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.
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- 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
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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
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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
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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
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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,
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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
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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,
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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
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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
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~
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•
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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
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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
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~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 ~
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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