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HomeMy WebLinkAbout1988-02-02 Support Documentation Town Council Work Session6~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, FEBRUARY 2, 1988 2:00 p.m. AGENDA 1. Interviews for Design Review Board, Planning and Environmental Commission and Local Liquor Licensing Authority 2. Discussion of Vail Valley Consolidated Water District's Surplus Properties 3. Space in Vail Village Inn Phase V to be Transferred to the Town of Vail A. Discussion of Terms of the Transfer B. Request by Vail Valley Foundation to use Uail Village Inn Space for the World Alpine Ski Championships 4. Assignment of Lionshead Popcorn Wagon Lease 5. Discussion of Hertz Lease Agreement with the Town 6. Discussion of a Special Events Banner Program for the Town of Vail 7. Information Update 8. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, FEBRUARY 2, 1988 2:00 p.m. .EXPANDED AGENDA 2:00 1. Interviews for Design Review Board, Planning and Environmental Commission and Local Liquor Licensing Authority Action Requested of Council: Interview applicants for the three Boards. Council will appoint members to the Boards at the Evening Meeting. Background Rationale: Liquor Authority - Interview the 2 applicants who have applied for this position: Colin Gleason, finishing a 2 year term, and Bill Bishop (letters of application and attendance record for Gleason enclosed). PEC - There are 5 openings on the Planning Commission due to the resignation of J.J. Collins and the expiration of the terms of Jim Viele, Diana Donovan, Peggy Osterfoss and Pam ~~ Hopkins. J.J.'s replacement will finish his term which is for one more year. The other four terms will be for two years. At this time, the applicants for these 5 openings are: Diana Donovan, Pam Hopkins, Peggy Osterfo~ss, Jim Viele, Elaine Kelton, Henry Pratt and Grant Riva. DRB - Grant Riva's term on DRB has expired. The replacement term will be for two years. At this time, the applicants for this position are Anne Fitz and Andrew Moe. 2:30 Peter Patten 2. Discussion of Vail Valley Consolidated Water District's .Surplus Properties Action Requested of Council: Decide if there is any Town of Vail interest in these parcels for possible purchase. Background Rationale: The District is interested in selling off two of its properties that they consider surplus. Staff has visited the sites and we see no TOV interest in their purchase (see enclosed memorandum). Staff Recommendation: Do not pursue purchase of these properties. 2:50 Tom Braun 3. Space in Vail Village Inn Phase V to be transferred to the Town of Vail A. Discussion of terms of the transfer. Action Requested of Council: Offer any comments concerning the transfer of this space to the Town. Background Rationale: A condition of approval from the most recent amendment to the UVI SDD provided for the developer to transfer to the Town approximately 4,000 sq. ft. of space. The staff felt it prudent to inform the Council that the transfer is to occur in the near future and what the terms will be. John Garnsey B. Request by Vail Valley Foundation to use VVI Space for Paula Palmateer the World Alpine Ski Championships Action Requested of Council: Approve or deny the request. If the request is approved, discuss terms for use. Background Rati on_a_1_e_: The Vai 1 Val 1 ey Foundation woul d like to use the UVI space as a trade show/display/ information center for the World Championships.. The previous Council had discussed this possibility last year. The Foundation has said they would be willing to finish the space without adding any interior walls. This would include building the stairway from the entryway/ground floor to the main room, painting, carpet and lighting. These improvements would then be donated to the Town and the Ski Museum. As soon as the Championships are over, the Foundation would vacate the space and final finish work could commence for the Ski Museum and they could occupy the space by the early spring, 1989. Staff Recommendation: Approve the use of the space for the Vail Valley Foundation with the conditions listed above. 3:50 4. Assignment of Lionshead Popcorn Wagon Lease Larry Eskwith -- Action Requested of Council: Approve/deny the assignment of the Lionshead Popcorn Wagon lease. Background Rationale: The Lionshead Popcorn Wagon lease may be assigned only with the prior approval of the Town. Current Lessees wish to assign the lease to a new operator. The lease term ends on May 31, 1990. The current Lessees will remain liable on the lease. Background information on the proposed Lessee is enclosed. Staff Recommendation: Approve the assignment. 4:05 5. Discussion of Hertz Lease Agreement with the Town Larry Eskwith Action Requested of Council: Approve/deny the lease agreement. Background Rationale: The Hertz lease at the Transportation Center is up for renewal. The term is for one year. 4:20 6. Discussion of a Special Events Banner Program for the Town Kristan Pritz of Vail Pete Burnett Ceil Folz Action Requested of Council: Determine if the staff should proceed with a special events banner program for the Town. Background Rationale: The question of whether or not the Town of Vail should have a system for special events banners has been raised by Council and community members. In addition, the Vail Valley Foundation also expressed a desire to work with the Town on a banner program for the World Alpine Championships. Staff has completed some preliminary research on the banner program in response to these comments. 4:40 7. Information Update 4:45 8. Other -2- ti =~ T0: Ron Phillips ~:~;, ''~' FROM: Community Development .;. :; DATE: February 2, 1988 RE: Interviews and appointments of Planning Commission and Design Review Board members Today, the terms of four Planning Commission members. and one Design Review Board Member expire. These are two year terms. In addition, J.J. Collins has moved from Vail, leaving his seat on the Planning Commission open. J.J.'s term expires in one year. We have publicized these openings, and to date, the following people have applied for the positions. They will be present at 2:00 PM at the Council work session to be interviewed. Attached are letters from the applicants. * Indicates incumbent. PLANNING COMMISSION (4 openings for 2-year terms, 1 opening for 1 year) * Diana Donovan * Pam Hopkins Elaine Kelton * Peggy Osterfoss Henry Pratt Grant Riva * Jim Viele DESIGN REVIEW BOARD (1 opening for a 2-year term) Richard Carnes Anne Fitz Andrew Moe ,;< ~; ~Jarlu.?.r• ~- ~--_ y ._ •_ G I_ f. j'' .. I.i I,~ ~ ~ .. . . S E rl Ivl ~ ~' I rl ~! N rl I, i {_ . i ~; rl (1 f ! '= _~ 1 I_I I 1 " r .y.ry IJ T I I~f l:' ~ ~ ': ~ ~ r~} 1= h; 7: ~ .3. r1 ~-. - ~^I ;'; ° •- i,. i._i ~. f? ~ i (i ; ..% ! ~. _ ~ i = ~I I ~I ~ "k' !::~ r t~! %: ~J t' "~ S ~I ' _ - - ~~ i ~ ~.J r I.: I ~ .. µ' '_ ~ l ~i ~;'. ~ r ~ ~ ~ .. I _. ~ J 1 ~ ,~ 1'" _. i . x i j .N, r+, !.' rr~ `- ~el~i ~; _I{. ~._.~~'.. _.. ::~. the ~.:t.i~ ,;._ `. =: 11 _~.(1 _~= I_, fT.; GN~t tcl be i nf~lrmel~, _ i y rl .~ =_I;* ~ t: ~-''.' i .~~~ _ , . . , . _ _ -lift i . _ , T h ~. rl r:: ': I,I IJ f Q r' , ' I,I IJ L CI rl ' I d ~ ('' 3. t i I.1I- ~'irll-~r'~~• , n . Junuary 27, 1988 Mr. Peter Patten, Community Development Department, Town of Vail, Vail, CO 81657 Dear Peter, Please accept this letter as my application for a position on the Planning and F~vironmental Commission. I realize now that it has taken me over one year to really understand the planning problems and opportunities facing the town. This is because it takes knowledge of many projects to understand the recent history of the town and the direction in which it is moving. I feel I am now able to see beyond the particulars of each case to the underlying problems and opportunities. I feel more qualif ied now than before, and I believe that I could contribute. I would appreciate the opportunity to contin ue serving on the commission. Thankyou, `~'L Pamela W. Hopkins 201 Gore Creek Drive, Vail, CO 81657 The Town Council 75 So. Frontage Road RECD JAN 2 ~ 1~8g Vail, Colorado 81657 January 25, 1988 Dear Mayor and Council, Please accept my application for a position on the Planning and Environmental Commission. I have lived in Vail since 1964, during which time we built and operated the Rams-Horn Lodge, raised and educated 3 daughters. Briefly, I have been involved with: 1965-66: Chairman Vail Heart Fund Drive for Eagle County. 1967-78: Organized and ran a Montessouri Pre-School, held in the Rams-Horn Lodge. 1970: One of the Orgainzers and Directors of the Friends of the School, the 1st P.T.A. in the Vail Valley. 1974-84: Involved with the formation of the Vail Institute, working on the Board for 11 years in various positions including Vice-President and President. 1979-88: Owned and operated the Toymaker's Trail. 1987-88: Member and Fund Raiser for the Vail Mountain School Foundation Board. I'm interested in this position because of a vested concern in the current and future development of Vail. We are again at a turning point, the numbers of hotel rooms are declining, but we need to upgrade to remain market competitive. The "Quality" of the Vail Experience tomorrow will be greatly impacted by how we grow---will we have a center, a Village Focal paint, the place to go as Bridge Street used to be?--- Many thanks for your consideration. Sincerely, ~ ~~ ~., Elaine W. Kelton EWK/meb ,, ,,. ~ ~~ ~,~ January 26, 1988 :~ . Eric. Affeldt Merv Lapin Gordon Pierce Kent Rose John Slevin John Steinberg Gail Warlich-Lowenthal Town of Vail Council Vail, CO Dear Town Council Members, It has been an honor, as well as a great responsibility, to serve as a member of the PEC for the last two years. During that time both the Vail Village Master Plan and the Land Use Plan have been approved and have already had implications for significant redevelopment in the Vail Village area. The future will hold more of the same including the Golden Peak House redevelopment, Golden Peak Children's Center, Ford Park, Visitors' Center, Eagle County Recreation Plan, 1989 World Championships, and Vail Cemetery, to name a few projects that are in various stages of the planning process at this time. In addition to the numerous private and public planning issues, the Town Council faces the difficult decision of prioritizing which public projects will be undertaken. Community input is a crucial part of this process. It is my opinion that as a PEC member it is important not only to be informed and to make decisions about specific planning issues, but to participate to as large an extent as possible in community wide matters both on committees, (I am a member of the Cemetery Committee), and as a member of the public. I would like to be reappointed to the PEC. I can continue to give the time to PEC and related community meetings. I feel that my experience as a small retail business owner in Vail has added an additional point of view to a PEC whose members have represented a good variety of perspectives. I think that my ability to contribute has substantially increased as my knowledge of how the process works, as well as background on specific projects, has grown. Thank you for the opportunity I have had to work with the capable and hardworking Community Development Staff as well as the Town Council, and concerned community members. If reappointed, it will be my pleasure to continue to learn and to give priority to making a contribution to our community. Sincerely, 7~~~-~--~~~ PeggC~Z~terfoss U ~. Henry R. Pratt 3941 Bighorn Rd. unit 4-H Vail, CO 81657 phone # 476-1531 January 7, 1988 Members of the Vail Town Council: I would like to apply for a seat on the Vail Planning Commission. I have been a resident of the town for 8 years and therefore meet all requirements for the position. I am a Colorado registered Architect, member of the American Institute of Architects, and have worked on most of Vail's larger projects of the past 8 years. I feel that I can put this experience to use for the town's benefit by serving on the Planning Commission. Background information; I graduated with honors from Princeton University, received my Masters in Architecture from the University of Virginia; I am 33 years old; single; I am self-employed. Sincerely, Henry R. Pratt AIA >.k-- ROCKY MOUNTAIN REPROGRAPHICS 2111 NORTN FRONTAGE ROAD WEST " -::~' ~' VAIL. COLORADO s1657 } ~~ `' " ~)sa s ~ -: (303) 476-7579 ~~ ~, =:~f January 11,..1.988 ~~.,, ~ . ~~ ;, "~ ~ TO s TOWN OF VAIL . ~e,,,FROM: GRANT RIVA ~R~REs APPLICATION FOR PLANNING COMMISSION ,~ ~..Y-n..- ,., iX, .., ~DF.AR SIRS:: ~.. . . r ,.~ 'k~ - - ~~,~. Pleasesaccept this letter as my application for a position on the Town of Vail Planning Commission. As my two year term on the Design. Review ~,'~Bo'ard'ends'Februaxy 1.,.:1988, I wish to be considered for the Planning Commis- ,,~ son at this. time. k ,r~•~r~~ I believe that my involvement with the DRB has shown that I am able 'and;iailling to take the time necessary to properly represent the Town as,a ~~~voluntary board member. I also believe that I have properly upheld the guide- ~'~;.'".,lines and ordinances setforth by the.Town, though doing so has not always sn opular with, applicants or segments of the general public. ~,~<,~--=Based on my :legal: background and practical experience on both sides of-the°table at administrative hearings,`I believe that the Planning Commis- r~~on;,;,offers an ideal opportunity for me to further serve-the community. The - areas of planning and development are of particular interest to me as an attorney, citizen, and local businesa•owner. ~`'~~'~"~'" "' I have en3oyed .being .involved with the Town as a DRB member and sin- ~~ ., ~-: . ` " :cerely hope to be able to continue to serve as a member of the Planning Commis- ..._ lion:-Thank you for your consideration. `'~ ;~:"~ , ~.. Sincerely, ;.; ' . . ~~~... rr ° ~,, - ';~~~~;- GRANT RIVA °r~~ , r~=~ ; ~. ~, ~~: ~~- ~ n. ~. ~.~ 4 _: BACKGROIIND r _ n ~s ;;~~, y '_IDUCATIONs ~.,<-~,, ~.t~. Political Science, Washington State IIniversity 1980 ~~ F ..fF. ~~ ~ Juris Doctorate, IIniversity of Puget Sound School of Law 1983 „~ .: .': iBERs ,~--- "~ Washington State Bar .Association 1984 ,OCCUPATION: r;,,:-,, Attorneys with Kessler, Birnbaum, and Johnson; Tacoma, WA 1984-85 `~'"° Owner, Rocky Mountain Reprographics; Vail, C0 1985-Present ~;, DUDDY-NIECE CONSTRUCTION, INC. January 26, 1988 Vail Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Ladies and Gentlemen: By way of this letter I wish to be considered as an applicant to serve another term on the Vail Planning and Environmental Commission. Si erely, James L. Viele JLV/di General Contractors, Engineers 1000 South Frontage Road West, Suite 202 Vail, Colorado 81657 (303) 476-3082 January 28, 1988 To the Vail Town Council: Please consider myself an applicant for a position on the Town of Vail Planning Commission and Design Review Board . My wife and I are in our third year as members of this community, and over that period of time we have paid a great deal of attention to how this town is managed. We agree with most everything that is done ar proposed, but like most concerned citizens, there have been a few disagreements. My reasons for wanting to be on this Board are simple; I care about seeing thoroughly planned and controlled growth in this community, I own a business that I intend to see grow steadily, and last year we started a family that I intend to see raised in what I consider to be one the top family-orinented communitys in the country. I do not wish to come off sounding like an ideal advertisement for Vail, but I sincerely want to do my share of volunteer work for the town, and I feel that this Board is an opportunity to do just that. Sinc r y, ~ ~---. Richard N. Carnes Box 3489 Vail, Co 81658 476-4633 (H) 476-1715 (W) Core Range ~j Better Properties, Inc. ~ ~ /'1 Homeso VAIL 21 BUILDING: 51 I Lionshead Mall, Vail, CO 81657 Telephone (303) 476-2482 January 19, 1988 Vail Design Review Board Attn: Community Development Dept. 75 S. Frontage Rd. Vail, CO 81657 Dear To Whom It May Concern: This letter is to express my desire to become a member of the Vail Design Review Board. I presently own a condominium at 2773 Kinnickinnick, Columbine North and have been a resident of the Vail area for eleven years. In 1978-79 I acted as Mr. Chuck Rosenquist's and Mr. Dick Brown's liaison in representing their interests within the LionsHead Merchants Association. Additionally, I was a committee member responsible for ensuring that our citizens were educated regarding the issue of the LionsHead parking structure when it was a voters referendum. I believe participating in the design review process would be a satisfying way to serve my community. I must admit, however, that I am curious as to how the board actually operates and believe this will be enlightening as well. I would appreciate being considered for one of the openings. Cord'"lly, GOR RAN E PROPERTIES, INC./ BE ER H~MES ,.b1ND GARDENS Anne 1tz Sales ~ssociate AF/tl ® MlS R(A110R QU 25 January 1988 Andrew C. Moe ?._019 Char~onix Lane Vail, Colo. 81657 303 4762937 Community Development Department Town of Vail 75 South Frontage Road Vail, Colorado 81657 APPLICATIOr; TO SERVE ON `1'IIE DESIGPI R7?VI7:'~! BOARD. I am a registered voter in the To~~~n of Vail and have been a resident of Eagle County since 1 April 1981. For nearly two years (1981 - 1982) I was employed by Vail Associates as Senior Construction Manager and Design Review Board member during the initial development of Beaver Creek. Subsequently, for approximately one year, I acted as the Building; Superintendent of Village Ball during the period of acceptance from I'CL, the construction contractor, and during certification for occupancy. As noted on the brief resume that follows; I have managed the constr~zcion, implementation and acceptance of projects in Europe, Asia, Plorth Africa and South America. I believe that my considerable depth of experience in the various fields of construction could be an asset to the further development of the Town of Vail. 2. Executive and Project Mana~er for I.T.T. Corporation, Europe, Asia and North ~ Apr. 9 3 - 1 Feb. 1981. a. 1 Mar. 80 - 1 Feb. 1981 Construction Manager, ITT/DAEWOD Engrd. Prod. Ltd. Kobe Do, Kwang Nam, South Korea. On a point venture project, responsible to Director ITT Grinnell Industrial Piping, Inc. for the construction, implementation and placing in operation, of two pipe fabrication plants: One fully equipped Shipboard Piping Plant, 10,500 Sq. Meters (113,022 Sq. Ft.) for fabrication of pipe sections for the Okpo Shipyard. One fully equipped Power Piping Plant of 5,197.5 Sq. Meters for the fabrication of highly specialized piping sections for the next four Korean atomic energy plants. Included in the complex are: a three story office building, power sub station, x-ray room, stress furnace, compressor room, and storage and distribution of oxygen, argon, propane, fuel oil, acetylene, water, etc: specialized welding equipment for submerged arc welding of stainless and high carbon steel pipe up to 48" in diameter with 7" wall thickness. In charge of 5 American welders training Koreans. Personal Employment History Statement Andrew C. Moe Page 2. . b. Jan. 79 - Mar. 80 ITT Regelungstechnik, Essen, West Germany Director Export Projects and Program Management. Provided direction for the control of proposing, bidding, negotiating and execution of export projects such as: Changi International Airport, Singapore; Intercontinental Hotel, Abu Dhabi, Bank of Philippines, Manila, etc. Organized this new department and developed procedures for all phases of export projects which employed a computer controlled Supervisory Data Center for monitoring and controlling of.HVAC, Security . Fire Protection, etc. c. Feb. 77 - Jan 79 ITT Nigeria - Director Program Management and Facilities Implementation. Established Outside Line Plant Operations in Enugu. This included setting up outside line plant operations in 41 cities in Anambra, Imo, Rivers, Cross Rivers, and Benue States. Directed the establishment of a consolidated and coordinated. reporting system for the eight ITT System Houses working on Nigerian Projects. As Facilities Manager for ITT Nigeria, was responsible for the supervision of the installation and commissioning of the prime power generating, central airconditioning and grounding systems for the ITT Pentaconta telecommuni- cations installations throughout the 6 communication zones in Nigeria; utilizing mainly indigenous personnel. d. Nov. 75 - Feb. 77 ITT World Headquarters - Field Manager, Saudi Arabia. In-country project manager making on-site surveys of 114 locations and collecting information and data for the development of a proposal for an ITT Metaconta Computer Controlled Telecommunications Network. e. Apr. 73 - Nov. 75 ITT Europe - Manager, Program Management. As Program Manager for.ITT, La Material Telephonique, Paris, supervised the installation and acceptance testing of automatic, computer controlled Metaconta Telephone Centrals in Las. Vegas, Nevada and Gudalajara, Mexico. Provided management leadership and direction for Metaconta and Pentaconta telecommunication systems to project managers of the various ITTE houses in France, Italy, Spain, Greece, U.S.A., and Mexico. 3. Executive Engineer for Raytheon Corporation, Jul. 68 - Apr. 73. Manager, Field Operations in Brazil. Feasibility study and survey under contract from the Brazilian Air Force for an Integrated Air Traffic Control and Air Defense System. Field Implementation Manager on the Over-The-Horizon Forward Scatter Radar System for the U.S. Air Force in Cyprus, Brindisi, Aviano, Rothwesten, and Feltwell. .Personal Employment History Statement Andrew C. Moe Page 3. 4. ITT Federal Electric Corporation, Nov. 57 - Jul. 68. Following Summary: .Operations Manager, Europe, for all European Military communications projects for FEC with USAF, U.S. Navy and Stratcom, U.S. Army. This included projects in Germany, Scotland, Greece, Turkey and Berlin. 9/67 - 7/68. Operations Manager, U.S. Army, Stratcom Microwave and Tropo Scatter Project in Germany, England, France. 3/67 - 9/67. Operations Manager, USAF Fast Race Project; Microwave and Tropospheric Scatter Overbuild in England, Germany, Netherlands and Belgium. 10/66 - 3/67. Project Manager FEC on U.S. Navy Atlantic Undersea Test and Evaluation Center. Responsible for construction, installation, checkout and maintenance of the undersea weapons test range instrumentation system in the "Tongue of the Ocean" off Andros Island, Bahamas. 2/66 - 10/66. Managing Representative of FEC Far East Subsidiary, Project Manager for USAF Far East Tropospheric Communications System, 18 Stations, in Japan, Korea and Okinawa. Managed project employing and training 180 local Japanese and Korean technicians and engineers. 12/65 - 2/66. Operations Manager, European Tropospheric Project on U.S. Army Strategic Communications Contract. Responsible for construction, installation, test support, maintenance and operation of 38 Stations in England, France, Belgium, Netherlands, Germany and Italy. 1/62 - 12/65. Project Manager, GATR SAGE, Interceptor. Director Project on U.S. Air Force contract. Responsible fo,r construction, installation and checkout of 34 Time Division Data Link and~Automatic Ground Environmental Systems at remote Air Control and Warning sites around the perimeter of the U.S. 7/60 - 1/62. Field Implementation Manager, Eglin Gulf Missile Test Range. Responsible for installation, test and acceptance of completely instrumented and integrated optical tracking, radar tracking, telemetry, communications and real time plotting of sophisticated Bomarc Missile Test Range in the Gulf of Mexico. 7/58 - 7/60. Senior Engineer in Operations Department on Distant Early Warning Project in the Arctic Region of Canada and Alaska. 11/57 - 7/58. t\ ~ ~ ____..__~ y / -_ ... ~f/? _-2 ~~'Z. Qc ~ ~~~aw~. ~ ~~`S% WILLIAM F. BISHOP ~`'""' 22, 1`1S$ U~ ~v-~...,, . ~' .~ ~ ~ ~~ ~ .~ ~~-~~ ~~ ~~ '~zs`~~ vim. ~-... ~ ~,.~ ~~,_...,.,. ~ v ~:-Q ~A~.., +i "~ x ~ }, ~~`' h`rg'~ k~ 3 r ~r Ys r'`r, ~~°~ ~ ~" ~, --. ti. ~, ~;:.il~ fi~*. ~"` "~' "' ~ u~ w " '" s1v s A ~3 ~ <~ ~ .~ tr} ~ -4 - x 7 3~~f ~' * ~~ ~ •~ '1'f{t, k "w ~ ~ 1~ _ ~~ ~ '~ ~r_ .. ti ~. r yv~i' ~~, F~~ ~ 't ~.r a w 3 ~- - L J~.v.7.4' y! 'Lh~r~ .. ~ _r 2.rc1 !' a v~ ~ ~l ~ "y ~~ ~ r ~,..*F 7~ ~ ttiVt~'.~ 3k r t t -k :_ t - ~ y _ .., .. i ~ _~ .. - .~,-~ ' tom, . + _ .. -_ _. ., c ~__! 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His attendance record is as follows: PRESENT ABSENT February-December, 1986 12 1 January-December, 1987 10 2 January, 1988 2 0 4 as TO: Ron Phillips ~ FROM : Peter Patter~~~'U V DATE: October 2, 1987 SUBJECT: Vail Valley Consolidated Water District's Surplus Properties The attached letter from Dave Mott which the District is intending to be prudent to allow the Council to any potential public use. Kristan and cannot think of any reason tha~ either parcel for public purposes. in a portion of the Village parcel golf course. identifies two properties dispose. We felt it would review these properties for and I have visited the sites t we would want to obtain The VMRD may be interested to locate restrooms for the Please schedule this for an appropriate Council work session, and I will inform Dave. f UPPER EAGLE VALLEY WATER AND SANITATION DISTRICTS 846 FOREST ROAD . VAIL. COLORADO 81657 (303) 4767480 September 18, 1987 Peter Patton Director of r~mmunity Development Town of Vail 75 South FY~ontage Road West Vail, Colorado 81657 RE: Site Inspection Vail Valley Consolidated Water District Surplus Properties Dear Peter: Please be advised the Vail Valley Consolidated Water District has determined that the below listed properties are surplus to their needs and intends to dispose of them at fair nu~,rket value (plat maps are attached): Gore Creek Water Treatment Plant. Tract C, Vail Village, 7th Filing Lionsridge.Water Treatment Plant. Block D, Lionsridge Subdivision Before undertaking a formal zone change prc,:aeding I would like your feedback as to what public uses might be planned for these properties and whether the public sector would be interested in their acquisition. I will appreciate your input. Sincerely, UPP ~LE VALLEY CONSOLIDATID SANITA'T'ION DISTRICT • ' % f ~ ~ ? G David E. Mott General Manager DEM:das TOV Enclosures xc: Bob Ruder PARTICIPATING DISTRICTS - ARROWHEAD METRO WATER ~ AVON METRO WATER ~ E3EAVER CREEK METRO WATERS BERRY CREEK METRO WATER CLEAN EAGLE~VAIL METRO WATER ~ EUWAROS METRO WATER ~ LAKE CREEK MEADOWS WATER ~ UPPER EAGLE VALLEY CONSOLIDATED SANITATION VAIL VALLEY CONSOLIUAiEU WATER ~ VAIL WATER ANU SANITATION s •\ ,~, `\ . 1 9, G \ ~~ ~ \ 9 ' O / ~ v0 ' / ~ \ / \ \~\\ •\ / / ~ /~ _ / \` / W ~~ l7...r ~~ F ~ F, F F t' T 1 ~. T T 719 164.02 ~. : N . ~ Adjoining 2101- 06 ~ Y q / 0 O. f• O 0 0 ~ e/ 0 s1j ~ 1• d O + o~ - / :~ ~ P 9~~'f • r ~~ q°/ ~ O W ! 9T V ~J ~M1 /. 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Tnwn n/ Voil Yn {~ , ~ `:1 / 1 :6l°42 ~iL~ ~• ~_ ~ °' 11./ o.ie i7 C5 _ N 53.8 j1,/~ Concre/s ~ \ °56.~~•~ /~% ~ 9~ Pod ~, .-'~~ /83 / ~~,,4 36 j/ ~ - ~ I'p5, 9 Ir, w ~'` 6 a5 • i.tJ~ ~~ Z •.~ ,o Tre°1mMl P~°n1 U WoJer 9~dq. o S1°nl ~°nC B/O[k - !'ne TRACT C Yq/L Iiq~~E-Y ;' ~'~' PR~POSev NCEA /~ ,t OR/l~~c- /SOS o~ > ~ 1 1 ~ ' I 7?°Q5 ~16~ /~ // / / PROPOSED // / 1 / / ~. / ~ fA5£MENTS j ~1~ \ / o - , ;_Ci l ~/ . r. r. ~....., L.... ~.~ ~.. , I ~ _VA~ TO: Ron Phillips FROM: Community Development DATE: January 29, 1988 RE: Transfer of space in WI Phase IV to the Town of Vail As you may recall, the most recent amendment to SDD.#4 (Vail Village Inn) required the transfer of approximately 4,000 square feet of space in the Phase V building to the Town of Vail. This condition of approval allows for the possibility of relocating the Ski Museum in this space. This in turn would allow for the removal of the old Mountain Bell building which houses the Ski Museum and the subsequent development of a small pocket park as called out for in the original SDD #4 development plan. The developers have submitted a condominium map to the Town for our approval. It is Larry's recommendation that we receive a contract for sale and purchase for the transfer of this space prior to approving the plat. There are a number of issues that should be discussed with the Council prior to formulating this contract to transfer this space to the Town. ISSUES BEFORE THE COUNCIL While the staff maintains that a contract for this transfer should be established before we approve the condominium plat, the contract itself can establish when the deed for this space is actually transferred to the Town. The developers have indicated a desire to complete this transfer as quickly as possible. The Council should determine a mutually agreed upon date for this transfer. The actual condition of approval as per Town ordinance, states that: "The developers and/or owners of Phase IV agree to transfer by general warranty deed to the Town of Vail free and clear of all liens and encumbrances such condominium unit of approximately 3986 square feet in size and to be located as indicated on the plans and specifications submitted with this application. There shall be no provisions placed on the condominium unit restricting the Town's use of the unit, or the subsequent subdivision and/ or sale of the unit." The developers have requested two restrictions be placed on this unit. These are requested to ensure the quiet enjoyment of the residential units in the building, and similar restrictions are placed on existing lease holders of commercial space in this structure. They include a restriction preventing a teen center or similar use in the space, as well as a 10:00 PM closing time. The space to be transferred to the Town includes approximately 400 square feet on street level and 3,535 square feet in the basement of the building. At the present time, there is not a staircase directly linking these two levels of the building. While it was our expectation that the two levels would be connected by a staircase, the developer has exceeded expectations in other areas relative to finishing this space. The understanding between parties was for the developer to turn over what was essentially referred to as a "shell." At this time, the space has been sheetrocked and a dropped ceiling has been installed. The developer has requested what is essentially a trade-off: forego the stairs for the sheetrock and dropped ceiling. Discussions with the Town's Building Department indicate that this is an equitable trade-off. The condo fees for February through December are estimated at approximately $6,500. This figure represents 17$ of the space in the building. Acceptance of this space will entail this expense. 1 ~. _ ~ J WAGON ON THE MALL LEASE AGREEMENT LEASE AGREEMENT made and entered into this ~a ~ day of , 19$f3~ by and between the TOWN OF VAIL, a municipal home rule corporation, 75 South Frontage Road, Vail, Colorado 81657, hereinafter called "Lessor", and WAGON ON THE MALL, a Colorado partnership, at P. 0. Box 190, Vail, Colorado 81658, hereinafter called "Lessee": WITNESSETH: That the Lessor, for and in consideration of the rent and covenants and agreements hereinafter set forth, and by the Lessee to be kept and performed, hereby leases, demises and lets unto the Lessee the right to use and occupy the real. property described below for the purposes of the placement and operation of a popcorn wagon operation on said property owned by the Lessor situate in the Town of Vail, County of Eagle, and State of Colorado, hereinafter referred to as the "Premises" and more particularly described as follows, to wit: As set forth on the attached Exhibit A, incorporu~ed herein by reference as if set forth in its entirety. Said Lessee to have and to hold the above mentioned premises, and all appurtenances thereto, for an initial term of three (3) years commencing on the 1st day of June, 1987, and expiring on the 31st day of May, 1990, unless sooner forfeited, terminated, as thereinafter provided. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The Lease between Lessor and Lessee dated March 1, 1985 is hereby terminated as of May 31, 1987. 2. Lessee shall use the leased premises solely for the placement and operation of a popcorn wagon and for no other purpose. The popcorn wagon to be placed on the leased premises shall be approved by the Town of Vail prior to such placement and any replacement wagon which the Lessee may wish to place on the premises during the term of this lease shall also be approved in advance of such placement by the Town of Vail. Lessee shall use the popcorn wagon solely for the purpose of the retail sale of snack foods such as popcorn and hot dogs and nonalcoholic beverages as set forth in the menu attached as Exhibit B. Rd ~ •t .. 1 3. As rent for the demised premises, Lessee agrees to pay unto Lessor at the address designated herein, or such other address as may be designated from time to time, the following sums, to wit: A. Lessee shall pay Lessor as minimum rent for the premises for the full term, the sum of ten thousand eight hundred dollars ($10,800), plus all additional sums as set forth in paragraphs B. through F. B. Said rent shall be payable in equal quarterly installments of nine hundred dollars ($900), the first quarterly installment due and payable on the first day of June, 1987; and each subsequent quarterly installment thereafter shall be payable on the first day of each succeeding month thereafter until the end of the first year term. Thereafter, commencing June 1, 1988 an adjustment shall be made to the fixed rent in the form of an adjusted percentage, based on the "Consumer Price Index", as set forth on the attached Exhibit A, and as published by the Bureau of Labor Statistics, Mountain Plains Region, using the "A11 Items" classification in the "Denver" column,-_specifically the percent change from one year ago. This percentage change is to be made on the December figure in the preceding year. This procedure is to be followed each succeeding year until the end of the term of this Lease Agreement. C. Lessee further agrees to pay the property taxes upon the demised premises and any increase above those taxes assessed on said premises, if applicable. D. Lessee shall pay, at its sole cost and expense and not at any cost or expense to Lessor, during the entire term herein created and any extensions thereof, in addition to the rental above provided for, all taxes, licenses, assessments, and levies of every kind and character, whether general, special, ordinary, or extraordinary, which may be taxed, charged, assessed, levied, increased, or imposed upon or against the premises, the leasehold estate hereby created, or upon any building or improvements thereon or additions thereto or which may arise out of the use and operation of the premises, as well as all expenses of repairing, maintaining, and operating the premises, and all insurance premiums on insurance maintained or to be maintained relating to the premises. All such taxes, licenses, assessments, levies, expenses, premiums, and charges are herein referred to as "Impositions". Lessee shall pay Lessor the sum of one thousand four hundred dollars ($1,400,) per year for utilities in equal quarterly installments of three hundred fifty dollars ($350) commencing June 1, 1987. ~~ .. _2_ E. Lessee shall also pay, from time to time as provided in this lease, without notice or demand, as additional rent ("Additional Rent") all other amounts, liabilities, and obligations which Lessee herein assumes or agrees to pay. In the event of any failure on the part of Lessee to pay any Additional Rent, Lessor shall have the rights, powers, and remedies provided for in this lease. F. It is intended that the annual fixed rent, as adjusted, provided for in this lease shall be an absolutely net return to Lessor, and except as otherwise expressly provided herein shall be paid to Lessor without setoff, counterclaim, abatement, or deduction. Accordingly, all costs, charges, expenses, and obligations relating to the premises and any buildings, equipment, or improvements on the premises, including maintenance, repairs, costs of replacement, renovation, remodeling, razing, removal, or alteration of buildings, equipment, or improvements, insurance, taxes assessments, and all other costs, charges, expenses, and obligations of any kind now or at any time imposed upon or related to the premises or buildings, equipment, or improvements on the premises, shall, during the term hereof, be paid for by Lessee unless otherwise herein expressly so provided. 4. Lessee shall not, without prior written consent of the Town, construct additional improvements on the lased premises other than ordinary repair on the existing popcorn wagon and the storage facilities already in place. In the event that additional improvements are constructed, with the Town's consent, Lessee agrees to pay promptly, when due, any and all legitimate charges for such construction, and to hold the Town harmless from any and all liability, including court costs and attorneys fees, arising out of any claims, demands, liens, or encumbrances of any kind or nature whatsoever which are related to such additional construction. 5. A. Lessee may install, maintain, replace and remove during the term of this lease agreement such equipment and facilities as it may require for use of or in connection with its operations hereunder on said premises. Lessee shall pay in full for all labor performed upon and material furnished to said premises, at the instance or request of the Lessee, and shall keep the whole thereof free and clear from any and all liens whatsoever including but not limited to liens of mechanics or materialmen. Lessee shall post, and keep posted, upon said premises notice to the effect that the same are leased and that the Lessors shall not, nor will the said premises be liable for any labor performed upon or materials furnished to said premises at the instance or request of the Lessee. Any and all permanent structures placed upon the demised premises by the Lessee will and shall become the property of Lessor at the termination or expiration of the leasehold hereunder. ~a -3- B. Lessor shall have no duty of maintenance or repair with respect to the premises and buildings, equipment or improvements thereon. During the term of this lease, at its cost and expense, Lessee shall keep and maintain the premises and all buildings, equipment, and improvements thereon in good order, condition, and repair, and make any and all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and. foreseen and unforeseen. At the expiration or termination of this lease, Lessee shall surrender the premises free from all improvements, fixture, buildings and equipment etcetera, removed from the premises; and the premises shall be left broomclean and in good condition. C. Lessee shall take good care of the premises and any buildings or improvements thereon and keep the same free from waste at all times and in a clean and orderly condition. Lessee shall keep the premises and any building or improvements thereon, and sidewalks, serviceways, and loading areas adjacent to the premises or any buildings or improvements thereon, neat, clean and free from snow, ice, dirt, and rubbish at all times, and shall store all trash and garbage within or off-site of the premises, arranging for the regular pickup of such trash and garbage at Lessee's expense. D. Lessee shall, at Lessee's own cost and expense, comply with all present and future laws, rules, requirements, orders, directions, ordinances, and regulations of the United States of America or of the State, county, and city government or of any other municipal, governmental, or lawful authority whatsoever, whether such requirements may relate (a) to structural or other alterations, changes, additions, or improvements relating to the premises or any buildings or improvements thereon; or (b) to repairs, inside or outside, extraordinary or ordinary, relating to the premises of any buildings or improvements thereon may be used or occupied; or (c) to any other matter affecting the premises, whether like or unlike the foregoing, and Lessee shall indemnify, defend, and save harmless Lessor from and against any and all liabilities and penalties, including attorneys fees incurred by reason of any violation of this Section. E. Lessee shall operate its business in an efficient, businesslike and respectable manner, maintaining the demised premises with a full staff of employees and a full stock of merchandise of the quality, kind and type which the Lessee usually sells. 6. A. Unless otherwise specifically provided in this lease, this lease shall not terminate by reason of the destruction or damage, in whole or in part, of the improvements or by reason of the untenantability of the improvements, and the rent ~~ -4- reserved in this lease, as well as all other charges payable hereunder, shall be paid by Lessee in accordance with the terms, abatement, diminution, or reduction. B. Lessee shall, for itself and for the protection of Lessor, throughout the term of this lease and any extension hereof, carry, at Lessee's sole cost and expense, general liability insurance against all claims for personal injury, death, or property damage occurring upon, in, or about the entire premises, buildings, and improvements presently situate or hereafter erected thereon and in or about the sidewalks, parking lots, or other property owned or controlled by Lessor or Lessee, and with respect to which Lessee or Lessor have a legal duty, and with respect to all claims, demands, or actions arising out of or in connection with Lessee's use or occupancy of the premises, buildings, or improvements presently situate or hereafter erected thereon, naming Lessee and Lessor as coinsurers with minimum limits of liability of five hundred thousand dollars ($500,000) to cover personal injury or bodily injury to any one person, one million dollars ($1,000,000) in respect to any one accident or disaster. If higher policy limits or coverage of risks not heretofore insured against shall at any time during the term of this lease become customary and reasonable for premises or buildings and improvements of similar type, size, and location, to protect against possible tort liability, Lessor reserves the right to require Lessee to increase the amount of such insurance or carry additional insurance. C. Lessee shall provide and keep in force, for the protection of Lessor, Workman's Compensation Insurance coverage as may be required by the statutes of the State of Colorado or any applicable federal or municipal laws or regulation in effect at any time during the term of this lease. D. Each policy of insurance required under this Article shall provide: (a) (unless it is not customary in the industry to so provide) that no act or mission of Lessee shall result in a forfeiture of such insurance, and (b) a waiver of subrogation. If any or all of such agreements cannot be obtained with respect to any policy, Lessee shall notify Lessor to such effect, and Lessee shall accept any insurer of recognized responsibilities named by Lessor which will consent to include such agreements in a like policy, provided that the inclusion thereof does not require Lessee to pay any additional premium. 7. Upon the happening of any one or more of the following events, Lessor may give notice to Lessee stating that the term of this lease shall expire on a date (not less than five (5) nor more than ten (10) days after the giving of such _5_ ~~ notice), and, if such notice shall be given, the term of this lease shall expire on the date so stated, by limitation of time: A. The making by Lessee of an assignment for the benefit of its creditors. B. The levying of a writ of execution or attachment on or against the property of Lessee and the same is on or against the property of Lessee and the same is not released or discharged within forty five (45) days thereafter. C. The instituting of proceedings in a court of competent jurisdiction for the involuntary reorganization, liquidation or dissolution of Lessee, or its adjudication as a bankrupt or insolvent, or for the appointment of a receiver of the property of Lessee, and said proceedings are not dismissed, or any receiver, trustee or liquidator appointed therein is not discharged within sixty (60) days after the institution of said proceedings. D. The instituting of proceedings for the voluntary reorganization, bankruptcy, liquidation or dissolution of Lessee or if Lessee shall otherwise take advantage of any state or federal bankruptcy or insolvency act. E. The doing or permitting to be done by Lessee, of any act which creates a mechanic's lien or claim therefor against the land or building of which the leased premises are a part and the same is not released or otherwise provided for by indemnification satisfactory to Lessor within thirty (30) days thereafter. F. The failure of Lessee to pay any installment of rent, or other charge or money obligation herein required to be paid by Lessee, within five (5) days after same becomes due or to perform any one or more of its other covenants under this Lease within ten (10) days after written notice. G. No surrender to Lessor of this lease or of the premises, buildings, or improvements or of any part thereof or any interest therein shall be valid or effective unless agreed to and accepted in writing by Lessor, and no act by Lessor or any representative or agent thereof, other than such a written agreement and acceptance by Lessor, shall constitute an acceptance of any such surrender. Notwithstanding any termination, Lessee shall remain liable to Lessor as hereinafter provided. 8. A. Upon any termination of the estate as aforesaid, Lessor may reenter the leased premises with or without process of law using such force as may be necessary, remove all persons and chattels therefrom or may at Lessor's option, change the locks or otherwise refuse Lessee access to or possession of the demised premises except reasonably necessary access for Lessee's removal of its personal _6_ ~~ property therefrom, and Lessor shall not be liable for damages or otherwise by reason of any of its acts in accordance herewith. Notwithstanding such termination by Lessor, the liability of Lessee for the rents and charges provided for herein shall not be relinquished, diminished or extinguished for the balance of the term of this lease. And it is further understood that Lessee will pay, in addition to the rent and other sums agreed to be paid hereunder, additional sums as reasonable attorneys fees in any suit or action instituted by Lessor or otherwise incurred by Lessor to enforce the provisions of this lease, or the collection of the rent due Lessor hereunder provided Lessor prevails on any claim in such suit or action. Any property belonging to Lessee or any person holding by, through or under Lessee, or otherwise found upon the leased premises may be removed therefrom and stored in any warehouse at the cost of and for the account of Lessee. If Lessee should abandon, vacate or surrender said premises or be dispossessed by process of law, any personal property left upon said premises may be deemed abandoned, or at the option of the Lessor, and upon such reentry, Lessor may take possession of any and all furniture, fixtures or chattels in or on said premises and sell the same in whole or in part, without filing suit or obtaining any execution order or decree, to the highest bidder for cash with or without said property being present at said sale (Lessee agreeing to make delivery thereof to the Purchaser), and apply the proceeds thereof to the payment of costs and expenses of taking and removing said property and holding of said sale and of rents and amounts owing Lessor, and Lessee agrees to make good any deficiency. Lessee expressly releases Lessor and its successors and assigns of all claims which might exist by reason of any termination of or reentry under this lease or removal of Lessee's property, pursuant to the provisions of this Article and hereby waives any and all rights of redemption under any statute or rule of law in effect at the time of termination or reentry. B. In the event of any breach hereunder by Lessee, Lessor may immediately or at any time thereafter, without notice, cure such breach for the account and at the expense of Lessee. If Lessor at any time, by reason of such breach, is compelled to pay or elects to pay, any sum of money or do any act which will require the payment of any sum of money, or is compelled to incur any expense, including reasonable attorneys fees, in instituting or prosecuting any action, proceeding or otherwise incurred to enforce Lessor's rights hereunder, the sum or sums so paid by Lessor, with interest thereon at the legal rate from the date of payment thereof, shall be deemed to be additional rent hereunder and shall be due from Lessee or -~- ~d Lessor on the first day of the month following the payment of such respective sums or expenses. C. Notwithstanding any termination of this lease or reentry into the leased premises by the Lessor, Lessee shall be liable to Lessor for damages for breach of Lessee's covenants under this lease, plus all costs and expenses incurred by Lessor in connection with reentry and the repair, renovation, broker's commissions, counsel fees, and other charges incurred in connection with a reletting of the leased premises. If, because of any bankruptcy, insolvency, or similar statutes, the right of Lessor to collect damages shall be limited to an amount less than would be payable in accordance with the provisions of this lease, Lessee shall be liable to the Lessor for the full amount of damages recoverable by Lessor under the circumstances. 9. At the expiration of or earlier termination of the term of this lease, Lessee shall peaceably surrender including, but not limited to the were upon the commencement of the excepted to the extent Lne leased maintained by the Lessee. At the remove the popcorn wagon provided terms of this lease. the leased premises in the same condition conditions of cleanliness, as the leased premises term of this lease, ordinary wear and tear premises are not required to be repaired and/or expiration of the lease term, the Lessee shall that he is not at such time in default under the 10. Lessee agrees to indemnify and save Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorneys fees, arising from the conduct or management of the business conducted by Lessee in the leased premises or from any breach or default on the part of Lessee to be performed pursuant to the terms of this lease, or from any act of negligence of Lessee, its officers, directors, agents, contractors, servants, employees, sublessees, concessionaires or licensees, in or about the demised premises, the sidewalks and ground adjoining the same, the loading area allocated to the use of Lessee, and any other area of the premises. In case of any action or proceeding brought against Lessor by reason of any such claim, upon notice from Lessor, Lessee covenants to defend such action or proceedings by counsel reasonably satisfactory to Lessor. 11. Notices hereunder shall be deemed sufficiently given when deposited in the United States Mail, postage prepaid, certified, return receipt requested, and addressed as follows: To Lessor: Town of Vail 75 South Frontage Road Vail, Colorado 81657 Attention: Town Manager -8- ~~ ~~ To Lessee: Wagon on the Mall c/o Ross Davis, Jr. 108 South Frontage Road Vail, Colorado 81657 12. Lessee may not assign this lease to any other party without the written consent of Lessor first having been obtained, which consent shall not be unreasonably withheld, ba$ed upon the character, business experience and financial stability of the proposed assigned. 13. This agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. 14. Lessor acknowledges receipt from Lessee of the sum of two thousand dollars ($2,000) to be held by Lessor as security for the payment of any rent and all other sums of money payable by Lessee under this lease and for th faithful performance of all covenants of the Lessee hereunder. The amount of such security deposit, without interest, shall be refunded to the Lessee at the termination of the term of this lease, provided that the Lessee shall have made all such payments and performed all such covenants. Upon any default by Lessee hereunder, all or part of such security deposit may at the Lessor's sole option be applied on account of such default, and thereafter the Lessee shall restore the resulting deficiency in .such security deposit upon demand. Lessee hereby waives the benefit of any provision of law requiring such security deposit to be held in escrow or in trust and such security deposit shall be deemed to be the property of the Lessor and may be commingled with Lessor's other funds. 15. The. waiver by Lessor of any breach of any term, covenant or condition contained in the lease shall not be deemed to be a waiver of any subsequent breach of the same or a waiver of any other term, covenant or condition contained in this lease. The subsequent acceptance by the Lessor of rent due hereunder or any or all other monetary obligations of the Lessor hereunder, whether or not denoted as rent hereunder, shall not be deemed to be a waiver of any preceding breach by the Lessee of any term, covenant or condition of this lease, other than the failure of the Lessee to make the particular payment so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of the acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by the Lessor unless such waiver be in writing and executed by the Lessor. 16. Lessee shall not record this lease without written consent of the Lessor. ~~ -g- 17. This lease agreement sets forth all the covenants, promises, agreements, conditions, and understandings between the Lessor and Lessee concerning the demised premises and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than as herein set forth. All prior communications, negotiations, arrangements, representations, agreements, and understandings, whether oral, written or both, between the parties hereto and their representatives, are merged in this agreement and extinguished, this lease superseding and cancelling them. Except as otherwise provided in this lease, no subsequent alteration, amendment, change, or addition to this lease shall be binding upon the Lessor or Lessee unless reduced to writing and executed by the party against which such subsequent alteration, amendment, change or modification is to be enforced. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and year first above written. TOWN OF VAIL, a municipal corporation Rondall V. Phillips, Town Manager WAGON ON THE MALL, a Colorado general By• ~ oss Davis,. B y . j ~,,~ Dan M lro ney, rtner ATTEST: B ~// . ~,1-~--~ Pamela A. Brandmeyer, own Clerk -10- artner eral 8"artner .,, ~,, WAGON ON THE MALL GUARANTY OF LESSEE'S OBLIGATIONS This Gua~~r~~an--th~y of Lessee's Obligations is executed in connection with Lease dated L~'e~,~pfJ ~~ 1987, between the TOWN OF VAIL, a Colorado municipal corporation, herein called "Lessor", and WAGON ON THE MALL, a Colorado partnership, herein called "Lessee". In consideration of the payment to the undersigned of the sum of TEN DOLLARS ($10.00), the execution of this Lease by Lessor in favor of the Lessee named above, and other good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned hereby guarantees to Lessor and to Lessor's successors and assigns the payment by Lessee of the rents and charges provided for in the aforementioned Lease and the performance by Lessee of all the provisions of such Lease for and during the term and any renewals or extensions thereof; the term "Lessee" is intended to include all assignees and sublessees of the original Lessee. If Lessee shall default at any time during the term granted by said Lease, in the performance of any of the covenants and obligations of said Lease on Lessee's part to be performed, then the undersigned will on demand, well and truly perform the covenants and obligations of said Lease on Lessee's part to be performed and will on demand pay to Lessor any and all sums due to Lessor, including all damages and expenses that may arise in consequence of Lessee's default and do hereby waive all requirements of notice of the acceptance of this Guaranty and all requirements of notice or breach of nonperformance by Lessee. The undersigned may, at Lessor's option, be joined in any action or proceedings commenced by Lessor against the Lessee in connection with and based upon any of the covenants and obligations in said Lease, and the undersigned waive any demand by Lessor and/or prior action by Lessor of any nature whatsoever against Lessee. The undersigned understands and agrees that any modifications of the Lease or waiver of the performance thereof, or the giving by the Lessor of any extension of time for the performance of any of the obligations of the Lessee, or any other forbearance on the part of the Lessor, or any failure by the Lessor to enforce any of its rights under the Lease shall not in any way release any Guarantor from liability hereunder or terminate, affect, or diminish the validity of this Guaranty, except to the same extent, but only to such extent, that the liability or obligation of the Lessee is so released, terminated, affected, or diminished, notice to each Guarantor of any such modification, waiver, extension, forbearance, or failure or of 1~ ~ any default by Lessee under the terms thereof being hereby waived; and the undersigned further agrees to pay or reimburse all of Lessor's reasonable and necessary expenses, including attorney's fees incurred or paid by Lessor in enforcing the obligations of this Guaranty. If more than one Guarantor signs this Guaranty, all of the liability and obligations of the Guarantors arising out of or created hereunder shall be joint and several. This Guaranty shall be applicable to and binding upon the heirs, representatives, successors and assigns of the Lessor, Lessee and Guarantors. IN WITNESS WHEREOF, the undersigned have executed this Guaranty this day of tl~4, 19 ~ ~ TOWN OF VAIL, a municipal home rule corporation y: Rondall V. Phillips, Town anager WAGON ON THE MALL, a Colorado .general partnership By: s Davis; Jr., arantor and G~e~al Partner ~~ Dan Mulro ney, G aran rand Genera Partne -2- PERSONAL FINANCIAL STATEMENT IIVIFORTANT: Read these directions before completing this Statement. X7 It you are applying f+x inJividual credo in your own name and are relying on your own ine+~me or assets anJ nu the income or'ssets.ol souther person os the basis for repayment o(the credit rcyuested, complete only Settinrts I sand ). ^ If you are apple ing Gx jcim ereJn with andher peru+n, n+mplere all Sectio:rs pmviJing information in SrctMn ?about the join! applicant. ^ If yiw are applying ha' iraln ideal credit, but arc rc h~ing rm ir:crnrc Inxn alinn+m~. child suppr+n. or separate maintenance or on the incmnr or assets of amxher person as a basis for repayment of the credit requested, nxnpkte alt Sesu+e+s, pnn sling udi+nnari+x+ in Sectirn ? alwan the pswm wlwx ahrnuny. suppxt. or maintenarce payments sx irtcume ur assets you are relying. ^ If thi: aatemem relates u+pmr guaranty of the inJebredness of +xher peonnis), finntsl ur coq•+xatir.ntsl, complete Sectisms I and 3. TO: SECTION 1 - 1 _ D V DUA 1NF MAT( IType+xPrint) SECTION 2 -OTHER PARTY INFORMATION (Type or Print) Name /~) ) .~~/!/ ~ Name Residerrce AJJras ~ Z _~~ / C~~C' ~t It I ResiJence Address / / City, State & 7.ip ((/ O ~' (j, J ~ City. Stare & 7_ip Position or lhcupatero Pnsitism sx Occupation Business Name Business Namt Business AJJress Business Address ' City, State & "lip Ciq, Stare & lip Res. Phone Bus. Phone Res. Phone Bus. Phone SECTION 3 -STATEMENT OF FINANCIAL CONDI?ION AS OF -"- 19, ASSETS (Do not include Assets of doubtful value) In Do~lars (Omit cents) LIABILITIES In Dollars (Omit cents) Cash on hand and in banks ~ 'LLB Notes payable to barks -secured 1 t1.S. Gov't. & Marketable Securities -see Schedule A Notes payable to banks -unsecured _ Non-Marketable Securities -See Schedule B Due to brokers Securities held by broker in margin accounts _ ~ C ~~ Amounts payable to others -secured Restricted or comrol stocks Amounts payable to others -unsecured Partial interes: in Real Estate Equities - Accounts and bills due see Schedule C Unpaid income tax Real Estate P.vned -see Schedule D '' ~ ~~ ) O G Other unpaid taxes and interest Loans Receivable - Real estate mortgages payable - ~~ Automobiles and other personal property --~~ ~ ~y ~' C) "L~ see Schedule D ~ Cash value-li(e insurance-see Schedule E Other debts - itemiu: s - itemi Other as i e: .n z ~~ / i l/ Lt /.rL (/ CI (..~ U ~" ~7 ,.f ~ _ / ~ ~ P /h~ TOTAL ASSETS ~~Y QOM ~C) Li TOTALLIABIL-TIES NET WORTH TOl'AL LIAB. AND NET WORTH ~ ~~ ~~' C `~Z~-~ L~Z~ OURCFS OF INCOME FOR YEA ENDED , 19 PERSONAL INFORMATION Salary, bonuses & commissions S i Do you have a will? ~ ~' if so, name of executor. Dividends '>t" A-i / I Real estate income L Rj Are you a partner or officer in any other venture? If so, deuribe. Other income (Alimony, child support, or separatr maintenance Income need not be revealed if you do nol wish to have It Are you obligated to pay alimony, child support or separate maintenance considered as ^ basis for repaying this obligallon) payments? If so, describe • / ~~~ /lJ. ! Are any assets pledged other than as described on schedules? If so, describe. TOTAL S ;~ )~ -` CONTINGENT LIABILITIFS ~ U describe. contingent liabilities? If so Do ou have an Income tax settled through (date) , y y ` ~ N Are you a defendant in any suits or legal actions? ~,-v As indorser, m-maker or guarantor? S ~a. Personal bank accounts carried at (t r /Lt~t On leases or contracts? S J // ~ r /ytt~j i"G 1t ~`'-' ~ Legal claims S - ~ ~ _ /) C/~~r- Other special debt S Have you ever( been declared bankrupt in the laze 14 years? I( so, where Amount of contested income tax liens S /t-~ ~-) Year (COMPLETE SCIIEDULES AND SIGN ON REVERSE SIDE) THE PRINTERY AT VAIL SCHEDULE A - U.S. GOVERNMENTS & MARKETABLE SECURITIES Number Of Shares Or Face Value (Bonds) Description In Name O( Are These Pledged? Market Value __ ~~-~~ SCHEDULE B -NON-MARKETABLE SECURITIES Number Of Shares Descri tion In Name Of Are These Source of Value P Pledged? Value SCHEDULE C -PARTIAL INTERESTS IN REAL ESTATE EQUITIES ~~,f. ~.~ ~, ~~~~~,~ ~ Q W U W z G>~ W a Q w z a Z z O F A A Q W Address & Type Of Property Title In Name Of %Of Ownership Date Acquired Cost Market Value Mortgage Maturity Mortgage Amount n!>~, ~'~ ~~ -~ - .!. .rev ~ G S. o~v ~ ~t,o ~i~ ~ra~ rs ~. .. L ~'~U ~;~~' ~~<r~, , ~,~~ 0 4ao SCHEUULE D -REAL ESTATE OWNED Address & Type Of Property Title In Name Of Date Acquired Cost Market Value Mortgage Maturity Mortgage Amount SCHEDULE E -LIFE INSURANCE CARRIED, INCLUDING N.S.L.1. AND GROUP INSURANCE Name Of Insurance Company Owner Of Pol cy Beneficiary Face Amount Policy Loans Cash Surrender Value ~~ i lsr ,~.~ y _ , ~ ~ SCHEDULE F -BANKS OR FINANCE COMPANIES WHERE CREDIT HAS BEEN OBTAINED Name & Address O(Lender Credit In The ame Of Secured Or Unsecured? Original Date High Credit Current Balance f iM• rta~.G•r c.. _ r G~ pit/f ~ _ ^tr ' QL~ --t7'1 f IBC C /fit Od~'1r.1 ~'S ~"~~ _ The information contained in this statement is provided for the purpose of obtaining, or maintaining credit with you on behalf of the undersigned, or persons, firms or corporations in whose behalf the undersigned may either severally or jointly with others, execute a guaranty in your favor. Each undersigned understands that you are relying on the information provided herein (including the designation made as to ownership of property) in deciding to grant or continue credit. F,ach undersigned represents and warrants that the information provided is true and complete and that you may consider this statement as continuing to be true and correct until a written notice of a change is given to you by the undersigned. You are authorized to make all inquiries you deem necessary to verify the accuracy of the statements made herein, and to determine my/our creditworthiness. You are authorized to answer questions about your credit experience with me/us. Signature (Individual) S.S. No. ~ Date of Binh ...- Z _-1i / Date Signed J 19 ~~ Signature (Other Party) S.S. No. Date of Birth $fote of California DEPARTME i AND ~ OF BOATING W ~'ATER~'AYS Z Efc•nss No. =7$= or This wilt certify thot ExPiros on 6~ ,1= a~ E ~NAID SCF3ULTZ, ~. $ALE$MgN for Jam{ _ mRSF~ ~~TS, INC. TOWN OF VAIL, COLORADO APPLICATION FOR BUSINESS AND/OR SALES TAX OR EXEMPT INSTITUTION LICENSE LICENSE YEAR 1988 Mail To: Town of Vail Town Clerks Office 75 South Frontage Road Vail, Colorado 8 f 657 (303)476-7000 RETAIN ACOPY FOR YOUR RECORDS Business Activities (Note all activities conducted under this license) Retail Sales (Specif RestauranUBar: 1 ~Sy~14~~T Lodging: Professional (Specify) Service (Specify Type) Other Product or Service Sold: A separate application must be filed for each business location in Vail. Type of Ownership: ~,, Trade Name of Business:---~ Name of Ownership (if other than Business Address: street Is your business operated from yc Mailing Address: s~pp, Local Manager-Representative: State of Colorado Sales Tax Local Business Phone No. - SALES TAX REMITTANCE INFORMATION: Name of person preparing Sales Tax Return: Choose one: _ Employee - Accountant/Bookkeeper Business Phone No. (If different than above): Do you currently file your state sales tax form _ Quarterly Monthly _ Other le Propri or - Partnershi -Corporation -.Other: U+4E, ~ /~ ~c1S K~ - p • ~L NS ~1~ 1-tqu. /(~ Gry Slate . Zp -Yes ~No ~.p ~ U ~~ ~ ~lL~ J 0 ~' d ~ ~~~ sti ylrz ~~~r~~! ~~ ~ , c~ ~ ~~s~ p~j S eet Ciry Sta a Lp Phone No. Federal Identification No. _ Other(Specify) NAME AND HO 5 M E A DD R E SSES OF PARTNERS OR OFFICERS OF BUSINESS (attach additional schedule if necessary) ~ ? ~ ~ 1 1 1 1 66~ l~' dt-l`~ll ~~ ~ ~1fif.F~~ ~7~0 ~~ Name 8 Soaal Secunry No. Q /~ ~~~ r~~/~ fi L/ ` C Position / ~ ~~i Pfrone No. ~/ Qf/ s ~~~~ l / ~/ ~ ~~~}/ ~ / •(~h~/ Ni WT i'////~1 {/~~A ~ /~/ r/~ City P Name 8 Sodal Security No. Portion ~~~ /73 P e No., ~ • ~~!/ ~~~ `~ ~.7 Address Ciry Lp Name 8 Sorial eariry No. osition Phone o. Address iry p New Business _ Yes _ No Existing Business _ Yes No Former Owner's Name _j~ Former Name of Business " /~G Date business began ye complete:) 0~ n Former Owner's License No. D 7/~ in~1 LC,' ADDITIONAL BUSINESS LOCATIONS IN VAIL: NAME OF BUSINESS -TI' " Number of employees all locations-seasonal year around STREET ADDRESS STAFF APPROVALS FOR BUSINESS LICENSE ONLY: 'Health (Susan Scanlan) Fire ~~' (Dick Duran or Mike McGee) Zoning `Signs ~ (Tom Braun, Kristan Pritz, or Rick Pylman) Buildin # 9 (Gary Murrain, Joe Norris) Police (Brian Terrett) EMERGENCY NOTIFICATION: Name Name Street Address Street Address Phone No. Phone No. I declare, under penalty of perjury in the sec d degr , t at this application has been examined by me, that the statements made her ' are made i goo ai h purs an the a Town of Vails' Municipal Code, and to the best of my knowledge and f, ar rue, orre a come . Signed: Title: (must be person IegaMy re n de far business,' e.owner, partner, officer, etc.! ) Q~ .~-,_ ; _ ~ ,_ _ ~, STATE OF COLOR~IDO ~s DEPART:SEYT OF REVEWE - . COLORADO DEP.~R~SE~IT OF FiEr1LTH ' DE,'VER, COLORADO - APPLICATION FOR LICE,ySE TO CONDUCT A FOOD SERVICE ESTABLISh,'4tF~n- FOR THE . ~LEr1DaR rEaR 19,~ . This application will be rejected unless all questions are fully answered, proper remittance is attached, and Health Department approval is obtained. 1. 2. INDICATE IN PROPER-SPACE BELOW THE TYPE OF OWNERSHIP; INDIVIDUAL ~ CO-F~ARTNERSHIP ` \ ~ CORPORATION OR COMPANY LICENSE TO BE ISSUED 1N NAME~S~ OF ~N"~F..+ ` FULL LEGAL NAME OF Ci ' FIRST PARTNER L~, ASSOCI.iTION ~ OTHER OR CLUB -••-•~ .vn, ~NUIVIGUAI UWNER OR ;vAME OF NAMES OF .~,-~GONO ANO ADDITIONAL f~AfR~TN,~EJ~RS OR CORP~RAt'ION OFFICERS 3. TRADE NAME ~~ ~//~f~/~~~J~/ . '~{ s 4• BUSINESS LODATED AT JUJ`~~<<-j'~r/ ~L/ /~~ Q STREET OR rtURAL rcOUTE CJ rf, ()/GS CITY STATE 5. COUNTY IN WHICH BUSINESS IS ACTUALLY LOCATED Llt' CODE _ ~~GLr 6. MAILING ADDRESS, IF DIFFERENT FROM LOCATION ADDRESS .~.TREET ~ l~C...i / /~ ~/ /_~^~ C17Y $T ATE (f 7. DATE YOU STARTED BUSINESS Q~ ~~ r ~ ZIP (.O CE 8. JF SEASONAL, SHOW MONTHS IN WHICH BUSINESS WILL BE OPERATED 9. ARE YOU LIABLE FOR REPORTING STATE SALES TAX? ~ . ~~"" YES [] No IF YES, HAVE YOU APPLIED F`1O~~ A SALES TAX ACCOUNT NUMBER? y'!?s . YES, Acco;;:IT :uM~_~ 1; 'COI--~ IF YCU ARE NOT REPORTING OF STATE SALES TAX, GIVE NAME AND ADDRESS AND ACCOUrJT NUMBER iF POSSIBLE,E FOR THE OVAL OR ~1RM RESPONSIBLE FOR PAYMENT OF STATE SALES TAX: , OF IND1y1- ~C. NAME ANO ADDRESS OF PREyIOUS OWNER ,' I~}C1~IJ DlV ~~yLS a Y~ `~~ Dl~ ~ ~J FEE: rQ0$Q,QC (DO NOT WRITE IN THIS $PAC_~ . IN CONSIDERATION THEREOF, I DO HEREBY CERTIFY THAT I HAVE COMPLIED WITHAALLUIT NUhIBER ~71~9) LISTED 1N THE COLORADO FOOD SERVICE ESTABLISHyMENT COOS, ANO THAT I HAVE COMP NE BY AUTHORIZEC INSPE RS OF THE COLORADO ~ EMS OF SANITATION AS THAT THE ITEMS OF S K PARTMENT OF HEALTH. I DO HEREBYEAGAEEHTHAT IONDT,yc G=~E,yT . RCCUIREMENTS AT ON ARE N07 COMPLlEO WITH I ,TILL DISCONTINUE SERVING F000 UNTIL SUCH TIME A3 RE ET SIG~~Ep BY GATE ~. ~/~. _ ~~ I ITLE J !i _ ~, ASSIGrdfe9ENT OF LEASE THIS ASSIGA1i1ED1T OF LEASE AGREEi1ENT is made and entered into this day of , 1988, by and between the TOWN OF VAIL, a municipal home rule corporation (hereinafter "Landlord") , V?AGOP1 Ora THE P~1ALL, a Colorado partnership (hereinafter "Assignor"), and ROBERT SCHULTZ, JR. (hereinafter "Assignee"). -- WHEREAS, Landlord and Assignor entered into a Lease Agreement dated October 12, 1987 ("Lease Agreement"); and ~^?HEREAS, Paragraph 12 of Lease Agreement provides that there shall be no assignment of a lease agreement without the prior written consent of the Landlord; and ~~?HEREAS, Assignor desires to assign their Lease Agreement to Assignee and Assignee desires to assume the rights, duties and obligations thereunder; and T•?HEREAS, Landlord is willing to consent to the Assignment by Assignor of the Assignment of Lease Agreement to Assignee under the terms and conditions set forth hereinbelocv: P10t~?, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency is hereby acknowledged the parties agree as follows: 1. Assignment: Assignor hereby assigns, transfers and conveys all of their right title and interest in and to the Lease Agreement to Assignee, together with the security deposit, if any, deposited with Landlord, pursuant to said Lease Agreement, as of , 1988, for the balance of the lease term. Assignor hereby represents and warrants that they are the .owners of the entire right, title and interest in and to said Lease Agreement. 2. Lease Remains in Effect: The Lease Agreement dated October 1.2, 1987, by and between Landlord and Assignor, a copy of which is attached hereto and incorporated herein by this reference, shall remain in full force and effect and all the terms, conditions and promises of said Lease Agreement shall govern the conduct of the parties, except as specifically modified herein. 3. Consent of Landlord: Landlord consents to the assignment from the Assignor to the Assignee and for the balance of the lease term, and for any option terms thereafter. 4. Obligation of Assignee: .Assignee accepts the Assignment of the Lease Agreement, including any amendments thereto, and agrees to perform and abide by all of the terms and conditions set forth commencing on therein, except 1988. as modified hereby, 5. P.elease of Assignor: Assignor shall not be released from any further obligations of Tenant under the Lease Agreement, and shall remain liable for all obligations under the Lease Agreement. Assignor shall have the right to cure any defaults and re-enter the premises if Assignee defaults under the Lease. 6. Notices; Paragraph 21 of the Lease Agreement is hereby modified to read as follows: To Landlord: Town of Vail 75 South Frontage Road Vail, Colorado 81657 Attention: Town F?anager To Tenant: with a copy to: Robert Schultz, Jr. P.O. Box 173 Vail, CO 81658 ti~lagon on the t~tall c/o Ross Davis, Jr. 108 S. Frontage Fd. hest Suite 307 Vail, CO 81657 7. ~~•Tarranty: Assignor hereby warrants that effective the date of execution of this Agreement, Assignor is not in default or in violation of the terms or provisions of the Lease Agreement and that they have fulfilled all of such terms and conditions and that all rental payments and other sums due and ocaing pursuant thereto are paid in full through , 1988. 8. tTOdification: This Assignment of Lease may nat be changed, modified, discharged or terminated orally or in any manner other than by and agreement signed by the parties hereto or by the respective successors and assigns. IN GIITNESS ~~THEREOF, the parties hereto have executed this document the day and year first above written. LADIDLORD : TOG~N OF VAIL, ATTEST: a rTUnicipal Corporation By; 2 ASSIGrTOR: ~°IAGOrT OP1 THE P~IALL, a Colorado General Partnership By: Ross Davis, Jr., General Partner By: Dan rJlul rooney, General Partner ASSIGATEE: By: Bob Schultz, Jr. 3 THE HERTZ CORPORATION and TOWN OF VAIL AGREEMENT THIS AGREEMENT, made and entered into this day of _, 1987, by and between the TOWN OF VAIL, a Colorado municipal corporation, hereinafter referred to as "the Town", and THE HERTZ CORPORATION, RENT A CAR DIUISION, a Delaware corporation, hereinafter referred to as "Hertz". WITNESSETH: WHEREAS, the Town now owns, operates, and maintains a Transportation Center at Vail, Colorado, known as the Vail Transportation Center, hereinafter sometimes referred to as the "UTC"; and WHEREAS, Hertz is engaged in the principal business of renting automobiles for hire to others and requires space in the UTC; and WHEREAS, the convenience of travelers using the VTC is served by the rental of automobiles for their business and pleasure; and WHEREAS, Hertz has been and is willing to continue to provide such rental service on a non-exclusive basis for the public, upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the covenants and agreements herein contained and the payment of monies as hereinafter set forth, the parties hereto agree as follows: 1. GRANT OF PERMISSION The Town hereby grants to Hertz the non-exclusive right to operate a motor vehicle rental service concession in the UTC for renting automobiles and other vehicles to the public. Hertz agrees to use the rights herein granted and the premises herein leased only for the purposes expressly set forth in this Agreement, except as otherwise authorized in writing by the Town's Transportation Supervisor, and for no other or unlawful purpose whatsoever. Hertz further agrees that it shall not install or operate in the VTC any vending machine, food stand, soft drink, candy or cigarette dispense, or any like concession or device offering products for sale to the public. Hertz further agrees not to commit any nuisance upon the leased premises. ,, - .r-RF o __ _ ~~ ..~ _ _. 2. LEASED PREMISES The Town hereby grants to Hertz the right to lease and occupy the premises in the UTC shown as a cross-hatched area on Exhibit A attached hereto and which is incorporated herein; a car rental office and counter located in the third floor garage area of the VTC and forty-five (45) parking stalls on the third floor of the VTC. Hertz agrees to accept the premises in their existing condition and agrees not to make any installation or do any construction in the premises except as may be removed without damage to the premises. Any construction or installation in the premises shall be compatible in color, material, and design to other facilities and installations in the UTC, and, further, no installation shall be made or retained except as approved in writing by the Town's Transportation Supervisor. Upon cancellation or termination of this Agreement, Hertz agrees to remove said installation from the premises, leaving the premises in essentially the same condition as when first occupied, reasonable wear and tear excepted. Any installation not removed from the premises within thirty (30) days of the cancellation or termination of this Agreement shall become the property of the Town. It is understood and agreed upon by the parties that at any time during the term of this lease, the Town has the right to change the leased premises to substantially equivalent space anywhere within the Town of Vail. Should the Town desire to transfer Hertz to a new leased premises it shall provide Hertz with thirty (30) days written notice of the change and specify where .the new leased premises shall be located. Hertz shall have the right within ten (10) days of such notification to elect in writing to terminate this lease. If it fails to so terminate, Hertz shall be deemed to agree to such change of premises. Should the leased premises be changed, all other terms and provisions of this lease shall remain the same. 3. EXCESS PARKING For each vehicle owned by Hertz, not rented to the general public and parked in areas in the VTC not included in the cross-hatched areas of Exhibit A, Hertz shall pay to the Town a coupon from the standard UTC coupon book, good for up to twenty-four (24) hours of parking. Each such coupon shall be presented to the To.~;n by an agent or employee of Hertz and may be used by Hertz for c:,ns:.cutive twenty-four (24) hour parking. Each such parking ticket will indicate that it was issued to Hertz and set forth the license number of the parked vehicle. -2- 4. TERM OF AGREEMENT The term of this Agreement shall be for a period of one (1) year fra~r January 1, 1988 through December 31, 1988. 5. CONCESSION FEE As a fee for the concession rights and privileges herein granted, Hertz agrees to pay during the first contract year an annual minimum guarantee of thirty- three thousand dollars ($33,000) or ten (10) percent of its gross revenues as hereinafter defined, whichever is greater, such annual guarantee to be paid in equal monthly installments of one-twelfth (1/12th) each. Monthly payments shall be in accordance with the provisions of Article 8 hereof. Gross revenues as used herein shall mean the time and mileage charges received for the rental of vehicles hereunder. 6. MONTHLY PAYMENT AND STATEMENT Hertz agrees to make all payments due to the Town under this Agreement on or before the twentieth (20th) day of each month during the term hereof, commencing with the second month of the term. All payments shall be accompanied by a monthly statement, in a form approved by the Town's Finance Director or his authorized representative, which statement shall set out the total gross revenues for business conducted under this Agreement during the preceding month, and indicate any deduction from said gross revenues. 7. PLACE AND MANNER OF PAYMENTS In all instances where Hertz is required by this Agreement to pay any rentals, compensation or other payments to the Town, such payments shall be made without notice at the Finance Department of the Town of Vail, Colorado, in the Municipal Building in Vail, Colorado, or at such other place as the Town may hereafter designate by notice in writing to Hertz and shall be made in legal tender of the United States of America. Any check given to the Town shall be received by it subject to collection, and Hertz agrees to pay any charge incurred by the Town for such collection. 8. BOOKS OF ACCOUNT AND AUDITING Hertz shall keep within the Town true and complete records and accounts of all gross revenues and business transacted, including daily bank deposits, and after each twelve (12) month period during thQ term hereof furnish withi~~ thirty (30) days a true and accurate statement prepared by a Certified Public Accountant for the preceding year, of all such revenues and business transacted during such -3- . =x preceding year (showing the authorized deductions or exclusions in computing the amount of such gross revenues and business transactions), which statement shall be certified by an authorized representative of Hertz to be correct. Hertz agrees to establish and maintain a system of bookkeeping satisfactory to the Town and to give the Town access during reasonable hours to such books and records. Hertz agrees that it will keep and preserve for at least two (2) years all sales slips, cash register tapes, sales books, bank books, deposit slips, and other evidence of gross revenues and business transacted for such period. The Town's auditor or its authorized representatives shall have the right at any time and from time to time to audit all of the books of account, bank statements, documents, records, returns, papers, and files of Hertz relating to gross revenues and business transacted and Hertz on request by either shall make all such material available for such examination at the premises. If the Town shall make or have such audit made for any year and the gross revenues and business transacted shown by Hertz`s statement for such year should be found to be understated by more than three (3) percent, Hertz shall pay to the Town the cost of such audit. The Town's right to such an audit made with respect to any year shall expire two (2) years after Hertz statement for any year shall have been delivered to the Town. 9. TOWN AND HERTZ NOT PARTNERS Notwithstanding the provision herein contained for the payment by Hertz to the Town of sums based upon a percentage of gross revenues as herein provided, it is expressly understood and agreed that the Town shall not be construed to be a partner, associate, or joint venturer of Hertz in the conduct of its business, but Hertz shall at all times be regarded as and have the rights of an independent contractor, without the right or authority to impose tort or contractual liability upon the Town. 10. QUALITY OF SERVICE Hertz agrees to keep the automobiles and other vehicles used in its rental service at the VTC in apparent good operating order and repair, free from known defects; it will not rent any vehicle to any party at said VTC which is not in good operating order and repair or which may be hazardous to the person renting the same or the general public; its rental automobiles will generally be late models; and it will at all times provide a sufficient number of rental units so as to properly serve the reasonable needs and demands of the public. -4- .. .. .. ... 11. CARE OF LEASED PREMISES Hertz agrees to keep all premises occupied by it in the UTC in a neat, clean, safe, and orderly condition at all times and will so use the premises and the UTC as not to injure it except as such injury may arise out of ordinary wear and tear resulting from lawful use in accordance with the terms of this Agreement. 12. SIGNS Hertz further agrees that no signs or advertising material shall be painted on, erected, or placed in any manner upon the VTC without the prior written approval of the Transportation Supervisor. 13. RIGHT OF INSPECTION It is mutually agreed that the Town's duly authorized representative shall have at any and all times the full and unrestricted right to enter the leased premises for the purpose of inspecting or protecting such premises and of doing any and all things with reference thereto which the Town is obligated to do as set forth herein or which may be deemed necessary for the proper general conduct and operation of the UTC in the exercise of the Town's police powers. 14. INDEMNITY AND INSURANCE Hertz hereby agrees to release, indemnify, and save harmless the Town, its officers, agents, and employees from and against any and all loss of, or damage to, property or injuries to, or death of, any person or persons including property and employees or agents of the Town and shall defend, indemnify and save harmless the Town, its officers, agents and employees from any and all claims, damages, suits, costs, expense, liability, actions or proceedings of any kind or nature whatsoever, including Workman's Compensation claims of or by anyone whomsoever, in any way resulting from or arising out of, directly or indirectly, its operations in connection herewith, or its use or occupancy or any portion of the VTC, and including acts and omissions of officers, employees, representatives, suppliers, invitees, contractors, and agents of Hertz, provided, however, that Hertz need not release, indemnify, and save harmless the Town, its officers, agents, and employees from damages resulting from the sole negligence of the Town's officers, agents and employees. The minimum insurance requirements prescribed herein shall not be deemed to in any way limit or define the obligations of Hertz hereunder. Hertz further agrees to secure and deliver to the Transportation Supervisor at the time of execution of this Agreement a comprehensive liability insurance policy written on an occurrence basis, including public liability and -5- property damage in a form and company acceptable to and approved by said Supervisor, covering the premises, all operations hereunder, and any place within the VTC and any products in the amount of five hundred thousand dollars ($500,000) in respect to any one occurrence, and in the aggregate amount of one million dollars ($1,000,000) for bodily injury, plus two hundred thousand dollars ($200,000) for property damage. The Town shall not be named as an insured in any insurance policy required hereunder, but said policies shall contain a provision covering Hertz's contractual liability to the Town. A certificate evidencing the existence thereof, in such form as the Transportation Supervisor may require, or a binder, shall be delivered to the Supervisor upon the execution of this Agreement. In the event a binder is delivered, it shall be replaced within ten (10) days by a certificate evidencing the existence of the requisite insurance. Each such policy or certificate shall contain a valid provision or endorsement that: "This policy will not be cancelled, or materially changed or altered without first giving thirty (30) days written notice thereof to the Transportation Supervisor, Town of Vail, Colorado, 75 South Frontage road, Vail, Colorado 81657, sent by certified mail, return receipt requested." A certificate of renewal shall be delivered to the Transportation Supervisor at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. 15. PATENTS AND TRADEMARK Hertz represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, marks, names or slogans to be used by it in its operations under or in no way connected with this Agreement. Hertz. agrees to save and hold the Town, its officers, employees, agents, and representatives free and harmless of and from any loss, liability, expense, suit, or claim for damages in connection with any actual or alleged infringement of any patent, trademark, or copyright arising from any alleged or actual unfair competition or other similar claim arising out of the operations of Hertz or in any way connected with this Agreement. 16. MASTER PLAN Hertz agrees that no liability shall attach to the Town, its officers, agents and employees by reason of any efforts or action toward implementation of any present or future master plan for the development or expansion of the UTC, and, for -6- _ . ,,, . ~°- and in consideration of the granting of the rights and privileges herein granted. Hertz waives any right to claim damages or other consideration arising therefrom. 17. THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties (except parties to whom Hertz may assign this Agreement in accordance with paragraph 25 hereof, and excepting any successor to the Town) any right to claim damages or to bring any suit, action or other proceeding against either the Town or Hertz because of its execution or attempted execution. 18. TAXES, COMPENSATION INSURANCE AND LICENSES Hertz agrees to pay promptly all taxes, excises, license fees and permit fees of whatever nature, applicable to its operation in the VTC, and to take out and keep current all licenses, municipal, state or federal required for the conduct of its business hereunder, and further agrees not to permit any of said taxes, excises, or license fees to become delinquent. Hertz further agrees at all times to maintain adequate Workman's Compensation insurance (including occupational disease) with an authorized insurance company, or through the Colorado state Compensation Insurance Fund, insuring the payment of compensation to all its employees in connection herewith. Hertz agrees not to permit any mechanic's or materialmen's or any other lien to become attached or be foreclosed upon the property hereinabove described, or any part or parcel thereof, by reason of any work or labor performed or materials furnished by any mechanic or materialman. Hertz further agrees to furnish the Town, upon request, duplicate receipts or other satisfactory evidence showing the prompt payment by it of social security, unemployment compensation, and Workman's Compensation insurance, all required licenses and all taxes. Hertz further agrees to pay promptly when due, all bills, debts and obligations incurred by it in connection with its operation of said business at the VTC, and not to permit the same to become delinquent, and to suffer no lien, mortgage, judgment, execution, or adjudication in bankruptcy which will in any way impair. the rights of the Town under tfiis Agreement. 19. COMPLIANCE WITH ALL LAWS AND REGULATIONS Hertz agrees not to use or permit the VTC to be used for any purpose prohibited by the laws of the United States or the State of Colorado or ordinances of the Town of Vail, and it further agrees that it will use the roadways and other areas of the UTC in accordance with all general rules and regulations adopted by the -7- ..- ., r Town or its Transportation Supervisor for the governing and operation of the VTC, either promulgated by the Town or said Supervisor on its or his own initiative or by or in compliance with regulations or actions of any Federal agency authorized to regulate interstate travel to and from said VTC. Hertz further agrees to submit any report or reports or information regarding its operations that the Transportation Supervisor may reasonably request. 20. DEFAULT The occurrence of one or more of the following events or circumstances shall constitute a default hereunder by Hertz: A. The filing of Hertz of a voluntary petition of bankruptcy. B. Proceedings in bankruptcy instituted against Hertz and adjudication of Hertz as a bankrupt as pursuant to such proceedings. C. Appointment of a receiver of Hertz's assets or divesture of Hertz's estate by other operation of law. D. Failure of Hertz to make lease rent payments due to the Town as provided in this Agreement within ten (10) days after the Town gives notice to Hertz of its delinquency. E. Failure of Hertz to perform, keep and observe any of the terms, covenants or conditions herein contained on its part to be performed; kept or observed, which failure continues for a period of thirty (30) consecutive days. 21. CANCELLATION AND TERMINATION BY THE TOWN If Hertz shall default under this lease as set forth in Section 14, the Town shall have the following rights and remedies, in addition to all other remedies at law or equity, and none of the following, whether or not exercised by the Town, shall preclude the exercise of any other right or remedy whether herein set forth or existing at law or equity: A. The Town shall have the right to terminate this lease by giving Hertz thirty (30) days notice in writing to be served as herein provided, and the term hereby remaining shall thereupon cease and expire in the same and to the same effect as if it were the expiration of the term herein stated. Upon any termination of this lease, Hertz shall quit and surrender to the Town the leased premises. If this lease is terminated, Hertz shall remain liable to the Town for all rent and other sums accrued and paid hereunder to the date. of termination of this lease. B. The Town may, without demand or notice, reenter and take possession of the premises or any part thereof, and repossess the same as of the Town's former -8- ,: estate and expel Hertz and those claiming through and under Hertz, and remove the effects of any and all such persons (forcibly if necessary} without being deemed guilty of any manner of trespass, without prejudice to any remedies for arrears of rent or proceeding breach of covenants and without terminating this lease or otherwise relieving Hertz of any obligation hereunder. Should the Town elect to reenter as provided in this Section, or should the Town take possession pursuant to legal proceedings or pursuant to any provision provided by law, the Town may, from time to time, without terminating this lease, relet the premises or any part thereof for such term or terms and at such rental or rentals, and upon such other conditions as the Town may in its absolute discretion deem advisable, with the right to make alterations and repairs to the premises. No such reentry, repossession or reletting of the premises by the Town shall be construed as an election on the Town's part to terminate this lease unless a written notice of termination is given to Hertz by the Town. No such reentry, repossession or reletting of the premises shall relieve the Lessee of its liability and obligations under this lease, all of which shall survive such reentry, repossession or reletting. Upon the occurrence of such reentry or repossession, the Town shall be entitled to the amount of the monthly rent, and any other sums which would be payable hereunder, if such reentry or repossession had not occurred, less the net proceeds, if any, of any reletting of the premises after deducting all the Town's expenses in connection with such reletting. Hertz shall pay such amount to the Town on the days on which their rent or any other. sums due hereunder would have been payable hereunder if possession had not been retaken. In no event shall Hertz be entitled to receive the excess, if any, of net rent collected by the Town as a result of such reletting over the sums payable by Hertz to the Town hereunder. The failure of the Town to seek redress for violation or to insist upon the strict performance of any covenant or condition of this lease shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt of the Town of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach. No provision of this lease shall be deemed to have been waived by the Town unless such waiver is in writing and signed by the Town. 22. CANCELLATIOPJ AND TERMINATION BY HERTZ Hertz, in addition to any other right of cancellation herein given to Hertz, may cancel this Agreement and terminate all of its obligations hereunder at -9- any time by giving the Town sixty (60) days written notice upon or after the happening of any one of the following: A. The breach by the Town of any of the covenants or agreements herein contained and the failure of the Town to remedy such breach for a period of sixty (60) days after receipt of written notice of the existence of such breach; provided that at such time the Town shall not in good faith be attempting to remedy such breach. B. The inability of Hertz to use the leased premises and facilities continuing for a period longer than six (6) months due to any order, rule or regulation of an appropriate governmental authority having jurisdiction over the operation of Hertz due to war, earthquake, flood or any other similar force majeure. 23. WAIVERS No waiver of default by the Town of any of the terms, covenants, or conditions hereof to be performed,. kept and observed by Hertz shall be construed as or operate as a waiver by the Town of any subsequent default of any of the terms, covenants, or condition herein contained to be performed, kept, and observed by Hertz. 24. ASSIGNMENT Hertz covenants and agrees not to assign, sublet, pledge or transfer its rights in this Agreement, in whole or in part, nor grant any license or concession hereunder, without first obtaining the written consent of the Transportation Supervisor. 25. AUTHORIZED REPRESENTATIVE The Town's authorized representative for purposes of this Agreement shall be the Town Manager of the Transportation Supervisor until written notice to the contrary is hereafter given to Hertz by the Town. 26. NOTICES All notices required to be given to Hertz hereunder shall be given by registered mail address to The Hertz Corporation at 2001 Welton Street, Denver, Colorado 80205; all notices required to be given to the Town hereunder shall be given by registered mail addressed to the attention of the Town Manager at 75 South Frontage Road, Vail, Colorado 81657; provided, however, the parties, or either of them, may designate in writing from time to time a substitute address for said notices. -10- 27. NO DISCRIMINATION Hertz, for itself, its successors and assigns, as a part of the consideration hereof, does .hereby covenant and agree as a covenant running with the land that in the event facilities covered hereby for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of a similar service or benefit, Hertz shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation -- Effectuation of Title VI of the Civil Rights .Act of 1964, and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the Town shall have the right to take whatever action the United States government shall direct including the right to terminate this Agreement and to reenter and repossess the premises covered hereby and the facilities therein and thereon, and hold the same as if said Agreement had never been made or issued. 28. UTILITIES The Town at its sole cost and expense will pay the cost of all utilities furnished to the leased premises during the term of this Agreement. 29. PARAGRAPH HEADLINES The paragraph headings contained herein are for convenience in reference only and are not intended to define or limit the scope of any provision of this Agreement. 30. AGREEMENT BINDING This Agreement shall, subject to the provisions of paragraph 25 hereof, be binding on and extend to the successors and assigns of the respective parties hereto. 31. AGREEMENT SUBORDINATE TO AGREEMENTS WITH THE UNITED STATES This Agreement is subject and subordinate to the terms, reservations, restrictions, and conditions of any existing or future agreement between the Town and the United States of America, relative to the operation or maintenance of the VTC, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the VTC. 32. BOND ORDINANCE This Agreement is in all respects subject and subordinate to Ordinance No. 3, Series of 1974, of the Town of Vail, Colorado. -11- 33. HOURS OF OPERATION Hertz shall operate the leased property for the uses and purposes for which it is let continuously throughout the year except as set forth in this paragraph and shall conduct and operate its business therein during each business day for at least the hours of 9:00 a.m. through 5:00 p.m. Hertz shall keep the leased property with a sufficient number of cars to lease to the general public and reasonably staffed to serve patrons thereof. Hertz shall not be obligated to operate its business during the following periods during the term of this lease: A. From April 20 through May 25. B. From September 7 through November 24. 34. AGREEMENT MADE IN COLORADO This Agreement shall be deemed to have been made in and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made the day and year first above written. TOWN OF VAIL, a Colorado municipal corporation By: Rondall U. Phillips, Town Manager THE HERTZ CORPORATION corporation ~J By: - 'ce Preside ," irno t Concessions Robext K~ Ma,dgett ATTEST: By: Pamela A. Brandmeyer, Town Clerk ATTESL ~" `. By:' ~~_~ (t~Ov ~ ~ Assistant Secretary Robert M, Hurwitz. -12- TO: Town Council FROM: Community Development/Public Works Departments DATE: February 2, 1988 RE: Special Event Banner Program The question of whether or not the Town of system for special events banners has been community members and Town Council members The Vail Valley Foundation also expressed the Town on a banner program for the World Championships. Vail should have a brought up by over the past year. ~ desire to work with Alpine In response to these comments, the Public Works/ Transportation Department looked at several possibilities for a special events banner program along the parade route. (Please see attached map of parade route.) Three options were investigated. Please note these costs only relate to the poles and do not include the costs for banners: 1. Utilize Existin Street Li ht Poles This option is not feasible because of damage which would be caused to the poles and lights by wind blowing the banner. In discussions with flag and flagpole vendors, the proposed banner will act as a "sail" Our existing street light poles are not structurally sound enough to support a banner of the size proposed. 2. Purchase Fla oles and have Town Personnel Install Cost: 68 19-ft anodized bronze aluminium flagpoles $50,000 Labor cost - installation 15,000 TOTAL $65,000 Pros: Banners would be mounted at equal height (16 ft) on poles spaced at 100 ft intervals on one side of the entire parade route. Cons: 1. Flagpoles would have to be permanently mounted because of the base configuration. 2. High replacement costs from vehicles, etc. hitting the flagpoles. 3. Town Fabricate and Install Flagpoles Cost: 68 16 ft fabricated steel poles $20,400 Labor cost - installa (removable base) TOTAL Pros: 1. Banners would be (16 ft) on poles intervals on one route. lion 34,680 $55,080 mounted at equal height spaced at 100 foot side of the entire parade 2. Poles would be fabricated out of 3" x 3" box steel and could be painted any color. The square pole design is in keeping with the design concepts outlined in the Town's Signage Improvement Program. 3. More flexibility of design, a Vail logo, swirl, etc. can be fabricated to go near the top of the pole. 4. The poles can be fabricated to be removable. 5. Lower initial cost 6. Town replacement costs are lower than if poles were purchased from a catalog. 7. Poles can be fabricated this winter for installation next summer. Public Works fabricated an example of a prototype banner pole which will be shown to the Council at the meeting. If the Town Council would like the staff to proceed with the banner program, the staff would recommend that we work with Jeff Winston to refine the design ideas of the proposal. We feel that much of the work can be accomplished by Town staff. However, Jeff Winston's input on design and location will be helpful. The staff would also follow recommendations in the Vail Signage Improvement Program that suggest:: "The design of Vail signs should be adaptable to special events signage. Signposts should have space whereby banners and special signage can be temporarily added without negating the primary purpose of the sign. Colors and typefaces of permanent signs should be carefully selected so that unique special events signage can complement the permanent signage. The consultant's tasks would include: 1. Review existing conditions that will influence the location and design of the banners in Vail. 2. Determine types of banners and locations. This includes the mounting and support systems for the banners, preliminary graphics, and general fabrication and installation costs. 3. The actual cost for the implementation of the project will depend on the direction the Council gives the staff in respect to the following questions: a. Where should the banners be located? Should they be concentrated in the Village or should they also extend along Meadow Drive? b. Is the intent to have street banners up throughout the year, or only for special events? If the banners are to be used only for special events, which special events should have banners? c. Should the World Alpine Ski Championships participate in the funding of the banner program? d. Should original designs be used for the banners, or should the staff try to work from catalog banners? Once the staff has received further direction from the Council, more accurate cost estimates will be possible. 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