HomeMy WebLinkAbout1997 ResolutionsRESOLUTION NO. 1
SERIES OF 1997
A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL
FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF
THE VAIL TOWN COUNCIL,
PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD,
AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL.
WHEREAS, Section 24-6-402(c), C.R.S., as amended provides that local public bodies
must give full and timely notice to the public of any meetings at which the adoption of any
proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority
or quorum of the body is in attendance, or is expected to be in attendance; and
WHEREAS, in addition to any other means of full and timely notice, the statute provides
that a local public body shall be deemed to have given full and timely notice if notice of the
meeting is posted in a designated public place within the boundaries of the local public body no
less than twenty-four (24) hours prior to the holding of the meeting; and
WHEREAS, the statute further provides that the public place or places for posting of
such notice shall be designated annually at the local body's first regular meeting of each
calendar year; and
WHEREAS, the Town of Vail now wishes to designate a public place within its
boundaries for the posting of such full and timely notice to the public for meetings of the Town
Council, the Planning and Environmental Commission, the Design Review Board, and other
boards, committees, and authorities of the Town.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
The Town Council hereby designates the bulletin boards at the east and west
entrances of the Town of Vail Municipal Offices as the public places for the posting of full and
timely notice to the public as provided for in 24-6-402(1)(c), C.R.S., as amended.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 7& day of January, 1997.
Robert W. Armour, Mayor
ATT T:
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Holly L. McCutcheon, Town Clerk
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RESOLUTION NO. 2
Series of 1997
A RESOLUTION DESIGNATING ADDITIONAL SIGNERS PATRICIA
CORBITT AND GWEN THOMAS AND REMOVING SIGNERS RUSS JOHNSON
AND WALTER INGRAM ON AN IMPREST CHECKING ACCOUNT FOR
LIBRARY DEPOSIT TRANSACTIONS FOR THE TOWN OF VAIL,
PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND
THE STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions for funds of the Town; and
WHEREAS, the Town wishes to designate Patricia Corbitt and
Gwen Thomas as signers on this account.
WHEREAS, the Town wishes to remove Russ Johnson and Walter
Ingram as signers on this account.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. Patricia Corbitt and Gwen Thomas are hereby designated as
signers for the existing imprest library checking account for the
funds of the Town of Vail.
2. Russ Johnson and Walter Ingram are hereby removed as
signers for the existing imprest library checking account for the
funds of the Town of Vail.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVEDADOPT this 4th day of
February 1997. z
Ro ert Armour, Mayor
2TTE--
T:
CCec�e�o11y McCutcheon, Town Clerk
RESOLUTION NO. 3
SERIES OF 1997
A RESOLUTION APPROVING, ADOPTING, AND DIRECTING THE TOWN MANAGER TO
EXECUTE THE EXCHANGE AGREEMENT SETWEEN THE TOWN OF VAIL AND THE
UNITED STATES FOREST SERVICE.
WHEREAS, the Town of Vail has approved and adopted a Comprehensive Open Lands
Plan in Resolution No. 6 (1994); and
WHEREAS, the Town of Vail has approved and adopted the Land Ownership
Adjustment Plan by Resolution No. 14 (1994); and
WHEREAS, the Exchange Agreement provides that the Town of Vail will exchange 77
acres of Town of Vail owned land for 63 acres owned by the United States of America; and
WHEREAS, this action has been initiated by the Town of Vail and the United States
Forest Service to remove United State Forest Service lands from within the corporate
boundaries of the Town, remedy public and private encroachments on to United States Forest
Service land, and reduce the risk of private exchanges of United States Forest Service land
around the Town of Vail boundary; and
WHEREAS, the Land Ownership Adjustment Agreement will provide the Town of Vail a
valuable tool to object to any future proposed legislative land exchanges; and
WHEREAS, this Agreement will provide the opportunity for the Town of Vail to acquire
land appropriate for affordable housing.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
That the Exchange Agreement attached to this Resolution as Exhibit A is hereby
approved and adopted.
2. That the Town Manager is directed to execute the Exchange Agreement on
behalf of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this /Wh day of February, 1997.
R bert W. Armour, Mayor
ATTEST:
pmaolp A4C
Holly L. McCutcheon, Town Clerk
GARESOLU97.3
EXCHANGE AGREEMENT
This Exchange Agreement, made this—JJJ6 day of 6rjArq 1997
between the Town of Vail, a municipal corporation, whose ddress is 75 South
Frontage Road, Vail, Colorado 81645, hereinafter referred to as the Landowner,
and the United States of America, acting by and through the Forest Service,
Department of Agriculture, in consideration of the appraisals by the parties
hereto of the land or interest in land herein described and other good and
valuable considerations, the receipt of which is hereby acknowledged, do hereby
severally agree as follows:
WITNESSETH:
Pursuant to the General Exchange Act of March 20, 1922, as amended (42 Stat.
465) and the Act of October 21, 1976 (90 Stat. 2743), the Landowner does hereby
agree to convey to the United States of America the real property described in
Schedule "All enclosed hereto and made a part hereof. In exchange therefore,
the United States of America agrees to convey to the Landowner by Patent issued
by the Department of the Interior, the real property described in Schedule "B"
enclosed hereto and made a part hereof. There will be no need to equalize
values pursuant to Section 206(b) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716) since the values were determined to be equal. The
agreed to values for this exchange are:
Property of the Landowner: $4,502,000
Property of the United States: $4,502,000
First, the Landowner agrees to convey by Warranty Deed in accordance with
Department of Justice standards when requested by the Forest Service, the lands
or interest in lands described in Schedule "Al- to the United States of America
and its assigns, together with necessary documents required to convey good
title, free from all encumbrances except those set forth in Schedule "A."
Second, the Landowner agrees to deliver all necessary docutnents to.the Forest
Supervisor, white River National Forest, who will act as esdTow holder.
Third, the Landowner agrees to furnish title evidence on the real property
described in Schedule "A" in a form satisfactory to the Office of the General
Counsel of the United States Department of Agriculture and pay any escrow
expenses incurred herein.
Fourth, the Landowner agrees to de -annex all remaining National Forest System
land within the corporate boundary of the Town of Vail within one year of the
closing of this land exchange. This paragraph ONLY of this Exchange Agreement
shall survive closing until the de -annexation has occured and consititues a
contractual obligation on the part of the Town of Vail.
when title has been accepted by the Forest Service, the United States of
America agrees to convey by patent the real property described in Schedule 11B,"
subject to any encumbrances noted therein.
OMB No. 0596-0105 (05-31-98)
2
Both parties agree not to do, or su-�ier others to do, any act by which the
value of the real property which is the subject of the Agreement may be
diminished or further encumbered. In the event any such loss or damage occurs
from any cause, including acts of God, to the real property described in
Schedules "A" or "B," prior to execution of deed or issuance of patent, either
party may refuse without liability to complete the exchange.
This Agreement will be terminated in the event that either party cannot convey
a good and sufficient title to the real property agreed to be exchanged.
This Agreement is legally binding on all parties, subject to the terms and
conditions herein and may only be amended or terminated by mutual consent.
Pursuant to an agreement between the Landowner and Vail Associates, Inc., the
Landowner agrees to include a covenant in regard to ski area operations in all
future conveyances of the Federal land (described as Lot 3, sec. 7, T. 5 S.,
R. 80 W., 6th P.M.) to be acquired by the Landowner. The specific language of
the covenant shall be agreed to between the Landowner and Vail Associates, Inc.
No member of Congress, or Resident Commissioner, shall be admitted to any share
or part of this agreement or to any benefit that may arise therefrom unless it
is made with a corporation for its general benefit (18 U.S.C. 431, 433),
IN WITNESS WHEREOF, the Landowner, by;its duly authorized representative, and
the Regional Forester, acting for and on behalf of the Forest Service, USDA,
have executed this Agreement this day of , 19-.
TOWN OF VAIL, a municipal corporation
B'?:
ITS: ti/
FOREST SERVICE
U.S. DEPARTMENT OF AGRICULTURE
By: �- �J/l akil,
41K -
EL Z TH ES ILL
Regional Forester
Rocky Mountain Region, R-2
Public reporting burden for this collection of information is estimated to
average 4 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of
Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, D.C. 20250; and
to the Office of Management and Budget, Paperwork Reduction Project (oMB NO.
0596-0105), Washington, D.C. 20503.
ACh...JWLEDGMENT
State of MOMC>f*O )
) SS
�""'
County of )
3
On this LIM day of Fey, 1997, before me, ♦K „
a Notary Public in and for said State, personally appeared 1612&
as %l7M %G/d172�Q„L/� for the Town of Vai �ipal corporation.
.hc
IN WITNESS -WHEREOF, I hereunto set my hand
HollyL MXu6r= �'TFOf: Co
My Commission expires: Nnb ly Aft
75 S. FM" Rd.
Vail, CO 81657
My Commisslon Expires 01107/99
ACKNOWLEDGMENT
State of Colorado )
) SS:
County of Jefferson)
On this J_qth day of 1997, before me, WJE DAMRna
Notary Public in and for said State, personally appeared
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
i
E DAMRONARY PUBLICOF COLORADO Notary Public signature
My Commission expires: and:�AI_
4
i,_AEDULE A
Lands, interest in lands, that the Landowner will convey to the United states
of America:
Fee title to the following lands in Colorado:
Sixth Principal Meridian
T. 5 S., R. 81 W.
sec. 11, that portion of the NE1/4SE1/4 lying northerly of the
northerly boundary lines of Vail Heights Filing No. 1, according to
the Plat recorded June 25, 1969, in Book 215 at Page 438 and
Resubdivision of Buffer Creek according to the Plat recorded October
8, 1963 at Reception #98077; and that portion of the SWI/4SE1/4 lying
northerly and westerly of the north and west boundary of Vail Das
Schon - Filing No. 2, according to the Plat recorded as Reception No.
110984.EXCEPT the following parcel:
Beginning at the northwest corner of Lot 10 of Vail Das Schone
Filing No. 2; thence N 01 degrees 51 minutes 10 seconds E 248.85
feet; thence S 88 degrees 08 minutes 50 seconds E 70.00 feet;.
thence S 47 degrees 52 minutes 03 seconds E 181.47 feet to a
point being the northeast corner of said subdivision Lot 10;
thence along the north line of said Lot 10, S 59 degrees 36
minutes 06 seconds W 246.47 feet to the point of beginning; and
LESS AND EXCEPT a 1.29 acres parcel to be donated by the Landowner
(see Schedule C attached hereto and made a part hereof); and
sec. 14, Lots 16, 19, and 21.
Containing an aggregate of 75.02 acres, more or less, in Eagle County.
t _
Subject to:
Reservations:
1. Reserving to the Landowner and its assigns, a right-of-way, for
non -motorized traffic only, over the existing North Vail Trail, over and
across Lots 16, 19, and 21, sec. 14, T. 5 S., R. 81 W., 6th P.M., the
easement being 10 feet in width, lying equally on each side of the
centerline.
Outstanding Rights:
I. Right of way for ditches and canals constructed by the authority of the
United States as reserved in the United States Patent recorded August 3,
1976, in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at
Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.)
5
2. Right of way for distribution line purposes granted to Holy Cross
Electric Association, Inc., its successors or assigns as set forth in the
Patent recorded August 3, 1976 in Book 247 at Page 848 and rerecorded
March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14,
Lots 16 and 19.)
3. Rights for an access road as granted to Community Television, Inc., its
successors or assigns as set forth in the Patent recorded August 3, 1976,
in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at
Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.)
4. A perpetual exclusive easement to locate, construct, use control,
maintain, improve, relocate, and repair a road as granted to the United
States of America and its assigns in instrument recorded August 3, 1976 in
Book 247 at Page 849. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and
19.)
S. Water and water rights, ditch and ditch rights.
6. Right of a proprietor of a vein or lode to extract and remove his ore
therefrom should the same be found to penetrate or intersect the premises
as reserved in United States Patent recorded August 22, 1900, in Book 48 at
Page 236. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.)
7. Right of way for all water ditches crossing the described property
together with the right of ingress and egress for the purpose of
maintaining such ditches, as reserved in deed recorded in Book 188 at
Page 225. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.)
G. Any tax, lien, fee or assessment by reason of inclusion of subject
property in the Vail Metropolitan Recreation District, as evidenced by
instrument recorded December 17, 1987, in Book 475 at Page 819 and
February 2, 1989, in Book 499 at Page 683. (Affects T. 5 S., R. 81 W.,
sec. 14, Lots 16 and 19.)
9. Right of a proprietor of a vein or lode to extract and remove his ore
therefrom should the be found to penetrate or intersect -the premises as
reserved in United States Patent recorded October 4, 1918, in Book 93 at
Page 301. (Affects T. 5 S., R. 81 W., sec. 14, Lot 21.)
10. Right of way for ditches or canals constructed by the authority of the
United States as reserved in United States Patent recorded October 4, 1918.
in Book 93 at Page 301. (Affects T. 5 S., R. 81 W., sec. 14, Lot 21.)
11. Right of way easement as granted to Holy Cross Electric Association,
Inc. in instrument recorded November 5, 1971, in Book 222 at Page 170.
(Affects T. 5 S., R. 81 W., sec. 14, Lot 21.)
12. Right of a proprietor of a vein or lode to extract and remove his ore
therefrom should the same be found to penetrate or intersect the premises
as reserved in United States Patent recorded August 11, 1900, in Book 48 at
Page 236. (Affects a portion of the hereinbefore described land in
T. 5 S., R. 81 W., sec. 11.)
13. Common access easement and water tank affecting subject property as
shown on the recorded Plat of Vail Das Schone - Filing No. 2. (Affects a
portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11).
6
14. Reservation of an undivided 1/2 interest in and to the oil, gas and
mineral rights to the above described land as set forth in Warranty Deed
recorded December 30, 1959, in Book 165 at Page 133. (Affects a portion of
the hereinbefore described land in T. 5 S., R. 81 W., sec. 11).
15. Lack of access to a public road or highway. (Affects a portion of the
hereinbefore described land in T. 5 S., R. 81 W., sec. 11).
7
SCHEDULE B
Lands, interest in lands, that the United States will convey to the Landowner:
Fee title to the following lands in Colorado:
Sixth Principal Meridian
T. 5 S. R. 79 W.
sec. 7, Lot 1; and
sec. 18, Lot 9.
T. 5 S., R. 80 W.
sec. 2, Lots 1 and 3;
sec. 4, Lot 1;
sec. 7, Lot 3;
sec. 9, Lots 2 and 3; and
sec. 12, Lots 4 and 8.
T_5 S. R. 81„W.
sec. 1, Lot 23;
sec. 11, a portion of Lot 13 appoximating the SE1/4SE1/4SE1/4SW1/4.
Containing 62.268 acres, more or less, Eagle County.
(NOTE: The hereinbefore legal descriptions and the associated acres may change
as a result of approval of Supplemental Plats issued by the USDI-Bureau of Land
Management. This Exchange Agreement may be amended to any discrepancies as a
result of the approved plats.)
Subject to,:
Reservations•
1. Reserving to the United States a right of way thereon for ditches and
canals constructed by the authority of the United States Act of August 30,
1890 (43 U.S.C. 845).
2. Reserving to the United States and its assigns, a right-of-way for the
existing road over and across Lot 9, sec. 18, T. 5 S., R. 79 W., 6th P.M.,
the easement being 20 feet is width, lying equally on each side of the
centerline.
3. Reserving to the United States and its assigns, a right-of-way, for
non -motorized traffic only, over the existing trail (Trail #2011) over and
across Lot 1, sec. 2, T. 5 S., R. 80 W., 6th P.M., the easement being 10
feet in width, lying equally on each side of the centerline.
8
4. Reserving to the United States and its assigns, a right-of-way, for
non -motorized traffic only, over the existing trail over and across a
portion of Lot 13, sec. 11, T. 5 S., R. 81 W., 6th P.M., the easement being
to feet in width, lying equally on each side of the centerline.
Provided, that if the Regional Forester determines that the roads or trails
in paragraph numbers 2, 3, and 4, immediately above, or any segments
thereof, are no longer needed for the purposes reserved, the easement shall
be terminated. The termination shall be evidenced by a statement in
recordable form furnished by the appropriate Regional Forester to the
patentees/grantees or their successors or assigns in interest.
5. Reserving to the United States and its assigns, a right-of-way over and
across Lot 3, Sec. 7, T. 5 S., R. 8o W., 6th P.M., to the junction with
Forest Development Road #711 at the new forest boundary, the easement being
22 feet in width, lying equally on each side of the centerline. The right
of way is presently provided on the existing Rockledge Road, and the
northern end of Forest Development Road #711. If, in the discretion of the
Landowner, it becomes necessary to relocate the existing Rockledge Road to
create an 80 x 80 foot building site with at least 15,000 square feet of
contiguous land area, both parties hereby agree that the location of the
reserved right of way shall be moved. The Landowner agrees to provide
notice of such relocation to the Forest service to allow consultation, and
concurrence as to location, between the parties to a continued right of way
to Forest Development Road #711. Said relocation of the right of way, and
all related road construction costs, shall be at the expense of the
Landowner.
Provided, that if the Regional Forester determines that the road or any
segments thereof, are no longer needed for the purposes reserved, the
easement shall be terminated. The termination shall be evidenced by a
statement in recordable form furnished by the appropriate Regional Forester
to the patentees/grantees or their successors or assigns in interest.
6. Unless otherwise specified herein, the rights-of-way reserved herein
may be relocated, at the patentee's/grantee's expense, by mutual agreement
between the patentees/grantees, or their successors or assigns in interest,
and the United States or its assigns and the execution of proper legal
documents acceptable to the United States.
Outstanding Rights:
1. Right of way Serial No. C-10482 issued to Colorado Department of
Highways on October 15,1969, for Interstate Highway Project I-70-2(7)183.
(Affects T. 5 S., R. 80 W., sec. 2, Lot 3; sec. 12, Lots 4 & 8.)
2. Right of way Serial No. C-3.6413 issued to Colorado Department of
Highways on May 14, 1982, for Interstate highway Project I-70-2(38),
(Affects T. 5 S., R. 79 W., sec. 7, Lot 1; and T_ 5 S., R. 80 W., sec. 12,
Lot 8 . )
9
3. Right of way issued to Eagle County Board of Commissioners on
August 16, 1971, for Lions Ridge Subdivision Road, being 80 feet in width,
lying 40 feet on each side of the centerline, as recorded. in Book 222 at
Page 143 of the official records in Eagle County, Colorado. (Affects
T. 5 S., R. 81 W., sec. 1, Lot 23.)
Other:
1. Landowner shall execute, or cause its successors in interest to execute
with respect to such land suitable easements or agreements in favor of the
parties;now holding Forest Service Special Use Permits listed below. Said
easements or agreements shall, as a minimum, authorize those rights,
privileges, and obligations currently authorized by Forest Service Special
Use Permits.
A. Special Use Permit issued to Colorado RSA #3 Partnership through
its General Partner, US West New Vector Group, Inc., dated May 1,
1994, for managing and operating communications uses (affects T. 5 S.,
R. 79 W., sec. 18, Lot 9.)
B. Special Use Permit issued to Colorado High Country Cellular
Limited Partnership (AKA Cellular one), dated May 1, 1994, for
managing and operating communications uses (affects Parcel T. 5 S.,
R. 79 W., sec. 18, Lot 9.)
C. Special Use Permit issued to Town of Vail, Dept. of Public Works,
dated September 19, 1989 for constructing and maintaining a
trench -berm (affects T. 5 S., R. 80 W., sec. 2, Lot 1.)
D. Special Use Permit issued to Holy Cross Electric Assn., Inc.,
dated July 6, 1984, for operation and maintenance of a transmission
line (affects T. 5 S. R. 80 W., sec. 7, Lot 3.)
E. Special Use Permit issued to Holy Cross Electric Assn., Inc, dated
July 9, 1984, for construction, operation, and maintenance of a
transmission line (affects T. 5 S., R. 79 W., sec..18, Lot 9; T. 5 S.,
R. 80 W., sec. 2, Lots 1 & 3; sec. 7, Lot 3.)
F. Special Use Permit issued to Vail Valley Consolidated Water
District, (now Eagle River Water & Sanitation District), dated
October 19, 1967, for construction, operation and maintenance of water
and sanitation systems (affects T. 5 S., R. 80 W., sec. 2, Lot 1;
sec. 7, Lot 3; and sec. 9, Lots 2 & 3.)
G. Special Use Permit issued to Upper Eagle Valley Sanitation
District (now Eagle River Water & Sanitation District), dated
November 3, 1982, for construction, operation, and maintenance of
buried sewerlines (affects T. 5 S., R. 80 W., sec. 9, Lots 2 & 3.)
H. Master Permit issued to Mountain States T&T Co. (now US West
Communications, Inc.), dated August 1, 1969, for operating and
maintaining telephone and telegraph lines (aerial and buried cable)
(affects Parcels T. 5 S., R. 80 W., sec. 2, Lot 1; sec. 7, Lot 3; and
sec. 9, Lots 2 & 3.)
10
I. Special Use Permit issued to Public Service Company of Colorado,
dated March 2, 1988, for construction, operation, and maintenance of
natural gas distribution pipelines and related facilities (affects
T. 5 S., R. 80 W., sec. 2, Lot 3; sec. 7, Lot 3.)
2. The Forest Supervisor, White River National Forest, shall secure
partial relinquishments/waivers of the Special Use Permits listed in #1
immediately above, upon execution of the easements or agreements by the
Landowner. Such relinquishments may be in the form of a relinquishment
document or permit amendment.
3. The Forest Supervisor, White River National Forest, shall secure
partial relinquishments/waivers of the following Special Use Permits which
do not require a replacement easement or agreement by the Landowner:
A. Ski Area Term Special Use Permit issued to The Vail Corporation,
dated November 23, 1993, for constructing, operating, and maintaining
a winter sports resort. (Affects T. 5 S., R. 80 W., sec. 7, Lot 3.)
B. Temporary Special Use Permit issued to Vail Recreation District,
dated May 1, 1993, for outfitting and guiding services (Affects all
land hereinbefore described.)
4. Patent shall be issued subject to the following covenant which shall
run with the land:
"Grantee, their successors and assigns, doe hereby covenant and agree
to refrain from the construction, erection or maintenance of any
structures of any kind, filling of land, reduction in water supply or
vegetal diversity, or modification of surface or subsurface flow paths
on the acres of wetlands located within an area ten (10) feet above
the normal high water demarcation along both banks of both tributaries
of Booth Creek as measured along the slope of the land as well as the
lands identified and delineated as wetlands. (Affects T. 5 S.,
R. 80 W., sec. 2, Lot 1.) (See Figure 5 entitled "Parcel S3 - Wetlands
Delineated 10/31/9511, attached hereto and made a part hereof.)
5. Patent shall be issued subject to the following covenant which shall
run with the land:
"Grantee, their successors and assigns, do hereby covenant and agree
to refrain from the construction, erection or maintenance of any
structures of any kind, filling of land, reduction in water supply or
vegetal diversity, or modification of surface or subsurface flow paths
on the acres of wetlands located within an area ten (10) feet above
the normal high water demarcation along both banks of Red Sandstone
Creek as measured along the slope of the land as well as the lands
identified and delineated as wetlands. (Affects T. 5 S., R. 81 W.,
sec. 1, Lot 23.) (See Figure 4 entitled "Parcel S9 - Wetlands
Delineated 10/31/9511, attached hereto and made a part hereof.)
11
6. Patent shall be issued subject to the following covenant which shall
run with the land:
"Grantee, their successors and assigns, do hereby covenant and agree
to refrain from the construction, erection or maintenance of any
structures of any kind, filling of land, reduction in water supply or
vegetal diversity, or modification of surface or subsurface flow paths
on the lands identified and delineated as wetlands. (Affects.
T. 5 S., R. 79 W., sec. 7, Lot 1.) (See Figure 3 entitled "Parcel S11
- Wetlands Delineated 10/31/9511, attached hereto and made a part
hereof.
12
SCHEDULE C
Lands to be donated to the United States of America:
Sixth Principal Meridian
T. 5 S. R. 81 W.
A parcel of land situated in the SW1/4SE1/4 of Section 11, Township 5
South, Range 81 West of the Sixth Principal Meridian, County of Eagle,
State of Colorado, being more particularly described as follows:
Beginning at a U.S. Forest Service aluminum cap on aluminum pipe
stamped "AP PLS 18478, whence the U.S. G.L.O. brass cap for the South
one-quarter corner of said Section 11 bears S.01051'1011W. a distance
of 779.90 feet, thence N.01051110"E. 237.49 feet; thence S.88008150"E.
237.49 feet; thence 5.01051'1011W. 237.49 feet; thence N.8800815011W.
237.49 feet to the point of beginning.
Containing 1.29 acres, more or less.
Subject to:
Reservations: None
Outstanding Rights: None
Other:
1. The Landowner shall issue a utility easement, at or prior to closing of
this transaction, to Eagle Rivgr Water and Sanitation District across a
portion of the SWI/4SEI/4, sec. 11, T. 5 S., R. 8I W., 6th P.M.
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RESOLUTION NO.4
SERIES OF 4997
A RESOLUTION ADOPTING THE SISTER CITIES PROTOCOL AGREEMENT BETWEEN
THE TOWN OF VAIL, COLORADO AND DELATITE SHIRE, AUSTRALIA.
WHEREAS, the Town of Vail Town Council is interested in expanding its sister city
relationships to stimulate economic and cultural cooperation between and among cities and
towns similarly situated.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
The Town of Vail, Colorado and Delatite Shire, Australia shall henceforth as
mutually agreed create a sister city relationship for the purpose of economic cooperation and
contact in the fields of science, education, culture, health, sports, and tourism.
2. To memorialize such cooperation and agreement the Town Council hereby
approves and adopts the Sister Cities Protocol Agreement attached hereto as Exhibit A, which
Agreement will go into effect upon the date of the execution by the Town of Vail Mayor and by
the appropriate official of Delatite Shire, Australia.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this day of February, 1997.
Ro rt W. Armour, Mayor
ATT T:
Holly L. McCutcheon, Town Clerk
C IRESOLU97.4
SISTER CITIES PROTOCOL AGREEMENT
Regarding economic cooperation and contact in the fields of science, education,
culture, health, sports, and tourism between sister cities Vail, Colorado and
Delatite Shire, Australia.
In order to develop friendship between people of Delatite Shire, Australia and the United
States of America and to stimulate economic and cultural cooperation, the Town of Vail and
Delatite Shire delegations came to terms of the following agreements:
I . The Executive Committee of Delatite Shire and the government of the Town of
Vail will do their utmost in order to facilitate the most favorable conditions in cooperating in the
areas of science, economy and culture. They agree to establish direct contact between enterprises
and scientific organizations, to organize mutual visits, and exchange delegations.
2. We agree to study mutual possibilities in order to develop joint ventures and
prepare practical exchanges in fields of industry, mercantile, and others.
3. We will take steps to realize friendly activities; to have cultural exchanges in the
areas of sports, health, and other fields. In order to do this, we would like to exchange friendly
delegations and to look for other means of cooperation.
4. This document goes into effect on the date of signature.
Delatite Shire, Australia Town of Vail, Colorado
By:
Its:
By:_
Its:
By:_
Its:
By:
Robert W. Armour
Its: Mayor
RESOLUTION NO. 5
SERIES OF 1997
A RESOLUTION DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION OF, AN EASEMENT FOR STREET AND SIDEWALK USE ON LAND OWNED
BY THE FIRSTBANK OF VAIL, A COLORADO BANKING CORPORATION, BY EITHER
NEGOTIATION OR CONDEMNATION FOR TOWN PUBLIC PURPOSES.
WHEREAS, FirstBank of Vail, a Colorado banking corporation has ownership of property
which is necessary and critical for street and sidewalk use.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. It is hereby determined that it is necessary for the public health, safety, and welfare
that certain property be acquired from the Firs#Bank of Vail, a Colorado banking corporation, for
a temporary easement associated with the West Vail Roundabouts road improvements project
located within Tract C, a Resubdivision of Vail Das Schone, Filing No. 3, Vail, Colorado. The
necessary property, as described in attached Exhibit A, is to be acquired by negotiation and
purchase if possible; provided, however, the condemnation of said property is hereby specifically
approved and authorized. The property sought to be acquired is to be used for municipal public
purposes.
2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is legally
described and set forth in the attached Exhibit A, which is hereby determined to be necessary to
be acquired to be used for a temporary construction easement for street and sidewalk use which
is necessary and in the best public interest of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this ice. day of March, 1997.
ATTEST:
Holly L. McCutcheon, Town tlerk
CARESOLU97.5
'yb�itl Navas, Mayor Pro -Tem
Resolution No. 5, Series of 1997
EXWBIT A -
A PARCEL OF LAND
LOCATED IN SECTION 11.
TOWNSHIP S SOUTH, RANGE 81 WEST,
OF THE SIXTH PRINCIPLE MERIDIAN
TOWN OF VAIL, EAGLE COUNTY, COLORADO
Ilk
PROPERTY HIxINfIA14Y
- - 1111111Y CA517MENT
SET BACK IINF
PERMANFNT [ ROPLIt I Y ACOUISITION
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RESOLUTION NO. 6
SERIES OF 1997
A RESOLUTION DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION OF, AN EASEMENT FOR STREET AND SIDEWALK USE ON LAND OWNED
BY THE WEST VAIL MALL CORP., A COLORADO CORPORATION, BY EITHER
NEGOTIATION OR CONDEMNATION FOR TOWN PUBLIC PURPOSES.
WHEREAS, West Vail Mall Corp. has ownership of property which is necessary and critical
for street and sidewalk use.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. It is hereby determined that it is necessary for the public health, safety, and welfare
that certain property be acquired from the West Vail Mall Corp., a Colorado Corporation, for a
temporary easement associated with the West Vail Roundabouts road improvements project
located within Lot 2A, Vail Das Schone, Filing No. 3, Vail, Colorado. The necessary property, as
described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided,
however, the condemnation of said property is hereby specifically approved and authorized. The
property sought to be acquired is to be used for municipal public purposes.
2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is legally
described and set forth in the attached Exhibit A, which is hereby determined to be necessary to
be acquired to be used for a temporary construction easement for street and sidewalk use which
is necessary and in the best public interest of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this *k, day of March, 1997.
ATTEST:
Holly L. McCutcheon, Town Clerk
CARESOLU97.6
C-
ytSill Navas, Mayor P -Tem
6 �y
Resolution No. 6, Senes of 1997
EXHF31T A
A PARCEL OF LAND
LOCATED, IN SECTION 11
TOWNSHIP 5 SOUTH, RANC,IE 81 WEST,
OF THE SIXTH PRINCIPLE MERIDIAN
TOWN OF VAIL, EAGLE COUNTY, COLORADO
VAI[. DDS SC:I-IUNF I' ILING S
Lot 2A
I
VAIL DDS SCACNF. F11 -INC 3
I-ot 2D
A _ 112A i14 F A`J Iril KI
♦0
n �
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ertP(.� R
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10:11" `p
172 sq.ft.
84.5 sq.it.
l:U(Yl.Itrnv
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— UTILITY EASEMENT
SET BACK UNE
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k PERMANENT PROPERTY ACQUISITION ��RUNNNA TEMPORARY CONSTRUCTION EASLMENT
4 " N
` ��a't°' i • uM
PROOF OF PUBLICATION
STATE OF COLORADO)
) SS.
CUUNTY OF EAGLE )
I, ALLEN KNOX do solemnly swear that I am the PUBLISHER of
THE VAIL TRAIL; that the same is a weekly newspaper printed, in whole or in part and
published in the County of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously and uninterruptedly in
said County of Eagle for a period of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or advertisement; that said
newspaper has been admitted to the United States mails as second class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof, and that
said newspaper is a weekly newspaper duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State of Colorado. That the
annexed legal notice or advertisement was published in the regular and entire issue
of 4very number of said weekly newspapers for the period of I _ consecutive
k dons; and that the first publication of said notice was in issue of said newspaper
dated - i 9)7 and that the last publication of said notice
was in the Issue of said newspaper dated 046 7 1997. In witness
whereof I have hereunto set my hand this n_ day of
190�7 .
Subscribed and sworn to before me, a notary public in awe County of
Eagle, State of Colorado, this 7_1-1� day of We , 19 .
`Y oner'
J�•OTAR}:))C4
� r
• ITission exp n une 20, 2000,
`0 7 B
0F COQ'
Public Notice
RESOLUTION NO. e
swim of My
A RESOLUTION DETEMNINNNO THE
NECESSITY OF. AND AU NORMG THE
ACQUISITION OF, AN EASE11ENi FOR
STREET AND SIDEWALK USE ON LAND
OWNED BY THE WEST VAIL MALI,
CORPONA71OK-A COLORADO
CORPORATION. BY EITHER NEGOTIATION
OR CONDEMNATION FOR TOWN PUBLIC
PURPOSES.
WHEREAS. Waet Vel Idol Carppatlon hss
Ownenft of properly whk* in nsm"" and
aNkd for aw" and surmi c Ula.
NOW. THEREFORE, BE IT RESOLVED
BY THE TOWN COUNCIL OF THE TOWN OF
VAL. COLORADO THAT:
1. IN is hemby dahrmkod dmd IN Is nsoew"
for the pubic h"kh. UWY. end asthre OW
d VON
C po Ion. � Collor W Cogwaftftm on % for a
Mnowo y eseantwt sewdlied w1h to Wbd Val
Roundabouts rood Improrehurts p j0W imp ated.
wthfn LOt 2A, Vat Des Sdiau, FRV Na 8, VMI,
calarab. 710 21112010d E ben n. m
aw PUNINM If pDtel6: PVVMK howere , the
w dm,metm d aakf properly k hWft sped k*
approved and au hcft d. Thi preprq wVt b
be scoured Is to be wed for wmkkW pubic
w Z -The Tomi Anomer is 1moy epecMcdy
Guth 1 1 1 WW d mded to Woe at name hqW
meewee. IrNWA p oondsrW*ft%io=*" ft
trs a�y
NedMd E�dtb>t A whloply �M he ft
I* be neoeeesry to be soquied to be wed IOr a
IOMPO ry cmatnoCdW sho n &* for shoat and
aidawrtc 11M iNlldo Js neoeeaary and b tN ben
PIS itsrsM d tta Teas d Val,
3, This maoi4icrl ahsl pre effad kmudaley
INTR�OOt�JCED, READ. APPROVED AND
ADOP W 1W 4Th lord *Wdr,1017.
TOWN OF VAIL
Robot W. Ammw
A �
TEST -
Tows 1AMk
E~A N on lie it tta
alks d to Tawe CWk
end ikrAftbb w- moiast.
Publrhsd In The Val Trac
RESOLUTION NO.7
SERIES OF 1997
A RESOLUTION DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION OF, AN EASEMENT FOR STREET AND SIDEWALK USE ON LAND OWNED
BY McDONALD'S CORPORATION, A COLORADO CORPORATION, BY EITHER
NEGOTIATION OR CONDEMNATION FOR TOWN PUBLIC PURPOSES.
WHEREAS, McDonald's Corporation, a Colorado corporation has ownership of property
which is necessary and critical for street and sidewalk use.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. It is hereby determined that it is necessary for the public health, safety, and welfare
that certain property be acquired from McDonald's Corporation, a Colorado corporation, for a
temporary easement associated with the West Vail Roundabouts road improvements project
located within Lot 213, Vail Das Schone, Filing No. 3, Vail, Colorado. The necessary property, as
described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided,
however, the condemnation of said property -is hereby specifically approved and authorized. The
property sought to be acquired is to be used for municipal public purposes.
2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is legally
described and set forth in the attached Exhibit A, which is hereby determined to be necessary to
be acquired to be used for a temporary construction easement for street and sidewalk use which
is necessary and in the best public interest of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this qday of March, 1997.
ATTEST:
Holly L. McCutcheon, Town Clerk
CARESOLU97.7
i
y dI Navas, Ma r P -Tem
Resolution No, 7, Series of 1997
EXH131T A
A PARCEL OF LAND
LOCA ED; IN SECTION 11,
TOWNSHIP 5 SOUTH. RANGE 81 WEST,
OF THE SIXTH; PRINCIPLE MERIDIAN
TOWN OF VAIL, EAGLE COUNTY, COLORADO
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RESOLUTION NO.8
SERIES OF 1997
A RESOLUTION DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION OF, EASEMENTS FOR STREET AND SIDEWALK USE ON LAND OWNED
BY HIGHLAND PUD BY EITHER NEGOTIATION OR CONDEMNATION FOR TOWN PUBLIC
PURPOSES.
WHEREAS, Highlands PUD has ownership of property which is necessary and critical for
street and sidewalk use.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. It is hereby determined that it is necessary for the public health, safety, and welfare
that certain property be acquired from Highlands PUD for a temporary easement and a permanent
easement associated with the West Vail Roundabouts road improvements project located within
a portion of Tract A, Highland Meadows, Vail, Colorado. The necessary property, as described in
attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, however,
the condemnation of said property is hereby specifically approved and authorized. The property
sought to be acquired is to be used for municipal public purposes.
2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is legally
described and set forth in the attached Exhibit A, which is hereby determined to be necessary to
be acquired to be used for a temporary construction easement and a permanent easement for
street and sidewalk use which are necessary and in the best public interest of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this Le& day of March, 1997.
ATTEST:
iFVL
C
Holly . McCutcheon, Town Clerk
CARESOLU97.8
y Navas, Mayor Pro -Tem
Resolution No. 8, Series of 1997
EXHIBIT A
SHEF-"r. I OF 2
A PARC 3- OF LAND
LOCATED IN SECTIONS hl/74,
TOWNSHIP 5 SOUTH, RANGE 81 WEST,
OF THE SIXTH PRINCIPLE MERIDIAN
TOWN OF VAIL., EAGLE COUNTY, COLORADO
LEMNII
PROMIt1Y UOUNOARY
'— UT1111Y I AN MINI
SET IIACK 11141
I-PLIMANCNT PROPF111Y ACULg51110N
bras hh
(o MUM t9ttM3t.It1Y rORNCR
5CCTION IINFS
"Myl%:%:\FF\ mm TCMPORARY CONS IRI MICIN EA5LMLN 1
�s.�w
F
�- EXRIBIT A
SHEE . 2 OF 2
A PARCEL OF LAND
LOCATED IN SECTIONS 11/14.
TOWNSHIP 5 SOUTH. MANGE 81 WEST,
OF -THE SIXTH PRINCIPLE MERIDIAN
TOWN OF VAIL. EAQLE COUNTY. COLORADO
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RESOLUTION NO.9
SERIES OF 1997
A RESOLUTION DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION OF, EASEMENTS FOR STREET AND SIDEWALK USE ON LAND OWNED
BY WEST VAIL ASSOCIATES, LTD. BY EITHER NEGOTIATION OR CONDEMNATION FOR
TOWN PUBLIC PURPOSES.
WHEREAS, West Vail Associates, Ltd. has ownership of property which is necessary and
critical for street and sidewalk use.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. It is hereby determined that it is necessary for the public health, safety, and welfare
that certain property be acquired from West Vail Associates, Ltd. for a temporary easement and
a permanent easement associated with the West Vail Roundabouts road improvements project
located within Tract B, a Resubdivision of Vail Das Schone, Filing No. 1, Vail, Colorado. The
necessary property, as described in attached Exhibit A, is to be acquired by negotiation and
purchase if possible; provided, however, the condemnation of said property is hereby specifically
approved and authorized. The property sought to be acquired is to be used for municipal public
purposes.
2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is legally
described and set forth in the attached Exhibit A, which is hereby determined to be necessary to
be acquired to be used for a temporary construction easement and a permanent easement for
street and sidewalk use which are necessary. and in the best public interest of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this qday of March, 1997.
ATTEST:
C
Holly L McCutcheon, Town Clerk
CARESOW97.9
Sybill Navas, Mayor Pr6-Tem
Resolution No. 9, Series of 1997
EXKIBIT A
A PARCEL OF LAND
I.ocATED IN SECTION 11.
TOWNSHIP S. SOUTH, FLANGE 87 WEST,
OF -THE SIXTH PRINCIPLE MERIDIAN
TOWN OF VAIL, EAGLE COUNTY. COLORADO
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RESOLUTION NO. 10
SERIES OF 1997
A RESOLUTION DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION OF, EASEMENTS FOR STREET AND SIDEWALK USE ON LAND OWNED
BY REAUT CORPORATION BY EITHER NEGOTIATION OR CONDEMNATION FOR TOWN
PUBLIC PURPOSES.
WHEREAS, Reaut Corporation has ownership of property which is necessary and critical
for street and sidewalk use.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. It is hereby determined that it is necessary for the public health, safety, and welfare
that certain property be acquired from Reaut Corporation for a temporary easement and a
permanent easement associated with the West Vail Roundabouts road improvements project
located within Tract K, a portion of land lying within a Resubdivision of both Vail Das Schone,
Filings No. 1 and No. 3, Vail, Colorado. The necessary property, as described in attached Exhibit
A, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation
of said property is hereby specifically approved and authorized. The property sought to be
acquired is to be used for municipal public purposes.
2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is legally
described and set forth in the attached Exhibit A, which is hereby determined to be necessary to
be acquired to be used for a temporary construction easement and a permanent easement for
street and sidewalk use which are necessary and in the best public interest of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this day of March, 1997.
ATTEST:
Fni q X N(-Cu4,-
Holly L. McCutcheon, Town Clerk
CARESOLU97.10
Resolution No. 10, Series of 1997
E X HI'�iT A -
A PARCEL OF LAND
LOCATED IN SECTION 11.
TOWNSHIP 5 SOUTH, RANGE 81 WEST,
OF THE SIXTH: PRINCIPLE MERIDIAN
TOWN OF VAIL. EAGLE COUNTY, COLORADO
— — — - PROPERTY BOUNDARY
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RESOLUTION NO. 11
SERIES OF 1997
A RESOLUTION DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION OF, EASEMENTS FOR STREET AND SIDEWALK USE ON LAND OWNED
BY VAIL CITY CORP. BY EITHER NEGOTIATION OR CONDEMNATION FOR TOWN
PUBLIC PURPOSES.
WHEREAS, Vail City Corp. has ownership of property which is necessary and critical for
street and sidewalk use.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT;
1. It is hereby determined that it is necessary for the public health, safety, and welfare
that certain property be acquired from Vail City Corp. for a temporary easement and a permanent
easement associated with the West Vail Roundabouts road improvements project located within
Tract A, a Resubdivision of Vail Das Schone, Filing No. 1, Vail, Colorado. The necessary property,
as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible;
provided, however, the condemnation of said property is hereby specifically approved and
authorized. The property sought to be acquired is to be used for municipal public purposes.
2. The Town Attorney is hereby specifically authorized and directed to take all
necessary legal measures, including condemnation, to acquire the property which is legally
described and set forth in the attached Exhibit A, which is hereby determined to be necessary to
be acquired to be used for a temporary construction easement and a permanent easement for
street and sidewalk use which are necessary and in the best public interest of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this ='4 -day of March, 1997.
ATTEST.
Holly L. McCutcheon, Town Clerk
CARESOLU97.11
avas, Mayor Pro -Tem
Resolution No. 11. Series of 1997
EXHIBIT A
A PARCEL OR LAND
LOCATED IN SECTION -11,
TOWNSHIP G SOUTH, RANGE 81 WEST,
OF THE SIXTH PRINCIPLE MERIDIAN
TOWN OF VAIL, EAGLE COUNTY, COLORADO
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sadsI to r 40'
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RESOLUTION NO. 12
SERIES OF 1997
A RESOLUTION TO ESTABLISH A 457 DEFERRED COMPENSATION PLAN FOR THE
FIRE FIGHTERS AND POLICE OFFICERS OF THE TOWN OF VAIL.
WHEREAS, to establish a 457 Deferred Compensation Plan for the firefighters and
police officers of the Town of Vail that is administered by the Fire and Police Pension
Association, it is necessary to establish agreements with the Fire and Police Pension
Association of Colorado; and
WHEREAS, the Town of Vail is a municipality with employees who are members of the
Fire and Police Pension Association as defined in C.R.S. Section 31-31-1024; and
WHEREAS, the purpose of the 457 Deferred Compensation Plan is to enable
employees who become covered under the plan to enhance their retirement security; and
WHEREAS, there is in existence a 457 Deferred Compensation Plan for Town of Vail
employees who are not members of the Fire and Police Pension Association of Colorado.
that:
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado,
That the Town of Vail hereby establishes a Deferred Compensation Plan to be
effective upon the execution of the necessary plan agreements.
2. That the Town Council hereby approves and adopts the Adoption Agreement,
the Model FPPA Deferred Compensation Plan, and the Rabbi Trust Agreement attached
hereto as Exhibit A and directs the Town Manager to execute these and all other agreements
necessary to establish the 457 Deferred Compensation Plan for the firefighters and police
officers of the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED is , ,D 'day of March, 1997.
Robert W. Armour, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
CARESQLU97.12
ADOPTION AGREEMENT
FOR THE MODEL FPPA DEFERRED COMPENSATION
TRUST AGREEMENT
This Agreement made as of May 1, 1997, by and between the Fire and Police
Pension Association of Colorado (hereinafter referred to as the Trustee) and Town of Vail
hereinafter referred to as the Employer).
WHEREAS, the Employer has executed an Adoption Agreement to establish
a Model FPPA Deferred Compensation Plan (hereinafter referred to as the "Plan") to
provide deferred compensation and retirement benefits to Employees under Internal
Revenue Code § 457; and
WHEREAS, the Employer wishes to establish a Trust and to transfer to the
Trust, assets which shall be held for the exclusive purposes of providing benefits to the
Participants and Beneficiaries and defraying reasonable expenses of administering the
Plan and Trust, in such manner and at such times as specified in the Plan;
NOW, THEREFORE, the Employer and the Trustee hereby establish the
Trust and agree that the terms of the Trust shall be comprised as set forth in the attached
Model FPPA Deferred Compensation Trust Agreement attached hereto.
IN WITNESS WHEREOF, the undersigned parties have executed this
Adoption Agreement on .z 1997.
EMPLOYER
Town of Vail
FPPA,TRUSTEE
By: P -z7- ;
Its: Executive Director
L -Z
�L�
By: —/
Its:
� L-L,�:, rn4--,,
FPPA,TRUSTEE
By: P -z7- ;
Its: Executive Director
MODEL FPPA
DEFERRED COMPENSATION
TRUST AGREEMENT
(as of January 1, 1997)
TM472631124773.2
MODEL FPPA
DEFERRED COMPENSATION
TRUST AGREEMENT
Section 1. General Duties of the Employer: The Employer shall make
regular periodic payments to the Trustee equal to the amount of its participating
Employees' total Deferrals which are deferred in accordance with the Model FPPA Deferred
Compensation Plan (the "Plan").
Section 2. General Duties of the Trustee: The Trustee shall hold all funds
received by it hereunder, which, together with the income therefrom, shall constitute the
Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make
payments therefrom, all as hereinafter provided. The Trustee shall also hold all Trust
Funds which are transferred to it as successor Trustee by the Employer from existing
deferred compensation arrangements with its Employees which meet the same Internal
Revenue Code requirements which govern the Plan. Such Trust Funds shall be subject to
all of the terms and provisions of this Trust.
Section 3. Investment Powers and Duties of the Trustee: The Trustee
shall have the power in its discretion to invest and reinvest the principal and income of the
Trust Fund and keep the Trust Fund invested, without distinction between principal and
income, in such securities or in other property, real or personal, wherever situated, as the
Trustee shall deem advisable, including, but not limited to, stocks, common or preferred,
bonds, retirement annuity and insurance policies, mortgages, and other evidences of
indebtedness or ownership, and in common trust funds of approved financial or investment
institutions, with such institutions acting as Trustee of such common trust funds, or separate
and different types of funds (accounts) including equity, fixed-income, and those which fulfill
requirements of state and local governmental laws, established with such approved
financial or investment institutions. For these purposes, this Trust Fund may be com-
mingled with others established by the Trustee under this form of agreement with other
Employers. In making such investments, the Trustee shall not be subject at any time to any
legal. limitation governing the investment of such funds. Investment powers and investment
discretion vested in the Trustee by this Section may be delegated by the Trustee to any
bank, insurance or trust company, or any investment advisor, manager or agent selected by
it.
Section 4. Investments: A Participant or Beneficiary of the Plan may
request that Deferrals under the Plan be allocated among available investment options
established by the Trustee. The initial allocation request may be made at the time of
enrollment. Investment allocation requests shall remain effective with regard to all
subsequent Deferrals, until changed in accordance with the provisions of this section. A
Participant or Beneficiary may change his or her allocation request at the end of each
calendar month pursuant to procedures established by the Trustee, by notifying the Trustee
in writing. Such changes shall become effective as soon as administratively feasible.
While the Trustee intends to invest Deferrals according to the Participant requests, it
reserves the right to invest Deferrals without regard to such requests.
TJP1472631124773.2
Section 3. Administrative Powers of the Trustee; The Trustee shall have
the power in its discretion:
(a) To purchase, or subscribe for, any securities or other
property and to retain the same in trust.
(b) To sell, exchange, convey, transfer or otherwise dispose of
any securities or other property held by it, by private contract, or at public auction. No
person dealing- with the Trustee shall be bound to see the application of the purchase
money or to inquire into the validity, expediency, or propriety of any ,such sale or other
disposition.
(c) To vote upon stocks, bonds, or other securities, to give
general or special proxies or powers of attorney with or without power of substitution; to
exercise any conversion privileges, subscription rights, or other options, and to make any
payments incidental thereto; to oppose, or to consent to, or otherwise participate in, cor-
porate reorganizations or other changes affecting corporate securities, and to delegate
discretionary powers, and to pay any assessments or charges in connection therewith; and
to generally exercise any of the powers of an owner with respect to stocks, bonds, securi-
ties or other property held as part of the Trust Funds.
(d) To cause any securities or other property held as part of the
Trust Funds to be registered in its own name, and to hold any investments in bearer form,
but the books and records of the Trustee shall at all times show that all such investments
are a part of the Trust Fund.
(e) To borrow or raise money for the purpose of the Trust in
such amount, and upon such terms and conditions, as the Trustee shall deem advisable;
and, for any sum so borrowed, to issue its promissory note as Trustee, and to secure the
repayment thereof by pledging all, or any part, of the Trust Funds. No person lending
money to the Trustee shall be bound to see the application of the money lent or to inquire
into its validity, expediency or propriety of any such borrowing.
(f) To keep such portion of the Trust Funds in cash or cash
balances as the Trustee, from time to time, may deem to be in the best interest of the Trust
created hereby, without liability for interest thereon.
(g) To accept and retain for such time as it may deem
advisable any securities or other property received or acquired by it as Trustee hereunder,
whether or not such securities or other property would normally be purchased as
investments hereunder.
(h) To make, execute, acknowledge, and deliver any and all
documents of transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted.
(i) To settle, compromise, or submit to arbitration any claims,
debts, or damages due or owing to or from the Trust Funds; to commence or defend suits
or legal or administrative proceedings; and to represent the Trust Funds in all suits and
legal and administrative proceedings.
TJP1472631124773.2
-2-
0) To do all such acts, take all such proceedings, and exercise
all such rights and privileges, although not specifically mentioned herein, as the Trustee
may deem necessary to administer the Trust Funds and to carry out the purposes of this
Section.
Section 6. Distributions from the Trust Funds: The Trustee shall make
benefit payments from the Trust Fund to Participants in accordance with the provisions in
the Plan for distribution of benefits.
Section 7. Valuation of Trust Funds: At least once a year, as of valuation
dates designated by the Trustee, the Trustee shall determine the value of the Trust Funds.
Assets of the Trust Funds shall be valued at their market values at the close of business
on the valuation date, or, in the absence of readily ascertainable market values as the
Trustee shall determine, in accordance with methods consistently followed and uniformly
applied.
Section 8. Evidence of Action by Employer: The Trustee may rely upon
any certificate, notice or direction purporting to have been signed on behalf of the Employer
which the Trustee believes to have been signed by a duly designated official of the
Employer. No communication shall be binding upon any of the Trust Funds or Trustee until
they are received by the Trustee.
Section 9. Advice of Counsel: The Trustee may consult with any legal
counsel with respect to the construction of the Pian or Trust, its duties hereunder, or any
act, which it proposes to take or omit, and shall not be liable for any action taken or omitted
in good faith pursuant to such advice.
Section 10. Miscellaneous: The Trustee shall be use ordinary care and
reasonable diligence, but shall not be liable for any mistake of judgment or other action
taken in good faith. The Trustee shall not be liable for any loss sustained by the Trust
Funds by reason of any investment made in good faith and in accordance with the
provisions of this Section. The Trustee's duties and obligations shall be limited to those
expressly imposed upon it by this section, notwithstanding any reference of the Plan.
Section 11.. Taxes: The Trustee shall deduct from and charge against the
Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is
required to pay with respect to the interest of any person therein.
Section 12. Expenses: The Trustee shall deduct from any charge against
the Trust Fund all reasonable expenses incurred by the Trustee in the administration of the
Trust Fund, including counsel, agency and other necessary fees.
Section 13. Settlement of Accounts: The Trustee shall keep accurate and
detailed accounts of all investments, receipts, disbursements, and other transactions
hereunder.
(a) Accounts shall be valued at least quarterly each Plan Year
and each Participant shall receive written notice of his or her account balance following
T7P1472631124773.2
1911
such valuation. Account balances shall reflect the Deferral amount, any earnings
attributable to such amount, and shall be reduced by administrative, investment and other
fees attributable to such amounts.
(b) Within 90 days after the close of each fiscal year, the
Trustee shall render to the Employer an accounting of its acts and transactions as Trustee
hereunder with respect to each Employer participating in the Pian. If any part of the Trust
Fund shall be invested through the medium of any common, collective or commingled trust
funds, the last annual report of such trust funds shall be submitted with and incorporated in
the account.
(c) If within 90 days after the mailing of the account, or any
amended account, the Employer has not filed with the Trustee notice of any objection to
any act or transaction of the Trustee, the account or amended account shall become an
account stated. If any objection has been fled, and if the Employer is satisfied that it
should be withdrawn or if the account is adjusted to the Employer's satisfaction, the
Employer shall in writing filed with the Trustee signify approval of the account and it shall
become an account stated.
(d) When an account becomes an account stated, such
account shall be finally settled, and the Trustee shall be completely discharged and
released, as if such account had been settled and allowed by a judgment or decree of a
court of competent jurisdiction in an action or proceedings in which the Trustee and the
Employer were parties. The Trustee shall have the right to apply at any time to a court of
competent jurisdiction for the judicial settlement of its account.
Section 14. Resignation of Trustee: The Trustee may resign at any time
by filing with the Employer its written resignation. Such resignation shall take effect 60
days from the date of such filing and upon appointment of a successor pursuant to
Section 1.16, whichever shall first occur.
Section 15. Removal of Trustee: The Employer may remove the Trustee
at any time by delivering to the Trustee a written notice of its removal and an appointment
of a successor pursuant to Section 16. Such removal shall not take effect prior to 60 days
from such delivery unless the Trustee agrees to an earlier effective date.
Section 16. Appointment of Successor Trustee: The appointment of a
successor to the Trustee shall take effect upon the delivery to the Trustee (a) an instrument
in writing executed by the Employer appointing such successor, and exonerating such
successor from liability for the acts and omissions of its predecessor, and (b) an
acceptance in writing, executed by such successor. All of the provisions set forth herein
with respect to the Trustee shall relate to each successor with the same force and effect as
if such successor had been originally named as Trustee hereunder. If a successor is not
appointed within 60 days after the Trustee gives notice of its resignation pursuant to
Section 14, the Trustee may apply to any court of competent jurisdiction for appointment of
a successor.
Section 17. Transfer of Funds to Successor. Upon the resignation or
removal of the Trustee and appointment of a successor, and after the final account of the
T.P1472531124773.2
'4..
Trustee has been properly settled, the Trustee shall transfer and deliver any of the Trust
Funds involved to such successor.
Section 18. Plan -to -Plan Transfers: Notwithstanding any other Plan
provision, distribution of amounts deferred by the former Participant of the Plan shall not
commence upon Separation from Service, but instead shall be automatically transferred to
another Eligible Deferred Compensation Plan, of which the former Participant has become
a Participant, if:
acceptance, and (a) the Pian receiving such amounts provides for their
(b) a Participant incurs a Separation from Service with the
Employer in order to accept employment with another "eligible" entity.
This Trust will accept the transfer of amount previously deferred
by a Participant under another Eligible Deferred Compensation Plan.
Section 19. Duration and Revocation: This Trust shall continue for such
time as may be necessary to accomplish the purpose for which it was created. The Trust
may not be terminated until the date on which no Pian Participant is entitled to any benefits
under the Plan. Upon termination of the Trust, any remaining assets shall be returned to
the Employer. The Trust may be revoked only if the Internal Revenue Service determines
that the Pian is not an eligible deferred compensation plan under Internal Revenue Code
Section 457. In all other instances, the Trust is irrevocable. Termination of this Trust shall
not, however, relieve the Employer of the Employers continuing obligation to pay deferred
compensation upon the applicable distribution date to any and/or each Employee with
whom the Employer has entered into a Voluntary Salary Deferral Agreement.
Section 20. Amendment: The Employer shall have the right to amend the
Trust in whole and in part but only with the Trustee's written consent. Any such amendment
shall - become effective upon (a) delivery to the Trustee of a written instrument of
amendment, and (b) the endorsement by the Trustee on such instrument of its consent
thereto.
Section 21. Ownership of Assets: All amounts deferred under the Plan
and contributed to the Trust, all property and rights purchased with such amounts, and all
income attributable to such amounts, property or rights shall be held for the exclusive
purposes of providing benefits 'to . the Participants and Beneficiaries and defraying
reasonable expenses of administering the Plan and this Trust.
All amounts contributed to the Trust shall be held as a separate
and distinct trust for each Employer's employees and former employees who are
Participants in the Plan and their beneficiaries. However, Trust funds of several employers
may be commingled for investment purposes, provided that the Trustee maintains an
accounting reflecting the Trust funds held on behalf of each Employers employees.
Section 22. Anti -Alientation: Benefits to Participants under the Plan and
this Trust Agreement may not be anticipated, assigned, alienated or subject to attachment,
TM47263M4773.2
-5-
garnishment, levy, execution or other legal or equitable process. If a court of competent
jurisdiction holds any provision of this Trust to be invalid or unenforceable, the remaining
provisions of the Trust shall continue to be fully effective. This Trust shall be construed in
accordance with applicable federal law, and to the extent otherwise applicable, the laws of
the State of Colorado.
IN WITNESS WHEREOF, the undersigned parties have executed this Trust
Agreement on Cv. - .,?.1 _, 1997.
EMPLOYER
Town of Vail
:
BY G�. C
Its. TAw
FPPA,TRUSTEE
Its: Executive Director
UP1472636 24773.2
ADOPTIOII-GREEMENT
MODEL FPPA DEFERRED COMPENSATION PLAN
(as of January 1, 1997)
THIS DEFERRED COMPENSATION PLAN is hereby established by Town of Vail
(hereinafter referred to as the Employer), by agreement with the Fire and Police Pension
Association of Colorado (hereinafter referred to as the FPPA), to establish a plan of
deferred compensation for its eligible employees.
WHEREAS, the Employer is a municipality or special district of the State of
Colorado, with Employees who are "members" of the FPPA as . defined in
C.R.S. § 31-31-102(4); and
WHEREAS, the purpose of the Plan is to enable employees who become covered
under the Pian to enhance their retirement security by permitting them to enter into
agreements with the Employer to defer compensation and receive benefits at retirement,
death, separation from service, and for financial hardships due to unforeseeable
emergencies; and
WHEREAS, except as provided in Section 8.05, the Plan shall be maintained for the
exclusive benefit of covered employees, and is intended to comply with the eligible deferred
compensation plan requirements of Section 457 of the Internal Revenue Code of 1986, as
now in effect or as hereafter amended, and regulations thereunder, and other applicable
law,
NOW, THEREFORE, WITNESSETH that the Employer hereby establishes a
deferred compensation plan to be effective May 1, 1997, and hereby adopts the Model
FPPA Deferred Compensation Plan (as of January 1, 1997) as set forth in the attached
Exhibit A.
IN WITNESS WHEREOF, the undersigned parties hereby execute this Adoption
Agreement on r- a 11997.
EMPLOYER
- Town of Vail
r
Its:
FPPA
By: -
Its'. Executive Director
TIP1472631114136.2
�, J
MODEL FPPA
DEFERRED COMPENSATION PLAN
(as of January 1, 1997)
Exhibit A
TABLE OF CONTENTS
Section 1. Definitions
Section 2. Participation....... I . 3
..........................................................................
Section 3. Deferral of Compensation .............
Section 4. Time of Benefit Payment 6
Section 5. Benefit Payments.,,..,, g
Section 6. Beneficiaries 11
..............................................................
Section 7. Amendment and Termination
Section 8. Miscellaneous
i
Section 1. 6--i tnitions
The following terms when used herein shall have the following meaning, unless a
different meaning is clearly required by the context.
1.01 Administrator: "Administrator" means the FPPA or the entity designated
by the FPPA to carry out certain nondiscretionary administrative functions of the Plan
pursuant to Section 8.02 of the Plan.
1.02 Adoption Agreement: "Adoption Agreement" means the agreement
between the Employer and the FPPA whereby the Employer adopts and establishes this
Plan. Upon execution, this document, along with the Adoption Agreement, constitute the
Plan.
1.03 Beneficiary: "Beneficiary" means the person(s) or estate entitled to
receive benefits under this Plan after the death of a Participant.
1.04 Code: "Code" means the Internal Revenue Code of 1986, as amended
and including all regulations promulgated pursuant thereto.
1.05 Compensation: "Compensation" means the total remuneration earned by
an employee for personal services rendered to the Employer for the calendar year,
including amounts deferred under this Plan and any other deferred compensation plan.
1.06 Deferral: "Deferral" means the annual amount of Compensation that a
Participant elects to defer receipt of pursuant to a properly executed Voluntary Salary
Deferral Agreement.
1.07 Effective Date: "Effective Date" means the date specified by the
Employer in the Adoption Agreement on which the Employer adopts the Pian.
1.08 Eligible Employee: "Eligible Employee" means any person employed by
the Employer who is a "member" of the police or fire department. The term "member" shall
have -the meaning set forth in C.R.S. § 31-31-102(4) (1986) Repl. Vol. 12(B) (1996 Cum.
Supp., as amended).
-1.09 - Eligible Deferred Compensation. Plan or Eligible Plan: "Eligible
Deferred Compensation Plan" or "Eligible Plan" means any plan defined in Section 457(b)
of the Code and includes this Plan, among others.
1.10 Employer: "Employer' means the entity specified in the Adoption
Agreement which adopts the Plan for the benefit of its Eligible Employees.
1.11 FPPA: "FPPA" means the Fire and Police Pension Association, a
corporate body and political subdivision of the State of Colorado, which acts as Trustee,
custodian, and Administrator of the Plan.
1.12 Includable Compensat. j: "Includable Compensation' means
compensation for services performed for the Employer which (taking into account the
provisions of Section 457 of the Code and other provisions of Chapter 1 of the Code) is
currently includable in gross income as properly reportable on the employee's federal tax
form relating to his or her wage and tax statement.
1.13 Normal Retirement Age: "Normal Retirement Age" means age 70 112 or
some other earlier age specified in writing by the Participant. In no event shall Normal
Retirement Age be earlier than the earliest date at which one may retire under the
Employer's basic pension plan without the Employer's consent and receive immediate
retirement benefits, without incurring an actuarial or similar reduction in benefits.
1.14 - Participant: "Participant" means an Eligible Employee or former Eligible
Employee who is or has been enrolled in the Plan and who retains the right to benefits
under the Plan.
1.15 Plan: "Plan" means the Model FPPA Deferred Compensation Plan (as of
January 1, 1991), as amended and restated April 26, 1995 and January 1, 1997, either in
its previous or present form or as amended from time to time.
1.16 Plan Year: "Plan Year" means the twelve-month period beginning
January 1 and ending December 31, from and after the Effective Date.
1.17 Retirement Committee: A committee of not less than three persons
selected by the Employer to carry out the discretionary functions of administering the Plan.
1.18 Trustee: "Trustee" means the FPPA as set forth in the Model FPPA
Deferred Compensation Trust Agreement.
1.19 Voluntary Salary Deferral Agreement: "Voluntary Salary Deferral
Agreement" means the agreement between a Participant and the Employer to defer receipt
by the Participant of Compensation not yet earned. Such agreement shall state the
Deferral amount to be withheld from a Participant's paycheck and shall become effective no
earlier than the first day of any month after it is executed by the Participant and accepted by
the Retirement Committee.
2
.1-i
Section 2. Participation
2.01 Eligibility for Participants: Each Eligible Employee may become a
Participant in this Plan on the first day of the month next following commencement of
employment as an Eligible Employee and enrollment pursuant to Section 2.02. Any person
elected or appointed to a term of office with the Employer shall be deemed to commence
employment at the time such person assumes office.
2.02 Enrollment: Eligible Employees may enroll in the Plan by completing a
Voluntary Salary Deferral Agreement. Enrollment shall be effective on the first day of the
month next following completion of the Voluntary Salary Deferral Agreement.
3
Section 3. Defer, — of Compensation
3.01 Deferral Procedure: Pursuant to a Voluntary Salary Deferral Agreement,
each Participant's Deferral amount shall be deducted from his or her paychecks in
approximately equal increments throughout the year. The Deferral amount shall not be
included as gross income of the Participant for purposes of federal income tax.
3.02 Maximum Deferral
(a) Primary Limitation: The Deferral amount in any taxable year may
not exceed the lesser of:
$7,500 (as indexed pursuant to Code § 457(e)(15)) or
2. 33-113% of the Participant's Includable Compensation.
(b) Catch-up Limitation:
1. A Participant may trigger the catch-up limitation by electing
a Normal Retirement Age pursuant to Section 1.13. The maximum Deferral amount for
each of a Participant's last three (3) taxable years ending before he or she attains Normal
Retirement Age, is the lesser of:
(i) $15,000, or
(ii) the primary limitation amount determined -under
Section 3.02(a) for the current year, plus so much of the primary
limitation amount that was not utilized in prior taxable years in
which the employee was eligible to participate in the Plan,
beginning after December 31, 1978. A Participant may use a prior
year only if the Deferral amounts under the Plan in existence during
the year were subject to the maximum deferral amount described in
Treas. Reg. Section 1.457-2(e)(1982).
2. The catch-up limitation is available to a Participant only
during one three-year period. If a Participant uses the catch-up limitation and then
postpones Normal Retirement Age or returns to work after retiring, the limitation shall not be
available again before a subsequent retirement.
(c) Coordination With Other Pians: If a Participant participates in more
than one Eligible Deferred Compensation Plan, the total deferral under all plans shall be
subject to the maximum limitations specified in Section 3.02. Any amount excluded from
gross income by the Code under Code §§ 403(b), 402(e)(3), 402(h)(1)(B) or 402(k) for the
taxable year and a deduction which is allowable by reason of a contribution to an
organization described in Section 501(c)(18) of the Code for the taxable year shall reduce
the primary limitation amount determined under Section 3.02(a) and (b), and the $15,000
limitation in Section 3.02(b)(1)(i).
3.03 Minimum Deferral: A Participant must comply with any minimum monthly
4
deferra. aquirements . which may be set the Employer from time to time i a
nondiscriminatory basis.
3.04 Changing Deferrals: A Participant may change Deferrals with respect to
Compensation not yet earned by executing a new Voluntary Salary Deferral Agreement.
The change shall be effective on the first day of the month following the month a new
Voluntary Salary Deferral Agreement is received by the Retirement Committee.
3.05 Suspension of Deferrals:
(a) Voluntary: A Participant may suspend_ Deferrals by giving the
Retirement Committee written notice. Following suspension, a Participant may reinstate
Deferrals by executing a new Voluntary Salary Deferral Agreement and delivering it to the
Retirement Committee. Reinstatement shall be effective on the first day of the month
following completion of the new Agreement. Deferral suspensions and resumptions can be
made at any time.
(b) Automatic: Deferrals shall automatically be suspended for any
month in which there are insufficient monies available to make the entire deduction agreed
upon.
5
Section 4. Time of Benefit Paymek.._
4.01 Eligibility for Payment: Payments from the Plan shall not be made until the
calendar year in which the Participant attains age 70-112, incurs a Separation from Service,
or suffers an approved financial hardship that results from an unforeseeable emergency.
(a) Separation from Service: "Separation from Service" means the
termination of a Participant's employment with the Employer within the meaning of Code
Section 402(e)(4)(A)(iii).
(b) Hardship Withdrawal:
1. Procedure: A Participant may request a withdrawal for
Hardship by submitting a written request to the Retirement Committee, accompanied by
evidence that his or her financial condition warrants an advance release of funds and
results from an unforeseeable emergency which is beyond the Participant's control. The
Retirement Committee shall review he request and determine whether payment of any
amount is justified. If payment is justified, the amount shall be limited to an amount
reasonably needed to meet the emergency. The Retirement Committee shall determine the
amount and form of payment. Any money remaining in the account after Hardship
Withdrawal shall be distributed in accordance with the provisions of this Plan.
2. Hardship Defined: "Hardship" means a severe financial
setback to the Participant resulting from a sudden and unexpected illness or accident of the
Participant or a dependent of the Participant, loss of the Participant's property due to
casualty, or other similar extraordinary and unforeseeable circumstances, arising from
events beyond the Participant's control. Whether circumstances constitute an
unforeseeable emergency depends on the facts of each case, but, in any case, payment
may not be made to the extent that such hardship is or may be relieved:
(i) through reimbursement or compensation by
insurance or otherwise,
(ii) by liquidation of the Participant's assets, to the extent
that liquidation itself would not cause severe financial hardship; or
(iii) by cessation of Deferrals under the Plan.
Unforeseeable emergencies shall not include the payment of
college tuition or the purchase of a residence.
3. Hardship Withdrawals After Benefit Commencement: Once
regular installment payments to a Participant have commenced under the Plan, the
Participant may request payment acceleration if the Participant suffers a Hardship as
defined above. The Retirement Committee may permit accelerated payments; however,
the amount of an accelerated payment shall not exceed the amount needed to meet the
emergency. Any amount remaining in the account after such accelerated payment shall be
distributed in accordance with the provisions of this Plan.
0
„..2 Benefit Commencement Da—,,
(a) Time of Commencement: Except for a Hardship Withdrawal
pursuant to Section 4.01(b), benefit payments to a Participant shall not commence to
Participants or Beneficiaries earlier than the earliest of:
the calendar year in which the Participant attains age 70-
112,
2. 60 days after the Participant incurs a Separation from
Service with the Employer, or
3. 60 days following the death of the Participant.
(b) Participant Election: Within 60 days after Separation from Service,
a Participant may make an election of a specific date for commencement of benefits that is
the first day of a month, provided that the date elected is not earlier than the "Earliest
Benefit Commencement Date” determined under Section 4.02(a) and is not later than the
"Latest Commencement Date" determined under Section 4.02(f), and may also make an
election of the form of payment. The election of a Benefit Commencement Date may be
changed once, provided that the election is made prior to the actual commencement of
benefit distributions and the date elected is no later than the Latest Commencement Date.
The election of the form of payment may also be changed once, provided that the notice of
the change is received by the Retirement Committee not later than 30 days before the date
on which benefit payments are to commence.
(c) Failure to Make Timely Election: If a Participant fails to make an
election of a date for commencement of benefits within the time period specified in Section
4.02(b), then benefit payments will commence on the first day of the month that is
coincident with or immediately follows 60 days after the later of (i) the date on which the
Participant attains age 60, or (ii) the date of the Participant's Separation from Service. If a
Participant fails to make an election of the form of payment within the time period specified
in Section 4.02(b), then the benefit will be paid in the form of a Lump Sum.
(d) Spouse Beneficiary Election: Subject to Section 4.02(e), a spouse
Beneficiary entitled to benefits may make a one-time irrevocable election to defer
commencement of benefits to a date that is on the first day of the month that is coincident
with or immediately follows the latest of the dates specified in Section 4.02(x). Such
election may be made at any time prior to the Benefit Commencement Date by completing
and delivering to the Retirement Committee forms provided for this purpose.
(e) Non -spouse Beneficiary Election: A non -spouse Beneficiary
entitled to benefits may make a one-time irrevocable election to defer commencement of
benefits to a date which is no later than December 31 of the year following the year of the
Participant's death, or the Beneficiary may elect a later commencement date, provided that
benefit payments are completed by December 31 of the year which contains the five-year
anniversary of the Participant's death.
(f) Latest Commencement Date: Notwithstanding any other Plan
7
pror in to the contrary, benefits for a Pal —ipant or Beneficiary shall commenc" - io later
than the later of: (i) April 1 of the calendar year following the calendar year in which the
Participant attains age 70-112, or (ii) 60 days after the date on which the Participant incurs
Separation from Service with the Employer.
Section 5. Ber-,,At Payments
5.01 Election: A Participant or Beneficiary may elect the form of payment of
benefits pursuant to Section 4.02(b).
5.02 Forms of Payment: A Participant or Beneficiary may elect payment in
one of the following forms:
(a) Lump Sum: A single payment of the entire balance in a
Participant's account.
(b) Annuity: Monthly payments contingent on the life expectancy of
the Participant or Beneficiary, or over such life expectancy and a guaranteed period of time.
(c) Installments: Subject to the limitations of Section 5.03, monthly
payments over a specified period of time or in specified annual dollar amounts.
(d) Combination: A lump sum cash payment of a portion of the
balance in a Participant's account, with the remainder of the account to be paid in
substantially equivalent monthly installments as specified by the Participant. The election
of a schedule of installment payments is irrevocable.
5.03 Limitations: Notwithstanding any Plan provision to the contrary or any
form of payment election, the Plan must meet the minimum distribution requirements of
Code §§ 457(d)(2) and 401(a)(9) and the Treasury regulations thereunder.
(a) If benefits commence before the Participant's death, the Participant
must elect a form under which:
1. benefits will be paid over a period not extending beyond the
life expectancy of the Participant or the joint life expectancies of the Participant and a
designated Beneficiary,
2. any amount payable to the Beneficiary must be distributed
at least as rapidly as benefits were distributed to the Participant immediately prior to death,
and
3. on the date benefits commence, the Participant is expected
to receive during his/her life expectancy more than 50% of the total value of the benefits.
(b) If benefits commence after the Participant's death, the entire
amount payable must be distributed:
1. within the life expectancy of a spouse Beneficiary, or
2. for non -spouse Beneficiaries, within fifteen years after the
death of the Participant, provided benefits commence by December 31 of the year following
the year in which the Participant's death occurs, or
09
3. for non -spouse Beneficiaries who elect a later
Commencement Date, by December 31 of the calendar year containing the five-year
anniversary of the Participant's death.
(c) Upon the death of a Participant whose payments have
commenced, the Beneficiary shall receive further payments only to the extent provided in
the form of payment then in effect, subject to the limitations stated herein.
10
Section 6. L ,.eficiaries
6.01 Designation: A Participant shall have the right to designate a Beneficiary,
and amend or revoke such designation at any time, in writing. Such designation,
amendment or revocation shall be effective upon receipt by the Retirement Committee.
Notwithstanding the foregoing, a Participant who elects a joint and survivor annuity form of
payment may not elect a non -spouse joint annuitant, and may not change his or her joint
annuitant after payments commence.
6.02 Failure to Designate a Beneficiary: If no designated Beneficiary
survives the Participant and benefits are payable following the Participant's death, the
Retirement Committee may direct that payment of benefits be made to the person or
persons in the first of the following classes of successive preference Beneficiaries. The
Participant's:
(a) spouse,
(b) descendants, per stirpes,
(c) parents, in equal shares,
(d) brothers and sisters, in equal shares,
(e) estate.
11
Section 7. Amenc int and Termination
7.01 Amendment: (a) The Employer may amend this Plan by transmitting
such amendment in writing to the Trustee at least 30 days prior to the effective date of the
amendment. 'The consent of the Trustee shall not be required in order for an amendment
to become effective, however, the Trustee shall be under no obligation to continue to act as
Trustee or Administrator if it disapproves of the amendment. No amendment shall divest
any Participant of any rights to Deferrals prior to the date of any amendment or amend the
Plan so that it is no longer in compliance with the requirements of Section 457 of the Code.
(b) The Trustee may propose an amendment -to the Plan at any by
written notice to the Employer at least 30 days before the effective date of the amendment.
If the Trustee approves an amendment to the Plan, such amendment shall automatically be
effective with respect to the Employer unless the Employer notifies the Trustee in writing
within 60 days after the date of approval of the amendment that the Employer objects to the
amendment. The Trustee shall be under no obligation to continue to act as Trustee or
Administrator if the Employer disapproves of any amendment.
7.02 Termination: Although the Employer has established this Plan with a
bona fide intention and expectation to maintain the Plan indefinitely, the Employer may
terminate the Plan in whole or in part at any time without any liability for such termination or
discontinuance. Upon termination of the Plan, the Employer shall notify the Trustee in
writing of the effective date of termination of the Plan. Upon Plan termination, all Deferrals
shall cease. The Trustee shall retain all Deferrals until each Participant attains age 70%,
incurs a Separation from Service or incurs a Hardship and benefits commence under
Sections 4.01 and 4.02, in the form determined under Section 5.
12
Section 8. M. _Jellaneous
8.01 General Duty of the Employer: The Employer shall make regular
periodic payments to the Trustee equal to the amount of its participating Employees' total
Deferrals. The Employer shall have the authority to make all discretionary decisions
affecting the rights or benefits of Participants under this Plan. The Employer shall appoint
at least three persons to serve on the Retirement Committee, which shall carry out the
discretionary functions of administering the Plan as set forth in this Plan.
8.02 Duties of the Administrator: The Administrator shall perform all
nondiscretionary administrative functions in connection with the Plan, including the .
maintenance of accounts on behalf of each Participant, the provision of periodic reports on
the status of each account and the disbursement of benefits on behalf of the Employer in
accordance with the provisions of this Plan.
The FPPA shall be the Administrator of the Plan, provided, that the FPPA
may appoint a third party administrator to perform certain administrative functions. The
duties and compensation of any such third party administrator shall be by agreement
between the FPPA and third party administrator.
8.03 Investments: A Participant or Beneficiary of the Plan may request that
Deferrals under the Plan be allocated among available investment options established by
the Trustee. The initial allocation request may be made at the time of enrollment.
Investment allocation requests shall remain effective with regard to all subsequent
Deferrals, until changed in accordance with the provision of this section. A Participant or
Beneficiary may change his or her allocation request once a month after earnings have
been allocated, by notifying the Trustee in writing. Such changes shall become effective as
soon as administratively feasible. While the Trustee intends to invest Deferrals according
to the Participant requests, it reserves the right to invest Deferrals without regard to such
requests.
8.04 Plan -to -Pian Transfers: Notwithstanding any other Plan provision,
distribution of amounts deferred by a former Participant of this Plan shall not commence
upon- Separation from Service, but instead shall be automatically transferred to another
Eligible Deferred Compensation Plan, of which the former Participant has become a
Participant, if:
(a) the Plan receiving such amounts provides for their acceptance, and
(b) the Participant incurs a Separation from Service with the Employer
in order to accept employment with another "eligible" entity.
The Trustee will accept the transfer of amounts previously deferred by a
Participant under another Eligible Deferred Compensation Plan.
8.05 Ownership of Assets: All amounts deferred under the Plan and
contributed to the Trust, all property and rights purchased with such amounts, and all
income attributable to such amounts, property or rights shall be held for the exclusive
13
purF :s of providing benefits to Participai . and Beneficiaries and defraying m_,onable
expenses of administering the Plan and Trust.
All amounts contributed to the Trust shall be held as a separate and
distinct trust for each Employer. However, Trust funds of several Employers may be
commingled for investment purposes, provided that the Trustee maintains an accounting
reflecting the Trust funds held on behalf of each Employer.
8.06 Limitations of Rights; Employment Relationship: Neither the
establishment of this Plan nor any modification thereof, nor the creation of any fund or
account, nor the payment of any benefits, shall be construed as giving a Participant or other
person any legal or equitable right against the Employer except as provided in the Plana In .
no event shall the terms of employment of any employee be modified or in any way be
affected by the Plan.
8.07 Limitation on Assignment: Benefits under this Plan may not be
assigned, sold, transferred, or encumbered, and any attempt to do so shall be void. A
Participant's or Beneficiary's interest in benefits under the Plan shall not be subject to debts
or liabilities of any kind and shall not be subject to attachment, garnishment or other legal
process.
8.08 Representations: The FPPA does not represent or guarantee that any
particular federal or state income, payroll, personal property or other tax consequence will
result from participation in this Plan. A Participant should consult with professional tax
advisors to determine the tax consequences of his or her participation. Furthermore, the
FPPA does not represent or guarantee successful investment of Deferrals, and shall not be
required to repay any loss which may result from such investment or lack of investment.
8.09 Severability: If a court of competent jurisdiction holds any provisions of
this Plan to be invalid or unenforceable, the remaining provisions of the Plan shall continue
to be fully effective.
8.10 Applicable Law: This Plan shall be construed in accordance with
applicable federal law and, to the extent otherwise applicable, the laws of the State of
Colorado.
IN WITNESS WHEREOF, the Employer has caused this Plan to be executed by its
duly authorized representative this --4a --kday of�'T1997.
EMPLOYER
Town of Vail
1 /
Witness: ..�� By:
Title: 7YDw� rn
TJFW2631114136.2
14
BRIEF EXPLANATION OF CHANGES TO
THE MODEL FPPA DEFERRED COMPENSATION PLAN
1. All references to the Colorado Revised Statutes were amended to reflect the
reorganization of Tine 31, Articles 30, 30.5 and 31.
2. Section 3.02(a) . Primary Limitation. The $7,500 limitation amount is now indexed to
inflation. We amended this section to reflect that the amount will be adjusted.
3. Section 4.02(b) Participant Election. In general, a participant in a Section 457 may begin
receiving distributions from the plan no earlier than (a) age 70 % or (b) separation from
service. Under prior law, the participant had only one election, after he became eligible to
begin receiving distributions, to delay those distributions to a later date. The participant
now is permitted to make one additional election to delay distributions, so long as the
election is made before the participant actually begins receiving distributions.
4. Until deferrals under a Section 457 pian were distributed to participants, the amounts
deferred and all income thereon, had to remain the sole property of the employer, subject
only to the claims of the employer's general creditors. The Small Business Job Protection
Act of 1996 (°SBJPA") requires that the amounts deferred now be held in trust for the
exclusive benefit of the participants and their beneficiaries. Both the plan document and
the trust were amended to reflect that the plan assets are to be held exclusively for
participants and beneficiaries. Thus, if a participant were to declare bankruptcy, his
interest in the plan would probably be excludable from his bankruptcy estate.
ADOPTION AGREEMENT
MODEL FPPA DEFERRED COMPENSATION PLAN
(as of April 26, 1995)
THIS DEFERRED COMPENSATION PLAN is hereby established by the
Town of Vail (hereinafter referred to as the Employer), by agreements with the Fire and
Police Pension Association of Colorado (hereinafter referred to as the FPPA), to
establish a plan of, deferred compensation for its employees.
WHEREAS, the Employer is a municipality or special district of the State
of Colorado, with Employees who are "members" of the FPPA as defined in C.R.S. §
31-31-102(4); and
WHEREAS, the purpose of the Plan is to enable employees who become
covered under the Plan to enhance their retirement security by permitting them to enter
into agreements with the Employer to defer compensation and receive benefits at
retirement, death, separation from service, and for financial hardships due to
unforeseeable emergencies; and
WHEREAS, except as provided in Section 8.05, the Plan shall be
maintained for the exclusive benefit of covered employees, and is intended to comply
with the eligible deferred compensation plan requirements of Section 457 of the
Internal Revenue Code of 1986, as now in effect or as hereafter amended, and
regulations thereunder, and other applicable law;
NOW, THEREFORE, WITNESSETH that the Employer hereby
establishes a deferred compensation plan to be effective , 1997 and
hereby adopts the Model FPPA Deferred Compensation Plan (as of April 26, 1995) as
set forth in the attached Exhibit A.
IN WITNESS WHEREOF, the undersigned parties hereby execute this
Adoption Agreement on , 1997.
EMPLOYER
Town of ai!
By: e.
Its: G ri7 • ,
FPPA
By:
Its:
Executive Director
MODEL FPPA
DEFERRED COMPENSATION PLAN
(as of April 26, 1995)
TABLE OF CONTENTS
Section
1. Definitions
Section
2. Participation ...........................
Section
3. Deferral of Compensation ................
Section
4. Time of Benefit Payment ......................
Section
5. Benefit Payments
Section
6. Beneficiaries
Section
7. Amendment and Termination .....................
Section
8. Miscellaneous
Page
1
3
4
6
9
11
12
13
Section 1. Definitions
The following terms when used herein shall have the following meaning, unless
a different meaning is clearly required by the context.
1.01 Administrator: "Administrator" means the FPPA or the entity
designated by the FPPA to carry out certain nondiscretionary administrative functions
of the Plan pursuant to Section 8.02 of the Plan.
1.02 Adoption Agreement: "Adoption Agreement" means the agreement
between the Employer and the FPPA whereby the Employer adopts and establishes
this Plan. Upon execution, this document, along with the Adoption Agreement
constitute the Plan.
1.03 Beneficiary: "Beneficiary" means the person(s) or estate entitled to
receive benefits under this Plan after the death of a Participant.
1.04 Code: "Code" means the Internal Revenue Code of 1986, as
amended and including all regulations promulgated pursuant thereto.
1.05 Compensation: "Compensation" means the total remuneration earned
by an employee for personal services rendered to the Employer for the calendar year
including amounts deferred under this Plan and any other Deferred Compensation
Plan.
1.06 Deferral: "Deferral" means the annual amount of Compensation that a
Participant elects to defer receipt of pursuant to a properly executed Voluntary Salary
Deferral Agreement,
1.07 Effective Date: "Effective Date" means the date specified by the
Employer in the Adoption Agreement on which the Employer adopts the Plan.
1.08 Eligible Employee: "Eligible Employee" means any person employed
by the Employer who is a "member" of the police or fire department. The term
"member" shall have the meaning set -forth in C.R.S. § 31-31-102(4) (1986) Repl. Vol.
12(B).
1.09 Eligible Deferred Compensation Plan or Eligible Plan: "Eligible
Deferred Compensation Plan" or "Eligible Plan" means any plan defined in Section
457(b) of the Code and includes this Plan among others.
1.10 Employer: "Employer" means the entity specified in the Adoption
Agreement which adopts the Plan for the benefit of its Employees.
1.11 FPPA: "FPPA" means the Fire and Police Pension Association, a
corporate body and political subdivision of the State of Colorado, which acts as
Trustee, custodian, and Administrator of the Plan.
1.12 Includable Compensation: "Includable Compensation" means
compensation for services performed for the Employer which (taking into account the
provisions of Section 457 of the Code and other provisions of Chapter 1 of the Code) is
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currently includable in gross income as properly. reportable on the employee's federal
tax form relating to his or her wage and tax statement.
1.13 Normal Retirement Age: "Normal Retirement Age" means age 70 112
or other earlier age specified in writing by the Participant. In no event shall Normal
Retirement Age be earlier than the earliest date at which one may retire under the
Employer's basic pension plan without the Employer's consent and receive immediate
retirement benefits, without incurring an actuarial or similar reduction in benefits.
1.14 Participant: "Participant" means an employee or former employee
who is or has been enrolled in the Plan and who retains the right to benefits under the
Plan.
1.15 Plan: "Plan" means the Fire and Police Pension Association Deferred
Compensation Plan (as of January 1, 1991) either in its previous or present form or as
amended from time to time.
1.16 Plan Year: "Plan Year" means the twelve-month period beginning
January 1, and ending December 31 from and after the Effective Date,
1.17 Retirement Committee: A committee of not less than three persons
selected by the Employer.
1.18 Trustee: 'Trustee" means the FPPA as set forth in the Model FPPA
Deferred Compensation Rabbi Trust Agreement.
1.19 Voluntary Salary Deferral Agreement: 'Voluntary Salary Deferral
Agreement" means the agreement between a Participant and the Employer to defer
receipt by the Participant of Compensation not yet earned. Such agreement shall state
the Deferral amount to be withheld from a Participant's paycheck and shall become
effective no earlier than the first day of any month after it is executed by the Participant
and accepted by the Retirement Committee.
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Section 2. Participation
2.01 Eligibility for Participants: Each Eligible Employee may become a
Participant in this Plan on the first day of the month next following commencement of
employment as an Eligible Employee and enrollment pursuant to Section 2.02. Any
person elected or appointed to a term of office with the Employer shall be deemed to
commence employment at the time such person assumes office.
2.02 Enrollment: Eligible Employees may enroll in the Plan by completing
a Voluntary Salary Deferral Agreement. Enrollment shall be effective on the first day of
the month next following completion of the Voluntary Salary Deferral Agreement.
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Section 3. Deferral of Compensation
3.01 Deferral Procedure: Pursuant to a Voluntary Salary Deferral
Agreement, each Participant's Deferral amount shall be deducted from his or her
paychecks in approximately equal increments throughout the year. The Deferral
amount shall not be included as gross income of the Participant for purposes of federal
income tax.
3.02 Maximum Deferral
(a) Primary Limitation: The Deferral amount in any taxable year
may not exceed the lesser of:
1. $7,500 or
2. 33-113° of the Participant's Includable Compensation.
(b) Catch-up Limitation:
1. A Participant may trigger the catch-up limitation by
electing a Normal Retirement Age pursuant to Section 1.13. The maximum Deferral
amount for each of a Participant's last three (3) taxable years ending before he or she
attains Normal Retirement Age, is the lesser of:
1 $15,000, or
2 the primary limitation amount determined under
Section 3.02(a) for the current year, plus so, much of the primary
limitation amount that was not utilized in prior taxable years in
which the employee was eligible to participate in the Plan,
beginning after December 31, 1978. A Participant may use a
prior year only if the Deferrals under the Plan in existence
during the year were subject to the maximum deferral amount
described in Treas. Reg. Section 1.457-2(e)(1982).
2. The catch-up limitation is available to a Participant only
during one three-year period. If a Participant uses the catch-up limitation and then
postpones Normal Retirement Age or returns to work after retiring, the limitation shall
not be available again before a subsequent retirement.
(c) Coordination With Other Plans: If a Participant participates in
more than one Eligible State Deferred Compensation Plan, the total deferral under all
plans shall be subject to the maximum limitations specified in Section 3.02. Any
amount excluded from gross income of the Code under Section 403(b), 402(a)(8) or
402(h)(1)(B) of the Code for the taxable year and a deduction which is allowable by
reason of a contribution to an organization described in Section 501(c)(18) of the Code
for the taxable year shall reduce the primary limitation amount determined under
Section 3.02(a) and (b), and the $15,000 limitation in Section 3.02(b)(1)(i).
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3.03 Minimum Deferral: A Participant must comply with any minimum
monthly deferral requirements which may be set by the Employer from time to time on a
nondiscriminatory basis.
3.04 Changing Deferrals: A Participant may change Deferrals with respect
to Compensation not yet earned by executing a new Voluntary Salary Deferral
Agreement. The change shall be effective on the first day of the month following the
month of notice to the Retirement Committee.
3.05 Suspension of Deferrals:
(a) Voluntary: A Participant may suspend Deferrals by giving the
Retirement Committee written notice. Following suspension, a Participant may
reinstate Deferrals by executing a new Voluntary Salary Deferral Agreement and
delivering it to the Retirement Committee. Reinstatement shall be effective on the first
day of the month following completion of the new Agreement. Deferral suspensions and
resumptions can be made at any time.
(b) Automatic: Deferrals shall automatically be suspended for any
month in which there are insufficient monies available to make the entire deduction
agreed upon.
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M
Section 4. Time of Benefit Payment
4.01 Eligibility for Payment: Payments from the Plan shall not be made
until the calendar year in which the Participant attains age 70-112, upon Separation
from Service, or an approved financial hardship that results from an unforeseeable
emergency.
(a) Separation from Service: "Separation from Service: means the
severance of a Participant's employment with the Employer within the meaning of Code
Section 402(e)(4)(A)(iii).
(b) Hardship Withdrawal:
1. Procedure: A Participant may request a withdrawal for
Hardship by submitting a written request to the Retirement Committee, accompanied by
evidence that his or her financial condition warrants an advance release of funds and
results from an unforeseeable emergency which is beyond the Participant's control.
The Retirement Committee shall review he request and determine whether payment of
any amount is justified. If payment is justified, the amount shall be limited to an amount
reasonably needed to meet the emergency. The Retirement Committee shall
determine the amount and form of payment. Any money remaining in the account after
Hardship Withdrawal shall be distributed in accordance with the provisions of this Plan.
2. Hardship Defined: "Hardship" means a severe financial
setback of the Participant resulting from a sudden and unexpected illness or accident of
the Participant or a dependent of the Participant, loss of the Participant's property due
to casualty, or other similar extraordinary and unforeseeable circumstances, arising
from events beyond the Participant's control. Whether circumstances constitute an
unforeseeable emergency depends on the facts of each case, but, in any case,
payment may not be made to the extent that such hardship is or may be relieved:
1 through reimbursement or compensation by
insurance or otherwise;
2 by liquidation of the Participant's assets, to the
extent that liquidation itself would not cause severe financial
hardship; or
3 by cessation of Deferrals under the Plan.
Unforeseeable emergencies shall not include the need to send a
Participant's child to college, or the desire to purchase a home.
3. Hardship Withdrawals After Benefit Commencement:
Once regular installment payments to a Participant have commenced under the Plan,
the Participant may request payment acceleration if the Participant suffers, a Hardship
as defined above. The Retirement Committee may permit accelerated payments,
however, the amount of an accelerated payment shall not exceed the amount needed
to meet the emergency. Any amount remaining in the account after such accelerated
payment shall be distributed in accordance with the provisions of this Plan.
M
En
4.02 Benefit Commencement Date:
(a) Time of Commencement: Except for a Hardship Withdrawal
pursuant to Section 4.01(b), benefit payments to a Participant shall not commence to
Participants or Beneficiaries earlier than the earliest of:
1. the calendar year in which the Participant attains age
70-1/2,
2. 60 days after the Participant incurs Separation from
Service with the Employer, or
3. 60 days following the death of the Participant.
(b) Participant Election: Within 60 days after Separation from
Service, a Participant may make a one-time election of a specific date for
commencement of benefits that is the first day of a month, provided that the date
elected is not earlier than the earliest "Benefit Commencement Date" determined under
Section 4.02(x) and is not dater than the "Latest Commencement Date" determined
under Section 4.02(f), and may also make an election of a form of payment. The
election of a date for commencement of payment of benefits is irrevocable. The
election of a form of payment may be changed once, provided that the notice of the
change is received by the Administrator by not later than 30 days before the date on
which benefit payments are to commence and that the change of form of payment is
irrevocable.
(c) Failure to Make Timely Election: If a Participant fails to make an
election of a date for commencement of benefits within the time period specified in
Section 4.02(b), then benefit payments will commence on the first day of a month that is
coincident with or immediately follows 60 days after the later of 1) the date on which
the Participant attains age 60, or 2) the date of the Participant's Separation from
Service. If a Participant fails to make an election of a form of payment within the time
period specified in Section 4.02(b), then the benefit will be paid in the form of a Lump
Sum.
(d) Spouse Beneficiary Election: Subject to Section 4.02(e), a
spouse Beneficiary entitled to benefits may make a one-time irrevocable election to
defer commencement of benefits to a date that is on the first day of the month that is
coincident with or immediately follows the latest of the dates specified in Section
4.02(a). Such election may be made at any time prior to the Benefit Commencement
date by completing and delivering to the Retirement Committee forms provided for this
purpose.
(e) Non -spouse Beneficiary Election: A non -spouse Beneficiary
entitled to benefits may make a one-time irrevocable election to defer commencement
of benefits to a date which is no later than December 31 of the year following the year
of the Participant's death, or the Beneficiary may elect a later commencement date
-7-
provided that benefit payments are completed by December 31 of the year which
contains the five-year anniversary of the Participant's death.
(f) Latest Commencement Date: Notwithstanding any other Plan
provision to the contrary, benefits for a Participant or Beneficiary shall commence no
later than the later of (i) April 1 of the calendar year following the calendar year in
which the Participant attains age 70-112, or (ii) 60 days after the date on which the
Participant incurs Separation from Service with the Employer.
Section 5. benefit Payments
5.01 Election: A Participant or Beneficiary may elect the form of payment of
benefits pursuant to Section 4.02(b).
5.02 Forms of Payment: A Participant or Beneficiary may elect payment in
one of the following forms:
(a) Lump Sum: A single payment of the entire balance. in a
Participant's account.
(b) Annuity: Periodic payments contingent on the life expectancy of
the Participant or Beneficiary, or over such life expectancy and a guaranteed period of
time.
(c) Installments: Subject to the limitations of Section 5.03, periodic
payments over a specified period of time or in specified annual dollar amounts.
(d) Combination: A lump sum cash payment of a portion of the
balance in a Participant's account, with the balance of the account to be paid in
substantially equivalent monthly, quarterly, semi-annual or annual installments as
specified by the Participant. The election of a schedule of installment payments is
irrevocable.
5.03 Limitations: Notwithstanding any Plan provision to the contrary or any
form of payment election, the Plan must meet the minimum distribution requirements of
I. R. C. Section 457(d)(2) and 401(a)(9).
(a) If benefits commence before the Participant's death, the
Participant must elect a form under which:
1. benefits will be paid over a period not extending beyond
the life expectancy of the Participant or the joint life expectancies of the Participant and
a designated Beneficiary,
2. any amount payable to the Beneficiary must be distributed
at least as rapidly as benefits were distributed to the Participant immediately prior to
death, and
3. on' the date benefits commence, the Participant is
expected to receive more than 50% of the total value of the benefit.
(b) If benefits commence after the Participant's death, the entire
amount payable must be distributed:
1. within the life expectancy of a spouse Beneficiary, or
2. for non -spouse Beneficiaries, within fifteen years after the
death of the Participant, provided benefits commence by December 31 of the year
following the year in which the Participant's death occurs, or
W
3. for non -spouse Beneficiaries who elect a. later
Commencement Date, by December 31 of the calendar year containing the five-year
anniversary of the Participant's death.
(c) Upon the death of a Participant whose payments have
commenced, the Beneficiary shall receive further payments only to the extent provided
in the form of payment in effect, subject to the limitations stated herein.
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Section b. Beneficiaries
6.01 Designation: A Participant shall have the right to designate a
Beneficiary, and amend or revoke such designation at any time, in writing. Such
designation, amendment or revocation shall be effective upon receipt by the Retirement
Committee. Notwithstanding the foregoing, a Participant who elects a joint and survivor
annuity form of payment may not elect a non -spouse joint annuitant, and may not
change his or her joint annuitant after payments commence.
6.02 . Failure to Designate a Beneficiary: If no designated Beneficiary
survives the Participant and benefits are payable following the Participant's death, the
Retirement Committee may direct that payment of benefits be made to the person or
persons in the first of the following classes of successive preference Beneficiaries. The
Participant's:
(a) spouse,
(b) descendants, per stirpes,
(c) parents,
(d) brothers and sisters,
(e) estate.
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Section 7. Amenument and Termination
7.01 Amendment: (a) The Employer may amend this Plan by transmitting
such amendment in writing to the Trustee at least 30 days prior to the effective date of
the amendment. The consent of the Trustee shall not be required in order for an
amendment to become effective, however, the Trustee shall be under no obligation to
continue to act as Trustee or Administrator if it disapproves of the amendment. No
amendment shall divest any Participant of any rights to Deferrals prior to the date of
any amendment or amend the Plan so that it is no longer in compliance with the
requirements of Section 457 of the Code.
(b) The Trustee may propose an amendment to the Plan at any time
by written notice to the Employer at least 30 days before the effective date of the
amendment. If the Trustee approves an amendment to the Plan, such amendment
shall automatically be effective with respect to the Employer unless the Employer
notifies the Trustee in writing within 60 days after the date of approval of the
amendment that the Employer objects to the amendment. The Trustee shall be under
no obligation to continue to act as Trustee or Administrator if the Employer disapproves
of any amendment.
7.02 Termination: Although the Employer has established this Plan with a
bona fide intention and expectation to maintain the Plan indefinitely, the Employer may
terminate the Plan in whole or in part at any time without any liability for such
termination or discontinuance. Upon termination of the Pian, the Employer shall notify
the Trustee in writing of the effective date of termination of the Plan. Upon Plan
termination, all Deferrals shall cease. The Trustee shall retain all Deferrals until each
Participant Separates from Service or incurs a Hardship and benefits commence under
Sections 4.01 and 4.02, in the form determined under Section 5.
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Section 8. miscellaneous
8.01 General Duty of the Employer: The Employer shall make regular
periodic payments to the Trustee equal to the amount of its participating Employees,
total Deferrals. The Employer shall have the authority to make all discretionary
decisions' affecting the rights or benefits of Participants under this Plan. The Employer
shall appoint at least three persons to serve on a Retirement Committee, which shall
carry out the discretionary functions of administering the Plan as set forth in this Plan.
8.02 Duties of the Administrator: The Administrator shall ' perform all
nondiscretionary administrative functions in connection with the Plan, including the
maintenance of accounts on behalf of each Participant, the provision of periodic reports
on the status of each account and the disbursement of benefits on behalf of the
Employer in accordance with the provisions of this Plan.
The FPPA shall be the Administrator of the Plan, provided, that the
FPPA may appoint a third party administrator to perform certain administrative
functions. The duties and compensation of any such third party administrator shall be
by agreement between the FPPA and third party administrator.
8.03 Investments: A Participant or Beneficiary of the Plan may request that
Deferrals under the Plan be allocated among available investment options established
by the Trustee. The initial allocation request may be made at the time of enrollment.
Investment allocation requests shall remain effective with regard to all subsequent
Deferrals, until changed in accordance with the provision of this section. A Participant
or Beneficiary may change his or her allocation request once a month after earnings
have been allocated, by notifying the Trustee in writing. Such changes shall become
effective as soon as administratively feasible. While the Trustee intends to invest
Deferrals according to the Participant requests, it reserves the right to invest Deferrals
without regard to such requests.
8.04 Plan -to -Plan Transfers: Notwithstanding any other Plan provision,
distribution of amounts deferred by -the former. Participant of this Plan shall not
commence upon Separation from Service, but instead shall be automatically
transferred to another Eligible Deferred Compensation Plan, of which the former
Participant has become a Participant, if:
(a) the Plan receiving such amounts provides for their acceptance, and
(b) a Participant Separates from Service with the Employer in order
to accept employment with another "eligible" entity.
This Trust will accept the transfer of amount previously deferred by a
Participant under another Eligible Deferred Compensation Plan.
8.05 Ownership of Assets: All amounts deferred under the Plan and
contributed to the Trust, all property and rights purchased with such amounts, and all
income attributable to such amounts, property or rights shall remain (until made
available to the Participant or Beneficiary) solely the property of the Employer (without
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being restricted to the provision of benefits under the Plan), and shall be subject.to the
claims of the Employer's general creditors upon the Employer's Insolvency.
All amounts contributed to the Trust shall be held as a separate and
distinct trust for each Employer. However, Trust funds of several Employers may be
commingled for investment purposes, provided that the Trustee maintains an
accounting reflecting the Trust funds held on behalf of each Employer. In the event of
an Employer's Insolvency, the creditors of such an Employer only have an interest in
the Trust funds held on behalf of the Employer who is Insolvent and shall not have an
interest in the Trust Funds of any other Employer.
8.06 Limitations of Rights; Employment Relationship: Neither the
establishment of this Plan nor any modification thereof, nor the creation of any fund or
account, nor the payment of any benefits, shall be construed as giving a Participant or
other person any legal or equitable right against the Employer except as provided in
the Pian. In no event shall the terms of employment of any employee be modified or in
any way be affected by the Plan.
8.07 Limitation on Assignment: Benefits under this Plan may not be
assigned, sold, transferred, or encumbered, and any attempt to do so shall be void. A
Participant's or Beneficiary's interest in benefits under the Plan shall not be subject to
debts or liabilities of any kind and shall not be subject to attachment, garnishment or
other legal process.
8.08 Representations: The FPPA does not represent or guarantee that
any particular federal or state income, payroll, personal property or other tax
consequence will result from participation in this Plan. A Participant should consult
with professional tax advisors to determine the tax consequences of his or her
participation. Furthermore, the FPPA does not represent or guarantee successful
investment of Deferrals, and shall not be required to repay any loss which may result
from such investment or lack of investment.
8.09 Severability: If a court of competent jurisdiction holds any provisions
-of this Plan to be invalid or unenforceable, the remaining -provisions of the Plan shall
continue to be fully effective.
-14-
8.10 Applicable Law: This Plan shall be construed in accordance with
applicable federal law and, to the extent otherwise applicable, the laws of the State of
Colorado.
IN WITNESS WHEREOF, the Employer has caused this Plan to be executed by
its duly authorized representative this day of , 1997.
EMPLOYER
Town of Vail
Witness: By:
Title:
-15-
ADOPTION AGREEMENT
FOR THE MODEL FPPA DEFERRED COMPENSATION
RABBI TRUST AGREEMENT
This Agreement made as of , 1997 by and between the Fire and
Police Pension Association of Colorado (hereinafter referred to as the Trustee) and the
Town of Vail (hereinafter referred to as the Employer).
WHEREAS, the Employer has executed an Adoption Agreement to establish a
Model Deferred Compensation Plan (hereinafter referred to as the "Pian") to provide
deferred compensation and retirement benefits to Employees under Internal Revenue
Code § 457; and
WHEREAS, the Employer wishes to establish a Trust and to transfer to the
Trust, assets which shall be held, subject to claims of the Employer's creditors in the
event of the Employer's insolvency, until paid to Participants in such manner and at
such times as specified in the Plan;
NOW, THEREFORE, the Employer and the Trustee hereby establish the Trust
and agree that the terms of the Trust shall be comprised as set forth in the attached
FPPA Deferred Compensation Rabbi Trust Agreement attached hereto.
IN WITNESS WHEREOF, the undersigned parties have executed this Adoption
Agreement on 1997
EMPLOYER
Town of Vail
By:
Its:
TRUSTEE
FPPA
By:
Its:
TJPA5558\124773.1
Executive Director
..a
MODEL FPPA
DEFERRED COMPENSATION
RABBI TRUST AGREEMENT
TSP\45558\124773.I
MODEL FPPA
DEFERRED COMPENSATION
RABBI TRUST AGREEMENT
1.01 General Duties of the Employer: The Employer shall make regular
periodic payments to the Trustee equal to the amount of its participating Employees'
total Deferrals which are deferred in accordance with the Plan.
1.02 General Duties of the Trustee: The Trustee shall hold all funds received
by it hereunder, which, together with the income therefrom, shall constitute the Trust
Funds. It shall administer the Trust Funds, collect the income thereof, and make
payments therefrom, all as hereinafter provided. The Trustee shall also hold all Trust
Funds which are transferred to it as successor Trustee by the Employer from existing
deferred compensation arrangements with its Employees which meet the same Internal
Revenue Code requirements which govern this Plan. Such Trust Funds shall be
subject to all of the terms and provisions of this Trust.
1.03 Investment Powers and Duties of the Trustee: The Trustee shall have
the power in its discretion to invest and reinvest the principal and income of the Trust
Fund and keep the Trust Fund invested, without distinction between principal and
income, in such securities or in other property, real or personal, wherever situated, as
the Trustee shall deem advisable, including, but not limited to, stocks, common or
preferred, bonds, retirement annuity and insurance policies, mortgages, and other
evidences of indebtedness or ownership, and in common trust funds of approved
financial or investment institutions, with such institutions acting as Trustee of such
common trust funds, or separate and different types of funds (accounts) including
equity, fixed-income, and those which fulfill requirements of state and local
governmental laws, established with such approved financial or investment institutions.
For these purposes, this Trust Fund may be commingled with others established by the
Trustee under this form of' agreement with other Employers. in making such
investments, the Trustee shall not be subject at any time to any legal limitation
governing the investment of such funds. Investment powers and investment discretion
vested in the Trustee by this Section may be delegated by the Trustee to any bank,
insurance or trust company, or any investment advisor, manager or agent selected by
it.
1.04 Investments: A Participant or Beneficiary of the Plan may request that
Deferrals under the Plan be allocated among available investment options established
by the Trustee. The initial allocation request may be made at the time of enrollment.
Investment allocation requests shall remain effective with regard to all subsequent
Deferrals, until changed in accordance with the provisions of this section. A Participant
TAP\45559\124773.1
or beneficiary may change his or her allocation request at the end of each calendar
quarter pursuant to procedures established by the Trustee, by notifying the Trustee in
writing. Such changes shall become effective as soon as administratively feasible.
While the Trustee intends to invest Deferrals according to the Participant requests, it
reserves the right to invest Deferrals without regard to such requests.
1.05 Administrative Powers of the Trustee: The Trustee shall have the
power in its discretion:
(a) To purchase, or subscribe for, any securities or other property and
to retain the same in trust.
(b) To sell, exchange, convey, transfer or otherwise dispose of any
securities or other property held by it, by private contract, or at public auction. No
person dealing with the Trustee shall be bound to see the application of the purchase
money or to inquire into the validity, expediency, or propriety of any such sale or other
disposition.
(c) To vote upon stocks, bonds, or other securities, to give general or
special proxies or powers of attorney with or without power of substitution; to exercise
any conversion privileges, subscription rights, or other options, and to make any
payments incidental thereto; to oppose, or to consent to, or otherwise participate in,
corporate reorganizations or other changes affecting corporate securities, and to
delegate discretionary powers, and to pay any assessments or charges in connection
therewith; and to generally exercise any of the powers of an owner with respect to
stocks, bonds, securities or other property held as part of the Trust Funds.
(d) To cause any securities or other property held as part of the Trust
Funds to be registered in its own name, and to hold any investments in bearer form, but
the books and records of the Trustee shall at all times show that all such investments
are a part of the Trust Fund.
(e) To borrow or raise .money for the purpose of the Trust in such
amount, and upon such terms and conditions, as the Trustee shall deem advisable;
and, for any sum so borrowed, to issue its promissory note as Trustee, and to secure
the repayment thereof by pledging all, or any part, of the Trust Funds. No person
lending money to the Trustee shall be bound to see the application of the money lent or
to inquire into its validity, expediency or propriety of any such borrowing.
(f) To keep such portion of the Trust Funds in cash or cash balances
as the Trustee, from time to time, may deem to be in the best interest of the Trust
created hereby, without liability for interest thereon.
(g) To accept and retain for such time as it may deem advisable any
securities or other property received or acquired by it as Trustee hereunder, whether or
not such securities or other property would normally be purchased as investments
hereunder.
TJP1455581124773.1 _2.,
(h) To make, execute, acknowledge, and deliver any and all
documents of transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted.
(i) To settle, compromise, or submit to arbitration any claims, debts, or
damages due or owing to or from the Trust Funds; to commence or defend suits or
legal or administrative proceedings; and to represent the Trust Funds in all suits and
legal and administrative proceedings.
0) 'To do all such acts, take all such proceedings, and exercise all .
such rights and privileges, although not specifically mentioned herein, as the Trustee
may deem necessary to administer the Trust Funds and to carry out the purposes of
this Section.
1.06 Distributions from the Trust Funds: The Trustee shall make benefit
payments from the Trust Fund to Participants in accordance with the provisions in the
Plan for distribution of benefits.
1.07 Valuation of Trust Funds: At least once a year as of valuation dates
designated by the Trustee, the Trustee shall determine the value of the Trust Funds.
Assets of the Trust Funds shall be valued at their market values at the close of
business on the valuation date, or, in the absence of readily ascertainable market
values as the Trustee shall determine, in accordance with methods consistently
followed and uniformly applied.
1.08 Evidence of Action by Employer: The Trustee may rely upon any
certificate, notice or direction purporting to have been signed on behalf of the Employer
which the Trustee believes to have been signed by a duly designated official of the
Employer. No communication shall be binding upon any of the Trust Funds or Trustee
until they are received by the Trustee.
1.09 Advice of Counsel: The Trustee may consult with any legal counsel with
respect to the construction of the Plan or Trust, its duties hereunder, or any act, which
it proposes to take or omit, and shall not be liable for any action taken or omitted in
good faith pursuant to such advice.
1.10 Miscellaneous: The Trustee shall use ordinary care and reasonable
diligence, but shall not be liable for any mistake of judgment or other action taken in
good faith. The Trustee shall not be liable for any loss sustained by the Trust Funds by
reason of any investment made in good faith and in accordance with the provisions of
this Section. The Trustee's duties and obligations shall be limited to those expressly
imposed upon it by this section, notwithstanding any reference of the Plan.
1.11 Taxes: The Trustee shall deduct from and charge against the Trust Funds
any taxes on the Trust Funds or the income thereof or which the Trustee is required to
pay with respect to the interest of any person therein.
TJP1455581124773.1 _3_
1.12 Expenses: The Trustee shall deduct from any charge against the Trust
Fund all reasonable expenses incurred by the Trustee in the administration of the Trust
Fund, including counsel, agency and other necessary fees.
1.13 Settlement of Accounts: The Trustee shall keep accurate and detailed
accounts of all investments, receipts, disbursements, and other transactions hereunder.
Accounts shall be valued at least quarterly each Plan Year and each
Participant shall receive written notice of his or her account balance following such
valuation. Account balances' shall reflect the Deferral amount, any earnings
attributable to such amount, and shall be reduced by administrative, investment and
other fees attributable to such amounts.
Within 90 days after the close of each fiscal year, the Trustee shall render
to the Employer an accounting of its acts and transactions as Trustee hereunder with
respect to each Employer participating in the Plan. If any part of the Trust Fund shall
be invested through the medium of any common, collective or commingled Trust Funds,
the last annual report of such Trust Funds shall be submitted with and incorporated in
the account.
If within 90 days after the mailing of the account, or any amended
account, the Employer has not filed with the Trustee notice of any objection to any act
or transaction of the Trustee, the account or amended account shall become an
account stated. If any objection has been filed, and if the Employer is satisfied that it
should be withdrawn or if the account is adjusted to the Employer's satisfaction, the
Employer shall in writing filed with the Trustee signify approval of the account and it
shall become an account stated.
When an account becomes an account stated, such account shall be
finally settled; and the Trustee shall be -completely discharged and released, as if such
account had been settled and allowed by a judgment or decree of a court of competent
jurisdiction in an action or proceedings in which the Trustee and the Employer were
parties. The Trustee shall have the right to apply at any time to a court of competent
jurisdiction for the judicial settlement of its account.
1.14 Resignation of Trustee: The Trustee may resign at anytime by filing with
the Employer its written resignation. Such resignation shall take effect 60 days from
the date of such filing and upon appointment of a successor pursuant to Section 1.16,
whichever shall first occur.
1.15 Removal of Trustee: The Employer may remove the Trustee at any time
by delivering to the Trustee a written notice of its removal and an appointment of a
successor pursuant to Section 1.16. Such removal shall not take effect prior to 60 days
from such delivery unless the Trustee agrees to an earlier effective date.
TJP1455581124773.1 -4_
1. 16 Appointment of Successor Trustee: The appointment of a successor to
the Trustee shall take effect upon the delivery to the Trustee (a) an instrument in
writing executed by the Employer appointing such successor, and exonerating such
successor from liability for the acts and omissions of its predecessor, and (b) an
acceptance in writing, executed by such successor. All of the provisions set forth
herein with respect to the Trustee shall relate to each successor with the same force
and effect as if such successor had been originally named as Trustee hereunder. If a
successor is not appointed within 60 days after the Trustee gives notice of its
resignation pursuant -to Section 1.14, the Trustee may apply to any court of competent
jurisdiction for appointment of a successor.
1.17 Transfer of Funds to Successor: Upon the resignation or removal of the
Trustee and appointment of a successor, and after the final account of the Trustee has
been properly settled, the Trustee shall transfer and deliver any of the Trust Funds
involved to such successor.
1.18 Plan -to -Plan Transfers: Notwithstanding any other Plan provision,
distribution of amounts deferred by the former Participant of the Pian shall not
commence upon Separation from Service, but instead shall be automatically
transferred to another Eligible Deferred Compensation Plan, of which the former
Participant has become a Participant, if:
and (a) the Plan receiving such amounts provides for their acceptance,
(b) a Participant Separates from Service with the Employer in order to
accept employment with another "eligible" entity.
This Trust will accept the transfer of amount previously deferred by a
Participant under another Eligible Deferred Compensation Plan.
1.19 Duration and Revocation: This Trust shall continue for such time as may
be necessary to accomplish the purpose for which it was created. The Trust may not
be terminated until the date on which any Plan Participant is entitled to no more
benefits under the Plan. Upon termination of the Trust, any remaining assets shall be
returned to the Employer. The Trust may be revoked only if the Internal Revenue
Service determines that the Trust is not a valid Rabbi Trust or the Plan is not an eligible
deferred compensation plan under Internal Revenue Code Section 457. In all other
instances, the Trust is irrevocable. Termination of this Trust shall not, however, relieve
the Employer of the Employer's continuing obligation to pay deferred compensation
upon the applicable distribution date to* any and/or each Employee with whom the
Employer has entered into a Voluntary Salary Deferral Agreement.
1.20 Amendment: The Employer shall have the right to amend the Trust in
whole and in part but only with the Trustee's written consent. Any such amendment
shall become effective upon (a) delivery to the Trustee of a written instrument of
TJP1455581124773.1 _5-
amendment, and (b) the endorsement by the Trustee on such instrument of its consent
thereto.
1.21 Ownership of Assets: All amounts deferred under the Plan and
contributed to the Trust, all property and rights purchased with such amounts, and all
income attributable to such amounts, property or rights shall remain (until made
available to the Participant or Beneficiary) solely the property of the Employer (without
being restricted to the provision of benefits under the Plan), but shall be subject to the
claims of the Employer's general creditors upon the Employer's Insolvency.
All amounts contributed to the Trust shall be held as 'a separate and
distinct trust for the Employer. However, Trust funds of several employers may be
commingled for investment purposes, provided that the Trustee maintains an
accounting reflecting the Trust funds held on behalf of the Employer. In the event of
the Employer's Insolvency, the creditors of the Employer only have an interest in the
Trust funds held on behalf of the Employer who is Insolvent and shall not have an
interest in the Trust funds of any other employer.
1.22 Employer Insolvency:
(a) The Employer shall be considered "Insolvent" for purposes of this
Trust Agreement if (i) the Employer is unable to pay its debts as they mature, or (ii) the
Employer is subject to a pending proceeding as a debtor under the Bankruptcy Code.
(b) At all times during the continuance of this Trust, the principal and
income of the Trust shall be subject to claims of general creditors of the Employer as
hereinafter set forth, and at any time the Trustee has actual knowledge, or has
determined, that the Employer is Insolvent, the Trustee shall deliver any undistributed
principal and income in the Trust to satisfy such claims as a court of competent
jurisdiction may direct. The chief executive officer and chairman of the governing body
of the Employer shall have the duty to inform the Trustee of the Employer's Insolvency.
If the Employer or a person claiming to be a creditor of the Employer alleges in writing
to the Trustee that the Employer has become Insolvent, the Trustee shall
independently determine, within thirty (30) days after receipt of such notice, whether
the Employer is Insolvent and, pending such determination, the Trustee shall
discontinue payments of benefits to Plan Participants, shall hold the Trust assets for
the benefit of the Employer's general creditors, and shall resume payments of benefits
only after the Trustee has determined that the Employer is not Insolvent (or is no longer
Insolvent, if the Trustee initially determined the Employer to be Insolvent). Unless the
Trustee has actual knowledge of the Employer's Insolvency, the Trustee shall have no
duty to inquire whether the Employer is Insolvent.
1.23 Benefits to Participants under the Plan and this Trust Agreement may not
be anticipated, assigned, alienated or subject to attachment, garnishment, levy,
execution or other legal or equitable process. If a court of competent jurisdiction holds
any provision of this Trust to be invalid or unenforceable, the remaining provisions of
the Trust shall continue to be fully effective. This Trust shall be construed in
TJP14555&124773.1 _S_
accordance with applicable federal law, and to the extent otherwise applicable, the laws
of the State of Colorado. The Trust is intended to be a grantor trust under Internal
Revenue Code Section 671 and a Rabbi Trust under the Internal Revenue Code,
IN WITNESS WHEREOF, the Employer has caused this Trust to be executed by
its duly authorized representative this day of '11997.
Witness:
EMPLOYER
Town of Vail
By:
Its:
TJP1455581124773.1 _7_
RESOLUTION NO. 13
SERIES OF 1997
A RESOLUTION APPROVING AND ADOPTING
THE 1997 FORD PARK MANAGEMENT PLAN,
WHICH IS AN AMENDMENT TO THE 1985
FORD PARK AND DONOVAN PARK MASTER PLAN.
WHEREAS, the Town of Vail has developed the 1997 Ford Park Management Plan,
which is an amendment to the 1985 Ford Park and Donovan Park Master Plan; and
WHEREAS, there has been considerable public input from leaseholders and stakeholders
which was facilitated by staff in developing that plan.
that:
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado
1. The 1997 Ford Park Management Plan attached to this Resolution as Exhibit A is
hereby approved and adopted.
2. This resolution shall take effect immediately upon its passage.
_ INTRODUCED, READ, APPROVED AND ADOPTED this /sday of April, 1997.
Ro ert W. Armour, Mayor
ATTEST:
4�L ml
Holly L. McCutcheon, Town Clerk
CARESOLU97.13
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RESOLUTION NO. 13
SERIES OF 1997
A RESOLUTION APPROVING AND ADOPTING
THE 1997 FORD PARK MANAGEMENT PLAN,
WHICH IS AN AMENDMENT TO THE 1985
FORD PARK AND DONOVAN PARK MASTER PLAN.
WHEREAS, the Town of Vail has developed the 1997 Ford Park Management Plan,
which is an amendment to the 1985 Ford Park and Donovan Park Master Plan; and
WHEREAS, there has been considerable public input from leaseholders and stakeholders
which was facilitated by staff in developing that plan.
that:
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado
1. The 1997 Ford Park Management Plan attached to this Resolution as Exhibit A is
hereby approved and adopted.
2. This resolution shall take effect immediately upon its passage.
_ INTRODUCED, READ, APPROVED AND ADOPTED this /s4 day of April, 1997.
L
Ro ert W. Armour, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
CARESOLU97.13
a,
FINAL REPORT
FORD PARK MANAGEMENT PLAN
An Amendment to the Ford Park Master Plan
April 14, 1997
Introduction.
The Ford Park Management Plan herein presented is to serve as an amendment to the
1985 Master Plan for Gerald R. Ford Park. The Ford Park Management Plan contains
eight sections. Sections 1 - 4 introduce the plan: An executive summary, a history and
time line of Ford Park, a description of the management plan process, and a statement of
purpose of the management plan. Section 5 is the heart of the management plan: a set of
six management goals with accompanying objectives, action steps, and policy statements
to provide a framework for future management decisions. Section 6 contains illustrative,
conceptual plans and written descriptions which support the various action steps. A 5 -
Year Capital Improvements Program for Ford Park is presented in Section 7. Section 8 is
an appendix containing copies of pertinent legislative and legal documents.
Section 1: Executive Summary.
The property which is today Gerald R. Ford Park was acquired by the town in 1973 in
response to public reaction against a high density residential development proposal. The
39 acre park site represented the last remaining parcel of land central to use by all
residents and visitors of the Vail Community. The Vail Plan (1973) described the site as
a major community park - cultural center that would satisfy the town=s growing
recreational and cultural needs.
Development of the lower portion of the park was directed by the Gerald R.
Ford/Donovan Park Master Plan (1985). Strong public participation led to the
establishment of guidelines for the implementation of future improvements. Upper area
improvements, softball fields, tennis courts, and parking areas, were constructed without
the benefit of preplanning and subsequently created some barriers to the lower bench,
natural areas, and Nature Center.
The Vail Village Master Plan (1990) recommended the park be considered as a site for
additional skier parking to serve expansion on the eastern side of Vail Mountain. It also
recommended the construction of`fiike/p es' a ways along t ie §outh Frontage Road
and Vail Valley Drive:
There are currently four main organizations involved in the operation of Ford Park. The
Town of Vail, Vail Recreation District, Alpine Garden Foundation, and the Vail Valley
Foundation all play distinct roles and manage separate portions of the park. The Town of
Vail is the owner of the park and manages the community park, stream tract, and parking
lot areas. The other three organizations each hold a lease or license agreement to operate
their respective facilities and programs within the park.
A proposal by the Alpine Garden Foundation to construct an educational center within the
garden area was a significant impetus to the creation of this document. However, several
other formal and informal development expansion proposals and numerous unresolved
park management issues existed. This plan is intended to create a means to evaluate
development proposals in order to protect and enhance the character of the park.
This plan is a direct product of strong public participation in focus groups and public
input sessions. One clear, concise message was conveyed to the town staff from the
public participants: AYour role is steward to the park; don=t screw it up by over
development.@ To that end, this plan, serving as an amendment to the 1985 Ford Park
Master Plan, is intended to guide the outcome of future development and improvement
proposals through the implementation of six major goals.
1. Preservation and protection
2. Reduction of vehicular intrusions
3. Reduction of conflicts between venues
4. Resolution of parking and Frontage Road access problems
5. Improvement of pedestrian circulation
6. Delineation of financial responsibilities
Designed to be a framework for future management decisions, a series of objectives,
action steps and policy statements facilitate the implementation of each goal statement.
2
Section 2: Background of Ford Park.
History
Gerald R. Ford Park has been the subject of numerous legislative and community
planning actions over the last 24 years. The time line at the end of this section illustrates
the relationship between the actions discussed in this section.
The Ford Park site was acquired by the Town of Vail in April of 1973 for the stated
purpose of improving the quality of life in the community. This 39 acre park site
represented the last remaining parcel of land central to use by all residents and visitors of
the Vail community. The existing conditions plan, which follows this section, illustrates
Ford Park in its current condition.
Ordinance No. 6, Series of 1973, signed April 3, 1973, (a copy of which is included in the
Appendix), authorized the purchase (by condemnation) of the property known as the
Antholz Ranch. The ordinance listed a variety of possible uses for the property including
the following:
X for park and greenbelt purposes,
X to preserve the natural and physical character of the area to be condemned,
X for bicycle, equestrian and hiking trails,
X for children=s playground,
X for performing arts and civic center,
X for a ski lift and related facilities,
X for picnic areas,
X for recreational facilities such as tennis courts, swimming pools,
gymnasium, ice skating rink,
X for theater and assembly halls, convention center, public schools,
X for possible exchange or trade of condemned land, or a portion thereof,
with other property which may exactly meet the needs of the town,
X to construct and maintain water works, transportation systems, and other
public utilities relating to public health, safety, and welfare.
In August of 1973, the Vail Plan was completed. This plan was designed to control the
growth and development of the community and contained a chapter on the town
recreation system. The Antholz Ranch property was mentioned as the only site satisfying
the recreation use anticipated. In the. Vail Plan the uses intended for the property were
further defined. The uses listed include a place for showing and creating art, crafts, etc.;
an indoor theater as well as an 800 seat outdoor amphitheater; meeting rooms and
community workshops; wide outdoor terraces and natural landscapes; indoor ice arena,
tennis and handball court's;'children=s play facilities and space for family activities;
headquartem fior the Annual Vail Symposium and local television; and- a possible location
3
for an ecologium (nature center). The property was described as a major community
park -cultural center. The plan called for 200 surface parking spaces and direct service
from the town bus system. Major parking needs were to be accommodated in the Vail
Transportation Center with various trails and bikeways connecting to the park.
In January of 1977, Resolution No. 1, Series of 1977, was passed naming the property
commonly known as the Antholz Ranch as Gerald R. Ford Park in appreciation of
President Ford=s contributions to the community. Resolution No. 1, Series of 1977 is
included in the Appendix.
In August of 1985 the Gerald R. Ford Park and Donovan Park Master Plan Development
Final Report was completed. The Ford Park Master Plan was adopted by Council with
Resolution No. 19, Series of 1985, which is included in the Appendix. The purpose of
the master plan was to guide the future development of these parks and establish
guidelines for the implementation of improvements. The master planning project used a
Recreation Needs Analysis Survey and involvement of the public in determining the
recreation priorities of the community and the design concepts and criteria for the two
park sites. The Ford Park master plan proposed a swimming pool complex,
neighborhood park improvements, a skating rink on the lower bench, and the realignment
of the eastern softball field. The neighborhood park open space area, playground, and
access road were the only portions of the master plan actually constructed.
The first major structure to be constructed in the park, the Gerald R. Ford Amphitheater,
was completed in July of 1987. The Parking and Transit Study completed in April of
1979 for the Amphitheater made five recommendations: The Village Structure should be
considered the major parking facility for Ford Park, with improvements to the signs,
sidewalks, and bus service being necessary; extend shuttle bus service to the soccer field;
disallow Frontage Road parking; construct a vehicle turn -around and passenger unloading
area at Ford Park; and do not schedule concurrent events.
Resolution No. 27, Series of 1987, was passed on November 3, 1987. Resolution 27
designated the seven acres around the Nature Center as an area to be preserved as an
example of the Gore Valley=s natural history. Vehicular traffic was restricted and certain
policies and procedures for preservation and maintenance of the grounds and facilities
were established with the resolution. A copy of resolution No. 27, Series of 1987, is
included in the Appendix.
Development of the community park portion on the lower belch of Ford Park included
the restroom, playground area, open turf area and picnic facilities, and the west access
road. These improvements were completed in November of 1988.
In December of 1988, the Vail Metropolitan Recreation District (Now the Vail Recreation
f`VM1I;`�� e�ameii�tnen is the'Ir�$ o i�ar�l�iiister.:
rd
Plan. The two phase amendment was adopted by Council as Resolution No. 44, Series of
1988. A copy of the resolution is included in the appendix. Phase one of the amendment
was to utilize the on-site tennis courts and allow the construction of four additional
courts. Phase two of the amendment changed the proposed location of the Aquatic
Facility to the eastern softball field. Funding of the Aquatic Facility was rejected by
voters in a special election on February 6, 1989. Vail Town Council was presented with a
petition to delete all reference to an aquatics center from the Ford Park Master Plan in
April of 1990. No record of Council action on the petition was found. While the tennis
center building is not mentioned in the Master plan amendment, the VRD did receive a
Conditional Use Permit for the project on May 8, 1990.
The Vail Village Master Plan, adopted January 16, 1990, addresses Ford Park as a
specific study area. This study acknowledges the use of the park in recent years to
accommodate overflow skier and local parking needs. It recommends the park be studied
further as a site for additional skier parking to serve expansion of the eastern side of Vail
Mountain. Action Step #5 under Goal #5 states Astudy the feasibility of an underground
(recreation fields would remain) parking structure in Ford Parka The Parking and
Circulation Plan, within the Vail Village Master Plan, identifies the western portion of the
upper bench for Apotential parking beneath park,@ and calls for separated bike/pedestrian
ways along the South Frontage Road and Vail Valley Drive.
The Vail Transportation Master Plan, completed in 1993, states, AThe existing Ford Park
Parking area (east end of park) should be considered for a possible 2 -level parking facility
with the second level below existing grade.® Ford Park and the athletic field parking area
are also listed as two possible sites for oversized vehicles if the lot east of the Lionshead
Structure becomes developed.
Current Park Management
There are currently four main organizations operating in Gerald R. Ford Park. The Town
of Vail, Vail Recreation District, Alpine Garden Foundation, and the Vail Valley
Foundation all play distinct roles and manage separate portions of the park. The Town of
Vail is the owner of the entire Gerald R. Ford Park site and manages the community park,
stream tract, and parking lot areas. The other three organizations each hold a lease or
license agreement to operate their respective facilities and programs within the park.
The Vail Recreation District Lease of December 21, 1993, describes the premises
license as including the upper bench of Ford Park, public tennis courts, athletic fields and
" Natufe C"enthi,' although the graphic representation of the premises was not attached to the
lease agreement.' The VRD offers a variety of sports leagues, camps, and tournaments to
area residents_ and guests. The Vail Nature Center occupies the seven acres between Vail
Valley Drive and Gore Creek and offers environmental education and research
opportunities to residents and guests. While officially aublic parking lot, Vail
Associates frequently utilizes ttie at`etic Heid parking I for einpioyees work ng out of
5
the Golden peak ski base. A copy of the Vail Recreation District lease is included in the
Appendix.
The Vail Valley Foundation,(VVF), a non-profit, charitable organization, manages and
maintains the Ford Amphitheater and immediate grounds. The terms of the agreement
between the Town and the VVF, signed December 8, 1987, and extended to October 31,
2001, include an endowment for ongoing repair and maintenance of the Amphitheater.
The amphitheater seats up to 2,500 people and is scheduled an average of 58 days during
the summer. Hot Summer Nights concerts, Bravo! Colorado, and the Bolshoi Ballet are
some of the more popular programs held at the amphitheater.
The Vail Alpine Garden Foundation, a Colorado non-profit corporation, manages the
three existing phases of the Betty Ford Alpine Garden under a Limited License
Agreement signed June 8, 1994. The terms and conditions of a Lease Agreement are
currently being negotiated. The original Alpine Display Garden was constructed in 1987
under a license agreement with the Town at the entrance to the amphitheater. The site for
the Alpine Garden was established in the 1985 Ford Park Master Plan to act as a buffer
between the amphitheater and active park areas. The second phase of the garden, the
Perennial Garden, and third phase, the Meditation Garden, were constructed in 1989 and
1991 respectively. A fourth and final phase, the Alpine Rock Garden, is currently being
planned for construction in 1998. A proposal by the Alpine Garden Foundation to
construct an Educational Center with the final phase of the garden has been controversial.
Opposition to the expanded use of the garden and the interior of park has been a
significant impetus to the creation of this master plan amendment. In response to that
opposition, the Vail Alpine Garden Foundation modified the proposal to locate the
Educational Center near the athletic field parking lot on Vail Valley Drive. This location
received conceptual approval by the Council on October 15, 1996, allowing the
Foundation to proceed through the design process within the Town.
The lower bench of Ford Park, is managed by the Town of Vail Department of Public
Works and Transportation and serves as a community park and open space facility with
picnic, playground and open play areas. The lower bench is utilized several times a year
for special events where large tents are often erected to accommodate the activities.
Access to the park from the Golden Peak ski base is by a public access easement through
the Manor Vail property. A copy of the easement is included in the Appendix. The Town
operates the upper bench parking lot as a public parking facility during the ski season.
Access to the upper bench parking areas is from the State owned South Frontage Road.
The Colorado Department of Transportation (CDOT) is the agency responsible for
reviewing and approving access permit applications from the State-owned Frontage Road.
Currently, no access permit has been issued for the access by the CDOT. CDOT ,
Frontage Road right-of-way covers a substantial portion of the existing gravel parking lot.
0
Time Line of Ford Park Activities:
April 1973
Condemnation of Antholz Ranch. Ordinance 6, 1973
August 1973
Completion of Vail Plan.
January 1977
Antholtz Ranch named Gerald R. Ford Park. Resolution 1, 1977
August 1985
Completion of Ford/Donovan Park Masterplan. Resolution 19,1985
July 1987
Amphitheater construction complete
August 1987
Alpine Demonstration Garden complete.
November 1987
Preservation of Nature Center. Resolution 27, 1987
December 1987
Vail Valley Foundation lease signed.
November 1988
Lower Bench improvements complete.
December 1988
Masterplan amendment by VRD. Resolution 44, 1988
December 1988
Service agreement with VRD. Resolution 46, 1988
May 1989
Tennis Center receives Conditional Use Permit.
July 1989
Alpine Perennial Garden complete.
January 1990
Completion of Vail Villgge Mas=lan.
February 1990
Aquatic Center rejected by voters in special election.
April 1990
Council petitioned to delete Aquatic Center from masterplan.
May 1990
Tennis Center construction complete.
June 1991
Alpine Medetation Garden complete.
April 1993
Completion of Vail ImMortation Master Plan.
December 1993
Vail Recreation District agreement renewed.
June 1994
Vail Alpine Garden Foundation license agreement signed.
June 1995
Town begins Ford Park Management Plan..
October 1996
Council allows Vail Alpine Garden Foundation to proceed through
process with Educational Center plans at Soccer Field parking lot.
7
Section 3: Description of the process of developing the Management Plan
The Ford Park Management Plan process was initiated in June of 1995 in response to
several development proposals which had been formally and informally discussed and as
a means to solve existing park management issues. The development proposals included
an Educational Center for the Betty Ford Alpine Garden, cultural/performing arts center,
expansion of the tennis facility, athletic field fencing, and a community parking structure.
Park management issues included parking shortage, frontage road access, pedestrian
access and circulation, access for the elderly and disabled, utilization of the lower bench,
conflicts between uses within the park, conflicts with adjacent property owners, and
delineation of financial responsibilities. At the time the project was authorized, Council
expressed concern that a new master plan for Ford Park would result in an excessive
amount of new development. In response, staff noted the intention of the project was to
create a Amanagement plan@ as a means to adequately and consistently evaluate
development proposals, thus limiting development and protecting the character of the
park.
Those organizations with a financial and managerial role along, with two neighborhood
representatives, were identified as the Stakeholder Group and were invited to participate
in the process. A third party facilitator was retained for the project in August of 1995.
Staff members from the Town, Vail Recreation District and Alpine Garden participated in
the facilitator selection process. Staff felt that a third -party facilitator would be beneficial
to the project by offering a non -biased opinion and increasing Stakeholder participation.
The Stakeholder Group was assembled in a series of meetings over the eight month
period from August 1995 to April 1996. The meetings drew out issues, ideas, expansion
proposals, and began formulating possible solutions.
Alternative design solutions addressing parking options, vehicular access, Frontage Road
improvements, additional sports facilities and management policies, were presented to the
public in an open house at the Gerald R. Ford Amphitheater on June 12, 1996. Citizens
were asked to complete a self -guided presentation and opinion survey form. A synopsis
of the open house presentation and summary of the opinion survey are included in the
Appendix.
The open house presentation was a turning point in the process of developing the
Management Plan. Several residents were alarmed by the alternatives included in the
presentation and initiated a grass-roots movement to place a referendum on any future
expansion/development within the park. This strong public reaction, combined with a
lack sof closure witifthe Stakeholders Grodp prompted the Town to revise the'process to
include more public involvement at that time. Previously, public input was being
reserved for a time when alternative'Otani could lie presented for' comm& t: - 'tree Focus
Group meetings with selected individuals from the community were held on September
the Focus Group discussions. In round table discussion, individuals were asked to
respond to a list of prepared questions regarding uses and issues associated with Ford
Park. The Focus Group questions and responses are included in the Appendix.
Additional public input sessions were held on October 2 and 3, 1996„ which validated the
focus group responses and further refined staff=s understanding of the public perception
and desire regarding Ford Park.
The combined results of the focus group and public input sessions along with a
preliminary master plan framework, were presented to the Planning and Environmental
Commission on October 14, 1996, and Town Council on October 15, 1996. Both PEC
and Council directed staff to proceed with drafting the plan as an. amendment to the 1985
Ford Park Master Plan based on the input. received and presented.
9
*1
I
Section 4: Purpose of the Mannement Plan.
This document is formatted as an amendment to the 1985 Master plan (revised) for Ford
Park. While some of the physical aspects of the park have changed since the adoption of
the 1985 Master plan, the essential character, concept, and function of the park have
remained consistent. The 1985 Master Plan, enhanced by this amendment, remains a valid
document to be used in the future planning and decision-making process for Ford Park.
As with all master plans, this document will have a definite life for which it remains a
useful decision-making tool. The life expectancy of this plan is approximately 10 years
but should remain in effect until replaced by an updated master plan document. The Ford
Park Management Plan will take precedence over the 1985 Master Plan where conflicts or
discrepancies occur.
The intention of the combined documents is to guide the outcome of future development
proposals within Ford Park by modifying the permitted uses (1973 acquisition
legislation), recommending development guidelines, limiting the number of leaseholders
within Ford Park, and designating buffer/protection zones within and adjacent to the park.
The 1985 Master Plan Acknowledges some shortcomings in the overall design of the
park, particularly the layout of the upper bench area and the internal pedestrian circulation
system. This amendment will formulate design alternatives to these specific problem
areas to correct the deficiencies that exist. This amendment will also delineate
managerial, operational, and financial responsibilities between the Town and the
leaseholders.
10
Section 5: Goals, Objectives, Policies and Action Steps
Goals for Ford Park are summarized in six major goal statements. Each goal statement
focuses on a particular aspect of Ford Park brought up during the stakeholder and public
input portions of the Management Plan process. As one might anticipate, there is a
certain amount of overlap between the goal statements. The issues concerning Ford Park
are complicated and convoluted as are the solutions to these issues. It is intended that the
goal statements be consistent and complementary to each other and be designed to
provide a framework, or direction, for the future management of Ford Park. A series of
objectives following each goal statement outline specific steps that can be taken toward
achieving each stated goal. Policy statements are intended to guide decision-making in
achieving each of the stated objectives in reviewing development proposals and
implementing capital improvement projects. Action steps are the final measure in
implementing the goal statements.
Illustrative plans following the Goals, Objective, and Action Steps are included to help
explain the concepts represented by those statements. The illustrations are conceptual
and are not to be considered as final design solutions.
Goal #1:
Preserve and protect Ford Park.
Objectives:
1.1: Limit future development.
Action Step 1.1.1: Draft a new ordinance to exclude those uses listed in Ordinance
No.6, Series of 1973, now considered to be inappropriate, and to redefine the
allowable uses within Ford Park.
Policy Statement 1: The following uses that are allowed and prohibited for Ford
Park shall take precedence over Section 18.36.030 of the Municipal Code
concerning the General Use Zone District.
Allowed Uses
X Park and greenbelt
X Bicycle and hiking trails
X Children=s playground
X Outdoor amphitheater
X Botanical gardens.
X Environmental, educational, and historical centers
X Picnic areas j
"aMll�IiA z.' ..
X - Transportation system ,and'other public utility easements
X Parking
11
X Administrative offices
12
Prohibited uses
X Ski lift and related facilities
X Exchange or trade
X Civic center, convention/conference center, public schools, gymnasium,
and assembly hall
X Swimming pools
X Equestrian trails
X Type III and IV employee housing
Policy Statement 2: New or changed facilities or uses will not be permitted to
curtail existing public uses of facilities in the Park unless there is either a
compelling public interest or adequate alternative facilities are available to its
users. All functions in the park shall be maintained and function at a high quality
level.
Action Step 1.1.2: Create and attach plan sheets which outline lease areas, referred
to as Exhibit A in the Vail Recreation District lease agreement and Exhibit B in
the Vail Valley Foundation lease agreement, but which were never attached.
Policy Statement 3: The existing variety of uses and facilities in the Park will be
preserved. The Town will not enter into a lease agreement with any party that does
not currently hold such an agreement, hereby maintaining current leaseholder
status to: Vail Valley Foundation, Vail Alpine Garden Foundation, and Vail
Recreation District, or their successors.
1.2: Refine criteria for evaluating future development proposals.
Action Step 1.2.1: Update the Design Criteria and Site Guidelines included in the
1985 Ford Park Master Plan by:
a) Creating additional development guidelines for underground, low visual
impact type structures, enhanced landscaping, and full and complete impact
mitigation.
b) Enforcing existing criteria and guidelines to solve and/or avoid problems
associated with development projects within Ford Park.
1.3: Designate Preservation Zones within Ford Park to protect sensitive natural, areas
and/or buffer zones between venues areas from developmental impacts. Define allowed
uses within Preservation Zone areas.
Action Step.,3.> p zfnr ervat�m nes an
detheir
uses within Ford Park. For example, significant native vegetation, wildlife x .
13
habitat, and wetlands may be criteria for designating sensitive natural areas, while
grade separations and dense landscape plantings may be criteria for designating
sensitive buffer zones.
Action Step 1.3.2: Delineate Preservation Zones within Ford Park.
Policy Statement 4: All proposed development projects shall be reviewed for
compliance with Design Criteria and Site Guidelines, as well as other Town
regulations, and shall be additionally judged according to the recreational,
educational or social benefit they bring to the community.
Policy Statement 5: Functions that do not maintain high standards of quality or
that diminish the experience of park users, will not be permitted.
Policy Statement 6: The historic qualities and natural character of the Nature
Center are to be maintained.
1.4: Enhance use and preservation of the Historic School House.
Action Step 1.4.1: Negotiate a contract with the Vail Alpine Garden Foundation to
open the School House for public visitation and to perform preservation activities
of photographs and artifacts.
Action Step 1.4.2: Make physical improvements to the school house to enhance
lighting, public access and viewing areas.
Goal #2:
Reduce vehicular intrusions in, and their impact on, the park.
Objectives:
2.1: Reduce the demand for vehicular intrusions into the park.
Action Step 2.1.1: Provide additional on-site storage facilities within the
Amphitheater, Alpine Garden and Recreation District areas to reduce and control
the frequency of delivery and service vehicle intrusions into the park.
Action Step 2.1.2: Improve traffic gate operations and restrictions on both the
east and west access roads to eliminate unnecessary and unauthorized vehicular
intrusions into the park.
Action Step 2.1.3: Construct a central trash collection facility, accessible from the
South Frontage Road, to be used by all leaseholders, within the park for the
disposal of trash, landscape debris, and recyclables.
Policy Statement 7: Vehicular encroachment into the park will be minimized.
14
The only vehicular uses allowed in the park are for: maintenance; delivery of
goods and materials too large or heavy to be carried by non -motorized means;
access for people with disabilities or limited mobility; public transportation; and
emergency services.
2.2: Reduce the conflicts between vehicles and park users.
Action Step 2.2.1: Coordinate delivery schedules to reduce the frequency of
delivery and service vehicle intrusions into the park during peak use time periods.
Action Step 2.2.2: Improve loading dock facilities in the Amphitheater to
expedite the unloading and setup for performances and to reduce the need for
large vehicle parking outside of the Amphitheater area.
Action Step 2.2.3: Improve the configuration of the east access road to allow use
by large delivery vehicles, thus reducing the overall number of trips on the west
access road and the need for the backing and turning of large vehicles on the
lower bench of the park.
Goal #3:
Reduce conflicts between all Ford Park venues.
Objectives:
3.1: Coordinate events on all Ford Park venues.
Action Step 3.1.1: Expand the master schedule kept by the Town Clerk to
include all venues within the park.
Action Step 3.1.2: Hold preseason and monthly event/activity coordination
meetings.
Action Step 3.1.3: Hold semiannual (2x per year) coordination and input
meetings with the Town Administrators, leaseholder representatives, and
neighborhood and adjacent property owner representatives.
Policy Statement 8: Overlapping or simultaneous events that exceed the
available community parking or other park infrastructure shall be discouraged.
Policy Statement 9: No one event or type of use will be allowed to dominate the
usage of the Park.
Policy Statement 10: The Park is a Town of Vail community facility and in the
case of conflicting uses, functions that best serve the interests of the community
will have the, highest priority.,In all cases, final decisions regarding the Park rest
with the Vaij Town Manager.
15
Policy Statement 11: The day-to-day management and coordination of activities
in the Park will be assigned to the Park Superintendent. The Park Superintendent
will coordinate as necessary with a representative of
X the Town of Vail
$ the Vail Valley Foundation
$ the Alpine Garden
$ the Vail Recreation District
3.2: Improve buffers between different use areas within the park.
Action Step 3.2.1: Enhance the buffer zone between the softball fields and the
amphitheater and gardens by reversing the orientation of the center and east
softball fields.
Action Step 3.2.2: Enhance existing and new buffer zone areas through the
addition of landscape planting.
Goal #4: Resolve parking and South Frontage Road access problems.
Objectives:
4.1: Develop and implement a parking management plan for Ford Park.
Action Step 4.1.1: Locate a variable message sign between the main roundabout
and entrance to Village Structure for the purpose of informing drivers that close -in
parking at Ford Park is restricted, at a fee, or full, and parking in the VTC is free
and shuttle bus service is available.
Action Step 4.1.2: Schedule shuttle bus service from top deck of the Village
Structure to Ford Park Frontage Road stop for special event/high demand days.
Extend in -town shuttle bus service to Ford Park Vail Valley Drive stop.
Action Step 4.1.3: Designate drop-off parking from Frontage Road using 15
spaces north of bus stop. Enforce 5 minute time limit. Drop-off lane functions as
a turn around once lot is filled. Schedule attendants on-site to manage drop-off
spaces and assist users in loading and unloading.
Action Step 4.1.4: Allocate close -in parking on Frontage Road and Vail Valley
Drive through reserve ticket purchases or on a fee basis. Parking attendants on-
site to manage entrances and exits. Establish a ticket surcharge or parking fee
price schedule which -will generate sufficient funds to cover attendant and shuttle.
bus service costs. Fee parking is to be in effect for high -parking demand days
only. r.
16
Action Step 4.1.5: Construct Frontage Road sidewalk from the Village Structure
and improve sign system as necessary to accommodate pedestrian traffic to Ford
Park.
Policy Statement 12: Adequate parking for the needs of the park are to be
provided in the park and at the Village Structure.
4.2: Improve vehicular access from the South Frontage Road and improve parking lot
design to maximize the number of parking spaces, aesthetics, and safety while mitigating
environmental impacts.
Action Step 4.2.1: Design and construct improvements to the South Frontage
Road to meet CDOT requirements for obtaining a state highway access permit.
Action Step 4.2.2: Design and construct improvements to all existing parking
areas that maximize the number of parking spaces; provide landscape buffering
and treatment of storm water run-off.
Goal #5:
Improve internal pedestrian circulation within Ford Park and the pedestrian
connections between Ford Park and Vail Village.
Objectives:
5.1: Improve directional and informational signs to and within Ford Park.
Action Step 5.1.1: Develop a comprehensive sign plan to direct Ford Park
visitors from central sites in the Vail Village and from each level of the Village
Parking Structure to destinations within Ford Park.
5.2: Improve pedestrian routes to Ford Park.
Action Step 5.2.1: Design improvements to existing pedestrian routes that will
correct grading, surfacing, and lighting and will provide resting and sitting areas.
5.3: Improve internal pedestrian circulation within Ford Park.
Action Step 5.3.1: Design a central pedestrian path to enhance the connection
between the upper and lower bench areas of the park.
Policy Statement 14: Any uses added to Ford Parkin the future shall be
structured to encourage users or participants to walk or ride the bus rather than
drive.
Policy Statement 15: Pedestrian access to the Park from the Vail Village should
17
be easy and visible. The Park shall be as pedestrian -friendly as possible.
Goal #6:
Delineate financial responsibilities among Ford Park leaseholders and the Town of
Vail.
Objectives:
6.1: Formalize existing division of facility management/operation costs.
Action Step 6.1.1: Research current lease, license and use agreements for
delineation of financial responsibilities.
Action Step 6.1.2: Correct inequities in utility billing procedures and distribution
systems, current utility use, and payment relationships.
Policy Statement 16: All Ford Park leaseholders and the Town of Vail shall be
required to share in common operating costs that benefit the whole park facility
and as outlined in current lease or license agreements. These include but are not
limited to, electrical charges for pedestrian path and parking lot lighting, trash
removal charges, and regular parking lot and pedestrian path maintenance costs.
6.2: Create a cost-sharing agreement for Capital Improvement costs.
Action Step 6.2.1: Create a five year capital improvements program for Ford Park.
Action Step 6.2.2: Establish the benefit/cost relationship for capital projects to
determine appropriate cost sharing agreements.
Policy Statement 17: Ford Park leaseholders and the Town of Vail desiring to
make capital improvements within their respective lease areas shall be required to
provide funding for those improvements and for subsequent modifications to
those areas outside of the lease area caused by those improvements.
Policy Statement 18: Services, functions, and programs provided by Ford Park
leaseholders, by bringing visitors to the community, generate sales tax revenues
which contribute General Fund funding sources. Residents of the community
which participate in those programs, contribute to the Real Estate Transfer Tax
funding source through real estate transactions. Both of these funding sources can
be utilized by the Town of Vail to pay for capital projects and improvements
within Ford Park, reducing the need for contributions from the leaseholders.
Section 6: Illustrative Plan Components.
This section contains the maps and drawings necessary to illustrate the physical aspects
and relationships of the plan. There are 7 plan sheets at a scale of V = 50'. The Index
sheet orients each plan sheet to the overall park layout. A 24" x 36"' plan sheet at
1 "=100' is included in the back of this document.
The following text for each of the 7 plan sheets offers a written description of the
improvements illustrated. These drawings and descriptions are intended to illustrate the
concepts of the improvements only and are not considered to be final construction
documents.
Sheet 1: Streamwalk and West Access Road Improvements.
Streamwalk.
Regrade eastern 370' of path to reduce existing slope of 15% to a maximum of 4.5%.
Construct approximately 320' of 8' maximum height retaining wall. Replace existing
vandal -prone path lights with a more vandal -resistant fixture. Install benches at 150'
intervals to provide sitting and resting places.
West Access Road.
Reduce width of road entrance from South Frontage Road from the existing 50' to 10' to
reduce visual significance of this entrance. Install an automated traffic control gate.
Control gate to be hand-held opener operated on the Frontage Road side and automatic
loop operated on the park side. The gate is to function as an exit only gate in conjunction
with the East Access Road. Install additional landscape plantings and directional and
park entrance signs. Install benches at 150' intervals to provide sitting and resting places.
South Frontage Road Walk Path.
Construct 12' concrete pedestrian/bike path along south edge of roadway from Vail
Valley Drive to the West Access Road entrance. Path will be separated from the roadway
by 6" curb and gutter. Construct left-hand turn lane and right-hand turn traffic island at
South Frontage Road and Vail Valley Drive intersection. Install additional path lights as
necessary.
Sheet 2: Ballfield and Circulation Route Improvements.
Pedestrian Path.
Extend pedestrian/bike path beyond West Access Road as 10' detached pathway. Widen
path between softball infields and extend beyond the Tennis Center to'the proposed main
park entrance. Install 300 feet of highway guardrail along South Frontage Road to protect
bleachers and spectators adjacent to softball fields.: Install additional path lights as
necessary.
19
Softball Field and Path:
Remove existing paved parking area and move eastern softball field approximately 30'
north. Construct an 8' paved pedestrian path around the east and south sides of the
eastern softball field to connect to the existing concrete path from the playground area.
Install additional path lights and benches as necessary. Install directional signs at all path
intersections. Install additional landscape plantings east and south of ballfield as a
landscape buffer.
Sheet 3: Bus Stop / Main Entrance Improvements.
South Frontage Road Improvements:
Widen South Frontage Road to provide 6' bike lanes on each side, two 12' through lanes,
12' east bound right-hand turn lane, and 16' west -bound left-hand turn lane. Construct
curb and gutter on both sides of the roadway. Construct raised, landscape median islands
where possible to reduce the quantity of paved surface and to delineate travel lanes. (See
typical cross section of median island). The turning and travel lanes indicated are in
accordance with Colorado Department of Transportation (CDOT) highway access code
requirements. Obtain Highway access permit form Colorado Department of
Transportation.
Bus Stop/Drop-off.
Construct dedicated bus stop lane, accessed by an enter only drive cut from the South
Frontage Road. This drive will also provide access to 15 dedicated drop-off parking
spaces directly across from the Tennis Center entrance. Install additional landscape
plantings to buffer and screen parking areas from the roadways.
Main Park Entrance.
Construct Main Park Entrance drive with one entrance and two exit lanes. Install main
park entrance sign and landscape plantings at this location. Install directional signs at all
pedestrian paths and intersections. Install pedestrian and roadway lights as required.
Tennis Court Relocation.
Remove eastern court from existing bank of 4 courts. Construct new court on the western
end of the existing bank of 2 courts. Excavation of the existing berm and relocation of
water meter pits will be required.
Sheet 4: Parking Area improvements.
Parking Lot.
Construct 7 disabled accessible parking spaces along east side of Tennis Complex.
Expand area of existing gravel parking area by constructing two sets of tiered 4' retaining
walls. Revegetate hillside with native wildflowers and shrubs. Construct 194 space
paved parking lot with curb and gutter and landscape islands. Install storm water
filtration system to clean water before discharge into Gore Creek. A total number of 209
parking spaces are indicated on this plan, an increase of 10 spaces. Install landscape
20
plantings along Frontage Road and south edge of parking lot to screen and buffer parking
area from adjacent roadways .and neighborhoods. Install parking lot lighting as needed.
Central Trash Enclosure.
A central trash enclosure is shown at the southwest corner of the parking lot. This is
intended to be a fully enclosed building which contains a trash dumpster or compactor
unit. All leaseholders will utilize the central enclosure to dispose of trash generated at
each facility. No trash truck traffic will be allowed into the park.
Sheet 5: Manor Vail Entrance Improvements.
Manor Vail Walkway.
Repair existing brick and concrete walkway as needed. Install Ford Park Entrance signs
at intersection for walkway and Vail Valley Drive and at right-hand tum to the Manor
Vail Bridge. The second entrance sign should be located where it is clearly visible from
the walkway.
Manor Vail Bridge.
Increase the deck height of the Manor Vail covered bridge by approximately 4'. This is
accomplished by removing the bridge from its footings intact, pouring an additional 4' of
wall on the existing concrete footings, and resetting the bridge. Any structural
improvements can be made to the bridge at that time. The 4' increase in elevation will
allow the walks approaching the bridge form both directions to be reconstructed at lower
grades. Replace existing pedestrian lights with vandal -proof fixtures. Install benches at
approximately 150' intervals to provide sitting and resting places.
Sheet 6: East Access Road Improvements.
Access Gate.
This entrance is intended to function as the primary service vehicle entrance to the Lower
Bench. Install Automated traffic control gate at Intersection with parking lot. Gate will
be hand-held opener operated on the parking lot side and roadway loop operated on the
park side. This will be an enter and exit access point. Reconstruct existing access road to
a 15' width at a maximum of 7.9% slope. Construct approximately 160' of 8' maximum
height retaining wall along uphill side of the road. Install benches at approximately 100'
intervals to provide sitting and resting places. Install additional path lights and directional
signs as needed.
Amphitheater loading Dock..,
Construct an additional 12' x 35' loading bay on the south side of the amphitheater to
accommodate performance deliveries. The additional loading bay will reduce vehicle
traffic during peak park use times and reduce the need for parking outside the managed
amphitheater area.
21
Sheet 7: South Entrance Improvements.
Soccer Field Parking.
Improve the Soccer Field parking lot driveway entrance and restripe the existing lot to
maximize the number of parking spaces. The Soccer Field lot is noted as the future site
of the Alpine Garden Foundation=s Education Center pending development review
process approval.
22
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Section 7: Capital Improvements Plan for Ford Park.
This section outlines a five to ten year plan for making physical improvements to the
park. The final list of projects will be reviewed and coordinated with Ford Park
leaseholders, and adjacent property owners and must be validated through open public
participation. Ford Park projects and improvement costs are eligible for Real Estate
Transfer Tax funds and grant funding through Great Outdoors Colorado.
Preliminary list of proiects:
1. Streamwalk reconstruction.
2. Streamwalk path light installation.
3. Directional sign package design and installation.
4. Additional site furnishings installation.
5. West Access Road control gate installation and landscaping.
6. South Frontage Road pedestrian/bike path construction.
7. Relocate eastern softball field.
8. Internal pedestrian path construction.
9. South Frontage Road accel/decel lane construction.
10. Relocate tennis court.
11. Bus stop, parking lot, and main entrance improvements construction.
12. Central trash enclosure design and construction.
13. Manor Vail walkway repair and sign installation.
14. Manor Vail bridge and path reconstruction.
15. East Access Road improvement construction.
16. East Access Road control gate installation.
17. Amphitheater loading dock design and construction.
18. Athletic Field parking lot improvement construction.
19. Nature Center trail reconstruction.
23
r
Section 8: Appendix.
This section contains copies of the following pertinent legislative and legal documents
concerning Ford Park.
Legislation:
X Ordinance 6, Series of 1973. Acquisition of Antholz Ranch.
X Resolution 1, Series of 1977. Property named Gerald R. Ford Park.
X Resolution 19, Series of 1985. Adoption of 1985 Master plan.
X Resolution 27, Series of 1987. Preservation of Nature Center.
X Resolution 44, Series of 1988. Master plan amendment.
X Resolution 46, Series of 1988. Approving VRD Lease.
Legal Documents:
X Vail Recreation District Lease, 1989
X Amendment to VRD Lease, 1990
X Vail Recreation District Lease, 1993
X Vail Valley Foundation Agreement, 1987
X Letter extending VVF Lease, 1991
X Letter extending VVF Lease, 1994
X Manor Vail Easement Agreement, 1991
X Manor Vail Easement, Eagle County record, 1991
X Vail Alpine Garden Foundation License Agreement, 1994
Other Documents:
X Ford Park Amphitheater Parking and Transit Study, 1979
X Open house presentation information, 1996
X Focus Group questions, 1996
• Focus Group responses, 1996
X Public input session comments, 1996
24
RESOLUTION NO. 14
SERIES OF 1997
A RESOLUTION APPROVING AND ADOPTING
THE AGREEMENT FOR MUTUAL AID.
WHEREAS, the Town of Vail, other municipalities, and Special Districts desire to aid
and assist each other by the exchange of services and equipment for the purposes of preserving
the health, safety and welfare of their inhabitants; and
WHEREAS, the danger of fire and other catastrophe to the public welfare knows no
jurisdictional boundary; and
WHEREAS, the Colorado General Assembly has authorized such intergovernmental
mutual aid agreements by the provisions of Section 29-1-203 and 29-5-101 through 29-5-109
C.R.S.; and
WHEREAS, the Colorado General Assembly has encouraged local and interjurisdictional
disaster planning in the provisions of Section 24-32-201, the "Colorado Disaster Emergency Act
of 1992"; and
WHEREAS, the Vail Town Council recognizes that through greater cooperation and
mutual aid, alljurisdictions may have greater resources available to aid their community in time
of disaster.
that:
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado
The Town of Vail hereby adopts the attached Agreement for Mutual Aid and
directs that all documents necessary for execution by the Mayor and/or Town Manager shall be
so executed.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this�5l0( day of June, 1997.
c r
Ro ert W. Armour, Mayor
ATTEST:
�Qwae
Holly L. McCutcheon, Town Clerk
CIRESOLU97.14
RESOLUTION NO. 15
SERIES OF 1997
A RESOLUTION ADOPTING THE CONTRACT BETWEEN
THE COLORADO DEPARTMENT OF TRANSPORTATION AND
THE TOWN OF VAIL FOR FUNDING FOR THE
WEST VAIL ROUNDABOUT PROJECT.
WHEREAS, the State of Colorado for the use and benefit of the Colorado Department of
Transportation has authority to budget appropriate and otherwise make available funds in fiscal
years 2002 through 2005 toward the costs of the West Vail Roundabout project; and
WHEREAS, the Town has embarked upon and is working towards completion of the
interchange improvements.
that:
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado
The Vail Town Council authorizes the Town Manager to enter into the contract
which is attached hereto as Exhibit A, which creates the obligation of the Colorado Department
of Transportation to repay the Town for costs advanced by the Town, up to the amount of $3
million, subject to the annual budgeting of such funds by the Transportation Commission.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPT D this/9G day of August, 1997.
Robert W. Armour, Mayor
ATTEST:
U�4. Widdat-yt_
Holly L. McCutcheon, Town Clerk
CARESOLU97. f 5
r
C 0702-212 (11992)
WEST VAIL INTERCHANGE 97 HA3 01069
Vail/Region 3 (TDR)
CONTRACT
THIS CONTRACT, made this day of , 1997, by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State or CDOT, and the TOWN OF VAIL, 75
South Frontage Road, Vail, CO 81657, FEIN: 840571385, hereinafter referred to as the Local
Agency or the Town,
WHEREAS, authority exists in the law and it is the intent of CDOT, subject to the conditions
set forth hereinafter in this agreement, to budget, appropriate and otherwise make available a
sufficient balance in the fiscal years 2002 through and including 2005 for payment of the Local
Agency in Fund 400, Approp. Code 010, Proj. No. 11892, (Anticipated Contract Encumbrance
Amounts: $300,000.00 in FY2002, and $900,000.00 each FYS 2003, 2004, and 2005) ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the Town desires to improve the West Vail Interchange before the 1999 World
Alpine Ski Championships; and
WHEREAS, the Town has estimated the total cost of the interchange improvements,
hereinafter referred to as "the work", to be $6,000,000.00; and
WHEREAS, CDOT, as evidenced by Transportation Commission Resolution TC -519 a copy
of which is attached hereto and incorporated herein as Exhibit C, desires to contribute 50% of the
cost of the work, not to exceed $3,000,000.00, but will not have any funds available until fiscal year
2002 (FY2002) at the earliest: and
WHEREAS, CDOT anticipates that, subject to the availability of funds and Transportation
Commission budgeting and approval, it will be able to repay the Town up to $300,000.00 in
FY2002, and $900,000.00 in FY2003, another $900,000.00 in FY20004 and a final payment of
$900,000.00 in FY2005: and
WHEREAS, the Town recognizes and accepts the fact that future CDOT repayment of 50%
of the cost of the work, not to exceed $3,000,000.00, is contingent upon the availability and
budgeting of such funds by the Transportation Commission for repayment and that the State shall
have no obligation to repay any funds advanced by the Town for the costs of the work unless and
until funds are budgeted and made available by the Transportation Commission for that purpose;
and
WHEREAS, the Town is willing at this time to advance the full $6,000,000.00 to accelerate
the performance of the work; and
WHEREAS, the Town's willingness to provide itg share of the costs of the of the work, and
to advance the $6,000,000.00 estimated cost of the work is evidenced by an appropriate ordinance
or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy
of which is attached hereto and made a part hereof as Exhibit A; and
WHEREAS, said ordinance or resolution also establishes the authority under which the Local
Agency enters into this contract; and
WHEREAS, this contract is executed by the State under authority of Sections 2443-1-106,
43-1-110, 43-1-201 et seq., 43-2-104.5, and 43-2-144 C.R.S., as amended; and
WHEREAS, the parties hereto now desire to agree upon the division of responsibilities for
the work; and
WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and
satisfactorily carry out its responsibilities under this contract.
NOW, THEREFORE, it is hereby agreed that:
�••• •• r•_.� r•
"The project" or "the work" under this contract shall consist of the design and construction
by the Town of Vail of improvements to the West Vail Interchange on 1-70, said work being
more fully described in Exhibit B, which is attached hereto and made a part hereof.
-2-
II. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency through the State's Region
Transportation Director, CDOT Region 3, 222 South 6th Street, # 317, Grand Junction,
Colorado 81501, (970) 248-7225. Said Director will also be responsible for coordinating the
State's activities under this contract.
B. CDOT shall provide the Town with a prompt review of the Town's design plans for the
interchange improvements and shall coordinate the FHWA's review of the plans for the
work.
C. CDOT, contingent upon Transportation Commission approval, shall furnish 50% of the cost
of the work not to exceed $3,000,000.00 according to the following repayment schedule --
$300,000.00 in FY 2002, $900,000.00 in FY2003, $900,000.00 in FY2004, and $900,000.00
in FY2005. The obligation of CDOT to repay the Town for costs advanced by the Town, up
to the amount of $3,000,000.00, is expressly subject to the availability and budgeting of such
funds by the Transportation Commission, and the State shall have no obligation to repay the
Town unless and until the Transportation Commission authorizes and budgets such funds.
D. CDOT shall seek approval of funding from the Transportation Commission for the work in
FYS 2002, 2003, 20004 and 2005 respectively in the amounts previously set forth.
E. CDOT shall review the construction plans, special provisions and estimates for the work and
shall indicate those changes, if any, necessary to assure compliance with federal and State
requirements.
F. CDOT shall perform a final project inspection prior to acceptance of the work as a Quality
Control activity.
III. TOWN COMMITMENTS
A. The Town shall advance all funds necessary for the performance of the work, which the
Town has estimated will cost $6,000,000.00.
B. The Town shall not bill CDOT for repayment of such expenses until after the beginning of
the State's 1998 fiscal year, i.e. after July 1, 1997.
-3-
C. The Town shall acquire all rights of way necessary for the work and shad take full
responsibility for ensuring proper site drainage and all utility adjustments needed for the
work.
D. The Town shall advertize and, subject to CDOT concurrence, shall award the construction
contract for the work.
E. The Town shall ensure that the construction contract for the work with its contractor(s)
incorporates CDOT's Standard Specifications for Road and Bridge Construction as a
standard for performance of the work.
F. The Town shall submit its design plans for the work to CDOT and the FHWA for approval
of compliance with geometric, structural and signing standards.
G. The Town shall take full responsibility for maintenance and traffic control during
construction of the work.
IV. GENERAL PROVISIONS
A. Notwithstanding anything herein to the contrary, the parties understand and agree
that all terms and conditions of this contract and attachments hereto which may
require continued performance or compliance beyond the termination date of the
contract shall survive such termination date and shall be enforceable by the State as
provided herein in the event of such failure to perform or comply by the Local
Agency.
B. This contract is subject to such modifications as may be required by changes in
federal or State law, or their implementing regulations. Any such required
modification shall automatically be incorporated into and be part of this contract on
the effective date of such change as if fully set forth herein. Except as provided
above, no modification of this contract shall be effective unless agreed to in writing
by both parties in an amendment to this contract that is properly executed and
approved in accordance with applicable law.
C. To the extent that this contract may be executed and performance of the obligations
of the parties may be accomplished within the intent of the contract, the terms of this
-4-
contract are severable, and should any term or provision hereof be declared invalid
or become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term
hereof shall not be construed as a waiver of any other term, or the same term upon
subsequent breach.
D. This contract is intended as the complete integration of all understandings between
the parties. No prior or contemporaneous addition, deletion, or other amendment
hereto shall have any force or effect whatsoever, unless embodied herein by writing.
No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a written contract executed and approved
pursuant to the State Fiscal Rules.
E. This contract may be terminated as follows:
(a) Termination -for Caug, If, through any cause, the Local Agency shall fail to
fulfill, in a timely and proper manner, its obligations under this contract, or if the
Local Agency shall violate any of the covenants, agreements, or stipulations of this
contract, the State shall thereupon have the right to terminate this contract for cause
by giving written notice to the Local Agency of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of such
termination. In that event that the contract is terminated for cause the Local Agency
shall reimburse the State the entire amount paid to the Local Agency for the project
in a lump sum payment made within thirty (30) days of the termination.
Notwithstanding above, the Local Agency shall not be relieved of liability to the
State for any damages sustained by the State by virtue of any breach of the contract
by the Local Agency.
If after such termination it is determined, for any reason, that the Local Agency was
not in default, or that the Local Agency's action/inaction was excusable, such
termination shall be treated as a termination for convenience, and the rights and
obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein.
-5-
(b) Termination for Convenience. The State may terminate this contract at any time
the State determines that the purposes of the distribution of funds or performance of
State services under the contract would no longer be served by completion of the
project. The State shall effect such termination by giving written notice of
termination to the Local Agency and specifying the effective date thereof, at least
twenty (20) days before the effective date of such termination.
(c) Termination Due to Lou gf Funding, The parties hereto expressly recognize
that the Local Agency is to be paid, reimbursed, or otherwise compensated with
funds which are available to the State for the purposes of contracting for the project
,provided for herein, and therefore, the Local Agency expressly understands and
agrees that all its rights, demands and claims to compensation arising under this
contract are contingent upon availability of such funds to the State. In the event that
such funds or any part thereof are not available to the State, the State may
immediately terminate or amend this contract.
F. Except as herein otherwise provided, this contract shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
G. This contract shall become "effective" only upon the date it is executed by the State
Controller, or designee. The term of this contract shall begin on the date f rst written
above and shall continue through the completion and final acceptance of the work by
CDOT and the Local Agency.
H. The State's Special Provisions are attached hereto are hereby made a part of this
contract. For the purposes of the Special Provisions the Local Agency shall be
referred to as the contractor. In the event of any conflict between the Special
Provisions and the provisions of this contract the Special Provisions shall have
priority.
I. It is expressly understood and agreed that the enforcement of the terms and
conditions of this contract, and all rights of action relating to such enforcement, shall
be strictly reserved to the parties hereto, and nothing contained in this contract shall
give or allow any such claim or right of action by any other or third person on such
S.
contract. it is the express intention of the parties that any person or entity other than
the parties receiving services or benefits under this contract be deemed to be an
incidental beneficiary only.
J. The Local Agency assures and guarantees that it possesses the legal authority to enter
into this contract. The Local Agency warrants that it has taken all actions required
by its procedures, by-laws, and/or applicable law to exercise that authority, and to
lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the
Local Agency warrants that they have full authorization to execute this contract.
K. Pursuant to C.R.S. 24-30-202.4 (as amended), the State Controller may withhold
debts owed to State agencies under the vendor offset intercept system for: (a) unpaid
child support debt or child support arrearages; (b) unpaid balance of tax, accrued
interest, or other charges specified in Article 22, Title 39 C.R.S.; (c) unpaid loans due
to the student loan division of the department of education; (d) owed amounts
required to be paid to the unemployment compensation fund; and; (e) other unpaid
debts owing to the State of any agency thereof, the amount of which is found to be
owing as a result of final agency determination or reduced to judgment as certified
by the Controller.
-7-
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first above written.
ATTEST:
By
Chief Clerk
ATTEST: (SEAL)
By _
Title
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
Executive Director
DEPARTMENT OF TRANSPORTATION
TOWN OF VAIL, COLORADO
By
Title
Federal Employer Identification
Number: 840571385
Ef
EXHIBIT C
TRANSPORTATION COMMISSION OF COLORADO
FEBRUARY 20, 1997
The Ninth Supplement to the Fiscal Year 1997 budget was then
considered. -The adjustments are contained in the briefing
memorandum as published on pages 41 through 43 of the official
agenda. Specifically, Mr. Talmadge noted that money is being
combined for a Bridge Replacement project on State Highway 35 for
$2.7 million with $700 being advanced from the bridge replacement
program and $2 million from the surface treatment program. Also,
$3,590 was requested to cover an uncollectible debt from the City
of Brighton.
Commissioner Morrison pointed out a mistake in the briefing memo
that $366 thousand instead of $366 was being requested for
machine natchina in the Colorado Srrinas area.
Other program advancements were $1.3 million for construction
costs for noise walls along State Highway 6 from the Noise
Barrier Program and $48 million for reconstruction on Interstate
70 West.
Mr. Talmadge said the Town of Vail wants to improve the West Vail
Interchange for the World Alpine Ski Championships. Therefore,
the request is to program 50 percent of the costs through the
Statewide Transportation Improvement Program, not to exceed $3
million for advanced construction, to be repaid by CDOT to the
Town of Vail through the Region 3 allocation no sooner than 2002
and no later than 2005.
Commissioner Stuart moved for adoption of the supplement and the
West Vail Interchange amendment, seconded by Brigden.
Commissioner Buescher commented that the action, in essence,
essentially provides for a $6 million project for a $3 million
investment over the fiscal year period of 2002-2005 period. In
response to a concern about obligating future Commission's
budgeting authority,.Executive Director Vidal stated the project
is being advanced through interest-free inflation costs and will
benefit the State. Chairman Padmore called for the question and
on a motion by Stuart seconded by Brigden and a vote of the
Commission the following resolution was unanimously adopted.
RESOLUTION NUMBER TC -519
BE IT HEREBY RESOLVED, that the Ninth Supplement to the
Fiscal Year 1997 budget be approve by the Transportation
Commission.
1007
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year art: contingent upon funds for that purpose being appropriated, budgeted.
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
road. bridge. viaduct, tunnel. excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included
in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to he done or fails to pay any person who supplies rental machinery, tools. or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims
damages, liability and court awards including costs, expeases, and attorney fees incurred as a result of any act or omission by the contractor, or its employees
agents, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
S. The contraetcr agrees to comply with the lencr and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law mspecting
discrimination and unfair employment practices (CRS 24-34402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16.
1975. Pursnanr thereto. rhe following provisions shall be contained in all State contracts or sub -conn -acts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex,
marital status, religion, ancestry. mental or physical bandiop, or age. The eoonracmr will take affuntl6ve action to insure that applicants ate
em we treed durin tn employed, and that
employ= g earpioyts>et>t, without regard w the above mentioned dtar�mrisdcs. Such action snail irtclttde, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruionent advettisings. lay-offs or terminadottr rates of pay or other forms of cmupenszcim and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer Bening forth provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to rate, creed, color, national origin, sex, marital status, religion; ancestry, mental or physical handicap, .
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order. Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16. 1975, and by the rules, regulations and Orders of the Governor. or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin. or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder, or attempt, either directly
or indirectly. to commit any as defined in this contract to be discriminatory.
Form 6 -AC -02B
Revised 1/93
395-53-01-1022
pa, -c,.-]— of 2 pagc�
(g) In the event v. the contractor's non-compliance with the non-discrimtdaion clauses of this contract or with any of such rules, .cgulazions. or orders,
this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations. or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(h7 The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by
rules. regulations, or orders issued pursuant to Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions. including sanctions for non-compliance: provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
ha. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undenaken hereunder and
are Financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarde3 to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from
a state or `i-rcign country equal to the preference given or required by the ;tate or foreign country in which the non-resident bidder is a resident. [fit is determined by
the off icer responsible for awarding the bid that compliance with This ,uhsecuon .00 stay eau>c denial of federal funds which would otherwise be av2ilable or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102)
GENERAL
7- The laws of the State of Colorado and rules and regulations issued pursuant thereto shat) be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra -judicial body or person or which
is otherwise in conflict with said laws, rules. and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by referptrce
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint.
defence. or otherwise. Any provision -tendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all -applicable federal and state laws, rules, and regulations that have
been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8-301. et. seq., (Bribery and Corrupt Influences) and CRS 18-8-40I, et. seq., (Abuse of Public Office).
and that no vioWion of such provisions is present.
10. The sitnatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
7(Full
S WHEREOF. the parties hereto have executed this Contract on the day first above written.
Name) STATE OF COLORADO
ROY ROMER, GOVERNOR
By
•sEXECLMVE CrDR
Position (Title)
Social Securgy Nomeer or Federal 1.D. Noinim DEPARTMENT
If Corporation:) OF
Attest (Seat)
By
Corporate Seeroary. or Equivalent, TornKiry my Clerk
APPROVALS
ATTORNEY GENER CONTROLLER
EY By
Form 6 -AC -02C Page _Z. which IS th< kasr ui? pages
btcvmcd Il93
395-53.01-1030
RESOLE`' ON NO. 16
SERIES OF 1997
A RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE EAGLE COUNTY SCHOOL DISTRICT RE 50J AND
THE TOWN OF VAIL TO SECURE SEASONAL HOUSING
FOR THE BENEFIT OF EMPLOYEES
WHEREAS, the School District and the Town wish to secure seasonal housing for the
benefit of their individual employees; and
WHEREAS, it has been determined that a joint effort would maximize the number of
housing units that could be made available; and
WHEREAS, the Town has determined that the provision of housing for the benefit of its
employees is an appropriate, necessary, and valid public purpose; and
WHEREAS, the School District and the Town believe that through joint participation
they can more effectively fulfill their individual goals of providing housing for employees; and
WHEREAS, this Agreement provides that each party thereto shall be responsible for the
costs incurred for housing its individual employees.
that:
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado
The Vail Town Council hereby adopts the Intergovernmental Agreement attached
hereto as Exhibit A, and directs the Town Manager to enter into said agreement.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of September,
1997.
�,ti�Itlll�7r�lrgjri7
.�o1q bert W. Armour, Mayor
ATTEST: SEAL
�pr7irllrlurltilliul
Lori Aker, Acting Town Clerk
C:1RESOLU97.16
INTERGOVERNM—STAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT is made this day of
, 1997, between the Eagle County School District RE 50J ("School District")
and Town of Vail, Colorado ("Town") collectively referred to as parties.
WHEREAS, the School District and the Town wish to secure seasonal housing for the benefit
of their individual employees; and
WHEREAS, it has been determined that a joint effort would maximize the number of
housing units that could be made available; and
WHEREAS, the School District and Town have both determined that the provision of
housing for the benefit of their employees is an appropriate, necessary and valid public purpose; and
WHEREAS, the parties wish to allow for their joint participation pursuant to the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the
sufficiency of which is mutually acknowledged, the parties agree as follows:
1. Master Lease Agreements. The parties have the authority pursuant to this Agreement
to enter into Master Lease Agreements. Such agreements shall be between the owners of residential
rental property who will be known as "Landlords" pursuant to such agreements and the parties to
this Agreement who will be referred to as "Resident". Such individual Master Lease Agreements
will be for such terms as are appropriate based upon the needs of the parties to this Agreement but
in no event for a term longer than one year which can be renewable.
2. Sharing Qf Cost. At the time of entering into any Master Lease Agreement each parry
will identify the number of rental units for which it is responsible. Each party shall be individually
responsible for all costs associated with their units and shall be free to sublease those units pursuant
to whatever terms and conditions it determines in its sole discretion are appropriate. Any
administrative costs that result from this Agreement shall be borne equally by the parties hereto.
3. Term of the Agree int. This Agreement shall be in full force and effect upon the
execution of the Agreement and shall continue in full force and effect through August 15, 1998.
Exhibit A
1
Thereafter this Agreement shall automatically renew for successive one year terms unless it is
terminated pursuant to the terms of paragraph 4.
4. Termination. Either parties participation in this Agreement may be terminated by
written notice from such parry to the other party at least 60 days prior to August the 15th of any
given year which termination will take affect at the end of August 14th. Termination of any party's
participation in this Agreement shall terminate all unaccrued obligations of the terminating party
unless such party has agreed to any such liability but the parties will be responsible for any debt
incurred prior to termination, even if not payable until after termination.
5. Liability: Insurance. The parties and their governing bodies, employees and duly
designated representatives shall not be personally liable for any acts performed or omitted in good
faith during the scope of their duties pursuant to this Agreement. Each party to this Agreement shall
provide its own public liability and property damage insurance coverage as it may deem necessary
for any potential liability arising from this Agreement.
6. Indemnification. To the extent permitted by law, the School District and the Town
shall indemnify and hold harmless each other in connection with claims, losses, damages, liabilities,
and law suits to the extent they arise from, or are alleged to have been raised from, negligent acts
solely in connection with their respective performance under this Agreement and/or use of any
residential property leased or occupied pursuant to this Agreement. In no event shall any party be
liable to another party for any indirect, special, incidental or consequential damages for any reason
whatsoever.
7. Amendment and Waiver. No amendment of this Agreement shall be valid unless
such modification is in writing and signed by the parties. No waiver of any provision of this
Agreement shall be valid unless in writing and signed by the person or party against whom charged.
8. Compliance with Laws. This Agreement and the parties actions under this
Agreement shall comply with all federal, state, and local laws, rules, regulations, court orders and
governmental agency orders in existence at the time of execution of this Agreement, and as may be
amended from time to time.
9. Severability. If any of the provisions of the terms and conditions contained herein
shall be held to be invalid or unenforceable in any jurisdiction which these terms and conditions
F
apply, such invalidity or unenforceability shall not invalidate or render unenforceable any other term
or condition, but rather these terms and conditions shall be construed and enforced accordingly.
However, in the event such provision is considered an essential element of these terms and
conditions, the Parties shall promptly negotiate a replacement thereof.
10. No Grant of Right to Third Party. This Agreement does not and shall not be deemed
to confer upon nor grant to any third party any cause of action, right to sue, or allow any claim
against any party because of any services provided hereunder or any breach hereof or because of any
terms, covenants, agreements or conditions contained herein.
11. Whole Agreement. This written Agreement, incorporating its attachments, embodies
the whole agreement between the parties hereto, and there are no inducements, promises, terms,
conditions or obligations made or entered into by any party other than those contained herein.
12. Assignability. This Agreement shall be binding upon the respective parties hereto,
their successors and assigns, and may not be assigned by anyone without the prior written consent
of the other parties hereto.
13. Notice. Notice hereunder shall be given by United States Mail to the address of the
entity as set forth herein, said notice being deemed received three days after mailing.
IN WITNESS HEREOF, the parties hereto have caused their respective names and seals to
be affixed hereto, as of the day and year herein above set forth.
Robert W. McLaurin, Town Manager
Attest:
Lori Aker, Acting Town Clerk
EAGLE COUNTY SCHOOL DISTRICT RE 50J
LE
Don Marks, President
ATTEST:
F'Aschooldi,agl
3
INTERGOVERNMENTAL A M
THIS INTERGOVERNMENTAL AGREEMENT is made this .97 day of
,1997, between the Eagle County School District RE 50J ("School District")
and Town of Vail, Colorado ("Town") collectively referred to as parties.
WHEREAS, the School District and the Town wish to secure seasonal housing for the benefit
of their individual employees; and
WHEREAS, it has been determined that a joint effort would maximize the number of
housing units that could be made available; and
WHEREAS, the School District and Town have both determined that the provision of
housing for the benefit of their employees is an appropriate, necessary and valid public purpose; and
WHEREAS, the parties wish to allow for their joint participation pursuant to the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the
sufficiency of which is mutually acknowledged, the parties agree as follows:
1. Master Leasg Agreements. The parties have the authority pursuant to this Agreement
to enter into Master Lease Agreements. Such agreements shall be between the owners of residential
rental property who will be known as "Landlords" pursuant to such agreements and the parties to
this Agreement who will be referred to as "Resident". Such individual Master Lease Agreements
will be for such terms as are appropriate based upon the needs of the parties to this Agreement but
in no event for a term longer than one year which can be renewable.
2. Sharing of Cost. At the time of entering into any Master Lease Agreement each party
will identify the number of rental units for which it is responsible. Each party shall be individually
responsible for all costs associated with their units and shall be free to sublease those units pursuant
to whatever terms and conditions it determines in its sole discretion are appropriate. Any
administrative costs that result from this Agreement shall be borne equally by the parties hereto.
3. Term of the Agreement. This Agreement shall be in full force and effect upon the
execution of the Agreement and shall continue in full force and effect through August 15, 1998.
1
Thereafter this Agreement shall automatically renew for successive one year terms unless it is
terminated pursuant to the terms of paragraph 4.
4. Termination. Either parties participation in this Agreement may be terminated by
written notice from such party to the other party at least 60 days prior to August the 15th of any
given year which termination will take affect at the end of August 14th. Termination of any party's
participation in this Agreement shall terminate all unaccrued obligations of the terminating party
unless such party has agreed to any such liability but the parties will be responsible for any debt
incurred prior to termination, even if not payable until after termination.
5. Liability: r n . The parties and their governing bodies, employees and duly
designated representatives shall not be personally liable for any acts performed or omitted in good
faith during the scope of their duties pursuant to this Agreement. Each party to this Agreement shall
provide its own public liability and property damage insurance coverage as it may deem necessary
for any potential liability arising from this Agreement.
6. Indemnification. To the extent permitted by law, the School District and the Town
shall indemnify and hold harmless each other in connection with claims, losses, damages, liabilities,
and law suits to the extent they arise from, or are alleged to have been raised from, negligent acts
solely in connection with their respective performance under this Agreement and/or use of any
residential property leased or occupied pursuant to this Agreement. In no event shall any party be
liable to another party for any indirect, special, incidental or consequential damages for any reason
whatsoever.
7. amendment and Waiver. No amendment of this Agreement shall be valid unless
such modification is in writing and signed by the parties. No waiver of any provision of this
Agreement shall be valid unless in writing and signed by the person or party against whom charged.
8. CQmnliance with Laws. This Agreement and the parties actions under this
Agreement shall comply with all federal, state, and local laws, rules, regulations, court orders and
governmental agency orders in existence at the time of execution of this Agreement, and as may be
amended from time to time.
9. Severability. If any of the provisions of the terms and conditions contained herein
shall be held to be invalid or unenforceable in any jurisdiction which these terms and conditions
2
apply, such invalidity or unenforceability shall not invalidate or render unenforceable any other term
or condition, but rather these terms and conditions shall be construed and enforced accordingly.
However, in the event such provision is considered an essential element of these terms and
conditions, the Parties shall promptly negotiate a replacement thereof.
10. No Grant of Right to Third Party. This Agreement does not and shall not be deemed
to confer upon nor grant to any third party any cause of action, right to sue, or allow any claim
against any party because of any services provided hereunder or any breach hereof or because of any
terms, covenants, agreements or conditions contained herein.
11. Whole Agreement. This written Agreement, incorporating its attachments, embodies
the whole agreement between the parties hereto, and there are no inducements, promises, terms,
conditions or obligations made or entered into by any party other than those contained herein.
12. Assignability. This Agreement shall be binding upon the respective parties hereto,
their successors and assigns, and may not be assigned by anyone without the prior written consent
of the other parties hereto.
13. Notice. Notice hereunder shall be given by United States Mail to the address of the
entity as set forth herein, said notice being deemed received three days after mailing.
IN WITNESS HEREOF, the parties hereto have caused their respective names and seals to
be affixed hereto, as of the day and year herein above set forth.
TOWN OF VAIL
By:
W. McLaurin, Town Manager
Attest: "a (&'
Lori Aker, Deputy Town Clerk
EAGLE COUNTY SCHOOL DISTRICT RE 50J
By:
Don Mark resident
ATTEST:
--a-6m� A&
F A&chooidi,xgi
3
RESOLUTION NO. 17
Series of 1997
A RESOLUTION DESIGNATING AN ADDITIONAL SIGNER ELIZABETH
PINSON AND REMOVING SIGNER KELLY MACRAE ON AN IMPREST
CHECKING ACCOUNT FOR LIBRARY DEPOSIT TRANSACTIONS FOR
THE TOWN OF VAIL, PERMITTED BY THE CHARTER OF THE
TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF
COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions for funds of the Town; and
WHEREAS, the Town wishes to designate Elizabeth Pinson as a
signer on this account.
WHEREAS, the Town wishes to remove Kelly Macrae as a signer
on this account.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:
1. Elizabeth Pinson is designated as a signer for the
existing imprest library checking account for the funds of the
Town of Vail.
2. Kelly Macrae is hereby removed as a signer for the
existing imprest library checking account for the funds of the
Town of Vail.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND OPTS 2nd day of
December 1997.
Robert E. Ford, Rvor
A'ItTES
L el i Donaldson, Town Clerk