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HomeMy WebLinkAbout1999 Resolutions• fit RESOLUTION NO. 1 SERIES OF 1999 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: 1. 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 l is . day of January, 1999. ATTEST: 1 r Lo e1ei Donaldson, Town Clerk C:\RESOLU99.1 Ro.ert E. Ford, Mayor • RESOLi1'i'.ION NO. 2 SERIES OF 1999 A RESOLUTION CONSENTING TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE. WHEREAS, there presently exists a cable television franchise agreement between the Town of Vail and TCI Cablevision of the Rockies, Inc. made and entered into the 5th day of January, 1995; and WHEREAS, the grantee of that franchise agreement is Cablevision VI, Inc., d/b/a TCI Cablevision of the Rockies, Inc., a subsidiary of Telecommunications, Inc.; and WHEREAS, effective June 23, 1998, Telecommunications, Inc. and AT&T Corporation signed a Merger Agreement, under such terms, that AT&T will become the parent company of TCI, which will continue to exist as a corporation and a wholely owned subsidiary of AT&T; and WHEREAS, the cable television franchise between the Town of Vail and TCI Cablevision of the Rockies, Inc. will continue to be held by the current franchisee; and WHEREAS, Section 8-5-49 of the Town Code of the Town of Vail requires the Town's consent for the sale or transfer or change in control of the franchisee. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. Upon consideration of the application by Telecommunications, Inc., parent of the franchise holder, Cablevision VI, Inc. for the assignment or transfer of control of the cable television franchise, the Town Council finds that the legal, financial character and technical qualifications of the merged corporations are satisfactory. 2. The Town Manager is hereby authorized and directed to execute all documentation necessary to formalize the Town of Vail's consent to the application. 3. This resolution shall take effect immediately upon its passage. INTRODUCEDfi ,,READ,,APPROVED AND ADOPTED 's .-? -c ay of January, 1999. ATTEST: 6.216' Lorelei Donaldson, Town Clerk C:SRESOLU99.2 Robe E. Ford, Mayor RESOLI ON NO. 3 SERIES OF 1999 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT EXTENDING THE PRESENT FRANCHISE WITH HOLY CROSS ENERGY. WHEREAS, the Town of Vail, by Ordinance No. 49, Series of 1978, as amended by an agreement entered into with the Holy Cross Electric Association, Inc. dated March 2, 1981, entered into a Franchise Agreement which expires on February 28, 1999; and WHEREAS, the Town of Vail through its Town Manager has been negotiating with Holy Cross Energy as to the terms and conditions appropriate for granting a franchise to Holy Cross Energy upon the expiration of the present Franchise Agreement. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager is hereby authorized to enter into an agreement with Holy Cross Energy extending the present Franchise Agreement which expires on February 28, 1999 for a period not to exceed ninety (90) days. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this /0 day of February, 1999. ATTEST: J,.,lumrnirrrr.q��`' s, OF %; C OL OR kr. %�!!f!1!llilNlli4td. ' Donaldson,1Town Clerk C:IRESOLUS9.3 Robert E. Ford, Mayor RESOLUTION NO.4 SERIES OF 1999 A RESOLUTION ADOPTING THE MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT. WHEREAS, on October 15, 1991 an Intergovernmental Agreement was entered into by and between the Town of Vail, the Town of Avon, the Eagle -Vail Metropolitan District, the Berry Creek Metropolitan District, the Beaver Creek Metropolitan District, the Arrowhead Metropolitan District, and Eagle County, Colorado, which created an independent governmental entity known as the Eagle County Recreation Authority; and WHEREAS, the Authority is an independent governmental entity separate and distinct from each of the parties; and WHEREAS, the Authority is the fee simple owner of a 105 acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Berry Creek Fifth Filing; and WHEREAS, the Authority's parcel of real property is immediately adjacent to a 109 acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Miller Ranch which is owned in fee simple by the Eagle County School District; and WHEREAS, the Authority and the District have negotiated an Intergovernmental Agreement which provides for joint planning of the adjacent parcels and the conveyancing of parcels between the two entities to allow for the highest and best use of the real property; and WHEREAS, the Miller Ranch -Berry Creek Intergovernmental Agreement has been approved by the Authority Board of Directors. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves the Miller Ranch -Berry Creek Intergovernmental Agreement, as attached hereto as Exhibit A, by and between the Eagle County Recreation Authority and the Eagle County School District. 2. The Town of Vail representative on the Eagle County Recreation Authority is hereby authorized to execute any agreements necessary to effectuate the entering of the Miller Ranch -Berry Creek Intergovernmental Agreement. 3. This resolution shall take effect immediately upon its passage. • INTRODUCED, READ, APPROVE AND ADOPTED this ATTEST: ei Donaldson, Town Clerk C:IRESOLU99.4 day of March, 1999. obert E. Ford, Mayor l.. Cu�;L: unu+rpt'.s, RECEIVED FEB 1 8 199i• Eagle County 'creation Authority Date: February 17, 1999 To: MEMORANDUM Eagle -Vail Metropolitan District Beaver Creek Metropolitan District Arrowhead Metropolitan District Berry Creek Metropolitan District Eagle County Commissioners Tom Moorhead, Town of Vail Bill Efting, Town of Avon From: Connie Bullard Re: Miller Ranch -Berry Creek Intergovernmental Agreement Attached is the final Miller Ranch -Berry Creek Intergovernmental Agreement. This Agreement has been approved by the Recreation Authority Board of Directors and is being sent to each member entity for its approval. The Recreation Authority is requesting that each member entity adopt a motion approving this Agreement and authorizing an officer of your entity to execute this agreement on behalf of your organization. Administrative Management Provided By: Robertson & Marchetti, P.C. P.O. Box 600, Edwards, CO 81632 Phone (970) 926-6060 — Fax (970) 926-6040 •LLER RANCH -BERRY CREEK iltERGOVERNNIENTAL AGREErIIIT 1. PARTIES. The parties to this Miller Ranch -Berry Creek Intergovernmental Agreement (Agreement) are the EAGLE COUNTY RECREATION AUTHORITY, a quasi- municipaI corporation of the State of Colorado (Authority), and the EAGLE COUNTY SCHOOL DISTRICT RE -50J, a public school district of the State of Colorado (District). 2. RECITALS AND PURPOSE. The Authority is the fee simple owner of a 105 -acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Berry Creek 5th Filing and which is depicted on the attached EXHIBIT A. The legal description: of the Authority's real property is set forth on the attached EXHIBIT B. The District is the fee simple owner of the adjacent 109 -acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Miller Ranch and which is depicted on the attached EXHIBIT A. The legal description of the District's real property is attached as EXHIBIT C. As of the date of this Agreement, the Authority has allowed a portion of the property to be utilized as an equestrian center. The District has constructed Berry Creek Middle School on a portion of its real property and is leasing other portions of its real property to Stevens Home Care, Inc., J.T. Berga Company, Inc., and an existing residence to an employee of the District. The balance of the parties' respective real property is undeveloped. Prior to the signing of this Agreement, the parties determined that it was in their respective interests, and in the best interest of the public, to engage in joint planning for their respective real property to ensure that the entire 214 -acre parcel (Property) is utilized in the most appropriate manner possible. Accordingly, through a joint planning process with significant public input and involvement, the parties have developed the Concept Plan which is attached to this Agreement as EXHIBIT D. The purpose of this Agreement is to reflect the agreement of the parties that Miller Ranch and Berry Creek 5th Filing will be planned as if the two parcels were one and in accordance with the terms of this Agreement. Now, therefore. in consideration of the mutual promises contained in this Agreement, the parties covenant and agree to the terms and conditions set forth in the following paragraphs. 3. JOINT PLAN FOR DEVELOPMENT. The parties agree that the entire Property shall be utilized by the respective parties in accordance with the designations set forth on the Concept Plan attached -to this Agreement as EXHIBIT D: In fulfillment of such agreement, the parties agree as follows: 3.1 Conveyancing/Timing. The conveyancing referred to in Paragraphs 3.2 through 3.5 below shall be accomplished by general warranty deeds conveying fee simple title to the respective parcels involved, free and clear of all liens and encumbrances and subject only to easements, restrictions and rights-of-way of record, if any, but not including appurtenant water rights. Upon one party's request for a conveyance of the other party's real property to the requesting party, the remaining conveyances referred to in this paragraph 3 shall occur. The parties further agree that the timetable on which one party develops the parcels which it now owns, or may own in the future, is independent of the timetable on which the other party develops the parcels it now owns, or may own in the future; provided, however, that the conveyance of any Parcel from one party to the other party will trigger conveyances of all other parcels. 43.2 School Facility.. Upon thellistrict's written request, the Authoritllees to convey Parcel A to the District for construction of a school and related facilities. A school facility may include a high school, or the development of a magnet school or other type of learning center provided that the primary purpose of such facilities is to provide education for the citizens of Eaale County on Parcel A. The District further agrees that if it constructs a high school on the Property, it will be located on Parcel A. 3.3 Recreational. Upon the Authority's written request, the District agrees to convey to the Authority that portion of Parcel 3 which is owned by the District to the Authority for use for recreational facilities and activities as described in paragraph .7 below. 3.4 Housing. Upon the Authority's written request, the District agrees to convey to the Authority that portion of Parcel 2 which is owned by the District for use for housing as described in paragraph 7 below. 3.5 Open Space. Upon the Authority's written request, the District agrees to convey to the Authority Parcels 4 and 5 for open space and passive recreational activities. Parcels 4 and 5 shall be maintained in a predominantly undeveloped condition. Development on Parcels 4 and 5 shall be Iimited to trails, any bridges which may be necessary for such trails, picnic facilities, restrooms and trailhead parking. The parties further acknowledge and covenant that Cemetary Road is currently located on Parcel 5 and nothing in this Agreement shall restrict the future maintenance, upgrading or expansion of this road. 4. EASEMENT AND RIGHT-OF-WAY. By that certain Conveyance of Easement recorded on February 20, 1992 in the real property records of Eagle County Colorado in Book 573 at Page 262, the Authority conveyed a non-exclusive, perpetual easement across its property to the June Creek Ranch Company. Thereafter, by Quit Claim Deed recorded as Reception No. 549209 on October 21, 1994 in Book 653 at Page 173, June Creek Ranch Company quit claimed such easement to the District. Effective upon the execution of this Agreement, and the parties' joint determination of the exact location and legal description of the easement, the Authority agrees to execute and to deliver to the District for recording that certain Deed of Perpetual Non - Exclusive Easement described on the attached EXHIBIT E. The District and the Authority agree to construct a road on such easement to be known as the Miller Ranch Road, and to make improvements to the intersection of the Miller Ranch Road and the Edwards Spur Road, pursuant to the terms and cost sharing arrangements which will be contained in a separate agreement. 5. CONSULTATION WITH OTHER GOVERNMENTAL ENTITIES. The parties have been consulting with the appropriate officials of Eagle County, Colorado (County), the Western Eagle County Metropolitan Recreation District (WECMRD), the Berry Creek Metropolitan District, and the Edwards Metropolitan District regarding the parties' joint development of the Property. The parties agree to continue with such consultations and agree to cooperate with other governmental entities to ensure compliance with Colorado law and the applicable rules, regulations and policies of such entities to the extent that such rules, regulations and policies are applicable to the parties as political subdivisions of the State of Colorado. 6. BOUNDARY LINE CONFLICT. As shown on Exhibit A, the parties acknowledge that there is a conflict between the Authority's easterly boundary line and the District's westerly C_'CUE NYSIElECSOUGA•£ACLE CY REC & DISTRICT•FINAL OF 10.000 2 bourn line which will be resolved at the tithe District conveys portions of Pard' and 3 to the Authority. 7. ACREAGE, USE AND OWNERSHIP. The Parties agree that their respective parcels of real property which total approximately 214 acres will be subdivided into 13 separate parcels as described below: Parcel Approx. Acres Anticipated Use Present Ownership Future Ownership A 25.0 School Facility Authority District B 11.0 School Facility District District C 12.0 Middle School District District D 14.0 Housing District District E 7.0 School Facility District District F 8.0 Alternative Use District District Road Public Road Auth./Dist. Eagle County 1 21.0 Multiple Use Authority Authority 2 16.0 Housing Auth./Dist. Authority 3 41.0 Recreational Use Auth./Dist. Authority 4 14.5 Open Space District Authority 5 22.5 Open Space District Authority 6 5.55 Multiple Use Authority Authority Total 197.5 The acreage of individual parcels are approximate and subject to refinement during the formal subdivision of the Property. The total acreage of individual parcels indicated above is 197.5 acres and the total acreage of the entire Property is 214 acres. This discrepancy is because portions of the Property, such as areas of steep slope, are not included within individual parcels, and further because the number of acres required for the Public Road depicted on EXHIBIT D has not yet been determined. The parties agree that, in the future, their respective needs may change and that, prior to conveyancing the size and configuration of the above-described parcels may need to be adjusted. In such event, and upon written request, the parties agree to negotiate in good faith concerning such matters. The parties further agree that with proper planning and design the anticipated uses of the Property are compatible. The parties agree to consult with each other prior to the development of any Parcel. The purpose of such consultation is to ensure site specific design and development is responsive to existing and anticipated uses on surrounding Parcels. Anticipated uses provide a general indication of the future use of each parcel. With the exception of use restrictions outlined in paragraphs 3.2 and 3.5 above, nothing in this Agreement shall bind each party to the anticipated uses outlined above and further described below: G"CLIENTSIESECS3 GA -EAGLE CY REC & DISTRICT -FINAL OF 10 DOC 3 *Multiple Use: Open space, recreaS, equestrian center, utility facility Pother use consistent with the future needs of the Authority. Alternative Use: Education facilities, administrative offices, transit/maintenance facilities and other uses consistent with the future needs of the District. Recreational Use: Indoor or outdoor recreational facilities or programs including, but not limited to, ball fields, courts, pools, ice rinks, trails, and related facilities. Housing: Single-family, duplex, town home, condominium or apartment dwelling units subject to such conditions and restrictions as may be developed by either party. School Facility: A school which contains classrooms, offices, gymnasiums, etc.; as well as any other type of learning center, the primary purpose of which is to provide education for the citizens of Eagle County. 8. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement., including, but not limited to, the following: 8.1 Design and cost sharing agreement for the construction of Miller Ranch Road, including such Road's intersection with the Edwards Spur Road, as referenced in paragraph 4 above. 8.2 Design and cost sharing agreement(s) for the construction of infrastructure necessary to develop the Property. 8.3 Joint use agreements for athletic fields, playing fields, recreational facilities, gymnasiums and the like. 8.4 An agreement between the parties concerning irrigation operations and maintenance matters which is based upon the respective amount of ground which each party irrigates. 8.5 Agreements concerning services provided to the Property by several special districts. 8.6 The legal descriptions for the Miller Ranch Road and for all parcels. 8.7 Upon execution of this Agreement, the parties will mutually determine the scope, nature and extent of review of their development plan required by law and Eagle County regulations and will pursue the required procedures. 9. WATER RIGHTS/IRRIGATION. Each party shall retain its respective water rights independent of the conveyance of any Parcel. Nothing in this Agreement shall prevent either party from modifying the Howard Ditch, provide such modifications do not limit or adversely impact the use of said ditch by the other party. G:1CL18NTS1EIECSCAMA•EAGLE CY REC 8 D STRICT•FINA. OF 1O,OOC 4 10. •OVENANTS RUNNING WITH Te LAND. The parties agree that this 1eemerit shall be recorded; that the covenants set forth in this Agreement shall run with the land; and that the covenants set forth in this Agreement shall survive any conveyances made by one party to the other party pursuant to the terms of this Agreement. 11. CONSULTATION. The parties acknowledge that, over the term of this Agreement, issues will arise concerning implementation of this Agreement which the parties have not now contemplated. Recognizing that a high level of cooperation between the parties is necessary and desirable, the parties agree to consult with each other from time to time. concerning implementation of this Agreement and further agree that their respective representatives will meet to conduct such consultation upon ten days written request given by one party to -the other party. In addition, each party shall from time to time designate in writing such party's "contact person" for all matters involving the administration of this Agreement. 12. DISPUTE RESOLUTION. If, following the consultation required by Paragraph 11 above and good faith efforts on the part of both parties to resolve any disputes regarding this Agreement a dispute still exists, the parties agree to submit such dispute to non-binding mediation. If the parties fail to reach a settlement of their dispute within 30 days after the earliest date upon which one of the parties has notified the other party of its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to non-binding mediation by a single mediator provided by the Judicial Arbiter Group (JAG) of Denver, Colorado, any successor to JAG, or any similar provider of mediation services which is able to furnish a former judge to conduct such mediation if JAG or a successor to JAG is no longer in existence. If, following such mediation .process, the parties' dispute still exists, the parties shall have the right to pursue any other remedies provided under Colorado law. 13. TERM. The term of this Agreement shall commence on the date set forth below and shall end on June 30, 2020, or until all conveyances (including those with deed restrictions) contemplated by this Agreement whichever event occurs first. Thereafter, the parties contemplate that intergovernmental agreements addressing any remaining or ongoing management issues will be entered into between the parties. 14. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the prior written consent of the parties. I5. NOTICES. 15.1 Notices. Every notice and other communication required or permitted under the terms of this Lease, shall be in writing and shall be deemed properly given if sent by registered or certified mail, postage fully prepaid, addressed to the Party to .be given such notice or other communication and, when so addressed, shall be deemed to have been properly served, valid and sufficient for all purposes hereof, 72 hours after being deposited in a United States Post Office. 15.2 Addresses. All notices and other communications to the parties shall be mailed to their respective addresses as indicated below: GACLIENT5lE1EC5011GA•EAGLE CY RFC 5 D15TRICT•PINAL OF 10.0OC 5 a. Authority: Eagle flinty Recreation Authority c/o Town of Vail 75 South Frontage Road Vail, Colorado 81657 b. District: and Eagle County Recreation Authority c/o Robertson & Marchetti, P.C. 28 Second Street, Suite 213 P.O. Box 600 Edwards, Colorado 81632-0600 Eagle County School District RE -50J Attention: Superintendent P.O. Box 740 Eagle, Colorado 81631 and Eagle County School District RE -50J c/o Daniel F. Bernard, Esq. Bernard, Lyons & Gaddis, P.C. P.O. Box 978 Longmont, Colorado 80502-0978 The parties reserve and shall have the right to change from time to time their said respective addresses for the purposes of this Agreement. Every such change of address shall be by notice in writing given in the manner described in Paragraph 15.1 above. 16. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 17. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 18. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. 19. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 20. SEVERABILITY. If any provision of this Agreement is declared to be invalid, void or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be G.SCLIEr TS5EIECSMIGA•EAGLE CY REC 8 CISTRICT•FINAL OF 10.000 6 sever., and all other provisions of this Ailment shall remain fully enforceabl Ind this . Agreement shall be interpreted in all respects as if such provision were omitted. 21. DATED. , 1999. EAGLE COUNTY SCHOOL DISTRICT RE -503 By President, Board of Education P.O.Box740 Eagle, Colorado 81631 (970) 328-6321 (970) 328-1024 (Fax) ATTEST: Secretary EAGLE COUNTY RECREATION AUTHORITY By President 75 South Frontage Road Vail, Colorado 81657 (970) 949-4020 (970) 476-7325 (Fax) ATTEST: Secretary G.%CLIENTS\E1ECSD\IGA•EAGLE CY REC 8 DISTRICT•FINAL OF 19.DOC 7 STIIIE OF COLORADO ) COUNTY OF EAGLE ) • The foregoing Agreement was acknowledged before me this day of 1999, by , as President, and by Secretary, of the Board of Education of Eagle County School District RE -50J. Witness my hand and official seal: My commission expires: STATE OF COLORADO ) COUNTY OF EAGLE Notary Public . as The foregoing Agreement was acknowledged before me this day of 1999, by , as Chairman, and by as Secretary, of Eagle County Recreation Authority. Witness my hand and official seal, My commission expires: G,\CLIENTSNE\ECSO IGA-EAGLE CY REC d OfSTRICT-FINAL OF 1U.DOC Notary Public 8 e EXHIBIT c TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT ✓Gry_- .. _�. G.10ca-e: -._ Scut'-. 1/2 C= Sc: ^ n 2 eant =r1,7- L.-- - -r 1/2 C= Cir O= 4,Townshio 5 COs -.r Rance 82. i`IS_ v_7- Mer=c.EaCe Co.-yColorado , _-.rc 7 -..a -"--'=-,y C ---.SC" _ -tea NOr.._:e_1 V ?= C F-Wa' C= a-. -e'" Ra__=OcC. and c' _- -.,� :'a.'I?; G:=.r.. -.�O G='c.._... v`ir..� r3TC Southwest. CO•�e« O_ Car--'i^;+e ^.. �_•e, - .=-' Ci. 3 _rcm which __. 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J «. -. t �= 1 C t -: O� 132.37 ' e...CE a_o c a curve to the _ ,-4cht arc - 1 ..,.- i a 3 6"" -ms's �. - n r c e s....- C - w a ;aCL.s C� _ 1787.00 - d_-- a Continued on next pace Page 1 of 7 EXHIBIT C TO MILLER RANCH -BERRY CREEK INTERGGOVERN,MENTAL AGREEMENT 13'5,":0 --_ es: _,._- ' _ the East _!2 c ce^a - -_cm:.:__nterstate 70 . c._-c=-Wav , and cc..._ui.c a_c•- `r -:a center section line 01 d. c eeS 5.' 0 " 'W ==re,C section line 6� =n ens_ 0.=.' . ' r _'r E 76 .=3y=e"_; 07 G"r yes` W 1109.48 feet; no' a��.. �..._V- tor. _:.ez an arc 1e 8th Q- 60.70 0 few... _. W_ - G-.,...... .. of +' .".,C ti feet a . a central a .ale cf 0.. L.=_rr -s 5E113" :c a DC:.___ ._ the west'line of the ^Eas` 1/2 cf Sectio. 4; _ o "e ca- s ^- cr lire S 0 decrees 23'01" W 5`�G t=.._t a cc_._�cn e_^_�-40_` e,=Y Right -of -Way of The_ G,_.ce Wes:__:: Ra . r ad Rich--of-Way; - 4 ::_ ,s.,-tian Tire and contiZL:.in G . Ncrtheriv ?a__rca. Ri __-C=-Wav along a curve tc _I:e -c of 800.23 =ce: w radius cf 185..6E ;ee- ~a:..cle cf 24 G�_"'ee5 39'08"; G^...._..._y�l �36y-'ecrees 37'3E" _ 1977.70 feet to a paint on the East c? L... c._O:'c. G.,.. th=, Ra___cac « ' C t -of C_ decrees 5 50.15 fee: =c 77'h Point Of Secinninc. _X..._7 - _,t.., -777.=.-.=:1-..CM t.."SH=ON TRA= located in the s:: -e5= Q'arz' ecf '114C'-' 3, an.. the Southeast Quarter cf c=--- '— 4, �-cw ;5. __ 5 Scut_., R_nce 82 west of he S-= r Me"_ Sac, e County, Colorado, mare Da,ticC '_ac!y ==.-s-- '.-.4,' as 'allows: EeC' i C a: b=ass ca =r^•,% w: ' c! ' e Southeast C:= ter cf `a, cn c years S 01 c�-- s Qf€ '' 2,041.07 feet; thence 89 d.-ees ';7'27° W 59.50 zee: t.at�a cat; -.....=..--. N 02 d. ,---.. s 13'18' 5 60.02 zee: to a Ic asst cap; -- ,-,-,-= N 89 dacr=.es 42'25" E 59.23 =e.?t t0. a brass -cap; _ !-?...-n- c 02 C•''" .C.=e5 04' 0E" W59.82 e. _et To The Pcr'nt•CD= ;17qC -'l.• E =iN 71----47F?OY. "CE.' =-7R " ccatec in l..?e Slouwest Q'.:arte_ Ct Via,._ ., : 3 , a ::.. : e Southeast Qu' arse, cf C - - i c-,' .. Tcwnshic 5 Scut, Rance 82 nes: of the Sixt.= =_. c` ^a1Me_' d an � Eac e C.c ._'_v , yCol Craac, rcwe Da=t_cu! ar y Ceic:: eG as =c'! ows . Ilec4 r_ _n az a fence __a,:. wh 'h the Cc e, cf Sectio _ 4 hears S C. G'_-�s 22'18" W 915.22 feet; fence l N 02 de&rees 25 r E2 rr 402.42 fee: Page 2 of 7 • EXHIBIT c TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT o a e •-• a =.-- r 7 ▪ ^ 1 C . I 8 v .. .. .. thence 5 02 Gn''"ngS 21'29" W .34 �eec Cc a o a !� :4©, AG No=y-•-nGs 43'8E" W1t .36 �ae Tc -7,h= • 777.77-1-7-7R-_. 1'......- - .. `. . THE G =-1.7. .T rhe -Ease=?_io- Pia: recorded 9epc_=ber 21, 1994, ac,.c-1.7. � �o � `,�, r tic. �45�98 Svok 650, a: Page 659, as :t ptic . ?Q_ • rce - C . _ r- ed i r -:,e 5o ^. - /2 cf far-= Q+i 4, M a �' • ; �: , 5 -South 'Ce 82 'Nes`. Q` ; at SixtPra c: Gl _ ' Co 1 cr- o, more particularly descr e cie County, as -..-.�cSti . c_ thg, est ? _: e cy q'''4017 n on t_r:a --- 3a . a, ' e w^ver ..rom w:,3Ci- t: e ScL C eases. Corer cf =C-^__ a ;{ ea `:'S 07 d crees 25'4";" W 372.44. _ea-; a���.+ 1c CJ the Scup.:- `B'aak cf the Eaci e River N 74 Gar s 05100" i'•f 133.6= ee ; -o^ceC 6 ,�---��$ 20'00" W 119.00 F=1"; V..pr`e 5 ` C•=rY�'SGs 45'00" W. 221.40 =ge'-; thence Cnr-.-ry^'-C from the Sc_':.:Sank cf the Eac1 e River • 21 decrees 10'24 W 75.00 feet; thga`a 5 74 decrees 5E/36" FY 159.94 feet; ;encs N 14 decrees 25,24" W 110.20 feet; that e ;T 77 Cec;ees 7'35' Y 145.00 :ee-; . t-- thence 20 17'2=" W 73.10 fee: to a cit cm the 5cut-. a ^i;, -e_ -Play cf 'The Deaver and Rio Grande Wester"'' Raiff cam; degrees 37'3o'u thence aic yC' the Railroad Right-cf-Way N 86 deg_ .72 fees. to a Doi.-.. o, the East line of Section 4; th-n^ ^a D t i C y: a Ra^, =ca= : t-c--'V•Ia'v' and ;� C:.`. . me ^G t e East -1 .'...i-ec fC•� 4 5 01de_rees 25'43" W 16E-59 tea= land d ! cc...:ed _-- the South 1/2 7 Section 3, ow'nshiP Rance- 82 Wes: cf t:_. S_:C'-- firm a JtMeridia-! , Cade Dada Page 3 of 7 • EXHIBIT C TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT Ccloracc,Ga~ bed as fc__cws . • ci .4 c-• a.: 5 u_he_! v Richt-Of-Way of _ _e C ...a=_rear and on tz' r _ ^a:::{ of • •- _ _Cc:. Gv..: _. Y�S�.:thwesz. Corney o= Cir' C n 3 �'v_ c -r 1C : --,•'a- 23' .. E" W 500.52 feet; 7 ~may ^'n -of-Wav N 66 decrees cn- 27• '26" E 6.0 . 63 c feet;v a_�e �C . ^� left an a_ '_": t le C- - 609 . ,y cf 29G4.79 feet and a ceC_a_ ancie - yc~'ees 47' 00" ; � N 74 ���-rias 50'36" E 205.3.52 �.o a to_.,.. cn .n, `._h_ -e West .e^. :i:: as- 1/4 Sect_c - 3; a_- c:Cr seCc_C1"= N 00 G -C=s 45' ▪ II 7 gg CZ .... ape....; _ CC::- .: �. :'-.. _ _ rc� .e a .- a•- sect=c% 1'i r.e arc. - . L c .C� Ra rc d - '-c. .P(aV^N 7= 48'41" E 235.93 �erG� oy 444.01 ='-n- a cu. -v.. tc =_� an arc -- - c_ 1752.60_;et and a centras anc`e cf 19 a=" ----.,s 2r 0 II ..:.a-. �n a ^7'—"va cc r .- '. . an arc. z - 4 then a rad" Ys c= 5. , 9 .70y-eet and a ce _c=a1 a: c 1 e oc 03 ypG-_ J rY_ ..-. G , 3011 . _ s c a / ,? 4- e richt a.• a r C 7 e; C ,•, .^ c_ 715.25 a _ce �._c. C a �_ � __ 20 s o Y905 �0 �ee aid Ce^.Crag a�lcie c'_ �ti�..2C 3" ❑cam cin the West line ne ate. the `East 1/2 �ar+vaaC -.2' �� `-c a ... .. ..- .. Southeast 1/4 Sec~_c n 2; ^n e d art±. "rem e P.- ~'^a Right -et -Way and ._c n _ , 4r�s� _e c_ the East 1/2 Southeast 1/4 C^:=_cr. 3 a 00 y �-- !2. 00 zee: o `.-^.e NorC,; 3a_nk of q=1- 4 Cn 3 �S decrees 27'59" W '1e I e R ver , Sciu� S` t -e .cap--arcn_f 'rc,,: _e rlesz 147.= cfth "asp. 1/2 e `�~Sect4 e 3 and~cc._=_n�:-i_C along theNorth Ea?LC cf the Eagle .._'vnr N 59 Car-•aas 45'46" 17'43" ' 46" ',;i 193.28 -eez; • 1y'60 Gar 17' 43" Snj 196.15 feet; 5 65 C'ac- =e"S 21'49" W 41_.02 Fee=; e _ce S 69 55'22" W 254.10 feet; N 75 decrees 51'32" W 102.35 fee-; 5 22 decr==s ^Ell W 326.27 feet; ^d _e 5 55 decrees 44'10" W 255.99 `n'; N 04 cede=_s 5.9'42" W 432.05 tee` ; - Scre� ; W : ^_'_ . 61 75 Ca S Con l I:e • C:1 :;ex= pa Je Page 4 of 7 • EXHIBIT C TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT N 79 de; ee5 86- 24106" W 54").07 5€'14'i W ;17._7 49'25" W 242.25 -ear; ce e 71 decrees 35'56" W 232.12 fee-_, ' :E djcr eS 051 32" W 2:12.04 = fee`.To R'';.J 7N , a ._v`-e:[o=�=s' a er;�etua'_ ease�en: rover, along and across j ex : `t " ...c road, coii.non Y known as "Graveyard a _d Road, be" --g ^e ess�__.a -,C -_ Creek Ranch, Piing No. 2, passing under and a� w�.s:nw Road _= Berry '� throL g the i _te state 70 right o way, and coC:C_nui g _mow` southerly e of :He eastern boundary line of the Green Tract, acid the extension L `1_ g between such road and the Green Tract for access and utility 52r-i-ce ,.o t.^.? Green Tract. COUNTY OF . OGLE STATE OF COLORADO Page 5 of 7 • EXH•rc TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT NOR T E? PARCFJ.: • That partion of the 200 foot wide rigrt-of-way of Southern Pacific Transportation Company located in the Southwest Quarter of Section 3, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the west line o: said Southwest Quarter of Section 3, from which the southwest corner of Section 3 bears S 02°04'33" W, 638.40 feet, said point being 50.00 fee: northerly, measured at right angles frorn•the center line of Southern Pacific Transportation; Company's main t=ack; thence N 02°04'33" E, along said West line of the Southwest Quarter of Section 3, a distance of 50.18 feet to the northerly right-of-way line of said 200 foot wide right- of-way; thence departing said West line and easterly along said northerly right-of-way line, being parallel and concennic with and distant 100.00 feet northerly, measured at rigs t anffles and radially from said center line, the courses and curvarure of said northerly right-of-way line as follows: N 87°16'26" E, 122.10 feet; 568.60 feet along the arc ofa curve to the left, having a radius of 2764.79 feet, a central angle of 11°47'00", and a long chord which bears N 81°22'56" E, 567.60 feet; and N 75° 29'26" E, 2110.57 feet to the east line of said Southwest Quarter of Section 3; thence departing said northerly right-of-way line, S 01°24'49" W along said east line, 52.00 feet to a line that is parallel and concentric with and distant 50.00 feet northerly, measured at right angles and radially from said center line; thence departing said east line and westerly along last said parallel and concentiic line, the courses and curvature thereof as follows: S 75°29'26" W, 2096.31 feet; 573.88 feet along the arc of a curve to the right, having a radius of 2814.79 feet, a cental angle of 11°47'00", and a long chord which bears S 81°22'56" W, 577.86 feet;. and S 87°16'26" W 126.30 feet to the Point of Beginning. This parcel contains 3.216 acres, more er less. Page 6 of 7 EX I IT C MILLER RANCH -BERRY CREEK "INTERGOVERNMENTAL AGREEMENT SOOT— oARC-7.a: portion: the 200 foot wider ?nt-c way of Southern Pacific Tran spertation Tharr c Company located in the Southwest Quarter cf Section 3, Township 5 South, Range 82 West of the SIxth Principal Meridian, Eagle County, Colorado, being, more particularly described as follows: Beginning at a point on the west line of said Southwest Quarter of Section 3, from which the southwest corner of Section 3 hears S 02°04'33" W, 487.86 feet, said point being 100.00 feet soot he: ly measured at r lg t angles from the center line of Southern Pacific Transportation Company's main track; thence N 02°04'33" E along said west line of the Southwest Quarter of Section 3, a distance of 50.17 feet to a line that is parallel and concentric with and distant 50.00 feet southerly, measured a: right angles and radially from said center line; thence deparina said west line and easterly along said parallel and concentric line, the courses and curvature thereof as follows: N 87°16'26" E; 134.70 feet; 599.45 feet along rhe arc of a curve to the left, having a radius of 2914.79 feet, a central angle of 11°47'00", and a lona chord which bears N 81°22'56" -, 598.39 feet; and N 75°29'26" E, 2067.73 feet to the east line of said Southwest Quarter of Section 3; thence departing said parallel and concentric line S 01°24'49" W along said east line 52.00 fee: to the southerly right-of-way line of said 200 foot wide right-of-way; thence departing said est line and westerly along said southerly right-of-way line, being parallel and concentric with and distant 100.00 feet southerly, measured at right angles and radially from said center line, the courses and curvature of said southerly right-of-way line as follows: S 75°29'26" W, 2053.51 feet; 609.73 feet along the arc of a curve to the right, having a radius of 2964.79 feet, a central angle of 11°47'00", and a long chord which bears S 81°22'56" W, 603.66 feet; and S 87°16'26" W, 138.90 feet to the Point of Beginning. This parcel contains 3.216 acres, mere or less. Page 7 of 7 i • • EXHIBIT E TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT For the reasons noted in paragraph 4, this Exhibit E will not be able to be prepared until the parties determine the exact location and legal description of the easeme f t, • RES UTION NO. 5 SERIES OF 1999 A RESOLUTION ADOPTING THE PLAN FOR AROSA/GARMISCH ANNEXATION, - AN AREA WITHIN THREE MILES OF THE TOWN OF VAIL BOUNDARY, BEING 2.66 ACRES MORE FULLY DESCRIBED AS AN UNPLATTED PORTION OF THE SE V4, SE '/, SE 'A, SW ' OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 81 WEST. WHEREAS, this 2.66 acres in the ArosalGarmisch area was acquired through -the -Land : Exchange pursuant to the Land Ownership Adjustment Agreement with the United States Forest Service; and WHEREAS, the ArosalGarrnisch annexation is consistent with the Comprehensive Open Lands Plan adopted by the Town of Vail; and WHEREAS, Section 31-12-105, Limitations, of the Colorado Revised Statutes requires that prior to completion of any annexation within the three mile area of the municipal boundary, the municipality shall have in place a plan for that area; and WHEREAS, this annexation is of unincorporated municipally owned land as described in Section 31-12-106. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. That the Vail Town Council hereby approves the plan for the Arosa/Garmisch annexation, an area within three miles of the Town of Vail boundary attached hereto as Exhibit A. 2. This plan readily describes the proposed location, character, and extent of the proposed land uses for this annexation as required by Section 31-12-105(1)(e). 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of April, 1999. ATTEST: • lorOei Donaldson, Town Clerk C:1RESOLU99.5 fj.' ✓f---� Ludwig Kurz,Maaor Pro -Tem • 1 • Plan for Arosa]tarmish Annexation An area within 3 miles of the Town of Vail boundary. This plan is intended to generally describe the proposed location, character, and extent of the proposed land uses for this annexation (see attached map). The area is intended to be utilized as a public neighborhood park with playground, paths and trails, open spaces, and other related public amenities. In addressing the state statutes, the following general use analysis is provided: • Streets No streets are planned for annexed area. • Subways No subways are planned for annexed area. • Bridges No vehicular bridges are proposed for the annexed area. Some minor pedestrian bridges may be constructed in conjunction with potential park/playground development. • Waterways No waterways are planned for annexed area. • Waterfronts No waterfronts are planned for annexed area. • Parkways No parkways are planned for annexed area. • Playgrounds A playground is planned for the a portion of the area being annexed. The area is intended to be developed as a neighborhood oriented park and playground with other ancillary uses. • Squares No squares are planned for annexed area. • Parks This area is intended to serve as a neighborhood park. • Aviation fields No aviation fields are planned for annexed area. • Other public ways The area may include pedestrian walkways, paths, and trails. • Grounds and Open Spaces The area is intended to be utilized as public land and includes some areas of open space. • Public Utilities The area is intended to be served by utilities and may contain easements and the like to serve uses on the site. • Terminals for water, light sanitation, transportation and power No such terminals are planned for annexed area. IIVAILIDATAleveryoneldom13mife.doc Exhibit A •Arosa/Garm isc+ Annexation SE 1/4 SE 1/4 SE 1/4 SW 114 of Section 11, Township 5 South, Range 81 West RESOLUTION NO. 6 SERIES OF 1999 A RESOLUTION ADOPTING A TWO-TIER SYSTEM OF QUALIFICATIONS FOR THE PURCHASE OF UNIT 36, EAST VAIL LODGING. WHEREAS, the Vail Town Council established a "buy -down" program as a viable affordable housing action which enables the Town, through individual unit purchase and price subsidy, to establish deed restricted affordable housing at a lower cost than new construction and integrate deed restricted housing throughout the community; and WHEREAS, the Town has purchased a unit located at 4093 Spruce Way in East Vail which is Unit 36 in the Vail East Lodging (a Condominium); and WHEREAS, this unit is subject to the rights of first refusal held by other condominium unit owners in the project; and WHEREAS, the Town of Vail, in order to create additional deed restricted affordable housing in the community, will subsidize a lower purchase price to individuals who qualify for the purchase of the property as deed restricted by currently owning no other real estate in Eagle County, utilizing the residence as an owner -occupied primary home, working in Eagle County a minimum of thirty (30) hours per week over the course of a year, and plan to continue working that same amount until the sale of the property or retirement and agree to a re -sale cap of three (3%) percent annual appreciation; and WHEREAS, the Town Council wishes to also make the unit available at fair market value rather than the subsidized purchase price, without any re -sale restrictions, and thereby honor the rights of first refusal under the terms of the condominium declarations so that anyone can qualify to purchase the unit without the deed restrictions or other qualifications. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, that: 1. A two-tiered system be developed to offer for sale Unit 36, Vail East Lodging, which will enable the purchase of the unit by a person qualified for deed restricted affordable housing or a purchaser not meeting those requirements at fair market value. 2, The terms and conditions of the offer to sell this property shall be subject to approval of the Town Manager and Town Attorney. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this «tG day of May, 1999. ATTEST: • .4'..4/3, o ti'ur oFrY9!J. et fi A ;EAL1 To I' rele Donaldson, Town Clerk C:IRESOLU99.6 Ludwig Kurz, IJ}layor Pro -Tem 110 RESOLUTION NO. 7 SERIES OF 1999 A RESOLUTION ADOPTING THE EAGLE COUNTY ANNUAL FIRE PROTECTION PLAN AND THE INTERGOVERNMENTAL MUTUAL AID AGREEMENT. WHEREAS, the Vail Town Council recognizes the need to effectively address wildfire protection and related services on a County -wide basis. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager is hereby authorized to enter into the 1999 Eagle County Annual Fire Protection Plan, attached as Exhibit A, and the Intergovernmental Mutual Aid Agreement, attached hereto as Exhibit B. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of June, 1999. ATTEST: rrelei 1 C:IRESOLU99.7 onaldson, Town Clerk Robert E. Ford, Mayor Apr��, 1999 INTERGOVERNMENTAL MUTUAL AID AGREEMENT 1999 THIS AGREEMENT, for wildfire protection and related services, (hereinafter referred to as "Agreement"), made and entered into this day of 19, by and between the County Eagle, State of Colorado, a body corporate and politic and the Towns of Avon, Minturn, Red Cliff, and Vail, State of Colorado respective Town Councils and the Fire Protection Districts of Eagle and Gypsum, by and through their respective Board of Directors, (hereinafter referred to as "the Parties") WHEREAS, it is recognized by the Parties to this Agreement that the public health, safety, and welfare of the inhabitants of their respective areas would be best served by providing the highest quality of back-up or adjunct services possible, should the need arise, and WHEREAS, each Party wishes to have the ability of securing the assistance of the other. In the event of an incident that renders itself incapable of being controlled by a single Party, a request for Mutual Aid assistance will be transmitted; and WHEREAS, each Party will in good faith, make an attempt to assist the other based on their needs and specific request; and WHEREAS, such intergovernmental mutual aid agreements are authorized and provided for by the provisions of Sections 29-5-101, et seq., and 29-1-201 et seq., respectively, C.R.S. NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto agree hereby as follows: ARTICLE I DEFINITIONS For purposes of this Agreement, the following phrases are defined as follows: 1.1 "Requesting Party": The party to this Agreement in need of and requesting fire fighting assistance within its jurisdiction. 1.2 "Assigned Party": The party to this Agreement rendering fire fighting assistance outside of its jurisdiction to the other party to this Agreement requesting the same. ASCLE II TERM AND TERMINATION 2.1 TERM.The initial term of this Agreement shall commence on the execution of this agreement by all parties hereto and shall end on December 31, 1999, unless sooner terminated as provided in Section 2.2 below. This Agreement shall automatically be renewed for successive one (1) year terms, beginning on January 1; 2000, a maximum of three times, (through 2002) unless notice of termination is given in writing by any Party to the others on an anniversary date of the Agreement, in which event this Agreement shall terminate on the next following anniversary date. 2.2 TERMINATION. Any time during the term of this Agreement, the Party aggrieved by a material breach may serve on the Party responsible for the breach, a written notice describing said breach. If the breach is not cured to the satisfaction of the other participating Parties, the aggrieved party may then serve on the responsible Party written notice of termination. Any Party may terminate this Agreement on thirty (30) days notice without cause, or immediately with cause. ARTICLE III OPERATIONAL PLAN 3.1 OPERATIONAL PLAN. The mutual assistance to be rendered under this agreement shall be available upon the development and approval by the parties hereto of an operational pian, hereinafter known as the Eagle County Annual Fire Protection Plan. The plan shall outline the exact procedure to be followed in responding to a request for assistance. Each party shall then designate an appropriate representative(s) within its jurisdiction who is/are empowered to request assistance under this agreement. 3.2 ANNUAL REVIEW OF OPERATIONAL PLAN. The parties shall meet at least annually to review and, if necessary, to propose amendments to the Eagle County Annual Fire Protection Plan. Any proposed amendments shall not be effective until approved in writing by the parties to this Agreement. ARTICLE IV EOUIPMENT 4.1 PURPOSE. It is the purpose of this article to indicate the equipment involved in a response as to its particular type, as well as the minimum amount to be sent to acknowledge a request. 4.2 RESPONSE FOR FIRE. Based on a Mutual Aid request for assistance as it applies to wildfire suppression, the following Parties agree to attempt to make available whatever is requested, and only based on availability (see 4.4). 4.3 SPECIALIZED EQUIPMENT. For the benefit of each Party, all Parties shall acknowledge special equipment that may be made available in the event of an out of the ordinary incident, and only based on availability (see 4.4). • . • 4.4 PRIMARY RESPONSIBILITY. Each Party understands that their primary responsibility will continue to lie within their normal jurisdiction, and in that capacity they retain the right to evaluate circumstances within their own area prior to answering a Mutual Aid request. This Agreement is not intended to hamper the normal operations of any of the Parties. 4.5 EQUIPMENT AND PERSONNEL USE RATES. Reimbursable manpower and equipment use should be recorded on the appropriate forms within seven days of said fire. Consumables will be reimbursed at cost. Times of use will be determined by shift records. All bills and reports for use of equipment and manpower will be sent to Eagle County Sheriffs Office, P.O. Box 359, Eagle, CO 81631. Equipment and personnel rates are as follows for: Aerial Pumper or Engine: Tender/Tanker: Brush Truck: Dept. Owned Pickup: Trained Fire Fighter: Rescue: Command Officer & Firefighter Rate: $400 an hour $250 an hour with Operator $200 an hour with Operator $100 an hour with Operator $75 an hour $35 an hour $250 an hour $35 an hour ARTICLE V RESPECT FOR JURISDICTION 5.1 CONSIDERATION. It is understood that responding Parties leaving their respective districts to assist with a Mutual Aid request are ultimately in charge of their men and equipment. It is the purpose of this consideration to indicate the need for an understanding of respect for jurisdiction. All responding Parties to an area outside their jurisdiction shall give total consideration for the rules, regulations, standard operating procedures, and proper guidance being administered by the authority having jurisdiction. The Parties shall notify each other of the name, address and telephone number of the representative(s) authorized to direct mutual aid activities within their respective jurisdictions. V • AILE VI RESPONSIBILITY FOR PERSONNEL AND COMPENSATION 6.1 PERSONNEL. Every person employed in or providing services for the performance of services and functions pursuant to this Agreement is the sole responsibility of the party by whom that person is employed on a full-time basis, or volunteering services, and no person providing services hereunder and employed by either Party hereunder shall have any right associated with employment by or provision of services to another Party. No party shall be called upon to assume any liability for the personnel performing services hereunder as a result of the employment or provision of such personnel by another Party, or any liability other -than that provided for in the Agreement. No Party shall be liable for compensation or indemnity to any employee or volunteer of another Party for injury or sickness arising out of his or her employment or services rendered under this agreement. 6.2 TRAINED FIRE FIGHTERS: All personnel will meet NWCG Firefighter Type 2 Standards. 6.3 COMPENSATION. Pursuant to Sections 29-5-109 and 25-5-110, respectively, C.R.S., all compensation and other benefits enjoyed by every person employed in their own jurisdiction shall extend to the services they perform under this Agreement including, without limitation, workmen's compensation coverage and pension fund payments. ARTICLE VII INDEMNIFICATION 7.1 INDEMNIFICATION. All firefighters, whether the requesting or the assigned party, shall be protected from liability for any actions taken during the course of duty of fire fighting, pursuant to the provisions as set forth in C.R.S. Sections 24-10-102 et sec. Should any liability accrue under the provision of C.R.S. Sections 24-10-102 et seg., or otherwise, due to the negligent or otherwise tortuous act of the fire fighting officer, while performing said fire fighting assistance; or due to the direction of the requesting party, said liability shall be imposed upon the requesting party and not upon the assigned party. 7.2 Each Party to this Agreement shall waive any and all claims against the other party hereto which may arise out of its activities outside of its respective jurisdiction while rendering aid under this Agreement. 7.3 Each Party shall indemnify and save harmless the other party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of the other party to this Agreement outside its respective jurisdiction while rendering aid under this Agreement. In this respect, all immunities from liability enjoyed by a party to the Agreement within its jurisdiction shall extend to its participation in rendering mutual aid under this Agreement outside its jurisdiction. ARTICLE VIII STATUTORY AUTHORITY 8.1 STATUTORY AUTHORIZATION. The provisions of Sections 29-5-101 through 29-5-111, inclusive, C.R.S., are fully applicable and thereby made a part of this Agreement fully. 8.2 GOVERNMENTAL PURPOSES. The services performed and expenditures made under this Agreement shall be deemed for public and governmental purposes. ARTICLE IX MISCELLANEOUS 9.1 This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by Parties other than contained herein. 9.2 All Agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a Court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 9.3 Each Party has represented to each other Party to this Agreement that it possessed the legal ability to enter into this Agreement. In the event that a Court of competent jurisdiction determines that any of the parties hereto did not possess the legal ability to enter this Agreement, this Agreement shall be considered null and void between such party and all other Parties as of the date of such Court determination. 9.4 This Agreement may be executed by the parties in multiple copies, each copy of which shall have the same force and effect as an original. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Chairman County Commissioners By: A.J. Johnson, Eagle County Sheriff • ATTEST: TOWN OF AVON By: By: Town Clerk Town Manager ATTEST: AVON FIRE DEPARTMENT By: ATTEST: TOWN OF MINTURN By: By: Town Clerk Mayor MINTURN FIRE DEPARTMENT By: ATTEST: TOWN OF RED CLIFF By: By: Town Clerk Mayor REDCLIFF FIRE DEPARTMENT By: ATTEST: By SEAL j TOWN OF VAIL 1. :14rEiIfINI . J / e/ Town Clerk 'fawn Manager VAIL FIRE DEPARTMENT ATTEST: By: EAGLE FIRE PROTECTION DISTRICT By: By: Secretary Chariman ATTEST: GYPSUM FIRE PROTECTION DISTRICT By: By: Secretary President .�r r • 4.30/99 PURPOSE EAGLE COUNTY ANNAIFIRE PROTECTION PLAN 1999 The purpose of this plan is to set forth the means of implementing the Eagle County Agreement for Cooperative Fire Protection, executed by the County and this of 1999, as per Mutual Aid Agreement. This plan outlines policies and responsibilities of the cooperating agencies in order to respond AO - fires in a safe, prompt, and effective manner. A. GENERAL RESPONSIBILITIES Responsibility for fire suppression in an area out of a fire protection district is shared jointly by the county and the various fire protection districts or fire departments. Reimbursable costs shall be covered as mutually agreed upon by the county and district or department involved per the Intergovernmental Agreement. Maps appended to this operating plan show boundaries delineating federal, state, county (private land) and fire district/department areas of mutual responsibility. (See Appendix I.) B. MOBILIZATION PLAN 1. Initial Attack/Unified Command/ICS The Incident Command System (ICS) will be utilized on all fires. ICS is a standardized method of managing emergency incidents. It is based on: - - A common organizational structure - - Common terminology (Appendix II) - - Common operating procedures - - Known qualifications of emergency personnel ICS does not infringe on the daily routine, responsibilities or authority given each agency by statute. But, if a transfer of authority is necessary as conditions change, ICS smoothes out the transition since organizational structure and lines of authority are clearly identified. INITIAL ACTION on any fire occurring on the areas covered by this agreement shall be taken by the fire organization that first arrives at the scene of the fire, irrespective of jurisdictional boundaries, but the agency taking initial action shall report the fire *immediately to the jurisdictional age., . In the event the assisting agency al -lilts first, the officer in charge of its forces shall serve as Acting Incident Commander until the arrival of the suppression forces, or appropriate officer, of the jurisdictional agency, who shall then take charge of the fire as Incident Commander. The agency taking initial action on any fire shall remain on the fire until the fire is completely controlled and out, or until relieved by an assisting agency or the jurisdictional agency. This includes the release of the agency's manpower and equipment in so. far as the relieving agency's manpower and tools are available to replace them. If a fire crosses jurisdictional boundaries and becomes a multi -agency fire, a UNIFIED COMMAND will be formed. The purpose of the Unified Command will be to meet as a group and identify policies and direction resulting in one common set of objectives for implementation by the suppression forces. The Unified Command will consist of representatives of the following agencies that have responded to that incident: Eagle County - Sheriff or his designee Colorado State Forest Service - District Forester or his designee Federal Land Agency involved - Forest Supervisor (USFS) or designee, District Manager (B•LM) or designee Fire District/Department Chief or designee If the fire continues to escalate the Unified Command Group will consider enacting the EOC. Resources Available Each agency will keep all others informed, throughout the fire season, of fire danger (calculated by USFS), suppression activities, and changes in location of manpower and equipment. 3. Additional Suppression Resources All requests for non-federal agency fire forces will be made through the applicable agency representative. All requests for state or federal agency fire forces will be made through the applicable agency representative. 2 4. *State Emergency Fire Fund (EFF) 411 • Eagle County is a member of the State EFF Agreement. The purpose of this fund is to provide funds to cover costs associated with a large fire on private or state lands that the resources of the COUNTY cannot handle. Implementation of the Emergency Fire Fund can only be done by the State Forester of Colorado upon the recommendation of the local CSFS District Forester following a request from the County. For this reason, it is important that the CSFS District Forester or his designee be notified immediately of major fires on private or state lands within the County. Should the fire surpass, or threaten to surpass, the ability of County resources to contain it. EFF implementation can only occur with a CSFS representative on the scene of the fire. When a fire "goes EFF" CSFS assumes full responsibility and authority for all suppression activity until the fire is returned to County responsibility. The State Forester will designate a Line Officer who will assume the CSFS position on the Unified Command Group. C. AIR OPERATIONS 1. Use and Ordering of Air Support Requests for air attack will be made only by a responsible official of the jurisdictional agency. Air attack will be handled by qualified personnel of either the BLM or USFS in accordance with the agency's regulations. Costs and Payment Responsibilities See Air Agreement, County, 1992. D. REIMBURSEMENTS 1. Costs Reimbursable REIMBURSABLE MANPOWER AND EQUIPMENT - Reimbursable manpower and equipment use should be recorded on the appropriate forms within seven days of said fire. 3 • 2. Rates EQUIPMENT USE RATES. Current rates are established in section 4.5 of the Intergovernmental Agreement. FIRE EQUIPMENT RENTAL not covered in the Appendix will not receive reimbursement expenses from jurisdictional agencies requiring them unless rates are mutually agreed to, in writing, and said equipment is requested by the jurisdictional agency. PERSONNEL - The wages of personnel shall be at the rate as established by the - cooperating agency as outlined in section 4.5 of the Intergovernmental agreement. CHARGE PERIOD. Rates will be computed hourly after the initial as established in 4.5 of the Intergovernmental Agreement. E. OTHER PROCEDURES 1. Burning Permits Standard operating procedures for BURNING PERMITS FOR PRESCRIBED BURNS will be adhered to. The jurisdictional agency will follow agency prescribed burning policy and procedures and NOTIFY COOPERATING AGENCIES OF BURNING PROJECTS. Such notification should include the location, timing, and nature of prescribed burns and should be given well in advance of the burn and prior to ignition on the day of the burn. Burning Restrictions REQUESTS FOR CLOSURES PROHIBITING OPEN FIRES during hazardous periods will be made to include private, state, BLM and USFS lands. These requests will be made by jurisdictional agency with notification given to cooperating agencies. Requests should- be submitted in writing to the respective granting authority. 3. Maintenance and Access Roads - Use of roads on Forest Service and BLM lands presently closed to vehicular travel (outside of wilderness areas) is hereby authorized to all parties to this Annual Operating Plan. Suppression within designated wilderness and/or "roadless" areas will not be conducted through express orders from USFS. 4 4 . Wildfire Prevention Activities DISTRIBUTION OF FIRE PREVENTION MATERIALS will be handled by the jurisdictional agencies in Eagle County. Distribution should cover schools and commercial establishments within the County. The CSFS will supply the County Sheriff and fire districts with CFFP (Smokey Bear) materials for distribution on request by the department. Each agency will prepare and release FIRE PREVENTION MATERIAL AND RADIO/TV PRESENTATIONS according to their own prevention plans. Coordination with cooperating agencies should be followed in order to prevent a conflict"in released material. Where pertinent, all new releases for fire prevention will carry USFS, CSFS, fire district or County Sheriff by-line. 5. Law Enforcement Actions For the purpose of fire law enforcement, the jurisdictional fire agencies and Eagle County will follow appropriate LAW ENFORCEMENT REGULATIONS. Traffic control will be provided by the responsible law enforcement, upon request. to expedite the routing of vehicles and personnel to and from major fires and to exclude unauthorized personnel from the fire area. It will be the responsibility of the agency upon whose land the fire originates to take law enforcement action. When initial attack is made by another agency, the assisting agency will immediately gather and preserve information and evidence pertaining to the cause of the fire for the jurisdictional agency. In the case of any restrictions on burning or public movements because of extreme fire danger. either by Governor's proclamation or by local issue, the County will be responsible for enforcement on all lands. 6. Fire Investigation and Incident Final Reports The cooperating agencies will take what steps necessary to gather EVIDENCE OF FIRE CAUSE as outlined in the jurisdictional agency's fire control procedures. CIVIL AND CRIMINAL FOLLOW-UP ACTION will be taken by the jurisdictional agency. Fire districts will file incident reports with Eagle County Sheriffs Office on forms provided for reporting to NFIRS following conclusion of each incident. 5 • • • F. WILDFIRE DETECTION Cooperating agencies will keep each other informed throughout the fire season of lightning activity and will forward any reports of wildfire received to the Vail Communications Dispatcher who will notify all agencies through routine procedures. G. FIRE DANGER MONITORING & INFORMATION The local offices of the USFS will monitor local fire danger levels and will notify the ECSO of any significant changes in level. National Weather Service in Denver periodically issues "RED -FLAG" watches and warning bulletins to USFS Regional Office and to CSFS State Office. These offices notify respective local contacts who, in turn, will ensure all local agencies are informed. H. DISPUTE RESOLUTION PROCEDURES The primary purpose of this operating plan is to ensure prompt suppression of fires. Any inter -agency dispute arising from these procedures will be resolved on-site by the Unified Command Group. When necessary, following the conclusion of the fire incident, a panel of agency representatives, other than the participants in the incident, will review and resolve the dispute. This plan will remain in effect until superseded. Participating agencies will meet prior to April 1st each year to review and update the plan for official approval. 0 EAGLE COUNTY COOTIVE COUNTY WILDFIRE • 1999 ANNUAL OPERATING PLAN Agencies approving the continuation of this agreement through the 1999 fire season: Eagle County Sheriff Date B.O.C.C. Date Fire District Date Fire Chief Date Mayor Date Town Manager Date 7 • APIX 1 MAPS 8 APP'�IQDIX II DEFINITION OF TERMS AIR TANKER: Any fixed wing aircraft certified by FAA as being capable of transport and delivery of fire retardant solutions. ASSISTING AGENCY: An agency directly contributing suppression, rescue, support, or service resources to another agency. COOPERATING AGENCY: An agency supplying assistance other than direct suppression, rescue, support, or service functions to the incident control effort (e.g. Red Cross, law enforcement agency, telephone company, etc.). INCIDENT COMMANDER: The individual responsible for the management of all incident operations. INCIDENT COMMAND POST (ICP): That location at which the primary command functions are executed and usually co -located with the incident base. If possible, the ICP will be identified with a green light. JURISDICTIONAL AGENCY: The agency having jurisdiction and responsibility for a specific geographical area. RED FLAG WATCH and/or WARNING: These alerts are issued by the National Weather Service and indicate impending or existing conditions of extreme fire hazard in indicated areas. REIMBURSABLE FIRE: A fire for which costs incurred beyond the initial attack period in another jurisdiction; or costs incurred after being requested by another agency are reimbursed by the jurisdictional agency to the assisting agency. STRIKE TEAM: Specified .combinations of the same kind and type of resources, with common communication and a leader. TASK FORCE: A group of resources with common communications and a leader temporarily • assembled for a specific mission. 9 • RESOLUTION NO. 9 SERIES OF 1999 A RESOLUTION ACKNOWLEDGING A VACANCY ON THE VAIL TOWN COUNCIL AND CALLING A SPECIAL ELECTION TO FILL THE UNEXPIRED TERM. WHEREAS, the Vail Town Council acknowledges a vacancy on the Council due to the resignation of Robert E. Ford; and WHEREAS, such vacancy has occurred with more than 365 days remaining in the unexpired term of the Council position vacated; and WHEREAS, the Vail Town Charter provides that a special election shall be called to fill such term can be held to coincide with the regular Municipal election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. A special election is hereby called to fill the unexpired term of Robert E. Ford, which vacancy has occurred as a result of his resignation with more than 365 days remaining in said unexpired term. 2. The special election will be held and conducted with the regular Municipal election on November 2, 1999, and the candidate receiving the fifth (5th) highest number of votes shall be elected for the two (2) year unexpired term. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of September, 1999. ATTEST: 1111 prrrss184e f i'; o ei D• naldson, Town Clerk Resolution No. 9, Series of 1999 Robert E. Ford, Mayor RESOLUTION NO. 10 Series of 1999 A RESOLUTION DESIGNATING A CHECKING ACCOUNT FOR PURCHASING CARD TRANSACTIONS FOR THE TOWN OF VAIL, WITH STEVE THOMPSON, CHRISTINE B. STOUDER, BOB MCLAURIN, AND PAM BRANDMEYER AS THE DESIGNATED SIGNERS ON THAT ACCOUNT, 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 opening an additional checking account with Wells Fargo Bank with Steve Thompson, Christine B. Stouder, Bob McLaurin, and Pam Brandmeyer, as signers on this account. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Steve Thompson, Christine B. Stouder, Bob McLaurjn, and Pam Brandmeyer are hereby designated as signers for the account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND AD1D t. ;day of September 1999. ATTEST: son wrl!Ow ►. Clerk 40 1 Robert E. Ford, Mayor RESOLUTION NO. 12 SERIES OF 1999 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY, THE 2ND DAY OF NOVEMBER, 1999, THE QUESTION OF WHETHER THE TOWN OF VAIL SHOULD BE AUTHORIZED TO COLLECT A NEW MARKETING AND PROMOTION TAX ON THE PURCHASE PRICE PAID OR CHARGED TO PERSONS FOR ROOMS OR ACCOMMODATIONS PURSUANT TO SECTION 29-25-112, C.R.S., AS AMENDED, AT A RATE NOT TO EXCEED 1.4% TO PROVIDE REVENUE FOR ORGANIZING AND OPERATING THE VAIL LOCAL MARKETING DISTRICT AND FURNISHING SERVICES THEREFORE. WHEREAS, the Vail Town Council has considered Ordinance No. 21, Series of 1999, which upon passage shall establish the Vail Local Marketing District subject to approval by the affirmative vote of the registered electors of the Town of Vail; and WHEREAS, Article X, Section 20, of the Colorado Constitution, requires that the Town of Vail will continue to be subject to receiving voter approval from Town of Vail registered voters to add new taxes and tax rate increases; and WHEREAS, on November 2, 1999, the Town of Vail will hold its regular biennial Municipal election; and WHEREAS, the Town Council is of the opinion that such question should properly be decided by the registered electors of the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. At the regular Municipal election to be held in the various precincts and at the polling place at the Vail Municipal Building, 75 South Frontage Road, in the Town of Vail on Tuesday, the 2nd day of November, 1999, between the hours of 7:00 a.m. and 7:00 p.m., there shall be submitted to the vote of the registered electors of the Town of Vail the questions herein authorized. 2. At the said election, the official ballot, including absentee ballots, shall state the substance of the questions to be voted upon and so stated shall constitute the ballot title, designation and submission clause, and each registered elector voting at the election shall indicate his or her choice on the question submitted, which shall be in the following form: BALLOT TITLE SHALL THE VAIL LOCAL MARKETING DISTRICT BE ESTABLISHED WITHIN THE LEGAL BOUNDARIES OF THE TOWN OF VAIL? IN FAVOR AGAINST Resolution No. 12, Series of 1999 0 SHALL VAIL LOCAL MARKETING DISTRICT TAXES BE INCREASED UP TO $1.725 MILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, FROM A NEW MARKETING AND PROMOTION TAX ON THE PURCHASE PRICE PAID OR CHARGED TO PERSONS FOR ROOMS OR ACCOMMODATIONS PURSUANT TO SECTION 29-25-112, C.R.S., AS AMENDED, AT A RATE NOT TO EXCEED t4%, TO PROVIDE REVENUE FOR ORGANIZING AND OPERATING THE DISTRICT AND FURNISHING SERVICES; AND EFFECTIVE AS OF JANUARY 1, 2000, SHALL THE PROCEEDS OF SUCH TAXES, INVESTMENT INCOME THEREON, AND ALL OTHER REVENUE RECEIVED FROM ANY SOURCE CONSTITUTE VOTER APPROVED REVENUE CHANGES AND BE COLLECTED AND SPENT BY THE DISTRICT EACH YEAR WITHOUT REGARD TO ANY SPENDING, REVENUE RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? IN FAVOR AGAINST 3. if a majority of all the votes cast at the election shall be for the measure, the measure shall be deemed passed, and the District shall be authorized to collect and expend the full revenues in accordance with the approved measure and to budget and appropriate such revenues and expenditures apart from any other expenditure of the Town which may be limited pursuant to Article X, Section 20 of the Colorado Constitution and not withstanding the passage of any other State of Colorado initiative limiting such collection or expenditure, and the revenues authorized for expenditure by the passage of this measure shall not be counted in any such expenditure limitation. 4. The election shall be conducted under the provisions of the Charter and ordinances of the Town of Vail and, to the extent applicable, under the provisions of the Colorado Municipal Election Code as set forth in Title 31, Article 10 of the Colorado Revised Statutes (C. R.S.). 5. The Town Clerk of the Town of Vail shall give public notice of the election on the question hereby submitted (a) by causing the notice to be published in The Vail Trail as provided by law, (b) by mailing to "all registered voters" at each address within the Town of Vail at which a voter is registered no sooner than twenty-five (25) days before the election and no later than fifteen (15) days before the election notice entitled "Notice of Election on a Petitioned Measure". This notice shall include only: (1) the election date and hours for voting, (2) the ballot title, (3) the text of the measure to be voted upon, (4) the office address and telephone number of the Town Clerk, and (5) two (2) summaries, not more than five hundred (500) words each, one (1) for and one (1) against the measure, of written comments filed with the Town Clerk no later than thirty (30) days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the measure to be voted upon. The Town Clerk shall maintain on file and accurately summarize all relevant written comments. Resolution No. 12, Series of 1999 - .- __ . .. ....... . v ., vv...., v.. v Vi1.1 vV1 IVLILvLIVI 1 VI LI rG VLQLG Vr tJlJILJI lL ... 6 The officers of the Town of Vail are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 7. The Town Council finds and declares that this Resolution is a matter of local concem pursuant to Article XX, Section 6 of the Constitution of the State of Colorado. 8. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of September, 1999. ATTEST: // ; LC,,iV1 _0 -' Lorelei Donaldson, Town Clerk Resolution No. 12, Series of 1999 Robert E. Ford, Mayor is • • RESOLUTION NO. 13 Series of 1999 A RESOLUTION DESIGNATING THE SIGNERS AUTHORIZING EXECUTION OF TRANSFER OF FUNDS ON THE U.S. BANK SUPER NOW PUBLIC FUNDS ACCOUNT # 122701187298, FOR THE TOWN OF VAIL, PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, from time to time the Town orally requests U.S. Bank to transfer funds to other banks for credit to persons or corporations designated by the Town. WHEREAS, the Bank has existing standing instructions upon which to act pursuant to oral request for the transfer of funds. WHEREAS, the Town wishes to designate Steve Thompson, Christine B. Stouder, and Judy Popeck as signers on this account. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Steve Thompson, Christine B. Stouder, and Judy Popeck are the designated signers for the existing U.S. Bank Super Now Public Funds account # 122701187298 for the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of September 1999. ATTEST : relei Donaldson, Town Clerk Ludwig Kui, Mayor Pro -Tem • RESOLION NO. 14 SERIES OF 1999 A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT # L-22-00. WHEREAS, the Vail Town, on behalf of the Vail Police Department, has submitted an application to the Colorado Department of Transportation, Office of Transportation Safety for funding a LEAF project for enforcement of laws pertaining to the driving under the influence of alcohol or other drugs, pursuant to Section 43-4-401 through 404, CRS and to LEAF Rules at 2CCR 602.1; and WHEREAS, the State has approved an application and has prepared LEAF Contract which provides $21,000; and WHEREAS, the Town of Vail has the authority and responsibility to fund the Vail Police Department and to sign contracts on behalf of the Vail Police Department; and WHEREAS, a resolution by the Town of Vail formally approving the LEAF Contract and authorizing the proper signature to be affixed to the Contract indicating such approval is required by the State of Colorado. NOW, THEREFORE, be it resolved the Town Council of the Town of Vail, Colorado hereby approves the terms, condition and obligations of LEAF Contract and hereby authorizes: 1. The Town Manager to sign the LEAF Contract on behalf of the Town of Vail. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED ATTEST: A Donaldson, Town Clerk C:IRESOLU99.14 /'4 'day of October, 1999. Robert E. Ford, Mayor qt diDEPARTMENT OR AGENCY N `3ER: L-22-00 CONTRACT ROUTING NUMBER!' CONTRACT THIS CONTRACT, Made this (G 774 day of CX.,17.— , 199x, by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 (hereinafter referred to as "the State") and the City of Vail, for the Vail Police Department, 75 South Frontage Road, Vail, CO. 81657 (hereinafter referred to as "the Contractor"). WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 403, Appropriation Code 307, ORGN 0858, Contract Encumbrance Number 9586, FEIN# 84- 0571385 and GBL #; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition); and WHEREAS, LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, pursuant to §43-4-404, C.R.S., the State is authorized to allocate LEAF funds by contract to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements; and WHEREAS, the Contractor has submitted a LEAF project funding Application, which has been approved by the State; and WHEREAS, the Contractor has established a qualified program, consistent with current State Highway Safety rules at 2CCR 602-1, to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within its jurisdiction; and WHEREAS, the Contractor has available the technical ability to properly perform the project as described in the Approved Application and to address the LEAF objectives of the Legislature; and WHEREAS, this Contract is executed by the State under authority of 29-1-203, 43-1-106, 43-4-402 and 403, and 24-42-103 CRS, and by the Contractor under sections 29-1-203 and 30-11-101, 31-15-101 CRS or home rule charter, as applicable, and the attached resolution. Page 1 of 7 Pages 'NOW THE•FORE, it-is.hereby agreed as folio. 1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated August 1, 1992 and LEAF Application Guidelines dated July, 1992, the State Highway Safety Rules at 2CCR 602-1, and Attachments A, B and C are incorporated herein by this reference as terms and conditions of this contract. The Contractor acknowledges that it has received copies of the LEAF Contract Management Manual, the Application Guidelines, and the State Highway Safety Rules. The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict between the terms of this Contract and the terms of the incorporated materials, the following priority shall be used to resolve such conflict: A. State Highway Safety Rules; then B. LEAF Contract Management Manual and Guidelines; then C. This Contract; then D. Attachments A, B, C, in that order; then E. Approved Application. 2. The Contractor shall carry out the program and shall perform the activities which are specifically described in the Approved Application and are generally described in Attachment A (collectively, "the project"). 3. The Contractor shall submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria described in Attachment B. 4. Project Funding Provisions. The total budget amount authorized by this Contract for the actual costs of the project work is $21,000, as described in Attachment C. The State shall participate in the payment as provided herein. State's maximum (from LEAF) $21,000 TOTAL AMOUNT $21,000 The State shall use LEAF funds exclusively to pay for the actual costs incurred by the Contractor for the project work up to the State's maximum. If the Contractor incurs project costs which exceed the Attachment C budget amount without first obtaining an approval in that amount by written contract amendment, the Contractor shall be solely responsible for the payment of such excess costs. The State budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent upon LEAF funds being available for this Contract. The State will pay the Contractor for actual costs incurred on a quarterly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an itemized accounting of all billings and other records to support all costs charged to the Contract and shall present same to the State upon request. 5. The effective date of this contract shall be the date the Controller of the State of Colorado approves this contract, or such later date specified herein. The Contract shall begin January 1, 2000, and shall terminate on December 31, 2000. Page 2 of 7 Pages 6. The Contractor agrees that any subcontracts entered into by the Contractor under this Contract must meeifill applicable State and Federal regements and must be approved by *Office of Transport n Safety prior to execution by the Mntractor. 7. a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated solely with certain funds provided to the State for the purpose of contracting for the services provided for herein. Therefore, the Con- tractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner the obligations under this Contract, or 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 Contractor such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State party by virtue of a breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time that it determines that the purpose of the distribution of monies 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 Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. 8. The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. 9. The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the contractor nor any agent or employee of the contractor shall be, or shall be deemed to be, an agent or employee of the state, and they shall have no authorization, express or implied, to bind the state to any agreements, settlements, liability, or understanding except as expressly set forth herein. The contractor shall be responsible to the state for the ultimate results of performance required hereunder but shall not be subject to the direction and control of the state as to the means and methods of accomplishing the results. The specifications in this contract of particular performance standards the state deems essential to proper performance and contract value shall in no event be deemed to alter this relationship. Contractor shall pay when due all required employment taxes and income tax withholding, including all federal and state income tax on any moneys paid pursuant to this grant contract. Page 3 of 7 Pages • s The contractor shall provide and keep in force worker's compensation (and show proof of such insurance d unemployment compensation irance in the amounts required by Land shall be solely ressible for the acts of the contractor, employees and agents. The contr for acknowledges that contractor and its employees are not entitled to the benefits of worker's compensation insurance or unemployment insurance unless the contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. 10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract. 11. Pursuant to CRS 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, CRS, unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or 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. Page 4 of 7 Pages IN WITNESS WHEREOF, the parties hereto have caused the foregoing contractto'be executed by their duly ,orized officers the day and year fSabove written. City of Vail Contractor: Position: TOWN MANAGER Contractor: Position: Chie APPROVED TO FORM: l � 'City of Vail Attorney �1`q,�` y, ;f; OF i,,,,��, , Q %' k A E, SEAL i= ATTEST 1 IS � ' of ail "" ;;;,<<� "�,z Chief Clerk Colorado Department of Transportation STATE OF COLORADO BILL OWENS, GOVERNOR By: Tom E. Norton Executive Director Colorado Department of Transportation By: TOM E. TALMADGE Director of Staff Services Colorado Department of Transportation Clerk APPROVALS FOR THE STATE CONTROLLER KEN SALAZAR Attorney General Clifford W. Hall By: GEORGE MCCULLAR, Controller Colorado Department of Transportation By (WAIVED ON F4-17-98) BARRY B. RYAN Assistant Attorney General Civil Litigation Section Page 5 of 7 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shalt 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 it 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 are 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 is 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 thin one -hallo( 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 dont or fails to pay any person who supplies rental machinery. tools. or equipment in the prosecution of the wont the surely 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 band 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 38-26-106. 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. expenses, 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. Tante contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as attended. and other applicable kw respecting discrimination and unfair etnployment practices (CRS 24-34-402), and as required by Executive Order. Equal Opportunity and Affnnati a Action. dated April 16. 1975. Prrrsirant thereto. the following provisions shall be contained In all State contracts or sub -contracts. During the performance of this contract. the contractor agrees as follows: (a) The contractor will not discrltainate against any employee or applicant for employment because of race.on so tri calor. plicants attionaanationalorii yid n. sex. marital status. religion, ancestry. mental or physical handicap. or age. The contactor will tale affirmative au that anployees are treated during employ/nem. without regard to the above mentioned acs. Sul# action brad include, but not be limited to the following: employmer upgrading, demotion. or transfer. recruitment or recnduraent advertisings: lay-offs or termination= sties of pay or other forms of compc:tsation: 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 setting 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 race. creed, color. national origin, sex. marital status. religion, atncestty. mental or physical handicap. or age. (c) The contractor will send to each labor vier 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 couuntitiuent 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 wilt 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. regutatioas and orders. (e) A labor organisation 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 act defined in this contract to be discriminatory. Form 6•AC.02a Revised 1/'43 31S-53-01-1022 page__1-- of —2— pages (g) In the evt the contractor's non-compliance with the non -disc don clauses of this contract or with any of such reguiations. or orders, this contract may be canceled. terminated or suspended in whole or in art and the contractor may be declared ineligible fo er 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 Iaw. (h) 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 6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor arc applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in put by State funds. b. When a construction contract for a public project is to be awarded to a bidder. a resident bidder shall be allowed a preference against a non-resident bidder from a state nr foreign country equal to the preference given a: required by the state or foreign count/}• in which the non-resident bidder is a resident. If it is determined by the officer responsible fur awarding the bid that compliance with this suhscciiun .00 may c•aurc denial of fcdcrak funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal Iaw, this subsection shall be suspended. but only t0 the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102) GENERAL 1. The laws of the State of Colorado and riles and regulations issued pursuant thereto shall be applied in the interpretation. execution. and enforcement of this coatrsct. 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 is conflict with said laws. rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference way of coniptaint, which purports to negate this oranyother special provision and n is whole e oris f thisshall be valid or provisionforceable or available will not invalidate the in of this contract tany action at law whether o the extent that the defence. or otherwise. Any provision •rendered null and void by the operation contract is capable of execution. E. At all titres during the performance of this contract. the Contractor shalt 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 184-441. et. seq.. (Abuse of Public Office). and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: WITNESS WHEREOF. the parties hereto have executed this Contract on the day first above written. Contracto (Full Legal Name) Position (Title) If Corporation:) Attest tSeal) By Social Smoky Amber or Federal I.D. Mamba Corporate Secretary. or Equivalent.Too/Cref my Clerk ATTORNEY GEIvER By Fortis 6 -AC -02C Revised 1/93 3954341-1030 STATE OF COLORADO ROY ROMER, GOVERNOR By •s EXEcusrvE CTOR DEPARTMENT OF APPROVALS CONTROLLER By Page 2 which is the Lott of pages COLO ' A ' O DEPARTMENT OF RANSPORTATION LEAF NTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF project # L-22-00 Responsible Agency Vail Police Department Contract Period 1-1-00 through 12-31-00 Project Coordinator Sergeant Mike Bulkeley r LEAF Objective: L-22-00: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the City of Vail by performing the activities described in the Approved Application and summarized below. Activity # Activity Description 1 2 3 4 Provide officers through out the term of this contract to perform DUUDRE enforcement duties and activities within the City of Vail as stated in the Approved Application. Conduct at least TWO sobriety checkpoints or saturation patrols during 2000. This can be in cooperation with a nearby agency, the State Patrol or solely by the Vail Police Department. The Vail Police Department will be actively involved in CDOT's DUI enforcement public awareness campaign by participating in the joint efforts. This includes, but not limited to, obtaining media interviews and media outreach, hosting media ride alongs and similar activities. The Vail Police Department will report back the requested data to CDOT by the specified times. Make all reasonable efforts to increase the DUI alcohol and drug related arrests within the Vail Police Department by 8% from the 1999 level. COLOFDO DEPARTMENT OFRANSPORTATION LEAF CONTRACT ATTACHMENT B LEAF REPORTING CRITERIA LEAF Project # L-22-00 - Vail Police Department 1). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance with the LEAF Contract Management Manual. The Quarterly Reports will state all activity accomplishments as required by Contract Number L-22-00 during the reporting period. The Vail Police Department will use the provided LEAF Grant Manager software package when compiling data and submitting the required reports. All recipients are required to use the software so the Colorado Department of Transportation can better manage the statewide LEAF program. 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF Grant Manager software program. 3). Upon completion of all LEAF activity the Vail Police Department will submit a Final Report in accordance with the LEAF Contract Management Manual. COLOO DEPARTMENT OFNSPORTATION LEAF CONTRACT ATTACHMEAT C LEAF Project # L-22-00 - Vail Police Department REVENUES TOTAL LEAF Funds $21,000 Category LEAF Funds Personal Services $20,000 Operating expenses $1,000 Capital equipment $0 Travel expenses $0 TOTAL $21,000 SEP -01-1999 WED 01:38 PM PA/C. LEAF PERSONAL SERVICES LEAF Salaries Position Base pay Benefits FAX NO, P. 06 Total wonting the grant VA No, 0 t L�.Z•O� Nuruber of units (Months, LEAF COST weeks. dove)... 550 FIE 64-3 , LEAF Overtime Pnsikion Total LEAF salaries TIMM- Overtime rote Number Of hours LEAF COST LEAF Contractual Services Contractor Colorado Department of Health Total LEAF overtime Miretg1 Services LEAF COST Blood alcohol analysis ($15 for each ' J OLJ� analysis, $15x$0) Total LEAF contractual services WNW Total LEAF personal services (total of all three sec:lons on thls page) 0 od ,SEP -01-1999 WED 01:38 PM FAX NO. P..07 Pale- LEAF OPERATING EXPENSES (ter unit under $3,000) • Number Description of units Cost per unit LEAF COST Blood alcohol test kit 90 Postage to mail blood atcahol test kits for analysis 90 Mouthpiece for breath test Silica gel tube for breath test $0,00 $324 $3.67 $330,30 135 $.23 $31.05 135 $2.05 $276.75 Total LEAF operating expense ) OC Part E - LEAF CAPITAL EQUIPMENT (Cost per unit $3,000 or more) Number Description of un#ts Cost per unit LEAF COST Teter car. r Total LEAF capital equipment Part F. LEAF TRAVEL AND SUBSISTENCE Purpose LEAF COST Total LEAF travel and subsistence SEP -01-1999 WED 0139 P[1 FAX NO. P� G - LEAF BUDGET SUMMARY ice totals tram previous pages) Cost Category LEAF COST • P. 08 PART H - EVALUATION: Evaluation and reporting requirements will be incorporated in the contract. PART 1 - LEAF PROJECT CONTACTS 1. Project Responsibility Name Chief Greg Morrison or his designee. Address 75 South Frorlage Road Vail, CO 81667 Personal Services Mae 2 O, 000 _____, ) OO 0 2. Accounting records responsibility Name Linda Wolx Address 75 South Frontage Road Vali, CO 81657 Operating Expenses Telephone 970.479.2210 Fax 970.479.2216 E-mail address Capital Equipment liefidalior O' Travel and Subsistence $ 0 D/6) Total LEAF Funds Requested $ -2/ 'o PART H - EVALUATION: Evaluation and reporting requirements will be incorporated in the contract. PART 1 - LEAF PROJECT CONTACTS 1. Project Responsibility Name Chief Greg Morrison or his designee. Address 75 South Frorlage Road Vail, CO 81667 3. Project payments mailed to Name Linda Wolx Address 75 South Frontage Road veil. CO 81357 Telephone 970,479.2200 Fax 970,470.2218 E-mail address Telephone 570.479.2210 Fax 970.478,2216 E-mail address 2. Accounting records responsibility Name Linda Wolx Address 75 South Frontage Road Vali, CO 81657 4. Correspondence malted to Name Officer Michael 6ulkeley Address 75 South Frontage Road Vali, CO 91657 Telephone 970.479.2210 Fax 970.479.2216 E-mail address Telephone 970.479.2200 Fax 970.479.2216 E -malt address _APPROVED AS WRITTEN APPROVED WITH MODIFICATIONS DISAPPROVED State LEAF Administrator Date RESOLUTION NO. 15 SERIES OF 1999 A RESOLUTION APPROVING AND ADOPTING THE TOWN OF VAIL/EAGLE COUNTY INTERGOVERNMENTAL AGREEMENT TO DEVELOP A SIXTEEN ACRE AFFORDABLE HOUSING PROJECT LOCATED ON THE BERRY CREEK 5TH PROPERTY. WHEREAS, the Town of Vail and Eagle County wish to be equal partners in the development of affordable housing located on the Berry Creek 5t NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves and directs to the Town Manager to execute the Town of Vail/Eagle County Intergovernmental Agreement to Develop a Sixteen Acre Affordable Housing Project Located on the Berry Creek 5th Property, as attached hereto as Exhibit A. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 3&day of November, 1999. Robert E. Ford, Mayor ATTEST: onaldson, Town Clerk C:IRESOLU99.1 5 • INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement") is made and entered into thisi6t4 flay of October, 1999, between EAGLE COUNTY (the "County") and TOWN OF VAIL, COLORADO ("Town"), collectively referred to as ("Parties"). WHEREAS, the County is the coordinating entity and developer of an affordable housing project located on the Berry Creek 5th Filing to be used primarily for the benefit of employees in the Eagle County region ("Project"); and WHEREAS, the Town wishes to participate in the Project, and is willing to pay fifty percent (50%) of the development cost of the Project; and WHEREAS, the Town believes the development would benefit by the County insuring the housing may be developed in a timely manner; and WHEREAS, the County and Town have both determined that the provision of housing for the benefit of local employees is an appropriate, necessary and valid public purpose. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, Parties agree as follows: 1. Contribution of Property. a. The County shall provide what has been previously identified as Parcel 2, as described in the IGA entered into with the Eagle County Recreation Authority and the RE50J School District, for development of the employee housing project. 2. The Proiect. The Town and the County shall work together to design the Project to be located on Parcel 2, and to determine whether the units shall be for sale units, rental units or some combination of for sale and rental units. The Town and the County shall likewise in cooperation select the appropriate means for financing, construction, marketing, and management of the Project. The Town and the County shall each be entitled to designate the rules for the sale or rental of fifty percent (50%) of the units. These rules shall be consistent with the agreed financing and marketing plans. • 3. Joint Participation of the Affordable Housing Effort. Each party is a co -applicant in the development of the land. a. As co -applicants, each party shall co-sign the Eagle County applications for development review. The County shall serve as the lead agency. b. Upon approval of the Project and prior to the issuance of building permits, the County and Town shall provide construction financing for the Project or shall make interim cash contributions to cover construction costs or shall make other provisions for the construction financing, such as requiring the developer to provide it. The funds shall cover all construction costs and shall be provided by each party on an equal basis. Costs associated with the construction phase shall include, but not be limited to, permit and tap fees, excavation, building materials, site work, landscaping, change orders, labor, etc. Nothing in this Agreement shall be construed to create a multiple fiscal year obligation, and all financial commitments contained herein shall be subject to annual appropriation. IN WITNESS WHEREOF, Parties have caused this Agreement to be executed as of the day and year first above written. ATTEST: /2A_ /ion Clerk to the Bo of County Commissioners B COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Johnnette Phillips Chairman TOWN OF VAIL By Town Manager STATE OF COLORADO COUNTY OF EAGLE } )ss. The foregoing Inter overnmental Agreement was acknowledged before me this Zwulay of October, 1999, blJ., d,�a se..1, as Town Manager of the town of Vail, Colorado. Witness my hand and official seal. My commission expires nlrlclberry.iga otaryblic • • RESOLUTION NO. 16 SERIES OF 1999 A RESOLUTION ADOPTING THE OPERATING PLAN AND BUDGET FOR THE VAIL LOCAL MARKETING DISTRICT WHEREAS, the Vail Town Council acting ex officio as the Board of Directors of the Vail Local Marketing District has requested the Town Finance Director to prepare and submit a proposed budget for the 2000 fiscal year to the board; and WHEREAS, a proposed operating plan and budget has been submitted to the Vail Town Council for its consideration; and WHEREAS, upon due and proper notice, published in accordance with the law, the proposed budget was open for inspection by the public at a designated place, and a public hearing was held on November 30, 1999, and interested electors were given the opportunity to file or register any objections to the proposed budget; and WHEREAS, the budget has been prepared to comply with all terms, limitations and exemptions, including, but not limited to, reserve transfers and expenditure exemptions under Article X, Section 20 of the Colorado Constitution ("TABOR") and other laws or obligations which are applicable to or binding upon the District; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Vail, Colorado: 1. That estimated expenditures for each fund are as follows: General Fund: 2. That estimated revenues are as follows: General Fund: From unappropriated surpluses $ 0 From sources other than the marketing and promotion tax $ 318,000 From the marketing and promotion tax $1,500,000 Total $1,818,000 $1,500,000 3. That reserves have been or are hereby established for each appropriate fund or combined as a single reserve fund as set forth in the budget in order to preserve the spending exemption for reserves under TABOR, and all such reserves shall be transferred or expended within any fund as set forth in the budget. 4. That the operating plan and budget, as submitted, amended and herein summarized by fund, be, and the same hereby is, approved and adopted as the operating plan and budget of the Vail Local Marketing District for the 2000 fiscal year. 5. That the budget, as hereby approved and adopted, shall be certified by the Town Clerk to all appropriate agencies and is made a part of the records of the District. 6. That this resolution shall take effect immediately upon its passage. • INTRODUCED, READ, APPROVED AND ADOPTED this 30th day of November, 1999. ATTEST: 15 rele�i Donaldson, Town Clerk r C:IRESOLU99.16 Ludwig Kurfj Mayor • RESOLUTION NO. 17 SERIES OF 1999 A RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR THE VAIL LOCAL MARKETING DISTRICT WHEREAS, the Board of Directors of the District has made provision therein for revenues in an amount equal to the total proposed expenditures as set forth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, as more fully set forth in the budget, including any interfund transfers listed therein, so as not to impair the operations of the District. NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Vail Local Marketing District: 1. That the following sums are hereby appropriated from the revenues of each fund, to each fund, for the purposes stated: General Fund: $1,500,000 2. That this resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 30th day of November, 1999. E A L ii ---e ATTEST: Lei bonaldson, Town Clerk / G:IRESOLU99.17 .1&://0.-‘1 Ludwig Ketfz, Mayor • RESOLUTION NO. _21 Series of 1999 A RESOLUTION DESIGNATING A SEPARATE CHECKING ACCOUNT FOR THE VAIL LOCAL MARKETING DISTRICT, WITH STEVE THOMPSON, CHRISTINE B. STOUDER, ROBERT L. MCLAURIN, AND PAMELA A. BRANDMEYER AS THE DESIGNATED SIGNERS ON THAT ACCOUNT, 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 opening an additional checking account with FirstBank of Vail with Steve Thompson, Christine B. Stouder, Robert L. McLaurin, and Pamela A. Brandmeyer, as signers on this account. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Steve Thompson, Christine B. Stouder, Robert L. McLaurin, and Pamela A. Brandmeyer are hereby designated as signers for the account for the funds of the Vail Local Marketing District. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND •fr3PTED this 21st day of December 1999. / ? Ludwig KuY , • Mayor ATTEST: • llikRevisedDer 21,1999 RESOLUTION NO. 22 SERIES OF 1999 A RESOLUTION TO RECOGNIZE AND SUPPORT THE 2000 CENSUS WHEREAS, the next census, known as Census 2000, will be conducted it the year 2000 for the purpose of enumerating the population as of April 1, 2000; and WHEREAS, the results of the Census will determine the representation to the United States House of Representatives, the Colorado State Legislature, and may be used to determine the representation on local boards and councils; and WHEREAS, the results of the Census will determine the allocation of federal, state, and local funds that are utilized for education, medical, emergency services, transportation, social, and other programs that are important to the residents of the Town of Vail, all of Eagle County, and the State of Colorado; and WHEREAS, personal information gathered during the Census is confidential and federal law prohibits any public or private agency access to the confidential Census information; and WHEREAS, non -personal demographic information gathered during the Census is used in local planning, economic analysis, and related matters; and WHEREAS, the Town of Vail recognizes the value and need of obtaining a full and accurate count of the entire population. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town of Vail recognizes and proclaims that Census 2000 is a top priority for all appointed officials and departments; and Section 2. The staff of the Town of Vail is directed to participate in and assist with the committee known as the Valley -Wide Complete Count Committee, representing governmental entities, the business sector, education, community service organizations, religious institutions, the media, and others that will assist and support the Census Bureau: A. in identifying and resolving local issues in conducting the Census 2000; and B. with the recruitment and training of local residents to conduct the various census operations; and . • JokuN `zmx 2tnnpn1. 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