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HomeMy WebLinkAbout2010-28 A Lease Agrement with CDOT regarding Parking Along the Non_Travel Lanes of I70 Frontage Roads RESOLUTION NO. 28(A) Series of 2010 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING PARKING ALONG THE NON - TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED WITHIN THE LIMITS OF THE TOWN; 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 ") entered into a Lease Agreement (the "Lease ") which included a permit parking program utilizing the Vail Frontage Roads (the "Premises ") for the 2009 -2010 ski season; and I WHEREAS, On September 30, 2010, the Town Manager sent a letter to CDOT outlining the terms of a Lease to use the Premises for the permit parking program as well as overflow skier parking for the 2010 -2011 ski season; and WHEREAS, the Town and CDOT now wish to enter into the Lease to lease the Premises for the 2010 -2011 ski season. 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 Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. j INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21 day of December, 2010. TKIL - 170 i 2 Richard Cleveland j Town Mayor T. orel i Donaldson, W� Town Clerk V` i I �I s Resolution No. 28, Series 2010 x 4 € PROPERTY MGMT.NO. NO: PROJECT 170-2(71183 LOCATION: 1 -70 frontage roads within the limits of the Town of Vail E i F LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT made and entered into this day of by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor', and THE TOWN OF VAIL, COLORADO thereinafter referred to as "Lessee ". I WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred I to as "Premises" located along the non - travel lanes of the Interstate 70 (1 -70) frontage roads located a within the limits of the Town of Vail in Eagle County, Colorado The leased Premises are shown on the r maps attached hereto, made a part hereof and marked "Exhibit A ", consisting of three (3) map sheets. 2. TERM The term of this lease shall begin on the date first above written and end on May 1. 2011 subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $20.000.00 for the entire term of this Lease. Payment shall be made payable to the Colorado Department of Transportation at: Colo. Dept. of Transportation C/o Accounting Receipts & Deposits 4201 East Arkansas Ave., Rm. 212 Denver, CO 80222 i or at such place as Lessor from time to time designates by notice as provided herein. i I In the event Lessor has not received the rental installment hereunder on or before December 30, 2010, a late charge of five percent (5 %) of the total installment will be assessed to Lessee. In the event the entire rental fee plus any late fees are not paid to Lessor by Lessee on or before January 30, 2011, Lessee I shall be in default of this Lease Agreement, this Lease shall automatically terminate, Lessee shall vacate the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee. 4. USE. It is understood and agreed that the Lessee intends to use the Premises only for public permit parking program and for general peak period public overflow parking at times Lessee's off-street parking facilities are anticipated or have reached full capacity. Any other use of the Premises shall j constitute a material breach of this Lease and may, at Lessors option, cause this Lease to immediately i terminate. 5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, i and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be Rev.3106 i Page 1 of 8 t p j' I I I g l 1 � E d i, bome by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. i 6. HOLD HARMLESS. The Lessee shall save, indemnity and hold harmless the Lessor and the Federal Highway Administration (FHWA) for any and all liabilities, costs, damage or loss to persons or property, including death, resulting from this Lease Agreement_ 7. OWNERSHIP. The State of Colorado is the owner of the Premises. Lessor warrants and , represents himself to be the authorized agent of the State of Colorado for the purposes of granting this ; t Lease. l s I i 8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised Premises without specific written permission of the Lessor 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, except as is hereby authorized pursuant to Sections 23(b) and 23(c) below. f 9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant i thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of E 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 Nall not invalidate the remainder of this Lease to the extent that this agreement is capable of execution. 10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of ! j the term of this Lease, Lessor has the right to cancel the lease without liability by giving Lessee J0-0av written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail, return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30-day written notice of its intent to do so. l 11. 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 I except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto f shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shalt have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this i Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terns 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. 13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee z has any personal or beneficial interest whatsoever in the service or property described herein. Rev.3/06 Page 2 of 8+ 6 k t 5 i d Y ¢ k q k Y 14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which a shall constitute a nuisance or public annoyance. 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. The signatories aver that to their I knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by registered or certified mad, return receipt requested, to the party at the address as hereinafter provided, s and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage i attached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation Town of Vail i Property Management Manager 75 South Frontage Road 15285 S. Golden Rd., Bldg. 47 Vail, CO Golden, Colorado 80401 Attn: Town Manager Phone: 970 -479 -2106 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address 3 listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. 16. HOLDING OVER. Lessee shall not occupy or use the Premises, nor allow any other party to occupy or use the Premises, after the expiration or sooner termination of this Lease. Lessee shall not become a Holdover Lessee or month -to -month tenant upon expiration or earlier termination of this Lease. 17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee. F 18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, i claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean -up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials I the Lessee or its employees, agents, contractors, officials or sub - lessees have caused to be located, disposed, or released on the Premises. Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by Lessee without the express written prior permission of Lessor. Any such structure or improvement erected or moved upon the r s Premises without the express written consent of Lessor may be immediately removed by Lessor at the expense of Lessee. Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by Lessee and may be j immediately removed by Lessor at Lessee's expense. 20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. i Rev.3M6 Page 3 of 8 4 s f i I ¢i; { a r r s Y s 21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor, (3) This Lease or any interest of ` 1 Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall l constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other € rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such i i notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re -enter the Premises and remove therefrom all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or i of such termination. k (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in 9 this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages to the Premises beyond its present condition. t (d) Upon Lessee's failure to remove its personal property from the Premises after the expiration i a of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives ail claims for damages that may be caused by Lessor's removal of property as herein provided. 1 22. INSURANCE. (Revised 2006 per State Controller Requirements) 3 (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, y insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for Lessee on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its l E inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. 4 (b) Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 4. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10193 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: 1. $1,000,000 each occurrence; 2. $2,000,000 general aggregate; 3. $50,000 any one fire. Rev.3J06 Page 4 of S i t i i I f i f ' f f r 3 { Y t If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee, or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and fumish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. # (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of f $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional { Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an f extended reporting period of at least two year following finalization of the Lease. r (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional Insured. I 't l I (f) CDOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self- insurance program carried by the State of Colorado. I (g) The Insurance shall include provisions preventing cancellation or non - renewal without at r, least 30 days prior notice to CDOT by certified mail to the address contained in this document.' (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by f insurance companies satisfactory to CDOT. (j) In order for this lease to be executed, the Lessee, or as applicable, its Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance ? with the provisions of this section. Insurance coverage must be in effect or this lease is in default. i (k) Notwithstanding subsection (a.) of this section, if the is a'public entity" within the 4 meaning of the Colorado Governmental Immunity Act CRS 24-10 -101, et sea ., as amended ( "Acr), the Lessee shall at all times during the term of this Lease maintain only such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are not required to name CDOT as an Additional I nsured. (I) If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. I l s Rev.3106 k Page 5 of 8 f I E E i r r I 4 4% i gg F r a €' f 23. ADDITIONAL PROVISIONS. i (a) Lessor and Lessee agree to form a working group to develop, analyze and recommend � alternatives, milestones, schedules, tasks and resources required for either: (1) COOT i relinquishing portions of the South Frontage Road to the Town of Vail, or (2) COOT retaining ownership of the South Frontage Road with the conditions that either (a) parking within the South Frontage Road will forever cease, or (b) all or portions of the South Frontage Road will be improved to standards acceptable to both COOT and FHWA to accommodate safe operations for parking and pedestrian crossings, or (3) combinations of 1 and 2 above. The working group shall meet no less than once per month and shall complete and submit its recommendations to COOT management, Town of Vail management and FHWA no later than August 31, 2011. Items of understanding to be addressed by the working group shall include but are not limited by the items outlined in the Town of Vail's September 30, 2010 letter to Mr. Dave Eller attached for reference as Exhibit B. (b) Lessee may issue a maximum of three- hundred (300) permits to parking patrons to allow & parking during the term of this Lease. Vail may charge fees for said permits subject to the terms and conditions stated in Section 23(c) below; provided, however, that the issuance of ? such permits shall be made without any type of discrimination prohibited by the laws of the i United States of America and/or the State of Colorado. Permit holders are not to be considered as sub - lessees under this Lease Agreement; no condition or restriction imposed or created by Lessee with respect to the issuance of such permits shall serve to lessen, sever or assign the duties, obligations, covenants, pledges and promises of Lessee as contained in this Lease. In the event this Lease is terminated prior to its expiration and Lessor retakes possession of the Premises, Lessor shall have no duty, obligation or liability with respect to the holder of any permit whose priviledges to utilize the parking permits are fundamentally revoked as a result of such Lease termination; al such liabilities shall remain with Lessee. k I (c) Lessee shall keep an accurate accounting of the actual fees it has collected for permits issued pursuant to Section 23(b) above. Lessee pledges to give Lessor a certified copy of such accounting within ten (10) days following the expiration or earlier termination of this f Lease. In the event the sums collected by Lessee exceed $20,000, Lessee shall pay all such sums in excess of $20,000 to lessor, said sums shall be due and payable by Lessee within F thirty (30) days following the expiration or earlier termination of this Lease. i (d) Lessee shall promptly notify COOT each time Lessee's off -street parking facilities have exceeded capacity, thus causing overflow parking into the South Frontage Road right -of -way. Said notices shall include the date that overflow parking occurred. (e) Lessee shall not use the Premises nor allow any other party to use the Premises for any purpose not specifically authorized by this Lease nor for any purpose prohibited by the State of Colorado and/or the FHWA. (f1 Lessee shall not allow, nor cause to be allowed, parking within any clear zone area for 1 -70. Lessee shall, at no cost or expense to Lessor, cause any vehicle parked within any clear zone area to be immediately towed. Rev.3/06 Page 6 of 8 s e' ( ( F 1 ( i z s ) i I (g) Lessee shall provide and maintain conspicuous delineation, including directional control by Lessee's employees and agents, of permit parking areas, overflow parking areas and areas where parking is strictly prohibited. (h) Lessee shall ensure that parking upon the Premises shall not interfere with any portion of the adjoining 1-70 and with the 1-70 frontage road travel lanes. Lessee shall further ensure that parking upon the Premises shall not interfere with Lessors or Lessors approved installation, operation. maintenance and repair of any utilities or drainage facilities located on, above. over, under, through, across or adjacent to the Premises- (i) This Lease shall not be deemed valid unless it has been approved by the FHWA. IN WITNESS WHEREOF. the parties heretD have executed this lease agreement on the day and year first above written. LESSEE: Town of Vail BY (Name) Title Federal Tax Identification Number STATE OF )ss COUNTY OF The foregoing instrument was subscribed and sworn to before me this day of by as of the Town of Vail. Witness my hand and official seal. My commission expires Notary Public Address: LESSOR: ATTEST: COLORADO DEPARTMENT OF TRANSPORTATION Bernhardt K. Rasmussen, PAMELA HUTTON, P.E. Chief Clerk Chief Engineer Rev.3/06 Page 7 of 8 ) } } { � ( [ } ( � [ ( ( » � { [ c { , \ � [ ( � ( � { � [ � ( � [ � [ ( [ Page eaa �� e { ! I ( \ { . ... . —P—MM . [ \ ( [ [ ( \ ( ( Exhibit A v o — Sheet 1 of 4 c0 1 �oao i I g u I a a ¢ oa QCs O Y O > N d 7MSw0 S v � o g m 1yeo.00 o 2 ° c -li V y T 0 'r a 0 gy 6 v a E Sga pQ iV f -II -. 1[B f -li-o IRGI J .. k y Y..l VdRwa G p n z; c o O b U � e T w E =. s go E o a0 �m r _ 0000 1 t 7 a z e; 1 ��, i 4/ •, � ` �.. � r ti � ',, ` • v � � � �. ► ` '� � ' �` � �� r' � � � �� � . /; � r i ttr =� � i. � � � ' ' 1 � u� �� � •� �� � ., �' `�:�',, L' i � �\ . _� -�,� .�-- � X1111 * •'� � ; rte .._1 1 a�'l� '�.11 � � .....� � . �uq �� - :� ����. '� � u `� r ,. '! �- k . i. A .� 1� s Ir Lzzo -i its f . 7 Fxhib& A o Sheet 4 of 4 vu 1 fi a.s�a v I o °a w , yy 3 . p S �T tSN�� O Y Ot T u O PJv >VI t O j37O� u � « 3 0 ty.i c o . 7yLS�OG u d m E ��e o it 0 v V ( � E 0 I.MWOO � 5 o � N II� M�16pp 0000 L :y i g Y :ns k, Exhibit B f I TOWN OFYAd Town Manager q' September 30, 2010; l s Mr. Dave Eller CDOT Region Director, Region 3 222 South Sixth Street Grand ]unction, CO 81501 t via email david.eller(a d9tt.state.com Re: Vail Parking Plan per Lease Agreement Dated December 21, 2009 Dear Mr. Eller: The Vail Town Council (the "Council ") at their September 21, 2010, meeting endorsed a 4 strategic parking plan which includes the continued use of the Vail Frontage Roads for the foreseeable future. A part of this plan also includes the development of up to 200 newly created parking spaces. In order to ensure the long term viability of the parking plan, the Council directed me to initiate discussions with CDOT and f H WA on acquiring a portion of the 11.24 miles of Frontage Road in Vail. Specifically, the following were l discussed as important to the Town of Vail (the "TOV ") in order for this exchange to be successful: The TOV is interested in taking over ownership and responsibility of a portion of the Frontage Roads in Vail. This area of road roughly consists of the section of road from the entrance of the Public Works facility to the south West Vail round -about on the South f Frontage Road. If the TOV agrees to do this, CDOT will: k I.) Commit to a repaving of the entire 11.24 miles of the Frontage Road, within the next three years; and 2.) CDOT will make payment to the TOV to help defray the costs x of on -going maintenance; and I, 3.) Any proceeds from future realignments and resulting property t sales will be the TOV's; and t 4.) The TOV sees the current barrier line as an appropriate split of I the 1 -70 right -of -way. This would provide the TOV a 95 foot 1 75 South Frontagt Roast • Vai( Colorado 81657 • 970 - 479 -2106/ FAX 970- 479 -2157 • wwtv."itracom d w l MI I t Q { P E' 4, t f; t i I { I t ROW in most instances for the Frontage Roads. A typical i ancrial roadway has a 100' ROW. The TOV nceds to have space behind its planned improvements as outlined in the town's master transportation plan for signs, lights, construction, etc. The TOV will need to be able to use 4 temporary soil nails into the 1 -70 ROW. In agreeing to move forward with some Frontage Road ownership, CDOT agrees that: 1.) Over the next two years, the TOV wil I be allowed to provide parking on the South Frontage Road for overflow parking. 2.) That on an on -going basis, CDO'f will allow parking on the North Frontage Road from Aross Drive to the north Main r Vail Roundabout in areas that do not impede the flow of traffic. `'. 3.) CDOT and FHWA will evaluate the future properly line a location. This may need to be accomplished on a 3 dimensional basis verses plan view basis. A detailed survey E may need to be preformed to complete this work. CDOT and FHWA would fund any such analysis. The work would be completed in a timely manner. The TOV will need to have the Ever Vail project's proposed barrier line as contemplated for approval by CDOT and FHWA become the new 1 -70 right -of -way line in this area. This will allow the town to move the road if desired and approve the development without further approvals from CDOT and FHWA, other than the temporary construction facilities and needs as currently planned. The TOV will be the owner of this new right -of- way from the relocation of the Frontage Road as long as adequate replacement { transportation facilities are built. f 4.) Simba Run underpass and other projects identified in the 1 -70 DRPEIS would still be eligible projects to be funded out of any available funding for 1 -70 projects. 5.) The TOV will be able to have the proposed variable message signs reviewed by CDOT and FHWA and it installed by the TOV in a prompt manner prior to any road F exchange. i e s: E 4 �i 9 f F Y. I { � i d. t I q. i 6.) All prior right -of -way due to the TOV from previous road exchanges will be resolved and the TOV will receive title to these roadways. i 11 is clear this may take time to investigate and respond to the many issues involved in l these negotiations. The TOV looks forward to discussing the issues at your earliest convenience. With the winter season approaching, providing a memorandum of } understanding outlining the necessary steps regained to move the process forward may he the most appropriate method of agreement at this time. If you have any questions don't hesitate to contact me at szemler(&vailtzov.com or 979- 479 -2105. Sincerely TOWN OF VAIL Stan Z.emler VAIL TOWN MANAGER { f i xc: Vail Town Council` Greg Hall, Director of Public Works Matt Mire, Town Attorney i l I i f is r s k Y k