HomeMy WebLinkAbout2008 Resolutions ~
RESOLUTION NO. 1
SERIES OF 2008
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 boards at the east and west
entrances of the Town of Vail Municipal Offices as the public places for the posting of full and
timely notice as required by Colorado law.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 8th day of January, 2008.
,
/
Richard D. Cleveland„ Mayor
ATTES',~ ,
OF
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L ei D naldson, Town Clerk
: SEAL ~
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RESOLUTION NO. 2
Series of 2008
A RESOLUTION APPROVING A MASTER FACILITIES LEASE AGREEMENT WITH
THE VAIL PARK AND RECREATION DISTRICT; 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 Town and Vail Park and Recreation District (the "VRD") desire to
enter into a Master Facilities Lease Agreement with regard to the facilities listed and
subject to the terms set forth in the attached Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
1. The Master Facilities Lease Agreement, attached as Exhibit A hereto and
incorporated herein by this reference, is approved by the Council.
2. The Town Manager is hereby authorized to execute and deliver, on behalf of
the Town, the Master Facilities Lease Agreement in substantially the same
form as approved by the Council subject to the condition set forth in
Paragraph 3 below.
3. The authority granted to the Town Manager by this Resolution No. 2, Series
of 2008, is expressly conditioned upon and can only be exercised subsequent
to the Council's approval of a lease agreement with the VRD for the Vail Golf
Course.
4. 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 4t' day of March, 2008.
1
Dick Cleve d, Town ayor
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Srieoi :
o naldson, Town Clerk 9
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Resolution No. 2, Series 2008
.
TOWN OF VAIL
AND
VAIL PARK AND RECREATION DISTRICT
LEASE
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{w30(.W41-:ppQ71930,DOC
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TOWN OF VAIL
AND
VAIL PARK AND RECREATION DISTRICT MASTER FACILITIES LEASE
THIS TOWN OF VAIL AND VAIL P11RK AND RECREATION DISTRICT
MASTER FACILITIES LEASE ("Lease") is made and entered into as of the day
of , 2008, by and between the TOWN OF VAIL, COLORADO, a
Colorado municipal corporation, hereinafter referred to as the "Town," and the VAIL
PARK AND RECREATION DISTRICT, a quasi-municipal corporation and political
subdivision of the State of Colorado, hereinafter referred to as the "District". The Town
and the District are sometimes referred to herein singularly as a"Party" and collectively
as the "Parties".
WHEREAS, the District (i) is a quasi-municipal corporation and political
subdivision of the State of Colorado separate and independent of the Town, (ii) is
organized for the primary purpose of and has over 40 years of expertise and skill in
providing recreational programs and services to its residents and visitors, and (iii) is
governed by its Board of Directors, which Directors have been duly elected by its voters;
and
WHEREAS, the District imposes an ad valorem mill levy of 3.287 mills on
taxable property within its boundaries for purposes of defraying in part the costs of
fulfilling this mission; and
WHEREAS, the Town owns various recreational facilities as further described
herein; and
WHEREAS, it is the desire of both Parties to cooperate in the provision of
recreation programs and services to the inhabitants and guests of the Town at the Leased
Premises (defined below); and
WHEREAS, the District has been providing such services under lease agreements,
including without limitation the Town of Vail and Vail Park and Recreation District
Lease dated December 21, 1993 related to the Dobson Ice Arena and other facilities
referenced therein (the "Prior Lease"); and
WHEREAS, it is the desire of both Parties for the District to continue to provide
these services; and
WHEREAS, the Prior Lease does not apply to the Vail Municipal Golf Course
("Golf Course") or the Vail Gymnastics Center and the Parties do not intend for this
Lease to apply to such facilities; rather, a new lease applicable to the Golf Course is
{u0(X.c9Aa]-:0O071930,DOC
,
expected to be executed contemporaneously herewith and the lease applicable to the
Gymnastics Center shall remain unaffected by this Lease; and
WHEREAS, in connection with identified major facilities repair and maintenance
projects necessary to be conducted currently and into the foreseeable future as well as
possible major renovations or reconfigurations of Town facilities, the Parties desire to
modify and supersede the Prior Lease and memorialize their intended relationship with
respect to their rights and obligations in various Town facilities for the term of this Lease;
and
WHEREAS, the Town and the District are authorized by the Constitution and
Statutes of the State of Colorado, including Section 29-1-203, C.R. S., to enter into
intergovernmental agreements to govern the provision of such services to the inhabitants
and visitors of the Town; and
NOW THEREFORE, in consideration of the mutual promises contained herein,
the adequacy of which is hereby admitted, the Parties hereto agree as follows:
1. PURPOSE. It is the general purpose of this Lease for the District to
continue in the occupancy of the Leased Premises and the management and provision of
recreational services for the inhabitants of the District and visitors of the Town. Except
as expressly reserved herein, this Lease shall supersede the Prior Lease and any other
agreement to which the Town and the District are Parties with respect to the Leased
Premises, and such Prior Lease and agreements are hereby agreed to be of no further
force or effect with respect to the Town, the District and the Leased Premises.
2. LEASE OF PREMISES. The Town hereby leases to the District and the
District leases from the Town the real estate associated with, and all improvements
located on, in, or under, the facilities set forth below and more particularly described in
Exhibit A attached hereto and incorporated herein by this reference (the "Leased
Premises"):
(a) John Dobson Ice Arena ("Dobson");
(b) Nature Center;
(c) Upper Bench at Ford Park;
(d) Public Tennis Courts;
(e) Athletic Fields;
(f) Youth and Teen Center;
(g) Red Sandstone Athletic Field; and
2
(h) Donovan Athletic Fields.
This Lease does not apply to the Golf Course or the Vail Gymnastics Center, which
facilities are the subject of separate leases.
~ 3. USE OF PREMISES• PERFORMANCE STANDARDS; D913SON.
(a) Use of Premises. The Leased Premises shall be primarily used for
recreation programs and services except as otherwise provided for herein. Such services
and programs shall be of high quality and shall be of sufficient diversity and scope to
meet the recreational needs of the inhabitants of the Town and the visitors thereto.
(b) Performance Standards. A committee composed of District Board
Members and Staff and Town Council Members and Staff (a "Recreation
Subcommittee") may be created to act as a liaison between the Parties. The Recreation
Subcommittee may promulgate from time-to-time advisory performance criteria with
regard to programming, facilities usage and other matters related to the District's delivery
of programs and services at the Leased Premises.
\ v r~oO~~CCTCi r~1roTSsnmT
4 DOBSON SPECIAL PROVI IONS
W 4W631er Deed of Gift. The District understands that Dobson is a
multi-use facility utilized for both recreation and other purposes by the Town, and further
understand the Town desires that the provisions of a Deed of Gift between the Town and
Elizabeth M. Webster, a copy of which is attached to this Lease as Exhibit C, be
complied with for so long as the Town determines its provisions to be applicable. The
District agrees that it will not depart from the provisions of said Deed of Gift without the
consent of the Town.
tW (4Uses• The District agrees to maximize the use of Dobson for
conventions, meetings, conferences, concerts, and other income producing or crowd-
drawing events subject to the other requirements of this Lease, including ice skating
provisions.
f_d (4i)-To3LnUses. During the term of this Lease, the Town shall have
the right to use Dobson for a total of thirty (30) days during each year of the term hereof
for whatever purposes it deems appropriate upon the giving of thirty (30) days written
notice of such use to the District. The Town may exercise twenty (20) of said days
between March 15 and December 14, and ten (10) of said days between December 15 and
March 14. The Town shall be responsible and shall have the right to negotiate all terrns
and conditions of any activity or event the Town wishes to use the arena for during said
+
thirty (30) days. The n;srr;e+ ~r~aa~~ ~a ~ vv ~ ~ +•*~v~J a V lyet.l •Y\. LlI *?,L b ,.TV~7 ~ ~S Z- „ * pI 'C
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Town agrees to nav or reimburse all associated District costs
during these thirty (30) days to include, but not limited to labor costs and utility costs.
Notwithstanding the preceding, the Town shall not be entitled to exercise its rights
hereunder, even upon thirty (30) days written notice, if the District has entered into an
agreement with another Party for the use, maintenance, or repairs of Dobson.
5, 4-UTILITIES. The District shall pay all charges for gas, electricity, light,
heat, power, telephone, video, internet or other communications services used, rendered,
or supplied upon or in connection with said Leased Premises, with the exception of the
Youth and Teen Center, and shall to the extent permitted by law indemnify the Town
against any liability or damages on account of such chazges.
~ -5-.-ACCESS TO THE PREMISES. The Town and its agents shall have the
right to enter in or on the Leased Premises to examine them and to perform maintenance,
repair, or replacement as required hereunder.
7- H-CHANGES TO THE LEASED PREMISES.
(a) Town's Right to Make Chanizes. The Town retains the right to
conduct major changes to the Leased Premises, including without limitation additions,
reconfigurations, tear-downs or relocations at its discretion.
(b) Maintenance of Changed Facilities. In the event the Town
determines to change a portion of the Leased Premises, whether such change is minor or
major (a "major" change including an expansion, tear-down, reconfiguration, relocation,
etc.), the Parties shall meet and revise the Master List (defined below) of maintenance
responsibilities consistent with the most recent allocation of responsibilities; provided,
however, that the District shall not be obligated to retain or accept responsibility for
maintaining, repairing, or replacing any changed item or new item if the District's
estimated cost in doing so is increased by more than 10% as a result of such change.
(c) District Changes to_Town-Maintained Facilities. The District shall
not ange any portion of the Leased Premises for which the Town is responsible for
ma' tenance, repair, or replacement without its prior written approval, which approval
y include conditions.
(d) Limitation on District Changes. The District shall not make any
changes to any portion of the Leased Premises with work costs in excess of
(in 2008 dollars) without the written approval of the Town. All such
ork shall be performed in a good and workmanlike manner and all new facilities or
other improvements affixed to the Leased Premises shall, upon termination of this Lease,
unless otherwise agreed at the time the Town's written approval is obtained or unless the
Town requests removal thereof, become the property of the Town. .
{0",,9~41:W71930.DOC i} 4
r
$ 7-MAINTENANCE. REPAIRS AND REPLACEMENT.
(a) General Maintenance Obli atg ions. The Parties generally intend that
the Town shall be obligated to ensure (i) that all mechanical systems, structural members
and systems, and exterior finish items (e.g., painting, roofing, windows, etc) are
maintained in good working order and safe condition and (ii) that such items are properly
repaired when broken or damaged and replaced when they reach the end of their useful
life. The Parties also generally intend that the District shall be obligated to ensure (i) that
all interior finishes (painting, drywall, flooring, etc.) are maintained in good working
order and safe condition and (ii) that such items are properly repaired when broken or
damaged and replaced when they reach the end of their useful life. The remaining
provisions of this Section 4.{e}$ have been agreed to in the context of this general
understanding; however, any conflict between the general allocation of
responsibilities set forth in this Section 4.{e3W$ and any other specific provision of
this Lease, including without limitation the Master List (defined below) in Exhibit B
as amended from time-to-time, shall be resolved in favor of such specific provisions.
(b) Snecific Maintenance Obligations; Master List. The Parties shall be
responsible for maintaining, repairing, and replacing the facilities and improvements
listed in a master list attached hereto as Exhibit B and incorporated herein by reference
("Master List"), which Master List may be modified or amended from time-to-time by
acknowledgment of the Town's Town Manager and the District's Executive Director.
Where a Party is designated as responsible for maintenance, repair, or replacement of a
particular facility or improvement, such Party shall perform the same at its sole cost and
expense as and when needed to preserve it in good working order and first class
condition.
(c) HVAC. The District shall, on an annual basis, hire an outside,
qualified company to inspect and provide routine maintenance on the HVAC systems to
ensure proper working condition. A copy of an invoice or other documentation showing
the work performed shall be forwarded to the Town Director of Public Works.
(d) Damages to Facilities. Neither Party shall be responsible for the
repair or replacement of any facilities or improvements da.maged by the negligent or
willful acts or omissions (including without limitation negligent maintenance) of the
other Party or its guests, agents, employees, licensees, or invitees.
(e) Annual Capital Facilities Assessment. On or before June 1 S` of every
year, each Party shall submit to the other Party for its review and comment an assessment
of each of the facilities and improvements for which it is responsible under this Lease (a
"Capital Facilities Assessment" or "CFA"). Each year the CFA shall include an
evaluation of the adequacy of maintenance which has been performed and at least a five
year forecast of expected maintenance, repair, and replacement items and an estimate of
expenditures necessary to accomplish the same consistent with the terms of this Lease.
{WNW404-:00071930.DOC 5
The Parties may prepare a joint CFA if they desire. The first CFA is contained within the
same spread sheet as the Master List attached as Exhibit B hereto and incorporated
herein by reference. Future CFAs do not have to be part of the Master List spreadsheet, it
being the intention of the Parties that the CFA will be revisited and revised on an annual
basis while the Master List will not change.
(f) Annual Maintenance Log. Each Party shall keep an annual log
setting forth actual expenditures made for maintenance, repairs, and replacements
required hereunder. Each Party shall forward a copy of such log to the other Party on or
before April 1 S` of the following year.
(g) Financing of Maintenance Obligations: Recreation Projects Line
Items. Within sixty days of execution of this Lease, each Party shall create by resolution
or other means acceptable to the other Party separate budget line items known as
"Recreation Projects Line Items" or "RPLI". Subject to annual appropriation, each Party
is obligated on an annual basis to appropriate to its respective RPLI the minimum amount
of funds necessary to make the expenditures for the subsequent one-year period forecast
in the five-year Capital Facilities Assessment. While the Parties are only required to fund
one year in advance, the Parties are encouraged to use the RPLI to set aside funds for
expenditures foreseeable several years into the future. Once funds are appropriated to the
RPLI, they may only be expended on maintenance, repairs, or replacement items required
to be made hereunder or on acquisition of new facilities or improvements for the Leased
Premises. However, for purposes of this Lease, funds appropriated to the RPLI do not
have to be reserved for or traced to the item in the Capital Facilities Assessment to which
they are related (e.g., funds identified in the RPLI in 2009 for replacement of a certain
roof in 2014 are not restricted to funding replacement of such roof). Any funds not
expended in a particular year shall be re-appropriated consistent with the CFA; provided,
however, that such remaining funds shall not offset or reduce funds required to be
appropriated to the RPLI in the subsequent year. If a Party desires to expend funds
within its RPLI on any item other than maintenance, repairs, or replacement items
required to be made hereunder or on acquisition of new facilities or improvements for the
Leased Premises, the written approval of the other Party's Council or Board, as the case
may be, shall act as a waiver of any claim such Party may have with regard to such
expenditure. It is the intent of the Parties that no other person shall have a claim for any
alleged breach of this Recreation Projects Line Items Section. On an annual basis, each
Party shall provide the other Party with a detailed description of its appropriations to and
expenditures from its RPLI. Upon the expiration or earlier termination of this Lease, any
funds remaining in a Party's Recreation Projects Line Items may be spent in any lawful
manner, for any purpose, and without any obligation to the other Party.
9. $--SURRENDER OF PREMISES. Upon the expiration or other
temunation of this Lease, the District shall promptly quit and surrender to the Town the
Leased Premises in good order and fir~aafe, condition, ordinary wear excepted.
{Woc.~4:0,0071930.DOC i} 6
10, 4-DISTRICT PROPERTY. All items of property purchased by the District
and not affixed to the Leased Premises shall remain the property of the District.
11 44-RENT. Rent for the Leased Premises shall be $1.00 per year, the
payment of which for the entire term hereof the Parties acknowledge has been paid and
received in advance.
12. 44--PASSES. As a benefit for its employees, the District shall provide the
Town with as many season golf, tennis, Nordic, and skating passes as the Town requests.
Such passes shall be non-transferable. Use of the Leased Premises pursuant to such
passes shall be subject to all District policies, rules and regulations.
13. 4-21-PARKING. The Town will provide twelve (12) parking spaces for
District employees at the Ford Park Parking lot at no cost. Further, the Town will
provide to the District as many parking passes and coupons for the Lions Head Parking
Structu: as the District requires to utilize for its employees. These passes may not be re-
sold by the Dish-ict. This Lease shall not supersede or amend the Ford Parking Lot
Management Agreement among the Parties.
4 4-3--PERSONNEL. The Town and the District and their respective officers,
agents, and employees shall fully cooperate so as to facilitate the performance of this
Lease. The provision of recreational services and programs as contemplated in this
Lease, and the hiring, firing, and discipline of District employees shall be the
responsibility of the District. No person employed by the District shall have any right to
Town benefits including health insurance and pension. The District, however, may invest
pension funds in the Town's pension fund subject to such conditions as may be
established by the Town and pernutted by law. The Town shall not be liable for the
payment of any salaries, wages, or other compensation to any District personnel
perfornung recreation services pursuant to this Agreement, nor for any obligation of the
District other than provided for herein. Nothing herein shall obligate the Town to be
liable for the injury or sickness of any District employee arising out of his/her
employment.
44-LIABILITY, INDENINIFICATION AND INSURANCE.
(a) District Indemnification. To the extent legally permissible and
without waiving any of the protections, requirements, and limitations of the Colorado
Governmental Immunity Act, the District shall indemnify and hold the Town, its agents,
servants and employees harrriless from and against any and all liability, loss, damages,
costs and expenses, including reasonable attorney's fees and costs of investigating any
such matters, suffered or sustained by the District, its agents, servants or employees, or
by any other person rightfully on or about the Leased Premises arising out of any act,
error, omission or negligence in the operation, maintenance or use of the Leased Premises
by the District, its agents, servants or employees or of any occupant, subtenant, visitor or
{F"44+1:00071934,DOC 7
user of any portion of the Leased Premises, or any condition of the Leased Premises or
adjacent property; provided that this indemnity shall not extend to damages resulting
solely from the negligence or willful misconduct of the Town, its agents, servants or
employees.
(b) Town Indemnification. To the extent legally permissible and
without waving any of the protections, requirements, and limitations of the Colorado
Governmental.Immunity Act, the Town shall indemnify and hold the District harmless
from and against any and all liability, loss, damages, costs and expenses, including
reasonable attorney's fees arising from the negligence of the Town, its officers, agents,
employees, successors and assigns.
(c) Insurance. The District and the Town shall respectively provide
their own public liability, property damage, and enors and omissions insurance policies
sufficient to ensure against all liability, claims, and demands or any other potential
liability arising from this Agreement. Further, the District and the Town shall, subject to
the approval of each Party's insurance carrier, name the other Party as a coinsured under
such insurance policies and shall furnish evidence of the same to the other Party. By
execution of this Lease, each Party represents that it has received satisfactory proof of
payment of the other Party's insurance. In the case of any claims-made policy, the
necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage. The District and the Town may provide such insurance
through programs of self insurance. Each Party shall procure and continuously maintain
the following minimum insurance coverages, or self insurance capability:
(i) Workman's C-ompensation insurance coverage in the
statutorily prescribed amounts.
(ii) The following types of insurance coverage in the amount of
one hundred fifty thousand dollars ($150,000) per person and six hundred thousand
dollars ($600,000) per occurrence, or such limits as otherwise provided by the Colorado
Governmental Immunity Act, and one million dollars ($1,000,000) aggregate:
(1) General Liability insurance coverage. The policy shall
be applicable to all Leased Premises and operations and shall include coverage for bodily
injury, broad form property damage, personal injury, blanket contractual, products and
completed operations.
(2) Comprehensive Automobile Liability insurance
coverage with respect to each of the Parties' owned, hired or non-owned vehicles used in
the performance of this Agreement.
(3) Errors and Omissions insurance coverage.
{(J0"-9fX)4:o9o7J93Q,D0C~} 8
(4) Liquor Liability insurance coverage if the District
obtains a liquor license to serve wine, beer, or intoxicating liquors.
~ 4-S-EFFECTIVE DATE. This Lease shall become effective on the date set
forth at the beginning of this document.
11 ~-DEFAULT.
(a) General. In the event a party fails to perform any of its non-
monetary obligations (a "non-monetary default") hereunder after 30 days written notice
or a party fails to perform any of its monetary obligations (a "monetary default") after
five days written notice, then such party shall be in default under this Lease, and the non-
~~~ultingbLqUjhMi party shall be entitled to exercise any and all rights provided for by
law, including without limitation termination of this Lease. However, in *h° eas° 0"
> .
, =nQ
failure to nerform an obligation shall be deemed a default for r„e1, p°f;^,' of *:-ra AQ
~
defatiltifig party . , .
obligatioes s . . , the .
so IQ_n
as
01 he breaching nartv is using its reasonable efforts to c re
non-monetarv obligation which cannot rea onablv be c ed within the 30 day 12eriod
referenced in Section 17(a) above•
ii The breaching 12 v disnutes that it has failed to perform an
lisation and either ipartv determines to mediate thg disnute If a12artv detPrmines to
mediate, it must nrovide written noticP tc, the other 12arty within the = licable notice
j2eriod referenced in Section l 7(al above of such determination Unon deliverv of such
notice, the aunlicable notice neriod shall be tolled effective as of the date of the notice
and the narties shall nroceed tn mPd;arP the iGCUe• nrovidecl however, that the notice
neriod shall be tolled onl_v for o long as t e mediation nrocess is activelv beine 12ursu
and, in anv event, the tollinQ neriod shall last no longer than six month from the date of
the initial notice of non-j2erformance The nartv recaue ting mediation shall nay the costs
Qf the mediation, excent for anv attornevs fees incurred bv th, e other nartv in connection
with the mediation• or
iii Apartv is unsatisfied with the re ults f the mediation.
pr9ceedings referenced above and nrovides notice nrior to the la s~ing of the notice
neriod referenced in Section 17(a) above (which neriod maX be tolled nurcuant to Section
{0e060941-:000.71,930,noc i} 9
17(a)(iil above)to the other party of its intent to have the disnute subiect to non-binding
arbitration ln such event the u rta ies shall SLhmit the matter to non-bindinQ arbitration
and the noticP nPriod referenced in Section 17(a) above will a~ain be tolled However
the nntice oeriod shall be tolled o v for so long as thP arbitration process is activelv
~i g nursued and lII anV Ey= thP tn„inQ nPr1Ad shall last no lonser than nine mont s
from the date of the initial notice of non nerformance The nartv reauesting ar i a ion
shall pav the costs of_the arbitration, excent for anv attornevs_fees incurr_gd bv the other
party in connection with the mediation.
~ [u_the ev-ent of_a _re-Qccun ip'g ugn-tn~i~eiary c1~1t_.or ari~, occ<ui-rin9
~~rty.sh~ll_on~._hav~ ~K l~~~ur after mritten.nolig_e Ls
the mediation
tc~~e:rfc~~•m ~u4h _t>hligat~c~uy_hc~t~r~. ~u4h partv ,ll~ili hc• in_clefaiilt~nA
and arbitration nrovisions of this Section shall be inannlicable and of no effect.
~ {-1~-Limitation of Damages• Remedies Cumulative. Neither party is
entitled to incidental, consequential or exemplary damages as a result of the default of the
other party. All rights and remedies herein enumerated shall be cumulative, and none
shall exclude any other remedies allowed at law or in equity.
1$= 4-7-TERMINATION.
(a) Unless sooner terminated as provided for herein, this Lease shall
terminate at noon ten years from the date set forth at the beginning of this document (the
"Ternunation Date"); provided, however, that this Lease shall automatically renew for up
to two successive ten year terms unless either party provides the other party with written
notice of its decision to not renew this Lease no later than one year in advance of the
Termination Date.
(b) Upon expiration or earlier termination of this Lease, the District's
right to use the Leased Premises and all improvements thereon shall cease as provided for
herein.
(c) Upon termination of this Lease, both Parties shall have no further
obligations of any kind or nature, except those that specifically survive ternunation.
19. 49-MISCELLANEOUS PROVISIONS.
(a) Amendments, Modifications and Waivers. No amendment,
modification, or waiver of any covenant, condition, or provision hereunder shall be valid
unless in writing and duly executed by the Party to be charged therewith.
(b) Entire Agreement. This written Lease embodies the whole
agreement between the Parties hereto and any inducements, promises, terms,
representations, conditions, or obligations made or entered into either by the Town or the
District not contained herein are void and of no force or effect.
{aooc,u4a-:00Q71230,noc i} 10
(c) Binding Agreement. This Lease shall be binding upon the respective
Parties, their successors or assigns.
Severabilitv. All promises and covenants herein are severable, and
in the event that any of them shall be held invalid by a court of competent jurisdiction,
this Lease shall be interpreted as if such invalid provision or covenant, were not contained
herein.
(e) Authority to Enter. The District and the Town have represented to
each other that each possesses the legal ability to enter into this Lease. In the event that a
court of competent jurisdiction determines that either of the Parties did not possess the
legal ability to enter into this Lease, this Lease shall be voidable by the other Party.
(f) Notice. Any notices to be sent to the Parties pursuant to the terms of
this Lease shall be considered made the day it is mailed via certified or registered mail to
the following addresses:
Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81658
Executive Director
Vail Park and Recreation District
700 South Frontage Road East
Vail, CO 81657
(g) No Third Party Rights. This Lease shall not be deemed to confer or
grant to any third Party any right to claim damages or bring any legal action or claim
against either the District or the Town because of any breach hereof or any covenant,
condition, or provision contained herein.
(h) Specific Enforcement. In addition to any other remedies available to
the Parties in law or equity upon breach, this Lease shall be subject to specific
enforcement.
(i) Assignment; Sublease. This Lease shall be non-assignable and the
District shall not mortgage or encumber any of the facilities set forth herein or pledge any
interest under this Lease as security in a financing transaction without the prior written
consent of the Town in each instance. However, the District may sublease or ]icense
portions of the Leased Premises for purposes which further the District's provision of
park and recreation services to the public, which purposes include without limitation
concession services, food and beverage services, performances, sleigh rides, and other
{~AV->44W-:oo07J 930.noc i} 11
amenities; nrovided however, that anv such sublease or license shall not have a term
exceeding three vears without the written consent of the Town.
(j) Obligations Subject to Annual Appropriation. The obligations of the
Town and the obligations of the District hereunder are subject to the annual appropriation
of funds necessary for the performance of such obligations by the Town's Town Council
and the District's Board of Directors, respectively, which appropriations shall be made in
the sole discretion of such bodies. (k) Section Headings. The section headings in this Lease are inserted
for convenience and are not intended to indicate completely or accurately the contents of
the Sections they introduce, and shall have no bearing on the construction of the Sections
they introduce.
(1) Time of the Essence. All the time limits and requirements stated in
this Lease are of the essence of this Lease.
(m) Duplicate Original. This Lease may be executed in two or more
counterparts, each of which shall be an original, but all of which together shall constitute
one and the same instrument.
(n) Compliance with All Laws and Regulations. The District agrees not
to use or pernut the Leased Premises to be used for any purpose or in any fashion
prohibited by the laws of the United States, or the State of Colorado, or the ordinances or
regulations of the Town.
(o) Additional Assurances. The Parties agree to reasonably cooperate to
execute any additional documents and to take any additional action as may be reasonably
necessary to carry out the purposes of this Agreement.
{000644" :00071930:DOC /1 12
IN WITNESS WHEREOF, the Town and the District have executed this Lease as
of the date first set forth above.
TOWN OF VAIL, a Colorado municipal
corporation By:
Attest:
Secretary
VAIL PARK AND RECREATION
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado
By:
Attest:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day
of , 20 , by as of the Town
of Vail Park, a Colorado municipal corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
13
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day
of , 20 , by as of Vail
Park and Recreation District, a quasi-municipal corporation and political subdivision of
the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
{000&4941-oaQ7193o.DOC 14
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RESOLUTION NO. 3
Series 2008
A RESOLUTION ESTABLISHING SPECIAL BUSINESS PROMOTION PERMITS; 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 establishing Special Business Promotion
Permits will enhance the economic vitality of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1. The Council hereby establishes the Special Business Promotion Permit, and
approves the Special Business Promotion Permit Guidelines dated February 19,
2008, 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 19th day of February, 2008.
ichard D. Cleveland, o n Mayor
-1~
ATT ST: ~
p F
% !l
~ re i Donaldson, Town Clerk
STc,Ai' :
: •
. •
.
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Resolution No. 3, Series 2008
Resolution No. 3, Series of 2008 Exhibit A:
*VM% Special Business Promotion Permit Guidelines
~~February 19, 2008
00WA%*N ON $PVCW
Purpose: A Special Business Promotion Permit provides an opportunity for an individual business to hold a
promotional event extending beyond the interior premises of the business location that provides additional
activities beyond day-to-day business. Outdoor sales of goods alone is not eligble for a special business
promotion permit.
Who Can Apply? Any business that holds a current Town of Vail Business License whose physical address
is located within one of the commercial and business districts in the Town of Vail, as outlined in Chapter 12-
7, Vail Town Code.
Conditions:
1. Additional Activities: The event must have activities that are not part of everyday business
activities of the business. The activities should add vitality to the exterior of the business and
provide activities for the general public.
2. Location: The event must at least partially occur outdoors and shall be located adjacent to the
applicant's business location. The event shall not impact the frontage of neighboring businesses
unless the affected business owners provide a written letter of approval. The event may not take
place within an approved special event permit area during the special event.
3. Permits Per SBPP Zone: No more than four SBPP will be issued for promotions in each
established SBPP zone at any one time, per the SBPP map in these guidelines.
4. Permits Per Business: Each business may be issued up to four SBPP per calendar year, with at
least thirty days befinreen the end date of a permit and the start date of the next permit.
5. Dates Restricted: SBPP will not be issued for events occurring during the following dates: July 3-
8, 2008; Dec. 25, 2008-Jan 1, 2009; Jan 16-20, 2009; Feb 13-23, 2008
6. Length of event: The event may not exceed 72 contiguous hours.
7. Noise and Lighting: The event must comply with noise and lighting regulations within the Vail
Town Code.
8. Signage: In addition to allowed signage per Title 11, Sign Regulations, the event is permitted up to
30 square feet of signage that shall comply with Chapter 11-5, Design Guidelines and Standards,
Vail Town Code.
9. Outdoor Display of Goods: Any outdoor display of goods must be located on the business'
property. Cardboard boxes will not be allowed to hold or display products unless they are the
product's original packaging.
10. Circulation: The event shall not impede pedestrian and vehicular circulation and thus, shall not
block or encroach upon the required ingress/egress of doorways, walkways, stairways, and parking
or loading/delivery spaces.
11. Public Safety: The event shall not pose any risks to public safety, as determined by the Town. The
event shall not block or encroach upon any fire lane, fire staging area, and shall maintain a minimum
distance to fire hydrants of seven (7) feet to side or rear, and fourteen (14) feet to the front.
12. Additional Permits: Additional permit may be required if:
a. You are serving or selling food. If so, all Temporary Food Event Operational Requirements must
be adhered to. For more information contact the Town of Vail Environmental Health Officer at
970 479-2333.
b. Amplified Sound will be part of your promotion. If yes, you will need to submit a Town of Vail
Amplified Sound Permit Application and provide verification of notice to neighboring businesses.
c. You intend to serve or sell alcoholic beverages beyond your licensed premise. If yes, contact the
Vail Town Clerk at 970 479-2136 a minimum of 60 days prior to your activity.
d. Any structure larger than a 1Ox10 canopy is proposed for the site. Larger structures will require a
Temporary Tent Permit and a site inspection by a member of the Vail Fire Department.
Special Business Promation Permit (SBPP) Zones
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A$25 non-refundable application fee must accompany this application. An additional refundable deposit may be
required, dependant upon the scope and scale of your activity. Submit Completed Application no less than 3 weeks
(21 days) and no more than six months prior to the requested dates to:
Special Events Coordinator
75 South Frontage Rd, Vail, CO 81657
Phone: 970 376-2394 or FAX 970 476-7141
Email address: specialevents@vailgov.com BUSINESS NAME: Phone:
Business Physical Address:
Business Mailing Address:
Contact Name: Cell Phone:
E-mail address:
DATES/TIMES OF THE PROMOTION:
Set-up: Date Time:
Start: Date Time:
End: Date Time:
Dismantle Date Time:
LOCATION: Please attach a detailed drawing (8 1/2 x 11 paper) of the site you wish to use illustrating placement of all
tables, signage, canopies, banners, etc.
SCOPE OF ACTIVITIES: Describe in detail the location and scope of the promotion and any activities to be
included. List all types of advertising and/or sampling to be utilized during the promotion.
Will you require additional permits? NO YES
If yes, please include application for additional permits.
INSURANCE: If any portion of this event will take place on public properly, attach Proof of Insurance in the
minimum amount of $1,000,000 naming the Town of Vail as additional insured.
Special Promotions Permits are only for approved activities and time frames. In order to receive a refund of deposit
and avoid a possible Zoning Violation Summons, all promotional materials and must be removed from the site on the
approved ending date. Site must be in full zoning compliance for consideration to be given to the application.
Applicant Signature: Date:
Special Instructions:
Approval Signature: Date:
By Vail Town Clerk
RESOLUTION NO. 4
Series of 2008
A RESOLUTION APPROVINGTHE AMENDED 2008 BUDGET FOR THE VAIL
LOCAL MARKETING DISTRICT, AND AUTHORIZING THE EXPENDITURES OF
SAID APPROPRIATIONS AS SET FORTH HEREIN; 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, contingencies have arisen during the fiscal year 2008 which could not
have been reasonably foreseen or anticipated by the Vail Local Marketing District Board at
the time it enacted Resolution No. 24, Series 2007, adopting the 2008 Budget for the Vail
Local Marketing District (the "VLMD") of Vail, Colorado; and
WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing
has been published; and
WHEREAS, notice of this public hearing to consider the adoption of the amended
VLMD budget was published in the VAIL DAILY on the 26th day of February, 2008.
NOW THEREFORE, LET IT BE RESOLVED by the Town Council of the Town of Vail,
Colorado, as follows:
Section 1. The Council approves the amended budget of the VLMD for the
2008 budget, 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 4th day of March,
2008.
Attested: Signed:
.
t
rele Donaldson, Town C ~?N OF ` ick Clevel 6o~wn2m yor
yi
: •
.
: SEAL ;
: .
. ;
Resolution No. 4, Series 2008 CQ~ ~~l~~~~ ~
: . :
RESOLUTION No. 5
Series of 2008
A RESOLUTION APPROVING THE EXECUTION OF THE FIRST
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BY AND
BETWEEN THE TOWN OF VAIL, COLORADO AND THE SOLARIS
METROPOLITAN DISTRICT NOS.1, 2 AND 3; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, Colorado (the "Town") and the Solaris Metropolitan
District Nos. 1, 2, and 3(the "Districts") entered into an Intergovernmental Agreement (the
"IGA") on March 22, 2007, pursuant to the provisions of the Districts' Service Plan, as approved
by the Town on September 19, 2006; and
WHEREAS, the IGA was executed while the Districts were operating under a debt cap of
twenty million dollars ($20,000,000), as set forth in the initial Service Plan; and
WHEREAS, the Districts' Amended Service Plan was subsequently submitted and
approved by the Town in April, 2007, which raised the debt cap to forty million dollars
($40,000,000); and
WHEREAS, the IGA was not revised at the time the Amended Service Plan was
approved and needed to be brought current with the contents of the Amended Service Plan to
reflect the appropriate debt caps; and
WHEREAS, in order to accurately characterize the Town's intent with respect to the debt
caps applicable to the Districts, the Town and Districts desire to enter into the First Amendment
to the IGA, pursuant to paragraph 16 of the IGA; and
WHEREAS, the actions under this Resolution comply with all applicable laws and
regulations of the State of Colorado and the Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO:
1. That the Town Council of the Town of Vail, Colorado, hereby approves and adopts the
First Amendment to Intergovernmental Agreement between the Town of Vail, Colorado and
Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan
District No. 3, as attached hereto, which brings current the terms of the IGA and the Districts'
Amended Service Plan with regard to Town-approved District debt caps, currently at forty
million dollars ($40,000,000), with all other terms and conditions of the IGA as originally
executed left in full force and effect.
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.
Resolution No. 5, Series 2008
Y
F _ 1
3. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 4TH day of March, 2008.
JF;j
z~
. ,
. •
' : Dick Clevelan ,
: SEAL = Mayor, Town of Vail
:
. ;
.
.
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ATTEST:
~
rel kDonaldson,
Town Clerk, Town of Vail
Resolution No. 5, Series 2008 2
RESOLUTION NO. 6
Series of 2008
A RESOLUTION ESTABLISHING THE 2008 PAYMENT OF FEES-IN-LIEU FOR EACH
EMPLOYEE TO BE HOUSED, AS REQUIRED BY CHAPTER12-23, 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 adopted of Ordinance Nos. 7
& 8, Series of 2007, 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,
payment of fees-in-lieu is one of five (5) methods by which the mitigation of employee
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 2007 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
each square foot of employee housing provided in accordance
with Chapters 12-23, Commercial Linkage, and 12-24,
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. 2008 Pavment of Fees-in-Lieu Amounts
a. Fee-in-lieu per employee (commercial linkage) _$166,464
b. Fee-in-lieu per square foot (inclusionary zoning) _$301.65
3. Effective Date of the Resolution
This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of April,
2008.
~
~ 0'*90~ /
Richard D. Clevela , ayor, own of
• ~ Vail
. ,
. ~
. . ,
: •
oRAVO ATTEST:
orel i Donaldson, Town Clerk
2
Eghibit A
2008
Fee-in-Lieu Calculation Formula
120% Area Median Income (2-person household) $77,880
Affordable Monthly Housing Payment $1,947
Property Taxes/Insurance/HOA (20% of Housing Payment) ~1g558
Mortgage Payment
Maximum Mortgage Amount* $234,179
Affordable Purchase Price $243,023
Average Square Feet of Units 825
2006 Median Price per Square Foot (all units) $596
Cost per Unit $491,700
Affordability Gap/Payment per Unit in Lieu $245,196
*Assumes 5% down, 7% interest for 30 years.
Gap per Employee (1.5 emps/household on average) $163,464
Administrative Fee per Employee $3,000
Fee per Square Foot per Employee $297
Administrative Fee per Square Foot per Employee $3.65
Fee-in-Lieu per Employee $1669464
Fee-in-Lieu per Square Foot $301.65
(Note - these figures to be established annually by the Vail Town Council)
3
RESOLUTION NO. 9
Series of 2008
A RESOLUTION AMENDING CHAPTER 4, RECOMMENDATIONS - OVERALL STUDY AREA AND
CHAPTER 5, DETAILED PLAN RECOMMENDATIONS, LIONSHEAD REDEVELOPMENT MASTER
PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN,
AMENDING THOSE ELEMENTS OF THE MASTER PLAN REFERENCING THE NORTH DAY LOT
RECOMMENDATIONS AND REQUIREMENTS, TO FACILITATE THE REDEVELOPMENT OF THE
NORTH DAY LOT WITH AN EMPLOYEE HOUSING PROJECT, PUBLIC TRANSPORTATION
CENTER, AND CREATING A FUTURE DEVELOPMENT SITE, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, on December 15, 1998, the Vail Town Councii 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 the Lionshead Redevelopment Master Plan outlines a procedure
for amending the Master Plan; and
WHEREAS, Vail Resorts Development Company has submitted a development application to
the Town of Vail Community Development Department proposing certain amendments to the Master
Plan related to the North Day Lot; and
WHEREAS, the Town of Vail Planning and Environmental Commission has held a public
hearing on the proposed amendments on April 14, 2008, and has forwarded a recommendation of
denial, of the amendments to the Town Council by a vote of 3-2-1; and
WHEREAS, the purpose of the amendments is to amend those elements of the Master Plan
referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of
the site with an employee housing project, transportation center, and future development site; and
WHEREAS, the Town Council finds that conditions have changed in the Lionshead Study are
which warrant the proposed amendments and that said amendments are in keeping with the goals,
objectives, and policies prescribed by the Master Plan in general.
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:
1
Chapter 1 - Executive Summarv
1.3.5 Transit
• Create dispersed transportation centers in Lionshead to accommodate local and regional
transit, local shuttles, skier drop off, and charter buses. Locations for these facili#ies may
include the North Day Lot, the Lionshead Parking Structure, and West Lionshead (aka
EverVail).
• Relocate the existing Lionshead Place regional bus stop to North Day Lot, Lionshead Parking
Structure, or West Lionshead area.
1.3.6 Service and Delivery
(DELETED)
Chapter 3- Existina Conditions Assessment
3.9.4 Vail Associates Employee Parking
Vail Associates currently utilizes two large surface parking lots within the study area for its employee
parking needs. The North Day Lot (see figure 3-15), with a capacity of approximately 105 cars, is located
behind the Landmark tower and is the site proposed for a transportation facility, employee housing, and
other uses contemplated under the zoning on the property (LMU-1). The west day lot, located just west
of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant
development opportunity. Parking displaced by redevelopment of these sites must be replaced within the
Lionshead study area to satisfy the ground rule requiring no net loss of parking. The displaced parking
will be provided in West Lionshead within a parking structure included as part of the EverVail project.
Chapter 4- Master Plan Recommendations - Overall Studv 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, the Lionshead
parking structure, and West Lionshead. 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.
2
4.5.2.3 Create a New Stop at the North Day Lot Transportation Center
A new Town of Vail transit stop at the proposed dispersed transportation center on the
North Day Lot will replace the existing stop at Concert Hall Plaza. Likely to be on the west
Vail transit routes, this stop will coordinate with the regional bus stop and deliver west Vail
transit riders to the newly created north Lionshead pedestrian portal.
4.6.6 Creation of a New Transportation Hub on the North Day Lot
A principal component of the Lionshead transportation and circulation nefinrork is the creation of
dispersed transportation facilities in the Lionshead area. This facility will remove transit and service
vehicles from other areas of Lionshead and create a major new entry point into the Lionshead pedestrian
core. All or portions of these dispersed transportation facilities may be located on the North Day Lot, the
Lionshead parking structure, or in West Lionshead. This concept is fully discussed in chapter five.
4.7.3.2 North Day Lot Transit Center
(DELETED)
4.9.4 Potential Housing Sites
Following are specific sites that have been identified as suitable for locals and employee housing (see
Map W).
4.9.4.3 Vail Associates Service Yard Holy Cross Site, Vail Professional Building,
Cascade Crossing, North Day Lot, and the former gas station site
All redevelopment in West Lionshead will need to conform to the Town's housing policies
and requirements. In order to create activity and vibrancy in West Lionshead it is
appropriate to 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 to the Town's housing policies and
requirements for new employee housing generation in Lionshead are the North
Day Lot, Vail Associates service yard, and Holy Cross site. However, housing
is not the only use these three properties will need to support. 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. While it is
important that buildings here be visually consistent with the overall character of
Lionshead, the desire to maximize the housing potential may make appropriate
the following deviations from standard development parameters:
a. Density
The site offers a unique opportunity to achieve significant density. It is
recommended that the standards for density (units per acre) be increased at
3
this location to allow for a greater number of employee housing units. While it is
important that buildings here be visually consistent with the overall character of
Lionshead, the desire to maximize the housing potential may make appropriate
the fotlowing deviations from standard development parameters.
b. Building Height for Employee Housing
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.
c. Parking
It may be appropriate to reduce the parking requirements for employee housing
at this location given the sites proximity to transportation facilities, jobs, and
pedestrian routes. In consideration for reducing employee parking for the
housing provided on this site, parking for other employees of the owner
provided on this site should be considered. Excess parking may be used to
satisfy the no net loss of parking policy or for future parking requirements of
other development on the property.
d. Site Coverage and Landscape Area and Setbacks
Consideration should also be given to increasing site coverage and reducing
setbacks and landscape area in order to maximize the amount of employee
housing on the site and/or due to impacts associated with the development of a
public transportation facility on the property. With any deviation to
development standards prescribed in the master plan and zoning regulations,
consideration of impacts should be afforded to the neighboring residential uses
to the North Day Lot. Any design with such deviations will need to be sensitive
to creating good designs with mitigation measures such as heated sidewalks
and welt planned landscape materials. Additionally due to impacts from the
Town's dispersed transportation center on neighboring residential uses,
mitigation measures should be provided to buffer and screen residential uses.
e. Encroachments on Town Land
The Town of Vail owns a small parcel of land on the north side of the north day
lot which accommodates the pedestrian bridge over the interstate highway.
This land was dedicated to the Town by Vail Associates in 1976. In order to
allow for more efficient layout and development of employee housing on the
site and/or the dispersed transportation facility, the Town should give
consideration to allowing development of employee housing and/or
transportation uses on this parcel of land as part of the development of the
north day lot.
Figure 412 - Delete this figure found on page 4-35 as it is duplicative of figure 5-13 found on
page 5-26
Figure 413 - Delete this figure found on page 437
4
Chapter 5- Detailed Plan Recommendations
5.1 Lionshead Tourist Information Center
The Lionshead Tourist Information Center is currently located just west of the entry to the
Lionshead parking structure and is accessed directly off the frontage road. If the entrance to the
Lionshead parking structure is relocated as shown in figure 5-1 this existing facility will need to be
relocated. Potential locations for the center include the Future Vail Civic Center, the parking
structure, and West Lionshead.
5.8.3 Pedestrian Connections Through the Core Site
There is a critical north-south pedestrian connection between the ski yard and the
proposed transportation and skier drop-off uses on the north day lot. This connection will
require at least one north-south penetration through the Vail Associates core site, and
there is an opportunity to create a second one, as shown in figure 5-9. The east-west
pedestrian corridor originating at the east Lionshead pedestrian portal should also be
extended into the Vail Associates core site, connecting with the north-south corridors.
These connections should be part of the "primary retail mall" (see site design guidelines,
chapter 6) to reinforce the village character of the core. It is not necessary that flanking
architectural forms be completely separated in order to define pedestrian corridors.
Instead, opportunities to create significant architectural portals are encouraged to highlight
the transition from one public space into another.
5.9 North Day Lot
While the North Day Lot is a privately own parcel of land, consideration should be given by the
owner and the Town to including transportation related uses on the ground floor. Ideally the uses
to be considered for the site should include skier drop-off, local and regional transit, local and
regional private shuttles, and charter bus drop-off and pick-up (see figure 5-13). By relocating
these functions from their existing locations to easily accessible locations, 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 dispersed transportation facilities may include:
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 Vail 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.
It should be noted that the North Day Lot is a small parcel of land and that the location and shape
of this parcel may not allow for all of the uses identified above without having significant
implications to traffic circulation patterns and the owners ability to develop the site with a quality
development as allowed under zoning for the property (the site is considered one development
site for the purposes of zoning). There needs to be a balance befinreen the development goals for
the property and the impact of public uses on those goals. In order to meet the obligations of
agreements regarding the Arrabelle project (core site), at a minimum skier drop off must occur on
5
this site. As discussed below, the Lionshead parking structure and West Lionshead also provide
opportunities for some of the transportation functions identified above.
Given the impacts of a public transportation use and to maximize the opportunities for employee
housing on the property, development standards such as site coverage, landscape area, north
side setbacks, and building height may be adjusted to afford more flexibility to the property owner
(see section 4.9.4.3) and approved by the Planning and Environmental Commission.
In order to create more efficiency with the site development and to mitigate for the presence of a
public transportation facitity on private property, the Town may atlow for encroachment of uses on
the parcel of land owned by the Town on the north side of the north day lot. This encroachment
may also help to mitigate impacts to adjacent properties to the south by maintaining adequate
setbacks. There may be a need to move or enhance the pedestrian bridge abutment and access
as part of the transportation facility.
A critical consideration in the planning and design of this facility will be its impact on the adjacent
Landmark Tower and Townhomes and the Wesfinrind.depicted in figure 5-13a, a linear building,
screen, and/or landscape buffer is recommended at the southern edge of the site to screen the
lower levels of the Landmark properties from the transportation facility. If necessary to provide
adequate buffering a wall or fence in excess of 6' could be considered. This screen 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 Wesfinrind.
The dispersed transportation facility may be covered by employee housing or other uses
contemplated by the Lionshead Mixed Use Zoning -1 and any exemptions/deviations discussed
herein. Specifically, the design of the transportation center should address all impacts: visual,
security, sound, and smell that may affect adjacent properties. Both the Wesfinrind and the
Landmark should be closely involved in the transit center planning and design process.
Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate
a Transit Center at the North Day 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:
. West 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.
6
INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of April, 2008.
N
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~ PA • Richard D4CC11evv Tyor, own Vail
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ATTEST:
rel Donaldson, Town Clerk
7
ti RESOLUTION NO. 10
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AND A LEASE
AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO
DEPARTMENT OF TRANSPORTATION REGARDING SEDIMENT CONTROL STORAGE
AREAS ON THE NORTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178-179; 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 Town and the Colorado Department of Transportation ("CDOT") wish to
enter into an Intergovernmental Agreement ("IGA") for the design and construction of finro
Sediment Disposal Areas ("Berms"), East and West, on the North side of Interstate 70 at
approximate milepost 178-179 for the purpose of sand storage and to provide aesthetic and noise
mitigation to the surrounding neighbors; and
WHEREAS, the Berms are to be completed in two phases over the next 5 to 10 years,
wherein CDOT will be responsible for the construction of the East phase that is within the CDOT
ROW and Tract A and the Town and CDOT will be jointly responsible for the West phase that is
within CDOT ROW, Tract A, and an existing easement granted by the Bald Mountain Townhome
Association; and
WHEREAS, in addition to the IGA, which is required for the proposed Berm project, the
Town and CDOT must also enter into a land lease (the "Lease") for that portion of land in Tract A
owned by the Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the IGA and Lease with CDOT, in substantially the same form as attached hereto as
Exhibit A and Exhibit A-1 and in a form approved by the Town Attorney, for the design
and construction of finro Berms, East and West, on the North side of Interstate 70 at
approximate milepost 178-179.
Section 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 15th day of April, 2008.
'ichard Clevela
Town Mayor
N
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• .
• S'~ '
rel Donaldson, ~ A~, ~
o Clerk :
~~~ORADD•
Resolution No. 10, Series 2008
,
EXHIBIT "A" 08 HA3 000
331000***
INTERGOVERNMENTAL AGREEMENT
REGARDING SEDIMENT CONTROL STORAGE AREA
ON INTERSTATE 70
AT APPROXIMATELY M.P.178.0 -179.0
THIS AGREEMENT is made this day of , 2008
by and between the STATE OF COLORADO DEPARTMENT OF TRANSPORTION,
hereinafter referred to as the "State", and THE TOWN OF VAIL, hereinafter referred to
as the "Town".
WHEREAS, the State and Town of Vail hereby agree to construct a Sediment Disposal
Area, hereinafter referred to as the "berm", and as described further in Exhibit A, Scope
of Work;
WHEREAS, said berm will be constructed on the Interstate 70 Right of Way and
Town of Vail owned Tract "A", Vail Village 13th Filing;
WHEREAS, the State and Town agree the construction and or "work" to be performed is
pursuant to a Lease Agreement currently being executed between CDOT and the Town of
Vail;
NOW THEREFORE, it is agreed that:
A. The State shall be responsible for all the labor, materials and equipment to
complete the embankment, traffic control, storm water management, rough
grading, topsoil and seeding of the East Phase as shown on Exhibit B-1.
B. The Town shall be responsible for all the labor, materials, and equipment for
transplanting trees, container planting, and temporary irrigation system on Tract
A.
C. The labor, materials and equipment responsibilities for the West berm, such as
emba.nkment, traffic control, storm water management, rough grading, topsoil and
seeding will be established during the design and volume distribution process.
D. Unless otherwise specifically stated herein, each Party shall be responsible for
operating and maintaining, at no cost to the other Party, those facilities
constructed in its respective Right of Way or Parcel. Neither Party shall cause or
permit any dangerous condition arising from its performance of the operation and
maintenance obligations assigned to it by this Agreement.
E. All "Work" in the State Rights of Way shall be performed pursuant to State
regulations and statutes, where applicable. No "Work" shall be performed in the
State Right of Way without State approval.
Page 1 of 4 pages
F. No "Work" shall be performed in the Town of Vail property without Town
approval.
G. Access through the State Right of Way shall be prohibited without State approval.
H. All landscaping within the State Right of Way shall be funded and completed
using public money. Privately funded projects are forbidden on State Right of
Way.
1. The Town recognizes that the State has, in the State's sole discretion, the right to
modify, or demolish and remove, all, or any portion of the berm in its Right of
Way for any reason.
J. The State recognizes that the Town has, in the Town's discretion, the right to
modify, or deconstruct and remove, the portion of the berm on its Parcel for any
reason as long as it is in compliance with any other Agreement(s) the Town may
have concerning the berm.
K. Both Parties agree that they will provide written notice to the other Party sixty
(60) days in advance of any modification and/or demolition. The Parties agree to
attempt to collaborate on any modifications to preserve the integrity of the berm.
L. All labor, material, and equipment costs associated with the modification andJor
demolition to the Right of Way or Parcel shall be at the requesting Party's
expense without any cost or liability to the other party.
M. To the extent authorized by law, the Parties to this Agreement shall hold harmless
the other Party against any and all claims, damages, liability and court awards
including costs, expenses and attorney fees incurred as a result of any grossly
negligent or reckless action of the Party or its employees, agents, sub-contractors,
or assignees in connection with the performance of this Agreement.
N. The berm will be built in phases as indicated on the approved plans. It is
anticipated that the project will take several years to complete.
0. This Agreement may be amended only by a written instrument duly executed by
the Parties or permitted successors. Neither Party may assign or transfer its
responsibilities in this Agreement without the prior written consent of the other
Party.
P. All notices, requests and other communication required or permitted hereunder
shall be in writing and shall be deemed delivered when actually received, or, if
earlier, and regardless whether actually received or not, five (5) business days
after deposit in the United States Mail, First Class, postage prepaid, registered or
certified and addressed as follows:
Page 2 of 4 pages
TO THE STATE • TO THE TOWN '
Martha Miller Greg Hall
Resident Engineer Public Works Director
Colorado Department of Transportation Town of Vail
714 Grand Avenue P.O. Box 298 1309 Elkhorn Drive
Eagle, CO 81631 Vail, CO 81657
The parties may, by notice prescribed above designate alternate personnel or addresses
for notices, requests and communication.
Nothing in this Agreement sha11 be construed as a waiver of the rights and privileges of
either Party under the Colorado Governmental Immunity Act with respect to third parties.
IN WITNESS WHEREOF, the Parties hereto have executed this contract the day and
year first above written.
STATE OF COLORADO TOWN OF VAIL
BILL RITTER, JR. GOVERNOR
By:
Stan Zemler
Town Manager
By:
For the Executive Director
Colorado Department of Transportation
Pamela Hutton, P.E.
Chief Engineer
ATTEST: ATTEST:
By: BY:
Bernie Rasmussen Lorelei Donaldson
Agreements Program Manager Town Clerk
Page 3 of 4 pages
, .
EXHIBIT A
SCOPE OF WORK
SEDIMENT CONTROL STORAGE I-70 M.P. 178.0 -179.0
08HA300000
CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the
Design and Construction of two berm areas, East and West, on the north side of Interstate
70 at approximate Milepost 178-179. The East berm will be located on CDOT right-of-
way and Tract A and will be used solely by CDOT. The West berm will be located on
CDOT right-of-way, Tract A, and an easement that was granted to the Town of Vail
through a separate agreement with the Bald Mountain Townhome Association and will be
shared between CDOT and Town of Vail.
East Phase
• CDOT will be responsible for the design and construction of the East Berm
including environmental, right of way and utility clearances, traffic control, storm
water management, and interim and final seeding.
• Total fill approximately 48,000 cubic reserved solely for CDOT
• Approximately 20,000 cubic yards will be placed by November 2010 to build an
interim berm on Tract A. See Exhibit B-2.
• The remaining volume, approximately 28, 000 cubic yards will be reserved for
CDOT to dispose material for the next 5-10 years.
• CDOT will have a MHT plan in place prior to the start of construction each year.
An operational analysis of the traffic impacts caused by the MHT will be
completed each year.
• Town to assist CDOT with Town of Vail clearances and Design Review Board
and Town Council approval.
West Phase
• Town will be responsible for the design of the West berm including drainage,
utilities, and retaining walls. CDOT will not participate in the cost of the
retaining walls or utility locates other than the water line relocate shown on
Exhibit B. Volume distribution will be determined during the design approval
process.
• After the West berm design is approved, the IGA will be reviewed and revised as
necessary to establish responsibilities.
• Town will obtain all necessary Town of Vail and CDOT clearances. CDOT will
assist the Town with the CDOT environmental, ROW, and utility clearance.
• Town cannot begin constxuction until the design is approved by CDOT.
• FHWA will only grant Town access across the A-Line for one construction
season. Prior to granring approval, an operational analysis of the traffic impacts
caused by the MHT will be completed.
• An approved MHT plan must be in place prior to the start of construction.
• At any time unsafe traffic operations are brought to the attention of CDOT, Town
access across the A-line will be revoked until an appropriate traffic control plan is
developed by the Town and CDOT approval is granted.
Page 4 of 4 pages
COMPREHENSIVE PLAN ~ . #
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1. Water line to be relocoted by others. These plans shall not be used for the woter . . y~~ ~ L~ x , ~ ~ „
line construction or relocation.
2. Embankment and sand shallnot be place on existing or proposed water and sewer ' .~`i''~•'~ *'~i• r` ~ ` ~ y fD' 100' 200' 400'
lines. Utility locates shollbe performed prior to the stort of construction. .N ~ t•~~''~".a' .'J " ~,~f_;? h
3. Topography prepared by The Lund Partnership, Inc., for the West Voil Pass EA, September 02, 2006. 4 v.' ~ . ~ ~ ~ +~Qa : f ,
4. Bose Map creoted from a combinotion of sources. Utility, easement and property a.. rinformation added bY CDOT to the toPo9raPhic moP. Before construction be9ms ~"~t ~ ~"l~ `~y; , •';K' ~ ~
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~qallutilities, easements, and property lines shalibe field located. k'~
5. Proposed grading shown is approximote. Slight field modifications may occur. r ~j~ ~ \ • s. / ~ ~~x . <
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File Name: 20071_Exhibit B-l.dgn Date: Comments In~t. Colorado Department of Transportation As Constructed EXHIBIT B-1 Project No./Code
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. EXHIBIT 4(A-1"
D A T EXHIBIT C
PROPERTYMGMT. NO.
IGA AGREEMENT NO. 08HA3000
PARCEL NO.
PROPERTY LOCATION: Vail. Colorado_
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT, made and entered into this _ day of by and between
The Town of Vail, a Colorado home rule municipality, whose address or principal place of business is
1309 Elkhorn Drive, Vail, Colorado 81657, hereinafter referred to as "Lessor", and THE STATE OF
COLORADO, acting by and through the DEPARTMENT OF TRANSPORTATION hereinafter referred to
as "Lessee".
WITNESSETH:
WHEREAS, as to Lessee, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment
in Fund Number C0702-275 16288.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, TERM, RENT. (A) Lessor hereby leases and demises unto Lessee the Premises,
hereinafter referred to as "Premises", being a portion of Tract A, Vail Village 13'h Filing, containing
approximately 1.3 acres of land as shown on the plat attached hereto, made a part hereof and marked
"Exhibit A".
(B) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Lessee, for the term
beginning May 1, 2008, and ending December 1, 2018, at and for a monthly rental of $0.00 (see
Paragraph 19 - Additional Provisions).
The Premises is to be used and occupied as a site for the construction of a Sediment Disposal Area,
hereinafter referred to as the "berm°, together with all other uses and activities which are reasonable,
prudent and necessary for the construction of said berm and for no other purposes. Payment shall be
made on the first of each month during the term hereof, to the Lessor at: N/A
Or at such place as Lessor from time to time designates by notice as provided herein, subject to the
limitations and conditions set forth in article 7, Fiscal Funding and article 10, Federal Funding herein.
2. MAINTENANCE OF PREMISES. Lessor shall, unless herein specified to the contrary, maintain
the Premises in good repair and in tenantable condition during the term of this lease, except in the event
of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have
the right to enter the Premises at reasonable times for the purpose of making necessary inspections and
repairs or maintenance.
3. LESSOR'S OWNERSHIP. Lessor warrants and represents itself to be the owner of, or the
authorized representative or agent of the owner of, the leased Premises in the form and manner as stated
herein, and during the term of this lease covenants and agrees to warrant and defend Lessee in the quiet,
peaceabie enjoyment and possession of the leased Premises. In the event of any dispute regarding
Lessor's ownership, Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof
thereof by delivering to Lessee an "Ownership and Encumbrance Letter" issued by a properly qualified
title insurance company.
4. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised
Premises, except to a desirable tenant for a similar use and purpose, and will not permit the use of said
Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of
Lessor.
5. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of
this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this lease to the extent
that this agreement is capable of execution.
6. FISCAL FUNDING. (A) As prescribed by State of Colorado Fiscal Rules, it is understood and
agreed this lease is dependent upon the continuing availability of funds beyond the term of the State's
current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of
Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. Further, the parties recognize that the act of
appropriation is a legislative act, and the Lessee hereby covenants to take such action as is necessary
under the laws applicable to the Lessee to timely and properly budget for, request of and seek and
pursue appropriation of funds of the Legislature of the State of Colorado which will permit Lessee to make
all payments required under this lease during the period to which such appropriation shall apply. In the
event there shall be no funds made available, this lease shall terminate at the end of the then current
fiscal year, with no penalty or additional cost as a result thereof to the Lessee.
(B) To make certain the understanding of the parties because this lease will extend beyond the current
fiscal year, Lessee and Lessor understand and intent that the obligation of the Lessee to pay the monthly
rental hereunder constitutes a current expense of the Lessee payable exclusively from Lessee's funds
and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or
any agency or department thereof within the meaning of any provision of Sections 1, 2, 3, 4, or 5 of Article
XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable
to the State concerning the creation of indebtedness. Neither the Lessee, nor the Lessor on its behalf,
has pledged the full faith and credit of the State, or any agency or department thereof to the payment of
the charges hereunder, and this lease shall not directly or contingently obligate the State or any agency
or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the
annual rental charges.
(C) With Such limitation in mind, Lessee contracts to lease the Premises herein before described and
has reason to believe that sufficient funds will be available for the full term of this lease. Where, for
reasons beyond Lessee's control, Lessee's funding entity does not allocate funds for any fiscal period
beyond the one in which this lease is entered into, or does not allocate funds to continue this lease from
the then current fiscal period, such failure to obtain funds not resulting from any act or failure to act on the
part of Lessee, Lessee will not then be obligated to make the payments remaining beyond Lessee's then
current fiscal period. In such event, Lessee shall notify Lessor of such non-allocation of funds by sending
written notice thereof to the Lessor forty-five (45) days prior to the effective date of termination.
(D) The parties hereto further understand and agree that the only funds that have or may be so
appropriated and available for payment under this lease in any one particular fiscal year are for the
purpose and in an amount sufficient only to pay the rental charges provided for in article 1 above.
Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any other
charges, liabilities, costs, guarantees, waivers, and any awards thereon of any kind pursuant to this lease
1
against Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and
otherwise made available through the said State of Colorado legislature process.
7. COMPLETE AGREEMENT. This lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
8. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
lease are for identification only, and shall be disregarded in any construction of the lease provisions. All
of the terms of this lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this lease shall remain in full force and effect.
9. FEDERAL FUNDING. In the event that any or all funds for payment of this lease are provided by
the Federal Government, this lease is subject to and contingent upon the continuing availability of Federal
funds for the purposes hereof, and if such funds are not made available this lease may be unilaterally
terminated by the Lessee at the end of any month provided a ninety (90) day advance notice of
termination is given to the Lessor in writing.
10. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
11. NO VIOLATION OF LAW. The signatories hereto aver that they are familiar with 18-8-301, et
seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as
amended, and that no violation of such provisions is present.
12. CHIEF ENGINEER'S APPROVAL. This lease shall not be deemed valid until it has been
approved by the Chief Engineer, or such assistant as he may designate.
13. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter
provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with
sufficient postage attached thereto:
LESSOR: LESSEE:
The Town of Vail Colorado Department of Transportation
Attn: Mr. Greg Hall Attn: Ms. Marcella Broussard
1309 Elkhorn Drive 15285 S. Golden Road, Building 47
Vail, Colorado 81631 Golden, Colorado 80401
Notice of change of address shall be treated as any other notice.
14. HOLDING OVER. If Lessee shall fail to vacate the Premises upon expiration or sooner
termination of this lease, Lessee shall be a month-to-month Lessee and subject to all the laws of the
State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued
occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination.
Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior
to termination of this holdover tenancy.
15. LESSEE LIABILITY EXPOSURE. Notwithstanding any other provision of this lease to the
contrary, no term or condition of this lease shall be construed or interpreted as a waiver of any provision
of the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S. as now or hereafter amended.
2
The parties hereto understand and agree that liability for claims for injuries to persons or property arising
out of the negligence of the State of Colorado, its departments, institutions, agencies, .R.S boards,
as nowaor
a n d e m p l o y e e s is controlled and limited by the provisions of 24-10-101, et seq., C ,
hereafter amended and 24-30-1501, et seq., C.R.S., as now or herea fter amen d e d. A n y p r o v i s i o n o f t h i s
lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified
so as to limit any liability of the Lessee to the above cited laws.
16. SECURITY DEPOSIT. Lessee shall not be required to remit a security deposit to Lessor.
17. LESSEE'S INSURANCE. Lessee shall at its sole cost and expense, obtain insurance on its
inventory, equipment, and all other personal property located on the leased Premises against loss
resulting from fire or other casualty. The Lessee shall have the right to provide such insurance under a
self-insurance program, or, at any time during the term of this lease, to provide such insurance through an
insurance company. With respect to general liability, the Lessor recognizes that the Lessee is self
insured for general liability in accordance with the provisions of the Colorado Governmental Immunity Act
and the Colorado Risk Management Act, 24-30-1501, et seq., C.R.S., as amended.
18. LESSORNENDOR OFFSETS NOTICE. Pursuant to 24-30-202.4 C.R.S., (as amended), the
state controller may withhold debts owed to state agencies under the vendor offset intercept system for:
•
(a) unpaid child support debt or child support arrearages, (b) unpaid balance of tax, accrued interest, or
other charges specified in Article 21, Title 39, C.R.S., (c) unpaid loans due to the student loan division of
the department of higher education; (d) owed amounts required to be paid to the unemployment
compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of
which is found to be owing as a result of final agency determination or reduced to judgement as certified
by the controller.
19. ADDITIONAL PROVISIONS.
(a) The parties have entered into this Lease Agreement to fulfill the obligations of an
Intergovernmental Agreement made between Lessor and Lessee on the day of
, 20_, pertaining to the construction of the berm. Construction of the berm
by Lessee shall be considered full, fair and complete rent for the Premises during the term of
this Lease.
(b) In the event Lessee performs as required pursuant to this Lease Agreement and as part of
the consideration for the construction of the berm described in the Intergovernmental
Agreement, Lessor agrees to give and grant to Lessee an option to extend the term of this
Lease for 5 additional years, commencing on December 1, 2018 and expiring on December
1, 2023, upon the same terms and conditions of this Lease Agreement. In order to exercise
the option to extend the term of this Lease, Lessee shall give written notice to Lessor of its
intention to exercise the option to extend no later than October 1, 2018.
3
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
LESSOR:
(Full Legal Name)
(If Corporation) BY
Attest (Seal) (Name)
Title
Secretary Federal Tax Identification Number
By
(Lessor's signature must either have an attest if corporation or their signature must be notarized).
STATE OF COLORADO )
) ss
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of , bY
Witness my hand and official seal.
My commission expires
Notary Public
Address
LESSEE:
ATTEST: STATE OF COLORADO
Bill Ritter, Governor
Acting by and through
The Department of Transportation
By By
BERNHARDT K. RASMUSSEN Pamela Hutton, P.E.
Chief Clerk for Right of Way Chief Engineer
4
~
EXHIBIT
LEASE
DATE: April 4, 2008
DESCRIPTION
A Lease to the Department of Transportaaon, State of Colorado, containing 98~108 sq. ft. (2•252
acres), more or less, in Section 3, Township 5 South, Range 80 West, of the 6 Principal
Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as
follouvs:
Commencing at a point, where the north right of way of Interstate 70 intersects the west right of
way line of Mountain Road (Vail Village, Thirteenth Filing), thence along said north right of way
line of Interstate 70 the following three courses;
1. Thence S. 81 °07'45" W., a distance of 48.79 feet,
2. Thence S. 43°40'33" W., a distance of 151.00 feet,
3. Thence on the arc of a curve to the left, a radius of 5,880.00 feet, a central angle of 01°52'41",
a distance of 192.75 feet, (a chord bearing S. 88°55'42" W., a distance of 192.74 feet)
to the TRUE POINT OF BEGINNING; .
1. Thence leaving said right of way N. 09°16'30" W., a distance of 121.50 feet,
2. Thence N. 30°31'45" W., a distance of 78.30 feet,
3. Thence N. 78°06'30" W., a distance of 96.30 feet,
4. Thence S. 72°52'16" W., a distance of 265.75 feet to a comer on the northerly boundary of
Tract A, Vail Village, Thirteenth Filling,
5. Thence along said boundary, S. 80026'18" W., a distance of 169.20 feet,
6. Thence leaving said boundary, S. 04°13'00" E., a distance of 148.22 feet, to the north right of
way line of Interstate 70,
7. Thence along said right of way, on the arc of a curve to the right, a radius of 5,880.00 feet, a central angle of 05°30'43", a dfstance of 565.68 feet, (a chord bearing N. 85°13'S8" E., a distance
of 565.46 feet), more or less, to the TRUE POINT OF BEGINNING.
The above described Leased Premises contains 98,108 sq. ft. (2.252 acres), more or less.
The purpose of the above-described Leased Premises is for the construction and maintenance of
a berm. l '
Basis of Beanngs: All bearings are based on the north right of way line of Interstate 70 be,tv,.-n.~
stations 18+00 and 19+54.0 being S. 81°07'45" W. r~Q~;......•
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Project No./Code
Sheet Revisiona Colorado Department of Transportation As Constructed EXHIB2T B N/A
Prlnt Cote: 3/21/2008 ~
File Name: 2DO7LE*nlh~1 .^..ng~ Da~e: Commenc9 Init. vo Revisions:
Vcrt. Scair. e L?00 OT 714 Grantl Avenue Desi MLM/BB SlrucWre N/A
Horiz. Scale: L:100 ~ Eagle, C~ 81631 kevised: g~er.
t i end . Mi M r Phone: 970-328-6385 FAXa 570-328-2368 Detailer. BB Ncmbers
O
Eegle Residency Llnl Sheet Numher C
O Region 3 ~ILM Vald: Sheet Subset: Slmage Subsel Sheets: 2 ci z
O
RESOLUTION NO. 11
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL, COLORADO AND THE EAGLE RIVER WATER AND SANITATION DISTRICT
REGARDING DRAINAGE AND SEWAGE IMPROVEMENTS ALONG BEAVER DAM ROAD
AND BEAVER DAM CIRCLE; 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 Town wishes to make improvements to the stormwater and groundwater
drainage along Beaver Dam Road; and
WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD") wishes to
increase the capacity of its water and sewer mains along Beaver Dam Road and Beaver Dam
Circle; and
WHEREAS, the Town and the ERWSD wish to enter into an Intergovernmental
Agreement ("IGA") to combine construction efforts of both parties for the purpose of minimizing
costs of the drainage and sewer improvements along Beaver Dam Road and Beaver Dam
Circle; and
WHEREAS, the actions under tliis Resolution comply with all applicable laws and
regulations of the State of Colorado and th,e Town; and
WHEREAS, the Council considers it in the interest of the public health, safety and welfare
to enter into this IGA with the ERWSD.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the Town Manager
to enter into the IGA with ERWSD, in substantially the same form as attached hereto as
Exhibit A and in a form approved by the Town Attorney, for the combined efforts and
cost sharing of the drainage and sewer improvements along Beaver Dam Road and
Beaver Dam Circle.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Co 'I of
the Town of Vail held this 20`h day of May, 2008.
ichard Clevelan
Town Mayor
ATTE~T:
~Q~......~' ~
rel i Donaldson,
To Clerk ~
~EAL
xesohrtion xo. 11, saies zooR
~i~pii
INTERGOVERNMENTAL AGREEMENT
FOR
THE 2008 BEAVER DAM ROAD UTILITY IMPROVEMENTS
THIS AGREEMENT is made and entered into this day of
2008, by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-municipal
corporation and political subdivision of the State of Colorado, ("District") and the
TOWN OF VAIL, a political subdivision of the State of Colorado ("Town").
Collectively these entities are also referred to as the "Parties".
RECITALS
WHEREAS, Eagle River Water and Sanitation District is a water and sewer
District organized and existing under the Colorado Special District Act; and
WHEREAS, the District is empowered to provide water and sewer service to its
customers and constituents within and without its boundaries, within Eagle County,
Colorado, on such terms and conditions as the District may decide; and
WHEREA5, the Town of Vail is a Colorado municipality organized and operated
pursuant to its home rule charter and Colorado law; and
VMEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution,
Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the
Parties to enter into contracts and agreements with one another to provide
intergovernmental services and facilities, when so authorized by their governing bodies;
and
WHEREAS, the Constitution and statutes of the State of Colorado permit and
encourage agreements between political subdivisions of the State, in order that the
inhabitants of such political subdivisions may thereby secure high quality governmental
services;and
WHEREAS, it is recognized by the Parties, that the public health, safety and
welfare of their inhabitants is best served by providing high quality water, sewer and
storm drainage services; and
WHEREAS, the District wishes to increase the capacity of its water and sewer
mains along Beaver Dam Road and Beaver Dam Circle ("Water and Sewer Main Project"
or "District Project"); and
WHEREAS, the Town wishes to make stormwater and groundwater drainage
improvements along Beaver Dam Road ("Drainage Project" or "Town Project"); and
{00085913.DOC
WHEREAS, the Parties wish to combine their construction efforts to achieve cost
sharing and cost savings benefits, minimize disruption to the neighborhood and to allow
the installation of infrastructure projects to be phased in logical sequence. The Parties
desire for the District's Water and Sewer Main Project and the Town's Drainage Project
to be administered, constructed and installed, to the extent provided for herein, as one
project (collectively, the "Project"); and
WHEREAS, each of the Parties hereto desires to work together to authorize and
accomplish the construction of the Project; and
WHEREAS, each of the Parties hereto has determined it to be in the best interests
of their respective taxpayers, residents, property owners, and constituents to enter into
this Agreement.
NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements, and stipulations contained herein, and for other good and valuable
consideration, the Parties hereto agree as follows:
1. Cooperation. The Parties agree to cooperate in the planning, design,
construction, inspection, cost and expense sharing, administration and
warrantee phases of the Project referenced in this Agreement and to
cooperate and facilitate the combined efforts including, but not limited to
the execution of any additional agreements, easements, and rights-of-way
necessary to implement the purposes of this Agreement.
2. Design Costs. The District and the Town have sepaxate agreements with
Schmueser Gordon Meyer (SGM) Inc, of Glenwood Springs Colorado, for
the project design work. The District agrees to pay its portion of the
Project design costs to SGM per its agreement with SGM. The Town
agrees to pay its portion of the Project design costs to SGM per its
agreement with SGM.
3. Project Mana eg mEnt: The District wil] provide a construction management
representative ("District Construction Manager") to coordinate the
construction work, provide clarifications to the contractor and revievv and
approve proposed field changes, cost changes and time changes in a timely
manner. The Town will provide a construction management representative
("Town Construction Manager") to coordinate execution of the Town's
portion of the Project with the District Construction Manager as required
herein. With respect to communications with Project contractors, suppliers
and consultants, the Town Construction Manager shall not have authority to
bind, or otherwise affect the orligations of, the District.
{00085913.DOC 2
4. Construction Contract. The District administered a competitive bid process
for the construction of this Project under the title "Beaver Dam Road &
Beaver Dam Circle 2008 Sewer and Water Replacement". The bid
documents included items designed for and approved by the Town.
Western Slopes Utilities (WSU) was the lowest responsive, responsible
bidder, and the District has entered into a contract with WSU. A copy of
WSU's bid tabulation dated March 26, 2008 is included as Attachment B.
The District will coordinate and supervise the Project, and will be the
Owner as defined in the construction contract. The District will coordinate
the construction work, provide clarifications to the contractor, and work
with the Parties regarding any change orders or modifications to the
construction contract. No work for the Town outside of the construction
contract will be conimenced without approval by the Town Construction
Manager.
5. Construction Inspection. The District Construction Manager will be
responsible for construction inspection of its portion of the Project. The
Town Construction Manager will be responsible for construction inspection
of its portion of the project; all communication between the Town
Construction Manager and the Contractor shall be via the District
Construction Manager.
6. Geotechnical Testing. The District will pay for geotechnical testing costs
associated with gts portion of the Proj ect. The Town will either reimburse
the District for geotechnical testing associated with its portion of the
Project, or contract directly with a Geotechnical testing firm.
7. Cost Sharing. ThP District agrees to pay all costs to the contractor for the
Project. The District will invoice the Town on a monthly basis for the
Town's portion of the work based on work accomplished per the
Contractor's invoices and the value of the work listed in Attachment A.
The Town will reimburse the District for the invoiced work within 30 days.
The Town represents that it has appropriated sufficient funds to pay in full
its obligations hereunder and it has adequate present cash reserves pledged
irrevocably and held for paymPnts in this and, if necessary, in any future
years.
8. Change Orders,. Any change orders that arise during construction related to
the District portion of the Project will be nPgotiated between the District
and the Contractor.
Any change orders that arise during construction relating to
Town's portion of the Project will be reviewed by the District
{00085913.DOC 3
and Town Constnzction Manager prior to approval. Change
order work will be completed by the contractor at contracted
unit costs, lump surn costs agreed to in advance or on a cost-
plus basis. Additionally, the Town Construction Manager
will review plans and approve change orders in a timely
manner. Neither the District nor its contractor will
commence any work outside of the contracted items for
which it expects reimbursement from the Town without the
prior approval of the Town's Construction Manager.
9. Project Meetings. 'The District will make a good faith effort to invite a
representative of the Tawn to meetings concerning the Project, and
otherwise provide open communications throughout the Project.
10. Warranties. For any work that the Town determines does not conform to
the Project or Town ordinances or specifications, or needs to be completed
under warranty conditions, the Town sha11 notify the District and the
District will notify the contractor under the terms of the District's
agreement with the contractor.
11. Transfer of Warrai?_ties and Enforcement Powers. District will use its best
efforts to obtain, in writing, requisite warranties of at least a TWO-YEAR
period from District's contractor for workmanship andJor materials for
facilities, infrastnictizre, and appurtenances constructed for the Project. The
District will make its best effort to transfer warranties for the Town's
portion of Project facilities, infrastructure, and appurtenances to the Town.
12. Release from Liabilit . The Parties are affecting this undertaking to
achieve mutual benefit; and, accordingly, hold each other harmless pursuant
to Section 25 fxor-_ all but gross negligence in executing the terms of this
Agreement anci campleting the Project. The Parties agree to utilize their
best efforts in performing all terms of this Agreement.
13. Enforcement. The Parties agree that this Agreement may be enforced in
law or in equity for specific performance, injunctive, or other appropriate
relief, including damages, as rnay be available according to the laws and
statutes of the State of Colorado. It is specifically understood that by
executing this A;reement each Party commits itself to perform pursuant to
the terms conta;necl herein, and that any breach hereof which results in any
recoverable darnages shall not cause the termination of any obligations
created by this Agreement unless such terrrtination is declared by the Party
not in breach hereof.
{00085913.DOC 4
14. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
15. Venue. Venue for the trial of any action arising out of any dispute
hereunder shall be in the Eagle County court, State of Colorado, pursuant to
the appropriate rules of civil procedures.
16. Captions. The headings and sections and paragraphs are included only for
convenience and reference. If any conflict between any heading and the
text of this Agreern.ent exists, the text shall control.
17. Binding Agreement upon Successors and Assigns. This Agreement shall
run with the land, and the rights and obligations created hereby shall be
binding upon and inure to the bPnefit of the Parties hereto and their
respective successors and assigns.
18. Interested Persons. Nothing herein expressed or implied is intended or
should be construed to confer or give to any person or corporation or
governmental entity other than the District and the Town, any right, remedy
or claim under or by reason hereof or by reason of any covenant or
condition herein contained, nor limit in any ways the powers and
responsibilities of the Town, the District, or any other entity not a party
hereto.
19. Notices. All notices, requests, demands, consents and other
communications hereunder shall be transmitted in writing and shall be
deemed to have been duly given when hand-delivered or sent by certified,
United States mail, postage prepaid, with return receipt requested,
addressed to the parties as follows:
Stan Zemler, T'own Manager
Town of Vail
75 South Frantage Road
Vail, Colorado 81657
With a Copy to:
Matt Mire, Tawn Attorney
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Eagle River Water and Sanitation District
{00083913.DOC 5
Dennis Gelvin, General Manager
846 Forest Road
Vail, Colorado 81657
With a Copy to:
James P. Collins, Esq.
Collins Cockrel & Cole
390 Union Boulevard, Suite 400
Denver, Colorado 80228-1556
Either party may change the address at which it receives
written notice, by natifying the other party in writing in the
manner provided herein.
20. Severabilitv. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to
either Party or as to both Parties, such portion shall be deemed severable
and its invalidity or its unenforceability shall not affect the remaining
provisions; such remaining provisions shall be fully severable and this
Agreement shall bF! construed and enforced as if such invalid provisions
had never been inserted into this Agreement.
21. Waiver. The waiver of any breach of any of the provisions of this
Agreement, by any party, shall not constitute a continuing waiver of any
subsequent breach by that party, either of the same, or of another provision
of this Agreement.
22. Amendment. This Agreement may be amended, modified, changed, or
terminated in wh0e or in part only by written agreement duly authorized
and executed by the Parties hereto.
23. Duplicate Originals. This AgrePment may be executed in counterparts,
each of which shall be an original, but a11 of which together, shall constitute
one and the same agreement.
24. Separate Entity Status. In no event shall either party, its employees or its
representatives, be considered or authorized to act as employees or agents
of the other partlT.
25. Indemnification. Each party, to the extent permitted by law and subject to
all of the immunities, defenses and protections afforded to that party by the
Colorado Govemrnental Immunity Act, shall indemnify and hold harmless,
{00085913.DOC 6
the other party, its officers, directors, employees and agents from and
against any claims including attorneys fees, arising out of the negligence of
the officers, employees or agents of the indemnifying party and rising out
of the performance of services under this Agreement.
26. Force Majeure. No party shall be liable for any failure to perform as
required by this Agreement to the extent such failure to perform is caused
by any reason beyond the control of that party or by reason of any of the
following occurrences, whether or not caused by such party: strikes, labor
disturbances or ?abor disputes of any character, accidents, riots, civil
disorders or commotions, war, acts of' aggression, floods, earthquakes, acts
of God, explosion or siinilar occurrences; provided, such party shall
exercise its best efforts to provide the best possible alternative performance
and to prevent the foregoing occurrence from obstructing full performance.
Such occurrence5 shall not ter.-r_inate this Agreement and shall not affect
this Agreement except as provicied in this Section.
27. Entire A r~eement of the Parties. This Agreement represents the full and
complete understanding of Parties, and supersedes any prior agreements,
discussions, negotiations, representations or understandings of Parties with
respect to the subiect matter contained herein.
{00085913.DOC 7
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
effective as of the date and year first above written.
EAGLE RIVER WATER AND
SANITATION DISTRICT
By:
Robert Warner, Jr.
Attest:
Debbie Buckley, Secretary
TOWN OF VAIL
By:
Dick Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
APPROVED AS TO FORM
Matt Mire, Town Attorney
{00085913.DOC 8
ATTACHMENT A
(COST SHARING BREAKDOWN)
{00085913.D0C
Attachment A: Beaver Dam Road Utility improvements Cost Sharing between Eagle
River Water and Sanitation District and the Town of Vail
The Town agrees to pay for the following costs associated with its portion of the Project
based on the Bid Tab' and agreed upon percentages listed below.
quantity
Bid item] agreed $ total agreed
number(s) Description to by Town unit to by Town
$
1 Mobilization 7.3 % of line item 18,361.54
$
2 Traffic Control 7.3 % of line item 23,099.54
$
3 Erosion Control 7.3 % of line item 139.72
Town of Vail Storm $
41 through 62 Drainage 100 % of line items 190,504.68
$
34 pulverize roadway 361 square yard 812.25
Class 6 ABC, $
33a roadway 110 tons 7,148.90
$
32a Asphalt, roadway 25 % of line item 64,698.89
The Town agrees to pay for the following costs associated with its portion of the Project
based on field measured quantities, Bid Tab' unit prices and actual costs.
quantity
Bid agreed
itemlnumber Description to by Town unit price Unit
as required
for
4 Survey Town work actual cost
field $
32b Driveway asphalt measured 391.88 ton
Driveway base field $
33b course measured 43.56 ton
field $
37 Seeding measured 4,474.38 Acre
field $
38 Sod measured 1.11 sf
Irrigation field $
39 restoration measured 25.00 If
(1) bid items: refer to Attachment B
ATTACHMENT B
(WSU BASE BID SCHEDULE DA'fED MARCH 26, 2008)
{00085913.DOC
EAGLE RIVER WATER AND SANITATION DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BiD SCHEDULE
dTEM EST. DESCRIPTION AND UNIT UNIT TOTAL
NO. aTY. UNIT ARfCES IN WORDS PRICE PRICE
1. Job L.S. Mobilization for work
including mobilizatiort, demobilization, removai and storage of
materials, deanup/revegetation of VRI staging area for
construction season 2008 and 2009, wili be paid 50% 2008
and 5096 2009, per lump sum.
~i , . ~ ~ ~ D ~l ~ ZS ( +SZ~$ Zs I ,sz~
(Lump um Prioe - W ds)
r vc'
2. Job L.S. Conatruction TraNic Control
inciudes the preparation af approved Traffic ConVof Plan, al{
signage, reflectors, cones, flaggers, notification, coordination
and all other traffic control required per MUTCD and
Technical Spec. 01570, complete and in piace, payment
based upon project % complete, per lump sum.
$ 3 ~q 3~.
I~
(lump Sum Price - Words) 'M YLl ' uv
Job k.St Constructfon Erosion Control
' to comply with erosion control plan (sheet 2) and CDPHE
Stormwater Discharge Permit, including securing permit,
installation, maintenance and removal upon finai stabiiizafion,
wilf be paid 5096 2008 and 5096 2009, per lump sum.
CLu- lloao,,,4 kha ~L" $ ~ A Ct
(Lump Sum Price - W s
JotL.S. Constructfon Sunreying
Provide a!I construction survey necessary to complete
improvements based upon controt points provided by the
owner, payment based upon project 96 complete, per lump
c um.
I ( t(J~' $ S
(lump Sum Price - Wo s)
v
c."
Gd~f3~'
L
A uos•aa t e.mr arMsp*c&.ooeueawajm #n+:ooe.os r+wnw 06 acwewMLeoc 1
EAGLE RIVER WATER AND SANITATiON DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BID SCHEDULE
I'PEM ST. DESCRIPTtON AND UNfT UNIT TOTAL
N0. aTY. UNIT PRICES IN WOROS PRICE PRICE
5. 3495 L.F. 8" OIP, CLASS 52 Wateriine
includes excavation, dewatering, bedding, native backfill if
import is not required, joint restraint & concrete reaction
blocks, flttings (not including fittings for fire hydrants or
services), appurtenances, testing and disinfection, complete
and in place, psr lineaf foot (ERWSD detail W-03, W-12).
~ : ~ D~,w. ~c~v t100 $ I - $ 5 y I y
(Unit Price - W rd )
f:. ':11 EA '8" Gate Valve
~ Includes excavation, dewatedng, placement, appurtenances,
joint restraint, bedding and backfill, testing and disinfection,
, complete and in place, per each (ERWSD detail W-08). v Z
~ &A~6~ ~l~ $ 111 0 - $
(Unit Price - Words) fL--V-41 l 31,6p
; 4 EA 6" Gate Valve, (not including valves for fire hydrants)
include excavation, dewatering, placement on existing
water line, appurtenences, joint restraint, bedding and
hackfiH, testing and disinfection, complete and in place,
per each (ERWSD detail W-08).
, 1.-
" P\-, A
(Unit Price - Words)
_ 7 EA Fire Hydrant Assembly
include excavation, dewatering, plscement, appurtenances,
tee & vatve, joint restraint, bedding and backfill, testing and
disinfection, complete end in place, per each (ERWSD detai!
w-o7).
b'`^^iz 1146PA $-a.
(Unit Price - words) r~.
1 EA Combination Air ValveNac Manhole w/ 2" Air Release
include excavation, dewatering, backfill, air release valve,
appurtenances and fitU'ngs, manhole, piping and testing,
complete and in place, per each (ERWSD detai{ W-01). ~S
w
~
~&Jet'- I u0tc6l Ly,v?t,- -.I..~
(Unit Price - Words) 4SI
1'. 30312613•27TO1BSavw rVrt!:Sp6cB-20061AddN10Wn811Z00l-06RaMNOBDSCMEOULEAoc 2
EAGLE RIVER WATER AND SANITATION DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BID SCHEDULE
1TEM EST. DESCRIPTION AND UNtT UNIT TOTAL
lVO. (2TY. UNIT PRICES iN WORDS PRICE PRtCE
10. 27 EA Water Service Reconnection
inciuding excavation, dewatedng, bedding and backfi0, 8x4
MJ DI tee, 4" M.1 DI Plug, 2" threaded corp stop, 2" copper
service line, transition to existing service size, reconnection
to existing house service, removal and abandonment of
portion of existing service, labor and materials, complete and
in place, per each (See detail shest 40).
'-Ay "41 , $2!'asT $ P,5b 9
. + (Unit Price - Words) -T-
t
11. _ 10 EA Water Service Reconnection w/ Curb 3top
induding excavation, dewatering, bedding and backfill, 8x4
~ MJ DI tee, 4" MJ DI Plug, 2" threadad corp stop. 2" oopper
service line, 2" curb stop and box, transition ta existing
service size, reconnection to existing house service, removal
and abandonment of portion of existing service, labor and
materials, complete and fn place, per each (See detail sheet
10).
00-
$~,~,o
$.ij
(Unit Price - Words) u~~ t
"2. 3 EA Connections to existtng water system
F, including verification of location and depth, excavation,
dewatering, bedding and backfitl, cutting and removal of
~ existing piping, connection piping (S". 8" or 12"), spticing, joint
restraint 8 concxate reaction biocks, removal and
abandonment of existing piping, testing and disinfection,
complete and in pface, per each 31
q 3
It U4c-tJk4-WJ ~)W/"~ $ 3mi- s1p'yq1=
(Unit Prics - Words) + ,l VV 3l'I00
~Jetti-
13. 90 L.F. Insuiation over/around wstertine
for the purposes of insulating due to shanowness of waterline
or proximity to drainage culverts. lncluding additional
excavation, bedding and blueboard, complete and in place,
per linear foot (ERWSD detail W-20). 45- 5-0
- ~ ; „ 4 ' 45 1100 $ ( l - $ 11 U
(Unit Price - Words)
?4
11200312C03-T7T01 %sm Damftm-20061Mtlendum 01=06-0S Ravis~d BID SCNEp1)LE.Ape 3
!
d ~ ~ ~1 fo~-2
EAGLE RIVER WATER AND SANITATION DISTRICT
BEAVER DAM SEWER & WATER REPLACENlENT
BASE BiD SCHEDULE
ITEM EST. DESCRIPTION AND UNIT UNIT TOTAL
N0. QTY. UNIT PRICES IN WORDS PRICE PRICE
14. 1 EA Ground Water Barrlar (allowance)
including additional excavation, dewatering, barrier material,
~ bedding and compaction, drain to daylight, dewatering as
required, miscellaneous labor and materiais, complste and in
place, per each (ERWSD detaii W-10, S-11).
%1~, "-J, &AJ,, $ 3~ $ 3&°
(Unit Price - Words)
15. 4 EA Abandon existing fire hydrants
where not paid for separately, including all site work,
: excavation, dewatering, sawcutting, backfill, filling of
pipes or vafve boxes, disposal or removed items, complete
and in place, per each.
' O1A- - ~ ZS/WO $ IS b~$ 6 ZS
il.
(Unit Price - W s
6. . EA Abandon existing vaMes
where not paid for separately, including all site work,
excavation, dewatering, sawcutting, backfill, filling of
pipes or valve boxes, disposal or removed items, complete
and in place, per each. ,l
~jqL66& &tAJ ~Ioo $
(unit Nce - words)
~ 7. 1 EA Sampling Station
to finish grade, complete and in place, per each (Eclipse
No. 88, per detaif sheet 10). Inaluding excavation,
dewatering, bedding and backfill, tap, 2" copper service
line, 2" curb stop and box, labor and materials, complete "
ftk&cepr a. fL",
t~ _ I ~ ~ tJ
G
(Unit Price - Words) 6444,
18. 2541 L.F. 8" Sewerline Installation
PVC C-900, inctude all excavation, dewatering, removal and
disposal of existing, placement, appurtenanoes, bedding and
backfill and testing, complete and in place pec lineaf foot
(ERWSD detail S-10).
2A$ 366 1,34~
(Unit Price - Words)
,(02
':ooM01-2 •w- a....r sr~ooe~s R.~..e e~o sc~ou~Eaa 4
EAGLE RIVER WATER AND SANITATION DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BID SCHEDULE
iTEM EST. DESCRiPTION AND UNIT UNIT TOTAL
N0. QTY. UNIT PRICES 1N WORDS PRICE PRICE
19. 23 EA Standard 48" cp Manhole
y. New installation of manhole, including excavation,
dewatering, removai and disposal of existing, placement,
appurtenances, connection to existing Ilnes, bedding and
backfill, complete and in place, per each (ERWSD detail S-
01).
flugui " (os G~S
.I10. o $ W9i $ l
_ (Unit Price - Words) 3~'1-_
^0• 2 EA, Standard Cieanout
_ New installaton of cleanout, including excavation,
dewatering, removal and disposal of existing, placement,
appurtenances, bedding and backfill, complete and in place,
i~ per each (ERWSD detail B-04). 561 ,eo ~ I Z
$ ~o:2 ~
(Unit Price - Words)
'1 • 18 EA Sewer Service Reconnection
~ including excavation, dewatering, bedding and backfill, C-
900 $x4 wye & fiittings, transition to existing service,
reconnection to existing house service, removal and
abandonment o# portion of existing service, labor and
r materials, complete and in place, per each. ~
~ Se~. `~l1Co $.47' $ sa5 -
(Unit Price - Words)
~.2. ? EA. 4" Sewer Service installation
including excavation, dewatering, bedding and backfill, C-900
8x4 wye & fiittings, uansition to existlng service, reconnection
to existing house service, removal and abandonment of
portion of existing service, labor and materials, complete and
in p
f4kkk lace, per each.
f6 , $ 6, $~q
(Unit Price - Words) ~
fow 5 0 lre-a
I 4oo3=3-27a, exw wmWp.a.zooe,Aada,aum 4A2aoe.os %vr..a ero sc},EOUe.aee s
EAGLE RIVER WATER AND SANITATION DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BtD SCHEDULE
lTEM EST. DESCRIPTtON AND UNIT UNIT TOTAL
iVO. aTY. UNiT PRICES IN WORDS PRICE PRiCE
23. 9 EA. Connection to existing sewer system
. ; inciuding veriflcation of location and depth, excavation,
dewatering, bedding and backrfll, manhole connecCrons,
cutting or removal of existing piping, splicing, removai and
:abandonment of existing piping, and testing, complete and in
place, per each (At MH's #0920, #1120, #1000, #0940,
#0920, #0680, #1300, #1440, #1400). yq Q~
` SU" $ 3,19 Tt 3~~.~qoS
(Unit Price - Wor ) ~oo
~r.,.
24. 1 L.S. Sewage 8ypass Pumping,
for the purpose of containing and providing continuous
sewage flow during construdion activities, complete and in
place, per lump sum (see Tech. Spec. 02561). Shall be paid
based upon % complete of sewer main.
&VV46J ~?`,X- UUA,4~ $ 2,~o $ 21 son '
(Lump Sum - Words)
25. 2 ''EA. Abandon Existing Sewer Manhole
where not paid for separately, inctuding ail site work,
excavation, dewatering, backfill, sawcutting, filling of pipes or
manholes, disposai of removed items, complete and in place,
per each (MH's #0640 8#1260). Zq s$
Q~:-_ I &W &4d~ ~ $liq~8 s ~q've ~
(Unit Price - Words) ~'1.,,.a m/
~-~S~ti t
~6. 6-i97 Ton Imported Structural Backfill materiai, Class 2 ABC
lncluding fumishing, hauling, dewatering, placing and
compacting where native material pulled from excavation
is not suitabie per ERWSD or Town of Vail requirements,
complete and in place, per ton. 53
~ ,x- 6 111 po $ Z S-$ I59LW
(U ' Price - Words)
r~
Zoc) f 3d~-
. oMoor.:rrc, eavw a.mea.m-NMwan«naum,n%2006oa n.rr.a eio ac.HmuLe.aeo 6
EAGLE RIVER WATER AND SANfTATiON DtSTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
' BASE BID SCHEDULE
tTEM EST. DESCRIPTION AND UNIT UN1T TOTAL
N0. QTY. UN1T PRICES IN WORDS PRICE PRICE
27. 2187 Ton Imported Bedding materfal, Ctass 6 Aggregats
lncluding fumishing, hauGng, dewatering, p{acing and
compacting where groundwater may be encountered and G(~,
~ screened rock bedding is not suitable per ERWSD
requirements, complete and in place, per ton.
~ fdw 0$(~00 $~$1V
(U t Price - Words)
. ~
28. 500 S.Y. Subgrade Stabilizatfon,
Includes Class 2 at 24" depth, paid for by item #26),
4 1 including excavation, dewatering, iurnishing and placement
of geosynthetic, complete and in place, per square yard, as
directed in field.
tr ~ (AD `w4
(Unit Price - Worcls)
~9. 5830 C.Y . Export Excavation
including the removal, hauling off site and disposing of
excavated and/or unsuitable material, asphalt or concrete
driveway material, per cubic yard, as per fe{d direction.
, ao
(unit •ce - oMs)
: 0. 451 S.Y. Asphait Patching Reatoration for utility line work
including saw cutting of pavement in work area for utility
main and services only, up to a 2° asphatt patch, joint
sealing, site preparation, 6" Class 6 ABC, compiete and in
place, per squsre yard (Vail RdBDR 0+50 - 2=00, BDR
20+25 - 22+25, BDR 26+85 - 28+35, BDC 0+45 - 2+00). ~ [{~j
q~ 1l~ $ 5 $ ZS ~,(oS~P
( nit rice - Words)
1632 S.Y. Asphalt Restoration 2" overlay for utility line work
; including tack coat, overlay cf en ' roadway width,
milling around drives and match points, site preparation,
complete and in place, per square yard (Vail Rd/BDR 0+50
- 2=00, BDR 20+25 - 22+25, BDR 26+85 - 28+35, BDC
0+45 - 2+00)-
~1 qZ
$
Z ~
Unit Price - Words)
OM1004"M, On,,.,CwAPft6.=VAddvWW r„N&W MvbW 80 SCHEDULEAtc 7
EAGLE RlVER WATER AND SANITATION DISTRICT
BEAVER DAM SEWER & WATER REPI.ACEMENT
BASE BID SCHEDULE
iTEM EST. DESCRtPT{ON ANQ UNIT UNIT TOTAL
N0. aTY. UNIT PRICES IN WORDS PRICE PRICE
32a. 1206 Ton Roadway Bituminoua Pavement
Grade SX, inciudes pavement for roadway reconstruction,
complete and in piace, per ton
s'1 Sy
~ ~e ~dlwlt,l.w ll sd $ Z $ ZS_ ~j ~S
(Unit Price - Words)
32b. 25 :'Toh `Driveway Bituminous Pavement (3" depth)
Grade SX, inciudes pavement for driveway reconstruction
and roadway patching (6" gate vaive instaliations),
~ complete and place, per ton
f
. _ ; ' ? ~ t,~., ~ I I BO 2~, I g I 'L0) _
(Unit Price - Words)
33a. 2588 Tan Roadway Class 6 Aggregate Base Course (mixture of existing,
miilings, and imported material), including
furnishing, hauling, placing and compacting beneath
streets, cross pans and curb & gutter, complete and
„ in place, per ton.
~oo 4~q ~ ~Z
~ $ ~ q -
nit Price - words
(U )
~
33b. 50 Ton Driveway Cfass 6Aggregate Base Course (6" depth)
including fumishing, hauling, plaang and compactlng
beneath driveways, and roadway patching (6' gate vaivre
instailations), compiete and in place, per ton.
.l iwlit, I'IVA", q6 liev a Q3 510 $ Z, 145 -
~
nit Price - Words)
34. 7017 S.Y. Pulverize Exiating Asphait Mat
includes milling, windrow, haui, stockpile to allow utiNty
instailafion and subgrade adjustment where required,
complete and in piace, per square yard.
- I-we 29
(Unit Price - Words)
, HS L-'
roTaooa-17no, e.awr 0am8o.c.-200e%AAeMdwn 01%200Sos n.v%aa em sa+EOUtEeoe 8
/
EAGLE RIVER WATER AND SANITATION DISTRICT
BEAVER I.IAM SEWER & WATER REPLACEMENT
BASE 81D SCHEDULE
17EM EST. DESCRIPTION AND UNIT UNIT TOTAL
N0. QTY. UNIT PRICES iN WORDS PRICE PR(CE
35. 25 S.Y. Replace Brick Paver Drivewsy or Sidewalk
. Including removal and resuse of existing pavers,
excavation, sand bedding and backfill, compaction,
~ 4. complete and in place, per square yard. 673 C) 3
ot..~ `~~,~"1 ~ u 1 w~- ~ILb $ ~ ~ $ 3~ Z z~ r
(Unit Price - Words)
36. 50 S.Y. Replace Concrete Valiey Pan, Driveway or Sidewaik ,
including excavation, bedding and backfill, compaction,
concrete piacement (6" depth) complete and in ptace, per
• square yard. 27 L3 5~10
$ ~ 3 ti r
(Unit rice - Words)
:17. 0.8 Acre Seeding (native)
' Including 4" topsoil, ssed, fertilizer, tacifier, placement
(hydroseeding) and straw mulch, complete and in plaCe, 38 ~
p acr 6ty $ $
(Unit Price - Words)
7w
;.8. 3250 S.F. Sod
including A" topsoil, subgrade preparaton and watering,
complete an ~in place, per square foot. ~
- 11ao $ !
(U~it Price - Words)
39. 90U 4.F: Irrigation Restoration (allowanoe)
including all work to restore irrigation systems encauntered
throughout the entire project, complete and in place, per
linea foot.
~ ~~11~- g Z5 ~ $ ~ s8~ -
(Unit F~rice - Words)
F
40. 10 DAY Dewatering
lnciudes dewatering by continuous pumping, well-point
system, as defined by Technical Spec 02200 Section 3.03.
Compiete and in place, per day.
o ~~80
, r (unit Price - words) 01(80
q~
11 a%2oA774 e. ,y.. ow%sv.a•zooawa.Ajnr,1xooe-os rAne ew scHouLEmc 9 `2
`7~ J
f .
EAGLE RIVER WATER AND SANITA710N DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BID SCHEDULE
ITEM EST. DESCRIPTION AND UNIT UNIT TOTAL
NO. QTY. U1NIT PRiCES IN WORDS PRICE PRICE
TOWN OF VAIL STORM DRAINAGE INSTALLATION 1TEMS: Ail storm drain materials and
concre$e ahalbe suppfied by the contractor. Contractor la responsible for coordinatton,
installation, !a r and asaociated labor materials. For the purposes of appropriate biliing, the
District requests the separate bid value for the below items associated with any and all work due
to TOV roadv+ray 'rsafignment (3+15 to 6+00) and storm dratnage installation. These values below
SHOULD NOT already be included in similar b(d ltems for sewer/water line work. TOV wili review
the bids fdr ttidir' items separately to determine if they wi{I prxeed with the coMract. The District
resarvea the right to remove the Town of Vail Bid Items from the contract.
41. 50' L.F. Concrete Curb and Gutter
~ t Type lf-B, as specfied in plan detaits, including driveway cut,
. excavation and compacted bedding and backflli, complete
and in piace, per lineal foot. r~Iive ~ .,p
~q
&Ue&" `it_ $ 3 5 $ ~-"Trww
. , ,
r i (Unit Price - Wo s) * Iq' Z~c~ 5
i f.,j
42. c05 jr ktF. 3' Cancrete Vailey Pan as specified in plan
• :,;,;detaiis, complete in place, per lineal foot. 69-
~
t ~c' ri~a F~ ~ $
. ; . . nit Price - Words)
.i3. ~r ~A= NeW CDOT Type C Inkt (CIOSB mesh grate)
~ complete and in place, per each (see detail Sheet 12). 2A
3$ 17%6 _
(Unit Price - Words)
44. EA: New CDOT Standard Curb Inlet
i including bicycle safe grate, complete and in ptace, per each
(see detaif sheet 12).
r~
g $
(Unit Price - Words)
f -
~ 5. 2 EA Abandon Existing CMP Cuivert
Complete and in place, per each.
3tiied &)~Ae &IOWA $ tL~
(Unit Price - Words)
~.osnw a;-s» fi+ ft vw parMsow-iooeuwe.MW 81uoW-0a ftft.e eo &DWA6.41x 10
1 EAGLE RIVER WATER AND SANITATION DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BID SCHEDULE
z'fEM ES T. DESCRIPTION AND UNIT UNIT TOTAL
I'40. aTY. UNIT PRICES IN WORDS PRICE PRICE
d. 46. L.F. Culvert, including excavation, bedding, and compacted
backfill, complete and in piace, per lineal foot.
106 a? 18" CMP
• ~ ?~~oC~ ~ 6 ~
s~6 ~ i
' (Unit Price - Words)
93 b) 42" CMP
, • : ~ r'
-o ~ik) $ 2 $ A0
(Unit Price - Wo ds)
93, c} ALTERNATE: Add for 42" RCP over
priIC 42" CMP. ~ ~
~
r ~ZgF" $
(Unit Price - Wo ds)
.7. 'Each Culvert Flared End Saotions
, complete and in place, per each.
2 a) 18' Flared End Sections
~
(Unit Price - Words) ~
1 b} 42" Flared End Sections
~ I ~
(Unit Price - Words) $3,~~ $ 3 S
(Ast
1 c} ALTERNATE: Add for 42" CP Flared
End Sections over price for 42" Flared
End Sectfons. I (,,IC)C~-~r
jGOV ~~.4iffiQ $
(Unit Price - Words) %
11 ~
.~::owVocaa7nc1 a..w, • c.~~..,.aaooev~oa«~+rs~oodos ~Nc sa+Eo~nE.ac
EAGLE RIVER WATER AND SANITATION DISTRICT
BEa4VER DAM SEV1fER & WATER REPLACEMENT
BASE BID SCHEDULE
TEM EST. DESCRIPTiON AND UNIT UNIT TOTAL
N0. aTY. UNlT PRICES {N WORDS PRICE PRICE
EA Storm Dratn Manhoie
complete and in place, per each.
1 a) 4' 4) q,%
11wef, lu~tlj
(Unit Price - Words)
~ . r p) 510
~I 1 gl
"$t~~~ 3
(Unit Price - Words)
pp
5.5 C.Y. Riprap, 12" Stone Size
fumished for cufvert outiets, complete and in place, per
cubic yard. 3~ioo 3$ ~
$ °l
(Unit Price - ords)
71 ..L.F, Ditch, Type 1 TRM
Including excavation, erosion control materiat and
revegetation, complete and in place, per lineai foot.
ss 1 l~ $ Z'g, 5s;
rAy s 08q
(Uni Price - Words)
:t
51. 6 EA Pothole Utilities
to inciude the potholing of utilities as necessary and
approved by the District or Town. Pothoiing to be completed
using non-destructive method, per each.
(Unit Price - Words) lin i.}t f~~ 0 O
6 2. 0 EA Remove existing tree (>=12" caliper)
, Including protection of existing structures, cutting, remaval
and disposal, complete and in place, per each.
(Unit Price - Words) 2G ~i 4- 1 Q~
: aUrbsVno, e..Kt cww»a-moeAae@rwm 01120" rww.e 80 aa+EaxF.eoc 12 ~
EAGLE RIVER WATER AND SANtTAT10N DISTRICT
BEAVER DAM SEWER & WATER REPLACEMENT
BASE BID SCHEDULE
lTEM EST. DESCRlPTION AND UNIT UNIT TOTAL
NO. aTY. UI1fIT PRICES !N WORDS PRICE PRICE
53. 1'0 EA Resetting of Traffic and Street Signs,
complete and in p{ace, per each.
~ • ~ ~ ~p ~ ~ -
11oer,~;1~,~ ~ wr,~ s 3tZ $ 3~ z.
(Unit Price - Words)
54. 0 EA Resetting Streetlight
including excavation, ptacement and backfill,
Complete and in place, per each (see detail sheet 13)
(Unit Price - Words)
55. 0 EA Resetting Utility Pedestal
_ including excavation, backfill and coordinetion with utility
per each.
$
$ ._-(Unit Price - Words)
:~6. 0 L.F. Install 4" electricai conduft, Schedule 80 PVC
for streetfight relocation inciuding trenching, placement,
bedding and backfill and coordination with TOV, complete
and in place, per fineal foot.
~ $ : $
(Unit Price - Words)
57. 0 S.F Construction of Boulder Wall
including excavation, bedding, pfacement and backfill,
complete and in place, per square fooUexposed face (ses
detail sheet 13).
(Unit Price - WoMs)
MMoauoas.27-M e..w. o.mi.~aoosviea.nam .,=os.os ww.e em 304EouMme 13
. ~
EAGLE RiVER WATER AND SANITATiON DISTRICT
BEAVER DAM SEIIVER & WATER REPLACEMENT
BASE BID SCHEDULE
!TEM tST. DESCRIPTION AND UNIT UNIT TOTAL
NO. aTY. UNIT PRICES IN WURDS PRICE PRICE
58. 1294 L.F. Roadside Underdrain
including excavation, bedding, placement and backtill,
° complete and in place, per lineal foot (see detail sheet 12).
3b 11 3~ 3~ ? 8~
~ $ ~9~
( nit Price - Words)
s
59. 100 L.F. Gas Line Retocation
in the event of storm drain or utility conflict or to mainiain
adequate cover, complete and in place, per lineal foot (to
. establish unit cost only).
53
$ Z
( ni1 Price - Words)
60. 100 L.F. Telephone Llne Relocation
in the event of storm drain or utility conflict or to maintain
adequate cover, compiete and in place, per fineai foot (to
estabiish unft cost only).
$ ~C
(U it Price - Words)
EIs. 100 L.F. Cable N Line Relocation
in the event of storm drain or utility conflict or to maintain
adequate oover, comptete and in place, per iineal foot (to
establish unit cost only).
fWQ,j i~45 31 <~0 23s~ Z
$
(u tit Pricg - woras)
62. 100 L. F. Electric Line Relocation
in the event of storm drain or utitity conflict or to maintain
adequate cover, compEete and in pisce, per lineal foot (to
establish unit cost only).
~
111"414 „ IS 3.~ Z~y $zI3 S 3~
(Unit rice - Words)
It .+43120G 1277101 ftmr Dsml3pwn-2006NtEdanAirn iU200l-0S RsNqd BID SCl1EDULEdoc 14
EAGLE RIVER WATER AND SANITATION DISTRICT
' BEAVER DAM SEWER & WATER REPLACEMENT
BASE BID SCHEDULE
1TEM EST. DESCRIPTION AND UNlT UNlT TOTAL
NO. QTY. t UNIT PRICES iN WORDS PRICE PRICE
HCE CONDUI7 INSTALLA110N ITEMS: AIl conduit and vaults shaN be aupplied by HCE.
Contractor !s reaponsible for coordination, instaltation, labor and associated labcx materials. For
the puxposes of Appropriate biiling, the District requests the separate bid value for the below
items associatsd with any and a11 work due to HCE's conduit and vault instatlation. These values
below SHOULD NOT already be included in similar bid items for sewerlwater line work. For the
condu(t work the contractor may lay the 4" pfastic conduit in the same trench as the waterline
keeping 4` livAkorrtal dlstance, or may instalf in an entirely separate trench, or some combination
of both. A proposed alignment ia shown. CONTRACTOR MUST SUBMIT HIS PROPOSED
METHOD WITH THE BID. HCE wt{I review the bids for their items separately to deternnine if they
will praceed with the contract. The District reserves the right to remove HCE Bid Itema from
contracL L t
63. 3150 L.F. Conduit Trenching
per HCE specfficatioris, inciuding excavation, dewatering,
bedding. For separate trench from wateriine trenching, to
48" depth of cover, backfill, compaation and any addltional
St i paving or surface feature removat & disposal, per linear foo#. SO
- ~ , J t;, ~ "10 (13i1o $
a1; , Wit Price - Words)
;s• t
E 4. •1,F, Concrete Vaults
;per HCE specifications, installation of their vautts at the
#i design locations, excavation & surface restoration, per each. ~
i
. I, mtq ~ 16r~ $ c9 D
(Unit Price - Words)
65. 6015 L.F. 4" PVC Elechical Conduit
_ per HCE specifications, installation of their 4' plastic ^
, conduit(s) at the design locations, per If.
Dw,. 26-1 (eO $.L-_ $q s ~
,
(Unit Price - Words)
~i~ ~l VI~'.~~ i S~ t?~S~t~ 0'~ j~" ~ I~ e~ ~~-~"~l
~
wajw p~
r~~ I ZN ~
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~RESOLUTION NO. 12
Series of 2008
A RESOLUTION AMENDING THE TOWN OF VAIL PUBLIC WAY PERMIT FEE SCHEDULE;
AND SETTING FORTH DETAILS IN REGARD THEREOF.
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, Pursuant to Title 8, Chapter 1, Vail Town Code, a Town fee schedule for
Public Way Use Permits and Public Way Street Cut Permits is necessary in order to offset costs
due to Public Way use, public inconvenience, property degradation, inspection, coordination
and administration; and
WHEREAS, the Public Way Permit Fee Schedule was last adopted on April 4, 2006 by
Resolution No. 5; and
WHEREAS, the Council hereby finds, determines and declares that this Resolution is
necessary and proper for the public health, safety and welfare of the residents and guests of the
Town of Vail.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1. The Town of Vail Public Way Permit Fee Schedule dated April 1, 2008, as set
forth in the attached Exhibit A and incorporated herein by this reference is hereby approved
and adopted by the Town and may be amended from time to time by a resolution of the Council.
Section 2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED This 15th day of April, 2008.
Richard Cleveland
Town Mayor
ATT,,EST:
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Lor lei Donaldson .,~L
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Town Clerk . 49~
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Resolution No. 12, Series 2008
Exhibit A
Town of Vail
Public Way Permit Fee Schedule
Adopted Apri11 st, 2008
Public Wav Use and Street Cut Permit
A Public Way Permit application fee of $100.00 will be assessed for the issuance of any
Public way Use or Street Cut Permit. In addition, a charge will be assessed for both
Public Way Use Permits and Public Way Street Cut Permits in order to offset costs due
to Public Way use, public inconvenience, property degradation, inspection, coordination
and administration. The Fee schedule shall be set as follows: (Fees shall not be pro-
rated, and shall be rounded up to the nearest measurement or time as indicated)
Public Way Use Permit Fee: (Minimum Fee $50.00)
Construction Season
Single Lane Closure: $0.15 / Ift / day
Two Lane Closure: $0.45 / Ift / day
Three Lane Closure: $1.50 / tft / day
Sidewalk/Bike Path Closure: $0.15 / Ift / day
Core Areas Heated Streetscape $0.25 / sqft / week
Paved Surface (non traffic): $0.25 / sqft / month
Non-Paved Surface: $0.05 / sqft / month
Non-Construction Season
Single Lane Closure: $1.00 / Ift / day
Two Lane Closure: $3.00 / Ift / day
Three Lane Closure: $6.00 / Ift / day
Sidewalk/Bike Path: $0.50 / Ift / day
Core Areas Heated Streetscape $0.50 / sqft / day
Paved Surface (non traffic): $1.00 / sqft / month
Non-Paved Surface: $0.20 / sqft / month
Public Way Street Cut Permit Fee: (Minimum Fee $50.00)
Public Ways:
Asphalt/Concrete Paved Surface: $0.30 per square foot
Brick Paver Surface: $1.00 per square foot
Non-Destructive Exploration (each): $50.00 per location
Non-Paved Surfaces: $0.05 per square foot
Public Ways Under Moritorium:
Asphalt/Concrete Paved Surface: $8.00 per square foot
Brick Paver Surface: $15.00 per square foot
Non-Destructive Exploration (each): $200.00 per location
Non-Paved Surfaces: $0.25 per square foot
Definitions:
Non-Construction Season: Times in which construction is not allowed within the Public
Way in the Town of Vail as defined in Title 8 of the Town
Municipal Code and as further defined by the "Vail
Construction Hours Policy" information handout.
Construction Season: All times other than non-construction Season.
Public Ways Under Moratorium: Public Ways that have been reconstructed, rehabilitated, or
resurfaced within the past five (5)yrs.
Non-Destructive Exploration: Non destructive sub surface investigation by means of
vacuum suction, auger, boring or other similar means that
disturbs less than 12" of the surface to determine depth
and location of existing utilities or other structures, perform
soil tests or analyses, or other sub surface exploratory
needs.
RESOLUTION NO. 13
Series of 2008
A RESOLUTION APPROVING THE FIRST AMENDMENT TO
DEVELOPMENT IMPROVEMENT AGREEMENT BETWEEN THE
TOWN AND OHP VAIL ONE LLC CONCERNING THE LIONSHEAD
PARKING STRUCTURE; APPROVING THE "PROJECT PLAN"
PURSUANT TO TI3E FIRST AMENDMENT TO THE DEVELOPMENT
IMPROVEMENT AGREEMENT; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, on October 16, 2007, the Town of Vail (the "Town") and OHP Vail One
LLC ("Developer") entered into a Development Improvement Agreement concerning the
redevelopment of the Lionshead Parking Structure (the "Agreement");
WHEREAS, among other things, the Agreement establishes a process for the submission
of a Project Plan by Developer;
WHEREAS, Developer formally requested an extension of time under Section 3.08 of the
Agreement to the permitted contract date of September 15, 2008 for consideration for review of
the Project Plan;
WHEREAS, by letter dated June 5, 2008, the Town acknowledged that Developer had
exercised its right to extend the deadline for review of the Project Plan to September 15, 2008;
WHEREAS, in the same letter, the Town notified Developer that there were issues
concerning Developer's compliance with deadlines contained in Sections 3.11 and 6.01 of the
Agreement (relating to employee housing and the conference center);
WHEREAS, on July 15, 2008, the Town Council directed Town staff to return with an
amended approval process for the Project Plan submittal, including any amendments necessary
to the Agreement;
WHEREAS, in addition to establishing an amended approval process for the Project
Plan, the Town and Developer wish to resolve the outstanding issues with Sections 3.11 and 6.01
of the Agreement; and
WHEREAS, Section 16.01 of the Agreement permits amendment to the Agreement by
mutual consent in writing of Developer and Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby approves the First Amendment to Development
Improvement Agreement (the "First Amendment") in the form attached hereto as Exhibit A and
incorporated herein by this reference. The Town Manager is hereby authorized to execute the
First Amendment on behalf of the Town.
Resolution No. 13, Series 2008 1
Section 2. Upon execution of the First Amendment by the Town Manager and
Developer, the Project Plan presented to the Town Council by Developer on July 15, 2008, is
hereby approved, subject to all applicable terms of the Agreement and the First Amendment.
Section 3. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19'h day of August, 2008.
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Dick Cleve d, own Mayo
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Resolurion No. 13, Series 2008 2
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FIRST AMENDMENT TO
DEVELOPMENT IMPROVEMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT
(the "First Amendment") is entered into by and between the TOWN OF VAIL, COLORADO, a
Colorado home rule town, with offices at 75 South Frontage Road, Vail, Colorado 81657 (the
"Town") and OHP VAIL ONE, LLC, a limited liability company organized under the laws of the
State of Delaware ("Developer"), located at 2525 McKinnon Street, Suite 750, Dallas, Texas
75201, upon the terms and conditions set forth below. The Town and Developer may be referred
to hereinafter collectively as the "Parties" and each individually as a"Partv."
Recitals
Capitalized terms used in this First Amendment and not otherwise defined herein have
the meanings set forth in the Development Improvement Agreement by and between the Town
and Developer, dated October 16, 2007 (the "Agreement"). This First Amendment is made with
respect to the following facts:
A. The Agreement sets forth the rights, obligations and method of participation of
the Parties with respect to the development of the Project on the Site, including timeframes,
deadlines and target dates for the completion of certain tasks.
B. By letter dated April 14, 2008, Developer notified the Town that Developer was
working to meet the target dates established in Section 3.08 of the Agreement with respect to the
Project Plan, and formally requested an extension of time under Section 3.08 of the Agreement
to the permitted contract date of September 15, 2008 for consideration for review of the Project
Plan.
C. By letter dated June 5, 2008, the Town acknowledged that Developer had
exercised its right to extend the deadline for review of the Project Plan to September 15, 2008,
and that Developer is working with Town staff to meet this deadline, and notified Developer that
there were issues concerning Developer's compliance with deadlines contained in Sections 6.01
and 3.11 of the Agreement.
D. On July 15, 2008, the Town Council voted to direct Town staff to return with an
approval process for the Project Plan submittal, including any amendments necessary to the
Agreement.
E. The Parties intend for this First Amendment to respond to the Town Council's
direction, and to reflect the Project Plan approval process for the benefit of both Parties.
F. Section 16.01 of the Agreement permits amendment to the Agreement by mutual
consent in writing of Developer and Town, and this First Amendment shall serve as such writing
evidencing the mutual consent of the Parties.
G. The Parties now desire to enter into this First Amendment to amend terms of the
Agreement to reflect a mutually beneficial Project Plan approval process.
H. By execution of this First Amendment, each of the Parties hereby deems the other
to be in compliance with the terms of the Agreement as of the date hereof.
1
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A&reement
NOW, THEREFORE, in consideration of the covenants and agreements of the Parties as
hereinafter set forth, and for good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged by each Party hereto, the Parties agree as follows:
Section 1. Section 3.08 of the Agreement is hereby deleted in its entirety and replaced
with the following:
.
Section 3.08 Project Plan. Developer shall present the Project Plan to the
Town Council for review prior to September 15, 2008. Any requests for
postponement of the consideration for review of the Project Plan shall be subject
to the approval of the Town Council. The Town Council, on behalf of the Town
as owner of the applicable Public Improvements and in its capacity as co-
applicant in the entitlement process, shall review the Project Plan. If the Town
Council has approved the Project Plan, but the Deed Restriction Agreement has
not been executed by March 17, 2009, this Agreement shall immediately
terminate, unless such target date is extended pursuant to this Section. If the Deed
Restriction Agreement has not been executed by March 17, 2009, the Town and
Developer may agree in writing to extend the target date for approval of the
Project Plan by up to three (3) consecutive periods of ninety (90) days each.
Upon favorable review of the Project Plan and execution of the Deed Restriction
Agreement, Town Council shall authorize the Town Manager to sign an approval
for the application to proceed with the Project entitlement process.
Section 2. Section 3.11 of the Agreement is hereby deleted in its entirety and replaced
with the following:
Section 3.11 Emplovee HousinQ. Developer shall comply with the
applicable employee housing obligations of the Vail Town Code existing on the
date of submission of application to proceed with the Project entitlement process.
Section 3. Sections 6.01(a) and 6.01(b) of the Agreement are hereby repealed in their
entirety. It is Developer's responsibility to fund the Conference Center as proposed in
Developer's Project Plan as approved by the Town Council in Resolution No. 13, Series of 2008.
The Town is not obligated to provide any funding for the Conference Center, as proposed in said
Project Plan.
Section 4. Execution in Several Counternarts. This First Amendment may be
simultaneously executed in several counterparts, all of which shall constitute one and the same
instrument and each of which shall be, and shall be deemed to be, an original.
Section 5. Effective Date. Upon execution hereof, this First Amendment shall be
effective as of , 2008.
IN WITNESS WHEREOF, each Party has executed this First Amendment to
Development Improvement Agreement or caused it to be executed, under seal, on its behalf by
its duly authorized representatives on the _ day of , 2008.
2
. .
TOWN OF VAIL, COLORADO:
Stan Zemler, Town Manager
ATTEST:
Lorelei Donaldson, Town Clerk
OHP VAIL ONE, LLC:
By:
Name:
Title:
[SIGNATURE PAGE TO FIRST AMENDMENT TO
DEVELOPMENT IMPROVEMENT AGREEMENT]
3
RESOLUTION NO. 14
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL GOLF COURSE LEASE
AGREEMENT WITH THE VAIL PARK AND RECREATION DISTRICT; 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 Town and Vail Park and Recreation District (the "VRD") desire to
enter into an Intergovernmental Golf Course Lease Agreement (the "Agreement")
subject to the terms set forth in the attached Exhibit A; and
WHEREAS, on March 4, 2008 the Council approved Resolution No. 2, Series
2008 authorizing the Town Manager to enter into a Master Facilities Lease with the VRD
subsequent to the Council's approval of a lease agreement for the Vail Golf Course; and
WHEREAS, the Town and VRD are authorized by the Constitution and Statutes
of the State of Colorado, including Secton 29-1-203, C.R.S., to enter into
intergovernmental agreements to govern the provision of the services set forth in the
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
1. The Intergovernmental Golf Course Lease Agreement, attached as Exhibit A
hereto and incorporated herein by this reference, is approved by the Council.
2. The Town Manager is hereby authorized to execute and deliver, on behalf of
the Town, the Golf Course Lease Agreement in substantially the same form
as approved by the Council.
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 15Ih day of July, 2008.
Dick Cleve and, Town ayor
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~.Donaldson, Town Clerk
Resolution No. 14, Series 2008
TOWN OF VAIL
AND
VAIL PARK AND RECREATION DISTRICT
INTERGOVERNMENTAL
GOLF COURSE LEASE AGREEMENT
92008
{00084138.DOC / 9}
TOWN OF VAIL
AND
VAIL PARK AND RECREATION DISTRICT
INTERGOVERNMENTAL GOLF COURSE
LEASE AGREEMENT
THIS TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT
INTERGOVERNMENTAL GOLF COURSE LEASE AGREEMENT
("Intergovernmental Agreement") is made and entered into as of the day of
, 2008, by and between the TOWN OF VAIL, COLORADO, a Colorado
municipal corporation, hereinafter referred to as the "Town," and the VAIL PARK AND
RECREATION DISTRICT, a quasi-municipal corporation and political subdivision of
the State of Colorado, hereinafter referred to as the "District". The Town and the District
are sometimes referred to herein singularly as a"Party" and collectively as the "Parties".
WHEREAS, the District (i) is a quasi-municipal corporation and political
subdivision of the State of Colorado separate and independent of the Town, (ii) is
organized for the primary purpose of, and has over 40 years of expertise and skill in,
providing recreational programs and services to its residents and visitors, and (iii) is
governed by its Board of Directors, which Directors have been duly elected by its voters;
and
WHEREAS, the District imposes an ad valorem mill levy on taxable property
within its boundaries for purposes of defraying in part the costs of fulfilling this mission;
and
WHEREAS, the Town owns various recreational facilities, including without
limitation the Vail Municipal Golf Course; and
WHEREAS, it is the desire of both Parties to cooperate in the provision of
recreation programs and services to the inhabitants and guests of the Town at the
Premises (defined below); and
WHEREAS, the District has been providing such services under lease agreements,
including without limitation the Ground Lease and Option to Lease Agreement dated as
of May 27, 1966; First Amendment to Ground Lease and Option to Lease Agreement
dated as of October 16, 1968; Ground Lease dated as of May 27, 1968 (all for Pulis
Property); Ground Lease and Option to Lease Agreement dated as of May 27, 1966; First
Amendment to Ground Lease and Option of Lease Agreement, dated as of October 27,
1967; Second Amendment to Ground Lease and Option to Lease Agreement dated as of
October 16, 1968; Third Amendment to Ground Lease and Option to Lease Agreement
{00084138.DOC / 9}
dated as of November 18, 1969; Ground Lease dated October 16, 1968; Ground Lease
dated as of May 23, 1966; First Amendment to Tract F Ground Lease dated as of
November 8, 1969 (all for Vail Associates Property); Agreement dated as of March 14,
1985 between the District and Town of Vail; and U.S. Forest Service Special Use Permit
dated as of September 8, 1966, which documents are collectively referred to herein as the
"Prior Lease"); and
WHEREAS, it is the desire of both Parties for the District to continue to provide
these services; and
WHEREAS, the Parties intend for this Intergovernmental Agreement to terminate
and replace the Prior Lease, except for any provisions related to rights and obligations
with regard to water supply; and
WHEREAS, this Intergovernmental Agreement applies to the Vail Municipal Golf
Course ("Golf Course") and the Parties do not intend for this Intergovernmental
Agreement to apply to other Town recreational facilities used by the District; rather, a
new lease applicable to such facilities is being executed on or about the same date
herewith, which lease is know as the "Non-Golf Course Facilities Lease; and
WHEREAS, in connection with identified major facilities repair and maintenance
projects necessary to be conducted currently and into the foreseeable future as well as
possible major renovations or reconfigurations of Golf Course facilities, the Parties desire
to simplify, modify and supersede the Prior Lease and memorialize their intended
relationship with respect to their rights and obligations with regard to the Golf Course for
the term of this Intergovernmental Agreement; and
WHEREAS, the Town and the District are authorized by the Constitution and
Statutes of the State of Colorado, including Section 29-1-203, C.R.S., to enter into
intergovernmental agreements to govern the provision of such services to the inhabitants
and visitors of the Town; and
NOW THEREFORE, in consideration of the mutual promises contained herein,
the adequacy of which is hereby admitted, the Parties hereto agree as follows:
1. PURPOSE. It is the general purpose of this Intergovernmental Agreement
for the District to continue in the occupancy of the Premises and the management and
provision of recreational services for the inhabitants of the District and visitors of the
Town. Except as may be expressly reserved herein, this Intergovernmental Agreement
shall supersede the Prior Lease and any other agreement to which the Town and the
District are Parties with respect to the Premises, and such Prior Lease and agreements are
hereby agreed to be of no further force or effect with respect to the Town, the District and
the Premises.
{00084138.DOC / 9} 2
2. LEASE AND LICENSE OF PREMISES.
(a) Lease of Propertv. The Town hereby leases to the District and the
District leases from the Town the real estate associated with, and all improvements,
including without limitation all facilities and structures, located on, in, or under, the Golf
Course and more particularly depicted in Exhibit A attached hereto and incorporated
herein by this reference (the "Leased Property").
(b) License of Nordic Area. The Town hereby grants a revocable
license to the District to use the area generally east of Hole 14, which area is more
specifically designated in Exh_ ibit A as "Nordic License Area", for purposes of operating
snow trails for cross country skiing and other winter time activities. Such license does
not authorize the District to conduct activities unrelated to this purpose nor does it
obligate the District to take on any maintenance obligations with regard to the Nordic
License Area.
(c) Miscellaneous. The Leased Property and the Nordic License Area
are collectively referred to in this Intergovernmental Agreement as the "Premises". This
Intergovernmental Agreement does not apply to the facilities covered in the Non-Golf
Course Facilities Lease and the Vail Gymnastics Center.
3. USE OF PREMISES• PERFORMANCE STANDARDS.
(a) Use of Premises. The Premises shall be primarily used for golf and
outdoor winter recreation programs and services except as otherwise provided for herein.
Such services and programs shall be of high quality and shall be of sufficient diversity
and scope to meet the recreational needs of the inhabitants of the Town and the visitors
thereto.
(b) Performance Standards. The golf course shall be operated in a
manner comparable to or exceeding other resort-area municipal courses, including public
golf courses operated in Aspen, Breckenridge, and Steamboat. A committee composed
of District Board Members and Staff and Town Council Members and Staff (a
"Recreation Subcommittee") may be created to act as a liaison between the Parties. The
Recreation Subcommittee may promulgate from time-to-time advisory performance
criteria with regard to programming, facilities usage and other matters related to the
District's delivery of programs and services at the Premises.
4. UTILITIES. The District shall pay all charges for water, sewer, gas,
electricity, light, heat, power, telephone, video, internet or other communications services
used, rendered, or supplied upon or in connection with said Premises and shall, to the
extent permitted by law, indemnify the Town against any liability or damages on account
of such charges.
{00084138.DOC / 9} 3
5. ACCESS TO THE PREMISES. The Town and its agents shall have the
right to enter in or on the Premises to examine them and to perform maintenance, repair,
or replacement as required hereunder.
6. CHANGES TO THE PREMISES.
(a) Town's Ri~ht to Make Changes. The Town retains the right to
conduct major changes to the Premises, including without limitation additions,
reconfigurations, tear-downs or relocations at its discretion.
(b) Maintenance of Chan~ed Facilities. In the event the Town
determines to change a portion of the Premises, whether such change is minor or major (a
"major" change including -an expansion, tear-down, reconfiguration, relocation, etc.), the
Parties shall meet and revise the Master List (defined below) of maintenance
responsibilities consistent with the most recent allocation of responsibilities; provided,
however, that the District shall not be obligated to retain or accept responsibility for
maintaining, repairing, or replacing any changed item or new item if the District's
estimated cost in doing so is increased by more than 10% as a result of such change
unless such change is agreed to by the District.
(c) District Chan es to Town-Maintained Facilities. The District shall
not change any portion of the Premises for which the Town is responsible for
maintenance, repair, or replacement without its prior written approval, which approval
may include conditions.
(d) Limitation on District Changes. The District shall not make any
changes to any portion of the Premises which would adversely change the function,
access, value, and/or quality of the Premises and with work costs in excess of $100,000
(in 2008 dollars) without the written approval of the Town. All such work shall be
performed in a good and workmanlike manner.
(e) Ownership of Improvements. All new facilities or other
improvements affixed to the Premises shall, upon termination of this Intergovemmental
Agreement, unless otherwise agreed at the time the Town's written approval is obtained
or unless the Town requests removal thereof, become the property of the Town.
(f) Golf Course Plannin~ Process.
(i) The Town and the District have expressed interest in
exploring the desirability and feasibility of reconfiguring portions of the Premises,
including the Clubhouse, Maintenance Facility, and portions of the Golf Course. In the
event the Parties deternune to move forward, the Parties will cooperate in a planning
process to create preliminary design concepts and to determine feasibility and public
support. The Parties shall also cooperate by amending the Master List (defined below) as
{00084138.DOC / 9} 4
necessary to avoid wasteful maintenance, repair, or replacement of any facilities that will
be demolished. This Intergovernmental Agreement has been drafted with sufficient
flexibility so that amendments to this Intergovernmental Agreement should not be
necessary; however, in the event the Town determines an amendment is necessary, the
Parties shall cooperate to amend this Intergovernmental Agreement.
(ii) The Parties acknowledge the Americans with Disabilities Act
Settlement Agreement between the District and the U.S. Department of Justice and agree
to take steps to bring the facilities into compliance.
7. MAINTENANCE REPAIRS AND REPLACEMENT.
(a) General Maintenance Obli at~ ions. The Parties generally intend that
the Town shall contribute financial assistance to maintain, repair, and replace the
Clubhouse and Maintenance Facility mechanical systems, structural members and
systems, and exterior finish items (e.g., painting, roofing, windows, etc.), earthwork
(retaining walls and associated tee boxes), bridges, and the irrigation system in amounts,
together with funds contributed by the District as set forth herein, that are sufficient to
ensure that such items are maintained in good working order and safe condition and that
such items are properly repaired when broken or damaged and replaced when they reach
the end of their useful life. The Parties also generally intend that the Town shall not be
obligated to provide financial assistance for the maintenance, repair, and replacement of
interior finishes (painting, drywall, flooring, etc.). The remaining provisions of this
Section 7 have been agreed to in the context of this general understanding, with
specific responsibilities as set forth in the Master List (defined below) in Exhibit B,
which Exhibit may be amended from time-to-time.
(b) Specific Maintenance Obligations• Master List. The Parties shall be
responsible for maintaining, repairing, and replacing the facilities and improvements
listed in a master list attached hereto as Exhibit B and incorporated herein by reference
("Master List"), which Master List may be modified or amended from time-to-time by
acknowledgment of the Town's Town Manager and the District's Executive Director.
Where a Party is designated as responsible for maintenance, repair, replacement, etc. of a
particular facility or improvement, such Party shall perform the same at its sole cost and
expense as and when needed to preserve it in good working order and first class
condition.
(c) HVAC and Irri at~L ion System Special Provisions. The District shall
maintain adequate records to substantiate routine maintenance is being performed on
HVAC facilities and, when upgraded, the irrigation system. Failure to properly maintain
such facilities may result in responsibility for repairs and replacements, to the extent not
already placed on the District, being shifted to the District in the discretion of the Town.
The Town Director of Public Works may require periodic updates or reports on
maintenance of these facilities.
{00084138.DOC / 9} 5
(d) Damiges to Facilities. Neither Party shall be responsible for the
repair or replacement of any facilities or improvements damaged by the negligent or
willful acts or omissions (including without limitation negligent maintenance) of the
other Party or its guests, agents, employees, licensees, or invitees.
(e) Annual Cpital Facilities Assessment. On or before May lst of every
year, each Party shall submit to the other Party for its review and comment an assessment
of each of the facilities and improvements for which it is responsible under this
Intergovernmental Agreement (a "Capital Facilities Assessment" or "CFA"). Each year
the CFA shall include an evaluation of the adequacy of maintenance which has been
performed and at least a five year forecast of expected maintenance, repair, and
replacement items and an estimate of expenditures necessary to accomplish the same
consistent with the terms of this Intergovernmental Agreement. The Parties may prepare
a joint CFA if they desire. The first CFA is contained within the same spread sheet as the
Master List attached as Exhibit B hereto and incorporated herein by reference. Future
CFAs do not have to be part of the Master List spreadsheet, it being the intention of the
Parties that the CFA will be revisited and revised on an annual basis while the Master
List will not change. In connection with preparing a CFA, the Parties may jointly
recommend the acquisition, installation, and construction of new facilities or major
upgrades to existing facilities from funds in the Recreation Enhancements Funds to be
created pursuant to Section 10 hereof.
(f) Annual Maintenance Log. Each Party shall keep an annual log
setting forth actual expenditures made for maintenance, repairs, and replacements
required hereunder. Each Party shall forward a copy of such log to the other Party on or
before May 1 St of the following year.
(g) Financing of Maintenance Obli¢ations• Recreation Proiects Line
Items. Promptly upon execution of this Intergovernmental Agreement, each Party shall
take steps to institute in their respective budgets separate line items known as "Recreation
Projects Line Items" or "RPLI" for the purpose of implementing the Capital Facilities
Assessment. Subject to annual appropriation, each Party is obligated on an annual basis
to appropriate to its respective RPLI the minimum amount of funds necessary to make the
expenditures for the subsequent one-year period forecast in the five-year Capital
Facilities Assessment. While the Parties are only required to fund one year in advance,
the Parties are encouraged to use the RPLI to set aside funds for expenditures foreseeable
several years into the future. Once funds are appropriated to the RPLI, they may only be
expended on maintenance, repairs, or replacement items required to be made hereunder
or on acquisition of new facilities or improvements for the Premises. However, for
purposes of this Intergovernmental Agreement, funds appropriated to the RPLI do not
have to be reserved for or traced to the item in the Capital Facilities Assessment to which
they are related (e.g., funds identified in the RPLI in 2009 for replacement of a certain
roof in 2014 are not restricted to funding replacement of such roof). Any funds not
{00084138.DOC / 9} 6
expended in a particular year shall be re-appropriated consistent with the CFA; provided,
however, that such remaining funds shall not offset or reduce funds required to be
appropriated to the RPLI in the subsequent year. On an annual basis, each Party shall
provide the other Party with a detailed description of its appropriations to and
expenditures from its RPLI. Upon the expiration or earlier termination of this
Intergovernmental Agreement, any funds remaining in a Party's Recreation Projects Line
Items may be spent in any lawful manner, for any purpose, and without any obligation to
the other Party.
8. SURRENDER OF PREMISES. Upon the expiration or other termination
of this Intergovernmental Agreement, the District shall promptly quit and surrender to the
Town the Premises in good order and safe condition, ordinary wear excepted.
9. DISTRICT PROPERTY. All items of property purchased by the District
and not affixed to the Premises shall remain the property of the District.
10. RENT• RECREATION ENHANCEMENTS FUNDS District shall pay
Town an annual Rent in the amount of $129,000 per yeax, commencing with the Rent
payment for 2008, which Rent shall be increased annually based on increases in the U.S.
Department of Labor's Consumer Price Index for the Denver-Boulder statistical area.
Upon receipt of the 2009 Rent payment and subsequent years, the Town shall maintain
the Rent proceeds in a separate account or in a manner similar to the Recreation Projects
Line Items above, with such proceeds referred to herein as "Recreation Enhancements
Funds" or "REF". Once funds are credited to the REF, they may only be expended on
new facilities, major upgrades to existing facilities, or unforeseen costs to facilities on the
Premises; provided, however, that such funds may be spent on any Town purposes where
the Town Council has detertnined the need. The Parties intend that "new facilities" or a
"major upgrade" under this Section are (i) facilities which enhance the quality or
diversity of the public's experience of the Premises or the Leased Premises, as the case
may be, beyond the experience that would prevail if the facilities were simply being
maintained as required pursuant to this Intergovernmental Agreement (ii) and are not
mere repairs or replacements of existing capital facilities. On an annual basis, the District
may request a detailed description of revenues to and expenditures from the REF. Upon
the expiration or earlier termination of this Intergovernmental Agreement, the Town may
expend any funds remaining in the Recreation Enhancements Funds on any lawful
purpose and without any obligation to the District.
11. PASSES. As a benefit for its employees, the District shall provide the
Town with as many season golf, tennis, Nordic, and skating passes as the Town requests.
Such passes shall be non-transferable. Use of the Premises pursuant to such passes shall
be subject to all District policies, rules and regulations.
12. WATER SUPPLY. Irrigation and other water is supplied to the Premises
pursuant to various agreements and interests in water rights. The Parties do not intend for
{00084138.DOC / 9} 7
this Agreement to supersede or modify such agreements and rights, even if contained in
the Prior Lease. However, the Parties agree to cooperate in the preparation of an
inventory of water supply sources, with particular focus on supply limitations during
drought conditions. The Parties anticipate that, working with third-party water providers,
such inventory will lead to the development of a comprehensive plan to address and
mitigate, to the extent feasible, any identified water supply weaknesses.
13. PARKING. The District shall cooperate with the Town with regard to
public parking at the Premises and the Clubhouse parking lot in particular. The Town
acknowledges that the District must provide parking for golf, restaurant, Nordic and other
District purposes and parking facilities are essential. The District acknowledges the
critical shortage of winter and special events parking and agrees to continue to cooperate
in allowing the public to park at the Premises subject to reasonable reservation of spaces
necessary for use of the Golf Course. The Parties may enter into separate agreements
from time-to-time to further cooperate in the use of parking facilities.
14. PERSONNEL. The Town and the District and their respective officers,
agents, and employees shall fully cooperate so as to facilitate the performance of this
Intergovernmental Agreement. The provision of recreational services and programs as
contemplated in this Intergovernmental Agreement, and the hiring, firing, and discipline
of District employees shall be the responsibility of the District. No person employed by
the District shall have any right to Town benefits including health insurance and pension.
The District, however, may invest pension funds in the Town's pension fund subject to
such conditions as may be established by the Town and pernutted by law. The Town
shall not be liable for the payment of any salaries, wages, or other compensation to any
District personnel perfornung recreation services pursuant to this Agreement, nor for any
obligation of the District other than provided for herein. Nothing herein shall obligate the
Town to be liable for the injury or sickness of any District employee arising out of his/her
employment.
15. LIABILITY INDEMNIFICATION AND INSURANCE.
(a) District Indemnification. To the extent legally permissible and
without waiving any of the protections, requirements, and limitations of the Colorado
Governmental Immunity Act, the District shall indemnify and hold the Town, its agents,
servants and employees harmless from and against any and all liability, loss, damages,
costs and expenses, including reasonable attorney's fees and costs of investigating any
such matters, suffered or sustained by the District, its agents, servants or employees, or
by any other person rightfully on or about the Premises arising out of any act, error,
omission or negligence in the operation, maintenance or use of the Premises by the
District, its agents, servants or employees or of any occupant, subtenant, visitor or user of
any portion of the Premises, or any condition of the Premises or adjacent property;
provided that this indemnity shall not extend to damages resulting solely from the
negligence or willful misconduct of the Town, its agents, servants or employees.
{00084138.DOC / 9} 8
(b) Town Indemnification. To the extent legally permissible and
without waving any of the protections, requirements, and limitations of the Colorado
Governmental Immunity Act, the Town shall indemnify and hold the District harmless
from and against any and all liability, loss, damages, costs and expenses, including
reasonable attorney's fees arising from the negligence of the Town, its officers, agents,
employees, successors and assigns.
(c) Insurance. The District and the Town shall respectively provide
their own public liability, property damage, and errors and omissions insurance policies
sufficient to ensure against all liability, claims, and demands or any other potential
liability arising from this Agreement. Further, the District and the Town shall, subject to
the approval of each Party's insurance carrier, name the other Party as a coinsured under
such insurance policies and shall furnish evidence of the same to the other Party. By
execution of this Intergovernmental Agreement, each Party represents that it has received
satisfactory proof of payment of the other Party's insurance. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage. The District and the Town may provide
such insurance through programs of self insurance. Each Party shall procure and
continuously maintain the following minimum insurance coverages, or self insurance
capability:
(i) Workman's Compensation insurance coverage in the
statutorily prescribed amounts.
(ii) The following types of insurance coverage in the amount of
one hundred fifty thousand dollars ($150,000) per person and six hundred thousand
dollars ($600,000) per occurrence, or such limits as otherwise provided by the Colorado
Governmental Immunity Act, and one million dollars ($1,000,000) aggregate:
(1) General Liability insurance coverage. The policy shall
be applicable to all Premises and operations and shall include coverage for bodily injury,
broad form property damage, personal injury, blanket contractual, products and
completed operations.
(2) Comprehensive Automobile Liability insurance
coverage with respect to each of the Parties' owned, hired or non-owned vehicles used in
the performance of this Agreement.
(3) Errors and Omissions insurance coverage.
(4) Liquor Liability insurance coverage if the District
obtains a liquor license to serve wine, beer, or intoxicating liquors.
{00084138.DOC / 9} 9
16. EFFECTIVE DATE. This Intergovernmental Agreement shall become
effective on the date set forth at the beginning of this document.
17. DEFAULT.
(a) General. In the event a Party fails to perform any of its non-
monetary obligations (a "non-monetary default") hereunder after 30 days written notice
or a Party fails to perform any of its monetary obligations (a "monetary default") after
five days written notice, then such Party shall be in default under this Intergovernmental
Agreement, and the non-breaching Party shall be entitled to exercise any and all rights
provided for by law, including without limitation termination of this Intergovernmental
Agreement. However, no failure to perform an obligation shall be deemed a default for
so long as
(i) The breaching Party is using its reasonable efforts to cure a
non-monetary obligation which cannot reasonably be cured within the 30 day period
referenced in Section 17(a) above;
(ii) The breaching Party disputes that it has failed to perform an
obligation and either Party determines to mediate the dispute. If a Party determines to
mediate, it must provide written notice to the other Party within the applicable notice
period referenced in Section 17(a) above of such determination. Upon delivery of such
notice, the applicable notice period shall be tolled effective as of the date of the notice
and the Parties shall proceed to mediate the issue; provided, however, that the notice
period shall be tolled only for so long as the mediation process is actively being pursued
and, in any event, the tolling period shall last no longer than six months from the date of
the initial notice of non-performance. The Party requesting mediation shall pay the costs
of the mediation, except for any attorneys fees incurred by the other Party in connection
with the mediation; or
(iii) A Party is unsatisfied with the results of the mediation
proceedings referenced above and provides notice, prior to the lapsing of the notice
period referenced in Section 17(a) above (which period may be tolled pursuant to Section
17(a)(ii) above), to the other Party of its intent to have the dispute subject to non-binding
arbitration. In such event, the Parties shall submit the matter to non-binding arbitration
and the notice period referenced in Section 17(a) above will again be tolled. However,
the notice period shall be tolled only for so long as the arbitration process is actively
being pursued and, in any event the tolling period shall last no longer than nine months
from the date of the initial notice of non-performance. The Party requesting arbitration
shall pay the costs of the arbitration, except for any attorneys fees incurred by the other
Party in connection with the mediation.
(b) In the event of a re-occurring non-monetary default or a re-occurring
monetary default, the defaulting Party shall only have 48 hours after written notice is
{00084138.DOC / 9} 10
made to perform such obligations before such Party shall be in default and the mediation
and arbitration provisions of this Section shall be inapplicable and of no effect.
(c) Limitation of Damages; Remedies Cumulative. Neither Party is
entitled to incidental, consequential or exemplary damages as a result of the default of the
other Party. All rights and remedies herein enumerated shall be cumulative, and none
shall exclude any other remedies allowed at law or in equity.
18. TERMINATION.
(a) Unless sooner terminated as provided for herein, this
Intergovernmental Agreement shall ternunate at noon ten years from the date set forth at
the beginning of this document (the "Temunation Date"); provided, however, that this
Intergovernmental Agreement shall automatically renew for up to two successive ten year
terms unless either Party provides the other Party with written notice of its decision to not
renew this Intergovernmental Agreement no later than one year in advance of the
Termination Date.
(b) Upon expiration or earlier termination of this Intergovernmental
Agreement, the District's right to use the Premises and all improvements thereon shall
cease as provided for herein.
(c) Upon termination of this Intergovernmental Agreement, both Parties
shall have no further obligations of any kind or nature, except those that specifically
survive termination.
19. MISCELLANEOUS PROVISIONS.
(a) Amendments, Modifications and Waivers. No amendment,
modification, or waiver of any covenant, condition, or provision hereunder shall be valid
unless in writing and duly executed by the Party to be charged therewith.
(b) Entire Agreement. This written Intergovernmental Agreement
embodies the whole agreement between the Parties hereto and any inducements,
promises, terms, representations, conditions, or obligations made or entered into either by
the Town or the District not contained herein are void and of no force or effect.
(c) Binding Agreement. This Intergovernmental Agreement shall be
binding upon the respective Parties, their successors or assigns.
(d) Severabilitv. All promises and covenants herein are severable, and
in the event that any of them shall be held invalid by a court of competent jurisdiction,
this Intergovernmental Agreement shall be interpreted as if such invalid provision or
covenant were not contained herein.
{00084138.DOC / 9} 1 1
(e) Authoritxto Enter. The District and the Town have represented to
each other that each possesses the legal ability to enter into this Intergovemmental
Agreement. In the event that a court of competent jurisdiction deternunes that either of
the Parties did not possess the legal ability to enter into this Intergovernmental
Agreement, this Intergovernmental Agreement shall be voidable by the other Party.
( fl Notice. Any notices to be sent to the Parties pwsuant to the terms of
this Intergovernmental Agreement shall be considered made the day it is mailed via
certified or registered mail to the following addresses:
Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81658
Executive Director
Vail Park and Recreation District 700 South Frontage Road East
Vail, CO 81657
(g) No Third Party Rights. This Intergovernmental Agreement shall not
be deemed to confer or grant to any third Party any right to claim damages or bring any
legal action or claim against either the District or the Town because of any breach hereof
or any covenant, condition, or provision contained herein.
(h) Snecific Enforcement. In addition to any other remedies available to
the Parties in law or equity upon breach, this Intergovernmental Agreement shall be
subject to specific enforcement.
(i) Assignment; Sublease. This Intergovernmental Agreement shall be
non-assignable and the District shall not mortgage or encumber any of the facilities set
forth herein or pledge any interest under this Intergovernmental Agreement as security in
a financing transaction without the prior written consent of the Town in each instance.
However, the District may sublease or license portions of the Premises for purposes
which further the District's provision of park and recreation services to the public, which
purposes include without limitation concession services, food and beverage services,
performances, sleigh rides, and other amenities; provided, however, that any such
sublease or license shall not have a term exceeding three years without the written
consent of the Town.
(j) Obligations Subject to Annual Appropriation. The obligations of the
Town and the obligations of the District hereunder are subject to the annual appropriation
of funds necessary for the performance of such obligations by the Town's Town Council
100084138.DOC / 9} 12
and the District's Board of Directors, respectively, which appropriations shall be made in
the sole discretion of such bodies.
(k) Section Headings. The section headings in this Intergovernmental
Agreement are inserted for convenience and are not intended to indicate completely or
accurately the contents of the Sections they introduce, and shall have no bearing on the
construction of the Sections they introduce.
(1) Time of the Essence. All the time limits and requirements stated in
this Intergovernmental Agreement are of the essence of this Intergovernmental
Agreement.
(m) Duplicate Original. This Intergovernmental Agreement may be
executed in two or more counterparts, each of which shall be an original, but all of which
together shall constitute one and the same instrument.
(n) Compliance with All Laws and Regulations. The District agrees not
to use or permit the Premises to be used for any purpose or in any fashion prohibited by
the laws of the United States, or the State of Colorado, or the ordinances or regulations of
the Town.
(o) Additional Assurances. The Parties agree to reasonably cooperate to
execute any additional documents and to take any additional action as may be reasonably
necessary to carry out the purposes of this Agreement.
IN WITNESS WHEREOF, the Town and the District have executed this
Intergovernmental Agreement as of the date first set forth above.
TOWN OF VAIL, a Colorado municipal
corporation
By:
Attest:
Secretary
VAIL PARK AND RECREATION
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado
100084138.DOC / 9} 13
By:
Attest: Secretary
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day
of , 20 , by as of the Town
of Vail Park, a Colorado municipal corporation. .
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and swom to before me this day
of , 20 , by as of Vail
Park and Recreation District, a quasi-municipal corporation and political subdivision of
the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
{00084138.DOC / 9} 14
EXHIBIT A
DESCRIPTION OF PREMISES
{00084138.DOC / 9}
EXHIBIT B
MAINTENANCE RESPONSIBILITIES MASTER LIST AND INITIAL CAPITAL
FACILITIES ASSESSMENT
(Attached - 3 Pages)
Attachment Acknowledged By:
Town of Vail Vail Park and Recreation District
Town Ma.nager Executive Director
Date: Date:
100084138.DOC / 9}
APPENDIX 1
TO
TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT
INTERGOVERNMENTAL AGREEMENT
CAPITAL FACILITIES COMPLIANCE "CHEAT SHEET"
1. Annual Transfer of Funds to Recreation Projects Line Items Made on
in the amount of $
2. Capital Facilities Assessment Required to Be Furnished on June 1 of each
year.
3. Forward Annual Maintenance Log to the Other Party by April 1 of each
year.
4. Annually Provide the Other Party with a Detailed Description of its
Contributions to and Expenditures from its Recreation Projects Line Items.
5. Make recommendation with regard to funds held in Recreation
Enhancements Funds.
{00084138.DOC / 91
Exhibit A
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Boundary of Premises 0 325 sso Feet
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EXHIBIT B
MAINTENANCE RESPONSIBILITIES MASTER LIST AND INITIAL CAPITAL
FACILITIES ASSESSMENT
(Attached - 3 Pages)
Attachment Acknowledged By:
Town of Vail Vail Park and Recreation District
Town Manager Executive Director
Date: Date:
{00084138.DOC / 9}
Exhibit B
VRD/TOV
SUMMARY OF ESTIMATED VAIL GOLF CLUB FACILITIES CAPITAL MAINTENANCE AND REPLACEMENT COSTS
Average Per
Year 7hereafter
Summary pescription Code 2007 8 2008 2009 2010 2011 2012 TotalThru 2012 (2073-2026)
Gplf Course Capifal - See Detail By Corresponding Summary and Color Code on Following Pages:
100% TOWN RESPONSIBILITIES: -
GiwMr1bfwwe 70V T!• 'T0,01E 4.~2 - 2,912 83.312 21.251
100°k VRD RESPONSIBILITIES: ~8 9s5 52,393 8,613 150,675 '~.~`Z
Clubhouse 8 SYdrter ShaCk- VRD D-1 68,403 4100 - ~
GoM AAantenanCB HW9- i Q-52 : 772
Course 11amt-1FtD 243.733 47 752 39.970 4i.999
50150 SPLIT ITEMS: 525,000 '
ADA- Elevator 3 Restrooms 31 - 325.000 - ~
Regfning WaMs S-3 - 405.198 - - - 405.198 7,237
Bridges S-4 - 324,220 - 52.643 23,725 400.588 11,478
-
Total Items Sp11t 60160 4.569,480 52,643 167,085 4,789,187 91,671
Total Golf Course Capltal 312,136 5,315,438 76,789 125,052 206,365 6,035,780 275,040
Total TOV ResponsibiNty - Irtigation System - 1,607,522 - - - 1,607,522 17.974
TotaITOVResponsibility - OtherGdf 1,368,383 15,682 34,639 86,454 1,505,159 67,630
Total TOV RecponslWllty- Golt 2,975,905 15,682 34,639 86,454 3,112,680 52% 85,604 31%
1,607.522 - - 1,607,522 17.974
Total VRD Responsibihty - Irtiga6on Syatem
ToW VRD Responsiblity - Other Gol( 312,136 732,011 61,107 90 413 119,911 1,315,578 171,462
Total VRD Responsibility- Golf 312,136 2,339,533 61,107 90,413 119,211 2,923,100 48% 169,436 690,6
EXHIBIT B PAGE 1
.
Exhibit B
VRD/TOV
SUMMARY OF ESTIMATED VAIL GOLF CLUB FACILI7IES CAPITAL MAINTENANCE AND REPLACEMENT COSTS
AVSraps Per
V"t -
8ummary
D-riptlon Coda Town RstportNDOty VRD R[sponNbWly 210T 7691 26D! TBfO !Mf 1ef? ToWTlru 10f2 (YBf1tBtfp
U21'..lu6tmuss-:wsuaStr4t 0-1 NmK N WAOO "
W-~~1~M~ouse-SsnNfli fn0ercaAd 41 Noiro N TA00 7.000
OFi+nY i.N SbrN- Vlds -A fwi9~ P5 Nqw M 9.b50 G.YA 3a67
D1PGdf Carl Sb-P Fbo, 67 Mon~ A1 z.162 5= 1.964
10.023 10.027 2052
D11CIWroufeMloAwW~isaMCiiqi dt Nan. N
D72tIUMws~fbo~9 bt Na» N 1.456 3B.Yi5 41.451 1.424
D14C4ahwsO MSmrFuMClw0 61 Nme N
D15-ChMawqidwn PI Non~ N 7.17! 7.1~0 20~326
016CYMawWtiariEOOn~ 6/ Nan~ N 20l7
D17-GU6hwt* .60Ypu~Mis 6t Na» N SA00 S.OOD t.OQ!
D18~CM8hous~ - Ph~aEop 61 IN 1& diYn b Weu~ M~D Yskar UNns Yo b 9~aM hD 10.00G 20,000
D1iGltluru~ Eile',FwMh" 61 No- Ali 5,297 5.37 554
Vi!-CN~MOUx Ocrnnsnc ~M! WNn MeMe, P1 ^aw 50'50 LpM 50'SC 4.100 4.100 57T
'
~/15-~:qQ~w~~:aeNuiMM~pEafoLYtwWS SY1 NEY~NWWaucan. RatawaM~+M SA~ $
:~kMice~W Mm:_ q[,- E-mc, SnY SOKO P. Ayr-»+n ; A SW50 Prtr AJ-rrord 215.000 225:OD0 -
~noRrxw N..r. nriA E*sveROr i. ~ soM so~so w, ~~au~ svM 50,50 vr A,-n+m?nl 225.000 225.0o0
029~Mbh- lO 330or1 qmq.s b1 SpM 5D30 Spll 59/50 785fl 7A5t1 431
D2!-$NfM ShaQC 8ui0up E11vNOpi 61 NOm N S.lOp 6At3 1241J 9,272
p?Pg~sno.cn.r+in1.~a. n, Nm. 11 '..Sr~
em
C*WWeI D? tAai° A~
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EXNIBIT B PAGE 2
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EXHtB1T 8 PAGE J
.t~~
APPENDIX 1
TO
TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT
INTERGOVERNMENTAL AGREEMENT
CAPITAL FACILITIES COMPLIANCE "CHEAT SHEET"
1. Annual Transfer of Funds to Recreation Projects Line Items Made on
in the amount of $
2. Capital Facilities Assessment Required to Be Furnished on June 1 of each
year.
3. Forward Annual Maintenance Log to the Other Party by April 1 of each
year.
4. Annually Provide the Other Party with a Detailed Description of its
Contributions to and Expenditures from its Recreation Projects Line Items.
5. Make recommendation with regard to funds held in Recreation
Enhancements Funds.
(00084138.DOC / 9)
RESOLUTION NO. 15
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE SUMMIT COUNTY GOVERNMENT FOR
THE PROVISION OF EMERGENCY DISPATCH SERVICES STAFFING; 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 Town and Summit County Government (the "County") desire to
enter into intergovernmental agreement for the Town's provision of extra-duty
dispatching staff to the County and subject to the terms set forth in the attached Exhibit
A; and
WHEREAS, the Town and the County each maintain and operate radio
communications systems for the transmission and dispatching of inessages relating to
fire and/or police protection and other pubtic safety services; and
WHEREAS, the County is currently in need of additional emergency dispatching
staff at the Summit County Communication Center.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
1. The Intergovernmental Agreement for the Provision of Emergency Dispatch
Service Staffing, attached as Exhibit A hereto and incorporated herein by this
reference, is approved by the Council.
2. The Town Manager is hereby authorized to execute and deliver, on behalf of
the Town, the Intergovernmental Agreement in substantially the same form
as approved by the Council.
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 5th day of August, 2008.
~
Dick Cleve and, To n Mayor
ATT S :
, ~pWN
rel Donaldson, Town Cler ? , v9 :f
, j .
. ~
• 1
• r
i
Resolution No. 15, Series 2008
, .
i
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
This Intergovernmental IGA for the Provision of Emergency Dispatch Services
Staffing (referred to hereafter as the "IGA") is made and entered on this day of
, 2008 by and between the TOWN OF VAIL, a Municipal Corporation (the
"Town") and SUMMIT COIJNTY GOVERNMENT, a political subdivision of the State
of Colorado, on behalf of its Summit County Communications Center (the "County").
Town and County shall be referred to herein together as the Parties.
WITNESSETH
WHEREAS, the Parties each maintain and operate radio communications
systems for the transmission and dispatching of inessages relating to fire and/or police
protection and other public safety services; and
WHEREAS, the County is currently in need of additional emergency dispatching
staff at the Summit County Communication Center; and
WHEREAS, the Parties are authorized to enter into intergovernmental
agreements pursuant to C.R.S. § 29-1-203; and
WHEREAS, the Parties desire to enter into an intergovernmental agreement for
the Town's provision of extra-duty dispatching staff to the County; and
WHEREAS, the interests of the public are best served by the Parties entering into
an intergovernmental agreement for the Town's provision of extra-duty dispatching staff
to the County.
NOW, THEREFORE, in consideration of the mutual benefits that will inure to
the public and the Parties, and the mutual covenants, agreements and promises set forth
hereinafter, the Parties hereto agree as follows:
1. Obliiations of Town. Town will assign to County, upon County's request and on
an as-available basis, one or more of Town's qualified dispatch employees to provide
dispatch services for the County at County's Summit County Communications Center.
The sole responsibility of Town employee(s) while assigned to County shall be to
provide usual dispatch services in accordance with all applicable professional standards,
including answering 9-1-1 emergency phone calls, answering non-emergency phone
calls, and providing resource assignment and monitoring of law, fire, and medical units.
2. Obligations of Countv. County shall make requests for assignment of Town
dispatch employee(s) at least seventy-two (72) hours in advance of the time of
.
assignment. County requests for assignment of Town dispatch employees shall be made
by the County Communications Director to the Town's Communications Director, or
, their respective designees. The County may cancel the assignment of a dispatch
employee only on a minimum of three (3) hours notice. The County is responsible for a
two (2) hour minimum assignment.
3• Comuensation The County will compensate the Town at the rate of $37.00 per
hour per dispatch employee. In addition, should the shift last longer than originally
scheduled, or circumstances require the dispatch employee to stay on site later than
originally scheduled, the County is responsible for such additional compensation. Each
Town employee assigned to the County shall maintain a time record in the form of
Exhibit "A", which time record shall be completed and initialed by the employee at the
end of the shift, and presented to the Summit County Communications Department
Director ("County Director"), or his designee, for review and monthly billing. The
County Director shall prepare a monthly invoice for Town dispatch employee hours and
present the invoice to County Finance Department. Invoices shall be paid to Town
within thirty (30) days of the date they are received by the County Finance Department
and a copy of the invoice shall be included with the monthly payments to Town.
4. Eme~y Availabilitv Any Town dispatch employee shall, at a11 times while
assigned as provided in Paragraph 1, be available to respond to any incident occurring
, within Eagle County which, the Vail Communications Director (or his designee)
, deteimines in his/her sole discretion, to be an emergency. In the event of such an
, emergency response, the dispatch employee shall, if so requested, promptly return to the
premises of the County after cessation of the emergency.
5. Relationshin of Employee Town dispatch employees assigned to County, as
' provided in Paragraph 1, shall at all times remain in the employment of the Town acting
within the performance of his/her duties and the scope of his/her employment with the
Town.
6• Release of Liability - Insurance To the extent allowed by law, the County, on
behalf of itself, its officers, and its employees, hereby releases the Town and its officers
and employees from and waives any and all liability, claims, and demands for damages of
whatsoever nature, including without limitation claims arising from bodily injury,
personal injury, property loss or damage, which arise out of this IGA, or are in any
manner connected with this IGA. To the extent allowed by law, the County further
agrees to indemnify, defend, and hold harmless the Town, its officers, and its employees
for any uninsured or deductible costs, including without limitation the cost of any
judgment or settlement and the costs of defense including attorney's fees, incurred by the
Town, its officers, or its employees in connection with any claims of third parties against
the Town, its officers, or its employees which arise out of or are in any manner connected
with this IGA. The Town agrees that so long as this IGA is in effect it will maintain
general liability insurance.
~
7. Term and Termination of IGA. This IGA is effective as of the date first written
above and shall remain in effect until such time as either Party, on ten days notice, has
terminated it.
8. Notice. Notices given and invoices submitted by the parties hereunder shall be in
writing and delivered to the appropriate below stated address by hand, certified or regular
U.S. Mail. Either party may from time to time designate in writing substitute addresses or
persons to whom such notices shall be sent.
Jack Benson, Director Joe Ribeiro, Director
Summit County Communications Dept. Town of Vail Communications Dept.
P.O. Box 4188 75 S. Frontage Road West
0227 C.R. 1003 Vail, CO. 81657
Frisco, CO 80443
9. General Terms and Provisions.
A. Independent Contractor. Town dispatch employees assigned to work for County
hereunder are not employees of the County. Town dispatch employees assigned to
work for County hereunder are not entitled to worker's compensation benefits or
unemployment insurance benefits unless paid for by Town and Town is obligated
to pay federal (including social security) and state income tax on any monies
earned pursuant to this contract relationship. Town is responsible for complying
with all employment laws and insurance laws relating to its own employees.
B. Governmental Immunitv. Nothing in this IGA shall be construed against any
party hereto as a waiver of the limitations on damages, or as a waiver of the
privileges, immunities, or defenses provided to, or enjoyed by, any of the Parties
under common law or pursuant to statue including, but not limited to, the
Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. and
Sections 24-32-2604, et seq., C.R.S.
C. Worker Compensations and Pension Benefits. Pursuant to Sections 29-5-109 and
29-5-110, C.R.S., and this IGA, if any personnel of a Town dispatch employee
assigned to work for County hereunder is injured, disabled, or dies outside the
Town's jurisdiction as a result of performing services, said individual shall remain
covered by Town, and eligible for Town workers' compensation and pension
benefits, including disability, death, and survivor benefits, to which the individual
would otherwise be entitled if the injury, disability, or death had occurred with the
Town's jurisdictional boundaries.
D. Prior Ag[eements. The terms of this IGA shall supersede the terms of any pre-
existing agreements between Town and County regarding assignment of Town
dispatch employees to work for County. This IGA shall not affect or supersede
any other agreements, including mutual aid agreements between SCHMT
members except as such agreements relate to assignment of Town dispatch
employees to work for County.
E. Amendment. This IGA may be amended from time to time by written IGA duly
authorized by all the parties to this IGA. No modification or waiver of this IGA
~
~ . ;
or any covenant, condition or provision contained herein shall be valid unless in
writing and duly executed by all parties.
F. Authorization. The signatories to this IGA affirm and warrant that they are filly
authorized to enter into and execute this IGA.
G. Whole IGA. This IGA embodies the whole agreement between the Parties
regarding assignment of Town dispatch employees to work for County, and there
are no inducements, promises, terms, conditions or other obligations made or
entered into by the Parties other than those contained herein.
H. Successors and Assi~ns. This IGA shall be binding upon the Parties hereto, their
respective successors or assigns. Neither Party may assign, delegate, sublease,
pledge, or otherwise transfer any rights, benefits, or obligations under this IGA to
any party without the prior written consent of the non assigning party.
1. Appropriation of Funds/ Multi-Year Contracts. Payment pursuant to this IGA,
whether in whole or in part, is subject to and contingent upon the continuing
availability of each of the Party's funds for purposes hereof. In the event that said
funds, or any part thereof, become unavailable as determined by a Party, the Party
may immediately terminate this IGA. The obligations of the Parties hereunder shall
not constitute a general obligation indebtedness or multiple year direct or indirect
debt or other financial obligation whatsoever within the meaning of the Constitution
or laws of the State of Colorado.
J. Severabilitv. All agreements, covenants and terms contained herein are severable,
and in the event that any such agreement, covenant, or term is held invalid, by a
court of competent jurisdiction, this IGA shall be interpreted as if such invalid
IGA, covenant, or term were not contained herein.
K. Applicable Law. At all times during the performance of this IGA, the Partie s
herein shall strictly adhere to all applicable federal, state and local laws, rules, and
regulations that have been or may hereafter be established. All work and services
performed under this IGA shall comply with federal, state and local laws, rules
and regulations. This IGA shall be interpreted in all respects in accordance with
the laws of the State of Colorado.
L. No Benefit to Inure to Third Parties. This IGA does not and shall not be deemed
to confer upon or grant to any third party any right to claim damages or bring any
lawsuit, action or other proceedings against either Party because of any breach
hereof, or because of any terms, covenants, agreements or conditions contained
herein.
M. Countemarts. This IGA may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
„ . :
i
IN WITNESS WHEREOF, this IGA is executed and entered into on the day and year
first written above.
TOWN OF VAIL BOARD OF COUNTY
COMMISSIONERS OF
gy SUMMIT COUNTY, COLORADO
Stan Zemler, Town Manager
By
Gary Martinez, County Manager
(AFFIX TOWN SEAL HERE)
ATTESTS:
Lorelei Donaldson
Town Clerk
` .
r
EXHIBIT "A"
AGREEMENT FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
the County:
ADDRESS:
CONTACT:
CONTACT
DATE WORKED HOURS WORKED
DISPATCHER:
SIGNATURE:
RESOLUTION NO. 16
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO
DEPARTMENT OF TRANSPORTATION REGARDING A FIBER AND
INTELLIGENT TRANSPORTATION SYSTEM EQUIPMENT INSTALLATION
ON INTERSTATE 70 AND RESPONSIBILITIES OF BOTH PARTIES; 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, as part of the Interstate 70 (I-70) West Corridor Management
Project, which was completed in 2006, Colorado Department of Transportation
(CDOT) deployed a fiber optic backbone communications network from Denver
west through the Eisenhower Johnson Memorial Tunnels to the Frisco Exit. This
completed a permanent Center-to-Center (C2C) connection befinreen the
Colorado Transportation Management Center (CTMC), which is located in
Golden, and the Eisenhower Johnson Tunnel Management Center. CDOT also
installed necessary computer and networking equipment to operate its fiber optic
network, and to communicate with and control Intelligent Transportation System
(ITS) devices such as cameras, dynamic message signs, weather stations, travel
time/speed indicators, etc., from the CTMC.; and
WHEREAS, CDOT is currently continuing with the deployment of the fiber
optic communications backbone from the Frisco exit (approximate Mile Point
199) to the west side of Vail Pass (approximate Mile Point 182); and
WHEREAS, the Town's desire to upgrade local communications along a
segment of I-70 from the referenced end point on the west side of Vail Pass
(approximate Mile Point 182) to the West Vail Interchange (approximate Mile
Point 173) which would extend the Project an additional nine (9) miles to the
west. This additional nine (9) mile segment shall be referred to in this Agreement
as "the Project Extension". The actual project length of the Project Extension will
be as determined by the amount of funding the Town is able to secure, however
the Project Extension shall be at least to Mile Point 177.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Resolution No. 16, Series 2008
Section 1. The Council hereby approves the IGA and authorizes the
Town Manager to execute the IGA on behalf of the Town, in substantially
the same form as attached hereto as Exhibit A and in a form approved by
the Town Attorney.
Section 2. Approval of this resolution is expressly conditioned upon
Eagle County, Colorado government reimbursing the Town its pro rata
share for the cost of the number of fiber strands which the County obtains
through the Town's agreement with CDOT.
Section 3. This resolution shall take effect immediately upon its
passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
August, 2008.
~ ; ~
, Richard Clevela
1~Town Mayor
.
ATT T:
orel i Donal son,
To Clerk
Resolution No. 16, Series 2008
INTERGOVERNMENTAL AGREEMENT
REGARDING A FIBER AND INTELLIGENT TRANSPORTATION SYSTEM
EQUIPMENT INSTALLATION ON INTERSTATE 70 AND
RESPONSIBILITIES OF BOTH PARTIES THERETO
THIS AGREEMENT is made this day of , 2008, by and between the
STATE OF COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as CDOT,
and the TOWN OF VAIL, a Colorado municipal corporation, hereinafter referred to as the "Town".
CDOT and the Town also may be hereinafter referred to individually as the "Party" or jointly as the
"Parties".
I. FACTUAL RECITALS
1. The CDOT Intelligent Transportation System (ITS) Strategic Plan identifies deployment of ITS
enabling infrastructure and statewide traveler information systems as fundamental strategic goals.
ITS enabling infrastructure is defined as improving and enhancing the functionality of the CDOT
Transportation Management Centers and ensuring integration among them, deployment of fiber
optic backbone communications and related equipment and connection of existing and deployed
devices to the fiber optic backbone.
2. Interstate highways and freeways serve the highest volumes of traffic and carry a significant portion
of the longer intraregional and interregional trips. Interstate highways and freeways are affected by
many of the critical transportation problems that have been identified in Colorado including;
reoccurring and increasing congestion, adverse weather, incidents, event venues and activity
centers, major construction, and daily construction and maintenance activities. Implementation of
real-time data collection and travel information dissemination elements combined with high-speed
communications facilities will provide transportation facilities managers with timely information on
current conditions and better tools for controlling flow and managing construction, weather and
accident incidents, and special events.
3. As part of the Interstate 70 (I-70) West Corridor Management Project, which was completed in
2006, CDOT deployed a fiber optic backbone communications network from Denver west through
the Eisenhower Johnson Memorial Tunnels to the Frisco Exit. This completed a permanent Center-
to-Center (C2C) connection between the Colorado Transportation 1Vlanagement Center (CTMC),
which is located in Golden, and the Eisenhower Johnson Tunnel Management Center. CDOT also
1
installed necessary computer and networking equipment to operate its fiber optic network, and to
communicate with and control ITS devices such as cameras, dynamic message signs, weather
stations, travel time/speed indicators, etc., from the CTMC. This, in conjunction with connection of
existing and future ITS devices in the corridor, significantly expands, enhances and improves
traveler information, incident response, traffic management systems and pass management
technologies within the I-70 corridor.
4. CDOT is currently continuing with the deployment of the fiber optic communications backbone
from the Frisco exit (approximate Mile Point 199) to the west side of Vail Pass (approximate Mile
Point 182), and to perform this deployment has established CDOT Project CM 0702-274 16272
"the Project". In conjunction with this Project deployment, the Town approached CDOT regarding
the Town's desire to upgrade local communications along a segment of I-70 from the referenced
end point on the west side of Vail Pass (approximate Mile Point 182) to the West Vail Interchange
(approximate Mile Point 173) - a distance of approximately nine (9) miles, which would extend the
Project an additional nine (9) miles to the west. This additional nine (9) mile segment shall be
referred to in this Agreement as "the Project Extension". The actual project length of the Project
Extension will be as detertnined by the amount of funding the Town is able to secure, however the
Project Extension shall be at least to the Vail Interchange (approximate Mile Point 176).
5. CDOT and the Town believe that both Parties will receive significant benefit from this Project
Extension to implement an additional nine miles of communications and ITS infrastructure
extending to the West Vail interchange. Furthermore, CDOT and the Town desire to enter into this
partnership pursuant to Sections 29-1-203 C.R.S., as amended, in order to cooperate and to jointly
accomplish activities that, although could be performed separately by each Party, will maacimize
limited public resources and provide enhanced benefit, functionality and economy of scale to each
Party, and will accomplish the Project Extension in an effective and efficient manner.
6. CDOT and the Town recognize and agree that there are certain general agreed upon construction
processes and procedures, which are necessary with respect to the division of roles and
responsibilities for accomplishing the Project Extension. Such general processes and procedures
and roles and responsibilities are identified in the following Sections of this Agreement.
2
7. This Agreement is executed by CDOT under the authority of Sections 29-1-203, 43-1-105, and 43-
1-116 C.R.S., as amended, and by the Town under the authority of the Town Resolution attached
hereto as Appendix A.
NOW, THEREFORE, it is hereby agreed that,
II. GENERAL PROVISIONS
1. The implementation and deployment activities identified in this Agreement will take place without
monetary exchange between the primary Parties.
2. Within the Project Extension limits the fiber optic infrastructure including, but not limited to,
conduit, Fiber Optic Backbone, Lateral Fiber Optic Cable and the Lateral Fiber Optic Cable from
the Fiber Optic Backbone to the Town Communications Center, manholes, pull boxes, connectors
and ancillary hardware directly related to fiber optic installation and function and three (3) CCTV
cameras shall be referred to in this Agreement as "the CDOT Facility".
3. Within the Project limits from Mile Point 190 to Mile Point 182 and within the entire Project
Extension limits one (1) buffer tube consisting of twelve (12) fiber strands, pull boxes, connectors
and ancillary hardware directly related to fiber optic installation and function shall be refereed to in
this Agreement as "the Town Facility".
4. Upon Project completion, which shall be defined as acceptance of the Project Extension by the
CDOT Project Engineer, the Town shall transfer ownership to CDOT, without any cost at all to
CDOT, all infrastructure included in the CDOT Facility. This signed Agreement, together with
CDOT acceptance of the Project Extension, shall serve as the Town's grant of ownership to CDOT.
In addition, as part of this Agreement, and upon Project completion, the Town shall assign all of its
rights to and in the CDOT Facility to CDOT.
5. Each Party recognizes and acknowledges that, from time to time, due to highway and/or
transportation projects in the CDOT Right-of-Way (CDOT ROW), it may become necessary to
relocate either a portion, or all, of the infrastructure installed as part of the Project and the Project
Extension. Each Party agrees that should such relocation become necessary, the respective party
shall be solely responsible for any and a11 duties and costs associated with the relocation of its
3
respective Facility.
6. Each Party recognizes and acknowledges that the use of its respective Facility is only for
governmental purposes in accordance with the terms and conditions of this Agreement. Each Party
agrees that it shall not enter into any separate or subsequent agreement to provide infrastructure,
services or access to its respective Facility to any private sector or for profit entity. Furthermore, the
Town and CDOT agree to the following:
a. The Town agrees to not utilize the Town Facility installed by the Project and the Project
Extension within CDOT ROW for the purpose of providing commercial telecommunications
services.
b. CDOT understands that the Town may desire to negotiate lease agreements that grant the right
to pass data over the Town Facility with public sector agencies for purposes of reducing costs
and partnering with such public sector agencies. CDOT hereby consents to such leases
agreements and will make a good faith effort not to infringe on any lease agreement between
the Town and the public sector agency provided that; prior to the Town entering into any lease
agreement with any of the public sector agencies, the Town shall execute a written agreement
with such public agency that requires that such public sector agency, and to which such public
agency agrees, to be bound by all applicable terms and conditions in this Agreement. CDOT
reserves the right to review such agreements and the Town agrees to make any and all
agreement(s) available upon CDOT's request.
III. ITS INFRASTRUCTURE DEFINITIONS
The following definitions pertain to the ITS infrastructure and equipment installed or planned to be
installed in the Proj ect Extension.
a. Camera Cameleon software - A software application that specifically provides command and
control functionality for the Panasonic Closed Circuit Television (CCTV) network. CDOT
procured a statewide license and maintains the annual maintenance agreement with the vendor.
b. CCTV - Closed Circuit Television Camera, with the circuit being defined as the fiber optic
ring. This device allows jurisdictions to view the roadway network conditions near the
locations of deployment.
4
c. Colorado Transportation Management System (CTMS) software - The CTMS software is used
to operate and control the CDOT dynamic message signs (DMS).
d. Fiber Optic Backbone - Fiber optic cable installed on Interstate Highway right-of-way for the
purposes of providing a high-speed communications infrastructure in the I-70 corridor, and in
order to connect equipment and field devices, to collect and disseminate traveler information,
and for command and control of the equipment and field devices.
e. Fiber Optic Ring - The combination of the Fiber Optic backbone and the Lateral Fiber Optic
cable deployed to provide system connectivity.
f. JMUX - Electronic end device that allows data to be shared across jurisdictions and transmitted
to and from cities, counties, towns, CDOT and other agencies along the Fiber Optic Ring.
g. Lateral Fiber Optic Cable - Single mode fiber optic cable, usually 6, 12 or 24 strands, that
physically connects a field device or control center facility to the Fiber Optic backbone. The
Lateral Fiber Optic Cable is located both on CDOT ROW and on the Town Right-of-Way
(Town ROVV).
IV. ROLES AND RESPONSIBILITIES OF CDOT
With respect to the Project Extension, CDOT sha11 perform, and shall be responsible for, the
following functions:
a. Prepare Project Extension construction plans "the Plans" and specifications for the proposed
fiber optic network (Fiber Optic Backbone and Lateral Fiber Optic Cable) from the previous
Project end point on the west side of Vail Pass (approximate Mile Point 182) to the West Vail
Interchange (approximate Mile Point 173).
b. Provide oversight and inspection of the Project Extension construction work, records, and all
other related activities to ensure that all applicable federal and state statutes, regulations,
standards, plans, specifications and procedures are satisfied. Also, provide technical assistance,
if necessary, to help the Town to reconcile contractor billings and payments, for which the
5
Town is solely responsible, to ensure that such billings and payments are accurate and
complete.
c. Furnish three (3) CCTV cameras to the Town for deployment by the Town forces within the
Town jurisdictional limits. Specific placement of the three CCTV cameras shall be mutually
agreed to between the parties. CDOT shall provide power for the CCTV cameras as long as
this Agreement is in existence. Although the CCTV cameras shall be installed and initially
maintained by the Town, CDOT will take over maintenance of these CCTV cameras after the
CDOT Facility installed and accepted by the CDOT Proj ect Engineer and the CCTV cameras
are connected thereto.
d. Provide the Town, within the Project and the Project Extension limits, one (1) buffer tube
within the Fiber Optic Backbone consisting of twelve (12) fiber optic strands. T'he referenced
buffer tube shall be owned by the Town and considered reserved for the use of the Town as
long as this Agreement is in existence..
e. Maintain the Fiber Optic Backbone and Lateral Fiber Optic Cables as long as this Agreement is
in existence, including those Lateral Fiber Optic Cables on the Town ROW, except that
maintenance of the Lateral Fiber Optic Cable shall tertninate at the point where the Cable enters
the Town Communications Center. In the case of intentional or unintentional damage to the
Fiber Optic Backbone or Lateral Fiber Optic Cables created by a third party, CDOT reserves
the right to back-charge the responsible parties for the cost of repairs.
f. Provide the Town hard-copy red-line format, as-built drawings of the constructed area. upon
completion and acceptance by the CDOT Project Engineer of the Project Extension.
g. Provide CTMS software client to the Town so that the Town can view messages on the CDOT
DMS along the I-70 corridor. Sign changes using the software provided shall not be allowed.
h. Provide Camera Cameleon software, which is part of the CDOT's statewide license, to the
Town to use the software for the purpose of viewing the CCTV cameras.
i. Grant the Town the non-exclusive right to access the existing and future CDOT CCTV camera
video network on the I-70 corridor from Denver International Airport to Grand Junction, and
6
ancillary data that is available at the CTMC. Also, grant to the Town the right to secondary
control of the aforementioned CDOT CCTV camera network provided that the Town complies
with Section V.h. below. CDOT shall notify the Town representative identified in Section XII.
CONTACTS within ten (10) days of any changes to the Colorado Department of
Transportation Video Usage Guidelines and the Colorado Department of Transportation Non-
Permitted and Unauthorized Use of Digital Content Provisions. Such amended Guidelines and
Provisions shall be provided to the Town and attached to this Agreement, but shall not
constitute an amendment to this Agreement as identified in Section XIII. 5. (Modification of
Terms and Conditions).
j. Allow the Town to access other CDOT CCTV camera video images and/or data that is
available at the CTMC provided that: 1), the Town request such access and 2), that
CDOT determines that such access does not negatively impact the cotrip.org web
servers or require additional equipment and/or software.
V. ROLES AND RESPONSIBILITIES OF THE TOWN
With respect to the Project Extension, the Town shall perform, and shall be responsible for, the
following functions:
a. Construct the fiber optic network (Fiber Optic Backbone and Lateral Fiber Optic Cable) from
the referenced end point on the west side of Vail Pass (approximate Mile Point 182) to the West
Vail Interchange (approximate Mile Point 173) or as far as the funding allows within the
designated mile points, but at least to the Vail Interchange (approximate Mile Point 177).
Construct a Lateral Fiber Optic Cable line extending from the I-70 Fiber Optic Backbone to the
Town Communications Center, located in the Town of Vail. Construct, within the Project and
Project Extension limits, manholes and/or pull boxes along the Fiber Optic Backbone and
Lateral Fiber Optic Cable at selected locations as depicted in the Plans to provide the Town
with access to its buffer tube, allow for the plug-in of field devices and maintenance of the
Town Facility. No access to the CDOT-Facility shall be available from the Town pull boxes,
which will generally be placed adjacent to a CDOT pull boxes/manhole. Perform all applicable
construction related activities within the Project and Project Extension limits in accordance
with the Plans, CDOT standards and specifications, project schedules and permit requirements
Also, manage all contractor billings and ensure that payments are remitted in a timely manner
in accordance with the Town's accounting procedures. In addition, coordinate a11 construction
7
related activities with the CDOT Proj ect Engineer to ensure that such construction activities are
coordinated with other CDOT related projects that may be occurring at the same time.
b. Install three (3) CCTV cameras provided by CDOT at agreed-to locations within the Town
jurisdictional limits. Maintenance of the CCTV cameras shall be the responsibility of the Town
until the Fiber Optic Backbone is installed and accepted by the CDOT Project Engineer and the
CCTV cameras connected thereto, at which time responsibility for maintenance of same shall
revert to CDOT.
c. Install miscellaneous additional Town-owned ITS and communications equipment as may be
required for the Town use. Such equipment may include, but is not limited to, communications
repeaters and additional CCTV cameras. Referenced miscellaneous equipment shall be owned
and maintained by the Town, including all such equipment installed on CDOT ROW. Prior to
the installation of such equipment, the Town shall contact the CDOT representative identified
in Section XII. CONTACTS and shall obtain, and comply with, the appropriate CDOT Region
perxnit(s).
d. Prior to construction within the Project and Project Extension limits, apply for and obtain a
CDOT Region 1 Utility Pernut, which authorizes construction of the project, and comply with
all applicable provisions, terms and conditions of the CDOT Region 1 Utility Permit, and any
and all other federal, state and/or local pernuts that may be necessary. The CDOT Region 1
Utility Permit addresses, but is not limited to, the following requirements: insurance and
bonding during construction, traffic control, worker safety, general construction provisions,
environmental provisions, facility relocation procedures, maintenance roles and responsibilities,
access to facilities, etc.
e. Apply for and obtain an annual CDOT Region 1 Utility Pernut and comply with all applicable
provisions, terms and conditions of the annual CDOT Region 1 Utility Permit in order to
perform maintenance activities on the Town Facility infrastructure and devices located along I-
70.
f. Use the CTMS software client solely for the purpose to view messages on the CDOT DMS
along the I-70 corridor. The Town shall not use the CTMS software client to place or change
messages on any CDOT DMS.
8
g. Use Camera Cameleon software solely for the purpose of viewing the CCTV cameras.
h. Comply with the Colorado Department of Transportation Video Usage Guidelines, attached
hereto as Apuendig B, and the Colorado Department of Transportation Non-Permitted and
Unauthorized Use of Digital Content Provisions, attached hereto as Appendix C. CDOT
may revise, modify and/or change Appendix B and Appendix C from time to time. The
Town shall be bound by the terms of such Appendix B and Annendix C upon notice.
Should the Town desire to allow a public entity to connect to the Town Facility thereby
providing video sharing capabilities to the public entity, the Town shall request written
permission of, and acquire approval from, the CDOT representative identified in Section
XII. (CONTACTS) prior to allowing such connection. Such approval shall not be
unreasonably withheld, however the Town acknowledges and agrees that CDOT, in its sole
discretion, shall determine whether to approve or reject such request from the Town. The
Town request and CDOT determination (correspondence) shall be attached to this
Agreement, but shall not constitute an amendment to the Agreement as is identified in
Section XIII.S. (Modification of Terms and Conditions). The Town shall not receive any
compensation from the public entity or require the public entity to remunerate the Town in
any way, shape or form for the video images, but shall require that the public entity shall not
sale, lease, rent, assign and/or transfer the video images to any other public or private entity.
If CDOT approves such request, the Town shall, prior to allowing such connection, execute
a written agreement that requires the public entity, and to which the same public entity shall
agree, to be bound by all applicable terms and conditions in this Agreement and to comply
with the Colorado Department of Transportation Video Usage Guidelines and the Colorado
Department of Transportation Non-Permitted and Unauthorized Use of Digital Content
Provisions in the same manner and to the same extent as the Town. The executed agreement
between the Town and the public entity shall be attached to this Agreement.
VI. OWNERSHIP OF CDOT INFRASTRUCTURE
With respect to the Project Extension, the following items shall be solely owned by CDOT.
a. All fiber optic infrastructure including, but not limited to, conduit, Fiber Optic Backbone,
Lateral Fiber Optic Cable including Lateral Fiber Optic Cable from the Fiber Optic Backbone
to the Town Communications Center, manholes, pull boxes, connectors and ancillary hardware
9
directly related to fiber optic installation and function and three (3) CCTV cameras, which is
referred to in this Agreement as "the CDOT Facility". Following completion of the Project
Extension, which is defined as acceptance by the CDOT Project Engineer, the Town shall
assign all of its rights to and in the CDOT Facility to CDOT.
b. Future TTS field devices along the I-70 corridor, which CDOT directly connects to the CDOT
Facility.
VII. OWNERSHII' OF THE TOWN INFRASTRUCTURE
With respect to the Project and Project Extension, the following items shall be solely owned by the
Town.
a. Within the Project limits from Mile Point 190 to Mile Point 182 and within the entire Project
Extension limits one (1) buffer tube consisting of twelve (12) fiber strands, pull boxes,
connectors and ancillary hardware directly related to fiber optic installation and function sha11
be refereed to in this Agreement as "the Town Facility".
b JMUX equipment in the Town Communications Center to interface with the Fiber Optic
Backbone.
c. Additional Town-owned IT'S and communications equipment as may be required for the Town
use. Such equipment may include, but is not limited to, communications repeaters and
additional CCTV cameras. Referenced miscellaneous equipment shall be owned and
maintained by the Town, including all such equipment installed on CDOT ROW.
VIII. MAINTENANCE OF THE PROJECT
Each Party agrees to the following maintenance provisions of its respective Facility within the
Project and Project Extension limits for the entire term of this Agreement:
1. Permittin~: The Town is required to obtain a CDOT Region pernut(s) to perform maintenance of
Town Facility on CDOT right-of-way as long as this Agreement is in existence; and is also required
to obtain a CDOT Region permit(s) when new Town-owned equipment is to be installed.
10
2. Routine Preventative Maintenance: Each Party shall be solely responsible, and at each Party's sole
discretion, to perform routine preventative maintenance on its respective Facility within the Project
and Project Extension limits in accordance with each Party's maintenance procedures, processes,
practices and protocols. Each Party shall perform all necessary routine preventative maintenance at
its own expense and shall not seek reimbursement from the other Party for any and all cost
associated with routine preventative maintenance performed by the Party on its respective Facility.
3. Emergencv and Extraordinarv Reuairs:
a. Each Party shall be solely. responsible, and at each Party's sole discretion, to perform
emergency and extraordinary repairs on its respective Facility within the Project and Project
Extension limits in accordance with each Party's repair procedures, processes, practices and
protocols. For purposes of this Section, emergency and extraordinary repairs shall mean repairs
required as a result of complete failure of the Party's respective Facility and/or natural or man-
made disasters. Each Party shall perform all necessary emergency and extraordinary repairs
solely at it own expense and shall not seek reimbursement from the other Party for any and all
cost associated with emergency and extraordinary repairs performed by the Party on its
respective Facility.
b. As used in this Section, "Disaster" means an occurrence causing widespread damage to, or a
total failure of, the Party's respective Facility.
4. Notification: Each Party performing routine preventative maintenance as identified item 2 above in
this same Section, except for emergency and extraordinary related repairs identified in item 3 above
in this same Section, shall give the other Party reasonable notice of the nature, location and duration
of the Work, not to be less than three (3) working days prior to the commencement of Work.
Notification shall be to the representatives identified in Section XII (CONTACTS) and shall be
acceptable in the form of email. Each Party perfornung emergency and extraordinary repairs
identified in item 3 above in this same Section shall give the other Party notification as soon as is
reasonably and practically possible, and to the greatest extent, while such emergency and
extraordinary repair is in progress. Notification shall be to the representatives identified in Section
XII (CONTACTS) and shall be acceptable in the form of telephone and/or email.
11
5. Revision of Maintenance Provisions: These maintenance provisions may be revised, provided that
each Party approves of such changes in the form of a written amendment to this Agreement. Such
approval shall be signed by appropriate representative(s) of the Town and by the CDOT ITS Branch
Manager.
6. Entering Other Partv's Facilitv: For safety and security reasons pertaining to each Party's
respective Facility, neither Party, including but not limited to, its employees, contractors,
subcontractors, agents, entities, etc. shall enter the other Party's Facility without receiving written
permission, which shall be acceptable in the form of email from the Party's representative identified
in Section XII (CONTACTS), except in order to perform emergency and extraordinary repairs
identified in item 3 above in this same Section and in accordance with the notification provision
pertaining to emergency and extraordinary repairs identified in item 4 above in this same Section.
7. Lea 'nia Area of Maintenance and Repair in Good Condition: Each Party shall, with respect to any
and all maintenance and repair activities performed on its respective Facility, leave the entire area,
including but not limited to, landscaping, trees, sod, sprinkler systems, pathways, etc. affected by
such maintenance and repair in as good or better condition in all respects as it was before the
commencement of such maintenance and repair activities. Failure by either Party to comply with
this provision shall provide basis for the injured Party to seek restitution from the responsible Party
for all damages and any and all other remedies that are afforded the injured Party within this
Agreement.
8. Compliance with Annual CDOT Region 1 Utility Permit: The Town shall comply with all terms,
conditions and provisions contained in the annual CDOT Region 1 Utility Permit regarding
performance of all maintenance activities including, but not limited to, acceptable days and hours to
access the Town Facility, submittal of inethod of handling traffic (MHT) while performing
maintenance activities, CDOT approval of MHT, safety, insurance and bonding requirements, etc.
IX. TERM OF AGREEMENT
The term of this Agreement shall be from the date of full execution by the Executive Director of the
Colorado Department of Transportation, or his Designee, for a term of ten (10) years. However, if
the Parties so desire, the term may be extended for a subsequent time period by written amendment
to this Agreement.
12
A
X. DISPUTES
Resolution of disputes or disagreements on any matter relating to the Project shall be subject to a
three-step process. Upon written notification of either Party to the other Party that a dispute exists,
the matter shall first be submitted jointly to the representatives identified in Section XII
(CONTACTS) and to CDOT's TTS Branch Manager. These Parties shall collaborate to resolve the
dispute. If a resolution cannot be achieved within 30 days time, the matter shall be submitted jointly
to the designated the Town representative and CDOT's Chief Engineer. If a resolution cannot be
achieved within 30 days time at this level, the matter shall be submitted jointly for final resolution
of the dispute to the designated the Town representative and CDOT's Executive Director. The
Parties agree that participation in each of these administrative procedures shall be a condition
precedent to initiation of litigation, except in the case of an emergency or other condition that
entitles either Party to injunctive or emergency relief from a court of competent jurisdiction, in
which even no participation in the foregoing alternative dispute resolution process will be required.
XI. PERSONNEL/COMPENSATION
Neither Party to this Agreement shall be required to pay any compensation to the other Party for
any services of Party personnel rendered hereunder. Nothing in this Agreement shall be construed
to place the personnel of either Party under the control or employment of the other Party. Each
Party remains responsible for all pay, entitlement, employment decisions and worker's
compensation liabilities, for its own personnel. Nothing in this Agreement is intended to create or
grant to any third party or person any right or claim for damages, or the right to bring or maintain
any action law, nor does either Party waive its immunities at law, including immunity granted under
the Colorado Governmental Immunity Act.
XII. CONTACTS
Regarding the implementation activities to be performed in the Proj ect and Proj ect Extension limits
as outlined in this Agreement and subsequent issues throughout the Agreement term, persons to be
contacted that represent the Parties include:
For CDOT - Colorado Traffic Management Center (CTMC):
Ken DePinto, P.E.
ITS Branch Manager
425 C Corporate Circle
Golden, CO 80401
303-512-5820 phone
303-512-5878 FAX
13
ken.dqpintoCa)dot.state.co.us
or the current TTS Branch Manager
For the Town:
Ron Braden, IT Director
Cc: Town Attorney
Town of Vail
75 S. Frontage Road West
Vail, CO, 81657
970-479-2154 phone
970-479-2157 FAX
rbraden(&vail o~ v.com
or the current TOWN representative
All notices, demands and requests required or permitted to be given under this Agreement
(collectively the "Notices") identified in Section VIII.S (Revision of Maintenance Provisions),
Section X(DISPUTES) and in Section XIII.1 and XIII.2. (Ternunation for Cause and Ternunation
for Convenience) must be in writing and shall be deemed to have been given as of the date such
Notice is (i) delivered to the Party intended, (ii) delivered to the then designated address of the
Party intended, (iii) transmitted to the then designated fax number of the Party intended (provided
that the original of such Notice is delivered on the same day to a nationally recognized overnight
courier for delivery to the then designated address of the Party intended on the next business day),
(iv) rejected at the then designated address of the Party intended, provided such Notice was sent
prepaid, or (v) sent by nationally recognized overnight courier or by United States Certified Mail,
return receipt requested, postage prepaid and addressed to the then designated address of the Party
intended. The initial notice address designated for each Party shall be as listed above. Upon at least
ten (10) days' prior written notice, each Party shall have the right to change its address to any other
address within the State of Colorado.
XIII. GENERAL AGREEMENT PROVISIONS
1. Ternunation for Cause: If any Party shall fail to fulfill, in a timely and proper manner, its material
obligations under this Agreement, or if any Party shall violate any of the material covenants,
agreements, or stipulations of this Agreement, the other Party shall thereupon have the right to
terminate for cause by giving written notice of such termination and specifying the effective date
thereof, at least twenty (20) days before the effective date of such ternunation, provided that the
14
provisions identified in Section X(DISPUTES) have been mutually satisfied. Provided, however,
the defaulting Party shall have thirty (30) days in which to cure its failure or violation, in which
case this Agreement shall not terminate or be modified.
2. Termination for Convenience: Any Party may terminate this Agreement at any time during the term
of this Agreement if said Party deternunes that the purposes of the Agreement would no longer be
served by completion of the project. The Party choosing to terminate shall effect such termination
by giving written notice of ternunation to the other Party and specifying the effective date thereof,
at least twenty (20) days before the effective date of such termination. Notwithstanding the
foregoing, in the event CDOT elects to ternunate this Agreement for convenience after CDOT has
issued the CDOT Region 1 Utility Permit to construct as identified in the Plans, the Town shall
retain the right to construct and maintain the Town Facility within the CDOT ROW in accordance
with the terms and conditions of said CDOT Region 1 Utility Permit.
3. Severabilitv: To the extent performance of the obligations of the Party may be accomplished within
the intent of the Agreement, the terms of this Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure
shall not affect the validity of any other term or provision hereof. The waiver of any breach of a
term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent
breach.
4. Complete Inte agr tion: This Agreement is intended as the complete integration of all understandings
between the Parties regarding oversight and compensation therefore in connection with the Work.
No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or
affect whatsoever, unless embodied herein by writing.
5. Modification of Terms and Conditions. CDOT and the Town hereby reserve the right to alter,
amend or modify the terms and conditions of the Agreement upon written agreement by both
Parties. Notice of the requested modification shall be mailed to the address of the representative
identified in XII.(CONTACTS) by certified mail, return receipt requested, at least thirty (30) days
prior to instituting any alteration, amendment or modification of the terms or conditions of this
Agreement, except where specifically indicated otherwise in the Agreement.
15
6. Waiver: No waiver of any of the provisions of this Agreement shall be deemed to constitute a
waiver of any other of the provisions of this Agreement, nor shall such waiver constitute a
continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default
hereunder be deemed a waiver of any subsequent default hereunder.
7. Appropriation of Funds: In accord with the Colorado Constitution, Article X, Section 20,
performance of the State's obligations under this Agreement is expressly subject to appropriation
and availability of funds for that purpose.
8. No Third Party Beneficiarv: It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the Parties hereto, and nothing contained in this Agreement shall give or allow
any such claim of right of action by any other or third person of entity on such Agreement. It is the
express intent of the Parties hereto that any person or entity, other than the Parties to this
Agreement, receiving services or benefits under this Agreement shall be deemed incidental
beneficiaries only.
9. Signature Authority: Each Party represents and warrants that it has taken all actions that are
necessary or that are required by its respective procedures and applicable law to legally authorize
the undersigned signatory for that Party to execute this Agreement on behalf of the Party and to
bind the Party to its terms.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
16
IN WTTNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
ATTEST:
By BY
(Chief Clerk) Russell George, Executive Director
COLORADO DEPARTMENT OF TRANSPORTATION
AT"TEST:
By By
Lorelei Donaldson, Town Clerk Stan Zemler, Town Manager
TOWN OF VAIL TOWN OF VAIL
17
APPENDIX B
COLORADO DEPARTMENT OF TRANSPORTATION
VIDEO USAGE GUIDELINES
PURPOSE OF Guidelines: This document establishes a set of guidelines for video use across
jurisdictional boundaries.
1. General Overview: CDOT policy dictates that Closed Circuit Television Cameras (CCTV)
images be used for information purposes only. CDOT does not record video. Images
received at CDOT facilities are not used for law enforcement purposes, images received
by law enforcement facilities may record at their discretion, but CDOT shall not be held
accountable for any data held therein.
2. Usage Policv: CDOT's Video policy requires that any entity with control of camera
functions (Pan/TilUZoom) adhere to the following:
1. Users shall not zoom into incidents/accidents except for scene
assessment, once an incident has been assessed, cameras are to be
immediately zoomed out, allowing for an overall view of the accident area
and traffic queue(s).
2. Views of injured bodies etc... should not be shown by zoomed in cameras
unless absolutely necessary
3. Cameras shall not be focused on non-roadways, refrain from viewing
private homes or facilities, bike paths etc...
3. FTP Process: It is understood that CDOT uses a File Transfer Protocol (FTP) to populate
video images on the COTrip.org website. This is an automated process and out of the
control of the operations staff at the CTMC. Cameras are programmed to take snapshot
pictures of the roadway and may, at times, take control and move a camera from iYs
location to take said snapshots.
4. Point Of Presence: Images may be made available to media and other private entities at
a predetermined "Point of Presence". CDOT is not responsible for connectivity past this
location. Users wishing to gain access to video from this point are responsible for all
hardware, software and associated costs.
5. Media Usa4e: Video on the nefinrork is available to media outlets through the "Point of
Presence" this video is made available prior to the switcher and thus, media outlets are
able to broadcast or record video. This is to be kept in mind when utilizing camera
images on the network.
APPENDIX C
COLORADO DEPARTMENT OF TRANSPORTATION
NON-PERMITTED AND UNAUTHORIZED USE
OF DIGITAL CONTENT PROVISIONS
NON-PERMITTED USE OF DIGITAL CONTENT.
YOU MAY NOT incorporate the Digital Content into your own original work and publish your work
in a web site.
UNAUTHORIZED USES OF DIGITAL CONTENT. YOU MAY NOT:
1. Post web pages containing the digital content on servers.
2. Use the digital content for any purpose.
3. Use the digital content to create printed or "hard copy" documents.
4. Use the digital content in electronic format, on-line or in multimedia and no permission is given
to download or save the Digital Content for any reason.
5. Use or permit the use of the digital content or any part thereof as a trademark or service mark,
or claim any proprietary rights of any sort in the digital content or any part thereof.
6. Use the digital content with images of identifiable individuals, products or entities in a manner
that suggests their association with or endorsement of any product or service.
7. Create scandalous, obscene, defamatory or immoral works using the digital content, nor use
the digital content for any other purpose which is prohibited by law.
8. Translate, reverse engineer, decompile, or disassemble the digital content.
9. Rent, lease, assign, transfer or redistribute the digital content or a copy thereof, to another
person or legal entity.
RESOLUTION NO. 17, SERIES 2008
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 l, 2009
THROUGH DECEMBER 31, 2009.
WHEREAS, the Town Council received and approved the operating plan and
budget for fiscal year 2009 on September 2, 2008; and
WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing
has been published; and
WHEREAS, notice of this public hearing to consider the adoption of the proposed
Vail Local Marketing District budget was published in the VAIL DAILY on the
20th day of August, 2008; 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 $2,002,000
for marketing related expenditures beginning on the first day of January, 2009, and
ending on the 31St day of December, 2009.
Attested: Signed:
`Dick Cle d, Mayor
" •°•.~y
. ~
.
.
~~RAt~
Vail Local Marketing District
2009 Operating Plan & Budget
September 2, 2008
Executive Summary Page 2
Budget Page 3
Allocation Charts Page 4
Destination Advertising Page 5
Strategic Alliances & Promotions Page 8
Front Range Advertising Page 10
Groups & Meetings Page 12
Public Relations Page 15
Research Page 18
Email Marketing Page 20
Website Page 21
Concierge Program Page 23
Page 1
Revised 91312008
Executive Summary
In 2009, our top goals are to continue driving short term sales, to further build
brand awareness, and to implement a new strategic alliance effort based upon
the brand research findings. Key areas of focus will include sports & adventure
and health & wellness. Additionally, our strong 2008 results indicate that our core
programs have been performing well. As a result, we are making small shifts to
key programs, and implementing a new partnership effort for strategic alliances
with best of class brands that will help to position Vail as the premier year-round
destination for pursuing recreational passions while on vacation.
¦ Destination Advertisina: Streamline online efforts via behavioral targeting.
¦ Strateqic Alliance Efforts: Develop strategic alliance experiences with best
of class brands around the themes of sports & adventure and health &
wellness.
¦ Front Ranae: Maintain successful print & online advertising and two
promotions; consolidate budget to focus on key travel times; continue to
market special events and add 30-second radio flights.
¦ Groups and Meetings: Continue strong sales efforts and work closely with
the VRD and CSE to drive more participatory sports events.
¦ Public Relations: Build upon successful outreach efforts and generate
media hits in broadcast, cable, and the web. Public Relations efforts will
also cross-sell the summer experience to the media during the winter
season.
¦ Research: Continue regular lodging occupancy forecast reporting, with
several enhancements, and conduct a summer intercept study in 2009.
¦ Email Marketinq: Cross-sell summer experience to the winter audience,
and focus on special events marketing.
¦ Website: Begin migration of site to new platform, redesign home page to
map to new summer look & feel, and continue regular, on-going
maintenance.
¦ Concierge Program: Maintain operations 7 days per week, and enhance
customer interaction with updated series of confirmation emails.
Page 2
Revised 91312008
Vail Local Marketing District
2009 Proposed Budget
Original Amended Proposed Proposed
~ - 2009 Variance 2009
Bud9et Bud9et Opton 1 % of Total to 2008 Option 2
Income
~
310 • Lodging Tax 2,-075,000 _
2,075,000 ~ -2,075,000 997% - 2,200,000
313 • Other Income
399 • Interest Income 6,500 6,500 ' 6,025 0.3% (475), 6,025
Total Income 2,081,500 2,081,500 ~i 2,081,025 100°/, 2,206,025
j ~ - -
iExpense
Destination
Destination Media 8 Search 170,000 100,000 5.0% (70,000) 100,000
Destination Creative 30,000 30,000 1.5% - 30,000
Deatination TV Sponsorships 50,000 - 0.0% (50,000) -
Destination N Creative 9,000 - 0.0% (9,000) -
Colorado State Vacation Gulde - Media 20,000 20,000 1.0% - 20,000
Colorado State Vacation Guide - Creative Fees 6,000 8,000 0.4% 2,000 8,000
6301.01 • Destination Advertising Total 235,000 285,000 158,000 7.9% (127,000) 158,000
6301.09 - Strategic Alliance: Acquisition & Fulfillment - 155,921 7.8% 155,921 185,921
6306 • Fulfillment (Summer Guide requests) 4,000 4,000 3,000 0.1% (1,000) 3,000
7012 - Alr Service 20,000 20,000 - 0.0% (20,000) 20,000
Total Destination 259,000 309,000 316,921 15.8 % 7,921 366,921
Front Range
Front Range Media 8 Search 190,500 162,500 8.1°k (28,000) 199,500
Front Range Creative 54,000 36,000 1.8% (18,000) 46,000
Front Range Opportunity Fund 25,000 - OA% (25,000) -
6302.06 • Front Range Advertising Total 244,500 269,500 198,500 9.9% (71,000) 245,500
Front Range Promotion Print - Creative Fees 30,000 18,000 0.9% (12,000) 18,000
Front Ratige Promotion Online - Creative Fees 30,000 10,000 0.5°k (20,000) 10,000
Front Range Promotion - Acquisition & Fulfillment 180,000 120,000 6.0% (60,000) 120,000
6302.07 • Front Range Promotion 7oWl 240,000 240,000 148,000 7.4%a (92,000) 148,000
Total Front Range 484,500 509,500 346,500 17.3°/a (163,000) 393,600
Groups and Meetings
6303.01 - Print & Online Media Advertising 85,940 74,450 80,000 4.0% 5,550 80,000
6303.01 Group Emails 11,490 - 0.0% (11,490) 7,500
6303.03 • In-Market Representation 54,500 54,500 75,000 3.7°/a 20,500 75,000
6303.04 • TravellTradeshows & Customer Events 101,500 101,500 105,000 5.2% 3,500 105,000
6303.05 • Memberships 5,000 5,000 5,000 0.2% - 5,000
6303.11 • Familiarization Trips 25,000 42,500 25,000 1.2°k (17,500) 25,000
6303.15 • Public Relations 15,000 15,000 15,000 0.7% - 15,000
6303.17 • Direct Sales - - - 0.0% - -
6303.17 • Reporting 12,000 12,000 12,000 0.6% - 12,000
Total • Groups and Meetings 298,940 316,440 317,000 15.8% 560 324,500
Public Relations Expenses
NYC Media Event 20,000 20,000 1.0% - 20,000
Front Range Media Calls 1,500 3,000 0.1% 1,500 3,000
Media Hostings 15,000 15,000 0.7% - 15,000
Media Giks 7,000 7,000 0.3% - 7,000
Media Guide (incl. shipping 8 printing) 6,000 6,000 0.3% - 6,000
WinterCross-Sell 2,500 4,000 0.2% 1,500 4,000
Front Range Media Event 9,000 12,500 0.6% 3,500 12,500
B-Roll 15,000 - 0.0% (15,000) -
Administrative 10,000 12,000 0.6% 2,000 12,000
Front Range Construction Mitigation Campaign 20,000 20,000 1.0% - 20,000
In-Market Promotions 25,000 25,000 1.2% - 25,000
CTO NYC Event 18,500 - 0.0% (18,500) -
Outside Go and Mountain Living Events 20,500 - 0.0% (20,500) -
Public Relations Expense Total 116,000 170,000 124,500 6.2% (45,500) 124,500
Cross-Platform Activities
6306 • Photography 55,000 55,000 50,000 2.5% (5,000) 50,000
6307 • Research
1
Vail Local Marketing District
2009 Proposed Budget
Original I Amended II Proposed Proposed
I 2008 2008 2009 Variance 2009
Budget Budget Option 1 I°/ of Total , to 2008 Option 2
Intercept Study 20,000 1.0% 20,000 20,000
Lodging Occupancy Forecast 19,500 19,500 23,500 1.2% 4,000 23,500
6307 - Research Total 19,500 19,500 43,500 2.2°/, 24,000 43,500
6311 • Database Mgmt & Direct Mail 6,000 6,000 - 0.0% (6,000) -
6314 • Collateral (online brochure) 9,000 9,000 9,000 0.4% - 15,000
6315 • Web & Email Marketing (creative 8 online management) 50,000 50,000 25,000 1.2% (25,000) 25,000
6315 • Web 8 Email Marketing (email list rental) 25,000 25,000 - 0.0% (25,000) -
6316 • Events -
PRIMA 30,000 30,000 - 0.0% (30,000) -
Vail Golf Club - Online Media 23,000 23,000 - 0.0% (23,000) -
Vail Golf Club - Creative - - - 0.0% - -
MTS Vail 365 Party - 100,000 - 0.0% (100,000) -
6376 - Total Events 53,000 153,000 - 0.0% (153,000) -
6318 • Asset Marketing ( Collateral) 148,000 73,000 57,750 2.9% (15,250) 57,750
6318 • Asset Marketing (Programming) 45,700 25,200 1.3% (20,500) 25,200
7009 • Web Site 95,000 95,000 100,000 5.0% 5,000 120,000
7013 • Concierge Program 23,000 23,000 48,000 2.4% 25,000 48,000
Total Cross-Platform Activities 487,500 554,200 358,450 17.9 % (195,750) 384,450
Admin I Miscellaneous
6400 • Gontingency 37,500 35,500 7,500 0.4% (28,000) 51,000
6310 - Administration 10,000 10,000 10,000 0.5% - 10,000
Total Admin I Miscellaneous 47,500 45,500 17,500 0.9 % (28,000) 61,000
Pro(ession.il Fees
7001 • Legal and Accounting 18,000 20,000 20,000 1.0% - 20,000
7003 • Advertising Agent Fees
Travel Feea 72,000 12,000 0.6% - 18,000
Concepting 20,000 15,000 07% (5,000) 15,000
Optimization 8 Reporting 15,000 15,000 07°/a - 15,000
Ad Agency Contingency 15,000 - 0.0% (15,000) -
7003 - Advertising Agent Fees Total 62,000 62,000 42,000 2.1%, (20,000) 48,000
7004 • Media Buying Fees 20,000 20,000 20,000 1.0% - 20,000
7007 • Marketing Coordination-WP 50,000 50,000 50,000 2.5% - 50,000
7007 . Marketing Coordination-TOV 75,000 75,000 75,000 3.7% - 75,000
7008 • PR - Professional Fees 100,000 103,500 100,000 5.0% (3,500) 100,000
7010 • Strategic Advisory Fess 97,000 97,000 35,000 1.7% (62,000) 35,000
7011 • Partnership
Front Range Promotion Fees 120,678 50,625 2.5% (70,053) 50,625
Strategic Alliance Fees & Travel 101,454 5.1% 101,454 101,454
Asset Marketing - collateral production & design 19,500 17,250 0.9% (2,250) 17,250
Asset Marketing - programming production 8 marketing 9,800 9,800 0.5% - 9,800
7011 • Partnership Total 120,678 149,978 179,129 8.9% 29,151 179,129
Total Professlonal Fees 642,678 577,478 521,129 26.0% (56,349) 527,129
'TotalExpense ' 2,232,118 2,482,118 2,002,000 100.0% (480,118) 2,182,000
Net Income (Loss): (150,618) (400,618) 79,025 I 24,025
Be9inning Fund Balance 825,792 1,002,894 ' 602,276 I 602,276
Ending Fund Balance 675,174 602,276 4 681,301 626,301
- - i - - - - -
%a e Fund Balance (25% required) 32% 29%~ 33% 28%
2
Allocation Charts
2009 $2m Budget
$17,500.00,1%
¦ Destination
5316,92100•
$521,129.00, 161)t) ¦FrontRange
26'9n ¦ Groups
$346,500.00, Public Relations
$358,450.00, 17% Cross-PlatForm
18% $317,000.00 a Professional Fees
,
1ON) * Aclministration
$124:500.00, 6%a I
J
2008 Budget
$47,500.00,2% $ 309,000.00,
1 ¦ Destination
¦ Front Range
$575,478.00, ¦ Groups
23'~ $509,500.00,
21% Public Relations
$554,200.04a Cross-Platform
22% s~ Professional Fees
W316~440.00, • Administration
3%
$170,000.00, 7%
Page 4
Revised 91312008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Destination Advertising
Vendor: HL2
Objectives:
¦ Generate increased bookings from Destination markets
¦ Build on the successes and learnings of the 2008 media campaign to
continue to grow presence in destination markets
¦ Drive traffic to Vail.com
Strategies:
¦ Utilize behavioral targeting to find individuals who exhibit characteristics most
likely to result in summer mountain travel to Vail
¦ Expand media presence to capture incremental market share throughout
nation and drive revenue
o Address summer 09 closure of Eagle County Airport by extending
message beyond traditional direct flight markets
¦ Employ strong brand messaging to help drive this position; retail messaging
will help support special offers or events that are occurring during the summer
¦ Rely on PR to provide deeper meaning to brand positioning
Tactics:
¦ Employ behavioral targeting ad networks that will serve online ads to those
who most closely fit our target and whose online habits indicate they are most
likely to be interested in booking a trip to Vail
¦ Behavioral targeting will help us generate leads nationwide from the most
qualified potential guests, creating better ROI on our media budget
¦ Develop 3 new online ads that map to our new summer look & feel and
communicate our brand message; close with a retail offer call to action
¦ Search & CPC media: Google.com, Yahoo.com
¦ Develop brand ad and property template ad for Colorado State Vacation
Guide
Impressions:
Online Media: 13,277,311
Search: TBD
Colorado State Vacation Guide: 800,000
Budget: 2M 2.2M
Destination Online & Search Media $100,000 $100,000 6301.01
Destination Online Creative $30,000 $30,000 6301.01
Colorado State Vacation Guide $20,000 $20,000 6301.01
Colorado State Vacation Guide Creative $8,000 $8,000 6301.01
Page 5
Revised 913/2008
TOTAL $158,000 $158,000
Measurement Criteria:
1. Manage expenses to approved budgets
2. Online conversions tracked instantaneously; use website action tags
*All numbers are estimated figures; HL2 to review and revise as necessary after factical plan is
finalized and media is purchased.
Page 6
Revised 9/3r2008
VLMDAC 2009 Planning - $2M level
Tactical Ideas
Subject: 2009 Front Range Promotions, Content Development
& Strategic Alliances
Vendor: Untraditional Marketing
Objectives:
o Drive short-term summer overnight traffic to increase lodging tax revenue
YOY
o Build on successful initiatives and continue to increase awareness
o Provide guests with content that enhances their experience and increases
likelihood of return visits
o Develop strategic alliances through integrated partner efforts to attract
targeted groups to Vail
Strategy: Front Range Promotions
Drive traffic during needs periods utilizing proven successful initiatives and
leveraging existing Vail assets.
Tactic:
1. Front Range Promotions
Continue the success of Promotions driving traffic to Vail from the Front
Range during the need periods. These promotions/time frames include:
1. Spa Season - Spa'd at Vail- May - June
2. Vail at $81.50 - late August extended to late September
Mimic execution from 2008 with key learning enhancements and
additional program tactics:
• Work with the DNA print and online to receive a 2:1 return on media
impressions totaling at minimum 10million impressions per
program. This witl include continuing the successful spadea wrap
and giveaway for each program.
• Develop and solicit new program partners per asset inventory
• Continue to compliment existing brand messaging
• Increase Front Range experiential intercepts for Spa'd, including
the Women's Expo
• Work with VBCR for lodging booking and the Concierge at Vail for
activity booking
• UM will solicit all local business participants aside from lodging for
both $81.50 and Spa'd at Vail
Budget: $170,625 $2M
• Media & Fulfillment (6302.07) $120,000
• UM management, execution & solicitation(7011) $50,625
Page 7
Revised 9/3/2008
Measurement Criteria:
• Increased number of direct bookings for applicable package and
year over year
• Overall month performance
• Leveraged media value at minimum 2:1
• Response rate - all traceable inquiries per concierge
Strategy: Asset Marketing
Continue to refine and deliver on collateral & programming to enhance the guest
experience in Vail and increase the potential for return visits.
Tactics: Asset Marketing
• Collateral
o Update any left over pieces
o New run of piece (based on 75k)
o Summer long distribution to community
o Integrate return visit offers and messaging
• Programming
0 2 Soft Adventure Programs - July & August
o Leverage existing assets to enhance guest experience
o Activation of programs
o Marketing/Community Messaging
o Integrate return visit offers and messaging
Budget: $110,000 $2M
• Collateral (6318) $57,750
• Collateral production & design (7011) $17, 250
• Programming (6318) $25,200
• Programming Production & Marketing (7011) $9,800
Measurement Criteria:
• Number of distributed IKYP pieces, feedback from vendors and
lodges
• Program attendance and feedback
Strategy: Strategic Alliances
In 2009 Vail will develop strategic alliances in accordance with recent research
results. The two brand pillars that will be of emphasis in the short-term will be:
"Health & Wellness" and "Sport & Adventure"
We will align and co-brand with 2-3 strategic alliance partners in the short-term
that are synergistic with Vail's iconic and best of class status, while looking at 6-8
in the long-term. These strategic alliances will further drive brand awareness and
more importantly build participatory programming. Ultimately we will generate
heads in beds in Vail's community and offer brand extensions for our partners.
Page 8
Revised 9/312008
Tactics: Strategic Alliances
• Strategic Alliance Partner Solicitation/Liaison
o Per asset inventory plan solicit short list partners - ongoing
throughout 2009
o Develop/negotiate and complete long term strategic alliance partner
ptans and guidelines per program
o Act as strategic alliance partner liaison (TOV and community entities)
o Strategic alliance partner planning and solicitation travel
• Strategic Alliance Fulfillment
o Implement 2-3 long term strategic alliances in 2009 per future
approvals of the initiative/s and allocation amongst the three items
below:
¦ Marketing and media for strategic alliances - determined by
initiative and designated partner/s e.g. national/regional
media, target and messaging, media leveraging with partner
marketing dollars and plans etc...
¦ Vail acts as host to the strategic alliance
¦ Activation and logistics of strategic alliance
Budget: $257,375 $2M $2.2M
• Strategic Alliance Fees & Travel (7011) $101,454 -
• Strategic Alliance fulfillment (6301.09) $155,921 $185,921*
*At $2.2mi/lion we will be ab/e to invest an additional $30k to support the
above strategic alliance fulfillment elements.
Measurement Criteria:
• Heads in beds as a result of the partnership
¦ At minimum $250,000 in lodging revenue
• Partnership Equity
• Brand Exposure
¦ Estimated to generate 2:1 media value
• Opportunity to grow in the long term
• Enhancement of guest experience
• Enhancement for local business and local business traffic
Page 9
Revised 91312008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Front Range Advertising
Vendor: HL2
Objectives:
¦ Maintain a strong retail presence in the Front Range to drive short term sales
and lodging occupancy
¦ Address potential economic challenges 2009, including possible economic
recession, sluggish travel industry, and changing consumer habits
¦ Drive visitation during the week and during off-peak times with targeted retail
offers
¦ Drive traffic to Vail.com
Strategies:
¦ Given that consumers will be less responsive than usual, focus media into
two key flights at meaningful impression levels to ensure that our message is
heard
¦ Schedule flights to capitalize on peak-summer visitation times and current
data regarding extremely short booking windows
¦ Run unique, Vail-branded ads that target Front Range audiences with specific
offers or promotions
¦ Message Vail as the "smart vacation choice" for the Front Range due to
proximity and ease of travel: a world-class vacation in your own backyard.
¦ Address consumer economic concerns by providing additional value and
compelling packaging (vs. discounting)
¦ Continue successful Front Range promotional events to drive traffic during
non-peak times
Tactics:
¦ Run 30-second radio spots on local Denver channels to provide greater
impact and provide more details on offers and promotions
o Work closely with local stations to produce spots
¦ Sunday Travel Section newspaper ads in the Denver Post
o Promote lodging offers and events with a strong call to action
o Utilize page dominant ad units to deliver maximum impact (5 column x
10")
¦ Local online websites, such as: DenverPost.com, RockyMountain News. com,
Colorado.com, DailyCamera.com, 9News.com
¦ Refresh 2008 online ads with updated message
¦ Support Spa'd at Vail and $81.50 with updates to the 2008 creative
Page 10
Revised 9/3/2008
Impressions:
Radio: 8,707,884
Newspaper: 5,269,848
Online Media: 6,955,968
Total: 20,933,700
Budget: 2M 2.2M
Front Range Media $153,500 $190,500 6302.06
Radio ($84,390) ($84,390)
Newspaper ($42,962) ($61,962)
Online ($26,148) ($44,148)
Front Range Print Creative $36,000 $46,000 6302.06
Front Range Promotion Print Creative $18,000 $18,000 6302.07
Front Range Promotion Online Creative $10,000 $10,000 6302.07
Front Range Promotion (see p. 12 for detail) $120,000 $120,000 6302.07
TOTAL $337,500 $384,500
Measurement Criteria:
1. Manage expenses to approved budgets
2. Online: Conversions can be tracked instantaneously; use website action tags
*All numbers are estimated figures; HL2 fo review and revise as necessary after tactical plan is
finalized and media is purchased.
Page 11
Revised 9/3/2008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Groups & Meetings
Vendor: Vail Valley Partnership and HL2
Objectives:
¦ Drive group sales leads by enhancing awareness of Vail as a group
destination
¦ Develop an integrated brand marketing effort to attract targeted groups to Vail
¦ Increase touch of Vail brand to targeted group and meeting planners through
electronic marketing and increased attendance at trade shows
¦ Work with Peeples Ink to develop dynamic group public relations campaign
¦ Align group sales strategies with "transformational" research findings
¦ Develop focused direct sales and marketing efforts to attract targeted group
and meeting business to Vail including increased focus on participatory
events
¦ Target markets include:
o Regions: Northeast, Midwest, Southeast, Southwest
o Segments: Medical; Financial; Insurance; Association; Continuing
Education; Corporate; Participatory Sports
Strategies:
¦ Increase Front Range and primary feeder city presence
¦ Work with individual group properties to coordinate in-market customer
events and travel/tradeshow schedules
¦ Continue to explore additional opportunities into secondary markets
¦ Increase development of the Incentive and high-end Corporate markets
¦ Focus on smaller, more targeted, trade shows, events and educational
programs
¦ Continue third-party (in-market) representation with Hyland Group, Hinton &
Grusich, and Sherry Bettis
¦ Develop new third-party representation with Innovations Consulting (focus on
participatory sports and sports marketing)
¦ Simultaneously market to meeting planners and key group decision makers
on a national and a regional level to drive sales leads
¦ Continue print campaign to build Vail brand in the meeting industry
¦ Continue on-line campaign to create synergies and economies of scale with
print marketing and trade show attendance
¦ Implement email marketing efforts to compliment other group marketing
efforts
Tactics:
¦ Full page, 4-color ads in the following publications to correspond with
planning lead time (exact ad placements pending negotiation)
o Green/ight Guide
Page 12
Revised 9/3/"1008
o P/an Your Meetings
o Meetings West
o Meetings West Guide
o Colorado Meetings & Events
o Successful Meetings (Co/orado Guide & Co/orado issue)
o Successful Meetings (Vail supplemenbproperty co-op)
o MPI "The Meeting Professional"
¦ Electronic advertising on following meeting planner websites:
o CVBHotRates.com
o PlanYourMeetings.com
o VirtualMeetingWorld.com
o MeetingSource.com
¦ Leverage print & electronic campaigns to increase email reach
o MeetingsFocus.com E-Newsletter
o Plan Your Meetings e-newsletters
o Plan Your Meetings, planner site visit event emails
o Meetings West, E-newsletter, "hot deals"
¦ Direct solicitation of the meetings marketplace by engaging in focused
telemarketing efforts using established tracking system for leads
¦ Use third party sales organization for in-market support of sales tactics in
Chicago, Washington, D.C. and other key markets
¦ Use travel and tradeshows to effectively sell Vail as a meetings destination to
qualified meeting planners
¦ Obtain memberships in key meeting and industry related organizations that
will provide direct contact to meeting planners
¦ Collaborate with Vail Recreation District & Commission on Special Events to
help increase number of participatory events hosted in Vail
¦ Host customer events in-market to increase visibility in key feeder markets
¦ Host meeting planners in Vail to showcase our destination. Guests are
qualified based upon their ability to bring group business to a mountain
destination; either from past experience, or interest level indicated and
substantiated
¦ Leverage media insertions to gain additional editorial exposure for Vail in
meetings industry publications and at industry trade shows
Budget - Advertising: 2M 2.2M
Group & Meetings Print & Online Advertising $80,000 $80,000
Group & Meetings E-mail Advertising $0 7 500
Total Advertising: $80,000 $87,500 6303.01
Budget - Travel & Trade: $2M $2.2M
In-Market Representation $75,000 $75,000 6303.03
Group Sales Travel, Trade Shows & Events $105,000 $105,000 6303.04
Meeting Planner Familiarization (FAM) $25,000 $25,000 6303.11
Page 13
Revised 913/2008
Reporting $12,000 $12,000 6303.17
Memberships 5 000 5 000 6303.05
TotalOther: $222,000 $222,000
TOTAL GROUP: $302,000 $309,500
Measurement Criteria:
1. Manage expenses to budget
2. Number of groups booked during 2009
3. Room nights actualized in 2009
4. New room nights booked during 2009
5. Number of qualified leads generated in 2009
Page 14
Revised 91317008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Public Relations
Vendor: Peeples Ink
Objective:
¦ To optimize Public Relations efforts to reach target audiences
¦ Drive continuous summer overnight traffic to increase lodging tax revenue
¦ Build on successful initiatives and continue to increase awareness
Strategies:
¦ Broaden our market reach, but to a more targeted audience
¦ Incorporate and focus on the experiential vacation message that is being
developed, suggested by James Chung and Reach Advisors
¦ Vet and expose stories and messages that currently exist, but haven't been
featured:
o Health and Wellness
o Outdoor activities and sports programming
¦ Continue to promote kids' messaging better than anyone else
¦ Inter-generational messaging
¦ De-emphasize "large event" in-market media visits
o Concentrate on canvassing targeted media with targeted messages
¦ Integrate public relations with marketing programs
¦ Continue to cross-sell summer messages to journalists hosted by Vail
Resorts and other PR entities in Vail
¦ Continue to expand efforts with television, cable and web media
Tactics:
¦ Build on the success of 2008's New York media launch in its more strategic,
message-centric manner
¦ Continue to focus our in-market media reach on key markets that include:
Dallas, Chicago, San Francisco and Los Angeles
¦ Integrate PR with Untraditional Marketing partnership program
¦ Update and maintain 2009 Vail Summer Media Center at Vail.com
¦ Maintain and update the media-friendly on-line brochure of Vail's Renewal
¦ Cross-Sell summer message to media hosted in Vail during the winter
through Vail Resorts and other PR partners
¦ Host targeted media on-site in Vail throughout shoulder and summer months
¦ Continue with success of World's Youngest PR Professional to position
ourselves as a leader in family messaging
o Invite top media with children to visit Vail; children are hosted by PI's
11 year old PR professional
¦ Maintain a concerted Front Range PR effort though one-on-one media calls,
story pitching and at least one major Front Range media event
Page 15
Revised 91312008
¦ Continue construction mitigation PR campaign, with focus shifted to newly
completed projects and boasting Vail's successes to the media
¦ Develop unique, branded media gift for distribution at media events, one-on-
one media calls and hosted press; coordinate with UM's partners
¦ Maintain an on-going PR campaign and relationship with the local press
¦ Continuous, year-round, story pitching to targeted national media list
¦ Representation as a PI client at Society of American Travel Writers (SATW),
North American Snowsport Journalist Association (NASJA), Public Relations
Society of America (PRSA) and Golf Writers Association of America (GWAA)
industry functions
Budget: 2M 2.2M
NYC Media Event $20,000 $20,000 6304
Front Range Media Calls $3,000 $3,000 6304
Media Hosting $15,000 $15,000 6304
Media Gifts $7,000 $7,000 6304
Media Guide $6,000 $6,000 6304
Winter Cross-Sell $4,000 $4,000 6304
Front Range Media Event $12,500 $12,500 6304
Media Calls/Air Service Promotion $25,000 $25,000 6304
Administrative Costs $12,000 $12,000 6304
Stakeholder Relations/Construction Mitigation $20,000 $20,000 6304
Group Public Relations $15,000 $15,000 6303.15
TOTAL PR BUDGET: $139,500 $139,500
Measurement Criteria:
¦ Manage all expenses to approved budget
¦ Number of contacts with targeted media through media events, one-on-one
meetings, winter cross sell, on-site hosting and email/phone story pitching.
¦ Number of features and stories in priority markets, key publications and
media from a defined and approved list
¦ Advertising equivalents and # of impressions analysis - ROI
¦ Baseline establishment of web-hits and effectiveness on relevant websites
¦ Output
o Number of releases, tip sheets and web postings to relevant websites
o Contacts by market
o Number of qualified journalists hosted
Expected ROI:
¦ Minimum of 350 direct contacts with targeted media through personal contact,
email and telephone
¦ The placement of 10 features about Vail in targeted media
o To include one major hit in a high profile publication
¦ Inclusion in mainstream "round-up" articles by contacting long-lead
publications and calendar sections
Page 16
Revised 9/3/2008
¦ Minimum of 15 targeted journalists hosted in winter
¦ Minimum of 40 targeted journalists hosted in summer
Page 17
Revised 91312008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Trends Service - Research
Vendor: Vail Valley Partnership
Objective:
¦ To utilize lodging occupancy levels of Vail properties to help Vail businesses
predict volume of business and staffing needs as well as to help recognize
need periods for promotional programs and special offers
Strategy:
¦ Funding for this program will be used for financial support of a lodging
occupancy forecast report, known as MTRiP; the funds will contribute to the
collection, analysis and reporting of occupancy levels in local properties for
upcoming months
¦ Conduct in-town intercept study to provide benchmark with prior year guest
surveys
Tactics:
¦ Support of a lodging occupancy forecast will enable the Town of Vail and
businesses in Vail to better predict volume of business and staff needs, to
ultimately give guests a better level of service
¦ Reports track the impacts of lodging occupancy affect every business,
recreational, educational and cultural organization in the community
¦ Specific reports included with MTRiPS subscription include the following:
o Destination Occupancy Report (daily report)
o Executive Summary
o Weekly Mountain Travel news
o Key economic indicators (local & national)
o Destination Benchmark Report
¦ New reports for 2009:
o Overall transient inventory report, updated annually with benchmark
o Implementation of group/conference report (pending property
participation)
o Paid/unpaid report (to show impacts of second homeowners)
o Raw inventory room night count of all Vail lodging
o Ability to add MTRiPS news feed to local sites
o Breakout of Vail Village vs. Lionshead Village occupancy on monthly
basis
¦ Development of intercept study to track customer impressions of Vail during
the summer; study to mirror intercept study from 2007 to ensure
benchmarking of prior results Page 18
Revised 91312008
Budget: 2M 2.2M
Lodging Occupancy $32,500 $32,500 6307
Intercept Study $20,000 $20,000 6307
Measurement Criteria:
1. Manage expenses to approved budgets
2. Distribution of reports to stakeholders in a timely manner
3. Bi-annual presentation by Ralf Garrison to VLMDAC
4. Coordination with Vail Resorts to manage intercept study process
Page 19
Revised 9/3/2008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Email Marketing
Vendor: HL2
Objectives:
¦ Contact Vail guests and give them a reason to visit Vail this summer
Strategies:
¦ Tap into existing databases to maximize exposure: VRI & VLMD
¦ Cross-sell summer experience to winter guests via the VRI database
Target:
¦ VRI Vail-only list: -80,000
¦ VLMD list: -7,000
Tactics:
¦ Send 5 targeted monthly emails, April through August, to keep past, present,
and future guests apprised of seasonal Vail events and special promotions
¦ Segment emails between Destination and Front Range markets, and modify
messages based on audience to increase conversion through relevant
messaging
¦ Schedule email distribution strategically (based upon booking window data) in
advance of key events and promotions
¦ Create efficiencies by using 2008 creative templates with minor copy and
design changes to message new or updated offers or events in 2009
Budget: 2M 2.2M
Creative and Production of Email Marketing $25,000 $25,000 6315
Measurement Criteria:
1. Manage expenses to budget
2. Track email open rates
3. Track email click-through rates to website
"All numbers are estimated figures; HL2 to review and revise as necessary after tactical plan is
finalized.
Page 20
Revised 9/3/2008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Website
Vendor: HL2
Objectives:
¦ Continue to enhance user experience through a higher quality, richer
interFace
¦ Support offline initiatives
¦ Share web traffic and booking opportunities with winter
Strategies:
¦ Migrate homepage and specified secondary pages to new Vail Resorts
platForm
o Phase site migration over two years to minimize budget impact;
balance of migration to be completed for 2010 campaign
¦ Explore enhancements to existing pages and new technologies to better
communicate with our target
¦ Engage in planned ongoing maintenance throughout summer to keep site
fresh and to map to offline initiatives driving to web
Tactics:
¦ Redesign home page and key secondary pages to map to new summer brand
look & feel
¦ Refresh web visuals with new photography and update pages with relevant
content
¦ Enhance the "Visualize Your Vail Vacation" web itineraries with more video,
still photography, and/or audio elements
¦ Consider RSS text feeds to push promotions and last minute bookings
¦(Search & CPC included in Destination media buy)
Budget: 2M 2.2M
Key Pages Redesign & Migration $33,000 $45,000
Web Itineraries Enhancements $12,000 $16,000
Core Site Updates $15,000 $17,000
o Imagery and copy refresh throughout the site
Maintenance $15,000 $15,000
o Promotion page design and copy
RTP Costs $25,000 $27,000
o Web development, flash content updates, reporting tools, maintenance
work, etc.
TOTAL $100,000 $120,000 7009
Page 21
Revised 9/3/2008
Measurement Criteria:
1. Manage expenses to approved budgets
2. Overall page views, unique visitors and lodging bookings
`All numbers are estimated figures; HL2 to review and revise as necessary after tactical plan is
finalized.
Page 22
Revised 91312008
VLMDAC 2009 Strategic Plan
Tactical Briefing Documents
Subject: Concierge Program
Vendor: Vail Valley Partnership
Objectives:
¦ Continue to create a point of differentiation for Vail among the luxury
competition by transforming Vail into a single unified destination experience
¦ Meet consumer need for convenience and service
¦ Increase communications with guests prior to arrival through website
exposure and via email confirmations (pending VBCR cooperation)
¦ Align strategies with research findings
Strategies:
¦ Continue to establish brand messaging for concierge program to include
marketing of the program beyond a call to action
¦ Elevate the program on the Web site to create a powerful presence of the
program online, driving guests to email or call their "personal" concierge
¦ Drive revenues to participating vendors within the Town of Vail
¦ Further refine fulfillment needs and vehicles
Tactics:
¦ Increase knowledge of Concierge at Vail program among lodging and
business community to help increase participation and referrals
¦ Maintain 7 days per week presence for phone fulfillment
¦ Define customer touch points and possible areas of interaction and create a
series of emails to support that interaction. Possible emails include:
o Enhanced booking confirmation and invite to Concierge Service; this
email would be an enhancement or addition to the existing VBCR
booking confirmation
o Confirmation of Concierge Services booked; once a visitor engages
with the Concierge, they will receive an email that confirms their
arrangements for services
o"Your trip is coming soon" email: includes confirmation of activities,
weather report, list of events happening while guest is in Vail
¦ Make VBCR call center training high priority
¦ Work with Untraditional Marketing to solicit business participation in
promotional programs
Budget: 2M 2.2M
$48,000 $48,000 7013
Page 23
Revised 91312008
Measurement Criteria:
1. Manage expenses to approved budgets
2. Total bookings via the Concierge Service
3. Track unique 1-800 number calls and Concierge landing page visits
Page 24
Revised 91312008
a
RESOLUTION NO. 18
Series of 2008
A RESOLUTION APPROVING ADDENDUM NUMBER 41 TO THE ESTABLISHMENT
CONTRACT FOR THE ROCKY MOUNTAIN RAIL AUTHORITY IN ORDER TO EFFECTUATE
THE TOWN OF VAIL'S MEMBERSHIP THERETO
WHEREAS, the Town of Vail (the "Town"), in the Counry 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 Rocky Mountain Rail Authority (the "RMRA") was established on
November 20, 2006, for political subdivisions of the State of Colorado to define, promote and
implement mass transportation services and solutions to Colorado's growing transportation
infrastructure needs, and to bring focus to the development of high-speed rail in the transportation
corridors of Colorado; and
WHEREAS, in order to effectuate the Town's membership in the RMRA the Town must
execute the attached Addendum Number 41 to the Establishment Contract for the Rocky
Mountain Rail Authority, as amended by the First Amendment to the Establishment Contract (the
"Addendum").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Addendum, attached hereto as Exhibit
A, and authorizes the Town Manager to execute the Addendum on behalf of the Town.
Section 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 19`h day of August, 2008.
,
wz,
/ Richard Cleveland
Town Mayor
ATTIOST:
,
2„~ Q11'1,..~F V'9
'•c
or ei Donaldson, '
:
Town Clerk ' ~
s AL :
: :
c°~oRAO° Resolution No. 18, Series 2008
S •
ADDENDUM # 41
TO THE ESTABLISHING CONTRACT FOR THE ROCKY MOUNTAIN RAIL
AUTHORITY AS AMENDED BY THE FIRST AMENDMENT TO THE
ESTABLISHING CONTRACT FOR THE ROCKY MOUNTAIN RAIL AUTHORITY
Pursuant to Section 1.05 of the Establishing Contract for the Rocky Mountain Rail
Authority, entered into by Clear Creek County and the City of Monument, effective November
20, 2006, as amended by the First Amendment thereto (collectively referred to as the
"Agreement"), Town of Vail hereby agrees to the terms of the Agreement and approves this
addendum in order to become a member of the Rocky Mountain Rail Authority.
Town of Vail's representative on the Rocky Mountain Rail Authority Board of Directors
shall be Town Manager; the alternate representative shall be a member of the Town of Vail
Council.
Town of Vail's financial contribution to the Rocky Mountain Rail Authority shall not
exceed $500.00.
Upon receipt and acceptance by the Rocky Mountain Rail Authority of this addendum,
Town of Vail will be a party to the Agreement.
ATTEST:
By By
Lorelei Donaldson Stan Zemler
Town Clerk Town Manager
Addendum Accepted by:
ROCKY MOUNTAIN RAIL AUTHORITY
Harry Dale, Chairperson
Date:
RMRA/Establishing Contract
JLI1315
RESOLUTION NO. 19
Series 2008
A RESOLUTION APPROVING LAND USE PLAN MAP AMENDMENTS TO ALLOW FOR A
CHANGE IN THE LAND USE DESIGNATION FROM COMMUNITY OFFICE TO LIONSHEAD
REDEVELOPMENT MASTER PLAN FOR PROPERTIES KNOWN AS "CASCADE
CROSSING", "VAIL PROFESSIONAL BUILDING" (FUTURE "EVER VAIL"), AND
"GLEN LYON OFFICE BUILDING" LOCATED AT
953, 1031 AND 1000 SOUTH FRONTAGE ROAD WEST
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, on November 18, 1986 the Council adopted the Vail Land Use Plan; and
WHEREAS, Section 8-3 of the Town of Vail Land Use Plan outlines a procedure for
amending the Plan; and
WHEREAS, the Vail Town Council finds that the land use plan map amendments are in
keeping with the goals, objectives, and policies prescribed by the Plan; and
WHEREAS, the Vail Town Council finds that the land use plan map amendments are in
the best interest of the Town as they promote the coordinated and harmonious development of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1. The Council hereby approves Land Use Plan map amendment, pursuant to
Section 8-3, Vail Land Use Plan, to allow for a change in the land use
designation from Community Office to Lionshead Redevelopment Master Plan for
properties known as "Cascade Crossing", "Vail Professional Building" (Future
"Ever Vail"), and "Glen Lyon Office Building" located at 953, 1031 and 1000
South Frontage Road West.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 2"d day of September, 2008.
22~: -
rm~
Richard D. C ela , Mayor, Town of Vail
Resolution No. 22, Series 2007
•
ATT~ST:
,1 : SEAr ~
- L
r ^•+6
~
` relei onaldson, Town Clerk . ~CpRApO Resolution No. 22, Series 2007
RESOLUTION NO. 20
Series 2008
A RESOLUTION ADOPTING THE TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC
PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagie 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 Town has determined that no less than thirty percent (30%) of Vail's
workforce should be provided deed restricted employee housing within the Town limits; and
WHEREAS, the Council has determined that in order to achieve the established goal it is
critical to create an employee housing strategic plan establishing and clarifying the objectives
and action steps essential to achieve the stated goal; and
WHEREAS, the Vail Local Housing Authority and Council developed the Employee
Housing Strategic Plan over a period of six months that outlines the goal, objectives and action
steps; and
WHEREAS, the Vail Economic Advisory Committee provided input and direction on the
Employee Housing Strategic Plan at their May 13, 2008, and June 10, 2008, meetings; and
WHEREAS, the Planning and Environmental Commission provided input and direction
on the Employee Housing Strategic Plan at their August 25, 2008, Public Hearing; and
WHEREAS, the Council supports the implementation of the Vail Employee Housing
Strategic Plan; and
WHEREAS, the Employee Housing Strategic Plan will direct policy and budget decisions
in order to achieve the community's stated goal; and
WHEREAS, it is the intention of the Council and the Housing Authority to implement the
Employee Housing Strategic Plan over the next three years.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. The Council hereby approves the Town of Vail Employee Housing Strategic Plan,
dated September 2, 2008, attached hereto as Exhibit A.
2. The Council hereby finds:
A. That the Employee Housing Strategic Plan is consistent with the applicable
elements of the adopted goa/s, objectives and policies outlined in the Vail
Comprehensive Plan and is compatib/e with the deve/opment objectives of
the Town; and,
8. That the Emp/oyee Housing Strategic P/an furthers the general and specific
purposes of Zoning Regulations; and,
Resolution No. 20, Series 2008
C. That the Employee Housing Strategic P/an promotes the health, safety,
mora/s, and genera/ we/fare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and
enhances its natura/ environment and its established character as a resort
and residentia/ community of the highest quality
3. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of September, 2008.
Richard D. Cle e a , own yor
ATTPT:, ~••~~QF ~J/„~~~
, L;~ _ ~
L rel i Donaldson, Town Clerk
v W.4
•
:
~••s....•
COLOR4'
Resolution No. 20, Series 2008
~
EWN OF VADi `Employee Housing
Strategic Plan
"To ensure there is deed restricted housing for
at least 30% of Vail's workforce
within the Town of Vail"
September 2, 2008
Adopted by Resolution No. 20,
Series of 2008
In acknowledgement of the commitment to ensure deed-restricted housing
options for at least 300/o of Vail's workforce within the Town of Vail
Vail Town Council Vail Local Housing Authority
Dick Cleveland, Mayor Mark Ristow, Chairman
Andy Daly, Mayor Pro-Tem Sally Jackle
Kevin Foley Steve Lindstrom
Mark Gordon Ethan Moore
Farrow Hitt Kim Newbury
Kim Newbury
Margaret Rogers
Planning and Environmental Commission
Bill Pierce, Chair
Rollie Kjesbo, Co- Chair
Michael Kurz
Sarah Paladino
Scott Proper
Susie Tjossem
David Viele
Vail Economic Advisory Council
Local Employers Mark Gordon
Vail Resorts, Inc. Dick Cleveland
Town of Vail Alan Koslof
Vail Valley Medical Center Bob Boselli
Tivoli Lodge Greg Moffet
Marriott Resort Rick Scapello
Vail Cascade Hotel and Spa Robin Litt
Vail Plaza Hotel Sally Hanlon
Troy's Ski Shop Bill Jensen
Vail Plaza Hotel Rob Levine
Sonnenalp Hotel M. ]oseph McHugh
Sweet Basil Pam Stenmark
Mark Cervantes
Matt Morgan
Brian Nolan
RRC Associates, Inc Steve Kauffman
Chris Cares Tori Franks
Rayla Kundolf
Bob McNicols
.
?~WIV{~Y,~11, " 2 Employee Housing
Strategic Plan
Table of Contents
Purpose 5
Time Frame 6
Threats, Weaknesses, Strengths, & Opportunities 6
Objectives 9
Policy Statements il
Action Steps 12
Implementation Matrix 19
Roles and Responsibilities 21
Appendix 23
a. Glossary
b. Resolution Adopting the Employee Housing Strategic Plan
c. Process Timeline
d. Existing "Conditions" Survey Results (to be added upon completion)
;I~AFYA(L ` 3 Employee Housing
Strategic Plan
,
T~I~J{f~YdD, " 4 Employee Housing
Strategic Plan
TOWN OF VAIL
EMPLOYEE HOUSING
STRATEGIC PLAN
BACKG ROU N D
In 2006, through the Vaii 20/20 Focus on the Future process the community
established a housing goal. It is as follows:
"The Town of Vail recognizes the need for housing as
infrastructure that promotes community, reduces transit needs
and keeps more emp/oyees /iving in the town, and will provide
enough deed-restricted housing for at /east 30 percent of the
workForce through policies, regu/ations and pub/icly initiated
deve%pment. "
Based upon the community's work, the Vail Town Council has confirmed the
Town of Vail recognizes deed restricted employee housing as basic
infrastructure. This type of housing allows employees to live within the town,
promoting community, and improving the quality of our local workforce, thereby
supporting the local economy, and reducing regional transit needs. The
Employee Housing Strategic Plan (EHSP) seeks to meet the expectations
established by the community and confirmed by the Town Council and provide
enough deed-restricted housing for at least 30 percent of the
community's workforce to live in the Town of Vail through a variety of
policies, regulations and publicly initiated development projects.
PURPOSE
The EHSP is a decision-making guide for the implementation of employee
occupied housing programs.
The EHSP documents the Town's current approaches to ensuring employee
housing. It identifies the goal, outlines methods and defines action steps the
Town will pursue. In addition, the Appendices provide background information
on Town housing definitions, policies, and initiatives. This information is
provided as an additional resource. The EHSP also recognizes and affirms the
importance of Vail constantly serving as a regional partner in the provision of
employee housing.
,
?~lt~~':~ " 5 Employee Housing
Strategic Plan
The EHSP is meant to lead the actions of Staff, the Vail Local Housing Authority
and the Vail Town Council in future decisions regarding funding and development
of employee housing in Vail.
PLANNING TIMEFRAME
The EHSP is based on a five-to-ten year planning horizon; it looks well into the
future anticipating the needs for employee housing over time. The EHSP also
contains identified "action steps" targeted for a one to three year period. These
action steps will need to be evaluated annually and it is anticipated that they will
be updated at least every three years as market conditions change.
THREATS, WEAKNESSES, STRENGTHS & OPPORTUNITIES
It is important to recognize and plan for the threats, weaknesses, strengths and
opportunities that exist in the Town of Vail as well acknowledge the broader
trends that impact Vail.
Threats
¦ Increasing Competition For Employees
o Within the next ten-years:
? Conservative estimates predict 2,000 new jobs will be
created by development and redevelopment within the Town
of Vail
- The majority of these jobs will be service sector
? It is estimated that at least 7,500 new jobs will be created
between Eagle Vail and Gypsum in the next ten years
- The majority of the these jobs will be service sector
? It is estimated the Ginn Development will add 1,000 new
jobs
? Lake County and Garfield County are both experiencing job
growth
- The oil and gas industry and mining generally pay
substantially more than the service jobs being created
in Eagle County
? State of Colorado predicts overall job growth of 23% (DOLA)
~1QFYAA1b ' 6 Employee Housing
Strategic Plan
¦ Real Estate Trends
o Real estate in the Town of Vail is expensive as compared to the
rest of the region as well as compared to the national market
o The conversion of locally occupied housing to second homes
o The free market focuses on the housing desires of second
homeowners
o Increasing cost of construction
o Local real estate values continue to trend upward
o The gap between what locally earned wages can afford and free
market housing prices continues to increase
¦ Unique Geographic Constraints
o Vail Pass on the East
o Dowd Junction on the West
o Limited undeveloped land within the Town of Vail
o Surrounded on the north and south by National Forest and
Bureau of Land Management lands
o Farthest employment center from the Eagle County population base
¦ Cost of Commuting
o The cost of gas continues to increase
o Public transportation does not provide a viable alternative to all
communities
o The availability and cost of parking is prohibitive
Weaknesses
¦ Politics
o Historical lack of political will for developing new employee
housing
o Previously, no clear policy direction for the provision of
employee housing
o Lack of Town owned land zoned for employee housing
o There is not dedicated funding for employee housing
o At the beginning, failure to plan for the housing needs of Vail
employees
.
'I~NQFYtVL ' 7 Employee Housing
Strategic Plan
¦ Real Estate Market
o Lack of free market homes affordable to local employees
o Potential home buyers get less "bang for the buck" in Vail as
compared to the region
o Deed restricted housing developed does not provide a full
spectrum of housing types (i.e., single family homes and
seasonal rental units)
¦ Lack of permanent employees hired by local businesses
o The jobs being generated by redevelopment are predominately
lower paying seasonal service jobs
o Added challenge to establishing a diverse community
Strengths
¦ Community support for creating new employee housing
¦ Clarity around the Town's adopted housing goal
¦ Regulatory requirements
o Commercial Linkage
o Inclusionary Zoning
¦ Vacant land owned by the Town
¦ Strong local financial conditions
o Bonding capacity
o Strong local tax base
o Potential to invest in employee housing
¦ Regular private reinvestment in development
¦ Expanding partnership opportunities with local businesses and
governments
¦ Current deed restricted housing stock
¦ The °Vail" brand
Opportunities
¦ Town Initiated
o Employee Housing Strategic Plan
o Town owns significant vacant land
o Rezoning of Town owned vacant land
o Land Use Plan amendments
o Annexation of land adjacent to the Town
x
Tt~'NOFYAI~ " 8 Employee Housing
Strategic Plan
o Ability to reallocate existing revenue
o Bonding capacity
o Ability to go to the voters for a dedicated funding source
o Partnerships with local employers
o Public-Private partnerships for development
o Potential United States Forest Service Land Swaps
¦ RegionalOpportunities
o Other local governments are addressing the housing need as
well
o Significant vacant land
o Partnerships with local employers
o Public-Private partnerships for development
o "The Valley Home Source"
¦ Current stagnation in real estate values
OBJECTIVES
A. Provide housing to address needs generated by new development or
redevelopment.
It is documented and understood that new development will require
additional employees and a goal of the EHSP is to provide for that
housing. This goal is also referred to as " Keep Up" in the EHSP; going
forward the Town will attempt to address the increase in demand from
new employees by requiring deed-restricted housing as a condition of new
development or redevelopment. The Town will encourage developers to
provide a range of housing choices for the entire spectrum of jobs that
are being created by the new development.
B. Respond to the existing affordable housing shortfall by pursuing a
number of identified programs and development opportunities.
This goal is also referred to as"Catch Up" in the EHSP; it describes efforts
to address deficiencies in the available housing inventory that have arisen
over a period of years.
.
`l~NOFYA~'` 9 Employee Housing
Strategic Plan
C. Call for any deed-restricted housing that is required as a condition
of development to be constructed at the time new development
occurs.
By dispersing year-round housing multiple objectives are met:
neighborhoods are occupied throughout the year enhancing security and
encouraging activity. Economies are achieved by having developers
integrate deed-restricted housing at the time they are constructing other
uses, and construction of new residences occurs at the time the demand
is first triggered.
D. Creation and maintenance of housing in Vail for emergency and key
service workers.
In Vail, where weather and the regional road system create periodic
strains, this is especially important. The Town will also work with other
businesses that provide services essential to municipal operations to
encourage they have critical employees living within the Town of Vail.
The Town will offer partnership opportunities to these types of employers.
E. Actively address affordable housing for Vail workers to ensure that
the community remains competitive in economic terms.
With the number of Down-Valley jobs continuing to increase, there will be
competition for workers; Vail will work to provide appropriate housing to
ensure that the Town remains attractive in the regional job market.
F. Increase and maintain deed-restricted housing within the Town to
encourage the efficient use of resources by placing employees
closer to their place of work.
It is understood there is a reduced need for personal automobiles and
reduced transit costs when home and work are in close proximity to one
another. Also, there may be changes in workforce demographics that
result in opportunities to reduce parking associated with affordable
housing in selected locations. To the extent these opportunities can be
realized, without negative impacts on the overall community, they will be
explored.
,
T~'I+iOFY;~I, ' 10 Employee Housing
Strategic Plan
G. Planning for new employee housing will take jobs and wages into
account.
It is recognized that wages associated with a particular job influence
housing demand. In both catch-up and keep-up programs the Town will
work toward providing a range of housing types at price points
appropriate to the varying incomes of workers in Vail. It is recognized the
free market provides limited opportunity for even the highest wage
earners to live and work in Town and it is necessary to have a full range
of employees in the community. Diverse housing opportunities for the
broadest range of employees will enhance the community.
H. Provide and plan for housing along with local and regional public
transportation.
The EHSP recognizes that these functions are intertwined and where
deed-restricted housing exists, there will be a demand for transportation
services. It is the goal of the Town to minimize overall transportation
costs by housing employees in proximity to their jobs, and to also
anticipate the projected costs of transportation (due to fuel and other
scarce resources) in the provision of deed-restricted housing elsewhere in
the region.
POLICY STATEMENTS
The Town of Vail will pursue three broadly described methods to achieve the
Town's housing goal.
The Town will Impose Regulatory Requirements
¦ Development will be required to address a portion of its housing
demand within the Town of Vail; and
¦ New development and redevelopment will be required to address a
portion of its housing demand at the development site.
Development and Acquisition Initiated by the Town
¦ To address employee housing needs beyond the regulatory
requirements for new development; and
¦ To respond to the desire to promote a more diverse and vibrant local
community.
~
?C~N{IFY,A(t; " 11 Employee Housing
Strategic Plan
Form Regional Partnerships
¦ These efforts will address employee housing needs beyond the
regulatory requirements by actively seeking partnerships, including:
i. Public / Private, and
ii. Multi Jurisdictional.
These broad methods are further addressed in the Action Steps that are
described in the following section.
ACTION STEPS
The Town will continue to use tools already in place including:
Regulatory Requirements:
The "Linkage" or Commercial )obs Generation Program
The Town will review the current linkage program to evaluate whether it
has been meeting the objectives of ensuring that new housing is being
created to house a portion of the employee demand that is being
generated by new commercial uses in the Town. At this time, no •
immediate changes in the overall requirements of the program are
anticipated. However, the current requirement for new commercial
development to provide employee housing for at least twenty percent
(20%) of the employees generated may be reevaluated and the required
percentage may be changed as a result of the review, the areas of impact
may be modified, and the formulas for calculating job generation rates
may be further refined. Additionally, an updated Rational Nexus will need
to be completed on a periodic schedule. The Linkage Program provides
housing to "keep up" with new demand as it is generated.
Achieves Objectives A, C, E, F, and G.
The "Inclusionary" Program
The Town does not anticipate major changes to the Inclusionary Housing
program at this time. However, the current requirement to restrict 10
percent (10%) of new residential square footage in high density areas to
be employee housing with deed restrictions, may be reevaluated and the
required percentage may be changed as a result of the evaluation, and/or
.
~'N{~F~~D, " 12 Employee Housing
Strategic Plan
the areas (zone districts) of impact may be modified. The Inclusionary
Program provides housing to "keep up" with new demand as it is
generated.
Achieves Objectives A, C, E, F, and G.
Housing District Zoning Designation
The Town currently has a"Housing District" zoning designation. As an
action step to implement the Housing Plan, the Town will review the
requirements of this district to ensure that it is fully meeting its intended
purposes. That review will address the procedural requirements for the
Housing District, land use provisions including density, parking and design
standards, and provisions for density bonuses. The evaluation of the
Housing District will ensure the Housing District provides optimal
employee housing development.
Achieves Objectives B, D, E, F, and G.
Town Initiatives:
Buy-Downs to Generate Deed-restricted Units
The Town will actively pursue purchase of attractively priced units for
imposition of an appreciation capped deed restriction, and subsequent
resale. This technique for increasing the suppl"y of permanently affordable
housing is known as a"buy down." It is recognized that this program will
be highly market dependent, with limited applicability when the local
residential market is surging, and becoming more attractive at times when
there is a plateauing of prices. The Town will need to increase the
allocation of funds to underwrite the costs associated with purchasing,
deed restricting and reselling for-sale units. This is an opportunity to
provide diverse housing, to serve the full spectrum of employees. It is
important to update the parameters by which buy down units are
considered so each buy down unit meets the established goals. Further, it
is expected that there will be active involvement by the Housing Authority
in overseeing this program. The Buy-Downs program provides housing to
"catch up" with existing deficiencies and reduce market leakage.
Achieves Objectives B, D, E, F, and G.
,
~OFYAit " 13 Employee Housing
Strategic Plan
Employee Housing Units Exchange Program
The Town will conduct a review of the "dispersed housing units" that have
been created under the density bonus provisions allowed by Town Code
since 1982. It is estimated that 123 units were created under the existing
program, typically ranging in size from 300 to 500 square feet. It is
believed that many of these units are not being used to house employees
as anticipated by the program. Although these units are covered by
various types of deed restrictions, the requirements are not uniform and
in many cases are not meeting the objective of providing tong-term
dispersed employee housing. The Town will evaluate the current program
and will consider a"deed restriction exchange program" as a part of this
overall effort. The program would likely permit, at the initiation of the
landowner, the exchange of small rental units for a larger for-sale, price
appreciation capped employee housing unit. Guidelines for the program
will be developed. It is expected that these standards will address
recommended size of units, location, homeowner's fees and other aspects
of the program. Such a program has been recently tried in Vail. It is
believed that other dispersed employee units, not currently in use, could
be leveraged into permanently restricted units by using this technique; it
could represent an important element of this overall plan. The Units
Exchange Program is to increase the quality and the total quantity of
employee housing within the Town of Vail.
Achieves Objectives B, E, F, and G.
Incentive Zoning and Density Bonuses
The Town will consider workforce housing objectives in all review
processes that permit discretion. This means that the Town will work
actively with developers as a part of the Housing District, Special
Development District review processes and requested changes in zoning
to not only meet the requirements of existing code, but to look for
opportunities to go beyond code requirements to encourage additional
workforce housing to be created. As a part of these review processes the
Town will work actively with developers to create incentives to develop
housing that exceeds the minimal requirements contained in the code.
Additional density may be granted in selected locations through the
appropriate review processes, and fee waivers and subsidies may be
considered. The Incentives Zoning and Density Bonuses help Vail to
.
?1QFYAAfL " 14 Employee Housing
Strategic Plan
"catch up" with existing deficiencies and add to the overall percent of
employees living within the Town of Vail.
Achieves Objectives B, D, E, F, and G.
Review Rezoning and Vacant Land Opportunities
The Town will regularly review existing codes and the vacant land
inventory to identify opportunities to modify current programs that further
support the goals of this Plan. The Review of Rezonings and Vacant Land
provides "catch up" opportunities to address existing deficiencies and add
to the overall percent of employees living within the Town of Vail.
Achieves Objectives B, D, E, F, and G.
Town Participation in Developments Providing Deed-Restricted
Housing
The Town is prepared to actively participate in, and will seek partners to
further the development of deed-restricted housing. Vail Commons,
Middle Creek, Buzzard Park and Miller Ranch (located near Edwards in
Eagle County) are four relatively large developments that have been
completed through active Town participation. The existing developments
serve households at different income levels. This has been, and will
continue to be an objective of the Town, to serve the broad spectrum of
need within the community rather than focusing on just a narrow category
of income or household type. The Town participation provides "catch up"
opportunities to address existing deficiencies and add to the overall
percent of employees living within the Town of Vail.
Achieves Objectives B, D, E, F, G, and H.
Explore Options for a Dedicated Funding Source for Employee
Housing Initiatives
The Town will explore options for a dedicated funding source to ensure
adequate and ongoing resources for employee housing initiatives. It is
recognized the Town will play an integral role in the creation of employee
housing and dedicated dollars will aid in these efforts. The Town may
pursue any of the following funding alternatives: a dedicated sales tax
increase, a dedicated mill levy increase, dedication of the Real Estate
Transfer Tax or any other funding source that may be identified. A
.
T~AN(~YtIL, " 15 Employee Housing
Strategic Plan
dedicated funding source would provide "catch up" housing opportunities
for Vail workers.
Achieves Objectives B, D, E, F, G, and H.
Create an Existing Residential Conditions Base Line in the Town of
Vail
Conduct a comprehensive study of current units. Identify the type of
units that exist (i.e. studio, one-bedroom, etc.), each unit's current use
(i.e. employee occupied, short-term rental, etc.), and the ownership of the
unit (i.e. owner-occupied, tenant occupied, etc.). This data will establish
the baseline against which future employee housing success will be
measured. The baseline conditions will support both "catch up" and
"keep up" efforts.
Achieves Objectives A, B, C, D, E, F, G, and H.
Monitor the Rate of Free Market Employee Occupied Homes
The Town will monitor the rate of free market homes occupied by local
workers, and deed-restricted homes, on a regular basis. Conversions of
free market residential units to second home owner units will be
considered in Vail's evaluation of progress toward the goals identified in
this Plan. This monitoring will support both °catch up" and "keep up"
efforts.
Achieves Objectives B, E, F, and G.
Conduct a Demographics Survey of Current Vail Residents
In order to better understand the current demographics of the local
population it is necessary to conduct a local survey. This will provide the
Town with back ground information to consider .in future housing policy
and development decisions to ensure the Town is maintaining a character
that is as diverse as it is today. This may occur in conjunction the Annual
Community Survey. This information will support "catch up" efforts.
Achieves Objectives A, B, D, E, F, and H.
„
~1+1~'Y~tI, " 16 Employee Housing
Strategic Plan
Establish a List of Essential Service Providers in the Town of Vail
Establish a list of essential service providers in the Town of Vail to
potentially partner with to ensure critical service workers live within the
Town of Vail. This information will support "catch up" efforts.
Achieves Objective D.
Host Personal Finance and/or Home Buyer Education
To encourage home ownership and create successful home owners it is
important to provide information and educational opportunities to
potential residents. This may also provide the encouragement current
renters or existing home owners may need to take the next step in the
housing market, freeing up their existing unit to house other employees.
This education may provide additional "catch up" opportunity.
Achieves Objectives B, D, E, and F.
Annual Review
In order to ensure the EHSP is always current and is responsive to
changing conditions, the Housing Authority shall review the EHSP annually
and changes shall be periodically recommended to the Town Council. The
purpose of these reviews shall be to ensure that progress on topics
related to employee housing is being maintained and that adjustments in
Objectives, Policies and Action Steps are made in a timely and specific
manner.
Achieves Objectives A, B, C, D, E, F, G, and H.
Regional Efforts:
In order to house employees associated with existing and anticipated
jobs, workforce housing will be required throughout the County as well as
in the Town. Vail will work actively with Eagle County officials and other
municipalities to look for regional solutions to providing housing. Further,
the need to provide transit services along with housing is also identified.
When developing housing for Vail employees in Down-Valley locations, the
cost of transit services will be considered in evaluations.
.
T~Id{~FYAIL " 17 Employee Housing
Strategic Plan
While furthering regional housing is an objective of the Town, it will occur
in concert with efforts in Vail, and in-Town deed-restricted housing will be
a priority. The Town believes that there are a finite number of
opportunities within Vail and these will be explored and pursued; Down-
Valley development will not be undertaken if it results in not being able to
participate in an opportunity within the Town's boundary.
Partnering opportunities for pown-Valley development will occur through
partnerships that may include not only the County, but also the Town of
Avon, Town of Minturn, Eagle County School District, the U.S. Forest
Service, and potentially private developers. The Dowd )unction area and
the Village at Avon are identified as particular areas of interest where
development opportunities are to be explored.
,
' 18 Employee Housing
Strategic Plan
IMPLEMENTATION MATRIX
WHO ESTIMATED PROPOSED
ACTION STEP IMPLEMENTS WHEN COST PRIORITY
Establish and Fund
VLHA Operating Town Council and 4th Quarter To Be
Bud et VLHA 2008 Determined A
Establish Baseline
"Existing
Conditions" for All Town Council and
Units VLHA 2009 20 000 A
Monitor Existing 1s' Quarter of
Conditions for All Town Council and Each Year
Units VLHA 2010 5 000 A
Monitor Rental and
Vacanc Rates Ea le Coun Continuous None A
Conduct Housing In conjunction with
Needs Assessment Ea le Coun 2010 10 000 A
Update Fee-in-Lieu
for Commercial Communiry
Linkage & Development Dept 1st Quarter of
Inclusiona Zonin and Consultant Each Year $2,000 A
Updated Rational Every Five
Nexus Stud Town of Vail Years 2011 15 000 A
Monitor Total
Number of )obs in 15t Quarter of
Town of Vail Town of Vail Each Year 2 000 A
Host Finance/ Home Buyer Education Classes VLHA Two Per Year 500 A
Town Council and
Bu Down Units VLHA Continuous 1 000 000 ear A
Establish Buy Down Town Council and 4th Quarter
Unit Criteria VLHA 2008 None A
Develop New For- Potentially more
Sale Housing at Town Council and than the value of
Chamonix VLHA 2010 the land A
7M (J~'~, ~ 19 Employee Housing
Strategic Plan
WHO ESTIMATED PROPOSED
ACTION STEP IMPLEMENTS WHEN COST PRIORITY
Develop Additional
Rental Housing at Town Council and Potentially the
Timber Rid e VLHA 2011 value of the land A
Town Council -
Com Dev Dept -
Establish an EHU VLHA 4th Quarter $10,000 for legal
Exchan e Pro ram Recommendation 2008 review A
Implement the EHU Com Development
Exchan e Pro ram De t. and VLHA Continuous None A
Town Council -
Review & Com Dev Dept -
Potentially Modify VLHA 1St Quarter of
Commercial Linka e Recommendation Each Year None A
Town Council -
Review & Com Dev Dept -
Potentially Modify VLHA 1't Quarter of
Inclusiona Zonin Recommendation Each Year None A
Town Council -
Identify Com Dev Dept -
Land/Development VLHA 2nd Quarter of
0 ortunities Recommendation Each Year None A
Town Council -
Prioritize Com Dev Dept -
Land/Development VLHA 2nd Quarter of Acquisition of
0 ortunities Recommendation Each Year Property A
Propose
Development Town Council and 2nd Quarter
and or Rezonin VLHA of Each Year Develo ment B
Town Council -
Com Dev Dept -
Review Housing VLHA 2nd Quarter
Zone District Recommendation of Each Year None B
Establish Incentive Town Council -
Zoning to Ensure Com Dev Dept -
No Net Loss of VLHA 2nd Quarter
Rental Housin Recommendation of Each Year None B
20 Employee Housing
Strategic Plan
WHO ESTIMATED PROPOSED
ACTION STEP IMPLEMENTS WHEN COST PRIORITY
None in 2009
Pursue a Dedicated Town Council and Begin lst Marketing in
Fundin Source VLHA uarter 2009 2010 B
Monitor Free Market
Real Estate VLHA and lst Quarter of
Transactions Consultant Each Year 5 000 B
Establish List of
Essential Service Town Council and 4th Quarter
Providers Town Staff 2008 None C
Create Partnerships
with Essential Town Council and
Service Providers VLHA Continuous None C
ROLES AND RESPONSIBILITIES
Roles and Responsibilities - The provision of deed-restricted housing is viewed as
a partnership between various boards within the Town, each having important
roles and responsibilities. As such, it is imperative that communications be
established and maintained between boards to achieve the goal and objectives
that are stated in this Plan. Efforts will be made to define, and periodically
refine, the roles and associated communications between the bodies identified
below.
The Town Council shall act in accordance with Town codes and shall fulfill their
decision-making functions as identified by local ordinances. Land Use
Regulations typically stipulate the review procedures to be followed in reviewing
a proposed development. Ultimately, most reviews require an affirmative
decision by the Town Council. Therefore, the Council will be the ultimate
decision-making body for developments that require Council review.
The Planning and Environmental Commission and the Design Review
Board also play an important development review role. These two boards will
review development proposals, consistent with the requirements of codes and
ordinances, to ensure that development is in compliance.
21 Employee Housing
Strategic Plan
The Vail Housing Authority (V.L.H.A.) plays a critical role in ensuring that
housing for long-term residents and seasonal employees is available in the Town.
This in turn, enhances the quality of life for local residents, and improves the
economic viability of the area. The V.L.H. A. mission:
The V.L.H. A. will play an advisory role to the Town Council and the Planning and
Environmental Commission on matters related to housing policy and
development. The Authoriry will use this Housing Plan as a working document to
guide future efforts. As identified in the EHSP, the Authority will work to carry
out the Action Steps over the next three years. The Authority's priorities will be
those contained in the EHSP as it is adopted, and as it may be modified following
subsequent annual reviews.
7W(~y,~j,'x 22 Employee Housing
Strategic Plan
GLOSSARY
The following definitions are applicable for the terms used in this Plan.
Area Median Income (AMI) Limits - most communities establish income limits for the
programs they administer based on the area median income (AMI) for the area according to
household size, which are adjusted annually by the Department of Housing and Urban
Deve%pment (HUD). Four different income categories are defined for various programs and
policies:
1. Extremelylow-income, which is less than 30 percent of the median family income;
2. Very low-income, which is between 30 and 50 percent of the median family income;
3. Low-income, which is between 50 and 80 percent of the median family income;
4. Middle income, which is between 80 and 120 percent of the median family income; and
5. Above middle income, which is over 120 percent of the median family income.
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
30% $17,050 $19,500 $21,900 $24,350 $26,300 $28,250 $30,200 $32,150
50% $28,400 $32,450 $36,500 $40,550 $43,800 $47,050 $50,300 $53,550
60% $34,080 $38,940 $43,800 $48,660 $52,560 $56,460 $60,360 $64,260
80% $41,900 $47,900 $53,850 $59,850 $64,650 $69,450 $74,200 $79,000
100% $56,800 $64,900 $73,000 $81,100 $87,600 $94,100 $100,600 $107,100
120% $68,160 $77,880 $87,600 $97,320 $105,120 $112,920 $120,720 $128,520
140% $79,520 $90,860 $102,200 $113,540 $122,640 $131,740 $140,840 $149,940
160% $90 880 $103 840 $116 800 $129 760 $140,160 $150 560 $160 960 $171 360
Catch-Up Housing - Housing needed to "catch-up" to current deficient housing
conditions. In this Plan, catch-up housing needs are defined by current resident households
reporting housing problems (overcrowded, cost-burdened and/or living in substandard
housing conditions), current renters and owners looking to purchase a home and in-
commuters that would like to move to Vail. Catch-up housing is generally addressed
through local city development initiatives, non-profits and housing groups and public/private
partnerships.
Housing Continuum, The - As illustrated below, it is possible to estimate the number of
resident households in the Town of Vail at various income levels. Vail's planning is based on
addressing the needs of households of different incomes, recognizing that there is a need to
ensure housing for a diversity of households.
7 m *Yiai 23 Employee Housing
Strategic Plan
80-100%AMI 120-140% AMI
' Max Rent $1,825 1001% AMI Max Rent $2,738
Max Price $241,432 $73,300 Max Price $334,741 3
140 % AMI
80% AMI
$53,850 50-80% AMI y~.
Max Rent $1,346 80-100 % AMI A~ Over 140 % AMI
Max Price $180,238 425 HH/17.4"/ Rent Over $2,738
50-80 % AMI Price Over $334,741
50% AMI 345NN114.1%
$36,500 "
,w
r_50% AMI aa50%AMI
Max Rent $913 401 HH1116.4%
Max Price $124,796
2007 Vail Households
EXISTING DEED RESTRICTED
EMPLOYEE HOUSING
Buzzard Park
Rent 24 Units
Town Employee Miller Ranch
Typically less than 120 % AMI For Sale 282 Units
Vail Commons, Red Sandstone, North Trail 60-120 % AMI
For Sale 77 Units 100 % AMI
100 % AMI or less $73,300
60 % AMI
$53,850 80-100' o AMI 100-140 % AMI
Max Rent 51.825 Max Income $109,500 740 % AMI
Max Price $241,432 Max Rent $2,738 $109,500
Max Price $334,741
Middle Creek
Rent 142 Units 50% AMI 50-80% AMI
Less than 60%. AM I: Max Rent $1,346
- - $36,500 Max Price $180.236
- - Over 140% AMI
Income Over $109.500 .
Rent Over $2,738
<=501% AMI Price Over $334,741
Max Rent $913
Maz Price S124,796 2007 Vail Households
Inclusionary Zoning - requires a minimum percentage of residential development be
provided to serve local employees as part of new residential developments (10 percent in
Vail). Inclusionary zoning is a housing production obligation based on the community's
need for employee housing as related to many factors, including a decreasing developable
supply of land, rising home values, insufficient provision of housing affordable to residents
by the market, etc., in addition to any direct employee generation impacts of development.
Keep-Up Housing - Housing units needed to keep-up with future demand for housing. In
this Plan, keep-up housing needs focuses on new housing units needed as a result of job
growth in Vail and new employees filling those jobs. Keep-up housing is often addressed by
the existing free-market, as well as regulatory requirements or incentives to produce
housing that is needed and priced below the current market.
24 Employee Housing
*iY
Strategic Plan
~.s.,.~...s ~ _ . . : ,._.,_,.n ~.,.:y~:~,:,;~,:~_.:~..
Levels of Homeownership - When discussing affordability of properties by Area Median
Income (AMI) level (defined above) and the types of homes households among different
AMI groups are seeking; reference is made to a couple different stages of homeownership.
This includes:
1. Entry-level ownership/first-time homebuyers: These are households typically earning in
the lower to middle income range. In Vail, these are households earning 50 to 100
percent of the AMI. These include households that currently rent (or otherwise do not
own a home) and are looking to purchase their first home.
2. Move-up buyers: These are households earning in the middle to upper income range
(about 100 to 120 percent AMI or higher) that may currently own a home and are
looking to purchase a new or different home for a variety of reasons (relocating,
growing family (e.g., having children), shrinking family (e.g., empty-nesters), etc.).
Mean - the average of a group of numbers, which is the sum of all the data values divided
by the number of items.
Median -the middle point in a data set.
.
~1+1C~Y~(L " 25 Employee Housing
Strategic Plan
RESOLUTION NO. 20
Series 2008
A RESOLUTION ADOPTING THE TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC
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 Town has determined that no less than thirty percent (30%) of Vail's
workforce should be provided deed restricted employee housing within the Town limits; and
WHEREAS, the Council has determined that in order to achieve the established goal it is
' critical to create an employee housing strategic plan establishing and clarifying the objectives
and action steps essential to achieve the stated goal; and
WHEREAS, the Vail Local Housing Authority and Council developed the Employee
Housing Strategic Plan over a period of six months that outlines the goal, objectives and action
steps; and
WHEREAS, the Vail Economic Advisory Committee provided input and direction on the
Employee Housing Strategic Plan at their May 13, 2008, and June 10, 2008, meetings; and
WHEREAS, the Planning and Environmental Commission provided input and direction
on the Employee Housing Strategic Plan at their August 25, 2008, Public Hearing; and
WHEREAS, the Council supports the implementation of the Vail Employee Housing
Strategic Plan; and
WHEREAS, the Employee Housing Strategic Plan will direct policy and budget decisions
in order to achieve the community's stated goal; and
WHEREAS, it is the intention of the Council and the Housing Authority to implement the
Employee Housing Strategic Plan over the next three years.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. The Council hereby approves the Town of Vail Employee Housing Strategic Plan,
dated September 2, 2008, attached hereto as Exhibit A.
2. The Council hereby finds:
A. That the Employee Housing Strategic Plan is consistent with the applicable
elements of the adopted goa/s, objecfives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of
the Town; and,
e
TDI~1(~~'AiL ' 26 Employee Housing
Strategic Plan
B. That the Employee Housing Strategic Plan furthers the general and specific
purposes of Zoning Regulations; and,
C. That the Employee Housing Strategic Plan promotes the health, safety,
morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort
and residential community of the highest quality
3. This Resolution shall be effective immediatety upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of September, 2008.
Richard D. Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
.
TD~lV4F~~iG ' 27 Employee Housing
Strategic Plan
PROCESS TIMELINE
Vail Town Council
May 6, 2008 Work Session
Affirm housing goals and purpose of the EHSP
Review proposed actions and timeline
July 1, 2008 Work Session
]uly 15, 2008 Special Work Session
Identify and affirm objectives and action steps
Confirm overall direction of the EHSP
August 19, 2008 Work Session
Identify and affirm the SWOT analysis
Affirm overall direction of the EHSP
September 2, 2008
Adopt the Town of Vail Employee Housing Strategic Plan
Planning and Environmental Commission
August 25, 2008 Work Session
Provide feedback on the EHSP
Vail Local Housing Authority
March 24, 2008 VLHA Work Session
Met with consultant (Chris Cares)
Dusted off previous work towards a TOV Strategic Plan
April 10, 2008 VLHA Work Session
Review and update proposed actions and timeline
April 24, 2008 VLHA Work Session
Further refine actions and timeline for Council meeting
May 13, 2008 Vail Economic Advisory Council
Discussion of Housing Objectives
May 15, 2008 VLHA Work Session
,
't~FYl1~ ` 28 Employee Housing
Strategic Plan
June 10, 2008 Vail Economic Advisory Council
Further discussion of Housing Objectives
June 10, 2008 VLHA Work Session
June 24, 2008 VLHA Work Session
July 8, 2008 VLHA Work Session
. July 22, 2008 VLHA Work Session
SWOT Analysis
August 12, 2008 VLHA Work Session
SWOT Analysis
August, 2008 Meet with Local Employers
August 26, 2008 VLHA Work Session
Review Planning Commission feedback
Implementation Matrix Review
.
TC~NOF~~ ' 29 Employee Housing
Strategic Plan
RESOLUTION NO. 21
Series of 2008
A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF
VAIL LEGALLY DESCRIBED AS GORE RANGE CONDOMINIUM UNIT #3-W, EAGLE
COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2189 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 Town has established employee housing requirements for new
development and may collect a fee-in-lieu as mitigation; and
WHEREAS, the Town collects the fee-in-lieu for the purpose of establishing new
employee housing units; and
WHEREAS, the Town has collected fee-in-lieu for employee housing mitigation;
and
WHEREAS, the Town will be using these funds to purchase the proposed unit;
and
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to purchase the property legally described as Gore Range Condominiums
unit 3-W, Eagle County, Colorado with a physical address of 2189 Chamonix Lane, Vail
Colorado (the "Property"); and
WHEREAS, the Council's approval of this Resolution No. 21, Series 2008, 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 $309,000.00.
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 7th day of October, 2008.
Resolution No. 21, Series 2008
Dy~1ll' , F
•.Rr
. .
i SEAL s
Dick Cleveland,
~'p~'•••''~~Q Mayor of the Town of Vail, Colorado
ORP
ST:
~
ore ei Donaldson,
To n Clerk
Resolution No. 21, Series 2008
RESOLUTION NO. 22
Series of 2008
A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF
VAIL LEGALLY DESCRIBED AS GORE RANGE CONDOMINIUM UNIT #2-E, EAGLE
COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2189 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 Town has established employee housing requirements for new
development and may collect a fee-in-lieu as mitigation; and
WHEREAS, the Town collects the fee-in-lieu for the purpose of establishing new
employee housing units; and
WHEREAS, the Town has collected fee-in-lieu for employee housing mitigation;
and
WHEREAS, the Town will be using these funds to purchase the proposed tunit;
and
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to purchase property legally described as Gore Range Condominium Unit
#2-E, Eagle County, Colorado with a physical address of 2189 Chamonix Lane, Vail
Colorado (the "Property"); and
WHEREAS, the Council's approval of this Resolution No. 22, Series 2008, 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 $290,000.00.
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 7th day of October, 2008.
Resolution No. 22, series 2008
~•'wN'O~L
~
.
. .
.
~••i Clev ,
'e•+49900
Do_. yor of the Town of Vail, Colorado
~a
*releii ds n,
Resolution No. 22, series 2008
RESOLUTION NO. 23
Series of 2008
A RESOLUTION UPDATING THE VAIL VILLAGE MASTER PLAN, PURSUANT TO THE PROCESS
AND PROCEDURES OUTLINED IN SECTION VIII-B, ADOPTION, EXTENSIONS AND
AMENDMENTS OF THE VAIL VILLAGE MASTER PLAN; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, on January 16, 1990, the Vail Town Council adopted the Vail Village Master Plan;
and
WHEREAS, Section VIII-B of the Vail Village Master Plan outlines a process and procedures
for updating the Master Plan; and
WHEREAS, the Town of Vail Community Development Department has submitted a
development application proposing certain updates to the Master Plan; and
WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing
on the proposed updates on July 28, 2008, and has forwarded a recommendation of approval, with
modifications, of the updates to the Town Council by a vote of 7-0-0; and
WHEREAS, the purpose of the updates is to reaffirm the goals, objectives, policies and action
steps of the Master Plan; to identify those projects and action steps that have been completed; and to
identify those next series of actions steps needed to implement the recommendations of the Master
Plan; and
WHEREAS, the Town Council finds that conditions have changed in Vail Village which
warrant the proposed updates and that said updates are in keeping with the goals, objectives, and
policies prescribed by the Master Plan in general.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council of the Town of Vail hereby updates the Vail Village Master Plan as follows:
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE
ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF
COMMUNITY AND IDENTITY.
1.1 Obiective:
Implement a consistent development review process to reinforce the character of the
Village.
1.1.1 Policy
Development and improvement projects approved in the Village shall be consistent with
the goals, objectives, policies and design considerations as outlined in the Vail Village
Master Plan and Urban Design Guide Plan.
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1.2 Obiective:
Encourage the upgrading and redevelopment of residential and commercial facilities.
1.2.1 Policy:
Additional development may be allowed as identified by the Action Plan and as is
consistent with the Vail Village Master Plan and Urban Design Guide Plan.
1.2.2 Policy:
Development and improvement projects shall be coordinated to minimize the unintended
negative consequences associated with construction activity in a pedestrianized,
commercial area. For instance, the noise abatement, project completion guarantees,
temporary parking, traffic control, etc.
1.3 Obiective:
Enhance new development and redevelopment through public improvements done by private
developers working in cooperation with the town.
1.3.1 Policy:
Public improvements shall be developed with the participation of the private sector
working with the Town.
1.4 Obiective:
Recognize the "historic" importance of the architecture, structures, landmarks, plazas and
features in preserving the character of Vail Village.
1.4.1 Policy:
The historical importance of structures, landmarks, plazas and other similar features shall
be taken into consideration in the development review process.
1.4.2 Policy:
The Town may grant flexibility in the interpretation and implementation of its regulations
and design guidelines to help protect and maintain the existing character of Vail Village.
1.4.3 Policy:
Identification of "historic" importance shall not be used as the sole means of preventing or
prohibiting development in Vail Village.
GOAL #1 Action Steps:
1. Develop and adopt an overlay zone district-implementing the Vail Village Master Plan
2. Study and implement an impact fee system to reduce the public burden of providing
infrastructure and public services to new development.
3. Repriaritize public improvement projects within the Village area.
4. Develop and adopt an annual construction activity schedule for development and
improvement projects in the Village with special attention given to the use of the Town's
right-of-way and the potential negative impacts on the resident and guest experience.
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5. Explore the impacts of amending the definition of a"building story" as defined on the
Conceptuat Building Height Plan to allow for an increase in the floor-to-floor height to
greater than 9 feet.
6. Compile a list and develop a map identifying the location of potential structures,
landmarks, plazas and other similar features that may be of historical importance.
7. Explore the option of requiring the execution of performance completion bonds to ensure
that projects which are started in Vail Village are fully completed.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR-AROUND ECONOMIC
HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE.
2.1 Obiective:
Recognize the variety of land uses found in the 11 sub-areas throughout the Village and allow for
development that is compatible with these established land use patterns.
2.1.1 Policy:
The zoning code and development review criteria shall be consistent with the overall goals
and objectives" of the Vail Village Master Plan.
2.2 Obiective:
Recognize the importance of Vail Village as a mixed use center of activities for our
guests, visitors and residents.
2.2.1 Policv:
The design criteria in the Vail Village Urban Design Guide Plan shall be the primary
guiding document to preserve the existing architectural scale and character of the core
area of Vail Village.
2.3 Obiective:
Increase the number of residential units available for short term overnight
accommodations.
2.3.1 Policv:
The development of short term accommodation units is strongly encouraged.
Residential units that are developed above existing density levels are required to be
designed or managed in a manner that makes them available for short term overnight
renta l.
2.4 Obiective:
Encourage the development of a variety of new commercial activity where compatible with
existing land uses.
2.4.1 Policy:
Commercial infill development consistent with established horizontal zoning regulations
shall be encouraged to provide activity generators, accessible greenspaces, public
plazas, and streetscape improvements to the pedestrian network throughout the Village.
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2.4.2 Policv:
Activity that provides night life and evening entertainment for both the guest and the
community shall be encouraged.
2.5 Obiective:
Encourage the continued upgrading, renovation and maintenance of existing lodging and
commercial facilities to better serve the needs of our guests.
2.5.1 Policv:
Recreation amenities, common areas, meeting facilities and other amenities shall be
preserved and enhanced as a part of any redevelopment of lodging properties.
2.5.2 Policv:
The town will use the maximum flexibility possible in the interpretation of building and fire
codes in order to facilitate budding renovations without compromising life, health and safety
considerations.
2.6 Obiective:
Encourage the development of employee housing units in Vail Village through the efforts
of the private sector.
2.6.1 Policv:
Employee housing units may be required as part of any new or redevelopment project
requesting density over that allowed by existing zoning.
2.6.2 Policy:
Employee housing shall be developed with appropriate restrictions so as to insure their
availability and affordability to the local work force.
2.6.3 Policv:
The Town of Vail may facilitate in the development of affordable housing by providing
appropriate assistance.
2.6.4 Policv:
Employee housing shall be developed in the Village when required by the Town's
adopted Zoning Regulations.
2.7 Obiective:
Encourage the development of multi-use special events venues and infrastructure (ie, publicly
accessible restrooms, power and utilities, etc.) within Vail Village in cooperation with the private
sector.
2.7.1 Policv:
The development of new special event venues and improvements to existing venues shall
be strongly encouraged to reinforce the important role that special events play in the
promoting a year-round economy in Vail Village.
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GOAL #2 Action Steas:
1. fnitiate zoning code tnodificatrorts to c:larify fhe Urbart Design Guide Plan's authority to
cover those areas vcitsic~e of: Carrrrrret-cia1 Cor-e 1 that are referenced by the Llrban Design
Guide Pfaf7. (Completect)
2. Develop and adopt an Economic Development Strategic Plan for the Town of Vail.
3. Create a special events venue map for Vail Village. The map should include existing and
potential special event venue locations with an indication of how many participants the
venue can accommodate. Other logistical considerations such as event set up
configurations, vehicular access, pedestrian circulation, emergency vehicle
accommodations, compatibility with adjacent and surrounding uses, etc. should also be
noted on the map.
4. In cooperation with the Eagle River Water and Sanitation District, explore the creation of
stormwater management regulations aimed at preserving and protecting the water quality
of Gore Creek to ensure that the creek and its adjacent riparian corridors remains healthy
and vibrant.
5. Explore the adoption of land use policies regarding certain land uses (ie real estate offices,
professional offices and similar non-retail uses) addressing horizontal zoning of public
accommodation zone district properties within the area governed by the Vail Village Master
Plan.
6. Establish a clear policy related to the use of the public right-of-way and other similar public
property for the outdoor display of inerchandise and goods and make any amendments to
the town's adopted codes as necessary to implement the desired policy.
GOAL #3: TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING
EXPERIENCE THROUGHOUT THE VILLAGE
3.1 Obiective:
Physically improve the existing pedestrian ways by landscaping and other
improvements.
3.1.1 Policy;
Private development projects shall incorporate streetscape improvements (such as
paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian
ways.
3.1.2 Policy
Public art and other similar landmark features shall be encouraged at
appropriate locations throughout the Town.
3.1.3 Policy:
Flowers, trees, water features, and other landscaping shall be encouraged throughout the
Town in locations adjacent to, or visible from, public areas.
3.2 Obiective:
Minimize the amount of vehicular traffic in the Village to the greatest extent possible.
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3.2.1 Policy
Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels
in the pedestrianized areas of the Village.
3.3 Obiective:
Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas.
3.3.1 Policv:
The Town encourages a regulated program of outdoor street activity in predetermined
locations throughout the Village.
3.3.2 Policv:
Outdoor dining is an important streetscape feature and shall be encouraged in commercial
infill or redevelopment projects.
3.4 Obiective:
Develop additional sidewalks, pedestrian-only walkways and accessible green space areas,
including pocket parks and stream access.
3.4.1 Policy:
Physical improvements to property adjacent to stream tracts shall not further restrict
public access.
3.4.2 Policy:
Private development projects shall be required to incorporate new sidewalks along
streets adjacent to the project as designated in the Vail Village Master Plan and/or
Recreation Trails Master Plan.
3.4.3 Policy:
The "privatization" of the town-owned Gore Creek stream tract shall be strongly
discouraged.
3.4.4 Policv:
Encroachment of private improvements on the town-owned Gore Creek stream tract shall
be prohibited.
3.4.5 Policv:
The Town shall require the removal of existing improvements constructed without the
Town's consent within the town-owned Gore Creek stream tract.
GOAL #3 Action Steps:
lnifiafe a comprehensive Iighfing plat7 far all public spaces in Vai{ Village. (Comptefed)
2. Amend the Design Review Guidelines to recognize the concept of "winterscape" in the
evaluation of landscape plans.
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3. Identify additional locations and funding strategies for the development of additional
public restrooms in the Village.
4. Sfudy walking-onty paths and strearrr access on pcibtic property, (Ccarrapleted)
5, Initiate the Vail VrlPage Streetscap~.~ /mprovement Pfat) ta serve as a ccarrcepfi ptan for
subseqzrerrt irnprovements to pu:btic places in tf-re Village. (Cat-nplefed)
6. L?esignate an Arts in Public Places Board to prodcace and/ar review prapcasals fQr pciblic
art alartg pedestriarr ways, (Cornpteted)
7. Expand the summer flower planting program and encourage private sector participation.
8. Cantinue to improve traffic control systems--effectiveness and appearance.
9. Monitor time zoning and revise as possible. Continue to explore alternative service/delivery
mechanisms, especially an off-site warehouse with small vehicle distribution in the Village.
10. Construct new sidewalks and recreation trails as per the Recreation Trails Master Plan--
Core Area Detail.
GOAL #4: TO PRESERVE EXISTING OPEN SPACE AREAS AND EXPAND GREENSPACE
OPPORTUNITIES.
4.1 Obiective:
Improve existing open space areas and create new plazas with greenspace and pocket parks.
Recognize the different roles of each type of open space in forming the overall fabric of the
Village.
4.1.1 Policy:
Active recreation facilities shall be preserved (or relocated to accessible locations
elsewhere in the Village) in any development or redevelopment of property in Vail
Village.
4.1.2 Policy:
The development of new public plazas, and improvements to existing plazas (public art,
landmarks, historic features, streetscape features, seating areas, etc.) shall be strongly
encouraged to reinforce their roles as attractive people places.
4.1.3 Policy
With the exception of ski base-related facilities, existing natural open space areas at
the base of Vail Mountain and throughout Vail Village and existing greenspaces shall
be preserved as open space.
4.1.4 Policv:
Open space improvements including the addition of accessible greenspace as
described or graphically shown in the Vail Village Master Plan and/or Urban
Design Guide Plan, will be required in conjunction with private infill or
redevelopment projects.
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4.2 Obiectives:
Improve and expand the opportunity for active and passive recreational activity throughout
the Village.
4.2.1 Policv:
Continue the implementation of the Ford Park Master Plan as this will provide
important recreational opportunities to residents and guests.
GOAL #4 Action Steps:
1. Develop pocket parks with passive recreational improvements including benches, paths,
children's play facilities and stream access in appropriate Town-owned parcels.
2. Evaluate additional opportunities for the purchase of additional parcels for open space and/or
public use.
3. Explc~~~e ffie "Milf Creefc Retait Area" a,~ part of ffre Village Streefscape F'rojec[.
(Compleled)
4. Connect streamwalks to other walkways and pocket parks in order to integrate and enhance
the total pedestrian nefinrork.
5. Revegetate and restore disturbed areas along stream tracts.
6. 1mproue or remove the Wittaur Brfrfge pedesfrian bt°idge.
7, Restore the Town s170w cfump, inclcrding stream tracf, ta its nafural stafe.
8. Explore the feasibility of expanding Ford Park to the west to Vail Valley Drive and/or Slifer
Plaza along the Gore Creek stream tract to provide improved pedestrian and handicapped
access to the Park.
9. Identify opportunities to improve and enhance the forest health within and immediately around
Vail Village to mitigate the damage caused by the pine beetle and similar tree diseases and
infestations.
10. Continue to develop and implement wildland interface initiatives aimed at reducing the threat
of the loss of property and life due to the risk of wildland fires.
GOAL #5: INCREASE AND IMPROVE THE CAPACITY, EFFICIENCY, AND AESTHETICS OF THE
TRANSPORTATION AND CIRCULATION SYSTEMS THROUGHOUT THE VILLAGE.
5.1 Obiective:
Meet parking demands with public and private parking facilities
5.1.1 Policy
For new development that is located outside of the Commercial Core I Zone District, on-
site parking shall be provided (rather than paying into the parking fund) to meet any
additional parking demand as required by the zoning code.
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5.1.2 Policv:
The expansion of the Vail Village parking structure shall maximize the number of
additional parking spaces available for public parking.
5.1.3 Policv:
Seek locations for additional structured public and private parking.
5.1.4 Policv:
Continue to promote the lease parking program as a means for maximizing the
utilization of private parking spaces.
5.1.5 Policv:
Redevelopment projects shall be strongly encouraged to provide underground or visually
concealed parking.
5.1.6 Policv:
Development and redevelopment projects shall be strongly encouraged to provide ample
temporary parking for construction workers for the duration of a construction project to
minimize impacts on our guests and visitors resulting from the loss of public parking.
5.2 Obiective:
Encourage the use of public transportation to minimize the use of private automobiles throughout
Vail.
5.2.1 Policy:
The Town and its regional partners shall continue to provide an efficient transit system
and increase service levels as needed to meet demand.
5.2.2 Policv:
The Town shall facilitate and encourage the operation of private shuttle vans outside of
the pedestrianized core area.
5.3 Obiective:
Concentrate the majority of interconnecting transit activity at the periphery of the Village
to minimize vehicular traffic in pedestrianized areas.
5.3.1 Policv:
The Vail Transportation Center shall be the primary pick up and drop off point for public
transit and private shuttle vans and taxis.
5.4 Obiective:
Improve the streetscape circulation corridors throughout the Village.
5.4.1 Policv:
The Town shall work with the Colorado Division of Highways toward the
implementation of a landscaped boulevard and parkway along the South Frontage
Road.
5.4.2 Policv:
Medians and right-of -ways shall be landscaped.
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GOAL #5 Action Steqs:
1. Construct vehicular circulation and signage improvements designed to reduce
unnecessary traffic into the Village core.
2. Continue to monitor traffic flow through the roundabout areas and study alternatives available
to increase efficiency of this intersection and' meet future traffic demands.
3. Continue to study the feasibility of a"people mover" or other public transportation alternatives
to augment or replace the existing shuttle system.
4. Vi1lage parkirrg policies (both parking req=.iirernents and properties eligib9e for payirtg infa fhe
parkirig fund) f01t0wi17g the cornpletict? of ttte Town's Parkirrg and rratispartatfon Study.
5. Study the feasibility of an underground (recreation fields would remain), parking structure in
Ford Park.
6. Review Chapter 10, Off Street Parking And Loading, Title 12, Zoning Regulations, to identify
additional opportunities to further enhance the maximum utilization of private parking
spaces within the master plan study area.
7. Evaluate options for establishing regulatory requirements for development and redevelopment
projects to provide ample temporary parking for construction workers for the duration of a
construction project.
GOAL #6: TO ENSURE THE CONTINUED IMPROVEMENT OF THE VITAL OPERATIONAL ELEMENTS
OF THE VILLAGE.
6.1 Obiective:
Provide service and delivery facilities for existing and new development.
6.2 Obiective:
Provide for the safe and efficient functions of fire, police and public utilities within the
context of an aesthetically pleasing resort setting.
6.2.1 Policy:
Development projects and other improvements in Vail Village shall be reviewed by
respective Town departments to identify both the impacts of the proposal and potential
mitigating measures.
6.2.2 Policy:
Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be
permitted on Town of Vail land or right-of-way (with review and approval by the Town
Council and Planning and Environmental Commission when applicable) provided that
Town operations such as snow removal, street maintenance and fire department access
and operation are able to be maintained at current levels. Special design (i.e. heated
pavement), maintenance fees, or other considerations may be required to offset impacts on
Town services.
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GOAL #6 Action Steps:
1. Study feasible alternatives for providing long range solutions for loading and delivery
functions in the Village.
2. Work closely on an ongoing basis with Upper Eagle Valley Water and Sanitation District
to ensure adequate water and sewer facilities to accommodate future development.
3. Study feasible alternatives for and implement centralized trash/recycling facilities in the
Commercial Core I area.
4. Work closely with the Vail Village business owners, property owners, lodge owners,
residents and all other potentially affected parties on an ongoing basis to optimize the
use of the Town's dispersed load i ng/del ivery facilities and minimize the use of the
Town's right of way for loading/delivery activities.
5. Create and expand the use of management committees comprised of all potentially
affected parties to address parking, traffic, special events, construction impact, etc.
issues that may arise.
INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of September, 2008.
,~Ow N ,
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hard D. Clevel , ayor, own f Vail
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L¢rel ~i Donaldson, Town Clerk
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RESOLUTION NO. 24
Series of 2008
A RESOLUTION APPROVINGTHE AMENDED 2008 BUDGET FOR THE VAIL
LOCAL MARKETING DISTRICT, AND AUTHORIZING THE EXPENDITURES OF
SAID APPROPRIATIONS AS SET FORTA HEREIN; 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, contingencies have arisen during the fiscal year 2008 which could not
have been reasonably foreseen or anticipated by the Vail Local Marketing District Board at
the time it enacted Resolution No. 24, Series 2007, adopting the 2008 Budget for the Vail
Local Marketing District (the "VLMD") of Vail, Colorado; and
WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing
has been published; and
WHEREAS, notice of this public hearing to consider the adoption of the amended
VLMD budget was published in the VAIL DAILY on the l Oth day of November, 2008.
NOW THEREFORE, LET IT 13E RESOLVED by the Town Council of the Town of Vail,
Colorado, as follows:
Section 1. The Council approves the amended budget of the VLMD for the
2008 budget, and appropriates an additional $550,000 for marketing related
expenditures attached hereto as Exhibit A.
Section 2. The Council hereby finds, determines and declares that this
Resolution is neccssary and proper for the health, safety and welfare of the Town and the
inhabitants thercof.
Section 3. This Resolution shall be effective immediately upon adoption. ,
INTRODUCED, READ, APPROVED AND ADOPTED This 18th day of November,
2008.
Attested: Signed:
~
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4orei Donaldson, Town Clc jI~ e e a d, Town Mayor
'r
Resolution No. 24, Series 2008 ~ADO
'
Vail Local Marketing District
2008 Budget
zooe zoos
2007 Original Amended 2nd Proposed
Actual Budget Budget Supplemental Amended
Income
310 • Lodging Tax 2,063,915 2,075,000 2,075,000 2,075,000
313 • Other Income: Transfer from Gen'I Fund 3,837 550,000 550,000
399 • Interest Income 11,053 6,500 6,500 6,500
Totallncome 2,078,805 2,081,500 2,081,500 550,000 2,631,500
Expense
6301 • Destination
6301.01 • Advertising 158,790 235,000 285,000 150,000 435,000
Total 6301 • Destination 158,790 235,000 285,000 150,000 435,000
6302 • Front Range
6302.06 • Advertising 305,556 244,500 269,500 200,000 469,500
6302.07 • Partnerships 201,691 240,000 240,000 240,000
Total 6302 • Front Range 507,247 484,500 509,500 200,000 709,500
6303 • Groups and Meetings
6303.07 • Advertising 65,000 85,940 85,940 85,940
6303.03 • Marketing Services 43,000 54,500 54,500 54,500
6303.04 • TravellTradeshows 123,000 101,500 101,500 101,500
6303.05 • Memberships 2,000 5,000 5,000 5.000
6303.11 • Familiarization Trips 26,500 25,000 42,500 42,500
8303.15 • Public Relations 10,000 15,000 15,000 15,000
6303.17 • Direct Sales 12,000 12,000 12,000 12,000
Total 6303 • Groups and Meetings 281,433 298,940 316,440 - 316,440
6304 • Public Relations Expenses 107,628 116,000 170,000 170.000
6305 • Fulfillment 636 4,000 4,000 4,000
6306 • Photography 57,014 55,000 55,000 55,000
6307 • Research 27,918 19,500 19,500 19,500
6310 • Admin Misceilaneous 5,097 10,000 10,000 10,000
6311 • Database Mgmt 8 Direct Mail 1,370 6,000 6,000 150,000 156,000
6314 • Collateral 23,688 9,000 9,000 9,000
6315 • Web 8 Email Marketing 57,213 75,000 75,000 75,000
6316 • Events 53,000 53,000 153,000 50,000 203,000
6317 • Cross Sell 3,393 -
6318 • Asset Marketing 148,000 148,000 148,000
6400 • Contingency 7,092 37,500 16,682 16,682
7000 • Professional Fees -
7001 • Legal and Accounting 21,097 18,000 20,000 20,000
7003 • Advertising Agent Fees 57,614 62,000 62,000 62,000
7004 • Media Agency Fees 20,000 20,000 20,000 20,000
7007 • Marketing Coordination-WPITOV 115,000 125,000 125,000 125,000
7008 • PR - Professional Fees 90,000 100,000 103,500 103,500
7009 • Web Site 80,261 95,000 95,000 95,000
7010 • Strategic Advisory Fess 43,712 97,000 115,818 115,818
7011 • Partnership 97,500 120,678 120,678 120,678
7012 • Air Service 20,000 20,000 20,000 20,000
7013 • Concierge Program 28,000 23,000 23,000 23,000
7014 • TOV Loan Repayment 37,000 - - -
Tota17000 • Professional Fees 610,184 680,678 704,996 - 704,996
Total Expense 1,901,703 2,232,118 2,482,118 550,000 3,032,118
Netlncome 177,702 (750,618) (400,618) - (400,818)
Beginning Fund Balance 825,792 825,792 1,002,894 1,002,894
Ending Fund Balance• 1,002,894 675,174 602,276 602,276
*Includes TOV Capital Contribution - - -
Percent of Fund Balance to Revenue 48% 32% 29% 23%
Exhibit A