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WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public
WHEREAS, the Town of Vail now wishes to designate a public place within its
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NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
The Town Council hereby designates the bulletin boards at the east and west
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of January, 2006.
RESOLUTION NO. 1
SERIES OF 2006
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.
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
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.
entrances of the Town of Vail Municipal Offices as the public places for the posting of full and
timely notice as required by Colorado law.
~~~ ~ ~~~~
Rodney E. Slifer, Mayor
•
ATTEST:
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Lorel~i Donaldson, Town Clerk
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• RESOLUTION NO. 2
Series of 2006
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF VAIL INITIATING ANNEXATION PROCEEDINGS;
FINDING THE ANNEXATION PETITION TO BE IN
SUBSTANTIAL COMPLIANCE; AND SETTING A HEARING THEREON.
WHEREAS, a Petition for Annexation of a certain parcel of land located in
Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of Eagle,
State of Colorado, and described as set forth in Exhibit A attached hereto, was filed with the
Town Clerk of the Town of Vail, Colorado on February 14, 2006; and
WHEREAS, the petition has been referred to the Town Council of the Town of
Vail, Colorado, for a determination of substantial compliance with the requirements of Section
31-12-107(1) of the Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1, The Petition for Annexation of a certain parcel of land located in
Section 8, Township 5 South, Range 80 West, of the 6th Principal Meridian, County of Eagle,
State of Colorado, and described as set forth in Exhibit A attached hereto and incorporated
herein by this reference, is hereby determined to be in substantial compliance with Section 31-
• 12-107(1) of the Colorado Revised Statutes.
Section 2. The Town Council shall hold a public hearing on the proposed
annexation on April 4, 2006, at the regular meeting of the Town Council of the Town of Vail, to
commence at 6:00 P.M. local Vail time, in the Municipal Building of the Town of Vail at
75 Frontage Road, Vail, Colorado 81657, to determine if the proposed annexation complies with
Sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes, or such parts thereof as
may be required to establish eligibility for annexation.
Section 3. A Notice of Public Hearing, including this Resolution, shall be
published five (5) times, to occur once a week for four (4) successive weeks in the Vail Daily or
other newspaper of general circulation in the area proposed to be annexed, commencing no
later than March 2, 2006.
Section 4. This Resolution shall be effective immediately upon adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 21St day of February, 2006.
~~~ ~~~
Roney E. Slifer G
..for of the Town of Vail, Colorado
ATTEST: ~p`r;::•:• :,i
. ;SEAL
o lei Donaldson
Town Clerk
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• Exhibit A
Legal Description Of Annexation Property
LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED
BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED
FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING
DESCRIBED ALTERNATIVELY AS FOLLOWS:
BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH,
RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF
COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS
N89°43'59"W A DISTANCE OF 1322.52 FEET, SAID LINE BEING THE BASIS OF BEARING
FOR THIS DESCRIPTION.
THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF
THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO
COURSES:
1) S00°21'52"W 165.00 FEET
2) S00°21'52"W 277.76 FEET
• THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF
PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION
NUMBER 352168)), S00°21'52"W 57.24 FEET; THENCE N89°45'07"W 247.96 FEET; THENCE
N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E
265.13 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN
ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE,
FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT
RECEPTION NUMBER 96382) S89°43'59"E 100.00 FEET TO THE NORTHWEST CORNER
OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY
BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°15'18"W 165.37 FEET TO THE
SOUTHWEST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET;
THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK
SUBDIVISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL
CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL
CREEK SUBDIVISION N00°21'19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF
SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID
POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION;
THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE
BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382)
S89°43'59"E 248.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL
• CONTAINING 5.13 ACRES MORE OR LESS.
678824.1 RCFISH A-1
. PETITION FOR ANNEXATION
VAIL'S FRONT DOOR
TO THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO:
The undersigned ("Petitioner"), in accordance with The Municipal Annexation Act of 1965, as
amended and as set forth in Article 12, Title 31, Colorado Revised Statutes the ("Annexation
Act"), hereby submits this petition (this "Petition") to the Town Council of the Town of Vail,
Colorado ("Town"), to annex to the Town the unincorporated territory located in the County of
Eagle, State of Colorado, described as set forth on Exhibit A, attached hereto and incorporated
herein by reference (the "Property"), and in support of this Petition, Petitioner alleges that:
It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections 104 and 105 of the Annexation Act exist or
have been met.
Not less than one-sixth (1/6) of the perimeter of the Property is contiguous
with the Town.
4. A community of interest exists between the Property and the Town.
• 5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the
Town.
7. The Petitioner comprises more than fifty percent (50%) of the landowners
(within the meaning of Section 107(7) of the Annexation Act) in the
Property and owns more than fifty percent (50%) of the Property exclusive
of streets and alleys, and the Petitioner hereby consents to the
establishment of the boundaries of the Property as shown on the
annexation map submitted herewith.
The Petitioner is the owner (within the meaning of Section 107(7) of the
Annexation Act) of one hundred percent (100%} of the Property, which
satisfies the requirements for annexation under Section 107(1)(g) of the
Annexation Act.
9. The Property is not presently a part of any incorporated city, city and
county, or town; nor have any proceedings been commenced for
annexation of part or all of the Property to any other municipality; nor has
any election for annexation of the Property or substantially the same
territory to the Town, been held within twelve months immediately
preceding the filing of this Petition.
•
nia~is
10. The proposed annexation will not result in detachment of area from any •
school district or attachment of same to another school district.
11. The proposed annexation will not extend the municipal boundary of the
Town more than three miles in any direction from any point of the current
municipal boundary.
12. The proposed annexation will not result in the denial of reasonable access
to any landowner, owner of an easement, or owner of a franchise adjoining
a platted street or alley which has been annexed by the Town but is not
bounded on both sides by the Town.
13. In establishing the boundaries of the Property, no land which is held in
identical ownership, whether consisting of a single tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
a. is being divided unto separate parts or parcels without the written
consent of the landowner or landowners thereof; or
b. comprising 20 acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in
excess of $200,000.00 for ad valorem tax purposes for the year
next preceding the proposed annexation, is included in the Property
without the written consent of the landowner or landowners. •
14. If a portion of a platted street or alley is to be annexed, the entire width
thereof is included within the Property.
15. The affidavit of the circulator of this Petition certifying that the signature
on this Petition is the signature of the person or agency whose name it
purports to be and certifying the accuracy of the date of such signature, is
attached hereto as Exhibit B, and is incorporated herein by reference.
16. This Petition is accompanied by four prints of an annexation map
containing, among other things, the following information:
A written legal description of the boundaries of the Property;
b. A map showing the boundary of the Property;
c. Within the annexation boundary map, a showing of location of
each ownership tract in unplatted land and, if part or all of the area
is platted, the boundaries and the plat numbers of plot or lots and
blocks; and
•
571831.5 2
• d. Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. In connection with the submission of this Petition, Petitioner will hereafter
submit a zoning application for the Property, including initial zoning and a
development plan; a related development agreement; and a subdivision
plat for or inclusive of the Property (the "Additional Submittals"). In
connection with the processing of this Petition, Petitioner requests that the
Town institute zoning procedures pursuant to Section 115 of the
Annexation Act and Title 12 of the Municipal Code of the Town, and
other procedures applicable to the Town's adoption of the Additional
Submittals.
18. Petitioner has filed this Petition, subject to the following conditions:
a. As of the date of the execution and submission of this Petition, the
Property is part of a proposed land exchange whereby Petitioner
will be conveyed fee title to the Property. No final action shall be
taken with respect to this Petition or the Additional Submittals
until the land exchange is consummated.
b. Petitioner reserves the sole, exclusive and unilateral right to
withdraw this Petition by so notifying the Town Clerk in writing at
• any point prior to thirty-one (31) days after adoption of the final
ordinance approving the annexation of the Property to the Town
pursuant to this Petition.
19. Except for the terms and conditions of this Petition and the Additional
Submittals, which terms and conditions Petitioner expressly approves and
therefore do not constitute an imposition of additional terms and
conditions within the meaning of Section 107(1)(g) of the Annexation Act,
Petitioner requests that no additional terms and conditions be imposed
upon annexation of the Property to the Town.
THEREFORE, Petitioner requests that the Town Council of the Town of Vail, Colorado
complete and approve the annexation of the Property pursuant to the provisions of the
Annexation Act.
•
s7iasi.s
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Respectfully submitted this ~ ~~ day of February, 2006.
SIGNATURE OF LANDOWNER/PETITIONER:
THE VAIL CORPORATION, a
Colorado corporation
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Name: f Q r ~~ ~ ~ ~I ~~,
Title: ~ r' (_ ~ ~ <° ~ >~~`~ ~ S ~ ~~~ ~" ~~~
Date of Signature: ~` G~ r^~, .~ r y ~ •~; .~ ~~`
Mailing Address: PO Box 7
Vail, CO 81658
Resident of the Property? NO
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•
Approved sr to form:
LeKal Uepsrtment
Name: (. RRY ARN U l
Sitnatnre:~PiL'1~cd •~r~
Unte: ~ - ~Q~/b0 (p
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•
571831.5
• EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL DESCRIPTION:
LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS
ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY
THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND
MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988
(LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS:
BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5
SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCII'AL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7
AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1322.52 FEET, SAID LINE
BEING THE BASIS OF BEARING FOR THIS DESCRIPTION.
THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH
THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO
THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382)
• THE FOLLOWING TWO COURSES:
1) S00°21'52"W 165.00 FEET
2) S00°21'52"W 277.76 FEET
THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE
BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT
(RECEPTION NUMBER 352168)), 800°21'52"W 57.24 FEET; THENCE N89°45'07"W
247.96 FEET; THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET;
THENCE N00° 14'21 "E 265.13 FEET TO A POINT ON THE NORTH LINE OF SAID
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE
ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSNE WITH SAID
BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382)
S89°43'59"E 100.00 FEET TO THE NORTHWEST CORNER OF MILL CREEK
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000
AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF
SAID MILL CREEK SUBDIVISION S00°15'18"W 165.37 FEET TO THE SOUTHWEST
CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY
BOUNDARY OF SAID MILL CREEK SUBDIVISION 889°45'57"E 131.89 FEET; THENCE
CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK
SUBDIVISION 889°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL
CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL
• CREEK SUBDIVISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF
Exhibit A
Page 1
571831.5
SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID •
POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK
SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING
CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST
FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.13 FEET TO THE TRUE POINT
OF BEGINNING, SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS.
[Petitioner is the owner of the above-described property]
•
C,
Exhibit A
Page 2
571831.5
I. '
• EXHIBIT B
AFFIDAVIT OF CIRCULATOR
~~ e ~ r ~ ft r -, o ~C~ being of lawful age and duly
sworn upon his/her oath, deposes and says that the signature on this Petition for Annexation to
the Town of Vail, Colorado, consisting of five pages, excluding the page(s) of this Exhibit B, was
witnessed by circulator and is the true and original signature of the person whose name it
purports to be and the date of such signature is accurate.
Circulator ~~ ~
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me this 13~~' day of February, 2006, by
J "~
. My commission expires:
Witness my hand and official seal.
P S. ROF~ X11 t k1 tits -~1 `~ ~ ~,
• ~ Notary Public
•
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•
•
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N:A ~j~~0
~,9r~ FB O~O~PO
-yly Cortrdsaion F.~ires 0710612008
•
Exhibit B
Page 1
s7iaais
RESOLUTION NO. 3
Series of 2006
• A RESOLUTION AMENDING A CERTAIN SECTION OF THE VAIL LAND USE PLAN
TO ALLOW FOR ADDITION OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN
LAND USE DESIGNATION, DELETION OF THE TOURIST COMMERCIAL LAND USE
DESIGNATION, AMENDMENTS TO VAIL LAND USE PLAN MAP, AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, on November 18, 1986, the Vail Town Council (the "Town Council")
adopted the Vail Land Use Plan (the "Master Plan"); and
WHEREAS, the Master Plan was initiated by the Town of Vail to direct future
land use decisions within the Town of Vail; and
WHEREAS, Section 8-3, Vail Land Use Plan, outlines a procedure for amending
the Master Plan; and
WHEREAS, pursuant to Section 8-3, Vail Land Use Plan, the Community
Development Department has proposed an amendment to the Master Plan; and
WHEREAS, the Lionshead Redevelopment Plan was adopted on December 15,
1998, to regulate and guide redevelopment within the area proposed for amendment;
and
WHEREAS, the Town of Vail Planning and Environmental Commission has held
a public hearing on the proposed amendment on February 13, 2006, and has forwarded
a recommendation of approval of the amendment to the Town Council; and
WHEREAS, the purpose of this amendment is to amend the language and map
of the Master Plan to allow for the incorporation of the Lionshead Redevelopment Master
Plan land use designation; and
WHEREAS, the Town Council finds that the proposed amendment improves and
enhances the effectiveness of the Master Plan without negatively affecting the goals,
objectives, and policies prescribed by the Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
1. The Town Council of the Town of Vail hereby amends the Vail Land Use
Plan as follows:
The amendments to the text of the Vail Land Use Plan are indicated in BOLD
ITALICS (additions) and ITS (deletions).
(in part)
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LRMP -Lionshead Redevelopment Master Plan
Included in this category are those properties which are identified as being
included in the Lionshead Redevelopment Master Plan boundaries.
Properties located within Phis land use category shall be encouraged to
redevelop, per fhe Master Plan recommendations, as if has been found that
it is necessary in order for Vail to remain a competitive four-season resort.
Uses and activities for these areas are intended to encourage a safe,
convenient and an aesthetically-pleasing guest experience. The range of
uses and activities appropriate in fhe Lionshead Redevelopment Master
Plan (LRMP) land use category may include skier and resort services, ski
lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public
plazas, open spaces, parking and loading/delivery facilities/structures,
public utilities, residential, lodges, accommodation units, deed restricted
employee housing, retail businesses, professional and business offices,
personal services, and restaurant uses.
The area in the following image is the portion of the existing Vail Land Use Plan Map
proposed to be amended through this Resolution.
•
•
2
The area in the following image is the portion of the Vail Land Use Plan Map which is
proposed to be amended through this Resolution to identify the parcels regulated by the
• Lionshead Redevelopment Master Plan Land Use Designation.
•
INTRODUCED, READ, APPROVED AND ADOPTED this 21St day of March,
2006.
S~' A-I, i
ATTE~T! ~CORA~
- 7_.
/ ( ,
'L~orelei'Donaldson, l'own Clerk
•
~i~_~, ~,~f'
~odne Slifer, May6r; Town of Vail
Y
3
•
RESOLUTION N0.4
Series of 2006
A RESOLUTION AMENDING SECTION 2.3.3 STRONGER ECONOMIC BASE THROUGH
INCREASED LIVE BEDS, CHAPTER 4RECOMMENDATIONS-OVERALL STUDY AREA, AND
CHAPTER 5 DETAILED PLAN RECOMMENDATIONS TO ESTABLISH POLICIES FOR THE
PRESERVATION AND ENHANCEMENT OF THE NUMBER OF LIVE BEDS IN LIONSHEAD,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on December 15, 1998, the Vail Town Council (the `Town Council") adopted
the Lionshead Redevelopment Master Plan (the "Master Plan"); and
WHEREAS, the Master Plan was initiated by the Town of Vail to encourage
redevelopment and new development initiatives within the Lionshead Study Area; and
WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master
Plan; and
WHEREAS, pursuant to Section 2.8 of the Master Plan, the Town of Vail Community
Development Department has proposed an amendment to the Master Plan; and
WHEREAS, the Town of Vail Planning & Environmental Commission has held a public
hearing on the proposed amendment on June 26, 2006, and has forwarded a recommendation of
approval with modifications of the amendment to the Town Council; and
• WHEREAS, the purpose of this amendment is to establish policies for the preservation
and enhancement of the number of live beds in Lionshead; and
WHEREAS, the Town Council finds that the proposed amendment improves and
enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives,
and policies prescribed by the Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment
Master Plan as follows:
The amendments to the text of the Lionshead Redevelopment Master Plan are indicated
in RED BOLD ITALICS (additions) and RED ~FAt:.~ (deletions).
Modifications to the amendments as requested by the Town of Vail Planning &
Environmental Commission are shown in blue and tae-s~~~#~
Policy Objective 2.3.3 -Stronger Economic Base Through Increased Live Beds
1n order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead
must promote improved occupancy rates and the creation of additional bed base ("live beds" or
• "warm beds") through new lodging products. Live beds and warm beds are best described as
residential or lodging rooms or units that are designed for occupancy by visitors, guests,
individuals, or families on a short term rental basis. In order to improve occupancy rates and
create additional bed base in Lionshead, applications for new development and redevelopment
projects which include a residential component shall provide live beds in the form of
accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached
accommodation units (i.e, lock-off units}, or dwelling units which are included in a voluntary rental
management program and available for short term rental. Further, it is the expressed goal of this
Plan that in addition to creating additional bed base through new lodging products, there shall be
no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area.
Chapter 4Recommendations-Overall Study Area
Note: According to Chapter 4 of the Master Plan,
`This section of the master plan addresses issues that affect Lionshead as a whole.
These issues -and recommendations to address them -should be considered in all
planning and policy decisions as Lionshead redevelops. "
4.13 Live Beds
The maintenance, preservation, and enhancement of the live bed base are critical to the
future success of Lionshead and as such, special emphasis should be placed on
increasing the number of live beds in Lionshead as the area undergoes redevelopment.
The Lionshead area currently contains a large percentage of the Town's overall lodging
bed base. The bed base in Lionshead's consists of a variety of residential and lodging
products including hotels, condominiums, timeshares and hybrids of all three. The vast
majority of live beds in Lionshead are not accommodation units in hotels, but instead, in
• dwelling units in residential condominiums such as the Vait 21, Treetops, Antlers Lodge,
Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead
Arcade, and Montaneros, all of which have same form of rental/property management
program that encourages short term rental of dwelling units when the owners are not in
residence. It has been the experience in Lionshead that condominium projects which
include a voluntary rental management program have occupancy rates which exceed the
occupancy rate of hotel products, and therefore tend to provide more live beds and
produce more lodging tax revenues to the Town.
Applications far new development or redevelopment which maintain, preserve, and
enhance the live bed base in Lionshead have a significantly greater chance of approval in
the development review process than those which do nat.
4.13.1 Live Bed Definition
Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as
residential or lodging rooms or units that are designed for occupancy by visitors,
guests, individuals, or families, on a short term rental basis. Alive bed may
include the following residential products: accommodation units, fractional fee
club units, lodge dwelling units, timeshare units, attached accommodation units
(i.e., iock-off units), and dwelling units which are included in a voluntary rental
management program and available for short term rental.
4.13.2 Location of Live Beds
Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use
1 and 2 zone districts. All properties within Lionshead, when developing or
redeveloping and providing new residential or lodging products, should provide
• live beds as defined herein.
2
• 4.13.3 Hotel-types of Services and Amenities
To aid in the furtherance of Policy objective 2.3.3 of the Plan, the creation of
additional live beds should include hotel-types of services and amenities. Such
services and amenities may include, but not be limited to, the operation of a front
desk, registration/reservation capabilities, recreational amenities, guest drop-off,
on-site management, etc. These types of services and amenities in multiple
family residential dwellings will increase the likelihood that the dwelling units will
be made available for short term occupancy and help to promote improved
occupancy rates.
4.13.4 Review of New Development and Redevelopment Projects
The Planning and Environmental Commission shall consider the policies and
direction given by this Plan with respect to live beds when reviewing new
development and redevelopment projects in Lionshead. Applications far new
development or redevelopment # shall maintain;--p~se~~~, ark arse the
live bed base in Lionshead. Applications for new development and
redevelopment which enhance the live bed base have a significantly greater
chance of approval in the development review process than those which do nat.
A proposal's adherence to the policies contained in the adopted master plan will
be one of the factors analyzed by staff, the Planning and Environmental
Commission (PEC}, the Design Review Board (DRB}, and the Town Council (as
applicable} in determining whether to approve or disapprove the specific
proposal.
5.13 The Marriott
With approximately 276 rooms, the Marriott is the largest ~ supply of hot beds in
Lionshead. The single largest structure in Lionshead, it is also very visible, especially
• from the west. It is consequently a high priority renovation project, and all reasonable
measures should be taken by the Town of Vail to encourage and facilitate its
enhancement. Specific issues regarding this property are as follows:
5.13.1 Redevelopment or Development of the Parking Structure
The best opportunity for new development on the Marriott property is the existing
parking structure (figure 5-17). If this site is developed, attention should be given
to the relationship between the development, Gore Creek, the Gore Creek
recreation path, and the west day lot. Vertical development should step back
from the recreation path, and there should be a clear separation (most likely a
landscape buffer) between the public space of the recreation path and the private
space of the residential units.
5.13.2 Infill Opportunities
There are several tennis courts on the south side of the Marriott. This area
presents an opportunity for low-rise infill development that eases the visual and
physical transition from the existing structure to the Gore Creek recreation path.
5.13.3 Opportunities for Facade Renovation
Exterior renovation of the Marriott is a community priority, but the size and
dimensions of the structure present a challenge, and it is unlikely that the
architectural design guidelines (see chapter 8) can be fully met. However, this
should not discourage exterior renovation, and the Town of Vail Design Review
Board should insure that the intent of the guidelines is met. (This is a basic
premise of the architectural design guidelines, relevant to all existing buildings in
• Lionshead.)
3
• 5.13.4 West Lionshead Circle in Front of the Marriott
Any future development or redevelopment of the Marriott property should include
a continuous secondary pedestrian walk on the south side of West Lionshead
Circle. A pavement snowmelt system is strongly recommended because of icing
problems on the walkway in winter.
5.13.5 Preservation of Existing Accommodation Units
The Marriott presently contains 276 short term accommodation units. In addition.
the Marriott also contains a restaurant, lounge, spa, and meeting space facilities
incidental to the operation of the hotel. Given the importance and need for short
term accommodations to the vitality and success of the community, any future
redevelopment of the site shall ensure the preservation of short term
accommodation units on the site. The preservation of short term
accommodations should focus on maintaining the number of existing hotel beds
and the amount of gross residential square footage on the site as well as
requiring the preservation of 276 accommodation units. With this in mind, the
quality of the existing accommodation unit roam could be upgraded and the
rooms could be reconfigured to create multi-room suites. In no instance,
however, should the amount of gross residential floor area devoted to
accommodation units be reduced. In fact, opportunities for increasing the number
of accommodation units beyond the existing 276 units already on-site should be
evaluated during the development review process. For example, the
construction of "attached accommodation units", as defined in the Zoning
Regulations, could significantly increase the availability of short term rental
opportunities within the building.
5.15 Lionshead Inn, ~a+~e Lionshead Annex, Enzian Cluster
• Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead
Circle and South Frontage Road (see figure 5-19) is encouraged.
5.15.1 The Pedestrian Street
The existing structures are recessed from the street, elevated above it, and
separated from it by surface parking lots. To improve the pedestrian character of
the neighborhood, a better relationship with the street is desirable. The principal
objective for redevelopment in this area is to engage the surrounding pedestrian
environment, either by adding building elements toward the street or by lowering
the finish grade at the entries so that they are closer to the level of the street.
5.15.2 Access and Street Frontage
The existing accesses into these properties should be adjusted to align with the
opposing curb cuts on the east side of West Lionshead Circle. The street edge
should be strengthened for pedestrian use with landscaping, enhanced signage,
and retaining walls as described in the site design guidelines, chapter six. The
Lionshead Inn #as secured a permit in the past which is now expired to add
another vehicular access point from the South Frontage Road, and the property
owner is encouraged to pursue the toss *.r?t opportunity to screen the surface
parking lot on the north and regrade the lot to reduce the significant cross-slope.
5.15.3 Building Height
Because it sits considerably above the frontage road, the Lionshead Inn is
encouraged to explore a ground level or lower floor infill solution if development
scenarios are pursued. Additional building height, if proposed, must conform to
the design guidelines.
• 5.15.4 Preservation of Existing Live Beds
4
• The Lionshead Inn and ~a+lgfe--t_-e Lionshead Annex presently contain 85
accommodation units. Given the importance and need for s--terms
aL:r~mr.-~~iiatie~s live beds to the vitality and success of the community, any
future redevelopment of the sites shat! ensure the preservation of short term
accommodation on the site. The preservation of live beds should focus on
maintaining the number of existing live beds and the amount of gross residential
square footage devoted to that use on the site. With this in mind, the quality of
the existing live bed base could be upgraded and the rooms could be
reconfigured to create increased lodging opportunities. In no instance, however,
shall the amount of gross residential floor area devoted to live beds be reduced.
~+-i-€~ast, £pper~t~n+#~es-#er-iesre2r~ing t"a-r.:~rr.~~€-aseem~..cba;is-~ .
~Ir
• ;.rnsess: The construction of "attached accommodation
units", "lodge dwelling units", "timeshare units", "fractional fee club units", and
dwelling units in a voluntary rental program, as defined in the Zoning
Regulations, could significantly increase the availability of chart term rental
opportunities within the building.
INTRODUCED, READ, APPROVED AND ADOPTED this 18"' day of July, 2006.
~~~~~~~
Rodney fifer; lVl or,1'own of Vail
ATTEST: .~p~yN O
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5
•
RESOLUTION NO. 5
Series of 2006
A RESOLUTION ADOPTING THE TOWN OF VAIL PUBLIC WAY PERMIT FEE SCHEDULE
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the "Council") have been duly
elected and qualified; and
WHEREAS, Pursuant to Title 8, Chapter 1, Vail Town Code, a Town fee schedule for Public
Way Use Permits and Public Way Street Cut Permits is necessary in order to offset costs due to
Public Way use, public inconvenience, property degradation, inspection, coordination and
administration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1. The Town of Vail Public Way Permit Fee Schedule dated April 4, 2006, as set
forth in the attached Exhibit A and incorporated herein by reference, is hereby approved and
adopted by the Town, shall be kept on file for public copying and inspection in the office of the
Town Clerk and may be amended from time to time by a resolution of the Council.
Section 2. The Town Council hereby finds, determines and declares that this Resolution is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Section 3. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED This 4t" day of April, 2006.
'> ? ,
Rodney E. Slifer ~
Mayor, Town of Vail
•
ATT T:
4L~~~ ~_~_ ~'`~-G ~ i
rele Donaldson
Town Clerk
~~~
SEAL
Resolution 5. Series of 2006
•
Exhibit A
Town of Vail
Public Way Permit Fee Schedule
Adopted April 4th, 2006
Public Wav Use and Street Cut Permit
A Public Way Permit application fee of $50.00 will be assessed for the issuance of any
Public way Use or Street Cut Permit. In addition, a charge will be assessed for both
Public Way Use Permits and Public Way Street Cut Permits in order to offset costs due
to Public Way use, public inconvenience, property degradation, inspection, coordination
and administration. The Fee schedule shall be set as follows: (Fees sha// not be pro-
rated, and shall be rounded up to the nearest measurement or time as indicated)
•
Public Way Use Permit Fee: (Minimum Fee $50.00)
Construction Season
Single Lane Closure: $0.15 /Ift /day
Two Lane Closure: $0.45 /Ift /day
Three Lane Closure: $1.50 /Ift /day
Sidewalk/Bike Path Closure: $0.15 /Ift /day
Paved Surface (non traffic): $0.25 / sgft /month
Non-Paved Surface: $0.05 /sgft /month
Non-Construction Season
Single Lane Closure:
Two Lane Closure:
Three Lane Closure:
Sidewalk/Bike Path:
Paved Surface (non traffic):
Non-Paved Surface:
$1.00/Ift/day
$3.00 /Ift /day
$6.00 /Ift /day
$0.50 /Ift /day
$1.00 /sgft /month
$0.20 /sgft /month
Asphalt/Concrete Paved Surface: $0.30 per square foot
Brick Paver Surface: $1.00 per square foot
Non-Destructive Exploration (each): $50.00 per location
Non-Paved Surfaces: $0.05 per square foot
Public Way Street Cut Permit Fee: (Minimum Fee $50.00)
Public Ways:
Public Ways Under Moritorium:
AsphalUConcrete Paved Surface:
Brick Paver Surface:
Non-Destructive Exploration (each}:
Non-Paved Surfaces:
$8.00 per square foot
$15.00 per square foot
$200.00 per location
$0.25 per square foot
•
• Definitions:
Non-Construction Season: Times in which construction is not allowed within the Public
Way in the Town of Vail as defined
in Title 8 of the Town Municipal Code and as further defined by
the "Vail Construction Hours Policy" information handout.
Construction Season: All times other than non-construction Season.
Public Ways Under Moratorium: Public Ways that have been reconstructed, rehabilitated, or
resurfaced within the past five (5)yrs.
Non-Destructive Exploration: Non destructive sub surface investigation by means of
vacuum suction, auger, boring or other
similar means that disturbs less than 12" of the surface to
determine depth and location of existing utilities or other
structures, perform soil tests or analyses, or other sub surface
exploratory needs.
•
•
• RESOLUTION N0.6
Series of 2006
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL
SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
REGARDING ANNEXATION ELIGIBILITY
WHEREAS, annexation proceedings were initiated by the filing on February 14,
2006 of a Petition for Annexation of a certain parcel of land located in Section 8, Township 5
South, Range 80 West, of the 6`h Principal Meridian, County of Eagle, State of Colorado, the
approved final legal description of which is set forth in Exhibit A attached hereto; and
WHEREAS, at a regular meeting on February 21, 2006, the Town Council of the
Town of Vail introduced, passed and adopted Resolution No. 2, Series of 2006, finding the
Petition for Annexation is in substantial compliance with C.R.S. § 31-12-107(1) and setting a
public hearing to determine if the proposed annexation complies with C.R.S. § § 31-12-104 and
31-12-1 OS or such parts thereof as maybe required to establish eligibility for annexation; and
WHEREAS, following notice of public hearing given as required by C.R.S. § 31-
12-108(2), the Town Council has held a public hearing on such annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
• TOWN OF VAIL, COLORADO:
Section 1. The Town Council of the Town of Vail hereby finds that, with
respect to the Petition for Annexation and the land proposed for annexation therein, and pursuant
to the terms and conditions set forth therein, the requirements of the applicable parts of
C.R.S. §§ 31-12-104 and 31-12-105 have been met.
Section 2. The Town Council of the Town of Vail hereby finds that no
additional terms and conditions are to be imposed upon the annexation of the parcel of land
which is proposed to be annexed.
Section 3. The Town Council of the Town of Vail hereby finds that an
election is not required under C.R.S. § 31-12-107(2) or 31-12-112(1).
Section 4. The Town Council of the Town of Vail hereby finds that proper
notice was given and a public hearing was held regarding the annexation in accordance with the
requirements of C.R.S. § § 31-12-108 and 31-12-109, as applicable.
Section 5. The Town Council of the Town of Vail concludes that the parcel of
land proposed to be annexed as set forth in the Petition for Annexation is eligible for annexation
to the Town of Vail.
•
Resolution 6, Series of 2006
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 4`h day of April, 2006.
. ~~
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~~-
Rodney E. Slifer /
Mayor of the Town of Vail, Colorado
•
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Town
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Resolution 6, Series of 2006
• EXHIBIT A
Legal Description of Annexation Property
LOTS 1 AND 4, SECTION 8, TOWNSHIPS SOUTH, RANGE 80 WEST, OF THE SIXTH
PRINCII'AL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY
THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3,
2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED
ALTERNATIVELY AS FOLLOWS:
BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHII' S SOUTH,
RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF
COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS
N89°43'59"W A DISTANCE OF 1323.26 FEET, SAID LINE BEING THE BASIS OF BEARING FOR
THIS DESCRIPTION.
THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF
THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO
COURSES:
1) S00°21'52"W 165.00 FEET
2) S00°21'52"W 277.76 FEET
THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
• QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL
1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)),
S00°21'52"W 57.22 FEET; THENCE N89°45'07"W 248.01 FEET: THENCE N33°20'55"W 282.22
FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.29 FEET TO A POINT ON
THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH
SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E
99.99 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION
S00°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF MILL CREEK SUBDIVISION;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION
S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF
SAID MILL CREEK SUBDNISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF
SAID MILL CREEK SUBDNISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID
MILL CREEK SUBDIVISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF
SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT
ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE
ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF
THE FORMER VAIL VILLAGE, FIIZST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.12
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS.
•
•
n
~J
RESOLUTION N0.7
Series of 2006
A RESOLUTION RESCHEDULING THE REGULAR TOWN COUNCIL MEETING OF JULY 4,
2006, TO JULY 11, 2006.
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, Pursuant to Section 1-5-11, Vail Town Code, the Council shalt meet
regularly at least twice monthly at a day and hour to be fixed by the rules of the council; and
WHEREAS, Pursuant to Section 1-5-11, Vail Town Code, in the event a regular meeting
would fall on a legal holiday recognized by the Town, the Council may defer the regular meeting
to a subsequent date not later than one week after the deferred regular meeting; and
WHEREAS, the first regular meeting of the Council in July falls on July 4th, as currently
scheduled, which is a legal holiday recognized by the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Council, currently scheduled for July 4, 2006, is hereby deferred and rescheduled to July 11,
2006.
Section 1. Pursuant to Section1-5-11, Vail Town Code, the regular meeting of the
Section 2. The Council hereby finds, determines and declares that this Resolution
No. 7 is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 3. This Resolution shalt be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED This 2"d day of May, 2006.
`~
~iv~ ~~~~
Rodney E`. Slifer
Mayor, Town of Vail
•
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Resolution No. 7, Saks :006
RESOLUTION NO. 8
• Series of 2006
A RESOLUTION RATIFYING THE PURCHASE OF LAND IN THE TOWN OF VAIL KNOWN AS THE
MEADOW CREEK PARCEL AND LEGALLY DESCRIBED AS A PARCEL OF LAND LOCATED IN THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 81
WEST SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home
rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town
Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected
and qualified; and
WHEREAS, the Council considers it in the interest of the public health, safety and welfare to
purchase the real property known as the Meadow Creek Parcel and legally described as a parcel of land
located in the North Half of the Southwest Quarter of Section 14, Township 5 South, Range 81 West Sixth
Principal Meridian, Eagle County, Colorado (the "Property"); and
WHEREAS, the adjacent homeowners have requested that the Town of Vail purchase the land as
open space and committed $65,000 for the purchase of the land; and
WHEREAS, the Eagle Valley Land Trust has reviewed the open space value of the land and will
hold a conservation easement on the land; and
WHEREAS, Eagle County has reviewed the open space value of the land and committed $65,000
for the purchase of the land; and
WHEREAS, the protection of the property as open space is consistent with the 1994
• Comprehensive Open Lands Plan.
WHEREAS, the Council has previously approved the purchase of the Property, and closed on the
Property on or about April 28, 2006.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO THAT:
The purchase of the Property is hereby ratified by the Council.
This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Vail held this 2nd day of May, 2006.
~~%f~~~c
Rodney E.~lifer, ~
Mayor of the Town of Vail, Colorado
ATTE ~ ``
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L9~elei naldson, ~' ';'Y„
Town clerk s~ ~ r"
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Resolution No. 8, Series 2006
C7
RESOLUTION NO. 9
Series of 2006
A RESOLUTION CALLING A SPECIAL ELECTION IN THE TOWN OF
VAIL, COLORADO CONCERNING ORDINANCE NO. 5, SERIES OF
2006, AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT
DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A,
SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12,
ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State
of Colorado (the "Town"), is a home rule municipal corporation duly organized
and existing under laws of the State of Colorado and the Town Charter (the
"Charter"); and
WHEREAS, the members of the Town Council of the Town (the
"Council") have been duly elected and qualified; and
WHEREAS, on March 21, 2006, the Council adopted
Ordinance No. 5, Series of 2006, an ordinance establishing Special
Development District No. 39, Crossroads, Pursuant to Article A, Special
• Development (SDD) District, Chapter 9, Title 12, Zoning Title, Town Code of
Vail, and setting forth details in regard thereto (the "Crossroads Ordinance");
and
WHEREAS, on April 27, 2006, and pursuant to Section 5.4 of
the Charter, the Town Clerk certified as SUFFICIENT a referendum petition
seeking reconsideration of the Council's adoption of the Crossroads
Ordinance, and if not so repealed upon reconsideration, that it be approved or
rejected at a Town election, pursuant to Article V of the Charter; and
WHEREAS, the Council has failed to repeal the Crossroads
Ordinance as required by the Charter; and
WHEREAS, based upon the Council's failure to repeal the
Crossroads Ordinance, it is now necessary for the Council to set a special
election, as set forth in Section 5.6(b) of the Charter; and
WHEREAS, pursuant to the Colorado Municipal Election Code,
specifically C.R.S. § 31-10-108, special elections may not be held within the 32
days before or after the date of a primary election; and
WHEREAS, there is a primary election scheduled forAugust 8,
2006, but Eagle County has declined a request from the Town to coordinate
the Town's special election with the primary election; and
Resolution No. 9, Series of 2006
WHEREAS, because of the time limitations of Article V of the
Charter, the Town Council has no choice but to set the Town's special election
within the 32 days prior to the August 8, 2006 primary election; and
WHEREAS, the Town, as a home rule municipality organized
and existing under Article XX of the Colorado Constitution, is bound by the
terms of its home rule charter when its charter conflicts with a state statute on
an issue of purely local concern; and
WHEREAS, a local referendum election is an issue of purely
local concern; and
WHEREAS, the Town Council finds and determines that the
provisions of Article V of the Charter conflict with C.R.S. § 31-10-108; and
WHEREAS, the Town Council finds and determines thatArticle
V of the Charter supersedes the conflicting provisions of C.R.S. § 31-10-108,
and therefore, the Town's special election must be scheduled for July 11,
2006.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN
• COUNCIL OF THE TOWN OF VAIL, COLORADO:
Section 1. Pursuant to Section 5.6(a) of the Charter, the
Council hereby determines that a special election shall be held on July 11,
2006, at which there shall be submitted to the registered electors of the Town
the question set forth in Section 2 hereof. The special election shall be
conducted as a polling place election.
Section 2. The ballot title and text for the measure being
referred to the voters by this Resolution shall read as follows:
Question 1.
Shall Ordinance No. 5, Series 2006, an Ordinance Establishing
Special Development District No. 39, Crossroads, to Facilitate
the Redevelopment of an Existing Mixed Use Development in
the Town of Vail, take effect?
Section 3. The Council hereby appoints the Town Clerk as
the designated election official for purposes of the special election and all
powers and authority granted to the Council may be exercised by the
designated election official, including but not limited to the power to appoint
election judges.
• Resolution No. 9, Series of 2006
2
•
Section 4. If a majority of the votes cast on Question 1 are
in favor of Question 1, Ordinance No. 5, Series of 2006 shall take effect upon
certification of the election results. If a majority of the votes cast on Question 1
are against Question 1, Ordinance No. 5, Series 2006 shall be considered
repealed upon certification of the election results.
Section 5. The officers of the Town are hereby authorized
and directed to take all action necessary or appropriate to effectuate the
provisions of this Resolution.
Section 6. If any section, paragraph, clause or provision of
this resolution shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, paragraph, clause or provision
shall in no manner affect any remaining provisions of this resolution, the intent
being that the same are severable.
Section 7. All resolutions or parts of resolutions inconsistent
herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revive any resolution or part of any
resolution heretofore repealed.
INTRODUCED, READ, APPROVED AND A9OPTED this 6th ~ay of June,
2006. / ~'
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~~ EA,L ? ~rrovii`filtt, Mayor Pro Tem
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ATT ST:
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~rel~ Donaldson, Town Clerk
own of Vail, Colorado
• Resolution No. 9, Series of 2006
• RESOLUTION NO. 10
Series of 2006
A RESOLUTION APPROVING THE FRONT DOOR DEVELOPMENT
AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL
(THE "TOWN") AND THE VAIL CORPORATION, D/B/A VAIL
ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL
ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN
RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND
VAIL ASSOCIATES IN RELATION TO THE FRONT DOOR
DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES AND AFFILIATES
WHEREAS, the Town, acting through its applicable departments and agencies,
including the Planning and Environmental Commission and Design Review Board, has
previously approved a development plan and design criteria proposed by Vail Associates for the
intended development of the "Front Door" mixed-use real estate development project (the
"Project"), the site of which is located in the Town of Vail to the south of the Lodge at Vail and
the southerly end of Bridge Street and which borders and/or subsumes the Vista Bahn ski yard on
the site's east side (the "Front Door Site"); and
WHEREAS, the Town, acting through its applicable departments and agencies
. (including the Director of Public Works and the Director of Community Development), and Vail
Associates, on its own behalf and on behalf of its applicable affiliates as the owners of the Front
Door Site, have negotiated terms and conditions for the Agreement to govern certain matters
related to the development of the Project, and the respective rights and responsibilities of the
Town and Vail Associates in connection with those matters; and
WHEREAS, the Town Council's approval and authorization of the Agreement,
and making of the Agreement, will serve to satisfy certain conditions established by the Planning
and Environmental Commission as part of its approval of the development plan for the Project;
and
WHEREAS, the approval of the Agreement is necessary and proper for the health,
safety and welfare of the Town and its inhabitants; and
WHEREAS, the Agreement complies with all applicable laws and regulations of
the State of Colorado and the Town, and the Town has the authority to enter into the Agreement
pursuant to such laws.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO as follows:
Section 1.
. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform,
observe and discharge its obligations under the Agreement. The Town Manager is hereby
authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such
Resolution No. IQ, Series 2006
•
terms and provisions as the Town Manager, after consultation with the Town Attorney, considers
to be necessary or appropriate in furtherance of this Resolution.
Section 2.
The Town Council hereby finds, determines and declares that this Resolution is necessary and
proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.
INTRODUCED, READ, APPROVED AN~3-,ADOPTED thi~'6th da of June,
r~
2006.
ATTEST:
1
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L,,~elei onaldson,
Town Jerk, Town of Vail
Resolution No. 10, Series 2006
.-- ,
-Farrow Hitt, ~~
Mayor Pro Tem
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RESOLUTION NO. 11
Series of 2006
RESOLUTION ADOPTING THE MULTI-JURISDICTIONAL ALL-HAZARDS
PRE-DISASTER MITIGATION PLAN FOR THE TOWN OF VAIL; AND SETTING FOR
THE DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, the U.S. Congress passed the Disaster Mitigation Act of 2000
("Disaster Mitigation Act") emphasizing the need for pre-disaster mitigation of potential
hazards; and
WHEREAS, the Disaster Mitigation Act made available hazard mitigation grants
to state and local governments; and
• WHEREAS, the amount of hazard mitigation grants available to state and local
governments is contingent upon the adoption of an approved pre-disaster mitigation
plan; and
WHEREAS, the Town of Vail has applied for and will receive funds from hazard
mitigation grants to support development of pre-disaster mitigation; and
WHEREAS, the Town of Vail along with the Towns of Aspen, Snowmass
Village, Basalt, Avon, Eagle, Gypsum, Minturn, Red Cliff, and Eagle County and Pitkin
County, have developed amulti-jurisdictional pre-disaster mitigation plan designed to
leverage their common characteristics and planning resources to better prepare for
potential hazards; and
WHEREAS, the Town of Vail desires to comply with the requirements of the
Disaster Mitigation Act and to augment its emergency planning efforts by formally
adopting the Multi-Jurisdictional All-Hazards Pre-Disaster Mitigation Plan for Pitkin and
Eagle Counties dated June 1, 2005.
NOW, THERFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1, the Multi-Jurisdictional All-Hazards Pre-Disaster Mitigation Plan for
• Pitkin and Eagle Counties dated June 1, 2005, as may be amended from time to time, is
hereby adopted by the Town of Vail and shall be applicable throughout the town limits.
Resolution No. 11, Series 2006
Section 2, a copy of the Multi-Jurisdictional All-Hazards Pre-Disaster Mitigation
Plan for Pitkin and Eagle Counties shall be kept on record at the Eagle County
Emergency Management Office and available for inspection upon reasonable notice
and request.
Section 3, the Council hereby finds, determines and declares that this
Resolution is necessary for the public health, safety and welfare of the residents of the
County of Eagle, State of Colorado.
INTRODUCED, READ, APPROVED AND ADOPTED this 6~h der of~J~ne, 2006.
Fatrow Hitt; Mayor Pro Tem
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ATTEST:
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L elei onaldso~, Town Clerk
own o Vail, Colorado
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SEAL
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Resolution No. 11, Series 2006
• RESOLUTION NO. 12
Series of 2006
A RESOLUTION APPROVING THE PURCHASE OF LAND IN THE TOWN OF VAIL
COMMONLY KNOWN AS PARCEL N0.210311415019 BY THE EAGLE COUNTY
ASSESSOR'S OFFICE, AND LEGALLY DESCRIBED AS PARCEL A, A
RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL SCHONE FILING NO. 1,
TOWN OF VAIL, EAGLE COUNTY, COLORADO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to purchase the real property and improvements thereon with the physical
address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No.
210311415019 by the Eagle County Assessor's Office, and legally described as Parcel
A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail,
Eagle County, Colorado (the "Property"); and
WHEREAS, the Council's approval of this Resolution No. 12, Series 2006, is
required to purchase the Property.
• NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
1. The agreement to buy and sell the Property is hereby approved by the
Council.
2. The Town Manager, Town Attorney and town staff are authorized to take
whatever steps are necessary to complete the purchase of the Property
by the Town of Vail.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 18t" day of April, 2006.
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Town Clerk
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~todney .Slifer,
Mayor of the Town o Vaii, Colorado
t~pr 12 2006 12:25PM Laos Offices Of Gary S. Co 3038639595
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The printed portions of this forth, except differentiated additions, have been approved by the Colorado Real
Commission. (CBS 2-7-04)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTII~S ~HAU?G
CONSULT LEGAL AND TAX OA OTHER COUNSEL ~FFtlt]~ S~G1Vi~11~,.,~; ;:.-~, ~ :'~`A2 ~ ~~ ~ ~ ~°- ~ ,
` .9
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CONTRACT TO BUY AND SELL Ii~EAL ESTATE ~ ~ ~~ ~ ~~ ~;~ ~ ~'~ :::
(COMMERCIAL)
~~
Date; ~pri1 l2 , 2006
Purchase Price: $ 2 , 000, 000..
1. AGREEMENT. Buyer agrees to buy, and the undersigned Seller agrees to sell, the Proi
defined below on the terms and conditions set forth in this contract.
Z. DEFINED TERMS.
a. Buyer. Buyer, Town of Vail, a Colorado Municipal Corporat~9~r
title to the real property described below as O Joint Tenants O Tenants In Common
^ Other N/A
b. Property. The Property is the following legally described real estate:
Vail Dag Schone Filing 1, Parcel A, a resubdivision of Tract D
in the County of Ea Ele ,Colorado, j
commonly known as t3o, 2399 Borth Frontage Road West, Vail, CO 81657
Street Address City State Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appuriet- t
thereto, all interest of Seller in vacated streets and alleys adjacent thereto, oxcept as herein exaludod.
c. Dates and Deadlines.
Item >vo.
1
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3 -. ~
4
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Reference
Sa
§ ~b
§ Sc
Sc
§ Sd
§ Sd
S Sd
§ 6a(4)
§ 7a
§ 7c
§ Sc
6 7b
§ 8a
8b
~ Sb
§10
$ l0a
6 lOb
s log
§ it
6 l6
§16
27
27
Event
Loan Application Deadline
Loan Commitment Deadline
Buyer's Credit Information Deadline
Disapproval of Buyer's Credit Deadline
Existing Loan Documents Deadline
Objection to Existing Loan Documents Deadline
Approval of Loan Transfer Deadline
Appraisal Deadline
Title Deadline
Survey Deadline
Survey Objection Deadline
Document Repuest Deadline
Title Objection Deadline
Off-Record Matters Deadline
Off-Record Matters Objection Deadline
Seller's Property Disclosure Deadline
Inspection Objection Deadline
Resolution Deadline
Property Inswance Objection Deadline
Closing Date
Possession Date
Possession Time
Acceptance Deadline Date
Acceptance Deadline Time
`-Date or De~~i
" N/A '"
Nrr+
N/A
N/A ~J'
N/A
N/A ~
N/A
5/22/06* ~ 1
/22/06
5/20/06
5%L1/Ub it
CBS 2-7-04
P Tj environmental Aas3
CONTRACT TO BUY AND SELL REAL ESTATE [COMhIERC7AL)
~ 5 /'1
5/22/06
i 5/30/06, ` I~
5/22/Ub'.
C /5 j06
6/19/06 ':
N/A s.
See >Kxla~~,I.
tiPP;:
SeerExhibi.
4/14/06
s:UU p,rn ;
6/25/06
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Page L at 10 J
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Apr 12 2006 12:25PM Law Offices Qf Gary S. Co 3Q386395SS 'iiu p•'I
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d. Attachments. The following are a part of this contract: N/A
32
,, .
33
34 Note; The following disclosure forms are attached but are not a part of this contract: N/A
35
36
37 e. Applicability of Terms. A check or similar mark in a box means that such provision '~ ;
38 applicable. The abbreviation "NIA" means not applicable. The abbreviation "MEC" (mutual execution
39 this contract) means the latest date upon which both parties have signod this contract.
40 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following ite
41 (Inclusions):
42 a. Futures. If attached to the Property on the date of this contract, lighting, heatu
43 plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting blocks/jac
44 plants, mirrors, floor coverings, in Se emEx~it~~~.,t Qrinkler systems and controls; and
45 ~xh
46
47 b. Exclusions. The following attached ues are e~ccluded fro»t this sgle;
48 ~~
49 c. Personal Property. If on the Property whether attachod or not on the dgGG ~f t1l~S ~~; .
50 storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, c
51 rods, d~e_ry rods, storage sheds, and a71 keys. If checked, the following are included: f~ISmoke/F
52 Detectors Security Systems; and ca Rh registers excluded
53
54 d. Transfer of Personal Property. The Personal Property to be conveyed at Closing shall b
55 conveyed, by Seller, free and clear of all taxos, (except personal property taxes for the year of closing), lie
56 and encumbrances; except
57 i
Conveyance shall be by bill of sale or other applicable legal instrument.
e. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:
60
61 See Exhibit A
62
63 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.
64 Dollars by Buyer as follows;
b5
Item 1'~0. Reference Item Amount Amou 't
I § 4 Purchase Price $ 2 000 000
2 ~ 4a Earnest Money $ 25 ,~
3 § 4b(1) New First Loan
~ 4 ~ 4b(2) New Second Loan
5 § 4c Assumption Balance ~~ "'" ` ~~ "
6 § 4d Seller or Private Financing - «: = :°~ ' 'rt"~
a: ,
~ .. ~: ,.
8
9 "' & 4e Cash at Closing ~ 1, 975 0°
10 TOTAL $ 2, 000 , 000 $ 2 , OO~I
66 Note: If there is an inconsistency between the Purchase Price on the first page and this § 4, the amount; i
67 ~ 4 shall control. ~ ~ .
68 a. Earnest Money. The 8amest Money set forth in this section, in the form of. g T tatl 6 ~ a:
b9 is part payment of the Purchase Price and shall be payable to and held by Land Title Guaran~ee ~
TO (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money depos ~ ,
71 shall be tendered with this contract unless the parties mutually agree and set forth a different deadline ~
72 writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing compa~h
73 if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest an earnest move , '
deposits transferred to a fund established for the purpose of providing affordable housing to Colored
residents, Seller and Buyer acknowledge and agree chat any interest accruing on the Earnest Money deposite'
76 with the Earnest Money Holder in this transaction shall ba transforred to such fund.
CBS 2-7-04 CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 2 of 111
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b. New Loan. N/A
(1) New First LOan. Buyer shall obtain a new loan set forth in this section
follows: ^ Conventional ^ Other
This loan vKill be secured by a (1st, 2nd, etc.) deed oftrust.
The total Loan amount, not in excess of $ ,shall be amortized over
period of years at approximately S per month including principal and interest no
to exceed % per annum, plus, if required by Buyer's fender, a monthly deposit of l/l~ of tit
estimated annual real estate taxes and property insurance premium, if the loan is alt adjustable i~tt~rtst tsxQ,lr!
graduated payment loan, the monthly payments and interest rate initially shall not exceed the f!(~tl.S~ srtf .,.
-., above.
Loan discount points, if any, shall be paid to lender at Closing and shall not exceed °lo of
total loan amount. Notwithstanding the loan's interest rate. the first ,_,,, loan discount points shall be paid by
and the balance, if any, shall be paid by
b dyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed % of th~
loan arhount.
(2) New Second Loan. Buyer shall obtain a new foan set forth in this section asl
follows: N/A
This loan will be securod by a (2nd, etc.) deed of trust.
The total loan amount, not in excess of $ ,shall be amortized over a
period of years at approximately $ per month including principal and interest not to
exceed % per annum. 1P the loan is an adjustable interest rate or graduated payment loan, the
monthly payments and interest rate initially shall not exceed the figures set forth above.
Loan discount points, if any, shall be paid to lender at Closing and shall not exceed % of the
total loan amount. Notwithstanding the loan's interest rate. the first ~ loan discount points shall be paid by
,and the balance, if any, shall be pard by
Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed % of
the loan amount.
c. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount
of the Assumption Balance set forth in this section, presently payable at $ /A per month
including principal, interest presently at ____°rf° per annum. and also including escrow for the following as
indicated: O Real Estate Taxes ^ Property Insurance Premium and
Buyer egrets to pay a loan transfer fee not W exceed $ At the time. p('
assumption, the new interest rate shall not exceed _% per annum and the new monthly I?,ayrAGllt sb~l ru~#
•. exceed $ principal and interest, plus escrow, if any, If the actual pttincip~l brtlal~tce of >,
existing loan at Closing is less than the Assumption Balance, which causes the amount of c>tslt rGqu,ilre~,a.„
Buyer at Closing to be increased by more than $ ,then O Buyer May Terminate this contract
effective upon receipt by Seller of Buyer's written notice oftermination or O .
sSalber ^ 5hali D Shall Not be released from liability on said loan. If applicable, compliance with
the requirements for releasr from liability shall be evidenced by delivery at Closing of an appropriate letter of
commitment from lender. Cost payable for release of liability shall be paid b~~ in an
amount not to exceed $
d. Salter or Private Financing. Buyer agrees to execute apromissory note payable to: N/A
as ^ Joint Tenants ^ Tenants fn
Common ^ Other, , on the note form as indicated:
O (tfCCC - No Default Rste) NTD 82-5-04 ^ (Default Rate)NTD 8]-5-04
^ Other secured by a (Ist, 2nd, etc.) deed of trust
encumbering the Property, using the form as indicated: Q Strict pue-On-Sale (TD 72-5-04)
^ Creditworthy (TD 73-5-04) ^ Assumable -Not Due On Sale lTp 74-5-04) ^ Other
The promissory note shall be amortized on the basis of ^ Years ^ Months, payable at
$ per month including principal and interest at the rate of % per annum. Payments:
shall commence and shall be due on the day of each succeeding month. (f not
sooner paid, the balance of principal and accrued interest shall be due and payable
after Closing. Payments ^ 5haU O Shall Not be increased by I /12 of estimated annual real estate taxes,
and ^ Shalt ^ Shall Not be increased by 1l12 of estimated annual property insurance premium. The loan
shall also contain the following terms: (I) if any payment is not received within , Calendar days after
its due date, a late charge of `% of such monthly payment shall be due, (2) interest on lender disbutsernettts
under the deed of trust shall be % per annum, (3) default interest rate shall be ,,,,,,,~,% per annum, (9~)~
..Buyer may prepay without a penalty except and (~)
Buyer ^ Shall D Shall Not execute and deliver. at Closing, a Security Agreement and UCH*1
? ";
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C[iS 2-7.114 CONTRACT TO IIUY AND SELL REAL ESTATE (COMMERCIAL) Page 3 of LO
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t~pr 12 2006 12:27PM Law Offices Of Gary S. Co 3038639595
138 Financing Statement granting the holder of the promissory note a f 1st, 2nd, etc.) lien on the pGCSOr
39 grope{~included in this sale.
~0 Buyer ^ Shall ^ Shall Not provide a mortgagee's title insurance policy, at Buyer's expense.
41 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, ply
142 Buyer's closing costs, shall be in funds which comply with all applicable Colorado laws, which include cos
143 electronic transfer funds, certified check, savings and loan teller's check and cashier's check (Good Funds).
l44 S. FINANCING CONDITIONS AND OBLIGATIONS. N/A
145 n. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a n~
146 loan, or if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall make
147 verifiable application by Loan Application Deadline (§ 2c). Buyer shall cooperate with Seller end lender
148 obtain loan approval, diligently and timely pursue same in good faith, execute all documents and furnish e
149 information and documents required by lender, and, subject to § 4b (1 }and (2) and § 4q timely pay the cos
150 of obtaining such loan or lender consent. Buyer agrees to satisfy the reasonable requiremearts of lender, at
I S l shall not withdraw the loan or assumption application, nor intentionally cause any change in circumstanoi
152 that would prejudice lender's approval of the loan application or funding of the loan. Buyer may obta~
153 different financing provided Seller incurs no additional delay, cost or expense, and provided Buyer
154 approved for such substitute loan.
1 SS b• Loan Commitment. [f Buyer is to pay all or part of the Purchase Price by obtaining a ne~
156 loan as specified in § 4b, this contract is conditional upon Buyer obtaining awrittea loan commitment. Th
157 condition shell be deemed waived unless Seller receives from Buyer, no later than LoAa Coramitmea
158 Deadline (§ 2c), written notice of Buyer's inability to obtain such loan commitment. If svyar so aotilftt
159 Seller, this contract shall terminate. IF SELLER DOES NOT RECENE WRt• i,t.N.1110TICF Tl
160 •. TERMINATE AND BUYER DOES NOT CLOSE, BUYER SHALL $E AY DEFAULT.
161 G Credit information. If Buyer is to pay all or part of the Purchase PtticG by >>,~,g
162 promissory note in favor of Seller or if an existing loan is ant to be released at Closing, this Gt]IIt1'gClr;
163 conditional upon Seller's approval of Buyer's futancial ability and creditworthiness, which approval shall k
164 at Selpxttc~sole and absolute discretion. In such case: (I) Bayer shall supply to Seller by Buyer's Cred
165 Information Deadline (§ 2c), at Buyer's expense, information and documents concerning $uyers finanoia
166 employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability
creditworthiness (including obtaining a currant credit report); (3) any such information and documen~
received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller
9 interest in this transaction; (4) if Seller does not provide written notice of Sellers disapproval to Buyer b
170 Disapproval of Buyer's Credit Deadline (§ 2c), then Sellarwaives~this condition. If Seller does provid
171 written notice of disapproval to Buyer on or before said date, this contract shall terminate.
172 d. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shn
173 provide copies of the loan documents (including note, deed of trust, and any modifications) to Buyer b
174 Existing Loan Documents Deadline (§ 2c). This contract is conditional upon Buyer's review and approve
175 of the provisions of such loan documents. If written notice of objection to such loan doctments, signed b
17G Buyer, is not received by Seller by the Objection to Existing Loan Documents Deadline (§ 2c), Buye
177 accepts the terms and conditions of the documents. [f the lenders approval of a transfer of the Properly i
178 required, this contract is conditional upon Buyer obtaining such approval without change in the terms of sue
179 loan, except as set forth in § 4c. If lender's approval is not obtained by Approval o[ Loan Tranafia
l80 Deadline (§ 2c), this contract shall terminate an such date. If Seller is to be released from liability uncle
181 such existing loan and Buyer does not obtain such compliance as set forth in § 4c, this contracx may b
182 terminated at Seller's option.
183 6. APPRAISAL PROVISIONS. N/A
184 a. Appraisal Condition. This subsection a. D Shall ®Shall Not apply.
185 ., Buyer shall have the sole option and election to terminate this contract if the PlitfchaSO ~fite{1 GiLGG&Jl
186 the Property's valuation determined by an appraiser engaged by TItO. Gotttl~t sbe~
187 terminate by Buyer giving Seller written notice of termination and either a copy of such appraBaJ of write
188 ~totice.from lender that confirms the Property's valuation is less than the Purchase Price, received oa a
189 beforeA~lpsrnisal Deadline (§ 2c). If Seller does not receive such written notice of termination on or befor
190 Appraisal Deadline (§ 2c), Buyer waives any right to terminate under this subsection.
91 b. Cost of AppralsaL Cost of any appraisal to be obtained after the date of this contract slaw
192 be timely paid by $?:Buyer ^ Seller.
193 i. EVIDENCE OF TITLE.
l94 a. Evidence of Title. On or before Title Deadline (§ 2c), Seller shall cause to bo furnished t
195 Buyer, at Seller's expense, a current commitment for owner's title insurance policy (Title Commitment) in a
amount equal to the Purchase Price, or if this box is checked, ^ An Abstract of title certified to a currer
date. At Sellers expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer e
CIIS 2-7-(14 CONTRACT TO HUY AND SELL REAL ESTATE (COMMERCIAL) Psge 4 of 10
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198 soon as practicable at or after Closing. If a title insurance commitment is furnished, it ~ Shall ^ Shall N~
99 commit to delete or insure over the standard exceptions which relate to:
~0 (1) parties in possession,
O1 (2) unrecorded easements,
202 (3) survey matters,
203 (4) any unrecorded mechanic's liens,
204 (5) gap period (effective date of commitment to date deed is recorded), and
205 (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing.
206 Any additional premium expense to obtain this additional coverege shall be paid by ^ Buyer I
207 Seller.
208 b. Copies of Exceptions. On or before Title Deadline (§ 2c), Seller, at Seller's expense, sht
209 fumishto Buyer and , (l) a cgpy ~.~
210 •~ plats, declarations, covenants, conditions end restrictions burdening the Property,~and (2) if a t(kle i~tulslr~
211 camtnitment is required to be furnished, snd if this box is checked [~ Coplea of upy Other Docllmants (q
2l2 if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Eve11 if the i?G
2l3 is not-checked, Seller shall have file obligation to furnish Q;~.,:: documents pursuant to this subsection
214 reques~~y Buyer any time on ar beforo Document Ret(uest Deadline (§ 2c). This requirement sha
215 pertain only to documents as shown of record in the offices of the clerk and recorder. The abstract or till
216 insurance commitment, together with any copies or sununarics of such documents famished pursuant to thi
217 section, constitute the title documents (Title Documents).
218 c. Survey. On or before Survey Deadline (§ 2c) Q Seller Buyer shall cause Buyer an
219 the issuer of the Title Commitment or the provider of the opi-~ion of title if an abstract, to receive a canner
220 Q Improvement Survey Plat Q Improvement Location Certificate .'^'~,~],~B Survev
221 (the description checked is known es Survey). An amount not to exceed $ ~ , UUU for Survey shall. b
222 paid by ~ Buyer ^ Seller. If the cost exceeds this amount, Buyer shall pay th
223 excess on or before Closing.
224 8. TITLE AND SURVEY REVIEW.
225 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice b
226 Buyer of unmerchantability of title, form or content of Title Commitment or of any other unsatisfactory tiCl
227 condition shown by the Title Documents, notwithstanding § 12, shall be signed by or on behalf of Buyer an
given to Seller on or before Title ObJecNoa Deadline (§ 2c), or within five (5) calendar days after receipt. b
Buyer of any change to the Title Documents or endorsement io the Title Commitment together with a copy c
230 the document adding any new Exception to title. If Seller does not receive Buyer's notice by the dot
23 i specified above, Buyer accepts the condition of title as d isclosed by the Title Documents as satisfactory.
232 b. Matters not Shown by the Public Records. Seller shall deliver t0 Buyer, on or befor
233 Off-Record Matters Deadline (§ 2c) true copies of aU leases and surveys in Seller's possession pectairlirlg t
234 the Property and shall disclose to Buyer all easements, liens (including, without limitation, SoveNmRliiti
235 ~ improvements approved, but not yet installed) or other title ntattr;rs (including, without limitation, w•ights G
236 first refusal, and options) not shown by the public records of which Seller has actual knowledge. ~uyef s>fia;
237 have the right to inspect the Property to determine if any third party has any right in the Property not show
238 by the-public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy;
239 Written ~nmtia of any unsatisfactory condition disclosed by Seller or revealed by such inspection
24D notwithstanding § 12, shall be signed by or on behalf of Buyer and given to Seller on or before Off-Recdri
241 Matters Objection Deadline (§ 2c). If Seller does not receive Buyers notice by said date, Buyer accept
242 title subject to such rights, if arty, of third parties of which Buyer has actual knowledge.
243 c. Survey Review. Buyer shall have the right to inspect Survey. If written notice by or o;
244 behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § Sb or § 12, is receive
245 by Seller on or before Survey Objection Deadline (§ 2c) then such objection shall be deemed ~a
24G unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline
247 2c), Buyer accepts Survey as satisfactory.
248 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TI
249 GENERAL OBLIGATION INDEBTEDNES3 THAT IS PAID BY REVENUES PRODUCED FROM AKNUAI
250 TAX LEVI1:5 ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS I1
25] SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED t11LL LEVIES AND EXCESSIVE TAd
252 IitURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES AR1,`5]
253 RESULTING IN TIIE INABILITY OF SUCH A DISTRICT TO DISCHARGE SCCH INDEBTEDNESI
254 WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DES'
255 FINANCING REQLJIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OI
SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCK DISTRICT SERVICING SUCH INDEBTEDNESS
AID THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
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258 In the event the Property is located within a special taxing district and Buyer deslros to tt7migg
X59 this contract as a result, if written notice is received by Seller on or before OII'•RceArd M+ttt~rti Qpj~ctitl
0 ~~ Deadline (§ 2c), this contract shall than terminate. If Seller does not receive Buyer's ngtioa by such d1sNl
I Buyer accepts the effect of the Property's inclusion in such special taxing district attd waived the right
2G3 terminate.
2G3 .A a Right to Object, Cure. Buyer's right to object shall include, but not be Mtrited to thos
2G4 matters I~ed in § 12. If Seller receives notice of unmerchantability of title or any other unsatisfactory titl
2G5 condition or commitment terms as provided in subsections 8 a, b, c and d above, Seller shall use reasoaabl
2GG efforts to correct said items and boar any nominal expense to correct the same prior to Closing. If sue
2G7 unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing, this contract shat
2G8 then terminate; provided, however, Buyer may, by written notice received by Seller on or before Closih
2G9 waive objection to such items.
270 f. Title Advisory. The Titre Documents affect the title, ownership and use of the Propa
271 and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents rna
272 affect the title, ownership and use of the Properly, including without limitation boundary lines an
273 encroachments, area, zoning, unrecorded easements and claims of easeTrtents, leases and other unrecorde
274 agreements, and various laws and governmental regulations concerning land use, development an
275 environmental matters. The surface estate may be owned separately from the underlyitogmineral estat
27G and transfer of the surface estate does not necessarily include transfer of the mineral rights. Thir
277 pArties may hold interests in oil, gas, other minerals, geothermal energy or water on or under th
278 Property, which interests may give them rights to enter and use the Property. Such matters may
279 excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to al i
280 such matters as there aze strict time limits provided in this contract (e.g., Title Objection Deadline [¢ 2c] t3tt
281 Off-Record Matters Objection Deadline [§ 2c]).
282 4. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include oao or to
283 residential dwellings for which a building permit was issued prior to January I, 1978, this contract shall
284 void unless a completed Lead-Based Paint Disclosure (Sales) form is signed by Seller and l~G t~quiced rGg
285 restate licensees, which must occur prior to the parties signing this contract.
28G 1 D. PROPERTY DISCLOSURE, INSPECTION AND INSURABILITY; BUYER DISCI~QSUR~
287 On or before Seller's Property Disclosure Deadline (§ 2c), Seller agrees to provide Buyer with a writs .
disclos~r~e of adverse matters regarding the Property completed by Seller to the best of Seller's current actual
knowledge.
290 a. Inspection Objection Deadline. Buyer shall have the right to have inspections of th
291 physical condition of the Property and Inclusions, at Buyer`s expense. [f the physical condition of tine
292 Property or inclusions is unsatisfactory in Buyer's sabjective discretion, Buyer shall, an ar before Inspeetit-n
293 Objection Deadline (~+ 2c}:
294 (1) notify Seller in writing that this contract is terminated, or
295 (2) provide Seller with a written description of any unsatisfactory physical condition
29G which Huyer requires Seller to correct (Notice to Correct},
297 if written notice is not received by Seller on or before Inspection Objection Deadline (§ 2c), the
298 physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer.
299 b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller
300 have not agreed in writing to a settlement thereof on or before Resolution Deadline (§ 2c), this contract shill
301 terminate one calendar day following the Resolution Deadline (§ 2c), unless before such termiaation Seller
302 receives Buyer's written withdrawal of the Notice to Correct.
303 c. Insurnbility. This contract is conditioned upon Buyer's satisfaction, in Buyer's subjective
304 discretion, with the availability, terms, conditions and premium for property insurance. This contract shall
305 terminate upon Seller's receipt, on or before Property Insurance Objection Deadline (§ 2c) of Buyer's
30G written notice that such insurance was not satisfactory to Buyer. [f said notice is not timely received, Buyar
307 shall have waived any right to terminate under this provision. ~
308 d. Damage, Liens and Indemnity. Buyer is responsible for payment for all inspectivl~s,
309 surveys, engineering reports or for any other work performed at Buyers request 8nd shall play for arty dlltttt3j~
3 I 0 ~' which occurs tv the Property and inclusions as a result of such activities. Buyer shall not permit GI~&ittt3;Ot
3I I liens of any kind against the Property for inspections, surveys, engineering reports and for any other work
312 performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller harmless
313 From aid against any liability, damage, cost ar expense incurred by Seller in connection with any sut;tt
314 inspection, laim, or lien, This indemnity includes Seller's right to recover all costs and expenses incurred by
3 I S Seller to enforce this subsxtion, including Seller's reasonable attorney and legal fees. The provisions of ti~is
3 I G subsection shall survive the termination of this contract.
11. CLOSING. Delivery of deed from Seller to Buyar shall be at closing (Closing). Closing shall be pn
the date specified as Closing Date (§ 2c) or by mutual agreement at an earlier data. Tha hour and place!of
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Closing shall be as designated by Land Title Guarantee
12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein a
compliance by Buyer with the other terms and provisions Hereof, Seller shall execute and deliver a good a
sufficient general warranty deed to Buyer, at Closing, conveying the Property free and clear of ~
taxes except the genera] taxes for the year of Closing. Except as provided herein, title shall be conveyed fr
and clear of all liens, including any governmental liens for special improvements installed as of the date
Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: ,
a. those specific Exceptions described by reference to recorded documents as reflected in~ t
Title Documents accepted by Buyer in accordance with § Ba (Titlt Review),
b. distribution utility easements,
c. those specifically described rights of third parties not shown by the public records of whip
Buyer has actual knowledge and which were accepted by Buyer in accordance with § Sb (Matters not Shvr
by the Public Records) and § Be (Survey Review),
d. inclusion of the Property within any special taxing district,
e. the benefits and burdens of any declaration and party wall agreements, if any, end
f. other~l/A
~~ 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at
before Closing from the proceeds of this transaction or from any other source. '
14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Gb~
Funds, it respective Closing costs and all other items required to be paid at Closing, except as othen~ui
provided herein. Buyer and Seller shall sign and complete all customary or reasonably, required documents
or before Closing. Fees for real estate Closing services shall be paid at Closing by ~ One-half by Buys
and One-half by Seller ^ Buyer ^ Seller ^ Other ;
The local transfer tax of 1\'/A % of the Purchase Price shall be aid at Closing by ^ One
by Buyer and One-half by Seller ^ Buyer ^ Seller ^ Other Town ofp Vail is exempt f
. Any sales and use tax that may accrue because of this transaction
be paid when due by ^ Buyer~Seller.
15. PRORATIONS. The following shall be prorated to Clasing Date (§ 2c), except as othe
provided:
a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Clc
based on ^ Taxes for the Calendar Year Immediately Preceding Closing ~ Most Recent Mill
and Moat Recent Assessment ^ Other
b. Rents. Rents based on ^ Rents Actually Received ^ Accrued. Security deposits
by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume
leases. N/A
c. Other Prorations. Water and sewer charges; interest on any continuing loan, and
d. Rival Settlement. Unless otherwise agreed in writing, these proratians shall be final.
,, 16. POSSESSION. Possession of the Property shall be delivered to $uyer on Passessipp Date
Posae.salon Tiroe (§ 2c), subject to the following leases or tenancies: See Exhibit A
t,l~eller, a8er Closing, fails to deliver possession as specified, Seller shall be subject to eviction
shall be additionally liable to Huyer for payment of $ 500 per day from the Possession Date (§ 2c) i
possession is delivered.
17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior wr
consent, Except as so restricted, this contract shall inure to the benefit of and be binding upon the h
personal representatives, successors and assigns of the parries.
18. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS. Excel
otherwise provided in this contract, the Property, Inclusions or both shall be delivered in the condi
existing as of the data of this contract, ordinary wear and tear excepted.
a. Casualty Insurance. In the event the Property or Inclusions shall be damaged by fir
other casualty prior to Closing, in an amount of not more than ten percent of the total Purchase Price, S~
shall be obligated to repair the same before the Closing Date (§ 2c). In the event such damage is
repaired within said time or if the damages exceed such sum, this contract may be terminated at the optio
Huyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this cone
despite such damage, Buyer shall be entitled to a credit, si Closing, for all the insurance proceeds resu]
from such damage to the Property and Inclusions payable to Seller but not the owners' association, if
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379 plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the tpta
0 Purchase Price.
1 b. Damage, Inclusions and Services. Should any Inclusion or service (including systkrn
82 and components of.the Property, e.g. heating, plumbing, etc.) fail or be damaged between the date of 1
383 contract and Closing or possession, whichever shall be earlier, then Seller shall be liable far the r~pgi~q
384 ~ replacement of such Inclusion or service with a unit of similar size, age and quality, ar an equivalent cxedit
365 but only to the extent that the maintenance or replacement of such llaclusion, service or fixture is not~hl
386 respo>Zsibility of the owners' association, if any, less any insurance proceeds received by Buyer coverings cl
387 repair placement.
388 G Walk-Through and Verification otCondition. Buyer, upon reasonable notice, shall h~v~
389 the right to walk through the Property prior to Closing to verify that the physical condition of the Propr3rt~
390 and inclusions complies with this contract.
391 l9. KECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Bu~+e~
392 and Seller acknowledge that the respective broker has advised that this document has important 1
393 consequences and has rec~,,...,ended the examination of title and consultation with legal and tax or ot~es
394 counsel before signing this contract. ~~
395 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any nbt~
396 or check received as Earnest Money hereunder or any other payment due hereunder is not paid, honored o~
397 tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, th r
398 shall be the following remedies:
349 a. if Buyer is in Default:
400 ^ (1) Specific Performance. Seller may elect to treat this contract as canceled, i
401 which case all payments and things of value received hereunder shall be forfeited and retained on behal o
402 Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contrac ~
403 being in full force and effect and Seller shall have the tight to specific performance or damages, or both.
404 ~ (2) Liquidated Damages. All payments and things of value received hereunder s
405 be forfeited by Buyer and retained on behalf of Seller aad both parties shall thereafter be released from al
40G obligations hereunder. It is agreed that such payments and things of value are LIQUJDATED DAMAG
407 and (except as provided in subsection c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's fail
408 perform the obligations of this contract. Sailer expressly waives the remedies of specific performance
additional damages.
b. iPSeller is in Default: Buyer nlay elect to treat this contract as canceled, in which cast; al
41 I payments and things of value received hereunder shall be returned and Buyer may recover such damag
412 may be~o~er, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall h v
413 the right to specific performance or damages, or both.
414 c. Costs and Expenses. In the event of any arbitration or litigation relating to this conic
415 the arbitrator or court shall award to the prevailing party all reasonable casts and expenses, including atto e
41G and legal fees.
417 21. MEDIATION. If a dispute arises relating to this contract, prior to ar after closing, and is o
418 resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation i
419 process in which the parties meet with an impartial person who helps to resolve the dispute informally
420 confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before y
421 settlement is binding, The partial will jointly appoint an acceptable mediator and will share equally in h
422 cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the en 'r
423 dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by n
424 parry to the other at the party's last known address. This section shall not alter any date in this contr ,
425 unless otherwise agreed.
426 22. EARNEST MONEY DISPUTE. In the event of arty controversy regarding the Earnest Money d'
427 things of value (notwithstanding any termination of this contract or mutual written instructions), Earn s
428 Money Holder shall not be required to take any action. Earnest Money Holder may await arty proceeding~or
429 at its option and sole discretion, interplead all parties and deposit any money or things of value into a cow~Il o
430 competent jurisdiction and shall recover court costs and reasonable attorney and legal fees.
431 23. TERMINATION. In the event this contract is terminated, all payments and things of v u ~
432 received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to
433 ¢§ I Od, 21 and 22.
434 ~' 24. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved
435 the Colorado Real Estate Commission.)
436
~; A~.,o See Exhibit A
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II~Y,
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25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This agreement oonstilutes the er~tir
c..~.u4ct between the parties relating to the subject hereof, and any prior agreements pertaining ther~tc
whether oral or written, have been merged and integrated into this contract. No subsequent modificatio a
any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made i.
writing and signed by the parties. Any obligation in this contract that, by its terms, is intended to b
performed after termination or Closing shall survive the same.
26. NOTICE, DELIVERY AND CHOICE OF LAW.
a. PhysieaC Delivery. Except for the notice requesting mediation described in § 21, ahd
except as provided in § 266 below, all notices must be in writing. Any notice to Buyer shall be effecti..ve
when received by Buyer or by Selling Brokerage Firm, and any notice to Seller shall be effective wh~n
received by Seller or Listing Brokerage Firrn. i
b. Electronic Delivery. As an alternative to physical delivery, any signed document ~n~
written notice may be delivered in electronic form by the following indicated methods only:$'S Facsimile; t
E-mail ^ None. Documents with original signatures shall be provided upon request of any party. i
c. Choice of Law. This contract and all disputes arising hereunder shall be governed by ~an~
construed in accordance with the laws of the State of Colorado that would be applicable to Colorado
residents who sign acoattact in this state for property located in Colorado. j
27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepte~ i,
writing, by Huyer and Seller, as evidenced by their signatures below, and the offering party receives notice a
acceptance pursuant to § 26 on or before Acceptance Deadline D9te (§ 2c) and Acceptance Deadline T)jrq~
(§ 2c).w If accepted, this document shall become a contract between Seller and Buyer. A copy of ~hi
docume~t,may be executed by each party, separately, and when each party has executed a copy thereof, s~rcl
copies taken together shall be deemed to be a full and complete contract between the parties. i
Date: Date:
Town of Vail, a Colorado Municipal Corp.
Buyer , by: Stanley Zemler Buyer
.4ddress: ~ S ` F d Address:
Vail. Colorado 816 7
Phone N o.: ~7Q-47~-2106 Phone No.:
Fax No.: 97 - 7 - 15 7 Fax No.:
(NOTE:If this offer is being countered or rejected, do not sign this document. Refer to § 28~
Date: Date:
Wend Vail Partneranrp, Ltn.
Seller, by': Gary J. Miller, Managing Seller
Partner
Address; Post Office Box 1884 Address;
~~ Dillon, Colorado t3U4:i5
Phone No.: 970-468-7570 Phone No.:
Fax No.: 970_468-6403 Fax No.:
e~
28. COUNTER; REJECTION. This offer is ^ Countered ^ Rejected.
lnitiale only of party (Buyer or Seller) who countered or rejected offer
END OF CONTRACT
(Note: Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline
2c).
i
BROKER ACKNOWLEDGMENTS. The undersigned Brokers acknowledge receipt of the Ear a :.
Money deposit specified in § 4 and, while not parties to the contract, agree to cooperate upon request i
any mediation conducted under § 21.
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500 The Selling Broker is a ^ Buyer's Agent ^Transaction-Broker in this transaction.
The Listing Broker is a ^ Seller's Agent OTransaction-Broker in this transaction.
503
504 BROKERS' COMPENSATION DISCLOSURE.
505 Selling Brokerage Firm's compensation or canntission is to be paid by ^ Listing Brokerage Firm
506 ^ Buyer ~] Other
507 '~
508 (To be completed by Listing Broker) Listing Brokerage Firm's compensation or commission is to be paid t
509 ^ Seller ^ Buyer ^ Other
slo s~
sll
51 Z Selling Brokerage Firm's Name;
513
514 Dnte;
S15 Broker
516 Address:
517 Phone No.: Fax No.:
518
519
520 Listing Brokerage Firm's Name:
521
522 Date;
523 Broker
524 Address:
525 Phone No.: Fax No.:
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• EXHIBIT A
TO
CONTRACT TO BUY AND SELL REAL ESTATE
BETWEEN ll!~
THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION ("BU . R")
AND
WEND VAIL PARTNERSHIP, LTD. ("SELLER") !
DATED APRIL 12, 2006 ~
I
1. To the extent of any inconsistency or conflict between the t~ ' of t
Exhibit A and the terms of the Contract, the terms of this Exhibit A shall control
2. Buyer recognizes that Seller is not currently the record title o of th
subject real property. Rather, Seller is currently a lessee of that property, wit ~ opti
to purak~se it, which Seller has exercised. The closing date of this Contr c hall b
120 days from the date Buyer approves this Contract, provided, howev r, Sell r
obtains record title to the subject real property prior ko the expiration of 12 ~ ys, th
closing date shall, upon agreement of the parties, be moved to an earlier dot , . ,
3. This Contract is expressly contingent upon Seller obtaining reC ~ ~ title 1
the subject real property within 120 days from the date of acceptance of this ~ ract ~
the Town of Vail. In the event Seller does not obtain record title to the s~u j;, ct re.
property within said 120 days, then this Contract shall be null and void and furthE
effect, and all earnest money shall be returned to Buyer. In addition, in the ~v ;,t of th
failure of this contingency, Seller shall reimburse Buyer in the amount i ` ctuall
incurred for the Phase II Environmental Assessment study and for title ~' surve
expenses, in an amount not to exceed a total of $20,000.
4. This Contract is also expressly contingent upon the Buyer being tisfiE
with the Phase II Environmental Assessment, which it shall obtain at its so e ' st ar
expense (except as set forth in paragraph no. 3 of this Exhibit A). If B ` i$ n
''satisfied, then this Contract shall be null and void and of no further effe t, ' nd tt
earnest money shall be returned to Buyer. ;
e~° The parties acknowledge that the purchase price being paid y uyer
allocated as follows: $1,500,000 for the land and building, and $500;000 t r bury
Seller for various out of pocket expenses (including, by way of illustration o I ,~ for t~
fees, landscaping, retaining walls, and signage), as well as for Seder's furnit r , I ixturf
and equipment. Buyer acknowledges that the cash registers currently Ioc t in tF
building are not owned by Seller, and are not included in this purchas d sa
transaction.
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6. Upon closing, Seller shall lease back the property being tray
Buyer for the period from the date of closing to March 31, 2007, at a mon
$6,000 per month, double net, which shall be pro rated from the date of c
parties acknowledge that the Town of Vail is not liable to pay property tax
included in the monthly rental of $6,000 an allocation for what the property
have been if owned by a private party and this was a triple net lease.
7. This contract is subject to Vail Town Council approval at
2006 ~e~ular meeting.
8. No real estate commission will be paid by or for the Town of
9. The earnest money will be delivered to Land Title within five d~
providing acceptable documentation showing ownership of the real property.
TOWN OF VAIL
By: Stanley Zemler
WEND VAIL PARTNERSHIP
By: Gary J. Miller, Managing
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:7
RESOLUTION NO. 13
Series 2006
A RESOLUTION BY THE TOWN OF VAIL COUNCIL URGING VAILS VOTERS
TO EDUCATE THEMSELVES AND THEN OPPOSE BALLOT ISSUE NUMBER
38 IN THE NOVEMBER 7, 2006 ELECTION.
WHEREAS, the Colorado Secretary of State certified Ballot Issue Number 38 on December
6, 2005; and
WHEREAS, this dramatic proposal would substantially change the historical referendum
process in Colorado; and
WHEREAS, among other things this amendment would expand the referendum powers
towards all local governments including "all enterprise authorities and other governmental entities"
and;
WHEREAS, these enterprises and other governmental entities would be seriously and
detrimentally impacted by such referendum; and
WHEREAS, proposals similar to Amendment 38 have twice before been rejected by the
Colorado voters in both 1994 and 1996 by substantial margins; and
WHEREAS, the proposal is not clearly written and creates with virtually every line of the
proposal numerous practical and legal interpretation questions; and
• WHEREAS, strictest compliance is required against hundreds of governmental districts
which would create a substantial cost to the State even if only complaint based enforcement occurs;
and
WHEREAS, this ballot item would overrule any conflicting State constitution provision, home
rule Town charter and all other state and local laws; and
WHEREAS, the procedures set forth present an unfair playing field in that the Plaintiffs can
recover their attorney's fees but governmental entities have practically no chance of recovering
taxpayers dollars spent on frivolous compliance actions; and
WHEREAS, such broad initiative and referendum rightwould seriously disrupt the operations
of government; and
WHEREAS, Council would be forced to delay local laws from going into effect before a 91
day waiting period had passed; and
WHEREAS, the measure purports to prohibit any future ballot issue rejected by the voters if
the future issue is wholly or mostly similar to the rejected ballot item; and
WHEREAS, Amendment 38 mandates taxpayer financed political advertising in the form of
up to one thousand word statement, for petition proponents. Opponents have not such right under
this ballot item.
• WHEREAS, resulting litigation from the numerous legal challenges caused by Ballot Item 38
will create a serious legal burden for the Colorado Supreme Court, state and local government; and
Resolution No. 13, Series 2006
. ~.
•
WHEREAS, verification of signature protections would deteriorate by the new procedure
proposed by Ballot Item 38; and
WHEREAS, this Ballot Item would severely and negatively impact the operations of Vail.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF Vail,
COLORADO as follows:
Section 1. The Town Council hereby urges citizens to educate themselves on Ballot Issue
Number 38.
Section 2. The Town Council of the Town of Vail further urges citizens to recognize the
severe and disabling effects this Amendment will have on both state and local levels of government.
Section 3. The Town Council urges Vail voters to vote against Ballot Item 38 in the
November 7, 2006 election.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of October, 2006.
•
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U
ATT~ES~':~,
~~~~ ~ ~ -~i~~
L elei D naldson,
own C rk -~OW~
TOWN OF VAIL, COLORADO
Rodne E. Slifer
Y
Mayor of the Town of Vail, Colorado
Resolution No. 13, Series 2006
• RESOLUTION NO. 14
Series of 2006
A RESOLUTION APPROVING AND AUTHORIZING THE WIRELESS BROADBAND
NETWORK AND LEASE AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN
OF VAIL (THE "TOWN") AND CENTURYTEL BROADBAND SERIVICES, LLC
("CENTURYTEL"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE
RIGHTS AND RESPONSIBILITIES OF THE TOWN AND CENTURYTEL IN RELATION
TO PROVIDING ATOWN-WIDE WIRELESS BROADBAND NETWORK.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of Colorado and
the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly
elected and qualified; and
WHEREAS, the Council has determined that a system of wireless broadband high speed
communications will improve the quality of life of Vail residents and guests; improve government,
education and transit services, and facilitate resident and visitor access to such services; help to bridge
the digital divide; create opportunities for businesses located within Vail's borders; and provide
competitive network services; and
WHEREAS, The Town seeks a relationship with CenturyTel in particular, to create aTown-wide
wireless broadband network ("Network"), to install, operate and maintain such Network, pursuant to and
• in accordance with the provisions of this Agreement and with regulations promulgated by the Federal
Communications Commission and all other applicable laws.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO as follows:
Section 1. The Agreement is hereby approved, and the Town Manager is hereby authorized and
directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as
the Town Manager, after consultation with the Town Attorney, considers to be necessary or appropriate in
furtherance of this Resolution.
Section 2. The Town Council hereby finds, determines and declares that this Resolution is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.
Section 3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meting of the Town Council of the~wn
of Vail held this 18th day of July, 2006. ,, ,,!~
~ ~• ~ -
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~~~Farrow Hitt,
Mayor Pro Tem
ATTEST~~
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L~rd(ei D naldson,
Town C rk
Resolution No. 14 Series 2006
RESOLUTION NO. 15
Series of 2006
A RESOLUTION APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL
AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN")
AND COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), WHICH
AGREEMENT PERTAINS TO CERTAIN MAINTENANCE ROTOMILL AND PAVING
ON THE I-70 FRONTAGE ROADS.
•
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of Colorado and
the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly
elected and qualified; and
WHEREAS, the Council has determined that it is advantageous for the Town to enter into this
Agreement with CDOT for the improvement of the I-70 Frontage Roads that will benefit the traveling
public; and
WHEREAS, The Town seeks a relationship with CDOT as described in the Agreement
referenced as 07 HA3 00001 CMS ID 06-171.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO as follows:
Section 1. The Agreement is hereby approved, and the Town Manager is hereby authorized and
directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as
the Town Manager, after consultation with the Town Attorney, considers to be necessary or appropriate in
furtherance of this Resolution.
Section 2. The Town Council hereby finds, determines and declares that this Resolution is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.
Section 3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Vail held this 1S` day of August, 2006.
ATT T: ~~
r ~ nt~~
~,
rele~Donaldson,
Town Clerk
.~~~ :~~ ;
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Rod Slifer,
Mayor
o~jN.OF ~
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..
SEAL
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Resolution No. 14 Series 2006
LJ
RESOLUTION NO. 16
SERIES OF 2006
A RESOLUTION DIRECTING ALL MEMBERS OF THE TOWN OF VAIL POLICE
DEPARTMENT TO COOPERATE WITH THE STATE AND FEDERAL OFFICIALS WITH
REGARD TO ENFORCEMENT OF STATE AND FEDERAL LAWS REGARDING
IMMIGRATION AND FURTHER DIRECTING ALL MEMBERS OF THE TOWN OF VAiL
POLICE DEPARTMENT TO COMPLY WITH THE REQUIREMENTS OF COLORADO
REVISED STATUTES (C.R.S.) § 29-29-103(2)(a); AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the General Assembly of the State of Colorado has enacted legislation designated as
S606-090, setting forth certain policies and regulations regarding immigration; and
WHEREAS, a portion of SB06-090 has been incorporated into the Colorado Revised Statues
(C.R.S.) as C.R.S. § 29-29-103; and
WHEREAS, § 29-29-103(2xa), sets out certain requirements for local peace officers to comply with
concerning immigration; and
• ,
WHEREAS, C.R.S. § 29-29-103 requires the local governing body of each local govemment to pass
a resolution of this type, specifically directing its peace officers to cooperate with state and federal
officials with regards to enforcement of state and federal laws regarding immigration and further
directing its peace officers to comply with the provisions of C.R.S. § 29-29-103(2xa), even though a
resolution directing local police officers to comply with other duly enacted state statutes has never
been required or necessary; and
WHEREAS, the Colorado General Assembly has declared that any loca{ govemment violating
C.R.S. § 29-29-103(1) or (2)(b) shall not be eligible to receive local govemment financial assistance
through grants administered by the Department of Local Affairs until such time as the local
govemment is in compliance with C.R.S. § 29-29-103(1x2}; and
WHEREAS, the Town of Vail desires to comply with C.R.S. § 29-29-103, through the drafting and
adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO
as follows:
Resolution No. 16, Series 2006
•
1. All local peace officers, including, but not limited to, all members of the Town
of Vail Police Department are hereby notified in writing of their duty to cooperate
with State and Federal officials with regards to enforcement of state and federal
laws regarding immigration and further notify in writing of their duties to comply with
the provisions of C.R.S. § 29-29-103(2).
2. A copy of this resolution shall be given to each Vail Police Officer.
INTRODUCED, READ, APPROVED AND ADOPTED this 5~' day of September, 2006.
VA ~ v
~~•OF .... ~C
Rodney E. Slifer,
~=~ ~1,.•~? Mayor of the Town of Vail, Colorado
~. ~
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ATT T: '~~
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~ - ~~
~orelei onaldson,
Town Clerk
•
Resolurion No. 16, Series 2006
• RESOLUTION NO. 17
Series of 2006
A RESOLUTION AMENDING CERTAIN SECTIONS OF THE LIONSHEAD
REDEVELOPMENT MASTER PLAN REVISING THE DETAILED PLAN
RECOMMENDATIONS FOR FUTURE DEVELOPMENT ON THE SKI YARD AND LION
SQUARE LODGE DEVELOPMENT SITES, AS PRESCRIBED IN CHAPTER 5 OF THE
LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, on December 15, 1998, the Vail Town Council (the "Town Council")
adopted the Lionshead Redevelopment Master Plan (the "Master Plan"); and
WHEREAS, the Master Plan was initiated by the Town of Vail to encourage
redevelopment and new development initiatives within the Lionshead Study Area; and
WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the
Master Plan; and
WHEREAS, pursuant to Section 2.8 of the Master Plan, the Lion Square Lodge
has proposed an amendment to the Master Plan; and
WHEREAS, the Town of Vail Planning and Environmental Commission has held
• a public hearing on the proposed amendment on August 14, 2006, and has forwarded a
recommendation of approval of the amendment to the Town Council; and
WHEREAS, the purpose of this amendment is to amend the detailed plan
recommendations for future development of the Ski Yard and the Lion Square Lodge
development sites, as prescribed in Chapter 5, Detailed Plan Recommendations,
Lionshead Redevelopment Master Plan; and
WHEREAS, the Town Council finds that the proposed amendment improves and
enhances the effectiveness of the Master Plan without negatively affecting the goals,
objectives, and policies prescribed by the Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
The Town Council of the Town of Vail hereby amends the Lionshead
Redevelopment Master Plan as follows:
The amendments to the text of the Lionshead Redevelopment Master Plan are
indicated in bold italics (additions) and +taliss (deletions).
C7
•
CHAPTER 5 (in part)
Detailed Plan Recommendations
5.11 Ski Yard
Improvements recommended for the Lionshead ski yard are as follows:
5.11.1 Relationship to the Lionshead Pedestrian Mall
There is a significant grade change between the ski yard and the retail mall. As
suggested in figure 5-15, a better grade transition could be designed at the north
edge of the ski yard to make it a more usable public space and to articulate a strong
linkage between the urban environment of the retail mall and the open environment
of the ski yard.
5.11.2 Skier Bridge
The existing skier bridge is a landmark but needs to be replaced. The new bridge
should be visually compatible with the desired character of Lionshead and wide
enough to separate skiers and pedestrians.
5.11.3 Connections
As depicted in figure 5-15, pedestrian path connections should be provided from the
north end of ski yard and the gondola terminal to the Gore Creek recreation path, the
skier bridge, and the southeast corner of the Lion Square Lodge (location of the KB
Ranch Restaurant).
• 5.11.4 Screening and Landscaping
Lion Square Lodge should be involved in planning enhancements in the ski yard.
Landscaping is desirable to screen the building at the west edge of the yard, but in
the central area would conflict with skier operations and the yard's potential to
function as a village green for community gathering and summer recreation.
5.11.5 Potential Setback Encroachments by Adjacent Property Owners
Since the Ski Yard functions as an outdoor recreation and special events area,
rather than a traditional development site, encroachments within adjacent
property owners' prescribed setback areas adjacent to the Ski Yard may be
considered.
5.12 Lion Square Lodge
The Lion Square Lodge, located at the end of Lionshead Place, occupies two
parcels. The main parcel (phases 1, 2, and 3) borders the ski yard and the Gore
Creek recreation path. The north parcel (phase 4) is located north of the Lionshead
Place cul-de-sac. Several issues arise because of this split configuration.
5.12.1 Traffic Concerns
The primary concern of the Lion Square Lodge property owners is the existing and
potential volume of traffic (both lodging vehicles and delivery vehicles) that accesses
the Vail Associates core site. The current access into the core site passes between
• Lion Square's main and north properties, resulting in an unsafe and poorly defined
connection between the buildings. When the Vail Associates core site is
redeveloped, the mitigation of lodging and service vehicle impacts on the Lion
2
• Square Lodge will be essential. Service vehicles should not be allowed to stage
outside of the core site or to cause visual, audible, or air pollution impacts.
5.12.2 Pedestrian Connection between the Main Building and the North Building
Potential redevelopment must address the need for a clear pedestrian connection
and defined vehicular corridor between the main Lion Square Lodge property and the
north building on the other side of Lionshead Place (see figure 5-16).
5.12.3 Ski Yard Pedestrian Access
The pedestrian path around the north end of the Lion Square Lodge should be
upgraded to provide an attractive and safe pedestrian connection from Lionshead
Place into the ski yard. Because the path is close to the residential units in the
northern end of the Lion Square building, landscaping and other screening methods
will be needed. It is not recommended that this pedestrian access be emphasized,
but only that it be of better quality. The west Lionshead pedestrian portal is more
important as the western point of entry into the core area.
5.12.4 Potential Development and Redevelopment Scenarios
Lion Square Lodge is in need of major exterior renovations or redevelopment.
Figure 5-16 presents a scenario by which the Lodge could add significant density,
enabling the creation of a strong architectural edge to Lionshead Place, a direct
connection between the main and north Lodge properties, and a screened parking
and arrival area. Another redevelopment scenario (not illustrated) entails relocation
of the existing core site access road to a new dedicated access on the north side of
. Lion Square's north building. This would enable redevelopment to connect the
primary Lion Square Lodge building with its north property. Issues associated with
this scenario include the proximity of this new intersection to the adjacent West
Lionshead Circle intersection and the potential for noise and visual impacts on the
south side of the Montaneros property.
5.12.5 Potential Setback Encroachments Adjacent to the Ski Yard
The east property boundary at the Lion Square Lodge is uniquely situated
adjacent to the Ski Yard, rather than another traditional development site.
Since the Ski Yard functions as an outdoor recreation and special events area,
rather than a development site for permanent buildings, these two properties
relate differently than other properties in Lionshead.
The existing Lion Square Lodge is deficient in regard to numerous building
and fire code issues such as accessibility and egress, and any redevelopment
of these buildings should remedy these deficiencies. Since the Lion Square
Lodge abuts the Ski Yard, rather than another traditional development site, an
opportunity exists for redevelopment of the Lion Square Lodge to occur in
response to the existing site conditions rather than in response to the
prescribed setback areas.
Encroachments into the setback areas adjacent to the Ski Yard should be
considered when associated with a comprehensive redevelopment plan to
improve the accessibility, egress, life safety, or other building and fire code
• compliance upgrades for the existing Lion Square Lodge. However, new
structures associated with ademo/rebuild of the Lion Square Lodge should
not be constructed in a setback area.
C]
The Lion Square Lodge owner(s) should acknowledge that any encroachment
into the setback area adjacent to the Ski Yard could have negative impacts to
their residents and guests (noise, reduced privacy, obstruction of views, etc.)
due to the close proximity of activities customary to the use and operation of
the Ski Yard (recreational activities, special events, snow making,
maintenance, etc.) Additionally, the Ski Yard owner(s) should acknowledge
that any encroachment into the setback area adjacent to the Ski Yard may
adversely affect existing below grade improvements and may reduce the
potential future development of the Ski Yard.
Should encroachments into the setback areas adjacent to the Ski Yard be
considered, an alternative means of meeting the purpose and intent of the
setback requirements should be provided. Any alternative to the prescribed
setback requirement should ensure adequate light, air, and open space;
adequate areas for drainage and utilities; adequate separation of buildings and
uses; etc. Special consideration should be made to ensure that adequate
landscaping and buffering is provided. Since encroachments into the setback
areas adjacent to the Ski Yard may have negative impacts; any alternative to
the prescribed setback requirement should be mutually agreeable to the Lion
Square Lodge owner(s), the Ski Yard owner(s), and the Town of Vail. Any
adopted alternative to the prescribed setback requirement should be
memorialized in a legally binding agreement between all three parties.
INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of August,
2006.
~~ ~~ ~5 i~~;~
Rodney Slifer, Mayor, ~bwh of Vail
A~TTES,T:
1 /~
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~~6rel.~i Donal son, Town Clerk
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•
RESOLUTION 18
SERIES OF 2006
A RESOLUTION APPROVING
THE CONSOLIDATED SERVICE PLAN FOR
SOLARIS METROPOLITAN DISTRICT NO. 1,
SOLARIS METROPOLITAN DISTRICT N0.2,
AND
SOLARIS METROPOLITAN DISTRICT N0.3
WHEREAS, pursuant to Sections 32-1-204.5 and 32-1-205, C.R.S., as amended, the
Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District
No. 2, and Solaris Metropolitan District No. 3 has been submitted to the Town Council of the
Town of Vail (the "Council"); and
WI~REAS, pursuant to the provisions of Title 32, Article 1, C.R.S., as amended, the
Council held a public hearing on the Consolidated Service Plan for Solaris Metropolitan District
No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3 on September
19, 2006; and
WHEREAS, the Council has considered the Consolidated Service Plan, and all other
• testimony and evidence presented at the hearing.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO:
1. That the Town Council of the Town of Vail, Colorado, does hereby determine
that the requirements of Sections 32-1-202(2) and 32-1-203(2), C.R.S., relating to the filing of a
Consolidated Service Plan for Solazis Metropolitan District No. 1, Solaris Metropolitan District
No. 2, and Solaris Metropolitan District No. 3 and the requirements of Sections 32-1-204.5,
C.R.S., relating to the hearing by the Council, have been fulfilled in a timely manner.
2. The hearings before the Council were extensive and complete; that all pertinent
facts, matters and issues were submitted; that all interested parties were heard or had the
opportunity to be heazd; and,' that evidence satisfactory to the Council of each of the following
was presented:
a. There is sufficient existing and projected need for organized
service in the area to be served by the proposed special districts.
b. Existing service in 'the area to be served by the proposed special
districts is inadequate for present and projected needs.
•
c. The proposed special districts are capable of providing economical
and sufficient service to the areas they intend to serve.
d. The areas to be included within the proposed special districts have
or will have the financial ability to discharge the proposed indebtedness on a
reasonable basis.
•
3. That the Town Council of the Town of Vail, Colorado, does hereby approve the
Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District
No. 2, and Solaris Metropolitan District No. 3 District, as presented to Council on September 19,
2006.
4. That the ability of the Districts to levy taxes, impose fees or exercise any of the
other functions authorized in the Consolidated Service Plan shall be conditioned upon the
execution of an Intergovernmental Agreement between the Town of Vail General Improvement
District No. 1 and the Districts (acting by and through District No. 1) relating to the operation
and maintenance of the "Public Plaza" (as that term is defined in that certain "Crossroads
Development Agreement," dated July 25, 2006, by and between the Town and Crossroads East
One, LLC).
5. A certified copy of this Resolution shall be filed in the records of the Town and
submitted to the petitioners for the purpose of filing in the District Court of Eagle County.
6. That all resolutions or parts thereof in conflict with the provisions hereof shall be
and the same are hereby repealed.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of September,
2006, at Vail, Colorado.
TOWN COUNCIL OF THE TOWN OF VAIL,
EAGLE COUNTY, COLORADO
Mayor `
Aii~ST:
~~1
Vail own Clerk
1
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-___._.
• SOLMI~~RESO~RFC1405091306 2
0901.0003
• RESOLUTION NO. 19
Series 2006
A RESOLUTION IN OPPOSITION TO THE 2006 BALLOT ISSUE KNOWN AS `TERM
LIMITS FOR SUPREME COURT AND COURT OF APPEALS JUDGES," AMENDMENT 40
TO THE COLORADO CONSTITUTION, THAT WOULD POLITICIZE THE APPELLATE
COURTS AND ADVERSELY IMPACT THE JUDICIAL PROCESS
WHEREAS, an initiated constitutional amendment, Amendment 40 to the Colorado
Constitution, has been certified for consideration by the voters of the state of Colorado at the regular
election to be held on November 7, 2006; and
WHEREAS, Amendment 40 would cause all appellate court judges to be up for reelection at
the general election in 2007 but only if those judges have not then served ten years in office; and
WHEREAS, the effect of Amendment 40 would be to remove from office next year five
supreme court justices and seven court of appeals judges; and
WHEREAS, the effect of Amendment 40 would be to limit the independence of the judiciary
and to politicize their appointment by placing a limit of ten years on the service of any appellate judge,
thereby empowering the governor with the appointment of a majority of the appellate judges after each
general election; and
WHEREAS, the further effect of Amendment 40 would be to deprive this state of the wisdom
and experience of our sitting appellate judges and substitute on-the-job training after each appointment; and
WHEREAS, the further effect of Amendment 40 would be to discourage the most qualified
• trial judges and attorneys from applying for appointment to the appellate bench; and
WHEREAS, the further effect of Amendment 40 would be to cause newcomers to the
appellate courts to be reviewing the decisions of seasoned trial judges, for whom no term limits are
proposed; and
WHEREAS, no other state has placed term limits on the judiciary; and
WHEREAS, the best interests of the Town of Vail and its citizens will not be served by the
attack on the independence and competence of the judiciary contained in Amendment 40.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO as follows:
1. The Council opposes term limits for appellate judges and Amendment 40 on the
ballot for the November 7, 2006, general election.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of October, 2006.
ATTE
• ' Lgrelei,, onaldson, 's`own Clerk
~ j~,..
/E ( lifer ~'
Rodney S ,
,nJ N ~ or of the Town of Vail, Colorado
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•
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Resolution No. 19, Series 2006
. RESOLUTION NO. 20
Series 2006
A RESOLUTION IN SUPPORT OF REFERENDUM I: THE COLORADO
DOMESTIC PARTNERSHIP ACT
WHEREAS, thousand of law-abiding, taxpaying Coloradans are denied basic legal
protections and responsibilities merely because they live in committed, same-sex relationships;
and
WHEREAS, committed same-sex couples are not guaranteed the right to visit a
partner in the hospital, direct his or her care in a nursing home, or to leave their property to whom
they wish upon death; and
WHEREAS, gays and lesbians who die without a will are more likely to have their
property left to the government than to their partner; and
WHEREAS, this November, Colorado voters will have the opportunity to approve
Domestic Partnerships, a registered civil contract between committed same-sex couples; and
WHEREAS, Domestic Partnerships, while not marriage, will provide many, but not
all, of the protections and responsibilities that these couples deserve; and
• WHEREAS, the passage of Referendum I will send a strong signal throughout the
country of Colorado's commitment to fairness and equality for all citizens.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT as follows:
Section 1. The Town of Vail Council does hereby declare its full support of, and urge a
YES vote on, Referendum I: the Colorado Domestic Partnership Act at the General Election on
November 7, 2006.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of October,
2006.
_ ~%
Rodney~!Sllfer,
Mayor of the Town of Vail, Colorado
ATTEST: ~;?:::^; C
.~
~ n •
~/Lo,~elei Donaldson, ~,~ t
Town Clerk ~ ; ~[•
p~~RA~~.
"~
Resolution No. 20, Series 2006
•
RESOLUTION NO. 22
SERIES 2006
A RESOLUTION DECLARING THE INTENT OF THE TOWN OF VAIL TO
ACQUIRE A FEE SIMPLE INTEREST IN THE PROPERTY LOCATED AT 2399
NORTH FRONTAGE ROAD WEST FOR FIRE PROTECTION FACILITIES,
FURTHER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE
SAID PROPERTY INTEREST, AND AUTHORIZATION TO INITIATE AN
ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY IN THE
EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT IN AN AGREEMENT
TO ACQUIRE SAID PROPERTY INTEREST.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado,
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council (the "Council") of the Town of Vail have
been duly elected and qualified; and
WHEREAS, the Council has determined that it is in the public interest to expand its fire
• protection facilities; and
WHEREAS, acquisition of the property interests with a street address of 2399 North
Frontage Road West and legally described as Parcel A, a resubdivision of Tract D, a
resubdivision of Vail Schone Filing 1, Town of Vail, Eagle County, Colorado (the "Property"), is
necessary for the purposes described above; and
WHEREAS, the Town has negotiated in good faith with the record owner of the Property
and others having a recorded interest in the Property; and
WHEREAS, negotiations to purchase the Property have, to this point, been
unsuccessful; and
WHEREAS, it is necessary for the Town to acquire possession of the property in order to
expand facilities for fire protection services; and
WHEREAS, the Town Council has determined that it is necessary to acquire a fee
simple interest in the Property, and that, in the event that good faith negotiations do not result in
voluntary granting of the Property, it is necessary that the Town acquire said interest in the
Property through the use of the Town's power of eminent domain as provided for in the Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL THAT:
1. The Council hereby finds that it will serve a public purpose to expand facilities for
• fire protection facilities. The Town Council further finds that it is necessary to acquire the
Property to achieve said public purpose.
Resolution No. 22, Series 2006
• 2 . The Council hereby declares its intent to acquire the Property from the record
owner and all others having an interest therein.
3 . The Council specifically authorizes that negotiations between the Town and the
owner of the Property continue in good faith, but in the event such negotiations are
unsuccessful, acquisition of the Property from the record owner thereof and all other owners
having an interest therein, through use of the Town's powers of eminent domain, is hereby
authorized.
4 . Malcolm M. Murray of Murray Dahl Kuechenmeister & Renaud LLP, shall be
retained as Special Counsel to the Town for the purpose of representing the Town in the
condemnation of the Property and related matters.
5 . A copy of this Resolution Number 22, Series of 2006, shall be forwarded to the
record owner of the Property and all other persons having an interest in the Property.
INTRODUCED, READ, APPROVED AND ADOPTED this 21St day of November, 2006.
/~ ~, ~ i
Rodney E. Slifer, Mayof '
ATTEST:
•
~l. .~~
L ,Town rk, p(,p~
Resolution No. 22, Series 2006
• RESOLUTION N0.23, SERIES 2006
A RESOLUTION APPROVING A BUDGET AND MAKING APPROPRIATIONS
TO PAY THE COSTS, EXPENSES AND LIABILITIES OF THE VAIL LOCAL
MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2007
THROUGH DECEMBER 31, 2007.
WHEREAS, the Town Council received and approved the operating plan and
budget for the fiscal year 2007 on December 5, 2006; and
WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing
has been published; and
WHEREAS, notice of this public hearing to consider the adoption of the proposed
Vail Local Marketing District budget was published in the VAIL DAILY on the
28th day of November, 2006; and
NOW THEREFORE, LET IT BE RESOLVED by the Vail Local Marketing
District of Vail, Colorado, as follows:
• The Vail Town Council approves the submitted budget and appropriates $1,690,000
marketing related expenditures beginning on the first day of January, 2007, and
ending on the 31St day of December, 2007.
Attested:
Signed:
~.
f.~ ,~....._
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~/ ~ Rodney E.'~lifer, M yor `
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.SEAL
~•.
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RESOLUTION NO. N0.24
Series of 2006
A RESOLUTION FOR APPROVING THE CROSSROADS REINVESTMENT PLAN AND
FINDING THAT THE CROSSROADS URBAN RENEWAL AREA IS A BLIGHTED AREA,
DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT
PURSUANT TO THE URBAN RENEWAL PLAN, AND FINDING THAT THE ACQUISITION,
CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT
OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF
THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE
TOWN OF VAIL.
WHEREAS, an urban renewal plan for the Crossroads Area has been submitted to the
Town Council of the Town of Vail for appropriate action pursuant to Part 1 of Article 25 of Title
31, C.R.S.; and
WHEREAS, the Crossroads Area which is subject to the Crossroads Reinvestment Plan
is described in Figure 1 of the Crossroads Reinvestment Plan; and
WHEREAS, the Town Council of the Town of Vail adopted the Vail Village Master Plan
which is a component of the Vail Comprehensive Plan, and
• WHEREAS, the Crossroads Reinvestment Plan has previously been submitted to the
Town of Vail Planning and Environmental Commission for its review and recommendations as
to conformity with the Vail Comprehensive Plan pursuant to C.R.S. §31-25-107(2); and
WHEREAS, the Town of Vail Planning and Environmental Commission has determined
that the Crossroads Reinvestment Plan does conform to the Vail Comprehensive Plan; and
WHEREAS, no property in the Crossroads Urban Renewal Area has been included in an
urban renewal plan previously submitted to the Town Council of the Town of Vail; and
WHEREAS, the Town Clerk of the Town of Vaif has published the notice of the time,
place, and purpose of the public hearing to consider the adoption of the Crossroads
Reinvestment Plan in the Vail Daily in conformance with C.R.S. §31-25-107(3); and
WHEREAS, the Town Council of the Town of Vail has provided written notice of the
public hearing to consider the adoption of the Crossroads Reinvestment Plan to property
owners, residents, and business owners within the proposed Crossroads Urban Renewal Area
at their last known addresses in conformance with C.R.S. §31-25-107(4)(c); and
WHEREAS, the Eagle County Commissioners have received notification of and copies
of the Crossroads Reinvestment Plan as well as such additional information as is required by
C.R.S. §31-25-107(3.5); and
• WHEREAS, no more than one hundred twenty days have passed since the
commencement of the first public hearing of the urban renewal plan.
• WHEREAS, the Town Council of the Town of Vail has considered the Crossroads
Reinvestment Study prepared by Matrix Design Group; and
WHEREAS the Vail Town Council believes that any condemnation by the Vail
Reinvestment Authority should be undertaken with the concurrence of the owner of any fee
interest to be condemned; and
WHEREAS, Town Council of the Town of Vail has conducted a public hearing and
considered the public testimony received.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL THAT:
1. Blight, as defined by C.R.S. §31-25-103(2), is present in the Crossroads Urban
Renewal Area as documented by the Crossroads Reinvestment Study prepared by Matrix
Design Group and based on evidence presented at the public hearing and as reflected in the
Crossroads Reinvestment Plan. The following blight factors are present in the Crossroads
Urban Renewal Area: slum or deteriorated structures, unsanitary and unsafe conditions,
unusual topography or inadequate public improvements or utilities, defective or unusual
conditions of title rendering the title unmarketable, and buildings that are unsafe or unhealthy for
people to work or live in.
2. Pursuant to C.R.S. § 31-25-1-3(2)(I), the owners of all property within the Crossroads
• Reinvestment Area have advised the Town Council that they do not object to the designation of
blight for the Plan Area based the presence of one blight condition.
3. The Crossroads Urban Renews! Area as shown in Figure 1 of the Crossroads
Reinvestment Plan is a blighted area and is appropriate for an urban renewal project pursuant
to Part 1 of Article 25 of Title 31, C.R.S.
4. The boundaries of the Crossroads Urban Renewal Area have been drawn as narrowly
as feasible to accomplish the planning and development objectives for the Crossroads Urban
Renewal Area.
5. The Crossroads Reinvestment Plan conforms to the Vail Comprehensive Plan, which
is the general plan for the development of the Town of Vail.
6. There exist feasible methods for the relocation of individuals and families and
business concerns in accommodations or areas suitable for their relocation and meeting the
required standards under C.R.S., § 31-25-107 (4)(a) and (b).
7. The Crossroads Reinvestment Plan will afford maximum opportunity, consistent with
the sound needs of the Town of Vail as a whole, for the rehabilitation or redevelopment of the
Crossroads Reinvestment Plan consistent with the Comprehensive Plan by private enterprise.
8. The acquisition, clearance, rehabilitation, conservation, development or
redevelopment or a combination thereof of the Crossroads Urban Renewal Area pursuant to the
• Crossroads Reinvestment Plan is necessary in the best interests of the public health, safety,
morals, and welfare of the citizens of the Town of Vail.
MUR\58179\435461.01 2
L~
9. The Crossroads Reinvestment Plan is hereby approved.
INTRODUCED, READ, APPROVED AND ADOPTED this 19`h day of December, 2006.
~~~_~
Rodney Slifer, May ,Town of Vail
•
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ATTEST:
~ ~, / 6~
i ~ (~: 1.
~L~fele~Donaldson, Town Clerk, Town of Vail
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MUR\58179\435461.01 3
•
Resolution No. 25, Series of 2006
(Did not go before Council)
.7
RESOLUTION NO. 26
• Series of 2006
A RESOLUTION ADOPTING BY REFERENCE C.R.S. § 2418-104, AS
APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES, INCLUDING
INDEPENDENT CONTRACTORS WITHIN THE TOWN OF VAIL
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, on November 7, 2006, the voters approved Amendment 41 on the statewide
general election ballot; and
WHEREAS, Amendment 41 adopts a new Article XXIX of the Colorado Constitution
entitled "Ethics in Government"; which article deals in detail with receipt of gifts and things of
value by, and lobbying and ethical principles applicable to public officials; and
WHEREAS, by its terms, Amendment 41 applies to local government officials and
employees, including those of the Town; and
• WHEREAS, Section 7 of Amendment 41 provides that home rule municipalities may act
by charter, ordinance or resolution to adopt regulations on the subjects covered by
Amendment 41, which regulations may be more or less stringent than those contained in
Amendment 41; and
WHEREAS, the Charter at Section 3.7 and the Town's Municipal Code at Section 1-5-7
presently address only conflicts of interest; and
WHEREAS, the Council wishes to act by resolution, as permitted by Amendment 41, to
adopt regulations addressing the matters covered by Amendment 41; and
WHEREAS, the Council is of the opinion that C.R.S. § 24-18-104, as such statute
presently exists on the effective date of this Resolution, contains appropriate restrictions on the
matters covered by Amendment 41; and
WHEREAS, the Council finds that it is in the best interests of the public officers and
employees of the Town that such requirements be confirmed as applicable within the Town
rather than the requirements contained in Amendment 41, all as permitted by Amendment 41
itself.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Vail, Colorado:
Section 1. C.R.S. & 2418-104 Adopted by Reference. Pursuant to the Authority
• vested in it by Article XXIX, Section 7 of the Colorado Constitution, Article XX, Section 6 of the
Colorado Constitution, the Council hereby adopts by reference C.R.S. § 24-18-104, as such
Resolution No. 26, Series 2006
statute presently exists as of the date of this Resolution, as a binding regulation applicable to all
. elected and appointed officials, employees and independent contractors within the Town, as
more fully described in said statute. A true and correct copy of C.R.S. § 24-18-104 as adopted
hereby is attached hereto as Exhibit A and fully incorporated herein by this reference.
Section 2. Comalaints: Enforcement: Penalty,. The Council shall have exclusive
authority for enforcement of this Resolution. All complaints hereunder shall be filed with the
Council within one (1) year after the date of the alleged violation. The Council shall take such
action and impose such penalty, if any, thereon as it deems appropriate. Final action by the
Council shall be final action by the Town on the matter.
Section 3. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, PASSED AND ADOPTED BY A VOTE OF THE COUNCIL OF THE
TOWN OF VAIL AS A RESOLUTION AND ORDERED PUBLISHED THIS 19th DAY OF
December, 2006
f~~ ,,
Rodne E. Slur, ~or
Y Y
ATTE T:
~6rele' Donaldson, Town Clerk
•
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Resolution No. 26, Series 2006
EXHIBIT A
C.R.S. § 24-18-104
24-18-104. Rules of conduct for all public ofFicers, members of the general
assembly, local government officials, and employees.
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty and the public trust. A
public officer, a member of the general assembly, a local government official, or an
employee shall not:
(a) Disclose or use confidential information acquired in the course of his official
duties in order to further substantially his personal financial interests; or
(b) Accept a gift of substantial value or a substantial economic benefit tantamount to
a gift of substantial value:
(I) Which would tend improperly to influence a reasonable person in his position to
depart from the faithful and impartial discharge of his public duties; or
(II) Which he knows or which a reasonable person in his position should know under
• the circumstances is primarily for the purpose of rewarding him for official action he has
taken.
(2) An economic benefit tantamount to a gift of substantial value includes without
limitation a loan at a rate of interest substantially lower than the commercial rate then
currently prevalent for similar loans and compensation received for private services
rendered at a rate substantially exceeding the fair market value of such services.
(3) The following shall not be considered gifts of substantial value or gifts of substantial
economic benefit tantamount to gifts of substantial value for purposes of this section:
(a) Campaign contributions and contributions in kind reported as required by section
1-45-108, C.R.S.;
(b) An occasional nonpecuniary gift, insignificant in value;
(c) A nonpecuniary award publicly presented by a nonprofit organization in
recognition of public service;
(d) Payment of or reimbursement for actual and necessary expenditures for travel
and subsistence for attendance at a convention or other meeting at which such public
officer, member of the general assembly, local government official, or employee is
• scheduled to participate;
Resolution No. 26, Series 2006
(e) Reimbursement for or acceptance of an opportunity to participate in a social
• function or meeting which is offered to such public officer, member of the general
assembly, local government official, or employee which is not extraordinary when
viewed in light of the position held by such public officer, member of the general
assembly, local government official, or employee;
(f) Items of perishable or nonpermanent value, including, but not limited to, meals,
lodging, travel expenses, or tickets to sporting, recreational, educational, or cultural
events;
(g) Payment for speeches, appearances, or publications reported pursuant to
section 24-6-203;
(h) Payment of salary from employment, including other government employment, in
addition to that earned from being a member of the general assembly or by reason of
service in other public office.
(4) The provisions of this section are distinct from and in addition to the reporting
requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an
incumbent in or elected candidate to public office from reporting an item described in
subsection (3) of this section, if such reporting provisions apply.
•
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Resolution No. 26, Series 2006