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HomeMy WebLinkAbout1991-04-16 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, APRIL 16, 1991 7:30 P.M. AGENDA 1. Ten Year Employment Anniversary Award to Todd Scholl. 2. CITIZEN PARTICIPATION 3. Debbie Comerford Request to Address the Council - School Board Candidate. 4. Consent Agenda A. Ordinance No. 7, Series of 1991, second reading, an ordinance amending Section 9.34.030 of the Municipal Code of the Town of Vail to provide that it shall be unlawful for any person under the age of twenty-one years to have in his possession any fermented malt beverage, and amending Section 9.,34.040 of the Municipal Code of the Town of Vail to make it unlawful for any person to sell any fermented malt beverages to any person under the age of twenty-one years; and setting forth details in regard thereto. B. Ordinance No. 8, Series of 1991. second reading, an ordinance amending Chapter 12 of the Municipal Code f_or the Town of Vail to provide for changes and additional conditions relating to street openings, excavations, and pavement cuts; and setting forth details in regard thereto. 5. Ordinance No. 9, Series of 1991, first reading, an ordinance repealing Chapter 18.71, additional Gross Residential Floor Area of the Town of Vail Municipal Code, and setting forth details in regard thereto. 6. Ordinance No. 10, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 13, Series of 1990, also known as the Dauphanais-Mosely Subdivision to provide changes to Special Development District No. 22, that certain lot size and corresponding GRFA, employee dwelling units and architectural guidelines, and setting forth details in regard thereto. 7. Ordinance No. 11, Series of 1991, first reading, an ordinance rezoning three tracts from hillside residential zoning, Section 18.09 to greenbelt and natural open space zoning, Section 18.38 within a parcel, commonly referred to as Spraddle Creek, an approximately 40 square parcel located north and east of the main Vail interchange and east of the Spraddle Creek livery. 8. Ordinance No. 12, Series of 1991, first reading, an ordinance directing the Town Manager to quit claim interest in a former strip of right-of-way. Applicants: Town of Vail and Manor Vail. 9. Resolution No. 10, Series of 1991, a resolution increasing fees for certain Community Development services. 10. Neuswanger Appeal of PEC decision. 11. Adjournment. VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, APRIL 16, 1991 7:30 P.M. AGENDA 7:30 p.m.l. Ten Year Employment Anniversary Award to Todd Scholl. 7:35 p.m. 2. CITIZEN PARTICIPATION 7:40 p.m. 3. Debbie Comerford Request to Address the Council - School Board Candidate. 7:50 p.m. 4. Consent Agenda A. Ordinance No. 7, Series of 1991, second reading, an ordinance amending Section 9.34.030 of the Municipal Code of the Town of Vail to provide that it shall be unlawful for any person under the age of twenty- one years to have in his, possession any fermented malt beverage, and amending Section 9.,34.040 of the Municipal Code of the Town of Vail to make it unlawful for any person to sell any fermented malt beverages to any person under the age of twenty-one years; and setting forth details in regard thereto. B. Ordinance No. 8, Series of 1991. second reading, an ordinance amending Chapter 12 of the Municipal Code for the Town of Vail to provide for changes and additional conditions relating to street openings, excavations, and pavement cuts; and setting forth details in regard thereto. 8:00 5. Ordinance No. 9, Series of 1991, first reading, an ordinance repealing Chapter 18.71, additional Gross Residential Floor Area of the Town of Vail Municipal Code, and setting forth details in regard thereto. Action Requested of Council: Approve or deny the proposed ordinance. Backaround rationale: The staff and Zoning Code Task Force presented a recommendation to repeal the 250 ordinance at the April 8 PEC meeting. The PEC voted 4- 1 to deny the ordinance to repeal the 250 ordinance with a recommendation to the Council that the 250 ordinance be retained in a modified form. Staff Recommendation: Approve Ordinance No. 9 as presented. 8:45 p.m. 6. Ordinance No. 10, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 13, Series of 1990, also known as the Dauphanais-Mosely Subdivision to provide changes to Special Development District No. 22, that certain lot size . and corresponding GRFA, employee dwelling units and architectural guidelines, and setting forth details in regard thereto. -2- Action Requested of Council: Approve/Deny request. Background Rationale: The applicant is requesting a number of changes to the approved SDD. These requests include changes to GRFA and site coverage in addition to changes to the architectural guidelines (See memos for details.) Staff Recommendation: Please see attached for staff and PEC recommendations. Staff recommends approval of the requested amendments to the ordinance. PEC voted 5-1 to approve the request with conditions. 9:45 p.m. 7. Ordinance No. 11, Series of 1991, first reading, an ordinance rezoning three tracts from hillside , residential zoning, Section 18.09 to greenbelt and natural open space zoning, Section 18.38 within a parcel, commonly referred to as Spraddle Creek, an approximately 40 square parcel located north and east of the`main Vail interchange and east of the Spraddle Creek livery. Action Requested of Council: Approve/deny ordinance. Backaround Rationale: This rezoning is an implementation of the final PEC subdivision approval. The PEC voted unanimously to recommend approval of the rezoning to the Council. Staff Recommendation: To approve rezoning. 9:55 p.m. 8. Ordinance No. 12, Series of 1991, first reading, an ordinance directing the Town Manager to quit claim interest in a former strip of right-of-way. Applicants: Town of Vail and Manor Vail. Action Request of Council: Approve/deny the first reading of Ordinance No. 11. Backaround Rationale: In 1977, the Town conveyed a section of right-of-way to Manor Vail. The land conveyed was a 50-foot wide strip extending from Vail Valley Drive, east past the front entrance of Manor Vail, to the pedestrian bridge leading to Ford Park. When the Town originally conveyed the land, it conditioned the deed with six restrictions, including the requirement that Manor Vail dedicate a pedestrian easement through this area to the Town. However, a clause in the deed limits the restrictions to 20 years. In other words, after 1997, the Town would not have a pedestrian easement to Ford Park. The proposed ordinance would direct the Town Manager to execute a quit claim deed, releasing what interests the Town does have in the land. Prior to this action, Manor Vail will dedicate easements to the Town, and make the other permanent public. access and public utility. The 1977 deed and the 1977 resolution the Town Council passed are attached. In addition, the proposed deed and ordinance are attached for Council's review. Staff Recommendation: Approve the first reading of the attached ordinance. 10:15 pm 9. Resolution No. 10, Series of 1991, a resolution increasing fees for certain Community Development services. 10:30 pm 10. Neuswanger Appeal of PEC decision. 11:00 pm 11. Adjournment. . . . TOPIC QUESTIONS FOLLOW UP`SOHUT~PONS I 4/5/91 Paoe 1 of 2 j 8/8/89 WEST INTERMOUNTAIN ANNERATION LARRY: Proceeding w/legal requirements for Marijke Brofos will be circulating petitions when Larry (request: Lapin) annexation. gets them to her. Larry is holding off so annexation will occur closer to end of next year for tax purposes. ' I 7/17 BIKES/ROLLER BLADES AND SKATES/ KEN/LARRY: Should bicycles, roller blades, etc. be Researching appropriate ordinances for application to be SKATEBOARDS prohibited from highly pedestrianized areas in discussed in May, 1991. the Village and Lionshead, and also including ' the parking structures? 7/21 UNDERGROUNDING UTILITIES IN LARRY/GREG: Work with Holy Cross Electric to Revised estimate of casts to property owners mailed. EAST VAIL establish special improvement district(s) for Undergrounding may occur in fall of '91 or spring of 92. undergrounding utilities in East Vail. Council voted 5-1 to hire an engineer and proceed with project. 9/20 LIONS RIDGE FILING 4 LARRY: Homeowners Assn. would like Town . to buy common area for back taxes and penalties. Ron contacted Jim Fritze about tax abatement if Town takes i ownership. Tax liability only about $5,500. County Attorney says no tax abatement is possible fora property such as this. 11/27 HERITAGE CABLEVISION RON: Schedule meeting with Ron/Larry/Lynn Johnson Lynn Johnson met with Ron & Larry on 4/4. The next step is to discuss limited franchise agreement. his. 12/18 MILLRACE CONDO. ASSN. LETTER KRISTAN: Respond. Vail Ventures will respond in writing to our letter. Shelly has written a second fallow-up request, which was included in your 4/2 packet. 1/11/91 SNOW DUMP RON/GREG: Workout site acquisition with VA. final negotiations on land lease underway. Design Complete design. has begun. Zoning application submitted to PEC for 4/22 meeting,_if lease is signed at that time. ' 1/11/91 AGRICULTURE OPEN SPACE LAND KRISTAN: Locate all Agriculture open parcels. All located. There are approximately 12 pieces privately ` awned not including VA parcels. Item tabled to April, pending further research on additional parcels. 1/11/91 OLD TOWN SHOPS'/HOLY CROSS LARRY/GREG: Environmental investigation. Drilling completed. Preliminary results received for SITES Old Town Shops. 2/5/91 CHUCK ANDERSON YOUTH ROB/RON: Are we 2 or 3 years behind on this? Last year nominations were solicited twice and none RECOGNITION (request: Rose) Let's be prepared to award this spring. received. Rob will proceed. Final award to be given by 5/15. 4/5/91 TOPIC QUESTIONS FOLLOW UP SOLUTIONS Page 2 of 2 4/2 PHASE III WOODBURNING/PELLET RON/SUSAN: Proceed with investigation of wood Phase III Woodburning/Pellet Stove Amendment to be STOVES/KEVIN WOOD PROPOSAL proposal and its potential applicability to Vail. presented to staff on 4/B. PEC & Council joint (request: Gibson) work session on 4/23. 4/2 HORSEDRAWN CARRIAGE PROBLEMS KEN: A report will be submitted to Council when Present contract is up after ski season. Changes will (request: Steinberg) the investigation is completed. be made if new one is issued. 4/9 REMOVAL OF ELK SCULPTURE SHELLY/KRISTAN: In writing, communicate to John Cogswell that sculpture must be removed ABSOLUTELY by 4/21/91. 4/9 CITY OF BOULDER COURT CASE RE: LARRY: Obtain district court ruling to ascertain Copy of ruling requested. SANDING (request: ROSE) local implications. 4/9 PUBLIC UTILITIES ACQUISITION RON/STEVE BARWICK: Reasses municipal involvement/ Will do.. ownership of public utilities. Provide budget in 1992 for feasibility study. 4/9 BRAVO! COLORADO CONTRIBUTION STEVE BARWICK: Research whether final approval was Steve gone until Tuesday. for $20,000.00 or $27,500.00 i ~ J I ~ s ' ORDINANCE N0. 7 Series of 1991 AN ORDINANCE AMENDING SECTION 9.34.030 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS TO HAVE IN .HIS POSSESSION ANY FERMENTED MALT BEVERAGE, AND AMENDING SECTION 9.34.040 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY FERMENTED MALT BEVERAGES TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, State Law now prohibits persons under the age of twenty-one years from consuming malt beverages; and WHEREAS, the Town Council wishes to conform the pertinent ordinances of the Town of Vail to the State Law; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 9.34.030 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 9.34.030 Possession of Liauors by Under-age Persons It shall be unlawful for any person under the age of twenty-one years to have in his possession .or in his control in a public place or a privately-owned place opened to the use and access of the public, any malt, vinous, or spirituous liquors, or any fermented malt beverages in any container of any kind, whether open or unopened, within the town limits of the Town of Vail. 2. Section 9.34.040 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 9.34.040 Sale to Minors It shall be unlawful for any person to procure for, sell to, or give away within the town limits of the Town of Vail, any malt, vinous, or spirituous liquors, or any fermented malt beverages to any person under the age of twenty-one years. 3. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, AND APPROVED ON FIRST READING THIS DAY OF , 1991, and a public hearing shall be held on this ordinance on the day of 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado Ordered published in full this day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- ORDINANCE N0. 8 Series of 1991 AN ORDINANCE AMENDING CHAPTER 12 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE FOR CHANGES AND ADDITIONAL CONDITIONS RELATING TO STREET OPENINGS, EXCAVATIONS, AND PAVEMENT CUTS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, it is the opinion of the Town Council that the public health, safety and welfare of the inhabitants of the Town of Vail would be served by updating the street cut ordinance; and WHEREAS, the Town Council wishes to reduce damage to recently reconstructed Town of Vail streets; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 12.040.200 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 2.04.200 Safety Devices Every permitee shall provide a construction traffic control plan in accordance with the most recent Manual on Uniform Traffic Control Devices published by the State of Colorado (MUTCD) for each situation, phase or part of the work. This plan shall have the Public Works' approval before the permit is issued. Every permittee shall provide and maintain all suitable traffic control devices as prescribed on the approved Construction Traffic Control Plan for the duration of the project. Additional safety regulations may be prescribed by the Town of Uail Public Works Department. Whenever any person fails to provide or maintain in an emergency situation adequate safety devices, such devices may be installed and maintained by the Town, and the amount of the cost thereof shall be paid by the person obtaining the permit. It shall be unlawful to willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign, or notice erected, placed or posted in accordance with this section. 2. Section 12.040.240(H) of the Municipal Code of the Town of Vail is hereby amended to read as follows: 12.04.240(H) Deposits, securities, or performance bonds shall be necessary to ensure that the cost of repair or maintenance is paid by the permittee. 3. Chapter 12.04 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 12.04.245 to read as follows: An_y permittee shall warrant all work completed pursuant to this chapter for one full year from the date of the completion of the work. The Town of Vaill shall hold all deposits, securities or performance bonds deposited by the permittee as a condition of granting an.v permit during the period of the one-.year warranty. One month prior to the expiration of the one-.year warrant.v, the Town of Vail Public Works Department shall inspect the street cut. If the work is acceptable to the Town of Vail Public Works Department and to utility companies who serve the Town, the security will be returned to the permittee at the end of the one-year period, provided the street cut remains acceptable in the twelfth month, and the necessary soils compaction tests are provided, as required by Section 12.04.270. 4. Section 12.04.240 of the Municipal Code of the Town of Vail is hereby amended by Paragraph I to read as follows: 12.04.240(I) When a reasonable alternative exists as determined b.y the Public Works Director, street cut permits requiring the cutting of pavement, shall not be issued on Town streets which have been reconstructed as a part of the Town of Vail Street Improvement Program. The Town shall provide all utilities with a copy of the adopted Town of Vail Street Improvement Program and any amendments thereto on an annual basis. 5. Section 12.04.250 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 12.04.250 Paved Street Restoration-Required All pavement costs, openings and excavation shall be backfilled, surfaced and restored. Final surfacing shall be made within thirty days from the date the street cut permit is issued. Failure to complete surfacing within the thirty-day period shall deem the street cut permit null and void. The performance bond or security will also become due at this time. The Department of Public Works shall then take steps necessary to complete the unfinished work. The original permittee may also complete the work upon obtaining a new permit and performance bond. In the case of street cut permits issued after October 15th, the permittee shall completely restore the paved surface by November 15th without exception. Failure to do so will also result in the permit becoming null and void. The performance bond will become due on November 15th, and the Department of Public Works shall take the necessary steps to complete the work. Backfilling under paved streets shall be in accordnace with the specifications in Sections 12.04.260 and 12.04.340. -2- 6. Section 12.04.260 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 12.04.260 Paved Street Restoration-Material, Material shall be granular, consisting essentially of sand, gravel, rock, slag, disintegrated granite or a combination of such materials. It shall be a well-graded mixture containing sufficient soil mortar, crusher dust or other binding materials which, when placed and compacted, will result in a firm, stable foundation. Material composed of uniformly sized particles or which contains pockets of excessively fine or excessively coarse material will not be acceptable. The backfill material shall meet the following gradation: Sieve Designation Percent by Weight Passing 2 1/2 inch 100 2-inch 95-100 No. 40 30-60 No. 200 5-15 All material passing the No. 40-sieve shall have a liquid limit of not over thirty five and a plasticity index of not over six. Test for a liquid limit and plasticity index shall be in accordance with A.A.S.H.T.O. designations T-89 and T-91 . respectively. Six inches of Colorado Department of Highway's Class 6 Aggregate Base Course will be required on top of the subgrade material. The Class 6 A.B.C. shall meet the, following ,gradation: Sieve Designation Percent by Weight Passing 1-inch 100 3/4-inch 95-100 1/2-inch 20-55 3/8-inch 0-15 No. 4 0-5 7. Section 12.04.270 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 12.04.270 Paved Street Restoration-Construction Methods, A. The bottom twelve inches and the top eighteen inches of the subgrade backfill shall be the same type of backfill material specified in Section 12.04.260. The excavated material may be used for the remainder of the backfill, provided that no materials greater than six inches in diameter shall be used for backfill. The material shall be deposited in layers not exceeding twelve inches in thickness prior -3- i i i ~ ~ `7 I ' y i~ t ~ \ t i ' i i ~ ' _ f I 7 _ i i to compacting. Each layer shall be compacted with suitable mechanical tamping equipment. It shall be compacted sufficiently to obtain a field density which is at least ninety-five percent of theoretical density as determined by A.A.S.H.T. Method T-147. The Department of Public Works shall require all permittees to contact the Department of Public Works 24 hours in advance of commencement of backfill operations to allow the Department time to arrange soil compaction tests. Failure to contact the Department will result in forfeiture of the street cut bond monies. The cost of compaction tests will be paid by the Town. The costs of anv retests will be paid by the permittee. Compaction methods not authorized herein must be approved by the Department of Public Works prior to their use by the permittee. B. All longitudinal cuts that are located four feet or more into the paved area and exceeding fifteen feet in length shall be patched and the entire street overlaid with asphaltic concrete a minimum of one and one-half inches thick. This requirement shall not be applicable to cuts for the installation of structures that extend four feet or more into the paved area, unless otherwise required by the Director of Public Works. 8. Section 12.04.280 of the Vail Municipal Code is hereby amended to read as follows. Section 12.04.280 Unpaved Street Restoration-Material The bottom six inches and the top twelve inches of subarade backfill shall be the same type of backfill material specified in Section 12.04.260. Six inches of Class 6 A.B.C. as specified in Section 12.04.060 will be required on top of the subarade material. The excavated material may be used for the remainder of the backfill, provided that no materials greater than eighteen inches in diameter shall be used for backfill. 9. Section 12.04.090 of the Vail Municipal Code is amended to read as follows: Section 12.04.090 Unpaved Street Restoration-Construction Methods. The backf~~~ material shall be deposited in layers not exceeding eighteen inches in thickness prior to compacting. Each 4a. layer shall be compacted with suitable mechanical tamping equipment. It shall be compacted sufficiently to obtain a field density which is at least ninety percent of theoretical density as determined by A.A.S.H.T.O Method T-99. Field density shall be determined by A.A.S.H.T.O. Method T-147. In no event shall water jetting be allowed for compaction of backfill material. 4h_ 10. Section 12.04.300 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 12.04.300 Unpaved Nonvehicular Public Places Restoration Excavations in unpaved public places not used as vehicular ways may be backfilled with suitable material and shall be compacted in lifts not to exceed eighteen inches in depth to sufficiently obtain afield density which is at least eighty-five percent of theoretical density as determined b.y A.A.S.H.T.O. Method T-99. Field density shall be determined by A.A.S.H.T.O. Method T-147. The top six inches shall be a topsoil material meeting the following specification: Topsoil: Natural, friable, fertile soil characteristic of productive soil in the vicinity, reasonably free of stones, clay lumps, roots, and other foreign matter. All vegetated areas shall be returned to their original condition. This. includes grasses, sod, shrubs, trees, flowers and an.y irrigation system disturbed during the excavation process per Department of Public Works' Standard Landscaping. Restoration specifications. The lines and grades of the completed grading shall meet the original lines and grades prior to commencement of work. 11. Section 12.04.310 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 12.04.310 Asphaltic Concrete or Oil-and-Chip Surface Restoration The cut and restoration of asphaltic concrete or oil-and-chip surface shall be made in the following manner: A. The initial pavement cut shall be made a minimum of one foot wider than the trench on all sides of the trench, a minimum of three feet wide, and the cut in the paving shall be made with a power circular saw or other method as specifically approved in writing by Public Works. B. The asphaltic concrete or oil-and-chip surface shall be of grade E, E(x) or equivalent Hot Bituminous Pavement (HBP1. The asphalt cement shall be AC10. The minimum depth of asphalt concrete pavement placed over the six inches of Class 6 A.B.C. shall be as follows or match the depth of the existing surface surrounding the excavation, whichever is greater: Bike Paths: 3 inches Local Streets (Public/Privatel: 3 inches Collector Streets: 5 inches Arterial Streets: 6 inches -5- The minimum lift shall not be less than one and one-half inches thick and the maximum lift shall be two and one-half inches. The new surface shall meet the lines, grades, quality and appearance of the existing surface surrounding the excavation, and be sealed with a chemical as approved by Public Works. 12. Chapter 12.04 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 12.04.315 to read as follows: 12.04.315 Portland Cement Concrete Pavement, Walks, Gutter Pans and Curb Restoration The cut and restoration of Portland cement surfaces shall be made in the. following manner: A. The initial pavement cut shall be made a minimum of one foot wider than the, trench on all sides of the trench, a minimum of five feet wide, and the cut in the paving shall be made with a power circular saw or other method as specifically. approved in writing b_v Public Works. B. The minimum pavement section shall be six inches or match existing, whichever is greater, on too of the six inches of A.B.C. The concrete specifications shall meet the Colorado Department of Highways specifications for, Portland cement concrete pavements. Concrete for gutters and curb and gutter shall be reinforced with fibrous, concrete reinforcing at the rate of 1.5 lb/C.Y. Fibers shall be 100% virgin polypropylene fibrillated fibers. Add fibrous concrete reinforcement to concrete, materials at the time concrete is batched in amounts in accordance with approved, submittals for each type of concrete required. Mix batched concrete in strict. accordance with fibrous concrete manufacturer's instructions. The new surface shall. meet the lines, grades, auality and appearance of the existing surface surrounding the excavation, and be sealed with a chemical as approved by Public Works. 13. Chapter 12.04 of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 12.04.440 to read as follows: 12.04.440 Appeal Any applicant which is denied the issuance of a street cut permit, or which has a street cut permit revoked may appeal such denial or revocation by filing an appeal in writing within five days of such revocation or denial with the Town of Vail, Building Board of Appeals. The Building Board of Appeals will schedule a hearing within ten days of the receipt of the appeal, and provide notice of such hearing to the applicant. The Board of Building Appeals after hearing evidence presented by -6- the applicant and the Town may confirm, amend or modify the action of the Public Works Director of the Town. Whenever an applicant's street cut revocation or denial is being heard by the Building Board of Appeals, a representative of the utility companies servicing the Town of Vail shall be entitled to sit on the board and cast a vote. The representative of the utility companies, who shall be entitled to sit on the Building Board of Appeals when it hears the appeal of a revocation or denial of the issuance of a street cut permit, shall be chosen b.v a vote of all the utility companies serving the Town of Vail. The Town shall be notified b.y a .ioint letter signed by all the utility representatives not later than February 1st of each .year, as to who the utility company representative shall be for the current .year. An.y utility company whose street cut permit has been revoked or denied b.v the Public Works Department ma.y appeal an.y decision of the Building Board of Appeals relating to the revocation or denial of the street cut permit by filing a written appeal to the Town Council of the Town of Uail within thirty days following such decision. The Town Council shall hear the appeal in accordance with its rules and procedures. The Town Council ma.y confirm, reverse or modify the action of the Building Board of Appeals. 14. Section 12.12.010 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 12.12.010 Abutting Property Owners Required to Connect to Utilities Whenever any paving of the street is authorized or ordered by the Town Council . of the Town of Vail, its agents or employees, the Town Council may order the owners of the abutting property to connect their premises with the gas, sewer or water mains, or with any other utility in the street right-of-way. If connecting to utilities is not feasible, the Town Council may order owners to share in the cost of constructing main line improvements outside of the paved street right-of-wa.y. Upon default of any owner for twenty days after such an order to make the connections, the Town Manager may contract for and make the connections or improvements at the same distance under the regulations and in accordance with the specifications as may be prescribed. The whole cost of each connection or improvement including labor, material, equipment, necessary engineering, legal and publication expenses, shall be ascertained by the Town and the cost to each owner shall be determined according to the material used and worked on under the contract in connecting or improving such property to said utilities. The engineering, legal and publication expenses shall be charged in such proportion as each connection or improvement bears to the whole. 15. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, AND APPROVED ON FIRST READING THIS DAY OF , 1991, and a public hearing shall be held on this ordinance on the day of 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -8- ;i ,I I C 7~ 1 Ov~it~ilcrc. o?5D ®V~dl.~~(.~ v ORDINANCE N0. 9 Series 1991 AN ORDINANCE REPEALING CHAPTER 18.71, ADDITIONAL GROSS RESIDENTIAL FLOOR AREA OF THE TOWN OF VAIL MUNICIPAL CODE, AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed repeal of this chapter, and has submitted its recommendation to the Town Council, and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Chapter 18.71 of the Vail Municipal code is hereby repealed. Section 2 U 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 repealed or superseded unless expressly stated herein. Section 5 J All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this Ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 2 TOWN OF NAIL/NAIL RESORT ASSOCIATION LEASE AGREEMENT THIS LEASE made and entered into this day of 1991, by and between the TOWN OF NAIL, a Colorado municipal corporation, hereinafter referred to as "the Town," and NAIL RESORT ASSOCIATION, a Colorado not-for-profit corporation, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, the Town now owns a condominium unit in the Village Inn Plaza Phase V condominiums, more particularly described as Unit No. 2, Village Inn Plaza Phase U condominiums in accordance with the Condominium Declaration and Condominium Map . thereto in the County of Eagle, State of Colorado; and WHEREAS, the Town is willing to lease space to the Lessee and the Lessee is willing to lease such space space from the Town. NOW THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows: 1. Lease of Premises The Town hereby leases to Lessee and Lessee hereby leases the Town Condominium Unit 2, Village Inn Plaza Phase V condominiums according to the Condominium Declaration and Condominium Map thereof (the "Premises"). 2. Term The term of this lease shall commence on April 1, 1991, and shall terminate on March 31, 1996, unless sooner terminated or extended pursuant to the terms of this lease. (A) Option to Extend Term The lessee shall have have the option to extend the term of this lease for two additional periods of five (5) years ("extended term") on the condition that: i) Lessee was not at any time during the initial term of this lease in default under the terms and conditions of this lease; ii) during any extended term, all of the terms, covenants, and conditions of this lease shall be and remain in full force and effect; iii) Lessee shall not have any right to further extension beyond the second additional five-year period; and iv) The annual rent for the first year of the extended term shall be the annual rent payable during the last year of the initial term multiplied by the C.P.I. adjustment (as hereinafter defined), but under no event shall the minimum rent for the first year of the extended term be less than twenty thousand dollars ($20,000). Hereinafter, the annual rent for the premises payable during the extended term shall be adjusted annually so that the annual rent payable during each lease year during the extended term shall be the annual rent payable during the lease year immediately preceding the lease year for the which the annual minimum rent is being determined (base year) multiplied by the C.P.I. adjustment (as hereinafter defined), but in no event less than the minimum rent for the base year. Lessee's option to extend shall be exercised by Lessee giving the Town written notice of its election to extend at least ninety (90) days prior to the end of the initial term of this lease for the first extended five-year term, and ninety days prior to the end of the first five-year term for second five-year term, time being of the essence with respect to the giving of such notice. Upon the giving of such notice by the Lessee of its election to extend this lease, the term of this lease shall automatically be extended for five years, and this lease shall be deemed modified in the manner set forth above, without the necessity of any further agreement or document. (B) As used in this lease "C.P.I. Adjustment" shall mean a fraction, the numerator of which is the Consumer Price Index - All Urban Consumers, U.S. City Average - All Items prepared by the Bureau of Labor Statistics of the United States Department of Labor ("C.P.I.") for the last month of the base year as previously defined in Paragraph A above and the nominator of which is the C.P.I. of the last month of the lease year immediately preceding the base year. As such time as the rent for the applicable lease year has been determined as provided above, the rent so calculated shall be effective after the first day of such lease year. The Lessee shall promptly pay to the landlord in a lump sum any additional rent due. In no event shall the C.P.I. increase the rent for any given year more than twelve percent (12%) over and above the rent of the base year. 3. Rent For the initial term Lessee shall pay to the Town the annual rent of twenty thousand dollars ($20,000) in equal monthly installments of One Thousand Six Hundred Sixty-six Dollars and Sixty-six Cents ($1666.66) in advance on the first day of each month throughout the initial term of the lease for any extended term. The rent stall be determined as set forth in Paragraph 2A and B of this lease. The rent shall be payable at the office of the Town or at such other place as the Town may designate in writing. If Lessee fails to pay the rent to the Town by the seventh day of the month, Lessee shall pay a penalty to the Town in addition to the monthly rental of One Hundred Sixty Dollars ($160.00). 4. Leased Premises Lessee shall use and occupy the premises solely as an office for a central reservations service, group room sales, and tourist related events. Lessee is expressly prohibited from making sales of airline tickets for outbound traffic to individuals who walk in off the street. Lessee shall not use or permit the premises 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. 5. Fees, Licenses, Etc. 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. - 2 - 6. Utilities Lessee shall pay all charges for gas, electricity, light, heat, power and telephone or other communications services used, rendered, or supplied upon or in connection with the premises and all condominium association assessments and shall indemnify the Town against any liability or damages on account of such charges. The Town shall provide for the delivery of utility services to Lessee. 7. 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. 8. Town's Access to Premises The Town and its agents shall have the right to enter the premises at all reasonable times to examine them, to show the premises to prospective purchasers, mortgagees, lessors or lessees, and to make and 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 or desirable for the safety, improvement or preservation of the premises. If Lessee shall not be personally present to 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 agents may enter the premises by use of a master key. In the event of an emergency, the Town may forcibly enter the premises, without rendering the Town or its agents liable therefor. 9. Alterations by Lessee Lessee shall make no permanent alterations, additions or improvements in or to the premises without the Town's prior written consent. All such work shall be performed in a good and workmanlike manner. All permanent alterations, additions or improvements upon the premises, including all panelling, partitions and the 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 be surrendered with the premises, as a part thereof at the end term of this lease. 10, 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. 11. 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 - 3 - recorded against the premises or any action affecting the title thereto be commenced, Lessee shall give Landlord written notice thereof. Lessee shall thereafter cause such liens to be removed of record within thirty (30) days after the filing of the liens. If Lessee shall desire to 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 a lien 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 to the premises subsequent to the initial remodeling, by or for Lessee, or anyone claiming under Lessee, 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 on the premises, the Town and its agents shall have the right to go upon and inspect the premises at all reasonable times. 12. Casualty and Obsolescence a. If the premises shall be damaged by fire or any other cause and the Village Inn Plaza Phase V Condominium Association and the Town shall elect to repair the damage, this lease shall continue in full force and effect 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, there shall be no abatement of rent if the fire or 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 or the Village Inn Plaza Phase U condominiums are damaged by fire or other cause (although in the latter case the premises may be unaffected) and the Association 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. During any period commencing with the date of damage and continuing until the giving of notice as set forth in this paragraph, this lease shall continue in full force and effect and the minimum rent due hereunder shall be proportionately abated (based on the portion of the Premises rendered untenable). However, there shall be no abatement of the rent if the fire or other cause of 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 consent of Lessee. 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 apportioned as of the date of such termination of this lease, and the Town and the Lessee shall be free and -4- 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 elects to repair, reconstruct or restore the premises or the building after any such damage, the Town shall promptly commence and with due diligence complete 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. The Town shall not be responsible or liable for the timely and proper performance of any repairs, reconstruction or restoration to be done by the Village Inn Plaza Phase U Condominium Association. In no event shall the Town or the Association be required to make any repairs or replacements to or of any of Lessee's lease hold 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. 13. Assignment and Subletting Lessee shall not assign, convey, mortgage, hypothecate or encumber this lease or any interest herein or sublet all'or any part of the premises (any and all 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's prior written consent shall be void and shall confer no rights upon any third person. Without limiting the generality of the foregoing, if Lessee is not a natural person, any 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 Lessee is not a corporation which results in a change in the voting control of Lessee for which involves forty percent (40%) 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 subject 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 premises shall be deemed a transfer subject to the provisions of this section. 14. Insurance 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 will violate, suspend, void, make inoperative or tend to increase the rate of any policies of insurance of any kind at any time carried by the Town upon the premises. At all times during the term of this lease, Lessee shall carry and maintain, at Lessee's expense, comprehensive general liability insurance in an amount of One Million Dollars ($1,000,000) per occurrence, which insurance shall include the following coverage: contractual insurance, personal injury insurance, premises - 5 - operations insurance, product/completed operations hazard insurance, broad form property damage insurance and independent contractors insurance. All policies of insurance shall name the Town as an additional insured. Executed copies of the policies or certificates thereof shall be delivered to the Town prior to Lessee's occupancy of the premises. All public liability and property damage policies shall contain a provision that the Town, although named as an additional insured, shall nevertheless be entitled to recover under such policies for any loss occasioned to it by reason of the negligence of the Lessee. All such policies shall provide that they may not be terminated or amended except after thirty (30) days written notice thereof to the Town. 15. 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, injury, death or damage to persons or property or otherwise which at any time may arise in connection with the premises or be suffered or sustained by Lessee, its agents, servants or employees, or by any other person rightfully on the premises for any purpose whatsoever, whether such loss, injury, death or damage shall be caused by or in 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 unless 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 Town 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 injuries 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. - 6 - b. The Town, its agents, servants and employees shall not be liable for injury, 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 neglect of any other lessee or occupant of the Village Inn Plaza Phase V or from any owner or occupant of any residential or commercial unit in the building. c. If the Village Inn Plaza Phase V Condominium Association shall at any time determine the building is obsolete and shall adopt a plan to reconstruct and renovate the building, the Town shall give the Lessee written notice thereof. Upon giving such notice, the Town shall have the option to terminate this lease by giving written notice of termination to the Lessee within thirty (30) days after the giving of notice of the Association's actions. If the Lessee shall not so terminate this lease, this lease shall continue in full force and effect and, if any reconstruction and renovation of the building shall render all or a part 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 Association or the tenants' architect. 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 reenter 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. 16. End of Term Upon the expiration or other termination of the term of this lease, Lessee shall promptly quit and surrender to the Town the premises, broom cleaned, in good order and first class condition, ordinary wear excepted. If Lessee is not then in default hereunder, Lessee may remove from the premises any trade fixtures, equipment, and movable furniture and exhibits stored therein by Lessee, whether or not such trade - 7 - 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 require. Lessee shall fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions and improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions and improvements not so removed shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed 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. 17. 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, Lessee shall be deemed to 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 in an amount equal to three hundred percent (300%) of the monthly rent payable immediately prior to the end of the term. In the event 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. 18. Subordination This lease is subject and subordinate to that certain condominium declaration for the Village Inn Plaza Phase V condominiums dated 19_ recorded in the real property records of Eagle County, Colorado in Book at Page (the declaration), to the Articles of Incorporation and Bylaws of the Condominium Association of the Village Inn Plaza Phase U condominiums and to all renewals, extensions, modifications, consolidations and replacements thereof. Lessee shall have none of the rights (including, but not limited to, voting rights) of a condominium - 8 - unit owner under the declaration or otherwise or of a member of the Association, and all such rights are and shall remain the rights of the Town. 19. 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 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 after the Town shall have given to Lessee written notice specifying such neglect or failure (or within such period, if 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 commences to remedy such default within such ten day period and proceeds with reasonable diligence thereafter to cure such default); c. This lease or the premises or any part thereof shall be taken upon execution or by other processes of law directed 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 (15) days after the levy thereof; d. Lessee shall vacate or 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 lease) or lock them so as to prevent entry therein of the Town or its representatives as permitted by the terms of this lease. Notwithstanding the foregoing, Lessee shall have the right to be absent from or to close the Premises for two (2) weeks in the autumn and three (3) weeks in the spring during the term 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 or 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 petition 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 file an answer admitting the - 9 - material allegations of a petition filed against Lessee or such guarantor in any bankruptcy, reorganization or insolvency proceedings; or g. The entry of a court order, judgment or decree without the application, approval or consent of 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 or appointing a receiver, trustee or liquidator of Lessee or such guarantor 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, or adjudicating Lessee or such guarantor a bankrupt or insolvent, and such order, judgment or decree shall not be vacated, set aside or staid within thirty (30) days from the date of entry. 20. Remedies If Lessee shall default under this lease as set forth in the preceding section, the Town shall have the following rights and remedies, in addition to all other remedies at law or equity, and none of the following, whether or not exercised by the Town, shall preclude the exercise of any other right or remedy whether set forth in this agreement or existing at law or equity: a. The Town shall have the right to terminate this lease by giving Lessee notice in writing at any time. No act by or on behalf of the Town, such as entry of the premises by the Town to perform maintenance and repairs and efforts to relet 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 16. If this lease is terminated, Lessee shall remain liable to the Town for all rent 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 take possession of the premises or any part thereof and repossess the same as of the Town's former estate and expel the Lessee and those claiming through or under, and remove the effects of any and all such persons (forcibly, if necessary) without being deemed guilty of any manner of trespass, without prejudice to any remedies for arrears of rent or preceding breach of covenants and without terminating this lease or otherwise relieving Lessee of any obligation hereunder. Should the Town elect to reenter as provided in this Section 26(b), or should the Town take possession pursuant to legal proceedings or - 10 - pursuant to any notice provided for by law, the Town may from time to time, without terminating this lease, relet the premises or any part thereof for such term or terms and, at such rental or rentals and upon such other conditions as the Town may in its absolute discretion deem advisable, with the right to make alterations and repairs to the premises. No such reentry, repossession or reletting of the premises by the Town shall be construed as an election on the Town's part to terminate this lease unless a written notice of termination is given to 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, less 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, legal expenses, 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 Town 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 otherobligations 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. All 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 20f. 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 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 may be computed from the date such sum is due until paid, at an interest rate equal to the discount rate of the Federal Reserve Bank - 11 - of New York (as the same may change over time) plus four percent (4%) per annum, except in the case of past due rent. If rent is not received by the Landlord on or before the seventh of the month, the sum of ten dollars ($10.00) per day shall be charged to the Lessee as additional rent. 21. 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 any 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 Vail 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, on 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 the expense of the Lessee. Lessee's obligation under this Section 23 shall survive the expiration or termination of this lease. 22. 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, employees or invitees, or any covenant or provision of this lease or any law, ordinance, rule, regulation or order. 23. No Implied Waiver The failure of the Town to seek redress for violation of or to insist upon the strict performance of, any covenant or condition of this lease shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. 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 fees and all expenses and court costs. The receipt by the Town of any rent with knowledge 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 premises and no agreement to accept such surrender shall be valid unless in 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, - 12 - 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. 24. No Representations b.v 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. 25. 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 joint venturer or member of a joint enterprise with the Lessee. 26. Parking During the term of this lease and any extension thereof, the Lessee shall have the right to utilize one (1) parking space in the Town of Uail Municipal Office Parking Lot. 27. NOTICES All notices required to be given to Lessee hereunder shall be given by certified or registered mail addressed to Lessee at all notices required to be given the Town shall be given by registered or certified mail to the attention of the Town Manager at 75 South Frontage Road, Vail, Colorado 81657; provided, however, the parties, or either of them, may designate in writing from time to time a substitute address for said notices. 28. 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. 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 in this lease shall bind and inure to the benefit of the Town, the Lessee, the respective heirs, distributees, executors, administrators, successors, and subject to the terms of this agreement, their assigns. - 13 - 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 OF VAIL, a Colorado municipal VAIL RESORT ASSOCIATION, a Colorado corporation not-for-profit corporation By: By: Rondall V. Phillips, town Manager Sylvia Blount, executive Director - 14 - TOWN OF NAIL/NAIL RESORT ASSOCIATION LEASE AGREEMENT THIS LEASE made and entered into this day of 1991, by and between the TOWN OF NAIL, a Colorado municipal corporation, hereinafter referred to as "the Town," and NAIL RESORT ASSOCIATION, a Colorado not-for-profit corporation, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, the Town now owns a condominium unit in the Village Inn Plaza Phase V condominiums, more particularly described as Unit No. 2, Village Inn Plaza Phase U condominiums in accordance with the Condominium Declaration and Condominium Map thereto in the County of Eagle, State of Colorado; and WHEREAS, the Town is willing to lease space to the Lessee and the Lessee is willing to lease such space space from the Town. NOW THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows: 1. Lease of Premises The Town hereby leases to Lessee and Lessee hereby leases the Town Condominium Unit 2, Village Inn Plaza Phase V condominiums according to the Condominium Declaration and Condominium Map thereof (the "Premises"). 2. Term The term of this lease shall commence on April 1, 1991, and shall terminate on March 31, 1996, unless sooner terminated or extended pursuant to the terms of this lease. (A) Option to Extend Term The lessee shall have have the option to extend the term of this lease for two additional periods of five (5) years ("extended term") on the condition that: i) Lessee was not at any time during the initial term of this lease in default under the terms and conditions of this lease; ii) during any extended term, all of the terms, covenants, and conditions of this lease shall be and remain in full force and effect; iii) Lessee shall not have any right to further extension beyond the second additional five-year period; and iv) The annual rent for the first year of the extended term shall be the annual rent payable during the last year of the initial term multiplied by the C.P.I: adjustment (as hereinafter defined), but under no event shall the minimum rent for the first year of the extended term be less than twenty thousand dollars ($20,000). Hereinafter, the annual rent for the premises payable during the extended term shall be adjusted annually so that the annual rent payable during each lease year during the extended term shall be the annual rent payable during the lease year immediately preceding the lease year for the which the annual minimum rent is being determined (base year) multiplied by the C.P.I. adjustment (as hereinafter defined), but in no event less than the minimum rent for the base year. Lessee's option to extend shall be exercised by Lessee giving the Town written notice of its election to extend at least ninety (90) days prior to the end of the initial term of this lease for the first extended five-year term, and ninety days prior to the end of the first five-year term for second five-year term, time being of the essence with respect to the giving of such notice. Upon the giving of such notice by the Lessee of its election to extend this lease, the term of this lease shall automatically be extended for five years, and this lease shall be deemed modified in the manner set forth above, without the necessity of any further agreement or document. (B) As used in this lease "C.P.I. Adjustment" shall mean a fraction, the numerator of which is the Consumer Price Index - All Urban Consumers, U.S. City Average - All Items prepared by the Bureau of Labor Statistics of the United States Department of Labor ("C.P.I.") for the last month of the base year as previously defined in Paragraph A above and the nominator of which is the C.P.I. of the last month of the lease year immediately preceding the base year. As such time as the rent for the applicable lease year has been determined as provided above, the rent so calculated shall be effective after the first day of such lease year. The Lessee shall promptly pay to the landlord in a lump sum any additional rent due. In no event shall the C.P.I. increase the rent for any given year more than twelve percent (12%) over and above the rent of the base year. 3. Rent For the initial term Lessee shall pay to the Town the annual rent of twenty thousand dollars ($20,000) in equal monthly installments of One Thousand Six Hundred Sixty-six Dollars and Sixty-six Cents ($1666.66) in advance on the first day of each month throughout the initial term of the lease for any extended term. The rent stall be determined as set forth in Paragraph 2A and B of this lease. The rent shall be payable at the office of the Town or at such other place as the Town may designate in writing. If Lessee fails to pay the rent to the Town by the seventh day of the month, Lessee shall pay a penalty to the Town in addition to the monthly rental of One Hundred Sixty Dollars ($160.00). 4. Leased Premises Lessee shall use and occupy the premises solely as an office for a central reservations service, group room sales, and tourist related events. Lessee is expressly prohibited from making sales of airline tickets for outbound traffic to individuals who walk in off the street. Lessee shall not use or permit the premises 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. 5. Fees, Licenses, Etc. .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. 6. Utilities Lessee shall pay all charges for gas, electricity, light, heat, power and telephone or other communications services used, rendered, or supplied upon or in connection with the premises and all condominium association assessments and shall indemnify the Town against any liability or damages on account of such charges. The Town shall provide for the delivery of utility services to Lessee. 7. 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. 8. Town's Access to Premises The Town and its agents shall have the right to enter the premises at all reasonable times to examine them, to show the premises to prospective purchasers, mortgagees, lessors or lessees, and to make and 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 or desirable for the safety, improvement or preservation of the premises. If Lessee shall not be personally present to 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 agents may enter the premises by use of a master key. In the event of an emergency, the Town may forcibly enter the premises, without rendering the Town or its agents liable therefor. 9. Alterations by Lessee Lessee shall make no permanent alterations, additions or improvements in or to the premises without the Town's prior written consent. All such work shall be performed in a good and workmanlike manner. All permanent alterations, additions or improvements upon the premises, including all panelling, partitions and the 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 be surrendered with the premises, as a part thereof at the end term of this lease. 10. 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. 11. 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 - 3 - recorded against the premises or any action affecting the title thereto be commenced, Lessee shall give Landlord written notice thereof. Lessee shall thereafter cause such liens to be removed of record within thirty (30) days after the filing of the liens. If Lessee shall desire to 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 a lien 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 to the premises subsequent to the initial remodeling, by or for Lessee, or anyone claiming under Lessee, 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 on the premises, the Town and its agents shall have the right to go upon and inspect the premises at all reasonable times. 12. Casualty and Obsolescence a. If the premises shall be damaged by fire or any other cause and the Village Inn Plaza Phase V Condominium Association and the Town shall elect to repair the damage, this lease shall continue in full force and effect 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, there shall be no abatement of rent if the fire or 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 or the Village Inn Plaza Phase U condominiums are damaged by fire or other cause (although in the latter case the premises may be unaffected) and the Association 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. During any period commencing with the date of damage and continuing until the giving of notice as set forth in this paragraph, this lease shall continue in full force and effect and the minimum rent due hereunder shall be proportionately abated (based on the portion of the Premises rendered untenable). However, there shall be no abatement of the rent if the fire or other cause of 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 consent of Lessee. 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 apportioned as of the date of such termination of this lease, and the Town and the Lessee shall be free and -4- 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 elects to repair, reconstruct or restore the premises or the building after any such damage, the Town shall promptly commence and with due diligence complete 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. The Town shall not be responsible or liable for the timely and proper performance of any repairs, reconstruction or restoration to be done by the Village Inn Plaza Phase V Condominium Association. In no event shall the Town or the Association be required to make any repairs or replacements to or of any of Lessee's lease hold 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. 13. Assignment and Subletting Lessee shall not assign, convey, mortgage, hypothecate or encumber this lease or any interest herein or sublet all'or any part of the premises (any and all 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's prior written consent shall be void and shall confer no rights upon any third person. Without limiting the generality of the foregoing, if Lessee is not a natural person, any 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 Lessee is not a corporation which results in a change in the voting control of Lessee for which involves forty percent (40%) 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 subject 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 premises shall be deemed a transfer subject to the provisions of this section. 14. Insurance 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 will violate, suspend, void, make inoperative or tend to increase the rate of any policies of insurance of any kind at any time carried by the Town upon the premises. At all times during the term of this lease, Lessee shall carry and maintain, at Lessee's expense, comprehensive general liability insurance in an amount of One Million Dollars ($1,000,000) per occurrence, which insurance shall include the following coverage: contractual insurance, personal injury insurance, premises - 5 - operations insurance, product/completed operations hazard insurance, broad form property damage insurance and independent contractors insurance. All policies of insurance shall name the Town as an additional insured. Executed copies of the policies or certificates thereof shall be delivered to the Town prior to Lessee's occupancy of the premises. All public liability and property damage policies shall contain a provision that the Town, although named as an additional insured, shall nevertheless be entitled to recover under such policies for any loss occasioned to it by reason of the negligence of the Lessee. All such policies shall provide that they may not be terminated or amended except after thirty (30) days written notice thereof to the Town. 15. In.7ur_y 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, injury, death or damage to persons or property or otherwise which at any time may arise in connection with the premises or be suffered or sustained by Lessee, its agents, servants or employees, or by any other person rightfully on the premises for any purpose whatsoever, whether such loss, injury, death or damage shall be caused by or in 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 unless 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 Town 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 injuries 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. - 6 - b. The Town, its agents, servants and employees shall not be liable for injury, 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 neglect of any other lessee or occupant of the Village Inn Plaza Phase U or from any owner or occupant of any residential or commercial unit in the building. c. If the Village Inn Plaza Phase V Condominium Association shall at any time determine the building is obsolete and shall adopt a plan to reconstruct and renovate the building, the Town shall give the Lessee written notice thereof. Upon giving such notice, the Town shall have the option to terminate this lease by giving written notice of termination to the Lessee within thirty (30) days after the giving of notice of the Association's actions. If the Lessee shall not so terminate this lease, this lease shall continue in full force and effect and, if any reconstruction and renovation of the building shall render all or a part 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 Association or the tenants' architect. 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 reenter 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. 16. End of Term Upon the expiration or other termination of the term of this lease, Lessee shall promptly quit and surrender to the Town the premises, broom cleaned, in good order and first class condition, ordinary wear excepted. If Lessee is not then in default hereunder, Lessee may remove from the premises any trade fixtures, equipment, and movable furniture and exhibits stored therein by Lessee, whether or not such trade - 7 - 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 require. Lessee shall fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions and improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions and improvements not so removed shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed 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. 17. 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, Lessee shall be deemed to 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 in an amount equal to three hundred percent (300%) of the monthly rent payable immediately prior to the end of the term. In the event 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. 18. Subordination This lease is subject and subordinate to that certain condominium declaration for the Village Inn Plaza Phase V condominiums dated 19_ recorded in the real property records of Eagle County, Colorado in Book at Page (the declaration), to the Articles of Incorporation and Bylaws of the Condominium Association of the Village Inn Plaza Phase V condominiums and to all renewals, extensions, modifications, consolidations and replacements thereof. Lessee shall have none of the rights (including, but not limited to, voting rights) of a condominium ' - 8 - unit owner under the declaration or otherwise or of a member of the Association, and .all such rights are and shall remain; the rights of the Town. 19. 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 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 after the Town shall have given to Lessee written notice specifying such neglect or failure (or within such period, if 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 commences to remedy such default within such ten day period and proceeds with reasonable diligence thereafter to cure such default); c. This lease or the premises or any part thereof shall be taken upon execution or by other processes of law directed 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 (15) days after the levy thereof; d. Lessee shall vacate or 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 lease) or lock them so as to prevent entry therein of the Town or its representatives as permitted by the terms of this lease. Notwithstanding the foregoing, Lessee shall have the right to be absent from or to close the Premises for two (2) weeks in the autumn and three (3) weeks in the spring during the term 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 or 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 petition 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 file an answer admitting the - 9 - material allegations of a petition filed against Lessee or such guarantor in any bankruptcy, reorganization or insolvency proceedings; or g. The entry of a court order, judgment or decree without the application, approval or consent of 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 or appointing a receiver, trustee or liquidator of Lessee or such guarantor 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, or adjudicating Lessee or such guarantor a bankrupt or insolvent, and such order, judgment or decree shall not be vacated, set aside or staid within thirty (30) days from the date of entry. " 20. Remedies If Lessee shall default under this lease as set forth in the preceding section, the Town shall have the following rights and remedies, in addition to all other remedies at law or equity, and none of the following, whether or not exercised by the Town, shall preclude the exercise of any other right or remedy whether set forth in this agreement or existing at law or equity: a. The Town shall have the right to terminate this lease by giving Lessee notice in writing at any time. No act by or on behalf of the Town, such as entry of the premises by the Town to perform maintenance and repairs and efforts to relet 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 16. If this lease is terminated, Lessee shall remain liable to the Town for all rent 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 take possession of the premises or any part thereof and repossess the same as of the Town's former estate and expel the Lessee and those claiming through or under, and remove the effects of any and all such persons (forcibly, if necessary) without being deemed guilty of any manner of trespass, without prejudice to any remedies for arrears of rent or preceding breach of covenants and without terminating this lease or otherwise relieving Lessee of any obligation hereunder. Should the Town elect to reenter as provided in this Section 26(b), or should the Town take possession pursuant to legal proceedings or - 10 - pursuant to any notice provided for by law, the Town may from time to time, without terminating this lease, relet the premises or any part thereof for such term or terms and, at such rental or rentals and upon such other conditions as the Town may in its absolute discretion deem advisable, with the right to make alterations and repairs to the premises. No such reentry, repossession or reletting of the premises by the Town shall be construed as an election on the Town's part to terminate this lease unless a written notice of termination is given to 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, less 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, legal expenses, attorneys fees, preparation for such reletting. Lessee .s hall 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 Town 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 otherobligations 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. All 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 20f. 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 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 may be computed from the date such sum is due until paid, at an interest rate equal to the discount rate of the Federal Reserve Bank - 11 - of New York (as the same may change over time) plus four percent (4%) per annum, except in the case of past due rent. If rent is not received by the Landlord on or before the seventh of the month, the sum of ten dollars ($10.00) per day shall be charged to the Lessee as additional rent. 21. 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 any 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 Vail 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, on 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 the expense of the Lessee. Lessee's obligation under this Section 23 shall survive the expiration or termination of this lease. 22. Indemni t.y 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, employees or invitees, or any covenant or provision of this lease or any law, ordinance, rule, regulation or order. 23. No Implied Waiver The failure of the Town to seek redress for violation of or to insist upon the strict performance of, any covenant or condition of this lease shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. 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 fees and all expenses and court costs. The receipt by the Town of any rent with knowledge 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 premises and no agreement to accept such surrender shall be valid unless in 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, - 12 - 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. 24. 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. 25. 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 joint venturer or member of a joint enterprise with the Lessee. , 26. Parkin During the totem of this lease and any extension thereof, the Lessee shall have the right to utilize one (1) parking space in the Town of Vail Municipal Office Parking Lot. 27. NOTICES Ail notices required to be given to Lessee hereunder shall be given by certified or registered mail addressed to Lessee at all notices required to be~given the Town shall be given by registered or certified mail to the attention of the Town Manager at 75 South Frontage Road, Vail, Colorado 81657; provided, however, the parties, or either of them, may designate in writing from time to time a substitute address for said notices. 28. 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. 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 in this lease shall ,bind and inure to the benefit of the Town, the Lessee, the respective heirs, distributees, executors, administrators, successors, and subject to the terms of this agreement, their assigns, , - 13 - 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 OF VAIL, a Colorado municipal VAIL RESORT ASSOCIATION, a Colorado corporation not-for-profit corporation gy; By: kondali V. Nhill~ps, town Manager Sylvia filount, executive Director - 14 - RESOLUTION N0. 10 Series of 1991 A RESOLUTION INCREASING FEES FOR CERTAIN COMMUNITY DEVELOPMENT DEPARTMENT SERVICES WHEREFORE, it is the Town Council's belief that the costs relating to certain community development department services should be increased to reflect inflation and the actual value of services provided by the Community Development Department staff. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail: 1. The following fees shall be charged for services by the Town of Vail Community Development Department: A. Conditional Use Permits $200.00 B. Variances $250.00 C. Special Development Districts: 1. Establishment of SDD $1500.00 2. Major Amendments $1000.00 3. Minor Amendments $200.00 D. Zoning Code Amendments $250.00 E. Zone District Amendments (rezonings) $200.00 F. Exterior Alterations: 1. Less than 100 sq. ft. $200.00 2. More than 100 sq. ft. $500.00 G. Subdivisions: 1. Major (Prelim/Final) $1000.00 Plus $20.00 per platted lot 2. Minor $250.00 3. Duplex $100.00 4. Single Family $100.00 5. Condominium and Townhouse Plats $100.00 6. Condominium Conversions $500.00 H. 7. Additional GRFA (250) $200.00 I. Secondary Unit on Lots of Less than 15,000 sq. ft. (P/S) $100.00 J. Sign Review $20.00 Plus $1.00 per sq. ft of sign area K. Sign Variance $200.00 L. Hazard Regulations: 1. Dispute of Designation $200.00 2. Map Amendment $200.00 3. Floodplain Modification $250.00 M. Art in Public Places 1. Temporary Site Approval $50.00 2. Project Review Fee -0- N. DRB Application Fees: Valuation $ 0 - $ 10,000 $20.00 $ lo,ool - $ 50,000 $50.00 $ 50,001 - $ 150,000 $100.00 $150,001 - $ 500,000 $200.00 $500,001 - $1,000,000 $400.00 Over - $1,000,000 $500.00 0. If any of the applications set forth above require a separate review by any local, State or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. P. The applicant shall be responsible for paying any publishing fees which are in excess of 50% of the application fee. If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then, the entire fee for such re-publication shall be paid by the applicant. Q. Applications deemed by the Community Development Department to have significant design, land use or other issues which may have a significant impact on the community may require review by consul- tants other than town staff. Should a determination be made by the town staff that an outside consultant is needed to review any applications set forth in this resolution, the Community Development may hire an outside consultant. If the Community Development does hire an outside consultant, it shall estimate the amount of money necessary to pay him or her and this amount shall be forwarded to the Town by the applicant at the time he files his application with the Community Development Department. Upon completion of the review of the application by the consultant, any of the funds forwarded'by the appli- cant for payment of the consultant which have not been paid to the consultant shall be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within 30 days of notification by the Town. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RESOLUTION N0. 10 Series of 1991 A RESOLUTION INCREASING FEES FOR CERTAIN COMMUNITY DEVELOPMENT DEPARTMENT SERVICES WHEREFORE, it is the Town Council's belief that the costs relating to certain community development department services should be increased to reflect inflation and the actual value of services provided by the Community Development Department staff. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail: 1. The following fees shall be charged for services by the Town of Vail Community Development Department: A. Conditional Use Permits $200.00 B. Variances $250:00 C. Special Development Districts: 1. Establishment of SDD $1500.00 2. Major Amendments $1000.00 3. Minor Amendments $200.00 D. Zoning Code Amendments $250.00 E. Zone District Amendments (rezonings) $200.00 F. Exterior Alterations: 1. Less than 100 sq. ft. $200.00 2. More than 100 sq. ft. $500.00 G. -Subdivisions: 1. Major (Prelim/Final) $1000.00 2. Minor $250.00 3. Duplex $100.00 4. Single Family $100.00 5. Condominium and Townhouse Plats $100.00 " 6. Condominium Conversions $500.00 H. 7. Additional GRFA (250) $200.00 I. Secondary Unit on Lots of Less Than 15,000 sq. ft. (P/S) $100.00 J. Sign Review $20.00 K. Sign Variance $200.00 M. Hazard Regulations: 1. Dispute of Designation $200.00 2. Map Amendment $200.00 3. Floodplain Modification $250.00 N. Art In Public Places 1. Temporary Site Approval $50.00 2. Project Review Fee -0- 0. DRB Application Fees: Valuation $ 0 - $ 10,000 $20.00 $ 10,001 - $ 50,000 $50.00 $ 50,001 - $ 150,000 $100.00 $150,001 - $ 500,000 $200.00 $500,001 - $1,000,000 $400.00 Over - $1,000,000 $500.00 This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1991. /f~~ ~ 7i~Z~'/ ~~Y 4- Kent R. Rose, Mayor ATTEST: ~~'~il~ht.l.(,iiu..~ Pamela A~ Brandmeyer,'Town Clerk -2- RESOLUTION N0. 10 Series of 1991 A RESOLUTION INCREASING FEES FOR CERTAIN COMMUNITY DEVELOPMENT DEPARTMENT SERVICES WHEREFORE, it is the Town Council's belief that the costs relating to certain community development department services should be increased to reflect inflation and the actual value of services provided by the Community Development Department staff. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail: 1. The following fees shall be charged for services by the Town of Vail Community Development Department: A. Conditional Use Permits $200.00 B. Variances $250.00 C. Special Development Districts: 1. Establishment of SDD $1500.00 2. Major Amendments $1000.00 3. Minor Amendments $200.00 D. Zoning Code Amendments $250.00 E. Zone District Amendments (rezonings) $200.00 F. Exterior Alterations: 1. Less than 100 sq. ft. $200.00 2. More than 100 sq. ft. $500.00 G. -Subdivisions: 1. Major (Prelim/Final) $1000.00 2. Minor $250.00 3. Duplex $100.00 4. Single Family $100.00 5. Condominium and Townhouse Plats $100.00 6. Condominium Conversions $500.00 H. 7. Additional GRFA (250) $200.00 _ I. Secondary Unit on Lots of Less Than 15,000 sq. ft. (P/S) $100.00 J. Sign Review $20.00 K. Sign Variance $200.00 M. Hazard Regulations: 1. Dispute of Designation $200.00 2. Map Amendment $200.00 3. Floodplain Modification $250.00 N. Art In Public Places 1. Temporary Site Approval $50.00 2. Project Review Fee -O- 0. DRB Application Fees: Valuation $ 0 - $ 10,000 $20.00 $ 10,001 - $ 50,000 $50.00 $ 50,001 - $ 150,000 $100.00 $150,001 - $ 500,000 $200.00 $500,001 - $1,000,000 $400.00 Over - $1,000,000 $500.00 This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1991. Kent R. Rose, Mayor ATTEST: ~~'~C~1tLCU~~ Pamela A.`-Brandmeyer,'Town Clerk -2- ~ f r ORDINANCE NO. 12 Series of 1991 AN ORDINANCE AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR MODIFICATION AND PARTIAL RELEASE OF RESTRICTIONS AND COVENANTS RELATING TO A CERTAIN SPECIAL WARRANTY DEED CONVEYING CERTAIN PROPERTY FROM THE TOWN OF VAIL TO THE MANOR VAIL CONDOMINIUM ASSOCIATION, A COLORADO NON-PROFIT CORPORATION. WHEREAS, on June 21st, 1977, the Town of Vail ("the Town"), by special warranty deed ("the deed") conveyed a parcel of property ("the property") which was then utilized by the Town of Vail as a street right-of-way, to the Manor Vail Condominium Association. A copy of the deed is attached to this Ordinance as Exhibit A and incorporated herein by reference. WHEREAS, the deed was conveyed subject to certain conditions, covenants, restrictions and reservations which ran with the land and were binding upon the Manor Vail Condominium Association for a period of twenty years from the date of the conveyance (June 21st, 1977); and WHEREAS, one of the conditions is that no property conveyed by the deed shall be used for conveyed at any time for any purpose other than pedestrian, bicycle and limited motor vehicle ingress and egress to grantee's hotel; and WHEREAS, another restriction is that an easement twenty feet in width passing generally east - west to the westerly end of the described property to Gerald R. Ford Park on the easterly end of the described property was reserved unto the grantor for pedestrian and utility purposes for the use, benefit and enjoyment of the public; and WHEREAS, the Manor Vail Condominium Association ("Manor Vail") wishes to construct, as soon as reasonably possible, an expansion of the Manor Vail Condominiums on the property conveyed by the deed which is now restricted to pedestrian, bicycle and limited motor vehicle ingress and egress; and WHEREAS, the Town of Vail wishes to obtain an easement twenty feet in width passing generally. east-west across the described property from the public thoroughfare on the westerly end of the described property to Gerald R. Ford Park on the easterly end of the described property for pedestrian and utility purposes and the benefit and enjoyment of the public in perpetuity; and WHEREAS, the Town and Manor Vail wish to enter into an agreement for the modification and partial release of the restrictions and covenants contained in the deed ("the agreement") a copy of which is attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, Manor Vail is willing to convey to the Town an easement in perpetuity ("the easement") a copy of which is attached hereto as Exhibit C and incorporated herein; and, WHEREAS, the agreement provides for continuance in perpetuity of certain restrictions on the use of the property which were set forth in the deed; NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1 The Town Manager is hereby authorized to execute for the Town, the agreement for modification of partial release of restrictions and covenants attached as Exhibit B, upon the condition that, simultaneously, with the execution of the agreement, Manor Vail shall convey to the Town the executed easement attached as Exhibit C. 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 effect 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 -1' phrases be declared invalid. Section 3 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of 1991. A public hearing shall be held hereon on the day of , 1991, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk ~ ORDINANCE N0. Series of 1991 AN ORDINANCE REZONING THREE TRACTS FROM HILLSIDE RESIDENTIAL ZONING, SECTION 18.09 TO GREENBELT AND NATURAL OPEN SPACE ZONING, SECTION 18.38 WITHIN A PARCEL, COMMONLY REFERRED TO AS SPRADDLE CREEK, AN APPROXIMATELY 40 ACRE PARCEL LOCATED NORTH AND EAST OF THE MAIN VAIL INTERCHANGE AND EAST OF THE SPRADDLE CREEK LIVERY. WHEREAS, an application has been submittd by Mr. George Gillett to rezone three parcels within the proposed Spraddle Creek Subdivision, commonly referred to as Tracts A; B and C from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District in order to ensure that the tracts remain in their natural state; and WHEREAS, the rezoning effort is consistent with Municipal objectives to maintain these proposed~Tracts as open space within the Spraddle Creek Subdivision; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed zoning amendment and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 The Town Council finds that the procedures for a zoning amendment as set forth in Section 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all of the requirements of the Municipal Code of the Town of Vail relating to zoning amendments have been fully satisfied. Section 2 The Town Council hereby rezones the property, more particularly described in Exhibit A, attached hereto, from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 4 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision 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 of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1991. A public hearing shall be held hereon on the day of 1991, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1991. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk EXHIBIT A Tract A: Beginning at an existing 2 1/2" diameter iron post with a 3" diameter BLM brass cap marking the 1/4 corner of said Section 5 and Section 8 of said Township and Range; thence, along the southerly line of said SE 1/4 SW 1/4, S89 46'37"W 900.07 ft, to an existing #4 rebar with an aluminum cap (PLS 16827) marking the intersection of said southerly line and the existing ROW fenceline for I-70; thence, along said ROW fenceline, N73 52'16"W 215.13 ft to an existing 2" x 2" angle iron fence post, set in concrete, in said ROW fenceline; thence, continuing along said ROW fenceline N66 52'57"W 240.74 ft, to an existing 1/2" diameter steel pin with 1 1/2" diameter BLM brass cap marking the intersection of said ROW fenceline and the westerly line of said SE 1/4 SW 1/4; thence, departing said ROW fenceline and along said westerly line N00 21'28"W 63.50 ft; thence, departing said westerly line, 141.00 ft along the arc of a curve to the left, having a radius of 85.00 ft, a central angle of 95 02'47", and a chord which bears N00 21'28"W 125.38 ft to another point on said westerly line, thence N00 21'28"W 108.14 ft, along said westerly line; thence, departing said westerly line, 64.81 ft along the arc of a curve to the left, having a radius of 125.00 ft, a central angle of 29 42'21", and a chord which bears S61 40'22"E 64.09 ft; thence S76 31'32"E 359.54 ft; thence 62.73 ft along the arc of a curve to the right, having a radius of 2975.00 ft, a central angle of 01 12'29", and a chord which bears S75 55'18"E 62.73 ft; thence S75 19'03"E 376.12 ft; thence 159.14 ft along the arc of a curve to the left, having a radius of 1025.00 ft, a central angle of 08 53'44", and a chord which bears S79 45'55"E 158.98 ft; thence S84 12'47"E 344.03 ft to the easterly line of said SE 1/4 SW 1/4; thence S00 11'12"E 160.08 ft, along said easterly line, to the point of beginning, containing 7.742 acres, more or less. Tract B: Commencing at an existing 2 1/2" diameter iron post with a 3' diameter BLM brass cap marking the 1/4 corner of said Section 5 and Section 8 of said Township and Range; thence N37 12'19"W 1077.36 ft to the True Point of Beginning; thence 58.12 ft along the arc of a curve to the left, having a radius of 245.00 ft, a central angle of 13 35'35", and a chord which bears N59 42'59"W 57.99 ft; thence N66 30'46"W 44.39 ft; thence 84.47 ft along the arc of a curve to the right, having a radius of 25.00 ft, a central angle of 193 35'35", and a chord which bears N30 17'01"E 49.65 ft; thence S52 55'12"E 106.60 ft; thence S37 04'48"W 32.00 ft to the True Point of Beginning, containing 0.1183 acres, more or less. Tract C: Commencing at an existing 2 1/2" diameter iron post with a 3" diameter BLM brass cap marking the 1/4 corner of said Section 5 and Section 8 of said Township and Range; thence, along the easterly line of said SE 1/4 SW 1/4, N00 11'12"W 210.36 ft, to the True Point of Beginning; thence, departing said easterly line, N84 12'47"W 338.80 ft; thence 151.37 ft along the arc of a . curve to the right, having a radius of 975.00 ft, a central angle of 08 53'44", and a chord which bears N79 45'55"W 151.22 ft; thence N14 40'57"E 50.00 ft; thence N88 16'29"E 257.20 ft; thence N12 58'17"E 50.00 ft; thence S77 Ol'43"E 122.32 ft; thence 69.23 ft along the arc of a curve to the right, having a radius of 125.00 ft, a central angle of 31 44'03", and a chord which bears S61 09'42"E 68.35 ft; thence S45 17'41"E 35.99 ft to the easterly line of said SE 1/4 SW 1/4; thence S00 11'12"E 80.12 ft, along said easterly line, to the True Point of Beginning, containing 1.085 acres, more or less. Tract A, B, and C are referenced per the approved subdivision Final Plat for Spraddle Creek. y.: TO: Vail Town Council Members FROM: George Lamb RE: "250" Ordinance DATE: April 16, 1991 Last week, I attended the P.E.C. meeting during their discussion of the proposed appeal of the 250 ordinance. I believe the recom- mendation to you was to postpone a vote of the ordinance until fur- ther study by the Housing Task Force. As a member of the Design Review Board, I read the attached com- ments at the meeting and wish to briefly summarize my feelings. The issue before us is really one of massing and compatibility. You really cannot control these elements exclusively through square footage controls and guidelines. To illustrate this point, I am certain that an architect could design three homes of exactly the same square footage, resulting in a Goldilocks situation of one being too small, one too large, and one just right. In my opinion, the appeal of the 250 ordinance achieves nothing positive, and removes a very workable aspect of our zoning guide- lines. I believe it is worth reiterating that the approval of a 250 allowance is not automatic, and it also represents a useful vehicle by which a property can be reviewed as to deficiencies; the correction of which can be a requirement of the overall approval of an allowance. The appeal of the 250 ordinance seems to be born out of reactionary policy versus constructive guidance. The two main issues precipitating an examination of the ordinance appear to be the "ultimate remodel" and variances. As I have stated in my attached statements, I feel the 250 allowance application to an ultimate remodel is totally bogus. Such a property should be viewed, as currently with the new ruling on new wood burning fireplaces, as new construction. We now have new calculations available which should be applied to these ultimate remodels and, thus, new construction should be excluded from the 250 ordinance. As far as variances are concerned, one should remember that the 250 ordinance was partially enacted as a result of the many variance requests for small additions. Consequently, I believe that the ordinance actually reduces rather than increases the number of such variances. Page 2 Vail Town Council Members I feel that the real estate and architecture make-up of the aud- ience at the P.E.C. meeting was misunderstood. The majority of these individuals saw and expressed the positive attributes of the 250 ordinance. To criticize this group for "selling the 250 square footage" is misguided. Generally, the allowance (if approved) promotes improvement, not abuse. In an effort to be positive, I suggest the following recommenda- tions which should help re-direct our attention to the main issues at hand and give the Design Review Board more enforcement tools: 1. Create Visual Guidelines Given that massing and compatibility are somewhat abstract qualities, I strongly recommend that a qualified panel be formed to visually define the goals. Good examples would be photographed and clarified adjacent to bad examples. A large residence on Mill Creek Circle would be shown as incompat- able to the neighborhood and, thus, inappropriate. The ap- plication of green glass and multi-colored slate could better be defined, to name some examples. 2. Scale Model Requirements: When a new project or remodel is perceived as being question- able in terms of its mass, compatibility or general impact, a scale model should be required. The applicant might also be required to represent other structures in the immediate neighborhood in the same scale as to better visually repre- sent final product. Additionally, with the development of computer enhancement, a "walk-through" presentation could also become a require- ment of the applicant. These questions and issues before us are common to many communi- ties. However, I suggest we address them positively. We must not lose sight of the fact that Vail is a service oriented community. We should not be dictated by our guests, but in the same vein, we should not make our rules and guidelines so complicated and re- strictive that individuals will resist making a commitment to Vail and its continued growth. Vail is maturing. With growth, some elements become antiquated and need improvement or replacement. Change for the sake of change is not recommended, but change which follows well defined direction and goals can help revitalize the entire community. In a small way, the 250 ordinance helps promote productive improvements and, hopefully, keeps some of our residents in this end of the valley. SLIFER, SMITH 8t FRAMPTON, INC. REAL. ESTATE BROKERS AND CONSUI TANTS 210 BRIDC;I: S"I'REf:'I' VAl l., C'OLORAD(.) N16S7 TEI.I:I'1 ZONE (101) 47(,-2421 TO: Vail Planning & Environmental Commission TELEFAX csu3) a7r,-2~,S2t FROM: George Lamb RE: "250" Ordinance DATE: April 8, 1991 As a member of Vail's Design Review board, I see the 250 ordinance as a positive, rather than negative, feature of our zoning codes. The 250 ordinance was carefully thought out and, when drafted, addressed the problems inherent with older, antiquated or poorly designed homes. In effect, it allows a possible expansion or addi- tion up to 250 square feet to improve deficiencies in such areas as bedrooms, baths and kitchens. Although economics should not be a factor, many applicants use the allowance as the only feasible alternative to improve their pro- perty when buying a new home is not financially possible. One must remember that this 250 allowance is not automatic. Each application is reviewed both on its design merits and the impact and compatibility on the neighborhood. The ordinance can also be very beneficial because Design Review Board approval is further conditional on a review of the entire property. Any deficiencies such as landscaping, unpaved driveways, and overhead power lines can be cited and their correction will be- come a requirement of approval of a 250 allowance. To my know- ledge, the 250 ordinance is one of the only vehicles by which such necessary improvements can be legislated. I believe any consideration to appeal the 250 ordinance is born more out of misunderstanding its intent and from .negative reaction to its abuse. There should be no difference of the ordinance's application between either financial consideration or specific location of the property. Given the adoption of the new GRFA guidelines, I feel that most re- development projects will base their proposed improvements on these new calculations. However, I highly recommend that both guidelines be made available on an either/or basis. (II~I~IC I?ti IN Vi111. ANI) ISO AVf?R CRIiIiK ~ 1 Page 2 Vail Town Council Vail Planning Department I further suggest that conditions be placed on the current 250 guidelines: First, the allowance should only apply to property that is five years old or older. Any such property which is demolished and a has a new property built on the site is just that, a new property, and the application of a 250 allowance in this situation is totally bogus. Second, I feel that the 250 ordinance can be phased out over time. Any property constructed or remodeled under present zoning guide- lines should have the potential of good, functional design. Con- sequently, a 250 allowance should not apply to any property built or remodeled after some present date. If one has the financial luxury to remodel or construct a new home, then work within the allowable parameters of present zoning. To design a property with the anticipation of adding more GRFA after five years is inappropriate and contrary to the intent of the 250 ordinance. The real overriding issue in front of us is one of massing, and massing cannot be totally controlled by GRFA calculations. Rather than react to negative outcry and abuse, I suggest we consider the merits of the 250 ordinance and work to close the loopholes. TOWN ~F VEIL 7S Soutb Frontage Road Office of the Town Manager Vail, Colorado 81657 303-479-2105/FAX 303-479=2157 April 4, 1991 Ms. Liz Robbins Liz Robbins Associates 420 7th Street S.E. Washington, DC 20003 Dear Ms. Robbins: This letter is intended to amend the memorandum of agreement between the Town of Vail ("The Town") and Liz Robbins Associates ("Robbins") of March 20, 1991. The Town wishes to amend the agreement to provide for the following services to be provided to the Town and for the Town to make the following payment to Robbins: (1) Robbins shall direct her' services toward establishing House Interior Committee rules, procedures and regulations pertaining t.o land exchange proposals which may come before the Congress of the United States. ( 3 ) Robbins shall provide t).ie Town with uG~~}-~~~~~~c-:~ ~,~~,:,~y~~~-~~ep~~s•-ate ~:~~J_ u final report. These reports shall describe her activities on behalf of the Town, including specific committee, staff, and congressional member contacts made and the results of each. (4) Robbins shall provide tYie above services to the Town of Vail for the months of ~Tanuary 1991 to April 1991. For Robbins' services, the Town shall pay Robbins the fee of $4,000 per month which shall be made to Robbins on a monthly basis. The total fee payable to Robbins shall be the sum of $16,000. (5) Robbins shall obtain the approval of the Town of Vail for any expenditures in excess of the fees set forth in this letter. If this arrangement is acceptable, please sign and date the bottom of this letter to indicate your acceptance. Sincerely, '~J Rondall V. Phillips Liz R b ins Town Manager Liz R ins Associates ~,~~y,~99i ~l~Q~~~ Date ' Date RtL'D APR 1 5 t9 9t T0: Town Council, Town of Vail FROM: Ronald H. Riley DATE: April 10, 1991 RE: Raising fee for "parking in lieu of" I am writing to express my concern over your recent decision to raise the fee for "parking in lieu of" f rom $3000 to X6000. It's difficult for any local businessperson to stay apprised of all issues that are before the Council; had I known the issue was being discussed, I would have expressed my views at the appropriate meetings. I'm sure that by adopting this policy you feel that you are providing a needed source of funding for the new parking structure. Maybe not. The additional fee, though, acts as an impediment to future improvements within the downtown commercial core. There are certain areas in which most people would agree that improvements are desirable and, in some cases, desperately needed. The fact that these improvements have not been made yet demonstrates that the economics involved are already difficult, at best, if not almost impossible. There are. not that many major renovation projects left to be done and the additional burden of the increased parking fee might keep them from happening indefinitely. There might be less revenue rather than more realized from these fees. In viewing the trend of making it more difficult to develop and improve properties, I wonder why we in the Town of Vail can't heed the lessons provided by Aspen. From the early 70's, Aspen applied such restrictive control over growth that very little was done to improve its facilities in the town of on the mountain. What was cute and quaint 15 to 20 years ago is now substandard and out-dated. Over time their customers responded and many have gone to other areas. I urge the Council to reflect on Aspen in the hope that they will have the insight to avoid the same mistakes in Vail. Although I have faint hopes, I request that you reconsider the parking policies. The long range effects of placing more burdens on development could be more adverse than trying to alleviate immediate financial problems. Vail has become the premier ski resort in the world by constantly upgrading and improving its facilities. To use Pepi's cliche, "Let's not kill the , goose that lays the golden egg" by stifling improvements needed in the future. . APR ~ ~ Adam Resnick 4516 E. Meadow Dr. #80? Vail, CO 81657 (303)476-3?65 April 15, 1991 Dear Vail Town Council, Vaii prides itself on being a an environmentally concious community. We apparently lack, however, legislation controlling the release of refridgerants such as freon into the atmosphere. This practice is regarded as one of the most damaging to the ozone layer and has been prohibited by law in many areas, including Denver. I am not blind to the fact that reclaiming these gasses will boost prices far a variety of services but feel that in this case the environmental is too high. I ask that research be done and that legislation on this problem be drafted and voted upon. Sincerely, Adam Resnick f ~n APR 1 5 1QA~ Pierce, Segerberg & Spaeh Architects P. C. A.I. A. April 12, 1991 Town of Vail Council 75 S. Frontage Road West Vail, CO 81657 Sirs and Mesdames: Unfortunately, I am unable to attend the Town of Vail Council meeting on April 16, 1991. Therefore, the purpose of this letter is to show my support for keeping the 250 square feet ordinance intact. I believe this ordinance is an important part of improving on Vail's physical image. The ordinance gives the property owners some vehicle to make logical and proper additions for their needs and this ordinance in return provides the city with a means to request other improvements to the properties. 250 sq.ft. added onto most any building here in Vail is nearly inconsequential, i.e. a two story 35' x 55' building would be increased by approximately 8" around the perimeter or with a room that is less than 15' x 17'. Many of these additions would take place within the volumes of existing structures. I believe that a great deal more good has come out of this ordinance than the very few bad examples as suggested by the Staff. Incidentally, no specific examples were given by the Staff at the P & Z meeting. Furthermore, a number of other new ordinances have been put into effect that have had more impact on the mass of a building than the 250 sq.ft. rule could have. In my opinion, the color of a building, landscaping, siting and the quality of the building exterior materials should be far more important to our town than appealing this ordinance. Main Office: 1000 South Frontage Road West Vail, Colorado 81657 303/476-4433 One Tabor Center 1200 Seventeenth Street, Suite 515 Denver, Colorado 80202 303/623-3355 - ~i; .x;s~n~~;' ~ ' ' -a ' ~ i r ~n.,yJ.tr~ac~~!P~. a"~~'i ~.~,~p~eM. ?.u.;,!~,r~ k~ a ~•-~e _ x~ •+:.~.~i~d .r ~.rd~;.:~'7, e.~~~W.G,~ ~uA45~z~i:;~a~r~+€~:~;Yn~.~t~:"_^Er~~V~.~si~.3:''k'~~~`s+At'C~?~S.rri!~''~i~§..~`~'•~~~".~~~?~.r . Town of Vail Council April 12, 1991 Page 2. The ordinance is unique, positive and a strong statement that Vail is a forward thinking community both for its guests and local home owners. Sincerely, PIERCE, SEGERBERG & SPAEH, ARCHITECTS P.C. A.I.A. ordon R. Pierce Postscript: As I mentioned to the Planning Commissioners, it is somewhat awkward for me as an architect to support an ordinance that favors construction. Risking the criticism of possible conflict of interest, I nonetheless believe strongly about my support of this ordinance. I would like to mention here that our office does nat depend on the work related to these projects. In fact, over the past 12 months, less than 20 of our gross income came from jobs related to adding the 250 sq.ft. to a unit. t~ t / j i ~yy ~7 TOWN OF VAIL ~ 75 South Frontage Road Office of the Mayor Yai~ Colorado 81657 303-479 2100 FAX 303-4792157 April 16, 1991 Mr. William H. Miller Chairman Vail Resort Association 111 South Frontage Road Vail, Colorado 81657 Dear Will, It is nice to have the VRA space negotiations entering the "home stretch." We appreciate your addressing the concerns and issues raised by the Town Council over the past few months. In response to today's correspondence, the Town Council feels ~it is perfectly appropriate for the VRA to begin rent payments on the new space after you have vacated the old Post Office building. It is not our desire to burden the VRA with double rent payments for the month. With regard to the monthly rate on the new space, I am hopeful that we can further discuss the intent of the Town Council's actions on November 20th and come to an agreement which is equitable. At the November 20th Town Council meeting, unanimous approval was given to providing space to the VRA at, or below, the cost of the space currently provided to you. Upon discussion of the situation this afternoon, the Council feels strongly that they have worked to meet this expectation. The space which the VRA currently occupies is being rented for a sum of $6 per square foot.' The 4,000 square foot space being offered at the Vail Village Inn has been offered for a sum of $5 per square foot, with no cost being applied for the 400 square feet of renovated and finished space which the VRA will occupy at the Transportation Center. If the space at the VTRC is considered in the equation, the cost per square foot the Town is asking drops to $4.55. In striving to help meet the needs of the VRA at this point, we are also willing to extend to you a fifteen year lease and pick up the cost of utilities at the VVI space. As you know, neither of these options was put forth during the November 20th discussion. All we ask in return is an additional $2,000 per year over your current rent of $18,000, plus the cost of condominium association fees. 1. Mr. William H. Miller April 16, 1991 Page Two During this afternoon's discussion, the appropriateness of offering such an lengthy contract to the VRA was raised. It was agreed that this length of contract was important to allow the VRA to feel they have a "home" and will not be displaced again at their own expense in the near future. Furthermore, the Council requests that a clause be included within the contract stating that if, for some unforeseen and unexpected reason, the Town were to ask the VRA to relocate prior to expiration of the contract, the new space location and timing of the move must be mutually acceptable and the Town must cover all VRA relocation costs. _ Again, thank you for working with us to achieve a compromise which is workable for both groups involved. I am hopeful that t}~e remaining issues will be quickly resolved to enable the VRA to begin the process of getting settled in its new home. Sincerely, ~ J Kent R. Rose Mayor t ~ G / 9 ~n -~i.~ir~-~` P~-~J~P~ ~ icy? ~~-F~y, l/Gz% G%~~~ (f ~ ti J---~,- ~ - _~~i~..~c..c~~.~ . 90 . ~ . - 2 CAR GARAGE . - ~ i OPEN TO BELOW K i - .f N • • - _ - - ~ - ~ i AIR LOCK ~ i - ~ • i ~ i i• ~-3 ~3'~ • I y - _ . ~ . ~ •~JPt~E~ LE1lE • - L~~ • ~ ~ 4°' :t ` 4 20~ Jar ~ ~1 6 , r _ S~DY OOM DINING R ~ lace ` gas f irep ~ 'cr ~ 4 'cv 4 cr ROOM 5 r 1h11NG ~ ' - 1 1 . 4 ' BREAKFAST ' NOOK i KITCHEN ~ v ~ 3i pOVJDER ROOM ~ ` ~ Q 12' ~ 42' 1la"-~~ i ~ L~~~L . r1A S G ~t~ 40' I. 13. 8.. 4.. 12, I - ~ - t o _ \ ~ ~ ` N ~l ~ MASTER BATH ~ ~ 16' i~ BEDROOM SHOWER vO ' MASTER SUITE `O o i ~ ~ GAS FIREPLACE ~ 3 BATH ~a 0 N M _ : . / 12 CLOSET ~ ~ N i _ LINEN GtCC 2°sf ~ i~ W Cn O MECHANICAL CLOSET tO a ~ ~ BEDROOM w cr Rough for future bath j f~ S' 4" ~ ~ t 6. , LONER LEVEL ~~4° = MEMORANDUM TO: .Town Council FROM: Community Development Department DATE: April 16, 1991 SUBJECT: Neuswanger Wall Height Variance Appeal :.,N..,.:.,,. ..............:......~............".w..vr,,................:,.:NN.. ,.:~..A......... xxi: silni: i::::{:r n•. .r.. ~rrr::~: ~~i~r'%~iii%f:•i~tiNrii'il. iif'~ii ~i~ ..nx.x x...} ~ii:thrJ iii'r: i'~~ v... On March 25, 1991, the Planning and Environmental Commission reviewed the requests for front yard setback and wall height variances for a new, single family home at 2642 Cortina Lane/Lot 6, Block B, Vail Ridge Subdivision. Chris Neuswanger was the applicant for these two variance requests. Under Section 18.58.020(C) of the Zoning Code, walls may not exceed three fP.etan_heigh# within any required front setback, and may not exceed six ee ~~i Height on any other portion of the site. i he two walls for which variances were requested are located on the east and west sides of the residence within the required tront setbacK. ~ ne su~~ect site-sPopes-from a high point on the north side of the lot adjacent to Cortina Lane to a low point on the south of the site. The average slope of the lot adjacent to Cortina Lane is approximately 45%. Due to the topography of the site, these side yard walls will be taller when viewed from the south. From the north, these walls would be no greater than three feet in height. During the course of discussing the wall height variance request, the applicant indicated the requested wall height variances could be reduced to 10 feet above grade on the south side of the eastern wall and to 8 feet above grade on the south side of the western wall. Following discussion regarding the front setback and wall height variance requests for the Neuswanger residence, Kathy Langenwalter moved to approve the request for a front yard setback, subject to the applicant providing a minimum of 20 feet of driveway and to deny the wall height variances. Kathy felt approving the wall height variance would be a grant of special privilege, and the need for a wall height variance was aself-imposed hardship. Ludwig Kurz seconded the motion. The vote was 5-2 in favor of the motion, with Chuck Crist and Gena Whitten in opposition. Chuck felt the wall height variance should be allowed because the steep lot was a hardship, i.e., the hardship was not self-imposed. Gena stated she would like to see Mr. Neuswanger re-work the plan, rather than simply vote against it. - 3 r MINUTES OF PLANNING AND ENVIRONMENTAL COMMISSION MARCH 25, 1991 MEETING, CON'T . _ . 3. A request for a setback and wall height variances for the Neuswanger Residence, 2642 Cortina Lane, Lot 6, Block B, Vail Ridge. Applicant: Chris Neuswanger Jill Kammerer reviewed the request for a front yard setback and wall height variances for the Neuswanger residence. Staff recommended approval of the front setback variance, and denial of the wall height variance. . The applicant, Chris Neuswanger, explained there would be backfill on the north side of the wall to create drainage away from the proposed residence: Therefore, the walls on the north side would hardly be visible from the north (Cortina Lane). The requested wall height variances on the south side could be reduced approximately two feet. With this reduction, the south side of the eastern retaining wall would be 10 feet above grade rather than 13 feet and the south side of the western wall would be a maximum of 8 feet above grade. Ludwig Kurz inquired as to whether or not the wall height variance was directly related to wanting the flat area near the home. Chris replied that they were. He proposed to make a flat area of 4,500 sq. ft., in an area he thought was a logical placement. He also felt the walls created a natural break. Kathy Langenwalter asked about the distance of the pavement of Cortina Lane to the garage door, and was told that it was 19 feet. She asked that it be 20, as that was what Public Works would ask for in order to avoid the possibility of having cars parked on the drive project into the street. Regarding the GRFA under the garage, she felt she could support it because it was underneath the garage, and if not used as GRFA, this dead space would just be fill. She felt putting the GRFA under the garage did tend to reduce the total bulk of the building. However, Kathy could not support a wall height variance of any kind. She _ felt it violated use of the hillside. She did not feel it was appropriate to create a flat space on a hillside. She also believed that the hardship for the wall had been created by the applicant and there were other areas on the site where this-flat area could be created without the need for high walls. Kathy mentioned to Mr. Neuswanger that he would not get much sun on the east side in the afternoon. Chris indicated that his personal preference was to have his hot tub on the east side. He had previous east facing decks he felt had gotten quite a bit of 7 R 1' use. He felt a hot tub on the east side of this residence would be more private, better sheltered, and more aesthetically pleasing. Diana Donovan agreed with Kathy. Ludwig Kurz disagreed with Kathy. He felt that he could support the wall height variance with the height reduction which had been presented. Kathy Langenwalter moved to approve the request for a front yard setback, subject to the applicant providing a minimum of 20 feet of driveway from the face of the garage to the edge of paving on Cortina Lane. She also moved to deny the wall height variances. Kathy indicated the motion for approval of the front setback variance was supported by Findings A, B and C(1-3) as set forth in the staff memo. Additionally, Kathy could support the front setback variance because the GRFA was below the grade of the road which would reduce the appearance of the height of the building from Cortina Lane. Regarding the denial of the wall height variance, Kathy felt approving the wall height variance would be a grant of special privilege, and the need for a wall height variance was a self-imposed hardship. Ludwig Kurz seconded the motion. The vote was 5-2 in favor of the motion, with Chuck Crist and Gena Whitten in opposition. Chuck felt the wall height variance should be allowed because the steep lot was a hardship, i.e., the hardship was not self imposed. Gena stated that she would like to see Mr. Neuswanger re-work the plan rather than simply vote against it. Xi~V • . CONa Y xU~. Y iON CO. Etl'T~1„~y,.x. Go.:c..al Cv~,laadaf ' P.O. BOX P ~ . EDWARDS, COLORADO 81632 PHONE (303) 926-3300 FAX (303) 926-3316 April 12, 1991 Mr. Chris Neuswanger (via fax) Dear Chris, Pursuant to your request, I have done some estimates on the cost of two retaining wall alternatives for your residence The first is as you had originally wanted to do, with one wall on each side of the house made of concrete faced with stucco. I would estimate this will cost about $7,500.00. The second alternative would entail three tiered wall, with each wall section being about 3' high. This would en"~aii three footers. below frost level, and essentially three entire walls. This would cost about $18,500.00. If you or the town staff have any further questions please contact me at the number above. Sincerely, Dark H se Construction, Ltd. Ed Thompson ~.pr ~ 1 ~ ~I X61 ~'1~tc: Y'~" .f i" Vii,^r fs~iC 1 ' 4 This i ~ to ~C~rr~ i rm v~~ y~cu that A ~ ,a r.~? ~nh~;~ ~ ~1~~per ~~r~e r to ~,r~ . ~ !~r~;. t~~~; w~r~~~#~• ~?~v~ r~~~ ~ ~4v~a.ry ti#^~s i r• ~,:^u~~~~c! r ~1.~,7 r i f;~ w~l t ~~~~n ~1~Yt~ h~ ~~,j~~~~'t~icr? t~~~ ij:.. T ur;;~ You to ra,-~t ~'~r"'(~l7~~ t,~ ~>1 ~la:~ fit. winG~Tf+~y,~ ~ ~ . ; i I I ti t . ~ ~+s..or..~.et n,.!;,.T me:~rnr..w~ ^!!rJ.c+^.M~1+;~Xf~7~a4kavoc.~o~rrsnaare:,nSxfiNRMCR?~9Riw4RM's~.FS:~~sxrtre.n..~~alta~oNRa4~aixw?a~; ar -..h~~smrpaarnn,~ear~!x,'~r:~+~,1~:u.'~,ra!iu~m~:c.lxuu: rew~.7~ 21 E. Scott St. Chicago, IL 60610 April 16, 1991 The Vail Town Council Town of Vai l Ladies & Gentlemen: As a neighboring property owner of Mr. & Mrs. Neuswanger in Vail Ridge I would like to advise you that I have reviewed their plans for Lot 6 and the requested variances. I find them acceptable and think they are in the best interests of the neighborhood and the community. I feel the request should be approved. 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Frontage Road 'v ail, CO 81657 Dear Ron: Regarding the Town of Vail's consideration for license renewal of Vail's two carriage horse operations, the Eagle Valley Humane Society wishes the following information to be considered; During the course of the winter the Humane Society received several calls from local individuals and guests regarding the carriage horse trade in Vail. Some calls were directed to the condition of the animals (weight loss and lameness), the danger involved in operating the carriages on the frontage road and of course, most recently the terrible accident re- sulting in a dog's death. We felt the concerns were well addressed by Bob Slagle, TOV Animal Control. The Humane Society has felt compelled to issue a policy state- ment regarding our view of the carriage horse trade in Vail, but we have felt it appropriate to table this action until proposed new regulations are introduced and in place. We believe the necessity of very strict regulations exist in order to protect b~tr. the p::bliC and the worki:.g anim~~J. Ty :'ail to have a carriage horse trade the safety, success and integrity of the operation must rely upon carefully written regulations that are enforced by competent individuals. It is grossly negligent to issue licenses based on the good intentions of carriage horse ownership and/or management. Enclosed is a set of regulations recently passed in Washington, D.C.. I believe they are very comprehensive and can serve as an excellent guideline if the Town Council votes to issue licenses. Also enclosed are some letters and articles that have resulted from disputes over the carriage horse trade. The Humane Society believes it is critical for all parties involved to carefully weigh the advantages and disadvantages of having this type of operation in Vail. Tourists do not come to Vail for the car- riage horse rides. It may be a "charming" addition to the "Vail experience" but we must not omit the responsibilities and liabilities it also carries. r ~1 EAGLE VALLEY HUMANE SOCIETY _ . ~ P.O. Box 2587 • Vail, CO 81658 • (303)476-5097 Thank you for your careful consideration of this matter and please feel free to contact me regarding any questions with the regulations. Sincerely, E`AG~LE VALLEY HUMANE SOCIETY 17J~~ Blondie Vucich President cc: Kent Rose Merv Lapin Peg Osterfoss Rob Levine Lynn Fritzlen Jim Gibson Tom Steinberg Bob Slagle r~ 4 ~~t ~j ~ April 10; 1991 Q" r. ey 7 ~ 1 Ali Mayor Kent Rose Fri The Vail Town Council 75 S. Frontage Road Vail, CO 81657 hJ Z'~ Dear Mayor Ros~e;,~"and Town Council: I will be out of town for the Town Council meetingon Tuesday, April 16, 1991. The purpose of this letter'$is to express my con- cern about the possible elimination of the ordinance that allows an additional 250 square feet. I attended the Planning Commission meeting on April 8th, which was only attended by a, large crowd sup- porting the ordinance. No one opposed this ordinance from the pub- lic. ,i The Town of Vail has become expensive •and more restrictive than other areas of the Vail Valley. This has caused many former resi- dents to move out of our town down valley to satisfyytheir housing needs. The retention of permanent residents in the town is very important to the ambiance and success of our community. The mix of visitors and local residents is one 'of the main ingredients of creating Vail's success. The ordinance as it exists has been very successful and should be left in force. The real issue seems to~~be "mass" in new structures. The 250 sf was never mentioned as a cause of too big a structure. What really needs to be addressed are those restric- tions that allow massive structures. Some of those are site cover- age, set-backs, height, overhangs, amount of enclosed but not covered areas, to mention a few. Yours y truly, Ro ney E. Slifer ' RES/jt v~ r