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Home My WebLink About1991-08-13 Support Documentation Town Council Work Session F~L VAIL TOWN COUNCIL WORK SESSION TUESDAY, AUGUST 13, 1991 11:04 AM AGENDA 1. Site Visit: Eagle Mine Tour - Meet at Municipal Building to shuttle to site - Wear waterproof, comfortable walking shoes . - Lunch will be provided 2. PEC Report 3. DRB Report 4. Discussion of Special Events funding with Vail Valley Marketing Board 5. Report on Court activity and trends 6. Second Quarter Financial Report 7. Proposed 1992 Capital Improvement Projects (continued) 8. Discussion of Proposed Parking Rates for 1991-'92 Season 9. Discussion of Proposed Amendments to the Zoning Code to provide for the implementation of the Employee Housing Study Phase I recommendations 10. Information Update 11. Other 12. Executive Session: Land Negotiations 13. Adjournment CMGENDAWS VAIL TOWN COUNCIL WORK SESSION TUESDAY, AUGUST 13, 1991 11:00 A.M. EXPANDED AGENDA 11:00 a.m. 1. Site Visit: Eagle Mine Tour Caroline Fisher Action Requested of Council: Meet at Municipal Building to shuttle to site; wear waterproof, comfortable walking shoes; lunch will be provided Backaround Rationale: Following the previous Eagle Mine Tour with Dames and Moore, the Council requested a tour of the actual site itself. 2:00 p.m. 2. PEC Report 2:10 p.m. 3. DRB Report 2:20 p.m. 4. Discussion of Special Events funding with Vail Valley Marketing Caroline Fisher Board Backaround Rationale: The Town Council requested a meeting with Marketing Board representatives to discuss the Special Events funding issue. The Council has been particularly interested in streamlining the process and utilizing outside expertise in such funding decisions. The Marketing Board will recap with the Council what has been accomplished along these lines to date, and possible options for the Council to move forward with. 3:05 p.m. 5. Report on Court activity and trends Buck Allen Backaround Rationale: Both the Court and the Council feel improved communication is beneficial to both concerns. 3:35 p.m. 6. Second Quarter Financial Report Steve Thompson Action Requested of Council: Review and ask questions as necessary. 3:50 p.m. 7. Proposed 1992 Capital Improvement Projects - (continued) Steve Barwick Action Requested of Council: Complete review of the proposed 1992 capital projects and make changes as desired. 4:35 p.m. 8. Discussion of Proposed Parking Rates for 1991-'92 Season Steve Barwick Action Requested of Council: Review Staff recommendation. Staff Recommendation: Approve recommended rates. i 4:50 p.m. 9. Discussion of Proposed Amendments to the Zoning Code to Mike Mollica provide for the implementation of the Employee Housing Study Jill Kammerer ~ Phase I recommendations; including the creation of a new Chapter in the Code, entitled Employee Housing, setting forth details with regard to employee housing units Action Requested of Council: No formal action is required at this time, however, feedback on the proposed amendments will assist the Staff in the drafting of the final ordinance. Background Rationale: The PEC is scheduled to review the employee housing amendments on 8/12/91. First reading of the ordinance will be presented to the Council on 8/20/91. 5:35 p.m. 10. Information Update 5:50 p.m. 11. Other 12. Executive Session: Land Negotiations 13. Adjournment C1AGEiJDA.WSE PLANNING AND ENVIRONMENTAL COMMISSION August 12, 1991 AGENDA 12:00 Site Visits 2:00 Public Hearing Site Visits Public Hearlnq 1. Review of a staff approval of a minor amendment to Special Development District No. 22, Garden of the Gods, Lot K, Block 5A, Vail Village 5th Filing/365 Vail Valley Drive. Applicant: Margaret Hill Marital Trust - Planner: Shelly Mello 2. 2. A request for a front setback variance for the Tupy Residence, Lot 33, Buffehr Creek Resubdivision/1901 Chamonix Lane. Applicant: Leon Tupy Planner: Andy Knudtsen 8. 3. A request for a major amendment to Special Development District No. 2, Pinos del Norte, Building C, Northwoods Condominiums/600 Vail Valley Drive. Applicant: Pinos del Norte Condominium Association Planner: Andy Knudtsen 7. 4. A request for a conditional use permit for an outdoor dining deck at the Siamese Orchid, Vail Gateway Plaza, 12 South Frontage Road/Lot N, Block 5D, Vail Village First Filing. Applicant: Chai Kulvet/Siamese Orchid, Ltd. Planner: Mike Mollica 6. 5. A request for a minor exterior alteration, and a site coverage variance for Super Star Studios, Gorsuch (Clock Tower) Building, Lots C, D and E, Block 5, Vail Village First Filing/263 East Gore Creek Drive. Applicant: Paul Golden Planner: Jill Kammerer 4. 6. A request for a major amendment to Special Development District No. 4, Cascade Village, to change the conditions for development for Area D, Phase IA, Glen Lyon Office Building. Applicant: Calumet Federal Savings & Loan Association of Chicago/Pierce, Segerberg, Spaeh Planner: Shelly Mello 1. 7. A request to amend the conditions of approval for Phases II and III of Vail Point relating to revegetation of foundations, 1881 Lionsridge Loop. Applicant: Steve GenslerNail Point Condominium Association Planner: Jill Kammerer 5. 8. A request for a wall height variance for the Samuels Residence, Lot 11- B, Block 7, Vail Village First Filing/224 Forest Road. Applicant: Bernard Samuels Planner: Mike Mollica 3. 9. A request to amend a development plan approved by Eagle County for Phase III of the Spruce Creek Townhouses, 1750 S. Frontage Road West/Spruce Creek Townhouses at Vail. Applicant: Michael 1_auterbachlGarl Dietz Planner: Andy Knudtsen 10. A request to amend Section 18.58.020 -Fences, Hedges, Walls and Screening of the Town of Vail Zoning Code Supplemental Regulations regarding enforcement of covenants restricting fence heights. Applicant: Town of Vail Planner: Jill Kammerer 11. A request to amend Chapter 18.04 of the Municipal Code -Definitions; to add a new definition for employee housing unit, and a new definition for bathroom. Applicant: Town of Vail Planner: Mike Mollica/Jill Kammerer 12. A request to amend Chapters 18.10 -Single-Family District, 18.12 - Two-Family Residential District, 18.13 -Primary/ Secondary Residential District, 18.14 -Residential Cluster District, 18.16 -Low Density Multiple Family District, 18.18 -Medium Density Multiple Family District, 18.20 - High Density Multtple Family District, 18.22 -Public Accommodation District, 18.24 -Commercial Core 1 District, 18.26 -Commercial Core 2 District, 18.27 -Commercial Core 3 District, 18.28 -Commercial Service Center District, 18.29 -Arterial Business District, 18.34 -Parking District, 18.36 -Public Use District, and 18.39 -Ski Base/Recreation District; to allow employee housing units as Permitted and Conditional Uses. Applicant: Town of Vail Planner: Mike Mollica/Jill Kammerer 13. A request to create a new Chapter 18.57 of the Municipal Code - Employee Housing, to provide specific development/ zoning standards for employee housing units. Applicant: Town of Vail Planner: Mike Mollica/Jill Kammerer P " 14. A review of a staff decision (per staff request -this is not an appeal) concerning a request for a wall height variance for Lot 1, Block 1, Intermountain SubdivisioN2684 Larkspur Caurt. Applicant: Robin E. Hernreich/Atwell Development Planner: Betsy Rosolack 15. Approval of PEC position letter to the U.S. Forest Service regarding private inholdings. Planner: Mike Mollica 16. Reminder of August 27, 1991 housing worksession with Housing Authority and Town Council. f • DESIGN REVIEW BOARD AGENDA AIIGIIST 7, 1991 3:00 P.M. REVISED 7/6/91 - 5:00 p.m. SITE VISITS 1:15 P.M. 1 Elk Creek Townhomes - 767 Potato Patch Dr, East Side 2 Elk Creek Townhomes - 767 Potato Patch Dr, West Side 3 Wertheim Gazebo - 774 Potato Patch Drive 4 Daly Residence - 782 Potato Patch Drive 5 Tupy Residence - 1901 Chamonix Lane 6 Oberlohr Addition - 2656 Davos Trail 7 McDonalds - 2172 N. Frontage Road 8 Hernreich Garage - 2684 Larkspur Court 9 Vail Glo Bollards - 701 West Lionshead Circle 10 Sundial Plaza Landscape Improvement Plan - Lionshead 11 Lifthouse Lodge - 555 E. Lionshead Circle 12 Lodge Tower - 200 Vail Road 13 Daily Grind Menu Board - 288 Bridge Street 14 Trope Residence - 1115 8ornsilver Circle 15 Arthur Residence - 3956 Lupine Drive 16 Streamside Duplex - 4551 Streamside Circle v: v::nw:::i.{{n... '-•.~{'::.i:x fixx?xrF:+f fFxxx::: r:/frv:xx: rerrn.... ...:?~??rr?:lm:: r:: ii::: r::. AGENDA 1. Gasthof Gramshammer - Landscape Plan AK 231 Gore Creek Drive/Lot H & I, Block 5-B, Vail Village 1st MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Consent approved. 2. Kravis - Outdoor Lighting Plan AK 424 Forest Road/Lot 4, Block 1, Vail Village 3rd MOTION: George Lamb SECOND: Pat Herrington VOTE: 4-0-1 Denied 3. Tupy - New Primary/Secondary Residence AK 1901 Chamonix Lane/Lot 33, Buffehr Creek Subdivision MOTION: SECOND: VOTE: TABLED TO AIIGIIST 21ST MEETING 4. Vail Recreation District - New Signage SM 292 West Meadow Drive MOTION: SECOND: VOTE: TABLED TO AOGIIST 21ST MEETING 5. Lodge Tower Sign Variance SM 200 Vail Road/Lot A, Block 5-C, Vail Village 1st MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 TABLED - Board directed applicant to resubmit smaller sign within 25 feet of grade. 6. Vail Glo Lodge - Bollards BR 701 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead 3rd Filing MOTION: George Lamb SECOND: Pat Herrington VOTE: 4-1 Approved with suggestion that the hill to the east of the new walls be seeded with wild flower mix. Sherry Dorward felt the landscaping was inadequate and she ? 7. Landscape Improvement Plan - Sundial Plaza, Lionshead JK MOTION: SECOND: VOTE: Conceptual Review. 8. Hernreich Residence - Garage Addition BR 2684 Larkspur Court/Lots 1 & 2, Block 1, Intermountain MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Approved with condition that PEC approve extension of wall and all zoning requirements are met. 9. Wertheim - Gazebo BR 774 Potato Patch Drive/Lot 11, Block 2, Vail Potato Patch a resubdivision of Lot 7, Block 2, Vail Potato Patch MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Consent approved. 3 10. Windstream Condos. - Replace Roof BR 4295 Columbine Drive/Windstream Condominiums MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Approved the charcoal color roofing. Every effort must be made to have the roof non reflective. 11. Daily Grind Menu Board BR 288 Bridge Street/A & D Building MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Approved temporary location with chain with condition that the applicant submit an application for a permanent location in two weeks. 12. Lodge Tower - Repaint windows, doors & balcony BR 200 Vail Road/Lot A, Block 5-C, Vail Village 1st MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Consent approved with the understanding that the paint color is flat not a gloss as sample appears and railing will be the dark color. 13. Oberlohr - Addition SM 2656 Davos Trail/Lot 3, Block 3, Vail Ridge MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Consent approved, providing all zoning issues are met. 14. Hubcap - New Sign SM 143 Meadow Drive/Crossroads Mall MOTION: SECOND: VOTE: TABLED 15. Streamside Duplex - Color Change SM 4551 Streamside Circle/Lot 18, Bighorn Sub. 5th Addition MOTION: Pat Herrington SECOND: Sherry Dorward VOTE: 4-0 Approved. Stain #080 28 Moorwood (Deep Red). East house to remain existing color. George Lamb abstained. t V 16. Daly Residence - Landscape Plan SM ` 782 Potato Patch Drive/Lot 16, Block 1, Vail Potato Patch MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Screen parking with 3 6-12'conifers; blanket steep banks; 12 Aspen min 2" some 3-4" in front and 6 Aspen min 2" some 3-4' in front of parking; Recommendation to improve shrubs. 17. Fried - Request to separate garage & residence SM 5124 Grouse Lane/Lot 7, Block 1, Gore Creek Subdivision MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Approved landscape to be submitted to staff. 18. Trope Residence - Modification to approved site plan JK to allow changes to driveway and adjacent landscaping. 1115 Hornsilver Circle/Lot 7, Block 1, Vail Village lst MOTION: George Lamb SECOND: Chuck Crist VOTE: 4-0 Following discussion this item was TABLED to a date convent for the applicant. 19. Lifthouse Lodge - Roof design changes over Pedal JK Power and Lifthouse Lodge Condominium entrances; roof material and color changes; band material changes; West elevation change to allow for emergency secondary access as required by the building code. 555 E. Lionshead Circle/Lot 3, Block 1, Vail Lionshead 1st Filing. MOTION: George Lamb SECOND: Chuck Crist VOTE: 4-0 Other changes approved: 1. Facade Changes 2. Window changes 20. Elk Creek Townhomes/767 Potato Patch--east side of AK Parcel A, siding changes. Lot 34, Block 1, Vail Potato Patch MOTION: Sherry Dorward SECOND: Chuck Crist VOTE: 4-0 Approved i R 21. Elk Creek Townhomes/767 Potato Patch--west side of AK Parcel A, New Residence. Lot 34, Block 1, Vail Potato Patch MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Approved with conditions. 22. Arthur - New Duplex AK 3956 Lupine Drive/Lot 4, Block 2, Bighorn 1st MOTION: George Lamb SECOND: Sherry Dorward VOTE: 4-0 Approved with conditions. 23. Buffehr Creek Townhomes - Temporary Development Sign MD 1710 Buffehr Creek/Lot 2, Resud. of Phase VI, The Valley Subdivision MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Consent approved. 24. McDonalds - Color change for roof trim MD 2172 N. Frontage Road/Lot 2, Vail Das Schone 3rd Filing MOTION: George Lamb SECOND: Pat Herrington VOTE: 5-0 Consent approved. 25. Lauterbach - new Primary/Secondary Residence JK 1458 Greenhill Court/Lot 21, Glen Lyon Subdivision MOTION: SECOND: VOTE: TABLED TO AUGUST 21ST MEETING MEMBERS PRESENT: MEMBERS ABSENT: Ned Gwathmey Sherry Dorward Pat Herrington George Lamb Chuck Crist (PEC) r STAFF APPROVALS: Byrne/Meyer - Changes to approved plans. Lot 23, Block 7, Vail Village 1st One Vail Place - Becher/Smead, remodel/new window. One Vail Place Condo. Red Lion Building - Redesign of balcony planter boxes. 304 Bridge Street Sheppard Duplex - Revise roof of east side garage. Lot 3, Block 1, Vail Village 6th Bighorn Townhomes - Trash enclosure for existing dumpster. 4718 Meadow Drive/Bighorn Townhouses Subdivision May Place - Repair and repaint menu board, new paint will match existing color of trim on Creekside Building. 223 Gore creek Drive/Creekside Building Canlo Colorado Enterprises, Inc. - Modifications to previously approved DRB application. 5198 Gore Circle/Lot 8, Block 5, Bighorn 5th Timber Falls Condominium Association - Trash Dumpster, relocation for building #8 & #9. 4516 & 4524 East Meadow Drive. Timber Falls Condominium Association - Installation of 2 windows above 2 existing slider doors, building #9. 4524 East Meadow Drive. Bridgewater Residence - Window changes, add 2 windows. Vail Rowhouses #11/Lot 1, Block 6, Vail Village 1st Phillips Residence - Retaining Walls. 2696 Davos Trail/Lot 6, Block C, Vail Ridge MUNICIPAL COURT REPORT I. New legislation from State affecting Court A. Expanded fine and jail range for Muni. Courts of Record 1. 0 - $1,000.00 fine 2. 0 - 1 year in jail B. Municipal Court Temporary Restraining Orders 1. Useful in domestic violence cases 2. Requires opportunity for hearings within 48 hours of issuance II. Options for new municipal ordinances A. Seatbelt Ordinance B. Infant restraint Ordinance C. Enact revised Model Traffic Code D. Domestic Violence Municipal Court Restraining Order E. Violation of Restraining Order Ordinance III. Trends in Municipal Courts A. US Supreme Court Cases 1. Riverside v. McLaughin B. Colorado Supreme Court Cases 1. Jury trial as a right vs. an elective procedure 2. Issues surrounding Defendant representing himself C. Increased Jurisdiction Trends 1. Proposal for Muni. Courts to handle license violations ie. DUS, DUR 2. Question of Muni. Courts handling first offense DUI a. the fine range is now the same 3. Small claims court activity 4. Rationale: state court system is becoming overcrowded a. Police chief organizations formulating the idea IV. Vail Municipal Court Trends (please see attached charts) A. Victim Restitution B. Increases in last four years 1. 30% new filings 2. 43.5 pre trials 3. 101 total cases handled C. Explanations for increase 1. Increased numbers of people in town 2. Additional police officers and police department operating at full staff D. Solutions for dealing with increased case load 1. Handle increased numbers in same time allotment 2. Increase number of fully staffed court days E. Requirements for increase in court days 1. Additional time in courtroom facilities 2. Additional hours for a town prosecutor NSW r ~ILIN G S COURT ACTIVITY NEW FILINGS THROUGH APRIL 1991 eoo LEG EN D f'~~ 1988 . zoo 1989 eoo ~~J 1990 19 91 w aoo I~ o v~ 400 v a z aoo goo ~ ioo 0 YEARS '1' ~'1'AT , CAS.; S HAN1.~ L:N; D TOTAL COURT ACTIVITY THROUGH APRIL 'O°° LEG E N D 19 8 8 ~soo ® 19 8 9 L~ 1990 ~ 6\\~ 1991 w 0 x w ~ ieoo v iooo soo 0 YEARS TOWN OF VAIL MEMORANDUM T0: Ron Phillips FROM: Steve Thompson DATE: August 8, 1991 RE: Second Quarter Financial Report Please find attached the Second Quarter Financial Report. The Town's financial condition for 1991 remains strong. The projected General Fund balance increase of $1.9 million is contingent upon financing the Berry Creek 5th filing for $2.1 million. Without the Berry Creek 5th funding the General Fund would end the year with a fund balance of $273,339. The majority of the savings in General Fund expenditures is primarily due to personnel vacancies. Several positions that were budgeted in 1991 have not been filled. We are estimating that retail sales tax collections will be right on budget for 1991 and that RETT tax collections will match last year's $1.4 million. The other revenues remain on track with our projections. Also included in this report is a schedule of proposed supplemental appropriations. All of the $2.4 million of supplemental appropriations, except for $623,008, have been approved in 1990 by the Town Council and are roll-forward expenditures. The balance of the appropriations which are not roll forwards are for the following projects: Streetscape design (drainage) $ 10,000 New buses (leased) 399,536* Municipal annex remodel 90,000 Police confiscation fund 108,947 Master transportation study 14,525 $623,008 * We are required to recognize the purchase price of the buses as r an expenditure the first year of the lease. TOWN OF VAIL SECOND QUARTER FINANCIAL REPORT 1991 August 8, 1991 TOWN OF VAIL STATEMENT OF PROJECTED CHANGES IN FUND BALANCE 1/1/90 - 12/31/91 SPECIAL CAPITAL REAL ESTATE PARKING HEAVY VAIL DEBT POLICE TOTAL GENERAL PROJECTS TRANSFER ASSESSMENT EQUIPMENT MARKETING SERVICE CONFISCATION FUND FUND TAX FUND FUND FUND FUND FUND FUND Fund Balance (Deficit) 1/1/90 2,392,355 8,996,729 2,032,983 167,110 342,075 5,386 2,355,465 0 16,292,103 1990 Revenue 11,964,998 8,483,139 1,653,952 297,965 1,340,232 663,834 4,103,010 706,244 29,213,374 1990 Expenditures 13,851,136 16,090,663 1,494,592 442,110 1,301,255 641,871 2,905,361 27,147 36,754,135 Gain/(loss) (1,886,138) (7,607,524) 159,360 (144,145) 38,977 21,963 1,197,649 679,097 (7,540,761) Audited Fund Balance 12/31/90 506,217 1,3891205 2.192.343 22.965 381,052 27.349 3,553114 679,097 8,751.342 1991 Revenue Estimate 14,970,406 7,683,300 1,622,070 335,000 1,402,168 650,000 4,856,183 40,000 31,559,127 1991 Expenditures Estimate 13,053,284 8,717,080 2,421,726 335,000 1,376,099 671,748 4,776,183 234,300 31,585,420 GaiN(loss) 1,917,122 (1,033,780) (799,656) 0 26,069 (21,748) 80,000 (194,300) (26,293) Pro'ected Fund Balance ...........2.4,23 339 . 35 . 2/ / 5 425..;::::>:::<:::>:::1>:392.68~;::...:.......,2 :965:::..:<:.::.;;.:.;. < ; . _ .97......:..... 725.x49:: 1 ~ ~ 2,...... ..............4.07 1.21..................56(31.............3 633.1. ...........484 7 ..............8. FNDBLCH SJT 8/8/91 1 SAL8STA1 Revised: 7/30/91 1 TONN Of VAIL SALES TAI BSTINATION AOl1ISBBBT Z Change X Change 1991 1991 frog frog dONid 1981 1982 1983 1984 1985 1986 1981 1988 1989 1990 ; 90DGBi ACTOAL 9ariance 1990 t;nbget January 514,102 675,186 696,752 742,262 881,304 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,680,000 1,711,717 31,717 7.OX 1.9X l:ebrnary 594,292 687,792 751,856 824,650 918,154 946,552 1,135,786 1,205,101 1,561,286 1,695,850 ; 1,788,000 1,735,969 ( 52,031) 2.4% ( 2.9%) darcb 697,464 853,648 971,828 1,084,814 1,187,520 1,316,652 1,378,?82 1,591,705 1,939,758 1,897,718 ; 1,997,000 2,032,155 35,155 7.1X 1.8X April 308,436 355,300 319,546 481,204 531,668 430,877 425,961 550,205 561,684 634,174 ; 635,000 609,563 ( 25,437) ( 3.9X) ( 4.0%) dap 135,774 147,378 156,588 166,2DD 162,912 244,981 245,518 170,567 215,548 236,359 250,OOD 248,162 ( 1,838) S.OX ( .7X) June 245,204 247,326 251,744 262,696 280,828 361,621 331,581 329,039 393,!10 448,227 415,000 458,400 ( 17,000) 2.2X ( 3.6%) subtotal 2,495,272 2,966,630 3,160,314 3,561,826 3,962,386 4,191,280 4,580,824 4,913,113 6,143,616 6,511,451 6,825,000 6,795,566 ( 29,434) 4.4X ( .4X) July 339,418 349,116 407,474 406,462 441,815 479,507 479,201 559,683 649,139 665,094 71!,000 August 332,724 348,156 984,338 402,792 386,985 512,513 536,904 575,887 668,119 678,011 726,000 Septe~ber 285,918 268.,598 324,670 384,864 340,L02 374,060 442,402 422,502 4fi9,032 482,328 518,000 October 225,024 223,830 198,614 206,248 209,282 231,504 213,951 291,204 335,740 364,002 ; 381,000 Nove~ber 210,251 245,894 281,704 310,588 229,083 376,651 386,210 376,295 430,820 438,731 460,000 Deceeber 820,762 737,506 853,1D0 906,758 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,726,000 TOTAL 4,709,312 5,140,330 5,61D,214 6,179,538 6,481,608 7,338,801 7,945,164 8,654,572 10,311,144 10,764,896 ; 1L,350,000 6,795,566 ( 29,434) 2 BBTt Revised: 8/ 1/1991 TONN OF YAIL HBAL BSTATB TBANSFBH TAI History and Gadget 1991 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 ; 1991 1991 BODGBT NOMTB ACTOAL ACTOAL AGTOAL ACtOAL ACiOAL ACTOAL ACTOAL AGTOAL ACTOAL ACTOAL ACtOAL ; BODGBt ACTOAL YA9IANCB Jannary 63,999 98,089 106,981 119,972 78,053 80,733 101,374 131,918 96,119 309,233 182,95! ; 104,139 165,141 81,002 February 40,595 69,018 105,024 132,220 86,289 170,052 64,906 44,040 109,873 1!0,192 133,085 ; 94,373 71,!13 ( 22,960} Barcb 69,886 126,935 109,533 137,820 62,693 63,831 92,557 38,791 68,104 145,957 77,995 ; 86,3!1 183,698 91,351 April 16,855 94,653 65,900 103,526 113,321 90,396 182,143 95,554 179,611 151,069 152,021 ; 119,168 108,040 ( 11,128) day 42,738 . 84,324 54,663 90,599 96,OOfi 228,673 98,651 120,984 99,736 220,299 161,972 ; 110,225 96,994 ( 13,231) June 62,239 125,433 54,488 140,638 T6,46T 49,513 79,915 73,509 101,364 122,466 136,364 ; 88,783 141,863 53,080 July 49,367 186,110 104,262 68,539 157,598 88,528 70,441 47,949 126,531 125,675 75,169 ; 92,391 132,042 39,645 Subtotal 405,619 18!,562 600,851 793,314 130,427 711,726 690,581 552,7!3 781,!04 1,214,891 905,566 ; 695,426 899,191 203,765 Angnst 19,859 115,499 11,282 97,806 58,937 32,860 100,182 61,131 109,315 86,341 71,486 ; 19,193 Septe~ber 59,800 113,992 49,332 96,746 64,671 48,516 108,167 18,819 l1fi,557 1!3,306 75,145 ; 81,485 October 106,510 154,000 42,498 122,546 88,732 109,633 93,860 124,291 177,360 241,393 118,986 ; 117,125 Noie~ber 102,623 101,768 81,698 91,385 105,109 74,909 89,047 !14,839 241,888 165,964 102,210 ; 102,481 Dece~ber 142,662 133,861 110,911 56,533 81,890 333,139 106,695 95,!95 192,947 192,131 101,880 ; 1Zl,290 TO1AL 899,133 1,409,688 956,512 1,258,330 1,129,166 1,310,18) 1,188,538 1,021,324 1,619,411 2,0!4,638 1,381,873 ; 1,200,000 899,191 203,165 3 :::..::::::.::::>:>:»>°:::»:>:><>::»<:>:»>°: ..:..9~ NANCIAL l~~pCy#~T . . T 1U!_ TES;:74.;1f~AR.;:ht~:Q«.;:;::.;>::.::.>:::::.:;:;;::::::;;:<.;:;;;::::.;::>;;::<.;;;;;>;;;>:::::>;:::>;:: .1991 1.9.9 ~ 1/ ENERA F.' ND..REVEN U _ U BUDGET`<° ' :`.;ESTIMATE:: QUER/~UNDER} Taxes Pro e & ownershi Taxes 1 p rty p , 930, 53 , 9 0, 53 ,;;.1;Q,Q:OQ.; Retail Taxes 2 7 6 9 2 7 . , , 0.. 888 000 9 0 000 <>'>>;< ::><_':«::<::< Ski lift Tax 1 X2,000.. Franchise Fees 447 4 000 56 000 >''>><<>>''''0> , :9.,...0....:0.: Penal & Interest 36 000 39 000 ';><>'<'>>>; <>:.:>>,< tY ,:::::::.:::..3., O.QO... Subtotal Taxes 9,597,281 9,641,281 ,,,,,;;,44;.0:00,'; 5 98 225 `1`'<:; <::>::; ons ti C truc on Fees 17 9 02 2 , 1.::::9,200.; i L censes P r it & em s 36 200 44 600 <<>>> > , .;:.;;;:.;.8,40,0.:. 836 >'<~><~><"?;>:;,,., ha C r es fo r ervices S 22 7 5 2 30 30 9 _;:.;:.;:.;5.,::1:;06>: Trans a ' ort tion e C nters 1 37 2 8 60 1 7 p ,5 ;;..(6,736 Inte r ov r e nmenta r I evenue 789 850 7 2 9 6 , 50. Fines & Forfeitu res 1 7 9 6 00 21 2 7,;6:80;: rY 0 50 000 Ber ree C k th Fin 5 an in c 21 9 ...;,.:.;:..:2,1:50,, 0:00:. Other 527,995 226,060<><>`'!'(301935 TOTALGF:REVENUE : 1<2;931:941 14,970,406 2,038,46:5: ~ 1 991: 1991 VARIANCE G:..EN:ERAL FUND EXPE:NSE.S;:'' : BUDGET .;ESTIMAl'E OVER/UNDER) Town Officials 655,492 642,302 ; >(13,t90 Administrative Services 1,002,654 971,725 ;:;:;:::;;::::<:::>:>:(30,;929. . Community Relations 199,332 191,332 ,,..:::..(8,000. Community Development 788,786 751 860 ;'>><<'36 926 Police 2,469,607 2,432,679>;;><<>:36;928 Fire 951,695 952,784 <<<;<'0$9< Public Works 1,965,772 2 046 252 `><`<<>><>»8'0>`4:80 Transit 1, 569, 836 1, 622, 880 '><<>5.3.0`4' Transportation Centers 980 399 1 020 309 ><<><>'>`<" 39`' ` VMRD Contract 4 5 24 3 3 4 p' 5 3 24 3 Libr a 5 4 rY 6 027 71 5 4 , 7,403;;: Insurance ~ 432,545 430,200:>;;;;:;;;;::;.:;;;;;;::,(2,;3;4.5: Contingency 50,260 50,260:::;;:>;>::>:::<:>>>:.>:;»:>:>:>'''0 Contributions & Events 709,650 699,528 ,(10,Y22 Employee Benefits 187,065 126,500 :(60,565' ~ TOTAL GF EXPENDITU,RES , 1:3,,070;363 13,0.53.,2;.8.4 ; (17,OZ9. RPLUS 4 1:991 1.991 VARIANCE CAPITAL. PROJECTS REVENUE::::: BUDGET ESTINIATE::. OVER/(IJ;ND:ER}: Retail Sales Tax 5,101,000 5,101,000 , 0. Count Sales Tax 192,000 185,000 <:<>;<;<' ::7;:00;0 Y ( Ski Lift Tax 888,000 910,000 :jl'22:0:00< Recreation Amenities Fees 20,000 50,000 ;:>:;;:::::;;;:<I;3Q;,D:00;,; Earnings on Investments 181,000 200,000 ,,,,.....,:.,,.,,,,,..,,,,.',.1,9,0:00;; . Other Income 74,000 50,000';(2;4000 Bus Lease 4 4 0 00 00 000 » <;<>»>>> 0 0 0:. R e ETT Loan R a ment 507 300 507 300 P Y , ....:::.0....: Willow Brid a Grant 2 280 000 80 000 «>`'><<::><«><«>'> 9 0.: ~ TOTAL REVENUE ;...:....7,643,300..:.. 7,683,30... ::.:40,0:00: ` 199.1. ' : " 19;91 VARIANCE CAPITAL PROJECTS FUND EXP BUDGET ;ESTIMATE. OUER/4UND:ER)> VTC Community Improvements 563,000 583,000:....;.::: 20,000; Willow Brid a Re lacement 365,750 410,000 «`:::::4:'4``25:0::: 9 P Ski Museum Interior 110 000 110 0 Munici al Annex Remodel 156 195 156 195 » p 0:. Fire De t Breathin A aratus 4 9 0 3 9 . 78::1!;. 3 6 4 17 Town Snow Dum 226 660 340 000 `>>>>1 4>' t reet Mainte S Hance Im rov & ements 1222 2 000><>'''''':`><<>:»>> 000 1 2 2 p 0.: / C 200 000 225 000 '<<,`'»>;>,2:«<><:::`;;': now S Dum Road verla ho o I O S m ex Pa ' rkin tr c u ture Maintena S nce 35 000 35 000 < ' 9 0.. Communication S stem Maint. & Re lace 227 604 227 604 ><0' Y p , Recreatio n Paths Mai ntenance 000 81 000 1 8 , 0:. 0 000 ''''`<>><<> 20<:0.. , M' isc Buildi n Maint n e ance 0 5 000 7 9 0..0...: Muni i c al I Com ex 24 9 000 24 9 000 : p P 0.: treet ' S Li hts 30 000 30 000 '>>'<'<<><<<>><>>: ' 9 0. Dob o s n Aren a Floori n 30 000 :>>>><<><><>»'' ' 30 000 9 , 0.. Pulis ' Brid e 1 55 1 3 553 » ` 9 , , 0...: 'r FieDe tF urniture 24 0 4 2 0 P <<0< treets S ca e D i es n 4 0 7 p 9 ,53 0; i na S e Pro'ec t 1 39 6 0 1 : 39 6 9 9 1 , 0.. Bus Re la cement 41 6 036 41 6 03 p 0..:. nde U r rou nd Electric ' Lines 1 0 00 0 10 000 <<»'>>>'<<``> 9 0.: 0 503 C m uter Pro'e ct 177 503 177 p J , Q:. Villa e Parki n tructu S re 2 1 8 02 6 6 281 02 9 9 p Ta r nsfer t o Deb t ervic S e 3 783 597 72 , , 9 .............(0.1:..000. . L.: EXPE.ND.(TU. R ES , ` .::..;:::;:::::>;8 55.6 271.:....:::::8' 71.7 ..,.::......,.0:80 _..:::.:.160,:809::: ...................:51~....~iOATEAtt~.;:.::.;;:<:.;.::..:::..: X912,971} (1,033,780) :;;;;:;;.<::~120,809 5 • . 1991 ' 1991 ,VARIANCE { ,;LQTTERY.FUND ' BUDGET >ESTIMATE; .OV,ER/(U.NDER}:. REVEN E U 8 000 9 000 EXPENDIT RE U S 8 000 9 000'`<`<><»'»><<>»<'< , 1..,Q.00., SURPLUS: SHdRTFALL _ ;::;::<:>::;::»:<:<::: - - : < ;.:.:::<::::1`991 T:g f 9 ,VARIANCE ...:REAL:ESTATE TRANSFER TAX BUDGET... ESTI'IVIATE; OU;ER/~UND~R R V E ENUE R ETT Taxes 120 14 0 000 00 000 :>>>>200'0'00 of G f Course Lease RD 77 070 77 7 , , Earnin son Investments 141 000 145 000 >>4 :000> ~ TOTAL. REVENUE. ; 1;418;070 .1,.,:622,070 :::::204,00O:::J EXP ENDIT R U E S Purc a h se o f en ac O S e 4 3 0 932 340 932 >>>''>><»><>»>>` p P 0...: Transfer to Debt Service Fund 366,086 366,086 ,::;:,.;;:;;;>;<>;0' Loan Repayment 507,300 507,300.,,, 0 Open Space Projects 1,368,392 1,207,408 :':<;:,;::>;>(1;;,6;0;98;4: .TOTAL RETT'.EXP;ENDIT:URES.. . ;;2,.582;:71:0 :;....2,421,:7.26 <:::<::: / SHORTFALL:::::::;..,.:.:.... < ; ~ : ( 1. 1..6.E 6:40 :79:9.6:56 1 991.: 99 VARIANCE 1 t ;.HEA~/Y EQUIPMENT FUND: BUDGET :.,;ESTIMATE; Q~/ER/(UNDER}. REVENUE 1, 405,168 1,402,168 _ ..,.,,,,;,;(3;,000: EX PEN DIT URE S 1 3 66 0 99 1 7 3 6 09 ~;i !R; <:::i:i i:i : <.t i : is i:i ii :i:: ;iiii:i:iiii::i:i:i:i:<:iii%:i2: is<:i:aiyi%>ii:> i:i:y;:.. ~ ~i2i: ~ itii:i22i2:i:;:..:...: < : ~:i:i:i: isiii?i<it<~iiiii~i>~'>'?~: ~ ~i~''> i ~»<>..SU F?LUS~. SHQR:TFALL . 6 ; ;:>::>1991 ~ ~ VAR ' SPECIAL PARKING ASS_ESS.M.ENT._FUND' BUDGET>:::::':ESTI!MATE; OV;ER/(U:NDER} REVEN UE Parkin Assessments 0 000 30 00 >'><<>>>>><<<>`< 3 9 ,0 ;;:.::.:::Q.; Dail Parkin Revenue 2 35 000 297 0 Y 9 ;:::.:::,O:QO: Earnin son Investments 9 000 8 000: »><'«<>><; 1,040. _ , OTALS A REVEN .....::::::::.:::::::::::::::::::.::::::................................27.4.000.::::::::.::.>::::::33..5 00:0:::.::>:::::>::'.;:6.1.:00.0::: XP I R E END TU ES 00 335 000 '`«;:<<::::<>:::>:: Transfer to Debt ervice Fu S nd 274 0 61.,.Q00:. ~TQTAL>SPAF:EXPEN.DITURES'::.'':'`;:`" ; 274;OQQ 3.35,00;0..:.::.......:61,000: 44.~ ~j E~:;±f5~!~~, ..~~P:~ ~::::~~~:~`~::~~<`~~<>~`:~~;~;:~':'~'~`3Gs?%i Y?it`<''"ti`s°aytl333`'~'~~~~'i`i'Y%Zs22yyT%<«~2s>%~`isi>ici~Y>?siii<"': UR;::.LUSf::(S:HaRTFALL~.::;: _ , _ 0 _ :.;;:0::~ 1991: 1901 .VARIANCE.. MARKETIIVG:FUND ;;..BUDGET ...:ESTIMATE:. OVER/~UNDER):.;~ R V E EN E U 30 000'>><><>><»<> Business Licen ses 25 3 000 3 , 5,.000>: T V O Marketi u n F nd 160 500 1 60 50 9 0.. they Ma O rketin Contribut'on i s 1 40 000 140 00 9 0..;. Misc II e aneous 1 000 9 500: `><»>>>`'< < , ;.>;;;8, 5:.00:: 9 000 10 000 > . Earnin son Investments 12 , , (2,00 TO.TALMARK.ETING REVENUE 638:;;50.0 650,00:0 11,5:00: EXP:ENpITURES ' ~ : 638;:500..:. 6.71:,748:. _ _ 33, 248': 0::.::::::;;:.:::::..::. ; 1991 1991 VARIANCE ; POLIC.E:;CONFISCATION;.FUND BUDGET ESTL;MATE OVER/(UNDER R EVEN E U f' Con iscat' ion r P oceed s 1 1 00 0 11 00 0 , >t7 E arnin s on Investme nts 2 9 000 9 9 000 ><><<<<«'?>>< 2 , 0:. 4.0 , 0.0.0.;:.>::>: 4:0 Q Q 4 « <:0:; EXP EN I DT R U E S Dete ' ctiv e Pos' i it on 41 000 41 0 , ;:.;Q:. E u' i me nt q 1 9 3 300 300 >><<»><`<»'<<< 1 93 P 0, TQ:TAL P.CF ;EXPE:NDITURES .23.4,:300: 234,3Q0 .........:.....:::.:::.::..:..;;:::0; LUS/..~SHORT~R~.L):::::;:.;::.:.:.::,:~ (194,~0£I ;;.;:.;:;::~.1.~~,300>:::,::;;;;:. ;.;:.;::«::<::<::0;:: ) 1 ~ TOWN OF VAIL SCHEDULE OF PROPOSED SUPPLEMENTAL APPROPRIATIONS NEEDED IN 1991 AMOUNT OF SUPPLEMENTAL FUND PROJECT APPROPRIATION General Fund Channel 8 TV Spot 1,500 Library Book Purchases 3,355 Zoning Code Rewrite 24,600 Master Transportation Study 14,522 Hazard Material Trailer 5,100 SUBTOTAL: GENERAL FUND 49,077 Capital Projects Street Projects (28,000) Pulis Bridge Engineering 1,553 Willow Bridge Engineering 45,750 Dobson Arena Flooring 15,000 Streetscape Design 40,537 Muni Bldg/ Post Office 16,195 Communication Equipment 207,604 Signage Project 39,610 Underground Electrical Lines 10,000 Computer Project 68,183 New Snow Dump Design 16,660 Village Parking Structure 281,026 New Computer 109,320 Buses (leased) 399,536 Municipal Annex Remodel 90,000 Fire Dept Furniture 240 SUBTOTAL: CAPITAL PROJECT FUND 1,313,214 RETT East Vail Rec Path 227,879 Vail Trail Safety 2,200 Gore Cr Promenade 1,576 Stevens Park Design 18,974 Intermountain Pocket Park (Pool Site) 9,782 Dowd Junction Rec Path Design 20,071 Spraddle Cr Parcel Purchase 350,000 Golf Course Maint Parcel Purchase 75,000 Town Landscaping (E. Vail Exit) 51,471 Ford Park/Gold Peak Path 20,439 SUBTOTAL: RETT FUND 777,392 Lionshead Project Fund Capital Improvements 76,744 Police Confiscation Fund Computer Equipment & Detective Position 176,300 GRAND TOTAL 2.392.727 rollfwd9 sjt 8/8/91 8 . CONTING TOWN OF VAIL COCTNCIL CONTINGENCY REPORT as of August 8, 1991 ACCOUNT 01-0100-52857 Original Budget $144,600 USES: O1-0100-51210 Land Exchange Professional Fees 16,000 O1-5110-51210 Regional Transportation Study 2,5(10 01-8300-52903 Symphony of Sports Donation Incr. 5,500 O1-83(10-52836 Additional Bravo! Colorado Donation 7,5(10 01-8300-52815 VVI Condominium Dues 7,100 O1-2100-51252 Housing Authority Professional Fees 25,000 O1-XXXX-XXXXX 1991 July 5th Fireworks Show 2,100 O1-8300-52906 Support VVF Mountain Bike Campaign 5,000 01-0100-51210 GHI Bankrupty Monitoring 8,640 01-83(10-52907 Symposium Donation 1(1,(100 01-83()0-52818 Mtn Bike Biathalon 5,(100 Total Contingency tlsed 94,340 Council Contingency Remaining: $50,260 9 MEMORANDUM TO: Vail Town Council FROM: Steve Barwick ~ a~~~ DATE: August 8, 1991 RE: 1992 Capital Projects During the recent presentation of proposed 1992 Capital Projects, I realized that a discussion of "The Big Picture" was noticeably absent. Following are my thoughts on this issue as it relates to the capital budget. As you may have noticed, a decreasing number of new projects appear on the "Capital Improvement Projects" list. Abetter categorization for most of the listed items would be "Capital Maintenance Projects". The reason for this is really quite simple. As the Town has added new projects and services (e.g., the parking structure addition and increased bus service) the corresponding need for increased annual capital maintenance has grown proportionally. Our current estimates show that the entire Capital Projects Fund budget for the next several years is needed for strictly capital maintenance. This fact argues strongly that the Town has reached an equilibrium. That is, we have only enough funding to properly maintain our current capital inventory. In fact, if the assumptions from the latest five year budget projection are correct, the Town will not be able to fund $3.5 million of "Essential" projects between 1992 and 1996. While we may delete or change some of the items on the list, we would have to be quite fortunate in order to fund both our needs and our wants. Does all of this mean that the Town will not be able to do any new projects within the next few years? We do not believe so because alternatives are - available. Unlike many other communities, Vail has not consistently deferred maintenance items in order to fund new projects. The result of our sound maintenance practices is that the Town's capital inventory is in relatively good shape and we are not faced with an impossible task in maintaining it. Therefore, we should be free to apply most savings and new revenues to the pursuit of actual community improvements. CAPITAL PROJE~ t 5 MEMO AUGUST 8, 1991 PAGE 2 RECOMMENDATIONS My recommendations regarding capital project funding can be summed up by the phrase "look before you leap." Toward this end, the Town of Vail should seriously consider the following: • Refrain from taking the first steps on a capital project (i.e., costly study and design} until we are reasonably certain that both the revenue and the political will are available to ~?~~.~plete the project within a few years. • Re-examine the desirability of current services and capital imvrovement projects. Are they really higher priorities than the items on Council's wish list? • Re-examine the balance between the Town's revenue flows and the type of community we wish to become. Since our current funding sources are largely consumed with providing current services, debt service, and the need for capital maintenance, new projects must logically be funded by either new revenue sources or cutbacks in service levels. In order to responsibly prioritize capital projects for the 1992 budget, Town Council should take into account the long term view. It is highly unlikely that we will be able to continue funding new projects without re-examining our current priorities and/or pursue new funding sources. SHB/ds r TOWN OF VAIL MEMORANDUM TO: Town Council FROM: Steve Thompson DATE: August 8, 1991 RE: Parking Revenue Enclosed is an analysis of the subsidy required to fund parking operations and the present and proposed fee structure for 1991-1992 parking fees. The recommended rate structure would generate an additional $259,229 or 17~ more than our 1991 budget. This substantial increase is necessary in order to make up for the years the Town should have increased rates just to keep up with inflation. These recommended increases are well below the parking and transportation task force's recommendations. we look forward to discussing this issue further on Tuesday. SUBSIDY REGIUIRED BY THE VILLAGE AND LIONSHEAD PARKING STRUCTURE OPERATIONS Cash Basis: Revenue Parking Revenue $1,571,000 Space Lease 60,260 Total Revenue 1,631,260 Expenditures Debt Service 2,795,855 Operating Expenses 1,029,419 Capital Budget 225,000 Total Expenditures 4,050,274 Net Subsidy ($2,419,014) Proprietary Basis: Revenue Parking Revenue $1,571,000 Space Lease 60,260 Tota! Revenue 1, 631,260 Expenditures Depreciation (30 Years) 672,554 Interest on Debt 477,665 Clperating Expenses 1,029,419 Capital Budget 225,000 Total Expenditures 2,404,638 Net Subsidy ($773,378) ANALYSIS OF PARKING REVENUES VILLAGE & LIONSHEAD HOURLY PARKING RATES, VILLAGE LIONSHEAD 90-91 90-91 CURRENT PROPOSED NUMBER NUMBER % OF CURRENT PROPOSED HOURS FEE FEE OF CARS OF CARS TOTAL REVENUE REVENUE 0 thru 1.5 FREE FREE 65,448 64,034 35.4% $0 $0 1.5 thru 2 $2.00 $3.00 22,561 9,746 8.8% $64,614 $96,921 2 thru 3 $3.00 $4.00 30,769 12,178 11.7% $128,841 $171,788 3 thru 4 $4.00 $5.00 16,021 8,834 6.8% $99,420 $124,275 4 thru 5 $5.00 $6.00 11,652 7,908 5.3% $97,800 $117,360 5 thru 7 $6.00 $7.00 30,989 27,149 15.9% $348,828 $406,966 7 thru 9 $7.00 $8.00 24,897 20,792 12.5% $319,823 $365,512 9 thru 11 $8.00 $9.00 5,556 3,168 2.4% $69,792 $78,516 11 thru 13 $9.00 $10.00 1,465 643 0.6% $18,972 $21,080 13 thru 15 $10.00 $11.00 591 122 0.2% $7,130 $7,843 15 thru 24 $12.00 $13.00 1,161 107 0.3% $15,216 $16,484 211,110 154,681 100.0% $1,170,436 $1,406,745 Less: Coupon Transactions Included ($19,000) INCREASE IN VILLAGE & LIONSHEAD HOURLY RATE REVENUE $217,309 COUPONS. PASSES. & FORD PARK FEES CURRENT PROPOSED NUMBER INCREASED FEE FEE SOLD REVENUE COUPONS $3.00 $3.50 38000 $19,000 BLUE PASS $400.00 $450.00 183 $9,150 GOLD PASS $750.00 $850.00 122 $12,200 FORD PARK $5.00 $6.00 1570 $1,570 TOTAL INCREASE IN PASS, COUPON, & FORD PARK REVENUE $41,920 $41,920 TOTAL INCREASE IN ALL PARKING STRUCTURE REVENUES $259,229 r, • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 12, 1991 SUBJECT: A request to create a new Chapter 18.57 of the Municipal Code -Employee Housing, to provide four types of employee housing units and to set specific development/zoning standards for employee housing units. Applicant: Town of Vail Planner: Mike Mollica/Jill Kammerer I. BACKGROUND AND HISTORY In January, 1990, the Town of Vail, assisted by the consulting firm of Rosall, Remmen, Cares (RRC), of Boulder, Colorado, began the task of developing an affordable housing study for the Town. A goal of the study was to provide a series of policies and recommendations addressing the community's need for expanding the supply of affordable housing for both year-round and seasonal, local residents. The Town Council immediately established a Housing Task Force. Council appointments to the Task Force included representation from the Council, the Planning & Environmental Commission (PEC) and members of the community at large. Following months of study, work sessions and public hearings with the Council and the PEC, the Town of Vail Affordable Housing Study was unanimously approved (by a vote of 6-0) by the Town Council on November 20, 1990. On March 25, 1991, the Planning and Environmental Commission, by a vote of 6-0, unanimously recommended approval of the staff's proposed changes to the zoning code for the provision of employee housing units. Since that meeting, the staff has re-evaluated the organization of the different types of employee housing units, for inclusion into the zoning code. Attached is a draft Ordinance which provides for the following: 1. The creation of a new Chapter 18.57, entitled Employee Housing. 2. The addition of two new definitions, which shall be included in the definition Chapter of the Municipal Code (18.04), entitled "Employee Housing Unit" and "Bathroom." 3. The provision of four types of employee housing units and setting forth the details with regard thereto. The employee housing unit types shall be designated as Type I, Type II, Type III and Type IV. 1 II. DISCUSSION ' A. Currently, the application fee for a conditional use permit is $200. As proposed in the attached ordinance, the Type II, Type III and Type IV employee housing units would all require a conditional use permit. The issue here is whether the Town should waive the conditional use permit application fee for the three types of employee housing units listed above. Staff believes that the fee should be waived. B. The 250 Ordinance, as set forth in Chapter 18.71 of the Municipal Code, currently provides for an additional 250 sq. ft. of GRFA to dwellings which meet certain standards. One of those standards is that at Least 5 years must have passed from the date the dwelling unit was issued a Temporary Certificate of _ Occupancy, or a minimum of 6 years must have passed from the date the original building permit was issued for the construction of the dwelling unit. The issue the staff would like to raise for discussion here is whether the Town should allow the immediate use of the 250 Ordinance to those applicants who would propose to apply the 250 sq. ft. of GRFA to employee housing units, as ' stipulated in the development standards set for the Types I, II, III and IV employee housing units. Staff supports the use of the 250 Ordinance without the 5 year waiting period. C. Attached to this memorandum is a letter from an outstanding member of our community, Ned Gwathmey, dated July 15, 1991, to Kristan Pritz, the Community Development Department Director for the Town of Vail. Mr. Gwathmey's recommendation is that an additional incentive, besides the proposed density bonus, should be granted for those applicants proposing to add an employee dwelling unit on their property. Mr. Gwathmey recommends that GRFA bonuses be granted to those requesting such employee housing units. The issue for discussion here is whether the Town of Vail should provide GRFA bonuses for applicants proposing to add employee dwelling units on their properties. One idea for providing this incentive would be for the Town to grant a GRFA bonus of up to 100-150 sq. ft., and it would be required that an applicant match this GRFA by utilizing some of the allowable GRFA for the property. III. STAFF RECOMMENDATION In order to implement the phase I recommendations of the Town of Vail Housing Study, staff recommends approval of the attached Ordinance. The recommendation from the Planning and Environmental Commission shall be forwarded to the Town Council during their review of the Ordinance. We recommend approval of the changes as written in the attached draft ordinance. Staff will include the above items 11(A-C) in the ordinance once the PEC makes their final recommendations. c:\pec\tov\housi ng.812 2 JUL ~ ~199t _ 'c~ •1 R ~ July 15, 1991 Ms. Kristen Pritz, Director of Community Development Town of Vail 75 South Frontage Road West Vail, CO 81657 Re: Affordable Housing Units Drafted Ordinance Dear Kristen: The draft ordinance, specifically AHU Type 1 for Affordable Housing in the primary/secondary zoning, lacks any incentive other than allowing a second or third kitchen. I suggest many owners would add a unit which would meet all the conditions and be available for long term rental if square footage in excess of GRFA, 425, etc., were to be given. I suggest an employee unit cannot be much less than 400 square feet and that the allowed 425 per unit not be applicable. I have a number of clients who are absentee owners and would build caretaker or au pair units but not at the expense of reducing their accommodations. I think we should encourage and give incentives; otherwise, the time/energy/paper is wasted. The end, i.e. employee accommodations, is worthwhile. Please don't hesitate to call if you want additional free advice. Sincerely, ARNOLD/G~~JATHMEY/PRATT ARCHITECTS, P.C. Edward M. Gwathmey, AIA EMG/ad copy to: Steve Kirby Mike Shannon Walter Forbes _ ORDINANCE NO. _ D I [1 S ri f 1 uu ~ ~ e es o 991 U AN ORDINANCE CREATING A NEW CHAPTER 18.57 -EMPLOYEE HOUSING AND SETTING FORTH DETAILS THERETO; AMENDING CHAPTERS 18.10, 18.12, 18.13, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.27, 18.28, 18.29, 18.34, 18.36 AND 18.39 TO PROVIDE FOR THE ADDITION OF EMPLOYEE HOUSING UNITS AS CONDITIONAL USES WITHIN CERTAIN ZONE DISTRICTS WITHIN THE TOWN OF VAIL AND SETTING FORTH DETAILS IN REGARD THERETO,; AMENDING CHAPTER 18.04, Sr ~ ~ iNG FORTH CERTAIN DEFINITIONS FOR AN EMPLOYEE HOUSING UNIT AND A BATHROOM. WHEREAS, The Town of Vail's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests; and WHEREAS, Vail's ability to provide such service is dependent upon a strong, high quality and consistent work force; and WHEREAS, to achieve such a workforce, the community must work to provide quality living and working conditions; and WHEREAS, the Town recognizes the importance of its role in these efforts; and WHEREAS, the availability of housing plays a critical role in creating quality living and working conditions for the community's workforce; and WHEREAS, in January, 1990, the Town of Vail, assisted by the consulting firm of Rosall, Remmen, Cares of Boulder, Colorado, commenced the preparation of an employee housing study for the Town of Vail, which assessed the community's need for expanding the supply of employee housing for both year-round and seasonal, local residents, and provided a series of policies and recommendations to be followed by the Town of Vail; and WHEREAS, the Town of Vail Affordable Housing Study was completed and, following months of study, worksessions and public hearings with the Town Council, the Planning and Environmental Commission and the general public, the study was approved by the Town Council on November 20, 1990; and WHEREAS, the study concluded there is a shortage of employee housing in the Town of Vail; and WHEREAS the Town Council now wishes to implement recommendations and policies set forth in the Affordable Housing Study for the provision of certain types of employee housing as a permitted or a conditional use in certain zone districts within the Town; and WHEREAS, on March 25, 1991, and August 12, 1991, the Planning and Environmental Commission reviewed and approved these recommendations; i r. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF . VAIL, COLORADO THAT: Section 1 1. Section 18.04.002 -Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of a definition for Employee Housing Unit (EHU) to read as follows: "Employee Housing Unit (EHU)" is defined as a dwelling unit, which may have a restricted floor area that shall not be leased or rented for any .period less than 30 consecutive days, and shall be rented only to tenants who are full-time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail and Avon and their surrounding areas. A full-time employee is a person who works an average of thirty hours per week. There are four types of EHUs: Type I, Type II, Type III and Type IV. These units are further defined in and regulated by Chapter 18.57 - Employee Housing. 2. Section 18.04.007-Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of a definition for bathroom to read as follows: "Bathroom" is defined as a room equipped for taking a bath or shower and containing a sink and toilet. Section 2 1. Chapter 18.57 -Employee Housing - of the Vail Municipal Code is hereby created. Chapter 18.57 shall read as follows: Employee Housing 2. Chapter 18.57 -Employee Housing Sections: 18.57.010 -Purpose 18.57.020 -Applicability 18.57.030 -Employee Housing Units (EHU) Generally 18.57.040 - Type I -Employee Housing Unit 18.57.050 -Type II -Employee Housing Unit 18.57.060 -Type III -Employee Housing Unit 18.57.070 -Type IV -Employee Housing Unit 2 3. 18.57.010 -Purpose The Town of Vail's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistent workforce. To achieve such a workforce, the community must work to provide quality living and working conditions. The availability of housing plays a critical role in creating quality living and working conditions for the community's workforce. The Town recognizes the importance of its role in insuring housing is available for the community's workforce. 1n January, 1990, the Town of Vail, assisted by the consulting firm of Rosall, Remmen, Cares of Boulder, Colorado, commenced the preparation of an employee housing study far the Town of Vail. This study assessed the community's need for expanding the supply of employee housing for both year-round and seasonal, local residents, and provided a series of policies and recommendations to be followed by the Town of Vail. The Town of Vail Affordable Housing Study was completed and, following months of study, worksessions and public hearings with the Town Council, the Planning and Environmental Commission and the general public, the study was approved by the Town Council on November 20, 1990. The study concluded there is a shortage of employee housing in the Town of Vail. 4. 18.57.020 - Appllcabllity The provisions of this Chapter shall be effective in particular districts, where specified, and shall be in addition to the regulations prescribed in each district. 5. 18.57.030 -Employee Housing Units (EHU) Generally A. Employee Housing Unit (EHU) is defined as a dwelling unit, which may have a restricted floor area, that shall not be leased or rented for any period less than 30 consecutive days, and shall be rented only to tenants who are full-time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail and Avon and their surrounding areas. A full-time employee is a person who works an average of thirty hours per week. An EHU shall not be subdivided or divided into any form of time shares, interval ownership or fractional fee. Prior to Town of Vail issuance of any building permit for an employee housing unit, restrictive covenants or deed restrictions permanently restricting an EHU as long term rental housing fior employees of the Upper Eagle Valley shall be 3 r recorded in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney, for the benefit of the Town. Said covenants or restrictions shall run with the land, and shall not be amended or terminated without the written approval of the Director of Community Development of the Town of Vail. The property owner or his authorized agent shall provide the Director of Community Development and the Chairman of the Town of Vail Housing Authority with a written report on the 1st of August and the 1st of February of each year. Said report shall set forth the names, ages and place of employment for each tenant. Additionally, the property owner or his authorized agent shall be required to incorporate within said report proof of tenants employment and information regarding the type of unit occupied by the tenant, and the tenant's income range, move in date and term of lease. 6. 18.57.040 - Type I Employee Housing Unit (EHU) A. A Type I EHU shall be allowed in the Primary/Secondary Residential and the Two-Family Residential zone districts. B. A Type I EHU shall be located within, or attached to, one of the dwelling units on the site. C. A Type I EHU shall not exceed forty percent of the total GRFA allowed on the lot. D. The architectural design of the Type I EHU structure and the materials and colors to be used in construction must be visually harmonious with the site on which the unit is to be located and with surrounding sites and structures, and must not unnecessarily block scenic views from existing buildings. In no case shall the Type !EHU be a mirror image of any other unit on the site. E. The Community Development Department shall find that the construction of a Type I EHU will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. F. No variances for setbacks, height, parking, site coverage, landscaping, or gross residential floor area shall be approved in order to allow the Type I EHU to be constructed, unless the granting of such a variance benefits the visual appearance of the site and surrounding area, and meets the variance criteria and findings as set forth in Chapter 18.62.060. G. Fifty percent of the required parking must be enclosed. H. Access to the Type I EHU must not adversely affect the privacy of adjacent 4 * structures. I. Applicants who wish to construct a Type I EHU must demonstrate the site has the ability to double its capacity for handling trash and that there will be no outdoor storage associated with the Type I EHU. J. An application for the Type I EHU containing the following information, must be submitted to the Community Development Department for review: 1. Name of the applicant and address; 2. Name of applicant's representative (if any); 3. Authorization of the property owner; 4. Location of the property for which the proposal is made; 5. The Town Council shall set a Type I EHU application fee schedule sufficient to cover the cost of Town staff time and other expenses incidental to the review of the application. The fee, which shall be paid at the time of the application, shall not be refundable; 6. For the purpose of notifying adjacent property owners, the applicant shall provide to the Community Development Department a list of the names of the owners and their addresses of all property adjacent to the proposed Type 1 EHU site. K. The proposed plan and all required materials must be submitted to the Design Review Board for their review and approval. L. Applicants who wish to construct a Type I EHU shall agree in writing to the following: 1. That the Type I EHU shall not be subdivided, sold, transferred or conveyed separately from a single family dwelling or one of the dwelling units in atwo-family or primary/secondary dwelling for a period of not more than twenty years and the life of Trent Ruder from the date that the certificate of occupancy is issued for said Type I EHU. 2. Restrictive covenants or deed restrictions, permanently restricting the Type I EHU as long term rental housing for full-time employees of the Upper Eagle Valley, as set forth in Chapter 18.57.030, shall be filed by the Town of Vail in the office of the Eagle County Clerk 5 and Recorder prior to Town issuance of any building permit for the ~ construction of said EHU. As set forth in Chapter 18.57.030, a bi- annual employee housing report shall be provided to the Town and the Housing Authority. 3. That the Type I EHU shall not be subdivided or divided into any form of time-shares, interval ownership or fractional fee. 7. 18.57.050 -Type II Employee Housing Unlt (EHU) A. A Type II EHU shall be allowed in the Single-Family Residential, Two- Family Residential and Primary/Secondary Residential zone districts. B. A Type II EHU shall be {orated within, or attached to, a single family dwelling or to one of the dwelling units in a two family or primary/secondary dwelling, pursuant to Section 18.54.050(1) -Design Review Design Guidelines -Duplex and Primary/Secondary Development of the Municipal Code of the Town of Vail. A Type II EHU may be located within or attached to an existing garage, provided the unit is not located within any setback and provided no required existing parking is reduced or eliminated. C. A Type II EHU shall be incidental to the use of the property as a single family dwelling or atwo-family or primary/secondary dwelling. D. Restrictive covenants or a deed restriction, permanently restricting the Type II EHU as long term rental housing for full-time employees of the Upper Eagle Valley, as set forth in Chapter 18.57.030, shall be filed by the Town of Vail in the office of the Eagle County Clerk and Recorder prior to Town issuance of any building permit for the construction of said EHU. As further set forth in Chapter 18.57.030, a bi-annual employee housing report shall be provided to the Town and the Housing Authority. E. For density purposes, a Type II EHU shall not contribute additional density to the site. F. The GRFA of a Type II EHU shall not be less than 300 square feet nor greater than 900 square feet. Each Type II EHU shall contain kitchen facilities and a bathroom, as defined in Chapter 18.04 of the Vail Municipal Code. G. Occupancy of a Type II EHU shall not exceed two persons. H. Each Type II EHU shall be required to have a minimum of one paved parking space. Enclosing said parking space is strongly encouraged. All surface parking shall 6 be screened by a combination of landscaping and/or berming. Each Type II EHU shall meet all Town of Vail parking standards on-site. If no dwelling presently exists upon the property which is proposed for a Type II EHU, or if an existing dwelling is to be demolished and replaced, a minimum of one enclosed on-site parking space for the EHU shall be required. I. The architectural design, materials, and colors of a Type II EHU shall be visually compatible with existing dwellings on the site. Vehicular and pedestrian access to a Type II EHU shall not adversely affect the privacy or enjoyment of adjacent uses or structures. Each Type II EHU shall comply with all Town of Vail zoning regulations, as well as all other applicable provisions of the Town of Vail Municipal Code. The burden shall be on the applicant to demonstrate to the Planning and Environmental Commission that the proposed site has the ability to handle the impacts of the increased density (i.e., traffic, trash, etc.). J. Type II EHUs shall be allowed only on lots which comply with minimum lot size requirements for the zone district in which the lot is located. K. In addition to the requirements for a conditional use application set forth in Section 18.60 of the Town of Vail Municipal Code, applications for a Type II EHU shall be signed by all owners of the lot upon which the Type II EHU is to be constructed, or by the owner's agent or authorized representative. "Agent or authorized representative" shall mean any individual or association authorized or empowered in writing by the property owner to act on his or her stead. If any of the property on which the Type II EHU is to be located is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. 8. Section 18.57.060 -Type III Employee Housing Unit (EHU) A. Type III EHUs shall be allowed as a conditional use in the Residential - Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple- Family, Public Accommodation, Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, Public Use and Ski Base/Recreation zone districts. B. Restrictive covenants or a deed restriction, permanently restricting the Type III EHU as long term rental housing for full-time employees of the Upper Eagle Valley, as set forth 7 in Chapter 18.57.030, shall be filed by the Town of Vail in the office of the Eagle County Clerk . and Recorder prior to Town issuance of any building permit for the construction of said EHU. As further set forth in Chapter 18.57.030, a bi-annual employee housing report shall be provided to the Town and the Housing Authority. C. For density purposes, each Type III EHU shall be calculated as 0.5 dwelling units. D. The GRFA of a Type III EHU shall be no less than 450 square feet, and no more than 900 square feet. Each Type III EHU shall have kitchen facilities and a bathroom, as defined in Chapter 18.04 of the Town of Vail Zoning Code. E. Occupancy of a Type III EHU shall not exceed two persons per bedroom. F. Each Type III EHU shall contain one parking space for each bedroom. However, the parking requirement for the EHU shall be increased to two spaces for each bedroom exceeding 600 sq. ft., as measured from interior wall to interior wall. Each Type III EHU shall meet all Town of Vail parking requirements, and all surface parking shall be screened by a combination of landscaping and/or berming. G. In order to encourage the use of the public transportation system within the Town, and discourage the use of private automobiles, each Type III EHU shall be located within a reasonable walking distance of a Town of Vail bus stop. H. All trash facilities shall be enclosed. I. Applicants may apply for a conditional use permit to allow the construction of Type III EHUs on all legal, non-conforming lots, as well as on lots which meet the minimum lot size requirements set forth for the zone district in which the Type I11 EHU is to be constructed. J. Each Type III EHU shall comply with all Town of Vail zoning ordinances and all other laws and regulations of the Town. The burden shall be on the applicant to demonstrate to the Planning and Environmental Commission that the site has the ability to handle the impacts of the increased density (i.e., traffic, trash, etc.). K. In addition to the requirements for a conditional use application set forth in Section 18.60 -Conditional Use Permits of the Town of Vail Municipal Code, applications for a Type III EHU shall be signed by all owners of the lot upon which the Type III EHU is to be constructed or by the owner's agent or authorized representative. "Agent or authorized representative" shall mean any individual or association authorized or empowered in writing by the property owner to act on his or her stead. If any of the property on which the Type III EHU 8 _ is to be located is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. 9. Section 18.57.070 -Type IV Employee Housing Unlt (EHU) A. Type IV EHUs shall be allowed as a conditional use in the Residential Cluster, Low Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple- Family, Public Accommodation, Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center, Arterial Business District, Parking District, Public Use and Ski Base/Recreation zone districts. B. Restrictive covenants or a deed restriction, permanently restricting the Type IV EHU as long term rental housing for full-time employees of the Upper Eagle Valley as set forth in Chapter 18.57.030, shall be filed by the Town of Vail in the office of the Eagle County Clerk and Recorder prior to Town issuance of any building permit for the construction of said EHU. As further set forth in Chapter 18.57.030, a bi-annual employee housing report shall be provided to the Town and the Housing Authority. C. Density for each Type IV EHU shall be calculated at 0.333 of a dwelling unit. D. No more than 15 Type IV EHUs per building shall be allowed, unless an applicant can demonstrate that additional Type IV EHUs in a building will not negatively impact adjacent uses or structures in the vicinity. E. The GRFA of the Type IV EHU shall be no less than 200 square feet, and no greater than 300 square feet, and shall include a bathroom, as defined in Chapter 18.04 of the Vail Municipal Code, and a kitchenette. The kitchenette shall consist of at least the following appliances: a sink, small refrigerator and a microwave oven. Storage lockers and laundry facilities, of sufficient size to accommodate the needs of the tenants as determined by the Planning and Environmental Commission, shall also be provided in each building. F. Each Type IV EHU shall be required to have one parking space. Each Type IV EHU shall meet all Town of Vail parking requirements and all surface parking shall be screened by a combination of landscaping and/or berming. G. In order to encourage the use of the public transportation system within the Town, and discourage the use of private automobiles, all Type IV EHUs shall be located within 9 a reasonable walking distance of a Town of Vail bus stop. . H. Occupancy of a Type IV EHU shall not exceed one person per unit. I. All trash facilities shall be enclosed. J. Applicants may apply for a conditional use permit to allow the construction of Type IV EHUs on all legal, non-conforming lots, as well as on lots which meet the minimum lot size requirement set forth for the zone district in which the Type IV EHU is to be constructed. K. In addition to the requirements for a conditional use application set forth in Section 18.60 of the Town of Vail Municipal Code, applications for a Type IV EHU shall be signed by all owners of the lot upon which the Type IV EHU is to be constructed or by the owner's agent or authorized representative. "Agent or authorized representative" shall mean any individual or association authorized or empowered in writing by the property owner to act on his or her stead. If any of the property on which the Type IV EHU is to be located is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. Section 3 1. Section 18.10.030 -Single Family (SFR) District Conditional Uses of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph H to read as follows: H. Type II Employee Housing Unit - as defined in Section 18.57.050. 2. Section 18.12.030, Two-Family Residential (R) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraph H to read as follows: H. Type II Employee Housing Unit - as defined In Section 18.57.050. 3. Section 18.12.090 (A) Two-Family Residential District Density Control, of the Municipal Code of the Town of Vail, the last paragraph of which is hereby repealed and re-enacted to read as follows: "No Two-Family Residential lot except those located entirely in the 10 ~ red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that It cannot be occupied by atwo-family dwelling. A second dwelling unit may be allowed on lots which are less than fifteen thousand square feet as provided In Chapter 18.57.040, Type I -Employee Housing Unlt (EHU):' 4. Section 18.12.090(8) Two-Family Residential District Density Control, of the Municipal Code of the Town of Vail, is hereby repealed and reenacted to read as follows: B. The Community Development Department may grant an exception to the restrictions of this section relating to lots of less than fifteen thousand square feet to allow the addition of a Type I Employee Housing Un(t (EHU) provided the Type I EHU criteria, as set forth In Section 18.57.040, are met. 5. Section 18.13.030 Primary/Secondary Residential District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraph G to read as follows: G. Type II Employee Housing Unit - as defined in Section 18.57.050. 6. Section 18.13.080 (A) Primary/Secondary Residential District Density Control, of the Municipal Code of the Town of Vail, the last sentence of which is hereby repealed and re-enacted to read as follows: "No Primary/Secondary Residential lot except those located entirely In the red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that It cannot be occupied by a primary/secondary dwelling. A second dwelling unit may be allowed on lots which are less than fifteen thousand square feet as provided In Chapter 18.57.040, Type I -Employee Housing Unit (EHU):' 7. Section 18.13.080(8) -Primary/Secondary Residential District Density Control, of the Municipal Code of the Town of Vail, is hereby repealed and reenacted to read as follows: ti ~I B. The Community Development Department may grant an ~ exception to the restrictions of this section relating to lots of less than fifteen thousand square feet to allow the addition of a Type I Employee Housing Unit (EHU) provided the Type I EHU criteria, as set forth In Section 18.57.040, are met. 8. Section 18.14.030 Residential Cluster (RC) District Conditional Uses, of the -Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs I and J to read as follows: I. Type III Employee Housing Unit - as defined In Section 18.57.060. J. Type IV Employee Housing Unit - as defined In Section 18.57.070. 9. Section 18.16.030 Low-Density Multiple-Family (LDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs I and J to read as follows: 1. Type III Employee Housing Unit - as defined in Section 18.57.060. J. Type IV Employee Housing Unit - as defined in Section 18.57.070. 10. Section 18.18.030 Medium-Density Multiple-Family (MDMF) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs I and J to read as follows: I. Type III Employee Housing Unit - as defined In Section 18.57.060. J. Type IV Employee Housing Unit - as defined in Section 18.57.070. 11. Section 18.20.030 -High Density Multiple Family (HDMF) District Conditional Uses, of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraphs M and N to read as follows: M. Type III Employee Housing Unit - as defined In Section 18.57.060. N. Type IV Employee Housing Unit - as defined In Section 92 I 18.57.070. 12. Section 18.22.030 Public Accommodation (PA) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs P and Q to read as follows: P. Type III Employee Housing Unlt - as defined In Section 18.57.060. Q. Type IV Employee Housing Unlt - as defined In Section 18.57.070. 13. Section 18.24.040(8), Commercial Core I (CCI) District Permitted and Conditional Uses -Second Floor, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Subparagraphs 10 and 11 to read as follows: 10. Type III Employee Housing Unlt - as defined in Section 18.57.060. 11. Type IV Employee Housing Unit - as defined In Section 18.57.070. 14. Section 18.24.050(6), Commercial Core I (CC1) District Permitted and Conditional Uses -Above Second Floor, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Subparagraphs 10 and 11 to read as follows: 10. Type III Employee Housing Untt - as defined to Section 18.57.060. 11. Type IV Employee Housing Unlt - as defined In Section 18.57.070. 15. Section 18.27.030, Commercial Core III (CCIII) District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs Q and R to read as follows: Q. Type III Employee Housing Unit - as defined in Section 18.57.060. R. Type IV Employee Housing Untt - as deftned In Section 18.57.070. 16. Repeal Chapter 18.27.030(8), Commercial Core III Conditional Uses of the Town of Vaii Municipal Code. 17. Section 18.28.040, Commercial Service Center (CSC) District Conditional Uses, 13 of the Municipal Code of the Town of Vail, is hereby amended by the addition of d Paragraphs M and N to read as follows: M. Type III Employee Housing Unit - as defined to Section 18.57.060. N. Type IV Employee Housing Unit - as defined to Section 18.57.070. 18. Section 18.29.030(A), Arterial Business District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Type III Employee Housing Unit, as defined in Section 18.57.060 and Type IV Employee Housing Unit, as defined in Section 18.57.070 to the list of allowable conditional uses. 19. Repeal of the following from Chapter 18.29.030(A), Arterial Business District Conditional Uses: "Multi-family dwellings for the employees of the upper Eagle Valley as further restricted by Section 18.27.130 of this zone district:' 20. Section 18.34.030, Parking District Conditional Uses, of the Municipal Code of the Town of Vail, is hereby amended by the addition of Paragraphs E and F to read as follows: E. Type III Employee Housing Unit, as defined In Section 18.57.060. F. Type IV Employee Housing Unlt, as defined In Section 18.57.070. 21. Section 18.36.030, Public Use (PUD) District Conditional Uses Generally, of the Town of Vail Municipal Code, is hereby amended by the addition of Paragraphs T and U to read as follows: T. Type 111 Employee Housing Unit, as defined In Section 18.57.060. U. Type IV Employee Housing Unit, as defined In Section 18.57.070. 22. Repeal Paragraph 18.36.030(P), Public Use (PUD) District Conditional Uses of the Town of Vail Municipal Code. 23. Section 18.39.050(A), Ski Base/Recreation District Conditional Uses of the Town of Vail Municipal Code, is hereby amended by the addition of Subparagraphs 13 14 ti t and 14 to read as follows: 13. Type Ili Employee Housing Unit, as defined In Section 18.57.060. 14. Type IV Employee Housing Unlt, as defined In Section 18.57.070. Section 4 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 5 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 6 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. i5 t Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 16 Ca s tom pane ~o last d,~af -t-` Iu.~- ' LEASE AGREEMENT ~ T~n VCLI'~ THIS LEASE AGREEMENT (the "Lease"), made effective the 1st day of July, 1991, is by and between VAIL ASSOCIATES, INC., a Colorado corporation ("VAI"), and TOWN OF VAIL, a Colorado municipal corporation ("TOV"). WHEREAS, VAI is the owner of certain real property which TOV is desirous of occupying for use as a snow dump; and WHEREAS, TOV is or may become the owner of real property which VAI is desirous of occupying. NOW THEREFORE, in consideration of the terms, covenants and conditions set forth herein, the parties hereto agree as follows: 1. TERM. The "Term" of this Lease shall commence on July 1, 1991, and shall expire on June 30, 9 i~-9•~, unless sooner terminated as provided herein. . 2. VATS PREMISES. VAI hereby leases to TOV and TOV here b le s a es fr om V AI .;;:,:.;;;:.:~.;:;.::.:;x:~;::.;:.;;:.;~~;.:.:.:.>::::.;:.;:.;:.:.::::.;:.;::;: .::::.::..::::::::::,.,~h:>;>::: easternmost ,pnx"~~t~~...~s~ Veal: prOp~r~y;.not~~ ~s...~e;:<.;''~lprth::::A.nt~a~.~~''.... a~~e~:>>~:>::«:~s»::~.f. ~el.~ow opt the ma .;::::att~~~~d:he~:Oto as~xhb t:> <::;a : P.::::...................:::::::.::::::::,...:..:.:::::.~ x~t~..~: ~x~........::o~a~.e..d hex~~.h by` ~~~@~e~iCe:r>:<~dnta~.ni~ ;rv..X..~.~~tei.: ~t:::8:>~ :.:..the;;;;:;:;~A~;;,re~a~s~s;:;:.> :>::;;:::.:>;~h.~s<;.::.....:.. a >:<::o: o.:. ; ; : . ~at~t~~tts:><VAI:>:<~::<P:~efi:3.~~;s:>::::~~~ ~toc~::>s ~Oi~i~~:i:i .....d~5O .:.:::.:::.:..:::.::::::;::.:.~::::::::::::.:.::::.:::::::.:::.~:::.~::::::.::.:~:.~:::.~::::..~::::::::::::::::.:::.~:::p:.::::::::::.~::::::::::::.::::::.~..~::::..::....... 4 : ................C.... .-y n.,.: ~ ................:1 .;:u •:ti ..~3Ft-~ aEi:~ ~ropcr~y---~f::8it' :~r~.~s tai e•"pl~~'~ `~~l`t$~~arrel aaer~ ~ree~f x~~ll~-degeribed--a : ~~.4i~~t~j :E~8.'„ asr.s ssn~O: a~e~l~ei L'j ~e~orcrt~, _.:~E a-p~6~:3« r.~3 ; :3--~~ ::::lh:~ aro ~'i1 ~.B:I ~4= @Q%:3:32~ 33': ~j{~:3bi'~;, 3E31~.t3h~sncj` c.ppr8itixma~oi-~-~$S-4$~ 3E: 89 {~:I'~ =r~~iccs"). VAI's Premises are leased on the terms and conditions set forth in this Lease. 3. USE OF VATS PREMISES. (a) TOV shall use VAI's Premises for the sole purpose of dumping snow collected in its snow removal operations, after TOV having received all necessary approvals and permits. TOV shall use VAI's Premises in a careful, safe and proper manner and shall not use or permit VAI's Premises to be used for any purpose prohibited by any federal, state, county or municipal laws, ordinances, rules, regulations or codes. (b) TOV shall not use or suffer or permit all or any part of VAI's Premises to be used in any immoral, illegal, lewd, objectionable or offensive manner or for any such purpose. TOV shall neither do nor permit to be done any act or thing upon VAI's Premises which shall or might subject VAI to any liability or responsibility for injury to any person or persons or for damage to property by reason of any business or operation carried on at, from or upon VAI's Premises for any reason. (cj TOV shall be responsible for and shall pay f when due all expenses relating to the use of VAI's Premises, including but not limited to all costs, charges and expenses attributable to the maintenance and repair of VAI's Premises, and TOV's equipment and its use. Further, TOV agrees to pay when due, and to defend and indemnify VAI against liability for, all license fees, assessments and taxes (property, sales, use, excise and other taxes) now or hereafter imposed by any governmental body or agency on TOV's use of VAI's Premises (with the exception of taxes on or measured by the net income of VAI). Any fees, taxes or other lawful charges paid by VAI upon failure of TOV to pay such charges shall, at VAI's option, become immediately due from TOV to VAI. 4. ALTERATIONS BY TOV. TOV, at its sole cost and expense, is authorized to make those alterations to VAI's Premises as are necessary to effectively facilitate the dumping of snow on such premises including but not limited to grading, construction of roadways, drainage channels, detention ponds, retaining ponds and landscaping. Any other alterations, additions or improvements to VAI's Premises shall only be done with the prior approval of VAI in its sole discretion. All alterations shall be performed in a good and workmanlike manner. TOV represents and VAI acknowledges that TOV's alterations shall require the rezoning of the Premises from "Agricultural and Open Space District" to "Public Use District." 5. QUIET ENJOYMENT. VAI covenants and agrees with TOV that upon TOV observing and performing all the terms, covenants and conditions of this Lease on TOV's part to be observed and performed, TOV may peaceably and quietly enjoy VAI's Premises. 6. INSURANCE. At all times during the Term of this Lease, TOV shall carry and maintain in full force, at TOV's sole cost and expense, the following insurance policies with insurance companies satisfactory to VAI. Such policies shall include a provision requiring a minimum of 30 days' notice to VAI of change or cancellation. All such insurance shall specifically insure performance by TOV of the indemnity agreement as to liability for death of or injury to persons and property damage set forth in Paragraph 8 hereof. (i) Comprehensive general liability insurance in an occurrence format, if available, in an amount of $1,000,000 per occurrence including the following coverages: contractual liability, personal injury, premises operations and independent contractors. VAI shall be named as additional named insured as its interests may appear on this policy. SNOtAUMP.LSE - 2 - August 2, 1991 tbn\docs\leases r ' ~ (fi) Tenants insurance covering all of TOV's • leasehold and personal property on or upon VAI's Premises in an amount not less than the full replacement cost without deduction for full depreciation during the Term of this Lease, together with insurance against vandalism and malicious mischief. (iii) Workers Compensation Insurance fn accordance with the provisions of the Workers Compensation Act of the State of Colorado for all of TOV's employees who are to be present on VAI's Premises. TOV shall provide VAI with certificate(s) of insurance evidencing the policies....listed .above::.,pror..to.,..TOV.'.s ,occupancy of VAI's Premises. I3~t the ~V~h~ ~ri~ ~Q~T~~ pace"p~~a~~r~+~~ a~dja~ o ra~~.~sn~ ord..'~'~~~~:«:~~'em.~se~ar~:>s : cQ.... a. ;..,md..~:;:::<::.-.~`::>:s . ....P:~ u~.::::.~:~~~r::: ~~::::::::.,.:::.'..~'.C......... ~~.~.~..:::~e.. ~x~a ~~e>»>nsa~c~ a~tx~a~~~ d~~c~~la~::ab~v~.~>+..a~::~~:~::tt~s 7. CONSIDERATION. -In consideration of the lease of VAI's Premises, TOV agrees as follows: (a) to pay VAI the sum of ten dollars ($10.00) per annum for each year of the Term of the Lease; and, (b) to negotiate in good faith with VAI in connection with TOV's future lease and/or sale to VAI of real property owned by TOV, which real property VAI is desirous of occupying; the parties agree that they fully intend this Lease to include a "like-kind exchange" between the parties, of VAI's Premises in exchange for certain yet-to-be-designated real property of TOV. 8. INDEMNITY. (a) TOV agrees to indemnify, defend and hold harmless VAI, its subsidiaries and affiliates, their respective agents, officer, directors, servants and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death, of any..person or damage to property of any kind caused by x;u.v:!::.~.,,:o~P..~~"~~z~~~,._,_~.~` the misconduct or negligent acts, errors or omissions of"' T~SV`~" ~~£s subcontractors or any person directly or indirectly employed by them, or any of them, while engaged in any activity associated with the Lease and/or use of VAI's Premises, or related thereto, or the use of TOV's equipment on VAI's Premises. (b) Whether or not VAI or TOV have actual knowledge of the existence of any environmental condition which becomes subject to this environmental indemnity, TOV hereby agrees to indemnify, defend and hold harmless VAI, its subsidiaries and affiliates, their respective agents, officers, directors, servants, employees and VAI's Premises of and from any and all SNOfAUMP.LSE - 3 - August 2, 1991 tbn~docs~leases • t liability, claims, demands, actions and causes of action whatsoever (including without limitation reasonable attorneys' fees and expenses, costs and expenses reasonably incurred in investigating, preparing or defending against any litigation or claim, action, suit, proceeding or demand of any kind or character) arising out of or related to t=leged contamination of VAI's Premises, during TOV's occupancy of VAI's Premises, by any hazardous or toxic substance, pollutant or contaminant, or petroleum, including crude oil or any fraction thereof, or alleged injury of threat of injury, health or safety or the environment, or alleged noncompliance with any federal, state and local environmental statutes, regulations, ordinances, and any permits, approvals or judicial or administrative orders issued thereunder, giving rise to liability under any federal, state or local environmental statutes or ordinances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et sect., as amended from time to time, or under any common law claim, including claims for personal injury or property damage or for any claim by any governmental or private party for remedial or removal costs, natural resource damages, property damages, damages for personal for personal injuries, or other costs, expenses or damages or any claim for injunctive relief arising from any alleged injury or threat of injury to health, safety or the environment relating to the Premises. ~~:~}>Fursuart~ ~o;:S~:~o~i">~~w~~~:~~ ~4~w~.c~dC? .~v~s~d .....................................~.{j.~jj.AA...:::............::::::::.:.:..:..::::.::::::::::.:.::::::::::::.:::::::::::.~.:::::::.~::::::::.:::.::::::::.::::.~:::.~.::::::::::.~::::::::::::::.::::::.:~::::::::::.:::::::.::..:::: ~tat~~~ , V peai~iaa~.~y a~l~ndw~edge~ ~ ~.qr~~~c fit, ~y ~igning.::be~.ow~ ...V s~a~,~;.f....b~r.. xesoiut~.on:.. w~~.~~ ~t?~~3.~:.~m3uu~.lty.:.~::;:.::.:;,:;:;.:.. ~r~ntec~::: ~'t3Y...~...~~et3~~...~~:::: ~.~a~;~:::~o1a~~da..::~~u~s.~d.::,t$<t~~t::<~` lied ; .~s`o:;~:x~ ur~.es...,~es~bed...S~b ;....~`:~::..,,a.:..hs...:$: ~.:::.:d:::.: . ..,..::.:.,::::::::.n .:.::::.:..::....:::....:..r..:.:::::..r..:.,,........ ~er~e~. 9. COMPLIANCE WITH LAW/SAFETY PROGRAM. TOV warrants that it will comply with all applicable laws, ordinances, rules and regulations having jurisdiction over VAI's Premises and access thereto, and TOV shall be responsible for its own safety program and compliance with applicable Occupational Safety and Health Administration regulations. 10. TERMINATION. VAI shall have the right to terminate this Lease with or without cause by giving TOV six (6) months' prior written notice of such termination; provided, however, that VAI may not terminate this Lease to be effective commencing during the period from November 1 to April 30 of any lease year. If VAI terminates this Lease prior to June 30, $ 3~9~, VAI agrees to reimburse TOV for the unamortized value'~~'of TOV's improvements to VAI's Premises, such amortization computed with a straight-line method based on the seven (7) year term; provided, however, TOV's actual costs for such improvements shall not have snawtn~.~se °4- August 2, tit tbn\docs\lesses ' exceeded $300 000. ~r->.~„'~~~:1~~~,'~ . ~ . z s r~.::::::.: . . ~.mp~av~e~rit ~.~~~uc~~e~d:>>>~he ~o ~~~;tfc~n:::~~>':Va1~~:>::c~ ~~o ~yy,~ j~ ~{y~ ax;^..i,•:C.aaxsnxns>r~\\wsx v.:aa?~>''/ i:r :iha.~`~~\\~///!/.o>!„+\`.'sxay,:c•:aaxn..,eor~.VV....J~:e~'7:`.M".'~6,%/~Y.S 11. ~tp of (a) Upon the expiration or earlier termination of this Lease-,-'---TOV~.shall,.,promptly.`.,c~uit and surrender VAI s Prem ses to VAI andx i.~ ~~pl~.o~,bl~:f>~xo~~1t ~=o~'~.~Od $,~~#.:r~?~~~.~~h.a~~~;x'#~ shal'1" restore VAl's Premises t"o the same condition it -was `~~pr~or~`~to the letting of VAI's Premises, in good order and first-class condition, with all TOV's equipment and improvements removed. TOV shall fully repair any damage to VAI's Premises occasioned by the removal of any of TOV's equipment, improvements and/or materials. Any equipment, materials, improvements, inventory and/or effects not so removed shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by VAI without notice to TOV or any other person and without obligation to account therefor. In addition, TOV shall perform or cause to be performed environmental remediation with regard to n:.:.;:.>;;.. an contamination of VAI' ~:;.:.>;:::.:_>,.:<><,;>:::<...:::-<:-~.~.:;;:::;:->v„<<,.:.;:,;:.:.:.:,<;,.;:, .,.,:.=>;Y..>:.:.:.:.;;>:.>;;:.:..,.;:,.~ s Premisesr?<~~<~':.~~. »::'d#t>::>:~:::»~~~~ . ~.,:r:,.::<>::>~~: suc'~r~3s:~~ by any hazardous or toxic substance-, poYlutant" or contaminant;~~`~'~including without limitation salt, motor oil or any other petroleum product or fraction thereof. TOV shall pay all costs and expenses associated with repairing, restoring and remedying VAI's Premises. (b) Further, TOV agrees that, upon the expiration or earlier termination of this Lease and in the event VAI desires to rezone VAI's Premises from "Public Use District," TOV will fully cooperate with VAI and support VAI's position in the rezoning process. (c) TOV's obligation to observe and perform these Paragraph 11 covenants shall survive the expiration or other termination of this Lease. 12. HOLDOVER. If TOV or, subject to Paragraph 13 hereof, or any assignee, subtenant or other transferee of TOV shall remain or continue to be in possession of VAI's Premises or any part thereof after the end of the Term of this Lease, at VAI's option, TOV shall be deemed to be illegally retaining possession or shall be deemed to be a month-to-month tenant of VAI's Premises on all the terms and conditions of this Lease except that rent shall be an amount equal to $200.00 per day. Nothing herein contained shall be construed to limit VAI's right to obtain possession of VAI's Premises upon termination of this Lease by unlawful detainer proceedings or otherwise in the event that VAI does not exercise its option to treat the continued possession by TOV as a month-to-month tenancy. SNWDUMP.LSE -5- August 2, 1991 t6n~docs~leases 13. EMINENT DOMAIN. TOV agrees that, in the event TOV shall institute proceedings for taking VAI's Premises by right of eminent domain, TOV shall cause the person or people, commission, court or other entity responsible for determining "just compensation" for such taking to necessarily consider the zoning designation of VAI's Premises prior to TOV's rezoning of such Premises under Paragraph 4 of this Lease, if such previously designated zoning district (i.e. "Agricultural and Open Space District") would or could, when compared to the district as rezoned under Paragraph 4 hereof (i.e. "Public Use District"), result in a higher compensation award to VAI or a more advantageous, highest and best use determination for VAI's Premises. As used herein, any taking by right of eminent domain shall include any condemnation or any conveyance in lieu of or under threat of any taking. In the event of any taking or conveyance whatsoever, VAI shall be entitled to any and all awards, damages and settlements that may be given and TOV shall have no claim against VAI for the value of any unexpired term of this Lease or for any other item. 14. ASSIGNMENT AND SUBLETTING. TOV shall not assign, convey, mortgage, hypothecate or encumber this Lease or any interest herein or sublet all or any part of VAI's Premises, or suffer or permit VAI's Premises or any part thereof to be used by others (any and all of which hereinafter shall be referred to as a "transfer"), without the prior written consent of VAI in each instance. Any attempted transfer without VAI's prior written consent shall be void and shall confer no rights upon any third person. 15. ACCESS TO THE PREMISES AND NORTH ANHOLTZ. (a) The parties acknowledge that, during the Term of this Lease, TOV will access VAI's Premises through and across certain real property known as the "Town of Vail Maintenance Shop" parcel (the "TOV Parcel"), which TOV Parcel borders VAI's Premises to the east. (b) Notwithstanding TOV's access to VAI's Premises as described above, the parties acknowledge (i) that TOV has previously constructed an earthen berm located on or adjacent to the TOV Parcel (the "Berm"), which Berm may encroach onto the easement granted to the Department of Highways, State of Colorado in Book 201 at Page 275 of the public records Eagle County, Colorado, Clerk and Recorder (the "Easement"), and (ii) that the Easement provides the sole public access to the North Anholtz parcel, including but not limited to providing VAI access to VAI's Premises. Therefore, in the event VAI shall desire to develo the North Anholtz arcel ''~~~"'"'~`"`r~ `e~<`~ackriQr~'~id~ a>>~'~~~~~~~' . _;..9Y'......:.>::>~~~ ~OV s~~1~ ~ex~fa~~ ~ho~e rie~essar..Y;.:;~c~..;;ef~eC~~~t~»>: $ccess;><::. orth::»: nho <t> ::::«:wh ch:>::a..ts»:: a. ;nc ude:::<::but~<: o:, .~;~:~e:::<~c~:::::>~s~u~:~~ use:::::>ts~:>:::the:::><:Ea~~~l~~«:::~nd:::::::: ~o~r~~t~:::»:~~ce.~~ SUOWt~IP.LSE _6_ August 2, 1991 tbn\docs\leases ff 1, :::?it ~;:y. ::r<.::~......... .::m.. . ::.::::::::::.:::.~:::::::::::::~~.~.a~~.::..:ox,~~Qr~ p,~r::.:~pr~~i.::.~.r~xa.~.~.z....... iii i~»::.~:.>,.. ....~E!\.i:.'~r.~r~~ arrr~ a~i~'E: SC'i°~ 6. ~~-~8RC :::ti ~1~~ :sa~se~e :t 1- ~r e ; :d aid ~a*l ~ eases-r 16. NOTICES. Any bill, statement, notice, demand or communication which either party may desire or be required to give to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or sent by certified or registered United States mail, postage prepaid, addressed as follows: If to VAI: Vail Associates, Inc. P. O. Box 7 600 Lionshead Mall Vail, Colorado 81658 Attention: Mr. Larry Lichliter cc: Legal Department If to TOV: Town of Vail 75 South Frontage Road Vail, Colorado 81657 Attention: Town Manager cc: Legal Department The time of rendition of such bill or statement and of the giving of such notice, demand or communication shall be deemed to be the time when it is personally delivered or mailed. Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed. 17. NO REPRESENTATION: ENTIRE AGREEMENT. VAI, TOV and their respective agents have made no representations, warranties, agreements or promises with respect to this Lease, except such as are expressed herein. The entire agreement of the parties is contained herein, and there are no promises, agreements, representations, warranties, conditions or understandings, either oral or written between them, other than as are herein set forth. 18. MISCELLANEOUS. (a) If any clause or provision of this Lease shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. (b) No amendment, alteration, modification of or addition to this Lease shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby. SMO~DtlIP.LSE -7- August 2, 1991 tbn\docs\teases (c) The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Lease. (d) If any party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this Lease, the prevailing party shall have and recover against the other party, in addition to all court costs and disbursements, such sum as the Court may adjudge to be reasonable attorneys' fees. (e) This Lease shall be governed by and interpreted in accordance with the laws of the State of Colorado. (f) Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this Lease shall survive the termination of this Lease. (g) The covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of VAI and TOV and their respective successors, and, subject to Paragraph 14, their assigns. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the respective dates set forth below to become effective as of the date first written above. VAIL ASSOCIATES, INC. TOWN OF VAIL By: By: Larry E. Lichliter Rondall V. Phillips Executive Vice President Town Manager Date: Date: SMO~lDUMP.LSE ° $ ° August 2, 1991 tbn\docs\leases •Z ~xxialT ~ (Attached to and forming a part of the Lease Agreement by and between Vail Associates, Inc. and Town of Vail, dated July 1, 1991.) ION OF ::.,:.~jN~ ~>~QF<`Nt}~s~~:~'~4Z!1~a:'Z€€` LEGAL DESCRIPT ~.,n.~.:::~R*~`:.::..::: A-1