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HomeMy WebLinkAbout1987-09-01 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 1, 1987 7:30 p.m. REVISED AGENDA 1. Consent Agenda A. Approval of Minutes of August 4& August 18 Meeting B. Ordinance No. 17, Series of 1987, second reading, an ordinance adopting an Investment Policy for the Town of Vail. C. Ordinance No. 30, Series of 1987, second reading, an ordinance approving a special development district, (known as Special Development District N0. 18, Victorian at Vail) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code in setting forth details in regard thereto. D. Resolution No. 23, Series of 1987, a resolution setting forth the Town Council's support in principal of the Town of Avon effort to further investigate a Television Translator System for the communities of the Gore Valley. E. Resolution No. 24, Series of 1987, a resolution authorizing the Town Manager to act on behalf of the Town in negotiating and entering into a lease agreement providing for the lease of land and improvements to the United States Postal Service and other instruments and documents relating thereto. 2. Ordinance No. 29, Series of 1987, first reading, an ordinance amending section 2.24.020 of the Municipal Code of the Town of Vail to provide that members of the Planning and Environmental Commission shall serve for a term of two rather than four years on an overlapping basis; and providing details in regard thereto. 3. Ordinance No. 32, Series of 1987, first reading, an ordinance amending Ordinance No. 19, Series of 1987, which approved a Special Development District (known as SDD No. 16, Elk Meadows) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. 4. Approval of Post Office Lease Extension Agreement CITIZEN PARTICIPATION 5. Town Manager's Report 6. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 2, 1987 7:30 p.m. REVISED EXPANDED AGENDA 7:30 1. Consent Agenda A. Approval of Minutes of August 4& August 18 Meeting Charlie Wick B. Ordinance No. 17, Series of 1987 second reading Adopting the amended Investment Policy Action Requested of Council: Approve/deny Ordinance No. 17, series of 1987, on second reading. Background Rationale: Necessary technical amendments to the Investment Policy which have been reviewed and discussed previously. Staff Recommendation: Approve Ordinance No. 17, series of 1987, on second reading. Rick Pylman C. Ordinance No. 30, Series of 1987 second reading, approving the Victorian at Vail SDD 18, and major subdivision. Action Requested of Council: Approve/deny Ordinance No. 30, series of 1987 on first reading. Background Rationale: The Victorian is a five unit SDD and major subdivision located on Lot 2, Block 3 of Bighorn 3rd filing. Underlying zoning is residential cluster (see enclosed memo). Staff Recommendation: Approve Ordinance No. 30, series of 1987, on first reading, with conditions as outlined in the staff inemo. Larry Eskwith D. Resolution No. 23, Series of 1987, endorsing further investigation of the television translator system. Action Requested of Council: Approve/Deny Resolution No. 23, series of 1987. Background Rationale: The Council agreed two weeks ago to consider this Resolution for adoption after the presentation made by the Town of Avon concerning the television translator system. Staff Recommendation: Approve Resolution No. 23, Series of 1987. Ron Phillips E. Resolution No. 24, Series of 1987, authorization the Larry Eskwith Town Manager to negotiate with the U.S. Postal Service. Action Requested of Council: Approve/Deny Resolution No. 24 which authorizes the Town Manager to do final negotiations with Postal Service and sign the lease agreement if approved by Council. Background Rationale: This is a resolution required by the Postal Service as part of the paperwork concerning the lease extension. This resolution can be approved and the lease extension disapproved if you so desire. ' Staff Recommendation: Approve Resolution No. 24, Series of 1987. 7:40 2. Ordinance No. 29, Series of 1987, first reading, concerning Larry Eskwith Planning and Environmental Commission term of office. Action Requested of Council: Approve/Deny Ordinance No. 29, Series of 1987, first reading. Background Rationale: The Charter has been changed by public vote modifying Planning Commission terms ofoffice from four years to two years. This ordinance simply brings the Town code in compliance with the Charter. Staff Recommendation: Approve Ordinance No. 29, Series of " 1987 on first reading. 7:50 3. Ordinance No. 32, series of 1987, on first reading Kristan Pritz amending the Elk Meadows SDD No. 16, Ordinance No. 19, Series of 1987. Action Requested of Council: Approve/Deny Ordinance No. 32, series of 1987, on first reading. Background Rationale: The proposal is to amend SDD 16 Elk Meadows by: 1) Decreasing the density from nine units to seven units; 2) Changing the mix of units from two duplex, five single family to seven single family units; 3) Adjusting GRFA from 1777 sq. ft./unit to 2285 sq. ft./unit; 4) Adjusting wording related to the height limit. Staff Recommendation: Approve Ordinance No. 32, Series of 1987, on first reading. 8:05 4. Approval of Post Office lease extension agreement. Ron Phillips Larry Eskwith Action Requested of Council: Approve/deny the lease extension agreement as presented. Background Rationale: The Postal Service would not agree to the lump sum payment to the Town to extend the lease on the Post Office, but they have agreed to a fifteen dollar per square foot rental rate locked in for two years with no cancellation clause. A third year is also included with a cancellation clause. This will guarantee $126,000 revenue to the Town over two years above what we are presently receiving in Post Office rental revenue, which will allow certain improvements to be made to the existing Municipal Building as discussed previously. The action on this item is only approved in the lease, and is not considered an approval proceeding with improvements. That will be discussed separately in the next few weeks. Staff Recommendation: Approve the lease extension agreement as presented. CITIZEN PARTICIPATION 5. Town Manager's Report. 6. Adjournment. -2- VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 1, 1987 7:30 p.m. AGENDA 1. Consent Agenda A. Approval of Minutes of August 4& August 18 Meeting B. Ordinance No. 17, Series of 1987, second reading, an ordinance adopting and Investment Policy for the Town of Vail. C. Ordinance No. 30, Series of 1987, second reading, an ordinance approving a special development district, (known as Special Development District N0. 18, Victorian at Vail) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code in setting forth details in regard thereto. D. Resolution No. 23, Series of 1987, a resolution setting forth the Town Council's support in principal of the Town of Avon effort to further investigate a Television Translator System for the communities of the Gore Valley. E. Resolution No. 24, Series of 1987, A Resolution authorizing the Town Manager to act on behalf of the Town in negotiating and entering into a lease agreement providing for the lease of land and improvements to the United States Postal Service and other instruments and documents relating thereto. 2. Ordinance No. 29, Series of 1487, first reading, an ordinance amending section 2.24.020 of the Municipal Code of the Town of Vail to provide that members of the Planning and Environmental Commission shall serve for a term of two rather than fourr years on an overlapping basis; and providing . details in regard thereto. 3. Ordinance No. 31, Series of 1987, first reading, an ordinance repealing and re-enacting Chapter 3.40 Sales Tax of the Municipal Code of the Town of Vail, Colorado to provide for the self collection by the Town of Vail of the Town of Vail Municipal Sales Tax and setting forth details in regard thereto. 4. Ordinance No. 32, series of 1987, first reading, an ordinance amending Ordinance No. 19, Series of 1987, which approved a Special Development District (known as SDD No. 16, Elk Meadows) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. 5. Approval of Post Office Lease Extension Agreement CITIZEN PARTICIPATION 6. Town Manager's Report 7. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 1, 1987 7:30 p.m. EXPANDED AGENDA 7:30 1. Consent Agenda A. Approval of Minutes of August 4& August 18 Meeting Charlie Wick B. Ordinance No. 17, Series of 1987 second reading Adopting the amended Investment Policy Action Requested of Council: Approve/deny Ordinance No. 17, series of 1987, on second reading. Background Rationale: Necessary technical amendments to the Investment Policy which have been reviewed and discussed previously. Staff Recommendation: Approve Ordinance No. 17, series of 1987, on second reading. C. Ordinance No. 30, Series of 1987 second reading, approving the Victorian at Vail SDD 18, and major subdivision. Action Requested of Council: Approve/deny Ordinance No. 30, series of 1987 on first reading. Background Rationale: The Victorian is a five unit SDD and major subdivision located on Lot 2, Block 3 of Bighorn 3rd filing. Underlying zoning is residential cluster (see enclosed memo). Staff Recommendation: Approve Ordinance No. 30, series of 1987, on first reading, with conditions as outlined in the staff inemo. Larry Eskwith D. Resolution No. 23, Series of 1987, endorsing further investigation of the television.translator system. Action Requested of Council: Approve/Deny Resolution No. 23, series of 1987. Background Rationale: The Council agreed two weeks ago to consider this Resolution for adoption after the , presentation made by the Town of Avon concerning the television translator system. Staff Recommendation: Approve Resolution No. 23, Series of 1987. Ron Phillips E. Resolution No. 24, Series of 1987, authorization the Larry Eskwith Town Manager to negotiate with the U.S. Postal Service. Action Requested of Council: Approve/Deny Resolution No. 24 which authorizes the Town Manager to do final negotiations with Postal Service and sign the lease agreement if approved by Council. Background Rationale: This is a resolution required by the Postal Service as part of the paperwork concerning the lease extension. This resolution can be approved and the lease extension disapproved if you so desire. , Staff Recommendation: Approve Resolution No. 24, Series of 1987. 7:40 2. Ordinance No. 29, Series of 1987, first reading, concerning Larry Eskwith Planning and Environmental Commission term of office. Action Requested of Council: Approve/Deny Ordinance No. 29, Series of 1987, first reading. Background Rationale: The Charter has been changed by public vote modifying Planning Commission terms of office from four years to two years. This ordinance simply brings the Town code in compliance with the Charter. Staff Recommendation: Approve Ordinance No. 29, Series of 1987 on first reading. 7:50 3. Ordinance No. 31, Series of 1987, first reading concerning Charlie Wick local collection of sales tax. Steve Barwick Larry Eskwith Action Requested of Council: Approve/Deny Ordinance No. 31, Series of 1987, on first reading. Background Rationale: An ordinance is required in order to institute a local sales tax collection program. This will be discussed further at the work session. Staff Recommendation: Approve Ordinance No. 31, series of 1987 on first reading. 8:15 4. Ordinance No. 32, series of 1987, on first reading Kristan Pritz amending the Elk Meadows SDD No. 16, Ordinance No. 19, Series of 1987. Action Requested of Council: Approve/Deny Ordinance No. 32, series of 1987, on first reading. Background Rationale: The proposal is to amend SDD 16 Elk Meadows by: 1) Decreasing the density from nine units to seven units; 2) Changing the mix of units from two duplex, five single family to seven sing family units; 3) Adjusting GRFA from 1777 s.f./unit to 2285 s.f./unit; 4) Adjusting wording related to the height limit. Staff Recommendation: Approve Ordinance No. 32, Series of 1987, on first reading. 8:30 5. Approval of Post Office lease extension agreement. Ron Phillips Larry Eskwith Action Requested of Council: Approve/Deny the lease extension agreement as presented. Background Rationale: The Postal Service would not agree to the lump sum payment to the Town to extend the lease on the Post Office, but they have agreed to a fifteen dollar per square foot rental rate locked in for two years with no cancellation clause. A third year is also included with a cancellation clause. This will guarantee $126,000 revenue to the Town over two years above what we are presently receiving in Post Office rental revenue, which will allow certain improvements to be made to the existing Municipal Building as discussed previously. The action on this item is only approved in the lease, and is not considered an approval proceeding with improvements. That will be discussed separately in the next few weeks. Staff Recommendation: Approve the lease extension agreement as presented. -2- . ` . CITIZEN PARTICIPATION 6. Town Manager's Report. 7. Adjournment. ~ -3- MINUTES VAIL TOWN COUNCIL MEETING AUGUST 4, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 4, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce Hermann Staufer John Slevin MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a Consent Agenda, consisting of the following items to be considered: A. Approval of the July 7 and 21, 1987, Evening Meeting minutes and July 28, 1987, Special Meeting minutes. B. Ordinance No. 25, Series of 1987, second reading, reapplying zoning to reannexed East Intermountain. C. Ordinance No. 26, Series of 1987, second reading, reapplying zoning to reannexed areas known as the Valley, Ridge at Vail and Cliffside. D. Resolution No. 22, Series of 1987, designating Resources Industrial Bank as a Town of Vail Depository. Attention was drawn to the minutes of the July 28 meeting, with the following changes being made: A. Ron Phillips was absent from this meeting. B. Under Ordinance No. 28, Series of 1987, John Slevin questioned whether wording for signage, Section 8.28.030 Solid Fuel Burning Devices, "Caution - Gas Fireplace Only," was correct. Upon checking with the proper sources (i.e., building and health officials and published ordinance), the wording was found to be correct. C. Under discussion of the "Aurora" sculpture, it was noted the request to purchase be sent back to the actual Public Art Task Force for final review. D. Under "Other," the Council had requested site visits become mandatory for appeals and call-ups on DRB and PEC decisions. Additionally, the Council requested they be notified of the DRB appearance for upcoming review of the Blu's expanded deck. There was also discussion regarding Item D, Resolution No. 22. Kent Rose requested that for this depository, as well as future ones, that an actual physical address be listed within the resolution. The address for Resource Industrial Bank is 101 Madison, Denver, Colorado. Kent Rose moved the consent agenda be approved, with the noted changes to the minutes of the July 28 meeting and to Resolution No. 22, and John Slevin seconded this motion. A vote was taken and the motion passed unanimously, 7-0. The second item of business was Ordinance No. 24, Series of 1987, second reading, an ordinance amending Chapter 5.20, "Transient Dealers" of the Municipal Code of the Town of Vail; providing a definition of street entertainer and street artisan; restricting the operations of street entertainers and artisans and setting forth certain exceptions to said restrictions. After discussion, the following changes were requested for the final form of the ordinance: 1. Section 5.20.020 E. "Street Entertainer" To read -"Street Entertainer" means a person who performs mime, magic, music, juggling, comedy, story telling, or other types of entertainment on public streets, property, or rights-of-way at no charge to the public. 2. Section 5.20.020 F. "Street Artisan" To read -"Street Artisan" means a person who creates and sells portraits, landscapes, streetscapes and other types of two dimensional art on paper, canvas, or similar material while on public streets, property, or rights-of-way. 3. Section 5.20.070 A. License - Term - Cancellation To read: A. A transient dealer's, street entertainer, or street artisan license issued under this chapter may be revoked by the Director of Community Development, or his/her agents, for any of the following causes: A licensee may appeal any such decision to revoke a license within ten days following such revocation to the Town Council. Upon hearing such appeal, the Town Council may uphold, overturn, or modify the revocation. 4. Section 5.20.090 Selling on streets prohibited To read: This section shall not, however, be deemed to prohibit the selling of taxicab or pedicab services or horsedrawn conveyance rentals on the streets or rights-of-way within the town, where such vehicles are permitted to operate by the laws of the town or activities of street entertainer or artisan as permitted under this chapter. 5. Section 5.20.095 A. Street Entertainer and Street Artisan To read: Of these permits, no more than two shall be issued for the Vail Village area, nor more than two for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit(s) are available. Permits shall be issued on a first-come, first-serve basis. 6. Section 5.20.095 B. To read: Of these permits, no more than four may be issued for the Vail Village area nor more than four may be issued for the Lionshead area. Length of permits shall be for a two month period. Applications for permits will be accepted no sooner than fourteen days prior to the date permit(s) are available. Permits shall be issued on a first-come, first-serve basis. Eric Affeldt moved to approve the ordinance, with the changes included per Kent Rose, and Kent Rose seconded this motion. A vote was taken and the motion passed unanimously, 7-0. The next item of business was Ordinance No. 27, Series of 1987, second reading, an ordinance approving a special development district (known as SDD No. 17) and the development plan in accordance with Chapter 18.40 of the Municipal Code and setting forth details in regard thereto. Peter Patten noted the following correction should be made: Section 4. Development Plan. Sheet 1. Site and Landscape Plan - Final Revision: 4 August 87. Gordon Pierce suggested the electrical conduit for the street lights along the public walkway to be arranged for by the Town of Vail staff and the developer prior to laying the walkway. Kent Rose moved to approve this ordinance, with a second from Gordon Pierce. A vote was taken and the motion pass unanimously, 7-0. The fourth item of business was a request from Holy Cross Electric for an easement. Tom Braun explained the background on this request. Richard Brinkley, manager of services for Holy Cross Electric, spoke on behalf of the applicant and the judiciousness of approving this easement. Chris Neuswanger lodged a citizen complaint in regard to placement and lack of landscaping of a similar transformer box on his private property. And Brian McCartney, head of mountain operations for Vail Associates, spoke regarding the necessity of this easement for mountain operations for this coming winter season. After considerable discussion regarding size of transformer boxes, placement, and screens or landscaping, as well as a possible DRB approval process becoming mandated, it was decided that the final placement and J -2- screening be worked out between the Town staff and Holy Cross. Special sensitivity to aesthetics will be shown. Kent Rose moved the easement be approved, and John Slevin second this motion. A vote was taken and the motion passed unanimously, 7-0. The next item of business was Citizen Participation, and there was none. Under Item 5, the Town Manager's Report, Ron Phillips deferred his report to Stan Berryman. Because of a recent decision on the State level, local zoning will govern the blue highway advertisement signs. Additionally, everyone was reminded of the Signage Meeting to be held at the Raintree Inn on Wednesday, August 5, 1987, at 7:00 p.m. There being no further business, the meeting was adjourned at 8:55 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pamela A. Brandmeyer ; -3- MINUTES VAIL TOWN COUNCIL MEETING AUGUST 18, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, August 18, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gordon Pierce John Slevin MEMBERS ABSENT: Gail Wahrlich-Lowenthal Hermann Staufer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was presentation of a Ten Year Anniversary Silver Belt Buckle to John Gallegos. Notes of commendation were supplied by Ron Phillips and Stan Berryman. The second order of business was presentation of a Ten Year Anniversary Silver Belt Buckle to Kurt Mulson. Notes of commendation were supplied by Ron Phillips and Ken Hughey. The third item on the agenda was the Public Input Session for the 1988 Budget, with Ron Phillips supplying some background information on the overall process and Steve Barwick giving a short presentation. Steve noted the Town Council had already completed their Service Level Analysis surveys and the results had been so noted. Additionally, he broke down sources for revenues and expenses of the Town of Vail, and noted there would be no major changes other than the potential for the Town of Vail to collect its own sales tax, such change assuring an additional revenue source of $1.1 million dollars the first year of collection. No comment from the public was forthcoming. Item four on the agenda was Ordinance No. 17, Series of 1987, first reading, an ordinance adopting an investment policy for the Town of Vail. Charlie Wick noted this had been discussed thoroughly at the work session during the afternoon, and there being no further discussion, Gordon Pierce moved to approve this ordinance, with a second coming from John Slevin. A vote was taken, with all in favor except Eric Affeldt. Following the vote, Eric stated he was still uncomfortable with the collateralization of certificates of deposit over $100,000.00 where real estate mortgages are used for collateralization. The fifth order of business was Ordinance No. 30, Series of 1987, first reading, an ordinance approving a special development district (known as special development district No. 18, Victorians at Vail) and the development plan in accordance with Chapter 18.40 of the VAIL MUNICIPAL CODE and setting forth details in regard thereto. Rick Pylman presented an overall view of the project. David Skirmhorn introduced himself as one of the developers of this project, and also noted that John Neilson and Cynthia Williams were in the audience as well. Skirmhorn stated that negotiations were still proceeding for placing the Holy Cross lines underground, and that surrounding neighbors and parties of interest had been contacted in regard to their participation in that facet of the project. A discussion also ensued regarding the road access and road radius for the fire department. Eric Affeldt moved to approve the ordinance on first reading, by including the following conditions from both staff (per August 10, 1987 memo) and Planning Commission (per August 18, 1987 memo): STAFF RECOMMENDATION: 1. The site plan and building plans submitted by the Architractor Design _ Group and the preliminary plans submitted by Johnson Kunkle and Associates shall serve as the development plan for this special development district. 2. The access drive be redesigned to provide the required buffered zone from the eastern property line of Lot 2, Block 3, Bighorn 3rd. 3. The existing overhead power lines shall be installed underground the length of the property before a temporary certificate of occupancy is issued. PLANNING COMMISSION: 1. The applicant not remonstrate against a special improvement district, if one is formed in that area for the purpose of creation and financing of a bicycle path that would serve Bighorn Road. 2. That condo declarations be filed with the property that address additional GRFA and common maintenance provisions. 3. The change from wording of the setbacks as described in the staff memorandum dated August 10, 1987, to the wording that is listed in the ordinance to go to Town Council. Kent Rose seconded this motion. A vote was taken and the motion passed unanimously, 5-0. The next item on the agenda was a Vacation and Abandonment of an Existing Easement over the northerly ten feet of Tract A, Vail Village, First Filing. Kristan Pritz noted that all utilities had signed off on the Vacation and Abandonment. Kent Rose moved to approve this item as presented, with a second coming from Gordon Pierce. A vote was taken and the motion passed unanimously, 5-0 The seventh item of business was an appeal of the Red Lion Inn Amplified Sound Permit. Ron Phillips described the process for granting a sound permit and the criteria involved. Susan Scanlan stated that of the five existing long-term amplified sound permits, she was having problems with the Red Lion, and had complaints involving Pepi's deck, too. No parties with equity interest ownership in the Red Lion Inn were present at this hearing, although Steve Meyer, the musician at this location, was present to speak on behalf of continuing the permit. It was established that proper notice had been given to the permittee, both verbally and in writing. It was further established the sound level meter had been calibrated within the past thirty days. Steve Meyer presented material from ROLLING STONE MAGAZINE relating to crowd noise decibel levels, as well as his attempts to work with Susan in monitoring the noise. Jack Curtin, the appellant, presented documentation of various incidents where the permittee had played music beyond the decibel level requested and granted, and incidents where music was played outside the time parameters which had been granted. After all the testimony was given, Eric Affeldt moved to revoke the amplified sound permit for the Red Lion Inn, and this was seconded by Kent Rose. His findings noted the repeated violations of the permitee, as well as a disregard for Town ordinances. A vote was taken and the motion passed unanimously, 5-0. Under Citizen Participation, Jack Curtin spoke further of the problem with amplified sound on decks in town. He suggested to the Council they review the current ordinance and remove amplified sound permits that are given over a long period of time. Larry Eskwith noted the original ordinance was not conceived to cover "live" entertainment, and that after he reviews some procedural and legal problems, he will be re-drafting this section of the ordinance. Bob Fritch also noted he was having numerous problems with amplified sound coming from various decks and, now that he understood the procedure for pursuing getting rid of the sound, would do so. Eric Affeldt requested that Susan Scanlan check with current live performers to see what their response to the demise of amplified sound might be. He asked this be returned to the Council for their consideration within thirty days. The eighth item on the agenda, the Town Manager's Report, included the following information: 1. Bus ridership was up 6.5% in July, which ridership was down in April, May and June, as was sales tax. -2- 2. A special shuttle bus system was provided for the Ford Golf Tournament, and on Tuesday alone, carried 5,700 riders out of 9,400 total for the day. 3. A reminder of the Coors Classic on Wednesday, August 19, 1987, with races at 1:00 P.M. and 4:00 P.M. 4. A reminder of the Medical Center Dedication at 11:00 A.M. on Wednesday, August 19, 1987. There being no further business, the meeting was adjourned at 9:00 P.M. Respectfully submitted, Paul Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Pam Brandmeyer -3- ORDINANCE N0. 17 Series of 1987 AN ORDINANCE ADOPTING AN INUESTMENT POLICY FOR THE TOWN OF VAIL. WHEREAS, the Town Council deems the investment policy of the Town of Vail a matter of local concern; and WHEREAS, the Town Council wishes to adopt an investment policy for the Town which sets forth appropriate guidelines for the investment of Town of Vail funds. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, as follows: 1. The Town Council of the Town of Vail, Colorado hereby adopts Vail Town Council Policy Statement 87-1 Investment Policy attached hereto and incorporated in this Ordinance by reference: 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of ail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING THIS 18th day of Auqust , 1987, and a public hearing shall be held on this ordinance on the 18th day of August , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 18th. day of Auqust , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- r • VAIL TOWN COUNCIL COUNCIL POLICY STATEMENT 87-1 INVESTMENT POLICY SECTION I. STATII~~NT OF PURPOSE The Investment Policy of the Vail Town Council for the Town of Vail represents the financial boundaries within which its cash management process will operate. Areas covered by this policy include: II. Scope of Financial Funds to be Invested III. Investment Objectives IV. Delegation of Authority for Investment Decisions V. Investment Prudence VI. Investment Instruments in which the Town May Invest, Diversification of the Investment ' Portfolio, and Minimum Maturity Portfolio Schedules VII• Financial Institutions in Which the Town May Invest VIII. Establishment of an Investment Committee IX. Provisions for Interim and Annual Reporting Cash management goals shall be developed within the constraints of this policy statement. Goals shall include: A. A total percentage of cash to be invested. The Town shall have 100% of Town funds invested. B. Percentage of Return (Yield). A target yield should be stated as a goal. This target yield goal shall be presented in the annual operating budget. C. Total Dollar Return Goal. Combines the goals of percentage of cash available and the percentage of yield to obtain a total dollar return goal. SECTION II. SCOPE This investment policy applies to all financial funds of the Town of Vail (hereby referred to as the "Town"). These funds are accounted for in the Towns comprehensive Annual Financial Report and currently include the: General Fund Capital Projects Fund Construction Funds Special Revenue Funds: Real Estate Transfer Tax Parking Fee Fund Conservation Trust Fund Enterprise Funds: Internal Service - Fleet Maintenance Fund Internal Service - Health Insurance Debt Service Fund Special Assessment Funds Monies held by the Colorado State Treasurer and Eagle County Treasurer during tax collection periods shall be governed by State of Colorado and Eagle County investment policies and are not subject to the provisions of this policy. 2 SECTION III. INVESTMENT OBJECTIVES The format objectives of the Town is to ensure the safety of principal. Each investment transaction shall first seek to ensure capital losses are avoided, whether they are from default of . securities or erosion of market value. The Town, as its second major objective, seeks to attain market rates of return on its investments. Market rate objectives must be consistent with constraints imposed by the primary objective of the safety of principal, internal cash flow considerations and any Town of Vail ordinance, restricting the placement of public monies. Speculative investments will not be allowed. Speculative investments are those attempting to gain market premium appreciation through short term market volatility resulting in increased risk and loss exposure. The Town will not purchase a security which cannot be held to maturity. This does not mean an investment cannot be sold prior to maturity. SECTION IV. DELEGATION OF AUTHORITY Management responsibility for the investment program is held by the Town Manager and appointed designees. No employee may engage in an investment transaction except as provided under the terms of this policy and any procedures which may be established by the Town Manager. The Town Manager shall approve investments made through investment documentation. It shall be the duty of the Controller to manage the day-to-day operations of the portfolio, and place actual purchase/sell orders with institutions. In the absence of the Controller, the Administrative Services Director shall assume these duties. 3 The authority for the investment philosophy and selection of investment managers for the Town of Vail Employee Pension Plan and the Town of Vail Police and Fire Employees Pension Plan shall be the responsibility of the Pension Plan Trustee as defined in the pension plan document. SECTION V. PRUDENCE Investments shall be made with reasonable financial judgement and care, under circumstances than prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the primary objective of safety of principal as well as the secondary objective of the obtainment of market rates of return. Investment officers acting in accordance with written procedures and exercising due prudence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectation are reported in an timely fashion, and appropriate action is taken to control adverse developments. SECTION VI. INVESTMENT INSTRUMENTS As a unit of local government in the State of Colorado the Town of Vail is restricting itself to the following type of securities: 1. Savings accounts, certificate of deposit and other time accounts of commercial banks insured by the Federal Deposit Insurance Corporation. 4 2. Securities of savings and loan associations' share or investment certificate of which are insured by the Federal Savings and Loan Insurance Corporation. 3. Treasury Bills, Treasury Notes, Treasury Bonds and Federal agencies securities which are guaranteed by the full faith and credit of the United States of America. Other securities, such as Fannie Maes, which are not backed by the full faith and credit of the United States, may be purchased on a full delivery vs payment basis where the securities are used as collateral and are delivered at the time the Town releases funds for their purchase. 4. Commercial paper issued by corporations organized in the United States with assets exceeding $500,000,000. 5. Colorado Public Investment Pools. The Town may participate in a Colorado Public Investment Pool, the Colorado Local Government Liquid Asset Trust or other similar local government pools organized in conformity with Part 7 of Article 75 of Title 24, CRS, which provides specific authority for pooling of local government funds. 6. Money Market funds or short intermediate term bond funds investing in U.S. Agency Securities guaranteed by the U.S. Government. In addition, the Town may participate in repurchase agreements provided the securities for the agreement are included in 1 through 6 above. As a matter of policy, the Town must take delivery of the securities purchased through a repurchase 5 agreement or have required collateralized securities in a restricted account located at the Federal Reserve Bank if the terms of the agreement is greater than 14 days. Repurchase agreements with terms less than 14 days shall be held in safekeeping by a banker or broker in a designated trust department. Repurchase agreements involving non-deliverable securities shall only be held by the Federal Reserve Bank or by another commercial banking institution's trust department which is not owed or controlled by the borrowing institution. Pledged securities under repurchase agreements must be based on market value, not face value. When entering a repurchase agreement where delivery is not required, the Town shall obtain a safekeeping receipt for the specific security(ies) purchased. Repurchase agreements involving pooled collateral shall be avoided. Repurchase agreements shall only be purchased from banking institutions or primary brokerage firms. Primary brokerage firms shall only be used on a full delivery vs payment basis for repurchase agreements. It is the general policy of the Town to concentrate its investment efforts in, but not to be limited to, U.S. Treasury obligations, Certificates of Deposit and Super Now Accounts issued by financial institutions located in the Town or Eagle County. Investments will be selected on the following basis: 1. The institution offering the investment must meet all the criteria as stated in the "Financial Institutions", Section VII of this policy statement. 6 2. The duration of the investment must coincide with cash requirements determined by the Controller of the Town to meet short term or long term needs. 3. The rate of interest on the investment must be at least equivalent to the average rate of return available in the market place. Certificate of Deposit Investments in excess of $100,000 shall use an informal bidding procedure where rates will be received from at least two institutions with the investment placed with the highest bidder provided the institution meets the Town's investment criteria as stated in Section V. Certificate of Deposit investments in the amount of $100,000 or less shall have a yield analysis performed in comparing the selected investment to others similar in nature. The Town may place an investment with a local institution that is not the highest bidder, provided the bid is not more than 25 basis points below the highest bidder. U.S. Agency and Corporate Commercial Paper investments shall use a formal bidding procedure where rates will be received from at least two institutions with the investment placed with the highest yielding bidder provided the institution meets the Town's investment criteria. Short Term (1 year or less) U.S. Treasury- bills or notes which do not exceed $250,000 are not required to use the aforementioned bidding process due to the limited variation of yields for such instruments. However, bid comparisons are to be chosen randomly, to ensure that quality pricing is being obtained by the Town on instruments not requiring a bid process. It is the responsibility of the Controller to demonstrate compliance with this section. A local institution is 7 defined as a bank or savings and loan association doing business inside the corporate limits of the Town of Vail and/or Eagle County. All investments will be in the name of the Town of Vail and in most cases it will be a general policy of the Town to pool all available operating cash into a Treasury Cash Management investment portfolio. However, a specific investment purchased by a specific fund shall incur all earnings and expenses to that particular fund. Interest earnings from pooled funds shall be allocated to all participating funds in the following order: A. Payment of interest earnings shall be allocated to designated funds from its specific investments. B. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. C. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. D. Payment to each fund of an amount based on the average monthly cash balance included in the common portfolio for the earning period. All money market investment securities will be held in safekeeping at financial institutions or in shares with mutual funds. Safekeeping account receipts will be held by the Town's Finance Division. 8 PORTFOLIO DIVERSIFICATION The Town will diversify use of investment instruments to avoid incurring unreasonable risks inherent in overinvesting in specific instruments, individual financial institutions or investment maturities. Maximum Percent Diversification by Instrument: of Portfolio Money Market & Super Now Accounts with Commercial Banks 100% Money Market Funds and Mutual Funds of U.S. Government Guaranteed Securities 50% U.S. Treasury Obligations (Bills, Notes & Bonds) 100% U.S. Government Agency Securities and Instruments of Government Sponsored Corporations 50% Repurchase Agreements (Repos) 500 Certificate of Deposit (CDs) ' Commercial Banks 100% , Certificate of Deposit (CDs) Savings & Loan Association 15% Local Government Investment Pool 50% Corporate Commercial Paper 20% Diversification by Financial Institution: Repurchase Agreements (Repos) No more than 20% of the total investment portfolio shall be secured in Repos with any one institution. Certificates of Deposit (CDs) - Commercial Banks No more than 330 of the total investment portfolio shall be secured in any one commercial bank's CDs. The Colorado Public Deposit Protection Act (P.D.P.A.) provides collateralization of public monies accounts in excess of 9 $100,000 with U.S. Treasury, U.S. Agency, Colorado Municipal Bond or 65% of Real Estate Mortgage face value investments. Certificates of Deposit (CDs) and Passbook Savings Accounts -Savings & Loan Associations No more than $100,000 in CDs shall be secured in any one Savings and Loan institution. Local Government Guaranteed Securities or Money Market accounts backed by U.S. Government Securities No more than $2,000,000 shall be secured in a local government investment pool. Corporate Commercial Paper No more than $500,000 may be secured in any one Triple A (AAA) Corporate Security. MATURITY SCHEDULING Investment maturities for operating funds shall be scheduled to coincide with projected cash flow needs, taking into account large routine expenditures (payroll, bond payments) as well as considering sizeable blocks of anticipated revenue (sales tax, property tax). Maturities in this category shall be timed to comply with the following guidelines: MATURITY SCHEDULE PORTFOLIO MINIMUMS Under 12 months 750 Under 24 months 85% 10 The average maturity of the portfolio shall never exceed 2 years. SECTION VII. FINANCIAL INSTITUTIONS As stated in Section V, it is the general policy of the Town to purchase Money Market accounts, certificates of deposit and other time accounts primarily from financial institutions located in the Town of Vail and/or Eagle County. United States government securities are to be purchased through the facilities of commercial banks or a securities institution as designated by the Securities Exchange Commission (S.E.C.). Financial institutions will be required to meet the following criteria in order to receive Town funds for investment: 1. Insurance Public Funds shall be deposited only in financial institutions insured by the Federal Deposit Insurance Corporation or Federal Savings & Loan Insurance Corporation. 2. Collateral The amount of Town of Vail deposits or investments not insured by agency of the federal government shall be collateralized by securities or mortgages in an amount equal to the market value of that amount of invested funds plus unpaid interest earnings. 3. Size The amount of Town of Vail deposits or investments not collateralized or insured by an agency of the federal government shall not exceed 35% of the net worth or capital stock and surplus of the institution. 11 4. Disclosure A) Each financial institution maintaining invested funds in excess of $100,000 shall furnish corporate authorities a copy of all statements of resources and liabilities which it is required to furnish to the State Commission of Banks and Trust Companies or the Controller of Currency. The Town shall not invest in excess of $100,000 in banking institutions which do not disclose to the Town a current listing of securities pledged for collateralization of public monies. B) Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. SECTION VIII. INVESTMENT COMMITTEE There is hereby created an investment committee, consisting of the Town Manager, Administrative Services Director, and the Finance Controller. Members of the committee will meet at least quarterly to determine general strategies and to monitor results. Minutes of the decisions made by the investment committee shall be kept on file in the Town Clerk's Office. The committee shall include in its review and deliberations such topics as: potential risks, authorized depositories, rate of return, maturity structure and investment transactions. The committee's authority shall not apply to investments of the Town of Vail Employee's Pension Fund. 12 SECTION IX. REPORTING-INTERIM AND ANNLJAL The Finance Controller will submit a quarterly investment report which discloses all quarterly transactions. The report will be reviewed in detail by the investment committee and the committee shall expand or alter the contents of the report as deemed necessary. This information will be included in the letter of transmittal written by the Controller. A quarterly or semi-annual investment report shall be given to the Town Council. The effective date of this policy shall be the day of , 19 Paul Johnston, Mayor 13 ORDINANCE N0. 30 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT, (KNOWN AS SPECIAL DEVELOPMENT DISTRICT N0. 18, VICTORIAN AT VAIL) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE UAIL MUNICIPAL CODE IN SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the town; and WHEREAS, the WSN Partnership has submitted an application for a special development approval for a certain parcel of property within the town known as Lot 2, Block 3, Bighorn 3rd Subdivision to be known as Special Development District No. 18; and WHEREAS, the establishment of the requested SDD 18 will insure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the town and its citizens, inhabitants, and visitors to establish such Development District No. 18: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for SDD 18. Section 2. Special Development District 18 Special Development District No. 18 (SDD 18) and the development plan therefore, are hereby approved for the development of Lot 2, Block 3, Bighorn 3rd subdivision, within the Town of Vail consisting of 0.953 acres. Section 3. Purpose Special Development District No. 18 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff inemorandum dated August 10, 1987, there are significant aspects of Special Development District No. 18 which are difficult to satisfy through the imposition of the standards of the residential cluster zone district. SDD 18 allows for greater flexibility in the development of a cluster subdivision that would be possible under the current zoning of the property. Building envelopes will be established which designate the area as upon the site in which development will occur. The establishment of these building envelopes permits the subdivision of these units, allowing the developer to carry out the concept of SDD 18. Section 4. Development Plan A. The development plan for SDD 18 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by the WSN Partnership and consists of the following documents which will be finalized at the major subdivision final pl at -revi ew. 1. Preliminary plan the Victorians at Vail dated August 7, 1987 Steven K. Scott, Colorado Registered Professional Land Surveyor. 2. Topographical survey, Lot 2, Block 3, Bighorn Subdivision 3rd addition, Steven K. Scott, Colorado Registered Professional Land Surveyor. 3. Architectural and design plans submitted by the Architractor Design Group dated 5/18/87 that consist of sheets 1 through 5. 4. Amended Site Plan submitted by the Architractor Design Group dated 8/12/87. 5. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shall adhere to the following: Acreage The total acreage of the site is 0.953 Permitted Uses The permitted uses for the site are proposed to be: a. Single-family residential dwellings b. Open space c. Public and private roads Conditional Uses a. Public utility and public service uses - b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities e. Private clubs 4. Accessory Uses a. Private greenhouses, toolsheds, playhouses, attached garages or car ports, swimming pools, patios, or recreation facilities customarily incidental to single-family residential uses. b. Home occupations, subject to issuance of a Home Occupation Permit in accordance with provisions of sections 18.58.130 through 18.58.190; c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof 5. Development Standards Proposed development standards are as follows: a. Lot area not applicable building envelopes govern Building envelopes 1. .080 Acre 2. .080 Acre 3. .080 Acre 4. .080 Acre 5. .080 Acre Common Area and Open Space 6. .553 Acre 6. Setbacks Minimum setbacks for the location of structures from the exterior property lines of Lot 2, Block 3, Bighorn 3rd shall be twenty (20) feet from the front property line fifteen (15) from the side and rear. Setbacks from the platted building envelopes shall be five (5) feet. Roof overhangs and decks may encroach half way into the required setback. 7. Densit Maximum of five single-family structures shall be allowed in accordance with the development plan. One single-family structure shall be allowed within each of the designated building envelopes. A total gross residential floor area attributed to the project shall be 9,000 square feet. 8. Site Coverage Not more than twenty-five (25) percent of the total site area of the Special Development District shall be covered by buildings. 9. Building Height Building height shall not exceed thirty-three (33) feet. 10. Parking Two parking spaces shall be provided per unit with one of the two spaces to be enclosed. 11. Landscaping The entire portion of the building envelope not covered by pavement or buildings shall be landscaped as well as any areas outside the building envelope disturbed during construction. 12. Design Guidelines The architectural design of the buildings constructed on site shall be controlled by the development plan submitted as a part of the Special Development District. Minor changes to this architecture may be approved by the Design Review Board. 13. Recreation Amenities Tax . Recreation Amenities Tax shall be .30 per square foot as is consistent with the Residential Cluster zone district. 14. Protective Covenants Prior to major subdivision final plat approval, the developer shall file protective covenants on the land records of Eagle County which will provide for the formation of a homeowners or condominium association. These covenants shall include provisions providing a vehicle for financing of common improvements and maintenance. These covenants shall also provide for equitable distribution of any available GRFA that may be utilized for further construction on this site. Section 5. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 6. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently toward the completion of the project. If the applicant does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed by the preceding sub- section, the Planning and Environmental Commission shall review the special development district. They shall recommend to the Town Council that either the approval of the special development district be extended, that the approval of the special development district be revoked, or that the special development district be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RESOLUTION N0. 23 ' Series of 1987 A RESOLUTION SETTING FORTH THE TOWN COUNCIL'S SUPPORT IN PRINCIPAL OF THE TOWN OF AVON EFFORT TO FURTHER INVESTIGATE A TELEVISION TRANSLATOR SYSTEM FOR THE COMMUNITIES OF THE GORE VALLEY. WHEREAS, the Town of Avon has applied for five translator licenses to provide broadcast television; and WHEREAS, the Town of Avon has reviewed the feasibility of a television translator system in accordance with the attached report; and WHEREAS, the Town of Avon has approved its staff pursuing the creation and operation of the television translator system to serve the residents of the Town of Avon and the adjacent communities; and WHEREAS, the Town of Vail believes that it would be in-the best interest of its citizens to support the Town of Avon in its efforts relating to a television translator system. NOW THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that it agrees in principal to support the Town of Avon's effort to further investigate the creation and operation of a television translator system which will serve the communities of the Gore Valley with broadcast television. INTRODUCED, READ, APPROVED AND ADOPTED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RESOLUTION N0. 24 Series of 1987 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ACT ON BEHALF OF THE TOWN IN NEGOTIATING AND ENTERING INTO A LEASE AGREEMENT PROVIDING FOR THE LEASE OF LAND AND IMPROVEMENTS TO THE UNITED STATES POSTAL SERVICE AND OTHER INSTRUMENTS AND DOCUMENTS RELATING THERETO. IT IS HEREBY resolved by the Town Council of the Town of Vail, Colorado that Ron Phillips, the Town Manager for the Town of Vail, is hereby authorized to act on behalf of the Town of Vail in all matters requiring signatures enabling the lease of land and improvements to the United States Postal Service and all other instruments and documents relating thereto. INTRODUCED, READ, APPROVED AND ADOPTED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Ordinance No. 29 Series of 1987 AN ORDINANCE AMENDING SECTION 2.24.020 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE THAT MEMBERS OF THE PLANNING AND ENUIRONMENTAL COMMISSION SHALL SERVE FOR A TERM OF TWO RATHER THAN FOUR YEARS ON AN OVERLAPPING BASIS; AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Charter was amended by the Citizens of the Town of Vail on November 19, 1985 to provide that Planning Commission Members shall no longer serve for four years on an overlapping basis but rather that their term shall be two years on an overlapping basis; and WHEREAS, the ordinances of the Town need to be conformed to the Town Charter. NOW THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado as follows: 1. Section 2.24.020 MEMBERS - APPOINTMENTS - terms of the Municipal Code of the Town of Vail, Colorado is hereby amended to read as follows: The Planning Commission shall have seven members appointed by the Town Council. . All members of the commission shall be residents, qualified electors of the Town, and if any member ceases to reside in the Town, membership on the commission shall immediately terminate. All members of the Planning Commission as of the effective date of the ordinance codified in this chapter shall continue as members of the Planning and Environmental Commission until the expiration of their term, their resignation, or removal. The terms of the members of the Planning and Environmental Commission shall be for four years TWO YEARS on an overlapping basis. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- . • TO: Town Council FROM: Community Development Department DATE: September 1, 1987 SUBJECT: Amendments to Special Development District #16, Elk Meadows Applicant: Lamar Capital Corporation On July 7, 1987, the ordinance approving the Special Development District for Elk Meadows was given final approval by the Town Council. The Planning Commission may approve minor changes to a special development district. The PEC reviewed the changes below and recommended approval of the amendments at their August 24th meeting. The requested changes to Special Development District #16 are listed below: Original SDD Proposed Amendments 1. Units 9 7 2. Type 2 duplex, 5 single family 7 single family units 3. GRFA: 1,777 per unit 2,285 per unit 4. Section 4 B.8: Building Height. Building Height. Building height shall be Building height shall 33 feet for a sloping not exceed 33 feet for roof. a sloping roof. Essentially, the applicant is requesting to decrease the density of the subdivision. The total unit number is being decreased from 9 to 7 units. 10 units are actually allowed under the original zone designation. The project would have 7 single dwelling units instead of 2 duplex units plus 5 single family units. The GRFA for the project would change to 2,285 square feet for each single family unit instead of 1,777 GRFA per unit. The total GRFA allowed for the project is 16,000 square feet. The total GRFA proposed would be 15,995 square . f e e t. Erc-to.SA.,4 i-2 4~ hi- 0 L.J 64-~ VA RAC,- II I.U Lu STAFF RECOMMENDATION 01mum~ - 19ki- rLD,I) OrJvr.aUrL.k,l_ ~ 3L `t~ t,U bu- d.oQivuu,446 ~61k Staff recommends approval of the amendments. Our pinion is ~ that the decrease in density should be viewed as a positive improvement due to the sensitivity of this site. Attached to this memo is the revised Special Development District #16 ordinance. Please note that additions have been typed in all capital letters and underlined. A line is drawn through portions of the ordinance that will be omitted. ORDINANCE N0. 19 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD16, ELK MEADOWS) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, Lamar Capital Corporation has submitted an application for a Special . Development approval for a certain parcel of property within the Town known-as The Valley, Phase III, part of Parcel- A, Lion's•Ridge Subdivision Filing No. 2 to be known as Special Development District No. 16; and WHEREAS, the establishment of the requested SDD 16 will insure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish such Special Development District No. 16: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section l. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 16. Section 2. Special Development District No. 16. Special Development District No. 16 (SDD 16) and the development plan therefore, are hereby approved for the development of Phase III, The Valley, part of Parcel A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consisting of 3.6 acres. Section 3. Purpose Special Development District 16 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff inemorandum dated June 8, 1987, there are significant aspects of Special Development District 16 which are difficult to satisfy through the imposition of the standards of the Residential Cluster zone . district. SDD 16 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural land scenic features of this site, building envelopes wi11 be established which designate the areas upon the site in which development will occur. The establishment of these building envelopes will also permit the phasing of the development to proceed according to each individual owner's ability to construct a residence. SDD16 provides an appropriate development plan that maintains the unique character of this site given the difficult site constraints which must be addressed in the overall design of the project. Section 4. Development Plan A. The development plan for SDD 16 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Lamar Capital Corporation and consists of the 0 following documents, which will be finalized at the major subdivision final plat review: • 1. ELK MEADOW SUBDIVISION PHASE III, THE VALLEY, FINAL PLAT, A RESUBDIVISION OF PART OF PARCEL A, LIONSRIDGE SUBDIVISION, FILING N0. 2, EAGLE VALLEY ENGINEERING AND SURVEYING, MR. LELAND LECHNER, SURVEYOR, AUGUST 6, 1987. 2. Elk Meadows Subdivision Phase III: FINAL UTILITY PLAN, PART OF PARCEL A LIONSRIDGE SUBDIVISION, FILING N0. 2, EAGLE VALLEY ENGINEERING AND SURVEYING, FEBRUARY 23, 1987. -P-wel-' ' y D1 °i11 d' ^g `'n"e' an-d- Pi-eliminary eb?°tta-rp--23-; 1987; -Mr'-. Lee L^eh^e-r,Eo-}er-a nd-S-r.trveyor. 3. Elk Meadows Subdivision Phase III Access Road Design Drawing, John MacKowen, Surveying and Engineering, Inc., June 5, 1987 4. Final Landscape Plan, Elk Meadows, Phase III, Mr. Dennis Anderson, Associates, AUGUST 6, 1987 -oune 38,-1987 5. Elk Meadows Subdivision, Phase III FINAL °p^,;m;^p-r„ Drainage Plan, Mr. Don Pettigrove, P.E., AUGUST 6, 1987 jume-r987 6. ELK MEADOWS SUBDIVISION, PHASE III, FINAL ROCKFALL AND SLOPE ANALYSIS PLAN, MR. LELAND J. LECHNER, SURVEYOR, EAGLE VALLEY ENGINEERING AND SURVEYING, FEBRUARY 23, 1987 2 7. ,Environmental Impact Report submitted by Mr. Peter Jamar, Associates, Inc.,~;ay --1-1 ,9&~ AUGUST 5, 1987 which includes Design Guidelines AND Rockfall Mitigation Requirements.- - fnllnw;nn 1„++.,.,s are a1,. „~~e [T • d. L8 tte 13-T-rv..,.tiq.,, n__ n rcCT,. _ ee n r tv-rri=Mi~E., Iauto r h n r h .1 i ~ n a 12,, 1qR7 ,R,p• Prcliminary .1ra4nage'f3Tt3F1TQc9!6Qi6 itinafi b. 6a~~er frem Mr. NiEkr , , Tn-T;~k" Lau+""ti"'h ~ - 15, - , Ruckf C. Lett freffl . ^ rrP-ett-Ygrzrve,'P . ' "~v "r. -PEz2-I°-Pai t8ia , t '1 1997, . , Rockfali d. t++ f r nti n , ~e ; ~ti~ol I~~~tnrh ~zooer em Mr. Niehel as Lamp.~ r. ~ s, ~1r nn a-Gh, ju„e 19, 1997, Pei-€-l-k--P9 ead-ei s.. S, , b,, ; . , ; }eiq, Reek; 8. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shall adhere to the following: 1. Acreage: The total acreage of the site is•3:-F-3.619 acres 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings rwo_faiT; i~. ta ,-;--a~fe!1''F'~g ---rr-~ i c~iaci Tr S b. Open space c. Public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities e. Ski lifts and tows f. Private clubs g. Dog kennel 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customariy incidental to single-family or two-family residential uses. 3 b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190 c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof d. Horse grazing, subject to the issuance of a horse grazing permit in accordance with the provisions of Chapter 18.58. 5. Parcel Acreages and Uses a. Building Envelopes 1. -6;~ .0647 acres, 1 single family unit 2. -4~-.0617 acres, 1 single family unit 3. --9fr .0534 acres, 1 single family unit 4. .4b-.0483 acres, 1 single family unit 5. .0929 acres, 'dup'^x u1 SINGLE FAMILY UNIT 6. :9& .0641 acres, 1-dwplex--w1 SINGLE FAMILY UNIT 7. -85-.0498 acres, 1single family unit b. Tract l: -9-494 2.491 acres open space AND DRAINAGE EASEMENT c. Tract 2: .6927 .6927 acres private access road and parking 6. Setbacks - Minimum setbacks for the location of structures in relation to building envelope permimeter lines shall be as follows: a. No structure shalll be located on the utility easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west perimeter line. c. No structure shall be located less than three feet from the north perimeter line. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. 7. Density: Approval of this development plan shall permit nine (9) SEVEN (7) ~+~~~>i~n; ~~--ts whish ipel-brde94 single family dwelling units.and duple-m tm-}-ts. A building situated on a single unit residential building envelope shall not contai n more than 2,285 square feet of GRFA. ld; ..g t. . ; t _ : d_ nt_ , ~ GRFA. ' 4 ' 8. BuildinA Height. Building height shall NOT EXCEED 83 feet for a sloping roof. 9. Parking: Two parking spaces shall be provided per unit with one ot the two being enclosed PLUS ONE GUEST PARKING SPACE IN THE COMMON PARKING AREA. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall represent the general subdivision's landscape requirements. The entire portion of the building envelope not covered by pavement or buildings shall be landscaped as well as any area's outside the building envelope disturbed during construction. 11. Desiqn Guidelines: The Design Guidelines shall be submitted to the Design Review Board for their approval. The DRB final design guidelines shall represent the approved design guidelines. Design guidelines for the site are as fol]ows: a. Roof pitch shall be.BETWEEN 4 feet in 12 feet AND 6 FEET IN 12 FEET. b. Roof material shall be METAL STANDING SEAh1 OR A METAL STAh1PED CALIFORNIA TILE FORM and be either charcoal grey or DARK NAUY blue in color. c. Siding material shall be either cedar or redwood and shall be applied hor.izontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. d. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized, it shall be light in color. e. All windows shall be white metal clad windows. f. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow and to contribute to the building's character. 12. Recreation Amenities Tax: The recreation amenities tax is $.30 per square foot. 13. Protective Covenants: Prior to major subdivision final plat approval, the developer shall file protective covenants on the land records of Eagle County which will provide that each owner that builds a structure on a designated building envelope shall comply with the design guidelines and rockfall mitigation requirements as outlined in the EIR by Jamar Associates May-1-1 August 5, 1987. Copies of the guidelines and mitigation requirements shall be available to prospective purchasers at the Community Development Office and Developer's office. The covenants shall also state that an owner may choose to have another qualified engineer/geologist design appropriate rockfall mitigation measures, as long as the mitigation solution does not have negative visual impacts and is approved by the Town of Vail Community Development Department and Town Engineer. The covenants shall also provide in regard to the covenant dealing with design guidelines and rockfall mitigation that .the Town of Vail shall have the right to enforce the covenant and that the covenant may not be amended or deTeted without Town of Vail approval. . . The protective covenants shall be approved by the Town of Vail Attorney, prior to major subdivision final plat approval. Section 5. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shal.l determine what constitutes a change in the substance of the development plan. Section 6. Expiration The applicant must begin construction of the Special Development District tivithin 18 months from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently ?vork toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Totvn Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 6 . Section 8. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein.- INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 7 p U.S. POSTAL SERVICE LEASE EXTENSION AGREEMENT THIS AGREEMENT is made by and between TOWll of Vail, 75 South Frontage Road, V2.11. , CO. 8165 - (Entername(a) of Leaaor) 5096 hereinafter called Lessor, and THE UMTED STATES POSTAL SERVICE. WHEREAS, by Lease dated MaX 27, , 197 1, the Lessor has leased to the Postal Service certain premises known as M3in Post Office and located at 111 Snuth Frnntaa,Q Rrl (,tifain poat office, 6ranch, station, etc.) (Street Addreas) Vail, Colorado 81657-9998 ;ana (C(ty) (State and ZIP code) WHEREAS, the Postal Service desires and Lessor is willing to extend said lease as more fully described hereinafter. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for the further consideration of One Dollar ($1.00) paid by each party to the other, receipt whereof is hereby acknowledged, the pazties do hereby agree as follows: 1. To extend the terms and conditions of the said lease, as the same may have been extended, modif-ied, or amended, for a term of not exceeding (thi rty-ci x) '16 month(s) from NoVember 16 , 19 U_ , to , 19gLi-, at an annual rental of $ 91.395.00 , subject to the General Provisions to Lease Extension Agreement, Form 7415-A, attached hereto. 2._Sh~ E4CY3L$°T•,;"° II31}t..SP.Sm3II12C~73S.~iPCi~t}l)c. $ildopi-- IDIB let() SAWayIIuPn nnticc toshe lardlo«+ *See Para. 4. 3 ~~~tC tCf'f1t "t/f ~3t~"~fE~C~il1'd'r~'II'f'4'}'!C'9Qft(K!"9t~t~~99E8} ~9!'1Rd6; ~~Pi~Ai~6~ ~OF- - - - - - = - ~ SllCC096w6~-~~~~~~~~~~--~--~~•~-~~-iAOAL~S6iiL{~--~.~IIZn.,~ ranfy~~$ otheLpraidsinns-aL said- leaseTac at„PndPd-aL~if'Led.-toremaiaShe.~same.---- 4. The following pazagraphs were added or deleted before execution: Paragraphs 2 and 3 are herein deleted, Paragraph 7( U.S.P.S.Termination rights) has been added. Para. 7. U.S.P.S. Termination Rights, during the initial 2 years of this lease extension agreement Postal Service will not have any termination rights, Postal Service may terminate this agreement in the 3rd. year by giving 90 written notice. 5. When the Postal Service so requests, Lessor shall at Lessor's sole cost and expense have this Agreement recorded in the proper recording office. 6. All other provisions of the aforementioned lease aze hereby confumed and shall remain the same. IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents this day of , 19 . WITNESSES: SEAL: (Street, City, State & ZIP Code Addreas o/ Leasor) (Telephone No. of Leaaor) ACCEPTED by the undersigned for the Postal Service this day of , 19 . WITNESS: THE UNITED STATES POSTAL SERVICE By: Title: (ContracHng Officer) PS Form 7415 Dec. 1974 GENERAL PROVISIONS TO LEASE EXTENSION AGREEMENT 1. FACILITIES NONDISCRIMINATION (c) The Lessor will send to each labor union or representative (The following clause is applicable when the leased space is in a of workers with which he has a collective bargaining agreement or building occupied by tenants or concessionaires in addition to the other contract or understanding, a notice, to be provided by the Postal Service and if the total rental under this Lease Extensioa agency Contracting Officer, advising the labor union or workers' Agreement exceeds $10,000 per year, or at the sole election of the representative of the Lessor's commitments under this Equal Postal Service, if the total rental under this Lease Extension Opportunity clause, and shall post copies of the notice in Agreement combined with the total rental under all other Federal conspicuous places available to employees and applicants for government leases of space in the building in which the space employment. covered by this lease is located exceeds $10,000 per year.) (d) The Lessor will comply with all provisions of Executive (a) As used in this clause, the term "facility" means stores, Order No. 11246 of September 24, 1965, and of the rules, shops, restaurants, cafeterias, restrooms, and any other facility of a regtilations, and relevant orders of the Secretary of Labor. public nature in the building in which the space covered by this (e) The Lessor will fumish all information and reports lease is located. required by Executive Order No. 11246 of September 24, 1965, and (b) The Lessor agrees that he will not discriminate by by the rules, regulations, and orders of the Secretary of Labor, or segregation or otherwise against any person or persons because of PUrsuant thereto, and will permit access to his books, records, and ~ race, color, religion, sex, or national origin in fumishing, or by accounts by the contracting agency and the Secretaty of Labor for refusing to furnish, to such person or persons the use of any facility Purposes of investigation to ascertain compliance with such rules, inciuding any and all services, privileges, accommodations, and regulations, and orders. activities provided thereby._ (f) In the event of the Lessor's noncompliance tvith the (c) It is agreed that the Lessor's noncompliance with the Equal Opportunity clause of this contract or with any of the provisions of this clause shall constitute a material breach of this said rules, regulations, or orders, this contract may be canceled, lease. In the event of such noncompliance, the Postal Service may terminated, or suspended, in whole or in part, and the Lessor may take appropriate action to enforce compliance, may terminate this be declared ineligible for further Government. contracts in accord- lease, or may pursue such other remedies as may be provided by ance with procedures authorized in Executive Order No. 11246 of law. In the event of termination, the Lessor shall be liable for all September 24, 1965, and such other sanctions may be imposed and excess costs of the Postal Service in acquiring substitute space, remedies invoked as provided in Executive Order No. 11246 of including but not limited to the cost of moving to such space. September 24, 1965, or by rule, regulation, or order of the (d) The Lessor agrees to include, or to require the inclusion Secretary of Labor, or as otherwise provided by law. of, the foregoing provisions of this clause (with the terms "Lessor" (g) The Lessor will include the provisions of pazagraphs (a) and "lease" appropriately modified) in every agreement or con- through (g) in every subcontract or purchase order unless exempted cession pursuant to which any person other than the Lessor operates by rules, tegulations, or orders of the Secretary of Labor issued or has the right to operate any facility. The Lessor also agrees that it Pursuant to seclion 204 of Executive Order No. 11246 of will take such action with respect to any such agreement as the September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Lessor will take such action with Postal Service may d'uect as a means of enforcing this clause, including but not limited to termination of the agreement or respect to any subcontract or purchase order as the contracting concession. agency may d'uect as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event 2. EQUAL OPPORTUNITY the Lessor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such duection by the (The following is applicable unless this contract is exempt contracting agency, the Lessor may request the United States to under the rules, regulations, and relevant orders of the Secretary of enter into such litigation to protect the interests of the United Labor (41 CFR, Ch. 60).) States. During the performance of this contract, the Lessor agrees as follows: t (a) The Lessor will not discriminate against any employee or 3. PAYMENT OF PREVAILING WAGES applicant for employment because of race, religion, color, sex, or The following clause is applicable if the net interior space of national origin. The Lessor will take affirmative action to ensure the premises leased pursuant to the agreement identified on the face that applicants are employed, and that employees are treated during of this Lease Extension Agreement exceeds 6,500 square feet: employment, without regard to their race, color, religion, sex or (a) All mechanics and laborers employed in construction, national origin. Such action shall include, but not be limited to the modification, alteration, repair, painting, decoration, or other following: Employment, upgrading, demotion, or transfer; recruit- improvement of the building or space covered by this agreement, or ment or recruitment advertising; layoff or termination; rates of pay improvement at the site of the building or facility covered by this or other forms of compensation; and selection for training, agreement (other than maintenance work necessary to keep the including apprenticeship. The Lessor agees to post in conspicuous building or space in such condition that it may be continuously used places, available to employees and applicants for employment, at an established capacity and efficiency for its intended purpose), notices to be provided by the Contracting Officer settUng forth the shall be paid unconditionally and not less often than once a week, provisions of this Equal Opportunity clause. and without subsequent deduction or rebate on any account (except (b) The Lessor will, in all solicitations or advertisements for such payroll deductions as aze permitted by the Copeland Regula- employees placed by or on behalf of the Lessor, state that all tions (29 CFR Part 3)), the full amounts due at time of payment qualified appficants will receive consideration for employment computed at wage rates not less than the aggregate of the basic without regard to race, color, religion, sex, or national origin. hourly rates and the rates of payments, contributions, or costs for PS Form 7415-A Page 1 of 3 Dec. 1974 ~ any fringe benefits contained in the wage determination decision of ratio permitted to the Lessor as to his entire work force under the the Secretary of Labor which is attached hereto and made a pazt registered program. Any employee listed on a payroll at an hereof, regardless of any contractual relationship which may be apprentice wage rate, who is not registered as above, shall be paid alleged to exist between the Lessor or subcontractor and such the wage rate determined by the Secretary of Labor for the laborers and mechanics. A copy of such wage determination classfication of work he actually performed. The Lessor shall decision shall be kept posted by the Lessor at the site of the work in fumish written evidence of the registration of his program and a prominent place where it can be easily seen by the workers. apprentices as well as of the ratios allowed and the wage rates (b) The Lessor may dischazge his obligation under this clause required to be paid thereunder for the'azea of construction, prior to to workers in any classification for which the wage determination using any apprentices in the work. decision contains: (f) The Lessor shall maintain payrolls and basic records (1) Only a basic hourly rate of pay, by making payment relating thereto during the course of the work and shall preserve at,not less than such basic hourly rate, except as otherwise them for a period of three yeazs thereafter for all ]aborers and provided in the Copeland Regulations (29 CFR Part 3); or mechanics employed in the work covered by this clause. Such (2) Both a basic hourly rate of pay and fringe benefits records shall contain the name and address of each such employee, payments, by making payment in cash, by irrevocably making his conect classification, rate of pay (including rates of contribu- contributions pursuant to a fund, plan, or program for, and/or tions for, or costs assumed to provide, fringe benefits), daily and by assuming an enforceable commitment to bear the cost of, weekly number of hours worked, deductions made and actual wages bona fide fringe benef3ts contemplated by 40 U.S.C. 276a, or paid. Whenever the Lessor has obtained approval from the Secretary by any combination thereof. Contributions made, or costs of Labor as provided in paragraph (c) of this clause, he shall assumed, on other than a weekly basis shall be considered as maintain records which show the commitment, its approval, written having been constructively made or assumed during a weekly communication of the plan or program to the laborers or mechanics period to the extent that they apply to such period. Where a affected, and the costs anticipated or incurred under the plan or fringe benefit is expressed in a wage determination in any program. manner other than as an hourly rate and the Lessor pays a cash (g) The Lessor shall submit weekly a copy of all payrolls to equivalent or provides an alterna6ve fringe benefit, he shall the Contiacting Officer. The Lessor shall be responsible for the fumish information with his payrolls showing how he deter- submission of copies of payrolls of all subcontractors. The copy mined that the cost incurred to make the cash payment or to shall be accompanied by a statement signed by the Lessor indicating provide the altemative fringe benefit is equal to the cost of the that the payrolls aze correct and complete, that the wage rates wage determination fringe benefit. In any case where the contained therein aze not less than those determined by the Lessor provides a fringe benefit different from any contained Secretary of Labor, and that the classifications set forth for each in the wage determinarion, he shall similarly show how he laborer or mechanic conform with the work he performed. azrived, at the hourly rate shown therefor. In the event of Submission of the "Weekly Statement of Compliance" required disagreement between or among the interested parties as to an under this Agreement shall satisfy the requirement for submission of equivalent of any fringe benefit, the Contracting Officer shall the above statement. The Lessor shall submit also a copy of any j submit the question, together with his recommendation, to the approval by the Secretary of Labor with respect to fringe benefits ' Seczetary of Labor for fmal determination. ~ which is required by paragraph (c) of this clause. (c) The assumption of an enforceable commitment to beaz (h) The Lessor shall make the records required under this the cost of fringe benefits, or the provision of any fringe beneFts clause available for inspection by authorized representatives of the not expressly listed in section (b)(2) of 40 U.S.C. 276a or in the Contracting Officer and the Department of Labor, and shall permif wage determination decision forming a,part of the contract, may be such representatives to interview employees during working hours considered as payment of wages only with the approval of the on the job. Secretary of Labor pursuant to a written request by the Lessor. The (i) The Lessor shall comply with the Copeland Regulations Secretary of Labor may require the Lessor to set aside assets, in a of the Secretary of Labor (29 CFR Pazt 3) which are incorporated ; separate account, to meet his obligations under any unfunded plan herein by reference. or program. (j) The Contracting Officer may withhold or cause to be (d) The Contracting Officer shall require that any class of withheld from the Lessor so much of the accrued paymnets or laborers or mechanics which is not listed in the wage determination advances as may be considered necessazy to pay laborers and decision and which is to be employed under the contract shall be mechanics employed by the Lessor or any subcontractor on the classified or reclassified conformably to the wage determination work the full amount of wages required by the contract. decision, and shall report the action taken to the Secretary of (k) If the Lessor or any subcontractor fails to pay any laborer Labor. If the interested parties cannot agree on the proper or mechanic employed or working on the site of the work, all or classification or reclassification of a pazticular class of laborers or part of the wages required by the contract, the Contracting Officer mechanics to be used, the Contracting Officer shall submit the may, after written notice to the Lessot, take such action as may be question, together with his recommendation, to the Secretary of necessazy to cause suspension of any further payments or advances Labor for final determination. until such violations have ceased. (e) Apprentices shall be permitted to work as such only when they are regstered, individually, under a bona fde apprenticeship 4• OVERTIME program reastered with a State apprenticeship agency which is (a) The Lessor shall not require or permit any laborer or recognized by the Bureau of Apprenticeship and Training, United mechanic in any workweek in which he is employed on any work States Department of Labor; or, if no such recognized agency exists under this Agreement to work in excess of 8 hours in any calendaz in a State, under a program registered with the aforesaid Bureau of day or in excess of 40 hours in such workweek on work subject to Apprenticeship and Training. The allowable ratio of apprentices to the provisions of the Contract Work Hours and Safety Standards journeymen in any craft classification shall not be geater than the Act (40 U.S.C. 327-333) unless such laborer or mechanic receives PS Form ]415-A Dec. 1974 Page 2 of 3 compensation at a rate not less than one and one-half time his basic the Postal Service, in its discretion, may cancel this agreement, rate of pay for all such hours worked in excess of 8 hours in any contract for the balance of the work or term, and charge to the calendar day or in excess of 40 hours in such workweek, whichever Lessor the additional cost, if any, incurred thereby. is the greater number of overtime hours. The "basic rate of pay," as used in this clause, shall be the amount paid per hour, exclusive of 6. SUBCONTRACT PROVISIONS the Lessor's contribution or cost for fringe benefits and any cash payment made in lieu of providing fringe benefits, or the basic ~e Lessor agtees to insert Clauses 3, 4, 5 and 6 of this hourly rate cor~tained in the wage determination (if applicable), Agreement in all subcontracts hereunder and to require their whichever is greater. inclusion in all subcontracts of lower tier. The term "Lessor" as (b) In the event of any violation of the provisions of used in these clauses in any subcontract shall be deemed to refer to paragaph (a), the Lessor shall be liable to any affected empioyee the subcontractor. for any amounts due, and to the Postai Service for liquidated damages. Such liquidated damages shall be computed with respect 7. ASSIGNMENT OF CLAIMS to each individual laborer or mechanic employed in violation of the (a) If this agreement provides for payments aggregating provisions of paragaph (a) in the sum of $10 for each calendaz day $1,000 or more, claims for moneys due or to become due the Lessor on which such employee was required or permitted to be employed from the Postal Service under this Lease may be assigned to a bank, on such work in excess of 8 hours or in excess of the standazd trust company, or other financing institution, including any Federal workweek of 40 hours without payment of the overtime wages lending agency, and may thereafter be further assigned and required by paragraph (a). reassigned to any such institution. Any such assignment or (c) The Contracting Officer may withhold from the Lessor, reassignment shall cover all amounts payable under this Lease and from any moneys payable under the lease, such sums as may not already paid, and shall not be made to more than one party administratively be determined to be necessazy to satisfy any except that any such assignment or reassignment may be made to liabilities of the Lessor for unpaid wages and liquidated damages. one party as agent or trustee for two or more pazties participating in such f5nancing. No assignment or reassignment will be recognized as 5. HEALTH AND SAFETY STANDARDS valid and binding upon the Postal Service unless a written notice of (a) To the extent this agreement is for construction, altera- the assignment or reassignment, together with a true copy of the tion, and/or repair, including painting and decorating, the Lessor instrument of assignment, is filed with (i) the Contracting Officer; shall not require any laborer or mechanic employed in the (ri) the surety or sureties upon the bond or bonds, if any, in performance of this agreement to work in surroundings or under connection with this lease; and (iri) the disbursing officer, if any, working conditions which are unsanitazy, hazardous, or dangerous designated in this lease to make payment, and the Contracting to his health or safety as determined under standards promulgated Officer has acknowledged the assignment in writing. by the Secretary of Labor under the authority of 40 U.S.C. 333 (see (b) Assignment of this lease or any interest in this lease other 29 CFR Part 1518). than in accordance with the provisions of this clause shall be (b) In the event it is determined that the Lessor has failed to grounds for annulment of the lease at the option of the Postal comply with this provision regazding health and safety standards, Service. PS Form 7415-A Page 3 of 3 Dec. 1974 *GPO-1975-650-432/1392 ~I NpTES POSi4r W T Page Of REPRESENTATIONS AND CERTIFICATIONS 1 3 USPS Solicitation No. NAME & ADDRESS ('VO•, Street, City, State & ZIP Code) Vail, Co. MPO OF OFFEROR Tawn of V31.1 , Date of Offer 77re ojferor makes the following representations & cerhfications as a part of the ojjer identifed above. (Check and complete all applrcable boxes or blocks. The term 'ojfer' meatrs bid where the procurement is advertised, INSTRUCTTONS °^d proposal where the procurement is negotiated.) NOTE.-Ojjers must set forth full, accurate, and complete information as iequired by this solicitation (includingattach- ments). The penalty for making false statements in ojfers is prescribed in 18 U.S.C. 1001. 1. TYPE OF He operates as an Dindividual, Elpaztnership, Ojoint venture, Ocorporation, Oa nonprofit organization incorporated ORGANIZATION in the State of 2• REGULAR DEALER/ (Check only for supply contracts where the offer exceeds $IO,OOO.) MANUFACTURER He is a Oregular dealer in, Omanufacturer of, the supplies offered. ~ 3. (A parent company is defined as one which either owns or controls the activities and basic business policies of the offeror. To own another company means the parent company owns more than 50% of the voting rights rn that com- pany. To control another company, ownership is not required; the parent company formulates, determines, or vetoes basic business policy decisions of that company.) This control may be exercised through the use of dominant minority voting right, use of proxy voting, contractual anangements or otherwise. PARENT Is the offeror owned or controlled by a parent company? ? Yes V No COMPANY If the answer is `Yes', the offeror must complete parts a, b, & c. If the answer is `No' complete only pazt d. & (The Employer's Identification Number (I.D. is defined as the Federal Social Security No. used on Employer's EMPLOYER Quarterly Federal Tax Return, US Treasury Form 941.) ID NUMBER a) Name of Parent Company b) Main Office Addtess of Parent Co. (No., Street, Ctty, State & ZIP Code) c) Parent Co. [D No. d) Offeror's ID No. 4. The offeror hereby certifies that each end product, except any end products he has listed below, is a domestic source end product (as def:ned, in the clause entitled "Buy American Act"J and that components of unknown origin have BUY AMERICAN been considered to have been mined, produced or manufactured outside the United States. CERTIFICATE Excluded End Products Country of Origin 5. (Check only if offer exceeds $10,000 in amount.) He ? has, W'has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause EQUAL herein, the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; he ? has, ?has not, filed all required compliance reports; and representations OPPORI'[JNIT'Y indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to sub- contract awards. (The above representation need not be submitted in connection with contracts which are exempt from the Equal Opportunity clause.) 6. EQUAL (Check only if offer exceeds $50,000 and offeror has SO employees or more.) The offeror represents that (a) he ? has developed and has on file, Ohas not developed and does not have on OPPORTUNITY file, at each establishment affirmative action programs as required by the rules and regulations of the Secretary of AFFIRMATIVE Labor (41 CFR 60-1 and 60-2), or (b) he'Ohas not previously had contracts subject to the written affirmation action ACTION program requirement of the rules and regulations of the Secretary of Labor. PROGRAM (The above representation need not be submitted in connection with condacts which are exempt from the Equal Opportunity clause). PS Form 7319 B *U.S.G.P.O.: 1982/654-085-1936 July 1981 Page 2 of 3 7. (a) He Ohas, Elhas not, cmploycd or retained any company or pcrson (other than a full-timc bona fi(lc cmploycc working solely for the offeror) to solicit or secure this contract, and (b) he Dhas, Elhas not, paid ut agroed to pay any company or person (other than a full-time bona fide employec working solely for thc offcror) any fce, conunission, percentage or brokerage fee, contingent upon or resulting from the award of this contract. If the offeror responds in CONTIlVGENT the affirmative, he shall furnish, in duplicate, a completed Porm 7319, Caitracror's Sratement of Corttingent or Otlter FEE Fees, and any other information as may be requested by the Contracting Officer. If offeror has previously furnished a completed Porm 7319 to the office issuing this solicitation, he may accompany his uffer with a siencd statemcnt (a) indicating when such completed form was previously furnished, (b) identifying by nutnber the previous solicitation or contract, if any, in connection with which such form was submitted, and (c) representing that the statement in such form is applicable to this offer. (For irtterpretation of the representatiai, including the tenn "6rnra fide en:plovcc," see Postal CattractingManua[, subparagrapl: 1-504.3.) 8. (Applica6le only if (i) the offer exceeds $100,000, or (ii) dze ojler is jor art indernrte quantity and rt iirdicates tJrat CLEAN AIR orders for estimated quantities will exceed $100,000 itt any year, or (iii) a jacility to be used is Irsted on the EPA l,ist & of Violaring Facilities due to a criminal eonviction, or (ir) the contract is riot otherwisc exempt.J WATER The offeror (a) certifies that any facility to be utilized ui the performance of this proposed contract 0 is, Dis not, listed on the Environmental Protection Agcncy l.ist of ['rolariirg Fac(lities as of the date of this offcr, and (b) agrees CERTIFICATION to notify the Contracting Officer promptly if any communication is received from the Gnvironmental Protection Agency prior to contract awazd indicating that any such facility is under consideration for inclusion on the List. 9. (a) By submission of this offer, each offeror certifies, and in the case of a joint offer, each party thcre[o certifies as to his own organization, that in connection with this procurement: (1) The prices of this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to suc}i prices with any other offeror or with any competitor; (2) Unless otherwise required by law, the prices set forth in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror, prior to opening, in the case of a bid, or prior to award, in the case of a proposal, d'uectly or induectly to any other offeror or to any competitor; and (3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition. IIVDEPENDENT (b) Each person signing this offer certifies that: PRICE (1) He is the person in the offeror's organization responsible within that organization for the decision as to DETERMINATION the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above; or (2) (i) He is not the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to xct as agent for, the p'ersons re- sponsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above, and as their agent does hereby so certify; and (ii) he has not partici- pated, and will not participate, in any action contrary to (a) (1) through (a) (3) aUove. (c) This certification is not applicable to a foreign offeror submitting an offer for a contract which requ'ues per- fotmance or delivery outside the United States, its possessions, and Puerto Rico. (d) An offer will not be considcred for award where (a) (1), (a) (3), or (b) aUove, has bcen delcted or modified. Where (a) (2) above has been deleted or modified, the offer will noi be considered Cor award unless the offeror fur- nishes with the offer a signed statement which sets forth in detail the circumstances of the disclosure and the head of procuring activity determines that such disclosure was not made for the purpose of restricting competition. 10. (Applicable to (1) contracts, (2) subcontracts, and (3) agreernents with applicaiits wlro are t/iemselves perfornting federally assisted construction contracts, exceeding $10,000 which are not exempt from tlre provisiot:s of tlie tlre Equal Opportunity clause. An ojfer wil[ not be considered for award wl:ere tiais certifcatioti is applicable aitd it l:as beeli deleted or modified.J By the submission of this offer, the offeror, applicant, or subcontractor certifies that he does not maintain or pro- vide for his employees any segregated facilities at any of his establishinents, and that hc does not pcnnit his employees to perform their services at any location, under his control, where segregatcd facilities are maintaincd. He certifics further that he will not maintain or provide for his employees any Segregated facilities at any of his estaUlishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities aze maintained. The offeror, applicant or subcontractor agrees that a breach of this certification is a violation CERTTFICATTON of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilitics" means OF any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clochs, locker rooms and other storage or dressing azeas, parking lots, drinking fountains, recreation or entertainment areas, transpor- NONSEGREGATED tation, and housing facilities provided for employees which are segregated by erplicit d'uective or are in fact seotegated FACILITTES on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. He further a-rees that (except where he has obtained identical certifications from proposed subcontractors for specific timc periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 , which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in , his files; and that he will forward the following notice to such proposed subcontractors (except wherc ihe proposed subcontractors have submitted identical certifications for specific time periods): Notice to Prospective Subcontractors of Requirement foi A Certification of Nonsegregated Pacilities must be submitted prior to the awazd of a subcontract exceeding Certifications of $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be suUmitted Nonsegtegated Facilities either for each subcontractor or for all subcontracts during a period (i.e., quazterly, semiannually, or annually). PS Form 7319-B (Reverse) ~ Y F Page of ,p,Tes PosTq~ U.S. POSTAL SERVICE 3 3 REPRESENTATIONS AND CERTIFICATIONS 7 uS MA1L m 'M f 1 i ft 4p (Business Data) Name and Address of Offeror (No. and Street, ApL/Suife No., Cify, County, State and ZlP +4) Solicitation or Order No. Vail Town of Vail, , Co. MPO 75 South Frontage Road, Vail, Co. 81657-5096 (303) 476-7000 Date of Offer or Order The U.S. Postal Service is Cooperating With Other Agencies of the Federal Government in the Collecting of Data Concerning Contract Awards. The Offeror is Requested to Check the Appropriate Block(s) Contained on This Form. NOTE: Offers MUST set forth full, accurate and complete informafion as required by this solicitation (including attachments)- The penalty for making false starements in offers is prescribed in 18 U.S.C. 1001. Definitions 1. SMALL BUSINESS CONCERN. A small business 4. LABOR SURPLUS AREA. A geographical area which concern for the purposes of Postal Service procurement is a at the time of award is either a section of concentrated un- concern, including its affiliates, which is independently employment or underemployment, a persistent labor owned and operated, is not dominant in the field of opera- surplus area, or a substantial labor surplus area, as defined tions in which it is submitting an offer, and is of a size in this paragraph. consistent with the standards set forth by SBA in CFR Part 121, or if no standard has been established, then of a size (a) Section of concentrated unemployment or underem- employing not more than 500 employees. (Also see PCM ployment means appropriate sections of States or labor Section 1, Part 7.) areas so classified by the Secretary of Labor. (b) Persistent labor surplus area means an area which is 2. MINORITY BUSINESS ENTERPRISE. A minority classified by the Department of Labor as an area of business enterprise is a concern of which at least 51 percent substantial and persistent labor surplus (also called is owned by, and of which the management and daily Area of Substantialand Persistent Unemployment) and business operations are controlled by, one or more mem- is listed as such by that Department in conjunction bers of a minority group. (For the purpose of rhis defini- with its publication Area Trends in EntpluY»tent and tion, mrnority group members are United States cirizens Unentploy»tent. who are black Americans, Hispanic Americans, Native (c) Substantial labor surplus area means an area which is Americans, Asian-Pacific Americans, or Asian-lndian classified by the Department of Labor as an area of Americans. "Native Americans" means American lndians, substantial labor surplus (also called Area of Substan= Eskimos, Aleuts, or native Hawairans. ";4sian-Pacific tial Unemployment) and which is listed as such by Americans" means those whose origins are in Japan, China, • that Department in conjunction with its publication the Phi/ippines, Vietnam, Korea, Samoa, Guam, the U.S. Area Treitds in LGmploynzent atid Une»tplo}'nteitt. Trust Terrrtories of the Pacrfic /s/ands, the Northern Mariana lslands, Laos, Kampuchea, or Taiwan. "Asian- 5. LABOR SURPLUS AREA CONCERN. A firm which lndian Americans" means those whose origins are in lndia, will perform or cause to be performed a substantial pro- Pakistan, or Bangladesh.J portion of a contract in a labor surpius area.. 3. WOMAN-OWNED BUSINESS. A woman-owned busi- 6. EDUCATIONAL OR OTHER NON-PROFITORGANI- ness is a business which is at least 51 percent owned, con- ZATION. Any corporation, foundation, trust, or other in- trolled, and operated by a woman or women. Controlled is stitution operated for scientific or educationai purposes, defined as excercising the power to make policy decisions. not organized for profit, no part of the net earnings of Operated is defined as actively involved in, the day-to-day which inures to the profits of any private shareholder of management. individual. Check as Many of the Following Blocks as are Applicable to the Entity Submitting This Offer ( ) Check Type of Business ( ) Check Type of Business Labor Surplus Area Woman-Owned Business Small Business Educational or Other Non-Profit Organization Minority Business Enterprise 61 None of the Above Apply to This Entity Company Representative Printed Name and Title Signature and Date Signed PS Form 7319-C, %4ay 1985 ,tU.S.GP0:1987-0181-700155539 REC'D AUG 2 719$7 Western Capital Development Corporation August 25, 1087 Mr. Rondall V. Phillips Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Ron: j I would like to plan on presenting a formal proposal to the City of Vail on the Congress Hall project on Tuesday, September 15, 1987. This date will allow us to study and assimilate relevant data from the ERA report to include in our presentation. We have determined that if this project is to be brought successfully to fruition in the near future, it will require a highly flexible and enlightened approach by all parties. Since KLM Pension Fund would have had obvious constraints of size and bureaucracy, we have asked Rosche Finanz of Freiburg, West Germany to be our financial partners. Rosche is a highly respected investment banking firm that has been placing European investments in U.S. real estate for fifteen years. They are enthusiastic about Vail and have the capability of providing both debt and equity. They have toured all possible sites in Vail and are committed to doing the project, if a workable deal can be concluded. riease confirm if September 15th is an acceptabie date, so 1: can finalize the schedule for all partners. Sincerely, €to ert C. Dcflb Y President RCD/drs 333 South Allison Parkway, Suite 301 Lakewood, Colorado 80226 (303) 985-9898 Telex 822099 4~1 tow75 south irontage road office of the town manager vail, colorado 81657 (303) 476-7000 August 31, 1987 Mr. Robert C. Dolby President Western Capital Development Corporation 333 South Allison Parkway, Suite 301 Lakewood, Colorado 80226 Dear Bob: Your request to present a formal proposal to the Vail Town Council concerning the Congress Hall project on Tuesday, September 15, 1987 is fine. I think at this point that we would plan on that being done at the Council Work Session in the afternoon rather than an Evening Meeting, but I will check with the Town Council and let you know for sure. We look forward to examining the information you will have for the Council. Thank you for your interest. Sincere y, , Rondall V. Phillips Town Manager RUP/bsc cc: Uail Town Council