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Home My WebLink About2007 Resolutions • RESOLUTION NO.1 SERIES OF 2007 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(2}(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town • Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boazds at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of January, 2007. Rodney E. Slifer, Mayor ATTEST: ~ SOWN O J ,y Lori Donaldson, Town Clerk ~Zi r z 00`O RADO . I • RESOLUTION N0.2 Series of 2007 A RESOLUTION ADOPTING ART IN PUBLIC PLACES TEMPORARY ART PROGRAM; AND SETTING FORTH 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 Council has determined that artwork enriches the community by providing an outdoor art exhibition and creates an opportunity to showcase the sculpture of local galleries that choose to participate in the program; and WHEREAS, a Temporary Art Program will allow artists and galleries to place artwork on Town owned property for a period of one year and for a fee of ONE THOUSAND DOLLARS ($1,000.00); and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. • The Art in Public Places Temporary Art program dated March 1, 2007 is hereby adopted and shall be kept on file in the office of the Town Clerk and may also be amended from time to time by 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, READ, APPROVED AND ADOPTED this 2nd day of January, 2007. / Rodney E` Slifer, Mayor ~!L ~ Lore on son, Town Clerk, Town of Vail N OF V ~oya...........,q~ r • SEAL •~o .....••oo ~ORP Resolution No. 2, Series 2007 • ATTACHMENT A ART IN PUBLIC PLACES TEMPORARY ART PROGRAM GUIDELINES DATED MARCH 1, 2007 1. The Art in Public Places Board shall review all applications once a year. Applications can be obtained from the Art in Public Places Coordinator. 2. The Board, at their discretion, may accept or reject the application for any reason, including public safety, subject matter, medium or to meet the goals of the program. 3. Temporary Art Application deadlines shall be March 1, beginning March 2007. 4. An annual fee of One Thousand Dollars ($1,000.00) will be charged to the artist and galleries to lease a Town owned space. The following is a revised list of temporary exhibition sites: a. South side of the Vail Transportation Center between the west and • central entrances. b. Gore Creek Promenade (3 possible spaces). c. Landscape plaza between the Town Library and Dobson Ice Arena. d. Willow Park. e. International Bridge (4 possible corners). f. Planter at east end of East Lionshead Circle. g. Applicant's suggestions. 5. All artwork shall be installed in the month of May. The applicant shall be responsible for the installation and all required signage. 6. These guidelines may be amended from time to time by resolution of the Town Council. • • RESOLUTION N0.3 Series of 2007 RESOLUTION 3, SERIES OF 2007, A RESOLUTION TO AMEND CHAPTER 7, DEVELOPMENT STANDARDS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, TO ADDRESS CONFLICTS WITH THE ZONING REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Town of Vail Planning and Environmental Commission has held a public hearing on the proposed amendment on January 8, 2007, and has forwarded a recommendation of approval, with modifications, of the amendment to the Town Council; and WHEREAS, the u ose of this amendment is to remove an confusion between p rp Y • the Lionshead Redevelopment Master Plan and the Zoning Regulations; 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 (additions), e#~ileeagp (deletions), and italics (change to grey text). However, all insertions, deletions and text color changes will remain in the Lionshead Redevelopment Master Plan as shown below (with bold and strikethrough) in order to track the history of the changes. • 1 • Chapter 7: Development Standards The intent of this Chapter was to outline recommended development standards for zoning in the Lionshead Redevelopment Master Plan study area. Since the inception of this plan, the Lionshead Mixed Use 1 and 2 Districts have been established in the Zoning Regulations, which outline development standards for these districts. Therefore, this Chapter remains for historical reference purposes only. This section outlines recommended development standards far private property in the Lianshead study area. In same cases, impler»entatian of these standards will require revision of appiicabte provisions in the Town of Vail zoning regulations. Adoption of special provisions far redeveiopment of properties that already violate existing development standards should also be considered. !t is critical to Hate that alt of the fallowing recommended standards apply equally as future projects are reviewed for compliance. When one standard is more restrictive than another, that is the standard that shall be the limiting factor. These standards do not represent entitlements ir7 any way. Far example, if the GRFA ratio of a project cannot be met after the buNding height setback, and other architectural guideline standards have been applied, then that project is not entitled to the maximum allowable GRFA. In this case, the quantitative and qualitative standards of the architectural design guidelines would take precedence aver the potential GRFA allocation. 7,1 Landscape Area The master plan does not recommend rnadificatian of this standard far Lionshead. The Town's current standard, which applies to the majority of sites in Lionshead, requires that at least 2tl ma of a parcel be landscaped. This standard should be flexible far properties along build-ta Nnes and in the pedestrian retail care area so they maybe able to decrease planted area and increase handscape r`n order to create the functional pedestrian corridors and spaces outlined in the master plan. This potential reduction of landscape area is Hat a right ar~d should require tl~e apprava! of the Planning and Enviranrnental Carnmissian. 7.2 Site Coverage The master plan does Hat recommend changing this standard. The Town's current standC~rd, which applies to the majority of sites in Lianshead, prohibits site coverage by structures in excess of 70°% the area of a site. This standard should be flexible for properties along build-ta lines and in the pedestrian retail care area sa they maybe able to increase site coverage as required to create the functional pedestrian carridars and spaces outlined in the master plan, This potential increase in site coverage is not a right and should require the approval of the Plannr"ng and Environmental Commission. Below-grade development is Hat-caunte~! av site-coverage. 7.3 Setbacks The master plan does Hat recommend changing this standard. The current setback requirement on the majority of sites in Lianshead is 10 feet from the • property line on all sides. This requirement shall be waived in areas with 2 • designated build-fo lines, and leeway should be considered in areas of significant hardship that otherwise meet the intent of the master plan and da not negatively impact adjacent properties. 7.4 Gross Residential Floor Area (GRFA) An important component of the Lionshead Master Plan process was the analysis of GRFA's effectiveness as a teal far insuring the quality of architecture and the built environment within Lionshead. 1n short, the masterplan team found that GRFA was not effective as a primary means of providing for architectural quality. Based on this finding it is the conclusion of the master plan learn that GRFA should not be the primary means of regulating building size. Ta accomplish this, one of two options must be pursued, First, GRFA could be eliminated. Secondly, fhe GRFA ratio could be increased so that it functions as a safety valve fa insure that buildings da not exceed the maximum residential floorplafe area that would otherwise be allowed according fo fhe criteria of the architectural design guidelines. It this secarrd course of actiar7 is pursued, the fallowing recammendatians are made: a. The retie of Grass Residential Floor Area (GRFA) to lot area should be increased an all properties within Lionshead, excluding the residential properties south of Gore Creek, sa that the site and architectural design guidelines, not GRFA, are the primary building size and mass constraint. b. The method of calculating GRFA should be greatly simplified and changed to include common space sa that basic floor plate area calculations will SUfffce. • 7.5 Density (DweNing Units Per Acre): The allowable density of development in fhe study area should be increased to provide ample incentive and create the financial mechanism for redevelopment of properties. Additional cansiderafion must be given to existing properties that currently exceed fhe density limitations. A model developed during the master planning process showed that an increase of at least 33°% aver existing zoning or existing dwelling units on a given site wautd be needed fa make redevelopment an attractive option. In order fa encourage the development of live beds or warm beds in Lionshead, fhe master plan reeamrnends That accommadatian units, hotel rooms and fractional ownership units not be counted in fhe calculation of density. Further, because it is a carnmvnffy goal to increase the number of permanent residents in Lionshead, employee housing units That are deed restrr'cted far local employees should not taunt toward density. 7.6 New Unif Definition The master plan recarnmends that fhe zanir7g regulations be modified to include "lodge unit" as an additional definition of a residential unit. This product is defined as a small cortdorninivm dwelling unit with limited kitchen and floorarea. (The flaararea usually averages less than 650 sq. ft.) Units of thr"s small size are most likely to be in short-term rental pools, with occupancy rates similar to those far hotel rooms. Because an increase in tl~e chart-term bed base in Lionshead is a key objective, fhe planning Team recommends that lodge units count as one- • quarter of a normal dwelling unit (i.e. 4 lodge units count as one dwelling unit). 3 • Further, it recommends that units of this size in existing praperfies be treated as lodge units far the purpose of calculating density. 7, 7 $tlliding Height This standard is addressed in the Architectural Design Guidelines (see chapter 8). INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of January, 2007. Rodney Slifer,lVlayor, wn of Vail ATTEST: - ~ , / i ~ % ~ ~~'~-GC%~~- - ~ ; ~~r ~eleit5onaldson, Town Clerk GJ ~o .o •....•~OQ~t • CO • 4 • RESOLUTION N0.4 Series of 2007 RESOLUTION 4, SERIES OF 2007, A RESOLUTION TO AMEND CHAPTER 4, RECOMMENDATIONS -OVERALL STUDY AREA AND CHAPTER 5, DETAILED PLAN ' RECOMMENDATIONS, LIONSHEAD REDEVELOPMENT AMSTER PLAN, PUSUANT ' TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, TO INCLUDE TWO NEW PARCELS ~ AND AMEND THE TEXT OF THE MASTER PLAN FOR THE AREA IDENTIFIED AS "WEST LIONSHEAD", AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Town of Vail Planning and Environmental Commission has held a public hearing on the proposed amendment on December 11, 2006, and has forwarded a recommendation of approval, with modifications, of the amendment to the Town Council by a vote of 4-1-0 (Dewitt opposed); and • WHEREAS, the purpose of this amendment is to include two new parcels and amend the text of the Master Plan for the area identified as "West Lionshead" to facilitate the redevelopment of the area and creation of a new portal to the mountain; 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 (deletions). 1 • include high density fea~esta#e residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use h~~u~,b is ski lift access fo Vail Mountain. 'tC:f~ Q yea: Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a apps catalyst for an gretdad structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard ~iN could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard fo a new location in • the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. 4.5 Public Transportation An efficient transit system is critical to the character and environmental quality of any pedestrian-oriented resort. Goals identified by the master plan regarding transit include: 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, the Vail Associates service center, the sanitation plant, ~ the Holy Cross lot, the former gas station site, the Vail Professional Building, and Cascade Crossing. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town of Vail +e-tewe transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (1200 feet). " , ~~#his-yea: With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and 3 i • interconnections to other portals will be critical to develop in the future. In addition, the update of the Vail Transportation Master Plan shall provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viable fo redevelopment as it would be within the acceptable walking distance of a lift (1,200 feet). 4.5.2 Maximum Efficiency and Utilization The following recommendations are made to enhance the efficiency and functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: 4.5.2.1 Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul-de-sac, be relocated to the proposed north day lot transportation center. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to • locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop-off, private shuttle vans and Town of Vail in-town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and/or the type of transit facilities That may be necessary in West Lionshead. 4.6 Vehicular and Pedestrian Circulation 4.6.1 Interstate Highway 70 I-70 is the primary vehicular circulation corridor for the Vail Valley • and is critically important to the economic health of the Vail community. It does, however, create both a visual and physical 4 • division between the south and north sides of Vail, as well as consuming a significant amount of land. As Vail continues to grow over time it is strongly recommended that the ideas of potentially burying or bridging 1-70 through the Town of Vail be studied and the potential benefits and impacts considered. Specifically, consideration should be given to securing the air-rights over 1-70 so that future development and circulation scenarios are not precluded. 4.6.2 South Frontage Road Recommendations outlined below address potential re-alignment of portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the traffic impact study contained in appendix A. Figure 4-9 depicts potential redevelopment without the realignment of the Frontage Road while Figure 49a depicts redevelopment with a partial realignment of the Frontage Road. 4.6.2.1 Potential Realignment The concept of realigning the South Frontage Road at the western end of fhe study area grew out of public discussions about land development and traffic flow in Wesf Lionshead. Relative to traffic flow, realignment will • remove the conflict that now exists between through- traffic and mountain service vehicles (snow-cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning movements. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4-9a, and it would be necessary if the service yard property is used for a secondary ~-public parking ~e facility or other uses. Any existing parking on the West Day Lot must be replaced within the Lionshead study area. Through the Transportation Master Plan update it is anticipated that a significant traffic control device will need to be installed in the West Lionshead area. Such a device may include a round about. 5 • Specific considerations regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4-9a. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. Cooperation between property owners, developers, the Town of Vail, and the Colorado Department of Transportation will be necessary to implement the realignment of the Frontage Road. b. West Lionshead Circle Connection It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4-9a terminates perpendicular to the frontage road and does not require the acquisition of private property. Anew parcel of developable land, suitable for offices or non- resort retail, would be created on the southeast corner of this intersection. ~ . c. Forest Road Connection Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connecting at right angles to the frontage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right of-way. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the existing alignment of the frontage road. This connection is necessary to provide athrough- transit route to the west end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, potentially including the • widening or reconstruction of the bridge over Red Sandstone Creek. The cost of realigning the frontage ~ 6 road is in addition to the mandatory costs of • improving the road. !de , s:~~ts~--mill-die--lestit. .1a ,aye' a tlFi~ a~66fh~ t£ ~ ci~#ua flNfa ~1:, s . ~ a 8~~ ~ "~4i ~ f. Future Frontage Road Re-alignment The opportunity may exist to re-locate the Frontage Road the full length of the West Lionshead planning area. The benefit of this a/ternative would be to eliminate the "Frontage Road barrier" between the Holy Cross site and the Vail Professional Building. While this alternative would require coordination with other surrounding land owners, it could warrant further study and evaluation in the future. 4.6.7 Simba Run Underpass Currently the Town of Vail has only two north/south access points between the North Frontage Road and South Frontage Road between Main Vail and West Vail. /t has been contemplated that an additional north/south connection be established west of Cascade Crossing. The potential need for this underpass may be accelerated as a result of the Town's redevelopment plans for Timber Ridge, West Vail and West Lionshead. The redevelopment of the West Lionshead area should be done in a manner that encourages this new connection to be established in the future. It is recommended that the proposed amendments to the Vail Transportation Master Plan provide direction on when public improvements on the Frontage Road need to occur and how • they are paid for between public and private funds. The current boundaries of the Lionshead Urban Renewal 7 Authority should be amended io include the location of the Simba Run underpass. 4.8 Parking 4.8.3 Public Parking 4.8.3.3 Potential New Parking Sites To respond to the projected parking demand increase discussed in the traffic study, it is strongly recommended that all town-wide parking opportunities be examined or re-examined prior to any final planning or parking construction. Specific public parking opportunities in Lionshead include: a. Lionshead Parking Structure The existing Lionshead parking structure is a logical location for expanded public parking because it is already owned by the Town of Vail. Also, the structure is conveniently located between the proposed civic center on the east and the main portal to the Lionshead pedestrian mall on the west. No other location offers visitors such ease of access. A self-ventilating split deck structure, the garage has six half decks, each holding approximately 200 vehicles (1,200 spaces in total). The addition of one complete level would increase the structure by 400 spaces, two complete new levels by 800 spaces. Snow removal is an issue in the addition of new decks. The top deck of the structure is cleared manually with front-end loaders. Additional decks will make it impossible to continue this method, as the internal dimensions of the structure will not accommodate front- end loaders. In addition, the construction of a new delivery staging area on the west end of the structure will remove the snow storage area presently used. Alternatives include heating the upper deck, providing for an alternate snow removal access road to the upper deck, and construction of a roof over the entire structure. Public input during the master plan process has indicated the importance of the eastward view, across the top of the parking structure, toward the Vail Village as motorists travel east along the South Frontage Road and I-70. Future expansion plans of the Lionshead parking structure should consider the potential impacts expansion could have on this view plane. • 8 Also an issue is the necessary structural reinforcement of the existing facility to support the weight of additional decks. b. West Lionshead The construction of a new public parking st~st~r~e facility at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound I-70 access ramps. The viability of a new public parking facility in this location would be enhanced by bringing lift service to this area. The construction of a new public parking facility would address the existing deficiency of off-street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated that the new public parking structure would contain a approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vail Transportation Plan should provide final • direction on the location and quantity of additional public parking spaces in the Town of Vail. The location of additional public parking should consider where parking is most optimal for both guests and employees, year round utilization, mountain operations, and overall traffic circulation. ~ete~ial • ± a~-~ersl~p. . ~Issesia~e~~ a~ f. p Q p of a ~+~s#ere, a belew- ~ads fasiliti~ :nGfease a. • ~ir~;rag-iss~,~ 9 • + v66~ .~iey'r: . ~pl9jf@C '~9H6fR~' ~lif9ElQ~~; ."-e~91f9/9~A6F~ 9A--f#a9 ~ a~-e~-Wey~-mess ~sfte. s west ~ 9epet~e4r~'-ep E 4 l ~ • 1 ~1s"~Y'/C + ` . . ' • ~ r Q ~1~95~-61E1~1Q' rt, as--f#~i~y ala~le ~a s~ i~p~9~6~fiQ`3 . • a • , E a8 Sa~i9 • ~e~ve~ie+~se. Given the his location fora this ~jer parking ~s#~st~re facility, it had been assumed that ~~ve regular transit or shuttle service would be necessary because of its distance from the retail core area and the ski yard (greater than a 1200-foot walking radius). However, the /ocaton of the parking structure would be proximate to the new lift and as such the need for regular shuttle service would be minimized. However, some provisions for bus stops and/or a Transit facility should be considered for the parking structure. 4.9 Housing 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map W). • 10 4.9.4.3 Vail Associates Service Yard a Holy Cross Site, • Vail Professional Building, Cascade Crossing, North Day Lot, and the former gas stafion site All redevelopment in Wesf Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in Wesf Lionshead it may be appropriate fo include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform fo the Town's housing policies and requirements for new employee housing generation #er-ge~siag in Lionshead ~is are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these ewe three properties will need to support. ~~ae~-~` ec The North Day lot is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird affordable housing project and provide housing for new employee generation. The ~ . North Day Lot may also need to accommodate a transit center on the ground level of the development site. Additionally, it may be necessary to develop a higher revenue-generating product on a portion of the Vail Associates service yard, Holy Cross, Vail Professional Building, and Cascade Crossing sites in order to defray the cost of road and infrastructure improvements. In planning the site, the following issues need to be considered: A. 3 ~?6616i1}Q' ~616/31~itti%. b. Density The site offers a unique opportunity to achieve significant density. While it is important that buildings here be visually consistent with the overall character of 11 • Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters. First, it may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for this location. Second, it is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units. Third, it may be appropriate to reduce the parking requirements for employee housing at this location. 4.9.4.4 Red Sandstone Parkins Area The parking lot and Town of Vail transit stop at the base of the Red Sandstone Elementary school were identified as a potential site for employee or locals housing because of its proximity to the elementary school, the I-70 pedestrian overpass and the transit stop. However, the access (vehicular and pedestrian), safety and functional programming needs of the elementary school must take priority in any potential • housing development scenario. 4.9.4.5 Old Town Shops The Old Town Shops, located just west of the Vail sanitation plant, were identified as potential employee housing locations during the master planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. In addition, the presence of the sanitation plant on one side and the existing gas station on the other reduces the desirability of this location for employee or locals housing. (in part) CHAPTER 5 Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter -and the Master plan as a whole - 12 ' is to identify important functional relationships and visual objectives within the district and to propose a framework for the long-term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.9 North Day Lot The north day lot should be developed as a community transportation center to consolidate skier drop-off, local and regional transit, local and regional private shuttles, and charter bus drop-off and pick-up (see figure 5- i3). A below-grade service and delivery facility could be constructed underneath the transit facility. By relocating these functions from their existing locations to one easily accessible location, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the conceptual program for this facility is as follows: a. Skier drop-off.• Nine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of Uail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear building is recommended at the southern edge of the site to screen the lower levels of the Landmark Tower from the transit center. This facility could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. A more comprehensive solution is to cover the facility with another level or two of development -perhaps for offices or employee housing - or with a roof. (Memorable European antecedents exist for grand, covered transportation centers.) Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the Westwind and the Landmark should be closely involved in the transit center planning and design process. Since fhe adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Cenfer at the North Day 13 • Lot. Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: • Wesf Lionshead • Lionshead Parking Structure • North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. 5.17 West Day Lot/ Vail Associates Service Yard/ Holy Cross Site/Gas Station Site Nail Professional Building/ Cascade Crossing Planning for the western end of Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. • While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios there should be "no net loss" of existing retail or office square footage as a result of the redevelopment of these parcels. Higher densities and building heights maybe appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for Phis area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. A strong connection along ~ the Gore Creek corridor already exists. Streetscape improvements along West Lionshead Circle between Concert Hall Plaza (currently the western end of Lionshead retail influence) and the Ritz-Carlton Residences will strengthen existing conditions, and in doing so, improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, seating areas and public art are just some examples of what could strengthen this corridor and in doing so further integrate this area with the rest of Lionshead. 14 The development of a strong pedestrian connection between the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in this area and in doing so will energize all of West Lionshead. During the winter months the ski lift and associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West ' Lionshead can be an active and vibrant place year-round. This ~ could be accomplished in any number of ways. For example, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. This could be reinforced by swell-crafted program of specialty retailers, offices, and restaurants. An active program of public art, residential units that are used for "artists in residence'; a culinary school, improved access to and utilization of Gore Creek or Red Sandstone Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examples of design elements or land uses that could create a catalyst for activity. In conjunction with any application to development a new ski lift, a retaiUcommercia/ market study which analyzes the area for the appropriate amount of square footage of refaiUcommercial that should be included in the redevelopment of West Lionshead shall be provided. It is assumed that the development standards of Lionshead Mixed Use 1 or 2 will guide the design of redevelopment in this area. Notwithstanding the height allowances of these zone districts, building height and massing shall be responsive to the Gore Creek corridor, the Interstate, and how building massing transitions at the western end of Lionshead. Buildings at the westernmost end of West Lionshead shall gradually "step down" from the maximum allowable height limits of the Lionshead Mixed Use zone districts. Figure 5-25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5-25. Notwithstanding the height allowances depicted on Figure 5 25, buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before "stepping back" to taller building mass. On the Interstate side of this area building design shall be articulated to avoid large expanses of shear/unbroken wall planes. a. Retention of Existina Frontaae Road Alianmenf if the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail Professional Building and /Cascade Crossing all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While other lift locations are feasible, the old gas station site • is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the 15 • Frontage Road to the Maintenance Yard/Holy Cross parcels. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under Phis Frontage Road scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel. It is assumed that these parcels would be re-zoned to Lionshead Mixed Use 1. The Holy Cross site and the Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels should consider how the Creek can be enhanced and made an asset or amenity of this redevelopment area. b. Frontaae Road Realianmenf behind the Maintenance Yard and Holy Cross site The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates fhe Maintenance Yard/Ho/y Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable • site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re-location of the Frontage Road lift access out of fhe old gas station site would not require a grade separated pedestrian crossing fo the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the re-located Frontage Road would be needed to link the Holy Cross site with the Vail Professional Building. This alternative would also present the opportunity for relocating and/or enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. One possibility may be to pond the creek just south of the 1-70 ' corridor and diverting all or a portion of the flow underneath the new Frontage Road in order to bring "live water" through the western end of the Holy Cross site. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between Phis area and the rest of Lionshead. nn fla~~g a t. "sr. ~~"e a. 16 a~f6~f%?t9-~f8' a 6f-9R~-fE3 • J „ „ ~9~lle~-al69--bE s £ .,,,I , E. , ~ ~66 EI f,~A ~ 5.18 Old Town Shops • The old town shops site has had been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. These uses ~aa~t~e were thought to be appropriate for the site, but it was recognized they were all ~a~e not compatible. ~ `'a. . In 2003 the Eagle River Wafer and Sanitation District purchased the old town shops site. The site was redeveloped with a surface parking lot. Additionally, in 2004 Vail Resorts constructed a bridge across the Gore Creek from this site to provide possible future mountain operations access to Vail Mountain. 5.20 Eagle River Water and Sanitation District While Phis parcel would certainly be a viable development site, the costs to relocate uses of this site, particularly the treatment facilities, are very significant. For this reason it is assumed that the treatment facilities will remain in their existing location. A viable alternative to relocating the entire building would be to relocate the District's offices and construct "air-rights" development above and • around the treatment facility. 17 tr '~:`S. d ~ ~ y ~i ~ F ~ V r , y vti l ,y.. r ~e p C ~ ~ ~ r _ ~ %;2 ~5 ~ - _ ~ \?o, `~k. J ~ \ ~ F ~ Q H {t ~..r--... ~ - ~ ~ r ~ ~ v ~ N a } ~ F ~ ~5.,~>. ~ w i Z W ~ ~ ~ z u ~ ~ ~ ~ ~ ~ 0 W O: z a \ u W Z ~ W ~ ~ ~ U \\1i ~ U a Z w Q ~ `t' ~ ` Z x a ~ ~ l 4~ a . W ~ W ~ Z h Q W a m ~ O a ~ \ t;, 3 J ~ W O 4 V ~ ~ Z Z 0 a p ? `f . 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F' _ - _ - ~ • ~ ~ ~ t ~ ~ tit y~L ~~``,~h`i Yom, as ,rr b t ~ J r i ~ .4. ~l a .a..,~\q,. re,.. t i u V ~`t ,x U°~ -~V , Z y D E Q ~ ~ ~y z W ty, S ~ e H O • s 4 ti + F 3 \ ~ ; a ~ ` ' A W ~ ~ ~ ` r U ~ ~ ` 1, ~ 4 ~ ~ ~ ~ \ 4 9 ~ \ \ 1 y \ ~ \ \ E ~ \ . t\ 5 \ ~'.CI - y ~ r \ ~ W N ~ J O~ W U - . a ~ ~ ttl ~ ,r 0Q ~S~x v6 I 01-4 4.. U ~Wd n \ ~ G O W u~1 \ w Q ~ a ° ~ ate ; ~ d, rWO~- ~p ` ~ LL1~ z Td ~ x oYa Cg A, N 6 yo ~r pY ~ w a ~ ~ N r/y 0 d ~ ° N ~q I "s ~ 0 I~ t ~ ~I a ' d ~ Y ~ q'1Q ~ i ~ ~ ~ ~ ~ ~i ~ ~ ~ oil ~ ~ ~ t~s 0 ~ ` ~ Q ~ ~ °e,~ca /i E ~ ~ ~ , i ~ ~1 ~ o b ~ ~ ~ $ Cl~r~ ~ t a ~ ~ ~tt~ o ! ~ ~ ~f?Q~n tt~~ • INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of February, 2007. Rodney Slifer, ay r, Town of Vail ATTEST: ~.~N of ~ ~;j'o . ,........q~l LoreYei DorSaldson, Towt'i Clerk ;SEAL ~oioR~' . 22 RESOLUTION NO.5 Series of 2007 A RESOLUTION DEFERRING OF THE REGULAR MEETING OF THE VAIL TOWN COUNCIL, PURSUANT TO SECTION 1-5-11 OF THE VAIL TOWN CODE, FROM MARCH 6 TO MARCH 13, 2007; AND SETTING FORTH DETAILS IN REGARDTHERETO. 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 1, Chapter 5, Section 11, Vail Town Code Regular and Special Meetings, the council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the council; and WHEREAS, Pursuant to Title 1, Chapter 5, Section 11, Vail Town Code, for "good cause," the Council at a regular meeting preceding the regular meeting which will be deferred may defer the regular meeting to a subsequent date not later than one week after the deferred regular meeting date; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF . VAIL, COLORADO: Section 1. Due to illness and uncertainty a quorum may not be achievable for the regular meeting of the Town Council scheduled for March 6, 2007. Thus, "good cause" exists to defer the regular meeting of the Council until March 13, 2007. 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 20th day of February, 2007. ~i N of"j, Rodney Slifer U ~o~••'"~"'•~l Mayor, Town of Vail • TT T: ~ SEAL ' c y ''jj~~ II~'',, /u~:~ • orelei onal Son/ ~l-oRP~O Town Jerk Resolution No. 5, Series 2007 • RESOLUTION N0.7 Series 2007 A RESOLUTION APPROVING THE BUDGET AMENDMENT OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2007 THROUGH DECEMBER 31, 2007. 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 Vail Local Marketing District (the "VLMD") has presented the Council with an amendment to the 2007 budget, appropriating two hundred forty-five thousand dollars ($245,000.00) for marketing related expenditures; and WHEREAS, Pursuant to C.R.S. § 29-25-110, the operating plan may, from time to time, be amended by the district with the approval of the local government. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. Pursuant to C.R.S. § 29-25-110, the Council hereby approves the budget amendment of the VLMD for its fiscal year January 1, 2007 through December 31, 2007. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 13th day of March, 2007. _ ~ ~ Rodney E. Slifer Mayor, Town of Vail ATT ST: r~ ~i'~-~--- w N~o or ei Donaldson ~~~~~~~'F.L-9~ Town Clerk ~ ' E ' . AL . ~~~~RADO Resolution No. 7, Series 2007 • RESOLUTION N0.8 Series 2007 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE CONSOLIDATED SERVICE PLAN FOR SOLARIS METROPOLITAN DISTRICT NO. 1, SOLARIS METROPOLITAN DISTRICT NO. 2, AND SOLARIS METROPOLITAN DISTRICT NO. 3; AND SETTING FORTH 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, On September 19, 2006, the Council passed Resolution No. 18, Series 2006 approving the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3.; and WHEREAS, Because of the cost of the public improvements and the value of the underlying property, it is necessary to amend the Consolidated Service Plan to increase the debt cap from $20 million to $40 million. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the First Amendment to the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, Solaris Metropolitan District No. 3, a copy of which is attached hereto as Exhibit A, and made a part hereof by this reference,. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of April, 2007. Rodney E. 'lifer, To n Mayor ATT ST: ~ Jp.1L • ~ o ~jCore~i Donaldson, Town Clerk 3~' •~S Resolution No. 8, Series 2007 i • RESOLUTION N0.9 Series 2007 A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE SOLARIS ~ METROPOLITAN DISTRICT NO. 1, SOLARIS METROPOLITAN DISTRICT NO. 2, AND SOLARIS METROPOLITAN DISTRICT NO. 3; AND SETTING FORTH 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, On September 19, 2006, the Council passed Resolution No. 18, Series 2006 approving the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3.(the "Districts"); and WHEREAS, The Service Plan requires the execution of an Intergovernmental Agreement (an "IGA") between the Town and the Districts; and WHEREAS, the Town and the Districts have determined it to be in the best interests • of their respective taxpayers, residents and property owners to enter into this IGA, a copy of which is attached hereto as Exhibit A, and made a part hereof by this reference. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the IGA between the Town of Vail and the Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, Solaris Metropolitan District No. 3. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of April, 2007. Rodney E. Slifer, Torn Mayor ATTEST: ,~G~ dL-e-l~ ~ D~N OF V • •9 or ei Donaldson, Town Clerk f•• • SEAL • ~ c°toRPp° Resolution No. 9, Series 2007 • RESOLUTION NO. 10 Series of 2007 A RESOLUTION ESTABLISHING THE 2007 PAYMENT OF FEES-IN-LIEU FOR EACH EMPLOYEE TO BE HOUSED, AS REQUIRED BY CHAPTERI2-23, COMMERCIAL LINKAGE, AND FOR EACH SQUARE FOOT, AS REQUIRED BY CHAPTER 12-24, INCLUSIONARY ZONING, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007, the Vail Town Council will consider the adoption of Ordinance Nos. 7 & 8, Series of 2007, with the intent of establishing Commercial Linkage and Inclusionary Zoning requirements in the Town of Vail; and WHEREAS, pursuant to Sections 12-23-5 and 12-24-6, Methods of Mitigation, m nt off -in-lie i on f five 5 m thods b which the miti ation of em to ee pay a ees u s e o e y g p y housing required may be accomplished; and WHEREAS, in accordance with Sections 12-23-5 and 12-24-6, the fees-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council; and WHEREAS, the Vail Town Council has determined that the proposed fee-in-lieu • amounts accurately reflect the affordability gap between a two person household earning 120% of the Area Median Income (AMI) and the 2006 Median Cost per Unit; and WHEREAS, the Vail Town Council finds that this Resolution furthers the development objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances the availability of employee housing within the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Establishment of Fees-in-Lieu a. The fees-in-lieu for each employee to be housed or for f m I housin rovided in accordance ~ each square foot o e p oyee g p ' with Chapters 12-23, Commercial Linkage, and i 2-24, ~I Inclusionary Zoning, shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the • employee to be housed or for each square foot of employee housing provided in that year; 1 b. An administrative fee of $3,000/per employee or $3.65 per • square foot shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. The calculation formula for fee-in-lieu has been attached for reference (Exhibit A). 2. 2007 Payment of Fees-in-Lieu Amounts a. Fee-in-lieu per employee (commercial linkage) _ $131,385 b. Fee-in-lieu per square foot (inclusionary zoning) _ $236.65 3. Effective Date of the Resolution This resolution shall become effective upon the adoption of Ordinance Nos. 7 & 8, Series of 2007, more commonly referred to as the ordinances establishing Commercial Linkage and Inclusionary Zoning in the Town of Vail. INTRODUCED, READ, APPROVED AND ADOPTED this 3~d day of April, 2007. • "~yy Rodney Slifer~Mayor, Town of Vail ~ V141L ATTEST: .S ~ ~ O; Town Clerk ~ ~ .s rele' Donaltlson, ~•.~~.N~~~~.•.QT' • 2 • Exhibit A 2007 Fee-in-Lieu Calculation Formula 120% Area Median Income (2-person household) $76,800 Affordable Monthly Housing Payment $1,920 Property Taxes/Insurance/HOA (20% of Housing Payment) $384 Mortgage Payment $1,536 Maximum Mortgage Amount* $230,872 Affordable Purchase Price $243,023 Average Square Feet of Units 825 2006 Median Price per Square Foot (all units) $528 Cost per Unit $435,600 • Affordability Gap/Payment per Unit in Lieu $192,577 *Assumes 5% down, 7% interest for 30 years. Gap per Employee (1.5 emps/household on average) $128,385 Administrative Fee per Employee $3,000 Fee per Square Foot per Employee $233 Administrative Fee per Square Foot per Employee $3.65 Fee-in-Lieu per Employee $131,385 Fee-in-Lieu per Square Foot $236.65 (Note -these figures to be established annually by the Vail Town Council) • 3 - ~ ~ O N N ~ ~ ~ ~ ~ ~ N > Cri ! ~ d' ~ ~ ~ N O~jGpP- ~M ~ ~ ~ ~ ~ ~ ~ ~ N N r M ~ ~ M M 1`- N GO ~ mod' O N r O N r . ~ ~ N O ~ ~ M i~t ~ N `r N p O ~ 0 0$ O ~ 0 .fir Oy ~ ~ ~ ~ M ~ O N a °0 0 ~ ~ ~ ~ M N t1 CL C7 N ooo°~°o ?°c,_ N 7 7 ~ V 7 N C O '(4 ~ ~ ~ L1. ~ O c o ~gu..o~w o mN J RESOLUTION NO. 11 • Series of 2007 A RESOLUTION SUPPORTING THE EFFORTS OF THE VAIL VALLEY FOUNDATION TO PROCEED WITH A BID FOR THE 2013 FIS WORLD ALPINE SKI CHAMPIONSHIPS 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, in 2004 the Vail Valley Foundation (the "Foundation"} executed a challenging, yet unsuccessful bid to bring the Alpine World Ski Championships to Vail. The Foundation now believes it is time to "put our foot back in the pool" and submit a bid for the 2013 World Alpine Ski Championships; and WHEREAS, the Alpine Ski Championships gather the greatest skiers from over forty • countries to compete over a two week period of time in every alpine discipline. The Alpine Ski Championships are expected to attract more than 800 athletes, 1800 members of the media, 2000 volunteers and several large international sponsors. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town of Vail supports the Foundation's attempt to secure the 2013 FIS World Alpine Ski Championships. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 17~' day of April, 2007. i ~ ~ Rodney E. Slifer, Mayor of the Town of Vail, Colorado ATTEST: OWN O~ f ~f • ~Lor~i Donaldson, Town Clerk ~7~A~ Resolurion No. 11, Series 2007 ~~~A(~Q • RESOLUTION NO. 12 Series of 2007 A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF VAIL LEGALLY DESCRIBED AS VAIL HEIGHTS CONDOMINIUM UNIT #11, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2079 CHAMONIX LANE, VAIL COLORADO; AND SETTING FORTH 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 Council considers it in the interest of the public health, safety and welfare to purchase property legally described as Vail Heights Condominium Unit #11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail Colorado (the "Property"); and WHEREAS, the Council's approval of this Resolution No. 12, Series 2007, is required to purchase the Property. • NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The purchase of the Property is hereby approved by the Council at the purchase price of $280,000.00. 2. The Town Manager is hereby authorized to execute, on behalf of the Town, an agreement to purchase the Property and to take whatever steps are necessary to complete the purchase of the Property. 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 15th day of May, 2007. f _ sf Rodney E. Slifer, 1 S~;i AL ~ Mayor of the Town of Vail, Colorado t ~~oRAOp ATTES . lei Donaldson, • Town Clerk Resolution No. 11, series 2007 • RESOLUTION NO. 13 Series of 2007 A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF VAIL LEGALLY DESCRIBED AS PITKIN CREEK PARK CONDOMINIUM UNIT #6-H, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 4011 BIGHORN ROAD, VAIL COLORADO; AND SETTING FORTH 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 Council considers it in the interest of the public health, safety and welfare to purchase the property legally described as Pitkin Creek Condominiums unit 6-H, Eagle County, Colorado with a physical address of 4011 Bighorn Road, Vail Colorado (the "Property"); and WHEREAS, the Council's approval of this Resolution No. 13, Series 2007, is required to purchase the Property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE • TOWN OF VAIL, COLORADO THAT: 1. The purchase of the Property is hereby approved by the Council at the purchase price of $460,000.00. 2. The Town Manager is hereby authorized to execute, on behalf of the Town, an agreement to purchase the Property and to take whatever steps are necessary to complete the purchase of the Property. 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 15t" day of May, 2007. fpWN.p~ ~J ' ':9,~ Rodney E. glifer, 5,~~ ;r Mayor of the Town of Vail, Colorado O~O~A~•'' ATTE L~_ 1-~ ~ r ~ _ _ relei naldson, ' Town lerk • Resolution No. 13, Series 2007 RESOLUTION NO. 14 . Series of 2007 A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF VAIL LEGALLY DESCRIBED AS 7-U BUILDING 5, VAIL EAST LODGING, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 4093 SPRUCE WAY # 36, VAIL COLORADO; AND SETTING FORTH 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 Council considers it in the interest of the public health, safety and welfare to purchase the property legally described as 7-U Building 5, Vail East Lodging, Eagle County, Colorado with a physical address of 4093 Spruce Way # 36, Vail Colorado (the "Property'); and WHEREAS, the Council's approval of this Resolution No. 14, Series 2007, is required to purchase the Property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The purchase of the Property is hereby approved by the Council at the purchase price of $173,400.00. 2. The Town Manager is hereby authorized on behalf of the Town, to take whatever steps are necessary to complete the purchase of the Property. 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 3~dday of July, 2007. Q Rodney E. Slifer, O Mayor of the Town of Vail, Colorado -ATT N OF ~ 1~?.•••.....:4i rele~Donaldson, owl Clerk S~ • .C • OLORP Resolution No. 14, Series 2007 RESOLUTION NO. 15 Series of 2007 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 DAS SCHONE FILING NO. 1, TOWN OF VAIL, EAGLE COUNTY, COLORADO; AND SETTING FORTH 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 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 Das Schone Filing No. 1, Town of Vail, Eagle County, Colorado (the "Property"); and WHEREAS, the Council's approval of this Resolution No..15, Series 2007, is required to purchase the Property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Memorandum of Agreement to purchase 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~rchase of the Property by the Town. 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 7th da ugust,(~20~07. ~.d.~ . Rodney E`. Slifer, U Mayor of the Town of Vail, Colorado Lorelei Donaldson, Town Clerk ~ • Resolution No. 15, Series 2007 EAGLE COUNTY, CO X0072241 ~ TEAK J SIMONTON 7 Pgs~ 5 03~58~13PM ~~tf2'2r~~~r REG X26.00 DQC ~ ? i RESOLUTION NO. 16 Series of 2007 A RESOLUTION ADOPTING AN AMENDNMENT TO THE PROTECTIVE Y COVENANTS OF VAIL/LIONSHEAD, SECOND FILING; DELETING ALL REFERENCES TO AN "ARCHITECTURAL CONTROL COMMITTEE;" AND SETTING FOR 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 ol'the Stage 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 October 15, 1971, Vail Associates, Inc. ("VAI"), recorded the "Protective Covenants of Vail/Lionshead, Second Filing, Eagle County, Colorado," at book 221, Page 989, of the real property records of Eagle County, Colorado (the "Protective Covenants"); and ~ WHEREAS, pursuant to Section 1 of the Protective Covenants, VAI was to establish an "Architectural Control Committee" to perform certain functions with regard to any proposed improvements within the area described in the plat of VaiULionshead Second Filing; and WHEREAS, it appears that no such Architectural Control Committee was formed, and if was formed, it has not been in existence for over thirty (30) years; and WHEREAS, the Council believes that, because the Town of has its own development review process and zoning regulations which appropriately control and regulate development within the Town, it is in the public interest to amend obsolete covenants that cannot possibly be complied with; and WHEREAS, pursuant to Section 18 of the Protective Covenants, the Protective Covenants may be amended by and with the written consent of the owners of 66 2/3% of the land within the boundaries of Vail/Lionshead, Second filing. The Town owns 74.38% of the land included within the boundaries of Vail/Lionshead Second filing, and desires to amend the Protective Covenants. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: i Section 1. The Amendment to Protective Covenants of Vail/Lionshead, Second Filing, regarding the elimination of any and all references to an Architectural Control Committee, is hereby approved by the Town. ~~~i~i~ ~ ~~li ~~p~c~~~.~7 Resolution No. 16, Series 2007 r~, `IC ~ j;~ eX~ ~ G~ f'(V i ~ ~ l / 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 7th day of August, 2007. c Rodney E. Slifer Mayor, Town of Vail AT~TE~'r': , i~ 1 % ; l * ~ ~ f, • ••i Lprele~ Donaldson • -Town Clerk s~i~ s •'ti . Resolution No. 16, Series 2007 AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/LIONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO THIS AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/LIONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO (this "Amendment") is made by the undersigned owner. RECITALS A. On October I5, 1971, Vail Associates, Inc., a Colorado corporation ("VAI"), recorded the "Protective Covenants of VaiULionshead, Second Filing, Eagle County, Colorado," at Book 221, Page 989, of the real property records of Eagle Coxinty, Colorado (the "Protective Covenants"). B. Pursuant to Section 18 of the Protective Covenants, the Protective Covenants may be amended by and with the written consent of the owners of bb 2/3% of the land within the boundaries of VaiULionshead, Second Filing,., C. The undersigned ovrns 74.38% of'~te~d.~i,t~;ciad d within the boundaries of VaiULionshead, Second Filing, and desire, to amend the Protective Covenants. D. Pursuant to Section 1 of the Protective Covenants, VAI, as the initial owner of the affected property, was to establish an Architectural Control Committee. It appears that no such committee was ever formed and that the terms of Section 1 of the Protective Covenants have not been enforced with regard to any of the existing development within the affected property. Therefore, Section 1 of the Protective Covenants appears to be obsolete. Deletion of Section 1 of the Protective covenants will avoid any potential inequity that may result if future development were made subject to the review of an Architectural Control Committee. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agree and declare as follows: AMENDMENT AGREEMENT 1. Deletion of Section 1. Section 1 of the Protective Covenants entitled "Architectural Control Committee" is hereby deleted in its entirety and shall no longer be of any force or effect. 2. Additional Conformine Changes. Any provision of the Protective Covenants outside of Section 1 by which the approval, consent or authorization of the Architectural Control Committee is required prior to undertaking any act or conduct is hereby amended such that no such approval, consent or authorization is required prior to undertaking the act or conduct in question. amendment to protective covenants of vail_lionshead, second filing 3. Effect of this Amendment. Except as expressly provided in this Amendment and any other duly made and recorded amendments}, the Protective Covenants remain in full force and effect. 4. Counternarts. This Amendment may be executed in the form of two or more counterparts that when taken together shall constitute a single, fully-executed instrument. THIS AMENDMENT is executed by the undersigned as of the dates given below. THE TOWN (JF VAIL, a m ipal corporation By: Title: ..--T`~ . t I -H I State of Colorado ) ss. County of Eagle ) The foregoing AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/LIONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO was acknowledged before me this ~~c~ay of ~ u( ,t , 2007, by `;-~-a n 7c ,.J, ? ~ - ? , as ~7c~,_ ?'Y1~~,,-,c. ? ~1f TIIE TOWly` OF VAIL, a municipal corporation. Witness my hand and official seal. ~wuwNiir~~,~~ ~w~ ~ A ~ Commission expires: C~~,? ~ ~1 ~ fir- • • - . ~ ~ ~ t/ p ~ A ~ Y . ' rotary ~ -lie ~ . _ o : O ~ lJB G,~z i 1469654_l.doc 2 f • SEAL i~ ATTE Title. ooh Clerk BRA Statc of Colorado ) ss. County of Eagle ) The foregoing AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/LIONSHEAD, SEC~ND FILING, EAGLE COUNTY, COLORADO was attested to before me this IS'O`-day of u~us~ , 2007, by ~Y~1+~i , as Town Clerk of THE TOWN OF VA`$., a municipal corporation. Witness my hand and official s/ea_l. JJ My Commissaony~-~: C,~2,~~',/~/ 0 1 Fl ' . Notary ~pK ~G;o= - ti~ : Q_ . : ~r: P . p; .,,~~~~q 7'E OF APPROVED AST F~ By: T~ti~e: Town Attorney 1469654_].doc 3 11 Maueielb Planning Group May 25, 2007 Town Council Members Town of Va+l C/O Matt Mire, Town Attorney 75 South Frontage Road Vail, Colorado 81 657 Re: Amendment of Covenants for Vail/L~onshead Second F~I~ng Dear Town Council: I am wr+tmg on behalf of the Lodge at Lionshead Phase III Condominium Assoc+at~on ("Lodge"). The Lodge +s +n the process of developing a program for the redevelopment of its property +n compliance w+th the L~onshead Redevelopment Master Plan and the zoning establ+shed on the property. We, Ike others w~thm the Town, have discovered that there are certain provis,ons of the ex~st~ng covenants affecting the subd~v~s~on ~n which the Lodge +s located (Va,l L+onshead Second F~Img) that no property owner w~th~n the subdw~s~on can possibly comply w+th. The provision of concern w+th~n the covenants is that puns be approved and/or regulated by the "Architectural Control Comm,ttee" wh+ch was never established. While ~t might seem a moot point, the Lodge bel+eves that challenges to the Town's approvals by third parties could be brought aga+nst any property owner w,th+n the subdw~5~on thus creating a great deal of risk and uncertainty to the property owners and I~keiy creating expense even to the Town. While ~t has been the practice +n the To~Nn +n the recent past to condemn property in order to remove the covenants after the project has been approved, we believe that ~n this instance we have discovered an effic+ent and +nexpens+ve method of ach~ev~ng the same result with no cost to the Town and i~ttle cost to the property owners affected by the covenants, The Vail/L~onshead Second F~I~ng covenants allow amendments to the covenants by the owners of 66 and 2/3% of the surface area with+n the boundaries of the F+I+ng. The subd~v~s~on has an area of 19.9 acres of which the Town owns approx+mately 14 acres which ~s ~n excess of 70% ownership. Therefore, the Town alone can amend the ex~st~ng covenants to correct the references to the Architectural Control Committee. We have ~r.cluded a proposed air~endment that can be executed by the Town to effectuate this change. The Lodge hopes that you will help them and the other owners w,th~n the subdsvtistion (Vail International, The Evergreen Ladge, and the Town's property) more forward with redevelopment protects with the assumption of less risk as presented by the current covenants. Thank you for your cons~derat~on of this request. Sincerely, U~-~,,~,~~~ Domm~c F. Maur~ello, AICP Prmapal Attachments: Covenants of Vaif/L~anshead 5ecord FBI ng Plat of Vail/L~onshead Second F~I~ng Proposed Amendment to Covenants CC: Board of Managers, Lodge at L~anshead III lnakti De Abiega Jeff Bosboom Clark Fftzmorris Marlyn Dyer Sandstad Dean Stev,nson Steve Wr,ght, Esq., fsaacson Rosenbaum, P.C. • ~ { 5 N r ~a _ ~ w s n'' 6 8 tt ~ _ f_ - ~ t l Zvt;?~~1ril: t~ # ,~i~(9 ~ kr c+ ~ ~ ~ xc;±~-__ _ ~ yi~ + S~~g"t* 1~y`Ti~~a=~~i1~ ~~~~1 ~~'##11 ~e " 2 ~ i!""'f' ~ ~ 1 t r ~ # r ~ffSyp i`~ o?a=~i 1.. jny1{1~ 4++, b.d ~ ~ i' g 1r~ ~'~i d,i~ t ate. ga la ~zx _ a « 1~~~~~~~~~~1~sy"~~~~~~~t~~.c~~i~~tirrs{~ to ~ .y7 tt T r ~ a u 4 1 aZt 1a t , k TTT41.aa~ }'g a"1 g~e{i~~~ ~i~~~Fl~~~j F~~ 4 s ~'~~a~edlaas 1i a ti,•a • + 'Y ~ ~ , { q~~~ ~!~•~aX~^;a~'~11 Sr~a1e~~~rd~ ;al: E ~ r m" ~ h k ql~+~~~'~;tr~titt~i4~sar~~~~~~11'"~t#l'I`l d~z ~ ~ e ~ M ~rXot a. ~ T) i ~ dog 'a,~~„itj~'rl~'lE8 ro~2°°,• ,d~Z~t ~~~ig ~fi ~~l s~j y ~fi t ~ ~ { ti +r.3MS;~~~~a " t}i.jr~,.i i}sgj1~ k Z~ ~ i, ge.-p-r~-~ q. - ~~Ik~~Il~~;a~9#i•:~d~~~11: Y4 Et=~+i}~l.t&1 ~~x~ t ~i ~ kl =r~~l ~~1~,T~~1, ~'1+~~fi~taT~°ts~'1 s~~;'=~~~~k ~ ~~~,t ~ 0..E 1 a~~~j ~;~,a~~del•i..~ae ~x. flit!:; ~ e a , ~~TTI$1 #S~~3aa,s,ntyta; ,I ;fP;t~~;aal~l~~k~ ~i~~ $ ?S to f 1i y5 ~'~'lY't2lai'~`•~~r~,l 'rn~ dg ad t= i ~ " p ~ °I1~T1 ,~a~~ C IET~)...Ssli>Mi~~~~ak~ y~ i ; i ,~litwyg~ib '~~~E~ea~E~s~ a ~iRS'~~~~11r}.Tae ~si R ~ W h ~~~'~,l~ia-!~~`~ "a ~'gY~~',~la~~ ~iat ~ ~ +R~~ ~ ~ h ~ T3 dF. lat"a~ ^1 n ' l~'~ 4t # 4 ~ 4 T T1 s ~~~k~~~~~iii`~~4~~6`,~~;4~'•~~~ii;,~i~?l~;u~°y+ vt~~e~!~ r ~ ~ a r t+Al:t~~~iTt~~~,~'ca4ii~a:+ ~i~~~'18a;1~sFV' ~d~•~ ~ ~ ~i \ ~ e~ e i dill r~ at;~r lr.a n. ck~,l~~Ell;~a Ya,;:y !k ~~il t' ~ - ~ a O l ; ?~Wa~lk~lr 1~~~s1`~~~ 1` $aats~~s~~~t~v1t = wi ~ - I d }~ap~l Ztdl~E~~~TFS.CdiTC` i..,,.~ .Z 4 ~ ~ p ~T~ [ .N+~~T~t1 t. ~ y ~ a t t s. 4 ~J i ~ s t t, r d ~ci'b a: r ~ y0 x +6, ~ 4F ~1 ~crk ~a ~ ^s~ x° t o'14 . t 'a- - art, '°w ~ ~ : e d C~ ~ r V + r~ 8' Y , 3'~ ~ ~ ~ ~ _ i m m •c , d W 64ti .3 ~ $ k ~ .Ili5 ys1 ...•••:;@ 4 ~ . R V i` i$ Q h~>h W "'~P ~ F', L pE n - y ~ ~ Cif ~1~;3'° a a. $ t el ~s ~ I , 4,y , ~~~1 i A PV~rtr k~ , 4 ~"C f t ~ j~L T~ ~ ~ i, t _ h ~~~i V ! ~ ~ d 1 ll ~ ~ y 1 I~ w wi gel i ~ g?. i+ Fg~ T :o ~ ttinn ? d ~ i~l }X ~x~ k # + a : + {a 111 ~ d''r ~ ~j!!!!!~. ~ ~ q i o ~ ti l~ ~Z ;p~~ Ott •~h^~~~~~ ~ ~ 4 `+V ~ ~ ~ ~ _ 4~ ~ At Ra~ . r "'E' s . _ # T _ mss----yid' 3 _ ~ 3 I "EMI ~ ~+1 ~I~- ~.1 - . 1 ~ ~ t 1/ s ~ ~ PROTECTIVE COVEN~INTS OF • f~,. • A, ' VAIL/LIONSHEAD, SECOND FILING, 'v EAGLE COiJtv'TY, COLOR~DC? ~ WHEREAS, Vail Associ~~tes, Inc „ a corporation duly organ- ized and existing under the laws of the State of Colorado (here- n,: ;inafter sometimes referred to as "Owner"), is the owner of the F. following described lands, which are shown on the plat of the Vail/Lion~Head, Second Filing, on file in the office of the County Clerk and Recorder of~the County of Eagle and State of ` Colorado: I See Exhibit A attached hereto and r made a part hereof k included witY~in which are pazt~.of Tract J, Vail Village,- First k Filing, and a 11 of the lands designated as Lots 11, 12 and 13, and part of Lest 14, Vail Village, Second Filing, prior to the vacation of a portion of the plat of Vail Village, Second Filing, by instrument recorded in Book 217 at page 674 of the records of ' the Clerk and Recorder of Eagle County, Colorado.•~~ AND WHEREAS, Vail Associates, Inc. desires to place certain restrictions on the use of the lands included within Vail/L•ions- Head, Second Filing, for the benefit of the Owner and its respec- tive grantees, successors and assigns, in order to establish and maintain the character and value of property in the Vail/Lions- Head, Second Filing, area, t:OW, THEREFORE, in consideration of the premises, Vail Assoc- . fates, Znc., for itself and its grantees, successors and assigns i does hereby impose, establish, publish, acknowledge and declare ,that for the benefit of all persons who may acquire an interest in any of the lands in Vail/LionsHead, Second Filing, all of the lares in Vail/LionsHead, Second Filing, shall be subject to the following restrictions, covenants, and conditions, which shall be deemed to run with the land and to inure to the benefit of and be binding upon the Owner, its grantees, successors and assigns. i ~ •MiR.-,~!~KT T.~f.:ln4%~:.:~~. ,W"YA~ir!'~.'.7~.~.iTf :c.Qi~1`6rt7"s,~iYv~3 ~..c 1 ` !','t ~ ~ ~..:1i.+w°.^.J~ ~~ai~.,~,y y Protactivs Covenants Y,. Vail/LionsHead, Second Filing ~ f P ' 1, ARCHITECTURAL CONTROL COMMITTEE ~ } 1.1 Connnittee, The Architectural Control Committee, here- f inafter referred to as the "Committee", shall consist of five ~ i members who shall be designated by the Owner, its successors or ~ assigns, to review, study and, approve or reject proposed improve- i ments within the area described in the plat of Vail/LionsHead, Second Filing, of which these restrictive covenants are made a part . The members of the Committee shall serve for ane year, at which time they shall be re-appointed or their successors shall be appointed by the Owner. If no successor is appointed by the Owner on the anniversary of a member's term, he shall be deemed to have been re-appointed by the Owner. Anew member shall., be appainted by the Owner on the death or resignation of a member. 1.2 Rules. The Committee shall make such rules and bylaws and adapt such procedures as it may deem appropriate to govern its proceedings. 1,3 Apprcval of Plan. No building, landscaping, parking or vehicular driveway, ~erce, wa1.1 or other improvement shall be constructed, er~cte3, repaired, restored, reconstructed, altered, added to or maintained on any lot until building plans and site plans and specifications showing the color, location, materials, landscaping, and such other information relating to such improve- ment as the Committee may reasonably require shall have been sub- m fitted to and approved by the Co~n;nittee in writing. 1.4 Criteria, In passing upon such plans and specifications the C..,,,;,,ittee shall consider: 1.4.1 The suitability,-of the improvement and of the materials of which xt is to be constructed to the site upon which it is to be located; 1.4.2 The nature of adjacent and neighboring improvements; 1.4.3 The quality of the materials to be util- ized in any proposed improvement; 1.4.4 The effect of any proposed improvement on the outlook of any adjacent or neighboring property; -2- • Protective Covenants ~ ~ ~ T.` y I ~ /LionsHead Second g ~ ~y Filin .,;.~...,!.,st. :Y • , • t K. 7~ .i ''r • rY 1 'l - j' •y. 1.4.5 Any governmental zoning require ?~;,~'•.r~s~.~Y ~ " applicable to the site and• improvement's ~there~n'~'- f•~ = •n " - and ..;t -r;.: 1.4, ti The rules a d . n regulations of• the Com- `•r ~;:as` mittee. ,1 Y _ X'. 1t shall be an objective of the Committee to make certain--.that``;'no~r improvement will be $o similar or so dissimilar to" other"s •an:_tYie• = r . vicinity that values, monetazy or aesthetic, will`•be`inepa;ired:=''~~.•=,~"- P 1.5 Effect oz the Committee's Failure to' Act., In °ttie~~eventT_~~. the Committee fails to approve or disapprove plans and speci:fica-.~~; tions submitted to it within sixty (60) days of submission, appro- . val shall not be required. • 2. L-ANb USE The Lands within Vail/LionsHead, Second Filing, shall be used for the following purposes: 2.I The numbered lots shall be used only for high density, multi-family residential structures, public accommodatior.~, schools, ~ - libraries, ccnference centers, health clubs, playgrounds and other public uses, and commercial and recreational structures; provided, that the Owner :nay impose restrictions prohibiting the t~se of a numbered lot, or r~•r~ions thereof, for commercial purposes. 2.2 Tract s;Zall be used as an open area which shall be maintained in its r:a -ural state, sLb;ect to the reservation ay t7:e Owner of such easements for, and the right to construct, :.;:cn wed- estrian or equestrian paths and bridges and skier crossings a.; azt, in the opinion of the Owner:, now or in the future reasonably nec- essary or desirable. No improvements constructed on adjoining or { contiguous properties shall encroach upon Tract A. Vehicular pas- sage shall not be allowed on Tract A except by special pe.,it fm m the Town of Vail and the Owner. 2.3 Tract B shall be used and held by the Town of Vail for the duration of its Lease for the use of the public as open space, which shall be maintained in its native state, subject to the reser- vation by the Owner of such easements within a corridor bounded on thQ east by a line extending from the southeasterly corner of Tract D, Vail/LionsHead, First Filing, to the westerly corner of Lot 1, Block 2, Vail Village, Sixth Filing, and on the west by a line i extending from the most southerly corner of Tract A, Vail/LionsHead, -3- ~retective Covenants _ Vail/LionsHead, Second Filing First Filing, to the northwesterly corner of Tract A, Vail Vil- lage, Sixth Filing, for pedestrian bridges, ski lifts, and skier crossings as are in the opinion of the Owner now or in the future reasonably necessary or desirable, and further reserving to the Owner the right to construct, repair, maintain and operate such ski lifts in or on such corridor in Tract B as are, in the opin- ion of the Owner, needed or desirable in the future. The Town of Vail may construct for public use, pedestrian and bridle paths in conformity with a landscape plan to be prepared by the Town and approved by the Owner. No improvement constructed on adjoining or contiguous properties shall encroach upon the said Tract B. ~ Vehicular passage shall not be allowed on this Tract except by special permit from the Town of Vail and the Owner, except that the Owner reserves the right to construct or cause to be coY~struc- ted upon or over Tract B public transportation facilities, includ- ing by way of illustration and without limiting the generality of the foregoing, an aerial, rail, or mounted conveyance system. 2.4 Tract C shall be used as an open area which shall~be maintained in its natural state, subject to the reservation by the Owner of such easements =or, 'and the right to construct, such ped- es*_rian or equestrian paths and bridges as are, in the opinion of the Owner, now or in the future reasonably necessary or desirable. 13o improvements constructed on adjoining or contiguous properties shall encroach upon Tract C. Vehicular passage shall not be allowed on Tract C except by special permit from the Town of Vail and the Owner. 2,5 Tract D sha21 be used in conjunction with Lot D, Vail Village, Second Filing, for apartments, retail shops, service shops, service stations, restaurants and tea rooms, hotels, lodges, pro- fessional offices, medical clinics and educational institutions. 2.6 The Owner reserves the-right to make additional restric- tions and limitations upon use not incompatible with the foregoing nor less restrictive than any applicable regulations of any govern- mental agency. Any additional restrictions may be included in instruments of conveyance or lease or by supplement to these pro- tective covenants to be filed in the office of the Clerk and Recor- der of Eagle County, Colorado. 3. EASEHE*ITS AI3D RIGHTS-OF-WAY 3.1 Easements and rights-of-way for lighting, heating, elec- . tricity, gas, telephone, water and sewerage facilities, and any other kind of public or quasi-public utility service are reserved -4- . 11 ~ Protective Covenants ' Vail/LionsHead, Second Filing t'y 'N~ • iii as shown on the plat of Vail/LionsHead, Second Filing. No fence, . wall, hedge, barrier or other improvement shall be erected or maintained on, across or within the areas reserved for easements and rights-of-way, nar in such close proximity thereto as to impair the access to or use Thereof. An easement for pedestrian use shall exist and is hereby reserved on; over and across those portions of the plat of Vail/LionsHead, Second Filing, reserved herein for utility service and facilities, 3,2 Easements for drainage purposes are reserved as shown on the plat of Vail/LionsHead, Se=ond Filing. 3.3 Easements for drainage purposes reserved in these cove- nants and on the Vail/LionsF~ead, Second Filing, plat shall be per- petual. ` 4. SIGNS 9Tca signs, billboards, pester boards or advertising display ~r sfr3.~cture of any kind shall be placed or maintained within the sub- division for any purpose whatsoever, except such signs as shall have been approved by the Committee as reasonably necessary fcr the identification of streets, residences and places of business and location markers. 5. WATER AND SEWAGE Each structure designed for occupancy or use by humans shall connect with the water and sewerage facilities of the 4~~i1 Water and Sanitation Distr;c:t. No private well shall be used as a source of water for human consumption or irrigation in Vail/Lions- Head. Second Filing, nor shall any facility other than those pro- vided by the Vail Water and .Sanitation District be used for the disposal of sewage. Mechanical garbage disposal facilities shall be provided in each kitchen or food preparation area. 5. TRASH AND GARBAGE 6.1 Disposal of Trash and Garbave. No trash, ashes, garbage or rubbish may be thrown or dumped on any land within Vail/Lions- Head, Second Filing. No burning of trash, garbage or rubbish shall be permitted in Vail/LionsHead, Second Filing. No incinerator or other device for the burning of trash, garbage or rubbish indoors shall be constructed, installed or used by any person except as approved by the Committee and the Town of Vail. Each property owner shall provide suitable receptacles for the collection of -5- Protective Covenants ~ y,~.~.;;:;; ~ w i ' ' Vail/LionsHead, Second Filing ~ ':y;.; . _ ' .,.,,.rte` f• . trash, ashes, garbage or rubbish. Such receptacles' s}iall bei °~s-~ screened from ~ ~ public view and protected from distur2iarices. ~,.,¢,R_: 6.2 Definition. As used in this Section 6, "trash,. gaiba or rubbish" shall include waste, rejected, valueless: or wort2i~es~ matter, materials and debris, useless, unused, unwanted,: o`'d~:r-,"~~~Y carded articles from an ordinary household, waste from the"pre y'-~~?` paration, cooking, and consumption of food, market refuse,~waste r, from the handling, storage, preparation or sale of produce~;'`-tree-' ~ ~.r.;.. branches, twigs, grass, shrub clippings, weeds, leaves, ~and~~~other.~ •;",i'i general yard and garden waste materials; but shall not include,-,.=_~~~~ K.:;~~: food or food r du ^ p o cts to be prepared over outdoor or open f i_ res : nor wood or other materials used for fuel in fireplaces. 7. LIVESTOCK ,~'c No animals, livestock, horses, or poultry of any kind, excep't~'.~_;"°~ dogs, cats, and other household pets, shall be kep;:, raised Ar ' ' bred in Vail/LionsHead, Second Filing, except in areas designated for such purposes by the Committee; provided, however, that nothing-, _ =r herein contained shall be construed to permit the commercial breed-.~~ ing of dogs, cats or other household pets or animals in VailfLions= - Head, Second Filing. S . TREES ~ " No tress shall be cut, trimmed or removed in Vail/LionsHead, Second Filing, except with prior written approval of the Committee, and all such work shall be performed by persons approved by the Committee or by the Town of Vail. 9. SET BALK REQUIREMENTS ,x There shall be no general requirement for the location of imgrovements within property lines except those shown on the plat of the subdivision or imposed by governmental zoning regulations, but the location of each improvement must be approved in advance by the Committee. In determining the proper location for each _ improvement, the Committee shall consider the proposed location, the location of existing and projected improvements on adjacent property, the effect upon adjacent property owners of any proposed improvement location, and sucTt other considerations as it may deem appropriate. -G- - ' :r . ~r < ..Protective Covenants ~ ¦ Vail/LionsHead, Second Filing 10. LANDSCAPING AND GARDENING Ail ground surface areas not used as improvement sites but disturbed by construction shall be returned promptly to their natural condiLicn and revlarted in native grasses, unless s~ich areas are to be utilized for gardens, lawns, and exterior living areas. Every improved building site within the subdivision shall be landscaped according to a plan approved by the Committee. The landscape plan shall be submitted to the Committee at the time of `.he submission of gonstruction plans and approval by the Committee of either plan may be denied until both the plans for building construction and landscaping shall have been approved. Easements adjacent to a lot but outside the boundaries thereof may be„appro- priately landscaped, subject to the provisions of these covenants, by the owner of the lot, but in the event such landscaping is disturbed by use of the easement, the cast and expenses of restor- ing such landscaping shall be solely that of the owner of the lot. I:. AREA REQUIREr1ENxS No living unit designed for human use or habitation shall be constructed unless the aggregate floor area, exclusive of open porches, basements, carports and garages, shall comply with appli- cable governmental zoning requirements and shall have been approved by the C,,,.....ittee. The committee shall determine from the design of the improvement whether an area which is partially below grade may be used to calculate whether the proposed structure cor~~plies with the minimum area requirements. The Committee may, pursuant to t'~ese covenants, impose greater minimum floor area requirements than those imxsed by zoning regulations and may apply different criteria for determining compliance. 12. TRADE NAMES i:o trademark, trade name, trade symbol or combination thereof shall be used on structures, or far businesses or services in Vail/ LionsHead, Second Filing, unless the same shall have been first approved in wziting by the Committee. 13. TEMPORARY STRUCTURES No temporary structure, excavation, basement, trailer or tent shall be permitted in Vail/LionsHead, Second Filing, except as may be reasonably necessary during construction :~rdd authorized by the Committee and except as may be necessary for athletic events. -7- ?Mi~.~: r~ ~ y ~ Protective Covenants Vail/LionsHead, Second Filing ~ 14. CONTINUITY OF CONSTRUCTION All construction a~..,...enced in Vail/LionsHead, Second Filing, shall be prosecuted diligently to completion and shall be com- pleted within twelve (12) months of commencement, unless the Owner or the Committee shall, in writing grant additional time. 15. NUISANCE ~ 3 No noxious or offensive activity shall be carried on within the subdivision nor shall anything be done or permitted which shall constitute a public nuisance in Vail/LionsHead, Second Filing. 16. FENCES' No fences, walls or other barriers shall be permitted in Vail/LionsHead, Second Filing, except with the written consent of the Committee or a5 otherwise herein expressly permitted. i 17. EFFECT AND DUP_'1TION OF COVENANTS The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of and shall regulate the use of each lot, block and tract in Vail/LionsHead, Second Filing, Eagle Gounty, Co rrado, and shall be binding upon each owner of property therein, his successors, regresentatives and assigns. These covenants shall continue in full force and effect until January 1, 2070. l8. AMENDMENT The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, termi- nated, or amended except by written consent of the owners of 66 ' 2/3% of the surface area within the boundaries of Vail/LionsHead, Second Filing, as the same may be then shown by the plat on file in the office of ~:he Clerk andRecorder of Eagle County, Colorado. l9. ENFORCEMENT 19.1 Procedure for Enforcement. If any person shall violate or threaten to violate any of the provisions of this instrument, Vail Associates, Inc. or its successors or assigns, the Town of Vail, or any owner of real property in Vail/LionsHead, Second Fil- ing, his agents or employees, may, but without obligation to so so, enforce the provisions of this instrument by: -e- i Protective Covenants ; ;~;~Fk'i' ~ r ~ Tr~r~ 'Vail/LionsBead, Second Filing ' ~ Y ` ~Q: r ~ 19.1.1 entering upon the property,. athere= the 1~"'~'yy ?;~i~ S3 violation or threatened violation exists ~and~•re-~~ moving, remedying and abating the violation.; -.such' ~ - self-help shall only be exercised after hadirigt~ y'" ~ r_ r given fifteen (15) days prior written notice to p party upon which .the'. - . = ~ - ~ the owner or owners of the ro ~ violation exists and provided the owner shall have' ~ _ . failed within such time to take such action as rmay'..' . '~':r'~:~~~~~.~. . be necessary to conform to the covenants; or 19.1.2 instituting such proceedings at law or in equity as may be appropriate to enforce the pro- visions of this instrument, including a demand for injunctive relief to prevent or remedy the threaten- ~ ed or existing violation of these covenants and for _ damages. 19.2 Notice and Service of Process. Each owner of real property in Vail/LionsAead, Second Filing, hereby appoints the Town Clerk of the Town of Vail as his agent to receive any notice provided for herein and to accept service of process in ariy court proceeding brought to enforce the provisions of this instrument. Any notice required under this Section 19 shall be written and shall specify the v'oZa~ion or threatened violation objected to, tt+e property subject to the violation and shall demand compliance f r the ivi:~ of with these covenan~s within fifteen (15) days a to g, g such notice. If niter reasonable effort the person giving the notice shall be unable to deliver the same pezsonally to the peg- ; son to whom it is directed and shall be unable to obtain a retuz-r: receipt showing delivery of notice to the person to whom it is directed, then the required notice shall be deer.~cd sufficiently given if posted upon the property described in the notice and mailed to the last known address of the person to whom the notice is dir- ected and if also mailed or delivered to the Town Clerk of the Town of Vail as agent of the property owner. Personal service of pro- cess upon any person owning land in this subdivision made in accor- dance with the preceding sentence may be obtained, but only for the enforcement of these covenants, by service ofrrocess upon the Town Clerk of the Town of Vail as agent for the said owner, if after reasonable diligence such defendant cannot be found within the •e State of Colorado and personal service cannot be otherwise obtained under the Colorado Rules of Civil Procedure. 19.3 No Liability for Damages. Vail Associates, Inc., the Town of Vaii, or any other person hereby authorized to remove or remedy violations or threatened~~;iolations of the provisions of - 9- J~al: ' Protective Covenants - ' -1~' Vail/LionsHead, Second Filing this instrument in accordance with paragraph 19.1.3, shall not be liable to any person for so doing except for any injury or damage resulting from intentionally wrongful acts. Any person acquiring any interest in real property in Vail/LionsHead, Second Filing, after the recording of this instrument in the records of the County Clerk and Recorder of Eagle County, Colorado, shall be deemed to have waived any and all rights to or claims for damages or injury resulting from efforts to correct or to prevent any violation or threatened violation of these covenants in accordance with paragraph 19.1.1 above with respect to the real property so acquired. 19.4 Collection of Costs and Expenses. Vail Associates, Inc., the Town of Vail, or any other person or persons proceeding in accordance with paragraph 19.1.1, shall have a claim against the owner or owners of the property with respect to which the violation or threatened violation of these covenants has occurred in an amount equal to the actual costs and expenses, including reasonable attorneys' fees, incurred in connection with preventing, rez?oving or remedying such violation or threatened violation. Such claim shall not exceed the amount of Two Thousand Dollars ($2,000.00) for any one violation or threatened violation of the provisions of this instrument and shall be enforceable through any appropriate court action. Vail Associates, Inc., the Town of Vail, or any other person or persons bringing a proceeding under paragraph 19.1.2 to enforce any provisions of this instrument shall be entitled to judgment for the actual costs and expenses, includ- ing reasonable attorneys' fees, incurred by such person in the pro- secution of such proceeding in addition to any other relief granted by the court. 19.5 Waiver. Nc assent or acquiescence, expressed or implied to any violation or threatened violation of any of the provisions of this instrument shall be deemed or taken to be a waiver of any succeeding or other violation or threatened violation of these prctecti•~e covenants. 20. DEFINITIOF OF PROPERTY OWNER As used in this instrument, the phrases "real property owner" or "owner of real property" shall mean any natural person, partner- ship, co~~..ration, association or other business entity or relation• ship which shall own an estate as a co-tenant or otherwise in few simple or for a term of not less than forty-nine (49) years in any portion of the lands included within the boundaries of Vail/Lions- Head, Second Filing. Such phrases shall not include within their -10- J Protective Covenants • Vai3./LionsHead, SeconB Filing meaning the holder or owner of. any lien or secured interest in lands or improvements thereon within the subdivision, nor any per- son claiming an easement or right-of-way for utility, transports- ' tion or other purpose through, over or across any such lands. 21. SEVERABILITY A determination of the invalidity of any one or mJre~ of the -r previsions of this instrument by judgment, court order or decree shall in no wise affect any of the other provisions hereof, which shall .remain in full force and effect. .`r r V l E~~3TED T?iIS 12th day of October 1971. .(~a~~~'._,~ _ VAIL ASSOCIATES, INC. • : ~ 1~,~ sa:J i / ,1,,,34 By Vice- president 3y s Secretary 1 OF COIARADO) ss. COUNTY OF EAGLE ) a The foregoing instrument was a:':nowledged before me this 12th day of OctoSer 1971, by ROBERT H. NOTT d8~ vice president of VAIL ASSOCIATES, INC. a • ~'WI~NESS my hand and official seal. y ' ~ • . - -'='„MX~,commission expires : a i ~ ~ i ~ • - Notary Public n• ^14 -11- ' } ~ ~ '.K ' . ' . •~.~NG x. _ Imo,.' EXHIBIT A - ti:F: PROTECTIVE COVENANTS FOR ~ • ~ w~~'`-~'} . ' r VAIL/LIONSHEAD SECOND FILING ~ ~ EAGLE COUNTY, COLORADO ~ LEG,4L DESCRIPTION OF PLATTED LANDS ~ ~;1 • - a~ ,x Part of the South half of Section 6 and ~ ~ art of the P. North half of Section 7, Township S South, Range 80 West of the 6th Principal Meridian, Town of Vail, County of . . Eagle, State of Colorado described as commending at the Northeast Corner of said Section 7, thence SO°23'00" E - 39.20 feet along the East line of said Section 7 to the ~ ` Southerly right-of-way line of U.S. Highway No. 6 now Interstate Highway I-70; thence N 79°41'13" W 25.44 ~ feet along said right-of-way line to the Northeast ~ corner of VAIL VILLAGE, SECOND FILING: thence continu- ing N 79°41'13" W 537.76 feet along said right-of-way line and the Northerly line of said VAIL VILLAGE, SECOND ` FILING to the true point of beginning of this description; thence continuing along said right-of-way line on the following six courses: (1) N 77°32'18" W 213.50 feet to a point on the arc of a 469.30 foot radius curve; (2) 146.70 feet along said arc of a curve to the right, whose central angle is 17°54'36" and whose long chord bears N 56°43'58" 1V 146.10 feet; (3) N 3E°35'31" W 214.10 feet; (4) N 40°00'36" W 179.00 feet; (5) 68°01'02" W 176,80 feet to a point on the arc of a 3,650.00 foot radius curve; and (6) 701.03 feet along said arc of a curve to the left, whose central angle is 11°00'16" and whose long chord bears N 80"18'17" W 699.96 feet, to the Northeast corner of VAIL/LIONSHEAD, FIRST FILING; thence along the; Easterly and Southerly .boundary of VAIL/LIONSHEAD, FIRST FILING on the follow- ing fifteen courses: (1) 116.15 feet along the arc of ; a 46.00 foot radius curve to the left whose central ~ angle is 144°40'1.9" and whose long chord bears S 12°36'09" E 87.66 feet to a point of tangent; (Z) S 84°55'18" E 140.00 feet to a point of curve; (3) 232.05 feet along the arc of a 151.00 foot radius curve ~o the right, whose central o ~ an le is 88 03 00 and who ~ 8 se long chord bears S 40 54 48 _ E 209.88 feet to a point of compound curve; (4) 271.75 feet along the arc of a 1.73.00 foot radius curve to the right, whose central angle is 90°00'00" and whose long chord bears S 48°06'42" W 244.66 feet to a Foint of " tangent; (5) N 86°53'18" n' 65.60 feet; (6) S 5°43'51" W 341.10 feet; (7) N 80°00'30" W 215.00 feet; (8) N 89°ll'00" ?ti 141.70 feet; (9) S 64°22'00" W 126.50 feet; (10) S 17° 10'30" {V 100.50 feet; (lI) S 11°02'30" W 153.50 feet; (12) S 54°34'00" {V 89.00 feet; (13) N 78°13'30" W 158.00 feet; (14) S 83°35'00" W 59.50 feet; and (15) S 46°22'30" ~ " Sn r~; `j i, .C 'Yi-~ ,Fl =;mow."Jr•'ll; +/F~ _ . . ~ EXHIBIT .4 t~ PROTECTIVE COtrENANTS FOR VAIL/LIONSHEAD SECOND ~e 2 FILING, EAGLE COUNTY, COLORADO tip' 141.61 feet; thence S 4°35'55"E 73.27 feet; thence N 63° 2-1'00" E Zd5.00 feet; thence N 82°24'00" E 245.00 feet; thence N S2°24'00" E 145.00 feet; thence N 54°34'00" E 72.00 feet; thence N 11°34'00" E 252.00 feet; thence N 64°22'00" E 95.00 feet; ther_ce 8S°05'00" E 125.00 f~et; the me S i3°36'00" E 185.00 fee*_; thence N 90°00'00" E 10.00 feet; thence S 49°36'00" E 235.00 feet; thence S 36°-15'4:" c 179.90 feet; thence S 19°52'33" 1V 131.57 feet to the Northeast Corner of Lot 41, Block 7, VAIL VIL LaGE, FIRST FILING; thence along the Northerly line of said Block i on the follo~~ing three courses: (I) S i2°14'00" E 30i.1b~ feet; (2) N 89°02'00" E 571.69 feet; and (3) S i5°2i'00" E I7S.OG feet to the Northwest Corner of Tract J, Vail VILLAGE, FIRST FILING; thence along the boundary line of said Tract J on the follow- ing fire courses: (1) S 0°55'00" E 1%2.10 feet to the Southwest corner of said Tract J, a point on the arc of a 1,235.15 foot radius curve; (2} 262.02 feet along said arc of a curve to the right, whose central angle is I1°57'x9'' and whose long chord bears S 62°22'36" E 26i.~0 feet to a point of reverse curve; (3) 179.28 feet along the arc of a 302.26 foot radius curve to the legit, ~+hose central angle is 13'59'00" and whose long chord bears S i3°23'30'' E Ii6.b6 feet to a point of tangent; (4) \ 39°31'00" E 120.86 feet to the Southeast Corner of said Tract J; and (5) ~ 0°23'00" 6Q.63 feet; thence ~ 8I°I9'44" W 187.60 feet; thence 69`2'•'06' t~ 95.01 feet; thence N 26°48'32" lr Si.i0 feet; thence N 13'51'30" E 11.06 feet to a point on the North line of said Tract J, from ti,•hence said ~~oTthwest Corner thereof bears ` i5°27'00" iv 233.42 feet and whici, p•~int is also the South-Southwest Corner of Tract 4"AIL 1~'ZLLaGE, SECOND FILING thence along the Southerly line of VAIL VILLAGE, SECOND FILING on the follottiing ten courses: (1) N 26°x0'00" lti 111.91 feet; (2) N 41'30'00" tv 240.00 feet; (3) N 55° 00'00" ~i i5.~?0 feet; (-3) N 78°00'00" ti~ 100.00 feet; S 6~°00'00" ~r 133.u0 fQet; (6) S i9°00'00" W 290.0.0 feet; (7) N 67°00'00" iti L00.00 feet; (8) ti 53°00'00" t~, Ii5.00 feet; (9} N 59°OU'00" 165.00 fe^t; and 110; ~ 68'30'00" 115.00 feet to the Southc~est Corner of Lo*_ 9, G:aIL VILLAGE, SECOND FILING thence N 45°03'56" E 129.37 feet along the Ives*_erly line of said Lot 9 to the Southeast Corner of Tract A, VAIL 'dILLAGF., SECOND FILING thence ~ 9°45'49" ~ti lO1.I6 feet along the Westerly line of • said Tract A; thence ti 28°57'17" E 170.00 feet along said E ir'esterly lire to the Northwest Corner of said Tract A ~rhich is a point on the Northerly line of said 'VAIL VILLAGE, SECOND FILING on the azc of a 1,852.73 foot radius curve; ~ thence Easterly along said Northerly line on the follow- ing four courses: (1) 254.11 feet along said arc of a curve to tr,e right, whose central angle is 7°51'30" and ,,.~~t. E.\EIIBIT A i0 YkUl~l.llVh I,UVL'!V/~11V~~ 1'U!l VH1L/ Lluiral'1L/•1L JL~U~IL . ~e 1 FILING, BACLE COUNTY, COLORADO •tivhose long chord bears S 83°36'58" E 253.91 feet to a point of tangent; (2) S 79°41'13" E 59.84 feet; (3) 5 85°24'3I" E 100.29 feet; and (-41 S 79°41'13" E 523.02 feet to the true point of beginning, containing 19.950 acres, more or less. included within the above description of Platted Lands are (1) part of Tract J, VAIL Vii.LAGE, FIRST FILING a subdivision plat recorded in Eagle County, Colorado, Reception No. 96382, filed in Plat Book at Page 49; (2) all of Lots 11, 12, and • l3, and part of Lot 14, VAIL VILLAGE, SECOND FILING a sub- division plat recorded in Eagle County, Colorado, Reception No. 96928, filed in Plat Book at Page 56, as amended by a plat ~ahich is filed under Reception No. 97199, in Plat Book at Page 58. 4 T_ ~L. r . f i ~ Vic, c5y cer:r~,• tf:is lgstr'u~:,3~f ~ was zi~e-. :ar rc;~-~ it Tray o~f:c~~ t~~~ _ ~~t."r~c..'<_._..!~i., a^~ ;s c'u'y r~cord~dl County C?erk and Recor~r - ~7. L Fae LC;~! ~I N' y,! Dear Mr. Mauriello: I am writing you on behalf of the Board of the Vail International Condominium Owners Association. We appreciate the opportunity to review the proposed amendments being proposed by you on behalf of the Board of the Lodge at Lionshead Phase 3 Association. Upon review of the proposal to eliminate any reference to the Architectural Control Committee, we agree and support the proposed covenant amendments. We believe that the proposed amendments will allow all of the properly owners in this subdivision to renovate and redevelop without the risk associated with complying with a covenant requiring review by a committee that does not exist. We encourage the Town to amend the covenants as proposed. Please forward this letter to the appropriate Town of Vail officials an my behalf. Sincerely, Heidi A. Hansen, President, Vail International Condominium Owners Association 300 Lionshead Circle Vail, Colorado heidihansen aC~orodiav.net From: TJ Brink fmailta:tbrinkCalsemnerdev.caml Sent: Thursday, June 21, 2007 5:35 AM To: Dominic Mauriello; Snowden Smith Cc: George Ruther Subject: RE: Vail Lionshead 2nd Filing Covenants Dominic: As owners of the Evergreen Lodge at Vail, we have no objection to the requested amendment (as I discussed with George Ruther on two separate occasions over the past several weeks); however, we don't understand why the Town of Vail and your client would not want to terminate the entire covenant agreement. Every provision in the agreement is either controlled by the architectural control committee (which will now be deleted by your proposed amendment) or involves issues and restrictions which are covered fully by the current Town of Vail zoning rules. Accordingly, if you are going to take the time to do this, I believe you should recommend that these be terminated completely and not just amended. Thanks, TJ Very truly yours, Thomas J. Brink President HB Development Co. Minneapolis Office: RESOLUTION NO. 17 Series of 2007 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF COLORADO TO PREPARE A TRANSPORTATION MASTER PLAN AND ACCESS MANAGEMENT PLAN FOR THE I-70 VAIL FRONTAGE ROAD, IN VAIL, COLORADO; AND SETTING FORTH 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 Council considers it in the interest of the public health, safety and welfare to prepare an Access Management Plan for the Vail I-70 Frontage Road. The estimated total cost of the work shall be Twenty-Four Thousand dollars ($24,000), which the State of Colorado (the "State") has funds available and desires to provide 100% of the funding for the work. WHEREAS, the Council's approval of this Resolution No. 17, Series 2007, is required to enter into this Intergovernmental Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Intergovernmental Agreement to prepare a transportation master plan and access management plan for the Vail I-70 Frontage Roads is hereby approved by the Council. 2. 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 7th day of August, 2007. ~ Rodney E. Safer, Mayor of the Town of Vail, Colorado A i l: ~ ti~ LoreleiDonaldson, f ~ Town Clerk ~ ~~~RAD4 Resolution No. 17, Series 2007 RESOLUTION NO. 18 Series of 2007 A RESOLUTION ADOPTING THE TOWN OF VAIL, COLORADO GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITY ACT DATED AUGUST 7, 2007; AND SETTING FORTH 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 Council considers it in the interest of the public health, safety and welfare to adopt the Town of Vail, Colorado Grievance Procedure under The Americans with Disabilities Act. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town of Vail, Colorado Grievance Procedure under The Americans with Disabilities Act Dated August 7, 2007, is hereby adopted, will be maintained on file and available for review at the offices of the Town Clerk of the Town of Vail. 2. 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 7th day of August, 2007< Rodney E. ,glifer, ~ ~ Mayor of the Town of Vail, Colorado of ~ ATTE ~ p~N • •.qi Ql „ A, `ea'u SE ~ ~Lor ei D naldson, n C rk Resolution No. 18, Series 2007 RESOLUTION NO. 19 SERIES 2007 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL, COLORADO, AT A REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2007, A BALLOT ISSUE CONCERNING THE ADOPTION OF A USE TAX TO FINANCE CAPITAL PROJECTS AND ACQUISITIONS; AND PROVIDING OTHER DETAILS RELATING 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 (the "State") 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 hereby finds and determines that it is in the public interest to adopt a four percent (4%) use tax in the Town on the privilege of storing, using and/or consuming any construction and/or building materials purchased at retail inside or outside of the Town; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR"), requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, and the spending of certain funds above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, the Town will hold its regular municipal election on November 6, 2007 (the "Election"); and WHEREAS, November 6, 2007, is one of the election dates at which ballot issues maybe submitted to the Town's electors pursuant to TABOR; and WHEREAS, pursuant to Section 2.3 of the Charter, the Council hereby determines that the Election shall be held and conducted as a polling place election in accordance with Article 10 of Title 31, Colorado Revised Statutes ("C.R.S.") (the "Municipal Election Code"); and WHEREAS, the Council is of the opinion that the Town should seek voter approval to increase taxes for the purpose provided in this resolution; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the Election. Resolution No. 19, Series 2007 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE i TOWN OF VAIL, COLORADO: Section 1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in TABOR and in Section 31-10-102, C.R.S. Section 2. Pursuant to Section 31-10-105, C.R.S. and Section 2.5 of the Charter, the Election Commission of the Town shall perform all acts required or permitted by law in connection with the Election, which Election shall be held and conducted as an independent polling place election. Section 3. Pursuant to the applicable laws of the State and the Charter, the Council hereby determines that the following ballot issue is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Vail, Colorado, at the Election: SHALL THE TOWN OF VAIL'S TAXES BE INCREASED BY $4,000,000 IN FISCAL YEAR 2008 AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER THROUGH THE ADOPTION OF A USE TAX ON THE PRIVILEGE OF STORING, USING AND/OR CONSUMING IN THE TOWN OF VAIL ANY CONSTRUCTION AND/OR BUILDING MATERIALS PURCHASED AT RETAIL INSIDE OR OUTSIDE THE TOWN, AT THE RATE OF FOUR PERCENT (4%) OF THE RETAIL COST OF SUCH MATERIALS AND SHALL THE TOWN BE AUTHORIZED TO COLLECT AND SPEND SUCH REVENUES, INCLUDING ANY INTEREST AND INVESTMENT INCOME THEREON, EXCLUSIVELY FOR CAPITAL ACQUISITIONS AND CAPITAL PROJECTS IN THE TOWN OF VAIL AS A VOTER APPROVED REVENUE CHANGE NOTWITHSTANDING ANY REVENUE OR EXPENDITURE LIMITATION, INCLUDING THOSE CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Section 4. If a majority of the votes cast on the question to levy a use tax submitted at the Election shall be in favor of issuance of the levy of the use tax as provided in such question, the effective date of said tax shall be January 1, 2008, and the Town, acting through the Council, shall be authorized to adopt an ordinance levying the tax in accordance with such question and to provide for the administration and collection of the tax. Any authority to levy the use tax, if conferred by the results of the Election, shall be deemed and considered a continuing authority to levy the tax so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 5. It is the intention of the Council that when an ordinance is adopted to levy, administer and collect the use tax, said ordinance shall include a provision to exempt or to rebate the use tax collected on materials used to build workforce housing. Resolution No. 19, Series 2007 Section 6. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 7. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the Election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Section 8. 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 9. 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 ADOPTED this August 21, 2007. Rodney E. Slier, Mayor (SEAL) SEAL ATTEST: o~~~c ~ ~ ( Lo elei onaldson,°Town Clerk l~ Resolution No. 19, Series 2007 Resolution No 2 . o, 2007 (Not Used) Reissued as an Ordinance No. 33, 2007 That eventually failed RESOLUTION N0.21 Series of 2007 A RESOLUTION AMENDING EXHIBIT B "PERMITTED CAPITAL IMPROVEMENTS" OF THE TOWN OF VAIL MASTER DEED RESTICTION FOR VAIL COMMONS, RED SANDSTONE CREEK, NORTH TRAIL TOWNHOMES, PITKIN CREEK PARK CONDOMINIUMS #5-F AND VAIL HEIGHTS #11 TO INCLUDE SPECIFIC ADDITIONS TO THE PERMITTED CAPITAL IMPROVEMENTS; AND S~ i i ING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has caused certain developments in the Town to be constructed and deed restricted with a price appreciation cap so the units will perpetually remain affordable to local employees; and WHEREAS, the Town of Vail Master Deed Restriction at Vail Commons, Red Sandstone Creek and North Trail Townhomes contains an price appreciation cap as well as a limited list of Permitted Capital Improvements that may be recouped upon sale of a unit in one of the developments to further maintain the affordability; and WHEREAS, the Town of Vail has come to recognize the Permitted Capital Improvements may be too limited as these developments are nearing ten years old; and WHEREAS, the addition of specific new Permitted Capital Improvements will not eliminate the affordability of these units and may encourage greater improvements to individual units that will further future enjoyment of the unit; and WHEREAS, The Town of Vail has deemed it necessary to amend this Agreement, and where such unilateral action does not materially impair the Owner's rights or any lenders rights under this Agreement; and WHEREAS, the Vail Town Council finds that this Resolution furthers the objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances the availability and quality of employee housing within the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The following improvements shall be additions to the existing Permitted Capital improvements listed in Exhibit B of the Town of Vail Master Deed Restriction for Vail Commons Village, Red Sandstone Creek, North Trai! Townhomes, Pitkin Creek Park Condominiums # 5- Fand Vail Heights # 11. a. New Carpet and Carpet Pad b. New Hardwood, Wood Laminate, or Tile Floors and Base 1 c. New Energy Star Rated Appliances (includes: clothes washer and dryer, refrigerator, range, oven dishwasher, and built-in microwave) d. New Baseboard, Window Casing, and/or Interior Doors when the entire unit is finished in an identical material and quality e. New Counter Top in kitchens and bathrooms or bath tub surrounds 2. The value of these improvements will be depreciated over afive-year time period. 3. The Maximum Annual Price of the new Permitted Capital Improvements will be updated administratively on an annual basis. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of September, 2007. O~•N~O F ~V~~~ A'~, Rodney Slifer, Mayor, own of Vail E JRp' Lok~lei Donaldson, Town Clerk 2 RESOLUTION N0.22 Series 2007 A RESOLUTION APPROVING THE SOLARIS PARKING MANAGEMENT PLAN PURSUANT TO THE REQUIREMENTS OF THE APPROVED CROSSROADS DEVELOPMENT AGREEMENT; AND SETTING FORTH 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, On March 22, 2006, the Town Council approved the Crossroads Development Agreement requiring review and approval of a Parking Management plan prior to submittal of plans for a building permit. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the Solaris Parking Management Plan dated August 31, 2007, and the Addendum dated October 2, 2007, copies of which are attached hereto as Exhibit A, and made a part hereof by this reference. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 2"d day of October, 2007. Rodney E. Slifer, Tow ajror ATTE r k ~ ti~ Lo lei donaldson, Town Clerk ~E~, o~? Resolution No. 22, Series 2007 Exhibit A T ~ i ~t Solarl5 Parking Management Pfan Addendum October 2 20©? The developer's prrrn3ry goa! as to ensure that the ~olarrs parkrng ~acrlrty rs managed rn a manner that maxrm,zes t1~e use and occupancy of the park.rng spaces. As discussed beio~*r, the proposed parking management system ~1ill allay{ the ov,~ner to meet this ob,,ect~ve and satisfy the ch~r,g~~g needs of parking patrons in ,.he To~:,<r"i of 1:+'ail.. The parking management system ~s a #luid tool th;,at enahles tl~e parkrrlg operator to measure garage use and of#er different passes that take adtrantage of estahfished parking patterns. Bank tenants may, for example, regurre the use of a certain nvrriber of spaces during the daytime. The parking management system perrnats the parking operator to lrrrtrt hank it"rse of such spaces to ordinary business hours and sell evening passes to patrons ~~rho on=y need parking access after the hanks hati~e closed far the day (i.e. ctaefs ar bartenders a.,ork~ng rr~ i/ari 'v~ilac~ej. The parking management system :~#so allows the parking operator^ to meet the ~rarsous day-to-day needs of the part;Eng patrorss vr.s~trng the commercial center. The I'v#ovie Theater operator^ uvill, by way of illustration, ha:re the ahil€ty to prov~sde its customers vrith parking validation equal to the length of a movie. SrmrlarPy, the hank wrN fie able to offer parking ~~aiidation equal to the length of a typical bank i-rsrt. !t is on the o~~~ner's hest interest to maximise the occupancy of the parking facility. The proposed parking management system gives polaris the ability to understand the usage of the parking garage, therefore al(ow~ing for the flexibility to adapt the rxreasured use. If the. parking oiler^ator determines, for instance, that pa~'king space use is t}r~usually :o~.n~ sn t~~arch, the parking operator can offer dtf#erent products and incentives to increase ltrlarch occupancy the following year. Historical data collected t-~+ t:he systerr~ will aid the owner,~manager in making any future changes necessary to ensure the optrrnum use and occupancy of the parl~.ing #acrhty. Coal of Parking AAanaaement Plan The goal of the parking management plan for Bolaris rs to maximize the use of the entire parking structur°e. The ultimate goa~ is to seeF, I Or'?O7a utilization of parking spaces w~,~itt7in tie structure. Typically 1 OfJ%a is not really possible since customers and guests to the Resolution No. 22, Series 2007 property are constantly carnrng and gorrrg and from a retarl perspectrve z4+e don't r~+ant there try be stagnant long-term users accupyrng parksng spaces urhen there are paykng customers ~~.~ha may want to park as well. The goal rs to maxrmrze turn arrer^ rn parkrng spaces and achrevrng nearly l {4470 occupancy at peak perrads in the a%~rnter skr seasan. Achi~uir:a i;he Goal aF Hrah Occunancv Tore ownership and management cif the ~oiarrs project and the parking facrlrtres remains v~+rth the developer or ether managing entrty. 1©C7% of the parkrng ,~+rll be managed by this one entrty. This ensures that no one user type cantrais the operation of the parking to the detrrrnent of the ether users. The fafia~~~rng rs a descriptson of the different users of the parking facrlstres: • Resrdent:al Owners: Residential a..~ners are guaranteed the right to park v~?rthsn the park,ng facility. Hos~~dea~er, they are not assigned a parkrng space. They ha~Fe a right to use park€ng ~:rhen in residence. Residential owners e7vfrll have to check. rn with the concierge to activate their parkrng cards ti~trhert in residence The card vfiil expire at the end of their stay, ensuring that ante no longer rn residence, the parking space. occrspied by the resident is available far use by another user and thus ensuring that there eti+ill he no empty resrdentral parkrng space during peak per.ods. Flawever, far the duration of their stay, they ~n~il( ha5ae guaranteed access to a parking space. • Commercial Tenants: Gomnrercra; tenants are afforded the opportunity to park. within the parkrng facrl=ty. 4orr:meresai tenants are net assigned parkrng spaces and wrli utilize parlring spaces as generally available to the public. Each tenarst may be green as part of a negotiated lease, err Rt,'I card to a!lov., c~urck ar>d easy access. The owner may establish short term parking spaces for tenants to alla~~~ far carne and ga actr~,ntres and iaad~ng and del ~+aery. Parbng Club Members: The ~olarrs project tti+as approved with a certain number^ of parkrng spaces to he leased or managed as a parkrng drib. The goal of the parkrng club is to maintain high occupancy rates r~.~ithin the facility consistent 4w~~sth the averafl goof a$ the faciErty. to order to achse+re near ~ 44% occupancy, parkrng spaces will not be reserved, instead, membersh,ps are leased. The plan for the club rs to aver lease memberships beyond the number of cFub parkrng spaces and to make them avariabie ors a fast came first serve basis, Thrs rs similar to ,,hat was apvro+red on ~,7arl t'esorts' Front poor project. In year 6 at ~o(aris, we estimate that parkrng club memberships will be leased anyew+here from a ratio of ~.4: ! - I to ensure a near ! 44~~ occupancy rate during peak trines of tare year. This ratio rs suh~ect to change after year 1 based on the hrstarical data collected front our Parking P,~~an3gerr~ent ~ystern. Additsonally, rf club spaces are unoccupied for extended periods of time, those spaces can be made available to the genera( public. • Resolution No. 22, Series 2007 • CU3$OmEMS, CstlCSt9, and General Publrcr The. parking facilities at 5olaris ~N,~il! be available to the general public for parking hours a day, subject to certain rules and regul3tians !o.e., to prevent .abandon vehicles, uandalism, etc.} unless the parking facility is full or is otf~er~afise closed for maintenance. These users will pay a parking fee to use the facility. P~r~ctnu Rases At the o~>i+ner's discretion, rates may be set at a level that ~s marketable ~1ith the primary goal of a near I OC]°r'o utitization of parking spaces a+rrthira the structure. 7n order to achieve this type of occupancy rate, parking rates :~~rll be structured to strike a balance bet~{ePn parking rever~ues ,and occupancy. To ensure success of retail ar7d restaurant usage ;~rthrn the 5©lar,s project and to ensure adequate tuna o~.~er of park.inca spaces, the ov~ner rr~ay establish credits ~A~ith a validation systear.. Enforcement: The Tou.~ra of 1~ail shat{ have the right to reviet~;~ this parking management plan in the future rf rt can be sho+~m that the parking facility is being managed inconsistent ~~ith the oh~ectrves est:ablrshed in this parking management plan and the Development Agreement. The parking club operates based nn the Planning and environmental Commission's approval of the conditional use permit. Conditional use permits may be caned up by the PEC, i# the terms of the permit are not being met. enrv Access The owner/r~nanager of t},e facility ;~~ill ensure that erraergency vehicles and personnel on officio! business 1~ave access in and out of the parking facility tf~rough the use of an ~ti11 card or access code at the entrance,~exrt lanes of the garage. Resolution No. 22, Series 2007 • Functitraul Design • Parking; Studies veyrlding tmnttluaxts I1C Investigations • Structural Design ¦ august 3l, 2dt~7 Solaria Fail Attn: Sharon PuczFnski 1 l N. Fraixtage Itd. Suite A ~ ail, CO 8155 f Re. Solaria Parking Management Plan This document defines official packing management plan. for Sa}aris. The goal of the Solaria Parking Operations is to maainxize the a`*ailabit~ of public parking. The Safaris parkirxg garage is separated into d~ree uses; public parking, residential parking and a private parking club. The lowest feral (Garage Lever cotxsists of the residential parking, parking club and public parking. Bath Level i ;Pfau Level) and Level ? ~Entre* Le~rel) are entirely dedicated to public parking. Entry/ Exit I.atxes and Equipment 1. Lane 1 (fintn; Larxe) a. mill patrans ~ ill use this faire to antes the parking area.. Control egwpment will be located. at dais erxtrv paint; it ~ ill allow the automatic vehicle identification (A~'I) patrons to enter quickly and easily without hacixxg to handle ar insert. an access card. The gate will open when tlxe A~FI reader senses a valid card. There ~~ll also be equipment which will. allow public parking patrons to receive a parkiixg ticket and open tlxe gate. 2. Lane 2 (Entry/Exit Lanej a. All patrans will use this lane to either enter or exit the parking area dependant on the time of dot or at the discretion of the operations manager. The dual functioixafitp of the lane is to miixizxzize the impact of traffic during bus~~ times,. i.e., mornings dzuing ski season or Sanuda~ and SuixdaF afternoons duriixg u>inter and summer seasons. The same etitc~ equipment from Lane 1 will be utilized in addition to a Pac on Faot s~^stem. Tlxis system operates without ati attendant. The patron takes the ticket to a kiosk located iix appropriate egress locations before rettzrniixg to their vehicle, they pay the fee aixd receive the ticket back. ~~heii they arrive at the exit lane iix then z*ehick they insert the ticket ixxto a ticket verifierY which then opens the gate allowing them ro leave. Control equipment wi"!l also be located at this point to allow the A~'I patrons to enter or exit quickie. 3. Lane 3 (Fait Lane t a. .hll patroixs mill use tlxis lane to exit the parking area. Duriuxg the times Lane 3 performs as an exit lane, Lane 3 will oixls allow A~'I patrons to exit. Tlxis nTill minimize the wait time at the exits for the residents and parking club patrans acid eliminate congestion in the exit lanes. 'When Lane ? performs as an eixtrc lane, Lane 3 u~U rettuxx to functioning as air exit far the pzxblic patrozxs acid A~'I card holders. 3100 E Bay~ud. Avenue, Suite :300 • Lkrrv~er CO SO?A4.343..355.14fi9 • www,pa~rkingcunsultnntsllc.com Solaris fail July Z0, 2007 Page 2 Parking Guidance System (PGSj 1. The parking guidance system (PCSj swill actis-ate illuminated signage which skirl indicate the c2tuzrber of parking spaces as*alable by level; it sill also indicate the ntuzaber of parking spaces by parkiczg bay on the Garage Level- The variable message sign at the entry of die garage mill alert patrons to doe availability of space on each level. Ixrel signs sxtili be located at the end of each bar to keep patrons updated on the availability of spaces as they cantu~tte through the garage. This st item has die capacity to publish Solaris parking availability to patrons kia the u~ternet. The illuminated signage is being update by the parkiexg guidance system svhiclz is being fed information from directional sensors. 'T'hese directional sensors count vehicles and mill be utilized in the erttrp/eyit as well as in each bap of the garage. 3. The parking gtudacice system swill pros~ide information. to a central computer in arder to monitor the usage of particulaz areas widen the garage. rldditionallp, this central computer mill be used to eotttral tlae gates allaskictg access Into the private and parking club areas. Fat example, uhecz it is determined tkzat public parking patrons skill be allowed to use the residential ar parkitag club area of the garage, the central computer can send a signal to raise the gate. Automatic Vehicle Identification 1. Private and parking club patrons mill enter and exit with AT'I tags. SaLuis will ensuue that these tags are not shared benyeen individuals. The r1T~I tags swill be `'tamper proof ' and if they are remati ed frorn die vehicle waidshield they are essentially destroyed and mill not operate. Conversely, there will be parking patrons that vrill need an ATE card but only temporarily because some twits will be rented out on a chart term basis. 2. ATE reader egtupment mill control the gates that separate the parking club axxd private parking patrons from the public. These readers aliosc° for chuck and secure esitra and exit acrd the readers mill provide the central computer tracking of access by the ?~T'I tags. r1s there will be times when public parking patrons swill be allowed to park ire the xesidential ar parking club areas, dxe system will be designed to allow= any vehicle tr,+ exit these areas even if they do not has-e an AVI tag. Residential Parking/ Parking Club To ensure drat we maximize the usage of all parking spaces with the garage, Solaris sill have operational measures in place to benefit the public parking patrons. TT'e have developed a system iii which die private parking areas sv511 be open to the public on an as*ailabilitp basis. ~ll residents or guests of Salaxis skill be required to check in with the Concierge ut arder to receive their trnxporarv r1T?I card. After they have reported to the concierge, they Hill receive their ATZ card. The AT'I cards mill be programmed irr accordance with the length of their stay. Tlis allows the management of dYe building to has-e an accurate count of ham many owners and. carresponduag cars are and swill be parked in the residential parking baps. 10 omner, ustless a permanent resident, mill has*e full access to tlae residential parking area- This operational taetic, ict addition to the central computer system, xxtill ensure die ability for public parking patrons to use both the residential parking bags and packing club when spaces are available. The following is an example of ham the residential or parking club areas gilt urork far psiblic patrons: On the cztorning of a powder dap, the public parking area is filling up quickly. The paskictg guidance system knows boxy macty residents f guests can be accounted for within tlae gated residential parking baps. The system knosx s drat 108 spots are available for zesidence pazkittg but that only 30 cars are registered to pazk in 300 E Bayaud Avenue. Suite :i00 • Denver CO 80249 ~ 303.355.1069 • wxaw. parrkingconsultantsllc.cnm Resolution No. 22, Series 2007 Sc~laris Vail July 20tYT Page that aria. Therefore vrhen the public parking is lull, the gate to the residential patkuig ~~ll open and allo~~ S cars in before closing. The same pruicipal will tae applied to the parking club bads. This spstem mill alu~~s be monitored br the operations manager to make certain that tlxe interest of the residence ou-ners as well as parking patrons ate accounted far, Sincerer, Parking Consultants, T T f' NcG:s,~c ~as.~&,.as. \ielissa $auglunan Project llianaget 34(10 E Bayaud Avenue, Suite 300 • [7enver CQ &0209.30.3.3SS. tOb9 • ww~v.pnrkingc~7r~sultantsltr.com Resolution No. 22, Series 2007 55 Union Ave Solaris Residences Sudbury, MA 01776 Parking Guidance System Equipment Ph. 978-043-2527 Parking 8~ Revenue Control Equipment Fax 978-579-9545 August 31, 2007 IRIERRRiIORRL www.trsinti.com • ~1 E t, ' f.. ~d C E. ti, SOLARIS RESIDENCES, VAIL COLORADO PARKING GUIDANCE S~'~ ~ ~M EQUIPMENT EQUIPMENT EXAMPLES DESCRIPTION Multi-Level Parking Guidance Sign -SAMPLE SIGN ~ ~ • ~~'i i, II ~ ili i~ N ~ ~ . ~ ~~I d~i~a~ r • Installed at the entrance to the Solaris Parking Garage • Super-bright LED Technology • Red & Green LED Displays proposed Ultra-Sonic Directional Sensors ~ • Ultra-Sonic sensors for distance measurement • One built in central processing unit to control sensor logic • Built in self test diagnostics ~ ° ~ • Directional counting of vehicles • Count distinction from luggage carts, pedestrians, and vehicles • Located throughout the Parking Garage to ensure precise counts 1 • 55 Union Ave Solaris Residences Sudbury, MA 01776 Parking Guidance System Equipment Ph. 978-443-2527 Parking 8 Revenue Control Equipment Fax 978-579-9545 August 31, 2007 I R T E ~fl R R T I O R R L www•txsinti.com ~ DESCRIPTION Barrier Gates Located at Entry/Exit Lanes, Residence Parking and Parking Club .,i Aluminum tubular design (rust & vandal proof) w/ a direct drive mechanism • Extruded fiberglass gate arm • Rubber vehicle protection strip on underside Break away design to avoid damage to barrier column Foundation plate for mounting included • Sensor Loops included Reversible Lane Signs ~V' i ~ Ip , k ~ p ~''~7} p ` ~ ~I s'~ ~ ~~i' ' f ~ {144 I ~~~~EG ~ ~ • kev~rsible i_an~: 5iyri a iiJi~tariy iane usage for Entrance/Exit Lane 2 • "Lane Open" to be displayed in green, "Do not enter" to be displayed in red • Ceiling Mount Gate Sensors • Detection of unauthorized breaking through gate Entrance Column/Ticket Dispenser " • 2 Entrance Columns at Entry Lanes 1 & 2 • Mag-stripe or barcode ticket read/write capability • Proximity card technology integrated into same slot as ticket issuance • 6" - 8" proximity read range • ~ • 2 line LCD text display • Recessed back lit display to avoid glare and discourage vandalism • Ticket retraction when ticket not taken (terminal " swallows the ticket) • Integrated two-way intercom station 2 55 Union Ave Solaris Residences Sudbury, MA 01776 Parking Guidance System Equipment Ph. 978143-2527 Parking 8 Revenue Control Equipment Fax 978-579-9545 August 31, 2007 I O i E R II R 11 0 fl B ~ ~n~^'~^~ rr~roinr~~ ~ p ~ DESCRIPTION Exit Column/Verifier • 2 Exit Columns at Exit Lanes 2 & 3 • Ticket acceptance, proximity card technology acceptance integrated in same single slot • Mag-stripe or bar code ticket read/write capability • 6" - 8" proximity read range • Retains tickets & issues receipts • 2 line LCD text display • Recessed back lit display to avoid glare and ` ~ discourage vandalism ' • Integrated two-way digital intercom station AVI Antennae SmartPass® Reader ` ` Located at Entry/Exit Lanes. Residence Parking and Parking Club '~~2~rrP~rss~ Level Status Sign -SAMPLE SIGN DESIGN • Displays available spaces for each Level ipntl ~nw Installed at entrance point of each ~ ueu neG Level • LED Technology • Actual sign color TBD Directional Delineators -Used to ensure accurate system counts - ~ Used to channel traffic under proper count sensor • Creates "counting point" for accurate system counts ~ Controls traffic speed and ~P, proper lane travel throughout the parking facility • Located throughout the Garage • 55 Union Ave Solaris Residences Sudbury, MA 01776 Parking Guidance System Equipment Ph, 978-043-2527 Parking & Revenue Control Equipment Fax 978-579-9545 August 31, 2007 ~ [I i E N ~ A i l 0 ~ A L vvww.tcsinti.com ~ DESCRIPTION Automated Paystation -Pay-on-Foot (POF) Station ~ • Single slot ticket reading with illumination • Credit/Sy~IC~ ~ ~ Debit Card Acceptance i • Accepts banknotes & coins { ~ ~ • Dispenses change in coins and notes - 2 note dispensing i M capability • Accepts follow up tickets for validations • Lost ticket issue capability • Receipt Printer with internal ek~L manic journal ~ ~ ~ • Alarm monitoring for all vaults, a~,c„ doors, tampering • Integ~ al~.l two-way digital intercom with colored call button • ADA compliant • 2 Stations -Located at each Entry to the Parking Garage r W _ U) . _ . . - D 11J v '.T ~,t ~~1s+J~ '~'`~'r.P /s y .1Z%°.:7.'! 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PO;F=Pay on~~ Foot~~~Statioii~~~ o~ ~ ~ , SS Singe Space Sensor ~ i J fS Cevel Sign ~ _ AS Area Sign _ DD Directional ~ ~ I, DeliieatQrs ~ ~ ~ „ ' LP~=tensor .Loops ~ llII ' ~~`RS-Reversib,[a~Lane Sign ~ d. B a A -LEVEL 2 ] NTS RESOLUTION N0.23 Series of 2007 A RESOLUTION APPROVING THE DEVELOPMENT IMPROVEMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND OPEN HOSPITALITY/HILLWOOD CAPITAL PARTNERS, DATED AS OF SEPTEMBER 6, 2007; AND SETTING FORTH 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, After nearly six months of negotiation, the Town and aTexas-based development group, Open Hospitality/Hiliwood Capital Partners, dba OHP Vail One, LLC ("OHP") have completed a proposed Development Improvement Agreement (the "Agreement') for the redevelopment of the LionsHead parking structure; and WHEREAS, The negotiation described above was preceded by a year long competitive review process which included redevelopment proposals submitted by two developers, and resulted in the selection of OHP by the Council; and WHEREAS, OHP has proposed a $600 million mixed-use development on the site to include two hotels, residences, commercial space, a conference center, additional public parking, a transit center, a new visitor information center and other community amenities; and WHEREAS, Town staff and consultants, along with representatives from OHP, held a community meeting on September 10, 2007, to review with the public the details of the Agreement; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to approve the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Development Improvement Agreement by and between the Town of Vail and OHP Vail One, LLC, dated September 6, 2007, is hereby approved by the Council. Section 2. The Town Manager is hereby authorized to execute and deliver the Agreement on behalf of the Town. Section 3. This Resolution 23 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 18'h day of Septem~r, 2007. / Rodney I~~Slifer ~ Y Mayor of the Town of Vail A relei onaldson, •.•L.,~ Tow lerk SSA J Resolution No. 23, Series 2007 ~1 +~.••s •'Ae~ ~••~Q• RESOLUTION N0.24, SERIES 2007 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, 2008 THROUGH DECEMBER 31, 2008. W tir:REAS, the Town Council received and approved the operating plan and budget for the fiscal year 2008 on October 2, 2007; and W tir:REAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and Wtir:REAS, 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 - 22nd day of September, 2007; 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 $2,232,118 marketing related expenditures beginning on the first day of January, 2008, and ending on the 31St day of December, 2008. Attested: Signed: ~ l _ J v ~ Rodney E. Slifer, Mayo~? 'ti SEAL °~oRA~° RESOLUTION 25, SERIES OF 2007 A RESOLUTION SUPPORTING THE COLORADO FOREST MANAGEMENT IMPROVEMENT ACT OF 2007, ENCOURAGING THE CONGRESSIONAL DELEGATION OF THE STATE OF COLORADO TO ACTIVELY CONTINUE THEIR UNIFIED AND BI-PARTISAN SUPPORT OF THE BILL AND TO PUSH FOR RAPID APPROVAL BY THE CONGRESS OF THE UNITED STATES OF THE SAME, AND TO EXPRESS THE GRATITUDE OF THE BOARD OF TRUSTEES OF THE TOWN OF VAIL, COLORADO FOR RECOGNITION OF THE DELEGATION OF THE MAGNITUDE OF THE BARK BEETLE INFESTATION IN COLORADO AND FOR THE EFFORTS MADE IN DRAFTING, INTRODUCING, AND SUPPORTING THIS ACT. WHEREAS, An infestation of bark beetles has killed and is killing hundreds of thousands of acres of lodge pole pine and other conifer species in the State of Colorado; and WHEREAS, The dead trees threaten human life, safety, dwellings, businesses, and municipal and county government facilities, along with their associated jurisdictions; critical infrastructure (including but not limited to: municipal, agricultural, and commercial water collection and distribution systems; high pressure gas transmission pipelines; inter- and intra- state electrical transmission lines; micro-wave and radio broadcast and relay facilities; and highways and other public and private roads); entire watersheds, including those of the headwaters of the Colorado River and its tributaries; valuable tourism destinations, including ski areas, scenic view corridors, lakes and reservoirs, and other amenities natural and manmade that are essential to the economic health of Colorado; and wildlife through increased risk of catastrophic wildfire due to dead timber and the related massive fuel loading; and associated post-fire erosion, sedimentation, debris flows and the associated costs to mitigate the resultant damages; and WHEREAS, Insect killed trees are susceptible to "blow down" by high winds, on large and small scales, and that such blow down endangers the health and welfare of people, property, and infrastructures in and around the effected forests; and WHEREAS, The entire Congressional Delegation of the State of Colorado has recognized the magnitude of the problem, the lack of resources of local jurisdictions to address the situation, that policies of the federal land management agencies need to be altered to allow more immediate and long term actions to mitigate the consequences of the insect infestation and to provide for means to reduce the likelihood of such infestation in the future, and have addressed this problem in a bi-partisan and unified fashion by introducing the aforementioned Act to the 110th Congress; and WHEREAS, There is a sense of urgency that the provisions of this Act become available as rapidly as possible in order to forestall the negative consequences of the infestation and to make use of the forest materials before decay renders them valueless. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AS FOLLOWS: 1. The Colorado Congressional delegation is applauded for their bipartisan introduction and unified support of the Colorado Forest Management Improvement Act of 2007; and 2. The delegation is urged to promote the Act, to gain support in the Congress, and to actively pursue its passage as soon as possible; and that 3. The Town Council of the Town of Vail do hereby affirm their support to the Colorado delegation in this matter. INTRODUCED, PASSED, AND ADOPTED AT A REGULAR MEETING OF THE VAIL TOWN COUNCIL, AND SIGNED THIS 16T" DAY OF OCTOBER, 2007. is"'±~. ~.J /~!r'~ , Rod Slifer, Mayor Lorelei Donaldson, Town Clerk Resolution No. 26 2007 Issued in error and then Voided RESOLUTION N0.27 Series 2007 A RESOLUTION ADOPTING THE VAIL 20/20 STRATEGIC ACTION PLAN; AND SETTING FORTH 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 Council has determined that it is in the public's interest to create a strategic action plan establishing and clarifying the values, vision, and goals of the Town and its citizens; and WHEREAS, the Council developed the Vail 20/20 Strategic Action Plan that outlines goals, strategies and actions to be implemented by the Town over the next three to five years that will direct strategic policy and capital improvement decisions in order to achieve the community's stated vision and goals; and WHEREAS, the Council finds that the Vail 20/20 Strategic Action Plan is a reflection of community stakeholder and staff input; and WHEREAS, the Council supports the implementation of the Vail 20/20 Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Council hereby approves the Vail 20/20 Strategic Action Plan, dated November 6, 2007, attached hereto as Exhibit A. Section 2. The Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 3. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of November, 2007. Rodney E. 8(ifer, down i'~ayor TTE ~ ~ ~~~~1'l~-C~ p.~N~OF'Vgi l~fel~onaldson, Town Clerk SEAL ; Cp~~PdU Resolution No. 27, Series 2007 RESOLUTION N0.28 Series of 2007 A RESOLUTION DEFERRING OF THE REGULAR MEETING OF THE VAIL TOWN COUNCIL, PURSUANT TO SECTION 1-5-11 OF THE VAIL TOWN CODE, FROM JANUARY 1 TO JANUARY 8, 2008 AND JANUARY 15 TO JANUARY 22, 2008; AND SETTING FORTH DETAILS IN REGARDTHERETO. 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 1, Chapter 5, Section 11, Vail Town Code Regular and Special Meetings, the council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the council; and WHEREAS, Pursuant to Title 1, Chapter 5, Section 11, Vail Town Code, the council at a regular meeting preceding the regular meeting which will be deferred may defer the regular meeting to a subsequent date not later than one week after the deferred regular meeting date. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Due to the regular meeting of the Town Council being scheduled for January 1, 2008 a national holiday, this meeting date shall be deferred and rescheduled for January 8, 2008. Section 2. Due to the regular meeting of the Town Council being scheduled for January 15, 2008 a conflict with the Town's Annual Community Meeting, this meeting date shall be deferred and rescheduled for January 22, 2008. Section 3. 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 4. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED This 20th day of Nove r 0 . ~ r Dick Cleve apd own of Vail , A E ~ O...N.Di(~ G f' ~ S~ 'fir o~lei ~naldson Town Clerk ~ n ~,t O~ • ORA~'' , Resolution No. 28, Series 2007 RESOLUTION N0.29 Series of 2007 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO ENTER INTO AN AGREEMENT WITH THE VAIL CORPORATION REGARDING EMPLOYEE HOUSING OBLIGATIONS IN CONNECTION WITH THE ARRABELLE PROJECT. WHEREAS, Vail Associates, the Town and the Vail Reinvestment Authority (the "Authority"), entered into the Core Site Development Agreement, dated as of November 8, 2004. and WHEREAS, Paragraph 12 of the Core Site Development Agreement obligated Vail Associates to provide replacement employee housing for the Sunbird Lodge and incremental employee housing for additional development in the Lionshead area of the Town of Vail (the "Core Employee Housing Requirements"); and WHEREAS, the Core Employee Housing Requirements have been determined to be equivalent to 120 employee housing beds; and WHEREAS, Paragraph 12 of the Core Site Development provides that provision of the Core Employee Housing Requirements shall be a condition to the issuance of any certificate of occupancy for the Core Site Project (now known as "Arrabelle Project"); and WHEREAS, the Arrabelle Project is nearing completion and the Vail Corporation anticipates applying for a temporary certificate of occupancy in the near future; and WHEREAS, the Town and the Vail Corporation differ on the interpretation - of Paragraph 12 of the Core Site Development Agreement and on whether the Vail Corporation is in compliance with the terms of Paragraph 12; WHEREAS, the Town and the Vail Corporation have agreed to amend the Core Site Development Agreement so as to allow the Arrabelle Project to receive a temporary certificate of occupancy while assuring the Town that the Vail Corporation will provide the employee housing required by the Core Site Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. Paragraph 12 of the Core Site Development Agreement shall be amended as provided in the Core Site Employee Housing Agreement attached hereto. Resolution No. 29, Series 2007 2. The Town Manager is hereby authorized to sign the Core Site Employee Housing Agreement in substantially the same form as attached hereto. 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 11th day of December, 2007. Dick Cleve d Mayor of the Town of Vail, Colorado ATT~T: ~ ' •a Lgr~elei Donaldson, ~ Town Clerk ; ~L~L ~ ~,s coRt~ Resolution No. 29, Series 2007 CORE SITE EMPLOYEE HOUSING AGREEMENT THIS CORE SITE EMPLOYEE HOUSING AGREEMENT ("Agreement") is made as of the day of 2007, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by the Vail Town Charter (the "Town"), and THE VA1L CORPORATION d/b/a VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"). Recitals: A. Vail Associates, the Town and the Vail Reinvestment Authority (the "Authority"), entered into the Core Site Development Agreement, dated as of November 8, 2004. Initially capitalized terms used but not defined herein shall have the meanings given them under the Core Site Development Agreement. B. All obligations of the Authority and obligations owed to the Authority have been satisfied and the Authority is not a necessary party to this Agreement (as confirmed by the Authority by its execution at the end hereof). C. Paragraph 12 of the Core Site Development Agreement obligated Vail Associates to provide replacement employee housing for the Sunbird Lodge and incremental employee housing for additional development in the Lionshead area of the Town of Vail. The obligation for employee housing is referred to in the Core Site Development Agreement as the "Core Employee Housing Requirements." D. The Core Employee Housing Requirements have been determined to be equivalent to 120 employee housing beds (and the foregoing will be part of the parties' agreement hereunder). E. Paragraph 12 of the Core Site Development provides that provision of the Core Employee Housing Requirements shall be a condition to the issuance of any certificate of occupancy for the Core Site Project (now known as "Arrabelle Project"), and that Vail Associates could provide the employee housing on an interim basis for a period of five years. F. The Arrabelle Project is nearing completion and Vail Associates anticipates applying for a temporary certificate of occupancy in the near future. G. The parties differ on the interpretation of Paragraph 12 of the Core Site Development Agreement and on whether Vail Associates is in compliance with the terms of Paragraph 12. H. In order to resolve the differences between the parties and to avoid litigation, the parties now enter into this Agreement to insure that Vail Associates satisfies the Core Employee Housing Requirements in a timely manner and that necessary certificates of occupancy are issued for the Arrabelle Project. Agreement: NOW, THEREFORE, in consideration of the foregoing premises and the mutual agreements set forth herein, the parties covenant and agree as follows: 1. Vail Associates shalt post an irrevocable letter of credit in the amount of $17,345,789 (the "Letter of Credit"), in a form satisfactory to the Town, with Land Title Guarantee Company to secure the Core Employee Housing Requirements. 2. The amount of the Letter of Credit shall be adjusted on April 1, 2008, and each April 1 thereafter, to an amount consistent with the rates set by the Town Council by resolution for payment of fees in lieu as required by Section 12-23-6 and Section 12-24-6, Vail Town Code (Chapters 12-23 and 12-24 of the Vail Town Code being referred to hereinafter as the "New Housing Ordinances"). 3. Upon posting of the Letter of Credit, the Core Employee Housing Requirements shall no longer act as a condition to the issuance of a temporary certificate of occupancy for the Arrabelle Project. 4. Vail Associates shall use its best efforts to submit or cause to be submitted to the Town, by February 25, 2008, a complete development review application for a project or projects in the Town of Vail, which proposals shall include not less than 120 newly constructed employee housing beds to comply with the Core Employee Housing Requirements (provided the Town may not require more than 120 beds in the aggregate in relation to the Arrabelle Project), but may be part of larger mixed use development(s) on the North Day Lot and/or alternative location(s) in the Lionshead Master Plan Area or other location approved by the Town (collectively the "North Day Lot and/or Alternative Project"). The Town acknowledges and agrees that the North Day Lot and/or Alternative Project may involve direct or indirect ownership interests in favor of Vail Associates (or its affiliates) and/or third parties. The Town shall consider and process the review of such application promptly and in good faith, subject to the application being in compliance with the Vail Town Code, and by reasonable application of the Town's adopted development review requirements that are applicable to the particular site(s) (the "Review Standards"). 5. Vail Associates may amend or alter any North Day Lot and/or Alternative Project development application, or withdraw any such application from consideration by the Town and submit a new application, subject to its obligations in Section 6. 6. Vail Associates and/or any third party developers shall obtain approval of the development review application for the North Day Lot and/or Alternative Project on or before November 5, 2008 and the Town shall work in good faith to provide any approvals by such date for a timely filed application, all in accordance with the Review Standards. 7. Vail Associates and/or such other third party developer shall obtain a building permit for the construction of the North Day Lot and/or Alternative Project and shall commence construction of a North Day Lot and/or Alternative Project no later than May 1, 2009 (subject to extension as hereinafter provided), and shall actively prosecute construction of the North Day Lot and/or Alternative Project pursuant to a ,building permit for the construction of the North ~ neieoea: atr~~ a j 2 Day Lot and/or Alternative Project and shall to completion. Upon issuance of a temporary certificate of occupancy for the North Day Lot and/or Alternative Project, the Letter of Credit shall be promptly returned to Vail Associates and Vail Associates shall be deemed to have satisfied the Core Site Employee Housing Requirements. 8. Any employee housing units provided pursuant to this Agreement shall be permanently restricted by provisions incorporated into the deed or other instrument. Such provisions shall be in accordance with Town Code and the deed, as restricted, or other instrument shall be recorded in the records of the Clerk and Recorder of Eagle County. 9. Breach by Vail Associates. A "breach" or default" by Vail Associates under this Agreement shall be defined as: (i) the failure of Vail Associates no later than November 5, 2008, to obtain from the Town a complete development review approval for the North Day Lot and/or Alternative Project; (ii) the failure of Vail Associates, by no later than November 5, 2008, to obtain from the Colorado Department of Transportation (CDOT), if necessary, ali necessary approvals by CDOT for the North Day Lot and/or Alternative Project; (iii) the failure of Vail Associates to obtain a building permit for the construction of the North Day Lot and/or Alternative Project and shall commence construction of the North Day Lot and/or or Alternative Project on or before May 1, 2009 (unless this date is extended as hereinafter set forth) or (iv) any failure by Vail Associates to actively pursue construction of the North Day Lot and/or Alternative Project pursuant. to a ~ building permit for the construction of the North Day Lot ~eietad: obtama and/or Alternative Project once construction has commenced. 10. Breach by the Town. A "breach" or "default" by the Town under this Agreement shall be defined as follows: (i) failure by the Town to timely, diligently and in good faith consider and process the development review application for the North Day Lot and/or Alternative Project in accordance with the Review Standards, or (ii) failure of the Town to issue building permits or other requisite approvals for construction if proper application is made therefor under Town Code based on construction documents that conform to the approved development plan. 11. Mandatory Mediation. In the event a Notice of Breach is given by either party, the parties shall retain the services of a mediator, acceptable to both parties, within 15 days of the receipt of the Notice of Breach. In the event the parties are unable to agree on a mediator, the parties may exercise any remedy provided herein. The parties shall engage in mediation for a period not to exceed sixty (60) days from the date of retention of a mediator. Neither party may exercise its Remedy provided for in Paragraphs 12 and 13 below until the completion of the period for mediation. Either party may also cure any default during the mediation period. 12. Remedies for Breach by Vail Associates. The sole and exclusive remedy of the Town for a breach or default by Vail Associates shall be to draw on the Letter of Credit. Any proceeds that the Town may retain shall be applied solely to the Town's procurement in good faith of employee housing units in accordance with Town Code and to the end of furnishing the requisite 120 beds. 13. Remedies for Breach by the Town. The sole and exclusive remedy of Vail Associates for breach by the Town shall be for an extension of the required date for Vail 3 Associates to begin construction of the North Day Lot and/or Alternative Project (i) for a period of six (6) months from May 1, 2009, or (ii) the date upon which the breach by the Town ceases (whichever is later). 14. Notices. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below. If to Vail Associates: Vail Corporation c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Keith Fernandez, President Fax No.: (970) 845-2555 Phone: (970) 845-2359 If to the Town or the Authority: Town of Vail Stanley Zemler, Town Manager 75 South Frontage Road Vail, Colorado 81657 Phone: (970) 479-2105 Fax No.: (970) 479-2452 Any party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. 15. Attornevs' Fees. In the event any legal proceeding arises out of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other party all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and any presiding court will be bound to make this award). 16. Waiver. No failure by either party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy consequent upon a breach of this Agreement, will constitute a waiver of any such breach or of 4 such or any other covenant, agreement, term or condition. Either party by giving notice to the other party may, but will not be required to, waive any of its rights or any conditions to any of its obligations hereunder. No waiver will affect or alter the remainder of this Agreement, but each and every other covenant, agreement, term and condition of this Agreement will continue in full force and effect with respect to any other then existing or subsequent breach. 17. Annlicable Law. The laws of the State of Colorado will govern the interpretation and enforcement of this Agreement. 18. Bindine Effect. This Agreement will be binding on and inure to the benefit of the parties hereto, and their successors and assigns. 19. Time of Essence. Time is of the essence of this Agreement. The parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 20. Counteroarts. This Agreement may be executed in counterparts, each of which will be an original and all of which will constitute one and the same instrument. 21. Jointly Drafted: Rules of Construction. The parties hereto agree that this Agreement was jointly drafted, and, therefore waive the application of any law, regulation, holding, or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. 22. Entire Agreement. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, undertakings or negotiations shall be deemed merged herein, superseded hereby, and of no force or effect, and the parties mutually acknowledge and agree that Paragraph 12 of the Core Site Development Agreement is superseded and terminated. [Balance of page intentionally left blank] 5 IN WITNESS WHEREOF, Vail Associates, the Town and the Authority have made this Agreement as of the day, month and year first above written. VAIL REINVESTMENT AUTHORITY By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by as of Vail Reinvestment Authority. Witness my hand and official seal. My commission expires: Notary Public [Signature blocks continue on following page] TOWN OF VAIL By: Name: Title: ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by as of the Town of Vail. Witness my hand and official seal. My commission expires: Notary Public [Signature blocks continue on following page] THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation By: Keith Fernandez, President and COO-VRDC STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by Keith Fernandez, President and COO-VRDC of The Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public