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HomeMy WebLinkAbout1989-02-07 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 7, 1989 7:30 p.m. AGENDA 1. Ordinance No. 2, Series of 1989, second reading, an ordinance amending various sections of Chapter 18 of the Vail Municipal Code and repealing and reenacting Section 18.58.310, Short Term Rental Accommodation Unit of the Municipal Code to provide for bed and breakfast operations under certain provisions and circumstances and to define bed and breakfast and setting forth details in regard thereto. 2. Consent Agenda A. Ordinance No. 3, Series of 1989, second reading, an ordinance amending Section 6.04.240 of the Municipal Code of the Town of Vail increasing the charges related to impounding a dog within the Town; and setting forth details in regard thereto. B. Ordinance No. 4, Series of 1989, second reading, an ordinance amending Section 16.24.010 of the Municipal Code of the Town of Vail to designate signs displayed on hot air balloons are exempted from the . sign code of the Town of Vail; and providing details in regard thereto. 3. Action on Vail Village Parking Structure Expansion Contract 4. Uail Valley Medical Center Request regarding Frontage Road Improvements CITIZEN PARTICIPATION 5. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 7, 1989 7:30 p.m. EXPANDED AGENDA 7:30 1. Ordinance No. 2, Series of 1989, second reading, relating to Peter Patten bed and breakfast operations Larry Eskwith Action Requested of Council: Approve/deny/modify Ordinance No. 2, Series of 1989, on second reading. Background Rationale: There is a desire on the part of PEC and Council to allow bed and breakfast operations in the Town under certain conditions and review processes. The ordinance makes the necessary changes in the zoning code to accomplish this. Staff Recommendation: Approve Ordinance No. 2, Series of 1989, on second reading. 7:45 2. Consent Agenda Larry Eskwith A. Ordinance No. 3, Series of 1989, second reading, Dick Duran relating to increasing the charges for impounding dogs Action Requested of Council: Approve/deny Ordinance No. 3, Series of 1989, on second reading. Background Rationale: The Town Council and the Dog Control Officer requested that the fee for impounding and keeping dogs be increased. Staff Recommendation: Approve Ordinance No. 3, Series of 1989, on second reading. Larry Eskwith B. Ordinance No. 4, Series of 1989, first reading, Peter Patten designating signs on hot air balloons for special events be exempt from the Vail sign code Action Requested of Council: Approve/deny/modify Ordinance No. 4, Series of 1989, on second reading. Background Rationale: The Council instructed staff several months ago to formulate an ordinance that would allow hot air balloon advertising in connection with special events. The staff has worked with all affected departments and Tom Davies and is ready for Council to consider the ordinance. Staff Recommendation: Approve Ordinance No. 4, Series of 1989, on second reading. 8:00 3. Action on Vail Village Parking Structure Expansion Stan Berryman Preliminary Engineering Contract Larry Eskwith Action Requested of Council: Authorize/deny Town Manager to execute contract. Background Rationale: The Transportation and Parking Task Force, in December, recommended that the Town proceed with the preliminary design of an expanded Village Parking Structure. The Town Council directed staff to negotiate a contract with Michael Parker & Associates on December 27. The proposed contract is enclosed for Council review. Staff Recommendation: Authorize the Town Manager to execute the contract:. 8:15 Dan Feeney 4. Vail Ualley Medical Center Request regarding Frontage Road Improvements Background Rationale: Dan Feeney wants to discuss with Council the Town's participation in Frontage Road improvements and to ask the Council to accelerate an engineering study and decisions on the future use of the existing Post Office building. (Please see enclosed letter.) 8:50 CITIZEN PARTICIPATION 5. Adjournment -2- Y ORDINANCE NO. 2 Series of 1989 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 18 OF THE VAIL MUNICIPAL CODE AND REPEALING AND RE-ENACTING SECTION 18.58.310, SHORT TERM RENTAL ACCOMMODATION UNIT OF THE MUNICIPAL CODE TO PROVIDE FOR BED AND BREAKFAST OPERATIONS UNDER CERTAIN PROVISIONS AND CIRCUMSTANCES AND TO DEFINE BED AND BREAKFAST AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to allow bed and breakfast operations under certain conditions and in certain locations within the Town of Vail; and WHEREAS, the Town Council finds that bed and breakfast operations operated under certain conditions provide high quality and desirable lodging appropriate for a resort community; and WHEREAS, policies within the Town of Vail Land Use Plan support the provision of high quality lodging utilizing existing facilities; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the zoning code changes contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section le Section 18.10.030 Single Family (SFR) District--Conditional Uses shall be amended to add the following: G. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 2. Section 18.12.030 Two Family Residential (R) District--Conditional Uses shall be amended to add the following: G. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58:310. d -. Section 3. Section 18.13.030 Primary/Secondary (P/S) District--Conditional Uses shall be amended to add the following: F. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 4. Section 18.58.310 Short Tez'm Rental Accommodation Unit shall be repealed and re-enacted as follows: No room in any structure or building located in any single family, two-family or primary/secondary zone district within the Town shall be short term rented, separately as accommodation units. Section 18.58.310 BED AND BREAKFAST OPERATIONS A. DEFINITION BED AND BREAKFAST' MEANS A BUSINESS WHICH ACCOMMODATES GUESTS IN A SINGLE FAMILY OR TWO FAMILY DWELLING IN WHICH THE BED AND BREAKFAST PROPRIETOR LIVES ON THE PREMISES AND IS IN RESIDENCE DURING THE BED AND BREAKFAST USE. A BED AND BREAKFAST OPERATION MAY SHORT TERM RENT SEPARATELY UP TO 3 BEDROOMS OR A MAXIMUM SQUARE FOOTAGE OF 900 SQUARE FEET OF THE DWEL]~ING UNIT. BED AND BREAKFAST OPERATIONS SHALL ONLY BE PERMITTED TO ACCOMMODATE A FAMILY AS DEFINED IN SECTION 18.04.110. B. LOCATION AND CRITERIA BED AND BREAKFAS'.C OPERATIONS SHALL BE ALLOWED AS A CONDITIONAL USE IN SINGLE FAMILY, TWO FAMILY, AND PRIMARY/SECONDARY ZONE DISTRICTS. IF PERMITTED AS A CONDITIONAL USE PURSUANT TO CHAPTER 18.60 OF THIS CODE, BED AND BREAKFAST OPERATIONS SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. THERE SHALL BE ONE PARKING SPACE FOR THE PROPRIETOR AND IN ADDI'T'ION ONE SPACE FOR EACH BEDROOM WHICH IS SHORT TERM RENTED AND ALL SUCH PARKING SHALL BE LOCATED ON SITE. 2. ENCLOSED TRASH FACILITIES AND REGULP,R GARBAGE REMOVAL SERVICE SHALL BE PROVIDED. 3. REMOVAL OF LANDSCAPING FOR THE PROVISION OF ADDITIONAL PARKING IS STRONGLY DISCOURAGED. 4. A MAXIMUM OF ONE RESIDENTIAL NAME PLATE SIGN SHALL BE ALLOWED ACCORDING TO SECTION 16.20.130 OF THE SIGN CODE FOR EACH BED AND BREAKFAST. 5. IF THE LOT OR SITE OF THE PROPOSED BED AND BREAKFAST OPERATION CONTAINS TWO DWELLING UNITS, THE WRITTEN APPROVAL OF THE BED AND BREAKFAST PROPOSAL BY THE OWNER OF THE OTHER DWELLING UNIT ON THE SITE SHALL BE SUBMITTED WITH THE APPLICATION FOR A CONDITIONAL USE PERMIT. C. VIOLATION IF THE DIRECTOR OF COMMUNITY DEVELOPMENT DETERMINES THAT THE PROVISIONS. OF THIS SECTION 18.58.310 OR ANY CONDITION OF THE CONDITIONAL USE PERMIT ARE BEING VIOLATED, HE SHALL GIVE NOTICE OF REVOCATION TO THE BED AND BREAKFAST PERMITEE IN WRITING DESCRIBING IN REASONABLE DETAIL THE VIOLATION ALLEGED TO HAVE BEEN COMMITTED OR TO EXIST AND SHALL SERVE THE NOTICE ON THE PERMITTEE IN PERSON OR BY FIRST CLASS MAIL AT THE ADDRESS LISTED IN THE APPLICATION FOR THE CONDITIONAL USE PERMIT. IF THE PERMITTEE DISAGREES WITH THE DETERMINATION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT A VIOLATION EXISTS, HE MAY APPEAL SUCH DETERMINATION BY FILING A WRITTEN NOTICE OF APPEAL WITH THE TOWN OF VAIL PLANNING COMMISSION NO LATER THAN 30 DAYS OF THE DATE OF THE NOTICE OF REVOCATION. AT SAID HEARING THE BURDEN OF PROOF SHALL BE WITH THE COMMUNITY DEVELOPMENT DIRECTOR TO PROVE THE NOTICE OF REVOCATION BY A PREPONDERANCE OF THE EVIDENCE. AFTER THE HEARING, THE PLANNING COMMISSION SHALL CONFIRM OR REVERSE THE NOTICE OF VIOLATION ISSUED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT. IF ANY PERMITTEE FAILS TO EXERCISE THE RIGHT OF APPEAL TO THE PLANNING COMMISSION, THE NOTICE OF APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR SHALL BE CONSIDERED A FINAL ORDER OF THE PLANNING COMMISSION REVOKING THE CONDITIONAL USE PERMIT. Section 5. It shall be a violation of the Vail Municipal Code for bed and breakfast operations to operate unless: 1. The operation has received a conditional use permit from the Planning and Environmental Commission. Section 6. Discontinuance Any bed and breakfast operation which is discontinued for a period of twelve months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform with the provisions of this title. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, zegardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 9. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 1 INTRODUCED, READ AND PASSED ON FIRST READING THIS 17th day of January , 1989, and a public hearing shall be held on this ordinance on the 17th day of January , 1989 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 17th day of January 1989. ATTESTe Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ATTEST: this day of 1989. Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk ORDINANCE N0. 3 Series of 1989 AN ORDINANCE AMENDING SECTION 6.04.240 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL INCREASING THE CHARGES RELATED TO IMPOUNDING A DOG WITHIN THE TOWN; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 6.04.240 of the Municipal Code of the Town of Vail is hereby amended to read as follows: Section 6.04.240 Impoundment - Notice - Charges Not later than seven (7) days after the impounding of a dog, the dog owner, if known, shall be notified in a reasonable manner, or if the owner of the dog is unknown or if the dog is a stray dog, a notice shall be posted at one or more conspicuous places in the Town for three (3) days describing the dog and the place and time of taking. The owner of the dog impounded may reclaim the dog only upon payment of the license fee, if unpaid, presentation of proof of vaccination as required, and payment of all costs and charges incurred by the Town for impounding and maintenance of the dog. No employee or officer of the Town or the Town pound shall release the dog to any owner without first obtaining license for the dog, proof of vaccination and payment for the impound fees and charges incurred. The following charges shall be paid to the Town pound or other appropriate official designated by the Town Manager for impounding any dog: For impounding $15.00 For keeping any dog $12.00 per day' For giving notice $ 3.00 The charges shall be in addition to any penalties imposed on the dog owner pursuant to the provisions of this Title 6. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of-Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this 17th day of January , 1989, and a public hearing shall be held on this Ordinance on the 17th day of January 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 17th day of January 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED OfJ SECOND READING AND ORDERED PUBLISHED this _ day of 1989• Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- a~ ~Q ORDINANCE N0. 4 Series of 1989 AN ORDINANCE AMENDING SECTION 16.24.010 OF THE MUNICIPAL CODE OF THE TOWN OF VATL TO DESIGNATE SIGNS DISPLAYED ON HOT AIR BALLOONS ARE EXEMPTED FROM THE SIGN CODE OF THE TOWN OF VAIL; AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail wishes to allow signs to be displayed on hot air balloons in connection with certain special events to be held within the Town of Vail; and WHEREAS, the Town Council believes that it will be beneficial to the health, safety, and welfare of the inhabitants of the Town to allow such signs to be displayed under the terms and conditions hereof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 16.24.010 of the Municipal Code of the Town of Vail is hereby amended by the addition of paragraph G to read as follows: 16.24.010 G. Signs displayed on hot air balloons which are associated with a special event as that term is defined in Section 5.20.100(6) of the Municipal Code of the Town of Vail pursuant to the following conditions: 1) The special event with which the hot air balloon is associated has obtained a special events license from the Town as provided for in Section 5.20.100 of the Municipal Code of the Town of Vail: 2) Any individual, business, partnership or corporation wishing to display banners on hot air balloons shall file an application with the Town Clerk on a form to be provided by the Town Clerk. 3) Aircraft liability insurance is obtained for the balloon covering bodily injury or death and property damage in an amount of not less than five hundred thousand dollars ($500,000) and not more than one million dollars ($1,000,000). All such policies shall name the Town of Vail as an additional insured and no balloon shall be allowed until said insurance policy or a certificate of insurance evidencing such policy is provided to the Town Clerk's Office of the Town of Vail. 4) Balloons are prohibited from being tethered or attached to the roofs of buildings, with the exceptions of the LionsHead Parking Structure and the Vail Village Parking Structure. ;y 5) Balloons shall be displayed only during the length of the special event with which the balloon is associated, or for seven (7) days, whichever time period is less. 6) The location requested by the applicant for the balloon shall be subject to approval by the Community Development Department. 7) During the period of time that the balloon is inflated, the applicant or his agent or employee shall be present at the site to insure that appropriate safety measures for the protection of the public are taken. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this 17th day of Januarv 1989, and a public hearing shall be held on this Ordinance on the 17th day of January 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 17th day of January 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- J, ~~ INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- town of jai 75 sou4h Frontage road Bail, Colorado 81657 (303) 476-7000 department of public v~rorics/transportation MEMORANDUM TO: RON PHILLIPS FROM: STAN BERRYMAN DATE: JANUARY 30, 1989 RE: VTRC EXPANSION CONTRACT TM V1.,1989 Attached is the revised contract for the expansion of Village Parking Structure to be placed on the Council agenda. Please call me if you have any questions. SB/njm ~ ~ 1 S tl' . i M I C H A E l BARBER ARCHITECTURE : 23 January 1989 Mr. Stan Berryman Department of Public Works/ Transportation 75 South Frontage Road Vail, CO 81657 Re: Vail Transportation Center Expansion Agreement Project fVumber 20988 Dear Mr. Berryman: As we discussed, we have revised and enclose a new agreement for your review and City Council acceptance. As we discussed with you and Larry Ekswith, City Attorney, we have: 1. Eliminated the termination expense penalties from Article 8. 2. Deleted the Arbitration Provisions of Article 7 entirely. 3. Added Insurance provisions as Article 11.1. 4. Clarified the presentation drawing exclusion at the end of Article 1. 5. Added indemnification provisions as Article 11.2.1 and 11.2.2. We have also, in Article 10, clarified the cost of the base map, as our letter of 9 January noted. Two copies with original signatures are enclosed so that you may return a signed copy for our files and you may retain one. Please let us know if you have any questions. Very truly yours, James O. Parker, Jr. ~'~" JOP/at (file.stanl9.ftr) cc: T. Thanos (1), Contract 20988 (2) J. Parker (1), Project 20988 (2) Vault 20988 MICHAEL BARBER ARCHITECTURE PROFESSIONAL C O R P O R A T I O N 1290 BROADWAY SUITE 600 DENVER COLORADO 80203-5606 TELEPHONE 303 837 0555 FACSIMILE 303 837 0600 _, ., THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8727 1979 EDITI®RI THIS DOCUMENT IS FOR USE WHEN OTHER B-SERIES DOCUMENTS ARE NOT APPROPRIATE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGItEENIENT made as of the Twenty-Eighth ~ day of December in the year of Nineteen Hundred and Eighty-Eight f3E1'V~/EEN the Owner: Town of Vail 75 South Frontage Road Vail, Colorado 81657 and the Architect: Nlichael Barber Architecture, P•C. 1290 Broadway, Suite 600 Denver, Colorado 80203-5606 For the following Project: Vail Village Transportation Center Expansion (Include detailed description of Project location and scope.) An expansion of the existing Transportation Center to accommodate approximately 400 cars, together with remodeling of the existing terminal building and parking structure. The Owner and the Architect agree as set forth below. Copyright 1972, ©1979 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Repro- duction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 6727 • SPECIAL SERVICES AGREEMENT • JUNE "1979 EDITION • AIA • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., ~h'ASHINGTON, D. C. 20006 6727 -1979 1 ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicable, as provided in Article 10.1 Services shall be performed in two phases: Phase 1 - Traffic Analysis Services includea A. Traffic data collection and operational analysis regarding the use and capacity of the existing Transportation Center. B. Development of alternative traffic planning concepts for the vicinity of the existing Transportation Center, C. Presentation to City Council of the results of Phase 1 services, in the form of a narrative presentation and a bound preliminary technical report to be presented approximately three weeks after execution of this agreement. Phase 2 - Concept Design Services will commence upon City Council acceptance of Phase 1 services and include: A. Preparation of a base map of the Transportation Center area, to describe existing conditions around and within the existing structure, This map is to be based upon information provided by ONmer (see Article 10.2), B. Preliminary Condition Appraisal of the existing Transportation Center. This analysis will address general structural, mechanical, electrical and operational matters but does not include quantitative technical studies such as concrete testing, air quality monitoring, etc. C. Development of alternative traffic concepts for the remodeling of the existing Bus Terminal area (upper level), D. Refinement of the alternative traffic concept alternatives presented in Phase 1, including demand forecasting. E. Development of preliminary estimates of probable construction cost, F. Presentation to City Council of the results of Phase 1 services, in the form of a narrative presentation and plan sketches, to be presented approximately four weeks after Council acceptance of Phase 1 services. These services do not include preparation of finished presentation renderings or models. AIA DOCUMENT 6727 o SPECIAL SERVICES AGREEMENT o JUNE 1979 EDITION o AIA® o ©1979 7HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 B727 -1979 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. 2.2 The Owner shall designate, •••'~~~ •~, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.3 The Owner shall furnish required information as ex- peditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 3 DIRECT SALARY AND DIRECT PERSONNEL EXPENSE 3.1 Direct Salary Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, but does not include the cost of contributions and bene- fits related thereto, whether mandatory or customary, as described in Paragraph 3.2, and included in Direct Per- sonnel Expense. 3.2 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pen- sions, and similar contributions and benefits. ARTICLE 4 REIMBURSABLE EXPENSES 4.1 Reimbursable Expenses are in addition to the Archi- tect's compensation and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: .1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Owner, .2 long distance communications, .3 fees paid for securing approvals of authorities hav- ingjurisdiction over the Project, .4 reproductions, .5 postage and handling of documents, .6 renderings and models requested by the Owner, .7 data processing and photographic production techniques when used in connection with Addi- tional Services, .8 expense of overtime work requiring higher than regular rates, if authorized by the Owner. ARTICLE 5 PAYMENTS TO THE ARCHITECT 5.1 Payments on account of the Architect's services, and for Reimbursable Expenses as defined in Article 4, shall be made monthly upon presentation of the Architect's state- ment of services rendered or as otherwise provided in this Agreement. 5.2 An initial payment as set forth in Paragraph 10.1 is the minimum payment under this Agreement. 5.3 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to re- ceipt of written notice from the Owner of such suspen- sion or abandonment, together with Reimbursable Ex- penses then due and all Termination Expenses as defined in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 6 ARCHITECT'S ACCOUNTING RECORDS 6.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a Multiple of Direct Salary or Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 7 ARBITRATION between the parties to this Agreement arising out of relating to this Agreement or the breach thereof, shal decided by arbitration in accordance with the Co tr tion Industry Arbitration Rules of the American rbi tion Association then obtaining unless the par ~es m ally agree otherwise. No arbitration arising t of or lating to this Agreement shall include, by onsolidati joinder or in any other manner, any addit nal person a party to this Agreement except by ~vr ten consent taining a specific reference to this A Bement and sig by the Architect, the Owner and a ~ other person sou to be joined. Any consent to rbitration involving additional person or persons s II not constitute con to arbitration of any dispute t described therein or ~ any person not named or escribed therein. This ag ment to arbitrate and an agreement to arbitrate with additional person or rsons duly consented to by parties to this Agree ent shall be specifically enforce under the prevailin arbitration law. u c- tra- utu- re- on, not con- ned ght an sent vith ree- an the able 7.2 Notice oft e demand for arbitration shall be tiled in writing with t other party to this Agreement and with the Americ Arbitration Association. The demand shall be made thin a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the d and for arbitration be made after the date when inst tion of legal or equitable proceedings based on s claim, dispute or other matter in question would be AIA DOCUMENT B727 ^ SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA® ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, "1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 8727 -1979 3 -- and judgment may be accordance with ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 8,3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all ser- vices performed to the termination date, together with Reimbursable Expenses then due, ~^-' ,~I T~-._.:~,,:~-- ~•• b Expenses directly attributable to termination f ich the Architect is not otherwise comp ed, plus an amount computed as a percent the compensation earned to the time of ter Ion, as follows: For Servi rovided on a Multiple of Direct Salary o ' ect Personnel Expense basis, 20% of the total ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise specified, this Agreement shall be governed by the law of the ^ ~I ~I,~~ ~' ~~~~~~~~~ ~' '''~~ State of Colorado. 9.2 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date payment is due to the Architect pursuant to Article 5. 9.3 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 9.4 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • JUNE '1979 EDITION • AIA® ©'1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 8727 -1979 4 ARTICLE 10 ' BASIS OF COMPENSATION The Owner shall compensate the Architect for the services provided, in accordance with Article 5, Payments to the Archi- tect, and the other Terms and Conditions of this Agreement, as follows: 10.1 AN INITIAL PAYMENT of Ten Thousand and No/100------------------dollars ($ 10, 000.00 ~ shall be made upon execution of this Agreement and credited to the Owner's account as follows: This initial payment will be credited to the last payment on the Owner's account. 10.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be com- puted as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify the services to which particular methods of compen- sation apply, if necessary.) Compensation shall be a stipulated sum of Thirty-Five Thousand and No/100 Dollars ($35,000,00) for Phase 1 services, and Thirty-Thousand and No/100 Dollars ($30,000,00) for Phase 2 services, for total compensation of Sixty- Five Thousand Ibllars. Included within Basic Services is compensation for the Architect's services related to base map (site survey) preparation, including preparation of requests for proposal, assisting in arranging for the survey work, and coordination of the work of the surveyor. Due to legal and insurance requirements regarding the performance of survey- ing services, the agreement to perform such services must be directly between the Owner and the surveyor. Payment for surveying services would also be made directly to the surveyor. 10.3 FOR REIMBURSABLE EXPENSES as descrik~ed in Article 4, and any other items included in Article 11 as Reimburs- able Ex enses a multi le of ne in times the amounts ex ended b the Architect the Architect's p - p wo-dive (1, 29 p y , employees and consultants in the interest of the Project. 10.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Nerc insert any rate of interest agreed upon.) One and one-half percent (1 , 5$) per month . (Usury laws and reryuirements under the Federal Truth in Lending Ac[, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.) AIA DOCUMENT B727 ^ SPECIAL SERVICES AGREEMENT ~ JUNE 1979 EDITION ~ AIA® ~ ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. ?0006 8727 -1979 $ 10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 10.5.1 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensa- " tion shall be equitably adjusted. 10.5.2 IF THE SERVICES covered by this Agreement have not been completed within four ( 4 )months of the date hereof, through no fault of the Architect, the amounts or compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS 11.1 INSURANCE The Architect maintains workers' compensation and employer's liability insurance of a form and in an amount as required by state law; comprehensive general liability and automotive liability insurance with limits of One Million Dollars ($1,000,000), and professional liability insurance with a limit of Five Hundred Thousand Dollars ($500,000). The Owner recognizes that the insurance market can be erratic and the Architect cannot guarantee that he or she will be able to maintain the coverages identified above, The Architect will endeavor to do so, within the context of prudent busi- ness practices, and will notify the Owner of any change in coverage no later than ten (10) calendar days after he or she becomes aware of such change. If coverage is withdrawn, or if the Architect decides to drop coverage because a replacement policy will afford inadequate protection and/or will require a significantly increased premium when compared to prior coverage, the Architect and the Owner shall .confer as .to_alternatives available, if any, and shall.bar- gain in good faith in an attempt to achieve conditions acceptable to both, 11.2 INDENIIVIFICATION 11,2,1 The Architect agrees to hold harmless and indemnify the Owner from and against liability arising out of the Architect's negligent performance of the work, subject to any limitations, other indemnifications or other provisions the Owner and the Architect have agreed to. 11,2.2 The Owner agrees to hold harmless and indemnify the Architect from and against liability, arising out of the Owner's negligent acts, errors and omissions in connection with the performance of this agreement. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT Michael R. Barber, President AIA DOCUMENT 6727 > SPECIAL SERVICES AGREEMENT • )UNE 1979 EDITION AIA® ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B727-1979 6 !1 a, MICHAEL BARBER ARCHITECTURE 23 January 1989 Mr. Stan Berryman Department of Public Works/ Transportation 75 South Frontage Road Vail, CO 81657 Re: Vall Transportation Center Expansion Agreement Project Number 20988 Dear Mr. Berryman: As we discussed, we have revised and enclose a new agreement for your review and City Council acceptance. As we discussed with you and Larry Ekswith, City Attorney, we have: 1. Eliminated the termination expense penalties from Article 8. 2. Deleted the Arbitration Provisions of Article 7 entirely. 3. Added Insurance provisions as Article 11.1. 4. Clarified the presentation drawing exclusion at the end of Article 1. ' 5. Added indemnification provisions as Article 11.2.1 and 11.2.2. We have also, in Article 10, clarified the cost of the base map, as our letter of 9 January noted. Two copies with original signatures are enclosed so that you may return a signed copy for our files and you may retain one. Please let us know if you have any questions Very truly yours, V C~.Uv~.Q.A (~~ ~(A11. ~LSt~ 1 ~ ~, . James O. Parker, Jr. (~p~,~~-L....,~ JOP/at ~ ~~'' (file.stani 9.Itr) cc: T. Thanos (1), Contract 20988 (2) J. Parker (1), Project 20988 (2) Vault 20988 MICHAEL BARBER ARCHITECTURE P R O F E S S I O N A L C O R P O R A T I O N 1290 BROADWAY SUITE 600 DENVER COLORADO 80203-5606 TELEPHONE 303 837 0555 FACSIMILE 303 837 0600 4 ~, THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document B727 1979 EDITI®N THIS DOCUMENT IS FOR USE WHEN OTHER B-SERIES DOCUMENTS ARE NOT APPROPRIATE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITFI AN ATTORNEY /S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREE(vIENT made as of the 'I'Wenty_Eighth ~ day Of December in the year of Nineteen Hundred and Eighty-Eight ~ETb!/EEN the Owner: Town of Vail 75 South Frontage Road Vail, Colorado 81657 and the Architect: Michael Barber Architecture, P.C. 1290 Broadway, Suite 600 Denver, ~lorado 80203-5606 For the following Project: Vail Village Transportation Center Expansion (Include detailed description of Project location and scope.) An expansion of the existing Transportation Center to accommodate approximately 400 cars, together with remodeling of the existing terminal building and parking structure. The Owner and the Architect agree as set forth below. Copyright 1972, ©1979 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Repro- duction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT D727 SPECIAL SERVIC[5 AGREEMENT • JUNE 1979 EDITION AIA^ ©1979 THE AMERICAN INSTITUTE OF ARChIITECTS, 1735 NEW YORK AVE., N.4V., WAShIINGTON, D.C. 20006 g~2~.-~9~g ~ ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means o! compensation to be used, it applicable, as provided in Article 10.) Services shall be performed in two phases: Phase 1 - Traffic Analysis Services include: 1 I A. Traffic data collection and operational analysis regarding the use and a ._. capacity of the existing Transportation Center, B. Development of alternative traffic planning concepts for the vicinity of the existing Transportation Center. C• Presentation to City Council of the results of Pk~ase 1 services, in the form of a narrative presentation and a bound preliminary technical report to be presented approximately. three weeks after execution of tY~is agreement. Phase 2 - Concept Design Services will commence upon City Council acceptance of Phase 1 services and include: A. Preparation of a base map of the Transportation Center area, to describe existing conditions around and within the existing structure. This map is to be based upon information provided by Owner (see Article 10.2), ` B, Preliminary Condition Appraisal of the existing Transportation Center. This analysis will address general structural, mechanical, electrical and operational matters but does not include quantitative technical studies such as concrete testing, air quality monitoring, etc, C• Development of alternative traffic concepts for the remodeling of the existing Bus Terminal area (upper level), D. Refinement of the alternative traffic concept alternatives presented in Phase 1, including demand forecasting. E. Development of preliminary estimates of probable construction cost F. Presentation to City Council of the results of Phase 1 services, in the form of a narrative presentation and plan sketches, to be presented approximately four weeks after Council acceptance of Phase 1 services, These services do not include preparation of finished presentation renderings or models. AIA DOCUMENT 6727 • SP[CIAL SERVICES AGREEh1ENT • JUNE 1979 EDITION AIA® ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 7735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6727 -1979 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. 2.2 The Owner shall designate, •••"^~ ~^~^ "-••, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.3 The Owner shall furnish required information as ex- peditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 3 DIRECT SALARY AND DIRECT PERSONNEL EXPENSE 3.1 Direct Salary Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, but does not include the cost of contributions and bene- fits related thereto, whether mandatory.or customary, as described in Paragraph 3.2, and included in Direct Per- sonnel Expense. 3.2 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and .the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pen- sions, and similar contributions and benefits. ARTICLE 4 REIMBURSABLE EXPENSES 4.1 Reimbursable Expenses are in addition to the Archi- tect's compensation and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: .1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Owner, .2 long distance communications, .3 fees paid for securing approvals of authorities hav- ingjurisdiction over the Project, .4 reproductions, .5 postage and handling of documents, .6 renderings and models requested by the Owner, .7 data processing and photographic production techniques when used in connection with Addi- tional Services, .8 expense of overtime work requiring higher than regular rates, if authorized by the Owner. ARTICLE 5 PAYMENTS TO THE ARCHITECT 5.1 Payments on account of the Architect's services, and for Reimbursable Expenses as defined in Article 4, shall be made mgnthly upon presentation of the Architect's state- ment of Services rendered or as otherwise provided in this Agreement. 5.2 An initial payment as set forth in Paragraph 10.1 is the minimum payment under this Agreement. 5.3 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to re- ceipt of written notice from the Owner of such suspen- sion or abandonment, together with Reimbursable Ex- penses then due and all Termination Expenses as defined in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 6 ARCHITECT'S ACCOUNTING RECORDS 6.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a Multiple of Direct Salary or Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 7 ARBITRATION between the parties to this Agreement arising out of relating to this Agreement or the breach thereof, shal decided by arbitration in accordance with the Co tr lion Industry Arbitration Rules of the American rbi lion Association then obtaining unless the par ~es m ally agree otherwise. No arbitration arising t of or lating to this Agreement shall include, by onsolidati joinder or in any other manner, any addit nal person a party to this Agreement except by wr~ ten consent c taining a specific reference to this A ~ Bement and sig by the Architect, the Owner and a other person sou to be joined. Any consent to rbitration involving additional person or persons s II not constitute cons to arbitration of any dispute t described therein or ~ any person not named or escribed therein. This agr ment to arbitrate and an agreement to arbitrate with additional person or rsons duly consented to by parties to this Agree ent shall be specifically enforcea under the prevailin arbitration law. u c- t ra- utu- re- on, not on- ned ght an ent vith Be- an the ble 7.2 Notice oft demand for arbitration shall be filed in writing with t oilier party to this Agreement and with the Americ Arbitration Association. The demand shall be made thin a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the d and for arbitration be made after the date when inst' lion of legal or equitable proceedings based on s claim, dispute or other matter in question would be nm DOCUMENT 6727 • SPEGAL SERVICES AGREEMENT JUNE 1979 EDITION • AIA'~ • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 8727-1979 3 and judgment may be 1 accordance with ARTICLE a TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 8.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all ser- vices performed to the termination date, together with Reimbursable Expenses then due. ,^~' -II T~-~- Expenses directly attributable to termination f Tich the Architect is not otherwise comp ed, plus an amount computed as a percent the compensation earned to the time of ter ~ Ion, as follows: For Servi rovided on a Multiple of Direct Salary o ^ _ ect Personnel Expense basis, 20% of the total ARTICLE 9 MISCELLANEOUS PROVISIONS 4.1 Unless otherwise specified, this Agreement shall be governed by the law of the ^~~^~ ,I ^I..,-„ ,.~ r.•.-:.,,. ~ .~~l~. State of Colorado• 9.2 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date payment is due to the Architect pursuant to Article 5. 9.3 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to tlTe oilier party to this Agreement and to the partn'e'rs, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 9.4 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT 6727 • SPECIAL SERVICES AGREEMENT JUNE 1979 EDITION • nln® • ©1979 THE AMERICAN INSTITUTE OF ARCFIITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B727-1979 4 ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect for tl~e services provided, in accordance with Article 5, Payments to the Archi- tect, and the other Terms and Conditions of this Agreement, as follows: 10.1 AN INITIAL PAYMENT of Ten Thousand and No/100------=-----------dollars ($ 10 000.00 ~ shall be made upon execution of this Agreement and credited to the Owner's account as follows: ~ This initial payment will be~credited to thellast payment on the Owner's account. 10.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be com- puted as follows: (here insert basis of compensation, including fixed amounts, multiples or percentages, and identity the services to which particular methods o! compen- sation apply, it necessary.) Cotttpensation shall be a stipulated sum of Thirty-Five Thousand and No/100 Dollars ($35,000.00) for Phase 1 services, and Thirty-Thousand and No/100 Dollars ($30,000,00) for Phase 2 services, for tbtal compensation of Sixty- Five Thousand Dollars. Included within Basic Services is compensation for the Architect's services related to base map (site survey) preparation, including preparation of requests for proposal, assisting in arranging for the survey work, and coordination of the work of the surveyor. Due to legal and insurance requirements regarding the performance of survey- ing services, the agreement to perform such services must be directly between the Owner and the surveyor. Payment for surveying services would also be made directly to the surveyor. 10.3 FOR REIMBURSABLE EXPENSES as descried in Afticle 4, and any other items included in Article 11 as Reimburs- able Expenses, a multiple of ~wo-~ive (1 , 25 times tl~e amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. 10.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) Q11Q and one-half percent (~ ,rJ$) per month. (Usury laws and requirements under the Federal Truth in Lending Act, similar stale and local consumer credit laws and other regulations at the Owner's and Architec('s principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should 6e obtained with respect (o deletion, modification or other requirements such as written disclosures or waivers.) AIA DOCUMENT B727 SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA~ • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASPIINGTON, O.C. 20006 B727._ 1979 ,r 10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 10.5.1 IF THE SCONE of the Project or of the Architect's services is changed materially, the amounts of compensa- tion shall be equitably adjusted. 10.5.2 IF THE SERVICES covered by this Agreement have not been completed within four ( 4 ) rnontlis of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS 11.1 INSURANCI; The Architect maintains workers' compensation and employer's liability insurance of a form and in an amount as required by state law; comprehensive general liability and automotive liability insurance with limits of One Million Dollars ($1,000,000), and professional liability insurance with a limit of Five Hundred Thousand Dollars ($500,000). The Owner recognizes that the insurance market can be erratic and the Architect cannot guarantee that he or she will be able to maintain the coverages identified above. The Architect will endeavor to do so, within the context of prudent busi- ness practices, and will notify the Owner of any change in coverage no later than ten (10) calendar days after he or she becomes aware of such change. If coverage is withdrawn, or if the Architect decides to drop coverage because a replacement policy will afford inadecluate protection and/or will require a significantly increased premium when compared to prior coverage, the Architect and the Owner shall .confer as_.to.alternatives available, .if any, and shall.bar- gain in good faith in an attempt to achieve conditions acceptable to both, 1 1 .2 INDEr'1NIFI CATI ON 11,2.1 The Architect agrees to hold harmless and indemnify the Owner from and against liability arising out of the Architect's negligent performance of the work, subject to any limitations, other .indemnifications or other provisions the Owner and the Architect have agreed to. 11.2.2 The Owner agrees to hold harmless and indemnify the Architect from and against liability, arising out of the Owner's negligent acts, errors and omissions in connection with the performance of this agreement. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT Michael R. Barber President AIA DOCUMENT B727 o SPECIAL SERVICES AGREE~1ENT • TUNE 1979 EDITION AIA® • ©1979 TFIE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE., N.W., WASIiINGTON, D. C. 20006 8727 -1979 6 ,~ veil valley ® nnediCal C~PI~'~P" February 2, 1989 Ron Phillips Town Manager 75 So. Frontage Rd. Vail, CO 81657 Dear Ron: 181 West Meadow Drive, Suite 100 Vail, Colorado 81657 (303) 476-2451 On January 31, we met with the Access Control Committee of the Colorado Department of Highways, regarding our proposal to construct a 22 level park- ing structure at the east end of the hospital and Doubletree property, with access directly off South Frontage Road. The state officials stated sev- eral times during the hearing that they were having difficulty evaluating our proposed design without more definitive information on future use of the building presently occupied by the Post Office, as well as improvements to the overly-steep access drive into the Post Office/Municipal lot. In view of this apparent impasse, we request the opportunity to appear before the Town Council on February 7, to ask the Council to accelerate engineering study and decisions on the future use of this property. In addition, the State is requesting improvements that seem to go beyond merely addressing any incremental impact the hospital could conceivably have on South Frontage Road traffic. Rather, some of these improvements appear to be mandated by long-existing deficiencies in the road. We would like to begin discussions regarding Town participation in these improve- ments. S' erel,~ Dan Feeney P ro~ett~+fi~ /ls cc: Peter Patten Ray McMahan Administrator W eY out¢ .o~im~',~nu7.uic}a/a~ a.!'/l~ ~~~! o !v! ~ o ~ // ,, c,~r~,e,~-,a. .f, ~i 0 cw /Isu.Gr. ~i~'aa...~ ~r' »..~~ ~~~~,~. v 1 `/ - `i ,~I `' ~ ~~ n / ~ A sp ~~ c.+. a// % - -//~i~/ ~'z-~ 1~~~ _ ~~` .~ Suborn of America would like to invite you rn n rece,~tion in celehrntion ofrhe 1989 WoddA,~ ~e Si,i Championships Friday, February 8, 1969 -~ 6:30 p.m. to 8:U0 p.m The fail Room The lodge at fail ~ flail. _.._.---- - .. -- REC~~ JAiV 3 1 1989- . ~... .. Page.2 -Colorado Skier -January ,1989 ' i~ ~ o + why. He has a television station to run in a } ~ t _ ~ highly competitive but economical) de- by John Edwards `": ' ~" ~ ` ; 'melts immediate) . Brin ~ ~ ~ `: pressed market. I d Y _ Y g your convention easily host the cross-country events: The oubt he ~s ready to give `:, Editor & Publisher ~ `here) y ~- up his impressive broadcasting career for .. ~-. `,;: , The wrong Colorado city is bidding for .' >_ As a member of the convention and AmericaneCross Country~Championships thVail, however, hasAmeri ' - :; the Winter Olympics. ,,, ''.' ca s premier ski :: +: •- visitors bureau I support this effort. We in the past. The maximum altitude restric- developers and organizers. Former Color- . Vail, not Denver, should be the Col- ``~ have become so paranoid about this lion was waived in 1972. Although 157 ado Ski Countr USA ex =~ orado city taking the longshot for theconvention stuff that we are aghast when it miles from Denver, Steamboat isn't that far Bob Knous heads the Va• ecutive director "~.: • r:.: Neither Denver, Vail, nor Colorado, in "` ~.' = :: Olympu bid' snows during a nationally televised Bronco- _ from Vail. There are also plenty of hotels lion and is organizing the World AIF ine Ski ~: -1: ;. ~'..;?~ my opinion, will get the designation, but game. -and condominiums .for the athletes and P _ - Now we have a small Denver Olympic spectators. Championships. They have experts such as ~ ~I;~.~, since our civil leaders seem determined to, : ,group.that is telling the world we are the For ]uge and bobsled, some promoters secure Bhe wor d ~harmpioenshioslanddoho follow this hopeless quest, we might as well ;snow and ice capitol of America. ~ have already discussed building such a Horan-Kates who envisione P J n :) '~. ;-: Colorado skiing. g .~ get some positive publicity for Vail and Who in the hell is in char a here? Does, combined facility in the Vail area. After all, tunity for Vail. They also raised the money i :.~ anyone in power talk to each other? •' they havethe hills, the snowmaking and ic- to get it done. Y Let me preface my opinionated remarks : ;=. Now for the fun, let's consider "little"~ ing equipment and the ability to use the When it comes to commercial endorse- j ~. .. _ -=°~, by explaining that I worked for the Denver. .::;; Vail as the host city of a future Winter .fool thing afterwards. '1 :` ;Olympic Organizing Committee in 1972 ::.:_.Olympics.. - ments and negotiating with major corpora- Speed skating could be held on Notting- lions, no one in the ski industry compares ..:~ and was there at its death. My associate _,`.::,. An Olympics must be hosted by a city; ham Lake in Avon. It is a real lake one mile with Jer ones. H editor, Sidney (Cornwall) Bullene, was the . ~` first employee of the Denver OI m ~c = not a state or nation. Consequently, in circumference which freezes hard and al- industry giant ande'bunloN'eexecutivetuice Y P~ ,, Denver's Mayor Pena must carry the torch: ready has a Zamboni surface finisher. If president of Vail and president of Beaver 7 - Organizing Committee and served- Vail has former President Gerald Ford to necessa a tem ora i ~ throughout as executive secreta No er- rl' p ry rink with pipes and Creek. Jones is the marketing and organiza- son in Colorado knows more about the n'• P help their Mayor Kent Rose. Some clout artificial ice could be created at the high tional genius that could make this work. Ol m ics, its eo le, comparison! school running track. We aren't talking Vail Associates owner George Gillett owns j - - Y P p p personalities and = :.; Both Vail and Denver would have the huge crowds here. rules. In short, we know the reality of the •- enthusiastic su a string of television stations and pub- . Olympic process and quite frankly, Col: Romer. He has the ]es ~ han enviable task McNi hols a Arenaa Oh elsure, DOlymp c the tchallenge would probably also jump at ::. - ~ ` orado doesn't stand a chance. ± of doin an thin '' Oh, we have the facilities, the mountains g Y g Possible to overcome the hockey needs a bigger rink, but that can be economic policies of his predecessor. handled. Also enough necessary practice is thelconfusedlmet opolist that1d vUeryone ~ and the reputation -the reputation for the Is Vail big enough? Sure, with some help rinks are spread around Denver. ~' _~ best skiing in America, but also the reputa- =: from Colorado, Denver and surrounding. Fi knows can't. That has already' been 't ~ lion as the only city in the history of the mountain towns. Lake Placid hosted the at McNichols agso.Iceeskatinggpe taaors proven. } :: Olympic Games to ever seek the honor to Winter Olympics twice and it isn't exact] a I host the games and then, once awarded, to Y are different than ski spectators. They NOW we actually have people asking i dump them. . -metropolis. Besides, Vail is the largest ski. don't all have to be rubbing shoulders to be for .a second chance before other cities In 1972, Colorado officials were accused -area in America and has a magic fairyland. . ha have their first chance. Olympic delegates I connotation. PPY• Actually figure skating and ice dan- who make these decisions are not exactly of rampant boosterism. They have now g P cing are not a big sport except every four I replaced that with economic ras [^ The bi roblem for the Winter Olym- years when ABC Sports deems them very embodied with the virtues of the true :. thanks to former Governor Richagd Lamm p'cs is how far the event sites (venues) are major. Olympic movement. They are probably . who rode to power by leadin the destruc- from the Olympic Village in the host city. Of course housing is a problem. But lust savoring the chance to repay Denver g From Denver, the distance has always been where else are there so many hotels, motels for the humiliation Colorado bestowed in . ~ tlon of the Denver Winter Olympic Games. a problem. Now, consider Vail as the and condominiums than in Vail, Avon, Now we look to the Winter Ol m ics that 1972' Y p center. Makes more sense doesn't it7 But since we are only talking imaginary were once going to "destroy Colorado's Summit County and even Glenwood environment" as the solution to economic The alpine events would be held on the Springs) The four-lane commute isn't that games here, Denver should pass the puck to woes same courses that are already approved tough. This is only for two weeks. Neither Vail and offer to provide McNichols Arena Since this idea won't go away, let's ex- and in use for the 1989 FIS World Alpine Vail nor Denver needs more new condomi- plus Mile High Stadium for the opening amine the situation. Ski Championships Jan. 29-Feb. 12. Instant mums or hotels. ceremonies and take a secondary role. Denver is spending millions on a new approval here. Vail has the Avon airport and the larger in Vail can bask in the recognitionpof hav- _ convention center. The Denver Metro The nordic events -ski jumping, cross- Eagle Airport. Fly direct. Avoid Sta leton ghosted the 1989 FIS lti orld AI ine Ski ' ~ I Convention and Visitors Bureau has dis- country, nordic combined and biathalon, P Championships, go to all the future events,' would be held at Steamboat Springs. or the imagined "Pena Port." be honored delegates at future Olympic I ' •. patched emissaries throughout the country Forget the possible site search game. 1've The key to this is the leader, the person Cames -summer and winter -and for • ~. expousing Denver's merits and explaining played that. Steamboat has the only 90 and that will drive this longshot to reality. My years promote Vail, Colorado . that we are not in the mountains, the sun 70 meter ski jumps in the state and no one old skiing partner Roger Ogden is now didate for the Someday Olympic Winter ' • ~••~ shines more than 300 days, and the snow - else wants to build them: Steamboat. can:; -heading the Denvei effort. I have no idea Games. ,•. _ I ~ ~ ~sn ~~x.~~o ~o.~ REC'" ~t a N ,3 1 1989 ~f~! ~I!If ~'1 '~ ~~I ~ - , ~ ~r. °' `rJ i i ~-~'. ~•~- ' •~ 3i~c~ ~i. "+t. "S~ Syr. :;Y. ...I~Y~ , Z,J •• q'.,;~, ,r i?~;,K~ ..,.;.,~.~; ..~, f ~;!;.r . .~r°orn orte prtar~9s irnpr~obable dr~arrr9 fail has ~~-o~~rz irtto Alrterica9s biggest ska t•~sort ~.,. :~., :cn `,. XSI' `~ ;~t fii~ ~q~, _} ~w 4j' r ~_ ,~e e f ~1 ~~_' R °j5~°J~'~ s ? ..'- ~~;...~. ~: . '-~. .~~, a°"d 7 .d '~c . ~ciU j T.~~~i .=Y~' .L •.« ~-~ THE VAIL MOUNTAIN THAT ..• ' •• HEN GEORGE G[LLETT', OwN£R OF THE 'i: Vai] ski complexut Colorsdo, de• ' ' ` s:ribes himself as the proud possessor of "one of God's special works," it's easy to disnuss this as just another self- ' aggrandizement by just another hyFsr- acquisiti~~e multimillionace who has became disgustingly ric't during this greed-driven decade of the'80s. However, Gillett happens to have something here. Vail is now America's biggest ski resort. Tt is also the busiest, the richest, the friendliest, the most popular and the most divorsc in skiable terrain. It is undeniably the best in terms of its far-reaching network of lifts; arguably the best in the grooming of its trails, in its ski school and in its marketing; and certainly top of the line when it comes to stratospheric pricing-daily lift tickets are $'35, private adult ski lessons are 565 as hour. Even all this doesn't qual- ify Vail as a divine work, any more than it would the other enterprises in Gillett's $1.5 billion empire, which includes 12 TV stations scattered across the U.S., from San Luis Obispo, Calif., to Tampa, as well as bank holding compa- nies, meat-packing operations, an oiI and gas distribution company, and Veil's sleeker, smaller and more luxurious neighbori~tg ski resort, Braver Creak. However, without putting too fine a metaphysical paint on it, let's agree that there exists iri every naauntain a God- given potential for specialness, for monutnetttality, if you will-a status to which tso TV station or ;neat-packing plant can ever aspire. Let's also agree that, God notwith- standing, monument status is sometimes conferred on. a mountain only after mere mortals have done something to make it famous, infamous or unique, Mount Rush_more be- ing the most literal example of this. Gitlett's Vail happens to be blessed this season with two man- SEI6ERT, WHO 110th made happenings that, though un- related, together will bring such an MlORKS AY MESR®Y aura of new splendor to the place ARROWHEAD, IS that no one should ever quibble about whether Gillett is the owner SYIIL A f~r~luaR ,. of a national manun~ent, FIGURE lId PAIL First is the expansion Of Veil's skiable terrain, into the vast exotic wastes of the China 13ow1 region, four dishes of open powder snow that stretch far beyond the resort's previously available trails and bowls. This was achieved as part of a capital investment of $15.4 million last year, including 54.5 million for the instal- lation of a state•of•the•art liigh•spccd lift. The addition of the 1,681 acres of China Bowl to the existing 1,x06 makes Vail larger than California's 3,500-acre A1am»~oth Moun- tain. formerly tl;e U.S,•s must sprawling ski area. All that open space in t11e back-b0~ti'1 0.1'ea, p1US Veil's marvelously groomed skiing terrain on the front side of the mountain, has moved the place into a class by itself. As if the blo•aout into China Bowl weren't enough, there's Veil's second happening-the ~VorJd Alpine Ski Charrtpiortships from Jun. 29 to Feb. 12. which will bring the 600 best ski rarers from 43 naticns to Vail for their most important biennial competition. This is the first time in ;, s~~~~, _ •~ ~^S,s`~r f ~ I ~ _ _ w tearly four decades [hat a C.'.S. ski area will host the :hampiorships. The. last tine was in 1950, when .Aspen. then an irnpov- crished iitt!e t~~ining-town jus[-turned-ski•se;vrt, did it and, in the praess. gained fia' itself a world•.~ide renown that still exceeds any Vail eatjoys. That will chance next week ~•ith global press ,nd TV coverage pf the champion- ships: henceforth, millions of people the wor'Id over ~~ill consider Vail the ccrtcrpiece ofskiit:g ill A;7et'ica, lrow That the moment is a!n7c~st Upon us, !t may' seem hat it ";a inevitable. But ~~hcn y'i?u look hack over Vr:il's :'ather c~: d past. you'll find th~.t its ri;e was never guar; r.• teed-.~re~cn pry likely. ~S vieHed from ~'ti1 ~'illage,.there is nothing irrpresstvc about ~',ii] ?~leunt~;n. Thrrc i:rc r.i~ great l~~en•,ing peaks, no snowy massif. l;o sheer rock +~'n!Js, r,o a~•alcjnche c}~utes. no walcrf:alls frozen into cr, zy ire sculptures. The Terrain rises in undramatic rolls and folds, show. ON NEw PEAR'S EYE, irg no scars from prehistoric volea• FIREWORKS LIT THE noes, no sigrs of ancient subterra- nean upheavals. If you clitnl~ed to SKYASOYEYAII, the I l.:50-foo[ summit, you would BOTH THE PAOl7NTAIN discover the plain truth about Vail hfountain: It's a docile, round- AND THE YiLIACE shouldered pile of earth, sand and ,,, sift racfc-"the humble cousin ridge." as a ]ckal writer ptit it--set between the sensational sa'y'-toothed majesties of the Gore and Sawatch ranges just t:ct~oss the valley to the north and east. l;ntil recently, iifc around fail was not much more in- triguing than the geologiCttl history of this big, soft hill. Jur,c Simonton, the local writef mentioned above, wrote lJl her tx~c~k L'vil • Srvr~~ of a Colv,•ado .~fountai~r Va!!c}', "Did geld strikes. cattle drives. or railroad batons figure in its 73 '-°~, past? \ot a: all. fail. it seemed, wAS an orphan with noth- ing tc Nail it into glace ir. the pattern of VJcsicrn history." $i:aonto.^. p.~ina out thAt the Gore Creek Valley, which lies at the fc>ot of Vail ~1ot:ntain. had always been isolated be• cause it '.~xs cut erT at one end by a l0,600•foot•high pass and At t`te other ,;' a ean~~on no tt•ider thar. a horse. The place chat is nOw Vail. ~~rolc Simer.tcn. "was a blank spot or. early Colorado :naps." It wasn't until the late 19th crntury that someone started putting na;,~es on the map, and the two men who came to tieure most prominently in the ncmenclature of the ra gion-Gore and Vail-were strange choices, Sir St, George Gore apparently ne~~er set foot in the mountains, the creek or the t•a!ley near Vail that bear his name, why anyone ~,~ s,, would even name an alley after him. let alone same of nature's best s~ ~~ s;:enery, is a wonder. Lord Gore NEW CHIaA 80W1 was a drunken Irish. baronet, boor- WILL CIYE !`AORE ish and filthy rich, a rapacious HOTDOGGERSA hunter who spent three years-and CHANCE TO TRY TO 5250,000-slaughtering animals throughout the west in the 1850s, CUT Tltlt ti4USTAP,D His cara~'an included 100 horses. • ~ - ,.~. ~'~ : a ``~ t:J ~• M .. .~; ,~. ~.,'c ., dozens of servants and guides, and gallons of liquor as well as a green and-white silk tent for his lordship furnished with a brass bedstead, a bathtub and acommodewith afur- lined seat. Gore and his party butchered countless elk, deer and buffalo, taking only trophies and leaving all else to rot where it fell, Thee there was Vail. That would be Charles VaII, chief engineer of the Colorado highway department from 1930 until his death in '45, a civil servant who spent his life su- pervisingthe paving of roads. He was known by hls friends as Charley, but not everyone was his friend, for he could be a stubborn cuss. In '39 Vail ignored the wishes of the resi- dents of the Rocky Mountain town of Salida and built a highway over a pass at a point they didn't favor. They couldn't do much about the road once it was finished, but when they heard that the pass was going to be named after Vail, they got mad. They petitioned the governor to get th® name changed, and they painted out the P on every sign that read ~'atL PASS. The governor quickly changed the name to Monarch Pass. Vail got a different pass, but it was located at an obscure spot far from Salida-at a place for- mcrly known as Black Goro Pass. Twenty years later the founders of a ski resort in the vi- „ cinity of Vail Pass were kicking around ideas for a name for their new cntcr• prise, Soneane sukgestcd Shining Mountains•••-the name the C)te Indians used for the Colorado rcgiun. But the president of the nea~ operation, a former ski lraopcr fren: [he 10th i•fount::in T)i- i vision narncd Pete Seii~ert, rejected that -~ ~:~:'. ;. idea. "When iru>untains shine," he saiii, tb ~ ~'~% ,~ r,~ka,. , "it means they're icy," And so, without .+.:::~: s ~ much further ac1o, the resort was called _ Vail. 4~1;~ ' • ~ `' ~ Jif anything it should have been o ~;%'; •.,. `'~: named Mount St. peter, or Ski Seibert, or f'ete's Peak, for no one did more to force Vail into existence and then push it into prominence than Seibert. I•Ie is now 64 and was long ago ousted from Vail Associates, the resort corporation created by him and his hell•for-leather skiing friends snd his pals from the 10th Mountain. 'Though he has Lived in Colo• redo, Utah or Switzerland for nearly all of the past 45 years, the Down East in- flections of Seibert's childhood home- town of North Conway, N.H., still tend to do funny thins with rs. So when he confessed rcccr.tly, "I've always had a bit of a mcssi;:h complex," the word came out "messiahr." I:ut the meaning «zs clear nnd, truth is, with anyone foss than A rr:essi:~h AI the controls, it's doubtful the[ Vail would hove been Cre- ated al all, Seibert came to Colorado early in World War XT when he joined the LOth Mountain Division at Csmp Hale, ,• .• a which w•as located about 20 miles from Vail Mountain. In 1945, Seibert saw combat in the Apennine mountains of northern Italy, Where he was hit bysmall-arms fire and two • mortar shells, one of which blew off his right kneecap. Do:- tats told him he n^.ight u•a[k again, but he would surely nev• er ski. Of course, messiahrs don't tr_lieve in bad news. By '47, Seibert was a ski instructor in Aspen. Ht was a mem- ber of the U.S. team in'S0 but did not race in the champi• onships, be:.ause he tore ligaments in an ankle just bcfora the competition. In Aspen he met s man named Eari Ea- ton, alifelong skier and sometime uranium prospector who ' was born on a homestead not far from Gore Creek Valley. Like just about everyone else living in the Colorado mo~n- tains during these booming postwar years, the two of them began making plans for a ski resort. As Eaton told Simon- - ton, "Tverybody in Aspen would talk about going out and ~ fiztding a ski area-the ski instructors and the ski bums- everybody had big ideas." For Seibert, these big ideas were :Wore than a matter of casual daydreaming. "I had first started thinking of run- ning aresort when I was 12 years old," he says. "In the ear- ]y 'SOs I went to the Hotel School in Lausanne for three years. There was nothing I wanted more in my life than to start a ski area:' In March 1937, Eaton, who had soured many moun- tains over the years in search of uranium, ]ed Seiber[ to a mountain he thought had all the aspects of a perfect ski area. No would-be ski-area entre- preneur had considered it before 61A-Yt'E4EEL.OfL6BTT because its balk wasn't visible From the valley. The two of them climbed ISM'T 1.ETT1uC in deep snow for seven hours to ttdEE REHAB e;EEP reach the summit. Once there they IIILlt FROR9 TE~D1~G stared in awe at the ti-ast bowls be- ~ low them and the stunning peaks of ~ls BuslMESSES the Gore Range beyond. Seibert says, "It was as good as any ski mouatairt %'d seen." Frarn there, the hard part began---cutting red tape and meeting the stiff requirements of the U.S. Foust Service to gain permission to lease the mountain from iho govern- ment; raising money Prom frugal friends and suspicious strangers; buying land from ranchers in Gore Creek Valley and buiidirg a sillage. "Everybody else thought we were crazy," says Seibert, "but we were convinced we could do any damned thing we decided to do," 'Ultimately they did do every damned thing they decided to do, and the cost for all of it-three lifts, including a gondola; trails; buildings; snow-grooming equipment; salaries; interest on loans- came to S1,SS0,000. That was big money in those days, but it is just one third the price of a single high-speed quad chafe lift today. Among the t 0th Mountain Division pals Seibert rectuit- ed for Vail was Robert Parker, a former editor of S'kttn$ magazine, He was Veil's first director of marketing and be- came alegend i.~t the business befor® his roeent retirement from Vail Associates. Over the years Parker was in on the creation of some of the ski industry's best promotional ideas, including the brilliantly successful Ski the Rockies campaign, which promoted ski packages with airlines and travel agencies, as well as as early 1960s series of interna- tional ski races that ultimately developed into the World Cup circuit. 2'arker was also a talented publicity man, and, thanks to his press releases and personal contacts, ski jour- nt{lists and industry flacks evorywhere wore pounding the drums for Vail long before the first lift ticket was sold. Still,.success was anything but guaranteed. Vail opened on Dec, lg, 19b2, precisely on schodule, but there was no snow in rho valley, and it was just ankle-deep on top of the mountain. Somo curious cowboys and their wives turned out to ride the lifts up and down just for the hull of it, and there were a few skiers. Seibert was askod recently if there ever was a time whon he had doubts about Veil's furor®. He didn't hesitate: "Yes. It was January 10, 19b3. Wo eollocted exactly $60 for lift tickets. Twelve skiers were on the moun- tain at $S dollars apiece." Suffice it to say, business never got worse, However, that day in 1963 wasn't the low point in Veil's history. That was ° to came on the cold, sunny morning of March 26, 1976, when four skiers died and eight were injured, some Serious- ly, as two gondolas plunged 125 feet to the ground. At the time it was the worst ski-area mishap in U.S, history. The cause of the accident was a frayed cable that tangled in the workings atop a lift tower. This bounced and buffet- ed rho cars passing that point until two were flung loose from the line and the whole lift jerked to a stop. After ad- minisiering to the victims on the ground, ski patrolmen clambered up lift towers and worked their way along the cable to lower to s<gfety no fewer than 176 skiers who were trapped in the 31 other cars. There were many heroes that day, but then came the lawsuits, demanding more than $SO million in damages. In the long run these caused more trouble and upheaval at Vail than the tragedy itself. Seibert says, "The gondola ac- cident and the high exposure to litigation facing the com- pany were a major reason the board decided to sell the company in the next few months. R'e had gone public with AT BUSY VAIl., THE the stock in 1966. I was still ch~ir• SHDWBOARDS FLY man of the company, but I had lose control. «'hen it came time to con- HIGH At;DTHE SKI sidrr SOr;1e Oilers to sell Out, the RACKS tRIGHTi ARE board made its decision bet:ause it FILLED EACH Hi(3HT wAS afraid of t?te liability we might a, ~o incur as a result of the accident." Later in ] 9i6, H,.rry BASS, An au- tocratic Texan whose money Came mostly from his family's ownership of a firm called Goliad Oil end Gas, purchased a controlling interest in Vail Asso- Ciates fir about S 13 million. "I l,er5ona11y didn't favor Hzr- j ry Bass," say's Seibert. "In fact, Tv'e:uieth Cenvtry Fox ~~'as very interested in buying Vaii. But the studio hadn't I'e- leased S'rc:r' ld%nrs yrt and came up short of B;as's bid. 50, Vail «cr.i to hir1~, much to my disappointment. If Srcrr l1'rroa had been out. maybe things H'nuld have been difieren[." Bass's takco~cr of Vail quickly led to Scibrrt's ouster. "}fiarry and Prte had a personality clash that µ'ouldn't let them be in the same state toFethcr t;[ the ::ar,~e time," says 78 one observer. Looking back at those bitter times, Seibert re• calls, "When I started Vail, I didn't necessarily plan on its being a lifeiimo commitment. But then when I had to leave, I suddenly discovered that I'd made a much deeper lifetime commitment to the place than I'd realized. It hurt to go." Seibar[ bought a small ski area in Utah called Snow Ba- sin and stayed there fpr seven years before returning to Colorado to work at (but not own) a new area called Ar- rowhead, As it happens, Arrowhead is 10 miles from Vail, and some sections of it lie adjacent to Beaver Creek. It was Seibert who hsd.arrsngcd the S4.4 million purchase of the Beaver Creek land in 1971 from a recalcitrant old rancher he had been trying to coax into selling for years. "I saw Beaver Creek as a little diamond in Veil's navel," says Sei- bert. He was in Utah when Beaver Creek opened in 1980. As for the gondola accident, all of the suits were settled out of court. The payout totaled only a fraction of the $50 million mentioned in the original suits, and most of the amount was covered by insurance, In 1984, Bass, too, was ousted from the chairmanship of Vail Associates, after an ugly confrontation with his children, whose trust-set up by him~ontroiled enough Vail stock to foreo Harry out. Bass had spent much of his time in Vail while he owned the place, but frionds say that he has not been back since he was dumped. Seibert says with a chuckle, "I keep telling Harry he should come back, Hell, if t could come back, it should be real easy for him." The Reverend Don Simonton (husband of June Simon- ton, the writer) has lived in Val! for 22 years. "I may tend to overromanticize tltc old days, but Vail. was built by guys who were in the ski business because they loved ski.ing," he says. "They winged it, They had fun. It was a matter of friendship as much as a matter of business. A corporate mentality took over after that, Now they plan everything constantly, The executives came and go, interchangeable people, They don't study the past. They come in equipped with all the answers about us without knowing our history, our character. An old cowboy friend of mine summed it up one®: `Vail Associates is run by. guys with M,B,A,'s and BMWs who come here, play a few sate of tennis, divorce Choir wives and move on.' " Simontori, a Lutheran pastor, works out of the village's Interfaith Chapel, a church ha shares with the congregs- tions ofsix outer denontutations, And how is it having a ski area as your parish? "Well, we have a Iot of pure and simple gold-plated hedonists around hire, a lot of people wha are wholly dedicated to remaining young and good-looking," he says, "There are a lot of people here, too, because they lovo rho mountains, love the West, Not everyone cares about skiing; the ranchers sure don't, I see this parish as a nunistry of reconciliation, building bridges between the dif- ferent subcommurities, between skiers and nonskiers, old• timers and newcomers, between hard-nosed businessmen who own expensive houses here and have-not local em• ployees who feel they'v® bean forced to move out of Vail be- causethey can't afford it." Vail is a company town. The ski resort is the only reason the place exists. Whet happens at VA, as the locals call'Vsil Associates, happens to ell 4,500 citizens of the town. Rod ' Slifer was one of the Seibert-era pioneers, and he also ser.'cd as mayor of ~'ai! frem 1971 to ~54. Whcn asked to Compare the various VA re- gimes, he say;, "I think Peter and George Gillett have simi- ]aritics. The :nountiiin and ski- ing interest then-,. and the ' quality of skiing co:ttes first. ~ HaI'ry I3ass ran it line a bust- ~' Hess. Hr didn't put money i~ back in the mountain, he ~, drained it otfi. Pctc and George ~ -• believe in the European idea of business: think of the fu• tune, think of your kids. This isn't a place to grab instant profits, it's along-term investment. I think George Gillett might be the best owner Vai! ever had. He has lots of mon- ey, he has lots of contact with the town, he makes people here feel good." Gillett, 50, is a short, stocky, bespectacled bundle of physical energy and business cvttngelism. He grew up in Racine, ~;'is., the only son of a wealthy surgeon, who fi- nanced George's expensive boyhood hobby of racing mo- torboats and sent him to Amherst College with the expe:- tation that he would study hard and become a doctor, It didn't happen. "I was a [errible student," Gillett says. "Among other things, I discovered the game of bridge and the women of Smith and Mount Hclyt~ke. I had never bccr. onside a disci- plined er.vironn;ent, a^d I x-as quite young and I was no g~ - at science eourscs. I didn't ~ Ounk out, but after thrca years my falhcr called rr;e back to 1~aCinC, He told me that I could continue to live at home, but that I was now completely on my own, He told me that if l: ~~ wanted a College education, I would have to do it alone, but that it didn't appear to him that I was much interested in college. He told me that somewhere I had got the idea wish [hose motorboats on the lake and cars in the driveway that money grew on tress. He also said that if I thought that I would ever inherit a dime of his money, I was wrong, because the Gillett tradition was that the money goes to the women of the family, and, there- fore, my sister would get whatever there was." Young Gillett found a job on the graveyard shift at the local American Motors plant, attended Dominican CoI]ege in Racine during the day, got a degree in liberal arts in 1961 and came to believe that his father's stern approach had been the best thing that ever happened to him. "Among other things, my father told me that whatever I did, I should always love it, and that I should try to help ., , •I , e people be happy if I could," he says. "By saying these things, he unburdened me from having to load a traditional life or follow traditional patterns." Gillett's Carly forays into business were traditional enough-first with a huge paper company, Crown ~eller- bach, as a salesman and then as an associate with a man- agement-consulting firm, McKinsey cQc Co. In 1966 tradi- tion went to hell. Gillett read a study about the coating boom in the leisure-time business in America and decided that his best opportunity lay in sports and leisure manage- ment. Six months later he called NFL cotnmissioncr Pcte Rozelle to ask if there were any teams up for Salo. Thera is still swe in Gillett's voice when ho rocslls that episode: "Rozelle actually took my call. Iwas--what?-27 years old, a kid from Racine. I always thought that maybe Pete mistook me for one ofthe rszor-blade Gillettes. My fa- ther always used to get a ]sugh by saying that we had one fewer a and a lot fewer G's than they did. Anyway, I was frank with Pote about who I was and what I had in mind. For some unknown mason, he took me seriously, and he told mo that a previously unsold 22 percent of the Miami Dolphins was availsble. Well, I had a little nest egg put away and I knew where I could get some other money, so, brash kid that I was, I phoned Joe Robbie, and he agreed to see me." GiUctt and one of the heirs to the Racine-based Johnson Wax fortune bought that 22% of the Dolphins, and in Jan- ttary 1967 Gillett moved to Miami to become business manager of ihe.team. "I did some marketing that winter €tnd. spring. Ticket sales rose. We drafted Bob Griese. ~'hings looked great," he says. 'But I saw exactly one Dot= phin game-that was an exhibition against Cho Broncos in July-and then I was gone." Opportunity had beckoned once again-a.n opportunity that was just as bizarre in its way as his buying into the NFL. He became president and general manager of the Harlem Globetrotters. Abe Saperstcin, the 'protters' founder and owner, had died in 1966, and the trustees of his estate decided in August'67 to sell the team. When Gillett hoard that, ho quickly sold his slice of the Dolphins, found another friendly angel to augment his own small fortune and purchased the Globetrotters for S3,710,000. "The problem with the team was not the show or the management," Gillett says. "The main thing wrong was that it was aone-generation attraction that appealed to middle-aged males, period. we had to broaden that audi- ence to include younger people and women." One of Gillett's first moves was to widen the T7ottery' TV exposure. Ho went to CBS and asked what kind of tat- ing numbers the network needed to break oven in prime time. "'They had to have at least an X in the ratings," Gil- lett says, "so I rashly countered by volunteering that if they didn't get YAILATTRACTS X, then we would do the show for nothing, but if they did better than SKIERS OF ALL ACES, X, they would pay the Giobetrottcrs WNO GO SC1iUSSINO for a series of prime-time shows. DOWN THE MINE AND 'They liked chat a lot, but, of course, I had taken a terrible risk." Not so TAKE TO THE AIR terrible, as it turned out. The Trot- o - •ir ~~~i` i~'-, C;~ tors' rztings were X and then same, which assured the team of primc•;ime exposure for several years. Still. Gillett wssr.'t satisfied. He «anted even more kids to sec his lovable basketball clowns. sc. he and Fred Sil~~er- man, the programming genius who rcn',ade netv<ork TV during the 19'Os. hatched the outlandish idea of creating a Saturday•mornit:g cartoon series ai+out the Trotters. This, too. worked. By the early ' ios the Globetrotters were net- ling 53 million a year, and Giiiett and hs three partners sold the team in '75 for mare than twice what they paid. Since then Gillett has simply become richer and richer as his business empit'e has become bigger and bigger. His 12 TV stations, which reach about 13~c of the U.S. audi• once, make up :he fourth-biggest television entity in the U.S., after the three major networks. A banker told Tire New l'vrk Times in 1988, "George is what Rupert Murdxh and t~7arvin Davis would like to be when they grow up." He's a master of business as it is practiced in the acquisitive 'SOs; For example, his 1?S7 purchase of six stations from Storer Commutucations for $1.3 bilLon was a joint venture with the takeover firm of Kohlbtrg Kr2vis Roberts & Co.; the deal was financed in part by the junk-bond experts at L7rexel Burnham Lambert. There's a sense that Gillett has only begun to build his empsre. He is constantly reaching out to Bathe: in a wider range of enterprises. Some critics refer to him as "a deal junkie," and there are plenty of skeptics (and xenophobes) around 'Vail who have no doubt that he plans to sell their mountain to the richest Japanese investor he can find the instant he thinks the price has peaked. Gillett t+ought the whole spread for 513 0 million in 1985 and has since pumped in some $SI,4 million, including the China Bowl project snd improvements at Beaver Creek, His Colorado kingdom is probably worth $400 million now, and even though the ski business in genera! is nearly flat, Vail stands as a megaresort that almost certainly will become stronger, bigger and richer in the years ahead. Nevertheless. Gillett says. '`Vail is the last thing I will sell-ewer, This is my family's home, and Vail will always be ours." His attachment to the mountains seems genuine, and his f scit:ation with the details and trvia of the ski business seeris boundless. He has a house at the foot of Vail 'Mountain snd lives there with his wife, Rose, and four sons, ages 13 to t 9. Although he can't ski anymore this winter lrcause he had knee surgery in December, he usually gets his kicks on the slopes, stopping to commiserate with any and all lost, confused or fallen skiers he comes across, chat- ting them up, helping them off tha mountain if they are hurt-and rarely identifying himself as the owner of the hill, "What I'm trying to instill in this place is an innate sense of hospitality," he explains. "We want our customers to love everything about their experience here-from their arrival at the airport in Denver to the smiles they see on the fares ofour lift attendants," v e oy ',..,, L ~:~ l ~C7~ Vail has never had the glitz-and-glamour flair that As- pen has always flaunted-and at one time this seemed a flaw, But in tae Gillett era the place is earnestly dedicated to promoting slow-key, earl}--to•bed, relentlessly whole- some form of apeas-ski. Children are cstered to with story- telling ski instructors, a costumed charact®r on skis called Sport Goofy and ski through amusement parks such as Fort Whippcrs.*tappcr. Vail marketing Ihcse days is also geared to sell skiing as a low-risk, easy-Living, even luxuri- ous kind of pastime chat is just right for the older folks-- pa;+icular!y the wealthy 50- to 70-year-old crowd. Mike Shannon, ?0, a whiz-kid former bank executive whom Gillett hired three years ago, is president of Vail As- sociates. He is a dead ringer for the 10-year-old Jay North playing Dennis the Menace, but he speaks with the rrtetaI- lic authority of the case-hardened M.B.A. that he is. "We want our skiers to be pleasure-ot7ented," he says. "what we are trying to implement is a program to take the intimida- tion out of skiirtg and introduce everyone to a greater com- fort level." This is s long way from the dashing, broken-lcgs•bo• damned image that the sport once projected, but risk-free comfort is what the new wave of skier seems to demand. Jem~ Jones, 46, the man in charge of the Beaver Creek ead of Vail As- UHDER GILLETT'S Sociatcs, has long boon considered ono of the best marketing brains in I>~l1HAQEFtEH1i,YHE the ski business. For 14 years he EA9PHISa15 AT VAIL was locked in fierce competition : !S OH IUXURY AS wtth Vail, first at Aspen's Snow- .. mass and then at another Colorado . AtUCH AS ON SKIINO resort, Keystone, "In the baby- /~_ 'i. ea boom years of the 1964s and '70s, the ski industry used to make its clientele jump through all kinds of nasty hoops to go skiing," he says. "We'd make it hard for them to get room reservstions, hard to get transpot~tation, hard to buy Lift tickets. But they didn't care. They wanted to ski in the worst way, and they'd go through anything to get on a hill. But no more. There are maybe eight million consistent ski• ors ir. the U.S. now, which means there are 235 million Americans who don't ski. In the past, we always turned out backs on that huge mass of people who didn't ski. We can't afford to ignore them anymore." Vail is selling the masses harder than ever. Gillett makes sure the resort gets plenty of exposure on his TV stations. Beyond that, Vail has begun a campaign to beef up the farm system of skiing-the local low-mountain, low•rent areas that blossomed during the boom years and gave new skiers their fiat cheap thrills before sending them on to the big leagues. In the past 10 yeah the number of ski areas op- erating in the U.S, has declined from 1,000 to 650. Gillett thinks resorts like Vail can help stem the tide by subsidiz- ingsome of the badly wounded little guys. To that end, Vail last year leased Ski Broadmoor, s small, struggling area outside Colorado Springs. Gillett says, "What I want is to make a model out of Ski Broadmoor, to find out what veil can do to give sustenance to the feeder system. There have to be ways to help; We could pool costs to get insurance cheaper, we could come up with generic marketing that would let several areas use the same ads by interchanging logos, we could lease our grooming equipment to a small area, we could send out our ski-school people to share Veil's .expertise. T3tere are so many possibilities, and it is such a critical challenge that I hope we can get more of the ski in- dustry involved. We have to." r "• r ~ In the course ~of such monologues, ~ •~ c Gillett becomes more and more enthusi- '` '~ . '' =' : astic. His chest expands, his eyes glisten, ' ~ ~ his hands fly about excitedly. This is his way. He goes on wish rising passion: ~ "We're not selling just skiing anymore, k we're selling entertainment! We're seIl- ing an entire entertainment environ• :'~ mcnt. And the most importt;nt thing in that environment is qualityl And quality has to come first. If you're bottom line- driven and you compromise on quality, '~ you have missed the point! If you worry about cost before you worry about quali- ty, you've gone wrong. This may be *~~~; what's wrong with a lot of American business, with the '1'v networks, wick the - 11 nut~mob;le Indus:ry, with the ski indus- ~:, lry! They don't demand quality+.•, .,,~.:~~~~ ~y new, he is fairly shouting. }i'is eves ~ are f exy. He's an evangelist ~~•hcn l:e ..~;~ gets going on suLjccts that mC~•C !:in]. ~ And if Fail really has ascended to the rank of n nntianal mor:ument, havin, it '- ~t~i'^: indhc!]ands~~f;;man~+aostandsupand ,. yells for quulit; is perhaps not such x bad arrangement. o Vail Fire Department Vail, Colorado 01~e fly u/ao ~, /~-~ ,Goan -Ea ~rwi~ l~a~a~ . uJe o~.~ ,.~-- (~,~ /~ , ~~ y~ ~ -~~ ~~~ t t~. ~.~,C ~~~ ~°~~ ~ ~f ~~ ~ v~ ~~~~ ~~~~_ ~~~ C:Y/a~u' ~,,.~9 down o ua~ 75 south frontage road mail, Colorado 89657 (303) ~7fi-7000 department of public worms/transportation M CPAl11l A Plrll IPA T0: Ron Phillips FROM: Skip Gordon DATE: February 1, 1989 RE: 1988 Ridership Compared to 1989 TM _ ~~~ . ~'" ,~ r _. '~;.: l VI.1989 Below are the statistics showing total ridership for 1989 compared to that of 1983 for the month of JANUARY. INTOWN. E. VAIL W. VAIL SANDSTONE 1988 328,507 35,952 64,077 4 ,149 1989 384,269 61,593 °4,484 34,668 Difference 55,762 25,635 20,407 13,481 17% UP 71°o UP 32% UP 28% DObJN Grand Total - Intown, E. Vail, W. Vail & Sandstone = 1988 476 691 Grand Total - Intown, E. Vail, W. Vail & Sandstone - , 1989 565,014 Difference ~ 88,323 18 % UP SG/slh cc: Stan Berryman Charlie Wick RECD F E B - 1 1999 ,",~~ D~s~~anc~ ~ge~~~ ®~ ~®~®~ad®g Inca Independently Owned and Operated Insurance Exchange Building 910 15th Street, Suite 1000 Denver, CO 80202 13031 534-2133 FAX: 13031 892-5579 January 26, 1989 Rondall V. Phillips, Town Manager Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Steve Barwick, Risk Manager Larry Eskwith, Town Attorney Dear Ron: I wanted to compliment Steve Barwick and Larry Es work they're doing in the area of risk management Obviously, Steve is involved with loss prevention his efforts have been recognized by our office as home office underwriter handling your account for of Insurance Companies. Continuous Since 1882 kwith for the fine loss prevention. on a daily basis and well as the senior The Hartford Group Because of the impression Steve made while attending a Loss Control Workshop sponsored by The Hartford, the premiums on your most recent General Liability and Automobile policies were reduced approximately $31,000. Larry, has also been instrumental in loss prevention by his thorough review of situations prior to a potential loss, rather than only becoming involved in the defense of a loss. I know of no "formal insurance suit" being filed against the Town since January 1, 1987. Considering all of the exposures you have, this i.s an outstanding accomplishment. I believe much of the credit goes to the "preventative maintenance" approach taken by Steve and Larry. Insurance Systems Unlimited Our Know/edge is Your Best /nsurancer"" r• p •*~ Insurance Agencyr of Colorado, Inc. Independently Owned and Operated Insurance Exchange Building 910 15th Street, Suite 1000 Denver, CO 80202 13031 534-2133 FAX: (3031 892-5579 page 2 January 26, 1989 Rondall V. Phillips, Town of Vail Town Manager Continuous Since 1882 I'd also like to thank you for your support of these fellows activities, which, even more importantly than saving the Town dollars, often prevents serious injuries and loss of life. Without top managements support, none of this is possible. Yo :are all to be commended! Be , r, g~d , I r~ I iq VVV~~~/ G Wi liam D. Adams, AAI President WDA/bt ~cc: The Town Council, Town of Vail Insurance Systems Unlimited Our Knowledge is Your Best Insurance'"" ~~1 ~~® ~~C9 ~~~o Po. BoX 1s67 Avon, Colorado 81620 January 26, 1989 Honorable Mayor and Town Council Members Town of Vail 75 Sa Frontage Rdo Vail, Co: 81657 Dear Honorable Mayor and Town Council Members: On behalf of the Board of Directors of Echo Ranch, I wish to extend our greatest appreciation and heartfelt thanks for the Town of Vail's generous donation of $2,000°00 for 19880 Your support of Echo Ranch is tremendous and a great contribution to the communityo Thank you for supporting the "home for kids who cannot go home"< Sincerely, ~- ~ ~~ Kevin Lindahl President of the Board R~'D FE6 ®1 1~~~ A Colorado not for profit corporation. January 31 ,. 1989 RE: Vail Valley Marketing Committee Dear Vail Council Member, REC'` FEB - ~ ta~a I am writing this note to explain my missing out during the interview process today for the Vail Valley Marketing Committee position. I am very disappointed that I could not arrive in time for interviews, however, I was lead to beleive that since I was unable to be at the work session at 8:30 that I could arrive late and still make the interviews. In fact, I was under the impression that if I didn't meet with council today that I could set an interview for another time. I was never told there would be a vote today! I was quite surprised when I arrived, to find council voting already. I was not notified of the interview until /~,c ,.ue~ ~~'-G ~ Monday - less than 'L4 hours before the interview. As it turns out, I ;,,,~~cr'f.,~c<~~I/~c~,o.~c already had two other appointments scheduled and could not possibly arrive v~.` :ham ~ic..l~~a,~. before loam. I explained that to Brenda and she said that myself and one other person who could not make the interview. I was then told that Ron Phillips would explain this to council and council would decide when another interview could be set. I am taking this time to write for a couple of reasons. First, I feel that the council should see that the correct information is passed on to the applicant so that all applicants are fully aware of the process. Second, the town staff should have explained that I was informed incorrectly and advised the council not to vote before having the opportunity to interview all applicants. I don't want this to sound like sour grapes, however, I was very dissapointed and felt it was important that the council realize that I made every effort to be interviewed in accordance with the information I was given by town staff. I would also like council to know that I would like to apply for any future committee appointments and was not .being disrespectful with my lateness today. While on the subject, I would like to suggest that council re-define their criteria for the selection of the marketing committee appointees for the future. Of the three appointees made today, only one of those p.o. box 1805 ~ ail, Colorado 81658 (303) 476-7238 appointees (as far as I can tell) are paying the marketing fee. I think that the appointments should be made from those businesses/individuals paying the fee since they will have the vested interest in the marketing plan. Secondly, shouldn't there be a criteria that we have representation from small businesses for at least two of those seats since small business seems to be picking up the majority of the marketing fee bill? Again, I am very sorry not to have arrived on time. However, I would like to be considered for any future positions to the summer marketing committee. Cordially, • Y ~ Debbie K. Marquez cc: Ron Phillips TOWN OF VAIL MEMORANDUM TOe Ron Phillips Town Council Members FROM: Steve Thompson DATE: January 30, 1989 RE: Approval of Bonus Per the Town Council's request to approve all new banks and savings and loans prior to opening any new accounts, we ask that the Council approve the use of the following banks to purchase a certificate of deposit. These banks have met the standard selection criteria established by the Investment Committee. Please let Charlie or myself know if you have a problem using the following banks. If we do not hear from you, we will assume that you approve using the following bankse SAFRA National Bank (New York) Atlantic Bank & Trust (Mass.) Columbia Savings & Loan (Calif.) cce Charlie Wick Q FE® - 2 ~g8 9 EAGLE COUNTY TV TRAPISLATOR COMP'lITTEE MEETING NOTICE ``~ ~- ~" ~ THURSDAY, FEBRUARY 9, 1989 ~ G~ 12:00 NOON 1~ ~ "~"D AVON TOWN COUNCIL CHAIviBERS AGENDA 1. REVIEW SERVICE PLAN DEVELOPb1E:IT 2. REVIEV,1 LEGAL STATUS FO'_Z DISTRICT FORMATION 3. REVIEW FINANCIAL REPORT 4. OTHER BUSINESS 5. READING AND APPROVAL OF JANUARY ]2, 1989 MINUTES 6. ADJOURNMENT V 't MINU~rEs EAGLE COUNTY TV TRANSLATOR SYSTEM COMMITTEE MEETING January 12, 1989 COMMITTEE MEMBERS PRESENT: Jerry Uavis, Glen Ewing, Mike Metcalf, Jeff Heermans, John Martinez, Mike Cacioppo, PUBLIC PRESENT: Bill James, Avon Town Manager; Norm Wood, Town of Avon Director of Engineering; Peter Kostes, KZYR/ABC Times; Mike Holberg, Vail Golf Course Townhomes; Stan Bernstein, Stan Bernstein & Assoc., Inc.; Dee Wisor, Sherman and Howard, Ralph Davis, Homeowner The meeting was called to order at 12:15 PM. Norm Wood stated that the first agenda item to be discussed is the proposed budget. He stated that before a commitment could be made the funding should be in hand and possibly by the end of the week it should be in place. Ne stated that they had just received an additional $200.00 from the Town of Redcliff, bringing the revenues up to $25,700.00. In addition, a number of the lodges have committee additionai funds to be used for promotion if needed. Mr. Wood stated that Dee Wisor with Sherman and Howard was present to review their proposal for legal services for formation of the district and Stan Bernstein to review his proposal for financial planning services. Discussion followed on the proposed hudget, Mr. Wood stated that the major part of the budget will be the 1ega1 and financial services. He stated that some of the areas that the Committee will have to be very careful with are the engineering for the district boundary and service area. He stated that he had checked with a number of sources regarding the election costs and the proposed budget is pretty close there, but one of the requirements is written notification to all property owners within the. district and that will probably make the notice and publication costs more than the $500.00 allotted. He stated that he would like to see a higher contingencies amount also. Discussion followed on the notice and publication costs. The general consensus was that it probably would be about $2,OOO.UU. Discussion followed on the overlap situation with other districts. Dee Wisor stated that part of his services will Eagle County TV Translator System Committee Meeting Minutes January 12, 1989 Page 2 be to determine what each district is authorized to provide. Discussion followed on the possibilities of any municipality stopping the formation of a new district to provide TV service and the fact that the County Commissioners have to approve the service plan. Uee Wisor state that his impression from the meeting with the County Commissioners was that they didn't want to spend any County dollars on a special district, but that they didn't seem to oppose the formation of the district with other funding. Discussion followed on the matter of the Town of Vail Council opposing the district. Michael Cacioppo asked if the Committee was willing to make a commitment to take care of the problem areas of East Vail and West Vail since they feel that Vail will be paying the majority of the costs. Discussion followed on the translator sites that would be needed in those areas. Service commitments would be covered in the service plan. This commitment was also stated in the Goals Statement. Discussion on the fact that once a district board is elected, they will be the ones to make commitments. Jerry Davis stated that he would be willing to work with Mr. Cacioppo to make a presentation to the Town of Vail to solicit their support. Discussion followed on how a million dollars could be raised with a mil levy. Discussion followed on who would be allowed to vote on the district. Dee Wisor stated that they have to be Colorado citizens, all out of state ownership cannot participate. They will have to reside within the district boundaries or own taxable real or personal property in their individual name, within the district boundaries. A shareholder in a corporation cannot vote. Discussion followed on the election of the board members for the district. Dee Wisor briefly described his experience in this type of service. He stated that they would put together ali documentation, with the exception of the service plan, but that they would cooperate with that by working with Stan Bernstein, who will be the principal drafter of the service plan. They would be involved in the legal documentation associated with the district, which includes drafting all notices and seeing that all publications are done. They would also appear before the Board of County Commissioners and District Court as needed. He stated that he felt that their fee could be somewhat less to the extent that local counsel is involved. Also, to keep the fee down, he would not bill for any travel time back and forth. He will bill only for time actually spent working on the process. He then briefly described timing for the steps that needed to be followed to form the district. Eagle County TV Translator System Committee Meeting Minutes January 12, 198y Page 3 Discussion on the timing for a bond election followed. If the formation of the district is approved in May, the next date a bond election can be held is in the fall. Discussion followed- on holding a bond election versus doing a leasejpurchase for the equipment. A lease/purchase could be done and then at a later date go for a bond election. Discussion followed on the timing on the licenses and the locations for the licenses. Further discussion followed on approaching the Vaii Town Council and the other districts and the need to have more information before approaching them. It was suggested that officers for the Committee be appointed at this time. Mike Metcalf moved to authorize Uee Wisor and Stan Bernstein to proceed with the first steps in preparing for the formation of the district. Jerry Davis seconded. The motion carried unanimously. Jerry Davis moved to appoint Mike Robinson of the Marriot and Lynn Weas of Christi Lodge, as new members of the Committee. Gien Ewing seconded. The motion passed unanimously. Glen Ewing nominated Jerry Davis for Chairman, Mike Cacioppo seconded. With no further nominations forthcoming, Mr. Uavis was unanimously appointed Chairman. Glen Ewing nominated Mike Metcalf for Vice Chairman. Jeff Heerman-seconded. With no further nominations, Mr. Metcalf was unanimously appointed Vice Chairman. Glen Ewing nominated Norm Wood as Secretary-Treasurer, at the same time appointing him as an official member of the Committee. Mr. Wood was unanimously appointed as a member and Secretary-Treasurer. .The Committee then asked Stan Bernstein to review his proposal. Mr Bernstein first reviewed his experience in this field. He stated that he would develop a comprehensive financial plan and this plan would become an appendix to the service plan. He would also draft the service plan under Dee Wisor's guidance. He would be available to testify, which is a requirement. The time schedule was discussed. Mr Wisor and Mr. Bernstein stated that they could probably have a draft done within a month. -The Committee directed both Mr. Wisor and Mr. Bernstein to proceed immediately. Discussion followed on setting a regular meeting date. It Eagle County TV Translator System Committee Meeting Minutes January 12, 1989 Page 4 was decided to set the second Thursday of each month as the regular meeting date. The next regular meeting will be February 9, 1989. It was suggested that some of the members should meet-more often than that to accomplish all that has to be done. It was decided that the meetings will still be held at noon. Norm Wood stated that one of the things that needs to be determined for the service plan is the boundaries. Discussion followed on the Bond-McCoy area. Glen Ewing will contact the residences in that area to get a feel for the desire for such service. Mr. Weed stated that he had contacted Garfield County, which provides service to that area at this time at no charge. He stated that they have no problem providing the service to Eagle County at no charge, unless their costs rise drastically or if they go to a microwave. If the area is not included in the district at this time and they decide at a later date that they would like to be included, it can be done. Mr. Wood stated that another area that needs to be considered is the area from Wolcott up Highway 131. He stated that by eliminating the Bellyache site it would cut out the area up Highway 131. Discussion followed on the sparce population in that area. He then described how, by moving some of the licenses, more areas could be covered. He stated that a total of 13 new licenses would be needed to bring everything up to the five channel system. Further discussion followed on moving the licenses to various locations. Discussion followed on the coverage for the Town of Gypsum and also for the Town of Eagle. Mr. Wood stated that another area that needs to be considered is the Lake Creek area, in that it would require a specific site to cover this area. At this time there is no indication whether the residents would be interested in being included in the district. The Homeowners Association needs to be contacted. Further discussion followed on the elimination of the Belly- ache site and the effect on the Wolcott area. It was suggested that the Wolcott area, Beaver Creek and the Eagle River Estates in Gypsum be excluded. Discussion on what else would be needed for the service plan followed. The meeting was adjourned at 1:45 PM Respectfully submitted, .° Charlette Pascuzzi Secretary p• a TV TRANSLATOR COMf1ITTEE f•1EMBERS (REVISED) Town of Eagle: Glen Ewing P. 0. Eox 665 Eagle, CO 81631 328-5400 ~rJillie Powell/Alternate P. 0. Box 609 Eagle, CO 31631 328-6354 Eagle Valley Television Corp.: Mike Metcalf - Vice Chairman P. 0. Box 399 Eagle, CO 81631 328-6244/Office 328-6989/Home Town of Vail: *** Michael Cacioppo 75 S. Frontage Road Vail, CO 81657 479-2100/Office 476-7368/Home Merv Lapin or Eric Afeldt/Alternates 75 S. Frontage Road Vail, CO 81657 479-2100 Town of Minturn: 3111 Sweeney P. 0. Box 309 f1inturn, CO 81645 327-5645/Town Darrell lyeigert/Alternate P: 0. Box 309 f1inturn, CO 31645 827-5645/Town Town of Redcliff: John Martinez Box 3 Redcliff, CO 81649 327-5847 Jeff Heermans/Alternate Box 122 Redcliff, CO 81649 827-4109 Edwards/Arrowhead: Kevin LJhelan P. 0. Box 111 Edwards, CO 81632 479-2250 or 2257 926-3596/Home *** Also Send Copies of Minutes/Agendas To Ron Phillips, Town Manager, Town of Vail TV TRANSLATOR COMP1I'fTEE i~1EMBERS (REVISED) (CONTIPJUED): The Marriot Mark Resort: Mike Robinson 715 Lionshead Circle Vail, CO 81657 476-4444 Christi e Lodge : Lynn l-leas P. 0. Box 1196 Avon, CO 81620 949-7700 Town of Avon: Jerry Davis - Chairman P. 0. Box 5559 Avon, CO 81620 949-0103/Office Norm LJood - Secretary/Treasurer P. 0. Box 975 Avon, CO 81620 949-4280 Bi11.James/Alternate P. 0. Box 975 Avon, CO 81620 949-4280 January 27, 1989 Town of Va i 1 Mr, Pete Burnett Public Works Dept, 75 S, Frontage Road Vail, Colorado 81658 Dear Mr, Burnett, The Town of Vail Snow plowing ordinace was devised and written .~c -vith some very specific purposes in mind> The first of these was to protect the enviornment of Core Creek, After early years of snowplowing from parking lots and such into Gore Creek and into direct run-off areas to tf~e creek it was determined that the creek was rendered inhabitable to the fish life because of the excessive carbon-monoxide contained in this plowed snows Thus this practice was -required to cease. It was also specifically mandated in the TOV ordinances, 1133, that all plowed snow is to be stored on the property of each owner, and not to be pushed on to any "public street, way, park or green belt area"e As you can see from the picture taken on west Forest Road, directly across from the Upper Eagle Valley Water and Sanitation plant they have been violating all aspects of the snow plowing ordinance, They are not only depositing their parking lot snow on a green belt area, they are also violating the natural habitat of Gore Creek by placing the snow in the direct runoff ditch tf~at leads directly to Gore Creek, An additional hazard is being created by this illegal pile of snow in that it inhibits the use of the bike/ski path that leads off from the north side of the bridge orr west Forest Road. Not only should the upper Eagle Valley be cited for this violation of the Town of Vail Ordinances immediately, they should be required to remove the existing snow ,pile, We would appreciate yorx'immediate attention to this matter., Sincerely, Concerned Citizens of Vail cc/ Vail Town Council / Oanuai•y 27. 1989 Town of Vail Police Department Mr. Ken Hughey - Police Chief Box 567 Vail, Colorado 81658 Dear Mr. Hughey, We would like to bring to your attention a blatent violation of the TOV snow plowing ordinace. , This ordinace was devised and written with some very specific purposes in mindo The first of these was to protect the enviornment of Gore Creek. .After early years of snowplowing from parking lots and such into Gore Creek and into direct run-off areas to the creek it was determined that the creek was rendered inhabitable to the fish life because of the excessive carbon-monoxide contatined in this plowed snow. Thus this practice was required to cease. It also was specifically mandated in the TOV ordinances, #33, That all plowed snow is to be stored on the property of each owner, and not to be pushed on to any "public street, way, park or green belt area". As you can see from the picture taken on west Forest Road, directly across from the Upper Eagle Valley Water and Sanitation they have been violating all aspects of the snow plowing ordinance and plowing their snow off their property, across the street onto the entrance to the bike path, and onto green belt area. In addition to depositing their snow on a green belt area They are also violating the natural habitat of Gore Creek by placing the snow in the direct runoff ditch that leads directly into Gore Creek, An additional hazard that is being created by this illegal pile of snow is that it inhibits the use of the bike/ski path that leads off from the north side of the bridge on west Forest Road, Not only should the Upper Eagle Valley be cited for this violation of the Town of Vail Ordinances immediately, tf~ey should be required to remove the existing snow pile. We would appreciate your immediate attention to this matter. Sincerely, Concerned Citizens of Vail cc/ Vail Town Council ~ - . ~ :~ 4 ; - ~ ,16E11A .: .. t xr ° ~®o -Mr° Rennet f uerstaue~ ._: ~: ~ - ~ . Seelbach Organising Committee ~ - CCe John Dakino Press Chief Kevin Payneo Ceremonies Committee Dave Sehindel, Edueation Committee From; Msa Mie Jaekels Organising Committee Date: January 31° 1989 ~odey I Deceived a phone sell from Miso Jennifer Duffy in Enciniteso Californian Her brothero Christopher Duffya had found a balloon from the Opening Ceremonies AONight of Dreams°°o and she contested us to find out arhat the card said in German, 1'he eaDd ass Britten by Seppi KendleDo 8 years oldo fro~a Saalbacho and Deedso °AMein gDOess$eP Wunseh isto dass es keiner Krieg meter gibto00 I' told JennifeD that this means that the ehild°s greatest wish is that there could be no more mar in the rorldo I also told them that they eould con.t.asS_~~3zt_~.t._t.h~addr.~s.s~o_n__the eaP_d4.. i f they .sou l d l i ke _to - to l-l---h i m---the-t---they--f~t,nd--h-~s--dream _ ShiDl~~ CCeeneD is the mother of the children0 and the family can be beached in Eneinatas at--(619)- 753®85790- --------- --_- ------ --_._ __ If yon have any questionso please call me at X76-9500m q L' Uh~~~ ~®~o 1 a i ~ ~ - e ~. !~ ~flICHAEL BARBER ARCHITECTURE 23 January 1989 Mr. Stan Berryman Department of Public VNorks/ Transportation 75 South Frontage Road Vail, CO 81657 Re: Vail Transportation Center Expansion Agreement Project fVumber 20988 Dear Mr. Berryman: ~~ U D As we discussed, we have revised and enclose a new agreement for your review and City Council acceptance. As we discussed with you and Larry Ekswith, City Attorney, we have: 1. Eliminated the termination expense penalties from Article 8. 2. Deleted the Arbitration Provisions of Article 7 entirely. 3. Added Insurance provisions as Article 11.1. 4. Clarified the presentation drawing exclusion at the end of Article 1. 5. Added indemnification provisions as Article 11.2.1 and 11.2.2. We have also, in Article 10, clarified the cost of the base map, as our letter of 9 January noted. Two copies with original signatures are enclosed so that you may return a signed copy for our files and you may retain one. Please let us know if you have any questions. Very truly yours, J cQ..w~ee ~, ~c~-~C~n , J ~ . James O. Parker, Jr. ~~' ``~`°' JOP/at (file.stanl9.ltr) cc: T. Thanos (1 ), Contract 20988 (2) J. Parker (1), Project 20988 (2) Vault 20988 MICHAEL BARBER ARCHITECTURE PROFESSIONAL C O R P O R A T I O N 1290 BROADWAY SUITE 600 DENVER COLORADO 80203-5606 TELEPHONE 303 837 0555 FACSIMILE 303 837 0600 THE AMERICAN INSTITUTE OF ARCHITECTS t~; AIA Document 8727 1979 E®1Tl®N THIS DOCUMENT IS FOR USE WHEN OTHER B-SERIES DOCUMENTS ARE NOT APPROPRIATE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEIV9ER1~' made as of the Twenty-Eighth day of December in the year of Nineteen Hundred and Eighty-Eight ~E~V~EEN the Owner: 't'own of Vail 75 South FYontage Road Vail, Colorado 81657 and the Architect: Michael Barber Architecture, Pecs 1290 Broadway, Suite 600 Denver, Colorado 80203-5606 For the following Project: Vail Village Transportation Center Expansion (Include detailed description of Project location and scope.) An expansion of the existing Transportation Center to accommodate approximately 400 cars, together with remodeling of the existing terminal building and parking structure . The Owner and the Architect agree as set forth below. Copyright 1972, ©1979 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Repro- duction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 6727 SPECIAL SERVICES AGREEMENT > JUNE 1979 EDITION AIA® ~ ©1979 B727 _ 1979 ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 .. ~ ARTICLE ~ ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. .Vote under each service fisted the method and means of compensation to be used, ii applicable, as provided in Article 70J Services shall be performed in two phases: Phase 1 - Traffic Analysis Services include: A. Traffic data collection and operational analysis regarding the use and capacity of the existing Transportation Center• B. Development of alternative traffic planning concepts for the vicinity of the existing Transportation Center. C. Presentation to City Council of the results of Phase 1 services, in the form of a narrative presentation and a bound preliminary technical report to be presented approximately three weeks after execution of this agreement. Phase 2 - Concept Design Services will commence upon City Council acceptance of Phase 1 services and include: A. Preparation of a base map of the Transportation Center area, to describe existing conditions around and within the existing structure. This map is to be based upon information provided by Owner (see Article 10.2). B. Preliminary Condition Appraisal of the existing Transportation Center. This analysis will address general structural, mechanical, electrical and operational matters but does not include quantitative technical studies such as concrete testing, air quality monitoring, etc. C. Development of alternative traffic concepts for the remodeling of the existing Bus Terminal area (upper level). D. Refinement of the alternative traffic concept alternatives presented in Phase 1, including demand forecasting, E. Development of preliminary estimates of probable construction cost. F• Presentation to City Council of the results of Phase 1 services, in the form of a narrative presentation and plan sketches, to be presented approximately four weeks after Council acceptance of Phase 1 services. These services do not include preparation of finished presentation renderings or models. AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT JUNE 7979 EDITION • AIA® • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, "1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 8727-1979 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 THE OVlrNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. 2.2 The Owner shall designate, •••~~~ ~~, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.3 The Owner shall furnish required information as ex- peditiously as necessary for the orderly progress of the Work, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 3 DIRECT SALARY AND DIRECT PERSONNEL EXPENSE 3.1 Direct Salary Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, but does not include the cost of contributions and bene- fits related thereto, whether mandatory or customary, as described in Paragraph 3.2, and included in Direct Per- sonnel Expense. 3.2 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pen- sions, and similar contributions and benefits. ARTICLE 4 REIMBURSABLE EXPENSES 4.1 Reimbursable Expenses are in addition to the Archi- tect's compensation and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: .1 expense of transportation and living expenses in connection with out-of-town travel authorized by the Owner, .2 long distance communications, .3 fees paid for securing approvals of authorities hav- ingjurisdiction over the Project, .4 reproductions, .5 postage and handling of documents, .6 renderings and models requested by the Owner, .7 data processing and photographic production techniques when used in connection with Addi- tional Services, .8 expense of overtime work requiring higher than regular rates, if authorized by the Owner. ARTICLE 5 PAYMENTS TO THE ARCHITECT 5.1 Payments on account of the Architect's services, and for Reimbursable Expenses as defined in Article 4, shall be made monthly upon presentation of the Architect's state- ment of services rendered or as otherwise provided in this Agreement. 5.2 An initial payment as set forth in Paragraph 10.1 is the minimum payment under this Agreement. 5.3 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to re- ceipt of written notice from the Owner of such suspen- sion or abandonment, together with Reimbursable Ex- penses then due and all Termination Expenses as defined in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 6 ARCHITECT'S ACCOUNTING RECORDS 6.1 Records of Reimbursable Expenses and expenses pertaining to services performed on the basis of a Multiple of Direct Salary or Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 7 ARBITRATION between the parties to this Agreement arising out of relating to this Agreement or the breach thereof, shal decided by arbitration in accordance with the Co tr tion Industry Arbitration Rules of the American rbi tion Association then obtaining unless the par 'es m ally agree otherwise. No arbitration arising t of or lating to this Agreement shall include, by onsolidati joinder or in any other manner, any addit' nal person a party to this Agreement except by wr ten consent c taining a specific reference to this A Bement and sig by the Architect, the Owner and a other person sou to be joined. Any consent to rbitration involving additional person or persons s II not constitute con to arbitration of any dispute t described therein or ~ any person not named or escribed therein. This ag ment to arbitrate and an agreement to arbitrate ~vit additional person or rsons duly consented to by parties to this Agree ent shall be specifically enforce under the prevailin arbitration law. uc- tra- utu- re- on, not on- ned ght an sent vith ree- h an the able 7.2 Notice oft e demand for arbitration shall be filed in writing with t e other party to this Agreement and with the Americ Arbitration Association. The demand shall be made thin a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the d and for arbitration be made after the date when inst' lion of legal or equitable proceedings based on s claim, dispute or other matter in question would be AIA DOCUMENT 6727 ~ SPECIAL SERVICES AGREEMENT ~ JUNE 1979 EDITION • AIA® ^ ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6727 -1979 3 • and judgment may be accordance with b ARTICLE 8 ARTICLE 9 MISCELLANEOUS PROVISIONS TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination, 8.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 8.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all ser- vices performed to the termination date, together with Reimbursable Expenses then due. ,^~, ,~~ T,,..._,....:~.~ ~ . ~r j~ Expenses directly attributable to termination f ~ lich the Architect is not otherwise comp ed, plus an amount computed as a percent ~ the compensation earned to the time of ter Ion, as follows: For Servi rovided on a Multiple of Direct Salary o ect Personnel Expense basis, 20% of the total 9.1 Unless otherwise specified, this Agreement shall be governed by the law of the ^ ,' ^I„-„ „c r.~~~~^~~~ °`'~. State of Colorado • 9.2 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action sha{I be deemed to have accrued in any and all events not later than the date payment is due to the Architect pursuant to article 5. 9.3 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to tl~e other party to this agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 9.4 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may he amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT B727 SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA® • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B727-1979 4 ~~ ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect for the services provided, in accordance with Article 5, Payments to the Archi- tect, and the other Terms and Conditions of this Agreement, as follows: 10.1 AN INITIAL PAYMENT of Ten Thousand and NO/100------------------dollars ($ 1 0, 000.00 ~ shall be made upon execution of this Agreement and credited to the Owner's account as follows: This initial payment will be-credited to the last payment on the Owner's account. 10.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be com- puted as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify the sen~ices to evhieh particular methods of compen- sation apply, if necessary.) Compensation shall be a stipulated sum of Thirty-Five Thousand and No/100 Dollars ($35,000.00) for Phase 1 services, and Thirty-Thousand and No/100 Dollars ($30,000.00) for Phase 2 services, for total compensation of Sixty- Five Thousand Dollars. Included within Basic Services is compensation for the Architect's services related to base map (site survey) preparation, including preparation of requests for proposal, assisting in arranging for the survey work, and coordination of the work of the surveyor. Due to legal and insurance requirements regarding the performance of survey- ing services, the agreement to perform such services must be directly between the Owner and the surveyor. Payment for surveying services would also be made directly to the surveyor. 10.3 FOR REIMBURSABLE EXPENSES as descried in Article 4, and any other items included in Article 11 as Reimburs- able Ex enses a multi le of ne in times the amounts ex ended b the Architect the Architect's p ~ p wo-~ive (1 , 25 P Y , employees and consultants in the interest of the Project. 10.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) One and one-half percent (1 . 5$) per month, (Usury laws and reryuirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.) AIA DOCUMENT 6727 ~ SPECIAL SERVICES AGREEMENT . JUNE 1979 EDITION . AIA® ~ ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6727-1979 5 10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 10.5.1 IF THE SCOPE of the Project or of the Architect's services is changed materially, tl~e amounts of compensa- tion shall be equitably adjusted. 10.5.2 IF THE SERVICES covered by this Agreement have not been completed within four ( 4 )months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS 11.1 INSURANCE The Architect maintains workers' compensation and employer's liability insurance of a form and in an amount as required by state law; comprehensive general liability and automotive liability insurance with limits of One Million Dollars ($1,000,000), and professional liability insurance with a limit of Five Hundred Thousand Dollars ($500,000)0 cannot guarantee that he or she will be able to maintain the coverage ified abovee The Architect will endeavor to do so, within the co~n -~ o prudent busi- ness practices, and will notify the Owner of any ch ern coverage no later than ten (10) calendar days after he or sh omes aware of such change. If coverage is withdrawn, or if the ect decides to drop coverage because a replacement policy will inadequate protection and/or will require a significantly i sed premium when compared to prior coverage, the Architect. and th er'shall confer as .to alternatives available, if any, and shall bar- 11,2 INDEMNIFICATION 11,2.1 The Architect agrees to hold harmless and indemnify the Owner from and against liability arising out of the Architect's negligent performance of the work, subject to any limitations, other indemnifications or other provisions the Owner and the Architect have agreed to, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS FEES. 11,2,2 The Owner agrees to hold harmless and indemnify the Architect from and against liability, arising out of the Owner's negligent acts, errors and omissions in connection with the performance of this agreement. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT Michael R, Barber, President AIA DOCUMENT 6727 • SPECIAL SERVICES AGREEMENT • JUNE "1979 EDITION • AIA® • ©1979 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 B727-1979 6 Eric Affeldt Mike Cacioppo Merv Lapin Gail Wahrlich-Lowenthal John Slevin Tom Steinberg FYI - You are invited to a Denver Olympic Organization meeting to be held at Los Amigos Wednesday, 2/8, 9:00 - 10:30 a.m. ~~ /bsc ~ `~~'~'HF. DENVER POST ~ '~ ~ t3unday, February 5,~ 1989 ..l '~'~c, .yd~-~'~- , ~'~.~' 'a t+ ~ ti {1 a'te`' r~ , ~~'1.,'i _ - ®1® needed--. .`.~'~ ~~+"~. i .c' i ~ --` f ~r - .~~ev~/ ~ t 3, ~ /A tir - ~.rt ~' x z' ,:: w~.Y~;.'x' ~k~~ -~'~'. •I~ilG`'. Yf ® ® 7" t ~~. '~~+. ~kP '2~) Y. ® ,1°i.`•'E +!µ ~"4 r~tM~ F C.+.;, -,T. •:ak4'~'i~'., Jq.'~C ~.'<~;~~\Yi. Vii? ~ ~'C`~ , ~,. f~ ~ ~ lr ~~snov~~:.'~ ®b ~h~us~. t .. ~~..~ .~J 1 . ' .i:<. ` ) '~~\'. M~S^tElYL Y ~ }~F( Cd.. l a.~'i Xt ~".S~C;~~ bI~ F AIL - .Canceled, the -~~t~ ~ ~ s{lieen'so anx ,.;, pleasant voice from the - 6i=. : ,,,.ious.to please; :.r Beaver Creek press cen ~ ;~ ' ' °so deteritiined ' p ; ;,. ~ ter said ;:'',, `~ ` -~, ~~~;~~- rto'make`thmgs :.. It was 8 a.m. Saturday, and it ,^ ~ ~ go right that _ .', `had been snowing since before l r a1: s ~; they've gotten ' °dawn Friday. A foot of new powder :. ~ a bit paranoid already draped the top of the ., , ~,~~; ~, ~' `seeking world `'men's downhill run at Beaver ~ ; ° ~° ,;n. approval ~ • ~ ~~. ;Greek. Four-wheel drive had be ~=`. i4 ;;aThis is Feb- •. °?come the universal language, and ~' ~,ruary. It ~' ~ :;~7nother foot was due to pile up by t ', ~ `~ "'snows here ' `~':~' noon, when the glamour event of '' ~ .< , , ,,.,.; : '•this time of ~~ ;the 1989 World Alpine Ski Champs ..~ :year. It gets co1d.~The wind blows. . ,pnships would have been.decided. ,~?',_Take it or leave it, world. ' `:<~~t',~5- wQ~ 7 ~ Called on account of snow. Ina '~ ' ~>` :' But don t fault Vail or Beaver.'. •w:; ;week of wildly fluctuating for- ,;~ ,i`.:;,{=° Creek planners and volunteers.. :; '~ ~~tiunes, it was the ultimate irony. `z:; t>Wars and the Pentagon should be ;,.;'; 'Beaver Creek gets an average'-`:~~ ~~run as efficiently as they have con- • `325 to 350 inches of snow a year. ~~_~'•`"°`-ducted their part of the first~week: ' ` Saturday; it looked as if it would ..,~-,;;_~-;.; So why.try to assume some of ;y, get the entire quota before dark, ..~`~~`ri°%~the burden. for things that are not :'~'~, • .The only smiling face on the ' .:~'-~ ~=in their control? I see officials on • ' s ~ , ,::,•,,.:.. . ritountain belonged to Switzer.- ` ~`~., ~~elevision; seemingly embarrassed land's Peter Mueller, who had ~ ~,;;~~;by their.fate, all but apologizing :~:' _jdrawn the No. l spot. He would ' ~:~::when.none is due:'`- ;~::~~s~~;;,; ,:,, ~:_,~~:°~ hive been the trail blazer, had the ~ `~: 'They have proved they can con-..5 Srace been held.. •:' ' .' ;<; ~ ~ ~ ys:aduct~a-first-rate world champion s, Now, he'll have the chance to "' ::",ship. They just can't run Mother ~:'~.'=;{' ;benefit from a re-draw. ~ -- ,;",;,:Nature:-I-am tired of the breast- ~`''_:~; 'On what should have been the.' :;;;t,; .beating..Vail doesn't need't_o apolo-;; No. 1 day for the No. 1 ski event on ~ gize to anyone: the globe, the world had turned a ~' -~=Two feetof new powder fora ski~- ';monotonous shade of white. The resort are like a letter from your.:.:' 'whine of tires spinning replaced ;_ •'"'rich aunt's attorney, saying you ,,..:c the cheers. The only bits of color ~ :. •~ are the sole heir. Instead, it has .. ~.: •; "were the yellow snowplows and the left Vailites wringing their Gore- • `~', "pennants of the competing nations texed hands. ~o~'~~'.' flanking the amphitheater at the ~~~ •It was the timing that was incon- :foot of the downhill.., ,•°, , • '~ `venient, that's all. So Mueller gets--~ •• :Cars were creeping from Inter- "~"';'a better draw and someone else state 70 to the parking lots in Avon;:...: gets his. So ABC has acres of emp-' ;all with lights on. •" ? ~. ty, colorless snowscape to capture ' -.Snow. Isn't that what skiers ~ ~ ~ when it fires up its frozen cameras. 'iWarit? "_"' ;`ti+.;' -' "~```"'. ''''i"'`'~~.+%`'%%"So, bored, I watch a procession of 'Vail didn't. Not now.~~Not this ""', French, German, Swiss and Italian ,:special day, or this particular television types huff and puff up to . `weekend when the biggest races in ~ ` the side of the downhill and tape . Fits history were being beamed into ``canceled" speeches in four lan- _, prime-time saturation to Europe. ~' guages to be beamed back home. ~: w •' Canceled. ~ ~`~ ~ - ~>4And a BBC announcer, his style :There has been something al- ~ ~: • to be admired, sitting snug in his most unfair about how these World ~ studio, sending the same message =Alpines have treated this sparkling • ~to England. ' ': ~ ~ ''A`"' ' necklace of villages linked down While his colleagues all looked ;the Vail Valley. The organization,_ .`~~ miserable, the white stuff covering ':;the planning, the execution have :~~ caps and eyebrows and shoulder :been all anyone could want. _ tops, he sat comfortably on a stool, :j More than a foot of snow and `•..,: ''open necked shirt, speaking into a White-out conditions on the pre- ., • -~~: perfectly dry microphone. ~mier race day weren't. Butneither ~ '~ . "That's it," he concludes. "Let's were a Spanish duke skiing into a hope the weather improves. But I . ;cable, or Beatrice Gafner being in- can tell you at the moment it is still •~ured, or Pirmin Zurbriggen being very bad. That's why I'm in here ;blown off a bump in a practice run, and some are out there." . . 'or the eternal grousing of some , . • And some others were up in offs- ;, "team officials about course condi- cial rooms in the village; arguing t Lions. ' ? whether or not to displace the None of this was Vail's fault, and women's downhill or what to do if • , I think it is time the good burghers .. the snow doesn't stop. . ,: , : ' :; ~ : ~ _` 'stop trying to take the.blame. ' :•~Do? Why, just enjoy. Stroll the ~'` ~'~• ;European World Cup races have ~~~~ village, window shop, admire. the ~ ` Abeen canceled.by too much snow, -r•~: beautiful people, and search for an :;and by too little, and by fog or rain = ~~ English-speaking guide to explain ;ter rocks. Accidents have marred :_ ;.:all these wonders. " ,.,famous alpine slopes, as well. I =` ~~_~ ~_ ;.Do ~yTwo of every living thing in- c~on t see them leading guilty.. '~- ' ~r'' to a giant snowmobile. And don't •` .Vail and Beaver Creek have " .=~':apologize. ® _ ~ , ,v3::...,,, ; -a i'•c •- 1089 Bannock • Denver, Colorado 80204 • (303) 893-9000 January 30, 1989 Chief Ken Hughey Vail Police 75 South Frontage Road Vail, Colorado 81657 Dear Chief~.Hughey: Thank you for your generous support of our efforts to originate "Tonight in Colorado" from Vail this past weekend. .The support and cooperation of your officers was fantastic. .The cooperation offered by your officers is greatly appreciated and rare. Your personal support of this "live special" from Vail enhanced our ability to deliver a successful program. We sincerely appreciate the support. Your officers were exactly where they were needed precisely when they were needed, making our crew schedule function as plannede The support and cooperation we received from everyone in the Vail community was most helpful, but the Vail Police officers were outstanding as usual. You have a unique department. Please extend our appreciation~to all of~the officers who assisted us. "Tonight in Colorado" was seen in more than 110,000 homes in the metropolitan Denver area last Saturday. This is only .the second telecast for .this program and we are .pleased with its reception by the audience.' Again, thank you for your assistance with "Tonight in Colorado." We look forward to working with you in the future. Best R s gi Teter Coor inating Producer. "Tonight in Colorado" a~~~ ~~ ~Y r. ~} .. AGENDA REGULAR MEETING ~IAI% METROPOLITAN RECREATION DISTRICT BOARD OF DIRECTORS ~ WEDNESDAY, FEBRUARY 8, 1989, 3x00 PIdi - VAIL TOWN COUNCIL to Call to order - 3x00 PM 1 min 2e Approval of Minutes, January 25, 1989 1 min (see attached) 3e Financial Report - Thompson 7 min 4o Nordic Center - Barb Masoner 30 min Vail Mountaineering proposal (bring report from previous meeting) See attached Scrima letter 5o Special District Association - Jim Walker 20 min 6e Dodson Report 20 min a) Business manager update b) Ford park tennis courts-architects contracts 7o Symphony of Sports - Dodson/Folz 5 min 8o Final approval of 1989 tennis and golf fees 15 min 9e Motion to approve 1989 DOG and HGP contracts 5 min see attached contracts l0e Approval of Complimentary Golf/Tennis passes 15 min (see attached list) llo Dobson Arena - approval of fee schedule 10 min 12e Approval of PO°s 5 min Attachmentse Minutes 1/25/89 Scrima letter DOG & HGP 1989 contracts Doug Bitetto letter - FYI Senate Bill 76 and Jim Collins memo - FYI Collins memo section 89 - FYI ~, IrIIP~Fffi ME~.II~ POI,I'1~t~T ~TICt~T 31%SIItICg° 25 ® 1989 °8 KeYa Wilson, Merv Is'ip]lY, Tim Gart:oa'a, George I~OX ~o Gail Molloy o Pat Dodso~a ~L ~ e ~e meetir~ was called to order at 3oOl ~Ym ®1? a Y~pin made a motion to approve the January 11, 1989 minutes, secor~cl by Knox, passed unaraimouslyo ~~ Kristan Fritz joins the meetings Garton oca~g~liments Fritz on the RFP. Fritz asked when is the bond elections? Dodson said a boa~i election can be held 4 tits per yearn Garton wants to proceed beginning of suffix, possibly Maya Fritz stat~l fall is amore realistice Garton said 6.5 million is too hic~a - that an~at is set up for failureo Wants t4 delete the 25 meter deep pool and cut anaasemexat pool enclosure a Wants to shoot for approximately 4 millions Fritz will revise the F2F'P to reflect this e Dodson said a deep end in the 50M pal will allow for a multi use facilityo If shallow, it will not be as diversee Parking: Garton wants the ~ to constrlx.-t the parking and a~irtaiv,, r linen Garton feels the sewpx line falls wider the general park improvemesats and wants the ~ to do this $20,000 projector Fritz stated r+egarriless of who pays, the purpose of the RFP is to determine the costs, size and desic~a of the poolo Dodson would like the in town bias roasts expanded to serve Foul Parko Task forgo Garton wants to appoint new members to this sub cc~nitteeo Knox, Wilson and Garton, 1 council amber (he will ask for a volunteer), Al Dorset, Duain Piper, TOV budget officer arm a local builder (one who will not be bidding on the project), Fritz stated it may make better sense to divide the I2FP into 2 sections m put the bond and model separateo Fritz feels the bard is asking too much frown Architects for the $20,000 fees Zhe way the RFP reads now is similar to a $30,000 feem Garton wants to leave the fee at $20,000 for air and have the Architects justify the additional costs. Fritz will run the corrected RFP version by Garton then give the 30 day notice. Fritz leaves. NC~2DIC C~ffit: Garkal noted the mail and newspaper article on the negative aspects of the $5 fee. He stated the message received frcm the Nordic Club and VA representative was the existing ~~~ was ~~te arri due for replacesit in 1987/88. Staff iYr3icated it took $8, 000 to ma.ir-tain the currerYt machinery last budget year. He stated many people are various snow cat machines frcm basic to top of the line. lhere seems to be 2 factions -one wanting a super track and willing to pay for it acid the other wanting free skiing and not overly concerned with the condition of the track. Wilson stated VME2D was asked to upgrade the facility. VMRD dial not concoct the idea to charge a fee. No additional staff is needed for improved facilities as the staff already is in place. Zhe message is better is wanted and that does not always cccoe free. He asked the people in the audience to keep an open mind and listen to th:e cce~galete suggested prr~posals. Garton opened the meeting to public catmtierits. Zhe boan~i received various pro and cons to dlarging a track fee and pros and cons to purchasing any new equipment be it a bottan or top of the line piece of equipment. Garton stated VI~2D will meet 1 more time before making a decision on any Nordic changes and they will continue to research the machines and establ; ~+i *~ a fair fee. Barb Masoner: Gave the boan~i a hand curt (see attached) . Zhis hand out covers budget, use of clubha~.se, machine information. equipment Proposals, quotes.on purchasing equignent, outdoor rink information. She stated they will be mw.ing the Noniic operation into the clubhaLSe to the west end of the Prop shop. Zhe Krueger roan an3 deck will add to the ambiance of the whole operation. Barb stated the signage has improved each year. Garton took a straw vote: Who is against c3~arging any fees - no show of hands. Who is in favor of a track to with the quality of the track - a majority of hands went up. S~f~IY OF SFAS: Holly Z1zrr~x joins the meeting. Dodson explained Holly represents a marketing ca~any which has secured a 90 minute A~ special on ice skating and gymnastics. Zhe original request was for $150,000 site fee and 100 cacg~limentazy roans. 'Ihe town oo~mcil was approached with this and they declined the offer because they could not raise the $150,000 site fee, but could offer in kind services and facilities. Zhe special will air June 3, 1989° I~dson stated VA, ~, Ratary and TC~ all gave positive res~a~se to the program, but did slot oc~unit arry moa~eyo holly gave a history of her ca~anyo ~i c Bern ~ ooa~oeived to benefit the Warnn ° s Sorts F'auydationo YAak.ing to hold event April 22, 1989m There will be no site fee as they have secur+erl a major sponsor who will ta}ce care ttpe site fees They r~uestecl in kind services arrsi 75 r+~as for 3 nights April 21, 22 and 23, 19890 April 12 to 1~ arxi 17 to 22 they will bring in set ~ and will need rocettis o Their Y wants to give something back to the amity via clinics oaz various sports o T4ie Women ° s Sorts F'oiuxiation represents all sports and a variety of individuals would be available for these clinicso The Board reviewed the in kind services requested by holly°s memo (see attached)o The Board felt they could provide these services or ask Rataty, local sports clubs, VA or VRA to assist in certain itemso Lapin moved to instruct staff to strike a contract with the Caress S~ptw~riy of Sports whidz will result in the ABC pr~3uction, second by Wilson, passed unanimrruslya ~~ o Andy Clark ~ from the flail Express Hockey arrives a Lapin stated the VIII held a benefit to raise money for a sick play, Tbny G~mhauser, who has a staff infection in his spinal column and has no health insurance, Tb date his hospital bill is $23, 000 a Lapin wants VN~2D to give up 6 hours of foe time at $50 per hr to be given to Tbnye Lapin moved to give Vail Express 50~ frc~n the last 2 hacacey ~ p1aY~o ~ equivalent of $707, to be given to T~oazy, secoaxl by Wilson, Pas-sed unar~innously, PAS TE~dYS o FYar~{ Payr~ joins the meetingo Dodsoaz asked for pre c~truction costs from Tim and Beck and Associates< Oollins has prepared an ad to invite bidderso Beck has contacted o~amity development to get the D~2B acid Zoning committee deadlines, Payne stated the schedule is fly tight for the DRB, zoning, and ardutects to meet the third week of June, 1989 for a construction deadlines Dodsoaa reoonm~erxis V1~2D hire Beck and Associates to Perform pre construction services to assume construction costs and tiYning, Beck estimated it will cost $4®000 to $5,000 for these services. Dodson thinks it will cost $200,000 for total constructiono $80,000 for the building, $20,000 for professional fees and $100,000 for court constructiono He reoc~umerxied asking the TC7V to help oat the sewer linen Da3.son stated he ask~i TfiK for cost estimates on the designs Lapin wants the Hoard to realize Frank Payne's wife works for VNIl2D. ~e Hoard noted it anci has no problems. Lapin wants an ad sent to all local architects who have business liverLSes in Vail, oD. E~LE VASL RDC. DIST: Garton met with Howard Gardner. He too believes its a good idea to carbine the Recreation Districts . Lie came up with same ideas to carbine. Possible oatnbinatioal golf pass. Winston & Assoc did a recr+eatien plan for Eagle Oau~ty -see if they can list the pros and eons of why these two districts should be canbined. DodsaZ will research how much this sttx3y would oost. VAIL Lou Acosta of the Vail Rotary is interested in taking on the Vail Athletic Ambassador program. Garton will make a presentation to the Rotary club in 2 weeks. Zh~ey will have the ability to fund raise for this event. Garton indicated the FoLUx~ation is too busy to take on another project on. JIl~fi+BE HEUGA: Dodson indicated Heuga wants the rate of $850 for use of the Dobson Arena. Garton leaves meeting 6:30 P~+T Lapin asked I)odsan to negotiate at the $1,750 rate with Heuga and make the best deal possible for the Arena. ARF3~ AWISC'~ Dodson indicated Warnex, Hovey, Fienman, Bev Shipstad and Peel all tut~ed in applications to serve on this catsrittee. Lapin wants to be the VN~ZD representative on the ocmTnittee. Warner would represent the skating club, Hovey the 2wckey and business representative. Wants E7dd.ie and Dodscai to serve as staff. He would like Brad Quayle to serve if he is ir:terested because of his convention expertise. Fiernnan and Peel are both OK, but they would duplicate the hockey representation. Dodson would like a representative of the 1Pa~o~#-her type" to represent the recreational skater. Rnoac suggest Sylvia of VRA or Paul Johnston. Knox wants to serve on the coanittee too. Karen Morten of the chamber services may be a good representative. Lapin made a motion to have Scott Hwey, Debbie Warms, George Knox', Pat Dod~~an ar~d Edciie Shipstad appointed to the arena sub ca~anittee and have the oc~snittee select twn additional 7nezrbers, Second by Knox, paS,SeCl tmanimcy~~ly, ®F PO ° S s Lapin moved to approve the PO ° s, second by I~ox, pa~~ unanisnc~aslyo e Signing of ~eckss Lapin moved to approve the Dodson mew allowing him to sign the all the check he noted exempt the utility checks and "other'° on this list, second by bdilson, passed unanin~sly, Business Managexs Yntesviews are prooeedinq, Interviewed 6 people so far with 2 possibilities and will do 5 n~re next wee3co %os Lapin made a motion to give a 6 day golf pass as a prize to the winner of the logo contest, second by Knox, passed unanimauslyo Special District Associations Item tabled pending letter frc~n Collins supporting fining a a~mbero Strategic Recreation Plano Dodson u~ld like a study doneo ~e Boan~i is not willing to spend any dollars for a study, but is in favor of a plan and wants to try public meetings, staff surveys or any other methods to obtain a plan without spending dollarso AID OH7DCI'IVF~ s Dodson wants the board to review arxi make revisions to the list he provided them< Possibly schedule a goal setting sessions Dodson will schedule a joint meeting with the Zbwn Cotu~cil in February per the contract to let them know of the progress, II~38SQd ~~ s ItEIA tabled l.ng the Arena sub OCfl~Ll.ttee studying x'11 C item and resureniting it at another board meeting, Meeting adjourned at 6x45 FM Gail Molloy, Secretary '. ~'~ICI e~Cti111~ 1-2 ~ -89 Tirn, I~en, George and I~•Ier''r T~lanl:s for trakirlg tl'Ze dine t0 hear grid el~' ~ ` e ,~ ~ ~^' r~D .1Lica1~ Us aL i.12 re..el.t 1 iY~a. rrieeting. I left v~ith the feeling that you are truly tr'; in to serve the puw'iic interest and ha';re open minds about ate nordic track system. Your efforts are appreciated b;T a.ll e~ren though it's easier to criticize than to contri~'ute f'~r most of us. For v',t'l'iat it's Forth here is r~1y ~~~ay out suggestions for tYie ti~acl~: grid tl:e dilema of ~w~lether to charg? or not. ~rZr bile the logic of charging for v a? ue rrcieTred is urid':fef~table I thank the riaj~}rity still feel uncclnfortf3.b1-: about char`;ilig malidat~:.~r;' use fees for ~•Y'itat Ytas itis~Jri'~a1ly ~'eerl corriplilnentar V an':~ gra'~i'~'lisly prc'vi':~ed ~~, cur ta: dollar:::. Sc' tYie l~ue::,t.;orl 02 h04i7 ti/ stay ~ra':;~:}ur~ Y~~-'=; -~ *~ rr.. *- citi.enr-- .;.rid `~r sy~ rns tl:e inauor~ii-. L'iiil_ ta:. rr: . cb 1 ~ a•: w J.. O l °A YY*e~i~~;;, ~.Ir~rtrrn r.L~r`r.w ~~'r.: -. -. ~.r1~+t~ i' :'lu lJ J:i..,''."''t 1,1C~J-~ vi, 'li'll'~ nL1. cllrLLinue....l,Grtsi~ E'r }}t, ~; 1 •i,+~-f'~~~'. ~ ~ ~ .l l.il-. folio Y. lal~: -1 nst~ad cf "mandatory "fees aec'~ri~w':?.:iied ':Sntarl the hassles and e:p'enses of .. cGll~c lij tYlµril, rti:/4V a;~out ~'e @ ~'eriri~iit ~rvltiyt dCiriai i~rl ~'o:'~e5 Arid tct$t.~::1J.ii y pre'3eI1±.eti -1`ri:= esi~.l:~lilln!~ '.lie `rack 1S a "a _ t ,'~ r +' ~ ~, ~ e~'eril,.Cri,, orl ..vi:~.,,,lonS. I've crt'rl trti$ dc'lle V:1 other u J.ck~ dlt~!(iu~~ h I d~111 t %nlJ'iV' +`,b ~lYiial, sii:;{<',".':3s. ~A.i ~ ~ fir:. t .7 ''. ~ ~ ~jeC ?rii~.. yid ~ie r• {:, +. v.+ R It'.~~~ula J rr/ ~ slxaw~l':. 11.r t - ~all, lol,alt'i, .71~rts grid li:i ,, Jui.w l.. J~11ili./C:i~. lv~~: al, at„ orL. r• r t• ~J'a~ _~~t~'„~n 'n•'ai]'(.~ b~ to i 'c -"- ? at tl'ie far east elii.a Y , r,.ie rlc)a ~11~ i.~':laT?l r T 6=•r ~~i N YC 'a i] 'y C• T.TNf 1 •`.`~ }y, •.i n r C- tY, 1. ~~~.s hap5 rl lal~'ll,. d... YY llj ;~iilw L11? Yi'~Jt 4~ritr~ . J1n~.? 1~+5 V.rll':l. r'i~ t1i~L ~. ri f icrlri~~1 collection system vY'il1 get initiated this year anything ~•':e get ~•iii b~.~ b~l1u~ Gild more impilrt.?.litly tlrill gl'u'e uS a ~`l~ide as to tale pLltertti?l i~>n'-. ~. term feasibility of th1J ap'~:r'~Gch. Ii Y're l,~.n estirlate yearly donatic'ns c'f ~f'j,i_1(;?~~ t~i1S ~"!'o'.J.ld 1:1e erlo~~.~h to ~?.n?C'rt1.e trie pa'nierlt %f a '~ j0,U4~~ Yi1a{;,itirle. ii':14iJ if 5%1(.4eJ:rt u ~',Y ~: ~ k ~' ~ '. '•. fair '' ', n i 1 f artil r G 11 illl'?,J.. a:, ;,raci':~uJ h~?5ts ~~rid ~,~/'e a.11 tli.7n. If T''.; ~a ~:Tl:~ald llt':e '1 }vr, 1• r+ ;.a Y' ~ 7 ~ ~ t-. +!. . tl, la ~ ~:i1J a•,.sed. 1 11 lb'-:Il~;..:' i-: f'~`''1 A T r.~a ~.. +~.T.. ~:J~y 1'1r j -. 1..11., all.n,.~ a:l•.a 41ra~a•!a ~yi Sir'nr-, ('~ y~nt.;:.C ?• °~ n.--7i .t «.- ~e ,J .^'.111.,6 l.' ..r. ~~r11C~4:5 T..~lle t'jlil'wil. ~..~.llJ Li1~-lid l.i~.. ~'~~' * 1 '~ ~~ {:i~~ Y, •.atG1r~C' 1~i r1JLCt G. 1,1 'u grid rnain;=iiartcr? - -id~a ~~ SYto:~l'real alli~:~lartce grid class av :ia~~l*l` tr~lcii S~t ;;DTI ~te~e ~Vli'~~s r... ,~ .1orJ':J or dog sled. i~oriatlor~s for tills kriV'v+i 'wI'JL:.id h''e w'riSn and coui':.~ get uS sc'rrle c'a t.le old i"ltlri'.,e c1Lt~.rilA Y•! r' ~C'l~m i.V ~'~' L'J.~lni i r•r, ,f. i t! ~y~ t~. ...;. ~llce main I i1'!'iil ~ladl; • vc'lunteer iYi arty Th~ay t:7 help resear'~h trio cost alma feasil:'ilit^ of +'~:~ idea at uli•J ycur invitation. I'll be DLit of tc ~: until 2-13-3~~ Teel free `,l~ coil r::e afte'r tl'ieil if i 'part help. ~~n': again ti'-iani:s f'i'r doir~'r a lob no same rtara v,rould do:'~,r=~ 3flfl®I~ 'T'win Falls ~ail.C'olorado 81657 Q303~ 476-3040 ~D coMP A~t~ Gores/TENrr%s Po~%~ ~ ~~8~ go Past VMRD board members 20 Vail Malley Consolidated Water Districto Board members 3 o ATews Media o Vail Daily (aim Pavelich) Vail Trail (Allen Knox) ~o Valley Golf Courses (if they reciprocate) Eagle Vail Singletree Beaver Creek Arrowhead 5e President of VAs Mike Shannon 6o Jerry Ford %nvitational Board Members and Bob Barrett 7o John Purcell 8o Doug & Sue Mc7~aughlin 9e President of the Women°s Golf Association (Kathy Douglas) l0a President of Men°s Golf Association (Steve Simonett)e A `NAIL VALLEYaS CO1dSOLIDATED MATER DISTRICT 47 67480 Edmund I~i o Drager o Jr o ~;' Box 1669 Vail® CO 81658 To Charles Ogilby ~ 2938 Sa Frontage Road West Vail, CO 81658 Syron Do Frown Box 547 . Vail, CO 81658 Robert Ruder 4496 Eo Meadow Drive Vailo CO 81657 Paul Testwuide ,/Nail Associates Box 7 Vail, CO 81657 PRESIDENT OF NAIL ASSOCIATESe Mike Shannon, President Vail Associates Box 7 Vail, CO 81657 VALLEY GOLF COURSES Eagle Yail Golf_ Club: Send all to Eagle Vail Golf Club PoOo Box 5660 Aeons CO 81620 William Holland Keith Rehder Dave Larson Howard Gardner Kathleen Ellis Singletree3.° Rod Slifer 230 Bridge Street Vailn CO 81658 Dave Sage 230 Bridge Street Vail9 CO 81658 Bob Nott Box 1640 Yail9 CO 81658 Fred Green Box 1308 Vaila CO 81658 Chupa Nelson Box 355 Edwardsa CO 81632 Arrowhead: ~~ ~ ~~.~ . c a g e ~. 3 z Beaver Creeko To rv~ ~- P~ ~ ~~~ ~% ~ ~. S~..cv~o~n ~.~~ ~a~ ~ ~a ~ ~e- ~ i3ishop ~ Co. Village Real estate Rental Management Bishop ~ Co. Village Real Estate ~ Rental Aganaeement Ina >> 303-476-1911 QgiC, 800-525-9396 303-926-1035 Rea. ~~«~~1 Doug )gitetto - Sales Associate 302 Hansa Ranch Rd. Vail, Colorado 81657 Vail b Beaver Creek 302 Flanson Ranch Road ® Vail, Colorado 8 fl 657 January 260 1989 Pat Dodson Town of Vail Recreation Department ~ ^~ 292 We Meadow Dre Vailp Coo 81657 Dear Pato ICen Wilson and Steve Satterstrom both suggested that I get this proposal for a different type of golf pass dawn in writing and get it to youo I hope that you and the board will give it serious considerationo The intent of this pass is to replace some of the single day tourists with tourists who will spend four days or more in taTane What I am suggesting is that you offer a pass that can be bought for a building ( condominiums houses appartment ) rather than a particular persono I,et ° s say that you charged $400 for this pass and each time it was used the user paid an additional $15 green fee, not including a cart. At first look, this may not seem like such a great proposal® but let me explain the possibilitieso Any one who owned a second home ( or locals that weren°t here for the summer ) could rent their homes as part of an all- inclusive golf packageo The people who would be renting these homes, statistically, are mirror images of the skiing tourists we get in the wintero Alsoa this allows the non-resident owner to enjoy some of the benefits of the property on which he is already being taxedo As a real estate agent, this pass would help me answer the ever present '°Sure, I know what this condo can do for me in the wintero but what can I do with it the rest of the year ? questions As a property owner® it would make it easier to pay the recreation assessments every yearn If developing a real summer business is important to usp we need to work on developing our reputation as a real summer resorts not just a ski resort trying to make ends meet during the summer seasons %f you have any questions or reservationsp please call me at the office, or at home after si xo Si cerelyo 0 D ug B tetto Professional Real Estate Brokers for Vail and Beaver Creek (303) 476-568fl-Property Poianagement ®1-800-525-9396 • Real Estate-{303) 476-2212 • FEB-01-'89 WED 16:03 ID:COLLINS COCKREL PC TEL P'K7:3039861755 tt452 P02 r ~~~~~s ~~ ~~c~~~L9 ~ecm 8°AUl R. G6f ICgE6 AY`P9NNEY6 d4 LAW `iPEI.E~/00P76 .DARi~S ~. CO661N8 ~®O UNION ®OUL~VAgD, 6UIT6t 409 IaOS! 8®0.9881 (~O®E61E x.41®®A68. Jt@. 0@/dNt:R, COLORADO ®94!® tlNA4S f~AgA N. ~. ~OINlEL3 ~ 9•®00•~ffi+3.004- YE6E?AIl 1~os1®s~•19as lebruary 1, 199 $'1 M4 D~ - ~Oo ~ecreati®~a district CIi®nts anB xetropoaitan ~istrfct Clients with Recreation Povera FROfl~[o ~aa-es Fa C®~.gina loo ~®nate higl 7~ ~~nat® vot~® t8~is I~°riday, February 3, 1989 _ x®st o~ you are aware o~ henate Bill 76, a Dopy or which Bill, as ~~aodffied by th® Agziauitural Committe® ®g the Senate, is ®nol,oa®d with this memoo Th® dill is applfcabl®, at this point, on3,y to Recreationa Dastggvts lying within th® Denver xetropolitan area, but w® recomnasnd 811 Rear®ation nistrieta oppoae its pa~3$age, due to its onerous provisions regarding instituting n®at program$ and facilities© Pl®as® rani®w the hill and let us know o~ any cju®ationso ra th® meantimeo pgeaa® call your Senator as soon as possible, 4nd l®av® th® mesaaq® that You oppoae Senate hill 760 l~gain, the vote inn th® S®nat® is ®lep®oted to com® up this firiday morning® ~~~/yaw ~~aclosur® \\ ~,~- FEB-01-'89 WED 16:04 ID:COLLINS COCKREL PC TEL N0:3039861'755 tt452 P03 • First Reflutar Sesaton Fifty-seventh Genera[ Assembly • LLS N0. 89 0102/1 ~ SENATE BILL N0. ~ 6 srAr~ o~ coLo~~~o ~s~ca«u~ ~-ru~ a~c~s s am~r t3Y SENATOR Owens; also REPRESENTATIVE Grant. A BILL fOR AN ACT 1 CONCERNING LIMITATIONS ON THE ACTIVITIES Of PARK AND 2 RECREATION D%STRICTS. Bill Summary ~k~• . ~~ ~:~ (Note: This su_ mmary d lies to this bi ll as introduced and does not necessarily reflect and amendments which m~ be su seguen_t~y ado tad. Declares. the intent of the general assembly to limit competition between private persons providing recreational services and public park and recreation districts. Requires park and recreation districts to restrict admission to their facilities to residents of the districts and their guests. Prohibits park and recreation districts from constructing or owning and operating certain types of facilities. 3 Be tt enacted b~ the General Assembl,~ of the State of Colorado; ~ SECTION I. Legislative declaration. The general 5 assembly hereby declares that park and recreation districts 6 were established to provide recreational services and 7 facilities which are not otherwise available to the residents 8 of the districts. The general assembly further declares that 9 such services and facilities should continue to be the S 10 priority of such districts, and that operation of facilities .;< ~• Gt~itwJ tettcrr indicate mew materiel ro hr added to eristin6 ~tQ~ute. Uebhe+~ lhrou~h the wprr/x indiralP Arl~linn.. I'.,.,.,. e.;..:.... ,,..,,,,_ - ~ FEB-01-'89 WED 16:04 ID:COLLINS COCKREL PC TEL N0:3039861755 Et452 P04 1 ®r activities which might otherwise be provided by private ~ business persons and construeti®n ®r operati®n ®f facilities 3 ®r aetivi$ies primarily to provide revenue for the district ~ should n®t be c~ithin the scope ®f the authority ®f such 5 districted ~ SECTYON ~0 32~1~1005s Colorado Revised Statutesa as 7 amendedo is amended gY THE ADDITION Oi: A NEW SUBSECTION to ~ reade g 32~1~1005e park and recreation districts a additional 10 dowers e lir~itationso (2) (a) Any facility arhich 9s owned 11 and operated by the district and t® which admission is 1~ available ®nly upon payment ®f a fee shall be open only to 1S pesidents gf the district and to guests of such residents if g~ such guests are accompanied by a residento 15 (b} No facility may be constructed or owned and operated 16 by a districto nor may any service be provided by a districts fl~ u~lesso g~ Q8) The facility or gerviee is not adequately .provided 1~ iw the distric$ by private pr®vidersfl and . a® Qgg~ 'the ¢aeility or service is designed to benefit ~1 resident$ of the districtfl rather than to generate revenue for ~~ the distric$ ®r to attract the patronage of persons who d® not ~3 reside in the districtD and ~~ (~IIg) Notice oil the intent of the district to construct ~~ sueh facility or provide such service has been sent to all ~5 providers ®f Qhe game or similar type of facility ®r service ~y 9ocated within ten mile$ of the proposed facility or serviced b~e ~~ ~•. :- G C; ~``rtir y FEB-01-'89 WED 16:05 ID:COLLINS COiCKREL PC TEL N0:3039861755 tt452 P05 1 SECTION 3. Applicability. This act shall not apply to 2 construction of a facility which is completed, substantially 3 completed, or for which bonds. have been issued on or before ' 4 January 1, 1989. ~ ~ ~ ~'~ 5 SECTION 4. Safety clause. The general assembly hereby 6 finds, determines, and declares that this act is necessary 7 for the immediate preservation of the public peace, health. 8 and safety. -3- ' . '76 • FEB-01-'89 WED 16:05 ID:COLLINS COCKREL PC TEL N0:3039861755 tt452 P06 . a~ p • raga 19fl SEIiATle JOURMRIe Fatty-savowth ~eseral Ass®a~b@~ S1PAg~ OF ~Ot~JPAI~ ~ . First Regular segston ~ . . - fl7th i.®gislatieo Qab ~ Frtday, January 27. 199 e. Agrteultura, AfteP eon std®rmt9on on th® ~aar9ts, the eomnatttae reeomn,ends that ~ ~ 3 4~ 6daeurai 5.8: Pdo. 7b b® artwnded as follows and, as so amended be referred 45 Resources , to the Comm9tte® of the Vhoi® with favarabla racomtnandatton: ~ 46 and Energy Q9 Amend pp9wtad 4911, page $, 19ne 17o before the a®lon, •tnsert @8 "the board of such dlstrtet f9nds that"; ~ qg Attar 18wQ $yo 9flsart the Pal.loxingo ~ 30 §1 ~'Yh® wot9eQ required by th9s subparagraph (III) X911 be deemed g2 ~3 • to have baew newt tv ail required providers 1f sa9d notlee has 54 baew s®nt t® ell such providers liatad to a current elasslf9ad ~S t®laphono d9r9etorg and to all such prartdars arhosa names are 56 provided to the dlstr9ct by the appropr9ata trade 57 sssoc6atton.p. ~ gE3 Pag® ~0 11nQ $, bet®r~ pThtsmo 9nser~ "(1)p; ~ Ep nft®p 19wo 4p lns@PL the Po11ow9n g' bl 62 p(~) This act shall apply only to distr9ets r+holly or ~3 64 _ partially ~4ehtn the Denver "standard a~etropol9tan stattstteal W gy erQa . FoP purposes of this sections "standard matropolt4an 66 $tattst9cal arse" means a geographteal area designated as a i17 standard,metPOpolttafl statigtieal area by the federal office g ®ff mawagement awd budg^t and hav9ng sueh designation ow Jaauar % 1980 and an Z ~ , , y Bounty eont9guous to sueh designated ~Pla4e o 3 Q 0 0 - Q ~o~~~s ®l~ Coca~~~a~9 Deco PAUL R. COCKREL ATTORNEYS AT LAtlv TELEPHONE JA0.4ES P. COLLINS 990 UNION BOULEVARD. SUITE 400 13031 986-1551 ROBERT L. TIBBALS. JR. DENVER. COLORADO 80228 WATS PAARA M. it. FOWLER 1-800-334-3941 TELEFAX MEMORP,NDUM 13031 986-1755 TOe All Clients FROM: Collins and Cockrel, P.C. REe Compliance with Section 89 of the Internal Revenue Code DATE< January, 1989 SECTION 89 Section 89 of the Internal Revenue Code (the "Code") was enacted by the Tax Reform Act of 1986 and went into effect Januarv 1, 1989. There are no exceptions to which employers must comply and virtually every employee fringe benefit is subject to Section 89. Section 89 is intended to impose a series of detailed non- discrimination rules to all employer-sponsored health benefits and group term life insurance arrangements. Section 89 also imposes detailed plan qualification and IRS reporting requirements on employee benefits ranging from the most mundane of benefits to health and life insurance. Most preliminary reviews say that this addition to the Tax Reform Act of 1986 is overkill and unduly burdensome. Xet it cannot be ignored. Section 89 applies to all employers. An employer includes everyone from large corporations and partnerships to sole proprietorships that include only the owner and one leased employee.. There is no exception for employers of fewer than twenty employees, as exists in many federal employment laws -- nor are there any exceptions for tax-exempt employers, including religious organizations, state or local governments, or the federal government (except military services). Penalties can be assessed against employers that fail to conduct non-discrimination tests, maintain written plans, send summary plan descriptions to employees, file Forms 5500 with the IRS and Labor Department, or report on. employees' W-2 forms any benefits that are taxable because of Section 89. The penalties include income taxation of the benefits, daily fines and non- deductible excise taxes for failing to report. The excise taxes may equal the highest income tax rate multiplied by the total value of health and life benefits that are provided to all employees. The original theory behind Section 89 was that coverages would be expanded for low-paid workers by taxing benefits of higher-paid. workers; tax free special benefits to higher paid employees would be eliminated. In practice, Section 89 imposes a complex set of administrative requirements. It will become even more complicated as the Treasury Department issues rules and regulations that govern the valuation of benefits and the general application of the non- COLLINS AND COCKREL, F.C. January, 1989 Page 2 discrimination tests. There is currently very little guidance available, yet it is clear that no employer who offers health benefits, group term life insurance or other employee welfare benefits can afford to overlook this important new law. Furthermore, there is no practical way to restructure your benefit programs to avoid Section 89. In a nutshell, Section 89 imposes eligibility and benefit tests which must be met and also prescribes certain basic standards that every benefit plan must pass to preserve the tax exclusion for the employees who receive the benefits. These five nqualif ication requirementsn are: 1. The plan must be written; 2. The employees' rights under the plan must be legally enforceable; 3. Employees must be notified in some reasonable manner of the benefits for which they are eligible; 4. The plan must be maintained exclusively for the benefit of employees; and 5. The plan must be established with the intention to maintain it for an indefinite period of time. WHAT YOU SHOULD DO All of your benefit plans must be reviewed as soon as possible to see that they satisfy Section 89's qualification requirements. Fulfilling these requirements should not be too burdensome, but the penalty for failing to satisfy them is serious. General advice cannot be given with respect to satisfying Section 89's non-discrimination rules. If you have few plans, limited options and broad eligibility and coverage, satisfying the non-discrimination tests may not be too difficult. However, the time and expense of satisfying the non-discrimination tests, especially for smaller employers, may be very burdensome. You may have heard of the simple solution of assuming your plan is discriminatory, reporting the additional income to your highly compensated employees, and then paying them a bonus sufficient to cover their added .tax. With new lower income tax rates, that amount may be considerably less than the cost of complying with Section 89's non-discrimination requirements. Do not be mislead. We do not believe you can entirely escape Section 89's impact; at the very minimum you would still have to determine the amount of any highly compensated employee's excess benefits and report that sum on his or he.r W-2. d ~' S ~®LLarvs ~r~~ ~®c~~~~.fl ~.~. January, 1989 Page 3 The ultimate goal may be to terminate plans that may prove discriminatory, possibly in combination with giving employees pay increases so that they may secure certain benefits independently. Amending your plans may be the only compliance option available to you, despite its expense. Obviously this summary comes nowhere near advising you what to do with your particular benefit programs. The applicability of Section 89 is very fact specific. We have arranged to work with a tax attorney to be sure that all required changes are made and that filing requirements are met so that you are in full compliance with the applicable Internal Revenue Code and Department of Labor rules and regulations pertaining to Section 89. Begin by compiling copies of all your current benefit plans, all forms filed with employees and other agencies, and a general summary of any benefits you provide to your employees. If you have any questions regarding compliance with Section 89, then contact us to discuss how compliance can best be accomplished. DESIGN REVIEW BOARD AGENDA FEBRUARY 1, 1989 3:00 P.M. SITE VISITS 1e30 P.M. 1. Steitz Residence - Single Family (Final) Lot 17, Resubdivision of Buffehr Creek Motion-Sante Second-Leary VOTE 5-0 Architect is John Perkins 2 2. King Remodel (250 Addition) (Final) Lot 9, Vail Village 2nd Filing Motion-Gwathmey Second-Sante VOTE 5-0 Consent Approval. Architect is Beth Levine with Gordon Pierce 1 3. Lund Prim./Sec. Residences (Final) Lot 4, Block 4, Vail Village 3rd Motion-Gwathmey Second-Sante VOTE 5-0 Conditions: P.W. approval, all existing trees withing excavation area shall be relocated to the W. elevation in the area of concern, crosssection for crawl space on 2nd floor .of prim./sec. Roof material not approved, must come back. 3 4. Chester (250 Addition) (Final) Lot 19, Block 1, Vail Village 1st Filing Motion-Gwathmey Second-Sante Consent approval Arctitect is Gordon Pierce 4 5. Hollis Residence (Final) Lot 15, B7_ock 2, Vail Village 13th Filing Motion-Gwathmey Second-Sante Consent A~>proval Architect is John Rosolack MEMBERS PRESENT: Pam Hopkins Kathy Warren Dan Leary Roy Sante Ned Gwathmey STAFF APPROVALS: MEMBERS ABSENT: Graebel Residence, overhang extension - L 9a, B 1, W 1st r~ '; ~ ili