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HomeMy WebLinkAbout1991-11-19 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, NOVEMBER 19, 1991 2:00 PM IN THE COMMUNITY ROOM AT TOV LIBRARY AGENDA 1. Executive Session: Personnel Matters. 2. Discussion of Proposed Subway Lease for Lionshead Parking Structure. 3. Review of Transportation Services Agreement with Avon. 4. Information Update. 5. Other. 6. Adjournment. C:WGENDA. WS VAIL TOWN COUNCIL WORK SESSION TUESDAY, NOVEMBER 19, 1991 2:00 PM IN THE COMMUNITY ROOM AT TOV LIBRARY EXPANDED AGENDA 2:00 p.m. 1. Executive Session: Personnel Matters. 3:00 p.m. 2. Discussion of proposed Subway Lease for Lionshead Parking Mike Rose Structure. Action Reauested of Council: Approve/modify lease. Backaround Rationale: A franchise should perform better in this location than the previous occupants. (See enclosed memo.) Staff Recommendation: Staff recommends approval of the lease. 3:10 p.m. 3. Review of Transportation Services Agreement with Avon. Jim Marshall Action Reauested of Council: Approve/deny/modify the revised version of the contract. Backaround Rationale: On October 4, 1991, Council reviewed a draft contract. Several changes have been made to that original draft. (See enclosed.) 3:30 p.m. 4. Information Update. 5. Other. 6. Adjournment. AGENDA.WSE 1 . Fi~~ MEMORANDUM T0: Ron Phillip FROM: Mike Rose RE: History of Lionshead Snack Bar DATE: November 12, 1991 The Lionshead Snack Bar was built in 1981-1982, since then three private people and a franchise have tried their hand at the space. All four have failed for various reasons. In the early years, lack of foot traffic and product recognition were the reasons for the failure. With the increased use of the Lionshead Farking Structure in recent years, the foot traffic through the Auxiliary Building is up but product recognition is still an issue. Here is a brief history of the tenants, the product, approximate length of stay and reasons for leaving. All of the tenants have had difficult cash flow problems resulting in delinquent rental payments to the Town. The time between the leases the space sat empty due to lack of interest. Business # 1- Rat & Willies-Hot Potato Company/Chicken Little Owner: Tom Ricci Lease Date: April 1982 to April 1984 Started out as a branch of Rat & Willies (currently Lionshead Bar & Grill), this idea didn't work due to foot traffic and product recognition. In 1983, Tom Ricci purchased the Chicken. Little Franchise which remained open until April 1984. Tom Ricci decided not to renew the lease due to poor location performance. Tom is still in the restaurant business operating the Minturn County Club with locations in Telluride, Evergreen and Silverthorne. Business # 2-Senoritas Owner: Vista Grande Corporation Lease Date: October 1984 to October 1985 Served Mexican food and had a good local following, but didn't renew the lease due to cash flow problems and the low volume of business. Business # 3-Ricks Street Side Cafe Owner: Rick Richards/Nail Valley Frozen Yogurt Lease Date: 1985 to 1989 Carried full line of meals from hamburgers to full main course meals. Rick Richards felt that the traffic flow was too low and the cost to operate in the area was too high_ We lowered the rent in 1987, but still the cash flow problems remained_ F'.ick sold the business to Dan Brandschain in 1989. Rick often suggested a franchise would work well in the location if the franchise had good produr•t recognition in a lower cost food market. Business # 4-Dan the Sandwich Man Owner: Dan Brandschain Lease Date: 1989 to November 1991 Dan has had cash flow problems from day one_ The Town of Vail has received all rent owed. Dan has expressed the foot traffic problem and product recognition as the reasons for his demise. I think his prices were too high for the location to attract the front range skiers and locals that use the Lionshead Structure. In the last 3 to 4 months Dan has tried to negotiate a sale of the business but, has not come up with a satisfactory purchaser. In overview, the snack bar at Lionshead has been occupied since 1982 with a pretty good selection of food items and entrepreneur"s with different skill levels and financial backing. The business' have failed for basically the same reasons. 1-Unable to weather the ups and downs of the location 2-Froduct recognition Hopefully with Subway the product recognition will be solved, and with the depth of the Subway organi2ation in the area and the nation this will be a successful and lucrative location for both Subway and the Town of Vail. If the Subway contract is not accepted we will remove the equipment and contract out a full vending operation on a % of gross with minimum rent. I have enclosed the proposed lease and floor plan for your review. If you have any questions please feel free to contact me. Mike Rose MR/cp - ~ ~ - - Y AVON SUBS, INC. JIM COMERFORD P.o. BOx 2729 Au st 14 1991 PRESIDENT 47 E. BEAVER CREEK BLVD. ~ ~ AVON, CO 81620 (303) 949-1312 P9r. Mike Rose Town of Vail Vail, Co. ` Dear Mike: . Attached is a proposal to the Tom of Vail for opening a Subway Franchise in the Lionshead Parking Structure. Also, I have done a sales projection for analyzing the p~.xcentage rent, as well as a summery of electric for the past 18 months at my S~est .Vail Subway. Phase k~2p in mind that this proposal is balanced by two factors. Number One is ' tale capital expense to open a Subway Franchise , which I estimate to be approximately ~l0G,G00 in this location. Thus, the lencJth and terms of the lease become critical. Second, we pay 10.5 to Subway for tine rights to. operate a Franchise. As we 'Hove discussed., the Subway Real Fatate Department has concerns about the location based. ors th ~:oor history anc? failures of pr~vi,ous Qperators. nevertheless, Y am ~,~~Nared L-o ,wove forw;.,~:d in an at'~cnpt to open for the 1991-92 Ski Season. Thank you for your ti::1e . Sincerely, A SUBS . ~r~RD nv~ON wss, iNC. JIM cOMERFORD P.O. BOX 2729 PRESIDENT 47 E. BEAVER CREEK BLVD. ~ P R O P O S A L AVON, CO 81620 (303) 949-1312 1 , ' T0: TOWN OF VAIL FROM: AVON SUBS, INC. RE: Leasing the Restaurant space in the Lionshead Parking Structure BASE RENT: 5~ of Gross against a base minimum of $800 per month, whichever is greater LENGTH OF LEASE: 10 years UrrlON PERIODS: 1-5 year option at 6$ of gross against $1000 base minimum 1 additional 5 year option at 7~ of gross against $1200 base minimum ADDITIONAL EXPENSES: Tenant pays prat," donate share of electric, water and gas. There are no CAMS or taxes assessed on this property. TENANC`I: Subway Restaurants, Inc. (SRI), a Delaware Corp., will sign a Master Lease with the Town of Vail. SRI will then enter into a Sub-Lease with James F. Comerford, Jr. for the exact Terms and Conditions. vrr~xATION: The business will be operated as a Subway Franchise. HOURS OF ur.r.~cATION: Franchise requirements are for 7 days per week and a minimum of 110 hours. Typical schedule is 10 am - midnight Sunday through Thursday and 10 am - 2 am Friday and Saturday. SEASONAL IN•rr~tutUPTION: If Subway Headquarters categorizes this location as seasonal, then the Landlord will agree to allow the tenant to close for the months of May and October. Nevertheless, tenant remains responsible for payment of the Base Rent,. INSURANCE: Tenant will carry $1,000,000 Liability Insurance and the same policy as provided by Nationwide Insurance for Subway Franchises. MAINTAINING THE PROPORTY: Tenant will operate and maintain the restaurant and seating area. The restrooms will be the responsibility of the Landlord. SIGNAGE: Subway will submit a sign program to the Town of Vail. All final a~,N~ovals by the Landlord and the Tenant are subject to final sign program approval. .T a TaGVN ~ bF••VAIL PAGE TWO August 14, 1991 PARKING: The Town of Vail will provide two seasonal parking spaces P~rh ski season. a BUILD OUT, ALLOWANCE: Tenant will receive a 60 day build out ~iod in which to complete construction of the space. During this 60 day period, no rent will be due. START DATE:. Subway will open for business on or about November 15, 1991. NON-CJOlhr~l•~;: The Town of Vail will not allow another food operation to within the parking structure. Sales vs Rent Analysis GROSS. SALES $ 150,000 $ 200,000 $ 250,000 $ 300,000 5~ 7,500 10,000 12,500 15,000 BASE RENT 9,600 9,600 9,600 9,600 ~ ' ' . SUBWAY LEASE BETWEEN AS LANDLORD, AND SUBWAY REAL ESTATE CORP. AS TENANT LOCATION: DATED: • • STANDARD SUBWAY LEASE INDEX SECTION 1 Description of Premises 2 Term 3 Quiet Enjoyment 4 Rent 5 Use of Premises 6 Utilities 7 Repairs & Maintenance 8 Glass 9 Surrender of Premises 10 Damage or Destruction of Premises 11 Non Liability of Landlord for Damages 12 Fire Insurance ' 13 Liability insurance 14 Assignment, Sublease, or License 15 Improvements or Additions by Tenant 16 Restrictions Against Mechanic's Liens 17 Signs & Parking 18 Condemnation 19 Holding Over 20 Notices 21 Forfeiture 22 Tenant's Remedies on Default 23 Licenses 24 Taxes & Assessments 25 Landlord to Have Access 26 Renewal Options 27 Entire Agreement 28 Brokers 29 Competition 30 Recording 31 waiver 32 Law 33 Headings 34 Attorney Fees 35 Force Majeure 36 Offer Exhibit A Landlord's Work Exhibit 8 Lease Commencement Agreement SUBWAY LEASE Summary Page Landlord: Address for Rent: Tenant: SUBWAY Real Estate Corp. Notice Address: 325 Bic Drive Milford, CT 06460-3059 and the demised premises, Demised Premises: Address: City: State Zip (square feet) Term: Initial: Two (2) years Options: Nine (9) consecutive periods of two (2) years Anticipated Commencement Date: Build Out Time: Rent: $ per square foot $ per month SUBWAY STANDARD LEASE This agreement made and entered into this day of , 19 by and between hereinafter referred to as "Landlord," and.SUBWAY REAL ESTATE CORP. a corporation, organized under the laws of Delaware and having its"usual place of business at 325 Bic Drive, Milford, Connecticut 06460-3059, hereinafter referred to as "Tenant." In consideration of the mutual covenants herein contained, the parties agree as follows: SECTION ONE DESCRIPTION OF PREMISES Landlord leases to Tenant and Tenant leases from Landlord the premises located at which contains approximately square feet, hereinafter referred to as the "premises." Within ten (10) days of lease execution the Landlord shall provide the Tenant with an architect's certificate verifying the actual footage of the demised premises according to BOMA standards. The demised property shall be constructed in accordance with Exhibit A which is attached hereto and incorporated herein by reference. SECTION TWO TERM The term of this lease is two (2) years beginning ugon Tenant's acceptance of the premises by executing Exhibit B herein. It is anticipated that this lease shall commence on The parties herein agree that, subject to the execution of this lease, Tenant shall be entitled to the use .and possession of the premises for the purposes of renovation and remodeling. If the demised premises are not ready for occupancy by Tenant within three (3) months of the final execution of this lease agreement, Tenant shall have the option of terminating this lease by giving Landlord written notice. SECTION THREE QUIET ENJOYMENT Lessor covenants, warrants and represents that upon commencement of the lease term, Lessor has full right and power to execute and perform this lease, and to grant the estate demised herein; and that Tenant, upon the payment of the rent herein reserved and performance of the covenants and agreements hereof, shall peaceable and quietly have, hold and enjoy the Demised Premises and all rights, easements, covenants, and privileges belonging or in any way appertaining thereto, during the term of this Lease. SECTION FOUR RENT The base rent for said premises shall be $ per year., The base rent is calculated at per square foot per year. For the term of this lease, Tenant shall pay said base rent at the rate of $ per month in advance on the first day of each month. This lease and Tenant's obligation to pay minimum or additional rent hereunder shall commence ( ) days after (i) delivery of the premises by the Landlord to the Tenant; (ii) acceptance of premises by Tenant by executing Exhibit B; and (iii) satisfaction of Section Twenty Three hereunder. Tenant shall not be responsible for paying base rent, common area maintenance, taxes or insurance until Landlord and Tenant have agreed, in writing, that the Landlord has constructed the Premises in accordance with the Landlord's obligations hereunder. However, if at any time during the term of this lease, less than 75~ of the gross leasable space in the shopping center is fully occupied and open for business, the Tenant shall have the option upon five (5) days written notice to the Landlord to either: a) Cancel this lease, in which event the Landlard shall promptly return to the Tenant the security deposit and any other sums which the Tenant may have paid to the Landlord; or b) Open for business and pay an amount equal to 50~ of the current minimum rent monthly. The Tenant shall not be responsible for paying any other minimum rental, common area maintenance, taxes or insurance until at least 75~ of the gross leasable area in the shopping center is occupied and open for business. In the event Landlord executes a lease for space in this center to .another Tenant at a per square foot rate which is less than the per square foot rate stated in this lease and said lease is executed within one (1) year of the date hereof, Landlord agrees to enter into a Lease Modification Agreement with Tenant to reduce the rental rate of the demised premises to the lowest per square. foot rate in the center. SECTION FIVE USE OF PREMISES The Premises shall be used for the maintenance and operation of a restaurant or for any other lawful purpose. Menu items will be sold for on and off premises consumgtion. Landlord warrants that Tenant's use does not conflict with any exclusive clauses in this center. Tenant may remain open seven (7) days per week until 2:00 a.m. SECTION SIX UTILITIES Tenant shall arrange and pay for all utilities furnished to the premises during the term of this lease, including water, electricity, gas, and telephone service, excluding any and all tap or hook up fees. All exterior and parking lot lighting will remain on until 4 a.m. at the Landlord's sole cost and expense. _ SECTION SEVEN REPAIRS AND MAINTENANCE Landlord shall, at his expense, maintain the exte,ridr of the building, including the roof, walls, foundations, walks, driveways, parking areas, and the structural portion of the leased premises, in good condition and repair, except when damaged by Tenant. Landlord warrants that the premises including the heating and air conditioning systems, plumbing, hot water heater, and electrical'systems on the premises will be in compliance with all local building codes, in good working order, and that the roof will be free of leaks upon commencement of the term of this lease. Tenant shall, at its expense, maintain in good condition, the doors and interior of the premises, including electrical wiring and fixtures, plumbing, heating, and air conditioning equipment presently in place or added by the Tenant or Landlord. ' In the event Landlord shall fail, refuse or neglect to make repairs in accordance with the terms of this lease or if Tenant is required to make any repairs by reason of any act, omission or negligence of the Landlord or its employees or agents, Tenant shall have the right, at its option, to make such repairs on behalf of and for the account of the Landlord and deduct the cost and expense thereof from the next installment(s) of rent due. In the event that the municipality in which the premises are located passes an ordinance requiring the removal of hazardous or asbestos related material from the premises or the building in which it forms a part, it will be the Landlord's responsibility to remove the offensive material. In the event that the Landlord does not comply with the ordinance within thirty {30) days after written notice from the Tenant, the Tenant may have the material removed at the cost of the Landlord and deduct the cost from the next monthly rental, payment(s). SECTION EIGHT GLASS Tenant covenants and agrees to replace the plate glass broken on the leased premises during the term of this lease, except plate glass which is covered under fire insurance and/or extended coverage carried by the Landlord or if such damage is caused by the negligence of the Landlord, its agents, or employees. SECTION NINE SURRENDER OF PREMISES Tenant shall surrender the premises at the end of the lease term, or any extension thereof, in the same condition as when it took possession, allowing for the usual and reasonable wear and tear or casualty excepted. SECTION TEN DAMAGE OR DESTRUCTION OF PREMISES ~ 4 If the leased premises are damaged or partially destroyed by fire, casualty or other cause not resulting from Tenant's neglect or fault, during the term of this lease or extension, Landlord:r,shall promptly repair them within ninety (90) days after the damage~or~partial destruction. Rent will be reduced proportionately to the extent to which damage and repair operations interfere with the business conducted on the premises by Tenant. If the repairs cannot be completed within ninety (90) days of the occurrence, then either party shall have the option to terminate this lease as of•the date of damage or destruction by written notice to the other party. If the Center or part thereof shall be damaged or destroyed and such damage or destruction shall materially interfere with the enjoyment of the Premises by the Tenant, the Minimum Rent in respect of the Premises shall abate in proportion to such interference during the period of .such interference. SECTION ELEVEN NON-LIABILITY OF LANDLORD FOR DAMAGES Landlord shall not be responsible for liability or damage claims for injury to persons or property for any cause relating to the occupancy of the premises by Tenant. Tenant shall indemnify Landlord from all liability, loss or other damage claims for obligations resulting from any injuries or losses of this nature, including reasonable attorney's fees and court costs incurred by Landlord in defending any such claims, except when caused by the negligence of the Landlord, his agents, servants, or employees. Landlord shall indemnify Tenant for any loss occurring in the common areas, unless caused by the negligence of the Tenant or its agents, servants, or employees. SECTION TWELVE FIRE INSURANCE Tenant is responsible for its own insurance, to cover its own contents located in the premises, and all of the personal property and equipment included in the premises. Landlord shall not be liable for any damage to the property or person of any of the Tenant's officers, employees, agents, invitees or guests from perils customarily covered by fire and extended coverage insurance, liability insurance or acts of God. It is agreed that Landlord shall be responsible for fire and extended coverage for the premises by a responsible insurance company authorized to do extended coverage insurance in that state in which the premises is located. Tenant shall maintain fire insurance and extended coverage on the interior of the premises in the amount of $ SECTION THIRTEEN LIABILITY INSURANCE Tenant shall procure and maintain in full force, at its expense, during the term of this lease, and any extension thereof, public liability insurance which shall be adequate to protect against liability for damage claims through public use of or arising out .of any accident occurring in or around ,the leased premises, in~a minimum amount of $100,000.00 or each person injured, $300,000.00 for any one accident, and $50,000.00 for property damage insurance. Landlord shall be an additional named insured in such policy and Tenant shall furnish Landlord a Certificate of Insurance with reference to the same. SECTION FOURTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Tenant shall not assign this lease or sublease the premises, or any right or privilege connected therewith, or allow any other person, except agents, employees, and customers of the Tenant, to occupy the premises or any part thereof, without first obtaining the written consent of Landlord. A consent by Landlord shall not be a consent for a subsequent assignment, sublease or occupation by other persons. An unauthorized assignment, sublease, or license to occupy by Tenant, shall be void and shall terminate the lease at the option of the Landlord. The interest of the Tenant in this lease is not assignable by operation of law, without the written consent of the Landlord. Notwithstanding the above paragraph, Tenant may assign this Lease or sublet the premises to any bona-fide SUBWAY Franchisee of Doctor's Associates, Inc., without the prior consent of the Landlord. Such assignment or sublease shall not alter Tenant's responsibility to Landlord under this Lease. Landlord agrees to accept rent £rom the Tenant, its assignee, or sublessee. SECTION FIFTEEN IMPROVEMENTS OR ADDITIONS BY TENANT During the term of this lease, Tenant shall have the right and privilege of remodeling or altering the interior of the premises, in accordance with the standard SUBWAY decor, including installation of additional partitions complying with all codes, ordinances, and laws in effect at the time of remodeling. No alterations or improvements affecting the structural portion of the building shall be made by Tenant without the written consent of Landlord. Tenant shall be permitted, within ten (10) days after the expiration or sooner termination of this lease, to remove any additions or improvements made by it, provided, however, that it repairs any damage to the premises caused by such removal or pays for any damages caused by such removal and further provided, that any such addition or improvement not removed within ten (10) days, shall be deemed abandoned and shall, thereupon, become the property of Landlord without compensation to Tenant. SECTION SIXTEEN RESTRICTIONS AGAINST MECFIANIC'S LIENS Tenant shall pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations, or maintenance of the premises, and all liens of mechanic's and materialmen, and all liens of a similar character, arising out of or growing out of-the construction, repair, alteration, or maintenance of the premises. SECTION SEVENTEEN - SIGNS & PARRING This lease and Tenant's obligation to pay rent is contingent upon Tenant's ability to construct the premises in accordance with the standard SUBWAY decor and to erect standard SUBWAY signs. Landlord grants permission to the Tenant to erect the largest sign(s) and awning(s) permitted by local codes and ordinances. Landlord and Tenant agree that said signs shall be at least 3' x 12'. Landlord agrees to allow Tenant the use of or to construct a pole sign adjacent to the demised premises provided Tenant complies with all local codes and ordinances. Landlord agrees to provide Tenant with one (1) parking space per 150 square feet of leased premises. Tenant shall be permitted to install signs designating the spaces for Tenant's patrons only. SECTION EIGHTEEN CONDEMNATION If the whole or any part of the demised premises shall be taken by any lawful authority under the power of eminent domain, then this lease and the term demised, shall thereugon terminate and Tenant shall be liable for rent only up to the date of such termination. In the event of the partial or complete taking of the improvements, as aforesaid, Tenant shall be entitled to participate in any and all awards for such taking to the extent that any such award includes the loss, if any, sustained by Tenant as a result of the termination of this lease for loss of business, fixtures and moving expenses. SECTION NINETEEN HOLDING OVER The failure of Tenant to surrender the premises upon the termination of the original lease term or extension, and subsequent holding over by Tenant, without consent of the Landlord shall result in the creation of a tenancy for month to month at a monthly rental of 125 of the minimum rent, payable on the first day of each month during the month to month tenancy. This provision does not give Tenant any right to hold over. All other terms and conditions of this lease shall remain in full force during any month to month tenancy hereunder. SECTION TWENTY NOTICES Landlord and Tenant acknowledge that it is extremely important that rent be paid in a timely manner as required by this lease. Since the Tenant will be subletting the premises to a franchisee of Doctor's Associates, Inc. and the franchisee will be paying rent directly to the ,Landlord, the Tenant will not know if rent has not been paid. Therefore, Landlord agrees to give written notice to Tenant within ten (10) days of any default committed under this lease by a Sublessee or Assignee of Tenant. Failure of Landlord to give such notice constitutes a waiver of monetary and non-monetary claims against the Tenant. Any notice which is to be given to Tenant shall be deemed sufficiently given if sent by Certified or Registered Mail, postage prepaid, addressed as follows: r LANDLORD: TENANT: 325 Bic Drive Milford, CT 06460-3059, to and the demised premises. The customary receipt shall be conclusive evidence of service, and notices shall be effective as of the date of mailing thereof. Landlord agrees to accept rent at the above-referenced address. SECTION TWENTY-ONE FORFEITURE In the event Tenant's failure to pay any installment of fixed minimum rent, or any other monies agreed by it to be paid under the terms hereof, shall continue for ten (10) days after written notice thereof, or in the event Tenant's failure to keep or perform any of the other terms or conditions of this lease for thirty (30) days after written notice thereof, Landlord shall be entitled to bring suit for said rent due, or to declare the rights of the Tenant under this lease terminated, and thereafter, recover possession of said premises through legal process. In the event of termination and re-entry by the Landlord in accordance with the foregoing, Tenant shall be obligated to Landlord for any loss of rent and Tenant covenants and agrees to pay all court costs, reasonable attorney's fees and other expenses which may reasonably be incurred by Landlord, in any court proceedings, either in law or in equity, arising out of said default or breach of covenant by Tenant. Notwithstanding any provision in this lease to the contrary, Landlord agrees that Tenant's liability shall be limited to an amount which is equivalent to three (3) months rent. However, Tenant may, at Tenant's option, terminate this lease at any time. In the event Tenant chooses to exercise this option, Tenant shall be required to pay to the Landlord a sum of money equal to three (3) months rent and to give Landlord at least thirty (30) days written notice thereof; ,said notice shall designate the date of termination. SECTION TWENTY-TWO TENANT'S REMEDIES ON DEFAULT ~In the event of any default by Landlord in the performance of any promise or obligation to be kept or performed hereunder and the default contiY~aes fay a period of thirty ~(30) days after receipt by Landlord of a written no~cice from Tenant specifying the default, in~such event. .Tenant, at its election, can declare this Lease,°terminated and void and vacate the premises within an additional period of thirty (30) days, paying rent only to the date of said vacating. SECTION TWENTY-THREE r LICENSES This lease and Tenant's obligation to pay rent are contingent upon the Tenant's ability to procure upon first application, the necessary approvals, permits, and licenses, from appropriate governmental authorities to use the premises as a SUBWAY. SECTION TWENTY-FOUR - TAXE5 AND ASSESSMENTS Landlord agrees to pay all general real estate taxes and special assessments assessed to the leased premises, during the term of this lease, or any lease extension. Such taxes shall be paid before they are delinquent and become charged against the premises therein. SECTION TWENTY-FIVE LANDLORD TO HAVE ACCESS Landlord hereby expressly reserves the right to enter the premises and/or any part thereof, at any time in the event of emergency. Furthermore, Landlord may enter the premises after five (5) days written notice to make inspection and repairs, to exhibit the premises to prospective tenants, purchasers, or others, and to perform any acts related to safety, protection, preservation, reletting, sale or . improvement of the premises. .Tenant shall have the right to peacefully hold and enjoy the leased premises without unreasonable hindrance or interruption by Landlord or any persons claiming by, through, or under him until the end of such term or any extension of renewal thereof. SECTION TWENTY-SIR RENEWAL OPTIONS This lease shall automatically extend for nine (9) consecutive period(s) of two (2) years unless Tenant gives Landlord ninety (90) days written notice that Tenant chooses not to renew this lease. The terms and conditions for each renewal period shall be the same as those contained herein, except for the fixed base rent which shall be adjusted upward. Said rental shall be payable in equal installments each month in advance on the first day of each month during the option period; the fixed rental shall increase at a rate of per option period. SECTION TWENTY-SEVEN ENTIRE AGREEMENT Landlord recognizes that the Tenant is a Delaware corporation organized for the purpose of leasing properties for Subway franchisees, of Doctor's Associates, Inc. Landlord acknowledges thatLandlord-has made its own examination of the Tenant and is not relying upon any ' representation(s) from any person or entity related to the Tenant. Further, Landlord represents that there are no oral agreements .affecting this lease; this lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties as stated by, including but not limited to, Tenant's agent(s), employee(s), Subway franchisee(s), and/or Subway's Development Agent(s). In the event of a default by Tenant, Landlord shall look solely to the assets of the Tenant corporation. It is expressly understood and agreed that nothing in this lease will be construed as creating any liability whatsoever against the franchisor, Doctor's Associates, Inc., i'ts shareholders, directors, officers, employees and/or agents. Such exculpation of liability shall be absolute and without, any exception whatsoever. This Lease may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in interest. SECTION TWENTY-EIGHT BROKERS Landlord agrees to indemnify Tenant for any claim for brokerage commissions in connection with this lease. SECTION TWENTY-NINE COMPETITION Landlord agrees not to sell, lease, let, use or permit to be used, any other property owned or controlled by it within one mile of the leased premises now or at any time during the period of this Lease or any extension to any entity in competition with Tenant's business. SECTION THIRTY RECORDING Either party shall, upon ten (10) days written request of the other, execute, acknowledge and deliver to the other, a short form Memorandum of the lease for recording purposes. All costs and expenses related thereto shall be borne by the party requesting the memorandum. SECTION THIRTY-ONE WAIVER No waiver by either of the parties hereto of any provision or breach hereof, shall be deemed a waiver. of any other provision or of any subsequent breach by the Tenant or the Landlord of the same or any other provisions. The Landlord's or Tenant's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of the Landlord's or the Tenant's consent to or approval of any subsequent act. No remedy or election hereunder shall be deemed exclusive, but shall, whenever possible, be cumulative with all other remedies at law or in equity. If at any time under the provisions of this lease ,the consent of the Landlord is required, it shall not be unreasonably withheld. SECTION THIRTY-TWO LAW This lease and the performance hereunder shall be governed by the laws of the State in which the premises are located. SECTION THIRTY-THREE HEADINGS This instrument's paragraph headings are for quick reference and convenience only and do not alter, amend, or otherwise affect the terms, conditions, and agreements set out herein. SECTION THIRTY-FOUR ATTORNEY FEES In the event of litigation between the Landlord and the Tenant relative to rights, obligations and duties of either party under this lease, attorney fees and costs shall be paid by the non-prevailing party. In the event of litigation between the parties, both parties hereby waive any claim against the other party to this lease for consequential, exemplary, and/or punitive damages. SECTION THIRTY-FIVE FORCE MAJEURE If either party fails to perform any of its obligations under this Lease as a result of Force Majeure, such party shall not be liable for loss or damage for the failure and the. other party shall not be released from any of its obligations under this Lease. If either party is delayed or prevented from performing any of its obligations as a result of Force Majeure, the period of delay or prevention shall be added to the time herein provided for the performance of any such obligation. "Force Majeure" shall mean any period of delay which arises from or through Acts of Gods; strikes, lockouts, or labor difficulty; explosion, sabotage, accident, riot, or civil commotion; act of war; fire or other casualty; legal requirements; delays caused by the other party; and causes beyond the reasonable control of a party. SECTION THIRTY-SIR OFFER Landlord and Tenant agree that this offer to lease is open for acceptance by the Landlord for thirty (30) days following execution by Tenant. In the event the Landlord does not execute this lease within thirty (30) days of execution by Tenant, this offer shall be null and void and Landlord shall promptly return any and~all monies paid by Tenant. SECTION THIRTY-SEVEN RIGHT OF FIRST REFUSAL TO PURCHASE In the event lessor shall receive a bona fide offer to purchase the demised premises during the term of this lease, and the offer to purchase shall be satisfactory to lessor, lessor shall give lessee the privilege of purchasing the premises at the price and on the terms of said offer. This privilege shall be given by written notice to the lessee via certified or registered mail requiring the lessee to accept the offer in writing and to sign a contract to purchase the premises within thirty (30) days after the mailing of the notice. The failure of lessee to accept the offer to purchase or sign a contract within thirty (30) days shall nullify and void the privilege to lessee and lessor shall be at liberty to sell the premises to any other entity. Any subsequent sale, except to lessee, shall be subject to this lease and any renewals or extensions hereof. IN WITNESS WHEREOF, the parties have executed and delivered this lease as of the date first above written. WITNESS: LANDLORD: by: Title: TENANT: SUBWAY REAL ESTATE CORP. by Vice President LANDLORD`S ACKNOWLEDGMENT STATE OF ) ~ ss. COUNTY OF ) On this day of before me, a Notary Public, in and for the jurisdiction aforesaid, personally appeared to me personally known, who by me duly sworn did say that he/she is the of and that said instrument was signed on behalf of said corporation by authority of its Board of Directors, and that he/she acknowledged execution of said instrument to be voluntary act and deed of said corporation by it voluntarily executed. Notary Public ' (Notarial Seal) My Commission expires TENANT`S ACKNOWLEDGMENT STATE OF CONNECTICUT ) SS. COUNTY OF NEW HAVEN ) On this day of before me, a Notary Public, in and for the jurisdiction aforesaid, personally appeared to me personally known, who by me duly sworn did say that he/she is the Vice President of SUBWAY Real Estate Corp., and that said instrument was signed on behalf of said corporation by authority of its Board of Directors, and that he/she acknowledged execution of said instrument to be voluntary act and deed of said corporation by it voluntarily executed. Notary Public (Notarial Seal) My Commission expires EXHIBIT A LANDLORD'S WORR Landlord, at Landlord's sole cost and expense, shall construct the demised premises as follows: 1. 200. amp, 3 phase electrical service; 2. 4' x 2' acoustic drog ceiling with black ceiling grids; 3. Dry wall taped and sanded and ready for Tenant's finishing; 4. A 7 ton air conditioner, provided in 2-3.5 split systems with 10 EER rating; 5. ~ , ~2 complete bathrooms equipped according to handicap requirements located per Tenant's plans and specifications; 6. Wet dumpster with drain; 7. Wall plugs every six feet per Tenant's plans and specifications; 8. 4'x 2' recessed fluorescent lighting per Tenant's plans and specifications; 9. Separate utility meters for the demised premises. K • . EXHIBIT B LEASE COMMENCEMENT AGREEMENT TO LEASE DATED THE DAY OF , 19 BETWEEN LANDLORD, AND SUBWAY REAL ESTATE CORP., TENANT, DEMISING SQUARE FEET AT . PURSUANT TO THE PROVISIONS OF THE ABOVE LEASE, LANDLORD AND TENANT, INTENDING TO BE LEGALLY BOUND HEREBY, AGREE THAT THE TERM OF SAID LEASE COMMENCED ON THE DAY OF , 19 AND RENT COMMENCED ON THE DAY OF , 19 AND LEASE SHALL END AT MIDNIGHT ON THE DAY OF 19 , UNLESS SOONER TERMINATED OR EXTENDED AS THEREIN PROVIDED. TENANT AGREES THAT, AS OF AND THROUGH THE DATE HEREOF, LANDLORD HAS FULLY AND TIMELY COMPLIED WITH AND PERFORMED EACH AND EVERY OF ITS OBLIGATIONS AS SET FORTH IN THE LEASE AND THAT TENANT HAS NO CLAIM(S) OR CAUSE(S) OF ACTION AGAINST LANDLORD WHATSOEVER AND HAS NO RIGHT TO ANY SETOFF(S) AGAINST ANY AND ALL SUMS DUE LANDLORD. LANDLORD AGREES THAT, AS OF AND THROUGH THE DATE HEREOF, TENANT HAS FULLY AND TIMELY COMPLIED WITH AND PERFORMED EACH AND EVERY OF ITS OBLIGATIONS AS SET FORTH IN THE LEASE AND THAT LANDLORD HA5 NO CLAIM(S) OR CAUSE(S) OF ACTION AGAINST TENANT WHATSOEVER. IN WITNESS WHEREOF, THE LANDLORD HERETO HAS DULY EXECUTED THIS SUPPLEMENT TO SAID LEASE AS OF , 19 WITNESSES: LANDLORD: (A5 TO LANDLORD) IN WITNESS WHEREOF, THE TENANT HERETO HAS DULY EXECUTED THIS SUPPLEMENT TO SAID LEASE AS OF , 19 WITNESSES: TENANT: SUBWAY REAL ESTATE CORP. . (SEAL) VICE PRESIDENT N ~ o AVON SUBS, INC. JIM COMERFORD P.Q BOX 2729 PRESIDENT 47 E. BEAVER CREEK BLVD. AVON, CO 81620 (303j 949-1312 August 28, 1991 Mr. Mike Rose Town of Vail 75 S. Frontage Road W. Vail, CO 81657 Dear Mike: I just received some floor plans and layouts from Subway Headquarters. Please look them over when you have a chance and give me a call. Also, I tried to reach;;=''~y a couple of times today and had no luck. T~Xgt~'``-' ~ J J s F. C ford, Jr. JFC/kr Enclosure THUS tllt<A7IpN MSST RECEIVE APPR6YAL FRQS ~ r~rn g ~T~'r r~? THE QPERATIpNS BfPARTk~T. THE L.A. is RE.sr ~,.w.BLE ixh ~l VIi~ C~tY t~~Pl ~k7R Cat~T~CTING E'..Y7_kBET}I RI~Es E'SfT. 112. ' -I JIM C[IMEREi~RD NDTEi [v t , . _ t'LE~.';E ~ SURE Tn U'T1Vi7E TF{ts t~EAAGE b1FtA'd~G xraa~ r~ss vHFTZ MFFTICSC VI7st LflCA~ ~ILD~ i H~LTN IN~'EGTI1tS Z C V ERIfY YFSETHER THE { +w' usEfT ALAN , rr~t. ~ ~ IJITH ; ; , E. 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I I... 1 i ; t F... <::i I ~ t ~ t..:t j..f ;::s ~.I ~ i...i ~ ~ Wfi .i_.i v i'':! i" ~...i I~r; ~1 ~~t ~ 'I..• , . 1...: t 1 ?1 t k::: 1"' I t:9.::.....t •f ?.....t. t t I!:•:' c:! 1:.: I ~1 Z I:; 'f:. t i I.~' ' ~t .l 1 t!:::';::: ~...i ~?l.:?.~ t f,..~ t:~,'.~ l' t...t!~: !I!%::t!:.~r::' ?...~`:,•~3.: f,~~ ~ rte/ • ~ -~C~~°~ / . . G~ _ ~ f. c G~~~ l ~e 5 V~ ~ i o` Y~ Npu~- 1 g-9 1 W ED 1 1 1@ W REh,f ASSOCIATION P 0 1 L ~ ~ RECD NOV 1 5 1991 ,i X c % cr tl~Vq Associ~ti~q ~•,i~~; ~;~~:~th c'rontage Rd., Suite 116 V;ul. c:Qlorado 81657 ';t)31476-0052 Nc)vFMBER 14, 1991 Mrt. KENT RUSE OWN OF VAIl. ~'AIL~ COLORADO $165 I'r AK MAYOR R03E, HAVE JUST LEARNED OF A CONFLICT CONCERNING THE TowN o~ 1~'AiL LEASING SPACE IN TFtE LIONSHEAD PARKInG STRUCTURE Tn ra+E LOCAL FRANCHISE HOLDER FOR SUBWAY SANDWICH SHOPS .JAMES i'OMiERFaRD. 1`:5 1 UNDERSTAND 17~ SOME MERGHANTS IN TF3E LIONSHEAD AREA FC[L THIS TYPE OF OPERATION I5 INCONSISTENT WITH THE LOCATION AND IN CONFLICT WITH OTHER EXISTING BUSINESSES. IN (iTHER 4lORDSi THEY ARE CONCERNED THAT A WELL RUN BUSINESS WILL PRRVIAE THE THE TYPE OF COMPETtTIpN THEY ARE NOT COMFORTABLE WITH. P:s THE GENERAL MANAGER FQR A PROPERTY TbtAT MAINTAINS AN Aid OCCUPANCY YEAR AROUNDr I FEEL I AM IN TOUCH WITH THE pEMANI)i RF ROTFt YACATYON OWNERS AND GUESTS. A GRt:AT NUMBER OF MY OWNERS AND GUESTS NAPE FAMILIES THAT WOULD PREFER A SUBWAY °YPE of MEAL BUT DO NOT WISH TO GO TO WEST VAIL iN ORDER rr (:PTAIN ONE. A RESTAURANT OF THIS CALIBER CpNYENIENTLY ?itCATED WITHIN TH1: VILLAGE/LIONSHEAD CONFINES WOULD cFRTAiNLY SE A PLUS. ~IifRE ARE MANY. FINE RESTAURANTS IN LIONSHEAD QFFERING FULt ;,fRVICE MENUSi HOWEVERi NOT ALL OF OUR OUE$1'3 ARE OF THE ;NCOME LL'VEL AND AGE BRACKET THAT TtiESL LSTABLISHMENT5 AaF t~ARED TdWARD. N O S- 1 5- 9 1 W E D 1 1 1 0 W F~ E N A S S O C I A T I O N P~ i@ 2 ~ FItRTMERe FROM A LOCALS STAI~QPOINT, ~ WOULD APPRECIATE BEING ASIE TO AVAIL MYSELF OF THIS TYPE OF FOOD SERVICE WITHOUT HAVING TO TRAVEL TO THE WEST VAIL AREA. MANY LUNCHES ARE MISSED DURIidG TWE SKI SEASON wrIEN T]ME IS LIMITEn AND LONGER LINES EXIST AT MOST RESTAURANTS. I CERTAINLY HOPE YOU WILL GONSiDER THE BENEFITS THIS TYPE of F(IOD SERYICE WILL PRaViI~E TO B©TH LOCALS AND GUESTS AND 1(iNORE THE PLEAS 4F THdsE THAT WOU4D RESTRICT MY OPTIONS iN FAVOR O1= LESS COMPETITION. THANK YDU FOR YOUR CpNSIDERATION. ~tr~_ RnSR~T GASs G}yERAL MANAGER NOV-15-1991 13 48 FRAM VAIL MNTN MEI} PC TO 4792157 P.02~02 . ~IZ~ ' VAIL MOUNTAIN MEDICAL.. f>.C. ~~fir~• ~®V ~ 5 9~9~ t$] WEST MEADOW DRIVE . SlJlTE 2pp l'" vac. coLOw?Da saes, T~ • w. t303) 476-5885 SUQAN A. y'NsILL An~h~BTxgTOR 0 ~1/is/~i Mayor K®nt Rose Town of Vail Vail, Ca. This letter is to support Jim and Jane Gamerford in their pursuit to establish a Subway franchise in the Lion's Hr~~?d area. It would be terrific far myself, the employees of Vail 1~auntain Medical, P.C., locals and tourist to have access to quirk and reasonably priced cuisine. My only regrets is nat ~omxx>tg up with the idea first. Sinaexel~r, _ J • Susan A. O'Neill Admiinistrator TOTAL P.02 ~~~c._ TRANSPORTATION SERVICES AGREEMENT THIS AGREEMENT is entered into on this day of November, 1991, among the Town of Avon, a Colorado municipal corporation ("Avon"), and the Town of Vail, a Colorado municipal corporation ("Vail"). R E C I T A L S 1. Avon operates transportation services known as Avon/Beaver Creek transit. 2. The parties wish to cooperate in the provision of regional transportation services as set forth in the regional services plan attached as Exhibit "A" and incorporated herein ("transportation services"). 3. The parties wish to enter into an agreement to set forth the terms and conditions for the provision of such services. AGREEMENT The parties agree as follows: 1. TERM OF AGREEMENT This agreement shall commence on November 15, 1991 and shall terminate on September 30, 1992. 2. SCOPE OF SERVICES The routes and hours of service are affixed to and are incorporated in this agreement as Exhibit "A". The same are prepared for budgetary and planning purposes and are not to be construed as necessarily limiting Avon. Should Avon wish to change routes and hours of service, Avon will consult with Vail. Reasonable suggestions by Vail will be considered. 3. RECONCILIATION AND FUNDING (A) Funding contribution by Vail. Vail will pay a cash contribution of $110,000 to operate the regional transportation services. Payments are due by the 15th of each month, beginning on January 15, 1992. Twenty (20) percent shall be due in January, 1992 and ten (10) percent shall be due each month thereafter. (B) Reconciliation. The participants agree to reconcile the transportation budget at the end of the term hereof as follows: (i) In the event of a surplus balance at the end of the term of this agreement, the remaining funds will be used by Avon to improve the condition of buses, if Vail determines to continue its participation for an additional term. If Vail determines not to continue its participation beyond September 30, 1992, then Vail's proportionate share of contribution shall be refunded. (ii) In the event that a shortfall occurs, or begins to occur, Avon reserves the right to modify, terminate, or 2 otherwise alter the scope of services in any way necessary to avoid such deficit. Avon will consult with Vail regarding such changes prior to their occurrence. In the event Avon determines that additional funds will be necessary to operate the transit system, Vail will be notified, and appropriate action will be determined by both parties. 4. OPERATION OF TRANSPORTATION SERVICES The day to day operation of the transportation services shall be the sole responsibility of Avon. Avon shall provide all employees necessary for the efficient operation of the system and, in addition, shall provide for the reasonable maintenance of all equipment utilized in the provision of transportation services as provided for in this agreement. All persons employed by Avon in the operation of the transportation services shall remain employees of Avon. Standards of performance, discipline of employees and all other matters incidental to the performance of such services and the control of personnel so employed shall remain with Avon. All persons employed by Avon in the performance of transportation services shall be paid directly by Avon, and no other party shall assume any liability for the direct payment of salaries, benefits, wages, or other compensation to such personnel. Avon shall be solely liable for the compensation or indemnification of any such employee for injury or sickness arising out of his or her employment. 3 5. BUDGET AND EXPENDITURE OF FUNDS (A) Avon shall submit to Vail an accounting of funds received and expended by it for each month during the term of this agreement by the 15th of each month. The reports shall be substantially in the form attached to this agreement as Exhibit /4811 (B) Avon shall submit to Vail its unaudited financial report for the operation of the transportation service during the term of this agreement no later than October 30, 1992. In addition, Avon will make available its annual audit. The expense of this audit shall be paid by Avon as an expense of operation of the transportation service. (C) Avon shall keep or cause to be kept true, accurate, and complete accounting records of all business and financial transactions conducted pursuant to this agreement, and shall make such records available to the task force or any of the parties upon a reasonable request therefore. 6. INDEMNIFICATION Vail agrees to indemnify, defend, and hold harmless to the extent allowed by law, Avon, its respective agents, officers, and employees of and from any or all loss,cost, damage, injury, liability, claims, liens, demands action and causes of action whatsoever, including reasonable attorneys fees arising out of 4 the indemnifying parties intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. Likewise, Avon agrees to indemnify, defend, and hold harmless to the extent allowed by law, Vail, its respective agents, officers, and employees of and from any or loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of indemnifying parties intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. 7. INSURANCE Each party shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as such party may deem adequate and necessary to protect against any potential liability arising from this agreement. Further, each respective party shall name, subject to the approval of their insurance carriers, each respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. 5 8. MISCELLANEOUS PROVISIONS (A) Headings for convenience. Headings which appear in this agreement are for convenience only. They do not operate to define, limit or describe the scope or terms of this agreement. (B) Governing Law. This agreement shall be construed in accordance with the laws of the State of Colorado. (C) Severability. The invalidity of a provision, paragraph, sentence, clause, phrase or word shall not affect or destroy the remainder of this agreement. (D) Waiver. The waiver or a breach of any of the provisions of this agreement by any party shall not constitute a continuing waiver, or waiver of any subsequent breach by a party or another provision of this agreement. (E) Amendments. This agreement may be modified, amended or changed in whole or in part only by agreement in writing executed by all parties to this agreement. (F) Assignments. This agreement may not be assigned by either party without the prior written consent of both of the respective parties hereto . (G) This agreement does not and shall not be deemed to confer upon nor grant to any third party and rights to claim damages or to bring any law suit, action, or other proceedings against any of the parties because any breach hereof or because of any terms, covenants, agreements, or conditions contained in 6 this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. TOWN OF VAIL BY: TOWN OF AVON BY: 7 . EXHIBIT A REGIONAL TRANSIT SERVICES PROPOSAL 1991/1992 TRANSIT SERVICE PU4N WITH ' OPERATING AND COST PROJECTIONS Juiy 2A, 1991 TABLE OF CONTENTS SERVICIr RL'I rkNA i 11't~ RUU'1•L• I ~ICIICIVII~CJ Kuulc ~1u4? 1 CG1111IJaI l )u~uluClllal lull 2 ROUTt (iCnCrrIltCJ Kuultl Mrp 3 7Ct~Illll~r) I)U~u111C111r11U11 ~ ROU'1't 3 (.iena1~11cCJ kuulC Map ~ Tncllnl.;dl UuCunlenlrliun . . . . . . . 0 ROU"1'~ a GtlntllrllLCJ Kuu1e Mrp (4r- N~Illll:l) . 7 GonerrllceJ kuuln Mrp (4b- WIIIICf ? • (ientllrllccJ kuulel Mrh (4l;-Sunullcl) 9 1'dchnlcrl I)ucunltntrllun 10 COMPARA'fIV~ ~llll511)Y ~SIIMA•I~t: . . 11 COMM11"1'tlr hl1Nl)INtr 1tL(111L~1' . , . 12 i I i E~Iti~uwc ~ 1011 i ~ m O` i~~Evl G1 o ~ ~ m C '4 ~ 4 ~ v N ~ ~ ~ ~ ~ ~ ~l-ro _ - - - - us e O O _ O ~3 A~ln l urn ®es vei Ci drk Rid Cl/l/ Wlnldr Deily Peek Periods 3 Tips Summer Deily Peek Periods 1 Trip L d v!//~ Route 1 Leedvitts - Il~il ROUTE 1 LEAUVIf.LE - 'All. Lead~•ille, Itrd t'I~If, ~lwturn, ~'ril Service/Opcrr~iny N'u~rc, Sun~m~r Parameter (I a~~ 1 1 A ~y~l Service Period I)r~ly Ua~ly Perk PCrwd~ 1'u~t, I~t;~ iuJi Round Trip'1'imd Ilti~) j 3 Headway (Minn) - - Trips/Day 3 1 Vehicle RoquirCn~rnt~ ; I Service liuurs/I)ry y ; Total Service flours I , 3l?) OOU I ,y0~ Piiien~er3llfUUr 12 S10 (t ~ Total Passengers 2 S, j~9 Revenue/Passet?Yrr Z2 7~ 12) Total Revenuer So9,20) Coat/Servico I lour 11 / o' 1 jl Total Cost 39),>>l 1)1 E~tlmate~f Subsidy s:~, l10 (1) Exirtina rouse NruJu~tivity ii I ~.IU pyr?cn~crf Ndr rervice hour. Rouse produ~r~very jur the third trip (429 strvr~e flours) u aatwiad to be ono-third ul' tl?o t:siyttny pruductrvtty wl?rch is consistent with 1990/91 levels fur Minturn and rellects typkatly bwetr pruduCtiviticr fur n~?pur?dCd yarv~~ts. (2) Revenue in Iy9U/yl fur the cumUincd t.eaJvrlic and Minturn servicas was appruximytely t2.~1 per passenSer. (3) Tho exirttna ?ervwe ryreement Uetween 1 e~~vrlld rr?d Avon includes S2S per rervice hour plus so0,000 for 2 leave veAiclsa. TAY arrangement rr rraunrd~i to cunrrnuo wrrl~ r X41, ~njlar,un factor yiCldin~ an avrraae .:ost per service hour u! ta7 0?. L fi E L 5~ U R G 4 ~O o, ~ Y ~ o o` L l E V l G 1 ~ ~ ~ ~ ~ ~ 4 i ~ r 4 ; 4 ~ ~ ~ Y l- T D - _ _ . _ ~ . u~ a p.. ~ - A,e~nPurn Bse vdr C~ t?dk Aed coil Wlnter Deily Pack Pdiiad 6 Trips (Edwardsl W/nler Deily Ol/-Peek 18 Tiips lEdwerdsl Summer Daily Paek Periods 4 Tiips lEdwe~dsl Summer Dally Ot!-Peek d Tiips (Weever Craekl 1 •edvll/~ Route 2 . Edwe~d~ Bee vex Crsekl - Va!l Kou•r~ 2 EDWARDS(t1~A~'k'K ('Itttl+) - 'All. , Edw.rdr (Ue.vtr ('reel?, Avun, l:rtllr-full, ~'rl) (All ~rrvlct VI• US 6) ~~r Service/Operarin~ W'inicr 1A'iurcr S''ummer Summer PJUmsrtssu r ~ a Z.13ilY~ ? r 14s r YS ? (~2o n. 11 ~ s ~ enn,a~ Service Period Drily nrily Uaily a~ly t'nrl, 3 Iluurs (A ~1) 13.1 Iluurs Pear Per,uJa Iluurr tdwrr.la- Va,l t.Jwurds-Vail Edwards- Vr~l aver reek- rl Round Trip 'I rn~e (I 1, a) 1) 1 .1 1, ~ 1 Headway (Mina) 3U .IS - e0 Trips/Day e I d 4 ~ Vehicle ROQu1fe111Cllli 3 2 1 ~ N/A Service HUUr~/I~ay y ? i 6 tl Total Service Iluurs 1,30> 3,y1~ 1,320 I,a 910 PerrenSerr/Ifuur I ~ :I 'I.aSI (1) 5.07 (2) 3 ) Total Perren~err 19,tl4y :'I,323 6,692 4 4 00, Revenue/Prraontler 3l 33 SI.j3 SI.00 (3) sl 00 3) Total Revenuer T20,395? 3j'I,000 fe,420 f ,20 s7e 7S Cort/Service Iluur lr~a tl) ~a4 tll 54.83 f ~ tl) Total core fse,so3 ~ 17s,so9 ~ Ss9, a 7A o2,7e s s, o Estimated Subsidy S32,IU4 5136,309 SS2,484 ~!<,17e T9,~ (I) 'Two-thirds of Ifto service Fours operate al Sl, l 'I passengers/hour and one-third of Iht service hour operate a1 ~.1) pauenSerrf/Isow. (2) P.ts`enSdr pruduclrvrry for summer servr~e is assumed to be one-third of the produclivrtier observed in the winter. (3) Revenue per prsson8er 1'or summer sCrvr.:e is assumed to be Three-fourlAs of rf~e revenues observed in IAe wrnrer dw to a bwor proportion of lull lure ridCrs. r E l S~ U A G o ~O o . t r ~ mo <<EVi G~ ~ o ~ ~ m ~o r w o c v 3 a ~ ~ ~ -70 _ U8 4 8.--------.._ ~ A~f/r~lurn ®®®verr Ci ~uM Red CI~II Wlnter Deily Daylong 44 Trip9 (plu8 Augmentation) L •~dvil/~ Route 3 B v i Ci k- V i ~ ee a ae s I ~w ROUTE j BEAVER ('REEK - ~'A11. Bearer Cree~~ Avun, ~'rll (All Ser~lce ~'Ir 1-7U) Service/Operrt ine W infer Winter Sun?nrer Panmelera /jg~~t /14S DYYS1 ('?y4 Urvsl ,~1,~Y~1 Service Period L)aily Uaily Nu SCrvi~e Peak PCriuJi Off-Peak 0 flours 10 Hours Round Trip Tirne (lira) 1 1 Headway (Mina) 11 30 Trips/Day 34 20 Vehicle Requircmenu 4 2 Service Hour'/Day 2~1 20 Scheduled Service 1luurr ),4tl0 2,900 6,3!10 Au~mentalion Servr,;e I luurr 1 ,44U - 1,440 (1) Total Service flour' 4,92U 2,900 7,tl20 PassenSara/tiuur 19.tld Total Passen~ors 1)5,402 Revenue/Pasrenyer t I.3j Total Revenues 1200,704 Cost/Service Ituur s44.A3 Total Cost 5330.71 Estimated Subsidy S141,tl07 - (1) Autlrnentrttion aervr~e refCrr to the unscht:JuldJ response to peak passenger demand: rn which the remainin0 vehicles era put iti service as needed. Uver the peak season au~rnentation service is expected to require 4 buses operating ~1 hours per day !or 73 der and 1 busn~ uperrtinr 4 1?uu,r Irer Jay fur un arlJuruna) 30 Jays. FUNDING ALLOCATION (0/4/81) ........................................................,A._..........._..._.._...................... OPERATING X 8ERVICE 8UB810Y BUDGET .LAKE CO./ RED CLIFFi BEAVER ...,..,........,..y...4............................... .......VAII...... COIMRII BEAVICE8 E~APL. HOURB EST. EBT. (1~ LEADVILLE MIINTURN EAGLE CAEEK AV N- ......................................W......................................... . t•~ ' . 625000 Yw? long, Pik 100.0°.6 1666 524370 626000 Wlnt~t, Peak 100.096 1306 632104 133000 118500 _ 6!6500 _........_.Q..............-........._........__._......... - Wlndet OM•Poek 38.4 3816 1138606 1138600 i8T000 124750 i24T50 8umm~r, P~~k 100.096 1320 262464 162600 - 128250 i282lSO ..Y... Wlntar, Day Lonp 12.396 7820 ;143807 1144000 =1 16000 6000 8U8•TOTAL3 ~ 18326 6389274 1361000 10 ~ 10 10 =213000 176500 i101b00 >a 120000 185 Mrn~mont F~~ 135000 00o illy i0 TOTALS 1428000 i0 10 60. 1233000 ie x .,....T..100:096 ~'............0;0!/. ................~;0°'6 _.....~,....,_..0:~~ .............61;791 ..............16:596 ..............26:~ ~ . - .......W OTHER _ _w 8ERVICEB Oh-Pwk ~ 16-9'Y~ ~~1400 666476 - 158600 Summ«, Winter, P~~k 100.096 12e 14726 16000 • i~.y ....W............ V Winlu, P~It 4.... W100.096 - - 853 132851 - 133000- ~ r 8wrrna, Pwtk 100.096 600 120616 121000 ..w__ ~ ..~~~...oud~~l...~~llmnl~~...~~~ round.d....v.lu.....°~.,.Ih~....~ub~I4r~~~11mN~~ _ EXHIBIT 6 .DIVISION OF TRANSPOR ~ A~~ ION MONTHLY SERVICE SUMMARY Through June. 1991 For AvonlBeaver Creek Transit MONTHLY RIDERSHIP SUMMARY 91-92 YTD 90-91 TOTAL . AVON OCT. NOV. UEC. JAN. FEB. MAR. APRIL MAY JUNE JULY AUG. SPET. Before 8-91 Before 8-9U After 8-91 After 8-90 BEAVER CREEK LOT Before 8-91 Before 8-90 After 8-91 After 8-90 CREEK RT -91 CREEK RT -90 MT. RT -91 MT. RT -90 D.A.R. -91 D.A.R. -90 INTRA VILL -91 INTRA VILL -9U REGIONAL Leadville -91 Leadville -90 Hwy 6 -91 Hwy 6 -90 , I-70 -91 1-70 -90 Eagle -91 Eagle -90 Total -91 Total -90 1 '91 IMI'111Y11 AC 1'IIU,INI 111 NIOfNt111V IIIIAI , E IIOr. OEL. JAN. 11 H. MAA. APN. MAY JIINE JIIIY Allfi. SEPT. 111.1, 1 1 / t / t / >Z N 6 / f / . - X L.. x / - ~ / ~ - 1 / 2 IIIIAI 6)1 Il 1)1? 1/ 1756 9 13u? 9 J606 A In96 III ~A1 16 1051 1/ !71? lu 1199 lu 1171 lu 537 5 19 5 1110 11 61116 9 tlAl? 11 91113 II 1'1967 17 14/:l R 4411 57 1650 33 'S! 1M 100 1711 IINI 159u lu1 IMR 11111 Ilul? IiN1 76H Inu E O O •s 1'NI 11? lu1 191 Inu ?13_ IrnI 55 Inn E ~ ~f 11 61, 11 111? 1 1 913 ?rl 911 19 171 11111 10(1 SSA (11'1 Ii191 lu1 1119 11111 11117 10'1 1R1 Inn - ISIS IOU l6~u IINI 1991 lul?A1) 1110 .11An Ills IAII Inn Rug Intl 111? 100 I f. ISt~ IOA 1616 111n Il1u lu1 tlA9 lun ?J3 In11 113 lull •A le 1 IDl 1 lil 1 IIS I IlA 1 14F 1 11 5 45 ? 1- 0 0 O 'f u 1 n n n n u n 0 7 0 II '1 1 11 11 11 II 11 0 0 0 11 '1 1 0 u II n II r 0 A D n u 1 u u u n n 1 S 1~1>t l1,1A2 ly ?1,/19 Il 13,7J9 11 ?5.9119 11611116 1'I 1163 51 2986 20 MOS - AFTEII S;UII AM 1 I r ~ I REGIONAL MONTHLY FINANCIAL SUMMARY Current Current YTD YTD YTD Month Month Budget Actual Variance Budget Actual Variance Revenue Pass 30/20 Single TOTALS EXPENSE Hours Miles i Note: These financial figures are for the retional transit system only tININ/Np ~Il 11111 1l111t! 1~ iMIM11 ~ /IMAIr rlii111ir i1itN MiR Mr JYIII JI~1 11111111 1lHtlNtp KINK AIII~i Mtli111 gull IYMI KIYA< 11111!1 At11M IIIINI iL111A1 IIIIRI it1111f NIII[1 Atllli? IYI«1 ALIIIAI MIEI ACIIUI MIIMI At11M! IM41 AtgM N1111 pLl~ ~I ALIT INNI ttIMM f11~f Kf~ 'J ~ Il~lllt I,fN 1,111 I,fN 1,711 I,fN 1,111 111 117 f ! 17 H f lil 111 IN I,fN 1,711 ?,1N I,IN tIMA1t1 N IM IM 1N IN ))1 N 111 N 111 111 111 7N 171 111 N I1! 1ff N 111 11• I,Ii1 1,M1 G ItJ111>t tIk'li O 1.1. /11111A 111 ffl 1,71) 111 I,N1 111 711 771 1 • / 1 / 1 IM III 111 7fi 1,IN 1,111 IIM-A-ttM li/ I,Mf f/l 1,111 NI I,i11 f1f 111 / t 111 / 1M 1 / • 1N fN !N I,IM 1,111 •,li! 11161 li 161 1,161 1,110 I,Ni 1,111 1,611 I,h1 1,111 111 i ! 1 i / 1 111 NI I,Nf f,IJti i,Ml /,Ni tIU11N /rllll I,III I,N7 i,IN III 1,111 I,in M Iq 111 fi/ N/ 111 171 /7i Ifl M/ 171 !fl 611 111 1,6M I,NI 11,111 1,111 I X11 Nll lAl11Et 111 711 111 711 f6/ 111 111 111 1 t t 1 1 t 117 711 1/1 III 1,111 1,111 j 1 wn ~/IR! 1,111 1,117 7,111 1,111 1,111 1,1M I,qi IM t 1 h 1 11! / 1 • 1N IN I,IM 1,N1 N,11/ N,IIt 0 ~ I<r111[I 711 711 111 771 711 7n 111 111 t t i / 1 I 111 711 71/ 711 1,711 1,7x1 f •I~f1111 1N 717 111 117 1N 771 N 111 t / • / / / M II1 1M lif I,Ifi 1,111 O 1 1 (MILL/ IM IM IM IN IN IN I71 117 q I1 N N /I q H N Iy h 171 171 1M IM 1,111 fl/ 4 1 11141 1 lift H 71 11 i t N 0 L~ 111 111 111 ~/1 ?11 1,111 I,11f 1,•11 1,111 11,111 11,111 I,1M 1,111 111 Ili ql I,IM 1,111 1,fN If1 • Ifl / IM NI 1,111 1,111 1,111 /,l>• N,Ip f7,~1i , ~ o 0 ~ 1 0 o TRANSPORTATION SERVICES AGREEMENT THIS AGREEMENT is entered into on this day of November, 1991, among the Town of Avon, a Colorado municipal corporation ("Avon"), and the Town of Vail, a Colorado municipal corporation ("Vail"). R E C I T A L S 1. Avon operates transportation services known as Avon/Beaver Creek transit. 2. The parties wish to cooperate in the provision of regional transportation services as set forth in the regional services plan attached as Exhibit "A" and incorporated herein ("transportation services"). 3. The parties wish to enter into an agreement to set forth the terms and conditions for the provision of such services. AGREEMENT The parties agree as follows: 1. TERM OF AGREEMENT This agreement shall commence on November 15, 1991 and shall terminate on September 30, 1992. 2. SCOPE OF SERVICES The routes and hours of service are affixed to and are incorporated in this agreement as Exhibit "A". The same are prepared for budgetary and planning purposes and are not to be construed as necessarily limiting Avon. Should Avon wish to change routes and hours of service, Avon will consult with Vail. Reasonable suggestions by Vail will be considered. 3. RECONCILIATION AND FUNDING (A) Funding contribution by Vail. Vail will pay a cash contribution of $110,000 to operate the regional transportation services. Payments are due by the 15th of each month, beginning on January 15, 1992. Twenty (20) percent shall be due in January, 1992 and ten (10} percent shall be due each month thereafter. (B) Reconciliation. The participants agree to reconcile the transportation budget at the end of the term hereof as follows: (i) In the event of a surplus balance at the end of the term of this agreement, the remaining funds will be used by Avon to improve the condition of buses, if Vail determines to continue its participation for an additional term. If Vail determines not to continue its participation beyond September 30, 1992, then Vail's proportionate share of contribution shall be refunded. (ii) In the event that a shortfall occurs, or begins to occur, Avon reserves the right to modify, terminate, or 2 otherwise alter the scope of services in any way necessary to avoid such deficit. Avon will consult with Vail regarding such changes prior to their occurrence. In the event Avon determines that additional funds will be necessary to operate the transit system, Vail will be notified, and appropriate action will be determined by both parties. 4. OPERATION OF TRANSPORTATION SERVICES The day to day operation of the transportation services shall be the sole responsibility of Avon. Avon shall provide all employees necessary for the efficient operation of the system and, in addition, shall provide for the reasonable maintenance of all equipment utilized in the provision of transportation services as provided for in this agreement. All persons employed by Avon in the operation of the transportation services shall remain employees of Avon. Standards of performance, discipline of employees and all other matters incidental to the performance of such services and the control of personnel so employed shall remain with Avon. All persons employed by Avon in the performance of transportation services shall be paid directly by Avon, and no other party shall assume any liability for the direct payment of salaries, benefits, wages, or other compensation to such personnel. Avon shall be solely liable for the compensation or indemnification of any such employee for injury or sickness arising out of his or her employment. 3 5. BUDGET AND EXPENDITURE OF FUNDS (A) Avon shall submit to Vail an accounting of funds received and expended by it for each month during the term of this agreement by the 15th of each month. The reports shall be substantially in the form attached to this agreement as Exhibit B.. , (B) Avon shall submit to Vail its unaudited financial report for the operation of the transportation service during the term of this agreement no later than October 30, 1992. In addition, Avon will make available its annual audit. The expense of this audit shall be paid by Avon as an expense of operation of the transportation service. (C) Avon shall keep or cause to be kept true, accurate, and complete accounting records of all business and financial transactions conducted pursuant to this agreement, and shall make such records available to the task force or any of the parties upon a reasonable request therefore. 6. INDEMNIFICATION Vail agrees to indemnify, defend, and hold harmless to the extent allowed by law, Avon, its respective agents, officers, and employees of and from any or all loss,cost, damage, injury, liability, claims, liens, demands,action and causes of action whatsoever, including reasonable attorneys fees arising out of 4 the indemnifying parties intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. Likewise, Avon agrees to indemnify, defend, and hold harmless to the extent allowed by law, Vail, its respective agents, officers, and employees of and from any or loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of indemnifying parties intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. 7. INSURANCE Each party shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as such party may deem adequate and necessary to protect against any potential liability arising from this agreement. Further, each respective party shall name, subject to the approval of their insurance carriers, each respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. 5 8. MISCELLANEOUS PROVISIONS (A) Headings for convenience. Headings which appear in this agreement are for convenience only. They do not operate to define, limit or describe the scope or terms of this agreement. (B) Governing Law. This agreement shall be construed in accordance with the laws of the State of Colorado. {C) Severability. The invalidity of a provision, paragraph, sentence, clause, phrase or word shall not affect or destroy the remainder of this agreement. (D) Waiver. The waiver or a breach of any of the provisions of this agreement by any party shall not constitute a continuing waiver, or waiver of any subsequent breach by a party or another provision of this agreement. (E) Amendments. This agreement may be modified, amended or changed in whole or in part only by agreement in writing executed by all parties to this agreement. (F) Assignments. This agreement may not be assigned by either party without the prior written consent of both of the respective parties hereto . (G) This agreement does not and shall not be deemed to confer upon nor grant to any third party and rights to claim damages or to bring any law suit, action, or other proceedings against any of the parties because any breach hereof or because of any terms, covenants, agreements, or conditions contained in 6 this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. TOWN OF VAIL BY: TOWN OF AVON BY: 7 EXHIBIT A~ REGIOI~IAO_ TRANSIT SERVICES PROPOSAL 199 t/t 892 TRANSIT SERVICE PLAN WITH ' OPERATING ANO COST PROJECTIONS July 24, 1991 TABLE OF CONTENTS . Y.~Its SERVICE AL'I LFtNA I t~'Ls ItUU'GL• 1 ~.IC11~/rll[CJ KI,UIC h1u11 1 7CCllnwul I~lWu111Clllrlllell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . 2 ROUTk (iC/ICIYIIII;~I ItUl11tl MaN ~1'dchn?.:ul I~u~uulnuldliun ~ ROU'1't 3 Cione11u11e1:J 1<uuln Mrp . . . . . . . . . . . . . . . . . . . . . f TI~Cllnl.;al t)ucun?entrliun 0 ROU'i-t (~JrfIClYIItCII ituuto Mrp (~Iw- N'lll~l;l ? ) CenorrUtcJ Kuul~? Mrp (4b- WIIIIC/? ~ GenC1~I1tnJ Kuuld Mup (4l;-Sunlulel ? 9 Td~hnll;ri l)u~unlontwuun . . 10 COMPARA'fIVl: SCIt15111Y t51'IMA1 k , , i i COMM11"I'tr NUNl~llv(~ Itc:clllt.~1 , , , , 12 E ~ ~tauaa o 0 l T i ~ o l l E YI G1 ,r o ~ ~ T m G ~O O G p r • u 3 e ~ ~ TO ~ . uss Q - Q a A//n l uin ®e~ vsi Ci errk Red Cll// Winlerr Dei/y Peek Periods 3 Tiips Summer Deily Peak Periods 1 Trip e~dv/lle Route 1 L eedvi//s - Il~il rsouT~ { LEAUVII.LIr - 'All. L.ead~~llle~ Ited ('1~1(, Aliuluro, \'rll Service/OparYlln~ V?' 1111:1 $un?nlc, p¦ramelerf c'_~0 nom, Awl Service PerwJ I~a11y l)~Ily Pellk ParluJa I'1:~1. 1'ul ~uJ~ Round Trip 'l'imo (i I1 a) ) 3 Trips/D¦ y 3 I Vehicle Requiranlru~~ 3 l Service Hours/1)Ily y j TOlal Servicd flour I, tU) OOU I,y03 PaifOll~erl/11our 12 S/O (1 Total Patsen~err 23,1~y Revenue/Pellrell~nr S2 1) 12? Toul Revenuer So'/,203 C0~1/Service I lour :4 / 02 ~ Told Corl 39),)1) l~l Erllrilele~9 Sub?idy 3:~, l70 (1) E,lirtinM route NlvJuc~lvlly IJ, I~.IU prwonyal? Nat rorvice hour. Route produce/veey fur the ohi,d Irlp(429 rervlco wowr? U aY~~O 1® bo or?e-Third uj she e111y1~n~ produclivlly which a con:islent wish 1990/91 Ievela fur Minwrn and reflects .lyprcelly bvlrel prudul:livilier 1'ur asprrl.lad oalvweb. (2) Revenue ill IS+S?U/'JI fur the cunlUine/1 I.eaJvlllo rnd Minlurn services was eppru~linllllely f2.~1 per pessen~er. (3) TAe e,lirrln~ ~arvll;e Il~roenlo,ll l?o~weon I CJI~VIIIe Y111~ Avon InCluder S2S per >telvlCO 11(1Yr plot 110,000 for 2 lee>te vsA~CM~. Tie •rr¦n~emenl ,r r?a,un?o1f iu wn~lnuo wllh r 141? Inllw~wn fllclur yielditl0 en ¦verere core per rervlce Aour of s17 02 2 E l t ~ U R G ~ 4 ~ l T i ~ m o L L E V I G~ ~ o ~ ~ ~ ~ ~ ~ o o c ~ i • ~ ~ ~ ~ J- 70 - - \ . us s ~ -----p . _ . ~ A~fin/uin Bee vii C~ ddb • Hed ClJ// WJntar Deily Peek Pdriod 8 TiJps (Edward9) Winter Deily O/1-Peek l8 Tiip9 lEdwerd9) Summer Odily Peek Periods 4 Ti/ps lEdwsida) Summer Derlly 01/-Peek d Tiip9 (Beaver Creek) ~ eldvlll• ~ Rovte ? Edweid~ ~Beevei Ci®~~r~ - Vi/~ Kou•r~ s EDWARDy(HtA~'f+~lt ('lltEl:) - 'All, Edwards (Neavsr ('rrrl Arun, ~rtllr- ~'rll, ~'rl) (All Srrvlcs Vla US 6) Q ~I i T' Service/Operrriny M'inrur W'inlnr Summer Summer ~V I14Zjly~i,~,l (143 l)rYS1 (220 hrr~) 111;~11 A~y~l Sewice Period I)rlly I)~ily Urily arty 1'drA) liuura (A ~1 ? 13.3 Iluuri Pear Per,uJa Iluur• rVwrrJ?- Vr~l tJwrru>t-Vail Edwrrda- Vr,l aver rse?- rl ROUnd Trip '1'rmn (I 1, a) I) 1 1 1.3 1 Headway (Mine) 3U CIS - 00 Trips/Day a I tl 4 tl VOhICIe ISOqulrenlui~ls ~ 2 1 ~ N/A Service Nouri/1)ry 5+ ?1 d d Total Service Ilour? 1,30> ),'111 1,320 I,a 940 L•aaNnftart/Your I S: 1 7.451 (I) 3.07 (2) j 1 Total P~ooansero 19,tl4S1 351,)23 6.692 ~ I 00, Rtavenue/Pausn~ar f l )3 31. i3 f 1.00 (3) f l 00 Total Revenueo 326,35+51 3!51,000 56,424 i ,2t f l0 73 CO.1/SOrVlctl Iluur 34~ d) SJ4 tl~ f44.tl~ ~ a) T®ea! C®ol fS~,'OS 3113,309 ~ f39,1 ~e 2,1o i 3, 0 Eatimaled Subsidy 132,104 3136,309 532,41<4 SA,47~ 79.3 (1) Two-Ihirds of the service Fours opertllo tll y.l passengers/hour and one-IAlyd of the service hours operate al I.1) patten0en/~. (2) Pataenfer produ~~rvrly ic,r summer ssrvr~e is Irssumod to be one-tAird Of the produclivrliea observed is IAO w~nler. (3) Revenue per pruontler 1'ur surrlnltlr service Is ra~umed to be three-fourtAs of Ilse revenues observed in IAO wrnrer dw ~o a bwtr proportion of full Irrd riJcr?. M E~t•UAG ~ O.l r i ~ ~ o 0 LtEVI O1 h~ o g ~ b ~ ~ ~ C ~ o G o ~ • ~ ~ ~ ~ ~ /-10 - - - - - - - U~ 4 ---~_-..._..__f_ ~ AO/r~/uin Bsnv~r Cr bdw Rid Cil1// Wlnler Deily Dey/onp 44 T~ip~ (p/u8 Aupmenletionl L •~dvl//~ Route 3 Bee voi Ci®ek - Viil ROUTE 3 BEAVER ('NlEt; - 'All. asavtr Crss4, Avuu, ~'r/II (All 5Cf1IC~1 ~'Ir 1-7U) SetviCS/Op~rrtin~ Winicr Winer Sumn~Cr Panmelera /lq,~„j,~tt IIgS Q,~yi1 f~Q rY~1 ~jApy~ Service Period Drily Uaily Nu Service 1'ta?k l'CrwJe Off-Perk 0 !lours 10 hours ROUnd Trip Tuna (11??) I 1 Headway (Mina) l ~ 3U Trips/DaY 2q 20 Vehicle Requiramriiu 4 2 SerViCe HOUri/DMy 2q 20 Scheduled Service Ituur~ S,gtlO 2,900 6,SA0 Augmentation Servres Iluurr 1,4aU - 1,140 (1) Total Service Iloura 4,920 2,900 7,A20 PatuenSer:/Hour 19 tl• Total Pttt~en`er~ 133,462 Revenue/Pasren~er f 1.33 Total Revanue~ 1200.704 Caaat/Sorvico lluur S44 Sj Total Cost =330,371 i£aldenaled Subsidy tlgl,S07 • (1) Austnentation ~srvrco rol•nr~ to tho unscht:dultld re~pon~e to peak paisen~er demands rn wAich the remainrn~ vsArclss are pW is service at naedad. Uvor the pock aea~on autlntentation service is expected to require 4 buses operatinS 4 Aoun per day !w 71 day, and 2 burdi ut?srrtin~ q hums t~sr Jry fur un r~IJ~~wnrl 30 .1rys. FUNDING ALLOCATION ti/1/011 OPERATING X SERVICE SUB810Y BUOGET LAKE CO./ qED CLIFFS 6EAVEA AEAVICEd EIrIPI. HOURS EeT. EBT. (1~_. IEADVILIE ~AINTURN EAGLE CREEK AVON VAIt COIMfTY ...................---.W.:._.._....•.._......_..................................... 525000 Yw , P••k 100 0°,6 1086 524370 526000 Wlnl•r, P•~k 100 US6 1306 432104 533000 518600 ~ t s5oo Wlat•r ON•P••k 36.4'1 3016 1136600 1138600 567000 124750 124760 128250 628?60 . 6wm?•t, P•~ 100 0`K 1320 16246+1 162600 WIM•r, O•y Lon~~. .•.••..t•2.3Si, .....••76ZO..y.. .143607. ..!..141000.. ~ -Y-N•-•w••.•••`• 1128000 -_-•_So000V BOOM 8UB•TOTALS 16325 1360274 1301000 i0 ~ t0 i0 5?13000 176500 1101600 i0 (FYY 136000 120000 .f6500 lA500 TOTALS 1476000 50 10 i0 5?33000 563000 it 0000 ~ ~ ..............x...........~. .:...,..1i....:;_...... ...........100,09 .............0:0!7. ._.I.___-••~:~ .............~:~X~.............,.1051L .............?6.~ OTHER BERVICB• _ ~ 8urtwn•r, 0A•Pwk ^18.6'x• 1100 156478 156500 WIM•r. P . •.w loo.o~c 12e 1472Y 15000 W4M•t, P•ak r 100 096 853 Y ••.132861_ •-133000 ~ ~ _.W~_...W ~r 8unwn•r, P•aM 100.0% 500 120016 121000 ~ r.... _ ' ~ _ ..~~~...~!!~!I...eellnl•1••... •r• round•d...vlu••.,,of mlh•....•ub•Id.Y,. ••llm•Iss EXHIBIT B DIVISION OF ~ RANSPORTA ~ ION MONTHLY SERVICE SUMMARY Through June, 1991 For Avon/Beaver Creek Transit MONTNI.Y RIDERSHIP SUMMARY 91_92 YTD 90-91 TOTAL . AVON UCT. NUV. UEC. JAN. FEB. MAR. APRIL MAY Jl1NE JULY AUG. SPET. Before 8-91 Before 8-9U After 8-91 After 8-90 BEAVER CREEK LOT Before 8-91 Before 8-9U After 8-91 After 8-90 CREEK RT -91 CREEK RT -90 MT. RT -91 MT. RT -90 D.A.R. -91 D.A.R. -90 INTRA VILL -91 INTRA VILL -9U REGIONAL Leadville -91 Leadville -90 Hwy 6 -91 Hwy 6 -90 1-70 -91 I-70 -90 Eagle -91 Eagle -90 Total -91 Total -90 ,A~ • rY~ ~ r 14'lu '91 f1N'Illrll At 1'IIU.INI III NIOfNt111V 111151 IIOr. 011. JAN. I I N. 1415. AVN. ?ur JANE JIII r Allfi. SEVI . 111.1 . . 1 f 1 I / 1< I l I ~ 1.. x x I X/ 1/ 1 IUTAI f1~1 11 1)I~ 11 17SA 9 17u? 9 !6116 R Iu9A lU 4N I6 IOS~1 11 S11? lu 4199 lu 4?71 In 5l/ S 49 5 H10 11 blll6 9 tlAl? 11 91~?) II 1'196? 1? 11/:i A 4411 57 1550 3J lee 100 1»I IINI IS9u lui IiHR Inu lun7 luu ?6H luu 0 0 M IrNI 17? lug 194 luu ?I] Irl~l S5 I~~u 11 111 17 In?1 1 917 ?'1 91/ 19 171 11111 100 SS) 1110 Io91 lug 1119 11111 In47 Iu0 754 I~u1 / 111! IOU !6)o IINI ?994 IUI '1547 luu 71Au luu IAII luu Aug lllrl 1?4? 100 ' 1lt~ IOA 1616 11111 171u l u~ 589 l u~? ? l l I nu 1 17 l uu 14 1 107 1 111 1 IIS 1 17fl i 14b 4 14 5 45 ? 0 0 A q u ~ u n n rl u n 0 7 0 11 u I u 11 U u 11 1 0 0 0 u u ~ n n n n n ~ 0 n n n u ~ u u 11 n u 1 1)1! ti.lf/t ly 7/,419 I) ?1,7.19 1? ?b.9u9 11 Auu6 I'~ 1?67 5) ?986 211 1 11f rEl1 e:llll AM 1 RE610NAL MONTHLY FINANCIAL SUMMARY Current Current YTD YTD YTD Month Month Budget Actual Variance Budget Actual Variance Revenue Pass 30/20 Single TOTALS EXPENSE Hours - Miles Note: These financial figures are for the retional transit system only i d t> t 1 i . , IIw111wa au1 IIMn ~ Ilwul Irr1 wn IMMI? IIMIr MKM Mull Mr 11A11 IMt WIY11 N1it11l1 RIw11 •111 MUn11• 111• QMI KIIII IIMIII •Clwl MMI KIIML SKI /(IIN IIAMI ACIYK Mlfl •[IIIK MKf KIMAI MKI KIMAI MKI KIM Mtl A[I~ Nlwl KIIIr Mrl 111111 N~1 KID A Mull I,1N I,1M 1,11• 1,111 I,IN 1,111 111 111 f 1 1• » 11 !1 f 1.1 111 W 1,711 1,1.1 l,1M /,1N G MIm N IM 1N 1.1 IM 111 111 M 1•I 11• 1N qi 1M N 1» »1 tt 1•• 111 1,11• l.NI ~we1 III O I,r, Mull NI 111 I,NI NI I,MI wl 1M 111 • • • • • • IN 111 Nl 11• I,IM 1,111 Nr-I~IM IN l,Nf /lT l,N! IN 1,111 IN II• • • 111 • 1N • • • IM 111 111 1,IN 1,111 1,111 0 /!!IW 111 1.11! 1,111 1,1M I,/11 I,11/ i,iq I,MI 111 • • • • • • tM MI I,IN I,/J• /,rl I,IM , pllllr MINI 1,111 1,•q 1,111 Ili I,1?1 1,111 111 fq NI I11 MI ill I1/ 111 111 M/ 111 111 1/1 111 1,1M (,NI I1,IN 1,11• o , IMIt ~ ' pll IR/lq 1M Iff 111 /N 111 111 fll IIr • • • • • • 111 111 111 ill 1,111 1,111 1 1 •Il M11U 1,111 i,lq 1, MI 1,111 1,111 1,1M I,ql IM • • 11 • 111 • • • IN /M I,N• I,MI 1•,NI 1•,111 0 0 !MI IR11[I f11 »I Ir1 11• 111 !r 111 III • • • 1 • • 111 111 111 111 1,1'11 I,lw MQNI 1w IU 111 111 1M 111 M 111 • • • • • • M ill NI /lf 1,111 I,1N 0 t 1 IMIIW IM 111 IM IM IM IM 11• 111 Il q N N q I! q N h h 111 111 IM IM I,1M I. 0 l MINI 1 /Ml1 I1 71 11 Il M 0 •1/r tM Il• !lf 111 111 0 t /1! f N! 1,111 111. 1. 111 1.111 / }M 1 11• IH 111 /11 1111 1 1 fM 11• • If! • 111 NI 1 •N 1 Y1 / 11• • N 1» •i,W ~ 0 ~ rf i I o i r t .E F;P:. O r t L,, ~ W November 15, 1991 Meg Lindsey, Oil and Gas Coordinator White River National Forest United States Forest Service P.O. Box 948 Glenwood Springs, CO 81602 Re: White River National Forest Oil and Gas Leasing Analysis Dear Ms. Lindsey: The Vail Town Council and the Vail Planning and Environmental Commission have listened to presentations by Bill Wood and Rich Phelps regarding the preparation of an environmental impact statement for oil and gas leasing in the White River National Forest. The Town appreciates the opportunity to comment on the proposal during this early scoping session, and we do recognize that additional opportunities for comments will also be provided in the future. Pursuant to a recent conversation with Mike Spencer, it is the Town's understanding that no oil. and gas leases will be made available within the general area of the Vail Valley. The Vail Valley would include the I-70 corridor through the Town of Vail municipal boundary and the general area bounded by the ridge tops on the north and south sides of Vail. It is also the Town's understanding that there would be no oil and gas leases within wilderness areas or for any area which has a slope greater than 60%. Additionally, no above-ground improvements would be allowed within the permit boundary of the Vail ski area. However, directional drilling would be allowed within the ski area's permit boundary. The Town is aware that the final environmental impact statement will not be completed for approximately one year. However, the Town of Vail would like to go on record as identifying the following concerns and issues which we believe are relevant to the Town: 1. Generally, the Town would prefer not to see any oil and gas exploration in the immediate vicinity of the Town.. We believe this to be an incompatible use, and a conflicting use with our tourist-based economy. United States Forest Service November 15, 1991 Page 2 2. Vail's watersheds are an extremely important asset to our community. If any oil or gas leases are approved in the Vail Valley area, the Town would suggest generous setbacks from all rivers, creeks, wetlands and tributaries which contribute to Vail's watershed. 3. The Town has concerns regarding the potential for the construction of new roads within the National Forest. The Town recommends that a condition be placed on the approval of any oil or gas lease such that, for exploration purposes, only existing logging roads shall be utilized. We strongly recommend that no additional roads be approved for construction. 4. The Town suggests that any approved oil and gas leases be closely coordinated with the Division of Wildlife, so that any oil and gas lease boundary would not include a critical wildlife area. 5. We are concerned about the noise impacts associated with an oil or gas drilling rig. ' 6. An overall concern is in regard to the potential for "visual pollution." Further review would be necessary to determine the extent of the visual pollution once the Town is fully apprised of the scope of any proposed project. Night lighting of the drilling pad area is also a major concern. 7. The Town recommends that any oil or gas lease located in the White River National Forest be fully bonded to ensure that proper cleanup and restoration of the area is completed. 8. The Town has serious concerns regarding the by-products which can be associated with the drilling for oil and gas and how they are handled. Our ' understanding is that some of these unwanted by-products would be considered "contaminated" substances. In summary, the Town of Vail recognizes the multiple use nature of the White River National Forest. However, because of our recreation-oriented, tourist driven economy, and the potential for oil and gas exploration to impact the Town of Vail, we would like to go on record as being philosophically opposed to any oil and gas leasing in the immediate Vail Valley area. . United States Forest Service November 15, 1991 Page 3 Thank you for contacting us very early-on in this scoping process and allowing us the opportunity to comment on this project. If you should have any questions or comments, please feel free to contact Mike Mollica, Assistant Director of Planning, at 479-2138. Sincerely, Kent R. Rose Diana Donovan Mayor Chairperson Planning and Environmental Commission MM/ab cc: Bill Wood Rich Phelps Town Council Planning and Environmental Commission Ron Phillips Kristan Pritz VAILTOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 19, 1991 7:30 P.M. - IN COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Consent Agenda. A. Ordinance No. 43, Series of 1991, second reading, an ordinance amending Chapter 18.04, Definitions, of the Municipal Code of the Town of Vail by the addition of Section 18.04.277, setting forth a definition for plant products; by the addition of Section 18.04.289, setting forth a definition for "Seasonal Plant Product Business"; amending Section 18.30.030, Heavy Service District Conditional Uses of the Municipal Code of the Town of Vail by the addition of Paragraph T, Seasonal Plant Product Business; and setting forth details in regard thereto. (Applicant: Richard Dilling/VNest Vail Texaco). B. Ordinance No. 42, Series of 1991, second reading, an ordinance authorizing the issuance of Town of Vail, Colorado Sales Tax Revenue Bonds, Series 1991; providing the form, terms and conditions of the bonds, the manner and terms of issuance, the manner of execution, the method of payment and the security therefor; pledging a portion of the sales tax proceeds of the Town and the net revenues derived from the Parking Facility for the payment of said bonds; providing certain covenants and other details and making other provisions concerning the bonds and the designated sales tax revenues and net revenues; ratifying action previously taken and appertaining thereto; and repealing all ordinances in conflict herewith. C. Ordinance No. 44, Series of 1991, second reading, an ordinance amending Ordinance No. 29, Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989. 3. Ordinance No. 41, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 28, Series of 1991, to provide changes to Area A requirements of SDD No. 4 that concern the development plan for Millrace IV, Scenario I, a/k/a Cosgriff parcel; and setting forth details in regard thereto. (Applicants: East-West Partners/Commercial Federal Bank/Cascade Village). 4. Ordinance No. 46, Series of 1991, first reading, an ordinance amending the Plan Document of the Town of Vail Employees' Pension Plan; and setting forth details in regard thereto. 5. Resolution No. 20, Series of 1991, a resolution authorizing the Town to invest its surplus funds with other government entities in JEFFTRUST; and setting forth details in regard thereto. 6. Resolution No. 22, Series of 1991, a resolution approving the Streetscape Master Plan for the Town of Vail; and setting forth details in regard thereto. 7. Action on Council Employees' Compensation. 8. Adjournment. C:IAGENDA.TC T 1 . VAIL TOWN COUNC,.L ~ ~ REGULAR ME-EYING n <G ~ I s TUESDAY, N EMBER 19, 1991 7:30 P.M. - f COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Consent Agenda. A. Ordinance No. 43, Series of 1991, second reading, an ordinance amending Chapter 18.04, Definitions, of the Municipal Code of the Town of Vail by the addition of Section 18.04.277, setting forth a definition for plant products; by the addition of Section 18.04.289, setting forth a definition for "Seasonal Plant Product Business"; amending Section 18.30.030, Heavy Service District Conditional Uses of the Municipal Code of the Town of Vail by the addition of Paragraph T, Seasonal Plant Product Business; and setting forth details in regard thereto. (Applicant: Richard Dilling/VVest Vail Texaco). B. Ordinance No. 42, Series of 1991, second reading, an ordinance authorizing the issuance of Town of Vail, Colorado Sales Tax Revenue Bonds, Series 1991; providing the form, terms and conditions of the bonds, the manner and terms of issuance, the manner of execution, the method of payment and the security therefor; pledging a portion of the sales tax proceeds of the Town and the net revenues derived from the Parking Facility for the payment of said bonds; providing certain covenants and other details and making other provisions concerning the bonds and the designated sales tax revenues and net revenues; ratifying action previously taken and appertaining thereto; and repealing all ordinances in conflict herewith. C. Ordinance No. 44, Series of 1991, second reading, an ordinance amending Ordinance No. 29, Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989. 3. Ordinance No. 13, Series of 1991, second reading, an ordinance amending Section G of the Vail Village urban design considerations relating to the protection of a view or views within the Town of Vail and creating a new chapter of the Municipal Code of the Town of Vail to provide for the protection of certain views within the Town; and setting forth the details in regard thereto. 4. Ordinance No. 41, Series of 1991, first reading, an ordinance repealing and reenacting Ordinance No. 28, Series of 1991, to provide changes to Area A requirements of SDD No. 4 that concern the development plan for Millrace IV, Scenario I, a/Wa Cosgriff parcel; and setting forth details in regard thereto. (Applicants: East-West Partners/Commercial Federal Bank/Cascade Village). 5. Ordinance No. 46, Series of 1991, first reading, an ordinance amending the Plan Document of the Town of Vail Employees' Pension Plan; and setting forth details in regard thereto. 6. Resolution No. 20, Series of 1991, a resolution authorizing the Town to invest its surplus funds with other government entities in JEFFTRUST; and setting forth details in regard thereto. 7. Resolution No. 22, Series of 1991, a resolution approving the Streetscape Master Plan for the Town of Vail; and setting forth details in regard thereto. 8. Adjournment. 9 tr~-s FROM THE DESK OF - JiM MARSHALL~~ 1 NJ•~ ~ ~ ~ G . U~ P ~ ~ , ~