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HomeMy WebLinkAbout1987-04-14 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 14, 1987 2:00 p.m. AGENDA 1. Public Meeting - Summer Construction in Vail Village 2. Upper Eagle Valley Water and Sanitation District's Proposal to create a Rooftop Parking Lot adjacent to the Old Town Shops 3. Discussion of Bus Scheduling and Village/Lionshead Shuttle 4. Computer Implementation Update and Status of Year-to-Date Reporting 5. Discussion of Coors Bicycle Classic Agreement 6. Town Council/Vail Metropolitan Recreation District Committee Report 7. Information Update 8. Other REMINDER: Lunch with VAIL TOWN COUNCIL the Vail Valley Medical Center Reps. 12:00 noon WORK SESSION and tour of new wing TUESDAY, APRIL 14, 1987 2:00 p.m. EXPANDED AGENDA 2:00 1. Public Meeting - Summer Construction in Vail Village Peter Patten Action Requested of Council: Listen to public comment from merchants, residents and property owners in Vail Village regarding the staff's master plan to control construction and loading/delivery activity in the Village this summer. Give staff direction as to any desired changes in the plan. Background Rationale: Council agreed to staff's plan on 4/7 regarding summer construction activities. This meeting will be to make those affected aware of the impacts and to take their comments. Revisions to the plan will be made as necessary. 2:30 2. Upper Eagle Valley Water and Sanitation District's Proposal Peter Patten to create a Rooftop Parking Lot adjacent to the Old Town Shops Action Requested of Council: Review the proposal and make appropriate comments. Background Rationale: UEVWS would like to relocate their parking area from TOV and VA land near the Forest Road bridge to the roof adjacent to the Old Town Shops. The Council is an adjacent property owner and should review the plans from that perspective. Comments will be incorporated into the staff recommendation for the conditional use permit request to the PEC. Staff Recommendation: No final recommendation formulated yet. 2:45 3. Discussion of Bus Scheduling and Village/Lionshead Shuttle Skip Gordon Stan Berryman Action Requested of Council: Receive report and make comments or suggestions. Background Rationale: Council asked for information as to why the buses stop occasionally for a few minutes. See enclosed memo. 3:00 4. Computer Implementation Update and Status of Year-to-Date Charlie Wick Reporting Action Requested of Council: Information session only - no action necessary. Background Rationale: The Town is implementing its first software modules on its new computer system. Since there are no practical conversion capabilities from the old system to the new system, staff has not been entering financial data into the old system since 1/1/87 and was unable to input financial data into the new system until General Ledger and Accounts Payable were on-line. Therefore, staff has been unable to produce Year-to-Date reports. However, the first Year-to-Date report from the new system is not far away and status of reporting capabilities needs to be shared with Council. 3:10 5. Discussion of Coors Bicycle Classic Agreement Ceil Folz Action Requested of Council: Discussion of proposal and direction for the future with the Coors Classic. Background Rationale: The Coors Classic would like to expand the criterium course to include East Meadow Drive and Vail Road in 1987, and Beaver Dam and Forest Road in 1988. Staff is looking for direction on the future of the Coors Classic from the Council and community. 3:30 6. Council/VMRD Committee Report Kent Rose Eric Affeldt Action Requested of Council: Discuss the report and determine whether or not there is philosophical agreement with it. Background Rationale: The Committee is recommending that all recreation go to VMRD along with the necessary mill levy to support it. This would have to be done by election since the VMRD mill levy would be increasing substantially. 3:45 7. Information Update Ron Phillips 3:50 8. Other -2- a tovig DOI pail 292 west meadow drive recreation department vail, Colorado 81657 (303) 476-2040 MEMO TO: Ron Phillips F?0 Ceil Folz DATE: April 6, 1987 SUBJECT: Coors International Bicycle Classic On March 31, 1987, Pat and I met with Don Hobbs of the Coors Classic. Don approached us about expanding the Village Criterium course. This request brought about two areas or concern that we would like direction from you and the council on: 1. The actual physical expansion of the Coors Classic course. 2. The extent to which the town will support the Coors Classic both financially and with inkind services. Course Expansion The Coors people issued several explanations for larger course: 1. Criterium courses are becoming obsolete, as it is a spectator's event, not a racer's. 2. The way a criterium is set up, it is conceivable that all racers could finish with the exact same time, or very little time difference, therefore the event usually does not affect a racers overall standing:.. 3. Racers are not fond of criterium courses. The danger potential is not worth the small differences in times. Coors has proposed adding a Beaver Dam/Forest Road segment, connected to the old course via E. Meadow Drive and Vail Road. This changes the .87 mile criterium course to a 2.2 mile circuit course and adds a climbing segment (Beaver Dam). They are open to other expansion proposals. Town Support This event has grown tremendously in the past nine years. As the event grows, demands on the town also increase. Police estimated last years crowd at 25,000. The parking structures were full and cars lined both frontage roads. The Recreation Department is seeking input from the Council on their commitment/or lack of to this event. If a course expansion should occur; does the town want to pay in part or full for course improvements, etc? The Recreation Department supports this event, but feels with the proposed expansion, we are at a crossroads and would like input and direction from the council and community before progressing. r d IDWH of Vail 292 west meadow drive recreation department vail, colorado 81657 (303) 476-2040 MEMO TO: Ron Phillips.; FROM: Ceil Folz DATE: April 9, 1987 SUBJECT: Coors Classic Don Hobbs of Coors Classic called urging the Town to consider extending the criterium course for this year. The expansion they are hoping to see this year would include East Meadow Drive and Vail Road. They are still hoping for the Beaver Dam/Forest portion to be added in 1988. Please include this most recent proposal with the council. 7D) Exit 176 Y H S. Frontage Rd. t East c~i~ C) d Gore Creek T E. Meadow Dr. • Bea r-~ Gore Creek Dr i' Forest ti NORTH MEMORANDUM TO: Town Council FROM: Ron Phillips DATE: April 9, 1987 SUBJECT: West Vail Street Improvement District The following is a transcript of a small portion of the tape from the February 10, 1987 Council Work Session: Gail: But then again, through the public hearing they can come back in and we would know if they changed their minds, right? If we have out of these nine owners, we have nine people come in just reading about it Stan: Oh, yes. Like I said, there is a hearing and you actually have to adopt an ordinance that creates the district and that's after the notices are sent out. John: And you're going to notify them separately about their problem? They're going to get a different kind of notice that says Stan: In the notice itself, what we plan on putting in there is not only an .itemized breakdown for their lot, and we're doing it on a square footage basis. That seemed to be the most acceptable and fairest way to do it instead of just lot front footage which would work to the detriment of somebody on a cul-de-sac. We're using total lot square footage times the percentages, and we'll have an itemized breakdown of what their payment will be. We'll also have a statement in there that mentions if they would like to do private work in their driveways to tie into this contracts, that will decrease that price to them, and then any of these special items all the special assessments will be added. Paul: But that will be asterisked? This is not common to everyone, this is your street or whatever? Is that what you're Stan: Yes. Right. Bill: There will be something similar like an assessment sheet with all the numbers on it and then there will be a cover sheet trying to explain that. Stan: Explain everything. And everybody will get that by mail. The meeting where we first discussed the West Vail Street Improvement District was on January 6, 1987. It was at that meeting we told the Council we would discuss the project with you again before proceeding. The second discussion was on February 10 indicated above. RVP/bsc RETT • V Revised: 4/ 9/1987 J TOWN OF VAIL REAL ESTATE TRANSFER TAX History and Budget 1986 1980 1981 1982 1983 1984 1985 1986 1987 1987 BUDGET MONTH ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL BUDGET ACTUAL VARIANCE J January 63,999 98,089 106,981 119,972 78,053 80,733 101,374 83,191 130,231 47,040 February 40,595 69,018 105,024 132,220 86,289 170,052 64,906 ; 81,801 43,980 ( 37,821) March 69,886 126,935 109,533 137,820 62,693 63,831 92,557 82,747 38,791 ( 43,956) Subtotal 174,480 294,042 321,538 390,012 .227,035 314,616 258,837 ; 247,739 213,002 ( 34,737) April 76,655 94,653 65,900 103,526 173,321 90,396 182,743 ; 96,338 i May 42,738 84,324 54,663 90,599 96,006 228,673 98,651 75,862 J. June 62,239 125,433 54,488 140638 76,467 49,513 79,915 ; 71,266 July 49,367 186,110 104,262 68,539 157,598 88,528 70,441 ; 87,508 August 79,859 115,499 71,282 97,806 58,937 32,860 100,182 72,969 September 59,800 113,992 49,332 96,746 64,671 48,516 108,167 ; 67,721 October 108,510 154,000 42,498 122,546 88,732 109,633 93,860 93,572 November 102,623 107,768 81,698 91,385 105,109 74,909 89,047 ; 84,020 December---------142,662 133,867 110,911 56,533 81,890 333,139 106,695 103,004 TOTAL 899,133 1,409,688 956,572 1,258,330 1,129,766 1,370,783 1,188,538 ; 1,000,000 213,002 ( 34,737) t~ J; SALESTAX J a ,t TOWN OF VAIL SALES TAX ESTIMATION WORKSHEET 1987 1987 MONTH 1980 1981 1982 1983 1984 1985 1986 , BUDGET ACTUAL Variance ----------------------------------------------------------------------------------------I--------------------------------- December 549,000 590,242 820,762 737,506 853,100 906,758 905,955 1,131,000 1,167,280 36,280 January 626,448 514,102 675,186 696,752 742,262 881,304 890,585 1,011,000 1,063,196 52,196 February 624,040 594,292 687,792 751,656 824,650 918,154 946,552 ; 1,062,000 1,135,786 73,786 SUBTOTAL 1,799,488 1,698,636 2,183,740 2,186,114 2,420,012 2,706,216 2,743,092 3,204,000 3,366,262 162,262 March 683,000 697,464 853,648 977,828 1,084,814 1,187,520 1,316,652 1,310,000 April 246,820 308,436 355,300 319,546 481,204 531,668 430,877 539,000 May 89,180 135,774 147,378 156,588 166,200 162,912 244,987 ; 224,000 June 176,044 245,204 247,326 257,744 262,696 280,828 361,627 ; 361,000 July 281,846 339,418 349,116 407,474 406,462 447,815 479,507 534,000 August 268,052 332,724 348,756 384,338 402,792 386,985 512,513 ; 518,000 September 176,090 285,918 268,598 324,670 384,864 340,102 374,060 435,000 October 137,376 225,024 223,830 198,614 206,248 209,282 237,504 266,000 November 140,630 210,254 245,894 281,704 310,588 229,083 376,657 ; 366,000 ; TOTAL 3,998,526 4,478,852 5,223,586 5,494,620 6,125,880 6,482,411 7,077,476 7,757,000 3,366,262 162,262 r4 .Y 'a .j PRESENT : ABSENT : Steven Sc'.monett, Acting Jack CuAti.n Cha Arran Co.P..in Gtea6on Rob Fond Bob Kendat2 LakAy Ukw th AGENDA AAt Abpta-natp, neptce6enti,ng the Authotr_ity REGULAR MEETING Pam Bnandm eye% LOCAL LIQUOR LICENSING AUTHORITY APRIL 8, 1987 10:00 A.M. 1. Consideration of the Board of the following manager registrations: a. Sonnenalp Properties, Inc., dba, the Sonnenalp Unan m ouzty approved. Restaurant - Otto G. Haensler. b. Compass Rose, Inc., dba, the San Antonio Rose - Continued to 5-13-87. Kevin R-Wall. 2. Notification of the Board of a change of trade Board noti6ied. name from Compass Rose, Inc., dba, the San Antonio Rose to Compass Rose, Inc., dba, Clancy's. 3.- Consideration of the Board of a modification of Continued to 5-13-87. premises for Mountain Liquors, Inc., dba, Peregrine Wines and Spirits. 4. Consideration of the Board of a corporate structure Unanimouzty approved. change for X-Bar Fly, Inc., dba, the Hong Kong Cafe, with the following change in stock ownership: a. Philip E. Hoversten 50% b. Max J. Schmidt 50% 5. PUBLIC HEARING: Consideration of the Board of an Unan.imou6ty approved. application for a Special Events Permit, 3.2% Beer RecAeatLon Department to Only, by the Town of Vai1:'Recreation Department in repoyrt back to Liquors Board conjunction with the Michelob Lacrosse Shootout, to at the regutot meeting 7-8-87 be held from 10:00 A.M. to 5:00 P.M. on July 4, 1987, regatd.ing event. and from 10:00 A.M. to 4:00 P.M. on July 5, 1987, at the location of Ford Park, the 700 Block of South Frontage Road East, Vail, Colorado. 6. PUBLIC HEARING: Consideration of the Board of an Unanimousty approved. application for a Hotel/Restaurant Liquor License with Extended Hours by Steven Satterstrom, Inc., dba, Satch's Restaurant at the Clubhouse, with the following officers, directors, and shareholders: a. Steven H,..Satterstrom, President, Director, and 100% Shareholder b. Susannah W. Satterstrom, Secretary/Treasurer c. Registered Manager - Steven H. Satterstrom Unan mousty app~Loved. This license to be located at 1778 Vail Valley Drive, Vail, Colorado 81657. 7. PUBLIC HEARING: Consideration of the Board of the Unan,imousty approved. application for a Retail 3.2% Beer: Fermented Malt Beverage License, Sales for Consumption "On" and "Off" the Premises, at the location of the Vail Golf Course, 1778 Vail Valley Drive, Vail, Colorado 81657, with the following officers, directors, and share- holders: a. Steven H. Satterstrom, President, Director, and 100% Shareholder b. Susannah W. Satterstrom, Secretary/Treasurer c. Registered Manager - Frederick P. (Rick) UnanunouzZy approved. Sackbauer, III AGENDA LOCAL LIQUOR LICENSING AUTHORITY REGULAR MEETING APRIL 8, 1987 PAGE TWO 8. PUBLIC HEARING: Suspension/Revocation Hearing for the L.icenzee bound guit ty o6 the Customer Company, Inc., dba, the Vail Food and Deli, v.io.Cati,on and given a three with the grounds for suspension or revocation as month su/spemion-to commence follows - at noon on Thuuday, Apxil 9, 1987, and to continue to On March 6th, 1987, the Customer Company, dba, the noon on Thususday, Juty 9, 1987. Vail Food and Deli, sold a fermented malt beverage, as defined by 12-46-103(1) C.R.S., to persons under the age of eighteen years, in violation of 12-46-112(1)(b) C.R.S., as amended. 9. Notification of the Board of recent renewals: a. G. Elizabeth Cordier/Gregg J. Cordier, dba, the Unanimou~sty approved. Great American Lobsterbar. b. The Stein Garden, Inc., dba, the Stein Garden. Unanimouzty approved. c. Gary Haubert, Steve Buis, Etal, dba, the Lionshead Unawim ours.2y approved. Bar and Grill. 10. Notification of the Board of recent incident reports: a. Vail Police Report #87-1409, Chair 16, Service Larry to con6en w/po Uce to Minors/Control of Premises. o6bic.ets to e~stabtizh whether b. Memo dated March 17, 1987, from. Sgt. Tom Sheely. these shouZd be taken to a .s"pen,s.ion/tevocation heating. 11. Other Business. None. 12. Any Other Matters the Board Wishes to Discuss. None. Meeting adjoutr.ned at 12:40 P.M. VAIL RESORT ASSOCIATION BUSINESS AFTER HOURS MIXER You are cordially invited to the VRA's Business After Hours Mixer hosted by LionsHead Bar & Grill DATE: Wednesday, April 15, 1987 TIME: 5:30 - 7:30 p.m. LOCATION: 616 W. LionsHead Mall Concert Hall Plaza Vail, CO 81657 Great food and drink will be served by your Host and Owner Gary Haubert. Remember - LionsHead Bar & Grill is open all through the off season. Please bring your non-VRA friends. RECT APR - 9 1987 AZL VAIL RESORT ASSOCIATION, 241 E. Meadow Drive, Vail, Colorado 81657 ` -Es now i ~,~I ' , ,Nib.+.. ' • i , FIZ, 18 east g vall colorado (303) 476-2266 8o. dra err5530ek driavon c to ado 81620657 (303) 949-1600 OVERLAND U EAPRESS COMPANY p i Ica Mayor Paul Johnston w THE TOWN OF VAIL ' A 75 South Frontage Road West 0Z --'Vail, 'Colorado 81657, A O ..Dear Paul_! i. Let me add one more voice` to the growing chorus of concern over 'the major new highway construction aimed at reducing the congestion at the '4-way stop.' ,There 'is 'no 'question that this is a'focal point of occasional inconvenience to us all and an easy target for criticism. in guest surveys. The ,Town should be applauded for taking action, but I'm convinced that the total proposed plan is a typical case where the "cure" is far worse t.han',the proverbial "disease". 'Most of the press coverage and general discussion has been focused on „ the traffic signals; whether a modest improvement in peak-traffic flows will be wort,h.the inconvenience and loss in aesthetic.value the other.+300 days a year. However, there are two other parts in the scheme that'will•have far greater'negative impact. Constructing a new on-off ramp at the West end of Lionshead, and more particularly, closing of the current Westside entrance ramp into Vail Village are not good solutions to the problem for the following reasons: 1. Inconvenience: Well over 60% of the local traffic into Vail comes ;.from the West. Under,the'new plan, all the people heading towards the village transportation•center including-the Beaver'Creek buses, 'rest- aurants, Gold Peak, the Golf Course, and surrounding resi.dential.areas will have '.'to ''exit I-70 in Lionshead and wind its way along the South Frontage Road. This is dumping a 'significant amount of new traffic onto an already overcrowded street, moving at 25 MPH for over a mile instead of using the'Inter-State at 55 MPH. Yes, this will improve things at the '4-way stop, but at too'high'of a price in terms of .increased travel time and added congestion on the streets.. 2. TOV Bus.System:'At•the start and end of each ski day, the buses are literally run back to back. All these lumbering vehicles cross the South Frontage road twice in each direction. To avoid massive delays in our prime transportation system will probably mean adding add- itional signals both at East and West Lionshead Circle, as traffic on the•South Frontage road increases due to the new ramps. -2- 3. Safety: Of all the roads in Vail, South Frontage is the least likely candidate to handle significant extra volume. It is two lanes, relatively narrow, has several major cross-streets including the single entrance to the Lionshead parking structure (another light and four often slippery 90 degree turns. 4. Cost: Most of the 12 million dollars will come from Federal coffers. But that is still tax money that this country can use more wisely elsewhere. Maybe donate it to the national debt. Vail's share, about 4 million, definitely could find ready use for the long wish list of other community projects that currently lack funding. 5. Aesthetics: Lots of time and money has already been invested in creating a proper "entrance" to Vail. Under the new proposal, our lucky guests from the East will be met with a profusion of lights and an empty "fenced-off" (not removed or landscaped) concrete ramp to nowhere. Those from the West well be greeted by the VA vehicle storeage yard which resembles a depressed industrial steel center. Neither conveys an overly impressive warm welcome to a premiere upscale world-class mountain resort. 6. Environment: Currently a grove of several dozen magnificent mature trees occupy the site choosen for the new on-off ramp. Most if not all of these beauties will be lost in the construction. This is reason enough in my mind to come up with a new plan. On the otherhand maybe the stumps could be used as a base for the plastic rock. .I don't have any ready solutions to the 4-way problem. But closing one of the major entrance ramps into town just to accommodate the traffic signals is down right foolish. Let's go back to the drawing board on this one. If all else fails, maybe we'll just have to live with the problem. But let's not change the entire face of Vail away from a unique appealing destination into just another roadside attraction. I hope other voters will express their concerns to you and the rest of the council. S'n ely, ~ . an , ric trQch 4 A ril 1987 P R 1 0 1987 / ~ j RE I,' APR - 71987 OPEN HOUSE Please join us 000. in celebrating our I / Newly Remodeled Showroom bf, ~X, I Wednesday, April 15th DENVER -ASPEN -VAIL . , or Thursday, April 16th from 4:00 p.m. to 8:00 p.m. for cocktails and hors d'oeuvres. Door Prizes -Ice Maker and G.E. Microwave Vail Showroom P.O. Box 275 41394 Hwy 6 and 24 RSVP - 949-5500 Avon, CO 81620 (303) 949-5500 RESOLUTION NO. 12 Series of 1987 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND REACHING CERTAIN CONCLUSIONS RELATING TO THE ANNEXATION OF A PORTION OF THE AREA GENERALLY KNOWN AS WEST VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, landowners comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed (which area is described in Exhibit A attached hereto and made a part hereof by reference) and owning more than fifty percent (50%) of the area excluding public streets and alleys and any land owned by the Town of Vail filed a petition for annexation of said area with the Town Clerk of the Town of Vail, Colorado requesting the Town to commence proceedings for the annexation of said area; and WHEREAS, the Town Clerk referred said petition to the Town Council of the Town of Vail as a communication at a regular meeting of the Town Council on the 17th day of February, 1987; and WHEREAS, at said regular meeting the Town Council passed a resolution making the following findings: .A. That the petition for annexation has been signed by more than fifty percent (50%) of the landowners in the area proposed to be annexed and owning more than fifty percent (50%) of the area excluding public streets and alleys and any land owned by the Town of Vail. B. That the petition for annexation was in substantial compliance with the requirements of C.R.S. 31-12-107(1), as amended. C. That the Town Council had the necessary jurisdiction to proceed with the annexation of said territory; and WHEREAS, the Town Council passed Resolution No. 7 and determined in said resolution that it should hold a public hearing to determine if the proposed annexation complies with Section 31-12-104 and 31-12-105, C.R.S., as amended, to establish whether or not said area is eligible for annexation under the Municipal Annexation Act of 1965, as amended, said hearing to be held at a regular meeting of the Town Council on the 17th day of February, 1987, at 7:30 p.m. in the Municipal Building of the Town of Vail; and WHEREAS, the Town Clerk gave notice of said public hearing on the annexation petition in accordance with the provisions of 31-12-108(2), C.R.S., as amended; and WHEREAS, the Town Clerk has received proof of publication of the required notice and of the publication of Resolution No. 7, Series of 1987, which certificate of publication is attached hereto. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, that: 1. FINDINGS OF FACT On the basis of competent evidence presented in the public hearing on the petition for annexation on the 17th day of February, 1987, at 7:30 p.m., the Town Council of the Town of Vail, Colorado, finds and determines as follows: A. At least one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Vail, Colorado, the annexing municipality; the area proposed to be annexed is described in Exhibit A hereof and shown on the annexation plat which is incorporated herein by reference and made a part hereof. B. A community of interest exists between the territory proposed to be annexed and the annexing municipality; the territory proposed to be annexed is urban or will be urbanized in the near future; and the territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Vail. C. In establishing the boundaries of the territory proposed to be annexed there was no division of any parcel of land therein held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, that has been divided into separate parts or parcels without the written consent of the landowners thereof. D. In establishing the area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty (20) acres or more (which, together with the buildings and improvements situated thereon has a valuation or assessment in excess of two hundred thousand dollars ($200,000) for ad valorem tax purposes for the year next preceding the annexation) has been included without the written consent of the landowner. E. No annexation proceeding concerning any part of the territory proposed to be annexed has been commenced by any other municipality. F. The annexation of said territory will not result in the detachment of any area from any school district. G. No election is required for the annexation of said territory under Section 31-12-107(2). -2- 2. CONCLUSIONS AND DETERMINATIONS Based on the findings of fact set forth in Paragraph 1 hereof, the Town Council reaches conclusions and makes determinations as follows: A. The requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., as amended, have been met in regard to the proposed annexation. B. No annexation election is required under Section 31-12-107(2), C.R.S., as amended. C. The Town Council hereby determines that no additional terms and conditions are to be imposed on the territory to be annexed. 3. This Resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of April, 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- Exhibit A LEGAL DESCRIPTION A11 of Lots 20 and 21, Section 1, and part of the N 1/2 Section 12, all in Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County. Colorado, described as a whole as follows: Beginning at an existing brass.cap monument 'marking the N 114 Corner of said Sec- tion 12; thence N00°01'02"W 61.32 feet, along the westerly line of Lot 1. The Ridge at Vail according to the map thereof recorded at Reception No. 202800, to the boundary of Lion's;Ridge Subdivision Filing No. 4 according to the map thereof recorded at/Reception No. 202794; thence the following two courses along the west- erly and northerly lines of said Lion's Ridge Subdivision Filing No. 4: (1) N00°O1' 02"W 1307.66 feet; (2) N81°51'42"E 1378.39 feet, to the northeasterly corner of said Lion's Ridge Subdivision Filing No. 4; thence the following six courses along the existing Town of Vail boundary: (1) SO0°04'39"W 1379.52 feet along the easterly line of said Lion's Ridge Subdivision Filing No. 4; (2) S88°17'49"W 300.00 feet along the southerly line of said Lion's Ridge Subdivision Filing No. 4, to the northeasterly corner of Lion's Ridge Subdivision Filing No. 2 according to the map thereof recorded at Reception No. 121219; (3) SO0°03'25"W 495.18 feet along the easterly line of said Lion's Ridge Subdivision Filing No. 2; (4) departing said easterly line and continuing S00°03'25"W 88.62 feet, to the southerly right-of-way line of Lion's Ridge Loop; (5) 488.67 feet along said right-of-way on the arc of a 1771.95 foot radius curve to the right, having a central angle of 15°48'04", and having a chord that bears S51°38'04"W 487.12 feet; (6) S59°32'06"W 1243.30 feet along said right-of-way line to the easterly line of Lion's Ridge Subdivision Filing No. 3 according to the map thereof recorded at Reception No. 187193; thence continuing along the existing Town of Vail boundary and along the easterly line of said Lion's Ridge Subdivision Filing No. 3 N37°09'31"W 60.41 feet, to the norther- ly right-of-way line of said Lion's Ridge Loop; thence continuing along the existing Town of Vail boundary and said northerly right-of-way line N59°32'06"E 880.33 feet, to the most easterly corner of said Lion's Ridge Subdivision Filing No. 3; thence the following nine courses along the existing Town of Vail boundary and the easterly and northerly lines of said Lion's Ridge Subdivision Filing No. 3: (1) N39°54'08"W 330.95 feet; (2) S69°46'30"W 49.27 feet; (3) 255.16 feet along the arc of a 135.00 foot radius curve to the right, having a central angle of 108°17'40". and having a chord that bears N56°04'40"W 218.84 feet; (4) S84°55'16"W 621.05 feet; (5) S50°05'00"W 330.00 feet; (6) S68°15'00"W 990.00 feet; (7) S74°45'00"W 430.00 feet; (8) 566°15'00"W 532.96 feet; (9) 13.36 feet along the arc of a 130.00 foot radius curve to the right, having a central angle of 05°53'11". and having a chord that bears S30°03'49"W 13.35 feet, to the westerly line of said Lion's Ridge Sub- division Filing No. 2 also being the westerly line of said Section 12; thence N01° 35'59"E 1524.16 feet along said westerly lines, to the northwesterly corner of said Section 12; thence N88°19'41"E 2475.92 feet along the northerly line of said Lion's Ridge Subdivision Filing No. 2 also being the northerly line of said Section 12, to the northwesterly corner of said Lot 1, The Ridge at Vail; thence continuing along the northerly line of said Section 12 and the northerly line of said Lot 1, S88°19' 41"E 280.00 feet, to the point of beginning. y,y town of nail 75 south frontage road office of the town manager vail, colorado 81657 (303) 476-7000 TO: LARRY ESKWITH FROM: PAM BRANDMEYE~ DATE: 03APR87 RE: PRE-SCHOOLS The following pre-schools are located in the general Vail vicinity andI have-included fees and ages of children accepted: THE DISCOVERY SCHOOL 22-6 years $20.00/day or pro-rated down 400 Homestead Drive to $16.00/day if a parent Edwards, CO donates services Child provides lunch/school provides 2 snacks daily JUNIOR VILLAGE IN AVON 22-13 years $15.00/day/$20.00/day for drop-in's CENTER 100 W. Beaver Creek Blvd. Child provides lunch/school provide, Avon, CO 2 snacks daily MOUNTAIN TOTS PRE-SCHOOL 22-6 years $11.00/day 236 West 3rd Eagle, CO Child provides lunch/school provides 2 snacks daily RAINBOW SCHOOL FOR 12 months- $15.00/day or $18.00/day drop-in's LITTLE FRIENDS 7 years 450 Pine Child provides lunch or hot lunch Minturn, CO available for $1.25/day-school provides 2 snacks daily (Originally supported by CMC as a community service-will be closing 5-29-87) RUMPELSTILTSKIN WEST 4-5 years $14.00/day PRESCHOOL 39169 US Hwy 6 Child provides lunch/school Avon, CO provides 2 snacks daily RUMPELSTILTSKIN NURSERY Toddler-3 years $17.75/day SCHOOL 40784 US Hwy 6 Child provides lunch/school Avon, CO provides 2 snacks daily Larry Eskwith April 3, 1987 Page Two ABC SCHOOL 12-6 years $20.00/day or $30.00/day for 149 N. Frontage Road drop-in's Vail, CO Child provides lunch/school provides 2 snacks daily ALL THE ABOVE-LISTED SCHOOLS LIST OPERATING HOURS OF 7:30 A.M. to 5:30 P.M., MONDAY THROUGH FRIDAY. ADDITIONALLY, SOME SCHOOLS OFFER SUPPLEMENTAL CHILDCARE DURING THE WINTER MONTHS ON WEEKENDS. THE LEARNING TREE 12-4 years $23.75/day w/2 day maximum 129 N. Frontage Road enrollment per child per week Vail, CO 4-5 years $21.25/day w/2 day maximum enrollment per child per week Child provides lunch plus 1 snack daily/school provides 1 snack daily HOURS OF OPERATION ARE 9:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY. ~CCD MAR 1 ~ 19a7 Learning Tree, Inc. 129 N. Frontage Rd. Vail, Co. 81657 Ron Phillips, Town Manager Town of Vail Vail, Co. 81657 March 17, 1987 Dear Mr. Phillips; As you know, Learning Tree is planning to build an addition to the present nursery school building, which is situated on Town of Vail property known as the Mountain Bell Site. At this time we have a conditional use permit and two positive responses to our requests for financing. The terms of the financing and the green-light for the project now depend on the extension of our lease with the Town of Vail. As it stands, the lease has 6 years left, with an option to renew for 1 year. To justify the time and expense of the building project, we would like to have the lease extended from 1993 to 2002, giving us a 15 year lease from the present year. We would also like an option to renew at the end of the lease. Learning Tree serves aproximately 70 families each year. We have a strong parent participation program, with an active advisory board and daily parent involvement. We are a non-profit program and we base our fees on a careful budget, dividing expenses by expected enrollment each year. Our tuition is equal to or lower than other programs within the Town of Vail. Our budget and monthly financial statements are posted each month and are available to parents and the public at any time. A part of our budgeted income includes fund-raising by our families. It is their support and involvement that makes all the difference. - Learning Tree has been an asset to the Town of Vail for 10 years, now. We fill a unique niche in the child care services of the valley by offering a full-day (gam - 4pm) but part-time (1, 2 or 3 days per week) enrichment program for children ages 18 months to 5 years. Our school has a reputation for excellence that we work to renew each year. We are proud to be one of the few schools in Colorado that is accredited by the National Academy for Early Childhood Programs, which sets standards for high quality beyond the minimum requirements of state and local licensing. For the Town of Vail, the addition to the Learning Tree will make the building a much more flexible and useful asset, both immediately and at the end of the lease, when the building will become Town of Vail property. While the present lease does not include any monthly rental fees, the future ownership of the building and improvements is equivalent to $400 - $500 per month for the Town of Vail over the period of the lease. With long-term (15 year) financing of the building addition, this figure will remain stable in our budget. Please forward the lease and information on our project to those it concerns and let us know, as soon as possible, the proper steps we must take to have the lease approved. We are ready to co-operate with whatever procedures are appropriate, and would like to expedite the process as efficiently as possible. Yours Truly, Betsy Rogers, Assistant Director (w) q-7 to - 5&8 y enclosures: copy of present lease with new dates inserted financial statements for year-end 1985 and 1986 year-to-date financial statements current budget and expense comparison report WGi, _ W2 Q~e Q U1v 1 P -b co b - S P__ > le 01/20186 ' learnino -tree. Inc. PAGE 1 PERIOD !2 129 North Frontaue ROPE, Vail. Colorado 61-1657 . 19b5 ~ra1 y~~~- ~.ro~ f~aianca 6heet - 5eot. DESCRIPTION CURRENT BUDGET YEAR VARIANCE -ASSETS Current Assets Petty Cash 20.08 .00 20.0 Cash Account *1100 490`3 523.52 .80 523.52 Savin.-s Account 311.78 .08 311.78 Dooenheimer nonev "arket Fund 5.181.61 .88 5.161.61 n Accr .:u,.m.e _ Receivaoie 36.88 .00 36.cn~+ , rixed Assets Buidina 38.000.80 .00 30.0r0,00 Accumulated Deoreciation - Bid 15.443.64 .00 !5.453.£4 Ecuioirem 9.554.67 .00 9.584.67 Euiidine Imorovermnr s 9.931.67 .80 9.931.87 Accumulated Deoreciation 15.130.33 .30 15.130.33 TOTAL ASSETS 25.0!6.6 .80 25. 0:6.28 LIABILITIES Current Liabiiitiec- un:s Payable .00 •0d riCA Withholeinc 4X0.69 .d0 460.69 Federal Tax Withhoidina 467.40 .00 467.40 `s88.i5 Colorado lax W6thhoi6ino 588.1'5 .00 Medical insurance Withhe d .00 .00 Other Withheio .00 .80 .80 Unearned Tuition .00 .00 .00 Tuition Deoosits 1.903.00 .00 i. 963.60 Lono-Terns Liabilities Mortaaoe Pavable 13.153.42 .00 13.153.4'2 TOTAL LIABILiTHS 16, 4x2.66 .00 16.4'.-°.66 EQUITY Caoitai Contributions .00 .00 .00 Retained Earnings 6.059.82 .60 6.0x9.02 Prorit (Loss) 2.524.60 .00 2.524.60 MAL EQUITY 6.563.62 .80 6.583.62 TOTAL LIABILITY AND EQUITY 25.016.28 .80 25.016.28 01'120186 Learnino Tree. inc. PAVE 1 PERIOD 12 129 North Fronta:;e Road Vail. Colorado 61657 Balance Sheet - Seot. 30, 1985 D-SCRIPI.O4 CURPENT BUDGET YEAR VARIANCE ASSETS Current Assets Pettv Cash 20.00 .00 28.00 Cash Account #100 4;03 5233.52 .00 523.52 Savin-os Account 311.78 .00 311.78 Oooerheimer h;onev "arket Fund 5.181.61 .00 5.161.61 Accounts Receivable -6.60 .00 36,60 Fixed Assets Buiidina 30.000.00 .00 30.000.00 Accumulated Deoreciaticn - Bid 15.443.64 .00 C15.443.84> Ecui omen:; 9.584.67 . tae, 9.564.87 Buiidino improvements 9.931.67 .00 9.931.87 Accumulated Deoreciaiion 15.130.33 .00 (15.130.3'3 TOTAL ASSETS 25.016.28 .130 25.0:6.28 LIABILITIES Current Liabiiities avabie .00 .00 .00 FICA Withholomp. 460.69 .00 4e0.69 Federal Tax Withhoidino 467.40 .00 467.40 Colorado Tax Withhoidino 506.;5 .00 508.;5 Medicai insurance Withheld .00 .00 ,0r1 Other Withheld .00 .60 .00 Unearned Tuition ,00 ,e,0 ,e,0+ Tuition Deoosits 1.903.00 .00 !.903.00 Lono-Term Liabilities Mortoaae Payable 13.153.42 .00 13.153.42 TOTAL LIABILITIES 16.432.66 .e,0 16.4.66 EQUITY Caoitai Contributions ,00 .00 .00 Retained Earnings 6.059.02 .00 6.009.02 Profit (Loss) 2.524.60 Oil 2.524.60 TOTAL EQUITY 6.563.62 .00 6.583.62 DOTAL LIABILITY AND EQUITY 25.016.28 .00 25.0!6.28 LEARNING TREE, INC.. BALANCE SHEET SEPTEMBER 30, . 1%6.) ~sc-,,A ypQ;- ASSETS CURRENT ASSETS PETTY CASH 20. Of) CASH ACCOUNT #100 4900 2,090.99 SAVINGS ACCOUNT # 600 328C.) W46.0:-, OPPE--.NHEI MER MONEY MARKET FUND , 5 . 1 ACCOUNTS RECEIVABLE 294.11 TOTAL l.:(JF'.?"tENT ASSETS 1 1 , 7%. 59 FIXED ASSE=TS BUILDING 30 j 000. 0() ACC(. M. 01:=PRECIAT:i.(::li:d._.Bi__DG. <17,303.84.'-':- BUILDING IMPROVEMENTS 9,93l.e7 EMUIPMENT 9f-~ f DEPRECIATION-OTHER 9 f-'Il..:~...~l. M. <17,117.33:> TOTAL FIXED ASSETS 15,095.57 TOTAL ASSETS 26,SS4.16 LIABILITIES CURRENT LIABILITIES FICA WITHHOLDING 374.0-3 FEDERAL TAX WITHHOLDING 485.00 STATE T-rr;1r-_ TAX WITHHOLDING 551.49 TUITION DEPOSITS 2,656.00 TOTAL CURRENT LIABILITIES 4,066.77 LONG TERM LIABILITIES MORTGAGEE: 9,549. 0(..') - 1(aT~=.__ LONG TERM 1.... I ABILITIES 9,549.00 TOTAL LIABILITIES 13,615.77 CAPITAL RETAINED EARNINGS 13,26S.39 TOTAL CAPITAL 13,26S.39 TOTAL LIABILITIES & CAPITAL 26,SS4.16 LEARNING TREE, INC.. PROFIT 1"•1ND LOSS STATEMENT SEPTEMBER 30, 19%, CURRENT % YEAR-TO-DATE % INCOME TUITION s, '1•S1 . t-;(.) 107,000.75 SATURDAY AND DROP--INS 0.00 979.00 LATE FEES 0.0(.-.) 190. 0.) REGISTRATION FEES 105.00 295.0C) EXT1E''~ttA DAYS 22. ti(::) 41 '..0 ) DONA rI1. NS 0.0'') 0 1„ t)'.) FUNDRAISING 0.0(.-.) . 0-,': .T.NTERE.f_T ON SAVINGS 78.29 547.32 MISCELLANEOUS 0.00 30.01 TOTAL e , 6 S 6 „ .`,c 1? 100.0 116,135.11 100.(.'.') EXPENSES PAYROLI 5,315.15 61.2 76,e4S.35 66.2 PWP AIDES 68.00 0.8 2,415.50 2.1 TAXES 527.69 6.1 7,093.75 6.1 GROCERIES AND MEALS 212.93 2.5 2,937.27 2.5 = GROCERIES 0.00 0.(.'.') 700.00 0.6 CONSUMABLE : SUPPLIES 181.19 2.1 1,692.90 1.5 PROGRAM EXPENSES 488.46 5.6 2,027.23 1.7 PWP PROGRAM EXPENSES 80.00 0.9 790.00 0.:7 UTILITIES 124.32 1.4 1,SS3.09 I.e.) I NSUriANCE -'1..- I B I L._ I TY, F I RE&TL-1 0.00 0.0 1,372.33 1.2 INSURANCE-WORKMAN'S COMP. 0.00 O. C.) 304.00 t ; . INSURANCE MEDICAL 60.30 0.7 27841.32 2.4 TRANSPORTATION <20.00> <0.2> 675.02 i)„ BUILDING MAINTENANCE 19.35 0.2 331.41 0.71, ; F=' BUILDING MAINTENANCE 130.00 5 11443.00 EQUIPMENT EXPENSES 174.41 2.0 1,24S.95 1.1 PWP EQUIPMENT 0.00 t?. 142.00 0.1 FUNDRAISING COSTS 430.41 5.0 1,290.05 1 . 1 PWP FL.1NDRA:I:SING.3 0.00 0A.) 360.00 t::)„ INTEREST EXPENSE 82.19 0.9 1,153.04 1 . t") DEPRECIATION EXPENSE 3,S47.00 44.3 3,B47.00 MISCELLANEOUS 39.48 0.5 54.13 00) TOTAL 1 1 , 7;5`x. Be 135.4 111,450.34 96.0 NET INCOME I.._Of:3S <3,073.59> <35.4> 4,6e4.77 4.(--) LEARNING TREE, I NQ BALANCE SHEET FEBRUARY 28, 107 ASSETS CURRENT ASSETS PETTY CASH CASH ACCOUNT #100 4900 61SS9.35 SAVINGS ACCOUNT # 600 3280 2,885.21 OPP NHE I MER MONEY MARKET FUND 5 , ;;r`_! . =F 1. ACCOUNTS RECEIVABLE: 8.0.) TOTAL_ CURRENT ASSETS 15,467.Oo FIXED ASSETS) BUILDING 30;000.0(::) ACCUM. DIr:_F°`Rh:CIA..{..I(:.N-L-fl_DG. <17,303.84:::- BUILDING Ir`PRC.:1'Yf.-:::I"Ir:::NTS 9,931.S-7 ;..at...C;(..11'i,, DC'r::r-`fa:r:C'I,:.aC.T.CaN--C:.THL:..(=i <17,117.37> TOTAL FIXED ASSETS 15,095.5-7 ASSETS 30,562.57 LIABILITIES CURRENT LIABILITIES FICA WITHHOLDING 421.3,(:) FEDERAL TAX WITHHOLDING 585.0 STATE TAX WITHHOLDING 380.60 MEDICAL INSURANCE WITHHOLDING 71.04 TUITION DEPOSITS 2,806.0C) TOTAL_ CURRENT LIABILITIES 4,263.94 LONG TERM LIABILITIES M(::IRI`CnaAGEE: 7,937.95 TOTAL i._i7NG TERM LIABILITIES 7,937.95 TOTAL LIABILITIES :;19 CAPITAL RETAINED EARNINGS 13,26B.39 PROFIT(LOSS) 5,092.29 T•OTAL... CAP I T(ii.-. 1 e .'60 . 69 TOTr`-ll..., t_Ir"BIL_IT:C1=_S & CAPITAL_ 30,562.5-7 LEARNING TREE, INC. PROFIT AND LOSS STATEMENT FEBRUARY 2S, 19S7 CURRENT % YEAR-TO-DATE INCOME TUITION S3, Soi_i.':-)i.) 43,278.0(..) EXTRA DAYS & DROP--INS 75.01 265.00 I_..ATE:= FEES 5., OC) 90. 00 REGISTRATION FE=ES 15.00 60.00 DONATIONS 0.0(::) 350.0(..) FUNDRAISING 9.50 6,593.S'7 INTEREST ON SAVINGS 29.71 166.. 1 c:) S,634.2:1 0.0 50, SO 3. 07: 100.0 EXPENSES PAYROLL 5,S92.S5 68.3 30,OS6.92 59.2 I=''WE=' AIDES 290.00 3.4 1,166.00 2.:-- TAXES 1,340.03 15.5 3,250.26 GROCERIES AND MEALS 224.17 2.6 1,236.34 2.4 CONSUMABLE SUPPLIES 103.10 1.2 296.97 PROGRAM EXPENSES 66.00 0.3 723.10 1.4 P:. P F'FIC:GR("1M EXPENSES 125.00 1.4. 420.00 0.0 STAFF DEVELOPMENT 429.52 5.0 1,470.25 2.9 UTILITIES 234.37 2.7 32 1.7 INSURANCE-WORKMAN'S COMP. 0.00 00'') 383.00 i O A.3 INSURANCE MEDICAL :,::'.;::3 :i. wC:~1 3.3 1,632.17 ;:T w TRANSPORTATION 40wiiii 0.5 200.00 0.4 BUILDING MAINTENANCE.— 0.00 0 . i::i 149.51 i`) w : l F'WP BUILDING L" A I NTE:Nr-tNi::1= 106.00 1.2 518.00 1 . i..C•?U I PI•°1i::::{`d..i.. EXPENSES 175.39 2.0 80.:9 0.7 PWP F=i;!l.J:[{='MENT 25.00 O.:-: 75.00 0.1 PROFESSIONAL SERVICES 12.00 O.i 12.00 0.0 FUNDRAISING COSTS 0.00 0.0 2,267.04 4.5 EiUIL..D.T.I''•IG IMPROVEMENTS 100„00 1.2 200.0 0 0.4 INTEREST EXPENSE 68.98 0.3 =71.25 0.7 MISCELLANEOUS 10.00 0.1. 10.22 i-) . i-; TOTAL 9,524.12 110 45,710.74 900) NET INC(:3ME::LOSS:. 889.91:: <10.3> 5,092.29 10A.) LEARNING TREE MONTHLY BUDGET COMPARISON REPORT FY 86/87 ACCOUNT BUDGET CURRENT BUDGET CURRENT DESCRIPTION 86-87 MONTH YR TO YR TO COMMENTS DATE DATE INCOME y, 1 n ~Q~r dve -,/t~, Tuition 90 0 ~j,~CO 43,Z i \d we u--'%U be_ ~ t-u1nt vp -4o buc.;~e Extra days & DI "7-5 Late Fees /0 J L- _ Registration-Fees 15 Donations 50 FundRaising_ G0 Interest Z ~t9 TOTAL 9 705 R f C' 3?7 7 21 `rZ.7 ~ j 50, ",63 03 EXPENSES Payroll - Gross- 95 `<<;' 11O D$ 4z rr Cv 3 0 0 J; M 2 ~5 PWP Aids 3,50 Z°U l,'7 0 1, ll-~~ c3 3 7~ i'c~;artu.l fct,~er~T000t Taxes 6 ~J- 0 h 3q0 3, Vin,Ak', ~ to.,_~t\ 2 3 Groceries & Meals Consumable SuDl. Program_Expenses 4-1 EVE-Program Ex-D. Staff Development ~j f50 yz 9__ : t~:_ Utilities ' (0 Jy3'1 _ Qt,~J Cf'~2 32 Ins- Liab. _F&Tft. _ _ 1 o u(~mY• -ccs Ins_- Wkman' s Com_D 3S C-' Ins --Medical - •ZJ~~ ~~f s~ / ! r (_3-!-r Transportation Id ing_Mai r7=, PWP_Building_Maint E ui ment Ex ense- _ s _ 1'.~:-::_;;1:r r~•~ 7-5 PWP E u i ment Zs _S__ J_ _ r J ;or Q'Ac1 F <<~ 200 ~ _=`=`,t~'•t,_f~C. 5c~, v,E~S Imo' _ - lZ= _ :•i ptr~. cc V'~ ~c~,S Fund Raisin a Costs U - - - ___Mortgage - I_&_P _l0np - - Miscellaneous L~ -7 TOTAL _ ~ 1 rl `t~neSe b( ~1[~~ c'~- -rr i~~vfe5 ~ t p~ c 5~y~-'- . . ti , y- ~ ; • .,,.r.S ~ C{~CG~!\~ Vf'tG~i; S -sCr' t`'\i~ ~,r. _ is _i'. ' • a LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this /5-" day of ll.~-(L, c15~ 19.87, by and between the TOWN OF v VAIL, a Colorado municipal corporation (hereinafter referred to as "Town"), and the LEARNING TREE INC., A Colorado non- profit corporation (hereinafter referred to as "The Learning Tree"). WHEREAS, the Town now owns a parcel of property known as the Mountain Bell Site, consisting of approximately 25 acres; WHEREAS, The Learning Tree is a Colorado non-profit corporation (tax exempt no.~Fq-0'78/7-05 which receives funds from contributions and student fees for the operation of a child care center; WHEREAS, -The Learning Tree needs a new location for itschldcare center and has expressed the desire to lease a portion of the Mountain Bell property from the Town of Vail; WHEREAS, the Town is willing to lease to The Learn- ing Tree school a portion of the Mountain Bell site for use as achildcare center, and in addition thereto, access across the property to the leased premises; NOW, THEREFORE, in consideration of the covenants, premises, and agreements herein contained, and the payment of moneys as hereinafter set forth, the parties agree as follows: (1) Premises: The Town agrees to lease to The Learning Tree and The Learning Tree agrees to lease from the Town, that portion of the 2.iountain Bell site shown on the attached Exhibit "A" for use as a child care center and related activities. The entire leased premises including the access is hereinafter referred to as "premises." The location of any structure on the premises and any improvement of the access shall be reviewed and ap- proved by the Director of Public Works of the Town and the Town Manager. Lease Agreement (Continued) Page 2 (2) Term of Agreement: This Lease shall be for a period of fifteen (15) years from Qucv-,+ 1987 through ~ t ~+3I , 2aoz . J (3) Rental Fee: The Learning Tree agrees to pay to the Town during the term of this Agreement the sum of One Dollar ($1.00) per year for the lease of the premises, and the Town agrees to accept said rental fee. (4) Use of Premises: The Learning Tree agrees that the use of the premises shall comply with the following: (a) For the operation of a non-profit child care center in accordance with The Learning Tree standards and rules as set out below in Paragraph (5). (b) Not to use the premises for any illegal or improper purpose or other use that would create a nuisance; (c) No commercial or other operation for profit shall be conducted on the premises. (5) The L'earn'ing Tree Covenants: The Learning Tree further agrees as follows: (a) To operate the child care center in accord- ance with all the rules and regulations of the Department of Social Services of the State of Colorado, and the ordinances of the Town of Vail; (b) The Learning Tree may adopt standards for admission to its child-care facility, provided, however, that admission priorities shall be as follows: (i) Students of parents who reside within the Town of Vail; (ii) Students of parents whose major em- ployment is within the Town of Vail; (iii) Students whose parents are residents of Eagle County; (iv) Students must be at least 12 months old and no older than 7 years of age (exceptions to the age limitations specified herein may be made for physically handi- capped children). Lease Agreement (Continued) Page 3 (v) These admission standards shall be minimum standards and may not be made less stringent without the prior written consent of the Town; (c) The Learning Tree agrees to manage its child care facility for the accommodation of the public and to op- erate the facility in a responsible and safe manner. The Learning Tree shall be responsible for the supervision and care of the.childcare facility and the leased premises and shall have on the premises during the hours of operation a quali- fied Director and a sufficient number of trained personnel for the proper operation of the premises (d) The Learning Tree agrees that the Town shall not be responsible or liable for any costs or obligations for the operation of the child care facility. (e) The Town may designate one Director to sit on The Learning Tree's Board of Directors to serve as a lia- sion between The Learning Tree and the Town. (6) Building: The Learning Tree agrees to erect on the premises a child care facility that complies with all rules and regulations of the State of Colorado Department of Social Services and the ordinances of the Town of Vail.. Prior to the construction of said building, The Learning Tree shall submit the proposal to the Design Review Board of the Town. The Learn- ing Tree shall be responsible for all costs of said construc- tion and for the maintenance and upkeep thereof during the term of this Lease. In addition, The Learning Tree shall pay all utility charges and fees promptly after the same are incurred. It is expressly understood by The Learning Tree that the. Town will not contribute toward the construction of the building or the operating of the child care center during the term of this Lease. The Learning Tree agrees that upon request of the Town, the facility may be used for public or Governmental functions that would not interfere with the child care purpose Lease Agreement (Continued) Page 4 of the facility on such days and during such hours as the fa- cility is not being used for child care purposes. It is agreed by the parties'that at such time as the Town desires to use the facility, a supplemental agreement will be entered into between the Town and The Learing Tree specifying the times, uses, and responsibilities of the parties for joint use of the facility. (7) Assignment and Sale: This Lease Agreement may not be assigned or sublet by The Learning Tree without the prior written consent of the Town. The buildings and improve- ments shall not be sold to any person or entity without the prior written consent of the Town. (8) Damages: The Learning Tree shall see that the premises are protected from damage or undue waste, and if any damage occurs to the premises by reason of the negligence or actions of the officers, agents or employees of The Learning Tree, then The Learning Tree agrees to repair said damage or pay to the Town the cost of said repair. If the Town and The Learning Tree cannot agree on the amount of damage to be as- sessed, the parties shall select a neutral third party who shall be binding upon the parties. (9) Damages by Fire or Casualty: The Learning Tree agrees that if the facility constructed by it for child care purposes is damaged or destroyed by fire or other casualty dur- ing the term of this Lease, The Learning Tree shall, within a reasonable.time, repair the facility to its original condition or remove the debris or remains of the facility from the site within a reasonable time. Said repair or removal shall be at the sole expense of The Learning Tree. (10) Surrender of Premises: At the end of the term of this Lease or upon termination as provided in Paragraph (11), The Learning Tree agrees to deliver to the Town possession of the premises and the facilities and improvements constructed thereon by The Learning Tree. Lease Agreement (Continued) Page 5 If this Lease is terminated by either party dur- ing the term of this Lease, the Town shall purchase the build- ing or improvements constructed by The Learning Tree. The pur- chase price shall be the depreciated value or the amount of the principal and accrued interest remaining on the encumbra;ic:e obtained by The Learning Tree for the construction of the build- ing or improvements, whichever amount is greater. The depre- ciated value shall be determined on a fifteen year straight line depreciation formula. A letter of payment shall be nego- tiated between the parties at the time of termination. At the end of the term of this Lease, the building and improvements n the property shall become the sole and separate property of he Town without further payment to The Learning Tree. (11) Termination: (a) Either party may terminate this Lease by providing thirty (30) day written notice to the other party if: (1) the other party is in default under any term or condition of this Lease,and the default continues to the date of termin- ation; (2) the premises have been abandoned; (3) either party is bankrupt or insolvent; or (4) inability of The Learning Tree to use the leased premises for a period longer than 120 consecutive days. (b) No waiver of default by one of the parties of any of the terms, covenants, or conditions of this Lease to be kept by the other party shall be construed as a waiver of any other or subsequent breach or default. (c) The parties agree and recognize that this Lease is entered into becuase of the public service being of- fered by The Learning Tree. Further, that because the function is being carried on Town of Vail property and with the Town's encouragement and approval, the public may look to the Town for accountability. Therefore, the parties agree that on the anniversary date of this Lease, The Learning Tree's Board of Lease Agreement (Continued) Page 6 Directors will meet with the Town Manager, and a complete re- view of the program, operation, and staff of The Learning Tree. will take place. If the Town Manager is of the belief that the child care facility is not being carried on in accordance with the best interest of the public, he shall inform The Learn- ing Tree and the Town Council of those concerns. The Town Council may then terminate this Lease by giving written notice of termination to The Learning Tree 120 days prior to termina- tion. (12) The Learning Tree's First Right: At the end of the term of this Lease, the Town agrees that The Learning Tree shall have the right of first refusal for the use of the prem- ises and building. The continued Lease of the premises and building by The Learning Tree shall be for a period of one year unless a longer term is agreed to by the Town and upon such terms and conditions as the parties may agree. (13) Licenses, Liens and Obligations: The Learning Tree agrees that it must be licensed by the Colorado Depart- ment of Social Services, and that it will comply with the rules and regulations of the Department of Social Services and shall not cause or suffer said license to be suspended. The Learn- ing Tree agrees to pay promptly all taxes, license fees, and permit fees of whatever nature applicable to its operation and to keep current all licenses required for the conduct of its business. Further, it is agreed that The Learning Tree shall not permit any mechanic's lien, materialman's lien, or any other lien to be foreclosed upon said premises or any equip- ment or personal property located thereon. The Learning Tree agrees to furnish to the Town upon request, duplicate receipts or other satisfactory evidence showing the prompt payment by it of taxes, including Social Security taxes, Unemployment Com- pensation Insurance taxes, or fees. The Learning Tree further agrees to pay promptly when due all bills, debts, and obliga- tions incurred by it in connection with the operation of the child care center, and not to permit the same to become delinquent; Lease Agreement (Continued) Page 7 and to suffer no lien, mortgage, judgement, execution, or other adjudication in bankruptcy which will in any way impair the rights of the Town under this Agreement. (14) Indemnification: The Learning Tree agrees that it will indemnify, release, and save harmless the Town, its officers, employees, and agents, from any and all loss of, or damage to, property or injuries to, or death of, any person, and from any and all claims, costs, suits, and judgments, of anyone, resulting from the operation of the child care facil- ity, or negligence of The Learning Tree , its officers, agents, or employees. (15) Liability Insurance: The Learning Tree coven- ants and agrees that it will, during the term hereof, carry a comprehensive general liability insurance policy, including automobile liability (if applicable), in a form and with a company or companies approved by the Town and in amounts not less than $500,000.00 single limit for bodily injury to, or death of any person or .persons or damage to property, and fur- nish the Town a certified copy of said policy or policies. Such policy or policies shall include the Town as a named in- sured and shall contain a provision that the same may not be cancelled or materially changed or altered without thirty (30) days' prior written notice to the Town. (16) Notices: All notices required to be given to the parties shall be given by.certified mail to: a ) Town of Vail Attention: Town Manager P. O. Box 100 Vail, Colorado 81657 (with a copy to the Town Attorney) (b) The. Learning Tree „J n._/• moron-! 42 47 Vail, Colorado 81657 TC APR - 6 1987 April 3, 1987 Michael and Maro Lorimer P O Box 3069 Vail, CO 81658 Mayor Paul Johnston and The Vail Town Council 75 S. Frontage Rd. W. Vail, CO 81657 Dear Paul and Council Members, We regret that we will be out of the country for the April 7 public hearing on the repair of West Vail roads through the local improvement district. So we offer the following input now. We feel that the division of property owner assessment based on square footage of the property owned is inappropriate. What really matters is usage. The Town has already acknowledged the importance of usage in its special treatment of assessments along the bus routes. Usage is what wears down the road. And it's the users who will enjoy the benefits of the improvements. Usage is much more clearly related to number of households than to square footage of property. A condominium generates as much traffic as a single family house. And its inhabitants will appreciate the better roads just as much as the house dwellers will. We feel the current formula is more closely related to usage than the earlier road frontage formula was. However, this plan still penalizes single family and duplex homeowners, for no relevant reason. We therefore urge you to consider dividing the local assessments equally among households. Or, at least; to look at the square footage of our buildings, instead of our land, as an indication of how many people are using the roads. Thank you, Mike and Maro Lorimer UPPER EAGLE VALLEY RFC'O MAR 2 6 1987. WATER AND SANITATION DISTRICTS- 846 FOREST ROAD . VAIL. COLORADO 81657 (303) 476-7480 March 20, 1987 Roger Hein Newman & Associates 1801 California Street Suite 3700 Denver, Colorado 80202 Re: Water System Complaint Dear Mr. Hein: Your accusations in your letter of March 5, 1987 to the Town of Vail are slanderous and without basis of fact. You have reacted to your doctor's off-hand assumption that since you were in Vail, you must have contracted giardia. Did the doctor confirm his diagnosis with appropriate tests? Often doctors will treat symtoms such as yours for parasites such as giardia and not spend the time or money to run the appropriate laboratory tests. In other words, it's convenient to "treat" for giardia. We are victims of old publicity regarding the giardia problem. For the past five years, however, the Vail water system has been primarily on deep wells which avoids the giardia cyst present in surface water. We also have a regular testing program for giardia which has shown no evidence of this parasite in the Vail Valley water. system for the last five years. Incidentally, we are one of the only two water districts in the state which tests for giardia. I regret that you became ill after visiting Vail, and hope you understand that the Vail drinking water system has been giardia free for some time. Perhaps it would help if you put your doctor in touch with Dr. Tom Steinberg of Vail Mountain Medical (476-5695). He is the County Health Physician and knowledgeable about our water system. Sincerely, VAIL VALLEY CONSOLIDATED WATER DISTRICT 1171 David E. Mott General Manager DEM/ng PARTICIPATING DISTRICTS - ARROWHEAD METRO WATER • AVON METRO WATER • BEAVER CREEK METRO WATER • BERRY CREEK METRO WATER CLEAN EAGLE•VAIL METRO WATER • EDWARDS METRO WATER • LAKE CREEK MEADOWS WATER • UPPER EAGLE VALLEY CONSOLIDATED SANITATION VAIL VALLEY CONSOLIDATED WATER 0 VAIL WATER AND SANITATION