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HomeMy WebLinkAbout1982 Resolutions!4 !S . ~_ RESOLUT I OrI #2 (Series of 1.982) ,~11 ~!~ ~#'~~ `~ A RESOLUTION OF THE TOWa~1 COUNCIL OF THE TOWN 75 s. frontage road OF VAiL ItEGARDiNG THE WITHDRAWAL OF THE TOWN vaif, cclorado 87.657 OF VAIL FROM PARTICIPATION IN THE EAC,LE COUNTY office cf town cf~:rrk LIBRARY SYSTEM; SETTING FORTH THE DETAILS OF THE AGRIEMENT F3ETWEE~I THE TOWN COUNCIL AND THE BOARD 0~' COUNTY CGMMISSIONERS OF EAGLE COUNTY; AUTHORIZING THE TOWN MANAGER TO FORMALISE SAID AGREEMENT; AND DIRECTING THAT THE TOWN CLERK SHALL ATTEST TO THE EXECUTION THEREOF. WHEREAS, the Town of Vail maintains a library paid for by the taxpayers of the Town of Vail; and WHEREAS, Eagle County maintains a library system and taxes the property, real and personal, located within the Town of Vail to pay therefore; and WHEREAS, the Town Council is of the opinion that the benefits of the Eagle County Library System for the residents and taxpayers of the Town of Vail are significantly less than the amount of taxes paid; that the Town's library adequately serves the residents of the Tawn; and that it is unfair to tax the taxpayers of the Town of Vail doubly for library services; and, WHEREAS, C.R.S. 24-9-106 (1973, as amended} provides that if the Town maintains its own library system which serves its residents that the Town play elect not to participate in a county library system; and WHEREAS, the Town Council has elected to withdraw the Town of Vail from the Eagle County Library System; and WHEREAS, the Town Council of the Town of Vail and the Board of County Commissioners of Eagle County have reached an agreement con- cerning the Town's withdrawal from the Eagle County Library System. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council. of the Town of Vail by this resolution hereby elects not to participate in the Eagle County Library System and to withdraw the property, real and personal, located within the boundaries . ~ ~ ~_ of the Town of Vail from tahation for the Eagle County Library System. Section 2, The terms of the agreement between, the '"i'own Council and tY~e Board of Commissioners of Eagle Co-~r..ty rel~~.tive to the Town's withdrawal from the Eagle County Library System ~~re as follows: (1) The Board of County Commissioners of Eagle County, has agreed that the Town may withdraw from the Eagle County Library System. {2) Eagle County shall return to the Town of Vail, the funds collected from the 1981, real and personal property taxes for library purposes which will be collected by the County in 1982. (a) Said funds shall be used by the Town for the Town's library purposes. (b} Said funds Town shall be remitted to the Town by the County in accordance with a schedule to be agreed upon between the Town and the County by formal agreement. (3) The Board of County Commissioners shall take the steps necessary to remove the real and personal property located within the Town of Vail from assessment for library purposes for the year 1982 and thereafter. (4} A formal agreement sha11 be entered into between the Town and Eagle County specifying the terms of the Town's withdrawal from the Eagle County Library System. (5) The Town Manager is hereby authorized and directed to formalize the agreement between the Town and Eagle County and to execute the same for and on behalf of the Town Council of the Town of Vail. The Town Clerk is authorized and directed to attest to said execution and to affix the seal of the Town to said agreement. ~~~~~' INTRODUCED, READ, APPROVED AND ADOPTED THIS StY, day of t January, 1982. ~: ' __..7 -- -- l ~-1 " Rodney E. Safer, 1~ayor ATTEST //~ ~' ~ Colleen Kline, Town Clerk -2 - ~~ R}:SOI,U'i' ION i~0 . 3 (5r~rir.s c~i' l~}ri'~} A R$SOLLTION OF TIII? T0~1'N i;OUNCIL OI~ TIIE Tc~3LVN UL' VAII,, APPILOV I'dC~ '1'I[3~ Ul`~ I'lEi3 STA'iES DI1PAIiT11IENT OF rI,IIn~I:~I'ORTATION TJIII3AN i~1ASS i'RANSPOIi.TATION GRAD"L' I~'OR PROJECT NO. CO-03-0026; AIJTIIO:i.IZING TII':~ TOI'1N h1I1:iA(IER TO EXECIJTI~ SUCII GRANT DOCL'111ENTS ; l1ND DIRECTING TIIE TO~vN CLERK TO AT'I'I;ST TO SAID EXECUTION AND TO AFFIX TI:E TO;'1N SEAL TIIERETO. `YHEREA_S, the U.S. Department of Transportation has approved Project No. CO-03-0026 of the Town of Vail and has agreed to pay as the Federal share thereof; and WHEREAS, it is the opznion of the Town that the Project far the expansion of the bus barn is in the best interest of the citizens of the Town, that the Town has the authority to enter into said grant agreement; and that the Project and agreement should be approved, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section ].. The Town Council of the Town of Vaal hereby specifically approves Project No. CO--03-0026 to provide for the expansion of the Town of Vail bus barn; the assistance application to the U.S. Department of Transportation that has been made; and the grant terms and conditions. Section 2. The Town 11lanager is hereby authorized to execute the agreement relating to the assistance application fox and on ~~, ~:'o behalf of the Town of Vail . a,, Section 3. The Town Clerk is directed to attest to the .:: ~~ execution of the agreement by the To~vn Manager and to affix the --~. ~`,,, _' Seal of the Town of Vail thereto. ~~~. '~ INTRODUCED, READ, APPROVED, AND ENACTED this 19th day of -.,: January , ].982 . ~'r , //~ ~J ~ /_/~/' , ',~~ /~ .a I~(idllGy I:. ~~1~E;I', ~'~ ~ ~11~r A l`l'1~UT `~ y • i./ I'///// ~ r 4 f'c.~1luc~n li] itl~', '1'~nv~f Clc~.rk _' r~ RESOLUTION NO. 3 (Series of 1982) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, APPROVING 'rYE UNITED STATES DEPARTMENT OF TRANSPORTATION URBAN MA~,S TRANSPORTATION GRANT FOR PROTECT NO. CO--03-0026; AUTHORIZING THE TOWN MANAGER TO EXECUTE SUCH GRANT DOCUMENTS; AND DIRECTING THE TOWN CLERK TO ATTEST TO SAID EXECUTION AND TO AFFIX THE TOWN SEAL THERETO. WHEREAS, the U.S. Department of Transportation has approved Project No. CO-03~-0026 of the Town of Vail and has agreed to pay as the Federal share thereof; and WHEREAS, it is the opinion of the Town that the Project for the expansion of the bus barn is in the best interest of the citizens of the Town, that the Town has the authority to enter into said grant agreement; and that the Project and agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section ~. The Town Council of the Town of Vail hereby specifically approves Project No. CO-03-0026 to provide for the expansion of the Town of Vail bus barn; the assistance application to the U.S. Department of Transportation that has been made; and the grant terms and conditions. Section 2. The Town PJlanager is hereby authorized to execute the agreement relating to the assistance application for and on behalf of the Town of Vail. Section 3. The Town Clerk zs directed to attest to the execution of the agreement by the Town bzanager and to affix the Seal of the Town of Vail thereto. INTRODUCED, READ, APPROVED, AND ENACTED this 19th day of January, 1582. 1 ~ ` / ]~ ~iG Rodney ~. S1if~er, Mayor ATTEST Colleen Kline, Tawn Clerk ~, ._-. `~~ RESOLUTI(s~ti N0. ~ (SERIES Or 1982) A RESOLUTION OF THE TOWN COEJNCIL APPROVING THE AGREEME~~T BETWEEN THE TOWN OF VAIL ANL VAIL TOWING COMPANY; AUTHOP~IZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT; DIRECTING THE TOWN CLERK TO ATTEST TO SAID EXECUTION AND TO AFFIX THE TOWN SEAL TO THE AGREEMENT; AND SETTING FORTH DETAILS RELATING THERETO. WHEREAS, the Town of Vail presently has need of towing services; and WHEREAS, Vail Towing Company has proposed to the Town an Agreement to provide said services; and r~ WHEREAS, the Town Council has considered said Agreement and believes it to be in the best interest of the Town of Vail and hereby authorizes the execution of said Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Manager of the Town of Vail and Vail Towing Company have reached an Agreement for the providing of towing services to the Town of Vail, a copy of which is attached hereto and made a part hexeof, Section 2. The Town Council hereby approves said proposed agreement and authorizes and directs the Town Manager to enter into and execute said Agreement. Section 3. The Town Clerk is hereby authorized and directed to attest to said signature and to affix the Town Seal to the Agreement as executed by the Town Manager. INTRODUCED, READ, APPROVED, AND ADOPTED THIS 2ND DAY OF FEBRUARY, 1982, ~. 7 ~.~~_~_ Rodney E.~Sli~er, ~~ or ATTEST: Colleen Kline, Town Clerk ,~- .---- r ( ~ RESOLUTION #4 (Series of 198) A RESOLUTION OF THE T{~WN COUNCIL OF THE TOWN ~F VAIL SUPPORTING THE ESTABLISHMENT OF THE EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DIST1'~1CT. WHEREAS, the Vail Valley Medical Center has and will continue to provide important emergency services to the residents of Eagle County; and WHEREAS, the continued financial stability of the Vail Valley Medical Center is contingent upon a balanced financial operating plan; and WHEREAS, the Vail Valley Medical Center has reviewed various alternatives for insuring the continued economic stability of the Center; and WHEREAS, the Town of Vail Town Council has worked cooperatively with the Board of Directors of the Vail Valley Medical Center in order to evaluate alternatives for the continued stability of the Center; and WHEREAS, all residents of the Town of Vail and Eagle County benefit by the continued operation of the Vail Valley Medical Center and ancillary services; and WHEREAS, the Town of Vail is host to hundreds of thousands of tourists annually which may be dependent upon the Vail Valley Medical Center and its services; NOW, THEREFORE, THE TOWN COUNCIL OF THE TO`'VN OF VAIL DOES HEREBY SUPPORT THE ESTABLISHMENT OF THE EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT AND BE IT FURTHER RESOLVED THAT THE ~`~'~`~ TOWN COUNCIL REQUESTS THE EAGLE COUNTY BOARD OF COMMISSIONERS TO RATIFY THE PROPOSED DISTRICT ESTABLISHMENT FOR CONSIDERATION BY THE VOTERS OF EAGLE COUNTY. READ, APPROVED, PASSED A1VD ADOPTED THIS 19th day of January, 1982. r Rodney E .~ Sl i~er Q/ Mayor ATTEST: I. ~/ ~' _ ~~,~~ ~ Co~Sleen Klin To n Clerk ~.,, RESOLUTION N0. 5 (SERIES OF 1982) A RESOLUTION OF THE TOWN COUNCIL DESIGNATING THE PRESIDENT'S BIRTHDAY HOLID.aY WEEus,ND, FTBRUARY 13, 14, 15, 1952, AS A FIREPLACE SMOKELESS WEEKEND; AND ~~"i'TI'~G FORTH DETAILS RELATING THERETCi. WHEREAS, the air pollution in the Gore Valley has been increasing with each winter season; and WHEREAS, it is the opinion of the Town Council that it would be in the public's interest to encourage limited use of fireplaces during the President's Holiday Weekend; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Town Council hereby designates the President's Holiday Weekend, February 13, 14 and 15, 1982, as a Fireplace Smokeless weekend; and 2. All residents and visitors of the Town shall be encouraged to refrain from using their fireplaces during that weekend, in order to protect and improve the air quality in the Gore Valley. ~/ „ ~// .." Rodney F(. Slzfer, Mayor ATTEST: Colleen Kline, Town Clerk ~ ~ ~, ~~ {:- RESOLUTION r"`r 8 (Series of x.982} A RESOLUTION OF THE TOWN COUNCIL APPROVING THE TOWN'S LEASING OF CERTAIN Et~UIPMENT; AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL LEASES, BILLS OF SALE OR OTHER DOCUMENTS TO FINALI7,E. SAID TRA?~SACTION; DIRECTING THE T0~`,`N CLERK TO ATTEST TO TFiE TOWN MANAGER' S SIGNATURE AND TO AFFIX THE SEAL OF THE TOWN TO ALL NECESSARY DOCUMENTS. ~r WHEREAS, the Town has agreed to a refinancing and leasing plan with Colorado National Leasing, Inc., relating to four (4) Model T-30 Citz Cruiser Transit Coaches; and WHEREAS, the Town Council is of the opinion that the terms of said refinancing and lease should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (~.) The refinancing and lease agreement summarized on the attached memorandum marked as Attachment "1" between the Town of Vail and Colorado National Leasing, Inc. for the above-identified equipment is hereby approved, (2) The Town Manager is hereby authorized to execute for and an behalf of the Town all documents necessary to complete the within approved arrangement, including leases, bills of sale and closing documents. (3) The Town Clerk is directed to attest to the signature of the Town Manager and to affix the seal of the Town to ,said documents. INTRODUCED, READ, APPROVED, AND ADOPTED this 2nd day of February, 1982. ~. ~~ ~ ~~ Rodney E.~lifer, h4~~ ATTEST : ne, Town~~Glerk ~'_' ~~ {~ r' f E[p.fIl'1~4;f11' I.}:1151: 11i~[tI:I;MI:t~fT' This Lease is made this 1st Tay of Ftibruary ~ :~~$2 between Colorado National Leas='_r~g, Inc., a Calorada corporation ("Lessor") , and the Toti~rn .-c Vail., {~olorado ("I~ssee") . In consideration of the mutual covenants and Promises herein set forth, the parties agree as follows: 1. LEASE. Lessor hereby leases to Lessee, and Lessee hereby leases and hires from Lessor, the property, machinery and equipment ,: ("I3quit~,~~,yt") described in the I3quipmsnt Description attached hereto as ~{ ~`,I.ixhibit A and hereby made a part hereof. 2. TT=RM. This lease shall commence on the date hereof and, un- _ ',.less sooner terminated as provided herein, shall expire 5 years from the date of first delivery of any item of the I~uipmcnt. 3. RrNT. Rent for the F~uit~.,..:nt shall he in the amount set forth ` in the r~yuipment I~easc Schedule attached hereto as fixhzbit T3 and hereby ,made a part hereof. T.essee shall pay Lessor such rent in the amounts and at the times set forth an T:xhihit I; at the office of Lessor in ['olden, Colorado, or to such other person and/or at such other place as Lessor may fmm time to ti.mc clesi;~nate in writing. 4. USE.. Lessee shall use the Equipment in a careful and proper manner and shall comply with ail aPplicaUle governmental laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment. If at any time during the term hereof I~essvr supplies __ Lessee with labels, plates or other markings, stating that the Fxluipment `3. ~.;.,~,~~~~~~ i.s owned by Lessor, Lessee shall affix the Same to a prominent place on t`; 'f.A• 7 .AY ~~'a,.~ Ixlulp~^nent J LJ~ d i u . 4 ~a ~~ ,..,;.q,3,u_~.;~.; - : _..:. S. Ll<SSEE'S INSP)rGTIDN; ~YARI2I~M'Y DISCI.AIMFiR. :"r;'~,' (a) Lessee shall inspect the lx{uipment within forty-eight ,~' {48) hours after receipt thereof, Unless Lessee within such period of ~..., time gives written notice to Lessor, Specifying any defect in or other proper abjection to the ~vipment, Lcssec agrees that it shall be con- elusively presurtied, as between Lessor and I,cssee, that Lessee has fully inspected and aclrnowledgcd that the rcluipmcnt is in good condition and r impair, and that I..essee is satisfied with and has accepted the Equipment in such good condition and repair. At or prior to expiration of such in- . spection period, Lessee shall execute and deliver to Lessor the Certificate . tones attached hereto as l;xhibit C and hereby made a part hereof. of Accep (b) Lessor hereby assigns to Lessee for and during the ~~ of this Luse all manufacturer's warranties and guarantees, express or implied, with respect to the Equipment, to the exte3:t such warranties end guarantees are assignable. Lessee acknowledges that it selected each _ item of F~uipment based on its own analysis and investigation from vendors chosen by Lessee and further acknwwledges that Lessor made no represents- . bons or warranties in connection with the Equipment or vendors. LESSOR MANS ND WARRANfY, EXPRESS OR IMT'T.IETI, WITIi RESPECT TO TtiE EQl3IPAIEN'1' AND EXPRESSLY DISCLAIMS ANY WARRAKIY REGARDING 37iE MER©iANTASTLITY OF THE E~UIpl~TE.NT', ITS FITNESS FDR A PARTIC'TJLAR PURPOSE, ITS DESIGN, CONDITION OR ~iIP AND 'THE ENFORCEABILITY OF ANY WARRANTY OR G1„WRANTEE OF Tl-TC MAN- UFACTURIER OF THE k:C2[JT 1~NT . 6. LESSOR'S IN5PI:CTION. Lessor shall at any and all times dur- ing business hours have the right to enter into and upon the pre3nises where the &~uipment may be located for the purpose of inspecting the same or ob- serving its use. 7, ALTC:1tt1fI0N5. Without the prior written cans~.~nt of Lessor, Lessee shall not make any alterations, additions ar ir~rovements to the Equipment. 8. REPAIRS. L~essce, at its own cyst and expense, shall keep the . ~ ~ Equipment in good repair and condition a3uT shall bear all expenses of the maintenance and operation of the T:cl~ilprrx~nt. . ~ ~. ~ 9. INSTIRAlVCE; TOSS Alri? IlAl~lAt~l;; AGREI::U OPTION T'1tICE. Lessee Shall keep the Equi~,~~..~t insured against all risks of lass or damage Uy fire anc3 - ,3 i, . ..? . ~y_ -~:s "~~~`~ ~ 'such other risks as are covered by endorserr~nt comrmnly known as supplen~en- .-... :-_.,. _ t~ or extended coverage far the greater of the faix 3r~trket value thereof ~',~ .-. or the "Agreed Option !'rice set forth in Exhibit 33 attached hereto with re- . ". ~spect to the Equipment. Lessee shall also carry public liability and pro- '~ . ~ petty damage insurance covering the Equi.pm~~nt in arrounts not less than ~20U,000 in respect of bodily injury or death to any one person, nvt less -2- ' ~ ~ ;..than $SOO,D00 in respect of any one ;accident, and not less than $100,0(]a in respect of property danra~;e. 1111 such liability insurance s~~a11 in- -. ~ sure both [,essor and Less~:e and all such rropc:rty damage insurance shall - name LLSSar as loss payee as its interest Wray appe:~r~, l..es.see may effect -~ such coverages under its blanket policies. No loss or c~amabe to the Equipment or any part thereof shall in~air any obligation. of the Lessee . -under this Lease which shall continue in full force and effect. In the 'event of loss or damage of any kind w~3atevcr to any item of Equipment, -.the proceeds of such insurance shall be applied to any item of Equipment: (a) To place the same in gaud repair, condition and work- - Ong order, or replace the same with like Equipment in goad repair, con- dition and working order; or (b) If, in the reasonable }udgment of Lessor, the Equipment is'determined to be lost, stolen, destroyed ar damaged beyond repair, Lessee shall pay Lessor therefor in cash, to the extent the insurance proceeds paid to Lessor may be insufficient, the Agreed Option Price set forth in E.xftibit B determined as of the date of the last full rental pay- ment made by Lessee, plus interest an such Agreed Option price at the rate set forth in Exhibit S from the date of the last full rental payment ~- t~tl the date of payment for the I:quipn~a~t. Ch~on such payment this Lease sha7.1 terminate with respect to the Equipment sa paid for and Lessor wi11 thereupon execute and deliver to Lessee a bill of sale transferring such Equipment to Lessee "AS-IS-IVt3i:ltfi-IS," FVITHOIfi' i~1tRE1Ni'Y, EXP}tL'SS Olt Ih~'I.IED, WITH RESPECT Ta ANY bfATTER 1N} iA15OEVIiR . 10, SURRENDER. Except as provided in paragraph 20 hereof, upon ~_ Y:w+-;,,; ~ the expiration or earlier ternunation of this pease, Lessee shall (unless ±' ~'~''„'`':'. Lessee has purchased the Equipment Pursuant to paragraphs 9 or 14 hereof) .,~ .;.> ,±..~ .return the same to Lessor in goad xepair, condition and working order, or- -, ~;, _ _~-..a..... Binary wear and tear resulting from proper use thereof excepted, by de- ..,.,~~. ~"~~'~~~'~;y-° ~ lirering, at Lessee's sole cost and a nee ssession of the ui ment `'~•.~°r-;~~~ , to Lessor at such place as Lessor may designate. ,-. _ ~-- -~; - 11. TAXES AND LItiNS. '~ ~ {a} Lessee agrees to pay and to indennify and hold Lessor . _3_ ~.~..\ • harmless from all license, sales, u_~:c prrsonal prnparty or oth~:r taxes to- gather with ~ any pen.-~lties, fines or interest therear~ imposed or letiried with resre~ct tp the }aquipm::nt or the ownership, delivery, lease, pos- session, vse, o;~e~"ation, sale or the disposition thereof, or upon the ran- talc or e~.rnings arising therefrom. (b) Lessee shall not directly or indirectly create, incur, assume ar suffer to exist any sccirrity interest, lien or encumbrance on or with respect to any item of T.~~uipn~ent yr any interest therein, Lessee shall promptly, at its expense, take such action as may be necessary to discharge any such security interest, lien or encum3ran~:e ~ and when the . same shall arise. 12. L£5.SOR'S PAYMENT. In case of the failure of the Lessee to procure or maintain insuxance on the Equipment, pay taxes on or with re- spect to the Equipment or maintain the Equipment free and clear of any security interests, liens and cnc-u~liraaiccs, as herein specified, Lessor shall have the right, but not be ot~l igatec], to efEoct such insurance, to pay such taxes anti discharge such security interests, liens and oncun~ranaes and the cost thereof shall ~e repayable to Lessor with the next installment of rent. 13. DEFAULT. If the Lessee shall fail to pay the rent duo and payable under Exhibit B attadied hereto within ten [10) days after the same is due and payable, or if the Lessee shall fail to observe, keep or perform any other provision of this Lease for a period of ten (1Q) days after re- ceipt of written notice thereof, Lessor shall have the right to exercise any one or mare of the followint; remedies: . - ~ ~ (a) To terminate this Lease and to sr.ae for and recover all i' , ~""~'~'• rents and other pa}~nnts than accrued anti unpaid hereunder and all rents _;:;, "44 and other payments which will accrue during tj~e then current fiscal year r 'R ; `~ . . ~~~~~'-'~-:;~~j~<- of Lessee. ~._ _y,. _ rL~;` i `T.S ~~~{::-:~_;r~;.:,.. (b) To retain all rentals and to tape possession of any .:.. ~;'`:~':~~'~'°`- - or all items or Equi~~mezit, without fur•t~rer ciemancl or notice grid without #^~°~~~ ~~_- ,any court order or other process of law, and either to remove the same ;, i .<<e'~S .~, ~' .. ''~' . or to lease the same to others. -• 14. TERMINATION FUR NON-Al'PiZOI'RiATIUN. Notwithstanding anything herein to the contrary, i E' l~:ssec Macs nat ai~pra~7riute funds for any fiscal '.~ Y ~4 i s,: - _~. ,;.,_ ~~~~'f4 ~w~w~f1+ e '+ fy, , '.,'~' . .~ ~~ f l' year of lessee during the teen hereof sufficient to pay the amounts due ~~ereta~d~er i.n such fiscal year and d,~~5see has exhausted all fwids legally available for payments uue tuider this Lease, Lessee may, by written notice given to lessor na later than ten {ld) days after auoption of the budget far such fiscal year, thereupon terminate this Lease. Upon such termin- ation, Lessee shall return the I~~uipi~nt to Lessor in accordance with pare graph 10 hereof and pay all rents and ether payments dire to Lessor for pe~ rinds prior to the data the Fx~uipu>G:nt is sa returned to [,essor. 15. AS~IG~~iENP. Without the prior written consent of Lessor, Lessee shall neither assi~, transfer, pledge or hypothecate this Lease, the Equipmrent or any part thereof, or any interest therein, ear sublet any item of Equipment. It is unc~rstood that Lessor contemplates assigning this Lease or interests in the Gluiprncnt and that Lessor's assignee may also assign the same. All ri~tts of Lessor hereunder may be assigned, transferred, or otherwise disposed of, either in whole or in part, wittwut notice to Lessee; provided, however that no assib,,,~~:nt of this Lease or any interest therein shall be made except subject to the rigkyts granted to the Lessee by virtue of this Lease; and provided further that no as- signee of Lessor shall be obligated to perform any duty, covenant ar con- dition required to be pexfarmed by Lessor under the terms of this Lease. lb. PE[LSONl~L PEt(]PCft'TY. The ~.tuipment is, and shall at all times be and remain, personal property notwithstaridinb that the Equipment may be affixed or attached to, ar imbedded in, or permanently resting upon, real property or any building thereon, or attached in any manner to what is permanent as by means of cement, plaster, nails bolts, screws or otherwise. 17. iNDk7~~lITY; LIbiI15 OF LIA~iILITY. Lessee hereby assumes li- ability far and agrees to indemnify and hold Lessor harmless fmm and against any and all debts, liabilities, oblibations, claims and expenses, including court costs and attorney's fees, incurred by ar asserted against Lessor in connection with, arising out of or inci~nt to the ownership, delivery, cease, possession, use, operation, condition, sale or ather~dis- pasition of any item of Equipment. Lessor is not responsible for any re.. pairs or service to the Equipment or any defects therein. Lessor shall not be liable for arty consequential, incidental or special damages of any -5- {~ ~ ~ character as a result of or arisin}; out of the lease of tlk: Equipment, or .~ any item therieof, incluclin~; loss of proEits~ pm,~:rty da-n3~~; or last pm- duction, whether suffered by Lessee or~any other person. 18. IN'11:RE5T. Should Lessee fail to pay ~iy part of the rent herein reserved or any other sw„ regl.drad by, lessee to be paid to Lessor, within 10 days after the due date thereof, I.,essee shall pay to the Lessor interest on such clelinyuent payment from the due date until paid at the rate of I5 percent (15 °s) per annuun. 19. OPTIQN. Provided Lessee is not in default in the perform- anoe of its obligations hereunder, Lessee shall have the optZarx, at any time after March 1, 1982 to purchase the Equipment for an a~maurtt equal to the Agreed Option Price thereof set forth in Exhibit B at the date of the last full rental payment, plus interest on such Agreed Option Price at the rate set forth in >;xhibit B from the date of the last full rental. payment until the elate of lxay,t~nt for the 1-:quipment. Scrh option to purchas$ the Equipment s]xall be exercised by the payment of the Agreed Option Price plus interest as herein proveded to Lessor at Lessor's office in Denver, Colorado. It Lessee exercises the option to purchase the Equipment, title thereto shall thereupon become vested in Lessee arxd iessor will. thereulon execute alZd cic;liver to l,,:ssee a bill of sale trans- ferring such Equipment to l.essce "'i45-IS-~Y1il:ltls-T5," 11~i'1TlOt1'1' IVJ1Ftlt~'i-t~fl'Y, EXP1tl;SS OR iAg'LIED, WITIi ItP.51'tit:T TO AMr A~~'!"1'I:R 1VIIrr~I.soL~VI:12. 20. E)CPIR111'I()ti. If lessee shall co,~~ly with a~Il provisions of this Lease an its part to 13c kcjrt anal Perfonnex3, then ~,pon the expiration of this Lease, all right, title a,id interest of Lessor in tl~e Tquipment :.: subject to this Lease shall vr.st in and become the proC,ert}~ of Lessee, and ,. • ;.. _ ~~;~~ .Lessor sale transferring su~:h I:clluifmcnt to i~essce, "h`;-IS-I~l[l:lui-IS," WI'TII- .~;::~~,~~~'' ~. OUl' WAW~ANfY 1vX!'1tFS5 Olt IMPLIED IV I'!1 I It[Sl'I:CT TO MiY Mt1!'!'!rR WI IATSOL~:It . ~': ~ ~~ .~ .~ ,r,..kMr ~-~`~` ~ Zl. TAX EXI1~11"FIU~I. 'I'lrc "lent", "Interest", "Al;rced Option _._ ~.~- :N~,,~~~:_:_-~ Pr ce and her computations set forth in this le:~se and exhibits attached :; ?'-. ,,~~`~ ~,~ ~`"~ hereto have been fixed and camr,rteci ulxon tl,c assumption that the airount de- t, '' S X9'4 i1~ ! ra .. f `ti ~¢. Ji.L~ t ''~{ ~~signated as "Interest" will be exc~upt fro~n fecbt.~ral income taxation a,xd (if ~= ~~~=f'~~'~~~^-`~~- so tested on Exhibit $) state income taxation in the hands a£ the Lessor an~i ;r. `~~ . • ~~z:f~-~~,"~' its assignees. y{ it is determined that such "Interest" p1yments are not . ~ :,~ : .. - f;, `~.' ; ."- 50 e~oe t then the ltems of "ltc:nt", "Interest", "Al;reecl L~ltlon I}t'1C0" and tiI`. ,,; , . ,.,,.. - ~~ ~~ ;, .~ r.. related ~:omputations rayable by the I~csyez: to i.essor hereunder shall be adjusted so as to provide Lessor- with tlu: airowit a£ such items as shall equal, o~rt an after tax basis, the anqurzt thcrec~f set Earth in this Lease and exhibits attached Ix'rcto. 71ii~ netliocl and ~:i~-zng of the pa}~nt of such adjustment shall.}~e as mutually agreed upon pron~tly following not- ice to Lessee of the need for such adj ustr~nt, 22. FINANCIAL S`iAl'E-~ii:~rf}:S. Lessee shall furnish to Lessor, with- in sixty (60) days after the end of each fiscal quarter of Lessee, finan- cial statements of Lessee which shall include a balance sheet and state- Went of revenue and expense of i.essee for the quarter and the year to date and such other information and reports as Lesser sha11 reasonably request. A11 such financial statements s}loll be certified to be true and correct by the appropriate officer of lessee, 23, CLAIMS. Lessor hereby appoints and constitutes Lessee as its agent and attorney-in-fact during the term of this Lease to assert and enforce, at the sole cost and expense of the Lessee, whatever clairis and rights the Lessor may have as owner of the Equipment against any vendors, - manufacturers, suppliers or contractors in respect thereof. 24. NOIV-WAIVER. No waiver of any of the Lessee's obligations tndsr this Lease shall be deemed to take place unless such waiver has been made in writing and signed by the Lessor. Failure to exercise any .-;.,:,dy r which Lessor may have under this Lease or :any other acquiescence by the Lessor in any default by the Lessee shall not'constitute a waiver of any obligation of Lessee hereunder, including the obligation as to which Lessee . ~,: is ,:,~:~i'~: F in default. ~•-'~,.--'---~ - 2S. QDNCl31t[tEhfT R~IEDIF.S, Na right ar remedy conferred upon ar zn~~~ ~.~,~,~ _ ~ -~.~~•~reserved to the Lessor in this Lease is exclusive of any other right ear ~~.` ~: . .~';~'"' ~"''`'"" vided or rmitte :.,::y..~,;~~;• .~~..y:dy r... pe d herein by law or equity; but each shall he -;., ~`~~~ *`.~`- cuauiative of any other right or rcmt:dy given hereunder, or now yr here- 2~ iR',~ ~'°~ ` ~ " ~ after existing at law or in ~yuity or by statute or otherwise, and may be ~~"r~'~~~`~_~`- enforced concurrently therewith, or from time to time. '~'~ : r: r -,.x~.'~.: FICATIDN. 'This Lcasc constitutes the entire agreement 3. ~ ,::;,a: ,. -~ ~'~ ``_~}`~`:~ _ between tessar and Lessee and shall not be amended, altered or modified .. ~ryys; _~' _.~~}°.,except in a writing signed ray the parties hereto. :;- ;:~e~ - 7- 1 ~, ~'` ~ ~ 27, NOTICES. A11 notices requirc~ci or ~x:rmitted hereunder shall be sufficient if delivered pcrsa«ally or m,ilcd to the parti~.s at the ad-_ dress hereafter set forth or ar. such other address as either party may de- signate in writing fmm tiisr to time:. My such notice s!~il be effective 48 hours after it has boon de~~osited in the ~lr-itcd States ma.1, d~~y ad- dressed and with postage prepaid. 2$. (~01/ERlVING LAW. This Lease and other instruments or docu- ~+aents executed by the parties hereto, and the rights and duties of the parties hereto, sha11 be construed and enforced in accordance with the laws of the State of Colorado. 29. TIME. Time is of the essence of this Lease and each and all of its provisions. ~~' 30. SEVERABILITY, If any provision in this Leash or the appli- cation of such provision to any person nr circumstance shall be invalid, illegal or unenforceable, the remainder of this Lease or the application of such provision to persons or circumstances other than those to which it is invalid, Illegal or unenforceable shall not be affected thereby. IN WITNESS Wi[ERf~L}i=, the parties hereto have executed this Lease the day and year first above written. LIiSSOR: COLORADO NATIONAL LEASING, INC. ~. , . ,: ~ . ,: By Bldg. S 1, Suite 150 141Q2 W. 20th Ave. ~. Golden, ca saQOi '.~:` - LESS: "~`~'" ~d"'. Town of Vail, Colorado ,_ . _ ~f;~::~~ ~~LLs;_ ~. -fir ~.;,;~:.;~~. ,: . ATTAII~I+r!'S; j ~"~ "~: j '~.' ~- - a~: ~~, ~ ` Resolution No. of the ~,~ ~ „ - s;: ~~ s~~.,~~ ' ~ h*~ 3t ~ Equipment Descri Lion Exhibit A) ~ :'> ~~ Equipment Lease Schedule (Exhibit B) . "w=~~.. Certificate of Acceptance (Exhibit C) " ~ ~ '" ~ Opinion of Counsel ~~ t-- "E?CE~IBIT A" LEASE # 76301 LESSEE: TOWN OF VAIL, COLORAD(} Four (4) Made1 T-30 Citi Cruiser Transit Coaches with T 7.3.2. directional signal foot switehes. Serial n~ber as fallaws: 1) 1TUBBT58XBR000699 2) 1TUBBT585BR000688 3) 1TUBBT583BR000687 4) 1TUBBTS$9BRODD693 • ~- LEASE ~~ 76341 PAYMENT RENT N0. PAYF4ENT INITIAL BALANCE EXHIBIT B EQUIPMENT LEASE SCHEDULE DESIGNATED REDUCTION OF INTEREST PRINCIPAL BALANCE OF AGREED PRINCIPAL OPTION PRICE 447,110.88 426,597,43 r 1 27,365.00 13,559.28 13,805.72 393,305.16 414,946.94 2 27,365.00 12,F,69.82 14,495.18 378,809.98 394,622.83 3 27,365.00 12,180.37 15,184.63 363,625.34 377,745.11 ~! 27,365.00 11,494.91 15,874.09 347,751.25 360,273.76 5 27,365.OO 10,801.46 16,563.54 331,187.71 3#2,208.79 6 27,365.ao 10,112.00 17,253.00 313,934.71 323,550.21 7 27,365.00 9,422.55 17,942.45 295,992.26 304,298.00 8 27,365.00 8,733.09 18,631.91 277,360.35 2$4,452.18 9 27.365.04 8,043.64 19,321.36 258,038.99 264,012.74 10 27,365.04 7,354.18 20,010.82 238,028.17 242,979.67 11 27,365.40 6,6h4.73 20,7(}4.27 217,327.90 221,352.99 12 27,3F5.00 5,975.27 21,389.73 195,938.18 199,132.69 13 27,365.00 5,285.82 22,Q79.18 173,859.00 176,318.77 14 27,365.40 4,59b.36 22,768.64 151,090.36 152,911.24 15 27,365.00 3,906.91 23,458.09 127,632.27 128,910.08 16 27,:165.x0 3,217.46 24,147.54 103,484.73 104,315.34 17 27,365.00 2,528.00 24,837.x© 78,647.73 79,126.90 18 27,365.00 1,838.55 25,526.45 53,121.27 53,344.89 19 27,365.00 1,149.09 26,215.91 26,905.36 26,969.25 ?_0 27,365.xQ 459.64 26,945.3fi .00 .00 ~~ t ~;y , ,~., Vii} Unless sooner terminated as set forth in the Lease, the term of this lease respecting each item of equipment shall commence on February 1, 1982, and shall expire on play 1, 1987. As rent for said equipment, Lessee shall pay Lessor the sum of $47,110.88 payable in installments as follows: May lst, August 1st, 1Vovember 1st, February 1st, commencing on May 1, 1982, which said installments of rent include interest at the rate of 12.00 per annum on the Balance of Principal. ~-- ~ -- -~ ~ ~ l r "Exhibit C" CrR'FirT;;11T1: Ol: AC: t; IiF~'I'11;~t~1; - , , - - The itrsti~ersibt~ecl l~c~rcl~y Certifi e~. that Yt has inspects;;}, rc~o~.vod, a},prvvc~cl and hcxeby ~ccopts delivery . '.,,' of the i"o1lo~ring eglixPment t~l~on the terms ?nd conditions ,ti. "` ~ set -forth herein and in that I:nuipment• I.casc A~;rccmcnt ~~ :"~~ datedEebruary 1, 19$2 between the undersigned and Color~~clo <..,~.. National Leasing, Incorporatccl , a Colorado corporation: '. l . l'1P.GCr1 Pri otl of 1'cltii.nment ' -~~`-~;~'~'' ~:T . See attached "Exhibit A" -_, h-, . - }'. _ Y'~; - The cost of the equipment is $407,110.88 , .. ~~µ'.~ ... _! ~_ The undersigned further certi.ficd that the fore- ~.;~going equipment is in gaud orclcr and condition, and conforms -~''~``'~ to the specifications applicable thereto. f..~i ` - ~``-''I The execution of this Ccrti#"icate will in no way relieve or decrease the respo~~5ibility of- the manufacturer of i. ;,..the equipment for any warranties it h<<s made with respect to .:~ ~thc same. '' ~`' Tha.-undersigned hereby requests Colorado National - _-~.'Leasing, Incorporated to prc~;ess payment in the amount of `'s-.'. $407,110.88 to the vendor, Town of Vail, Colorado - ;,y Dated; t c ~(j.~ f. ._ . 7 '~~ ~ = i r;~ ~CrIF~~` 'f~„ q r. p~;•~, . , j '~..~ ~.~ .. .' - i~ {.t ,.. ~ ~~ ' ~~ ~ f' T." ~ATTJiST . {axe , :k. .r.^~~_...~i 'rr v ., lay Lessee F ,~ -~- ~ ~ r I1.I~; S Ui ~U'1' 1.0[v' ~ ~S A RL;SULU'i'ION OI' `1'fil~ 'I'0`'i'v CUUNCII~ i1l~l'ItUVING I'Ili; '1'U1YN'S LL:~:~~iti(; Ox~' t;1;E~'i'AtN 1:(~fi If",ti;i~iT; AJ'I'IIORTlING '1'111: '1'UjYN 1IA:~tL1G11~ '1'O ~;:~1~;C;UTL ~~LL LI~;AS1;S , I:III_~I,S UI'' Sr`1LI; UEI O'1']I1~iR 1)OCUhIENTS 'I'O I~'INIILIIE SAZll '1'Iir~NSACTION } ')TI~I:C:'1'ING THE TOSYN CI~ERIi TO tl`l"I'LS'P TO TIII~, T04ti`N 11t'1NAGE~.' S SIGNATUI~}'; AND TO AT'FIY 'I'1IE ~~.'I~r~L Or' TIIE TOWN TO ALL NECESSARY DOCUI~IEI~TS . WHEREAS, the Town has agreed to a Ieasin€; plan with Municipal Investment Company, Englewood, Colorado, relating to two {2) John Deere 6440 Front End Loaders; and WHEREAS, the Town Council is of the opinion that the' terms of said lease should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOjYN OF VAIL, COLORADO, THAT: (1) The lease agreement summarized on the attached "Exhibit A" between the Town of Vail and the Municipal Invest- meat Company for the above-identified equipment is hereby approved. (2) The.Town i~lanager is hereby authorized to execute for and on behalf of the Town all documents necessary to complete the within approved arrangement, including leases, bills of sale and closing documents. (3) The Town Clerk is directed to attest to the signature of the Town h3anager and to affix the seal of the Town to sand documents. INTRODUCED, READ, APPROVED, AND ADOPTED TIiIS 16th DAY OF FEBRUARY, x982. ~~ ~, -~~ ~ Ra`dncy ~ . Sli~`er~ i~i'ayor ATTEST: Colleen Kline, Town Clerk ,~-- _ ~ s RESOLUTION ,#9 (Series of 1982) A RESOLUTION OF THE 'TOWN COLaNCIL CONFIRMING THE TOWN' S EXEMPTION OF FOGD StiLES F~;,OM THE SALES T'AX; DIRECTING THE STATE OF COLORADO NOT TO COLLECT TFiE SALES 1 AX ON l~ OOD ; PRO- VIDING AN INDEMFdiFICATIC~N AND HOLD HARMLESS STATEMENT FOR THE STATE OF COLORADO DEPARTMENT OF REVENUE ; AND Si~,T`I~ING mORTH DETAILS IN RELA- TION THERETO. WHEREAS, the Town Council by Ordinance #41, Series of 1979, exempted food sales from sales tax commencing January 1, 1980; and, WHEREAS, the State of Colorado Department of Revenue did not receive a copy of Ordinance #gl, Series of 1979, and WHEREAS, the State of Colorado has not been receiving sales tax on food sales since that time; and WHEREAS, the State of Colorado Department of Revenue has requested specific authorization not to collect such tax and an Agreement by the Town to indemnify it and hold it harmless from the tax that has not been collected since January 1, 1980; and WHEREAS, the Town Council wishes to reaffirm its decision to exempt food sales from sales tax, to direct the State of Colorado Department of Revenue not to collect sales tax on food sales, and agree to and indemnify and hold the Department of Revenue harmless from such noncollection. NOW, THEREFORE, BE IT RESOLVED BY THE T0~1'N COUNCIL OF THE TO~i~N OF VA I L , STATE OF COLORADO , THAT Section 1. The Town Council reaffirms its decision as stated in Ordinance #41, Series of 1979, that food sales shall be exempt from the Town of Vail's sales tax. Section 2. The Department of Revenue of the State of Colorado, acting as the agent for the Town of Vail for the collection of sales tax, is hereby directed not to collect the Town of Vail's sales tax on food sales which occurred on or aftex January 1, 1980. I ~ ~ ~r -- 2- Section 3. The Town agrees to indemnify, defend and hold harmless the State of Colorado Department of Color.~,do and its agents from, agai:lst, and with respect to any claim, liability, obligation, loss, damage, assessment, judgment, cost or expense, ~.ction, suit, pro- ceeding, dernand, of any kind or character, arising .gut of or in any manor inca.dent to the State of Colorado Department of Revenue's non- collection of the Town of Vail's sales tax on food sales which occur on or after ~3anuary 1, 1980. INTRODUCED, READ, APPROVED AND ADOPTED THIS 16TH DAY OF FEBRUARY, 1982. ~/~ ~/iC~ C_ .1~~:~ Rodney E. Slifer, Mayor` ATTEST . ~i~ Jr~ ~.een Kline, Town Clerk r- ~ ~ f ` ~- i r. RESOLUTION #10 (Series of 1982) A RESOLUTION OF TIIE T0~9N COUNC I L AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4 TO PROVIDE THAT LOT 39 OF THE GLEN LYON SUBDIVISI!7N MAY HE DIVIDED INTO TWO (2) SINGLE FAMILY LOTS; PRO- VIDING A MASTER T'~EVELOPMENT PLAN THEREFORE; SETTING FORTH A TWENTY FIVE (25) FOOT HEIGHT LIMITATION AND THIRTY ONE HUNDRED (3100} SQUARE FOOT MAXIMUM GROSS RESIDENTIAL FLOOR AREA (GRFA) LIMITATION; AND SETTING FORTH DETAILS RELATING THERETO. WHEREAS, the Town Council has previously approved Special Development District 4, commonly known as Glen Lyon Subdivision, to insure its planned and coordinated development in a manner suitable for the area in which it i.s situated; and WHEREAS, the Town Council was of the opinion that the existing Lot 39 of Glen Lyon Subdivsion possesses characteristics making it appropriate for two (2) single family structures of a high quality, low-rise nature; and, WHEREAS, the Planning and Environmental Commission has reviewed said amendment to Special Development District 4 and recommended its approval; and WHEREAS, the owner of Lot 39 and the developer of the Glen Lyon Subdivision have agreed to the conditions and limitations placed upon-the division of said lot into two (2) separate lots; and, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Lot 39 of the Glen Lyon Subdivision, a part of Special Development District 4, shall be divided into two (2} residential lots in accordance with the Master Plan thereof. Section 2. The Master Development Plan for Lot 39 and the division thereof is hereby approved and the development of said divided Lot 39 small be in accordance with the within approved Master Developmen Plan and conditions herein imposed. ,~ ~, t -2- .f- t Section 3. The maximum height of buildings on Lots 39 (A) and 39 (B) of the Glen Lyon Subdivision, as herein approved, shall be twenty five (25) feet as determined in accordance with the applicable provisions of the Vail mooning lode. Section 4. The maximum allowable gross residential floor area (GRFA) on Lots 39 (A) and 39 (B) of the Glen Lyon Subdivision as herein approved, shall be thirty one hundred (3100) square feet each . INTRODUCED, READ, APPROVED AND ADOPTED THIS 16TH DAY OF FEBRUARY, 1982. ~~~~ Rodney E. Slifer, yon ATTEST : Colleen Kline, Town Clerk ~- t ~' RESOLUTION #12 (Series of 1982} A RESOLUTION OF THE TOWN COUN~:IL MAKING A FIND a:NG THAT THE CONSTRUCT ION AGREEMENT BETWEEN THE TOWN OF VAIL AND KYBUR2 CONSTRUCTION COMPANY , INC . FOR THF. CONSTRUCT .l" (~N OF THE NEW PUBLIC LIBRARY SHGULD BE A NEGOTIATED CONTRACT INASMUCH AS SAID NEGOTIATION IS NECESSARY FOR THE PUBLIC INTEREST;,RATIFi'ING AND CONFIRMING THE ACTION OF THE 'I OWN t;OLNCIL AUTHORIZING THE TOWN MANAGER TO NEGOTIATE SAID CONTRACT; RATIFYING THE NEGOTIATIONS AND ACTIONS TAKEN BY THE TOWN MANAGER TO NEGOTIATE SAID CONTRACT; APPROVING THE CONSTRUCTION AGREEMENT AS NEGOTIATED; AUTHORIZING THE MAYOR AND THE TOWN MANAGER TO EXECUTE SAID AGREEMENT AND DIRECTING THE TOWN CLERK TO ATTEST THERETO; AND SETTING FORTH DETAILS RELATING TO THE FOREGOING. WHEREAS, the Town Council enacted Resolution No, 7, Series of 1982, calling for a municipal election on the 6th day of April, 1982, for the submission to the qualified electors of the Town of Vail the question as to whether or not the Town should incur indebtedness in an amount not to exceed 3 million dollars to be used for the purpose of acquiring, constructing, installing and equiping a new public library within the Town of Vail {hereinafter referred to as the "New Library"); and WHEREAS, the Town Council adopted Resolution No. 7, Series of 1982, which provided for the question to be submitted to the voters in said election, the form of the ballot to be used, the giving of notice of said election, and other matters and details relating to said election; and WHEREAS, at the election duly held on the 6th day of April, 1982, the electors of the Town of Vail approved the question as submitted by the vote of 233 in favor and 121 against; and WHEREAS, it is the opinion of the Town Council that because of a great need for the New Library, that a construction contract should be entered into promptly; and ~9I3EREAS, because of the rising cost of services and materials it i.s the opinion of the Tawn Council that it is in the public interest that a construction contract be negotiated and approved as soon as possible; F y.., ... ^ ,_ Y ^... r ` ~ ~ ~~ NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. In accordance with the above findings, the Town Council hereby ratifies and affirms all actions taken b5r the Town Council at public meetings or Town Council work sessions held previous to the adoption of this Resolution relating to the negotiation of a construction contract, selection of a contractor, and the authorization of the Town Manager to move forward to secure the contractor's services for the construction of the New Library. Section 2. In accordance with the above stated findings the Town Council hereby ratifies and affirms all actions taken by the Town Manager and Staff in negotiating with Kyburz Construction Co., Inc., for the construction of the New Library. Section 3. The Town Manager and Mayor are hereby directed to enter into a contract not to exceed the cost of 2.9 million with Kyburz Construction Co., Inc. far and on behalf of the Town. The Town Clerk is authorized and directed to attest said signature and to affix the Town seal to the contract. INTRODUCED, READ, APPROVED, AND ADOPTED THIS 1$th day of May, 1982. ~~ Rodney E . Slifer , Ma~r~ 1 ATTEST: Colleen M. Kline'; Towrf Clerk ~, ~..~. ~. ~ ~ RESOLUTION # 13 (Series of 1pf52 ) A RESOLUTIOi~ APPROVING AN INGRESS AND EGRESS EAaEMENT FOR THE VAIL WATER ANn SANITATIOI~I DISTRICT ACROSS THU SITE Y~NOWN AS THE OLD TOWN SHOP ~ ~ ITE FC?R THE PURPOSE OF ACCESS TO THE DISTRI~~T'S cEWETi. TREATMENT PLANT . {1 WHEREAS, the Vail Water and Sanitation District owns a parcel of property known as Tract C, Vail Village Second Filing, within the Town of Vail upon which a sewer treatment plant is located; and WHEREAS, the Town of Vail is the owner of a parcel of property adjacent to Tract C on the west, over which the Vail Water and Sanitation District requires access to the sewer treatment plant; and WHEREAS, it is the opinion of the Town Council that the Vail Water and Sanitation District should be granted a temporary easement for access. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, THAT: Section 1. The Town Council hereby authorizes and approves the granting of a temporary easement to the Vail Water and Sanitation District as more fully described on the attached Exhibit "A" on the terms and conditions expressed in the easement document, so long as the same are used for water and sanitation or governmental purposes. Section 2. The Mayor of the Town of Vail is hereby authorized and directed to execute a Temporary Easement Agreement with the Vail Water and Sanitation District for the property described on the attached Exhibit "A". The Town Clerk is authorized and directed to attest to said execution and affix the Town's seal to said Temporary Easement Agreement. INTRODUCED, READ AND ADOPTED THIS 18th day of 11~Iay i'? .~ ~~ r ~~J,, Rodfiey E. Slifer, 1la,y r ATTEST: 1982. Tit%/.'~~. ~UI /~`-~~C Colleen M. K1ine,~Town Clerk ~ ~ ~ TEMPORARY I,ASE4IENT KNOW ALL MEN BY THESE Pi3F:SL~VTS THAT THE TOtiJN OF VAIL, for Ten Dollars {$I0.00) and other goon and valuable considerations, hereby sel]_s and conveys to the Vail Water and Sanitation District, a quasi municipal corporation of the State of Colorado, a temporary easement for the purpose of ingress and egress over and across the parcels of real property, more particularly described in Exhibit "A" attached hereto and made a part hereof. This temporary access easement shall expire fifty {50) years after the date hereof, or until such time as the Grantee no longer maintains a sewage treatment facility on the adjacent property, or until such time as the Grantee no longer requires access to the adjacent property. (1) Except as specifically pr~svided herein, Grantor, its successors and assigns, shall not erect or place any permanent building, structure, improvement, fence or tree on the above described temporary easement aad Grantee shall not be liable for the removal if thereso placed. (2} Afrter sixty (60) days prior written notice to the Grantee, the Grantor may remove the within granted easement to another location so long as the relocated easement is no more restrictive than the easement herein granted. The cost of relocating the easement shall be the sole responsibility of the Grantor. (3) At such time and in the event that the easement described herein shall be abandoned, the property interest of Grantee in the easement shall immediately revert and be thereafter merged in the dominant estate. Acceptance of this easement by the Vail Water and Sanitation District shall constitute its agreement and consent to the within stated terms and conditions. SIGNED AND DELIVERED this 18th day of May , 1982. TOWN OF VAIL ATTEST: B . ;;~~ ~. y ti Rodney E~ Slifer/ Mayor r+.. t i ...~.. ~r rr i ... .. .~...., n i ,..,t, T~ ~ f ,,- . Vail Water and S.~nit.~:t:iclz Di;~tr.ic~. T~~orary ~1ccc s f~:~::~;r~,-~t Legal Description D~ SCRIPTZC3[V OF ~i i~,~i~T "A" , being a 20-f oat wide tcl~~r~ary acce.~s easement with shortened and e3ctonded side Iincs to if1~'~'t c~tistlny prgp- erty lines as shc•.~n on the ~cco~nying plat; located wiil~ir TRACT D, VAIL/LIONSHEAD 'T'HIRD FIL7T`G, according to tie .reccr•~ic~3 plat thereof, more ~rticu'larly described as follows: Coa,~~~cing at the west corner of said Tract D; (hence, N 73° 42' 37' E, and along the south line of said Tract D a distance of 37.53 feet to the point of beginning and centerline of said Easement "A"; thence, N 0° 06' 06" E, a distance of 2.19 feet to a point of intersection with the north line of said Tract D, said point being the te~-•~~n~l point of said Ease.~..nt "A" - - DESCRI.PTIGN OF EASEM~IT "B", being a 20 foot wide te«~.~,~ary access easement with shortened and extended side lines to meet existing , property lines as shown oa•z the accompanying plat; located within a part of TRP,CT C, VAIL VII~JAGE SF]COc~TD FZC,7NG, according to the re- corded plat thereof, more p~r`~-;cularly described as follaas: C~~~r„cncing at the NW carnet of said Tract C; thence, N 73° 42' 37" E and along the north line of said Tract C a distance of 37.53 feet to the point of beginning and centerline of said Eas~,~,t "B" ; thence, along the centerline on the following courses: 5 0° 05' 06" d+1, 96.08 feet to the point of curvature of a 35-foot radius curve having a chord beari.r-g S 50 ° 24' S9" E and length of 54.03 feet; thence, alcang said curve a distance of 62.72 feet to the paint of tangency with the south line of said Tract C a distance of 70.77 feet to the terminal point of said Easement "B" , such point also lying on the south line of said .Tract C, and 149.94 feet east of the SW corner of said Tract C. UESCFtXpTIC9.V OF F.A~F.~'[IIV*t "C", being a 15-foot wide ta,~rary access eas~,.~{t lying within an unplatted parcel of land within the NW 1/4, NW 1/4, Section 7, Toumship 5 South, Range 80 West of the 6th Princi- ~l ryarit3ian, Town of Vail., County of Eagle, State of Colorado, more particularly described as follows: C.a..,~cing at the Sw corner of Tract C, Vail Village Second filing, according to the recorded plat thereof; thence, N 79° 03' 56"Wand along the south line of said Tract C a distance of 45.00 feet to the point of beginning of said Fas~*~.nt "C"; thence, continuing along said seR.ith line a distance of 104.94 feet; thence, S 14° 46' 10" W, to the point of beginning. RESOLUTION # 14 (Series of 1982) A RESOLUTION OF THE TOWv COUi1CIL AUTHORIZING THE COIdVI~'~'ANCE OF CERTAIN PARCELS OF PROPERTY TO THE VAIL WATER AND SANITATION DISTRICT ; DIRECTING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO THE VAIL WATER WIND SANITATION DISTRICT FOR SAID PROPERTY; AUTHORIZING THE TOWN GLERK TO SAID EXECUTION AND AFFIX THE SEAL OF THE TOWN THERETO. WHEREAS, the Vail Water and Sanitation District owns a parcel of property known as Tract C, Vail Village Second Filing, within the Town of Vail upon which a sewer treatment plant is located; and, WHEREAS, the Town of Vail is the owner of three (3} small parcels of property that lie on three (3) sides of the sewex treatment plant of the Vail Water and Sanitation District and upon which portions of said plant are located; and WHEREAS, it is the opinion of the Town Council that so long as the property is used for water and sanitation or other govern- mental purposes that it should be held by the Vail Water and Sanitation District. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, THAT: Section 1. The Town Council hereby authorizes and approves the transfer by quit claim deed of three {3) parcels of property more fully described on the attached Exhibit "A" to the Vail Water and Sanitation District, so long as the same are used for water and sanitation or governmental purposes. Section 2. The Mayor of the Town of Vail is hereby authorized and directed to execute a quit claim deed to the Vail Water and Sanitation District for the property described on the attached Exhibit "A". The Town Clerk is authorized and directed to attest to said execution and affix the Town's seal to said quit claim deed. INTRODUCED, READ AND ADOPTED THIS 1st day of June 1982. f ~ ~ ~ ~~ ~ Rodney E/. Slifer, ~iiGlayor ATTE r ~ i C leen hi. dine, Town Clerk ~Zecordr+i:~t___~ ~o'i•I~~rk ~ t ec~~ptirin Itiri.. _.,...--. --.,_ -._ ..._ _ ____. THIS DEF'.D, Made this day of RECORDER'S BTAMl' l'~ g 2 between The Town of Vail, a Colorado municipal corporation eithe County of Eagle Rid state of Colorado, of the f+rst part, and the Va 1 1 ,rater an d Sanitation District, a Colorado quasi- municipal corporation whoseiegaladdressis 6950 West Beaver Creek Blvd. , -...,_ P.Q. Box Y, Avon, Colorado 81620 of the County of Eag ie and state of Colorado, of the second part, WITNESSETH, That the said part of the first part, for and in consideration of the sum of Ten and 00/100 -----------------------------------010.00} DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hs remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, ~ t S heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part hag in and to the following described lot or parcel of land situate, lying and being in the County of Eagle and State of Colorado, to wit: As described on the attached Exhibit "A" (no documentary fee required pursuant to CRS 39-13-104 (1) (a)) The granter grants all the above-described property to grantee and its successors or assigns so long as the property is used for water and sanitation, governmental or related purposes. if the above-described condition is breached by the grantee, the above-described property shall automatically revert to the grantor without it being necessary for the grantor to take any affirmative action to effectuate the reverter. also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estxte, right, title, interest and claim whatsoever, of the said part of the first part, either in Iaw or equity, to the only proper use, benefit and behaof of the said part of the second part, lt8 heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part ha S hereunto set i tShand and seal the day and year first above written. TOWN OF VAI L, a Colorado {SEAL] Signed, Sealed and Delivered in the Presence of municipal corporation ATTEST : tSEAL] R`~ • {SEAL] Rodney E. Slifer, Mayor Town Clerk {SEAL] STATE OF,COLORADO, ss. County of Eagl e The foregoing instrument was acknowledged before me this day of 1882,ey Rodney Slifer, Mayor, and Colleen Kline, Town Town of Vail, a Colorado municipal corporation. My commission expires ,19 .Witness my hand and official seal. Clerk, of the Notary Pu61ic. - . _ ~--__-^~w,.....,..~_-_---- -~----- -.- ... lYo.99S.~lnTrt.~tM13F.F.1l.16.~Jr,uJI•uhl,.h,ns.~M'~11 nr61..•..1.dcw.wd.l~r~u!ir rrnrr?rt.n~nNi-_n~Ni.~--~ #•,~ ll EXiiIL3IT "~" PARCEL 1 Tract D - Vail./Lio~ishead Third Filing, a~:cording. to the recorded plat thereof , excepting that part of Tract 1; describers as follows: Beginning 'at the .west c^-rner r^f said Tract D; thence, N 730 42' 37" E and alor_g •~;h~ south line of said Tract D a distance of 115.00 feet ; thence, 11 1 ~ 9~i' 10" W to a point of intersect ion with the north line of s~.id Tra~;t D; thence, S 70° 33' 28" W and along the north line of said Tract D to the point of beginning. PARCEL 2 A part of TRACT C, VAIL VILLAGE SECOND FILING, according to the recorded plat thereof, more particularly described as follows: Commencing at the NW corner of said Tract C; thence, N ?30 42' 37" E and along the north li$e of said Tract C, 145.00 feet to-the point of beginning; thence S 14 46' 10" E, 1.46.36 feet to a poin~ of inter- -~ section with the south line of said Tract C; thence S ?9 03' S6" W and along said south line 30.06 feet; thence,-N 14 46' 10" W, 143.55 feet to a 8oint of intersection with the north line-of said Tract C; thence N 73 42' 37" E and along the north line of Tract C, 30.00 feet to the point of beginning; containing 4,348 square feet more or less. .PARCEL 3 An unplatted parcel of land lying within the NW 1/4, NW 1/4, Section 7 Township 5 South, Range 80 West of the 6th Principal Meridian, Town of Vail, County of Eagle, State of Colorado, said upplatted parcel being more particularly described as follows: Beginning .at the SE corner of Lot 31,'VAIL VILLAGE SECOND FILING, according to the recorded plat thereof, said pointoalso lying on the - west right--of-way line of Forest Road; thence S 16 17' 23" E, 120.00 feet along said right-of-way line to a point of intersection with the approximate centerline of Gare Creeky thence, along said centerline on t~e following three courses: 5.73° 42' 37" W, 93.00 feet; thence N 78 37' 15" W, 87.67 feet; thence, S 81° 01' 38" W, 67.60 feet to a poin~ on the approximate centerline of said creek; thence, N 14 .46' 10" W, 79.20 feet to a point cif intersection with the south line of TRACT C, VAIL VILL~GE SECOND FILING, according to the recorded plat thereof; thence, N 79 03' S6" E, 90.99 fdet along the south line of said Tract C to the SW corner of said Lot. 31; thence, N 73 42' 37" E, 145.00 feet along the south line of said Lot 31, to the point of beginning; containing an area of 24,244 square fEEt more or less. ~ ~ • ~ t ~..i' .. ^. f... lor~o of sail ~~~,~~~iII~s'~ WHk,REAS, the Tawn of Vail is established as a premier Recreation and Resort Community; and WHEREAS, suitable and positive recreational experiences are vital to good physical and mental health and enhance the quality of life for all people; and WHEREAS, the National Recreatian and Park Association has designated the i4ianth of June, 1982, to be "National Park and Recreation Month" in an effort to promote annual obser- vances by Federal, State and Local Governments and encourage excellence in those agencies primarily responsible for the planning and management of our national parks, forest and water resources and those which support recreation and cultural or allied programs; and WHEREAS, the Town Council is of the opinion that all citizens and visitors can enjoy the out-of-doors through green spaces and park facilities and can fulfill their potential in the use of their leisure time through the varied individual and group opportunities provided by recreation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Town Council supports and declares the month of June, 1982, as Recreation and Park~M th in Vail. ATTES~~i _ ,~~, Rodney E~ Slifer, thiaybr i. IiL~i.n~~, '['~,tvn Cic~ri. D~.t.c~d: lJttnc~ 'L. 1983 ~`'cf ~f _1~~ sAM'7.7ri~i: ..~ ~'i~-^F~-'-~' ~u~`•fA non, r;t~ r? n~*r'_ c.. .: ° #~, ~. ~' ..~•.' 1.1 . 7r1J°.~~,{\~f\~ y \ JL..JfT 1n ,V nr A. ~~r.+.ilR~ .•V 1 ~Y ~ 1\` ~~ a~~ t,' r- --, _ .~- ~ !. RESOLUTION N0. 16 (Series of 1982) A RESOLU~~'ION REGARDING THE REPLACEMENT OF THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL, COLORADO. WHEREAS, Section 1.202 of the Zoning Ordinance, Ordina~~ce No. $, Series of T973, of the Town of Vail, Colorado, as amended, incorporated and ,adopted the Officias~ Zoning Map as a part of the ordinance; and WHEREAS, due to various changes in and additions to the Official Zoning i~iap which render it difficult to use, interpret, and reproduce, the Zoning Adminis- trator has recommended to the Town Council that said map be replaced in accordance with Section 18.08.440 of the Vail Municipal Gode; NOW, THEREFORE, HE 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 18.08.040 of the Vail Municipal Code 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 18.08.040 of the Vail Municipal Gode, the Town Council hereby replaces the Official Zoning Map through the adoption by this resolutio~~ of a new Official Zoning Map incorporated by reference hereinwhich shall supersede the prior map, said new Official Zoning Map being identified by the signature of the Mayor, attested to by the Town Clerk and bearing the Seal of the Town, and being dated the 15th day of June, 1982. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, THIS 15th Day of June 1982. _~ ~ .,. , -~ /~ _ F/ Mayor ~~ ~ ATTEST ~~ ~~ ~ Town erk r° f , .r _ . ~ ~ RESOLUTION #17 !Series of I.982) A RESOLUTION CAF THE TOWN OF VAIL, COLORADO, EXPRESSING ITS OPPOSITION TO THE PROPOSED HOMESTP.KE II PROJECT. WHEREAS, the Town of Vail is dependent upon recreational r?riented tourism in our community and in the immediate area; and WHEREAS, the diversion of western slope water to the front range of Colorado can serve to cause a deterioration in the recreational opportunities and environmental quality of the Vail area which could directly affect tourism; and WHEREAS, the western slope of Colorado is facing increased demands for water to serve future growth including anticipated growth due to energy development; and WHEREAS, the Town is concerned about the cumulative environmental impacts to Western Colorado of proposed transmountain diversion projects; and WHEREAS, the Town believes that continued and more detailed analysis must be made by the U.S. Forest Service and other appropriate entities relative to the alternatives to transmountain diversion; and WHEREAS, the Draft Environmental Impact Statement for the Homestake Project Phase II does not address all of the potential impacts of the proposed Homestake TI Project, such as the disposition of waste material generated by the proposed construction; and WHEREAS, the approval of Homestake Project Phase II should not occur until after a full and formal commitment is obtained by its proponents to undertake necessary revegetation caused by the construction of Homestake I; NOW, THEREFORE, SE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, that the Town of Vail expresses its opposition to the proposed Homestake Project Phase II as currently presented. PASSES AND ADOPTED THIS 6TH DAY OF JULY, 1.982. ="~ /' ~.. / , Rodney E . S1'ifer , b7a~Jor ~ ATTEST: .~~ ~zr Col een M, Kline, Towri Clerk RESOLUTION # IS SERIES OF 1982 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, STATING THL TOWN', INTENT TO WITHDRAW FROM THE COLORADO FIRE AND POLICE PENSION ASSOCIATION WHEREAS, the Town of Vail is presently maint~.ir.ing police and fire employees in three (3) different pension plans, the Town of Vail Folice Pension Plan, the Town of Vail Fire Pension Plan and the F.P.P.A; and WHEREAS, the Town Council has directed the Personnel Director to investigate alternative pension plans for the purpose of consolidating all police and fire employees into one (1) pension program; and WHEREAS, the Town of Vail wishes to exercise control of the cost of funding a retirement program for said employees; and WHEREAS, the effected police and fire employees of the Town of Vail have expressed a strong interest in establishing a defined contri- bution (money purchase) plan; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town of Vail intends to withdraw from the State of Colorado Fire and Police Pension Association for the purpose of esta- bushing a defined contribution (money purchase) plan. Section 2. It is the intent of the Town to consolidate all employees presently in the Police Pension Plan who were hired prior to April S, 1978, those in the Fire Pension Plan hired prior to April 8, 1978, and new employees enrolled in the Fire and Police Pension Association hired after April 8, 1978. Section 3. Notice at' intent to withdraw is filed pursuant to 31-30-1003.2 of the Colorado Revised Statutes 1973, as amended, as well as any applicable Fire and Police Pension Association rules, with intended date of withdrawal from the Fire and Police Pension Association hereby set at January ~., 1983. READ, PASSED AND APPROVED THIS 3rd day of August, 19F2, by the Town Council of the Town of Vail., Colorado. Hadney E . if er , ;~~fay~r ATTEST: ~ ~~ J . 1 _y,_...,.; ,~ a y_a r RESOLUTION #~9 (Series of 1982) A RESOLUTION EXERCISING THE OPTION AND OBI,IGATTON OF THE TOjYN COUNCIL TG REDEEM CERTAIN OF ITS TOw~1 OF VAIL, COLGF~ADO, STREET IMPROVEMENT DISTRICT NO. 1 LOCAL IMPROVEMENT BONDS, SERIES OF OCTOBER 1, 1976 , PRIOR TO MATURITY , AND AUTIiORIZING THE MAILING AND PUBLICATION OF NOTICE THEREOF. WHEREAS, pursuant to Ordinance No. 27, Series ox 1976, the Town Council has heretofore issued, sold and delivered its Town of Vail, Colorado Street Improvement District Na. 1, Local Improvement Bonds, Series of October 1, 1976, dated October 1, 1976, in the principal amount of $540,000 ("The Bonds"); WHEREAS, Section 6 of said ordinance provides that whenever on any interest payment date there exist in the "Town of Vail, Colorado, Street Improvement District No. 1, Local Improvement Bonds, Series of October 1, 1976, Bond and Interest Fund" {"The Bond Fund") sufficient funds exceeding six months' interest on the unpaid balance of the bonds issued and outstanding, the Town Council must exercise its option to redeem the bonds of the issue in regular numerical order to the extent possible at a price ecluai to the principal amount of each bond so redeemed plus accrued interest thereon to the redemption date; and WHEREAS, the Town Council hereby finds that there exists in the Bond Fund the sum of $60,400.00 exceeding six months' interest on the unpaid balance of the Bonds issued and outstanding, said sum. being sufficient to redeem 11 of the Bonds, in the denomination of $5,000. each, aggregating $60,000.00 in principal amount; NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section ].. The Town Council hereby finds that there exists in the Bond Fund the sum of $60,000.00 exceeding six months' interest on the unpaid balance of the Bonds issued and outstanding, said ~.. ` J ~ ~ sum being sufficient to redeem 12 of the Bonds, in the denomination of $S,000.0o each, aggregating $60,000.00 in principal amount. Section 2. The Town Council hereby Pxercises its option to redeem those Bonds number 97 t~ ]08, in the denomination of $5,000.00 ea•;h, aggregating in princi°~al amount, priox to them maturity date, ali October 1, 1986, at the redemption price consisting of ttie principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date, payable at United Bank of Denver National Association, Denver, Colorado, as provided more fully in the form at notice hereinafter prescribed. Section 3. The Town Clerk shall cause a Notice of Partial Redemption in the following form to be published at least once in the Vail Trail and sent by first-class postage prepaid mail to the holder of each of the Bonds being redeemed, if the names and addresses of such holders have been recorded with the Town Clerk, at least thirty (30} daps prior to the redemption date: {Form of Notice) NOTICE OF PARTIAL REDEMPTION OF TOWN OF VAIL, COLORADO STREET IMPROVEMENT DISTRICT N0. 1 LOCAL IMPROVEMENT BONDS, SERIES OCTOBER 1, 1976 NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail, Colorado has exercised its option to redeem bonds numbered 97 to 108 of the above-designated issue, in the denomination o~ $5,000.00 each, aggregating $60,000.00 in the principal amount, pxior to their maturity date, on October 1, 1986, as a redemption price consisting of the principal amount of each bond so redeemed plus accrued interest thereon to said redemption date. On said redemption date there will become due and payable in lawful money of the United States of America, without deduction for exchange or collection charges, for each of the above-designated bonds of the above-designated series, at United Bank of Denver National Association, Denver, Colorado, the principal amount of each such bond -2- __ .~ ~- ,_ plus accrued interest therf~on to said redemption date, and from ar=d after said redemption date interest the~.~eon will cease to accrue. Each such bond will be rr~dees~ed on or after said redemptio~~ date upon presentation and surrender of such band, accompanied by all of its coupons for interest iraturina after said date, by the payment of the principal amount therEC~f. Ar.y coupons appurtenant to such bonds for interest payable on or before the designated redemption date may be attached to such bond for the payment of accrued interest to said redemption date with the payment of such principal, or such coupons, if detached from any such bond by its holder, may be presented separately for payment in the usual course. DATED at Vail, Colorado this ' day of August, 198. TOWN OF VAIL, COLORADO Town Clerk ( S E A L ) Publish in the Vail Trail Publish on ~ ~ t ~~ 1982. Section 4. All actions not inconsistent with the provisions of this resolution, heretofore taken by the officers of the Town, whether elected or appointed, directed towards the redemption of the Bonds as hereinbefore provided are hereby ratified, approved and confirmed. Section 5. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, except that this repealer shall. not be construed to revive any resolution, or part thereof, heretofore repealed, Section 6. If any section, paragraph, clause of provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this resolution. -3- .~~ Section 7. This resolution shall take effect immediately upon its adoption. INTRODtT~'FT] , READ , APPR(]V~ED AN:} ADOPTED THIS ~~ day of August , 1982. ATTEST: Town Clerk Mayor ~ ~ °" j/ ~ ~ -4- fl RESOLUTIDN NO. 1L ~. , _ E:nries of f P62 ~ _ q F ITION EXERCI51*JG THE OPTION ANL :CATION DF THE TOWN GDI7NCIL TO HE DEEM CERTAIN OF ITS 7p WN OF VAtL GOLORAbO. STAECT IMpROYEMCNT - p15TAIGT N6 1 LOCAL U.r F•RDYE ME N7 BONDS SERIT:5 OF OCTOBER 7, t97G. RRIDR TO MAI UAITY, ANb AVTHpHl7!NG THE MAILING AND PUBLICATION OF NOTICE THEREOF- ._ " WHEREAS. purr ue nl l0 Gr Ornance No Z7, Srnes of 19Th. the 7 own GOUnCII haI herd of pre issued, sold and tlrurerrd ns Town o! V,aii. Doi oratlo Strel; ImFrrprement DrslnCt Np 1, Lord Improve meni E+nnds. Sears of October 1. 1976. delrtl October }, 1576. rn the pnncrpel ampum of SSap 000 I- Fhe 9onOS'J; - WHEREAS, Srclron G 01 card nrdrnanrs prwloes 1ha1 whpnevm an arty msrrest payment date }Here eaisi In Toe "'TDwn of VaIL (',plpratlD, Sireel Improve mrnE Dostncl No T, . Local Improve meni Bontls, Se*rrs of October t. ' 1976. Etond and Interst Fund" ('"T hr Fond Fund") sufflGent Lundy patreding sif mom RS' interrsl on The uhparC ba:e rice pt snr buntls rss ueC and out s;anolnG thr-TCwn Counu!musl erer[r5e il5 Op1rDn 1C redfrm Ina DonpS O! the IyfUe 1rr reQplaf nlJmeflcal Orpr! JC Ihf fltlP R: pCSS ib IF eta pace Eo UaI 1O 11+P pilnCl^ra~ amOUn; of each band so IedeemeC plus ac cr uetl rnirr eSl Inereon to the rppemt,lrpn Hate ertC 4'~HER~A$, the Tpwn GDUnGI hfrcbv lrnds that the+e earsls in Ihr Bpnd Fund inf some p} 560.000 DCI eacredrng sry mpn;h5~ rn+erest on the unpaid Ga:ance o! the Roncs rssuep anC Oul standr rig saki svm bein0 wil~nent to repeem 1} o' lhp Bond s, in the oenp^,rnatro7r p! 55.000 each, aggrrgatr rig 560.D0000 ir, pnnupal amount; NDri'.'THEAEFORE BE JT RESGLVEB By THE TOWN COUNCIL {sF THE TOV.'N OF VAIk. COtORA60, THAT: ~ SEC7JON 7_ The Town Council hereoy lrndy ihal there ecisty In the 6pndfuntlthe sum o: 550.D00.00ea[rrtling sic months' Imp•e51 on the unpaVtl balance of the 5Unes res urC antl oulstandrng, card Sum beln4 yuFlrp ie nl 1D rearEm }ZOI the 60ndy, In 1nf Drn Drntnal pn^{ 55,itp000 each, agprepatrng 560,000.00 In pnncipa! amount. ' SECTION 2. Thr Town Council heret,y exrreses its option tD rapt-em IhUSe 6pnps num5er g7 tp 10E. rc 1ne Cenom,nanan of 5500000 e.th. agprrcaang In {,rlnc pal a mpun;, prior le iherr m,a+urev date pn G[~pbe• 1. 1c5L e7 the revrn,al,on p„ar cors~st,r.p p' the poop, al amwnl U! each acnC 50 Ic•cfe hlrC pies accr ueC rn ]t 7nelre• Ip the t[•Or.T pion case pa}'a c.ir1 2e Uc,:ed = .r. p! f.Jr over Na1lp r,ei Asa pcialrpn, ;'f nve• C~~Dri•CC ar prvv:nrd m{~,r }ul~, rn L':e farm z~ .~ r;e nrrr=nar.e: p.rscrl;,ec " SECTION 3. Tnr Town Err. nsrh ca_s[ r Ncrrce a' Pa ^..E' F-r nrrr, ~• „ rr, 1•~e Ir ., _ ln'm. SG fr F'v.': rrr' r; Ir F.^ Hove rr. i nP 1L ira.l artC .rn: h~ }rrtiS-[Ic'S lr<.. r'r.t: ' Ia tnr nnlnw ni ,; r n! r,r E nr rr^rP n,rC 111~p ramr' r':f' ann: r• •~ r hUinrrs navy Lrrn rrcrn nrn w1 Y~r ~r~+ Clrrr a! leis: Ihrny [3L1 cay:.•pn p• tc tt:r rrormptrvn calr {Farm cf NGhrr7 NpTJCE CF ~AATIAL. JaEDEMPTION GF TOWN OF VAII, CGLGRAE70 STREET IMPROVEJvSENT DISTRICT NO. i kOGAL~MPROVEMENTEONDS SERIES OCT06ER }. 197E NOTICE IS HEREBY GI'/EN Eha! ror T nwr Gaunol of me Tpwn pt Yap: Gnio.epU f,et e•sr a:e:[I rla OpSrpnlO rrc rrm ann ca Hum;+•r_ 971a 1D( pl Ihr ePprr-Phrp~.a:ro :ss car In -1r penummahon pl SS DOG OC eacn, ^gq•ra!rn~ f f><l GAD 00 r n me pr Inc:;a i a m writ O+r n Ip Ryr• maturny aete, pn Geenhar 1 19BF, u a rwempmon Prrte cons a+mq or Ina on ncrpY ^mwT1 O! each DonC a0 IFtl lr mwC prw accruetl Irn rr eat 1nt.reon tC far4 reoempuon calr tr, sard rroemplrpn tale rr+rre wdl prc;'mr our anC Ln raple u, Irw1w mpnrv D: Vrr Un~1ea - S1a5rS C! Ar*ienq, w•:n oU: pro.rChnr !Dr rcc r.a~~pe or eO~recJron cnar~rs Iw rech p; Inv ^ovvr-ors rpnarec honor o' ror arx~+r crs;gnatec se,res at Unrlrc Ran. o! Lrnvr~ Nae,p~al Assexreuon fxnve• CornradC. Inv prmcrp+~ amount o+ ravn auto r1c:x Jp us aac: card rnrr+eyt Ihrrppr tc sy,C rear mp',on Case end Irpm, anC e!1r• u+a rr~rn p:•nr, calr enlrresi ;hY^r(M w,li crave lr ia[fyr [acre LL>Cr M+ntl wrU br rr Orr mra on d arle• sa.C rearmplrhn Cnr uDpn prrxntatrpr: enC wrrrr,0er pf suan bo nC accvm[,a n.r0 pv an C' rla c~uppny la rnl r•rgf mY Urrnv after-a~C aa,r by the pavmrm Ot rhr pr+nu:,a ~~ ^mvvnl J'1r+cr' Any CiJUppny apLV nrrta n! i0 loth !rung] Id Inirr ry; pa Va brr nrt O: Drrore 1',! a!a•_na'.rC rrprm pl+pn Lalr mew tx a:la Ct,rtl lC, !uC': ir::T lo. Ihr parmrm D: aCCr ulIC rnlr: r]i I. faav rrtlrmptron Gatr w31R Shr `.a yn,rn' p! f1Yr pr rnc4ual. or yuah CO UnOrli 1: ar:eCr.rG rr(xr. lnV fJCn DDn~ by na tiptop' m.ey JC i1'C}r'~1 rC yrpa•ately tp[ pevment rn for us.la~ ca urx DATED a! VaJ. Go+ora pv Ira ~7Ir. cay n' August 1982 TOWN D~ VAf_ CD[C•=4~~ „ -qL ~u: s• rC a - "rei SE GTrON 4 w;~ ate ' n~' : , .. ~ •• w:ir rr+r ..n •514`15 C.'' .. _ .. .:r"!'['!Grr h• Ihr [" r'S C' ~Jr 7V:~ err. ror: err s.rrea ra! ,•r_ .. ...~[ a•ic car . rr •..rp SE GTION a Ali era. :.:'~:. ^rs o• :~a •:a ••rro' .. cc. ~. ..-s:..,r.- arc r:ry fC:+ a ti r. ar p' S'•Y [ .~'r~r S'd! c a.. ar o- C•p.~s:tr o' 1.-a:.._ _Y •.a ~^1r- art. rrewn ue r,.+c rrr~ ar yr:n.c°~ :naq'a/M c.ar-a n• T_ ,.err c' [*. s .rfat„~.Pr. „r CTrON 7. Tr... rr.-. ~•~.r .a.r I/.T4^::.I_1 N f.l A~ L:,i F.;:a 1 A+,~ D1. ~-[ IN J LJLL r••e 17tr cy. :' •,.~.,f .. 1Ci h^. ~''-r \'AI~ r.rrvr. wTTC S7 ~...», v r.+.r.r + r . Gen r`y, tr .. .y. 1 .. ''_~;- F ~ ~'y +d.~- - ~ '~? rrt ;. yyy~~ ~ k: "rift 7t--?r'Y -.~: i ;"~j~8 t r .~ ~ f ~" ', - t { RESOLUTION ,~19 - q (Series of 1982) A RESOLUTION OF THE TOWN COUNCIL ~r3TFI0RIZING T'iE TOWN TO CUMivIIT THE SUl4i OF $47 , 360.00 FOR T`HE LII'T OPERATING BUDGET FOR 1983 ; AND r~T1TH0:-IZING THE TOWN MANAGER TO EXECUTE ALL NECESSARY rOCiJMENTS PERTAINING HERETO. WHEREAS, the operating budget for Thr~ Lift for 1983 is $132,200.00; and WHEREAS, the Federal Government is contributing $67,340.00 to The Lift budget for 19$3; and WHEREAS, revenues from The Lift are projected to be $1.7,500.00 for 1983; and WHEREAS, a local commitment in the amount of $47,360.00 is required; and WHEREAS, the Town of Avon and the County of Eagle will be reimbursing the Town one third (1/3} each of said local commitment; NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, that: Section I. The Town of Vail commit $47,360.00 to The Lift budget for the year 1983. Section II. The Town Manager is hereby authorized to execute for and on behalf of the Town all documents necessary to comply with this Resolution. Section III. The Town Clerk is directed to attest to the signature of the Town Manager and to affix the seal of the Town to any said documents. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of August, 19s2 . ~~ ~~ Ro ney E. ~Iifer, I4I ors ATTEST: _ _ ~/ Col een'"M. Kline, own Clerk-' ..., RESOLlJ7s° ~' 2~ 1 r '- t ~~ ~"' Seri ~. _~s2 R~SOLUTI{~N iPANSFI;RRING TO 2'IESA COUNTY, COLORADO THE ALLO- CATION ©F THE `1'Oli.IkOF VAIL, COLORADO UNDER SECTION 29-4-803 AND SECTION 29-4-805 OF COLORADO REVISED STATUTES 1973, AS AMENDED, TO FINANCE MORTGAGE LOANS Ta PROVIDE N,ORE ADEQUATE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE-INCOME FAI`1IL IES AND PERSONS WITHIN I~iESA COUNTY AND WITHIN THE CITY WHICH IS I.,OCATED WITHIN EAGLE COUAT7.'I', AND ELSEWHERE IN THE STATE OF COLORADO; DELEGATING THE AUTHORITY TO ISSUE REVEI`UE BONDS TO FINANCE SAID AORTGAGE LOANS 4JITHIN TI3E CITy~ ANp AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF AN F~LOCATION TRANSFER AGREEMENT AND A DELEGATION AGREEI`iENT. ~dHEREAS, the City of Vaii, Colorado {the "City") and Mesa County, Colorado {"Mesa County") are each authorized by the County and I•Iunicipal ity Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes 1973. as amended (the "Project Act'T) , to f ir_ance, ref finance, acquire, own, lease, improve and dis- ease of proper ties to the end that mare adequate residential housing facilities for J.ow- and middle-income families and persons may be provided, which promote the public health, welfare, safety, conve- nience and prosperity; and WHEREAS, the I~iortgac~e Subsidy Band Tax Act of 1980, codi-. f ied as Section 103A of the Tnterral Revenue Code of 1954, as amended (the "Federal Act"}, restricts the amount of tax exempt obligations which may be issued by the Calorado Housing Finance Authority and local governmental units in the State of Calorado (the "State") to finance singlE-family mortgages to an amount not exceeding the State ceiling; and WHEREAS, the Federal Act authorizes the states to provide a formula for aZlocatirig the respective state ceilings among the gov- ernmental units in such states in a manner different from the federal allocation formula, and the State of Colorado has provided for such -2- ,.... t an alternate formula for allocation by the enactment into law of Senate Bill No, 112, codified as Part $ of Article 4 of Title 29 of Colorado Revised Statutes 1973, as amended (the "Allocation Act"); and t~,HEREAS, the Allocation Act authorizes governmental units in the State to transfer all or a part of their allocations provided for in the Allocation Act to any other entity otherwise authorizes to issue bonds to finance single-family mortgages and to accept trans- fers of such allocations; and ~'7HEREAS, the Project Act and Part 2 of Article I of Title 29, Colorado Revised Statutes 1973, as amended, provide, in effect, that any county and municipality may by resolution or ordi- nance delegate to any other county or municipality its authority under the Project Act to finance projects under the Project Act; and ~ti'i?EREAS, the City and Mesa County deem it necessary and advisable that a program be made available for the origination and servicing of mortgage loans for residential housing facilities for low- «nd middle-income families and persons tthe "Mortgage Loans") in order to increase the supply of money available for mortgages so that families and persons of low-- and middle-income may finance the pur- chase of residential housing facilities at less than the prevailing market interest rate, thereby providing more adequate residential housing facilities for low- and middle--income families and persons within both the City and Mesa County and elsewhere in the State; and ~7~iEREAS, the City desires to transfer to Mesa County its allocation under Section 29-4-803 of the Allocation Act to finance P;ortgage Leans to provide more adequate residential housing facili- ties for low- and middle-income families and persons within Mesa County and the City and elsewhere within the State; and WF3EREAS, the City desires to delegate to Mesa County the authority to act on its behalf in the issuance of qualified mortgage bonds pursuant to the allocation granted under Section 29-4-805 of -3- ..-r, the Allocation Act and to transfer the City's allocation under Section 2°--'-8Q5 of the Allocation Act to fin,xnce Mortgage Loans to provide more adequate residential pausing facilities for iaw- and middle-inco;ae families and persons within Me;~a County and the City and elsewhere within the State; and Y~'fiEFEP.S, the City desires to delegate to Mesa County its power under the Project Act to issue revenue bonds to finance t~fortsage Loans to provide more adequate residential housing facili- ties for low- and middle-income families and persons within the City; and WHEREAS, Mesa Caunty desires to accept such transfers and delegation and to finance T~ortgage Loans to provide more adequate residential pausing facilities for low- and middle-income families and persons within Mesa County and the City and elsewhere within the State; and wEEREP.S, economies of time and expense will result from one governmental, unit financing P~ortgage Loans to provide more adequate residential housing facilities for low- and middle-income families and persons within both the City and Mesa County and elsewhere within the State; and Y~'T3EREAS, it is necessary to evidence such transfers and the acceptance of such transfers by the Allocation Transfer Agreement attached hereto as Exhibit A (the "Allocation Transfer Agreement") which will be e~:ecuted and aelivered by the City and Mesa County; and WHEREAS, it is necessary to evidence such delegation and the acceptance of such delegation by the Delegation Agreement attached hereto as Exhibit B (the "Delegation Agreement"? which will be executed and delivered by the City and Mesa Caunty. NOI~, THEREFORE, BE ST RESOLVED BY THE CITY COUNCxL OF THE CITY OF VAIL, COLORADO: -4- ,\ ~~ Section 1. In order to insure the financing of Mortgage Loans to provide i„ore adequate residential housing facilities far low- and middle-income families and persons within the City at the earliest possible date, which will promote the public health, wel- fare, safety, convenience and prosperity of the inhabitants of the City, it is deemed necessary and advisable that the Allocation Transfer Agreement and the Delegation Agreement be approved, executed and delivered by and on behalf of the City. Section 2. The form, terms and provisions of the Allocation Transfer Agreement and the Delegation Agreement hereby are approved and the 1~layor of the City and the City Clerk hereby are authorized and directed to execute and deliver the Allocation Transfer Agreement and the Delegation Agreement. Town bean alter Section 3. The r;ayor, /and the City Clerk hereby are autho- rized and directed to take such other steps or actions as may be required to carry out the terms and intent of this resolution, the Allocation Transfer Agreement and the Delegation Agreement, Section 4. Nothing contained in this resolution, in the Allocation Transfer Agreement or in the Delegation Agreement shall obligate the City, e xcept to the extent described in the Allocation Transfer Agreement and in the Delegation Agreement, nor constitute the debt or indebtedness of the City within the meaning of the Constitution ar statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary Liability of the City or a charge against its general credit or taxing powers. Section ~. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 6. All action that inconsistent with the provisions of this resolution) heretofore taken by the City Council -5- ,--. and the officers of the City directed toward the authorization of the allocation Transfer Agreement and the Delegation Agreement hereby is radified, approved and confirmed. Section 7, This resolution shall be in full force and effect upon its passage and approval. PASSED, ADOPTED AND APPROVED this 7th day of September, 7982. ~~ ~ .~ MRYOR I ~ V (SEAL) ATTEST: ~~r G~ , ~6- r-- Thereupon, the presid~.ng officer declared the motion car- ried and the resolution duly passed and adopted. After other action or ausiness not related to the foregoing resolution, an motion duly made, seconded and adopted, the meeting thereupon adjourned. r ~~ -„ ~ ~~~ Mayor ' (SEAT,) Attest City Clerk -g_ -rr-._ CGUNTY 0~' EAGLE ) SS . CITY OF VAIL i L I~ Colleen hi. Kline ~ the duly qual.ii: ~.~ and acting City Clerk of the City of Vail, Colorado tthe "City"), in the County of Eagle and State of Colorado, do hereby certify: ' 1. The foregoing Forges numbered -~.- to -'~ -, inclusive, are a true, perfect and complete copy of the record of proceedings of the City Council of the City had and taken at a lawful meeting of the City Council held at Council,. Chambers , _Town.-of_Vai7 ~ , Vail ~ Colorado on Tues . ,Sept . 7 ~ 1g82 at 7 ; 30 pm., a5 recorded in the regular official book of the proceedings of the City kept i.n my off ice so far as the proceedings relate to the resolution therein set forth, the proceedings t~~ere duly had and taken as therein shown, the meeting therein shown was duly held, and the persons therein named were present at the r~~eeting as therein shown. 2. All members of the City Council were duly notified of the meeting, pursuant to law. IN WITNESS WHEREOF, T have hereunto set my hand and affixed the seal of the City this 7th day of scent-, - , 1982. ,~ , ~~ ~~~ City Cler k C `+uH~r -gr .. .,~,_„ c~ ~ ~ T.. I cn Z O n T. .-` ~ m O n ,,~~nnvv w z ~ < R ~ ~ ,D I m~ m vi YR I en -f 1 I I I I C~ i ~I~ I f F~ I i flp a I i~ I i--s i !~ I n! !~i I I~ „ o 3 ~ ~' I T I 11\,`~ I I ~~ I I ~ 1 1 _ ~~ ~i ~ z F W s ~~ D ~ T 2 °z`cm-+ ~ I rmm~~ m Y m P I^ ---- N D ~~ ~~~ ; z ~~ r a -~.{ XZ ~~ A N `^ Hm ° ~ z ~ 1 i ~ ~ ~'I ;1 m'~CnO ~OD2~ ooz~nz ~ ~o°z~~ ~~pZ s ~ ~ N1 6r m ~ ~~ ~~ ~rS ~~ ~VNi'~` n ~Y q N q h F N N i ~~ '~ ~~ INGT NEGOTIABLEI BuB,IECT TO TARIFF NEGUUTIQNS LIABILITY:r Tait tarritr will not pry Iqt a tlnwOt clnmt Derr i1m arr thiPrMnt unltta a PMeN 1'YIW ii tl~Cllrttl Intl cletrptt Tur Wdt IIwtM Nlw gltl. RltsinWm w~wewn Tor any Dry shipment Is HmitM M uliN. 43+e T~ritt For Invleme• -.wr1. wr~Or ~~ --il- __ Est FigFitk Avenue ~- - • ~T.~~ ., rr, i olorncf~ 8U203.371h / 303 Shl tia~~ C ~~(Or-actc~ J{~~rrtiirtc~ ~~iriiin~i .ltrtltor•it~~ -- __._ __ -- r1ugust 23, 1982 iV1r. Richard {~aplan, l4ianager City of Vail 75 S. Frontage Road Vail, CO 81657 Dear cVlr. Caplan: Re: Senate Bill 112 As authorized by the federal il~ortgage Subsidy Bond Tax Act of 1980 ("~~15BTA"), the Colorado General Assembly adapted S13 112 {the "Act"} which provides the following formula for allocation of the "state ceiling" for qualified mortgage bonds which may be issued in any calendar year by the Colorado Housing Finance Authority and local governmental units: a. one-half to the Colorado Housing Finance Authority (CHFA) b. one-half to local governmental units (city, city and county, town or county) in accordance with the allocation formula specified in the Act. The 1982 state ceiling for Colorado, based upon figures published by the U.S. Treasury Department, is $293,000,000. Application of the Act's allocation formula provides authority to your governmental unit to issue up to $165,912.75 in qualified mortgage bonds. The Act stipulates that these bonds must be issued by October 1, 1982 or, alternatively, that the allocation for ail or a portion of these bonds may be transferred to the Colorado Housing Finance Authority or another local governmental unit. Any portion of an issuer's allocation as to which it has neither issued qualified mortgage bonds nor transferred its allocation is forfeited on (7ctober 1, and all unused allocations then will be pooled and reallocated. COL. .,~0 ]i0U5It~G FINAtVCE AUI'H+.~~~~~ Y Senate bill 112 Fage -2- After reviewing the amount allocated to your governmental unit, you may decide that the issuance of bonds is not feasible. If you elect not to issue bonds with the above allocation, your governmental unit has three options: 1. You may transfer all or a part of your allocation to the Colorado Housing Finance Authority by ordinance or resolution {as required by applicable law). However, it is unlikely that the Authority, which recently sold $66 million in qualified mortgage bonds, will be in a position to issue additional bonds by the October 1 deadline. if you still wish to transfer your allocation to the Authority, an ordinance or resolution must be adopted and must be effective as of September 15, 1982. Please contact the Authority as to the form of such ordinance or resolution. 2. You may trans#er all or a part of your allocation to one or more other "local governmental units". 3. You may do nothing, in which case your allocation is forfeited as of October 1, 1982, pooled with all other unused allocations, and reallocated pursuant to the procedures set forth in the Act. Whatever you decide to da with respect to your original allocation, you also may wish to participate in the pool of unused allocations. To receive an allocation from the pool, you must take "official action" by September 15, indicating your intent to issue qualified mortgage bonds pursuant to the x'vf513TA by December 31, 1982, and file with the Qirector of the State Division of Housing by September 15 a copy of the resolution or motion adopted by your governing body evidencing such official action. The allocation you receive from the pool may be used to issue bonds or may be transferred to the Colorado Housing Finance Authority or to another governmental unit. (Unce you receive your allocation, and if you wish to transfer all or a portion of it to the Authority, please contact the Authority as to the form of resolution or ordinance. The Authority intends to issue additional qualified mortgage bonds by December 31. The Authority would make every effort to use any allocation you may choose to transfer in such band issue and to see that funds in the amount of the transfer are used to provide mortgage loans in your jurisdiction. If you have any questions please Gail aim t~oberts, Faye Allman or the undersigned at our office. Sincerely, ~;i!,~u-tom'/`"~.~ ~~ "~-L ~-~-~ 1.~ -- ~. David W. Herlinger . l~xecutive Director DWH/tmw ~i: C~,~.G~~O~ a"~"~ CERTIFIED RECORD OF PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION INITIATING A SPECIAL AND LOCAL IMPROVEMENT PROJECT FOR THE LIONSHEAD MALL STATE OF COLORADO ) COUNTY OF EAGLE ) ss, TOWN OF VAIL ) The Town Council of the Town of Vail, Colorado, met in regular session at the Vail Municipal Building, Vail, Colorado. the regular meeting .p lace thereof, on Tuesday, the 5th day of October, 1982, at the hour of 7:30 p.m. The following members of the Town Council were gresent; Mayor: Rod Slifer Council Members: Chuck Anderson ' Paul Johns -.~ Herman Stauf~er Ronald Todd - Gail Wahrlich Bill Wilto The following members of the Town Council were absent: ~s`.~~ The following persons were also present: Town Manager: Richard Gaplan Town Director of Finance; Wiliam Pyka Town Attorney: Lawrence A. Eskwith Town Clerk: ~ Colleen~Nl. Kline Thereupon the following proceedings, among others. were had and taken: J -1- -_ .~ Council Member , ~~ ,~~nF,.,,~~, ~.~ _ ~t.~.t~, ~.rftroduced and L~1 ~ ~ 1~~ mov1ed the passage and adoption of the following Resolution which was then read by title, sufficient copies thereof having previously been made available to the Town Council and to the public: --2- 1 ~~ RESOLUTION #21 (SERIES OF 1.982) r ITEM Nq('~" G DATE: /~ 'S' ~°Z A RESOLUTION INITIATING A SPECIAL AND LOCAL IMPROVEMENT PROJECT FOR THE VAIL LIONSHEAD MALL AND ADJACENT AREA; DIRECTING THE TOWN MANAGER TO HOLD ADMINISTRATIVE HEARINGS AND OTHER PROCEDURES FOR THE IItiPLEMENTATION THEREOF; RATIFYING AND APPROVING WORK PREVIOUSLY DONE BY THE ADMINISTRATION ON SAID SPECIAL AND LOCAL IMPROVEMENT PROJECT; AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, it is the opinion of the Town Council that certain improvements should be made to the Vail Lionshead Mall and surrounding areas; and WHEREAS, said improvements are necessary to protect and preserve public areas and ways within the Town; and WHEREAS, said project is necessary for the full and complete use and enjoyment of the private property in the Lionshead area; an d WHEREAS, it is the belief of the Town Council. that said improvements will confer special benefits of a local nature on the private property inthe Vail Lionshead area; and BE IT RESOLVED AND ORDERED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: J~. There is hereby initiated by this Resolution a special and local improvement project to construct and instill certain improve- ments to the Vail Lionshead Mall and surrounding areas, including, but not limited to, replacing paving in major areas of the mall, re- locating planting areas, providing new focal points of interest, unifying and upgrading utility systems, providing emergency access to all areas of the mall, instilling a cascading fountain, a sculpture plaza, a new lighting system, benches, kiosks, planters, bicycle racks, drinking fountains, anti other amenities, and generally improving the aesthetic quality of the mall and its surrounding area. 2. The Town Manager or his authorized agents are hereby directed to proceed with the project by holding such adminis~tra~ive hearings and investigations as they may deem necessary or appropra_ate -.. ~~l ~I. to inform affected property owners about the project and the assessments proposed and to obtain their reactions thereto, to implement the project, and to recommend to the Town Council for its consideration and adoption the manner of construction and installation of the project, the extent of the project, the portion, if any, of the cost of the project to be paid by the Town, the method of assessing all or a portion of the cost of the project against the properties in the vicinity thereof specially benefited thereby, the portion of the cost of the project to be paid by special. assessments, and any further recommendations that the Town Manager may deem appropriate. 3. The Town Council hereby ratifies and approves any hearings, work, or proceedings previously carried out by the Town Manager or his authorized agents in relation to the project. 4. This Resolution shall take effect immediately upon its adoption. INTRODUCED, PASSED, ADOPTED, A~~TD APPROVED THIS 5th day of October, 3982. TOWN OF VAIL, COLORADO ~~ Ro ne E. Slifer Ma ~'r ' Y ~ Y ATTEST: ~j~, ~~ !/ Colleen M. Kline, own Clerk -2- -... -~~ ~ Cauncil Member ~. ter. ~ ~ ~~C___~ seconded the motion, and the question being upon the passage and adoption of the Resolution, the roll was called with the following result: Council Members Voting "Yes": Rod Slifer Chuck Anderson Paul Johnson Herman Stauffer Ronald Todd Gail Wahrlich Bill Wi1to Council Members Voting "No": ~~~~ A majority of the Council Members present having voted in favor of the passage and adoption of the Resolution, the Mayor thereupon declared the Resolution duly passed and adopted. Thereupon, after consideration of other business to come before the Council, the meeting was adjourned. ,. r .~~~ . ~. (TOWN) Mayor / - - ~ ( SEAL} Attest: ,' //1 ~ TOW (/f/( ' -6- ~~ STATE OF COLORADO ) COUNTY OF EAGLE ) ss. } TOWN OF VAIL } I, Colleen M. Kline, the Town Clerk of the Town of Vail, Colorado, do hereby certify that the attached copy of Resolution No. ~l , Series 1982, is a true and correct copy; that said Resolution was passed and adopted by the Town Council at a regular meeting thereof held at the Vail Municipal Building, the regular meeting place of the Town Council in the Town, on~.. Tuesday, the 5th day of October, 1982; and that true copies of - said Resolution have been duly executed and authenticated by the signatures of the Mayor of the Town of Vail and myself, as Town '_ I Clerk of the Town, sealed with the seal of the Town, and numbered and recorded in the official records of the Town kept for that purpose in my office. I further certify that the foregoing pages 1 through 6, inclusive, constitute a true and correct copy of the record of the proceedings of the Town Council at its meeting of October 5, 1982, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that the meeting was duly held; and that the persons were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Vail, Colorado, this ~r day of `L11~, 1982. s ~~ (TOWN} Town Clerk tSEAL} Town of Vail, Colorado -7-- -... . ,? ~ GAGE DAVISASSOCIATES GAGE DAVIS ASSOCIATES. INC. 910 TWEI•~TY EIGHTH STREET ~+~+~" `°" ~ ~+~•~+ PL.Mih'~X3 AtvD LANDSC1iPE ARC}-IITECTURE MOUL DER. COLORADO 80303 isn'sl ~t•t7 1168 September 27, 1982 VAIL LIONSHEAD CONSTRUCTION BUDGET I, Construction of Mall Areas = $ 1,800,000 Overall Construction Costs = Q00,000 $ a 2,00,000 II. Assessment District = $ 1,000,000 General Obligation Bond = 1,600,000 $ 2,-1~00,000 a~b~~~90p COSTS FOR ALL NEW PLAZA AREAS IN LIONSHEAD LionsHead Center Mali Clock Tower Square LionsHead Court LionsPride Court Gondol a P,l aza Landmark Mail Southwest Mall Entry test Mall Entry East Mali Entry (to complete) . Auxiliary Area Costs _ TOTAL: $ 1,800;000 OVERALL COSTS FOR LIONSHEAD MALL DEVELOPMENT .~„ . Utilities $ . 190,~~17 Mohi 1 i zati on 95,3.08 Stockpiling ~ 57,x, Master Electr•3cal System g8,gs5 Survey 28,532 Design & Engineering Fees 19D,212 Bond and Asszssment txnenses 150,000 TOTAL: $ 800,000 i GAGE DAViSASSOCfATES ~~ GAGE dAV1S ASSOCIATES, INC. 910 TWENTY EIGIiTH STREET ~.,.L = ^.-_--.- ~ _.,r~~,,,,,,~; 60ULdER. COLORAdO $0303 PLANN~tdG A;d[i :.AfvD:iCAYr AFICNiTECTUflE (303- 449-1168 ' VAIL LIONSHEAD PLRZA: TOTAL ITEMIZED COST Page 1 • ~ Cost per Total Cost ~"_~,. ! Task Units Quantity Uni t of Item ,.~:=±~ DEMOLITION ~ _. _- - --- .:.. 6" canc. slab SF .71,793_ $6.00 $420,758 (Bomanite & standard slab) 6" conc. curb LF 2,685 5.00 ].3,_425 (around planters) ' canc. stairs SF 3,172 5.00 15,860 Demolition Subtotal 460,043 I ~ -. _ . - _ sir EARTHWORK Rough grading SF 7 Trenching of planter LF wall s Excavation for new SF steps Grading for fountain Lump Sum {includes fill and regrading} COh:CRETE WORK ivetiv cone, stairs ~ SF Planter walls Face (1.5 average height} Foct Retaining walls Face Foat 2,727 0.84 G1,090 3,851 2.40 9,242 1,146 4.50 _ 5,157 6440.00 6,440 arthwork Subtotal .81,929 2,630 25.00 65,750 4,239 31.00 "' 131,437 ,1,573 18.OC? 28,314 GAGE DAV9SASSOCIATES GAGE DAVIS ASSOCIATES. INC. q50 TWENTY EIGHTH STREET ~rrr.w..ar:.rr~~ .o.t...~~='+-=~•--=•~---«•- •~~ PLAi+iiAtJG Af~D i_AfvDSC.,F'E ARGiiTEG7URE 000LDER. GOLORADO 80303 1303) 44S•5568 ' VAIL LIONSHEAD PLAZA: TOTAL ITEh;IZED COST Page 2 • Cost per Total Cast. r~~ Task ~Jni is Ruanti t.y 1lni t of Item -. :: . ..~-. Conc. flat work SF ~ 996 $15.00 _ _$ 14,940. ~' Concrete tidork Subtotal $240,441 PAVING & SURFACING 6" sub base {for existing SF 17,438 0.74 12,904 ' planters being removed} Patching existing SF 8,649 2.00 17,298 conc. ~llnistone pavers SF 70,583 5.37 ~~ /_ 379,568 (utilizing existing - sub base} ' Paving and Surfacing. Subtotal ~ - $4J9,770 LANDSCAPING 2" Aspen ea. 80 220.00 $17,600 5' Blue Spruce ea. 33 225,00 7,425 7' Blue Spruce ea. 24 315.00 7,560 ~~. .5` -Lodgepole ea. 24 175.00 4,200 7' l;adgepol a ea . 25 245.00 6,125 9' Lodgepole ea. 10 267.00 2,670 : i a h ~~ GAGE DAVISASSQCIATES PLANNING AND LANDSCAPE gF~CMiTECTURE GAGE DAVISASSOCIATES. iNC. 9t0 TWENTY EIGHTH STREET 80LiLbER, COLORADO 80303 (303) 449-1188 PAIL LIDNSHEAD PLAZA: TOTAL ITEMIZED COST Page ' 3 Cost per Total Cost Task ~ llni is Quanti t.y ~ lJni t ~ . of Item Specimen ea. lg $400.00 $~ 7,600 ' Specimen ea. 6 500.00 ~ 3,000 Shrubs: 5 gallon ea. 470 .30.00 14,1OD Ground Caver SF 9;055 1.75 15,846 Soil prep. Lump Sum 3,598 ' tine Grading Lump Sum l~ggg Irrigation SF 23,132 0.60 13,879 „ Landscaping Subtotal ~~105,952 MISCELLANEOUS Gondola Plaza fountain Lump Sum ~ 151,250 Lighting ea. 30 ~ 2,000.00 ~60,000 Speciality lighting ea. 50 2DD.D0 -~~ 10,000 Benches ea. 40 425.00 B,OOD Drinking fountains ea. -0~ 1,600.OD .0_ Trash containers ea, 7 400.00 ~ Z,'80D Signage Lump Sum - 9 800 Kiosk ea. 2 13,000.00 26,000 Bicycle Racks ea. 2 500.00 1,000 Movable planters ea. _0_ 1,OOD.OD ~-0-- Hand rails (for steps) LF L2~ 4D.00 9,36D Tree grates ea. -4- 600.00 ~ ~ ~-0- Flag poles ea. 8 1,000.00 8,000 -, . t -~ ` ` ? y r ^~~~,u, o ~„~'.,:oi.a ~~. _, :.;°,~,._ d .,,i,,, C;hGE DAVIS ASSOCIATES, 1NC. GAGEDAViSASSOCIAT~S Se10 TWENTY EIGHTH STREF7 ~.__~_1zi."-__t. .. •..~,.-..~ ~tDULDER, COLORADO 80343 PLAlJNi^ki AND IANUSCAPE AACNITECTURE ::u)'S! 419 1166 VAIL LIONSHEAD PLAZA: TOTAL ITEMIZED CAST Page 4 ' Toi:al Cost Task Units Quantity Cost aer unit of Item Gondola Plaza Lump Sum $40,000.00 $40,000 sculpture Bus shelter ea. 2 32,000.00 64,000 Miscellaneous Subtotal: $400,210 Auxiliary Areas $101,655 Grand Total $1,$00,000 .-.. ~ ~ ~ „, RESOLUTION #22 (Series of 1982) A RESOLUTION AUTHORIZING AN APPLICATION TO ASSIGN BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY C-27015 FROM CARPENTRY UNLIMITED, INC. TO THE TOWN OF VAIL AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, Carpentry Unlimited, Inc. has been issued a right-of-way by the Bureau of hand Management for a certain, 80-foot wide parcel of land currently improved and used as a public roadway and bridge; and WHEREAS, the Tawn Council of the Town of Vail wishes to have the Bureau of Land Management assign the right-of--way from Carpentry Unlimited, Inc. to the Town of Vail for the public health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: It is hereby known that the application to assign right-of-way C-27015 from Carpentry Unlimited to the Town of Vail is authorized. INTRODUCED, READ, APPROVED AND ADOPTED THIS 2nd day of November, 1982. Bill Wilto, Mayor Pro-Tem ATTEST: ~' r ,~, Tawn Cl`~rk ~. i DescrintiUr, fc~r Road ~ Public Utilities Right-of-~4ay A rzaht-of-k.3~, 8~ Feet in width for the purpose of ingress and ~ ~. e~,ress and public utilities across public lands to a private parcel of land Yor the ~,.se as 3 ~~ublic roadk•ay and utility corridor to be cons'~ru~~ttd to ~ :~aie C{?~,}t~: Standards. Said right-of-way being lo- ~at~d ~,~~it;:in tie .:.~rLi~U:;,s*_ r?uartc'r of Section 14, Lots 23 and 24, "o~.anshiE~ 5 Sou*:~, t.~n~~ °1 j•:est o` the Si;~th Princiapl l~i?ridian according to t;~e De,.~°nu~nt F.~~sur•.•~_ _. o saki Township ,end P.ange as approved on :~e:~tet~,:~cr 29, i9~`~, br in,-; r~c3r~~ -~artiCul~.rly dt~scribed as follows, to wit: ~:_ .,nir.a at a tu,i... ~~-; ``.:~ 5nuth~_ rl line of the Northwest '?t~t_r . ~ - _ {:Oi^ `.ti:, _ =!; ~ -w _ ,.:i~.~.~ .`~ rnC:' t0 t ~:~ '.'~FSt nUarter Corner of said S•_~t i;}n ? 5 bars S. ~, .; ' .,Q"lti. 1'03. 45 f<"'~'t distant; thence ~I. 32°45' 10"W z05.B9 feet to a point an the Southerl~• riq?~t-of-way line of U.S. Inter- state Hiahwa; too. 7'J; the-nce alanq said Interstate Tao. 70 Right-of-Way E;? . ~;'1 f~_~et on a curve t^ .*he left with a radius of 2110 feet, the C:~OT':~ Gi ;~i11C~1 }J ;'. :ll"S T:. t'?°~C'~n'~P. ~fl.QU ~C'~t d1Str~nt; thence de- Uartina Laid In*_erstace :light-of-tyax~ S. 32°45' 10"E. 245.38 feet to a ~~oi:,t on the Southerl~• iine o` the Northwest Quarter of said Section Z4 5.~~°11'S~"t~. G2.G1 :e.et to the point of begining. Said right-of-way contains D.til?3 0` an acre, mare or 1?ss. _ ~ lL/' y1 ~ --.-+._T_. '__~-.~~~..--_-_~~___ ,.___ ~_- j~~`. G^-'-Li[ _ ~/ ~ '~-~'ti^Fw-ELI *ratE Davic L. Kunkel R.L.S. 14109 ~~ I~ i ~ tt ~_ l !~, I~ ,-- -_ -~ r ~ ~ c n ~ '~ C A ~. C. O ~ i ' .. ~ ~ ~ "1 ~`~ 4A w ~ `~ l~ ~ o w W f ~ ~ { ~ N i1 O m m 0 (.J~ N O i~ O 2 6~ t9 0 t7f 6~~ S Q_ \ ~ ~ O ,~ V `~'. ^ J 75 s. Trr.~,a,;~ ro^.a V~lI. C.iiOt'c`ici0 `c3i.)J7 c~ficc of }o~vn cierl. t RESOLUTION #23 {Series of 1952} A RESOLUTION SETTING THE ANNUAL MAXIM~TM INC'CME QUALIFICATION I'[}R PURCHASERS OF TiiE PITKIN CREEK PARK CONDOMINIUMS. WHEP.EAS, Pu.ragraph 22 of the Condominium Declaration for the Pitkin Creek Park Condominiums provides that a maximum income qualification can be established annually by resolution of the Town Council; and WHEREAS, the Town Council now wishes to set such maximum income qualification; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: That the maximum income qualification shall not exceed X40,550 and that at least one-half the total number of mortgage loans will have been made to persons and families whose Max~.mum Household Income does not exceed $31,700, adjusted annually on May 31 by the Consumer Price Index Adjustment, and shall remain at such levels until again adjusted by the Town Council of the Town of Vail. by resolution. INTRODUCED, READ, APPROVED AND ADOPTED THIS 16th day of November, 1982. ~~. ~ s ,~ (1/ /.~ C~ /~~ Rodney E~Slifer, M o'r ATTEST: /.~ ~~ Colleen M. Kline, Town Clerk ~. t ern, F _. ~o ~ 1..~ _ ~rr,~_- t.__~ t ~'i ~ i~ 75 s. frc~tage rr~ad vail, Colorado F3165i of~ice of~tnwn clerk r _~ l _ '~ RESOLUTION # ~3 (aeries of 1983) A RESOLUTION CREATING A CONSERVATION TRUST FUND FOR THE TOWN OF VAIL. WHEREAS, the Fifty-Third General Assembly adopted Article 21 of Title 29 C.R.S. 1973 as amended by CV 119 concerning the con- servation trust fund of municipalities, counties and certain special districts and which act authorizes the creation of such a fund by the Town of Vail; and WHEREAS, the Town Council of the Town of Vail desires to create such a fund for the health, safety and welfare of present and future citizens of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, THAT A CONSERVATION TRUST FUND BE AND THE SAME IS HEREBY CREATED PURSUANT TO ARTICLE 21 OF TITLE 29 C.R.S. 1973 AS AMENDED BY CV 1.19 for the Town of Vail and that monies received from the State of Colorado to the Town pursuant to said statutes be deposited in said fund and expended only for the acquisition, development and maintenance of new conservation sites; and maintenance of existing sites. BE IT FURTHER RESOLVED, that a copy of this resolution be certified to the Colorado Department of Local Affairs, Division of Local Government. INTRODUCED, READ, APPROVED AND ENACTED this 7th day of December, 1982. ATTEST: ~ .~ _ `~~./ f~'9~~~~~ Ivy: Kline, Town Clerk - _4 ~ ~'--~~ Rodney E. Slifer, Af~ror T~~~y OF VAIL STATE' r~ C''~L~-~~;CU! ... .,i`J -t -i~~ i=i~~„~;';;~;; G~- iiY UrF[C~, 1:'~1 i ~.: ( [ ~r i ~: Tv~r'`.°~~~ CLcRK t ~ `.'`'~`S RESOLUTION #24 ~-~r-- ~ : ~ ~~, { Series of x.9$2 ) .r .. ` ~ ~.~.: ~` ~ ~~ ~ ~rt~~;c rn~d rl RESOLUTION {tF INTENT TO BECOME v<<~~ ::,.. ~_~do ~ ~u57 AFFILIATED WITH THE FIRE AND POLICE o~tii;~ ti~ :n ~r~rk PENSION ASSOCIATION. WHEREAS, C.R.S. 1973, 31-30-1001, as amended, enacted a state-wide fire and police pension fund and plan with which the Town of Vail may elect to affiliate, and WHEREAS, the Town Council believes it to be in the best interest of the Town and its police officers and firemen hired before April 8, 1978, fox those police officers and firemen to affiliate with the state association, fund and plan, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: Section 1. Pursuant to C.R.S. 1973, Section 31-130-1003(3)(a) the Town of Vail does hereby elect to affiliate its local policemen's and firemen's pension plan with respect to its policemen and firemen hired prior to April 8, 1978, with the Fire and Police Pension Association effective January 1, 1983 and the Town requests that the Fire and Police Pension Association Board waive the statutory nine {9} month waiting period for such affiliation. Section 2. The Town Manager shall, pursuant to C.R.S. 1973 Section 31-30-1003(3)(d) request of the Board of Directors of said association an actuarial estimate of the Town's contribution necessary to comply with the contribution requirement established by Paragraph 10 of said Act. Section 3. This resolution shall. become effective immediately on passage and the Town Clerk is directed to file a certified copy of this Resolution with the Fire and Police Pension Association as soon hereafter as is practicable. INTRODUCED, READ, APPROVED AND ENACTED this 7th day of December, 1982. Rodney E. Slifer, Mayor ATTEST: ~~ _~~.~~ Colleen M. Kl.~ne, Town Clerk __,__ ~ {~ . Cb -~ ~ T, .,r, 75 s. f~c~,„age road ~aii, co'.crado 81b57 ~ office of sown clerk ~~ , L RESOLU'i ION r 26 (Series of 1982) ` Old ~ ^opk JOi'iHHEIIE aHiLI,iPS EACLE C7Y. E'.~E~OFi~Efi ~~iK ~ "T 1.7 ~~1.~ ~U~ A :~r,SOLUTION OF THE T0~1'N COUNCIL ACCEPTING A GIFT CF A CERTAIN FARCEL OF PROPERTY FROD4 PIiEBLO ASSOCIATES , LTD, A COLORADO LIb31TED PARTNERS'~IP; DIRECTING TH3, TOItiN MANAGER TO ENTER INTO OR ACCEPT . ANX DEEDS OR INSTRUItiENTS NECESSARY FOR THE COAiPLETION OF THIS TRANSAC'T'ION; AND PROVIDING DETAII_,S IN RELATION THERETO. 14'HEREAS, Pueblo Associates, Ltd. has offered to mane a gift of certain property to the Town of Vail, more particularly described as follows: Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado. 1ti~HEREAS, the Town Council is of the opinion that the gift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail; NOSY, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo AsSOCiates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town I~4anager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1982. RodnGsy E. SXifer, !,ia~~.6r ,' . ~ A'T`TEST 1 ~• ~~~ -, Col ee{{{////n Klin Ton•n Clerk F'• ~r+•l,ttuit Su of the County of Eagle and State of Colorado, of the second part: 11'iT\ ESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION -----~®~iS.~, to the said party of the First part in hand paid by the said party of thE: second part, the receipt whereof is hereby confessed ant{ acknowledged, has granted, bargained, sold and com•eyed, and by these presents dues grant, bargain, sell conve and confirm y ,unto the said party of the second part, his heirs and assigns forever, all the follnwrng deccrihed lot or parcel of land, situate, lying and being in the {'vunty of Eagle and State of Colorado, to-wit: Tract A, THE VALLEY-PHASE V, according to the recorded plat thereof, County of Eagle, State of Colorado. --~ Rec,~r~ier. ~' Colar<~.do, of the first part, and TOWN OF VAIL , a Colorado municipal corporation ~vnoseiegaladdressis 75 South Frontage Road, Vail, Colorado 81657 u,i„~n "rHiti llEEU, 1[aae this 14th day of December , 198,between PUEBLO ASSOCIATES LTD. , a Colorado limited partnership ofthY Cuuntyof "ef~eTSOn :cn+l State of -als~Yt~ivF,as-s~reetataclrrru~tbat• TOGETHF,R with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE ANll TO HOLD the said premises above bargained attd desceibed, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the First part. For himself, his heirs, executors, and administrators, does covenant, grant, bargain, and a~•ree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of• inheritance, in law•, in fee simple, and has good right, full power and Iacvful authority to grant, bargain, sell and convey the same in manner and fot•m as aforesaid, and that the same are free and clear from all fvrmer and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except general property taxes for 1983, payable .Ianuary 1, 1984, subsequent year's taxes and the following matters of record: U.S, Patent Reservations, Plarmed Unit Developfrbent Plans, Eagle Col~ty C.~=ltissioners' Resolutions, restrictions, reservations, easements, rights of way and ~,~~~ective covenants, and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall {nclu{ie the~pIiirraJ, the plural the singular, and the use of any gender shall be applicable to at] genders. `~~`'1~I~i~=IET-NE~~I,•~VHEREOF, the said party of the first part has hereunto cet his hand and ,eal the day and year first • 8~o?.:e`.r+vritten."- ` ~y." , PUEBLO ASSOCIATES LTD. , a _= =~'.'t,T~~ fl„`,r^ ~ ~ Colorado ].united partnership ~.~ C ~~' r 7 ~ °ya BY-: I~MAR. INr , [SEAL] - ~.~aif'~~~c - - _-- j Texas corporation, its ~~ . `-.• f ~ ~ -- M3Fla ing- re/Il/ejJ~_ 2.l~artne~ -- [SEAL ] ,,r;, .,-.•j: _.- /~6r ~~-- ~ SEAL ""~~'STATE OF COLORADO Robert H, Andrews , Vice President ] f ~ ~ • county or Eagle ~ '~• '<a.: ~ r: ::' ..~. . ~, Th24`Orefroing instrument was acknuwl+~dgecl before me this 14th clay of December l.s 82. by Robert H. Andrews, as Vice President of Lamar Management Inc., a Texas 'corporation, as Managing General Partner of Pueblo Associates Ltd., a Colorado tidy Som fission expire ! -~ ~ y , l;i.y~~ . 14'it ass my hand and official seal. tamite~. partrters~ip , ~. - _-~ No. 932A. K,~een\TY 11EE D. - F,n' P4n,t,,,;raphu• K+•r~n-,!. - Dradfosd Publi~h,ng, SN~S W 61h Avc., Lv ewirolTCC744U~Y;y },~~~6900- ]281 ~/AI~, CO 8i65Q .t• ~ ~ ~ ~j f 11 { f lJI V l~ :J l' 1 ~' 75 ~,. frc~,i~ge goad vai , ca~crado 81657 ofxice of town clerk ~~ -~ ~ ~-~ RESOLUTION r26 (series of 182} A RESOLUTION OF THE TO~YN COUNCIL ~.CCEPTING A GIFT OF A CERTAIN PARi:F~L OF PROPERTY FRONI PUBLG ASSOCIATES, LTD, A COLORADO LIMITED PARTNERSHIP; DIRECTING THE TOjGN A9ANAGER TO EN'~'ER INTO OR ACCEPT ANY DEEDS OR INSTRUhSENTS NECESSAR`r FOR THE C011PLETION OF 'PHIS TRANSACTION; AND PROVIDING DETAILS IN RELATION THERE`T'O. ~4'~iEREAS, Pueblo Associates, Ltd, has offered to make a gift of certain property to the Town of Vail, more particularly described as follot~s: Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado . WHEREAS, the Town Council is of the opinion that the gift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail; NOi~9, THEREFORE, BE IT RESOLVED BY THE T0~9N COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo Associates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town Manager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1982. n i j '; Rodney E. Slifer, bia5~ r ATTEST: ~~ ~ CoII"een Kline, To~ti•n Clerk .. ~ ~irr! at • a ~ jriiarl :\a. -- - TIES DEED, :Made this 14th rlavaf December is82,,b~t,veen PUEBLO ASSOCIATES LTD. , a Colorado limited partnership of the County of .. F.f f er. son and State of Colorado, of the first part, and TOWN OF VAIL , a Colorado municipal corporation ltie~~i~rder. t•~ 11.1 ~~ c .: T:a ~] 1' +ti•hoselegaladdressts 75 South Frontage Road, Vail, Colorado $1657 of the County of ~ ag1P and State of Colorado, of the second part: 11~1T\ESSETH, That tl~e said party of the first part, far and inconsideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION -----~r~E=L.~3~, to the said party of the first part in hand paid b}• the said party of the second part, the receipt +chereof is hereby confessed and ackno+vledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, veil, convey and confirm, unto the said party of the second part, ]sis heirs and assigns forever, a§t the follo+cing described ]ot or parcel of land, situate, lying and being in the e'ounty of Rag ~~ and State of Colorado, to-wit: Tract A, THE VALLEY-PHASE V, according to the recorded plat thereof, County of Eagle, State of Colorado. ~i4sc~l;-noK•ta t}s~.~r~+e#.awt~rw~vtibc~r TOGETHER with all and singular the 13ereditaments and appurtenances thereto belonging, or in anywise apper- twining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party- of the first part, either in lan• or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE A\D TQ HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forevet•. And the said parts- of the first part, for himself, his heirs, executors, and administrators, dues covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and ]a++•fui authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of ++-hatever kind or nature soever, except general property taxes for 1983, payable .Tanuary ~., 1984, subsequent year's taxes mid the following matters of record: U.S. Patent Reservations, Plal7rfed Unit Develo~tr~rt Plans, Eagle County Commissioners' Resolutions, restrictions, reservations, ease331erits, rights of way and protective covenants, and the aboved bargained premises in the quiet and pwareal~le possession of the said party of the second part. his heirs and assigns against all and erery person or pes•sons la+cfu3ly claiming or to c]aim the vvitule or any- part thereof, the said party of the first part shall and +sill L~'ARI~A~T Ai`D FC1RE~•ER DEFEtiD. The singular num3~er shalt Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 1\ R'1-r\E5S ~~•]iERF.QF, the said party of the first part has hereunto set his hand and sea] the day and year first abu.•e written. PUEBLO ASSOCIATES LTD. , a Colorado limited partnership BY : LAi'kAR M~GEtYIEI~'i INC . , -a - -- I s F A L ] --- -- -- -- - - - - - Texas corporation, its ~ i;~gi.ng - C~neral Partner _ - [ ~ E •-~ 1.1 ~ ~ ,. r ~, i 4~ ~~ STATE OFCQLOP..~DQ Robert H. AndrewsY, Vice President ~5. County of Eagle The fore~:oing instrument u-as acknu++'ledged before me this 14th day rrf Dece[ber ]s 82. by- Robert H. Andrews, as Vice President of Lamar Manage•r~~nt Inc., a Texas corporation, as Managing General Partner of Pueblo Associates Ltd., a Colorado \lp ~omt issinn expire r -- ` `~ , ];~ r'; . ~Citnrtis nt}' hand and official seal. lzmite~ partners lip. .~ ~, : _~ ~S.nJARN(~}~(CAN(Ey \,~a:> PuLlia. tio. 932A. -+~,1 F{HAXTI' UF.EU. - Frrr 1'hr•t,.~ i „phk, R.~, urJ. - Brdd(urd Puhli,hiag, 5625 K' hth Ave , l.aAcw',n~T'ClfEt al `_ j~~~+~h90p- I:~B1 V,41L, CO $ib~~ y 3S~ ~,y~.~ :~ ~ ~'l h ~ /, 1 / r ~ - f 7~ s. ir,;.;,;a~e road vain, co~cra~o 81657 office of town clerk ~`~ ~ ~ z~ RESOLUTION #26 (Series of 1982) A RESOLUTION OF THE TOWN COUNCIL ACCEPTING A GIFT OF A CERTAIN PARCEL OF PROPERTY FROM PUEBLO ASSOCIATES, LTD, A COLORADO LIMITED PARTNERSHIP; DIRECTING THE TOWN MANAGER TO ENTER INTO OR ACCEPT ANY DEEDS OR INSTRUMENTS NECESSARY FOR THE COMPLETION OF THIS TRANSACTION; AND PROVIDING DETAILS IN RELATION THEP~ETO. WHEREAS, Pueblo Associates, Ltd. has offered to make a gift of certain property to the Town of Vail, more particularly described as follows: Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado. WHEREAS, the Town Council is of the opinion that the lift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo Associates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town Manager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1.982 . ///„ Rodney E . ~ if er , Ma~f r ATTEST: ,/% Col een Kline, Town Clerk ~~ ~ ^~ • ~ '`~~~'t t4,ja 75 s. ircnia,~,e road vail, ca~crado 81657 office of tovrn clerk ~~'~~~~ ~r3 t ~~. RESOLUTION r26 {Series of 1982} A RESOLUTION OF THE TOWN COUNCIL ACCEPTING A GIFT OF A CERTAIN PARCEL OF PROPERTY FROM PUEBLO ASSOCIATES, LTD, A COLORADO LIMITED PARTNERSHIP; DIRECTING THE TOS1'N b4ANAGER TO ENTER INTO OR ACCEPT ANY DEEDS OR INSTRUniENTS NECESSARY FOR T]iE C017PLETION OF THIS TRANSACTION; AND PROVIDING DETAILS IN RELATION THERETO. WHEREAS, Pueblo Associates, Ltd, has offered to make a gift of certain property to the Town of Vail, mare particularly described as f ol.lows : Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado. j1HEREAS, the To~s~n Council is of the opinion that the gift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail.; NOSY, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOZIN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo Associates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town Aianager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1982. / .~ ~ . Rodney E. S~ifer, hia~~br R'I'TE ST ,~ ~~/ ~ ~ Co1T"een Kline, To«•n Clerk ~•eptinn 10. -__-- - -- -_ ._ ---. -Recorder. - -I -- - -.~ _ .-- _ _ -. ~-.~- FiLI:~GST.IAIP '~ Tli1SDF':EI), 11ladethis 14th day of December , I9 82 ,bet++•een PUEBLO AS50CIATES LTD . , a Colorado limited partnership oftlle County of ,.'efferSOn and State of Colorado, oCthe first part, and TOWN OF VAIL, a Colorado municipal corporation ++huse iegal address is ]~ SOilth Fro>~tage Road, Vall , Colorado 81657 of the County of ~:agle and State of Colorado, of the second part: ; 11'IT\ ESSETH, 'c'hat the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION -----~e~L,.~s, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and ackno++~ledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, „ ~cll, c°m•ey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following dr~cribed lot or parcel of land, situate, lying and being in the ' t ounty of Eagle and State oCColorado, to-wit: Tract A, THE VALLEY-PHASE V, according to the recorded plat thereof, County of Eagle, State o~ Colorado. ~:1r'l)+n+~w>3 rk..c-Fr,•{•wt.:.F:r~rw~z~+c+.r' TOGET}{ER ++•ith all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the t•eversion and reversions, remainder and remainders, rents, 'issues and profits thereof; and all the frstate, right, title, interest, claim and demand whatsoever of the said part)• of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and apptn•tenances. Tt) lIA~'E A\ D TO 1iOLD the said premisNS above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators. does covenani, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of goad, sure, perfect, absolute and indefeasible estate of inheritance, in law•, in fee simple, and has good right, fu El power and ]awful authority to grant, bargain, se[1 and convey the same in manner and form as aforesaid, and that the same are free and clear from ali former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of u-hatever kind or nature soever, except general property taxes for 1983, payable ,Tanuary 1, 1984, subsequent year's taxes and the following matters of record: U.S. Patent Reservations, Planned Unit Devela~L,r~~t Plans, Eagle County C..nEL>issioners' Resolutions, restrictions, reservations, easements, rights of way ar}d protective covenants, and the aboved barg;nned premises in the quiet and pxac•eable possession of the said party of the second part, his heir. xnd assigns against all and e+-rr}~ person or persons la++•fully claiming or to claim the ++hole or any part thereof, the satd part} of the first part shall and +t•ill 11'AI3RA:~T A\'D F(1RE~•EI2 DEFEND. The singular number shall include tine plural. the plural the singular, and the use of an}- gender shall be applicable to alE genders. 1\ 11-.'-1'tiESS t~"EIEREUF. the said party of the first part has hereunto set his hand and sea] the day and year first ;,}1L,+-~•,.-i,iten. PUEBLO} ASSOCIATES LTD. , a - . Colorado lir(}ited partnership BY:-. ~.AI+~AR MANA~'- ING.-; -a--- IsEa,L~ . _ - -- --- -- - - -- - _ ___ ---__.-- Texas corporation, its '---- Managing General Partxler-- -- Is ~~L] ~'raT>; (1F cc}LC)I;.an(r Robert H. Andrews, Vice President ~~. Cf>unty Lff Eagle The f"roguing iltstrumr•na +\';x~ ;IL'kllfll+'lf'dgl'd 11L'f111'f' rllr tltrti loth uay of December 3:! 82. -~• Robert ~i. Andrews, as V~.ce President of Lamar Management 7~-IC. , a Texas corporation, as M:.Irlagir,c General Uar~~zler of Pueblo l~.ssociates Ltd. , a Colorado \]v L;r,m isstrm ex1nre~ , - 1 `~ . 7`.a:' . G5'itn~ss mr hand and official seal. l~i~l~te~ partnership. ~ • 't ~ ~' '~~ PS.~/~JRRN^)XCAN~IQE ,,.LB" E•~r~k~f ~[I. 93?;~, +i +fiHA\T1 11F=F'1i.--F'.~r F'I~~~~~~rr :,~d,n N.~, .~IJ -_ Nr„dfmdPuhL.hmg, }R:S µ' 6,h Avc., LxFewt,nlTCIrTS ~Td '-~~T•+'h40O-1281 V~iIL, {.'~ 8tb.~i~ 1 OTTO,PETE~50N & POST ATTORNEYS AT I,AW PO5T gFFICE 8qx 3149 NAIL, COLORADO 8!657 FREDERICK 5. OTTO JAY K. PETERS qN WILLIAM J. POST December 1~ , 1982 Larry Esquith Town Attorney Town of Vail 75 Sauth Frontage Road Vail, Colorado 81657 VAII NATIpNAL SANK BUILDING (3 d3) 476-0092 EAGLE-NAIL PROFESSIONAL BUILDING (303) 949-5380 RE: Tract A, The Va11ey - Phase V Dear Larry: Concerning the dedication of Tract A, The Valley - Phase V ("Tract A"} to the Town of Vail and at your direction, please find enclosed the following: 1. Original, executed and acknowledged Warranty Deed from Pueblo Associates Ltd. ("Pueblo"} to the Town of Vail. 2. Copy of Land Title Guarantee Company C~~~u«itment To Insure, Application No. vaaa~287. Puebla acquired Tract A effective December 1, 1982, and the enclosed Commitment To Insure was rel~.ed upon by Pueblo at such closing and to the best of my knowledge still reflects the current status of record title except for Pueblo's current record ownership. I appreciate your help in this matter and particularly your preparation of the Resolution for acceptance of Tract A to be presented to the Town of Vail an Friday, December 17, 1982. Should there be any problem in getting the Warranty Deed recorded prior to December 31, 19$2, please contact me immediately. Again, thank you far your assistance. Very truly yours, `~ GIilliam J . Fast WJF/sjc Enclosure(s) COMMITMENT TO INSURE This commitment was produced and issued through the office of i LA~iD `~ITL o GUARANTEE COMPANY r ; P. O. BOX 357, 108 S0. FRONTAGE ROAD WEST, VAlL, COLORADO 81657 tTelephone {303) 476-225'! 4 G Cau a 'geed ~ 1. Valfdalia+~.Qi~cer . Representing: ..r ..._...._ ~,.... ~. ~ _ r..., fi1M Form 2582 V 2/82 ~•, F AMERICAN LAND TITLE ASSOC ~ 'ION COMMITMENT - 1970 Rev. f~ a Stock Company of Minneapolis, Minnesota TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, far a valuable consideration, hereby commits to issue its policy or policies of #itle insurance, as identified in Schedule A, in favor of tht proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy orpolicies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endaresement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and aI1 liability and obliga- tions hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The term "mortgage",when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to sa disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company other- wise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule $ of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties in- cluded under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in re- liance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule 8, or (c} to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A fax the policy or policies committed far and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from Coverage of the form of policy or policies com- mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: I. Rights or claims of parties in possession not shown by the public records. 2. Easements; yr clauns of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. •~ .~. IC .... ., ! a, ~' _ ~ u'~ P'~: 1~` 1. ....... . President '~ ~' Secretary fa I ~~ fr G 0 #'1 P't 7 ~ ~ ~ '1 I ~~ ~C#fi»I)ULU rl }f~i ~ i i c ~t i are Na . UUi3Ci~287 For zr~4`r~rraa~tion Oniy 1-~>; L~:r~tiT, 1,00 IA i irit ~.~~~~iz-, r^~:sn i tt~nc,:, ~~ 1.~: <;~, r~q~f ~.~„ tc~ 'J017C7~,2'U: . ~. #'fC~,ct.ivc. f~~,t~; C#"f`7C-Al:'i=F: Cii, ~.{.~F;~' u•;; E:#:C#d A.~i. i=`v}2ryi~~~:-.; to ~~ i ~s~uF,c1, an+~ F,c:.,a#:,or~r:r•i :[n~itr'~-:r1; .} (~ `~ (y.r~ ~y ~t f11 !-i ~i ~WCtFr~S F'C)~# ~~~~ Y~ViJ~I.l I.J~rLi© F=orati i3--197[l tF~rn-=:nrior# ~.q--1'1--; 0? #'~rcrr#c~sc;d Irr~urr~:rJ= F~`~t#"~# 0 /~~~t)CJ:~TF":> # 'T#~r , ~ C:al or~~cif~ # i ra i t~rl !~'~rtn~r~'ari I F~ Gc7asr-~ i #.rnErct Cnri aav~rr^cr.~ ~#31c: #'t-:C'E':o~ Vr?~y't ~-:CI i YY V~i# # F1' ~ a5tlCIli~F ~ E i-F~ i n th+., l~r~{•# a~# ~~~scr i ~F.r! nr~ r~f~rrvri to i ~t tM i 5 E~i ~ r•~ b, i r"~ i r i nt~r~:~t acrver'~r_i I's~r^e:t rr i ~ ~-t tl~~ ~ff~rt i v~ ., ~} L'a'I rsr^~r.#a i i m i t.~c; F°~t"t,n~r^~i~ i i'~ `) . Tip? l~~o~J raf~;rre+~ to i E~ th # ~ Gvasat i trn~:nt i ~ ~i~scr i ~~rJ ~s fal lows= i-f;~~r r-~, ~'li~ ~~~ i ~ ~-F'iiEiSF' ~, accoF,~F~z~l~ ~r~ Ti{C' r'i. ~; FcF'car~~F:n idOVF'A1F~FR ~~~;, 1~~l~Li Its fs001: X13 ~T F'~1C~i:: i3`)~f, GQl3i~#TY 0#= ~~~l~[:, ,T~i"~ OF' G0l. Q~ti~iFi~?. .~ ~ a r ~ ~ c o s~ ry x -~. _ ~ F' rr T ~' . Srf#F~iJt_C P-t t f;r•c#ta i r~r~rr!•rtt~) AI-~F~al 'r r ~t i on Nc~. t1QOC#4?$7 Tha f o T Tow i n~~ %ar'W thc~ r.:,~iu t rF:rnF,nt ~ T,o ~i~ r;omF+t i ar# w f th e ~ . F';~yarcr:t. -La ar for ti•1~ ~c~c~~;r3~, t~f thy. ~rar-,t•ar~ Qr martg~c~ors of ~ihe ft.! t ~ c:tjn~., f ri•-ar~t i ql'l ft7l, thy- ~~ •r',;;t~: ar i nt>=r+?~,t tv !ate f n~ursrrl, ? . >~rcaFti~:r~ i rl~:tr~i~rrn~,rl#. £ ~~ 7 crF.nt. i r!J tf'lEr ~~taT.~ ar• f rlter~~t to he I r-sured mart h.-: r~:>;c:cLl~~:rf .~;~rl rig.! l; f i F-,rf fnr r~tr_prrl, to--w i t i :~. !~ G'01'`Y Oi= CFF~T7f"1CAT~ 4f' I ]~MJ'Tf~f~ F'AFcTiJF"RS!#I~? F'aF; F'U~Ft~ 0 ASSOCIATES, L.Ti?. r #~ I..IlfiZ1'i=4 i`'~lf2i"Al~ff#iTP~iTAF~tPCC3 -- "F' [i..Fil'~ f~dl~'H I'H~ DA1'~ OF FIi It~C~ ['•Y TI~tF` SF"CitFTAE":Y {~[- :.~TA7[' L-I± C~t1t 4F~Q[t~, ~tl#ST F'•~' #-Uf;{N1SNE8 T4 r, . W(~F~}+AidTY Crf"F'F~ F Fcphi t~Al F F"1` f~:iSt~CIATF`S, i T(`r, , A Ccsl c~rAdo [ i p1I ted Par~tn~r~#~ # ~; TES f'#JEGIr.4 AS:iOC::CATCS LTI). , A Co Tnr~da 1. i as I terl ff~rtry~r5:i~f~~ C4#~VF"YI~fC Si1F'•JF"i:;'f T''F<OPF'R7Y. i~9TC: CCI~cTIi'ICATF: OF' LI(~ITiWD i'ART~l~FtSHIP fcC_COF:i?P~ RPRII. 24, 19$C! IN RQ~#; ~t:#r AT ~'AGF` ~7' t~ISCI O,r,CS F AP1RFc F'FtOf'#~I~TT1='S, I~CC. i A C1Ei AWARI` coRt^~rrlTioi~! I'~ $t" T!-I~ GL-"~IER~h~. PRFtrf~lr-_f~c~) aF vf+[_f_i-Y Fa~SQG[ATES STD., ~, t I!'tITF`F3 F'Ai~Ti~iF~Ft~,!#I#~'. ~lOTf°a TH?'iy FaC~4F'F'FxTY MAY F~F" ,~!#:JFCI' 7O TIC[" F~F-Rt F:STATF' TRRhfSF'ER TRX SY VTP1'UC 4P TTS TI~iC1..l1al©i~ IH T6#~' T4WP! OF" VAIL. F'UFfCF#ASCR SHOtlI.D C4f~7r`~CT TNC` T4Wi~t ~P Vfall FCf"Gl~li#'yJ'#1Ci SAJF1 Ram>f=~.~Sf~1#=l~iT. ..... ,, F~ _ _ ~. A f 'i A C G hi t'1 7 ~ ~ ~ 7 ~ , . i f~f:~t:t•~t. i ori~ ~ ~~C~C~1. i c~:t i r}i'i tea. VClilf]42Q7 TFi~e Ra l i cry car ~~0 1.r r: i t~*z #.iJ falloWint~ urr1.~:~~s t.i-~~:~ fst;rric, ~CatRC~~n+;~ 1 . 5'ir~ridri•~r_t E,_s;t:crk~~t. i c.+i~t; t f1. TcZ~~?!~ ~P1rf RC'iS-755tR+='i'~#.'.~ ri t7 t. y c •t. c: ~ i` ~t. i t" i ,., cl #, is Njc'; i tiSLlr'!t'f W i ~. ~, CDMit33 1 h !:xC~rpt i DYiS to the i-.rfr c~ i c-C~raa~~d rt to #.f1~r ~~#. i ~f~rt i an of the thrr~uyi~ti ~, F•~i^ i nt ~d Qi•i tl'ic cav~r ah~:~t. ilR~. ~~'":~, t'i4iF: Or r~c31t~1airti anr•t S~~F:Ciat ~!i'3l°l~s~~nt~ 7. Ai~~~} i,tf'i~r3 ! ri t~s;~:c. nr~ :~44;r ~ ,rfi~Yi#.5 ;~ga~ i rr~~ ~~ i ri l~inrl. ~.~. 1 i ~,~~ fnr uiwC~~ i d a~?t~ri, ~i•ici ~:~wt?r t:I~~rg~ ry, f f gny. ~'. C~TCiIl7 Of= T'ROi'RIf=TUI: 4f= A t~f~I?~! OCi LODE Tf~f"C:F'FCiQhl DH{7Lft n THE" SAfilf' E:F F'hU;~t~ T4 r r~~t~z y~~ ~~ rt~~~R~~f~ ~rh~ ur~~TEq ~TaT~s ~~r'f~, ~h E:~~fi rj~ AT f"`~L7E• 'tf~ Ai~f~ flf"f.`4Cti~ AT' C'AfJf:. ~~t~. TO CXTRAGT Af+tD Rf_M4+VfA MIS OR#= f`f=f~li"TT.AT~' pT~ Ii~fTFRSFCT Tf"iic f~aTf=uT ~~GaRn~~~yo~~~rl~~~~2/4,~y 7E"I"i AUGUrT ~ b, ! 7Uc3 ~~t fiiVi3lr 4S1 SCt. F{IGFiT Gf' f~i'~Y f="tlkl t~ITgflf~f; Gfi' CAi~AI ~; ~:S3Al~Tfifffr7'E=1~ C',Y 'THE` AUTHARITY OF THF_ l!f~tITFG w:~"ATf•:~ ~ A T?CS~t'it~f'»!~ I1~ l1i~tTf~f`r a'i'Ai'k:`i F`F~Ti'~i~T I"iECOF~DED rir- GE'hff'~f"F': r ~~, a 9~ p, 1~ E.O01: ~~:~ r`iT' f7RGf" ft r' Ain F'dFC{fitf~Fn ALfG135T i 6, 17tJ9 Ji~~ 640i' ~rt3 AT I-~AGf:: ~iG:'_. 11. f~f'"~;TCti1E:T3ttT' C:04'E~idAP~fTS, I~ff17i;#i f~4 tr~GT C:4?hlTA7i~ A FOCdI"f;'ITf.tR~ tlCi 4~i=VFR71~R CLAIlSI~, Sl1T OhfCTT~NG RESTRICTIOfdS, IF- Ai~Y, CAaR'f) ~}H RArfr, GOLOR, Ctf"I xGxOAt, Of~' t~ATY~ii`l~~f t~f"~TCTtd, f~ CQ~ITAT~f:'f'~ ff~ ;f if:~~'F~UP1F~lT #t~COFcDfi D Gf'TCh1Df;Ct ~~?, 197, Ifd f?O~}h 2~! ; AT F'Atif~ 4k3 Ahtf) A5 At~lf:~lDEt) IN If~STRfJ4''IE"~4T f:I~GOk;E1F~f~ 5£f'7C'f~f~Ffi ~'S', l~7<p iH E'.001; ~'r;, fa'f PAGE' ;~tbS Ahfh AS r1t4ENf3Eq T?~ INSTC~:It~ICnf1' ftiE~C4ftfl~t~ J~1#~f(.1t~F4Y 2~, 1y'7ti, Iht G'OQl: ~?~~ AT PAGE" ~~~;~. ia', LiTXi iTY f=AST't'1#`~tT ::'.[! FE'F°'f T~ ~1If~Tl-!, lU E`EE-7 O~ E`Af;ti f`a1f~C' Or ~l E Ii'~(3ERSOR LOT LIME:; ~tiVq A 1 s FpOT UTILITY C:ASE~t1f:f4tT F5L4~lG fiNn AL;UTTIf`fG ALI E"XTf:=RIOt'c l OT i Ti~lFS FlS TiT"SERI~Ff? 4~f TFfF' F'f. AT Ot' f TO~!':~ E:I[1GF 5f18DYVISIO~l, t=it_[f'!('s Ald. 2. 1~. AGk~'FhfFt•ET f:C"TWF'F~1 TAYV1=~f f HVICr'4f~lhlf""i~fTA# t AND COh1F'Ai~lY ANf7 hiOfJfVTA~f~f STATE , Tf=I_EF't~t0~~ AHD TE~_E#~t"~AC'N L'Ohtf=`AhtY R~'COt~gCfS 5f'F'Tt=t'1f~Etr 2~~ 15-73 Xf~ f:40f{ ~'~1 ~'~~" F'AGt° ~'9i . 1~,. Tf~f4h):f, F'F~C~VZaIOfd i AF2tl T;O1~fk1'TIUN~~ COf~TATf+If'E3 7A[ E•'i. Af~iE~ik=#5 I~~TT gEVELt7C'th~f~CT f'LAtI AHD gCCLF1f~F~TIOP~! OF' F'RbTE(;TT~'t': GOVE:NAE~TS F7L-:~ORDEf) Pfl1E~C1t ~'~, i.~qD Iid E:Q41; ~qf~ AT t'AGt• 7~rE3 ~if~!Ci T:I~~~f~f'CC1f~TiE"T1 AE'Tt]'t 7f;1, i~~gt3 itd at10k; ~fai ~`~T F'P~Cf~ ~~1~. Is. flb1E"f 1 Ii~G UfJIT~.; A ; ~,CT F'of::"i`k~f qr~ •rk~r~~ v~! I f~~-.F`k.f~a~C~ t! t`t_~~T R~CGF~tzEn kJ4VCt'1CEli emu, 1,`iGt} TAC f:?G'Of: X1;3 ttT !"'Fl[if: ~~~tr. 16. C°i.EC3 C'f. ~'1f<t k'firii THf" 4'fil. I f ~ --E'i~~r~F~ l1 f~f~ (;4fyf'sk• I~ NOVE~ht(~F C~ ?~, ] ri'GO 1'P! Ft00K 31:3 A f F'AGC: ate? . - '"' . i f= ~:c.-:.~F-~t } c3nr: ? ~-l-~F•,~ 1 c ~t 1 tin Na. t~pDfl42E17 17, t3Ci:L.~~R~`~~'TOi+f Gf r'i~Ql'C=i'.'l-I~i= ~Ot1FNAi~~;~ FOi; TFIf: t1Ai..F.~Y-F'6iA~E V itECORQi`D i`tE?t~fhil;T'Fi f'~}, 1~}s3r.~ I~ F:t~C~l; ?i~ AT k"'A~F E3~~F.. LAND TITLE GUARANTEE COMPANY 3665 Cherry Creek North Drive Denver, GO 80209 321-1880 13693 East Miff Avenue Denver, CO 80232 751-4338 8333 Greenwood Boulevard Denver, CO 80221 427-9353 3110 S. Wadsworth Boulevard Suite 102 Denver, CO 80227 988-8550 830 Kipling Street Lakewood, CO 80215 232.3111 P. O. Bax 2280 Breckenridge, CO 80424 453-2255 303 South Cascade Colorado Springs, CO 80903 634-4821 1211 Main Avenue Durango, CO 81301 247-5860 P. O. Box 357 108 So. Frontage Road West Vail, CO 81657 476-2251 3600 S. Yosemite, Suite 350 Denver, CO 80237 779-0220 650-17th Street Denver, CO 80202 629-7329 .-.. ~• .. 9725 E. Hampden, Suite 103 Denver, CO $0237 750-8424 ` t ~. ~. .... ~ ,~.,.,p,, CC~MMITIVIENT T(] INSURE This commitment was produced and issued through the office of ~~ TIT N~ ~~ GUARANTEE CGMPANY P. O. BOX 357,108 50. FRONTAGE ROAD WEST, WAIL, COLORADO 81657 7elephane {303} 476-2251 Title Insurance Compsny a4 Minn~wta is a sul~idiary of Minnawta ~'itle Financial Carpontion. i+lASDAn Symboi - MTIT. 4 x - Cb Reception No.._.. _._ _ _ ,_.__.._ Recorder. ... FILING STAMP 3 k� Tivs DEED, Made this 14th day of December' 1982, between PUEBLO ASSOCIATES LTD. ; a Colorado Limited partnership E. a'the County of Q:'OXf erSon and State of ` pi - Colorado,ofthefirstpart:'and TOWN OF VAIL, a Colorado municipal corporation whoselegaladdressis 75 South Frontage Road, "Vail, Colorado 81657 H of t lie County of eagle`, and State of Colorado; of the second part: WITNESSETH. That the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presen ts does grant; bargain; ; sell. convey and confirm, unto the said party of the secnnd part, his heirs and assigns forever, all the following described lot or parcel of Iand, situate, lying and being in the County of Eagle and State of Colorado, to -wit: Tract A, ALLEY - PHASE V, THE V according to the recorded plat thereof, County of Eagle, State of Colorado. ' " - ii3sAlxuiw�as�tr�ii +t�»iina.��er Tf}GETHER with all anti singular the hereditanients and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title; interest, c laim and demand whatsoever of the said party of the first part, either in law or equity, o£, i in and to the above bargained premises, with the hereditaments arid: appurtenances. TO HAVE AND TO HOLD the. said premises above bargained and described, with the appurtenances, unto the said ` patty of the second part, his heirs anti assigns forever. And the said party of the first part, for Himself, his heirs i executors, and administrators. does covenant, grant, bargain, and agree to and with the said party of the second part his heirs and assigns, that at the time of the ensealing and.delivery of these presents, he is well seized o£the premises above cottveycd, as of good, sure, perfect; absolute and indefeasible estate of inheritance, in law, in fee simple, and has ` good right, full power and lawful authority to grant, bargain: sell and convey the same in manner and -form as ' aforesaid, and that the same are free an( clear from all former and other grants; bargains, salts, liens, taxes, assessments and encumbrances of whatever kind or nature soever, 'eXCept general property taxes for 1983, payable January 1, 1984, subsequent year's taxes and the following matters of record: U.S. Patent Reservations, Planned Unit Development. Plans, Eagle:County:Carmissioners' Resolutions, restrictions, reservations, easements, rights of way and protective covenants, and the aboved bargained premises in the quiet and peaceable.poscession of the said party of the second part, hi, heirs and assigns against all and every person or persons lawfully claiming of to claim the whole or any part thereof the sand party of the first pact shall and will W.VRRANT AND FORFVER DEFEND. The singular number dial) include the plus aj, the plural the singular. and the use of any gender shall be applicable to all gendeTS. SSIHF.RI;()1<. the saiii party of the first part has hereunto set his hand and seal the day anci, year first PUEBID ASSOCIATES LTD., a Colorado limited partnership m BY -; I�MAR -, - ------ js Lj MPwAI'dall- a EA' cY -_ Texas corporation, its EA �.... - - Mana 3ng Ge�xeral- I'tx�er I Robert H. Andrews, Vice Presider S'YATF. OF C'O1.ORADO county of Eagle The fot egoinr instrument was ac•knowlecigod before me ti�is 14th day of December 19 82.1)v Robert H. Andrews, as Vice .President of Lamar Management Inc. , a Texas corporation, as Managing General Partner of Pueblo Associates -Ltd., a Colorado fission expire' - �Vit ss my hand and official seal Luna tech partners'_p. $., -JAN . �A�.� � P. -" 2 + —1.81 nradfordPubliship &.5825W 6h Av No.932A. WAItR NTl3FF£n. 'AIL, CO $1659.