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HomeMy WebLinkAbout1991-10-22 Support Documentation Town Council Work Session ~L~ 2- VAIL TOWN COUNCIL WORK SESSION TUESDAY, OCTOBER 22, 1991 10:30 AM AGENDA 1. TOWN COUNCIL TOUR OF PROPOSED CORDILLERA CONSTRUCTION SITE (Depart from Municipal Building @ 10:30 a.m.) 2. Executive Session: Personnel Matters 3. Vail Valley Conference and Performance Center Steering Committee Report (E.B. Chester, Chairman of the Steering Committee) 4. DRB Report 5. Request to Locate a Dining Deck on TOV Land for Russell's Restaurant in the Gallery Building at 228 Bridge Street (Applicant: Ron Riley) 6. VRA Office Space Lease 7. Review of Stephens Park Easement to Holy Cross Electric 8. Horse Drawn Carriage Issue 9. Appointment of Member of Eagle County Recreation Authority 10. Information Update Underground Utilities in East Vail 11. Other 12. Adjournment C:~AGENDA.WS VAIL TOWN COUNCIL WORK SESSION TUESDAY, OCTOBER 22, 1991 10:30 AM ~ - EXPANDED AGENDA 10:30 a.m. 1. TOWN COUNCIL TOUR OF PROPOSED CORDILLERA CONSTRUCTION SITE Action Reauested of Council: Please arrive at the Municipal Building in time to depart promptly at 10:30 a.m. The tour begins at 11:00 a.m. 2:00 p.m. 2. Executive Session: Personnel matters 3:00 p.m. 3. Vail Valley Conference and Performance Center Steering E.B. Chester Committee Report Action Reauested of Council: Receive and discuss the report of the Vail Valley Conference and Performance Center Steering Committee. Backaround Rationale: E.B. Chester, Chairman of the Steering Committee, will present progress to date on this proposed facility. 3:30 p.m. 4. DRB Report 3:35 p.m. 5. Request to locate a dining deck on Town of Vail land for Mike Mollica Russell's Restaurant in the Gallery Building at 228 Bridge Street Kristan Pritz (Applicant: Ron Riley) Action Reauested of Council: Give approval/denial to the applicant to proceed through the planning process for a conditional use permit. Backaround Rationale: The applicant is proposing a dining deck on the west side (Bridge Street) of Russell's Restaurant. The deck extends approximately 7 feet onto Town of Vail land. The entire 7' x 33' deck would be located on public land; the existing planters are on Town property. The narrowest point between the deck and west side of Bridge Street is 13 feet. Public Works and the Fire Department need to review the request. Staff Recommendation: Staff recommends that the project be allowed to proceed through the planning process. 1 - 3:50 p.m. 6. VRA Office Space Lease Ron Phillips Action Reauested of Council: The VRA has requested the Council consider some changes to the previously approved lease. Backaround Rationale: After the new VRA Chairman was elected, he took the lease to an attorney for review. VRA has asked for changes to be made as outlined in the attachments. Ron felt the changes were unnecessary since both the VRA Board and Town Council had approved the lease as written. VRA is now asking the Council to consider these changes. 4:00 p.m. 7. Review of Stephens Park Easement to Holy Cross Electric to Larry Eskwith move overhead power lines to new location. Action Reauested of Council: Approve/deny easement. Backaround Rationale: In order for work on Stephens Park to be completed, Holy Cross must move its overhead power lines. Staff Recommendation: Approve easement. 4:20 p.m. 8. Horse-Drawn Carriage Issue Ken Hughey Larry Eskwith Action Reauested of Council: Provide information to staff on Council's desire as it relates to horse drawn carriages in the Town of Vail. Backaround Rationale: The two existing contracts regulating horse drawn carriages expire at the end of this month. Staff would like direction from the Council as it relates to regulating carriage company use of Town streets, etc. 4:35 p.m. 9. Appointment of Member of Eagle County Recreation Authority Ron Phillips Larry Eskwith Action Reauested of Council: Appoint a member of Council to act as TOV representative on the Eagle County Recreation Authority Board. Backaround Rationale: The Authority formed by Eagle County government to purchase the Berry Creek 5th Parcel from the Town is to be managed by a Board of Directors. Each participating government has the right to appoint one member of the Board. 4:50 p.m. 10. Information Update 11. Other 12. Adjournment C:~AGENDA.WS 2 F rL~ DESIGN REVIEW BOARD AGENDA OCTOBER 16, 1991 3:00 P.M. SITE VISITS 1:30 p.m. 1 Red Sandstone Elementary - 551 N. Frontage Road West 2 Gateway Plaza awnings - 12 Vail Road 3 Crossroads, new vent - 141 East Meadow Drive 4 Shogun Restaurant - 292 East Meadow Drive 5 Crazy Shirts Retail, Wall Street Bldg - 250 Bridge St. 6 Red Lion - 304 Bridge Street 7 Precourt - 328 Mill Creek Circle 8 Hutchinson - 2049 Sunburst Drive 9 Sipf - 3876 Lupine Drive 10 Kaiser/Hall - 4876 Juniper Lane AGENDA 1. Red Lion - Landscape plan SM 304 Bridge Street/Lots E,F,G & H, Block 5-A, Vail Village 1st MOTION: SECOND: VOTE: TABLED TO NOVEMBER 6TH MEETING 2. Precourt - Revision to landscape plan SM 328 Mill Creek Cir/Lot 4, Block 1, Vail Village 1st MOTION: SECOND: VOTE: TABLED TO NOVEMBER 6TH MEETING 3. Garden of the Gods - Revised landscape plan SM 365 Vail Valley Drive/Lot K, Block 5-A, Vail Village 5th MOTION: Pat Herrington SECOND: Sherry Dorward VOTE: 4°0 Consent approved. 4. Kaiser/Hall - 250 Addition SM 4876 Juniper Lane/Lot 3, Block 3, Bighorn 5th Addition MOTION: SECOND: VOTE: TABLED TO NOVEMBER 6TH MEETING r~ 5. Hutchinson - Landscaping and entry gate AK 2049 Sunburst Drive/Lot 1, Vail Valley .4th Filing MOTION: SECOND: VOTE: TABLED TO NOVEI~ER 6TH MEETING 6. Sipf Residence - Addition AK 3876 Lupine Drive/Lot 14-A, Block 1, Bighorn 2nd MOTION: Pat Herrington SECOND: Connie Knight VOTE: 4-0 Approved. 7. The Ledges - Utility Meter relocation AK 389 Bighorn Road/Parcels B, C, & D, The Ledges MOTION: SECOND: .VOTE: WITHDRAWN 8. Crossroads - New vent on top of an existing elevator JK 142 East Meadow Drive/Lot P, Block 5-D, Vail Village 1st MOTION: SECOND: VOTE: Staff approved. 9. Crazy Shirts Retail Space - New entrance and facade JK on Wall Street. 250 Bridge Street/Lot D, Block 5-B, Vail Village 1st Filing, Bridge Street Building. MOTION: Connie Knight SECOND: Pat Herrington VOTE: 4-0 Approved. 10. Red Sandstone Elementary - Addition of a modular AK telephone "cell" site. 551 N. Frontage Road West/Lot 8, Vail Potato Patch MOTION: Pat Herrington SECOND: Sherry Dorward VOTE: 4-0 Consent approved. r t 11. Vail Gateway Plaza - Awnings AK 12 Vail Road/Lot N, Vail Village 1st MOTION: Pat Herrington SECOND: Sherry Dorward VOTE: 4-0 Consent approved. 12. Manor Vail - Color Change AK 595 Vail Valley Drive/Nail Village 7th Filing MOTION: Pat Herrington SECOND: Sherry Dorward VOTE: 4-0 Consent approved. 13. Spruce Creek, Phase III - Color selection for new AK single family residence. 1750 S. Frontage Road West/Spruce Creek Townhomes, Phase III MOTION: SECOND: VOTE: TABLED TO NOVEI~ER 6TH MEETING 14. Vista Bahn Ski Rentals - Exterior trim paint MD 278 Hanson Ranch Road/Golden Peak House MOTION: Connie Knight SECOND: Pat Herrington VOTE: 4-0 Approved. 15. Shogun Restaurant - New .sign and menu board BR 292 East Meadow Drive/Mountain Haus MOTION: Pat Herrington SECOND: Sherry Dorward VOTE: 4-0 Approved. MEMBERS PRESENT: MEMBERS ABSENT: Pat Herrington George Lamb Sherry Dorward Ned Gwathmey Connie Knight (PEC) - STAFF APPROVALS: Stolzer Residence - Landscape plan modifications. Lot 1, Block 1, Vail Village 3rd Hymers Duplex - Exterior stone color change. Lot 6, Glen Lyon Subdivision Maclean Residence - Internal 250 & extension to existing deck. Lot 1, Block 3, Lionsridge #3 Treetops Condo. - Modifications to existing "window wall" bridge between Phase I and Phase II. 451 East Lionshead Circle Sheppard Duplex - Remove stone on eastern wall of garage. Lot 4, Block 1, Vail Village 6th Schmidt Addition. - Add stairway on main level, add bedrooms on lowest level. Lot 12, Block B, Vail Das Schone #1 Wittemyer Residence - Wooden enclosure for upper gondola terrninal controls. Lot 1, Block 1, Vail Village 3rd Mclaughin Residence - Replace existing skylight with 3 flat velux skylights. Lot D, Block Vail Village 2nd Village on Bighorn Creek - beck expansion to Unit #3. Lot 1, Block 7, Bighorn 3rd Vestlandet - Exterior repaint. Lot 1 & 2, Vail Village West 1st Fried Garage - New exterior stairs. Lot 7, Block 1, Gore Creek Subdivision Vail Valley Medical Center - Relocation & replacement of incinerator. 181 East Meadow Drive Lifthouse Lodge (Banner Sports Addition) - exterior paint color change. 555 East Lionshead Circle Rotary Landscaping. Located east of the Vail Post Office, south of Timber Ridge and north of I-70. Noble - Deck Expansion. Potato Patch Club Unit #26 Lionshead Center - Skylights and fan Unit #312. Gordon - Repaint. Woodridge Townhomes #5, 6, & 7, i /L ~ ~C'D OCT- - 1 1991 MEMO TO: Ron Phillips ~ 1 FROM: Frank Johnson DATE: September 30, 1991 RE: VRA Office Space Lease Ron, as we discussed, we'd like to get our lease finalized as soon as possible. The two "sticking points" are outlined below: _ _ _ l.) 2Ai - language is too rigid. We would agree - - - to something referring to defaults that are uncured for a period of time, rather than ccncra?Rcscr,~aho~s never being in default. Obviously we don't ]-800-525-3575 elan to be in default, but the original Groin~sulcs language doesn't leave anv room for error. (303) 479-?360 F.4~ (303) 479-2364 2 , Para ra h 3 and Business off;« ) g P paragraph 2 0 f ar. e (303) 476-inoo inconsistent with regard to penalties for FrLl (303) 476-boos rent not received. Ten dollars per day, as DenvcrLinc outlined in 20f seem reasonable. s9s-94S3 If the council needs to approve these language changes, let me know when to appear. As always, thanks for your help in getting this resolved. 100 E. Meadow Drive Vail, Colorado 81657 v /=iG ~ TOWN OF NAIL/NAIL RESORT ASSOCIATION LEASE AGREEMENT THIS LEASE made and entered into this day of 1990, by and. between the TOWN OF NAIL, a Colorado municipal corporation, hereinafter referred to as "the Town," and NAIL RESORT ASSOCIATION, a Colorado not-for-profit corporation, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, the Town now owns a condominium unit in the Village Inn Plaza Phase V condominiums, more particularly described as Unit No. 2, Village Inn Plaza Phase V condominiums in accordance with the Condominium Declaration and Condominium Map thereto in the County of Eagle, State of Colorado; and WHEREAS, the Town is willing to lease space to the Lessee and the Lessee is willing to lease such space space from the Town. NOW THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows: 1. Lease of Premises The Town hereby leases to Lessee and Lessee hereby leases the Town Condominium Unit 2, Village Inn Plaza Phase V condominiums according to the Condominium Declaration and Condominium Map thereof (the "Premises") . 2. Term The term of this lease shall commence on April 1, 1991, and shall terminate on March 31, 1996, unless sooner terminated or extended pursuant to the terms of this lease. (A) Option to Extend Term The lessee shall have have the option to extend the term of this lease for two additional periods of five (5) years ("extended term") on the condition that: i) Lessee was not at any time during the initial term of this lease in default under the terms and conditions of this lease; ii) during any extended term, all of the terms, covenants, and conditions of this lease shall be and remain in full force and effect; iii) Lessee shall not have any right to further extension beyond the second additional five-year period; and iv) The annual rent for the first year of the extended term r shall be the annual rent payable during the last year o:f the initial term multiplied by the. C.P.I. adjustment (as hereinafter defined), but under no event shall the minimum rent for the first year of the extended term be less than twenty thousand dollars ($20,000). Hereinafter, the annual rent for the premises payable during the extended term shall be adjusted annually so that the annual rent payable during each lease year during the extended term shall be the annual rent payable during the lease year immediately preceding the lease year for the which the annual minimum rE~nt is being determined (base year) multiplied by the C.P.I. adjustment (as hereinafter defined), but in no event less than the minimum rent for the base year. Lessee's option to extend shall be exercised by Lessee giving the Town written notice of its election to extend at least ninety (90) days prior to the end of the initial term of this lease for the first extended five-year term., and ninety days prior to the end of the first five-year term for second five-year term, time being of the essence with respect to the giving of such notice. Upon the giving of such notice by the Lessee of its election to extend this lease, the term of this lease shall automatically be extended for five years, and this lease shall be deemed modified in the manner set forth above, without the necessity of any further agreement or document. {B) As used in this lease "C.P.I. Adjustment" shall mean a fraction, the numerator of which is the Consumer Price Index - All Urban Consumers, U.S. City Average - All Items prepared Y~y the Bureau of Labor Statistics of the United States Department of Labor ("C.P.I.") for the last month of the base year as previously defined in Paragraph A above and the nominator of which is the C.P.I. of the last month of the lease year immediately preceding the base year. As such time as the rent for the applicable lease year has been determined as provided above, the rent so calculated shall be effective after the first day of such lease year,. The Lessee shall promptly pay to the landlord in a lump shim any additional rent due. In no event shall the C.P.I. increase the rent for any given year more than twelve percent (12%) over and above the rent of the base year. - 3. Rent For the initial term Lessee shall pay to the Town the annual rent of twenty thousand dollars ($20,000) in equal monthly installments of One Thousand Six Hundred Sixty-six Dollars and Sixty-six Cents ($1666.66) in advance on the first day of each month throughout the initial term of the lease for any extended term. The rent stall be determined as set forth in Paragraph 2A and B of this lease. The rent shall be payable at the office of the Town or at such other place as the Town may designate in writing. If Lessee fails to pay the rent to the Town by the seventh day of the month, Lessee shall pay a penalty to the Town in addition to the monthly rental of One Hundred Sixty Dollars ($160.00) . 4. Leased Premises Lessee shall use and occupy the premises solely as an office for a central reservations service, group room sales, and tourist related events. Lessee is expressly prohibited from making sales of airline tickets for outbound traffic to individuals who walk in off the street. Lessee shall not use or permit the premises to be used for any purposes prohibited by any federal, state, county, or municipal law. Lessee shall use the premises in a careful, safe and proper manner. 5. Fees, Licenses, Etc. Lessee shall pay to the Town all taxes, excises, license fees and permit fees of whatever nature, applicable to its operation in the premises and to take out and keep current all licenses, municipal, state or federal required for the conduct of its business hereunder. 6. Utilities Lessee shall pay all charges for gas, electricity, light, heat, power and telephone or other communications services used, rendered, or supplied upon or in connection with the premises and all condominium association assessments and shall indemnify the Town against any liability or damages on account of such charges. The Town shall provide for the delivery of utility services to Lessee. 7. Acceptance of Premises Lessee shall, by taking possession of the premises, be deemed to have accepted the premises and to have acknowledged that the premises were in good order, condition and repair when possession was taken. 8. Town's Access to Premises The Town and its agents shall have the right to enter the premises at all reasonable times to examine them, to show the premises to prospective purchasers, mortgagees, lessors or lessees, and to make and perform such cleaning, maintenance, repairs, alterations, improvements or additions as the Town may be required to perform under this lease or as the Town may deem necessary or desirable for the safety, improvement or preservation of the premises. If Lessee shall not be personally present to permit an entry into the premises, at any time when for any reason an entry therein shall be necessary or permissible, the Town or the 'Town's agents may enter the premises by use of a master key. In the event of an emergency, the Town may forcibly enter the premises, without rendering the Town or its agents liable therefor. 9. Alterations by Lessee Lessee shall make no permanent alterations, additions or improvements in or to the premises without the Town's prior written consent. All such work shall be performed in a good and workmanlike manner. All permanent alterations, additions or improvements upon the premises, including all panelling, partitions and the like, shall, unless otherwise agreed at the time the 'Town's consent is obtained or unless the Town requests removal thereof as provided in this agreement, become the property of the Town, and shall remain upon, and be surrendered with the premises, as a part thereof at the end term of this lease. 10. Maintenance and Repairs Lessee shall take good care of the premises and the fixtures and improvements therein, including, without limitation, any storefront, doors, plate glass, windows, heating and air conditioning system, plumbing, pipes, electrical wiring and conduits, and at its sole cost and expense, perform maintenance and make repairs, restorations or replacements as and when needed to preserve them in good working order and first class condition. 11. Mechanics Liens a. Lessee shall pay or cause to be paid all costs for work done by it or cause to be done by it in or to the premises and Lessee shall keep the premises free and clear of all mechanics liens and other liens or claims of any kind on account of work done for Lessee or persons claiming under it. Should any liens be filed or recorded against the premises or any action affecting the title thereto be commenced, Lessee shall give Landlord written notice thereof. Lessee shall thereafter cause such liens to be removed of record within thirty (30) days after the filing of the liens. If Lessee shall desire to contest any claim of lien, it shall furnish the Town with security satisfactory to the Town of at least one hundred percent (1000) of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Lessee shall pay and satisfy the same at once. b. At least thirty (30) days prior to the commencement of any work to the premises subsequent to the initial remodeling, by or for Lessee, or anyone claiming under Lessee, Lessee shall notify the Town of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. During and prior to any such work on the premises, the Town and its agents shall have the right to go upon and inspect the premises at all reasonable times. 12. Casualtv and Obsolescence a. If the premises shall be damaged by fire or any other cause and the Village Inn Plaza Phase V Condominium Association and the Town shall elect to repair the damage, this lease shall continue in full force and effect and, if such damage shall render all or part of the premises untenable, the minimum rent due hereunder shall be proportionally abated (based on the proportion of the premises rendered untenable) from the date of such damage until such time as the premises have been made tenable. However, there shall be no abatement of rent if the fire or other cause of the damage shall be caused by the negligence or misconduct of the Lessee, its agents, servants or employees, or by any other persons entering upon the premises or the building by the expressed or implied invitation of the Lessee. b. If the premises or the Village Inn Plaza Phase V condominiums are damaged by fire or other cause (although in the latter case the premises may be unaffected) and the Association and the Town shall elect not to repair such damage, then this lease shall automatically terminate upon and effective as of the giving of notice by the Town of such election. During any period commencing with the date of damage and continuing until the giving of notice as set forth in this paragraph, this lease shall continue in full force and effect and the minimum rent due hereunder- shall be proportionately abated (based on the portion of the Pz-emises rendered untenable). However, there shall be no abatement of the rent if the fire or other cause of damage shall be caused by the negligence or misconduct of the Lessee, its agents, servants, or employees, or by any other persons entering upon the Prem~_ses or the building by the expressed or implied consent of Lessee. Thereupon within thirty (30) days of the receipt of such notice, Lessee shall surrender to the Town the premises and all i~~terest under this lease and the Town may reenter and take possession of the premises and remove Lessee therefrom. Lessee shall pay rent duly apportioned as of the date of such termination of this lease, and the Town and the Lessee shall be free and discharged from all -3- obligations arising hereunder after the date of such termination. c. The Town shall notify Lessee of the decision of the Town to repair any damage to the premises promptly after making such decision. If the Town elects to repair, reconstruct or restore the premises or the building after any such damage, the Town shall promptly commence and with due diligence complete the repair, reconstruction and restoration of the premises so far as practical to the condition in which the premises or the building were immediately prior to such damage. The Town shall not be responsible or liable for the timely and proper performance of any repairs, reconstruction or restoration to be done by the Village Inn Plaza Phase V Condominium Association. In no event shall the Town or the Association be required to make any repairs or replacements to or of any of Lessee's lease hold improvements, fixtures, equipment, furniture, furnishings and personal property. Should the Town insure the personal property, furnishings, and equipment located within the premises, any proceeds received by the Town for damage to said personal property shall become the property of the Lessee. 13. Assignment and Subletting Lessee shall not assign, convey, mortgage, hypothecate or encumber this lease or any interest herein or sublet all or any part of the premises (any and all of which hereinafter shall be referred to as a "transfer") without the prior written consent of the Town in each instance. Any attempt to transfer without the Town's prior written consent shall be void and shall confer no rights upon any third person. ~nTithout limiting the generality of the foregoing, if Lessee is not a natural person, any merger, dissolution, consolidation or other organization of Lessee, or any sale, transfer, pledge or other disposition of corporate stock or voting securities of Lessee or other ownership interests if Lessee is not a corporation which results in a change in the voting control of Lessee for which involves forty percent (40%) or more of the voting securities of Lessee or other ownership interests if Lessee is not a corporation, all on an accumulative basis, shall be -4- deemed a transfer subject to the provisions of this section. Any - transfer, assignment or sale by operation of law and any involuntary assignment of this lease or any interest of Lessee hereunder or any interest of Lessee in the premises shall be deemed a transfer subject to the provisions of this section. 14. Insurance Lessee shall not at any time carry any stock of goods or do or suffer or permit anything to be done in or about the premises that is hazardous or that in any manner will violate, su~~pend, void, make inoperative or tend to increase the rate of any policies of insurance of any kind at any time carried by the Town upon the premises. 15. Injury to Person or Property a. Lessee covenants and agrees that the Town, its agents, servants and employees shall not at any time or t.o any extent whatsoever be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property or otherwise which at any time may arise in connection with the premises or be suffered or sustained by Lessee, its agents, servants or employees, or by any other person rightfully on the premises for any purpose whatsoever, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or negligence of Lessee, its agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the premises, or shall result from or be caused by any interference with or obstruction of deliveries to the premises by any person or by the loss or destruction by any person of furniture, inventory, valuables, files or any other property kept or stored on or about the premises or by any other matter or thing unless resulting solely from the gross negligence or willful misconduct of the Town, its agents, servants or employees. Lessee shall forever indemnify, defend, hold and save the Town free and harmless of, from and against any and all demands, claims, causes of action, liabilities, losses, damages or judgments on account of any of the foregoing provided that this indemnity shall not extend to damages resulting solely from the gross negligence or willful misconduct of the Town, its agents, servants or employees. The foregoing obligation to indemnify shall include indemnification to the Town for all costs, expenses and liabilities (including, but not limited to, attorneys fees) incurred by the Town in investigating and defending any of the matters covered hereby. Lessee hereby waives all claims against the Town, its agents, servants and employees for damages to furnishings, fixtures, Lessee's improvements and betterments, goods, wares, merchandise or other property, in or upon or about the premises, and for injuries to or death of persons in or about the premises, and for loss of income or goodwill in connection therewith arising from any cause at any time other than damages resulting solely from the gross negligence or willful misconduct of the Town, its agents, servants or employees. b. The Town, its agents, servants and employees shall not be liable for injury, death or damage which may be sustained by the improvements, betterments, persons, goods, wares, merchandise or property of Lessee, its agents, servants, employees, invitees or customers or any other person in or about the premises caused by or resulting from fire, explosion, falling plaster, steam, electricity, gas, water, rain or snow, leak or flow of water, rain, or snow from or into part of the building or from the roof, street, subsurface or from any other place or by dampness of from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the building or the premises, or whether such damage or injury results from conditions arising upon the premises or upon other portions of the building or from other sources. The Town shall not be liable for any damage arising from any act or neglect of any other lessee or occupant of the Village Inn Plaza Phase V or from any owner or occupant of any residential or commercial unit in the building. c. If the Village Inn Plaza Phase V Condominium Association shall at any time determine the building is obsolete and shall adopt a plan to reconstruct and renovate the building, -4- the Town shall give the Lessee written notice thereof. Upon giving such notice, the Town shall have the option to terminate this lease by giving written notice of termination to the Lessee within thirty (30) days after the giving of notice of the Association's actions. If the Lessee shall not so terminate this lease, this lease shall continue in full force and effect and, if any reconstruction and renovation of the building shall render all or a part of the premises untenable, the minimum rent due hereunder shall be proportionally abated during the period in which all are a part of the premises is untenable as certified by the Association c>r the tenants' architect. Any such abatement of minimum rent shall be in the amount equal to the proportion thereof the gross leasable area of the premises rendered untenable there to the premises gross leasable area (as the same may change over the time as the reconstruction and renovation proceeds). If Landlord elects to terminate this lease, this lease shall terminate as of the date any reconstruction or renovation in the premises shall commence or the date on which the sale of the building shall be closed, as the case may be. Thereupon, Lessee shall surrender to the Town the premises and all interest therein under this lease and the Town may reenter and take possession of the premises and remove Lessee therefrom. Lessee shall pay rent, duly apportioned as of the date of such termination of this lease, and the Town and Lessee shall be free and discharged from all obligations arising hereunder after the date of such termination. 16. End of Term Upon the expiration or other termination of the term of this lease, Lessee shall promptly quit and surrender to the Town the premises, broom cleaned, in good order and first class condition, ordinary wear excepted. If Lessee is not then in default hereunder, Lessee may remove from the premises any trade fixtures, equipment, and movable furniture and exhibits stored therein by Lessee, whether or not such trade fixtures or equipment are fastened to the building, provided however, that under no circumstances shall any trade fixture or equipment be removed without the Town's written consent if 'such fixture or equipment is used in the operation of the building or improvements or the removal of such fixture or equipment will result in impairing the structural strength of the building or improvements. Whether or not Lessee is in default hereunder, Lessee shall remove such alterations, additions, improvements, trade fixtures, equipment and furniture as the Town shall require. Lessee shall fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions and improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions and improvements not so removed shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by the Town without notice to the Lessee or any other person and without obligation to account therefor; and Lessee shall pay the Town for all expenses incurred in connection with such property, including, but not limited to, the cost of repairing any damage to the building or premises caused by removal of such property. Lessee's obligation to observe and perform this covenant shall survive the expiration or other termination of this lease. 17. Holdover If Lessee or any assignee, subtenant or other transferee of or from Lessee shall remain or continue to be in possession of the premises or any part thereof after the end of the term of this lease, at the Town's option, Lessee shall be deemed to be illegally retaining possession or shall be deemed to be a month-to-month tenant of the premises on all the terms and conditions of this lease except that the monthly rent shall be in an amount equal to three hundred percent (3000) of the monthly rent payable immediately prior to the end of the term. In the event of any unauthorized holdingover, Lessee shall indemnify the Town against all claims for damages by any person to whom the Town may have leased all or any part of the premises effective after the termination of this lease. Nothing herein contained shall be construed to limit the Town' s right to obtain possession of the premises upon termination of this lease by unlawful detainer -4- proceedings or otherwise in the event that the Town does not exercise its option to treat the continued possession by the Lessee as a month-to-month tenancy. 18. Subordination This lease is subject and subordinate to that certain condominium declaration for the Village Inn Plaza Phase V condominiums dated 19_ recorded in the real property records of Eagle County, Colorado in Book at Page (the declaration), to the Articles of Incorporation and Bylaws of the Condominium Association of the Village Inn Plaza Phase V condominiums and to all renewals, extensions, modifications, consolidations and replacements thereof. Lessee shall have none of the rights (including, but not limited to, voting rights) of a condominium unit owner under the declaration or . otherwise or of a member of the Association, and all such rights are and shall remain the rights of the Town. 19. Default The occurrence or existence of any one or more of the following events or circumstances shall constitute a default hereunder by Lessee. a. Lessee shall fail to pay when due any installment of rent or any other sum payable by Lessee under the terms of this lease; b. Lessee shall neglect or fail to perform or observe any of the covenants herein contained on Lessee's part to be performed or observed and Lessee shall fail to remedy such default within ten (10) days after the Town shall have given to Lessee written notice specifying such neglect or failure (or within such period, if any, as may be reasonably required to cure such default if it of such nature that it cannot be cured within such ten day period, provided that Lessee commences to remedy such default within such ten day period and proceeds with reasonable diligence thereafter to cure such default); c. This lease or the premises or any part thereof shall be taken upon execution or by other processes of law directed against Lessee or shall be taken upon or subject to any attachment at the instance of any creditor of or claimant against Lessee, and such attachment shall not be discharged or disposed of within fifteen (15) days after the levy thereof; d. Lessee shall vacate or abandon the premises (which shall be defined to include, but not be limited to, any absence by Lessee from the premises for five (5) or more days while otherwise in default under this lease) or lock them so as to prevent entry therein of the Town or its representatives as permitted by the terms of this lease. Notwithstanding the foregoing, Lessee shall have the right to be absent from or to close the Premises for two (2) weeks in the autumn and three (3) weeks in the spring during the term of this lease; e. Lessee shall remove or attempt to remove any goods or property from the premises other than in the usual course of business; f. Lessee or any guarantor of Lessee's obligations hereunder shall: i. Admit in writing its inability to pay its debts generally as they become due, ii. Make an assignment of all or a substantial part of its property for the benefit of creditors, iii. Apply for or consent to or acquiesce in the appointment of a receiver, trustee or liquidator of Lessee or such guarantor or of all or a substantial part of Lessee's or such guarantor's property or of the premises or of Lessee's interest in this lease, or iv. File a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under any bankruptcy or insolvency law or any arrangement with creditors, or take advantage of any insolvency law or file an answer admitting the material allegations of a petition filed against Lessee or such guarantor in any bankruptcy, reorganization or insolvency proceedings; or g. The entry of a court order, judgment or decree without the application, approval or consent of Lessee or any guarantor of Lessee's obligations hereunder, as the case may be, -4- approving a petition seeking reorganization of Lessee or such - guarantor under any bankruptcy or insolvency or appointing a receiver, trustee or liquidator of Lessee or such guarantor or of all or a substantial part of Lessee's or such guarantor's property or of the premises or of Lessee's interest in this lease, or adjudicating Lessee or such guarantor a bankrupt or insolvent, and such order, judgment or decree shall not be vacated, set aside or staid within thirty (30) days from the date of entry. 20. Remedies If Lessee shall default under this lease as set forth in the preceding section, the Town shall have the following rights and remedies, in addition to all other remedies at law or equity, and none of the following, whether or not exercised by the Town, shall preclude the exercise of any other right or remedy whether set forth in this agreement or existing at law or equity: a. The Town shall have the right to terminate this lease by giving Lessee notice in writing at any time. No act by or on behalf of the Town, such as entry of the premises by the Town to perform maintenance and repairs and efforts to relet the premises, other than giving Lessee written notice of termination, shall terminate this lease. If the Town gives such notice, this lease and the term hereof as well as the right, title and interest of Lessee under this lease shall wholly cease and expire in the same manner and with the same force and effect (except as to Lessee's liability on the date specified in such notice as if such date were the expiration date of the term of this lease without the necessity of reentry or any other act on the Town's part. Upon, any termination of this lease, Lessee shall quit and surrender to the Town the premises as set forth in Section 16. If this lease is terminated, Lessee shall remain liable to the Town for all rent and sums accrued and unpaid hereunder to the date of termination of this lease and the Town shall be entitled to recover from. Lessee the worth at the time of the award at the amount by which the unpaid rent and other sums for the balance of the term exceeds the amount of such loss for the same period that Lessee proves could have been reasonably avoided. b. The Town may without demand or notice reenter and take possession of the premises or any part thereof and repossess the same as of the Town's former estate and expel the Lessee and those claiming through or under, and remove the effects of~any and all such persons (forcibly, if necessary) without being deemed guilty of any manner of trespass, without prejudice to any remedies for arrears of rent or preceding breach of covenants and without terminating this lease or otherwise relieving Lessee of any obligation hereunder. Should the Town elect to reenter as provided in this Section 26(b), or should the Town take possession pursuant to legal proceedings or pursuant to any notice provided for by law, the Town may from time to time, without terminating this lease, relet the premises or any part thereof for such term or terms and at such rental or rentals and upon such other conditions as the Town may in its absolute discretion deem advisable, with the right to make alterations and repairs to the premises. No such reentry, repossession or reletting of the premises by the Town shall be construed as an election on the Town's part to terminate this lease unless a written notice of termination is given to the Lessee by the Town. No such reentry, repossession or reletting of the premises shall relieve the Lessee of its liability and obligation under this lease, all of which shall survive such reentry, repossession or reletting. Upon the occurrence of such reentry or repossession, the Town shall be entitled to the amount of the monthly rent, and any other sums, which would be payable hereunder if such reentry or repossession had not occurred, less the net proceeds, if any, of any reletting of the premises after deducting all of the Town's expenses in connection with such reletting, including but without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys fees, preparation for such reletting. Lessee shall pay such amount to the Town on the days on which the rent or any other sum is due hereunder would have been payable hereunder if possession had not been retaken. In no event shall Lessee be entitled to receive the excess, if any, of net rent collected by the Town as a result of such reletting over the sums -4- payable by the Lessee to the Town hereunder. c. If the Lessee shall default in making any payment required to be made by Lessee (other than payments of rent) or shall default in performing any other obligations of Lessee under this lease, the Town may, but shall not be obligated to, make such payment on behalf of the Lessee or expend such sum of money as may be necessary to perform such obligation. All sums so expended by the Town with interest thereon at the rate provided in Section 21f shall be repaid by the Lessee to the Town on demand. No such payment or expenditure by the Town shall be deemed a waiver of Lessee's default nor shall it affect any other remedy of Lessee by reason of such default. d. If the Lessee shall default in making payment of any rent or other sum due under this lease, Landlord may charge and the . Lessee shall pay upon demand interest thereon at the rate provided in Section 20f. e. In any action of unlawful detainer commenced by the Town against the Lessee by reason of any default hereunder, the reasonable rental value of the premises for the period of the unlawful detainer shall be deemed to be the greater of the amount of rent, additional rent and other sums reserved in this lease for such period or the actual rent, additional rent and other sums paid for the comparable period of the preceding year unless the Town and the Lessee shall prove to the contrary by competent evidence. f . Whenever Lessee shall be required to make payment to the Town of any sum with interest, interest on such sum may be computed from the date such sum is due until paid, at an interest rate equal to the discount rate of the Federal Reserve Bank of New York (as the same may change over time) plus four percent (4$) per annum, except in the case of past due rent. If rent is not received by the Landlord on or before the seventh of the month, the sum of ten dollars ($10.00) per day shall be charged to the Lessee as additional rent. 21. Sians Lessee shall not install, place, inscribe, p,sint or otherwise attach and shall not permit any sign, advertisement, notice, marquis or awning on any part of the outside of the premises (including any portion of the premises fronting on any interior corridor or lobby) or on any part of the inside of the premises which is visible from outside the premises or on any part of the building (including the outside walls and the roof) without the prior written consent of the Town in each instance. Any permitted signs shall comply with the requirements of the Town of Vail and the Lessee shall be solely responsible for such compliance. Lessee shall, at its own expense, maintain in first class condition all permitted signs and shall, on the expiration or termination of this lease and at its own expense, remove all such permitted signs and repair any damage caused by such removal. The Town shall have the right to remove all non-permitted signs without notice to Lessee and at the expense of the Lessee. Lessee's obligation under this Section 23 shall survive the expiration or termination of this lease. 22. Indemnitv Lessee shall indemnify and hold the Town and the premises free, clear and harmless from any and all demands, claims, causes of action, damages, liabilities, losses, expenses (including, without limitation, attorneys fees) of any kind whatsoever, in connection with, arising out of or by reason of any breech, violation or nonperformance by Lessee or its agents, servants, employees or invitees, or any covenant or provision of this lease or any law, ordinance, rule, regulation or order. 23. No Implied Waiver The failure of the Town to seek redress for violation of or to insist upon the strict performance of, any covenant or condition of this lease shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. If it should be necessary or proper for the Town to bring any action under this lease or to place this lease with any attorney for the enforcement of any of the Town's rights hereunder, then Lessee agrees to pay the Town's reasonable attorney's fees and all expenses and court -4- costs. The receipt by the Town of any rent with knowledge of the breech of any covenant of this lease shall not be deemed a waiver of such breech. No provision of this lease shall be deemed to have been waived by the Town unless such waiver is in writing signed by the Town. No act or thing done by the Town or the Town's agents during the term of this lease shall deemed an acceptance or a surrender of the premises and no agreement to accept such surrender shall be valid unless in writing signed by the Town. No payment by Lessee, or receipt by the Town of a lesser amount than the rent due hereunder shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statemE~nt on any check or any letter accompanying any check or payment asc rent be deemed in accordance satisfaction, and the Town may accept such check or payment without prejudice to the Town's right to recover the balance of such rent or pursue any other remedy available to the Town. 24. No Representations by the Town; Entire Agreement The Town and the Town's agents have made no representations, warranties, agreements or promises with respect to the premises, the center or the building except such as are expressed herein. The Town nor its agents have made no representations, warranties, agreements or promises with respect to the exact size of the premises. The entire contract of the parties is contained and there are no promises, agreements, representations, warranties, conditions or understandings, either oral or written between them other than as are set forth in this agreement. 25. No Partnership Notwithstanding anything contained in this agreement to the contrary, the Town is not and shall not in any way or for any purposes become principal or partner of Lessee in the conduct of its business, or otherwise, or a joint venturer or member of a joint enterprise with the Lessee. 26. Parking During the term of this lease and any extension thereof, the Lessee shall have the right to utilize one (1) parking space in the Town of Vail Municipal Office Parking Lot. 27. NOTICES All notices required to be given to Lessee hereunder shall be given by certified or registered mail addressed to Lessee at all notices required to be given the Town shall be given by registered or certified mail to the attention of the Town Manager at 75 South Frontage Road, Vail, Colorado 81657; provided, however, the parties, or either of them, may designate in writing from time to time a substitute address for said notices. 28. Miscellaneous a. If any provision of this lease shall prove to be illegal, invalid or unenforceable, the remainder of this lease shall not be affected thereby. b. Except as provided herein, no amendment, alteration, modification or addition to this lease shall be valid or binding unless in writing and signed by the party or parties to be bound thereby. c. The caption of each section is added as a matter of convenience only, and to be considered of no effect in the construction of any provisions of this lease. d. The covenants, conditions and agreements contained in this lease shall bind and inure to the benefit of the Town, the Lessee, the respective heirs, distributees, executors, administrators, successors, and subject to the terms of this agreement, their assigns. e. This lease shall be governed and interpreted in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the Town and the Lessee have executed this lease as of the date first set forth above. TOWN OF VAIL, a Colorado VAIL RESORT ASSOCIATION, a municipal corporation Colorado not-for-profit corporation By: By: Rondall V. Phillips, Sylvia Blount, Town Manager Executive Director C:\NEWVRA -4- ~ a~. - UTILITY EASEMENT AGREEMENT THIS AGREEMENT is made on , 19 ,between the TOWN OF VAIL, a Colorado municipal corporation ('Grantor') and HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation ('Grantee'), WHEREAS, the Grantee has requested that the Town of Vail grant to it an easement for power line construction; and WHEREAS, the Grantor is willing to provide such easement under the following terms and conditions: NOW, THEREFORE, the parties agree as follows: 1. The Grantor for ten dollars ($10.00) and other good and valuable consideration does hereby grant and convey to the Grantee, its successors and assigns, a perpetual easement to survey, construct, reconstruct, enlarge, operate, maintain, repair, or remove overhead power lines over the following described real property: The centerline of said easement being an overhead power line as constructed over portions of Govemment Lots 13, 23, and 24, Section 14, Township 5 South, Range 81 West, 6th Principal Meridian, County of Eagle, State of Colorado. Said easement shall be twenty-five (25) feet in width, being twelve and one half (12.5) feet on each side of a centerline described as follows: Commencing at the center of Section 14; thence N01°23'36'W 999.87 feet along the easterly line of said Lot 24 to the point of beginning; thence S40°42'29'W 7.31 feet; thence S40°05'15'W 468.71 feet; thence S40°30'22"W 359.99 feet; thence S64°13'S0'W 175.62 feet, more or less, to the northerly line of said Lot 23, said northerly line also being the southerly right-of-way line for Interstate Highway No. 70, the side lines of said easement to be shortened or lengthened to terminate at the said property lines of said Lots 23 and 24. This legal description is based upon a land survey map prepared by professional land surveyor Wallace Beedle, P.L.S. #20632, dated 12/06/90. Basis of bearing is the easterly line of Government Lot 24, Section 14, Township 5 South, Range 81 West, 6th Principal Meridian, County of Eagle, State of Colorado, being N01°23'36'W, as shown on the Bureau of Land Management plat of record. 2. Grantor grants to Grantee, it successors and assigns, the right of ingress and egress across said Government Lots 13, 23 and 24 to access said power line easement. 3. The Grantor shall have the right to use the easement premises for any purpose that does not directty conflict with the use of the easement premises by the Grantee and shall further have the right to grant other non- exclusive easements over, along, below, or upon the easement premises which do not directly conflict with the use of the easement premises by the Grantee. Said use or improvements placed on said other easements will not cause violation of the National Electrical Safety Code clearance requirements from 25KV overhead power lines. 4. The Grantor reserves the right to modify and change the location of the easement providing that such relocated easement shall be of the same character and subject to the same use as is established in this agreement in favor of the grantee and is equally suitable for the purposes for which this easement is created. If this easement is relocated, Grantor shall pay all costs associated with relocating existing power lines from this easement onto the relocated easement. 5. Grantee agrees that it will indemnify the Grantor, its agents officers and employees from all claims or causes of action whatsoever, including court costs and reasonable attorney's fees which may arise out of, or as a consequence of the Grantee's use of the easement premises. 6. Grantor hereby grants to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires in falling. 7. Grantor agrees that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. 8. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those shown on the attached Exhibit A. 9. Upon the removal of the equipment placed in the easement premises or upon the abandonment of the easement premises by the Grantee, all rights, title, and interest of the Grantee under this instrument shall cease and all interest in the easement premises shall return to the Grantor. TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION ATTEST: By: By; Pamela A. Brandmeyer, Town Clerk Rondall V. Phillips, Town Manager STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 by RONDALL V. PHILLIPS, TOWN MANAGER AND PAMELA A. BRANDMEYER, TOWN CLERK OF THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION. WITNESS my hand and official seal. My commission expires: Notary Public Address: • HOLY CROSS ELECTRIC ASSOCIATION, INC. ATTEST: BY~ By: Title: STATE OF ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 by as and as of HOLY CROSS ELECTRIC ASSOCIATION, INC. WITNESS my hand and official seal. My commission expires: Notary Public Address: i EXHIBIT A A L T A C O M M I T M E N T „ SCHEDULE B-2 , (Exceptions) Application No. V15776 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges., if any. 9. RIGHT OF WAY GRANT FROM ALLEN J. STEPHENS AND MARION STEPHENS TO UPPER EAGLE VALLEY SANITATION DISTRICT BY INSTRUMENT RECORDED FEBRUARY 17, 1970 IN BOOK 217 AT PAGE 95. 10. TEMPORARY EASEMENT GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT BY INSTRUMENT RECORDED JANUARY 19, 1979 IN BOOK 281 AT PAGE 35. 11. RIGHT OF WAY EASEMENT DEED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY BY INSTRUMENT RECORDED IN BOOK 211 AT PAGE 670. 12. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERESECT THE PREMISES HEREBY GRANTED IN UNITED STATES PATENTS RECORDED IN BOOK 48 AT PAGE 272 AND IN BOOK 48 AT PAGE 508. 13. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED September 13, 1902, IN BOOK 48 AT PAGE 491 AND 492. i 14. RIGHT OF WAY 50 FEET IN WIDTH FOR ROADWAY AND PUBLIC UTILITIES PURPOSES, TO L BE LOCATED ALONG THE SOUTH BOUNDARY OF SAID LAND AS RESERVED IN THE PATENT RECORDED OCTOBER 15, 1957 IN BOOK 158 AT PAGE 120. L5. EASEMENT DEED GRANTED BY ALLEN J. STEPHENS AND MARION L. STEPHENS TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO FOR RIGHT OF WAY PURPOSES GRANTED i IN WARRANTY DEED RECORDED MARCH 13, 1967 IN BOOK 203 AT PAGE 235. L6. RIGHT OF WAY EASEMENT GRANTED TO WESTERN SLOPE GA5 COMPANY BY INSTRUMENT RECORDED JULY 27, 1966 IN BOOK 197 AT PAGE 371. AGE 3 . M E M O R A N D U M T0: Members of the Town Council FROM:. Martha Raecker, Deputy Town Clerk DATE: October 21, 1991 SUBJECT: Candidates for Town Council i i Just to confirm for all of you, the following met the petition ~ filing deadline for the November 19, 1991, Regular' Municipal Election: ~ Bob Buckley Paul Golden Michael Jewett Merv Lapin Howard Rapson Peter Rudy Jim Shearer ~ ~ Hermann Staufer Tom Steinberg Dalton Williams Candidates have until this Friday, October 25th, to withdraw their nominations. Friday is also the last day to register to vote in this election. t I l f TOWN COUNCIL CANDIDATES REGULAR MUNICIPAL ELECTION - NOVEMBER 19, 1991 Bob Buckley Paul Golden 2705 Bald Mountain Road 2449 Arosa Drive Vail, CO 81657 Vail, CO 81657 476-8929 476-2164 476-5601 (w) 476-5601 (w) Merv Lapin Howard Rapson 232 West Meadow Drive 2572 Cortina Lane Vail, CO 81657 Vail, CO 81657 476-5483 476-3237 Peter Rudv Jim Shearer P.O. Box 1241 5109 Black Gore Drive "B" Vail, CO 81658 Vail, CO 81657 476-0455 476-3554 476-8865 (w) 476-2421 (w) Hermann Staufer Tom Steinberg P.O. Box 5000 P.O. Box 13 Vail, CO 81658 Vail, CO 81658 _ 476-5400 476-5427 476-5828 (w) Dalton Williams Michael D. Jewett P.O. Box 1251 P.O. Box 314 Vail, CO 81658 Vail, CO 81658 476-0272 476-0413 476-0500 (w) 476-3561 (w) 4i ~ TOWN OF VAIL MEMORANDUM T0: Ron Phillips Council Members FZOM: Steve Thompson DATE: October 22, 1991 RE: Investment Report Enclosed is the investment report with balances as of September 30, 1991. In September, we took advantage of the high coupon rates held in our portfolio by selling a Treasury Bond for a profit of $1,080. We also continued to extend some of our maturities to benefit from the higzer yields further out on the yield curve. We purchased the following agency security: Maturity - _ - Secarity Date Yield Price Value FNMA Bond 9/24/98 7.73% $500,000 $500,000 All transactions took place in the pooled cash fund. Please let me know if you have any questions. cc: Steve Barwick of Vail. Colorado Investment Report Summary of Accounts and Snvestments For the Month Ending September 30. 1991 Funds For Rerervt Balances Percvnta9a Percentage Owrating Fundy 05/'10/91 of Total Alla„vd Money Market Accounts tree page 1~ Corm~ercial Banks (538,907) 5268,290 5249,383 2.03% SOX Money Market Funds 58,246 51,686,324 51.694.570 13.79% 1007: Colorado Investment Poole 51.030,316 51,030,316 8.38% 100% Total 5999,655 S1,974,614 52.974,269 24.20% Commercial Sav3nga & Banks Loans Certificates of Deposit (see page 27 Eagle County Instiwtions 0.00% Other Colorado Instiwtions 5495,000 5495,000 5495,000 4.03% National Instiwtions 5198,000 51,287,000 51,188,000 5297,000 51,485,000 12.08% Total 5198.000 51,782,000 51,683.000 5297,000 51,980,000 16.11% 100% Percentage of Portfolio in Savings & Loans 14.SOX 25X U.S. Government Securities (see page 37 Repurchase Agr , is 51.453,341 51, 453 ,341 11.82% 75X Treasury notes a Sills 5977,407. 5499,492 51.476.893 12.01% 100% GNMA's 5153,373 5153,373 1.25% 100% U.S. Savings Bonds 521,377 521,377 0.17% 100% Federal Agency Oisccunt Notes & Bonds 54,233,478 54.233,478 34,44% 100% Total 55,385,629 51.952,833 57,338,462 59.69% Total Portfolio 58,068,284 54,224,447 512,292,731 300.00% m.a:~a~uaa.:~:~sms~zaa~aa~ _........sn Maturing Within 12 Months 57,068,792 53,549.697 510.616.489 86.38% Maturing Within 24 Months 5N.000 SO 5500,000 4.07% Maturing After 2a Months 5499,492 5674,750 51,174,242 9.54% ' 58.068,284 54,224,447 512.292,731 100.00% 8reakdorn of Reserve Funds G.O. Bond Reserve 53.93b.157 Chuck Anderson Memorial 510.991 Health Inrurance Funds E277,299 54,224,447 10/16/91,)1D invsm09 Manor Market Accounts as of September 30. 1991 -For the Month of September-- Inatiwtion Balances Type of Accounts Nigh Low Average 09/30/91 COMMEFCCIAL BANK ACCOLNTS First Bank of Vail -Operating Interest 4.890% 4.500% 4.570% Balance E692.183 5177,495 5466.466 1567,735) First Bank of Vail - lnauranu Interest 4.890% 4.500% 4.570% 5277,299 Balance - Central Sank of Denver Lnterest 4.661% , General Operating Account Balance '539,819 Tool Commercial Bank Accounts E249.383 LGCPL GOVERNMENT INVESTMENT POOL Colorado Trust (Investment Pool) Interest 5.250x Balance E1,030,316 MONEY MPFbCET MUTUAL FUNDS Federated Securities Corp. U. S. Treasury Truest Reserve Account Interest 5.530% ~zz~ Balance 5647,117 Fidelity Investment Government Money Market Accounts Inter eat 5.380% Bond Issue Reserve Account Balance E1,039,207 General Operating Acxunt Balance 58,246 Total Money Market Mu oral Fund E1 .694,570 Tool all accwnts E2, 974,269 a___._._._a= **ACCOUnt Subject to Arbitrage Rvbav ~ l0/18/91j1p ' invrmi09 Page 1 it • ~:ertificates of Deposit • as of September 30. 1991 Bank Name. Location Days to Rates Purchase Maturity Maturity Maturity Ins Coupon Yield Date Date at Purchase Value Sterling Savings and Loan, Irvine, CA SAIF 10.500% 10.250% 10-Apr-Q9 02-Oec-91 966 599.000 • Bay Loan & Investment Bank, East Greenwich, RI, Reserved Funds . FDIC 9.300% 9.050% 11-Jul-89 02-Dec-91 874 $99.000 Homestead Savings Association, Middletown, PA, Reserved Funds SAIF 9.100% 8.900% 21-Ju1-89 02-Dec-91 864 599,000 Western Financial Savings Bank, Irvine, CA SAIF 7.625% 7.375% 15-Jan-91 02-Oec-91 321 599.000 Cardinal Federal Savings Bank, Cleveland, CH SAIF 7.450% 7.325% 15-Jan-91 02-Dec-91 321 $99,000 Western Federal Savings and Loan, Marina Del Ray, CA SAIF 7.525Y. 7.375X 15-Jan-91 02-flcc-91 321 $99.000 Parnrapo SavinSS and Loan. Hoboken, NJ SAIF 7.500% 7.375% 15-Jan-91. 02-0ec-91 321 599,000 Glendale Federal Savings and Loan, Ft. Lauderdale, FL SAIF 7.625% 7.375% 15-Jan-91 02-t~ec-91 321 599.000 Colorado Federal Savings Bank, Sterling. CO SAIF 7.570% 7.671% 17-Jan-91 02-+~ec-91 319 599.000 Columbia Savings, Cenver, CD SAIF 7.150% 7.150% 28-Jan-91 02-Oec-91 308 599.000 First Federal Savings Bank,. Denver, CO SAIF 7.250% 7.250% 28-Jan-91 02-0~~-91 308 599.000 Thatcher Bank Federal Savings Bank, Salida. Cfl SAIF 7.250% 7.250% 31-Jan-91 02-Der91 305 599.000 Colorado Savings Bank. Denver, CD SAIF 7.450% 7.454% 31-Jan-91 02-Dec-91 305 599.000 Southern Financial Federal Savings Bank. Warrenton. VA SAIF 7.100% 7.000% 07-Feb-91 02-Deo-91 29'd 599,000 First Security Savings Bank, MI SAIF 7.200% 7.000% I1-Feb-91 02-Oeo-91 294 599.000 First Heights Bank, Hcuaton, TX SAIF 7.050% 7.050% 11-Feb-91 02-Dec-91 294 599.000 CONTINUED Certificates of Deposit as of September 30. 1991 Bank Name, Location DdY9 LO Rites Purchase Maturity Maturity Maturity Ins Coupon Yield Date Date at Purchase Value Bluebonnet Savings Bank, Dallas, TX SAZF 7.25% 7.25% 11-Feb-91 02-flec-91 294 599,000 La Jolla Savings Bank. Indian Wells, CA SAIF 7.000% 6.850% 20-Feb-91 02-Oec-91 285 599.000 Santa Ana Savings and Loan SAIF 7.150% 7.150% 20-Feb-91 02-Dec-91 285 599.000 Lmdonville Savings Bank & Trust, Lmdonville, VT, Reserved Funds FDIC 9.250% 9.050% 26-Jul-89 O1-Jun-92 1041 599,000 Avg Yield 7.657% 51,980,OOG DdYB to Maturity 60. i i I V ' Government Severities to of September 30, 1991 ~Treasurv Notes & Bills:: Oars • t0 D3Y9 Interest Rate Purchase Maturity Mawritr to Book Pay Type Fund Coupm Yield Date Date at Purchase Mawrity value Value Bond Pooled Cash 6.SCAX 6.607% O1-Feb-91 15-Nov-91 287 76 E500,000 5500,000 Zero DeOt Service 7.820% 21-Jun-91 15-Nov-95 1608 1537 5499,492 5700.000 Bill Aooled Cash 6.480% 01-Feb-91 24-Oct-91 265 54 5477,401 5500,000 Average Years To Mawrity 1.52 51,476,893 51,700,000 Average Yield 6.98% a__....„..._...,..... ~~Reourchase Agr~,:..,~„ts=a Purchase Mawrity Book Instiwtion Yield Date Date Value Morgan Stanley = 7.850% O1-Jun-91 O1-rJec-91 51,453.341 = Sinking Fund Invesunent a Retire G.O. Bonds a~GTiMA' S~~ Years to Estimated Interest Rate Purchase Maturity Mawrity Years to Principal Pool Cououi Yield Oate Date at Purchase Mawrity Outstanding 5803 B.000X 8.480% 14-Nov-86 15-Oct-OS 19.10 16.00 538,%2 13003 8.000% 9.500% 24-Oct-86 15-Oct-06 20.20 17.00 552,033 14659 3.000% 9.200% 24-Oct-86 15-Jan-07 21.20 18.00 562.378 Avg Yieltl 9.119% 5153.373 ~~U.S. Savings BondsYU Years to Issue Mawritr Mawrity Years to Book Mawritr Series Yield Oats Date at Purchase Mawrity Value Value EE 7.170% O1-Oct-86 01-Oct-96 10.00 5.09 521.377 530,000 Federal Agency Discount Notes 8 Bonds= Dare to Interest Rate Purchase Maturity Mawritr Dana to Book Mawrity Agency Fund Coupon Yield Date Date at Purchase Mawrity value Value FHLB Pooled 7.192% 14-Dec-90 02-Dee-91 353.00 95.00 5233.478 5250,000 FNMA Pooled 5.947% O9-±~av-41 OS~IOV-91 180.00 66.00 5500,000 5500,000 FHLB Pooled 7.080% 7.080% 25-Jun-91 25-Jun-93 731.00 664.00 5500,000 5500,000 FNMA PooleO 7.730% 7.730% 25-Sep-91 24-SeP-98 2556.00 2581.00 5500,000 5500,000 FliLB Pooled 8.700% 6.000% 29-Apr-91 25-Oct-91 179.00 55.00 5500,000 5500,000 _ FFC Pooled 8.050% 6.358% 14-h1ar-91 01-Oct-91 201.00 31.00 51,000,000 51,000.000 FNLB Pooled 7.450% 6.425% 27-Mar-91 25-f1ov-91 243.00 86.00 51,000,000 51,000.000 54,233.478 54,250.000 ~j Average Yield 5.66% Average Days to Mawrity 511 Total 57,338,462 3 0/18/91,1 1 p invtr09 Page 3 e~sc ~ WORK SESSION FOLLOW-UP October 18, 1991 ' Page 1 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 8/8/89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements Council is mulling over next step. ANNEXATION for annexation. (request: Lapin) 07/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Larry will work with bond counsel EAST VAIL Electric to establish special improvement regarding financing package. Larry district(s) for underground utilities in update Council at 10-22-91 WS. East Vail. 12/18 MILLRACE CONDO. ASSN. KRISTAN: Respond. With foreclosure of property complete, LETTER follow-up on new contacts initiated. A letter has been written to Seattle First; response requested as soon as possible. Will keep Council posted. Met with Frank Freyer and bank on 9-26-91. 05/07 VA/2o SALES TAX COLLECTION LARRY/STEVE: Research remedies to change Research is underway. Larry to get any (request: Gibson/Lapin) this to a mandatory TOV tax collection. legal information needed to Steve. To be done when budget work sessions are completed. Draft ordinance forwarded to Forest Service and VA for review. 07/09 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry will further research civil PROPERTY liability issue and return to Council WS on 10-29-91. 08/27 SALES TAX ISSUES SALLY LORTON: Rob stated a new Hotel mark-ups on "guest" phone calls are funding source has recently been taxable. Specific notice of this will be discovered, i.e., local sales tax sent out soon. Sales tax is due only on should be collected on "guest" phone phone repair bills wherein the labor calls. Kent asked if it was proper charge is not separated from the parts to collect sales tax on phone repair charge. If separated, sales tax .is work done outside the home, i.e. a collected only on the charge for parts. $50.00 charge for a service rendered. Needs to be discussed further after budget is complete. WORK SESSION FOLLOW-UP October 18, 1991 Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 09/10 BOOTH CREEK PEDESTRIAN RON: Check out whether this Memo listing various options has been UNDERPASS is a part of the Master Trail's Plan, forwarded to Ken. To be analyzed for how much use it actually receives, and repair next year. cost of repair/replacement. 09/17 GOLDEN PEAK PARKING KEN: Vehicles have been pulling OK from VA and the search is on for AREA onto the grassy area to the west of the suitably-sized rocks. (request: Steinberg) parking lot. Research posting signs/ placing boulders, etc., to discourage this. 09/17 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Public Works will analyze. (request: Levine) Association would like to see a couple changes, which might include some of the lighting by Montaneros, which is too bright, and placing it in front of Gallery Row in the Treetops Building. 09/24 OIL LEASES ON FOREST KRISTAN: PEC and public review will PEC will review on 10-28-91. To Council SERVICE PROPERTY proceed with letter to Bill Wood 10-29-91. outlining Council recommendations. 10/15 CORDILLERA TOUR COUNCIL: Meet at Municipal Building at 10:30 a.m. on Tuesday, October 22, 1991 to begin tour at 11:00 a.m. at Cordillera. Tour includes lunch. . - ,~fC'D OCT ~1 51~~1. ALASk~ FLYFISHING ~XPF~ITI4NS i., ~a ~'r `fit,. "Salmon, Trout, Steelhead Wilderness Outfitter" rms..-~ . •o s a October 9, 1991 Mr. Merv Lapin Vail Town Government 75 S. Frontage Road Vail, Colorado 81657 Dear Merv: First I want to thank you for not only giving me your ear but for trying to help. Secondly I wish you luck in your bid to return to government. I have enclosed a letter that I wrote recently in regards to not only my thoughts but a collection of thoughts by many of the residents that I have talked to lately. I am requesting that it be read at the next council meeting to, if nothing else, offer some things to think about. It is my opinion that government is getting too big and troublesome when trying to get things done. The best phrase 1 can come up with is that government has become a political mindfield and trying to get through it is a monumental chore. Government works for me not against me but there are few employed by the town that see it that way or realize that I am their employer. On another note I feel very strongly that government could enhance and encourage the young of this community in regards to education or incentives to learn and grow. I also fee! strongly about hiring from within both employees including directors and chiefs as well as a need and an obligation to employ the art community when there are services that they can provide. P.O. BOX 952, 5042 SNOWSHOE LANE, VAIL, COLORADO 81658, U.S.A. 303-476-4915 -2- I trust you will see that it becomes part of the minutes and I hope that you and your collegues will do what you can to, at least, give some of the thoughts some consideration. Cor Ily, om LeRoy tl enclosure cc: Ron Phillips REC'~ OCT 1 51991 Xc : 7wir1 Cuan c~ ~ ~vn d'~i~~i/~ S IS IT POSSIBLE? Last weekend I had the opportunity to share a bit of time with an old friend while watching our children play in the local soccer program. A nice day and a nice place to talk about our community. Being brought together because of our children and their activities made it even more important and rewarding. My friend is a councilman of which I have the utmost respect for the time he gives his community but dismayed at the direction he and his collegues have been going in. Is it possible that he or they are aware that they are on the wrong track or that they are addressing issues that their community is just plain not interested in? Is it possible that our council or our government don't know what the residents of this community really want? It is possible and probable that our community never came forward and told our council or our government. It seems to me in all of the 2~ years I've lived here the only time our community ever gets up to speak is to tell government they do not want something that has been proposed by government but never really telling government what they would like to see. It seems to me that whatever does come along to the residents is in the way of a multple choice. ~r~'e seem to choose from the priorities from which government proposes to us. I really wonder if our leaders have a clue what the residents really would like to see in our community. I have a lot of questions. The communities families have different needs and different wants. Does government know? IS IT POSSIBLE' There is no question in my mind that our government knows what the special interests groups want. Many of us that reside in the community do not have the time to keep addressing government with our concerns. We just accept what is done for us. The special interests groups are always voicing their concerns as for the most part everything they bring forward directly benefits them and for the most part few others. Their needs and wants are far different than those of the residents. These groups have a great deal to say and for the most part are the most active participants of the government process. They have everything to gain why not. Is it possible that government finds the needs of the residents trivial compared to these powerful groups? Is it at all possible that they humiliate -2- the residential community when they come forward with thought, recommendations, criticism or just general observation? What monumental thing has government done for this community over the last ten years besides building monuments? There must be a lot being done. Government has grown and we've been told or it has been recommended that we continue to grow in size. HAS THE GOVERNb1EiJT THAT WORKS FOR THE RESIDENTS OF THIS CGN1ti1UNITY BEEN TGLD BY THE RESIDENTS OF THIS CGN1~v1UNITY THAT WE WANT GOVERNN1EiJT TO GET 6iuuER? THAT I'VE WANT MORE GOVERN~r1ENT Eiv1FLOYEES? THAT WE WAN T A BIGGER FGLICE FORCE? THAT 'vvE WANT N1GRE GGVERNiv1ENT 6UILGINGS? THAT WE YVAiJT ~v1ORE CHIE=SAND NO i~iORE INDIANS? THAT WE WANT TO CONTINUE STUDYING THINGS T 0 DEATH? THAT'yvE bVANT TG HIRE EXPERTS FRGivi GUTSiUE OF OUR COMPviUNITY? THAT WE WANT TO HIRE EXPERTS FROM OUTSIDE OUR STATE? THAT ~~ti'E WANT N1GRE TAXES? THAT ~'JE WANT TO FAY FOR GUR PARKING? WHEN DID THE RESIDENTS PASS THE LA~~! TELLING GOVERNMENT THAT THEY NO LONGER WOnKED FOR THE PEOPLE GF THIS CGivib1UNiTY? it seems to me that I was schooled and led to believe that government worked for me. We the people pay their salaries and government is responsible to us. There are wonderful people in our government but there are some that stand far above the others. If I were to name one employee of our community by which a standard should be set it would be Eetsy. Can you remember many times, when you've heard from our government; "let me try to help you"; "lets see if I can get this taken care of for you"; or "I am sorry you have had so much trouble let me take care of it for you"? Have you ever heard; "no you can't do that"; "she's in a meeting"; I have to present this to the staff"; "the staff doesn't meet till next week"; "I do not have time for this"; "I am very busy"; I'd like to help you but it is out of my hands": I am nct sure who can help you"; "I don't know ~ what to tell you"? Is it possible that the residents do not want a larger police force, care how fast traffic travels through Vail on I-70, prefer the State Police take care of the highways, don't like to have everyone watching our clean bright police cars and their beautiful lights flashing on I-70 or in our town for everyone to see how friendly our police force is, do not want our police force to be so visible to the public, don't like the courtesy checks, would y A J' rather see our police force pick up a hitch hiker and help him on his way rather than intimidate him while he's trying to continue his journey, might want our police force to take home one of our guests or residents that once in awhile has a few too many drinks instead of having him rest in our public facility or the residents might like to have a neighbor or friend tell us that we might have a light out on our car without having our friendly police force put those wonderful flashing lights on and letting us know that we have a light out knowing that the big crime problems facing our community are all under control? On occassion, we might have to leave our car in a not so perfect spot to gather our young children from their so perfectly organized lives. Could it be possible that our police force could be more understanding, that we might like more crime prevention than law enforcement, that the residents that pay the salaries be treated as though they actually do pay the salaries, that the residents might want government to let the police force know who pays the salaries? Is it possible? Could it be possible that we want a more efficient planning and zoning commission, want more mature people working in our planning department, that we might want people that can make decisions, accomodate or can see what they can do to make things happen faster? Is it possible that they can be helpful and help those that pay their salaries see that things are done as fast as possible? Could it be possible that we might want things loosened up, less restrictive, more expedient, more responsible, less humiliating, less insulting, more efficient, TRY TO HELP YOU GET SOMETHING DONE RATHER THAN TRYING TO DISCOURAGE OR TRYING TO STOP YOU FROM GETTING ANYTHING GONE and cordial? Could it be possible that we might want all that get hired to come right out of our own community, that if we do not find a qualified person that we might consider educating ar assisting his or her experience or education requirements, that we might like to see our own children nurtured for our government positions first before we gc e;sewhere? Is it possible? ~vlight we like to see our donations go to more worthy causes, that we'd like to see government take a more active role in our chiidr-ens education and perhaps allocate money toward the enrichment of our childrens F '4- education and help support our education system? How about an incentive program offering from the Town of Vail to the children of our community a free season pass providing the student, on his own accord, can maintain or achieve a certain grade level? Is it possible that the business community would help support better education or incentives in this way. that Vail Associates would also assist in a program like this, N1inturn, Avon and Eagle might follow in the leadership footsteps of Vail also joining in such a program, that the parents of our children encourage and help our children achieve the necessary grade level for the incentive program or that Vail Government might get exceptional publicity and good will from a program like this? Is it possible that Vaii might get national attention, that the ' rest of America might follow in our footsteps and each and every aovernment provide some sort of incentive program to help encourage our children to learn and grow or that IF GUR GGVERiJiviEivT INVES I ED IiV GUR CHILDREN iviIGHT 'vVE DE iNVESTiNG iN GUR FUTURE? Is it possible? . Is it possible that government could solicit a report card frenl the people that employs them, that government could learn from Vaii ~=.saociates in a mandatory orientation program for ail employees of town government focusi,,~ cr; who they. work for, how to act, how to be cordial, hovv to be helpful, how to be expedient, how to make decisions or how to help its employers to walk through the political mindfaeid? Is it possible? Is it possible to see that East and West Vail be more of a part in the overall Vail plan, might the people want to see the beautification dollars spent equally in all sections of Vail, like to see East Vail and West Vail as beautiful as the core or ask that all the landscaping dollars be spent equally? Is it possible that the people might like to see the flowers and plants that are planted be perennial and not annual so there wouldn't be continued effort, costs and man hours spent on core area beautification? Is it possible that the people might like to see East Vail and West Vail as beautiful as the core area is, that the sides of our roads and streets could be beautified like it is in the core? Is it possible? Is it possible that the residents want to see the entire government use the fire department as an example as it has hardly grown in eight years, that .Y - we might not want a community relations department or that we might just like to know exactly what they do? Is it possible That we do not want the constant increase of the data processing department and continued growth in nearly all departments? Is it possible that the residents might not think that it is their responsibility to pay for a convention center, that some of the residents might like to drive their golf cart through town as well, like to see a small swimming pool for their use as well as their children, might like a lighted baseball and soccer field so games could be played well into the night and using less space but with a mere modern and v'frcient facility and even one tnai our guests as well as the residents might like to go as a spe::tator or might like to show their thank you for all of the support the employees have given our community as 6reckenridge and others have? Is it possible? Is it possible that the people might not want to spend more money on open or green space considering they have thousands of acres of green space surrounding their town and would like to see green space money spent on making or improving the green space recreation areas we now have? Is it possible? Is it possible that government could help or initiate soliciting private funds for an arts center, could encourage, employ, assist and use it's influence to secure a place and a future for our artists and the talent in our community? Is it possible that we have our own artists perform duties or enhance projects for the town without going outside for talent that perhaps might never spend a dime in our community? Is it possible? Is it possible that we could put the issue of employee housing to rest, stop studying it to death? Could it be possible that many residents would welcome the opportunity to build a small apartment on their home for the use of long term rental, might want government to pay the necessary tap fees, change zoning taws immediately instead of waiting years to aceomodate these necessary needs? Is it possible that no one would loose but everyone could gain? Is it not a better solution than gc~~:eY~:^~ent trying to build or fund an employee housing project? Is ii possible that -6- people bought land because of the zoning around them and don't look for ward to having the town rezone major tracts for large housing complexes when it all might be taken care of by allowing the residents to help provide with governments help and expediated procedures? iS IT AT ALL FGSSiBLE THAT GUR EiviFLGYEES CGULD LIVE AS RESFEC TABLE AS THE I,'1ES I GF THE CGiviiviUNITY DOES? Is 'tt at ail possible that we could gel on with it? i s it possibi e? Is it possible ti~at the property owners who guaranteed the payment of the the bonds for our parking monument to be able to at least park free and at will, might like a free parking pass to park in a monument that they helped build, See no parking fees at the outlying areas, that the residents feel tiler the parking problem is the responsibility of others, find it acceptable to park along the sides of the streets when there is not enough parking in ' ~ '~diiat is so vvron with accoi~nodatin our iac:iiities or ,per King areas. g g everyone? Is it possible to be more lerlient? Is it possible? Is it possible because we support and help fund our recreation facilities ti~at we can play golf and tennis just like our guests do and at the same tiri~e at a fair and reasonable fee, be part and not be segregated, that some residents might like to see or have other recreation facilities like an indoor si~ooting range, more water in Gore Creek for better fishing, dredging and stocking on a catch and release basis only native fish in our pones? Is ii possible? IS it possible tiler yovernrent is putting too much effort in the needs of special interest, that the people feel we have done enougi~ for our guests and not enough for the residents, that the residents are tired of their community being labeled a tourist town, want their town to be equally as much a residential and family community as a tourist attraction, that the families that live here might want to see their community be more of a whole community and have government address the needs and wants of its residents first and our guests second for a change? Is it possible that it might be tried for, if nothing else, fora short time, that it might make a better community, that government might realize that the residents of this community as well as the special interest groups pay the bills here? Is it possible that government might take a break from being government r :r and creating this political mindfield and focus on Vail as a community, allow and assist development and dreams to grow, stop government from growing, become more efficient and be more responsible to those that pay their salaries? IS IT FOSSI6LE ? . Tom Leroy R~c4 ac~c a .5 ~a99~ >C C : R o ~ /~~1. f~ s ~J ~ . 11 ~ 7 11 1 i ral~ , ~0. ",~1~.K7 lea- .c'.:n ~cu:.._~ ._e~l~ers. .ie ';I^_t~:'__ ~iiC vt°_ t0 vo yrC;_'. ^C ~ tC, ^~'-,.r~}~;~~ 1, S v, ~._c _ ."C<_ _,v,~ 1S t.1 E; .,_:i;; ? CC3S`~ ~0 ...nt!?:^"'10L~. ~ i::. ^1_^~ d~~ v"-t~ii~v_~.. _s.v iJ :,v1d x:11, ..._iv.i ~'~7."~`~L_(.~ ' _ ~ the are,= . ~eCOii!' ~ t1g sta ~..C"!1 i"lGt:tl`: be iOC^ ~8~"1 :le('_r ~:ie iG';;' ':~a_''~. -s are.. ~ ~ _ . o,.z~ -c:i,lre : ce~~ld ~raaiZde~ a,"aV_ c~! the__ ~ .~la ei1Ci li_? 1.? ~ ti e _~11.C~!~~ e G= (i?Pz`F?= (a:5 ~'1 :.:o.t1C:"1 1 t::n .lr d _ _ ~~"~1 ~ ;la,? Cade... CLl t, ~0 a,_ fl r; ~ . . _'!lird, `,'@ tY:?:'1~, tale de~art!nent COUi, ~ CCBt? the sta t_0.1 i i"i a ~e tte~ area, suc'1 as rest 'Iaii near the ,are~r~~ay. ":re de nCt reel ~Utt1nF t.le station .n ?^eSlCienU?1 area iS beneficial to the rei~hborilocd. i '~ie are r ap;r ~„i uh ~CUr c~~~rrent service by the `J^ i 1 ~ire ~~e~:art~:ier_t, b:zt ~n=e de not reel nlaciz.; a statio:~ in our area rlould be a ~OOd iuea• ~1:1C°_el~~, Ta~,_sie and ion i;i~;lr1s ;,~C'" OCT 1 71991 THE ZNEIMER COMPANY, INC. Poet offl« Box 305 MWTURN, COLORADO 81645 Tel. (303) 827-4101 Fax (303)827-5644 Edward Zneimer, Ph.D. lO 1 t a' Presidrnt l ` -1 IU,J V ~ ~ a~ ~ v ~ ~ , ~ ~t ~a~ ~ ~ ~ ~ ~ , w c1 `Z/~ ` "r`." ff r r~Q ~t~-~ ~ ~ ~ . V - ~ ` ~ ~ d.~'`'~~~. ' . ~ A Meetin s are off t0 a nois start g y By SCOTT N. lvm[.LER Taxes a con-r'~7ention center and to instruct the stafl'to ease up. The Red Lion was an appro- ~ ~ Althou€;h complaints were priate place for the first Town the future of Vail all came up at aired through much of the of Vail "Speak Up!" community ~ ~ ~ meeting, the meeting was far meeting: It had the makings of the Speak Out series kickoff. from exclusively gripe-ori- alion's den. ented. Town staffers and four ity of a smaller ice skating facil- ours. We're like this," she said, council members wanted to ity near Golden Peak House. her fingers intertwined. "You WHILE GORSUCH admit- hear from the community in an That facility, which would cost ought tin be taking our pulse." ted that town stall is adversar- informal setting, and they got about $1 million, would ease The town,, sne and others ial, she gave the town high what they wanted from a small some of the relentless ice time opined, hay lost touch with its marks for enforcing its rules. but vocal crowd Wednesday pressure on Dobson, which people, and is often an adver- The town will say no to a de- morning. could then be used for more sary rather than an ally. A veloper and take the heat, she Although council and staff conventions. common opinion was that said. members heard a good deal of Renie Gorsuch, of Gorsuch town staff are often abiupt and "I'd like to see some ideas in- criticism, all said the experi- Ltd, said the new Keystone sometimes rude when dealing stead of just complaining," ence was positive, a good first convention center is an exam- with residents, especially those Rusty Wood said. "Let's get step to clearing lines of com- pie of what not to do. dealing with the community some solutions." ' munication many feel are development department. Many agreed that town gov- blocked. ~1't~; KEYSTONE center is "Let's get back to treating ernment and residents alike "We wanted to start a forum beautiful, and is drawing a lot people like customers," said need to be more forward- where we from the town can of business, she said, but the contractor Rusty Wood. thinking. Some said the town hear from you directly," town taxes levied on businesses to Although acknowledging that council needed at least one vi- manager Ron Phillips said in pay for it are "deal-killers," community development sionary. his opening remarks. The town espeaally with the Silverthorne staffers are overworked, and "We all need to be visionar- got what it wanted. factory outlet stores just down that the department is a profes- ies," Gorsuch said. Although fewer than 20 resi- the road. sional, knowledgeable unit, As the meeting slowly broke dents were at the meeting, it Wood added: "You need to try up, council members who at- was atalkative group, with a to be more courteous; you don't tended the meeting -and who variety of comments and com- have to agree, but let's be po- generally listened while resi- plaints, with a smattering of We all need to • life." dents spoke - al] thought it was praise thrown in. Phillips agreed. He said he a good start. The need for long-term be visionaries. and community development "Peoples seem to be interested planning -whether for acon- -Renie Gorsuch director Kristan Pritz were in in communicating with us," vention center or ways to keep the process of hiring aconsul- said council member Peggy long-time residents in town - tant to work wiih staffers on Osterfos:a. "And we need to do was.a recurring topic. Gorsuch added that the in- customer relations. "We're everything we canto get out Pepi Langegger, owner of creasing cost of doing business working on ways to say no more. Many problems people the Tyrolean Inn, said acon- was putting independent re- more politely," he said. perceive could be solved with vention center was essential to tai]ers in danger, and not just in "We don't want to be adver- better communication, if they keep businesses going the eight Keystone. sarial, but these are the rules, just knew what we were do- months that skiers aren't in "We can't take any more and we have to enforce them," ing." Vail. He asked Phillips what the town taxes or property taxes," Phillips added. Council member Merv Lapin status of the proposed center she sand, adding that Vail was Council member Tom Stein- agreed, saying the meeting be- was, in real danger of losing some of berg said council is to blame for gan a "g;ood, constructive dia- Phillips said a steering its founding merchants. many of the perceived prob- logue with people who care committee had nearly finished She pointed to Aspen, where lems in community develop- very much about Vail:' preliminary planning on a corporate ownership has be- ment. Before he was elected in The positive attitude carried convention-performing arts come more common, as an- 1987, many people were abus- down to town staff members, center between the Lionshead other example Vail should ing the rules. Staff was in- all of whom felt that the meet- Parking Structure and Dobson learn from, but not follow. structed by the council to "bear ing was a good start. With four Ice Arena, and would soon be "Aspen's lost its small-town down" in response to past more meetings scheduled, they holding community meetings heart," Gorsuch said. "The abuses, Steinberg said, adding may need to remember this to gauge support. people that make a difference that perhaps the time had come good start. He added, though, that the are gone." performing arts part of a cen- Vail, she said, was in dange. ter would have to be funded by of that happening, of losing the Want t0 'Speak Ot1t'~ Here's private means, and that new core of people who worked to 'money to build a convention build the hospital, the original when and where to go do It center has yet to be found. parking structure, and other Although he agreed with the projects. Wednesday's "Speak Out!" • Oct. 23: Bart 'n' Yeti's, need for more convention Guests expect to see Pepi meeting was only the start; Lionshead, at 8 a.m. business, George Knox, owner Gramshammer and the other the town has scheduled four •Oct. 30: Streamside at of the Mug Shop, had an alter- people who made Vail, she more Wednesday sessions Vail, West Vail South, at 5:15 native to building a multimil- said, not the representatives of throughout Vail: P•m• lion-dollar center right away. a corporation. •Oct. 16: Day's Inn, West •Nov. 6: Vail Mountain He said that some thought "That's why the town has to Vail North, at 7 p.m. School, East Vail, at? p.m. had been spent on the possibil- respond; your destiny's tied to :~EC~tQCi' ~1 19~5~1 THE CAMP ROBBERS , P.0. BOY 670 VALL, CO. 81658 October 15, 1991 Mr. Dick Duran Vail Fire Department 42 W. Keadow Drive Vail, CO. 81657 Dear Dick: May I *_a'.{e this opportunity to thank you and your entire Department for the excellent help we received from you last Tuesday, Ocotber 8th, at the site of our terrible misfortune the devestating fire of the Camp Robbers' cabin on Vail Mountain. The speedy response and efficient method which you displayed was unbelievably effective in keeping the destruction to a minimum. How much worse it could have been without your invaluable assistance is frightening! Again, please accept our heartfelt thanks and appreciation for your efforts on our behalf, Sincerely yours, THE CAMP ROBBERS 1 ?Gordon G. Brittan GGB:fm Copy _to:_;;,Ron,. Phillips . ~ .:..Town Manager_;~`~:' Town of Vail - ~ RECD 0 CT 1 8 i9~91 LAW OFFICES COSGRIFF, DUNN &ABPLANALP A PARTNERS NIP INCLUDING A PROFESSIONAL CORPORATION PETER COSG RIFF VAIL NATIONAL BANK BUILDING IN LEADVILLEI JOHN W. DUNN SUITE 300 COSGRIFF, DUNN 6 BERRY ARTHUR A. ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST P. o. 00X It TIMOTHY H. BERRY LF.ADVILLE,COLORADO 80461 ALLEN C. CHRISTENSEN VAIL, COLORADO 81657 nlyl aae-lees LAWRENCE P. HARTLAUB TELEPHONE (3031 476-7552 TELECOPIER~ (3 031 476-47 6 5 October 15, 1991 Ken Hughey Chief of Police Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Dear Ken: I would like to thank the Vail Police Department for the time and attention that was devoted to assisting the Town of Minturn in association with the Lee Wilson matter. In particular, I would like to commend Corey Schmidt, Jeff Layman and Matt Lindvall for their cooperation and assistance throughout the process. Although the case appears to have been settled it is gratifying to both the Town and me that the Vail Police Department was willing to lend its assistance in the process. Very truly yours, COSGRIFF, DUNN & ABPLANALP ,4 ~~2~2~~, C/ Alien C. Christensen ACC:A cc: Town of Minturn THE PROFESSIONAL CORPORATION IS DUNN 4 ABPLANALP, P.C.IN VAIL. , RECD! OCT 2 1 1991 . - - , a ~ - - - - - - - ~ . ~ o ~ ~u ,i1-~, ~ ~ ~Dalf•t~ - ~ Cam.. 9~.,t~ . . . - ~ - ~ ~ - ~ i°~ ~~s r nr,~r . 1 ti ~ f ?1 ~F~'" OCT 2 g 1991 Daniel L. Ritchie, COLORADO REAPPORTIONMENT COMMISSION Chuck Berry Chairman Edward Garner oe cow James P. Johnson Matt Jones Gene R. Nichol, ~e% Vice-Chairman . ~ . Deedee Gale Mayer ` James E. Monaghan Robert Pastore 789 Sherman, Suite 640 Peggy Ventura Becky Lennahan, Denver, Colorado 80203 Staff Director 303-894-2325 Jeffrey M. Wells FAX: 303-894-2330 MEMORANDUM To: Interested persons From: Colorado Reapportionment Commission Re: Public hearing schedule The following is the schedule for the public hearings to consider ' the preliminary plan for state house and senate districts adopted by the Commission. All public hearings are scheduled from 6:00 p.m. to 8:00 p.m. The hearings will be conducted by panels of Commissioners. All hearings will be taped, and written summaries of testimony will be distributed to commissioners who do not attend. Each hearing will begin with a short presentation concerning the plan and the criteria that were applied in formulating the plan. Those criteria, as required by state and federal law and in order of importance, were: 1. Equal population and compliance with the federal Voting Rights Act; 2. Preservation of county boundaries, compactness, and preservation of municipal boundaries; 3. Preservation of communities of interest. A fourth criterion applied by the Commission was political competitiveness. There will be a sign-up sheet at each hearing for persons who wish to testify. You do not need to contact the Commission before the hearing in order to be given the opportunity to testify. NOVEMBER TUESDAY 12: DURANGO - LA PLATA COUNTY COURTHOUSE DISTRICT COURT DIVISION 1 COURTROOM WEDNESDAY 13: GRAND JUNCTION - CITY/COUNTY AUDITORIUM LAMAR - PROWERS COUNTY COURTHOUSE COUNTY COMMISSIONER HEARING ROOM THURSDAY 14: GUNNISON - GUNNISON COUNTY BUILDING COUNTY COMMISSIONER HEARING ROOM MONDAY 18: STERLING - CITY OF STERLING MUNICIPAL COURT COUNCIL CHAMBERS ALAMOSA - ALAMOSA HIGH SCHOOL AUDITORIUM TUESDAY 19: STEAMBOAT SPRINGS - ROUTT COUNTY COURTHOUSE COMMISSIONER HEARING ROOM BRECKENRIDGE - SUMMIT COUNTY GOVERNMENT BUILDING BOCC COMMISSIONER HEARING ROOM WEDNESDAY 20: PUEBLO - PUEBLO COUNTY COURTHOUSE COUNTY COMMISSION CHAMBERS BRIGHTON - CITY HALL BUILDING CITY COUNCIL CHAMBERS THURSDAY 21: TRINIDAD - LAS ANIMAS COUNTY COURTHOUSE DISTRICT COURT CHAMBERS FT. COLLINS - LARIMER COUNTY COURTHOUSE COUNTY COMMISSIONER HEARING ROOM MONDAY 25: GREELEY - WELD COUNTY CENTENNIAL CENTER COUNTY COMMISSIONER HEARING ROOM TUESDAY 26: LIMON - COMMUNITY BUILDING DECEMBER MONDAY 2: COLORADO SPRINGS CENTENNIAL HALL GOLDEN - GOLDEN SENIOR HIGH SCHOOL AUDITORIUM TUESDAY 3: DENVER - CITY & COUNTY BUILDING CITY COUNCIL CHAMBERS WEDNESDAY 4: BOULDER - BOULDER COUNTY COURTHOUSE COUNTY COMMISSIONER HEARING ROOM CASTLE ROCK - EXECUTIVE BUILDING COUNTY COMMISSIONER HEARING ROOM THURSDAY 5: LITTLETON - ARAPAHOE COUNTY ADMINISTRATION BLDG. EAST HEARING ROOM ~'y lawn a jai Personal Menw from • Pam Brandmeyer ~ V~` ` ~ ~ ~ ~ ~d ~G' _ ~ J ~~Y' ~3' a~ `,~h l p ro Q~ , . ' ~~30~u~• REC°D OCT 1 0 181 INC. SPORTS MARKETING & MANAGEMENT October 9, 1991 Vail Town Council c/o Town of Vail 75 S. Frontage Rd. jl. Vail, CO 81G57 Dear Tawn Council, ~ It is my understanding that the budget request from U. S. Events, . Inc. for the 1992 Celestial Seasonings Bicycle Classie has ~beer~ transfeared to a separate account which will be allocated by a special ~ events committee yet to be determined. Eecause races such. as this must he set up and scheduled far in advance due to sponsorships and availability of dates on specialty schedules I am writing to inquire what the next step is that U. S. Events, Inc. should take in an attempt to reach an expeditious decision with regards to the possible dollar allocation for the Bicycle Classic. Sincerely, Ted Martin President CORPORATE OFF(Cc: P.O. BOX 26 VAIL, COLORADO 81658