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HomeMy WebLinkAbout1987-03-17 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 17, 1987 7:30 p.m. AGENDA 1. Approval of December 23, 30 and 31, 1986 Special Meetings Minutes 2. Ordinance No. 8, Series of 1987, second reading, an ordinance amending Chapter 3.48 Land Transfer Tax of the Municipal Code of the Town of Vail to provide that the money in the Land Transfer tax Fund may be used for improving as well as acquiring real property for parks, recreation, open space and/or similar purposes; and setting forth details in regard thereto. 3. Resolution No. 10, Series of 1987, a resolution designating Silverado Banking Association as a depository for the funds of the Town as permitted by the Charter of the Town, its ordinances, and the statutes of the State of Colorado. 4. Public Hearing on I-70 Interchange Modifications 5. Appeal of a Design Review Board Decision approving a duplex located on Lot 34, Vail Meadows 6. Marriott's Mark Resort Sign Variance 7. Trailways Lines, Inc. Lease Agreement CITIZEN PARTICIPATION 8. Town Manager's Report 9. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 17, 1987 7:30 p.m. EXPANDED AGENDA 7:30 1. Approval of December 23, 30 and 31, 1986 Special Meetings Minutes 7:35 2. Ordinance No. 8, Series of 1987, second reading, amending Larry Eskwith the Real Estate Transfer Tax Funds uses Charlie Wick Action Requested of Council: Approve/deny Ordinance No. 8, Series of 1987, on second reading. Backqround Rationale: This amendment to the RETT ordinance allows the RETT fund to be used for the improvement as well as for the acquisition of land. Staff Recommendation: Approve Ordinance No. 8, Series of 1987, on second reading. Amend as adopted on first reading as proposed. 7:55 3. Resolution No. 10, Series of 1987, making Silverado Banking Charlie Wick Association a depository for TOV funds Action Requested of Council: Approve/deny Resolution No. 10, Series of 1987. Backqround Rationale: Silverado Banking Association requires a resolution to be adopted by the Town which authorizes Town monies to be invested in their institution. Town staff would like to invest in a C.D. with Silverado and needs this resolution passed to open a savings account with them. Staff Recommendation: Approve Resolution No. 10, Series of 1987. 8:05 4. Public Hearing on I-70 Interchange Modifications Stan Berryman Action Requested of Council: Receive public input on the project. Backqround Rationale: Town staff has been working with the Colorado Dept. of Highways to accelerate construction of the I-70 Interchange improvements. The Town has retained Centennial Engineering to perform preliminary engineering and develop a detailed project description (see information in packet). This project description will be presented to the Colorado Highway Commission for approval on March 19, 1987 and then forwarded to the Federal Highway Administration for approval. If all approvals are secured and an environmental assessment is not required for the project, construction could begin as early as 10/1/87. 8:45 5. Appeal of a Design Review Board Decision approving a duplex Betsy Rosolack located on Lot 34, Vail Meadows Action Requested of Council: Uphold or overturn the DRB decision. Backqround Rationale: There exists one dwelling unit on Lot 34, and a second dwelling unit has been proposed. The approval of the second unit is being appealed based on the location of the driveway and its impacts on the adjacent properties. This appeal is being made by Mike Reid, Richard and Julia Farrell and Fred Didio. 9:00 6. Marriott's Mark Resort Sign Variance Kristan Pritz Action Requested of Council,: Approve/deny the variance request. Backqround Rationale: On March 4, 1987, the Design Review Board voted to approve the Marriott's Mark sign variance request. The motion was made by Ned Gwathmey and seconded by Grant Riva. The vote was 5-0 in favor of the variance. The Marriott's Mark is requesting a sign variance to allow a second business identification sign that has a total square footage of 19 sq. ft. Presently, the hotel has one 12 sq. ft. sign. The Mark may have up to 20 sq. ft. in total for both signs. This results in an additional 8 sq. ft. being available for the second sign. Due to the fact that the applicant (Mr. Michael Robinson) is requesting a second sign having 19 sq. ft., an 11 sq. ft. variance is necessary. Staff Recommendation: Approve the request. 9:15 7. Trailways Lines, Inc. Lease Agreement Larry Eskwith Action Requested of Council: Approve/deny the lease agreement of area in the VTC for Trailways. Backqround Rationale: Trailways has been operating buses from the Transportation Center for many years. This lease continues their right to use a portion of the VTC for that purpose. Staff Recommendation: Approve the lease agreement. CITIZEN PARTICIPATION 8. Town Manager's Report 9. Adjournment -2- MINUTES SPECIAL MEETING VAIL TOWN COUNCIL DECEMBER 23, 1986 2:00 p.m. A special meeting of the Vail Town Council was held on Tuesday, December 23, 1986, at 2:00 p.m. in the Council Chambers. The meeting was called to order at 2:05 p.m. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gordon Pierce John Slevin Hermann Staufer MEMBERS NOT PRESENT: Gail Wahrlich-Lowenthal TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a discussion of the proposed Singletree Golf Course purchase. Ron Phillips explained what steps in the negotiations had been taken to this point in time, both with the current owners of the property as well as the lodging community, in general, regarding monetary support for this purchase. The following individuals spoke on behalf of this purchase: Jack Skinner, David Kanally, David Gorsuch, Harry Frampton, Ken Wilson, Rob Levine, and Bruce Gillie. Those speaking against the purchase were as follows: Mike Cacioppo, Don Klinger, and Diana Donovan. Additionally, David Kanally stated $5,000 in option money had been raised through the Vail Resort Association and was available for the Town Council. After discussion, Hermann Staufer moved that the Town of Vail staff proceed with an expenditure of $5,000 in Town option money, such money to be used to hold the option for purchase open for an additional ninety (90) days. A second part of this motion included a request for a special council meeting to be held on the 30th of December, 1986. Gordon Pierce seconded this motion. A vote was taken with all in favor of the motion except Eric Affeldt. The next item was Ordinance No. 36, Series of 1986, second reading, an ordinance making supplemental appropriations from the Town of Vail Open Space and Capital .Improvement Fund, the Dobson Ice Arena fund, and the Real Estate Transfer Tax Fund of the 1986 Budget and Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Kent Rose made a motion to approve the ordinance, with Hermann Staufer seconding the motion. A vote was taken and the ordinance passed with all in favor except Eric Affeldt. There being no further business, the meeting was adjourned at 3:45 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pamela A. Brandmeyer MINUTES SPECIAL MEETING VAIL TOWN COUNCIL DECEMBER 30, 1986 2:00 p.m. A special meeting of the Vail Town Council was held on Tuesday, December 30, 1986, at 2:00 p.m. in the Council Chambers. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce John Slevin Hermann Staufer MEMBERS NOT PRESENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was the consideration of purchasing an option to buy the Singletree Golf Course. Ron Phillips stated the contract to purchase no longer included the following items: the swimming pool, the tennis courts, or.the option to purchase an additional thirty (30) acres in the Edwards area. Additionally, the newly negotiated price was set at $3.3 million. There being no additional information regarding the proposed purchase, Hermann Staufer made a motion to continue this special meeting to Wednesday, December 31, 1986, at 2:00 p.m. The motion was seconded by Gordon Pierce. All were in favor of this motion for continuance except Paul Johnston and Gail Wahrlich-Lowenthal, both of whom voted against. There being no further business, the meeting was adjourned at 2:15 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pamela A. Brandmeyer MINUTES SPECIAL MEETING VAIL TOWN COUNCIL DECEMBER 31, 1986 2:00 p.m. A special meeting of the Vail Town Council and continued from the previous day was called to order at 2:45 p.m. on Wednesday, December 31, 1986, in the Council Chambers. MEMBERS PRESENT: Paul Johnston, Mayor Eric Affeldt Gordon Pierce John Slevin Hermann Staufer MEMBERS NOT PRESENT: Kent Rose, Mayor Pro Tem Gail Wahrlich-Lowenthal TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a continuation of the consideration of purchasing an option to buy the Singletree Golf Course. Three documents were produced, those being, by title, an "Assignment of Option", an "Amendment of Option", and an "Amendment of Option Agreement, Exhibit B". Larry Eskwith explained that the documents to be considered were the Assignment of Option and the Amendment of Option Agreement. A discussion followed regarding the following points: 1. The $5,000 option running to February 15, 1987. 2. If the Town wished to enter into an amended option, an additional $10,000 would be required. 3. If the Town failed to close on March 1, 1987, all option money would be lost. Use of the golf course was considered next, as well as golf passes and operational issues. Indemnification and liquidated damages were discussed and much discussion ensued. A motion to accept the Assignment of Option, as well as the Amendment of Option Agreement, and to instruct staff to continue pursuing the details surrounding this purchase, was made by Eric Affeldt and seconded by Gordon Pierce. A vote was taken and it was unanimously approved. There being no further business,, the meeting was adjourned at 3:30 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pamela A. Brandmeyer RESOLUTION NO. 10 Series of 1987 A RESOLUTION DESIGNATING SILVERADO BANKING ASSOCIATION AS A DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions as depositories for funds of the Town; and WHEREAS, the Town wishes to designate Silverado Banking Association as a depository for the funds of the Town. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Silverado Banking Association is hereby designated as a depository for the funds of the Town of Vail. 2. Charles Wick, the Director of Administrative Services of the Town of Vail, or his successor, and Richard Parzonko, Financial Controller of the Town of Vail, or his successor, are hereby authorized to open any deposit or checking accounts in the name of the Town of Vail at Silverado Banking Association and to exercise Silverado Banking Association's fund transfer agreement thereof. 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of March, 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TO: Town Council FROM: Community Development DATE: March 17, 1987 SUBJECT: An appeal of a Design Review Board decision concerning a second dwelling located on Lot 34, Vail Meadows Filing No. 1, 5045 South Main Gore Drive. Appealed by Mike Reid, Julia and-Richard Farrell and by Fred DiDio On February 4, 1987, a proposal to construct a second dwelling on the above duplex lot was brought before the Design Review Board. The proposal was denied based on lack of compatibility of the new structure to the old structure and the fact the new structure was connected to the old only by means of a 6 foot fence. The vote was 2-2. A tie vote is a vote of denial. On February 18, the applicant returned to the Design Review Board with a second proposal. The proposal included a garage connecting the proposed dwelling with an existing dwelling. The proposal was approved with a vote of 2-1. The approval is being appealed by adjacent property owners who feel the location of the proposed driveway which is on the property line dividing their property from the subject property has many negative impacts. They include in their list of negative impacts, the fact that snow removal will necessitate putting snow on their property, and the lack of room for landscape materials to buffer the driveway from their property. Although there is a second issue concerning this property, that of a home occupation permit, the home occupation permit is not to be considered at this time. The issue this evening is only that of the design of the proposal. It is the duty of the Town Council to consider the Design Review Guidelines with regard to this review. The Design Review Guidelines, Section 18.54.050 are attached. f , CVWEAT / Ol 00 PER _0 N, wo It 11 / / IIN a; INI w LIP / 68 J4 o' V) 2i~ \ V PA~Et1Ei1T. ~CGvW ~RgP6 f+ELl-C'a V 612 AC 26,658.7 S.F.< N 9,9 \y a0~\ i a~pE N1c 600 m ; 'U" 1 1bx1ST1~7(• NORTH -(o 13E LOT. _ LCONY 7 ION INL AREA PROPOSED ,zF~.a>1 k 3 2' CAR H, s~=STAIR { s f GARA~GEH ' p LJAI.L - UPPER r ,,*aZ~~. PROPOSED' t I rr 2-1 EE J i jRJLPLX i NIT: f? SDUTk~r ~ LEGEND INDICATE a - INDICATE 'Roor- C I y 4 _ i ~ qlb LOT 3 2 SITE PLAN_ IM f 20.0, I~ C - VIM r~ rJ ~V l {~i.t_ r~r,o~ vi! ~1~ 1 l owtJ ~~~dC.~ • c. ~ /Lei-..~e~ ~ c.G;~e.~~> n%~ dom. ~~2.~ 5 U E X7%3 HOLIDAY INN®VAIL 13 Vail Road • Vail, Colorado 81657 • 303/476-5631 Operated by Swancourt Hotels, Inc. Under License s Y-N C- r ~ s J v t.% P 4 r=~oM'• RrLt-1A~~ y7L - Y97~ ~AS-r V P, + L ~ + u? n.n c tJ ' . +-j ~ Gpn~L6 e.n~ Grp tiz 66 s o \H~ ~.~szu~+C\ ~o P.~o~ ~szrr+scR_ co0STR-v`-T1Cyr Sz A N ~ y v.~ n~ ~2`~ ov (L c.n Nc.EJr2..a S c.~..v ~E. 1'3u ARC tJo ~ ~r M r ~ sue. T'o ~ T~ ~ ~a ~~..o....~ i ~ C'`'• \.rL~.r~tc.SCi~ VPt^krtV\J~tZ \sZAC=F't~ 1Z Yl'\E C'~t- p„-r v ~ o ~ A ~S V S + r~ c SS ~ r.~ A SZ~c-,s + ~ t~ rr /a 7~ 1 R-ktjy~Me NT os-- lji Sz. v.1 f'r`~^6 K-~`-`+' ~ S APQt~~4SE-+~ OF A~`~ P N D Aug. L~Y.J i_ l1J ~G 1 • A' February 28, 1987 RE: The Gerwig Duplex 5045 East Main Gore Drive Vail (East Vail), CO Dear Vail Design Review Board: It has just come to my attention that a proposed duplex addition on Lot 34 has been submitted to your board for approval. I am a property owner of Unit B, 5035 East Main Gore Drive which is located on Lot 20 directly to the south west and adjacent to the subject property. My concerns about this proposed addition and the property in general are two fold: 1. The design and driveway(s) location. 2. The commercial use of the property. I have reviewed Mr. Gerwig's plans and certainly respect his right to develope his property. There appears to be some lacy of sensitivity in the design relative to views of his neighbors to the east of the property. The plans also show an additional drive being cut from the north western portion of the lot off Last Main Gore Drive and running a good portion of the width and length of the property. I was under the impression that the Town of Vail attempts to minimze such road cuts in terms of having one entry off a given road to service a duplex. Discounting the negative visual impact of this second drive for us, the cost alone should dictate an alternative solution. I am greatly concerned over the apparent commercial usage presently being conducted from the existing unit (North Unit). One of the main reasons why my wife and I purchasepa home in this specific area of East Vail was that it was residental in nature and free of existing or future commercial/business activity. The activity we have already seen from East Vail Rentals and which I am certain will increase in time is unappropriate for the area not be mention being contrary to current zoning use laws for East Vail. Respec` i ly su mitted, `Fred J. Dibi Unit B 5935 East Main Gore Drive Vail, CO DESIGN REVIEW e. The applicant or his authorized representative shall be present at the design review board meeting. 3. Staff approval. The zoning administrator may approve any of the following applications: a. Any application to an existing building that does not significantly change the existing planes of the building and is generally consistent with the architectural design, materials and colors of the building, including, but not limited to windows, skylights, siding, and other similar modifications; b. An application for an addition to an existing building that is consistent with the architectural design, mate- rials and colors of the building, and approval has been received by an authorized member of a condominium association, if applicable. c. An application to remove or modify the existing vegetation or landscaping upon a site. . In the above-specified cases, the zoning admin- istrator may review and approve the application, approve the application with certain modifications, or may refer any application to the design review board for decision. All other applications shall be referred to the design review board. (Ord. 39 (1983) § 1.) 18.54.050 Design guidelines. Actions of the design review board shall be guided by the objectives prescribed in Section 18.54.010, the Vail Village and Vail Lionshead Urban Design Considerations and Guide Plans, by all of the applicable ordinances of the Town of Vail, and by the following design guidelines: A. General. l.. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be .compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. 454c (Vail 11-15-83) ZONING 2. Any building site in Vail is likely to have its own unique land forms and features. Whenever possible, these exist- ing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural land forms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. B. Site planning. 1. The location and configuration of structures and access ways shall be responsive to the existing topography of the site upon which they are to be located. Grading require- ments resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. 2. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. 3. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for develop- ment of the site or those identified as diseased. 4. All areas disturbed during construction shall be re- vegetated. If necessary, the DRB may designate allowable limits of construction activity and require physical bar- riers in order to preserve significant natural features and vegetation upon a site and adjacent sites during con- struction. 5. All projects shall be designed so as to provide adequate snow storage areas for snow cleared from the parking areas and roadways within the project. C. Building materials and design. 1. Building materials shall be predominantely natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is utilized, gross textures and surface features that appear to imitate other materials shall be avoided. Concrete surfaces shall be treated with texture and color if used, however exposed aggregate is more acceptable than raw concrete. Neither aluminum (Vail 11-15-83) 454d DESIGN REVIEW steel, or plastic siding, nor simulated stone or brick shall be permitted. Plywood siding shall not be permitted. 2. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 3. Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors -should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and roof top mechanical equipment shall be annodized, painted or capable of weathering so as to be non-reflective. 4. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet in twelve feet. However, other roof forms are allowed. Consideration of environ- mental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. 5. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. 6. Roof surfacing materials shall be compatible with the site and surrounding buildings. The predominant roof mate- rials utilized are wood shakes and their use is strongly encouraged. The use of metal roofs is acceptable, however in no instance will metal roofs which reflect direct sunlight onto an adjacent property be permitted. If metal roofs are used they shall be surfaced with a low-gloss finish or capable of weathering to a dull finish. Metal roofs shall generally have a standing seam in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and fiberglass shingles shall not be permitted, however, they shall be of sufficient gauge, design, and color to be compatible with these guidelines (sufficient gauge shall be 300 pds/sq ft of roofing material). 454e (Vail 11-15-83) 6k 6" ZONING 7. Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided, however, if necessary, shall be de- signed to be compatible with the overall design of the structure or screened from view. Rooftop antennae shall not be permitted unless as allowed under a conditional use review as specifed within the zoning code. 8. Solar collectors shall lie flat on pitched roofs, however, when retrofitting an existing building with active solar the collectors should be designed and placed in a manner compatible with the overall design of the building. 9. Deep eaves, overhangs, canopies, and other building features that provide shelter from the elements are encouraged. 10. Fenestration should be suitable for the climate and for the orientation of the particular building elevation in which the fenestration occurs. The use of both passive and active solar energy systems is strongly encouraged. 11. Exterior lighting shall be designed and located in a manner to minimize impact of lighting upon living areas within a proposed project and upon adjacent structures and properties. 12. In no instance shall a duplex structure be so constructed as to result in each half of the structure appearing substantially similar or mirror image in design. 13. Duplex and primary/ secondary residential dwelling units shall be designed in a manner that contains the two dwelling units and garages within one single structure. However, in the event that the presence of significant site characteristics necessitate a site design which includes a physical separation of the two dwelling units and/or garages into separate structures, the DRB may approve the design. Such a design may be approved only when the separate structures are visually attached by means of the use of similar and compatible architectural design, colors, and materials and/or physically connected with fences, walls, decks or other similar architectural features. D. Landscaping/drainage/erosion control. 1. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. (Vail 11-15-83) 454f -~F DESIGN REVIEW The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be located. The landscape scale and overall landscape design shall be developed so that new vegeta- tion is integral with the natural landscape and the inherent form line, color and texture of the local plant communities. Since the major objective of the land- scaping is to help reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant materials is encouraged. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and sub-alpine zones or as capable of being introduced into these zones. A list of plant materials indigenous to the Vail area is on file with the department of community development. Also indicated on the list are ornamentals which are suitable for planting within the Vail area. The minimum sizes of landscape materials acceptable are as follows: Required trees. Deciduous - two inch caliper Conifers - six foot Required shrubs - #5 gallon container Foundation shrubs shall have a minimum height of eighteen inches at time of planting. 2. Landscape design shall be developed . to locate new planting in order to extend existing canopy edges or 454g (Vail 11-15-83) ZONING 1 planted in natural looking groups. Geometric plantings, evenly spaced rows of trees, and other formal landscape patterns shall be avoided. 3. Particular attention shall be given the landscape design of off-street parking lots to reduce adverse impacts upon living areas within the proposed development, upon adjacent properties, and upon public spaces with regard to noise, lights, and visual impact. Parking lots of fifteen or more spaces shall comply with the landscape require- ments found in Section 18.52.080(F.) of the Vail Munici- pal Code. 4. All landscaping shall be provided with a method of irrigation suitable to ensure the continued maintenance of planted materials. 5. Whenever possible natural drainage patterns upon the site shall not be modified. Negative drainage impacts upon adjacent sites shall not be allowed. 6. Runoff from impervious surfaces such as roofs and pavement areas shall be directed to natural or improved drainage channels or dispersed into shallow sloping vegetated areas. 7. Slope of cut and fill banks shall be determined by soil characteristics for the specific site to avoid erosion, and promote revegetation opportunities, but in any case shall be limited to a maximum of 2:1 slope. 8. Measures shall be taken to retain all eroded soil material on site during construction, control both ground water and surface water runoff, and to permanently stabilize all disturbed slopes and drainage features upon completion of construction. 9. All plants shall be planted in a good quality topsoil mix of a type and amount recommended by the American Landscape Contractor Association and the Colorado Nurseryman's Association. 10. All plantings must be mulched. 11. Paving near a tree to be saved must contain a plan for a "tree vault" in order to ensure the ability of the roots to receive air. E. Fencing/ walls. 1. The placement of walls and fences shall respect existing land forms and fit into land massing rather than arbi- (Vail 11-15-83) 454h r DESIGN REVIEW trarily follow site boundary lines. Fences shall not be encouraged except to screen trash areas, utility equip- ment, etc. 2. Design of fences, walls, and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site. Retaining walls and cribbing should utilize natural materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chain link fences shall be allowed except as temporary construction fences or as required for recrea- tional facilities. 3. The allowable heights of retaining walls shall be as stated in Section 18.58.020 of the Vail Municipal Code. F. Accessory structures/ utilities/ service areas. 1. Design of accessory structures upon a site shall be compatible with the design and materials of the main structure or structures upon the site. 2. Accessory buildings generally should be attached to the main building either directly or by means of a continuous wall, fence or similar feature of the same or a com- plementary material as the main building's exterior finish. 3. Satellite dish antennas and similar structures shall not be permitted unless substantially screened from view by fences, berms, or landscaping. 4. All utility service systems shall be installed underground. Any utility system the operation of which requires above ground installation shall be located and/or screened so as not to detract from the overall site design quality. 5. All utility meters shall be enclosed or screened from public view. 6. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. 7. Adequate trash storage areas shall be provided. There shall be year-round access to all trash storage areas which shall not be used for any other purpose. 8. Mail delivery shall be provided for in accordance with the provisions of Ordinance #40 of 1981. G. Circulation/ access. 1. There shall be provided an on-site vehicular circulation system which shall coordinate with adjacent streets to 4541 (Vail 11-15-83) ZONING \ minimize congestion and adverse impact upon the general traffic circulation pattern in the area. 2. Projects shall provide adequate layout design of parking areas with respect to location and dimension of vehicular and pedestrian entrances and exits, building locations, walkways and recreational trails. 3. Proper vehicle sight distances shall exist at each access point to a public street. (Ord. 39 (1983) § 1.) 18.54.060 Design review fee. The town council shall set a design review fee schedule sufficient to cover the cost of town staff time, consultant's fees, and incidental expense. (Ord. 39 (1983) § 1.) 18.54.070 Performance bond. The building official shall not issue a final certificate of occupancy for structures which have obtained design review approval until upon inspection it is determined that the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed. The building official may issue a temporary certificate of occupancy not to exceed two hundred ten days upon the applicant posting with the department of com- munity development a performance bond or other security acceptable to the town council in the sum of one hundred twenty five percent of the bona fide estimate of the cost of installing landscaping and paving and other accessory improvements provided for in the approved design review application and plans. If said landscaping, paving, and other accessory improvements are not installed by the applicant within the period allowed under the temporary certificate of occupancy shall be revoked until the same are installed by the applicant or by the town pursuant to the terms of the performance bond or other accepted security that has been approved by the town. (Ord. 39 (1983) § 1.) (Vail 11-15-83) 454j I DESIGN REVIEW 18.54.080 Administrative policies. A. A decision that may be made by the zoning administrator shall be made within ten days of reception of a complete application and the supporting materials. If a decision is not made within ten days of reception of the complete application and materials, the application shall be deemed approved. The zoning administrator shall transmit to the design review board a summary of all decisions made by him at the next meeting of the design review board. B. A decision of the zoning administrator may be appealed to the design review board by the applicant, adjacent property owner, the town manager, or at the request of the design review board at any time before the decision becomes final. C. The decision of the zoning administrator shall become final if no written appeal is made to the design review board within seven days of the design review board's receipt of the summary of the decision from the zoning administrator. D. The design review board shall consider the appeal in the same manner as the board considers all other applications coming before it. (Ord. 39 (1983) § 1.) 18.54.090 Appeal to town council. A. An appeal to the town council may be made by the applicant, adjacent property owner, or by the town manager. The town council can also call up matters by a majority vote to those council members present. B. For all appeals, the appeal must be filed in writing ten days following the decision or must be called up by the town council at their next regularly scheduled meeting. C. The council shall hear the appeal within thirty days of its being filed or called up with a possible thirty day extension if the council finds that there is insufficient information. (Ord. 39 (1983) § 1.) 18.54.100 Enforcement. Before occupying or using any structure included in a design review application, the applicant must obtain an occupancy j` 454k (Vail 11-15-83) ZONING 1 certificate after inspection by the department of community development. The community development department shall inspect the site to insure that the work has been completed in accordance with the application and plans approved in the design review board. It shall be the duty of the property owner or his authorized agent to notify the department of community devel- opment that such work is ready for inspection in order to ascertain compliance with approved plans. If the project is found upon inspection to be fully completed and in compliance with the approved design review application and plans, the community development department shall issue a final certificate of occu- pancy. If the project is found to be completed in such a manner that a temporary certificate of occupancy may be issued as specified by the Uniform Building Code the applicant shall post a bond as set forth in Section 18.54.020 of this Code. Upon forfeiture of said bond or surety, the town shall proceed to install the improvements for which bond or surety was posted. In the event that the cost of installing the improvements exceeds the amount of the bond, the owner of said property shall be individually liable to the town for the additional costs thereof. C Furthermore, the amount that the cost of installing said im- provements exceeds the amount of the performance bond shall automatically become a lien upon any and all property included within the design review application. (Ord. 39 (1983) § 1.) 18.54.110 Lapse of design review approval. Approval of the design of a project as prescribed by this chapter shall lapse and shall become void one year following the date of final approval of the project unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion. However, if there have been no zoning revisions or revisions or amendments to these guidelines which would alter the conditions under which the approval was given, the community development staff may extend the period of approval. (Ord. 39 (1983) § 1.) (Vail 11-15-83) 4541 TO: Design Review Board FROM: Community Development Department DATE: March 4, 1987 SUBJECT: Sign variance request for the Marriott's Mark Resort APPLICANT: Marriott's Mark Resort: Mr. Michael Robinson I. REQUEST The Marriott's Mark Resort is requesting a sign variance to allow a second business identification sign that has a total square footage that exceeds the allowable area for the sign by 11 square feet. Sign Description: 214" wide x 812" long = 19 sf; redwood; white lettering Marriott"; uplighting from lights mounted on the ground below the sign; location, northwest corner of the Marriott building (see enclosed drawing) Presently the Marriott's Mark has one 6 foot x 2 foot sign at the entrance to the hotel. The Mark may have up to 20 square feet in total for both signs. This results in an additional 8 square feet being available for the second sign. The applicant is requesting to have a second sign that is 19 square feet. Therefore, the variance requested is for an additional 11 square feet of signage for the second sign. The applicant is requesting a variance from the following section of the Town of Vail sign code: Section 16.20.050 Freestanding/Wall or Projecting Signs: Single Business Use, B. Size, One square foot for each five front lineal feet of building with a maximum area of 20 square feet, with a horizontal dimension no greater than 10 feet.... combined maximum area for more than one sign shall not exceed 20 square feet. The applicant has made the following statement in support of the sign variance request: "Many people who are unfamiliar with Vail have told us that they have a difficult time locating the Marriott when they turn off of the South Frontage Road onto Lionshead Circle by the Enzian. Since our only existing sign is a low, landscaped sign at our front entrance, it is not visible at the intersection of Lionshead Circle and Lionshead Place. We are proposing to install a 19 square foot sign on the side of the building at this intersection." S ' II. FINDINGS AND STAFF RESPONSES Before the board acts on a variance application, the applicant must prove physical hardship and the board must find that, A. There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right-of-way which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. Staff Response The Marriott Mark does have an idenfication problem due to the largeness of the building and the fact that for the entire project they are allowed only two signs having a combined total area of 20 square feet. The Raintree Inn and Holiday Inn are hotels that have also recently received sign variances due to the size of their projects. Staff feels that the Marriott has C similar special circumstances that warrant a slight increase in the combined square footage for the two signs. B. That special circumstances were not created by the applicant or anyone in privy to the applicant. Staff Response: Special circumstances were not created by the applicant. C. That the granting of the variance will be in general harmony with the purpose of this title and will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general. Staff Response: Generally, the proposed signage is in harmony with the purposes of this title which states in Section 16.16.010 that "Sign location, configuration, design, materials and colors should be harmonious with the majestic mountain setting and the alpine village scale of the Town." Staff believes that the redwood sign and its size are harmonious with the surrounding setting and will be compatible with the existing building. The size of the sign is also in scale with the rest of the building and will not draw undue attention to itself. D. The variance applied for does not depart from the provisions of this title any more than is required to identify the applicant's business or use. Staff Response: The applicant is requesting an additional 11 square feet beyond the remaining 8 square feet allowed under the sign code. Given the size of this building, staff feels that the applicant is not requesting a departure from the provisions of the sign code any more than is truly required to identify the applicant's business. III. STAFF RECOMMENDATION The staff supports the variance request for the 11 square feet. Staff believes that the sign is harmonious with the sign code's requirement that signage not call undue attention to itself. Also, the request for the additional 11 square feet does not depart drastically from the signage allowed within the sign code. Staff recommends approval of the request and feels that the applicant has made a strong attempt to work with the sign code and submit a sign variance request that is reasonable given the provisions of the code. ''ry r~`t . x ' ~ _ i• , .$A~.'r ..`u'K4' ~ ~.r.lY . y. ' yYCJ ~u'rLA,Y'. -00+~~5MJf j ~ ~m~4h-li{ t~$''~i~~•aAi ~~iq~!~,§°+i^.•w7t`5hl~r i~~~ ~l-.__._..~- i~ I ~ ~ y'rirr_c :kr~ 1. 1 i i .i 1. ) J 1 ~ - ` :rI v l~~ '1 II I ~ ~ J +.9 \Wn~ 7i Vir.ca 1.: , , ,~t,,, > ~ a : a n~ ._...-.t -I 1.. i„ I ~L~._ i ._~?"_'ai••`,~Cj~~. J•' ~ cer_ A"^=C I - • ~ N~lJ peTASi"b '/+ALI_ ~ i ntL7.= i N5 • ~'rA ' `SL''i~ YE f'P- ~ r . t / ' ~ ' ~ NTH .EL.~VAT1oN . I ~ ` • I ~ ' _ • _ c' • . 1 I t~ ~ ~ i 1 .I I I r i ' I~ 11ti1L ~~i`! 11111111111 • "'u'.nn+'+1~ y 'yyl, p:.~:," it ,.r.. ' 11`~.1~1~~'~P~!!111~~~?~~~~I111~i~,llllll~llil ~?f~~~~111~111~1'~~~ ii1111111111111 ~~~?~ll~l ~11i~1i11~if~li~ v. ~ -r T 'l'ie 1 1 Pol 3 ®r .4 _ ~STQ, Wej~ n Mfo 1 ~ Ito a x.0••1. Pfl G GL[ ` - i 1 w. r _Ab ~ A•, 1, ~ Y^~ ~ ,L~ ~v 7 IT ot- A- cl 4TH t I , o , LLJ ".add A- A 4 Awto SA slow also r~E 4 - - - 1'11 111 ~x~ / Page No. ~o ~ f Pages VAIL SIGN SERVICES Eagle Valley's Most Complete Sign & Engraving Shop P. O. Box 1985 Avon, CO 81620 (303) 949-6710 Located In The Eagle-Vail Business Center I t M10PO'SAL SUBMITTED TO PHONE DATE MIti~P-IC;TTS Nl Q x `T" ~71v q4 U (4 I 1 r - T 1 I STREET JOB NAME ' ^ L A - ` CITY, STATE AND ZIP CODE JOB LOCATION y ANCHITECr / DATE OF P gF15/~~^ j - f~ l JOB PHONE we hereby sumI Specifications and estimates for: 9 O 9S" , i~ POeTk C-r}-~j NixTttET~ST cc~~sd? r y~[_~(/~ /(P.~A ; i 9.05 s~v~~ ~t`a? t' ~'/L" rt+lc~~ ~C31) TIC~l Nl L HEAT_ e-WQ FI'-ofo,~ tiL-+aB~t. SI'o~ = PPc:-~rcro ctlf?-i2ttr~ ~~I~ AJI~ / ctltc*-5; y?c.;^:v t'~,u~c~+aD by th i-c [.c_`7r~~lr~~ ~ ~j~` Ik~ ~ (t<l.L Lc.r l.."P_li.Ys- TO FX'. PJ~tS~I If~~i7iurt'ITDN ~n~----- ire 11rfa}tafar hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: a dollars Payment to be made as toll ws: All material guaranteed to be as specified. All work be completed in a workmanlike Authorized Af manner according to standard Dractitts. Any alteration o or deviation Irom aDOVe specdica Mons involving extra costs will be executed only upon written orders, and will become an Signature extra charge over and above the estimate. All agreements ccntingent upon strikes, accidents / r1 or delays beyond out control. t>wner to carry fire, tornado and other necessary insurance. Note: This proposal may be ` i our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us it not accepted within - days. reptunrp of 11rilpanal -The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. SignaturA l Dale of Acceptance: Forth I to 3 COnYnIGtIT IR60 - Ax1AUMU M., fNr'rl.v~Inc, C Olun. mass Olxsn 6. nANU r ,karri® ® Mark Resort H'S 715 Lionshead Cirde, Vail, Colorado 81657 • (303) 476-4444 October 6, 1986 Kristin Pritz Town of Vail Planning Commission 75 South Frontage Road Vail, CO 81657 Dear Ms. Pritz: Many people who are unfamiliar with Vail have told us that they have a difficult time locating the Marriott when they turn off the South Frontage Road onto Lionshead Circle by the Enzion. Since our only existing sign is a low, landscaped sign at our front entrance it is not visible at the intersection of Lionshead Circle and Lionshead Place. We are proposing to install a 19 square foot sign on the side of the building at this intersection. Since there is no existing signage on the Lionshead Place side of the building, this may be permissible within the code without a variable request. In any case the sign is necessary to our business and for the convenience of our customers and I respectfully request your approval. Sincerely, Michael Robinson General Manager MR:ac LEASE AGREEMENT THIS AGREEMENT, made and entered into as of the by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, herein- after referred to as the "Town", and TRAILWAYS LINES, INC., a Delaware corporation, hereinafter referred to as "Lessee", WITNESSETH: WHEREAS, the Town now owns, operates and maintains a transportation center at Vail, Colorado, which is known as the Vail Transportation Center, hereinafter referred to as the "VTC", and more particularly described as Exhibit A attached hereto; and WHEREAS, Lessee is engaged in the principal business of operating an interstate and intrastate bus system for the transport of passengers, makes regular stops in Vail, Colorado, and requires a bus terminal in the municipality; and WHEREAS, the convenience of travelers using the VTC is served by such bus service for their business and pleasure; and WHEREAS, Lessee provides bus service over certificated routes which includes Vail, Colorado, as authorized by the Interstate Commerce Commission and the Public Utilities Commission of the State of Colorado. NOW, THEREFORE, in consideration of the covenants and agreements herein contained and the payment of moneys as hereinafter set forth, the parties hereto agree as follows: 1. GRANT OF PERMISSION The Town grants to Lessee the non-exclusive right to occupy with its vehicles areas in or at the VTC as may from time to time be designated by the Town's Parking Superintendent for use as a bus stop or stops (specifically for loading and not for parking or extended stops) for operation of the said bus service, including the loading and discharge of passengers and luggage. Lessee agrees to use the rights herein granted and premises herein leased only for the purposes expressly set forth in this Agreement, except as otherwise authorized in writing by the Town's Parking Superintendent, and for no other or unlawful purpose whatsoever. Lessee agrees that it shall not install or operate in the VTC any vending machine, food stand, soft drink, candy or cigarette dispenser, or any like concession or device offering products for sale to the public. Lessee agrees not to commit any nuisance upon the premises. 2. LEASED PREMISES; INSTALLATION; RELOCATION The Town hereby grants to Lessee the right to lease and occupy the premises in the VTC shown as the cross-hatched area on Exhibit B annexed hereto; which is incorporated herein by reference and made a part hereof; the leased premises contain approximately one hundred eight (108) square feet of counter space and approximately three hundred and thirty six (336) square feet of storage space, a total area of four hundred and forty-four (444) square feet on the fourth (4th) floor of the VTC; and the leased premises are hereinafter sometimes referred to as the "leased premises" or as the "premises". Lessee agrees to accept the premises in their existing condition and agrees not to make any installation in the premises except as may be removed without damage to the premises. Any installation in the premises shall be compatible in color, materials, and design to other facilities and installations in the VTC and, further, no installation shall be made or retained except as approved by the Town's Parking Superintendent. Upon cancellation or termination of this Agreement, Lessee agrees to remove from the premises, leaving them in essentially the same condition as when first occupied, reasonable wear and tear excepted. Lessee further understands and agrees that the Town reserves the right to require Lessee to relocate to some comparable space in the VTC under the same terms and conditions as included herein provided thirty (30) days written notice is given to Lessee explaining the reasons for relocation and describing the new premises. The Town covenants and agrees to pay all costs associated with any such relocation of Lessee. Lessee shall have the sole right to terminate this Agreement if the required relocation is considered to be unreasonable. 3. ALTERATIONS Lessee shall make no alterations, additions or improvements in or to the premises without the Town's prior written consent. All such work shall be performed in a good and workmanlike manner. Lessee shall pay or cause to be paid all costs for work done by or caused to be done by it in or to the premises and Lessee shall keep the premises free and clear of all mechanic's liens and other liens on account of work done for Lessee or persons claiming under. Should any liens be filed or recorded against the premises or any action affecting the title thereto to be commenced, Lessee shall give the Town written notice thereof. Lessee shall thereafter cause such liens, or claims against the Town in lieu of liens, to be removed of record within five (5) days after the filing thereof. If Lessee shall desire to contest any claim or lien it -2- i r shall furnish the Town with security satisfactory to the Town of at least one hundred fifty (150) percent of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of any lien or claim for any amount as entered, Lessee shall pay and satisfy the same at once. Prior to the commencement of any work in or to the premises by Lessee, Lessee shall notify the Town of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. During and prior to any such work on the premises, the Town and its agents shall have the right to go upon and inspect the premises at all reasonable times. 4. SECURITY DEPOSIT The Lessee shall deposit with the Town the sum of four hundred forty dollars ($440.00) as security for the performance by the Lessee of the terms of this lease. The Town may use, apply, or retain the whole or any part of the security so deposited to the extent required for the payment of any rent and additional rent or other sum as to which the Lessee is in default or for any sum which the Town may expend or may be required to expend by reason of the Lessee's default in respect of any of the terms of this lease, including, but not limited to, any damages or deficiency in the reletting of the leased property, whether such damages or deficiency accrued before or after summary proceedings or other reentry by the Town. In the event that the Lessee shall comply with all of the terms of this lease, the security shall be returned to the Lessee after the date fixed as the end of the lease and after delivery of possession of the leased property to the Town. In the event of a sale or lease of the premises of which the leased property forms a part, the Town shall transfer the security to the vendee or lessee and the Town shall thereupon be released from all liability for the return of such security. The Lessee shall look solely to the new landlord for the return of such security. The Lessee shall not assign or encumber the money deposited as security, and neither the Town nor its successors or assigns shall be bound by any such assignment or encumbrance. 5. TERM OF AGREEMENT The term of this Agreement shall be a period of twenty four (24) months, from January 1, 1986 through December 31, 1987, unless sooner cancelled as herein- after provided. 6. COMPENSATION FOR CONCESSION Lessee agrees to pay the Town as consideration for granting to it the concession to operate said bus service in addition to the "lease rent" as set out in -3- Section 6 of this Agreement, and the Town agrees to accept as payment for said rights, a percentage, as stipulated below, of Lessee "gross receipts" per month from all business conducted by Lessee originating at the leased premises under this Agreement. The percentage of "gross receipts" payable shall be: A. Six (6) percent of Lessee's "gross receipts" per month from the sales of tickets for passenger transportation including regular route tickets and tours, and from the sale of Transport Life accident insurance. B. Five (5) percent of Lessee's "gross receipts" per month from the handling of out bound package express, excluding all COD packages. There may be excluded from "gross receipts", when properly accounted for, deductions on tickets or express sales when refunds are given; credit for any federal, state, or municipal excise and sales taxes which.much be separately stated and collected from customers; and there may also be excluded any tips or gratuities employees of Lessee receive, all in the doing of services permitted herein. 7. LEASE RENT In addition to the payment of money to be made to the Town as compensation for the concession granted under this Agreement, Lessee agrees to pay to the Town during the term hereof lease rent in the amount of one dollar ($1.00) per square foot per month for four hundred forty (440) square feet of space which amounts to four hundred forty dollars ($440.00) per month. 8. MONTHLY PAYMENT AND STATEMENT Lessee agrees to make all payments due to the Town under this Agreement on or before the 20th day of each month during the term hereof, commencing with the second month of the term, for the preceding month. A copy of each report submitted by the Commission Agent in Vail to the Accounting Department for Lessee shall be forwarded to the Town's Finance Director or his authorized representative, which statement shall set out the total gross receipts of business sold in Vail for the reporting period. 9. PLACE AND MANNER OF PAYMENTS In all instances where Lessee is required by this Agreement to pay any rentals, compensation, or payments to the Town, such payments shall.be made without notice at the Finance Department of the Town of Vail, Colorado, in the Municipal Building in Vail, Colorado, or at such other place as the Town may hereafter designate by notice in writing to Lessee, and shall be made in legal tender of the United States of America. Any check given to the Town shall be received by it -4- subject to collection, and Lessee agrees to pay any charge incurred by the Town for such collection. 10. BOOKS OF ACCOUNT AND AUDITING Lessee shall after each twelve (12) month period during the term hereof furnish within a reasonable time a true and accurate statement for the preceding year, of all such receipts and business transacted during such preceding year (show- ing the authorized deductions or exclusions in computing the amount of such gross receipts and business transactions), which statement shall be certified by an authorized representative of Lessee to be correct. Lessee agrees to establish and maintain a system of bookkeeping and to give the Town access during reasonable hours to such books and records. Lessee agrees that it will keep and preserve for at least three (3) years all sales slips, cash register tapes, sales books, bank books, deposit slips, and other evidence of gross receipts and business sold for such period. The Town's auditor or its authorized representative shall have the right at any time and from time to time to audit all of the books of account, bank state- ments, documents, records, returns, papers, and files of Lessee relating to gross receipts and business sold at Vail. If the Town shall make or have such an audit made for any year and the gross receipts and business transacted shown by Lessee statement for such year should be found to be understated by more than two (2) percent, Lessee shall pay to the town the cost of such audit. The Town's right to .have such an audit made with respect to any year shall expire three (3) years after Lessee's statement for any year shall have been delivered to the Town. 11. PARKING Town agrees, during the term of this Agreement to provide Lessee or its manager, one (1) parking space within reasonable proximity to the leased premises at no charge. 12. TOWN AND LESSEE NOT PARTNERS Notwithstanding the provision herein contained for the payment by Lessee to the Town of sums based upon a percentage of gross receipts as herein provided, it is expressly understood and agreed that the Town shall not be construed to be a partner, associate, or joint venturer of Lessee in the conduct of its business, but Lessee shall at all times be regarded as and have the rights of an independent contractor, without the right or authority to impose tort or contractual liability upon the Town. -5- 13. CARE OF AREA AND SIGNS Lessee agrees to keep all premises occupied by it in the VTC in a neat, clean, safe, and orderly condition at all times and will so use the premises and the VTC as not to injure it except as such injury may arise out of ordinary wear and tear resulting from lawful use in accordance with the terms of this Agreement. Lessee further agrees that no signs or advertising material shall be painted on, erected, or placed in any manner upon the VTC without the prior written approval of the Parking Superintendent. }n Jh1L)E 1JCTrATJf INMA12 The parties hereby agree to release, indemnify, and save harmless ch INI ' other, their officers, agents, and employees from and against any all loss of, or damage to, property, or injuries to, or death of, any son or persons, including property and employees or agents, for the other party would be held legally responsible, and shall defend, i nify, and save harmless each other, their officers, agents, and empl es, from any and all claims, damages, suits, costs including attorne ees, expense, liability, actions, or proceedings or any kind or nature soever, of or by anyone whomsoever, in any way resulting from or arisin of, directly or indirectly, any act or omission of the other party in entice 0poraro4r?I R A b~ti a 1 z. 15. LIABILITY INSURANCE Lessee covenants and agrees that it will, during the term hereof, carry a .comprehensive general liability insurance policy, including automobile liability, with limits of not less than five million dollars ($5,000,000.00) provided, however, Lessee may elect to self-insure the first one million dollars ($1,000,000.00) and to carry a policy of excess insurance for four million dollars ($4,000,000.00) excess one million dollars ($1,000,000.00), naming the Town as an additional insured. Lessee shall furnish the Town a certificate-G4 insurance. All such policies shall contain a provision that the same may not be cancelled or materially changed or altered without first giving thirty (30) days prior written notice to the Town. 16. FIRE INSURANCE Lessee agrees to carry fire insurance to cover fire loss on the premises to its personal property and equipment used in the operation of this Agreement. Lessee agrees that if such personal property or equipment shall be damaged or destroyed by fire, or any other cause, said damage shall be promptly repaired or new equipment shall be promptly substituted thereof, all at the expense of Lessee, and without expense to the Town. -6- 14. INDEMNIFICATION iLessee hereby agrees to release, indemnify, and save harmless Lessor, L and Lessor's officers, agents, and employees from and against any and all loss of, or damage to, property, or injuries to, or death of, any person or persons, including property and employees or agents, for which Lessee would be held legally responsible, and shall defend, indemnify, and save harmless Lessor, and Lessor's officers, agents, and employees, from any and all claims, damages, suits, costs including attorneys fees, expense, liability, actions, or proceedings or any kind or nature whatsoever, of or by anyone whomsoever, in any way resulting from or arising out of, directly or indirectly, any act or omission of Lessee in connection with the operations of this lease. Lessor hereby agrees to release, indemnify, and save harmless Lessee, and Lessee's officers, agents, and employees from and against any and all loss of, or damage to, property, or injuries to, or death of, any person or persons, including property and employees or agents, for which Lessor would be held legally responsible, and shall defend, indemnify, and save harmless Lessee, and Lessee's officers, agents, and employees, from any and all claims, damages, suits, costs including attorneys fees, expense, liability, actions, or proceedings or any kind or nature whatsoever, of or by anyone whomsoever, in any way resulting from or arising out of, directly or indirectly, any act or omission of Lessor in connection with the operations of this lease. - 6A - 17. INSURANCE REQUIRED OF ANY CONTRACTOR PERFORMING WORK FOR LESSEE Lessee shall require that any contractor who performs work for Lessee on the leased premises will furnish a good and sufficient performance bond in an amount not less than the full amount involved in the contract as surety for the faithful performance of the contract by the contractor, and for the payment of all persons performing labor and furnishing material in connection with the work. Lessee shall further require the contractor who does any work on the leased premises to procure adequate contractors general public liability and property damage insurance and workmen's compensation insurance. Lessee shall before the commencement of any work furnish the Town with evidence that its contractor is adequately covered as herein provided. If at any time during the continuancy of the contract as surety in the contractors bond or bonds become defunct or otherwise irresponsible, the Town shall have the right to require additional and sufficient sureties which the contractor shall furnish within ten (10) days after notification to do so. 18. THIRD PARTIES This Agreement does not, and shall not be deemed or construed to, confer upon or grant to any third party or parties (except parties to whom Lessee may assign this Agreement in accordance with paragraph 27 hereof, and excepting any successor to the Town) any right to claim damages or to bring any suit, action, or other proceeding against either the Town or Lessee because of its execution, attempted execution, or the terms hereof. 19. TAXES, COMPENSATION INSURANCE, AND LICENSES Lessee agrees to pay promptly all taxes, excises, license fees, and permit fees of whatever nature, applicable to its operation in the VTC, and to take out and keep current all licenses, municipal, state or federal, required for the conduct of its business hereunder, and further agrees not to permit any of said taxes, excises, or license fees to become delinquent. Lessee further agrees at all times to maintain adequate Workmen's Compensation insurance (including occupational disease) with an authorized insurance company, or through the Colorado State Compensation Insurance Fund, insuring the payment of compensation to all its employees in connection herewith. Lessee further agrees to furnish the Town, upon request, duplicate receipts or other satisfactory evidence showing the prompt payment by it of social security, unemployment compensation, and Workmen's Compensation insurance, all required licenses, and all taxes. Lessee further agrees to pay promptly when due, all bills, debts, and obligations incurred by it in connection with its operation of said business at the VTC, and not to permit the same to become -7- delinquent, and to suffer no lien, mortgage, judgment, execution, or adjudication in bankruptcy which will in any way impair the rights of the Town under this Agreement. 20. COMPLIANCE WITH ALL LAWS AND REGULATIONS Lessee agrees not to use or permit the premises to be used for any purpose prohibited by the laws of the United States or the State of Colorado or ordinances of the Town of Vail, and it further agrees that it will use the roadways and other areas of the premises in accordance with all general rules and regulations adopted by the Town or its Parking Superintendent for the governing and operation of the premises, either promulgated by the Town or said Superintendent on its or his own initiative or by or in compliance with regulations or actions or any Federal agency authorized"to regulate interstate travel to and from said premises. 21. DEFAULT The occurrence of one or more of the following events of circumstances shall constitute a default hereunder by the Lessee: A. The filing by Lessee of a voluntary petition of bankruptcy. B. Proceedings in bankruptcy instituted against Lessee and adjudication of Lessee as bankrupt as pursuant to such proceedings. C. Appointment of a receiver of Lessee's assets or divestiture of Lessee's estate by other operation of law. D. Abandonment of the premises by Lessee and the discontinuance by Lessee ,of the conduct and operation of the business required hereunder for a period of thirty (30) consecutive days. E. Failure of Lessee to make lease rent payments due to the Town as provided in this Agreement within ten (10) days after the Town gives notice to Lessee of its delinquency. F. Failure of Lessee to perform, keep and observe any of the terms, covenants, or conditions herein contained on its part to be performed, kept or observed, which failure continues for a period of thirty (30) consecutive days of written notice of the existence of such breach, or if such default shall be of such nature that it cannot be cured completely within such thirty (30) day period, if the Lessee shall not have promptly commenced curing such default or shall not thereafter proceed with reasonable diligence and in good faith to remedy such default within such thirty (30) day period. Failure of the Town to seek redress for violation or to insist upon the strict performance of any covenant or condition of this lease shall not prevent a -8- subsequent act, which would have originally constituted a violation from having all the force and effect of an original violation. The receipt of the Town of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach. No provision of this lease shall be deemed to have been waived by the Town unless such waiver is in writing and signed by the Town. 22. REMEDIES OF THE TOWN If the Lessee shall default under this lease as set forth in Section 20, the Town shall have the following rights and remedies, in addition to all other remedies at law or equity, and none of the following, whether or not exercised by the Town, shall preclude the exercise of any other right or remedy whether herein set forth or existing at law or equity. A. The Town shall have the right to terminate this lease by giving tenant thirty (30) days notice in writing to be served as herein provided, and the term hereby remaining shall thereupon cease and expire in the same manner and to the same effect as if it were the expiration of the term herein stated. Upon any termination of this lease, tenant shall quit and surrender to the landlord the premises as set forth in Section 22. B. The Town may, without demand or notice, reenter and take possession of the premises or any part thereof, and repossess the same as of the Town's former estate and expel the Lessee and those claiming through or under Lessee, and remove the effects of any and all such persons (forcibly if necessary) without being deemed .guilty of any matter of trespass, without prejudice to any remedies for arrears of rent or preceding breach of covenants and without terminating this lease or otherwise relieving tenant of any obligation hereunder. Should the Town elect to reenter as provided in this Section, or should the Town take possession pursuant to legal proceedings or pursuant to any provision provided for by law, the Town may, from time to time, without terminating this lease, relet the premises or any part thereof for such term or terms and at such rental or rentals, and upon such other conditions as the Town may in its absolute discretion deem advisable, with the right to make alterations and repairs to the premises. No such reentry, repossession or reletting of the premises by the Town shall be construed as an election on the Town's part to terminate this lease unless a written notice of termination is given to the Lessee by the Town. No such reentry, repossession or reletting of the premises shall relieve the Lessee of its liability and obligations under this Lease, all of which shall survive such reentry, repossession or reletting. Upon the occurrence of such reentry or repossession, the Town shall be entitled to the amount -9- L of the monthly rent, and any other sums which would be payable hereunder if such reentry or repossession had not occurred, less the net proceeds, if any, of any reletting of the premises after deducting all of the Town's expenses in connection with such reletting. Lessee shall pay such amount to the Town on the days on which their rent or any other sums due hereunder would have been payable hereunder if possession had not been retaken. In no event shall the Lessee be entitled to receive the excess, if any, of net rent collected by the Town as a result of such reletting or with the sums payable by the Lessee to the Town hereunder. 23. CANCELLATION AND TERMINATION BY LESSEE DAMAGE TO LEASED PREMISES Lessee, in addition to any other right of cancellation herein given to Lessee, may cancel this Agreement and terminate all of its obligations hereunder at any time by giving the Town sixty (60) days written notice upon or after the happening of any one of the following: A. Lessee ceases its motor bus operations at Vail, Colorado. B. The breach by the Town of any of the covenants or agreements herein contained and the failure of the Town to remedy such breach for a period of thirty (30) days after receipt of written notice of the existence of such breach; provided that at such time the Town shall not in good faith be attempting to remedy such breach. C. (1) The inability of Lessee to use the leased premises for a period of one hundred eighty (180) days for any reason, including but not limited to destruction or damage by fire or other casualty. (2) Notwithstanding subparagraph C.(1) hereof, in the event the leased premises are partially damaged and rendered unusable but can be repaired within one hundred eighty (180) days, this Agreement shall remain in full force and effect, except that Lessee shall be entitled to a proportionate reduction of monthly payments due from the date the-damage occurred while repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall materially interfere with the business carried on by Lessee. 24. SURRENDER OF POSSESSION AND REMOVAL OF EQUIPMENT Lessee agrees to yield and deliver to the Town possession of the leased premises at the termination of this Agreement, upon the expiration of the term or as otherwise herein provided, in good condition and in accordance with the express obligations hereunder, except for reasonable wear and tear, fire, or other casualty beyond the control of Lessee. Lessee shall have the right at any time during the term hereof to remove that equipment and any other personal property other than -10- fixtures which is to remain the property of Lessee and placed in it, at its expense, in or about the said premises, subject, however, to any valid lien or claim which the Town may have for unpaid rent, provided, however, that if Lessee in the removal causes any damage to the premises, Lessee will repair the same in a proper and satisfactory manner at its sole cost and expense. 25. WAIVER OF DAMAGES The Lessee hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by it by reason of any defect, deficiency, or impairment of the VTC, including but not limited to the water supply system, drainage and heating systems, steam system, electrical system, or wires leading to the leased premises; and Lessee hereby expressly releases and discharges the Town and its officers, employees, and agents from any and all demands, claims, actions, and causes of action arising from any of the causes aforesaid. 26. NOTICES All notices required to be given to Lessee hereunder shall be given by certified or registered mail addressed to Lessee at 13750 Noel Road, Attention: Real Estate Dept., Suite 630, Dallas, Texas,75240; all notices required to be given the Town shall be given by registered or certified mail to the attention of the Town Manager at 75 South Frontage Road, Vail, Colorado 81657; provided, however, the parties, or either of them, may designate in writing from time to time a substitute address for said notices. 27. WAIVERS A. No waiver of default by the Town of any of the terms, covenants, or conditions hereof to be performed, kept, and observed by Lessee shall be construed as or operate as a waiver by the Town of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by Lessee. B. No waiver of default by Lessee of any of the terms, covenants, or conditions hereof to be performed, kept, and observed by the Town shall be construed as or operate as a waiver by Lessee of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by the Town. 28. ASSIGNMENT Lessee covenants and agrees not to assign, sublet, pledge, or transfer its right in this Agreement, in whole or in part, not grant any license or concession hereunder, without first obtaining the prior written consent of the Town which shall -11- not be unreasonably withheld, conditioned, or delayed, except that Lessee shall have the right, without the Town's consent to sublease to a commission agent of Lessee and to assign, sublease, or transfer to an affiliate, subsidiary, or parent company. 29. UTILITIES The Town agrees that it will, at its own expense, furnish the necessary electricity, heating, lighting, trash removal, and water for the leased premises. Janitorial and all other services necessary to maintain the leased premises in a clean and orderly condition, as well as special lighting lamps not normally furnished by the Town, are to be secured and supplied at Lessee's own cost and expense. 30. NO DISCRIMINATION Lessee, for itself, its successors and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the property covered hereby for a purpose for which a Federal Department of Transportation program or activity is extended or for another purpose involving the provision of a similar service or benefit, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs .of the Department of Transportation--Effectuation of Title VI of the Civil Rights Action of 1964, and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants and the failure of Lessee to remedy such breach for a period of thirty (30) days after receipt of written notice of the existence of such breach, the Town shall have the right to terminate the Agreement and to reenter and repossess the premises covered hereby and the facilities therein and thereon, and hold the same as if said Agreement had never been made or issued. 31. AUTHORIZED REPRESENTATIVE The Town's authorized representative for purposes of this Agreement shall be the Town Manager or the Parking Superintendent until written notice to the contrary is hereafter given to Lessee by the Town. 32. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience in reference only and are not intended to define or limit the scope of any provision of this Agreement. -12- 33. BOND ORDINANCE This Agreement is in all respects subject and subordinate to Ordinance No. 3, Series of 1974, of the Town of Vail, Colorado. 34. AGREEMENT SUBORDINATE TO AGREEMENTS WITH THE UNITED STATES This Agreement is subject and subordinate to the terms, reservations, restrictions, and conditions of any existing or future agreement between the Town and the United States of America, relative to the operation of maintenance of the premises, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the VTC. 35. AGREEMENT BINDING This Agreement shall, subject to the provisions of paragraph 27 hereof, be binding on and extended to the successors and assigns of the respective parties hereto. 36. BUS TERMINAL AGREEMENTS The Town shall have the right to permit any other bus company, "Third Party Bus Company", to utilize, through lease or otherwise, space in the VTC on terms agreed to by and between the Town and Third Party Bus Company. Lessee shall have the right, but not the obligation, to enter into agreements with any Third Party Bus Company whereby Lessee may provide bus terminal services, i.e., selling of tickets or express, handling baggage, and/or providing information, for the benefit of Third Party Bus Company on terms agreed to by and between Lessee and Third Party Bus ,Company. Lessee (or an operating affiliate of Lessee) shall be permitted to enter into Bus Terminal License Agreements, "Terminal Agreements", with non-affiliated bus operating companies whereby said non-affiliated bus operating companies will be permitted to utilize the.leased premises for the pickup and delivery of passengers and package express pursuant to the terms as set forth in said Terminal Agreements. Such Terminal Agreements shall not be deemed to be assignments or subleases within the meaning of this lease, and Lessee shall not be required to obtain the Town's approval to enter into such Terminal Agreements. 37. AGREEMENT MADE IN COLORADO This Agreement shall be deemed to have been made in, and construed in accordance with the laws of the State of Colorado. 38. MAINTENANCE AND REPAIRS Lessee shall not cause or permit waste, damage or injury to the premises. It shall at its own expense keep the leased property and all improvements thereto in -13- Lf. good condition and shall make all repairs and replacements necessary to maintain the leased premises except that structural repairs and paving of the parking area shall be the responsibility of the Town. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made the day and year first above written. TOWN OF VAIL, COLORADO By: Rondall V. Phillips, Town Manager ATTEST: Pamela A. Brandmeyer, Town Clerk TRAILWAYS LINES,.INC. By : paj Paul J.U Tennant, Vice President ATTEST: Rx x fxx Rat tvnNx AzzA;s t= tx fvx;r)e3tAr y DX X X))"X X SU 1P1fkSlW X a ual X* R. E. Patton, Assistant Secretary -14- EXHIBIT A 'PROPERTY DESCRIPTION . part of Tract C and Tract B, Vail Village First Filiii~, Cotl- of :agle,• state of-Colorado, more particularly describcd as follo:,•s: ~=-,(ZtLC'ing at the. Northeast corner of Lot-P, Block 5-D, said Vail t'illsge ?irst Filing; *thence Southeasterly along the*Northerly line of said Cract-C 133.36 feet to the true point of beginning; thence on an arol.e :o the right of 89°39.23", 190454 feet to a point of intersection with =he Northerly •line. of Gore Creek hoad; thence on an angle to the left )f 63057'27" and along said Northerly line and along a curve to the _ight having a radius of 119.58 feet, a central angle of 17 °16'02", - an and '.di.- tance of 36.04. feet to a point 'of reverse' curve;* "thence along said.North.erly line and' a long •a curve to the left- having a radius . Df 95.77 feet, a central angle of _ 57 °51'40", an arc distance: of 95_.71 ' Beet to -a po int of *tangent; thence -along said Northerly line and alaiig ~a;d tangent 129.50 feet to a point'of curve;*'thence alonsaid --herly line* and along a curve to the right having a radius of 135.~v y 71* B=eet, a central angle of 32'48'15", an arc' distance of 77.29 feet to a . ?oint of -reverse curve;. thence* along said .Northerly line and along a :urve to the left having a radius of .193.01 feet, a central angle of ?6°03'31", an arc distance *of 37.18 feet to -a pol it of tangent; - ' :hence along said Northerly line and along said tangent 226.46 feet -o a point of curve; thence along said Northerly line and along a curve -o the. right having 'a radius of 89.9.6 feet, a .cent al angle -of 34 °1.3'41", an arc distance of 53.74 feet to a point of reverse curve; thence alon-g* said 21-ortherly. lire and-a.long a curve to the left havinf a -adius of 83.00 feet, a central angle of 29°51'36", an arc distance DE 45.86 feet to a point or tangent; thence along said Northerly ;lire a;.d along said tangent 170.30 feet; thence on an angle to the right of 56°19'31" and along said.Northerly, line 44.16 feet; thence or_ an angle to the left of 64°19'12", 75.21 feet; thence on an .angle to the right :)f' 82°?_2'42", 41.67 feet"; thence on an angle to the left of 70°36'06", x.7.6 feet. to a point of intersection with the Southerly line of_ Tract `I said Vail Village First Filing; thence on an angle to the left of '5°57'47" and along said Southerly line 100.00 feet; thence on nn nngle to the r".1it of 25°58'00" and. along said Southerly line 75.00 feet; thence o;z an angle' to the left of 90 °00' 00 198.31 feet to - a pos.iit of intersection with the Northerly line of said thence on an angle to the left of 89 °59'45" aand along said northerly .line 1185.66 -feet -to the true point of, bcoinnir1g; containing 2,E0, 553.522 square )r 5.5223 acres, more or less. . d[C9 MAR - 9 HB) 5012938 Vaill. Colorado $1658 of reo ..o p... Inc, 39 1:37 k, VJ -ter VJ a,> J~l ~ I A zed 6-t z7l.6- o-n- a nzac~-~a-p aiva.Z r' ~j.aQa 7J~ o-uy..,,aP ~9 712 wr v:Q