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HomeMy WebLinkAbout1990-12-18 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 18, 1990 1:00 P.M, AGENDA 1. Liquor Board Applicant Interviews 2. Discussion of neon signs 3. Discussion of Ordinance 42, Series of 1990, an ordinance repealing and reenacting Chapter 8.28 of the Muncipal Code of the Town of Vail to expand, strengthen, and clarify code provisions relating to Air Pollution Control 4. Discussion of Street Entertainment long-term contract with Skyline Talent and Production, Inc. 5. Vail Village Transportation Center Expansion and Renovation Budget Update 6. Discussion of Intern Employee Housing at Satch's Restaurant at the Clubhouse 7. Information Update 8. Other 9. Executive Session - Legal Issues 10. Site Visit - Sonnenalp Redevelopment, 20 Vail Road (wear boots) VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 18, 1990 1:00 P.M. EXPANDED AGENDA 1:00 1. Liquor Board Applicant Interviews Pam Brandmeyer 1:10 2. Discussion of Neon Signs Kristan Pritz Action Requested: Discuss the issue of whether or not neons should be prohibited in Vail or allowed only under certain circumstances. Provide staff with direction on code changes if necessary. Background/Rationale: Jack Curtin requested that staff bring the issue of neon to the Council's attention. The neon issue was discussed in 1988, but was never resolved. At this time, staff opinion is that neon is not specifically prohibited for interior window signs. Staff has not allowed neon for exterior signs. However, the code could be written more clearly to indicate where and how (if at all) the community wishes to provide for neon. Staff has included the two sections of the sign code referenced in Jack Curtin's letter. Please see the enclosed 1988 staff memo which summarizes the last discussion of this issue with Council. 1:55 3. Discussion of Ordinance 42, Series of 1990, an ordinance Susan Scanlan repealing and reenacting Chapter 8.28 of the Municipal Code of the Town of Vail to expand, strengthen, and clarify code provisions relating to Air Pollution Control. Action Requested of Council: Review Ordinance 42 in order to make comments, changes, or recommendations prior to formal first reading approval. BackOround/Rationale: Staff has drafted a new ordinance relating to fireplaces based on discussion with Planning Commission and Town Council. The reason for the new ordinance is to keep abreast and take advantage of new technology which presents more environmentally sensitive alternatives. Planning Commission also made recommendations for multi-family developments which staff will discuss at Work Session. Staff Recommendation: Review and approve Ordinance 42 for first reading. 2:40 4. Skyline Talent and Production, Inc. has proposed a Pam Brandmeyer three-year summer street entertainment contract. The contract would lock in fees at $37,065.00 for this duration. Covered in the terms of the contract are ASCAP and BMI fees and handling, insurance coverage, artists' fees, and the agency fee. $38,000.00 is currently budgeted for 1991. Action Requested of Council: To approve this contract. Background/Rationale: Since the street entertainment committee has been sending out RFP's the past two years, the number of proposals has dwindled from 6 to 2 (1990). A good working relationship has been established with Skyline Talent and the committee feels confident this agency can continue to supply and coordinate quality entertainment and a variety thereof. Staff Recommendation: To approve this contract. 2:50 5. Vail Village Transportation Center Expansion and Renovation Stan Berryman ~ ,Budget Update Action Requested of Council: Information only. Background/Rationale: Budget status of the VTRC Project (see enclosed information). The Project is on time and on budget as of 12/7/90. Staff Recommendation: Information Only 3:05 7. Discussion of Intern Employee Housing at Satch's Restaurant Paul Golden at the Clubhouse 3:10 8. Information Update 3:15 9. Other 3:40 10. Executive Session - Legal Issues 4:00 11. Site Visit - Sonnenalp Redevelopment, 20 Vail Road Mike Mollica -2- ~u.~,~, rd .~a •RB t tt i v 2 `.a C c~tJ~-c c--~ f ,5 ~ ~~2~ C,,~D~ ~gc-~ l ~/l --~GL.c. i'.,2~2 v Cwt ~ v~ i ~ o Ua~ f . ~L ~ ~ o~ ~ ~o~ r .1 ~ t ~;,~a,,,o ~.Ccl -.c W ~ iC l~ ~ 4j !/l~cL...255~? ~ ~ G~ 7G-t 25,~'~ "as 2 5~ o ` V~ ~a c/ l~l?C ~"o i ~~~~'''~-e`L ~ t.~t ~ ~c> a' ~'~vt~ c~ s1 r o ~l-~~~ has ~ ~'i--~ ~ ~L~ ~ ~s~ a ~1,, ~ r l.~ c~ C.sz-rte ~ 9~ REC'~ GEC - 31990 ASRS. CORTLANDT T. HILL 30 T?ovember 1990 Ns. ::ristin Fritz director of Co~muni*,y Deve?opnen* Town of Veil Vail, 00 E1~K7 near vristin, I am regvestin~ that ycu and your staff plee.se immediately review the "Dssi:~n ~iev1 Pw ;u1c~e11nes" pertaining to "?'eon" si~'nare in the ?'own of Mail. Si~*htin?: +~T.i<!~tin~ ^vid~llnes" section 1~. 1~. QPO, page 23r, section 15.2c.01~, paa:e 2~~ - 24A and any other appropriate or applicable sections, a review is necessary. ^'hP follohTin~ exa~ples are specific to _r,:~r cOnc°"nS: tf:e ttT,~nOn" kindOW trsat^'Ant of ?:ri~?Ye Street !'harlieG, I object vehe:~ently. Oontinuir.~;, r.~,e Fiec~s - 3ridge Str~~t loca`ior., advertisin~ in "'?eon" various ~18ss°S, T,OS Am1~ToS - their ~r@p11 ";ep!'?" windc:~T sign. Vista ?ahn Ski rentals anc? Vail Ski :~3oot uepair also sport ob jaction- able "P:'eon." si~naTe that is very Street vivi'~le. ?'he ambiance of our Town. specific- ally upper ~rid.p~e Street, is '~ein~ destroyed by +"'eon?' siana~-e which is inapprcpriate in Vaiis invironment. After your review, I request that at the , r ~ t next Town Council work session or evening meeting, your findinRS be pre- sented ar!d this "Neon~~ issue be addressed. A response from you and. the Vail Town Council *°_embers is greatly appreciated. Action is necessary! Sincerel'v, Jack J. Curtin t DESIGN REVIEW GUIDELINES 16.16.050 Colors. Natural colors (earth tones), gray and white should be , favored and bright colors should be used only for accent. (Ord. 9(1473) § 2(S).} 16.16.060 Landscaping. Landscaping, where required, should be designed to harmon- ize with the building and surrounding natural landforms and native plants. (Ord. 9(1973) § 2(6).) 16.16.070 Reflective surfaces. Reflective surfaces are not allowed. (Ord. 9(1973) § 2(7).) 16.]6.080 Lighting. Lighting should be of no greater wattage than is necessary to C make the sign visible at night and should not unnecessarily reflect onto adjacent properties. Lighting sources shall not be directly visible to passing pedestrians or vehicles and should be concealed in such a manner that direct light does not shine through any element of a sign. (Ord. 14(1982) § 1 C: Ord. 9{ 1973) § 2(8).) 16.16.090 'Pemporary signs. Temporary signs, other than site development signs, are dis- couraged except for nonprofit community events and public information signs, which should be located on public informa- tion kiosks. (Ord. 9(1973) § 2(9).) 235 (Vail 1-3-89) EJ 4 PR(?HIBITED SIGN'S Chapter 16.26 _ PROHIBITED SIGNS ~ Sections: 16.26.414 Designated. 16.26.010 Designated. The following signs shall not be permittE:d, erected or main- y tained in the Town of Vail: A. Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means; B. Signs with optical illusion of movement bey means of a design • which presents a pattern capable of reversible perspective, giving the illusion.of motion or changinl; of copy; C. Signs with lights or illuminations which flash, move, rotate, l scintillate, blink, flicker, var}~ in intensity, vary in color, or use intermittent electrical pulsation; D. Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations; E. Signs which incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals; F. Any sign (together with its supporting structure) now or hereafter existing which, 90 days or more after the premises have been vacated, advertises an activity., business, product or ser?~ice no longer produced or conducted upon the prem- ises upon which such sign is located. If the sign or sign structure is covered or the identifying .symbols or letters removed, an extension of time may be granted by the sign code administrator upon good cause for such extension being shown. (This provision shall not apply to permanent signs accessory to businesses which are open only on a sea- sonal basis, provided there is clear intent ~to continue opera- tion of the business); • 256-24a (Vail 7-1 ~-89) i PROHIBITED S1GNS G. Signs not permanently affixed or attached to the ground or to any structure except for window signs and temporary barriers utilized for emergency purposes; H. Any sign or sign structure which: 1. Is structurally unsafe; or 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; or 3. Is not kept in good repair; or 4. Is capable of causing electrical shocks to persons likely to come in contact with it. I. Any sign or sign structure which: 1. Is in violation of the provisions of Title 16 of the Vail Municipal Code; or 2. In any other way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official sign; or 3. Uses any words, phrases, symbols or characters implying the existence ~ of danger or the need for stopping or maneuvering of a motor vehicle; or 4. Creates in any other way an unsafe distraction for motor vehicle operators; or 5. Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, other thoroughfare. J. Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way; K. Illegal nonconforming sign, as defined herein; L. Off-premise advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located. ` (Ord. 14(1982) § 1 h.) 256-2$ ~v,a ~-ZO~x:i TO: Design Review Board FROM: Community Development Department DATE: November 30, 1988 SUBJECT: Signage Issues 'I. BACKGROUND Over the past several years the issues of restaurant chalkboards and neon signs have been raised periodically for discussion. This past spring the Council directed the staff to research both issues and to develop possible alternatives for resolving the ongoing enforcement problems. Council felt that some provision should be made to allow restaurants to dlisplay a daily special board. On the issue of neon Signage, the Council felt neon should not be accepted as a material for exterior ~:ignage. Also, they were of the opinion that all neon must be located at least ten feet from any window surface. Council also scuggested all neon signs must go to DRB for approval prior to in~;tallation. The following guidelines were approved by Council and we now bring them to you prior to having legal language drafted to effect the necessary code changes. II. CHALKBOARD GUIDELINES 1. Allow the display of chalkboards for restaurants only, not retailers. 2. A maximum of three square feet onl~? would be allowed for these boards. 3. The type of boards to be used will be only the traditional black or green with a wooden bordez- - not white. 4. These boards must be affixed eithez~ to the existing menu box or to the facade of an establi:~hment with no menu box. No freestanding boards will be permitted. III. NEON SIGNAGE In an attempt to deal more effectively with the issue of neon Signage, staff would suggest a revision to Section 16.04.240 of the Sign Code which currently reads: "Sign" means a surface or space permitted in the title, whether continuous or not, which attracts the attention, . • . identifies a business or building, conveys a message to any person by means of letters, numbers, figures, or other symbols, devices or representations. Proposed Language: "Sign" means a surface or space as permitted in this title, whether continuous or not, LOCATED ON THE OUTSIDE OF THE ENCLOSING WALLS OF A STRUCTURE OR WITHIN 10 FEET OF ANY EXTERIOR WINDOWISIBLE FROM ANY PEDESTRIAN OR VEHICULAR WAY, whic attracts the attention, identifies a business or building, conveys a message. to any person by means of letters, numbers, figures, or other symbols, devices or representations. Staff would also propose a change to Section 16.04.330 which currently reads: . "Window sign" means a sign affixed on ^r ••-i-thi_M ~ Y+-y_~~.x,._ i~ e`..s the interior surface of a window fronting a public way, which sign shall not include the three square feet allowed for the display of the name of the business or organization (not to exceed 1.5 square feet), the display of hours of operation, credit card information, and similar general information items. Staff would suggest deleting that portion in the above definition which has been struck through to do away with the current three foot loophole whereby neon is currently being displayed. In addition, we would suggest the addition of an item (M) to Section 16.26.010 of the Sign Code which deals with prohibited signs. _ _ Proposed Language for Section 16.26.010(M): ANY NEON SIGN LOCATED WITHIN TEN FEET OF AN EXTERIOR WINDOW OR TRANSPARENT SURFACE OR OUTSIDE THE ENCLOSING WALLS OF A BUILDING. IV. STAFF RECOMMENDATION The staff feels these suggested guidelines, both for chalkboards and neon signs would allow both types of signage to be used in an attractive and acceptable manner without imposing undue hardship for any party involved. The staff, however, does disagree on the recommendation that all neon signage be required to qo to DRB for approval prior to installation. The language being proposed would create a situation whereby all neon signs would become interior signs. The Town has never regulated interior signs and we do not feel it is the intent of the Code to regulate what individuals can display in their interior space. . , The staff would also recommend an amorit.ization period for the removal of all existing neon signs which. have not been formally approved by the DRB or by staff. Staff feels that a period of three years would be sufficiient to provide for the removal of all nonconfonaing signs without causing undue hardship for the merchants. r TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 10, 1990 SUBJECT: Air Quality/Fireplace Amendments and discussion of additional fireplace issues. Applicant: Town of Vail I. BACKGROUND ON PROPOSED AMENDMENTS: Provided for your review is the draft of the air quality ordinance which incorporates the findings of staff research and your discussion on the topic. The purpose of the ordinance is to provide more environmentally sensitive regulations to address the ongoing issue of wood smoke pollution in Vail. Based on the work which occurred over the past summer, the draft ordinance now incorporates the following items: (1) Only one certified woodstove or fireplace is permitted per dwelling unit. (2) In new construction up to three fireplaces can be constructed to be equipped with gas logs, but if more than one gas log fireplace is constructed woodburning is no longer allowed in the unit. (3) Gas appliance fireplaces can be installed in any dwelling unit, not to exceed three in number. (4) The only exception to these points is made in restricted units which are those secondary units in primary/secondary, duplex or single family zone districts where the restricted unit cannot be subdivided or sold separately. In those restricted units, woodburning is no longer allowed. One fireplace can be constructed for gas logs and up to two gas appliance fireplaces can be installed. (5) When any number of separate units are combined to form a larger unit and each previously contained a solid fuel burning unit - fireplace or woodstove - all solid fuel burners must be removed except one or they must all be converted to gas, with a maximum of three gas logs and f three gas appliances permitted. These are the basic points incorporated in the proposed ordinance. The staff feels this covers the scope of discussion which occurred this summer and fall. e ~ II. STAFF RECOMMENDATION: Staff recommends approval of these amendments to the ordinance. III. FURTHER DISCUSSION ON FUTURE CHANGES TO FIREPLACE ORDINANCE: There are three additional area which the staff feels may require some additional consideration. They are .not included in the present draft ordinance, but rather would be addressed in an amendment after the first of the year. (1) Section 8.28.030(A)(2) & (3): 'T'hese sections now contain the provision whereby woodburning fireplaces are allowed in hotel lobbies and restaurants. The topic which the staff feels should be addressed is whether this provi- sion should be allowed to remain or whether a requirement for gas logs is better suited to present day? (2) The second item relates to the number of allowable woodburning units in multi-family construction. This item was discussed with the rest of the changes included in the ordinance, but a consensus was not reached. (3) The issue of waiving permit fees for those people who choose to convert their woodburning units to gas was not addressed in the ordinance. At this point the staff is seeking legal opinion as to whether this can be addressed as a matter of policy or whether it needs to be in the ordinance. The issue will be resolved prior to first reading of the ordinance and will be addressed in keeping with legal recommendations. (4) The discussion which the Planning Commission had on the allowed density of woodburning fireplaces for multi-family units which would apply to structures which contain more than two separate dwelling units is as follows. Allow the construction of one woodburning unit in the lobby of the building if the lobby is over 1,000 square feet in size and if fireplaces are not allowed in the units. If the units are 2,500 sq. ft. or larger they would be allowed one fireplace, one wood stove or up to three gas log fireplaces and the lobby fireplace would not be permitted. If however the units are less than 2,500 sq. ft. they would not be allowed to have any woodburning units other than the one in the lobby. At this time the staff would recommend reconsideration of this topic. Staff recommendation would be to keep the above suggested format, but to decrease the sq. ft. of the unit to 1,500 to 1,800 sq. ft. of GRFA. This is suggested to prevent discrimination against the person who chooses to live in a larger multi-family structure as opposed to a single family home. The staff recommendation is in keeping what is currently in the Breckenrdige ordinance which sets the limits at 1,500 sq. ft. The staff would like to reach a balance which the Planning Commission would support and then propose an amendment to the ordinance after the first of the year. f ORDINANCE NO. 42 Series of 1990 AN ORDINANCE REPEALING AND REENACTING CHAPTER 8.28 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO EXPAND, STRENGTHEN, AND CLARIFY CODE PROVISIONS RELATING TO AIR POLLUTION CONTROL. WHEREAS, the setting of the Town of Vail in a valley between two mountains restricts air movement through the valley; WHEREAS, the movement of air through the Gore Valley is further restricted in cold times of the year thereby causing the increased buildup of pollutants in the air caused by solid fuel burning devices; WHEREAS, the Town Council finds that the pollution caused by solid fuel burning devices is exacerbated by the altitude, topography, climate and meteorology of the Town of Vail; WHEREAS, the Town Council finds that these sources of air pollution may be minimized by existing, practical and economical technologies; WHEREAS, the Town Council has determined that is necessary to encourage environmentally beneficial technologies to prevent further degradation of the air quality of the Vail Valley; WHEREAS, the Town Council considers visually clean air to be an irreplaceable asset enjoyed by guests and residents of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. The Vail Municipal Code Chapter 8.28 "Air Pollution Control" be repealed and reenacted to read as follows: 8.28.010 Purpose and Applicability These regulations are enacted for the purpose of promoting the health, safety and general welfare of the residents and visitors in the Town of Vail. These regulations are intended to achieve the following more specific purposes: 1 1) To protect the air quality in the Town of Vail; 2) To reverse the continuing trend toward increased air degradation in the Town of Vail; 3) To provide heat sources that are efficient and have a reduced polluting effect; 4) And to generally protect the air for the purpose of the public's overall health, safety and welfare. The provisions of this Chapter shall apply to all areas of the Town of Vail. 8.28.020 Definitions 1) Solid Fuel Burning Device: shall mean any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non-liquid or non-gaseous fuel. 2) Certified Solid Fuel Burning Device: shall mean a solid fuel burning device which is certified by the Air Pollution Control Division of the Colorado Department of Health to meet the Emissions Standards set forth in Section IV of Regulation No. 4 of Volume I of Colorado Air Quality Control Commission. 3) Fireplace: shall mean an open hearth or fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. 4) Gas Appliance: shall mean a fully self-contained, U.L. listed and A.G.A. "fireplace" unit which does not require venting through a chimney and which does not permit the use of solid fuel. 5) Gas Loa: shall mean an A.G.A. and U.L. listed artificial log unit which is approved for the burning of natural gas and must be placed within a fireplace ass previously defined. 6) Dwelling unit: means any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. 7) Accommodation unit: means any room or group of rooms 2 without kitchen facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks, or balconies without passing through another accommodation unit or dwelling unit. 8) Refuse: means all solid wastes, garbage and rubbish, whether combustible or noncombustible, including rubble. 9) Restricted Unit: means any unit in a primary/secondary duplex or single family zone district which cannot be subdivided or sold separately. 8.28.030 Solid Fuel Burning Devices No solid fuel burning device shall be permitted within the Town of Vail unless it complies with the following provisions: 1) With the exception of restricted units, each dwelling unit may have one solid fuel burning device or one certified fuel burning device per unit. No solid fuel burning device shall be permitted in restricted units. 2) Hotels, motels, inns or lodges shall have no more than one solid fuel burning device for each lobby contained therein. Solid fuel burning devices shall not be permitted in accommodation units or dwelling units within hotels, motels, inns or lodges. 3) Restaurants or bars shall have no more than one solid fuel burning device for each restaurant or each bar or each restaurant containing a bar. 4) All solid fuel burning devices shall be constructed, installed, maintained, and operated in such a manner that their operation will result in an increase in heating energy so that the heat supplied to the living area will be greater than that lost through air exchange during combustion. 8.28.040 Gas Fireplaces In addition to the solid fuel burning devices permitted by section 8.28.030 of this ordinance, gas fire places may be permitted within the Town of Vail which comply with the following restrictions: 3 1) Each dwelling unit with the exception of restricted units shall be entitled to three (3) or fewer gas fireplaces in accordance with the following conditions: a) If the dwelling unit contains no more than one (1) fireplace, the fireplace may be either for the installation and burning of gas logs or for the burning of wood. b) If the dwelling unit contains two or more fireplaces, then each fireplace shall be limited exclusively to the installation of gas logs. 2) Restricted units may contain :no more than one gas log fireplace and shall not be permitted any wood burning fireplaces. 3) Each accommodation unit may contain one gas log fireplace. a) All gas fireplaces in accommodation units within the Town of Vail shall be subject to periodic .inspection by the Town of Vail Environmental Health Officer. Prior to making any such inspection, the Environmental Health Officer shall give reasonable notice of such inspection to th~a owner of the property being inspected. The owner of commercial property containing any gas fireplace shall pay to the Town of Vail the amount of thirty dollars ($30.00) per year on the first day of the year following the year in which the gas fireplace was installed for each such fireplace, and the first day of each year ishereafter during the time the gas fireplace remains within the property. The owner of the property shall allow the Town of Vail Environmental Health Officer sufficient access to the property for the purposes of doing such an inspection. b) All gas fireplaces in accommodation units within the Town of Vail shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. A sign shall be placed on the gas fireplace reading: "Caution - Gas Fireplace Only". 4 8.28.050 Gas Apuliances In addition to solid fuel burning devices permitted by Section 8.28.030 and fireplaces permitted by Section 8.28.040 of this ordinance, gas appliances may be permitted which comply with the following restrictions: 1) Each dwelling unit may contain no more than three (3) gas appliances. 2) Restricted units may contain no more than two (2) gas appliances. 3) Accommodation units may contain no more than one gas appliance per unit. 8.28.060 Modification, Alteration or Remodel If one or more separate dwelling units are combined to form one larger dwelling unit, regardless of the number of dwelling units previously contained in each separate dwelling unit, the newly formed unit shall comply in all respects with the terms, conditions, provisions, and restrictions of this ordinance. 8.28.070 Coal Usaae Prohibited The burning of coal within the Town of Vail is prohibited. 8.28.080 Refuse Burnina Prohibited The burning of refuse in any solid fuel burning device within the Town of Vail is prohibited. 8.28.090 Permit Reauirements A building permit shall be required for the installation of any solid fuel burning device, certified solid fuel burning device, fireplace, gas appliance or gas log. To encourage the conversion of wood burning and solid fuel devices to gas logs and gas appliances, all applicable building permit fees for such conversion shall be waived by the Town of Vail. 8.28.100 Penalties _ It is unlawful for any person to violate any provision of this Chapter or to fail to comply with any of the requirements of this Chapter. Any person performing any act prohibited or 5 declared to be unlawful by this Chapter oz- failing to perform an act required by or otherwise made mandatory by this Chapter shall be punished by a fine of not more than four hundred ninety-nine dollars ($499). Any such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this Chapter is committed, continued, or permitted by such person andl shall be punished accordingly. In addition to penalties provided in this Section, any condition caused or permitted to exist. in violation of any provision of this Chapter shall be deemed a public nuisance, and may be by this Town similarly abated as such, and each day that such condition continues shall be regarded. as a new and separate offense. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town .of Vail and inhabitants thereof. Section 4. 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 6 repealed or superseded unless expressly stated herein. 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 r 7 , ~:~s:. . ~ Rep~rsentirg dynamic talenx produci~ spectacular events September 27, 1990 Ms. Pamela Brandmeyer Town Clerk Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Town of Vail Summer Street Entertainment Dear Pam: Thank you most sincerely for the lovely lunch and the opportunity to meet with this year's entertainment selection committee. I truly appreciated the feedback from the committee and believe it was a productive get-together. My overall sense of their reaction to the selection of entertainers is that variety is still a good idea, because the chances of having everyone like some of the groups is better! Skyline would like to propose to the Town that we enter into a three year contract to continue producing your series. As I mentioned during our meeting I believe this would be a mutually beneficial move for the following reasons: 1. A relationship has been established between the Town and Skyline. We have a better understanding of your community and what type of artists please tourists, residents and business people. This has developed from repeated contacts, brainstorms, meetings, etc. with many of the key figures in Vail. We believe we can continue to improve our programming for the Town each year as we have more opportunity to interact in this fashion. 2. Our cost in producing the street entertainment has gone up considerably. Specifically, Skyline's costs for insuring your series have doubled! Because of the increase, we are forced to raise our rates. This is apparently a trend in the events industry nationwide, and not a situation unique to Skyline. As mentioned during our meeting, the cost of insuring the 1989 series cost Skyline a little over ' $1,000 for both Workmen's Compensation for all participating artists, and for $1,000,000 in general liability coverage. The 1990 series cost Skyline approximately S40 per event for both types of insurance, or $2,240 for the entire series. (The bulk of the increase was on our general liability policy.) For this reason, we would be forced to raise our production fee to produce the series next year. Even so, given the cost of insurance for the events industry as a whole, we know we are still competitive. 1580 Lincoln Street Stu[e 460 Denver, Colorado 80203 303/899-0044 Page two Our Proaosal to the Town... In exchange fora three year contract, Skyline would be willing to lock in our fee at $7,500 per year, including all insurance coverage, even if our rates arcs increased, which is likely. We are willing to do this because we would save considerable time in producing the series, and we would thus pass the savings on to the Town. This proposal is made on the assumption that the Town will continue to want entertainment on 52 to 56 days in a format similar to the past two seasons. Skyline would interact with the Town as we have in the past. Specifically, we would suggest performers for the committee's review and approval, including alternates, then book approved artists according to your parameters. The Town would also recommend locations and performance times, and Skyline would coordinate the series in compliance. Budget Recommendations... Due to the necessity of paying ASCAP fees, and more than likely next year, BMI fees also, it is recommended that you consider increasing your budget to accommodate these rights fees. We also suggest adding $1,500 to go toward artists' fees to accommodate the increase in production costs and fees. This would allow the Town to maintain the balance of small acts with larger groups in the series design. If you do not choose to increase the budget in this fashion Skyline would be willing to work with you to keep artists fees down. This would necessitate booking more solo and duo acts. Skyline holds licenses with both ASCAP and BMI. We would be' pleased to take care of the rights fees filing on your behalf as we did this year, at your option. This would save Town personnel considerable time, and frankly, headaches, in dealing with t:he red tape. {We're used to it after 11 years in the business!) We hope that you will give serious consideration to our proposal. It has been a pleasure working with you, Georgi, and the other fun folks in Vail, and I sincerely appreciate your business. Following is a proposed budget that relates to the above suggestions. Proaosed Budget, `Vail Presents...All Summer Long!' series 'for 1991, 1992 and 1993: $28,000 Artists' Fees* (This includes all necessary housing which typically costs ffi4,004. For the ' past two seasons Skyline has contracted artists' housing through Vail Resort Rentals and Realty.) 7,500 Agency Fee. (This includes all insurance costs, the producer's time, and all expenses.) $35,500 Subtotal Page three $ 915 ASCAP Fees & handling 675 BMI Fees 8 handling $37,065 Proposed total cost *This could be reduced to 526,500 to accommodate the increase in production costs. Best regards, SKYLINE TALENT AND PRODUCTION, INC. ye N. riffith President SNG~hs r VAIL VILLAGE TRANSPORTATION CENTER EXPANSION AND RESTORATION BUDGET SUMMARY PCL Contract $ 8,547,575 $ 8,547,575* Architect Contract $ 389,000 $ 389,000 Owner's Rep. Contract $ 92,000 $ 99,556 Construction Testing & Fees $ 70,000 $ 90,000 Insurance $ 8,800 $ 8,762 Parking Equipment $ 317,000 $ 291,711 Town of Vail Labor & Materials $ 53,000 $ 90,000 (Moving Info. Booth, Relocate Trees, etc.) Contingency $ 300,467 $ 268,738** Water and Sewer Tap Fees $ 0 $ 37 700 Water and Sewer Tap Fees Waived 11/29 $ (37,000) Miscellaneous $ 10,000 $ 2,500 TOTAL $ 9,787,842 $ 9,787,842 NOTES: * Includes $430,733 retainage which will not be expended until punch list items are completed. Includes approved change orders, change orders approval pending, and change orders on hold at of 12/3/90. (SEE ATTACHED CHANGE ORDER SUMMARY FOR DETAIL). CHANGE ORDERS SHOULD EQUAL 3 PERCENT OF CONSTRUCTION CONTRACT f CHANGE ORDER REQUEST SUMMARY Update 3 December 1990 Vail Transportation Center Project Number 22289 Approved Approval Consult. Change Change Pending CRX Proposed Initiation Estimated Order Order Additional Number Chg. No. Date Description Cost Number Amount Backup Dead Reject Hold CRX-001 RFI-031 1990!06/01 Conflict Footings and Existing Pipes 430 1 430 CRX-002 CCA-003 1990/06/01 Natural Soils Stair #11 44,275 2 44,275 CRX-003 1990/06/01 Temporary Electrical Consumption 14,000 .DISP 14000 CRX-004 1990/06/01 Add Lights to Frontage Road 935 1 935 CRX-005 RFI-028 1990/06/01 Added Beam & Modifications 624 4 624 CRX-006 RFI-068 1990/07/09 Modify Precast for 7'-6" Clearance 67,409 DISP 58,743 8,666 CRX-007 RFI-064 1990/07/15 Repair Heat Trace System DEAD CRX-008 RFI-062 1990/07/15 Added Backflow Preventor 13,209 2 13,209 CRX-009 RFI-058 1990/07/15 Added Door DEAD CRX-010 RFI-026 1990/07/15 Move Column in Existing Electrical Room 625 DISP 123 502 CRX-011 1990/07/20 Modify Column in Visitor Center 1,944 DISP 1,844 CRX-012 PR-002 1990/07/20 Inspect Existing Fire Sprinkler System 1,768 DEAD 1,768 CRX-013 1990/07/23 Added Precast Column at 6.1/10.75 2,452 DISP 2,452 CRX-014 1990/07/23 HardwargAllowance (2,619) 2 (2,619) CRX-015 RFI-022 1990/07/24 Change AD-2 to RD-1 Drains 2,891 1 2,891 CRX-016 RFI-057 1990/07/24 Drains Stair #11 2,191 DISP 2,181 CRX-017 RFI-072 1990/07/24 8" SS Line Rerouted 3,791 5 3,791 4,702 CRX-018 1990/07/24 Conduit Supports and Remove Existing C.M. System 22,105 DEAD 22,105 CRX-019 1990/07/24 21/2" CW Service 18,758 12,923 5,835 CRX-020 1990/07/25 Unsuitable Soils on "B" Line 3,756 3 3,756 CRX-021 1990/07/26 Ralse Elevator Doors 1,991 DISP 1,891 CRX-022 1990/08108 Repair Drains ? CRX-023 1990/08/08 Alluminum Jackets on Pipe Insulation 11,363 HOLD 11,363 CRX-024 RFI-102 1990/08/08 Burried Duct 2,994 PRIC HOLD 2,gg4 CRX-025 RFI-106 1990/08/08 Exhaust Fan EF-34 6,829 PRIC HOLD 6,829 CRX-026 RFI-099 1990/08/08 Waste Tie-in 3,028 DEAD 3,028 CRX-027 RFI-122 1990/08/08 Access to Sand & Oil Interceptor 3,437 2 3,437 CRX-028 RFI-079 1990/08/08 Boiler Room Pipe Insulation 2,401 DISP 2,401 CRX-029 CCA-001 1990/08/08 Visitor Center Changes 43,743 43,743 CRX-030 1990/08/08 SHD Concrete Mix 896 4 896 CRX-031 1990/08/08 Unsuitable Soils Stair #10 and Stair #4 7,202 3 7,202 CRX-032 ~ 1990/08/10 Repair Existing 6" Plug Valves 281 2 281 CRX-033 1990/08/10 Refeed Electrical to Panel LP-2 967 DEAD 967 CRX-034 1990/08/10 Refeed Electrical to Elevator #2 4,249 2 4,249 CRX-035 1990/08/10 Add Sidewalk to West Ramp 3,004 DEAD 3,004 CRX-036 1990/08/15 Clean-out Sewer Line and Stair #12 2,456 4 2,456 CRX-037 CCA-002 1990/08/15 6Aodify Level 4 7,625 DISP 7,g~5 ~ CRX-038 CCA-004 1990/08/15 Added Rebar Level 4 90 4 90 ' Subtotal, Page 1 I 301,100 86,026 115,409 48,070 32,474 ~ 23,823 . - . CHANGE ORDER REQUEST SUMMARY Vail Transportation Center Page 2 Project Number oo~R9 } Approved Approval Consult. Change Change Pending CRX Proposed Initiation Estimated Order Order Additional Number Chg. No. Date Description Cost Number Amount Backup Dead Reject Hold CRX-039 CCA-005 1990/08/15 Added Drains 6,244 6,244 CRX-040 CCA-006 1990/08/22 112" Depression at Type "H" Expansion Joint 24,741 EST 2,000 22,741 CRX-041 1990/08/22 Rework North Side of Frontage Road 905 3 905 CRX-042 RFl-116 1990!08/22 Drains at B.2-3.5 and 8.2-5.5 2.671 3 2.311 360 CRX-043 RFI-130 1990/08/22 Drains C-11.5 and C13.5 2,731 DISP 2.731 CRX-044 ASI-009 1990/08/22 Column Connections at Entry 1,536 3 1,536 CRX-045 RFI-097 1990/08/22 Openings for SF-3 2,122 HOLD 2.122 CRX-046 1990!08/22 Fire Alarm Changes 24,915 4 24,915 CRX-047 1990/09106 Rework Existing Beam B-22 1,500 DISP 1.5~ CRX-048 1990!09/06 Split Zones for Fire Sprinkler System 8,248 4 8,248 CRX-049 1990/09/06 Grind Level 4 Deck 24,044 DISP 18,744 5,300 , CRX-050 1990/09/06 Shot Blast Stripes 10,718 DEAD 10,718 CRX-051 1990/09/06 Modify Utilities at Stair #12 DEAD CRX-052 1990/09/06 Modify Stair #10 for Structural Slab DEAD CRX-053 1990/09/10 Modify Existing Fire Sprinkler Leve14 Beam 5,917 4 5,917 CRX-054 ASI-025 1990/09/10 Expansion Joint L4 CIP Beam 437 4 437 CRX-055 PR-002 1990/09/12 Access Door Level 1 770 4 770 CRX-056 PR-003 1990/09/12 Slab and Door Stair #10 ? CRX-057 PR-005 1990/09/19 Revise Walls at Room 113 0 5 0 CRX-058 ASI-026 1990/09/19 Ciose Openings at Air Shag 1,428 1,428 CRX-059 CCA-009 1990/09/19 Added Drain at 19-C 2,424 4 2,424 CRX-060 PR-006 1990/09/19 Delete Wall in Room 318 (573) 4 (573) CRX-061 PR-04A 1990/09/19 Relocate Door #106C (323) 4 (323) CRX-062 CCA-007 1990/09/19 Revise Exit Lanes (241) 4 (241) CRX-063 1990/09/19 Flbermesh Added to Curbs & Sidewalks on Deck 1,819 4 1,819 CRX-064 1990/09!19 Signage Allowance (2,510) 5 (2,510) CRX-065 ASI-002 1990/09/19 Modifications to Level 3 Tunnel 2,047 DISP 300 - 1.747 CRX-066 1990/09/24 Unsuitable Soil Stair #12 Natkin 3,870 ~ 3,870 CRX-067 1990/09/24 Checkerboard Floor Pattern 252 252 • CRX-068 1990/09/24 Delete Removal of Stripes & New Stripe Wall Exst (3,095) 4 (3,095) CRX-069 1990/09/24 Added Wall in Room 107 838 838 CRX-070 1990/10/01 Remove Asphalt L4 Around Terminal Bidg. 4,088 5 4,088 CRX-071 PR-007 1990/10/02 Delete Use of Japanese Lamps {3,294) 4 (3,294) CRX-072 PR-011 1990/10/02 Replace Wall Room 107 with Masonry 4,193 DISP 4,193 . CRX-073 CCA-008 1990/10/02 Modify Lunchroom on L2 0 5 0 CRX-074 PR-010 1990/10/02 Modify Supply Fan No. 2 Structure (947) DISP (1,659) 712 CRX-075 PR-009 1990/10/02 Delete Heat Trace for Boiler Piping DEAD CRX-076 1990/10/02 Cut Brick Pavers to Match F~cisting ? CRX-077 PR-013 Leave in Tee at NW Air Shaft (479) 4 (479) CRX-078 PR-014 Slab Over Buried Duct 889 4 889 Subtotal, Page 2 127,885 70,667 972 33,459 20,665 2,122 G`HANGE ORDER REQUEST SUMMARY Yail Transportation Center . Page 3 Project Number 22289 Approved Approval Consult. Change Change Pending CRX Proposed Initiation Estimated Order Order Additional Number Chg. No. Date Description Cost Number Amount Backup Dead Reject Hotd CRX-079 CCA-011 1990/10/10 Add Sprinkler Head 8. Detector Stair No. 12 ? CRX-080 PR-015 1990/10/10 Handrail Modification 3,910 DISP 1,785 2.125 CRX-081 RFl-134 1990/10/11 Beam Repair 14.5/14.7 Level 3 941 4 941 CRX-082 1990/10/12 Remove Panels 89/36-37 817 5 817 CRX-083 PR-016 1990!10/18 Heat Trace Issues 720 DISP (443) 1.163 CRX-084 1990/10/18 Ughts in Mechanical Rooms 1,316 5 1,316 CRX-085 1990/10/25 Repair Existing'P' Fixtures 1.374 4 1,374 CRX-086 CCA-013 Entry Island Revisions 504 5 504 CRX-087 Reduction in D8 Fixtures (5,803) 5 (5,803) CRX-088 PR-019 Delete E.W.C. (182) 5 (182) , CRX-089 ? CRX-090 PR-021 Existing Transit Center Revisions DEAD CRX-091 Credit for Rejected Slab (3,000) 5 (3,000) CRX-092 ~ CRX-093 Delete Sealer at Level 4 Slab (36,472) 5 (36,472) CRX-094 Entry Lane Control Lights 2,330 5 2,330 CRX-095 ? CRX-096 Jifty Seal Addition 4,260 5 4,260 CRX-097 CCA-015 3-Hour Wall at Mechanical Room 0 5 0 CRX-098 PR-021 Reduced Size of Retaining Wall (503) DISP (963) 460 CRX-099 CCA-014 Steel Curb Tie Backs 564 5 564 • CRX-100 ~ CRX-101 ~ CRX-i02 EF-22 Louver 438 DISP 438 CRX-103 F.D.C. at Stair 4 2,689 HOLD 2,689 Subtotal, Page 3 (26,095) (34,344) 1,374 0 4,186 2,689 TOTALS , 402,890' 122,349 117,755 81,529 57,325 28,634 /l _ , I 1 f I , `~_l I r . ' ~ AGENDA ' O~C'p t~E~~, 1 ,1990 REGULAR MEETING VAIL METROPOLITAN RECREATION DISTRICT BOARD OF DIRECTORS ~ 3 : 0 0 PM WEDNESDAY, DECEMBER 12, 1990 VAIL TOWN COUNCIL CHAMBERS 1. Call to order 3:00 PM 2. Approval of Minutes: November 18, 1990 3. Public Input 4. Resolution to Amend 1990 Budget (see attached) 5. Adoption of 1991 Budget (see attached) A. Resolution to adopt a budget B. Resolution to appropriate sum of money C. Certification of Budget D. Resolution to set mill levies E. Certification of tax levies (all above documents are attached) 6. Marketing Update - Laurie Asmussen A. Name change - d/b/a/ Vail Recreation District 7. Administrative Notes - Robinson A. Personnel Changes B. Job Descriptions/Standards C. Health Benefits D. TOV Parking Donation E. Before & After School program 8. Boardmanship Film 9. EXECUTIVE SESSION: Board Member Role Review - Wilson/Robinson 10. Adjournment: ATTACHMENTS: Minutes 11/28/90 Resolution to Amend 1990 Budget 1991 VMRD Budget • Resolution to Adopt a Budget Resolution to Appropriate Sums of Money Certification of Budget Resolution to set mill levies Certification of Tax levies Memo-Durango & Steamboat Youth Departments - FYI ..j ~ MINUTES REGIILAR MEETING VAIL METROPOLITAN RECREATION DISTRICT NOVEMBER 28, 1990 MEMBERS PRESENT: Colleen McCarthy, Ken Wilson, Hermann Staufer, Gail Molloy MEMBERS ABSENT: Lew Meskimen OTHERS PRESENT: Rob Robinson, Brian Jones CALL TO ORDER: 'The meeting was called to order at 2:00 PM. BOB BARRETT: The Board held an executive session to speak with Bob Barrett regarding the 1991 Jerry Ford Invitational contract. GOLD EAGLE MEDAL- LION: Peter O'Neil from the Vail Valley Foundation joined. the meeting. Wilson indicated that VMRD wants to back the Foundation. He explained to O'Neil that VMRD receives their dollars from taxes .and the golf course and must question giving tax payer dollars to the foundation. VMRD must determine what their return on this investment will be. Feter is pleased with VMRD's donation, even though the cut back of allowable rounds affects his budget. He asked that the cost of the additional round above 350 be paid for at a cheaper rate than $55. The VMRD Board agreed to give the 350 round to the Foundation and any rounds above this will be charged to the Foundation at the Resident green fee rate. Robinson will draft a letter recapping this. Rob thanked Peter for his leadership in fostering abetter working relationship between the two agencies. BOARDMANSHIP ' FILM: This item is tabled until the next meeting. FINANCIAL REPORT: Jones will give the. Board a summary as to why Dobson will lose $150,000. The Board wants Rob to get a letter of commitment from the TOV for the land use for the par 3 golf course. BUDGET: Mill Levv Rob will prepare an analysis of how much revenue is produced by increasing the 1991 mill levy. At the next meeting the Board will approve the Budget, certify the Mill levy and approve a supplemental appropriation for 1990. DONATION APPROVAL: The Board approved the action outlined by Robinson on his memo included in the packet, except they do not want to give $550 cash for a season pass to the No Name Golf Tournament. The Berard does not want any further groups to be put on their agenda to ask for donations. Staufer made a motion to approve Robinson's memo minus the $550 cash donation to the No Name Golf Tournament, second by Molloy, passed unanimously. McCarthy wanted to qo on record as saying that the $5,000 appropriated to the Vail Athletic Ambassador program in the 1991 budget could be better spent. ADJOURNMENT: Meeting adjourned at 6:45 PM Gail Molloy, Secretary MEMORANDUM TO: Rob Robinson; ~7NIRD Director FROM: Rick Chastain; Youth Services SUBJECT: Analysis of Durango and Steamboat Youth Departments, Future direction for VMRD Youth Services DATE: December 3, 1991 After travelling to Durango and Steamboat in order to gain impressions of their Youth Recreation structure and programming, I thought it profitable to submit to you my thoughts on the above and what direction we should take: I. Durango Parks/Rec. A. General Impressions • 1. Relatively understaffed. 2. Heavily reliant upon program income (except youth programs subsidized 50~) 3. Able to accomplish physical projects more easily due to close proximity to municipal Public Works Departments. B. Specific Impressions; Youth Recreation 1. Staffing: one supervisor whose role is to administrate, market, serve a public relations roles. 2. Implementation: accomplished by individual program coordinators. 3. Creative Impetus: is originated exclusively by outside or seasonal individuals. Approach Rec. Dept. with proposals which are adopted or rejected. 4. Programming: Program highlights are youth are youth soccer, baseball, basketball, and outdoor hiking and camping. II. Steamboat Parks and Recreation A. General Impressions 1. Very aggressive with physical projects, enjoying same abilities as Durango in availability of Public Works. 2. Relatively understaffed. 3. Less impoverished than Durango. B. Specific Impressions; Youth Recreation 1. Staffing: one supervisor over youth, sports, special events. Conclusion is obvious. 2. Once again, heavy reliance upon coordinators for implementation and quality control. CERTIFICATION OF TAB!; LEVIES T0: BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY, COLORADO This is to certify that the tax levy to be assessed by you upon all property within the limits o2' the Vail Metropolitan Recreation District for the budget year 1991, based on a total assessed valuation of 5288.860.800 as determined and fixed by the Board of Directors of the Vail Metropolitan Recreation District on December 12, 1990, is: Debt Service .83 mills (to raise ,5239.754 Capital Projects .70 mills (to raise 5202.203) TOTAL 1.53 mills (to raise ,5441.957) You are hereby authorized and directed to extend said levy upon your tax list. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Vail Metropolitan Recreation District, Eagle County, Colorado, this 12th day of December, 1990. Kennetk~ D. Wilson, Chairman • (S E A L) 3. Creative impetus is stronger than Durango but still reliant upon outside proposal. 4. Programming: highlights include Day Camps, sports leagues, kid's night out. IZI. Overall Comparison A. Staffing • 1. We are by no means understaffed, our ability to supervise and coordinate programs should definitely not be limited in 1991. B. Creative 1. I believe we are more able to produce creative programming ideas at this time. We are not so inundated with administrative tasks that our ability to visualize new ideas is hampered. 2. Our program offerings for 1991 will in many cases represent a more creative effort. C. Programming 1. Ages 5-12 - Both departments are more successful in offering programming for this age group. 2. Ages 13-19 - Both departments are much less successful in teen programming. We are head and shoulders above them in this area. 3. Outdoor programs - Both departments offer youth outdoor programs on a non-intensive level. We will do the same starting 1991. IV. Future Direction of VMRD Youth Services A. Specific programming for 1991 and beyond to be proposed in meetings already arranged. B. General Directions 1. Quality: at this time because of our level of staff, I believe that we are able to implement a • higher quality youth program. 2. Staffing A. The only staffing deficiency I can foresee in the near future is the need for a Youth Sports Coordinator. B. After 1991, I would suggest a heavier reliance upon seasonal coordinators for program supervision and implementation. 3. Programming A. Sports 1. An assessment of what youth sports are currently offered by other agencies is needed. 2. We should definitely work into a very strong position in Youth Sports programming in the next 2-5 years. B. Outdoor Recreation 1. 1991 will see the implementation of non- intensive day hakes and programs. 2. 1992 should include at least a 6 week program of overnight and 2 day camp-outs. 3. 1993 should include week-long intensive wilderness programs. C. General Programming 1. I believe that the directions set for 1991 will hold for the next few years in this ' area. RESOLUTION TO AMEND 1990 BUDGET "WHEREAS, the Board of Directors of the Vail Metropolitan Recreation District appropriated funds for the fiscal year 1990 as follows: General Fund $ 2,562,199 Debt Service Fund $ 238,374 FP Tennis Capital Project -0- Conservation Trust Fund $ 5,200 WHEREAS, the necessity has arisen for additional expenditures associated with the new Ford Park Tennis Facility requiring the . expenditure of funds in excess of those appropriated for the fiscal year 1990; and WHEREAS, the unanticipated additional expenditures were originally budgeted for fiscal 1989, but due to construction delays were incurred during fiscal 1990; WHEREAS, funds are available for such expenditures from surplus funds available to the District and from proceeds received from a municipal lease and option agreement on the Ford Park Tennis Project . NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Vail Metropolitan Recreation District shall and hereby does amend the Budget for the fiscal year 1990 as follows: General Funds $2,562,199 Debt Service Fund $ 238,374 FP Tennis Capital Project $ 315,000 Conservation Trust Fund $ 5,200 ' BE IT FURTHER RESOLVED, that such sums are hereby appropriated from the revenues of the District to the proper funds for the purpose stated." DATED this 12th day of December, 1990. VAIL METROPOLITAN RECREATION DISTRICT By Kenneth D. Wilson, Chairman RESOLUTION TO ADOPT A BUDGET WHEREAS, Vail Metropolitan Recreation District staff members have served in the capacity of Budget;Cammittee in developing a proposed 1991 Budget; and WHEREAS, such budget committee has submitted a proposed budget to this Board on or before October 15, 1990 for its consideration; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and a public hearing was held on November 14, 1990, and interested electors were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vail Metropolitan Recreation District: 1. That estimated expenditures for each fund are as follows: General Fund $ 2,487,017 Capital Projects Fund $ 397,111 Debt Service Fund $ 236,609 Conservation Trust Fund $ 5,500 Total Expenditures S 3.126.237 2. That estimated revenues for each fund are as follows: General Fund: From sources other than general property .tax and Town of Vail subsidy $ 1,943,774 (user fees, misc.) Town of Vail subsidy $ 543 243 S 2.487.017 Capital Projects Fund: From the general property tax levy $200,928 User fees, Miscellaneous $156,886 Capital Reserve (Fund Balance) $ 39,297 5397.111 Debt Service Fund: From the general property tax levy S 236.609 Conservation Trust Fund: Lottery Revenue S 5.500 3. That the budget, as submitted, amended and herein summarized by fund, be, and the same hereby is, approved and adopted as the budget of the Vail Metropolitan Recreation District for the 1991 fiscal year. 4. That the budget, as hereby approved and adopted, shall be certified by the Treasurer and/or Chairman of the District, and is made a part of the public records of the District. Adopted this 12th day of December, 1990. Gail Molloy, Secretary RESOLUTION TO APPROPRIATE SUMS OF MONEY WHEREAS, the Board of Directors of Vail Metropolitan Recreation District has adopted the anrnual budget in accordance with the Local Government Budget law on December 12, 1990; and WHEREAS, the Board of Directors o:f the District has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as :yet forth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, as more fully set forth in the budget, including any interfund transfers listed therein, so as not to impair the operations of the District; NOW, THEREFORE, BE IT RESOLVED by t:he Board of Directors of the Vail Metropolitan Recreation District: that the following sums are hereby appropriated from the revenuers of each fund, to each fund, for the purposes stated: General Fund $ 2,487,017 Capital Projects Fund $ 397,111 Debt Service Fund $ 236,609 Conservation Trust Fund $ 5,500 Adopted this 12th day of December, 1990. Gail Molloy, Secretary ~A CERTIFICATION OF BUDGET TO: THE DIVISION OF LOCAL GOVERNMENT This is to certify that the budget, attached hereto, is a true and accurate copy of the budget for Vail Metropolitan Recreation District, for the budget year ending December 31, 1991, as adopted on December 12, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Vail Metropolitan District in Eagle County, Colorado, this 12th day of December, 1990. Kenneth D. Wilson, Chairman (S E A L) _ • RESOLUTION TO SET MILL LEVIES WHEREAS, the Board of Directors of the Vail Metropolitan Recreation District has adopted the anmial budget in accordance with the Local Government Budget law on December 12, 1990; and WHEREAS, the amount of money necessary to balance the budget for debt service expenses is 5236.609 and WHEREAS, the amount of money necessary to balance the budget for capital projects is 5397.111; and WHEREAS, the 1990 valuation for assessment for the District, as certified by the Eagle County Assessor, is 5288,860,800; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vail Metropolitan Recreation District: 1. That for the purposes of meeting all debt service expenses of the District during the 1991 budget year, there is hereby levied a tax of .83 mills upon each dollar of the total valuation for assessment of all taxable property within the District, to raise 5239,754 in revenue. 2. That for the purposes of meeting all capital project expenses of the District during the 1991 budget year, there is hereby levied a tax of 0.70 mills upon each dollar of the total valuation for asessment of all taxable property within the District, to raise 5202.203 in revenue. 3. That the Treasurer and/or Chairman of the District is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the District as hereinabove determined and set. Adopted this 12th day of December, 1990. Gail Molloy, Secretary RECD DEG 1 71996 PRIORITIZED 1991 CAPITAL REQUESTS PRIORITY/DESCRIPTION Approved Capital Items: 1. Acquisition of Golf Carts 47,645 2. Capital Reserve Accrual - Dobson Arena Zamboni, refrigeration 8 904 3. Ford Park - Fencing 20,000 4. Remodel Cafe area/Activity Desk - Youth Center Construct activity desk in T.C./staff offices 25,000 5. 1 green remodel 1 new tee Trees: 5, 6, island, 13 fairway Sand for top dressing fairways, parts of 1st nine 13,000 6. Software Package - scheduling, budgeting, etc. 7,000 7. Side dasher boards & kick plates H-channel/cap rail system (glass support system) 17,500 8. Fertilizer spreader 3000 ' $142,049 Unfunded Capital Items: 9. Topdresser, FWS.type 4 000 10. Greenmower 13000 11. Clarke Scrubber 7000 12. Truckster Work Cart 7,500 13. Genie 45' boom lift 44,000 14. Expand present electrical system 25,000 15. Ryan Rotary Mower/plug processor 9,000 16. New phones & lines for Rec. Adm. 4 000 17. Rental skates 5000 18. Storage bins at Mtc. Bldg. 5000 19. Recolor F.P. tennis courts 18,000 20. Expansion to Golf Maintenance fac. 50,000 21. Marquee -front of building 5000 22. Athletic Field Lavatories 50000 23. Volleyball Courts - Ptble. Bleech 5,000 24. R.S.S. weightroom improvements 5,000 25. Lockers - Ford Park Tennis Facility 6,100 $262,600 ~ 1 ~'f~- F~I - ~ ~y Iowa ofi nail ~ 75 south frontage road vafl, Colorado 81657 (303) 479-2100 office of mayor December 6, 1990 Mrs. C. E. Kindel P.O. Box 220 Litchfield, AZ 85340 Dear Mrs. Kindel: Because of our great esteem for Ted Kindel and his numerous contributions to this community, both a citizen's group, composed in part by Gordon Brittan, Marge Burdick, and Christie Hill, and the Town of Vail, wish to extend a special invitation for a dedication ceremony to occur Saturday, December 22, 1990, at 4:00 P.M. The location for this dedication will be the open space between the Mill Creek Court Building and the Red Lion Inn. This dedication will mark a permanent location of recognition for an individual whose contributions remain integral to the success and long term viability of this community. Please join us on the twenty-second in this special recognition for your husband. If you should have any questions, please do not hesitate to contact me. Sincerely, TOWN OF VAIL Kent R. Rose Mayor ~I, ~~~~OO ~ Lt?~NJ~L~?~~ 1SOo RECD DEC 1 31~~® 111 South Frontage Road • Dail, Colorado 81657 December 10, 1990 Mr. Ron F~hillips Manager, Town of Vail 75 S. Frontage Rd. Vail, CO 91b57 Dear Ran, Just wanted to give you an update on the progress of our office move. Six members of the VRA board, Steve DeWire, Rob Levine, Lriill Miller, Bab Fritch, k:ent Myers, Mike Bennett and myself met Thursday morning, December bth, to discuss the possibilities of splitting our Group Sales department apart from the rest of the organisation se they would be in a more visible location. We feel that this can be done and would litre to meet with the Council at a work session after the Christmas IVe:b Year holidays to discuss our proposal. ?f you have any questions, please do not hesitate to give me a call. Sincerely, ~J Syl ~i B1 ount Executive Director SB/ljr CENTRAL RESERVATIONS 1-800-525-3875 GROUP SALES /BUSINESS OFFICE (303) 476-1000 Denver Line 595-9488 ~C'C DEC 1 71gc~' Connie Knight Professional Writer 385 Gore Creek Drive Suite 201 Vail, Colorado 81657 303/476-3615 December 11, 1990 Mayor Kent Rose Members of the Vail Town Council 75 South Frontage Road Vai 1 , CO 81657 Dear Kent and Town Council Members: Jay Peterson asked that members of the Planning Commission attend your meeting on December 18th to explain their individual reasons for voting for denial of the Sonnenalp's request for a SDD. Mine are as follows: 1. !Only 40-41 hotel rooms will be gained, yet an entire area will be destroyed from public view. 2. The height is 50 feet above what is allowed on Vail Road and 32 feet on East Meadow Drive, not the 81 and 59 feet proposed. 3. A potential for a canyon and wind channel exists, not unlike that at Beaver Creek once the Hyatt was built, affecting Driscol Gallery, etc. 4. The sun will be blocked and shade will cover, not only the road, but 40% up the building where Blano's Pizza is. 5. Ten (10) encroachments are being requested. 6. All the setbacks are being ignored. 7. The swimming pool, not only is into the setback, but also the area pro- posed as a furture Streamwalk. 8. The building is 165 feet long, with little variation to a straight line, al~ng~ Fast Meadow Drive. 9. The loading area is not in compliance...too narrow. 10. Not enough consideration for the public's need for open space and views of the mountains. 11. GRFA is more than double what is allowed (23~ as opposed to 10% allowable). for accessory hotel floor area. 12. GRFA for common area is 84%. On]y 20% is allowed. 13. On]y 1 of 5 sub-area requirements are met of the Vail Village Master Plan. Let's not lose sight of why guests come to Vail or why residents continue to stay. Nor should we be sidetracked into the possibility of a five-star hotel. Sincerely yours, ~ ~hw - ~ ~ 1 / r Connie Knight Planning & Environmental Commissioner cc: Community Development Staff Member Society of Professional Journalists U.S. Ski Writers Association ~ yvvYV~+f+~~~_d; You're an Elected Official: ~f7 4 r..,,, How do you become an - ?~i~i ~ ~ ' " 4; ~ t ~ 1.-; r ~ effective one? Y ~ ` ~ ?`.t,~ ; '~J ' , . ' zi ~ CtalS Elected Of fi P ~ The Colorado Municipal League invites you to ~ ~ m o vV orkshop an all-da training workshop designed to give you N Y ~ a better overall understanding of municipal ~ ~ d ~ governmentandhowtobeamoreeffe+ctivemayor, ~ ~~Beyond the Basics" council or board member. This workshop is designed to go beyond the basic skills covered in r. t ?ious CML Elected Officials' Workshops. The morning session will - Saturday, januarif 12,1991 rover real world techniques and approaches to DeftvCr Marriott WCSt running more effective council meetings and 171] D81tT1Cr West study sessions, two discussions of proactive ap- proaches to keep your atizens informed, and a Mme.. Ott Bled. session on solving day-today ethical dilemmas. GOlderi, CO 80401 The afternoon session will rnncentrate on com- ~ . ing to grips with the changing reality of governing o at the local level. The challenge of addressing - W w ti public r:....:,~.-lion will be discussed, along with our role in sha m this i:on. o y p' g per'.-ter z ~ ~ o Presented by the Colarado Municip~aI League ¢ V U d7 The workshop will also providean ..rr„rtunity ~ ~ ~Q¢~~2 to meet and talk with other municipal officials. a ~ " ~ ~ ~ ~ ~r - w~ The registration fee for members is $50 if ~ - . ~:.:ved by the League on or before D".;... ber 28, d g ~ 1990, and $GO after that date. Nonmembers fees are b~c `V :y $65 and $75 for late registration. The fee covers the a ~ ~ cost of all materials and lunch. Reservations made, but not kept, will be charged for. a ~ ~ ~ ~ ° Overnight room reservations at the Marriott `n ~ • ~ are available by calling (303) 2T9A100. Ask for the o ~ ~ ~ CML room block with room rates of $63 ~ , ~ ~ single/double. Reservations must be made by c ~ r. ~ December 28. V ~ A .~1 ~:7` z ' " . ~ - k,: Agenda ~ . .fY.~ v' CML Workshop for Elected Officials: January 12,1991 ; Beyond the Basics Denver West Marriott ; 8:15 a.m. Registration and Coffee ~ ~ 0 8:30 Welcome and Introduction Margaret Carpenter, r, ° o ~ CML Executive Board President, Mayor Thornton ~ ~ a. • .d New Devela meats and Steve Smithers, ~ p ~ ~ Opportunities for Municipalities CML Technical Services Coordinator ~ ~ ~ from CML ; ' ~ ~ ~ b 8:45 Productive Council Meetings Margaret Carpenter, Mayor Thornton ~ ~ ~ o and Stud y Sessions Linda Shaw, Mayor Lakewood ~ ~ ~ ~ v N • ~ b'~o ~io ~o boo $ O 9:45 Relating to the Public: Bill Christopher, City Manager, Westminster ~ .a: How to Report to Your Mike Rock, City Manager, Loveland ; ~ ~ ~ ~ ~ ~ ~ ~ S v Municipality's "Shareholders" °l o as a 10:45 Break • ~ c ~ ,,o ,o ~ p 11:00 Resolving Ethical Dilemmas Dr. Kathryn Denham, • ~ ~ ~ ~ ~ ~ 8~ in Day-to-Day Municipal Graduate School of Public Affairs • .b d ~ ~ 'y 'v N Governance University of Colorado ; •~3 ~ ~ ~ ~ ~ ~ vv~v {r 12:15 p.m. Lunch . ~ ~ ~ ~ ~ ~ ~ ° `n .a~ ~ ~w~ ~ 1:15 Your Role as a Councilmember/ Carl Neu, President Neu and Company, ~ w ~ G Trustee and the Challenges You Former Lakewood Councilmember Face O ~ ~ ~ c • Chan ' of Public Pence tions ~ a I I ~ ° ~ • Emerg ng Issues and Dilemmas ~ ~ w ~ b • Commitment to the Task Elected Officials enrolled in W y .a ~ ; N $ • Bringing Integrity to the Process the Municipal Leadership ; ~ ~ y ~ 245 Break Certificate Pros...... will be ; ~ ~ z ~ „ ~ awarded 7 credits toward ~ ~ 3:00 Practical Skills for Municipal Cart Neu their certificate by attend- ; o ~ ~ ~ a Leadership ance at this workshop. a ~ ~ ~ a • Team building - Enrollment forms for the ~ ~ ~ • Reachin Consensus Certificate Program will be ~ ~ ~ ~ ~ g included in the packet for ~ v ~ ~ ~ • Establishing a Vision ~ Y~ c c o • Maintaining Performance Capacity workshop. aa,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 4:00 Adjourn ~ ~ b v ~ ~ V ~zH¢x x y c s~ y~ Resolvin munici al dis sites: g p p the ower of better strate p gY In some municipal disputes, better communication can make things worse. The answer is a better negotiation strategy. by Dr. David Stiebel he cost of conflict in aties today is rising. Dis- 1. I take a stand and try to convince you that I'm right. satisfied interest groups can escalate otherwise 2. You see things differently. mundane concerns intohigh-risk political con- 3. I try to convince you to agree with me. tests, resulting in highly charged public meetings, ad- 4. You try to convince me to agree with you. verse publicity, and expensive lawsuits. 5. Since persuasion isn't working, we try to bully each A public official may emerge a battered victor, but no other. hero; the price of victory is too high. The true hero is the 6. Since you're trying to bully me, I stop talking to you. diplomat who avoids battle by resolving the dispute or 7. You stop talking to me. preventing it, building alliances that strengthen the city or town. Thus, we stop talking to each other because we dis- But when talks prove frustrating or counter-produc- agree. Lack of communication is not the cause of the five, as a public official, you may feel trapped by un- problem; it is the result of the problem. desirable choices: sacrificing your objectives and giving Communicating with the other side may clarify in, or reasserting your position and risking the costs of where the conflict lies, but the task still remains how to combat. In such a dilemma, some officials hire team- resolve the conflict. That's not a communication builders, organization development consultants, or problem; it's a negotiation problem. In fact, a facilitator faalitators to help the parties communicate. who treats such a dispute as a communication problem This approach works in conflicts rooted only in can accidentally worsen it, because some methods to misunderstanding, but in difficult disputes, poor com- clarify communication L.~~.i deadlock. munication may be only one symptom of the impasse, For example, one facilitator asked three cities to az- notits sole cause. People often stop talking because they ticulate their views to clarify a regional land-use dis- disagree. For example, consider a common bargaining pute. So the cities told each other what they were willing pattern: to accept. Having articulated their bottom lines, however, they were more committed to their positions than ever. One city manager complained: "I can't budge now! They'll think we're caving in!" Dr. David Stiebel,a lecturerat the University of California Communicationdidn'tcausethisproblem,sotalking at Berkeley in Palo Alfo, is a speciulisf in municipal dispute more couldn't resolve it. In fact, communication made resolution. He works with cities to resolve difficult disputes things worse. using improved negotiation strategies and develops strategies So what was the root of this dispute? It was the to resolve disputes aver interagency revenue shanng, negotiation procedure that the parties were following, redevelopment, land-use planning, council-manager rela- tions, labor grievances, and public-private partnerships. (continued on page 39) Colorado Municipalities/November-December1990 37 y~~' • • ro ess~ona ~ rector • ' a a• • • \ p p ^ OWEN ENGINEERING & n ^ MANAGEMENT CONSULTANTS, INC. Serving state and local overnments in Colorado ¦ Construction Management ¦ Feasibility Studies g Plaaai+tg, Engineering,; ~ lalin,r_.. ¦ Operations Managemem ¦ Energy Audits • Executive Recruitment • Organization Analysis ¦ Forensic Engineering ¦ Pilot Studios • A6se66ment Centers • Sdid Waste Mmagemeat • Eeonomte Deelopmem ¦ OSM Services ¦ Facilities Dalgn • Personnel Sy6tem6 • RecyrlinglC._..r..-..., ~ • I,wgaum $ttpptM ¦ Plant Startup ¦ 08M Manuals • Economics/Public •Ua.ir..o-..~dStongeTadu •F.. •••~-~••~~~UServias • Classification and Finance COmpenSation • Training SpecializlnB in Water 8 Wastewater Treatment Systems taa6 Ethan Wa 3860 West Northwest Mw 99918th St, 8tdta 1610, Denier, W 802D2 (I03~%-9019 DENVER SACRAMENTO Y Y (303) 969-9393 (916) b"775288 Suite 101 Suite 230 Sacramento. CA 95625 Dallas, Tx 75220 • t~'+Bo • Dallas • Irattu dtY • 1Mnhaav • 9t. PaW • Wad®pre SARASOTA COLUMBUS (9161929.5575 12141956-7097 (813) 957.7927 1814) 444b753 Rocky Mountain Consultants, Inc. • • engineersyeologists-planners ENGINEERS ARCHITECTS SCIENTISTS ~a waterrignta.aupptr.atorage.dietriewenand Iro6lment system9 • Waztewater collection and treatment systems 800 Ei hth Avenue Storm water drainage system planning and design 9 Market Analysis Financial Feasibiliey Hazartlom waste management Greeley, Colorado 80631 Downtown Revitalization Asset Management c°na"°°"°n aervicea 303-356-3930 wnouy owned and ope.areo .n cororoeo Economic Development Fiscal & Economic: Impact onicea: Baal E Ramip. Sis. tat 196° indusvwi Circle ~ •a] S si. grain 760 Horizon Drive Public Finance Project Packaging t:ng~.woo°. GOae„t ven9m~i.coaosol e,+ar.n.coe~(r tat-scup 7z-szez ses-x.sa Grand Junction, Colorado 81506 303-243-7569 1638 Pennsylvania • Denver • Colorado • 80203 • 303/860.9996 Atlanta • Denver • Fon Lauderdale • Silver Spring • Washingnn Engineering • Architecture HDR Engineering, Inc. h1~~+tI1~Ig111 ~ Water/Wastewater ~ r• BIBCK & 4~tLyCCh Transportation E, : _ . Architt3cts Solid Waste • Water & wastewater • Treatment Plants ? Utilities/Energy • Process Control, Upgrades & Expansions • Computer Control Systems • Electrical Denver Regional OffICe Suite 300 • Instrumentation • Civil a ~tunlcipal - 1400 South Potomac Street 303 East 17th Avenue Professlonel Engineers & Consul~nts Denver, Colorado 80203 Aurora, Colorado 80012 ~ Telephone: 303 861-131]0 1100 stout Street/suite 7so 303) 671-4200 cenver. co eozoa-xosa Offices Nationwide . , , (303) 825•S~J99 FAX (303) 8251)642 CENTENNIAL ~ ~ ~I ; ~....:M...... ~ ENGINEERING McLaughlin Water. Engineers, LtdL Planning ~ Design ~ Rates I Transportation, Traffic, Roads, Streets, I,WaterRights&Resources•iYaterTreatment&Distrilnttidn Economic Analysis~FeasibilityStudies Bridges, Airports, Environmental I •Substufarntxainage•Irrigation•StotmDrainage&FloodConttd Management Services Studies, Industrial Development •Wastewater Collection,Treatment&Reuse•Fire Protection ,•Water Based Recreation•Ratr Studies&Utilities Fmnomits Construction Management Planning and General Civil Engineering 2420 Alcott Street, Denver, Colorado 80211 P.O.Box 1307, Arvada, CO 80001 (3031+sB-ssso (303) 420.0221 38 Colorado Municipalities/November-Deeember1990 , r~~ ~ . ,Cx,rv,,,••Da00•••r,•-~ Dispute, continued In a difficult dispute, the impulse =Dx,D,nxn<an,•ei•,.,D•.e.D<, a series of missteps that many offi- is to try hazder, but it does no good SCHMUESER GORDON MEYER, INC. cials and facilitators follow uncon- to do the same wrong thing with • MUNICIPAL FACILITIES AND PLANNING ~OUgly; more intensity. If you follow the • WATER/ WASTEWATER TREATMENT above seven steps with better inten- • STRUCTURAL AND HYDROLOGIC STUDIES • PROPERTY AND CONSTRUCTION SURVEYS Z • Pe0 le decide their stances tions and improved communica- •ENVIRONMENTAL AND HAZARDOUS MATERIAL p tion, you'll still reach deadlock. 1001 Grand Ave. P.O. Box 2155 unilaterally. Glenwood Springs, co Asaenr ~ 2. The meet to understand the You'll still beplaying alone-lose (303) 95t 1004 (303) 9258727 other side's position. game to see who can be stubborn 3.Once people announce their posi- longer. tions, they are less willing to change To change the outcome, you must them. change the negotiation game that 4. Somebody must give in to reach the pazties aze playing. The answer THIS SPACE IS AVAILABLE agreement. isn't better communication; it's a 5. If one side does give in, there's better negotiation strategy. Contact the often resentment orembarrassment. It's nice to have good intentions _ Colorado Municipal League 6 If nobod vas in, a stalemate to try harder and cooperate. But 1660 Lincoln St., Suite 2100 ensues. y ~ good intentions alone don't break Denver, Colorado 80264 stalemate. Better strata es do. (303) 831-6411 7. The working relationship often ~ suffers. We applied one innovative strategy to resolve an interagency • dispute over revenue sharing. The x=,~•,M, i parties were deadlocked over how STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCUlAT10N much money ~ each agency should x„n,.e e. n us.c 2~i wc•nox no. i o ~ sw r• Colorado Mvntcipalicie, ' 0 I 0 ~ 1 ~ O ~ 1 18 1 6 14 1 9/24/90 ~ give to fund a public utility. Here are the steps we followed: x eimDncety s V ~ • stn 1. ~ww•.••ro •m..,. er ,.e.a w.:. n wue-.oe V vm, w cw<. nr-. •rd n-•... 1660 LlncDin $c., Hu ire 2100, Den < CO 80264 1. Start with their motivations. 1fi60 Lincoln 8c., 8ofce 2100, Denver, CO 90264 We told the parties that we were ~n.,wxM..a-ece.ro.nwn'w>emw mwwaw.ean«..°a „m.a.w eair«r,W..-n1r.~rorwawi ~ creating a draft to address their Colacado Munictpal Lengve, t660 Lincoln 9c., 9vite 2100, Denv<=. CO 80264 needs, SO we wanted to understand %ey li•rtea, 7860 Lincoln sr.. 9nlr< 2tU0. D<n~<=. ~0 9D264 those needs thoroughly. The agen- ~M Gies vowed to give no concessions, i rte.... a"+.,. d.......,. w..... w r..~a~....w....,... r o,., a,.w s,. w~.... but they saw little to lose by describ- ing their concerns. Both agencies De-.-. M.~..,,-. olorado Yvnici a 1660 .,"rn,~ er ~rra 2r~ n••r sow wanted the utility to have enough (a nonoroE ic. nano cock coroora cicn~ I money, but one agency worried that ~..s-rm.-.~,.,,.y,n.~....>ne«•„,.~~nx.a••D-~,«,~~«.,r.«,~«~.«.«••.~rern-.•.xen...••«a^- i it would be forced into debt by .„.,,..,aa„....w "con i . , ~ ~ ~ promising too much funding. i «„aD,~1Yj•,~,,,,,-„~,TeM~„=,_,,,„~„~„~,,,,,,„, 2. Discuss solutions later. Peri- odically one party would seize on one solution for satisfying acon- ItO. Wi.~a. wet C'~~c~ 1Ar.r Fs~Nw O~?"0 ~~xe•.. °r FInO•~ru I ~°D° earn. Such insistence, if recipro- I rw• xe. caw. a. r~ a.x • 4850 4850 ~ , ,.~a.W~~: x.~r~.~-~~ _o_ _D. Gated, could have exacerbated the ~ i. 4,dt 4, 1, i dispute. We reminded everyone that ~ _ ~„r•;,, ~«,~;-•ar~•r~• 4,01 4,1, I we would develop solutions later. I ~ e~m.tcemw:m+r.°.~~:°'m<;; : ,49 X44 ~I Now, we were identifying only the rme oka•wea o~Mr., DI 4650 4662 f needs that a solution would try to I s. Gee.. xo. oi.v~ewa 200 I88 Dxb xn ar«. un.c@.n.a..m+w.n« em,.. I Satlsfye d. toTLL br,/4 n w 1-rY.•r n,nv de.". N 4850 4850 ~..~„,,,h.,dx,.,.,.nan„mad.6y "°`.«°'D-'" ~ 3. Invite criticism. To make sure m<•OOV<.,. col,Ki and eDmpNt• I / 4LCU.~ i mu Bditnr .<Mn 8918, p,,. ~N, d« ~••~4"• m.,,•, (continued on page 40) Colorado Municipalities/November-December 1990 39 Dispute we understood their concerns, we 8. Examine each party's unila- • Myth 2. Negotiation requires created a rough draft of each party's teral options. Meanwhile, we ~~sked prior consent. We didn't ask the needs and solicited corrections. The each party confidentially: "What parties if they wanted to negotiate. drafts showed the agencies how might you do on your own i4` you They might have said no. Instead, well we were hearing them. One can't reach agreement witYi the we solicited their concerns and criti- agency director remarked, "You've other side?" ques. stated our concerns more per- We examined the attractiveness suasively than we have:' of each option, as well as its Of course, you can't resolve a likelihood of success. Litigation complex dispute with a cookbook. 4. Develop possible solutions. looked attractive, until one agency's These nine steps succeeded here be- Next, wewrote arough draft of pos- attorney calculated the odds oaf vie- cause they were designed to sur- sible solutions to satisfy their needs. tory: five percent. mount the obstacles to resolving To address the one agency's budget this particular case. You'll have to worries, we wrote: "Each agency 9. Consider the other side's op- design a strategy to overcome the will provide its share of funds for tions. The agencies allowed us to barriers you face. But this example the utility, unless the agenc}~s finan- share their strong unilateral options shows that it is possible to change aal condition is threatened:' with the other side, to influence the the negotiation game, which can be Before r«raring specific terms, other side's expectations. the first step toward agreement. ~ we needed to verify that our draft Thus, the agencies learned how was responding to their interests. If much they could request of each they didn't object to this principle, other, before the other side would or then we could present specific walk away. This move averted a po- wer struggle to see who was tough- Networks, from page 32 er. Then we helped each agency 5. Ask for a focused critique. devise more appealing proposals to When presenting the draft to each achieve its objectives. When the par- An information retrieval and side, we did not ask, "Which ideas ties felt they could improve their communication system for human will you accept?" That would have proposals no further, they signed resource professionals. Includes in- encouraged them to take positions the contract. formation on benefits and compen- again. We asked: "Which of your nation, labor/management, safety, concerns does this draft not satin- Each agency agreed to an annual health, and training. Contact Execu- fy?" Thus, the parties were criticiz- funding level which would increase flue Telecom System, Inc., (800) 421- ing the draft, not each other. Under with each agency's revenues. 'This 8884 for more information. the old negotiation approach, the allayed budget concerns while two agencies had been exchanging guaranteeing money for the utility's RABBiT charges and threats; now they were vital operations. The technology transfer unit of cooperating to improve the draft, This outcome might not have the Colorado Department of High- buildingmomentum for agreement. been possible with a conventional ways maintains this free bulletin negotiationprocedure.Theagencies board. It contains abstracts on 6. Defer commitments. We would have communicated their CDOH research reports, meetings, clarified that at this stage we were positions, then the facilitator would and seminars. Free. Contact CDOH discussing only possibilities. have had to pressure them to I;ive at (303) 757-9602. Nobody was making any commit- up something. That wouldn't have ments. This rule enabled the parties broken the deadlock. Additional networks to generate suggestions without This case challenges several as- Information on more than 50 ad- fear that someone would inl~..r.~t sumptions about municipal dispute ditional computer networks is con- anidea as willingness to give aeon- resolution: tained in the book Directory of Infor- cession. mation Resources in Housing and • Myth 1: Cooperation requiires Urban Development (Second Edition, 7. Revise. We listened, revised compromise. With our strategy the May 1989), published by the U.S. the text, asked for another focused parties saw the benefits they could Department of Housing and Urban critique, then revised it again and obtain unilaterally, and they didn't Development. This book can be pur- again until we could improve the give up any of those benefits, to chased for $25 by calling HUD at draft no further. reach agreement. (202) 626-3130. 40 Colorado Municipa lifiies/November-December 1990 . + United States Forest White River Holy Cross Ranger District Department of Service National P.O. Box 190 Agriculture Forest Minturn, Colorado 81645 Reply to: 5407 Date: December 11, 1990 ~tC~~ DEG 131990 Rondall V. Phillips Town of Vail 75 S. Frontage Road Vail, CO 81645 Dear Ron: Thank you for your letter of December 4th inquiring about our progress with the Landownership Adjustment Analysis. I have designated the Town of Vail and surrounding National Forest as a special study area per your request (see enclosed letter and map). Rich Phelps, Recreation and Lands Officer, is the project leader. Rich is currently reviewing lands outside of the identified special study areas for acquisition and disposal priorities. I appreciate your offer to provide staff assistance with this process. The Town of Vail's involvement is critical to insure that the White River National Forest's landownership objectives best meet the needs of the public interest. It would be helpful if you could designate a contact on your staff to work closely with Rich. Thanks again for your interest in this analysis. Rich and I look forward to working closely with you and your staff to successfully complete this important landownership review. Sincerely, WILLIAM A. WOOD District Ranger Caring for the Land and Serving People FS-6200-28 (7-82) ~ R United State3 Forest White Rives r~ol~ Cross Ranger District Departaeac of Service 1~7ational P.O. Bas 190 As~riculture Forest Mintnrn. Colorado 81645 r Aepip to: 5400 Date: November 28, 1990 E~~: Subjects Laadamnership Adjustment Aaalgsis - Desiguatioa of ,Special 3tudq I..~. ~ Areas - . To: Forest Supervisor . - _ - . ~ - . - s-. . - • ~ •Enclosed please• find a map designatiag the Sgecial Studp Area. tor~~the ~ _ 7.andotaaership Adjastmeat Analpsis -on 'the Holy Crass Ranger District. ~~The areas,-__ identified tr_ll require .more 8peci¢ic etude Bad appropriate public scoping - ~ - • prior to any""class_ification-'decisians are made. ~ - - - ~ - I _ .p" _ _ _ _ .t . . - . . - . .y ~ Aii1L ZAL1 fN ~R ~ - ;1 - ~ _ ~ " ~ ,Fr"~ _ - District ranger _ _ - s f - J „ 1 11, ~ Y"~; ~ ,y~\~~'`~"1'" twi~~l.'.,r~ 1: h' ~'1' ~ 1 1'u' +,t•~r't~ti• - d I _ I .i r'•k\~ 1 ~ ?`I I I „ I I '+4 til r le Y I1..:lr. ' - ~ j1,.? a J' I ; ~ i 11. 4 . lL' 11 1/ 1/ a.. y~l' •~'`\1f Irnl; Mlrr. pp A ~tF 1. > u.;. ~ r. Ir r 4 ~••y.i (wl\ 1 _ • ; L.+ L.._.nnn~ ' ' ~ 'll a r a~I r, ~ M ~ • / 4.,, 1 • I • I r . 1 r /~1 -.~--r;_ 4OpD1 _ `I'mo.' 1 r. I11 ~gN.,ro I •!`;:Lrcwr~• I I~ I~ •,fs lo,l• r,1 J, Str !j , I I i j tV• I r I , r 1 / ? It I ~ . L I .'y. Ilnrvl•~ 'v,~ - r• . 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' I f~• I I i• I r t• I 5' •1 ~ ' 1 { 1 I.,l~ 1•' ~,.,~..r•. rl„~,,,n ~ . I I I I•, • ' 1 -1 ~ WORK SESSION FOLLOW-UP 12/14/90 Page 1 of 3 TOPIC QUESTIONS .FOLLOW-UP SOLUTIONS 8/8/89 WEST INTERMOUNTAIN ANNEXATION LARRY: Proceeding w/legal requirements far Marijke Brofos will be circulating petitions when Larry request: Lapin) annexation. gets them to her. 5/1 AMEND CODE, 12.04.240, STREET CUT STAN/LARRY: Per Council direction, proceed. Proposed ordinance being redrafted after joint meeting with PERMITS Public Service and Holy Cross. 1/17 BIKES/ROLLER BLADES AND SKATES/ KEN/LARRY: Should bicycles, roller blades, etc. be Researching appropriate ordinances for application in 1991. SKATEBOARDS prohibited from highly pedestrianized areas in the, Village and Lionshead, and also including the parking structures? 7/24 AG/OPEN SPACE AMENDMENT LARRY/KRISTAN: Legal research requested to make Research underway. Larry will report to Council on 12/18. ORDINANCE AG/Open Space 35 acre minimum per unit. 7/27 UNDERGROUNDING UTILITIES IN LARRY/STAN: Work with Holy Cross Electric to Resolution adopted. District formation underway. -EAST VAIL establish special improvement district(s) for undergrounding utilities in East Vail. 9/11 VESTED RIGHTS ORDINANCE LARRY: Schedule for evening meeting review. Community Development will meet with Larry on 12/17. .9/20 LIONS RIDGE FILING 4 RON: Homeowners Assn. would like Town to buy Ron contacted Jim Fritze about tax abatement if Town takes common area for back taxes and penalties. ownership. Tax liability only about $5,500. County ' Attorney has not yet responded. 9/25 CHARGES FOR OUT-OF-DISTRICT DICK: Prepare updated figures based on actual cost Return to Council with system and implementation used by TOA. ' FIRE RESPONSE of fire response for unincorporated areas served Compute casts of VFD on total gross costs. Compute fee by Vail F.D. far ordinance amendment schedule for re-inspections. Allow eventual fee schedule consideration. to be adjusted on cost-of-living increases. In regard to equipment fee schedule, provide justifications on total cost of equipment (i.e., add in fire station, replacement of hoses, etc.). January, 1991. ` I WORK SESSION FOLLOW-UP 12/14/90 Page 2 of 3 TOPIC _OUESTIONS ,FOLLOW-UP SOLUTIONS 9/25 EMPLOYEE HOUSING TOV staff committee studying employee housing has Staff committee is meeting weekly. begun to review the following items: 1. Possible site recommendation and selection for Town staff focusing on Buzzard Park/Town Shops, and Mountain publicly-held land suitable for seasonal Bell sites. employees and long-term rentals. , 2. STAN/JILL: RFP for structural engineering/ Underway. architectural/site analysis. 3. STEUE B.: Funding and site analysis costs to be Cost estimate for Mtn. Bell site survey requested from Dan established. Corcoran. Kristen to speak w/Ron on cost approval & SpeCiflCS to be included. 10/2 REUIEW COMMUNITY DEVELOPMENT KRISTAN/GARY: Consider fees currently charged for Set far Work Session 2/6/91. To be discussed at interdepart- FEE STRUCTURE labor intensive review processes, "fast- mental mtg. Re: inclusion of actual costs from each dept. tracking," red tags, etc. Consider reinstating the street use tax? 11/27 HOUSING AUTHORITY MANAGEMENT KRISTAN: Research the following questions - Will present to Council 1/8/91. 1. What other resort areas (in/outside of Colorado) have housing authorities? 2. What are the pro's and con's? . Which authorities are operated by Councils/ Trustees and which by appointed boards? What's the reaction to how effective either method of management works? 11/27 HERITAGE CABLEVISION Ron: Schedule meeting with Ron/Larry/Lynn Johnson Will do. to discuss limited franchise agreement. 11/27 TM/TA/TJ EVALUATIONS OUNCIL: Larry's and Buck's evaluations are Larry's and Buck's reviews will be continued to 12/18/90. (request: Rose) scheduled for the following week, 12/18/90, so have your TA/TJ evaluations to Kent by 12/4. 11/21 DIVISION OF WILDLIFE/TRAPS KEN: Find out exact regulation and boundary for Staff will review letter of request and make recommendations hunting in the Vail Valley, as established by to Council. Division of Wildlife. ~ WORK SESSION FOLLOW-UP 12/14/90 Page 3 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 12/11 CHRISTMAS TREE LIGHTINGS EUERYONE: TOV tree lights are scheduled as follows: Sunday, 12/23/90 6:00 P.M. - LionsHead - 5 Flags Plaza 6:45 P.M. - Village -Slifer Square 12/11 SPECIAL EUENING MEETING EVERYONE: A special evening Town Council meeting has been called to review the following item: . Ord. No. 44, Series of 1990 - SDD for Sonnenalp 12/11 CASH-IN-LIEU OF LAND LARRY/KRISTAN: Prepare ordinance DEDICATIONS/RE50J SCHOOL DISTRICT 12/11 PARKING RESTRICTIONS/LEASING RISTAN: Follow-up w/properties in Town that may be illegally leasing parking spaces and therefore invalidating parking on-site requirements. 12/11 CORNICE BUILDING PARKING EN/STAN/KRISTAN: On-site parking is creating a (request: Steinberg) dangerous situation as cars back out onto Vail Valley Drive. 12/11 BETTY FORD ALPINE GARDEN OUNCIL: If anyone besides Peggy, Tom, and BENEFIT Lynn wish to attend, please contact Ron immediately. Dinner scheduled 12/11 at the Marriott. ORDINANCE N0. 45 Series of 1990 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 10, SERIES OF 1990, TO PROVIDE CHANGES TO AREA D REQUIREMENTS THAT CONCERN THE PHASING PLAN FOR SITE IMPROVEMENTS FOR AREA D; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, the Town Council approved Ordinance 10, Series of 1990 Special Development District No. 4; and WHEREAS, Glen Lyon Office Building, a Colorado Partnership, has requested to amend the existing Special Development District No. 4, Area D; and WHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 4; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 10, Series of 1990 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 10, Series of 1990, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled. Planning Commission Report. The approval procedures described in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special 1 Development District No. 4 within the Town of Vail. Section 3 Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 18.46.010 Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development: density will be relatively low and suitable for the az-ea and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development Di~;trict which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed. to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include 2 a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or 2 transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in section 17.26.075--17.26.120 governing condominium conversion. The unit shall not - be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.46.030 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreaae Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.100 Glen Lyon commercial Site D - 1.800 Dedicated Open Space 40.400 Roads 4.700 97.955 18.46.040 Development Plan--Required--Approval Procedure A. Each development area with the exception u,. Development 3 Areas A and D shall be subject to a single development plan. Development Area A shall k~e allowed to have two development plans for the Waterford, Cornerstone, Millrace IV and Cascade Club sitE:s as approved by the Town Council. Development Area I) shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer C~hall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103 B-F. ' B. Amendments to SDD4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C'. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor or street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined in Section 18.24.030 A of the Town of Vail zoning code in Area A) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage :of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 4 3. Lodge; 4. Multi-family dwelling; 5. Transient residential dwelling unit; 6. Employee dwelling as defined in Section 18.46.220; 7. Cascade Club addition of a lap pool or gymnasium. B. Area B. Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C. Glen Lvon Duplex Lots 1. Single family dwelling; 2. Two-family dwelling. D. Area D. Glen Lvon Commercial Site 1. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A. Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 5 6. Major arcades with no frontage on any public way, street, walkway or mail area. B. Area B, Coldstream Condominiums 1. Public park and recreationa]_ facilities; 2. Ski lifts. C. Area C, Glen Lvon Duplex Lots 1. Public park and recreational facilities; 2. Ski lifts. D. Area D. Glen Lvon Commercial Site: 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253 18.46.070 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B. Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 6 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. C. Area C. Glen Lvon Duplex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental,to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D. Glen Lvon Commercial Site 1. Home occupations, subject to issuance of a home .occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for th.A or. eration thereof . 4. Minor arcade. 7 18.46.080 Location of Business Activity A. All offices, businesses., and services permitted by Sections 18.46.050 through 18.46.070 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establi:~hment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not k~e obstructed by outdoor display. 18.46.090 Density--Dwelling Units The number of dwelling units shall not: exceed the following: A. Area A, Cascade Village Two hundred eighty-three point five (283.5) dwelling units, with a minimum of three hundred thirty-eight (338) accommodation units or transient residential dwelling units and a maximum of r.~inety-nine (99) dwelling units as defined by the table in Section 18.46.103 A-D. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C. Glen Lvon Duplex Lots . One-hundred four (104) dwelling units. D. Area D, Glen Lvon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 18.46.103F. 18.46.100 Density--Floor Area A. Area A, Cascade Villaae The gross residential floor area for all buildings shall not exceed 289,445 square feet, except that the total maximum GRFA shall not exceed 292,245 square feet if Millrace IV Scenario 2 (32 A.U.'s) is constr.ucted., g B. Area B. Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C, Glen Lvon Dubleex Lots GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the Primary/Secondary district of the Town of Vail municipal code. D. Area D. Glen Lvon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 Commercial Square Footage A. Area A. Cascade Village Area A shall not exceed 56,538 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A-1, and the special attraction use. B. Area D. Glen Lvon Commercial Site Area D shall not exceed 16,730 square feet of office for Phase I, IA & II or 15,584 square feet of office for Phase III per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved development plan. 18.46.103 Development Statistics for Area A. Cascade Village, and Area D. Glen Lvon Commercial Site 9 i r s i r • A. AREA A CU1•iPLETED PROJECTS CASCADE ' RETnII/ OP1 SITE STRUCTURE Au ou GRFA coral sq FT PARKING ' PARKING H1llP,ACE i 16 20,000 28 0 hsiltAnCE II 14 11.534 25 0 UESTIII 148 65,451 0 115 Alfredo's I04 seats 0 0 Crfe J4 seats 0 ; • 0 Ltttle Shop, ~ ~ 1250 0 0 ' . o , Pept Sports 2436 0 0 N 6 H Smlth, Ylurnet 900 0 CHC BUILDIIIG Cascade wing 8 15,810 0 16 Ctancy's 1600 ' 0 13.3 Theatre 4220 29 College Classrooms 4192 0 40 College Uftite 954 0 4 Ntg Roam 2J 1381 0 6 . TE?AnLE N111G ~ ' ' Rcoms 120 58,OG9 0 I05 5x56 o za t ~ CtltiPLEiED PRUJECiS (Can't) CASCADE R[tn?l/ UN SITE STRUCTURE • PAllK111G ' PARKING AU DU GRFA COt1M SQ fT PlA2A 1 0 16 Aoons 20 7205 1099 0 4 Retail • PlA1A li• 8291 0 35 • Tonierence • ' 925 0 3 Retail CASCADE C!UB• ~ ' 300 0 1 Retail ' 612 p 5.6 Bar 6 Restaurant 828 0 3 • Uffice in CMC ' Vellness Center 1386 0 ~ 11,786 53 . 422.. 70iAlS 288 38 174?135 i • . B. AREA A PRUPUSCD PRUJ~CTS CASCADEJWAiERFURO UN SITE STRUCTURED 1. CURN~P,STU!!E AU UR TR DU GRFA CUt•il•1ERCIAL SEATS SQ FT PARKING PARKING Units 50 TR 28,110 48.1 (av room 561 sf ('.962 ' Accessory Ski ~ 2190 spaceJroomj Retail ~ . 7.3 Restaurant 3000 147 14.4 }lotel Access Rest & Bar 2465 82 10.3 Office ~ 4850 19.4 Conf Room 1725 1.2 Motel Retail 285 ~ .0 Scenario 1 Retail 1 13,250 ' ' 44.2 or or • • or N Scenario 2 Retail P 1b,215 54.3 Access Ski (Restrooms (Ski School 7140 0 (Lift tickets TOTALS 50 TR 28,110 Scenario 1 26,090 or 229 8865 0 Scenario 1 155.9 or Scenario p 29,065 Scenario 2 Ifi6 ~ AREA A P1tUPUSED PROJECTS (CUNT.) CASCADE/41ATERFURD UN SITE STItUCTllItED 2. 41ATERFUP.D AU DR ?R DU GRFA COh>t•1ERCIAL SEATS SQ FT PARKING PARKING . UNI1S Scenario 1 30 60 or 41,500 ~ or Scenario 2 ~ 15 TR. 7§ RETAIL 3,800 12,1 TOTAL Scenario 1 15 TR or 41,500 3,800 Scenario 1 12.1 Scenario 2 30 DU Scenario 1 81.1 or 3. YIESTNAVEII CONDOS , UII I TS 20 22, 500 40 ' . ~ ~ . Emplcl~ee Units IO 6,400 * 2Q htax p TUlr~l. 20 DU 22,500 60 , . , 4. h1ILlRACE III UNITS 3 6,000 ~ 6 TU1AL 3 DU 6,000 _ 6 ' 5, h1ILLRACE• IV ' UtIITS Scenario 1 8 11,2UU or ~ 16 or Scenario 2 32 AU 14,NU0 26.8 1UTAL Scenario 1 8 DU 11,200 16 or 32 AU 26.8 • ot•.Scenario 2 14,000 ; nwu`ll;na ~Inits shall not count toward density or GRFA. ' • , CASCADE/WATERFORD AREA A PROPOSED.PROJECiS (CUNT.) 011 SITE . STRUCTURED PARKING PARKING AU UR TR DU GRFA CUh11~1ERCIAL SEATS Sq FT , 6. CASCADE CLUB, . iiDU1:f 1UN Scenario 1 4,500 22.5 Wellness Ctr 4,500 0 or Scenario 2 ~ - G~nnnasium TOTAL Scenario ' 4,500 22'5 Scer,~irio 2 ~ 4,500 7. RUUt•1 2J CUtIFEREIICE 5.5 C0~11'EItTEU TU 1,381 . ~T1IEATRE ~ ~ . TUTAI. 1,381 - 5.5 ~ 8. P142A OFFICE 925 '7 , TOTAL 118,110 38,152 13,365 66 Minimum 310 ol~zimum MAXIMUMS .Total - 101:5'DU ' 235 Minimum Room ?J ha: aire:~dy been counted as conference space Plaza space has already been counted for a retail parking reouir'ement. The parking. The new parking requirement is based on tire. new parking requirement is based on the difference between the retail and 'difference between conference•and theatre parking ofFice parking requirements. requirements. ~ 1ota1 figures represent highest density and commercial scenarios. ' ~ ' ~ C. TOTAL PROJECT ~?EVEl.UP(4ENT CUh1PLETED AND PRUPUSED FUR AREA A: • uq SITE • • CASCADE/WATERFORD • STRUCTURED DU GRFA CO!•ihtERCIAl. PARY.I~~G PARKING . • Maximum** Minimu~*** CUI4PLETED PROJECTS 182.0 174,135 11,786 53 422 422 F PRUPUSED PROJECTS * 101.5 II8,I10 38,152 66 310 235 f Tl'Tf,L DEVELUPhIENT 283.5 292,245 56,538 119 Minimum 732 Maximum Nrith 657 Minim~:~n ~+ith • AT BUILD-OUT Il.Sro Mixed Use 11.5 Mixed Use . Credit = 604 spaces Credit = 543 spaces ' • 421 spaces in 421 spaces in . ' Cascade Structure and Cascade Structure 183 spaces in IZZ spaces in • Waterford Structure Waterford Structure *Total• figures represent highest density and commercial scenarios. • ~ **I~iar.im~lm parking structure requirement assumes Cornersto++e Scenario Z, Waterford Scenario 2, (tillrace IY Scenario 2, and Cascade Club Scenario 1. ***(•finimum parking structure requirement assumes Cornerstone Scenario I, . Waterford Scenario 1, Millrace IV Scenario 1, and Cascade Club ' Scenario I. ' •D. TOTAL PROJECT MINII4UM AU UR TRs ANO MAXIMUM DUs FUR AREA A: AU UR TR ~ CUf•1PLETED PROJECTS 288 AU 38 PRUPUSED PROJECTS . " ' .50 TR 61 . ~ ~ ~ ~ f • TOTAL 338 9g j ' i E. Development Controls Area Units GRFA (Acresl 16 DU/Acre (.351 Original Parcel 15.68 252.00 256,437 Robbins Parcel 1.23 19.68 18,752 Cosgriff Parcel 1.045 16.72 15.932 17.955 288.40 291,121 F. DEVELOPMENT FOR AREA D, GLEN LYON COMMERCIAL SITE SDD #4, AREA D DEVELOPMENT SQUARE FOOTAGE AND PARKING PER TOWN OF VAIL REQUIREMENTS FEBRUARY 26, 1990 PHASE Ia PHASE I,Ia & II PHASE I,Ia,II AND III DEVELOPMENT DEVELOPMENT DEVELOPMENT Sq.Ft./Parking Sq.Ft. / Parking Sq.Ft. / Parking Glen Lyon Office Bldg. (Existing) 10,150 40.6 10,150 40.6 10,150 40.6 PHASE IA Glen Lyon Office Bldg. 400 1.6 400 1.6 400 1.6 PHASE I Glen Lyon _ Bldg. - Office 0 2,400 9.6 2,400 9.6 PHASE II Micro-Brewery -Office 0 3,780 15.1 2,634 10.5 -Reception/ Museum 0 480 0.0 480 0.0 -Retail 0 175 .6 885 3.0 -Fermentation/ Brewhouse 0 970 0.0 1,406 0.0 -Beer Hall 0 1,700 18.8* 1,700 18.8* (150 seats) (150 seats) -Brew Pub 0 1,380 10.0* 1,380 10.0* (80 seats) (80 seats) SUBTOTAL 10,550 42.2 21,435 96.3 21,435 94.1 PHASE III East Building -2 Employee Units 0 0 0.0 1,695 4.0 -1 Dwelling Unit 0 0 0.0 1,630 2.0 -Office 0 0 0.0 2,400 9.6 SUBTOTAL 0 0 0.0 3,325 15.6 TOTAL COMMERCIAL AND RESIDENTIAL SQUARE FOOTAGE AND PARKING: 21,435 96.3 24,760 110.0 *USED HIGHEST PARKING REQ. POSSIBLE BASED ON SEATING 16 18.46.104 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for each area: 1. Cascade Village Master Plan and Building Height, Roma, 10/10/88. 2. Waterford and Cornerstone Floor Plans, Roma, 10/10/88, p 1-9. 3. Waterford and Cornerstone Sections, Rama, 10/10/88. 4. Waterford Landscape Plan, Roma, 10/10/88. 5. Waterford Summer Solstice, Roma, 10/10/88. 6. Waterford Site Plan, Roma, 10/10/88. 7. Waterford Elevations, Roma, 10/10/88. 8. Waterford Winter Solstice, Roma, 10/10/88. 9. Waterford East Elevation Height Analysis, Roma, 9/28/88. 10. Cornerstone Site plan, Roma, 10/10/88. 11. Cornerstone Elevations, Roma, 10/10/88, p. 1-3. 12. Cornerstone Sun/Shade, 10/10/88. 13. Cascade Entry Rendering, Roma, 10/10/88. 14. Cascade Club Addition Site Plan, Roma, 10/10/88. 15. Cascade Club Floor Plan, Roma, 10/10/88. 16. Millrace IV (32 A.U.'s) Plan, Roma, 10/10/88. 17. Millrace IV (32 A.U.'s) Floor Plans, Roma, 10/10/88. 18. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 19. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 20. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. 17 Area D, Glen Lvon Commercial Site 1. Area D Master Site Plan, Geodesic~n by Sherry Dorward, 2/22/90. 2. Landscape Plan for Area D, Geode:sign by Sherry Dorward,, 2/22/90. 3. Area D elevations, Geodesign by :>herry Dorward, 2/9/90. 4. Vail Micro-brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1, A4.2, dated 1/8/90 and sheet A2.4 dated 12/13/89. 5. Vail Brewery Roof Study, Frank Freyer, 1/8/90. 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 7. Glen Lyon Parking Garage Section:/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/:?8/88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Deck Enclosure (Phase IA) to Glen Lyon Office Building, Pierce, Segerberg and Spaeh, 9/2A/90. 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and Spaeh, 12/6/90. 12. Office Addition to Glen Lyon Office Building, Buff Arnold/Ned Gwathmey Architects August 25, 1989 Sheets Al through A4. 13. Cascade~Village Special DevelopmE~nt District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/E38. Letter from Peter Jamar Associates, Inc., dated January 16, 1990. 14. Deceleration lane design for Sough Frontage Road, RBD, October 18, 1988 as approved by (:o. Div. of Hgwys. 15. A resubdivision of Lot 54 amended plat Glen Lyon Sub- division, Eagle Valley Surveying Inc. as approved by T.O.V. 16. Vail Brewery Parking Analysis, TI)A Colorado, Inc., August 10, 1988 and Vail Brewery Parking Analysis Update, TBA Colorado, Inc., January 16, 1990 pages 1-8. 18 18.46.110 Development Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Setbacks A. Area A. Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford and Cornerstone buildings shall maintain a 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C. Glen Lvon Duplex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D. Glen Lvon Commercial Site Required setbacks shall be as indicated on the approved development plans. 19 _ 18.46.140 Heiaht A. For the purposes of SDU4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A. Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of 48 feet as measured from finished grade to any portion of the roof along the north elevation (South Frontage Road) and west elevation (Westhaven Drive). A maximum height of 40 feet as measured from the lowest floor of the parking structure to the roof eave is approved for the south and east building elevations. A maximum height of 61 feet as measured from the lowest floor of the parking structure to the roof ridge is approved for the south and east building elevations. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 48 feet. 6. Millrace IV: A maximum of 48 feet.. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. 20 s D. Area C. Glen Lvon Duplex Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lvon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, ' height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 Coverage In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered. In Area C, no more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. In Area D, no more than 37% of the total site area shall be covered by buildings and the parking structure. 18.46.170 Landscaping At least the following proportions of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped. 18.46.180 Parkins and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within a parking structure or buildings. If the development table in Section 18.46.103 is amended, 21 the parking requirements shall be amended accordingly. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure and a minimum of 122 underground spaces in the Waterford structure. 3. The Cascade and Waterford parking structures shall be considered to be one parking structure for the purposes of calculating the. mixed-use credit for parking spaces. Both parking structures shall be ' managed as one entity. A 17.5 percent mixed-use credit per the Town of Vail parking code, Section 18.52.20 has been applied to the total number of required parking spaces combined in the Cascade and Waterford structures. Alternative development plans or scenarios which require additional structured parking shall require an expansion of the Waterford parking structure below ground level. 4. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 5. Phasing: All required parking for Cornerstone, Waterford, Millrace IV Scenario 2 (32 A.U.'s), and the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade or Waterford parking structures. At the time a building permit application is submitted to 'the Town of Vail Community Development Department for the Waterford building and parking structure, the developer shall be required to make a final decision as to which development scenarios shall be used for the Cornerstone, Waterford, Millrace IV and the Cascade Club addition. .A tP~m~orar_y certificate of 22 occupancy shall not be released for any portion of the Cornerstone, Waterford, Millrace IV Scenario 2 (32 A.U.'s) or Cascade Club Wellness addition, Scenario 1 which relies on required parking being provided in the Waterford parking structure until the Waterford parking structure has received a temporary certificate of occupancy from the Town of Vail Building Department. 6. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, Millrace III, and Millrace IV Scenario 1. 7. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lvon Duplex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D. Glen Lvon Commercial Site 1. Phase I, IA and II shall include 80 surface parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. Phase IA shall include 2 additional required parking spaces for a total of 43 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section 23 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in th~~ TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking .Analysis Considerations pages 1-B. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30 p.m. for Phase I and II Monday through Friday. When Phase III development occurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m. on weekdays, Monday through Friday at any time. 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. ThE owner of the property a.nd brewery management shall prohibit semi-truck a.nd trailer truck traffic to the Glen Lyon Commercial site. The only true- loa.3ing that shall be allowed to the, 24 site shall be vans having a maximum length of 22 feet. 18.46.190 Recreation Amenities Tax Assessed, The recreational amenities tax due for the development within SDD4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of ' GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in Section 8.28.030 of the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall 25 be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management. shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used. during construction to prevent soil erosion into Gore: Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units i.n Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and Conditions of Aparoval for Suecial Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design ar~d location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. Area A, Cascade Village 1. The developer shall be responsible for providing a break-away bollard for the Emergency access road between Eagle Pointe and We.~thaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of: Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, 26 Waterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The bollard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a'building permit and prior to the issuance of a temporary certificate of occupancy f.or Westhaven Condominiums. 3. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.180 A. 1-7, 18.46.200 A - F, I, J, 18.46.210 C, 1-3, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a buildi„g permit is 27 - Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club Addition. D. Area D, Glen Lyon Commercial SitEa 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the porte-cochere of the Micro-brewery in Area D. The specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town ~ . of Vail. The bus lane shall be constructed subsequent to the issuance: of a building permit and prior to the issuance of a temporary certificate of occupancy f'or either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike ;path shall be constructed subsequent to 'the issuance of a building permit and prior 'to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall 28 provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. 3. The developer shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the .issuance of a temporary certificate of occupancy for the office expansion as described in Phase IA. 4. The developer shall be responsible for relocating the 20 foot utility easement on the western portion of Development Area D as well as obtaining approval from the Town of Vail for the relocated utility easement before a building permit is released for the micro-brewery addition. 5. The developer of the Glen Lyon Office property shell not file any remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided G~~~sPrnlent to the issuance 29 i of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase IA, east office building, oz- parking structure. 7. The Developer shall construe:t a deceleration lane along South Frontage Road per the CDOH access permit. The developer shal]. submit plans for the South Frontage Road improvements to the Town of Vail Engineer for review and approval before a building permit is released for either Phase I excluding Phase IA, II, or ]:II construction. 8. The conditions for Area D iri Sections 18.46.180 D, 18:46.200 A, B, F - K, 18.4E~.210 D, 1-7, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle Cc>unty. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit shall be issued for the Micro-brewery, office expansion excluding Phase IA, east office building, or• parking structure. 9. The minor subdivision for Area D shall be developed per the following conditions: a. The development of parcels A, B, C, and D, shall be limited to the SDD 4 development plan and governed by the SDD 4 ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commissic?n, and/or the Vail Town Council. 30 - b. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. c. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of Easement and Party wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD 4 Ordinance. d. The developer shall be responsible for replatting the 20 foot utility easement on the western portion of development Area D as well as obtaining approval from the Town of Vail for the new utility easement before the minor subdivision plat is recorded. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 18.40 of the Town of Vail Zoning Code. e. The conditions for the minor subdivision in Section 18.46.210 (D9) A, B, C, and E, shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney before the minor subdivision is recorded on the land records of Eagle County. 31 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a fire alarm detection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before .a building permit is released for Phase I excluding Phase IA or II. 11. The developer shall submit a set of amended plans to the Colorado Division of Highways for review and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, excluding IA, II, and III are presented to the Town of Vail Design Review Board for final approval. 12. The east building includinc~ the two employee dwelling units shall be constructed when the parking structure is built to ensure that the employee units are built. 18.46.220 Emblovee Housing The development of SDD 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 8 employee dwelling units within Area A westhaven Condominium building. Each employee dwelling unit in Area A shall have a minimum square footage of 648 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD4. In Area A, the GRFA and number of employee dwelling units shall be~~ 32 restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said units. The two employee dwelling units in Area D shall be restricted as rental employee dwelling units permanently. In Areas A & D the following restrictions shall apply to all employee dwelling units: The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section. In Areas A & D the employee dwelling unit shall not be divided into any form of timeshare, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units in either Area A or Area D. 18.46.230 Time Requirements SDD4 shall be governed by the procedures outlined in Section 18.40.120 of the Town of Vail Municipal Code. Section 4. 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, 33 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 5. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in thi:~ 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. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed t:o the extent only of such inconsistency. The repealer shall not: be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READIDIG THIS day of 1990, and a public hearing shal]. 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 34 INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 35 E:~IIIL'IT , KOELi3EL PROPEP,T1' DEVELOPi~IE:?T AREA A Vail-Rose 12.370 acre A part of the S~4 7./4 NE 1/4 of Section 12, Tocanship•S South, Range 81 ~•Jest of the 6th P.:i., descr=bed as follows: Beginning at a point on the West line of said S~J 1/4 NE 1/4 from w}~ich the North one-quarter corner of sai3 Section bears North 0°15' East 2269.48 feet; thence tdort:~ 0°15' East, along said S1est Line, 152.36 Pest to a point on the Southsasterly right of way line of U.S. Highway P1o. 6; thence, along said Southeasterly right of way line, as follo~•~:; : ' North 52027' East, 102.31 feet; North 49°20' East, 519.57;feet; and North 48°13' East, 549.09 feet, more or less, to a point on the North line of said Std 1/4 NE 1/4; t;zence forth 88°33' East, along the North line or said Sl•~ 1/4 iQE, 36S feet, snore or less, to a point on the centerline of Gore Creek; thence, alor.c_ the ce::terline of Gore Cree!:, as follo~•~s: South 36°49' ~•~est, 101.04 fee*_; South 18°21' West, 54.08 feet; South 1°24' ~•iest, 205.02 feet; South 12°10' ~dest, 110.25 reef; anc South 28°41' ~ti'est, 242.35 feet, thence Sout`~ 75°15' West, 1064.10 feet to the point of begin:.~:.g. Rose Parcel 3.190 acre A tract of land situsted in the Sj•;i:;EL of Section 1?, TP S S., R. 81 W., of the 6th P.:•i., lying Southerly of that cer~ain •tract of land described in Book 199, Page :197, Northerly and Westerly of the center line of Gore Cree}:, and lying r?ort:ierly and • Easterly of those certain tracts described in Boo` 211 at Page 106, Boo}: 211 at Page 108 and Boo}; 215 at Page :365, descried as • follows: Beginning at a point on the Nor;.h-South center line of said Section 12 whence the North quarter corner of said Section 12 bears N. 00015' E. 2269.48 feet; thence N. 75°15' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and which bears S. 08°26' E. 2205.34 feet from the North quarter corner of said Section 12; thence N. 75°15' E. 717.84 feet along the Southerly line of that tract described in Book 199, Page 197 to the center of Gore Creek; thence S. 28041' W. 130.61 feet along the center line • of said Creek; thence S. OS°24'30" E. 104.50 feet along the center line of said Creek; • thence S. 49°29' W. 95.50 feet along the center line of said Creek; _ thence S. 22034' W. 124.47 feet along the center line of said. Creek; thence S. 54000' W. 119.34 feet along the center line of said Creek; to the Southeast corner of f=hat certain tract of land described in Book 211, Page 108; thence N. 33°16'30" W. 140.12 feet along the Easterly line of that tract described in Book 211 at: page 108; thence N. 57042'30" ~J. 169.88 feet along the • Northeasterly line of that tract described in Book 211 at page 108; thence N. 86°02' 30" td. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page 108 Book 211 at Page lOG to. a. po~.~fi; thence N. 32057'30" W. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning'. 36 • ' - ' • . . Heede Parcel 1.260 acres Count}~ of Eagle and State of Colorado, to wit: A tract of land situated in the StJ;NE; of Section 1?., To.,nship 5 South, Range S1 West of the 6th Princiaal ~Seridian, described as follows: Beginning at a point on the North-Sout!~ center , line of said Section 12 whence the North Quarter Corner of said Section 12 bears North 00 degs. 15 mins. East 2269.48 feet; thence " North 75 degs. 15 mins. East 346.26 feet; thence South 32 degs. 57 mins. 30 secs. East 76.08 feet; thence South 11 degs. 00 mins. 30 secs. West 279,99 feet to•a point in the center of Gore Creek; thence North 50 degs. 32 mins, j•?est 111.31 feet aloncr the cen~e= line of said creek; thence North 38 degs. 40 mins. ~•?est 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence North 00 degs. 15 mins. East 13.95 feet along the North-South center line of said Section 12 to the point of beginning. Total 16.820 acres GORE CREEF r~SSvCIATES PROPERTY DEVELOP~IE:•:T AREAS B, C & D 80.700 acres Lecal De=cr?ction All that part of Section 12, Toc~,-nship 5 South, Rance 81 S~est of the 6th P.i•I. , described as follo:~:s All that par of the N;NE; of Section 12, lying Southerly of the Southerly right-of-way line of U.S. High:uay No. 6 and Northerly of the Southerly line of said iJ?NE~, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follocas: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterl}• line of said N;NE;, whence the Northeast corner of said Section 12 bears North Oo03' West 634.785 feet; thence South 73°26'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70°34' West 125.10 feet along the Southerly right of " way line of said highway; thence South 69°25' West 100.00 feet along the Southerly right of " way line of said high~oay; thence South 65°50' West 100.00 feet along the Southerly line of said highcaay; ~ - - thence South 62°15' West 100.00 feet along the Southerly•right of way line of said highway; thence South 58°40' West 100.00 feet along the Southerly right of , way line of said highway; thence South 55°OS' West 100.00 feet along the Southerly right of way line of said highway; thence South 51°32' West 100.00 feet along the Southerly right of " way line of said highway; thence South 47°57' West 232.58 feet along the Southerly right of " way line of said highway to a point on the Southerly line of said N ;NE;; thence North 88°33' East 497.67 feet along the Southerly line of said NINE; to the center of the NE; of said Section 12; thence North 88°33' East 1379.35 feet along the Southerly line of said N;NE; to the Southeast corner of said N;NE;; thence North 0°03' West 760.95 feet along the Easterly line of said N;NE; to its intersection with the Southerly line of said highway, the point of beginning, 37 CO::TI~U~D r AND All that part of the 5tJaNE; of Section 12, lying Southprl;~ of th_ center of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document CJo. 97x89, described as follows: Beginning at the Northeast corner of said St•i;~lE;; thence South 88°33' West 131.67 feet to a point in the center of said Creel:; thence South 4U°09' t•~est 94.04 feet along t}~e ce, ter of said Creek; thence South 18°21' West 54.08 feet along the center of said Cr°ek; thence South 1°24' tVest 205.02 feet along the center of said Crse::; thence South 12°10' t~test 110.25 feet along the center o` said C~°ek; thence South 28°~41' tVest 320.00 feet; thence South 5°24'30" East, 170.00 feet along the center of saic creek; thence South 27°00'02" t•7est 85.24 feet along the center of said creek; thence Sout:~ 54°00' tVest 259.34 feet along the center of said creek; .thence Sout'.z 65034' West 109.62 feet alonc the center of said creek; thence Sout:~ 69004' tVest 186.13 feet alonc the center of said c:aek; thence South 85°25' West 68.88 feet along the center of said crs=_k; thence Plort:~ 77036' tVest 26.96 feet alonr_, the center of said c=eek; • thence ?lorth 50°32' t•,est 1°9.19 feet along the center of said creek; thence Nort:~ 38°40' West 239.09 feet along the cen:.~r of said c:~ek; thence South 76°35' t•7est 89.91 feet along the center of said creak; to a point on the t•7esterly Line of said St•i;NE;; ttlence South 0015' t•7est 4G1.90 feet to the center of said Section 12; t}iet~ce Vorth 89.02' East 1382. G5 feet along tt~e Southerly line o= said St•:~iE; to the Sout:,e~st corner of said St•7;~1E;; thence Nort'~ Oo06' East 1384.32 feet aloro the Easterly; li.^.s of said SL•J;NE; to the Northeast cor:~er of saic SS•+'sNE„ the point of beginning, AND The Nt~';SEL.? of Section 12, Township 5 South, Range 81 t•Iest of t::a 6th P.i`I. ; AND All that part of the SE;Ntd; of Section 12, To:nship 5 South, Range 81 t9est of the 6th P.Di. , lying Southerly of the Southerly right of way line of U.S. High;oay No. 6, as shown on the plat on file in the office of the Eagle County Cler}: and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SE;NLJ;; thence South 89°02' West 836.95 feet along the Southerly line of said SE;NW; to a point on the Southerly right of way line of said highway; • thence North 52035' East 1057.07 feet along the Southerly rig}it of way line of said highway to a point on the Easterly line of said SE;Ntd; ; thence South 0°15' West 628.21 feet along the Easterly line of said SE;NW; to the Southeast corner of said SE;Nt•I;, the point of beginning; EXCEPT THE FOLLOWING: . that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Book 203 at page 231; 38 • CO:::I:SUED ~ • that part described in Book 203 at page 531; that certain island adjacent to the above-described property, and located in the middle or Gore Creek, wi~ich the par~ies intend • to e:cclude frem this transac:.ion; County cf Eag].e, . State of Colorado • ALSO THE FOLLO~~;Ii;G ?ARCEL FOR~•~E°L'! ~,NO.•,~1 AS TNc "COSGRIFr- PARCEL" A tract of land situated in the SW 1/4 rr 1/4 of Section 12, Township 5 South, Range 81 'West of the 6th Principal Meridian, lying Northwesterly of the center line of Gore Creek described as follows: • Becinnin~ at a ~oin•t whence the north Quarter Corner of saic Section `1Z bears t:. 11°U3' h. 2292.72 feet; thence S. 86°02'30" E. 89.50 feet; thence S. 54`42'30" E. 169.8b feet; thence ' S. 33`16'30" E. l~}0.12 feet to a point in the center of saiG creek; thence 5. 65`34' 1:. 109.62 feet alor~~ the center ling of said cresk; thence S. 69°C~4-' 9C?.7$ feet along the cet;ter line of s~iG creek; thence X3`12'30" W. 3]7.54 feet • to the point of begir.ni~g, containing 1.05 acres. more or less. ~:LSU DESC' I'c,i=D • ~e innir~ at a F:.int ~,i;:e-ice t`:E North Qvar~e: • Conner of said Section; I1 bears ~1• 1!°03' W. 22~Z.72 left; itic^.CE 85°43'14" F• 89.84 feet; thence S. 57`25':x0" E. 165.46 feEt; thence S. • 32°59'30" E. 141.41 feet to a point in the center of said creek; thence S. 65°31'36" 1,'. 1Q9.62 fEet along the center line of slid creek; thence S. G9°U1 ' 36" t•l. 103 .02 feet a] ong the center line of said creek; thence N. 23`24'09" 1•:. 319.C?9 feel to the pcint of beginr.in~.. ' TOGETHET: k']TH an e2senent as described in Document reco; ded Aupust 5, 198i~ in Eook 306 at Pare 4~3 8n~ Ye~o~dea i-: $c~al{ 30? at Page 86 of thi Esp.lE County records. ALSO inc]uding all water and well rights • appurtenant to the above described propert , including ~:ithout lizritatior, h1e1] Ferr~it ~o. 9[E.702, grater rights decreed in Civi] f+c:ion 1~0. 2375 in Lag]E County District Court, and sl ] that portio:, of t:ater rights decreed in C;~se No. 8(? C.W q.]0, Water I7:vision l'+o. 5. (Core No. 1 tdell - U.05 ciS) 39 ~~y~~ - Iowa o~ yai . ,~,~o~ {SOai 47Y~'107 Okla of lawn ~llemey November 15, 1990 ~1, Mr. John C. Mitchell, III Attorney at Law 36 Steels Street, Suite 100 Denver, Colorado 80206 RE: Colorado Ski Museum Lease Dear John: Enclosed for your review please find the latest draft of the Town of Yail/ Colorado Sk1 Museum lease. I believe that all the changes you requested in your letter of July 26, 1990 and in our telephone conference tail are Incorporated into the lease. I would also 11ke to set forth our understanding relating to other issues we discussed during the conference call which I did not think were appropriate for the lease. 1. Storage under the Stairs. The Town's contractor has agreed not to enclose the space under the stairs sa it can be designod for storage or whatever use is appropriate. This needs to be done in compliance with the uniform Building Code and the Uniform Fire Code. Z. Open Oiling. The present construction of the unfinished Ski Museum space ; includes fire protection for the atesl I beams and the corrugated floor/ coiling assembly. It is the Town Building Official's opinion, without the benefit of actual on-site inspection, that the ceiling can probably ba left open without further finishing. bOd Zi0 OBZ066EEOE SZ~tit 8i-Z1-0661 Mr. John C. Mitchell, III November ib, 1990 Page 2 3. H~?ndieap Parking Spaces. There will be no handicap parking spaces designated near the entrance of the Ski Museum, although them are handicap parking spaces designated within the parking structure. Restrooms. The restrooros adjacent to your space are not specifically designated for the Ski Museum, but rather are for use by the public. They will be etaintained by the Town of Vail. 5. Insurance Policies. The Ski Museum will not be covered by the Town's liability insurance policy nor will the Town protect the Ski Museum's contents with a contents policy. The responsibility for obtaining a general liability policy is yours and is so provided in the lease. Yau have the option of obtaining a contents policy if you so desire. 6. lease Commencement and Termination. In regard to the date the lease is to comm3nce and terminate, we are not in a position to know when it will be appropriate for you to move into the loasod spate. However, the Town aflrees that the term of the lease should be ten years. If you have any questions regarding the lease or this letter, please do not hesitate to call. Very truly yours, L wre A. Eskwith Town Attorney LAE/bac i SOd ZIO 08L0666C0£ 9Z~tii BI-Z1-066[ ~OFiN C. IIIITCHELL. 111, P.C. Attomor nt Lew . 36 Steele Strgot, Suite 100 Telephone (303} 322-3344 Denver, Colorado 80206 F~alrNle (303) 399-D7B0 December 18, 1990 Lawrence A. Eskwith, Esq. Town Attorney town of Ya11 73 So. Frontage Road Vail, CG 81657 Dear Larry: 18e: Colorado Ski Musea~/Yail Yillsge Transportation Center Lease I have reviewied the lease received from your office on December 12. It has also been reviewed by Bob Johnstone, President and Chairman of the Museum. The Colorado Ski Museum hereby accepts the lease with the following proviSOS: 1. The missing dates, legal description, etc., that you do not yet have need to be added to the final document. 2. The restroolns inside the demised Musewn space are for the use of the i~,seurn and its visitors and will be maintained by the Museum. The restrooms that, I believe, nre outside the Museum but ad3acent to it are public and wit] be maintained Dy the Town. 3. The standard °drop" ceiling with acoustical tite wail be insta?led by the Town as part of its finish obligation. Leaving the ceiling open, because of the amount of mechanical equipment contained therein has proved quite unsightly. 4. The Last paragraph of Section 3 of the lease needs to be modified somewhat. Me realize what the Town is tting at and Certainly commit to construct a first class Museum of which the Town can be proud upon completion of our flmd drive. However, we both know that "renderings" end i'inal construction drawings and completed work are two different things - renderings often being somewhat stylized and only representative of final work product. I would therefore like to nodify the paragraph, beginning with the second sentence (beginning with "If the Town Council"), as follows: "In the event the Town Council detenoines that the plans and ` renderings presented were violated in a substantial and Inater- 1a1 May, with the result being a museum of a much lessor qual- ity than proposed by the Lessee, the Town Council. notwith- standing eny other provision of thls lease to the Contrary, ZOd ZIO 081066660x; Ez:bi 8i-Z1-0661 J Lawrence A. Eskwith. Esq. Decembber 18, 1990 Page two may, if it so desires, terminate this lease. Howover, such determination shall be made in a reasonable manner, taking into account the Museum's mission, staff, budget. and plans to rectify any matters found undesirable. If, after being notified by the Town Council within the above review period, the Museum refuses or is unable to reasonably cure any items deemed in substantial and material violation of the floor plans end renderings within a reasonable period of time. the town Council may exercise its right to terminate. Upon such... (continue with test sentence). Tire Council must understand that we do not intend to go to the trouble of raising the funds and moving Just to produce a second quality Museun. Howevor, for example, if we are forced to move a display counter, because of unforseen construction problems, to another part of the Museum, we cannot and should not ba subjected to termination of the lease when the quality of the resulting facility is not affected. Alease let me know if this change is acceptable, and if so. the Museum w~111 sign the document when the change is madQ. Yours truly, John .Mitchell, III JCM:Jam Enclosure cc: Mr. Bob Johnstone 60d Zi0 08L066EE06 bZ=tii 8[-Z1-066i • TOWN OF VAILJCOLORAbO SKI MUSEUM _ LEASE AGREEMENT THIS LEASE made and entered Into this day of , 1990, by and between the TOWN OF VAIL, a Colorado municipal corporation, hereinafter referred to as "the Town," and the COLORAbO\SKi MUSEUM, a Colorado not-for-profit corporation, hereinafter referred to as 'Lessee."~, • WITNESSETH: WHEREAS, the Town and lessee entered into a lease on January 18, 1989 for the lease by the Town to the Lessee of Condominium Unit No. , Village Inn Plaza Phase V Condominiums according to the Condominium Declaration and Condominium Map thereof; and WHEREAS, the Town and Lessee wish to terminate said lease agreement and enter into a new lease agreement for the rental of certain space owned by the town in the Vail Village Transportation Center to the Lessee. NOW THEREFORE, 1n consideration of the covenants and agreements contained herein, the parties hereto agree as foil.ows: 1. Termination of Previous Agreement The lease made and entered into on January 18, 1989 by and between the Town and the Lessee for the lease by the Town to the Lessee of Condominium Unit , Village Inn Plaza Phase V Condominiums according to the Condominium Declaration and Condominium Map thereof is hereby terminated. 2. Lease of Premises The Town hereby leases to Lessee and Lessee hereby leases from the Town a premises located in the Vail Village transportation Center as more specifically described in Exhibit A attached and incorporated herein by reference. 3. Term the term of this lease shall commence 19 and shall terminate On , 19 unless sooner terminated pursuant to the terms of this lease. The Town shall have the right at any time during the lease term to require Lessee to move from the premises to another reasonably similar premises owned by the Town upon the giving of ninety(90) days written notice to the Lessee. Should the Town require Lessee to move to a different premises as set forth herein, the Town shall be responsible for the payment of all the reasonable expenses relating to the Lessee's thange of premises. Upon the expiration of the lease term, if the Lessee has faithfully complied with the terms and conditions of the lease and is not in default of any of the terms thereof, the 90d ZIO 081066E£OE ZZ~tii BI-ZI-066 ' Town and the Lessee shall enter into goad faith negotiations for a new lease. Nothing contained in this paragraph shall be deemed to obligate the Town to enter into anew lease with the Lessee. Within a thirty (30) day period following the second year after the commencement of this lease, the Town may, if it desires, review this lease to determine whether or not Lessee has constructed the Ski Museum in substantial compliance with the floor plan and renderings prepared by Ideation and which were presented to the Town Council at their meeting dated 1f the Town CouhCil determines in its sole discretion that the Lessee has failed to construct the Ski Museum in accordance with the aforementioned plans and renderings, notwithstanding any other provision of this lease to the contrary, may, if it so desires, terminate this base. Upon such tQrmination by the Town Council, the Lessee shall have not more than sixty (60) days to vacate the lease premises in . accordance with pertinent paragraphs of this lease. A. Rent Lessee shall pay no rent to the Town for the initial two (2) years of the lease term. Commencing with the first day of the third year of the lease term, Lessee shall be obligated to charge an admission fee to the general public of not less than one dollar (=1.00) per adult person for admission to the Ski Museum and shall be further obligated to continue such admission fee throughout the full term of this lease agreement. Notwithstanding the foregoing, members of the Colorado Ski Museum will only have to pay one (1) admission fee for each year during the term of this Agreement. Commencing with the first day of the third year of this lease agreement and continuing through the last day of the fourth year of this lease agreement, Lessee shall pay to the Town as rent the sum total of all of said admissions fees up to a maximum amount of three thousand five hundred dollars (63,500.00) per annum. Said rent shs11 be payable to the Town on or before ter (10) days from the last day of the third and fourth lease year. Commencing with the fifth year of the lease term and continuing throughout the remainder of the lease term, Lessee obeli pay to the Town as rent the sum total of all of said admission fees up to a maximum amount of seven thousand five hundred dollars 07,500.00) per annum payable on or before ten (10) days from the last day of each lease year. 5. leased premises Lessee shall use and occupy ttre premises solely as a aki museum presenting exhibits and films relating to the history of skiing for view by the general public -2- LOd ZIO 08L066EEOE 8z~bt 8I-Zi-06E ' ~ for related fund raising and cortanunity activities, and fvr no other purpose. Lessee shall not use or permit the prsmises to be used for any purposes prohibited by any federal, state, county, or municipal law, lessee shall use the premises in a careful, safe and proper manner. 8. Construction Improvements The Town shall make the following improvements to the prsmises: a. Adequate heating and ventilating fvr the prsmises. b. Basic lighting for the premises and any specialty lighting that may be necessary. c. Carpeting and paint in colors mutually agreed upon by the Town and Lessee. d. Stubbed in plumbing for sinks. e. Finish drywall. f. Construct room partitions. 7. LeSSee shall pay to the Town all taxes, excises, license fees and permit fees of whatever nature, applicable to its operation in the premises and to take out and keep current all licenses, municipal, state or federal required for the conduct of its business hereunder. 8. Utilities lessee Shall pay all charges for gas. electricity, light, heat, pgwer and telephone or other communications services used, rendered, or supplied upon or in connection with the premises and shg11 indemnify the Town against any liability or damages on account of such charges. 9. Acceptance of Premises Lessee shall, by taking possession of the premises, be deemed to have accepted the premises and to have acknowledged that the premises were in good order, condition and repair when possession was taken. 10. Town's Access to Premises The Town and its agents shall have the right to enter the premises at all f reasonable times to examine them, to show the premises to prospective purchasers, mortgagees. lessors or lessees, and to make end perform such cleaning, maintenance, repairs, alterations, Improvements or additions as the Town may be required to perform under this lease or as the Town may deem necessary dr dRSirable for the safety, improvement or preservation of the premises. If Lessee shall not be personally present tv permit an entry Into the premises, at any time when for any reason an entry therein shall be necessary or permissible, the town or the Town's -3- 804 Zi0 08L066EE06 6zsbi $t-ZI-066 ' agents may enter the premises by use of a master key, or may forceably enter the premises, without rendering the Town or .its agents liable therefor. 11. Alterations by Lessee lessee shall make no permanent alterations, additions or improvements in yr to the premises without the Town's prior written consent. All such work shall be performed in a good and workmanlike manner. Ail permanent alterations, additions or improvements upon the premises, including all panelling, partitions and Lhe like, shall, unless otherwise agreed at the time the Town's consent is obtained or unless the Town requests removal thereof as provided in this agreement, become the property of the Town, and shall remain upon, and bd surrendered with the premises, as a part thereof at the end term of this lease. 12. Maintenance and Repairs Lessee shall take good care of the premises and the fixtures and improvements therein, including, without limitation, any storefront, doors, plate glass, windows, heating and air conditioning system, plumbing, pipes, electrical wiring and conduits, and at its sole cost and expense, perform maintenance and make repairs, restorations or replacements as and when needed to preserve them in good working order and first class condition. 13. Mechanics Liens a. Lessee shall pay or cause to be paid all costs for work done by it or cause to be done by it in or to the premises and Lessee shall keep the premises free and clear of all mechanics liens and other liens or claims of any kind on account of work done for Lessee or persons claiming under it. Should any liens be filed or recorded against the premises yr any action affecting the title thereto be commenced, Lessee shall give Landlord written notice thereof. Lessee shall thereafter cause such liens tv be removed of record within rive (5) days after the filing of the liens. If Lessee shall desire tv contest any claim of lien, it shall furnish the Town with security satisfactory to the Town of at least one hundred percent (100) of the amount of the claim, plus estimated costs and interest, If a ` final judgment establishing the validity or existence of alien for any amount is entered, Lessee shall pay and satisfy the same at once. b. At least thirty (30) days prior to the commencement of any work tv the premises, by or for Lessee, or anyone claiming under LQSSQQ, Lessee shall notify the Town of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. During and prior to any such work oh the -4- premises, the Town and its agents shall have the right to go upon and inspect the premises at all reasonable times. 14. Casualty and Obsolescence a. If the premises shall be damaged by fire or any other cause and the Taws shall elect to repair the damage, this lease shall continue in full force and affect and, if such damage shall render all or part of the premises untenable, the minimum rent due hereunder shall be proportionally abated (based on the proportion of the premises rendered untenable) from the date of such damage until such time as the premises have been made tenable. However, there shall be no abatement of rent if the fire ar other cause of the damage shall be caused by the negligence or misconduct of the Lessee, its agents, servants or employees, or by any other persons entering upon the premises or the building by the expressed or implied Invitation of the Lessee. b. If the premises are damaged by fire or other cause and the Town shall elect not to repair such damage, then this lease shall automatically terminate upon and effective as of the giving of notice by the Town of such election. Thereupon within thirty (30) days of the receipt of such notice, Lessee shall surrender to the Town the premises and all interest under this lease and the Town may reenter and take possession of the premises and remove Lessee therefrom. lessee shall pay rent duly apportiared as of the date of such termination of this lease, and the Town and the Lessee shall be free and discharged from all obligations arising hereunder after the date of such termination, c. The Town shall notify Lessee of the decision of the Town to repair any damage to the premises promptly after making such decision. If the Town olects to repair, reconstruct or rQStore the premises or the building after any such damage, the Town shall promptly commence and with due diligence compete the repair, reconstruction and restoration of the premises so far as practical to the condition in which the premises or the building were immediately prior to such damage. In no event shall the Town be required to make any repairs or replacements to or of any of lessee's lease ho]d improvements, fixtures, equipment, furniture, furnishings and personal property. Should the Town insure the personal property, furnishings, and equipment located within the premises, any proceeds received by the Town for damage to said personal property shall become the property of the Lessee. 15. Assignment and Subletting Lessee Sha11 not assign, convey, mortgage, hypothocate or •ncumbvr this lease or any interest herein or sublet all or any part of the premises (any and ail -5- otd ato oezosseeos as:trt et-at-os~ of which hereinafter shall be referred to as a "transfer") without the prior written consent of the Town in each instance. Any attempt to transfer without the Town'a prior written consent shall be void and shall Confer no rtgl~Ls upon any third person. >dlthout limiting the generality of the foregoing, if Lessee is not a natural person, arty merger, dissolution, consolidation or other organization of Lessee, or any sale, transfer, pledge or other disposition of corporate stock or voting securities of Lessee or other ownership interests if Lasses is not a corporation which~rasults in a change in the voting control of Lessee for which involves ten percent (10X) or more of the voting securities of Lessee or other ownership interests if lessee is not a corporation. all on an accumulative basis, shall be deemed a transfer sub3ect to the provisions of this section. Any transfer, assignment or sale by operation of law and any involuntary assignment of this lease or any interest of lessee hereunder or any interest of Lessee in the Dremises shall be deemed a transfer subject to the provisions of this section. 16. Insurance LesseB covenants and agrees that it will, during the term hereof, carry a comprehensive general liability insurance policy, including automobile liability and products liability, with limits of not less than flue hundred thousand dollars ($500,000.00) for bodily in3ury or death of any person or persenS or damage to property, naming the Town as an additional insured. Lessee shall furnish the Town a certificate of insurance. Ail such policies shall contain a provision that the same may not be cancelled or materially changed or altered without first giving thirty {30) days prior written notice to the Town. lessee shall not do anything about thQ premises that is hazardous or that in any way wit] violate, suspend, void, ar increase any policies of insurance carried by the Town upon the premises. Lessee shall not at any time carry any stock of goods or do or suffer or permit anything to be done in or about the premises that is hazardous or that in any manner wi71 violate, suspend, void, make inoperative or tend tv increase the ratQ of any policies of insurance of any kind at any time carried by the Town upon the ; premises. 17. Injury to Person or Property a. Lessee covenants and agrees that the Town, its agents, servants and employees shall not at any time or to any extent whatsoever be liable, responsible or in any way accountable For any loss, in3ury, death or damage to persons or property or otherwise which at any time may arise in connection with the pramicas or be suffered or sustained by Lessee, its agents, servants or employees. or by any -6- tid Zt0 OBL066EEOE EE~bt Eli-ZI-06E other person rightfully on the premises for any purpose whatsoever, whether such less, injury, death or damage shall be caused by or 1n any way result from or arise out of any act, omission or negligence of Lessee, its agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the premises, or shall result from or be Caused by any interference with or obstruction of deliveries to the premises by any person or by the loss or destruction by any person of furniture, inventory, valuables, files or any other property kept or stored on or about the premises or by any other matter or thing unloss resulting solely from the gross negligence or willful misconduct of the Town, its agents, servants or employees. Lessee shall forever indemnify, defend, hold and save the Towr free and harmless of, from and against any and all demands, claims, causes of action, liabilities, losses, damages or judgments on account of any of the foregoing provided that this indemnity shall not extend to damages resulting solely from the gross negligence or willful misconduct of the Town, its agents, servants or employees. The foregoing obligation to indemnify shall include indemnification to the Town for all costs, expenses and liabilities (including, but not limited to, attorneys fees) incurred by the Town in investigating and defending any of the matters covered hereby. Lessee hereby waives all claims against the Town, its agents, servants and employees for damages to furnishings, fixtures, Lessee's improvements and betterments, goods, wares, merchandise or other property, in or upon or about the premises, and for in3uries to or death of persons in or about the premises, and for loss of income or goodwill in connection therewith arising from any cause at any time other than damages resulting solely from the gross negligence or willful misconduct of the Town, its agents, servants or employees. b. The Town, Its agents, Servants and employees shall not be liable for 1n~ury, death or damage which may be sustained by the improvements, betterments, persons, goods, wares, merchandise or property of lessee, its agents, servants, employees, invitees or customers or any other person in or about the premises caused by or resulting from fire, explosion, falling plaster, steam, electricity, gas, water, rain or snow, leak or flow of water, rain, or snow from or into part of the building or from the roof, street, subsurface.or from any other place or by dampness of from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the building or the premises, or whether such damage or injury results from conditions arising upon the premises or upon other portions of the building or from other sources. The Town shall not be liable for any damage arising from any act or IOd Ei0 08L066ESOE 9E~bi 8i-Zt-06E I neglect of any other lessee or occupant of the Yail Village TransporteLion Center or from any owner or occupant of :ny residential or commercial unit in the building. C. If the Town shall at any time determine the building is obsolete and shall adopt a plan to reconstruct and renovate the buildlny, the Town shah have the option to terminate this lease by giving written notice of termination to the Lessee wlthin thirty (30) days after the giving of notice. If the Lessee shall not so terminate this lease, this lease shall continue in full force and effect and, if any reconstruction and ranovatlon of the building shall render all or a pert of the premises untenable, the minimum rent due hereunder shall be proportionally abated during the period in which all are a part of the premises is untenable as certified by the Town. Any such abatement of minimum rent shall be in the amount equal to the proportion thereof the gross leasable area of the premises rendered untenable there to the premises gross leasable area (as the same may change over the time as the reconstruction and renovation proceeds). If Landlord elects to terminate this lease, this lease shall terminate as of the date any reconstruction or renovation in the premises shall commence or the date on which the sale of the building shall be closed, as the Case may be. Thereupon, Lessee shall surrender to the Town the premises and all interest therein under this lease and the Town may reentor and take possession of the premises and remove Lessee therefrom. Lessee shall pay rent, duly apportioned as of the date of such termination of this lease, and the Town and lessee shall be free and discharged from all obligations arising hereunder after the date of such termination. 18. End of term Upon the expiration or other termination of the term of this lease, Lesscc shall promptly quit and surrender to the Town the premises, broom cleaned, in good order and first class condition, ordinary wQar excepted. If Lessee is not then in default hereunder, LQSSee may remove from the premises any trade fixtures, equipment. and movable furniture and exhibits stored therein by Lessee, whether or not such trade fixtures or equipment are fastened'to the building, provided however, : that under no circumstances shall any trade fixture or equipment be removed without the Town's written consent if such fixture or equipment is used in the operation of the building or improvements or the removal of such Fixture or equipment will result in impairing the structural strength of the building or improvements. Whether or not Lessee is in default hereunder, Lessee shall remove such alterations, additions, improvements, trade fixtures, equipment and furniture as the Town shall rQquire. lessee shall fully repair any damage occasioned by the removal of any trade -8- ZOd EIO OSZ066EEOE BE~bi Bt-Zt-061 1 fixtures, equipment, furniture, alterations, additions and improvements. All trade fixtures, equipmont, furniture, inventory, •ffocts, alterations, additions and improvements not so removed shall Conclusively be deemed tv have been abz~~ioned and may be appropriated, sold, stored, destroyed, or otherwise dispu~ed of by the Town without notice to the Lessee or any other person and without. obligation to account therefor; and Lessee shall pay the Town for all expenses incurred in connection with such property, including, but not limited to, the cost of repairing any damage to the building or premises caused by removal of such property. Lessee's obligation to observe and perform this covenant shall survive the expiration or other termination of this lease. 19. Holdover If Lessee or any assignee, subtenant or other transferee of or from Lessee shall remain or continue to be in possession of the premises or any part thereof after the end of the term of this lease, at the Town's option, Lessen shall be deemed tv be Illegally retaining possession or shall be deemed to be a month-to-month tenant of the premises on all the terms and conditions of this lease except that the monthly rent shall be 1n an amount equal to three hundred percent (300X) of the monthly rent payable immediately prior to the end of the term. in the vent of any unauthorized holdingover, Lessee shall indemnify the Town against all claims for damages by any person to whom the Town may have leased all or any part of the premises effective after the termination of this lease. Nothing herein contained shall be construed to limit the Town`s right to obtain possession of the premises upon termination of this lease by unlawful detainer proceedings or otherwise in the event that the Town does not exercise its option to treat the continued possession by the Lessee as a month-to-month tenancy. 20. Default The occurrence or existence of any one or more of the following events or circumstances shall constitute a default hereunder by Lessee. a. Lessee shall fail to pay when due any installment of rent, additional rent or any other sum payable by Lessee under the terms of this lease; b. Lessee shall neglect or fail to perform or observe any of the covenants herein contained on Lessee's part to be performed or observed and Lessee shall fail to remedy such default within ten (10) days aftor the Town shall havQ given to Lessee written notice specifying such neglect or failure (or within such period, 1f any, as may be reasonably required to cure such default if it of such nature that it cannot be cured within such ten day period, provided that Lessee -9- E;Od £i0 08L066EEOE 6E;~bi Eli-ZI-06E commences to remedy such default within such ten day period and proceeds with reasonable diligence thereafter to cure such default}; c. This tease or the premises ar any part thereof shall be taken upon execution or by other processes of law direttAd against lessee or shall be taken upon or subject to any attachment at the instance of any creditor of or claimant against Lessee. and such attachment shall not be discharged or disposed of within fifteen (iS) days after. the levy thereof; d. Lessee shall vacate ar abandon the premises (which shall be defined to include, but not be limited to, any absence by Lessee from the premises for five (5) or more days while otherwise in default under this tease) or lock them so as to prevent entry therein of the Town or its representatives as permitted by the terms of this lease; e. Lessee shall remove or attempt to remove any goods or property from the premises other than in the usual course of business; f. Lessee or any guarantor of Lessee`s obligations hereunder shall: i. Admit in writing its inability to pay its debts generally as they become due, ii. Make an assignment of all or a substantial part of its property for the benefit of creditors, iii. Apply for or consent to or acquiesce in the appointment of a receiver, trustee or liquidator of Lessee or such guarantor or of all ar a substantial part of Lessee's or such guarantor`s property or of the premises or of Lessee's interest in this lease, or iv. File a voluntary pst~ition in bankruptcy or a petition or an answer seeking reorganization under any bankruptcy or insolvency law or any arrangement with creditors, or take advantage of any insolvency law or filt an answer admitting the material allegatiana of a petition filed against Lessee ar such guarantor in any bankruptcy, reorganization ar insolvency proceedings; or g. The entry of a court order, 3udgment or decree witheut the application, approval or consent ofi Lessee or any guarantor of Lessee's obligations ` hereunder, as the case may be, approving a petition seeking reorganization of Lessee or such guarantor under any bankruptcy or Insolvency ar appointing a receiver, trustee or liquidator of Lessee or such suarantor or of all or a substantial part of Lessee's or such guarantor's property or of the premises or of Lessee's interest in this lease, ar ad~udiCating Lessee or such guarantor a bankrupt ar insolvent, and -IB- aod Eio 08L066EEOE Ob:bl 8I-ZI-06E such order, 3udgment or decree shall not be vacated, sat aside ar staid within thirty (30) days from the date of entry. 21. Remedies If lessee shall default under this lease ns set forth in the procedinp section, the Taws shall have the following rights and remedies, in addition to all other remedies at law Or equity, and none of the following, whether or not exercised by the Town, shall preclude the exercise of any other right or remedy whether set forth in this agreement or existing at iaw or equity; a. the Town shall have the right to terminate this ivase by giving I.QSSee notice in writing at any time. No act by or on behalf of the Town, suc(i as entry of the premises by the Town tv perform maintenance and repairs and efforts to relRt the premises, other than giving Lessee written notice of termination, shall terminate this lease. If the Town gives such notice, this lease and the term hereof as well as the right, title and interest of Lessee under this lease shall wholly cease and expire in the same manner and with the same force and effect (except as to Lessee's liability on the date specified in such notice as if such date were the expiration date of the term of this lease without the necessity of reentry or any other act on the Town's part. Upon any termination of this lease, Lessee shall quit and surrender to the Town the premises as set forth in Section 18. if this lease is terminated, Lessee shall remain liable to the Town for all rant and sums accrued and unpaid hereunder to the date of termination of this lease and the Town shall be entitled to recover from Lessee the worth at the time of the award at the amount by which the unpaid rent and other sums for the balance of the term exceeds the amount of such loss for the same period that Lessee proves could have been reasonably avoided. b. The Town may without demand or notice reenter and tako possession Of the premises or any part thereof and repossess the same as of the town's former estate and expel the Bosses and those claiming through or under, and ramous the effects of any and all such persons (forcibly, if necessary) without being deemed Quilty of any manner of trespass, without pre3udice to any remedios for arrears of rent or preceding breach of covenants and will~vut terminating this lasso or otherwise relieving Lessee of any obligation hereunder. Should the Town e1QCt to reenter as provided in this Section 26(b), or should the Town Lake possession pursuan~ ~0 18~fl~ ~~O~o~~f QI put ~~QI10 U~ ~~tice provided for by iaw, the Toni may from ~1m~ ~Q ~i~, without terminating this lease, retet the premises or any part thereof for such term or terms and at such rental or rentals and upon such rli~ Sn~ ~'IC 08066££0£ ib:bl 8I-Zi-06f other conditions as the Town may in its absolute discreLivn deem advisable, with the right to make alterations and repairs to the premises. Noy such reentry, repossession or reletting of the premises by the Town shall be construed as an election on the Town's part to terminate this lease unless a written notice of termination is given to the Lessee by the Town. No such reentry, repossession or~ reletting of the premises shall relieve the Lessee of its liability and obligation under this lease, all of which shall survive such reentry, repossession or reletting. Upon the occurrence of such reentry or repossession, the Town shall be entitled to the amount of the monthly rent, and any other sums, which would be payable hereunder if such reentry or repossession had not occurred, lass the net proceeds, if any, of any reletting of the premises after deducting all of the Town's expenses in connection with such reletting, including but without limitation, all repossession costs, brokerage commissions, 1ega~1 oxpenses, attorneys fees, preparation for such reletting. Lessee shall pay such amount to the Town on the days on which the rent or any other sum is due hereunder would have been payable hereunder if possession had not been retaken. In no event shall Lessee be entitled to receive the excess, if any, of net rent collected by the Tawn as a result of such reletting over the sums payable by the Lessee to the Town hereunder. c. If the Lessee shall default in making any payment required to be made by Lessee (other than payments of rent) or shall default in performing any other obligations of lessee under this lease, the Town may, but shall not be obligated to, make such payment on behalf of the Lessee or expend such sum of money as may be necessary to perform such obligation. A71 sums so expended by the Town with interest thereon at the rate provided in Section 21f shall be repaid by the Lessee to the Town on demand. No such payment or expenditure by the Town shall be deemed a waiver of Lessee's default nor shall it affect any other remedy of Lessee by reason of such default. d. If the Lessee shall default in making payment of any rent or other sum due under this lease. Landlord may charge and the Lessee shall pay upon demand interest thereon at the rate provided in Section 21f. e. In any action of unlawful detainer commenced by the Town against the Lessee by reason of any default hereunder, the reasonable rental value of the premises for the period of the unlawful detainer shall be deemed to be the greater of the amount of rent, additional rent and other sums reserved in this lease for such period or the actual rent, additional rent and other sums paid for the -12' tOd trt0 OBZ066EEOE trtr~trt 8t-Zt-06 comparable period of the preceding year unless the Town and the Lessee shall prove to the contrary by competent evidence. f. Whenever Lessee shall be required to make payment to the Town of any sum with interest, interest on such sum shall be computed from the date such sum is due until paid, at an interact rate equal to thQ discount rate of the Fedoral Reserve Bank of New York (as the same may change over time) plus four percent (4X) per annum, except in the case of past due rent. If rent is nv~ received by the Landlord on or before the first of the month, the sum of ten dollars (10.00) per day shall be charged to the Lessee as additional rant. 22. Signs Lessee shall not install, place, inscribe, paint or otherwise attach and shall not permit any sign, advertisement, notice, marquis or awning on any part of the outside of the premises (including any portion of the premises Fronting on any interior corridor or lobby) or on any part of the inside of the premises which is visible from outside the premises or on eny part of the building {including the outside walls and the roof) without the prior written consent of the Town in each instance. Any permitted signs shall comply with the requirements of the Town of Yail and the Lessee shall be solely responsible for such compliance. Lessee shall, at its own expense, maintain in first class condition all permitted signs and shall, an the expiration or termination of this lease and at its own expense, remove all such permitted signs and repair any damage caused by such removal. The Town shall have the right to remove all non-permitted signs without notice to lessee and at ~t~r expense of the Lessee. Lessee's obligation under this Section 23 shall survive the expiration or termination of this lease. 23. Indemnity Lessee shall indemnify and hold the Town and the premises free, clear and harmless from any and all demands, claims, causes of action, damages, liabilities, losses, expenses (including, without limitation, attorneys fees) of any kind whatsoever, in connection with, arising out of or by reason of any breech, violation or nonperformance by Lessee or its agents, servants, employeos or invitees, or any covenant or provision of this lease or any law, ordinance, rule, regulation or order. 24. No Implied Waiver The failure of the Town to seek redress for violation oT or to insist upon the strict performance of, any covenant or condition of this lease shall not prevent a subsequent act, which would have originally constituted a violation, from having -13- ZOd bI0 08L066EE06 Str~bi Bi-Zi-066 • all the force and effect of an original violation. If it should be necessary or proper for the Town to bring any action under this lease or to place this lease with any attorney for the enforcement of any of the Town's rights hereunder, then Lessee agrees to pay the Town's reasonable attorney s teas ana all expenses and court costs. The receipt by the Town of any rent with khowledge of the breech of any covenant of this lease shall not be deemed a waiver of such breech. No provision of this lease shall be deemed to have been waived by the Town unless such waiver is in writing signed by the Town. No act or thing done by the Town or the Town's agents during the term of this lease shall deemed an acceptance or a surrender of the promises and no agreement to accept such surrender shall be valid unless 1n writing signed by the Town. No payment by Lessee, or receipt by the Town of a lesser amount than the rent due hereunder shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed in accordance satisfaction, and the Town may accept such check or payment without prejudice to the Town's right to recover the balance of such rent or pursue any other remedy available to the Town. 25. No Representations by the Town; Entire Agreement The Town and the Town's agents have made no representations, warranties, agreements or promises with respect to the premises, the center or the building except such as are expressed herein. The Town nor its agents have made no representations, warranties, agreements or promises with respect to the exact size of the premises. The entire contract of the parties is contained and there are no promises, agreements, representations, warranties, conditions or understandings, either oral or written between them other than as are set forth in this agreement. Z6. No Partnership Notwithstanding anything contained in this agreement to the contrary, the Town is not and shall not in any way or for any purposes become principal or partner of Lessee in the conduct of its business, or otherwise, or a 3oint venturer or member of a point enterprise with the Lessee. 27. Miscellaneous a. If any provision of this lease shall prove to be illegal, invalid or unenforceable, the remainder of this lease shall not be affected thereby. b. Except as provided herein, no amendment, alteration, modification or addition to this lease shall be valid or binding unless in writing and signed by the party or parties to be bound thereby. -ia- EOd trI0 OSL066EEOE 9tr:tri 8i-ZI-06E J • c. The caption of each section is added as a matter of convenience only, and to be considered of no effect in the construction of any provisions of this lease. d. The covenants, conditions and agreements contained 1n this lease shall bind and inure to the beneff6 of Fie Town, 6he Lessee, the respective halts, distributives, executors, administrators, successors, and subject to the terms of this agreement, their assigns. e. This lease shall be governed and interpreted in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the Town and the Lessee have executed this lease as of the date first set forth above. TOWN 0~ VAIL, a Colorado municipa] COLORADO SKI MUSEUM, a Colorado corporation not-far-profit corporation 8y: gy~ Rondall V. Ph111tps, Town Manager Robert C. Johnstone, President -15- tOd SIO OBL066EEOE 6tr~tri 8i-Zt-066