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HomeMy WebLinkAbout1989-08-01 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, AUGUST 1, 1989 7:30 p.m. AGENDA 1. Ten Year Employment Anniversary Award to Glenn Moore 2. Consent Agenda A. Approval of Minutes of July 11 and 18, 1989 Meetings B. Ordinance No. 15, Series of 1989, second reading, an ordinance amending Ordinance 26, Series of 1987, to allow employee units in Lionsridge Subdivision Filing No. 4. C. Ordinance No. 18, Series of 1989, second reading, Town of Vail cable television franchise ordinance. D. Ordinance No. 19, Series of 1989, second reading, an ordinance granting a cable television franchise to Heritage Cablevision to construct, reconstruct, operate, and maintain a cable communications system within the Town of Vail pursuant to and subject to the provisions of Ordinance No. 18, Series of 1989. E. Ordinance No. 20, Series of 1989, second reading, an ordinance concerning the issuance of local improvement bonds of the Town of Vail, Colorado for the Booth Creek Local Improvement District; ratifying action heretofore taken in connection therewith; prescribing details in connection with said bonds and district; prescribing duties of certain Town officials in connection therewith; repealing all ordinances and other action of the Town to the extent inconsistent herewith; and providing other matters relating thereto. 3. Appeal of Planning and Environmental Commission decision to approve a setback variance on Lot 6, Vail Village 10th Filing (950 Fairway Drive) 4. Appeal of Planning and Environmental Commission decision to approve an exterior alteration, height variance, and density variance for the Enzian Lodge, at Lot 1, Block 2, Vail Lionshead 3rd Filing (705 West Lionshead Circle) 5. Appeal of the Design Review Board decision granting final approval of the Rose Residence (2880 Booth Creek Drive) CITIZEN PARTICIPATION 6. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, AUGUST 1, 1989 7:30 p.m. EXPANDED AGENDA 7:30 1. Ten Year Employment Anniversary Award to Glenn Moore 7:35 2. Consent Agenda A. Approval of Minutes of July 11 and 18, 1989 Meetings Peter Patten B. Ordinance No. 15, Series of 1989, second reading, an ordinance allowing employee units in Lionsridge Filing #4 Action Requested of Council: Approve/deny Ordinance No. 15, Series of 1989, on second reading. Background Rationale: This is a housekeeping ordinance to correct Ordinance No. 26, Series of 1987, to allow employee units in Lionsridge Filing #4. Ordinance No. 13, Series of 1981, specifically permitted employee units on each lot, but Ordinance No. 26, Series of 1987, upon reannexation of West Vail, imposed single family zoning without reference to employee units. Employee units were inadvertently left out of wording in Ordinance No. 26. Staff Recommendation: Approve Ordinance No. 15, Series of 1989, on second reading. Larry Eskwith C. Ordinance No. 18, Series of 1989, second reading, concerning cable TV communications Action Requested of Council: Approve/deny Ordinance No. 18, Series of 1989, on second reading. Background Rationale: After a lengthy period of negotiation and review by the Town Council, this ordinance is now ready to be brought before the Council for final approval or denial. Corrections from first reading have been made. Staff Recommendation: Approve Ordinance No. 18, Series of 1989, on second reading. Larry Eskwith D. Ordinance No. 19, Series of 1989, second reading, granting a five year cable television franchise to Heritage Cablevision Action Requested of Council: Approve/deny Ordinance No. 19, Series of 1989, on second reading. Background Rationale: After review of the franchise agreement by the Town Council, the Town Attorney was directed to draft an ordinance granting a five year franchise to Heritage Cablevision. Staff Recommendation: Approve Ordinance No. 19, Series of 1989, on second reading. Larry Eskwith E. Ordinance No. 20, Series of 1989, second reading, concerning the issuance of local improvement bonds for the Booth Creek Local Improvement District Action Requested of Council: Approve/deny Ordinance No. 20, Series of 1989, on second reading. Background Rationale: This ordinance authorizes the issuance of local improvement bonds in the amount of $335,000 to finance the Booth Creek Local Improvement District. Staff Recommendation: Approve Ordinance No. 20, Series of 1989, on second reading. 7:50 3. Appeal of PEC decision to approve a setback variance on Lot Betsy Rosolack 6, Vail Village 10th Filing (950 Fairway Drive) Action Requested of Council: Uphold or overturn the PEC decision. Background Rationale: This appeal was made by an adjacent property owner. The applicant, Michael Katz, requested a front setback variance of 16 feet (4 feet from the front property line) to construct a residence. The lots on either side of Lot 6 received identical setback variances in 1975 due to geological hazards in the area. The PEC vote was 5-1-1, with Diana Donovan voting against and Jim Viele abstaining. Staff Recommendation: Uphold the PEC decision. 8:15 4. Appeal of the PEC decision to approve an exterior Kristan Pritz alteration, height variance, and density variance for the Enzian Lodge, at 705 West Lionshead Circle, Lot 1, Block 2, Vail Lionshead 3rd Filing (Applicant: Alma Equities, a New York corporation) Action Requested of Council: Approve/deny the Enzian requests and include/do not include the original staff condition of approval requiring the employee housing unit. Background Rationale: Both requests were approved unanimously by the PEC. The condition of approval for the height and density variances called for the Enzian to provide one 400 square foot restricted employee housing unit per Section 18.13.0808 10a-d. The PEC removed this condition in their motion to approve the request. The PEC also directed the applicant to work with the Vail Spa on a joint landscape plan for the north sides of their properties. Staff Recommendation: Approve the Enzian requests and include the original staff condition of approval requiring the employee housing unit. 8:35 5. Appeal of the Design Review Board decision granting final Mike Mollica approval of the Rose Residence (2880 Booth Creek Drive) Action Requested of Council: Uphold/overturn the action of the DRB. Background Rationale: The Rose residence is located on Lot 1, Block 1, Vail Village 11th Filing (2880 Booth Creek Drive). The proposal consists of the demolition of the existing primary/secondary building and the construction of a new primary/secondary building with 4,166 square feet of GRFA. This project is utilizing the 250 Ordinance for both units. The DRB granted final approval on July 19, 1989, by a vote of 2-0-2. Staff Recommendation: Uphold the action of the DRB. 8:50 CITIZEN PARTICIPATION 9:05 6. Adjournment -2- Q MINUTES VAIL TOWN COUNCIL MEETING JULY 11, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 11, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt -Michael Cacioppo Merv Lapin Gail Wahrlich-Lowenthal Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was an update by the Colorado Department of Health on the Eagle Mine Clean-up. Dick Parchini, the on-site field officer of the Department of Health overseeing the construction on the mine, gave a brief summary of what had transpired to date. He stated he expected to receive the June air monitoring data by the next week, and noted they would put up two additional TSP monitors outside the Middle School, one inside the school (probably in the gymnasium), and one across from the Battle Mountain Trading Post. He commented he hoped to have better turnaround time by sending information to Denver instead of Oregon. He reviewed a few other highlights of the project, and then answered questions of Council. Tom Steinberg reported what the Advisory Board to the School Board was doing. Mike Cacioppo thanked Dick for the report; CDOH was addressing the problems, and he appreciated it. Dick stated he would make another update next month. At this time, Mayor Rose announced he had just received the final vote tally of the special election - 307 in favor of town participation in the television translator district, and 210 against. The second item on the agenda was a consent agenda of the following items: A. Approval of minutes of the June 6 and 20, 1989 meetings. B. Ordinance No. 14, Series of 1989, second reading, regarding supplemental appropriations C. Ordinance No. 16, Series of 1989, second reading, concerning vacating a portion of a cul-de-sac in Intermountain Mayor Rose read the full titles of the ordinances. Item B was pull off the consent agenda. Merv Lapin made a motion to approve Items A and C, which John Slevin seconded. Mike Cacioppo was concerned over the statement, in the June 20 minutes, "Mike Cacioppo stated his concerns over this.", and wanted more specific information. He asked Brenda Chesman to go back and listen to the tape and make the wording specific. Eric Affeldt noted a typographical error on page 1 of the June 6 minutes. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 14, Series of 1989, second reading, was discussed. Steve Barwick stated that at first reading, $140,000 for the construction of the streamwalk had been taken out, with $10,000 left for design work. John Slevin did not feel the Council should spend the $10,000. Mayor Rose explained why he felt it should be left in the budget. Gail Wahrlich-Lowenthal stated her concerns over notification of the adjacent homeowners. There was some discussion by Council. Hermann Staufer stated he was disappointed to hear there was no need to spend the $10,000 for the study, and explained why he felt the money should be left in the budget. Tom Steinberg commented he totally agreed with Hermann. Joe Macy, representing Vail Associates, stated Vail Associates agreed with Hermann, Tom and Kent. He remarked the streamwalk should be done, if there are no negative environmental impacts. Mike Cacioppo felt the Council must find a way to compromise in the best interest of the community. There was some discussion regarding the complexity of the design issue and environmental concerns. Peter Patten then explained what the $10,000 would be spent on. There was more discussion on the pros and cons and the feasibility of the project. Tom Steinberg made a motion to approve the ordinance as presented, and Gail Wahrlich-Lowenthal seconded. Gail noted she would support the ordinance and design study so to have it placed on the Vail Village Master Plan for any future possibility years from now. Eric Affeldt remarked the supplemental appropriations were for approximately $3 million, and not just $10,000. He then reviewed what the whole amount would cover. Mike Cacioppo agreed that 98 percent should be approved, but did not want to approve wasteful spending until it is made right. A vote was taken and the motion passed 4-3, with Mike Cacioppo, Merv Lapin, and John Slevin opposing. The third item was Ordinance No. 15, Series of 1989, first reading, an ordinance allowing employee units in Lionsridge Filing No. 4. Mayor Rose read the full title of the ordinance. Peter Patten briefly explained what the ordinance was for; basically a housekeeping ordinance to rectify an unintentional omission. Peter than answered questions of Council. A motion to approve the ordinance was made by Tom Steinberg, and seconded by Merv Lapin. A vote was taken and the motion passed unanimously 7-0. The next order of business was an appeal of the Design Review Board decision granting final approval of the Cascade Crossing project. Mike Mollica reviewed the application and gave brief background information on the project. He noted the Cascade Crossing is a proposed single story retail center consisting of 10,270 square feet of leasable retail space. The property is located at 1031 South Frontage Road West, which is immediately west of the Vail Professional Building. The one acre site is zoned arterial business district. Merv Lapin had called the item up for informational purposes only; it was a large project and he wanted to know more about it. Mike responded to questions of Tom Steinberg regarding the undergrounding of utilities. After some discussion, Mike showed Council plans and drawings of the project. Bill Hine, architect for the project, reviewed the project and answered questions of Council. Merv Lapin made a motion to uphold the Design Review Board's decision regarding the Cascade Crossing project. John Slevin seconded the motion. There was more discussion regarding sharing of the cost of undergrounding utilities. A vote was then taken and the motion passed unanimously 7-0. The fifth item was an appeal of the Design Review Board decision granting final approval of the Ledges project. Mike Mollica reviewed the application and drawings of the proposed project. He noted this project, as approved by the DRB, consisted of six single family homes on approximately one acre. The site is zoned low density multi-family and has an allowable density of eight dwelling units. Randy Hodges, architect and partial owner of the project, stated it did meet the zoning requirements. Peter Patten gave some additional background information on the neighborhood and site zoning. Gail Wahrlich-Lowenthal made a motion to uphold the DRB decision of the Ledges project, which Eric Affeldt seconded. A vote was taken and the motion passed unanimously 7-0. Tom Steinberg commented the Town had looked at this property earlier and let it slip through our hands; we should look at all available properties to purchase with real estate transfer tax money. Merv Lapin stated he had not had a problem with either of the two projects, but would like more communication with staff; he needed more information. He suggested a short description of each item on the Design Review Board agendas might help. The sixth item of business was a presentation of the 1988 audited financial report. Jerry McMahan, of McMahan and Armstrong, reviewed briefly the audited financial report. Jerry, Steve Thompson, and Ron Phillips then answered questions of Council. Jerry noted there had been a vast improvement in the Town's procedures and record keeping over the last few years, and the Town staff should be commended. Tom Steinberg made a motion to accept the audit as presented, which Eric Affeldt seconded. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. Mayor Rose mentioned the Governor's "Dome on the Range" future visit. He stated the Governor would be in our area July 27; in Avon, June 27, 2:00 p.m., and in Red Cliff, June 27, 3:00-4:00 p.m. Red Cliff will be holding a town meeting then, and the Town of Vail will participate in that. -2- The last item on the agenda was discussion of the television translator vote results and direction to the staff as to any future action. Mayor Rose noted again the vote was 307 for, 210 against. Mike Cacioppo directed staff to write a letter to the District Court and County Commissioners indicating the Town of Vail would like to participate in the proposed Eagle Valley Television translator district. A motion was made by Mike Cacioppo, and seconded by Gail Wahrlich-Lowenthal. There was some discussion of the process now to District Court. A vote was then taken and the motion passed unanimously 7-0. There being no further business, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman i -3 - MINUTES VAIL TOWN COUNCIL MEETING JULY 18, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 18, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Merv Lapin Gail Wahrlich-Lowenthal Tom Steinberg MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney The first order of business was a ten year employment anniversary award to Matt Lindvall, Police Investigator. Ron Phillips briefly reviewed Matt's employment background with the Town, and presented him with a Town of Vail belt buckle. Ken Hughey, Chief of Police, thanked Matt for his hard work over the years. Mayor Rose commented he really appreciated what Matt does, and congratulated him on his length of service. The next item was Ordinance No. 13, Series of 1989, second reading, an ordinance establishing the Booth Creek Local Improvement District. Mayor Rose read the full title of the ordinance. Larry Eskwith stated this was a second public hearing, and he would take testimony a second time because the Town was required to change some figures in the ordinance. He noted the figures are now final. Larry called Stan Berryman, Director of Public Works/Transportation as a witness, and Stan was sworn in by Ron Phillips. Stan explained what had transpired since the previous public hearing June 20, 1989. He testified he had contacted the engineers, looked at the redesign and slight increase in the project cost, sent out a notice June 30, 1989 to the property owners to be assessed, published a public notice in the July 7, 1989 issue of the Vail Trail. Ron Phillips noted the Town had received one protest by Art Kleimer and the three other owners of one piece of property. Stan stated the shape of the berm had been changed and it was smaller, all the assessed property owners were abutting or would be benefitted by the improvements. He reviewed the formula used to assess each property owner's share, and testified the total cost of the project would be $386,766 minus the Town of Vail's contribution of $20,000, for a total of $366,766 to be assessed to the District. There was a short discussion regarding the protests from the first assessment versus the second assessment. Stan stated there had been five bidders for the job, with L & N Enterprises of Berthoud, Colorado as low bidder. Jack Acuff asked how the Town would handle the County's contribution of $20,000, to which Mayor Rose and Ron responded. There was a short discussion concerning the construction schedule. Stan stated the project could not be awarded, or a contract signed, for 30 days, which would be August 18, 1989. He stated the construction work would begin that day, and it looked like a two month project. Tom Steinberg asked about the timing of-taking the area out of the high hazard designation. Mayor Rose commented the engineers would have to submit the revised drawings. Larry Eskwith remarked the ordinance provided for it, too. The engineer and geologist have committed to take the area out of the hazardous designation if the project was built to their specifications. Pat Baker stated he lived on Booth Falls Court and was in favor of the project. Merv Lapin commented the Town would be responsible of maintaining the berm area in the future, and all costs would be handled by the Town. There was then some discussion regarding insurance coverage for a project like this. Gail Wahrlich-Lowenthal made a motion to approve the ordinance, which Mike Cacioppo seconded. A vote was taken and the motion passed unanimously 7-0. The third item on the agenda was Ordinance No. 20, Series of 1989, first reading, concerning the issuance of local improvement bonds for the Booth Creek Local Improvement District. The full title was read by Mayor Rose. Larry Eskwith stated this was a first reading, rather than second reading of Ordinance No. 17, and would repeal the Ordinance No. 17. The ordinance had been redrafted with correct figures and second reading would take place in two weeks. Stan Berryman noted he had scheduled a meeting with bond counsel, Dee Weiser, and another attorney to answer questions for those interested in forming a new district for the Booth Fall Townhomes; the meeting was scheduled for Friday, August 4, 1989, 3:00 p.m., at the Public Works offices. There was some discussion concerning clarification of the scheduled meeting, and Mr. Weiser's involvement in living in the district. It was noted that Mr. Weiser did not live in the district, his parents in-law live in the next proposed district. Mike Cacioppo made a motion to approve the ordinance, and Tom Steinberg seconded. Merv Lapin questioned if the bonds had been set up and who was planning to buy them, to which Ron Phillips and Larry Eskwith responded yes and explained. A vote was taken and the motion passed unanimously 7-0. The following order of business was Ordinance No. 18, Series of 1989, first reading, concerning cable television communications. Mayor Rose read the full title. Larry Eskwith stated he had drafted the ordinance and reviewed it with outside counsel and Heritage, and felt it was a good ordinance. Bill Perkins commented he had become aware of the varied community activities Heritage had been involved in over the years, and their good faith in business practices with local businesses. Mike Cacioppo remarked he agreed with Bill, Heritage had done a fine job, and he was comfortable with the ordinance and contract. Don Hagan reviewed concerns he had regarding no automatic renewal, annexed or selected areas, non-controllable issues, Heritage's liability, gross revenues, late fee interest percentage rate, digital signals received over telephone lines, and monitoring. He also noted typographical errors through the ordinance. After much discussion of these items, Eric Affeldt made a motion to approve the ordinance with the typographical corrections, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The next agenda item was Ordinance No. 19, Series of 1989, first reading, granting a five year cable television franchise to Heritage Cablevision. The full title was read by Mayor Rose. Larry Eskwith stated this ordinance would approve the actual franchise agreement with Heritage; the agreement was for five years; and it had been reviewed by Council as well as outside legal counsel. Kevin Rice, Senior Vice President of Heritage, stated he bel=ieved Heritage had exceeded all their commitments and requirements of the Town of Vail agreement in 1981; they had made the system more dependable; Heritage was a good corporate citizen because they believed in it; they also believed the new agreement was fair, but not for a long enough term - they would be required to start negotiations in 25 months for the next time. He also thanked Larry and Ron for their long hours of work on the agreement, and thanked the Council for their friendly negotiations. Merv Lapin questioned why Heritage was interested in this agreement, to which Kevin responded he felt the agreement was necessary so both sides would know what to expect, and he did not feel Heritage could do business in the Town and use our rights-of-way without it. Larry agreed. There was some discussion by Council and Kevin regarding rates and repercussions of conflict. A motion to approve the ordinance was made by Mike Cacioppo and seconded by Tom Steinberg. Peter Patten, a resident of Vail, requested certain channels and stated a petition had been sent to Kevin regarding this. Kevin responded he had not seen a petition yet, but they would take it under review. He stated if there would be a dramatic cost increase, they would have to look at it; they would not rule it out, but would not give encouragement that a change would take place before the end of the year. There was then some discussion about making the special request a pay channel, to which Kevin responded they were not allowed that option. Merv Lapin asked Kevin to look into it before second reading, if possible. Mike Cacioppo noted the audio level was not the same on all channels, to which Kevin replied as far as he knew they had not received a complaint, but they could correct it. Don Hagan commented he was happy with what Heritage had done over the years, and that Heritage had been a good corporate resident. He questioned how much did the five percent franchise fee amount to, to which Kevin replied in 1988, Heritage had paid $79,553. There was then a brief discussion concerning the operating cost of the public access channel. A vote was then taken and the motion passed unanimously 7-0. Ron Phillips remarked that Larry had done a remarkable job on a complex subject. The sixth item was Resolution No. 26, Series of 1989, concerning the Arts in Public Places Program. Kristan Pritz noted the memo Council had been given listed the changes in the document, and that one Planning and Environmental Commission member, one Council member, one Design Review Board member, and one Community Development staff person had been added to the committee. Gail Wahrlich-Lowenthal felt the committee should be increased from 7 members to 9, and asked Kristan what the -2- expectations were of the committee members, since it was written members could not miss three meetings in a row. Kristan responded she expected the committee to meet about once a month. Mayor Rose remarked he felt 3 community members and 4 Town of Vail members was too many from the Town, and either change the numbers to 5 community members and 2 from the Town, or increase the number to 9. Kristan replied she had not problem increasing the number. Mike questioned where it had been stated this would be a temporary board, which Kristan responded in the resolution; through the resolution Council was making it temporary. Mike commented he was concerned the community members would be gallery owners. It was decided that gallery owners did not always agree, so it would be alright. Kristan then reviewed the other major changes made in the document, then requested approval for the temporary board for two years, and addressed Mike's concern over costs. She stated there would be one planner staff time, and secretary time, plus if the Town needed to place the art or build a base, they may come before Council asking for funds. Mike stated he appreciated knowing up front of any potential costs. Kristan then briefly reviewed the members' roles. Eric Affeldt recommended Kristan pick up Insight magazine and show it to the board; it had good information in it. Gail Wahrlich-Lowenthal had a question regarding public safety, to which Kristan responded. Peter Patten commented this was anticlimactic; this was very positive and no public was present; he also felt the potential for Vail was immense and exactly what the Town needed to make it a more attractive place for locals and guests. He also remarked Kristan needed the most credit; she had done an outstanding job on this. He also felt the Task Force deserved a letter from the Council thanking them for the work done over the last two years. Merv Lapin made a motion to approve the resolution, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The next order of business was Resolution Nos. 28 - 53, Series of 1989, designating the financial institutions as depositories for Town of Vail funds. After a brief discussion by Council and Steve Thompson, Merv Lapin made a motion to approve all of the resolutions. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 7-0. There was no Citizen Participation. Merv Lapin suggested staff evaluate the purchase of Ginny Mae's, and encouraged staff to stay away from them. Steve Thompson agreed. There was then some discussion regarding zero coupons. Steve noted he would have the semi-annual investment report for the next Council meeting. Mike Cacioppo remarked this was the first time in history all of Council had agreed to all items on the agenda 7-0, and he thanked the other Council members for coming around to his way of thinking. Mayor Rose remarked there had been an executive session regarding lawsuits started at the Work Session that afternoon which Council had to interrupt. He asked that Council continue the executive session now. Tom Steinberg announced for those who felt the performing arts would not sell in Vail, 650 paid sit down seats had been sold last week at the Amphitheater. There being no further business, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- TO: Planning and Environmental Commission FROM: Community Development DATE: June 26, 1989 SUBJ: A request to amend Ordinance No. 26 of 1987 to allow employee units in single family houses in Lionsridge Fourth Filing. Applicant: Town of Vail 1. THE REQUEST Ordinance 26 of 1987 was written to impose zoning districts on newly re-annexed portions of West Vail. It was the purpose of the ordinance to apply the same zoning to the re-annexed property that had been applied in Ordinance No. 13 of 1981 when the property was first annexed. Ordinance No. 13 of 1981 specifically permitted employee units on each single family lot. Employee units were inadvertently left out of the wording in Ordinance No. 26 of 1987. II. STAFF RECOMMENDATION The staff recommends approval of the amendment to Ordinance No. 26, Series of 1987 to rectify this unintentional omission. ,FD OIZDINANCI: NO. 13 tJ - (S.erics of 1981) 75 s. fior,t:1.r,(2 road .l Y•:\'r is f ? , ]:l R... y,,nt~,-r,,+ •~L.:,.aC_e .y. Oj(:CU U{ ou.,l> cl(;rl~ X, Q1I~II4ilj;L"I`IPOSING:70NTNG DISTIIICTS.ON ' Mir'1't1IN.. IMVELU1'li1•'if'rS AM)' PAIICE.L OF PROPERTY 'I;l ~'TIIE.:ItLCI;NILY ANNL1rD \VLST NAIL AREA; ACCEPTING :p1ZLUIt- APPROVALS - OF THE EAGLE COUNTY C0',11iISS I0NER3 t- RELATING -THERETO; SPI;CIFYING__ l1AII~IdD1IENT PROCEDURES; SETTING FORTH CONDITIONS RELATING THERETO; AMENDING ':TIIE.`OFFICIAL ZONING MAP FOR THE TOWN OF VAIL: AND - SETTING. - FORTII DETAILS IN RELATION THERETO. -WHEREAS, the.tow.n of Vail, Colorado, recently annexed the West Vail area', County of. t`agle, 'State. -.of Colorado, effective on December . '.~-=,1-,." V Q'r ~•.~:.L1{~T..~43..-.._.. ....SS.T ter....- WHEREAS, Chapter 18.68 of the Municipal Code-of the Town of Vail sets forth procedures for the imposition of zoning districts - on recently annexed areas; and - IVIIEREAS, Section 31-12-115 (s) C.r-,..S, 1973, as amended, = requires the Town to bring the newly annexed West Vail. area under its zoning ordinance within ninety (90) days after the ef:LL ective date of said annexation; and WHEREAS, because-of certain actions taken by and approvals of - -the Eagle_ County Colmnissioners relatinb to. the within specified pxoPpi ties the Town Council is of the opinion that the zor_iTIM, esi-na i n for these areas should recognize said approvals and - corrd -u n and 11ZREAS, the Planning and Environmental Commission of the Town of Fail has considered the zoning to be. imposed on the newl;, annei West Vail area at a public hearing and his made a recommendation relating thereto, to the Town Council; and WHEREAS, the Torn Council considers that it is in the interest of the publ_i.c health, safety and welf rc to so Tone said propci•Ly; r1 .ljl~.•.'1`Oti'~; NOW, TIIEI"tL''FORE', 13E IT ORDAINED hY THE' COU\CIL Or, OF VAIL, THAT: S('Cf ioll 1. P1_000C111r0-s I-111 f.-i 1 I OL1. The procedures for the det:crrlin:l.t.i.~1~ cl_l -L,10 to he dill).' ( d oil tho nev71.; :11111(1`"cd \':I iJ. !rea as (.t l: forth i.ll Cll:ljl l er 1S.G10> <li' t'llo v: ll. \11111.1 (:i.j):1.1. Code h.,Ivo ir.c n .1'111f-i:1..Lod. Sc:r.t,ic,n '2'. Irnl,c,~:i t:j.c,n of honi nT~ lli:.Lr i cl: oil Cortain Parcels and Of the Ilow i y alll)excd Iifc7:~ t va.i j. area. Pursuant to Chapter 18.68, 'Of the Vail Municipal Code, the.propertics described in subsections e, f, g, 11 Fz i. below are a portion of the ' West. Vail area',ti.nriexei)•'.`to 'the-•Town through' the enactment of Ordinance No. 43, Series`11 "I i080',`"of the Town of Vail, Colorado, effective on the thirty-first-day-of:December; 1980, and hereby zoned as follows: a. The developments and parcels of property specified below in Subsections e, f, g, h & i shall be developed in accordance Nvith. the prio°,A "blv:,ument-approvals and actions of the Eagle County Commissioners as"the"agreements, approvals and actions relate to each development or parcel of property. L-b:-'-The documents and instruments relating to the prior county approvals, actions and agreements are presently on file in the Department of*Community Development of the Town of Vail and said approvals, actions and agreements are hereby accepted and approved by the Town of Vail. ^c: All buildings for which a building permit. has not been issued, on the effective date of the annexation of West Vail shall comply with Design-Review Criteria of the Vail 'Municipal Code prior to the issuance of n: a-building permit. a. The Community Development Department may issue staff approvals for minor changes in site design or other minor aspects of the plan for any of the specified developments or parcels. These proposed changes may be approved as presented, approvcd oith conditions or denied by the Staff with an appeal within 10 days of the Staff decision to the Planning and Environmental Commission. For major changes, such as a re=design of a major part of the site, changes as use, density control.L,--bei-;ht- or other development standards, a Planning and Environmental. Commission review should be rc-quired. The procedure for chanl;cs shall be in accordance with Ch;,ptor 1,.06 of tiie Fail Municipal Code. ---e: - The fo-110wi.ng dcvu1c?pnlr nts of property shall be subject to the Lerms of this (1.) '1'hc: Va.alc~y, ]'ll:t:;c~:; tl~~•c~tt,;lt Spl•ctc:r. Cl•crc1: (:1) 1~1~•aclcn:• C'1•c•c:l: C:c.lllcl<,Ini It i I~ul::, (4) Vail _I itc:rmouutain- 5wlln- and 'Tennis Club. (5) Briar Patch, Lots G-2, G-5 and G-G Lionsridge Subdivision Filing No. 2. (6) Casa Del Sol Condominiums. For any zoning purpose beyond the Eagle County Commissioners' approvals, agreements or actions, the developments and parcels of property specified in this subsection (e) shall be zoned Residential Cluster (RC). -Lionsridge Subdivision, Filing No. 4, shall be subject to the terms of this ordinance. For any zoning purpose beyond the Eagle County Commissioners' approval, agreement or action, this parcel of property shall be zoned Single Family Zone District (SFR) with a special pro- vision that an employee unit (as defined and restricted in Section 18.13.( of the Vail Municipal Code) will be subject to approvals as per Section 18.13.080. The secondary unit may not exceed one third of the total Gross Residential Floor Area (GRFA) allowed on the lot as per the Single Family Zone District Density Control (Section 18.10.090 of the flail Municipal Code), and Greenbelt Natural Open Space (GN OS) g. Lot G-4, Lionsridge Subdivision, Filing No. 2, has been the subject of litigation in the District Court of Eagle County, and a Court order has been issued regarding the development of this property. The Town has further approved Resolution 1'_5 of 1981 in regard to a subse- quent agreement with the owner.. The Residential Cluster (RC) Zone District will be t;he applicable zone on this property to guide the future development of the parcel, working within the bounds set by the Court Order :ind Resolution No. 5, Series of 1081. h. Bloch 10, Vail Intcrlnounta.in Subdivision and the Elliott Ranch Subdivision, shall be subject to the terms of this ordinance. For any zoning, purpose beyond the Eagle County Commissioners' approval, agree- meat or action, Flock 10 and the Elliott: Ranch, shall be zoned rrilnarv/ Secondary District. Lots S, 15 F'.. ]G of Block 10, Vail Intermountain, shall be zoned Grcelibelt F;: Natural Open Space (GNOS) . i.• Vail. Ccnn:nclu:; , Vail Dar Sll(:llc: l'i1i11;; 1~0- 4, shall be subj (.-c:t to t:hc t:crnlr, of tJ.Ji:: orda n:lll(.c. 1'c»• ally ::on:ill- J)ll.rpose h(!N,c ll(I 1110 h;l(;l e ;(?1111 tN' CC+1! mi:;:i•1011101':;' :L 7i1'('( Ill( Il 1. ,LJ)J').L'O\':l.J. (1:' :LCtl Oll , x':1.1 -h:l l l JW ''01 rd C02111103•L. i.al. ('(;r•, 111. (CCI II) . i ORDINANCE NO. 15 Series of 1989 AN ORDINANCE AMENDING ORDINANCE 26, SERIES OF 19871 TO ALLOW EMPLOYEE UNITS IN LIONSRIDGE SUBDIVISION FILING NO. 4. WHEREAS, the Town of Vail re-annexed a portion of the West Vail area effective May 1, 1987; and WHEREAS, Ordinance No. 13, Series of 1981, specifically permitted an employee unit on each single family lot in Lionsridge Subdivision Filing No. 4; and WHEREAS, Ordinance No. 26, Series of 1987 upon the re-annexation of West Vail, imposed the Single Family (SFR) District on the Lionsridge Subdivision Filing No. 4 without reference to an additional employee unit; and WHEREAS, the Town Council considers it in the interest of the public health, safety and welfare, to amend Ordinance 26 to allow for employee units in Lionsridge Subdivision Filing No. 4. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Procedures Fulfilled The procedures for the determination of the zoning district for Lionsridge Subdivision Filing No. 4 have been fulfilled. Section 2. An employee unit (as defined and restricted in Section 18.13 of the Municipal Code) shall be permitted on each lot in Lionsridge Subdivision Filing No. 4. The employee unit shall not exceed one third of the total gross residential floor area allowed on the lot per the Single Family zone district density control (Section 18.10.090). Section 3. 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 nay one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. 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. l 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 re-enacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 11rh day of July , 1989, and a public hearing shall be held on this ordinance on the 11th day of J111v , 1989 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 11th day of July , 1989 Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk ~ r TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE, TABLE OF CONTENTS PARAGRAPH TITLE PAGE NO. 1. Cable Communications Ordinance 1 2. Purpose 1 3. Applicability 1 4. Definitions 1 5. Requirement of a Franchise 5 6. General Franchise Characteristics 5 7. Franchise as a Contract 5 8. Conflicts 5 9. Franchisee Subject to Police Power 6 10. Franchise Validity 6 11. Filing of Applications 6 12. Content of Applications 7 13. Consideration of Applications 8 14. Acceptance 9 15. Franchise Term 10 16. Franchise Fee 10 17. Insurance, Bonds, Indemnity 11 18. Letter of Credit 14 19. Liquidated Damages 14 20. Forfeiture and Termination 15 21. Insolvency 17 22. Removal of Cable Communications System 17 23. Subscriber Fees and Rates 18 TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE TABLE OF CONTENTS (page 2) PARAGRAPH TITLE PAGE NO. 24. Reports 19 25. Records Required 20 26. Filings 20 27. Service Calls and Complaint Procedures 20 28. Service to Subscribers 22 29. Leased Access 22 30. Public Drops 23 31. Lock Out Device 23 32. Protection of Subscriber Privacy 23 33. Construction and Installation Work 23 34. Location of Structures, Lines and Equipment 23 35. Replacement of Paving 24 36. Alteration of Streets by Town 24 37. Trimming Trees 25 38. Temporary Move of Cables 25 39. Refunds and Service Terminations 25 40. Service Area 26 41. Continuity of Service 26 42. Transitional Operation 27 43. Periodic Reevaluation and Renegotiations 27 44. Theft of Services and Tampering 28 45. Renegotiation 28 46. Severability 29 ORDINANCE NO. 18 Series of 1989 TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE. 1. This chapter shall be known as the Cable Communications Ordinance. 2. PURPOSE The purposes of this ordinance are: a. Provide for the franchising and regulation of cable television within the Town of Vail. b. Provide for a cable communications system that will meet the current needs of the Town and that can be improved and upgraded to meet future needs. C. Provide for the payment of fees and other valuable consideration to the Town for the use of the public ways and for the privilege to construct and operate cable communications systems. d. Provide for the regulation by the Town of certain rates to be charged to subscribers for certain cable communications services, as permitted by law. e. Provide for the development of cable communications as a means to improve communication between and among the members of the public and public institutions of the Town. f. Provide remedies and prescribe by penalties for violation of this ordinance and any franchise granted hereunder. 3. APPLICABILITY This ordinance is applicable to any application for a cable franchise filed on or after the effective date of this ordinance and to any such franchise granted thereafter. 4. DEFINITIONS For the purpose of this ordinance the following terms, phrases, words and the derivations shall have the meanings given herein. When not inconsistent with the context, words used from the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word shall is mandatory and the word may is permissive. Words not defined shall be given their common and ordinary meanings. a. "Access channel" shall mean any channel set aside for public use, educational use, or governmental use without a channel use charge. b. "Access user" shall mean any person or entity entitled to make use of an access channel consistent with the intended purpose of the channel. C. "Application" shall mean a proposal seeking authority to construct and operate a cable communications system within the Town pursuant to this ordinance. It shall include the initial proposal plus all related subsequent amendments and correspondence with the Town. d. "Basic service" shall mean subscriber cable television services which includes the delivery of local television broadcast signals as required by the FCC, access channels, lease channels and local origination channels as covered by the regular monthly charge paid by all subscribers to any service tier excluding premium services, two way services, and FM radio services. e. "Cable television services" shall mean the one way transmission of video programming and associated non-video signals to subscribers together with subscriber interaction, if any, which is provided in connection with the video programming. f. "Cable communications system" or system shall mean a non-broadcast facility consisting of a set of transmission paths and associated signal generation, and reception and control equipment, under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services, institutional services, or other communications services, but such terms shall not include: 1) A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast signals; 2) A facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; 3) A facility of a common carrier which is subject, in whole or in part to the provisions of Title II of the Communications Act of 1934, as amended; except that such facility shall be considered a cable system [other than for the purposes of 47 U.S.C. 541(c)] to the extent such facility is used and the transmission of video programming directly to subscribers; or 4) Any facilities of an electric utility used solely for operating its electric utility system. g. "Town" is the Town of Vail, Colorado. h. "Channel" shall mean six (6) Megahertz (Mhz) frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals and which is at least six (6) Mhz wide. -2- i. "Connection" shall mean the attachment of the drop to the radio or television set or other communication device of the subscriber. j. "Converter" shall mean an electronic tuning device which converts transmitted signals to a frequency which permits the reception on an ordinary television receiver. k. "Council" or "Town Council" shall mean the governing body of the Town of Vail. 1. "Drop" shall mean the cable that connects a subscriber's terminal to the nearest feeder line of the cable communications system. M. "Easement" shall mean a right to use all public rights-of-way including public utility easements. n. "Feeder line" shall mean the coaxial or fiber optic cable running from the trunk line to line extenders and taps for the purpose of interconnection to individual subscribers. o. "FCC" shall mean the Federal Communications Commission. p. "Gross revenue" shall mean all operating revenue from the cable communications system derived directly or indirectly by a Franchisee, its affiliates, subsidiaries, parent, and any person in which the Franchisee has a financial interest in association with the provision of cable communications services with the Town, including but not limited to, service tier monthly fees, pay service fees in excess of programming vendor fees, institutional service fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, advertising revenues, copyright fees; provided, however, that this shall not include any taxes on services furnished by the Franchisee payable to the State of Colorado or any other governmental unit and collected by the Franchisee on behalf of said governmental unit, or any revenues from the provision of cable communications services outside the Town, or any revenues from sale of capital assets or lease of property for purposes unrelated to cable communications system. q. "Installation" means the act of connecting the system from the feeder cable to the subscriber's receiver so that the installation is to the subscriber's terminal or receiver. r. "Institutional services" shall mean one and two way non-entertainment transmission services for businesses, public agencies and community institutions. Such services include, but are not limited to, video transmission and voice and data communications. e~ s. "Leased channel" or "leased access channel" shall mean any channel or part of a channel, available for commercial use on a fee basis by persons or entities other than a Franchisee. t. "Franchise" shall mean the non-exclusive right and authority to construct, maintain, and operate a cable communications system through use of the public streets, dedications, public utility easements, or other public right-of-way or public places in the Town pursuant to a contractual agreement executed by the Town and a Franchisee. u. "Franchisee" or "Grantee" refers to an entity authorized to construct, or operate, or both, a cable communications system within the Town pursuant to this chapter including any lawful successor, transferee, or assignee of the original Grantee. v. "Monitoring" shall mean observing a communications signal carried on a cable communications system, or the absence of such a signal, by any person without regard to whether such observation is by visual or electronic means. Monitoring shall not include system-wide sweeps of the cable communications system for purposes of verifying the integrity of the system and controlling return path of the transmissions. W. "Pay Television" shall mean the delivery over the system of per channel audio-video signals to subscribers for a fee or charge in addition to the charge for basic service. x. "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. Y. "Service tier" shall mean a specific set of--c-able subscriber services which are made available as, and only as, a group for purchase by subscribers at a specific rate for the group. Z. "Street" or "public way" shall mean the surface and the space below and above any public street, road, highway, path, sidewalk, alley, court, or easement now or hereafter held by the Town for the purpose of public travel or public utilities and shall include public easements or rights-of-way. aa. "Subscriber" shall mean a recipient of cable television service or- other services provided over a cable communications system. bb. "User" shall mean a party utilizing a cable communications systems facility for the purpose of production or transmission of material or information to subscribers. -4- 5. REQUIREMENT OF A FRANCHISE It shall be unlawful to construct, install, maintain, or operate a cable communications system or part of a cable communications system within the Town without a valid franchise obtained in accordance with the provisions of this chapter. 6. GENERAL FRANCHISE CHARACTERISTICS Any franchise issued in accordance with the provisions of this chapter shall be deemed to: a. Authorize use of the public ways for installing cables, wires, lines and other facilities in order to operate a cable communications system, but shall neither expressly nor implied be deemed to authorize the Grantee to provide service to, or install cable, wires, lines, or any other equipment or facilities upon private property without owner consent, or to utilize publicly or privately owned utility poles or conduits without a separate agreement with the owners therefore; b. Be non-exclusive, and shall neither expressly nor implied be deemed to preclude the issuance of subsequent franchises to operate one or more cable communications systems within the Town; and C. Convey no property right to the Franchisee or right to renewal except as required by Federal and State law. 7. FRANCHISE AS A CONTRACT A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between the Franchisee and the Town. The Franchisee shall be deemed to have contractually committed itself to comply with the terms, conditions, and provisions of the franchise documents, and with all rules, orders, regulations, and determinations applicable to the franchise which are issued, promulgated, or made pursuant to the provisions of this chapter. 8. CONFLICTS a. All terms, conditions and provisions of this chapter and the application for a franchise shall be deemed to be embodied in a franchise, and conflicts in terms, conditions or provisions between these documents shall be resolved as follows: 1) The express terms of this chapter shall prevail over conflicting or inconsistent provisions of the franchise; 2) The express terms of the franchise shall prevail over conflicting or inconsistent provisions in the application and any request for proposals; and -5- 3) The express terms of any request for proposals shall prevail over conflicting or inconsistent provisions in the application for the franchise. b. The provisions of the franchise shall be liberally construed in order to effectuate its purposes and objectives consistent with this chapter and the public interest. In the event one or more provisions of the franchise or this chapter or subsequently found to be unlawful, null and void or unenforceable, the Town shall, at its sole option, have the right to consider said provisions severed from the franchise so as to continue the franchise's effectiveness, in accordance with the terms of this chapter. Any franchise agreement will be construed under the laws of the State of Colorado. 9. FRANCHISEE SUBJECT TO POLICE POWER A Franchisee shall, at all times during the life of a franchise, be subject to all lawful exercise of the police power by the Town and through such lawful regulations as the Town shall hereafter enact. The construction, operation, and maintenance of the system shall also be in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the State of Colorado, or any agency of said governments. 10. FRANCHISE VALIDITY A Grantee shall agree, by the acceptance of a franchise, to accept the validity of the terms and the conditions of this ordinance and the franchise in their entirety and that the Grantee will not, at any time in any claim or proceeding, challenge any term or provision of this ordinance or the franchise as unreasonable or arbitrary or argue that the Town did not have the authority to impose such term or condition. 11. FILING OF APPLICATIONS Applications for a cable communications franchise will be considered pursuant to the following procedures: a. An application may be filed at any time or pursuant to a request for proposals issued by the Town. b. Upon the filing of an application, the Town shall publish notice of the filing in a newspaper of general circulation in the Town. Any person wishing to submit any comment on the application shall, within fifteen (15) days of the date of notice of the first application, file such comment with the Town Manager. C. All applications to be acceptable for filing must be accompanied by a filing fee of ten thousand sixty dollars ($10,060). The Town shall apply all filing fees received against all costs associated with its evaluation of any pending -6- applications pursuant to this chapter. In the event that total costs are less than the total filing fees, the Town shall refund a portion of the filing fee on a prorated basis for each Applicant within forty-five (45) days after franchise grant. The Town shall furnish applicant with documentation of all costs incurred at that time. 12. CONTENT OF APPLICATIONS To be acceptable for filing, an application must conform to any applicable request for proposals and all the information specified therein. Where an application is not filed pursuant to a request for proposals shall contain at minimum, the following information: a. Identification of the ownership of the Applicant, if not a natural person, including the names and addresses of all persons with one (1) percent or more ownership interest and the ultimate controlling natural persons and identification of all officers and directors and any other primary business affiliation of each. b. An indication whether or not the Applicant, or any entity controlling the Applicant, including any officer of a corporation or a major stockholder thereof, has been adjudged bankrupt, has had a cable franchise revoked, or been found guilty by any court or administrative agency in the United States of: 1) A violation of a security or antitrust law; or 2) A felony or any other crime involving moral turpitude. Identify any such person or entity and fully explain the circumstances. C. A demonstration of the Applicant's technical and financial ability to construct and operate the proposed cable facility. d. A description of the physical facility proposed, including channel capacity including one way and two way, if any, the area to be served, a summary of technical characteristics, and head end and access facilities. e. A description relating how any construction will be implemented, identification of areas having above ground or below ground cable facilities, the proposed construction schedule, and a description where appropriate, indicating how service will be converted from any existing facility to a new facility. f. A description of the services to be provided over the system, including identification of television signals, both broadcast and non-broadcast, to be carried and all non-television services to be provided initially. Where service will be offered by tiers, identify the signals or services, or both, to be included on each tier. -7- g. The proposed rates to be charged, including rates for each service tier, as appropriate, and charges for installation, converters and other services. h. Information as necessary to demonstrate compliance with all relevant requirements contained in this chapter. i. A demonstration stating how the proposal is reasonable to meet the future cable related community needs and interests. In particular, the application should describe how the proposal will satisfy the needs as analyzed in any recent community needs assessment commissioned by the Town. j. A demonstration how the proposal was designed to be consistent with all federal and state requirements. k. Pro forma financial projections for each year of the franchise term. The projections shall include a statement of income, balance sheet, statement of sources and use of funds, and schedule of capital additions. All significant assumptions shall be explained in notes or supporting schedules set accompanying the projections. 1. A complete list of all cable communications systems in which the Applicant or a principle thereof holds an equity interest. M. An affidavit of the Applicant or duly authorized officer thereof certifying, in a form acceptable to the Town, the truth and accuracy of the information contained in the application. n. In the case of an application by an existing Franchisee for renewed franchise, a demonstration that said Franchisee has substantially complied with the material terms of the existing franchise and with applicable law. o. Any person who files an application with the Town for a cable communications franchise shall forewith, at all times, disclose to the Town, in writing, the names, addresses, and occupations of all persons who are authorized to represent or act on behalf of the Applicant in those matters pertaining to the application. The requirement to make such disclosure shall continue until the Town shall have rejected an Applicant's application or until an Applicant withdraws its application. 13. CONSIDERATION OF APPLICATIONS a. The Town shall consider each application for a franchise with the applications found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable request for proposals. In evaluating an application, the Town will consider, among other things, the Applicant's past service record in other communities, the nature of the proposed -8- facilities and services, including rates to be charged therefor, and whether the proposal is adequate to meet the future cable related community needs and interests of the citizens of the Town. Where the application is for a renewed franchise, the Town shall consider whether: 1) The cable operator has substantially complied with the material terms of the existing franchise and with applicable law; 2) The quality of the operator's service, including signal quality, response to consumer complaints, and billing practices; but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; 3) The operator has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the operator's proposal; and 4) The operator's proposal is reasonable to meet the future cable related community needs and interests, taking into account the cost of meeting such needs and interests. b. Where the Town determines that an Applicant's proposal, including the proposed service area, would serve the public interest, and may grant a franchise to the Applicant. The franchise agreement will constitute a contract, freely entered into, between the Town and the Grantee. Said franchise agreement shall incorporate by reference the relevant provisions of this chapter. Any such franchise must be approved by ordinance of the Town Council pursuant to the ordinances of the Town and the Charter of the Town. C. In the course of considering an application for renewed franchise, the Council shall hold a public hearing, consistent with the provisions of 47 U.S.C., Section 626 as existing or as may from time to time be amended. d. A franchise granted pursuant to this chapter shall not take effect until the Applicant pays a grant fee to the Town. The grant fee shall be equal to the Town's reasonable direct costs in the franchising process, less the application filing fee received. The Town shall provide to the Grantee a statement summarizing such costs prior to the execution of the franchise. 14. ACCEPTANCE A franchise and its terms and conditions shall be accepted by a Grantee by written instrument, in a form acceptable to the Town Attorney, and filed with the Town Clerk within thirty (30) days after the granting of the franchise by the Town. In its acceptance, the Grantee shall declare that it has carefully read the terms -9- and conditions of this ordinance and the franchise and accepts all of the terms and conditions of this ordinance and the franchise and agrees to abide by same. In accepting a franchise, a Grantee shall indicate that it has relied upon its own investigation of all relevant facts, that it was not induced to accept the franchise and that it accepts all reasonable risks relating to the interpretation to the franchise. 15. FRANCHISE TERM The term of a franchise shall be as specified in the franchise agreement, but it shall not exceed fifteen (15) years. If a Franchisee seeks authority to operate a cable system in the Town beyond the term of its franchise, it shall file an application for a renewed franchise not later than thirty (30) months prior to the expiration of its franchise. 16. FRANCHISE FEE a. The Franchisee in consideration of the privilege granted under a franchise for the use of the public ways and the privilege to construct and operate a cable communications system, shall pay to the Town five (5) percent of its annual gross revenues during the period of its operation under the franchise. b. A Franchisee shall file with the Town, thirty (30) days after the last day of each quarter, a financial statement showing the gross revenues received by the Franchisee during the preceding quarter. A Franchisee shall pay the quarterly portion of the franchise fee to the Town on or before the time such financial statement is due to be filed. With each payment required by this Section 902 the Franchisee shall submit a written statement, signed and certified by the Franchisee to be true and correct, showing for the immediately preceding calendar quarter the amount of gross revenues, the amount of all revenues derived from the system and an itemization of all permissible deductions therefrom to arrive at gross revenues. The Franchisee shall also submit to the Town on or before the 30th day following the end of each calendar year and following the expiration or termination of this franchise a written statement, signed and certified by the Franchisee to be true and correct, showing for the immediately preceding year or partial year, as applicable, the amount of gross revenues, the amount of all revenues derived from the system and an itemization of all permissible deductions therefrom to arrive at gross revenues. The Town shall have the right on thirty (30) days notice to the Franchisee to demand that the annual statement be certified to be true and correct and in compliance with the requirements of this ordinance by both the Franchisee and an independent certified public accountant in accordance with sound and accepted accounting -10- practice. The statements referred to in this subsection shall be in such form and style and contain such details and information as the Town shall reasonably designate. The acceptance by the Town of payments or reports thereof shall be without prejudice and shall not constitute a waiver of the Town's right to claim a deficiency in the payment of franchise fees or to audit the Franchisee's books and records, as hereinafter set forth. C. Upon five (5) days prior written notice to the Franchisee, the Town shall have the right to cause a complete audit to be made of the books and records of the Franchisee with respect to the System. If the results of such audit show that the Franchisee's statement of gross revenues for any period ending not more than three (3) years prior to the commencement of the audit has been understated by three percent (3%) or more, then the Franchisee shall pay the Town the cost of such audit, any deficiency payment shown by such audit to be due and interest thereon at the agreed rate. A report of the findings of the Town's accountant shall be binding and conclusive upon the Franchisee and the Town. d. In the event that any franchise payment is not received by the Town on or before the applicable date, interest shall be charged from such due date at an annual interest rate then chargeable for unpaid federal income taxes (26 U.S.C., Section 6621). In addition to the foregoing, the Franchisee shall pay a late charge of five (5) percent of the amount of such payment. Interest and late charges will not be chargeable to the Franchisee for additional payment required under the yearly adjustment, provided that such payment does not exceed ten (10) percent of the total monthly payments made during the year. In the event such payment exceeds ten (10) percent, the Franchisee shall be liable for interest and late charges for the entire amount. e. In the event a franchise is revoked or otherwise terminated prior to its expiration date, the Franchisee shall file with the Town, within ninety (90) days of the date of revocation or termination, an audited financial statement showing the gross revenues received by the Franchisee since the end of the previous year and shall make adjustments at that time for the franchise fees due up to the date of revocation or termination. 17. INSURANCE, BONDS, INDEMNITY a. Upon the granting of a franchise and following simultaneously the filing of the acceptance of the franchise and at all times during the term of the franchise including the time for removal of facilities or management as a trustee as provided for herein, the Franchisee shall obtain, pay all premiums for, and deliver -11- to the Town written evidence of payment of premiums for and the originals of the following: 1) A general comprehensive public liability policy or policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissions, agents, or employees from any and all claims by any person whatsoever, including the costs, defenses, attorneys fees, and interest arising therefrom on account of injury to or death of a person or persons occasioned by the operations of the Franchisee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of one million dollars ($1,000,000) per personal injury or death of any one (1) person and three million dollars ($3,000,000) for personal injury or death of any two (2) or more persons in any one (1) occurrence. The policy shall be endorsed adding coverage against all claims for personal injury liability offenses. 2) A property damage insurance policy or policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissions, agents, and employees from and against any and all claims by any person whatsoever, including the costs, defenses, attorneys fees, and interest arising therefrom, for property damage occasioned by the operation of the Franchisee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of five hundred thousand dollars ($500,000) for property damage to the property of any one (1) person and one million dollars ($1,000,000) for property damage to the property of two (2) or more persons in any one (1) occurrence. 3) A performance bond or bonds in favor of the Town with good and sufficient surety approved by the Town in the sum set forth in the franchise agreement conditioned upon the faithful performance and discharge of the obligations imposed by this ordinance and the franchise awarded hereunder from the date hereof. The amount of the bond may be reduced as any construction that is required is completed, consistent with the franchise agreement. b. The bond requirements set forth above shall no longer apply upon completion of construction and inspection by the Town as follows: (1) Franchisee shall give notice to the Town at such time as Franchisee has completed the construction. (2) Upon receipt of notice, the Town shall have sixty (60) days to receive a written report from an independent engineer; provided, however, if the Town fails to receive such a written report within the sixty (60) days the completion of construction shall be deemed to have taken place, unless the failure -12- to receive such a report is due to unforeseen events, acts of God, or events beyond the reasonable control of the Town. (3) Notwithstanding anything to the contrary, the Town may condition completion of the construction upon receipt of a written report from an independent engineer. The completion of the system upgrade or system rebuild shall not be deemed to have taken place until the independent engineer reports the following: (a) All construction or improvements contemplated by the Franchisee have been completed or otherwise satisfactorily resolved; (b) Satisfactory test results using the technical standards set forth in this franchise agreement at up to ten (10) widely separated subscriber drops selected by the independent engineer and using the following tests: 1) Signal level 2) Hum 3) Bypass responsive system 4) Carrier to noise of system 5) TASO picture quality (2 or better) (c) Compliance with all applicable codes and standards. (d) Carriage of the basic service as available, as set forth in this franchise ordinance. C. All bonds and insurance policies called for herein shall be in a form satisfactory to the Town Attorney. The Town may at any time, if it deems itself insecure, require a Franchisee to provide additional sureties to any and all bonds or to replace existing bonds with new bonds for good and sufficient surety approved by the Town. d. A Franchisee shall, at its sole cost and expense, indemnify and hold harmless the Town, its officials, boards, commissions, agents and employees against any and all claims, suits, causes of action, proceedings, and judgments for damage arising out of the operation of the cable communications system by Franchisee under the franchise. These damages shall include, but not be limited to, penalties arising out of copyright infringements and damages arising out of any failure by Franchisee to secure consent from the owners, authorized distributors or licensees or programs to be delivered by the Franchisee's communications system whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as costs and attorneys fees, and shall also include the -13- reasonable value of any services rendered by the Town Attorney or his or her assistants or any employees of the Town. e. No Franchisee shall permit any policy or bond to expire and the Franchisee, not less than thirty (30) days prior to its expiration shall deliver to the Town a substitute renewal or replacement bond or bonds in conformance with the provisions of this ordinance. 18. LETTER OF CREDIT a. The Town may at its discretion require that a Franchisee obtain a letter of credit. When and if the Town should so require, the Franchisee shall deposit with the Town a letter of credit from a financial institution approved by the Town in the amount of fifty thousand dollars ($50,000). The letter of credit may not be revoked or terminated during the term of the franchise except with the written approval of the Town. The form and the content of such letter of credit shall be approved by the Town Attorney. The letter of credit shall be used to insure the faithful performance by the Franchisee of all provisions of the franchise and of this ordinance; compliance with all orders, permits, and directions of any agency, commission, board, department, division, or office of the Town having jurisdiction over its acts or defaults under this license; and the payment by the Franchisee of any claims, liens, and taxes due the Town or other municipalities which arise by reason of the construction, operation or maintenance of the system. b. The letter of credit shall be maintained by the Franchisee at twenty five thousand dollars ($25,000) during the entire term of the franchise as the Town may require, even if funds are drawn against it pursuant to this ordinance. C. The letter of credit shall contain the following endorsement: "It is hereby understood and agreed that this letter of credit may not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after the receipt by the Town Attorney, by certified mail, of a written notice of such intention to cancel or not to renew. d. At the Town's option it may draw against the letter of credit for any unpaid liquidated damages, franchise fees, or other amounts owing to it under the franchise which are thirty (30) days or more past due. The Town shall notify the Franchisee in writing at least ten (10) days in advance of drawing upon the letter of credit. 19. LIQUIDATED DAMAGES In the event that the Town finds the Franchisee is in violation of any material obligation under this ordinance or the franchise, the Town shall notify the -14- Franchisee in writing of such apparent violation and require the Franchisee to cure the default within a reasonable time. The Franchisee shall respond in writing to the notice of violation within ten (10) working days from receipt of such notice setting forth the steps taken to correct or propose to correct the violation. The Town may extend the time for such response upon a showing of just cause by the Franchisee. Franchisee may, within three (3) days of receipt of such notice, notify the Town that there is a dispute as to whether a violation or failure has in fact occurred. Such notice by the Franchisee to the Town shall specify with particularity the matters disputed by the Franchisee and shall stay the running of the above described time. The Town shall hear the Franchisee's dispute at a regularly scheduled meeting within a reasonable period of time. If after hearing the dispute, the claim is upheld by the Town, Franchisee shall have five (5) days from such a determination to remedy the violation or failure. The Town may assess penalties as follows: a. Up to one hundred dollars ($100) per day for construction related violations. b. Up to fifty dollars ($50) per day for recurring violations. C. Up to five hundred dollars ($500) for other violations. The penalties set forth herein are in addition to all other rights of the Town whether reserved by this franchise ordinance or authorized by law and no action, proceeding or exercise of a right with respect to such penalty shall affect any other right the Town may have. 20. FORFEITURE AND TERMINATION a. In addition to all other rights and powers'retained by the Town under this ordinance and any franchise issued pursuant thereto, the Town reserves the right to forfeit and terminate the franchise and all rights and privileges of the Franchisee in the event of substantial breach of its terms and conditions. A substantial breach by the Franchisee shall include, but shall not be limited to, the following: 1) An uncured violation of any material provision of this ordinance or franchise issued thereunder, or any material rule, order, regulation, or determination of the Town made pursuant thereto; 2) An attempt to evade any material provision of the franchise or practice of any fraud or deceit upon the cable communications system customers and subscribers or upon the Town; -15- 3) Failure to begin or substantially complete any system construction or system extension as set forth in the franchise; 4) Failure to provide the mix, quality, and level of services promised in the application or specified in the franchise or a reasonable substitute therefor; 5) Failure to restore service after ten (10) consecutive days of interrupted service except when approval of such interruption is obtained from the Town; 6) Material misrepresentation of fact in the application for, or during negotiation relating to, the franchise; 7) Failure to provide surety and indemnity as required by the franchise or this chapter. b. The Franchisee shall have no liability to the Town, nor shall the Town have the right to terminate or revoke this franchise or invoke penalties in accordance with Section 19 of the Cable Ordinance as a result of any failure of the Franchisee to perform, or delay by Franchisee in the performance of, its obligations hereunder (other than to pay the franchise fee and other payments required by this Agreement) if such failure or delay is caused by factors beyond the control of the Franchisee, including without limitation, any flood or other Act of God, laws, regulations, rules or orders of any governmental agency, sabotage, strikes, lockouts or job actions, failure or delay in transportation or the unavailability of any product or material necessary to the performance hereof; provided that Franchisee has exercised all due care to prevent the occurrence of such events which are reasonably foreseeable, including without limitation, actively pursuing alternative products, materials and means of transportation. In the event that delay in performance or failure to perform affects only part of Franchisee's capacity to perform, then the Franchisee shall perform to the extent it is reasonably able to do so. The Franchisee agrees that the excuse for nonperformance under this Section shall last only so long as the act which excuses- performance under this Section shall continue without interruption. In correcting any causes of nonperformance and in effecting any partial performance, Franchisee shall take all necessary corrective actions as expeditiously as possible. C. The Town shall make a written demand by certified mail that the Franchisee comply with any such provision, rule, order or determination under or pursuant to the franchise. If a violation of the franchise continues for a period of thirty (30) days following such written demand without written proof that the -16- corrective action has not been taken or is being actively and expeditiously pursued, the Town may consider terminating the franchise; provided, however, a written notice thereof shall be given to the Franchisee at least fifteen (15) days in advance and the Franchisee must be given an opportunity to appear before the Council to present its arguments. Should the Town determine, following the public hearing, that the violation by the Franchisee was the fault of the Franchisee and within the Franchisee's control, the Town may, by resolution, declare that the franchise be forfeited and terminated; provided, however, the Town may in its discretion, provide an opportunity for the Franchisee to remedy the violation and come into compliance with the franchise and this ordinance so as to avoid the termination. 21. INSOLVENCY The franchise granted hereunder may be terminated prior to its expiration if the Town Council finds that Franchisee becomes insolvent, unable or unwilling to pay its debts as they become due, files a petition for relief under any state or federal bankruptcy, reorganization, insolvency or similar law (or any such petition is filed against the Franchisee and is not dismissed without sixty (60) days), is adjudged as bankrupt, assigns all or a substantial part of its assets for the benefit of its creditors, all or part of Franchisee's facilities are sold under an instrument to secure a debt, or a receiver is appointed with respect to all or a substantial part of the Franchisee's assets or stock. 22. REMOVAL OF CABLE COMMUNICATIONS SYSTEM In the event this franchise agreement expires, is revoked or otherwise terminated, Franchisee shall remove at its own expense all designated portions of the cable communications system from all streets and public ways within the Town. In removing its plant, structures and equipment, Franchisee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways in as good a condition as that prevailing prior to Franchisee's removal of its equipment and appliances without affecting the electrical or telephone or other utility lines, wires, pipes or attachments. -The-Town may inspect and approve the condition of the public ways, cables, wires, attachments and poles after removal. The liability, indemnity and insurance as provided herein and in the Vail cable television ordinance shall continue in full force and effect during the period of removal and until full compliance by Franchisee with the terms and conditions of this paragraph and this ordinance. -17- i In the event of a failure by Franchisee to complete any work required by this franchise agreement or the Vail cable television ordinance, or any other work required by Town law or ordinance within the time as may be established and to the satisfaction of the Town, the Town may cause such work to be done. The Franchisee shall reimburse the Town the costs thereof within thirty (30) days after receipt of an itemized list of such costs. 23. SUBSCRIBER FEES AND RATES a. The initial fees to be charged to subscribers for all services including installation fee and other one time charges shall be specified in any franchise agreement issued pursuant hereto. b. Those fees and charges which are subject to regulation by the Town in accordance with Federal law shall not be increased without prior approval of the Town. C. In order to obtain Town approval for rate increases, the Franchisee shall file a revised schedule of rates with the Town at least ninety (90) days in advance of a proposed rate increase. Subscribers shall be notified of the proposed increases within ten (10) days of notice to the Town. This filing shall specify the rates or fees to be increased and associated regulations which may affect charges to the subscribers and the justifications for said increases and charges. The Franchisee shall promptly submit any additional supporting information requested by the Town. d. Within thirty (30) days of the rate increase filing, the Town shall schedule a public meeting before the Council to hear subscriber and Franchisee comment on the proposed increase. Following the public meeting, the Council shall determine whether or not to grant the proposed increase or a portion thereof prior to the expiration of said ninety (90) day period. e. Rates shall be just and reasonable, considering the Franchisee's costs, including a reasonble rate on investment over the remaining term of the franchise, and shall not give any undue or unreasonable preference or advantage to any subscriber or class of subscribers. f. Rates and charges may be reduced at any time without prior Town approval, provided that the reductions do not result in rates which are unreasonably discriminatory to any subscriber or class of subscribers. Where temporary reductions are put into effect for promotional purposes for a specified time period, a return to the permanent rate shall not be considered a rate increase for the -18- purpose of this Chapter. The Town shall be notified of all reductions in rates whether permanent or temporary. g. Rates and charges not subject to regulation by the Town under Federal law or regulation may be changed by the Franchisee following a minimum of thirty (30) days prior notice to the Town and a minimum of thirty (30) days prior notice to all subscribers of basic service. 24. REPORTS a. Annual Report No later than one hundred twenty (120) days after the end of the each Franchisee's fiscal years, the Franchisee shall file a written report with the Town which shall include: 1) A summary of the previous calendar year's activities and development of the system, including but not limited to, services begun or dropped, number of subscribers, including gains and losses, homes past, and miles of cable distribution plants and service. 2) A financial statement certified by an officer of the Franchisee including a statement of income, a balance sheet, and a statement of sources and applications of funds. The statement shall include notes that specify all significant accounting policies and practices upon which it is based, including, but not limited to, depreciation rates and methodology, overhead and interest system cost allocation methods, and basis for interest expense. A summary shall be provided comparing the current year with the three previous years. The statement shall contain a summary of the payments. 3) An annual summary of complaints received. 4) An annual projection of plans for the future. 5) An annual report of the company. 6) A current annual statement of cost of construction by component category. 7) An ownership report, indicating all persons, who at any time during the preceding year directly controlled or benefited from an interest in the franchise of five (5) percent or more of the Grantee. 8) A copy of all the Franchisee's rules and regulations applicable to subscribers and users of the cable communications system. b. Additional Reports The Franchisee shall prepare and furnish to the Town at the times and in the form prescribed, such additional reports with respect to its operation, as -19- may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the Town in connection with this ordinance or the franchise agreement. 25. RECORDS REQUIRED a. Mandatory Records The Franchisee shall at all times maintain: 1) A record of all complaints received during the term of the franchise. 2) A full and complete set of plans, records and "as built" maps showing the exact location of all cable television system equipment installed or in use in the Town, exclusive of subscriber service drops. b. Inspection by Town Upon reasonable notice to the Franchisee, the Town shall have the right to inspect all property, maps, and records relating to the cable operations at any time during normal business hours. All records required by the Town for such inspection shall be made available within the Town of Vail, Colorado, within a reasonable time after the request. 26. FILINGS The Franchisee shall mail or deliver a copy of all filings it makes with State and Federal agencies to the Town Clerk. Said copy shall be mailed or delivered on the filing date. 27. SERVICE CALLS AND COMPLAINT PROCEDURES a. During the term of the cable franchise, the Franchisee shall maintain an office in the Town or in the vicinity thereof which subscribers within the franchise area may telephone without incurring toll charges. Except in the event of catastrophic failure, no subscriber's complaint shall remain without investigation by the Franchisee for more than a twenty-four (24) hour period. The Franchisee will provide the Town with a name, address and telephone number of the person who will act as the Franchisee's agent to receive complaints regarding quality of service, equipment malfunctions and similar matters. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m. Monday through Friday excluding legal holidays. All employees of the Franchisee whose employment relates to the operation or maintenance of the system shall be required to carry an identification card and present same to any subscriber upon request when entering the premises of such subscriber for the purpose of providing service or otherwise. The Franchisee shall -20- provide the means to accept complaint calls twenty-four (24) hours a day, seven (7) days a week. Accurate records shall be kept by the Franchisee summarizing the nature, extent, time and date by which the complaint was resolved or sought to be resolved. The Franchisee shall promptly furnish each present or future subscriber with a letter of instruction explaining the importance and the manner of reporting complaints and rules and regulations governing the obligations of the Franchisee to respond to subscriber complaints. Calls or letters involving complaints about billing and programming will be handled immediately whenever possible. A written complaint will be retained for two (2) years, including a summary reply. The complaint filed shall be available for periodic inspection by the Town. b. Should a subscriber have an unresolved complaint regarding the quality of the cable television service, equipment malfunctions, or other pertinent matters, the subscriber shall be entitled to meet jointly with the Town Manager or his authorized representative and the Franchisee System Manager to fully discuss in an attempt to resolve such matters, provided, that prior to such meeting, the subscriber shall clearly state in writing the specific nature, frequency and extent of the alleged problem and the dates on which the problem has occurred. This written complaint shall be filed with the Town Manager, who shall forward a copy of such complaint to the Franchisee System Manager. Franchisee shall then have five (5) days after receiving the complaint within which to assess the problem and file a written response with the Town Manager stating specifically what has been done to correct the problem. If the subscriber remains unsatisfied after following this procedure he may then request that such a meeting with the Town Manager or his authorized representative and Franchisee System Manager be held. When there have been similar complaints made or where there exists other evidence which in the judgment of the Town cast doubt on the reliability or quality of cable service, the Town shall have the right and authority to require the Franchisee to test, analyze and report on the performance of the system. The Franchisee shall fully cooperate with the Town in performing such testing and shall prepare results in a report, if requested, within thirty (30) days after notice. Such report shall include the following information: 1) The nature of the complaint or problem which precipitated the tests. 2) What system component was tested. 3) The equipment used and procedures employed in testing. -21- 4) The method, if any, in which the complaint or problem was resolved. 5) Any other information pertinent to said tests and analysis which may be required. Where there are recurring service problems, the Town may require that tests be supervised by a qualified independent professional engineer not on the permanent staff of the Franchisee. The engineer shall sign all records of special tests and forward to the Town such records with a report interpreting the results of the tests and recommending actions to be taken. The costs of said engineer's services shall be the sole obligation of the Franchisee. C. In the event that total service to any subscriber is interrupted for twenty-four (24) or more consecutive hours, except in circumstances for which advance consent to the interruption is obtained from the Town, the Franchisee shall provide a one-thirtieth (1/30) pro rata rebate of the monthly fees to affected subscribers upon the subscriber's request for each twenty-four (24) hour period, or portion thereof, that service is interrupted. For purposes of computing the time of interrupted total service, such time shall begin when a complaint for interrupted service is received by the Franchisee or when the Franchisee has actual or constructive notice of the interruption. 28. SERVICE TO SUBSCRIBERS A Franchisee shall provide all the following services to subscribers: a. A basic subscriber television service tier which consists, at minimum, of any legally required must carry signals an information and weather channel and at least one (1) public educational and governmental access channel. b. The Franchisee shall provide leased access channels to the extent required by Federal law. C. A Franchisee shall provide equipment directly or through grants for local program production by all cable users for live and video tape presentation over the cable television system. The Franchisee shall have no control over the content of access programs. Any public access channel shall be made available to any member of the public on a first; come, first served, nondiscriminatory basis. 29. LEASED ACCESS The Franchisee shall make channels available for leased or commercial use as specified in the franchise agreement consistent with Federal law. -22- 30. PUBLIC DROPS The Franchisee shall provide without charge within the franchise area one drop activated for basic subscriber cable television service to each fire station, public school, police station, public library, municipal building and other such buildings used for public purposes. 31. LOCK OUT DEVICE The Franchisee shall provide, for sale or lease, upon request, a lockout device for use by a subscriber. Such device shall be capable of restricting the reception of any channel. The lockout device should be made available to all subscribers requesting it and the charge and availability of this device shall be made a part of the rate schedule. 32. PROTECTION OF SUBSCRIBER PRIVACY Franchisee shall protect the Town's privacy consistent with the provision of 47 U.S.C. 631, as amended. 33. CONSTRUCTION AND INSTALLATION WORK a. The Town shall have the right but not the obligation to inspect all construction and installation work performed by the Franchisee subject to this Chapter as it shall find necessary to insure compliance with the governing ordinances and the franchise. b. All construction, installation, and maintenance must comply with all Town ordinances including all uniform codes adopted by the Town and all state and local regulations and good and accepted industry practices. 34. LOCATION OF STRUCTURES, LINES AND EQUIPMENT a. The Franchisee shall utilize existing conduits and other facilities whenever possible, and shall not construct or install any new, different or additional conduits or other facilities whether on public property or on privately owned property until approval of the property owner or appropriate governmental authority is obtained. However, the location and installation of any conduit, or other facility by a Franchisee shall not create a vested interest, and such structures, or facilities shall be removed, replaced, or modified by a Franchisee at its own expense whenever the Council or other governmental authority determines that the public interest so necessitates. b. All transmission and distribution structures, lines and equipment installed by the Franchisee within the Town shall be located so as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of -23- property owners who adjoin any of the streets, alleys or other public ways or places and where they will not interfere with any gas, electric, telephone, water or other preexisting utility facility. C. All such fixtures in any street or public way shall be placed in full accordance with the standards set forth in the Municipal Code of the Town of Vail. d. Cable shall be installed underground at Franchisee's expense. Previously installed aerial cable shall be placed underground in concert with other utilities when both the telephone and electrical utilities convert from aerial to underground construction. Franchisee shall place cable underground in newly platted areas in concert with both the telephone and electric utilities unless this requirement is waived by the Town. Equipment shall not be stored on Town right-of- way. A preconstruction conference with the property owners will be completed prior to commencing any underground construction, and the Town shall assist and cooperate in such conferences if necessary. All soil, earth, sod or improvements disturbed by the installation shall be replaced and restored to their original condition. Patching of highways, roads and driveways will be completed in accordance with the specifications promulgated by, and subject to inspection and approval by, Town, County or State engineers, as appropriate. 35. REPLACEMENT OF PAVING The Franchisee at its own cost and expense and in a manner approved by the Town shall replace and restore all paving, sidewalks, driveways or surface of any street or alley or public way disturbed, in as good a condition as before the work was commenced and shall maintain the restoration in an improved condition for a period of one (1) year. Failure of the Franchisee to replace or restore such paving, sidewalk, driveway, or street surface within forty eight (48) hours after completion of work shall authorize the Town to cause the proper restoration to be made at the Franchisee's expense. 36. ALTERATION OF STREETS BY TOWN If the Town shall lawfully decide to alter or change the grade of any street, alley, or other public way, the Franchisee, upon reasonable notice by the Town, shall, in a timely manner as requested by the Town, remove and relocate its poles, wires, cables, underground conduits, and other facilities at its own expense. If other utilities are compensated, Franchisee shall be entitled to the same compensation. -24- 37. TRIMMING TREES A Franchisee shall have the authority to trim trees upon an overhanging of streets, alleys, sidewalks, and public places of the Town so as to prevent the branches of such trees from coming into contact with wires and cables and other television conductors and fixtures of the Franchisee. The Town may require all trimming to be done under its supervision and direction and at the expense of the Franchisee. 38. TEMPORARY MOVE OF CABLES A Franchisee shall on the request of any person holding a valid house moving permit, temporarily raise or lower its wires or cables to permit the moving of buildings or other large projects. The expense of such temporary raising or lowering of wires shall be paid by the person making the request, and the Franchisee shall have the authority to require such payment in advance. The Franchisee shall be given not less than forty eight (48) hours advance notice to arrange for such temporary wire changes. 39. REFUNDS AND SERVICE TERMINATIONS a. A Franchisee shall establish and conform to the following policy regarding refunds to subscribers and users: If the Franchisee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the Franchisee shall provide such service or equipment within thirty (30) days of the collection of the deposit or charge or the Franchisee shall refund such deposit or charge within five (5) business days thereafter. Any converter security deposit collected by the Franchisee shall be returned to the subscriber twenty-four (24) months after the installation of such converter, or upon termination of service by the subscriber and return of such converter undamaged with allowance for reasonable wear and tear and payment of any outstanding balance due and payable, whichever occurs first. If and when the Franchisee collects deposits from its subscribers, it shall pay interest on any deposit required of the subscriber at the agreed rate in effect from time to time minus two (2) percentage points. The Franchisee may elect to pay such interest in the form of credits to subscriber accounts. Nothing in this Section shall be construed: 1) To relieve a Franchisee of any responsibility it may have under separately executed contracts or agreements with its subscribers or users; -25- 2) As limiting a Franchisee's liability for damages, if any, which may be imposed under the franchise for the violation or breach of any provisions thereof; or 3) To limit the Franchisee's liability for damages, if any, because of its failure to provide the service for which deposit or charge was made. b. The following requirements shall apply to subscriber disconnection: 1) There shall be no charge for disconnection of any installation, service or outlet. All cable communications equipment shall be removed within a reasonable time from a subscriber's property upon the subscriber's request, such time not to exceed thirty (30) days from the date of request. Franchisee may charge for adding or deleting channels at the subscriber's request. 2) If any subscriber fails to pay a properly due monthly subscriber's fee, or any other properly due fee or charge, the Franchisee may disconnect the subscriber's service; provided, however, that such disconnection shall not be effected until thirty (30) days after the due date of the monthly subscriber fee or charges and shall include a minimum five (5) days written notice to the subscriber of the intent to disconnect. After disconnection, upon payment in full of all proper fees or charges, including the payment of any reconnection charge, the Franchisee shall promptly reinstate the service. 40. SERVICE AREA The Franchisee shall offer full cable television service to all areas of the Town unless specifically authorized to serve a lesser area. A franchise issued in accordance with this Ordinance shall require that all dwelling units within the franchise territory be offered service on the same terms and conditions; provided, however, multiple family dwelling complexes, apartments, or condominiums may be served on a master-bill basis; and further, service to motels, hotels, hospitals, and similar businesses or institutions may be offered on terms and conditions different from single residence subscribers. In the event that subsequent to the issuance of a franchise the Town annexes additional territory, a Franchisee shall extend its cable television services into the annexed area within a reasonable time of a request by the Town to do so. Such reasonable time shall not be less than nine (9) months. 41. CONTINUITY OF SERVICE a. Where a Franchisee rebuilds, modifies, or sells its system, it shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. -26- b. As long as it is entitled to revenues from the operation of the cable system, a Franchisee shall maintain continuity of service during any temporary transition in the franchise, including but not limited to, the following circumstances: 1) Revocation of the franchise. 2) Nonrenewal of the franchise. 3) Transfer of the cable system to the Town or another entity. 42. TRANSITIONAL OPERATION In the event a Franchisee continues to operate the system in a transitional period, with Town acquiescence, following the expansion, revocation, or other termination of the franchise, it shall be bound by all the terms, conditions, and obligations of the franchise as if it were in full force and effect. The terminating Franchisee shall cooperate with the Town and any subsequent Franchisee in maintaining and transferring service responsibility. 43. PERIODIC REEVALUATION AND RENEGOTIATIONS a. Since the field of cable communications is rapidly evolving and many technological, regulatory, financial, marketing, legal, competitive, and other changes are likely to occur during a franchise term, a degree of flexibility is needed in order to achieve and maintain a modern and efficient cable communications system that adequately serves the public. To this end, the Town with cooperative assistance from a Franchisee, shall periodically reevaluate the system operation and negotiate appropriate franchise changes. b. The Town shall reevaluate the Franchisee's cable operations and service three (3) years following the award date of the franchise and every three (3) years thereafter for the life of the franchise. The Franchisee shall cooperate with the Town in such evaluation and provide information as may be necessary for the evaluation. C. Following the public release of a reevaluation report, the Town and the Franchisee shall meet to discuss the reevaluation and possible means of improving service to the public. At that time, the parties shall negotiate any changes in the franchise that may be necessary or desirable. Upon request of the Town, Franchisee shall, no earlier than ninety (90) days and no later than thirty. (30) days prior to a review and evaluation session, conduct a written survey of subscribers. Each questionnaire shall be prepared and constructed in good faith so as to provide measurements of subscribers preferences and satisfaction for: 1) Programming offered by Franchisee at the time the survey is conducted. 2) Programming generally available to cable subscribers nationally but not offered by Franchisee at the time the service is conducted. 3) Maintenance and subscriber complaint practices. As a part of the review and evaluation session, Franchisee shall report in writing what steps it may be taking to implement the findings of the survey. d. The Town and the Franchisee may meet at other times to discuss and negotiate possible changes to the franchise pursuant to an agenda agreed to in advance by both parties. Such special sessions are intended to provide a mechanism for effecting franchise changes necessitated by major events affecting cable communications, such as state or federal legislation, new or revised state or federal regulations, or an extraordinary-change in circumstances. 44. THEFT OF SERVICES AND TAMPERING a. No person, whether or not a subscriber of the cable television system may intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of -the Franchisee or commit any act within intent to cause such damage, or to tap, remove, or tamper with or otherwise connect or maintain any wire or device to a wire, cable, conduit, equipment and apparatus or appurtenances of the Franchisee with the intent to obtain and maintain a signal or impulse from the cable system without authorization from or compensation to the Franchisee, or to obtain and maintain cable television or other communications service with the intent to cheat or defraud Franchisee of any lawful charge to which it is entitled. b. Any person convicted of violating any provision of this Section is subject to a fine of not more than five hundred dollars ($500) for each offense. 45. RENEGOTIATION If any court of competent jurisdiction, the FCC or any state regulatory body rules, decisions or other action determines prior to the commencement of system construction, that any material provision of this Ordinance or any franchise granted pursuant thereto, is invalid or unenforceable, then in such event, the Town shall retain the right to renegotiate any franchise entered into prior to any such rule, decision or other action. For the purpose of this section, "Commencement of System Construction" shall mean the first day that physical construction, including but not limited to, the placing of cable on poles or underground, actually begins. -28- 46. SEVERABILITY If any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the Town Council in adopting and approving this Ordinance then no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and all provisions of this Ordinance are declared to be severable. INTRODUCED, READ AND APPROVED ON FIRST READING THIS 18th day of July , 1989, and a public hearing shall be held on this Ordinance on the 18th day of July , 1989 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 18th day of July 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -29- t r ORDINANCE NO. 19 Series of 1989 AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO HERITAGE CABLEVISION TO CONSTRUCT, RECONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM WITHIN THE TOWN OF VAIL PURSUANT TO AND SUBJECT TO THE PROVISIONS OF ORDINANCE NO. 18, SERIES OF 1989. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Pursuant to Ordinance No. 18, Series of 1989, the franchise agreement between the Town of Vail, Colorado and Heritage Cablevision, attached hereto as Exhibit A, and made a part hereof by reference, is hereby authorized and approved, and the Town Manager is hereby authorized and directed to execute said franchise agreement on behalf of the Town. Section 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. Section 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. Section 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. S t INTRODUCED, READ AND APPROVED ON FIRST READING this 18th day of July , 1989, and a public hearing shall be held on this Ordinance on the 18th day of Julv 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 18th day of July 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1989• Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- ~ r HERITAGE CABLEVISION and TOWN OF VAIL FRANCHISE AGREEMENT TABLE OF CONTENTS PARAGRAPH TITLE PAGE NO. 1. Grant of Franchise 1 2. Representations and Warranties of Heritage 2 3. Effective Date of Franchise; Effect upon Existing Franchise 2 4. Term 3 5. Franchise Non-Exclusive 3 6. Cable Television Ordinance Incorporated 4 7. Definitions 4 8. Service Area 5 9. System Design and Capacity 7 10. Right of Inspection 11 11. System Services 11 12. Access and Institutional Services 12 13. General Provisions 13 14. Subscriber Rights and Complaints 15 15. Privacy Policies 15 16. Franchise Renewal 15 17. Transfer of Ownership or Control 15 18. Police Powers 17 19. Franchise Fee 17 20. Rates and Charges 18 21. Insurance 19 22. Cooperation 19 HERITAGE CABLEVISION and TOWN OF VAIL FRANCHISE AGREEMENT TABLE OF CONTENTS (page 2) PARAGRAPH TITLE PAGE NO. 23. Waiver 19 24. Cumulation of Remedies 19 25. Compliance with Federal, State, and Local Laws 19 26. Notices 20 27. Captions 20 28. Company shall Hold Town Harmless 20 29. Time is of the Essence 20 30. Construction of Agreement 20 31. No Joint Venture 21 32. Entire Agreement 21 33. Severability 21 HERITAGE CABLEVISION and TOWN OF VAIL FRANCHISE AGREEMENT This agreement is made and entered into on 1989 by and between the TOWN OF VAIL, Colorado, a Colorado municipal corporation ("the Town") and CABLEVISION VI, INC. D/B/A HERITAGE CABLEVISION ("Heritage"). WHEREAS, the Town is authorized to grant one or more non-exclusive, revocable franchises to construct, reconstruct, operate and maintain a cable television system within the Town; and WHEREAS, the Town has received a request for renewal of the existing franchise from Heritage; and WHEREAS, the Town, after public hearings and due evaluation, has determined that it is in the best interest of the Town and its residents to renew the franchise of Heritage. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the parties do mutually agree as follows: 1. GRANT OF FRANCHISE A. Heritage is hereby granted, subject to the terms and conditions of this franchise agreement, and the franchise ordinance, the right, privilege and authority to construct, operate, maintain and reconstruct a cable television system within the streets, alleys, easements or such easements as are broad enough to allow the installation of cable television facilities, and public ways of the Town. Heritage shall provide a modern and uniform Town-wide cable communications system to the residents and institutions of the Town in accordance with this franchise agreement. B. This franchise is subject to Ordinance No. 18, Series of 1989, of the Town of Vail and other ordinance provisions now in effect or hereinafter made effective. Nothing in this agreement shall be deemed to waive the requirements of the various codes and ordinances of the Town regarding permits, fees to be paid, or manner of construction. C. For the purpose of operating and maintaining a cable television system in the Town, Heritage may erect, install, construct, repair, replace, reconstruct, and retain over, under, or upon the public streets, available easements, alleys and ways within the Town, such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the cable television system in conformance with the Town's specifications. Prior to any construction or alteration, however, Heritage shall file plans with the appropriate Town agencies and utility companies and receive written approval before proceeding. D. Upon receipt of any notice to the effect that Heritage is required to comply with laws or regulations inconsistent with the provisions of this franchise, or upon a determination that any provision hereof is for any reason invalid, the Town shall have the right to modify or amend any section or sections of this franchise to such reasonable extent as may be necessary to carry out the full intent and purpose of this franchise. 2. REPRESENTATIONS AND WARRANTIES OF HERITAGE A. Heritage represents and warrants that it shall comply with all provisions of the franchise; B. Heritage represents and warrants that neither it nor its representatives or agents have committed any illegal acts or engaged in any wrongful conduct contrary to, or in violation of any federal, state or local law or regulation in connection with the obtaining of this franchise; C. Heritage represents and warrants that it is a corporation licensed to do business in Colorado and has full right and authority to enter into and fully perform the franchise; D. Heritage represents and warrants that all corporate action required to authorize the acceptance of the franchise and execution and delivery of this agreement and all other documents to be executed and/or delivered by Heritage pursuant to the franchise and to authorize the performance by Heritage of all of its obligations under the franchise, and all such other documents to be executed and/or delivered by Heritage have been validly and duly acted on and are in force and effect; E. Heritage represents and warrants that the franchise and all other documents .executed and/or delivered by Heritage have been duly accepted and executed; F. Heritage represents and warrants that it has carefully read the terms and conditions of the franchise and accepts the obligations imposed by the terms and conditions of the franchise. 3. EFFECTIVE DATE OF FRANCHISE; EFFECT UPON EXISTING FRANCHISE. A. Heritage shall have thirty (30) days from the date of adoption of this ordinance to accept the grant of a franchise by executing the franchise agreement. Such acceptance by Heritage shall be deemed the grant of this franchise for all -2- 1 purposes and immediately upon the taking affect of this franchise agreement, the prior franchise granted to Heritage or their predecessor in interest on September 3, 1974 by the passage of Ordinance No. 14 shall be superseded and have no further force and effect; provided however, vested rights relating to billings and the Town's rights to accrue and collect franchise fees shall not be affected thereby; and provided, further, that any criminal proceedings commenced under or pursuant to said franchise shall in no manner be affected. In the event acceptance does not take place within thirty (30) days or such other time as the Town might allow, this franchise shall be null and void. B. Upon acceptance of this franchise, Heritage shall be bound by all the terms and conditions contained herein. Heritage shall provide all services and offerings specifically set forth herein to provide cable television services within the Town. C. With its acceptance, Heritage also shall deliver to the Town a certified resolution of Heritage evidencing its power and authority to accept the franchise. Such document shall also describe officers authorized to accept on behalf of Heritage. D. With its acceptance, Heritage shall also pay all costs and expenses, including attorneys fees, incurred by the Town in connection with the renewal process. The Town shall provide an itemized statement to Heritage. Costs or expenses of the Town not identified at that time shall be paid promptly by Heritage upon receipt of an itemized statement from the Town. It is the intent of the Town and Heritage that the Town be reimbursed for all costs and expenses, including attorneys fees, in connection with the granting of the franchise including any subsequent expenses due to delays or litigation pertaining to the grant of the franchise. This fee shall be ten thousand dollars 10,000 and shall be in addition to the franchise fee or any other payments required hereunder. E. With its acceptance, Heritage shall also deliver any security deposit, letter of credit, insurance certificates, performance bonds, and equipment grant required herein. 4. TERM The franchise granted hereunder shall be for a term of five (5) years from August 15, 1989. 5. FRANCHISE NON-EXCLUSIVE This franchise shall not be construed as any limitations upon the right of the Town to grant to other persons, rights, privileges, or authorities similar to -3- the rights, privileges and authorities herein set forth, in the same or other streets, alleys, or public ways or public places. The Town specifically reserves the right to grant at any time during the term of this agreement or renewal thereof, if any, such additional franchises on the same or similar terms, for any cable television system as it deems appropriate. 6. CABLE TELEVISION ORDINANCE INCORPORATED All terms, conditions, and provisions of the Town of Vail cable television ordinance shall be deemed to be embodied in this franchise agreement, and the express terms of the ordinance shall prevail over conflicting or inconsistent provisions of this franchise agreement. 7. DEFINITIONS The following words and phrases, when used in this agreement, shall, for the purpose hereof have the meanings ascribed to them in this Section. A. "Cable communications system" or system shall mean a facility consisting of a set of transmission paths and associated signal generation, and reception and control equipment, under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services, institutional services, or other communications services, but such terms shall not include: 1) A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast signals; 2) A facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; 3) A facility of a common carrier which is subject, in whole or in part to the provisions of Title II of the Communications Act of 1934, as amended; except that such facility shall be considered a cable system [other than for the purposes of 47 U.S.C. 541(c)] to the extent such facility is used and the transmission of video programming directly to subscribers; or 4) Any facilities of an electric utility used solely for operating its electric utility system. B. "Channel" shall mean a six (6) megahertz (MHz) frequency band which is capable of carrying either one (1) standard video signal, a number of audio, digital or other non-video signals, or some combination of such signals. C. "Downstream" shall mean signals originating at the head end or hub and transmitted to subscribers. -4- D. "Earth station" shall mean equipment used to receive signals from or transmit signals to a communications satellite. E. "Franchise grant ordinance" shall mean the ordinance granting a franchise to a Grantee. F. "Head end" shall mean the facility, including antennas and associated electronics which receives, controls, and switches the electronic information transmitted over the cable communications system. G. "Residential service" shall mean any service delivered by the cable communications system principally to subscribers in their dwelling units. H. "School" shall mean any duly accredited non-profit educational institution, including primary and secondary schools, colleges and universities, both public and private. I. "State-of-the-art" shall mean any cable communications system, components, or equipment accepted and used in the cable communications industry which is the most modern and advanced equipment generally accepted and used in the cable communications industry. J. "Wire tapping" shall mean the unauthorized reception of a communications signal. K. "Two-way" shall mean the simultaneous transmission of upstream and downstream signals through a cable communications system. 8. SERVICE AREA A. Line Extension Heritage shall offer cable television service to all areas of the Town in accordance with the following line extension policy. In the city limits of the Town as they stand on August 15, 1989, Heritage shall, provide service to any dwelling unit or commercial subscriber that is served by the existing system and in other areas where there are at least thirty (30) residential dwelling units or commercial units per mile of cable plant. In other areas annexed to the Town or developed after August 15, 1989, Heritage shall provide service to any new dwelling unit or commercial subscriber where there are at least twenty (20) dwelling units or commercial units per proposed additional cable plant mile. Further, in other areas with less than thirty (30) dwelling units or commercial units per proposed cable plant mile, Heritage shall offer a cost-sharing arrangement with residents. Heritage's share (set herein as fifty percent (50%) per subscriber) shall be recalculated annually and based upon then-current costs for labor and materials. Residents desiring cable television services shall contribute the remaining costs for line extensions to provide services to their dwelling units. The Town and Heritage shall derive future contribution amounts based on average annual costs for thirty (30) homes per mile, it being understood that the costs for underground not be the same. Any contribution-in-aid of construction provided by a subscriber pursuant to this Section shall be promptly refunded to such subscriber without interest if, and at such time as, such subscriber's premises is served by system distribution lines which pass at least forty (40) occupied dwelling units per linear mile of cable plant; provided, however, that no such refund need be made if the date on which such refund should be due is more than five (5) years from the date Heritage initially provided service to such subscriber. At the time such contribution-in-aid is accepted, Heritage shall notify, in writing, each such subscriber from whom such contribution-in-aid is accepted that the amount paid by the subscriber as contribution-in-aid is refundable under the terms and conditions hereof. Heritage shall obtain acknowledgment, in writing, from each such subscriber that the notification has been given, along with the address to which such reimbursement shall be made. It shall be the responsibility of each subscriber to keep Heritage informed, in writing, of the current address of the subscriber to which reimbursement should be mailed, and Heritage will be deemed to be in compliance with this section, by mailing, certified mail, return receipt requested, the reimbursement to the subscriber at the last address furnished by the subscriber. If such reimbursement is returned to Heritage as undeliverable, the reimbursement shall belong to Heritage. B. Heritage shall provide service to all annexed areas of the Town within nine (9) months of obtaining easements and appropriate permits. Heritage shall make every reasonable effort to obtain easements within three (3) months after the effective date of such annexation. If easements are unavailable due to circumstances beyond the control of Heritage, Heritage shall make every reasonable effort to find an alternative route to provide cable television service. Heritage shall report periodically to the Town on its progress in providing service to annexed areas of the Town. -6- 9. SYSTEM DESIGN AND CAPACITY A. Present System Overview Heritage will maintain the existing cable communication system as a state-of-the-art system. Parties understand and agree that at the time of this franchise that system consists of a residential network with a capacity of three- hundred (300) MHz. The present system is currently capable of carrying thirty-six (36) channels and there are currently thirty-one (31) activated channels. The broad categories are video and other services as set forth in Exhibit A. The current system transmits all basic channels unscrambled so that they are available to cable-ready TV sets and video cassette recorders without the need for a converter. BTSC standard stereo shall be broadcast on all those channels as indicated in Exhibit A attached hereto and made a part hereof. B. Community Information Service Heritage shall provide a community information service channel to be used exclusively by the Town. Heritage shall provide to the Town, free of charge, one (1) Texscan SG-EBN character generator with two (2) remote keyboards with a minimum of fifty-eight (58) page memory and color graphics, and a video switching capability to enable the playing of video tapes. Said equipment shall be located in such public buildings as may be designated by the Town with ability to transmit signals to the head end. The equipment will be installed by Heritage and remain the property of Heritage, and all maintenance, except that required because of gross neglect or intentional injury by the Town shall be responsibility of Heritage, provided that the equipment is delivered and picked up at Heritage's repair facility. The community information channel and the equipment referred to above shall be provided within six (6) months from the date this contract is executed. C. Public Educational and Governmental Access In addition to the community service channel, Heritage shall provide, at no cost to the users, at least one (1) specially designated channel available for governmental, educational and public access. In-the event that said specially designated access channel is in use by the general public, local educational authorities and local governmental units during seventy-five (75) percent of the weekdays (Monday through Friday) for seventy-five (75) percent of the time for six (6) consecutive weeks for non-character generated programming using film, video or live telecasting, and the Town makes a demand for use of an additional channel for access, Heritage shall have six (6) months in which to make available one (1) more specially designated access channel. -7- D. Technical Standards The minimum technical standards shall be the minimum standards set forth by the Federal Communications Commission in their rules, as amended from time to time, or any rules that supersede such rules. Regardless of the technical standards that may be applicable the system shall be capable of providing to subscribers video and aural signals of consistently good quality. Should the FCC cease to preempt the Town's authority to set technical standards, the minimum technical standards shall be as follows: 1) Heritage shall construct the system in accordance with the technical specifications in Exhibit C and performance standards set forth herein using materials of good and durable quality. All work involved in construction, installation, maintenance and repair of the system shall be performed in a safe, thorough and reliable manner. 2) The system shall be maintained in accordance with the highest accepted standards of the industry to the end that the subscriber may receive the highest and most desirable form of service. a) The system shall be capable of passing the entire VHF and FM spectrum, and it shall have the further capability of converting UHF for the distribution to subscribers on the VHF band. b) The system shall be capable of transmitting and passing the entire spectrum of color television signals without material degradation of color, fidelity and intelligence. c) The system shall be designed and capable of twenty-four (24) hours per day continuous operation. d) The system shall be capable of and will produce a picture upon any subscriber's standard production television screen in black and white or color (provided the subscriber's television set is capable of producing a color picture) that is undistorted and free from ghost images and accompanied by proper sound, assuming the subscriber's television set is in good repair, and that the television broadcast signal transmission is satisfactory. In any event, the picture produced shall be as good as the state-of-the-art and the off-the-air signal received permit. e) The system shall transmit or distribute signals of adequate strength to produce good pictures with good sound in all television receivers of all subscribers without causing cross modulation in the cables or interference with other electrical or electronic systems. -8- f) Heritage shall not allow its cable or other operations to interfere with the television reception of persons not served by Heritage, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents of the Town. g) Heritage shall continue, throughout the term of this franchise, to maintain the technical standards and quality of service set forth in this ordinance. 3) In addition to the FCC required annual proof of performance testing, the Town may require periodic tests of the technical performance of the system to enforce full compliance with the FCC's minimum technical specifications and performance standards as set forth in Exhibit C attached to this ordinance. The reasonable cost of said test shall be paid by Heritage. Heritage shall not be responsible for the cost of testing which occurs more frequently than once a year. 4) The system shall be installed and maintained in such a manner so as not to unreasonably interfere with police, fire and other licensed radio communications, noncable television reception, lawful use of citizen band, ham radios and other lawful communications media. E. Satellite Earth Station The system configuration shall include satellite earth station capability to receive signals simultaneously from all operational U.S. domestic satellites carrying at least four (4) non-duplicated non-premium cable entertainment services. Heritage shall provide a sufficient number of earth stations to receive signals from all operational U.S. communications satellites that generally carry programs available to cable systems throughout the life of the franchise. F. Capacity for Interactive Residential Services The cable communications system shall have the capacity for interactive residential services including, but not limited to, security alarm monitoring, home shopping, energy management, video techs, subscriber polling, video games, meter reading, and one way or interactive education. The cable system shall also have the capability for providing shop at home and electronic banking services. All customer equipment necessary for such services such as addressable. interactive converters, home terminals and home detectors shall be provided to subscribers by Heritage in accordance with established and uniform rate schedules. G. Standby Power Heritage shall provide standby power generating capacity at the cable communications system control center and at major trunk line locations. Heritage -9- shall maintain standby power systems; supplies, rated for at least four (4) hours duration, throughout the distribution networks. H. Frequency Availability Heritage shall use its best efforts to assure the availability of appropriate frequencies to be used on the cable communications system. Heritage shall at all times during the term of the franchise comply with all rules and regulations promulgated by the FCC regarding frequency usage and cable television system requirements. I. Addressable Capability The cable communications system shall be addressable with capability for users to acquire signal security for selected channels and subchannels through techniques such as signal scrambling or encoding. The addressable features shall be activated at such time as services are provided. J. Technological Improvements to System 1) Heritage shall have a continuing obligation to improve and expand the system consistent with changes and developments in the cable communications industry, the public interest, prudent business judgment and reasonable economic considerations. 2) In the event that either (i) Heritage, its parent companies or affiliates have installed technological improvements in at least 25 percent of the other cable television systems owned by Heritage, its parent companies or affiliates, or (ii) at least 25 percent of the cable television franchisees or cable television license or permit holders in cities in the State of Colorado with populations in the range between 8,000 and 20,000 have cable television systems which increase channel capacity or bidirectional capacity, provide improvements in technical performance, provide for interconnection or provide other substantial improvements over that provided to the Town in this franchise, then Heritage shall make said improvements available to the Town system subscribers. Heritage shall promptly notify the Town Manager of the occurrence of either such event. 3) If the Town Council determines that either of the events described in Subsection 2 have occurred, then the Town Attorney shall send written notice thereof to Heritage specifying (i) the particular improvements so required, and (ii) the date by which such improvements shall be completed, which shall not be unreasonable taking into account the estimated time actually necessary to install such improvements. -10- K. Emergency Override Commencing January 1, 1990, the system shall include an "emergency alert" capability which will permit the Mayor or the Mayor's designated representative in the event of an emergency affecting the public health, safety or welfare to interrupt signals distributed over the system by Heritage and override the audio of all channels or allow for video crawl over all such channels, in either case for the purpose of delivering messages necessitated by such emergency. The Town Council in consultation with the Mayor and Heritage shall establish rules and regulations governing the exercise of power by the Mayor pursuant to this Section. 10. RIGHT OF INSPECTION The Town shall, at its own expense, have the right, but not the obligation, to inspect all construction and installation work performed (subject to the provisions of this franchise) and shall make such tests as it shall find necessary to determine compliance with the terms of this agreement and other pertinent provisions of the law; provided, however, that the Town shall be permitted to charge Heritage its usual and customary fees for the inspection of construction in public rights-of-way; and provided, further, that such inspection and tests shall not materially interfere with the provision of subscriber services. Any delays in construction due to the inspection shall not be reason for default. The Town shall also have the right, but not the obligation, to have all construction and installation work performed (subject to the provisions of this franchise) reviewed by an independent engineer: to determine whether all construction or improvements are in compliance with the franchise; all technical standards are being met; and there is compliance with all applicable Town codes and standards. If such testing indicates that the system does not meet all required technical standards, Heritage shall bear the expense for such testing. 11. SYSTEM SERVICES A. Initial Residential Subscribers Services and Programming Attachment A which is incorporated-herein by reference describes the composition of the basic service tier and other services which Heritage shall initially provide. In accordance with the Cable Act, Heritage shall, for the term of the franchise, maintain the mix, quality and level of programming set forth in. Attachment A. However, Heritage agrees that it shall, at all times during the term of the franchise, provide one (1) national public radio station to subscribers if any national public radio signal reaches the Vail Valley or is available by satellite. -11- B. Leased Access Channels Heritage shall offer leased access channel capacity at such terms and conditions and rates as may be negotiated with each lessee subject to the requirements of Section 612 of the Cable Act of 1984 (47 U.S.C., Section 612) as amended. 12. ACCESS AND INSTITUTIONAL SERVICES In order to develop local programming, Heritage hereby agrees to provide the following: A. Local Programming Production Equipment as set forth in Attachment B hereof or Comparable Equipment Further, Heritage shall contribute to the Town, for the purchase of additional local programming production equipment, an amount not to exceed forty thousand dollars ($40,000) per year for any two (2) years during the term of this franchise for a total sum not to exceed eighty thousand dollars ($80,000). The equipment to be purchased shall be specified in writing to Heritage by the Town. All equipment so provided shall be new and of the type and brand specified or its equal. All local programming equipment shall remain the property of Heritage but shall be made available for the use of the public, governmental and educational entities, and individuals at no cost pursuant to such rules and regulations as may be promulgated in accordance with paragraph B hereof. All such public access production equipment shall be maintained by Heritage and shall be fully replaced with comparable state-ofthe-art equipment as necessary or upon reasonable request of the Town based on obsolescence or usability. B. Production Studio Heritage shall maintain the existing public access production studio (or one similar) containing the equipment specified in Attachment B hereof. Heritage shall adopt business hours which shall provide for use of the studio during weekdays, weekends and evening hours up to a total of forty (40) hours per week. Heritage shall establish rules, if necessary and with the approval of the Town, to ensure that the studio is available equitably to Heritage and governmental, educational and public sectors. Heritage may contract with Vail Community Cable TV Corp. or any successor thereof to manage studio. The public access channels shall be available on a first come, first served basis at no charge to any individual, association, or organization desiring to utilize them; provided, however, that Heritage may deny the right to use such facilities for commercial purposes. -12- C. Staffing and Training Heritage shall provide adequate staffing for the access studio and for training of the public in the use of production equipment. Heritage shall from time to time conduct workshops to train community and access users in television production techniques and equipment. D. Access Rules All rules and regulations as.may be necessary or desirable relating to the availability of production equipment for use by the public and governmental and educational entities, studio availability and hours of studio availability and channel availability and programming time shall be promulgated by the Town in cooperation with Heritage. 13. GENERAL PROVISIONS The following provisions shall be applicable to the existing cable communications system and to any rebuilt system as contemplated herein upon the effective date of this franchise agreement and shall be applicable throughout the life of the franchise. A. Parental Control Devices Heritage shall provide subscribers upon request the ability to lock out such channels as they may desire. B. Underground Cable New cable shall be installed underground at Heritage's cost. Previously installed aerial cable shall be placed underground in concert, and on a cost sharing basis, with affected utilities, when such utilities are converted from aerial to underground construction; provided, however, that Heritage is given reasonable prior notice of such underground placement. A preconstruction conference with the property owners will be completed prior to commencing any underground construction, and the Town shall assist and cooperate in such conferences if necessary. All soil, earth, sod or improvements disturbed by the installation shall be replaced and restored to their original condition. Patching of highways, roads and driveways will be completed in accordance with the specifications promulgated by, and subject to inspection and approval by, Town, County or State engineers, as appropriate. C. Minimum Interference All transmission lines, equipment and structures shall be installed and located so as to cause minimum interference with all rights and reasonable convenience of property owners and at all times kept and maintained in a safe and -13- adequate condition, and in good order and repair. Heritage shall, at all times, employ necessary and reasonable care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisances to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public and as detailed in the manual on uniform traffic control devices. D. Notice of Shutdown At least twelve (12) hours before any planned shutdown Heritage shall give notice on all channels when possible of maintenance or major equipment changeouts which require loss of service to five (5) or more customers. E. Free Service Calls Heritage shall not charge for any service call whether or not the call is system related; provided, however, a charge may be made if the service call is the result of repeated abuse of the equipment or cable by the subscriber. F. Employee Identification Heritage shall provide a standard identification document to all employees including employees of subcontractors who will be in contact with the public. Such documents shall include a telephone number which can be used to verify identification. In addition, Heritage shall use its best efforts to clearly identify all personnel, vehicles and other major equipment that are operating under the authority of Heritage. G. Converters With the existing cable communications system and upon any rebuild thereof, Heritage shall utilize state-of-the-art signal security. Furthermore, Heritage shall, to the extent feasible, construct the system and install equipment which permits the full utilization of cable ready television receivers by subscribers to avoid converter usage, where possible. H. Local Origination Heritage is encouraged to provide local origination programming of a cultural, recreational, athletic, or civic nature. I. Service to Government Heritage shall provide upon request a reasonable number of free drops not to exceed four (4) per building to all government buildings and schools which are passed by the cable plant. -14- 14. SUBSCRIBER RIGHTS AND COMPLAINTS A. At the time an installation or service agreement i.s to be signed, Heritage shall furnish to each subscriber a written statement that clearly sets forth the following: 1. A complete schedule of rates, fees, charges, and the terms and conditions of service currently applicable to the type of installation and service offered. 2. A complete statement of the subscriber's right to privacy in conformance with Federal or State law. 3. Information concerning the procedures for making inquiries or complaints. 4. The address and telephone number of the Heritage office responsible for handling complaints. B. The business office of Heritage shall have a locally listed telephone number, and at a minimum, be open for business eight (8) hours a day on weekdays and have a sufficient number of lines so that the office is reasonably accessible by telephone and telephone lines are not continuously busy. Heritage business offices shall be located within the Town of Vail boundaries or within a distance of ten (10) miles from the Town of Vail boundaries. C. All complaints shall be handled in accordance with the procedures set forth in the Town of Vail cable ordinance. 15. PRIVACY POLICIES Heritage shall endeavor to operate its business in such a way as to give effect to the privacy rights of each subscriber and user in accordance with the Vail cable television ordinance, the requirements set forth herein and other applicable federal, state and local laws and regulations. 16. FRANCHISE RENEWAL This franchise may be renewed by the Town in accordance with the provisions of the Town of Vail franchise ordinance and applicable law. 17. TRANSFER OF OWNERSHIP OR CONTROL A. The franchise granted herein is a privilege which is personal to Heritage and to its parent company, TCI, Inc. Except as provided in subsection d.of this Section, neither the franchise, this agreement, nor any rights or obligations of Heritage pursuant to this agreement or in the system shall be assigned, transferred, pledged, leased, sublet, or mortgaged in any manner, in whole or in part, to any person, nor shall title thereto, either legal or equitable, or any -15- right or interest therein, pass to or vest in any person, nor shall any change in control or ownership in any twelve-month period of a least ten percent (10%) of the total outstanding securities of Heritage or TCI, Inc. occur, either by acts of Heritage or by TCI, Inc., by operation of law, or otherwise. Any such action completed without the prior consent of the Town shall be null and void. The grant or waiver of any one or more of such consents shall not render unnecessary any subsequent consent or consents, nor shall the grant of any such consent constitute a waiver of any other rights of the Town pursuant to this agreement. B. Heritage shall promptly notify the Town of any proposed action requiring the consent of the Town pursuant to subsection a, by submitting to the Town Manager, with a copy to the Town Attorney, a petition requesting the approval of the Town. The petition shall fully describe the proposed action and such additional supporting information as the Town Manager or Town Attorney may require in order to review or evaluate the proposed action. Upon review of the petition, the Town Manager shall submit the petition to the Town Council together with a recommendation for action on the petition. C. After receipt of the petition for consent, the Town Council shall schedule a public hearing on the petition. For the purpose of determining whether it will grant its consent, the Town Council may inquire into: (i) the qualifications of any proposed assignee, transferee, lessee, sublessee or person acquiring the system in any manner, including without limitation, its legal, financial and technical abilities, (ii) all matters relevant to whether such person will adhere to applicable provisions of this agreement, (iii) all matters relevant to the public interest in the transfer, and (iv) all other relevant matters. Heritage shall provide all requested assistance to the Town in connection with such inquiry and, as appropriate, shall secure the cooperation and assistance of all persons involved in said action. D. Notwithstanding the prohibition of subsection a of this Section 23: 1) Section 23 shall not prohibit; nor require prior approval with respect to, any security interest or mortgage, solely for financial purposes unrelated to a change of control of Heritage or TCI, Inc., provided that each such security interest or mortgage shall be subject to the rights of the Town pursuant.to this agreement or applicable law, and no sale or other disposition pursuant to any such security interest or mortgage shall be permitted except upon consent of the Town pursuant to paragraph (ii); and -16- 2) Section 23 shall not prohibit any transfer of which the Town was notified in accordance with subsection b of this section and to which the Town has given its written approval, expressed by ordinance passed by the Town Council. E. In deciding whether to approve any proposed transfer under this Section 23, the Town Council may consider any or all of the factors set forth in subsection c of this Section 23, and whether the requirements of the franchise should be upgraded in order to satisfy cable-related community needs, taking into account the cost of satisfying such needs. The Town Council may condition its approval of any such transfer upon a commitment to satisfy such cable-related community needs, taking into account the cost thereof, and upon other appropriate terms, to satisfy its legitimate concerns as to the factors identified in subsection c of this Section. 18. POLICE POWERS In accepting this franchise, Heritage acknowledges that its rights hereunder are subject to the police powers of the Town to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws and ordinances enacted by the Town pursuant to such power. Any conflict between the provisions of this franchise agreement and any other present or future lawful exercise of the Town's police power shall be resolved in favor of the latter, except that any such exercise that is not a general application of the jurisdiction or applies exclusively to Heritage or cable communications system which contains provisions inconsistent with this agreement shall prevail only if, upon such exercise, the Town finds that an emergency exists constituting a danger to health, safety, property, or general welfare or such exercise is mandated by law. 19. FRANCHISE FEE A. Annual Franchise Payment Heritage shall pay to the Town five (5) percent of its annual gross revenues during the period of its operation under the franchise, pursuant to the provisions of the Town of Vail cable television ordinance. If during the term of this agreement, any court, agency or other authority of competent jurisdiction takes any action or makes any direct declaration that adversely affects the amount of the franchise fee payable to the Town as set forth in this Section, the Town and Heritage shall enter into negotiations to amend this franchise agreement to make the Town whole in a manner consistent with said action or declaration by restoring the -17- Town to a position equivalent to that which had held prior to said action or declaration to the extent allowed by law. B. Payments due the Town under this provision shall be computed at the end of each quarter year for that quarter year. Payments shall be due and payable for each quarter or a portion of a quarter year to the Town sixty (60) days after the close of that quarter or a portion of a quarter year. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by the Town. C. No acceptance of any payment by the Town shall be construed as a release or as an accord and satisfaction of any claim the Town may have for further or additional sums payable as a franchise fee or for the performance of any other obligation of Heritage. D. The Town agrees that two percent (2%) of the annual gross revenues paid to the,Town in accordance with this paragraph 19 shall be utilized for local public access purposes. 20. RATES AND CHARGES A. Initial Rates Heritage initial rates and charges, contained in Exhibit D hereto shall be applied fairly and uniformly to all subscribers in the Town. B. Rate Regulation 1) Rate regulation may apply to the extent that Heritage is not exempt from local rate regulation by preemption of state or federal law. To the extent that state or federal law or regulation may now, or as the same may hereafter be amended, authorize the Town to regulate the rate for any particular service tiers, service packages, equipment or any other services provided by Heritage, the procedures for processing rate increases as set forth in the Town of Vail cable television ordinance shall apply. Heritage shall comply with all notice requirements set forth in the Town of Vail cable television ordinance relating to rate increases and decreases. 2) Heritage and the Town hereby agree that, as of the effective date of this agreement, the Town of Vail is a market which is not subject to effective competition as defined by FCC regulations promulgated in furtherance of Section 623(b) of Cable Communications Policy Act of 1984 (the Act). Consequently, Heritage and the Town agree that the Town shall have the right to regulate the rates charged subscribers for basic cable served pursuant to Section 623(b) of the Act. -18- 21. INSURANCE Certificates or policies evidencing insurance in the amounts required by the Vail cable television ordinance shall be provided by Heritage and shall be filed in the Office of the Town Clerk. Insurance shall cover acts by Heritage, its employees, agents, subcontractors or any other person acting on behalf of Heritage. 22. COOPERATION The parties recognize that it is in their best interest for the cable communications system to be operated as efficiently as possible and for any required rebuilding of the system to occur in accordance with the requirements and schedule as set forth in this agreement. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this franchise agreement. Should either party believe that the other is not acting kindly or reasonably in accordance with the applicable regulations and procedures in responding to a request for action, that party shall notify the agents designated for that purpose by the other. The agent will use its best effort to facilitate the particular action requested. 23. WAIVER The failure of the Town at any time to require performance by Heritage of any provision hereof shall in no way affect the right of the Town hereafter to enforce the same. Under no circumstances shall the waiver of the Town of any breach or any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. 24. CUMULATION OF REMEDIES The rights and remedies reserved to the Town by this franchise agreement are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the Town may have with respect to the subject matter of this franchise agreement, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. 25. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS Heritage, its employees, and agents shall be familiar with all federal, state, local and municipal laws, ordinances, rules and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work or in any way affect the work and no plea of misunderstanding will be considered upon account of the ignorance thereof. Heritage's contractors, employees and agents shall comply with all applicable federal, state and local laws, rules and regulations issued thereto and Heritage -19- shall indemnify the Town against any loss, liability, or damage occasioned by reason of its violation of this Section. Heritage shall maintain and install its wires, cables, fixtures, and other equipment in compliance with all applicable federal, state, and local law, and in such a manner so as not to interfere with any installation of the Town's other cable franchises or utilities. 26. NOTICES All notices from Heritage to the Town pursuant to this agreement shall be sent to 75 South Frontage Road, Vail, Colorado 81657. Heritage shall maintain a local office and telephone number for the conduct of matters related to the franchise. All notices to Heritage shall be sent to Heritage Cablevision, 2195 Ingersoll Ave., Des Moines, Iowa 50312, Attn: Legal Department. 27. CAPTIONS Captions to Sections throughout this agreement are solely to facilitate the reading and reference to Sections and provisions of the agreement. Such captions shall not affect the meaning or interpretation of the agreement. 28. COMPANY SHALL HOLD TOWN HARMLESS Heritage shall save and keep the Town and its officials, boards, commissions, agents and employees free and harmless from any loss, expense or damage to person or property arising out of or resulting from any provision or requirement of the franchise or exercising its rights or performing its duties under this franchise. 29. TIME IS OF THE ESSENCE Whenever this franchise agreement sets forth any time for any act to be performed by either of the parties, such time shall be deemed to be of the essence of this agreement. 30. CONSTRUCTION OF AGREEMENT This agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, except that the parties' respective rights and obligations hereunder shall be subject to any applicable provisions of the Cable Communications Policy Act of 1984, as now existing or as the same may be from time to time hereinafter amended,.and the applicable provisions of the Communications Act of 1934 as hereinafter amended, any applicable rules, regulations and orders of the Federal Communications Commission and any applicable rules, regulations, legislation or orders of any other public body having jurisdiction over the subject matter hereof. -20- 31. NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principle agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 32. ENTIRE AGREEMENT This agreement, all attachments hereto, and the Vail cable television ordinance as incorporated herein, represent the entire understanding and agreement between the parties with respect to the subject matter hereof, supersede all prior oral negotiations between the parties and can be amended, supplemented, modified or changed only by an agreement in writing which makes special reference to this agreement or to the appropriate attachment or document which is signed on behalf of both parties. 33. SEVERABILITY If any section, subsection, sentence, clause, or phrase or portion of this agreement is, for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be signed on the day and year first written above. TOWN OF VAIL, CABLEVISION VI, INC. d/b/a a Colorado municipal corporation HERITAGE CABLEVISION By: By: Rondall V. Phillips, Town Manager Kevin L. Rice, Vice President/Operations -21- CHANNEL LINEUP— VAIL, AVON, MINTURN, EAGLE-VAIL, EDWARDS, SINGLE TREE, HOMESTEAD, LAKECREEK, ARROWHEAD Channel 18 CNN Be the first to know, with a look at the day's top stories as they 2 KWGN Independent/ Denver, Colorado Headline News happen. CNN Headline News gives you the latest news in a flash, 3 CBN Get TV the way it used to be, with classic series, westerns and with concise, 30-minute segments. comedy from the good old days. Plus, original programming that 19 C•SPAN I Meet the movers and shakers on Capitol Hill with live coverage of supports your family values. (The Movie Channel in Beaver Creek the House of (Representatives, in action. Plus, several s ecial only) features and in-depth Washington reports every day. p 4 KCNC NBC Affiliate/ Denver, Colorado 20 lifetime Get shows aimed at your interests. From exercise programs that 5 TBS Atlanta's Superstation shows you things you've never seen before. keep you fit, to news on nutrition and tips that help organize your Like documentaries from around the world, classic "now in color" day. Especially for women! movies, great sit-corns, news and the best of the Braves. 21 WGN The curtain never closes on WGN's fantastic lineup of movie 6 KRMA PBS Affiliate/Denver, Colorado 7 KMGH CBS Affiliate/ Denver, Colorado presentations, timeless favorites, quality children's programming S FNN Financial News Network - Hear straight talk on national and and exclusive Chicago sports coverage. international money matters from financial experts. Plus, get 22 A & E See Broadway hits and big time bands, stunning operas and continuous NYSE and AMEX ticker reports from Wall Street, smashing musicals. It's symphonies and slap-stick, movies and Weekdays. mini-series, all on Arts & Entertainment. I PSM Prime Sports Network. Local, regional and national 23 C•SPANid Public Access sports. Evenings and weekends. Share in the decision-making process of Congress with an educational view of the U.S. Senate, live. It's democrac in action! 9 KUSA ABC Affiliate/ Denver, Colorado y 4J 10 ESPN ESPN is your season ticket to 'round-the-clock sports action you 24 TNN The Nashville Network - Pull up a chair for a look at your favorite ~Q won't find anywhere else. Like exclusive NFL Football, champion- country artists in concerts and country's brightest specials. Plus, ship tennis, NHL Hockey and top-flight golf tournaments. plenty of variety, game shows and outdoor sports features. w 11 CNN Cable News Network - Get a close-up view of today's newsmak 25 HBO HBO brings the big events home to you. Grab front row seats to ers, with 24-hour coverage of national and international news, electrifying concerts, exclusive made-for-cable movies, and the health, sports and weather. It's news that's there when you're blockbuster films you want to see. 26 CINEMAX Cinemax is different. And it's the perfect complement to HBO, with ready to watch it. 12 LOCAL The visitor's guide to the Vail Valley, in season only (hours outrageous comedy specials, fabulous film festivals, and great subject to change). movies from here and abroad. 13 K LITE Local weather, news and information with K Lite as back 27 DISNEY Share the magic of Disney with your entire family. Get together for ground music. classic Disney animation, some brand new surprises, exotic 14 USA Bring the whole family together for exciting series and specials. wildlife and learning they'll like. (89.3 FM on your stereo) You'll see imaginative children's shows, prime-time adventures 28 SNOWTIME Show yourself a good time... with Showtime! It's packed with box- and brand new episodes of some old favorites. office hits and Broadway smashes. Bright new shows for children 15 MTV See the music you love to hear, with MTV It's one-of-a-kind and innovative series that'll win you over. concerts and music industry features. The hottest performers and 29 The Movie If you like movies, you'll love the non-stop lineup of blockbusters the newest videos. (88.5 FM on your stereo) Channel on The Movie Channel. With film festivals and double features, 16 NICK Nickelodeon is packed with quality children's shows, endorsed by dazzling celebrations and closet classics. (88.9 FM on your stereo) the NEA and PTA. With imaginative, fun-filled adventures during 30 Discovery Expand your horizons with programs devoted to science, technol- the day and vintage family favorites on Nick at Nite! ogy, nature and human adventure. Fascinating features that will 17 CVN Cable Value Network, home shopping (hours subject to change). teach your children and captivate you. AMC American Movie Classics - They don't make 'em like this 31 TWC The Weather Channel - Get the inside story on what's happening anymore! Pull up a chair for a look at Hollywood's best films and outside. Keep an eye on the climate with local, regional and brightest stars, with a different theme every night. Evenings and national weather reports. Plus, severe weather warnings when needed. Weekends. 32 KREG CBS Affiliate/Glenwood Springs, Colorado (3) Exhibit B • o _ EQUIPMENT INVENTORY AUGUST 1909 Prepared by Brian Hall STUDIO 2 Sony WOO camoras 101waev 4-74W09 4..: :Mil..>tJil 1I' :1. l..1 t)ll 4-7222-1 :''a li: i.)11 t, .1.. ...l ...l '~.w....:I l°. '..i .2 DR._. •.11.4, .:ml.l., ~..~(:`Jadist'v__ TwarD Century 6" 14" ...I; CONTROL ROOM Sony CAA-7"Li 2 Sony 1800 ccu,z 1. ! . I y I l:! 2000 ...a 1,^l C:: , e VP-2 L.vl_i~.I"':tC~'(:.i:ei- tae::ii!;:,r...cA'1.oi I 1 Routing •...,x:'1.1. :!...1ie.::C' • i.,!..r l.J'!_.:. l?c'? Time L:'.!._l_: L.i_!r'1^,r.(::'1:i?I''.., I 12'_>' Wny 5000 440 Emit Cuntrollar . J. 3VO 8406 1/2" Edit VGR .L 3W 1' 6400 1/2" V I"". JVC 5100 Player VCR 1 .-.(.1'.. Video Patch Panel (7 live sets of jacps) ADC t • . . . . . 1 l) Patch Panel (8 .1 1. sets of jacks) Al.)i.., Video Patch Cord:.16 ADC Audio Patch Corw.,;, W''. 1 WAS 2PEK Audio DA ' H.L !...aV .(i 1. VM D/ W Mi::)L.i 7. w"`: 1 Sony 1910 culaz Monitor 1'L'i..ai: I".1 V-099 Wa'Jiz?fC:il'"I'il Monitor- 1 ' 3:L l'. di:.ni Vt''C;.1.i:)P°:?.i_:(.]pa VlJ-20 0 EQUIPMENT INVENTORY AUGUST 1908 REMOTE EQUIPMENT Ar"y 4060 7z4" Ion, V CL-1110y Sony W-50 cattarie~:~; 1 2uny AC Power Unit r..:-ti.t..:?.:::.°il'":l.C. !505000 L!.Ia.1.. l i;al::.:._+il.!. . 1 I' : ! WV-2050 1.._eal°t !a K i t .I. i"aI": ..:4.':.•:11.1. c i°1!:.!6•' 1_ili 1/2" I•:.I 1"•. e::'1.., !_ii i Panasonic AGB640 AC Power Unit !....al ..a'r.:+...11"1.l .c t°..._ S 1 SP -2W I'.::.~j:'.'t:.ii'i.'Le:.:::. t i" ! i.l r• C3400 :::11.., l.. L.i ._i, ! I I ! TL Tripod TTE H12 Fluid Mead AUDIO I I!:_i-il..: M-10 0 Audio l t.L r:::I,. L ...1 t L.. 1.. l.: Tl.!. i,' 1"'I C:.:;?. C:i r:c• yumana R-500 Stereo RnceivRr 1 TEAC 124 Cassette Deck 3% 4401 Speaker,:--., x: C:!..I-10 ava.,. liTG!`• I` .!.!_r+"?(.ifli`iil+i:lt5 `"lJn,/ i'I•I'I .-!l_!t'E L...:rlv%!J.i.ar I'•I].1....-l:.:I.!n!Jnt"•a Sony y M J _'FEW avr.•s l1..._. 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Corns missing, trying to ):._a._.'':;•,. ~n Per ,..:di Caulderon, who did 07' Inventory., i t 1 - 1:1i-'60 Battery no longer worked-thrown cut. 1.ln! / active video jacks were actually purchased, not 74 AUC-Sj2000 N75 Vid*o Jacks. ,!1 1_,Jl~i.i.•V (';1 :'i~C:.~.~,v~' Jacks were ~;.C:i.l_l<~4.1.~.v ~)11Y-(_I°•IC+.''i r I IrJ i_ - Audio t.+.i-1~:°a __,1~~Cj n r,l+r ..._i''•1• Il(_lno ,I,':ai:`r•':?i Y:DG&5 GORP DENT 5-22-89 3:01PM ?n 38927400 1522U0d5GC~2i~.'s::~'.:':'• ' Exhibit C SYSTEM STANDARDS AND SPECIFICATIONS The following System Standards and specifications paraphrase Section 76 Subpart K of the Rules of the Federal Communications Commission. As such# it is the intent of the parties to this Franchise Agreement to interpret the following in conformance with the enforcement policies of the FCC on the date of this Franchise Agreement, system design specifications: A. The System will be designed and electronic eqaipmont selected. The performance of these will be equal to or better :ncn the followings 1. Visual carrier frequency 1,25 MHz + 25 kHz above lowor boundary of channel, if no converter iz used, and + 250 kHz if converter is used, 2. Aural carrier frequency, 4,5 MHz + 1 kNz above visual carrier frequency, 3, Visual signal level across•a terminating impedance matching the internal impedance of the cable syatem as viewed from the subscriber terminals shall no'.. be less than the following appropriate value: Internal Impedance Visual Signal Level 75 ohms 1 millivolt- 300 ohms 2 millivolts 4. visual signal level on each channel shall not a,ar more than 12 decibels within any 24 hour period aaecl shall be maintained within: Y:DO&S CORP DEPT 5-22-89 ; 3:02PM 38927400-~15220O85Cvu294?y`c',;;;s a. 3 decibels of the visual signal level of a.y visual carrier within 6 MHz nominal frequency separations- and b. la decibels of the visual signal level on any other channelo and -Co A maximum level such that signal degradation due to overload in the subscribers receivar does not occur., So Aural signal rms voltage shall be maintained between 13 and 17 decibels below associated viEUsd. signal level. 6. visual signal level peak variation caused by undesired low frequency disturbances (hum or repetitive transient)'generated within the system, or by inadequate low frequency response, shall not exceed 5 percent of the visual signal level. 99 Channel frequency response shall be within a range of +2" decibels for all frequencies within 0,75 h-H-z: and +5 MHz ',.of visual frequency above lower boundary frequency of cable channel... 8. For Grade B signals, ratio of visual signal level to system noise and of visual signal levels to any undesired co-channel television signal operating on proper offset assignment shall not be lose than 35 decibels. This requirement is applicable to each signal which ~s delivered by a cable television aystem to subscribers within the predicted Grads B Y:00&3 CORP DEPT 5-22°89 ; 3:03PM 38927400-+15'[20085000254~92'.;~~a t contour for that signal, or each signal which is first picked up within its predicted Grade B Contour. 9. Ratio Of visual signal level to the rms.amplituda of any coherent disturbances shall not be less thI 46 decibels. 10. Terminal isolation provided each subscriber shale not be lees than 18 decibels, but in any event shall be sufficient to prevent reflections caused by open circuited or short circuited subscriber terminals from producing visible picture impairment at any other subscriber terminal. 11. System radiation from a cable television system shall be limited as followss Radiation Limit. Distance Frequencies (microvolts/meter) (feat) Up to including 54 M 15 100 From 54-216 Biz 20 10 Over 216 MHz 15 100 12. 5-30 MHz Return (upstream). A. With the total system in operation anVI*F1 ingress test will be made to ensure that the'carrier to noise signals (C/N) will be better than 30 db and cross modulation of less than ®30db. B. All construction practices and procedures will comply with national, state, and local codes and ° operating standards. ~Y:0G&5 CORP DEPT 5-22°99 ; 3:03PM G39927400~1522008500025a?~~i`~'t P co All highway/railroad crossings clearance will comply with the national, state, and local code,:; and operating standards, D, System design, strand, and electronic maps w?13. bo in accordance with the National Cable Television Association Standard 003®0668 as revised, E. Operating temperature range of the system will be between ®40 to +140 F. F. Technical standards will be in accordance with: not limited to, the gollowings 10 Federal Communications Rules Part 76 au amended, cable Television service and specifically, subpart K Technical standards, 2. Paragraph 76,60 Performance Tests Paragraph 76,605'Tachnical Standards Paragraph 76,609 Measurements Paragraph 76.610 Operation in the frequency bands 108136 and 225®400 MHz Paragraph 76,611 Operation near certain aeronautical and marine emergency frequencies Paragraph 76.613 Interference from a cable systems provided, however, that there shovbd be continual monitoring for interference from a cable television system. Any inter- ference or suspected interference will be investigated and corrected immediately upon ' . i it aY~~ F,:DG&3 CORP DEPT 5-22-89 ; 3:04PM"~89274G0-~1522Gu85~0u't5r.;~2',;•':.r t discovery and notification. DocuX~entation of any.interference and corrective action taken will become part of the record maintuaYE' for the FCC, Paragraph 760617 Responsibility for receiver-- generated interference Paragraph 78 Cable Television Relay Service: ORDINANCE NO. 20 Series of 1989 AN ORDINANCE CONCERNING THE ISSUANCE OF LOCAL IMPROVEMENT BONDS OF THE TOWN OF VAIL, COLORADO FOR THE BOOTH CREEK LOCAL IMPROVEMENT DISTRICT; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; PRESCRIBING DETAILS IN CONNECTION WITH SAID BONDS AND DISTRICT; PRESCRIBING DUTIES OF CERTAIN TOWN OFFICIALS IN CONNECTION THEREWITH; REPEALING ALL ORDINANCES AND OTHER ACTION OF THE TOWN TO THE EXTENT INCONSISTENT HEREWITH; AND PROVIDING OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado, is a municipal corporation duly organized and existing as a home-rule town under Article XX of the State Constitution and the Charter of the Town (the "Charter"); and WHEREAS, pursuant to the Charter and the Town's Code of Ordinances (the "Vail Code"), the Town Council (the "Council") has by ordinance created within the corporate limits of the Town a local improvement district known and designated as the Town of Vail, Colorado Booth Creek Local Improvement District (the "District"), for the purpose of making certain local and special improvements to mitigate rockfall damage (the "Improvements"), and has determined to assess a portion of the cost thereof to the parcels of property in the District specially benefited thereby; and WHEREAS, the Town has duly advertised for bids for such Improvements based on estimates provided to the Council and has entered into a construction contract for the construction and installation of the Improvements; and WHEREAS, in recognition of the general benefits conferred by the Improvements, the Council has determined to contribute $20,000 from funds of the Town to the total estimated -1- cost of constructing and installing the Improvements, has determined to assess the remaining costs against parcels of property in the District (the "assessments") in an aggregate amount not to exceed $366,756 (except as otherwise permitted by the Charter and the Vail Code) in recognition of special benefits conferred on owners of parcels of property in the District, and has determined that local improvement bonds of the Town shall be issued payable from such assessments. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Issuance of Bonds Authorized. The Town and its officers have determined and do hereby determine that it is necessary and for the best interest. of the Town and the inhabitants thereof that, pursuant to the Charter and the Vail Code, the Town issue and sell bonds of the Town of Vail, Colorado Booth Creek Local Improvement District in the aggregate principal amount of $365,000 (the "bonds") at a price of $ plus accrued interest, for the purpose of paying the costs of constructing and otherwise acquiring the Improvements and all proper incidental expenses (including, without limitation, capitalized interest on the bonds). Section 2. Sale of Bonds. The Town has determined to accept the offer of to purchase all of the bonds for a price of $ plus accrued interest. Section 3. Approval of Estimates. The bonds are herein authorized to be, and they shall be, issued based upon the contract price for the Improvements and upon estimates of the Town Manager, all of which hereby are approved by the Council. Section 4. Completion of Improvements. The Town covenants that the Improvements will be constructed and completed with due diligence and in a timely manner. Section 5. Bond Details. For the purpose of paying the costs of the improvements, including all proper incidental expenses, there shall be issued in the name of the Town bonds designated "Town of Vail, Colorado Booth Creek Local Improvement -2- District, Local Improvement Bonds, Series 1989," in the aggregate principal amount of $365,000. The bonds shall be issuable in fully registered form (i.e., registered as to payment of both principal and interest) payable to the registered owner thereof, in the denomination of $5,000 each, shall be dated as of August 15, 1989, shall be numbered consecutively in regular numerical order from 1 through 73, inclusive, shall mature on April 1, 1999, and shall bear interest from the date of the bonds until maturity (unless redeemed prior to maturity) at the interest rates herein set forth. The following numbered bonds in the aggregate principal amounts indicated shall bear interest at the following rates per annum: Bonds Numbered Aggregate Principal Interest (Inclusive) Amount Rates 1 to 7 $35,000 8 to 12 25,000 13 to 17 25,000 18 to 23 30,000 24 to 30 35,000 31 to 37 35,000 38 to 45 40,000 46 to 54 45,000 55 to 63 45,000 64 to 73 50,000 Bonds which are reissued upon transfer or other replacement shall bear interest from the most recent interest payment date to which interest has been paid or duly provided for or, if no interest has been paid, from the date of the bonds, such interest being payable to the registered owners of the bonds on April 1, 1990, and semiannually thereafter on April 1 and October 1 of each year. The principal of the bonds is payable to the registered owner thereof as shown on the registration books of the Town kept by , in , Colorado, or its successor (the "registrar"), upon presentation and surrender at the office of , in , -3- Colorado, or its successor (the "paying agent"). If, upon presentation of any bond at maturity, payment is not made as therein provided, interest thereon shall continue at the same rate per annum previously borne by the bond, until the principal thereof is paid in full. Payment of interest on any bond shall be made to the registered owner thereof by check or draft mailed by the paying agent on or before each interest payment date (or, if such interest payment date is riot a business day, on or before the next succeeding business day), to the registered owner thereof at his address as shown on the registration books kept by the registrar at the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding the interest payment date; but any such interest not so timely paid shall cease to be payable to the person who is the registered owner thereof at the close of business on such day and shall be payable to the person who is the registered owner thereof at the close of business on a special record date for the payment of any such defaulted interest. Such special record date shall be fixed by the registrar whenever moneys become available for payment of the defaulted interest, and notice of the special record date shall be given to the registered owners of the bonds not less than ten days prior thereto by first-class mail to each such registered owner as shown on the registration books on a date selected by the registrar, stating the date of the special record date and the date fixed for the payment of such defaulted interest. The paying agent may make payments of interest by such alternative means as may be mutually agreed to between the owner of any bond and the paying agent. All such payments shall be made in lawful money of the United States of America without deduction for the services of the paying agent or registrar. Section 6. Prior Redemption. All of the bonds shall be subject to redemption prior to maturity at the option of the Town in regular numerical order on any bond interest payment date, at a price equal to the principal amount thereof plus -4- accrued interest to the redemption date. Whenever there are available moneys (other than amounts deposited therein as accrued and capitalized interest) in the "Town of Vail, Colorado Booth Creek Local Improvement District, 1989 Bond Retirement Fund" (the "Bond Fund") which is hereby created, in excess of the amount required to pay interest on the bonds then outstanding on the next interest payment date, the Town shall exercise its option to redeem on the next practicable interest payment date a suitable number of bonds outstanding. Nothing herein shall preclude the Town from refunding all or a portion of the bonds or from exercising its right to redeem bonds prior to maturity from any available source of funds. Notice of prior redemption shall be given by the paying agent in the name of the Town by sending a copy thereof by certified or registered first class mail, postage prepaid, to the registered owner of each bond designated for redemption at his address as it appears on the registration books as of the close of business on the day preceding the mailing of such notice. Such notice shall specify the number or numbers of the bonds to be so redeemed and the date fixed for redemption, and shall further state that on such date there will be due and payable upon each bond so to be redeemed at the office of the paying agent the principal amount thereof plus accrued interest to the redemption date, and that from and after such date interest shall cease to accrue. Notice having been given in the manner hereinabove provided, the bond or bonds so called shall become due and payable on the date so designated, and upon presentation thereof at the paying agent, the Town will pay the bond or bonds so called. Failure to give notice by mailing or any defect in such notice shall not affect the validity of the proceedings for the redemption of any other bonds. Any notice mailed as herein provided shall be conclusively presumed to have been given, whether or not received. Any bonds redeemed prior to maturity shall be cancelled by the Paying Agent. e5~ r Section 7. Registration and Transfer. The Town shall cause to be kept at the principal office of the registrar books for the registration and transfer of bonds. Upon surrender for transfer of any bond at the principal office of the registrar, fully endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing, the registrar shall authenticate and deliver in the name of the transferee a new bond bearing the same number as the bond being surrendered. All bonds issued upon any transfer shall be the valid obligations of the Town evidencing the same obligation and entitled to the same security and benefits under this ordinance as the bonds surrendered upon such transfer. The registrar shall require the payment by the owner of any bond requesting transfer of any tax or other governmental charge required to be paid with respect to such transfer, and the registrar may further impose a reasonable service charge for any transfer of bonds. The registrar shall not be required to transfer any bond during a period beginning at the opening of business 15 days before the day of mailing by the registrar of a notice of prior redemption of bonds and ending at the close of business on the day of such mailing, nor, with respect to a particular bond after the publication or the mailing of notice calling such bond for prior redemption. As to any bond, whether or not such bond be overdue, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for the purpose of making payments thereof and for all other purposes (except to the extent otherwise provided in Section 5 hereof) and neither the Town, the registrar, the paying agent nor any other agent of the Town shall be affected by any notice to the contrary. Except as otherwise provided in Section 5 hereof, payment of either principal or interest on any bond shall be made only to or upon the written order of the registered owner thereof or his legal representative, but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums paid. If any bond shall be lost, stolen, destroyed or mutilated, the registrar shall, upon receipt of such evidence, information or indemnity relating thereto as it or the Town may reasonably require, and upon payment of all expenses in connection therewith, authenticate and deliver a replacement bond bearing the same number as the lost, stolen, destroyed or mutilated bond. If such lost, stolen, destroyed or mutilated bond shall have matured or shall have been called for redemption, the registrar may direct that such bond be paid by the paying agent in lieu of replacement. All bonds surrendered for redemption, payment or transfer, if surrendered to the paying agent, shall be cancelled by the paying agent, and, if surrendered to any person other than the paying agent, shall be delivered to the paying agent for cancellation. Section 8. Negotiability. Subject to the registration provisions of this ordinance, the bonds shall be fully negotiable and shall have all the qualities of negotiable paper, subject to the registration and payment provisions stated herein, and the owner or owners thereof shall possess all rights enjoyed by holders of negotiable instruments under the provisions of the "Uniform Commercial Code ° Investment Securities." Section 9. Execution and Authentication. The bonds shall be executed in the name of the Town with the facsimile signature of the Mayor, shall bear the facsimile seal of the Town, shall be attested by the facsimile signature of the Town Clerk, and shall be authenticated by the manual signature of a duly authorized officer of the registrar. The bonds bearing the signatures of the officers in office at the time of the authorization thereof shall be the valid and binding obligations of the Town (subject to the requirement of authentication by the registrar), notwithstanding that any or all of the persons whose -7- signatures appear thereon shall have ceased to fill their respective offices. Pursuant to the Uniform Facsimile Signature of Public Officials Act, part 1 of article 55 of title 11, Colorado Revised Statutes, the Mayor and Town Clerk shall prior to delivery of the bonds file with the Secretary of State of Colorado their manual signatures certified by them under oath. No bond shall be valid or obligatory for any purpose unless the certificate of authentication, substantially in the form hereinbelow provided, has been duly executed by the registrar. The registrar's certificate of authentication shall be deemed to have been executed by it if manually signed by an authorized officer or employee of the registrar, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the bonds issued hereunder. By authenticating any of the bonds delivered pursuant to this ordinance, the registrar shall be deemed to have assented to all of the provisions of this ordinance. Section 10. Payment of Bonds. The bonds authorized by this ordinance and the interest thereon shall be payable (except as provided in Section 11 hereof) solely from moneys in the Bond Fund, consisting only of moneys collected (principal, interest and penalties, if any) from the assessments to be levied to pay for the Improvements (except to the extent that such moneys are payable to the Town as a reimbursement pursuant to Section 11 hereof) ; provided that any proceeds from the sale of the bonds, other than such proceeds deposited in the Bond Fund to be used to pay interest on the bonds, remaining after the payment of all the costs and expenses of making the Improvements shall be deposited in the Bond Fund and used for bond redemption. Any assessments in the Bond Fund remaining after the bonds, both principal and interest, are paid in full (and after any reimbursement due the Town), shall to the extent required by the Charter be deposited in the Town's surplus and deficiency fund created pursuant to Section 10.8 of the Charter. Immediately upon the collection of any assessments (including interest and any penalties thereon), -8- the moneys therefrom shall be deposited in the Bond Fund (except to the extent that such moneys are payable to the Town as a reimbursement pursuant to Section 11 hereof), and said fund is and will continue to be irrevocably and exclusively pledged for the payment of the principal of and the interest on the bonds. Section 11. Surplus and Deficiency Fund; Town Payment of Bonds and Reimbursement. Pursuant to Section 10.8 of the Charter, whenever there is a deficiency in the Bond Fund to make the payment of principal and interest on the outstanding bonds when due, such deficiency shall be paid out of the Town's surplus and deficiency fund created pursuant to Section 10.8 of the Charter. Further, whenever three-fourths of the bonds have been paid and cancelled and for any reason the remaining assessments are not paid in time to take up the remaining bonds and the interest due thereon, and there is not sufficient money in the Town's surplus and deficiency fund, then the Town shall pay the bonds when due and interest thereon, and reimburse itself by collecting the unpaid assessments due the District. Section 12. Bonds Not a Debt of Town. The bonds shall not be a debt of the Town, and the Town shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment, nor shall the bonds be payable out of any funds other than the special assessments and other moneys pledged to the payment thereof, as herein provided. The payment of bonds is not secured by an encumbrance, mortgage or other pledge of property of the Town except for such special assessments. No property of the Town, subject to said exception, shall be liable to be forfeited or taken in payment of the bonds. Section 13. Form of Bonds. The bonds and the registrar's certificate of authentication shall be in substantially the following forms, with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this ordinance or be consistent with this ordinance and necessary or appropriate to conform to the eke rules and requirements of any governmental authority or any usage or requirement of law with respect thereto, and provided that any of the text on the face of the bonds may, with appropriate reference, be printed on the back of the bonds: -10- (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF EAGLE TOWN OF VAIL, COLORADO BOOTH CREEK LOCAL IMPROVEMENT DISTRICT LOCAL IMPROVEMENT BONDS SERIES 1989 NO. CUSIP Interest Rate Maturity Date Dated as of Number % April 1, 1999 August 15, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: $5,000 The Town of Vail (the "Town") in the County of Eagle and State of Colorado, a municipal corporation duly organized and existing, for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, upon presentation and surrender hereof at the principal office of . in , Colorado (the "Paying Agent"), the Principal Amount identified above on the Maturity Date identified above (subject to the right of prior redemption hereinbelow mentioned), and to pay interest on the Principal Amount from the most recent interest payment date to which interest has been paid or duly provided for or, if no interest has been paid, from the date of this Bond, at the Interest Rate per annum identified above, payable on April 1, 1990 and semi- annually thereafter on April 1 and October 1 of each year, until payment of the Principal Amount hereof has been made. Interest on this Bond will be paid on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day) to the registered owner of this Bond by check or draft mailed to such registered owner at -1.1- the address appearing on the registration books kept for that purpose at the office of in , Colorado, as Registrar, at the close of business on the fifteenth day (whether or not a business day) of the calendar month preceding the interest payment date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the registered owner hereof at the close of business on the Regular Record Date and shall be payable to the person who is the registered owner hereof at the close of business on a Special Record Date for the payment of any defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the Bonds of the series of which this is one not less than ten days prior thereto. Alternative means of payment of interest may be used if mutually agreed to between the owner of any Bond and the Paying Agent, as provided in the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance"). The principal of and interest on this Bond are payable in lawful money of the United States of America, without deduction for the services of the Paying Agent or Registrar. If upon presentation and surrender of this Bond to the Paying Agent at maturity payment of this Bond is not made as herein provided, interest hereon shall continue at the Interest Rate identified above until. the Principal Amount hereof is paid in full. This Bond is one of a series subject to prior redemption in regular numerical order by and at the option of the Town of Vail, on any interest payment date, at a price equal to the principal amount thereof with accrued interest to the redemption date. Whenever there are available moneys (other than amounts deposited therein as accrued and capitalized interest) in the Bond Fund in excess of the amount required to pay interest on the bonds then outstanding on the next interest payment date, the -12- Town will exercise its option to redeem on the next practicable interest payment date a suitable number of bonds outstanding. Nothing shall preclude the Town from refunding all or a portion of the bonds or from exercising its right to redeem bonds prior to maturity from any available source of funds. Redemption shall be made upon giving prior notice by mailing to the owner of this Bond at his address as the same appears upon the registration books, in the manner and upon the conditions provided in the Bond Ordinance. The Registrar will not be required to transfer any Bond during a period beginning at the opening of business 15 days before the day of the mailing by the Registrar of a notice of prior redemption of Bonds and ending at the close of business on the day of such mailing, or, with respect to a particular Bond, after the mailing of notice calling such Bond for prior redemption. This Bond is one of a series of local improvement Bonds numbered consecutively from 1 to 73, both inclusive, issued by the Town of Vail, and maturing on April 1, 1999, all-of which are of like designation, and which are in the aggregate principal amount of $365,000. Said Bond series is issued in payment for local improvements made in the Town of Vail, Colorado Booth Creek Local Improvement District pursuant to and in accordance with the Charter and the Vail Code, the ordinance creating the District, and all laws and proceedings thereunto enabling. Pursuant to the Bond Ordinance, reference to which is made for further details, the principal of and the interest on the Bonds of the series of which this is one shall be payable solely from a special fund designated "Town of Vail, Colorado Booth Creek Local Improvement District, 1989 Bond Retirement Fund" (the "Bond Fund") consisting of moneys collected by the Town of Vail from the special assessments (principal, interest and penalties, if any) to be levied against all the assessable parcels of land in the District, to the extent provided in the Bond Ordinance; provided that any proceeds from the sale of the -13- Bonds, other than such proceeds deposited in the Bond Fund to be used to pay interest on the Bonds, remaining after the payment of all the costs and expenses of making the local improvements shall be deposited in the Bond Fund and shall be used for bond redemption. The Bond Fund is irrevocably and exclusively pledged for the full and prompt payment of all the Bonds. If there is a deficiency in the Bond Fund to meet the payment of the outstanding Bonds and interest due thereon, the deficiency shall be paid out of any moneys available therefor in the surplus and deficiency fund created pursuant to Section 10.8 of the Town's Charter. Whenever three-fourths of the Bonds have been paid and cancelled and for any reason the remaining assessments are not paid in time to take up the remaining Bonds and interest due thereon, and there is not sufficient money in the surplus and deficiency fund, then the 'Town shall pay the Bonds when due and the interest thereon and reimburse itself by collecting the unpaid assessments due the District. All assessments shall be a lien in the several amounts assessed from the effective date of the assessment ordinance to be adopted by the Town upon completion of the local improvements in the District. The lien for such assessments shall be prior and superior to all other liens except general tax liens, other assessment liens, and possibly other liens imposed by the State of Colorado or its political subdivisions or by the United States of America or any agency or instrumentality thereof. In the Bond Ordinance, the Town covenants to levy and collect assessments against all assessable parcels of property in the District and to diligently enforce the lien of the assessments against the property subject thereto. It is hereby certified, recited and declared that the principal amount of the Bonds does not exceed the amount authorized by law to be issued. It is hereby also certified, recited and declared that the proceedings taken to date with reference to issuing the Bonds and. to making such local improvements have been regularly had and taken in compliance with -14- law; that all prerequisites to issuing the Bonds have been performed; and that all acts, conditions and things essential to the validity of this Bond exist, have happened and have been done in due time, form and manner as required by law. The Bonds are not a debt of the Town and the Town is neither liable thereon, nor has it pledged its full faith and credit for their payment, nor are the Bonds payable out of any funds other than special assessments and other amounts pledged to the payment thereof as herein stated. The payment of the Bonds is not secured by an encumbrance, mortgage or other pledge of property of the Town except for such special assessments pledged for the payment of the Bonds. No property of the Town, subject to said exception, shall be liable to be forfeited or taken in payment of the Bonds. The Town has designated the Bonds of the series of which this is one as a qualified tax-exempt obligation pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended. This Bond is fully transferable by the registered owner hereof in person or by his duly authorized attorney on the registration books of the Town kept at the office of the Registrar upon surrender of this Bond together with a duly executed written instrument of transfer satisfactory to the Registrar. Upon such transfer a new Bond of the same principal amount and bearing the same number will be issued to the transferee in exchange for this Bond, on payment of such charges and subject to such terms and conditions as are set forth in the Bond ordinance. The Town, the Registrar and the Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether or not this Bond shall be overdue, for the purpose of receiving payment and for all other purposes except to the extent otherwise hereinabove and in the Bond Ordinance provided with respect to the payment of interest, and neither the Town, the Registrar nor the Paying Agent shall be affected by any notice to the contrary. -15- This Bond must be registered in the name of the owner as to both principal and interest on the registration books kept by the Registrar in conformity with the provisions stated herein and endorsed hereon and subject to the terms and conditions set forth in the Bond Ordinance. No transfer of this Bond shall be valid unless made on the registration books maintained at the principal office of the Registrar by the registered owner or his attorney duly authorized in writing. This Bond shall not be valid or obligatory for any purpose until the Registrar shall have manually signed the certificate of authentication hereon. IN TESTIMONY WHEREOF, the Town Council of the Town of Vail has caused this Bond. to be executed with the facsimile signature of the Mayor, and to be signed and attested with the facsimile signature of the Town Clerk under the facsimile seal of the Town. Signed: (Facsimile Signature) Mayor (FACSIMILE SEAL) Attest: (Facsimile Signature) Town Clerk -16- Certificate of Authentication for Bond This is one of the Bonds described in the within- mentioned Bond Ordinance, and this Bond has been duly registered on the registration books kept by the undersigned as Registrar for such Bonds. Colorado, as 01 Registrar Date of Authentication: By Authorized Representative -17- ASSIGNMENT FOR BOND FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and irrevocably appoints , attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to Signature Guaranteed: this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without: any alteration whatsoever. Address: Tax Identification Number or Social Security Number(s): (End of Form of Bond) -18- Section 14. Delivery and Application of Proceeds. When the bonds have been duly sold, executed and registered, the Town shall deliver the bonds to the lawful purchaser thereof on receipt of the purchase price. The registrar shall initially register the bonds in the name of the purchaser, or in the names of such transferees as the purchaser may designate in writing or writings satisfactory to the registrar, or any combination thereof as directed by the purchaser. The proceeds of the bonds (excluding accrued interest and capitalized interest) shall be deposited into the "Town of Vail, Colorado Booth Creek Local Improvement District Construction Fund" (the "Construction Fund") which is hereby created, and applied solely to defray the costs and expenses of making the Improvements (including incidental expenses and costs related to the issuance of the bonds). All moneys received as accrued interest and capitalized interest shall be deposited into the Bond Fund to apply to the payment of a portion of the interest due on the bonds through April 1, 1990. All moneys received as investment income on the Bond Fund shall be retained in the Bond Fund. All moneys received as investment income on the proceeds of the bonds shall either be used to pay for the Improvements or incidental costs or to pay principal of or interest on the bonds as the Town determines.. The purchaser of the bonds shall in no manner be responsible for the application by the Town, or any of its officers, of any of the funds derived from the sale thereof. Section 15. Levy of Assessments. The Town shall cause the assessments to be levied and collected as provided by law for the benefit of the registered owners of the bonds. The Town hereby covenants for the benefit of each owner of the bonds that the costs of the Improvements in amounts sufficient, together with any excess bond proceeds as provided in Section 10 hereof, to provide for payment of the bonds and interest thereon, shall be apportioned, levied and assessed against the assessable parcels in the District, in accordance with the Charter and the Vail Code, by ordinance to be hereafter adopted. Further, the °19- Town covenants that such assessments will bear interest at a rate which is at least equal to the highest rate of interest on the bonds and payable in one payment or in ten annual installments of principal, on March 1 of each year commencing on March 1, 1990, with interest on the unpaid principal balance of the assessment, payable annually on March 1 of each year commencing March 1, 1990. The Town hereby covenants to use its best efforts to insure that such assessments are levied as soon as possible upon substantial completion of the Improvements and to diligently enforce the lien of the assessments against the property subject thereto. Section 16. Assessment Revenues. All moneys received from such assessments, including interest and any penalties thereon (except to the extent that such moneys are payable to the Town as a reimbursement pursuant to Section 11 hereof), shall be deposited into the Bond Fund and said moneys, along with any other moneys deposited into the Bond Fund pursuant to the provisions of this ordinance, shall be used for the purpose of paying the principal of and interest on the bonds and for no other purpose whatsoever, and as security for such payment the Bond Fund is hereby exclusively pledged. Section 17. Books and Records. So long as any of the bonds remain outstanding, the Town will keep or cause to be kept true and accurate books of records and accounts showing full and true entries covering the collection and disposition of special assessments as well as any delinquencies in the collection thereof, covering deposits and disbursements in the Bond Fund, the redemption of bonds, both principal and interest, and disbursements to defray the cost of the Improvements, including incidental expenses; and the Town will permit an inspection and examination of all books and accounts at all reasonable times by a representative of the original purchaser of the bonds. Section 18. Resignation of Registrar or Paying Agent. If the registrar or paying agent initially appointed hereunder shall resign, or if the Town shall reasonably determine that said -20- registrar or paying agent has become incapable of fulfilling its duties hereunder, the Town may, upon notice mailed to each registered owner of the bonds at his address last shown on the registration books, appoint a successor registrar or paying agent, or both. No such resignation or dismissal may take effect until a successor is appointed. Every such successor registrar or paying agent shall be a bank or trust company located in and in good standing in the State of Colorado. It shall not be required that the same institution serve as both registrar and paying agent hereunder, but the Town shall have the right to have the same institution serve as both registrar and paying agent hereunder. Section 19. Authorized Action. The officers of the Town hereby are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance, including, without limiting the generality of the foregoing, the printing of the bonds (which may include thereon an opinion of bond counsel and related certification by the Town Clerk), the execution of such certificates as may reasonably be required by the initial purchaser thereof or bond counsel, relating, inter alia, to the signing of the bonds, the tenure and identity of the municipal officials, the absence and existence of factors affecting the exemption of interest on the bonds from federal income taxation, the accuracy of property descriptions, the delivery of the bonds and the absence of litigation pending or threatened affecting the validity of the bonds, if such is in accordance with the facts, and the execution of a bond purchase contract and appropriate agreements with respect to the services of paying agent and registrar. Section 20. Bondholders' Rights and Remedies. Any owner of any one or more of the bonds may, either at law or in equity, by suit, action, mandamus or other appropriate proceedings in any court of competent jurisdiction, protect the lien created by this ordinance on the proceeds of said assessments and the moneys in the Bond Fund, and may by suit, -21- action, mandamus or other appropriate proceedings enforce and compel the performance of any covenant of the Town or any duty imposed upon the Town by the provisions of this ordinance, or any ordinance heretofore or hereafter adopted concerning the District, including, without limiting the generality of the foregoing, the segregation of assessments into the Bond Fund, the proper application thereof and the appointment of a receiver. The failure of any such owner so to proceed shall not relieve the Town, the Council or any of the Town's officers, agents or employees of any liability for failure to perform any such duty. No remedy or right conferred by this ordinance is intended to be exclusive of any other remedy or right, but each such remedy or right is cumulative and may be pursued without waiving any other remedy or right. Section 21. Tax Covenants. The Town covenants for the benefit of the owners of the bonds that it will not take any action or omit to take any action with respect to the bonds, the proceeds thereof, any other funds of the Town, or any facilities financed with the proceeds of the bonds if such action or omission would (i) cause the interest on the bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Internal. Revenue Code of 19861 as amended (the "Tax Code"), (ii) cause interest on the bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b) (2) of the '.Pax Code except to the extent such interest is required to be included in the adjusted net book income and adjusted current earnings adjustments applicable to corporations under Section 56 of the Tax Code in calculating corporate alternative minimum taxable income, (iii) subject the Town to any penalties under Section 148 of the Tax Code, or (iv) cause interest on the bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the! bonds until the date on which all -22- obligations of the Town in fulfilling the above covenant under the Tax Code and Colorado law have been met. Section 22. Designation as Qualified Tax-Exempt Obligation. The Town hereby designates the bonds as a qualified tax-exempt obligation for purposes of Section 265(b)(3)(B) of the Tax Code. Section 23. Amendment or Supplement of Ordinance. This ordinance may be amended or supplemented by an ordinance or ordinances adopted by the Town Council in accordance with the Charter and the Vail Code with or without the receipt by the Town of any additional consideration, with the written consent of the owners of 75 percent of the bonds authorized by this ordinance and outstanding at the time of the adoption of such amendatory or supplemental ordinance, provided, however, that no such ordinance shall have the effect of permitting: (a) an extension of the maturity of any bond authorized by this ordinance without the written consent of the owner of the bond; or (b) a reduction in the principal amount of any bond or the rate of interest thereon without the written consent of the owner of the bond; or (c) the creation of a lien upon or a pledge of property, revenues or funds, ranking prior to the liens or pledges created by this ordinance; or (d) a reduction of the principal amount of bonds required for consent of such amendatory or supplemental ordinance. Section 24. Ratification. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the Town, the Council and the officers of the Town, directed toward the creation of the District, the construction and other acquisition of the Improvements therein, the sale and -23- issuance of the bonds, and the levy of assessments for that purpose, hereby is ratified, approved and confirmed. Section 25. Ordinance Irrepealable. After the bonds have been issued, this ordinance shall constitute a contract between the Town and the owner or owners of the bonds and shall be and remain irrepealable until the bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. Section 26. Limitation on Challenqe. After the expiration of 30 days from the date of final adoption and approval of this ordinance, all actions or suits attacking its findings, determinations and contents or questioning the legality of the bonds and all proceedings relating thereto shall be perpetually barred, and the ordinance and bonds shall be conclusive of the facts stated therein and shall be conclusively deemed valid and legal in every court or tribunal and shall not be open to contest for any reason. Section 27. Severability. If any section, paragraph, clause, or provision of this ordinance shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any other provision of this ordinance. Section 28. Repealer. All ordinances, resolutions, bylaws and regulations of the Town in conflict with this ordinance are hereby repealed to the extent only of such inconsistency. Section 29. Recordinq; Effective Date. Immediately upon its final passage, this ordinance shall be recorded in the Town book of ordinances kept for that purpose, authenticated by the signatures of the Mayor and the Town Clerk and shall be -24- published in The Vail Trail, a legal newspaper of general circulation in the Town. This ordinance shall take effect five days following its publication after final passage. INTRODUCED AND APPROVED ON FIRST READING on July 18, 1989. Mayor (SEAL) Attest: Town Clerk ADOPTED AND APPROVED on August 1, 1989. Mayor (SEAL) Attest: Town Clerk -25- Council Member duly seconded the motion, and the question being upon the approval on first reading of the foregoing Ordinance, the roll was called with the following result: Council Members voting "Yes": Kent R. Rose John C. Slevin Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg Council Members 'voting "No": Council Members having voted in favor of said motion, the Mayor thereupon declared the Ordinance duly approved on first reading and directed that the Ordinance, as approved, be published once in full in The Vail Trail, a newspaper of general circulation within the 'T'own and legally qualified for Town publications, and that notice of the August 1, 1989 public hearing on the ordinance be published as required by the Vail Code. After consideration of other business to come before the Town Council, the meeting was adjourned. Town Clerk Town of Vail (TOWN SEAL) -26- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) The Town Council of the Town of Vail, Eagle County, Colorado, met in regular session, in full conformity with the Town Charter, ordinances and all other applicable laws, rules and regulations, at the Municipal Building in Vail, Colorado, the regular meeting place thereof, on Tuesday, the 1st day of August, 1989, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Kent R. Rose Mayor Pro Tem: John C. Slevin Council Members: Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg The following members of the Town Council were absent: The following persons were also present: Town Manager: Rondall V. Phillips Town Attorney: Lawrence A. Eskwith Town Clerk: Pamela A. Brandmeyer Director of Admini- strative Services: Charles Wick Thereupon the following proceedings, among others, were had and taken: The mayor informed the Town Council that Ordinance No. Series of 1989, which was introduced, read by title, passed on first reading, approved and ordered published in full at a regular meeting of the Town Council held on July 18, 1989, -27- was duly published in full in The Vail Trail, a newspaper of general circulation in the Town, in its issue of July 21, 1989, and that the publisher's affidavit of said publication is now on file in the office of the '.Down Clerk. Council Member then introduced said Ordinance a second time and read the Ordinance by its title, sufficient copies of the full Ordinance having previously been made available to the Town Council and to the public. The Mayor then declared that this was the time and place for a public hearing on the Ordinance and the meeting was then opened for such purpose. After all persons had been given an opportunity to speak, the hearing was declared closed. Council Member moved the final approval on second reading of said Ordinance. Council Member duly seconded the motion, and the question being upon the final approval on second reading of the said Ordinance, the roll was called with the following result: Council Members voting "Yes": Kent R. Rose John C. Slevin Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg Council Members voting "No"': Council Members having voted in favor of said motion, the Mayor thereupon declared the, Ordinance finally approved on second reading and directed that the Ordinance, as approved, be published by title only in The Vail Trail, a newspaper of general circulation within the Town and legally qualified for Town publications. -28- After consideration of other business to come before the Council, the meeting was adjourned. Town Clerk Town of Vail (TOWN SEAL) -29- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) I, Pamela A. Brandmeyer, the duly qualified and acting Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the foregoing pages 1 to 29, inclusive, constitute a true and correct copy of the Record of the Proceedings of the Town Council of the Town, taken at regular meetings thereof held at the Municipal Building in Vail, Colorado, on.Tuesday, the 18th day of July, 1989, commencing at the hour of 7:30 p.m. and on Tuesday, the 1st day of August, 1989, commencing at the hour of 7:30 p.m., as recorded in the official Record of the Proceedings of the Town kept in my office, insofar as said proceedings relate to Ordinance No. Series of 1989, authorizing the issuance of the Town of Vail, Colorado Booth Creek Local Improvement District Bonds, Series 1989; that said proceedings were duly had and taken; that said meetings were duly held; and that the persons were present at said meetings as therein shown. It is hereby further certified that the Ordinance was published in full in The Vail Trail, a newspaper published and having general circulation in the Town and legally qualified for Town publications, on July 21, 1989, and by title only in said newspaper on August 4, 1989, as evidenced by the affidavits of publication attached hereto. IN WITNESS WHEREOF, the undersigned has hereunto set her hand and the seal of the Town this day of August, 1989. (TOWN Town Clerk SEAL) Town of Vail -30- Affidavit of publication of Ordinance in full and notice of public hearing thereon. r -31- Affidavit of publication of ordinance by title only. f -32- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) The Town Council of the Town of Vail, Colorado, met in regular session in full conformity with the Town Charter and the applicable laws, rules and regulations of the Town, at the Vail Municipal Building, Vail, Colorado, the regular meeting place thereof, on Tuesday, the 18th day of July, 1989, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Kent R. Rose Mayor Pro Tem: John C. Slevin Councilmembers: Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg The following members of the Town Council were absent: The following persons were also present: Town Manager: Rondall V. Phillips Town Attorney: Lawrence A. Eskwith Town Clerk: Pamela A. Brandmeyer Director of Admini- strative Services: Charles Wick Thereupon the following proceedings, among others, were had and taken: Council Member introduced and moved the approval on first reading of the following ordinance, which was then read by title, sufficient copies of the full ordinance having previously been made available to the Town Council and to the public: TO: Town Council FROM: Community Development Department DATE: August 1, 1989 SUBJ: An appeal of a Planning and Environmental decision to approve a front setback variance for Lot 6, Vail Village 10th Filing, 950 Fairway Drive. Appellant: Mr. Eugene F. McGuire On July 10th, the Planning and Environmental Commission approved a 16 foot front setback (4 feet from the front property line) for Michael Katz, owner of Lot 6, Vail Village 10th Filing. The lots on either side of Mr. Katz received identical setback variances in 1975 due to geological hazards in the area. The PEC decision is being appealed by the owners of Lot 5, east of the subject lot. The staff has not yet received a site specific report on the geological hazards related to the specific design of the residence proposed, but has reviewed a general report from Arthur J. Mears, P.E., Inc. concerning five lots, including Lot 6 (attached). The Planning and Environmental Commission voted for approval of the request by a 5-1-1 vote, with Diana Donovan voting against, and Jim Viele abstaining. The reasons for approval were the fact that the lots on either side with apparently similar degrees of slope and hazards did receive the variance, negating the special privilege factor and that they felt the findings required to grant a variance had been met. Diana Donovan°s reason for voting against this requested variance was that since the house is designed to be constructed in "stair steps1° up the hill, this proves that the house does not need to be built at the front of the lot. The staff recommends upholding the PEC°s decision. , ~2 I CORTEZ £3 FRIEDMAN P. o. eox 17107 A PROFESSIONAL CORPORATION DENVER. COLORADO 80217 ATTORNEYS AND COUNSELORS AT LAW TELEPHONE (303) 796-0700 TELECOPIER (3031796-2015 ONE DENVER TECH CENTER SUITE 700 5251 OTC PARKWAY ENGLEWOOD. COLORADO 80111 July 18, 1989 Ott -It JUL 2 010-49 Town Council Town of Vail Town of Vail Municipal Building Vail, Colorado 81657 Dear Ladies and Gentlemen: This firm represents the owners (Mary Lou Walters and Vern and Golden Anderson) of Lot 5, Vail Village Tenth Filing. This lot is adjacent to Lot 6, Vail Village Tenth Filing. The Planning and Environmental Commission, on July 10, 1989, granted applicant Michael Katz' request for a setback variance. The owners of Lot 5 hereby file this appeal and request for a hearing. Mr. Katz, after the PEC meeting, assured the undersigned and others that he would be willing to take into account the concerns of neighbors. I have attempted to reach Mro Katz but have been unsuccessful. While I presume that discussions with Mro Katz will result in everyone amicably reaching agreement, it was necessary to file this appeal to preserve the owners' rights. It is not intended to foreclose discussion with Mr. Katz. Yours truly, r Eu ne a Mc ire EFM:c cc: Mr. Michael Katz Mro and Mrs. Vern Anderson Ms. Mary Lou Walters I 1 l_: - Fb r 244 C,4R ~ ' EiARr~~fi 2~1~ y~ 1 - 14 L t-, % 314-0 It 1, 2H4•o f----- _ rC~~ Sg6E ' - . L f A/ 4TINb 56D ~y S:A~'aS0 51ONE f/l•=G0 _ R6T,47N:~ rvf~LL- ~YDNO 04 02 96 ~ • I , ~ .tea . c~rv~ Y~ ~ ~ . \ . - TI . I / fit/ n / INN 4~0in soutH wrniy~ l l art. J at's +iPA ' \ ~4~ ~ \ ~ } ICI ~ ! af•' ~ ( / A I l it ! J I J I I J 1 4 I 1 t ~ 1 41 lw 1 l i I ? i ~ ! I I ~ I I 1 PA - I I I 4~v, WAY. \ - I~ 1 ~i , I I I W-I 96 ..s~~ le ~ z ~ 2~t3 3g N 88' f J, TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 10, 1989 SUBJECT: A request for a front setback variance in order to construct a residence on Lot 6, Vail Village Tenth Filing. Applicant: Michael Katz I. DESCRIPTION OF VARIANCE REQUESTED The applicant is requesting a front setback variance of 16 feet in order to construct a residence. The property is in the blue and red snow avalanche, high debris avalanche, and medium severity rockfall hazard areas. The slope of the lot under the proposed garages and residence is approximately 30%. Zoning on this property is Two Family Residential. The front setback requirement is 20 feet. Mr. Katz would like to build within 4.feet of the front property line. The 16 foot encroachment allows the owner to build two garages with living space on the level above. The applicant's reasons for moving the structure forward is to help mitigate against potential damage from avalanche, rockfall and debris flow and also to reduce extensive cuts and fills necessary to meet setback requirements. II. CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section 18.62.060 of the municipal code, the Department of Community Development recommends approval of the requested variance based upon the following factors: A. Consideration of Factors: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. In 1975, the PEC and Town council approved an application fore foot front setbacks for Lot 5, 7, and 8. Lots 5 and 7 border Lot 6. Existing structures already encroach into the front setback on either side of this lot. (Please see the attached PEC and Town Council minutes for the variances in 1975). 2. The deqree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessarv to achieve compatibility and uniformitv of treatment amonq sites in the vicinity or to attain the objectives of this title without qrant of special privilege. The fact that the lots adjacent to Lot 6 received &'16 foot setback variances negates the special privilege factor. All of the lots along the south side of Fairway Drive are impacted by numerous hazards which make the variance requests reasonable and necessary. Staff believes that the owner of Lot 6 should receive the same treatment. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. There are no significant impacts on these factors. However, we would recommend that the balconies be constructed without supporting posts. This will result in the balconies having less of a visual impact when viewed from the street and neighboring properties. III. Such factors and criteria as the commission deems applicable to the proposed variance. IV. FINDINGS The Plannina and Environmental Commission shall make the following findinqs before arantinq a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. That the variance is warranted for one or more of the following reasons: The strict or literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. STAFF RECOMMENDATION The staff recommends approval of the requested variance. The construction of a residence on a steep lot in hazard areas can be considered a practical difficulty and unnecessary physical hardship. The fact that adjacent lots were granted the identical setback variance indicate there would be no special privilege in granting the same variance for this property. I r 04 ,I l / r 1 02 63-t - 41 ~i.; ' ' ' ,'4rl i : ~s:.pa . Aso , ~ ~~ti . \ ~ ~ 1 t 1 1 Soo PIN ?c' t~ 1; o' . + a ~ ~ ~ ppp rt '~1ti yyA > ~ r.~' ' 1 ' 1 I ~~dr'3. lup'. •~t,~ ~d i x, ,~s'y~`.~ t~~a. a 1{,i s r •~y ( ~ ~4 1 ` i~ R P a ~k 1 ' , .`c+`a~,~1r,Q~t~,~,o-~ y~~ ~~•,W t t .i tr~ 1 , 1 ~Fr~e.._ a::. _ ~ ~y \ C.R. ,.r..>w•~. K~tlat.`? ~ft~ _ ' ' ~ t,..` y, l y~s ~ ~ f 9 ~ 1 4- ^L~''k`At'+ ~ t. 1' r^ ~ ~ ~ M11'~., r'r \ 1 t wl ~c''' i` f~~ tS) m 9,~.. y :fit + ' a 'ty 't u 1.. -v .~+~f~1-~` :•~~9~`.{~~ ( ` ~ t ~ Hu5r1N~ ~ A •'r4r• 1~ X01 ~ ~ l 'i ~ ti,`, 4 ',y~,;'•;,t~t ' ` _ ~J 1 ' 1 N. 0 ~ cc- Statement Mr. Michael Katz is applying for a 16' front set back variance in order to construct a two family residence on Lot 6. Vail VIllaae 10th Filinq with a 4' set back. This lot is in the moderate snow avalanche, debris avalanche and rockfall zone. Final design is not complete, but Mr. Katz is desirous of locating his residence so as to mitigate against potential damage from snow avalanche and debris flow and the potential of environmental damage that might occur from extensive cuts and fills neccessary to meet the set back requirements as stated in in paragraph 18.12.060 of the Town of Vail Zoning Ordinance In August of 1975, the Town of Vail Planning Commission approved an application for a 4' set back on the two lots adjacent to Lot 6. At a Town of Vail council meeting on September 2, 1975 the 4' set back was unanimously approved by those present. In the meantime, two 2 family residences have been built on these lots, each taking advantage of the 4' set back. The location of Mr. Katz's residence would thus be in conformity with that of each of his adjacent neighbors. Minutes from both the Planning Commission Hearing and Town council are attached to this application. By granting this variance, there would be no adverse effect on light, air, distribution of population, transportation, traffic facilities, utilities and public safety. PLANNING CONdMISSION August 21, 1975 3 : 00 PH Members present: Heimbach Wright Abbott Wi I to Others present Lamont Toughill SALES TAX FIGURES Lamont presented sales tax data suwnmarized by John Ryan and suggested that staff and Planning Commission might be able to use this information as an aid in considering conditional use permits in CCI. The general feeling was that the Planning Commission would not want to impose the Town in the economic determinants of the cominunity,and the market place should determine what types of new businesses are aIIowed. They did, however, feel that the. data with some refinement, could be used by the staff in the general review process. SET BACK VARIANCE FOR LOTS 5, 7, and 8 Vail Village 10th Filinq Jim Abbie, representing owners of Lots 5, 7, & 8, Vail Village 10th Filing - application for 4' setback in lieu of 20' required by the Zoning Ordinance. Diana Toughill explained that the setback variance was requested by these owners for two reasons: first, to locate the structure as far from Zone I, Avalanche Hazard area, as possible, and secondly to mitigate the environmental damage from extensive cuts and fills nec- essary to meet the setback requirements. The Community Development Department staff recommended approval of the variance. Based oil criteria and findings from Article 19 read into the record, a motion for approval was made by Jen Wright and seconded by Bill Wilto. The motion carried with Abbott opposed. ine roregoirig in9trunerrs was ackrtomrtwfteCbzfa.~__ 7thfs .day o4 May 10, 1989 by MC Flo •,u~.. rr u ~ : ~,:~'.k~ IiiQSA I --D...B A-KIItANT - Minutes 2 September 1975 Page 2 , With regard to the appointment of a new member to the Local Licensing Authority to fill the vacancy created by the resignation of Gerry White, the Council voted by paper ballot. Application was made in writing to the Town Clerk by the following persons: Jim Schorsch, Isobel Schober, Kristine Keesling and Barbara Parker. Barbara Parker received the highest number of votes and was duly appointed by the Town Council. It was then necessary for the Council to vote to increase one of the original board member's terms from two to four years; the board member receiving the highest number of votes was Bill Grassie; thus, his term on the Local Licensing Authority was increased to four years. With regard to the consideration of a request for a setback variance for Lots 5, 7, and 8 in Vail Village Tenth Filing, the zoning administrator; Diana Toughill, explained that the lots are located on the golf course and that the owners are asking for a 16 ft. allowance on the required 20 ft. setback requirement. If houses could be constructed within 4 ft. of the property line, which fronts on to the road, then the avalanche hazard would be minimized and deep cuts and fills on the hillside would be avoided. Jim Abbie and John Mueller were present to represent all lot owners; the owner of Lot 5 is Harry Ziegler. Ms. Toughill stated that the Planning Commission and the Town staff have recommended approval of the setback variance.. Councilman Donovan stated that he understood the problem but could not see how anyone could build four feet from a property line. Councilwoman Klug moved to approve the request; Councilman Slevin seconded the motion; all present voted in favor; and the motion carried to grant the request. With regard to a request for an amendment to a variance permit already granted to Bob Lazier, the owner requested that he be allowed to use the money designated for covering 15 parking spaces to heat walkways and landscape the area. The amount plus $500 design.funds has been deposited with the Town of Vail; the project is to be completed by September 30, 1975. It was the opinion of the Council that the Town staff should work with Mr. Lazier if the request were granted. Councilman Staufer moved to approve the amendment; Councilman Donovan seconded the motion; all present voted in favor; and the motion carried. With regard to a request for a sign variance for the Lift House Lodge, Doug 'Packy' Walker stated that he needs an additional sign for identification of his lodge, since the directory sign is not sufficient. The zoning administrator stated that the Design Review Board has recommended approval of the request for a 16 sq. ft. sign. Mr. Walker stated that he has permission from both Bob Lazier and Chuck Rosenquist to put the sign up. Councilman Staufer moved to approve the request on the Design Review Board's recommendation subject to landscaping being done simultaneously according to plan. Councilwoman Klug seconded the motion; all present voted in favor; and the motion carried. With regard to a request for a GRFA variance for the Row Houses from Geraldine Cohen, the owners of Units #4 and #6 want to enclose the second story balconies and add 77 sq. ft. and a sliding glass door. The zoning administrator commented that it was the opinion of the Design Review Board tiot_tho Variance wDO.d improve the building aesthetically. The Planni•h ;;i as.,i.otr..~? p~.4 td*v r of tole request. . Councilman Staufar .;t i~.;n , i~„ _ i•, _ .:r: 1 .1;•:'tr? ri in essence be July, 6, 1989. Vail Colo. Town of Vail Community Development Department, Vail, Colo. Re: Item 4- Request for setback variance, Lot 6, Vail Village, 10th Filing. Hearing 3PM, July 10th. Dear Sirs: I am concerned about the above request for setback and therefore I will be represented by my neighbor to the west of me in this duplex on lot 5, just east and adjacent to lot 6. We are concerned that the new structure may jut out more than the lineup of existing structures, and block the view to the west. It is true that our property was built with a 4' setback, permit, but this certainly does not apply to the structure that is parallel to the straight street, for it is far more than that. It may more easily apply to the east end of the house and the distance to the round cul-de-sac, which is not being used in a round form. Actually, the south side of the cul-de-sac, is a straight line extension of the street to the west. My neighbor, Gene McGuire, will be representing me as well as their property, which is all of the property, on lot 5, at the public hearing on Monday July 10. Sincerely, Vern C. Anderson 970A Fairway Court, Vail, Colo. vca/me JN 1 5 = 4g P 04 _ F' 0 49 e4 e ARTHUR I. MEAR,S, RE., INC. Nturt! H=ds Coruuftmts 222 Eu CahS Ava. GU&%1W, CQ1,Wk o 81230 L .3 b 303 0 641.3236 Mr. Mark Cadmus Brandess-Cadmus Real Estate, Inc. 281 Bridge Street Vail, CO 81657, ° February 7, 1988 Dear Mr. Cadmus: At your request, I have completed a reconnaissance of snow-avalanche, debris- avalanche, debris-flow, and rockfall hazard at the 5 Vail Lots discussed below. The work reported here constitutes "site-specific" appraisals og these lots with respect to the geologic hazards listed above. other geologic hazards or development constraints, if any, have not been considered as part of this study. HAZARD MATRIX FOR THE 3 LOTS The 5 lots studied are listed in the left column In the matrix below. The lots are affected by various combinations and severities of the 4. geologic hazards listed above. Snow avalanche, debris flow, and rockfall are sated as of or "high" hazard. In accordance with criteria adopted by the Town of Vail, debris-avalanche potential is identified ("Yes" or "No'% but not brokers down into high and moderate categories: HAZARD MATRIX Lot I1 Snow Aval -Debris Aval Debris Flow Rockfall #7, 3rd Filing Moderate No Moderate No X15, 3rd Filing No No Moderate Moderate #4, 3rd Filing Moderate No Moderate Moderate #3, 3rd Filing Moderate No Moderate Moderate 116 10th Filing Moderate Yes No) Moderate Study of the hazard matrix Indicates that, none of the 5 Sots are affected by high hazard snow avalanche, debris flow, or rockfall; only Lot 6, 10th Filing is affected by debris avalanche. HAZARD DEFINITIONS Snow avalanche nosl Moderate Hazard: Reached by snow avalanches with return periode of 23 years or chorea and avalanches producing impact pressures of 615 lbs/fO or , ,less. . U12di-Ag ~3j p&r~+istte,d but -avalanche defense design and/or atru~.tra.ra~.t ,n or emen~: y be °ntede . - _ - m h! 1 s _ Snow avalanche (cont) - High Hazard: Reached by Snow avalanches with return periods of less than 25 years, and/or avalanches producing impact pressures of more than 615 lbs/ft2. The Town of Vail does not permit building in this avalanche zone, Debris Avalanche - Because debris avalanches consist of water, wet snow, mud,.rock, and 4T-&aaj.E d bris. they can be destructive all the way to the router edges. They also stop in short distances in the runout zones, thus high and moderate hazard zones cannot be defined. Hazard zones can be shortened by building energy-dissipating barriers (berms or dabs'), perpendicular to the flow direc-tlon,--.-thus -avoiding encounter altogether. - Debris Flog - High Hazard: These areas can experience severe structural damage and possible loss of life through impact of mud, rock, and debris. Building is usually not permitted in these areas because structural protection is, in general8..not feasible. Moderate Hazard: These areas can experience property damage through flooding, erosion and impact of muddy water, soil, rock, and debris, building is permitted by the Town of Vail because protection of buildings is easily achieved through various combinations of low barriers, reinforced lower foundations and Walls, and avoidance of window openinSS at grade. / Rockf all High Hazard; These areas are located on or below steep slopes that produce or maintain destructive rockfalls Rock impact with structures is likely to cause severe damage, including penetration of building wails. e __!!__moderate Hazard: These areas are located gear the outer limits of. rolling rocks and will, rarely be reached by rockfalls Structural , protection of buildings, if necessary, is easily accommodated into design. SPECIFIC DEVELOPMENT CONSTRAINTS ON LOTS The following opinions on the constraints to development on the 5 lots result from my field inspections of the Lots conducted on January 8 and February 81 1988 and from experience gained on analysis of avalanches, debris flows, and rockfall in the Vail area during the past 15 years. Specific design criteria used for the sage construction of exposed structures, including design loads, cannot be provided at the present time. Such design criteria requires knowledge of: - Structure location and orientation; Structure size and shape; and Structure details that may affect the geologic process. Lot 7, 3rd Filin~ will be exposed to light flow end/or"•,powder blast from the "Clubhouse Gulch avalanche path during major dry-snow avalanche conditions. Debris flows May also reach the site, but will consist. only of, muddy water and floating vegetative matter of insufficient mass to create structural damage. The avalanche hazard can be mitigated by proper building orientation, window and door design, and possible local reinforcement. This additional work would probably constitute a small percentage of the total building cost. Debris'-flow mitigation may not be required, but in any case could easily be accomplished through landscaping. Lot 5, 3rd F111nt is exposed to debris flow similar to that affecting Lot 9, and requiring similar mitigation, if any. The building site is located on the fringe of rockfall hazard and probably would not require structural protection from rockfall. Lot 4, 3rd Filing is exposed to debris flow and rockfall similar to Lot 5. However, it is also exposed to light flow and/or powder blast pressures from avalanches beginning on the steep, north-facing slope above Sunburst Drive. Avalanches of a size and energy sufficient to cause at least some minor damage may occur every 50-to-100 years, and structural protection is justified. The avalanche hazard can be mitigated by proper building orientation, window and door design, and possible local reinforcement. Lot 3, 3rd F'iliilm is exposed to debris flow and rockfall similar to Lots 4 and 5, as described above. This lot is, however, closer to the same avalanche path that affects Lot 4. Consequently, avalanches here, although also rare (estimated 25-to-50 year return period), definitely require structural mitigation, Mitigation can easily be accomplished through attention to building form, strength, orientation, and location. •a~ Lot 6, 10th Fillns is exposed to small snow avalanches, minorrockfall, and debris.avalanches. Snow avalanches have reached to within apDroxixstely-150 met-- of Fair iW.:.Drive__..above the western.. portion of Lot 6 4uring the past several winters. Larger avalanches can cross the road. RockfaU has also occurred and deposiged'ora the steep slopes approximately 200-300 feet above Fairway Drive, and could _reach the building site, particularly if the forest ° were removed or destrAyed. Debris avalanches, during extreme conditions, ' will also deposit in Fairway Drive. Joint structural_mitigation_of_the snow- - ava.lanche_.__and~rockf al.l__ha.zard__- is feasible here e Debris avalanches can probably be stopped before the VUIding site is reached, thereby eliminating the hazard. The form and shape of the building will determine ii mitigation is feasible on this lot. The site reconnaissance conducted for this study indicates that development is feasible, with some restrictions, on all 5 lots considered. Please contact me if you have any further questions.' Sincerely, Caakzoq.~ Arthur 1. Mears, P.E. 1 s . ~t G e.._... - j9 MON ;0:z r l- C. B X RN KR~iPd~' LOT 2 LOT 1 4) 02 00 EE. FAIRWAY 60.4 3' powor transformer atncroacl~menl °~j., AJ 15o '28'29" W.C. 4.00' ° A = 40,14 R ®14 8.61' T m 20. 19' C s 40.021- . N 813° 13' 4>;' E • 0 - o to LOT 1 LOT 6 w LOT 5 0,702 cc NO IMPROVEMENTS m Founp pin 6 cap no, 4551 0 Found pin 8 cap no. It 413 30t 5$ t 1`7. ® Sao pin top no. 12566 N 0 ~ O ~s SCALE, 1"--50' 2'3 5'0 March 21, 1989 89/011 N 879 25' 4416W 124.00' TRACT A TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 24, 1989 SUBJECT: A request for an exterior alteration in order to construct improvements to the Enzian Lodge at 705 West Lionshead Circle, Lot 1, Block 2, Vail Lionshead Third Filing. Applicant: Alma Equities, A New York Corporation I. DESCRIPTION OF REQUEST The Enzian Lodge is proposing to make the following changes to the project: A. Add a new entry on the north elevation. The exterior expansion is 42 square feet. B. Construct an area adjacent to the underground garage which will be used for either accessory lodge use, void space, or perhaps an employee housing unit. The square footage is 130 square feet. C. Add a comprehensive landscape plan for the entire property. The following improvements are also proposed for the lodge. However, all of these changes occur within the existing walls of the lodge. These portions of the remodel are included in the memo to provide a full understanding of the extent of the remodel. A. The sixth floor meeting space (1,080 square feet) will be redesigned into three accommodation units having a total square footage of 2,840 square feet. B. On the first floor, two accommodation units will be removed (671 sqare feet) and converted-to meeting room space. C. The basement floor is presently a garage. There are approximately 16 parking spaces within this area, plus a laundry area. The owner has proposed to convert this area into accessory lodge uses: Hall/storage 1,250 sq. ft. Recreation/fitness 1,392 sq. ft. Office/Lodge mgt. 578 sq. ft. Restaurant accessory use 1,461 sq. ft. Laundry 324 sq. ft. Housekeeping 275 sq. ft. Total 5,280 sq. ft. This portion of the proposal does not require any approvals from Planning Commission. Please see the attached letter which explains the staff position on the removal of the parking. The owner will be required to pay for the sixteen spaces that have been removed from the site. Under Commercial Core II zoning, owners are required to pay into the parking fund as opposed to locating parking on site. II. COMPLIANCE WITH THE PURPOSE SECTION OF COMMERCIAL CORE II 18.26.010 Purpose. The commercial core 2 district is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial core 2 district in accordance with the Vail Lionshead urban design guide plan and design considerations is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the district by establishing appropriate site development standards. The proposal complies with the Purpose Section by upgrading an existing lodge. III. COMPLIANCE WITH THE URBAN DESIGN GUIDE PLAN FOR LIONSHEAD This proposal does not relate directly to any sub-area concept in the Lionshead Urban Design Guide Plan. IV. COMPLIANCE WITH URBAN DESIGN CONSIDERATIONS FOR LIONSHEAD The purpose of the comparison between the proposal and the considerations is to show how the new design strengthens or detracts from the overall intent of the design considerations. Height and Massinq The sixth floor expansion. and addition of three dormers relates only to one criteria that, states: A. Building expansions shall generally be limited to one story and two stories as indicated or the Guide Plan., or as can be demonstrated to have a positive visual and functional effect. The new entry on the north elevation will be more functional and the architecture is upgraded. Urban Design Considerations Not applicable. J Roofs Most of the comments for this consideration relate to first floor expansions. The remodel does meet the requirement that, "it is important to integrate expansions with existing buildings so as to avoid a patch work, tacked on quality for Lionshead. It is hoped that all expansions will appear to have been part of the original design of each building." The new entry and changes to the roof comply with this criteria. The dormers also meet the comment that "where main building roof planes are highly visible from the ground, expansion should match that pitch. "All roof pitches on the sixth floor will be 5 1/2 by 12. There are no significant impacts on sun/shade or views as documented by the applicant's studies. Facade/Walls-Structures This guideline encourages the use of concrete, concrete block, glass, metal, stucco, and wood for construction. The Enzian Lodge proposed to continue the use of stucco and wood in the remodel. Facades and Transparencv This section states: Ground floor commercial facades should be proportionately more transparent than upper floors. The remodel includes adding new windows on the south and east elevations adjacent to the pool. Even though this area is not a commercial storefront, the increased transparency will improve the appearance of the building. Decks and Patios This criteria states that decks and patios, particularly for dining, encourage a strong street life and should be promoted in any remodel. In respect to the Enzian Lodge, the pool/patio area will be improved by adding additional landscaping and by adding new stucco to retaining walls. Accent Elements Not applicable. Landscape Elements This criteria emphasizes the importance of a strong landscape plan for any project. The applicant is proposing an overall landscape plan with emphasis on the steep bank adjacent to the parking area on the north side of the building. This bank presently has no landscaping and is very visible from the Frontage Road. The proposed landscape buffer for this area will comply with the Town of Vail landscape plan and will also screen the parked cars from public view. Landscaping is proposed for the bank on the south side of the property which faces the Marriot Mark. This site has been an eyesore for many years. The proposed landscaping will greatly improve the appearance of this area. V. ZONING CONSIDERATIONS The overall remodel requires a height variance and density variance. These issues are addressed in the attached memo. VI. STAFF RECOMMENDATION The staff strongly supports the exterior alteration request for the Enzian Lodge. It is somewhat difficult to apply the Lionshead Urban Design Considerations to this proposal as the project is not located in Lionshead Mall. However, it is clear that the proposal adds many improvements to the existing property which are very much needed and in general meet the criteria for an exterior alteration. Staff is very supportive of the landscape plan which is a major upgrade for the site. ' C3 Enzian Lodge Cut Slope This slope, which is on the south side of the y° interstate just west of the main village, interchange, is a major visual problem and part t: of key views. However, because grasses are slowly invading around the edges, its impact is somewhat lessened. Nevertheless, by removing the overhang at the top of the cut and planting woody plants onto the areas that are bare, it r" can be completely restored. Where the LAN overhang does not exist, vegetation is spilling down onto the slope from above. However, a more important visual issue is the parking lot on top which is very prominent as viewed from the westbound highway lanes. 'A wood screen fence, visually softened with planting and boulders, would significantly improve this image. The design of the fence should keep the tops of fence sections level , , and step with the grade as needed. Shadow 1 patterns and medium to dark color would further reduce the prominence of the fence itself and increase depth and interest. Small to medium size evergreens should be included as counterpoint to the fence year-round and to further screen the parking lot. Clumps of deciduous shrubs break up the dominance of the evergreens and spill down the slope, giving a natural appearance to the whole area. F "rc, ^ +7~•! ~te t G. ~ii ~ c.~ d.,:ir ~ f`~ i'4t .r 'V; ;~-7 vow F.' ~5•c 'i4~, a s'. S e f a ~ • r~'f r-1,.z y~ t~: t" - f r I•I.. hf~. ~'Y`1 n L,..tr: .E' f -R'•' A 13 1 •EZ ' t . 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Box 3149 Vail, Colorado 81658 Re: Enzian Lodge parking variance Dear Jay, I am writing this letter to, document the.,staff's decision on the Enzian Lodge's request to convert"an underground parking area into useable space for the lodge. The parking garage would be converted into the following uses: Halls/storage 1,250 sq. ft. Fitness area 1,392 sq. ft. Office for hotel manager 578 sq. ft. Restaurant back of house 1,461 sq. ft. Laundry 324 sq. ft. Housekeeping 275 sq. ft. Total -5,280 sq. ft. You have indicated that there are sixteen spaces in the garage which are currently never used. The owner has agreed to pay into the Commercial Core II parking fund for the sixteen spaces. With regard to the conversion of the parking, the staff considers the parking area to be an existing legal, non-conforming use. As it relates to Section 18.52.160 B of the Zoning Code. This section states: In Commercial Core I and Commercial Core II, property owners or applicants shall be required to contribute to the Town parking fund, hereby established, for the purpose of meeting the demand and requirements for vehicle parking. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the Town the parking fee herein after required.... However, the Commercial Core II District states in Section 18.26.150: Off-street parking and loading shall be provided in accordance with Chapter 18.52. At least one half the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. In respect to 18.26.150, the Enzian is also an existing legal, non- conforming use as on site parking for the Enzian Lodge includes approximately 64 spaces. Of these 64 spaces, 32 spaces would be required to be underground. Currently on site, there are 48 (approximately) surface spacer and 16 garage spaces. 18.26.150 refers back to Section 18.52 which states that any owner or applicant must pay into the parking fund for parking in Commercial Core II parcels. In addition, Section 18.52.180, states that: Any parking variance which is granted by Chapter 18.62 of the Vail Municipal Code shall be required to contribute into the Town's parking fund, as set forth in Section 18.52.160 exemptions. This is another reason why the staff feels it is unnecessary to go through the parking variance process. Your proposal to convert the underground parking to lodge uses makes the project more conforming in respect to Section 18.52.160 B. At first glance, the proposal becomes more non-conforming in respect to Section 18.26.150. When you consider that 18.26.150 refers back 18.52.160 B, the proposal in the end is becoming more conforming. Even though this seems like a lot of zoning bureaucracy, the staff felt that it was very important to document how we arrived at this decision on the parking conversion. I advertised for the height variance for the July 24th Planning and Environmental Commission meeting. You have two options as to how you wish to handle the project. The staff can review the proposal by using the variance criteria for the density, height, and exterior alteration request. The other option would be to use the Special Development District criteria. We would prefer to use the Special Development District approach with an underlying zone district of Public Accommodation instead of Commercial Core II. As you know, the staff feels that PA zoning is more appropriate for this project. However, you may request to keep the Commercial Core II underlying zone district. We feel that it is easier to justify the height increase by the use of the Special Development District criteria as opposed to the variance approach. Please let. me know as soon as possible what you -decide on this issue. P „ s Aq far as the next steps that need to be taken with the project, I would suggest the following: 1. The staff would like to meet with you on site at the Enzian Lodge to verify that there are 16 spaces in the underground parking area. We also need to decide exactly how much the owner will pay per space. 2. The landscaping for the northern side of the property has been scheduled to be reviewed by the Design Review Board on July 19, 1989. I asked Ernie Pyle to address the landscaping on the south side of the project adjacent to Lionshead Circle and also on the west side facing the tennis courts. Please incorporate these two areas into the overall landscape plan for the project. Staff would also like to have CDOH comment on the landscape proposal on the northern berm. As you know, sometimes landscape plans, even though they are well designed, are not acceptable to CDOH. We would like this information before the Design Review Board meeting on July 19th. 3. Staff does have concerns about justifying the height variance. We believe that the SDD approach is a much more effective way to handle the project. Please let me know your decision on the review process by July 14, 1989 so.I can discuss this with the staff on Tuesday morning. 4. Before a building permit will be released for the conversion of the parking to lodge use, the staff will require that we come to an agreement on the number of spaces, the cost of the spaces, and the overall landscape plan for the proposal. We also would include a condition on the building permit that the landscape plan be completed before a T.C.O. is released. A letter of credit must be provided for the cost of the landscaping if the work is not completed before a T.C.O. is released. 5. Ernie is preparing a View Analysis and Sun/Shade Study for the height request. If you have any further questions about the staff review of your proposal, please feel free to call me at 479-2138. Sincerely, Kristan Pritz Senior Planner KP>lr cc: Peter Patten Ernie Pyle Sally Brainerd Ron Phillips Larry Eskwith a' r TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 24, 1989 SUBJECT: A request for a density variance and height variance for the Enzian Lodge at 705 West Lionshead Circle, Lot 1, Block 2, Vail Lionshead Third Filing. Applicant: Enzian Lodge, Alma Equities Corporation, A New York Corporation I. THE REQUEST A. Height Variance: The applicant is requesting height and density variances in order to remodel the Enzian Lodge. The variances are necessary in order to convert the sixth floor conference space (1,081 square feet) to three accommodation units having the following square footage: West unit 893 sq. ft. Center unit 1,011 sq. ft. East unit 936 sq. ft. A variance to Section 18.26.090 of the Commercial Core II Zone District is necessary. 18.26.090 states: For a flat roof or mansard roof, the height of building shall not exceed 45 feet. For a sloping roof, the height of building shall not exceed 48 feet. These restrictions pertain unless otherwise specified by the Vail Lionshead Urban Design Guide Plan and Urban Design Considerations. In order to allow for the additional square footage for the accommodation units, three dormers are added to the roof. The dormers shall not exceed the height of the existing building which is approximately 82 feet. Three dormers are located on the south facing portion of the roof. B. Density Variance: A variance is also requested, from Section 18.26.100 Density Control. This section states that: Total density shall not exceed 25 dwelling units per acre of buildable site area. f Under Commercial Core II zoning, the project is allowed to have 23 dwelling units or 46 accommodation units. The existing project has 52 accommodation units. This results in the existing building being over the allowable density by 3 dwelling units or 6 accommodation units. The remodel would have a net increase of 1 accommodation unit. Two accommodation units on the first floor (711 square feet), are converted into conference space. The sixth floor conference space is converted into three accommodation units which results in an increase of one accommodation unit. The one new accommodation unit is what causes the need for the density variance. (Please see the attached zoning summary at the end of the memo). II. CRITERIA AND FINDINGS The Community Development: Department recommends approval of the requested variances. A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. ]Height variance: The applicant has submitted a view analysis and sun/shade study. These analyses indicate that there are no significant impacts due to the addition of the three dormers. Density variance: The additional accommodation unit has no impact on potential or existing structures in the area. The remodel is located almost entirely within the existing building except for the dormers on the sixth. floor. B. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. Height variance: The staff believes that there is a hardship due to the height of the existing roof. It is appropriate to allow for the dormers as these architectural features do not exceed the existing height of the building. Density variance: The density increase is minimal and is specifically for one additional lodge room. Normally, the staff prefers to see applicants use the Special Development District process V as this review allows for more flexibility. However, the density increase is minimal and other properties have been allowed to increase the density on their projects if accommodation units are built. Similar density variances have been approved for the 5itzmark, Christiania and Tivoli. Given these previous approvals, staff believes that the variance request is not a grant of special privilege. C. Effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Heiqht variance: The sun/shade study indicates that are no significant impacts on light and air. Densitv variance: There are no impacts. D. Policies in Vail's Comprehensive Plan and Vail Land Use Plan: Point 3.1 The hotel bed base should be preserved and used more efficiently. Point 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. Point 4.2 Increase density in the core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and Vail Village Master Plan. Point 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. Point 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. In the Lionshead Plan, the Enzian site is listed as a resort accommodations and service area. It clearly states: These are the areas where hotel uses will be concentrated during the planning period, reflecting the community goals to concentrate hotels within the core areas. (Pg. 36) E. Lionshead Urban Desiqn Considerations: Please see section on Height and Massing and Roofs. III. STAFF RECOMMENDATION The staff recommends approval of the two variances. Both variances do not constitute a grant of special privilege, nor are they detrimental to the general welfare of the public. The height variance is warranted due to the physical hardship of trying to add an architectural feature such as a dormer to an existing roof that exceeds the 48 foot height requirement. There are also no negative impacts due to the variance and the Urban Design Considerations are followed. The density variance is warranted as other property owners have received increases in density for lodge rooms. The staff and Planning Commission have supported the addition of lodge rooms by approving variances for the Sitzmark, Christiania, and Tivoli Lodges. The Land Use Plan also calls for increases in density, particularly for lodge rooms, as long as the Urban design considerations are met. In addition, it is important to note that the increase in density does not significantly change the existing building except for the addition of the dormers. Due to the fact that the density increase is only for one accommodation unit and the project is significantly upgraded, the staff feels the density variance is acceptable. We support the density variance with the following condition: 1. An employee housing unit shall be provided within the building. The employee housing unit shall have a minimum square footage of 400 square feet. The owner shall be responsible for submitting an employee housing agreement to the Community Development Department before a building permit will be released for the portion of the remodel. The employee dwelling unit shall be restricted per section 18.13.080 B. 10 a - d. This written agreement shall be submitted to the Community Development Department and Town Attorney and approved by the staff before a building permit is issued for the project. 2. The three new accommodation units will have gas fireplaces per Town of Vail ordinances governing fireplaces. J Y r ZONING SUMMARY ENZIAN LODGE Planning and Environmental Commission July 24, 1989 Zone: Commercial Core II Lot area: .9267 acres or 40,367 sq. ft. Allowed Existinq Proposed GRFA: 32,294 19,476 21,605 +2,211 com.over 23,816 Common Area: 6,459 5,319 8,670 prop. -6,459 2,211 added to GRFA Density: 46 a.u. 52 a.u. 53 a.u. or or or 23 d.u 26 d.u. 26.5 d.u. Setbacks: Front 10 ft. same same Side 20 ft. Rear 20 ft. Height: 48 ft. 82 ft. 82 ft. ENZIAN LODGE PARKING EXISTING PROPOSED Use Spaces Use Spaces Main floor Restaurant 14 Restaurant 14 Bar 5 Bar 5 Second floor 13 a.u. 10.069 11 a.u. 8.558 Mtg. room 2.96 Third floor 13 a.u. 10.069 13 a.u. 10.069 Fourth floor 13 a.u. 10.069 13 a.u. 10.069 Fifth floor 13 a.u. 10.069 13 a.u. 10.069 Sixth floor Mtg. room 4.5 3 a.u. 3 63.776 63.725 or or 64 spaces 64 spaces * 64 spaces exist: 48 surface 16 garage (approx.) 1 Ujj #4UL25 N\ (Q NORTHWEST COLORADO COUNCIL OF GOVERNMENTS Post Office Box 739 " Frisco, Colorado 80443 ° Frisco 303 668-5445 Denver Direct 303 573-7611 July 21, 1989 Paul Ohri, Chairman Northwest Colorado Council of Governments C/O Grand County Courthouse 308 Byers Hot Sulphur Springs, Colorado 80451 Dear Paul: It is with regret that I must inform you of my resignation effective September 1, 1989. In the 14 years I have spent working in the public sector, I have never had the privilege of working with a more exciting group of elected officials. You should be extremely proud of the "QQ" Committee's accomplishments. Unfortunately, personal and professional considerations make it necessary for me to accept a new position. As we discussed, I am sure that Lane Wyatt and Karen Thorson will be able to provide on-going staff support to the QQ Committee in order to ensure that your successes continue. I will be affiliating with a law firm in Denver and would be very interested in a continuing professional relationship with NWCCOG if such an arrangement would meet your needs. I look forward to our discussions on August 11th, which, because of vacation, is my last day of work. With warm regards, Barbara Green General Counsel BG/kt Eagle County: Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail. Grand County: Fraser, Granby, Grand Lake, Hot Sulphur Springs, Kremmling, Winter Park, ° Jackson County: Walden, ° Pitkin County: Aspen, Snowmass Village. ° Routt County: Hayden, Oak Creek, Steamboat Springs, Yampa, ° Summit ,County: Blue River, Breckenridge, Dillon, Frisco, Montezuma. Silverthorne 1989-90 VAIL AND BEAVER L;t(r•r•rC WIN,tr K SCHEDULE, June 10, 1989 NOVE N=s K Wed. 22 Vail and Beaver creek mountains open Sun. 26-Dec. 3 Pepils Wedel Week Session I DECENT n - K Fri. 2-3 Women°s World Cup Giant Slalom and Super Giant Slalom - Vail Sun. 3-10 Pepils Wedel Week Session II Wed. 6-8 SKI Magazine Week - Vail Sun. 10-17 Pepi°s Wedel Week Session III Fri. 29 Mexican National Ski Team Trials JANUARY Sun. 6-13 Pepils Powder Week Session I Sun. 13-20 Pepils Powder Week Session II Sat. 12-14 Vail Rocks - Vail Thurs. 17-20 MAA moiselle on the mountain - Beaver creek .t tiKL ARY Fri. 23-25 Rocky Mountain Telemark Series - Beaver Creek Sat. 24 Kinder Cup - Vail MARCH Sat. 3 SHON TIME The Movie Channel - Vail Sat. 3-10 National Over-Jlbe-Hill-Gang Ski Week Wed. 7-11 American Ski Classic - Ford Celebrity Cup and Lends of Skiing - Beaver Creek Sat. 10-11 Ski Fest - Vail Mon. 12-17 12th Biennial National Deaf USDSA Ski Week - Vail APRIL Sun. 15 Vail and Beaver Creek Mountains Close (Easter Sunday) VAIL AND BEAVER CREEK RESORT L117T TICKET PRICES W]w'rr tt 1989-1990 REGULAR WINDOW RATES Adult Full Day $36 Child Full Day (12 years of age and under) $22 Adult Half Day (12 noon) $30 Child Half Day (12 noon) $17 MULTI-DAY RATES: (Fully interchangeable between Vail and Beaver Creek) Adult 2-Day $72 Adult 3-Day $108 Adult 4-Day $140 Adult 5-Day $175 Adult 6-Day $198 Adult 7+ Days $33/day Child 2-Day $44 Child 3-Day $66 Child 4-Day $88 Child 5-Day $110 Child 6-Day $132 Child 7 + Days $22/day 2- and 3-Day tickets must be used on consecutive days 4-Day tickets must be used within 5 consecutive days 5-day tickets must be used within 6 consecutive days 6-day tickets must be used within 7 consecutive days SENIOR ka-r1ZENS: 65-69 years of age $25/day 70 years or older r k r;r; All prices apply to both Vail and Beaver Creek VAIL MOUNTAIN WIN.L-P;K FACT bn=v WIN-i-r;K 1989-90 LOCATION: 100 miles West of Deriver on Inter_,Late I-70 White River National Forest Eagle County, Colorado VAIL STATISTICS: Population (permanent): 5,000 Bed Base: 25,000 Bars and Restaurants: 90 RESERVATIONS: Vail/Beaver Creek Reservations can arrange airfare, ground transportation, lodging lift tickets, ski school lessons and a variety of activities. For reservations, call 1-800-525-2257 toll-free f.LA« anywhere in the continental U.S. or (303) 949-5750. For Facsimile, (303) 949-6499 or Telex 910-920-3183. MOUNTAIN STATISTICS: Ski Season: November 22, 1989 to April 15, 1990 8:30 a.m. to 3:30 p.m. daily Elevation: Base: 8,200 feet 2,500 meters Mid Vail: 10,200 feet 3,110 meters summit: 11,450 feet 3,491 meters Vertical drop: 3,250 feet 975 meters Trails: Total trails: 120 named trails Total devel,.l trails: 3,787 acres Total permit area: 12,500 acres Longest run: 4.5 miles - "Flapjack" to "Riva Ridge" Expanse: 7 miles from C=,-?de lift on the West to the Mongolia Bowl surface lift to the East. Vail is the largest single ski mountain complex in North America. Trail Classifications: Front side: 32% beginner (1,203 acres) 36% intermediate 32% advanced Back side*: 36% intermediate (2,584 acres) 64% advanced *This includes back bowl skiing in Sun Down, Sun Up, Tea Cup, China, Siberia and Mongolia Bowls. VAIL FACT Sh=:.u 2-2-2 MOUNTAIN STATISTICS: (Continued) Lifts: 1 Vista Bahn Express - high-speed detachable enclosed quadruple chai.rlift 6 high-speed detachable quadruple chairlifts 2 fixed-grip quadruple chairlifts 1 gondola 2 triple chairlifts 6 double chairlifts 2 surface lifts Vail has more high-speed detachable quad chairlifts than any other ski area in the world. Total Uphill Capacity: 35,820 persons per hour Snowmaking: CI.Lvater-controlled snowmaking system covers 332 acres to assure good early-season base. Climate: Average annual snowfall: 337.5 inches Ski School: The Vail/Beaver Creek Ski School is the lamest ski school in the world with over 800 instructors and uses the American Teaching System and SyberVision. Ski School Locations: In Vail. at Golden Peak, Vail Village, Lionshead and Cascade: Village. On Vail Mountain at Eagle's Nest, Mid-Vail and Far East. SKIER INFORMATION: Snowatch: For a daily update on Vail and Beaver Creek snow conditions call: Vail: (303) 476-4888 or 476-4889 Denver: (303) 837-8250 Channel. 13 on cable television continuously updates skiers on weather conditions, recently Qyc.,ed trails, and upcoming events and is available in most lodge roams throughout the'Valley. Lift status signs are located at major decision points on the mountain, advising skiers of lifts in operation and approximate lift line waiting times. Complimentary "Meet the Mountain" tours are offered at 1 p.m. on Sunday, Monday and Tuesday. Tours start at Wildwood Shelter. 12 Vail Mountain Hosts are on the slopes to give information and assistance to guests. Grooming information is posted at Golden Peak Vail Village, Lionshead and most lift boards. Vail currently has 14 grooming snowcats. Ski Valet services offer overnight, secured ski storage at Golden Peak, Vail Village and Lionshead. VAIL FACT Sh=u- 3-3-3 ON-MOUNTAIN FOOD SERVICE: Full Service Restaurants: The Cookshack at Mid-Vail The Wine Stube at Eagle's Nest Cafeterias: Mid Vail (2) Eagle's Nest Golden Peak Trail's End at Lionshead Far East Shelter at the top of chair 14 Wildwood Shelter at the top of chair 3 Outdoor Barbecues (weather permitting) Mid-Vail Far East Shelter Wildwood Shelter Patrol Headquarters Wok and Roll Sled - base of the ORIENT EkrtetSS LIFT Numerous picnic decks - locations marked on mountain map TRAVEL BANK: This press kit is accessible via c,-,,,Vater through the Colorado Travel Bank. The modem phone number is (303) 671-7669 and the office phone number is (303) 320-8550. BEAVER t"r~ RFMRT WIN-zrx FACT. _-,ntx;z WIMLt:K 1989-90 LOCATION: 110 miles West of Denver on Interstate I-70 Ten miles West of Vail at Avon Exit (#167) on I-70 White River National Forest Eagle County, Colorado TRANSPORTATION: Beaver Creek Resort can be reached by car or van into Vail, or by Continental E>+,.Lcss a-amuater airline from Denver's Stapleton International Airport to the Avon STOLport, one mile fLU.« the entrance to Beaver Creek Resort. Locally, Eagle County E>LV.Lcss r,.Luvides free shuttle bus service to the village and lifts 'LLW1« the parking lots at the East and West entrances to the Resort. There is also a shuttle service between Vail and Beaver Creek daily during the winter season for $1 per ride. Dial -A-Ride also offers free shuttle service within the Resort. RFgmRVATIONS: Vail/Beaver Creek Reservations can arrange airfare, y-umd transportation, lodging, lift tickets, ski school lessons and a variety of other activities. For reservations, call 1-800-525-2257 toll-free from anywhere in the Continental U.S. or (303) 949-5750. For Facsimile (303) 949-4699 or Telex 910-920-3183. BEAVER ~ttrr;K STATISTICS: Population (permanent): 100 Bed Base: 4,300 25,000 within 10 miles Bars and restaurants 11 MOUNTAIN STATISTICS: Ski Season: November 22, 1989 to April 15, 1990 8:30 a.m. to 3:30 p.m. daily Elevation: Village: 8,100 feet 2,470 meters Spruce Saddle: 10,200 feet 3,110 meters Summit: 11,440 feet 3,488 meters Vertical drop: 3,340 feet 1,018 meters Trails: Total trails: 49 named trails Total developed trails: 800 acres Total acres at buildout: 1,100 acres Total permit area: 5,600 acres Longest run: 2.75 miles "Centennial Run" Trail Classification: 1989-90 Season Buildout 23% beginner 30% beginner 43% intermediate 40% intermediate 34% advanced 30% advanced I n BEAVER utt=d< MOUNTAIN FACT ShrLLl' 2-2-2 MOUNTAIN STATISTICS: (Continued) Lifts: 1 high-speed detachable quadruple chairlift 5 triple chairlifts 4 double chairlifts (15 lifts planned at buildout) Total Uphill Capacity: 16,450 ,,~=ons per hour Snowmaking: Snowmaking systems cover 243 acres to assure good early-season conditions. Climate: Average annual snowfall: 325 to 350 inches Ski School: The Vail/Beaver Creek Ski School is the lamest ski school in the world with over 800 instructors. The American Teaching System and Sybervision are used. Ski School Locations: Ski School is located in Village Hall at the base of Beaver Creek and at Spruce Saddle on Beaver Creek Mountain. CROSS COUNTRY SKIING: Location: Beaver Creek Touring center is located in Strawberry Park at the base of Chair 12 and offers 30 km of .,_amed double-set track which includes 12 scenic trails at the top of the mountain. Lessons and equipment rentals are available at the Touring Center. Cross Countrv Trail Classification: 20% Beginner 60% Intermediate 20% Expert SlurAtt SERVICE INru±gA ,TION: Snowatch: For a daily update on Vail and Beaver Creek. ski conditions, call: Vail: (303) 476-4888 or (303) 476-4889 Denver: (303) 837-8250 Channel 13 on cable television continuously updates skiers on weather conditions, recently -,r.,ed trails and upcoming special events and is available in most lodge roams throughout the Valley. Complimentary Meet the Mountain tours designed for intermediate and expert skiers are offered on Mondays and Wednesdays. Tours begin at 1 p.m. from Spruce Saddle restaurant. BEAVER u<rx.;tC MOUNTAIN FACT Shur,: 3-3-3 Beaver Creek has six mountain hosts to assist and give information to guests. Grooming reports are posted at the bottom of chair 6, bottom and top of chair 12, Spruce Saddle and the top of the mountain. Overnight ski storage in locked areas is available at the base of Beaver Creek. ON MOUNTAIN FOOD SERVICE: McCov's Bar and Restaurant: Cafeteria-style breakfast and lunch, ap.Lcs ski cocktails, hors d'oeuvres and entertairnment. Patio barbecue in the spring. Spruce Saddle Restaurant: Located mid-mountain and offers cafeteria-style dining, storage lockers and convenience facilities. Outdoor barbecue at Spruce Saddle in the spring. Rafters: At Spruce Saddle, table service restaurant provides leisurely lunches in a relaxing atmosphere with spectacular views of the Gore Range and Eagle Valley. Beano's Cabin: This custom built rustic log cabin is set in Larkspur Bawl in the midst of the White River National Forest. Sleigh rides to Beano's Cabin depart from the Inn at Beaver creek at 5:15 p.m. and 7:15 p.m. Red Tail Camp: Located at the base of Chairs 9 and 11, Red Tail Camp is a small warming but with an outdoor barbecue deck in the spring. Special picnic decks are located at the top of.Chair 12 and in the woods off "Gold Dust" - locations marked on the mountain map. SHOrr.u1G AND DINING: Over 20 restaurants and shops offer a wide variety of both shopping and dining at Beaver Creek Resort which is patterned after a European-style pedestrian village. TRAVEL BANK: This press kit is accessible via c~dnvater through the Colorado Travel Bank. The modem phone number is (303) 671-7669 and the office phone number is (303) 320-8550. FOR IMMEDIATE PFTFASE Spring 1989 _ Vail Associates, Inc. P. O. Box 7 - Vail, Colorado 81653 Vail (303) 476-5601 Beaver Creek (303) 949-5750 Fd FAX (303) 949-5750, ext. 3012 Media contacts: Pat Peeples 949-5750, ext. 3410 Betsy Farny 949-5750, ext. 3403 VAIL'S SEVEN'T'H HIGH-5rri u LINKS LIONSHEAD, MID-VAIL AREAS VAIL, Colo. As part of Vail's continuing cxmmmitment to providing the finest skiing experience in the world, this smmier Vail Associates will install a seventh high-speed quad chairlift as an "intraconnect" between Lionshead and V mid-Vail.- The newest high-speed quad will create quicker, easier access to a series of runs in the Avanti/Pickej_w,,,, area that were once the most popular long intermediate runs on Vail Mountain. The new Avanti Express lift is part of a.$7 million mountain Lvi-avenveants plan being implemented at Vail this summer. The new high-speed quad will replace the Avanti Lift and Upper Mid-Vail Lift (both fixed--grip double chairs) in the Avanti/Pickeroon area, and take skiers to the top of Eagle's Nest Ridge where they can quickly access Game Creek Bowl, the Mid-Vail area and the rest of the Avante/Pickeroon area. It also "BLS up a second high-speed route out of the Valley when skiers use the Born Free Express from LionsHead to the Avante Express. "We believe the new lift will reintL._dace skiers to some of the best terrain on the mountain, which hasn't been skied as much in recent years with the addition of high-speed quads in other, areas," said Larry Lichliter, executive vice p,,-sident of mountain operations for Vail Associates. "It will also encourage skiers to take alternative lifts to the Vista Bahn and Gondola to access the upper mountain." "The Avanti Exk,ic-.Ss really adds a lot to our already vast network of state of the art high-speed lifts," said Mike Shannon, president of Vail Associates. "Now skiers will literally be able to ski the entire mountain and F ride only high-speeds if they choose to." Vail now has more than twice as many high-speed quads as any other ski Q resort in North America. -more- 1989 WORLD ALPINE SKI CHAMPIONSHIPS \AIL/BEAVER CREEK s. 2-2-2 Skiers will now be able to take either Chair 1 fj-,4« Vail Village or the Born Free Express LL"« the base in. Lionshead to the Avanti E>,,,,~,.-ss and reach the top of Vail's f.Lv..t side with li,Lj,~.cedented ease. The Avanti Express lift will drop skiers at the top of The Meadows on Eagle's Nest Ridge, giving them fast and easy ac---s to: Game Creek Bowl via the Deuces Wild, Faro and Ouzo runs, and the Mid Vail area, as well as the rest of the Avanti/Pick,",-,on area. In addition to the new express lift, trail work to ilLV~~,re beginner access and overall skier circulation will be made in the area of the new Avanti lift, and snowmaking will be added to the steep faces of the Avanti and Pickeroon runs. The "Minturn Mile" run from Patrol Headquarters to Eagle's Nest Ridge will be graded so that skiers will no longer need to take Chair 3 to reach Lionshead from the top of Vail Mountain. - Due to China Bowl's hugely sucrp-zsful inaugural season last year, Vail Associates will increase the uphill capacity on the orient Ex,,.,.LCSS Lift f~%-),« 2,400 to 2,800 skiers per hour. Additional grading will i_v-,,se skier access ii.Qiu the top of the Orient Express Lift to the Chair 14 cutoff. For more information on Vail and Beaver Creek Mountain improvements, contact Vail Associates public relations at (303) 949-5750. -30- FOR UIME DIATE RELEASE Spring 1989 e Vail Associates, Inc. PO. Box 7-Vail, Colorado 81638 Vail (303) 476-3601 Beaver Creek (303) 949-3730 FAX 1303) 949-3730, est. 3012 Media w. iLacts s a Pat Peeples 949-5750 ext< 3410 Betsy Farny 949-5750 ext. 3403 SAir -,S BOWLED OVER BY NEW A VF-1MTpE SKIN?G AT VAIL VAIL, Colo. Vail nearly doubled its skiable terrain this season when it ujj=,ed lift access to four expansive new powder bowls on the back side of the mountain. Skiers will now find 1,881 acres of adv=,Lare skiing in China, Tea Cup, Siberia and Mongolia Bowls. In the early 1960s, Vail distinguished itself from other ski resorts with unparalleled bowl skiing in Sun Up and Sun Down Bowls, the two original back bowls. Before Vail Mountain even d&,-&,ed for skiing, potential investors were taken into the bowls by snowcat for powder skiing. Reports say scene pulled their checkbooks out on the spot. The latest bowl expansion is no less pyNalar. Hundreds of thousands of people rode the new orient Exr.LGss Lift and Mongolia Surface Lift and sampled ' the new bowl skiing last season. Vail's new bowls collectively exceed the size of any other Colorado ski area. "Part of the reason the China Bowl expansion area is so popular is that a good portion of the terrain appeals to intermediates and we've yi w,ued those runs to give skiers the option of whether or not to ski natural snow conditions," said Mike Larson, mountain planner for Vail Associates, Inc. "We were fortunate to already have the best bowl skiing in North America," said George Gillett, owner of Vail Associates. "To be able to double that by adding only two lifts was an .,,pj,v~Lanity we couldn't afford to pass up." For the uninitiated, bowl skiing generally affords skiers limitless options for routes to ski, with long treeless runs as one excu,vle, and glades (well spaced trees) as another. Natural snow conditions generally distinguish the bowls; however, selected intermediate runs are groomed ~Gyalarly. -30- 1989 WORLD ALPINE 0 SKI CHAMPIONSHIPS ~M VAIUBEAVER CREEK FOR IMMEDIATE RELEASE: Spring 1989 Vail Associates, Inc. P O Box 7 - Vail, Colorado 81658 Vail(303)476-5601 Beaver Creek(303)949-5750 Media Contacts: FAX (303) 949-5750, ext. 3012 John Dakin (303) 476-9500 VATT TO HOST 'TWO WOMEN'S ~Vut<LD CUP RACES IN DECEMbtK 1989 VAIL, Colo. Vail has been awarded both a women's World Cup giant slalom and supr"- giant slalom for December 2-3, 1989. Vail will host the international races on Ledges/Columbine/International runs on Vail Mountain. The same runs have been used for World Cup racing since 1983 as well as for the 1989 World Alpine Ski Championships. "We are delighted to know the racing tradition will continue in the Vail Valley," said Bob Knous, president of the Vail Valley Foundation, which has v~yanized all picJious World Cup events as well as the World Championships. "And it is a tribute to those in the valley who prepare these events that Vail again has been chosen." The Vail races are part of a nine-race series in the United States that will vVr_.,, the 1989-90 World Cup circuit for both men and women. After opening in Park City, Utah, with men's and women's slalom and giant slalom races, the women will came to Vail while the men will travel to Waterville, N.H. Following the Vail events, the women will continue to Steamboat Springs, Colo. for a downhill and a slalom. The U.S. sites were chosen by the U.S. Ski Association, which submitted its selections for final app.Luval to the International Ski Federation (FIS) CG„y.=;ss in June in Yugoslavia. Vail was chosen in part because of its ability and commitment to extensive snowmaking to ensure the races will come off as scheduled. Snowmaking is available top-to-bottom on the women's courses. Social activities highlighting the racing will be Vail's annual fundraising = event, the Crystal Ball, and Pepi's Wedel Weeks, hosted by former Austrian racer, Pepi Gramshammer. For more information, contact the Vail Valley Foundation (303) 476-9500. -30- 19+9 \ti'ORLD ALPINE SKICHAMPIONSHIPS N VAIL/BEAVER CREEK " FOR IMMEDIATE RELEASE: tir Spring 1989 r.„ Vail Associates, Inc. P0. Box 7- Vail, Colorado 51653 Vail(303)476-5601 Media Contacts ° Beaver Creek (303) 949-5750 ° FAX(303)949-5750, ext. 3012 Pat Peeples (303) 949-5750, ext. 3410 Betsy Farny (303) 949-5750, ext. 3403 k C 11Aui-,u1 ° S SKIING L ui- rra<. MOUNTAIN ADVENTURE TRAILS INCREASE EXu-L- r ICI' FOR KIDS AT VAIL. BEAVER L;tttxA,, VAIL, Colo° Last season, Vail completed the new Golden Peak Children's Skiing Center and doubled the Children's Mountain adventure trails, underscoring Vail's commitment to families and children. The Golden Peak Children Center, a 12,000 square foot base facility for children's ski school, rentals and nursery, opened last Christmas. The Center was designed specifically with children and child-care in mind. Children use a system instead of culnberscme stairs to get to their specific Nivyicuu areas and the ski slopes. The facility comfortably handles 15 infants and 55 toddlers and preschoolers in the nursery, as well as 200 3-6 year olds and 250 6-12 year olds in the ski school &.Lw9.La,t, on any given day. In addition, there is also a children's ski L,~,.l.al shop, a special Ni%.+yicut= L.%a~ut for various children's v y.LQaps, storage for handicapped skier equipment and a small kitchen for the daily preparation of lunches and snacks for the toddlers and 3-6 age groups. The Children's Mountain adv=,Lares first opened two seasons ago and have received a tremendous reception ~.LVJ,« kids of all ages. New attractions last season included Pete's Pit, where mining character Sourdough Pete searched for gold, and a Magical Forest, where the Indian Twins talked to the animals. These mountain attractions were woven into early western adventure stories written by the Denver Children's Museum and local children's book writer and illustrator John Alderson. Ski instructors and their classes join costumed western characters in retracing the story,.~k character's steps at Vail as they try to solve the riddle of the Dragon's Tale in their quest for "the greatest treasure of them all," skiing. The second half of the story takes place at Beaver Creek where ski school classes follow along with Buckaroo Bob and Red Buffalo as they hunt down the roughest, meanest outlaws in the Colorado West. - more-- 1989 WORLD ALP I N E ® SKI CHAb4PIONSHIPS 00 VAIL%BEAVERCREEK ~1111..fL~i~ 2-2-2 Illustrations of the exploits of stonL,.,k characters Sourdough Pete and Jackrabbit Joe, central characters of the Children's Mountain ski-through adventures, are exhibited in the Golden Peak Children's Skiing Center. The fun continues into the evening for children at Vail and Beaver Creek at the successful Kid's Night out dinner theater N.L,.,y.La,«, which gives Mom and Dad an evening off. The entire family can participate in the Family Night Out N~~y.La.«. Each yu.vyLCUU includes a performance by the Beaver Creek Children's Theater and a chance for pictures with Sport Goofy. For more information on the children's p.Lwy.Lams at Vail and Beaver Creek, contact the Vail Associates, Public Relations at (303) 949-5750. -30- ?'FOR. DvMEDTATE RELEASE Spring 1989 Vail Associates. Inc. "r P O. Box 7 -Vail. Colorado 81658 Vail (303) 476-5601 Beaver Creek (303) 949-5750 a- FAX 13031949-5750. ext. 3012 F VI Media Contacts Pat Peeples (303) 949-5750, ext. 3410 Betsy Farny (303) 949-5750, ext. 3403 u, 6, rhr-L Or r r vS POWup-K WEEKS IN ADDITION TO TRADITIONAL Wt ut- WEEKS VAIL, Colo. Former Austrian ski racer, Pepi Gramshammer will offer a new concept in ski weeks this year - Powder Weeks - in addition to his traditional Wedel Weeks. At the request of many Wedel Week paxtcipanis Pepi decided to start i a powder skiing program. Powder Weeks offer a similar experience as the Wedel Weeks do of intensive skiing with committed skiers. With Vail's sun up, sun Down, Tea Cup, China, Siberia and Mongolia Bowls, there is no ski area in the United States with such great powder skiing. Instruction will be )?iuJided by the Vail/Beaver Creek Ski School. In addition to the "Bowls", optional powder excursions by snowcat or helicopter will be available. Pepi will continue to offer three sessions of Wedel Weeks this December in conjunction with the Vail/Beaver Creek Ski School. Wedel Weeks are one of the most -."u&.Lchensive and elegantly presented early season ski warm-up rivyicuuS in the country. New this year will be the option of lodging in the new Hyatt Regency Beaver Creek. Gramshammer adopted the Wedel Week concept iiwu his native country, Austria. Austrian ski resorts develyj-~ "Wedel Wochen" as a means to get skiers off to a good healthy start each season. The term "Wedel" refers to a type of short, stylized ski turn made famous by Gramshammer's countrymen. During the week, participants work on carved turns, Wedel turns, mogul skiing and slalom and giant slalom training as well as any specific problems each skier has. If the weather r,ct,«its, skiers take time off to enjoy powder skiing. Six days of skiing, Nc.L..onal ski instruction and video taping with review sessions help each skier to i,iv.L",re his technical skiing ability so that he can enjoy the rest of the ski season. -more-- 1989 \\'ORLD ALPINE SKI CHAMPIONSHIPS ®N %AIL/6E--\VERCREEK ~l Wr,ur,L, AND POWur,( W= 2-2-2 "Wedel Weeks and Powder Weeks are comparable to a tennis camp CULL/ 11 explained Gramshan ner. "There is a strong instructional element in a social envi~,..,,„«ent with other activities and serious skiers. We have a lot of fun. " There are three Wedel Week sessions which run Z.L"u November 26 to December 3, December 3-10 and 10-17. The cost is $1,040 person double occupancy or $1,265 per person for singles. The price includes lodging at either the Lodge at Vail, The Sonnenalp Hotel or the Gasthof Gramshanmer in Vail or the new Hyatt Regency at Beaver Creek. A welcome reception and buffet, continental breakfasts, ski instruction, and lift tickets are all included. The N~k-Aj.LCU« also features special ski tips and film presentations, a Raclette Party, a giant slalom race, Bogner fashion show and farewell dinner. There are two Powder Week. sessions LL,-nu January 6-13 and 13-20. The cost is $1,166 per person double occupancy or $1,400 per person for singles. The price includes lodging at either the Lodge at Vail, The Sonnenalp Hotel or the Gasthof Gramshazmner in Vail or, the new Hyatt Regency Beaver Creek. Also included are a welcome reception and buffet, daily continental breakfasts, Raclette Party and Bogner fashion show, farewell dinner, ski instruction, video-taping, and lift tickets for-, the week. Sponsors for this year's weeks include: Blizzard, Bogner, Bolle, Citicorp Diner's Club, Maser, Nortli.ca, Snow Country Magazine, United Airlines and Vail Ale. For more information, call Pepi's Travel Desk at 1-800-445-8245 (outside Colorado), 1-800-433-8735; (inside Colorado) or (303) 476-5626 for general information. -30- FOR IMMEDIATE RELEASE: - Spring 1989- Vail Associates, Inc. P .O. Box 7-Vail. Colorado 31658 Vail(303)476-5601 Bearer Creek(303)949-5750 FAX (303) 949-5750, est. 3012 Media Contacts: Pat Peeples (303) 949-5750, ext. 3410 . Betsy Farny (303) 949-5750, ext. 3403 VAIL AND BEAVER catL~ ABOUND WITH WIN'.LtK Aul'1V1'1'1r:S VAIL, Colo. The winter enthusiast will find a multitude of winter ' ..~.Lts and leisure activities to choose from at Vail and Beaver Creek Resorts. In addition to the great alpine skiing offered at Vail and Beaver Creek, the following are a sample of the activities available for guests. For the past two seasons, a favorite nighttime activity was taking a moonlight sleigh ride to Beano's Cabin on Beaver Creek Mountain for dinner. Guests choose one of two seatings, one at 5:15 p.m. and one at 7:15 p.m. They meet at the Inn at Beaver Creek where they are served hot chocolate and peppermint schnapps before wing one of two 42-passenger sleighs which take them to Beano's Cabin. once at the cabin, located in the White River National Forest, guests enjoy western cuisine prepared by a Culinary Institute trained chef. Plenty of live entertainment is offered before guests Lc-Larn home on A sleigh. Reservations for Beano's Cabin sleigh rides may be made through the Beaver Creek Activities Desk at (303) 949-5750, ext. 4636. The sound of sleigh bells on the horses and the crisp mountain air make for a memorable experience on Steve Jones' Sleiah Rides on the Vail Golf Course. Rides are offered at 4:30, 5:30, 6:30, 7:30 and 8:30 p.m. nightly. Dinner is optional at Satch's Restaurant and special sleigh ride/dinner packages are available. For more information, call 476-8057. gw- During the ski season and summer, more than 10,000 visitors a year 3r skate at the John A. Dobson Ice Arena in Lionshead. Public skating sessions, ,`sry private lessons, action-packed hockey tournaments, figure skating sessions, concerts, private parties and special events are some of the many activities offered. The arena is located between Vail Village and Lionshead and is served --more-- N89 WORLD ALPINE ® SKI CHtWPIONSHIPS ~01 %AIL%BE-\VERCREEK Al:l'1v1'1' i r G 2-2-2 by the free town shuttle.. Skate rentals are available. For children, the ice arena offers y~~up, private and figure skating (patch and freestyle) lessons. For more information, call (303) 479-2270. Visiting teens and local youths can mix at their own eating facility in Lionshead. The newly remodeled Teen Cafe and HanctOut rey.~..,ed in the spring of 1987 for youths from 6 to 19 years of age. The Hang-Out offers pool tables, foosball, rocket hockey, video games and music, while The Cafe dishes up sodas, snacks and light meals. The hours are Sunday through Thursday 3 p.m. to 10 p.m. and Friday and Saturday ~.LQ.L,t 3 p.m. to midnight. For more information, call (303) 479-2292. Snowmobile and snowcat tours are activities for those who can never get enough of the outd,,~., in the Rockies. Special wildlife tours and scenic hot air balloon rides are also available. Reservations can be made through the Beaver Creek Activities Desk at (303) 949-5750, ext. 4636. The Beaver Creek Activities Desk can also arrange for back country snowcat skiing with Resolution Tours and for helicopter skiinq with Colorado Heli-Ski. For the ultimate snowcat experience, the plush China Bowl Cat may be rented for weddings, moonlight tours, picnic lunches or the excursion of your choice. For more information, contact the Beaver Creek Activities Desk. Daily cross country ski lessons are offered by certified instructors at the Vail Nordic Center at the Vail Golf Course. Cross country lessons are also available through the Vail/Beaver Creek Ski School at Golden Peak or at the touring center in Beaver Creek:, located in Strawberry Park at the base of Chair 12. Snowshoe lessons are also available through the Vail/Beaver Creek Ski School at Beaver Creek. Paragon Guides offers four to six-day trips along the scenic 10th Mountain Division Trial hut-to-hut touring route. The huts are comfortable and sleep up to 15. Call (303) 949-4272 for more information. The Colorado Ski Museum, founded in 1976, showcases the history of Colorado skiing and pays tribute to those individuals who have shaped the skiing industry in the "Colorado Ski Hall of Fame." The museum is located along the route of the free town shuttle bus between Vail Village and Lionshead and is Qyr-,, Tuesday through Sunday from 12-5 p.m. Admission is $1 for adults, $.50 for children 12-18 years of age and free for children younger than 12 years. The museum is available for private parties. For more information, call (303) 476-1876. -more- At-uaV1xitS 3-3-3 Many of the sculptures found in the Valley are made at the Battle Mountain Bronze Foundry in Minturn. Opened in 1987, the Foundry uses the lost wax process to cast jewelry pieces as well as lame sculptures. Special tours showcasing their casting techniques are off,-..1 on Tuesdays, 'T'hursdays and Saturdays at 10 a.m. and 3 p.m. The cost is $4.50 per person and reservations may be made through the Beaver Creek Activities Desk at (303) 949-5750, ext. 4636. Vail's three full-service athletic facilities offer swimming, tennis, racquetball, squash, aerobic and weight classes and spa facilities. Eu.,, _an spa facilities are also available. For more information, call the Cascade Club (303) 476-7400, The Vail Athletic Club, (303) 476-0700 or the Vail Racquet Club (303) 476-3267. The dining and evening entertainment Qpi-,rtunities are also unsurpassed. It is hard to resist Vail's epicurean delights when more than 90 restaurants fill the streets of Vail serving French, Nouvelle, Tyrolean, American, Chinese, Mexican, rh,.L.an and Creole specialties. Of course, there are also quick and inexpensive restaurants to choose Z.L%J1« as well. A variety of night life activities ranging live music, dancing, discos, movies or cozy fireside lounges are some of the options to end a perfect day. For information on winter activities offered in the Vail Valley, call the Beaver Creek Activities Desk at (303) 949-5750, ext. 4636. -30- FOR IM=IATE RELEASE Spring 1989 6 _ Beaver Creek Resort Post Office Box 915 Media contacts ° Beaver Creek, Colorado 81620 Phone: (303) 949-5750 - Pat Peeples 949-5750, ext. 3410 Betsy Farny 949-5750, ext. 3403 Owned and Operated by Vail Associates, Inc. ENHANCED OUA= OF SKIING 5.1xr:13SF;T) TN S4M T AT BEAVER l -Ktxr BEAVER Colo. Skiers of all ages will notice the $4 million in i1LL.PL"Vem,ents being I-IALVleted here in time for the earning ski season, all part of Vail Associates' plan for making Beaver Creek the most elegant choice for a family winter vacation. A new beginner area will be created with the opening of a double chai.rlift in the east Haymeadow area. The new lift, East Haymeadow Lift, will carry skiers from a base terminal near The Meadows and Highlands Lodge to a location near the top of the existing Haymeadow Lift. This will open up easier access to terrain which will be used by the ski school to instruct beginners. An LvLuvement even more noticeable to the majority of skiers will be the vastly ui_-_3L«ded snowmaking system. Coverage will be increased 1LQ.LtL 190 acres to 243 a~j_W, and even more importantly, the output of the snowmaking system will be doubled, insuring quicker and more abundant coverage. "We will be significantly i.1LLJJLuving the quality of the skiing here e~t_~-_cially in November and early December," said Jerry Jones, president of Beaver Creek. With the addition of snowmaking coverage on Gold Dust, Moonshine, and the latigo runs and to the area around Spruce Saddle, skiers will now have three off-mountain routes cov,::.L,_-1 by snowmaking. Families will find that getting the children out on the slopes will be a lot easier this season with the newly-expanded Beaver Creek Children's Skiing Center w-vlete with a rental shop. For more information on Vail or Beaver Creek mountain i,LVLovements call Vail Associates public relations at (303) 949-5750. -30- ® 1989 WORLDALPINE SKI CHAMPIONSHIPS UA1L/BEAVER CREEK t FOR IMMP~lilATE RELEASE Spring 1989 (40- Beaver Creek Resort Post Office Box 915 Beaver Creek Colorado 51620 Phone: (303) 949-5750 Media contacts: Owned and Operated by Vail Associates, Inc. Pat Peeples (303) 949-5750, ext. 3410 Betsy Farny (303) 949-5750, ext. 3403 NEW 965M HYATI' TO RFCnME AWFOR OF BEAVER ~:rtr r:lt VILLAGE BEAVER ut~, Colo. When the new 300 4.~I"« Hyatt resort hotel opens this December, it will bring a level of round the clock service and amenities never before seen at the resort. The plush European mountain lodge will include 10 condominiums, an extensive health and " p«U gyring1° spa, and concierge services, in keeping with the tt°s ongoing commitment to the development and operation of fantasy resort destinations around the world. "Hyatt Regency Beaver Creek will be our first ski-in/ski-out resort a= N.LyNerty, offering skiers as well as non-skiers services and activities that they've never experienced before," said Hyatt president Darryl Hartley-Leonard. Those services will include the guest handing his skis to a "ski-concierge1° at the entrance to the hotel, who will have the skis waxed, edges tuned and boots warmed and ready for the next morning. Located in the heart of Beaver Creek Village, the Hyatt is the only truly ski-in/ski-out full-service hotel. The Hyatt also includes a retail complex at mall level and a conference facility with more than 23,000 square feet of meeting space, including a 10,200-square-foot ball!. ,A,, with dU,~~ that open onto the slopes. Guests will dine at the hotel's 150-seat full-service restaurant, offering a spectacular mountain view. Also featured will be an 80-seat lobby bar and a 125-seat entertairmlent lounge that will open onto a patio with outdoor barbecue and fire pits. -more- 1989 WORLD ALPINE SKI CHAMPIONSHIPS ® VAIL/BEAVER CREEK HYATI' 2-2-2 The hotel's indoor/outdoor heated swimiing pool will be slopeside, with a view of Beaver Creek Mountain. It will have a heated deck and five outdoor spas. Inside, one of the main highlights of the hotel will be its 4,800-square-foot health spa specializing in massage, facial and other beauty treatments and featuring exercise equipment, a steam room and an aerobics room as well. Hyatt cLu.L.,tly operates -two hotels in Colorado; Hyatt Regency Tech Center in southwest Denver and Hyatt Regency Denver, located downtown. East West Partners of Vail, Colorado are the owners and developers of the new Hyatt hotel. The general contractor is G.E. Johnson of Colorado Springs; the architect is Hornbe~,.j,:.. Worstell & Associates of San Francisco. The hotel will be operated by Hyatt Hotels C~_,,&"~ation, Chicago. -30- r . FOR III =TATE MEASE: ' Spring 1989 • k Beaver Creek Resort F` Contacts. Post Office Box 915 Media Beaver Peeples (303) 949-5750, ext. 3410 Creek. Colorado X1620 Betsy Farny (303) 949-5750, ext. 3403 Phone: (303) 949 5750 Owned and Operated by Vail Associates. Inc. TRArrrstc' S CABIN ALUJRFS GUESTS WITH TRANCUI= AND SERVICE BEAVER citb.K, Colo° The tranquility and jmpeccable service at Beaver Creek Resort's Trarlr's Cabin have made this mountaintop retreat a dream vacation vail Associates, Inc. built the log cabin the fall of 1987 on a ridge between Beaver Creek Resort and ALL`,~head, j,-.-,,aiding guests a picturesque view r of both mountains, the McCoy Park crass country track system and the spectacular Gore Range. Its location offers some of the best cross country and i downhill skiing anywhere. The emphasis is on service and relaxation fL%A,, the moment the guests arrive at the rustic, yet civilized, cabin. Baggage is delivered by snowmobile and placed in the apNLypriate roam before guests arrive. A gracious ~b cabinkeeper will serve as host, bartender and clean-up specialist during their stay. A culinary-trained chef pLCpares the gourmet meals and appetizers. Guests will aNNLeciate the absence of a telephone, television or radio at Trapper's. More sublime forms of entertainment like a player piano, a crackling fire, a good novel from the library, games and of course, conversation are offered. More active guests may want to take a snowshoe walk or a moonlit ski tour. A typical one night stay might go like this: guests book reservations through Beaver Creek Resort and are instructed to check their baggage with the bellman at the Inn at Beaver Creek near the base of Chair 12° Guests are free then for the rest of the day, and are instructed to meet their cabinkeeper at The Inn at Beaver Creek at 3 p.m. He then escorts them to Trapper's and welcomes them with champagne and a cabin tour. After settling in, guests may choose to dip into the outdoor "hot therapy tub," and be treated to cocktails and an array of delicacies like smoked rattlesnake and trout, and buffalo salami, along with more traditional appetizers. --more-- 3 1989 WORLD ALPINE ® SKICHAiPIONSHIPS VAIL/BEAVER CREEK TRArrrtt' S CABIN 2-2-2 Meanwhile, the Trapper's chef is skillfully preparing dinner entrees which guests have pre-selected. Dinner is served family-style around a large table, and.fine wine and coffee are served. Following dinner, guests may want to slip into the terry robes that are p~,_,vided, and bask in the glow of the fire in the living Again, they are free to enjoy the tranquility of the cabin as the caretaker cleans up after the meal and prepares midnight snacks like sandwiches and cookies. Before he leaves, the cabinkeeper finds out when the guests would like breakfast in the morning. Breakfast will include, along with many delectable dishes, freshly squeezed orange juice, premium coffee and Bloody Marys. The cabinkeeper will N.LQVide guests with cookies to munch on as they ski or as they relax through the morning. Lunch reservations will be held for the guests that day in the Trapper's Room at Beano's Cabin, and for those guests who instead decide to embark on a cross country tour, a gourmet lunch will be r.Luvided. Either is included in the price of the stay. That afternoon, guests are free to ski, snowshoe, relax or sightsee, and may pick up their luggage at -the Inn at Beaver Creek at the end of their stay. If guests are staying a second or more nights, the same schedule is repeated. Trapper's Cabin can accommodate up to ten people and has one bedroom with twin beds, one bed,_.w„, with a queen size bed, one bedroom with two double beds, a den, and four bathrooms. The cost is $1400 per night with a four person minimum. Each additional person is $350. For reservations or information, call Beaver Creek Resort at (303) 949-5750, ext. 6206. -30- FOR IMMEDIATE RELEASE: Spring 1989 - . D'o- = Media Contacts: Beaver Creek Resort Pat Peeples (303) 949-5750, ext. 3410 Post Office Box 915 Betsy Farny (303) 949-5750, ext. 3414 Beaver Creek, Colorado 81620 Phone: (303) 949-5750 s Tf1KN;N; CoMpI,= TTFT/L(JIX=TNG PACE,GES MAKE BOOKING VAIL/BEAVER Owned and Operated by Vail ,Associates, Inc. u-? r EASY HEAVERColo. Three distinct lift and lodging packages available through Vail/Beaver Creek Reservations offer a complete and convenient ski vacation. Value Season runs f,_"« yj_-ang day at Vail and Beaver Creek, November 22, through December 21, and then again January 2 through February 2, 1990 and March 31 through April 15, 1990, and offers the lowest possible winter rates. During the value season, a package including 3-nights lodging/3-days lift tickets starts at $192 per person in Vail (based on double occupancy, taxes not included), $223 in Avon, and $275 in Beaver Creek. A 5-nights/4-days skiing package starts at $281 per person in Vail, $334 in Avon and $419 in Beaver Creek during Value Season. A 7-nights/6-days skiing package during Value Season in Vail starts at $396, in Avon at $468, and in Beaver Creek at $588 per person. The three packages are also available at normal rates during Regular Season, which runs February 3 through March 30, 1990, and during Holiday Season December 22, 1989 through January 1, 1990. One call to Vail/Beaver Creek Reservations' toll free number sets up an entire vacation, including air and y~"anl transportation, lift tickets, lodging and a wealth of activities off the slopes. Travel agents have their own toll-free number to reach reservation, 1-800-237-0643. General consumers may call 1-800-525-2257 to talk to a reservationist. Groups of 25 or more may call group reservationsits about special lift ticket rates and y,_~ap activities at 1-800-525-2257. For more information on packages and booking a trip to Vail or Beaver Creek, call 1-800-525-2257, and for more information on activities or events, call the Beaver Creek Activities Desk at (303) 949-5750, ext. 4636. -30- 1989WORLDALPINE SKI CHAMPIONSHIPS VAIL/BEAVER CREEK r, FOR IT=IATE PrTVASE Spring 1989 Beaver Creek Resort Post Office Box 915 Beaver Creek, Colorado 81620 Phone:(303)949-5750 Media Contacts : Owned and Operated by Vail Associates. Inc. Pat Peeples 949-5750, ext. 3410 Betsy Farny 949-5750, ext. 3403 r RECORD SALES. CONSTRUCT_CON SIGNATIq ECONOMIr Pn M IN BEAVER C= BEAVER t_ar , Colo. P-1 estate sales here reached a record-breaking $98.5 million last ski season, and the sales activity promises to continue as a o„ record $222 million worth of constriction N.Lw~ects were underway in the spring. r A full 98.8 percent of the resort's residential units ready for } occupancy w=j-c sold by the April closing of the ski season, and offers had been - made on the last two rlQe=.LLies. Pre-construction sales for the resort are at 68 percent. Within one week of the N.Ljject's announcement, an Lv.Lcssive 11 of 36 condominiums had sold pre-construction at the $21 million Highlands Slopeside, the latest N.LLject by successful Beaver Creek develj&=,L East West Partners. "What's happening here is that people are seeing the momentum building in Beaver Creek and want to jump on Y,---d," said Bob Buckley, vice president of Vail Associates Real Estate. Construction start-ups were at an all-time high this spring, each &.Luject meeting or exceeding the strict architectural and zoning guidelines set by Beaver Creek Resort. Several p.Lv3ects continued construction straight through the winter months, including the new 300-.~,_,"« $65 million Beaver Creek Hyatt Regency, the $12 million 30-.Lu"« Highlands Lodge, the $5 million Ironwood townhame project, and the $13 million 30-unit Strawberry Park condominium P.Lvject, where only three units remain unsold. The Hyatt Hotel is set to open this fall in time for the coming ski season. Ground was broken this spring on eight new lodge, conference center, condominium and townhome projects at Beaver Creek, and construction will be completed on the new Hyatt, I.L",,jood Townhomes and Highlands Lodge, more than doubling the bed base of Beaver Creek to 4,300 beds. more- 1989'WORLD ALPINE SKI CHAMPIONSHIPS O'a VAIL/BF-WERCREEK 3 CONSTRUCTION 2-2-2 "We're thrilled that our stormier and winter guests will now have a full compliment of a,_,~,ucdations from which to choose," said Jerry Jones, president of Beaver Creek Resort. The newest project under spring construction is the $26 million Beaver Creek Lodge and International Conference Center, which will adjoin Beaver Creek below the covered bridge in Beaver Creek village. The center is being devel",_~d by Warner DevelopTents Inc. and will offer 2,600 square feet of meeting space as well as a 70-room all-suite lodge featuring luxurious guest accommodations. East West Partners' incredible momentum is continuing beyond the successful Meadows and Highlands ~,,L~,jec-ts to Greystone, the developers' first resort residential 1,L,,ject. Last winter, 14 of the 15 luxurious homes planned for a site nestled above the Meadows up against the slopes of Beaver Creek, had sold pre-construction. Vista Resorts broke ,1Luxx1 this spring on The Chateau, a lavish $20 million lodge with 23 well-ari.,inted units. The site is located due north of The Pines project and will include 12 private residences priced individually at appL~lLi.mately $1.5 million. Construction continues on the second phase of The Pines townhome j,L"ject, with seven of nine units sold pre-construction. All 12 units in the first phase are sold. The European-style $15 million Pines Lodge also broke ,jLvand this spring. construction is now ccmpleted on five new private resider-As in The Enclave NL"ject, located along the golf course in Beaver Creek. Many more are underway and will be completed before the ski season begins. The total Enclave project is valued at $9 million. "One of the reasons for the sales phenomenon at Beaver Creek is that our buyers perceive the great value they're getting," said Buckley. "Prices are generally less per square foot than in Vail, and the NL,_JNerties are newer." For specific information concerning Beaver Creek real estate, contact Vail Associates Real Estate, the only full-service office in the resort, at (303) 949-6400. -30- FOR IMMEDIATE FF7 FASE Spring 1989 ~t Media contacts. Beaver Creek Resort Pat Peeples (303) 949-5750, ext. 3410 Post Office Box 915 Betsy Farny (303) 949-5750, ext. 3403 Beaver Creek. Colorado 81620 Phone: (303) 949-5750 Owned and Operated by Vail .Associates. Inc. NEW r u,u1G SPACE TO ur r r K ULTIMATE MOUNTAIN COli 1, =,(uICE EkrrA,=CF t BEAVER rcr,rr;, Colo. With the opening of the new 300-1....e... Hyatt Regency Hotel in. Beaver Creek in November, and the developn-tent of several other prime confc.Lc...ce facilities, the Vail Valley is well on its way to becoming the IJ.Lc..Liere mountain conference location in the country. Canning on-line with the new Eu.LQ&=an lodge-style Hyatt will be 23,000 square feet of luxurious and flexible meeting space, some of it in the existing Village Hall adjacent to the Hyatt, and some in the new hotel. Last winter, the Westin Hotel Vail completed a massive expansion which created 26,000 square feet of meeting space in a spectacular new conference center which can handle yivaps of up to 800. Construction began this spring on the new Beaver Creek Lodge and ' Executive Conference Center, which will include 70 suites and 2,600 square feet of luxurious executive meeting space. It will also include a health spa and restaurant on the JJir~aises. Some 1,800 square feet of executive meeting space is also planned for The Pines Lodge, an elegant lodge now under construction high on the western hillside at Beaver Creek. It is slated for completion in the summer of 1990. The Inn at Beaver Creek, located steps f~~« the Strawberry Park lift, has 1,800 square feet of meeting space. Beyond world-class skiing, Beaver Creek offers conference attendees a variety of other fun jl ,~ap activities, such as sleighrides to Beano's Cabin on Beaver Creek mountain for an authentic western-style dinner and entertainment, winter wildlife tours by snowcat, or snowmobiling and snowshoeing. Gourmet cross country ski tours are also very popular with y,_uaps. For more information on booking a confer c..ce at the new Hyatt Regency in Beaver Creek, contact the Hyatt sales office at (303) 949-1234. For information on booking a conference at one of Vail or Beaver Creeks' many other conference locations, contact Vail/Beaver Creek Reservations, and ask for the yJ_vap reservation desk, at 1-800-525-2257. -30- 1989 WORLD ALPINE SKICH.-IiNtPIONSHIPS VAIL/BEAVER CREEK CONVENTION/COlvrr. <,n4CS FACILLL•t•1r,S VAIL Name Capacity/Size Year Round 1. Marriott's 1,000/15,696 sq. feet yes Mark Resort 2. Westin Hotel 800/2;6,000 sq. feet yes Vail 3. Manor Vail 500/6,700 sq. feet yes 4. The Lodge 400/6,800 sq. feet yes at Vail 5. Holiday Inn/ 250/2,268 sq. feet yes Gateau Vail HEAVER Lt=. K RESORT 1. Hyatt Regency 1,600/23,000 sq. feet yes at Beaver Creek 2. Inn at Beaver Creek 70/1,800 sq. feet yes 3. Beaver Creek Lodge and Conference Center* /2,600 sq. feet yes *Presently under construction with. expected ~„j-,letion sumner 1990.