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1974 Resolutions
'~ j ., ~ RESO~UTiON N0, ~. Series o£ 1974 A RESOLUTION FOR THE PURCHASI< OF T4'VO BUSES WHEREAS, the Tawn Council of the Town of Vail., Colorado, hereinafter referred to as the "Town", considers that it is in the public interest to purchase two buses to add to the existing munic- ipal transportation system; and WHEREAS, the Town has enacted Ordinance No. 25, Series of 1973, adapting the Budget far 1974 which contains the Open ,space/ Capital Improvements Fund that includes a Contingency appropriation in the sum of $101,198,00; NOW, THEREFORE, BE TT RESOLVED BY TIIE TOWN CO(1NCIL OF TFIF. TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title, This resolution shall be known as the '.'Resolution far the Purchase of Two Buses". Section 2. Transfer of a part of the Contingency appropriation. From said Contingency appropriation of $101,19$.00 a part thereof, to-wit the sum of $b3,000.00, is hereby transferred to and designated as a special appropriation for the purchase of two Twin-coach model TC-25 buses far the Town transportation system. Section 3. Purchase of two buses. The Town Manager is hereby authorized to purchase far the Town said two buses far $63,000.00 on reasonable terms in a timely manner and is directed to inform the Town Council as to the purchase arrangements which are made. Section 4. Effective date. This resolution shall take effect five days after its enactment. INTRODUCED, READ, APPROVED, AND ENACTED, this 8th day f January, 3.974. Mayor . ATTEST: ~. Deputy o Clexk v • ~ • (Resoiution For the Pu^chase of Twa Buses) INTRODUCED, READ, APPROVED A5 HEREBY AMENDED, AND ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS DATE, this t5th day oP January, t~74. r } ~~ fy ~ r / '~ ' Mayor ,' ATTEST: _~~ . uty Town C [e k . ;. - CEP,TIFIC~~~'I; OF Di'SI'OS:~:T1UI~ C)F' r?,ESuLUT~Q~1 • f IT ~S HL•'~F~Y CLi~TZFIy'D pursuant to the Charter of the To~•:n of Vail, Colorado, Article IV, Section 4.G, that P,esolu-tion ~~10. ~ Series of 197, to file otirinal of which this certificate is a~fi..ed, was duly adopted by the Town- Council. at a,ts regula?:' meeting on the /~~ day of ~ , 1974, v its adoption wa.s authe.-iticated by the signatures .of the rSayor an3 the To;m Clerk, and accordingly on the date hereof said resolution ~~~as duly recorded in the crfici ~.l reccrds of res- olutions of the TOwI3 of Vail, Colorado. DATES: Vail, Colorado, this /~1~ day of ~~ ~ ,19740 . l ~CLGCe Tocrn / ~~ 0 ~. ~o ~e 0 f~i ~r N O »a [] a 0 m 0 I". a. a e 0 0 m C 0 0 9 a d C 1 ~ ~ ~. ~ e`F ~ N ~ ~ f~ r o ~* fil m a ~ ~. ~* p' m Q ~ ~ ~. a ~ Q. ~ `~: ~ ~; ~ ro oq ~ W ~ G' m p, 0 y ~o., ~o~~ r n. ~ ~ ~ ,~ ~ m o ~ o ~3 ~ C~ y m o o ~b~~~~~ 9 ~ ~~~ ~ ~ ~ ~ n~~~ ~ ~ ~ CJ ~' ~ pd, p~ 'b +',` ~q r ~ `° ~ C ''°" ~ ,a y7, ~ ~ .mss R. `° ~ ~ '~ ~ tip" ~ m ~+ A ~*. ~ ~ ~ 00 .~ '~ as ~ rn ~ ro ~ ~, ~ m~o~~m o ~C v °' ~ o ~ o~ o o n'o~~ ~ m V ~ ~ ~ G ~ ~ ~~~ m ~~ ~ ~ ~ ~ ~ eo w ~'~ ago ~,~ ~ ,~ ~» p t~ ~, G W ~ 7~' C aFf ~ ~ 'C +p~~ M Sy s'h fC G]. fD ~ f'h ~ fC ~ '.y M M s~ ~ ~ L J O O ~ ~ f] ~ O ~ O r ~ O v v v O ro r n °z ., r RESOLUTION NO. 2 (Series of 1974} A RESOLUTION RATIFYING THE TOWN COUNCI L MEETING AND ACTS OF JANUARY 8, 1974. WHEREAS, the Town Code of Vail, Section 2--1--1, of the Town of Vail, Colorado, hereinafter reFerred to as the "Town'", established that the two regular monthly meetings nF the Town Cauncil would be held on the First and third Tuesdays of each month at 7:30 P , M . ; WHEREAS, the First Tuesday of January, 1974 was the 1st day of January, 1974, a Legal holiday known as New Year's Day, upon the last regular meeting of the Town Council in 1973 which was held on the l8th day of December, 1973, the Council deFerred its First regular meeting of 1974 from the First Tuesday, the Ist day of January, 1974, to the second Tuesday, the 8th day of January, 1974; WHEREAS, said Section 2-l-.l. [" does not provide for the deferring of a regular meeting of the Town Council and there appears to be no other Town ordinance or any provision of the State of Colorado statutes or Constitution which expressly pertains to the matter of the automatic deferment of a regular council meeting as a consequence of its falling on a holiday; WHEREAS, the Town Cauncil held the scheduled public meeting and engaged in certain acts on the 8th day of January, 1974, considering it to be its first regular meeting of January, 1974, but said meeting may not have constituted a regular meeting of the Council within the requirements of Section 4. l of the Charter aF the Town inasmuch as it was not held on either fhe first or third Tuesday of the month; WHEREAS, the Tawn Council meeting of the 8th day of January, 1974, probably could not properly be regarded as a special meeting of the Council within the purview of Section 4.2 of the Charter; and WHEREAS, the Town Council wishes to preclude any doubt as to the propriety, validity, and efficacy of the acts of the Cauncil in the public meeting which it held on the 8th day of January, 1974, at 7;30 P.M. , in the Municipal Building of the Town; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAI L, COLORADO, AS FOLLOWS; Section 1. Title. This resolution shall be known as the "Resolution Ratifying the Town Councii Meeting and Acts of January 8, 1974;' . Section 2. Ratification of public meeting and Council acts. The Town Councii meeting of the Bth day of January, 1974, and alt acts of the Council at said meeting are hereby ratified, reafFirmed, and reenacted . ~ r i .. l (~'• ,. ~ ~. '~ ~. Section 3 . Ef~Fective date . This resolution shall take eFFect upon the passage hereai', INTRODUCED, READ, APPROVED, AND ENACTED, this l5th day oi' January, 1974. ,,? i "~~. %f ,/,~` Maya ATTEST: t -pg,rr~ ~~ Dejauty Town C~ lerk ~ s i • ~. C%RTIFICA~'E DI' DISPO~ITIOiJ 0~' ?ZI;SOLI}TTO~I IT IS I-i:ZESY CL;~;TIFii:;D ~ursuar,t to the Charter of the Town of Vail, Colorado, Art9.cle IV, Section 4.6, that P,esolution i\1o. ~ , Serz.es of 1974, to the original. of vrhich this certificate is affixecs, was duly ado,~ted y the Tacrn Council at its rca~ular r:~ceting o:~ t're ~`J~ day of 1974, its adoption was authenticated by the sinnatures o~ the Piayor and the To~•rz; ClerY, and accordincl.y on the ca-ce hereof said resolution was duly recaraed in the of~'ic7 al records of res-- olutia~~,5 of the To~•rn of. Vail, Colorado. . DATE: Vail, Colorado, this ~~ day of ~'~ ~ ,197~~. ~~'`~ To~•: n C ~` RESOLUTION N0, 3, Series of 1974 A RESOLUTION FOR THE APPOINTA~ENT OF TI-IE TOWN ATTORNEY WHEREAS, the Charter of the Town o.f Vail, Colorado, Article VII, Section 7.l,provides that the Town Council shall appoint a Town Attorney to serve at the pleasure of the council and prescribes the qualifications and duties of the attorney; WHEREAS, the Town Council of the Tawn of Vail., Col- orado, hereinafter referred to as the "Town", previously appointed Gene A, Smith, Attorney at Law, to serve as Town Attorney on an interim basl.s ur7der ~~ Tlemorandum o.f Agreement dated the 13th day of December, 1973; and WHEREAS, Gene A. Smith has served the Town as the Town Attorney since the 14th day of December, 1.973, the Town Council has found his services to be satisfactory during the interim appaintment, and the council considers that said attorney is qualified to serve as Town Attorney on a permanent basis, subject to the pleasure of the Co1L1nG ~.1 ~ NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FDLLOWS: Section 1. Title. This resolution shall be known as the "Resolution for the Appointment of Town Attorney", Section 2. Appointment and employment, The Town Council hereby appoints (;ene A. Smith, Attorney at Law, to serve as Town Attorney of the To~vn for a term of ten and one-half months, from the 16th day of February, 1974, through the 31st day of December, 1974, pursuant to the Employment Contract off' Town Attorney dated the 15th day of February, 1.974, a copy of which is attached hereto and made a part hereof, and the A7ayor is authorized to execute an this date said contract, the execution of which shall be attested to by the Town PTanager and sealed by the Town G1erk. Section 3. Effective date. This resolution shall take effect upon the passage hereof, INTRODUCED, READ, APPROVED, AND ENACTED, this 19th day of February, 1974. ATTEST: Town C 1 e~/~c / . ~2 ~~ Agayo r r ' , .. EMPLOYMENT CONTraCT o~ TowN ATTORNEY THIS EMPLOYMENT CONTRACT, made this i5th day of February, 1971, by and between the TOWN OF VAIL., COLORADO, a municipal corporation, h~reinaftc~r referred to as the "Town", and GENE A .SMITH, ATTU!•=~'NEY AT LAW, hereinafter referred to as "Attorney", WITNESSETH: Section 1. Appointment and employment; term; salary. Pursuant to the Charter of the Town of Vail, Colorado, Article VII, Section 7.1, the Town acting through the Town Council has appointed and em-~ ployed Attorney to serve as the Town Attorney of the Town for a term of ten and one--half months, from the lath day of February, 197A, through the 3ist day of December, 1974, at a.~monthly salary of $2,083,33 to be. paid semi--monthly. Section 2 . Hours of work; compensatory ti i~ne off . Attorney wil! be employed on a ful!-time basis of ~l0 hours per week, having normal working hours of 9:~0 A.M, to 5:00 >='.N1., A.honday through Friday; Lt is recognized that Attorney must elevate a considerable tine outside his normal working hours to t1~e business cf the Town, and accordingly Attorney wil! be allowed to take compensatory time off as he deems appropriate during said normal working hours . A Section 3. Rights and duties oP employment. Attorney will endeavor to discharge his duties a:- Town Attorney as specified in the aforesaid section of the Charter of the Town to the best of his ability and in a competent and professional manner and in general Attorney will have all the employment rights and obligations of the other employees of the Town. Section 4. No conf=licting interests . Attorney will noi: Engac-e in any private practice of law nor have any other business interests which would in any appreciable manner interfere with his capacity as a Town employee or occasion any conflict of interest relative to his employment by the Town. ~, i Section 5. Office facilities. The Town will furnish to AL-tnrriey a suitable oFFice, office facilities, secretarial services, banks, paper, materials, and any other items reasonably requested by Attorney to ehable him to Function in a proper manner as the Town Attorney. Section 6. Professional dues and subscriptions. Upon the request of Attorney the Town will pay the professional dues and subscriptions of At~arney necessary for his participation in national, regional, states, and local associations and organisations which are desirable in his opinion far his continued professional participation, growth, and advancement and for the good of the Town. Section 7. Professional ciavc:iapment. The Town will pay for seminars, institutes, lectures, meetings, short courses, bonks, and literature, and the travel and subsistence expenses related thereto, which Attorney deems desirable for his continued pl^ofessic~nal development and far the good of the Town; provided, however, that Attorney will first explain his reasons fo1^ requesting approval of the aForesaid n-~atters and obtain the permission of tl7e Town Council therefor, which permission will not be unreasonably withheld . Section 8. Discharge only for cause; severance compensation. During the term of this contract the Town will discharge and remove Attorney from his position as Town Attorney only for cause, to-wit those reasons set forth in Article Vli, Section 7.2(d) of the Charter of the Town, and in the event of said discharge and removal will forthwith pay to Attorney severance compensation egtiiv~alent to his salary for a period of three months. Section 9, resignation only for good reason; termination pay. Exczpt for good reason Attorney will not resign from his position as Town Attorney during the term of this contract, and in the event of resignation for good reason the Town will pay termination pay egtaivalent to his salary for a period of one month, upon the termination of the employment. '' t Section t0. Additional term, Assuming the parties remain mutually satisfied with this employment, at the time of the expiration of the term of this contract the parties contemplate that Attorney wit! continue to serve the Town as the Town Attorney for an additional term of twelve months, from the lst day of January, 1975, through the 3lst day of December, 1975; in the event the Town does not intend to reappoint Attorney for said additional term or Attorney does not intend to seek or accept said reappointment said party will deliver written notice to that effect~to the other party on or before the ~Oth day of September, 1974; unless the aforesaid notice is delivered, this contract will be extended for an additions! term of twelve months as aforesaid on the same terms and conditions as herein provided, except for the monthly salary specified in paragraph l hereof; the monthly salary for said additional term will be increased by not less than l0% nor more than 20%, Bald increase to be agreed upon by the parties; and s contract for said additional term will, be executed by the parties in the interim between the lst day of October, 1974, and the 3lst day of December, 1974. Section 1!. Termination pay after notice. In the event notice of nonreappointment or nonacceptance of re- appointment is delivered by the 30tf~ day of September, 1974, pursuant to paragraph l0 hereof, the Town will pay to Attorney termination pay equivalent to his salary For a period of one month,upon the termination of theemplayment. Section l2. Cooperation in selection of successor. Tn the event Attorney resigns For good cause or gives notice that he does not intend to seek or accept reappointment he will cooperate with the Town in its selection of his successor. Section l3. Entire agreerr3ent; severabiLity provision. The provisions hereof constitute the entire agreement between the parties and this contract is now the only contract existing between the parties and supersedes all previots contracts; if any provision, or any portion thereof, contained in this contract is hold to be uncons'_itutional, invaiid, or unenforceable by the final decision of a court of competent jurisdiction, the remainder of this contract, or portion thereof, will be deemed severahle, will not be aFFected, and wt[[ remain in ful[ fiorrc, anti c:fi'ect. ~~~ . t... ~ .. \~ 5ectian l4. Express authorization far contract execution. This contract has been entered into by the Town at the direction of the Town Council, has been executed by the Mayor with the express authorization of the Town Council, the execution hereof has been attested to by the Town Manager, and the Town seal has been affixed hereto by the Town Clerk upon the execution hereof. IN WITNESS WHEREOF, the parties hereto have affixed their hands on the date first above written. TOWN OF VAIL , COLORADO BY ohn A . Da~son, Mayor,, '~ For the `f own Cou nci l ~" 1~.,, ..~~ GENC A , SMITH, ATTORNEY AT W ATTEST; Terrell J. ger, Town Manager TOWN SEAL; r Rosalie Jeffrey, U Town Clerk • .,+~ , r z a 1 I ," 1 r , ~ f ~ ~'• CERm1FZC?lTE OF D:~SPOS~T~O~I OF RESOLLTI(J~I IT IS IILItLTaX GE.R'~~F1L;D ~ur_suant to the Charter o~ the 'own of Vail., Goloracin, ~rticZc ~Z°, Section 4.6, that P,eso~.ution No. ~ , Series of i97~, to tine nri~inaJ. of which this cr-.rti~icate is a~~i~ced, was duly adopted by the iown~ Council. at its recuJ.ar aneetinr• on the fq~day o~ ~ , 197, its aaopti on was authenticated by the signatures .of the ~Zayor and t~?e morn Clerk, anti accordinc~l~y on the date hereof said resolutici2 was duly recorded in the oGta.cry ai records o-~ res- olutio~is c~ the To.•rn os Vail, Coiorac?o. bAsES : Val i , Co~.orado, this ao2~ '" day of '~ , Z9 7 ~ . `~'fl4rn C / P ~' , ~.f RESOLUTION N0. 4 Series of 3.974 R RESOLUTION RATIFYING A MEMORANDUM OF AGREEMENT PERTAINING TO THE CONSTRUCTION OF A MUNICIPAL PUBLIC PARKING FACILITY WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", on the 7th day of August, 1973, enacted Ordinance No. 11, Series of 1973, calling a special municipal election on the 25th day of September, 1973, for the submission to the qualified electors of the issues of an increase in the Town sales tax from 3~ to 49~, with 50~ of the revenues derived from said tax to be devoted to the acquisition of approximately 39 acres of ]and known as the Antholz property to be used for public purposes and for the acqui- sition, construction, and equipping of a municipal public parking facility and site therefor, the issuing of genera] obligation bonds of the Tavan to finance said projects, and requiring the adoption of a resolution providing far other matters and details relating to said election; WHEREAS, the Town Council on the 7th day of August, 1973, adopted Resolution No. 30, Series of 1973, which provided for the quesW tions to be submitted to the voters in said special election, the farm of ballot to be used, the giving of notice of said election and other matters and details relating to said election; WHEREAS, in the special election duly held on the 25th day of September, 1973, the electors. of the Town approved a71 the questions an the ballot by a substantial majority; WHEREAS, on the 16th day of October, 1973, the Town Council enacted Ordinance No, 19, Series of 1973, providing for the issuance by the Town of the General Obligation Bands, Series November 1, 1973, in the principal amount of $3,000,000.00 to obtain the funds far the Town for the acquisition of the Antholz property; WHEREAS, the Town acquired on the 7th day of November, 1973, the Antholz property pursuant to a Deed dated the 17th day of September, 1973, which was recorded on the 19th day of November, 1973; WHEREAS, the Town Council on the 19th day of February, 1974, approved on first reading Ordinance No. 3, Series of 1974, providing for the issuance by the Town of the General Obligation Bonds, Series March 1, 1974, in the principal amount of $5,500,000.00 to obtain the funds for the Town far the acquisition, construction, and equipping of a municipal public parking facility and site therefor, which ordinance is expected to be approved on second reading and enacted on the 5th day of March, 1974; WHEREAS, the Town has engaged an architect, James Ream and Associates, Inc., for the development of the aforesaid municipal public parking facility and agreed in principle on a construction contract for said project with a contractor, J. A. Hyder Construction Co.; and .~ ~ WHEREAS, pending the contemplated execution by the Town and said contractor of a contract for the construction of said parking facility, the Town Council found it appropriate on the 12th day of February, T974, to give limited authorization to said contractor to purchase necessary materials for and enter into necessary subcontracts relating to said project in order to reduce expenses and assure the commencement of construction on schedule, towwit, on or about the 1st day of April, 1974; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS; Section 1. Title. This resolution shall be known as the "Resolution Ratifying a Memorandum of Agreement for a Municipal Public Parking Facility". Section 2. Ratification of Memorandum of Agreement. The Memorandum of Agreement entered into on the 12th day of February, 1974, by and between the Town and J. A. Ryder Construction Co., a copy of which is attached hereto and made a part hereof, is hereby ratified by the Town Council, Section 3. Effective Date. This resolution shall take effect upon the passage hereof. INTRODUCED, READ, APPROVED, AND ENACTED, this 19th day of February, 1974. ATTEST: .i Mayor Town Clerk (/ Y _ ~ 2~ {~ a ~~~ , , • ~~~ . ; MEMORANDUM OF AGREEMENT. THIS MEn9DRANDUM Ofi AGREEhIE€~T, made this 12th day of February, 1974, by and betareen the TD1dN OF VAIL, COLORADO, a municipal corporation, hereinafter referred to ~s the "Town", and J, A. HYPER CONSTRUCTION CO., a Colorado carporatian,.hereinafter referred to as the "Contractor", WITNESSETH: 1. Pending the contemplated execution by the parties of a contract whereby Contractor wi11 construct the proposed Yai1 Transportation Center far the Town, the Town hereby authorizes Con- tractor to purchase necessary materials for and enter into necessary subcontracts relating to.said project which Contractor in its sound. discretion considers should be done at this time in order to reduce expenses and assure the commencement of construction on schedule, to-wit, on or about the 1st day of April, 1974, providing, however, that the project archii~ect and the Town approve all expenses thus incurred by Contractor, which approval will not be unreasonably withheld, and that Contractor submit a construction contract to the Town in accordance with paragraph 2 hereof. 2. Within five days after Contractor receives the warEcing drawings for the transportation center from JAMES REAM AND ASSOCIATES, INC., the project architect, which plans are due to be delivered by the architect to Contractor on or about the 15th day of February, 1974, pursuant to agreement between the Town and the architect, Contractor wi]1 prepare and deliver to the Town a certain proposed _ contract, to-wit, Sandard Form of Agreement aetween Owner and Contractor (AIA Qocuc~~ent A111, copyright 1967} and all ancillary portions ~' ~ thereof including a copy of the vrorking drawings, whereby Contractor guarantees that it will build the project for $4,703,DOO.DD, including all casts and fees, which contract wi11 have been theretofore executed by Contractor, so as to enable the Tawn to consider the proposed contract and at its election to execute the contract and deliver a copy of the fu11y-executed contract to Contractor lay the 15th day of March, 1974. 3. In the even~i.: Ca,t~tractor incurs expenses pursuant to paragraph 1. hereof and complies with the requirements of paragraph 2 hereof but the Town rejects the proposed contract and does not execute and deliver it to Contractor by the 15th day of March, 1974, the Town will thereupon be liable for the reasonable expenses incurred by Contractor under said paragraph 1 and will pay said amount to Contractor within thirty days after said amount has been determined, either by agreement of the parties or through arbitration if such is agreed upon by the parties or through litigation. 4. This memorandum of agreement has been entered into by the Town at the direction of the Town Council. IN 'WIT NESS WHEREOF, the parties hereto have affixed their hands on the data first above written. TOWN OF VAIL., CDLDRADO ', ,ti Terrell J. ~1'n er~, y • Town ,Manager J. A. NYDER CDNSTRI~CTION CO. Qy ~ ..~ _ _.- --- ` J o 0. G a v 7 n -, -- ---- rrstructian Manager ATTE5T:~ ~. Gene A. Smith, Town Attorney • • --~-- _ _ •~ ` CFRT5FIC1~iL" 0~' DISI'OSITIQ:1 OF iLESOLUTI0~1 IT IS E~ILIZ.EBY CFRTIFILI] pursuant to the Charter of the Ta~yn of Vail, Colorado, r'~rticle IV, s~ ~~o. ~ ~ Series of 197, to fit.. s certificate i$ affis:ed, was duly at its regular r~~eetinc~~ on the ~~~ its adopti an was aut'r.enticated by the action ~.6, that P.esalutian tc.e oricinal of which adopted by~~~[t~,h~e Town Council day of ~~%b`'~GC~Z~~ 19 7 4 , si~rxatures of the PAayor and the Torn Cler}c, and accordin~:ly or the date hereof said resolution ~•aas duly recorded in. the official records of res- oluu:~oris of tA~e To~•rn of Mail, Colc~:ac?a. ~ . DHTES: Vail, Colorado, this ~ day of ~ ,1~'?~:. e ~• o~~m Cler I_ RESOLUTION N0, 5 (Series of X974) A RESOLUTION REGARDING THE PROPOSED ANNEXATION OF A PORTxON OF THE BIGI~IORN AREA TO THE TOWN WIiEREAS, t}~e landowners of more than fifty per cent of a certain portion of the Bighorn area of the County of Eagle, State of Colorado, on the :}.9th day of February :1974, filed an annexation petition with the Town C1er}c of the 'l'awn of Vail, Colorado, here- inafter referred to as the "Town", requesting annexation of the territory described therein to the Town; and W11ERIaAS, t}re 'l'awn C:1.erk referred said annexation petition to the Town Council of the Town as a communication on the 19th day of February, 1974; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1, Title. This resolution shall be known as the "Resolution Regarding Proposed Bighorn Annexation". Section 2. Annexation petition in substantial compliance wa.th annexation statute. ~~;~ The said annexation petition is"found to be in substantial. compliance with the requirements of Colorado Revised Statutes 1963, Section 1.39-21-6(1) . Section 3. Public hearing on annexation petition. The Town Council shall hold a public hearing to determine whether said annexation petition complies with Colorado Revised Statutes 1963, Sections 139-21--3 and 139-22-4 or the applicable portions thereof, said hearing to be Held at a regular meeting of the Town Council on the 2nd day of April., 1974, at 7:3Q p.m., in the Municipal Building of the Town. Section 4. Notice of public hearing. The Town'Cierk sha.llsgve notice of the aforesaid public hearing in accordance with Colorado Revised Statutes 1953, Section 139T21-7(2). Section 5. Effective date. This resolution shall take effect upon the passage hereof. INTORDUC)D, READ, APPROVED, AND ENACTED, this 19th day of February, 1974. ATTEST: ~J lr,~ 'Town Clerk l ' C~'~~:Z"!'3:T'xC.;11`a'la UI~' 1~:CST~U;;T'I:':t:ON UI~' ItrS(:}]',U']'lUt•1 I`t" TS I~I~~a]~Y CF~RT~'l:'T)Jl') Purauant tea tl~te Charter o~ tyre Tawn of Vail, Ca].car~~da, ~z°ticle TV, Section ~.G, that I;~solut.ion ova, ~ , aeries o~ .1.'~ 7~1 , to Lilt' ox~i.ginal a~ e7hi r~h this cer.'ti.fi.cata is a~f:i~:ecl, was clul.y adopte~cl ley thc~ To~•an c"caunci..l at ita x'~~c~ular nroeting orr the l7 ~ day o~~~~~/C~.._._.__ ,- 197~z, a.ts ada~~tiatl was authenticai:ed by the aigr:r•~•t:ures a~ e Ma~Tor and tkle Town Clcr}~, and accordingly arY the date klereot said resolut.a.on was duly recaY:eled in the of_f_icial. recorcls o:~ res- a~.rxta.ons of tha Town o~ Vail, Cola-ado. DATES: Vail, Calax•ado, this~1~jf~dav of ~ ........~, ].971, r • ~ - l RESOLUTION N0. 6 Series of 1974 A RESOLUTION URGING PASSAGE OF HOUSE BILL 1156 AND DEFEAT OF OTHER PENDING BILLS BY THE COLORADO GENERAL ASSEMBLY WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", considers that comprehensive statewide land use and municipal boundary adjustment legislation is needed in the State of Colorado in order to preserve the environment of the state as a whore and to protect the quality of life of all its inhabitants; WHEREAS, adequate land use planning and control throughout the state can be accomplished only through comprehensive state legis- lation and cannot be left solely to local,county, and regional govern- mental agencies having limited authority over only the areas within their jurisdiction; WHEREAS, there is presently pending in the Colorado General Assemby a bill drafted by the Colorado Municipal League referred to as H.B. 1156, which provides for the designation of urban service areas throughout the state, control of land use within said areas, preserva- tion of nonurban areas from urban encroachment, expansion of urban service areas, annexation of areas within an urban service area by a municipality in accordance with existing annexation laws, limitations on incorporations of municipalities or formation or extension of special service districts, and creation or expansion of state boards and commissions to implement the legislation; WHEREAS, general control over the area within its jurisdiction is retained by a municipality under H.B. 1156; WHEREAS, other land control bills are a7 so pending in the state legislature, including H.B. 1092 and H.B. 1182, which essentially are boundary adjustment approaches that unduly restrict annexation but that do not sufficiently treat the serious problems of detrimental and largely uncontrolled utilization of Tand and urbanization in the state which are damaging the environment and the public; WHEREAS, the Town is presently seeking to annex a portion of the Bighorn area in the County of Eagle and future annexations of areas such as West Vail in said county are also contemplated, particularly if the Bighorn area is annexed, since it is desirable that contiguous areas which are a de facto part of the Vail community be brought within the jurisdiction of the Town; and WHEREAS, a number of pending bills, including H.B. 1099, H.B. 1119, and H.B. 1168, are anti-annexation proposals, which, if passed, could be disadvantageous to the Town and its citizens and detrimental to other municipalities and the state as a whole; • - ' °~ } NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Urging Passage of H.B. 1156". Section 2. Passage of H.B. 1156 Urged. The Colorado General Assembly is urged by the Town Council to pass H.B. 1156 during the current legis]ative session in an effort to preserve the environment of the State of Colorado and to protect the quality of life of all its inhabitants. Section 3. Defeat of H.B. 1092 and H.B. 1182 Urged. Because H.B. 1092 and H.B. 1182 are essentially boundary adjustment approaches which do not constitute comprehensive land use and urbanization control measures, said bills should be defeated by the Colorado General Assembly. Section 4. Defeat of H.B. 1099, H.B. 1119, and H.B. 1168 Urged. All pending bills, including H,B. 1099, H.B. 1119, and H.B. 1168, which are primarily anti-annexation measures, should be defeated by the Colorado General Assembly since controlled annexation under existing laws and H.B. 1156, if enacted, is an important aspect of proper land use and control in the state. Section 5. Transmission of Resolution to Legislature. The Town Manager is directed to promptly send reproduced copies of this resolution to all members of the Colorado General Assembly to inform them of the position of the Town with respect to the pending bills referred to herein and to such other parties as within his sound discretion he considers appropriate. Section 6. Effective Date. This resolution shall take effect upon the passage hereof. INTRODUCED, READ, APPROVED, AND ENACTED, this 5th day of March, 1974. -~'~ ? ,9 r;' `l~ Z ,~'~,~ ayor . ,~ , ,~I,. ATTEST: '~ ~~Gt.4 Town Clark - -2- . r r - i , ~t ~~ CERTIFTCALE OP T~ISI'OSITIQ~I 0~' REvOT~~~TIO~T •'~~ -.. IT ZS FiLREbY CERTIT'ILD pursuant to the Charter of the Town oL Vail, Colerada, Article IV, Section 4.6, that F:esalution hTo- ~ aeries of 197, to the original of ~.~hich this certificate is affia:ed, was duly adapted by the Town Council at its regular meeting on the ,~~ day of , 197, its adoption was authenticated by the szgr.~.-,ures nT the Mayor and the Tov;n Clerk, and accord~.ngly an the date herenf said resolution was duly recorded in the oFficial recorc"s of res- olu~tions of the Town of Vail, Colcradn. BATES: Vail., Colorado, this ~~ day of i~~~~ ,1~7~=a U Ta~•in / w v ~ ~ RESOLUTION N0, 7 Series of 1974 A RESOLUTION SUSPENDING THE REGULAR MEETINGS OF THE TOWN COUNCIL IN MAY 1974 WHEREAS, the Charter of the Town of Vail, Colorado, Section 4.1, provides that the Town Council shall meet regularly at least twice each month and Section 2 of Ordinance No. 1, Series of 1974, of the Town of Vail, Colorado, hereinafter referred to as the "Town", establishes that the regular meetings of the council shall be held on the first and third Tuesdays of each month; and WHEREAS, four or more of the seven members of the Town Council expect to be away from the Town on business or vacation during May 1974, such that there would not be a quorum of four councilmen as is required by Section 4.4 of the Charter far the transaction of business at a council meeting; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution sha~,1 be known as the "Resolution Suspending Regular Council Meetings in May 1974". Section 2. Suspension of regular meetings of Town Council in May 1974 due to lack of quorinm. Due to the expected lack of a quorum of the members of the Town Council which would preclude the council from transacting business at the regular meetings that ordinarily would be held during said month, the two regular meetings of the council scheduled in May 1974 shall be suspended. Section 3. Special meetings of Town Council shall be called in May 1974 in the event of necessity; notice to Town Clerk. Tn the event of emergency or other necessity the Town Council shall endeavor to hold special meetings in May 1974; and to enable the Town Clerk to contact the members of the council during said month each councilman prior to his departure shall inform the clerk in writing of his itinerary for the period he will be away from the Town and subsequently inform the clerk in a reasonable manner as to any it~_nerary changes. Section 4. Notice of suspension of regular council meetings in May 1974. The Town C~.erk slrall give notice of the suspension of the regular meetings of the Town Council in May 1974 by having a copy hereof published in The Vail Trail newspaper on the 3rd and 17th days of May 1974, said publications being on the Fridays immediately preceding the suspended Tuesday meetings of the 7th and 21st of May, 1974, and the clerk shall also post copies of this notice in at least two public places in the Town throughout said month. hereof. • z, Section 5. Effective date. This resolution shall take effect upan the passage INTRODUCED, READ, APPROVED, AND ENACTED, this 2nd day of April, 1974. ~a~ or ATTEST: .C~ ~ Town Cle~fk P ~~ 0 ~. '~ w 0 o~ ~ ~. 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Clerk, and accordingly an the elate hereof said resolution. was duly recorded in the c~~~~-cial records o~ res-- • olu.tiorxs a~ the Tov;n o:~ Vail, Col.arada. . DE?TES : Vail, Colorado , this,"~~/~, day of ~ ,19 74 . t Tovrn Cl.'e~c c c caa._C ma^bn ~1a;- m ~ u a an.-.v~ m~ ca `~ uo ~' u a'o _JC o ~~ % v c -r NN v,cc*'~~~C ~ aN Si. ~ °L, TA ~ QN Q'^ ~ a t ~- uL E 0.`i •N ~,NM i'O On~ n ~ wn=uC puNL w0. Cad N ~ 7 a~ 2 rn~ a7aMaa L~OL~ir~° ma 0..~'yG ~9 ~m p H ^f ca aw NLdap N NA~U•-Im jp~j NaC[T ~iCpi .»~"' Y ~ O OQ m'o v~y ~b Dy 3[pd,°d, a'y c m a 'rns orn ocao co rn~ a; ;? .Qp Q rD ~~' y y'-"'" W U aM AMAn 3a'" 0. - 17 M'~- °> ~'-~p TL O p~ ryry_ WW 'y G ~ C 4 CC3'C aE 6afa A.yO wV OF-av u Nu0~N ~L nUU qV'~ V CLA 9 Nwp~U y.0 ~. N ^.- aOa~ m U OC ~C• aQ[ A-Cyo Cr•Vi+ oaJd ~La Q ~~ -.~ !_' E" V O C o° pQm~,r-3 70aLwa n=,_01w ~ ~^a. io an a-n[~Y«aU~~'~RC~o~ z ~°v~T..ro~aNC'imc ~pr~'dozCl~aF ~= 1 « 03' s. raEw1/I. 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D:;F-; d N rl~;:; w RESOLUTION N0. $ Series of 1974 A RESOLUTION REGARDING THE MUNICIPAL COURT AND EXTENDING THE TERM OP THE PRESIDING JUDGE • WHEREAS, the Municipal Court of the Town of Vail, Colorado, hereinafter referred to as the "Town", was created by Section 7.2 of the Charter, which became effective on the 12th day of September, 1972; WHEREAS, Title II, Chapter 7, of the Tawn Code of Vail, which took effect on the lst day of May, 1973, established the Municipal Court as a "qualified municipal court of record" pursuant to the provisions of Chapter 37, Article 22, of Colorado Revised Statutes 1963, as amended; WHEREAS, a "qualified municipal court of record" must keep a verbatim record of the proceedings and evidence at trials by either electric devices or stenographic means and require as a qualification for the office of the pre- siding judge that he shall be currently licensed to practice law in the State of Colorado; WHEREAS, Roland Gerard was judge of the Municipal Court, as it term of two years by the Board of T through a resolution adopted an the prior to the effective dates of the Code; appointed as presiding then existed,. for a rustees of the Town 18th day of April, 1972, Charter and the Town WHEREAS, Section 14.5 of the Charter provided for the continuation in office of all appointive officers and all employees of the Town for their respective terms as though they had been appointed or employed in the manner indicated in the Charter, thereby extending the previous appointment of Roland Gerard through the 19th day of April, 1974; WHEREAS, Roland Gerard is the presiding judge of the County Court of the County of Eagle, State of Colorado, but is not admitted to the practice of law in the State of Colorado; WHEREAS, the Municipal Court of the Town could not commence to function as a "qualified municipal court of record" upon the effective date of the Town Code on the 1st day of May, 1973, since the presiding judge was not a licensed attorney at law, such that the operation of the court as a court o~,r~.coxd Was deferred by the Town Council to the 20th day of April 1974, the day following the expiration of the term of the current presiding judge; and WHEREAS, the Town Council considers that Roland Gerard has served as the presiding judge of the Municipal Court in a satisfactory manner throughout his tenure and the council has been unable to find a licensed Colorado attorney to succeed the current judge; • NOW, THEREFORE, BE 1T RESOLVED BY THE TOWN CO[INC~L OF TI3E TOWN OF VAIL, COLORADO, A5 FOLLOWS: Section 1. Title. This resolution sha11 be ]mown as "Resolution Regarding Municipal Court and Judge". Section 2. Deferment of operation of Municipal. Court as court of record. The operation of the Municipal Cburt~of the Town of Vail, Colorado, as a "qualified municipal. court of record" shall be deferred to the 1st day of January, 1.975, and in the interim said court will continue to function as a "municipal. court" pursuant to the provisions of Chapter' 37- Article 22, of Colorado Revised Statutes 1963, as amended. Section 3. Extension of Current term of judge. The current term of office of Roland Gerard, presiding judge of the Municipal. Court, is extended on the existing provisions with the consent of the judge from the 19th day of April, 1974, through the 31st day of December, 1974. Section 4. Regular sessions of court. Tn accordance with Section 2-7-3, Town Code of Vaal, the Municipal Court will conduct regular sessions each Wednesday not a holiday at 1:30 P.M. in the Municipal Building of the Town of Vail, Colorado, except for good cause; any proceeding scheduled on a Wednesday which is a legal holiday recognized by the Town shall be automatically continued to the next secular Wednesday; and for good cause the presiding judge may cancel a regular session of court, giving written notice thereof to the Clerk of the Municipal Court, who shall endeavor to so notify interested parties and counsel of the continuation of proceedings affected thereby to a rescheduled date so as to avoid inconvenience to them. sought. Section 5. Successor for current judge shall be Prior to the 31st day of December, 1974, and regardless of continued satisfactory service on the part of Roland Gerard, current judge of the Municipal Court, the Town Council shall seek a licensed Colorado attorney who as qualified and walling to serve as the presiding judge of the court. Section 6. Effective date. This resolution shall take effect upon the passage hereof. INTRODUCED, READ, APPROVED, AND EI~CTED, this grid day of April, 1974. „ ~ , ATTEST: r Town Clete _s. - ~ ~ .. . CERTyFSCITE Or DZ5P05ITIQ1 OF Fta:.~QLU^IOLI IT IS FiLREE`.~ CERTII'IED pursuant to t:'~e Charter of the Tov;n o~ Vai1, Colorado, Article IV, Section 4.6, that Resolution ~o. ~ Series of 1374, to the original of rrahich this, certificate is affix>eci, was duly ado~tad by the Town Council at its regular meeting an the ~(.~ day cf ~~J ' 1974, its adoption was authenticated by the si~n*tures o the i~tayor and the To~•.n Clerk, and accordinc;ly on the date hereo- said resolution was duly recorded in the official records cf res- oJ.utions of t.ze Ta~•m of Vail, Coloradoll. DATES : Vail, Colorado, this /~j~./rU day- of ,19 74 . " Toc~~n C1.~ G' s ~ • i'tT.aSCJLUTXOIQ ;F3. ~ Sc.ri~s aa~ 1974 ~ • A RESOLUTI~'*? ~;~'G~1IZ~}ING Tail, 171':OPC}5i<;D ANNEXATION OF ~, i?O~tTION O~~' 'I"iIF ~3IGS~Ok~N AREA TO Ti-iE `.POV,~~; TkiR0~.3GFi AL4 ANi~IAJX~~7'IOIV r~LECTlOAI ~VHERiAS, the landot~rAers of znarc than fifty per cent of a certain pal~t~.an a~=' i:he ~ighaa:n area of the County of Eagle, State of Colorado, an the 19th day of Fe~aruary, 1974, filed an annexation petition with the 't'own Clerk of the Ta~,rn of Vail, Colnradc~, he~~einufter referred to as the "3'own", rc~gt~esf~inc~ annexation of the territory described therein to the Tawn; [~~HERL.AS, the Ta?vn Clerk referred said annexation. petition to the Tc:~vdn CoEZnr_i1 at' the Tnwzx as a coziut~un.ication on th.c 19th duy of ~Webx~uar.y, 1.974; WHEREAS, the Town Council in its regular meeting on the 19~.h day of February, 1974, found said annexa.ta.an petition to he in stz}~stan tial carnpli.G?r.ce with the rec7uircmerts of Calar~3dc~ Revised ,Statutes ].363, Sect~_on 139-21-6 (1} , and enacted Resaluti.on Na. 5, Series of 1974, of the Town of Vail, Colorado, establishing the 2nd czay of April, 1974, at 7:30 PM, in L.he Municipal. Building of the Tawn, for a public hearing to deter- mine eahet.hez: ;aid annexation petition complied with Sections 139~21-~3 and 13'.x--27.-4 or the appl.icabl.e portions thez~eof; WiiS~`REAS, at least ten per cent of the e7_ectors, wha are resident :in and landowners of to be annexed, rahirh is situat.c~d in a county of f~.ve thousand i.nhabitanta, fiJ.ec7 a petition for ele:atian with th.e Town Clerk of the Tawn on the 7.9"74, ten days prier to the pu~~lic hearing esta: Rc~~~alut~.c~rL No. 5, Series cf 1974; qualified the area proposed less than twenty°~ an annexata.an 22nd day of I~7arch, dished by C~]~iEItEAS, the Tawn C1c:rk referred said petition for annex4~.tir.~r, election to the Tacarz Council. as a communication at thc~ s~:hedul~:d public he~~rinc; an said annexation l,~eti.tian an the 7_nd day of '~lpxil, 1974; . r~~~zERi::r~S, thF Town Counc~.7 iz1 said publ:~.c hcar_ing con- sidez;~ed Y~c~th staid annexation peta.ti.nn and sax_d petition for annexation election and cc~ntinizcd said hearing to the 7.6th day of April, 1974; and WiiEREAS, Section 139-2I.--6 (3} , Colorado Revised Statutes 1.963, provides that a petition far annexation e:~ectio:a filed pursu~crzt to Section 13971-6 {2} sha.7.l take precedence aver an annexation petition filed pur~,uarzt to Section 139--21-6 (:L) px~avided tl~e petition for. azznexatian el.ectian is filed at least ten days prior to the hear.in} date set for the annexation. petition; NOW, THEREI~`ORi:;, }3E IT Ri~SOLVT~;D k3Y THE TOr`dN COL)NC:IL OF THE 'T'4Lti')<T OE V:~3I7'1, GOLOk~~DO, AS kOLL,O4~S: L/l'.: l..tl.ll jd 1 a 177 .A. ~.1e This reaa7_utian sr:a?7 be known as the "Resolution 12rgarding ~raposed Bighorn Annexation 'T'hrc~uc~l-L are Annexation F7.czction" . Section ?. Ret~_tian for annexation election ~.n sub- st.ani~ia7. compliance witkz ann~xatian statute. The said p~ywitiar~ for annex~.~ta_an elec:{.a.an is found. to be in subst`+ntial rampli.az-Lr.:c' with the requirezn~;ntr~ of Ca1.c~r~Ldo Revi~;ec? ;ltatutes 1a~i3, Seotioz~L 139-7.16 {2? , ~. ~ ~ .. ~ -k 1 i Sect~~on. 3. Pet~.t~ tan far Anne :cattion elec:t~.on accorded precedence aver azine:~ation pat~_t.ioz~. 1?ursuant to the provisions of Section 139-2~.-6(3?, Colorado Revised Statutes 1963, said petition for annexcation election s.ha1~. be accorded precedence c;ver said anne~cati©n. petition. Section, ~. public hearing an petition for anne~catian election. The Town Council shall hold a publ~.c hearing to detc~r- mine whe~:her said petition for anne~atian election complies wit11 Colorado I~c~vi;;ed Statutes x.963, Sections 133-21-•3 and 139-~21-~~ ar the applicable parta.ans thereof as may be required to establish clegibilit~> far annexation under The Municipal Annc~.xat~_an Ae:t of 1965, ;~a:s_d hearz.ng to be held at a z°egular mee~.ing of the Town Counca.l on the 9th day of ~titne, 1979, at 7:3~ PM, in the Municipal L'uilding of the Tawn.. Secti.or~ 5. Notice of publir_, hearing. The Town Clerk shall give notice of the aforesaid public hearing in accordance with Colorado Revised Statutes 1963, Section 139-21-7(2). Section 6. Effective date< mhis resolution shall take effect upon ;:.he passage hereof. :CNTRODUCED, RF,AD, .~?~PI~d~'ED, TiND ENACTED, this l6th day of April, 197. AT rid' ~7.' ..~.. gyp! ~ Jf ~ '1" ~~_ ~ f ..4.a_. Town~~Cle~k ijF-- j_ / ! ~, I aa~ . • • ~. ,. ~ i , , ' TO,VN 0):' V1ilL STATE OF GOLOIZt~.DD PETTTSON FOR ~ZNiVEX1~TTON EL>aCTTON Tn accordance with Section 139-2I.~-6(2}, ^oiorado Revised Statute as amended, the undersigned Petiti;~.aiers hcreb~~ xesnect£ul3.y request that the Totrn o.F Vaiz, Co3orado co::~~unce proceedings for the holdincT of an annexes: ion election to de- termine if the territory described in ~xh~.bit ~, which as ' att:acl~~ed hereto and incorporated by reference (the "Te~:ritory"} , should bU annexed to .the To~•rn of Vaal . They Torn Council of Vail. enacted Resolution No. 5 (Series of 1974) on February 19, 1974, wha:.ch found an annexation petition pertainitzg to the Territory to be an substantial compliance Frith the rcqu~.rements of Co~.orado Re~~ased Statutes 1963, Section 139 2? -6 (~. } and set a public ~ hearing on the anne~.ataan matter for Ap,il 2, 1974. The undersigned Petitioners desire that the anne}:anon mattex be determined by an annexation election. Tho undersigned Petitioners are qua~.ified electors, resident in and landowners of the Territory_ Na~,a of Petitioner Date Mailing Adcix~ess Owned by Pe t~. ta.oner Jack Carnie ~~~7~ Box 533 Vail, Colorado 51657 Block S Lod 3 B~.~l~oxn Sub 3rd Addition amun.ded ° Lot 1 Pz~;horn Sub. 1`auxth Add Block S Lot 2 t~~gi~ozn Sub 3rd Addition Amended Lot 9 ~3lock ~ ]3ighorn Sub 3xd Addition Amended sTATE o~ coLO~~no 3 ~ ~ . } ss. ~ ` COGNTY OF EAGLE } . •-~ , ~ ._,::~ r,_~ zgnature of Petitioner} The foregoing Petition fq~~, vexation Electz n was s bscribed and acknowledged beToro me, a notary public, by ~: ~ C_~~-til~_.c.~~, on the /y day of ~~u.~.. 1974. My Notarial Co:.u~issa.on expires : ~~~ ](. /~7~,-- Wa.tness my hand anc? official seal.. {~~ ~_ .~GGfIZ.-G~J Notary ui~la.v CERTIFIES) C01'Y QF ORIGS~fAE. ., This is a true copy of the original hereof which is in my custody in the records of the Town of Vail, Colorado. . Town C 1 er1~ / ; ~ // Town of Vai >'", Colorado 1' r Y • .~ r . s• • ~ • ,5 • ~~ T ~~ ~ • ~ - • • r ~ • ~ ~ r • ~ ~ i 1:xl~lE31~' A ~ ' w A pat-coI at 1ar~d iytnr~ Tn the south i./Z aE Sec~'tan 2., 'i'aunsll]p a .. , sau•I-i~, r~nga 8I wos'i•, •>•ho sou~Yh i l2 ofi ~'ha sau-ti~ i I`7 of Sc~cf'i on ~,, - ''T'awnsh i p 5 shotrth, ranaa 8! wos'1•, ~'he aasr ! f 2 at ~ii© nor`theas-Y i /~'- of Sc~c-YI on ! i , 'i'owf-~sh ] p 5 south, ranJo r3l west, •i~ho aros•Y i /2 and •1'hQ sou~haas'1' 3/~l of Section i2, 7n•rirrship 5 sais•1-h, t~ang4 8I was., •t-l~r~ nor~`hoas-l- 1lf~ at tho ~;ortheas-t- iii cif Sc:c~ftan l~, ~"o~~+nshlp S sou-Yh,, ~-ar~ga fli :~os-I-, end tha nor•thwes-r' i/~ or' tF~e nar••1•hw~sfi i ~~ of •i•hn nar'YhweS-t- i I~ of Sec-Yi o;~ IFS, i ownsh I p 5 sa~-Y?~ r, t-ans~s 8b wos; o'~ tha 6-;h I:rlnctpai r4rldt~rr, Eagle Caur~fiy, Golarado, and descrit~od ass Bogl'nning at thc~ sou-Yhaas'~ '4ycrrner•••c~f said Cec:-Y]on ~; ~'l~er~co ~ ! nr~g fiho sc~:t; 11 1 i ne of said Sac-I°; on ~ iu 89 °2~' :~f3" S~1 'x678 . ! 7 ' Feat; •Yhonc~ N G~`'O i Q~'~" r SC:a POQ fse•i•y •YhonLCa h+ t7~'0!' ~~r" ~_ 255.GG fee'f ; =~ tyoncc~ N :i8°U 1 s 2~>" I:. ~3Ue0t] i~ea'Y; fi~ence t~ 15~ 1 U! I~~4~ ~~I i 2i~.~ 1 3ae't'; th~nro A! ~0`'a~ p 43" I~ 2~G •C3G •~ea-Y; i henco S ~ r ~' Q' .T 7" E . 30G.QU 3•ea-1'; •'Yhat~co S S3`'2Q' i7" ~ ~C3t1.0(} ~'~:e`i•; -l-i~ertce l~ •8``:~i;~?~„ W ~! ~.~5 Fae-Y -;a --h~ ~o~fin rtgh-t•~c~i--~t~y 1 t no ©•f. i n;er-s`l'a•i'e 7Ui = .. -1•hancm ra:on~ ~~id so~'Yii 1i::~-~ on •]°he -~n1lossTr~c~ ~a~t•s~ss S 8g"5~'S2" ~:--•-~- • 858.£~C~ Foa•i-D i~ ~a`''1U'~i" E ~~.55 •Faot •Yc~ ~i3a nc~rti;•;~~s'1' oarn:~r ofi _ •. • • 1!~ i 1 V 3 1 i ~~~ E 1 ~o~~r~-i'l~r i^ 1 ! ] i~ci; •1-I•:c~nce ~ ~ 1 one •~hQ v:es•1'ernc~as-Y i 1 no "-_ - Q t •Sc'3I C! ~Ll~d f }9] 5 i +~r1 C`~Y'F 't'a~~ •T~1 i ~,~ 1 ray zso ~.•~ a~ c ~ G°~~' S ~" •i•-r 2~ .22 • fors ~ a S :~~~~~ s ! ~" ~7 19.75 goat, S 5b°~5 ° i ~'-" ~J :~2.`~7 t~~ ~; •1'l~~nc8 along fiho s~t~•~~~rnrn~~-~ i i t1~ o~ said Su~:e~i~~isic~n a~`r ~-ha 'roi lt~~~l ng - cour•aes, S ~i~raf~~''13gs~ E 5t3~S,7~ fe~~°; e €~~ ~:3~'G7~" ~25.OU •.-Feafi; :. ~. t~ ~35~28~C1~"~ E 2~'~.t1C1 toe,'A i~ ~~u~~3°t?(7" ED FSts.pb ie~',''; ~ '&~`'S8F3Uu ~. - 1'ri{).Cl~ F+7~~ ~y ~ alb Ul~ ~~ E ~...o~.~~ ~ : tam`{. a or ~~ ~l~ ' ~ ~~Q.~O ~~;~"~'f . 1'1 3:~°~Q3t~U" E ~~Ci.Ufl Faa~b ~ i~3~54 ic8" ~ U~.S`l Foe•b io 'i:Yre sUtr;?y _. • -• ' . 5"~g13i-~imw~y 3~in~ a~ i~3°,ars;°~-Yc~ 7Q; `1-h~c~~=~ i~ f~~'S:'zr i8r: ~ ~~7.~8 . ~ ~Fea-~ 'tom •i'ho ~-~©r•'i ~ ~T ~~-;--a-~°''~fi~4: E T no a r t ~•1'erK•~~-Ye 7b ~~r5 d i he ~pu-'rl•E~r=ry.~ tnas-Y • i Y~~t~ a•~ `~~i i V3 1 3 aga '1'F~~! i--;"1~ -i•i ! ] ng~ 'i°;--cnca ~it~nq s~i ~ ~or~~~on + lSr~c~ ~a~ `i•h~~ ar~1 to~~Tn~ ca~r•w~~o S 87`~~:~'~~" it 1:~i i.tSc~ tee~f; .l•~ £3~~'~:1 fib;' _ 6~r.r~.:~~'+~ Fea;; ~ €:~ar'•s-© fio -~l~a t~Tc~h•t' o+ &,it$c1'~ lY~~s ~ r•aditi:~ of ?ir'C3~L~~3 `- xoe~- •ai3c~ Tri-1'~t'1oi" ;ar~cSao ©~ p~1 i g?{3", •1•t~~ iorg +cl~~r~d r~~ w;~i~~h bay.+.r~ S 15n054 t 1=' E ~7~ps59 •~os~~'; el~anca alone; said nar`i~Y rlgt~•i-wor`,..~~y ..•- ~ine or, a cu~ve'•i-o rho ~`Yc~h; which hay ~, s~~tiua. os ?IgG.UU ~~a`; and ]n''ra~~ior at~cll~a a•f i°47'7",~ -Yha lvn~ c13o~d oa t~h3~:h l~aars S ~• - ?~3°29?~`~4r' 1~ G8 a5c ~`ce~°; tha~c~ S 55 ~'i 7t U~.~ ~. ~~5 a7a fee'r, ti;c r~ea _ 1`l 8~3aa8"~fi" C 2~~7.7~ Foat -t'o •i'i~e as z e l: ] ~e c?f . saT d Bactl an ~.; ,- ~-hanca ~iong s~i~ saa-i+ 1]'rza 5 U°2aYG2" ]~ iii 1.44 •~ee•x io •1'~a ac~r~•YhM'~.~ - ' taes•~ ro~~rtoc- of aaid 5~c•; Io:~ l~;-t•hanc~ ~to~g the r~wz•;-h 1 Irta at ;aid . Sac-Y?ors N 89°ti5gU4?' ~ 13~5.~5 :ee-1-; ~'h~neo S Q°r~',~~" E 86~r.~r7 ~ _ Foa'1- `I`o tho nor~°;a righ•]•Rr~;--v~ay 1 ] ne o, 1~ rr-Yara•fio-3'a 7G; `~he;~co a I and - . ~ . sa] d t~or-1•h i i na S' 39° i 5'S~" E 595.5(3 `Fe~-Y; 7;renc~ I`I 89°55' t i" % - 95{3.7 Foc~'~'; <°tience S OL2D'04" ;~ Si ~.~~ Fca`Y •I-o -ih~ nor•f•h r•ic~ht'.. of~-way l the a-a !n'1•'or°s-Ya;'o 7C3; `Yt~anco 5 b~~G'44" 1r~ Sb~.F~~ rr~8`i `Yo the Sgc!-1'h rl ghfi-o-~--tday 1 ] na n~` i rr•1'a~•sta•fia 70; fil~ancE S 0°~O r G,~rr E ~12.GG z`we•1•; •Yhance S 89°~Z'42" >~ ]:~29.Q0 -1'ea-i'; `Yt~enee 5 0°0.~'p0" E 1525.-x'>~ tea-I•; t hancc~ iii 89°5fi' 13" E i .~ i 5. ! I r`ee s ; •I-hance S 0°QQ' 00`' 1~2Q.85 •~aa: to 'i'tra norfih~•resfi cnr-r~er of ~]d Sect]on ]S; ti~rlnca along •Yho ~Za~•'3'h 1 the o•t said 53c:Ior7 ]8 a f1~G5~'?=f" E 247.70 ;oe•1`;- thence S 25"01' 59" S°? 5€35.x8 faafi ~'a fihc~ was-1' i ] rye of , sal d Sec-I' I on ! 8; •~henco N 90°Oa4J0" 1.1 7.00 -i'ea-t•; ti}anco ;~ 0°Ot~4p0" ;77.L30 fee-I'; thunco Ti 30°40' OG" E i .QO ~ Qe; `Yo the aas•Y i 1 ne d: said Sec .• 1 an I ~; . •1'lzanca S i]°C)Q't7C3" 51.8] fioa-Yp `I•;7onca I~i E3°~'S~'~4" T•1 1~Oc5.85 faa-Y; ~-hc+nca IJ 0"C~flT{30" B32:Z.o8 roe; fio fi;~a sc~u'1'h i Ino of Bald Sac-i+ion' !7; fil~enco a fang sa I d soufih 1 T re N 89~'Sa' 2~~" t'1 I ~Q6:B5 i`ee-Y; ~'hanca . t! 4°f~~i' 1 8'' '•'1 i 3 i ~ .99 toa~•t'; ~'itie;~ca fi•J ~'~~° 57'40" ~~! ! I ~S.gO ~`ea~'; tt~enc~ ~i 89~'~1~?'49" ti~J ]:i~,1 .~15 teat -+o •rhe v~as-Y I Ina of said Sectlan ! i s `Yhnnca ~ I oaTg sa ] d wasfi I I:~s I`1 Q° 1 9' GO" t•1 ! X83 . 1 2 t~afi; th©nc.d S $~°5U''S4" l~d GS?.S9 ~`p~a-1•; thonco ~2 GAi9'(7~?T' r~ x;50,59 #•~se•#';. •t'yanca ~1 89"~#~'C36" t•f 652.5~J #oe-Y; ~'nance i'1 Q°0?_'4{)" E Ia2©•76 tea]' -1.0 t1~a sou-t-h i i nQ at S~~ 1 d 5~{c-Y t c~r~ ?_; '1-1~anc~ ~~ i c~~,g . ~~ I d .~at~th I i ns f~~ G~~' `-i~ 3 ~ 2 W i37.5.~5 fcj©-Y; fi1~c~r~cn g1 8~°~la'45" 1.1 2;:~'3?,51 t©t~t `~o `Yho 1`~'c1~ polar a~` hhrllr~nlt~c~n ~.9 •'rr-ac-~ Ar' land ~~i"rIc}t can•;?~ttis G5~.464 ncras, r~ara or` Q .`1 J • '~st•,~~ ~ ` • v4 .. 'i •' • ' ~ • ~ } t ~ r ~' S ~ ~ ~ • TOtidN U1? VAT L STA'.~E OF COLOiZA1~~C7 P1,TTTTON FOR ANNEXATION ELECTION xn accordance with Section 139-21--6 (2) , Colorado F?evised Statute, as a,,ended, the undersigned Petitioners hereby resp`ct.fully rec~u~^st that the To;•rn of Vail, Colorado co;:~znence procr.edings far the holding of an annexation clection to de-- i:ermine if tree territiary described in E~;hibit A, which is attached hereto and incorpr~x•ated by re~ex•ence {the "Territory") , should be annoxed to the Town of Vail. The TOGJ21 Council of Vail enacted Resolution No. 5 (Series of x.974) on February 19, 1974, s~:hic.'~ ~aund an annexation petition portai.nina to the Territory to be in su~stantial compliance taith the require;~ents or Colorado Revised Statutes 1963, Section 139- 2~.--6 (~.) and set a public hoaxing o:~ the annexation matter for April 2, 1374. The undersigned Petitioners desire that the annexation mattor be deterFnined by an annexation olection. The undersigned Petitioners are quali~ried eloctoxs, resident in and landosr~ners oL the Territory. ;. Name of Petitioner Aate Mai~.ing Address Owned by Petitioner Joan ~, Carnie 3--19--74 P.D. Box 533 Vai]_. Colorado £3~b57 Block 5 Lot; 3 ~ii~horn Sub 3rd Addition Amended Lot ~, Bighorn Sub ~oizrth Add Block 5, 7_af 2 Bi~;l~os-n Su~; .yrd Addition Amended Lot ~ 9 , Blo .k 2 Bighorn Sub 3rci Adda.ta~on Amended - ST71'.PE OF COLOR.c~.DO SS. ~ f COUNTY .oF EAGLE ? t ~-r,--~-~ .7~' ~ - (Sa,g~ature of Petitioner) The foregoing Petition far An~e~sation E~.~cti,o Baas subscribed and acknowledged befCOre me, a notary public, by ~,~.~~,.,,- ~ ~~_r.~.-~~ on the /~~ day of `~~17~~~.~. 1974. --' Q Z~y Notarial Car,'limission expires : yin ~~!.. l6, /9 7S`~' Witness my hand and official seal. Notary public r 4 :,~ i `~ . i . • r I } • 3 ~ ~ • ~ ~ XI~} ! E] ! 7 ~ •r • ~ I T ...~..>...... ,~. r A parcai c,f land lying 1n •rt7c~ ~ou-i-h ill of SEC~'lori ?_., '1'a~,~ns}alp 5 r . sou't'h, range £33 ~ras't' 't't~c~ rotr't'E~ 1I2 of 'i'ho aou•rh !f2 of Sec•}'lc~n a, y. a '7awnsh I p 5 _~l~ou't•tz, rar,c~a S9 was'I•, :rhe oas-~ ! l2 of ;'iio rlorfhoas-}- !I4 of Sac}'1on 1l, 'i'awnshlp S sou-l-h, rarico bl wesfi, ~'}~a ~ras'Y 1/2 ' and fiho sou•}'hoas'~ bl4 of Secfilon 12, To~~rnshl p 5 aoufh, r-anga Sf wgst, •YhQ nor~I'YzQa's-1- ll~a of 'i}7Q nor'Yho~a•1• ;l4 of Sec•t'1on l.3, 7a~~rnshl~ 5 sau_fn9 Yanc~a B} ti:as~•, and 'Yha nor~h~+e~s't- li ~ of •3'izo nar~'htirc~st 114 of •i'ha nary't'h~os•f l l4 of Sec-t•ion 1 8, T©~{nsh I p 5 Sal]'Ytj,, t~anga F30 wQst of -3-i~e b-fh principal merldlanp ~aglfl Coun-3•y, Colorado, and des~i^1bc~d asp Boc~innlnc~ ~-ir fih~a soufihaas-~'rorr~er- of ~atci Sec-flon 3; thenco ~1onc~ •t"r7e sou-t-tZ i ine o. said Sac-t'iort h1 S9°23':Si~" ~~1 3~7H, } 1 ' ~e©fi; '3'henr_c~ N G3`'03.°:l w" IM ~~SpQO ~`ec-Yl ~•fl;enca ~ 1701 ~?. r," I; 255,00 fee-}-i •'~;~anc3 Y~ aS~f)I p 2 ~" F: NSt~pQQ f^~fi; t;~ar•,cr~ '~I lay 1Q~ ia" ~~1 12G.G1 fc~a;; -t•her~co :1 !0~'39Y~:~" I~ ~:~O~.GC~ •Feo't-; •ii~snce S 6.7`20r~I~" ~' ' 3aa.o4 re~-f; ~-~•~arrca S Q3''20f 17=~ ~ ~t~C~.L30 f'u~•t•; fihe:~ce },i •F'~Ga~r24" ~~d . • ~1 4.~~ ~oe•t` 'i-t~ ~ h~~ s©e~; ;~ rb c~n~, ~o ~ -~~ay 1 i no cif i r,-i er~.-}'a•1-e 70; • _ . 7?~anca ~ ! anti S~ i d a~:t~•3.17 1 1 Ego oT~ •?'t's~ ~a 1 1 c~~r 1 rrg cati~:-s,is e S S}"59 s S2" Iz ~~- - • a6~~~.8C1 f~e•~~ a1 G~~`sQY~j~~ 32.9 •a•oo-; •t'c~ •i';~c= r~crir~~,-~~:a•f cArner o'r .• .- - ..~ Va 1 ! 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'• ~freafi ~~~ °:tza ncar~ i s~ ri g;~fi~a rte:-~=~,~ b 1 s~~ s~-~ 6 aj•i•o~~~'~a'i-e aC~ ~r~ d •r Ito ~ou•i'#~i~a°r~•r • mas~• i F~~~3 coo '~~~af F v'1 11ag~ ~'~~b-k~~ -~ i 11x~~. •+I~~r~ce ulots~ szlct co~zv,ar`~ 1?x~o ut~ z~Ma fr~l ;~;~3n~ cotsr~so~a S ~•;fz~ xq~~" it tI I .(1c~ fce~•t !~ Iib~'f i rESOf' . .' ~ ~ p5.~4 yefi~ ~ cx~r-•,~o •~a - ;~ ~"Tgh-}' Af. rri'ri cI-4 ~s~s ~ rani us yr ?. } ~'C~~C~C3 ~ - ~ea-i- •anr3 f nfier'1ar• ancOlr~ ca~~ ;'~i 1 ~2Q",, -fih~ Fior~r~. char~cl a3 ti~:hic}~ be~r:~ •~ S 7~QQc~4di" ~ `~74o.f:~-•~o~fi; •fhcr~co alcnc sabri nQr-~1'I-x r'Ig;~•Y~oyw~ay ••' 1 1 rro on a cur;:o - Yo ~-~o r•1 gh`Y ~~ l ch has ~ rid I us of 2 f 9C) .QU fae': - and i n-;~o;-1©r :::;r~c~ 1 a a-~ 1`'47' 41" A ~i'ha 1 one chnr°d ~s tah 1 c;}~ ~~Ea3-s 5 -~ - 7Q~'2.9~44" E 5~10~5 ~ee3-t°, Ci'lf~iE~~ S 55~f7F4f" ~ ~2ra7E1 -~cei~ •Y}zwr~ce Ci $9p5f34a$" .tr ~~~7,'~a f•oca-t• 't'o •ki~o aa~-;` 1 b rye of s~1 d S~c-t'} on 2.3 '.. - • . 't-hence aloF~~ srai d oa~~ 1 tn~ S Q°23.~t32" i=~ b3! I .~4 Fes-i- '~•o ;ire norfiYi~ ~ ' wes-t• cat~r~~~ of said Ssc-t•ion I2; ~heno~ ~ 4ong fihe nor~'h ! lr,e of ~~id Sec-i•ic~rs N 89°4~ pQ4y' ~ 1.~?.ao25 ~eo-t•; •;hri;~ce S Q°22p,~2" ~ b3:i4,~`-7; - - • es-i' rn ; h~ nq€° ~ h rT cii•t"-or--.~~y l l:ze t~~r l nfiars~`ata 7U; fit~er~ca a l arz~ - • ~salcl noryTz i 1rie S- :39°!5'~j" ~ ~95.~Q 1`ec~•i~; ~'}~enc4 N 89°56' 1 !" ~ . ~5~1.37 .fea=; ;hartca S fl~20~~74" E ~1a.23 fG~~}' •Yo fine r~orih rlgn•;`~ o-~-~.•tay i fna~ a~ 1:3-t'~~°sfia;•r~ ~0; ~r;~~ncc~ S Q~20Ft~4" ~.~ 5U~a83 fee; fio • -~ha Sautt~ r1;~i~'i~--o•f--~aa~j i S:y c; of Ir~f-crs`}'ufie i(3; fihence S Q°20'O4~" r~ 3lZ.f}C fea`t'; 't'hence 5 C39~524~>2" E 1329.04 z•as;; ihenGe~S C~°OatRQ°' ~ 1'325,15 3•e~+•}-; `t'hence i~t n9°5ST 13=' E I ai 5.1 I fQet; fihanc~ S Q~'00 ° OQ" 13211..05 -Fee-. try fiha nor-i'h~ras~' cor•:ter of a~Fc# 5ecfil4n 18; `i hence a l nng -k~hc~ nar-fh l i 7e ref said Sarf-I on l £t S ~39~53 T ~i" ET 247.70 + c~e•}•; thence S 25°0 } ~ 59" S~i 5S5 .3E~ Tae•?• to fiho t~es~' i i na a f . sa I d Se~-}• l o,~ i ~; -fhence ?~! JQ°a~3'4U" .1 7.~1C~ $ee;; ,tzence S D°QOrGO" 577.00 •Fee•}-; . fihenc4' }~1 90~Q0 ~ ~7fl" E ~ .OQ #eet ~'a -;-he oas•}~ 1 1 ~i e of sa 1 d 5ec'}' } an i 3; . -~henco .5 o~~~rao" t5i~;..81 foe'Yi -,fiance t•t E~Q4a342~1" 1•I 13C~6,U5 -ia~y; f•hanco I•t d°C?Q~OQ" 132?.aS feet -o -t•t,e ~4~-}'h ! fns of Bald SUG~'Ian' I~f •thenca 31ang said sou,h 31ng i': fl9°5a`2~" 'r1 I30~.~35 fea-I•; -Y~r3ncs , ' N OLyO~ t8" S'! 1;12.99 fc~a-1'd iher3ca Pd £~f~~57'C4" 1.1 1 123.90 ia~-~; •~}~~nce N S9`'~,9td9" :~t I5~.1 eH.l fe~fi -3-0 .•t'}~E3 W~35~' ! lne of saki Secl`'1(?n I ! ; fihencc~ alc~nr~ s~ i d ~~ns.' l 1:~e f.3 J~ 19'QO" E~! 1933. 12 leaf'; 'Yhenc.a 5 ~9°~U' 5~.'' ~~ G57..59 ; ©:~fi; ~'han~a ~~ .D~' } 9 eQ~rr 4.t ~~U .59 fie=ti-I-;• -i~h4r~c Pt ~}~"~;9'U~" 1'! ~-,5Z.59 ~OFI'i ~ ;hsnCO TJ fl`'Q2'~+C3" E 1.32U.76 f-.~e#' ~'o -3',~~ sata•;h 4lna v. Said Ser.~i'Z:~n 2~, •f'k~~nco alczt~c~ ,}=3fd sou•~h }}nr~ ;~i €3g~'3:~f4~ Yl 137.5.15 7`ee-}'; fihenco ~`! 89°~i3~45" i~ X092.5! toes` ~'o .•:`?~r~ -~~-«~ po}n-, off. buc;ls~nlt7y, <-~ 'rr-ac-i`• of {anci to}zlch cor}~'S~irts G53.-~GQ ~cr-a~p mare ar f J J • ~ a ~ ~ ' ` A 1 . t ' J To~~ly or vA~ir ST11TE O;~' COLORI~I)O PET1:'i'ICN T'Ol-t 11,NNE.~:AT~ON ELECTxON ~n accordance tvith Seclnion 1.39-?].-5 (2) , Colorado P.cvised Statutes, as amended, the undezsignad Petitioners hereby respectfully rcc~t~csl'. that the Town o£ Vail, Col.orada cer~.~erce procee:ciings for t~.he holding of an anr~nxaf:ion election to de-- terr~ine if the territory deacris~ed in Exhibit A,~which is attached hereto and incorporated by reference (the "Territory"}, shou3.d b4 annexed to the Town of Vail. The TUwaz Counci3, of Vail. enaclred ~eso~.ution No. 5 (Series of.1.97~} on Iebruary 1.9, 197, which found an annexation petition pertaining to the Territory to be in substantia? ca;apJ.iance t~rith the zequi.rempnt5 of Colorado Revised Statutes 1963,. 5ectior. 1.39-- ?~.--6 (1} and set a public hearing an the annexat~.on riattex fox April. 2, 1.9'74. The undersic~~?ed Petitit~ners desire that the annexation matter be determined by an an:~cxatiara el~ctiara, The undwrsi.gnod Petitioners are c~ual.ified electors, resident in and l.ando:vners of the `i'erri. tort' . Name of Petitioner Date Mailing Address Owned by Pnta.t~.anor ~'atia.cxa A. ft~.char_ds 3-19--74 k'.0. Bar 1908 Lot 9, Bi~harn Estates Vaz1, Goloraclo 81657 STATE OF COLORADO r~C'~ C ~ ,~ a A3 } S 5 . COUNTY OF ~.~ ) T.he foz'egoing Pe titian for and ackno~vleciyed before z:~e , a n~ on thet.~~(;'" day of. ~/l.cc~~-~ (Signature. of Petitioner'} Annexation Election was subscribed ataxy public, by~.:1.~:,n~ ~ ~%~~',~,~'..~ 397. -, My Notarial Corc~~ission expires: t"rEy C~mm~ss;Gn ~;Y;rs FC:,,;;~r~ ~r, ~`L93~ Witness rty hand and offa.cial seal.. . _ (~ ~ Notary i'ublic • ~ • e Torv~l or ~~,zL STATE 01.E COLOR.~,DO I'ETl`.['TON FoR ANr~LXATIQN ELLCTIO?I 7[z-- accordance with Section i39--21.-6 (2) , Co~.orado k~evis~d Statutes, as amand::d, the undersigrrec3 Petitioners hereby re ~pectfully request that tl~e Tawn olw Vail, Colaradc commence pr_QCeedings for the holda,ng o:l= an annexation electa~o{c to dc-- texrliz~e it the territory described in Exh:~.bit A•, which is attached hereto and incorporated by reference (the "Territory"), should be annexed to the Totian of Vail.. The Town Council of Vail enacted Reso3.ution No. ~ (Serzes o~ 197) on February ~.9, 197, which found an annexation p©tition pertaining to the Territory to be ~.n substantial compliance with the requirc_nents o~ Colorado Revised Statutes 1963, Section 139- 2'!-6 (1) and set a public ~hnara.ng on the annexation matter for April 2, 197. The undersigned Petitioners desare that the annexation matter bn determined by an annexation electa.on. The undersigned Petitioners are guali~ied electors, residenf. in and landowner , o~ the Tez;z^itory . Name of Petitioncx Date P~aa.ling Address Own:~d by Petitioner BarUara Rowe' 1'.p. Tiox 32 Tra ~f trdr~ 12; „i, „,-Zt.-~-C•~--~:-~C2 'VR 1 ~_,~Q~Q,Y a ri n ~2,] ~] J sT.~°x'~ o~: coLO~~aDO ) S5. / GOU~ITX OF EAGLE ) ~~~,~ ,f ~~ ~ ,~Al~. _ _ _ . (Signature a~' ~etS.t~.ai7er) The ~aregoa.ng Petition ~oz: Annexata.on Electa,on was subscribed and acknowledged be~ore me, a not ary public, by ~%~~L'~a.E,~ ~~~,..~~~ on the ao.~ da.y of `~'? a~.~..: x.9.7 ~ . MyNotarial Commission expires : `f72a.r~r.~,.. J~, ~~ 7.lf ~~itness zny hand and of~ica.al seal. • Notary Public ~: i ` _ ' , • .• ~ ~f - i . • w...... ..ra 9 ~ ~ ~ , A ~rar~cai of l~r~d lytrtig in fit~~ svv~4~h t/7 o.f Seac~'#on 2., '~vwr~shi~ 5 - . sau-#-)7, r-~t~cia a# uQS•;-, '!-ha sot.r-t-h if2 of •rha snu~#-h if2 0~ 5pcflan 3, • '7o+~r~~:~~31~ 5 r9iau•#-h„ r an~~ Si c~ras~#•,, •t'ha t~as•'r !f2 of ~'FrQ nor-fhaas~- - t J~`. a~ S~c-t•i ot~ ! i , `f o~~ar~sYii p 5 sov~ty, ~°aneita B i ;crest, •Fl~r~ ~~asf' 1I~ and •i•!~a sau•~ hc~~s-; i f~ of S~cti tin i 2, Ta~~r~shi {~ 5 sau ~ ti, rangy 83 wc~s•t', ~-hr~ nortnaas~- #l~i• a~ •t'ha a~sar'~hca~,•i• ifs of >eG'i'ian tom, Taxn;:#ziQ ~ sara•rhy t-ar7c~a 81 ~~es-r, end •~#-ra nvr•~t,~~ra_,•i' 3I~ or -~izo norfi#~~rc~s-r . i I~ ax he nark#}~~es~• t l4 o f 5~:c~-i on ! ~, `i`vti~nsh # p r satr•i•h,, ran~© f~q w©st a-f •rhr~ ~G•#'h ~t-irtci~ai nerldIan, i~agie Coun-;y, 'Co#ot~~do, ar~d descr b hQd asp i3©r i nn i ng ~'i •1'nr~ sou•thaas~' 'cvr-r1 :r- of ~a # c# Seafii on :~; 'rhenca a! ong •t~hv so.t-rh ! i ne of s~ i d SocfF an FJ S~ °2~r ~~" ti~# ~G70, ! 7 fear; ~-hanca ?d t3:~UQ3 a7~,'~ ~ u~apQq -~e.~'~; •~'h~nca ?~ €7~g111~i" ~ 7_aa.Oq tec~; ; ~-Yh~ncc~ Irk aE3~~ i s Z~" is .a~fl.Uf} •~^~st; f'rrsr~c:~ PJ ! 5~ i 0 t 43" ~r - t 25.t i ~'aa-i•; •i'Pi rrrca N 7q~ 3g ; L~:3" i~ Z~~~ F q0 •fa~~•t •~~~en^a S 67 ~'2U t ~# ~" b ~OQ.OC~ fual'e ••3•r:vt7c:.~ S n~''Zgp i7" ~ 3gt~.Q(3 e•~;s'Y; -#~henCe #~ •~`'~"8sr9sE ~'~ - - .~! ~ p~.~ fc~o; i-r~ e h:~ ~©u•#°it ri t~h-#•~ai --t~ ~~~ ! F s:e t~Y # n~'ersfa•re 70r - .. • ~'hc~nca ~lrrne~ .s~3d >oed•s•~ r tt;c3 ar~~ °3~s r~ai lo;~it~g ce:t;rs~sa S ~9"~~~~~" ~-•-'.. . fi6~o$0 '~c~:~a-r,~ #'i t'a~'`,tq'~dY' ~~.9~ a~;c~`!' •!'c~ `i'F:~ norit~~-r~~~' ~:r~~'Fiar' o'r _•_ - • • Vai•3 !l i I $7r~ c tr>~~n-`r~ i=t 3 in~g •i•~anc:s- al~~~~ ~t~~ ~,~sfiat~r~r~~as•r # i ita ~•_ - . - of sale 5ta~di~~; ~i~an c~t~ -i-r~ ~~~io:~irr~ vc~~r7s~~F S s3~q~4~I" k ,~,y7,F~? _' ',~es-3•; $ JC~~~~~ !.~'~ ~~ i J4o7 7 ~t~9•~•; .a .-ai~~'~~ f i ~'~ }~ ~Z o~7 r~~•[`; i -l~nc~ •• - . ~tan~ -I•~~~a saLt•i~~~~s~rt~t~s•~ 8g,~~ t`a~~ s~~d Su~vi~3~ican or ~'hs fo#iu4~ing _ .~ .•"• aaur~~s~ S ~~~`~1~a~~rr ~ ~~~a~~ ~•oo•Ya S ~~.~:~~~C7q'' ~ ~2~ECJ0 ~•.~faa•i'; :- . i,~p8q~-a°~~i~~q't• ~ ~~~.Q~} fv~'~R i~~ ~r~~~~3'i~q" ~'z t8U.pq f~eai'; N v°`~:~f~s~C~" ~.-, ..,' pp't{tfQ~nfl~/~3°v'.~•'y" ri ~~gqrt;e~nnil`nn~9{!q'' s ~~rr.`~'.y~~ap~'i+3';Fq.`.~'`'f ep'c~,,~±~3~'~.~~I~RS¢ ~ ~.~:4~•q0 fa}~'{~t . !'i ~~Q..1VpW4+'1 G.. ~~Uo`~4~ ~t~~l~° 1~ idP~~~~i~" ~ 4lZa~~ C~6•~" (C1 •F~)~ 3a~-~4~. •. . ' ~-Igi~°t•--c•~~.~~~y I E:at~ o•~ ~n•~'~t"=~"s`~=~~ off}; '~t3c.n~~ N i~ASz€ IS" ~ ~~37.~~ ~ . `- ~fae•~ ': a •rhe caor° b a•t r°3 ~t•~ ~-~o•r-~.~~;~ i r :~a €~f 6 a,~•b a~~=fi~U~v ~~? ~~t~ d •~ ha aou•YY~~~r°n~ - mas} • Ilna of ~~a ~ °J: 3 i~g~ ~wa9f•r~`~ %: # i~.r,Fb °i;~~/rvo aior~g s~ici c:om~-~c~r~ - Inns are ~`i,~ °~•ai Io°~xBr~ cc~p.~t•-w~~a S 7`~~~p.~fn ~' c3f # A0~ fsAfi; .!~ SCn~I t~gir . E b~5.~~=~ fe~+•#•~ ~ car~f~ 'i`a -ripe sr~~tt•r o x t<~SZI ct€ ~i~:~ ~, r•~d i ~~ c~ i ? 1 ~-C~ E~~ - ~, ~og•r •~nri i.z-<a~•ic~r- ar3~9a ar ~~I i gZq",, °fi~s~ iar~g chc~r•c~ a•~ wiif~ch ~:ear~ ' S •7a°0r,p i Jp' .~ Z~~p~~J •fv~-F'; •ri~~nca a#ong ~~~3d t-TC~r•#~h r#c~#~-~--~r~f~4fay -•' 1 Ire ate a ctar•~a •fio ~'~~~ ~'i'~#~-; which his ~ r~di u:~ of ~# ~'q.p0 f~:a•i and Tn~,~B°ia~ c~r~c~ly of i`~47r~•7"$ ~ha ian~ chard raf which ~ear°s S :" , • ~D°?q?~~" is C~t34~o -~es•,; -rhenc:~ 5 .`a~~`!`~''v6" ~ ~~~~o7G~ fee•#'f •#•l~~:ncs _ PI €~~~','~i3~~n" ~ 7ZZ7 0~~ -~a~'r fia •r?~r~ aas I i ne of ~s~i ri Sec-ri ors 2.t _ - ~•t~anca ai ane~ ~3 e d ~as-r i i no ~1~'2~ sp~:r F} I3 f # .~~~ fear •#'© ; ha nc~r°•~ h~ ~ ,' . ' was ~ cornea o•F ~a? d 5oc-#°i ©ts IZ;~-henc~. ~ t c~n~ -rho t}o>"th !ins o r ~ ! d - . Jsc~-ian ri ~3~~~'~v ~q~" ~ p~2~sZ~ fast-; -rhr;nc~ :~ t3°~:~;32" ~' g6~p~f~ - _ ~ _ fea-; -~a fi~ra nar~-i'h ~-i ghfi~cafb~~y I i r;e of i s~~-er•s•rafie 7Q; `rhRnep ~~! ang ~ _ - sa3 c3 ncil~-(•h ! ins S~ 3~°i~rat" ~ X95.60 •Fes-r; •r;~vncs r1 8~°50' # #" ~ . :95t~,37 fe~-;; ;hand S O42q?~?~b" ~ Sl:3.Z~ fact -+a '#'Ft~ na; ~•h rl~h;-- . o,~.,~ray i i na• o-~ i tx ~ ora•ra-t•o 7Q; •!•hvnca S ~~?a't?~." ~,. SDI. S3 $eai' is - ~-ht; S4ufirr ~^ic~h~; --n-F-gray 1 i ne of t r~~'ar°sfia~-a 7a; ~-;~Fnca S U°~€3' 0~" ~ ~iZ.OC •fea•i-; 'r#7ence S S9°:a'~t~Z" ~ i.~29.D4 fiee•t'p ihenGa.S OUO.~'00" S I aZS, ti5 feQ~•; ; h~nca ~! S~°55' i ~" ~ i 5 i6. i i tse-~ ; - hence S Q°aQ ~ Qp" t32~.85 fz3e-r fiQ •rha nor~'h~•ras~' carn~r a~ said Sec;ian i8; th'/ncs aiong '!-hc~ nor;'~t ! ir~a of said SaC-rion i8 S 89~a3t2~~" i! 27,70 f~~t; fitiunc~ S 25°C) # ° 59" ~~ 5c~5 .a0 ~os`#• to -i~hs tYesfi ! i na a~ . 5a t d Sacfi 1 can ! $; rhencQ i~ 90°d0 s C70" ;'t 7.t]C~ : ev•i•; •s i~er~ca S 0°0C~ 4 C0" 17?,Q0 fae~-; . •~her3Ca i~t 90°00' OQ91 Tti 7.030 -k ea-r r•o f•ns ~as•t # # ne of said Sact10~ ! ~, - tkrer~ca S U°dCTQC~" 0l~.Si faa•!'; •rhanca f•i 8°°5arr~" i'l i~~06.&5 "~~~"r; tt~enctr !"! 0"OrJt(~0" l3Z2.5S fsos •#'a °rh~s south ! #na of said 5~a•3•jc~~~' #~; `r•t~er~ca alr~ng saFd saui•h `i Fno tv 89°5~t2~" Li #~06.f35 fes-t•; •rl~©ncG . N gG~'r~f # ~3" 4'~ # .~ i 2 .99 foot; ii~¢nca i~ f'~" ~7'0a" !•! i i 23.90 ~~~~~ ; ~`hPI~GCi N ~9`'~tg7U~" :1 i5~`r•! p~35 fe~-t• •rv •rhe traa-~ i E~n>-s of said Sec-~tar~ # 1; •Yhenc~ ~ion0 said t•ras'~' ilns Ca 0°#9°tlQ" ~~? i9f33,l2 fac~~•; thenc.~ S 29°:~0'S~'." 1~! &t7Z..59 fia~,t-; -#•;~~nca N 0~F9P(]4" 4•f S~O.a9 -aa~';• •I'h:artc:~ N £i9"/~~'fi~" YI 6t~"1...;i9 fofli'; •ahencQ #~~ C7~q?44q" ~ is?_0.76 ~~a~' 3•a -i•~~ toutt~ 3 ! -zo cif S~3 i d sar.~' i arz 2; -nc~~ncn a # nnc; <<<3 i d saG-tf~ i i n:x N t3`~"5? r ~2 S~? 3S25.Z.`S faa•t'; -rharrcv ~a ~9°h3t~la" i~ 269.5! ~a.~'r ~'o ft~a ~`ruc~ ~oifZi of bac~innin~~ ~`~ 'i'rac~° o~ land t;~hich confzaFrrs £5:s.~f~4 ~cr~~,. morQ ar ~ J J J • ~' ~ ~ ~ •~ ~- ~ ~Yf•! f 131 T ~ ' ~-. ' ~ M A parcoi ai i~nd lying In -1•tl~ ~;ou•1-~ 1!7 of Sacfian ~., Ta~~r1sl~Tp 5 sou•'r-tt, r<~r~gc~ f31 t~r~s•!•p •i-ho ~at,'~ h i /2 of •fho sau-l~h i I~ of Soc-Yi on 3, - 'To~azZShip 5 ~houtr2, t-anac~ ~l tires~'r -!-he aas•t• l/2 of ~hc~ rtor-thtsas-~ 114 of Snc-1• I are ! # , Tawas :hip 5 sc~ts~•h , r-~nge ~3 t wesfir '~hca ~r4s•#' i /?_ and -~>7o souinc~~a:~-~ I /~~ o f Sec-t~i can I2, To~~: rash I p a sou•~h, r-anya 8l was-Y, •I-hc~ nor~'heas~r I!~ of •rho ~ror~'het~s•~• IIA of Sec-Ylan I3, '3-a~r~hlp ~ sai! i h, t'unr~c~ ~ l ;~QS•i-p aric4 'tho r~~at"i'ht~e3•~ i /4 o`r ~ l7a nar'~ h~rt4s ~ _ 11~ a•i •, he nat'~I~~was-l- i /h of 5~:c .-Ion f fl, ~'ounsli i p 5 sau•tfa r, t-anr~a 8~ wc~s-~ of -rhQ 6-i-h y~t-lricipal rrzot-id17n, ~agln Cour~-~y,. Colorado, and descr-i laed as. E3agi ttrri ng at •th~:a southpas~r 'cor-r~or- Qf jai d Sect! pii ~: 1•henca along ;hc~ so.,-I-h line ar said Soc~lan -! fs9°23t3S" 1'1 :~67~.17 fet~-r; ~'hanco F~ t~~`'OI F:._'.4" ~ f;C~a.00 fea-~; ~$hanca 1'! 17~4f ~ l11" i; 2a5.G0 reo•I-; ~hent;a N 58°J l ~ 2~" ~ 3~flpt70 fc~~c; n ~'1•aorace N l5c f 04 l:3'' S~r 12G .4 l foa-~ ; ~•h~r~co ~ ~fl°:~9 ~ ~a" ~ 2~C1. GCS •fee ~ ;. •} i}ence S c~.7 ~0' .f 7++ ~ ~4C].CQ r~o~r; •'3~;~arrca S ~~"20° l?+3 lb ~~{,~.~}G ic.st; •l~her~cG 1~I •~~`~St79" ~1 • ~I ~>.~.5 •rae-: ~•o •~'h~~ so€~; ~r ri ;~t~-, ~o f~~r~y t i ~ e of I n~~ ers•~~7a 7~ j - :_ -I•n~nco a t ang :~~I d acata•t~h I i ri:-t rarE •fi°l~o ~nl i ~s;~+i rig ac~,rs~~ : 5 89"a~ s ~2'f ~ ~.. ~ . . Ei6S.i3o •r~:~`~A ~ Ca5~1fl~"~;" ~: ~~.9~ ~ao-~ •ra •;h~ rtar~f~t~tas;- rcar-r;~rT ar - Vai l VII 1 Aga r i ~~r~r:-h~t ri R I nr#; ~-;~~:3nca' ralong `1'ha tr~.:r•ferrir;~as-I' f i ire ~.- .. o~ saki Sith~I~slsYon ors •a''ri~+ ~ollca~~in~ ~cltx~~a~F `' Q~4~r57" ~~~ ~i.22 ~- ' fQe~'; 5 ~~~r~~~~ I ~t9 ~•D 1~~. ~3 ~~;~ ~°„ S aG~ ~l, e 1 ~pz, ~9 12.77 fo~:•i~; ~'henc~ - alon~ 3'h;~ soci•~~~r;irner~-S BIn~ ~•~ s~3?d St~~.~~i ~~ision orr •~#~e rat ta~~rir~c~ .- - coursas; ~ G~~'~~g44'r ~ 5a~e7~ ~ao'~'; ~ ~r~~~:~~'flQ" ~: ~FQ~ ~_:~ca•~, •__ N 45~'~~=©fl"~ ~ a~~?.~JI} ~~E3'f'R ~ ~4~'~~sdC~tQ ~L iF3Q.Q(} i'e~•i'; 1'•l $3~'S~3F:~G+` ~; ". ~i~.d~J ~C1e#sF'q `a~ tr'~}"'~l~'a~l~'p rt"". c~~o~~•iw~::'`'{t ~ c~r€i~J9l`~~.1€ ~ ~~~.~~ f~~'~'~ - I~# 33~'3~~U(~" ~ ~~U.isO `~a~'~; ~,# 1~~5£~$YI3" ~ 6`~ab7 `roe•'r io '!'1'~t: sau~•h ~ ' rF~h•3•~ai~w~~,~ ~'br=~ of Ira~ot°~~:~•-~ ~Qa •~t~rra~~ Y~ E4~5~r l~" i= 337.~;~ a o'; •~• n a h ~ : a ti t° h ~• I ~; ~r -l•--~ o -~ ~ tit :~ ;~ 1 t r~ a ~? f i r~ ~ e ~~ K •~ a -l- a E p ~ sa d •i }t ~ ~ a v -k° 1 ~ ~v r~ r~ ~- mQa~'• # irtc~ a~ `alai i VI 9 gG~c~~o T~ysl~-I'h ~I I ir~gF 'i-15~ric;e Tong s~ Id aam:;lGr~ 11 ne dra b :~~ •~ o a I a~,~ i ng ~a~~s~~~o S ~$ ~~`~ ~,~ ~ ~~ ;: 1< ~ E f R flS ; e~•#°a , f•2 E~~s~~: 1 r rq's . i= ;:~~}:~.~~ 'rec~•i-; G c~:~°~a -I°a ~::~ r~gh•;• rx er Fcli ia:t ~-: r-~~itj~ of ?lr'Q~(}C} ~~ - xea•~ .~t•id Ira~e~•:o>~ ~ngYo cad 7~l S ~:?0"F •~°l~.r iar~~ eh©rd a~ . ~rh1~~h law~~rs ' S-75bQ~pli" ~ ~7~'.F~9 •~~;~-s; 's.3~r~c:~ alcrrc~ said taa€->r_h r~1c~,h~~or~t•ray -•' I 1 3 nn on a c~rr~o '•i-o ~~~a x•i ~!;-i t~i~ i ch fY~s ~ r-~cl; trt~. of- 2l ~'G.OQ faa•1~ . and In~;~r*ir~t~° ~ngla o-,'- 1~47'~r"1"a ;?t ca Id~c; chor~cl cax ~a~rich ha~r~ S _ . 7{~a29~4~." 1W ~8obo -;oc~•lw; -~•yorrc~ S 5~f'1 ~FQ~" ~ ~s~5a7Q fewif 'l•hc~nce l`1 ~9°58P:~£3" .~°, 2~?7«`~~ zo~-l• so -i•t~,~ raa } ~` I i rr~ ~•i~ sal d Seofif an ?.; .. ~f7anca a t crrr~ ~a 3 d oa~-~ l i r~~ S 1/~25 ~ Q~" ~~ 13 l I .4~,. fee•1' `~Q •I'ha ar~;~-~h~ • ~ . wes•; corn~r• o ~ s~S d Sac-; i an i ~s ~ heat~~ ~ i or~g •i•he t`it~r•'!'h l I na o~• ~a l c~ Sac•3'iarr ICI S~°4~ r0~" i" i3'?5.25 ;wei; -~h~~c~ S O~~~r,'.s~" ~ F35~P47 ~ ~ _ fa~~' 'ro ~~a nar'j h r-i ~h ~-ca •f_,~~~ € i nn. o+ 1 ntera•i'a-~v 7Q; fi~pr~~o a l ring ~ . s~i d nor-l"i~ l 1 na S 3Q~' I ~i ~5i" ~ 595.ta0 f•ea-l-; ThenC~ ~i 84°50' } l +~ 95fl.37 i{:'a-r; -~henCn- 5 ~){•~(3rt7~'' ~ 51.s«~3 foe-1- ~a Ylts nor•+11 r'igh~=-~ a•;--way iIi'te o~- In-k'prs,~~a 7U; :henc~+ 5 ~~'20rQ4" ~- .5'Q~.~33 fee; io . -l•he Satr-!'h rIg17 --a-r~way l Ire o-i' t nter°s-3'a Ee 7q; `~a~ence S G~2Q+04" ~ 12.OC •fea; ; •~ henco S 89~5:~'4~r' lr .329.00 fee-Yt i har?c:~ S {}~ fl3 s OJ" i~~5.•4:~ fee~•; -; h 5ncn ;`l £i9°5o' I ~" E I ~' ~ « 1 l fog ~'; -~hortce S 0='Op + p0" l~20..8~ raa~, ',o -~Faa nnrth~:~es a cor'r3ar~ e~f saki Sectlorr 19; ~Iaen~a along ~I~a ,-rot-~',~ Ilnc~ of said Sec~ican i8 S 89`"5:~t~~r`r l~ .2Er7.7(3 f=~Q•I•; ~'horrca S 2anQtYa9" ~ 5~a.aa ~rna•fi ;n 'I'hes S,resi llne o•f saki Sec-~1ora 1~3; ther~cw ~# 90°(J~t?C70" !~1 7.Uf~ iea-i•; -i-harZCe ~ 0"QQ4GQ" I77.00 •Ie~-1-; •~I:enca •N ~o`~oa=ao" >w 7.00 f'Lo; •~o 'rho aas-1• l I rio of saI c! Sec~'I an ~ 3; . •ttrenca 5 C}~G~ t 04" ~ 1 ~ aS i Sao ~ a tt~erica r•i S9a5=~ r 2~" 1•f 1305 . a.5 f ~ ~fi; •~horaco #•! 0°QJ`00" 1322.~~3 roa-i `ia •'rh~ ~au•3'h 1 1 n~ o'r sa 1 d S~c~-1 on• f ~r fil~enca a#c~nr~ said sau-tta line 1`! 89°5.5E2~4°i ~~ 1305.F35 ~eQ•~; ~'hance , ;•1 p~~1F3' I a" 1'l l :~ # 2.04 ~a~ ~ e 's'herrco N F=~° ?7' C~0" 4'! 1 1 Z3.0Q fee-; ~har~r.4 N t39°~19'OJ" :~I 1 X4,1 .~;'~ teQ~ ->"o •i-he wrs,~#• l i~ne of said Sec-f Iar~ I i ; -thence a ! on~c ;~ i ~ wns ~ ! 1 ns .V t3" 1 ~ 900" L'1 1983. 12 Ease-!'; r har~c.a S f39°50~5r>,r ~~? 5E2.St~ ~~~ta~•; •~he=ZC® I~ 0°t9'0~`r #4 f~50.59 ~`ca•1';• fit~nnr:~ ~! 8~"~19 f0~" ~~1 rio2.59 -feet; rl~er~cc~ I'J U~'0?_°~.~" ~ l a2C3.75 f•ct~•~ •i'o -rya; SO+a-i-h i ; nfl o~F• Sz11 d S~;-~c:-t Ic+n 2; ;hanco ~a t c~!~c~ ~,~s f c3 sara•th l 1 ne ;~I ~3~~~'S'+~`2. S~l 13?_5.25 foo-f, fiYrc~nr.~r iI 09°r-3'45" i~# ;~G~~z.yl fuo-~` ~-o •~t~c~ •~~-t~a polr='~ a4 t` bnc~lr~trlrr;rp a ~'r'ar~ of land ~~hlc:~ ccsn~'~ln G>~.~~,~ ~~r-air t~3or~~ or' f ~ a J • . ~ . t° • '~ • TOI~V OF V111L STATE OF COLORI~DO P~~`I.'7T10i~1 FOR 11N~]EX11Tl0i~I ELECTION Yn accordance with Section x.39-~?l~-6 (2) , Colorado ~euisod Statutes, as amended, the t~zzdcrsigned Petitioners l~c:reby re ~p::ctfully request that the Tot~rn oZ Va~.l, Colorado cor:~.~encc~ px'aceedizig5 far tl~e holai.ng of an aa~nexation election. to de~- texz;tine if the territory described in Ex"rzs.bit i~, which ~.s , attac:zvd l~zerck.o an~i incorporated by reference (the "Territory"} , shaula be annexed to the Town of Vaa.1, The To~an Council of Vail enacted R4soluta.on Na. 5 (Series of 19 74 } on. ~~ ebruary 19 , 197 ~ , wi~ich found an anne:~ation, petition portai7ing to the Territory to be a.n substantial co.:~pliance ~aif~h the requiremonta of Colorado ~:evised Statutes 1963, Section 139- 2:L~6 (1} and sot a pubta_c hearing on tale annexation znattex for ~1.pr.i1 2, 197n, Tho undersigned Petitioners desire that the annc:rata.on r,tatter be detex';~ined by an ar.~nexat~.on election, 't'he under5ianed netitioners are qualified eJ.ectors, resident a.n and landowners oz the Territory. Name of Petitioner Date Pfiailing I~ddress Oz~~xzed by Petitioner Gordon Rotae P.Q. fox 32 Tract "A" Iii~haxn menace Vail, Ca~.orada 8I657 T STA.Ti~ OF COI,O~.~.DO ) } ss. . COUNTY OF .Et3GLL } ~-c ~~ ~ ~ ~~ ~~9 (Signature of P etitioner) -- - . The foregoing- Petitz.on nor Anne:~ation El ection was subscribed and ackna~~rledged be fore nze, a notary public. by ~~~~.n, (~' fl~~~-tcc-c~ an the ~~.;~~,, day of '3'y~ plvc-.~u r 197 ~iy Notarial Coz~m3.ssion expires: 77?~-~ ~'G, /~7,~-- Z~Iitness my hand and officia3. ~ea1, ~ Y ~~ ~~L!-t~ Notary"'11/ Public 9 • , .._ • ~ j I~ ' ' . s i i ~ ' ~ ~ ~ i ~ uy ~ ~Xlli ~~~ ~ " ~-~ClIL DESCE21 P710~d . 4_ ,~ ~~ ~~~rcel a# iartd iyi3lcl in rt'ha sou~'h t~2. of S4G;•Ior. Z., Tv~rc~sl~Ip 5 • sau~h, ran~o 13 i 4ar3J•; , •rha soit'rn i I2 of -1-Ita sou't'h f r`2 of SaC~'l on 3, Township 5 :-,I~au-l;'tt, rar~no al ~~res''rD '!'he nas•~ i,~2 of ;he northeas-~ ! /~t oi` Sac•1-i on ! i , 'i'a~~tt~slt i p 5 sautE?., rarZgo 8i• weer ~°, filia ,,,Q s~ 1/2 at~d ~`1-tc~ sou'1-haas-1' b~~ of Sec~'ion i2~ 7o~,~nshlp 5 sau-t-tt, ranger vi wesfi, -~hc~ tlor'1-he~s'r` i"I~ of -1lta t~ortha:.~s-1° i~~~ of ae:wtir~n I3; 7a~~+nship 5 sou't'1~9 ~-anga £~i ~~a5•i-A and 't't3ti t~ar~I'hti~e~s'€• !I~ Uf ihs nor•~h~es~' i ~~', a't: i 11e ncr'r1•i4rc~s•~- i ~~ of Sec-~I ort i E}, "1'oz~nsh I p ~ ~au-'rh, range 80 wds-i• of 'i'ho E3•E'1~ ~rtrrc'tpai rterldlanm Eagls Caurt-~yp Colarados and . c3esct-it~ecl asc i_le~gpr~ni~tc} a-1• ~-ha sou~-heas~- ~~.at-ner of ~a1c1 Sec`~lan ~; ~Itenca a i ong +;t9 sot,-1'h I I na rf sa 3 c3 Satr`1°I on f~i n9~2a' :~8" S°I 3b7f3. 1 7 ` °fCA-3•; itlOrlce3 PY G3"OI ~.`~'~•" ~ {',~~~i,QO 'f~t,`t'; •,henca i'•4 C7`'Q1 = 1~r" 1; ?_5.00 f@a•}'; fih4ncc~ ~ aar~ 1' ~~" ~ 3SQ.g0 icrc~-- A ~her•rcU N 1 }~ l Q? I."~'' 1~E i 2 £i . ~ i f ti ~a •, ; ~' h ~ M C c~ 1`S "l ~3 `' a 9 ~ ~~r 3 " ~ 2''i ~l . ~.- 0 •f e a't' , '~ !•t e ,'t ~ F3 S b 7 ''2 0 f 1.7 E ~ ~ a0C}.(3Q -~ea•1•s ••i"-~~rtco ~ ~a`'2Q~ Ii" is ~gfi~.OQ '~c:e•Y; •1`~te~tce I~..p~~~r?_9" r~ ' G14.~a •fao-'r `~~ b~'17•~ r~u;-h r3 c~h-~~o~•-:•~ay S Y na €~~` . i n -ers~'ate 7qr - .. 7i~artc~a ~aiat~g s~Ic3 ~~t~,-'h 6I}~o Q~ °I'ha ~~a31a•~Ii~g cc~~;rsc~~a S ~39"SJs~~" ~~••~-• 85+3.~Q ¢e.~~°a ~# ~:=~~iti~~~3" .b ~~~og~ •i-ae•~ -1'c~ °I'~'~e Herr;i~:•raa•1' cat°~er~ or ,. .~. ~- • Va Y t V e I ! ag;:fi n : ~~:~~t~i~ ~i 13 ttg; -a i343rro~ ~ a I as~g :•ho :-:ea•I°o~~r~r~as•e` P i ite _- a•F •saitl S~tl~tl~~isf©rr e~~ •~cte~ -faYic~.rtirt~ c~oc=<°f~~sF S ~~'Q~t~~" ~ 2.7.7 .' • - •. ~ea•r; S ~~~=day 33'~ ~~ ~g~Sp~3 d'~~~~'8 " 5~r•'~~}i~k" ~~ ~~.`~? ftre•fi; thuncs - - ~3anq •1-i~~r ~~~u•I~~~;~~^r~r~~;~~ ~Yt~s~ ~~ ~~Td S~~d; f~F Ion or, •~r~te rt~l Iot~Inc~ ~ ~ _- course~y S ~a~~'~~E~F~I~s' f~ aC~~tl1w ~e~'r„ S ~i~~~:~~F~~O'' ~ ~?56©C3 •-~ea-r'; ;. N ~S~~iFC1Q"~ ~ ~«~y'•~.Q~~? re~i~~°; ~~+i,~n"~~y£i'~3C~'i~~.; {i~8C~>(~fJn'ee•i;~j~lry~&~S}`~~t~'3Gi' ~. .' 4t©.0~ ~rG~'fi'; I`~ B~J~~~~tJg~~J'i &~`. ~wiso4JbS ~~~.•''~'s a ~ t7r~~i`f~Fa'! E" I~VoU~ f~.C~'1'~; N a3g:~L~QQfl" ~ ~~floOC s°e~a~°a ICE €~~~b~In" ~ ~~oc~7 ~~a•€' •ir~ •i~i'~p sac~'~3~ _' r-Y~h'r'~~1c-~~ray i'Y;-t~ ~~ It~•3"~~t~~3a-:~ ~€}~ •~I;c~r~~~ 1'~ 1~~5~sf 18" ~ ~37.~~ -~eo; -fit:a •a•he~ ~so~°~°~ r~ts•~-~a;-~~~~~y Ylrto €~~ in~~r~•i-~~•~•~; 7(3 ~~r~~t •~he sa~-I`Ys~er°n~- mas•1' • i I n~~ e~7 `•,~ag Y ~~ 3 b r G~g~ "i°:~~i f ~ 1•a ~ is f Y t:~;a °~haE~c~ a1 ar~g ~~ I d CQr}r,~~~ • 1 i;zn o~F •~5a •fai Ia~~Yng c~~st~:.~w~o ~ ~~`~a g~5" ~ ~i 1 a0II f•~:a;; t•1 Sb~'~ 1'~~t' . ~ ~ `fi ~ . ~ ~ 7 ~ ~'"c , ~3 c 13 ~" V ~1 ~,'~ i i3 ~ ~" i c~ ~`I'i E~ `s' ~t; s s ~ i E'i u ~ ~ i u C~ ~ t~ ~ ~ ~ `~. 1 ~3 ~' , ~ (1 - - -fee`1- .anr3 t ~t°t•et-Ic~r° ang$ a cis ~~e € ESQ"~ .t ~~~ Ior,g a?cord c~'r wh 3~ch bearer 5 7~~'Qc"~' i I" 1w ~~'~~ d5~ " •a;.a~'; 61ao:~~.e a i oitc~ ,a I d ~~or•1';z tt # gh•~--pfy~ray ..- i Yrte nrt ~ cur~r~ ••1•a •~•~:o ~ I gIt-~ ~,~li 3 ch f•tas ;~ r'a~i ~ us. Qf ~ i 917.04 fiee•r - at~~t 3 t-t r~~i or ~~t~ 1 ~ a~ i~'47 W ~7" a ~h~ I~t~~ chord €~; wh 3 ch burs ~ - ~. _ . • ~U°2~'~~r" E~ ~B~Gb Fua ~ ,; f°i~ettoc~ S 56'1 ~¢ Q~" ~ ~~> d?Q ree E j •Yht ~~ca PI 59~53'3II" I* ~~°?7 a~~ ~o~-~ ~-;~ -, ire ~as-r" 1 i ~e c~•~ sat d Sac-s'! an 2.; ~ ". . fihunca ~j 1 ong ~a ~ c~ aa~~° i I ne S 4°25' Q2" I: 13 i 1 . era •~ee; fia -1-h~ ec~r t~t-~ ~ ,~ . ~es~r co;•rie~ a~ said SQe,-~I o;t Y r s-I•hantre a i ortg ~I'he ~:a+- ~ lZ ! 1 rra o~ ~a 1 d ' Sac~`•°s on 1`! ~3J°~,~'O~g' ~ 1325.25 i-cefi; -E`h:~~ca S 0°2'~':~~" Ir ~3a~~~~ - _ ~a~; -.-a `~ha rtor~-h rI gh ~'-o-; TMr~ay i I rte a-E` ; n~'~r=~'~3~'e ?Qt fi;~ertc:a a i ona :aid rtorfih iirts S' 39"35xa~" ~ :~95p5Q 'Foe-; ;henr_~ N IIS°5b'fE" ~ . :5x0.37 #ea-E-; ~t•hance S 0~?Optl~" ~ 513.23 Tae ~'a Ana t~ar'h rlglt,-~ ti; ~t~ay i t tte a•f i tz ~ ars-;•'•u ~ ~ 7Q; 'ihenco S Op~C1$C~~" ~• 50.83 feed •1•a `3'he 5ottfih ri gt,-i•-of~-,day i ; ne o ~ 1 rti-ers ~-~~`e '7Q; ~ hence S 0°2~' 04" S 3I2.OQ 'fee•1'; Y;tonce S 3g°52'>~" rw i:~29.g0 7•ea•1•j •~henGn ~S fl403'{3Q" ~ I32a.=+5 •raa'1-; '~,'~dnca ~1 139°5i~' I3" ~ 1~3f.1 1 feed; •fE~ance S D°OOt4~'f 132(3..85 ~eti~r io -#•,'~e star-r"h~iesfi c~rr~er of Bald Sec; iQn i 8; •fhertce alonr~ •1'hd nar~':t I3rta o-f said Sactiort 18 S 89°53s2~~" t~ 2~7.7Q fee~•, fih enco S 25°[} 1 s 59" ~~1 585.35 f~e`f ~o -~ E•te t~PS E 1 1 ne Qf . sa 1 d 5ac-i• 1 an f £s; 'rhenco td ~Oa00'00" 1.1 7.C1L~ -E'ea;; -~henca 5 OgQQsQ.©" I77.Q0 fes`1°; . 'th~:nc4 Pa 90~00'ClC}T' ;~ 7.t~0 ~Le; •1'0 ;;te eas-1' !Ina o; said Sectlort i3r . '~henca S OuCfO'00" 61t'r.~1 f::3a~-a -hence i•! r39~53i2~" I'! 1305.Eia fea;; ~•hstnca I.2 0°QO~~ICj" i32k.b3 fc~a'1• `ro 't'he sau-E-~t t Ina of said S~c~-lon' 12; fihoncc~ a 1 ong said sou~-h •i Y «a 1~1 IIJ°5:~' ~,,~'t W (x06 oII5 feo~•; ~'~ence e N Q°~i3' 1 8" L? l 31 2 .~9 f~te-t'; ~;,ence N 8~,~" 57' (~0" ,i 1 123.901 f'ea ~ f •~'Ite~tr-e Er1 II~"~i9' 09" '~t i 5~'-,t .~5 ~ ~a; •3'0 '~ h© wes•1- 1 i~ne ofi sa 1 c~ Sec~-1 an 1 E ; -rhertcct ~.} I ong spa I d ~+.3,s'fi 1 i ne i~1 a~ 1 g' 40" i~1 3 983 . 12 f~Ge-3'; •E'henca S ~9°50' }~~" ;,1 Go2_.,`~9 -Fa~a~; •~5arzc~ ~~ QC~4g'{;~:~ 4~ ra{4.59 f~:e~r- •1'hanca P! II,t"49' OG" S•1 ~C3?_.5J fao't'; 't'ttan~:a N 0~~'C1~° 4th" ~ li .~~o.7G ter~~' 'i'4 •i';~ ,04~-1'h ifnc~ of ;-ald S{3ri-fc~n ?a „tanca ~zic:r,g ,4~1~3 sa«,h 11n~3 ;`! ~3~~'S~'.'~f2 S'1 1:325.25 fo~a•I•; fihc~nro N X19°~3' ~b5°' ~d :1G~?2 0.~~ 1 t'oa-~ •I~o the •i"rua pal tt; of bc~c~i-ZningF a ~1•rar.~' oi` i~tr~d which c~irt•f•[a8rts C~;~.~6~4 ar_~-n~, more rst° ia:.s« ',' ~ ".• ~' ~ ~ ~ , + ~,~o~~iN o~~~ ~ vr~~a, STII`.1?r OP GOI~OIZ.I~.UO J.'1!:T~'i'1ON FOR ANI•lEIE~T~O13 ELI~CTxON In accordance wl.th Section 139w2i-~G(2}, Colorado Revised Si:atute~~, as amhnded, thti undersigned Petitioner's hereby rc:spGCtf:ull~y rccluest that the Tawn of Vail, Colorado co:lmence pracr..tidings for the I~oldi.ng of ~zn annexation election. to de- t.erminc if the territory described in Lxhibit A, tahich is attacllra herct.o and incorporated by reference (the "'.~orratory") , shou:~d be annexed to the Totan caf Vail. 'J:'l~c Town Counci3. of Vail, enacted Resolution No. 5 (5cries of 1~ 1~+) on February 19, 1.97€, tahich found an annexation petition pertaining to the T`rritory to be in substantial. compliance ;~r~.th th.e recluirti::tents o.~ Caloracla Reviaed Statutes 19f~3, Section 1.39-- 2:1.--6 (7.} and scat a public heara.ng on the annexation matter fox I~pril 2, 1.3'11. Thy u;~dersa.gnUd Ptititioners dtis~.ze that the annc~xat~.on matter be determined by an annexation el.ec tion . The undex~s:~gned Petitioners are qual.ifi.ed electors, president in and landowners of the Terrii.oxy. t3ame of Ptitit=over Date Mailing Address ~Otvned by Pef_i.tiane~:• llelen C. S~~cnce ~ ~-1974 P,0. l3ox ~i73 Unit uOI. B1d~. 4 Vail, Colorado 81.b57 Ti~bex FaJ.I~ Cond . s~.'~~'r~ of coza~no } COUNTY OT' EAGLE ) ss + ~L~~`~~ ~ / {S~.gnattare of Petitiaz~e.r) .~ The foregoing Petition far Anntixat,ion ~?ection caas subscribed and acknowledged before me, a notary publ.a.c, by ~f.~~.;1~ ~. ~~-~~„~~.. on the /i day of 7}'1~,~~. I.g74, - u ?•".y Notarial. Cow emission expires : y'YJCu.cC.., /~, I97s' Witn4ss my hand axed official. stia3.. Not~#ry rte. uol.ic r ~I . c ~ .x . ~ ~ • ~ ' ~ ' ~, ~ . ' • . ., . ~Xi~lE3lT ~s ~~cnt ~a~scl~ ~ ~1~, c ov ~ . y !1 i~arr_oi v-F 3ar-ccf 3yir}g ]sr -1•he sou't'h i~z. of 5oG'Yion 2., Ta•~nsl~ip 5 ,. , sou-i-~3, t°ac~ga 81 was•rP -1'kca so~i~1-h tI?. ca$ ~-ho sou't•h lit of Sac•Ylan :S, •. -"('ownsl? ~ ~~ S shotr•rh, rarrc~a ni was'Y, tha oas`r 6IZ a, -Yho nor't11e~s'i• ! /~', of `.; ~c-1- I o~z 1 1 p 'i'awnsh i p S south, range i3I ~re5fi, 'Yha t~ras'r 1 /Z end -!'t7:; ou•t-heas ~• E ~~• of Seri•1'i nn i 2, Township S sou~'h, range 8 i wes•i•, •,~zo nor~-haas-~' i/~ o'f 'Y1~a r'+or'i-hc~as7` BIB n•F aectit~rt 1:3, `i"o~~rn~hl{~ 5 saca-Yh,, rangy 8i w©sfiD sand the n©r•tl~4~os-1' tI~ o`r -'rha nor•Yh~r3sfi ' t /~ of •i•1~a r~or'Yhwas`t- t /~ of Sectl on i S, To4~nsh l 1r 5 sou-Yh,• ranc~e~ 80 wfls-Y o1 fih© b-i'h principal ~arldian, Eagle County, Go1Dra~a, and ciescrii~ed asi i3ec~gnnl:~g at -i`hc~ sat~thaas~' -cUrnea~ of sal r; Sec`1•Fc~r~ ;3; '3'faer~ca o S ang -i"1~e satc-Yh l i rrs ag said S~-~r.-~I on P! X39°~3' 38" 1~! 3~7~ . i 7 ' «:a-i-; ~-henco YJ ~a`'Sl ea:~&" ~ ~c~~.~Q faa`Y; tl:a:nca ~ i7~01'?~r" ~ 2~a.C~ fee-r; ~thenco ~ ~~3°g (Y 2~" ~ ~~O.qO -~aa-; ? tf~enca t•1 I5~ i 0s ! ~" ~d E 2~ .~,1 fioa-Y; -i'lrerr~~~ !~ '~0° a~' 4:~" ~ 2~C~ ~G~3 ~~ao7t thence S F,7 u2p f ~! 7,3 ~ - 3oo.aa -Ee~-r; .•~t3~n~a s ~~°'2~'t~'~ ~ ~oc~Qao ~L?~J'~j `j~FG~C~.Gn l•2•~~a~~z9r~ F~! . • Gf ~ b~S ~ec~a•l• `'rQ ti-~:~ aQta; h ri gh~'~°ca'r~s~ay ! l n~ Q-F. 1 n i ers~'a-r^ 7Ul •- .. `~herrca aian~ s~slc3 sot,•!'ij iirscr a~ the ~cslia4•~3t3g co~rs~sa S F39"a~r.~~rr ~.•,'.. • 858.5 .~4z~_i.A Y~ ~:3'~Eg~mlrP ~~ ~~og~ ~sa-Y •t~i •i"i-ce rresrt`r,°~s~`t' carr~er~ a•~ ,-- • ~Ia i i `d E i ; age ~ E ~~~ntl~ !~i E i ng o tl~canc:a' a l Ong •1'hQ ~~~s•1'erririOa'f l i ice . - ~ ©f said Stri~~Ji~.~,ssaz~ 07 ~-;r~ •f~iEc~wing ~ot.y~z~s~ ~ :~~fl~rra/"' ~~ ~IF~~' • ~cti-i-; S ~©~~6' E3'~ ~~ i9~p">R3 ~a~i°g S ~~~~:~~?~E~" ~ ~~077 ~~~r; ~'han;~ '- alrar-g -Y?3c~ :~uu•~~~~r~~~c~:~-~ S i c~~ a'~ ~~id Stc~,€~€~fi~ic~rr ar tl~a col ta4~i na ~aursta~; S F~~~Ct 7~ ~•~" l~ ~~~ a72 •~e~-l•; b :~~_~ ~~? $ Cj~y,~ ~ ~?5 F GC3 ~-.~ ea 1'; '.- -_ L~3 ~~n~~4Q~"~ ~ ..'_s':~.t}~ 'e`~~f~fF ~ E3~"t~'~~" i;,; lBGoDp Fea'r`, l~ 53~:~f~s3Q" ~~; ~~iti.50 ~~:~•~y ~ 7~"~1~~C~~1° i~ ~~Ca~~ .?r-r'~'E'e S ~3~%``?k>~00" ~ ?I(~oU~ fc-':~'l'; - ~. - id 3 ~°3C) ~ ~7~1" 1~ ~~~ a~~ °~ e~•~~ Y3 &~~~~ Y i ~" ~ 51457 tse°#° •Yo •1`1'r° sora ; t7 _. - ' . r-igh-;°-~r-~~~~~~ i~~n~ o~ En-~~r~`~~-h~ '~(}? •1'h;ar,~~ ~~ f~~5~~ t~" is 337pfc~ -•~ 1 • -~e~•Y :-; rs °d°h~ no~fi6~ ~•~ r;i`a ~-~~•f~~~}~ E B rr~ afi I r~fi~ r~ i'a'Ya 7~ ~r~ d i he rr7j,~•i`Y~~ct°i~~ . ~ ri~os-i~ - i F nU ar 'ia i E ~ i i $ age ~ ~a~ E ~fi1~ -F t ! T r:~r,--, •i°ha:~ ~:~ a i or,g :~ ~ 1 ~ c~or,7~,ori - • 1<Ino a~~ eh~ •i'rai `:tat~ir~g ~~tsrs{~~o ~ ~e`~~~'~~s, ~ 4~1 1. At?c~ ~e~:~'r .f~ ~.C°r 1 r t?'- ~` ~ r3~~S.~~~ feBt;~ ~ ~ur~~a~fia 'r'he r-YgYr-i° o-~ ~~:hich~ 1~;as ~ radl u~ a~ ? t r~FCG ~ . yea; ar~r? 3n•!'aric~r~ ~r~g3a ~~ 7°E$g~?q", fiYr~ icat~~ chord o~ e~l~lch t~~~;~~rs - •- S 7S°(~~' 1 E" ~ ~'i~ 0'S9 t~;e-i-; ~-;ar~nae a i rack? ~a l d r~ai'••i'ir r`l gh'~po r~~ra}7 - •. ~ i rs y o n a c tc r•~~ ~~ •l-~a ~r,~ o r^ i g h -; w h i c 3~ h a y z~ r a c~ l u <- o~ 2 l :~ [~ , [l {~ f e y •i' • acrd inr~~°ivr- ~rigla yr i°47f~7", ;ha lc~nc~ chord c~i welch bears 5 ~~~ _ ' 7~°'79?$xr" ~ 68ota5 ~ea-i°; •i°honc~ S .~aaG'l7'C~" F ~~~e70 feL-i ~ •t~h:;nca ~i II:'°~~3'38" F_ ~~~'~.7:~ Fo~-~• #-o •1'ho aa~t lino c~~ :atd Sectlort ~.; '.. • .. tl~o t~cc ~ l c~r~g s~ l ~ a~~ ; l i nor S ~3~25' 0~" ! $ 3 ! E . ~~ f ee-1' to •1'i'}t~ nar°J1°Y~~. - ,- ~at~s-3• corrrc~r o'r sa3 d Soc-Ytarc i~;-i•har~~;a a 1 ong •1`he r,c~r; h l l rya a~ ~s~! d - Sec-3•iori N r~9~'~~;~~~' ~ d3;S.25 ;oe~r; -Yh~nce S E}°2'32" ~ l35~r.~,7; _ - - feot' -3•c~ -Yhe ercar-: h ri ght'~°a~; --~~•ay F 3 ne o-r• F n~'ars•1•a-Ye 70; 'Y;~an~a a f c~ri~ • said north J l;~a S- 3~"lS'S1" ~ ag5e50 f~;~fi8 -Y1~enc~ ~€. 89°So1l 1" ~ g5Q.37 ~va~l-; ;honro S ~~2~Y04" ~ ~1~.23 ~ea-`€' •i-~ fihP r~orih ric;h-Y-- d; --i~a}+ ; i rce~ b~ ! rrfiars~'ata 7~; •i'nar~ca S ~?R~0't~~" E~ 50~ . ~3~ ; aa•Y `io `~h~ Sn~,a~;'n r~igh7~-c~ ~-wa}- i i ne of t r~tars-Y~-Ye 70; ~`i~e~-~ce S 0°2a } 0~" ~ ~i~.OC -re~a-;; •sl~c~nca S 89°S~'~7~" ~ 1.a~9bpa ~aety thence ~S 0°0.3'OU" ~ 1~~5o~r5 •rafl'~; fihernce i`1 S9°Sb' lS" I~ i~l6ol t ~a~-~; fii~Gr~ce 5 0°~Q'GO" i .~`?~l ..Sa -i:aa'r '1-v 'fiha t~3q!"-~ hrr©sfi ct~rnar of aaF d Ssc ~ l osz F S; thenC aiang 'l~ha r~or~•h line a-~ said Sac~'ron Ifi S X39°~a'2~" ~ 27.70 fea~~; 'i't~~nce 5 7..5°~ l'a9" S~ SGS.S~3 ; aa-1- fia `i'he ~~es~' 1 l na of . sal d Sec~•F an ! t~; Whence I~1 ~0°QWgOJ" i~t 7.DQ lea;; fih~ncc~ S 0°C?~3'CO" 177.~~ #ez~t; thence 1`i ~3gU0Q'00" ~ 7.q0 ~ea'1- to thg ~as~' 1 1 na of said Section 1:3; ti7enccr S a°v~'~C7" U1-s..Fi ;aa'-; thmrzc~ I'1 F3:'JS~i~~4" 1'1 1305.35 ~Fa:~~'; ~'hanco lJ 0°~Ok~J" E322.G8 ~ae-~ `1-a ~r•ha ~:ar~'th I ins or' yald 5t~cifon' I2; ihc:rrca e lone said R,nuin , 1 i ne y 89°S:a' z~" 41 1 :~t]6 .EIS fiap-Y; thence ' 'N QG4II= l~" S'>' 1:3i2.g9 ~~aa'1•; th•:.~~~co sV ~~3~°:~7'(~0" F•1 13?~.50 fea'i`; -~s~anc~ N Ei9`'~k9'D9" ~~ i `i~;,l .. ~S ~ca~r .a •~'~Q w.~s->` { s''~rc~ of sa3 d Sec-i'1on 1 1 ; thc~nca ~, l nng s~~ i d c~es'tr 1 l n~Q N 0° 1 9' OCI" ~t 19~3:i . ! 2 {Gad-; ths~tc.a S 89°5U'S4" t~t F~5?.59 -Fey'!'; -1-hQrrca ~~ ~ro19'(~,.;" i`l ~aSC~.S9 fca•~t- `i'hnry~~~ ~ X39"~`>9'OG" ;~! f~b2.a~~ taa•~; ~-t~Qrrcv i'! (~~'Q2gt~y,r ~ i.i20,7'G fea-i• i'c~ ~-h sou-~1~ l ln4 4~ Sa3d Scrcti.n ~; `1^herrca «lc:r~~ :.r~sfd ,ou-Yh f lea i~1 ~1~3`'~2r~}7 ti~ E a2S.25 f op-i'; fil7duca Y~ t3~"~:3'~3a" I~ '1~,~37.:~ 1 f©t~•Y -~a •i`hF~ `i•ru~~ ;~o] r~ i o~ savg I sZn l nf~ ~ a 'r-r-~ja'I' a f ! arrd 4r}~l ch can~'~F r;s G~:3. X64 ac:r`a:rp morn ar ~ F3 ~'. 5 p • • • ••,, . ' ~- ~ ~ ~ •_ TO~~'N 0~' V11rL STATE 01:' C:C?LOI~.ADQ PP;`J'1TlON FOR ANNL.: ~=..7,'iON ELECTION Tn accordance t~~ith Section x.39--21--6 (2) , Co3.arado kZev~.sed Statutes, as amended, the undc~•aa_gned Petitioners hereby respectfully request that the '.['own of Vail., Colorado comz7ence proceedings fox the balding af~ an annexation election to du-~ termine i~ the torra.tary desc~: ibed in E,thibit A ~, whi.ch is attacl~~:d hereto and incorporated by reference (the "Territory") should be annexed to the Town of Vayl.. The `.Peron Council of Vail enacted Resolution yo. 5 (series of 1.974) an February 19, 1974, which ~otind an anne~:ation petition pertaininc; to the Te~•ritory to be in substantial compliance with the requir^mentM of Colorado Revised Statutes 1953, Section 139~- 21-~G (1) and set a public hoaxing an the annexation matter for Apxi]. ?, 1974. The undersigned Petitioners desire that the annexation ntattc~r be determined by an anA~exation election. The undersigned Petitioners are qualified electors, xeszclent axi and J.andowners of the Territory . Nam°~ of Pet9_tianer Aate l~iail.ing Address O:aned by Petitioner Patsy ~,. ~31.t~mberg ~~~ ~~ ~~ P.0< Box 673 Un~.t 5031 ?31.dn. 5 Vail., Col.oxac~o $1657 T~_mber Falls C~i~id, .. ST~.TF~ Off' COLORI~pO } ? ss . _ . (i.~i~atu:i. ~~e a£ i'etiL-a.oner) i • The: foregoing Petition l;ar I~nnexation E3_ectian was subscribed and acknowledged before me, a Wat=ery public, by ~~;j,~.t., ~ ~~.r-1.~.t_,~ on the /9J.~day o~ ~I'22r~r_~-l~_ , 1974. °• tj` l~iy Notarial. Commission expix'es: ~~~,~., /(~, I9~-~" C~itne;~s my hand an,d o~~icial. seal.. Notary Public a; ~ ~ ~ ~ r r• 'r~ r ~ - • ~ ~Xi'i}~i7 A ' ~.CGl~t. U~SGtZ1P-i'tD~ .. ...... A }sat-cat of land iySrtc~ In -th® sau'f'tl if?_ a:f 5cc-hion 2,. Tas~ns}zi'}3 •• . sou't'h, t'ar~go B} wes-i•, -r}~t., sau-i-i1 !12 r~~f -Yi1o sau-i-h i,~?_ a~ Soefi ic~r; .:'-x . To'~rrtsh 1 p ~ ,hou-i'17 A ranc~a II S sass's , 't'he Qas ~- i /7 cx ~S'h© nar'!•tz©~ss•t iI~'t of SoC; Sc~rz i S, 't'awt~si-tip 5 aats-!-t~, Tanya III ora=:'~~. •Yhsa ~~ras•i' ifs' and ;i~o vOU'!•t~t3as•t' ~ E/~~ of Sac.; ion }2, Ta~~n.shS,p ~ :~:~~r~~t-h, tango ~) w~ss•{~, '~ h~ nor-i•h~,as-t- t f ~ a f •rha s~or'~haas•t~ i /~ of S.::a't i on t 3, To~~rn~3~, 5 sots-t't~,. t-nttgc~ II+ i,~cas; ~ artcS itta tzQr~-hwa;~'r i~~ of -}-iso nor•Yta~rros~' i ~~ of ~`!ze tzor~-l-~t•,aas-t' i 1 ft of aac:'t• } on i g, '; c~ansh t ~ 5 sou-rh,, ranc~a F3C~ to©st' of 'i'tts fs-t'tz s~t-irrci}~ai rsc3~'Sc~tatl, £agie Coon'+yr Cc~ioratio, end dascribc,d as i~agSnr,i ng a-Y fiho sou't`ha;s =~- 'rarrYOr of aaI cf Sc;c.~-Sor~ ~; '~henca ~~ }ong -i'ha sou$t3 } i r~ ~g sa 3 d 5c~a-YS an ~ €i~ °23r 38" lit 373. } ? ' ~ea-t•; 'Yharzca~ aro ~~~Dd ~a:'4P' ~ C~€-:~pafl •ie~;~'~ •'tr.~taca t~! i7~0E'24" £ ?_~~.(~D ~G'6•t'; ~~ horyaa f~ :38°tJ ! Y ~~'>'' a 3IIQ .4fl 1'n~ k s -Yizanca }~ i 5~ i Q t ! ~'' 1~! 1?_6.~`>} fas~•9 'iherrco Pi ?+~~a:~~s~~" £ 2~fl.Q(~ •f~o~-i fih~n~a 5 &~G2ar~} ~'~ £ 3{~O.tiQ •E;e~-~;. .`~ }zf~~tc,a S ~~"20 ~ ! 7" ~ 3D~3 . ~JG i z ~-t•; ~'}ceftGa t~ • F°,p t ~9:, ~{ . . ~: i ~. "•~ •,`ac~-t- •~ a fi~•r:~ scst.t-Y;z ri 7h - ~-rrti--»av ! i sr~ Q•F S ntors-ra't'a 7~T fih~7a~ alc~nci ~~witl sau'fY; €;r» ~~ -i'jz~ poi i~,1~ir-,;~ cry€;a°s~sa S ~3g~':~~'~~" ~ --~.~. 8s~ IIfl f~a•~ , 3i c:i~ `~ i ~l' :h i ~' ~: ~f o~~ ~~o•~ -i~~ - i3~: r~r t;+r~s`!- anrn3r•~ o•r' _ ~ ~. • ~a i• ! V $ t 1 ag4~ ~~ i ~,~~r~•i-I~~ ~ S S i rte ; •t';~~~rrca ~ a } ~d~y fibs gas i u t"rrr~asfi t i its . . Qr said aulae4i v; ~ ~ az7 ate 't~t`,~~ ~~~ t i~.~ti rz~1 yc?€.°4 ~=, ~ ~ fl~fl~ r a!" .}? 2~.~2 - fiae•t-; 5 ::,Cl~~S ~ i ~~' ~~! t ~~p?a -fl ~~~;°;. S aQ~~:~ ~ S ~" ~~' ~~.77 ~aa-s-; fih~r~ca - aSo~g •~,z~ sr~t,t•~•t'-r:~t/°:zr~c~~-t° Bir~s~ o•~ said ~uF~rz€ari~€,~~~ a€t 7i~r~ff''raiic}~iny -_. ~~~tt`"«i:~:~° ~ r.3 ~~~~•~~~ "tP `•s -C t?. F {s (? ~3 ~~la" Q ~~~ eVl' •.~ C~c~ J ` N ~€~°~~~Uf~"~ ~: ~~~,.'Dfl -~~w~:~fi; ~ G~Y~'l3pflQ}° ~~ € ~3GoQfi? fa:~i'A t! 8~~'af3Fafl" }x~. trSQp{}Q ~'9~'~~; a~ ~~~`'tJQ;~SQS4 £ ~~~fl~~~..~';': S IIrCF~~Fflr~:r ~ 1!{~.QU •rEa•is ~ - N 3'~"~Q7Qfltt £ ~~Q>pGs ~F~:~•~; i'~ l~~~5? ! 3" i~ ~~e~7 •~ ~~.t. .ica tI',a .rc~ts'i'h _ ' ~ . c igh~•~•e~~~~~a~J F~i~~ ~c irt-o,°~ya~°~~ ~fl~ -trtt~~~~ td i~a~c:t }flt' £ ~37.~° ~ • -~a~-F •; o ~i-hr~ t5~;st° t h ~-3 cs;~ b--•o7 ~.~~~ s ~ ~a ~~ i t, ~•r.~~~,~at~ ~(~ ~ar~c~ •i•h~ sa€r~•;3~~r~r~~- - 1~gai $ i~~~ t~•i 11az i ~$ ~?zzy~ f'~a~d'F't'i~ a } t~y~ •it•raricU ~starzr~ s~t~r ~ot;~;a~c~rt - i i na ~rY a h~ i=ce $ 3 0~~ I rtc~ rro~°~;°':~~s~ ~~ ~ ~~'.~ r r ~ tm ~ } } oflII i e~-Yt !~ ~t6 ti'r} ! t ~~;;; £ CPra A ~~ ~ a~fi; a ~u: t,~ E°o ~:~~ rFyi-,-!• ~~~ ~--t~i~.ic t'iu:~ ~ r~ct`t us a~c ? } f~fl F DCa - • - ~aa'!' X33;1 ir~.~~'ic:>t~ anc~ie r~~ A°S i ~~Qs'F i°t-~~r t~r~g cnar~c~ a~ 4~r}zicl[ t~oar°s 5 7~°t~~ ~ S S s~ £ ~?i~ ~~9 ' ` ~~'-`~, fihk~r~~a a S c~rsg said riar`i;-r r i gh~'~-~sfsa€~ay • -' 3 rtta dr3 a c~>";r~ •~-ca '$•iza ~i gh-, ~st~ i aYz : ~~ t~ a adi u F oT 2 (°U.4fl fic e•t• - ~nd in•Y:~t~i pr' ~:nc~3!o c~~ i~'~r7~~7"n fibs iatz~ chard or ~htch ha~~~s S . :_. • 7U°2gg~~f' £ ~IIot~S iir'r+'a; •i•h~~tr~ S r~5c,}`I€~~:" it ~~~a7t~ raa-i-~ •i'iz~nca !!! 89C'aS9 .a" £ ~`>~b~o°~ ~ -F~~~-t• °t-~ -rtz~ Qa: ~ £ ine ~~ jai d Sec~'iarz 2.; - ~. . ~'tt~r,~~a a 4 png rya i d ~~~-;• i t r~ S !`,n~5 ~ C~2" r i ~ i 1 , ~4~: ~e~`t' '~a -rt5a ~r5r°•; Y~~. • ~ . wes+ car•,°~c~t~ a•~ sags Soc; "s or, }~,•,t•rpn~a aSor'y •~he t;ar~'h } i37;3 0~ ~a} t~ - Sac's ion i~l ~~a°~it7pL1~9f ~ $,~7;ao~~ :°~a; ~rh~~ca S 0°~~i a2,i £ 8:~~r.~P7 _ fiaa'; 'i•o •~'ha nor-fita t°i gtz•E rd ; -~~~ay 9 i t•ta az !~ n s at'a-ha-ra 7D p •Y!za~~ar~ a~i ong ~ _ said rtr~r;h 1 ins S 39~3~Y5;" £. ~gap60~ ~~~:s -t-her~rra i;t 8g¢~~{ i i" £ 9~Q . '~7 •i:oefi; ~'horrca~ •S fl r~?fl' Q=~" ~ 5 } ~ .2~ ; ao•Y -; a s~h~ rya tits r• } gh ~- o~--;•ratJ i itzo o Srz'i~r~-ra'Ya ~Oa it3errca S Q`'2QTD~" £• 5Dn,83 feat' '~o ~-t7e Sacrfih ri ghfi•-a-a ~-~~ray i I r}~ o•, i tz~-ar°s~Yafie ~0; -~'h~ncu S Czp?0 t {~ ~" £ ~'32.QC lea;-; •l~i~~ar,c~ S ~i9~~~g~2" £ 5329.00 ~•,~:a-t'8 -t-henc:~~S 0°C~:atOt7" ! ~?:~,.~`,~ -fGc~-Ya : henca i~ c~9°5S' S ~'` £ t a! a ~ i t #:=s~-Y; ~'t~ance S D°{~0't~D'- 1 a2Cl. as Fa~'h fia -t'tz~ nor-; h~;-~,s•f cornar~ o~ s~T d Secfii an i Fi; ~ hanca a tong •, trt~ rrar";•h ! i na o~ s~ i ci S~sctlart } II S 89~~:3s~ " £ 2~7;7fl ~ a°tF -i'hertco S 2~~Q } ? ~9" ~ 5°5 ..~8 fQa•t' .'o •~ h~ ;~es~-i' t i na o~` sa } d Sect }ors i ~~; fit3onc:r: ~ ?•? 9QoGr~ q GCl" I°! 7 eClfl i eo s ; -shancc~ S 0¢~}Q F f~0" i 77 .Ofl #ee; ; ~ • _ 'Ytzenc.~ ~~] 9CtUn0 ~ OII" £ ~oQQ iaa: ]'o ;the c:as•Y i i Sze o~ ya i ci SeG•f t on f 3; . •rherca S (3aC1C7UU" Ci~aIIt ~oafi~ -Yt~enaa I•! ~g~~~r2Fl" t~d l3Dfi~f35 tQ~r, ~'h~trlce ~ a~o':~raa" ri~~?.EiF3 ~•aefi io 'Yha ~au•t•;~ E ine €~~' seid Saat!ors' !2;. it]~rrun a}a»c~ satd ,au•:h Sine i! S9°~.~f 2'`,j' ~•1 }~C16.f35 feet; -I•hnnca . i~! 0`.8f iS" S't S3S2.~~7 s~~~-t'a ih~nce }d E'•9"a7'~?0" ~~1 I S7a.90 f~~Ei't•; -;ttert~a ~! F39°9'09" W 35~`r•S ~~t5 ~ca•z •t'c-~ '~ha ~r~s•t• i j~r-a a~ said SQc•Yion } i ; thanccs a 1 ar7y ass S d W"s'~• 1 S ne ~t {?° S 9' 0C}" t'! i 9II~ . i 2 f-ua-t"; `Yh~rrc.:~ S 8~1°50' S•-" !~ t~~2.59 ; oe-t•; shortca f`s D° ! ~ ~ fl~:< t~ ~~ Q.S9 ~ot~; ~• -, h~~na~r PI f39"~`i~'~~" :•t X62.59 foa, r eher,ca N U' ;?? :p" £ I.:52D.7.`i t~:~~fi ~'o -j`h~~ sou•t-t~ i trso of S~zld Sac: :•?nn ~; -Yhenc~ 7sc:lncr :f~sid ~c~a•!-I~ i trZe I•t II9~'~'?t~2 ~r! i:~25.25 ~a~-+; -Yhana~s ~i fl%1°~~~'~l5" i! ~~:~~e~i ~'c,o-rt •3'a ttto ~'t'tsc~ pat r: i• at bc,glrlnlnclr t~ -hr~a-t- of land ~F~}~3t~h acan~cains G~~3.~E4 ncr:~~, snore or • , ' ~ ,. • . ~ r ~ ~ J ~.~o~ln~ ~ o~ ~ vnz~L S~'AT~. OF CO~.OX~-~1t~0 PLTx'1'IOid ~ OR 71NP~uX,~TZON ELECTIOv Zzi accordance ~~~i.th Sec~:ian 139-21--6 (2} , Co3orado Reva.sed Stat~tttes , as amended, she undersi.c~nec~ Petitioners hereby re,,pect ally reciuc~st titiaL tho Tas~~n o~ Vai1, Colorado coz~,~wnce procecdi.ngs for the holding o£ an anne~.ation election to c~e-- terniz~e i~ t~~c territory ciescz:a_b4d in Exhibit ~, which is attached hereto and a.ncorporated by rcfez:ence (t'rze "Territory") , ~shou3.d be annexed to the To,•m off' Vaa.1. The Town Council a{ ~~ai1 enacted Resolut-i on Ida. 5 (Sexiea of 1974}~on rebruary 19, 1974, w~zich ~ouz7d an annexation petition pertaina.ng to the Terra.tor~~ to be in su?~stantial camplial,ce jai th the requa.rer,~ents o~ Colorado P.evised~ Statutes ],963, Socta.on 139-- 21~-G (1} anc~ set a public h`ariz~g o~i tha annexation matter nor Apra.]. 2, 1°7~? . The undersigned Petitioners desire that the annexation natter be deter ;tined by an annexation election . The undersigned Petitioners are quali.£ied electors, resident in and laz~do`,~ners o:C the Territory. Name of: Pc:~~itionex~ Date Maa.~ ing ~ddrLss Owned by Peta.tiannr Bohn M. ]37_uinberg 3.19°74 P.O. Box 673 T3ni~ 50~. Bldg. 5 Vail, Calarado 8I 657 Timber Falls Cond. :. sT~T;J or co1~oR~no ) } S S . r. ~ .~--- (Sagnature of Petitioner) ~'he ~orcyoing ?'etiti,on nor 1~n.nv~;ata.an ~~.ecta.o was ub cribed and acknowlede~ed ]~e~ore mo, a notary public. by • ~-~`-~~•w 3'71 _~~~r.~7~c`~-c~ ozz the ~'~j.,~z. day cif ~}2af~G-~~.._. 1974. .~' I~iy Notarial Cammi.ssion e~spires : `~?~.,c,~. JG, l9 7r j~a.tnf'ua m.~ band and o~~ica.al Baal. ~iatary ~'ubi.ic r ' ' • O • •~~ ~ r s • • • ~r 's~ ' ~ ~ ~ i • . - 1= ri }-1 t i3 ! T A rr ~.i"~n~, n~.,c,}~ 1 n r ~ ors .. • A par•co! o~ l end tyt nc; I n -t-hc~ ,ou~•i-h 1 /1 of Sac~-Ion ~., TPwnalt f l7 >.; • .... " sou't'h, rar~c7c~ B ! t~rr~s•t•, tha soers-t'h $ ~'?_ of ~'!~~ sc~:~•t'h ! /°?_ Uf SaC~'! erg ~,, ~'1'ownshii7 ~ shc~u•;1ip r•ancrn ~i! tras-t'p -Yha aas•W 1/Z of ;~l~c~ nor'-Yhaas•}' i/4 of Snc'!'lor~ ! S, Taw~t~ahlp ~ sats•`-'h~ r-~rtga 8t t~res~", 'fl~o t~ras•Y !/2 and •1'h a soU•f t~c~as-Y ! /4 0~ ScC#-! can i 2„ Towl~stl i p 5 sau~h, r•an~~ & t west-, ', ha rear -1•ha~s'1• # /~ of •YIIO ~Ios••1-17c~as•!• I /~, of acct' ian t ~, ?•ot~nstt l p 5 ~au'rh,, tango flt wes•Y, and 'l-I-ra c}ar~'ht~as•fi tf~ or -t-he nor~Yh~r~s-Y I /4 07 i-he rrar~'t-h~rQSt 1 /4 e F Sac'f i ocz ! c~, •i ownsh t p ~ aou'Yh,, rart~a ~f7 }+es-I• a.c '!'hQ G•ih ;,r`I nci pal marl cil rtnA Eag is Couniyr Gcalorada, and desct-IhQd as_ }3oginnirrg 7-I• -}-ht~ ~;ou-}-hcaa: ~ •~~~ar-rrar ai sa€ct St~c'Ytan a; '1'}ienco along -3-he sn~r-}'h t ins ar laic} Scrc~'t~orr N S9°23'~i3" 1'1 a67S, 17 ' frce°€•; '~henca b~ b.i~C?l.?:~~.,~ E C;ti~.QQ fco~< •Yt anco I~ 170! t1~~" F 7_aao(}Q fee'l`? ~t•hanc~ C} ~8"~i 4 2•'1" E ~~C1.a0 f~>,~-I•s 6'~er•ICa l~} 15~lOS !~'' k'1 12b . ; I •~ sa ~ ; `''h~ncc~ 1~ `l0° a9 r ~.~" F ?_~~? aGC -r^efi; `Yizerzca S Ca l t'?O s ~! 71I E 3c7~.QQ ~`~ae'1•; •-~}Z~rrca 5 8~"1C~~ t~''' !" ~00,QU i•c:a~€'; -Y;,elzce !~ •~``:>~t%9" W . ~! 4.~~ •~ae-h °;••r~ `t°F~~ ~©~~-~ h : i g5; w-ca ~--t~ra~r ! i rte Qf. i n•W~:r~s~'a~'We 7(~p .. h enc~ a ! and ~-31 c3 s~au•t•i~ 1 1 e~~~ on •1'ha f ~ ! 1 a'P~ $ r7c~ cc~~as-s cis : S S9~' ~9' a~" ~ ~•. ~ . . 868.50 :'o~'~p t~~ ~~~$f3~~,tI~ ~E~~~,.3~ fcafi •Yc~ `s~~~ n©r'f'~•~as'1' ccarr~ar~ or _- ~Ia3.1 lei 6 ta~~c~ a:.S{,~rsn~°t, c•I ! tragp :tre~nc:e~ ~l~~?~~} ~`ha tr~:~~ernrr~os-Y l i~;a •~•_ - of s~ici 5t~ad`n'~,~: aian ors •6kr~' a~~t Bc~°;~1rtS ~c?~1:-~:~~F a ~~~~ra"f'F €~~ Vii.?? $c~9`Y'; S ~C1~~65'.a'~ q~ l~~Sei3 =o~•~g S_+Q~~~t'1~1" ~'i :~~.i7 (~~'1'~; -Yhenca ~- _ ~Ir~ng fiho so~a-~•i3c~r~rrn~~~d 61r~~ a•~ Bald ~LiY,c~;~~t~`scn ©~€ `1`ha ra€€Q~~}ng _ ~ •~ •. eour ses; S u~~~ 7 ~ ~~~' ~ ~b~,„7~ 6 c~~ - ; ~ ~<<~~~'t'Cr" E ~~5 ~ OCR ~~.T~e ; ; •_ ~• i'3 ~~°7~ig~}t9"~ ~" ~~~odb i~)~~°a ~! ~~~'~'iitC~1" kog 1ti06rJ0 isa'i';•l~ $~3`~Sc~'34" ~; ~iO~.Ot~ ~o=~`~; b`g d~`~i.f~sfil~'? 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'. -t•henco a € nng s~ I d c~aa~~ I t n~ S ~`~~~ rt~~" ~ 13 ! ! .~a fee; °tcs ; l~c~ t~r~r°; ~~~ ~ ,~ . wps-Y moo, nac° of s:~Id S~c-I'ion I"~;'~•~~n~r-a ~Iong ~-he ;•~:.~+h I i r7c~ c~•~ ~aI c~ Sec~'Tarr N 5~°~~~U~t' E 132~.'~~ ~•c~•}`,- -Whence S ~°21`'32" E ~~1~.~`-~ ~ . fear `i-a ; ho rtor~fih rt ch ~-•: a; ~•:~ay F i na €~ i ~ n-l-ar-sfia-Y~ 70; fihsnu~ a 1 or~c~ sa 1 d tro; fits t 3 rye S' 3~~' 3 5' ~1" E era .~G(3 f:~a; b `Yher~~:a ~} 8g°5b' ! !" E :95Q.~? flee't'; fiy~ar~c~ S 0~~'4'J~~'' lw ~i3n~3 rca-Y fin 'i`}se nar'•i°t~ righ-1°~ o+--gray 1 I nc~ a•Y ! slfiers'~ a ~ e 70; fi}sense S . ~k'°?4! Qh" C~ ~C~~ .53 Asa ; •}•~a • 'f tT e S 4 cr ; h r I g !~ fi•~ o ~' --t~ a y ! i s•s e o •f ! rz fi e r° s ~` a'; t? 7 0; '1` li s rz c e S 0 ~' 2 4 t 0~ I~ ;w 3I2.OC -fea''t; `r~hnnce S 89~'S~'4~" E 1329oU0 f€~e~-; fi~snca ~S 0`'C33'g0" la25.~°.5 feed'; 'Whenco N $9~5b41a" E t.al~e! € feat; iher7ce S 0°D0'?0" 1~2f}.55 foe'}- ';"o ~'r~e norfi+~yres-I- carnet o~ ;~~td Sect}an ! S; f'hsncn a 1 c:,rrg '1'ha nor-; h 1 1 rIa a•f saki 5aG#i on ! 5 ~~ 59°S;~ r 2~+" I" 2~~7.70 r c~e-Y; th~:ne~ S 25°~ i r a9" 1'1 5~5 .3~ -fee E- fio th;~ ;aes-1' ! I ne of sa! c~ Sac-a i o,~~ 1 ~; thencti l~ 90~0C:' 00" ,•1 7.dG- fas.; ; •Yhsnc:e ~ C~`'C~U f n0" 177.0(! fea~t•; '~henc~: ~ ~l ~0~'QO' 0CT" E 7. QD feet ; 0 3•;ts aas•i E ! ne a f said S~c-C-I on ! ~; thence S Ot'7{Jf00" bj~'t.~f tae-; Whence I•~ f33a53t2;~sr ~•1 t3D5,Q5 f~~i•f thonca N Q~'QO'0D" p3>2.v~ i~e~fi sn -1'hc~ sou-3'h ! Ine a~ said Seciinn' 12r ~'}7enco a tang s:~l d soirfih !Inn N 89~'Sa' 2~°' w ! 30b ~B5 'fe~a-}'; •1•hsnc4 N QGr.8' 15=' ~'1 1 31 ~ .99 fae'Y, fihertce V ~}" ~7' 00" t'~ ! ! 23.90 fea•Y; th~nc~ N g~°1'09" ~~ I5~•1 n4~ fearr -Yo •YhQ w~s~- 1 l~na of said Sec~-!on 1 ! ; thenco atom sal c4 wes'~' lInn ~t 0°19'00"" l~! l183.}2 #oa-3•; th•~ne.c~ S 81°i%7'S~" ~~~ oG2.59 fae•;; r}s9rsc:a fd 0~l9'~UrI" S'1 ~G(1,59 fie~-1-;- •YhUrtc~3 Pt €39"r-9'Ob" L•1 6b~.a9 ~For~•;; -Yhencc~ r1 ~~Q~p ~Q" E I.i70.7d ~~ai' ~'c~ ~~h4 sau-it~ ! E t1a fl7' Sr7 ! d Sc~ c~' I:~n 2; -Yhc~rzr_c~ a I t.n~ :; ~3 } c~ sor~-}-h € I n ~ !'! X9"521 h2. 59 a32a.25 Fc~c~-fie '1•}zorrCa Pd 01°~3'~3i" S;! 2U92.:~1 1•~a•i` 'i'cy 'Yha -r`rtl~ pant; of bor~irrnlrsg~ a `fr~c•}- of 1ar7d sat~IcY- cc~n'}'~1n, G53.~b~ z~crs~r mnr'a or' 1QJJ • , •` , •t • . • TUWN OF VASE ST11TL•" OF COLORADO PETITION 1"UR 11NNi~X~'1TION EL~CTIO~~ In accordance with Section 1.39-21--6 (7} , Colorado Reva.sed Statute~y, as ~r.~ended, the undersigned Petitioners hereby resr~ecttully rcquc:at that the ~bwn ai Vail., Colorado ca:~mence proc;cedi_ngs for the holding of an annc:~ation electaon to de-- terr~a.ne it' the tezritary d^scrl.bed in P:xhibit' A, which is • attached hereto and incor1orated by reference (the "Territory„}, should be annexed to the 'Town of Vail. The Town Council of Vail enacted Resolution No. 5 (Series of 1970 an February l9, 197, which toured an. annexation. petition pertaining to the Territory to be in substantial compla.ance with tree requirem^nts of Colorado Revised Statutes 1953, Section 139- 21--6(1) and set a publa.c hearing on the annexation matter for Apr_9.l 2, 197. The. undersigned Pe tita:oners desa.re that the annexation matter be dcterr,~ined by an annexation election. The undersigned Petitianprs are quala.tied electors, resident in and l.anda~ancrs of the Terrritory. Name of Potita.oner_ Date ~-Iailir~g AddrESS Otaned by Petitionca: Kenneth }'s. Ri.chaxds 3-19-7~+ P.O. }3ox 1908 Lot' 9 T3i~horn estates Vail., Col~oxado 81b57 STATE OF COLOi~ADO } ~- co~rNrr~ of E~~LZ ) ~ (Sa.~.atux'e of Petitioner} The foregoing Pctita.on for Annotation E1ect~.o eras ~ubscr bed ~ and acknaw~_edced before me, a notary public, by ~'zs~u ~ ~ ,~c/~..../ on the ~9 day ar ~b{:.~ ,.~- , 197 . My Notarial. Co!runission expires : ~~1~'l ~ G V~itncs~; my hand and affici.al. seal. `~ NOtary ~t1'L1~:1.C: 1 .~, • r ~ V • • ~. • ~ - ~~, .• • • ~ • • 1 ~ .. ~. ttixlaiE3i~ ~ A ~7rce~ I ai~ € and tying i ei ~•ho snu~t'h Ef7_. a.~ Socfil on 2,, Tawnsh # p a ,. sau't•ti, rangy £S1 taas•t•, •t-hc~ sau-P-h f/2 of •rt:t~ sna-I'h .If2 a~ Sec-Y#an :gyp - - To~~~i~sh i #~ ~i sttau•i-~r, rarrc:c~ Z3 i ~ras'i•, ~'t~e ~a~~~', i i f ~ o i 'i'fio nor~hsas-i• 9 f ~ o ~ Soc-t' I on 1 i , Ta~,ansh i n `i south , ~~urrg:~ E3 E S~res•t~-, `}'hfl ~tc~ ,•t' 1 f 2 anc# 'Yha aau-t'1~o~s•i• d /4 a{ Sec~'# on t 2, 7a~nnsh # p a sou; h, rang3 81 wes-t', -?'hr~ i~or~h~as•Y' s.l~t crf •Yfra rzat~-Yha;s-t• tf~ of }eGi ran 1:5, 'J'o~rr7sh3~ 5 south y t~angr~ £t 1 wos~p ~jcrd 'tt'ra ~yQr~'hi~as•1' i /~- of -t•iza nar~'l'h~rasfi 1 f 4 0. ~•he nor°'t'hwasfi• ! l~ oi" Sec-t• i on t fit, -~ ownsh 1 p 5 sau'Yh,, range 80 was; o~ -Yho ~•1-i~ ~rirreinat rrerid#anr ~ag1c~ Caun-~yp Cotar~do, ~snd t1r;sGrilac~d asi3ogY:;nirrg ai •t-hr;~ saut•haas'r''~aur-rc~r a~ Ca#c1 5ec'f#r~s"~ :~; '1'han~ca aianq 'rho scrr~-t•h tiny o-; Bald Sac~'ion P~t 89°23' ~~3" #+1 3678,17 ` fe4•~; + h~irtra a~ 6:~"C t• e ~,~t, ~ 66~ Pi~Q ~`aai-; ~thancp E~J {T ~~ # ~ 1~{" F 2a~.00 fee•1•; ~~ hanca N a8°U t s 2i" ~ w 80.OQ ~c;a ~ P -Yt;encw ~? k5C 1 Oi t~" tiyf t 26.E t a~ ~ F i•nw+~cra 1•i ~Q~ a~ ~ ~ 3" Iw 23J.GU •~ea ~', fihenco S fi7 ~0 r •i 7" ~: . 3DO •or~ •i:e~-`r; •-#°1;;~~~co S t3~''~Q~ t e'? ~ :iQ~'.QCJ -a ~:a-1•; -Yhanee ~~ •&~:~e~r.~c~u t,E ~1 ~~ a~,5 ~ ~€~ ~' ; ~a •:1~~ ~n~ ~°h r-f ~h-1°~-o~~--i~~y ! i' rya a~` t r.•s erafia'1'e 74r ,. ~ha~~ca <s I r~r1c~ :~~ ~ ~~ aa~~•e•1~ ~ 3 ~a era. ~'i~a E c~ 1 t c~~+3 rg ~cc;~-sss : S 89`~:~9 g ~=2" ~ ., 863,3Ci caa' ~ i~ ~`~`h~CJ~~ i" ~. ~~~.g~ ~'~©-Y fi~ I~ r~orih;•ras•r c•ar~~or` a r • • tai t :r~ i I~gss Ini -V~rr•i';t ra l iri;~; 'F:~:~raoa~ ~1~~nc~ 'fibs ;;•~s't"~Y`rif~i0a~t' l ina _ of ~~~~4i ;~~~t~ri~~~i;~;c~~•~ o~~r 'r'h~~ ~~r ia;atng ~~:z;^~~t~ ~ O~Q~€4~I" ~~ ~IF2~ - - ~'•cei; ~ :aE~~'~1~ ~ 3.3~ ~9 ! goo d3 e o~'Yg S 70~~~ ~ i~,r, ~~ at.?7 •>:c ~ ~; 'Yhance ~• _ a t arzg -i-h~ s~~tzfi•~~~rnrrrrra~ s~ a b a3~ a~ jai d St~~:~ ct ~r iys,ri~on c~~r~rsar~/rya 1 # a5~.# r~c~ ~ ~ - - i2 u r`s ~ ~ j sa ~ d: ~' ~ 4~ 1 ~ ~!~.'~p .' ~ ~ ~ ~ a 6 ~ -er.~' CryJ -~• ~ e7 e ~% `~ .a J~ { 4.' ~' ~ 3 ~ ~ G ~ c U l~ - ~ L t•~ ~1 j .. #~t =1~"~~'r1Q"~ I•: ~8~pE3~i i~~`t'; ttii ~w`°~3yt3b" ~~ 1€3i~aC~~} ~os•i; ~J ~l~'^~`~~B~.~G" ~~. -". 4;~•Q~} ~'aWa-b'D ~ yrrt3uCrCaC" E ~~;~o~~ ~'f~e~`~t ~ 8~c?~rQ~'" I; 27Q.~Q •taa-t'F _ - ~} ;3~'3q~0~ss c ~'~0.0~ ~°a~•A n t~ s~€°~S' i4i" ~ G~~ o6"t' ~Q~•~ •zo ~}-ie ~ou'fh • '. . r~~gh~'-tr~-i`-~~ray 8~ir~~ ac• infer:°~,•~~~a I0; •t-ti~n~~ ~d t~°~6'1S" ~ ~37a~8 •-. c~n•Y :-Yc 'Yhe e3~ay° d i~ r~i ~,i~~`rw~~~; m:r~<~~~ € 3 n*_-~ €3~ l' F. ~,~,,,Ka<.~-1•e ~f~ ~~, cS •i h~ ~c~s-I`FE•at=r~~• _ m a :a •~ • 3 i ~? ~~ ca •6 ~r i i i tr Y i I~ g~ `z ~~ o i c -~ h •~• i i i r. g s -t' 1z ~; ri a s ~~ 1 o n g ~~ 1 d a s ~~ ~-, o ~~ i~na a.a eha •~ai;~:~irrg cc~~~rR~~~o :s 2~`~cz~p,e~,~o~ 1T ~~t#803 iee~`f l~ 8~>".`,-;,~~,r. ~~r~.~~t~ •r"ee•Y~. ~:~ ~ur•°v€~ •r~ fia~rt~ :-t'g1-:-1' o•~ ~•r~rich i;~c-:~ ~ r'a~1~~ of ~3S~~r~%t) ~. •F~~;- ~n~i it-os-Tnr' anc~gc o3 ia~t~~:~",~ ..t•r~ IGr,z# char~•i a•€ ~~h1~ch he~r~ - S 7a°~.~~ i i" ~ ~I~.:~~ ~~t~~~;; •e ,,-~ncs ~1or~c ~~t d t'~c~r•~t~ r~#gh~t•~ofmwa~, .,- i 1 tin or ~ ctrr~~ --Yo •a•;ra r-~i gt~; ~,,,•zi ~:h his ~ rid € u ~ Qi; ~ 1 nO.OQ '~ee•i° . acrd ~ n•~ Sri ~'~r• r~~rsci 1 er o7 1~' ~ ~ ~ r.7" A -i•he, t c~t~g chord c~~ wh € ch hr=:~r ~ S - -~ _ ~0~29°4~;, r c~civ65 ies•~r°p -I"horrc~ S ~ a~'1 `d' GSs, ~ ~~~ a~~ •~e~fiF •Yi~~r~cs • I't 89°5~3ra8s, ~' ~L2?~'.~~ •i-o~-t' --a •1•i~a a~cs''~ ~it~e ~•~ uaTd Saefiiot~ 2.; - .- -~~hLnc3 ~ i and ~,~ i d e~s•~' 3 i ;~~ ~ ~"~.~ YQ~E` ~; € ~ ~ 1 e~~- i"ze i •t•o ; isQ ae~r°firi-x - •. was+ aor-rtc~r• ~:~•"r a~1d Sacfiia:~ I~g•~h~rscc~ ~#ang -Yhe r~txr•1'h 1 ins ofi a1~ 5ec;-;'irars 1~~t 5~3~` ;S' ~!i" t~ $~2~.2~ ;as~r-; fih:~i"~ca S 0°/~f 32'r ~ S5~d~~; ~ - fae~- •i'ra •t-ho rror`1-~11 >;-i crrfi:-o-~--4r~y i t rya o t a rr~'ar~•J`a~'e 70, •~ henc a a l ang - su~d i•rc~r-;1~ i ins S" 39°i~7~~" J= ~9a.SQ •;~etp 'thence ~t 89°5a' # 1" Iw - 9:~Q.37 'F^afi; •I'her~ce 5 0~~2Q~Q4" ~ 5i:3e~'a •r"aafi -~a -chp n©r-~•Yi rig1~ ~-~ of-Lay t F n© a-~ i :~ i or•s~-~'i'e~ '; Oa 't'hanCCr S G°20't~~" ~- 54fi, a3 •J'e~ ~ 1-a - $he Sau'Yh ~-Tc~h'--off--,•ray 1 ins of tniar°stE~~'a `~0; -t'hsr;ce S _0°20}0~" ~I2..ClC •E:eg; p 'Yhc~nco 8S°~2~42" ~ i~2~.QO fee`1•; -~henro S 0°O.at00" r, fi32~ . ~5 ras•t-; ~'1zo>7ca t~ 83°56' i 3" ~ i 31 ~. i I ~ ae ~ ; ~`hance S Q°QO c OOt, j 320..85 fr~a; -I'o -#';-ra narfihr•-os•Y carver of said Secfi# an 1 8; Th~:nce Mang •i-ha r~or-~'h #irio b-~ said S:~c+ior~ i8 5 89G~3s2,'r ~ 2~7>70 fs~-Y; fii~enca !S} 2/a~°0! v a9~~" '<°d ~~y8p~~ .38 fc~9•~- ~'a fiha~nc•~es~~/~ E {I~/n~e a--~7~.rs/a!/1~d Sec ~ i on I ~; ~"hG'~Cv N ~LI~ti~U a ~V" 1~1 J sLJ~ ~~.''~~; f J-~~ir~~.t3 3 ~QLIV ~ ~JV" ~ L f el-~iJ ~C•~8~ f -Yhence I<I ~U"QO ~ CC" M 7 . t~0 feet •Jro -t"h~ nasfi tine of sa t d Sec ~' 1 on t 3; •i'herrcc~ S 0°OC1pCC~" ~zil;:v3l i;a3•i•a sh~nca i•~ ~O°~3F?_~" ,'f i3fl5,€3~ fea-Y; ~•hancQ i•1 t~°Ci0 i t)0" i 3~7_.S8 i ra't' °?•cs 'r?hr~ sou-Yh # 1 nea o't sn 1 d Sacs' 1 on' 12; ~hanca a tnnc~ ,~ 1 d sou-t•h - i ing J'J 89°5:~ r 2~°' ~ 1 306.85 feat; 3'hsncY , N q°hc~r i8" ti'i i732.9~ -~~3~-Y; itrenc© N ~B~J`~~7s40" ~-! t t23.~0 feat'; ther~ca Pt a9"~l~?'09" .-t !5 ~,t o~-5 :met -1-v '3•he werr-1• I f~na of 5~id Geci-#an I ! ; thanco t,lang saki vast ii:~:~ t•J 0"!9°00" t'1 t983,#~ f•ea~-; °t'hertc.e S 8~"aU' S~," !F; X55'? .59 ~ac~ ~ ; •t't;arrca t~ (~~' l ~t0~" 1'! 65(l .59 foe-t•r• -hh~nGz-a ~t n~"~•`~r~7G" ~1 5t~2.~J ¢aai; •Yhor~cQ 1't 0~'Cl2¢f~t7" ~ [a2t].76 fwat •i`c~ -E•~~~ ~;ca,-,'-h 1 1 rio o f Said 5~tc~'i can 20 •t'h~3rrco r~a Y c?nc~ :~<3 t s3 ,cauth 1 1 na IZ C~3~"~,`'r,{~ S~ 3325.2 ;U~J~'; -Yf~csr~c:~ ~d f3Q°~3°~~" #~! ~uQ7.~ii far~•~ •i'a •i-hf3 •i•rua ~alr~': ofi baglt:r~trrgn ~ -track of Iacrd which can~•~in~ 6:~:~.454~a~t-es~, morn r~r• i c~ ~ :. , .~ • ~ ..- • ' ,' > • ~ TO;dy C;;~` 1~~:EL ST11TE oz~ =_:oLO~no . ~ETZTxON FOR 11\i.~l~:::~I~TION ELECTSQ:~ • xn accordance Gaith Section 139-21-6(2}, Colorado Revised Staff=sites, as a~:orid:d, the undcr5a.gnad Petitioners heroby respectfully request that the Town of Vail, Colorado car~ence proceeda_ngs fox' the holding of an annexation election to dc- terr~i.ne if the territory described in Exl-iibit A, •t~rhicn. is •at.tached herei.o and incarbor_ated by reference (the "Terxitor_y"} , should be annexed to the Town of Vail.. 'The Town Council. of Vail enacted Resolut~.on No. 5 {Series of 1.974} on ~`ebruary 19, 1J7~?, ~•rhzch found an anne};anon petition pertaa.nincs to the Territory to be ~.n substantial compliance with thv rcquirernents of Colorado Revised Statutes 1963, Seetian 139- ~l~-6 (1) and set a pt3blic hearing on the `nnexata_on matter for April 2, 1974. The undersigned Petitioners desire that the an:~exation matter b4 determined by an anne;>atian election. The undersa~gned Petitioners are qualifa.ed electors, resicle~~t in and landowners of the Territory. :. Name of Pe-t:~~;~.oner Date P~IaiJ.inr~ Address Owned by Petit~.oner Bighorn }astaL-es Tot~rt7hous~ carol S, kichards 3--19-74 P,O, }3ox 1.908 Lot 6, ktesubdi.visiot~. of Vail., Colorado 81657 Lots 10 & 3.1 13a~~;horn Estates STATE QT' COLORADO } , ss. ~ COUNTY Ol, E.AGLE ) ~~~ ~-~ - ~ r~~l r'~ ~~~:~~~ • ~ {Signature a~ Peta_tzonex) •~ The foregoing Petita.an for Annexation Electi n was sub~,c~'ibed and acknoti•~~.edged before me, a notary public, by ,;~~~(~ .S' ~~~ c /~~ . ~c, on the / % ~ day o f J1 ~f~~K,~~-. 1.9 7 4 . - . ~iy Notarial Coln~tission expires : ~/z ~' l7 ~ ~l'itness my hand and off~.c~.al seal. Notcir~r Publ~.c • , • ~ ~ . ~.~~~~ ~,~/J ~.f'~' Vii/ . ' / ' '~ ~-~~ ---~~''_~ . i//rte ~-~-- ~,.~ ~ . _ ~~-~2 ~ ~ r ,~,~ ~- i~ ~~ ~~ ~ State o~ Colorado Caunty o~ Eagle • 5ubs~rihed and ~~aorn be~oxe me this 26th day o~ March 1974. ~r ^~ //)~ /~ yy/~[ 111 Glf.:~t l!!J,;s Ull i=i.~i ilVS 1~7~'L":i~liVl .1~ ~ J! Y / i~ i2c?s i:~e J~~~fr y . ~~otary ]Pub~.ic , .. y/~~~ ~/' . /` ,- r ~//~ r l • • • • l ` ~~ ~ ~~ c,.~ ~~ ~~ ~~.~~~ f ~~ a {1~~ ~ ~(V - ~/ ~~~G`~ ~, .~~~ _ ~ 1~`~~~ w i • . • ~. ,, ~ X I I I E3 I T A L~G/~L Df:SCR i l'T I ON A parcel of land lying !n th© south !/2 of Section 2, Township 5 54uth, rarge~t31 crest, Cho south I/2 of the south I /2 of Soc-rlon 3, Township 5 s~iouth, ranoa t3 k wost, tha east (/?. o f the northeast /4 of Spct l on i l , Tot•rr~sh i p 5 south, rancho t3l west, the west I /2 and the soul}east f/4 of Section 12, Townsl~lp 5 south, range £3! Crest, the northeast I/4 of the northeast I/4 of Sec'tlon 13, Township 5 south, rangy tai west, and the nor thwesfi- I/4 ofi the northwest i/4 of the narf-hwest i /~ of Secti an I t3, Tawnsh'r p 5 south, tango t30 west ofi th© 6th prlncEpa! riterldlan, Eagle County, CoEorado, and described as: E3eginning at the southeast career of said Sectlon 3; thence a !ong tk~e south I i na of sa I d Section N 89 °23' 3t3" ~! 3678 . 17 feat; thence N 63°0I'2~1" £ 665.00 feet; thence N 17~0I'24" ~ 255.40 feet; thence N 5t3°O i' 2d" £ 3}30.00 feet; thence tl 15° k 0' i3" 1'l . 1?_G,~! feet; thenc© N 70°39'43" E 230.00 fee-r; Chance S b7`'20' I7" E 300 , 00 feet; thence S B3 `'2.0' 17" E 300 , 00 feat; -thence N 8`'38' 29" 1•J 4!4,45 fae-i- to -the south righi~-af-way Iine of ~interstat~; 70; Whence along said south Ilne on the following courses: S 89"59x52" £ 86$ . t30 feet, !~! 65`' 10 t 31" t: 32.95 feet to they norths~rest corner of Va ! I V i ! l age ~ I even-f~h i= I I i ng ; -thence a I ono fine waste rnmost Iine of Bald Subdlvis[on on the follo~fring courses: S 0°04'x7" £,27.22 feet; S 30°46' I3" t~! 194.73 fce-t; S 50°35' i4" 1~1 52.77 feat; -thence along -rho soutl~er°nmost Iine of'sald Subdivision on -the fol lo~'ring Courses; S 62°0`1'44" E 564.72 feet; S f30°32'00" £ 225.04 feat; = N n5°2II'00" i~ 280.00 feet; N 64°2x'40" £; It30.00 fee'r; N $9`'5$'30" £ 4!0,00 feet; N 74`'00'00" £ 220.00 feet; S t39°39'00" E 270.00 feet; N 33°30' 00" E 220 , 00 feet; N 14 °5G' I t3" 1; G2 .67 f ee-i' to the south r l ght.°o f-way i I no of I nt~rsta-ro 70; -t'hence N l 4 °56' 18" Er 337 , 48 foc'i' to thy; nor°th right-~of~«ay i ! na of I n~-ers~'ate 70 and Cho southern- most i i ne of Va.i i V I i i ago T~~re i fth f I l i ng; thence a l once sa I d cortrrton i ina an tlt4 fol lo~,~ing courses: S E37"33'05" £ tai I ,08 feet; N 86°41'40" I; 6',5.34 fee-r; -a curve to the right of -•rhlcli has a radius of 2190.00 foe•r and interior ong i e of 7°! i' 20", -the long cliord of which bears S 75°06'Ii" ~ 274.59 feo-r; thence along said north rlght-of-way !ine on a curve to 'the r l ght ti~ri3 i ch has a radius of 2 ! 90 .00 feet and f nterl or ong I o of I G 47' 4~7", the 1 onq cl~ord ofi which bearer 5 70°29' 44" E; b£3.66 feet; thence S 56 °! 7' 06" lr 4.25 .70 feet; thenco N t39°58'3B" E= 2227.73 feet to Cho nest fins of said Sccf'ion 2; thence along said east i Inc 5 0°25'02" 1~ l3l l ,44 feet to 'rho aorttt- west corner of said Section I2; thence along -rho north lino of said Section it $9646'04" £ 13?.5.25 feat; thence S 0°?_2'32" £ 1364.47 feet to the north rl ght-:otwway I i rye of I n-rers~Yate 70; thenco a long sold north Iine S 39°i5°aI" £ 595.60 feet; 't'hence N 139°56'Ii" E 950.37 feet; thenco S 0°20'04" £ 5i~.23 feet 1-a the north right- of~'ti~ray line of I n-terstate 70; -hence S 0°20'04" £ 504.83 fear to i'he South r.Igit•r-of-way I Inc of Inters rate 70; (hence S 0°20'04" E 312.00 feet; thence S F39°57_'42" ~ 1329.04 fee#; 't'hence S 0°43'04" ~ 1325.45•feet; Chancy N 139°56x13"-E 1316.(! fact; thence S 0°00'04" i 37.0.85 feet to the northwest corner of said Sec-tlon 1 t3; thenco aloncd 1•ho north Iine of said Section ($ S 89"53':=t" ~ 2=57.74 feet; - thence S 25°0) ' S9" 1'J 5135 , 3F3 foe't to the west I I ne of sa I d Section i t3; thence Tl 90°00' 00" 14, 7 , 00 feet; 'thence S 0°04'00" ! 77 .04 feet; , thence .N 90°00'00" E 7,00 feet to the east Iine of said Section !3; thence S 0°00 ° 00" 6 i 4 . t3I feat; thence N 89°~3' 24" L~J i 345. $5 toct; 'thence N 0°00' 00" k 322 .613 feat to the south Iine of said Sec'ri an ! 2; thenco along sa I d south 1 I ne N 139°53' 24" 1d 1306.85 feet; thencca . t1 0°4 f3' I8" 1~~' 1312.99 fee't'; thenco td g9°57'00" 1~} I I23~~.90 #cet; Chance t~l (19"49'09" 4•J 1541 .45 feet to -the west Iine of said Section i I; thenco a I ong said west f I n~: I't 0° 1 9' 00" 1•! 1983 , E 2 f ect; thenco S 139°50' S4" Yr 662 , 59 feat; -E-honce N 4° 19'04" 1°t 6b0 .59 foul-; thancv N II9" ~'i9'06" rJ 662.59 feet; thc;nco L~1 0°OZ'~0" £ I3?.0.76 feet to Cho sou#-h llna of SaEd Suction 2; -t'hcnce along s~Id south -lino tt 139"52'42" 1'! li2a.25 teo~t; thenco N 89°43'45" 1~l ?_G9?_.5i feet to the true point of beglnnlncd, a 'rrac-i- of sand wltich contains 653,464 acres, meta err lOra• ' ,~ s ~, >w x i-i i ~ I ~- s ~' P.O. $ox 1908 Vail., Colorado 81657 March 22~, 1974 Town Clem; Town of Vail Vail., Colorado 81657 Transmitted herewith are petitions signed by IQ qualified electors who are resident in and lando~rners of the Territory presently being consa.dered far annexation to the Tocm of Vail. These petitions are requesting an election to determine the annexation matter an<t are in 'accordance ~ai.th Section 139-21--6(2), Colorado Revised Statutes, as amended The Territory in question is described in Exhibit A which is attached to the petitions, These petitions have been signed byt Jack Carnie, Joan T, Carnie, Patricia A. Richards, Barbara Rowe, Gordon Ro~+~e, ~lelen Spence, Patsy i3luntberg John Blumberg, Kenneth Richards and Canal Richards. These petitions represent gore than 10% ofc the qualified electors, resident in and landoE,mers of said Territory, We would ask that you present these petiL-l.ans to the Town Council so that proceedinbs fox an election can commence. Sl.ncerely, Mrs . Maccnie Carmo~ny Mrs. Carol Richards ~~~ ~. .~,a.. The petitions si,ned by the abo~re mentioned persons were filed in my office at .;2: ~C~P.M. on Friday, Piarcia 22, ].974 Town of 1tAil V C~RTIf'ICD COPY OP ORIGINAL - This is a true copy of the original hereof which is in my custody in the records of the Town of Vail, Colorado, 4 f f ~ ~ . Town Clcrk G (/ Tuwn of Vail, Colorado ' ~~ 'i. box i00 veil, Colorado 87657 (3031 476.5613 Div3.sion of Local Govt~.R.,k.~nt Department of Local Affaass Stage of Colorado 1.550 Lincoln Street Denver, Colorado 80203 Attention: Mr. J. D. Arehart r ~~ office of the town attorney 5eptc-der 25, 1974 ~~ ~~~~~' r ~ I Rei Annexation of a portion of the Bighorn area to the 7.b~nm of Vail, Colorado (y~"1 ~..J ~~ (,~) s `- Gentlemen: 'Ilse Fawn of Vail, Colorado, annexed a porti.an of the Bighorn area, County of Eagle, State of Colorado, through the enactr~nt of Ordinance No. 13, Series of 1.974, a c~.rt~ifiQC3 copy of Wi7iCl1 is attached hereto, said annexation having bec~ effect-ive on 5ept;,~Tlber 11, 1979. In accordance with Secta.on 139--21--12 (2) (e) , Colorado ~tevised Statutes 1963, as amended, the 'I~m is herewith suYami.tting to yow: office for filing in its records a certified. copy of flue annexation map or plat which indicates the area that was annexed. ' SinCerelyr ~nn,,"_ 4~ •Rosalie Hill Jeffrey ~bwn Clerk ~:r~tu'TFTID ~L/k~a'tJFiN RECEIPT ~~'~'~ RECEIPT FOR CERTIFIED MAIi.-3f)4~ (plus postage} /S~T~TO y~ f POSTMARK .~'/ // ~I ~~I/~~ J ~~l.P~ ~1~ ~ „ t1R PATE ~STREFT AJVO N0. / ~~ //) ~. Y.O.,. STATE ANQ ZIP conE ~,, ~ ~, _ __. _ _.~1~'i.v-1i4.. _ ___~ ~ OP710HAL ~3jFHYLCES FOR AOdI EDNAL FE _ --~ ; j p RETURN 1. Shows to whom and tlate deNvered .....T.^ 13d f ; ~ / ! RECEIPT Wlth delivery to addressss only ........,,,, ~• Snows to whom, data and where delivered SERV 65¢ 35¢ > i .. ICES _ _ With delivery to addrnssee nnfy ,.,,........ 85¢ tIELIUER TO ADDRESSEE ONLY .. - "' ...... .. ....,., '-- 50¢ ; ...... SPECIAI, pELIYERY -- __. . q {extra fao re wired) ~~~~.• .~ ........................... _ A5 Form 38DD NO INSURANCE COVERAGE PRUYIUED- Apr. 1971 -- f5ea other s;de~ NUT FUR INTERNATIONAL MAIL. a VYO : 197a 4 • 4tl0_y43 ~~. ~, ., • ~/ i ~~ w ~ r " ~ ....:.__ ... t. ~ ,, ea t ~o~n o~ Vail box 7 Oil nail, colaracfo 81&57 (343} 476-5613 ~: office of the fawn attorney September ,25, 19'4 County of Eagle State o~ Colorado Eagle County Cotu•thouse Eagle, Colorado 81631 Attention: County Clerk and Recorder Fte: Annexation of a pardon of the Bighorn area to the Towr- of Vail,, Colorado Gentlemen.: The Town of Vail, Colorado, annexed a portion of the T3i.ghox'n area, County of 1!,ag1e, State of Colorado, through the enactment of Ordinance No. 13, Series of 197, a certified copy of which is attached hereto, said annexation having beccg~ effective an September 11, 197. Tn accozrlance wi-lh Section 133-21-12 {?) (ci) , Colorado Revised Statutes 1.963, as amended, ttie 7.bwn is herewith suk~mitting to F<~agle County fox•filing in its records a certified copy of the annexation neap or plat tdhich indicates the area that was annexed. Sincerely, ~~~~ ~~~~ Rosalie Fail ey Town. Clerk I#AND DF.l',T~mxtFn TfFIS FA'I'R +~s.ik'7--~~vi.2-./• !%~1 /~].•tY'+-~G~.-o~a-... `~ ~~~i,~o.2.y~~ C-~~R.-~`./ )"'~ ((I/ ((may ~/,'r f ~G-Y--G~ ~~il-~---cam?! •._-,.. C_G=•l ~.G-f~C.y~ci ~~.--,_,~ ~''v ~ ~a a MAXVJEl.I. i2. ~ ~P C~a~.~`.` (~,,,~~ K .~ f: A }~ I 17' S 1 4 nr ;raz.u'rr~N I~~. ~ Scf:io, of 1.9'14 Ij A RLSOI,U:'.'70:•1 F:FrGF~I:i?T1;G 7`IIF~ 1'ItDI'O.~l,n 11~1I1L'};71TION OF le I'OR`].':1:0:1 OF '}'iIF; F3xCaIiORti F:Ft:•,'r~ TO `1'lif, TOS;\ T!}RO<,GI} Is-ti A1~IC~Y1~'i':[031 I1T.;~C'1'10i~ tcli};rrr~,, t}z{, l.andai•r31cr_ , oL 3r.a3-c L-h~~n fifty pea' cent of a certain pc~rtaan ~ol t}1{' }3ic~hazn area of i~he Gaun'~.y of }~sc~}.r., St~3te of Colorado, on the 19th clay of 3?e}>>=ua~:y, 197, i:aled un ~-~nnexation pG'~1t:.J.On t•riL'i.1 tho '.~o.•I!1 Clcr}: oL- the '.I'o~•:•3z of Vaa::i, Calorac3a, }ioreina£tea: refea:x'cu to as t;he '"Z'4wn" , xGquc::~i:i.ncl c~3lnexaLi.C311 at t.he: L-er>"i.toa:-y c3eSCI: i.becl t}1erG'ii: i:a the Tn;•r3z; i•;Hi';RL;AS, the Tn,~31 Clnr_}: a^eferar.ed said a3lncxatrian }74Ua.tion to the Ta:•:n Counc.i.l of t}1e Town as a ca~:3munS.catio3l on the 19th day of k"ebruaxy, 1_~7~k;. t~'FirF:SRa, the Ta~~;n Council. in its regul.a~: 3i~c~etinS} 03.3 the l.nt}1 clay of Feb>:uary, 197~~, found said ~3nnex~~3t.io3z pc~tita.aii td Ue: in sulastanta-al Cot11p~1~31C~ ~•rith t11e ~~GLi3.I:'GI~t~T"1~:~ o~ Colo~:ado F',cvisc?cl StaL-ti~i:es 19G3, Section :L39~•~a.-G (1) , and anar_tc:d P,esolut_io31 Ira. 5, Series of 1.9'l~, of the Tavan of Vail, Cal.artcda, esta*71.islling the ?_nd dat+ of .i'.pril, 1915, at. '7:30 FP,, X31 tY;e Municipal F3ui.lcla.nc~ at the Town, f:o3r a }>ub~.ic lleari3lc~ to cic;tex'~- ~nir~e ~:~hether said annc.~::atian 17eti.tion comp_li.c.rl ~•rith Ser.t.a.ons 139_?l~3 a31d 1.39-21.-~~ ar tl:c: appl.icaUl.c portions thereat; j~'F-IER~:[~S, ~3t 1•C'r~St- t:en per cant of t}1e e7 ectol:s, ~~rho arc .3cesi.d~nt i.n ~33a1 J.andc~~•ane;^s at' {:o }1U an~le:rc.d, ~,~}.~ich i,s sitv.ated i31 a cou!1i:y of f'3.ve th4~u:~ar~d inhuba.tarst.,~, ti-led a pc~tat.:i.r}n ~~a~ c~l.eciio:l t,~~_L-h the '3.'o;•:n C1ez}: of t}~e Ta~~an on t3~c: x97r, tan daya prior to the public heaa:i3~.g o:;t.a; >t~eso:i_ut:i.o31 Na. 5, Series o.~ 1975; ~ur~litic'd the: area pr.a~?osed cY31 i13131C'_?;i,t:].031 7_:?na day oi' A1a~'c}1, Jl.i-.`ahGd ~~r j^~}IFRr.~S, tha '3.'o~~rn C1e1°k xc:fc:3~z~ca s~~a-c3 pcti-tiara f~nr <i31~1e~;ation c1.eCl:a.o31 to tl.e, Tot•rn Cau3lci-1. as a conut3uali.aati.a31 at the scl3cdu3.ed pu}zlic heara.3lg o3~ said an31e}:ata.c~n pout:ion a31 the ~Il{3 C~i~y O~ ~1i},~x'11. , 197 ~ i t~7JiE]ZL,~S , t};e Ta::n Coti:;lca.1 an said public he~a~-i31cI CC)37-- sticlered boL-l7 said {~nnexat:ion I?c~ta.•~.io3-; and Sc'lici petita.on for anile~ation c:?er.~:ion and continued Said }1ea~:in, to t}1e 1.Gtla da~+ o}L' 7~}.~3°zl., 1.97; and t~}-I~I:I;1`~a, Section 139--21-6 (3) . Cal.orado Rcvi.sec~t Statutes 1.9'G3, prov~idc~s that a petition far anncx~-~ti.on electio.l ~S.1.c:ci purl;rant to Sect.ia31 1.3c..'--2}.--G(2) ~h~~}-1 take p~:ec:~clc~~:co over an ~~nne.:ation p~t:.ii,i031 tiled pur~uatlt to Secta.on 1.39--21--G (l} , provided the petitia3l for an3le.:ai;i.on e1L;.tion is fi.lccl at l.cast te3~ darts prior to the healing date et i~or the anne::atian petiti.o:3, AOF4, T]IrF23~rOF:I;, 7~I; TT R}SUL' ~7I~.D }3~' ~`I33~ TGT•~r1 COti;;CTL O}? ',I'}iL TOZ';i~ Olry VEiIL, C:OLU t~~ll0, AS 1~Uf.,FJOi•1S : 5ect.i.on 1. Title. This zc.:sa}.uL•ian sha11 },e Y.no~~t3~ sus the "Resolution };eg~:r:c3i:~c1 1.'ropa:~ed i~i.c~horn t"~31n0xati,on '.f'hro3.tgl1 a31 ~nnc;x~~ltion ~lecti.on" . S('Ct_7.(~11 7. 1?cta.ta.c~~-: fos: annc.~xat.ion e].c.ci:ion i31 ..u}~-- .~itc~3lt-.i_Fll. co~ni.~li~~a~cr with ~;nnc}:ai:.ion stat~utre. T}7 C; :;r_llC~ }~c'l:l.i_i.U11 1c~3° L11731C5C~if:1.C7n rl.cct:iarl i ~ j:C11111C~ t:Q he x.31 :sllf):~t~.ilrlt:i~ll CCTIi(])].l.ii)1C(. 1•Ilt:.l1 t<hc ~_c~clt_zi.z-crs3rr~i:s of Ccs}.c~3^_tcc3v }ZcV7.:;c~~} ;;t:..:t:ut:.c::~ 1.9G3, Scci;:i.a37. 1.:}~3~17. •t; (~) . i~ Srct:i.aiy 3. Pcatit.ion for anne}:atic~n election ~cccarded p~'CCGdC:riC~ ovciY ~in~.~~:~~tion petit:ion. ~.~ur:~u~7i~t to the provisions o£ rcact_i.on ].39-21--6 (3) , Calvrado Rr.vised Eit:atutes 19G3, said petition fog anne::atiat~ elecL-ion shall Ue aecoa:cied precedence o~cr said annc::ation ~aei:ition. Sect.ian h. Public hcari.ng on petition fox annexation o].ecti.on. . 'P}Ze Ta~•rtz Council ,ha11 hold a public hca~:ing to detc,r-- mine what}:~~- sraic] pctitior- f'or. anne~:ation elcct:ion cor,~pla.cs tai.tll ' Colaracio Rcviseci ,~i.attlt:c.s x.96?, Sections 139--?.1--3 and 1:9--21-~~ ar the: Gpp].i.cr.lale pozta.ans t.}~creoi: ~-~s r~,C~y 17e ric~uired to catr-tb~.ish e].ec3i}a a.].it~r for a:zne.,at7.on tzndr~r 'l:'Ize ?~i~ani_ci.Ear~1 11i~nexaL~.can Act of 15'Ga, acid hY•azi~zg to Ue hold at a regul~ir mc:etinc~ o£ the Totti~n Council on i:he /it:h day of Jun., 197, af: 7:30 P,•}, in t}'ie T~Sunicipal }3uildiny o£ tnc~ 'g'own. Sec;:ion 5. NaL-i.ce ai= publi.c l~cari~~g. ~'l1e Toti•rn CJ.cr}: sl~a]..l give notice o£ the aroresaid ptalalic hea~:ing in accoa:dance wit}~ Colorado l:evi.sed Stattttes 1963, SGCta.on 133-2].w7 (2~ . Section G. 1;~fecta.ve dut:.e. 'Phis resolution shall take eii:ect upon the p~.ssaga ?iex'eot . TNTRODUC1vU, R;AD, A1't'ROV~:U, I:ND 1N~IICTLD, da~~ of np~'i1, 3.9'79. i• A'PTa".'L.~S'S ~F' ~~ . 'CERTIFIED COPY OF ORIGINAL Tfils (s a true copy of the original hereof which is in my custody in the records of the Town of Vail, Co}arado. Town Glerk ~ G'~' v~ Fawn of Vail, Colorado t?i i 7 1 G t}z r ~r~•+~1~,1~' n~t°°4 /~ 'S ~ ~ • r .. ' ~ ~ ~ ti ' Y p v " TS ` ' ~ ~ ~ C. O ~. 3 :.j ~ ;~ 4~ r ~ ( } f' ~ n' ~'. n rj ~,,rs r: C' x `° y of n .. 't,'~ O ~ ~ ~ . Y O -•~j ~. ~- ~ ;n to '~ ~ ~j f • h O ~ . - r: ro ro •n ~ o :. ~ a .O n M 't7 r ~ ' pp++ C o ~. ~ ~ O n ~ ¢ ~,,.'', r n .`mss y ~- ' ~ ~ ~ ~, ~. b ~ ~ ~ CS ~~ ro ~• ~ ~ "' R O ~ ~ . ~ " •~s c. ~ ~ ~ :; :~ a .~ .~ C .y I~ r ~ ~ ~ ~^~ ,~ y ~ ¢ i S - \ ~, ~~1LLLSSC»`•\ -• ~ r ~ p ~ ~ C . •~ ~ rib wry, a ~ ~ Sa. am` CL r].'[f n " ~`~ ra ~ ro {. ~ o rn n: r I n o r „ m v ~ R: ~ o ~ ~ c . ~ _ `*t•' a h7 . ~ ; f~ ~ t.y ` ~ ~ v,y n ~ ~ o• ~• s ,~ o ~, •~ ~ ~ o ~ ~~' ~ a ~ o. -ns. ~~~~~~~N~ rY '[7 fin" p , r~ ~ .,. O ii O 'cs oa ~ ' ~H ~ 4 D n ~ (' ~ ~ ~ p. r 0 A. ."'f. M e ''C r~ O N H c~. O rn 0 m K M n -[~ r N y H M n ~~ °o 0 Li r H_ z wO GNr+i7 C1 Rnn~N ti•V9na?w 7s+ n -. •• a .-.n b OrsNw,naO ; .^nn .+-e O n-tw0 (1V O W:? na O C ~~'.G ~n..O nr O~~On n`L ynN~ rw07 ~UO ]FnC a "~" r'O nn re n00r-ia0~0 ~_.~n~o~t~a ..nn'S1,_c3~y: ~.n~^.aa`;un {^V~n~a_.d~nCC°~°, 'n~a3~'c~~ .~~°s~`•~'r~~pz~ ~NOnoxnc', Y°~~ oT-.. ~n3o~ Tvi~. 7b u;rcn 7° xOr~°-,~c n'- e. ,oa~i; ~r~`, ~`c'r~,t~~°n3 o n-in ~°~ ~~rxi7 ~)7 f~4A ~ " ~ r. a : „ r•, fl ~ ~ a ~ c fl 7 a n f'k ~~ ] :.:' `• C fl ~'• q -• U ~ O ''' _•. ~ J a F ~ .. O n n Y ,.t X" n O .• "Cif ~~~ o.~n ~;m~.o7°g'n<'.nU vm.. +~a ~Jtn•°r'~,J~L'oe `•F~n''drr~a"~ ~n7~_QO~m "~~pDvvr m t~ t~ ,"»?`on Wr. ~I: ~•`•~~,ux.,7~ a ~"an~Ntia~~:.~ ~ o~cN ~ E'` 7~+ ~on~c°iN _~~n{^vooRtn O, Ow x~r~i 7 `N ~:Cj OQ ~~ l'`~ nano ~^JN, `a~~• noatir o•N,~n'a~'ae naL ~~nar nr;U~~}.,o~a~' n' r.]~'• ~~a_ae,~AnK' DpO~ nC -`.'0 c' y...^c'•1an ~> o _ •-'^n'n` ono °^ n~aa'..7o~ ^..a~..on.a an~+o t5v DARE Fed ry~v j'u nfn, .: un~~ ~ ]~.pp ~ j aO?q Ye;C U7n•-'r7„ ~~nflOVanC nbvOh0-i ao x~ ^o n nO~N~ nn zD~V2 ..q - ~ ~_ M1] n n a s a _ a x ., cc .a 1 0 0 3'. a 0 7 -" ~ _ °: ~ n T c n- -{ Z ~j nµa r. :~'~_~ 7::co y~:a n a~ ua ~' a.. -emu .-.p--o aaon r. v ca ~~~n au y Zh ~ -~J ~~ a s :, o] `< a p p o _t K o u a -r '~ ~ f H n i, ^ 0 7 a~ G o »~ ~ a `I n .n o° .: o a, ] Z q Z A h 7 n `• n~ v ] ~ ^) ~ O •G n n] ] u" O n 7 .~ ~ 7 +r n O a -' ~ G 1 n 7. -{ 7 m ., op ~`c:. ~~ °~ `nn `~ 7 ~ r' 7~~on 3 ~~rx,? ~ ov7n•d;~~ a~~°~ °O~'n ^~~~ 3 ~a a ~~~n~~ nTgr+in ~ L:y _'°" • 1• °' ~ o o-^~ 7 ,r;• n -• Y a _' N a" f v t~ !; o u a°„' .. a"° ' o_ ~] ri o y .~ o u u a X rn -n X D ~o r'.t0 ~rnx e. ]„•" "° naa k?~x °O-n~o ~~ oo~ o n,,E~a" ~A7na7j n~' r: x ° °opn y.{ DA ~~ _r.v n r^n ~n eC°.. ••~ 7 :w a awe ^_ ~.,oan 7t~~G7~a »r• -{p~-i~ •~~ ~..= = ~;;°c w ~^ 1,°_ °o~ `a° crvr' ~ o }e,n 7°0 3~o'~~=n°v`-n~-a°_ o"' ~ o r `; hay`o O~TOZ . 0 0 o x ..aaaoo :':' 7gn7a •-anua x ai, 7n a: a ana •. ,.nan n~• :'anarx•[ ~ ..r.oz oa,;.-n. na 2Zf6Z4l r"D "{I]D r-'D C Nu0 7 OvC OCn--•rNn;`V tl ho- p'O O C n b n -• n 7 n ] a w v" C n 7 n O rv, ~ n Vf n v a ~ n j~ G ~ < n A ~•-C ~ u ~ >'3.'0 _{rt `° i n ~U.. 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D -• O ~ A l1 ~ A ' W z h nWa Ur, °~Xa nuP1OJ a ~' ~ ar. O ., CC y' 77 ~ 1•{try • i. b Dq -~ s ~°~ { ° `=• F _` =°na an=l:ry ~ n ` 9 on"~ a o s p~'~. 00 ~ a•-~ Q~ fry A n Np., n tp~ni; ••n - pr«:An ~ O 7U00 nn ~ 3an 3 > c qa F' O h S O ~ t'1 ~ `• n~] U ~ `~ O O° k n 0 r, h 7 7~ .p r! n ] n x h x O t yr O O (• z .~ T" b V~ D :. ~ <,n q C t. c :f es n.. cat y n o ~.: O N e. ~-•a e: ~ 4 y av f O q01 ' b O p 6 7 [J » ~a o n ] y n ~ O a ano ' 6 r< o rl ~ n ~ O n o m n q< •ca .,~~= „. n3m r, .n .r aoNaua d a p~ao~ ~o ;'r4b a n a ara,Gn c~.ry~-1 0 ~.I~IHX~ .. I• r• ~4 ' "" - ~~ puc~~Ogq~~c etiiN~ pq ~i ~ • p v ~ ~> M .. 9 :j C v 3 rj q fJ~ ~ rJ C V u y Y, p OP~S ~3 ~ qn •, ~3 F y uLC a O. u a,Uhti O ~ C _ fJ C1 C •• `^ q •!'i! ~ 5 n C '7 ~ ~G Q o~"'aNxu 3` A Q -ri si~~j 04 `uuoc~a°col-~~ o ~q ~, 7 ~ C~ C p O n A Q c} L 3 ~ d '~ c .~. ~I~ -~ 7U nU U 7 « II t~_ OIL ~~D _U ' o p v a :. '~ n 0 u N ~:'~ C3 U.. ~A ~}r nA'~ ~ hqM ~; of~i ~^ ,~,... ~ n A ~_.1 ~fA >~o>~b ,U~~u r~ ~ ~x aQ C:~ ~ . ~ cuaa~NUria`c''~4~orp ~n~ ~~.+ ~•'yp rs. •c `c p o no. u ,n a bs .-, ~. o h o o r., o ¢ a 1- Q ., .i w w ~ 4-a ~ ' p oa ~ d ~eS Cl .~} .a 4.e d ~ . _N ~ ~ 3 ~ , W N ~ AGO ~ 'N 6i Q pCCSr •y ~ ~ ~ ,Q~ ~ O ci f: a O ~ ~ vii I ~ T ' lis 6Wi ~ vOs• ~ .tom `'' r ~Y ~ ~ O 3 ~ ai ~ r :~ ~~ ~ ~ ••~+ p y cj n''n O vi W ,,C„ 'cLai U f~ ~~ d \~/ 7 •`M '~ `L,}{ '~ at{ W ~~ ~ r 'r' 'Cf CL ' ~+ ~T"~ i ~~ F ~, ~ Y; .c: :> Q, " w is O Is,=AJ1 "v 1»~ W I'CJ ~ C, CU2. ~.U ~N >+ .~ H i7 ~ a ~ r-~ H M ~ O w sr ~ ri ~ 'N 'C7 ~ a.O~ .y ~ 4-1 •~ b ~[.U o ti U N .°3- N ..., C. cp, }a 4-, ~ y'~, ri , C~ ~ Q1 rG' ~• ~ ~ y CJ ..L: ./1 C7 ~I O W 'Cpl ~~ G; '~ "' 't] O r+ ~ ".a U .~ ~ O tai N V ~ \`3 M .~. ~7 C:.4' ~ ~ G •x7 '~ .. C4 a.~ W. (~ r~ r•'r i^ti M ~ ' ~ ~ U .`~ •^ ~ N 'Q C] W- r7 ~ «'3 41 . ~ t, w' ` ~ O ~ u. ~ 4 W 4-e .-r a y..~ ? ~ O i3 O u ~ cl 'r' w ~ ~~ O .~ '~3 O O P .a ~~, G4 ~ ~ ~ P t, c5 (n C~ .L ',J S' O ,«^ ~ O ..ti V31 ~ N Q J U r~~ ~r N ,J] f~J~ ~'' G ~ c~ O ~ '7 W a) O (~ .A ~ ~ U W F-~ ~ ~ f7 'C' '-' 4 'G G'~ ~ CA ~ ~ "u 'C7 N yJ C •~ ~ O O t/} U ra ,~ R. ~ !1. ~ nS .~ , . c, ~ H a u O~ A. r-s ~ to .~ J ~ .. , / J • ~ ~f EXHIBIT ! Scxie ~ a!' ~.97~J n srooT;a i;rsc~r,t)`r~:o.J r.:c~:~zr~x::u ~~r;r•. ~~;;c~r~~osrr~ • IiF:::)::1: i`k'7O:v Ot :: F'E3n i ~ C'.: Gx•' 1 ))~ :3.!~GIiC)?~:; I~l=:)~7t 'x~ `1~'1))~ `Tl:'s;i•~ `.!'f?T2Gi'Gri i~:•; I:::iviaXi:'~~G:~t ELr'C'i ~.Q:) }•}iir'!?F71fi, ~~t: a.cri•t: t:nn pc?: cant o~ the quali.fic:r] rl.ecirors, t•;ho axt? z:esider,t .~.n allcl ]~:nda~~•:ner a~' t}',e arr.a ~~rc~}-:o~~ci to be annc~icd, t,'}:a.ch ~.s sztuat~d 1.12 z caunt~~ o~ ~.c::_s thazl i:t•;er.f.~r--fa.t~a t}7ous~tnd in}~~:k~ital]ts, ~a3.ed a pe;:ition for Kit] al~l]r..~..:3.U1~ c-~iaci.~.on faith the~ta~,•rn C].cx}: t~~ t}~e ~`ot-„^, of E'~il, 'Cflla.r.Gc3o, hGZCinafter 1G'1:(:?=?'~d t:(~ ~::i ~~"lC~ "'~'f?l•?1]" ~ Ui7 ~.hC'. ~?~]1Ci c3~;y Ut t•)arrh, :La7~ , .ten caa~.u }~~: aot to t}~c. pub].ir_ ~ };r•r;~z~:i.l~c~ ~c~l] ~-n ~.r~ne~c:~t-i.cn ~~E~'t;~.tian tti~h:ic}] tans estctblisrlc~d by ~Zc~:~c~]_i:~ta.csn }~a. 5, 5::~:a_e ci 13'14: ~rli}:,3':T;.%~;+, a.n ~ ptab1.~.c hr•..ttza_~Zc; c?1z t.l~n :I.Gt}: c~a~> a~ It~~ra? , ].°7~}, t}1e '1'E~ten Cc~t~nci? a~ thc: ~'ot•~n c:a~]sa_dc~:c~d br~f:}y sa~.E3 a.nl~ex~z€::i.E~y] ~eti#:ic~l~ aria a<.tid }7e:tti:~.an far anl~Ei: ata.on e7.c?cta.r~~~, . c~~:~JG a7r~c:cdrl]ce ;:ra sai.e] peta.±~a.oaz fox' anlzc«~~tia17 c:].ect::i.al] in arcc~r_c]~!1]cr, t3itlz Section ]...^-,t~•-.71~-6 (3) , Ca3_a?_at]n }'tevi~,c-:d ~~t~~t:ttt~c.s 190,3, as ay:te~ld~v:1, :"C711]lf7 s~~7c~r.:}4ai.ian pctit~.o:i to 37 E: :in sub-•- stal]ti~tl can~i~I:;.anca grit}] t}:e rE?.:,uirer~~el]ts ai: 5ec:ta.c3n 1.33-?.].--G (2y , znd en~ictc:d Rc-so.l.utian I';a. 9, Se~~_t:'s o~ 197<, thicl] set: ~ :~ccol:cY public heax'inq can said e7_ecta.an Pcti•4ian at ~i.}~E7 xec)u].ar . - rteeta.l~:,J o~ the coul:ril an tl:e ~;t;}] c3ay of Jui:c, .L9'14, aE: '7:30 P.t•7. , in ~:}]e 3.1u.ni ci.}~a]. }3u~.].c:irc~ a~ the Tra~•rn, <-~nd .' h'Ii)r:I,'1'~a, the 7.bt•:n C.lr~r.}c c~a~~e r_c~.:ice ox the ~~titb].ic i],~ara., r nn s~:id elc:ct:iol] }?eta_tiE3n to k.G }]clc] on the f t.l~ dad C~: ~L:liE', ~.~ ~~~, ii t'. 7.3U f'.I•I. , iri i1 CC."U~:C?c; 1ZGC• t']~t.}] v[.Ct~~.Di1 1~.1-21 7 (1} , CItS 1.Ji>3, z;s ~-t~~ac'17C•:C3C.~ rc.cc..ivec? pl:oa; o~ ~~uJ~~lic<.~t.i.o~z of tlzc rc~c]ui.rc~ci notirc~s, and ctt~:~r}]t,c? i.}~e cr>rti_farai:ca o~ }~u):~].~.cata_c~l] a~: i:l]c~ 1]CtdB}_~t }?[~T.' i:o ~ tl].d Rc ~o].t.lt:i_al; t~c.~ . 9 ; . _ 1 1 )•u~~1, 'r}}}:;;r:}.~O}.},. ~:~}: z~~ I~}~'~OZa~~]';~ }~Y 'r;}~: 'rot~r}~a cavi:Cxr. ar '~.~;;}~ `ra,c~:; o.~ vr~x;c.,, eo~~a}7~ ~o , ~~ s }:~aLx.c~t•~s sr~ c t ~.n ~, a.•. T z #. ~. c~ . Tha.~ r~st~.lutS.ol7 s}7a3.L ba kna;~ar~ as "IZc~~alution ;~7, ' . I:eraxda.nc; i'ic~~~n~~ec? T39,c}}7Urr~ I.nnexata.on 'rh~:ati~h an ~~nnc:•;atiary . cer.#:i.an ?. l.'llldi~lcJ:; of f~.rct. On the bas~.5 of ca>77pC:#:f'.~;t c:\~iderlcc p: C ~cn~ed a.n t}~te: pub]..1.c }learirc:} all 'the petit~9.on i"a~~ annc,.:atiall e~].ea::.~.all on #-.he nth day cf June, ]_97~ , at 7:30 1'.2;. , thc~ Toy;+n COU17Ci.]. of t}7c Tatv~l o~ ~?~~i]_, Col.ar_~:c]a, ~a.nc] a31cx, ci~i:err,~tiries• as fa].~a~•rs 1's. A#: 1ca~•,t anc~-r:,i~,t:h a~' t}lc pc~r~.Ir7c~t~:~: a£ the area pr. a;?osec? to k~e ar.Ilexc~c7 ~. a cc~nt~.rt~c:xtas ~•,~~,t.}7 the 'T'a;all oi' Vaa.7- r Co].ar4zc}o, t},c~ G.nnc.s:illc3 i~r~unic].;]~~ ]. i ~:~~ . }.3. X~ can~n7runi_i~:.~~ o~: S.ni~r.~r4~~t c~:ist.ra lae~}:.~~reen #.hc~ i:ars::~.~t:oa°y proposed t.a }zr ~~4nnc?wc.c'i. anc~ t}-r c: ~rr:31c~>:7_nq Inul~~i.c:i.p~r:tity; tJlc terr ~_tory ;;:,:~c~;?used tc> },~c; allne.:c~c] a.;~ us:}:,~,n; <}nc1 tithe tex'r^7.•~.or:~f Yrt~pc~scr] tc~ bc: ~ti.nexc.,c'i is a.nf:ccaa:'<<•LGd o3: a.~a c~lpab].c off' bes.n.c~ i.r~t.Cgr~ate::i t•12th the ~inllexinc3 r~~t~r7:ic:i.;~~~la.tl~. C. ].n rst~rbl.is31].ng tYic~x l~t7tanci~ar:iCS~, o}w t}le ter;=ito~~y prapa:~ed too be: a~.nevec] t}le>^c~ >,~as Ilo c~ivi_~air~rs o~ any parcel a~ ].arld t}7F~r.c:i3: }lc].d :}.3~ i.dG3•,t:ira]. c.?~,~nc~cr~hil?. D. '.~}7c territory }?ia;aase~d to be anlle~;ed does not a.no3.uc~e an a7-ca a~ ].F131C~ Jlc:i.d i.n ider.i~i c~~]. o~Yncr.:~ha.~~ tl3at ca7ls~at~; o~ t~ticnty aczas ar ~rnxca a;}~ic}l, ~:c~+c~#:}7nr ti+-~.~L}r the bu~.1.~ii37cjs and 1.317~~~0\'';~1f3:7#:`~ S1_#:tlt?~CC7 t}~tQl"(3Q31, }:cIS ~I7 c'1J:']C~:IC'd Vc~].t7C lI7 LXCC;.~s 0>4 t~,Tc~ }lwlc]i:r..d t}7vus:731c~i c1o].].ars Sar ad \r~al.urc•In t~`a~: l~ua:;~o:~as in 1973. L. ~~a annC::cat:i_c~n }~~°occr:cli_37t; ca~7c~c3:r3ir3g Zny ~~a7-t at thc; tcacr:i~:a~:~~ pra]au cc~ a,:o bc~ aIll~7cxcci }l~z~~ }:~r.cn cn:t7~r,enc:r•.d J,y a31c7i:hc~.a- ~ • • r. 23u•-~u.~ni. to t}z.~ pc•t~t-.xon i:o1- ~.nnc~:atzon elect.iun t~hicll tta:~ fib.^d t~rit}1 ~:1zc an:.exi!?q munici.p~llity, d11 ~it-~iyexution e~.t~rti.o11 i ~ rec,uizrd {~o c?c.l:erminc~ the mati:ex' of the pxapcsczd anr-e.:a4:ic~n. Sc•c:t?.c:~n 3. Ca;~r.l.uu~ons ana C~C?tf3l'i~l].11i1t:i0J1 i . F3asefl on ~S.ncii.ng ~ of fact sc:t~ ~axt.l i!z Section 2 lz~rco`', i:he Ta,•1n Cotll:c~.l r.e~:ehcs i:lle ccl-;c:~.us:i.cn.: ~:rd na}:e~ the c~etcx- A. 'the rocjuire:~~tor,ts ai' thG ~~.}~p1.~.c<=lade iaar_ is o~ Sect:io~ta x.39--?~.--3 and ].3~•-2~-~!., Go~oa:~U.U k:~triscd S~at~~tGs J.9G3, as a~:endr-.d, l~lava been lr.eL- ~:ith Lespec:t to tl:e pxapasc.d annexr.;:ian. B. An anr~e~ation f:lec~::~.on ~ithallt the ~.n?positaan ac t^s C~ d l ~.:1 G )~ c ~ t G 111i:~ 11i C~ C On ~ '- i:l U 13 ~~ :!_ ,`,i 1' e(, Ll ~. r e C~ f 0 d C'~= E:1""!"il:i.l"1 G-' '~! : !~ r!mat.~ce~a- of thcz p>~o}~osGd alla~c:xat~_on ~lr~dt=~x• Sc~ct~arz ~.3~}-2~.--G (2} ~, C`I:S ~.9 fi ~i f ~. a ~]T:c~11clf?c~ . G. Tlzt~ `.~'oti,rn o~ Va? ~. Co1.ox'~ict:3, csha~.l. fol^th~•:i th ~~..~e Z ~zctS.i:iola i!1 the Di tract. Couri~ in and £nr ~:he CC?L111t~~ o; ~~ac~:l.cz, Sf:~lte o~ Caloratic~, req~icat~~lc~ t},e ccll:~t to appc•a.11t thz'c-:tz co3~,?missianGZ~s tv ca? ~. Gnc'. 3zol.d ~.r: a»~:e:a~.tion elcct,ior_ to dc'ermine the lnattcr o~ is}ze proposed ~~nr_c}..z tialz ilz accoWc:ar~ca with, Sec:~.a.on 13~-21-11, CRS ~.~~3, as zr:?en.c:ed, altcl a~~tcx- tPle e.lec~:a.on, ~.~ t11e lnajorit~= of the traies caaL. - as ilz yavar of ~:nne;:=-ltiar~, to enter a~: o~,c?cr th~~t t}ze tcrl_atory pxapasc~d to be aa:ne::e~ 1«y be G=nne~;c3 }ay ',..}ze Toe.+n }j~r O?'CinciI?Ce. ~. SecLi.c:? ~. L~~c~ctiVC daf.c.. . l}z~_; xcsol_utiO~z s};alb t~r.o c feet. upon t}ze pC~.~aSac~e hcrcaf. i r .~ ., II~TI~OL'T1Ci,:.1]i I;1:rlT~r 7:1'i'1ZQ~'i17, l~i~Is i•~:r'~iG`.I']':i7~ tl3i~ ~i»11 day of :1unc, 7.74. i•i:~~~or. ~' Toti•rri C~.o~:;: CERTiFiCD COPY OF ORIGINAL This is a true copy of the original hereof which is in my custody in the records of the Town of Vail, Colorado. Town Clerk Town of Vail, Colorado • ~ • • • _ ~' - •I . f .- ~ I ~ ~r ~ IN THE UISTRICT COURT 1N AND FOR TI{E. COUNTY OF EAGL% STATE OF CQLQRADO Civil Action Na. 2206 IN THE MATTER OF THE 1 ANNEXATION OF A PQRTIQN OI" THE B I GHORN AREA, ) ORDER 1'O Ii4LD AN EAGLE COUNTY, COLORADO, ) ANNEXATION ELECTION TO THE TOWN OF VAiL, ) COLORADO ) After consideration of the ex parts Petition to 1{old an Annexation Election filed herein pursuant to Section 139-21-11, Colorado Revised Statutes 1963, as amended, and there being goad cause therefor, IT I S I{EREBY ORDE;RI:U as foi i ows 1. An election to determine the matter of the annexation of a par-tlon of the B]ghorn area, Eagle County, Colorado, described in Exhibit A of the Petition, to the Town of Vaii, Colorado, she]] be held an~the 6th day of August, 197. 2. Rodney E. Sl I fer•, Thomas E. Charnec4ci , and Ellsworth 1=• Vassar are appointed as election commissioners to call and hold said annexation election in accordance with the applicable provisions of Section 139-21 11, Colorado {tev]sed Statutes 1863, as amended. UATED: Eagle, Colorado, khis 28th day of June, lg7tr. /s/ ,3osePh ]ia~f:nr JUDGi; OF TI{E AEa4UE ENTITLED COURT U15T1?lil~ t;{aESi~i" Eagle County, C.:alcr~sa Certified to be full, true aaL r.:. ~ z`.s copy ,e tY~e origins! in my c,:~,..;::.;. Dot /~~.r/~:~-'p ~. ~,~~ fl, Clerk By ..._.......V......_ ..............~e~uty Clerk- _~ ' i ~~ TN THE DISTRICT COURT IN AND FOR TNIa COUNTY OF F;AGLIr STATE OF' COLORADO Civil Action No. 2206 TN THE i!IATTER OF THE ) ANNEYATTOr1 OF ~'~ PORTION ) OF Tkif I3IGF-iORN ARiaA, ) CERTTFICAT~' OF IrAGLI; COUNTY ~ COLORADO, ) ELECTION RZ;SULT TO THE TOWN OF VAZL, ) COLORADO ) f)15~RIC7 COtlR~i- Ea~le County, Colcxado Certified to be full, true and correc:t copy at t~~e o,i,~ir,al in my custnc~y. Late ..... ~s..u:~....L•.. f/f'~Y' ........... -r...lerkY-- ey ~ ~ _......... pepu~y Clerk • a _ . . • .' . .. i Y i a , ~ 13TG110RT~ ANT:T?XATION ELrCTTON AUGUS'x' G ~ 1979 . STATE OF COLORADO COUr1TY OF EAGLE CERTTI?TCAT1:. OF ELECTION RESULTS FOR ANNEXATION ......................... ~~~ VOTES. AGATN~T ANNEXATION ..................... ~~ VOTES. /x-n~witness wher~eo~~ T have hereunto set, my hand this (~ L~' day of G/ ~~, 1979. w ~!~ . • BTGIIORN ANNEXATION ELECT:~ON COTdT+iTSSTONERS j j . ~ J ~ ~ Tl;o/trial L. Chart~ecki ~• _ ~~ ~~ ~~~ ~ _ / • Rodney 1=:. S~'a.fe~s' ~ ' • . ~ ~~ Elrswaxi:h T.~ . Vassar 't 1 • I?LrOLi1TI.QId NO. 1~ ue~i~n of ZJ79 A S}/COI~71~ k2E 5C?.LUT~Qha I:F~G7~I'tU~:1`IG '1'I3I;; I'I'~Crl:~O:~1~1~ ANNEXA`1'~:ON 01' A POFt'I' ;CON C?l~ ':1'I~IIi. F~:LGIiD]ZN I~1~~~1 TO T1;i~ TOCVN rX'I-IROUCiIi AN ANNI;XATi:ON 1~I:~LC'1'~UN ~4VIiLRI;AS, at ~.c?apt tole pcr ccl~Ii: .cif the quat~.i:i~d e~.ectc~r 7, who are residt~nt in arlc`k ~.ar"tdr~wner.s of thca ax'ca prc~pc~sed tc~ be annc:Xed, ~•~hx.c.h i. ~ ~a•Lit~€~t.cTc1 :I.I7 a couniay raf ].cs:~ than twcnty~~:i.ve thntzsancl a.nha}~.i_~t:~Yrlt:~, filed zt pc~titi.an fcr an anne~:atian election ~;Ta.t.lt thc~ '1'c~ran C~.crlc: caf t}~r~ Town of V~t~.l, Colc~radu, hea~ei.n~{~'t.er xef~:r_a-cci 4:o a;; t.k7G "Town", r~I~t t.Ylr-' 2nd clay of March, 1.a'1~k, tc:n d~~~~ x Iaric7r ~.u .~l.~c~ X7u)^~~.iG her.ri.rlg ors are annexat~.on pe~l.a.t,ic~n wk~ich ~aa.s e~t:ak~7.i:~k~tccl }7y kte:~r~I.ut.i_c,n Nc~. ri, Ser~.e a o~ 7.~7~; ti'~Ii1~,}Z~:.~`~~.~, S.n ~~ pi<~1.~1..a,~ r-~csr3~°:f.rkc'I c~ri i:.ktcz 1. E7t1."~. c~r-~y nf' AI~:€:i1., ~. ~ ] ~ , 'E: h f-~ '~`G7 Y-7I"3 f,'. 071111 C 1, ]. ~ ~: i.:j7 C3 `.T' Ci1f,7 t~I c` CJ 3'] :_i :S. C.~C:1" F; c7 1:: (7 l'~ I i :i c 1,7. Ct arn~xat~.c~n peta.t:i.nn artcl said k~~~t~it;.z.c~n i~c~:,- ~~r.nrlc~~~~l..i_orI e~_c:c"]:.:i.c~n, gave p:~ccedcyncc: to saa.ck k?(.'t_i t:i..c~t1. fn1.r an1"}r_•xat.~.cyn c~lec:t:~on :i. 11 acc.c7xclancwc~ with St: rt~a_c.~rY 1.3~)-~2~.--{~ (:3) , c'c,:l.a~.~:1c7.u i~e~i~c.d :s'~I;.atui..c~t~ 1963, as ar€tcnc7ec:t, ~::a11nd :,~1id c~1Eci:._ic71~ k,c.~::i~t:ic~n •t~o 1:7 e; ]1~1 s11}a-- ~tanti.a7. c:ompliarlce with i=]-te rr:.cru~a:c~t~~r~I1t;~ af' Sc~c:t~.a1~ ~.3c3.~'?i.Y.G (7) , ~~rtd enacted fte.to:iut1c7I1 No. 9, Sc~ra.c:~~ olr: :1.31, ~rhickl scat ~~ second p1~k,lic he:ux°i.rag' can saa.u ca.ec"Z:ic7li pet;i ~t.~ alp. tzt the >requl.~~r . lneetillg ni; thE~ cGtlric:a.:1 on thG ~t:t1 da~~ caf ~~11ne, ]_91~, at '1:30 P.l~i. , in the Alunir~~_pa~. 13u:ir~el:i.zZc1 c~.i; t.i1e~ 't'own; and L'~llLl.?It~71u, t.kir ':f'r.:,a1n (:1i,~r'}: clrrvr+. nrat.~.c.rc.~ n.1: i}"~c~ 1:»11:~a.ic; hearing can s~1i.t1 e~lc.c;~t.iwun k.ac.t.].i:iol'). icy 3~c~ hc~7.c~ r.; I'1 tk"1i~ 4tk~i day e~ ~~'uile, 1.9;x, [tt. `i:30 1~.A~I. , i. r1 ac:r.:c~:c1:.€r€cF~ 1a~i.•l.h 5cr.tic-fn :139-21w'1 {?) , CRS :l963, ~:ts amcyndc;cl, 1:erc~.iv~:~d }?.T.~ocaf c,i; pt:i)J:L:i.C~1~L.7.c.~11 o.I; f.}te rec~uix.•e:et rlvT:.icer~, a11d ~:~t~.ar_klt~ci i:hc: c;c~1:~.if:i.c:,til_,,;; aL I:-uh]_i_caL•1an ac the neta:;I~~1~7c:sx- to ~~tk.i.c~t. ltr:~:-;n,].utic~I"1 Na. ) ; ~ • • i • • - P10W, '1'HiaREFORF, T3E :i.T 1ZL;SOLVI;n HY ~.'Hl, TUwt~ COUNCIL OF TiiE 'T'4l'3N OF VAIL, COLORAnU, AS rOLLQWS Section. 1. Title. TYi~s .resaliati.nn shall be known as "Resolution #2 Regarding i'ropo5ecl Bi.g}aor•ra Annexation Throuclii an Annexat;ian Election". Section, 2. Fia~dings ref fcECt. On the basis of competcn#:. evic~cnce presented i.n the public hearinr~ an the: patitian ~:or annc~xa-tiora e:l_ection an the nth day of June, 1.97, at 7:3Q 1'.id., the ':}"o~~an C:ounczl. of tlae Tawn of Vail, Ca7.oxada, ~:~nds and detcrm:i.ncs ~iw fal~.o~~~s A. At least anc-~-sixt:h of tYic pc~ri.iY~etE~r.• cif t_l:e area. pr•oposect to be annexed ~-s cc~ni~i.c~ua~.~~ ~,,ith thc-~ '1'c~v;7n of Va.i1., Colaruclaj t}~ie a7uzexia~g inunir.a~7alii~~~. i3. A co~ruzlunity of a.ntca:~E?st. e:x:~.st.5 }-,Mt~~.E~~::n •l:he te~-ri.t:ary proposed tf3 ba anne~;ec~ and the an~~ex:ii~c~ naiai~ls ci.~.~~alit~~; Lhc> territory ~~r.aposc:d to Y}c:. annc:a.ec~. :is u.r~b~.ir3.; ~iz~d t_hc terri.tror~, proposed to k~rw annc:~.ed i.s in~tcc~7:-~~~tcd ar i., c.apala:}.e o£ }~e~i_nc~ iIlt;4~a3:.at['.C~. ~'dif:ll t".}'ke ~17nG~,`.:1.31~ Tf1t111iCr1-j~)ct,~.:kt)r, C. :~a1 esta}~].tsrzin~~ ~t.lic bour~c}az:a.c~s a.i: t-.hG t: Gri i•~ory pLOpo~.e:r~ to }ae anise}cc~d •}:hea_-E~ ~~~~s i~a divi..sior~ cif any par.ccl of ].a.r`~d t<}~cre:i_n he1.d. in ~i.dent::ictr-1 c~wncr~al-~ii~. }7. The: tc;rritory pra~~c~>ed tc~ be an~~cxed does a~atr i.aac7-~.ide an area of land hEld in 1.dC'.]Zt=ZCei~ c~«ncr~l~~a.p t~l~<it cony>i:,t::s at= tt~~enty acres or mope erha_r:}~, toc~cf:lic:a- ~a~.tl: tl~c?. bua.l.dinc,~s and impro~rc:n~~:nts situated tk~erean, ha.~ ari as~:cs~~~ed value in excess of tC•ro hunc~r.ec1 t.hc~usaa~d do~.larc~ i'ar act rra~.az-c-rn t.ax purpasc:s in 19 %~. 1. t1p ana-~e;,titiaxz prc~ccc.di.nc~ c'orar..c~x~n:i.r:tr piny part: of tYiE~ territory prc~pos~-~c; to lac axancl~c~c1 l~i<zs }~c~c~r~ Caznrl~c'nr:'ea by anat_hez: mtznicip~:~.ity. ~, pursuant to the p~t:ition for ::°.',,•:c:xat;i.on eleci.ion tal~.ich was fi.l.ed tai.t:h t:he annexa.ng munir,~.};~ ~ .t.y~, an anne~:at:iorl elec:#:ion .is requa~.x:ed to determine the ma•~~.:: of t_he proposed anncxation~ Section 3. Canc3.usions and detei`~:~i.;~ationr~. I3ased an f ~.nd~.nc~~ of fact set foa" ~w~.~I 1r1 Section 7. IYOr.~af , the Fawn Counca.l r'caches t:l3e canc3_us3_c~ns and r~~akes t:.l~.e dc~tMEa--- rtt~-naticans as fol].a~r:s A. The rec3u9_rcmerkt.5 pf tl~c: app?.~.c~:.h le l,~ar~.s of Sect-ir~rks 139~-23.~-i and 7.33-~1-~, Colorado Tte~3ised ~t=atuf:c~s 1963, as aniendE~d, have beEn nlet wit.l~ a.espect to t;he propn~ed i3. An d1ZI2G'~c"ItiC)n E'lesctlOk'1 471. t.h~7llt tr.l"I>w 1r11}:1C1}a].tl_t~Il of addi~.i€~i~ia.l t_err«s anc7 cc~ric.~a.tialls is r.c:c~ui_:~ecl to dc~tezlnir~e the matter of t<he pr^apased annexcation tiknder ect:ior~ 139-23_--6 (2} , CR.S :1.963, as amended. C. '!'he 'S'own of 'Vaa.1., C:c~3.,.~a:acio, a•ha.l:~ f~}ri.li~•ri~~1-k f:i_l.e a pet~itiark irx tl-k~ Uiut:r:i.ct;. Colzri: ixz ~~nc3 fc,z the CaL~InGy of Iag~le, St:.atre of Colorado, a. c.cltlcst.a rlc,} 't-lie:. coLri t t:o al~~~c~a.nt . t~hr~e cal~ur<is.~:ic~ner.s t.o ra3.3_ and hc71.d an ar~n~x~-~t.i.orl ul.ect.:ican to det;.~:rnline i.he rctat•L-er of t:he prc~po:~ec3 anl~±c:;at_-.iori in arcordar-ICC with ~~ect,.io.n 139•-23.°-3-3., C}zS ]_963, ors ~~menclcd, and aftek^ the E~1ect:ic~n, if the nla~aa: i.i.y of the votes cast a_s a_n favor of anno~xr~t.~-c~r7, ~:o ent:ci° trli rr:clci_ tl•Iv.t:. t:hc ter~:itaz:•y propras,:~a #~cl be ay~rre::c:d nay lae ak-~n~:~:e,l by thc~ ~.~own by oxd i_nance . r G C'.' t: 1. C~TI ~ . 'F.; ~: ~ t:3 C' t" .7_ V' E? d ~ ~:. [a . Thir> resa111ta.or} shzl.~. i~al<.e~ eff'ec:t:_ ulon the pas:}aye hereof. ~ • • ~~ INTRODUCED , R£AD , AP~R4VFn , ACID k'NAC`.!'l~iD r th i s 4th day of June, 1.79. ' ~iayaz ATTEST: TO[Nal C.~erJc ,, R ~ ~~ ~~ i i" 1 _ r ~~. IN THE DISTRICT COURT IN AND FOR THG COUNTY OF EAGLE STATC OF COLORADO Civil Action No. ~~~" IN THE MATTER OF THE ) ANNEXATION OF A PORTEON ) OP.THE BIGHORN AREA, } f'ETI1'ION TO HOLD AN EAGLE COUNTY, COLORADO, ) ANNEXATION ELECTION TO THE TOwN OF VAIL, } COLORADO ) Comes naa+ the Town of Vail, Colorado, Petitioner in the above entitled action, by its attorney, Gene A. Smith, pursuant to Section 139-?.i-ll, Colorado Revised Statutes 19b3, as amended, and petitions ex parte the Court to hold an election to determine the matter of the annexations of a portion of L'he Bighorn area, Eagle County, Colorado, described in Exhibit A attached hereto and made a part hereof, t~ the Fawn of Vail, Colorado, and stat~:s as follows: 1. At least ten per• cent of the qualified electors, who are resident in and landowners of the area proposed to be annexed, which is situated in a county of less than twenty-five thousand inhabitants, filed a petition for an annexation election with the Town Clerk of the Town of Vall, Colorado,, on March 22, 197+, in accordance with Section 139-21-G(2}, GI?S 1863, as amended, a~certified copy of said petition being attached hereto as Exhibit B and made a part hereof. ~ • • 5+ } ~ ~ • f F 2. The Town Council of the Tawn of Vail, Colorado, held a public hearing an the petition for an annexation election in its regular meeting an April lb, 1974, and enacted Resolution No. 9, Series of 1974, a certified copy. of which is attached hereto as Exhibit C.and made . a part hereof. 3. As directed by said Resolution No. 9 and Section 139-21-7(2), CRS 1863, as amended, the Town Clerk gave notice of a public hearing to be held on the petition for an annexation election on June ~+, 1g74, as indicated by Exhibit 0 attached hereto and made a part hereof. 4. an ,tune 4, 1974, the Town Council held a public hearing on the petition far an annexation election In its regular meeting and enacted Resolution No. 14, Series of 1974, a certified copy of which is attached hereto as i:xiiibit E and made a part hereof. 5. The lawn of Vail, Colorado, pursuant to said Resolution No. 14 and Section 139--21-11{3), CR5 1963, as amended, petitions the court to hold an annexation election an August 6, ]97~+, in accordance with thc~ applicable provisions of said Section 13g-2i-li. 6. Under Section 139-21-11(4), CRS 1963, as amended, the Town of Vaii, Colorado, nominates Rodney E. Slifer for appointment as an election commissioner and suggests the appointments of Thomas E. Charnecki and Ellsworth F. Vassar as election commissioners, all of wham are residents of the State of Colorado and are trilling Ca serve together as said commissioners and Messrs. Charnecki and Vassar are lando~rners of land in the area proposed to be annexed. S 1 ~ 1 ~ WHEREFORE, Petitioner asks for an Order as follows: 1, An election to determine the matter of the annexation of a portion of the Bighorn area, Eagle County, Colorado, described in izxhibit A of the Petition, to the Tawn of Vail, Colorado, shalt be held an August b, lg7#. 2. To appoint three election commissioners to call and hold said annexation election in accordance with the applicable provisions of Section 139-21-11, Colorado Revised Statutes 1963, as amended, DATED: Vail, Colorado, this 28th day of .funs, 1q7~. GENT: A. st~iTN Town Attorney Town of Vail, Colorado P. O. Box 1ao Vail, Coiorado 8i6~7 Telephone Na. (303}~76-5613/205 Attorney far Petitioner ~ • • • P.O. Box 1908 Vail., Colorado $1657 March 22, 1974 Town Clerk Town of Vail Vail, Colorado $1b57 Transmitted herewith are petitions signed by 10 qualified electors who are resident in and landowners of the Territory presently being considered for annexation to the Town of Vail. These petitions are requesting an election to determine. the annexation matter and are in accordance with Section 139--21-b(2), Colorado Revised Statutes, as amended The Territory in question is described in Rxhibit A which is attached to the petitions. These petitions have been signed by: Jack Carnie, Joan T. Carnie, Patricia A. Richards, Barbara Rowe, Gordon Rowe, Helen Spence, Patsy Blumberg John Blumberg, Kenneth Richards and Carol Richards. These gentians represent more than 10% of the qualified electors, resident in and landowners of said Territory. We would ask that you present these petitions to the Town Council so that proceedings for an election can commence. Sincerely, Mrs. Maccie Carmony ~ Ca,~.-~ G~.~, Mrs. Carol Richards '~' ~..n The petitions signed by the above mentioned persons were filed in my office at .,` : QP.M. an Friday, March 22, 1974 3.own lerk Town of VAi1 • CLI~TTFTCE~iE OT' DTSPOSTTTON 0~' Y~ESdZ,UTTOr1 IT T~ F~IL~I2Ef~~ CrRTIFIFD Pursuant to the Charter of the ' Town of Vail, Co3.oraclo, Particle IV, Sectzon 4. 5 , that resolution No. ~ , aeries 4f 19']4, to the arigir:al of which tkiis certificate i.s affi.~:er1, was duly adontAd b/y the Town Council at its regular meeting on the ~Gj/~ day o= C.,~,Q 1.974, its adoption was authenticated by they sigr_~_•~ures of the Mayor and the Town C1_erk, and accordingly on the date horeof said resolution was duly recorded in the official record; of res- ' alu•~:iona of the Torn of Vail, Colorado. ., . 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'+~6~~ °~ 'O~aw or xZt e'If 3'~~;~~ '~3m3 • o o m m 9 r'~~e0 m' 3 -4 ~ ~ N C ~ Z,j~~ X ,;N 'O.d~!A°,•i yam .,°'y:~a4:f ~~' W ~w ri.. m D •,b 3~.i ~rp.~ttbff ~. ? 3 ` 'p. m = d ^~'~'Q' y d ~i'. a~7p,p'm v .tt d.mf~D:c: ~~3MU1 CI~b ~ mm ~(n ~.mm•--~-. "~D~'I~p°w' 3 as--~vis D ,< a 'fi'n :B'MN~~no•~~dm.~m'~~~3~~ ~W7W7,0 ~O 3ARS r:41wb0 . m.m wn~ :n 7 m-.~Q D.»C~. -, .m ~nD RD.~.D7~m'u'. S3C-, ~m~°osm~o os~,~gt ~,.m~` C 7 m ~.• m N O. w f- s.3 _. a-.~.W~~~De, TDN .,'.01r O.mN-tea .Nm wd ~ ~r ..ssmom o oao .mo y C ~ Z H H ~ 0 O ~ C] lam! ~ ^^~ O Sis r ~ ~ ~ v v v w b 0 '.~ ~-r tom" ~ n Z ': -00~ $OQz~~ ~ ..~ .} '~ z ~ m; ~': z =~ T05+TN OF VAIL STATE OF COLORADO PETiTiON FOR ANNE.XATTON ELECTION l rn accordance with Section 139-21-~5{2), Colorado Revised Statutes, as amended, the undersigned Pet~.tioners hereby respectfully request that the Town o~E Vail, Colorado commence proceerTingq f'ar ~Yie ho.~.d~,ng a.f_ an annexation election to de- termine i.£ tt7e territory descr.~bed in Exhibit A, which is attached hereto and incorporated by reference (the "Territory"), should be annexed to the Town of Vail. The Town Council of Vail enacted Resolution No. S {Series of 1974) on February 19, 1974, which found an annexation petition pertaining to the Territory td be irz substantial compliance with the requireznerrts of Colorado Revised Statutes 1963, Section 139-- 21-6(1) and set a public hearing on the annexation matter for April 2, 1974. The undersigned Petitioners desire that the annexation matter be determined by an annexation election. The undersigned Petitioners are qualifa. resident in and landowners of the Territory. Name o~ Petitioner Date Mailing Address Jack Carnie ~~ /q ~7~ Box 533 Vail, Coiorado 82657 ed electors, owned by Petitioner Block 5 Lot 3 Bighorn Sub 3rd Addition amended Lot 1 Bighorn Sub Fourth Add Block 5 Lot 2 Bighorn Sub 3rd Addition Amended Lot. 9 Block 2 Bighorn Sub 3rd Addition Amended STATE OF COLORADO ) ss. COUN'T'Y OF EAGLE ) ~_ ~., _r~ igrtature of Petitioner) The foregoing Petit~.on fc~ nexatxon E1ect~~n was s b5cribed and aeknowJ~edged before me, a notary public, by `~.~ ~~ on the /9 day of ~Ld-c.c~- r 1974. ~ . My Notarial Commission expires : l(, /~~,~~ Witness my hand and official sea].. 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Z•*u7mo ~" S°-~r .0?n mmm~n ~ d W m ~ a . -w d' v~ .r r p ym C1C-fm~-Q p 7 aO~~N~A (mNi~wd O~ow~~04~im 1Tq~m ZOm710-.Ai .m O. ~.~ ~ fA,.3s N0rr ~rOO 3-_.tp ma ~mO mutV: -_.. ~'~^ ~'{07'z J A~i"a'OSTaQG°Sm~„G~ NK_'C'"~4C A O ~: N= I/j I+ N m m ?.NfO.~mnarpzu,~-,mww ~ ~~~ o°~'ft."'~ ""c~o+a+:'N,n ~ ^,mo,w,,;; 2gPN'~ ° ° ~N oe`aH~ ~NI i~ W~~eppN-. 30r .. ~~n ~~- O~N 6~•au m;A~~~Wym : .. °i m m..oo -nom.. °'O'Cf~m ~r+n .T 4~ mS~Nm S~~°+O ~:..w.a~ tt m_ &w y.~mR °~cO~On C~,3~ ~m+7 q$ OV V•Z,.-„A.Q ffiw~^m~°oom$"»m~~~m~o`nmo°om~o°ra .: 03~5~ m m. N3ZN~~zN ONV~.~?•i"N ~~I~noa~iCo'o~~°W°-'Dour°•~,om"~iio!+.n -'~.~~m nUi va4°OO~aN7,C. R,~ ~0.~~ ~~7'n~: 07 S. ~ 3 Z ~ ~ W-~ ~ m ~ ro ? N ? ~ A ~ , ~ W 7 = m ,B A O n~u ~+ m ~Om d ~'' ~. 7~ ~~ N `N~a~..rnH~Lam„r{`Or°Wbm•mo»~°IS1 C/] b ~r :..iNim~ n r}n. I -annexation electign- to tre In substantial campHance with the _-'afaresald statute and adopted Resolu- ~, lion No. 9, Serlas of 1y74, which is Incorporated herein by reference and made a part hereof; WHEREAS, on the. basis Of tompetent evidence presented in the public nearing an the petition for annexatlon election on the 4th day of Juna, 1974, the Town Council determinatl that the appilcabie provisions of The Municipal Annexa• tlon Act of 1965, as amended, had been satlsfled and adopted. Resolu- tion No. I4, Series of 1974, which is incorporated herein by reference and made a part hereof; WHEREAS, the Town filed a petition to hold an annexation election In the Dlst-ict Court In and for the County of Eagle, State of Colorado, on the 28tH day of Juna, 1974, and on said date the court entered an order to hold the annexatlon election •on the 6th day of August, 1974, and appointing three election commissfaners to call and hold the election, whktn are Incorporated herein by reference and made a part hereof; WHEREAS, In the annexatlon election held on the 6th day of August, 1974, 219 proper ballots were cask by ,quallfietl electors, of which there were 151 votes for annexation end 88 votes against annexation, es IntliCatatl in the Certlflcate of Election Result, wnich is Incorporated heroin by reference - and made a part nereof;antl WHEREAS, qn the Stn day of August, 1974, the District Gaurt entered an order authorizing annexa- tion without spaclal terms or conditions, a copy of which is attached hereto and made a part hereof; NOW, THEREFORE, BE IT ORpgtNED BY THE TOWN COUN- CIL OF 7HE TOWN OF VAIL, COLORADO., AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Ordinance Annexing a Aortlon of the Bighorn Area #a the Town". Sectlon 2. Annexation of a portion of the Bighorn area to the Town. Pursuant to the Order quthoriz- Ing Annexation of the District Court In and far the County of Eagls, State of Colorado, entered on the 9th day of August, 1974, the Town of Vail, Colorado, hereby' annexes without spaclal [arms or conditions a portion ,oi the Bighorn area, County of Eagle, State of Colorado, dascrlbatl in ExhlGlt A hereat. Section 3. Annexation costs. AI] casts and expenses connected With the annexation, including commissioner fees not exceeding for each commissioner $2.00 far each seta SecUOn 3; thence a1Pn9 the south line of said Sectlon N 89 degrees 23'38" W 3fi78.I7 seat; thence N 63 degrees 41'24" E 665.00 feet; thence N 17 degress 01'24" E 255.00 feet; thence N 58 degrees 01'24" E 380.00 feet; tnente N 15 degrees 10'13" W 126.41 feet; thence N 70 degrees 39'43" E 230.00 feet; thence S 67 degrees 20'17" E 300.00 feat; thence S 83 degrees 20'17" E 300.00 feet; tnente N 8 degrees 38'29" W 414.45 feet t4 the south rfghEof-way line of Interstate 70: thence along sold south line on the iollowing courses; S 89 degrees 59'52" E 868.80 feet, N 65 degrees IO'31" E 32.95 feet to the northwest corner of VdEI Village Eleventh Filing; thence along the westernmost line of said Subdivision on the following courses: S 0 degrees 04'67" E 27.22 feet; S 34 degrees 46'13" W 194.73 feet; 5 50 degrees 35'14" W 52.77 feet; thence along the southernmost line of sold Subtllvislon on the following courses: 5 62 degrees 0744° E 564.72 feet; 5 80 degress 32'00" E 225.00 feet; N 45 degrees 28'00" E 280.00 feet; N 64 degrees 28'DO" E 180.00 feet; N 89 degrees 58'30" E 41.0.40 teat; N 74 degrees 00'00" E 220.00 seat; 5 89 degrees 39'04" E 270.00 feet; N 33 degrees 30'00" E 220.00 feet; N 14 degrees 56'18" E 62.67 feet to the south rigntof.way line of, Interstate 70; thence N 14 degrees t36'i8" E 337.48 feet to the north right•of-way line Of Ineerstate 70 and the southernmost Ilene of Vall Vlliapa Twelfth Filing; thence along said common Ilna on the following courses: 5 87 tlegraes 33'05" E 811.08 feet; N 86 degrees 41'40" E 645.34 feet; a curve to the rlgnt of which has a radius of 2190.00 feet and interior angle of 7 tlegraes li'20", the long chord of which pears S 75 tlegraes 06'11" E 274.59 feet; thence along said north right-of-way line on a curve to the right whith teas a radius of 2190.00 feet and lnterlor angle of 1 degree 47'47", the Iang chord of which bears 5 70 tlegraes 29'44" E 68.66 feet; thence S 56 tlegraes 17'06" E 425.70 feat; thenta N 89 degress 58'38" E 2227.73 feet tq the bas[ line of said Section 2; thence along sold east tine 5 4 degrees 25'02" E 1311.44 feet to the northwest corner of said Section I2; thence along the north line of said Section N 89 degrees 46'04" E 1325.25 feat; thence S 0 degrees 22'32" E 864.x7 feet to the north right-of-way line•of Interstate 70; thence along said north line S 39 tlegraes 15'51" E 595.60 feet; thence N 84 degress 56'11" E 950.37 feet; thence S 0 degress 20'04" E 513.23 feet to the north rlgnbaf-way line of Interstate 70; thence S 0 degrees 20'04" E 504.83 feet to the South right-oi•way fine of exceeding~. forr'eaEn'-~comjnissloner~ $2.00 for` eacfti .flour of necessary ssrvlce, shalk W.,pg10_by^the.~p~r~ rp(~. Valk, Colorado.;F~ ~~i°~;- ' DATEDi' Eagle, Cbiorado ', this 9th day of Augu_it 1874 ;;~~' ' Charles R, Casey~,•~ ~- ~ ~ .'r ~ JUDGE OF THE ABOVE• ~ ~ ° .> ENTITLED COUr~;C - ,~ ~ ~ ° 5= INTRODUCED; ~~ READ"';'• OIV SECOND READING, APPROVED; AS AMENDED, l;iVACTED; AND; ORDERED PUBLISHED ONCE'9fJi FULL, this 3rd day of September',; 1974. ..: •• by John A. Dobson., ATTESTr " MaYO~'-z Gana A. Srrllth •.. :. • ~. - •;^l • S CF4tj ~#,~~ Dap uty Town Clark.~;• ~_.-..~ ~ : ,:;*i r ;. Published In The .Veit Trall~..on., September 6, 1974: "_~`' "~`' • ~~ ~ ~ ? n O ~ O p .~. `+ IlG~ A`+i f3, n ~ ~ ~•'C .~7' ~ ~! f° in' ~ t`~p [ y (] O~. ~ ~ V ' O ro c c• ~° p '~ G` m ~ Win.. o ~ C. ~.z,3 CrJ ~ N n Rl. 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N ~!4 a ~ ~ ~ r ~ August 23, 1974 made a part hereof; WHEREAS, in the annexation election held on the 6th day of August, 1974. 219 proper ballots wars cast by qualified electors, of Which there were 151 votes for annexation and 68 votes against annoxatlon, as Indicated In the Certkficate of Election Result, which is Incorporated herein by reference and made a part hereof; and WHEREAS, on the 9th day of August, 1974, the District Court entered an order authorizing annexa• flan without special farms or conditions, a copy of which is attached hereto and made a part hereof; NOW, Tf-IEREFORE, BE I'F' ORDAINED BY THE TOWN COUN- CIL OF THE TOWN OF VAIL, COLORADO, A5 FOLLOWS: Sectlan 1. Title. This ordinance shat) be known as the "Ordinance Annexing a Portion of the Bighorn Area to the TOWn". Section 2. Annexation of a portion of the Bighorn area to the Town. Pursuant to the Order Authoriz- Ing Annexation of the District Court in and for the County of Eagle, State of Colorado, entered on the 9th day of August, 1974, the Tawn of Vall, Coloratla, hereby annexes without speelal terms or conditions a portion of the Bighorn area, County of Eagle, State of Colorado, described In Exhibit A hereof. Section 3. Annexation costs. All costs and expenses connected with the annexation, inclutling commissloner fees not exceeding for each commissioner 52.00 for each hour of necessary service, shall be paid by the Tawn of Vail, Colorado, Section 4. Filing of annoxatlon maps. Within thirty days of#ar the affective date hereof the Town Clerk of the Town of Vail, Coloratla, shall file one copy of the annexation map, a copy of which is an ills in the District Court in and for th9 County of Eagle, State of Colorado, with the original of this annoxatlon ordinance In the records of the Town, one copy of saitl map with the County Clark of the County of Eagle, State of Colorado, antl one copy of sold map with the Dlvlsion of Local Govern- ment of fns Department of Local Affairs, Skate of Colorado. Section 5. Zoning of annexed Bighorn area. Within ninety days attar tna effective date hereof the Town of Vail, Coloratla, shall impose zoning an ihs artnsxed Bighorn area In accardanea with Itf Zoning Drdi- nance, 4rdlnanpa No. 8, Serlesi of 1973. section 6. Effaetlve date of annoxatlon. ' degrees 00"00" E 220.00 feat; 5 B9 degrees 39"40" E 270.00 feet;_N 33 degrees 30'00" E 220,00 feat; N 14 degrees 55'18" E 62.67 feet to Ehe south right-of•wav Ilse of. Interstate 70; thence N 14 degrees 56'18" E 337.48 feet to the north right-af•way line of Interstate 70 and , the southernmost line of Vafi Village Twelfth Filing; thence along said common Ilne on the following courses: S 87 degrees 33'05" E 811.08 feet; N Bfi degrees 41'40" E 645.34 feet; a curve to the right of which has a radius of 2190.00 feat and interior angle of 7 degrees 11'20", the lon4 chord of which pears S 75 degrees 06'11" E 274.59 feet; tnenca along said north right-of-way Ilse on a curve to the right which has a radiUS of 2190.00 feat and interior angle of I degree 47'47", the Ibng chord of which bears S 70 degrees 29'44" E 68.66 #eat; thenc8 S 56 degrees 17`06" E 425.70 feet; thence N 89 degrees 58'38" E 2227.73 feet to the east line of saitl Section 2; thence along said asst Ilne S 0 degrees 25'02" E 1311.44 teat to the northwest corner of said Section 12; thence along the north Iina oP said 5ectkon N $9 degrees 46'04" E 1325.25 feet; thence 5 0 degrees 22'32" E 864.47 feet to the north right-of•way Iina of lntarskate 701 thence along sold north line S 39 degrees 15'51" E 595.6D feet; thence N 89 degrees 56'11" E 950,37 feat; thence 5 0 degrees 20'D4" E 513,23 feet to the north rignt•of•way Iina of Interstate 70; thence S 0 degrees 20'04" E 504.83 feat to the South right-of-way Iina of Interstate 70; tfience S 0 degrees 20'04" E 312.00 feet; thence $ 84 degrees 52'42" E 1324.00 feet; thence S D degrees 03'00" E 1325.45 feek; thence N 89 degrees 56'13" E 1316.11 feet; thence S 0 degrees OD'00" 1320.85 feat to the north- west Corner of said Section 18; tnenca along the north Iina Of Said Sectlan 18 S 89 degrees 53'24" E 247,7D feet; tnenca 5 25 degrees 01'59" W 585.38 feat to the west Ilne of said Section 18; thence N 90 degrees 00'00" W 7A0 feet; thence S 0 degrees 00'00" 177Aq feat; thence N 90 degrees 00'00" E 7.00 feet to the east line of said Sectlan 13; thence S 0 degrees 00'00" 614.81 feet; tnenca N 89 tlegreas 53'24" W 1306.88 feek; thence N 0 degrees 40'00" 1322.68 feet to the south line of Bald Section 12; thsnca along said south Iina N 89 degrees 53'2x" W 1306.85 feet; !Hence N 0 degrees 48'18" W 1312.99 feat; thence N 89 degrees 57'00" W 1123.90 feat; tnente N 84 degrees 49'09" W 1541.45 feat to the west Ilse of Bald Section 111 thence along Bald wart Ilea N 0 tlegreas 19'00" W 1983.12 feats thence 5 89 degfees 50'54" W . ~ ~ ~ RESOLUTION N0. 1Q Series of 1974 A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT CONCERNING THE OPERATION OF THE MUNICIPAL BUS SYSTEM, THE DEDICATION OR SALE OF CERTAIN PARCELS OF LAND TO THE TOWN, AND VARIOUS ADDITIONAL ARRANGEMENTS WHEREAS, the Town of Vail, Colorado, hereinafter referred to as the "Town", and Vail Associates, Tnc., here- inafter referred to as "VAI", are jointly operating a bus system in the Town for the benefit of the public and VAI desires to terminate its involvement in said system; WHEREAS, the Town and VAI have agreed in principle that the Town will become the sole operator of the municipal bus system in consideration of certain parcels of land being dedicated or sold to the Town by VAI and various additional arrangements between the parties; and WHEREAS, the Town Council of the Town considers that it is reasonable, appropriate, and beneficial to the Town and its citizens for the Town to enter into a Memorandum of Agreement with VAI regarding the aforesaid matters; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Approving' a Memorandum of Agreement Concerning the Operation of the Municipal Bus System and Acquisition of Land by the Town" . Section 2. Approval of Memorandum of Agreement and authorization for execution thereof. The Memorandum of Agreement dated the 1st day of April, 1974, by and between the Town of Vail, Colorado, and Vaii Assaciates, Inc., an unexecuted copy of which is marked "Exhibit 1", attached hereto, and made a part hereof, is hereby approved by the Town Council and the Town Manager and the Town Attorney are hereby authorized by the council to execute said Agreement, or a modified version thereof which contains substantially the same provisions, in behalf of the Town by the 30th day of April., 1974. Section 3. Attachment of executed copy of Memorandum of Agreement hereto. After a Memorandum of Agreement has been duly executed by the parties in compliance with Section 2 hereof, an executed copy of said Agreement shall forthwith be marked "Exhibit 2", attached hereto, and made a part hereof. Section 4. Effective date. This resolution shall take effect upon the passage hereof. r1 LJ INTRODUCED, READ 16th day of April., 197. ATTEST: T wn Clexk r~ V APPROVED, AND ENACTED, this • ~ • • • MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, made this lst day of April, 197, by and between the TOWN OF VAIL, COLORADO, a municipal corporation, hereinafter referred to as the "Town", and VAIL ASSOCIATES, INC., a Colorado corporation, hereinafter referred to as "VAI", WITNESSETH: WHEREAS, the Town and VAI are jointly operating a bus system in the Town of Vail for the benefit of the public and VAZ desires to terminate its involvement in said system; and WHEREAS, the parties have agreed that the Tawn will became the sole operator of the municipal bus system as pro- vided herein in consideration of certain parcels of land being dedicated or sold to the Town by VAI and other arrangements contained in this agreement; NOW,THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. All the right, title, and interest of VAI in the following parcels of land which exists upon the execution hereof without further encumbrance will be dedicated without charge by VAI to the Town within sixty days after the date of this agreement except as otherwise agreed in writing by the parties: A. The "Mountain Bell site", approximately ten acres, that is designated in an approximate manner on a map of the Town of Vail, marked "Exhibit I", which is incorporated into and made a part hereof, said site being indicated on said map as "Site A". EXHIBIT ]. ~. , i ~ B. The "Golf Course park Site", approximately twenty-three acres, which is indicated on Exhibit I as "Site B". C. The "Sandstone park areas", approximately thirty acres, which are indicated on Exhibit 1 as "Site C {Tract A}", "Site C {Tract B}", "Site C {Tract C}", and Site C (Tract D) " D, A "Soccer field", approximately three acres, which is indicated on Exhibit l as "Site D". E. A "Tot Lot site", approximately one-half acre, which is indicated on Exhibit 1 as "Site E". F. A "Fire Station site", approximately two acres, which is indicated on Exhibit 1 as "Site F". G. The "Bus Depot site", approximately two acres, which is indicated on Exhibit 1 as "Site G". 2. VAT will dedicate without charge to the Vail Metropolitan Recreation District, a Colorado quasi-municipal corporation, within sixty days after the date of this agreement except as otherwise agreed in writing by the parties all its right, title, and interest in the parcel of land in the Lions- head area of the Town of Vail on which six tennis courts are situated, which interest exists upon the execution hereof with- out further encumbrance, said parcel being indicated on Exhibit 1 as "Site H". 3. Within five years after the date of this agreement, the Town will periodically designate, to a reasonable number and extent, bicycle paths and pedestrian paths across properties owned by VAY, which paths will be agreed to by VAI unless there is a compelling reason to the contrary with respect to any proposed path, and VAI will grant easements to the Town for each path agreed upon by the parties within sixty days after each agreed designation. ~4. VAI will sell all its right, title, and interest in a parcel of sand in the Town of Vail known as "Site 24", subject to an existing lease between VAI and Public Service Company but without further encumbrance than exists upon the execution hereof, • ~ E which parcel is approximately two acres and has an A-frame building situated thereon, being indicated on Exhibit 1 as "Site I", to the Town and the Town will purchase said parcel for the sum of $120,000.00, said sum to be paid at the option of the Town in accordance with either subparagraph A or B hereof. A. The Town will pay $24,000.00 to VAI as a down payment by the 30th day of April, 1974, and will pay the $96,000.00 balance of the purchase price to VAI by the 31st day of December, 1974; VAI will receive any rental installments due under the aforesaid lease until the $120,000.00 has been paid; VAI will not enter into an agreement with Public Service Company to ter- minate the lease without first obtaining the written consent of the Town; and the Town may discuss the matter of said lease with Public Service Company. B. Tn the alternative, the Town will pay $24,000.00 to VAI as a down payment by the 30th day of April, 1974, and will pay the $96,OOO.oo balance of the purchase price to VAI in five annual installments of $19,200.00 each together with annual interest thereon at the rate of the prime rate average for ` the year of the installment plus 3/4 per cent, but not to exceed 12 per cent per annum, said interest to be computed on the balance of principal due during the year of the installment, with the first installment to become due one year after the termination of the aforesaid lease and the next four install- ments to become due on the same date in the succeeding four years; VAI will receive any rental installments due under the aforesaid lease until said lease is terminated; VAI will not enter into an agreement with Public Service Company to terminate the lease without first obtaining the written consent of the Town; and the Town may discuss the matter of said lease with Public Service Company. 5. The operation of the bus system in the Town of Vail will be resolved as follows: A. The Town and VAI will continue their joint ~ i . operation of the bus system through the 30th day of April, 1975; from the 1st day of April, 1974, through the 30th day of April, 1974, each party will pay 50 per cent of the direct operating expenses; from the 1st day of May, 1974, through the 30th day of April, 1975, the Town will pay 75 per cent and VAI will pay 25 per cent of the direct operating expenses; and from and after the 1st day of May, 1975, the Town will pay all the direst operating expenses. B. At the option of the Town, VAT will continue to provide maintenance and storage at cost to the Town for the Town buses until the Town has constructed a bus depot and can maintain and store its buses without assistance from VAI; provided, however, that VAT will not be so obligated beyond the 30th day of April, 1985. C. After the 1st day of April, 1974, the- Town will purchase any new buses required by the bus system and bear any additional capital expenditures pertaining to the bus system, D. After the 1st day of April, 1974, the Town will hire and discharge all employees of the bus system except far the VAI employees engaged in its maintenance and storage of the Town buses as provided in subparagraph B hereof. E. At no charge to the Town, VAI will transfer the titles or leases of its buses to the Town after the 30th day of April, 1974. F. After the 30th day of April, 1974, the opera- tion of the bus system will be solely a municipal function of the Town, except for its rights under subparagraph B hereof, and the Town will endeavor to provide reasonable bus service through- out the Town of Vail. b. The Town will endeavor to design, construct, and maintain a pedestrian overpass across the U.S. Interstate 70 highway between the Lionshead area and the Sandstone park areas {referred to in paragraph 1C hereof) in the Town of Vail, subject to the fallowing conditions: A. The Town obtains gexmission for the overpass £rom the State of Colorado Highway Department, which permission the Town will diligently seek to obtain; in the event such permission cannot be obtained the Town`s obligation with respect to the contemplated overpass will be abrogated. B. The direct cost of the overpass up to $250,000.00 will be paid by the Town; each party will pay 50 per cent of the direct costs between $250,000.00 and $500,040.00; in the event it is determined by the parties that the overpass cannot be constructed for $500,000.00 or less the obligations of the parties with respect to the contemplated overpass will be abrogated; all or part of Town's share may be paid with federal funds C. Within one hundred eighty days after the execution hereof the Town will submit a request in proper form to the State of Colorado Highway Department seeking permission to construct the overpass and diligently pursue said request until a decision thereon has been obtained; in the event approval for the overpass is obtained, within twenty-four months after its receipt of written notice thereof the Town wi11 commence con- struction of the overpass, provided said project can be developed far $500,000.00 or less; and the Town will complete the con- struction of the overpass within twenty-four months after the commencement of the project unless unavoidable delays beyond its control occasion an extension of the construction period, D. VAI will grant appropriate easements across its properties to the Town in order to facilitate the construction, maintenance, and usage of the overpass, as agreed by the parties. 7. Upon the request of VAI submitted to the Town by the 30th day of April, 1985, the Town will grant permission to VAI to construct parking structures having two floors, in- cluding the ground floor, on one or more of its three principal parking lots in the Lionshead area of the Town of Vail. ~ ~ . 8. The Tawn will create a public arts and crafts center in the A-frame building on Site 24 (referred to in para- graph 4 hereof) by the 31st day of December, 1974. 9. The Town will issue a permit to VAI to enable its vehicles to cross bicycle paths and pedestrian paths when necessary for access to its properties or to provide service to its customers. 10. The Town confirms its intention to eventually develop a public day care center within the Tawn of Vail, pro- vided such a project is considered to be appropriate by the Town Council and adequate funding can be obtained in a reason- able manner. 11. Upon submission of a proposal by VAI to rectify any deficiencies in the existing stream tract lease of the 30th day of August, 1971, the Town will give prompt, fair, and im- partial consideration thereto and seek to resolve the matter on a mutually acceptable basis and in the event it is resolved the parties will enter into a new lease superseding the existing lease. l2. At the option of VAT, the Town will accept the dedication of the 5-B service yard. 13. After the completion of the Lionshead mall and parkway in the Town of Vail, the Town will accept the dedication thereof at the option of VAI, provided the mall and parkway satisfy the requirements of the Building Code of the Town. l4. The parties will take all reasonable steps and actions in order to effectuate the provisions of this agreement. IN WITNESS WHEREOF, the parties hereto have affixed their hands on the date first above written. ~. ~ • ' TOWN OF VAIL, COLORADO By: Terrell J. Minger, Town Manager and Gene A. Smith, Town Attorney and VAIL ASSOCIATES, INC. By: Richard L. Peterson, President and Frederick S. Otto, General Counsel .. r • 1 f • ~ f CT;R'1'IFICI.:~':~~ ©f I7]:S1~OSITION OI' itla,~.~OLUT~O:1 IT IS lli~I,.1:T3`I C1;IZTIFII?:D pursuant to the Char~.er of the ao~•:I.1 of Vail, Colar~3do, Article IV, Section 4.G, that Resolution yo. ~_~~L~ ~ 5c~~-ies of 1974, to the original of ~•rhich this ce.rtificatc~ is <<ffixea, was r.uly adopted byj~t~h~epTown• Council at its r~uc~ular r;c:etil~g.:~r~ the ~~ da~~ of ~'~r''w`' 1974, its a3o~tian ~•.°as au ~.:~enticatc'c~ uti- the sic~n<~tures off' the Playo.r and the To~•,r. Clex,~, c~I]Cl accordinga.y on the date hereof said resolutiorl t~:~as duly r_ecnrc~.Gd in the of~icia]_ Leco.rds of res-- Olutl017a' Of 'f:~1£'. 'TO~':I7 Of Lri~.]-l, G~J~.C~rc~CiU. . bF~T~S: Vail, Colorado, tl•1~_s !~~~rv day of ~~G~ `_'" .1974. c-~'~.~d~-6~ To~~;IZ C1 ,. • . . ~ - RESOLUTION N0. 11 Series of 1974 A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT FOR THE CONSTRUCTION OF THE VAIL TRANSPORTATION CENTER WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", on the 7th day of August, 1973, enacted Ordinance No. 11, Series of 1973, calling a special municipal election on the 25 th day of September, 1973, for the submission to the qualified electors of the issues of an increase in the Town sales tax from 3$ to 4~, with 50$ of the revenues derived from said tax to be devoted to the acquisition of approximately 39 acres of land known as the Antholz property to be used far public purposes and for the acquisition, construction, and equipping of a municipal public parking facility and site therefor, the issuing of general obligation bonds of the Town to finance said projects, and requiring the adoption of a resolution providing for other matters and details relating to said election; WHEREAS, the Town Council on the 7th day of August, 1973, adopted Resolution No. 30, Series of 1973, which provided for the questions to be submitted to the voters in said special election, and other matters and details relating to said electiont WHEREAS, in the special election duly held on the 25th day of September, 1973, the electors of the Town approved all the questions on the ballot by a substantial majority; WHEREAS, on the 16th day of October, 1973, the Town Council enacted Ordinance No. 19, Series of 1973, providing for the issuance by the Town of General Obligation Bonds, Series November 1, 1973, in the principal amount of $3,000,000.00 to obtain the funds for the Town for the acquisition of the Antholz property; WHEREAS, the Town acquired on the 7th day of November, 1973, the Antholz property pursuant to a Deed dated the 17th day of September, 1973, which was recorded on the 19th day of November, 1973; WHEREAS, the Town Council enacted on the 5th day of March, 1974, Ordinance No. 3, Series of 1974, providing for the issuance by the Town of the General Obligation Sonds, Series March 1, 1974, in the principal amount of $5,500,000.00 to ob- tain the funds for the Town for the acquisition, construction, and equipping of a municipal public parking facility and site therefor; WHEREAS, the Town previously engaged an architect, James Ream and Associates, Inc., for the development of the aforesaid parking facility, known as the Vail Transportation Center, and agreed in principle on a construction contract for said project with a contractor, J. A. Ryder Construction Co.; WHEREAS, the Town entered into a contract with J.A . Ryder Construction Co. on the 26th day of November, 1973, for the construction of the precast concrete portion of the Vail Trans- portation. Center; and i ~ ~ ~ ~~ WHEREAS, final agreement has now been reached between the Town and J.A. Ryder Construction Co. regarding the construction of the entire project and it is necessary to amend the existing contract accordingly; NOW, THEREFORE, BE IT RESOLVED SY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Approving Amendment to Construction Contract for Vail Transportation Center". Section 2. Approval of amendment to construction contract for Vail Transportation Center. The Amendment to Construction Agreement which is attached to the Standard Form of Agreement aetween Owner and Contractor dated the 26th day of November, 1973, said contract and amendment constituting the amended contract for the construction of the Vail Transportation Center, is hereby approved by the Town Council and the Mayor is hereby authorized by the council to execute said amendment in behalf of the Town of Vail, Colorado. Section 3. Attachment of executed copy of amended construc- tion contract. After said amendment has been duly executed by the Town and J.A. Ryder Construction Co., an executed copy of the amended construction contract for the Vail Transportation Center sha11 forthwith be marked "Exhibit 1", attached hereto, and made a part hereof. Section 4. Effective date. This resolution shall take effect upon the passage hereof, INTRODUCED, READ, APPROVED, AND ENACTED, th's 15th day of April, 1974. ATTEST: Q~~~ own Cle _~~~ t - ~ TF-i~ a~~R1CAN INSTITUTE of ARCH~TCCTS ~ ~ ~~~ ?,~; r{'; 'L ~"`T' w ~'-tir--~ AIA Document A177 tivhem the basis of ~aymeni is the cosy of ~r~-f~ wo~K F~us ~, F~~ Use or7;yr tit-itlr the latest Lclltror} a! AlF, DOCIJn}nRt (1207, Genera! Conditions o1 the Contract !or Construction. phis document hs> in-,~}ori3nt lr~il co~}~equences; consultation sti~ith ar} attorney is encouraged ~~'itfi respect to its com~Jlclion or nwdi{ication. rrt~~~_4rlt~l'l~ m~cic this tt'tent_~ s~;;~h day of l~ove~ber in the year o~ Nineteen Ht~i~drec~ ~~nc~ Seven~~.y three rOclh! ()F Vf',I 1. , COL.O~:~~0 the Owner, at~c~ J, 1'~. H}'~~:,:~; CO„S7U~TI01~5 CO, the Contractor. The Ov~~tier ~~tnc4 the Contractor t~~t-ce as set forth l~efow. AIA E}U(a'A11'~T Ai l1 C}',ti''.Il:~f(lti~~"~C`~ n.ffiE(11FtiT 5!f'l~ti'$CF; 1±~? EE~ITIpN AIAI~'J1`fE,7 tHf. h'.1l"nlCA.ti I~iT11l,lE (JI n1:Glli:(.15, 1'Ji'1E11 1(}R}:.~ti'Erii'1, !y.l5', 1\ASHI~GT(?N, D, G.:0001G f• EXHIBIT ]. ;I i {~ i AR71ClE 1 THE: Cc~ti1'itACT t]C)Cli.'~iF;~TS ~flrr Cunlr.trt I~nlt:^1t'~lt~ cur:~i~l of tl}~~ A};rr•:•rtr~nl, Crrr7d,tir)ns ni thr~ Ccrr~tract ii;ena•r,:l, Su;);3lementar~• Ind cllhc'r r" tu;rS:l,r,r}~'. I)r,i•tiffl',;,, ~I)r t f'Il,il.r)r~~, all .•'+'l,fr'n(Ja is>uc[J ;riot to ezc'tutlcln rrl this A};rrerlu'nI ar+rf al! Afucllilc.ttlr'rti I>~r:r'(: Huh tr5~t.'r.t Il~r'r„trr. illct~c' ir,rn3 tilt C~nntra~r, ant; all arr• as fully .1 ~3rt of the Contract l7 It all,l(I1('C; In t}i,~ r1:;rcl'flii~f'I (>f it';'~~',,lr'rl IT('IClf1. Jan E'r);Fr;l!'r1tlOn llr Ef1C CUntract f)ut:(rntienls ii)I)l"'ar5 In /Irticlr~ 17, Ir arl)II•,CS; ,il 1itU {~l':7e•ral ~.1Mrltltllt=ns I~ InCCJl1SIStC'r)t L4'rth IilES ~1};rer`[11Prlt, 111C /~C,reC'mE•n( Sfrdll },G1ern. ARTIC f_E 2 Tti1= WURK Tllc Cc)ntrr,ctcrr shall pcrfc,rn3 ill tlu~ IVc~ri; rrcluired b}' t;tr Contract Docun3cnts for (I rear intrrt tf:~ ear~':c,r. r'r rr,pr~,r 01 N:. ltnrl. a; a°, d un rrhr•r C: alraer n.uurnrnrs ) Fabrication antl t~rection ar tl~c precast concrete on the Vail 7ransportiytian Ceni~.er, clot incll;ciing the area hc)u:)clccl on i:hc~ ,ti'ost b~• col_umn lino S, on tl~c.' 1c)rt.l) ~)~• c~uiut~;r~ i.it~cr ~, on the' EtcSt ~1' cc~iumn ].a.ne ].5, at~c3 on t.hc Sc)ttth ~}}• co~lan:n ].i.ne A. AfZTICf_r 3 ~wRC'I~iITl;CT Tttc llrc hitcct for this E'lujcct i5 Jrarrles Beam t~tnd 1'~ssaciates Ins . ?_43 f;er:rt~G~y Street San f~rancisco, California AKTICL`` 4 TFiE C:QNTR/ICTOR'S G7UT1f-S AIVD STATUS Thy Contractor accepts t13e rel~~tronshi;) r)f trust arld confidence establisf}ed bet~i'een him and the O~~'ner by this ilgreentent. Ike covc•n.tnts l~itl3 :he Otitiner to furnish f~ti; bell sl<iIl and j[,dgrnent a~lri to cr)operatct ~sith the Ar• chitecl in furtherin:; the inlerc•>ts r)I the C)ts'ner. 13e agrees to furnish efliCierlt 3Jtrsin~ss administration anti sul:erinles,d~nce antl lr) use h~~ best cfir>rts to tarnish at all times 7n aciec,Erate sui,;)Iti~ of ~snr4:men and n~ate- rials, , n;f to I,c'rfc,rrn thct 11'ori, ~n the best ants sr+Imdest vray and in the most cx;~ediUous and econorr)ical man- ner consistent ~~ilh the interests r3i t13e C)~~'ner, '- /.IA U(~CL!.\S['.T hlll r,11\IRi11'~1F;~CT(Jr; ~r.Ell~ii~\[ • T•SFi[ti'faF: 1'.Mi7 [[ilTiUti AIA±3' n1rH~7 .Z 111E A~l{i:IC~': f'. ;', 11("t Oi F.fir,di~lEl'TC. 1`3i h[S1' 1[)r:K R~t.tiEE. rv'.41'., N'ASlll~i(Gil7V, U. C. ?OOOG ~ ~ ~ AFtTlcLl` s TI,44E Of CC3.ti1.11f:!~'Cf+'~4E+'~T ANn CC1h1~'LC710i~i The 11rr)If, to hip Jx~r(ulmcd unrJt•r this C(lntrart shal# be. cntnr~lenced 1111;13GCS1 c! I.(; ly dnd cnmfrl~~t('c1 ~)y llC'CE'I"f}er 1 , .['1~4. CrC inrrN 3,.Y 5i.~"~.'!r r+rm rt ~r era !Of hyV~[fJlr J ~:Jn:,i ('rL lPla;.n~ k> 1Jilrrrr [n (n:llnlrfr or! riTP } A[tT[Cl.w h COST QF TfiE 1VORK A~1D GUAE~AI~IT>=ED ,i~AXlh'~U,'1~ COST ~,~ The U1•;ncr ar;tees to teln~b>,rrce the Contraclar for the Cost of the IVork as defined in Article {J. Such c reimbursement sh,lii be in ,Fdditir~n io tfT(' Contractor's Fee stipulated in Article 7. G.2 The t3ia~;inulTn cost in the O\\•tter, includin(; tl~e Cost of the 41'c~rf: and the r Contractor's Fee, is guaranteed i not to c>.cecd she sum of - SEe unit prices bel o'.r. daflars (~ }; such Guaranteed r'vlaximum Cast sha![ be increased , or decreased for Changes in the 11'olk as f~roridcd in Article ~. {ltrrr rnsrrt any peutiuron for d+strrbu(+on of and sar+l,gs Delctc Parag,anF, G 2 i; Eherc is no Guaranteed h(,'.ximum Cost.J EE E i. 27-7/2 -r~ 21/2 by c-ft. "Twin 'Cce" ~'ar~;ing Slabs ~ 2.695/sq~.ft. 2. PreCc35t Colin}n5 i 38.50/lln.ft. k 3. Prestressed InvertE~d Tee Beams 3i .90/lin.ft. ~ 4. Exterior Precast Panels with Corbels t 6.05/sq.ft. i 5. inter°ior PrE'cast Panels with Corbels .. 5.225/sq.ft. • 6. Precast Stair Units ~'~i th ;~{anol i thi c Landi ng5 556.50/unit 7. Stair Side'~rall Panels t•rith no Corbels 3.$5/sq.ft. i i AIA [7CKVhtkM1i A1S1 ~ t)1\',II:(rl`1`:.1(~!~?F: ACf'1ltitC!:r trf']r\VI;E~ 1`.+~_; Ci~llla"! ~ A1.4(; ~19L7 3 • iliC h~\tEErIC•\ti ititi~ITCl4 OF ,gr('I3Elk'CrS, 1;ij t~f.1V' 11JR1; .4\C.'~Ur, h LV', 1\'ASIIi.tiGTOti, [). C. ~D(1~\(+ r .. • AR7ICFF 7 C~`?NTRrtCTUR'S FEE 7.1 In rc.;; ~r!~.~r.ltir ~1 rsf tl r• f~+ r:u•m.~n,r of the C'r3nlrar.t, Ehc Oti~ner arrccs Ic] pay the ContraUOr in current ftmcl, ,?s 4r^^;]~~n~,ltoun fnr I:,, ~,.~rtircr, ,I Cuntr,trtt,l's Fre as fnrlt~~ss: Ten perc~r~t (l0~) of the Cost of the l;ork aS defitiLd in Article 9. 7.2 f'ur C~hanr;rs in the 11't,rk, the Ccmtraclur's Fee shall h4a adjtrstcd as falfalti•s: Ten pet~cert (10:') of tl~le Cost of the 1~lork as defined in Article 9. 7.3 1"hc Cn^tra4li,r Shall I)c: pairf ninety five per cent { 9J °,o} of the praportianatc amount of his Fee ~~:~th each I~rcts;ress p~}'rt:t~rtt, an41 lire l~alar:ce of his fee shall }~e paid at tlt~~ time of final payment, ARC"1Cf_E a CfiAivG1:5 ifs! Tiit~ 4vOKK ti.1 The Ol~,~er rn:,y m~l,c CI?,~r~r,es in the 11'ori; in at:cardance lt~ith Articfc 12 tat the General C:ondilions insofar ~ as such ~lrticlt• '':s cansistert kith tf?is r1rrC~emenl, 1'ite Contractor sha!i he rciml3urscd for Changes in the V4'ar;; on tl~e l,a.is of Cost rti tl:c` 11'arf: as deflect! in Article 9. I t;,7. ~€hc Co^uactc~r'~, feu ic~r Changes in the 11'or'; shall be as set forth in Paragraph 7.7, ar in the al.~sence of i specific prn~.'isians therein, sha"I ;?e adjusted i~}' nef;otiation an the F?asis of the Fee established fnr the arit;inal ; 11brf;. ARTICLC 9 COS7S TU RE RLih~kl3URSF.D 9.1 7hc tents C:a>t of t??e 11'ork shall mean costs necessarily incurrcc! in the proper per(armance of the lh'ork i anti paid b}~ the Ct]ntr~trt(,r. Such costs shall be at rates nr]l i?is;her tf?an the standard I-,aid in the locality of i the 11orf: et~c~pt `tiilh prier con-.nt of the U~s•ner, an4! shalt ir~clvde the items set forth below in this Article 9. , 9,1.1 11+.tt;r; paid for laf>ur in the r#irect eniplay of the Contractor in the performance of the 1Vork under ap- ! plic.?b!t~ cof~c,ti:a h,ir~~,~inln, a:;:eements, or under a salar}~ or 1+'at;e schedule a,reed upon by tftc Ul~~ner and Contractor, ar,d in~ludi~t:; Strc.h tic€farc or or1?er bencfrtc, if any, as rna}~ be I:ayal>le liilh respect thereto. ' 9,1,2 5.tlari~~~ of C~c,~ttractr]r's crnpluye~~s ~4hert statinncrf at the field of;ice, in lvhatever capacity empfayed. frnplu~et~s cn:;;,srcd, ,~t ,itul's nr 4n the roacJ, in c~pedit~nt; the prpdur.t,c:n or lransporlation of materials or i cc{uir3ntrnl, ~'~,III ht' con:r~'cred as st.ttlnnecJ at tI1L' fleid oiilce anti their salaries paid for that portion of their lime Spent o,n titr. 11'nri;. j ~r/. COCC".tL!,T X111 • iSl1",!~: C•i','I ~: rr)r, nr,sr[.~sl\1 ~L?ll'\tlirR }~~„ Er11T1~7": At~l'a ~1t.:,; k lnC ~,atl};IC/~ti .\yllrC iC C)I Ar:Clti.rii .S, i"]+ '`111 1Ukt: ,41Cr,1'r„ ri.11', 11AS3iltiC,iQ~', U C. ;(Kr_4 1 • ~ `, ~ c9.1.3 Cott of ct)ntnhclnol+s, assessments nr taxes for such items as unemployment compensation and social sc- ctrril€•, in;nfar a~ sucf~ cost n bases! c>n ++•as;es, saltines, or other remuneration paid to ernpfayees of the Con- tractur and I:'~clurlr'cl In rhr~ Gust of tfx' 11'c,rk uncicr Subf,aras;raphs r?.7.7 anti 9.i.2. 9,1,4 111c' prcrt)~xricrrl cFf re~aconable tr.rnsj)nrtatson, travcllnp, anti hr)tel e~r)enses of the Contractor or of Flis afilccr5 ur 1~11)1)~~~.ec~ti Inturrrcl in thschar~,c o! duties eonnecleci ~+Itll tfle Work. 9.1.5 Cost of till rzt.ltrrials, sutrt)11es and equipment incorporated in the 11,'ork, including costs of transportation tleert~nf. 9.1.G Pa}rrlentt nracSe b}• the Contractor to Subcpntlactcsrs far 1Vork performed pursuant to subcor)iracts under this A,recment, 9.1,7 Cott, inc~:,clirTr; tr,)nsport,Tl'+on and maintenance, of all materials, supplies, equipment, lerl~porary facili- ties r.,,.: :,.. J t t ... .; i., t' _ .. ...:>, ++~hich are consumed in rile performance of the ~1'orl;, and cast less salvar;e +alue or) such Itcrz; used lout not c:unsur)ied +vftich remain the property of the Contractor. 9.1.a 1:cnt,l char~~~s of all necessary t)~achincry and cq~ipment, er:clusi+•e of hand tools, used at the site of the ~~rorf_, +vheti~ler rented from the Contractor or others, ir,cludlr~g installation, minor repairs and replacements, dis- mal)lling, remo+~zi, ir,tn~pnrtalion and delix~ery costs thereof, at rental cflarges consistent witi) those prevailing in the Area. 9.1,9 Cost of p;emiEarrt for all bonds and insurance which the Comracior is requirCd by the Contract Docu- ments to purchase and I))aintain, 9.1.1U Safes, use ar similar taxes related to the l~rork ant! for which the Caniractpr is liable imposed by any gavernmcntal authority. 9.1.11 f remit fees. ro}~allics, ci,3r~iates for infringement of patents .end costs of defending su'sts lhcrefor, and deposils loft far causes other than the Contractor`s nesjlis;enrn. 9.1.12 l.ps,es ar,d t~~pcnses, not compensated by insurance or otherx~ise, sustained by tf)e Contractor in connection I with tilt 11'nrl., pro, ided tlscy have resulted from causes ogler tflan the fault or nes;Eect of the Contractor, Such ; losses shall incli:de settlements made ++•ith the written consent and appmvaf of the O++•ner. fro such losses and i expenses shall be int!crded in the Cost of the 1'1'ork for the purpose of de[erminins; the Caritractor's fee. !f, ho+v- ~ ever, such loss rc~c;uirc's recon~lnrctinn and the Contractor is placed in charge €hereof, he shall be paid for his ! services a Fee proportior)ate to that stated in Paragraph 7.1, 9.1.13 Minor expanses such as tele,rams, ions; distance €elephnl)e calls, terephone service at Elie site, express- age, and similar petty cash items in connection +vith the Work. 9.1.14 Cost of removal of .111 debris. 9.'1.15 Cods incurred due to an emers;ency affecting i1Te szfety pf persons and properly. 9.1.1b Other costs incurred in the performance of the Wark if and tp the extent approved in advance in ~~'rilint; by the CJe:nE•r, ~ 9.1.17 A charge of 1-''~% of tl;e labor cost shall be paid by the 04vner for till ii contractor furnished small poorer tools. AIA hpClFhl[tiF A411 C}',+h,fC~CC)ti1RAC1r.)k AC;~Ir~lt'~T St F1E!.lRfk 1'Y.+7 er)ITIOti ASh_R; !'~19G7 7ril A.+1[tilC.hti Iti51111 lE tar ,Cl,rk1l1CCTS, 1~3i t\ri+' +"l3f~K A+'Lti'LL, ::.1V., 11'A51111L%lati, B. C. 'UOJS 5 ~ ~ ~ ~ ARrcCt>r 14 COSTS hUT TO BF I~C1~~113UItSED 10.1 'file Icrm E"'+rl c,f IIFC' 14'cxf. ~h,,ll nc}t irtciudc my cif the rtcnts sE't forth E)ck,ly in this Arliclr. 10. 10.1.1 5,rl:rric'S c,r nthc~r cc~m;x~n~at~c„t c,f the Contraclc)r's offict~r~, errcutiles, f;enr.ral manai;ers, estirnalors, aud~tnrs, acccs',rnl,tni~.. In,rcl,a.inr, and contractin; a~cnts anc', other emplo~~ees at the CnnUaclor's princittal ati~cc and i)r.:ncl1 criiiccc, e~ccl}t c'm;);e.yr•+•, csf ihc~ Cc,nlractor 11.11rn cns;ai;ed at shops ar nn the road in ekf3c~ciitin~ tltc productic,n c}r tran~llnrtalic,n c,f r1}.ttrrlals ctr cyui;tm~nt fr)r the 1Vnrk. 10,1,2 f\i~evl,rs of thc~ Cr,ntr,ulasr'c ('rirlcii~al and l3ranch Oii~ces other than the field Clffiu~, 10.1.3 Any t).Trt of tftr' Contractor's cai~itai expenses, including interest on the Contractor's capital employed for the 11'c,rf,. 10.1.4 O+•rrl~e,td nr f;encra! expcnsc•s a! any I;irid, except as Wray be expressly i+~cludeci in Article 9, 14.1.5 Cc);ts clue to the rtc~~;li;+:ncL~ cif tl,rr (:ontractor, any 5ullcomractor, anyone directly or indirectly employod by any of them, or for \\•hn~c ac t~ an'; crf theli~ rT-ray be lial:,lc~, inclutlir:~ but not limited to the Correction of de- frctivc 11'n,l:, ciisl',u~al of mat~riais anti cctuipmc'ni IvranF;ly supplied, or making food any c9amabe to propc'rty• 70.1.6 1hL' cost of anc• item not s{~erifically and c~xprr.ssly included in the items described in Article 9. 74,1,7 Cots in excess of the Guaranlc~rd 1ltaximurtt Cott, if any, as set forth in Article G anc! adjusted pursuant to Article F3. A~Tlcl.~ 11 piSCOt.INTS, I2EI311'rL-S A~If7 E;EFUN175 All cash discounts shall accrrlc to tl}e Contractor unless t11e Owner deposits funds with the Contractor with tivhich to makr payments, in I+hiclt rase the cash discounts shall accrue to the O\vner. All irad~. discounts, rebates anti refunds, and all returns from sale of surplus materials and equipment shall accrue to the OlvnE'r, and the Contractor shall Ittake provisions so [hat they can be secured. (Here insert any pruv;sipns rriaGng rn drrosirs by the Orvnrr !o permit the Contractor rn obtain casfr discounisJ ARTICtIr 72 SUBCOiv'T€tACTS 12.1 All portions of the 1lrork that the .:.antractnr's organization has oat Been accustomed to perform shall be performed Emdcr subcontracts, The Contractor shall rertuest bids from subcontractors and shall defive- such bids to the Architect. ~Fhe Architect will then deterrn'sne, 1\~ith the advice of the Contracior and subject to the apprc,1.31 of the O\\'ner, \ti'hich bids \vill he accepted. 12.Z Aft Subcontracts shall confc„m to the requnements of Paragraph 5.3 of the General Conditions. Subcon- tracts awarded c,n the basis of the cost of strclt work plus a fee shall also be subject to the provisions of this Af;reentent insofar as ap])licablc. AIA E7(7C.U.ur*iT A111~• ~)'•1r:ER rC}tiT>vAC_TUR A(',REE1,tE',T • S[PTF.\11rT~ tY' rr)rT1Cl^! AIA N: 01967 7HC A41CF:lc.~ti I\'ST,TL•,E E)I AR(:1111Lr1S, 1:35 M[54' 1C)Rf: A\E'~'L;C, h.IV., 11'ASEiItiGTQN, b. C. :'000ri G r ~~ .... ~ ~ ~~ ART[CtE 13 •ACCrJUNTIhG RECORDS The f:c~r}'r;cls)r ~.rr,r€I thcci; aJl r1),)Ic~r;~'c, ottrliprnrnt and [a1?ar cnterin; into tflc 11'ork and shall 1,ecp such fukl antJ r?rta;:c'rl ar cu~u)t. ,a may 1~e r. c•, c~~as1 ivr t?ropcr financial man, nerncnl under ibis Agreement, and the systt•1:1 s4r, II he ~•,3tl~l,rctnrl~ in thr O'..^er, tine U.tincr shall he afuxded access to al( tiro Contractor's records, bar,l,s, cs,rre-i~~~nt!erlet°, In.trurtre~nc, dra»onks, reccit?ts, loucl~rrs, memnrancJa and sinlil,l- c.',ata reiatrnc; to this Car;tr,rct, arttl ti)e C:untractvr slzaJl pre~erle ail such records for a period of three years after the final payment. ARTECLE 1-# !'<PPi.iCATIOyS FC7R P.~Y:IS1=~T The Ctu);rac:tvr sh; II, al Ie,i~l ten Clair before each progress pa}~ment tabs due, deiil~er to the Architect a state- ment, shorn to if rcgiurcEJ, ShC)111n_; Ill corzplete detail alt nlone}s pair' out or Costs incurred by him on account of the Coll of the 11'c:r;; durirTg the i~rcl•inus mvnt€~ far Iti•izicrt he is to be reimbursed ur;der Article G and the amount of the Contr,rc.tc,r's Fec~ d,:e as prol•id~d in Article :, taoether with pa}rolis for all labor and all recciplt~d bills for 11•hich payment has peen receded. ARTICLI= 15 PAYI~'[E~ITS TO THE CQNT1tACTOR 15.1 The Architect 11'ill rel•iew t3,e Contractor's statement of moneys due as provicictl in Article 14 and will promptly issue a C.t:rtilicate for I',?yrzicnt to the C31s~lser far such anzot:nt as tse approves, Irhic}t Certificate shall be p;:yab!c an or r:lx>ut the tt;ntft day of the montlz. 15,2 Final pa}•ment constituting t!-c unpaid ba€ance of the Cost of ;he L'~'ork and of tine Contractor's Fee, shalt be paid b}' Cite Olt r.t°r to the C:onirc:or Ivhen the 11`ork has been carri?leied, the Contract fully performed and a final Certificate for Palnzent hzs I~ee~z issued 1zy thr~ Architect. icrr,al payment shall be due thirty-five da}'s after the date of ~ssuancc c,f the final Certificate for t'ayment. i5.3 A11 Cct°tificates for Pa;/r~enf; will be subject to 5~` retainage. Z5.4 Final p~3y~,tet~t, including rc.tair~aye, shall be rude ot~ all work that is ire place and approved by the architect and tyre Di•rncr on December 1, 1974. ACiTICLt iG T>w1zi~~kr~~A~r1ol~ o~ T1~t co~,r~-nA~:T 1G,1 'ihe Contract may' be ten,zinated by the Contractor as pro~~ided in Article 14 of the General ConGitiorzs, 16.2 1i Cite O~I•ncr t2snzinates the Contract as provided in Article 14 of the General Conditions, he shall reim- burse the Contra:to- for any unpaid Cost of the 11'ork due him under article G, plus (1} the unpaid ba3ance of the fee romputeri E,pan the Cori of the 11'ork to the date or termination at the rate of the percentage narrred in Article 7, or f~} ii the Carztrartar's Fee be stated as a iitied sum, such an amount as will increase the payments on account of tits Fee to a sum 1~l~ich bears the same ratio to the said fixed sum as the Cost of f11e 14'ork~at the tinlc of lcrn;in~tion izears to tine ad;..sted Guaranteed ,4iaximum Cost, if any, otherlvise io a reasonable esti- mated Cott of the Work lyhen com;,IeteE{. The QII•ner shall also pay to the Contractor fair compensation, either by purchase or rent.I at the election of the Ullner, for any eruipnTent retained. !n rase of such termination of tl-e Contract the Ch~ner >hall furthrr assu^^e and become liable far nhl:,.;ations, commitments and unsettled claims E'nai the Contractor h; s t?rel'iausly undert.~.!.en or incurred in goad faith in connection 11-ith said 11'ork. The Contractor shall, as a c:nndition ui rcceivinn Ihr. 1?: '. n?ents referred to in this Article 16. execute and deiil•er ail such papers and take all such s:ct~5. irzclucJinr the legal assi~nmeni of his contractual ngi-ts. as the O~I'rler may reciuire for the~aurposc of full}• Ics;inr; in itim the rY,h!s and s~cneflU of the Comtractor antler such oblis?;ttions or eonzrnitments. I7 accorci:u~c:c.' u~a.th i:hc~ 'Tolle Cc;~~•~cil re~so3Ett:ion of Dec~~:i~c~• 3, L973, the ou~rer re~c~r~'c's the rii;lzt to tcz~rra.n:~t.e car,tract at am; ti::~ before :~i~xch 1, 2974, at~i arc_orci:~~cc. Wi th pz•e~~ision a: :Lrticle ~G, Section 16.2. AIA E1act'tihE!<T Aiti1 O11'~I ry-CO.'•tRH(I(lR !. ;if C•.lt\T ~ 5[PrFt18ER 1?L° [nrtiC).\ ,la W) x.176; 7 114( i1•tilCi~iC\`: I>.Y:Itt.tr Ur ~1kCrIlTrCiS, l%~i \iN' 1'{lF,ti n`'E~UC, till'., 11'ASrtItGlOti, I). C. :OC:pfi f +~~'~ ~ ~ ~. n~Tici_c ~~ h415CEl.EANEOlfS P~OViSfOr~tS '17.~ ~Ic•rr~r. u~.c•cl itl tl~iti AE;rt•rmnr,t ~,~f~ich ire cieftnec! in the Crmc!itions r?f the Contr,lct sh,~1f ha~~e thc~ I~~canin~s citi~s~;;n,~t+~c! iii thn~+~ Cc+t~cl~tic~n~. '17,7. 1l;r Glr~lr.~ct I}ctcun,cnt~, ~~I~rch Ccrntititute the Cnlire a~;rccmcnt hettiti~cen th'e Owner anr! tine COntr.lClOr, ire listc•<1 in ~trticlc 1 ancl, eycc•I~t fur ~~{UCi111C,111Qr15 is~ucci after cxrcuiiotT of this A};rremcnl, arc enumcratt•cl as fnllc.~~,•,.; r[,fr t.e 1~„~ !hr i;,rtrrrnt nf, Cuncf+frr~tt< of rhr fnnt,,rcr, ffrnrrd`, Su[»Irrnrnrary. e+ft:rr ('ontf+r,ons7, Pear+~rnrs, S,~reiriral,nns, Addrrttfd end aernpleel etrter- rta:^s, she„+nl` t,,rtit• t,r ~brr t ne n,br~. u+.,n cars and J,ur< +tihcre appl+caGre ] The follo;~ing pl~sns (pari;ir~c~ structure portion only} dated 5 September 1973: Prt?linTinary Architectural Plans,' lA thru 8A, 14A, 15A, 17A, 23A, 24A, 29A and 32A. Prel irni nary 5t:ructural Plans, S1 thru 56. Prel imir}ar„r 2~1c~chanical Plans, t~il thru kT13. PreliiT~inary L-lectt°i cal Plans, El. ATA pacument AZO1, General Conditians of the Contract far Construction dated April, 1970. 17.3 City an{~ Cnunty Sales Taxes, if any, are to be paid by Owner over ar>d above the Cost of the ~~lork as ckefined in Article 9, and the guaranteed maximum cast as defined in Article b, 17.4 The Tot~rn of Vail 4•ii 11 al ]ot~r the use of the ~`x}~hol z property• fot~ storage of materials, equipment, excess excavation, etc. resulting from tk~e project during the cotistrl~cl:ion period. t. AIA hUC['tiltr:T At]i ~ c)11~Iti-(:(J~Ti:•\fT(.}; ArFfEtff':i + SCPTL1tF[R 1!iG' IIa1TSO.+1 AIAyt ~17G7 g TFIE. ~h1l1;ICnti Ir.5111Ltr ell nr:C:lll;lCtS, 1")5 hf14 ti'CRK .ti~•f.tis/[, N.11'., 1~'A5111t.GTO~ti, P. C. 1+xX,G r ~ ~ ~ ~ This Agreement e~,c~cuted ilzc day and year firs[ Ivritien abovr>. TOIdN OF 11A1 L ~ ~3. A. ~3YD- COQ, i RUCTIOi't C . ~ ~ / ~. / l~~lavor ~ Fittg~f ~~I. bier, President l /~ T w ~ Mar~ac~er AIA UUCC't<.11'. 0.kSE C)11'hE~~C(711i_.~C~ICiri AG~EF!.5C4T SIFTF\SLEF: T9G' [DITIU` AlA7 G1?61 THE AASLRICA~ I\SIIIUIE (1F Af~(.IliTiC1S, 1;%i hE11' SUf:w AI'E~UI, hS1'., 1\AS?11NGTU~, D. C. 24,Aw f 9 i ~ ~~ ~` r ` 6 t i ilk' ~ k~ ~; { M ~ ~ ~ AMENDMENT TO CONSTRUCTION AGREEt~CNT bet~ti~~:c~n Town of Vail, as Owner, and J. A. Ryder Construction Co., as Contractor, date~~ November 2G, 1973. The Town of Vail, Colorado, as Owrner, and J. A. Ryder Construction Co., a Colorado Corporation, as Contractor, hereby agree that the above captioned Contract relating to the construction of the Vail Transportation Center be and hereby is amended as follows: Article 1 - The Contract Documents. No change. Article 2 - The Work. Amended to read as follows: The Contractor shall perform all the Llark required by the Contract Documents for the construction of the Vail Transpor- tation Center excluding all landscaping work and including only structural backfill, structural concrete, rough-in, mechanical, expansion and crack control joints, and the kiosk in the area between column lines ll and 15 on the topmost level of the structure. Movement of all existing utility lines on the site is the responsibility of tl~e Owner. Article 3 - Architect. No change. Article 4 - 1'he Contractor's Duties and Status. h'o change. Article 5 - Time of Commencement and Completion. ~~ Amended to read as fal l as,rs : The work to be performed ~~~~~~er this Gents^act shall be commenced immediately and completed ~y Nover~bcr l5, 1915. A section of tixe site is to be n~~ade available to the Contractor far mobi7i- zation of his forces on April 1, 7974, with the entire site available an April 15, 1974, far commencement of work on the site. Ar~_ic.lc C~ - Cast of the Wars: card Guarani.ee~ci I~axir,~um Cast. .. ~_--- 6.1 - Na cf~rangc. 6.2 - Amended to read as fol 1 o~,as The maximum cast to the Owner, including the Cost of the Work and the Contractor's Fee, is guaranteed not to exceed the sum of Four Million Six Hundred Eighty Four Thousand Dollars {4,684,000); such Guaranteed Maximum Cost shall be increased or decreased for Changes in the Work as provided in Article S. 6.3 - Added, as follows: The Guaranteed Maximum Cast and the Contractor`s Fee as set forth in 6.2 abave is based upon purchasing reinfarci;~g steel at $16.10 per hundred weight and purchasing welded wire reinforcing mesh 6x6-6/6 at $7.50 per 100 sq.ft. ThE Owner acknowledges that it is not possible far the Contractor to acquire such items on a fixed price and agrees that the Guaranteed Maximum Cost and the Contractor's Fee shall f,e adjusted by the actual cast of such reinforcing steel and welded wire reinforcing mesh. Article 7 - Contractor's Fee, i,1 - Amended to read as follows: In consideration of tl~e performance of the Contract, the Owner agrees to pay the Contractor in current funds as camp~ensatic~n for his services a Contractor`s Fee as follows: Four Hundred Twenty Three Thousand One Flundred Dollars 0 423,100}. 7.2 - No ch~rnge. 7.3 - No change. ~ ~ ~ AMENDFiEN7 TO COriTRACT AGREEMEI~ ~ (conti rtued) Article 8 - Changes in the Work. Igo change. Article 9 - Costs to be Reimbursed. Plo change. Article l0 - Casts not to be Reimbursed. No change. Article ll - Discounts, Rebates and Refunds. Igo change. Article l2 - Subcontracts. Pao char7ge. Article 73 - Accounting Records. No change. Article 14 - Applications for Payment. No change. At°ticTe l5 - Payments to the Contractor. 15.1 - No change. . 15.2 - No change. 15.3 - Nc change. 15.4 - Amended to read as follows: Final payrrrent, including retainage, shall be made on all work that is in place and approved by the Architect arr December 7, 1974. Article l6 - Termination of the Contract. Igo change. Article 17 - t`:iscelTaneous Provisions 17.1 - Pao change. 17.2 - Ar~ended to read as folla~~~s: The Contt~act Documents, ti~rhi ch constitute tha entire agreement ` between the O~~,ner and tyre Contractor, are listed in Article l ar.d, except far P~Tad`i fi cation:; i asr,ed afi~er e;:ecution of thi s AgreeTent., are enumerated as follo~~~rs: Plans describing tl7e work as follows (all being initialed as of the date hereof): Sheet D - Cover Sheet as corrected thru February 15, 1974. Sheets A-l thru R-27 - Architectural Drawings as corrected thru February 15, 1974. Sheets S-1 thru S-9 - Structural Drawings as corrected thru Phase 2 Additions, February 15, 1974. Sheets S-lC thru 5--17 - Struct~rral Drawings dated February 19, 1974. Sheets P4-T thru M-9 -Mechanical Drawings dated February 19, 1974. Sheets E-1 thru E-7 and E-9 thru E-ll - Electrical Drawings as corrected thru February 75, 19.74. Sheets G-l thru C-4 - Civil Drawings dated February l9, 7974. AIA Document A201, General Conditions of the Contract for Construction dated April, 1970. Specifications for the µlork cans i s ti ng of E3i ddi ng Regi=i rements , Contract Forms, General Conditions, 5uppTerrtentary Conditions, Special Requirements, and Technical Specifications dated December 15, 1973 as amended by Addendum rl, Addendum ,~2, and Addendum #~3. Section 2C Eandscape Improvements is excluded. I_ettcr from Rice Marek-Narral & Holz dated l5 April 1974 defining the scope of electrical work related to snol~ameTting included in the contract. Specifically excluded from this contract is all work shovrn on dra~~~i n^,s and cal 1 ed for i n the specifications which are i ncl~rded in the~Tandscaping portion o-~ the project. This also excludes all Mork on the topmost level oi' the structure in the area ~ ~ +, AMENDMENT TO CON1"RACY AGREEMENT (continued) Article 77.2 -(continued) bounded by column line 11 an the west and column line 75 an the east except structural backfil], structural concrete, rough-in mechanical, expansion and crack centre] joints, and the kiosk. Letter fr^om J. A. Ryder Canstructinn Ca. to Town of Vail dated Marcl~ 25, ]974, concerning conditions governing construction. 17.3 - No change. 17.4 - too change. 17.5 - Added, as fol]a~vs: The Guaranteed Maximum Cost and the Contractor`s Fee are based upon the fa]lawing estimates and a]lawances: 17.5.1 -Mass excavation and fill quantities and the Cost of the Work in the contract budget are in accordance with quantities furnished by the Structural Engineer ar.d the fallowing unit costs: Mass excavatio~~ and stripping - 52,500 cu.yds. bank measure - $i.00/cy. Fill at road east end of project - 10,968 cu.yds. bank measure - $0.35/cy. Mass backfilT in accordance with 2A~-3.4E - 30,000 cu.yds. bank measure - $1.25/cy. Mass backfill in accordance with 2A-3.9F - 53,520 cu.yds. bank measure - $1.00/cy. 17.5.2 - All paving, curb and gutter^, and road repairs have a budget allo~~~ance of ~31,23U cost. This includes all work required unde,• Supplementary Cand-itions, Paragraph 4.75.3. 17.5.3 - Glu-]am/timber connections at elevator house and kiosk are: included with a budget allowance of $90U. 17.5.4 - Ratt insulation_in the building is included with an allowance of X1,000. 17.5.5 - Gr^aphi cs al l o~~,~ance o. X15,000 i s i nc] uded i n project budget and covers x71 graphics work including painting. 17.5.6 - T!}a work defi nod i n the E7 ectt^i cal Enc3 i neer's 7 et-cer, of April 15, 1974, has beery included with a budget alloaF;ance of ~~-,(?i)~3. An amount of $24,x92 has been deleted from the electrical cont:ractar's costs as a bur~get allo,,~;ancF fnr v;or^k sha,~rn on Sheet E8, not• to he perforr~ied t,nder this Agreeirent. 17.5.7 - Seat. cushions for built-in seating at Ter-~i,~~inal are inc7uc~eci with v budget allowance of X1,350. The Guaranteed Maximum Cost and the Contractor's Fee shall be increased or decreased by the actual cost incurred for each of the above items. 17.6 - Added, as follows: The following changes to the Contract pocuments are hereby made: 17.6.1 - Asphalt stripped from the existing parking lot may be rased as fi]1 at ar near the bottom of the .berms.. 17.6.2 - Use 1/4" thick glass in lieu of 5/]6" glass where permitted by structural requirements and usage. 17.6.3 - Modify skylight specifications in ~ccardance vrith Rrchi- tect's direction. 17.6.4 - Add fireproofing to stems of concrete twin tees supporting tl~e lor~rer level of the Tern:i nal . 17.6.5 - Delete thickened slab and reinforcing steel at first 7eve] slab construction joints. 17.6.6 - Reduce area of pavement snowme7ting at the Terminal to approximately 150 sf located at the west and north entrance doors of the Termina] from doers to curb line. 17.6.7 - Delete gravel from behind retaining walls. 17.6.8 - Delete sterax additive in cnncrete tapping, 17.6.9 - Change waterproofing of t4~;in tee tunnel roofs to compound ca~:npased of l2 gal. asphalt per square reinforced vrith 2~~ glass fibre par square. s AMENDPiENl• TO CONTRACT AGREEMENT (continued) Dated this fit~3vER rn;,i;~ ll I' VL T f 17.6.10 - Change phone booths to job fabricated with waod exterior and plastic laminate interior surface with shelf and opening for telephone book storage. 17.6.11 - Delete all concrete wheel stops. fiurnish and install woven nylon lines between co7u~nns at parking positions at east, west, center lines on ]evels one through three. 17.6.12 - Delete steel mesh in all slabs on grade. 17.6.13 - Delete second coat of curing compound required by specifications. 17.6.14 - Delete bumper rail except at elevator lobbies where bumpers change to steel channels in lieu of steel tubes. 17.6.15 - Dse HSP system expansion joints on all expansion joints in lieu of Acmeseal. 17.6.16 - Change raised pavement at exteriar of Terminal west of column line ll to expose aggregate concrete with seeded pea gravel surface. 17.6.17 - Revise lighting fixture design at third level of Terminal to use standard industrial fluorescent fixtures with waod enclosure on three sides. 17.6.18 - Delete painting of concrete walls and block walls in the Parking Structure. 1"1.6.19 - Delete sand blast texture on all concrete surfaces except those at Terminal and Pedestrian tunnels. 17.6.20 - Delete caulking on inside of vertical j_aints between Mall panels in the Parking Structure. Retain caulking at the stairwells. 17.6.21 - Delete all resilient flooring at Terminal. 17.6.22 - Delete rear cabinet arork and plastic laminate panel behind food concession area, front counter. 17.6.23 - Modify handrail construction to be ~-bar design in accorda;kce with Architec~'s detail. 17.6.2 - F,dd protective rail at exhaust ventilator shaft as detailed by Architect. 17.6.25 - Adci footing dram l i ne on north side ai` Part:i ng Structure: and connect to storm drainage syste;~~. 17.6.26 - Install dampprcaf~;~g on exterior N;alls consis'c:ing of ~~/5 gallo;~s asphalt vrith asbestos per square, 17.6.27 - Delete all concrete and masonry walls shown on Structural Drat•,ings which serve as backup galls for rack -valls called for on ~.andsca.pe Drawings. 17.6.23 - «echa.ni cal fresh a.i ~~~ want i 1 ati on enclosures on fadr'c€-~ 7 e~re1 based an galvanized metal construction. 17.6.29 - Delete Subparagraphs .6 and .7 of Paragraph 12.7.3.4, Page S.C.18. 17.6.30 - Special Requirements, Paragraph 17, Page SR4 is hereby modified to allow substitutions as required by the project budget and approved by the'Architect. 17.6.31 - Delete Item V, Section 3R, Page 3, Technical Specifications. 17.6.32 - Revise Filling and Soil Compaction Specifications, Section 2A, Paragraph 3.9 to allow fill to be placed in 18" lifts. l~v'~ pay of Rpri l , 1974. COi~TRACTOR ' J. A. HY~~.R ;~5, RUCTIO,~~CO. E ,~' ~• ~ ~ THE AMEI:ICAN INSTITUTE OF ARCHITECTS '~: ~;: 5'J,r `} Alfa Document A201 ~.6'aR ~~pMLB. ii ~~~~~~~i3 T!~l1S DOCU~I9Cl~+T lf,45 1.19!'ORT~NT 1.ECA2. CO,'JSEQUE,VCfS; CONSl1fTATlOIr! VVlTlf ~1N ~7~TOrrr~'E1' 1S [NCOUkAGED 4t'lT1i f:fSPECT TO !TS MODlf'lCATIOAf TA~L~ Or /sr.F~T~CLLS 1. COi~!"I-RACY DOCUMEN1"S 2. ARC"riITECT 3. O 1h~ N E l~ ~. PAYME=NTS AND COMPLE`i'iON "f 0. PROTECTION OF PLRSONS ANI~ PROPCR'TY ~~. CONTZACro R S. SU~iCC~i'~ITRf~CTOIZS 6. SEPARATE CONTRACTS 7. MiSCE.~.LANEOUS PROVISIONS 8. TIME 71. iI~ISU~:ANCC 72, CHANGES 1N TI-iF WORK 13. UNCOVERING AND CORRECTION OF WORK 14. TERMINATION OF THE CONTRACT This document has been appro~'ed and endorsed by The Associated General Contractors of America. Coryytibhl 1911, 1f~1~.'S91ii, 19?i, 1937,1951, 19SR, 19G1, 1963, 1966, 1907, ®19'D by The American Enstitute a( Architects, 1735 Nex~ 1'ailc Arenue, 1~.11~„ 1'1'asiiinglon, D. C, 2(JQ66. Fcprnduclion of the material herein ursuhstantial quotation of ils provi- sions wilhoul heimission u! the AIA vinlales the [opyright lau•~ of the United Slates and will be subject !a Rega! prosecution. AEA RoCU~1ENT ,12P1 ~ GF':rKAL CO~''711IONS (')I 7111 CO:~Th.4CT rf1K CC7\STP.UCTIOV + T11'EIrTFI E[71T1(1N • ,IPRII 1970 EU. AIA~ • (} 19;D ~ TItE !1'.tiRlCA'v' INSTlTUTI OI ARCHt71:C15, 1731 r~C14' }'c1ItK A1'ENUE, N.LV., 1'JASttINGTOJ, U.C. 20006 ~ ~....r•'~,. ~ ~ CT'H15 pAGC i5 i;LAI'~!K? AfA DOCil.+1£NF AZ~t • G£N[RAL COtif)I11C1~5 OF TFi{ CONTRACT FOR COtiS1kUCTlOti • T\VCLFIH E171TtON • APRfL Z4"0 ECJ, AIAm' O 3'J'0 ifiE AMERICAN Iti'S711V1E OE ARCIIITLC?f,, 1735 NE1'Y 1"GRk AVENUE, N.1\'., 1VASHINGTON, D.C. «~OOG Acceptance of Defrclivc or Nan•(:ankxminf; Work.,, ....13.3 Accoss to 41'nrk ................................ .2.2.3 Accident Prevention ............... . ...... . ..2.2.4, 70 AdcJcn[lum, [)c(initu>n of .............................7.7.7 Additional Costs, Claims for ,,,,,,,,,,,,,,,,,,,,,,,,,12,2,1 Additional 4York .................................... .72 Admini~tratinn of the Contract ... . . ............. . . . ....2.2 Agreement, Fxlcnl Uf .................. . . ........ . . .1.1, 7.2 Alloss~ances, Cash ............ . ............... .....4.8.'1 Apl)lications for Payment ........2,2,5, 9.2.T, 4.3.7, 9,3,3, 9.4.1, 9.4.2, 9.5.7, 9,G.1, 4.7.2 Arbitration, Osvner•Contraclar Claims and Disputes ........ . ..............2.2,G through 2.2.72, 7,T0 ARCf11TECT ........................... . ............. .2 Architect, Detinitiun of .................... . ........ .2.7 Architect'; Across to the 11'nrl; ,2,2,3 Architect's Authority ...2.2,2, 2.2.T2, 2.2.74, 2.2.17, 4.77, 72,1,2 Architect's Authority to Reject N'cark ........... .....2.2.72 ArchilccCs D[~cisions .............. . ... .2.2.6 thraugli 2.2.12 Architect's Inicrl,relatir>ns ....7.2.5, 2.2.G Ehrough 2.2,T1, 12,1,G Architect's Full•Tirnr Project Representatis~c .. , .........2,2.16 ArcllitcU's Status ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2.2 Architect's Visits to Site ...........2.2.3, 2.2.4, 2,2.75, 7.8, 9.7 fronds, Contract il'erformanec, Labor and l.latcrial I'aymcnt) ..................................7.5 Builder's Risk ir)~urance (See Property Insurance) ..... , , ,71.3 Cash Allowances ....................................4.8,7 Ccrlilicates for Pay'tlic~nt ..........2.2.5, 2.Z,~15, 5.4.7., 9.4, 9.5.1, 9.6.7, 9.7.2 CtiAhGCS 1N TFIP WORT: ............................ . .12 Chan fes, Ahir.or ............... . ................2.2.T4, 12.3 Change Orders ..... . ..... .. . .......... .2,2,7A, 4.8.i, 72.1 Change C)rcic•rs, t7e(il~ilian of .......................12.7.2 Clalms and Uispt.le~ BelsYCen the Contractor and llx~ O•,vner ........ . .....2.2.6 through 2.2.T2, 7.7p Claims fur rlricJitionaJ Cost nr Time .... , ...8.3„?, 8.3.3, T2.~€.G, 12.1.7, 12.2 Claims for Damages ......................... . ......7.4, 8.3 Claims of the Subcr+nlractor ...... . ... . ..............5.3.7.4 Cleaning up ................................. .4.1G, G.4 Codes ..... , , .. ...... ....................4.7.2, 70.2.2 Commencerncnt of the Wark .......... .. .... . .7.5.7, 8.1.2 Cammunicatinns ......... ............2.2.2, 3.2.4, 4,9.1, 4.77 COAiI'LCTION, PAYJI4J:NT5 AND ............. . ......... .9 Completion, Subslanlial .. . ..... . ...... 2.2.75, 8.1.3, 8.2.3, 9.7 Conlract, [)ef4nition of .................... . .... . .....7.1.2 Contract Bonds .......................................7.5 CONTRACT DOCUhtENTS .... .. .................1 Contract Documents, Copies Furnished and Osvrzcrship of ...... ..............................1.3 Contract C'uculnents, L7cfinition at ..... . .. . . . .. . . .. . . .7,7,1 Contract Dorunu~nts, ['xecution, Correlation, Intent and Interpretations ....................... ..1,2 Cnntrart hladific:ations ................ . ..1.1.1, 7.2.5, 72 Conlract Sung, ChanFc~s of .................... . ...12.T 12.2 , Cnlstraet `,;um, Definition nF .............. . ........ . ...9.1.T Contract "Fcrminatir}n by Cnntnctnr ....................14,7 Contract Tc•rminatior, by Oss ner . .. . .. . . ...............14.2 Conlract Time .......................................8.7.1 w INDEX Cor•,'~acls, Separate ....................................6.T CONTRACTOR ........ . .. . ......... . .... . .............4 Contractor, Definition of ... .. .................. .4.1 fnntracux, Slnpl)ing the Work by The . ...... , ....9.6.7 Contractor, Tarminatinn of the Conlract by the ..........14.1 Contractor's Liability Insurance ... ....................11.1 Contractor's Kelatinns with Subcontractors ..........1.2.4, 5.3 Contractor's Kcspansibility for Protection and Safety .......... ........................10.1, 10.2 Contractor's Responsibility for Those I'crforminf; the Wnrk ,4.70 Contractor's Rcvicw of Contract pocumen[s ........1.2.2, 4.2 Canlraclor's 5uperinlendcnt ....................4,9,1, 10.2,5 Contractor's Supr~rvisinn and Construclinn Procedures ,,,,,,,,,,,,,,,,,,,q,3 Cnnlraciors, Mutual Responsibility of .. ......... . . . ..6.2 Copies furnished of Drawings and Specifications ........1.3.1 Correction of Work ..... .... .....................13.2 Cuttissg and Patching of 4+lrnrk .....'.. ................4.75 Cutting and Patching Under Sepa:ate Contracts ..........6.3 parttages, Claims for ............. . .................7.4, 8.3 Damages !or pclay ..................................8.3.4 pay, Definition of .......... . . .......................13:1.4 pcbris Kemnval ........ ..................4.1G, 6.4 F)erluc[ions inr Uncarrectecf 44'ork ............ . ......13.3.1 pefectivc or Non-Conforn7ing Ih'ork, Acceptance of .... ..............................73.3 Delays and Extensions nF 'Firne ..........................8.3 pacun)ents, E:xccution of the Conlract . . . . . . ...........1.2,1 prawings and Spccifiratinns at the 5itc ..... . ...... . . . ..4.72 prawings and 5pecilicalions, Ownership of .............1.3.2 [)rawinfs, Arrangement of .... ............... . .... .1.2.4 prawings as Written lntcrprctalians ....................1,2.5 Eascr)lenis ..........................................3.2.2 Emergencies ..........................,..............10,3 Execution, Correlation, Intent and Jnlcrpretations of the Con€rrc.! pacuments ................... ...7.2 Extensions of Timc .................................8.3, 1'1..7 Extras ................................................72 Fall[1rC of Payment ................ . ...................4.G Field Orders ......... . .....................T.2:5, 12.3, 72.4 final Payment .............. .... ..................99 Fire, Extended Coverage, Vandalism and Malicious Mischief Insurance , ,, , , , , , , , , , , , , , , , , , , ,11,3,"1 Governing Lasv ......................................7.1 Guarantee Bonds ............................... .. .7.5 Guarantee ......................... . ..........9.3.3, 13.2.2 Indemnification ............ ............. . ...4.18 ....... Infnrrnalion and Services Keyuired of the Owner . , ...... , ,3.2 Inspections .. ..............................2.2.15, 7.8, 9.7 Instructions to the Contractor ....................2.2.2, 3,2,4 INSURANCC ... .............................11 Insurance, Builders Risk (see f'rapcrty Insurance) ........... ........................11.3.1 Insurance, Contractor's Liability .... . ......... . .........71.1 Insurance, Fire, Extender! CnveraJ;e, Vandalism, and Malicious Mischief .............. . .11.3.7 Insurance, Loss of Use ................................11.4 AIA L~GCU+,11 hT A20i • CaNLtiAL Cc~NhltlO,NS C)r lllr CU'JTF;ACT F[)t: C[)NS1kUCTIUN • 7WCLFtIt Ll7iTIQN • APRIL F97t1 E't?. AIA~ CS 19:0 lliC A.~1f RICAN INS117U1L UT AKCF€riCC1S, 7731 NC1N 1'uHK AVCNUC, N.W., 1YASt{tNGTUN, U.C:. 2(KSaG ~ .r.•.,.~ ' ~ r t Insurance, Owner's Liability .. . ....................... .17.2 lnsurance, Properly .... .... ...... .. ...............11,3 Insurance, Special }lazards .. ....... . ................11.3.5 insurance, Steam E3oifer and A4achinery ................71.3.2 Interest ........ .................. ...............,.7.9.7 Interpretations and Decisions of the Architect ........... . . . ... ....2.2,6 through 2.2,72 in[erpretations, Written ..... . .. . . ... . ..1.7.1, 1.2,5, 12.3, 12.4 La6ar and Materials ................ . ........... . .4,4, 4.5 Labor anti Material Paymer7t Bund ... ...... . ...... .....7.5 Laws _......,.........,... ......... ......4.6, 4.7, 7.1, 10.2 Liens .. ...................... • • ............9.7.3,9.7.5 In5Ur3nCe ............... Lass Of USC ................11.4.1 Materials, Labor and ... .... . ... . ...... . ..... . . ...4.4, 4.5 Minor Changes In the 1'L'ork ..................1.1.7, 12,3, 12.4 MISCEt.LANEOLJS PRGVEStONS ..........................7 Modifications to tlic Contract ......................1.7.1, 72 Mutual Responsibility of Cantractr*s ....... . ............6.2 Non•Conforming Work, Acceptance of pefective or ....................................13.3.1 Notice of Testing and Inspections ..... . ........ . . .......7,8 Notice to Proceed ...................................t1.1.2 Notice, tnlriiten ...................... ............... J.3 Notices, Permits, fees and ................... . .........4.7 dV6'Nl:f: ,..... ................................ ..3 Owner, Definit'son of .. ......... ...... .........3.1 Owner, Termination of the Contract by the ..............14.2 Owner's lnfonratian and 5en~ices ... ....................3.2 Ovrner's Liability Insurance . , .. ...................71,2 Dwncr's E;i;ht in Carry Out the Work ... . . .......... ...3.4 O7ti'ner's hiltiik to Clean Up . ...... ..... . .........4.16.2, 6.4 C}`'rner's Right to A~x'ard Separate Coltracts ..............6.1 Otivnrr's Ki~,nt io Stop the IVork ......... . . .... .... . .3.3 Owncrs;iig cf CJraw~ings and 5pec.ificaticns . .............1.3.2 Patctlirr~ of lrtirork .. ............. . ....... . ........ k,15 Paiclr'sn~ aE 1N~rk Under Separate Contracts , . , , ....... .6.3 Patents, Royalties and .... . ...........................7.7.1 PAY1+11:NTS ANt7 CC:MPLt:'TION ...... ...... ., , ...9 Payment, Applications far . , .....2,2.5, 9.2.1, 9.3.1, 9.3.3, 9.4.1, 4.4.2, 9.5.1, 9.6.1, 9.7.2 Payment, Certificates for .....2.2.5, 2.2.15, 5.4.2, 9.4, 9.5.1, 9.6.1, 9.7.2 Paymer7t, Failure of .................... . ... . ... . .....9.6 Payment, Final .............. . . . ............ . ....2.2.10, 9.7 Payrrsents, Progress .. . ..............................9.3, 9.4 Payments to Subcontractors ... . .. . . . .......... . .........5.4 Payments Withheld ....................................9.5 Performance Bond .. ... .............................75 Permits, Fees and Notices .. ......... . . ............ .4.7 PER501tS Al~ii3 PROPERTY, PROTECTION OF ....... . ......70 Progress and Cnmpletion ...................... . ... ...8.2 Progress Payments .. . . ................. . .. . ..... . ..9.3, 9.4 Pf0('jrC55 Schedule ....................................4.11 Project, Definition of ............ .................1.7.4 Projec~ Loss or Damage Insurance ............. . ........11.3 Project Representatives, FulhTirne . . ... . . . .............2.2.16 Properh• insurance ........... ....... ...............11.3 PROTECTION OF PERSONS ANL7 I'ROPt:RTY . . ........ . ...10 Regulations ...... . ..... . ....................4.7.2, 7D.2.2 Rejection of t"fork .. ........................2.2.12, 13.2 Releases of Waivers and k.iens ..... ...... ......9.7.3, 9.7.5 RespansibiEity for Those Performing the Work , .....4.10, 9.7.7 Reiainage .................. .... .... . ...5.4.2, 9.7.3, 9, T. f Revie»• of Contract Documents by the Contractor .....1.2.2, 4.2 Royalties and Patents ..................................7.7 Ri;I7ts aid Remcd cs .. . ...............................7.6 Safety of Persons and Property ................... .....10.2 5afet}' precautions and Programs ............... . ..2.2.4, 1D.1 Samples, 5ho~ Drawings and ........ ...... . ... .2.2.73, 4,13 Schedule of Values ...................................9.2 Schedule, Progress .. .......................,......,.4.11 5£PARATE CONTRAC75 ................ ... , ..........6 Separate Con:racts, Owner's Right to Award .............6,1 Shop Drawings and Samples ................... .2.2.13, 4.13 Site, lase of .....................................4,74.1 Special Hazardslnsurance ... .......................11.3.5 Specificaticns, Organization of ..... . .......... . .......7.2.4 Steam Boiler and hiachinely insurance ..... . ...........11.3.2 Stopping the 11'ork ....................................3.3 SUBCONTRACTOitS ......... . ..........................5 5ubcont~ actor, Ctain7s of .. ....... . ....... . ..... . ..5.3.1.4 Subcontractor, Definition of .. . .. . ... . ........ . .. ....5,7.1 Subcontracts, Award of ......... . ............ ..1.7.4, 5.2 Subcantrac;ual Relations ... ................... ....5.3 5ubstantia! Completion and Final Payment ..........2.2.15, 9.7 Substantial Completion, [?ate of ...........2,2.75, tt,1.3, £s.2.3 Sub subcontractor, Definition of ......... . .............5.1.2 Subsurface Conditions ... ........................ .12.1.6 ... Successors and Assigns ......... ... ................7.2 Sul3erti•isian and Construction Procedrsres . . . . ... . .......4.3.1 5uperinlendenl, Cantraclor's ....... . ...... . .....4.9.1, 7fs.2.S Sun'eys ~ ...........................................3.2.7 Taxes .... .. ..................................4.E Termination by the Contractor .... . ..... ... . ..... . ....1~t.1 fierminatian by the C3wner ....... ..... . ......... . .. . .14.2 TfRfvtlNATION OF T1~E CONTRACT ......................14 Tests ..........................................2.2.12, 7.8 TIME .. ., ................................... .8 Time, Definition o4 ... , ... .... , .... ......... ...8.1 Time, Detays and Extensions of ..... . . .........8.3, 12.1, 12.2 Title of Work ......................................9.3.3 UNCOVER1t~G AND CORRECTION OF WORK ............13 Unco~•ering of !'Vork ............................... .13.1 Unit Prices ..................................12.7.3, 12.1.5 Use of Site ............ .............................4.14 Values, Schedule of ....................................9.2 Waiver of Claims by the Contractor .................. . .9.7.6 1'Jaiver of Claims by the Owner ...... . ........... . ... .9.7.5 lVarrzniy ......... . . .............. . .............4,5, 9.3.3 1Yords, Recognized Meanings of ......................1.2.3 Work, Definstion of ..... . . ..... . ................ . ....7.1.3 Written t`otiC@ ........................................7.3 A!A npCUr.sEr;T A2n1 • GE4ER.4L CO`;CITIp':5 OF THE COh'TFACT FOR CO.tiSTRUCTIC7N • T1vELF7H EDITION • APRIL. 14:6 Ed. 4 AIA", • C<7 1910 • 7HE A~,AERICAt.I IhSTITUiE OF ARCHITECTS, ~i35 NEVV YORK AVENUE. iV.Vi'., SNASHINGFUN, D.C. 2CXKK~ • • • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Aft71Cl_1` 1 CC7NTFtACT DOCUMENTS 1,1 DEF1NlTIOtrS ~.~.'( Tril: CONTRACT gOCts1+1ENTS The Contract Documents consist of the Agreement, the Conditions of the Contract (General, Supplementary and other Conditions}, the Drawings, the Specifications, all Addenda issued prior to execution of the Contract, and all t+lndifications thereto, A Modification is (1} a written amendment to the Contract signed by both parties, (2) a Change Order, (3} a written interpretation issues! by the Architect p=.rrsuant to Subparagraph i.2,5, or (4} a written order for a minor change in the V4`ork issued by the Architect pursuant to Paragrap!r 12,3. A ,h~,adification may be made only after execution of the Contract. 1.1.2 rHE coNTlc;.cT The Contract Documents form the Contract, The Contract represents the entire and Integrated as;reem~nt Between the parties hereto and supersedes all prior negotiations, representations, or a~rGerrlenls, either written or oral, including the bid:ling documents. The Contract may be amerrdecl or modified only by a Modification as defined in Subparaf;r„plr 1.1.1. 1.1.3 TiiE 4'JOF;K Tire term Work incltrd~s all labor nccessar~' to produce the construction ree~uired by the Contract Documents, and all materials and equipment incorporated or to be incarpasatcu in such construction. 1,1,n TIiF. t'RO;t'CT The Project is the tot,11 construction designed by the Architect of t•,~hicl~ tl-~e 1R'o~k performed under the Cos'r- tract t7oculnents may be the whole or a part. 1,7 t:~:cCtITION, CU:{k%t.:c'i rC1`J,'tlJTE\'f ,wtvD ttdi'EFPt2EtATtQIJS 1.2.1 The Contract Documents shall be signed in not less than triplicate by the Owner and Contractor, If either the Owner or the Contractor or both do not sign the Condi- tions of the Contract, Drawings, Specifications, nr any of the other Contract Documents, the Architect shat! identify them. 7.2.2 sy executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be per- formed, and correlated his observations with the rec{uire- ments of the Contract Documents, 7.2.3 7lte Contract Documents are complementary, and what is required lay any one shall bc~ as binding as if required by all. The itltentian of the 1ocuments is to include alI tabor, materials, equipment and other items as provided in Subparagraph 4,4,1 necessary for the proper execution and completion of the Work. It is not intended that Work not covered under any heading, section, branch, class or trade of the Specifications shalt be supplied unless it is required elsewhere in the Contract Documents ar is reasonably inferable thereiram as being necessary to produce the intended results. Words which have well-known technical ar trade meanings are used herein in accordance with such recognized meanings, 1.2.4 The organization of the 5pecificatinns info divi- sions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Wark to be performed by any trade. 1.2.5 Written interpretations necessary for the proper execution or progress of the Work, in the farm of draw- ings or otherwise, Fill be issued with reasonable prompt- ness by the Architect and in accordance with any schedule agreed upon. Either party to the Contract may make written request to the ?crchitect for such inter- pretations. Such interpretations shall be consistent with and reasonably inferable from the Contract Documents, and may be effected by Fic:ld Order, 1,3 corrES rultNrsrt~p AND o~aJNERStttP 1.3.1 Unless otherwise provided in the Contract Docu- ments, fire Contractor +vill be furnished, free of charge, all copies of Drawings and Specifications reasonably nec- essary for the execution of the Wark. 7.3.7. All Drawings, Specifications and copies tE}eronf furnished by the Archi±ect are and shaif remain his prop- erty. The}' are not to be used on any otller project, and, with the erceptian of one contract set far each party to the Contract, are to be returned to the Architect ort re- ctuest at the completion of the Wark. A~1I~P.3: ;~ AFtCHITLCT 2,1 DE1-tNirtoN 2,1.1 The Architect is the person or arganizatian licensed to practice architecture and identified as such in the Agreement and is referred to throtrghout the Contract Documents as if singular in number and masculine in gender. The term Architect means the Architect or his authorized representative. 2.1.2 Nothing conta'sned in the Contract Documents sha11 create any contractual relationship behveen the Architect and the Contractor. 2,2 ADNttN15TRATiON Of 7HC CONTRACT 2.2,1 The Architect will provide general Administration of the Construction Contract, including performance of the functions hereinafter described. AlA ppCUh4EhT A?O1 r;E'.'FR,A€ CntiUITlCIr~'S QF 11if fOti'TRACT r(3fi GO'JSTI:UCTIO~. • ll1'EGr1'H rnlTlOh • APRIL 1970 En. AIA~ U 197L7 THt; AMCR:CAN Ir;STITUI'E OF At;CHITECiS, 173 rr'E1N YORK A1'Er.'L~E, h. W., \'1'ASriINGTON, tJ.C. 2~J~6 ~" Z.2.2 The Architect will be the Owner's representative during construction and until final payment. The Architect will have autharity co act on behalf o! the Owner to the extent provided in the Contract Documents, unless other- wise modified by written instrument whicll will be shown to the Contractor. The Architect will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued throt,gh the Architect. Z.2,3 The Architect shalt at all times have access to the Work wherever it is in preparation znd progress. The Contractor shall prov'sde facilities for such access so the Architect may perform his functions under the Contract Documents. 2+2.q. The Architect will make periodic visits to the site to familiarize Himself generally lvith i#1e progress and quality of the VVark and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-sire observations as an architect, he will keep the Owner informed of the progress of the Work, and will es7deav~or to guard the O`~+~ner against defects and deficiencies in ti,e 4'Ilork of the Contractor, The Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not be responsible for construction means, metfrads, techniques, sequences or procedures, or for safety precautions and pra};rams in connection with the 1~1~ork, and he wilt not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 2.2.5 Based an sucfl observations and the Contractor's Applications for f a}'moot, the Architect will determine the an;::r,nts owing to the Contractor and wilt issue Certificates for Payment in such amounts, as provided in Paragraph 9.~t. 2.7..6 The Architect will be, in the first instance, the interpreter of the requirements of the Contract Dacu- ments and tk~e judge of tlse performance thereunder by botl, the Owner and Contractor, The Architect wilt, within a reasonable time, rena'er such interpretations as he may deem rrecessary far the proper execution or prog- ress of the !•1'orl,. 2.2,7 Claims, disputes and other matters in question between the Contractor and the OLVner relating to the execution or progress of the :York or the interpretation of the Contract Documents shall be referred initia€ly to the Architect for decision which he wit! render in Lvriting within a reasonable Eime. 2.2.a Alf interpretations and decisions of ,the Architect shall be consistent with the intent of the Contract Dacu- mems. In his capacity as interpreter and judge, He will exercise his best efforts to insure faithful performance by both the Owner and the Contractor and will not show partiality to either. 2.2.9 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2:7t? Arty claim, dispute or other matter that has been referred to the Architect, except those relating to artistic effect as provided in Subparagraph 2.2.9 and except any 4' which have been waived by the malting or acceptance of final payment as provided in Subparaf;raphs 9.7.5 and 9.7.G, shall be subject to arbitration upon the written demand of either party. !-towever, no demand far arbitra- tion of any such claim, dispute or other matter may be made until the earlier of: 2.2.14.7 The date on which the Architect has rendered his -vritten.decision, or .2 the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered his written decision by that date. 2.2.11 If a decision of the Architect is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after the date or. which the party making the demand received the decision, The failure to demand arbitration wsthin said thirty days' period will result in the Architect's deci- sio~~ becoming final and bind'sr,g upon the Owner and the Contractor. If the Architect renders a decision after arbi- tration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acr_eptable to the parties concerned.' 2.2,12 The Architect wi[1 have authority to reject Work whiciT does not cot-form ~ to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementa- tion of the intent of the Contract Dacuments, He will have authority to require special inspection or tasting of the Work in accordance LvitiT Subparagraph 7.8.2 whether or not such 1'Vork be then fabricated, installed or cam- p[eted. HaLVever, neither the Architect's authority to act under this Subparagraph 2.2.'!2, nor any decision made by him in good faith either to exercise or not to exercise such authority, sl3ail give rise to any duty or responslai!ity of the Architect to the Contractor, any Subcontractor, any of their agents or em;~foyees, or any other person performing any of the V4'o;k. 2.2.13 The Architect will revieLl1 Shop Drawings and Samples as provi~tfd in Subi:aragraphs- 4.13.1 through 4.13.8 inclusive. 2,2.14 The Architect will prepare Change Orders in ac- cordance Lvith Article 12, and wick have autharity to order minor changes in the lh'ork as provided in Subparagraph i 2.3.1. 2.2.15 The Architect will conduct inspections to deter- m'sne the dates of Substantial Completion and final com- pletion, will receive and review written guarantees and related documents required by the Contract and assembled by the Contractor and wi[I issue a final Certificate fbr Payment. 2.2.16 kf the Owner and Architect agree, the Architect will provide one or more Full-Tirrke Project Representatives to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Projec[ Representative shall be as set forth in an exhibit to be incorporated in file Contract Documents. A1A DOCUAfEM7 A201 + GENERAL CUNi71TIOrJS OF THE CC7`i7R.ACT rUP. CONSTRUCTIQN • 7L1'LLFTH EC)IiiON APRIL 19; E} EC?. t? A[A~ O 197V THE AMERICAN INSTiTt1Tt OF ARCHITECTS, 1735 r:Cw YC7RG AVEtiUE, N.1A'., 1YASHiNGipN, D.C. 200G5 2.2.77 The duties, responsibilities and limitations of authority of the Architect as the O+vner's representati~~e during construction as set forth in Articles 1 thrauf;h 'I4 inclusive of these General Conditions will not be modi- fied or extended +vithout +~'ritten consent of the Owner, the Contractor and the Arcllitect, 2,2,18 The Architect will not be responsible for the acts or omissions of the Contractor, any Subcontractors, or an}' of their agents ar employees, or any other persons performing any of the Ih'ork. 2.2.79 [n case of the termination of the employment of the Architect, the Owner shall appoint an architect against whom the Contractor makes no reasonable objec- tion Whose status ualder the Contract Documents shall be that of the former architect. Any dispute in cnnnec- tian with such appointment shall be subject to arbitration. ARTICLE 3 ow~JE~ 3.1 f3EftNI'iION 3,1.1 ThG Owner is the person or organization identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in nurT-Iber and masculine in gender. The term Owner means the Owner or his authorized representative. 3,2 [f:t'Ot2MATtC1N ANU 5ER1'ICLS REQUIRED Uf Tlif CJI.1'hI:R 3,2.1 Tile Owner shall furnish all surveys describing the physical cllaractcristics, legal limits and utility locations for the site of the Project. 3.2.2 The Ov,~ner shall secure and pay for easements for permanent strlrctures or permal}ent changes in existing facilities. 3.2,3 lnforn,ation ar services under the D+vner's contra[ shall be furnished i]y the 0+1mcr witfT reasonable prompt- ness to avo'sd clclay irs Ilse orderly progress of the 1'Vnrk. 3,2.4 The Uu'ncr shell issue all'insiructions to the Con- tractar through the Architect. 3.2.5 Tkre foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especial)}' those in respect to Payment and Insurance in Articles 9 and 1't respectively. 3,3 CtWNER'S RIGHT TO STOP THE LNORK ' 3.3.1 If the Contractor fails to correct defective Work or persistently fails to supply materials or equipment in accordance with the Contract Documents, the Owner may order the Contractor to stop the VI'ark, or any por- tion thereof, until the cause for such order has been eliminated, g,~;. QWNER'S RIGHT TO CARRY OUT THE WORK 3.r#.1 !f the Contractor defau#ts or neglects to carry out the Wark in accordance +'~~ith the Contract Documents ar fails to perfc3rm any provision of the Contract, the Owner may, after seven clays' ~rritten notice to the Con- tractor and without prejudice to any other remedy he ~ ~ may have, make good such deficiencies. 1n such case era appropriate Change Order shall be issued deducting Pram the payments then or thereafter due the Contractor the cost of correcting 5lrCh deilClCflCleS, including the cast of the Architect's adrJitional services made necessary by such default, neglect ar failure. The Architect must ap- prove both such action and the amount charged to the Contractor. !f the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. ARTICLE Q~ coNTRACTO€~ 4.1 DfFiNITlON 4.1.1 The Contractor is the person or organization identi- fied as such in thE~ Agreement and is referred to through- out the Contract Documents as if singular in number and masculine in gender'. The term Contractor means the Contractor or his authorized representative. 4.,2 REV1I:!'V OF CO~'TRACT DOCUMCNi'S 4.2,1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect any error, inconsistency or omission he may discover. 'rhe Contractor small not be liable to the Owner or the Architect for any damage resulting from an}~ such errors, inconsistencies or omissions in tyre Contract Docu- ments. The Contractor shall do no Work without Draw- ings, Specifications ar Modifications. 4,3 SUI'ERYISIQN AND CONSTRUCTION PROCEDURt:S 4,3,1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely re- sponsible for all construction means, methods, tech- niqucs, sequences and procedures and for coordinating all portions of the 41'ork under the Contract. ~,t} EADUR ANt7 MA'tCR1At.S 4.4.1 Unless othcr+vise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, ranstruction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and colnplEtian of the Work. 4.4.2 The Contactor shall at all times enforce strict dis- cipline and good order among Isis employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. .¢,5 4YARRA'~TY 4.5.1 The Contractor warrants to the Owner and the Architect that all materials and equipment furnished un- der this Contract will be new unless otherwise specified, and that all V1'ork will be of goad quality, free tram faults and defects and in conformance with the Contract Docu- ments. All Wark not so conforming to these standards may he considered defective. If required by the Archi- tect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 4,g TAXES 4.G.1 The Contractor shall pay all safes, consumer, use and other similar taxes required by law. ArA IJOCUhiEkr' A'1p1 • GCt~ERAL COKDITIp\S OF THE COyTrZACT FpR CON 57Rl'C110N . 7wElrTH C[];TIU:~ • APRIL 797 Er]. Alh~ ©19;'0 TiiE AhSERICAt~ hti;TrTUTE OF ARCFIITEC7S, '1735 NL'1V YURK AVENUE, N.1'.'., Vti'ASHINGTDV, D.C. 20006 ~ t~,7' PERAkt1'S, FEES AM1tt) PfOTICES X4.7.1 The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Work, which are appli- eabie ~ t the time the bids are received. It is not the re- spansibility of the Contactor to make certain that the Drawings and Specifications are in accordance with ap- plicable laves, statutes, building codes and regulations. 4.7.2 The Contractor shall give all notices and comply with all fa~vs, ordinances, rotes, regulations and orders of any public authority bearing on the performance of the N'ork. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect in writing, and any necessary chan;;es chalk be adjusted by appropri- ate Modification. If the Contractor performs any Wark knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Archi- tect, he shall assume full responsibility therefor and shall bear all casts attributable thereto. 4,g CASH AttON'ANCES 4.a.1 The Contractor shall include in the Contract Sum all albwancc.:~ staled in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered alul unloaded at the site, and all apl~licabfe taxes. Tyre Contractor's handling casts an the site, tabor, installation Costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allow- ance. The Contractor shall cause the Work covered by these ailovrances to be performed for such amounts and by sucll persons as the Architect may direct, but he will not be required to employ persons against wham he makes a reasonable objection. if the cost, when deter- mined, is more than or less than the allowance, the Con- tract Sum shall be adjusted accordingly by Change Orcier which will include additional handling casts an the site, labor, installation costs, overhead, profit and other ex- penses resulting to the Contractor from any increase aver the original allowance. t{.,<J SU:'rwt:iNTEtv'DE€~T._ 4.9, f The Contractor shall employ a caml~etent srspzr-~ intendent and necessary assistants wno shall be in at- tendance at the Project site during the progress of the Work. The superintendent shall he satisfactory to the Architect, and shall not be changed except with the con- sent of the Architect, unless tl~e superintendent proves to be unsatisfackory to the Contractor ant ceases to be in his employ, The superintendent shall represent the Contractor ant! all communications given to the superin- tendent shalt be as binding as if given to the Contractor. Important communications veil! be confirmed in 4vriting. Other communications will be sa confirmed on written request in each case. e},1Q Rr:SPOt`'St131l1TY FOR THOSE PERFORMING Tr-rr: waRrc 4.10.1 The Contractor shall be responsible to the Owner far the acts and omissions of all his employees and all Subcontractors, their a};ents and employees, and all other persons performing any of the Work under a contract with the Contractor. i t~,11 PROGRESS 5CFtEDULE 4.11.1 The Contractor, immediately after being awarded the Contract, shah prepare and submit for the Architect's approval an estimated progress schedule.tor the Work. The progress schedule shall be related to the entire Proj- ect to the extent required by the Contract Documents. This schedule shall indicate the dates for the starting and completion of the various stages of construction and shall be revised as required by the conditions of the Work, subject to the Architect's approval. Q.,12 RRAWINGS AND SPECIFICATIONS AT THE SrTE 4.12.1 The Contractor shall maintain at the site for the Owner one copy of all Drawings, Speci#ications, Ada'enda, approved Shop Drawings, Change Orders and other Mod- ifications, in good order and marked to record all than ;es made during constn,ctian. These shall be available to the Architect. The Drawings, marked to retard all changes ,Wade during construction, shad be delivered to him for the Owner upon completion of the Work. t~,13 5lkQE' DRAWINGS AND S/~.RkFLES 4.13.1 Shap Drawings are dra4vings, diagrams, illustra- tions, schedules, performance charts, brochures and other data which are prepared by the Contractor ar any Sub- contractor, manufacturer, supplier or distributor, and which illustrate some portion of the V4'ork. 4.13.2 Samples are physical examples furnished by the Contractor to illustrate materials, equipment or work manship, and to establish standards by which the 1Nork 4i~i[1 be }udp,ed. 4.13.3 The C.ontractar shall review, stamp with his ap- proval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the ~Z'ork ar in t.l~e work of any ati7er contactor, all Shap Dra4v- ings .Ind Samples required L-y the Contract Documents or subsequently by the Architect as covered by h~4odifica- tions. Shop Drawings and Samples shalt be properly identified as specified, ar as the Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Draw- ings or Samples from the reciuiremc~nts of the Contract documents. 4.13.4 By approving and submitting 5hap Drawirgs and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field con- structiOn criteria, materials, catalog numbers and similar data, or will da so, and that I,e has checked and coordi- nated each 5hap Drawing and Sample with the require- ments of the Vlrork and of the Contract Documents. 4.13.5 The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the de- sign concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item steal! not indicate approval of an assembl}~ in which the item functrons. 4.13.b The Contractor shall make any corrections re- quired by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct spe- AlA naCU.YrNT A2r,1 • Gr'.'ERnI C01'DETIUNS Or TfIE COhTRA~ rOR CONSTP.UCTIU'V • 741+EIr7r-S ErSiTION • AE'f:iL i4'0 rO. A1f~®+ CtJ 197fl ~ TFIC AMERICAN INSTITL,TC aF ARCH3TECT5, '1735 NEF'V YORK AVENtJ[, N.w., WASr,rNGTOM1", b.C:. Zi~;)iXi C cific attcntic,n in writing or on togs to revisions other than the tlTe Archrtect an previous subn~i~ ~ ~ ::fitted Shop Draw- regardless of whether or not it is caused in part by a lions requested by party indemnified hereunder, 4.13.7 The Architect's approval ':op Drawings or Samples shall not relieve the Col ,~ of responsibility far any devi«tion from the rectlli ~~~ts of the Contract Documents unless the Contractor informed the Archi- tect in +vrilirTg of such deviation she time of submis- sion and tfTe Arcltiitect has given ~ rifles approval to the specific deviation, nor shall the ~,~~.hitcct's approval re- lieve the Contractor from resix~!tsibility for errors or omissions in the Shop Dra+ving: ar Samples, 4,13,8 3~o portion of the V1•'ork requiring a Shop Drawing or Sample submission shall be conTmenced until the submission 11as been approved by the Architect. All such portiarTS of the IlVark shall Sae in accordance with ap- proved Shap prawings and Sample.., 4,14 USE OF SITE 4.14,1 The Cantrac.tor shall confine operations at the site to areas perl7titted by law, ordinances, permits and the Contract 1~ocurnents and shall not unreasonably en- cumber the site wit#T an}~ materials or equipment. 4,15 C[JTTII~G ,4ND PATCiilh'G OF 4ilGf2h 4.15.1 'tile Contractor shall do all cutting, fitting or patching; of his Work that may be rec~uircd to stake its several l:,arts fit together properly, and shall not endanger any Work lay coifing, excavating or otherwise altering the Wart: or an}~ part of it. 4,1fz CtE/4NINC L1P 4.1f,.1 1 ire Calltractor at all times shall keep the prem- ises free from accumulation of waste materials or rui~bish caused by his operati~~ns. f+t the completion of the 1'Vork 17e shall remove all ITis v;aste materials and rubbish from and abut the Project as we#I as a!i ITis teals, construc- tion equipment, machiner}~ and surplzls materials, and shalt clean all glass stn faces and leave the Work "hroom- clean" or its c•gr,ivalent, except as otherwise specified. 4,1f~.2 ff the Contractor fails to cyan up, the Owner ma}~ cFO scs and tiTe cost tiTerc~af shall be clTarged to the Contractor as provided in Paragraph 3.4. ~.,~~ conar,aur.rc~.Tlolvs 4.17.1 The Contractor shall forward all cammunicatians to the Owner through the Architect. 4,1~ INC9EMNU'ICATION 4.18.1 -i'he Contractor shall indemnify and hold harmless the Owner and the Arc}~~itect and their agents and em- ployees from and against all claims, damages, losses and expf~z7ses including attorneys' fees arising out of or re- sufting from file performance of tlTe G}fork, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to ':rTjury to ar destruciian of tangible property (other than the Work itself) including the loss of use resulting there- (ror~~, ar~d (2) is caused in while or in part by any ncgli- gent act or omission of the Contractor, an}~ Subcontrac- tor, anyone directly or indirectly employed by any of them or anyone for whase acts any of them may be liable, 4.16,2 In any and all claims against the Owner or the Architect or any of their agents or employees by any enr- pfayee of the Contractor, any Subcontractor, anyone di- rectly or indirectly employed by arTy of them or anyone. far +vhose acts any of them may be liable, the indemnifi- cation obligation under this Paragraph 4.18 shall not be limited in any way by any limitation .on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under work- men's compensation acts, disability benefit acts ar other employee benefit acts, 4.18.3 The obligations of the Contractor under tilts Para- graph 4.18 shall not extend to the liability of the Archi- tect, 17is agents or employees arising out of {1) the prepa- ration ar apprrn~al of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (zi the giving of ar the failure to give directions or instruc- tions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of tr,e injury or damage, A~Tt~lr~ 5 SUfICCiN'['I2ACiQRS $,'~ D1:FItdlTiON ;.1.1 A Subcontractor is a person ar organization who has a direct cortract with the Contractor to perform ar~y of the Work at the site, The term Subcontractor is re- ferred to throughout the Contract Documents as if singu- lar in number and masculine in gender and means a Subcontractor or his authorized representative. 5.1,2 A $Elb-SUFJCOrItraCtnr is a person or orpanizatiorr who has a direct or indirect contract with a Subcontractor to perform any of t1Te ~~Vork at the site. The term Sub- subcontractor is referred to throughout the Contract Documents as if singular in number and mascu#i1Te in gender and means aSub-subcontractor or an authorised representative thereof. 5,1.3 l~iathing contained in the Contract Documents shall create any contractual relation between the O+vner or the Architect and any Subcontractor or Sub-subcon- tractor. 5,2 AWARD OF SlJRCONTRACTS AND OTFiEIY CONTRAC-i'S FOR PORTIONS OF THE WORK 5,2.1 tJn(ess otherwise specified in the Contract Docr_r- ments or in the instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shell furnish to the Architect in writing for acceptance by the Owner and the Architect a list of the rTames of the Subcontractors proposed for the principal portions of tl"re Work, The Architect shall promptly notify the Contrac- tor in writing if either the Owner or the Architect, after due investigation, has reasonable abjection to any 5ub» contractor on such list and does not accept him. Failure of the Owner or Architect to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. AIA UOCU!•~ir!T A'r.R1 CCNCRr,E COrJnITIOI.~S OF THE Cgt~I7RACT rOR CO\~5TRUCTIC7N • T+VELrTH EDITION + APRIL 1970 ED. AEA • (yl 177U THE AMERICAN INSTITUTE OF ARCriITECT5, 1735 t~'EIV YORK AVEIvIIE, N.w„ wASHINGTaN, D,C, 20J05 9 .~-''~ ~ ~ 5.2.2 The Contractor sha!I not contract with any Sub- eontractar or any person or e)rganizalion (including those who are to furnish materials or equipment fabricated to a specia} desihnl proposed far portions of the Work designated6 in tf)e Contract Documents or in the lnstruc.- tions to E}idders or, if none is sa designated, with any Subcontractor proi.)nsed for tf~c principal pardons of the 4lforf: who has been rejected by the Owner and tf)e Architect. The Contractor will not be required to con- tract with any Subcontractor or person or organization against whom he has a reasonable abjection. 5.?..3 If the Owner or Architect refuses to accept any Subcontractor ar person or organization on a list sub- mitted I)y tf7e Contractor in response to the rec;uirements of the Contract Uacuments or the Instructions to Bidders, the Contractor shaft submit an acceptable substitute and the Contract Sum shalt be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be alfawed for any such substitution unless the Contractar has acted promptly and resl:,ansivcfy in subnTitting for acccl)tar)ce any list or lists of names as required by the Contract bocuments or the Instnlctions to Uidders. 5.2.4 if the U~vner or the Architect requires a change of any proposed Subcontractor or person or organization previnusiy accepted i3}~ them, the Contract SUrT"+ shall he increase~:i or decreased by the difiercnce in cost occa- sioned b}~ such change and an appropriate Change Order shall lie issued, 5.2,5 The Contractor shaft not rr:ake any substitution for any Subcontractor or person ar organization 4vho has been accepted by the Owner and the Architect, unless the substiwtin:~ is acceptable to tE)c Owner and the Architect, $,3 St ±IiC~'?~11tACTLrAE KELhTEO'v$ 5.3.1 AEI u<~ark perforrr,ed for the Contractor by a Sub- cantractor sl)ali he pursuant to an appropriate agree- m~nt bet~a•ecr~ the Contractor ar~d the Subcontractor (and v,~llere apr~rerpriate bct~a•een Suhcanlractors and Sub- sut)coniractar=; which shalt contain provisions that: •1 pres~n~c and protect the rights of tf~~e Osti•r)er and the Architect under the Contract with respect to the lhrark to be performed under the subcontract so that the subcontractir;g thereof wit! not preju- dice such rights; .2 require that such Work be performed in accord- ance with the requirements of the Contract Documents; .3 require submission to the Contractor of applica- tions for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply far pay- ment in accordance witfT Article 9; .4 require that all claims far additional casts, exten- sions of time, damages for delays or otherwise wish respect to subcontracted portions of the Work shaft be submitted to tfte Contractor (v'ra an}~ Subcontractor or Sub-subcontractor where appropriate} in sufficient time so that the Con- t tractor may cempfy in the manner provided in the Contract bocuments for like claims l>y the Contractor upon the Owner; .S waive all rights the contracting parties may Crave against one another for damages caused by fire or other perils covered by the property insurance described in f ~ragrzph "i"f.3, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee under Paragraph 'E1.3; and .6 obligate each Subcontractor specifically to con- sent to the provisions of this Paragraph 5.3. $,4 PAYMENTS TO SUBCONTRACTORS 5.4.1 The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Cnn• tractor on account of such Subcontractor's Work, fens the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. 5.4.2 ff the Architect faits to issue a Certificate for }'ay- men# far any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Con- tractor shalt pay that Subcontractor on demand, made at any tir-ne after the Certificate for Payment should other- wise have been issued, far his Wark to the extent com- pleted, less the retained percentage. 5.4.3 The Contractor shalt pay each Subcontractor a just share of any insurance moneys received by the Contractor under Article 11, and he shall require each Sul>caniractor to make similar payments to his subcontractors. 5.4,4 The Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion testified to the Can- trar.tor on account of Work done by such Subcontractors. 5.4,5 Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by Eavr. " AfZTfC:LE 6 S'rPARA'f E CQNTRACTS 6.1 OWNER'S RIGHT TO AtNARD SEPARATE CQNTRACTS 6.1.1 The Owner reserves the right to award other con- tracts in connection with other portions of the Project under these ar similar Conditions of the Contract, 6.7.2 When separate contracts are awarded for different portions of the Project, "the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 6,2 MUTUAE tiEwSPOfv54814tTY OF CONTRACTDRS 6.2.1 TfTe Contractor shalE afford other contractors rea- sanabfe opportunity for the introduction and storage of their materials and equipment and the execution of their AIA DCJCU'+AENT AT91 GENCRAL EONnITI(?'VS OF THE CONTRACT FOR CONSTRr1CTlON TWELFTH EDITION APRIL 1470 EI). 70 AIA~ ©1970 THE AMERICAN INSTn'trTE OF ARCtinECTS, T735 NEW 5'ORK AVENl3E, N.W., WASHlIVGTON, D. C. 2>a7UG. ~ ~ v,•;~rk, and shall properly connect and coordinate his llbrk with theirs, 6.2.2 If any part of tl~c Caniracior's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Architect any apparent discrepan- cies or' defects in such ssrori: that render it unsuitable for such proper execution and results. Failure of the Con- tractor so to inspect and report shall constitute an accept- ance of the other contractor's work as tit and proper to receive his 1~lark, except as to defects which may develop in tl7e other separate contractor's work after the execution of the Contractor's Work. 6.2.3 5liould the Contractor cause damage to the work or property of any separate contractor on the Project, the Contractor shall, r,pon due notice, settle with such other contractor by agreement ar arbitration, 'rf he wilt so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to 17ave been so sustained, the Owner shall notify the Contractor ~vho shall defend suc13 proceedings at the Owner's expense, and if any judgment ar award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys' fees and court ar arbitration casts which the Oivner has incurred. ~,,3 CUl-iING Att'CJ PATCI-PING -JNdr:l: 5EI'At:ATt: CUt~1TRACTS 6.3.1 The Contractor shall be responsible for an}' cutting, fitting and patching th4t rrray be required to complete his I~iJOrk except as oiher~s'ise specifically provided in tl~e Contract Uocuments, The Contractor shall rtot endanger any work of any other contractors by cutting, excavating or otherwise alterir.fi any work and shall not cut ar alter the work of any oti~er contractor Except with the written consent of tl-re Architect, 6,3,2 An}~ costs caused by defective ar ill-timed work steal! he borne by the party responsible therefor. 6.4 ClWN3R'S RIGHT TO CLEAN tJP G,?.1 If a dispute arises betv,~een the separate contractors as to their rc~sl~onsibility for cleaning up as required by Paragraph 4.i6, the Owner rTray clean up and charge the cast thereof to the sc'.loral contractors as the Architect shall determine to be just, ARTICLE 7 MISCELLAREOUS ARQVI5IQNS 7.1 GOVt:~NrtiG LAw 7.1.1 The Contract shall be governed by the law of the place where the f inject is located. 7.2 Sl3CCESSORS ANp ASSIGNS 7.2.7 The Owner and the Contractor each binds him- self, his partners, successors, assigns and legal represen- tatives to the other party hereto and to the partners, suc- cessors, assigns and lef;al representatives of suite other party in respect to all covenants, agreements and obliga- tions contained in the Contract Uocuments. Neither party to the Contract shalt assign the Contract or sublet it as a whale without tl7c written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written con- sent of the Owner. - 7,3 WRITTEN NOTICE 7.3,1 Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered ar certified mail to the last business address known to him who gives the notice. 7,4 CLAIM5 FOR DAMAGES 7.4.1 Sf~ould either party to the Contract suffer injury or damage to person or property because of any act or omission of the other .party or of any of his employees, agents ar athc:rs far whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury ar damage. 7,5 PCRFURhtANCE BOND AND LABOR AND h1A7t:RiAL PAYMENT BOND 7.5.1 The Owner shall have the riF,ht to require the Contractor to furnish bonds covering the faithful per- formance of the Contract and the payment of all obliga- tions arisirzg thereunder if and as required in the Instruc- tions to Bidders or elsewhere in the Contract Uocumcl~ts. ],~ RIGIiT5 AND f;EhtED1E5 7.fi,1 The duties and obligations imposed by the Con- tract poc.umertts and tlzc rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obli~,ations, rights and remedies othervs~ise imposed or available by law. 7,7 ROYALTIES ANp PATENTS 7,7.1 The Contractor shall pay all royalties and license fees. Fie shall defend all suits ar claims for infringement a# any patent rights and shall save the D~~~ner harmless from loss on account thereof, except that tlee Oi~rner shall be responsible for all sue}i lass `vhcn a particula de- sign, process or the product of a particular nzanufacn,rer or manufacturers is specified, but if t17e Contractor has reason to believe that the design, process ar prod;.'ct specified is an infrin};ement of a patent, he shall be re- sponsible far such loss unless he promptly gives such in- formation to the Architect. 7,a TESTS 7.8.1 [f the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having juris- diction require any Wark to be inspected, tested ar ap- proved, the Contractor shall give the Architect timely no- tice of its readiness and of the date arranged so the Architect may observe such inspection, testing or ap- proval. The Contractor shall bear a!I costs of such inspec- tions, tests and approvals unless otherwise provided. 7,13,2 1f after the commencement of the lh'ork the Architect determines that any Wark requires special irF- spection, testing, or approval which Subparagraph 7.8.1 A!A OOCUMEh'T A2US • CENERAI. CONDITIONS OF THE CONTRACT FOR f.ONSTRUCTION • TwEtfTH EDITION • APRIL 197iS ED, AIAm • ~ 7970 THE AMERICAN rNSTITUFk OF ARCkilTEC74, 1715 NEW YLIRY. AVEr.'UE, N.W., WASHINGTON, D.C. 20006 ~~ ~~.~ i ~. does not include, he will, upon written authorization from the Owner, instruct the Contractor to order such special insl?cction, testing or approval, and the Con- tractor shall give notice as in Subparagraph 7.13.1. if such special inspection or testitte reveals a failure of the WVork to comply {1) with the requirements of the Contract Documents ur (21, with respect to the performance of the Work, with laws, ordinances, rules, rehulations or orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including tfre Architect's addi- tional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.$.3 Required certificates of inspection, testing or ap- prove! shall be secured by the Contractor and prornptfy delivered by him to the Architect. 7.$.4 ff the Architect wishes to observe the inspections, tests or approvals required by this Paragraph 7.E3, he will do so promptly and, ~n~herc practicable, at the source of supply. 7.13.5 Neit!'~er tltc observations of the Architect in his Administration of the Cons€ruction COr~tract, nor inspec- tions, tests or approvals by persons other than the Con- tractor shall relieve fire Contractor from his obligations to perform the 1~'Jork in accordance with the Contract Uocu:nents. 7.9 ttvlt:~ Syr 7.r~,7 Any moneys not paid w€ten due to either party unc'c~r this Contract shall hear interest at the legal rate in forte at lh~ dace of the Project, 7.1~ ~i?rjt;rr,rlr~N 7.1.1 All claims, disputes and outer matters in question arising out of, or relatirl;; lo, this Contract or the breach thereof, cxcel~t as set fort?~ in Subparagraph 2.Z.9 with respect fo the Arc:hit~=.ct's decisions on matters relating to artistic effect, and except for clain'IS whici~ have been waived by the mal:+n;; or acceptance of final payment as provit;cci by Subparat raphs 9.7.5 and 9.7.6, shaft be de- cided by arbitration its accordance with the Construction lndtrstry Arbitration €;ufes of the American Arbitration Association then alitaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment ntay be entered upon it in accordance with applicable law in any court havin, jurisdiction thereof. 7.713.2 Notice of lire demand for arbitration shall be filed in writing, with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed 4vith the Architect. The demand for arbitration shall be made within the time lirrtits specified irr Sub- paragraphs 2.2,1p and 2.2.11 when applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitahle proceedin;;s based on such claim, dispute or other matter in question vrould be barred by the applicable statute of limitations. 7'.10.3 The Contractor shall carry on the Work and main- tain the progress schedule during any arbitration pro- ceedings, ur7less otherwise agreed by him and the O,vner in writing. AftT#CEE $ TIME g,1 DEFtNtTtarvs $.1.1 The Contract Time is the pe:cod of time alloted in the Contract focuments for completion of the Work. $,7.2 The date of commencement of the Work is the date established in a notice to proceed. if there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. 8.1.3 The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the O+h•nor may occupy the 1R~ork or designated portion thereof for the use for which it is intended. 8.7,4 The term day as used in, the Contract Documents shall mean calendar da}~. $,~ PROGt<E55 AhiD CONPLETt{lN $.2.1 Afl time limits stated in the Contract Documents are of the essence of the Contract £i.7.2 The Contractor shall begin the Waric on the date of commencement as de{fined in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequ~rte forces and shall complete it within the Contract Time. 5.2.3 if a date or time of completion is included in the Contract, it shall be the Date of Substantial Completion as defined in Subparagraph f5.1.3, including authorized extensions thereto, unless otherise provided. $,3 DE-LAY5 AitiD EXTEh510N5 QF T{fvtE $.3.1 if the Contractor is delayed at any time in the progress of the Work by any act or neglect of the GvY~ner or the Architect, or by any ernplayee of either, ar by arsy separate contractor employed by the Owner, or by changes ordered in the V1!ork, or by labor disprrles, fire, unusuaE delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by any cause which the Architect determines may justify the de€ay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, 8.3.2 All claims for extension of time shat! be made in writing to the Architect no mare than twenty days after the occurrence of the decay; atherv.~ise they shall be waived. in the case of a continuing cause of delay only one claim is necessary. 8.3,3 ff no schedule or agreement is made stating the dates upon which written interpretations as set forth in Subparagraph 7.2.5 shat! be f~srr.ished, then no claim for delay shall be allowed on account of failure to furnish A!A r7DCUMF4T A2r17 GrNI.RnL COf~lb131aN5 OF TI-1£ CONTr:ACT F'QR CONSTRUCTrON.• 7WElrTH EpITI()N APRIL 7970 £rJ. 12 AIAa . p 7970 • 31i£ Aht£RICAN INSTITUTE OF ,tRCHITEGTS, 7735 N£1'Y YORK AVENUE, N.4w., wASHINGTpN, p.C. 20006 ~ ~ such interpretations until fifteen days after demand is made for thorn, and not then unless such claim is reasonabEe. 8.3.4 This Paraf;raph 13.3 does not exclude the recovery of damages far delay by eitlser party under other pro- visions of tltc Contract I~ocunxrnts. A1:t1'ICl~E 9 PAYMENTS AND COMI?I.~TION 9,1 CONTRACT SUM 9.7.7 The Contract Sum is stated in the Agreement and is the total amount payable by the Owner to the Con- tractor far the performance of tl7e Work under the Contract tocuments. ),2 SCHEDULE GF VAI.UCS 9.?..'! Before the first Application for Payment, the Con- tractor shall submit to the Architect a schedule of values Of lt1C VarIOJS portions of the Work, including quantities if required by the Architect, ag,regating the total Con- tract Sum, divided so as to facilitate payments to Sub- contractors in aceord~nce with Paragraph 5.4, prepared in such farm as specified or as the Architect and the Con- tractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Enoch item in the. Schedule of values shall include its proper share of overhears and profit, This schedule, +vhesi approved by the Arc.hitcct, shall be used only as a basis far the Contractor`s Appiicat'sons for Payment. tj,$ Pt:C3Gt`ESs PAYh1Eh:1S 9.:1.1 Al least tc~n clays lJefore each progress payment falls dire, the Contractor shall submit to tl~e Architect an itemized Application for Pa}~ment, st.rpported by such data subst.;ntiating the Contractor's right to payment as the Ownr•r or the Architect may require. 9.3.E If payments arc to 6e made an account of mate- rials or equipment not incorporated in the 1'Vark but de- livered ;end suitably stored at ti7e site, or at some other lor:atian agrceci upon in writing, such payrTSents shall be conditioned ul-,cn submission by thi Contractor of bills of sale or such ether' procedures s,aisfactary to the O1~'ner to e•stai~lisJl the Owner's title to such materials or equipment nr other+vise protect the Owner's interest in- cluding applicable insurance and transportatiolT to the Slte. 4.3.3 The Contractor warrants and guarantees that title to all Wark, materials and equipment covered by an Application for Payment, whether incorporated in tJ~a Project ar not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests ar encumbrances, here- inaftcr referred la in this Article 9 as "liens"; and that no Work, materials ar equipment covered by an Application for Payment will have been acquired 6y the Contractor; or b}~ any other person performing the Work at the site or furnisl~ling materials ar~d equipment for the Project, subject to an ar~,reement under +vfiich an interest kherein or an encunik~rance thereon is retained by the seller or otherv,ise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 If the Cantr~actor has made Application far Pay- ment as above, the Architect will, with reasonable promptness but not mare than seven days after the re- ceipt of the Application, issue a Certificate far Payment to the Owner, with a copy to the Contractor, far such amount as he determines to be property due, or state in writins his reasons for withholding a Certificate as pro- vided in Subparagraph 9.5.1. 9.4,2 The issuance of a Certificate: for Payment will con- stitute a representation by the Architect to the Owner, based on his observations at the site as provided in Sub- paragraph 2.2.4 and the data comprising the Af)plica- tion for Payment, that the Wark has progressed to the point indicated; that, to the best of his knowledge, in- formation and belief, the quality of the Work is in ac~ cordance with the Contract Documents (subject to an evaluation of the Wark far conformance with the Con- tract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract 17ocu- ments correctable prior to completion, and to arty sp~- cific qualifications stated in his Certificate); and that tt:e Contractor is entitled to payment in the an~aunt crartified, !n addition, the Architect's final Certificate for f'ayrnent will constitute a further representation that the condi- tions precedent to the Contractor's being entitled to final payn~:ent as set forth in Subparagraph 9.?.2 have been fulfilled. }-Eowever, by issuing a Certificate far Paylnel;t, the Architect shall not thereby be deemed to represent that 17e has made exhaustive or continuous on-rile inspections to check the quality or quantity of the Worl! or that he has reviewed the construction means, mc~tht,ds, techniques, sequences ar procedures, or that he has made arry examination to ascertain how or for l~~h~lt purpose lfle Contractor has used the moneys previously paid un account of the Contract Sarm. 9,4.3 After the Architect has issued a Certificate for' Pay- ment, the Owner shall make payment in the mannr.r pra- vicJed in tf~e Agreement. 9.4.4 too certificate fora progress payment, nor any progress payment, oar any partial or ~entirc use ar oc- cupancy of tl-le Project by the O+vrter, shall constitute an acceptance of any Work not in accordance with the Con- tract Documents. 9.5 PAYMENTS Wt7HHELD 9.5.1 The Architect may decline to approve an Appli- cation for Payment and may withhold his Certificate in whole or in part, to the extent necessary reasonalaly to protect the Owner, if in his opinion he is unable to make representations to the Uwner as provided in Subpara- graph 9.4.2. The Architect may also decline to approve any Applications for Payment ar, because of subsequently discovered evidence or subsequent inspections, he may nullify the whole or any part of any Certificate for Pay- ment previously issued, to such extant as may lac neces- sary in his opinion to protect the Owner frorn lass be- cause nf: .1 defective Wark not remedied, .2 third party claims filed or reasanalJle evidence indicating probable filing of such claims, ArA r70C11,13i1JT A207 • GtNCkAL Ca4pITlOf~'S OF l'ri[ Co,'vTRAC7 rOC CnNSTkUCI'ICJN • T1vEfFTM ERfTIQN • APRIL 197D Ea. AIl,~ U 1970 • 71iE nnlCkrCAN INSTITUTE Uf AkCIIITEC"t5, 1735 Nrw 1'akK AVENUE, N.lv., 1'VASHINGION, U.C. 2r~6 73 .1 all employees on the Work and a[1 other per- sons who may be affected thereby; ,2 all the Work and all materials and equipment to be incorporated therein, whether in storage on ar off the site, under the rare, custody or contra! of the Contractor or any of his Sub- contractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, inciudir7g trees, shrubs, daGa•ns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 14.2.2 The Contractor shall comply with ail applicable Paws, ordinances, rules, regulations and lawful orders of any public authority leaving jurisdiction for the safety of persons or property or to protect ±heln from damage; injury or loss. f-le shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, includ- ing posting danger signs and other warnings against haz- ards, promufi;ating safety regulations artd notifying owners and users of adjacent utilities. 10,2.3 When the use or storage of exptosives or other haz~rrdous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost Bare and shall carry on such activities under the supervision of property qualified persarsnel. 14.?.,4 rldi damage or loss to any property referred to in Clauses 10.2.1.?. and 10.2.1.3 caused in wham or in part by the Contractor, any Subcor:tracior, any Sub-subccJS7- tractor, or anyone directly or indirectly employed by any of them, or by anyone !or whose arts an}~ of them may be liable, shall be remedied Icy the Contractor, except damage or loss attributable to faulty Drawings or Specifi- cations or to the acts ar~ omissions of the Orvner or Arcl~i- tcct ar anyone crry>loyed by either of them or for whose acts either of them may be liable, and not attributable to the fault or r:ebligence of the Contractor. 1(f,2.5 The Contractor shall designate. a responsible member of his orgar7ization at the site whose duty shall be the prevention of accidents. This person shell be tl-rc Contractor's superintendent unless otherwise designated in ~~~ritinb by the Contractor to the Ovrner a?7d the Arclsitect. 1Ei.7..6 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGEh'CIt:5 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or toss. Any addi• liana! compensation or extension of tune claimed by the Contractor on account of emergency work shall be de- termined as provided in Article 12 for Changes in the 4i'ork. AKTlCLE 11 EIVStIR~afVCE 11.1 Ct7NTRACTC)R'S LlAt;tLtTY INSURANCE 11,1.1 The Contractor shall purchase and maintain such insurance as will protect him Pram claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone di- rectly or indirectly employed by any of them, or by any- one for 4vhose acts any of them may be liable: .1 claims under workmen's compensation, disability benefit and other similar employee benefit acts; ,z claims for damages because of bad"sly injury, occupational sickness or disease, or death of his employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; .Q claims for damages insured by usual personal injury liability coverage which are sustained {1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; and .5 claims for damages because of injury to ar de- struction of tangible property, including foss of use resulting therefrom. 11.1.2 The insurance required by Subparagraph 11.1,1 shall be 4vrstten for not less than any limits of liability specified in the Contract .Documents, or required by law, whichever is greater, and shall include contractual liability instrance as applicable to the Contractor's obtigatians under l aragrapf~ 4.18. 11,1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner I?rior fo commencement of the 1'Vor'r,. These Certificates shall contain a provision that coverages afforded under the policies wilt not be can- celled until at least fifteen days' prior written notice has been given to the Owner. 11.2 owntLt;~s LIABf> tTy INSUR~;NCt_ 11.2.1 The Owner shall be responsii~le for purchasing and maini~sinirsg his own liability insurance and, at 17is optian,tnay purcl-lase and maintain such insurance as wild protect him against claims which may arise from opera• tions under the Contract. 71,3 PRC~PLt:TY fNatJfi,4NCt: .. 11.3.7 Unless otherwise provided, the Owner shall pul•- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof, !'his insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief. 11.3.2 The Owner shall purchase and maintain such steam boiler and machinery insurance as maybe required lay the Contract Documents or by law. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.3 Any insured loss is to be adjusted with the Owner and made payable to the Owner as trustee for the in- sureds, as their interests may appear, subject to the re- quirements of any applicable mortgagee clause and of Subparagraph 11.3.8, AlA DQCUAtEN7 A:n1 Gr.NERAE COw'DITrONS OF 7riE CCr~i7R.AC7 rOR Caf~STRUCrIpN • T1VrlFT,i EDr71pN • APRIL 79'0 FD. AIA~ ©19717 THE AMERICAN INSTITUTE OF ARCFrITECTS, 7735 NE1Y YORi` AVENUE, ,J.1Y., WASHINGTON, D. C. 20006 15 .3 failure ai the Contractor to make payments pr~p- erly to Subcontractors or for labor, materials or equipment, ,~} reasonable doubt that the Wark can be com- pleted for the unpaid balance of the Contract Sum, ,5 damage to another contractor, .6 reasonable indication that the Work wil€ not be completed tiff ithin t#7e Contract Time, nr .7 unsatisfactory prosecution of the Work by the Contractor, 9,5,2 b1'hen the above grounds in Subparagraph 9.5.7 are removed, payment shall be made far amounts with- hefd because of tilen~, ~,6 FAtiURt: OF PAYMENT 9,6.1 if the Architect shaulci fail to issue any Certificate for Payment, through no fault of the Contractor, within seven clays after rcceii)t of the Contractor's Application for Payment, or if the O+vner shoufci fai# to pay the Con- tractor within seven days after the date of payment es- tab€isl~ed in the Agreem::nt <.ny amount certified €3y t.l~e Architect or awarded by arbitration, then the Contrac- tor may, upon seven additional nays' written notice to the Owner and tl,e Architect, stop the lhfork until pay tent of the amount owing has been received. 0,7 SLtRST/iNfiML COhtPLETIOt~ F`.ND CINAI. 1'AYh4EhiT 9.7.1 ltirhen the Contactor determines that thr.. 1'Vork ar a designatedi portic~rl thereof accelatable to the Owner is substantial€y comn!ete, the Contrar_tar shall p~rcpare far su6missian to the Architect a list of items io be com• pleted or corrected. The failure to include any itel~3s on such list r.}oos I7ot alter the responsibility of the C~n- tractor to cam;aiete all 1'Vork in accordance with the Contract Dacumc~Ilts. When tl7e Architect an the basis of an insl)F~ctiUn determines that the Wark is subst,lr7tia€ly eanlplete, he will then prepare a Certificate of Sukstantial Completion which shall establish the bale of Substantial Conlplction, shall state the responsibilities of the O`vner and the Contractor far maintenance, heat, utilities, and insurance, and sh<~If fix the time within +vhich the Can- tractar shaEi caml,lete the iten-~s listed therein, The Cer- tificate of Substantial Complcti~~n'sha#I be sukamitted to the Owner and the Contractor far their +vritte•n accept ante of the rc:spor7sibillties assigned to them in such Certificatr., 4.7.2 Upan receipt of +t~ritten notice that the Work is ready for final inspection and acceptance and upon re- ceil)t of a fina€ Application for Payment, the Arcl>.itect will promptly make such inspection and, when he finds the Wark acceptable under the Contract Documents and Ehe Contract fully performed, he will promptly issue a final Certificate far Payment stating that to the best of his kno+ti~Ir.dt;r~, inlonl~ation and belief, and on the basis of his observations and in_pcc.tions, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire baiance found to be due the Contractor, and noted in said final Certificate, is due and pa}able. 9.7.3 €*lciiher the final payment oar the remaining re- tainer! percentage shall bccorrse due until tllc Contractor submits to the Architect (1) an Affidavit that a€! payrolls, bills for materials and equipment, and other indebtedness connected with the 'v'Vark for which the Owner or his property might in any way be responsible, have beer? paid or ather~vise satisfied, (2) consent of surety, if any, to final payment and (3), if required by the Owner, other data establisMling payment or satisfaction of all such ob- ligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontrac- tor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a band satisfactory to the Owner to indemnify him against any such lien. tf any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the CYwner all moneys that the fatter may be compelled to pay in dis- charging such lien, inc{uding all casts and reasorrable at- torneys' fees. 9.7.4 if after Substantial Completion of the Work final completion thereof is materially delayed through no fault of the Contractor, and the Architect so confirms, the Owner slla€€, upor7 certification by the Architect, and with- out tern-linating the Contract, make payment of the ba€- ance due far that portion of the Wark ful€y completed and accepted. if the remaining balance for Worlc not fully completed or corrected is less than the retainage stipu- lated in the Agreement, and if bonds have been furnis€1ed as required in Subparagraph 7,5.1, the written consent of the surety to the payment of the balance due for that portion of the Wark fully completed and accepted steal{ be sul.~mitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing fir7a! payment, exe~l)t that it shall not constitute a waiver of claims. r3.7.5 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liars, .2 faulty or defective 1Nork appearing after Substan- tial Canlpletian, ,3 failure of the lArork to comply with the re.quire- nlCiltS Of the Car7tract (aaGU1T)E'nfS, or .4 terr~rrs of any special guarantees required by ti7e Contract Documents. 9.7.6 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those pre- viaus€y made in writing and still unsettled. ARTICLE 1Q PROTECI'tON OF PERSONS AND PE20P>:R'f Y 10,1 SAFETY PRfCAUTIOt~S ANt) PROGRAMS 10.1.1 Tl~e Contractor shall be responsible for initiating, maintaining and supervising all saf+?ty precautions and programs in connection with the Work. 10,2 SAFETY 4F PERSONS ANG PROPERTY 10.2.1 The Contractor shall take all reasonable precau- tions for the safety of, and steal! provide all reasonable protection to prevent damage, injury or loss to: J~lA PaCEJMEhi' A201 G£NrkAL CONDI7rUN5 CF THr CONTRACT f()R CONSTRUCTION • TW'rLlTli EDITION APRIL 1970 Ln. '~~ AIA~' • (J 197D TlIE AMCRICAN INSTiI'UTE Of AkCHITECTS, 1735 N£W YQRK AVENUE, r~[,w., 4YASHIhGTON, U.C. 20~G 11.1.4 The Owner shall file a copy of ail policies with the Contractor before an exposure to loss may occur. if the Ovvnrr does not intend to purchase such insurance, he shalt inform the Contractor in writing prior to com- mcnccment of the 1Nork. The Contractor may then effect insurance which will protect the interests of himself, his Subcontractors and the Sub-subcontractors in the Work, and by appropriate Charlge Order the cost thereof shall 6e charged to the Owner. if the Contractor is damaged by failure of the Owner to purchase or maintain such insur- ance and so to notify the Contractor, then the Owner shall bear all reasonable tests properly attributable thereto. 11.3.5 IC the Contractor requests in writing that insur- ance {or special hazards be included in the property insur- ance peiicy, the Owner shall, if passible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.3.E The O+vner and Contractor waive alt rights against each other for damages caused by fire or other perils to the extent covcr~d by insurance provided trnder this Para- graph 17,3, except such rights as they may (lave to the proceeds of sr1ch insurance I~leld by the Owner as trustee. The Cc}ntractor shall require similar waivers by Subcan• tractors and Sub-subcontractors in accordance vrith Clause 5,3.1.5. 11.3.E !f required in writing by any party in interest, the Utvntr as trtastee shat{, upon the occurrence of an insured loss, Five ban,f far the propc_r performance of his duties. E;e shall deposit in a separate account any mar,ey so re- ceived, ar~d he shall distribute it 'sn accordance with such agreer~iFnt as the parties in interest may reach, or in ac- cordance: +vitll an av,ard by arbitration 'sn which case the procedure shall be as provided in Paraf;raph 7.10. if after such 1a55 no other special agrcemc:nt is made, replace- ment of damaged work shalt be covered by an appro- priate Change Order. 11.3,t/ The Owner a; trustee shall leave power to adjust and settle any Eass with the insurers unless one of the parUcs ir1 iracresi shall object in wrilirlg ~.viihin five days after the occurrence of loss to the Owner's exercise of this. power, ,end if sue€~ objection be made, arbitratass spoil be cl~o:err as provided in Naragraph 7.10. The Otivner as trustee shall, in that rase, make setties~lent with the it:;urers in accorc.#ance wit€-~ the directions of such arbi- trators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution, 11,x{ LOSS OP USE itJSURANCE 11,4.1 The Owner, at his option, may purchase and maintain such insurance as will insure hrm against loss of use of his propert}~ due to fire or other hazards, however caused. A1;TICi.E 92 CFfAI~'GES lid THE WORK 12.1 ctiAt~ct Ourrt:s ,2.9.1 The U`+•ncr, Without invalidating the Contract, may order Changes in the G'Vork within tl<e general scope of the Contract consisting of auciaions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such Changes in the 1~1'ork sllall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Docu- ments. 12.1.2 A Change Order is a written order to the Con- tractor signed by the Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or an adjustment in the Contract Sum or the Contract Time. Alternatively, the Change Order may be signed by the Architect alone, provided he has written authority from the Owner for such procedure and tllat a copy of such written authority is furn'sshed to the Con- tractor upon request. A Change Order may also be signed by Ehe Contractor if he agrees to the adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order, '(2.9.3 The cost or credit to the Owner resulting from a Changa in the 1A'ark shall be determined in one or more of the following ways: .1 by mutual acceptance of a Pump sum properly itemized; ,2 by unit prices stated in the Contract C~ocuments or subsequently agreed upon; or .3 by cost and a mutually acceptalale fixed or per- centage fee. 17.,1.4 If Wane of the methods set forth ir1 Subpara,raph 12.1.3 is agreed upon, the Contractor, provided he re- ceives a Change Order, shall promptly pracr•cd ~4ith the Work involved, The cost of such 1Nork shall then be de- termined by the Architect on the basis of the Contractor's reasonable expenditures and savings, including, in the case of an increase in the Contract Sum, a reasonable allowance far overhead and profit. In such case, and also under Clause 12.1.3.3 above, the Contractor shall keep and present, in such form as the Architect may prescribe, an iterrrized accounting [agether with appropriate sup- porting data. Pending f'snal determ'snation of cost to the Owner, payments on account shall be made on the Architect's Certificate for Payment, The amount of credit to be allowed by the Contractor to the Owner for ar,y deletron or change which results in a net decrease in cost will be the amount of the actual net decrease as con- firmed by the Architect. When both additions and credits are involved in any one change, the allowance for over- head and profit shall be figured on the basis of net ir1- crease, if any. 12.1.5 if unit prices are stated in the Contract Docu- ments or subsequently agreed upon, and if the goon€ities originally contemplated are sa changed in a proposed Change Order that application of the agreed unit prices to the quantities of Wark proposed will create a hard- ship on the Owner or tt~e Contractor, the applicable unit prices shall be equitably adjusted to prevent such hard- ship. 12.1.G Should concealed conditions encountered in the performance of the Work below the surface of the ground be at variance with the conditions indicated by the Con- tract Documents or should unknown physical conditions below the sur€ace of the ground of an unusual nature; AEA DaC.U~lrCrr'T A29f GFhrRA! CONCJIT€UNS OF iEi£ CO'~TRACT rOR CONCTr;UCT1Uti • TL+'ELriH EpITIb:V APRlt 1970 ED. 16 AIA~ • C` 1970 • THE AMERICAN INSTITUTE Ur ARCHIT€C7S, 1735 NE1Y YORK Ab'ENUE, N.1'S'., 1vA5H1NGT0.'~l, D.C. 104QG •~ ~ , differing materially from those ordinarily encountered and generally recat;nizcd as inherent in work of the character pravided for in this Contract, be encountered, the Con- tract Sum shelf be c~qurtal~ly adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions. 12.1.7 if tl~c Contactor claims that additional cost is invol~~ed because of (11 any written interpretation issued pursuant to 5ubpar~araph 1.2,5, (2) any order by the Owner In stop the `~rork pursuant to Paragraph 3.3 v,~here the Contractor was not at fault, or (3} any written artier far a minor change in the Work issued pursuant to Para- graph 't2.3, the Contractor shall make such claim as pro- vided in Paragraph 12.2. 12,2 CLAfAhS I=Oti ADDITIONAL C05T 12.2,1 If tfie Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice il7ereof within twenty days after the occur- rence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to exe- cute the Wark, except in an emergency endangering life err property in which case the Contractor sf~all proceed in accordance with Subparagraph 14.3.1, No such claim steal! be valid trnless sa made. If the Groner and the Carotractar eanl;ot agree on the amount of the adjustment in tl~e Catitrzct Sum, it sflall be de(ermined by tfte Architect, Any change in the Contract Sum resulting fralrr such claim sftalf be authorized by Change Order. 1~,~ A1lNOR Ct~EA'~~GFS 1N TttE 4i'C)RK 1?..3.1 The Arcl7iteek shall have authority to order minor changes in the 1'1~ork oat in~roh•int; an adjustment in the Contract Sum or an extension of the Contract Time and oat inconsistent ~ti~ith the intent of the Contract L~acu- rrlerlts. Such than ,es may be effected by field Order or by other written order. Such changes shall be bindirtig nn the t7vrr~Er and the Contractor. 12,4 FtFLl7 UR1JF.1;5 12.4.1 The Architect may issue written T:ield Orders L5'flich interpret the Contract Documents in ac:cardance u•itlt Subparagraph 1.2.5 or v.~hic:h order minor changes in the Vti'ark in accarc?a;i~e with Parac~,raph 12.3 without change in Contract Sul',•s ar C:antract ~i'im~. the Contractor shelf carry out such Field Orders promptly. AIt71CLE 13 UNCOVE111NG AND CDRREC710N ,OF WORK 13.1 uNCa~~t:RtNC of woRK 13,1.1 If any Wark should 6e covered contrary to the re- quest of the Architect, it must, if required by the Archi- .ect, be unca~'ered for his observation and replaced, at the Contractor's expense. 13.1.2 If any other Work has been covered which the Architect has oat specifically requested to observe prior to being coverer!, The Architect may request to see such Work and it shall be uncovered by the Contractor. If such 1'~'ork be found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate (_hange Order, be charged to the Owner. if such Work he found not in accordance with the Contract Documents, the Contractor shad pay suci7 costs unless it be found chat this condition was caused by a separate contractor employed as pravided in Article G, and in that event the Owner shall be responsible for the payment of sorb costs, 13,2 CORRECTION OF WORK 13.2.1 The Contractor shad promptly correcE all Wark rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed before or after Substantial Completion and whether ar not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Vlrork, in- cluding the cost of the Architect's additional services thereby made necessary. 13.2.2 !f, within one year after the Date of Substantial Completion or within such longer period of time as n•,ay be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the Wark is found to be defective or not in ac- cordance with the Contract Documents, the CarTtractor shall correct it promptly after receipt of a written notice from the Owner to da so unless the Owner has pre- viously given t11e Contractor a written acceptance of such condition. The Otivner shall give such notice promptly after discovery of the condition. 13.2,3 Alf such defective or non-conforming Work under 5ubparaKraphs 73.2.1 and 13.2.?. shall be removed from tlke site if necessary, and the Work shall lac cormcted to comply with the Contract t~ocuments vrithatkt cost to the Owner. 13,2.x€ The Contractor shall bear the cost of making good all 4vork of separate contractors destroyed or dar7z• aged by such removal or correction. 13.2.x" if the Contractor does oat remove strch defective or non-conforming Work within a reasonable time fixed by written notice from the Architect, the Droner may remove it anti may stare the materials or equipment at the expense of the Contractor. tf the Contractor does not pay the cost of such removal and storage within ten days thereafter, the U~vner may upon ten additional days' written notice sell such Worl: at auction or at private sale and shat[ account far the nci proceeds thereof, alter deducting elf the costs that should have been borne by the Contractor including compensation for additional architectural services. if such proceeds of safe do not cover all casts which the Contractor should have borne, the difference shalt be charged to the Contractor and an appropriate Change Order shall be issued. If the pay- ments then or thereafter due the Contractor are not suf- ficient to cover such amount, the Contractor shall pay the difference to the Owner. 13.2.b If the Contractor fails to correct such defective or non-conforming Work, the Owner may correct ft in accordance with Paragraph 3.4. 13.3 ACC~t=TANCS of n~f'rcrty~ OR NOtlI•CONFORMING WORK 13.3.1 tf the Owner prefers to accept defective or non- conforming Work, he may do sa instead of requiring its AtA UaCUhS"cr•r]' A201 CC`,'ERAC CON<71T'IONS Ct THC C:ONTf!ACi FOR CON57Rr}C7rC)N,• ll~'FEF7H E[}ITION • APRIL. 197p EIS. AIA~' • p 19;Q + 71iE A.t4EkICAN INSTITUTE OF ARCH11CCT5, 1735 NEYJ YORK AVENf1@, t~.W., WASHINGTON, A.C. 2DOD6 17 ......./`~` W. N removal and correction, in whir€~ case a Change C?rder will be issued to reflect an appropriate reductian in the ConUact Sum, or, if the amairnl is detcrrnined after final pa)'ment, it shall be paid €Jy the Contractor. ARTICLE 74 TERMlNAT{ON OF TfiE CONTRACT 74,1 TCFvMINATIO~f BY TFiE CDNTRACTOR 74.1.7 IF the Work is stapped fora period of thirty days under an order of any court or other public authorit}' haling jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavai€aI31e, through no act or fault of the Con- tractor or a Subcontractor or their agents or employees or an)~ other persons performing any of t€~e Work under a cantract with the Contractor, or if the 1~'ark should be stopped for a period of thirty' days by the Contractor for the Architect's failure to issue a Certificate for Payment as provic'eci itT Paragraph 9.G or for the Olh'ner's failure to make payment ihrrean as provided in Paragraph 9.G, then the Contractor may, upon seven days' Ivritten notice to tlTe Ov,•ner and the Arc€;itect, terminate the Contract and recover from the Uwner pa}•rnent for aII 1h'or~< exe- cuted and for any proven loss sustained upon an}' ma- terials, equipment, tools, construction equipment and machinery, including reasonable profit acid damages. 7¢,2 TERl1't1h'A'CiDtV SY Thit: OWtvEit 7.2.1 If t€~e Contractor is adjudged a bankrupt, or if he makes a gene:al assignrncnt for the benefit of his credi- ,;; tors, or if a receiver is appointed on account of his in- so€vency, or if he persistently or repeatedly ref~lses or fails, except in cases for which extension of lime is pro- vided, to supply enouglT proper€y skit€ed 1~'orkmen or proper materials, or if he fails to make prompt payment to Subcontractors or far materials er labor, or persistently disregards laws, ordinances, rules, regulations ar orders of any public authority having jurisdiction, or otherwise is gui€ty of a substantial violation of a provision of the Contract Documents, then the Olvner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any right or remed}' and after giving t€1e Contractor and his surety, if any, seven days' written notice, terminate the emplo}'ment of the Contractor and take possession of the site and of all materials, equipment, too€s, construction equipment and machinery thereon owned by the Contractor and may finish t€ze 1'Irork by whatever method he may deem ex- pedient. In suc17 case the Contractor shall oat be entisl,.d to receive any further payment until the 1Nori< is finished. 19.2.2 If tl7e unpaid ba€ance of the Contract Sum ex- ceeds the costs of finishing the Work, including com- pensation for the Architect's additional ser'ices, such excess sha#€ be paid to the Contractor. If such costs ex- ceed such unpaid balance, the Contractor shall pay the difference to the Uwner. The costs incurred by the UI:'ner as herein provided shall be certified by the Architect. AIA naCU?~1EN7 A'2L1 • Gr.NERa,t. CONDITIONS C1r THr CONTRACT FbR CONST(.IJCrrON • 7V4'EI FTFr FDIT(O'~f • APRIL 147{! ED. ~8 AIA~ Q 1470 TriE A~ti4EFfCAN IN'STtTUTC VF ARCHITECTS, Y735 NEIY YCRr: AVENI:E, N.1'V., Vs'ASHINGTON, D. C. 20rrJ6 • CERTIFICATE OF DISP05ITaC':v G?' icES~LUT]'C~BI 1~ IT ZS HEREBY CERTIFIED pl~z~~:uant to the Charter of the Town of /Nail, Colorado, Article IV, Section 4.6, that Resolution No, 1~ , Series of 1974, to the original of which this certificate is affixed, was duly adopted by the Town Council, at its regular meeting on the _~~~ day of ~~ , 1974, its adoption was authenticated by the signatures of the Alayor and the Town Clerk, and accordingly on the date hereof said resolution was duly recorded in the official records of res- olutions of the Tow: ~ o~ Vail, Colorado. ~~// ~, + ' D 17ATE5: Vail, Colorado, this ~/;7.ff~ day of ~~~,1~ x1974. F Town • r • RESOLUTION N0. 12 Series of 1974 A RESOLUTION APPROVING AN AGREEMENT WHEREBY THE DEVELOPER WILL CONSTRUCT A LANDSCAPED PLAZA IN VILLAGE CENTER PROVIDED A VARIANCE ELIMINATING TWENTY-TWO PARKING SPACES IS GRANTED BY THE TOWN AND THE TOWN ISSUES A BUILDING PERMIT FOR A PORTION OF SAID PROJECT WHEREAS, the provisions of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, would permit Fred Hibberd,Jr., developer of the Village Center in the Town of Vail, Colorado, hereinafter referred to as the "Town", to construct twenty-two parking spaces in said project in addition to ninety-two parking spaces which will actually be constructed therein; WHEREAS, the Town Council, having the favorable recom- mendation of the Planning Commission of the Town, considers that ninety-two parking spaces are adequate for the Village Center and that it would be reasonable, appropriate, and beneficial to the Town and its citizens for the council to grant to the developer of said project a variance eliminating the unnecessary twenty-two parking spaces in order to have said developer construct a land- scaped plaza in said project; WHEREA5, the developer must obtain building permits from the Town, commence construction, and have an enclosed building in said project by the 1st day of July, 1374, in order to obtain a gas connection for said project with the Public Service Company of Colorado; and WHEREAS, the Town requires an agreement with the de- veloper o£ the Village Center to assure the construction of the afore- said landscaped plaza and the developer requires an agreement to be assured of receiving the aforesaid variance and building permits; NOW, THEREFORE, BE IT RE50LVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Approving Agreement for Construction of Landscaped Plaza in Village Center". Section 2. Approval of Agreement and authorization for execution thereof. The Agreement dated the 16th day of April, 1974, by and between the Town of Vail, Colorado, and Fred Hibberd,Jr., an un- executed copy of which is marked "Exhibit 1", attached hereto, and made a part hereof, is hereby approved by the Town Councih and the Mayor is hereby authorized by the council to execute said agree- ment, or a modified version thereof which contains substantially the same provisions, in behalf of the Town. Section 3. Attachment of executed copy of Agreement hereto. After an agreement has been duly executed by the parties in compliance with Section 2 hereof, an executed copy of said agreement shall. forthwith be marked "Exhibit 2", attached hereto, and made a part hereof. f • ~ a ~ Section 4. Effective date. This resolution shall take effect upon the passage hereof. INTRODUCED, READ, APPROVED, AND ENACTED, this 16th day of April, 1974. Mayor ATTEST: Tawas Clerk .~ ~ AGRBEMENT This is an Agreement between the Town of Vail, a municipal corporation {hereinafter referred to 'as "Vail") and Fred Hibberd, Jr. (hereinafter referred to as "Hibberd"). RECITALS A. Hibberd is the developer of a project in the Town of Vail, Colorado, known as Village Center. B. The Town desires that certain property at street level at the Northeast portion of the Village Center parking garage above which plans currently call for the location of 22 parking spaces, be deleted and the same converted to an urban plaza and open space. C. The Trustees of the Town of Vail have cones eluded that the parking garage with said 22 spaces is or would be in full compliance with all applicable codes of Vail, but that the elimination of the 22 parking spaces and the substitution thereof of urban plaza and open space is desirable in that the substitution will reduce vehicle traffic and congestion and provide more open space. D. Hibberd is willing to apply for the necessary variance to eliminate the 22 parking spaces providing a building permit will be issued by the Town of Vail for the Village Center building C, the parking garage and Building D. In consideration of the recitals and of the mutual covenants herein, it is agreed as follows:. 1. Hibberd agrees to apply for a variance far the elimination of 22 parking spaces which. are presently required to be placed above the East end of the Village Center parking garage and, in lieu thereof, to convert that same area to an urban plaza and open space at street level at the Northeast portion of the Village Center plaza. 2. In consideration of the loss to Hibberd of the adjacent parking to his planned commercial facilities, the Town of Vail agrees to grant the above-described variance and to issue a building permit for the Village Canter Building C and agrees that construction may proceed thereon. The building permit for Building C shall be issued to Hibberd an the execution of this agreement. As soon as the plans for the garage are finalized, which is expected to be on or before May 15, 1974, these plans will be submitted by Hibberd to Vail and a building permit therefore requested. Hibberd agrees to complete the construction of the garage on or before the date that Building C is completed. Tn that connection, Hibberd agrees not to occupy or request a certificate of occupancy for Building G until the garage is completed. 3. Vail acknowledges that time is of the essence hereof due to the July 1, 1974, deadline of Public Service Company of Colorado regarding the enclosure of space and EXHIB~I~T ~~. ~, • w use of natural gas in order to assure the priority for the obtaining of natural gas taps. Vail therefore acknowledges that this agreement must be signed on April 15. 1974. 4. The provisions of this document shall inure to the benefit of and be binding upon the parties hereto and their successors, heirs, and assigns. Dated this 16th day of April, 1974. TOWN OF IL gy a{ior APPROVED BX THE TRUSTEES OF THE TOWN OF VAIL APRIL 16, 1974 Fred Hibbard, Jr. _2_ t ~ ~ CERTI~'ICAaE OF DISPOSITION OF FLESOLUTI01~1 IT IS HEREBY CERTIFIED pursuant to the Charter of the Town of Vail, Colorado, Article IV, Section 4.&, that P.esolution No. ~~ , Series of 1974, to the original of which t~iis certificate is affixed, was duly adopted by the Town Council at its regular meeting on the ~p~ day of SIT .~ , 1974, its adoption was authenticated by the signatures of the Mayor and tl~e Town ClerY., and accordingly on the date hereof said resolution was duly recorded in the official records of res- olutions of the Town of Vail, Colorado. ~ ~ ~ ~ /~ DATES: Vail, Colorado, this ~ ~ day of _ ~~! '1974. Town Clete . . • • RESOL[TTTON N0. 13 Series of 1974 A RESOLUTION RECOMMENDING THE ENACTMENT OF THE PROPOSED COUNTY OF EAGLE ZONING REGULATIONS WHEREAS, zoning is an essential, tool of government to insure that the public property, health, welfare, peace, and safety are protected and enhanced; WHEREAS, further substantial economic and ecological damage wi11 occur if unregulated development continues in the County of Eagle, State of Colorado; WHEREAS, an incorporated municipality is the appropriate form of government to properly regulate urban densities; WHEREAS, the proposed zoning densities are rural in nature and can be regulated by a county government;and WHEREAS, areas of higher densities should be encouraged to annex to an adjacent incorporated municipality; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Recommending Enactment of Proposed Zoning Regulations of County of Eagle." Section 2. Recommendation for approval of proposed zoning regulations. The Town of Vail, Colorado, recommends that the Commissioners of the County of Eagle, State of Colorado, enact the proposed Zoning Regulations presented by the Eagle County Planning Commission and appropriate funds and personnel to adequately enforce the provisions of said Zoning Regulations. Section 3. Effective date. This resolutian shall take effect upon the passage hereof. y p INTRODUCED, READ, APPROVED, AND~NA~TED ~~i~ 16~ da of A ril, 1974. ~~~~ ~/ r ATTEST: ~~~ ~ ~ 1 own Clerk J 1 ~ ~ t CI;RTTFICAiE~OF DTSPOSTTYON OF RE50LUT101~1 TT IS HEREBY CERTTFTED pursuant to the Charter of the Town of Vail, Colorado, Article IV, Section 4.6, that Resolution No. ~~ , Series of 1974, to the original of which this certificate is affixed, was duly adopted by the Town Council ,~ at its regular meeting on the ~~/~ day of L~y~'''" , 1974, its adoption was authenticated by the signatures of the Afayor and the•Town Clerk, and accordingly on the date hereof said resolution was duly recorded in the official records of res- olutions of the Town~ot Vail, Colorado. DATES; Vail, Colorado, this ~~ day of ,1974. ~~~(.~G~ To4rr~~ k ~ ' RESOLUTION N0. 14 Series of 1974 A SECOND RESOLUTION REGARDING THE PROPOSED ANNEXATION OF A PORTION OF THE BIGHORN AREA TO THE TOWN THROUGH AN ANNEXATION ELECTION WHEREAS, at least ten per cent of the qualified electors, who are resident in and landowners of the area proposed to be annexed, which is situated in a county of less than twenty-five thousand inhabitants, filed a petition for an annexation election with the Tawn Clerk of the Town of Vail, Colorado, hereinafter referred to as the "Town", on the Z2nd day of March, 1974, ten days prior to the public hearing on an annexation petition which was established by Resolution No. 5, Series of 1974; WHEREAS, in a public hearing on the 16th day of April, 1974, the Town Council of the Town considered both said annexation petition and said petition for annexation election, gave precedence to said petition for annexation election in accordance with Section 139-21-6(3), Colorado Revised Statutes 1963, as amended, found said election petition to be in sub- stantial compliance with the requirements of Section 139-21-6(2), and enacted Resolution No. 9, Series of 1974, which set a second public hearing on said election petition ~t the regular .. meeting of the council on the 4th day of June, 1974, at 7:30 , P.M,, in the Municipal Building of the Town; and WHEREAS, the Town Clerk gave notice of the public hearing on said election petition to be held on the 4th day of June, 1974, at 7:30 P.M., in accordance with Section 139-217(2}, CRS 1963, as amended, received proof of publication of the zequired notices, and attached the certificates of publication of the newspaper to said Resolution No. 9; ~ ~ i NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as "Resolution #2 Regarding Proposed Bighorn Annexation Through an Annexation Election". Section 2. Findings of fact. On the basis of competent evidence presented in the public hearing on the petition for annexation election on the 4th day of June, 1974, at 7:30 P.M., the Town Council of the Town of Vail, Colorado, finds and determines as follows: A. At least one-sixth of the perimeter of the area proposed to be annexed is contiguous with the ToGrn of Vail, Colorado, the annexing municipality. B. A community of interest exists between the territory proposed to be annexed and the annexing municipality; the territory proposed to be annexed is urban; and tht~ territory proposed to be annexed is integrated or is capable of being integrated with the annexing municipality. C. Tn establishing the boundaries of the territory proposed to be annexed there was no division of any parcel of land therein held in identical ownership. D. The territory proposed to be annexed does not include an area of land held in identical ownership that consists of twenty acres or more which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars for ad valorem tax purposes in 1973. E. No annexation proceeding concerning any part of the territory proposed to be annexed has been commenced by another municipality. P ~ i F. pursuant to the petition for annexation election which was filed with the annexing municipality, an annexation election is required to determine the matter of the proposed annexation. Section 3. Conclusions and determinations. Based on findings of fact set forth in Section 2 hereof, the Town Council reaches the conclusions and makes the deter- minations as follows: A. The requirements of the applicable parts of Sections 139-21-3 and 139-21-4, Colorado Revised Statutes ].963, as amended, have been met with respect to the proposed annexation. B. An annexation election without the imposition of additional terms and conditions is required to determine the matter of the proposed annexation under Section 139-21-6{2?- CRS 1963, as amended. C. The Town of Vail, Colorado, shall forthwith file a petition in the District Court in and far the County of Eagle, State of Colorado, requesting the court to appoint three commissioners to call and hold an annexation election to determine the matter of the proposed annexation in accordance with Section 139-21-11, CRS 1963, as amended, and after the election, if the majority of the votes cast is in favor of annexation, to enter an order that the territory proposed to be annexed may be annexed by the Town by ordinance. Section 4. Effective date. This resolution shall take effect upon the passage hereof. ~, INTRODUCED, READ, APPRQVED, AND ENACTED, this 4th day of June, 1974. yor ATTEST. ~ C L Town Clerk • CERTIFICATE OF DISPOSITION Off' FtESOLUTI0r1 IT IS fILREI3Y CERTIFIED pursuant to the Charter of the Town of Vail, Colorado, Article IV, Section 4.5, that Pesolution No. ~~ , Series of 1974, to this certificate is affixed, was duly at its regular meeting on the ~~ its adoption was authenticated by the and the Town Clerk, and accordingly o: the original of which adopted by . t_heA Town Counci l day of v~ ' 19 7 4 , signatures of the A2ayor z the date hereof said resolution was duly recorded in the official records of res- olutions of the Tow: of Vail, Colorado. DATES: Vail, Colorado, this ,D~ day of ,1974• ~t "" `" ~~~ n C 1 - v RESOLUTION N0. 15 Series of 1974 A RESOLUTION FOR THE DEVELOPMENT OF THE VAIL NATURE CENTRE AND THE TRANSFER OF PART OF AN APPROPRIATION • WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", considers that it is in the public interest to develop, reconstruct, and improve an historic building, commonly known as the Antholz house which is situated on the Town's Antholz property on the south bank of Gore Creek, for use as the Vail Nature Centre; WHEREAS, the Town enacted Ordinance No. 25, Series of 1973, adopting the 1974 Budget and Financial Plan, which contains the Open Space/Capital Improvements Fund that includes a Contingency appropriation in the sum of $101,198.00; WHEREAS, the Town adopted Resolution No. 1, Series of 1974, which transferred $63,000.00 from said Contingency appropriation of $101,198.00, leaving an un- encumbered appropriation balance of $38,198.00; and WHEREAS, having the written request of the Town Manager in accordance with Section 9.10 (d) of the Charter of the Town of Vail, Colorado, the Town Council finds that it should transfer $12,000.00 from said unencumbered appropriation balance of $38, 198.00 and designate said $12,000.00 as a special appropriation for the development of the Vail Nature Centre; 1.utian No. 1 . ~ ' Pa~ 2 ~r NOW, THEREFORE, BE IT RESOLVED BY Tf~IE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution for Development of Vail Nature Centre". Section 2. Transfer of a part of the unencumbered balance of the Contingency appropriation of the Open Space/ Capital Improvements Fund. From the unencumbered balance of $3.8,198.00 of the Contingency appropriation of the Open Space/Capital Improve- ments Fund of the 1974 Budget and Financial Plan of the Town of Vail, Colorado, a part thereof, to--wit the sum of $12,000.00, is hereby transferred to and designated as a special appropriation for the development, reconstruction, and improvement of an historic building known as the Anthalz house for use as the Vail Nature Centre. Section 3. Development of Vail Nature Centre. The Town Manager is hereby authorized to expend said special appropriation of X12,000.00 in a reasonable manner far the development of the Vail Nature Centre and is directed to periodically inform the Town Council as to the progress of said project. Section 4. Effective date. This resolution shall take effect upon its adoption. YNTRODUCED, READ, APPROVED, AND ADOPTED, this 2nd day of July, 1974. ATTEST: r` ~ r~ ~~ ~~~ Town Clerk / U M CERTIFICATE OF DISPOSITION OF RESOLUTION IT TS kIL•'REL'Y CERTIFIED pursuant to the Charter of the Town of Vail, Colorado, Article IV, Sectior 4.6, that Pesolution No. ~~ , Series of ].9'14, to the original of which this certificate is affixed, was duly adopted by the Town Council at its regular meeting on the ~,~ day of , 1,974 its adoption was authenticated by the signatures a£ the rlayor and the Town Clexk, and accordingly on the date hereof said resolution was duly recorded in the official records of res- olutions of the Tocvn of Vail. Colorado. DATES: Vail, Colorado, this~j,Q.~r day of ,1974. ToY1n Cler3~ ' tawa of vain l% bax 100 vail, Colorado 81657 (3031 476-5613 Town Council Town of Vail, Colorado P. 0. Box 100 Vail, Colorado 81657 L~ office of the town manager July 1, 1974 Re: Transfer of a part of the unencumbered balance of the Contingency appropriation of the Open Space/Capital Improvements Fund as a special appropriation for the development of the Vail Nature Centre Gentlemen and Mrs. Klug: Pursuant to Section 9.10 (d} of the Charter of the Town of Vail, Colorado, I hereby request that the Town Council promptly adopt a resolution to transfer $12,004.00 from the unencumbered balance of $38,198.00 of the Contingency appropriation of the Open Space/Capital Improvements Fund of the 1974 Budget and Financial Plan and to designate said $12,000.00 as a special appropriation for the development of the Vail Nature Centre. Sincerely, Terrell J. ger Town Manager • • • .• RESOLUTION NO. 16 Series of 1974 A RESOLUTION TO OBTAIN DATA ON VEHICULAR TRAFFIC PATTERNS IN ZONING DISTRICT COMMERCIAL CORE 1 WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Yawn", contemplates the enactment of a ma11 plan in zoning district Commercial Core ~., the principal commercial area of the Town; and WHEREAS, it is necessary for the Town to obtain data on vehicular traffic patterns an zoning district Commercial Core 1 in connection with the anticipated implementation of a mall plan in said ar~:a; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF TIDE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution to Obtain Data on Vehicular Traffic Patterns in Zoning District CCl". Section 2. Data to be obtained at traffic control facility on Gore Creek Drive from July 2, 1974 through December 31, 1974. From July 2, 1974 through December 31, 1974, a period of six months, the Town of Vaal, Colorado: operator of the traffic control facility on Gore Creek Drive shall request from the operator of every motor vehicle which stops at said facility the following data and maintain records therefor: solution N 16 Page 2 • A. Operator's name {first name, middle initial, and surname}. B. Operator's residence address (street or mai}.ing address, city or town, and state}. C. Operator's destination in zoning district Commercial Core 1 or purpose of entering said district. Section 3. Effective date. This resolution shall take effect upon its adoption. xNTRODUCED, READ, APPROVED, AND ADOPTED, this 2nd day of July, 1974. ATTEST: ~ r TOWri Clerk ,;~~ 1/ (i ~, J i ~- ~ ~ ~ CERTIF'1CATE OF DISPOSITION 0~' FtEaOLUTZON IT 1S HL•'REBY CERTIFIED pursuant to the Charter of the Town of Vail, Colorado, Article ZV, 5ection 4.6, that Resolution No. f~ , Series of 1974, to the original of vrhich this certificate is affixed, was duly adopted by the Town Council at its regular meeting an the ~-(ti- day of , 1974, its adoption was authenticated by the signatures of the Mayor and the Town Clerk, and accordingly on the date hereof said resolution was duly recorded in the official records of res- olutions of the Tow:i of Vail, Colorado. DATES: Vail, Colorado, this~~,~ day of _ ,1974. . ~~~~ -' Tovrn C ` ~ , ~ RESOLUTION N0. 17 Series of 1974 A RESOLUTION FOR THE DEVELOPMENT OF THE TOWN OF VAIL/EAGLE COUNTY ANIMAL SHELTER AND THE TRANSFER OF PART 02' AN APPROPRIATION AND DESIGNATION OF SAID FUNDS AS A SPECIAL APPROPRIATION FOR SAID PROJECT WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", considers that it is in the public interest for the Town to develop, construct, and operate an animal shelter in the Vail vicinity; WHEREAS, the Town and the County of Eagle, State of Colorado, hereinafter referred to as "Eagle County", have each agreed to expend a sum not to exceed $15,000.00 to develop and construct the Town of Vail./Eagle County Animal Shelter for $30,000.00 or less on a parcel of land situated in Eagle- Vail in Eagle County which will be dedicated for that purpose to them by Fred Green, a Vail citizen; WHERP;AS, the Town and Eagle Caunty will own the Town of Vail/Eagle County Animal Shelter jointly and equally and will reach an agreement an their joint operation of the facility; WHEREAS, the Town enacted Ordinance No. 25, Series of 1.973, adopting the 1974 Budget and Financial Plan, which contains the Open Space/Capital Improvements Fund that includes a Transfer to Debt Service Fund appropriation in the sum of r $413,000,00; and WHEREAS, having the written request of the Town Manager in accordance with Section 9.10(d) of the Charter of the Town of Vail, Colorado, the Town Council Finds that it should transfer $15,000.00 from said unencumbered appropriation and designate said $15,000.00 as a special appropriation for the development and construction of the Town of Vail/Eagle County Animal Shelter; ~ ~ ~, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution for Develapment of Town of Vail/Eagle County Animal Shelter and Transfer of Appropriation". Section 2. Transfer of a part of an unencumbered Transfer to Debt Service Fund appropriation of the Open Space/ Capital, improvements Fund and designation of said funds a5 a special. appropriation. From an unencumbered Transfer. to Debt Service Fund appropriation of $413,000.00 of the Open Space/Capital Improvements Fund of the 1974 Budget and Financial Plan of the Town of Vail, Colorado, a part thereof., to~wit the sum of $15,000.00, is hereby transferred to and designated as a special. appropriation for the development and construction of the Town of Vail/Eagle County Animal Shelter. Secta,on 3. Develapment of Town of Vail/Eagle County Animal. Shelter. The Town Manager is hereby authorized to expend said special appropriation of $15,000.00 or a portion thereof in a reasonable manner far the development and construction of the Town of Vaal/Eagle County Animal Shelter and is directed to periodically inform the Town Council as to the progress of said project. Section 4. Effective date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPRC~~~~n nrYn nnnbm~r, ~-~; g 16th day of July, 1974. ATTEST: .:"~ ~) ~ Tawzl Clerk / ~ ~ a i 1BWY box 100 va+I, colarada $1657 {303} 476-5613 Town Council Town of Vail, Colorado P.o. Box l00 Vail, Colorado $1657 • • office of the town manager July 12, 1974 Re: Transfer of a part of an unencumbered Transfer to Debt Service Fund appropriation of the Open Space/Capital Improvements Fund and designation thereof as a special appropriation for the development of the Town of Vail/Eagle County Animal Shelter Gentlemen and Ms. Klug: Pursuant to Section 9.10{d) of the Charter of the Town of Vail, Colorado, T hereby request that the Town Council promptly adopt a resolution to transfer $15,000.00 from an unencumbered Transfer of Debt Service Fund appropriation of $413,000.00 of the Open Space/Capital Improvements Fund of the 1974 Budget and Financial, Plan and to designate said $15,000.00 as a special appropriation for the development and construction of the Town of Vail/Eagle County Animal Shelter. Sincerely, ~G ~~~ Terrell J. anger Town Manager rj • • r CERTTFICI',~'T-~ OF DI5POSTTTON OF ItFSOI~~~TOrI IT TS FiLREi?Y CERTIFIED pursuant to the Charter of the ToHm of Vail, Colorado, Article TV, Section 4.6, that Resolution No. ~~ , Series of 1974, to the original. of which this certificate is affixed, was duly adopted by the Town Council at its regular meeting on the ~~~ day of ~~~ , 1974, its adoption was authenticated by the signatures of the P~ayor and the~Town Clerk, anti accordingly on the date hereof said resolution was duly recorded ~.n the official. records of res- olutions of the Town of Vail, Colorado. DATES: Vail, Colorado, this fd~` day of .1974• Town ~L' ~ r9~ RESOLUTION NO. 18 Series of 1974 A RESOLUTION FOR THE PURCHASE OF TWO BUSES FOR THr MUNICIPAL TRANSPORTATION SYSTEM lINT.) `I'ITF 'Z'R11NSI~'I1? OI~' I'A.R7' OT" .TIN ,~PF'RC?PRIA7;'ION ANll U1:,S~:GNA'1':LUI~ Off' SAII.7 FUNDS AS A 5PECIAL APPROPRIATION FQR SAID PURCHASE WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", considers that it is in the public interest to purchase two buses for $67,000.00 to add to the existing municipal transportation system so that it will be able to provide better bus service for the Town's citizens, residents,,r~nd visitors; WHEREAS, the Town enacted Ordinance No. 25, Series of 1973, adopting the 1974 Budget and Financial Plan, which contains the Open Space/Capital Improvements Fund that includes a Transfer to Debt Service Fund appropriation in the sum of $413,000.00; WHEREAS, the Town adopted Resolution No. 17, Series of 1974, which transferred $15,000.00 from said Transfer to Debt Service Fund appropriation of $413,000.00, leaving an unencumbered appropriation balance of $398,000.00; and WHEREAS, having the written request of the Town Manager in accordance with Section 9.10{d} of the Charter of the Town of Vaal, Colorado, the Town Council finds that it should transfer $67,000.00 from said unencumbered appropriation balance of $398,000.00 and designate said $67,000.00 as a special appropriation far the purchase of two Twin-Coach model TC-~25 buses for the Town transportation system; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF`~~VATL, COLORADO, AS FOLLOWS: i aM '~. Section ~.. Title. This resolution shall be known as the "Resolution for the Purchase of Two Buses and Transfer of Appropriation". Section 2. Transfer of a part of the unencumbered balance of the Transfer to Debt Service Fund appropriation of the Open Space/Capital Improvements Fund and designation of said funds as a special appropriation. From the unencumbered balance of $398,000.00 of the Transfer to Debt Service Fund appropriation of the Open Space/ Capital Improvements Fund of the 1974 Budget and Financial Plan of the Town of Vail, Colorado, a part thereof, to-wit $67,000.04, is hereby transferred to and designated as a special appropriation for the purchase of two Twin-Coach model, TC-25 buses for the Town transportation system. Section 3. Purchase of two buses far the Town transportation system. The Town Manager is hereby authorized to expend said special appropriation of $67,000.00 or a portion thereof in a reasonable manner for the purchase of two Twin-Coach model TC-25 buses for the Town transportation system and is directed to inform the Town Council as to the purchase arrangements which are made and other significant aspects of said purchase as they occur, such as the delivery of the buses to the Town and their operational inclusion in the municipal transportation system. S~ctiori 4. Effective date. This resolution shall take effect upon its adoption. INTRODUCED, READ, ADRROVED, AND ADOPTED,,~this 16th day of July, 1.974. ATTEST: J Ta~Wn Clerk • • •. tows of uailV boX 100 nail, coEorado 81657 (3031 X476-5613 Town Council Town of Vail, Colorado P.O. sax 100 Vail, Colorado 81657 office of the town manager July 12, 1974 Re: Transfer of a part of the unencumbered balance of the Transfer to Debt Service Fund appropriatian of the Open Space/Capital Improvements Fund and designation thereof as a special appropriation for the purchase of twa buses for the Town trans- portation system Gentlemen and Ms. Klug: Pursuant to Section 9.10 (d} of thi? Charter of the Town of Vail, Colorado, I hereby request that the Town Council promptly adapt a resolution to transfer X67,000.00 from the unencumbered balance of $398,000.00 of the Transfer to Debt Service Fund appropriation of the Open Space/ Capita]. Improvements Fund of the 1974 Budget and Financial Plan and to designate said $67,000.00 as a special appropriation for the purchase of two Twin-Coach model TC-25 buses for the Town transportation system. Since ely, i~ Terrell J M ger Town Manage rj ,~i ~ - .~ ~, CERTIFICATE OF DZS~'OSITION OF RESOLL]TTOr1 • IT XS fILREBY CERTIFIED pursuant to the Charter of the Town of Vail., Colorado, Article IV, Sectiar 4.6, that P.esolution No. ~~ , Series of 7.974, to the ariginal of which this certificate is affixed, was duly adopted by the Town Council at its regular meeting on the ~~vday of , 1974, its adoption was authenticated by the signatures of the Piayor and the Town Clerk, and accordingly on the date hereof said resolution was duly recorded in the official records of res~ alutions of the Town of Vail, Colorado. RATES; Vail, Colorado, this /~ day of G~LGL~" '1974. ~G~ Town C7re~r v • RESOLUTION NO. 19 r Series of 1974 A RESOLUTION PROPOSING A COMMUNITY SCHOOLS PROGRAM FOR THE EAGLE COUNTY SCHOOL DISTRICT Re50j AND PRES~;NTING AN OFFER BY THE TOWN OF VAIL TO U~'~liICA`I'E TO 'T'HE DISTRIC`.i' A SUITABLE SITE FOR AN ELEMEN'T'ARY SCii00L IN THE TOWN WHEREAS, the Town Council of the Town of Vail, • Colorado, hereinafter referred to as the "Town", considers that c~x~u~sunity schools are preferred over regional schools by the Town's citizens and residents with respect to the elementary grades; WHEREAS, the overwhelming majority of the citizens and residents of the Town are apposed to the transporting of their young children to regional elementary schools a considerable distance from their homes, often under inclement weather and road conditions, which adversely affects the children and their parents; and WHEREAS, to further the development of a county-wide community schools program the Town is willing to make available to the Eagle County School District Re50j a suitable site within the Tawn for an elementary school having grades K through 6 or K through 4 which would be developed, canstruct~d, maintained, and operated by the District; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Proposing a Community Schools Program and an Elementary School a.n the Town" . .. ,. ,~~ ^' ~ , ... ,.. Section 2. Recommendation for adoption of a community schools program in the Eagle County School ., District Re50j. The Town of Vail, Colorado, recommends that the Eagle County School Board adopt a community schools program in the Eagle County School District Re50j. Section 3. Tawas offers to make available a suitable sits for an elementary school to be located within the Town. In order to enhance the educational opportunity of the children of the county, the Town of Vail hereby offers to make available to the i~agle County School District Re50j a suitable site within the Town far an elementary school having grades K through 6 or K through 4, which would be developed, constructed, maintained, and operated by the District, and the Eagle County School Board could participate with the Town Council, in the selection of the site of the school. Section ~. Effective date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, is 16th day of July, 1974. ATTEST. rP,~:a.~ Tnwn C1Prk 3 CERTIFICATE ~ OF DISPOSITION OF RE;;OLUTxOAI IT IS FiLREBY CERTIFIED pursuant to the Charter o£ the Town of Vail, Colorado, Article IV, 5ectian 4.6, that Resolutaor No, ~~ , Series of 1974, to the original of which this certificate is affixed, was duly adapted by the Town .Council at its regular meeting an the f~~ day of ~~~'~ , 1974, its adoption was authenticated by the signatures of the Mayor and the•Town Clerk, and accordingly an the date hereof said xesolutian was duly recorded in the official records of res- olutions of the Town~of Vail, Colorado. DATE: Vaal. Colorado, this ~~ day of .1974• ~~~ '~'04TT3 X' • ~ ,. , . ~ , RESOLUTION NO. 20 Series of 1974 A RESOL[JTION OF ZN'I'~.~I' TO AN[VE?{ A PORTION OF TH.E BIGHORN AREA TO THE TOWN T!-iROUGH AN ANNEXATION ELECTION 'a WI-~RF~AS, at least ten per cent of the qualified electors, who are resident in and landowners of the area ~.~~~osed to be annexed, to-wit a portion of the Bighorn area, County of Eagle, State of Colorado, descx~~ in Exhibit A attached hereto and made a part hereof, which is situated in a county of less than twenty-five thousand inhabitants, filed a Petition for Annexation Election with the Town Clerk of the Town of Vail, Colorado, on the 2Qth day of September, 1974, requesting the Texan to c.~~.~~nce proceedings for the holding of an annexation election and in the event the proposed annexation is approved in sand election to annex said area by ordinance; WHEREAS, the Town Clerk referred said Petition to the Yawn Council of the Town of Vail, Colorado, hereinafter referred to as the "Yawn", as a c~.~u«anication at the scheduled public hearing on the 24th day of September, 1974; and Wfft:.tte;AS, having received the Petition for Annexation Election, the Town Council of the Town i_s required under The Municipal Annexation Act of 1965, Chapter 139, Ax'ticle 21, Colorado Revised Statutes 1963, as amended, to determine whether said Reti.tion is in substantial canpliance with Section 139-2I-b{2) of said Act and, if so, to then follow the NiweduS`es set forth in said Sections 139--21-7, ].39-21--8, and 139-21-9; N(7t+~T, ~Kr:rvRE, SE 1T RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COTARADO, AS FdLT~nTS Section 1. Title. This resolution shall be known as the "Resolution, of Intent to Annex a Portion of the Bighorn Area". • • Section 2. Petition in substantial ca~pliance with annexation statute. The Petition for Annexation Election is found to be in ~, substantial ~..~~~lian~ with the requi.retr~ents of Section 139-21-6 {2) , Colorado Revised Statutes 1963, as amended. Section 3. Intent to annex a pardon of the Bighorn area. The Town Council hereby expresses the intent to annex a portion of the Bighorn area described in Exh;h~t A hereof to the Town of Vail, Colorado, subject to the procedures set forth in Sections 139-21--7, 139-21-8, and 139-21-9, Colorado Revised Statutes 1963, as amended, and subject thereafter to the approval a£ the p~~N~sed annexation in an annexation election 3Go k?e held in accordance with said Section 139-21-11. Section 4. Public hearing on Petition pursuant to annexation statute. The Town Council of the Tawrl of Vail, Colorado, shall hold a public hearing to determine whether the Petition for Anne~cation Election ~~~lies with Sections 139-21-3 and 139-21w4, Colorado Revised Statutes 1963, as amended, or the applicable portions thereof as may be requited to establish eligibility for annexation under The Municipal Annexation Act of 1965, as amended, said hearing to be held at a special meeting of the Town Council an the 29th day of October, 1974, at 1:00 P.M., in the Municipal Building of the ToRar~. Section 5. Notice of public hearing. The Town Clerk sha11 give notice of the aforesaid public hearing and special meeting in accordance with Section 139--21-7{2}- Colorado Revised Statutes 1963, as a¢nended, Section 4.2 of the Charter of the 'Ibwn of Vail, Colorado, and Section 4 of Ordinance No. I, Series of 1974, of the Town. Section 6. Effective date. This resolution shall take effect upon its adoption. ZNT'F.O?~[7CID , READ , APPROVED , Ai~ID ADOPZ~D , ' s 2 4th day of September, 19'74. ~ a ATTEST: ,- / Mayor l/!" lc~~~~ f 1 ~ Town Clem ~~~ ~. - ! y ` ~~ I±XW I i3 I T A LEGAL. DE=SCR I PT l ON A parcel of land lylnQ In the west I/2 of the northwest 1/4 of Section 18, T. 5 S. it. $D W, of the 5th principal meridian, Eagle Cou:~ty, Colorado and described as: Beginning at the north- vrest corner of sai d Section 18; thence S 89~'S3' 24" tr 247.70 feet along the north line of said Section I8 to the true point of beginning; thence contlnui^g along said north tine S 89'53' 24" E 370.90 f©et to the sou~ti~ern right-of-way line of U.S. Highway 6; thence along Bald right-of-way line on the following courses; S 51°25'24" E~ 736.25 feet, 5 28034'36" 4! 40.x0 feet, 5 6 (025' 24" E 51 . t36 feet to the east I ine of the YJ 112 I~YI I /4 Section I$; thence S 002'00" E 222x.38 feet along said east line to the south line of the north~ti~est I/4 of said Section 18; 'thence a I ong sa i d south I ine S 89037' 00". tip! 126.82 feet to the w©st line of said I/4 Section; thence alone said west line N 00026'00" E 528.27 feet; N OoGO'00" 1409.23 feet; thence . N 90000'00" YI 7.00 feet; thence N 0'00'00" 177.60 feet; thence N 90x06'00" F 7.00 feet; thence N 25~'01'S9" E 585.38 feet to the true point of beginning, a tract of Iand which contains 73.983 acres, more or less. t • ~ TOWN OF VAIL COUI~'I`Y OF EAGLE STA'T'E OF COIARAIX~ r~1~TTTON FOR ANLVF~~ATTON ELECTION TdWN QP VAIL, COLORADO PILDD 9-2Q-~1974~/4:44 P.3~~4. ., ~ ~ ~iwN ~:LD Came nav the undersigned Petitioners pursuant to The Municipal Annexation Act of 1965, Chapter 139, Article 2l, Colorado Revised Statutes 1963, as amended, and petition the Town Council. of the Tawn of Vail, Colorado, to held an election to determine the matter of the annexation of a portion of the Bighorn area, County of Eagle, State of Colorado, described in Exhibit A attached hereto and made a part hereof, to the Tam of Vail, Colorado, and state as follows: 1. At Least ten per cent of the qualified electors, who are resident in and landowners of the area proposed to be annexed, which is situated in a county of less than twenty-five thousand inhabitants, have signed this Petition, recluesting that it be filed with the Town Cler}c of the Town of Vail, Colorado. 2. Tt is desirable and necessary that said Bighorn area be annexed to the Tawn of Vail, Colorado, as pr~..~~NLIy as practicable. 3. All the applicable .~G.~airements of Sections 139--21-3 and 139-21-~, Colorado Revised Statutes 1963. as amended, exist or have been met. 4. The Petitioners are qualified electors, 1"anda+mers, and residents of the area pyW~~sed to be annexed; Section 139-21-21{10), Colorado Revised Statutes 1963. as p,ti~sded, ~.~~,aides that a qualified elector is a resident landowner of the area proposed to be annexed who is eligible to vote under the general election laws of the State of Colorado as evidenced by the rolls of registered voters of the county in which said area is located; and Section 139-21-21(8), Colorado Revised Statutes 1963, as amended, provides that a landowner is the owner in fee of any undivided interest ir. a certain parcel. of land and • . ~ sets .forth other criteria with respect to the ownership of land pertaining to an annexation proceeding. 5. For each Petitioner, his or her signature on this Petition, mailing address, a legal description of the land owned by Petitioner in the area proposed to be annexed, and the date of signing of the Petition are contained in one or .uvi2 pages at~-~~hed hereto and made a part hereof. 6. The Affidavit of the circulator of this Petition is at~-a~hed hexeto and made a part hereof . 7. Aariying this Petition ~~s~ the filing hereof shall be four prints of an annexation map or plat containing the information required by Section 139-21-6 (].) (e} , Colorado Fteva.sed Statutes 1963, as atrnnded, which map or plat is made a part hereof. WHEt~vRE, Petitioners request the Taan of Vail, Colorado, the annexing municipality, to ~~,~n«ence proceedings for the holding of an annexation election and in the event said annexation is approved in said election to annex said area by ordinance. ~_ __.. •_ • EXHIT3IT A LEGAL DESC~t I Pr I ON A parcel of land lying in the west 1/2 of the northwest i!4 of Section 18, T. 5 S. Et. 80 W. of the 6th principal meridian, Eagle Cou:~ty, Colorado and described as: Beginning at the north- west corner of said Section 18; thence 5 89'53'24" E 247.70 feet along fihe north Ilse of said Section l8 to the true point of beginning; thence continui^g along said north #ine S 89~'S3i 24" E 30.90 feet to the sou~~ii.rn right~of-way [ine of U.S. Highway 6; thoncp along said right-cf-way line on the following courses; S 61°2'24" E 736.2a fest, 5 28u34'36" 4~ 40.00 feet, 5 61°25'24" E 51.86 feet to the east line of the V! 1/2 N~a I/4 Section I S; thence S 0°02'QO" ;= 2?_2;;.38 feet a long sa i d east line to the sou~-h fine of the narthti<<est #/4 of said Section i8; thence along said south line 5 89037'00".V~! 1296.82 feet to the west line of said I/4 Section; thence along said west line N 0026'00'.' E 528.27 feet; N Oo00'00" 1404.23 feet; thence . N 90°00'00" 1~1 7.00 feet; thence N 0°00'00" 177.00 feet; thence N 90000'00" it 7.00 feet; thence N 25°Ol'59" E 585.38 feet to the true point of beginning, a tract of land which contains 73.983 acres, more or lass. i ~ ,~ STGI~TATC3RE PAGE ~~ ' ~ <. PETTTIONF.E2 Name llof //P~~eti.ti.on~erJ : ^ ,/~ (Print first name, middle initial, and se~xname) Mailing address of Petitioner: X30 ~c y Ste. (P.O. Box rnur~er or other address) Vail, Colorado 87657 Lega3. description of a parcel of land c~~ed by Petitioner in the portion of the Bighoxn area proposed to be annexed: S~ 7 ~t1, VII ~J ~.~...~ ~ ~ U~ (T.~at num~r, block nimiber, and subdi~~ision or other description? Date of signing of Petition: z.~ ~47~ {Print nth, day and year) L (Signature o Petitioner) STATE 0F' COIARADC7 ) } S5: CO[3AT.I'Y OF EAGLE } Subscribe3 and sworn to before me this day of Se teznber, 7974. i~i~'~:~' t'UF3LTC State of Colorado, County of Eagle :~~ Cc'x~~'tission expires ; ~ ~d "~~~ • • SIGNATCJRE PAGE FQR FE'Y'ITTQI~ER Name of Petitioner: rr ~ ~ ~v (Print fame, mic~d~.e itial,, and surname) Mailing adr]ress of Petitioner: .0. Bo number br other address) Vai.]., Colorado 81057 Legal description of a parcel Df land aimed by Petitioner in the portion of the Bighorn area proposes. to be annexed: ~~ f ... - ~ ~,~ Lot number, block number, ands va~sian or other descriptoon ) Date of signing of Petition: Pxin month, dad ana year) _~ (Sl LlY'e Df PetitiDner) ~~ STATE OF CQIAR~IDO } ) SS: COUNTY QF EAGLE } S~bscro_bed and sworn to before me this Zo day of September, 197. NOTF~Y PUD~,IC S.a;..e of Colorado, County of Eagle My C:xtxrissi.on exposes: ~'~.~ "~~ • . ~ SIGNATiJRE PAGE FC}R PEi ITIONER Name of Petitioner: ~ (Print f i~f name, middle initial, and surname) Mailing address of Petitioner: ~~ax /~ 3~/ (P.O. Rox number or other address) Vail, Colorado 81657 Legal description of a. parcel of land owned by Petitioner in the portion of theLB'ighorn~ a/rea proposed tv, be anneyxed L. d .~ ~ . s7 C 4 i/~~- ~ !~ ~~ .C Lat n~unber block number and subdiv~.sian or other ( ~ , description) Date of signing of Petition: (Print month, day and year) t {Signature'of Petitioner} STATE of COLORADO ) } ss: eovNx~ or ~.AGLE } Subsc~ and sworn to before me this KG,~_day of Sept , 1974. NOTARY PUf~LTC St~c~:e +~f Colorado, County of Eagle 1~! C~4-~ission expires: 4 `,ZC~"`~' • • SIGNA'IUI2E PADS FOft PET~TTONER Name off' "•~i~.tioner ~hQ~l-Ya~S ~ J~1~,~~1 (Print f~ asst name, middle initial, and surnam+a) Mailarg address of Petitioner: ~ou ~~~ (P.O. Box number a~ other address) Vail, Colorado 81657 Lc-~a]. description o£ a parcel of land aamod by Petitioner in the portion of the Bighorn area proposed to be annexed: ~3~5~ i Ai 1~l ~AC~p'.t V~:" ~' .~ (Lat number, bl number, and stbdivision or oth description) Date of signing of Petition: (Print mirth, day and year) G~/. _. ,~ ignature of Petitioner) STATE DE' C4IAR~~DD ) ss: CDUNTY DF EADLE } Subscr~ and sworn to before me this day of September, 1974. NOTARY Uf3LIC :~tr~te of Cal.orado, County of Eagle MY C^.:mii.; sion expires ; ~ ~,j ~ '~ • SxGNATURE PAGE FOR PETITIONER Name o~ Petitioner: (Print f ice',: name, mi. e initial, acid surname) Mailing address of Petitioner: wok ~~ (P.O. Bcx nt~r~Y~er. or other address) Vail, Colorado 81b57 T.,egal description oi' a parcel. o~ ].and oth~ned by Petitioner in the portion of the BigYiozn area proposed. to be annexed: (Lot number, b:Loc)c ntmtber, and s~~~~v~sion or other description) Date of signing of Petition: ~P'~'" ~- 19 ?4 (Print mranth, day and year) t a h (Si afore of Petitioner) STATE 0~' COiARApO ) ss: COUNTY' OF FPS=r.~' } Stiibscribed and sworn to before me this ~o~ day of Se ember, 1.974. ~~]UTF Y Pi.~LIC SLate oi" Colorado, County o£ Eagle My Commission expires: ~"~ •'77 ~ ~ ~~ s~ccn~~ PACE FoR r~:rlTZON~ Name of Petitioner: (Print f i~t name, middle initial, and surname} Mailing address of Petitioner: '8o x Q~ 1 (P.O. Aax number or other address) Vail., Colorado B1657 Legal description of a parcel of land owned by Petitioner in the portion of the Bighorn area proposed to be annexed: {tat yzvrt~r, block r,Lm~ber, and subdivision or other d~:scription) Date of signing of Petition: ~P ~ Z.0 . t~4 Pr~,nt rrr~nt.~: , day wand year } {Signature o~ i~etx 'oner)v STATE QF COTARI~,DO ) ss: C~'Y QF FAGLE ) S~,ibscribed and S~L~. to before me this D day of Se tember, 1974. Y PikiL1C Stp.~: cif Colorado, County of Eagle P~~ Can~~ission expires: p~~-~1 AFFIDAVIT STA'L'E OF COLpRADO } } ss: CbLR~i'Y C~' gpr_r,F } I, RC)}BART C. V4L~•a•xac, being by me fixst duly sworn, deposes and says that he is the circulator of the Petition for Annexation Election to which this Affidavit is attached and to the best of his knowledge and belief every signature on the Petition ~.s the signature of the ~.~,.son whose nay it purports to bE. w f..-• - ROH~',RT C . VC:~STII? Su]~scribed and sworn to before me this day of ept~berr 1974. PUBLIC St~~te of Colorado, County of Eagle^^ MX C~11~51on expires: ~~~ " down o~ uaii box 100 nail, Colorado 81657 (303! 476-5813 dawn Council 7.bwn of Vail, Colorado P . 0. &~ 100 Vail, Colorado 81657 ., i office of the town manager Septeit~ber 24, 1974 Re: Petition for Annexation Election Councilpersaz-is A Petition for Annexation Election filed with me on September 20, i9?4, requesting that a ~.~Lion of the Bighorn area, County of Eagle, State of Colorado, be annexes to the Tcxrm of Vail, Colorado, is herewith ref~..~G3 to the 'I~bwn Council as a cu~.~~anication in accordance with Section 1.39-21-6{2){e), Colorado Revised Statutes 1963, as amended. Sincerely, ~~ ~` l~salie Jeffr y 7.b~,m Clerk ~ ~ ~ ~ CE3ZTIFICATE OF 3~ISPOSITION OF ~2EilOLUTION IT IS kILREBY CERTxFIED pursuant to the Charter of the Town of Vail, Colorada, Article IV, Section 4.6, that Resolution No. ~ , Series of 1974, to file original of which this certificate is affixed, was duly adopted by the Town Council at its ,uee~~eeting on the ~~~ day of 19.74, its adoption was authenticated by the signatures of the A~ayor and the Town Clerk, an'd accordingly on the date hereof said resolution was duly recorded in the official records o£ res- olutions of the Tow_i of Vail, Colorado. r~~ DATES : Vail, Colorado, this ~~~ day of ~~' ~v~-C• ,19 74 . Town Clet~1`k l r_ ~~ A y!• F:. k w ~~ ~~ x ~* C ~. Q. g o ~~ o O q. Q d C '~. ~y fD M .~ G ~ ~' 3 ~. I"' a ~e °.». 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WNa A.. d ~ s .~ '.~~~~o ~ ::S~o~~ ; .,, a •• trt D ~~~° ~{:: :~- o ya O ~~~.Nm a w. ~~~;os m „ q~ m ~~ ~d~ .~ R~~~II~mn~ 35 RESOLUTION NO. 21 Series of 1974 A RESOLUTION COMMENDING ALBERT GERHARD (GERRY) WHITE, COUNCILMAN OF THE TOWN OF VAI L, COLORADO WHEREAS, Albert Gerhard White, known as Gerry White, was elected to a two-year term on the Town Council of the Town of Vail, Colorado, his third term on the legislative and governing body of the municipality, on the 20th day of November, 1973; WHEREAS, while riding a bicycle on a trip from Vail to Aspen, Colorado, on the 31st day of August, 1974, Gerry White was struck by an automobile and critically injured; and WHEREAS, although Gerry White is still hospitalized in Denver, Colorado, the Town Council is informed that his condition is gradually improving and there is a favorable prognosis for an eventual recovery; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAI L, COLORADO, AS FOLLOWS: Section 1 . Title . This resolution shall be known as the "Resolution Commending Councilman Albert Gerhard (Gerry) White". Section 2. Commendation. The Town Council hereby commends Albert Gerhard (Gerry) White for his competent, diligent, and unselfish public service in behalf of the Town of Vail, Colorado, and its citizens, inhabitants, and visitors as acurrently-elected councilman, his previous service as a member of the Board of Trustees, Planning Commission, and Home Rule Charter Commission, and his other service on the boards of the Vail Metropolitan Recreation District, Vail Water and Sanitation District, and Vail Resort Association . Section 3 . Effective date . This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 1st day of October, 1974 . Mayot^ ATTEST: ~ Town C ler~~~ ~ ~ ~ ~! ~' CiaRTIFICATE OF DISPOSITION QF F~SO,r.,UTa.ON IT IS HLREi3Y CERTIFIED pursuant to the Charter of the Town of Vail, Colorado, Article IV, Section 4.6, that Resolution No. ~ I , Series of 1974, to the original of which this certificate is affixed, was duly adopter: by the Town Council at its regular meeting on the ~~ day of ~~,~~.{~ , 3.974, its adoption was authenticated by the signatures of the Mayor and the Town Clerk, and accordingly on the date hereof said resolution was duly recorded in the official records of res- olutions of the Town of Vail, Colorado,. ~~_®®,~~~ DATES ; Vail, Colorado, this. 3~ day of ~~~77z[.(/L-' ,1974. . ~~w""r . .T~wn C_ ~ .. RESOLUTION NO. 22 Series of 1974 A SECOND RESOLUTION REGARDING THE PROPOSED ANNEXATION OF A PORTION OF THE BIGHORN AREA TO THE TOWN THROUGH AN ANNEXATION ELECTION WHEREAS, at least ten per cent of the qualified electors, who are resident in and landowners of the area proposed to be annexed, described in Exhibit A attached hereto and made a part hereof, which is situated in a county of Less than twenty-five thousand inhabitants, filed a Petition for Annexation Election with the Town Clerk of the Town of Vaii, Colorado, hereinafter referred to as the T'Town", on the 20th day of September, 1974; WHEREAS, in a public hearing or. the 24th day of September, 1974, the Town Council of the Town considered said election petition and found it to be in substantial compliance with the requirements of Section 139--21-6(2), Colorado Revised Statutes 1963, as amended, and enacted Resolution No. 20, Series of 1974, which set a second public hearing on said election petition at a special meeting of the council on the 29th day of October, 1974, at 1 :00 P . M . , in the Munici- pal Building of the Town; and WHEREAS, the Town Clerk gave notice of the public hearing on said election petition to be held on the 29th day of October, 1974, at 1:00 P. M. , in accordance with Section 139-~21-7(2), CRS 1963, as amended, received proofs of publication of the required notices, and attached the certificates of publication of the newspaper to said Resolution No. 20; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCI L OF THE TOWN OF VAI L, COLORADO, A5 FOLLOWS: Section 1. Title. This resolution sha[L be known as "Resolution #2 Regarding Pro- posed Bighorn Annexation Through an Annexation Election" . ~ ~ ~ , Section 2. Findings of fact. On the basis of competent evidence presented in the public hearing on the petition for annexation election on the 29th day of October, 1974, at 1;00 P.M., the Town Council of the Town of Vail, Colorado, finds and determines as follows; A . At least one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Vail, Colorado, the annexing municipality; the area proposed to be annexed is described in Exhibit A hereof and shown on the Annexation Plat which is incor- porated herein by reference and made a part hereof. B. A community of interest exists between the territory pro- posed to be annexed and the annexing municipality; the territory pro- posed to be annexed is urban; and the territory proposed to be annexed is integrated or is capable of being integrated with the annexing munici- pality. C. Fn establishing the boundaries of the territory proposed to be annexed there was no division of any parcel of land therein held in identical ownership. ©. The territory proposed to be annexed does not include an area of land held in identical ownership that consists of twenty acres or more which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars for ad valorem tax purposes in 1973. E. No annexation proceeding concerning any part of the territory proposed to be annexed has been commenced by another municipality. F. Pursuant to the Petition far Annexation Election which was filed with the annexing municipality, an annexation election is required to determine the matter of the proposed annexation. 2 .. • Section 3. Conclusions and determinations. Based on findings of fact set forth in Section 2 hereof the Town Council reaches the conclusions and makes the determinations as follows: A . The requirements of the applicable parts of Sections 139- 21-3 and 139-21-4, Colorado Revised Statutes 1963, as amended, have been met with respect to the proposed annexation. B. The Annexation Plat which is incorporated herein is approved and shall be executed by the Mayor and the Town Gierk. C. An annexation election without the imposition of additional terms and conditions is required to determine the matter of the proposed annexation under Section 139-21--6(2), CRS 1963, as amended . D. The Town of Vail, Colorado, shall forthwith file a petition in the Districfi Court in and for the County of Eagle, State of Colorado, requesting the court to appoint three commissioners to call and hold an annexation election to determine the matter of the proposed annexation in accordance with Section 139--21-1 1 , CRS 1963, as amended, and after the election, if the majority of the votes cast is in favor of annexa- tion, to enter an order that the territory proposed to be annexed may be annexed by the Town by ordinance . Section 4. Effective date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVE©, AND ADOPTED, this 29th day of October, 1974. 1 L~ ,~ ATTEST Town Cl 3 • ~ •:. ' EXHTBTT A LEGAL DESCRIPTION A parcel of land lying in the west 1/2 of the northwest 1/4 of Section 18, T. 5 S., R. 79 W. of the 6th principal. meri- dian, Eagle County, Colorado, and described as: Beginning at the northwest corner of said Section 18; thence S 89°53' 24" E 287.7.0 feet along the north line of said Section 18 to the true point of beginning; thence continuing along said north line 5 89°53'24" E 370.90 feet to the southern right- of-way line of U.S. Highway 6; thence along said right-of- way line on the following courses; S 61°25'24" E 736.25 feet, 5 28°34'36" W 40.00 feet, S 61°25'24" E 51.86 feet to the east line of the W 1/2 NW 1/4 Section 18; thence S 0°02'00"" E 2223.38 feet along said east line to the south line of the northwest 1/4 of said Section 18; thence along said south line S 89°37'00" W 1296.82 feet to the west line o~ said 1/4 Section; thence along said west line N 00°26'00" E 528.27 feet; N 0°00'00" 1409.23 feet; thence N 90°00`00" ~~ 7.00 feet; thence N 0°00'00" 177.00 feet; thence N 90°00'00" E 7,00 feet; thence N 25°01'59" E 585.3$ feet to the true point of beginning, a tract of land which contains 73.983 acres, more or Tess. r 4 s CERTIFICATE OF DISPDSITIDN OF RESOLUTION IT IS HEREbY CERTIFIED pursuant to the Charter o~ the Town of Vail, Colorado, Article IV, Section 4.6, that Pesolution No. ~°2 Series of 1974, to the original of which this certificate is affixed, wasr~duly adopted b the Town Council at its 'Y meeting on the o[~,~ day of , 1974, its adoption was authenticated by the signatures of the Mayor and the Town Clerk, and accordingly on the date hereof said resolution was duly recorded in the official records off' res- olutions of the Town of Vail, Colorado. DATES: Vail, Colorado, this ,~~ day of ,1.914. t Town C / 1 RESOLUTION N0. 23 Series of 1974 A RESOLUTION REGARDING THE REPLACEMENT OF THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL, COLORADO WHEREAS, Section 1..202 of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Cola- rado, as amended, incorporated and adopted the Official Zoning Map as a part of the ordinance; and WHEREAS, due to various changes in and additions to the Official Zoning Map which render it difficult to use, interpret, and reproduce, the Zoning Administrator has recom- mended to the Town Council that said map be replaced in accordance with Section 1.204 of the Zoning Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL. OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the '°Resolution Regarding Replacement of Official Zoning Map". Section 2. Provisions Satisfied. The provisions in Section 1.204 of the Zoning Ordi- nance warranting replacement of the Official Zoning Map have been satisfied. Section 3. Replacement of Official Zoning Map; Adoption of New Official Zoning Map. Pursuant to Section 1.204 of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, the Town Council hereby replaces the Official Zoning Map through the adoption by this resolution of a new Official Zoning Map incorporated by reference herein which shall supersede the prior map, said new Official Zoning Map being identified by the signature of the Mayor, attested to Tow erk, De ty ~ , • Res. 23, 1974 Page 2 by the Deputy Town Clerk and bearing the Seal of the Town, and being dated the 19th day of November, 1974. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 19th day of November, 1974. ATTEST: Deputy To n C1er~-' Mayor ,. RESOLUTION NO. 24 Series of 1974 A RESOLUTION CONCERNING THE IMPLEMENTATION BY 7HE TOWN OF HOUSE BILL N0. i041, AN ACT CONCERNING LAND USE ENACTED BY THE 1974 GENERAL ASSEMPLY OF THE STATE OF COLORADO WHEREAS, House Bill No. 1041, entitled "An Act Concerning Land Use, and Providing for Identification, Designation, and Administration of Areas and Activities of State Interest, and Assigning Additional Duties 3 to the Colorado Land Use Commission and the Department of Local Affairs, and Making Appropriations Therefor", was enacted by the General Assembly of the State of Colorado on the 77th day of May, 1974; WHEREAS, House Bill No. 1041 amended Chapter 106, Colorado Revised Statutes 1963, as amended, by the addition of Article 7 and amendments to Articles 3 and 4; WHEREAS, Section 106-7-101(1)(c}, GRS 1963, as amended, provides that "It is the intent of the general assembly that land use, land use planning, and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the environment of the state"; WHEREAS, Section 106-7-101(2), CRS 1963, as amended, states that "It is the purpose of this article that: (a) The general assembly shall describe areas which may be of state interest and activities which may be of state interest and establish criteria for the administration of such areas and activities; (b) Local governments shall be encouraged to designate areas and activities of state interest and, after such designation, shall administer such areas and activities of state interest and promulgate guidelines for the administration thereof; and (c} Appropriate state agencies shall assist local governments to identify, designate, and adopt guidelines for administration of matters of state interest"; Town~Cl k Res4 .~~n No. 24, 197 Page WHEREAS, Section 106-7-405{1), CR5 1963, as amended, requires ., each local government in the State of Colorado to file a report on the progress made by it toward designation and adoption of guidelines for administration of matters of State interest with the Colorado Land Use Commission not later than one hundred eighty days after the effective date of Chapter 106, Article 7; WHEREAS, Section 106-7-404, CRS 19fi3, as amended, specifies that a Tocal government shall hold a public hearing before designating an area or activity of State interest and adopting guidelines for the administration thereof, said hearing to be held pursuant to a notice published once at least thirty days and not more than sixty days before the hearing; and WHEREAS, State appropriations of $2,075,000.00 to the Department of Local Affairs to be allocated to assist counties and municipalities to im- plement the provisions of Section 106-3-9, CRS 1963, as amended, and an appropri- ation of $300,000.00 to provide assistance pursuant to Section 106-4-5, CRS 1963, as amended, shall be available during the State fiscal year, the 1st day of July, 1974, through the 30th day of June, 1975; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COl1NCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Concerning Implementation of House Bill No. 1041". Section 2. Intent of Town to Implement State Statute; No Intent To Diminish Town Power. The Town Council hereby expresses the intent of the Town of Vail, Colorado, hereinafter referred to as the "Town", to act in an appropriate manner within a reasonable time to implement the applicable provisions of Chapter 106, CRS 1963, as amended, and to obtain a reasonable share of the current State appropriations allocated therefor from both the State of Colorado and the County of Eagle by the 30th day of June, 1975, and a reasonable share of said ToLvn 1 erk • Reso. ~n ~o. 24, 1974 ~ Page State appropriations for subsequent years; provided, however, that the Town does not intend to diminish its power, authority, or rights regarding the land and water within its corporate boundaries through the implementation of said State statute. Section 3. Filing of Progress Report. Pursuant to Section 106-7-4051), CRS i963, as amended, the Town Council hereby directs the Town Manager to file promptly the report of the Town on the progress made by it toward designating areas and activities of State interest and adopting guidelines for the administration thereof with the Colorado hand Use Commission, which report is incorporated by reference herein and made a part hereof and a copy of said report shall be maintained in the Town records of resolutions. Section 4. Request for Assistance from State. Pursuant to Section 106-7-403, CRS 1963, as amended, the Town Council hereby directs the Town Manager to request within a reasonable time technical and financial assistance and recommendations from the Department of Coca1 Affairs of the State of Colorado and other appropriate State agencies con- cerning the designating by the Town of matters of State interest and its adopting guidelines for the administration thereof. Section 5. Request for Assistance from County. pursuant to Section 106-3-9, CRS 1963, as amended, the Town Council hereby directs the Town Manager to request within a reasonable time technical and financial assistance and recommendations from the Board of County Commissioners of the County of Fagle, State of Colorado, concerning the designating by both the County and the Town of matters of State interest and their adopting guidelines for the administration thereof, said designations and guidelines to be adopted separately by the County and the Town. ryy Towns erk Res, . ~fi ~ No. 24, 197 ~ Page 4 ~ A Section 6. Public Hearing Regarding Designations and Guidelines. Pursuant to Section 106-7-404, CRS 1963, as amended, the Town Council hereby directs the Town Manager to determine within a reasonable time an appropriate date, time, and place for a public hearing concerning the designating by the Town of matters of State interest and its adapting guidelines for the administration thereof and to have a notice of said hearing published once in a newspaper of general circulation in the Town at least thirty days and not more than sixty days before the hearing. Section 7. Effective Date. This resolution shall take effect upon tits adoption. 1974. ATTEST: INTRODUCED, READ, APPROVED, AND ADOPTED, this 3rd day of December, r Town Clerk(/' / 7 coLaRADO LAND usE co3~~~1I5sIC`~~ HOUSE BILL 1041 REPORTING FORM SECTIOf~ I - ADP1If~,~ISTRATION 1. Name of the county or municipality: Town of Vail, Colorado 2. Person preparing this report: Name: James F'. Lamont - Title: Director of Community ~~. >:~lopment Address: P, O. Box ]00; Vail, Cc~ rado 81657 Phone Number: 303-4765613 3. Has a "land use administrator" been designated? Yes (a) This designation involves a part-time commitment. (b) This person is not an outside consultant _ 4. "Land Use Adrn-inistrator's" Name: Same as "2" above 5. Brie` description of backgound (education and/or experience)of the "land use administrator" (a) B.A. - Sociology - University of Colorado {b) ~'I.A, - Urban Regional Planning, Community Development - University of Colorado (c} Administrative Assistant to Town Manager, Town of Vail, June 1, 1974 - July 1, 1974. {d) Director of Community Development, Town of Vail, July 1, 1974 to present. 6. A comprehensive master plan is under development. The following major el;::rents "ave been adopted: These were all adopted September 25, 7973. (a) Transportation {b} Open Space (c} Land Use (cS) Recreational Rmenities {f) Landscaping (g} Capital improvement 7. Comprehensive zoning regulations and maps have been developed and adopted by the Town of Vail. 8, Not Applicable. 9. If a Municipality: (a) Eagle has been contacted regarding the implementation of an identification and designation program under H,B, 1041. (b) If, yes. (1) Nature of the communication -~ written (?.) The agreement reached, if any is - verbal - (3) Is the County implementing the agreement? Don't know. {4) Sriefiy describe the staff and/or financial commitments made by the municipality toward implementing an identification and designation program under H, B. 1041 within the municipality.• See Section III and Work Program. •~. - 10. ado Federal or State agency, local government, regional organization, interest groue or individual has requested our jurisdiction to designate a "fatter of State Interest". 1 SL~'TION II - MATTERS DF STATE INTEL 1, Local government has requested ::.~~! received technical assistance from state agencies, federal agencies, ac::~~=~~mic institutions (a} Environmental Protection l~,g~ncy (b) Assistance in sewer plant operation (c} Operational analysis and improvement study (d) No cost to the municipality 2. We have received the State guideline information relating to the following Matters of State Interest: (a) Flood Plain (b) September 1974 (c) None (d} Will need modification (e} No a) Geologic hazard Area Control Regulation b September 3974 c~ Meeting (d} Will need modification (e) No (a) Wildlife Habitat and Shorelands b) October 1974 c) None (d) Wi71 need modification (e) No (a) Wildfire Hazard Areas b} October 1974 ~c} None (d) Will need modification (e} No (a) New Comrnunities ~b) October 1974 c None (d) Will need modification (e} No (a) Rapid or N~ass Transit ~b) October 1974 c) None (d) Will need modification (e) No 3. The following are the State agencies we view as being most important as a source of technical assistance for the near--term; (a} Colorado Department of Health (b) Colorado Geologic Survey (c) Soil Conservation District (d} State Forest Service (e} Water Conservation Board 4. The exemptions in H.B. 1041, as they apply to our jurisdiction, do significantly limit the usefulness of the Act. Exemptions should only be granted for structures under construction at the time 1041 was adopted. New land use knowledge must always override bad land use decisions that we made with insufficient information. SEE QUESTIONNAIRE FOR QUESTIONS 5 and 6 r2r ' ~ y ' I ~ N L L b J-. d Gl VI J-+ L 5. In Column 1, rank the following Areas and ~ ro ,C m o Activities according to the degree of importance v v ~ ,~ m'E ~ ~ to your local government. Use ~1 for the most ~ ° v ,~, ~, ~ ~ „ fm orient etc. Onl rank the u u m .~ ~, P ~ y $ most important. ,°' c ~ ° ~ "; o G i w o o a a~~ rnm.- 6. in Columns 2 through 5, indicate the number •- •- ... ,, ~ of Areas or Activities being addressed by inserting o v ~ m o N o ' c v ` ~ numbers in the appropriate column. (See ~ ~ ~ - •`-' v nr :_, ~ M~'N y ,o ro m ~ Enstruct ion sheet for examples. ) •- a c .- a c c o c F ~, mo o rs ;°, ..e ~ ~ ++ -- E en L ~ en ~..... a, .- ro ~ a ~ c a - ~ «~.._ ~ c v, ~ u m ~ ~ ro c v v o o aNi c o~ o v°~ " 6.1 -- V CJ L~ w tJ p V L ~+ O N A. Areas of State interest (1) (p)~ 4~ (5) 1. ,Mineral resource areas 1 2. Nature} hazard areas a. F}oodplains ~ i 3 b. Wildfire hazard areas ~ ! c. Geologic hazard areas ~ 2 5 1 ~ 3. Areas containing or having a significant impact on the fol}orring resources of statewide importance a. Historical b. Natural ~ ~ ! c. Archaeological ~ ~ !{ 11. Areas around airports 5. Areas around major facilities of public utiliti4s 6, Areas around interchanges involving arterial highways 7. Areas around rapid or mass transit terminals, stations, or fixed guide- ways B. Activities of State Interest 1. 51te selection and construction of major new domestic water systems E major extensions of existing domestic water systems. 5 3 1 2. Site selection and construction of major ~ new sewage treatment systems and major extensions of existing sewage systems, J. Site selection and development of sa n d - waste disposal sites. ~. Site selection airports. 5. Site selection of rapid or mass transit 3 ~ ~ faciliEies 6. Site selection of arterial highways and i interchanges and collector highways ! 7. Site selection and construction of major facilities of a public utility, 8. Site selection and development of new communities 9. Efficient utilization of municipal and industrial water praJects + 10. Conduct of nuclear detonations SEE ATTACl~ED SHEETS ~'OR Qt~ESTTOH5 7 - 70 Answer the questions below only for each Area or Activity with numbers in Columns ~ (designation in process) or y (designation competed) on the preceding chart. Attacit additional sheets, if necessary. 7. Title of the Matter of State interest: 6. Which State agencies assisted you and what was the nature of the assistance? 9. What other assistance did you use in addressing this Matter of State interest (for example: Federal agencies, academic institutions, professional organizations)? 10. Estimate that portion of your budget which was required to effectively deal with each Matter of State Interest, thus far. - 3 - 7. ~ ~.:~ of the Matter oi' State Interest: Flood plain ~!~) Avalanche areas (c} Water system improvements (d} Sewer system improvements 8. The following State Agencies assisted the Town of Vail as follows: (a} Flood plain - Water Conservation Board ' (7} The 9~later Conservation Board funded 2/3 of the cost of the study. Further, the Board assisted in reviewing and provided guidelines for study proposal. (b) Avalanche areas - No State Agency involved. (c} Water system improvements - Na State Agency involved. (d) Se+rrer System Improvements - Colorado Department of Health (1} The Department of Health funded the total study., The study identified several alternatives available that would improve river water quality by upgrading sewer treatment facilities. 9. Other assistance used in addressing F~iatters of State Interest; (a} Flood plain -- HydroWTriad, Ltd, ~ Consultant under contract to complete study, - (b) Avalanche areas - National Aeronautical and Space Administration, Univer- sity of Colorado's Institute for Arctic and Alpine Research. (1} NASA funded the study and Instaar did field work, analysis and prepared the report. (c} ~ao~~ra~~stem improvements -~URS/Ken R. 4lhite Company - Consultant under with Town of Vail to complete study. (.d} Sewer system Improvement - Nelson, Haley, Patterson and Quirk, Inc. - Consu1tant to Colorado State Department of Health to complete study. 10. The fo11o>rring is an estimate of the portion of Town of Vail budget required to deal effectively with each Matter of State Interest thus far; (a) Geologic Hazard areas ~ $ 3,000 (b) Flood Plain control 7,225 (c} Mass Transportation Capital Improvements 5.7 Million dollars Planning 17,000 {d} Master Planning 90,000 (e} Air Quality improvement 1,200 (f} Erosion Control and Revegetation 30,000 (g} Water and Sewer District Consolida- tion 47500 (h) River dater Quality Improvement Program 50,000 ~i Wildfire Control Program 1OP000 J ~ ~i1dlife Preservation 20,000 ~~~ ' ~ ~ k SECTION III -- 1~ORK PLAN, T1P4ETABLE, ANi) BUDGET A. WORK PLAN 1} Nos a local work plan been developed? Yes. If the work plan has been adopted, who took the official action? City Council; Planning Cc.~~~nissian. 2} Were the work plan guidelines prepared by the Deparment of Local "'~"~airs> Division of Laca] Planning, useful in the preparation of your p1t. i~o. 3) If a municipality, is your work effort included in a county work i~ian? Yes. B. Ti~tETABLE 1} Not Applicable 2) If a municipality, attach an estimated timetable for the completion of an identification and designation program, {if possible). Please see attached Work Program. C. BUDGET 1) Plat appl icab]e 2} If a municipality: a} Estimate the staff time and money spent on implementing Ef.6. 1041 up to November 1, 1974. It is impassible to estimate the number of man hours expended by the Town of Vail staff implementing H.B. 1041. h1any of the areas provided for in H. B. 1041 are part of the Toti~rn's ongoing Planning process that were in existence prior to the adoption of the legislation. Please refer to the attached Work Program for estimates of the total funds spent as of November 1, 1974 for planning areas which the Town of Vail has designated as falling within the perview of ~i. B, 1041. The total dollar value represents the total dollars expended exclusive of the funding source. b} Do you need State funding to implement N. B. 1041 in the next fiscal year? Ves. Amount necessary - W14,GO0. Probable use of .funds: The 7•own"of:Vail would expend these funds to add a full-time land use administrator to its staff, The responsibility of the land use ad- ministrator would be to coordinate all planning programs provided for in the Town of Vail's H. B, 1041 work program.' Further, the adminis- trator would draft enabling legislation, supervise and administer the variety of applicable State and local guidelines that will be adopted by the municipality. 3) Nas an examination of your local government's need for N. B. 1041 supplemental planning funds been made? Yes, Please see attached work program. 4} Nas a formal (written } request been made to the State Department of Local Affairs for a portion of the H. B. 1041 supplemental planning funds? Yes. Copy attached. The fallowing Work Program outlines those planning considers to be matters of State concern. Included is and capital improvement projects currently underway in approximate time tables for completion of each plannin! that are being requested from the State of Colorado to process, are included. areas which the Town of Vail a brief summary of planning each subject area. Further 1 area, as well as funds supplement local planning ~5~ ~ ~ r WORK PROGRAM I. GEOLOGIC HAZARD AREA The Town of Vail in cooperation with the Institute for Arctic and Alpine Research, under the auspices of a NASA and Town of Vail grant in the summer of 7973, conducted an intensive avalanche identification study in the Bighorn area. The level of information produced by this study has provided the municipality ~;ith the basic knowledge to limit and control development within the confines of knovrn avalanche paths. Further, engineering and research work is underway to determine the structural modifications that would allow ce-~tain types of structures to be located in avalanche areas of low farce impact and low probability of occurrence. Extensive work remains to be done in the identification of rock fall, mud slide and land slide areas. It is the Town of Vail 's intent to designate these hazard areas as being of State interest. A study is underway at the present time of the State`s proposed "h1odel Geologic Hazard Area Control Regulations". The Town of Vail views the adoption of these regulations as a matter of extreme urgency; however, State technical assistance will be necessary to properly locate and define the above-mentioned hazard areas. The Colorado Geological' Survey is currently developing a proposal that -~ril7 focus on geologic hazard identification within Eagle County. A. Timetable for Geologic Hazard Program Designation Process: In progress Completed Rules and Regulations Adopted Begin January 1, 1975 October 15, 1975 December 30, 1975 B. Estimate of T9oney Spent to Date (1} Avalanche (2) Other Hazards $13,000,00 25,000,00* *Propasal from Colorado Geological Survey to Eagle County C. State Fund Request - Yes (1) Amount necessary $ 4,000,00 (2) The Town of Vail will use kiB 1041 supplemental planning funds to supplement a proposed Eagle County-Colorado Geological Survey Plan- ning Study to identify hazard areas within Eagle County. The Town wishes to emphasize the Gore Valley portion of the study because of the pressune for development within and adjacent to suspected hazard areas. Secondly, these funds will be used for legal consultants to provide supplementary regulations beyond .those provided by the State far existing land use control regulations. II. FLOOD PLAIN CONTROL The Town of Vail, in conjunction with the Colorado Water Conservation Board, is currently conducting a flood plain analysis, The flood plain study includes the entire eleven miles of Gore Creek from the base of Vail Pass to Dowd Junction. It is the intent of the To-~rn of Vail to adopt the "~~iodel E'lood Plain Regulations" once the flood plain analysis is completed. A. Timetable Designation Process: In progress October 1, 1974 Completed March 1 , 1975 Rules and Regulations Adopted October 1, 1975 -7s ~~ t3. Wtoney Spent to Date (1) Town of Vail Funds $ 7,225 {2) State Funds ~ ~6,~425 $23,640 C. Need for State Funds -- No. IIi. ~1ASS TRANSPORTATIO~i PLRNN3NG The Town of Vail currently operates a bus system between the commercial cores of Vaii Village and I.ionshead. The system is being expanded on an experimental basis to include residential areas within the Town boundaries. The purpose of the mass transit system is to discourage the movement of automobile traffic within the Gore Valley. The success of the present bus system is supported by the fact that 150,000 riders per month during the peak skiing season utilized the bus system. The municipality has been faced far several years with an extreme parking and traffic congestion problem. Further, the dramatic increase in development has caused the beginning of an air pollution problem within the Gore Valley. Toward resolving these problems, the following steps have been taken: A. A 5.5 million dollar parking structure with a capacity of approximately 1,000 parking spaces was completed on s~ovember 27, 1974. B. A pedestrian mall program is underway to limit vehicular access to a significant portion of the existing high density areas. C. A transportation terminal is under construction that will encourage the greater use of mass transportation from the Denver metro area. D. A preliminary transportation master plan has been prepared and adopted providing for multi-level transportation system throughout the Vail area. E. An air pollution monitoring program has been initiated to determine the extent and sources of air pollution. Secondly, construction is underway to provide a community-wide notification system that will allow the muni- cipa]ity to restrict fireplace useage. 1='urther work needs to be done in this area, which krill be evidenced in a later section. F, The Town of Vail, in conjunction with Eagle County, has hired a staff-level transportation planner to expand the scope of the existing local mass transportation program to a regional system. The transportation planner's responsibility will be to deve]op a comprehensive transportation plan for the Upper Eagle Valley. The plan will include proposed routes, hardware, management system, support faciiities~ capital improvements program, market surveys and funding sources. These will be completed by early Fall 1975 with the first phase of implementation beginning in 1976. Because of the multiple governmental jurisdiction, it is necessary that this program be designated as a matter of state interest, G. Timetable far Regional Transportation Plan: Identification Process; in progress Completed January 1, 197a June 1, 3975 Designation Process: In progress Completed Rules and Regulations Adopted June 1 , i 975 October 7 , 1975 December 1, 1975 H. Money Spent to Date: (1) Transportation Planning (2} Capital Improvements $17,aoo.oo 5.7 million dollars I. State Funds Requested - Yes. (1) Amount necessary $ 5,000 (2} N. t3, 1041 Supplemental Planning Funds would be used for partial funding of a staff transportation planner whose task is to establish a program for a regional transportation district to serve the Upper Eagle Valley area. The Town of Vail has budgeted for 1975 a sum of $15,000 to this program, :.-~. -~3- ,~ . ..,=~-- IV. MASTER PLANNING A. The Town of Va'i1 completed in the fall of 1973 a general improvement master plan for its high density areas. The master plan includes the following: {l) Recreational amenities (2) Reforestation and landscaping program {3) ~~1u1ti-level transportation plan (4} Pedestrian plan {5} Open space acquisition plan {6) Five-year capital improvements plan B. The Vail Plan represents a potential expenditure of 15 to 20 million dollars over the next five years. The purpose of the Vail Plan is to focus the energies of the community toward making those improvements that will create a balance between urban services, ecological integrity, aesthetics and economic development. C. During the Summer of 1973, the Town of Vail revised its Land Use Regula- tions. The purpose of these revisions were to reduce permitted densities and improve the quality of private sector planning, design and development. Specific changes in the Land Use Regulations included: {1) Rverage reduction of allowable densities by 30 per cent for all zone districts. (2) Initiation of an environmental impact report procedure. {3) Creation of a Design Review Board, to review all aspects of aesthetics within the community. {~) Provisions controlling height, parking, landscaping, setbacks and signs. (5) Creation of a development tax and credit system, which is used to encourage the construction of recreational amenities by the private Sector. D. During the Fa11 of 197, a land use master plan and zoning plan was pre- pared fora newly annexed territory consisting of approximately 650 acres. The arigina'1 density permitted by covenants would have permitted a popu7a~ tian of apprar,imately 13,000. The final Town of Uai7 land use plan vain allow for a population of approximately 5,000 E. A general improvement master plan w:11 he completed for the newly annexed territory during the Spring and Summer of 1975. The scope of this plan will be similar to the plan completed for the high density commercial cores. F. Timetable for East Uail Master Plan: Designation Process; In Progress Completed Plan Adopted January 1, 1975 September 1 , 1975 November 1, 1975 G. Estimate of Money Spent to Date on Master Planning: {l) Uail Plan {2) Bighorn Plan* *To be expended during 1975 H. State Funds Requested - Na. V. AIR QUALITY YMPROVEMENT $90,DOD,00 la,ooa,oa The Town of Vail has become aware, in recent years, of a decline in air quality within the Gore Valley. Air quality degradation is of grave concern to the muni- cipality. The Town is taking steps within its jurisdiction to reduce vehicular circulation by the means of centralized parking and the use of mass transportation. An air monitoring prograrrt has been underway far approximately two years. The. Colorado State Department of Health has recently contacted the municipality with intent of establishing a more sophisticated air monitoring program. Extensive ~ 9 -~ ~. ~ i . research is necessary to develop control programs as well as locating new tech- nology that will reduce the lnlpdct of various pollutant sources. The Town of Vail will add an Environmental Health Officer to its staff as of January i, i975. The Health Officer will be responsible for developing an Air Quality Improvement Program. A. Timetable far Air Quality Improvement Program Identification Process: In Progress Completed January i , 1975 June 1, 1975 Designation Process: In Progress Completed Rules and Regulations Adopted June 1, 1975 June 1 , 1976 December i, 1976 S. Estimate of Nfoney Spent to Date {1) Monitoring Equipment (2) Environmental Health Officer $ 1,200.00 4,000.00* *To be expended during 7975 far air quality portion of Environmental Health Program C. State Funds Requested - Yes. (1) Amount necessary $10,000.00 (2) Use of supplemental State funds will be to provide expenses for planning and research consultants to develop an Air Quality Control Program. D, Additional State funding amounting to approximately $10,000 will be requested from the Colorado State Department of Health to provide air monitoring equipment. VI. EROSION CONTROL AND Rf<VEGETATION A. The urbanization of the Gore Valley has caused the disruption and modifica- tion of the natural 7andforms and vegetation, The construction of Inter- state 70 dramatically affects the natural stream course of Gore Creek, as well as creates massive hilidide cuts, Far the most part, neither the stream bank nor the hillside cuts have been revegetated. Extensive erosion and stream siltation has been the resultant effect. B. The Town of Vail has, within its jurisdiction, required that all new con- struction projects complete total landscaping prior to final approval of construction. The Toi~rn has initiated a reforestation and revegetation program which is intended to create a visual and noise buffer between the Interstate 70 and the community. C. The Soil Conservation Service and the Colorado Geologic Survey have been contacted with the purpose of developing an inventory of erosive soil conditions. Further, the Town has requested from the Soil Conservation Service that guidelines be developed to improve our reforestation and re- vegetation program. The Colorado Department of Highways will be requested to develop an improvement program to mitigate erasion and siltation created by the construction of Interstate 70 within the Gore Valley. D. Timetable for Erosion Control and Revegetation Program Identification Process: In Progress January 1, 1975 Completed September 1, 1975 Designation Process In Progress September i, 1975 Completed Paovember 15, 1975 Program Rules and Regulations adopted January 1, 1976 10 - ~ ~ ~ E. Estimate of Money 5;~.nt to Date {1) Revegetation and Reforestation $3O,Q00 F. State f=unds Requested - No (l) Town of Vail participating in Eagle County supplemeni:<-:l H. f3. 1G~ funding request. VII. RIVER WATER QUALITY IftiPROVEP~IENT PROGRAM The Colorado Department of Health has recently completed its Colorado River Water Quality fytanagement plan. This plan wil] serve as a major guideline for the consolidation and irz~provement of sewer districts within the Upper Eagle Valley. Unfortunately, the plan does not consider the effects of urban.runaff on river water quality. A recent study conducted in the Aspen area identified the mag- nitude of water pollution generated from untreated urban runoff in mountain recrea- tional communities. The Aspen study exemplifies the need for further investiga- tion into the proper treatment and control of urban runoff. The Impact of this source of water pollution so near to the headwater of a major tributary within the Colorado River Basin is extreme. Taking into account the continuing urbaniza- tion surrounding these water courses, the Town of Vail believes that •t his problem is of State concern. The Town of Vail has begun the organization of a planning program that will identify the necessary tasks which must be achieved to resolve this problem. State and Federal funds will be necessary and play a key role in developing this program. . A. Timetable far Urban Runoff Control Program Identification Process: In progress Completed January 7, 1975 January 1, 1976 Designation Process In progress Completed Rules and Regulations Adopted January 1, 1976 April 1, 1976 June l , 1976 8. Estimate of Money Spent to Date (1) Storm sewer construction and treatment program $50,000.00 C. State funds requested - Yes (l) Amount necessary $15,000.00 (2) f=unds would be expended for the planning of an urban runoff control program and plan. 11 - ~~ VIII. l~lATF.R AND SEVER DISTRICT CONSOLIDATION RNAJ.YSIS The Gore Valley currently has a number of special improvement districts which serve the ~~aater and sewage needs of the Gc?r~{~ Valley. The quality of service pro- vided varies from district to district. T°.~ To~•rn of Vail currently administers the Vail Water and 5naitation District, ur;. the supervision of the District Board of Directors. The Vail Water and Sanitat~~. ~~istrict services approximately 20 of the land area within the Gore Valley. ~ resulting consequence of numerous special distr^icts providing essentially tt same service is duplication of adminis- tration and capital improvement costs, Therefore, the Town of Vail has initiated a comprehensive Special Districts Consolidation Study to determine the economic and administrative feasibility of consolidating all or portions of these special improvement district within the present and future boundaries of the Town of Vail. The scope of study will include the following areas of emphasis: A, Service area study B. P~lanagement, equipment and facilities study C. Legal analysis of consolidation D. Funding and capital improvement study The Vail plater and Sanitation District has recently completed a water rights investigation and analysis for its own gurisdictlon. Further, an improvements study has been completed for its water and sewer facilities. The recently completed Colorado River Water Quality J~anagement Plan has pro- vided invaluable information necessary to encourage consolidation and improvement of existing seti,rer district. Hourever, further effort must be made at a local level to cause the appropriate steps to be taken that will improve the opera#~ion and maintenance of these districts. Detailed planning of the Upper Eagle Valley should be commenced in the immediate future that defines the most advantageous approach ~n terms of casts, legal implications, time, as well as environmental and growth ~mPacts. E. Timetable far Water and Sewer District Improvement Program Identification Process: In progress Completed January 1t 1975 September lx 1975 Designation Process; In progress Completed Rules and Regulations Adopted September 1, 1975 December 30, 1975 p1arch 7 , 1976 F. Estimate of Money Spent to Date ~1) Vail Water System Study ~} Water Rights Study $l 5,800 31,700 $47,50n G. State Funds Requested -- No (1} Town of Vail participating in Eagle County supplemental HB 1041 funding request, IX. WILDLIFE pRESERVATIOPJ The Town of Vail through its environmental impact reporting procedures has been able to maintain and protect wildlife features that would have been in conflict with urban land uses proposed. A nature center has been established under the direction of the municipality which is charged with the task of identifying and preserving unique wildlife features. Further research needs to be done which would identify wildlife habitat areas within the Gore Valley. Programs are under- way to restore the natural vegetation along Gore Creek which have been distrubed by development and highway construction. The most serious threat to wildlife stems from a large local population of dogs Intensive study and control programs are needed to limit the threat to ~lz~ wild1ife~i canines. to limit free-running ca~npletian which wi11 a dog control ordinan~ is minimal. The Tc> of Vail has a dog control ordinance which attempts dogs. joint city_county animal control shelter is nearing great'€y expand impoundment facilities. The County has adoi7ted ~e within the last year, but unfortunately, its enforcement A. Timetable for l~Ji 1di i fe Preservation Program Identification: In Progress Complete Designation In Progress Completed Rules and Regulations Adopted B. Ploney Spent to Date (1) Nature center G. State Funds Requested - No January 1, 1975 January 1, 197b January ~, 197G June 1, 1976 September 1, ]976 $20,000 (1) Town of Vail is participating in County supplementary F1. B. l::~l funding request, X, FIRE CONTROL The Gare Valley contains three separate fire protection districts. The Vail Fire Protection District is under contract with the two remaining districts to provide fire protection. There are, however, several areas within the Gare Valley which have no fire protection. The Vail Fire Protection District has commissioned a consolidation and service improvement study for the Gore Valley, The content of the study includes; A. Service Area Study B. Management, Equipment and Facilities Study C. Legal Analysis of Consolidation D, Funding and Capital Improvements Study The purpose of this study is to consolidate fire protection service within the Gore Valley so as to provide the high quality of fire protection possible for buildings, as vrel7 as the natural environment. There has been, to date, no serious wildfire situations that have jeopardized either structures or surrounding grassland and forest area; however, as urbaniza- tion continues, the probability of such an incident increases. R11 of the in- gredients exist for a major wildfire occurrence, Consequently, it is necessary that the Town of Vail designate the potential hazard of wild fire within the Gore Valley as an area of State concern. Study needs to bo initiated to determine the extent and type of wildfire hazard areas as well as definitive guidelines for development within each type of wildfire area. Training programs should be developed for local fire protection agencies to improve their knowledge of Fire fighting and prevention techniques. A. Timetable for Wildfire Study Identification Process, In Progress Completed Designation Process: In Progress Completed Rules and Regulations Adopted B, Estimate of Funds Spent to Date (1) Vail Fire Protection District Study January 1, 7975 October 1, ~ 975 October 7, 1975 December 1 , 7 975 December 30, 1975 $10,000,00 13 - ., ~ ~ ' C. Stat;~ Funds Requestes - ~Vo. (1) 'n-~rn ofi Vail ~~articipating in Eagle County suppier~ental WB i041 ;.:~tling request. 14 .- • ~ ~ ' SECTION IV - COf~~iA9Ef~TS 1. The direction of iden~ , ication anr? •5ignation programs may differ ~r}r various local governments. Ii you believe ~~ jurisdiction's fsrogram is nog; adequately reflected in Section I •• III, plea s,_ ::amment on the general progress being made toward implementing H.f3. 1041. See ..ttached summary of Work Program. 2. Your local government's progress to~•rard implementing H.B. 1041 may have been limited or s1orred down for various reasons, If these reasons are not reflected in Sections 1 - III, please comment briefly nn specific probe1rns encountered. a. The lead time necessary to complete research, as ti~re11 as to provide adeq~rate time far Council and Planning Commission review and comment, is insufficient. b. Guideline and definition far developing a work program needs to be improved. c, Definitions for identification and designation are weak, 3. Does your government feel it can adequately deal with matters of State Interest through means other than H.B. 1047 - Yes and No. If appropriate, please comment on these other statutes or regulations in relation to f~ratters of State Interest as identified in H.B. 1041. The strength and relevancy of H.B. 1041 has yet to be tested; therefore, its validity and usefulness remain to be seen. There does, however, seem to be more enthusiasm at the state level to assist local jurisdictions an a one to one basis. The ability to deal ~~~ith one central agency in addressing a wide variety of environmental problems is a major step in the right direction; however, an effort should be made to expand the matters of state interest into other areas such as air and water quality control. ~• Other relevant comments; Abetter communication and education system needs to be developed between municipal, county and state personnel responsible far administration of H.B. 1041. Hato `f Person filling Date 'gnature u this R port ayor/City Council Date - 15 - . RESOLUTTON NO. 25 Series of 1974 A RESOLUTION FOR THE REAPPOINTMENT OF THE TOWN ATTORNEY WHEREAS, the Charter of the Town of Vail, Colorado, Article VII, Section 7.1, provides that the Tawn Council shall appoint a Town Attorney to serve at the pleasure of the Council and prescribes the qualifications of the attorney and the duties of said position; WHEREAS, the Town Council of the Town of Vail, Colo- rado, hereinafter referred to as the "Town", initially appointed Gene A. Smith, Attorney at Law, to serve as Town Attorney on an interim basis under a Memorandum of Agreement dated the 13th day of December, 1973, and Gene A. Smith served in that capacity from the 14th day of December, 3.973, through the 15th day of February, 1974; WHEREAS, on the 19th day of February, 1974, the Town Council adopted Resolution No. 3, Series of 1974, of the Town of Vail, Colorado, appointing Gene A. Smith as Tawn Attorney on a permanent basis for a term of ten and one-half months, from the 16th day of February, 1974, through the 31st day of December, 1974, pursuant to the Employment Contract of Town Attorney dated the 15th day of February, 1974; and WHEREAS, the Town Council considers that Gene A. Smith has served the Town as Town Attorney in a competent, diligent, and satisfactory manner since the 14th day of December, 1973, and finds it appropriate to reappoint Gene A. Smith as Town Attorney through 1975, subject to the pleasure of the Council as set forth in the contract of employment for said period; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Tow erk ~ ~ ~ ' Res. 25, 1974 Section 1, Title. Page 2 This resolution shall be known as the "Resolution Reappointing Town Attorney". Section 2, Reappointment; Employment Contract. The Town Council hereby reappoints Gene A. Smith, Attorney at Law, as Town Attorney of the Town of Vail, Co1o- rada, to serve the Town for a further term, to-wit twelve months, from the 1st day of January, 1975, through the 31st day of December, 1975, pursuant to the Employment Contract of Town Attorney dated the 3rd day of December, 1974, a copy of which is attached hereto and made a part hereof, and the Mayor is authorized to execute said contract on behalf of the Town on this date, the execution of which shall be attested to by the Town Manager and sealed by the Town Clerk with the Town seal. Section 3. Disposition of Employment Contract; Cer- tified Copy. The original executed Employment Contract of Town Attorney referred to in Section 2 hereof shall be recorded by the Town Clerk in the records of resolutions of the Town of Vail, Colorado, and the Town Clerk shall furnish a certified copy of said contract to Gene A. Smith, Town Attorney. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 3rd day of December, 1974, ATTEST: Town e / e EhiPLOYhiEN'I' CONTRACT OF TOWN ATTORNEY THIS EMPLOYn3ENT CONTRACT, made this 3rd day of December, 1974, by and between the TOZYN OF VAIL, COLORADO, a municipal corporation, hereinafter referred to as the "Town1°, and GENE A. SMITH, ATTORNEY AT LAjti', hereinafter referred to as '`Attorney", WITNESSTH: Section 1. Reappointment and Employment; Term; Salary. Pursuant to the Charter of the Town of Vail, Colo- rado, Article VII, Section 7.1, the Town acting through the Town Council has reappointed and employed Attorney to serve as the Town Attorney of the Tawn for a further term, to--wit twelve months, from the 1st day of January, 1975, through the 31st day of December, 1975, at a monthly salary of $2,291.67 to be paid semi-monthly. Section 2. Hours of j9ork; Compensatory Time Off. Attorney will be employed on a full-time basis of 40 hours per week, having normal working hours of 8:00 A.hi. to 5:00 P.M. an Monday, Tuesday, Thursday, and Friday, and 8:00 A.M. to 12:00 Noon on Wednesday; it is recognized that Attorney must devote a considerable time outside his normal working hours to the business of the Town, and accordingly Attorney will be allowed to take compensatory time off as he deems appropriate during said normal working hours; and over- time entitling Attorney to compensatory time off may be accu-- mutated and utilized during any subsequent term of employment. Section 3. Rights and Duties of Employment. Attorney will endeavor to discharge his duties as Town Attorney as specified in the aforesaid section of the Charter of the Town to the best of his ability and in a compe-- tent and professional manner and in general Attorney will have Ta~vn Manager Town Attorney Contract, 175 Page 2 all the employment rights and obli~~..t.ions of the other employ~- ees o~ the Town. Section 4. No Conflicting; Interests. Attorney will not engage in any private practice of law nor have any other business interests which would in any appreciable manner interfere with his capacity as a Town employee or occasion any conflict of interest relative to his employment by the Town. Section 5. Office Facilities. The Town will furnish to Attorney a suitable office, office facilities, secretarial services, books, paper, mater- ials, and any other items reasonably requested by Attorney to enable him to function in a proper manner as the Town Attorney. Section 6. Annual Fee of Supreme Court of State of Colorado; Professional Dues and Subscriptions, Upon the request of Attorney the Town will pay the annual i'ee imposed on Attorney by the Supreme Court of the State of Colorado and the professional dues and subscriptions of Attorney necessary for his participation in national, regional, state, and local bar associations and other organi- zations which are desirable in his opinion for his continued professional participation, growth, and advancement and for the good of the Town. Section 7. Professional Development. The Town will pay for seminars, institutes, lectures, meetings, short courses, books, and literature, and the travel and subsistence expenses related thereto, which Attorney deems desirable for his continued professional development and for the good of the Tawn; ordinarily Attorney will attend the annual meeting of the American Bar Association; provided, however, that Attorney will first explain his reasons far requesting appro- val of the aforesaid matters and obtain the permission of the Town Manager ~ ~. . • ~, i Totvn Attorney Contract, 1975 Page 3 To~im Council. therefor, which permission will not be unrea- sonably withheld. Section $. Discharge Only for Cause; Severance Compensation. During the term of this contract the Town will discharge and remove Attorney from his position as Town Attor- ney only for cause, to-wit those reasons set forth in Article VII, Section 7.2(d) of the Charter of the Town; in the event of said discharge and removal, the Town will forthwith pay to Attorney severance compensation equivalent to his salary for a period of three months; and Attorney wall be entitled to a continuation of his salary and said discharge and removal will not be effective until said severance compensation has been paid. Section 9. Resignation Only for Good Reason; Termi-- nation Pay. Except for good reason Attorney «~ill not resign from his position as Town Attorney during the term of this contract, and in the event of resignation for good reason the Town will pay termination pay equivalent to his salary for a period of one month upon the termination of the employment. SPCtion 10. Additional Term. Assuming the parties remain mutually satisfied with this employment, at the time of the expiration of the term of this contract the parties contemplate that Attorney will con-- time to serve the Town as the Town Attorney for an additional term of twelve months, from the 1st day of January, 1976, through the 31st day of December, 1976; in the event the Town does not intend to reappoint Attorney far said additional term or Attorney does not intend to seek or accept said reappoint- ment said party will deliver written notice to that effect to the other party on or before the 3Dth day of September, 1975; unless the aforesaid notice is delivered, this contract will Town Manager • • ~ Town Attorney Contract, 1975 Page 4 be extended for an additional term of twelve months as afore- said on the same terms and conditions as herein provided, except for the monthly salary specified in Section 1 hereof; the monthly salary for said additional term tvill be increased in a reasonable amount, said salary increase to be negotiated and agreed upon by the parties; and a contract far said addi- tional term will be executed by the parties in the interim between the lst day of October, 1975, and the 31st day of December, 1975. Section 11. Termination Pay After Notice. In the event notice of nonreappointment or+nonaccep- tance of reappointment is delivered by the 30th day of Septem- ber, 1975, pursuant to Section 1Q: hereof, the Town wi11 pay to Attorney termination pay equivalent to his salary far a period of one month upon the termination of the employment. Section 12. Cooperation in Selection of Successor. In the event Attorney resigns for good cause or gives notice that he does not intend to seek or accept reappoint-- ment he will cooperate with the Town in its selection of his successor. Section 13. Continuation of Current Employment Contract. The current Employment Contract of Town Attorney dated the 15th day of February, 1974, will continue in effect through the 31st day of December, 1974. Section 14. Effective Date of Contract; Commencement Date for Contract Provisions. This contract wi11 be effective upon its execution in accordance with Section 1G hereof; and the commencement date fox the provisions herein will be the 1st day of January, 1975. Section 15. Entire Agreement; Severability Provision. The provisions herein constitute the entire agreement between the parties for the term specified in Section 1 hereof and this contract is the only contract existing between the Town Manager •' ~ ~. Town Attorney Contract, 1975 Page 5 parties and supersedes all previous contracts with respect to said term; if any provision, or any portion thereof, con- tained in this contract is held to be unconstitutional, invalid, or unenforceable by the final decision of a court of competent jurisdiction, the remainder of this contract, or portion thereof, will be deemed severable, will not be affected, and will remain in full force and effect. Section 16. Express Authorization for Contract Execution. This contract has been entered into by the Town at the direction of the Town Council, has been executed by the Mayor with the express authorization of the Town Council, the execution hereof has been attested to by the Totvn Manager, and the Town seal has been affixed hereto by the Town Clerk upon the execution hereof. IN WITNESS WHEREOF, the parties hereto have affixed their hands on the date first above written. TOWN OF VAIL, COLORADO ATTEST: Terrell J . h~ingex , Town Manager TOWN SEAL: Rosalie Jeffrey, 'Town Clerk By: Jahn A. Dobson, I~fayor, for the Town Council GENE A. SMITH, ATTORNEY AT LAiV l ,. ~ ~ ~ EMPLOYMENT CONTRACT OF TOWN ATTORNEY THIS EMPLOYMENT CONTRACT, made this 3rd day of December, 1974, by and between the TOWN OF VAiL, COLORADO, a municipal corporation, hereinafter referred to as the "Town", and GENE A. SMITH, ATTORNEY AT LAW, hereinafter referred to as "Attorney", WITNESSTH: Section 1. Reappointment and Employment; Term; Salary. Pursuant to the Charter of the Town of Vail, Colo- rado, Article VII, Section 7.1, the Town acting through the Town Council has reappointed and employed Attorney to serve as the Town Attorney of the Town for a further term, to-wit twelve months, from the 1st day of January, 1975, through the 31st day of December, 1975, at a monthly salary of $2,291.67 to be paid semi-monthly. Section 2. Hours of Work; Compensatory Time Off. Attorney will be employed on a full-time basis of 40 hours per week, having normal working hours of 8:00 A.M. to 5:00 P.M. on Monday, Tuesday, Thursday, and Friday, and 8:00 A.M. to 12:00 Noon on Wednesday; it is recognized that Attorney must devote a considerable time outside his normal working hours to the business of the Town, and accordingly Attorney will be allowed to take compensatory time off as he deems appropriate during said normal working hours; and over- time entitling Attorney to compensatory time off may be accu-- mutated and utilized during any subsequent term of employment. Section 3. Rights and Duties of Employment. Attorney will endeavor to discharge his duties as Town Attorney as specified in the aforesaid section of the Charter of the Town to the best of his ability and in a compe- tent and professional manner and in general Attorney will have ~~ Town Manager Town Attorney Contract, 1975 Page 2 all the employment rights and obligations of the other employ- eel of the Town. Section 4. No Conflicting Interests. Attorney will not engage in any private practice of law nor have any other business interests which would in any appreciable manner interfere with his capacity as a Town employee or occasion any conflict of interest relative to his employment by the Town. Section 5. Office Facilities. The Town will furnish to Attorney a suitable office, office facilities, secretarial services, books, paper, mater- ials, and any other items reasonably requested by Attorney to enable him to function in a proper manner as the Tawn Attorney, Section 6. Annual Fee of Supreme Court of State of Colorado; Professional Dues and Subscriptions. Upon the request of Attorney the Town will pay the annual fee impaled an Attorney by the Supreme Court of the State of Colorado and the professional dues and subscriptions of Attorney necessary for his participation in national, regional, state, and local bar associations and other organi- zations which are desirable in his opinion for his continued professional participation, growth, and advancement and for the goad of the Town. Section 7. Professional Development. The Town will pay for seminars, institutes, lectures, meetings, short courses, books, and literature, and the travel and subsistence expenses related thereto, which Attorney deems desirable for his continued professional development and for the good of the Town; ordinarily Attorney will attend the annual meeting of the American Bar Association; provided, however, that Attorney will first explain his reasons for requesting appro- val of the aforesaid matters and obtain the permission of the ~~ Town A2anager . w ,~ ~~ Town Attorney Contract, 1975 Page 3 Town Council therefor, which permission will not be unrea- sonably withheld. Section 8. Discharge Only for Cause; Severance Compensation. During the term of this contract the Town will discharge and remove Attorney from his position as Town Attor- ney only for cause, to-wit those reasons set forth in Article VII, Section 7.2(d} of the Charter of the Town; in the event of said discharge and removal, the Town will forthwith pay to Attorney severance compensation equivalent to his salary for a period of three months; and Attorney will be entitled to a continuation of his salary and said discharge and removal will not be effective until said severance compensation has been paid. Section 9. Resignation Only for Good Reason; Termi-- nation Pay. Except for good reason Attorney will not resign from his position as Town Attorney during the term of this contract, and in the event of resignation for goad reason the Town will pay termination pay equivalent to his salary for a period of one month upon the termination of the employment. Section 10. Additional Term. Assuming the parties remain mutually satisfied with this employment, at the time of the expiration of the term of this contract the parties contemplate that Attorney will con- tinue to serve the Town as the Town Attorney for an additional term of twelve months, from the 1st day of January, 1976, through the 31st day of December, 1976; in the event the Town does not intend to reappoint Attorney for said additional term or Attorney does not intend to seek or accept said reappoint- ment said party will deliver written notice to that effect to the other party on or before the 30th day of September, 1975; unless the aforesaid notice is delivered, this contract will _~ Town Manager Town Attorney Contract, 1975 Page 4 be extended for an additional term of twelve months as afore- said on the same terms and conditions as herein provided, except for the monthly salary specified in Section 1 hereof; the monthly salary for said additional term will be increased in a reasonable amount, said salary increase to be negotiated and agreed upon by the parties; and a contract for said addi- tional term will be executed by the parties in the interim between the 1st day of October, 1975, and the 31st day of December, 1975. Section 11. Termination Pay After Notice. In the event notice of nonreappointment or nonaccep- tance of reappointment is delivered by the 30th day of Septem- ber, 1975, pursuant to Section 1Q hereof, the Town will pay to Attorney termination pay equivalent to his salary for a period of one month upon the termination of the employment. Section 12. Cooperation in Selection of Successor. Fn the event Attorney resigns for goad cause or gives notice that he does not intend to seek or accept reappoint- ment he will cooperate with the Town in its selection. of his successor. Section 13. Continuation of Current Employment Contract. The current Employment Contract of Tawn Attorney dated the 15th day of February, 1974, will continue in effect through the 31st day of December, 1974. Section 14. Effective Date of Contract; Commencement Date for Contract Provisions. This contract will be effective upon its execution in accordance with Section 16 hereof; and the commencement date for the provisions herein will be the 1st day of January, 1975. Section 15. Entire Agreement; Severability Provision. The provisions herein constitute the entire agreement between the parties for the term specified in Section 1 hereof and this contract is the only contract existing between the To~ anager ~ ~ Town Attorney Contract, 1975 Page 5 parties and supersedes all previous contracts with respect to said term; if any provision, or any portion thereof, con- tained in this contract is held to be unconstitutional, invalid, or unenforceable by the final decision of a court of competent jurisdiction, the remainder of this contract, or portion thereof, will be deemed severable, will not be affected, and will remain in full force and effect. Section 16. Express Authorization for Contract Execution. This contract has been entered into by the Town at the direction of the Town Council, has been executed by the Mayor with the express authorization of the Town Council, the execution hereof has been attested to by the Town Manager, and the Town seal has been affixed hereto by the Town Clerk upon the execution hereof. IN WITNESS WHEREOF, the parties hereto have affixed their hands on the date first above written. TOWN OF VAIL, COLORADO By : f~~ o n A. Dobson, Mayor, r the Town Council GENE`"A . SMITH , ATTORNEY AT LAW ATTEST: ~~ Terr 11 J. zn~ a Town Manage TOWN SEAL: %~ Rosa ie dzffrey, Town C1e.rk ~. ,. RESOLUTION NO. 26 Series of 1974 A RESOLUTION REGARDING THE OPERATION OF THE MUNICIPAL COURT AND REAPPOINTING THE PRESIDING MUNICIPAL JUDGE WI'lEREAS, the Municipal Court in and for the Tawn of Vail, State of Colorado, was created by Section 7.2(a) of the Charter of the Town of Vail, Colorado; WHEREAS, Section 2-7-1(c) of the Town Code of Vail, as amended, provides that the laws relating to the operation of the Municipal Court shall be implemented by the Town Council through resolutions; and '~YHEREAS, the Town Council considers that it is appropriate to change the day and time for the regular ses- sions of the Municipal Court and to reappoint the presiding municipal judge for another term; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Regarding Municipal Court and Reappointing Judge". Section 2. Regular Sessions of Municipal Court. Pursuant to Sections 2-?-1(c) and 2-7-3, Town Code of Vail, as amended, the Municipal Court in and for the Town of Vail, State of Colorado, shall conduct regular sessions each Thursday not a holiday at 11:00 A.M. in the Municipal Building of the Town; any proceeding scheduled on a Thursday which is a legal holiday recognized by the Town shall be automatically continued to the next secular Thursday; and for good cause the presiding municipal judge may cancel a regular session of court, giving written notice thereof to the Clerk of the hunicipal Court, who shall thereupon endeavor to notify interested parties and counsel. of the continuation Tow~i erk ;~ Res. 26, 1974 Page 2 of proceedings affected thereby to a rescheduled date so as to avoid inconvenience to them. Section 3. Reappointment of Presiding Municipal Judge. The Tawn Council hereby reappoints Roland Gerard as the presiding municipal judge of the Municipal Court for a further term, to-wit two years, from the 1st day of January, 1975, through the 31st day of December, 1976, at an annual salary of $4,200.00 which shall be payable on the basis of $350.00 per month by the Town of Vail, Colorado. Section 4. Effective Date. After its adoption this resolution shall take effect on the lst day of January, 1975. Section 5. Repeal. Upon the effective date hereof, this resolution shall repeal Resolution No. 8, Sera.es of 1974, of the Town of Vail, Colorado. INTRODUCED, READ, APPR{3VED, AND ADOPTED, this 17th day of December, 1974. ATTEST: ~ Tawn C1 / • ~ ~~ Ma or r , ~ RESOLUTION NO. 27 Series of 1974 A RESOLUTION FOR THE APPOINTMENT OF A SUCCESSOR TO FILL A COUNCIL SEAT VACANCY AND TO SERVE THE UNEXPIRED TERM UNTIL THE NEXT REGULAR MUNICIPAL ELECTION WHEREAS, Albert Gerhard White, known as Gerry White, was elected to a two-year term on the Town Council of the Town of Vail, Colorado, his third term on the legislative and governing body of the municipality, on the 20th day of November, 1973; WHEREAS, while riding a. bicycle on a trip from Vail to Aspen, Colorado, on the 31st day of August, 1974, Gerry White was struck by an automobile and critically injured; WHEREAS, on the 1st day of October, 1974, although Gerry jYhite was hospitalized, it appeared that his condition was gradually improving and there was a favorable prognosis for an eventual recovery, and the Tawn Council adopted Resolution No. 21, Series of 1974, of the Town of Vail, Colorado, commend- ing the injured councilman for his public service in behalf of the Town and its citizens, inhabitants, and visatars; WHEREAS, the Town Council is now reliably informed that Gerry White is still hospitalized and is expected to be totally disabled for an indefinite period, as evidenced by a statement from his physician dated the 8th day of November, 1974, a copy of which is marked "Exhibit A", attached hereto, and made a part hereof; and WHEREAS, Article III, Section 3.9, of the Charter of the Town of Vaal, Colorado, requires that within thirty days after a council seat becomes vacant, the remaining councilmen shall appoint a successor to fill the vacancy and to serve the unexpired term so vacant until the next regular municipal election; ~~ Town ~lerk T Res . 2? , 19'T4 Page 2 ~ NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1, Title. This resolution sha11 be known as the "Resolution for the Appointment of a Successor to Fill a Council Seat Vacancy". Section 2. Council Seat Vacancy. Inasmuch as Councilman Albert Gerhard White, known as Gerry White, was critically injured in an automobile-bicycle accident on the 31st day of August, 1974, has been hospitalized continuously since the accident, and is expected to be totally disabled and unable to perform the duties of a councilman for an indefinite period, the Town Council finds, determines, and declares that said councilman has become incapacitated and his council seat has thereby became vacant under Article III, Section 3.9, of the Charter of the Town of Vail, Colorado. Section 3. Appointment of Successor to Fill Council Seat Vacancy. Pursuant to Article III, Section 3.9, of the Charter, the Town Council hereby appoints James Machain Slevin to fill the council seat declared to be vacant in Section 2 hereof and to serve the unexpired term so vacant until the next regular municipal election to be held on the 18th day of November, 1975. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 17th day of December, 1974. ATTEST: `` Town Cler Mayor ' NCUROLOG KAL SURGERY HARRY R. 6CYD, h1.D., P.G. CHARLES G. (REED. M.D. HOh7ER C. NICCLR:TOCK, M.D. WILLIAM T. WARMATH, M.D. WESTERN NEUROLOGICAL GROUP. P.C. Sui7E5 IOE ANa :~02 1853 GAYLORD STREET pENVER,COLpRACO 80^06 PHONE 377-2734 November 8, 19I~+ Re: Mr. Albert G. White SIGNED: //`~"~ `-'~ ~~CJ~ ~"~~-~J 'V William T. Warraath, M.D. TO ir'HOM IT MAY CONCERN: MEDICAL NEUROLOGY ELEG7ROENGCPNALO:,R.pHY GENE M. LASATER, t+t D. IAN M. RAPPER. M.D. This is to state that Mr. Albert G. {Gerry) White was involved its an accident on August 31, 197. , 1'.e is at the present time disabled from all activity. This disability is indefinite at this time. WTW-isl ~ . mailed to: P. 0. Box 13.8 -Vail, Colorado 81557 R• .. EXHIBIT A To vn erk . ~ 4