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HomeMy WebLinkAbout1990-12-04 Support Documentation Town Council Work Session . VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 4, 1990 1:00 P.M. AGENDA 1. Discussion regarding Permanent Funding for the Vail Valley Marketing Board 2. Colorado Ski Museum Presentation 3. Gross Residential Floor Area/Site Coverage Work Session 4. Municipal Complex Task Force Update 5. Discussion regarding View Corridors 6. Discussion of the Proposed Amendments to the Municipal Code regarding Adjustments to the Fee Schedule for Planning, Building, and Fire Department Reviews of Development Proposals; also Included are Proposed Adjustments to the Commercial Core I and Commercial Core II Pay-in-Lieu of Parking Fees 7. Discussion and Approval of Town of Vail Apartment Lease Agreements 8. Discussion regarding Formation of a Housing Authority 9. Discussion regarding Northwest Colorado Council of Governments Dues 10. Information Update 11. Other 12. Executive Session - Personnel Matters VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 4, 1990 1:00 P.M. EXPANDED AGENDA 1:00 1. Discussion regarding permanent funding for the Vail Valley Jan Strauch Marketing Board 1:15 2. Colorado Ski Museum presentation Christine Scrip Action Requested of Council: Discuss with representatives of the Ski Museum the term of lease and whether any additional restrictions should be placed on successful completion and utilization of space. Background/Rationale: Colorado Ski Museum representatives have asked to speak to the Council regarding their current fund-raising efforts and to share their advertising and printed materials. 1:30 3. GRFA/Site Coverage Work Session Kristan Pritz Action Requested of Council: None required at this time. Background/Rationale: Thirty minutes has been allocated to answer any questions the Council may have regarding the proposed GRFA and site coverage zoning code amendments. Second reading of Ordinance Nos. 37 and 41 are scheduled for this evening's meeting. 2:00 4. Municipal Complex Task Force Update Ken Hughey Action Requested of Council: Provide the Task Force with a final site selection so as to proceed with the project. Background/Rationale: The Municipal Complex Task Force will provide the Town Council with an enhanced analysis of site alternatives for the Municipal Complex. This presentation will also address concerns expressed by some Councilmembers relating to one or more of the sites. Staff Recommendation: Proceed with the project with the Lionshead TRC as the site. 3:00 5. Discussion regarding View Corridors Kristan Pritz Action Requested of Council: No action required - presentation is informational only. Background/Rationale: This will be a brief presentation regarding the establishment of 2 new view corridors, one of which is the view east toward the Gore Range from a point in front of Frivolous Sal's. At the November 27, 1990 Town Council meeting, Councilmembers directed the Community Development staff to make the establishment of these view corridors a priority of the Community Development Dept. 3:15 6. Discussion of the proposed amendments to the Municipal Code Kristan Pritz regarding adjustments to the fee schedule for Planning, Gary Murrain Building, and Fire Department reviews of development proposals; also included are proposed adjustments to the CCI and CCII pay-in-lieu of parking fees Action Requested of Council: None required at this time. Background/Rationale: The Council has directed the staff to analyze the existing fee structure to ensure that fees charged are in line with expenditures of staff time and materials. Please see enclosed memos. Staff Recommendation: Staff recommends approval of the proposed amendments. 4:00 7. Discussion and approval of Town of Vail Apartment Lease Pam Brandmeyer Agreements Action Requested of Council: Ratification of 15 employee housing leases. Background/Rationale: To ensure available housing for seasonal and full-time employees hiring on at the beginning of the ski season, staff assurr~ed a proactive stance to secure this housing. The availability of this housing was used as a hiring incentive ands became a critical factor in our successfully filling positions. Staff Recommendation: Ratify the leases. 4:05 8. Discussion regarding formations of a Housing Authority Ron Phillips 4:20 9. Discussion regarding NWCCOG Dues Ron Phillips Action Requested of Council: Final discussion of COG dues. Background/Rationale: Research is being done on Eagle County communities - which area now members, how much are their dues, did they budget for next year? 4:35 10. Information Update Ron Phillips 4:40 11. Other 4:50 12. Executive Session - Personnel Matters -2- 4..- ti,~.- ,~.,r, cp~RydR*~c~gr'.° T•k~'~''~`~~ 9+~' °~s > ~ ""i, l^t T~;'t`r,a s St 4 "3y^ J , _ ~ ?.x r, t v ..k ,k ~ t Zi ~ y ^L ~f k.,~ ~ 'TM }.o-~.a'r ~ ~ ~ ~](~'uM,..'~ - _ _ 2 S J'^C ~ Sr•`,~ 'D .~~r..- ~ ' 7•" an' ~'~s~ -4 3„ ~~~+P r.,~„y ..f , ~j~.7~/V.. S'+.. L f fi •-j~ ~ } h V Y 4^~', f,+ • ~ to 4 -+:rc; 'Ey.'~,• ~m K'~'~ ~ O~ Y.ze ~x,~s K a r,;d~e,,~i ~ r ~ . - f.- 5 ~ ~ , .~Gh~~.,c~-''}.r'~ 3 ~r ~~p u.~ Y 'i£is ~k` ~'ri`• ~ .i a-,.~f•.' _ r t i 4 ~ . ' d a: ~'1. _ ~ ms's ` ~'7',~} t R' ' t 7+,~~ * "v~~ fi~t,~x''~?}~~:'~ ;t{' ~ .•.r } c'. ~ry r~ ~ . . , - x ~ - . i. 7 ~ -ice ~'~~f~~~~~~ ~ y.~g'°~.~t a ~„sz.. 5.. z'~ . . ` • • Ron Fhi3l~s ' ~ T ~ ~ ~ . _ ° - . S14 ~.,~y~ /~~'+~y'~--, a~. ' 1 S`' , ~ f~,.7~ ~ ~c v s.r _ "'i. Siµ• ~~c~pf ~ f ti ~ ;1 VW1V t'1tf1YAVr?!l 7 t f_ ~ da ";jt ~f ~ " ~.^.y.~7~,^ ~4~ + ,u ~'.'E °y' 4^x rr~ 3' R ~ ~ .~,y, x . _ ~ -down •ofr Vail - • ~ , , ~ h? ~i ~ ~~QE " ~ ~ . _ - ' ; _75 •South Frgh~age ~ Rosd= ~ ~"x* S = ~ e-: , . c.. /~A 7 ~ xis xs_ s+> ~ 4a ?k.~-'4f~ra•~."'?~`.~~{~~'~ s~.",~., 'Y.°'=~ - _ hi _ - .!ail,.: Co~or~~i.V V~~~/ ~ ~ .4, d' ; a '~F'~9r -y~y ~M YY s. ~s 1~ _ 1 jY. i t ?i •-r r - t:.._ 4. : _ Dear •Ro~ . ~ `K ~ ~ ~ , ~ •'.'l;oag=teeth - ;Funding" eras, one 'of 'tthe tAany ~~mpottant ~ s}ib~gcts ni c~iss~d ~t our . , ~ :reeaen~E •~~rategic-planning ~et>=eat. ` s : ° ~ ' ~ ~:t ` "rAs you•are no doubt aware, -the Ordinance that-cheated `end ~unfled;;~the'~1ai\1:~Valley ~ = ~Iarketing.~ Board,~is to:. dun ~ for ;•four,,yyears; ,ex:pring': a~ -the t<entl ~+df .;3992-, 'just - - -over twb`• -years • away.-. based- :on ~h~ .,positive r-asults. xto ` dale., ° ~an`~-tfiiiereas~ng Y ~ ` ` = - - competitive , clignate,, ~ aiic~ -~~the still ~nf~alfillect, ~otentia~l o~ ~~he ~ Vail ..Valley = - •summer` ~produc't-, the Boa~d~~mem~ers'=unanimously recommend th$t ~he•'Va11'~y's ::unified - _ _ ;ap-proach -to,` -building -new, summer•.businr;ss -not''end,,i~;~199~, '~ut fbe:~ex~iarided,,,wth , w_ • . • A a• new aggres.'sive.'-1ong~term~-;Phan... - k • * •-a 1.- ~ ~ - _ - • - r ~ . • _ ~ Considering that it hook several.}tears to .create the Eurrent ~rdnan7ce', Vie: ~ - -'rbe iev ~ { ~ ,e,. that- =it.•is` now time- rto start work on •this ~ p~d~j~ect aid that ohs .Vai--.,`~•.'; - ~ Town ~ Counci:l, :take .s ' 'le~derstp role ;in ;-`its' selection ~ar~,~d - - - ' respectf.uhy_ suggest that ` a -•new funding' committee- be _appoint~d~tot ~inc~ude _ ' ~ : ~ .representatitvss 'from ;•-the 2~ans.*.~of'~-Vail ' aad Avon~~ ~~ail ~ A"ssoc~ates, ":`tY~eBeaver. , = Creek 'Resort ;~ompany,_ .the lodging/restaurant community,~~s~eal e,~tate%develo~ers,~, = " • ~ - eagle -County,, • and%o'r • other'~:ma jor..-' entities -~~~iat 'wi.~l ~ ~e the JCey7~enefactors frgm ' " • - . a continuing, ,improvement ~.n-, the, -lvcai- Summer :economy - _ - - _ -This :-ire ject is 'too -consuming to,~be~}~iandleti by ,the t:urrent l~arket.~ng iBoard' who' _ - - - ':~s -already -over-loaded`• 'working -~on -skiott=term ;,planning., taut ~tlie~ hai~e appointed A ~ _ :'=`.•me -to act as a ll.aison ~ to , tfiis new committee and :to 'help -exped-ite tY~e'r e~forts.< ~ , _ . We 'woul°d hope ~•that -the f;buncil has a ,~cp~mittee ,selected end ~ao_rk}rtg Eby the first ~ _ • ~ :of _the yearjand that =an fiction plan of a3.ternative5 rvis developed by ~tnid=Summer--"• X991, ~ , . ~ - l ~ ~ ~ y ~ ' ' ' a r ~ ~-s- w ,sue ~ t .Aa ,ice ,,,,1 . - _ ° ~ ~ >d Mos sincerely _ t .~•r ~~~.r ~ ~ > ~ a _ ro . . • ; • _"L "y ~ - r t t {i ~a~ ` ~ ~ Ari'y ~ a• eS°~ 1. ' ' .Jan 1C - .Stra~ch•.'~ ~ ~ s ' } ' z~h ~ , x-=-{".~~.' . 'sue r ~ ' Bear Me~aber:- - - ~,a u ~ ~~t ~ : 4- . ~ . _ ~ .~Y ~ r' w { r ~,~Ka,~-~ r `~°'r k1S"t ~ 5,.. w s"# >,X ~ ~ R• ~ - ,O obey 19 / ti ~ ':-°-r . ~^r` t ~ e'er .f^Y'.'~-5,~ ,m F~n r.. ./'r ~ _ - . _ ~ ~T'M'• C ~y, • X14-"'[may y y _ T~ ~ 9 ~.~Y..... 1 I i ~ ,nl _ M:~ r. ~ ~ .tp. Y , MEMO TO: Town Council FROM: Department of Community Development DATE: December 4, 1990 RE: Ordinance No. 37, amendments to GRFA This ordinance was approved as presented at first reading, and as a result, no changes have been made to the ordinance for second reading. There were however, four issues raised during the initial discussion of this ordinance. The following is a brief response to these issues. Substantiallv Enclosed Stiaces This provision was incorporated into the definition of GRFA to prevent the development of spaces that for all intents and purposes are enclosed - thereby adding to the bulk and mass of a residence - but designed with very modest openings so they were technically not enclosed spaces and could not be considered GRFA. As presently worded, any roofed or covered area that is "open" by a space less than 25°s of the lineal perimeter of the roofed or covered area would count as GRFA. The attached sketch demonstrates how this type of space will be measured. Garacte Credit Presently, all existing credits are permitted based on the allowable number of units on a lot. While the 425 sq. ft. "built back into the GRFA ratio" to compensate for the elimination of the other credits will be permitted on a "per constructed unit" basis, the maximum garage credit would continue to be based on allowable number of units. The concern of the Council is that basing the 425 sq. ft. on constructed units and the garage credit on allowable units is inconsistent. Maintaining the garage credit based on allowable units came out of the Zoning Code Task Force and was later affirmed by the Planning Commission. This recommendation is based on the often stated goal of encouraging garages in our low density neighborhoods. If a property owner chooses to build a four car garage, it is assumed that four cars will potentially be , stored in a garage as opposed to two in the garage and two in the driveway. The distinction between the 425 square feet and the garage credit is that there was perceived to be a public benefit of allowing additional garage space, thereby enclosing a greater number of vehicles. Standards for Secondarv Unit As proposed, 425 square feet of additional GRFA will be permitted on a lot for each constructed unit. Technically, a "second unit" could be created by simply adding a second kitchen to a single family residence. Minimum standards have been added to the GRFA Policy Statements to ensure that a legitimate secondary unit is developed before this additional square footage is permitted. As propo~~ed, a secondary unit is required to have private ingress/egress and be a minimum of 500 square feet. Confusion Over Probosed Amendments " It is natural to assume there will be many questions and some confusion over these new regulations» In discussions with owners, architects and developers, there has been near unanimous agreement that the new definition will make life easier for everyone. It would appear that any confusion is based not on how the system will work, but how the system will affect individual properties. It is impossible to state how these revisions will affect every parcel in the Town. This is primarily due to the fact that over the last twenty years, homes have been developed under no fewer than six different GRFA systems. There can be little question, however, that the proposed system comes as close as possible to duplicating the existing system in terms of how much GRFA can be constructed. 'T'hus far, the only point of contention over this proposal is 50 square feet of GRFA -an amount of square footage that may be important to some, but is relatively insignificant when compared to all the revisions proposed by this amendment. STAFF RECOMMENDATION Staff recommends approval of the ordinance as presented. i A ~ TO: Town Council FROM: Department of Community Development/Tom Braun DATE: November 20, 1990 RE: Ordinance No. 37, amendments to Gross Residential Floor Area The Planning Commission unanimously recommended approval of proposed amendments to GRFA at their October 22nd meeting. These amendments are essentially the same as what was discussed and agreed upon at the Council/PEC joint session in September. Ordinance 37 reflects these amendments as they would be incorporated into the zoning code. The following memo provides the rationale for this proposal. T.. GROSS RESIDENTIAi. FLOOR AREA (nronosed definition) 18.04.130 Floor area. cross residential (GRFA) Gross residential floor area (GRFA) means the total square footage of all levels of a building, as measured at the inside face of the exterior walls (nvt including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, mechanical chases, vents and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces and patios shall also be included in GRFA, unless they meet the provisions of paragraph A below. A. Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Enclosed garages of up to three hundred (300) square feet per vehicle space, not exceeding a maximum of two spaces for each dwelling unit permitted by the zoning code. 2. Attic space with ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly , above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 1 3. Crawl space accessible through an opening not greater than twelve square feet in area, with five feet or less ceiling height, as measured from the surface of the earth to the underside of structural members of the floor/ceiling assembly above. 4. Roofed or covered decks, porches, terraces, patios or similar feature/space with no more than three exterior walls and a minimum opening of not less than 25~ of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature/ space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in paragraph A shall then be deducted from total square footage. In an effort to highlight major changes to GRFA and to maintain continuity in how GRFA is interpreted, the following policy statements shall be used by the Department of Community Development: 1. Allowable garage area is awarded on a. "per space basis" with a maximum of two spaces per allowable: unit. Each garage - space shall be designed with direct unobstructed vehicular access. All floor area included in the garage credit shall be contiguous to a vehicular space. 2. Interior walls are included in GRFA calculations. For duplex and primary/secondary structuz•es, common party walls shall be considered exterior walls. 3. Bay windows, fireplaces and mantels, flues and similar features shall be included in GRFA calculations. 4. Vaulted spaces and areas "open to below" are not included in GRFA calculations. 5. At the discretion of the Director of Community Development and the Chief Building Official, crawl spaces created by "stepped foundations" with a floor tc? ceiling height in excess of five feet may be excluded from GRFA calculations. 6. The additional 425 sq. ft. "built intro" the GRFA ratio is permitted on a per constructed unit k?asis, regardless of whether the units are open market, caretaker or other restricted employee unit. There are, however, no restrictions on how this additional GRFA is allocated on a lot. 2 h } II. GRFA RATIO This definition does two things. First, it simplifies the method of calculating GRFA by eliminating all allowances and credits (with the exception of garages) and by including all floor area within the exterior walls of a structure in GRFA calculations. Secondly, the definition reduces the amount of square footage that can be built on a lot. The resulting reduction in GRFA is not an objective of this effort and therefore the following modifications to the GRFA ratio are proposed in order to compensate for the decrease in allowable square footage. A. Analysis of GRFA Chanaes: In terms of how GRFA is measured, the following changes will be made through this amendment (square footage indicated is on a per unit basis): Credits Credits for storage (200 sq.ft.), airlocks (25 sq.ft.) and mechanical (50 sq.ft.) space will be eliminated. Square footage for these credits (275 square feet per unit), will be added to the GRFA ratio on a per unit basis, but only if the unit is constructed. In the past, credits were given based on the allowable number of units per lot. For example, on a duplex lot, if only one unit was built, the owner could still utilize 400 sq.ft. of storage, even if the second unit was not constructed. Stairwells and Elevator Shafts Under the existing definition, stairwells and elevator shafts are counted at the lowest level only. The proposed definition will count stairwells and elevator shafts at each le~~el. Based on minimum building code requirements for stairs, 150 square feet will be added to the GRFA ratio. Covered of Roofed Spaces Covered or roofed spaces that are enclosed on three sides and less than 25% open will now count as GRFA (see subparagraph 4 of the definition). "Habitable Space" The term "habitable space" has been eliminated from the definition. This is the term that allowed the construction of "void spaces" throughout units. Crawl Space and Attics The proposed GRFA definition is designed to count everything within the enclosing walls of a structure as GRFA. The only areas not calculated as GRFA are attics and crawl spaces that satisfy floor to ceiling height requirements (see subparagraphs 2 and 3 of the definition). This is essentially unchanged from existing regulations. Miscellaneous Spaces Interior spaces such as vents, flues, fireplaces, landings and bay windows now count as GRFA. 3 J Measurements Square footage is still measured from the ll interior face of exterior walls. However, the "interior face" has been clarified to prevent wall modifications designed to reduce square footage. Garaae Credit This is the only credit remaining in the proposed system. No change is proposed to this section, the garage credit is still based on allowable units. A single family zoned lot would have a maximum garage allowance of 600 sq.ft. A primary/secondary zoned lot may have a garage of up to 1200 sq.ft., even if only one unit is constructed. While the actual numbers will vary due to building design, it is estimated that under the proposed definition, if no compensation were made for square footage, approximately 85J square feet of floor area would be taken away from each duplex and p/s lot in the town. This 850 sq. ft. number is based on the following existing credits, average stairwell area and void areas: Duplex. P/S sinale family or Hillside Res. Storage Credit 200 sq.ft. 400 sq.ft. Airlock Credit 25 sq.ft. 50 sq.ft. Mechanical Credit 50 sq.ft. 100 sq.ft. Overlapping Stairs 150 sq.ft. 300 sq.ft. 425 square feet 850 square feet In order to compensate for square footage which would be lost if the proposed amendments are adopted, it is necessary to modify the existing GRFA allowances by building 850 square feet back into the system for each duplex and p/s lot and 425 square feet for single family lots. Lots with secondary units restricted to caretaker or employee housing units will also be allowed to utilize additional 425 sq.ft. - provided the secondary unit is constructed. Increasing the existing .25 GRFA ratio is the most direct way to add square footage to a lot. Allowable GRFA is based on lot size; the larger the lot, the more GRFA allowed. As a result, it is difficult, if not impossible to modify the existing ratio so that all lots receive 850 or 425 square feet - increasing the ratio will "award" more square footage to larger lots than smaller ones. While many alternatives have been studied for building this square footage back into the system, the most equitable way to compensate for square footage taken away by the new definition is to simply add 425 square feet per constructed unit to the existing .25 ratio. This is essentially what is now done with the existing credit system. 4 8. Chances to the GRFA Ratio The recommended alternative will amend the density control section of the single family, two-family, primary/secondary and hillside residential zone districts to read: Density Control - Primary/Secondary and Two-Family Zone Districts Not more than a total of two dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fifteen thousand square feet. The following GRFA shall be permitted on each site: 1) Twenty-five square feet of GRFA for each one hundred square feet of the first fifteen thousand square feet of site area, plus 2) Ten square feet of GRFA for each one hundred square feet of site area over fifteen thousand square feet, not to exceed thirty thousand square feet of site area, plus 3) Five square feet of GRFA for each ona hundred square feet of site area in excess of thirty thousand square feet. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. Density Control - Single Family District Not more than one dwelling unit shall be permitted on each site. The following GRFA shall be permitted on each site: 1) Twenty-five square feet of GRFA for each one hundred square feet of the first twelve thousand five hundred square feet of site area, plus 2) Ten square feet of GRFA for each one hundred square feet of site area over twelve thousand five hundred square feet. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted on each site for each constructed dwelling unit. Density Control - Hillside Residential District Not more than a total of two dwelling units shall be 5 permitted on each site. The following GRFA shall be permitted. on each site: 1) Twenty square feet of GRFA for each one hundred square feet of the first twenty-one thousand square seven hundred eighty square feet of site area, plus 2) five square feet of GRFA for each one hundred square feet of site area over twenty-one thousand seven hundred eighty square feet. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitte8 for each constructed dwelling unit. 1TT. IMPLICATIONS OF THESE AMENDMENTS This amendment will take effect following review and approval by the Town Council. At that time, all new development proposals will be required to comply with these regulations. Approved development that is under construction at the time the amendments take affect may be completed as approved under the previous regulations. The issue of development proposals that are in the review process, but not yet approved, is less clear. Taking the most restrictive interpretation, these new regulations could be adopted and immediately apply to all proposed and approved development with the exception of projects that have obtained a building permit and begun construction. This scenario would present a tremendous hardship on projects that have applied for design approval, or have received DRB approval, and have not began construction. The implementation of this amendment should allow some concessions to projects that are "in process", but have not begun construction. In order to provide for a reasonable transition from existing regulations to this proposal, it is recommended that any project that has submitted a complete application for DRB review prior to the effective date of this ordinance be allowed to complete the permitting process under existing GRFA regulations. As proposed, the ordinance would take effect on January 1, 1990. There is at least one example of an existing SDD where GRFA on single family lots is established by ordinance. In this case, f the project is affected by the GRFA definition change, but does not benefit from the new GRFA ratio (because the GRFA is set by ordinance). Amendments to this SDD will be initiated to modify the permitted GRFA or "grandfather" the use of existing credits. 6 IV. RECOMMENDATION While "field testing" has been done during the development of this proposal, there is no way to definitively state what impact these changes will have on new development. There are unique circumstances involved in every development, and no single zoning regulation can be expected to cover every single situation that may arise. Zoning controls provide a framework for guiding development. The design guidelines, and to a lesser degree the variance process, will ultimately determine the characteristics of new development. Amendments to GRFA may not solve every "perceived" problem with development in Vail. Some may consider these changes a further encumbrance on development, while others may regard them as not going far enough to control development. The amendments will, however, accomplish the goals and objectives of this effort. In evaluating this amendment proposal, it is important to consider the underlying goals of this effort: 1) Clarify the intent of the regulations 2) Simplify the administration of the regulations, and 3) Close the loopholes inherent in existing regulations The proposed amendments will accomplish these goals and objectives. f 7 ORDINANCE NO. 37 Series of 1990 AN ORDINANCE REPEALING AND REENACTING SECTION 18.04.130, THE DEFINITION OF FLOOR AREA, GROSS RESIDENTIAL (GRFA), SECTION 18.09.080 DENSITY CONTROL--HILLSIDE RESIDENTIAL DISTRICT, SECTION 18.10.090 DENSITY CONTROL--SINGLE-FAMILY DISTRICT, SUB-SECTION 18.12.090 (A) DENSITY CONTROL--TWO FAMILY RESIDENTIAL DISTRICT, SUB-SECTION 18.13.080 (A) DENSITY CONTROL--PRIMARY/SECONDARY RESIDENTIAL DISTRICT AND. SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Gross Residential Floor area is an important tool for controlling the level of development in the Town; and WHEREAS, modifications to the Gross Residential Floor Area system are necessary to ensure its effectiveness; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed amendments, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Section 18.04.130, the definition of floor area, gross residential, is hereby repealed and reenacted to read as follows: 18.04.130 Floor area. aross residential (GRFA) Gross residential floor area (GRFA) means the total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of paragraph A below. A. Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Enclosed garages of up to three hundred (300) square feet per vehicle space not exceeding a maximum of two spaces for each dwelling unit permitted by the zoning code. 2. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly v` above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered decks, porches, terraces, patios or similar feature/space with no more than three exterior walls and a minimum opening of not less than 25~ of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature/space provided the opening is contiguous and fully open from floor t:o ceiling, with an allowance for a railing of up to three feet in height. GRFA shall be calculated by mea:auring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in paragraph A shall then be deducted from total square footage. B. Within buildings containing morEa than two allowable dwelling or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Garages; 2. Solar heating rock storage areas; 3. Mechanical areas; 4. Common hallways, common closets, lobby areas, stairways and common enclosed recreational facilities not exceeding a maximum of an amount equal to twenty percent of the allowable GRFA permitted on the lot. Any square footage which exceeds the twenty percent maximum will be included in the calculation of vRFA; 5. All or part of an airlock not exceeding a maximum of twenty-five square feet per allowable dwelling unit. Section 2 Section 18.09.080, Density Control in the Hillside Residential District is hereby repealed and reenacted. to read as follows: 18.09.080 Density Control Not more than a total of two dwelling units shall be permitted on each site. The following GRFA shall be permitted on each site: a. Twenty square feet of GRFA for each one hundred square feet of the first twenty-one thousand seven hundred eighty square feet of site area; plus b. Five square feet of GRFA for each one hundred square feet of site area over twenty-one thousand seven hundred eighty square feet. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. On any site containing two dwelling units, one of the units shall not exceed twelve hundred square feet of gross residential floor area (GRFA). This unit shall not be subdivided or sold separately from the main dwelling. This unit may be integrated into the main dwelling or may be integrated within a garage structure serving the main unit, but shall not be a separate free standing structure. Section 3 Section 18.10.090 Density Control in the Single Family District is hereby repealed and reenacted to read as follows: Section 18.10.090 Density Control Not more than one dwelling unit shall be permitted on each site. The following GRFA shall be permitted on each site: a. Twenty-five square feet of GRFA for each one hundred square feet of the first twelve thousand five hundred square feet of site area; plus b. Ten square feet of GRFA for each one hundred square feet of site area over twelve thousand five hundred square feet. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. No single family residential lot except those located entirely in the red hazard avalanche zone or the flood plain shall be so restricted that it cannot be occupied by one single family dwelling. Section 4 Sub-section 18.12.090 (A) Density control in the Two Family Residential District is hereby repealed and reenacted to read as follows: J 18.12.090 Density Control A. Not more than a total of two dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fifteen thousand square feet. The following GRFA shall be permitted on each site: a. Twenty-five square feet of GRFA for each one hundred square feet of the first fifteen thousand square feet of site area; plus b. Ten square feet of GRFA fo:r each one hundred square feet of site area over fifteen thousand square feet, not to exceed thirty thousand square feet of site area; plus c. Five square feet of GRFA for each one hundred square feet of site area in excess of thirty thousand square feet. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. No Two-Family residential lot except those located entirely in the red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a two-family dwelling. Section 5 Subsection 18.13.080 (A) Density Control in the Primary/Secondary Residential District is hereby repealed and reenacted to read as follows: 18.13.080 Density Control A. Not more than a total of two dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fifteen thousand square feet. The following GRFA shall be permitted on each site: a. Twenty-five square feet of GRFA for each one .hundred square feet of the first fifteen thousand square feet of site area; plus b. Ten square feet of GRFA for. each one hundred square feet of site area over fifteen thousand square feet, not to exceed thirty thousand square feet of site area; plus c. Five square feet of GRFA for each one hundred square feet of site area in excess of thirty thousand square feet. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. On any site containing two dwelling units, one of the units shall not exceed forty percent of the total allowable gross residential floor area (GRFA). No Primary/Secondary residential lot except those located entirely in the red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a Primary/Secondary dwelling. Section 6 The provisions of this ordinance shall not be effective for any application for development which has been submitted to the Department of Community Development, and accepted by the same, on or before January 1, 1991. Section 7 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the .remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8 The 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 inhabitants thereof. Section 9 The repeal or the repeal and reenactment of any provisions of the ' Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty i:aposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5 Section 7.0 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed 'to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS 20th day of November , 1990, and a public hearing shall be held on this Ordinance on the 20th day of November , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 20th day of November 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 6 e, To: Town Council From: Department of Community Development Tom Braun Date: November 19, 1990 Re: Proposed Revisions to Site Coverage The following memo was presented to the Planning Commission for their consideration of amendments to site coverage. The PEC recommended by a unanimous vote to approve this proposal. Ordinance No. 41 includes all changes that would be incorporated into the zoning code if this amendment is approved. As with GRFA, these amendments would apply to all development proposed after January 1, 1990. Any complete applications that have been accepted by the C...~~«unity Development Department prior to January 1 will be reviewed under the old regulations. This definition will apply to development in the Hillside Residential, Single Family, Two-Family and Primary/secondary districts only. Any revisions to how site coverage is calculated in higher density zone districts will be evaluated in conjunction with the review of other development standards for these zone districts. The November 12 PEC memo read as follows: After lengthy discussion, proposed revisions to site coverage were tabled by the PEC at the October 22nd meeting. Three issues were raised during this discussion that prompted this item to be tabled: 1) How the definition will deal with roof overhangs and covered decks; 2) Given the amount of square footage that can be built, is the 20$ site coverage allowance on single family and duplex zoned property adequate for smaller lots; and 3) Does the reduction in allowable site coverage (from 20$ to 15$) on lots with greater than 30$ slope present unreasonable constraints on development. This memo presents a revised definition of site coverage and revised policy statements on the interpretation of this definition. These revisions were made in response to questions on how covered decks and roof overhangs will be calculated. In addition, site coverage on small lots and steep lots is also addressed. 1 :1 REVISED DEFINITION OF SITE COVERAGE "Site coverage" means the ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include all buildings, carportsc, port cocheres, arcades, and covered or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, eave, or covered stair, deck, porch, terrace or patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. The most significant changes resulting from this definition are: 1) "Building area" is measured at grade or above grade, so any portion of a building that is cantilevered will now count as site coverage. 2) Covered elements such as carports, port cocheres, arcades and covered or roofed walkways will count as site coverage. 3) The definition essentially allows a four foot "buffer zone" around the perimeter of a building - within this zone, roof overhangs, eaves and covered decks will not count as site coverage. Overhangs, eaves and covered decks that project more than four feet from the face of a building will count as site coverage. 4) Uncovered decks are not included in mite coverage calculations. This definition will now count portions of buildings that are presently not included in site coverage calculations. However, in the vast majority of building designs, this change will be very minor. The four foot "buffer" provides an opportunity for overhangs and decks without affecting site coverage. As was the original intent of this effort, these revisions are designed to prevent buildings that go beyond the intent of site coverage regulations - massive overhangs, cantilevered buildings and covered decks. These changes should have :no impact on the majority of new development. The following policy statements articulate how the staff will interpret this definition. The main purpose of these statements is to maintain continuity in how site coverage is calculated. It is anticipated that these policies will be amended as needed in order to implement the intent of the site coverage definition. 2 `r 1~ 1) Bermed structures with portions of building elevations visible on any side, shall be included in site coverage calculations. Totally underground structures that do not alter the natural topography of a site, shall not be included in site coverage calculations. 2) "Cut-outs" of roof elements shall be included in the calculation of roof overhangs and eaves. 3) Any portion of a deck below a roof overhang or eave shall be considered a covered deck. IMPACT OF THIS CHANGE ON SMALLER LOTS The point has been made that given existing GRFA allowances, the 20$ site coverage on smaller lots is not adequate - zoning standards will force architects to design taller, bulkier buildings with less detail and articulation, in order to build all permitted square footage and still meet site coverage regulations. There is no question that designing all the permitted square footage on a small lot (<10,000 sq. ft.), is more difficult than designing on a larger lot. However, this situation, if it is a problem, raises the question of whether to increase site coverage on smaller lots, or to decrease GRFA on smaller lots. If site coverage and GRFA regulations are out of sync on smaller lots, it is difficult to argue that proposed revisions to site coverage are not making the situation any worse. As stated above, the four foot buffer allows for articulation with decks and overhangs. Increasing site coverage allowances is not recommended at this time. While there is validity to the point that has been made regarding the relationship between site coverage and GRFA, the signs of this being a problem are not evident. There have not been a great number of site coverage variance requests on these types of lots. This is not to say, however, that this issue should be ignored. The Department of Community Development will be monitoring development on smaller lots over the next year and report its findings to the PEC. If a marked increase in variance requests should occur, or if their is cause for concern over the design of homes on smaller lots, the staff will consider changes to development standards on these lots. If the relationship between site coverage and GRFA does become a problem as more smaller lots are developed, decreasing GRFA is considered a preferred alternative over increasing site coverage. 3 SITE COVERAGE ON STEEP LOTS Currently, site coverage on lots with average slope over 30$ is reduced from 20$ to 15$. Reducing site coverage on steep lots is a common practice and is generally done to minimize disturbance of the lot. This is the same reason why ai garage may be located in the front setback without review and approval of a variance request. Revising this provision is not recommended at this time. The variance process is the appropriate avenue: for dealing with this situation. In the case where there are legitimate physical hardships involved in developing a steep l.ot, the variance process may provide relief from zoning standards. The Perot residence is a recent example of how this process can be used to solve site planning and design difficulties on steep lots. In discussing this issue, the Zoning Code Task Force felt it would be helpful to state why site coverage is reduced on steep lots. The following statement will be added to Site Coverage Policy Statements: 4) Site coverage on lots with an average: slope of 30$ or greater is reduced to 15~. The purpose of reducing site coverage is to minimize disturbance on a lot by consolidating structures. This issue will be addressed in much greater detail during the revision of the Design Guidelines. In addition, the staff will also monitor this situation over the next year. 4 SITE COVERAGE/GRFA ANALYSIS October 29~ 1990 EXISTING REGULATIONS SCENARIO ~1 SCENARIO ~2 - - Permitted SC at 209'0 Permitted Site Cov Ratio SC/GRFA Ratio 800 sq ft Ratio Lot Size Floor Area at 2096 SC/GRFA with SC at 2596 ,red. in GRFA SC/GRFA 8000 4150 1600 2.59 2.08 3350 2.09 9000 4400 1800 2.44 1.96 3600 2.00 10000 4650 2000 2.33 1.86 3850 1.93 11000 4900 2200 2.23 1.78 4100 1.86 12000 5150 2400 2.15 1.72 4350 1.81 13000 5400 2600 2.08 1.66 4600 1.77 14000 5650 2800 2.02 1.61 4850 1.73 15000 5900 3000 1.97 1.57 5100 1.70 16000 6000 3200 1.88 1.50 5200 1.63 17000 6100 3400 1.79 1.44 5300 1.56 18000 6200 3600 1.72 1.38 5400 1.50 19000 6300 3800 1.66 1.33 5500 1.45 20000 6400 4000 1.60 1.28 5600 1.40 21000 6500 4200 1.55 1.24 5700 1.36 22000 6600 4400 1.50 1.20 5800 1.32 23000 6700 4600 1.46 1.17 5900 1.28 24000 6800 4800 1.42 1.13 6000 1.25 25000 6900 5000 1.38 1.10 6100 1.22 26000 7000 5200 1.35 1.08 6200 1.19 27000 7100 5400 1.31 1.05 6300 1.17 28000 7200 5600 1.29 1.03 6400 1.14 29000 7300 5800 1.26 1.01 6500 1.12 30000 7400 6000 1.23 0.99 6600 1.10 Permitted Floor area reflects a duplex lot utilizing all GRFA w/ full garage Credit (1200 sq.ft.) Site coverage created by exterior walls is not inGuded in this analysis. ,f ORDINANCE NO. 41 SERIES OF 1990 AN ORDINANCE ENACTING SECTION 18.04.365, DEFINITION OF SITE COVERAGE IN HII.,LSIDE RESIDENTIAL, SINGLE FAMILY, TWO-FAMILY, AND PRIMARY SECONDARY ZONE DISTRICTS, AND REPEALING AND REENACTING SECTION 18.09.090 SITE COVERAGE-HILLSIDE RESIDENTIAL DISTRICT, SECTION 18.10.110 SITE COVERAGE-SINGLE FAMILY DISTRICT, SECTION 18.12.110 SITE COVERAGE-TWO FAMILY DISTRICT, SECTION 18.13.090 SITE COVERAGE -PRIMARY/SECONDARY DISTRICT AND SETTING FORTH THE DETAILS IN REGARD THERETO WHEREAS, site coverage is an important tool for controlling the level of development in the town; and WHEREAS, modifications to site coverage as defined in the Vail Municipal Code for the hillside residential, single family, two-family and primary/secondary zone districts are necessary to ensure its effectiveness; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed amendments and has submitted it recommendation to the Town Council; and WHEREAS, The Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 18.04.365, the definition of Site Coverage - Hillside Residential, Single Family, Two-Family and Primary/secondary is hereby enacted to read as follows: 18.04.365 Site Coverage - Hillside Residential. Sinale family. Two-family and Primary/secondary zone districts "Site coverage" means the ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include all buildings, carports, Porte cocheres, arcades, and covered or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. 1 Section 2 Section 18.09.090, Site Coverage in the Hillside Residential District is hex°eby repealed and reenacted to read as follows: 18.09.090 Site Coveraae Site Coverage shall not exceed 15~ of the total site area. Section 3 Section 18.10.110, Site Coverage in the Single-family Residential District is hereby repealed and reenacted to read as follows: 18.10.110 Site Coveraae Site Coverage shall not exceed 20~ of the total site area. Section 4 Section 18.12.110, Site Coverage in the Two-family Residential District is hereby repealed and reenacted to read as follows: 18.12.110 Site Coveraae Site Coverage shall not exceed 20~ of the total site area. Section 5 Section 18.13.090, Site Coverage in the Primary/Secondary Residential District is hereby repealed and reenacted to read as follows: 18.13.090 Site Coveraae Site Coverage shall not exceed 20~ of the total site area. Section 6 The provisions of this ordinance shall not be affective for any application for development which has been submitted to the Department of Community Development, and accepted by the same, on or before January 1, 1991. Section 7 If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8 The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the heal}h, safety and welfare of the Town of Vail and inhabitants thereof. 2 y ri Section 9 The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. n Section 10 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS 20th day of November , 1990, and a public hearing shall be held on this Ordinance on the 20th day of November 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 20th day of November 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 CONSTRUCTION FEE SCHEDULE - A. BUILDING PERMIT FEES - Total Valuation Fee $1.00 to $ 500.00 $20; oo, $I•a=99 $3.00 $501.00 to $2,000.00 $20.00 $}5;~ for the first .500.00 plus-$2.-66-for each additional $100.00 o r fraction thereon to and including $2,000.00 $10.00 $2001.00 to $25,000.00 .........................$b5.00.$45~6-for the first $2,000.00 plus $9-66 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $7.00 $25,001.00 to $50,000.00 .......................$315.00.$52-66 for the first $25,000.00 plus $6:3~ for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $6.00 $50,001.00 to $100,000.00 ......................$490.00.$4}4-56 for the first $50,000.00 plus $1+-¦~ for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $4.00 $100,001.00 to $500,000.00 .....................$740.00.$569..-36 for the first $100,000.00 plus $3-~ . for each additional $1,000.00 or fraction thereof. $500,001.00 to $1,000,000.00 ................:$2,340.00.$~039:3A for the first $500,000.00 plus $4.00 $3-98-for each additional $1,000.00 or fraction thereof, to and including 1 millic $1,000,001.00 and up .........................~4~34Q~QQ.$3.53~:~fi for the first $1,000,000.00 plus $3.00 $,2-.for each additional $1,000.00 or fraction thereof. 6. ELECTRICAL PERMIT FEES 1. NEW RESIDENTIAL - Thi s i ncl udes Modul ar Homes , Mobi 1 e. Homes 8. Travel Trai 1 er, also Duplexes & Condominiums. Construction & extensive remodeling & additions to (based on enclosed living area). Not more than 1,000 square feet $44-04} $50.00 Over 1,000 sq..ft. and not more than 1,500 sq. ft . :$Er3:-04~ $72.00 Over 1,500 sq. ft. and not more than 2,000 sq. ft . ~-7&-0f} $89.00 Per 100 sq. ft. in excess of 2,000 sq. ft . ..........................-.-$sr.-04 $ 4.00 REINSPECTIOfVS ARE ...................................................:-$44•::00 $50.00 2. COMMERCIAL - APED ALL OTHER FEES, including ADD,ALT,REP,REM, except for inspection in mobile homes & 'travel trailer parks shall be computed on the dollar value of the electrical installations, including fixtures & installation costs thereof, & such fees shall be as follows: Valuation of Work - Contract Costs Fee Not more than $300.00 ~42.AA..$3~~~0 More than $300.00 but not more than $2,000.00.. ~5D.D0..-$44:~- More than $2,000.00 but not more than $50,000.. X18.00..$}~~9 per each $1,000 valuation or fraction thereof of tatal valuation. More than $50,000.00 but not more than $500 ,000$17.00..$6-A6-per thousand or fraction thereof of total valuation PLUS $SA~AA~ $57.00 Mobile homes and travel trailer parks per space$42.00.-$~~.-06- Reinspections on all the above .................50.00.-$44-09- Temporary Power ................................$50.00 SEE REVERSE SIDE FOR OTHER FEES C. PLUMBING PERMIT FEES $15.00 per $1,000 valuation Valuation = 500.00 P/T = PER. TRAP OPENING D. MECWI~NICAL, PERMIT FEES $20.00-~~~,-04 per $1,000 valuation Valuation = 500.00 P/ D PER. DUCT OPENING E. PLAN CHECK FEES 657 1. Residential = -59~-of Building Permit Fee 4. Plumbing 257 of Plumbing Permit. 2. Other than Resid. = 65~ of Building Permit Fee 5, Mechanical 257 of 3. Fast Track = 1007 of Building PeY•mit Fee Mechanical Permit. F. DESIGN REVIEW EOARD FEES VALUATION FEE $ 0 - $ 10,000 -~--1$~ $15.00 $ 10,001 - $ 50,000 -$-~2Fr.8& $40.00 $ 50,001 - $ 150,000 -$§A•.~ $75.00 $ 150 ,001 - $ 500 ,000 -~-1~9-.~ $150.00 $ 500,001 - $ 1,000.000 -$~~1~,~ $300.00 Over - $ 1,000,000 -$~30s-.~9- $400.00 G. CLEAN-UP DEPOSIT $ 2,000 to $ 25,000 $100.00 $ 25,001 to $ 100,000 $250.00 $ 100,001 to $ 500,000 $500.00 $ 500,001 to $ 1,000,000 $750.00 Over $1,000 ,000 $1,000.00 H. RECR€ATION FEES Zone District Tax Rate per Square Foot of Floor Area SFR $.10 R .15 R P/S .15 RC . 30 LDMF .35 MDMF •70 HDMF 1.00 pA 1.00 CC1 1.00 CC2• 1.00 CC3 1.00 CSC 1.00 HS 1.00 A ~ .10 S DD Rate of zone district applicable to density of project. Conditional Uses ...........................$100.OC1 Special Development District ...............$500.00 Minor Subdivision ..........................$100.00 Major Subdivision ..........................-~~88-8E~- $500.00 Rezone ....................................-$~88-88- $200.00 Single Family Subdivision .................-$~88-88- $200.00 Secondary Unit ............................$100.00 Variance Application .......................$100.00 Bed & Breakfast ............................$100.OG Sion Application 20.00 _ Additional Git€A ...............................$100.00 Condo. Conversion .:........................-$~88-88- $500.00 Duplex Subdivision .........................$100.00 NOTE: Exception on Clean-up Deposits - All roofing projects require at least the minimum deposit. 1 BUILDING PERMIT FEES ~ ' ..:.:.'I f.~~.'AI, YAL.IJ.k l'Ir2hi ; ' L GLS ~1 00 T,O. $500 azo.oo $$01.00 ~TO~$Z- 000.00 520.00 FOR TFIE FIRST SS00.00 PLUS 53.00 FOR EACH ADDITIONAL 5100.00 OR FRACTIONTIiEREOF,TO AND INCLUDING 52,000.00 $2,UO1 00.1 U, a2S~000A0 ' 565.00 FOR TFIE 1~ I RST 52,000.00 PLUS S 10.00 FOR EACH ADDITI ONAL S 1,000.00 OR FRACTION TIIEREOF,TO AND INCLUDING 525,000.00 $2$,001 OO TO'$SO,000 00 : > : 5315.00 I~OR THE FIRST 525,000.00 PLUS 57.00 FOR EACH ADUI'CIONAL $],000.00 OR FRACTION THEREOF;TO AND INCLUDING 550,000.00 $50,000 Ol TO' $!00,000 0U ' 5490.00 FOR THE FI RST $$0,000.00 PLUS 55.00 FOR EACH ADDITIONAL 51,000.00 I ' c::;::;': OR FRACTION THEREOF,TO AND INCLUDING 5100,000.00 $100,001:00 TO $$00,000:00 5740.00 FOR THE FIRST 5100,000.00 PLUS 54.00 FOR EACH ADDITIONAL 51,000.00 OR FRACTION THEREOF, TO AND INCLUDING 5500,000.00 $500,001 OO TO $1,000 000.00 I 52,340.00 FOR THE FIRST 5500,000.00 PLUS 54.00 FOR EACH ADDITIONAL 51,000.00 OR FRACTION THEREOF, TO AND INCLUDING 51,000,000.00 $1,000,001 00 AND UP ! I 54,340.00 FOR TFI E FIRS'C 51,000,000.00 PLUS 53.00 FOR EACH ADDITIONAL 51,000.00 OR FRACTION THEREOF. 'L U'111EK 1NSPEC:1'IUN FEES: r 1. INSPECTIONS OUTSIDE NORMAL BUSINESS fiOURS (MINIMUM CFIARGE 1tiV0 HOURS) $40.00 liR. 2. REINSPECTION FEE ASSESSED UNDER PROVISIONS OF SECTION 305 (R) OF TFIE UBC. $40.00 I-IR. 3. INSPECTIONS FOR WHICH NO FEE IS SPECIFICALLY INDICATED INCLUDEING SPECIr\L INSPECTIONS. STOP WORK ORDERS AND ZONING. $40.00 HR. . 3 PLAN REVIEW FEES BUILDING PLAN REVIEW FEE SHALL 6E 65% OF 'CI IE IlUILUING PERM 1'C FEE. PLUMBING I PLAN REVIEW FEE SFIALL BE 25% OF THE PLIJMBING PERMIT FEE. MECHANICAL PLAN REVIEW' FEE SHALL BE 25% OF THE MECHANICAL PERMIT FEE. WHENEVER ANY WORK FOR WFIICH A PERMIT IS REQUIRED HAS COMMENCED WITHOUT FIRST INVESTIGATION OBTAINING SAID PERM IT. THE INVESTIGATION FEE SHALL BE EQUAL TO THE AMOUNT OF THE BUILDING, PLUMBING, MECFIANICAL, OR ELECTRICAL PERMIT FEE. ALL OTHER PEES SHALL BE IN ADDITION TO THE INV ESTIGAI'ION FEE. FAST. TRACg:;,.; PLAN REVIEW FOR A FASTTRACK PERMIT, WHEN PLANS ARE NOT TOTALLY COMPLETE SHALL PAY A PLAN REVIEW FEE EQUAL TOT118 BUILDING PERMIT FEE. RESTAURANT:EEE HEALTFI DEPARTMENT PLAN RCVIEW POR KITCHENS SHALL BE A FLAT FBE OF $75.00 PRECgN.ST RU.C`I ION ; A FEE MAY BE CHARGED WREN TIME SPENT IS DETERMINED TO BE EXCESSIVE BYTHE BUILDING OFFICIAL. MEETINGS.........> __,.d.. (EXCBSSIVH RHVIIIW IS OVER TWO MP.IITINGS OR FOUR HOURS) $40.00 I-IR. ~ ADDITIONAL PLAN ADDITION AL PLAN REVIEW REQUIRED BY CHANGES, ADDITIONS $40.00 I-IR. ~ REVIEW `'I OR REVISIONS TO APPROVED PLANS. • OR THE TOTAL HOURLY COST, WHICHEVER IS THE GREATEST. TFIIS COST SFIALL INCLUDE SUPERVISION, OVERHEAD. EQUIPMENT, HOURLY WAGES AND FRINGE BENEFI'CS OF ALL EMl'LOYEF.S INVOLVED. 4 ELEC1T21CAL EL'L'S NEW.RESIDENTIAL !I THIS INCLUDES MODULAR HOMES, MOBILE HOMES AND TRAVEL TRAILER, ALSO DUPLEXES FEES AND CONDOMINIUMS. (BASED ON HNCLOSIID LIVING AREA) NO'C MORE TF)EN 1,000 SQUARE FEET $5D.00 OVER 1,000 SQ. FT. AND NOT MORE TFIEN 1,500 SQ. FT. $72.00 OVER 1,500 SQ. PT. AND NOT MORE THEN 2,000 SQ. FT. $89.00 PER 100 SQ. PT. IN EXCESS OF 2,000 SQ. FT. $4.00 COMMERCIAL I COMMERCIAL AND ALL OTHER FEES, INCLUDING ADD, ALT, REP, AND SHALL BE COMPUT'L'•D ON .FEES . THE DOLLAR VALUE OF TFIE ELECTRICAL INSTALLATION, INCLUDING FIXTURES AND INSTALLATION COST'CHEREOF, AND SUCK FEE SHALL BE AS FOLLOWS: NOT MORE TIiI:N E300.00 $42.00 MORE TIICN 5300.00 BUT NOT MORE Tt1 EN E2,000.00 $50.00 MORE TFIEN E2,000.00 BUT NOT MORE 7't1EN ESO,000.00 (518.00 PHR EACH $1,000.00 VAI.UA9'ION OR PRAC't'ION TIIHROP OI' 7'07'AL VA I.UATION. MORE TFIEN ES0,000.00 BUT NOT MORE TFIEN 5500,000.00 (f 17.00 PIIR IIACII f1,000.000R FRACTION 7'IIEROF OF TOTAL VA [.UA'1'ION PLUS 5$7.00 MOBILE FIOMES AND TRAVEL TRAILER PARKS PER SPACE $42.00 'CEMPORARY POWER $50.00 REINSPECTIONS ON ALL OF TFIE ABOVE $42.00 P ~ `."iiifi::i :Yiiiii:::.iii:~iii'i: "ri;::..: ..:::i>:::: i::::i~Z:s::%'i. ~ ~.::..::r::::::c::c::.;;~::::: ~ ' LUMBlNI>< YhKMIl FLhS <~i:!:!%'~ f ~>::;3:2!::;i;:'': i! ;:::~:`:Yf>::~:?~:~ ~i%:~::_:<::i' :::r;r;__'_:.jrii:,:'::`<5::i :;iji ii;4;`.ij.,::ii;i;.y,~:%<~: ~ i wl i x ri xlr . ; $15.00 PER $1,000.00 VALUATION. (VALUATION -f 500.00 PER TRAP OPIINING) 6 MECHANICAL PERMIT FEES ~ < 1 S2O.OU PLR 1.000.00 VALUATION. lVA LUA7InN - 5500.00 PI?R OPIIN INOI T llL51GN REVIEW BUARU FEE FOGS :<::.$0.00<>`<::1'O>[<:'!`:;;.%';;.>:'..$.10000;00 $15.00 " $10;001 00 ..:::TO $50,000:00 $4D.00 ;:$50;001.:00:>:>:;:TO>:;>::>::<;":`:<:z:i$1:50;000:00. $75.00 :;$1:50;001 00 Tq' $500;000:00: $150.00 $504;001 00 1 Q $1`;000;000:00 I $300.00 OVER. $1:000:000:00 $400.00 8 CLEAN-UP DEPOSIT ` i ' :::>s:::>:::::::::::>:::::<::z:»::>::»; FEES : . ::.:::::::::~#~.E~#~T#~?hT ; :$2:000.00;.. '.::TO._....;>; .........::::.$25;000.00. $100.00 <;:$25001.00.. :>TO ;:.:::$.100,000:00: $250.00 $1:00001 00 `:TO ;$5001000;00: $500.00 .$500';00.1 00 TO $1';000 000:;0.0;1 $750.00 .:'.:::'OVER. $7;000;000:00: $1,000.00 NOTH; 1FXCHPTION ON CLEAN-UP DEPOSITS - ALL AB-ROOFINCs PROJECTS REQ UIRH AT LfiA ST 7'118 MINIMUM DHPOSIT. 9 API'LICA'1'ION 1'E ES ]0 RECREATION I'L'E I'IiR SU. I''1'. CONDITIONAL USH 5100.00 VARIANCE SI00.00 SFR 50.10 IIUMF SL00 SPIICIAL DHVHLOPMIINT DISTRICT fS00.00 SION 520.00 RES 50.15 I. ::~PA 51.110 MINOR SUBDIVISION f100.00 ADDITIONALO F f1U0.W :i AP/S 50.15 ;`i~ji:'':.; CC 1,2,J 51.00 MAJOR SUBDI VISION 5500.00 CONDO.CON VH 1 5500.00 :i RC 50.30 I':;. ;ii; _5;; ;?;::I CSC 51.00 SINOLH FAMILY SUBDIVISION f200.00 UUI'LI?X SUBDI Y 5100.00 LDMF f0.J5 ~,~;.;i;:°::::;>~ i~:: 115 f 1.00 SBCONOARY UNIT 5100.00 REZONE 5200.00 MUMF 50.70 ~'~:i:i:+>%Z;;~ii~'~~~: ~~A f0.10 .::~~.:r:.;:.:::::~::~::.:::: O O IICT _ ~ SDD RATE OF DISTRI P CTA PLICAB LE TO DCNSITY F PR J TODAXSI?LCS::; :"i::::::5::`;ri:. RE VPNUE:TOTOWN>i?:: ii'?:i:: r:;i» -EIJICDING?;Ii:;::.;i PGAN:..i<' :>i;iiPIAN<:i':` :'i:i';iPLAN;i<ii 'I:i:'%' ELEC!%;:':, i::i: PLUMDa:;:<;::;:: I I MFCH DESIGN:". PERMIT I. :':CHECK < CHECK ~ CHECK;:. 9 PERMIT > PP,RMIT :PERMIT ~ REVIEW'• FEP.` EUILDINC~` ,:PL11M13 MI?CH. 1 FFF '':FEE ~ FFE s `FEE">:' 5161,163 I 589,874 I SO I TOI 535,207 I 520,265 ~ (36,066 ~ 510,155 ~'G'CAfS::::::::::':~ 5352.73(1 NEWa?CE 199.1: ; REVENUE>'fO TOWN TOTAL PERCENT OF INCREASE OVER TODAYS FEES 31% PERMIT ;BIJ11?)ING ~ EUtLDING:i~:..C!UME I ..iMI1CCK ( aFKMII ~ IEIRCIT ~ .lM ~Ill~` ~ ~TLILW.:> FLE:: rFLC - - T192,172 I T124,912 I 56,626 I SIO,l7S I 535,909 I 530,428 I 548,126 515,185 ~:~:Q.':I=,E1i':~::~i~3:~~ 5463,532 INCREASED REVENUE 531,009 I 535,038 i 56,626 1 570,175 1 T7021 510,163 1 512,060 ~ 55,030 S 110,602 r 19%I 39°l0l N/A I N/A I 2%I SO%I 33%I 50% EXAMPLE i ANEW RES, l1NDER TO DAYS FEES. "BUILDING..~::"SQ,`FTSpF;':I<:-~>:"~:;:;::ii%~i~'~i~i~"i"~~~~~~;YAGIlAT10NS'i'is"~:':`;.>:»~%':COST:~OI?i.~~~:. U ~ .:e ~ ~ ~ . R .ILDINCr< PL'UIv1t31NG ; ML•CHANIC.AL LLLC.LI;ICAL 1 LUMEING "MCCIIANICAL ' : D(t6 ..'(OTAL'J COST 110ME I ' ELEC: I> PLUMB: I MECH' 'p PEIt'M1T I Pl'AN C(IFCK I !'I AN C111'CK I' I'I AN CFiLCK I 1 FRMIT CERMIT P[3RNIIT FEES ISLES f!0(,0001 7,821 E21,S00 514,500 fS6,500 52,75A 51,179 N/A N/A 5369~~ T145~~~~~ fR4RI f200~~~~~" 55.099 EXAMPLE 2 ANEW RES. UNDER NEW FEES AND NOT A FASTTRACT. EUILDING " SQ FT;,OE'I'.<ii''i;:::;;: ' ':".;::"VACUATIONS';!::»;:;..;.: ::Ii::,i;COST;;"OR;; ;I3UILgINCr` ? PI:UMEING:'::MECHANICAL ELF CfRICAL PLUMEING MCCHANICAL DRD TOTAL.. COST. HOM&:i ,'ELF(:,:: ;PIaJM13 ?MCGH PI3RIafIC PIANCHECK PP;AN'CIIECK: a'L:AN'CHC:CK PI'RMIT:. PIiRMIT...:.:rPERMIT.. I :>fEES ~GL~S: 5606,000 7,821 " ~ 521 .500 514,500 556,500" 52664 E1,732 554 (283 ~ (322 ~ ~ 5218 ~ 51,130 5300 T6.703 PE RCENT OP INC: RHA.SL'OVI?R EXAMPLE 1 13% 47% N/A N/A -13% 50% 33% 50%~~~~~:~:::::-31% I EXAMPLE 3 ANEW RES. TINDER NEW FIiES AS A FAST TRAIT. F3UILnING;[ ;$Q_ rT'OE;iI?'v':i VALUATIONS ir;ii;;' :::ii`, - ~ ( COST OI? BUILDING > l'LUMEING.::: MECIIANICAI LLCLlRICAL PLUMEING.. MECHANICAL DRE : 'TOTAL: iCOST : < HOMEJ:. ....E000 PLUM13i :::MCCIi.::: <';:PERM1'P.: PLAN CHL•GK PLAN`CIiECK :.PLAN CHI'CK.: all RMIT.i;, . B~R'MIT :.'PERMIT.- fEES': I TEES::: E606,000 7,821 521,500 EI4,500 (56,500 52,664 52.664 S.S4 T1_R_l T322 5218 T1,130 5300 T7163S iii RCE NT OP INC RI3 ASE OV13R L'XAMPLE 1 13% 1259( N)A ~ " 1 N/q ~ -13% 50% 33% 50% 50%' ~ 304 UNIFORM BUILDING CODE - j - Fees . Sec. 304. (a) General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdic- - t tion. - (b) Permit Fees. The fee for each permit shall be asset forth in Table No. 3-A. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all" . construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire- extinguishing systems and any other permanent equipment. (c) Plan Review Fees. When a plan or other data are required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table No. 3-A. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table No. 3-A. (d) Expiration of Plan Review. Applications for which no permit is issued - within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be ex- tended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (e) Investigation Fees: Work Without a Permit. 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Table No: 3-A. The payment of such investigation fee shall not exempt any person from compli- - - - - ancewith all other provisions of this code nor from any penalty prescribed by law. . (f) Fee Refunds. 1. The building official may authorize the refunding of any _ fee paid hereunder which was erroneously paid or collected. ~ ~ ~ 2. The building official may authorize the refunding of not more than ~80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. The building official may authorize the refunding of not more than 80 ~ percent of the plan review fee paid when an application for a permit for which a . ~ ~ ~ ' ~ ~ plan review fee has been paid is withdrawn or canceled before any plan reviewing' . is done. 10 ~ .II . ' ; 307, 3-A UNIFORM BUILDING CODE (d) Temporary Certificate. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he may issue a temporary Certificate of Occupancy for the use , of a portion or portions of a building or structure prior to the completion of the entire building or structure. (e) Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. (f) Revocation. The building official may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this code whenever the . certificate is issued in error, or on the basis of incorrect information supplied, or ~ . when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. TABLE NO.3-A-BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $15.00 $SOl .00 to $2,000.00 $15.00 for the first 5500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $45.00 for the tlrst $2,000.00 plus 59.00 for each addi- tional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for' each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof $500,001.00 to $2039.50 for the first $500,000.00 plus $3.00 for each $1,000,000.00 additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $3539.50 for the first $ i ,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof Other InspectioRS and Fe:s: ~ ~ 1. Inspections outside of normal business hours $30.00 per hour* (minimum charge-two Hours) 2. Reinspection fees assessed under provisions of ' Section 305 (g) $30.00 per hour* 3. Inspections for which no fee is specifically indicated ..............................................$30.00 per hour* (minimum charge-one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans $30.00 per hour* ~ = (minimum charge-one-half hour) ~ ' ~ *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees ' involved. ~ ~ . 16 C _ _ ~ . ~ ~ ' 1985 EDITION APPENDIX TABLE N0.70-A-GRADING PLAN REVIEW FEES' 50 cubic yards or less No fee • 51 to 100 cubic yards $15.00 101 to 1000 cubic yards 22.50 . 1001 to 10,000 cubic yards 30.00 10,001 to 100,000 cubic yards-$30.00 for the first 10,000 cubic yards, plus $15.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards-$165.00 for the first 100,000 cubic yards, plus $9.00 for each additional 10,000 cubic yards or fraction thereof. 200,00 t cubic yards or more-$255.00 for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yards or fraction thereof. Other Fees: Additional plan review required by changes, additions l~p,~~~•- or revisions to approved plans .$39-8~per hour* (minimum charge-one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE N0.70-B-GRADING PERMIT FEES 50 cubic yards or less $15.00 51 to 100 cubic yards 22.50 101 to -1000 cubic yards-$22.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards-$117.00 for the first 1,000 cubic yards, plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards-$198.00 for the first 10,000 cubic yards, plus $40.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more-$562.50 for the first 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours -$39~9~per hour2 • ti-.. _ . . (minimum charge-two hours) 2. Reinspection fees assessed under provisions of ~r{poQ~± Section 305 (g) ~ r$3~~9-per hour2 3. Inspections for which no fee is specifically indicated -$-39-86per hour2 r (minimum charge~ne-half hour) a ( i The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown fur the entire project. j . ~=1 ZOr the tutal huurly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, : ~ overhead, equipment, hourly wages and fringe benefits of the employees involved. ~ ~ 767 t TO: Planning and Environmental Commission j FROM: Community Development Department li DATE: July 11, 1988 i RE: Proposed Amendments to Section 18.52 of the Municipal Code pertaining to fees charged for parking requirements in Commercial Core I and II. In a recent work session, the Town Council directed the staff to j initiate an amendment to the parking section of the Zoning Code. Specifically, this amendment involves increasing the rates charged for new parking demand created by development in the Village and Lionshead areas. At the present time, the fees for development in these areas are $3,000 per commercial space and $5,000 per residential space. These fees are established in the Zoning Code within Chapter 18.52. 18.52.160 B.S. The parking fee for uses listed in Section 18.52.100, with the exception of dwelling units or accommodation units, shall be $3,000 per space. The fee for dwelling units and accommodation units shall be $5,000 per space. The Town Council will establish fee rates for uses not listed in Section 18.52.100. These fees are established as an element of the zoning code, and as such, require Planning Commission recommendation to the Council before action on any ordinance to amend these rates. Your recommendations will be passed along to the Council when they consider this ordinance on first reading at their July 19th meeting. BACKGROUND ON THIS FEE Provisions for paying in lieu of providing parking on site were first adopted in 1973. This step was taken to reduce vehicular traffic in the Core, while at the same time assuring that private develop^~ent shoulder some of the responsibility of providing parking for these two areas. Money paid into the parking fund is used for the sole purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. At the present time, the parking fund has a balance of $261,000 (as of 12/31/87). Following the payment of all current accounts, an additional $113,000 will be paid into this fund. While exhaustive research was not conducted as a part of this zoning amendment, the only substantial funds removed from the parking fund was approximately $56,000 for the purchase of landing mats at Ford Park. Assuming no additional withdraws or payments into this fund, the balance of` this account will be approximately $375,000 in 1991. The majority of projects that have paid. into this fund has been small remodels and additions to existing properties in the Village. While individually the number of spaces "sold" are small, cumulatively the numbers are considerable. While the staff has not kept a cumulative total of the spaces, it is estimated that between 100 to 140 spaces have•been provided by payment into this fund over the years. PROPOSED FEE INCREASE The Town Council has requested an increase to $10,000 per space regardless of whether the use is commercial or residential. This increase is based on the following assumptions: o Over time, the incremental increases in development results in an incremental increase in parking demand. o The private sector is responsible for bearing the responsibility of this increase of demand. o The premise of not encouraging additional vehicle trips into the Core areas should be encouraged to maintain the pedestrian experience. o At the present rates, the Town is essentially subsidizing development and the fees charged for parking spaces should be adjusted to more accurately reflect the costs of constructing structured parking spaces. o The proposed fee of $10,000 per space was essentially established by the Town Council. Their rationale for this fee is based on a number of considerations. Foremost among these are the general assumption that structured parking spaces cost in the area of $10,000 per space, that the estimated cost of the Vail Village Structure addition is expecteci to be approximately $8,000 per space (excluding landscaping, entry gates, and a few other features), and the estimates of , constructing spaces in a new structure in downtown Aspen range from $12,000 - 15,000 (it should be noted that Aspen's new Pay In Lieu Program charges $15,000 per space). T ' STAFF RECOMl~NDATION Staff would recommend approval of the proposed amendments. While the actual dollar figures could be debated, there is little doubt that the current charges are significantly less than cost involved in actually constructing parking. Staff agrees with the premise that the Town is no longer in a position to be subsidizing parking demand created by private sector development, and would support the rate increases that are proposed. • ~ Planning and Environmental Commission ' July 11, 1988 PRESENT STAFF PRESENT Diana Donovan Peter Patten Bryan Hobbs Tom Braun Pam Hopkins Rick Pylman Peggy Osterfoss Betsy Rosolack Grant Riva Sid Schultz Jim Viele The meeting was called to order by the chairman, Jim Viele. 1. A rec7uest for exterior alteration at the Hill Buildinq located on Lot L. Block 5C, Vail Village 1st Filing. Applicant: Blanche C. Hill Rick Pylman explained that the request was for a bay window of 225 square feet. The staff recommendation was for approval with 4 conditions, including the fact that the parking space that is partly on Town property be removed, that the awnings not be in place during the ski season, the ski racks should not be allowed the length of the display window, along with the usual stipulation that the applicant agrees not to remonstrate against any special improvement district that may be formed. Jay Peterson, representing Mrs. Hill, agreed with the staff with the exception of the removal of the parking space. He felt this was improper. Jay stated that in 1979 the staff felt that this was the best place for parking space. He felt that the requested exterior alteration was minor and did not justify eliminating the parking space. Jack Curtin stated that there was room on the other side of the easement to park a car, as well as other places on the property. Mike Staughton stated that sometimes he has seen the car parked in front of some gardens, and added that sometimes in the winter time there was a problem getting around the car. Grant stated that he was not overly concerned about the parking, but he was concerned about what was going to happen at the Golden Peak House and the space between the Golden Peak House and the Hill Building. Peggy felt that the addition would make the retail more visible and wondered if there would be some way to have some winter landscape. to avoid the appearance of coaxing out every possible inch of space on the property. Jack stated that if he put a tree on the property, it would block the view to the mountain and would be in a position to incur damage. Peggy suggested asking the Town to hand shovel snow in that area. She stated • ! nr that she had heard from others that the Town is allowing every 'r property to be waxed out, and just wanted to think of ways to make the property look more attractive. Jay replied that a bay window was a little different from a rack of clothes where people walk and added that Mrs. Hill continually upgraded the building. Peggy stated that the building looked very nice in the summer but she wanted to pass on her concerns. Bryan Hobbs stated that he would like: to see the ski racks gone and felt that the store would look stark in the winter, especially with 1-1/2 stories. He felt that the parking space was in an inappropriate place. He asked if the space was on private property and was told it was about half on private property and half on public. Diana Donovan said she had mixed emotions. She liked the summer facade, but not the winter. She admitted that the building was well kept up and appreciated the fact that Mrs. Hill would keep greens in the flower boxes in the winter, but wondered what would happen when Mrs. Hill was gone. She suggested the window be reduced by half and the other half be a planter. Diana felt the windows pushed too much into the narrow area, and felt the improvement. could be done just as effectively if the wall. did not protrude so far. Jack replied that the passage between the Hill Building and the Golden Peak Building looked block off anyway. Peter stated that the staff had looked at other options and felt it would be a good idea if about. 3 feet of garden could be saved as a compromise. Diana felt that this was almost like the Lionshead Center, where the PEC did not allow the applicant to build out to the property line. She felt the design needed more work and that the car looked "tacky." Jay stated that in trying to open up the whole area, keeping a 2-1/2 foot planter in the summer did not make much sense. Diana asked that one condition of approval be that the flower boxes be filled with flowers in the summer. Jack stated that they could put greens in the flower boxes in the winter with Christmas lights. Peter said that a condition of this type was nearly unenforceable. Diana asked the staff whether or not the DRB should vote on this specific exterior alteration, and Peter stated that the PEC would be approving the specific changes as presented. Sid felt the real problem has been the parking space. The , parking problem was discussed further. Peter explained that in 1979 when the garage was moved, the Hill Building was given a conditional use permit with the condition that two existing parking spaces on the east side of the building would be eliminated. Jack stated that there had been 3 spaces, and that 2 were eliminated. Peter asked for a written agreement permitting the parking space outside of the garage, and Jay Peterson stated that they were looking for one. Y Pam agreed with the idea of the planters. She added that the drawings did not reveal the extent the awnings protruded into the corridor, and this was of concern to her, because the corridor was 6 feet wide, but the awnings extended 4 feet. Peggy added that she also felt the awnings were a significant encroachment into the view corridor. Pam felt there should be something done with landscaping in the winter time, perhaps with barrels. Jim Viele agreed with the staff that the proposal did comply with the Urban Design Guide Plan intent. Jim felt that there was enough history regarding the parking space that the staff could work with the applicant on a better solution. Peter pointed out that without a written agreement, it was the staff's position to enforce the "no parking" on Town of Vail land in the core. Peter felt that this was a very important issue related to the streetscape in this proposal, and the parking is_not appropriate in this area. Without a written agreement, the Town would enforce the parking laws. Pam moved to approve the requested exterior alteration per the staff memo dated July 11 with all conditions except the one pertaining to parking. Bryan Hobbs seconded the motion and the vote was 5-2 in favor. 2. A request for an exterior alteration and for side and stream setback variances in order to expand the existing dining room and add an exterior deck at the Up the Creek Restaurant in the Creekside Building. Applicant: Up the Creek Restaurant The applicant asked to table this item until July 15. Hobbs moved and Donovan seconded to table and the vote was 7-0. 3. A recruest to. amend. Section. 18.52 of the Municipal Code regarding narking requirements. - Applicant: Town of Vail Tam Braun explained that the Council had directed the staff to research the cost of parking spaces and parking fees, and initiate. the process for fees to be changed from $3,000 per - space for commercial square footage and $5,000 per space for dwelling and accommodation square footage to $10,000 per space for both. Tom asked for a recommendation from the PEC for the Council's July 17th meeting. Peter added that in looking at ' the whole code on parking, a number of revisions are needed and they would be addressed as part of the upcoming parking study and code revisions. Jay Peterson felt that costs had gone up somewhat, but that he felt it was not the intention for the parking fees to pay the total cost of parking spaces. Jay stated that in the past, the . if payment was only a portion of what a space actually cost, not payment for the total cost, and the Z'own knew they were subsidizing parking. He reminded the: Board that the purchasers did not have any priority because they did not receive designated spaces. Jay felt that a f`ee of $10,000 would discourage many developers from improving their property. He felt that providing parking was one function that the Town should do. Peter Jamar felt that $10,000 was a little high and suggested that there be more research. His big' concern was that a parking study get underway. Pam Hopkins said that she did see developers who had a problem with the cost of development. Sid was not in favor of a flat $10,000, because it was as though the private sector had to take the full responsibility for providing parking for the Town. Diana felt the fee should be raised. She felt that those adding square footage should "tote their load." Jay felt that adding 300-400 square feet did not add a need for more parking. He felt that this would discourage upgrading of property. Bryan Hobbs wondered why the difference in the two original fees, and was told it was to encourage commercial activity. He did not feel that $10,000 should be charged, but felt he could support an increase. Peggy Osterfoss felt that there should be research done to find out many things, including which people were actually using the parking structures, which people are profiting most from the fact that certain people use the structures, etc. She wondered if the developers who added to their ]buildings were the primary beneficiaries of the parking spaces. Peggy supported a stop- gap measure of an,increas_e.un_til_the research could be done. She felt that the funding source for parking should be equitable. Grant Riva agreed with most of the. comments and felt more extensive research should be done on the cost of construction, and whether or not the developer shou:Ld bear the cost. Grant felt that to increase the fees withoui~ the research was slowing "strangling the goose that laid the golden egg." Jim Viele agreed with Grant and Peggy„ He supported some increase and wanted additional research on parking user patterns. Diana stated that parking studies could be done, and when the studies were done, she was not sure the studies would give any answers. She felt the fees should be increased. Pam felt the day skier had put a burden on the guest staying for a week. Tom summarized the comments of the Commission and stated that if the PEC did decide not to vote in favor of the $10,000 fee, they would want to know the reasons why. Ron Phillips felt the $10,000 number was easily justifiable in light of the studies and of the cost estimates of the Doubletree. Sid pointed out that the case of the Doubletree was a good example of a large developer who could not afford to build parking spaces at an estimate of $10,000 per space and wondered how a small developer could afford it. Jim pointed out that $10,000 represented a 330$ increase in the fee with an absence of parking studies. Diana felt it would be of interest to have a list of businesses who have paid into the fund, what they have constructed, etc. Motion by Grant Riva to recommend to the Town Council that the amendment not be passed as presented. Reasons cited for the recommendation were: 1) lack of documentation on parking space costs; 2) need to analyze parking user patterns; and, 3) a change in philosophy on who pays for parking in Vail. Second by Bryan Hobbs. Vote was 5 in favor of motion (of denial) and 2 (Diana and Peggy) against. The Commission's discussion continued and an additional motion was made by Peggy and seconded by Pam that PEC recommend raising the parking fee to $6,000/per space now, that a study be made to ascertain present use of parking spaces, what percentage of the cost of parking should be borne by the Town, and then decide if $6,000 should continue to be charged, or whether it should be changed. Added to the motion was a -suggestion from Pam that in conjunction with a fee increase, consideration should be given to assuring the purchaser the right to use the space. The vote was 5 in favor, 1 (Diana) against, with Hobbs abstaining to add these comments to the PEC's formal recommendation. Kristan introduced Bob Krohn who updated the Board on the planning efforts for the 1989 World Alpine Championships. EAGLE COUNTY SCHOOL DISTRICT RE SOJ P.O. BOX 740 • EAGLE, COLORADO 81631 • (303) 328-6321 OR 949-5310 PATRICIA C. CONRAN SUPERINTENDENT September 17, 1990 Kent Rose, Mayor Town of Vail Vail, CO 81657 Dear Mayor Kent Rose: Colorado Revised Statute 30-28-133 (4)(a) requires that subdividers of land in residential subdivisions or portion of a subdivision intended for residential use shall "allocate and convey sites and land areas for schools and parks when such are reasonably necessary to serve the proposed subdivision and the future residents thereof." This letter is to request that the Town of Vail adopt a resolution that would provide land dedications or cash-in-lieu-of land dedications to the Eagle County School District when subdivisions are located within the town limits of Vail. The formula that is presently used by Eagle County is as follows: Sin¢le Family and Dunlex Units: Number of Units x .014495 =Dedication Requirements in Acres Multi-Family: Number of Units x .002676 =Dedication Requirement in Acres Mobile Homes: Number of Units x .022300 =Dedication Requirement in Acres When dedications of land are not feasible or appropriate, the Eagle County School District ilas used the above formula and a $5,000 per acre cost to calculate cash-in-lieu-of land dedications. Enclosed is a copy of the amendments to Eagle County's subdivision regulations. We request that the Town of Vail adopt similar regulations. I shall be happy to meet with your Council if you feel this would be helpful to your deliberations. Sincerely, /l7,~~000Q ~6~L~- Patricia C. Conran Superintendent yC~ ~ \ \ ~ ~ towo of nail 7 75 south frontage road office of community development veil, Colorado 81657 (303)479-2138 (303)479-2139 October 25, 1990 Ms. Pat Conran Superintendent, Eagle County School District RE50J P.O. Box 740 Eagle, CO 81631 RE: Letter dated September 17, 1990 concerning La ications to Eagle County School District ~ Dear Pat: I wanted to let you know that the Town Council will be discussing the issue of fees and review processes within the Town of Vail Community Development Department in late November. At that time, you may wish to present your request that the Town adopt a resolution that would provide land dedications or cash in lieu of land dedications to the Eagle County School District. I will let you know when this issue is going to be presented to the Council. At that time, we can coordinate your presentation with our proposal. If you have any further questions please feel free to contact me at 479-2138. You may also want to call me mid Navember just to follow up on the specific date for the meeting. Sincerely, t ~~5 n Kristan Pritz Community Development Director KP/PP cc: Ron Phillips ~ 1 AMENDMENTS TO THE EAGLE COUNTY SUBDIVISION REGULATIONS AS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS 14 October 1980 - , f ~ ` . • ~ Amendment to: - Page # Section 3 1.08.02 Addition of; (j The property division is for the purpose of perpetual open space. 5 1.17 Amended to Read; - _ DEVELOPMENT REVIE4I TEAM An interdisciplinary review team advisory to the Board of County Commissioners thru- the Secretary composed of representatives from local, state and federal agencies, 7 2,06 EXEMPTION Delete present (a) thru (e) and amend to read: (a) Rural tiomesite provision of Section 3.01.02(7) • of the Eagle County Zoning Resolution. (b) The subdivision is for the purpose of changing the size of an existing lot or parcel and does not create an additi-oval bu ilding site. 13 3.06.04 Delete entire paragraph regarding School District 13 3.06.04 New paragraph to read; • Notice of the date and time of the hearing of the preli:mi.nary plan by the Planning Commi.ssi:on shall be sent to the subdivi:~der, the record owners of land contiguous to the subdivision and any other party which has requested to be notified of such proceedings, at least five(5).da;ys prior to the date set for such hearing. 17 3.10.02 Amended to read as follows: As improvements are completed, the Subdivider may apply to the Board of County Commissioners fora release of part or ail of the collateral deposited with said Board. A REGISTERED ENGINEER SHALL BE REQUIRED TO CERTIFY THAT Ih1PROVEMENTS ARE CONSTRUCTED IN SUBSTANTIAL COP~PLIANCE 6•lITH TIaE FINAL PUBLIC It'••iPROVEP~iENTS ORAI~IIiJGS. Balance of paragraph wi17 remain the same. 18 4.01.02 IPdFORP~ATION: Amended to read: A letter from the subdivider requesting sketch plan review accompanied by check in the amount of the require fee, a SUBDIVISION '~UAIMARY FORh1 and those requirements listed in Section 4.01.04 above. 19 4.02.01 PRELIMINARY PLAN: Amended to read: Add near sentence after "component parts of the subdivision. THE APPLICATION FOR PRELIMI"dARY PLAPd SI'OUL Bc ACCOt•1PANIED BY A SUBDIVISION SUi•1MARY FORM. Balance of paragraph will remain the same. { Amendment to: Page n Section ~ Addition of: 21 4.02.01 (m) School Land Dedication or Cash in Lieu Thereof. Pursuant to Section 30-23-133 (4) (a), C.R.S. 1973, as amended, the subdivider of land in each residential subdivision or portion of a subdivision which is intended for residential use, shall allocate and convey for school purposes that portion o.f land required by the application of formulas set forth below: Single Family and Duplex Number of Units x .014495 = Dedication Requirement in Acres. Multi-Family Number of Units x .002676 = Dedication Requirement in Acres. Mobile Home Number of Units x .022300 = Dedication Requirement in Acres. At the option of the Board, the subdivider shall, in lieu of such conveyance of land, pay to the Board, in cash, an amount equal to the present value of the raw land. Raw land excludes utilities streets, or other improvements. t~Jhen land is dedicated, it shall be that which is useable by the respective School District for the intended purpose, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County r"or the School District until required by the School District, tJhen money in lieu of land is required, it shall be held by the Board for the acquisition of said school sites or land areas. Payment of dedication shall be made orior to or at the time of approval of the final plat. Said subdivision school dedications shall apply only once to the same land area. Dedications shall not be required of resubdivisions of the same land - when a dedication has previously been made. If the Board and the Subdivider fail to agree on the present value of the land, such value shall be fixed and established by a qualified appraiser tli~o is a member of the ~~1.A.I. selected by the Board and the Subdivider. If the Board and the Subdivider are unable to agree upon an appraiser, each shall receive an appraisal from an P~9.A.I. appraiser and the average of the two independent appraisals shall be the present value. The Board and the Subdivider shall equally share in the cost of such appraisal. The Board's half of said cost shall be paid from funds received. Amendment to: ~ Page # Section # 26 4.03 FINAL PLAT REQUIREMENTS: Amend last two sentences to read: Scale of the Final Flat shall be consistent with that of the preliminary Flan. Five copies of the Final Plat and supplemental information shall be submitted to the Secretary on the first working day of the month in which it is to be heard. The original mylar must be submitted on Monday of the week of the Planning Commission hearing. A SUBDIVISION SUh1MARY FORf~1 should accompany applicatic?n for Final Plat. 26 4.03 (a) Amend second sentenc:e to read: Bearings, deflection angles, arc lengths, CHORD BEARINGS, CHORD LENGTHS, tangent distances and central angles of all curve shall be shown. Balance of paragraph will remain the same. 28 4.03.02(d) Add new sentence to paragraph. The above referenced dra~vings shall be labelled as Final Public ImprovE~ments drawings and shall have a signature block for the Board of County Commissioners. 28 4.03.02(f) Amended to read: Adequate evidence o1= water in sufficient quantity for both domestic and ir•riaation use which shall be transferred to a legalVentity which shall be established to operate such system. 28 4.03.02 Add (g) Sho~t~ compliance tivith 4.02.01(m) regarding School Land Dedi cati on or crash i n 1 i eu t~iereof . 35 5.03.02 FLOOD PLAIN DEFIPIED: Amended to read 100 year flood plain is defined as that area that can be anticipated to be inundated by the 100 year frequency storm. DELETE REMAINDER OF SECTiO~! Also see Flood Plain Regulations ( SUBDIVISIOPd SUP"P1ARY FORP1 . ~'v (1) Name of Subdivision (2) Stage of Subdivision Sketch Preliminary Final Plat (3 ) Property 0~•~r:er _ Name Address Tele. Number (4) Subdivider Name Address Tele. Number (5) Designer Name Address Tele. Number (6) Location of Subdivision To4rnship Range Section Quarter Section (7) Project Information Housing Type Number of Lots Plumber of Units Lot Size Single Family Duplex Multi Family (8) Total PJurber of Dwelling Units (9) Total size of project (10) Size or dedicated open space (11) Proposed source of tirater f (12) Proposed r^ethod of ~aast~ disposal (13) Adjacent Praoert~: (hrners (if more space is needed please attach to this form) i•lame Address Flame Address Name Address Nave Address r 208297 Recorded at 1:30 P.?I. October 29,1930 • ~ Fee ~ @ook 3l`1\_ Recorder; Johnnette Phillips Eagle County P,ge 9i9 RESOLUT I Gt7 - OF - - - THE BOARD OF COUt1TY CO?ir1iSSI0r1ERS " ' _ COUr1TY OF EAGLE, STATE OF COLORADO - - RESOLUTION N0. ,,P~ -5R _ A RESOLUTIOP! READOPTIA:G APID ArfENDIr1G THE :iUBDIVISIOH REGULATIOrIS OF THE COUidTY ~ OF EAGLE, STATE OF COLORADO, 1972, AS A;;EtyDED, _ 41HEREAS, Sections 30-28-110, 30•-28-I33 and 30-28-137, respectively, C.R.S. 1973, as amended, provide for the edoption and amendment of all sub- division plans and plats and the adoption and amendment of regulations governing - such plans and plats by the Board of County Commissioners: and 41HEREAS, on 3rd day of Sept. lg 80 ,the Eagle County Planning Commission did consider amendments to the Subdivision Regulations of the County ~.~~;~:,w ~ of Eagle, Colorado, 1972, as amended, as set forth in Exhibit °A", attached >vy.:~.:~-. - - hereto and incorporated 'Herein by this re~ferer.ce; and " LdHEREAS, on the~n~,day of Oct. 19 8~, a public hearing ~•~as ' - - held before the Board of County Co:.r!issioners, County of Eagle, State of , ! Colorado, to consider the adoption of the amendments set forth in Exhibit I _ ~~A~~ and 41HEREAS, notice stating Lhe time and place of the public herring alas duly given by one publication in a newspaper of general circulation in - - - - - the County of caole at least thirty days prior to said public hearinc; and i. bIHEP.EAS, the Board of County Co:^•missioners has determined that ~ - such ar::endn!ents to the Subdivision Regulations are necessary and designed for the purpose of pro^otirg the h!^al;h, sarety, morals, cor!venience, order, -1~~..~_,~,~ V~_ ~ prosperity, and welfare of the present and future inhabitants of the County of ~ >•---tom-~ Eagle by establishing minimum standards for the design and d?velop^.e^t of ~ subdivisions. x7011 fHER'cFORE, be it resolved by Chi Board of County Commissioners, County of E~gie, State of Colorado: rl{pT, L`:? Subdivision Pe-uiations of the County o~ Eacie. Colorado, 1972, as rr:ended. i; hereby an~ndCd as set forth in C,.hibit "A". ~..a . ~ ~ . r . - THAT, the entirety of the Subdivision P.eaulations of the County of Eagle. Colorado, 1972, as amended, and as herein amended, is hereby readopted. THAT, this amendirent and readoption of the Subdivision Regulations of _ the County of Eagle, Colorado, 1972, as amended, shall not constitute or be ~.`-,,;,,,~';-~,s,:-•! construed as a :~aiver of any violations existing at the time of adoption :+=,.-r•-~:-~ of this Resolution. - THAT, any subdivider, or agent of a subdivider, :vho transfers or - _ sells or agrees to sell or offers to sell any subdivided land before a final _ _ _ plat for such subdivision land has been approved by the Board of County Lonm- - issioners and recorded or filed in the office of the County Clerk and Recorder - is guilty of a misdemeanor and, upon conviction thereof, shall be punished by - ~ a fine of not more than five hundred dollars for each parcel or interest in - subdivided land which is sold or offered for sale. _ THAT, the Board of County Commissioners has the power to bring an _ - _ action to enjoin any subdivider from selling, agreeing to sell, or offering to _ sell subdivided land before a final plat for such subdivided land has been approved by the Board of County Commissioners. . G.ia~.TG.s.~%3i Ala. c3:i:W i. ~ ~hii~q~~_ THAT, should any section, clause, provision, sentence or ::ord of _ this Resolution, including the attached exhibit, be declared by a court of the I _ corpetent juri;dirtion to be invalid, such decision shall not arfect the validity of this Pesolution as a ~.vhole, or any parts thereof, other than the I . part so declared to be invalid. For this purpose, this Resolution is declared i to be severai~le. _ THAT, this Resolution is necessary for the health, welfare and - safety of the citizens of Eagle County. ~ THAT, the provisions of this Resolution shall be dees~°d in full torte - and effect on the ~q day of !'j~~ 19_ya . h0`iED BEAD A~:D Uh:A;I~SOUSLY ADOPTED by the Board Of f_ovnty Commissioners, County of Eaaie, Colorado, at its regular meeting held this day of _r^~~, ` 19 ~r . CUUi1TY OF EAGLE. STATE vF COLOk.4DC By and through its BUARU CF COUiITY CC.?:ISSIG;ERS BY: ~ Da~l~ F. ;rant;, Chairman i dTTE:iT: ~ Uan I',111idm5, lOnaarSS~Cn2r BY • ~ Cierr, of ;n•' t;oarn cr / Count '-.:_t7_'..: ' y Cc:-:~ssicners se.th :roxei, loa^is~~oner f . - AMENDMENT TO THE SUBD I V I S I nN RT;G~ULATIONS !1d~ptc~d 1:1 Apri 1 1951 Page ~ School Land Dedication or Cash in Lieu Thereof. 21 Pursuant to § 30-2R-133 (~i) (a), C.R.S. 1973, as amended, the subdivider of land i.n each Section ~ residential subdivision or portion of a 4.02.01.(m) subdivision which is intended for residential use, shall a] locate and conve~~ sites and land areas for tichools when such are reasonably nee.c~ss<try t.~ sc~rvc~ the proposc~~d stthdivision and thc~ future residents thereof, by the application of formulas set forth bc~lot~~: Single Family and lluplex Number o f tln i t;s \ . 01.~1~195 = Ded i r.at i on Requ i remc~n t in acres Multi-Family Dedication Requirement Number of t,nits X .002676 in acres 11o1~i 1 Ile>mc` = Dedication Requirement Number ~f Units X .0223300 in Acreti 11'hen land is dedicated for the purpose of pr~vi d i nk, a scltc~~l sit;c , i t. tih~zl.l br:. t.hat which is usc~ahle by t:he respective School District for such purpose, and shall be maintained by the School District i.n a reasonable manner until developed. Said land shall be held by the County fir the school District until. required by the School Dist.ric.t.. Ln the event. that the School District determines subsequent. to Dedication that such school site is not reasonably necessary, the Hoard may , ai: the regttest of the School District, sell. such land. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future re~;idents thereof, the Board with recommendation; from the School District. and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the full market value of such sites and land areas for schools. c Full market value shall. mean the current market value of unimproved kind. Thies ualue ~hal.l. be set annually by the Board of County Commissioners on an acre basis with recommendations from the School District. The srtme v;tltic~ leer ac~re~ shill be used thrgt~gl~out the County. If a subdivider doeti not agree with the value per acre, such subdivider can submit. a. report by a qualified appraiser, who is a member of the M.A.I., which establishes a new value. The Board of County Commissioners shall review such report and determine of said value is reasonable. Based upon their review, the Board will determine the value of such land. S9hen money in lieu of land is required or when moneys have been uaid to the Board from the sale of such dedicated sites for schools, it shall be held by the Board for the acquisition of reasonably necessary sites for the contitruction of school facilities or employee housing, for the purchase of housing units for the School District employee housing, or for the development of said sites. If hottsin}; units are purchased, a deed restriction restricting their use to School District employee housing shall be required and ownership shall remain in the name of the School District. Said subdivision school dc~dicati.on shall apply only once to the same land area. Dedications shall not be required of resubdivisions of the same land when a dedi c:tt i on h;tti prc~vi Doti] y l~r.<~n made . APARTMENT LEASE * of Occup. Date of Lease 'beginning ~ Term of Lease ~ Ending' j Monthly Rent Security Deposit' II F/UNF f: • ~ (ill 1, F r; rs^ T< l N 1 i /(,n ~ i~/1 /Gift I ,/=.il/~.1 I ri5. ) I T (PER UNIT) E , " Tuur~ Gf Yai~ N E-1-2-3-4-6- -8-9-18-11 T UTILITIES: Lessor will famish the following utilities: ' ~ ° Tenant sfiail pay directly to utility company alt other utility charges. AN utijities shah be used only for ordinary household purposes. The apartment will be oxuPied by: (Print) Adtlresa for the return of any deposit: Street C'aylStete Tap LEASE AGREEMENTS AND COVENANTS t. RENT: Tenant shall pay to the Lessor at Me shove address (or such other address as D. Nothing herein contained shelF in the event of fire, sxpbsion or other casually impose upon Lessor may designate in wrhing) Me monthly rent set forth IN ADVANCE ON THE tsl DAy OF lessor any obligation to make repairo which are more extensive m different from Mose required by EACH MONTH during Me term ai this lease or any renewal Mereot. A late charge of 52.00 per day the provisions of Paragraph 14 of this Lease (Fire 71 Caaualy?. after the first of each month will be assessed for each day Mereatter, untll Me rent is paid in full. 7, TENANT TO MAINTAIN: Tenant convenents to the following obligations during 2. POSSESSION: At the commencement of the term of Mis Lease, Lessor shall deliver the term hereof: possesion of Me Apartment to Tenant. If Lessor fails to do so within ten (t0j days from the date A, Comply with all obligations primariy imposed upon Tenant by applicable provisions of building Mereot, this Lease shalt terminate unless reaffirmed in writing within en additional five (5) days by end housing codes materially affecting health and safety. Tenant. It is understood Me decorating, it any, to be performed by Lessor shall not be a condition B, Keep Mat part of the premises that Tenant occupies and uses dean, sate and sanitary. pmcedent to possession or rent. C. Dispose from the dwelling unit ell ashes, rubbish, garbepe and Other waste in a dean and safe 3• APPLICATION: The application and general instruction sheet for this lease end ell repre- manner. sentations and promises contained therein are hereby made a pert of Mis Lease. Tenant warrants D. Keep all plumbing fixtures in the dwelling untt m used by Tenets as dean as Meir condition Mat Me information given by Tenant in Me application is true. If such information is false, Lessor perntts• may at Lessor's option terminate this Lease by giving Tenant not leas than thirty (30) days prior E, Use in a reasonable manner all electrical plumbing, sanitary, heating, ventilating, air- written raCxxr, which sheN be Lessor's sole remedy. conditioning and other facilities and appliances, including in Me premises. 4. PROMISES OF THE PARTIES: The terms end conditions contained herein shall be Con F. Not deliberately or negligently destroy, deface, damage, impair m remove a pert of Me premis- es, or knowingly permit a person to do so. dusivety deemed to be Me agreement between the Tenant and the Lessor acid no modification, G. Conduct himself or herself in a manner Met will not disturb a neighbor's peaceful enjoyment of waiver or amendment of this Lease or any of its terms, conditions or covenants shall be binding the premises. upon the parties unless made in writing and signed by Me party sough to be bound. H. Nof place in the Apartment or Building any fumhure, plants, animals, or any other things which 5. SECURITY DEPOSIT: Tenant has deposited with Lessor Me Security Deposit in the harbor insects, rodents, or other pests. amount set forth above for the performance of each and every covenant and agreement to tx3 1. Keep out Of the Apartment and Building materials which cause a fire hazard or safety hazard and performed by Tenant under this Lease. Lessor shall have the right, but nM Me obligation, to apply comply with reasonable requirements of Lessor's fire insurance Cartier. Me Security Deposit in whole or in part as payment of such amounts as are reasonably necessary to prevent any person in the Apartment or Guiding wits Tenant's permission from violating any of remedy Tenant defaults in the payment of rent or in the performance of the covenants or agree- the foregoing Tenant obligations. Tenant shall not softer m commh any waste in or about the Apart- ments contained herein. Lessor's right tO possession of Me Apartment for ripn-payment of rent or mats or Building and shall at Tenant's expense keep the Apartment in good order and repair (except arty other reason shalt not be affected by the fad Mat Lessor holds seeuriry. Tenant's liability is not to the extent Lessor has in the Lease agreed to do so). On termination of this Lease, Tenant shall limited to the amount of the Security Deposit, return the Apartment to Lessor in like condition, reasonable wear excepted. Lessor shall give Tenant written notice of the application of the Security Deposit or any part In addition, if the dwelling unit is other than a single family residence, Tenant shall peRorm those thereof within Mirty (30) days of said application. It Me application is on account of maintenance repairs, maintenance tasks, aherations or remodeling ea shell be specified in a separate writing repairs or replacements necessitated by Tenant, said notice Shall include the estimated or actual signed by the parties and supported by adequate consideration, and Landlord shall not treat per- cost of Me same, attaching estimates or paid receipts. Upon receipt of said notice, Tenant shell ai formance of such separate agreement as a condition to en obligation or a performance of this Rental once pay to Lessor an amount sufficient to restore the Security Deposit in full. Upon termination of Agreement. Mis Lease, tali of aIV amounts due and performance of ell Tenant's covenants and agree- 6, TENANT'S USE OF APARTMENT: The apartment shall be occupied solely for residential merits (including surender o1 the Apartment in eaordance wfth this lease), the Security Deposit or an portion Mereot remainin aria lied shalt be returned to Tenant within thirty (30) days of said Purposes by Tenant and those other persons specifically listed in the Application for this Lease. Y 9 PP Unless otherwise agreed in writing, guests of Tenant may occupy Me Apartment in reasonable termination and the receipt from Tenant of Tenants mailing address or delivery instructions, without numbers for no more than one (1) week each during each year of Term hereof. Neither Tenant nor interest except es provided by law. any of these persons shall perform nor permit any practice that may damage the reputation o1 or In the event of a sale, lease or other transfer o1 the Building, lessor may transfer or assign said otherwise be iryurious to the Building or neighborhood, or Ixa disturbing to other tenants. be illegal, Security Deposit to Lessor's grantee, lessee, or assignee: provided, said grantee, lessee m assig- or increase the rate of insurance on the Building. Tenant(s) agree to abide by the parking regula- nee by written undertaking addressed to Lessor assumes ell Lessor's obligations hereunder. Tenant bons which may be established from time to time by Lessor and to require guests to abide by the agrees to look to such grantee, lessee or assignee solely for the return of said Security Deposit. The parking regulations. Any violation by authorized or non authorized tenants or guests of the above provisions hereof shall apply to each and every sale, lease or other transfer of the Building. mentioned conditron shall be cause for immediate termination of this lease. No more than four (4) SECURITY DEPOSIT SHALL NOT BE DEEMED OR CONSTRUED AS ADVANCE PAYMENT parsons may occupy the apartment at any given time without the written consent of the Lessor. OF RENT FOR ANY MONTH OF THE LEASE TERM. SECURITY DEPOSIT OR PORTION 9. ALTERA770NS, ADDITIONS, FIXTURES, APPLIANCES, PERSONAL THEREOF TO BE RETURNED, IF ANY, WILL BE MAILED TO THE ADDRESS DESIGNATED ppOPERTY: Tenant shall make no alterations or additions nor install, attach, wnnect, or maintain HEREINABOVE. in the Apartment or any part of the Building, interior or exterior, major appliances or devices of any 6. LESSOR TO MAINTAIN: kind whhout in each and every case the written consent of the Lessor and then, it granted, only upon A. Tenant hereby declares that Tenant has inspected the Apartment, or wilt inspect the same Me terms and conditions specified in such written consent. All altercations. additions and fixtures within twenty-four (24) hours of signing this Lease and all related areas and grounds and Mat (including security devices) whether temporary or permanent in character made by Lessor or Tenant is satisfied with the physical condition thereof. TENANT AGREES THAT NO REPRESENTA- Tenant, in or upon the Apartment shall, unless otherwise agreed or unless Lessor requests their TIONS, WARRANTIES (EXPRESSED OR IMPLIED) OR COVENANTS WITH RESPECT TO THE removal, become Lessor's property and shall remain in the Apartment at the termination of the CONDITION, MAINTENANCE OR IMPROVEMENTS OF THE APARTMENT, BUILDING OR Lease without compensation to Tenant. The foregoing, notwithstanding, neither Lessor nor Lessor's OTHER AREAS HAVE BEEN MADE TO TENANT EXCEPT THOSE CONTAINED IN THIS LEASE, insurance carrier shall be liable to Tenant for the replacement of such alteration, addition, or fixtures THE APPLICATION, OR OTHERWISE IN WRITING SIGNED BY LESSOR. A COPY OF SAID im Me event of casualty loss unless Tenant notifies Lessor of Me replacement value and pays as STATEMENT OF UNIT CONDITION AND SECURITY DEPOSIT RETURN IS ATTACHED HERETO etldhional rent the resultant premium increase it any. If Lessor shall permit or demand removal. AND INCORPORATED HEREIN TO APARTMENT LEASE. Tenant shall put that part of the Apartment into like conditions as existed prior to the installation of B. Lessor convenants that it will maintain the Apartment to Me following standards. such alteration, addition or }fixture. (1) Effective weather protection, including unbroken windows and doors; 10. ACCESS: Lessor reserves the right in accordance herewith to enter the Apartment in (2) Plumtring facilities in good working order. order to inspect same, make necessary or agreed repairs. decorations, aherations. or improve- (3) A water supply which either under Me control of the Tenant is capable o1 prductton hot and merits, supply necessary or agreed services, or exhibit the Apartment to prospective or actual pur- cold runningwater, famished to appropriate fixtures, and connected to a sewerage system. dtasers, mortgages, tenants, workmen, or contrectms, or a5 is otherwise necessary in the operation (4) Heating (and, it famished, air conditioning and ventilation) facilffie5 in good working order and or protection of the Building, its components or persons therein. At lessor's discretion, Lessor which, if under the control of Me Tenant, are capable of produdng, or, if under Me control of shah be provided with and may retain and use Copies of any keys necessary for access to the Me Lessor, produce heat (and, B famished air condhioning and ventilation) in fixtures pro- Apartment. In the event of apartment or actual emergency, Lessor may enter the Apartment at any vided (and no other) within reasonable accepted tolerance and during reasonable hours. (tn time without notice. Written thirty (30) days prim to the end of the term hereof, otter a single general Me case of heat, minimum tolerances Shall be those established by municipal Code). notice, Lessor may as often as necessary show the Apartment for rent between the hours of 9 A.M. (5) Gas and or electric appliances which are supplied by Lessor in good working order, and and fl P.M. on not less than I S-minute specific notitre h Tenant m another person is in the Apartment appropriate gas piping and electrical wiring system to Me extent existing in Me Building without limitation to days. If the same is impractical or refused. Lessor may enter the Apartment after ~ maintained in good working order and sate condition; 24 hours notice and Doty during the period of 9 A.M. to 7 P.M. Monday through Saturday. (6) Building, grounds and areas under the control of the Lessor in clean, sanitary and safe 11. ASSIGNMENT, SUBLETTING, ANO RELETTING: Tenant may substitute a now tenant condition free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; fm the balance of itxa Term provided'. (7) Adequate and appropriate receptacle(s) for garbage and rubbish, and, if under the contrd A. Lessor consents to the prospective new tenant, and of the Lessor, in clean conddion and good repair; B. Tenant upon demarW pays: (6) Floors, stairvvays, and railings and common area in good repair; (i) 7n advance, Me deficiency if Me aggregate rent from the reletting for the balance of the (9) Apartment floors, walls end ceilings in good repair and safe Corx7hion, end Term hereof is less Man the aggregate rent Men remaining to De paid under this Lease, and C. his, however, understood and agreed that Apartments and Buildings ere physic8l structures (2) All expenses of reletting (if any) including decorating, repairs. replacements. commissions subject to aging, wear, tear, abuse, inherent defects, and numerous forces causing disrepair or endlor an ad,..:..:,,...,,..,atee for performing Me details attendant to such a transaction. breakdown beyond Lessor's reasonable control, and that components and skilled workmen ere not Lessor at its option may determine whether said transaction shall be in the form of a subletting always immediately available. It is further understood and agreed Mat for the most part LeSSOi s ..,:..d.,.,.....t m refetting. costs o1 operation are fixed and unavoidable and to permit rent abatement or damages to Tenant Lessor may at any time end for any reasons reject any prospective new tenant offered by Tenant would create an intolerable burden on Lessor, other tenants and surtounding neighborhood. It is, m by others provided, however, Mat if Lessor shall do so WITHOUT CAUSE, Tenant shall be liable Merelore, understood and agreed that LesSOi s delay in performing agreements set forts in 6B, to Lessor Doty for the deficiency and/or actual or estimated expenses described in B(1) and B(2) of interuptions in services provided by Lessor, breakdowns of equipment or disrepair caused by: Mis Paragraph 11 which would have been due from Tenant had the prospective new tenant (1) Conditions caused by Tenant members of Tenant's household. guests or other persons on accepted. Cause shall De deemed to be the failure, based on information and data made available the premises with Tenant's consent or other tenants; b the Lassen of such prospective new tenant to meet the aiterie wstOmarily employed by the (2) Tenant's unreasonable refusal of or other inter": . wfth entry of Lessor or Lessor's Lessor to evaluate the aceeptabiltty of prospects es tenants for Similar apartments in the Building. workmen or contractors into the Apartment or Building fm purposes of coreding detective During the last Mree (3) months of the Term, Lessor shall be obligated to accept an otherwise conddions; qualified prospective new tenant only if said prospective new tenant enters into a lease for a term for (3) Lack of reasonable opportunity to Lessor to correct defective ooriditiblts; which leases ere customarily offered for similar apartments in Me Building. (4) Conditions beyond Lessor's reasonable control, including strikes or bdeouta; Lessor has the duty to migrate Tenant's damages; provided, however, lessor may let other (5) Lessor's not having actual knowledge o1 such tlefectrve corWhitms; Or vecaricies in Me Building first before releffing Or subletting m attempting to relet or sublet the Apart- (6) Lessor's having exercised due care but such defective condition(s) continuing to persist, merit. shall be an absolute defense in any action against Lessor tOr breach of covenant based Tenant shell neither sublet Me Apartment rim any part tfMredf nor assign Mis Lease nor permit by upon Me duties of Lessor to maintain Me Apartment or Building. v . erry act Or default of himself or any person transfer to Tenant's interest by operation of law, nor offer (T) Condhions beyond the control of Lessor and all those conditions Created by en Act of God. tlts apartment or any part Hereof for lease m sublease exeel~ in accordance herewiM. Lessor's failure or inability to make repairs or provide services in any of the I~ described dr- 12. EXTENDED ABSENCE OR ABANDONMENT: Tenant shall notify Lessor of an antici- cumstances shall in no event corm the basis of any claim m let off im damages against Lessor nor a paled extended absence from it4B Apartment not later Man Me first day of the extended absence. An basis for an abatement of rent nor a cause for terminaton of the Lease. extended absence shall be defined as a period in excess of fourteen (t4) days physical absence by Tenant from the Apartment. An extended absence e8 defined herein without Me required notification to Lessor constitutes end shall be deemed an abandonment. 13. REMEDIES FOR ABSENCE, NONUSE AND ARAN v „ cNT: 20. RESIDENT TO INSURE POSSESSIONS: Lessor is not en insurer to TsnaM's person a A. 11 Tenant wdtfully fails to give nonce to Lessor of an antlcipated extended aD:;ence as provded in possessans. Tenant agrees that all of Tenant's person and , in the Aplartment or in Paragraph t 2. Lessor may recover actual damages Irom Tenant. the Building shall be at the risk of Tenant only, and that Tenam will carry such insurance as Tenant B. During an absence of Tenant in excess of fourteen 114) days. Lessor may enter the Apartment at necessary Hereafter. Tenant further agrees Mat except for instances of rfegliperlce a wiplfl times reasonabty necessary. misconduct of Lessor, its agents or empbyees. Lessor. it's egema and employees shell rid be liable for C. 11 Tenant abarWOns the Apartment, lessor herein, in addition 1o Lessor's, other remedies es any damage to the person or property o1 Tenant or any other person octxtpirg or vistting tl1e ApeRmMt : herein, may enter the Apartment and ad as Tenant's agent a peAonn necessary dewrating a Building, sustained sue b the Apartment or Building a any pert Hereof « any appurbrtaoe tllersof and repairs and to make reasonable efforts to rent the Apartment at a fair rental in accordance with He Fxecoming out of repair (as example and not byway o1 limitation, damage caused by water, snow, ia, InNms end - .5 Set IORh in Paragraph 11. Tenant Shall be tpnClUSlvely deemed l0 have aban• float, SIBam S8wer8gB. Sewer, gas Or odors, heflting, wOllrlg, elld Vemibting equipment bursting or d01Md any personal property remaining the Apartment, any storeroom. storage area. or garage area. bakvg P'Pes• faucets. and plumbing fixtures, mechanical breakdown or failure, ebcbical faikxe, Such property shall be rertaved, stored, and disposed of try Lessor as provided by law. sec;::.-, devices or mailboxes being misused a Oeoorrkng terttoporruity out d order, and II Lessor rents the Apartment br a term beginning prior to the expiration of the rental agreement. d is fire), due to the happening of any accident rn or about tits Building a des to enY actor negbcl of any . ~ t0 De terminated as Of the date the new tenancy begins. The rental agreement ns deemed to be other tenant a occupant of said Building, or arty Other peradn. terminated by me Lessor es of the Gate Lessor has notice of the abandonment. it the lessor fails to use 21. REMEDIES: rsasonabb efforts to rent the Apartment at a lair rental or it the Lessor accepts the abandonment as a A. All rights and remedies gwen to Tenant or to Lessor shall be distinct, seperl5b, and amulstive, arld surrender, if the tenancy is Irom month•to-month the term of the rental agreement la this purpose shall the use of one' a more thereof shall not exclude or waive any other right a remedy allowed by law, DB deemed to 1x9 a month. unless specifically limited or waived in the Lease. 14. FIRE AND CASUALTY: 8. Tenant's obligation to pay rent during the Term a any extnensidn Hereof of arty holdover tenarxy A. 11 He Apartment is onty Dartially damaged or destroyed by lire or casualty and is innabdable and the shall not be waived, released or terminated by me service of any three (3) day ratite, demand for Lessor makes lull repair within fi0 days. thrs Lease shall continue. pogseggion, notice o1 termination of tenancy, instgutbn of any actbn w fordbb detainer, . ~ . „ or B. II ttfe Apartment is damaged or destroyed by fire or casualty to an extent that enjoyment of the for any judgment Ior possession, a any oMer ad or acts resulting in terminatof of TenarR's rpM W dwelling unit is substantially impaired, the Tenant may immediately vacate the Apartment and notify possession' ' Lessor in venting within fourteen (14) days thereafter of the Tenant's intent to lerminale the Lease. in 22. TENANT'S REMEDIES: II there is a material _..__...,;iance by Lessor with the Lease, which case the Lease terminates es o1 the date of vacating and all prepaid rent and unepplied security Tenant shall deliver a written notice t0 Lessor specifying the acts and omissions constituting tfte brseUl deposit shall De accounted Ia pursuant to law. and that this Lease will terminate upon a date not less than thirty (30) days otter receipt of the rlWics g dte 15. TERMINATK)N AND RETURN OF POSSESSION: breach is not remedied in fourteen (14) days and His Lease shall terminate and Tenant shall wrtendal A. Upon the termination of the Lease whether by lapse of lime or otherwise. or' upon termination of 83 provitlnad in the notice subject to the folowing: Tenant's right of possession without termination of this Lease. Tenant shall yield up immediate A. If the breach is remediable by repairs or the payment of damages or otherwise, ertd it Lessor posessbn to Lessor and deliver all keys to Lessor at the place where rent is payable. or as otherwise adequately remedies the breach prior to the date specified in the ratite. His Lease shall not tertninab. directed by lessor. This mere retention of possession thereafter shall constitute a forcible detainer. B. Tenant may rrot terminate this Lease for a condition caused by the deliberate or negligent act d Lessor shall have He right antl Incense with process of law (and if Tenant abandons the Apartment. omission or Tenant, a member of Tenant's family, or any other pareon on the : ~ with Tenant's Tenant grants Lessor and Lessor shall have such rght and license with or without process of law) to consent. + enter tine He Apartment and to be returned He Apartment as of Lessor's formErr estate and to lake C. If this Lease is terminated. Lessor shall return all prepaid rent and security deposits ~.1.' by possession of the Apartment and to expel and remove Tenant antl any others who may be occupying or Tenant under law. within the Apartment and any and all property from the Apartment, without relinquishing Lessor's right to 23. LESSOR'S REMEDIES: rent or any other right given to Lessor hereunder or by operation of law. II Tenant abandons the ~ A. If there is noncompliance by TENANT with any of the terms of the Lease a Rules end Rsguattions - ApaRttlsrlS era teSSOi exerdse3 chi! right and license to eMef without process o1 law. Lessor may use_ listed herein. Lessor may deliver a written ralk~ t0 Tenem Spacitying He efts and omiseiorts wnstitN- ~ ~ such force as may be necessary without being deemed in any manner guilty of trespass. evidbn a trig the breach or ratlcompliance and this lease will terminate in accordance with the laws of the stasol forcible entry of detainer. Cobrado. If substantially the same ad or omission which constitutes a prior non-compliance Of which B. Tenant agrees that in the event Tenant fails to vacate the Apartment upon termination of this Lease notice was given recurs within six (6) months, Lessor may terminate this lease upon 9tatutOfy notice or Tenant's right of possession that: specifying the breach and the date of termination of this lease. (11 Tenant giving notice al intention to quit the Apartment at a time specified and holding over after B. II rent is unpaid when due and Tenant fails to pay the rentwithin three (3) daysahsrwnttennotioeby such time. and Tenant willfully holding over after the term, and aher notice to quit. shall pay Lessor of nonpayment. Lessor may terminate this Lease. double the amount of the rent during the time Tenant holds over and also pay Lessor's C. lessor may recover damages and obtain injunctive relief for n_.._.....~:iance by Tenets with this reasonable attorneys fees. Lease. II he prevails, Lessor may recover reasonable attorney tees antl costs. (21 Lessor at its sole option may. upon giving Tenant written notice. extend the team of this Lease fa D. If there is noncompliance by Tenant with His Lease, materially affecting health and safety Het nor a like period of time not to exceed one year at such rent as Lessor has started prbr to sad be remedied by repair. replacement or removal of a damgnad item or cleaning, and Tenets fait t0 comply terminatbn date: or as promptly as conditions require in case of emergency or within fourteen (14) days aher written rloriCe (3) If lessor tails to notity Tenant within forty five (451 days of said terminaton date of Lessoi s by the Lessor specifying the breach and requesting that Tenant remedy it within that period of time. electan under either t 1) or (2). Tenant's continued occupancy shall be for amonth-to-month Lessor may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit term. an itemized Dil for the actual antl reasonable cost orthe fair antl reasonable value o1 d es rem on the had (4) No action on non-action by Lessor except as herein provitletl shall operate a5 a waiver of date when periodic rent is due or if this Lease has terminatetl, for immediate paymem. Lessor's right to terminate this Lease or Tenant's right o1 posession nor operate to extend the E. St this lease is terminated. Lessor may have a claim for possesson and for rem and a sePareb term hereof. claim for actual damges for breach of this Lease and reasonable attorney's fees. Should this Lease be an amonth-to-month basis. Tenant may terminate this Lease only upon delivery 24. OTHER AGREEMENTS: t0 Owner of a written notice on or before the end of a monthly rental period to be effective only at the end A. The headings or captions of paragraphs are tar identification purposes onty and d0 not limit a of the immediately following monthly rental period, construe the contents of the paragraphs. 16. EMINENT DOMAIN (CONDEMNATION): It the whole or any substantial part oI the Building 8. `lessor" as used herein shall refer to the person, partnership, coporation or trust hereinabove set is taken or wrldemned by any competent authority for any public use or purpose. or if any adjeacent forth in that capacity. If such person t>a designated an agent. Lessor shall also refer to and include the property or street shall be so condemned or improved in such a manner as to require the use of any part principal Obligations and duties to be performed by Lessor may be pertormed by Lessor. its agrms of the Building, the farm Oldhis lease shall at the option of the Lessor or the Condemning authority be employees or independent contractors. Only lessor or its designated agent may amend or modify fhb terminated upon. and not before. the date when possession of the pan so taken shall be required for Lease or Lessor's obligations thereunder. such use a purpose and lessor shall be entitled to receive the entire award without appointment with C. AN rights and remedies of Lessor under this Lease, or that may be provided by law, may be Tenant. Rent shall be apportioned as of the date of Tenants vacating as the resole of said termination. exercised by Lessor in Lessor's own name individually, or in Lessor's name by Lessor's agent, and eg /7. LEASE BINDING ON HEIRS ETC.: All the convenants and agreements of this Lease shall legal proceedings for the enforcement of any such rights or remedies, including distress for rem, fordbb Ne binding upon and inure to the benefnt of the heirs. executors. administrators, successors. and assigns detainer, and any other legal or equitable proceedings, may be commenced and prosecuted to final of Lassa and Tenant. subject to the restrictions set forth in Paragraph 12 hereof. except that where judgment and execution by Lessor in Lessor's own name individualy, or by agent of any Lessor who is a ttrore are only one or two persons Hamad a remaining as Tenants herein. then in the event of the death principal. of one or both Tenant(s). the surviving Tenant and or the heirs or legal-represental'ives of the deceased D. Tenant agrees that Lessor may at any time and as often as desired assign or reassign all 01 its Tenant may terminate this lease at the antl of any calendar month within one hundred twenty (120) rights as Lessor under this Lease. days of said occurrence by giving Lessor not less than forty live (451 days prior written notice. E. The words "Lessor' and "Tenant" as used herein shall be construed to mean plural where necessary and the necessary grammatical changes required to make the provisions hereof appty a 18. NOTICES: Notices. including those provided by statute. shall be in writing and served by corporations or persons, women or men. shall in all cases be assumed as though in earn case lolly delivery. expressed. A. In person, or F. The obligations of two or more persons designated Tenant in this lease shall t1e joint and several if B. By both: there be more than one (1) party named as Tenant, other than children in a family, all must execute this (1) United States regular and. Lease and any modification or amendment hereto. (2) Certified or registered mad. postage prepaid. at the addresses shown for lessor and tenant at G. "Apartment" used herein shalt refer to the dwelling unit leased to Tenant. d1e beginning of this Lease or at such other addresses the party may designate to the other party by H. Tenant's occupancy of any storeroom, storage area or garage space in or about the Building shag written notice ~ ~ be as licensee only. Tenant understands that due to the construction, locatbn and use of storeroom, Notices served in person on tenant maybe served if leg with some person residing in or in possession storage area or garage spaces. Lessor cannot and shall not be liable for any loss or damage of or to arty of He apartment above the age of twelve (12) years and in the event of an apparent abandonment, then property placed therein. DO NOT STORE VALUABLE ITEMS IN SUCH AREAS. The termination of Hie notice shall De served by posting same on thedoor to the apartment in addition to B above. Informational Lease for any reason shall also serve to terminate Tenant's right to use such storeroom, Storage area or and statutory ratites may also be served by posting an the door to the apartment if allowed by statute. garage space. Notices served in person on Lessor may be served on any office employee or Lessor, or it Lessor I. "Building" as used herein shalt include the entire physical structure located at and about the address ram at his home, in the same manner as on tenant. hereinabove stated, including machinery, equipment and appurtenances which are a part Hereof, 19. RULES AND REGULATIONS: Rules and regulations as adopted by Lessx and set forth at the grounds recreational areas and facilities, garages and out-buildings, and other ap:.. buidinpa end of the Lease shallbe a part of tAis Lease. Tenant covenants and agrees to keop and observe these which form a wmplex owned and operated as a single entity. rubs and regulations. Tenant also covenants and agrees to keep and observe such further reasonable J. The invalidity or unenforceabitity of any provisions hereof shall not affect a impair any other rubs and regulations as may later by Dromulgated by Lessor or Lessor's agent Ion the necessary, proper provision. and orderly care of the Building (provided such later rules do not work a substantial modification of this K. Tenant acknowledges written notice of Town of Vail Ordinance rtes (Series of 1985). This ordinance Lease) identifies areas within the Town as areas of geologic sensitivity. Certain areas of He Valli Hi Apartments are located within these areas. The Ordinance and the studies and maps referred to in He ordinance ors available for public inspection at the office of the Community Development Depsrtment of the Town d Vail. Tenant hereby releases lessor from liability for any damages caused fry or resulting from obtaining geolpglG conditions. 25. SEVERABILITY: The provisions of this Lease are severable. If any provisbns herein ors held to be unenforceable, illegal, or against public poliq, all other provisbns shall neveRhebu RULES AND REGULATIONS continue in full force and effect. THESE RULES ARE FOR THE MUTUAL BENEFIT OF ALL TENANTS. PLEA:IE COOPERATE. 10. The water closets, basins and other plumbing fixures shall not be used for any purpose offer Hen VIOLATIONS MAV CAUSE TERMINATION OF YOUR LEASE. for those for which they were designed, no sweepings, rubbish, rags or any other i ~ articles 1. No animals without written consent al Lessor or Lessor's agent (which may be reivoked on ten (10) shall be thrown into them. Any damage resulting from misuse of such fadlhie3 shag be paid for by days ratite at any time). No animals without leash in any public area of the Building Guests are not the Tenant. to bring pets on premises. 11. WALLS: No nails screws or fasteners may be placed in walls, . s or any part ollhe ; . 2. Passages, public halls, stairways and landings shall not be obstructed or be used for children's play without permission. Shade brackets and curtain rod brackets MUST NOT be nerved without a for any Other purpose than for ingress to antl egress from the Building or Apartments. nor shall Lessor's permisson. Mildron be permmed to congregate or play in or around the common interior areas of the Building. 12. There shall be no cooking or baking done in or about the Apartment except in the kgcllen. Ag personlal possessbns must be kept in the Apartment a in other storage area if provided. COOKING ON A BARBEOUE OR OTHER SIMILAR EQUIPMENT ON A PORCH, TERRACE OR 3. Camages. birydes, sleds and the like shall not be allowed in the passageways of the Betiding and BALCONY IS EXPRESSLY FORBIDDEN. are a be stored only in places designated for their storage by the Lessor. 13. No fumlture filled with a liquid or Semi-liquid shall De brought in or used in He Apertmem. 4. TELEPHONES: Lessee shall not change positbn of the telephnns previously installed or add any 14. REPAIR CALLS: Should be made between 9:00 A.M. end 5:00 P.M. weekdays, except fdr ype of telephone equipment without the approval of the Lessor. emergencies. 5. CAR REPAIR AND WASHING: Only emergency repairing of cars will be permittiad within He area. 15. Tenant shall be responsible for all glass, screens, entry doors and exterior fidtusa. No car washing is allowed. 16. Lessee will park ony one auto that is used in ordtnery worse ot'. . ' anal. C , ,1,ogere, 6. PARKING: Lessee agrees to abide by the parking regulations which may t>B estltblished from time boats, and other such vehicles are Drohibitnad in parking areas. to time by Lessor, and to require guests to abide by the parking regulations. 17. Mattress cover will be provided by end used by Lesseeardwi11r1oluseHewtxhasafxdfaguaet. 7. No awnings a oMer projections including air conddbnere, televison a redb 2uttennas or wiring 18. CURI"EW: All children under the age 0115 must qe ecwmparlied by an adult ; ~ the hours d shall be attached to or edend frorn or beyond the outside walls of the Building. 10:30 P.M. - 7:00 A,M. when on the complex property. 8. DISTURBANCES AND NOISES: Lessee shall not make a permlt any disturbing noises or ottlsr 18. INSECTS: Unless reported within 3 days of your initial awuperlcy insects, spiders, mica ate. wig bs disturbing aqs in the premises nor permit same by his family, servants, empbyees, egeMS, visltors, wnaldered a result of the Tenant occupancy and will be He ,.Y ...ibgity of the Tenem ro axe the licensees, or pets nor No w permit artythingty such persons or pets that will inter ere wlth Me rigMa, problem. . __.sorconveniencesofotherresidents.Further, lessee shall not play, operate. or permit to be 20. SEWER LINES AND GARBAGE DISPOSAL. Do not put :•:w...:1>fe diapers, santtary ~ , played or operated any musical instrument, phonograph, television err redki in the pnemisea tampax a paper towels in He between rho hours of 11:00 P.M. and 8:00 A.M., if the same shall tlisturb or array the neighbors. nor paring any suH disturbances, noises to go beyond the interior of the leased premises. 8. NO waste receptacles, supplies, footwear. umbrellas or other articles shall be placed in the hallo a On He staircase landings, nor shall anything be hung or shaken from the windows Or balconies a placed upon the outside window sills. The parties hereto csrtiy that Hey have carelulty read this ApertmeM Lease indading the Rubs and Regulations and General Instnaction Sheet Hat IMy t : all of ile terms and txovlaions, and ttgt Hey agree to abide by all of its terms and provisions. IN WITNESS WHEREOF, we have nerumo Set our hands and Seel Mis ~ ~ day ryl Md t: ~ tl is ~J NANT(S ~ L B50 -~/.~~--nom % I e ~gs •,I ark IV r' a / d • APARTMENT LEASE M of Occup. Date of Lease 'Beginning ~ Term oflIL-~ease ~ Ending' Monthly Rent Security Deposit' F/LINE 0 ~5/1/°0 1413C/91 535.00 TTFr F ~~/05/9 T (PER UNIT) E a '1'ov,rn of Pail S7 N T • UTILITIES: Lessor will furnish the fdlowing utilities: ~ ~ C ° r Tenant shall pay directly to utility company all other utility charges. All utilities shall be used only for ordinary household purposes. The apartment will be occupied by: (Print) Address for the return of any deposit: 3. JL g n u v L u ....~a... v j .i...., Sheet City/State ~P LEASE AGREEMENTS AND COVENANTS t. RENT: Tenant shall pay to the Lessor nt ifie shove address (or such other address as p, Nothing herein contained shall in the evert of fire, expbsion or other casualty impose upon Lessor may designate in writing) the moMhty rent set forth IN ADVANCE ON THE 1st DAY OF Lessor any obligation to make repairs which are more extensive M dirierent from those required by EACH MONTH during the term of this lease or any , hrereot. A late charge of 52.00 par day the provisions of Paragraph 14 of this Lease (Fire 8 Casualty). alter the lust of each month will be assessed for each day thereaHer, uMif the rent is paid in full. 7. TENANT TO MAINTAIN: Tenant rronvenanta to , . ttro folbwirtg obligations during 2. POSSESSION: At the commencement of the term of this Lease, Lessor shall deliver the term hereof: possesion of the Apartment to Tenant. If Lessor fells tv do so wHhln ten (10) days from the date A. Comply with all obligations primarily imposed upon Tartan by ,.r„'::.~.:'s ~ , , of building thereof, this Lease shall terminate unless reeriirmed in writing within an addtional five 15) days by and housing codes materially affecting health and safety. Tenant. It is understood the decorating, if any, to be performed by Lessor shell not be a wndition B. Keep that part of the premises that Tenant occupies and uses clean, sate and sanitary. precedent to possession or rani. C. Dispose from the dwelling unit all ashes, rubbish, garbage antl Mher waste in a clean and safe 3. APPLICATION: The application end general instruction sheet for this lease and all repro- manner. seMations and promises containetl therein are hereby made a part of this Lease. Tenant warant9 D. Keep all plumbing fixtures in the dwelling unit or used ny Tenant as clean as their condtion that the information given by tenant in the applicetlon is true. If such information is false, Lessor perrnms. may at Lessor's option terminate this Lease by giving Tenets not less then thirty (30) days prior E. Use in a reasonable manner ell electrical plumbing, sanitary, heating, ventilating, air- written notice, which shall txj Lessor's sole remedy. conditioning and other facilities and appliances, indudirtg elevators in the premises. 4. PROMISES OF THE PARTIES: The terms end conditions contained herein shell be xn• F. Not deliberately or negligently destroy, deface, damage, impair or remove a pert of the premis- dusively deemed to be the agreement between the Tenant and the Lessor end no mod'rf'~cation, es, or krawingly permit a person to do so. waiver or amendment of this Lease or any of its terms. conditions or covenants shall be binding G. Conduct himself or herself in a manner that will not disturb a neighbor's peaceful enjoyment of upon the parties unless made in writing end signed by the parry sought to be bound. the Qremises. 5. SECURITY DEPOSIT: Tenant has tleposited with lessor the Security Deposit in the H. Not place in the Apartment or Building any furniture, plants. animals, or any other things which harbor insects, rodents, or other pests. amount set forth above for the performance of each and every covenant and agreement to be I, Keep out of the Apartment and Building materials which cause a fire hazard or safety hazartl and ,I by Tenant under this Lease. Lessor shell have the right, but nM the obligation, to apply comply witm reasonable requirements of Lessoi s fire insurance carrier. the Security Deposit in whole or in part as payment of such amounts es are reasonably necessary to prevent an remedy Tenant tlefaults in the payment of rent or in the performance of the covenants or agree' Y person in the Apartment or Building with Tenant's permission from violating any of menu contained herein. Lessor's right to possession of the Apartment for non-payment oI rani or the foregoing Tenant obligations. Tenant shall nM suffer or commit any waste in or about the Apart- any Mher reason shall not be aHectetl by the fad that Lessor holds security. Tenant's liability is not mart or Building and shell at Tenant's expense keep the Apartment in good order and repair (except limited to the amount of the Securi De sit. to the extent lessor has in the Lease agreed to do so). On termination of this Lease. Tenant shall ry Po return the Apartment to Lessor in like condition, reasonable weer excepted. lessor shall give Tenant written notice of the application of the Security DeposR or any pan fn addition, it the dwelling unit is other than a single family residence. Tenant shall perform those thereof within thirty (30) days of said application. If the application is On account of maintenance repairs, maintenance tasks, alterations or remodeling as shell be specified in a separate writing repairs or replacements necessitated by Tenant, said notice shall include the estimated or actual signed by the parries and supported by adequate consideretan, and landlord shall riot treat per- cost of the same, attaching estimates or paid receipts. Upon receipt of said notice, Tenant shall at formance of such separate agreement as a condition tv an obligation or a performance of this Rental once pay to Lessor an amount sufficient to restore the Security Deposit in lull. Upon termination of Agreement. this Lease, Tull payment of all amounts due and performance of all Tenant's covenants and agree- 8. TENANT'S USE OF APARTMENT: The menu (including surrender of the Apartment in accordance with this lease), the Security Deposit Or apartment shall be occupied solely for residential any portion thereof remaining unapplied shall be returned to Tenant within thirty (30) days of said Purposes by Tenant and those other persons specifically listed in the Application for this Lease. termination end the receipt from Tenant of Tenants mailing address or delivery instructions, without Unless otherwise agreed in writing, guests of Tenant may oaupy the Apartmentrn reasonable interest exce t as rovitled b law. numbers for no more than one (t)weak each during each year of Term hereof. Neither Tenant nor P P Y any of these persons shall perform nor permit any practice that may damage the reputation of or In the event of a sale, lease or other transfer of the Building, Lessor may transfer or assign said otherwise be injurious to the Building Or neighborhood, or be disturbing t0 other tenants, be illegal, Security Deposit to Lessor's grantee, lessee, or assignee; provided, said grantee, lessee or essig- or increase the rate of insurance on the Building. Tenant(s) agree to abide by the parking regula- nee by written undertaking addressed to Lessor assumes all lessor's obligations hereunder. Tenant lions which may be established from time to time by Lessor and to require guests to abide by the agrees to look to such grantee, lessee or assignee solely for the return of said Security Deposit. The parking regulations. Any violation by authorized or non-authorized tenants or.guests of the above provisions hereof shall apply to each and every sale, lease or other trenster of the Building. mentioned condition shall be cause for immediate termination of this lease. No more than lour (4) SECURITY DEPOSIT SHALL NOT BE DEEMED OR CONSTRUED AS ADVANCE PAYMENT persons may occupy the apartment at any given time without the written consent of the lessor. OF RENT FOR ANY MONTH OF THE LEASE TERM. SECURITY DEPOSIT OR PORTION g, ALTERATIONS, ADDITIONS, FIXTURES, APPLIANCES, PERSONAL THEREOF TO BE RETURNED, IF ANY, WILL BE MAILED TO THE ADDRESS DESIGNATED PROPERTY: Tenant shall make no alterations or addRions nor install, attach, connect, or maintain HEREINABOVE. in the Apartment or an y part of the Building, interior or exterior, major appliances or devices of any 6. LESSOR TO MAINTAIN: kind wthout in each and every case ttte written consent Of the Lessor and then, it granted, only upon A. Tenant hereby declares that Tenant has inspected the Apartment, or will inspect the same the terms and conditions specified in such written consent. All altercations, additions and fixtures within twenty-tour (24) hours of signing this Lease and all related areas and grounds and that (including security devices) whether temporary or permanent in character made by Lessor or Tenant is satisfied with the physical condition thereof. TENANT AGREES THAT NO REPRESENTA• Tenant, in or upon the Apartment shall, unless otherwise agreed or unless Lessor requests their TIONS, WARRANTIES (EXPRESSED OR IMPLIED) OR COVENANTS WITH RESPECT TO THE removal, become Lessor's property and shall remain in the Apartment at the termination of the CONDITION, MAINTENANCE OR IMPROVEMENTS OF THE APARTMENT, BUILDING OR Lease without compensation to Tenant. The foregoing, notwithstanding, neither Lessor nor Lessor's OTHER AREAS HAVE BEEN MADE TO TENANT EXCEPT THOSE CONTAINED IN THIS LEASE, insurance carrier shall be liable to Tenant for the replacement of such alteration, addition, or fixtures THE APPLICATION, OR OTHEflWISE IN WAITING SIGNED BY LESSOR. A COPY OF SAID in the event of casualty loss unless Tenant notifies Lessor of the replacement value and pays as STATEMENT OF UNIT CONDITION AND SECURITY DEPOSIT RETURN IS ATTACHED HERETO additional rent the resultant premium increase it any. II Lessor shalt permit or demand removal, AND INCORPORATED HEREIN TO APARTMENT LEASE. Tenant shall put that pert of the Apartment into like condtions as existed prior to the installation of B. Lessor convenents that it will maintain the Apartment to the following standards. such alteration, addition or fixture. (1) Effective weather protection, including unbroken windows and doors; 10. ACCESS: Lessor reserves the right in accordance herewith to enter the Apartment in (2) Plumbing facilities in good working order. order to inspect same, make necessary or agreed repairs, decorations, alterations. or improve- (3) A water supply which either under the control of the Tenant is capable of prduction hM and merits, supply necessary or agreed services, or exhibit Me Apartment to prospective or actual pur- rpld runningwater, furnished to appropriate fixtures, and connected to a sewerage system. chasers, mortgages, tenants, workmen, or contractors, or as is otherwise necessary in the operation (4) Heating (and, if furnished, air conditioning and ventilation) facilities in good working ortler and or protection of the Buildin its .............ants or g, ' persons herein. At Lessor's discretion, Lessor which, i1 under the control of the Tenant, are capable of producing, or, if under the conhol of shall be provided with and may retain and use copies of any keys necessary for access to the the Lessor, produce heat (and, ii furnished air conditioning and ventilation) in fixtures pro- Apartment. In the event of apartment or actual emergency, lessor may enter the Apartment at any vided (and no other) within reasonable aaepted tolerance and during reasonable houre. (In time without notice. Written thirty (30) days prior to the end of the term hereof. after a single general the case of heat, minimum tolerances shall be those established by municipal code). rafice, Lessor may as often as necessary show the Apartment for rent between the hours of 9 A.M. (5) Ges and or electric appliances which are supplied by Lessor in good working order, and and 8 P.M. on not less than 15-minute specific notice if Tenant or another parson is in the Apartment ~ appropriate gas piping and electrical wiring system to the extent existing in the Building wthout limitation to days. If the same is impractical or refused. Lessor may enter the Apartment after maintained in good working order and safe condtion; ~ 24 Fours nMice and only during the period o19 A.M. to 7 P.M. Monday through Saturday. (6) Building, grounds and areas under the control of the LessM in dean, sanitary and safe 11. ASSIGNMENT, SUBLETTING, AND RELETTING: Tenant may substitute a new tenant condition free from all accumulations o! debris, filth, rubbish, garbage, rodents and vermin; for the balance of the Term provided: (7) Adequate end appropriate receptacle(s) for garbage and rubbish, and, if under the control A. Lessor consents to the prospective new tenant, and of the Lessor, in clean condition and good repair; B. Tenant upon demand pays: (B) Floors, stairways, and railings and common area in good repair; (1) In advance, the deficiency if the aggregate rant Iron the reletting for the balance of the (9) Apartment floors, walls and ceilings in good repair and safe conddam, and Tertn hereof is less than the aggregate rent Men remaining to be paid under this Lease, and C. It is, however, understood and agreed that Apartments and BuiWirgs are physical structures (2) All expenses M reletting (if any) including decorating, repairs, replacements, commissions subject to aging, wear, tear, abuse, inherent detetts, and numerous forces causing disrepair or endror an administrative fee for performing the details attendant to such a transaction. breakdown beyond Lessor's reasonable control, and that components and skilled workmen are rat Lessor at its option may determine whether said transaction shalt be in the form of a subletting always immediately available. It is lurttrer un..;.a;..,,] and agreed that for the most paA Lessor's sasignmeM or reletting. costs o1 operation are fixed and unavoidable end to permit rent abatement or damages to Tenant Lessor may at any time end for any reasons reject any prospective new tenant oriered by Tenant would create an intolerable burden on Lessor, Mher tenants and 8urounding neigh:..:..,.1. tt is, or by Mhere provided, however, that if Lessor shall do so WITHOUT CAU5E, Tenant shall be liable therefore, understood and agreed that Lessor's delay in performing agreements set forth in 6B, to Lessor only for the deficiency and~or actual or estimated expenses described in 8(1) and 8{2) of interruQtions in services provided by Lessor, breakdowns M aquipmeM or disrepair caused by: this Paragraph 11 which would have been due from Tenant had the prospective new tenant (1) Conditions caused by Tenant members of Tenant's household, guests M oMer persons on accepted. Cause shall be deemed to be the failure, based On intornatbn and data made available the premises with Tenant's consent M other tenants; to the Lessor of such prospective new tenant to meet the criteria customarily employed by the (2) Tenant's unreasonable refusal of or Mher interference with entry of Lessor or LessM's Lessor to evaluate the acceptability of prospects as IenaMa for similar apartments in the Building. workmen or contractors into the Apartment M Building for purposes of correcting defective During the fast three (3) months of the Term, Lessor shall be obligated to accept an otherwise conditions: qualified prospective new tenant only if said prospective new tenant enters into a lease for a term for (3) Lack of reasonable opportunity to lessor to correct defective ovndftions; which leases are customariy offered for similar apartments in the Building. (4) Conditions beyond Lessor's reasonable control, including strikes or lockouts; Lessor has the duty to migrate Tenant's damages; provided, however, Lessor may let other (5) Lessor's not having actual knowledge of such defective odrtdilions; or vacancies in the Building first before reletting or subletting or attempting to relet or sublet the Apart- (6) Lessor's having exercised due care but such detective condition(s) continuing to persist, mart. shall be an absolute defense in any action against Lessor fM breach of covenant based Tenets shell neither sublet the Apartment nor any parr thereof rar assign this Lease nor permit by upon the duties of Lessor to maintain the Apartment or Building. any act or default of himself or any person transfer to Tenant's interest by operation of law, nor crier (T) Conditions beyond the control of Lessor and all those conditions created by an Ad vl God. Hrs apartment or any part thereof for lease or sublease except in accordance herewith. Lessor's failure or inability to make repairs or provide services in any of the just described dr• 12. EXTENDED ABSENCE OR ABANDONMENT: Tenant shall notify Lessor of an antic~- cumstances shall in no event form the basis of any daim or set off for damages against Leash nor a Pnt~ extended absence from the Apartment trot later than the first day o1 the extended absence. An basis for an abatement of rent riot a cause for termination of the Lease. a . = J absence shall be defined as a period in excess o1 tourtean (14) days physical absence by Tenant from the Apartment An extended aL.>:,:., as defined herein without the required notification t0 Lessor constitutes and shall be deemed an abendommeM. t3. REYEDIES FOR A63ENCE. NONUSE AND ABANDONMENT: 20. RESIDENT TO INSURE POSSESSIONS: Lessor is not an insurer !o Tenant's person or A. It Tenant willfully faib to give notice t0 Lessor of an anticipatetl extended absence as provided in possessans. Tenant agrees that allot Tenant's person antl property in the AprutmreM or e'.... n Paragraph 12. Lessor may recover actual damages Irom Tenant. the Building shall be at the risk df Tenant only, end that Tenant will carry such inwrance as Tenant B. Oaring an absence of Tenant in excess of fourteen 111) days. Lessor may enter Ina Apartment at deems ^~~rY Mereaker. Tenant further agrees that except for instances of rteglperice a wiWtd limes reasonably necessary. miaconducl of Lessor, Rs agents or empbyees, Lessor, d's agents erW empbyeea ahaa not De liable fp C. Il Tenant a:....,.,.....~ the A,.~... ._..1, lessor herisin, in t0 Lessor's other remedres u any damage to the Pera°n or property of Tenant a arty other peroon °C~+Mn9 a visiting the A , , J herein. may enter the Apartment and act as Tenant's agent to : ~ ~ necessary decorebng or Building, sustained due to the Apartment or Building or any pert thereof or any eppurtenace dtorsof and repairs and to make reasonable eHons to rent the Apartment at a fair rental in acoordance with the ~Ort11n9 out of repair (as example and not by way of limitatbn, damage caused by water, snow, ip, terms art0 conditbns set forth in Paragraph t 1. Tenant shall be conctuswely deemed to have nban- host, steam sewerage, sewer, gas or odors, heating, ooolirig, end ventilating equi~ent, Dur>rtirp a domed any personal property remaining the ApaAmeM. any storeroom. storage area, or garage area. belting pipes, faucets. and plumbing fixtures, mechanical breakdown or failure, „ . I Idlue, Such property shall De stored, and disposed Of by Lessor as provided by law. ~+r'tY aervrcea or devx'es w mailboxes being misused or becoming t. rky out of rxdsr, and If Lesaa rents Ina Apartment for a term beginning prior to Me expiration of the rental agreement. d is firo), due to the h : a of arty accident in or about the Buiklirq a due to any act or rtepbct of any to ba terminated as of the date the new tenancy begins. The rental agreement is deemed to be omm tenant or occupant o1 saitl Buikirig, or any omen person. terminated by the Lessor as of the date Lessor has raticeot the abandonment, it the Lessor fails to use 21. REMEDIES: reasonable efforts t0 rent the Apartment et a fair rental or if the Lessor accepts me abandonment as a A. AN rights and remedies given to Tenant or to Lessor shall be distiraL separate, aril wmubdve, and wrtendar, if the tenancy is hom month-to-month the term of the rental agreement for thin purpose shall the use o1 one a more thereof shall not exclude or waive arty other ngM or remedy allowed by law, be deemed to be a monm. unless specificalty limited or waived in the Lease. t 4. FlRE AND CASUALTY: B. Tenant's obligatbn to pay rem during the Term a any eMensiort Mereol of arty ftoldover tertanry A. If ma Apartment is Doty partially damaged or destroyed by fire or casualty and is inhabRable and me shall not be waived, released or terminated by the service of any mree (3) day notice, demand for Lessor makes lull repair wtthin 80 days. this Lease shall continue. Possession, notice of termination of tenancy. institution of arty action w forcible detainer, . ~ a B. It the Apartment is tlamaged or destroyed by fire or casualty to an extent Thal enjoyment of the ~ any )t : for possessors, or any other act Ot acts resulDng in termination 01 Tetwa's rind 01 dweling unR is substantially impaired, me Tenant may immediately vacate the Apartment and hotly po~10n' Lessor in writing within fourteen (14) days thereaker o1 the Tenant s intent to terminate the Lease. in 22. TENANT'S REMEDIES: It there is a material noncompliance by Lessor with the Lea», wftich case the Lease terminates es of me date of vacating grid all prepaid rent and unapplied security Tenant shall deliver a written notice to Lessor specifying me acts and omissions rbnsbtutirig the breach deposit shall De accounted for pursuant to law. acid that this Lease will terminate upon a dale hat less than thirty (30) days otter receipt of the notice il9te 15. TERMINATION AND RETURN OF POSSESSION: Dream is not remedied in fourteen (14) days and this Lease shall terminate and Tenant shall >t , A. Upon the termination of the Lease whether Dy lapse of ttme or otherwise. or upon termination of as Provided in the notice subject to the folbwirig: Tenant's right of possession wRhout termination of this Lease. Tenant shall yield up immediate A. If the breach is remediable by repairs or Me payment of damages or otherwrss, erM N Loeea adequately remedies the breach prbr to the date specified in me ratite, Mis lease shall riot terminate, pes9saan to Lessor and tleliver all keys to Lesser at the place where rent is payable. or a5 omerwiae B- Tenant may not terminate this Lease for a conditbn caused by the deliberate Or negligent set at directed by Lessor This mere retention of possession thereaker shall constitute a forcible detainer. Lessor shall nave the right and license with process of law (arM it Tenant abandons the Apartment. omission or Tenant, a member of Tenant's family, or any other person on the premises with Tenant's Tenant grants Lessor and L@SSOf Shell have such right and license with Or without process of bwl to consent. „ enter into the Apartment antl IO be returned me Apartment a5 Of Lessor s former estate and to lake C. If this Lease is terminated, Lessor shall return alt prepaid rent and severity deposits by p095@SSIOn Of the Apartment and IO expel and remove Tenant and any Others Who may be occupying Or Tenant under law. within the Apartment and any and all properly from the gpanment, without relirpuishing Lessor's right to 23. LESSOR'S REMEDIES: rent or any omer rght given to Lessor hereun0er or by operation of law. If Tenant abandons the A. II there is noncompliance by TENANT with any of me terms of the Lease or Rules and Regual8ons Apartment and Lessor exercises the r~ghl and license to enter without process of tofu, Lessor may use listed herein, Lessor may deliver a written notice to Tenant specifying the acb and omiaebrts oonatiNl- ~ such forte as may be necessary without being deemed in any manner guilty of trespass. eviction a ing the breach or noncompliance and this (ease will terminate in accordance with the laws of the etas of forcible entry of detainer. Colorado. If substantially the same act or omissbn which constitutes a prbr rton-compliance of vfiieh B. Tenant agrees That in the event Tenant fails t0 vacate IhB Apartment upon lermiriation of Ihi4 Lease notice was given recurs wimin six (8) monma, lessor may terminate into Lease upon 9tatUtOry slide or Tenant's rght of possession that: specifying the breach and the date of termination, of this lease. (t) Tenant giving notice of intention to quit the Apartment at a time specified antl holding over aker B. II rent is unpaid when due and Tenant tails to paythe rem within three (3) days attMwritlen nodes by such time. and Tenant willfully holding over aker the term. and aker notice to quit. shall pay Lessor of nonpayment, lessor may terminate mis Lease. double Ina amount of the rent during the time Tenant holds over and also pay Lessor's C. Lessor may recover damages and obtain injunctive relief for .._.........~.:ance by Tenant wkh this reasonable attorney's fees. Lease. If he prevails. Lessor may recover reasonable attorney fees and costs. (2) Lessor at its sole option may. upon giving Tenant written notice. extend the term of this Lease for D. 11 there is noncompliance Oy Tenant with mis Lease, materially affecting heakh and safety that car. a like period of time not to exceed one year at such rent as lessor mss started prbr to said beremedietlbyrepair,replacementorremovalofadamgetlitemorcleaning,andTenantfeRStorbmply termination date: or as promptly as conditions require incase of emergency or within fourteen (14) days aker written ratite (3) It lessor tails to hotly Tenant within forty five (45) days of saitl termination date of Lessors by the Lessor specifying the breach and requesting that Tenant remedy R within that period of Dm?. electbn under either (1) or (21. Tenant's continued occupancy shall be for amonth-to-rronth Lessor may enter the dwelling unit and cause the work to tee tlone in a workmanlike manner erW subrrtil term. an Remizetl bit for the actual antl reasonable cost or the fair and reasonable value of R es rent on the meat (4) No action or non-action by Lessor except as herein provided shall oper;ete as a waiver al date when periodic rent is due or it this Lease has terminated, for immediate payment. Lessor's right to terminate this Lease or TenanYS right of posession nor operate to extend the E. II this Lease is terminated, Lessor may have a Claim for possession end far rent acrd a aeParau term hereof. claim for actual damage for breach of this Lease and reasonable attorney's fees. Should mis Lease be on amonth-to-month basis. Tenant may terminate this Lease only upon delivery 24. OTHER AGREEMENTS: to Owner of a written notice on or before the end of a monthly rental penOtl to be effective only at the end ~ A, The headings or captions of: aragraphs are for identification purposes only and d0 not limit a of Ifte immediately following monthly rental perod. ~ ~ ~ ~ ~ construe the contents of the paragraphs. 18. EMINENT DOMAIN (CONDEMNATION): H the whole or any substantial par o1 the Building B. 'lessor' as used herein shall refer to the person, partnership, copora[ion or trust hereinaDOVe eel is taken or condemned by any competent authority for any public use or purpose. or if any adjeacent forth in that capacity. If such person be designated an agent. Lessor shall also refer to and include the . , or street shall be so condemned or improved in such a manner as to require the use of any part principal Obligations anA duties to be performed by Lessor may lie pertorrned by Lessor, Rs agents of the Building, the term of this Lease shall at the option of the Lessor or the condemning authority be employees or independent contractors. Only lessor or its designated again may artten0 or modify mq terminated upon, and not before. the date when possession Or the pan 50 taken stroll be required IOr Lease Or LBSSOr'S Obligations thereunder. wch use or purpose and lessor shall be entitled to receive the entire award without appointment with C. All rights and remedies of Lessor under this Lease, a that may be Moulded by law, may be Tenant. Rent shall be apportioned as of the date of Tenants vacating as the result of said termination. exercised by Lessor in Lessor's own name individually, or in Lessor's name by Lessor's agerri, and all 17. LEASE BINDING ON HEIRS ETC.: All the convenants and agreements of this Lease shall legal proceedings for the enforcement of any such rights or remedies, including dishes for rent, forcible be birWing upon and inure to the benefit of the heirs. executors. administrators. successors. and assigns detainer, and any other legal or equitable proceedings, may be commenced and prosecuted to final of Lessor and Tenant, subject to the restrictions sal forth in Paragraph 12 hereof. except that where judgment and execution by Lessor in Lessor's own name individually, or by agent of any Lessor who b a tfte/8 are only one or two parsons named or remaining as Tenants herein, then in the event Of the death principal. of one or both Tenantls), the surviving Tenant and or the heirs orlegal-representatives ofthe deceased D. Tenant agrees that Lessor may at any time and as oken as desired assign or re-assign all of its Tenant may terminate this Lease at the end of any calendar month within one hundred twenty (720) rights as Lessor under this lease. - day9 0l said occurrence by giving Lessor not less than forty five (a5) days prior written notice. E. The words "Lessor' and "Tenant" as used herein shall Ue construed to mean plural whero necessary and the necessary grammatical changes required to make Me provisions hereof apply t0 18. NOTICES: Notices, including those provided by statute. shall be in writing and served by corporations or persons, women or man, shall in all cases lye assumed as though in each case fully dsfivery. expressetl. A, In person, err F. The obligations of two or more persons designated Tenant in this Lease shall be joim and several H B. By both: there be more than one (1) party named as Tenant, other than children in a family, all must execute this (1) Untted States regular and. Lease and any modification or amendment hereto. (2) Certified or registered mail. postage prepaid. at the addresses shown for lessor and tenant at G, "ApartmenP used herein shall refer to the dwelling unit leased to Tenant. me beginning of this lease or at such other addresses the party may designate to the other party by H, Tenant's occupancy of any storeroom, storage area or garage space in or about the Building shall written notice be as licensee only. Tenant understands that due to the construction, location and use of Notices served in person on tenant may be served if lek with some person residing in or in possession storage area or garage spaces, Lessor cannot and shall not be liable for any bas or damage of or to grip of me apartment above the age of twelve (12) years and in the event of an apparent abandonment. then property Placed therein. DO NOT STORE VALUABLE ITEMS IN SUCH AREAS. The termination of info ratite shall be served by posting same on the door to the apartment in addition to B alwve.Informational Lease for any reason shall also serve to terminate Tenant's right to use such storeroom, storage area a and statutory notices may also be served by posting on the door to the apartment if allowed by statute. garage space. Notices served in person on Lessor may be served on any office employee or Lessor, or it Lessor I. "Building" as used herein shall include the entire physical structure located at end about the address receives rent at his home, in the same manner as on tenant. heremabove statetl, including machinery. equipment and appurtenances which are a pert mereof, 19. RULES AND REGULATIONS: Rules and regulations as adopted by Lessor and set forth at me grounds recreational areas and facilities, garages and out-buildings, and other apartment buikiiripa end of the Lease shall be a part of this Lease. Tenant covenants and agrees to keep and observe these which form a complex owned and operated as a single entity. rubs and regulations. Tenant also covenants and agrees to keep and observe such further reasonable J. The invalidity or unenforceabiliry of any provisions hereof shall not affect or impair any other rules arW reguations as may titer by promulgated by Lessor or Lessor's agent for the' necessary. proper provision. and orderly care of the Building (provided such later rules do not work a substantial modification of this K. Tenant acknowledges written notice of Town of Vail Ordinance N5 (Series of 1985). This ordineras Leaser identifies areas within the Town as areas of geologic sensitivity. Certain areas of the Valli Hi Apo are located within these areas. The Ordinance and the studies and maps catered to in the ordirtartce are available for public inspection at the office of the Community Development Department of the Town d Vail. Tenant hereby releases Lessor from liability for any damages caused by or resuking from obtaining geologic conditions. 25. SEVERABILITY: The provisions of this Lease are severable. It a^Y provisons heroin ors held to be unenforceable, illegal, or against public policy, all other provisons snail neverthslsas RULES AND REGULATIONS continue in full force and effect. THESE RULES ARE FOR THE MUTUAL BENEFIT OF ALL TENANTS. PLEASE COOPERATE. 10. The water closets, basins and other plumbing fixtures shall not be used for any purpose other than VIOLATIONS MAY CAUSE TERMINATION OF YOUR LEASE. for those for which they were designed, no sweepings, rubbish, rags or arty other improper artidea t. No animals wdhout carmen consent of lessor or lessor's agent (which may be revo4red on ten (10) shall be thrown into them. Any damage resuking Irom misuse of such fadlifies shall be paid for by days notice at any time). NO animals without leash in any public area of the Buildinnl Guests are not the Tenant. to bring pets on premises. 11. WALLS: No nails screws or fasteners may be placed in walls, ~ . tc or any paR Of the premises 2. Passages, public halls, stairways and landings shall not be obstructed or be used for children's pby wthout permission. Shade brackets and curtain rod brackets MUST NOT be rtaved wkhoul or for any other purpose than for ingress to and egress from the Building Or Apartments, nor shell Lessor's permission. children be permitted to congregate or play in or around the common interior erase of me Buikting. ~ 72. There shell bA no rAOking a baking done in or about the Apartment except in the kkC?Mn. All personal possessbns must be kept in the Apartment or in other storage area if provided. COOKING ON A BARBEOUE OR OTHER SIMILAR EQUIPMENT ON A PORCH, TERRACE OR 3. Coinages. bicycles. sleds and the like shall not be allowed in the passageways of the Building erM BALCONY IS EXPRESSLY FORBIDDEN. are to be stored only in places designated for their storage by the Lessor. 13. No tumiture tilled calm a liquid or semi-liquid shall be brought in or used in me Apartittsrd. 4. TELEPHONES: Lessee shall not change position of the telephnes previously installed or add any 14. REPAIR CALLS: Stauld be made between 9:00 A.M, and 5:00 P.M. weekdays, except for ype o1 telepfane equipment without the approval of the Lessor. emergencies. 5. CAR REPAIR AND WASHING. Only emergency repairing of cars will be permitted within me area. 15. Tenant shall be responsible for all gbss, screens, entry doors and fixtures. No car washing is allowed. 18. Lessee will park onty one auto that is used in ordinary course 01 trertaportaDOrt. Campers,lraibrs, 8. PARKING: Lessee agrees to abide by the parking reguations which may be established from time boats, and omer wch vehicles are prohibited in parking areas. to lime by Lessor. and to require guests to abide by the parking regulations. 17. Mattress coverwillbeprovitledbyandusedbyLesseeandwillratusemerztadtesabsdbrgipat 7. NO awnings or other prgections including air conditioners, television or radb antennas err wiring 18. CURFEW: AI{ chlldren utt0er me age of 15 meat be , by an adult betw>eerittts Itoun of shall be attached to or extend Irom or beyond the outside walls of the Building. 10:30 P.M. - 7:00 A.M. when on the complex property. • 8. DISTURBANCES AND NOISES: Lessee shall not make or permR any disturbing noises or other 19. INSECTS: Unless within 3 days o1 your inNal occuperay inseam, spiders, mioe etc- wiU tae disturbing acts in the premises car permR Same by his family, servants, employees. BgeMe. vialldre, considered a result of the Tenant Occupariry acid will be the responsibility of the Tenant In sue Hta licensees, or pets nortlo or permit anything by such persons or pets that will interfere wkh the rights, problem. comforts or conveniences of other residents. Further, Lessee shall not play, operetta, or permit to be 20. SEWER LINES AND GARBAGE DISPOSAL: Do rat put disposable diapero, aankary , „ played or operated any musical instrument, phonograph. television or radio in the premises tampex or paper towels in Me , me hours of 11:00 P.M. and 8:00 A.M., it the same shall disturb Or annoy the neightxxs, oar permk any such disturbances, noises to go beyond the interior o1 me teased premises. 9. NO waste receptacles, supplies, footwear, umbrellas or other articles shall De paced in the halls w on me staircase landings. nor shall anything txs hung or shaker, from me windows or balconies a placed upon the oWSide window sills. The panes hereto certify Met may have carefulty read mis Apartment Lease including ms Rules and Regulations arW General Instnkxiat Sheet that may uridsrslend all of tie Carina end prdvitiorta, ant dui they agree to abide by all of its terms antl provisions. IN WITIJ~ WHEREOF, we have herunto set our hands end seal mis ~ day pf Awl t 1 1 , 19 /y~NT ~ TimberR dge Mark IV Realty, Inc. fir: ~ APA~T~r1ENT LEASE 1Q THIS INDENTURE OF LEASE WITNESSETH: That %s L - S~ "`O"'' Principals hereinafter called the Landlord, does hereby demise and lease unto o Tew ^ s ~ ~ • - ~ hereinafter called Tenant, prem- Leaae~ Premises ises situate in the ~ ~ `County of ~ in the State of Colorado, described as. Apartment j~umber tom on the '~`°XO ~ floor of the building known fl~ ~ g~~ ~ C ~ ~ ~ / e including stove and ~ refrigerator, to be used only as a private residence (and for no other purpose whatsoever) for his family consisting of adults and ~ o children (aged respectively), except by writ- ten permission of Landlord, together with garage, stall or parking space number S afs"l"'-'and storage space or stall number - TO HAVE AND TO HOLD the same with all the appurtenances unto the said Tenant commencing at twelve o'clock noon on the ~ s ~ day of ~a 1P 9 and ending at twelve o'clock noon on Term the ~ l s r day of 19~~, unless sooner terminated as hereinafter provided, at and for a rents], for the full term aforesaid, of R ~ ~ 7 ZS payable in advance and without notice Rent in monthly installments of g ~ per month, the first partial payment being for the period from /Uo v ! S to ~o ~ ~ D and hereafter on or before twelve o'clock noon on the S ~ day of each calendar month of said term, at the office o+' ,0~ .mot ~ ~y l/ ~ Colorado, ~~6• ~ Tenanl'a Covenants And the said Tenant in consideration of the leasing of said premises as aforesaid, covenants and agrees as fol- lows, to wit: To pay the rent; to comply with all reasonable rules and regulations which the Landlord may make Rules and for the protection of the building or the general welfare and comfort of the Tenants; to keep said premises in as Regulations good order and condition as when the same were entered upon, loss by fire, inevitable accident, or ordinary wear conaitionao( excepted; to sublet no part of said premises, nor assign this lease or any interest herein, without the written consent ]'remises of the Landlord first being, obtained; to use said premises for no purpose prohibited by the laws of the United Asaiglunent States, or the State of Colorado, or the ordinances of the County of l'nlaw'ful l'ae and all police, fire and sanitary regulations imposed by any municipal, state or federal authority either now in force or Alterations hereafter enacted, and for no improper or questionable purposes whatsoever; to drive no nails, tacks or screws into the walls, ceilings, doors or woodwork of said premises, or make any additions, alterations }in or about said AuelionSales premises or install any aerials, antennas or wiring or connect to any existing aerials or antennas without first obtaining the written consent of the Landord; to not permit any auction sale to be held on said premises; to keep no Roomers guests, roomers or boarders, nor to permit any portion of said apartment to be occupied by an invalid; to neither keep Anvnals nor harbor any animal on said premises without first obtaining the written consent of the Landlord; to keep the said Clean ]'remises premises and every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste, or any inflammable, dangerous or detrimental material, also from objectionable odors, and not to obstruct or place or Gas and permit to be placed any dirt, rubbish, article or thing in any of the plumbing fixtures, hallways and stairways of said Electrieity building, or to use the latter except for ingress to or egress from the demised premises, nor to throw or permit Claims nat `anything to be thrown f: om the premises; to pay for when due all gas and electricity used; to neither hold nor attempt Lan rd to hold Landlord, his agents or servants liable for any injury or damage to person or property either proximate or Lock '/remote, no matter how occasionet3~~tor for injury or damage arising from the acts of any co-tenant or of any owners or Endalige~ry______,/ occupants of adjoining property; to place no additional or change any locks upon any doors of the premises; to take Co•Te nt good care of and to keep said leased premises so as not to endanger the same or endanger or annoy any co-tenant in Inspertionand said buildin to allow the Landlord or an em to ee of the buildin to enter said a artment at an time to make Repairs g+ Y P Y g P Y Rallio.T.~~. repairs, and to enter said apartment at any reasonable time to inspect said premises; not to play or operate a radio, Permit toSno. Phonograph, television set or any other musics] instrument in said apartment before 8:00 o'clock in the morning or Movingt'urniture after 11:00 o'clock in the evening; to permit said Landlord or his agent to show said premises to persons wishing to lease or purchase same; not to move any furniture, furnishings or personal property in or out of the leased building or demised premises other than through the rear door of the building and only between the hours of 9:00 o'clock in the \ameCarda morning and 4:00 o'clock in the afternoon; to use only the type of name cards as the Landlord may furnish or designate; to co-operate with t}ie Landlord and its authorized representatives to the fullest extent in the handling l;arAageRemoval and removal of garbage and other waste material, using such containers and making same available for collection or Laundry removal at such time as the Landlord or his authorized representatives may designate; to use the laundry room and other facilities during such time and on such days as shall be designated by the Landlord or his authorized represen- ~uieanee tatives; not to commit, permit, or suffer any objectionable or disorderly conduct, noise or nuisance whatsoever shout the premises on the part of the Tenant or on the part of the members of his family or guests or to commit, permit or suffer anything to be done by any of them that will disturb or interfere with the rights, comforts or conveniences of other tenants; to co-operate with the Landlord as he may designate in receiving of deliveries or having pick-ups made, Ikliveriea and all trades people shall be requested by Tenant and made to use the rear entrance to the leased building and demised premises; that this lease shall be subject and subordinate at all times to the lien of all existing mortgages or trust deeds and all mortgages and trust deeds which hereafter may be made a lien on the premises, and the Tenant Mortg'agea agrees to excecute and deliver such further instrument subordinating this lease to the lien of any such mortgages or trust deeds as shall be desired by any mortgagee, and further hereby appoints the Landlord his attorney-in-fact, irrevocably, to execute any such instrument for the Tenant; thatSn case said premises are left vacant and any part of Repoaseasion the rent herein reserved'be unpaid, then the Landlord may, without in anywise being obliged so to do, and without terminating this lease, retake possession of said premises, and rent the same for such rent and upon such conditions as the Landlord may think best, making such changes and repair as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said Tenant shall be liable for the balance of the rent herein reserved until the expiration of this lease; and if at any Lime said term shall be ended as aforesaid or in vae.ting l'pon any other way, the said Tenant thereby covenants and agrees to surrender and deliver up said premises and all keys Termination peaceably to said Landlord immediately upon termination of said term; that the Landlord retains the unrestricted right to change, alter, abolish or add to any of the appurtenances or to said leased premises as to him may seem best, Alterations Ay and to dispose of or rent any other portion of the leased building as Landlord shall elect; that in entering into this Landlord lease Tenant relied solely upon the statements contained in this lease and acknowledges that he has read and fully understands same and that no agent or representative of the Landlord has authority to in any manner change, add to or detract from the terms of his lease prior to expiration date, unless reduced to writing and executed by the parties Lease Terms hereto in the same manner as the execution of this lease; that no assent on the part of the Landlord, expressed or in writini ~ implied, to any breach or any one or more of the covenants or agreements hereof shall be deemed or taken to be a sieaen waiver of any succeeding or other breach or any continuation of such breach; that in case of any violation on his part in the terms of this lease wherein the Landlord engages an attorney to enforce his performance, to pay such Attorney.' Fee. reasonable attorney's fees that may be incurred by the Landlord. Landlord agrees to furnish without cost to the Tenant; t~ast~ad cold water, but in case of unnecessary use or waierane waste, the same shall thereafter be paid Yor by the said'ienanc, aY.d 1.1]e;. i.., li b_ Heaiins fnrr+iel.e,~77 - oIL 3. ~j __p~'!?,~iwrVlV U{I l~~i ~l~ lrlii. WJUYI •.tw the Landlord shall not be liable for any claim of damages or rebate or charge of any kind whatsoever in case of the interruption of the supply of water, heat, electric current, elevator service, or refrigeration leterruptionor occasioned by accident, failure of power supply or any other cause whatsoever beyond the control of the Landlord; if a Serriees janitor is provided for the premises, he shall perform such duties as usually pertain to such positions, at the expense Janitor of the Landlord, but those duties shall not include any services or labor in sa?d apartment. N0. APARTAIEM1T LEASE Bradford Publishing. 5825 W. 6th Ave., Lakewood. CO 80214-(303) 233-6900- 12.87 storage It is agreed that any storage space or stall provided by the Landlord is to accommodate the Tenant in the storage of trunks, baggage or other articlers, with the express understanding that the Tenant uses it at his own risk and upon the express stipulation and agreement that the Landlord shall not be liable for any loss of property stored therein or any damage or ir>.jury thereto whatsoever. FurnishingBand Personal If the said demised remises are furnished, the inventory of said furnishen sand ersonal ro ert is hereto Property attached and hereby made a part hereof as fully and to the same extent as though enumerated heretn, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted. Deposit Tenant has deposited with tlhe Landlord and will keep on deposit during the term of this lease the sum of ~ 2 ~ 7r which! sum shall be retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be paid and for the faithful performance of alt the terms, conditions and covenants of this lease. If at any time during the term of this lease the Tenant shall be in default in the performance of any of the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof as necessary in payment of any rental in default as aforesaid and in payment of any damages sustained by Landlord on the premises and In payment for any cleaning ghat must be done if premises are not left clean. Tenant acknowledges the premises wore clean prior to occupancy. Such deposit is to be refunded, without interest, after Tenant completely vacates provided Tenant is not in default in any of the provisions of this lease and provided that there is no damage to the premises except ordinary wear, a:nd provided premises are left clean. At no time may the Tenant use such deposit in lieu of rent. Possession ARer It is agreed that if after the expiration of this lease the Tenant, with permission of the Landlord, shall remain in Expiration possession of said premises without written agreement or notification by the Landlord or a change in said rental as to such possession that such possession shall not be deemed a renewal of this lease for the whole term or any part thereof but that such Tenant shall be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to the last monthly installment hereunder, subject, however, to all of the other terms of this lease. Termination It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent, or any portion thereof, Default or in default of any of the covenants or agreements herein contained to be performed by Lhe Tenant, which default shall be uncorrected for a period of three days after Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass or for damages; enter into and upon said premises, or a portion thereof; declare the term of this Lease ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant, those claiming under him, or any person or persons occupying the same and their effects; all without prejudice to any other remedies available to the Landlord for arrears of rent or breach of covenant. L'otenantability In the event said premises :ire rendered totally untenantable by fire or other casualty, or in the event the building of which the demised premises are a part (whether or not the demised premises are affected) be so injured or destroyed that the Landlord shall decide within a reasonable time not to rebuild, this lease shall cease and the rent provided herein shall be paid up to the date of such injury or damage. If the teased premises shall be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according to the nature and extent of the damage which has been sustained, shall be abated until said premises shall have been duly repaired and restored. •'Landiora"and Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires they shall be deemed ••Tenant'• to refer equally to persons of both sexes and to corporations and co-partnerships, singular to include plural and plural to include singular. Sn,e w /pa,~,~ ( a-..~ 3 4,r-e ,.G S ? ~ SO / ~l S, d~-~ K S 751 Notwithstanding anything to the contrary set forth in this agreement, Landlord, his agents, or servants shall be' liable to Tenant for any injury or damage to person or property, either proximate or remote, occasioned by the Landlord's intentional acts or gross negligence. Binding t;pon And it is further expressly understood and agreed that all covenants and agreements in this lease contained shall Heirs extend to and be binding upon the heirs, executors, legal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF the said Landlord and Tenant have caused this lease to be executed and their re- spective names to be subscribed hereunto this day of Ig , ~ (SEAL) ~ (SEAL) ~'~~K , , _ (SEAL) %~tiL~Lu -L-12~.~(,~ -(SEAL) Tenant Landlord m 1 ~ c C ~ c s rn m F J 9~ ~ o 6 O O ~ E" I T w i ~ ~ r y ~ ~ ~ O ~ a O O ~ t v a ~ • ~ / I~ d Q w ~n. ' i k , APARTMENT LEASE I This Lease made this 9th day of October, 1990, by and between CROSSROADS REALTY, LTD., ("Lessor") of Sunridge at Avo*a, Phase I, Unit E109, Avon, Colorado and the Town of Vail, ("Lessee"). WITNESSETH That in consideration of the sum of $1,350.00 paid by Lessee, which sum is hereby received and shall be on account of rent for the First Month and Last Month of the term of this Lease, and in further consideration of the part of the Lessee to be kept, done, and performed, the Lessor does hereby lease to the Lessee, Sunridge at Avon, Phase I, Unit E109, Avon, Colorado, (the "Premises"), under the following terms and conditions: 1. Use of Premises: The Premises shall be occupied and used solely by the Lessee consisting of not more than 4 persons, as a private dwelling, and for no other purposes. Lessee agrees that any individual occupying said premises more than seven (7) days in any month becomes a resident and that the total number of residents is limited by the provisions of this Apartment Lease. Lessee shall not keep a dog, cat or any other pet on the premises. 2. Term: The term of the Lease shall be for 12 months, commencing November 1, 1990, and terminating on October 31, 1991. 3. Rent: The rent for the Term of this Lease shall be $8,100.00 and shall be paid by Lessee in monthly payments of $675.00. Prompt payment of rent is an independent obligation of Lessee, and under no circumstances, may Lessee withhold a portion of the rent for any reason. Rent payments shall be due and payable promptly on the first day of each and every month during the Term of this Lease at the office of the Lessor, CROSSROADS REALTY, LTD., Crossroads Shopping Center, 143 East Meadow Drive, Suite 391A, Vail, Colorado, 81657. If at any time during the Term of this Lease, Lessee's check is returned for non-sufficient funds, Lessee shall pay Lessor a $30.00 service charge in addition to any Late Charge that results. 4. Delinauencv Charge: If rental is not received by the fifth day of the month, Lessee will pay a Late Charge of $30.00. Nothing contained herein shall obligate Lessor to accept the rent payment after the fifth day of the month, nor does Lessor waive any of his legal rights which may be available for default of Lessee by inclusion of this provision in this lease. 5. Damage and Security DeDOSit: The sum of $675.00 shall be held by Lessor, until a default under this Lease on the part of the Lessee, or to cover the cost of repairs to the Premises caused by the Lessee or occurring during the Lessee's tenancy, and then only in accordance with the applicable laws of the State of Colorado. Lessor acknowledges that this Deposit in not the last month's rent and said last month's rent is due and payable on October 1, 1991. ; At the sole discretion of Lessor, said Damage and Security Deposit may be held in an interest bearing account, and, in that event, any and all interest accrued will be for the sole benefit of Lessor. 6. ('.~~renants of Lessee: A. Lessee shall comply with all rules and-regulations governing the use and occupancy of the Premises including, but not limited to, those promulgated by the County of Eagle and the Condominium Association. t ~ October 9, 1990 Apartment Lease Page Two B. Lessee shall keep the Premises in as good conditions as they are now, and shall return the Premises to the Lessor at the expiration of the Term of this Lease in the same conditions, ordinary wear and tear from careful use, alone, excepted. Lessee shall not make any changes or alterations to the Premises, drive nails, tacks, screws into the walls, ceilings or doors or woodwork, install any aerials, antennas or wiring without the prior written consent of Lessor. Lessee shall keep the Premises and furniture, furnishings and appliances, if any, and fixtures which are rented for Lessee's exclusive use in good order and pay for any repairs to the property caused by Lessee's negligence or misuse or that of Lessee's guests and invites. Lessor shall otherwise maintain the property. C. Upon the termination of this Lease or the termination of any extension of this Lease or the sublet of this Lease, Lessor shall cause the carpet to be professionally cleaned at Lessee's expense. D. Lessee shall bear the cost of: Electricity, Cable TV and Telephone. Lessee agrees to immediately transfer all utilities to Lessee's account and Lessee agrees to pay to Lessor a $25.00 per month Service Charge per utility bill if Lessee fails to make said transfers. LesSOr shall bear the cost of: Water and Sewer, snow and trash removal. E. Lessee shall take the Premises in "as is" condition, and the Lessor will not be required to make any changes or alterations to the Premises during the Term of this Lease. i~~«i~~ out the prior writt ent of the Lessor, and an uch assignment without such prior written consen hall be void s all co~,~Ll~,a~ breach of this Lease on th art of t essee. In the event Lessor c to an assignmen f t Lease, Lessee agrees to pay Lessor a Sublet 100.0 ~'~e-,,.,~ ~ d~~y davertising incurred y e G. Lessee shall permit Lessor to enter upon the Premises at reasonable times to inspect the Premises and to show the Premises to prospective tenants and purchasers. Lessor shall endeavor to give Lessee advance notice of such visits whenever practical. H. Lessee shall surrender and vacate the Premises at the expiration of the term of this Lease without written agreement as to such possession. Lessee`s tenancy shall be deemed to be month- to-month at a monthly rental equal to two times the monthly rent set forth in Paragraph 3 hereof, and subject to all other terms and conditions of this Lease. Default: In the event of a default on the part of the Lessee of any of the terms, conditions and covenants set forth in the Lease including, but not limited to, non-payment of rent or other charges in a prompt and timely manner, Lessee shall immediately become a tenant at sufferance, hereby waiving all right of notice to vacate the Premises, and the Lessor shall be entitled to re-enter and immediately take possession of the Premises, either with or without process of law, and to evict the Lessee and remove any of the Lessee's possessions. In the event of such eviction, a October 9, 1990 Apartment Lease Page three Lessee shall remain responsible for all rent then unpaid for the balance of the Term of this Lease and for all costs and expenses incurred by Lessor in enforcing his rights hereunder, including attorney's fees. 8. Ouiet Eniovment: Upon the faithful performance of the terms, conditions, and covenants set forth in this Lease on the .part of the Lessee to be performed, Lessor hereby covenants that the Lessee shall have the quiet and peaceful enjoyment of the Premises. 9. Insurance: Lessee shall obtain personal property insurance, it being understood that Lessor will not carry such ~~ii// y~:~ insurance . I} _s-~~~p_ ~~~.:~1~~ 3s~~_~ ~ _ . ~z~ ti:~::l. Lla~ ~~_...._-bf /~v~ _~i ~m..3.;es f1Y ATttr_~~jiirS~ f-n T•ccc a~j+r T ccc~~ ~ c 13~iG~~ ~ L F.. a "'~'i=`_8i~$~ 1 ~ L'i vt+ci ~r u .a T ._~~.5 .A'n'a Ii Va~~ Laa'C V\.. ~..u~cxlt£`~1 of vui~ tiCu~l~~'~ ,J~ L~bA~C~ J.'PCC~P' ~ 1~3Y_~ jL8_ _ IN WITNESS WHEREOF, the Lessor, CROSSROADS REALTY, LTD., and the LESSEE have hereunto executed this Lease as of the day first above written. Signed, sealed and delivered in presence of: CROSSROADS REALTY, LTD. n , LESSOR ~j/( / (Ron Dahl Phillips) LE9~SEE BY: (Sandra N~fSargent) and/or Signature for Town of Vail (William R. Sargent) N0.99d- Bradford Publishing, 5825 W. 6th Avc.. Lakewood, CO a021~ - ()O7) 27)-6900- 6.82 APARTMENT LEASE November 5th , Ig90 THISINDENTUREOFLEASEWITNESSETH:That Vail Racquet Club Rental Office for i'r'"r'p'i' g„~j,l Racquet Club Homeowners hereinafter called the Landlord, does hereby demise and lease unto ~'Cl),Tn of Vail hereinafter called Tenant, prem• - 1.rasrd 1'rett,iaer iaea situate in thPTown of Vail County of Eaf~le in the State of z lorado, described as: Apartment Number 16 on the 3rd • floor of the building known a~ .including Z stove and ~ refrigerator, to be used only as a private residence (and for no other purpose whatsoever) for his family consisting of 4 adults and no children (aged n/a respectively), except by writ- ten permission of Landlord, together with garage, stall or parking apace number n~a and storage space or stall number~_. TO HAVE AND TO HOLD the same with sfl the appurtenances unto the said Tenant commencing at twelve o'clock noon on the 5th day of November lu 90 ,and ending at twelve o'clock noon on Trrm the inch day of _AFril ,19~._, unless sooner terminated as hereinafter provided, at and for a rental, forthe full term aforesaid, off 4.400.00 payable in advance and without notice 12tH, in monthly installments of $~QO per month, the first partial payment being $ 650.00 for the period from November 5th to November 30th and hereafter on or before twelve o'clock noon on the 1st day of each calendar month of said term, at the office of Vail Racquet Club Rental Jl f f i r o Colorado, Trn.nl'a And the said Tenant in consideration of the leasing of said remises sa aforesaid, covenants end agrees as fol• Cu.rnant¦ lows, to wit: To pay the rent; to comply with all reasonable ru es and regulations which the Landlord may make xulra.nd for the protection of the building or the general welfare and comfort of the Tenants; to keep said premises in as Hrg°litiuni good order and condition as when the same were entered upon, loss by fire, inevitable accident, or ordinary wear 2•cnei,iona or excepted; to sublet no part of acid premises, nor assign this lease or any interest herein, without the written consent I'rrmi.r¦ of the Landlord first being obtained; to use said premises for no purpose prohibited by the laws of the United 'AiciK""""' States, or the State of Colorado, or the ordinances of the Qail County of Eagle t•nla.~rui t'cr and all police, fire and sanitary regulations imposed by any municipal, state or federal authority either now in force or .\Itrra~ion. hereafter enacted, and for no improper or questionable purposes whatsoever; to drive no nails, tacks or screws into the walls, ceilings, doors or woodwork of said premises, or make any additions, alterations or repairs in or about said .auction ti.ira premises or install any aerials, antennas or wiring or connect to any existing aerials or antennae without first obtaining the written consent of the Landord; to not permit any auction sale to be held on said premises; to keep no Hoomerc guests, roomers or boarders, nor to permit any portion of said apartment to be occupied by an invalids to neither keep +nunil• nor harbor any animal on said premises v 1-Fi~reFe~' _ . ! dl...:, to keep the said l'Iran I'rrmiaea premises and every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste, or any inflammable, dangerous or detrimental material, also from objectionable odors, and not to obstruct or place or and permit to be placed any dirt, rubbish, article or thing in any of the plumbing fixtures, hallways and stairways of said 1:irrlriri,y building, or to use the latter except for ingress to or egress from the demised premises, nor to throw or permit l'laimc AKain?1 anything to be thrown from the premises; to pay for when due all gas and electricity used; to neither hold nor attempt I.andord to hold Landlord, his agents or servants liable for any injury or damage to person or property either proximate or i.,rkc remote, no matter how occasioned, or for injury or damage arising from the acts of any co-tenant or of any owners or EndanYrr occupants of adjoining property; to place no additional or change any locks upon any doors of the premises; to take Co•Trnant good care of and to keep said leased premises so as not to endanger the same or endanger or annoy any cotenant in In. pectionsnd srpa,r. said building; to allow the Landlord or any employee of the building to enter said apartment at any time to make Ftadio.T.\'. repairs, and to enter said apartment at any reasonable time to inspect said premises; not to play or operate a rndio, Trrm it to lhuw Phonograph, television set or any other musICaI instrument in said apartment before 8:00 o'clock in the morning or No~~inR F'urni,urr after 11:00 o'clock in the evening; to permit said Landlord or tits agent to show said premises to persons wishing to lease or purchase same; not to move any furniture, furnishings or personal property in or out of the leased building or demised premises other than through the rear door of the building and only between the hours of 9:00 o'clock in the .amt 2'.re+ morning and 4:00 o'clock in the afternoon; to use only the type of name cards as the Landlord may furnish or designate; to co-operate with the Landlord and its authorized representatives to the fullest extent in the handling :arbaKr Nrmoval and remo\•al of garbage and other waste material, using such containers and making same available for collection or ..undr> removal at such time as the Landlord or his authorized representatives may designate; to use the laundry room and other facilities during such time and on such days as shall be designated by the Landlord or his authorized represen- :ui.anrr tatives; not to commit, permit, or suffer any objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of the Tenant or on the part of the members of his family or guests or to commit, permit or suffer anything to be done by any of them that will disturb or interfere with the rights, comforts or conveniences of other tenants; to co-operate with the Landlord as he may designate in receiving of deliveries or having pick-ups made, trlirrrir. and all trades people shall be requested by Tenant and made to use the rear entrance to the leased building and demised premises; that this lease shat] be subject and subordinate at all times to the lien of all existing mortgages or trust deeds and all mortgages and trust deeds which hereafter mad be made a lien on Lhe premises, and the Tenant IorlKaYr. agrees to excecute and deliver such further instrument subordinating this lease to the lien of any such mortgages or trust deeds as shall be desired by any mortgagee, and further hereby appoints the Landlord his atLorney•in•fact, irrevocably, to execute any such instrument for the Tenant; that.in case said premises are left vacant and any part of 'rpu. rr.aion the rent herein reserved'be unpaid, then the Landlord may, wit hoUt in anywise being obliged so to do, and without terminating this lease, retake possession of said premises, and rent the same for such rent and upon atlch conditions sa the Landlord may think best, making such changes and repair as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said Tenant shall be liable for the balance of the rent herein reserved until the expiration of this lease; and if at any time said term shall be ended as aforesaid or in ata~inK t'pun any other way, the said Tenant thereby covenants and agrees to surrender and deliver up said premises and all keys 7'rrm,natiun peaceably to said Landlord immediately upon termination of said term; that the Landlord retains the unrestricted right to change, alter, abolish or add to any of the appurtenances or to said {eased premises as to him may seem bt:st, i,rration..¢y _ _and2od' .For rent any other purt;uc, of thr leased building as Landlord shall elect; that in entering into this f..^dtord (ease Tenant relied solely upon the statements contained in this lease and acknowledges that he has read and fully understands same and that no agent of representative of the Landlord has authority to in any mannec change, add to or detract from the terms of his lease prior to expiration date, unless reduced to writing and executed by the parties ,•acrTerm~ hereto in the same manner as the execution of this lease; that no assent on the part of the Landlord, expressed or ~n Writing implied, to any breach or any one or more of the covenants or agreements hereof shall be deemed or taken to be a mach waiver of any succeeding or other breach or any continuation of such breach; that in case of any violation on hi's•part in the terms of this lease wherein the Landlord engages an attorney to enforce his performance, to pay such .,ornr>... Frra reasonable attorney's fees that may br incurred by the Landlord. Landlord agrees to furnish without cost to the Tenant, hot and cold water, but in case of unnecessary use or atrr.na waste, the same shall thereafter be paid for by the said Tenant, Bret-: _ . ' l , ~ ~ ~ t ~ i2ratlnK ~ ~ ~-~'p'g"ei , : e~~rl~IrlH•R$~til(- -r i 9e, In aUCh amOtinC6 ea ere customarily supplied; the Landlord shall not be liable for any claim of damages or rebate or charge of any kind whatsoever in case of the interruption of the supply of water, ]rzat, ele~tsic current, elevator service, or refrigeration terrupliono/ occasioned by accident, failure of power supply or any other cause whatsoever beyond the control of the Landlord; if a 'rr~i`r' janitor is provided for the premises, he shall perform such duties as uauatlypertain to such positions, at the expense .ni~ur of the Landlord, but those duties shall not include any services or labor in geld apartment. . • , . ~ W ' . ytor•[e It is agreed that any storage space ur stall provided by the Landlord iti to nccuntmodatc the Tenant in the st~~r:~Kt• of trunks, baggage or other articles, with the express understanding that t)te Tennnt uses it at his own risk and upun the express stipulation and agreement that the Landlord shall not be liable for any loss of property stored therein or any damage or injury thereto whatsoever. ~urni•~ins• •nd per•on•I If the said demised premises are furnished, the inventory of :laid furnishings and personal property is hereto rroverl~ attached and hereby made a part hereof as fully and to the same extent as though enumerated herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted. prpo.;t Tenant hea deposited with the Landlord and will keep on dE:posit during the term of this lease the sum of _ ~ _ 00 which sum shall be retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be paid and for the faithful performance of all the terms, conditions and covenants of this lease. If at any time during the term of this lease Lhe Tenant shall be in default in the performance of any of the provisions of this lease, the Landlord shalt have the right to use acid deposit or so much thereof as necessary in payment of any rental in default as aforesaid and in payment of an}• damages sustained by Landlord on the premises and in ayment for any cleaning that must be done if premiaea are not left clean. Tenant acknowledges the premiaea were clean prior to occupancy. Such deposit is to be refunded, without interest, after Tenant completely vacates • provid¢d Teter ant is pQt !n default in any of the provisions of this lease and provided that ihere is no damage to the premises except ordinary wear, and Nr~~;Jed prcmieee are left clean. At no time may the Tenant use such deposit in lieu of rent. :•o..r..;on Altrr It is agreed that if after the expiration of this lease the Tenant, with permission of the Landlord, shall remain in b•o~r•t~+^ possession of said premiaea without written agreement or notification by the Landlord or a change in said yenta) as to such possession that such possession shall not be deemed a renewal of this lease for the whole term or any part thereof but that such Tenant shall be regarded ea s Tenant from month to month at a monthly rental payable in advance, equivalent to the last monthly installment hereunder, subject, however, to all of the other terms of this lease. ~rrm;n.t;on It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent, or any portion thereof, urr.~:t or in default of any of the covenants or agreements herein contained to be performed by the Tenant, which default shall be uncorrected for a period of three days after Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass or for damages; enter into and upon said premises, or a portion thereof; declare the term of this Lease ended; repossess the said premiaea as of the Landlord's former estate; expel and remove the Tenant, those claiming under him, or any person or persons occupying the same and their effects; all without prejudice to any other remedies available to the Landlord for arrears of rent or breach of covenant. ~nlrn.ntae;:;t. In the event said premises are rendered totally untenantable•, by fire or other casualty, or in the event the building of which Lhe demised premises are a part (whether or not the demised premises are affected) be so injured or destroyed that the Landlord shall decide within a reasonable time not to rebuild, this lease shall cease and the rent ± _ provided herein shall be paid up to the date of such injury or damafte. If the leased premises shall be partially destroyed or injured. by fire or other casualty, not arising from the fault or negligence of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the rent herein reserved, or a I just and proportionate part thereof, according to the nature and extent of the damage which has been sustained, shall be abated until said premises shall have been duly repaired and restored. l.•ndlord" and Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires they shall be deemed "Tr^+^t' to refer equally to persona of both sexes and to corporations and co-partnerships, singular to include plural and plural to include singular. IN HE EVENT THAT THE LEASEE FAILS TO COMPLY WITH THE PROVISIONS OF THIS LEASE AGREEMENT SAID LEA EE CONSENTS TO PAY REASONABLE ATTORNEY FEES TO ENABLE LEASER TO COLLECT RENT, DAMAGES ETC. UPON TERMINATION OF THIS LEASE THE SECURITY DEPOSIT WILL BE HELD FOR 30 DAYS WITH DEDUCTIONS TO COVER ALL OUTSTANDING CHARGES COVERED IN THIS LEASE THAT THE TENANT HAS AGREED TO PAY, ie, ELECTRICITY ETC. MAID CHARGES FOR EXCESSIVE WEAR AND TEAR. WILL ALSO BE DEDUCTED FROM THE SECURITY DEPOSIT. THSI SECURITY DEFOSIT MAY NOT BE USED A.S THE LAST MONTHS RENT. A $25.00 LATE FEE WILL BE COLLECTED ANY TIME THE RENT IS PAIII AFTER. THE FIFTH DAY OF EACH MONTH. NO PETS OF ANY KIND ARE ALLOWED, UNDER ANX CONDITIONS!!! YOUR LEASE MAY BE IMMEDIATELY TERMINATED, THE SECURITY DEPOSIT WILL BE FORFEITED. nuns l•pon And it is further expressly understood and agreed that all covenants and agreements in this lease contained shall :lr;r. extend to and be binding upon the heirs, executors, legal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF the said Landlord and Tenant have caused this lease to be executed and their re- specti names to be subscribed hereunto this day of N6VC.rH.~r)l'v 19 tiL• (SEAL) I~~ /,f+" (SEAL) (SEAL) (SEAL) Trnant L.ndluni l~ o_ O M WJ ~ ~ C /W ~ F {V J W ~ 3a ~ . J " F- . ~ o ~ ~ W a F > ~ ri c o w G oq a o O ~ v. I = .--t d Q 1 w ~ ~ ~.l y ~ ~ f~ ~ ~ ~ ~ i ' . ~ i' 4I CONDOMINIUM LEASE ! October 15 19 90 j i I' ~ ~ THIS LEASE is made between the undersigned Landlord (hereinafter called "Landlord"), and the undersigned Tenant (hereinafter called "Tenant"). I `I In consideration of the payment of the rent and the performance of the promises set forth below, the Landlord does ~ + I 1 hereby lease to the Tenant, Condomium Unit No. Benchmark j Condominiums, according to the plat thereof, in e County of ~ State of Colorado: ~ _~I~`~Y7: =Beaver Creek Blvd , Avon, CO ! name and address) ' together with (a stove) (and a refrigerator) to be used only as a private residence (and for no other purpose whatsoever} i ; for the Tenant's family which consists of ~ adults and ~ children (aged ~ i ~ respectively), together with garage or parking place number n? ,storage space number ~ ,and all common elements appurtenant thereto. ' ~ ! i TO HAVE AND TO HOLD the condominium unit with all the appurtenances for a period commenrjng twelve i. o'clock roan on t~ye L~day of October , 19 90 ,and ending at twelve o'clock noon on the 11-day of I~ Mav , 19 70 ,unless sooner terminated as provided in this lease, for a rental of er 525.OOp~ month for each ' month of this lease payable in advance on or before twelve o'clock noon on the fust.day of each calendar month of said ' term az the office of the Landlord az the address set fob be ow. The Landl ledges the receipt of the first month's rent being $ 262.50 for the period from 10 / 1 S ~ 90 m ~1~~~J~ . ~ ~ Thetenant, in consideration of the leasing of the premises, agrees as follows: ; 1. To pay the rent as above provided, and [o promptly pay for all ~gppg electricity used. j ~ ~ 2. To comply with all reasonable rules and regulations which the Landlord or the condominium association may ; i, make for the protection of the building orthe general welfare and comfort of the Tenant's and owners. 3. To keep the unit in as good order and condition as when the same were entered by the Tenant, loss by fue, or i ; inevitable accident (except when caused by the negligence of the Tenant) or ordinary wear excepted. ~ +f 4r-1!~tefte-sublet-er.s ;,a~:,~e-pFea~is,.~ ~~r a.,~:d, c:.:. iease~or~any~:..,,,..,,.:2...,,...... 5..,..:.. 5. To use said premises for no purpose prohibited by the laws of the United States or the State of Colorado or the ordinances of city or town in which the condominium is located, and to comply with all police, fire and sanitary regulations imposed by any municipal, state and federal aut3toriry either aow in force or hereinafter acted, and to I use the premises for no improper or questionable purposes whatsoever, and to drive no nails, tacks ar screws into ' the walls, ceilings or doors or woodwork of the said condominium, nor to make any additions, altaatioru or repairs in or about the unit, nor to install any aerials, antennas, or wiring or to connect to any existing antennas or I ; wrnrrg without fast obtaining the written consent of the Landlord; to keep no guests, roomers or boarders, nor to l keep any animals on the said premises without fast obtaining the written consent of the Landlord; to keep the unit ' i 1 and every part thereof in good clean and sanitary condition and appearance, free from dirt, filth, waste or any ii ~ inflammable or dangerous material, also free from objectionable odors, and not to obstruct or place or permit to be placed any dirt, rubbish, article. or other thing in any of the plumbing fixutres, hallways, or stairways of the j building in which the unit is located, and to use the hallways and stairways only for ingress to or egress from the unit; not to throw or permit anything to be thrown from the unit; to place no additional locks or change any locks j upon any of the doors of the unit without the Landlord's consent; and to take good cote of and keep the unit so as ~ , not to endanger either the premises or endanger or annoy any other occupant in the building. Not to commit, I permit, or suffer any objectionable or disorderly conduct, Hoist or nuisance whatsoever about the premises on the part of the Tenant or on the part of the members of his family or guests, or commit, permit, or suffer anything to be ~ f done by any of them that will disturb or interfere with the rights, comforts or conveniences of other tenants. + C6: To neither hold nor attempt to hold theIandlord, or his agents or seryants liable for any irtjw-y or damage to person ~ ~ I ~ or property either proximate or remote, no matter how occasioned, or for any injury or damage arising from the ! I ~ acts of any other occupant or of any owners or occupants of adjoining property.. ' ! j 7. To allow the Landlord or any employee of the building to enter the premises at any time to make repairs, and to I ~ enter az any reasonable time to inspect the premises; to permit the Landlord or his agent to show the said premises to persons wishing to lease or purchase same. ' 8. That this lease shall be subordinate to the lien of any existing mortgages.or deeds of trust; and all deeds of trust I ,i j whuch may be made a lien on the premises in the future, as well as any'lien for the benefit of the condominium, ! association, and the Tenant agrees to execute and deliver such further instrtrnrent or instiuments subordinating this lease to the lien of any such deeds of trust as may be desiiied by the holder thereof, and the Teriant hereby appoints ~ the Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the Tenant. ' i j 9. In the event the pretises are left vacant and any part of the rent reserved is not paid, then the Landlord may, I without being obligated to do so, and without terminating this lease, retake possession of the said premises and ~ rent the same for such rent, and upon such conditions as the Iancllord may .think best, retaking such chatrge and ' repairs as may be required, giving aedit for the amount of rent so received; less all expenses of such changes and repairs, and the Tenant shall.be liable for the balance of the rent rrrserved herein until the expiration of the term of i ~ this lease. , 0. Upon termination of this lease, whether as above prov ided, or whether terminated any tither way , the said Tenant agrees to surrender and deliver up the premises and all keys peaceably to the Landlord immediately upon termination. I 1 I . The Tenant acknowledges that the Landlord retains the unrestricted right to change, alter, abolish, or add to any j of the appurtenances or the leased premises, as may seem best to the Landlord, and to dispose of or rent any other ! portion of the building which the Landkud tray own as the Landlo~ elects; that the Tetrant has relied solely on the statements contained in this lease and that he has read and fully ,understands the lease and that m agent or .;.Y.;aentative of the Landlord has authority to change this lease in any ttrannet or add to or detract from the provisions of this lease; that no assent on the part of the Landlord, ar implied, to any breach ar any one or i more of the covenants'or agreements hereto shall be deemed or taken to be a waiver of any succeeding or other breach or any continuation of such breach. I I yl `I I ! No. 1048. CONDOMINIUM LEASE 01983 8ndford Publi,hiny. r8r5 W. 61h Av<., Wcewood, CO t0r 1~-(701)A)~6900 7-81 Ill"-'iY'. la. r THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium association. 2. If any storage space is provided by. the Landlotti, it is understood that the storage space is only to accomodate the Tenant, and the Tenant uses the satire at his own risk, upon the express stipullation and agreement that the Landlord shall not be liable for any loss of r..,r:..~ stored in such storage space or any damage or injury or loss whatsoever 3. If the said demised premises are furnished, the inventory of said furnishings and personal property is hereto attached and hereby made a part hereof as fully and to the same extent as though enumerated herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted. 4. Ten~tt has deposited with the Landlord and will keep on deposit dt>ring the term of this lease the sum of g :187.50 ,which sum shall be retained by the Landlord as security for the payment by the Tertan[ of ' the rent herein agreed to be paid and for the faithful perforrnartce of all the tertru, conditions and covenants of this lease. If at any time.dtrring the term of this lease the Tenant shall be in default in the performance of any of the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof as may be necessary in payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord on the premises and in payment for any cleaning that must be done if premises are not left clean, but in no event will the Tenant be released from liability for the difference between the amount of the deposit retained and the actual damage or loss of rent sustained by the Landlord. Tenant deposit is to be refunded, without interest, after Tenant completely vacates provided Tenartt is not in default in any of the provisions of this lease and provided that there is no damage to the premises except ordinary wear, and provided premises ate left clean. At no~time may the Tenant use such deposit in lieu of rent. 5. It is agreed that if after the expiration of this lease the Tenant, with permission of the Landlord, shall remain in possession of said premises without written agreement or notification by the Landlord or a change in said rental as to such possession, that such possession shall not be deemed a renewal of this lease for the whole term or any pan thereof, but that such Tenant shall be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to the last monthly installment hereunder, subject, however, to all of the other terms of this lease. 6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to be pea-fotmed by the Tenant, which default shall be uncorrected for a period of three (3) days after Landlord has given written notice thereof, Landlord may , at his option, without liability for trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms of this lease ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant, those claiming under him, or any person or persons occupying the same and then effecu; all without prejudice to any other remedies available to the Landlord for arrears of rent or breach of covenant. 7. );n the event said premises are rendered totally untenantable by fire or other casualty, or in the event the building of which the demised premises are a part be so injtued or destroyed that the landlord shall decide within a reasonable time not to repair, this IeaSe shall cease and the rent provided herein shall be paid up to the date of such injury or damage. If the leased premises shall be partially destroyed or injtrr+ed by fire or other casualty, not arising from the fault or negligence of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according to the nature and extent of the damage which has been sustained, shall be abated until said premises shall have been duly repaired and restored. 8. In the event of any dispute arising under the terms of this lease, or in the.event ofnon-payment of any sums arising under this lease, and in the event the matter is wmed over to an attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorney's fees from the other party. 9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires they shall be deemed to refer equally to persons of both sexes and to c~,.r.,.ations and co-partnerships, singular to include plural and plural to include singular. ADDITIONAL PROVISIONS 10. SEE A?DII~UM A 11. Town of Vail agrees to contact Vail Resort Rentals & Realty, Inc. office with the names of the tenants occupying the: unit. This lease shall be binding on the parties, their personal representatives, successors and assigns. x r_~ rlha vgTT. KMYxl RIIaAIS & RFAZZY TENANT - Pam Brandmeyer for TOV LANDLORD 75 S. Frontase Rd, Vail 81657 605 N. Front.aQe Rd. Vail 81657 ADDRESS ADDRESS 'n .%.r.C. oCV l-t~+t~ TENANT Gil Dunning for K.G. Inc. ADDRESS A ADDENDUM A: Condominium/Residential Lease Lessee (Tenant) : * Tnwn of va~,j~tr~ Pam Brandmever Lessor (Landlord): Vail Resort Rentals & Realty, Inc. Lease Term: 10/15/90 - 5/1/91 Property: Benchmark D4 1. The total rental for the term of this Lease shall be the sum of $2,937.50 payable in monthly installments as described on page one of this Lease, due and payable on the first day of each month. Rent shall be deemed paid when received at the office of the Landlord as given below. A late rent fee of S 20•~ shall be assessed on any portion of rent not paid by 12 noon on the fifth day of each month. 2. Ten~a~nyt,y~-s~hya.~ll pay ~a~l^l,~^c^harges for electricity, cable TV, y,hgy'f r~7~IJGWlGJ~}~LIII,AU11.4u ~.i~1~n.~f'/~~NS.Ltl!(.'~~ `4~~~ c and telephone. 3. Last month's rent shall be used only for the month preceding the expiration of the lease, unless other written arrangements are made by Vail Resort Rentals & Realty, Inc. 3. Damage deposit and last month.'s rent wilt be'.held in an interest bearing account with inter'e~a~ accruing to Vail. Resort Rentals & Realty to defer bank`ng coats. 5. Under no circumstance may Tenant withhold any rent payment or portion of rent payment. 6. There shall be no more than 2 persons occupying this residence during the term of this lease without written permission from the Landlord. 7. In no event may this lease be assigned to anyone other than the named Tenant(s). If any changes in tenancy occur without prior written consent of the Landlord, this lease is void and persons occupying the premises may be subject to appropriate legal action. 8. When this unit is rented to more than one person, each person is individually liable for the full amount of the rent. 9, In the event Tenant breaks this Lease and moves out prior to the lease termination date, Tenant shall be in default of performance of this lease and shall be liable for, in addition to the sums which may be withheld for repair or cleaning, a re-rental fee in the amount of 10~ of the monthly rental rate. 10. A minimum S30 housekeeping fee shall be charged at move-out. 11. Said property shall be provided to Tenant with the following furnishings: See record of inventory 12. Tenant shall obtain personal property insurance. Neither Landlord nor Owner of said property shall carry such insurance on behalf of the Tenant. 13. Pets shall not be permitted at any time during the R, lease period. 11. Tenant understands that said property may be listed for sale at the option of the Owner at any time during the lease term. Landlord agrees to promptly notify Tenant once Landlord is notified of the "For Sale" status of said property. If said property is.listed far sale, Tenant understands realtors may show tY.~e property to prospective buyers. Advance notice of showings during the hours of gam - 6pm, daily, will be attempted in good faith by calling 479 - 2136 but cannot always be guaranteed. 15. Tenant agrees this lease may be terminated 45 days after written notice by the Landlord in the event the Landlord, Owner or Owner's agent enters into a contract for the sale of said property. 16. This Lease shall be construed under the laws of the State of Colorado and all litigation az'ising therefrom shall be brought only in the State of Colorado; it is the express intention of this provision to confer sole jurisdiction of all disputes arising frc>m the breech of this Lease on the Courts created by and sitting in the State of Colorado, regardless of tt~e residency or citizenship of the Tenant or Owner. 17. This Lease shall be binding upon the heirs, executors, ministr to and successors of the Tenant. 1 Vail Resort Rentals & Realty, Inc. Tenant- Pam Brandmeyer~ Date Landlord for Town of Vail ' Tenant Date 605 N. Fro~tage Rd., Vail, ~0 81657 or p@rso ally delivered to: 605 N. Frontage' Rd.#1, Vail CO Tenant Date _ ,,..r - ~..5.. _ erg, _ r I RESIDENCE LEASi~. THIS LEASE made du:.1 day of ~%CtnhE~.- . ly between Edward 1; . and ..h4~a_ T;` . ~.•~_)7r~•P C (the "L:u)Jlord") and TOWN OF VAIL _ L _ (the ..len:ud~ i Inconsideration of the p.n n)rnt of the rent and the prrfunnancr of the peimises h}' the Tenant set li)rth below, the Landlord .I. , hereb} Irasr w ;hr Tenant the follow•ine dr>.; shed residence situate) in the City or Tuwn nj Val 1 _ County of Le , in the State of Colorado tl.,' aJJress of w bleb is • 2E07 Arosa L-rive pnq,rrt) adarc,+ - Lnit r2, fyroca Townhouses, Vail >Jas Uchone Filing 1, Lot 12 ~ue;x Gast nalz) legal dr.rntuu,n 'I'O HAV O' U I ti ILp the same with • e appurtenances unh) the said Tenam from iwelvr o'clock noon nn the 1St ' day of Der . Iv~~ ,and until twrhe u'clutk noon untltr i0thday u( ~e pterrber ly _C1 12C0 • ~ _l~t ,L•p ut rash t:dcudar at and ti)r a rental of .5 per Hunch payable in advan •c I) ur h •li)Ir twelve u•chxk m)un un the month Juring the term . d ; h!s lease a1 the office o(lhr LandlurJ aI ~ b ~ 0 ~f ar S h a 11 ~ t . Littleton, CC X0123 CulomJa without notitr. hhr Tenant, in consiJrratiun of the Teasing of the premises agrees as tullcws: I. lb pay the rent ti). !hr premises above-de>rribed. To keep the impn), ~ n)rnts upon the premises, including sewer runnertiuns, plumbing. wiring and glass in gu+xi repai!, all .u hrnant's expense, anJ at the rapiratiun of this Ir.nr to surrenJer the premius in •as gu+xl a condition as when the'henant entrlyd lhr premises, loss h•. !nL anJ urdinar}' ar rvtrpuJ; u) properly im~~.,tr and care ti)r aN Imes. shruhben' and lawn at the 9enant's exlx nse. 'fu keep al l sidewalks un the prep ;,.'s free and clear ut ire and ,now. and w keep the entire e.etrriur premises Ircr From :dl litter. Jirt. debris mul obstrurtiuns; R) keep any septic systrnt. gu r.rtrap anJ ashpit .u a clean and sanitar} conJui• at. ' ~'-~f~'~ n, ]uv,~. u.~ ),..,v :-blW~f)rQi" • n i i~t ~'gn IhP I • _ _ _ ~..n, t6•. riltr•~ . :~n1 v,l iti„ i _ 1 J~ -t 'to use the pren)i.r, ,vtl}' as a residence anJ to use the prrmixa li)t' nu purposes ptuhihitrd by the laws o(the United States..r wr State of ('ulurado. or u! the ordinances ul the e'it} of Tuwn in which Bald premises are loraud, and fur m, impn)Ix~r ur yuestionahlr purposes whats.•, .rr, and to urrup} the same only as a pricatr t. ~;drnre. 5. 'fu neither hold ur .,rrngn a) hold the LanJlorJ liable fur :ut} injury ur damage utrasiunrd by delertis•e wiring or by the hrcol.ing or stopping ul the plun)hing or sewage up.~:' the premises, whether the breaking or,tuppagr results from (reeling or other+'ix: to neither permit an} ai n crcard to hc• place) on the premises for nxuuu:g ur huardmghousr purpous, nor a) permit any mum in said house to hr used li)r rucking or light noesekeeping purposes, except the kitchen, nor t~ ~ ; Hake any ;durations or change in, upon ur about the ,aid premises without tint obtaining the written to;urnl of the Landlord: hul to l><tn)it the LanJhnd to place a "For Rent" rmJ u(x)n the ptrmixs at :m}'time afire thirty Jays hrlure the end of this le.ur h To allow the LandlorJ u) ent~ry~,u~u)n tht~~r •n ' rasouahlr Hour. 7. 'fc pay all charge, I~.r 'a~ -Y' t'~..~' h+r healing and lighting of sail prcmi;i.. Il 15 EXPRESSLY t'NDERS'fODU .4ND :\(iREEU BE'1'N laity LANDLORD .4NU 'T'ENANT :yS FULLC)~~'S: K. Nu assent. expres, implirJ. to any breach ul any one ur more ul the agrern)rnts hereof shall be Jrenxd or taken to be a moaner of an}' succeeding or other breach. v It; after the expirm i. nl of this Icase, the Ten:mt ;hall remain in pu>srssion of the premises ;uxl runtinur h, pay rent without a ritten agreement as to such possession, thin such tenant}' shall he rcganlrJ as a month-to-nundh tc•n;u)cy. at a numthl}' rental. pa}ahle in advanm, ryui\ alone to the last nu)nth's rent pa1J under this Iea,e. ;mJ ;object n) all Ihr Irons and conditions of this lea;r. Itl. If the premises are Irlt vacant and any part ul the rent reserve) hrrrundrr is nut pail, then the Landlord may, without heir, . ~hligated to du,n, and without terminating this. Ir,lsr, retake possession of thasaid premises and rent the same li)r such rent, anJ upon such conditions a, nor l..andlurJ mav' think best. making such chain r ,ntd rrpail s us ntay hr reyu!re.l. gi+ing crrJit ti,r du ;unount of rent su) mcrived Tess all expenses of wrh .i,.ulgrs and rrpain. and the "tenants shall hr liai,le li)i the bal.rnre of the rem herein rrsen'eJ until the expiration ul the urn) of this lease. I I. •hhe srrurih~ depo,u in the :unuuut of 5 F nn • shall hr rrturnrJ U) the •linam. ur written amounting n)adr t1)t;rti)r, listing the exact rc:cons li)r the retention .,1 :u)y puruun of the srcuru\ Jrpusit. wuhiu sixty Ihtll J:n> ;dire unninalion of the lease, or smrenJ: t .mJ ac•reptancr ui the premises. The Landluni ,n,lll make an} writ0.•n ,tatcn)rm by nlailin~~ sail slatr!urnt w the Lot knuwu aJJrrcss of the Tenant. 12. If any part u(thr provide) to he paid hrn~in is nut paid when Jur. ur if ;u)}' Jrt:ullt is n)aJr in any otthr agreentrnt~ I:, the Irssre tumaiurd bruin. it shall br la+vlul ~ rhr L:u)JIorJ to Jrrl;lee tl:c• trnn rnJcJ, :u),f h) tour Tutu the prrmi,cs. either with ur without legal plo„•s, anJ to rcn)u+r the 7?Hain ur am' other pen. ni ,Kl'lll)\ IItC Ihr I1re111Ues. wllhUUt :1 breath UI the pCaer anJ wllhl)UI hrl? ~ Iiable k, prosrrutiun, or in J:,:nagrs therelor, and h, repus,rss the premise, :utJ altar of an} rights ul the ~Icnant. IL at an}' time, this Ir:ur i> trnuin:aed under this paragral)li the "tenant agree, a) pc•a~c•1'ulh'surrenJrrthc ;urmisrs to the I.:urJlurd inuurdiatrly upc,n unninatiun, anJ it rf,r •len:uu remains in posseuiun ufthe pre„~isrs, the li•naut shall hr Jtrnud guilty of fol. ! dr rmr\' :rnJ Je181nr1' UI the prc'mI?C1. anJ, \1'al\'lll ?UUCe, ,11:111 hr subject u, Ibrcible e+'irtiun with or • chow pnn•rss ul law I In the event of an+ ~,pulr :Irisine unJrr the trrnls of this Irax•, ur in the event of nom puyn)rnt of an}• sums arising under the base anJ iu the event the matur is turned over loan attorney, the part} prevailing in such Jispuu shall he entitled. in addition to other damages ur ro•.t• u) receive Irawnahlc ' auurnry's fees from the other party la. In the event any p;r, ~nrm rcyuircJ hrrrundrr is not made within ten (Ill) Ju}'s after Ihr paynunt is due, a Imr charge in Ih; .,,nuunt of tier lxlrent (5'Y, 1 nl the payn)em w ill he pail by the tenant. •fIIIS LEASE shall Lr h;nJing un the parti+a, their personal representatives. sucrensors and a,signs. AUUI.1'IONAI. PRO~'ItiIONS ` A'o more than three persons may occupy the premises at any ore time (except occasional short term guests). Tenants to pay all costs for snow removal from driveway and roof, which is shared 50/56 with owners of west half. ' Farking is shared 50/50 with cwners of west half. No radio, stereo system or television or an;J musical instrument will be played at such volume as to disturb~~'the peace of the owner of the west calf . In that the premises is listed (for sale), tenants agree tc allow the property to be shown tc prospective buyers at reasonable times. ( Tena~n` wi ~ p Qy ~9ot for teleph ca le service. L..uJloid !z - - rnaSi n V. Phillips Town Manager 10. 9R7. Rcv. 8•R3. Ntan)! ~t'F: LF.AtiE ~ Itl.lln~q.l I'uhh,hmg. ?K,, nth :1+r . L;il.r„o,nl, t 1) ~u'11 i ,u t; ';}-b~dNl , fit, Tenant shall solely responsible to obtain Renters Insurance. No pets. y .G , ~ ~ EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 4th day of November, 1986, by and between the Town of Vail, State of Colorado, a municipal corporation, hereinafter called "Employer", as party of the first part, and Rondall V. Phillips, hereinafter called "Employee", as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to continue to employ the services of said Rondall V. Phillips as Manager of the Town of Vail as provided by the Town Charter; and WHEREAS, it is the desire of the Governing Board, hereinafter called Town Council to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Town Council to (1) continue the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace or mind with respect to future security, (3) to act as a deterrent against maleficence or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to continue employment as Manager of said Town; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties , Employer hereby agrees to continue the employment of said Rondall V. Phillips as Manager of said Employer to perform the functions and duties specified in the said Charter of Vail and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. E Section 2. Terms A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B, of this agreement. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, of this agreement. C. Employee agrees to remain in the exclusive employ of Employer until August 31, 1988, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on employee's time off. D. Except as hereinafter provided in Section 4, in the event written notice is not given by either party to this agreement to the other ninety (90) days prior to the termination date as hereinabove provided, this agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of two (2) years. Said agreement shall continue thereafter for two-year periods unless either party hereto gives ninety (90) days written notice to the other party that the party does not wish to extend this agreement for .an additional two (2) year term. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, by a majority vote of the Council. -2- ~ Section 4. Termination and Severance Pay A. Employer shall, have=~he-right to~-~termi~ate Employee prior to the expiration of the aforesaid term, or at any time thereafter if said term is extended. In the event Employee is:termi~aated-by the Council before expiration of the aforesaid term of this agreement, or during any extension thereof, and during such time that Employee is willing and able to perform h:is=duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash severance payment equal to three (3) months aggregate compensation then in effect. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the board reduction for all Town of Vail employees, or in the event Employer refuses, following-written notice, i:o comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that he resign, or the Council gives notice to the Employee that the Council does not wish to extend this agreement as provided in Section 2, paragraph D, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of~~the_~herein~ severance- pay_ provision. C. In the event Employee,volantarily resigns his position with Employer, before expiration of the aforesaid term of this agreement, then Employee shall give Employer thirty (30) days notice in advance, unless the parties otherwise agree. It is understood by the parties that in the event the Employee voluntarily resigns his position before the expiration of the term of this agreement, then no lump sum cash severance payment equal to three (3) months aggregate compensation shall be paid to the Employee. D. In the event Employee is terminated by the Council, before Employee is fully vested in the Town retirement plan, Employee shall receive, within a -3- r - reasonable ~ period of time, compensation equal to al'I non-vested contributions plus all vested interest in the Town retirement plan. It is understood that Employee may choose to leave the total vested and non-vested amounts in the Town retirement plan pool following termination if he so desires. It is further understood by the parties that should Employee voluntarily resign his position with Employer before Employee is fully vested in the Town retirement plan, he shall not receive compensation equal to all non-vested contributions in the Town retirement plan, but shall only receive his vested interest in the retirement plan. Section 5. Salary A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary payable in installments at the same time as other employees of the Employer are paid. B. Employer shall review Employee's salary on an annual basis. Based on such reviews Employer may increase Employee's base salary or other benefits in an amount the Town Council in its sole discretion may determine is appropriate. Section 6. Performance Evaluation A. The Town Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with-the Employee. Further, the Mayor shall provide the Employee with the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. -4- J i i . Section 7. Housing - , A;---Employee~is required to live within the Town limits of Vail in the house provided by the Employer at 2507 Arosa Drive as Vail is a resort.,community-and living within the community will enable Employee to properly perform his duties by residing in close proximity to all Town services for which Employee is responsible. B. Employer agrees to provide the house at 2507 Arosa Drive for the Employee at no cost for rent, with the Employee responsible only for payment of all monthly utility costs. Section 8. Automobile Employee's duties require that he shall have the exclusive and unrestricted personal use at all times, excluding personal vacation outside of Colorado, during his employment with Employer of an automobile provided to him by the Employer. Employer shall be responsible for paying for liability, property damage and comprehensive insurance covering business and personal use of Employee and spouse and for the lease or purchase, operation, maintenance, repair and regular replacement of said automobile. Section 9. Dues and Subscription Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. ~ . - - _ _ Section 10. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional-and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not -5- t .limited to the Annual Conference of the International City Management Association, f the state league of municipalities and such other national, regional, state and` local governmental groups and committees thereof which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for this professional development and for the good of the Employer. Section 11 General Expenses Employer recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said reasonable general expenses, and the Administrative Services Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 12. Health Club Membership Employer recognizes the desirability of participation in physical conditioning, and Employee is authorized to become a member of one health club for which Employer shall pay all expenses. Section 13. Physical Examination Employer shall pay all fees not covered by health insurance for an annual physical examination for Employee. Section 14. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Manager, excluding intentional torts or any action resulting in punitive damages against the Employee. -6- Section 15. Other Terms and Conditions of Employment A. The Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Town Charter or any other law. B._T._All provisions of the Town Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, disability, health, life insurance, holidays and other fringe benefits and working conditions as they now exist~or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded to department heads, including provisions governing accrual and payment therefor on termination of employment. Section 16. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 17. General Provisions _A.____._ The text herein shall constitute the entire agreement between parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing September 1, 1986. f D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. -7- IN WITNESS WHEREOF, the Town of Vail has caused this agreement to be signed and executed 'in.its.behalf~~by~n~ts Mayor;~and~duly~attested by~its Town Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. PaT R. Jo ton, Mayor of Vail ATTEST: ~ Pamela A. Brandmeyer, Town Clerk Approved as to Form: Lawrence A. Eskwith, Town Attorney Rondall V. Phillips, Town Manac,~er f -8- REVISED Administrative Policies for Interpreting Gross Residential Floor Area and Site Coverage The following policy statements shall be used by the Department of Community Development for calculating GRFA and site coverage. The purpose of these policies is twofold; first, to highlight the significant changes that have been made to these development standards and second, to clarify interpretive issues inherent in the calculation of GRFA and site coverage. GRFA 1. The allowable garage credit is awarded on a "per space basis", with a maximum of two spaces per constructed dwelling unit. Each garage space shall be designed with direct and unobstructed vehicular access. Vehicles must be able to access the garage space. All floor area included in the garage credit shall be contiguous to a vehicular space. 2. All interior walls are included in GRFA calculations. For duplex and primary/secondary structures, common party walls shall be considered exterior walls. 3. Bay windows, fireplaces, mantels, flues; vents, etc. shall be included in GRFA calculations. 4. Vaulted spaces are not included in GRFA calculations. 5. At the discretion of the Director of Community Development and the Chief Building Official, crawl space created by a "stepped foundation" with floor to ceiling height in excess of five feet may be excluded from calculation as GRFA. 6. An additional 425 square feet of GRFA is permitted on a "per constructed unit" basis in the SF, 2-Fam, P/S and Hillside Residential zone districts. In order to quali~y for this additional square footage, a constructed unit shall be an independent dwelling unit as defined in section 18.04.070 of the Municipal Code, shall have its own private ingress/egress and shall be a minimum size of square feet. This additional GRFA is permitted for each constructed dwelling unit, regardless of whether the units are open market, or restricted employee unit. There are, however, no restrictions on haw this additional GRFA is allocated on the lot. Site Coverage 1. Bermed structures with portions of building elevations visible on any side, shall be included in site coverage calculations. Totally underground structures that: do not alter the natural topography of a site, shall not be included in site coverage. calculations. 2. "Cut-outs" of roof elements shall be included in the calculation of roof overhangs and eaves. 3. Any portion of a deck below a roof overhang or eave shall be considered a covered deck. Decks that have cut-out roofs shall also be counted as covered decks. 4. Site coverage on lots with an average slope of 30% or greater is reduced to 15%. The purpose of reducing site coverage is to minimize disturbance on a lot. 5. Ground level decks and patios shall not be included in site coverage calculations. Administrative Policies for Interpreting Gross Residential Floor Area and Site Coverage The following policy statements shall be used by the Department of Community Development for calculating GRFA and site coverage. The purpose of these policies is twofold; first, to highlight the significant changes that have been made to these development standards and second, to clarify interpretive issues inherent in the calculation of GRFA and site coverage. GRFA 1. The allowable garage credit is awarded on a "per space basis" , with a maximum of two spaces per allowable unit. Each garage space shall be designed with direct and unobstructed vehicular access. All floor area included in the garage credit shall be contiguous to a vehicular space. 2. All interior walls are included in GRFA calculations. For duplex and primary/secondary structures, common party walls shall be considered exterior walls. 3. Bay windows, fireplaces, mantels, flues, vents, etc. shall be included in GRFA calculations. 4. Vaulted spaces are not included in GRFA calculations. 5. At the discretion of the Director of Community Development and the Chief Building Official, crawl space created by a "stepped foundation" with floor to ceiling height in excess of five feet may be excluded from calculation as GRFA. 6. An additional 425 square feet of GRFA is permitted on a "per constructed unit" basis in the SF, 2-Fam, P/S and Hillside Residential zone districts. In order to qualify for this additional square footage, a constructed unit shall be an independent dwelling unit as defined in section 18.04.070 of the Municipal Code, shall have its own private ingress/egress and shall be a minimum size of square feet. This additional GRFA is permitted for each constructed dwelling unit, regardless of whether the units are open market, caretaker or other type of restricted employee unit. There are, however, no restrictions on how this additional GRFA is allocated on the lot. Site Coverage 1. Bermed structures with portions of building elevations visible on any side, shall be included in site coverage calculations. Totally underground structures that do not alter the natural topography of a site, shall not be included in site coverage calculations. 2. "Cut-outs" of roof elements shall be included in the calculation of roof overhangs and eaves. 3. Any portion of a deck below a roof overhang or eave shall be considered a covered deck. 4. Site coverage on lots with an average slope of 30~ or greater is reduced to 15~. The purpose of reducing site coverage is to minimize disturbance on a lot by consolidating structures. 5. Ground level decks and patios shall not be included in site coverage calculations. r VAIL VALLEY MARKETING BOARD SUMMER VISION COMMITTEE OBJECTIVE: To study the advisability and the mechanisms of creating and managing a competitive, permanent, and equitable marketing fund towards making significant improvements to the summer tourism economy of the Vail Valley. The goal is to have a proposal completed for community review by mid-Summer 1991. COMMITTEE MEMBERS: THE TOWN OF VAIL THE TOWN OF AVON THE TOWN OF MINTURN EAGLE COUNTY VAIL ASSOCIATES BEAVER GREEK RESORT COMPANY VAIL VALLEY BOARD OF REALTORS VAIL VALLEY RESTAURANT ASSOCIATION VAIL VALLEY FOUNDATION VAIL VALLEY ARTS COMMUNITY VAIL VALLEY BUSINESS COMMUNITY VAIL VALLEY MARKETING BOARD VAIL RESORT ASSOCIATION _ VAIL VALLEY MARRETING BOARD SUMMER VISION COMMITTEE OBJECTIVE: To study the advisability and the mechanisms of creating and managing a competitive, permanent, and equitable marketing fund towards making significant improvements to the summer tourism economy of the Vail Valley. The goal is to have a proposal completed for community review by mid-Summer 1 991 . .J ~~1~~ COMMITTEE MEMBERS: THE TOWN OF VAIL l~Yll~ ~ls~'1~ THE TOWN OF AVON THE TOWN OF MINTURN EAGLE COUNTY VAIL ASSOCIATES BEAVER CREEK RESORT COMPANY VAIL VALLEY BOARD OF REALTORS VAIL VALLEY RESTAURANT ASSOCIATION VAIL VALLEY FOUNDATION VAIL VALLEY ARTS COMMUNITY VAIL VALLEY BUSINESS COMMUNITY VAIL VALLEY MARKETING BOARD ~l.~YtA1.~.~ VAIL RESORT ASSOCIATION f ORDINANCE NO. 37 Series of 1990 AN ORDINANCE REPEALING AND REENACTING SECTION 18.04.130, THE DEFINITION OF. FLOOR AREA, GROSS RESIDENTIAL (GRFA), SECTION 18.09.080 DENSITY CONTROL--HILLSIDE RESIDENTIAL DISTRICT, SECTION 18.10.090 DENSITY CONTROL--SINGLE-FAMILY DISTRICT, SUB-SECTION 18.12.090 (A) DENSITY CONTROL--TWO FAMILY RESIDENTIAL DISTRICT, SUB-SECTION 18.13.080 (A) DENSITY CONTROL--PRIMARY/SECONDARY RESIDENTIAL DISTRICT AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Gross Residential Floor area is an important tool for controlling the level of development in the Town; and WHEREAS, modifications to the Gross Residential Floor Area system are necessary to ensure its effectiveness; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed amendments, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Section 18.04.130, the definition of floor area, gross residential, is hereby repealed and reenacted to read as follows: 18.04.130 Floor area. aross residential (GRFA) Gross residential floor area (GRFA) means the total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e. not including furring, sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, mechanical chases, vents, storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of paragraph A below. A. Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculation as GRFA: 1. Two garage spaces of up to three hundred (300) square feet per garage space not exceeding a maximum of two spaces for each constructed dwelling unit permitted by the zoning code. 2. Attic space with a ceiling height of five feet or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly I s above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA provided the trusses are spaced no greater than thirty inches apart. 3. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or covered decks, parches, terraces, patios or similar features/space with no more than three exterior walls and a minimum opening of not less than 25% of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature/space provided the opening is contiguous and fully open from floor t:o ceiling, with an allowance for a railing of up to three feet in height. GRFA shall be calculated by mea:auring the total square footage of a building as set forth in Section 18.04.130 above. Excluded areas as set forth in paragraph A shall then be deducted from total square footage. B. Within buildings containing more than two allowable dwelling or accommodation units, the following additional areas shall be excluded from calculation as GRFA: 1. Garages; 2. Solar heating rock storage areas; 3. Mechanical areas; 4. Common hallways, common closets, lobby areas, stairways and common enclosed recreational facilities not exceeding a maximum of an amount equal to twenty percent of the allowable GRFA permitted on the lot. Any square footage which exceeds the twenty percent maximum will be included in the calculation of GRFA; 5. All or part of an airlock not exceeding a maximum of twenty-five square feet. per allowable dwelling unit. Section 2 Section 18.09.080, Density Control in the: Hillside Residential District is hereby repealed and reenacted to read as follows: 4 18.09.080 Density Control Not more than two dwelling units plus one caretaker unit shall be permitted on each site. The following GRFA shall be permitted on each site: a. Twenty square feet of GRFA for each one hundred square feet of the first twenty-one thousand seven hundred eighty square feet of site area; plus b. Five square feet of GRFA for each one hundred square feet of site area over twenty-one thousand seven hundred eighty square feet. In addition to the above, four hundred seventy-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. On any site containing two dwelling units, one of the units shall not exceed twelve hundred square feet of gross residential floor area (GRFA). This unit shall not be subdivided or sold separately from the main dwelling. This unit may be integrated into the main dwelling or may be integrated within a garage structure serving the main unit, but shall not be a separate free standing structure. Section 3 Section 18.10.090 Density Control in the Single Family District is hereby repealed and reenacted to read as follows: Section 18.10.090 Density Control Not more than one dwelling unit shall be permitted on each site. The following GRFA shall be permitted on each site: a. Twenty-five square feet of GRFA for each one hundred square feet of the first twelve thousand five hundred square feet of site area; plus b. Ten square feet of GRFA for each one hundred square feet of site area over twelve thousand five hundred square feet. In addition to the above, four hundred seventy-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. No single family residential lot except those located entirely in the red hazard avalanche zone or the flood plain shall be so restricted that it cannot be occupied by one single family dwelling. Section 4 t Sub-section 18.12.090 (A) Density control in the Two Family Residential District is hereby repealed and reenacted to read as follows: 18.1,?..090 Density Control A. Not more than a total of two dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fifteen thousand square feet. The following GRFA shall be permitted on each site: a. Twenty-five square feet of GRFA for each one hundred square feet of the first fifteen thousand square feet of site area; ~>lus b. Ten square feet of GRFA for each one hundred square feet of site area over fifteen thousand square feet, not to exceed thirty thousand square feet of site area; plus c. Five square feet of GRFA for each one hundred square feet of site area in excess of thirty thousand square feet. In addition to the above, four hundred seventy-five square feet of gross residential floor area (GRFA) shall be permitted for each constructed dwelling unit. No Two-Family residential lot except those located entirely in the red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a Two-Family dwelling. Section 5 Subsection 18.13.080 (A) Density Control in the Primary/Secondary Residential District is hereby repealed and reenacted to read as follows: 18.13.080 Density Control , A. Not more than a total of two dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fifteen thousand square feet. The following GRFA shall be permitted on each site: a. Twenty-five square feet of GRFA for each one hundred square feet of the first fifteen thousand square feet of site area; plus r S- b. Ten square feet of GRFA for each one hundred square feet of site area over fifteen thousand square feet, not to exceed thirty thousand square feet of site area; plus c. Five square feet of GRFA for each one hundred square feet of site area in excess of thirty thousand square feet. In addition to the above, four hundred seventy-five square feet of gross residential. floor area (GRFA) shall be permitted for each constructed dwelling unit. No Primary/Secondary residential lot except those located entirely in the red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a Primary/Secondary dwelling. Section 6 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 7 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 inhabitants thereof. Section 8 The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5 Section 9 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this Ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R.. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk f 6 . \ ~'~i TOWN IF VAIL 75 Soutb Frontage Road Department of Public Works/Transportation Yail, Colorado 81657 303-479-2158/FAX 303-479-2157 MEMORAly uuri TO: Members of Town Council, Planning Commission and Design Review Board FROM: Todd Oppenheimer DATE: November 30, 1990 ~?v" RE: Planning for Stephen's Park ~,n As you are aware Stephen's Park in West Vail is scheduled to be developed in 1991 and 1992. The following is the schedule that is being anticipated at this time: November 23, 1990 Complete selection of design consultant. (EDAW Inc. from Fort Collins was selected by RFP process) ' December 12, 1990 Hold the first of two public neighborhood meetings to discuss and gather input regarding the project. (The meeting is scheduled for 7:00 p.m., Wednesday, December 12, 1990 in Room 400 of the Colorado Mountain College) Week of Jan. 7, 1991 Complete two or three alternative Designs for the project and hold the second public meeting to select the most desired alternative on the Preliminary Materplan. January 16, 1991 Present Preliminary Masterplan to Design Review Board for discussion. Complete any revisions that may be necessary. January 29, 1991 Present Preliminary Masterplan to a joint Town Council and Planning Commission work session. Complete any revisions that may be necessary and begin work on construction documents. . ~ r February il, 1991 Formal Planning Commission presentation of Final Masterplan. February 19, 1991 Formal Town Council presentation of Final Masterplan. Week of March 18, 1991 Make final revisions to construction documents and put project out to bid. Week of April 15, 1991 Make contractor selection following bid process. Week of May 6, 1991 Issue "Notice to Proceed" for 1991 phase of construction. Please try to attend the public meetings if they fit into your schedule. Your input in these early stages will be very beneficial. I think this will be an enjoyable project and I am excited about working on it. If you have any questions, please don't hesitate to give me a call. Thanks! 2 Garton REC'~ NOV 2 61990 Development company POST OFFICE BOX 705 YAiI, COLORADO 81658 303-478-5075 303,478-7455 FAX November 20. 1990 Mr. Ron Phillips Town Manager Town of Vail 75 S. Frontage Road Vail. CO 8165? Dear Ron: Per our conversation yesterday, this letter is to express our interest in purchasing or leasing 10,000-12.000 square feet above the Lionshead parking structure when you undertake your proposed re-construction of that. structure. As I mentioned. I get hundreds of inquires each year regarding my starting a new Carton's Saloon. There is a real demand in this town from locals and tourists alike for a major entertainment and dancing nightspot. The Lionshead structure location would be ideal because of its juxtaposition to the major Vail tourist population base and its close proximity to adequate nighttime parking. We might need QUO-3UU parking spaces. we have been working on plans for a long time for a major Colorado cowboy bar ,restaurant, and nightclub. This would be a clean, upbeat, cowboy-motif and would appeal to families in the early evening hours and then dancing-oriented adults in the later evening hours. This would be a large, extremely professionally- run operation. I think this would be a valuable addition to Vail's nightlife and a viable business for our group. I would appreciate your giving me a call so that I might talk to you about this further and possibly meet with your architect to see what the physical parameters of this project might be. I know there will be political considerations; but perhaps we can deal with those at a later time. S'nce ely your ~Y _ ~ Dave Garton DG: b ] , . . ~ L gas ~ y o i ~ ~~e ~ ~i r~~ ~~i ~ ~ o~ ~ ~kol~ v-pe,~, ho~u,seRa,- . ~~ease v ~e~¢ ~.~e ~ ~ 5 1 A,~titi~G~a, , ~ 99 ~ T~~e ~~z : o o ~ ~ o ® tin a ker~~oo r~~K?~ _ . Y _ 9-- a s . _ _ ~G~ Paid or by }h¢ ~vrnmi~~ee for Tim 1~11Yth, Inc. REC'r DEG - 3199 J 1990 TOWN OF VAIL ACCOMPLISHMENTS GENERAL - Accomplished the purchase of Berry Creek 5th Filing. - Participated in promoting the unsuccessful County election for recreation and affordable housing. - Successfully negotiated contract for purchase of Holy Cross parcel. - Secured agreement from Upper Eagle Valley Sanitation Districts and Vail Valley Water Districts to refund Village parking structure tap fees ($36,000). - Coordinated Cultural Arts Center Steering Committee efforts. - Pursued and negotiated affordable housing project with PDC. Continue to work with other developers. - Progressed on Municipal Complex planning. - Participated in Dowd Junction Forest Service Information Center planning and coordination. - Facilitated URA move from VTRC to old Post Office building. - Negotiated upper County bus system with Avon and VA. - Participated in analysis of Avon STOLport proposals for reopening. - Participated in VRA discussions of an areawide Convention and Tourism Bureau. - Changed TOU pension plan to allow choice of investment instruments for employees nearing retirement. - Implemented reorganization plan for TOV management staff. - Developed community relations effort for summer parking plan during construction of VTRC. - Developed innovative financing package for construction of VTRC. - Reelected to CML Executive Board. A few other items researched and/or implemented for Council include: 1. Jake brakes 2. Resident surveys 3. Supplemental wages for census enumerators 4. Protesting census results 5. EuroFaire 6. Below cost timber initiative 7. Time parameters for Council meetings 8. Booth Falls rockfall mitigation 9. Ford Park Aquatic Center 10. Booth Falls par 3 golf course 11. Town-wide leash law 12. TV translator 13. NWCCOG 14. People mover 15. View corridors 16. VA/Gillett Holdings, Inc. r ~ ADMINISTRATIVE SERVICES DEPARTMENT SALES TAX ADMINISTRATION - Produced monthly sales tax newsletter "Vail Business Review," for distribution to area businesses. PUBLIC RELATIONS - Production of resident newsletters and other mass produced information tools. - Organization of public forums and/or other opportunities for Town Council/ government to communicate goals, objectives, and concerns. - Liaison between community organizations/groups and government. - Organization/facilitation of community surveys and monitoring of resident and guest opinion on case-by-case basis. Increased to over 8,000 surveys sent out in 1990. - Organization of visitor welcoming and response to visitor information needs. - Production of welcome packet for both visitor groups and new residents. - Improvement of information flow between local members of the media and the government through person-to-person contact and assistance. - Production and dissemination of press releases and other informational tools. - Implementation of Town of Vail informational television station, pursuant to Heritage Cable contract. DATA PROCESSING - Ongoing training of all appropriate Town personnel in use of computer. - Conducted study on future hardware needs. New computer is planned in order to reduce maintenance costs. COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE/PLANNING/ZONING - Completed County Housing Needs Assessment and completed Affordable Housing Study for TOU. - TOU Master Transportation Plan: This element began at Christmas, 1988, with the parking survey and analysis (Phase I). The project began in the fall of 1989 and the preliminary report is now available. The p1 an ad dresses transportation and parking including public transit, Frontage Road design, location and number of public parking spaces, and how all of these elements interrelate. - Village to Lionshead Pedestrian Connection/West Meadow Drive: This project is now being designed and will address pedestrian, drainage and safety considerations. - Village Streetscape Plan: This project will design for the Village a comprehensive streetscape plan (pavers, planters, pocket parks, landscaping, benches, fountains, drainage, bridge improvements, etc.). - Zoning Code/Sign Code/Design Guidelines: Underway. The revisions of these codes will be the department's highest priority for 1990 (winter, 1990 to fall, 1991). - Cemetery: Site finally selected. -2- r ~ BUILDING SERVICES/PROJECT MANAGEMENT - Department Improvements: Routing system for plans changed so that all plans go directly to the building department. We will continue to increase our productivity by digitizing square footage of plans. - Plan Check: Now doing 100% in-house plan checks to keep from paying outside consultant fees. - Dealt with an enormous volume of building activity and still continued to provide quality service. ENVIRONMENTAL HEALTH - Continued work with the PEC to develop an air quality control program which will continue to be proactive and help to maintain excellent air quality in the Vail Valley. - Continued work in the area of recycling to develop a viable program here in Vail and possibly county-wide. FIRE DEPARTMENT - Bought new quad fire truck. - Completed Fire Service Analysis. POLICE DEPARTMENT PATROL - Have now hired for all police patrol positions without sacrificing the quality of officer which we pursue. INVESTIGATIONS - Continued the ongoing program to respond to the illegal drug problems within the Town of Vail. - Working in conjunction with the Crime Prevention section, conducted community/business programs addressing current crime trends and measures aimed at reducing specific criminal activity; i.e., burglary and ski thefts. - Received $750,000 in drug bust funds to supplement drug enforcement activities. DISPATCH AND CLERKS - The Vail Police Dispatch Center monitors and dispatches radio traffic not only for the Vail Police Department, but for five other police agencies, three fire departments, the Eagle County Ambulance Service, Search and Rescue, the State of Colorado Division of Wildlife, the U.S. Forest Service, Vail Associates, and the Town of Vail bus system and street department. - Implementation of new microwave communications system. COMMUNITY SERVICE OFFICERS - First year of an expanded and "mature" Community Service Division. Results have shown on streets in better code enforcement and animal control. -3- PUBLIC WORKS/TRANSPORTATION DEPARTMENT STREETS AND ROADS MAINTENANCE - Intermountain street improvements. - Performed street patching and other maintenance on a priority basis. - Performed crack sealing of asphalt surfaces to extend life of pavement. - Continued implementation of long-term street light maintenance program and 5-year improvement plan in conjunction with Town Electrician. - Continued recreation path maintenance program. - Implemented Vail Signage Improvement Plan. STREETS AND ROADS/SNOW REMOVAL - Hired engineering consultant to design new snow dump. - Purchased 40 cubic yard end dump trailer for increased snow hauling. STREETS AND ROADS/SWEEPING - New street sweeper purchased. - Maintained a healthful environment for the Town by preventing dust pollution. Utilized street sweeper on a periodic basis during winter. - Placed a high priority on clean-up and sweeping immediately after special events. Coordinated with other Town departments in special event planning and functions. LANDSCAPING AND PARKS MAINTENANCE - Landscaping crew planted approximately 100,000 flowers in 1990. - Hired Park Superintendent/Landscape Architect to design and implement Real Estate Transfer Tax Capital Projects. Have now begun in-house designs for various RETT projects. - Finished design and started work on landscaping East Vail Interchange. BUILDING AND STRUCTURE MAINTENANCE - Continued replacement of temporary wood planters with permanent rock planters. (Vorlaufer and Antlers) - RAM implemented capital asset maintenance programs. Emphasized the correction of safety and building code violations. - Began program to add and improve bus stop shelters; rehabilitated Lionshead and Covered Bridge bus stops. Added new West Vail Mall bus stop and shelter. - Installed additional Christmas tree lighting. TRANSPORTATION/BUS ADMINISTRATION - Expanded bus service hours and routes considerably. - Combined host position with driver responsibility. - Continued replacement of bus fleet. - Personnel change in Transit Superintendent position. -4- ~ f VTRC AND LTRC MAINTENANCE - UTRC building expansion and renovation. Construction management with project on time and on budget. Also accomplished other projects related to VTRC expansion such as Frontage Road widening. - Continued to place increased emphasis on cleanliness in structures. - Successfully dealt with the potential summer parking public relations problems that could have, but did not, reflect poorly on the TOU. HEAVY EQUIPMENT FUND - Updated and continued 5-year vehicle replacement program. - Installed the Town computer system that will enhance Fleet Service. - Designed, constructed, and equipped vehicle body and paint shop to eliminate contracted-out services (except major damage). - Removed old Town Shops tanks. - Replaced old oil storage tank at Shops complex with new above ground tank. LIBRARY - Built the new children's area. - Continued to upgrade the computer and multimedia services available to the public. OTHER RETT PROJECTS - Started work on East Vail recreation path (final phase). - Purchased four lots in West Vail. - Purchased two sites in Intermountain (old pool site) and finished most of landscaping. - Began work on investigating Dowd Junction recreation path. - Nearing completion of Golf Course and Spraddle Creek parcel purchases. - South Ford Park entry completed. - Designed and started construction on East Vail Interchange landscaping. - Installed lighting system from Amphitheater to parking lots. CAPITAL PROJECTS - Handicap access van - West Gore Creek Drive bridge - Post Office Remodel/VRA move - Fire truck purchase - Bus replacement - Forest Service joint visitor center - Street maintenance and improvements - New snow dump site - Street light improvement - Miscellaneous building maintenance - Recreational paths maintenance - Parking structures projects - TOU Shop maintenance and improvements -5- - Library children's area remodel - Bus interior refurbishment - Municipal building remodel/study - Fire Department furniture and carpet - Bus shelter improvements - West Meadow Drive conceptual design - Holy Cross purchase - Parking structure construction -6-