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1992-11-03 Support Documentation Town Council Work Session
aft , VAIL TOWN COUNCIL WORK SESSION TUESDAY, NOVEMBER 3, 1992 7:00 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. Raview of Loader Bids Received by the Fleet Maintenance Department. 2. Information Update. 3 Council Reports. 4. Other. 5. Adjournment. 4444444444444444444440 /~UU THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 11/10/92, BEGINNING AT 2'00 P.M. IN TOV COUNCIL CHAMBERS. l THE TUESDAY, i 1117192, VAIL TOWN COUNCIL WORK SESSION / WILL BEGIN AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING ~ WILL BE ON TUESDAY, 11/17!92, BEGINNING ATO P.M. IN TOV COUNCIL CHAMBERS. ~c,~~~ ~ 4444444444444444444444 - - - - - - - I - - C:IAGENDA.WS - - VAIL TOWN COUNCIL WORK SESSION TUESDAY, NOVEMBER 3, 1992 7:00 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:00 P.M. 1. Review of Loader Bids Received by the Fleet Maintenance Larry Grafel Department. Action Requested of Council: Approve/deny expenditure of funds to allow early purchase of equipment. Background Rationale: The Public Work's staff obtained permission from Council during the 9/29/92 budget meeting to solicit bids for the purchase of a loader. The loader is scheduled to be purchased with 1993 capital funds. Since this piece of equipment is vital to the snow removal operation starting this season, staff is asking Council to approve the allocation of funds to acquire the equipment as soon as possible. Staff Recommendation: Approve the expenditure of funds to purchase loader in 1992. 7:15 P.M. 2. Information Update. 3. Council Reports. 4. Other. 7:30 P.M. 5. Adjournment. 4444444444444444444444 THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 11/10192, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE TUESDAY, 11/17/92, VAIL TOWN COUNCIL WORK SESSION WILL BEGIN AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING . WILL BE ON TUESDAY, 11/17/92, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. 4444444444444444444444 C:WGENDA.WSE - r town of nail 75 south frontage road vall, Colorado 81657 (303) 4742162 department of fleet maintenance WHEEL LOADER BID OPENING OCTOBER 16, 1992 2:00 PM 1. ELLEN EQUIPMENT CASE 821 $118,633 2. POWER MOTIVE DRESSER 532, NOT TOTALLY RESPONSIVE $121,985 3. HONNEN EQUIPMENT JD 644G $126,841 4. WAGNER EQUIPMENT NO BID r ~ M1~ TOWN OF VAIL ~ 7S Soutb Frontage Road Department of Community Development Vail, Colorado 81657 303-479-2138!479-2139 October 19, 1992 Mr. Robert W. Galvin President, East Village Homeowners Association 1303 East Algonquin Road Schaumburg, Illinois 60196-1065 Dear Mr. Galvin: Thank you for your letter expressing your concerns about preserving views. I will try to address the points raised in your letter. Concerning the Christiania, the Town had not approved the Frivolous Sal's View Corridor Ordinance at the time the Christiania proposal was submitted nor by the time they received the building permit. Discussions on both projects throughout the reviews included a "grace period" provision. This provision would have allowed some type of construction of the Christiania regardless of the timing of the view corridor approval or the Christiania approval. Ultimately, this provision was dropped from the version of the view corridor ordinance that was finally adopted. This was due to the fact that a building permit had been issued and the provision was no longer relevant. During the review of the Christiania, their project architects worked with the Town staff, Planning and Environmental Commission, as welt as the Council to minimize the impact on the view which you are concerned with. The impact to the view was discussed in several public meetings and the staff has put together a chronology summarizing each of the hearings. We have enclosed that with this letter if you would like to understand it in more detail. Concerning the East Village View, the Council did review the proposal at a work session on November 12, 1991. i believe your representative, Jim Lamont, was present at that hearing. Staff notes form that meeting indicate that the Council was concemed that the proposal did not reflect enough of a public interest. During the development of the view corridor ordinance, specific procedures, submittal requirements, and criteria were developed to address this issue. • Page Two Galvin October 14, 1992 - The ordinance is enclosed for your review as well as an application. If you decide to reactivate your view corridor request, please complete the application, providing all of the required submittal information and return it to us. The Town of Vail staff plans to begin a view corridor study during the winter of 1993. Assuming Council funds this project, we will be evaluating views around the town. We will be happy to make the East Village Homeowners Association aware of this project, and invite their participation in it. If you would like to discuss this further, please call either of us at 479-2138. Sincerely, ' ti f~ Kristan Pritz Director of Communi Development Andy Kn sen Town Planner cc. Vail Town Council Ron Phillips Christiania Lodge and View Corridor Adoption Summary September 23, 1992 The proposal to construct a fourth floor on the Christiania has been presented to the Town several times. There have been four distinct proposals, with some overlap between them. The first was submitted in 1987 and was never built. This is called out as A in the summary and the extended chronology. The next, called out as B, was tabled indefinitely and then voided by the Town. The next, C, was approved by the Town but not built. B and C had two different iterations to them-- one for PEC that involved variances and one for DRB which met "by-right" zoning standards. The last proposal, is the one under construction and was approved as an SDD in i 992. A. May i 1, 1987-- PEC Approval of Christiania. Height: 40'6". This addition was never built. B. 1. Nov. 26, 1990. Pec work session on Christiania. Height: 43'. Tabled indefinitely. 2. Dec. 19. 1990. DRB approval of Christiania. Height: assumed to be 43'. Eliminated variances needed from B(1) proposal. Feb. i 1, 1991. First presenta~=~~., +c~ PEC regarding view corridors. C. 1. March 6, 199 + _ ~':3 approval of Christiania. Height: assumed to be 43'. March 11, 1991. Second P~ hearing on view corridors. March 19, 1991. First Town ~our~cil worksession on view corridors. 2. r~~.pril 8, 1991. PEC approval of Christiania. Height: 43'. May 7, i99i. Council passes view corridor ordinance on first reading. Nov. 12, 1991. Council worksession on views. Feb. 4, 1992. Council worksession on View Corr.~riar #1. Spring/Summer 1992. Ongoing meetings with View Corridor Task Force. D. April 21, 1992. Christiania SDD (#28) approved by Council, second reading. Ordinance Number 8, Series 1992. Height: 44'. Currently under construction. August 4, 1992. Final View Corridor Ordinance passes second reading. Ordinance Number 18, Series i 992. c:~al~,anw~view-a,r { 7 CHRISTIANIA LODGE AND VIEW CORRIDOR ADOPTION CHRONOLOGY 1987 A May 11, 1987 Addition approved for Christiania for 4th floor at 40'6". This addition was never constructed. 1990: B(y) Sept. 4, DRB Application filed for Sept. 19, 1990 meeting. B(1) Oct. 8, 4 PEC worksession density and setback variances. Since item was reviewed by the PEC as a worksession item, and since there is no advertising requirement for work session items, item was not advertised. Height: 43' Nov. 2, JK -phone call from Jack Curtain inquiring as to what is going on with Christiania. B(1) Nov. i2, PEC worksession on density, setback and common area variances Nov 19, JK and KP and Jay meet Jack Curtin in front of Frivolous Sal's to take a look at View Corridor from photo point Nov. 21, Note: First documented mention of View Corridor encroachment is above mentioned letters TOV receipt of revised elevations from Bill Restock showing how bldg plan has been modified to decrease impact redevel. will have on proposed Hanson Ranch view corridor B(1) Nov. 26, PEC worksession on density, setback, common area and parking variances. First discussion of corridor by board. Discussion centered on View Corridor, Density & parking B(1) Dec 10, PEC - no discussion item tabled Indeftnltely to allow time for resolution of parking lot ownership and parking rights issues. B(2) Dec. 19, DRB consideration of Christiania redevelopment proposal item was approved subject to several conditions including Town Attorney's legal opinion regarding zoning code issue raised by Art at the meeting. Dec. 28, TOV receipt of letter from Art. Appeal of 12/i 9 DRB approval. Town determines Art's objections to Sections 18.64.050.8 and 18.54.040.0.2 are valid. Accordingly DRB 12/i9 approval Is void. (Project B(2)) 1991 C(1) . Feb 11, DRB application filed for March 6 meeting Feb. 11, First presentation to PEC regarding the request fo establish an additional View Corridor, and to modify the wording in the existing View Corridor Ordinance. C(1) March 6 DRB meeting -Christiania is approved 4-0. Those present include: JK,Lany, Bill R., Art, Paul Johnston, Jay and Peter Rudy representing East Village Homeowners Assoc. (Assoc. not formally established at time of this hearing) 1 . March 11/91 Second work session with PEC regarding view corridors. In the memo to PEC, staff discussed a "grace period" for the proposed ordinance. The memo to PEC dated March i 1, included the following paragraph: "Before this view corridor is established, it must be considered by Town Council twice and adopted by ordinance. Staff believes that this addition to the code be treated similarly as other code changes. There should be some kind of "grace period" for developers to pull building permits for projects designed under the cun'ent regulations. Staff proposes to use the same process that was used for the recent code changes limiting the number of wood burning fireplaces. Once adopted by the Town Council, staff proposes that there be a slx week period for individuals to present a complete DRB application for projects tha? v~ould otherwise encroach into View Corridor Number 4. Approval of the project by DRB or any other board, is not needed. The complete application subnk7~`~rl is a/1 that would be necessary. " Notes from that work session in the staff files indicate that the PE? ~:esired the view corridor be revised to reflect all construction projects which had been; applied for during the six week period. Once the projects which had been submitted during the grace period had been built, the PEC said chat staff should reviss the photographs and locate the corridor boundary around the recently completed construction. The approved minutes from that work session state the following: "Kathy Langenwalter asked that Christiania, if built as approved, would c °:~roach into the view corridor, and then be encouraged to be removed di a future redevelopment. Kristan Pritr responded by indicating that when staff formulated the view corridor proposal, they ?~=~•a°e trying to find the best possible view without looking at the Christiania ~~roject specifically. Kathy Langenwalter indicated that she understood the reason why staff recdmmended the corridor follow the roof lines, and 1:~;ieved that the Christiania proposed roof line should determine the ~~~.:~w line when built. 'Kristan expressed her concern that, if the ~:<~5ristiania redevelopment was used as the boundary of the corridor, the :~>ult could be that the corrl~ior ordinance would be unnecessarily delayed....Kathy continued by saying that she was comfortable with the staff's recommendation with the provision that the corridor be re- photographed after the Christiania expansion was comp/eted....Kristan Pritz suggested the commission approve the con-idor with the provision that staff would amend it after the construction of any building or addition, submitted to DRB during the grace period, was completed. This would allow for the establishment of the view corridor without delay. " C(2) March 11, Variance application submitted for remodel of lobby and 4th floor. C(1) March 19, Town Council review of appeal of DRB decision March i9, Staff presented proposal to 'own council at a work session. In the material submitted to Council, staff specifically identified the grace period concept. This term is used in the Council Agenda Request. C(2) April 8, Variance request approved by SEC. Height 43' April 22/91 Final PEC hearing, for tl;e formal recommendation to Town Council regarding the proposal to amend the Zoning Code. The ordinance attached to the memo stated (on page four): "the legal description will be written after proposed development has 2 - , either been constructed or the approval for such development has expired. This provision applies for all development projects which have received DRB approval as the date of the second reading of this ordinance. " This paragraph was inserted after a heading titled, "View Point 4" All other view corridors at this point had metes and bounds, legal descriptions, which had been taken from the previous ordinance. May 7/91 Town Council approves proposal on frrsf reading. Staff explains the legal description for the Christiania will be based on the existing ridge lines but that this cannot be done until fall. This is because the aspens around the Christiania prevented surveyors from identifying the exact ridge line and exact meets and bounds survey line. Staff suggested that the second reading be presented in fall after the leaves had fallen. The Christiania could have built the project as proposed. C(2) June 5, DRB approval of variance project Nov 12, Staff returns to Town Council for a work session to discuss the proposal. The leaves had fallen and staff was working with Eagle Valley Surveying to generate the metes and bounds legal description. Before bringing it back to Town Council for second reading, staff wanted to tie up some loose ends. These included responding to proposal from Jim Lamont for a new view corridor in the East Village area as well as specifying a way to handle the Christiania issue. Flom a memo from Community Development to Town Council, the following information was stated: "During a discussion during the first reading, Council directed staff to write a legal description for the Christiania which would accommodate the proposed addition. Staff had originally stated in the ordinance that the legal description would be written after the Christiania expansion was completed. Around the time of first reading, it became apparent that the Christiania expansion would not occur during the summer of 1991. As a result, Council directed staff to write a legal description in such a way that it would allow the addition to be built in the future. Staff has discussed this idea with Kurt Segerberg, the architect who designed the expansion, and Dan Corcoran, the surveyor doing the work during this view corridor work. When staff walked the site (and root) with both gentlemen, it was determined that it would be extremely difficult to write - a legal description based on a hypothetical ridge line. It would require up to a dozen individuals standing on the existing Christiania holding poles at certain heights, at certain locations, representing the proposed roof. The fact that the proposed ridges do not line up with the existing ridges complicates the situation. Furthermore, the existing roof is a standard shed while the proposed roof is a combination of shed, flat, and parapet. It is hlg'hly unlikely that the proposed legal description would be accurate based on the dozen or so points reflecting different kinds of roofs, elevathd-certain distances above the existing roof. Staff is proposing, instead, that Council adopt the proposed view corridor based on the existing ridges of the Christiania with the understanding that the addition could be built per the approved plan. The language in the proposed ordinance for second reading specifically states that the development proposals which have been approved at the time of the second reading of the ordinance may be built Paul Johnston, the applicant on the already approved Christiania expansion, would be responsible for keeping this approval current. DRB approvals expire one year after the approval. Similarly, a variance approval expires one year after the date of the PEC approval. Applicants may request, in writing, extensions of these approvals, and the Town, in most cases, has granted the extensions. Paul would have to take the 3 ~.A~~ ' responsibility for extending the approvals until construction. After constru~.~tion, the Twn would have to rewrite the legal description for this corridoi Staff believes this is a much simpler way to adopt the corridor and, at the same time, allow the Christiania addition. It is staffs understanding that there is Council support for allowing the Christiania expansion to take place. It is just a matter of identifying a process for adopting a view corridor which allows the expansion. The issue of the Christiania roof is, in staff's opinion, the only policy decision that staff needs input from Council. All of the other changes which Council directed staff to make have been incorporated into the ordinance." Months of Dec. 1991 and Jan. 1992 Staff works with Public works and Eagle Valley Surveying crews to install monuments and have a legal descriptions written. 1992 D Jan. 27/92 SDD application submitted Feb. 4 Staff present detailed analysis of View Corridor lYumber 1 to Town Council. The purpose of this was to have the Council approve a revised boundary to accommodate minor~additions made to buildings in the Village since the view corridor had been adopted. ' C(2) Feb 24, Extension of 4-8-91 PEC approval requested by Paul Johnston Feb. 25, Council work session. Staff presented a variety of issues to the Council for their input. Among these was the effort to determine an appropriate length of time for 'I?e "grace period." Since Council, PEC and DRB decisions all involve different ..eriods of time for construction of approved plans, Council needed to determine an appropriate amount of time for all three types of reviews regarding the grace period. Section 18.73.070 Exemptions was discussed at length. At the time, That section read as follows: "AoAroved devefa~^~~ntµrd proposals which encroach Into view corridors. For e~`~:~a:ra~~rrt~=~~;F proposals which have received approvals from the Towr of 'r'a', tut have not received an approved building permit as of the effective date of this ordinance, which encroach info an adopted view corridor, the applicant shall be able fo renew their approval notwithstanding the provisions of this ordinance. For PEC decisions, the approval can be renewed once. For DRB decisions, the approval can be renewed two times. For Town Council decisions, such as the special development district, the approval shall not be extended. if, for one project, the length of time resulting form the extension of PEC or DRB approvals differ, the shorter length of time shall be the maximum time allowed. If an approval lapses, the right to construct the development shall become void. Renewals can be made, notwithstanding the provisions of this ordinance, providing there is no substantial change to the structure, and provided there is no increase in portion of the structure which encroaches into the view corridor." D March 9192 Work session with PEC March, April, May, June, { I ' -4 July, Ongoing meetings with the V/ew Corridor Task Force put together by Krfstan and Andy. D March 23/92 SDD reviewed by PEC, PEC recommended approval to Town Council D April 6, DRB application submitted D April 7, First reading at Town Council D April 21, SDD approval at Town Council. Height 44' April 22, Met with View Corridor Task Force C(2) May 28, Extension request withdrawn by Jay Peterson May 27, Met with View Corridor Task Force As of this meeting, the section on Exemptions was still a part of the ordinance. y June 30, Met with View Corridor Task Force Month of July During this month, staff deleted the section on Exemptions, since there were no projects within the Town of Vail which had been approved, which would have encroached info a. view corridor, for which a building permit had not been issued. July 21, Ordinance i8, Series 1992 passed on first reading. Ordinance 13, Series i 991 denied on second reading. August 4, Ordinance i8 Series 1992 passed on second reading. eiandy~edminlcomdned 5 ~ .M r • . • ~ ` ~ . • ORDINANCE NO. 18 J Series of 1992 V AN ORDINANCE AMENDING SECTION G OF THE VAIL VILLAGE URBAN DESIGN CONSIDERATIONS RELATING TO THE PROTECTION OF 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 WITHtN.THE TOWN AND SC ~ ~ LNG FORTH THE DETAILS IN ~tEGARD THERETO WHEREAS, it is the opinion of the Town Council that the preservation ~of certain existing view corridors is essential to the character ~ ~Jaii as a mountain resort community; and . WHEREAS the preservation of viev~s will protect and enhance the Town's attraction to guests and visitors; and , - ~ . WHEREAS the preservation of views will stabilize and enhance the aesthetic and economic vitality of the Town of Vail; and WHEREAS this new chapter will more clearly identify, existing view; corridors and development procedures for the bene ;t of the public; . NOW, THEREFORE, BE ~w~~~~~~~~'~,!~IED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AS FOLLOWS: Section 1 Title 18 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 18.73 to read as follows: Chapter 18.73 -View Corridors - .4 . 18.73.010 - Pumose ~ The Town of Vail believes that preserving certain vistas is in the interest of the Town's residents and guests. Specifically, the Town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestriar~~~w:~~~c~ =gays within the Town will foster civic pride and is in the public interest of the Town of Vail; B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment of the residents and guests of the Town;, C. The preservation of such views will strengthen and preserve the Town's unique environmental heritage o~r~° ~~?:~ibutes; D. The preserva!ion c~ such views will enhance the aesthetic and economic vitality and values of the Tawn; E. The preservation of such views is intended to promote design which is ' I compatible with the surrounding natural and built environment, and is intended to provide . 1 1 . I • . . , rv,. iq i. r.,>e for natural light to buildings and in public spaces in the vicinity of the view corridors; Y F. The preservation of such views wile include certain focal points such as the ~';r~a Clock Tower and Rucksack Tower, which serve as prominent Landmarks within Vail Village and contribute to the community's unique sense of place. 18.73.020 -Definitions For the purposes of this chapter, the following terms shall be defined as shown below: A. Structure: Anything permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical . equipment, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, sky lights or any similar object. B.~ :View Point Origination: The survey pin, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor. Section 18.73.030 • Limitations on Constructibn i'~rt of a structure shall be permitted to encroach into any view corridor set forth in this ._a:,-~:-r=X~ ~.:~iess an encroachment is approved in accordance with Section 18.73.060 of this ordinance. Section 18.73.040 -Adoption of View Corridors Photographs on record with the Community Development Department and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the Town. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs was hel 5.4 eet above the instrument, which is approximate eye level for most adults. A 35 millimeter camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor. A. ,View Point #1. A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 280 Bridge SVeet, and beyond to the ski slopes; Purpose - To protect the views of Vail Mountain, views of Vail Village and to maintain the prominence and views of the Clock Tower and Rucksack Tower as seen from the central staircase of the Transportation Center.. 2 • Instrument -View Point #1 - a 2" diameter brass disc marked V.P. 1 on stair landing between Levels 2 and 3 of Vaii Village Parking structure. 8ackslght - CW 1/16 comer of Section 8 . Height of Survey Transit Above Vlew Point #1 - 5.4 feet Hortzonta! Angle Zenith Angle ~ Foresight Point on Photo as of 2/7/92, 348°51'10" 77°21'30" A -,intersection of the horizon with a vertical line defined `by the southwest comer of the sixth floor deck enclosure on the Mountain Haus; 292 E. Meadow Drive. 348°30'10" 87°11'30' B1-uppermost railing of the southwest comer of the balcony on the fourth floor of the Mountain Haus, 292 E. Meadow Drive. 355°23'00" 87°37'40" B2 -east end of the Red Lion roof ridge. 304 Bridge Street. 357°39'04" 87°d0'43" B3 -intersection of the Red Lion root ridge with the southeast comer of the RucksackTower. 280 Bridge Street. 357°57'59" 88°27'22" B4 -northeast comer of the base of the Rucksack Tower 280 Bridge Street. 004°05'19" 89°16'02" C1 -intersection of the Ga{lery Building. 225 Gore Creek Drive, with the northeast comer of the Clock Tower, immediately below the balcony. 004°39'58" 89°16'33" C2 -western end of facia board on Gallery Building 004°47'18" 89°41'44" C3 -intersection of the sloping roof of the Gallery Building with the ridge line of the Clock Tower Building which extends west 006°59'11" 89°42'12" D -intersection of the Clock Tower Building roof and ~ f the northwest comer of the Clock Tower . . Oil°25'56" 87°38'Oi" E -peak of the Piaza Lodge vent chase 232 Bridge Street. ' 027°08'54" 87°28'43" F -intersection of the north side of roof Gasthof Gramshammer Building, 231 East Gore Creek Drive with the east side of two large trees 031 °53'27" 76°26'35" G -intersection of the horizon line on Vail Mountain t.~~~r the vertical dine defined by the top of the V:~:: stem, very large pine tree west of Paint F . -_.....__.._.-1--~ ~ 3 y • I ~ ~ ~ ' t ...L.; B. View Point #2. A view from upper Bridge Street looking toward the sW slopes between ~r~ 228 Bridge street, the Golden Peak Building, and 31 i Bridge Street, the Hill Building; ~ Purpose - To protect views of the sW runs and sW base area as seen from upper Bridge Street. instrument -View Point #2 - a #6 rebar with a 2'/i" diameter aluminum cap marked V.P. 2 (PLS 16827) set in an aluminum monument box in Bridge Street in front of the Red Lion Building, 304 Bridge Street, Backsight -View Point #4 - a #6 rebar with a 2~/z" diameter aluminum cap marked V.P. 4 PLS } ( i 6827) set In an aluminum monument box,' in the brick pavers, approximately 8 feet from the entrance to Frivolous Sal's, located near the northeast comer of One Vail Place Building, 244 Wall Street. Height of Survey Transit Above Vtew Point #2 - 5.4 feet 1 Horizontal Angle Zenith Angle Foresight Point on Photo as of 11/15/91 289°25'48" 74°28'18" A -northwest comer of third floor balcony roof of . Golden Peak Building ~~,,;~'~3pt t" 89°58'00" B - PK nail in top of the 24 inch tali retaining wall on west side of Golden Peak House, 1 foot east from west edge of planter wall, and 10 feet west from the west face of the building 300°32'46" 92°05'34" C1 -top of south end of ski lockers, which are on railing 301 °35'24" 83°31'08" C2 -southeast corner of top deck rail on Hill Building 303°32'24" 73°38'55" D -southeast corner of brick chimney on Hill Building C. Reserved D. View Point #4. A view from the northeast comer of 244 Wall Street, the One Vail Place Building, IooWng over the roofs of 304 Bridge Street, the Red Lion Building, and 356 Hanson Ranch Road, the Christiania Lodge, toward the Gore Range. • Purpose - To protect views of the Gore Range as seed from the alley between Founders Plaza and Seibert Circle. Instrument - dew Point #4 - a #6 rebar with a 2~/2" diameter aluminum cap marked V.P. 4 (PLS • 16827) set in an aluminum monument box, in the brick pavers, approximately 8 feet from the entrance to Frivolous Sal's, located in the northeast comer of the One Vail Place Building, 244 Wall Street. 4 S 1 ' ~ ~ 1. ' • 1 w Backslght - Vlew Point #2 - a'#6 rebar with a 2/i diameter aluminum cap marked V.P. 2 (PLS. , 16827) set in an aluminum monument box in Bridge Street in front of the Red lion Building Height of Survey Transit Above Vlew Point #4 - 5.4 feet Horizontal Angie Zen,th Angle Foresight Point on Photo as of 11/15/91 343°56'53" 62°24'10" A -south facia board of third floor roof ~of Plaza Lodge Building, 281 - 293 Bridge Street 348°37'05" 73°05'43" B -intersection of upper and second floor roof lines of Plaza Lodge Building 352°55'25" 73°34'26' C -south end of peak of second floor gable of Plaza Lodge Building ' 352°31'05". 79°24'44" D - eastern edge of second floor gable roof of Plaza Lodge Building 352°13'16" 79°24'S~::'~~ E -intersection of second floor roof fac'sa and southeast comer of Plaza Lodge Building 352°13'14" 84°44'25" F -intersection of southeast comer of building and top edge of first floor facia of Plaza Lodge Building 354°30'20" 86°13'30" G -top of southeasterly corner of first floor facia of Plaza Lodge Building 354°47'22" 86°07'58" H -intersection of south edge of Red Llon chimney and upper Red Lion roof line 358°21'46" 85°17'48" 1-peak of upper Red Lion roof line 359°04'31" 85°30'36" J -intersection of upper Red Lion roof line and northerly roof line of the Christiania 5 000°16'55" 84°36'`°:"~ K -peak of northerly roof line of the Christiania 001 °59'47" 84°36'56" L -intersection of northerly roof peak and southerly roof line of the Christiania 003°05'44" 83°32'42" M -northwesterly comer of second floor balcony on' Hill Building 006°23'31" 83°33'52" N - intersection of top of second floor balcony rail and brick wall on Hill Building 005°32'14" 67°54'58" 0 -northwest comer of top of facia on third floor S roof of Hill Building E.. View Point #5. A view of th, Gore Range from Hanson Ranch Road just east of the MiII Creek Bridge and south of 302 Gore Creek Drive the Mill Creek Court Building; Purpose - To protect views of the Gore Range as seen from Hanson Ranch Road and East Gore Creek Drive: Instrument - dew Point #5 - a #6 rebar with 2~/z" diameter aluminum cap marked V.P. 5 (PLS 5 ' 'r.. i'' a~ .s• . ' 16827) set in an aluminum monument box in Hanson Ranch Road in front of the Mill Creek Court . Building ~ ~ ``~y~ Backslght - #4 rebar with aluminum cap (LS 2568) in iron "Landmark" monument box marking ~ br. centerline of Hanson Ranch Road -box is just west of Mill Creek in front of the Cyrano's Building at 298 Hanson Ranch Road. Height of Survey Transit Above View Point #5 - 5.4 feet Horizontal Angle .Zenith Angle Foresight Point on Photo as of 11!15/91 t 99°03'06" 81°23'49" ~ A -intersection of southeriy utility pole with ridge line 204°06'43" 85°10'40" B1 -intersection of northerly extension of Garden of the Gods Building, roofline with hillside ridge line 206°00'02" 85°10'40" B2 - northern end of roofline of the Garden of the Gods Building, 365 Vail Valley Drive 208'12'53" 85°10'40" C1 - 'intersection of southerly extension of the Garden~~p~ the Gods building roofline and the Villa Valhalla roofline, 360 Hanson Ranch Road 208°33'36" 84°55'50" C2 -northwest comer of the Villa Valhalla at roof facia 210°41'41" 84°01'47" D -intersection of top of the Villa Valhalla roof facia and the upward extension of the north edge of the trim on the window column 210°41'41" 82°01'51" E -the upward extension of the north edge of the . trim on the window column on the Villa Valhalla to a point above the horizon F.' View Point #6. A view looking east to the Gore Range from Gore Creek Drive ~}}>~i~<~~~.; °~;:=f~5! slops at 174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the ~,t~~ aaza Building projecting east to the Gore Range. Purpose - To protect views of the Gore Range as seen from the Gore Creek Drive Area. Instrument -View Point #fi - a #6 rebar with 2'/z" diameter aluminum cap marked V.P. 6 (PLS 16827) set in an aluminum monument box in Gore Creek Drive in front of the Gore Creek Plaza Building Backsight - a #6 rebar with 2~/z" diameter aluminum cap marked V.P. 6 B.S. (PLS 16827) set in an aluminum monument box in Gore Creek Drive near the southwest comer of Pepi's deck r. y. • . ~ 6 - ' Height of Survey Transit Above Vtew Point #S - 5.4 feet Horizontal Angle Zenith Angie Foresiohf Point on Photo as of 11/15/91 356°08'35" 81°02'17" A -point on horizon left of the chimney on Gasthof Gramshammer roof 231 East Gore Creek Drive 356°55'02" 83°02'06' B -intersection of southeast edge of chimney and ' Gasthof Gramshammer's roofline 000°31'36" 82°54'27" ~ - southern end of gable on Gasthof Gramshammers roof 001°48'10" 85°17'34" ~ D1 -intersection of northerly extension of Gorsuch Building's roof line and Gasthof Gramshammers roof, 231 East Gore Creek Drive 003°14'42" 85°17'40" D2 -north end of Gorsuch Building's roof 007°56'03" 85°11'32" D3 -south end of Gorsuch Building's roof 013°30'31" 85°11'32" ~ E -intersection of southerly extension of Gorsuch • Building's roof line and brick pillar on lazier Arcade • Building /Wall Street Building 225 Wall Street. 013°38'14" 78°48'3' F - intersection of face of stucco and eve line on Lazier Arcade Building/Wali Street Building 012°55'17" 78°14'51" G -top of fads on northeast comer of root on Lazier Arcade Building ! Waii Street Building Oi4°44'21" 73°13'39" H -top of roof on Lazier Arcade Building ! Wall• Street Building Section 18.73.050 • Amendments An amendment of the regulations of this Chapter including a request to add a new view corridor, delete an existing view corridor, or amend the boundary of an existing view corridor, may be initiated by the Town Council on its own motion, by the Planning and Environmental ' Commission on its own motion, or by application of any resident or property owner in the Town I• or by the Director of the Community Development Department or his/her designee. A. Application Information for Amendments An application for the amendment of the provisions of this Chapter including the addition of a new view corridor, the dete?io~~ ~f an existing view corridor or an amendment to the boundary of an existing view corridor shag a.: _;ith the Community Development Department on a form ~ to be prescribed by the Directcr of ti'ie Community Development Department. The application shall include the following information: . i. A summary or description of the proposed amendment. 2. A photograph of tho proposed view to be protected if the application is to add a new view corridor or amend the boundary of an existing view corridor. The point used as the view point origination and the height of the camera above existing grade or pavement at the time 5 the photograph was taken shall be identified. The photograph or photographs shall be marked 7 ' • `~t: r v, kp, 1~ S;~' to show the proposed view corridor boundary or shall be marked to show. the proposed '~5° ~~3:9 improvements in relation.to.existing improvements and existing view corridor boundaries. 3. The Community Development Department may require models, overiays, sketches, or other submittal requirements to show: (a) For a new view corridor, the potential impact the new view corridor could have on the development potential of surrounding properties; or (b) For a modification to a view corridor boundary, the potential impact the change would have upon the protected view corridor. Names and addresses of the property owners whose development potential. asset ' forth in Chapter 18 of the Town of Vail Municipal Code on the date the application is received by the Community Development Department, maybe increased or deceased by the proposed view corridor or by the proposed modification to the existing view corridor. the application is to add a new view corridor or amend the boundary of an existing ve`rY corridor, the applicant shall submit a legal description of the new view corridor or the amended boundary prepared in the same format as those set forth in Section 18.13.040 of this ordinance and any other survey information deemed necessary by the Community Development Department 30 days prior to the final PEC public hearing. 6. An application for an amendment may require review by consultants other than Town staff. Should a determination be made by the Town staff that an outside consultant fs needed to review an amendment application, the Community Development Department shall obtain the approval of the Town Council for the hiring of such a consultant. ~ Upon approval of the Town Council to hire an outside consultant, the Comm~lt ~reveiopment Department shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the Town by the appilcant S at the time the amendment application Is submitted to the ~ Community Development Department. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses Incurred by the Town In excess of the amount forwarded by the appilcant shall be paid to .the Town by the applicant within thirty (30) days of notification by the Town. B. Notice and Hearin4 Procedure. 1. Upon the filing of an application for an amendment to this Chapter, or upon initiation of an amendment by the Town Council, Planning and Environmental Commission, or ~ 8 r Community Development Director. the Community Development Director or his designee shalt set a date for a public hearing before the Planning and Environmental Commission. Subsequent to the hearing. the Planning and Enviro~.x.~rr.~ntal Commission shall make a recommendation for approval or denial to the Town Council. After con 1 idering the Planning and Environmental Commission's recommendation. the Town Council shall make a final determination on the amendment at a public hearing by ordinance. 2. Notice for the public hearing before the Planning and Environment Commission shall be given to the property owners d9signated in Section 18.73.050 {A)4 or Section i 8.73.060 (A}2 in accordance with Section ~.~~~~<~~~Y ~ ~ this Code and the hearing shall be conducted in conformity with Section 18.66.090 of this Code. C. Criteria for Amendments The Town Council shall only ~n~rove an amendment to this Chapter adding a new t~i~,Far corridor. deleting an existing view yr ° a~:nending the boundary of an existing view i;,~r3dor if the amendment complies wits; the ~ goals of the applicable elements of the Vail Land Use Pian, Town Policies. and Ur`;~t.~ ~ess~ rUide Plans and other adopted master plans, and meets all of the following criteria: 1. If the request is to add a new view corridor or to amend the boundary of an existing view corridor in such a way which expands an existing view corridor (a) That the proposed view corridor or the boundary amendc~ i~; ~t protects and perpetuates a view or ~~ie4~tr~s from public pedestrian areas, public ways. or public spaces within tf~e Town which foster civic pride and are In the public interest for the Town of Vail; (b} That the proposed view corridor or boundary amendment protects and enhances the Town's attraction to residents. guests and property owners. {c) That the proposed view corridor or boundary amendment protects a view which is cor:'=.~ _.~~ly recognized and has inherent qualities which make it more valuable to the Town than other more common views. 2. If the amendment is to amend the boundary of an existing view corridor in such a way which reduces the existing view rcrsi~~r or is to repeal an existing view corridor: (a) That the bound,.. amendment or repeal will not reduce or eliminate any view or view: . ; ublic pedestrian areas. public ways. or public spaces . within th=.-~:.~~,,"vY1 which foster civic pride and are in the public interest for 9 . • a :Fr i , ~ ?...1~. =y .the Town of Vaii; ~ fir; Y:. . (b) That .the .boundary arri~endment or repeal will not reduce the Town's . , attraction to residents, guests, and property owners nor be detrimental to :u, the enjoyment of public pedestrian areas, public ways, public spaces or ' . .pub{ic views. (c) That the boundary amendment or repeat will not diminish the integrity or quality, nor compromise the original purpose of the existing view corridor. ~i Section 18.73.060 -Encroachments into Exist~na View Corridors . I An application for approval to encroach into an existing view corridor may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or property owner in the Town, or by the Director of Community Development Department or his/her designee. A. Application Infomtiation for Encroachments An application for an encroachment shall be filed with the Community Development Department on a form to be prescribed by the Director of the Community Development ^spartment. The application shall include the following information: A summary. or description of the proposed encroachment. dames and addresses of property owners located within 500 feet of the proposed encroachment. 3. Photographs of the existing view corridor. The photographs shall be marked with tape to identify the existing view corridor boundaries, and shall show the proposed encroachment. The photographs shall be taken trom the view point origination at the same height as identified in the legal descriptions in Section 18.73.040. 4. The Community Development Department may require models, overlays, sketches or other submittal requirements to show how the proposed encroachment could impact the protected view corridor. 5. An application for an encroachment may require review by consultants other than Town staff. Should a det~rminatlon be made by the Town staff that an outside consultant is needed ~to. review an encroachment application, the Community Development Department shall obtain the approval of the Town ~ Council for the hiring of such a consultant. Upon approval of the Town Council to hWr an outside consultant, the Community Development 10 . Department shall estimate the amount of money necessary to pay the . - outstde consultant, and this amount shall be forwarded to the Town by the applicant at the time the encroachment is submitted to the Community Development Department. Upon completion of the review of the application by the consuitant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses Incurred by the Town In excess of the amount forwarded by the applicant shah be paid to the Town by the applicant wtthln thirty (30)~ days of notlficatton by the Town. B. Notice and Hearing Proced~rei ~ Notice and hearing on an application for an encroachment into an existing view corridor shall be in accordance with Section 18.73.050(8) of this Chapter. C. Criteria for Encroachment No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: .1) That the literal enforcement of Section 18.73.030 would preclude a reasonable development of a proposed structure on the applicant's sand. 2) That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this Chapter. 3j That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4) That the development proposed by the applicant complies with applicable elements of the Vail Land Use Plan, Town Policies, Urban Design Guide Plans, and other a a fed master plans. 5) That the proposed sVucture will not diminish the integrity or quality nor compromise the originai purpose of the preserved view. ' Section 18.73.070 - ikon-Conforming Structures A) Any structure which presently encroaches into an existing view corridor which was i lawfully authorized by ordinances or r~:gulations existing prior to the effective date of this ordinance may continue. However, such encroachments will be encouraged to be removed as part of any remodelling or reconstruction of the structure. in the case of certain focal points. such as the Clock Tower and Rucksack Tower, the Town recognizes then' importance to the character 11 - i . • ~ 'I . t!~. of Vail Village and to the quality of the urban design of Vail Village. Notwithstanding their ' , nonconforming status the Town does not encourage( their removal. B) Structures lawfully established prior to~the effective date of the ordinance codified In this Chapter may be modified provided that such modification does not cause the structure to encroach into a view corridor to a greater extent to any dimension or configuration, specifically height, width or mass, than the existingstructure. C) Non-conforming structures may be maintained and repaired as necessary for the convenient safe or efficient operation or use provided that no such maintenance or repair shall cause the structure to encroach into a view corridor to a greater extent In any dimension or conftguratton, speclitcally height, width, or mass, than the structure encroached prior to such maintenance and repair. D) Restoration: Whenever anon-conforming structure which does not conform with the provisions of this Chapter is destroyed by fire or other calamity, by Act of God, or by the public enemy its use may be resumed or the structure may be restored provided the restoration is commenced within one (1) year and diligently pursued to completion. The structure after such restoration shall not encroach into a view corridor to a greater extent In any dimension or ~ n~'~uratlon, spec[flcally height, width, or mass, than the encroachment which existed prior 1 :;t,ion. Section 18.73.080 - Heiaht Limitation If the maximum height allowed in any zone district within the Town differs from the height permitted by a view corridor the more restrictive height limitation shall apply. Section ? 8.73.090 -Fees The Town Council shall by motion establish a view application fee sufficient to cover the ' cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. Section 2 Section G of the Urban Design Considerations is hereby modified to read as follows: Paragraph G ' Vail's mountain/valleyseffing is a fundamentalfpart of its identity. Views of the mountains, ski slopes creeks and other natural features are reminders of the mountain environment and, by 1 repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points., The most significant view corridors have been adopted as part of Chapter 18.73 of the Vail Mu ~'cipal Code. The view corridors~adopted 12 1 c . ~ . • ~ ~ should not be considered exhaustive.. When evaluating a development proposal, priority should be given to an analysis of the impact of the project on views. Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the ClockTower~~ the Rucksack Tower and other important man-made I and natural elements that contribute to the sense of place associated with Vail. These views. which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in Vail Village shall not encroach into any adopted view corridor unless approved under Chapter 18.73. As'1p3~:d corridors are listed in Chapter 18.73 of the Vali Munlapal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from pedestrian ways and public spaces must be identified and considered where appropriate. The Vail land Use Plan, Town Poficies~ the Urban Design Guide.Plans, and other adopted master plans. shall be used to help determine which views may be affected. and how they should be addressed. Section 3 if any part, section, subsection sentence, clause or phrase of this ordinance Is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance. and each part, section, subsection, sera`^n^~, flause or phrase thereof, regardless of the fac# tFat any one or more parts, sections, ~ ,~r~~es, clauses or phrases be deGarad inti.~alid. ' Section 4 The Town Council hereby finds, determines and dec{ares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vaii and the inhabitants thereof. Section 5 1 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not of+~-.~ -any right wriich has accrued. any duty imposed, any violation that occurred prior to the i:tfective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeat of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All bylaws, orders, resolutions and ordinances, or parts thereof inconsistent herewith are . - 13 • ~ ~ 4 ~ • • ~r .1..~i. 1i~~1~ . repealed to the extent only of such inconsistency. This repeater shall not be construed to revise , any bylaw order resolution or ordinance, or part thereof, theretofore repealed. • INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED . ONCE IN FULL. this day of ~ ,1992. A public hearing shall be held hereon on the day of , 1992, i t the regular meeting of the Town Council of the Town of Vail Colorado in the Municipal Building of the Town. 1 • Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker. Town Clerk ~ . READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: %~~;E:~ S~ Aaecker, Town Clerk ~ CIVEWCORR.ORD ,fi. .j 14 ~ ! • revised 10/20/92 Date of Application . Date of PEC Meeting Date of Town Council Meeting APPLICATION FOR VIEW CORRIDOR AMENDMENT/CREATION I. The application will not be accepted until all information is submitted. A. NAME OF APPLICANT ADDRESS PHONE B. NAME OF APPLICANT'S REPRESENTATIVE ADDRESS PHONE C. NAME OF OWNER(S) OF THE LOCATION OF THE POINT OF ORIGIN (print or type) OWNER(S) SIGNATURE (S) ADDRESS PHONE D. LOCATION OF POINT OF ORIGIN: LEGAL:LOT BLOCK FILING ADDRESS 1 E. FEE $500.00 PAID I CK # BY THE FEE MOST BE PAID BEFORE THE DEPARTMENT OF COMMUNITY DEVELOPMENT WILL ACCEPT YOUR PROPOSAL. II. PRE-APPLICATION CONFERENCE: A pre-application conference with a planning staff member i.s strongly suggested to determine if any additional infor,t, ~:~n is needed. No application will be accepted unless it's comp?::=,:e (must include all items required by the zoning administrator). It is the applicant's responsibility to make an appointment with the staff to find out about additional submittal requirements. Please review chapter 18.73 view corridors of the Town of Vail Zoning Code to familiarize yourself with the provisions of the code. III. PLEASE NOTE THAT A COMPLETE APPLICATION WILL STREAMLINE THE APPROVAL PROCESS FOR YOUR PROJECfi. Four (4) copies of the following information must be submitted: 1. A summary or description of the proposed amendment. 2. A photograph of the proposed view to be protected if the application is to add a new view corridor or amend the boundary of an existing view corridor. The point used as the view point origination and the height of the camera above existing grade or pavement at the time the photograph was taken shall be identified. The photograph or photographs shall be marked to show the proposed view corridor boundary or shall be marked to show the proposed improvements in relation to existing improvements and existing view corridor boundaries. 3. The Community Development Department may require models, overlays, sketches, or other submittal requirements to show: a. For a new view corridor, the possible impact the 1 new view corridor could have on the development potential of surrounding properties; or • b. For a modification to a view corridor boundary, the potential impact the change would have upon p the protected view corridor. 4. Stamped, addressed envelopes and a list of names and addresses of the property owners whose development potential., as set forth in Chapter 18 of the Town of Vail Municipal Code on the date the application is received by the Community Development Department, may be increased or decreased by the proposed view corridor or by the proposed modification to the existing view corridor. 5. If the application is to add a new view corridor or amend the boundary of an existing view corridor, the applicant shall submit a legal description of the new view corridor or the amended boundary prepared in the same format as those set forth in Section 18.13.040 of Ordinance No. 18, Series of 1992 and any other survey information deemed necessary by the Community Development Department 30 days prior to the final PEC public hearing. 6. An application for an amendment may require review by consultants other than Town staff. Should a determination by made by the Town staff that an outside consultant is needed to review an amendment application, The Community Development Department shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Council to hire an outside consultant, the Community Development Department shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the Town by the applicant at the time the amendment application is submitted to the Community Development Department. Upon completion of the review of the application by the consultant, any of the funds forwarded ley the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within thirty (30) days of notification by the Town. i applicant shall be responsible for paying any publishing fees ~~:~ich are in excess of 50~ of the application fee. If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then, the entire fee for such re- publication shall be paid by the applicant. 2 RRGE~V~® ®~T ~ ~ ~ United States Forest White River Holy Cross Ranger District Department of Service National P.O. Box 190 Agriculture Forest Minturn, Colorado 81645 303-827-5715 Reply to: 5410 Date: October 22, 1992 Ron Phillips Town of Vail 75 Frontage Rd. W Vail, CO 81657 Dear Ron: I wish to extend my thanks to Larry Eskwith, Tom Steinberg, and yourself for meeting with Sonny LaSalle, Ellie Towns, Rich Phelps, and myself to discuss land issues jointly affecting the Town of Vail and the Forest Service. The purpose of the meeting was to have an open discussion in an effort to resolve any lingering barriers to the attainment of our mutual goals. I believe we were very successful on the former! You expressed a need for clarification on some appraissal issues. Attached please find an informal response by Dave Damron. I hope this response adequately addresses your concerns. I hope we can continue to move forward in attaining the mutual objectives outlined in the Land Ownership Adjustment Analysis and to resolve the outstanding issues that remain. Sincerely, ILLIAM A. WOOD District Ranger cc: Sonny LaSalle RTP U~?S FS~8200.28(7-82) Ellie-- You asked that I provide some additional data concerning a particular question the Town of Vail officials had concerning appraisal issues. Specifically, the Town alleges that we had the golf course maintenance parcel appraised as open space and they had zoned the Lodge parcel and the Spraddle Creek parcels as open space, but we appraised those to market value. The Town of Vail nor no other local government has authority to zone Federal lands. We do not recognize such zoning. However, that issue is moot when it comes to appraising Federal land. We must appraise Federal land as though it is in private ownership on the date of value. The appraiser must evaluate the Federal property being appraised in terms of the reasonable possibility of zoning (as though it were non-Federal land) as evidenced by zoning on similar non-Federal lands in the immediate neighborhood. Zoning a Federal parcel as open space simply because it is a Federal parcel--when adjacent private lands have a higher zoning classification--demonstrates the impropriety of the open space zoning on the Federal parcel. The highest and best use (H&BU) of the Lodge parcel appraised effective May 15, 1987, was for two duplex recreation-resort duplex building sites. That H&BU was based on market value. The Spraddle Creek parcel appraised in that same report with the same date of value had a H&BU for two homesites, also based on market value. The currently approved Spraddle Creek appraisal with a date of value of June 30, 1991, has a H&BU of three residential building sites. Again, this value is market value. The golf course maintenance parcel is not appraised based on market value because of the authority under which it is proposed for conveyance to the Town of Vail; the Sisk Act, as amended by the Small Tracts Act. We are directed to appraise with a specified H&BU under this authority. The specified H&BU is the permitted use. In the absence of reliable comparable sales of properties with the permitted use, the Forest Service Manual directs us to consider sales of properties which are suitable for similar uses. Obviously, residential homesites abutting the golf course are suitable for the permitted use, if vacant, but the property was appraised as open space. Properties purchased for open space are more suitable for the permitted use and reflect a substantially lower value than other lands which might have been deemed suitable in the absence of valid sales in this market neighborhood. Had this parcel been appraised to market value rather than to the directed H&BU, the resultant indication would have been several times the approved appraised value. So, true to form, the Spraddle Creek and Lodge parcels were appraised to market value just as they should have been. Zoning applied to non-Federal lands in the neighborhood was considered as it properly should have been. The improper open space zoning reportedly imposed on these properties by the Town of Vail was given its due consideration. The golf course maintenance parcel was appraised to a specified H&BU resulting in a permitted-use value, NOT market value. All properties were appraised in compliance with the Uniform Anoraisal Standards.for.Federal Land Acouisitions. and the 1991 appraisals were additionally in compliance with the Uniform Standards of Professional Anoraisal Practice. ~ ~7 TOWN OF VEIL 7S South Frontage Road Department of Community Development Vail, Colorado 81657 303-479-2138/479-2139 October 27, 1992 Mr. George Gillett, Jr. Chairman of Vail Associates Vail Associates, Inc. PO Box 7 Vail, Colorado 81657 Dear George: want to respond to a letter from Mr. Richard Rider from St. Petersburg, Florida concerning sound insulation between Alfie Packer's Bar and condominiums at the Lionshead Center Building. I was concerned when 1 read the letter that Richard indicated that our department has not responded to his c4ncetn. I have attached letters, one from myself and one from Gary Murrain, Chief Building Official, indicating that we will be addressing his concern. Our intent is to look at the sound issue during the winter season when the building department normally slows down. After receiving Richard's letter on October 26, I called him that evening in Florida to discuss his concern. I believe that we have an understanding that it will take some time to research this issue and to come to a solution. As indicated in Gary's letter, it is very difficult to go back into existing projects and tell the owners that they will be required to make changes to their projects unless they are doing a major remodel or an owner is building a new structure. I explained to Richard that there is a balance between private property rights and the Town government's authority to retrofit buildings. He seemed willing to give us some time to work on this issue. 1n addition, 1 expressed to him that we were sorry that he was not planning to vacation in Vail this winter. The guest experience is something that our community tries to enhance at all times. If you have any further questions about this item, please feel free to call me. Sincerely, ~'f Kristan Pritz Community Development Director cc. Ron Phillips ~,Y ~ 1 Z~ ~ ~I~ 321 ~.3~.~' 5019 First Avenue North St. Petersburg, Florida 33710-8203 October 21, 1992 Ms Kristan Fritz C,,.,.«~nity Develo~nent Director Zbwm of Vail RE: Noise conducted between businesses. ?5 South PYontage Road Vail, Colorado 8165? Dear Ms Fritz: On September 30, 1992, I wrote requesting information regarding the raise problem conducting from businesses through walls and ceilings into other establishments - be they residences or other businesses. I have not _,_i receive3 a reply as of yet. IIzclosed is a Dopy of a letter I have written Mr. Gillett. If you would kindly let me know what is taking place regarding this matter, I would appreciate it very much. One would hope businesses would be civilized and not rude and inconsiderate of others, but some people just don't care. It is regrettable, but that is where people like yourself and other town officials can step in ar~d see that people are looked after in a decent manner. Once again, I shall be awaiting a reply pertaining to the progress that is taking place on this matter. I'm sure you gather by now, I am not in this just for myself, but for the enjoyment of all guests at Vail. Zhank you for your assistance. Gratefully yours, ` . ~ ~ ~ r Gi~ Richard R. Rider ' L..I Z, I~closure 5019 First Avenue North St. Petersburg, Florida 33710-8203 October 21, 1992 Mr. George N. Gillett, Jr. Chairman Vail Associates, Inc. " " P.O.' Box 7 " Vail, Colorado 81658 Dear Mr. Gillett: I received your letter dated October 8, 1992, pertaining to haw Vail is looking financially. That pleases me very much. Vail taught me has to ski and I have been ceming there for many years. It's like a second home to me. You stated in your letter if one had any w~~.~,ents, to please write. If I may, there is something I wish you would kindly assist in moving along a little for. me and other visitors to Vail. For several years, I have rented a a~ndo at Lionshead Oanter, with a mountain view. My now 81 year old mother, anon skier enjoys caning to Vail with me, ~9.I rent that place. It affords her a nice view of the children's ski school as well as.the people coming down the mountain. Right beneath the condo is a restaurant/bar called Alfie Packers. They are excessive in the noise they make. The last two times I was in Vail, about a week and a half in ~cember and about 22 weeks in January, I called the police numerous times. They replied that there is ~ law pertaining to the transmission of sound through walls of one establishment to an adjacent condominium, but only noise"level in streets. "I wrote every member of the city council letters; including sending you a ,~,N~' of one in an att~«~,t t4 change the law, but nothing has happened. My most recent letter to Ms Kristan" Fritz, wry enclosed, again resulted in nothing. I "was told she may be the one who might help draw up such an amendment. What has resulted on my part, I have canceled my reservations to Vail this year, am off to Snow Bird, and am passing the news around that Vail is beocmirig so commercial, they really don't care about the quality of enjoyment of it's guests. However, I still hope Vail will in ~ lime before too long. I never thought" after more than 10 years repeatedly caning to Vail, I would have to leave for another place. ~erybody knew about my w,~~~laint, but nobody seems to have done anything. The solution is not finding another condo, but passing a law protecting visitors. If the business did something on its aan, like Cyranos did, in putting soundproofing in the walls and ceiling, that would be fine, but in this case, the business obviously couldn't care less. Vail is too fine a place too let businesses show inconsideration towards it's guests that way. If you can help to move things along, many people including myself will be indebted, to you.. Thank you for your assistance. . . Yours truly, cc: Kristan Fritz Richard R. Rider ~o~~ r ' ~ ~ ~ ~ k' 1 ~ 5019 First Avenue North St. Petersburg, Florida 33710-8203 September 30, 1992 l~q Ms xristan Pritz C~,~.~~anity Development Director Ibwn of Vail 75 South Frontage Road RE: Lionshead Renter rbise aJncern Vail, Colorado 81657 Dear i•Ss ~Yitz : You might recall my ~~n,~anicating with you and the city fathers regarding noise level "within" buildings. What brought it to my attention was when I was staying in Lionshead Center, and having my stay interfered with by the noise from Alfie Packers. The police stated they had no law regulatiYrg noise transmitting into adjacent residences within a building, only concerning noise in the street from a business. You were very kind to send me a letter May 20, 1992, regarding the possibility of amending the uniform building code to require additional insulation between a residential unit and a oonmercial unit. Four months have passed since you sent that letter, and I was just wondering if anything was done. Ibis is very L«~~Lant; is not w,«~licated, but would certainly il«r~~~e the quality of enjoyment of visitors to the Vail Valley area. If you would kindly drop me a note updating me cn this matter, I certainly would appreciate it. Thank you for your efforts in this matter. Yours sincerely, c ~ / J Richard R. Rider ~ ~'Y TOWN OF VAIL ~ ~ .Zl " 7S Soufb Frontage Road Department of Community Develo ment Yai1, Colorado 81657 303-479-2138 / 479-2139 Mr. Richard R. Rider 5019 First Avenue \Torth ' St. Petersburg, Florida 33710-8303 October 16, 1992 Dear \•ir Rider: This letter is written in regard to your correspondence with Krista~i Pritz on September 30, 199?, regarding noise levels. I ~~~ill try to explain to you what the Town of Vail is doing ~~~ith sound transmission control. I am sending you a copy of tl~e existing Building Code, appendix chapter 35. As you can see Sec. 3~01.(a) only deals with "R" occupancies ie (Residential), and not Commercial. Our inte~~t is try to include "A" occupancies ie (Assembly), which will cover restaurants and bars. \Ve hope to have this amendment adopted into the Uniform Building Code by the first part of ~•1ay. At this point, the amendment will only cover new construction. It is very difficult and expensive to retrofit existing buildings to meet the requirements of Chapter 35 of the UBC. In most of the mixed use buildings in Vail, this type of a problem is controlled by the condo association of the building. .I hope this helps you understand ~~~l~at is in tl~e works regarding sound transmission control. for future buildings built in the Town of Vail. Once again, eve are sorry that your stay in Vail •was negative because of this problem. We hope this effort will be seen as a response to avoid this problem in the future. if I can be of any further assistance to you, please contact me at (303) 479-?138. Sincerel ~~f: ~ r( ' Gary )\2urrain Chief Building Official 'cc: tiristan Prita ~i~ ~or~v o.~ vAl~ '~i 7S South Frontage Road Department of Community Development Vail, Colorado 81657 303-479-2138 / 479-2139 May 20, 1992: Mr. Richard R. Rider 1519 First Avenue North St. Petersburg, FL 33710 RE: Llonshead Center Noise Concern Dear Mr. Rider: Thank you for your letter concerning the noise problem at the Llonshead Center Building. The Town of Vail is very concerned that your stay at the. Llonshead Center Condominiums was negatively affected by the noise from Alfie Packer's Bar. The Town of Vail currently-ham a noise ordinance that limits the sound level outside of the building to 65 decibels. 'In the case of Cyrano's Restaurant, the noise ~rom`the bar exceeded this limit. For this reason, the owners of the establishment were required to insulate their discotheque so that sound would not exceed the allowed Level beyond the property line. The Town of Vaii will investigate the possibility of amending our Uniform Building Code to require additional insulation between a residential unit and a commercial unit. Maintaining a positive, relaxing, mountain experience for our guests is very important to the community. We will do our best to look at possible options to avoid a problem like this in the future. Thank you again for letting us know about your concern: A letter such as this only helps our community to provide higher quality guest service. We hope you will come and visit us again. Sinctterely, ~K`1~~1~~i~T Kristan Pritz Community Development Director . cc: Vail Town Council Ron Phillips t z ~ . - R~~'~~~1~'r i~AY ' 4 1992 _ . 5019 First Avenue North - St. Petersburg, Florida 33710 P~1ay 1, 1992 Vail Home Rentals ~ -143 E. Pheadow Dr. Attn.: Julie Vail, Colorado 31657 Dear Julie: I received your notice for the coming winter ski/snowboard season, reservations #7491 & 7492. It is with regret that I must cancel bath reservations. I r When I was at your rental property at .Lionsheacl Center in Dec?..tuber, the bar, Alfie Packers, was playing their music so Loud late at night, that it seriously tiisturoeci my sleep anti - overall enjoyment in Vail. It was riot only ~Z bother to me, but mY S1 year old pother, a non skier, who likes to join me ror a vacation and have a place she can look out file windocv and see the activity on the slopes. I called the front desk, talked with you and your office several times, and called the police innumerable times. There would be a brief reprieve for a couple of nights, and then it ~,~uld resume again. When I returned in January, the noise caas even 4n~rse, I went through the same routine of . trying to get it stopped, anti failed .on all accounts. In my conversation with people in town, I was talking with Nlr'. Paul Johnston, owner of Christiana Lodge. :ie told me he as well as Golden Peak House had a similar problem with Cyranos. Golden Peak House didn't want to lose its business;-P•Ir. Johnston didn't either, the police got involved, and Cyranos didn't want to get a bad name in tocan, so something was cone about it. E:ctensive sound proofing was installed which solved the problem. I am so upset by my ~~N~rience, after many years of Doming to Vail, I decided I would take my 27 clays I was going to spend in Vail this comirx7 winter arx3 spend it somewhere else . As a matter of fact, I am not even coming back to Colorado this wintPx. It is.apoarent that Vail Home Resitzls has priorities that clo not include seeing it's tenants enjoy some peace and c1uiet in the places they rent. While you have been mist kind in seeing your places are well maintainer and ec1uipped, it is to no avail if loud music is heard late at night. It is also apparent t'~at the city of Vail is not concerned about the ovP_r all enjoyment of its visitors . Laws should ~ passed prohibiting biis?.ness fran moving into an area that is surrounded on several sides by ~ndomini~uns, if those :a.~sinesses are going to make loud noise and disturb tine peace of the adjacent residents. Taking sound levels in the street is ux~rthless if t'ne resonating sound in an adjacent condominium is intolerable. Even as there are laws prohibiting people fran malting loud noise in one condominium from disturbing others in an adjacent condominium, there should be similar laws prohibiting businesses from making noise if they disturb the peace of people living in adjacent condominiums. It is apparent that Alfie Packers does not care about the people it is disturbing by playing loud music late at night, its image in the c~«r~~snity, anc3 has many people it runs out of Vail and Colorado. Zhey are obviously an irresponsible, short sighted business, only interested in turning a quick buck for themselves, without regard to who .they hurt - individuals, other businesses, the reputation of the city, or the state of Cbloraclo. n~ _ Page 2 It is my sincere hope that Vail Home Rentals, whoever is managing Lionshead Center building, I~lfie Packers, and the City of Vail make some corrections in how they run their buS1nP_SS. One can rbt have a ~1 caorld class resort if it .continues to show blatant clisregard for its visitor`s. I am so upset by this .I have a good notion to write so-ne skiing magazines in their eclitorial ~~n«ents colu~*u-? telling them of how my vacation in Vail, O~lorado, the E1 ski area in North America, turned out, the direction it is going, as well as some national newspapers in their editorial•columns, if real changes are not made. If anybody cares and is' going to make some genuine changes, I would appreciate your writing mP and letting me know what they are. ~ . . ~ RECE!!!El7~ 1f ~2 Yours truly, ~ > ~l . 1 t ,,a ~ ~ ,/~yyy~ i~ Richard R. Rider ~ ~ . CC: Mayor Peggy Osterfoss City P4anager, Mr. ,'fin Phillips . . Mr. George Gillett Board Members ~ ~ ~ Mr . ' P4erv Lapin • . Mr. ~b Buckley _ Mr. Jim Gibson ~ • P~'. Rob Levine Mr. Jim Shearer ~ ~ . Mr. Zbm SteinbercJ _ . Police Chief, Imo. :ten Hughey . f!lr. Paul Johnston ~ . ~,'gY a ~jt-~Wt%j Case ~ . Y. c+~, -,Ma~3 t•~} ,~e artment Noise Re ort Form Number :a ~~„~'~.~-'a- ,~i . Statute/Ordinance Number ~UCR ~'vort 11me Day +DalelTime/Day of Oocurence I Between Date/Tlme/Day s~ - ~ 1 F~ 3o,S ~ ~l.~.r ! ,6? - 0 4•~ -9 ~ /7/a ~ Vii. of Occuronco / ~ .~;'P ~ ~,~~!-S ~ GEO Codo . rc~/15/j~zcd~ Clr~~r ~cQoS .So70 ~rcros~i>U~ S - ewpoQ R!P • roporllnp party W • witness le Name: Last. First, Middle ~ Ucense NumbedStale ~ `I'O C l~~ ~ ? C ~-I R fJ Dats of Birth ~ Age I Race ~ Sex I Hgt. I Wt.-- ~ Hair - ~ Eyes Build- I Sodal Securlry Number Description (ot the person) I Y)/' ~ Cc/Y)Ti~.C'1~P cl~ / Address: Residence Zip Code Phorte ~S$ L,ci~~i~vcrlr, :SI Address~Gisitfn~~falling Zlp Code Phone ' ~ Q Address: Business/Occupation Zfp Code Phone je Name: Last, First, Middie Ucense Number/State ~ LEl-l/!'I~IN SiEUE ~ ~ ~3~J79Soo ~ l1%I Dato of Birth Age Race Sex Hgt. WG Halr Eyes + Buiid I Sodal Securlry Number - 30-~ y ~ 7 I w ~ /rl . ~ S/ ~ ~ ~ 9a ~ 14 I ! a 3 I -l7 - 9.Soo /a ~ Description (of the person) j nonce Address: Residence ( Zlp Code Phone 'S~ vI Sv-`e~, Z'~? ~/'~i~. CU r~/lc.i 7 L/7~n ~~3/ 3Sl Address: Visiting(Mtanmo> Zip Code 'Phone ' /r r r D Address: business/Occupation Zip Code Phone of sound (musician, arnplifi/e--r, etc.) 1 . meter used: YES Q NO ~ ~ 11 NO, why not? ~~F~r ~.~,~~/n.,;'~r~ , n Crsrn~tt~a;nrvr7'4; n~.~ir>L~ia~• JD METER Reading >ft/Tlme N/~ / Roading #2lTlme ~ ADiNGS adings at 5 Decibel Meter Brand Name Serial Number Calibration Dace(s) ~ Used according to instructlons' e Intervals) ~ ~ 1Li NO 1TiVE n • : d ~ ~ r~ ~ rr7Yr /cr r'_~~ ri~ ~0r,1.n ~~SL.S- / /1rr L^( r~ S:•f F S//cx~.~~rc /c~ ete~ I~'~' crrs r ~ txn ~/err rr V r(~ - r~~ l~,y,rs;r [,.~tt5 CaYr~. ~ rl~.rm-, /~S~c~r= ~tG ~ / ~i SOa'{ZI ,n i ~ ~c/.~Er= i r~ /?n-~ ~ f C'c'Y~Z, r-Y'ir~L~ <n r~ ,r- G~Xc/'Y~- ~.Ly7~~i !n ~ V / ~Lt1J",on ,LeS / r .~7~. t: r ~.e~ c s rn 171: S <.7Del ! T111~!'?~~ ~ ~ ~ ~;'J`J'C-~-~ L-r ~ii. rr n O G~~/rr nom:-[' 731G CGn'h~/C1i~-~_~, ~/{C 7Lt~112'~Y ~~C~ /Yll.(5/C_~(1r•~i.M, ~~<i' f-rir ~ OC~~' ~R tra.': tr yy~~[r~ n~ ~ r~C• rtr.~ ~,~iJya Cr>c,cY_~ ~or,irla~~~ r~~ Gt~r% / ! / / /t / n L ! n ~ .~~R~7~,9,Q.~Cf~~~~l" ~T ~~,»'F'ar~f /'~;S J..~~,r,!'/lrr~i' y n~~ /1;_S~ l~.h_ /„a•,n ;5 ~i S„ ~U~,rr I<<:t,i~r,, ii ~n~ -77'c/ ~ G' -~~,~-Y~7`f!.'>~ Ls~c.tr-.~~,c. c.~i.c ~Y, ~ ;r . G J sinnnturo ._.L....---~~ ~ ~ ~ 7 _ - ~ ~ / I Unit Unto/t irno of action Warning ['y~ I Superr L), 1-ir'l I / "r ~~~-`i/ Surnnton3 tit r ^ G r i ~E~"C h9AY~ 1 41992 r+?~? TOW1V OF VAIL ~ 75 South Frontage Road vain Colorado 81657 303-479 ZI00 ~ FAX 303-479-215T May 13, 1992 Mr. Richard R. Rider 5019 1st Avenue North St. Petersburg, FL 33710 Dear Mr. Rider: The Vail Town Council and its Mayor, Peggy Osterfoss, Ron Phillips, and Ken Hughey appreciated being copied on your letter dated May 1 to Vail Home Rentals. Although both Ken Hughey, Vail's Police Chief, and Kristan Pritz, Vaif's Community Development Director, are researching the areas of amplified sound, zoning restrictions, and enforcement, I wish to take an earlier opportunity to respond to the issue of your accommodations in the Vail area. Based on your description of conditions at Lionshead Center, I wanted to assure you that Vail has a variety of first class, well-positioned, quiet accor;~modations that would provide a restful and relaxed retreat. I would encourage you to contact the Vail Resort Association, which is our local reservations and lodging booking agency in Vail, at their toll free number (1-800-525-3875). I feel certain they can provide comfortable accommodations. . Again, I will forward the results of our departmental research to you as soon as this is put together. Please do not hesitate to contact me if you feel I may be of further assistance. Sincerely, TOWN OF VAIL Pamela A. Brandmeyer Assistant to the Town Manager CC: Vail Town Council Ron Phillips Ken Hughey - Kristan Pritz SENT BY~EAGLE COUNTY ;10-28-92 ; 12 39 ; 3033287207 3034792157;# 2/ 3 Co~isriauar fG17~r'~~ m.~ ~ ..A adoption o! tha foliow~stq Resointiom: BOARD OB COOliTY COIO[IBBIOl1BRe c,~ w,.~~ ~ or ~aLS, ~T~?~ of co~axAUO BEeoLOTZON xo. ~a ~ /.3,6 RBTASLIe~~~TG bI81i RATSB 80R THE EAGLE CCIIINTY LANDFILL 11~~s~AB~ the Hoard of County Cammissiorier of the County of Eagle, 6tata of Colorado {the "Board") has det~.~.~ined that as nearly as possible, the cost of operating the Sagle County is»dfill should be paid from user fees rather than taxes; and WSRBP,AB, the Citizens Qf Ragl® County h8?ve expressed their desire to support a waste recycling program within Eagle County; and y18ffi.tEAB~ the Board has deemed ft at?r~.v~~iate to generate funds for futuace Yandfill mit~,gation and acquisition; NOII, TBERS~'ORE, BE IT RESOL ~ ..,a BY 'YA.ti BOARD OB COORTY COM~[288ION8RB OF THL Ca i~. ~ OF IsAO?,E, B'i'ATL OF COLORADQ: i. That the rates for the use of the Eagle Ct~unty Landfi~.~. be established as follows; Construction Debris $ X4,50 Trash { Compacted or Loose) x.6.50 per tan vnoovered Lflad 7.50 additional per load Minimum Charge Per Load 4.50 Treated Sludges 19.25 per ton Tires: Separated fro~? normal txash 3 . ?5 per tits Not separated 4.50 per fire *(mhen the I,,andf ill Manager determines that suitable areas are available for its disposal) These rates shall include the charge of One Dollar ($I.00) per tan which is paid quarterly to the Colorado Department of Health. ~ . That no car bodies be accepted at any time at the Eagle County Landfill. 3. That the fees to Senior Citiaens (over 65 years) for dumpilncJ their own domeBtic trash co»tir~ue to be waived. S£NT BY~EAGLE COUNTY ;10-28-92 12 40 3033287207-~ 3034792157;# 3/ 3 :I' . l s. That no haaardouB ~r?aete as defined in 40 C.F.Tt. 261 be accepted at any time at the Eagle County Landfill. 5. That contaminated soil may be aCCarLed subject to prior approval and xegulatian by the Hoard of County Crnmmissioners. 6. That any material from outside the County nvt be aoaepted unless ather~rise approved by the Board of County Commisc~ioriera. 3. That the Road and Bridge Supervisor be authorized to give landfill fees where he deems it appxopriate for community clean-up days ar other civic efforts. 8. 't'hat the rates established by this resolution be effective January 1, 199, and thQ previous rates continue until that date. 9. 'ghat this Resolution is necessary far the health, safety and s~telfare of the a.itizens of Eagle County, Colorado. l[OVLD, READ AliiD ADOPTED by the Board of County Commissioners of the Countyf Eagle, Stat® of Colorado, at its regular meeting held the day of October 1492. C~~~..~~+1 Q8 SABLE, STATL of C~Y,oRADO, By aa~d Through Its BoAgD oy co~rrY aor~~ss=o~ERs M ,a b0 By• ~`].erk to the Board of / ~ Richard L. GustQf~san, chairman County Commissioners 1 Donald welch, Chairman Pro Tem Gear Bates, commi.ssivner 2 6N~rsb daslotpd l~eptn 1Q6O Llncvin Streq~ Suf~e X100 Dem?or, CO 80284 Phgrs; (309) 931-6411 CONTACT: Kay Mariea, CML, 831-6411 P4R xMMSDxA'~d A6LRP?Sl~ Sam Mamet, CML, 831-6411 Levine Appointed CHL policy committee Chan Colorado Huniaipal League Presidp~nl: Nary 8rawa 11:,?kt annpuncad the appointment of Vail CouncilmedDex Rob LeVina aR ~hait a~ the League's Policy Committee. Thies committee serves as the etstswi,de legi~al.at~.ve aaa~mittee fox the League on emexgrin~ stets sand >"e~lgral issu~?s of ®unicipal intareat. It alge prsparsa nn ant~uel palipy xtatement on municipal positions Whioh is adopted at the Leagus'ta aumaer aan~erQnoe. Tn announcing tie appointment, 8ra1PA, 9t,~ae~lebpaG Spria88 city Counoi.l President, said, "Rob has been a vary active elected oft:iQial neaober of the League. I have voluted ~t~ls laadership and bsl~.svc that 'West S1©pe ait:tsts and towns end ~cesort communities ai1.1. bs Hell served rtith Aab ae Policy Coa+m3tte~e Chan.' The first meeting of the group takes plaaas on !~©ves?ber 13 in DsnVQr. The Colorado Municipal League ig a npnps?xtigan, statewiQe crganitation of 2S1 member aitiea and towns. vai]. Town Manager Aon Phillips has e8z~red ot~ Chs CHG. dxecutive Hoard. ~'or 1?urtlter ~,nfa:cntation, 8lease contact League ~isaociate D~,reatox San Hamet at 303-831-6411. ne. To: All Interested Parties From: Cherie Paller 476-7384 Date: 26 October 1992 Re: Family Center Meeting next group meeting: Monday, November 16th, 1992 5:30 - 7:00 pm Edwards Elementary School r ti ~ ~ ~ ~ •y. - ~;4 a ' ti~ ADEN ~A Self-Introduction/Representing what organization? Committee Reports: (Nancy, Sharon, Tsu, Peg) Headstart (Kathleen, Jesus) Single Point of Entry (Janet, Colleen) Family Literacy (Pcg, Cherie) Homeless Education (Karen, Cherie) Cities in the Schools (Tsu) ~ Health Care (Nancy) EVCCTF R&R Service (Laurie) CRPP (Kathleen) Emergency Services (Cherie, Kadlleen) FMP (Marge) Basalt/El Jebel ~ . (Deb, Cherie) EAGLE Fund/VVF (Cherie) Funding (Cathy W.) Redcliff Center (Karen, Deb, Linda) Bylaws/Strategic Planning (Millie) Two Rivers Clinic (Heather) .Women's Foundation OTHERS r Announcements Schedule early 1993 Meeting(s)/Set Agenda ` L 1 ~ .,ti u - i C~. ` .1 ~ 1}92 M 1 _ + 1992 1992 .------~----~-u. .~-w^ ^ - 4 i ii - Vail Towr. ~~urlcil 75 S.1~ ~ untage Rd. /V~~ 7'~ ~ s ~~tl p~iscc~sS¢a~ PUBLIC MEETING ON ~Z/! S~ ~ ~ THE PROPOSED VAIL CEMETERY October 27, 1992 AGENDA I. Introductions: Design team, Cemetery Task Force members, participants II. Purpose of the meeting: To gain consensus on the statement of objectives for the project To discuss the site: its constraints, site planning opportunities, sensory qualities To review design program alternatives and options for managing the cemetery III. Statement of objectives 1V. Setting the stage for discussion (brief slide show) What other cemeteries look like and how they function Choices: burial, niches, crypts, memorials Demographics of our valley and how these affect the cemetery program V. Discussion of the site and the program Soils report and geological conditions Site analysis and observations Sensory qualities and views Circulation and other functional requirements Multiple uses, burial options, and other program elements V I. Management options VII. Next steps Charrette (Wed and Thurs, 10/28-29) drop in at 1:00 Thursday to see what's been done Refinement of alternatives for conceptual layout Task Force review of concept alternatives Work sessions with PEC, DRB, Town Council for conceptual review Draft master plan and management report Review of draft master plan in joint work session with Task Force, PEC and DRB Town Council work session on the management and funding recommendations Completion of all master plan components; final public review The Master Planning Team: Alpine International Design, Inc., Vail, 476-0668 Sherry Dorward, Eldon Beck, landscape architects Harley Ellington Pierce & Yee, Detroit Jack Goodnoe, landscape architect (specialist in cemetery site planning) L. F. Sloane Consulting Group, Albany NY Larry Sloane, cemetery management consultant Town of Vail Community Development Dept., 479-2138 Kristan Pritz (director), Andy Knudtsen (project manager) TOWN OF VAIL CEMETERY TASK FORCE Clergy Task Force Rev. Benny Clark Dalton Williams Paul Rondeau Baptist Clergy P.O. Box 1251 930 Fairway Drive P.O. Box 2296 Vail, CO 81658 Vail, CO 81657 Vail, CO 81658 Fr. Ed Poehlman Cissy Dobson Ella Knox Catholic Clergy 996 Ptarmigan 1633 Matterhorn Cr P.O. Box 219 Vail, CO 81657 Vail, CO 81657 Minturn, CO 81645 Fr. David Stitt Hermann Staufer Lou Meskimen Episcopal Clergy P.O. Box 5000 P.O. Box 488 P.O. Box 2296 Vail, CO 81658 Vail, CO 81658 Vail, CO 81658 Rev. Don Simonton Dave Cole Jerry Sibley Lutheran Clergy P.O. Box 5555 P.O. Box 340 P.O. Box 1103 Vail, CO 81658 Minturn, CO 81645 Vail, CO 81658 Rev. Jack Van Ens Chuck Ogilby Peggy Osterfoss Presbyterian Clergy 2938 S Frontage Road Unit #4 P.O. Box 70 Vail, CO 81657 3950 N Frontage Rd Minturn, CO 81645 Vail, CO 81657 J. Padow-Osterfoss Sylvia Shapiro Bob Buckley VRF Member P.O. Box 1448 c/o Vail Assoc. RE 1750 S Frontage Road Vail, CO 81658 P.O. Box 7 Vail, CO 81657 Vail, CO 81658 Becky Cohen Ed Drager Marvin Langer VRF Jewish Alternate P.O. Box 10000A 1593 Matterhorn Cr. P.O. Box 837 Vail, CO 81658 Vail, CO 81657 - Vail, CO 81658 Ron Phillips Sally Johnston Bob Williams LDS Clergy 356 Hanson Ranch Road Pizza Bakery P.O. Box 1581 Vail, CO 81657 549 E Lionshead Cr. Vail, CO 81658 Vail, CO 81657 A BRIEF HISTORY OF A LONG PROCESS: THE VAIL CEMETERY, ca 1971 First local cemetery initiatives mentioned in Town files. June 1973 Whitney Erin Burke was the last person to be buried at the tiny Intermountain pioneer cemetery (on the former Ruder ranch). Cemetery is still there, and it appears to have half a dozen or more graves. Mrs. Burke wrote in 1987 with concern that it was deteriorating. Town then built a new split-rail fence around it and timber steps up to it. Vail Religious Foundation has some money allocated for its upkeep, but would like to pass it on to other management to take care of. 1978 Town Council rejected a proposal from Colo Memorial Parks to build and operate a cemetery. Proposal was submitted after national publicity about the Town's lack of a cemetery. ca 1982 Donovan Park parcel purchased from David Elmore for $3,870,000. Purchase funded through issuance of revenue bonds, with proceeds of RETT pledged to service the bonds. 1985 A "potential cemetery" was shown on the master plan for Donovan Park. 1986 Public opinion survey and public meetings held in conjunction with development of the Vail Land Use Plan indicated that a town cemetery was a priority for the community. The Plan cited 4 parcels with potential for this use. Jul-Aug 86 Cemetery proponents, Town Council and Com.Dev. discussed forming a citizens' committee to assist in developing a plan for a cemetery. Town's Land Use Plan was still in process, so decision was delayed until its completion because it was to designate several alternative sites for a cemetery. Jan. 87 Land Use Plan was completed, and the idea of a citizens' committee revived. Council directed Com.Dev. staff to do a site analysis of possible cemetery locations (the 4 identified in the Plan plus 9 others) and to review their relative suitability. Mar-May 87 Cemetery Task Force organized, began to educate itself and conduct site visits. Latc 87 Peter Jamar Assoc. hired to conduct the site analysis, under the direction of the Cemetery Task Force. Jamar's report identified criteria for suitability and recommended the upper bench of Donovan Park as the best choice. ]/19/88 Town Council meeting presentation of committee's process and Jamar's recommendations. Council moved to approve the recommendation of Donovan Park and "instructed the committee to continue working on their goals." A public workshop discussion was proposed prior to scheduling any public hearings. 4/6!88 Cemetery work session with Council and the Cemetery Task Force to discuss proposed Donovan Park site. October 88 Council voted to amend the Agricultural and Open Space zone district to include a cemetery as a conditional use (Ordinance 30 of 1988). 3116/89 Com.Dev. (Pylman) submitted a draft report to Council detailing critical issues in proceeding with a cemetery development. Cemetery History, page 2 5/10/90 Chuck Ogilby, Phoebe Barrett, Chuck Malloy applied for a special use permit to designate a 2-acre site on their 80-acre parcel as a cemetery. Site is 1/4 mi. SW of the Shrine Pass Summit. Five people are already buried there. 7/24/90 A public meeting was held to discuss the Donovan Park site. Neighbors expressed strong opposition. The Cemetery Task Force met afterward and a majority voted continued support of the Donovan site in spite of the opposition, but raised more points for Council to consider. 7131./90 A final Cemetery Report was submitted to Council which also outlined general directions for design, management, and financing and recommended additional work in all these areas to clarify the concept. 7/31/90 Town Council work session Council asked Com.Dev. staff to look at the suitability of 5 additional sites. 8/2]/90 Town Council meeting cemetery site evaluation process discussed and Donovan Park still recommended as the most suitable. Council moved to approve the upper bench site, "with the conditions that no buildings would be on the site, the design would maintain the naturalness as conceptualized by the Cemetery Committee, an effort be made to buffer the residential areas as much as possible, and directions to staff to proceed with the management, design, and financial options." March 92 Selection process was initiated to hire a design and management consultant team to do a master plan for the Donovan Park cemetery. Final selection was made in August and a contract approved by Council 9/15/92. Sept. 92 First public meeting of the Cemetery Task Force and interested citizens was held with the new design team on 9/30/92. Jan. 93 Expected completion of a master plan for the cemetery on the Donovan Park site. (See the project's "Statement of Objectives" for an outline of tasks to be included in the effort.) VAIL CEMETERY STATEMENT OF PROTECT OBiECTIVES October 27, 1992 OVERALL MISSION STATEMENT To produce an implementable cemetery master plan that serves the varied needs of the greater Vail community now and into the future, that complements our natural surroundings, and that engenders community pride and involvement. TASKS OF THE CONSULTING TEAM 1. To design the cemetery: to develop concepts for its physical layout and aesthetic character that meet the needs and expectations of the valley's population, that blend with the natural site, and that assure proper functioning from the initial stage of development. 2. To develop a workable management plan: to recommend an operating scenario that takes best advantage of existing public financial and human resources. 3. To produce a total master plan package: to demonstrate that the proposed cemetery responds to community needs and is a product of a thorough public process; to provide a permanent record of the design rationale, and to specify how it should be implemented, funded, and phased. PRODUCTS 1. Master Plan: a conceptual design, in graphic and written form, for the cemetery's layout, composition, and character. 2. Management Plan: written recommendations for the cemetery's organizational and managerial structure and a plan for its initial and ongoing operation. 3. Implementation Plan: a report outlining costs by recommended development phases, financing mechanisms, and steps required for implementation, including approval by the public. GUIDING PRINCIPLES 1. That the cemetery plan shall be community-driven. The citizens of the Upper Eagle Valley should be involved not only in the design of the plan, but also in the development of the cemetery and in its ongoing maintenance. 2. That the cemetery plan shall be environmentally sound. Environmental factors, such as water resources and geological constraints, must be respected in the design and operation of the cemetery. 3. That the aesthetic character of the cemetery shall complement its natural surroundings. The cemetery should appear as natural as possible in the landscape and have a low visual impact on the neighborhood. 4. That an opportunity exists to use the cemetery to strengthen the sense of community and the public's awareness of the area's natural and cultural history. 5. That the products submitted be implementable and provide a model methodology for public involvement in other town-sponsored projects. Vail Cemetery RFP Design and Planning Process RESEARCH ANALYSIS CONCEPTUAL DESIGN FINAL DESIGN DESIGN SITE INVENTORY SITE CONSTRAINTS GENERATION OF DRAFT MASTER PLAN ' •Slope ALTERNATIVES AND GUIDELINES 'Alpine 'Visual quality SITE SUITABILITY =Access and parking 'Review loternational •Contextual forces AND CAPABILITY schemes •Final revisions 'Character and theme •HEPY COMMUNITY NEEDS DESIGN =Facilities layout DEVELOPMENT AND EXPECTATIONS OPPORTUNITIES 'Build-out phasing COST ESTIMATE *Community input •Statement of goals FINAL DRAWINGS AND and objectives D MASTER PLAN DOCUMENT C~ G MANAGE- DEMOGRAPHICS MANAGEMENT ~ MANAGEMENT MANAGEMENT MENT 'Population PROTOTYPES ~ RECOMMENDATIONS PLAN 'Public or private WVritten report ISSUES characteristics "Operational N operation •Operating cost/ •Actuarial patterns scenarios N *Stafl-mg revenue pro forma •L.F. Sloane •"Market" area •Revenue%xpense (q !Cost and revenue •Staff job Consulting assessment analysis (typical) O .projections for descriptions Group Z SUPPLY/DEMAND each scenario PROJECTIONS PUBLIC rTown staff EVALUATION OF STAFF REVIEW REVIEW 'Cemetery committee ALTERNATIVES •Neighborhoods 'Town staff FINAL PEC, DRB rI'own Council APPROVAL 'Public meeting 'Cemetery committee rl'own Council •Public meeting TOWN COUNCIL Eagle Valley religious leaders •Neighborhoods PRESENTATION •PEC, DRB concept review f O y alpine international October 27, 1992 Dear Vail Valley Resident: The Town of Vail has selected us to lead a consulting team that will develop a master plan for a cemetery on the upper bench of the Donovan Park site. There is no municipal cemetery in the Gore Valley now, and local residents have been working to develop one for over fifteen years. In 1990, Vail's Town Council selected the Donovan Park site after considering a number of possible locations. Now that we are beginning to talk about how the cemetery might be designed, we need your input and opinions. It seems a rather simple exercise to design a cemetery, but in fact, there are manv choices and the site is a sensitive one. We need to be responsive to numerous factors, including the sensitivity of the neighborhood; the needs and wishes of local residents for various forms of burial space; the costs of developing and operating the cemetery and how these will be funded; and the expectations of the community for the long-term character and use of the site. The questionnaire attached to this letter is one tool that will help us understand your views and needs. The information you give us will be carefully considered and kept completely confidential. Please take a few minutes to consider our questions and your thoughts, and return the questionnaire to our address as soon as you are able. We value your views and thank you for your participation. Sincerely, Sherry Durward landscape architecture and urban design in mountain communities and high-altitude environments 500 Fast Lionshead Circle, Suite 301 Vail, Colorado 81657 (303) 476-0668 FAX (303) 476-7660 171 Carlos Drive San Rafael, California 94903 (415) 491-4722 FAX (415) 479-6718 VAIL CEMETERY SURVEY _ e (1) Name Address Phone ( ) (2) Years living in the Vail Valley Marital Status Number of children (3) Do you presently own cemetery property? Yes No if so, in what cemetery? (4) If not, and if the Town operated a cemetery, would you select property at the Vail Cemetery in the future? Yes No Maybe (5) As the cemetery is developed, do you think it should provide: (a) Traditional in-ground burial space _Yes _No _Not Sure (b) Visible, upright markers or monuments _Yes _No _Not Sure (c) Above-ground burial crypts _Yes _No lNot Sure (d) Options for those who wish cremation, such as niches or scattering gardens _Yes _No _Not Sure (e) A way for residents buried elsewhere to be memorialized in Vail _Yes _No _Not Sure (6) Would you encourage these other passive uses of the cemetery: (a) A nature trail through native gardens _Yes _No _,Not Sure (b) Monuments interpreting the natural history of the site and the valley _Yes _No _Not Sure (c) Markers explaining our cultural history _Yes _No _Not Sure (d) Passive recreational uses _Yes _No _Not Sure (walking, jogging, and the like) (7) Would you favor or oppose the following: (a) A pavilion or gazebo on the site for visitors or funeral services _Yes _No _Not Sure (b) Permit anyone to purchase space here _Yes _No lNot Sure (c) If non-residents are permitted use of the cemetery, then charge a higher fee to non-taxpayers _Yes _No _Not Sure (8) Any other thoughts? Please use the back side for any other comments you wish to make. Please be assured that your individual replies will be held in confidence to assist the study and used for no other purpose. Your participation is deeply appreciated. / 6..ri~ Y v C :OCj 2.9 ' - vED ~ . ~ - _ j Goy Co~~~ ~ - ~ - _ . . - ~ '2$~ 19.92: ~ ~ - O~tOber.. - ~ . , 1 v ~ -,phillips, 1 da - n > _ .Town V a.il Road - . Towngog hFrontage _ , . ~ _ 7 ' 75 8165 dated _ ou Vail , ipss ~ Suter S ed wO ds and th . 11. - e - Dear Mr . ,phi - 7."o$~,Ze f or yeral wisp ven be a ~r grasp of - 7.d like to a contained What S. bel to get a bett co~cerning S wou er 2a which corre~~ed ou ,migh issues ~ apolog9 . Oct~b . Shave so that y Safety adept , b=ases •,hical exr° to say- r~gar• Again ~ F de not adequately , - P . - tYpog~,aWas, trylnGolf ;Course,' ou that di what Creek tter. to. y . ~ . _ . Booth , a .le - _ - for Submittl importance;. incere y ~ -es ' n, ,Znc • - . - reflect_..lts - - - _ k a•.le _ - . - ~ lC ' J - .t - ~ - - . _ ~ _1 k Bailey . - _ ~ c , - - . _ _ _ RRB~sb b Robinson ~ - ~ c ; Ro - = J _ - _ , ~o~a1e, ~ 852 _ _ ~ • • - ~ lanTrail 'Spu~tFPX602.951-2Qn 8070 E• M°602.95120 ;r ~ J - , _ _ - . - ~ DICK BAILEY DESIGN,,INC. GOLF COt;RSES - October 20, 1992 ~ . • . - ~ Mr. Rondall V.' Phillips ~ - ' Town Manager : , - - _ ~ , . Town of Vail ~ _ - 75 ,South Frontage Road ~ . Vail;"'.CO .81657 - _ ~ - - _ Dear Mr. Phillips: ~ ~ ' - ~ ~.I am pleased to respond to the issue of safety as it relates - to .the Booth Creek Golf Course. This is a topic that has been widely discussed at a'.number.of public meetings. 'The. - ~ - reason for-concern is not without .basis, The Vail Recreation District expressed safety concerns to me at our first ~ - discussion regarding the development of this site as a public recreational amenity. The site is constrained in a number, of : - respects; most importantly-the -long, narrow configuration which makes the safe ;passing of golfers a reasonable concern. - Openly .expressing these concerns to me, I was hired by the Vail Recreation District to do ,what I•characterize,as a - "disaster check." Simply stated, this is a routing or, as - was the case in this instance, a.n.umber of routings to determine whether or not,t$e site is suitable for the - - proposed use. In pursuing this issue it became clear that..a _ _traditiorial or 'conventional solution was .not going to satisfy .r~." . the guidelines stated. by the Vail Recreation District Board.. " ^ - I advised the~Board that in order to safely accomplish their goals on .this--site, .the-.proposed par three golf course would'. - be limited to golf holes of a minimum of 70 yards in length . to approximately•130 yards .as a maximum distance.- The Board concluded that they would -prefer ~to have a course that 'was on ' the short side that was safe and enjoyable to play than-ruri ' - _ - the ,risk of-a longer course which would cause a concern for - _ the safety-of :the players and,the adjacent property .owners. , - Upon being hired by the Vail Recreation District to create - the design development drawings and subsequently the :working- " . ,L drawings. and spec.ificat.ions for-.this golf course, I closely - - followed .the guidelines ;I was given at the onset and those = which I. f e•lt would be :appropriate to create the quality of - experience which we .all. wish .to, provide with -this golf, ~ _ . amenity. The concession to overall length was made 'as- we ~"had - . agreed would be necessary. Some of the - .golf holes in - - - critical areas are as ,short as-70 yards in length.- In the ' most `constrained center portion of the site,-the holes-have. been "leap frogged" to avoid the difficult passing conditions to which I referred to .previously. - - _ 8070 E. Morgan Trail • Suite 100 • Scottsdale, AZ 85258 - - " ' - ~ 602-951-2050 • FAX 602-951-2072 R~C~IV~~ 001' 2 g ~ The golf course routing was done iri a sensitive manner to• respect the interests of the adjacent property owners and the users of adjacent properties, whether it be private homesites: . - or public thoroughfares. An effort-has ..been made .to assure. • that golf shots are being struck- away from existing homes.. Given the length of shots being struck on holes paralleling" Interstate 70, I have a high level of confidence that = ~ motorists are safe from errant golf shots. ~_While these golf shots are being struck with short irons, the ,clearance from centerline of the golf hole to -the westbound lane of the • highway is adequate for shots being struck by long irons and ~ drivers. Landscaping is provided as an aesthetic enhancement and a . safety aid. Both deciduous and coniferous trees will be " planted in the play area to provide definition and, in some • instances, °screening.for the sake of safety. By that., I mean trees will be used in close proximity to tees as directional aids. An additional benefit of these trees is their ability ' to knock down errant golf shots which have been pushed; _ pulled or shanked from the tee. This entire issue of safety as it relates to the proposed . Booth Creek Golf Course was blown out of perspective when Dick Phelps wrote his April~l, 1992, letter. highlighting what he believed to be an unsafe site for the purpose of a par • three golf course. In fairness to Mr. Phelps,••his reaction - to the best of my knowledge, was based on a_minimum amount. of~: base material and .the assumption that traditional solutions were being sought here. Perhaps, had Richard Phelps had the. same conversations with the Vail Recreation District Board - that I had, his reaction might have been. significantly. _ different. My intent in writing this letter is not to rebutt_.._~ any of Mr. Phelp's comments, nor make any assumptions for .him • as to why he drew the conclusions he drew. It does ~ : highlight, however, that reasonable 'men can -differ when confronted with seemingly similar circumstances. • • Golf is neither a precise nor scientific exercise. If the ~ - concern exists that golf halls will,. from time to time, cross beyond the boundaries of the Booth Creek Golf Course, I assure you in all likelihood, they will. Wi11'the playing..of` . ~ - this golf course be a safe and enjoyable experience? Mp . answer to that question is_an emphatic, yes. - _ , - ~ ick ai e -Des n, Inc: : ~ ~ . ~ . dick Bailey - . RHB/sb cc: Rob Robinson - • . . . ~ . w COLORADO ASSOCIATION OF SKI TOWNS I MEETING REMINDER DECEMBER 10-11, 1992 VAIL Agenda items include: 1) Role/Mission of CAST (continuing discussion), 2) General Election results anc implications (including TABOR Amendment and School Finance Act, 3) Legislative Tour. Working lunch at meeting, targeted end of meeting at 2:OOPM. IMPORTANT---MAKE ROOM RESERVATIONS BY NOVEMBER 20 BY CALLING THE ANTLERS LODGE IN .VAIL AT 1-800-843-8245, Identify CAST group, receive one FREE room/town with additional rooms at the special rate of $97.50/nt. . IMPORTANT---RECREATION DIRECTORS INVITED A number of our members have ice rinks in operation or it the planning stage. Bring the appropriate representativE to participate in a break out discussion on ice rinks anc any other recreation items of interest. IMPORTANT--REMEMBER NEW SCHEDULE--SKIING ON THURSDAY Look for lift ticket instructions in the packet. IMPORTANT--LEGISLATIVE TOUR COMMITTEE MEETING AT THE, ANTLERS LODGE AT 3:OOPM MEET IN THE LOBBY Agenda/packet to follow. See you in Vail. /O-3a -9y GROUND LEASE THIS LEASE is made and entered into on the !day of , 1992, by and between the Town of Vail, Colorado, a Colorado municipal corporation ("the Lessor"), and The Vail Recreation District, a quasi-municipal corporation ("the Lessee"). WITNESSETH THAT: 1. LETTING OF PREMISES AND THE HABENDUM. LESSORS, for and in consideration of the rents, covenants, and agreements hereinafter mentioned to be paid, kept and performed by LESSEE, or by any successor of LESSEE, have let and leased, and do hereby let and lease unto LESSEE all that certain unimproved tract, lot or parcel of land, situate in the County of Eagle and State of Colorado, more particularly bounded and described as follows, to wit: XXX TO HAVE AND TO HOLD the above-described unimproved tract, lot ar parcel of land hereinafter referred to collectively as "the leased premises". UNTO LESSEE for the full period of forty-five (45) years, commencing at noon on the date of this Agreement, and ending at noon on the forty-fifth (45th) anniversary of the date of this Agreement, all upon the specific terms, covenants and conditions of this lease, unless sooner terminated as hereinafter provided. The said forty-fifth (45th) year period is hereinafter sometimes referred to either as "the term of this Agreement" or as "the lease term." 2. WARRANTIES OF LESSORS. LESSORS WARRANT that they have the right to lease the leased premises and LESSORS covenant with LESSEE that, conditioned upon LESSEE's faithful pertormance and observance of LESSEE's covenants contained herein, LESSEE shall have, from the date of this Agreement, quiet and peaceable possession of the leased premises during the lease term, subject to this Agreement, and LESSORS will defend LESSEE's possession against any and all persons whomsoever. This Agreement and the lease term shall, however, expire and all rights of LESSEE hereunderterminate automatically upon the expiration of the term of this Agreement without notice or demand upon LESSEE. 3. COVENANTS OF LESSEE. LESSEE has and does hereby hire and lease the leased premises, subject to the foregoing, for the term of this Agreement and agrees with LESSORS, their agents, heirs, successors trustees, personal representatives and assigns, that, as payment and consideration to LESSORS for the benefit accruing to LESSEE from the use and occupancy of the leased premises, LESSEE covenants and will, and hereby does, bind itself, its successors and assigns, as follows: 3.1 Construction of Nine-Hole Par 3 Golf Course. LESSEE will commence the construction of a nine-hole par 3 golf course in 1 accordance with the plans and spec'rfications attached hereto and by this reference made a part hereof as Appendix "A", no later than ,and will complete the same as therein specified on or before the first day of No major change shall be made (either during or after construction) in the said plans and spec'rfications, either as to the designation of golf course tees and greens, except as may be otherwise provided in this Agreement, or as may be otherwise provided in this Agreement, or as to the spec'rfic layout and location of any portion of the golf course and other facilities located on the leased premises as therein shown, without the prior written approval of LESSORS, which approval shall not be unreasonably withheld. Changes may, however, be made therein, as to the golf course and other facilities located outside the boundaries of the leased premises, provided the course par and yardage totals are not substantially altered from those thereon shown. Should LESSEE be delayed in the prosecution or completion of construction by the act or neglect of LESSORS, or by any delay caused by fire, war, inclement weather, or other casualty, for which LESSEE is not responsible, or by combined action or strike of workmen in nowise caused by or resulting from default or collusion on the part of LESSEE, its agents, contractors or employees, then the time herein fixed for the completion of construction shall be extended for a period equivalent to the time lost by reason of any and all causes for such delay. 3.2 Use of the Leased Premises. LESSEE will use the leased premises for the operation of a nine-hole par 3 golf course and other facilities related thereto, and may also use the leased premises for cross country skiing during the winter season. LESSEE will conform to and observe all statutes, ordinances, rules or regulations which may be adopted by the state, county, and local governments or their authorities relating to the use or maintenance of the leased premises within their respective jurisdictions, and will not, during the lease term, permit the same to be used for any illegal or immoral purposes, businesses, or occupations whatever. LESSEE shall obtain all required TOV permits and approvals for the construction and operation of the golf course. A golf clubhouse may be built upon the leased premises. Any such golf clubhouse shall consist solely of facilities ordinarily available in such structures operated in conjunction with golf courses, but no lodging or full-service restaurant facilities shall be constructed or maintained on the leased premises. A snack bar may be maintained in any golf clubhouse built on the leased premises. 3.3 LESSEE Not to Commit Waste. During the term of this Agreement, LESSEE shall keep and maintain the leased premises in a condition as good as or better than the condition of the leased premises on the commencement date of condition of the leased premises on the commencement date of the term of this Agreement, and LESSEE hereby covenants and agrees not to commit waste of the leased premises or any part thereof and shall not cut, remove or destroy any live trees with LESSORS' prior written consent, except for the cutting and removal of trees as may be necessary in order to accomplish the construction or maintenance of the golf course and other recreational facilities as specrfied or approved pursuant to 2 - paragraphs 3.1 and 3.2 of this Agreement. 3.4 Failure to Use the Leased Premises as Restricted. In the event that LESSEE does not use the leased premises for golf course purposes for three (3) consecutive playing seasons at any time during the term of this Agreement, then at the end of the third such playing season, LESSORS may, at their option, elect to terminate this Agreement by giving written notice to LESSEE of LESSOR's election. Should such use by LESSEE be prevented, however, by the actor neglect of LESSORS, or by war or other extraordinary condition beyond LESSEE'S control and for which LESSEE is not responsible, then the time herein fixed shall be extended for a period equivalent to the time lost by reason of such cause or causes. 3.5 Annual Rentals. LESSEE will, during the iea'se term, pay as rent nine percent (9%) of LESSEE'S gross sales. The term "gross sales" is hereby defined to mean the total dollar value of all fees arising out of or payable on account of the business of the golf course and the total amount of the dollar value of all sales of food and merchandise and all revenue of every kind and character derived from, arising out of, or payable on account of all business conducted and transacted at the golf course clubhouse and snackbar. 3.5.1 Accounting. Within sixty (60) days after the end of each lease year, LESSEE shall cause to be delivered to the LESSOR a cert'rfied report audited in accordance with generally accepted audited standards by an independent certffied public accountant which shall set forth the gross revenues during such lease year. The report shall be prepared and filed pursuant to the Colorado Local Government Audit Law. The LESSOR shall have the right to examine during regular business hours at the offices of the LESSEE all books and records of the LESSEE in any way pertaining to the business transacted in or from the leased premises. If upon any examination by the LESSOR of the books or records of the LESSEE an error shalt be revealed which results in there being due to the LESSOR additional percentage rent in excess of five hundred dollars ($500.00), then the reasonable costs of such examination shall be paid by the LESSEE to the LESSOR. 3.5.2 Moratorium on Rentals. During the first five (5) lease years commencing with the signing of this lease, LESSEE shall not pay any rentals, not withstanding any other provision of this Agreement, except that to the extent LESSEE shall have revenues from the operation of the golf course during said five (5) year period in excess of the cost of such operation. In such event, LESSEE shall pay the LESSOR nine percent (9°I°) of such excess. 3.5.3 Lease Year. Each lease year shall commence at noon on the day and month of the date of this Agreement and end at noon on the day and month of the date of this Agreement in the following year. 3 3.5.4 Annual Rentals to be Net. _ The annual rental to paid hereunder shall be fully net to LESSORS and no costs, expenses or other charges shall be deducted from or charged against said rentals by LESSEE prior to payment thereof to LESSORS. 3.5.5 Taxes and Other Public Charges. LESSEE will pay all ad valorem taxes, assessments and any other public charges levied or assessed by the federal, state or local governments upon the leased premises, this lease Agreement, the rents herein reserved, and any improvements erected thereon, and will at all times save LESSORS harmless from the payment thereof. No liability for the payment of taxes, assessments or other charges imposed by federal, ,state or local government laws, or the laws of any foreign country, upon the income of LESSORS or upon the passing or transfer of LESSOR'S interest in the leased premises is assumed by LESSEE by reason of this provision. Nothing in this Agreement shall be construed so as to prevent the LESSEE from contesting, at its own expense, any lien, claim or charge of any kind with regard to the leased premises or any improvements thereon. LESSORS may, at their election, required LESSEE to furnish reasonable security for the payment of any liability, costs or expense resulting from such contest by LESSEE. At the date of this Agreement, the parties are unaware of any public charges other than those assessed on an ad valorem basis which LESSEE is to pay, but 'rf any such public charges should become payable by reason of LESSEE's use and occupancy of the leased premises, LESSEE will at all times save LESSORS harmless from the payment thereof. . 3.8 Indemnrfication of Lessor. LESSEE agrees to indemnify and hold harmless the LESSOR, its officers, employers, and agents from and against all liability, claims, and demands on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the design or construction of the Par-3 Golf Course, or are in any manner connected with this lease, 'rf such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or part by, the act, omission, error, professional error, mistake, negligence, or other fault of the LESSEE or any contractor or subcontractor of the LESSEE, or any officer, employee, representative, or agent of the LESSEE or any contractor or subcontractor of the LESSEE. LESSEE agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or damages at the sole expense of the LESSEE. The LESSEE also agrees to bear all other costs and expenses relating thereto, including court costs and attorney's fees whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 3.8.1 Insurance. . LESSEE agrees to procure and maintain, at its own cost, the following policies of insurance: 4 (A) The LESSEE shall require any contractor it retains to do any work on the leased premises relating to the construction of the golf course and any improvements thereon, to procure and maintain commercial general liability insurance with minimum combined single limits of five million dollars ($5,000,000.00) each occurrence and five million dollars ($5,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include, but not be limited to, coverage for bodily injury, broad form property damage including completed operations, personal injury including coverage for contractual and employee acts, blanket cornractual, independern contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interest provision, and shall name the LESSOR as an additional insured. (B) LESSEE shall require any cornractor to procure and mairnain comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than five million dollars ($5,000,000.00) each occurrence and five million dollars ($5,000,000.00} aggregate with respect to each of the cornractor's own, hired, or non-owned vehicles assigned to it or used in the performance of the services. The policy shall name the LESSOR as an additional insured. (C) LESSEE shall require any archftect or design professional who provides professional services to the LESSEE relating to the design of the golf course and any improvements thereon to obtain professional liability insurance with minimum limits of five hundred thousand dollars ($500,000.00) each claim and one million dollars ($1,000,000.00} aggregate. (D) LESSEE shall procure and maintain for the entire term of this lease and any extension thereof commercial general liability insurance with minimum combined single limits of five million dollars ($5,000,000.00) each occurrence and five million dollars ($5,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include, but not be limited to, coverage for bodily injury, broad form property damage including completed operations, personal injury including coverage for contractual and employee acts, blanket contractual, products, and completed operations. The policy shall name the LESSOR as an additional insured. (E) LESSEE shall procure and maintain for the term of this lease and any extension thereof, a public official errors and omissions policy with a minimum limit of five million dollars ($5,000,000.00.) (F) Every policy required by this paragraph shall be primary insurance, and any insurance carried by the LESSOR, its officers, or its employees, shall be excess and not contributory insurance to that provided by any contractor of the LESSEE or the LESSEE. LESSEE shall, prior to entering into possession of the leased premises, provide the LESSOR with cert'rficates of insurance evidencing that the policies required to be procured and maintained by the LESSEE during the term of the lease are in full force and effect and requiring LESSEE to give LESSOR sixty (60) days notice of reduction 5 of coverage or cancellation. In addition, LESSEE shall provide LESSOR with a certificate of insurance indicating that any design professional who is performing work for the LESSEE relating to the leased premises and any contractor doing work for the LESSEE relating to the leased premises has procured policies providing the required coverages, conditions, and minimum limits as set forth in the paragraph are in full force and effect and the cert'rficates shall further require sixty (60) days notice of reduction of coverage or termination of policy. (G) Failure on the part of the LESSEE to procure or maintain policies the required coverages, conditions, and minimum limits as set forth in the paragraph, or failure on the part of the LESSEE to require any design professional or contractor to procure such policies shall constitute a material breach of this lease agreement which may cause the LESSOR to immediately terminate this lease or, at its discretion, the LESSOR may procure or renew any such policy and may pay any and a{I premiums in connection therewith, and all monies so paid by the LESSOR shall be repaid by the LESSEE to the LESSOR upon demand. 3.9 Minerals and Water LESSEE shall have no right to prospect in, drill, mine or operate for, or take and remove from the leased premises or any part thereof any oil, gas, rods, sand and gravel, and other minerals, or water, except as expressly authorized or provided herein. 3.10 Entrv for Inspection LESSORS, or their agents, may at their option go upon the leased premises at any reasonable time to inspect the same. 3.11 Expenses. LESSORS shall have no liability far any of LESSEE's expenses of design construction, maintenance or development of the golf course and other facilities mentioned in paragraph 3.1. 4. COVENANTS OF LESSORS. It is further agreed by LESSORS, in consideration of the rents and covenants to be paid or herein made to be kept by LESSEE, that LESSORS covenant and will and hereby do bind themselves, their successors and assigns, as follows: 4.1 Use of the Leased Premises. LESSORS covenant that the leased premises may be used for the purposes set forth herein and that LESSEE shall have exclusive use of the leased premises, subject to the terms of this Agreement. 5. CONDITIONS OF GRANT. 5.1 Default. The occurrence or existing of any one or more of the following events or 6 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 fait to perform or observe any of the covenants contained in this lease and such default shall continue for ten (10) days after the date of written notice from the LESSOR to the LESSEE; (C) This lease or the leased premises or any part thereof shall be taken upon execution of or other process of law directed against LESSEE or shall be taken upon or subject to any attachment at the insistence of any creditor of or claimant against the LESSEE, and such attachment shall not be discharged or disposed of within fifteen (15) days after a levy thereof; (D) LESSEE shall vacate or abandon the premises or as set forth in paragraph 3.4. (E) LESSEE 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 (iv) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under any bankruptcy or insolvency law or an arrangement with creditors or take advantage of any insolvency law or file an answer admitting the material allegations of the petition filed against the LESSEE in any bankruptcy reorganization or insolvency proceeding; (F) The entry of a court order, judgement or decree without the application, approval, or consent of the LESSEE approving a petition seeking reorganization of LESSEE under any bankruptcy or insolvency law or appointing a receiver, trustee, or liquidator of LESSEE or LESSEE'S interest in this lease, or adjudicating LESSEE a bankrupt or insolvent, and such order, judgement, or decree shall not be vacated, set aside, or staid within thirty (30) days from the date of entry. 5.2 Remedies. if LESSEE shall default under this lease, LESSOR 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 LESSOR shall preclude the exercise of any other right or remedy whether set forth or existing at law or equity: (A) LESSOR shall have the right to terminate this lease by giving LESSEE notice in writing at any time. No act by or on behalf of LESSOR, such as entry of the premises by the 7 LESSOR to perform maintenance and repairs and efforts to relet the premises, other than giving LESSEE written notice of termination, shall terminate this lease. If LESSOR gives such notice, this lease and the term hereof as welt 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 dates spec'rfied in such notice as 'rf such date were the expiration date of the term of this lease without the necessity of re-entry or any other act on LESSOR'S part. Upon any termination of this lease, LESSEE shall quit and surrender to the LESSOR the leased premises. It this lease is terminated, LESSEE shall remain liable to LESSOR for all rent and other sums accrued and unpaid to the date of the termination of this lease. (B) LESSOR may, without demand or notice, re-enter and take possession of the leased premises or any part thereof and repossess the same as of the landlord's former estate and expel the effects of any and all persons without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or otherwise relieving LESSEE of any obligation in accordance with this lease. Should LESSOR elect to re-enter as provided for in this Section, or should LESSOR take possession in accordance with legal proceedings or in accordance with any notice provided for by law, LESSOR may from time to time without terminating this lease re-let the premises or any part thereof for such term or terms and at such rental or rentals and upon such other conditions as LESSOR may in its absolute discretion deem advisable, with the right to make alterations and repairs to the leased premises. No such re-entry, repossession, or re-letting of the premises by LESSOR shalt be construed as an election on LESSOR'S part to terminate this lease unless a written notice of termination is given to LESSEE by landlord. No such re-entry, repossession, or re-letting of the premises shall relieve LESSEE of its liability and obligation under this lease, all of which shall survive such re-entry, repossession, or re-letting. Upon the occurrence of such re-entry or repossession, LESSOR shall be entitled to the amount of the monthly rent, and any other sums, which would be payable hereunder, if such re-entry or repossession had not occurred, less the net proceeds, if any, of any re-letting of the premises after deducting all of LESSOR'S expenses in connection with such re-letting, including, but without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, alterations costs, and expenses of preparing for such re-letting. LESSEE shall pay such amount to LESSOR on the days on which the rent or any other sums due hereunder would have been payable 'rf possession had not be retaken. In no event shall LESSEE be entitled to receive the excess, 'rf any, of net rent collected by the LESSOR as a result of re- letting over the sums payable by LESSEE to LESSOR. 6. IMPROVEMENTS AT EXPIRATION OF TERM. At the expiration of the term of this Agreement, or upon termination as elsewhere provided herein, LESSEE may, at its option, remove any buildings and structures located on the leased premises at the time of expiration, provided that LESSEE shall not at such time be in default in the performance of 8 any of the terms and covenants of this Agreement. LESSEE shall have three (3) months after the date of such expiration or termination of this Agreemern in which to remove all such buildings and structures. In the event that LESSEE shall not remove such buildings or structures, or both, within said three (3) month period, then all of the buildings and structures so remaining on the leased premises shall become the property of LESSORS. 7. INDEMNITY AGAINST COST OF LIT{GATION. LESSEE will pay to and indemn'rfy LESSORS against the payment of all legal costs and charges, including all reasonable counsel fees, lawfully and necessarily incurred by LESSORS in the defense of any suit to discharge the leased premises, or any part thereof, from any liens, judgments or encumbrances created by LESSEE against the same, or against LESSEE'S lease-hold estate, or any legal costs and charges, including all reasonable counsel fees, lawfully and necessarily incurred by LESSORS on accourn of proceedings to obtain possession of the leased premises by LESSORS from LESSEE or others claiming right of possession by, through or under LESSEE after termination of the lease term by forfeiture or otherwise. 9. LESSORS MAY CURE CERTAIN DEFAULTS OF LESSEE. In the event that LESSEE shall fail or refuse to pay any sum or sums when due as required by the terms of this Agreement, except for the payment of rents, LESSORS may, at the election, pay any such sum or sums, including insurance premiums for policies required by the provisions of this Agreement. Any sums paid by LESSORS on behalf of LESSEE shall be immediately due and payable by LESSEE to LESSORS, together with interest thereon at the rate of twelve percent (12%) per annum from the date of payment by LESSORS, and in the event that LESSEE shall fail to pay any and ail such sums to LESSORS within ten (10) days after written demand is made by LESSORS, then LESSORS may elect to terminate this Agreement. 10. LESSOR'S LIEN UPON LEASEHOLD ESTATE. LESSORS shall have a valid and first lien upon the leasehold estate created herein for the payment of all rents reserved and all amounts becoming due hereunder by reason of any engagemern of LESSEE. No act done or suffered to be done by LESSEE shall in any manner affect the reversionary estate of LESSORS in the leased premises or their lien hereby created. Unless specifically provided for herein, nothing herein contained shall authorize LESSEE to pertorm any act on LESSORS' behalf which may in any way encumber of change the title of LESSORS' interest in the leased premises. 11. RIGHTS OF PARTIES IN CASE OF APPROPRIATE TO PUBLIC USE. If any portion of the leased premises be taken by public appropriation, under right of eminent domain, there shall be a proportionate abatement of the rent thereafter to be paid, corresponding to the proportion which the value of the land so taken (exclusive of improvements) at the time of the taking, may bear to the value of the entire leased premises (exclusive of improvements) at the time of taking. 9 0 LESSORS shall receive as their proportion of the entire damages sustained from such appropriation, the ` present worth of future rents abated in the manner described above, and it is understood and agreed that future rents due under this Agreement shall be taken into account in any eminent domain proceedings, without regard to this right of proportionate abatement. The remainder of the damages awarded shall be received by LESSEE as its portion. If the entire leased premises be so taken during the term of this Agreement, it shall thereupon be taken to be wholly temlinated and the damages awarded for the entire taking (exclusive of improvements) shall be divided between the parties as provided above. In case the parties shall not be able to agree upon the proportion of value of the leased premises taken, within a period of ten (10) days after the time of taking, then each of the parties shall select a member of the American Institute of Real Estate Appraisers, resident in thee State of Colorado, as an arbitrator, and notify the other of his choice within five (5) days thereafter. The two appraisers so chosen shall within ten (10) days thereafter select a third member of the American Institute of Real Estate Appraisers, resident in the State of Colorado, and the three (3) so selected shall proceed to fix such proportion of value as above provided and make their report in writing to the parties. The report and award of any two of them shall be binding upon the parties. Should either party fail to so select and notify the other within a period of five (5) days after being so notified of the selection by the other, then the right to select a second arbitrator as if selected by the defaulting party, shall be vested in the person then occupying the position of the presiding judge of the judicial district of the State of Colorado having general jurisdiction over the leased premises. In case such proportion of value shall not have been fixed by agreement or arbitration as above provided, then on application of either party the proportion of value may be fixed by the judge described above. 12. NOTICE. All notices, requests, consents and other communications under this Agreement shall be in writing and shall be deemed to have been sufficiently given or served if delivered or mailed by first class registered or certified mail, sufficient postage prepaid, address as follows: If to LESSEE: If to LESSORS: Notice to LESSORS shall be deemed sufficiently given whether or not the copy sent by regular mail is received, 'rf the original notice is properly mailed hereunder. The addresses herein given may be changed by the party affected thereby by notice given pursuant to the provisions of this paragraph. 13. WAIVER. ~ No waiver, expressed or implied, of any breach of any covenant, condition or stipulation hereunder shall be taken as a waiver, express or implied, of any succeeding breach of the same covenant, condition or stipulation. The acceptance of rent by LESSORS shall not be deemed to be a waiver (except 10 r as to any default arising out of the failure to pay the rent so accepted by LESSORS,) of any breach of LESSEE of any covenant herein contained or of the right of LESSORS to re-enter for breach of condition. No actor acts, omission or omissions, or any waiver, acquiescence or forgiveness by LESSORS as to any default or breach in the failure of the performance, either in whole or in part, by LESSEE of any of the terms, covenants or conditions of this Agreement shall be deemed or construed to be an extinguishment of such covenant or condition, the breach whereof has been waived, or a waiver by LESSORS of their right to declare a termination of this Agreement for any subsequent breach, or a waiver of the right of LESSORS at all times in the future to insist upon the full and complete performance by LESSEE of each and all of the terms, covenants, and conditions to be performed by LESSEE according to the provisions of this Agreement in the manner and to the same extent as the same are herein covenanted to be performed by LESSEE. 14. COVENANTS AGAINST LIENS. 14.1 By LESSEE. During the term of this Agreement, LESSEE covenants to promptly discharge or cause to be discharged every lien, charge or encumbrance of any nature whatsoever created by LESSEE and no others, including any liens arising under the provisions of paragraph 3.6, the payment of which is assumed by LESSEE, which may be filed against the leased premises, and LESSEE will indemnify and save LESSORS harmless from all loss, cost and expense, including reasonable attorneys' fees, which LESSORS may sustain by reason of such lien, charge or encumbrance, or in defending against such lien, charge or encumbrance. It is expressly understood and agreed that the right of LESSEE or of any person claiming through or under LESSEE, to charge any mechanic's or similar lien upon or against LESSORS' interest in the leased premises is hereby expressly denied. 15. NO PARTNERSHIP. Lessor does not in any way or for any purpose become a partner of LESSEE in the conduct of its use of the leased premises or a joint venture or a member of a joint enterprise with LESSEE. The provision of this lease relating to the percentage rent payable is included solely for the purpose of providing a method to ensure that adequate rent is measured and ascertained. 16. HOLDING OVER. Should LESSEE hold over in possession of the leased premises after the expiration of the term of this lease without the execution of a new lease agreement or extension or renewal agreement, LESSEE at the option of the LESSOR shall be deemed to be occupying the leased premises from month to month, subject to such occupancy being terminated by either party upon ten (10) days written notice. LESSEE shall continue to pay rent from time to time as though the terms of this lease had continued and subject to all other terms, covenants, and conditions of this lease insofar as the same may be applicable to a month to month lease. 11 a 17. ASSIGNMENT. LESSEE shall not assign, transfer, or otherwise encumber this lease or any interest of the LESSEE herein or whole or in part, nor sublet the whole or any part of the leased premises nor permit the leased premises or any part thereof to be used or occupied by others without first obtaining in each and every instance the prior written consent of LESSOR. Any consent by LESSOR to any assignment or subletting or use or occupancy by others shall be held to apply only to the spec'rfic transaction thereby authorized and shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting for use or occupancy by others. 18. BALD MOUNTAIN BUS STOP. The LESSEE agrees as a condition of this lease to contribute the sum of $ for certain improvements to the Bald Mountain bus stop on one of the Town's municipal bus routes. The improvements shall consist of the repair of a pathway under the I-70 overpass between Bald Mountain and Aspen Lane, the installation of path lights from Booth Falls to Aspen Lane, and the improvement of the Aspen Lane eastbound bus stop. 19. WETLANDS PERMIT FROM THE ARMY CORPS OF ENGINEERS. This lease is entirely conditional upon the LESSEE obtaining an Army Corps of Engineers 409 Permit allowing the golf course to be developed in certain areas which have been designated as wetlands. Should the LESSEE fail to obtain the 409 Permit no later than one (1) year from the date of the signing of this lease, this lease shall terminate and become null and void and of no effect. 20. PARTIES IN INTEREST. All covenants and agreements in this Agreement by or on behalf of any of the parties hereto shall bind and inure to the benefit of the respective heirs, successor trustees, personal representatives, devisees, grantees, successors and assigns of the parties hereto, whether so expressed or not. 21. MODIFICATIONS. Unless otherwise expressly permitted herein, Hobe of the terms, covenants or conditions of this Agreement to be kept and performed by either party shall in any manner be altered, waived, modified, changed or abandoned except by written instrument to be signed and delivered by both parties and not otherwise. This Agreement supersedes all prior agreements or understandings among the parties. 22. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 23. CONSTRUCTION OF AGREEMENT. When necessary for proper construction, the masculine of any word used in this Agreement shall include the feminine and neuter gender, and the singular the plural, and vice versa. The entire 12 Agreement shall be construed in accordance with the laws of the State of Colorado. All paragraph and subparagraph headings in this Agreement are intended for convenience only and shall in no way be construed to modify or be interpretative of the language of this Agreement. 24. SEVERABILITY. If any provision of this Agreement, or the application thereof to any person or circumstances, is held to be invalid by any court of competent jurisdiction for any reason, such invalidity shall not be deemed or construed to affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable from other provisions in the same or different paragraphs where such effect can be given. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, all as of the date first above written. VAIL RECREATION DISTRICT By: Title TOWN OF VAIL, a Colorado municipal corporation By: Rondall V. Phillips, Town Manager C:\PAR3LSE.VRD 13 TOVNRD PAR-3 GOLF COURSE GROUND LEASE DRAFT 11/3192. THIS LEASE is made and entered into on the _ day of , 1992, by and between the Town of Vail, Colorado, a Colorado municipal corporation ("the Lessor«), and The Vail Recreation District, a quasi-municipal corporation ("the Lessee"}. WITNESSETH THAT: 1. LETTING OF PREMISES AND THE HABENDUM. LESSORS, for and in consideration of the rents, covenants, and agreements hereinafter mentioned to be paid, kept and performed by LESSEE, or by any successor of LESSEE, have let and leased, and do hereby let and lease urno LESSEE all that certain unimproved tract, lot or parcel of land, situate in the County of Eagle and State of Colorado, more particularly bounded and described as follows, to wit: XXX TO HAVE AND TO HOLD the above-described unimproved tract, lot or parcel of land hereinafter referred to collectively as 'Yhe leased premises". UNTO LESSEE for the full period of forty-five (45) years, commencing at noon on the date of this Agreement, and ending at noon on the forty-f'rtth (45th) anniversary of the date of this Agreement, all upon the specific terms, covenants and conditions of this lease, unless sooner terminated as hereinafter provided. The said forty-fifth (45th) year period is hereinafter sometimes referred to either as "the term of this Agreement" or as "the lease term." 2. WARRANTIES OF LESSORS. LESSORS WARRANT that they have the right to lease the leased premises and LESSORS covenant with LESSEE that, conditioned upon LESSEE's faithful performance and observance of LESSEE's covenants cornained herein, LESSEE shall have, from the date of this Agreement, quiet and peaceable possession of the leased premises during the lease term, subject to this Agreemern, and LESSORS will defend LESSEE's possession against any and all persons whomsoever. This Agreement and the lease term shall, however, expire and all rights of LESSEE hereunderterminate automatically upon the expiration of the term of this Agreemern without notice or demand upon LESSEE. 3. COVENANTS OF LESSEE. LESSEE has and does hereby hire and lease the leased premises, subject to the foregoing, for the term of this Agreement and agrees with LESSORS, their agents, heirs, successors trustees, personal representatives and assigns, that, as paymern and consideration to LESSORS for the benefit accruing to LESSEE from the use and occupancy of the leased premises, LESSEE covenants and will, and hereby does, bind itself, its successors and assigns, as follows: 3.1 Construction of Nine-Hole Par 3 Golf Course. LESSEE will commence the construction of a nine-hole par 3 golf course in 1 accordance with the plans and specifications attached hereto and by this reference made a part hereof as Appendix "A", no later than ,and will complete the same as therein spec'rfied on or before the first day of No major change shall be made (either during or after construction) in the said plans and specifications, either as to the designation of golf course tees and greens, except as may be otherwise provided in this Agreement, or as may be otherwise provided in this Agreement, or as to the spec'rfic layout and location of any portion of the golf course and other facilities located on the leased premises as therein shown, without the prior written approval of LESSORS, which approval shall not be unreasonably withheld. Changes may, however, be made therein, as to the golf course and other facilities located outside the boundaries of the leased premises, provided the course par and yardage totals are not substantially altered from those thereon shown. Should LESSEE be delayed in the prosecution or completion of construction by the act or neglect of LESSORS, or by any delay caused by fire, war, inGement weather, or other casualty, for which LESSEE is not responsible, or by combined action or strike of workmen in nowise caused by or resuRing from default or collusion on the part of LESSEE, its agents, contractors or employees, then the time herein fixed for the completion of construction shall be extended for a period equivalent to the time lost by reason of any and all causes for such delay. 3.2 Use of the Leased Premises. LESSEE will use the leased premises for the operation of a nine-hole par 3 golf course and other facilities related thereto, and may also use the leased premises for cross country skiing during the winter season. LESSEE will conform to and observe all statutes, ordinances, rules or regulations _ which may be adopted by the state, county, and local governments or their authorities relating to the use or maintenance of the leased premises within their respective jurisdictions, and will not, during the lease term, permit the same to be used for any illegal or immoral purposes, businesses, or occupations whatever. LESSEE shall obtain all required TOV permits and approvals for the construction and operation of the golf course. A golf Clubhouse may be built upon the leased premises. Any such golf clubhouse shall consist solely of facilities ordinarily available in such structures operated iri conjunction with golf courses, but no lodging or full-service restaurant facilfties shall be constructed or maintained on the leased premises. A snack bar may be maintained in any golf clubhouse built on the leased premises. 3.3 LESSEE Not to Commit Waste. During the term of this Agreement, LESSEE shall keep and maintain the leased premises in a condition as good as or better than the condition of the leased premises on the commencement date of condition of the leased premises on the commencement date of the term of this Agreement, and LESSEE hereby covenants and agrees not to commit waste of the leased premises or any part thereof and shall not cut, remove or destroy any live trees with LESSORS' prior written consent, except for the cutting and removal of trees as may be necessary in order to accomplish the construction or maintenance of the golf course and other recreational facilities as spec'rfied or approved pursuant to 2 paragraphs 3.1 and 3.2 of this Agreement. 3.4 Failure to Use the Leased Premises as Restricted. In the event that LESSEE does not use the leased premises for golf course purposes for three (3) consecutive playing seasons at any time during the term of this Agreement, then at the end of the third such playing season, LESSORS may, at their option, elect to terminate this Agreement by giving written notice to LESSEE of LESSOR's election. Should such use by LESSEE be prevented, however, by the act or neglect of LESSORS, or by war or other extraordinary condition beyond LESSEE's control and for which LESSEE is not responsible, then the time herein fixed shall be extended for a period equivalent to the time lost by reason of such cause or causes. 3.5 Annual Rentals. LESSEE wilt, during the lease term, pay as rent nine percent (9%) of LESSEE'S gross sales. The term "gross sales" is hereby defined to mean the total dollar value of all fees arising out of or payable on account of the business of the golf course and the total amount of the dollar value of all sales of food and merchandise and all revenue of every kind and character derived from, arising out of, or payable on account of all business conducted and transacted at the golf course clubhouse and snackbar. 3.5.1 Accountina. Within sixty (60) days after the end of each lease year, LESSEE shall cause to be delivered to the LESSOR a cert'rfied report audited in accordance with generally accepted audited standards by an independent cert'rfied public accountant which shall set forth the gross revenues during such lease year. The report shall be prepared and filed pursuant to the Colorado Local Government Audit Law. The LESSOR shall have the right to examine during regular business hours at the offices of the LESSEE all books and records of the LESSEE in any way pertaining to the business transacted in or from the leased premises. If upon any examination by the LESSOR of the books or records of the LESSEE an error shall be revealed which results in there being due to the LESSOR additional percentage rent in excess of five hundred dollars ($500.00), then the reasonable costs of such examination shall be paid by the LESSEE to the LESSOR. 3.5.2 Moratorium on Rentals. During the first five (5) lease years commencing with the signing of this lease, LESSEE shall not pay any rentals, not withstanding any other provision of this Agreement, except that to the extent LESSEE shall have revenues from the operation of the golf course during said five (5) year period in excess of the cost of such operation. In such event, LESSEE shall pay the LESSOR nine percent (9%) of such excess. 3.5.3 Lease Year. Each lease year shall commence at noon on the day and month of the date of this Agreement and end at noon on the day and month of the date of this Agreement in the following year. 3 3.5.4 Annual Rentals to be Net. The annual rental to paid hereunder shall be fully net to LESSORS and no costs, expenses or other charges shall be deducted from or charged against said rentals by LESSEE prior to payment thereof to LESSORS. 3.5.5 Taxes and Other Public Charges. LESSEE will pay all ad valorem taxes, assessments and any other public charges levied or assessed by the federal, state or local governments upon the leased premises, this lease Agreement, the rents herein reserved, and any improvements erected thereon, and will at all times save LESSORS harmless from the payment thereof. No liabilfty for the payment of taxes, assessments or other charges imposed by federal, state or local government laws, or the laws of any foreign country, upon the income of LESSORS or upon the passing or transfer of LESSOR'S interest in the leased premises is assumed by LESSEE by reason of this provision. Nothing in this Agreement shall be construed so as to prevent the LESSEE from contesting, at its own expense, any lien, claim or charge of any kind with regard to the leased premises or any improvements thereon. LESSORS may, at their election, required LESSEE to furnish reasonable security for the payment of any liabilfty, costs or expense resuRing from such contest by LESSEE. At the date of this Agreement, the parties are unaware of any public charges other than those assessed on an ad valorem basis which LESSEE is to pay, but if any such public charges should become payable by reason of LESSEE's use and occupancy of the leased premises, LESSEE will at all times save LESSORS harmless from the payment thereof. 3.8 Indemn'rfication of Lessor. LESSEE agrees to indemnify and hold harmless the LESSOR, its officers, employers, and agents from and against all liability, claims, and demands on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the design or construction of the Par-3 Golf Course, or are in any manner connected with this lease, tf such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or part by, the act, omission, error, professional error, mistake, negligence, or other fault of the LESSEE or any contractor or subcontractor of the LESSEE, or any officer, employee, representative, or agent of the LESSEE or any contractor or subcontractor of the LESSEE. LESSEE agrees to investigate, handle, respond to, and to provide defense for and defend against, ariy such liability, claims, or damages at the sole expense of the LESSEE. The LESSEE also agrees to bear all other costs and expenses relating thereto, including court costs and attorney's fees whether or not any such liability, Gaims, or demands alleged are groundless, false, or fraudulent. 3.8.1 Insurance. LESSEE agrees to procure and maintain, at its own cost, the following policies of insurance: 4 (A) The LESSEE shall require any contractor it retains to do any work on the leased premises relating to the construction of the golf course and any improvements thereon, to procure and maintain commercial general liability insurance with minimum combined single limits of five million dollars ($5,000,000.00) each occurrence and five million dollars ($5,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include, but not be limited to, coverage for bodily injury, broad form property damage including completed operations, personal injury including coverage for contractual and employee acts, blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severabiliry of interest provision, and shall name the LESSOR as an additional insured. (B) LESSEE shall require any contractor to procure and maintain comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than five million dollars ($5,000,000.00) each occurrence and five million dollars ($5,000,000.00) aggregate with respect to each of the contractor's own, hired, or non-owned vehicles assigned to it or used in the performance of the services. The policy shall name the LESSOR as an additional insured. (C) LESSEE shall require any architect or design professional who provides professional services to the LESSEE relating to the design of the golf course and any improvements thereon to obtain professional liability insurance with minimum limits of five hundred thousand dollars ($500,000.00) each claim and one million dollars ($1,000,000.00) aggregate. (D) LESSEE shall procure and maintain for the entire term of this lease and any extension thereof commercial general liability insurance with minimum combined single limits of five million dollars ($5,000,000.00) each occurrence and five million dollars ($5,000,000.00) aggregate. The policy shall be applicable to ail premises and operations. The policy shall include, but not be limited to, coverage for bodily injury, broad form property damage including completed operations, personal injury including coverage for contractual and employee acts, blanket contractual, pro'tlucts, and completed operations. The policy shall name the LESSOR as an additional insured. (E) LESSEE shall procure and maintain for the term of this lease and any extension thereof, a public official errors and omissions policy with a minimum limit of five million dollars ($5,000,000.00.) (F) Every policy required by this paragraph shall be primary insurance, and any insurance carried by the LESSOR, its officers, or its employees, shall be excess and not contributory insurance to that provided by any contractor of the LESSEE or the LESSEE. LESSEE shall, prior to entering into possession of the leased premises, provide the LESSOR with cert'rficates of insurance evidencing that the policies rj.y:~r~ed to be procured and maintained by fhe LESSEE during the term of the lease are in full force and effect and requiring LESSEE to give LESSOR sixty (60) days notice of reduction 5 bf coverage or cancellation. In addition, before any design professional or contractor pertorms work for the LESSEE relating to the leased premises, LESSEE shall provide LESSOR with a cert'rficate or certificates of insurance indicating that said design professional or contractor has procured policies providing the required coverages, conditions, and minimum limits as set forth in paragraph 3.8.1. The cert'rficate shah require sixty (60) days notice to LESSOR of reduction of coverage or cancellation of the policiy or policies. (G) Failure on the part of the LESSEE to procure or maintain policies the required coverages, conditions, and minimum limits as set forth in the paragraph, or failure on the part of the LESSEE to require any design professional or contractor to procure such policies shall constitute a material breach of this lease agreement which may cause the LESSOR to immediately terminate this lease or, at its discretion, the LESSOR may procure or renew any such policy and may pay any and all premiums in connection therewith, and all monies so paid by the LESSOR shall be repaid by the LESSEE to the LESSOR upon demand. 3.9 Minerals and Water LESSEE shall have no right to prospect in, drill, mine or operate for, or take and remove from the leased premises or any part thereof any oil, gas, rods, sand and gravel, and other minerals, or water, except as expressly authorized or provided herein. 3.10 Entrv for Inspection LESSORS, or their agents, may at their option go upon the leased premises at any reasonable time. to inspect the same. 3.11 Expenses. LESSORS shall have no liability for any of LESSEE's expenses of design construction, maintenance or development of the golf course and other facilities mentioned in paragraph 3.1. 4. COVENANTS OF LESSORS. It is further agreed by LESSORS, in consideration bf the rents and covenants to be paid or herein made to be kept by LESSEE, that LESSORS covenant and will and hereby do bind themselves, their successors and assigns, as follows: 4.1 Use of the Leased Premises. LESSORS covenant that the leased premises may be used for the purposes set forth herein and that LESSEE shall have exclusive use of the leased premises, subject to the terms of this Agreement. 5. CONDITIONS OF GRANT. 5.1 Default. The occurrence or existing of any one or more of the following events or circumstances shall constitute a default hereunder by LESSEE: 6 (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 contained in this lease and such default shall continue for ten (10) days after the date of written notice from the LESSOR to the LESSEE; (C) This lease or the leased premises or any part thereof shall be taken upon execution of or other process of law directed against LESSEE or shall be taken upon or subject to any attachment at the insistence of any creditor of or claimant against the LESSEE, and such attachment shall not be discharged or disposed of within fifteen (15) days after a levy thereof; (D) LESSEE shall vacate or abandon the premises or as set forth in paragraph 3.4. (E) LESSEE 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 (iv) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under any bankruptcy or insolvency law or an arrangement with creditors or take advantage of any insolvency law or file an answer admitting the material allegations of the petition filed against the LESSEE in any bankruptcy reorganizatio:i ar insolvency proceeding; (F) The entry of a court order, judgement or decree without the application, approval, or consent of the LESSEE approving a petition seeking reorganization of LESSEE under any bankruptcy or insolvency law or appointing a receiver, trustee, or liquidator of LESSEE or LESSEE'S interest in this lease, or adjudicating LESSEE a bankrupt or insolvent, and such order, judgement, or decree shall not be vacated, set aside, or staid within thirty (30) days from the date of entry. 5.2 Remedies. If LESSEE shall default under this lease, LESSOR 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 LESSOR shall preclude the exercise of any other right or remedy whether set forth or existing at law or equity: (A) LESSOR shall have the right to terminate this lease by giving LESSEE notice in writing at any time. No act by or on behalf of LESSOR, such as entry of the premises by the LESSOR to perform maintenance and repairs and efforts to relet the premises, other than giving LESSEE 7 a written notice of termination, shat{ terminate this lease. tf LESSOR 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 dates spec'rfied in such notice as 'rf such date were the expiration date of the term of this lease without the necessity of re-entry or any other act on LESSOR'S part. Upon any termination of this lease, LESSEE shall quit and surrender to the LESSOR the leased premises. If this lease is terminated, LESSEE shall remain liable to LESSOR for all rent and other sums accrued and unpaid to the date of the termination of this lease. (B) LESSOR may, without demand or notice, re-enter and take possession of the leased premises or any part thereof and repossess the same as of the landlord's former estate and expel the effects of any and all persons without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or otherwise relieving LESSEE of any obligation in accordance with this lease. Should LESSOR elect to re-enter as provided for in this Section, or should LESSOR take possession in accordance with legal proceedings or in accordance with any notice provided for by law, LESSOR may from time to time without terminating this lease re-let the premises or any part thereof for such term or terms and at such rental or rentals and upon such other conditions as LESSOR may in its absolute discretion deem advisable, with the right to make alterations and repairs to the leased premises. No such re-entry, repossession, or re-letting of the premises by LESSOR shall be construed as an election on LESSOR'S part to terminate this lease unless a written notice of termination is given to LESSEE by landlord. No such re-entry, repossession, or re-letting of the premises shall relieve LESSEE of its liability and obligation under this lease, all of which shall survive such re-entry, repossession, or re-letting. Upon the occurrence of such re-entry or repossession, LESSOR shall be entitled to the amount of the monthly rent, and any other sums, which would be payable hereunder, if such re-entry or repossession had not occurred, less the net proceeds, 'rf any, of any re-letting of the premises after deducting all of LESSOR'S expenses in connection with such re-letting, including, but without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, alterations costs, and expenses of preparing for such re-letting. LESSEE shall pay such amount to LESSOR on the days on which the rent or any other sums due hereunder would have been payable 'rf possession had not be retaken. In no event shall LESSEE be entitled to receive the excess, if any, of net rent collected by the LESSOR as a result of re- letting over the sums payable by LESSEE to LESSOR. 6. IMPROVEMENTS AT EXPIRATION OF TERM. At the expiration of the term of this Agreement, or upon termination as elsewhere provided herein, LESSEE may, at its option, remove any buildings and structures located on the leased premises at the time of expiration, provided that LESSEE shall not at such time be in default in the pertormance of any of the terms and covenants of this Agreement. LESSEE shall have three (3) months after the date of 8 such expiration or termination of this Agreement in which to remove all such buildings and structures. In the event that LESSEE shall not remove such buildings or structures, or both, within said three (3) month period, then all of the buildings and structures so remaining on the leased premises shall become the property of LESSORS. 7. INDEMNITY AGAINST COST OF LITIGATION. LESSEE will pay to and indemnrfy LESSORS against the payment of all legal costs and charges, including all reasonable counsel fees, lawfully and necessarily incurred by LESSORS in the defense of any suit to discharge the leased premises, or any part thereof, from any liens, judgments or encumbrances created by LESSEE against the same, or against LESSEE'S lease-hold estate, or any legal costs and charges, including all reasonable counsel fees, lawfully and necessarily incurred by LESSORS on account of proceedings to obtain possession of the leased premises by LESSORS from LESSEE or others Gaiming right of possession by, through or under LESSEE after termination of the lease term by forteiture or otherwise. . 9. LESSORS MAY CURE CERTAIN DEFAULTS OF LESSEE,, In the event that LESSEE shall fail or refuse to pay any sum or sums when due as required by the terms of this Agreement, except for the payment of rents, LESSORS may, at the election, pay any such sum or sums, including insurance premiums for policies required by the provisions of this Agreement. Any sums paid by LESSORS on behalf of LESSEE shall be immediately due and payable by LESSEE to LESSORS, together with interest thereon at the rate of twelve percent (12%) per annum from the date of payment by LESSORS, and in the event that LESSEE shall fail to pay any and all such sums to LESSORS within ten (10) days after written demand is made by LESSORS, then LESSORS may elect to terminate this Agreement. 10. LESSOR'S LIEN UPON LEASEHOLD ESTATE. LESSORS shall have a valid and first lien upon the leasehold estate created herein for the payment of all rents reserved and all amounts becoming due hereunder by reason of any engagement of LESSEE. No act done or suffered to be done by LESSEE shall in any manner affect the reversionary estate of LESSORS in the leased premises or their Lien hereby created. Unless specifically provided for herein, nothing herein contained shall authorize LESSEE to perform any act on LESSORS' behalf which may in any way encumber of change the title of LESSORS' interest in the leased premises. 11. RIGHTS OF PARTIES IN CASE OF APPROPRIATE TO PUBLIC USE,. If any portion of the leased premises be taken by public appropriation, under right of eminent domain, there shall be a proportionate abatement of the rent thereafter to be paid, corresponding to the proportion which the value of the land so taken (exclusive of improvements) at the time of the taking, may bear to the value of the entire leased premises (exclusive of improvements) at the time of taking. LESSORS shall receive as their proportion of the entire damages sustained from such appropriation, the 9 a present worth of future rents abated in the manner described above, and it is understood and agreed that future rents due under this Agreement shall be taken into account in any eminent domain proceedings, without regard to this right of proportionate abatement. The remainder of the damages awarded shall be received by LESSEE as its portion. If the entire leased premises be so taken during the term of this Agreement, it shall thereupon be taken to be wholly terminated and the damages awarded for the entire taking (exclusive of .improvements) shall be divided between the parties as provided above. In case the parties shall not be able to agree upon the proportion of value of the leased premises taken, within a period of ten (10) days after the time of taking, then each of the parties shall select a member of the American Institute of Real Estate Appraisers, resident in thee State of Colorado, as an arbitrator, and notify the other of his choice within five (5) days thereafter. The two appraisers so chosen shall within ten (10) days thereafter select a third member of the American Institute of Real Estate Appraisers, resident in the State of Colorado, and the three (3) so selected shall proceed to fix such proportion of value as above provided and make their report in writing to the parties. The report and award of any two of them shall be binding upon the parties. Should either party fail to so select and not'rfy the other within a period of five (5) days after being so notified of the selection by the other, then the right to select a second arbitrator as if selected by the defaulting party, shall be vested in the person then occupying the position of the presiding judge of the judicial district of the State of Colorado having general jurisdiction over the leased premises. In case such proportion of value shall not have been fixed by agreement or arbitration as above provided, then on application of either party the proportion of value may be fixed by the judge described above. 12. NOTICE. All notices, requests, consents and other communications under this Agreement shall be in writing and shall be deemed to have been sufficiently given or served if delivered or mailed by first class registered or certrfied mail, sufficient postage prepaid, address as follows: If to LESSEE: If to LESSORS: Notice to LESSORS shall be deemed sufficiently given whether or not the copy sent by regular mail is received, 'rf the original notice is properly mailed hereunder. The addresses herein given may be changed by the party affected thereby by notice given pursuant to the provisions of this paragraph. 13. WAIVER. No waiver, expressed or implied, of any breach of any covenant, condftion or stipulation hereunder shall be taken as a waiver, express or implied, of any succeeding breach of the same covenant, condition or stipulation. The acceptance of rent by LESSORS shall not be deemed to be a waiver (except as to any default arising out of the failure to pay the rent so accepted by LESSORS,) of any breach of 10 LESSEE of any covenant herein contained or of the right of LESSORS to re-enter for breach of condition. No ad or acts, omission or omissions, or any waiver, acquiescence or forgiveness by LESSORS as to any default or breach in the failure of the pertom~ance, either in whole or in part, by LESSEE of any of the terms, covenants or condftions of this Agreement shall be deemed or construed to be an extinguishment of such covenant or condition, the breach whereof has been waived, or a waiver by LESSORS of their right to declare a termination of this Agreement for any subsequent breach, or a waiver of the right of LESSORS at all times in the future to insist upon the full and complete performance by LESSEE of each and all of the terms, covenants, and conditions to be pertormed by LESSEE according to the provisions of this Agreement in the manner and to the same extent as the same are herein wvenanted to be pertomied by LESSEE. 14. COVENANTS AGAINST LIENS. 14.1 By LESSEE. During the term of this Agreement, LESSEE covenants to promptly discharge or cause to be discharged every lien, charge or encumbrance of any nature whatsoever created by LESSEE and no others, including any liens arising under the provisions of paragraph 3.6, the payment of which is assumed by LESSEE, which may be filed against the leased premises, and LESSEE will indemnify and save LESSORS harmless from all loss, cost and expense, including reasonable attorneys' fees, which LESSORS may sustain by reason of such lien, charge or encumbrance, or in defending against such lien, charge or encumbrance. It is expressly understood and agreed that the right of LESSEE or of any person claiming through or under LESSEE, to charge any mechanic's or similar lien upon or against LESSORS' interest in the leased premises is hereby expressly denied. 15. NO PARTNERSHIP. Lessor does not in any way or for any purpose become a partner of LESSEE in the conduct of its use of the leased premises or a joint venture or a member of a joint ertterprise with LESSEE. The provision of this lease relating to the percentage rent payable is included solely for the purpose of providing a method to ensure that adequate rent is measured and ascertained. 16. HOLDING OVER. Should LESSEE hold over in possession of the leased premises after the expiration of the term of this lease without the execution of a new lease agreement or extension or renewal agreement, LESSEE at the option of the LESSOR shall be deemed to be occupying the leased premises from month to month, subject to such occupancy being terminated by either party upon ten (10) days written notice. LESSEE shall continue to pay rent from time to time as though the terms of this lease had continued and subject to all other terms, covenants, and conditions of this tease insofar as the same may be applicable to a month to month lease. 17. ASSIGNMENT. 11 LESSEE shall not assign, transfer, or otherwise encumber this lease or any interest of the LESSEE herein or whole or in part, nor sublet the whole'or any part of the leased premises nor permit the leased premises or any part thereof to be used or occupied by others without first obtaining in each and every instance the prior written consent of LESSOR. Any consent by LESSOR to any assignment or subletting or use or occupancy by others shall be held to apply only to the specrfic transaction thereby authorized and shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting for use or occupancy by others. 18. BALD MOUNTAIN BUS STOP. The LESSEE agrees as a condition of this lease to contribute the sum of $ for certain improvements to the Bald Mountain bus stop on one of the Town's municipal bus routes. The improvements shall consist of the repair of a pathway under the I-70 overpass between Bald Mountain and Aspen Lane, the installation of path lights from Booth Falls to Aspen Lane, and the improvement of the Aspen Lane eastbound bus stop. 19. WETLANDS PERMIT FROM THE ARMY CORPS OF ENGINEERS. - This lease is entirely conditional upon the LESSEE obtaining an Army Corps of Engineers 409 Permit allowing the golf course to be developed in certain areas which have been designated as wetlands. Should the LESSEE fail to obtain the 409 Permit no later than one (1) year from the date of the signing of this lease, this lease shall terminate and become null and void and of no effect. 20. PARTIES IN INTEREST. All covenants and agreements in this Agreement by or on behalf of any of the parties . hereto shall bind and inure to the benefit of the respective heirs, successor trustees, personal representatives, devisees, grantees, successors and assigns of the parties hereto, whether so expressed or not. 21. MODIFICATIONS. Unless otherwise expressly permitted herein, none of the terms, covenants or conditions of this Agreement to be kept and performed by either party shall in any manner be altered, waived, modified, changed or abandoned except by written instrument to be signed and delivered by both parties and not otherwise. This Agreement supersedes all prior agreements or understandings among the parties. 22. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 23. CONSTRUCTION OF AGREEMENT. When necessary for proper construction, the masculine of any word used in this Agreement shall include the feminine and neuter gender, and the singular the plural, and vice versa. The entire Agreement shall be construed in accordance with the laws of the State of Colorado. All paragraph and 12 r a subparagraph headings in this Agreement are intended for convenience only and shall in no way be construed to modify or be interpretative of the language of this Agreement. 24. SEVERABILITY. If any provision of this Agreement, or the application thereof to any person or circumstances, is held to be invalid by any court of competent jurisdiction for any reason, such invalidity shall not be deemed or construed to affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable from other provisions in the same or different paragraphs where such effect can be given. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, all as of the date first above written. VAIL RECREATION DISTRICT By: Title TOWN OF VAIL, a Colorado municipal corporation By: Rondall V. Phillips, Town Manager C:1PAR3LSE.VRD 13 . a ~ WORK SESSION FOLLOW-UP October 30, 1992 Page 1 of 2 70PIC QUESTIONS FOLLOW-UP SOLUTIONS 1991 11119 NEWSPAPER VENDING LARRY E.IANDY/MIKE M.: What can be done to make Locations for the newspaper boxes have been MACHINES these uniform and locations less prolific? determined and approved by all TOV departments. Staff will talk to Larry E. to determine if voluntary agreements or an ordinance outlining locations are appropriate. Working on wrap-up by November or December, 1992. 1992 02/17 EXTERIOR LIGHTING KRISTANlANDY: Draft ordinance. Consultant is doing research on more lighting concerns. An evening meeting site visit was been scheduled for 12/1/92. 08/25 FOLLOW-UP PEG/PAM/LARRY G.: Mr. Shrader has called to find out Additionally, as requested at the 9/9192 Speak Up WITH BUCK SHRADER (CDOT)/ whether there has been improvement on the. maintenance meeting, Larry will request extending the 45 mph truck JAKE BRAKES/SPEED for the west side of the bike pathNail Pass. Although speed limit past the East Vail interchange. We will LIMITS ON VAIL PASS CDOT has stepped up efforts to clean and maintain, their try to set up a meeting with affected property owners, efforts have not been consistent, and this was state patrol, CDOT, etc. communicated by Pam. 09/08 1041 PLAN LARRY E.: Barbara Green has asked whether the Town Larry E. has spoken to Barbara Green, who feels there (request: Steinberg) of Vail has a 1041 Plan. could be a benefit to the Town. Therefore, Larry E. is collecting additional information and will draft an ordinance. 09/08 INTERNATIONAL LARRY G./KRISTAN: Now that the "real" International Meeting has been set for Thursday, 11112192, at 2:00 FOOT" BRIDGE Bridge is complete, pull out the footbridge. P.M., at the location of the Lancelot Restaurant with Council, PEC, Cecil DotsonNillage Center, Summers Lodge, adjacent business owners, owners, etc. 09115 PAUL'S FLAG POLE LARRY G./KRISTAN/CAROLINEIRON: Whatever becam Staff will review former pole placement and (request: Lapin) of the flag pole that was to be erected outside VRA present recommendation. offices honoring Paul Johnston? 09/15 LIMITATION OF TERMS LARRY E.: Draft ordinance limiting appointed TOV board Scheduled for work session 11/10/92. FOR BOARD APPOINTMENTS to 8 consecutive years. (request: Shearer) { ~ WORK SESSION FOLLOW-UP October 30, 1992 Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 09/15 VVMB/BUSINESS LICENSE LARRY E.: Draft ordinance amending sunset clause of Schedule review of Ordinance No. 28, Series of 1992, RENEWAL OF SUNSET CLAUSE business license ordinance -another 4 years? for 12/1192 evening meeting, following General Election Results (sunset clause.) Peggy and Ron will meet with representatives from TOA, VVMB, VA, and BC to discuss a future ballot request for funding in conjunction with the Performance/Conference Center, as well as future long-term goals and objectives. 09122 SPEAK UP MEETINGS PEGIRON/CAROLINE/BRUCE CHAPMAN/PAM: Meet to Will do. discuss some proposed changes to the Speak Up Meetin series, i.e., format, acquisition of debatable topics, presentation to annual condominium association annual meetings, speakers from "like" impacted communities (Carmel-by-the-Sea, etc.) 09/22 O/Q DUES/ TOM STEINBERG: Meet with Paul Testwuide to discuss Underway. UEVW&S NEGOTIATIONS who should REALLY be paying the O/O dues. 10120 REGIONAL RON: Produce letter to County Commissioners; calla Jim Fritz will call Ron by Tuesday to set date, although TRANSPORTATION special work session including Commissioners, VA, TOA, it may be a couple of weeks. Minturn, Leadville, etc. 10!27 ELEVATOR LARRY E./GARY M.IKRISTAN/DICK: Tom Steinberg Staff will review. INSPECTION brought in proposed resolution to adopt legislation PROGRAM for the elevator inspection program. (request: Steinberg) 10/27 ADA REQUIREMENTS/ BOB M./STEVE B.: Check with Chris Ryman of VA CHRIS RYMAN for further insights/understanding of the ADA. (request: Buckley) . r u ~1 TOWN OF VAIL ~ 75 South Frontage Road Office of the Town Attorney mail, Colorado 81657 303-479-2107/ FAX 303-479-2157 October 29, 1992 . Mr. Abraham Shapiro, General Partner A.L. Shapiro & Company POB 1448 Vail, CO 81658 Dear Abe: Pursuant to paragraph 8 of the Contract to Buy and Sell Real Estate dated September 30, 1992, between the Town of Vail and yourself, I am giving you notice that the title insurance commitment for the property indicates that there is an exception to the marketability of title by reason of a Treasurers Deed recorded on November 7, 1989, in Book 517 at Page 284 and rerecorded November 16, 1989, in Book 517 at Page 910, and rerecorded July 19, 1990, in Book 533 at Page 972. I have attempted to contact you by telephone over the past two days and have not been able to reach you, so I felt obligated to write this letter. Please contact me at your earliest possible convenience so we can discuss possible solutions to this exception of marketability. I have attached Scheduled B-2 of the title insurance commitment for your review. The exception that the Town is concerned about is number 12. Very truly yours, Lawre A. Eskwith Town Attorney LAE/dd ..,.f-''~~~~' A L T A C O M M I T M E N T SCHEDULE B-2 (Exceptions) Our Order No. V19943 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 PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED December 29, 1920, IN BOOK 93 AT PAGE 42. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED December 29, 1920, IN BOOK 93 AT PAGE 42. 11. LACK OF ACCESS TO OR FROM A PUBLIC ROAD OR HIGHWAY. 12. MARKETABILITY OF TITLE BY REASON OF TREASURERS DEED RECORDED NOVEMBER 7, 1989 IN BOOK 517 AT PAGE 284 AND RERECORDED NOVEMBER 16, 1989 IN BOOK 517 AT PAGE 910, AND RERECORDED JULY 19, 1990 IN BOOK 533 AT PAGE 972. PAGE 3 6Nareh dtmlClPai leeQu~ id6a I.huAln 5tts6t, Suite 2y0D ~ ~ ~ ~Phgrre: (303} 83~--6411 CONTACT: Kay Marisa, CML, 831-6411 ~`pR x@dMJrnXATE REL~AS~ Sam Mamet, CML, 831-6411 T,eVine Appointed CHT, policy Co~amittee Chair Colorado Municipal ~,eagu8 President Hazy Rrc~wa h:~r~ announced the appointment of Vail CauricilmetpD®x Ro#~ Levine as chair of the League's Policy Co~atoittee. This cornaittee serves as the statsa~,de legislaCiv~e oommittee fox the League on emexginq state ~aDd federal issues of municipal interest. It also preparsa an annual pcliay t~tatement on mun~.oipel positions Nhioh is adopted at tqe Lea,qus's aummtr catsfsrQnce. Tn announcing the appointt¢ant, Hrox~r SLRambpat $px~,itgs City Council President said, "Rah has been a vary active elected o#ficial member of the League. =have 'value~t h;is laadexship and believe that West Slope cities and towns and resort camnunit~,es r~i~.i be welt served frith Rab as Pal.icy Coa~m3tCe$ Chair." The first meeting of the group takes plasm on tiovember 13 in DsnVQr. The Colorado Municipal League ig a nanpaxtisan, statami~te organization o#.2~1 member cities az~d tawn$. Vail. Town Manager Ron Phillips has served oC~ the CHG. Executive Hoard. Sor further informations 8lcase camtaoe Lma9ue As$ociate D~,reei.ox San Hemet at $03-$31-s41i. T~ ~ HANK BROWN coMMirrEes: c9~ow+oo _ BUDGET FOREIGN RELATIONS JUDICIARY ~nite~ ~tat~,~ ~e~ate WASHINGTON, DC 20510-0604 October 21, 1992 The Honorable Margaret A. Osterfoss Mayor Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Peggy: Many thanks for contacting me concerning cable regulation. 5.12, the Cable Television Consumer Protection Act of 1991, originally passed the Senate January 31, 1992, by a vote of 73- 18. The version that passed will increase cost to consumers, in my view, and I voted against it. Among the more controversial elements of S. 12 are provisions which; subject cable franchises to rate regulation even if there is effective competition under the new FCC definition, add new requirements relating to the award and renewal of cable franchises, allow broadcast stations to either require the local cable system to carry its signal (referred to as "must carry"), or to buy the right to carry the broadcast signal (referred to as "retransmission"), and restrict the ability of cable systems to produce programs for their exclusive use. The increased cost of carrying the signal of broadcast stations will be passed on to the consumer. This will have the effect of charging consumers for what they can receive free with an antenna. The added charges will be in addition to the commercials which. remain part of the program. H.R. 4850, the House companion bill to S. 12, passed the House by a vote of 340-73. The bill included a provision to bar cable- affiliated programmers from refusing to sell programs at fair prices and terms to the home satellite dish and so-called wireless cable industries. The retransmission clause, which was in the Senate bill, was dropped in the House version. The Senate and House Conferees agreed to a compromise cable bill on September 14. I voted against the conference bill, which passed the House and Senate. On October 3, 1992, the President vetoed the cable bill. On October 5, 1992, the Senate voted 74- 25 and the House voted, 308-114, to override the President's veto and enact the bill into law. There is no assurance that the bill will lower cable rates, in fact, the cost of this additional regulation, which favors particular sectors of communications industry, will be passed on to the consumer. The bill will also PRINTED ON RECYCLED PAPER Page 2 increase the cost of government regulation by millions of dollars. The increased competition and innovation that is present in the television industry should be encouraged, not overly regulated.- Adding another layer of regulation will not reduce the cost of cable services to the consumer. Abetter solution than the conference report would be to promote competition and end monopolistic practices. Your taking the time to contact me and inform me of your concerns is appreciated. Sincerely, an Brown United States Senator HB/lw X C : Caw+~,Ct,4,~ . BEN NIGHTHORSE CAMPBELL {PLEASE REPLY TO: Rv I(W(VI ASHiNGTON OFFCCE ' 3D DISTRICT, COLORADO ? 1530 LONGWOflTH BUILDING WASHINGTON, DC 20515-080] COMMITTEES: ti{?~~~~~~~ /'~1'~~L~~ 1202)225-4781 AGRICULTURE ,i~j{/ I /~G$L'~i I DISTRICT OFFICES: INTERIOR AND INSULAR AFFAIRS ? J20 N. MAIN ST. ~au~e a# ~Q~re~~ntatibe~ SITE d00 PVE8L0, CO 81003 a D19) Sd3-9821 ~~ii7~~it~aJ{~ 20515-0603 ? 835 E SECOND AVE SURE 128 October 2 2 , 1992 DuRANCO, co 8+3DI (303) 2d7-9300 ? 22S N. 5TH STREET Ms. Mar aret Osterfoss SU`~71 g GRAND JUNCTION, CO 85501 . Mayor (3031242-2.00 Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Ms. Osterfoss: Thank you for contacting my office expressing your concerns with the Cable Television Consumer Protection and Competition Act. As you may already know, on October 5th, both the House and Senate reached a two-thirds majority vote to override the President's veto. The Cable Television Consumer Protection Act (S. 12), requires the regulation of rates of basic cable service for the more than 95% of cable TV systems. Other provisions include the regulation of rates for installation and rental of home cable converter boxes and remote controls along with incorporating a set of minimum customer services standards for the cable companies into the bill as well. Thank you for contacting this office with your views on this matter. Sincerely, . Ben Ni t orse Campbe Member of Congress BNC/jjr PRINTED ON RECYCLED PAPER r ~ w~.t~u-tiw~- JOEL HEFLEY COMMI ES COLORADO ARMED SERVICES FIFTH DISTRICT _ SMALL BUSINESS INTERIOR AND INSULAR AFFAIRS ~ECElV4G ~ ? C , ~ortgre~~ of t~je ~nfteb ~tate~ gouge of ~e~re,~entatibeg October 23, 1992 Mr. Rondall Phillips 75 South Frontage Road Vail, Colorado 81657 Dear Mr. Phillips: Thank you for your letter regarding S. 12, the Cable Television Consumer Protection and Competitiveness Act of 1992. As you know by now, Congress voted to override the president's veto of S.12. This bill is designed to lower cable television rates and improve customer service by requiring the Federal Communications Commission to set a nationwide price for basic cable service. This legislation also allows the FCC to regulate the rates for packages above the basic tier if there is a complaint by a state or local government or other type of franchising authority. I opposed this legislation. While I support encouraging competition within the cable industry, I feel the cost of the increased regulations included in this legislation will be extremely expensive and ultimately land on the cable consumer. As an alternative, I supported a more reasonable approach presented by Congressman Norman Lent (R-NY). This amendment, which was rejected in an earlier vote, would have regulated rates for a basic level of cable service. The substitute would also have made other changes that would have made the rate and program regulation in the bill more realistic. Thank you again for your comments and please let me hear from you again. Sinc rely, Jo fley Me ber of Congress JH:lh WASHINGTON OFFICE: COLORADO SPRINGS OFFICE: LITTLETON OFFICE: 222 CANNON HOUSE OFFICE BUILDING 1O4 SOUTH CASCADE, SUITE 105 10394 WEST CHATFIELD AVENUE WASHINGTON, DC 20515 COLORADO SPRINGS, CO BO9O3 LITTLETON, CO 80127 (202) 225-4422 (719) 520-0055 (303) 933-0044 Gov, United States Forest White River Holy Cross Ranger District ~ Department of Service National P.O. Box 190 Agriculture Forest Minturn, Colorado 81645 303-827-5715 Reply to: 2710 Date: October 26, 1992 RECEIVED ~ ~ 7 1992 Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Interested Party: The Holy Cross Ranger District of the U.S. Forest Service has received an application From Holy Cross Electric Association, Inc. (HCEA) requesting a permit to construct a new multi-user electronic facility at the summit of the Beaver Creek Ski Area. As a result I am initiating an environmental analysis to consider the request and am seeking your comments for the analysis at this time. HCEA proposes to construct a 635 square-foot, one-story building; an 80-foot self-supporting antenna tower; concrete foundation; and underground utility lines. The site would be located in a forested area on the summit, with the tower extending about 20 feet above the average tree height. The unattended operation of the facility would be operational on a year round basis for an indefinite period of time. Construction activity would consist of minimal excavation in a previously disturbed area and is proposed for the summer of 1993. Other facilities currently present on the summit include a ski patrol headquarters building and two ski lift buildings. The facility would provide a reliable voice and data communication link into four existing electrical substations; the general improvement of utility communications in the Vail Valley; and the opportunity to combine other electronic facilities, such as Vail Associate's facilty at Spruce Saddle, into the new multi-user facility. The site would also provide capacity for other future electronic site users, such as National Public Radio. The summit of the Beaver Creek Ski Area is a desirable multi-user electronic site because it would provide for direct microwave paths into the substations, it has an existing access road, and commercial AC power and telephone service are available. Several alternative means of providing communication service will be considered such as dedicated digital wire line circuits from U.S. West Communications, fiber optic cable, and satellite transmission systems. U~S FS•8200.28(7.82) ~ ~ 2 Microwave radio necessitates line-of-site paths for transmission. Thus, the siting of a microwave telecommunication facility is extremely important. A site that is not visible into all four of HCEA's existing substations would require additional site development to relay microwave transmissions. Several microwave routing alternatives have been examined. The Dowd Junction and Vail Mountain multi-user electronic sites, and the Bellyache Ridge Bureau of Land Management site would not be visible to the Beaver Creek substation, and at least two sites would be required to reach the other three substations. The summit of Beaver Creek Ski Area appears to be an ideal location because it has acceptable microwave paths into three of the four substations. The fourth substation can easily be reached with a small passive reflector on an existing transmission line tower. Because the summit of Beaver Creek Ski Area represents a major recreational location for skiers in the winter, and hikers and bikers in the summer, a preliminary issue identified for this project is potential impact to visuals resources. The Holy Cross Ranger District of the White River National Forest is evaluating the application and is accepting comments from the public to determine what other issues, concerns, and opportunities the proposed project may generate. Your comments will be used to guide the preparation of an Environmental Assessment which will analyze project impacts and propose measures to mitigate these impacts. If a decision is issued to allow the proposed project, and there is competitive interest in constructing and managing the new electronic site, a prospectus will be issued soliciting qualified site managers. Written comments should be addressed to William A. Wood, District Ranger, White River National Forest, Holy Cross Ranger District, P.O. Box 190, Minturn, Colorado 81645. Sincerely, • WILLIAM A. WOOD District Ranger TJG U~?S FS•8200.28(7-82) ~ y'{ 5 f C~iI.~~Le., /fir C C RECEIYE~ OCT Z 9 r°M~ NORTHWEST COLORADO COUNCIL OF GOVERNMENTS T1~X~r~ WATER QUALITY/QUANTITY COMMI ~ ~ EE MEMORANDUM TO: QQ Membership FROM: Sandy Blaha~.'~ NWCCOG . RE: October 21 Core Group Meeting DATE: October 27, 1992 The Core G=oup promised to keep you in the loop during the absence of a Program Director. The following are brief not.~:s from the last Core Group Meeting. For further information call Sandy Blaha at 668-5445 or Rick Hum at 453-2561 ext. 350. DIRECTOR HIRING PROCESS At the QQ meeting in Frisco and Aspen we decided to leave the options open for hiring a contractor or an employee for the Director position. These options will allow QQ to attract the best qualified applicant. We have fast tracked the hiring proces. Ads are out and deadline for applicants or consultant's proposals is November 11th. Interviews are scheduled for November 18th. Please call Rick Hum if you are interested in being involved in the hiring. You will need.to set aside the morning of November 12th and the afternoon of November 18th in order to be involved in the hiring process. We hope to have a commitment for a new director to begin work on January 4th. We have enclosed a copy of the ad and the job description. Please call Sandy with any recommendations of consultants to whom we should send the RFP. LEGISLATIVE RECEPTION The Core Group investigated the options for a legislative reception and has decided that the most effective format to share QQ's.point of view on water management issues is a series of small group meetings. Rick Hum and the new director will organize this effort. Post Oitice Box 739 * Frisco, Colorado 80443 * Frisco 303 668-5445 * FAX 303 668-5326 NEW COMMISSIONER TRAINING Kevin Lindahl is preparing a draft agenda for the new commissioner training tentatively scheduled for January 7, 1993 at the Frisco Town Hall. QQ members are encouraged to attend this meeting. You may also want to invite key staff members to this meeting, municipal or county attorneys, county managers or key department heads. Questions on other QQ issues call me at 668-5445. r NORTHWEST COLORADO CC~ COUNCIL OF GOVERNMENTS Post Office Box 739 Frisco, Colorado 80443 Phone 303 668-5445 FAX 303 668-5326 October 26, 1992 T0: Colorado Municipal League VIA FAX 860-8175 FROM: Lynn Donovan,--NN'CCOG 668-5445 Please place this ad in the November 4th Jo.b Finder. PUBLIC POLICY/EXECUTIVE DIRECTOR - Water Policy Program, North- Central b[ountain area, requires ability to work effectively with elected officials, public administration and public policy expertise and knowledge of Colorado water policy. Submit resume and references to Associate Director, NWCCOG, P.O. Box 739, Frisco, CO, 80443, EOE. Independent contractors also encouraged to apply. Cal 1, (303)668-5445 for RFP. Deadline for submissions November, 11 1992. 1dJV?Q/QQdi rad A Engle County: Avon, Bosolt, Engle, Gypsum, Minturn, Red Cliff, Voil, ' Grand County: Froser, Granby. Grond Joke. Hot Sulphur Springs. Kremmling, Winter Pork, 'Jackson County: Walden. ' Pitkin County: Aspen. Snowmoss Village, ' Routt County: Hayden, Ook Creek, Stevmboot Springs, Yompa, ' Summit County: Blue River, Breckenridge, Dillon, Frisco. Montezumo. Silverthorne - - wr• JOB DESCRIPTION PROGRAM DIRECTOR - NORTHWEST COLORADO COUNCIL OF GOVERNMENTS WATER QUALITY/QUANTITY TRUST FUND (QQ) Job Summary Development and management of water policy program for Colorado State Planning and Management Region 12. Requires knowledge of Colorado water policy and management issues, ability to work effectively with elected officials and ability to work effectively as a member of a team. Responsibilities Organize and coordinate quarterly QQ Board meetings and monthly core group meetings to set policy, receive information, review_activities and effectively organize the business matters of the organization.. Keep elected officials informed of the activities of various water interests and organizations. Report back to QQ committee and. recommend strategies for policy implementation. Coordinate activities of outside General Counsel. Coordinate with contractual legislative liaison. Track legislative and regulatory proposals affecting local government land use authority and water quality; organize testimony before committees; keep elected officials informed on a regular basis during the legislative session. Organize, develop and manage the business of the Water Quality/Quantity Trust Fund, including budget development, financial management and accomplishment of the annual work plan. Continue efforts towards coalition building on 1041 powers. Pursue and develop water quality planning process for the - Upper Colorado River Basin. Develop and maintain communication with: staff, QQ committee and NWCCOG board; coordinate QQ activities with the Colorado River Headwater Forum; coordinate and serve on work groups; serve as liaison between stakeholders and local consensus building process; attend meetings of various water interests and organizations; monitor and report on state and regional water resource management issues. Track legislative issues as they pertain to Region's water interests and report to Board. Monitor transmountain diversion activities - prepare position papers, review EIS's, comment on specific proposals. Criteria For Evaluation The QQ Core Group will complete an informal three month review and a formal written six month review of the Director's performance. An annual review will be completed each January thereafter, and documented to the personnel file. Informal or formal reviews may, however, be completed on a periodic basis as requested by the QQ Board. The director must demonstrate effective application of skills in the areas of management, communication and policy analysis to be successful in this position. Reporting Relationship The Program Director-reports directly to a board of county and municipal elected officials and works closely with state and federal agencies and legislators. The program is implemented in conjunction with General Counsel and the NWCCOG Water Quality Engineer. The program is supported by a half time secretary. Telephone reception and fiscal support are also provided. Qualifications Bachelor's Degree required, Advanced Degree preferred. Must have a minimum of five years of. public administration and/or policy analysis experience. Drivers license required. Speech, hearing and eyesight must be adequate to perform basic job functions, i.e. communicate effectively by phone or in person, testify before committees, and read detailed reports. Knowledge of state, local and federal water quality policy issues. Knowledge of public policy formulation and analysis techniques. Ability to speak effectively before large groups and to give effective presentations at conferences, workshops and meetings. Ability to maintain positive working relations with staff, state, local and federal agencies. Ability to communicate orally and in writing with a wide variety of individuals and organizations including elected officials, state and federal agencies, boards and commissions and community organizations. Ability to work well independently with appropriate judgment as to when to seek input from QQ members and elected officials. Ability to manage a budget effectively and organize work tasks and office systems. SB/lb/sandygq RECEIVED OCT 2 8 X992 Cl 1'1 Fa Cl I'1 a rl i cl ll ~ ~ iii. l'1 cl c' x c::i. 'c 9. r1 r;J I'19. r1 cl !ii iii. I:1 1:11.1 •t • (r U 1 Cl I" i3.(:I Q ~ !a i^ ~i?C~ fi i. I' L7 V ~P 1~ ~J ~ i^ Ill 1'1 I" (:1 '7, :L Ill (~~1°i Ei I"1 to l.J '7. I'1 ti? ll I:l :L :1. C: %1 C1 CI I:? I~ 7. V %1.'f Vii? t": r»: L q I" !ii J (:1 :1. 1'1 F? (:I '7, (:1(:J E:? '7, I'1 1" 1: iii{~ I'i :L E? V 4J I'1 i9. '7. 17 rr:? I'1 E2? I" C^ (7 1.1 (:1 U Cl i:•1.:~ p Il r3. • . .I. 'u l.'~i 1. I'1 t~? l:l 7. 11 :I. ly I'1 (7 'f IIl iil. h tiJ 'L 17 iil.'7, I~ L'1 t.l .1. i:l.!:i I:: I" 1.1 ~ ~ ~ !ii - ii;. m t=1~ ca In n 'c W (7 t.l a. ca (J 't, r• (a y •r, h a 4 is Ia :i. 1 :i. •i.y i3.1'1 cl c~:17 cf 1.1 !:i (:1(:) W 1'1 t, I'1 f:'? !ii %3.11} 4:? I" iE3. (:1 'i: Il C:i.'7, ii3..l.:1. 'I' 1" 11 :1, iii. :1. !ii Cl I'i '7, i:) (:i iii. lJ . F1 I:1(7 l.! '7, (:1 c3. if '.a 1^ Ill iil.:1. 1'1 h f:i? •r tJ 1" ~y '7,17 ri? :I.4:? t,•; 7, :i. (J I'1 . F1 f' i Cl 'i: I'7 ti•' I'. ~ t'. iil..l. !Ei ~ ll !ii '7, t.:) 11} :1. I'1 l.i "L ~:?!:i G) 'I' lJ f:l 1.1 I" Ll I'1 C: I'1 I'1 l.I 1" ~ F:i.1'1 (:1 4J ~:c. ii3.17 cj k? Il t?? I" i:i. `t'. C? 1. ~ E:3:J .I. 111 t:l I" P:? ~I V i:l 'L (:4 !5 I i`a I.J I.11 i I::. W .I.1'~I ~1 .I. Y 1"I ~11~ .I. I( f:;? Il % ,C.:I. IIl 111 t,-•y 1" 11'1 ia. ('1 I•_s (:)1.11 cl r• I`, iii Ill I:} ri? I" t~ •1' C: n'~ I1•. r` r.:: r:+ VAIL TOWN COUNCIL REGULAR EVENING MEETING. TUESDAY, NOVEMBER 3, 1992 7:30 P.M. AGENDA 1. CITIZEN PARTICIPATION. 2. Consent Agenda: Approval of the Minutes of the October 6, 1992, and October 20, 1992, Town Council Evening Meeting Minutes. 3. Ordinance No. 29, Series of 1992, second reading, annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1993, through December 31, 1993, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1992 tax year and payable in the 1993 fiscal year. 4. Ordinance No. 27, Series of 1992, first reading, an ordinance amending Section 18.57.020 - Employee Housing Units (EHUS) generally, of the Municiapl Code of the Town of Vail, Paragraph 18.57.020 (C) and (D) to clarify restrictions on the leasing and sale of Employee Housing Units, and Paragraph 18.57.020 (K), Section 18.57.040 (B) 5, Section 18.57.040 (B) 9, Section 18.57.060 {B) 13, Section 18.57.050 (B) 7 to clarify the meaning. 5. Adjournment. 4444444444444444444444 THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 11/10/92, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE TUESDAY, 11/17/92, VAIL TOWN COUNCIL WORK SESSION WILL BEGlN AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 11/17/92, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. 4444444444444444444444 C:WGENDA.TC