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HomeMy WebLinkAbout1996-03-12 Support Documentation Town Council Work Session VAIL TOVilftl COUNCIL WOR6C SIESSION TUESDAY, MARCH 12, 'i996 12:00 P.M. ,41' 1'OV COIINCIL CHAMBERS ,4GENDA 1. PEC/DRB Review. 2. Update on Eagle Mine Clean-Up. 3. Council Long Term Strategy and Goal Setting. 4. . Information Update. 5. Council Reports. 6. Other. 7. Executive Session.- Legal Issues. 8. Adjournment. NOTE UPCOMING fViEETiMG START TIIViES BELOW: (ALL TIIViES ARE APPROXIfViATE AND SUBJECT TO CHAiVGE) IIIIIII THE fVEXT VAIL TOVVN COUNCIL REGULAR WORK SESSION VVILL BE ON TUESDAY, 3/19/96, BEGINMIRIG AT 2:00 P.M. IN TOV COUMCIL CHAIViBERS. THE FOLLONVING VAIL TOWN COUNCIL REGULAR VVORK SESSION 1!ilILL BE ON TUESDAY, 3/26/96, BEGIMNING AT 2:00 P.M. IN TOV COUNCIL CHAIViBERS. THE NEXT VAIL T01ltlN COUNCIL REGULAR EVEiVING iViEETING 1lVILL BE ORI TUESDAY, 3/19/96, BEGINftIING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS: I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. C:WGENDA.WSE C A NAIL YOWN COUNCIL WORK SESSBON TUESDAY, MARCH 5, 9996 92:00 P.M. .4T TON COUNCIL CHAflABERS IEXPAiVDED AGEPIDA - LUNCH PROVIDED • 12:00 P.M. 1. PEC/DRB Review. • 12;15 P.M. 2. Update on the Eagfe flNine Supertund Clean-up by Patricia Teik, Eagle River Environmental & Business Alliance and Dick Parachini, CoVorado Department of Public Health and Environment ACTION REQUESTED OF COUPICIL: Provide support, if, needed, for the Eagle Mine clean-up. BACKGROUND RATIONALE: The Eagle Mine, located south of Mintum was declared as a Supertund site in 1988. Impacts from the mine includes: high heavy metal concentrations in water quality, near efimination of fish populations within 3-4 miles downstream of the mine, and posed a threat to drinking water. The Eagle River Environmental Business Alliance (EREBA) was established to help monitor the clean-up of the mine. The Vai1 Town Council has provided letters of support for EREBA in the past to hetp move the clean=up forward. Town . of Vail staff have participated in EREBA meetings, site visits, and press releases and the annual fish monitoring project. Since the clean-up has begun water quality has irtiproved and trout are now found in the Eagle River downstream of the mine. Continued monitoring is needed. especially since the Vail water system now uses water from the Eagle Rrver 12:40 P.M. 3. Council Long Term Strategy and Goal Setting (see 2127/96 agenda, pick up where left off). 3:40 P.M. 4. Information Update. 3:50 P.M. 5. Council Reports. . 4:00 P.M. 6. Other. 4:10 P.M. 7. Executive Session - Legal Matters. • 5:10 P.M. 8. Adjournment. RfOTE UPCORAIPlG AAEETIfdG START TINVES BELOlA/: InLL 71ME5 ARE naoq0•IMArE .+ND $UBJECT TO CMANGEI II~IIII _ THE R1EXT VAIL TOdUN COUNCIL REGULAR UNORK SESSIOPI WIIL BE ON TUESDAY, 3119196, BEGIPlM1P1G AT 2:00 P.M. IN TOV COUNCIL CHAAABE62S. TP9E FOLL01fU1PlG VAIL TONUIV COUNCIL REGULAR WOR6( SESSIOAI 1MlLL BE 04d TUESDAY, 3126196, BEGINNING AT 2:00 P.M. Ifd TOV COUNCIL CHAfWBERS. THE WEXT VAIL TOdUM COUNCIL REGULAR EVEPlIfiIG MEETING 1RlILL BE ON TUESDAY, 3/99/96, BEGIPIPJING AT 7:30 P.M. I(d TOV COUNCIL CHAAflBERS. III1111 Sign language interpretation available upon request with 24 hour notification. Please ca11479-2114 voice or 479-2356 TDD for information. C:WGENDA.NSE Y b. Houseng Questions to be answered * lNhat is the role of the 'fOV in Yhe provision of housing for locals (should be actively involved, or let the free market deal with this issue?) ° Should we acquire private land with development rights? ° Should we consider using existing "fOV land that is currently zoned open space or purchased with RET'T funds? * Should we acquire existing uniYs and impose restrictions? ¢ How serious is the Council about using RETf fiunds.for housing? ~ Is the Council willing to use condemnation powers to acquire land? N x * Schedule'/2 day meeting session to review and discuss specific parcels ° Schedule meeting Yo discuss and define the role ofi the housing authority. ce DeveBopmen4Revaew Questions 4a be answrered * V!lhat is the Council's Governing Ptrilosophy? ° Does the Council wish to modify the TOV Developmenfi Regulations? ¢ Does the Council wish to pravide incentives 4o encourage redevelopment? ISSUeS ~ Modify GFiFA Regulations ° iViodify SDD regulations ~ iVsxt Stel2s ° As directed by the Town Council d. PaPk6ng . . QusStiAns tA be answered ° What is the Council's philosophy regarding parking? ° How does the Council wish to balance the competing issues of parking rates, free public transportation and traffic management? issues ° Parking Rates & Polices . ° Park & Ride lots N-ext SteP5 ~ Prepare financial analysis of changes to rate structure ao 7PafhlspoGtagUoW Questions tp be ansdvered ° Level of participation in rail abandonment process? V - I TOWN OF VAIL TOWN COUNCIL RETREAT February 27,1997 AGEIdDA I: Discuss Desired Retreat Outcomes * Town Counci/ articulation what it hopes to accomplish over the next two years II. Review Staff Vision and Values III. Review and/or modify current TOV Vision III. Review and/or modify current TOV Mission Statement IV. Review 1995 Critical Strategies V. Discuss Critical Strategies and Goals for 1996 , a. Economic Development Questions to be answered * What is the role of the TOV in economic development? ' What is the Council's philosophy on providing incentives for renewal and redevelopment? ' What is the Council's perspective on the Community Plan being proposed , by the TOV/VA Task Force? ' What are the "scared cows" than cannot be considered in preparing the Strategic Financial Plan ' Is there a target balance between revenue enhancement and expenditure reduction? Issues . * Address the TOV financial situation ` Parking rateslstrategies - Live beds in the Village & Lionshead ' Minimum fund balances Loading and delivery facility Next Step-a ` Devefop Strategic Financiai Pian to balance the 10 year budget ` Develop public participation for financial plan * Faciliate Lionshead Redevelopment ' Analyze split between General Fund and Capital Project Fund ~ Analyze impacts of refinancing TOV debt 'Determine appropriate level of fund balance . 0 ° Do we vuish to bid on operating the regionai transportation system? 9. Publuc pavtucupa4aow Cluesfiions to be answered - ' Are we committed to Yhe process outiined 2/13/96 Issues ~ Time (to complete steps before decision making occurs) ° Identify opportunities for public processes in 1996797 N x ° Draft public process for 9 996/97 decisions, opportunities for Council approval and implementation 1. Capota0 Cons4ruc4aon Questions to be ansvuered ~ Should we proceed on ihe West Vail interchange project before we 6cnow the level of state and/or federal funding? N x Schedule Council meeting to prioritize capital projects in 9997/98. g. Intergovernmen4a9 Re9agoons Questions to be answrered . ° llVhat is the role of the TOV in permanent funding for marketing? . ; h. 1999 Sku Championsh8ps 8. M9SCe00ane0us ° Berry Creek 5th . . ° Contributions request criteria ° Banners ' 800 MHZ radio system a OUR . V~[SION TOWV . ~ 4V,41L We serve Vail's future by providing high quality, cost effective services today. We value each individual's role in achieving results which are fiscally, environmentally, -and socially sound. Respect, trust, and excellence . guide our efforts. OUR VALIJES FfE • Respect the individual . • Recognize effort and achievement • Communicate openly and honestly . , •~Encourage innovation arid risk taking • Commit to excellence in all we do • Use teamwork to achieve results • Manage our resources to serve the,community of today and the future • Each take ownership for Vail's future f~LANN9NG APID EN9VIROIIdMENI'TAL COIIAMISSIORB March 11, 1996 F8NAL A?GENDA Prcaject OrientatiAn / Lunch 11:30 am o Transcription of Minutes (Mike) o Scheduling of Agendas (George) Sate !lus6ts 12.45 pm 1. Erickson - 1987 Circle Drive 2. D'Alessio - 2299 Chamonix Lane , 3. . Hibberd - 122 East iVieadovu Drive Driver: George Paab9ic 8-6eaa'o~oa~ 2:00 p.m. 1. Swearing in of new PEC members by Holly McCutcheon, Vail Town Clerk. 2. A request for a Conditional Use Permit to allowr for a Bed and Breakfast located at 1987 Circle Drive/Lot 26 Buffehr Creek. Applicant: , Jeannine Erickson Planner: Jim Curnutte _ MOTIOfV: Greg Amsden SECOIVD: Kevin Deighan VOTE: 7-0 A~~~OVED 3. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing single family residence located at 2299 Chamonix Lane/Lot 7, Block A, Vail Das Schone Filing #1. Applicant: Frank D. D'Alessio Planner: George Ruther MOTION: Galen Aasland SECOiVD: Greg Amsden VOTE: 7-0 APPRO1lED WITH ONE COiVD6T80N- That the DRB will review and approve fenestration on the west side of the residence. 4. A request for a major exterior alteration in the Commercial Core II zone district for a ' proposed addition to Gotthelf's Gallery in the Village Center Building, located at 122 East fi/leadovu Drive/Block 5E, Vail Village First Filing. Applicant: Fred Hibbard, represented by Pam Hopkins Planner: George Ruther MOTIOfV: Greg Amsden SECOND: Henry Pratt VOTE: 7-0 APPRO!!~~ ~~TH THREE CONDBT90R9S 5. A request for proposed amendments to numerous sections of The Town of Vail Municipal Code, including but not limited to Titles 16 & 18 to allow for modifications to the Sign Code and the Design Review Guidelines. Applicant: Town of Vail Planner: Randy Stouder MOTION: Kevin Deighan SECOND: Henry Pratt VOTE: 7-0 APPROVED 6. A request for a change to the Town of Vail Survey Policy relating to the establishment of base elevations used in the calculation of building height.. Applicant: Town of Vail Planner: Lauren Waterton MOTION: Greg Amsden SECOND: Gene Uselton VOTE: 5-2 (Pratt and Aasland against) APPROVED OPTION NO. 2 7. A request for site coverage, front setback, side setback and density variances to allow for an addition to the building located at 1845 West Gore Creek Drive/Lot 21, Vail Village West Filing No. 2. Applicant: Ted Smathers, represented by Brent Alm Planner: Jim Curnutte TABLED TO APRIL 8,1996 _ 8. A request for a worksession to discuss a setback variance and a separation variance to allow for the construction of separated garages partially within the front setback, located at 2853 & 2833 Kinnickinnick Rd./Lots 7& 8, Block 4, Vail Intermountain. Applicant: Peter Gladkin for Timber Creek Condominium Homeowner's Association Planner: Randy Stouder TABLED TO MARCH 25, 1996 9. Information Update - 10. Approval of February 26, 1996 PEC minutes. 11. Assignment of PEC representatives to DRB Board: * Greg Moffet Jan. - Mar. ` Gene Uselton Apr. - June * Diane Golden July - Sept. • Greg Amsden Oct. - Dec. 12. Assignment of PEC representative to Housing Authority - Andy Knudtsen. Greg Moffet Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. PLANNBNG A9VD ENVIRONIIAENTAL COnAIN1SS10N NNarch 11, 1996 AGENDA ProjecR Or'sentation / Lue~ch 11:30 am o Transcription of Niinutes (Mike) . o Scheduling of Agendas (George) Site Vas6ts 12e45 pm 1. Erickson - 1987 Circle Drive 2. D'Alessio - 2299 Chamonix Lane 3. Hibberd - 122 East Meadow Drive Driver: George Publuc HeaPUna 2:00 pam. 1. Swearing in of new PEC members by Holly McCutcheon, Vail Town Clerk. 2. A request for a Conditional Use Permit to allovu for a Bed and Breakfast located at 1987 Circle Drive/Lot 26 Buffehr Creek. Applicant: Jeannine Erickson Planner: Jim Curnutte 3. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion ' to an existing single family residence located at 2299 Chamonix Lane/Lot 7, Bloclc A, Vail Das Schone Filing #1. Applicant: Frank D. D'Alessio . Planner: George Ruther . 4. A request for a major exterior alteration in the Commercial Core II zone district for a proposed addition to Gotthelf's Gallery in the Village Center Building, located at 122 East Meadowr Drive/Block 5E, Vail Village First Filing. - Applicant: Fred Hibbard, represented by Pam Hopkins - Planner: ~ George Ruther 5. A request for proposed amendments to numerous sections of The Town of Vail Municipal Code, including but not limited to Titles 16 & 18 to allow for modifications to the Si,gn Code and the Design Review Guidelines. Applicant: Town oY Vail Planner: Randy Stouder 6. A request for a change to the Town of Vail Survey Policy relating to the establishment of base elevations used in the calculation of building height. Applicant: Town of Vail Planner: Lauren Waterton 7. A request for site coverage, front setback, side setback and density variances to allow for an addition to the building located at 1845 West Gore Creek Drive/Lot 21, Vail Village West Filing No. 2. . Applicant: Ted Smathers, represented by Brent Alm Planner: Jim Curnutte TABLED TO APRIL 8,1996 , 8. A request for a worksession to discuss a setback variance and a separation variance to allow for the construction of separated garages partially within the front setback, located at 2853 & 2833 Kinnickinnick Rd./Lots 7& 8, Block 4, Vail Intermountain. Applicant: Peter Gladkin for Timber Creek Condominiurn Homeowner's Association Planner: Randy Stouder TABLED TO MARCH 25,1996 9. Information Update 10. Approval of January 26, 1996 PEC minutes. 11. Assignment of PEC representatives to DRB Board: Greg Moffet Jan. - Mar. ' Apr. - June ' July - Sept. ' Oct. - Dec. 12. Assignment of PEC representative to Housing Authority - Andy-Knudtsen. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. . DESIlGI~ REVgEW BOA8D AGENDA March 6, 1996 3:00 P.M. NEW MEMBER OR][IENTA'II'ION (7['ED HINGS'g' & CLARK BltIT7{'AII`1 ONL }f) Il2:30 PROJEC'II' ORIENTA'Il'ffGIY / NO lLUNtC]H[ Il:30 Sff7CE VIt3ITS 2o15 1. Sun Vail - 605 IVorth Frontage Road . 3. Austrian - 666 Forest Road , Driver: Randy 1. Introductions and swearing in of new members - Holly McCutcheon (Town Clerk) HOI[.,]LY M~CUTCllH[EON SWOYZE IN BOTH NEW MEMBERS. 2. Discussion of appointment of a Chairman and Vice-Chairman POSTPONED - Mike Arnett to continue as Chair, Brent Alm to act as Vice-Chair 3. Sun Vail - Tree removal and replacement. I31VI 605 North Frontage Road/Lot 9, Block 2, Vail Potato Patch Applicant: Bob Lazier . MOTION: Alm SECOND: Hingst VOTE: 3-2 (Brittain and Amsden dissenting) API~~~VED V~qTIH[ CONDd'II'IIONS 4. Kinney garage addition - final review of a new garage. GR 5164 Main Gore Drive / Lot 13, Vail 1Vleadows No. 1 Applicant: Dale Smith MOTION: Alm SECOND: Brittain VOTE: 5-0 APPII~OVEllD 5. Austrian - Separation request. RS 666 Forest Road / Lot 7, Block 1, Vail Village 6th Filing Applicant: Neil Austrian MOTIOIV: Alm SECOND: Brittain VOTE: 5-0 IIDIENffIED - Based on Separation Criteria 1 MEMBERS PRESENT MEMBERS ABSENT Mike Arnett Brent Alm Clark Brittain Ted Hingst " Greg Amsden (PEC) Staff Approvals Davis Residence - Addition. GR 5165 Black Gore Drive/Lot 17, Block 2, Gore Creek Subdivision Applicant: Kurt & Leslie Davis Bieber / Wildberger - Deck addition. LW 933 Red Sandstone Road 44/Cottonwood Townhomes Applicant: Barbara Bieber & William Wildberger Talisman - Repaint. LW 62 E. Meadow Drive / Lot L, Block SE, Vail Village lst Filing - Applicant: Tom Saalfeld Lionshead Centre - Residential addition. ` LW 520 Lionshead Mall / Lionshead Centre Applicant: Bill Pierce • ` Anderson - Changes to approved plans GR 1970 Chamonix Lane/Lot 35, Buffehr Creek Subdivision Applicant: Bill Anderson Cohagen - Aiter.ations. JC . 483 Gore Creek Drive - Unit 2B/Lot 2, Vail Village 4th Filing Applicant: John Cohagen Milkace III duplex - Exterior changes to previously approved building. JC ° 1335 Westhaven Drive/Millrace III Area A, Block 1, Cascade Village Applicant: Gregory Walton Koenig - Change to approved plans. LW 795 Potato PatchV.ot 24, Potato Patch Subdivision Applicant: Gary Koenig Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. (Agenda last revFSed 316196) 2 / Februarv 27. 1996 Town Council Retreat Notes RETREAT OUTCOMES ~ Consensus on where we are going ~ What are the issues? ~ Specifics..,who does what by when? ~ What direction (policies)in place ~ Consensus on four to ten goals, some short term/some long term ~ Better understanding of other Town Council direction ~ Detailed plan for dealing with/resolving deteriorating economic situation ~ Format for Council's leadership in the community (proactive rather than reactive) ~ Commitment to reshape culture and spirituality of TOV (now... police state rigid/highly regulated) ~ Consensus on problems 0 Acceptable incentivization program 0 Cohesiveness/understand and identify key issues a Define/achieve specific outcomes ~ Council's role in day-to-day operations per the Charter VAIL'S VISION "Visitor's and employees can work, live and play at high standards and we reestablish a sense of communitv". (Kurz) "Cloudy. Political will or withoizt consensus some tough issues to shape tomorrow." (Johnston) "All aspects of community to work together to address problems as they surface." (Armour) "Pe-ople happy in the community where they live. Things aren't perfect, but we are the number one ski resort in America." (Foley) "All members of community are able to enjoy environmental beauty. Vde do not have many of the problems of larger communities. Community is voters, visitors, workers, employees living down valley, business owners, and children." (Navas) "Sustainable community in terms of economic, social or environmental aspects." (McLaurin) "Responsible, effective with services, environmentally sensitive...to shape the future." (Bob)? Continued opportunity for people to come here for opportunity." (Jewett) TWO YEAR CHALLENGES Housing Economy Transportation Leadership Infrastructure Redevelopment Loss of permanent residents Employee compensation Local, regional leadership Cooperation with community Environmental Provision of services Debt restructuring Economic health TWO YEAR CHALLENGES (CONSENSUS) Housing Economic development Transportation Leadership Infrastructure TEN YEAR CHALLENGES Social/economic gap/crime/disenfranchisement Pressure on municipal services Preserve open space Economic vitality Population decrease/build community (down valley migration) Parking demand/transportation Growth problems/pressures Competitive as a resort Valley wide cooperation and identity while maintaining our own identity Stabilize the quality of life Transportation to the valley (from DIA) Redevelopment Housing Vail Associates' future Regionalism/single valley government o ° POLITICAL, ENVIRONMENTAL, STRATIGIC AND TACTICAL ASSUMPTIONS POLITICAL ASSUMPTIONS CURRENT WINDOW OF HOPE INSTABILITY IN THE ELECTORATE LESS FEDERAL/STATE HELP POLITICAL BASIS STRONG D.V. TERRITORIAL POLITICS WHILE COMMUNITIES GROW ELECTORATE GOALS AND DESIRES CHANGING CHANGING VOTER DEMOGRAPHICS (MORE RENTERS) LEADERSHIP Council must represent other than just voters (merchants, down valley employee, etc.) No easy answer or obvious decisions ECONOMIC Lot grant impacts/social services Ski industry future uncertain Heading towards crisis in revenues expenditure balance Real estate market uncertain Increasing linkage into competitive communities , Increasing capital needs Cannot count on state for marketing and tourism ' Tabor Amendment limits revenue generation , 1999 World Alpine Ski Championships 2002 Olympics in Utah Expanding economic diversification (conferences, corporate education) SOCIAL Sense of community will deteriorate without intervention Crime will increase Vail population will age Seasonal worker will create challenges (illegal aliens) Snowboarders (age gap) Socioeconomic gap will increase Demand for social services will increase We will struggle with change and adversity New kinds of businesses TECHNICAL Transportation to Denver (I-70) will unlikely improve/probably deteriorate Eagle may improve with more flights/passerigers State's ability to improve/maintain infrastructure DIA impact must be considered/short term a liability/long term may be an asset Computer/technology (modem cowboys) SWOT ANALYSIS STRENGTHS Natural setting/environment The mountain is a product Intelligent, broad view and committed Core of quality folks (in community/committed to a community) More accessible than competition Relationship with Vail Associates Political will for hard choices WEAKNESSES I-70 (potentially) Large base of absentee owners Tax structure and limitations (Tabor) Community divisions broadening (Balkenization) Aging economic infrastructure Down Valley migration Lack of develop able land Condominium dominance Lack of redevelopment strategy Lack of common Community vision and values Lack of community facilities OPPORTUNITIES NEW TOWN COUNCIL Emerging crisis Redevelopment Chamber of Commerce Forest Service changes World Alpine Ski Championships Berry Creek options Special Events Relationship with ski company Railroad Technological capacity THREATS Federal and State legislation Potential VA management change . Change in character of ski area (destination to day skier) Declining skier base I-70 congestion/pass closure Competition catching up (other resort choices/warm weather resorts) National recession/revenue forecasts/real estate downturn Availability of cheap land Weather Avon Inability to motivate community to own problems ECONOMY Problem statement Uncertain economic future/with current negative trends Outcome Implement policies and procedures to assure economic stability Strategies Analyze retail trends and op.portunities Encourage responsible redevelopment and development to contribute to economic strengths. Identify targets Tactics Complete review of ordinance to improve development review process April l, 1996 Performing arts center on Lionshead parking structure December, 1998 Review and modify SDD ordinance/report and draft ordinance July l, 1996 Improve the existing quality of the experience to generate activity in commercial cores (trucks, noise, special events) May 15, 1996 Bring forward council endorsement of governing philosophy, report within 30 days (April 2, 1996) STRATEGY Encourage retail growth TacticAL retail commercial retention plan Conduct an analysis to refinance debt to allow increased financial capacity, 4 months (July 1, 1996) Study parking options in relation to retail strengths involving the community Encourage and facilitate creative festival retail opportunities HOUSING Problem statement: lack of "locals housing" has a negative impact socially, economically, and from a transportation perspective. Desired outcome: stable community employment base. STRATEGIES Apply deed restrictions with $ controls Target all levels to serve community needs LEADERSHIP Strategy: take a strong, assertive role with state legislature on water, transportation, land use planning, and revenue sharing issues FEDERAL LEVEL Privatization of public lands (Forest Service) Use of USFS lands for seasonal housing County: strengthen relationships to serve Vail's interests Vail community, facilitate discussion and partnerships on vital issues with merchants, citizens, etc. (Council and staff) Let community know our interest, commitment, and willingness to act responsibly TACTICS Town Council spends time in community Open time with Council at town hall Cable Channel (use it better) Spend more time on quadrant 2 issues Mayor's breakfast/pizza parties (,t15 3- f d • `1(a ukc,- W3 CAPRAL PROJECTS FUIlD TEN YEAR SUMMAflY OF f1EVENUES AND EXPENDfTURES 1997•2005 ' Revenucs: 1997 1998 7999 2000 2001 2002 2003 2004 2005 TOTAL Salos Tar 4,768,245 4,063,610 5.058,154 5,159,317 5,262,504 5,367,754 5,475,109 5,584,611 5,698,303 47.235,607 Lih 7ax ' 994,700 1,009,621 1,039,909 1,055,508 1,071.340 1,087,410 1,103,722 7,120,277 1,137,082 9,619,569 CounrySalesTax 217,350 221,697 230,565 235,176 239,880 244,677 249,571 254,562 259,654 2.557.132 RETT Loan Payment 500,000 500,000 500,000 500,000 p,ppp,ppp Vail Commorrs Leasa Payments 50,000 50,000 50,000 55,000 60,000 65,000 70,000 75,000 75.000 550.N0 Noie Repaymoni • Police Oepartmern 16,400 113,400 76,400 49,200 Interesi Income 8 other 33,323 0 0 0 0 0 0 0 0 33.323 6.580,018 6,661,327 6,895,028 7,005.001 6,633,724 6,764,842 6.898,401 7,034,451 7,168038 61640830 Equlpment Purchases Flre Truck Replacement 377,000 481,000 858,000 Firo Truck Addilion 342.000 342.000 Fire Truck Rebuild 100,000 100ppp New Capital Heavy Equipment 164,000 130,000 135,000 129,000 123,000 118,000 112,000 106,000 101,000 1,726,000 Bus Repower 90,000 47,000 66,000 52,000 152,000 160,000 567,000 Replace Buses 2,020,000 1,521,000 1,480,000 1,167,000 6,188,000 Maintenance Street Fumiture Replacement 20,000 20,000 20,000 27,000 21,000 102,000 Bus Shelter Replacement Program 20,000 20,000 20,000 20,000 20,000 100,000 Parking Structura Capital Malntenance 780,000 195,000 520,000 220,000 231.000 242,000 254,000 267.000 280,000 2,389,000 Capital Streel Malntenance 185,600 370,000 225,000 152,000 1,133,000 976,000 721,000 738,000 892,000 5.392,000 Facility Capitai 106,000 121,000 113,000 104,000 117,000 132,000 113.000 126.040 115,000 1,047,000 Emergency Building Mairtenance 25.000 25,000 25,000 25,000 25,000 25,000 25,000 25,D00 25,000 225.000 Stroet Reconetructlon Lionsridge Area 2,532,000 Vail Valley Drive 2,258,000 2.53Z,000 2,258,000 East Vail - Bridge Rd 2,405,000 2,405,ppp East Vail - Meadow Lane 2,198,000 2.198,000 Glen Lyon 1,400,000 1,400,000 Village Roads 1,530,000 1,530,000 frontage Roads 500,000 500,000 Gravel Roads 500,000 500,000 Slreetacape ROJects West Meadow Drive 0 Landscape Gore Creek Dr (al the Lodge) 0 Bulldings 8 Improvemenls ' Town Shop Maintenance Improvements 2.100,000 2.300.000 West Vail Fire Station 1,23 000 1,235,000 Other Remodels 50,000 55,000 61,600 67,000 233,000 Other Improvanents ADA Compliance 25,000 25,000 25,000 25,000 25,000 ' 25,000 25,000 25,000 25,000 225,000 Slreet Liqht improvement Program 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 450,000 Drainage lmprovements 114,000 121,000 164,000 140,000 147,000 154,000 162,000 80,000 84,000 1,166,000 Fiber Optic Connection 15,000 15,000 15,000 15.000 60,000 interchange Improvements Wesl Vail Interchange 7,900,000 y 900 ~ Simba Run Underpass (TOVs Port(on 30! ) 1,000,000 1,0p0,000 Master Planning Masier Plan Updates 50,000 58,000 108,000 T07AL Of THE ABOVE PROJECTS 6,861,000 3,897,000 5,883,000 3.672,000 6291,000 4,986,000 3,660,000 3,172,000 2,074,000 40,436,000 Transfer for Debt Service 1,389,992 1,482,947 1,515.599 1,420,750 1,666,297 1,653,992 1,723,763 1,779,347 854,327 13,487,014 Transler lo Parking - Deficit 230,985 334,565 730,254 824,494 769,007 814,272 832,022 861,387 7.262.217 6.659.203 Total Expenditures 8,4Fi1,977 5,714,512 8,128,853 5,857,244 8.726,304 7,454,264 6.215,785 5.812,734 4.190,544 60.582,277 Rwenue Over (Under) Expendituros (1,901,959) 946.815 (1,233,825) 1,147,757 (2.492,580 ) (689,422) 682,616 1,221,717 2,977,494 1,058,613 Beginning Fund Balance 845,502 (1,056,457) (109,642) (1,343,467) (195,769) (2,28E3,290) (2,977,712) (2.295.096) (1,073,379) EndingFundBalanca _L,056,4571 (109,6421 {1,343467) (195709) (2,288290) f2977712) (2295096) (1073379) 1904115 Minimum Fund Balance 833,995 889,768 909,359 852,450 999,778 992,395 1,034,258 1,067,668 312,596 Diflerence (1,890,453) (999,410) (2,252,826 (1,048,159 ) ) (3,288,068) (3,970,107) (3,329,353) (2,740,987) 1,391,519 Add Cost or Savings wtlh Refunding 76,765 20,700 (56,085) (653,155) (505,314) (512.630) (466,910) (431290) (992,445) (3,520,364) V - ! ~~------J . -TOd ~ ~p 6 H F V6 eI6s.9 °°OL'V RADO GENEftAL OBL1GA710N & SALES TAY, BONDS - - - - - -J 4 Ca~ER~«tY' DWT 3 a r uO :2 • ',"+r' ~ ~ ~ II t I 1 - ~ - ~ i f •r . . . 6 2007 2Q08 2009 2010 2011 2012 2013 2014 2015 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 20 0 Year ` `~-p ~ gg2A G.O. Bonds 9S1 Sales,Tax Bonds t~ 1996 7axable & Tax Expt WITH REFUNDING 19928 B. 03111196 page 1 DEBT96.WK4 T0WN OF VABL, COLORADO GENERAL OBLIGAT'ION & SALES TAX BOiVDS 4 i 3 k:2 _ 'v p •h" fl ..'Ai2. :IY 1 ,n.' ~ +.l. O 2 ~r, 3 w 1 { Y. O 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 " Year E3 19926 Sales Tax Bonds M 1992A G.O. Bonds El 1991 Sales Tax Bonds $24,025,000 DEBT96.WK4 ' . Page 1 03/11/96 ~ dd d~1 TOWN OF VAIL 75 South Frontage Road Office of the Town Attorney Yail, Cvlorado 81657 970-479-2107/Faz 970-479-2157 fVIEMORANDUM PRBVBLEGED APVD CONFIDEFlTEAL T4: Vail Town Council FRONi: R. Thomas Moorhead, Town Attorney ~L • I DATE: March 8, 1996 RE: ' Eagle County Recreation Authority . Attached is a copy of the Intergovernmental Agreement ("IGA") entered into on October 15, 1991 by and between Town of Vail (60% interest), Tovvn of Avon (6% interest), Eagle County (11% interest), Berry Creek Metropolitan District (6.2% interest), Arrowhead Metropolitan District (5% interest), Eagle-Vail Metropolitan District (6.5% interest), and Beaver Creek Metropolitan District (5% interest). The purpose of the IGA is to purchase from Vail, manage and develop the Berry Creek Parcel which primary use shall be for open space and recreation. The Authority constitutes an independent governmental entity separate and district from each of ` the parties. The entity exists in perpetuity unless terminated by the mutual agreement of the parties or operation of law. As such it has the authority specifically granted in the IGA as follows: A. Enter into contracts; B. . Employ personnel; C. Acquire, construct, manage, maintain, or operate any buildings, improvements, or other facilities; D. Acquire leasehold mortgage; . E. To sue and be sued in its own name; - ~ F. - To incur debts, liabilities or other obligations; G. Accept, receive and disburse grants; H. Invest unexpended funds not required for the immediate operation of the Authority; and 1. Carry out and enforce all provisions of the IGA. The annual costs and expenses of the Authority are allocated in the same percentage as the . percentage of interest of the seven members. RECYCLEDPAPER 1 ' t 1 If a party to the IGA no longer wishes to participate in the Authority and fails to make its allocated contribution and such failure is not cured within 120 days of written notification, the withdrawing party shall not longer be a member of the Authority and shall lose all right, title and interest in the Authority, its property and assets. All contributions made by the withdrawing party shall remain the property of the Authority and shall not be refunded. Upon withdrawal of any party its interests may be assumed by any of the remaining parties, other than Vail, in proportion to the interests held by each respective remaining party in the Authority on the date of withdrawal. If less than all of the remaining parties wish to assume a withdrawing party's interest, the parties exercising the right to assume such interest shall be entitled to assume the interest of the remaining parties not choosing to exercise such right. Upon the assumption of a withdrawing party's interest, a remaining party shall assume and be responsible for the withdrawing party's portion of the purchase price of the Berry Creek Parcel, and, in addition, for the withdrawing party's portion of the annual 'maintenance and operation costs. Should the remaining parties assume less than 100% of the withdrawing party's interest, Vail shall then . forgive whatever portion of the withdrawing party's payment of the purchase price which is not so assumed, and shall be responsible for whatever portion remaining of the annual maintenance and operating costs, and capital costs owing subsequent to the date of nonpayment which is not so assumed. Vail shall then assume and be entitled to the portion of the withdrawing party's interest in the Authority's property and assets which is equivalent to the amount of the purchase price forgiven and annual maintenance and operating costs, and capital costs assumed. The IGA provides that upon the sale of the Berry Creek Parcel, all consideration received by the Authority for such sale shall be within a reasonable time distributed to the parties in the same proportion as each respective parties ownership interest on the date of the sale. A sale of the property requires the affirmative vote of a majority of all members representing two thirds of the interest in the Authority as set forth above. That would require in excess of 66% ownership - interest as well as the affirmative vote of four members. No party to the agreement can assign any of its rights nor delegate any of the duties created by the IGA without the written consent of the other parties. Inasmuch as the Authority is entered into pursuant to C.R.S. 29-1-201, et sec. It is my belief at this time that the assignment of an interest could only be to another government entity or political subdivision. There is no provision, other than sale of the property, as set forth above, that contemplates the withdrawal of Vail from the Authority. The Authority purchased the Berry Creek Parcel from the Town of Vail for $1,010,000.00 as that amount is set-forth in a contract to buy and sell real estate which is attached to the IGA. Attached to the contract to purchase land is an IGA between the County of Eagle and Town of • Avon and Town of Vail which precedes the IGA establishing the Eagle County Recreation Authority with its seven members. (Exhibit C to Vacant Land Contract to Buy and Sell Real Estate) That document is of historical significance as it preceded a County wide election "in the spring of 1990 in which this issue was placed before the registered voters of Eagle County of whether or not to increase the County General Fund Mill Levy in a sufficient amount for the County to purchase the Berry Creek Parcel or the Berry Creek and Miller Parcels, whichever is applicable, and to develop either the Berry Creek Parcel or the Berry Creek and Miller Parcels for the purposes of employee/affordable housing and recreation." (Section 6) ? , Further the County, the Town of Avon, and the Town of Vail agreed "to cooperate in presenting and explaining the need and rationale for the purchase of the Berry Creek or Miller Creek and Miller Parcels and for their future development as employee/affordable housing and recreation." (Section 7) In addition, the original IGA, contains a provision that "no owner shall pledge, sign, or otherwise transfer or convey its interest in the property without the expressed written consent of all other owners. fVo owner shall have the right to partition unless othenwise mutually agreed to by all -owners..." (Paragraph 11) ~ I believe that this document is only of historical significance because the IGA entered October 15, 1991 would, by its operation, supersede the provisions contained writhin the April 17, 1990 IGA. RTM/aw attachments ~ 1 f ; , ~ ; ~ ~ ~ . ~ i i ~ • , , ( i:~/',Y 4! r°- F /N H G ~ L y ~ 1' ~ C u F d f.% ~ _ /i; • • ~ %YdTERGOVE12PiN3ENTAL AG1tEEMENT THIS AGREEMENT is entered into on 1991, by and between the TOwN OF VAIL, Colorado, a Colorado municipal corporation ("Vail"), the TOWN OF AVON, A Colorado municipal corporation ("Avon"), the EAGLE-VAIL METROPOLITAN a DISTRICT, a Colorado quasi-municipal corporation ("Eagle-Vail"), , the BERRY CREEK METROPOLITAN DISTRICT, a Colorado quasi-municipal corporation ("Berry Creek"), the BEAVER CREEK METROPOLITAN DISTRICT, a Colorado quasi-municipal corporation ("Beaver Creek"), the ARROWHEAD METROPOLITAN DISTRICT, a Colorado quasi-municipal corporation ("Arrowhead), and EAGLE COUNTY, COLORADO, a Colorado body politic ("Eagle County); (collectively "the parties"). 1. PURPOSE A) This Agreement is entered into pursuant to C.R.S. ' 29-1-201, et sec. B) The parties, by entering into this Agreement, wish : to establish an independent governmental entity to purchase from Vail, manage, and develop a parcel of land located in Eagle County; and more particularly described in "Exhibit A" attached and incor.porated in this Agreement by reference ("Berry Creek Parcel"). C) The primary use of the land shall be for open space and recreation. D) The independent governmental entity which shall be formed as a result of this Agreement shall be known as the Eagle County Recreation Authority. 2. TERMS OF AGREEMENT This Agreement shall exist in perpetuity, unless terminated by the mutual agreement of the.parties or operation of law. 3. EAGLE COUNTY RECREATION AUTHORITY There is hereby created an independent governmental entity to be known as the "Eagle County Recreation Authority" ("the Authority"). The Authority shall be an independent governmental entity separate and distinct from each of the parties. 1 4. PURCHASE OF BERRY CREEK PARCEL As soon as is practical after the formation of the Authority by the execution of this Agreement by the parties, the Authority shall enter into a purchase and sale contract with Vail for the purchase of the Berry Creek Parcel. The purchase and sale contract shall be substantially in the form attached hereto as "Exhibit A". 5. OWNERSHIP INTERESTS The parties ownership in the Authority, its property and assets shall be as follows: A) VAIL - 600 • B) AVON - 6$ C) EAGLE COUNTY - 11% P) BERRY CREEK - 6.5$ • E) ARROWHEAD - 5% , F) EAGLE-VAIL - 6.5$ G) BEAVER CREEK - 5% As consideration for its interest in the Authority, Vail shall discount the purchase,price for the Berry Creek Parcel by 60$ of its agreed upon value. In addition, Vail shall pay 600 of total annual maintenance and operation costs, and capital costs of the Authority not, directly attributable to the AutYiority's purchase of the Berry Creek Parcel from Vail. As consideration for their respective ownerships in the Authority, i.ts property and assets, the other parties shall pay the following portion of the purchase price of the Berry Creek Parcel: A) AVON - 150 B) EAGLE COUNTY - 27.5$ C) BERRY CREEK - 16.25$ D) ARROWHEAD - 12.5$ E) EAGLE-VAIL - 16.250 F) •BEAVER CREEK - 12.5% In addition, the parties shall pay the following portion of the annual maintenance and operation costs, and capital costs of the Authority: 2 A) AVON - 6$ B) EAGLE COUNTY - 11$ C) BERRY CREEK - 6.5$ D) ARROWHEAD - 5% E) EAGLE-VAIL - 6.5% F) BEAVER CREEK - 5$ 6. GOVERNING BOARD The Authority shall be administered by.a governing board of seven (7) members. Each party shall appoint one (1) member and one alternate. The alternate shall have the right and power to represent each party in the absence of the designated member. Each appointee and alternate and their terms of appointment shall be at the sole discretion of the appointing party. All vacancies on the board shall be filled by the appointing party. . 7. MEETINGS OF THE BOARD A) The board shall provide for regular quarterly meetings at a time and place fixed by r2solution of the board. B) The board ma.y conduct special meetings from time to time, as the board determines may be necessary. 8. VOTING ~ , A majority of the members of the board shall constitute a qllorum for the purpose of transacting business. All action of the 'noard shall require the affirmative votes of a majority of the board members present representing at least two-thirds (2/3) of the interest in the Authority as provided in paragraph 5 hereof. Notwithstanding the foregoing, the following actions of the board shall require the affirmative vote of a majority of all board members representing two-thirds (2/3) of the interest in the Authority as provided in paragraph 5 hereof. A) any action affecting the way in which the Berry Creek Parcel is to be used; or B) any action which results in the sale of the Berry Creek Parcel. C) approval of the budget . D) amendment of this agreement 3 9. BYLAws The board may adopt such.bylaws, rules,.and regulations as necessary for the conduct of its meetings and affairs. 10. OFFICERS The board shall elect a chairman and vice chairman from it•s members, and shall appoint a secretary who may, but need not be a member of the board. The chairman shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the board. The vice chairman shall perform all of the chairman's duties in the absence of the chairman. The secretary shall take minutes of all board meetings, and perform such other duties as may be imposed by the board. 11. EMPLOYEES The board shall have the power to appoint and employ whatever employees it deems necessary for the purpose of providing for the maintenance and operation of the property and all facilities which are or may be constructed thereon. In addition, the board may appoint and employ such other persons for the purpose . of providing professional, technical, or consulting services as may be necessary for the purposes of this Agreement. 12. POWERS - The Authority shall exercise the powers which are common to the individual parties and all incidental implied, expressed, or necessary powers for the accomplishment of the purposes of this agreement. The Authority shall not have the power to levy taxes. The Authority may exercise the following specific powers: A) To make and enter into contracts, including those with the parties, for goods or services. _ B) To employ all necessary personnel. C) To acquire, construct, manage, maintain, or operate any buildings, improvements, or other facilities. D) To acquire, lease, hold, mortgage, or dispose of real or personal property. E) To sue and be siied in its own name. F) To incur debts, liabilities, or obligations, 4 provided that no debt, liability, or obligation shall constitute a debt, liability, or obligation of any of the individual parties. G) To apply for, accept, receive, and disburse grants, loans, and other aid from any governmental entity or political subdivision. H) To invest any unexpended funds that are not required for the immediate operation of the Authority, as the Authority deems is advisable in accordance with the laws of the State of Colorado. I) To carry out and enforce all provisions of this Agreement.. 13. ORGANIZATION OF THE AUTHORITY As soon as practical after the date of this Agreement, the parties shall appoint the members of the board as set forth in . this Agreement. As soon as practical after such appointment, the board members shall schedule and conduct an organizational meeting at which time the board shall provide for a set date, time, and place for its regular meetings, and shall elect the officers as set forth in this Agreement. 14. AUTHORITY FUND The board shall establish an Authority fund to account fcr all financial transactions of the Authority in accordance with generally accepted accounting principles. 15. ANNUAL BUDGET The board shall adopt an annual budget for maintenance and operations costs and capital costs no later than August 1 each year. 16. ALLOCATION OF COSTS After adoption of the annual budget, the Authority shall furnish each of the parties an estimate of the total annual maintenance and operations costs, and capital costs of the Authority. The costs shall be allocated and funding contributed in accordance with the percentages set forth in paragraph 5 of this Ayreement. The total annual allocation shall be based on actual 5 costs of the operation of the Authority for each fiscal year. During the first year, the total allocation to the parties for maintenance and operation costs, and capital costs shall not exceed twenty five thousand dollars ($25,000.00). No single party shall have a cost allocated in excess of two hundred fifty dollars ($250.00) for each one percent (1%).of the respective parties ownership interest. 17. PAYMENT OF COSTS Beginning on the tenth (lOth) day of first (lst) month of the first fiscal year, and continuing on the tenth (lOth) day of each month in advance for each fiscal year thereafter, each of the parties agrees to pay the Authority its allocated share of the total estimated annual costs and expenses. The Authority shall submit to each of the parties a final detailed statement of the actual costs and expenses for each fiscal year allocated in the same manner as estimated expenses were allocated within three (3) months after the close of each fiscal year. Should such statement indicate that actual costs and expenses for the fiscal year exceeded estimated costs and expenses, each of the parties shall pay its allocated share of such increase to the Authority within thirty (30) days of receipt of the final detailed statement. If the final detailed statement of actual costs and expenses for the fiscal year is less than the estimated annual costs and expenses, the Authority shall refund the allocated amount of the excess monies received by it within one hundred twenty (120) days after the close of the fiscal year. 18. SOURCES OF FUNDS Each party shall provide the funds required to be paid by or to the Authority of this Agreement from any source of funds legally available to each respective party. 19. WITHDRAWAL FROM AUTHORITY Should any party no longer wish to participate in the Authority, and therefore fail to make its allocated contribution to the Authority, and such failure is not cured within one hundred twenty (120) days of written notification thereof, the withdrawing 6 party shall no longer be a member of the Authority and shall lose all right, title, and interest in the Authority, its property and assets. All contributions made by the withdrawing party shall remain the property of the Authority and shall not be refunded to the withdrawing party. Upon the withdrawal of any party, its interest in the Authority, and the Authority's property and assets ma be assumed by any of the remaining parties, other than Vail, in proportion to the interests held by each respective remaining party ` J in the Authority on the date of'withdrawal. If less than all the remaining parties wish to assume a withdrawing party's interest, the parties exercising the right to assume such interest shall be entitled to assume the interest of the remaining parties not choosing to exercise such right. Upon the assumption of a withdrawing party's interest, a remaining party shall assume and be responsible for the withdrawing party's portion of the purchase . price of the Berry Creek Parcel, and, in addition, for the withdrawing party's portion of the annual maintenance and operation costs, and capital costs of the Authority owing subsequent to the date of non-payment. Should the remaining parties assume less.than one hundred percent (100%) of the withdrawing party's interest, Vail shall then forgive whatever portion of the withdrawing party's payment of the purchase price which is not-so assumed, and shall be responsible for whatever portion remaining of the annual maintenance and operating costs, and capital costs owing subsequent to the date of non-payment which is not so assumed. Thereupon Vail shall assume and be entitled to the proportion of the withdrawing party's interest in the Authority's property and assets which is equivalent to the amount of the purchase price forgiven and annual maintenance.and operating costs, and capital costs assumed. 20.. DISPOSITION OF ASSETS Upon the sale of the Berry Creek Parcel and all improvements thereon, and any other property or assets of the Authority, all consideration received by the Authority for such sale shall be within a reasonable time distributed to the parties in the same proportion as each respective parties ownership 7 interest on the date of such sale. 21. MISCELLANEOUS PROVISIONS A) Any notice required hereunder shall be in writing and shall be sufficient if deposited in the United States, Vail, postage prepaid to: THE BERRY CREEK PARCEL AUTHORITY TOWN COUNCIL TOWN OF VAIL 75 S. FRONTAGE RD. VAIL, CO 81657 TOWN COUNCIL TOWN OF AVON POB 975. AVON, CO 81620 BOARD OF DIRECTORS EAGLE-VAIL METROPOLITAN DISTRICT POB 35 AvON, CO 81620 . - BOARD OF DIRECTORS , ':3ERRY CREEK METROPOLITAN DISTRICT L'OB 1640 VAIL, CO 81658 BOARD OF DIRECTORS BEAVER CREEK METROPOLITAN DISTRICT POB 976 . AVON, CO 81620 BOARD OF DIRECTORS - - ARROWHEAD METROPOLITAN DISTRICT ~POB 69 (c/o Arrowhead @ Vail) EDWARDS, CO 81632 BOARD OF COUNTY CONINIISSIONERS EAGLE COUNTY POB 850 EAGLE, CO 81631 B) This Agreement may be amended only by a written document signed by the parties. C) In the event any provision of this Agreement is determined to be illegal or invalid for.any reason, all of the provisions of this Agreement shall remain in full force and effect unless and until otherwise determined. D) The legality of any provision of this Agreement shall in i-io way effect the legality and enforceability of any other prcvision of the Agreement. 8 22. SUCCESSORS This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. 23. ASSIGNMENT No party shall assign any of the rights nor delegate any of the duties created by this Agreement without the written consent of the other parties. TOWN OF VAIL, a Colorado municipal corporation B Y: Rondall V. Phillips, own Manager TOWN OF AVON, a Colorado , municipal corporation B y EAGLE-VAIL METROPOLITAN DISTRICT, a Colorado quasi-municipal corporatio B ~ - . BERRY CREEK METROPOLITAN DISTRICT, a Colorado quasi-municipal. corporation ~ . ~ \ By : BEAVER CREEK METROPOLITAN DISTRICT, a Colorado quasi-municipal corporation By: 9 ARROWHEAD METROPOLITAN DISTRICT, a Colorado quasi-municipal corporation . ~ ~ By : 7 EAGLE COUNTY, COLORADO, a Colorado body politic By: 'v'k~ T C:\INTERGGV.AGR ~ 10 THE BERRY CREEK PARCEL AUTHORITY TOWN COUNCIL TOWN OF VAIL , 75 S. FRONTAGE RD. VAIL, CO 81657 . TOWN COUNCIL TOWN OF AVON POB 975 AVON, CO 81620 BOARD OF DIRECTORS EAGLE-VAIL METROPOLITAN DISTRICT POB 35 AVON, CO 81620 BOARD OF DIRECTORS BERRY CREEK METROPOLITAN DISTRICT POB 1640 VAIL, CO 81658 BOARD OF AIRECTORS BEAVER CREEK METROPOLITAN DISTRICT POB 976 AVON, CO 81620 BOARD OF DIRECTORS ARROWHEAD METROPOLITAN DISTRICT ' POB 69 (c/o Arrowhead @ Vail) EDWARDS, CO 81632 BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY POB 850 EAGLE, CO 81631 11 •J EXHIBIT A ' ' Thc printed por~ion~ o ~hi~ to~m pro~ed y~ ` , Colondo Re~l u,c ~ommiuion~(L'OS) S/b89 J I e TII15 IS A LCGAL INSTRUMCNT. IP NOT UNDCRSTOOD, LP_GAL, TAX OR OTIIER COUNSLL SI IOULD OR CONSULTED BEFORE SIGNING. 9ACANT LAND CONTRACT Tm BUY AND SELL REAL ESTATE Seller's remedy Liguidated Damages or Specific Performance (section 16) ,19 . 1. rARIIrs AND rROrcRTY. Eagl e.County Recr.eati on Au ority rurchascr(c) l1'urchaser), (a% joint tenanls/Icnants in common) agrees to buy, an(i the undersigned seller(s) iScllcr), agrccs lu scll, on the Icrms and u)ndilions aet for11? in Ihis conlracl, the fullowing dcscribcd rcal eslatc in the Cuunly uf Eag 1 e , coiorado, to wit: Berry Creek Ranch, Filing No. 5 as more specifically set forth on Exhibit A attached and incorporated into this contract by reference. known ns No. (Street Address) , (City, Statc, Zip) Iogcihcr with all interest of Sciler in vacatecl strccts and alleya adjacent thereto, all easements and olher appurtenanus Ihcrclo, all improvemcnls thcrcon and all attachcd fixtures thcreon, exccpt as herein excluded, and called the Propcrly. 2. INCLUSIONS. The rurchasc rrice includes the following items (a) if altached !o the Property on the date of lhis coMract: . ?ightinb, hcaiing, rlumhing, vcnlilaiinF, anct air conililiuning fixlures, 7'V anlcnnas, walcr soflcncrs, smukc/firc/burglar tI:ums, cccurily tIcviccs, insiilc <<icpr,onc wiring and connccling blucks/jacks, planls, mirrurs, (luot crncrings, intcrcom syslcmc, huill•in kitchcn applianccs, and srrinklcr syslcros and umlrols; (b) if on Ihc Propcrly whelher auachcd ur not on Ihc dalc of this contract: buili-in vacuum sytlcros (includingacccssorics),slorm windows, slorm doors, winduw ancl porch shaclcs, < a%%ninp, Wincls, srrecna, curtain tuds, dralicrp rods, (irclilacc insctlc, fircrlacc scrccns, fircplacc gratcs, hcaling sluvcs, slorigc shcd~, nll kcyx ancl garagc duur (ircncrs incluiling 14A rcmolc uonlrols, Tnil (c) two (2) mobile homes presently located on the property (cI) Watcr Rights. Purchase pricc to includc the followingwatcr tighls: 5.27 cfs in the Howard Ditch priority no. 385 with an appropriation date of October 3, 1936, out of the Eagle River in Eagle County Colorado which shall be conveyed by Quit Claim Deed • (e) Growing Crops. W'ilh respect lo the growing crops Scller and Purchaser agree as (ollows: . "1'he above-describcd includecl ilems (Inclusions) are to bc convcycd lo Purchaser by Scller by bill of sale, deed or olher arrlicable Iega) instrument(s) at lhe closing, f?ee and clear of all laxes, liens and encumbrances; exctpl as rroai(lctl in scclion Il). 7 hc following allachcd fixlures arc exdudc() from Ihis salc: 3. PURCI IASL PRICG AND T[RMS. 7'he purchasc pricc shall be E 1 O1 OOOO. 00 , payable in U.S. dollars by Purchascr as follows (complctc Ihe applicablc Icrms bclow): (a) r•ARNesT ntoNr.v. $ 10.00 and other good and valuable consideration _ , ns cerncst moncy dcposit end part payment of the purchase price, payablc to and hclel by Seller • broker, in broker's Irust accounl on bchalf of both Seller and Purchascr. Broker is aulhorized lo deliver the earnest moncy dcposil to the closing agcni, i( any, t or bcforc los ng. ti onal provi 5i ons rel ati ng to payment (h) cASIi A-r ci.osiNC. ~ fr~Rrap u~rchase for. pr~addice e s See Se c t i on 20,1 lo bc paid by I urcliastr et clusing in cash, clcctronic transfcr funds, ctrtificd check, savingS ancl luan teller's check, or cashicr's check. Subject to the provisions of seclion 4, if the exisling loan balance al the lime of closing ahall be di(ferent from the loan balance in seclion 3, the adjustmenl shall be made in cash at closing or paid as folluws: (c) N(:W LOAN. S NA by Purchascr obtaining a ncw loan. 'fhis (oan will be sccurcd by a(]st, 2nd, etc.) NA deed of Irust. 7 iic ncw loan lo Purchascr shall bc amortizcct ovcr a pcriod of NA ycars at approximatcly S NA Pcr NA indu<iing principal and intcresl nol lo excccd NA °!o pcr annum, plus, if rcquirccl Iiy , I'urchascr's Icnclcr, a dcposit of o( Ihc eslimated annual real estatc laxes, property insurance prcmium, and morigagc insurancc prcmium. If the loan is an actjustablc intetest rote or graduatccl paymenl luan, the paymcnts anct intcresl ralc iniiially shall not excccd the figurcs scl (orlh ahove. Nn. CD57 5/R9 VnCANT I.nNI)/PARM ANI> RANCII COM RACT TO DUl' & SflLL R'[nL GSI'n7G Pagc 1 of 6 McAlhnci Pubhching.502 Main 5t., Csrbondalq l'U 81623 (3U1)963 1021 L.oan discount points, if ana shall be paid to Icnder at closing and shall not ettceed NA % of the total loan ~ amouM. Thc first (1, 2, etc.) ~H loan discount points shall be paict by NA , and the balancc, if any, shall be paid hy . Purchascr shall timely pay a loan origination fee not to exceed NA %of the loan amount and Purchascr's loan costs. Cost of any appraisal Qor loan purposes to be obtained aftcr this date shall bc paid by NA upon loan applicaiion az requircd by lender. (d) ASSUP9PTION. $ (VA by Purchaser's assuming and agreeing to pay an existing loan in lhis approzimaie amount, presently payable at q NQ per NA including principal, interest presently at NA_ °!o pcr annum, and including escrow for the following as indicalcd: ? ecal estate taacs, ? propcrly insurancc prcmium, ? mortgage insurance premium, anci PIA . Purchaser agrees to pay a loan transfer fce not to eucecd $ NA . AI Ihc timc of assumplion, the new interest rate ahall not ettucct Ng_% pcr annum anil tlic ncw raymenl shall niil ettccecl $ NA plus escrow, if eny. Scllcr ? shall ? shall not be released (rom liabiliiy on said loan. I[ applicablc, compliance wilh the rcquiremenis for relcase from liability shall be evidenced by dclivery at closing of appropriate letter from lender. Cost payablc for releasc o( liability shall bc paid by NA in an amount nol lo ettceed ~ NA (c) SC•LLER OR P6tlVATC TIIIRD-PART1' FINANCING. $ by Purchaser ettecuting a promissory notc payable to: on the nole form az inclicated: (checlc one bott) ? itight-to-Cure NTD 52-11-53 ? Plo 3tight-to-Cure PfTD 61-11-83 D sccured by a(1s1,2nd,etc.) NA deed of trust encumbering the Properly, using the form as indicaled: (chcck one box) . ? Strict Duc•on•Salc (TD 72-11-63) ? Crcditworthy (TD 73-11-63) ? Assumablc - Not ciuc on Salc (TD 7411-53) ? Thc promissory nute shall bc amortizcd on the basis of NA ycars, payable at $ NA pcr inclucling principal and interest at the rate of % per annum. Payments shall commenee NA and shall he due on the NA day of each suceeeding NA . 1f noi sooner paid, she balance of principal and acerued interesishall he cluc ancl payable PlA aficr closing. Payments ? shall ? shall not bc increascd by NA of estimatcd annual rcal cstaic taxes, anct ? shall ? shall not be increased by o( cslimalcd annual rropcrly insurancc rrcmium. Thc loan shall also coMain the folluwing Icrms as indicated: If any payment is not received within NA ealeodar days after its due date, a late charge of NA 17o o( such NA paymenl shall bc due. Inicrosl on Iender - dishurscmcnc3 undcr the dccd of lrusl shall bc NA °,'o per annum. Ucfault interest rale shall be NA °,'o pcr annum. Purchaser may prcpay withoul a pcnaliy eucept NA 4. PINA?JC1NC; CC)Nlll'I IONS ANU 0131JGA1InNS. (a) I.oan Arrlicalicin(s). If Purchaser is to ray all or part of the purchasc rrice as set forth in seclion 3 by obtaining a new Inan or if an existing loan is not Io bc released at clusing, Purchaser, if required by such Iender, shall make wrilten applicaiion wiihin riA calendar days from acccptance of this comract. Purchascr shall cooperate with Scller and lender to ohtain loan aprroval, diligcntly and timcly pursuc samc in gooci (aith, excculc all documcnts and furnish all informaiion and documents requireei by the Icnder, and, subject to seciion 3, timely pay the costs of obtaining such loan or lencler consent: (b) l.oan Approval. If Purchascr is lo pay all or part of the purchase price by obtainin a new loan as specified in section 3, this c~~ntracl is concliiional uPon lender's arproval of the new loan on or be(ore N~ . lq NA 1( not so arproved by said dale, this conirau shall terminaie. If lhe loan is so approved, but such proceeds are not 8Vd1IJL1IC (U I'urchascr as tequircd in scuion 5(Good Funds) at the time of closing, closing shall be exlended one time tor calendar (tays (not Io exceed (5) five). 1f sufficieni funds are not theq available, this conlract shall terminate. ( .c) Existing•Loan Rc%,icw. If an cnisting loan is nol to be rcleascd at closin , Seller shall pro~~idc copies of Ihc loan clocuments (including noie, deed o( Irust, modifications) to Purchaser within N ~ ealendar days from acceptancc of this cnnt ract. This contract is conditional upon Purchascr's review and approval of the provisions o( such loan documenls. Purchaser consenls lo the provitiions of such loan documenls if no written objeclion is received by Seller or Lisling Company from Purchaser wilhin NA calendar days from Purehaser's receipl of such documents. If Ihe Icoder's approval of a transfer of the Propcroy is rcquired, this coniract is condiiional upon Purchascr's obtaining such approval without changc in Ihc tcrms of such loan, excepl as sel forth in seclion 3. If lender's arproval is not obtained on or before NA , 19 , Ihis contract shall be lerminatecl on such date. If Seller is to be released from liability under such existing Ioan and I'urchascr does not oblain such compliance as set forih in section 3, Ihis conlract may be Ierminated at Seller's opiion. (ct) Assumption Balance. 1f Purchascr is to pay all or part of the purchase price by assuming an existing loan and i( the aclual Principal balanct of the existing loan at ihe date of closing is Iess than the amount in seclion 3 by more ihan $ NA , thcn Furchascr may tcrminate lhis contract cffective upon receipt by Sellcr or Listing Company of Purchaser's written noiice of termination. No. Cf3S3 SIBa VACANT LAhnf fARA9 ANn RnNCl1 CONTRACT TO DUV & S[LL RC V.. GSTATE Pagc 2 0( 6 hfoAlluicr Pubhshing, 502 Atain Si., Carbondalc, CO 81623 (303)963•1027 (e) Credit lnformation. 1( Purchascr is lo pay all or part of the purchase pricc by ezecuting a promissory note in favor o( ' Seller or if an eaisling loan is not Io be relcasecl at closing, this coniract is conditional upon Seller'a approval of Purchaser's financial abilily and creetilworlhiness, which approval shall be at Seller'c sole and absolute discreiion. In auch case: (1) Purchaxer sliall surply lo Scllcr on or beforc NA , 19 , at Purchaser's ezpense, information anil documenls concerning I'urchascr's financial, employment anel creclil conciilion; (2) Purchaser consents that Scllcr may verify Purchascr's financial ability and creclitworlhiness; (3) any such informalion and documents receiveJ by Sellcr sltall bc hcld by • Scllcr in conficlenee, ancl not rclcased to others ezccpl lo prolecl Seller's inierest in this transaction; (4) if Scllcr does not providc writlcn notice of Scllcr's disapproval lo I'utchascr on or before NA ,19 , thcn Scllcr waives this condition. If Seller does provicle wrillen nolice of disapproval to Purchazer on or before said dale, lhis contract shall lcrminale. 5. GOOD fUNDS. All paymcnts requirccl at closing shall be maJe in funds which comply with all applicablc Colorado laws. 6. NO'I'ASSIGNABl.i3. 7'his contracl ahall not be assignable by Purchaser without Scllcr'a prior written consent. Gxccpt as so reslriclccl, Ihis conlract shall inurc to thc bcncfit of ancl bc bincling upon Ilic hcirs, pcrsonal rcprescnla(ives, succexsors and ns~ig"<<,r ilic rarti«. Purchaser' S 7. I?VII)L:NCL: OI~'1'1'1'1.11. Scllcr shall furnish to I'urchasct, at gd9itkii(expense, eilhcr a eurrcnt eommilmenl for owncr's liilc insurance policy in an amount equal to the putchase price or at Seller'c choice~t~t~lf09iUlS641i1EX&EKR'd0A6 114rXa4?YSXt1S, on orbefore October 12 1 19 91 , 1( a litle insurance commitment is turnished, Purchaser may require uf Scller Ihal copies of inslrumenls (or abstracts of instrumenls) listett in the schedule of excepliuns (Gxecplions) in the litle insurance commilment also be furnisliccl lu I'urchascr al Seller's expense. 1'his requiremenl ahall pertain only to instruments shou•n of rccord in the office of lhc clcrk and recordcr of the dcsignalcd county or couotics. The lille insurance commitmeni, logelher with any copics or abslracls of inslruments furnished pursuant to Ihis seclion 7, constitute the tiUe documents (TiUe Uocumcnts). Purchascr must requesl Scllcr to (urnish coliies or abstracls of instrumenls listed in the schcdule of cxceptions no lalcr than 5 calcndar days a(Icr Purchascr's rcccipt of the ti11e insurance wmmitmcnl. I( Scller furnishes a titlc insurance commilmenl, Scller will have the li(le insurance policy dclivered to Purchaser as soon as praclicable aflcr closing and ray Ihe prcmium al closing. 8.7'171G (a) 7'iUc Revicw. Purchascr shall have the right lo inspcct the Tille Documentt ot absltact. Wriltcn notice by Purchascr of unmcrchantability of liilc or of any olFier unsatisfaclory tiUc candition shown by the TiUe Documcnls or abstracl shall hc signcd by or on hchalf of Purchaccr and givcn lo Scllcr or l.isling Company on or bcfcirc 7 calciidar <lays aficr I'urchiscr's reccipt uf 7'iilc I)ucumcnls or ahslract, or wiihin fivc (5) citlcndar clays aftcr rcccipt Uy Purchascr o( any'I illc ' Uocumcni(s) or cndurscmcM(s) adtling ncw [.:xccplion(s) to (hc 60c couimiimcnt lugcthcr with a copy o( (he'!'itlc T)ucumcw aclcling ncw l?zccplion(s) lu titlc. If Scllcr or I.isling Comrany ducs nol tcccivc Purchaser's nolicc by Ihc dalc(s) spccificd ahovc, I'urchasct shall hc dccmcd lo havc acccrtcd the conditiun of ti(lc as discloscd by the Tiilc Uocumcnls u.satis(aclury. ' (h) hlaucrs Nul Shown hy the 1'uhlic Iiccurds. Scllcr shaU dclivcr lo Purchascr, on or bcfurc the datc sct furth in sccti(+n 7, Iruc coliics o( aII Icasc(s) and suncy(s) in Scllcr's rnsscssion rcrlaining lu lhc I'ropcrly end shall disclosc Io 1'urchaur ull cascincnis, licna ur ulhr.r tillc nmUcrx nm1 shown by Ihc Public rcaxJs of which Scllcr has aclual knuwlcdgc. 1'urchiscr shall ha%c Ihc righl I(i insrccl thc Prnpcrty to dclcrminc if any Ihitcl pariy(s) has any righl in Ihe Properly nol shown hy thc puhlic rccunls (such as an unrccordcd cascmcnl, unrccur(lctl Icasc, or boundary linc discrcpancy). Wrillcn nolice of any unsalisLaclury concliiicm(s) clisclosc(l by Scllcr or rcVcalcd by such inspcciiun sliall bc signcd by or on bchaU uf Purchascr an(i givcn 1u Scllci )6K b69ikigY.Qici4d(IX.WY on or bcforc 4ctober IB , 19 _ 91 . I( $cllcr or Lisling Company docs nol rccci%c Purchaser's noticc by said ilalc, Purchascr shall bc dccmcd lo have acccptecl tiUc suhjccl lo such righls, if any, of third partics uf which I'urchascr has acWal knowlcdgc. . (c) Right to Curc. I( Sellcr or I.isling Comrany rcccivcs notice of unmerchantabilily of tille. or any other unsalis(aclury _ litle cnndilion(s) as provided in subsectiun (a) or (b) abore, Sellcr shall use reasonahle efforl to correct said unsalitlaclory tillc concliiions(s) pricir lo ihc daic u( closing. If Scllcr fails lo corrccl said unsalisfactory IiUc con<lilion(s) on or bcfuic Ihc dalc uf closing, Ihis conlract shall thcn Icrminatc, sulljccl tu scctiun 17; providcd, howcvcr, Purchascr may, by wrillcn nulirc rcccivcd by Scller or Lisling Comrany on or before closins, waive objection lo said unsalixfaclory IiUe eondilion(s). 9. UA'11? nF CIASW(i. 'I he elale of closing sh,ill be October 25 1 19 91 or by mulual agreemenl al an earlicr datc. 7 hc hour ancl place of closingshall bc as dcsignatcd by _ PUI"CI1d5e1^ and Sel 1 er 11).'I RANS( 1'_R U1~ 7 I I LIi. Suhject lu Icndcr or payment on clusing as required hcrein and compliance by Purcb:uer %ilh Ihc olher Icrms and provisiuns hcieof, Scllcr shall execute and dcliver a good and sufficicnl Wa rra n ty Deed dccd lo Purchascr, on clusing, convcying Ihc Prolicrly frcc and clcat of all laxcs ezccpl lhc gcncral taxcs for Thc ycar uf clusinb, ancl cx«pt see Section 20 paragraph 2 for aclditional exceptions • free and clear of all licns for si,ecial improvements installecl az of the date of Purchaser'a signature hereon, whclher assessal or not; cxcert distribution utilily easements, inclucling cable TV; ezcepl those matlers re(lecled by the Tille Uocumenls accepled hy 1'urchaser in accor<lancc with subscclion 8(a); eacepi Ihose riglits, if any, o[ Ihird parlics in the Ptoperly nW shuwn by the public rccords in accordance wilh subscction S(b); and subjcci lo building and zoning regulations. 11. PAl'hlIiKT Of CNCUtitliftANCf?S. Any encumbrance requircd to be paid shall be paid al or before lhc lime o( scUlemenl from the proceeds of Ihis Iransaclion or from any olher source. 12. CLOSING COSI S, DOCUh1GKTS AND SGRVICCS. Purchascr and Seller ahall pay theit tespective closing costs at closing except as otherwise provicie<1 herein. Purchascr and Scller shall sign and camplete all cuslomary or requirecf documents at or before closing. rccs fur rcal eslale closing and scUlemeM scrvices shall not eaceed S 200 . nn and ahall bc paiil al clusing iiy . 13. 1'ROIL4'TIUNS. Gcneral taacs for the ycar of closing, based on the mosl rccenl Icvy and the most reant asscssment, rcnts, waler and sewer charges, owner's association dues, end inieresl on conlinuing loan(s), if any, and shall bc proralcd lo dale of closing. Any salcs, usc and transfer lax thal may accrue becausc of this lransaction shall be paid by NA No COS3 5189 VACANIT L-ANp/fARAf AND RnNCI l CONTRACT TO DUY R SELL RL1L ESTATB Pegc 3 0l6 McnlhcterPublishing,502MeinSi.,Cerbondelc,CO 81623 (3UJ)963•10I7 14. TOSSLSSION. 1'osscssion of the Propcrly shall be dclivcrcd lo Purchazer as follows: On the date of the transfer of the deed uubject to the following Icase(a) or 9ensncy(s): , An oral month to month tenancy with Hillis Acres for a stable and horse riding business , Sclicr, aftcr c{osing, Pails to c9eliver possession on the date herein apecified, Seller shalt be 6ubject to eviction and shali be additionally liable lo Purchaser toc paymenl o! $ NA per day from Ihe date of agreed possession uniil possession is delivcrec9. 15. CONU17'ION OC ANU 1)Ah4AGC7'O PRO!'GR7N. 7'he Property and Inclusions shall be wnveycd in their prescni con(liliun, ordinTry wcar ancl Icar cttccpicil. ln Ihc cvcnl lhc 1'ropcrly Rhall bc dampgctl hy firo or olher cncualty priui it~ limc of clusinF, in iui nmi1unl uf nul m(ire Ihnn 1c.n pcrccnl uf ihc wial purchnsc prlre, 5cller ahwll be obligaIcd lo repair Ilic samc lie(ure Iltc elale u( ch)cing In the crenl such tlamage is nul repaired within sai(l time or if lhe damages exceecl such sum, Ihis cuntracl may be icrminated al the option o( 1'urchaser. Sfiould Purchaser elect lo carry out Ihis conlracl desPile such damage, I'urchascr shall be entiUcd lo credit fur all the insurance proceeds tesulting from such damage lo the Properly and • lnclusions, not cxcecciing, howcver, the total purchase price. Should any Inclusion(s) or service(s) (a+l or bc damagetl bet\vecn the dale uf Ihis conlracl and the dale of closing or the daie of possession, whichever shall be earlier, then Sellcf sltall be lialile for iho rerair or reriacemen! o( such (nclusion(s) or service(s) with a unil of similar size, age anet qualily, or an equivalenl creelit, Icss any insUrancc proceecls reccived by 1'urchaset covering such tepair or replacement. 7'he risk of loss fur any damage lo growing crops, by fire or other casualty, shall be boine by the party enlilied to the growing crops, if any, as pruvided in sectiun 2 and such parly shall he entitlcd lo such insurance procecds ot beneftls (or Ifie growing crops, i( any. I6.7InIL Of ISSI:NC[/RfnIGDI(S. Time is o( the essence hereoL I[ any note or check received as earnest moncy hercunclcr or any olher paymenl clue hereuneler is nol paicl, honored or tendered when due,or if eny olher obligalion hcrcurtder is not pcr(ormcd or wait-ed as hercin provieled, thcre shall be the Pollowing remeetics: (a) lF PURCIIASCR IS IN DL-PAULT:, ' 1F7'tIG IIOX IN SUIISC('T(GN (1) IS CIItiCKrU, SCLLGR'S RE-MCDIGS SIIALL Bf: AS SL•.T r-ORTII - M SU11SECl'ION (1) ISf'1'sCIrIC f'I?RFORn1ANC(?1. IF SAIU 130X IS NOT CIICCKI:U, SELLCR'S Rt:hfL•t)iLiS SIIALL 131: nS SI?'I' FUR'I'll IN SUHSI:CTIUN (2) 1I.IQUIUA7'Ll) I)APIAGGS]. ) Srccific I'erformance, Scllcr may clect to trcat lhis contract az caneelled, in which case al) paymenls anJ lhings o( valuc reccivcd hereunder shall bc forfciled and retained on behalt of Scllcr, and 5eller may recover auch damages as mny bc rrnpcr, or Sellcr may clccl io Ircal this conlract as bcing in full force and effcct and Scllcr shall havc the right to srcci(ic pcrlormancc ot damagcs, or bnth. (2) I.iquidaled !)arttages. All payments and Ihing of value receiveei hereundcr shall he forftiled by Purchascr ancl relaincd un bchalf of Scllcr and bolh parlics shaU ihcrea(tcr bc rclcatcd (rom all oUtigaliuns hcrcunder. i1 is agrccil Ihal such raymenls and Ihing-, of valuc arc I.IUUII)A'fliU UANtAG[?S and (cxccpt as provi(lcd in subsccliun (c)) arc - SI:I.CI'.li'S SOLI? AN13 UNLl' RI'.NII'.O1' fur 1'urchasct's failurc lo pcrform thc obligaliuns of lhis conlracl. ScUcr expressly K•aivcs lhc rcmcdics of srccific pcrfurmance and addilional Jamagcs. (b) 1FSCLLL•R !S tN DCFAUL7': Purchaser may elect to treat tttis aonlracl u canec!led, in wfiich tase'all paymenis and Ihings of value reteivicet hereunder shall be relurnect and Purchascr may tecover such tlamages as may be proper, ot Purchaser may elect to lrtat Ihis cnntract as bcing in full force and ef(ccl anJ 1'urchasct shall have Ihc righl lo specific pceWnnance or tlamagcs, or both. (c) COSTS AND LXP[NSGS. Anything to ihe contrary F?ercin notwilhstanding, in the event of any litigaiion or arbi(ratian arising out o[ this contracl, the court aha{f award to the prcvailing parly all reasonable coals and cspenxe, including nitorncy fccs. 17. GARNGSf MONCX DISt'iJTE. Alotwithstanding any Ierminalion of this contracl, Purchaser and Sellcr agree 1hat, in Ihe event ot aay cootrovcrsy regarding the earnest money and things oI value held by broker or closing agenl, unless mulual writien insiructions are received by the holcles of the earncst moncy and Ihings of valuc, broker or closing agent shall nut be requiretl lo take any aclion but may awai! any proceediag, or al brolcer's or closing agent's option and sole discrelion, may inlcrplcad all parlics ami dcposit any moneys or Ihings o( value inlo a courl of compelent }utisdiction and shall tcwvcr courl cosls and tcasonaGlc allorncy (ees. 18. {NSPLCTION. Purchaser or any designee shall have the right to havo inspeclion(s) of the physical condilion of the 1'roperiy anet lnclusions, at Pucchaser's enpense. If written noticr o( any unsatisfadory condilion, signed by Purchascr, is not received by Sellcr WX&SiKDIft)SBiStiY{#d16~ on ot bcfocc October 18 , 1991 , the physica) condilion of the Propcrly and Indusiuns shall be deemed lo be salisfaclory lo Purchaser. 1[ wtiuen nolice ot any unsatisfaclory oondilion, signed hy Turchaser, is givcn to Scller dlrA*N4XX"gidNas set forth above in this section, and if Purchascr and Sellcr fiave no? rcachcd a writtcn agreemcnl in selilemenl theteof on or before October 18 ,19 91 , lhis copttact ahall thca lccminate, suhject lo seeiion 17. Purchaser is responsible and shall pay for any damage which occurs to the Properly and Inclusions as a result of such inspecliun. No. CI15] 5169 VACANI' LANI)f PARM ANf) RANC11 CONTWICT 10 BUY dc SE1,L RiPAL ['SiAT@ PnRc 4 olli McAllizict PuDlithing, 502 Mnin ai., Corbondalc, CU 91623 (303)963• 1027 ~ , ~ - 19, AGGNCY UISCLOSURC. • 'The lisling broker, NA , and its talcs agents (Lisiing Company) represent Sellcr. The Lislins Company owes dulics uf Irusl, IuyTlty nnd confidcnce w Selicr only. While Ihe Listing Company has e duly to 1rcn1 1'wr6accr huncally, Ihc I.isling ('ompany is Ihc Sellcr's egcnl and ix ading on hchal( tif Scllcr and atil Purcbascr. Ill' S1liNIN(i If1:LO1V, 1'UIiC:11AC1:K AC:KNUVV1.li1)(ili5 PR{UR 7IMI:l.Y NUTIC:I: Hl' LISI ING Uli SCLLIN(; CUN11'ANY 'I I IA'1' US'17NG CUMPANY IS SLLLGR'S AGCIJf. ` 7'he sclling brobcer, NA • , and its tales agen4c (5elling Company) eepresenl: JIr TIIE BOX I.N SUI1S1?CI IUN (h) IS CI IIiCKIiI), SIsI.I.INCi COK1hANY RGPFtI'sSLrtl'S PUl2CUASIiFt ONI.Y, AS SC:'1' Ft)It T11 IN SL11151iC11ON (h). II' 'I Illi liOX IN SUHSIiCIIUN (h) IS NU'f C:UI:CKI'sU, SL:LLINC; CUNII'nNl' kl:l'ItI:SI's?Jl;ti Sl:l.l.l:lt ()NI.Y, AS SI:'I' FUfi'I11 IN SUIlSI?C;IIUN (a).) (a) ~SXP~d4 X~'K~go`!~>C..~?j?S~e`L.~d4 ~S ~S~'s~ 14Y34j~ lE~j~i~~Yill lSdEr~f ~l~rYd ~ ~Kc'F ~6i~iPyX ~OJ4?41Y ~lklPi+i~ SrK~Sd4r'~ x xw'N a,wy "Cku xx?ruu" Kaca4xv, X" s~a~s~~crr~~ xx~aax~~x~~ ~~cx~?~~cx,~ ~~a+~x ~xa~ mx u a~?s~~ x~ sa~~~ia x Ke4l~~KPf~t~x ~4Xii4t~vV~~ ~t1t~ p t~~it V4"t4Vt~H K,x~.~9 Wi( L7DMDWCDa X )9N WaC K SQi K D(LRV(X 15DMw1R41( agrTM4K'!S aA?U4?Qg K D cbya~c~a~a~xx~~~x~~?~~.nx~aa~~~sx~~c~~~~un~~~~;v~s~c~m~s~~~K~as~~ bhyt.x xmPixaX umfig "yAq 4" YLx,"~ 44 X?~EXJ~ fk1t6 X~2SrYc~4 M~ ~Ni6~lfc'1fK~g~ ~XdS ~5~4,'~~V3~ vw" liWAx.'f(x ~'g~EK~i.2S ~4,14xr1k~1 ~2SCFo'f XlSK P5PSP5K X~?iX H 1{Pl PV~X ~1N( P4~iV4~XX~KlVU`~Q~QS~p9~9Mt9~ ~1 X{a1L~~I'~4~1I~P~~I.X M'x PS ~KKti~tX K~~4Jf DSKC4 x ~9~{ lt4~ K KD~ P~9?l3~KQSi'1 Xk t~ !~?5~4KQS ~ K~'. 20. ADU1'TIONAL TROVISIONS: 1. Additional provisions relating to purchase price are as follows: The remainder of the purchase price shall be paid by the Purchaser in - forty (90) semi-annual installments which shall be equivalent to forty percent. (90"i~,) of the principle and interest payments to be made by Seller on the "Town of Vail Sales Tax Revenue Bonds Series of 1991" ("the bonds") which shall be issued by the Seller to finance its purchase of the rea] estate described in parag-raph 1 hereof. The date and amount of said payment shall be approximately a's set forth in Exhiliit B attached and incorporate herein by reference. The Purchaser and Seller unclei•st,and, however, that until the closing of the bonds the true interesL rate payable by Seller shall not 1>e finally determined. The Purchaser agrees to make the payments required by this seclion in an amount reflecting the true interest rale which shall in - - no event increase the Purc}iaser's payments as set forth in Exhibit B in amount more than len percent. (10%). The Purchaser and Seller further understand that there shall be a debt, service reserve fund created from the bonds proceeds and that the interest from such fund shall be credited to the Authority's payments as set forth in the footnotes of Exhibit B. The provisions of this paragraph and all other provisions of this contract which can not be performed prior to closing shall survive the closing and transfer of the deed and shall be enforceable at law or in equity. 2. Additional exceptions to free and clear ntle are as follows: a) The right of the Town of Avon and the County of Eagle to purchase an interest in the property as more apecifically set forth in a contract dated March 19, 1990 attached as Exhibit C and incorporated herein by reference. b) Exceptions as listed in Exhibit D attached and incorporated herein by reference. c) An agreement t,o grant an easement on the property to the June Creek Ranch Company attached as Exhibit E and incorporated herein by reference. 21. RECOA1h1ENDATION OF LEGAL COUNSBL. By eigning thia documenl, Purchaser and Scllet scknawledge that Ihe Selling Comrany or lhe Lisling Compeny hes tecommended Ihal Purcheset and Seller oblain the •dviae of Iheir own Icgal counscl rcgar<ling caaminalion of Ii11c and Ihis conlrac(. 22.'l GItMItJA'I ION. In thc evcnl Ihis conlracl is letminatcd, ell payments and things otvalue rcceived heteundcr shall bc relurne(l and lhe parlics shall-be rclieved of all obligations heteundet, subject lo seclion 17. ~.1o. CIIS3 5189 ~'nCAP7f LANI) PARM ANp RnNCI t COtTTfinCf TO DUY A SPLL RL AL E'SfA'fL Pegc S o16 Mcnll,uti Publ~shin~, St~2 Mnin Grhondelc, CU B162J (]O!)967 1027 EN !AlITNESS lNHEREOF, 4he parties have signed this agreement on TOVlIN OF VAIL EAGLE COUNTI( RECREATION AUTHORITI(, Selter F'urchaser By: By: bCen4 R. Rose Mayor Presiden4 Pagoeae • . EXHIBI7 A . . . ~ • , . . i~';~. • 4r . ~ PARCEL A t• , • A parcei of land Ixated in the N 1!2 ot Secticn 1 and tbe . . . . ~•%''~NE 1!4 of Section 5, ?ownehip 5 South, Ranga 82 Nest ot the -Sixth Principal lferidisn, County ot Bagle, State ot Colorado. More particularly deocribed ae tollowe: c;~;:i:.•~% Baginning at a point on the ¦outherly right-of-ray for ~ii ';.s:=~~ • Interetate Highway 70 from which the northaest corner of •afd • Section 4 beara, N. 30 degrees 37'20"N. 2103.11 feetj thence S. SA degrees 13'30"E. along the I-70 right-of-way line 318.59 feet; thence departing from the I-70 right-of-aay S. 41 degrees 58'13"W. 141.00 feet; thence S. 18 degrees O1'17'H. 150.00 feet; thence N. al degreea 59'43'E. 150.00 feet to a point on " • the I-70 right-of-wsys thence continuing along the I-70 right-ot-way 128.81 teet along the arc ot a non-tangent curve to the right fiaving a radiue ot 2126.80 feet whooe chord beara S. ' 44 degrees 56'{2°E. 128.39 feet; continuing alonq said right-of-aay line, S. 40 degrees 41'30'E. 289.10 feet, continuing along said right-of-aay line, S. 39 degrees 28'00'E. 296.10 feet; continuing along aaid right-ol-way S. 43 degrees • 53'30"E. 366.70 feet; continuing along the arc of a tangent 1. ' curve ko the left 540.50 feet having a radiu• ot 1787.00 feet, ahoee chord bearo S. 50 degrees 15'22"E. 538.45 feet to a point .y;;;• on the east line of the SW 1/4 Section It thence departing from the Interetate 70 right-ot-aay aad continuing aiong the eaat line of the SW 1/4 Sectior 4 S. 01 degrees 23'01"w. 1372.38 feet to a point on the noctherly right-of-way of the Denver and Rio t.~ Crande weetern Railroad; continuing along •aid tight-of-way J;`,•. 72.81 feet along the arc of a non-tangent curve to the left ` y{'• having a radiua of 1810.00 feet whose chord beare N. 67 degrees 23'40"W. 72.80 feet; thence contiouing along ¦aid right-of-way ~ N. 66 degrees 14'31"w. 1553.35 feet; continuing along oaid , right-of-way H. 89 degrees 44'20"W. 121.64 feet; continuing along eaid right-of-way 1671.11 feet along the arc of a rton-tangent curve to the right,having a radius of 1860.00 feet ~ whose chord beare N. 39 degrees 11'59'N. 1615.47 feet; ; continuing along said right-of-way N. 12 degrees 27'10"W. 171.74 ; feet; continuing along eaid right-of-way N. 01 degrees r_. 25'33"E. 130.16 feet; continuing along the said right-of-aay N. 15 degrees 23'59"N. 299.69 feet to a point on the easterly side • t';, of the State flighvay No. 6 accesa road right-of-way; thence _ t~. continuing along the acceee road right-of-way N. 77 degrees ' -39'01"E. 16'.50 feet; continuing along said right-of-way N. 73 degrees 27'30'E. 220.57 feet; continuing a]ong said right-of-way 141.69 feet along the arc of a tan9ent curve ta the Continued on ne:t page ~ • ; • . - ~ ~ iV• , ~ . R~-•• I . ;jc.•.. . ' ' .N _ . 1 . . • . ~ta . . . , ~ , . • ~ 1' . ' . . ~ r' I ~ - - • e.i. ~ • i.'F~t , . . , . 1't , S:~aL~fl~SB' ' . d''''~.' . - t it.:. Do~o 3 e_ a . ~ s ' • legtbav3igc~l1°redille3i j77.30 geet a~P~oee rbord bears Ato39 degreea ee ti ~ ance epas an9 fsom the accesa • road right-oC-aay S. 35 degree@ 16°13°E. 400000 feeta thence H. ~ 33 degseeo 17°a8°Ea 490.81 feet; thence H. 70 degrees 21'00°w. 283.47 feeCy ghence N. 86 degreea 45'00°W. 118.20 feet to a , point oo the 8tate Highway No. 6accees road sight-of-aaay; ~ thence H. 35 degrees 27'30°Eo 27.00 SeeC to €a point on the %nterntate 74 gight-og-aay; thence along tAe %nteretate 70 uight-oi-amy 8e 66 degrees 45°00°E. 141e60 feet; thence continuing elong said right-of-asy S. 70 degrees al°00°Eo 330oa0 So¢t, to the point ot beginninge PA[tCEL B ~ A percel, of ]and Aoagted in the northweat quarter oP tha oouthmaet quaster of 8ection 4, Township 5 3outh, Eiange 83 6dent of the Sauth Principal Pfesidian, Eayle County, Coloxadc, saose particularly described am ffolloaai • eeginning ot a point on tt?e aest line of Section 4 Yxom abich the ooutheaeat corner of the NW 1/4 of Sk 1/4 of Section d bearo S. 01 degrees 25'33°W. 254.00 $eett thence along the aeet line of Section d N. 01 degceea 25'33°E. 802.17 feet to m point on the ooutherly xight-of-aey of the Denver Rio Grande end bdeotern Railromds thence depasting From the e+est line of ° Section d mnd continuing elong the railsoad right-of-aay along a curve to the 1¢ft an arc length of 1379.34 feet,'having a sadiue oY 1960.00 feet, g central sngle of 40 degrees 17'33° and a chord bearing S. 38 degrees 17'02"E. 1350.12 feet to &,point on the eouth line of the NW 1/4 of SW 1/4 yection di thence departing fsom the railroad right-of-eaay and continuing along the aouth line of the NW 1/4 of SW 1!4 N. 89 degreea 44'20°W. 322.76 Eeet to the aenterline of the Eagle River; thence . departSng fsom the oouth line of 4he N6d 1/9 of SW 1/4 and continuing along the centerlic?e og the Eagle itiver the folloaing four (4) couroees 1! N. 10 degrees 44'20°W. 123.00 feet) ' 31 W. 62 degrees 28'45°bd. 181.07 feets 3) N. 87 degrees 55'51"W. 209.11 feet; 4) H. 72 degrees 38'27°W. 148.00 Peet1 to the point of beginning. ~ . - ~ . i ~ ' • ' . . i ~ . . ; ~ • . ! J.: .ti; . ~ . • b'. , . , _ . ~ • • 'g v.y~ A ' . ry. C I , EXHIBIT B ; ' • ' ~ , . . Fpw Ca++qQdad? ' . ; ' . ' , • . . : . . P" Cr-k RbrV Na~ . • 9.r4eleB1 . • . • • . ' ~ • As dNornntvr1. 1B91 . . . • ' , • . , yeA • . . • ' . . Told Oeht 6onb 40ri thn i SemL . SMF . • • i . Mmnl ' . *vKmd ' ~ L1ati PiVCptl Iteaa~f Tdel PflMpd ' Inat~ . iuel . ~ OQ~4tR2 fB~,S~.B2 ie6.6979Y ' t98236.17 R1Sp96.17 ~ 129152 LSSC~ ° 6'.!'.~SD 136.93230 jtZ000 37175.00 64J7S00 . . I , 06NtA3 BD.S91175 B1S98.7S 82Zl950 571~9bD 171M BJ 1dAoo W.59i76 165S98J6 30,000 32,Z18b0 • @,21CS0 , 06D7A1 70.667.50 78.8673p 11A61.00 J1A67.00 ~ 1291AM 761W • 7B.W.50 163.86750 34000 M.467A0 61A67.00 ' • 0601A5 7d,dt.50 76,64250 apASl.OD . 2pSd7A0 • . , 1201r95 ' EOADO ' 78.64250 166b4250 3Ok37A0 ' Q2AS1A0 ~ oba+y9 74,402sa 74.402.so . ' 29161J)c • 257e1.00. ' ' . . ramAe dsAOO 74,40ZW 159.4oz5o 34,000 29,7e1 m 63s+.00 ' • ' 06'DtA7 71 ,9%75 71,45875 • M783Sy 23.7~ , . 11101A7 • OOwO 71A68.76 161y5676 ~8.000 797gt5E NJ615D . ' • D&0198 eq.7Q7E Q9.30176 21T215D 27T=1IA • . . '12tmA8 , D~A00 69=.75 164=75 J~p00 27J21b0 ' . E57215D 06M s9 W,430D0 6&43oDO 265%2AC 19b7200 12/01A9 100AVO DO,UODO. tE0,430D0 I(,GCO 211,31200 . EQ57200' ~ oeA1r10oa ' 63.956.00 q,35500 25-U200 $LU200 12Atf10D0 10.5,000 63,8(SDO 169?6600 12000 2S,Y2.00 67d4200 . ~ 08101ROD1 W.O73JS 03.07S75 24.020M KMAX 12101M 01 . 116,000 60.07376 175.07176 Q6Q00 24D2950 ' 7DD20.60 • • • . . , i DOA12002 al422JM 66,42260 22b69,00 72$SE0.00 . t?Atl~Q2 120A00 gl,42z5o 11e,422SO 48,000 125E9,00 7090BD0 06v1/100~, , • 9S5L50 62.55250 21D21.00 21Dt1.00 ~ . 12mrtoo7 100,000 62,55~50 1e2.6s260 62.000 21A21 DO 73A21.00 oso+r?oo+ ' 4a295m 4e2esno 1e01e.oo 1ea1e.00 ' . 1zn+r~m+ »o,ooo As.ffim 1e8.a-95.0o saooo ' tsMeoo . 71501s.oo ~ aW rtoos u.e,o.oa u,e+o.oo »,Mpp • 17,4MOO ' . 1?A1/1D05 145,000 43,6OD0 1e8.64O.o0 5D,000 17A50.00 74A6D.OD ' 0801/100A 3Q1~b 98.74fl?5 15A99SD • 16,1AB.60 • . . ix,~rmoe : •,ooo 3e.74en 193a+ezs ezooo 16,40eao n,weso 0641R00'7 33.SHI.00 . 93.JWA0 113400 13044DO . 12A1lAD7 184000 79,SM.C0 198,160D0 88,000 193+1D0 . 78-344D0 . OBA1!l008 ' 9A~25 17.92875 11A3~S0 •71AW.60. . • ,zmrmoe ,eo,ooo v=zs zor,ezs.as rzvoo • „awm . masoso ' • • awrmo~ 2+s7125 71a71 2s es4aM e,54eso . • 12orrm~e , ~eo,ooo rxnas 211a71rs teaoo esdeao elMeso ' . 0801R010 ' 11,71E76 14,768.76 4BQ750 , S.9P750 I ' • ' . 11RtrmlO 204000 747W.73 219,18976 2?A00 S.D079D ' • 873C15G ' 08U1IA11 7.ME00 7.&500 ~DSE~O J.DSBDO 1?AtI1Dt1 210M ~ 7.B4&00 227916.00 l9A00 ~ASBrQ 91A5&W , SZ~07C tZtw247.t2 39.614.210.42 i1,01GA00 i0.~A941T ll,E~pB41T , . • FEEtrbtK ~ ~ • , n) ko ron~tle~ b be~n,~Mn,o Me~eel.erriq, emubq enth.a*Meent. r.een.,ordQ.ere tan eend p~oow,r. . Ailpopoed uet 9reeet *ernhQSon tiW ioeeMemC Mo Da ceelma to ar AuUqitrs pqeNrfl Inemwg, ooed - upm eaid wdrgs d Ra DnNan ymr pa 1092 ana+w fied oemFps wIO badodned 6an 19Q9 JNhatp' Mmaftdw1 . . (a nramldlbfodCA li+doblewlaMorYMlaestodtiomDOnOprocsedfvllbetlkntlENeAbedirotheTamotVelentl d» ae,. i.ndro aidiany momea. u tro ord of a» nmdnp wm (anumlrp e Aaf na mri umMm n,e eadt or No ;un . . ' . ameni pecsrs ol oMner" b M NUwnry. , . ~~Y':,. . . • . . ~ . ~ ,yly • ~ EXHIBIT C - INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND TOWN OF AVON AND . TOWN OF VAIL . TNIS INTERGOVERNMENTAL AGREEMENT is made and entered into this ~ day of , 19qe), by and among the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County;" and the Town of Vail, State of Colorado, a municipal corporatlon, by and through its Town Councll; and the Town of Avon, State of Colorado, a municipal corporation, by and through its Town Councilo . RECITALS A. The Town of Vail.intends to use its best efforts to purchase the parcel of . land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more 5pecifically described in Exhibit A attached hereto and by this reference made a part hereof ("Berry Creek parcel"). B. In addition, the Town may use its best efforts to purchase the parcel of land commonly referred to as the Miller Ranch located near Edwards, Colorado, and more speclflcally described in Exhiblt B attached hereto and by this regerence made _ a-part hereof..("Miller parcel"). - C. Should the Town of Vail obtain title to the Berry Creek parcelo the Town wishes to sell and the County wishes to purchase the Berry Creek parcel under the terms and conditions set forth in this Agreement. D. Should the Town obtain title to the Berry Creek parcel and the M111er parcel, the Town a+ishes to sell and the County wishes to purchase both the Berry Creek and the Wi111er parcels under the terms and conditlons set forth 9n 4.h9s Agreement,. E. This Intergovernmental Agreement 1s authorized pursuant to Sectlon 29-1-201, et seq., C.R.S. Pdow, thErefore, for and An consideratlon of the mutual covenants, conditlonsp and promises contained herein, the parties hereto agree as follows: 1. The Town of Vail agrees to use its best efforts to purchase the Berry Creek parcel upon terms and conditions acceptable to the Town of Vail. . . , : . . ~ \ . . • . 2. The Town of Vail may use its best efforts to acquire the Miller parcel upon terms and condltions acceptable to the Town of Vail. In the event the Town of Avon or the County or both have purchased an interest in the Berry Creek parcel pursuant to paragraph 9 before acquisltion of the Miller parcel by the Town of Vail, then the , following provisions shall apply to any subsequent purchase of the Miller parcel. A. If negotlations are commenced between any of the parties to this ' Agreement and the owner of the Miller parcel for the purchase of the Miller parcel, that party shall notify the other partles within five (5) days of such commencement. Either or both of the other parties shall have the rlght to participate in the negotlatlons if they so desire. B. The negotiating parties shall attempt in good faith to agree on terms and conditions of purchase which are acceptable to all the parties. If after a reasonable period of time agreement can be reached between the owner of the Miller parcel and the negotiating parties or any two of the negotiating partles, they shall enter into a contract to purchase the M111er parcel whlch shall provlde that each purchasing party shall be entitled to an equal share of ownership in the Miller parcel as a tenant in common, and each party shall be obligated to pay an equal portion of the purchase price at the closing of the sale. C. If after a reasonable period of time and a good faith attempt, all or any two parties participating in negotiations for the purchase of the Miller parcel are unable to agree upon the terms and conditions of purchase, then any party which wishes to accept Seller's final offer shall be entitled to do so and proceed with the purchase of the Miller parcel. 3. The County shall hire bond counsel and a financial consultant to provide consultation to the parties relating to the financing of the Berry Creek and/or Miller parcels and shall hire a planner to give advice to the parties regarding the planning and development of either the Berry Creek parcel or the Berry Creek and Miller parcels for recreation and employee housing. 4.. The Town of Vail shall hire the services of special real estate counsel to provide consultation to the parties regarding the acquisition of the Berry Creek -parcel or the Berry Creek and Miller parcels. 5. The parties agree to equally share the costs of the consultants described in paragraphs 3 and 4 up to the following maximum amounts: Bond counsel and financial consultant -$15,000 Land use planner - $7,500 Real estate_.counsel - $15,000 -2- ' 6, The County sha11 hold an eleetion 1n the spring of 1990 ("the election") to place the issue before the registered voters og Eagle County og whether or not to increase the County general fund mill levy 1n a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicablep and to develop either the Berry Creek parcel or the Berry Creek and Miller parcels for the purposes of employee/affordable housing and recreatione 7. The County, the Town of Avon, and the Town of Vail agree to cooperate in presenting and explalning the need and rationale gor the purchase of the Berry Creek or Berry Creek and Miller parcels and gor their guture development as employee/aggordable hous9ng and recreation. 9. If at the election9 the reglstered voters of Eagle County approve an increase in the County general fund mill levy in a sufficient amount for the County to purchase the property and develop the property for employee/affordable housing and recreational purposes, the County shall purchase the property from the Town of • Vail for a purchase price equal to the prlce paid by the Town of Vail for the Berry • Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g., loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller . parcels to the time of purchase by.the County. If the Town of Vail purchases the Berry Creek parcel or the Berry Creek and Miller parcels with cash on hand rather than borrowed funds, the County shall purchase the property form the Town of Va11 for a pwrchase price equal to the price paid by the Town of Vail for the Berry Creek parcel or Berry Creek and Miller parcels and interest thereon at the rate of eight and one-half percent interest (8.5%) per annum until the time og purchase by the County. 9. If at the election, the registered voters of Eagle County do not approve an increase in the County general fund m111 levy in a sufflcient amount fior the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop the property for employee/afifordable housing and recreational purposes, then the County shall have no obligation to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, from the Town of Va11. Ilowever, the County and the Town of Avon may purchase an tnterest in the Berry Creek parcel or the Berry Creek and Miller parcels9 whichever is applicable, as follows: A. If either the County or the Town of Avon wish to purchase the property without contribution grom or participation by the other, then the purchasing -3- . . • , . . . government shall be obligated to purchase a fifty'percent (50X) interest in the property as a tenant-in-common. B. 1f both the County and the Town of Avon wish to purchase interests in the property, they shall be obligated to purchase a one-thlyd (1/3) interest each as a tenant-in-common. C. The purchase price to the Town of Avon or the County shall be the appropriate percentage of all costs and expenses the Town of Vail has expended in the purchase, development, and maintenance of the property up to the date and time of purchase, including by way of illustration and not limitation, purchase price, development costs, all fees pald to deslgn and planning consultants and special legal counsels subsequent to the election, costs of planning, designing, and constructing any lmprovements on the property, and all finance carrying costs (e.g., loan fees, debt service, etc.). D. If the Town of Avon or the County wlsh to purchase a share in the Berry Creek parcel or the Berry Creek and Miller parcels, as the case may be, as = provided for in this paragraph, they shall do so within five (5) years of the date of the certificatlon of the election results by giving written notice to the Town of Vail of their lntention to so purchase. Closing of the purchase of the Berry Creek parcel or .the Berry Creek and Miller parcels by the Town.of Avon or the County,.as the case may be, shall occur no later than sixty (60) days after the giving of such notice. It is understood by the partles that should the Town of Vail own both the ~ Berry Creek-par.cel and the Miller parcel, the Town of Avon or the County shall be required to purchase the specified interest in both parcels. Should the Town of Avon or the County fail to purchase any interest in the property within five (5) years of the date of the certiflcation of the election results, the right to do so shall immediately terminate. 10. During any perlod of time the Town of Vail is the sole owner of-the property, it may make all decisions regarding the property,- including by illustration and not limitation, financing, maintenance, and development, which it in its sole discretion deems proper. In addition, the Town of Vail shall have the right to sell the property if it determines, in its sole discretlon, such sale 1s appropriate, during any period of time it is the sole owner of the property including the period of time prior to the election or after the election, notwithstanding the rlght to purchase shares of the Berry Creek parcel or Berry Creek and Miller parcels given the County and the Town of Avon in paragraph 9 of this Agreement. In the event the Town of Vail.sells the property prior to the -4- • . • \ . . • election, costs o#' consultants paid by the County and the Town ofi Avon pursuant to paragraph 5 shall be refunded to them. 11. In the event the 6erry Creek parcel is owned by more than one (1) government9 each owner will appoint two (2) representatives to form a committee to manage and develop the property. No owner shall pledge, sign, or otherwise transfer or convey its interest in the property without the expressed.wrltten consent of all the other owners. P!o owner shall have the rlght of partition unless otherwise mutually agreed to by all owners. No owner shall have the right to slgn any . petition .for an annexation or an annexation election or petition for inclusion in any special district w14.hout the mutual consent of all the owners. The committee shall establish bylaws for the.management and development of the property and shall have the right, if they deem it in the best interest of the owners, to recommend to the owners and the ovaners may take all steps necessary to establish a separate entity for the ownership, management, and development of the property. In the event the members of the committee fail to agree as to any question afifecting the Berry Creek parcel, ttie question immediately be submitted for aJoint determination by the governing bodies of al'l owners. 12. ln the event the voters fail to approve an increase 1n the m111 levy to . purchase the Berry Creek parcel, the parties agree to share equally the following costs wh:ch are i-n addition to the costs set forth in paragraph 5 of this Agreement: A. . A bond counsel fee as compensation for providing services directly related t.o.the mill levy election in an amount not to exceed six 4,housand five hundred ciollars ($6,500). - P. A financial advisor fee as compensation for providing advice dlrectly related to the mill levy electlon in an amount not to exceed two thousand dollars ($2,000). C. The costs of holding a mill levy election in an amount not to exceed fifteen thousand dollars ($15,000). Ifi the registered doters of Eagle County approve an increase in the m111 levy for the purcF?ase and development of the Berry Creek parcel, then all consultation fees expended by all the parties which have been set forth 1n this Agreement, 9ncluding bond counsel and financial consultants, planner, and real estate counsel fees are set forth in paragraph 5 hereof, and bond counsel and financial advisor gees as set forth in paragraph 12o as well as the cost of the holding of the election shall be paid from the proceeds of the mill levy increase. -5_ • I I . ~ ' . • 13. This Agreement does not and shall not be deemed to confer upon nor grant to any third party any rights to claim damages or to bring any lawsuit, ac.tion or other proceedings against either the Town of Vail, the Town of Avon, o.r the County because of any hreach hereof or because of any terms, covenants, agreements, or conditfions contained herein. ' . 14. Except as specifically provided otherwise hereln, no modlficatlon.or waiver of this Agreement or of any covenant, condition, or provision herein contalned shall . be valid unless in writing and duly executed by the party to be charged therewlth. 15. This wrltten'Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, condltions, or obligations made or entered into elther by the County, the Town of Avon, or the Town_of Vail, , other than those contained herein. 16. This Agreement shall be binding upon the respective parties hereto, their successors or asslgns, and may not be assigned by any party wlthout the prlor written consent of the other respective parties hereto. 17. All agreements and covenants hereln are severable, and 1n the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be lnterpreted as if such lnvalid agreement or covenanE were not contalned herein. . 18. The Town of Avon, the Town of Vail, and the County each lndividually represent to each other that 1t possesses the legel ab111ty to enter into thls Agreement. ]n the event that a court of competent jurisdiction determines that elther of the parties hereto did not possess the legal ab111ty to.enter lnto this Agreement, thls Agreement shall be considered null and vold as of the date of such court determination. 19. The County in no way waives its authority to regulate tlie use and subdi- vision of the Gerry Creek Parcel or the t•liller Parcel. IN 4lITNESS WFiEREOF, the parties hereto have executed this Agreement this ~ day of 1990. y4 ~Ujvt COJNTY OF EIIGLE, STATE OF COLOP.ADO, By and Through Its BOARD OF COUNTY ATTEST• • COMIMISSIONERS • • e, t 0 ~ ~ By: 6y: \ w• . Johnnette P 1,s, Co nty Clerk Donald N. Welch, Chainnan . •P.O. Box 850 ' Eagl e, CO 81631 . (303) 949-5257 -6- . . TAWN OF VAILo STATE OF COLORADO, By ATTEST: and Through Its Town Council By u,c.J By' Pamela A. Brandmeyer, T wn Clerk Kent R. Rose, Mayor 75 S. Frontage Road West Vail, CO 81657 (303) 479°2100 TOWN OF AVON, STATE OF COLORADO, By ' ATTES ° and ThroNgh Its Toiron Council . . , ~ 6y• S atricia J. D e, Town Cl k Allan Not ng am, P1 or P. 0. Box 975 ' Avon, CO 81620 . (303) 999°4280 -7- • ~i.~wS..~' . ' ' • . .:•'~yw.~. y . . . - - .r`. EXHIBIT D : POLICY RO.: 0-9941-489150 THIS POLICY DOES NOT INSIIRE AGAINST LOSS OR DAASAGE (AND THE. " COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. RZGHTS OR CLAZMS OF PARTIES IN POSSESSION NOT SHOWN BY • . THE PQBLIC RECORDS. - . 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PQBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOIINDARY LZNES, SHORTAGE IN " A.REA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SIIRVEY AND INSPECTION OF THE PREMISES WOIILD DISCLOSE _ AND WHICH ARE NOT SHOWN BY THE PQBLIC RECORDS. 4. AN: LIEN, OR RIGHT TO A LIEN, FOR SERCICES, LABOR OR Me,TERIr'1L HERETOFORE OR HERzAFTER FIIR*1ISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PQBLIC RECORDS. 5. IINPATENTED MINING Ci,AIMS; RESERVaTZONS OR EXCEPTIONS • IN PATENTS OR AN ACT AIITHORIZZVG THE ISSIIANCE THEREOF; . WATER RIGHTS CLAIMS OR TITLE TO WaTER. 6. Taxes for t'.:e year 1990, not yet a lien due and payable. 7. The effect of inclusions.in anv general or specific water - ---conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvemeat area. 8. Right of Proprietor of a vein or lode to extract and remove • his ore theref rom should the same be found to penetrate or intersect the premises as reserved in IInited States Patent . t, recordec September 7, 1903 in Book 48 at Page 496. - - - - . . . - - 9. Subject to the right of way of the Grand Vallev Railway Companv as reserve3 in Dnited States Patent recorded September • 7, 1903 in Book 48 at Page 496. 10. Right of way easement granted to Holv Cross Electric Association, Inc.., bv Daniel F. Koprivnikar and Katherine and . 'Koprivtiikar, recorded October 6, 1971 in Book 221 at Page 881, _as Reception No. 117568. 11. Right of wav easement granted to Holv Cross Electric Association, Inc., by Daniel F. Roprivnikar and S. Katherine Koprivnikar and Berry Creek Properties, Ltd., recorded June 15, 1978 in Book 271 at Page 137, as Reception No. 167533. _ „ 12. Right of_way easement granted to Holy Cross Electric _ - Association, Inc., bv June Creek Ranch Com:any, a Colorado Joint Venture, recordeci Juiy 18, 1980 in Book 30D at Page 581, as - _ Reception No. 201965. - , . . Continued on nest page . _ . STEWART TITLE,- OQAtA:fST C01[!A '~~'i ~t .,T_ . .,.f^ . y •~c~••r,„_.;' . 9~~. ~ ' w . . • .~~r: 1.. ~~~u:C~ ;~.%R::~ i~.c ; o-sr-ryr-:: - _ , • a.vs:c,..r..t ~`e":: . ATTACHED TO AND MADE A PART OF STEWART TITIdE GIIARANTY COPRPF,P~X POLICY ~dOo : 0°9941~4~9190 • CONTIRTIIATZORT OF SCHEDIILE B 13 o Easement granted to Begry CPee}C MetgODOllt].dYi District, a quasi-municipal corporation, by June Creek Ranch Company, a • Coloracio Joint Venture, gecogded December 31, 1980 in Book 357.: at Page 620, as Recep'cion Noo 21d994o 14 o Easement. gx°anted to Eagle Val.Iev Sandtation District, a qraasi-municipal Corporatcion by June Creek Ranch Company, a Colorado Joint venture, recorded November 12, 1980 ia Book 312 at Page 727, as Reception Noo 2091040 . 15 o Easement granted to Berry C6 eek Pfieicrocolitan District, a qaasi-manicipal corporation, by June Creek Ranch Company, a Colorado Joirat Veature, recorded Dece:nber 310 1980 in Book 315 " at Page 627, as Reception Noo 212001o 16o Easement granted to Eagle Telecommunications, Inco, Colorado, by June Creek Ranch Company, reco:ded April 19, 1983 in Book 357 at Page 971, as Reception Noo ?543030 17 o Easement grar.ted to Eagle Telecotnmianication, Inc o, Colorado, bv June Creek Ranch Company, recorded April 18, 1984 - in Book 382 at Page 909, as Reception Noa 279216. . 18e Easement granted to Singletree Investments Partnership, a Colorado general partnership bv June Creek Ranch Companv, a ' C:,'_orado joint venture and Berry Creek Met:opolitan District, a _.__quasi-municigal corporation, recorded May 8, 1987in _Book .462. at - Page 279. as Reception No 0 358506 e - - - - ' 19e Riaht of wav Easement f rom Katherine S. Roprivnikar to Eagle Valley Telepnone Companv recorded June 22, 1982 in Book 341 at Page 961 as Reception Noo 2383090 . . 20a Pedestrian P,ccess and. IItility Easesnent and Maintezance • . . P,greement between June Creek Ranch Company, a.joint venture and . Heritage Financial Corporation, a Colorado Corporation, recorded F'eb:,z_==v a3o 1982 in Book 352 at Page 820o 21o Eme=gencv Access and Dtilitv Easement and Maintenance P,greement, between June Creek Ranch Company, a joint venture and . Heritage Financial Corporation, a Coiorado corporati.ono ~ gecorded April 8, 1983 in Book 357 at Page 396, as Reception Rioa~~:..~.. 253728 a . 22a Right of Proprietor of a vein or lode to extract and remove _ his ore therefrom should the same be gound to penetrate og ; intersect the premises as reserved in tJnited States Patent . Continued on nest page . .<<,,.` $TEWART TI°~LIE • 0tJ6F3AI8YY CoMPoNB ' r. - .~;,~c : asC laooM 104W~ i . . . . - - a..,r.•.~...- .•.'L1:~T - + . - `W • _ ATTACHED TO AND MADE A PART OE' - STEWART TITLE GIIARANTY COMPANY POLICY NO.: 0-9941-489150 ..CONTINIIATION OF SCHEDOLE B recorded August 20, 1934 in Book 48 at Page 436. 23. 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 IInited States Patent . recorned December 13, 1898 in Book 48 at Page 471. - 24. Right of way for ditches or canals constructed by the authoritv of the IInited States, as reserved in United States ' Patent recorded August 20, 1934 in Book 48 at Page 436 and - " recorded December 13, 1898 in Book 48 at Page 471. 25. A one-eighth interest in all minerals extracted from subject property as reserved bv Esther L. Rlatt in Deed dated August 16, 1971 and recorded August 18, 1971 in Book 221 at Page 407.as Reception No. 117088, from Esther L. Klatt to Eagle Associates and as reserved in the Agreement recorded August 18, 1971 in Book 221 at Pace 410 as Reception Vo. 117091. r26. Right of wav of unspecified location and dimensions to const:-uct, operate and maintain lines of telephone and telegraph, inciuding the necessarv poles, cables, wires and f istures upon and across the si:bject propertv, with the right to . permit the attachment of the wires of anv other companv, as grante3 to The Mountain States Telephone and Telegraph Co. by right of way Deed recorded September 9, 1930 in Book 106 at Page 599, Eagle Countv records. - - - - 27. Ease:nents of unspecified location and dimensions to relocate power line due to construction of Interstate Highway - No. 70, and to construct, operate and maintain an elect:ic transrnission or distribution line or system, and to cut and trim - trees and shrubberv to the.extent necessarv to keep them clear - of said electric line or .svstem and to cut down f rom time to . time ail-dead, weak, leaning or dangerous trees that are tall _ enough to strike the wires falling, as granted to Holti Cross Electric Association, bv instrument recorded August 19, 1969 in ' Book 215 at Page 808 as Reception No. 111318 and in Book 248 at - - Page 378 as Receation No. 144622, Eagle County Recor-ds. 28. Right-of -way Easement granted to Eagle Valley Telephone Company, by Berry Creek Properties, Ltd., Berrv Creek Ranch, " . recorded January 11, 1979 in Book 280 at Page 688, as Reception .No . 177097. " 29. Permanent Easement g:anted to IIpper Eagle Valley 5anitation'. - District, bv June Creek Ranch Companv, a Colorado joint ~ Continuec on next page _ . ' . S T ENVaRT TITLE ~ acA:.?Yr: coKraNT•'•': : : .•~4.. _ -.'wL7~~Yf~ • • g9C (600_M_70-0oI: r ; ' . I ° ° 1'. Lv'... Y.• .~~y,,.~. ' -~:,~it A`i°TPdCHED x0 FeND MADE Fe PAFtT OF :,t.':~:: w;•;:~~'-":.. :STEWPRZ' TIT%E GUARANTX COAYPANX PO%ICY NOo e 0-9941-489150 : .•••a•••. .n.. . . - COPITZATIIATZOIV OF SCHEDUI.E B venture, gecorded May 30, 1980 in Book 303.at Page 428,as Reception Noo 199814o • 30o Right of way for the Deave: and Ftio Grande Railroado 31a Lack of Access to Parcel of Iand lying southerly of Denveg . Rio Grande Railroado 3ao Ariy cauestions, dispute or adverse claims as tc any loss or . ' gain* of land as a result of any change in the river bed location by other than natural causes, og alternation throragh accretion, reliction, erosing or avtalsion of the center thread, bank ~ c&annel or flow of waters ia the Eagle Rive: lying within • subject land and any guestions as to the location of such ceater thread, bed, bank, or channel as a legal descriptioa monumeat . or marke_ for purposes of describing or locating subject landso 33a Notes on Improvement I,ocation Certificate bv Alpine Engineering dated December 27, 1989 as follows: ao The adjoining propertv owner is utilizing the land east of this fence line (fence line shown on ILC) and may have ac3verse rights to this propertv, . bo The owner of the prooertv described on this Improvement : Location Cergsficate is utilizing the property wes'. of the fence Iine and east of the described property lineo The owner~mav have adverse riahts to' this pro ert p y, _ ce Adjoining Propertv Owner's boundary is based on Fticht-of-Way Maps and Warrantv Deed recorded in Book 148 at Pace 31e da The Adjoining Propertv Owner is utilizing the laad east of this fence Iine and mav have adverse rights to this propertyo ( f ence 1 ine shown on ILC ) . 7- : 7 eo The Denver Rio Grande 6destern Railroad may have rights to progerty located south of.the aortherlv Denver Rio Grande 6destern Railroad right-of-way fencea 34o Feaces encroaching onto adjoining properties to the north, . . west and south as shown on the Improvement I,ocation Certificate _ ...by P,lpiae Engineering, dated July 26, 19890 35o A Deed of Trust dated December 8, 1980, executed by 4020 ' Y,and Investors, a partnership , to the Public Trustee of Eagle . . County, to secure an indebtedness of $484, 242 0 00, in favor of Continued on nest page v ~ •P j ' . S/i ILd V YOART p~7I~S}7 LCd ao:ffi p~pJSo . • ` ~~f .Y ~ mIIai3evYY COT2poieY • . , -39ClE001W L:?ti'~A'e~o~.~ r_ . ; ' • ~ ; . ' , i~ -t { ..•'t::_:' . - - - . . ~r......,`.'~[.:..e~~.-:'mei ti: - _•~:.5'.z:,. _t:~_~~ d ~ „r'',,,~~ ~:z~' r . . aa= • ~ ti i=:» = _ . _ . : F TT ACHED' TO AND MADE' A PART~-O ~ ~~I'~ • ' ~r-: . e..:, _ . -t : ~ -~V'~ STEWAR7'-TITLE GUARANTY COMPANY pOLIC]C NO.: 0-9941-489250 ~ . ~ . . . , . . . . . ~ ~ . ";rfti: _ _ . . . ~ ii~ . . CONTINIIATION OF SCHEDIILE B . - ~ . . . . . ~ ~ ~ ~ . . . : . ~ - ~ Eagle Associates, a Colorado limited partnership'recorded. • December 9, .1980 in Book 314 at Page 474 as Reception No. 210849, and re-recorded on March 6, 1981 ia Book 319 at Page: ~ 510, as Receptioa No. 215880. (Affects' Parcel_ 3 as. _shown on , Improvement Locatioa Certif icate prepared by ~Alpine Engineering ~ ~ . ~ . Inc., dated December 27, 1989, which Parcel- 3 is a part of •'-s,w ` ~ Parcel A) • ~ . . ~ . ..:.~r~~ . _ ~ . . • . . _ , _ . . . . . . ^s:~ • • Y.. . _ . ~ _ . . ~ r •(~C~ . . " ' ob R: " . . . ~ r 'iw.'JI:... . 36. Agreement betWeen Town of Vail and June Creek Ranch Company, a Colorado joint venture recorded January 161-1990 in Book 521. , . at Page 244 as Reception No. 417412. ~ • . . , , - _ ' = - . . ' ; . ~ " Items No. 1,2,4,5 are hereby omitted. _ . ~ , . = • _ . . -:.•STENVART TITLE ~ • . . _ . . ~ .~..~i.. aIIA:axr: coxrAas • _ ' . ' ~ : . . ~ • . . . , . . ,..i~.. ' :h:.~ '~1:.~~. . • ~ : 99C I5O~OM~tOa9~ ).;%eS_^ ,~..^'~i..,~i? .i~ :~y.: :~~..~'J~~,~`. •:y:• Zey :~,'~yf ~i:. • `v F'~~:i:t: y~-,-:~:i:~'~i:.i ~ e~ ~ I ' fr.~ Y~~ i ' a,t .L' ~ ~j ~ ~'_.y±+~ J . ,r4~ • ~ ~ EXHIBIT E ' RGREEMENT ~ . 9'HIS ACBEEhIENR' (the °Agreement°) io btade this ~ day cg ~3anumgy, 1990, and io by and beteaeen ehe 9'OhRd OP VAYL, o Colorado municipal corporation I'Vmil°l; and JuNE CREEx aANCH _y COA9PAFIY, o Cologado joint venture (°June Creek°). i• RECYTRLSs A. Vail iD the ownes of the reel property demcribed in Etthibit A attached 4?ereto (Che °vail Property°). June Creek aa intere0ted in acquiring,the P9iller R' anch Propertp described in •Euhibit B attached hereCo (the °P9aller Ranch Property°). B. voil and June Cseek hmve agreed £hat, if ,lune Creek aquireo the Mill.er Ronch Properey ond Vail fails to acquire the Miller Rench PaoQerty from June Creek, Vail caill grant to June Creek an easement upon the terme and conditiona eet forth • herein. The purpoee of this Agreement ia to oet iorth the 4erms ~ rand conditionm upon ahich the easement wil1 be granted, and all . prior negotiationo, discuoaione, and offers'betaeen the parfies aiCh geapect to the granting of mn Qaeement mse merged anto ~ thio Agraement. ~ f AGREEMEtdT AlObd TNEREFORE, %or good and valuable enutual conaiderafion, the geceipt and Bufficiency of which are Aereby acknoaledged, z: 4he perties hereto agree aa folloaes ~1. AGREEMENT TO GRJINT RN EASENENT. If June Creek from this date forwerd dilligently pursuee negotiations Co acquire • wnd doeB in fact acquire the Miller Ranch Property and Vail ~ declinea to acquire the Pliller Ranch Property from June Creek after being given or having the right to acquire Buch property grom June Cteek, then Vail a reea to r g grant June Creek a non-ettcluaive eamement for ingrees and egress to the Miller Ranch Property from the U.S. Highaay 6 acceea road abutting the aeeterly perimeter of the Vail Property, ahich location ia referred to herein ae the °Point of Accees" Ithe "Eaeement"1 = upon the terme and conditiono met forth in this Rgreement. R'he r • Beeement ohall be oufficiently eaide to accommodate e°collector road", aa defined in the applicable hi.ghway and road claeoificetion oyetem, uned by the County of Eagle, Colorado, oc auch leeoer otatue road an nay De approved by the Eagle County Commieaionero to oerve the usea of the Miller Ranch Property permitted under applicable zoning mnd oCher land use reatrictiono and regulatione. The location of the @meement ohall be at much locmtion ae Vail may deaignate tfiat is in accordance aith the development plane that Vail may aubsequently form for the development of the Vail Property and ahich.are opproved by the Eagle County Commisaionere for acceptance as a public road. The partiee acknoaledge that, ae of this date, Voil Aas not comple[ed ita development plan6 and, occordingly, Vail ohall not De obligated eo deaignate a location for the Laoement until it hae formed such plmno,fbut not later than ^ ¢ighteen montho aPter June Caeek acquiree fee title of record to the P9iiler Ranch Propertyl. ~ ~ a. YtR49ZPdATION OF EASEP9ENT. The Eaeement ohmll provide 2het it ohell tes-minate at ouch time, if esny, ma Vail dedicates 1~ . . ' ~ •~;r*~ . ~ ~Y- • `;:~y <<n . • , .L r; : ' : r;•. •1'=~.:' and Eagle County accept• the Easement tor public use a• a road. The Easement •hall also provide that it taay, at the option of, Vail, from time to time, be relocated to.euch alternative locationa aa Vail ma deem s y ppcopriate in furtherance of it• •development of the Vail Property so long a• the relocated easement providee ingrese and egres• between the lliller RancA , ~ . Property and the Point of 7lccess and is in a location approved r by the Eagle County Commissionera for acceptance as a public road. ; 3. CONMON lfAINTENANCE. During tAe term of the Easement, June Creek ohall be •olely rexponsible for the common maintenance, care, conetruction and op- eretion ot any roadway improvementm conatructed within the Easement solely by June Creek. If June Creek and Vail jointly elect to conatruct a raadway within the Eaaement. Vail and June Creek •hall be . equally re.poneible for the common maintenance, care, ~ conetruction or operation of any roadway improvemente ~ conetructed aithin the EeOement, with •uch cost to be borne fifty 150%) percent by Vnil and fitty lSO%I percent by June :k Creek. June Creek ehall not be required to pay any coete of conatructian, operation or maintenance of sny portion of any roadway which Vail may elect to construct within the Easement for Vail'e own purpoaea and in which June Creek electe not to participate. i INDEMNIFICATION. 50 long a• June Creek i• in title ot the Miller Ranch Property, June Creek hereby agreeu to indemnify and hold harmless Vail and 'ita officials, leseeeo, contractoce, ~employeee and agente, from and againet any and all liabilitiee, ; loeaea, damages, claims, coats and expenses (including attorneys' feea and coate of litigation) erising out of the granYing of the Easement or the uee, maintenance, care, yi. conatruction or operation ot the Easement and roadway ~ improvemente located thereon, by June Creek or ite officera, employeee, co-venturere, agenta, contractors, liceneees and inviteee in utilizing, conetructing or maintaining improvementa ' upon tAe Basement. June Creek shall maintain at all timea during e+hich a roadway ehall have been conetructed vithin the Easement for June Creeks eole uee qeneral liability coverage ~ in9urance ineuring the obligationa of June Creek ee[ forth above, in the minimum a99regate coverage ot 51,500,000.00 per occurence, with Vail named as an additional insured, cancellable only after thirty f301 daye' prior written notice to Vail. S. SUCCESSORS AND A897GN9. Thie agreemenk ie for the personal uee and benefit of June Creek and it's partnere. The obligation oE Vail under thia Agreement to grant sn eaeement to ~Y;.. June Creek cannot be aeeigned or traneferred ezcept to June _ "4•. . Creek's partnere without the prior written permioeion of Vaii. Once the Eaeement ia granted, it ahall provide that it ie for . • the benefit of the partiee and ohal] inure to the Denefit of and be binding upon the partiee to the Eaoement, their reepective eucceesor• and aseigne. All obligatione o[ June Creek and Vail r under thio Agreement ehall be binding upon their teepective tucceaaoro and araigne. - 6. BIGHWAY DEPARTMENT IHPROVEMENTS. If the Colorado 5tate " Nighaay Department determines that improvemente to the opur . road adjacent to tAe aeeterly perimeter of the Vail Property'are neceoeary due to development of the Miller Ranch Property, the owner of the Mi11er Ranch Property ehall pay for the incremen[a] cootn of such improvemente. 7. GoVERNING LAw. The terae, provisions, and condition¦ ~ , t~ fJ og Qhia Agreeaent sAdI1 be governed by and construed in .5.°:.accosdance with the lmeao of the State of Colosado.. %Ri q%'1'PIESS 6dHEREOF, the parties hereto nave hereunto oet their hando and semla the day and year figot above written. ~T0WH OF VA%L, a Colorado municipal coamporetaon • . ByY / y•a.• . ~ 7tf•]2 7tWoV a- t,; . . yt' SUNE CREEK RANCH COP9EANY, o . ~ Colorado joint venture , • J 1 r . : BY = . 4r'-J %t~ s ; 6 BR'ATE OF COLORi1D0, ? 1 mao ~ • County of Engle 1 ~ . The foregoing inBtrument aam acknowledged befose me thio 3th day of Jmnuary , 1990 byr+aja.,LX7'l Qtec..~A$ Ql~ode~ c..Co~~ ~o~ Q<<a. Uo..Laea0.1 oC T...,a CeoLL 7A~a.h Co...~.,y~ w~•r~c..Ac Sc.aDl~o..i..ae o..~d~o.,d..~~ d-~h:u.pg ab T.~.. IY`o...~,~ oG T-~,.~cl~~•u~ tioe. ~c.m?o- • a' • PAy conwiooion expiree 1-~- ofl94Za Editneso my !?and and ~ • official oeal. . ~ . ; . ' . . . ~ • ~ . . # • - : , ~ . • . ~ . . , ' . . .i! m 1: d . l . . . • Of1'ic:c oF thc Uciard of Commissiom:n 1=.:it:lc (.'clunly Rtlil(I;nl; (!)7O) 32tt-xc;(15 l'.( Ijr,x ti10 Uax: (970) 318•7107 5(10 liruadwity -n-)I.): (!)%I'l) U.8-9797 iluwiclii f{1671-f)8.5U . MaPCh 4, 1996 - 9:1 8 FAGLE COUWY, ~OLORAI)O A G E ND~ ~ ~ ~~~Y COMM'SSI~~~RS REGU' ~ ~~~CH 11 9 1996 {k 8 8 d C R Q Q O Q p A b ~S 4~ 8 4 D 4 O A O Q O d tT ~F fi 8 Q 41 Q S} Q O A 90 8o30 - 90.00 WORK SESSION - PEIVDBNG UTI(aATION James R. FPi4ze, Caunty Attorney 90e00 - 119096 BREAK 2e 90096 - WORK SF-SSIOIV - lIYEEI(LY UPDATE 3. 91e99 - 92000 WOftK SESSION A MEETONGS ATTER9D~~ ~2:00 - 1:30 dUNCH 40 9030 - 1o46 CONSENT CALENDAR Iism6 o4e rauflne arod non-controverslal nmtura are Plaoed an the coneeni colmna0rta atrowthe Board of Caun4q Commisslunarafo apend IGB UICIe and enePgg om mmre imporPaltl korm on o lengthy egenda. My COMml6sloner may eequest thet aM kM1 be °REMOVED- vrom the comaen4 calendarand coflald@red aeparately_ My momber o(ihe public rnay'REqUEST° aery Prsm be 'REMOVED" tmm the Conuan4 Aganda. A. BIe L P6yYlNl7 FOR II HE yVEES! OF ElIMRCH a1o 1996 Linda Partkuch, Accoun4ing Mark Silverthorn, Confr011er AC46ONa Approdal subject to revievv by the Chairman. i~ PAYROLL FOft MARCbi 14a 9996 Marlc Siiverthorn, Con4roller RCTOON: Appeodal subjec4 to review by the Chairman Eagie Board of County Commissioners Agenda, MaPch 11, 1996 F'age Two C. kiPPROilAL OF ftURAL RESORT IZEGION PL4RONINt; COMNIITTEE Hl1MAN SEftVICES RESTfZUCTIIRING PLAN Kathieen Forinash, Health & Fluman Serwices ACTION: Gonsider approval D. SETTING OF PUBLBC 9-0EARING FOR AAAI3CF1 269 - 1996 M CONSIDER FIRST AMENDMENT TO THE SEFSIIICE PLANS FOR CORDILLERA AND SQL8AW . , CItEEK METRO DISTRICTS fiAary Jo Berenato, Attarney's Office ACTION: Consider approva@ E. PI0T8CE OF A9Ale4ftD OOR THE 1996 PAIIING PROJECT Dan FessleP, Road & Bridge Depar4ment ACTION: Consider approval . F_ AGREEAAENT BETiIVVEEN EA(;LE CO!!NTY STATE OF COLOR14D0 AND F9a4RRY7S FIEAVIf HAULERS FOR T9iE APPLUCATSON OF MAGNESIUN6 C1iLORIDE TO EAGLE COIJIVTY R0ADS Dora Fessler, Road & Bridge Department ACTION: Corl-sideP approval 0. AGREEMtENT BE7'VVEEN EAGlE COIJNTY STATE OF COLORADO AND 130C;UE CONSTItUCT1AN ' CONIPAAIY FOR GRA1/EL FI{4UIJMta Don Fessler, Road & Bridge Depsrtment AC71OMa Consider approval H. A(aREEN1EIVT BETiNEEN EAGLE. CO111VTf STIaT'E QF COLORADO AND DERRINGER 1'O PERFORM AT • T9iE 1996 EACL.E ~OUMTY FAIR BENEFIT (t)YSTEi$ . . FEED) . Laura Asmussen, Fair Coardinator ~CT80No Consider approval . L COU6@TY VETEBd/+lNS slERYlCE OFFICERam7 MONTHLY REPOFaT FOit JANIiARY A1VD FEBR11AFtY 1996 Jack Johnson, Veterans Servace Officer ACTION: Consider approval Offic:c nf thc Ikoard crf C.ommissioncrs (:4mnty I{iailding (970) 328-8605 ` 1'.0_ 11ox $5() f'ax: (970) i128-7207 500 limadway (97()) 318 8797 . Iraglc, (_:iilcyi lilii 8I031-()t{_ ll Marc.h 4, 1996 - 9:05 EAGLE COtINTY, COL4RADO Aif. ="')'E IV~~ ~OAR F %C"OUIVTY COIVIMISSIONER~ ~~~ULAR MEETING DAY MARCH 129 1996 '11 it ~i i{t 1Y Ct 6 b Q A d O A C sA A O ta e! 6 4 4'A 4 A' 3} ir k d & 4 fT Q ir i} k 9o00 r 91000 0..9QU0R UCENSE HEARING A. AAOb{FICATIQN OF PREMISES - VAIL FOOD SER!/9CES, 1NC. dba1N11D-VAIL RESTAURANT (TABLED FROM 2/27/96) B. RENEWAL - T'HREE SEVENTY-SIX CORPORATIOIV dba/UVHiTElNATER PAC6tAGE STORE C. RENEWAL - JET CENTER CAFE, lfVC. dba/JET CENTER CAFE (TABLED FRpM 2J27186) 0. RENEWAL - CEMSA CORPORt4T60N dba1C4RDILLERA GOLF CLUB (TABLED ERQM 212T196) E. RENEWAL - EAGLE-0/AIL METROF'OLITAN b1S7RICTdba/MULLiGAiV'S (TABLED FROIIA 2/27/96) F. RENEWAL - T@1E CUSTOfVlER COIVIPANV dba/FQOD & DELI 403 (AIVN'S MARKET) (TABLEQ FROM 2/27196) S. T NSFER OF OWNERSHIP - DJONT OPERATIONS LLC dba/BEAVER CREE6C LODGE H. NEW - EL JEBEL LLC dbalEL JEBEL CQN!/ENIENCE S70RE (TABLED FROIUI 11121195) ~ 0e SPECIAL EVEIVTS ~~RMlT - EAGtE COUNTY COVERIVNiEfVT dba/EAGLE COUN7Y GOi/ERNAAENT Earlene Roach, Liquor Inspector ~CT0ON: Cransider approval Eagle Board of Counky Commissioners r4genda, March 12, 1996 Page Twro 2, 99:00 - 12:00 VUORFC SESSIOiV = EA(3LE iVIINE UPDATE Environmental Protection Agency Coforado Depar4ment of Health Patricia 1'eik, Eagle River EnvironmenQaB/ Business ,41Pianc.~ 12-00 - 9:30 LUNCH S. t3a - 9~5 PLA4 AND RESOLUTBON SIGMIBVG Pattie Haefeli, PIannirag Department 6(athy Eastley, Planning Department ACg~ON: Consider appradal 4. TAS - 216 PD-311-95-A BLUE RIDGE Pl1D 14MENDMEIVT Paul Clarkson, Planning peparhnent ~CT9ONo Consider approva6 a. 2=95 - 2o20 AAAENpED FINAI. PI.AT FOR BEA1/Ett CREEK Sl1BDIYIS101V FIRST AMEIVDMENT T0 THE FiFTH FOLINGP LQT 3, BLOCK 2 Pattie Haefeli. F'Ianning Department ACTOON: Consider approval 2:20 - 230 SU-339-95-AF3 REIIAOBdOY CEIVTER AMIENDED FBNAL PlAT Sid Fox, Planning Department ~C70ON: Consider approval T. 2:30 - 3:30 ZSn342-94ANDZS-347-96-ADAIVIELS SPECYALUSE PERMIT EIBie Caryl, F'lanning Department AC46OR9: Consider denial a. 3:30 - SAS RESOLUTION PIZOCLAiMI1VG flNAitCH 1201996 GIRL SCOUTS° BE'YOUR BEST Girl Scouts ACYBON: Coresider approvad 3:45 -4:00 BREAK S. 4;00 - 4:30 WORK SESSION - BERRY CREE1C STH FiL1NG Jim Hartmann, Coun4y Administrator THE fdEXY AAEE71Wp pF 7}{E EAGLE CoUN7y CppqMIS310NERS WLL BE HELD ON MARCF9 1n. 19ss ALL MEE71NC38 UVILL 8E PiELD uN THE EqpLE COUPITY Bufl.pINO . 500 BROnowar, F-A(XE- OR 07HEkvY1SE Wo7Ep, 7FiIS AOEPIDd IS PROVIDE9 F17R INFCIRMA710NAL PURPOSES ONLY - ALl TIMES ARE APPRO)UWFq'IE, YHE BAARD V1HilLE IW 3ESSION MAY CONSIDER OTHER ITEMS T}iqT pFtE BROUGHY bEFORE IT. Eagle Board of County Cammissioners . Agenda, March 11, 1996 Page TQ1~~~ ~ ~ S. 1:45 -1-50 RESIDEIVCE LE143E BET'YIIEEIV EAGLE COIUPITY STATE QF COLOfZADO ANd SLPSAIV ZERGER Build;ngs & Grounds Designee AC°nONo Consider approdal a. 1.50 - 2e00 RESOLU110N REPEALIN(; I?IVD ffiESTATIAIG RESOL,UTIOIV NO. 91-109 CQNCERNING THE CONTROL AND LICENSING OF DOGS AND IMP0l11VDMENT AND DISPOSlT1QN 0F eqNINBALS Robert Slagle, Animal Control AC'~ONo Consider approval 7. 2:00 - 3~0 WOItIC SESSION - FAIRGROUNDS NIAS'1'ER PLAN Mike Bradley, Bulldangs & Grounds . a. 3.00 - 4.00 WORIS SESSION - GIS SYSTEIIA S. 4.00 _ 5:00 BOAItD OF 50C1AL $SRi/ICES NIEETItJG 6(athleen Fqrinash, iiealth & Human Services THE AIEatT PAEEY1Pd0 OF THE EAC,W; COUPI7Y CWIARA1931dNERS 1AHL6 BE PieLD ON pqARCF9 13, 7995 ALL flqEE'Y11dG5 N4flLL BE G1ElD IP! THE EAGLE COUAfYY BJILDING - 500 BIiOADWAY, EAGLE- OR 07HERYN9r; NOFED. THIS ACvEPtpq 1$ PFipy{OEO FOR IWFQIZMATIONAL PURPOSES QNLY - ALl 7'IAAES ARE APPROXIMA7g. THE 80A6tD UKFIILE IR1 SESSIQN iNAY COAISIbER OTNER REAA$ T}{A7 qRE BROUOFIY BEFORE !Y. • 4 Do vue vvish to bid on operating the regional transportation system? ao Pub0ic Park6c9pat90n Questions to be ansvvered ¢ Are we committed ta the process oufilined 2/13/96 Issues ° Time (to complete steps before decision making occurs) ° Identify opportunities for public processes in 1996/97 Next Stepa ~ Draft public process for 9996/97 decisions, opportunities for Council approval and implementation ' f. CapitaB ~ons$raacteon Questions to be answered ' Should we proceed on the VVest Vail interchange project before we know the level of state and/or federal funding? Next Steps ' Schedule Council meeting to prioritize capital projects in 1997/98. g. Intergo~~rnmenta0 Relat'sons Questions to be answered ° What is the role of the TOV in permanent funding for marketing? . h. 1999 Sku Champaonsheps i. Masce98aneous ° Berry Creek 5th " Contributions request criteria ° Banners ~ 800 MHZ radio system TOWN OF VAIL TOWN COUNCIL RETREAT February 27, 1997 AGENDA 1. Discuss Desired Retreat Outcomes * Town.Councii articu/ation what it hopes to accomp/ish over the next two years fl. Review Staff Vision and Values III. Review and/or modify current 'fOV Vision . III. Revievv and/or modifjr current 'fOV Mission Statement IV. Review 1995 Critical Strategies V. Discuss Critical Strategies and Goals for 1996 a. Economuc Deve9opmen4 Questions to be answered * VUhat is the role of the TOV in economic development? °What is the Council's philosophy an providing incentives for renewal and redevelopment? _ ° VVhat is the Council's perspective on the Community Plan being proposed by the TOV/VA Task Force? ° 1Nhat are the "scared cows" than cannot be considered in preparing the Strategic Financial Plan ° Is there a target balance between revenue enhancement and expenditure reduction? Issues ° Address the TOV financial situation ° Parking rates/strategies Live beds in the Village & Lionshead - ' Minimum fund balances ~ Loading and delivery facility Next SteDs ° Develap Strategic Financial Pfan to balance the 10 year budget " Develop public participation for financial plan ° Faci{iate Lionshead Redevelopment * Analyze split betvueen General Fund and Capital Project Fund ¢ Analyze impacts of refinancing TOV debt ~Determine appropriate level of fund balance ' Do vve wish to bid on operating the regional transportation system? eo Publac Par4acupatuon Questions to be answered ~ Are we committed to the process outlined 2/93/96 Issues °'Time (to complete steps before decision making occurs) ° Identify opportunities for public processes in 1996/97 iVext Ste~s °Draft public process for 1996/97 decisions, opportunities for Council approval and impiementation fe CapigaB ~ons$Paaction Questions to be answered ° Should we proceed on the West Vail interchange project before we know the level of state and/or federal funding? Next Steps Schedule Council meeting to prioritize capital projects in 1997/98. g. Vntergovernmen$a0 Re9a$aons Questions to be answrered ° V1lhat is the role of the TOV in permanent funding for marketing? , h. 9999 Sk6 Champaonshops i. Misce89aneous ° Berry Creek 5th ° Contributions request criteria . ° Banners ° 800 NiHZ radio system TOWN OF VAIL TOWN COUNCI~ RETREAT February 279 1997 AGENDA I: Discuss Desired Retreat Outcomes - ° Town Councii articulation what it hopes to accomplish over the next two years II. Revievv Staff Vision and Values III. Review and/or modify current TOV Vision . III. Review and/or modify current TOV flAission Statement fV. Fieview 1995 Critical Strategies V. Discuss Critical Strategies and Goals for 1996 a. Economac DeveUopment Questions to be answered A What is the role of the TOV in economic development? * What is the Council's philosophy on providing incentives for renewal and redevelopment? ° What is the Council's perspective on the Community P{an being proposed by the TOV/VA Task Force? ° What are the "scared cows" than cannot be considered in preparing the Strategic Financial Plan ° Is there a target balance betvveen revenue enhancement and expenditure reduction? . Issues ° Address the TOV financial situation ' Parking rate s/strateg i es Live beds in the Village & Lionshead - ~ Minimum fund balances ° Loading and delivery facility Next Steps ° Develop Strategic Financial Pian to batance the 10 year budget ° Develop public participation for financial plan * Faciliate Lionshead Redevelopment " Analyze spiit befiween General Fund and Capital Project Fund ° Analyze impacts of refinancing TOV debt °Determine appropriate level of fund balance TOWN OF VAIL 75 South Frontage Road Department of Communiry Development Yail, Colorado 81657 970-479-21 38/479-2139 FAX 970-479-2452 March 6; 1996 Mr. Chuck Ogilby 2938 Sowth Frontage Road Vail, Colorado 81657 Dear Chuck: I wanted to follow-up on the ideas expressed in your letter of February 26, 1996, and clarify a few aspects of the conversation we had in early February. As you may recall, we discussed the densities that are allowed in the CCI and CCII Zone Districts, which are Vail Village and Lionshead, respectively. These Zone Districts allow up to 25 dwelling units per acre or 50 accommodation units per acre. Given the relatively high densities, a grant of "extra zoning" would not be relevant. The underlying zoning is the highest in Vail and allows for significant density under by-right conditions. Your original concept of "extra zoning" would no longer be germain given the allowed density. Another important point is that staff cannot speak for any Board or Council. It is cr.tical to keep in mind the difference between staft's advisory role and Council's role as decision maker. I woutd like to express my appreciation for your efforts to hetp solve the housing problem. The goals that you have listed in your letter overlap the Town's efforts. We agee with your comments: - "Give local homeowners and business pcople a solid incentive to stay in Vail, instead of selling out. Thus the Town can retain it's local population;" and that - "This program will be a real incentive r.ot to convert long-tern housing to short-tenn housing or sell long- term housing as condonuniums." We are moving in the direction of accomplishing these goals and Irnow that it will take a collaborative effort. To that end, we will nced Vail Associates' participation, particularly on large-scale efforts. Thank you for encouraging a joint effort, Chuck. The Town will conrinue to coordinate with Vail Associates, particulazly on the potcntial pilot project with the U.S. Forest Service. We look fonvard to your conrinuing input. Sincer ly, d KnUdt ~i Senior Housrhg Policy Planner AK/jr cc: Andy_Daly,_President, Vail Associates, Inc. `Town Council } Bob McL,aurin Susan Connelly f:\eve ryone\andy196_lene\4Iby.304 R6'CYCL6'DPA/'ER ~ ~6 6 e4 F I~ ~ TO~I ~ 75 South Fronto-ge Road Department of Community Development Vail, Colorado 81657 970-479-21381479-213 9 FAX 970-479-2.452 Apri14,.1996 , N1r. Gecvrge Wiegers & Mrs. Elizabeth C. Wiegers 785 Potato Patch Drive Vail, CO 81657 Dear 1VZr. and Mrs. Wiegers, Thank you for both of your letters regarding the North Trail and for your participation in the public meeting. At the February 1 Sth meeting, the participants did reconfirm support for the concept of the trail and interest in a volunteer effort to help build it. We also received specific concerns at the meeting and through correspondence about using the upper portion of Potato Patch drive to provide a trail link. As part of the planning for this link, a trailhcad would be, created at the bottom of Potato Patch Drive (see attached map) where people cunently park to walk an existing social trail. This trailhead would be clearly signed and redesigned to improve safety. This trailhead would help prevent people from driving into the Potato Patch neighborhood looking for parking, which would continue to be prohibited on the street. At the February meeting, we committed to examining an alternative alignment that would go above the neighborhood. We intend to snowshoc this area in the ncxt month with the U.S. Forest Service to discuss the feasibility of this alternative. I have also discussed this alternative with Sally Clare, who lives on Potato Patch Drive, and we agreed to do a site visit of the area to discuss the feasibility of a higher alignmcnt. If you have any interest in joining us on this site visit, please contact me at the number below. lf a higher alignment of the trail can meet safety and design standards, we will seriously consider this alternative. Since much of the trail is located on U.S. Forest System lands, the proposed trail and possible alternative alignments will be reviewed under the National Environmental Policy Act by the U.S. - Forest Seavice. Bill Wood, the Holy Cross District Ranger, will review the project and decide whether to approve, deny, or amend the proposed acrion. Siuce the Town of Vail will be the primary €aznding source for the North Trail, the Vail Town Council will make the ultimate decision on funding the construction of the trail system. Construction of the Potato Patch portion of the trail could occur within 2-3 years, assuming funding and U.S. Forest Service approval. RECYCLEDPAPER 4 Once again, thank you for taking the time to comment on the proposed North Trail system. 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' 1. ~.r~- ~ ~r_=:-r.~ r r'~- - - -1._ . ~c I.;~:~.:: f~ - _ ~:r' ,c ~-3, .i ~ y T ~ , l; ~ . r~',.,~"~-~°~ _ ::C~" ~.r• si~. y~~•- ''L '%i,/' //,tC~ .'~~r-~.r~.• _ .•4~;;SCi.~....~= a•.t.~~... ~ ;r.~"e.'~~ Wi:~{~~ ~=~1:J!Y-.i !;1 ~ ~~t.~..,,, . \ - `t.:=-~:..`?l:•: ~ .'•rl.~'l~ : _ , `l . , , , . _ i ^ . . %f` ;.~i.•~'ii+;tari y ~r~.~]% . [1: i --~"1cr.,~'~'~-i-__~_ 1 ~y . ~ ee d~ TOWN'0F VAIL 75 South Frontage Road - Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDPA ADVISORY Nlarch 6, 1996 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VABL TOWN C0UNC9L HIGF1LOGHTS F0R MARCH g Work Sessaon Braefs Council members present: Armour, Foley, Ford, Jewrefit, Johnston, Kurz, Navas --Site Visi4 The Council made a site visit to the Cornice Building at 363 Vail Valley Drive in preparation for the evening meeting. (See evening meeting briefs.) --Special Events Interface with Vail Valley Marketing Board and Vail Valley Tourism & Convention Bureau An informational overview was presented by Frank Johnson, president of the Vail Valley Tourism & Convention Bureau, and other WTCB representatives. The . presentation included an update on the integration of special events, communications, visitor information and marketing within the framework of the WTCB organization. The briefing was intended as an orientation for new Council members. --Appeals Process Discussion (Ordinance No. 7) After reviewing a staff proposal to revise the appeals process for development review, Council members offered support for adding clarity and addressing inconsistencies in the appeals process (through a revision of the codes), but turned down a controversial recommendation to remove the Council from the appeafs process of Design Review --Board decisions_and certain variance appeals of the Planning and Environmental Commission. While the staff had attempted to recommend a streamlined process that enables a decision to be appealed only once (DRB appeals heard by PEC and PEC appeals heard by the courts), Council members objected, saying review of appeals at the Council fevel should be inherent to the process. Council members said the entire . development review process should be scrutinized and suggested contacting current and former appficants for their feedback. Jim Lamont of the East Village Homeowners Association urged the town to move forward in analyzing the entire process, while Sue Dugan, who works in the real estate field, suggested the length of time to appeal a decision should be extended to better accommodate the second homeowner community. For additional details, contact Susan Connelly in the Community Developmen4 Department at 479-2138. gs,~ ~more~ R CYCLEQ APER j , i Council Highlights/Add 1 --Housing Lottery Criteria With Mike Jewett excusing himself from the discussion, the remaining Council members continued their review of the lottery criteria for the Vail Commons project. Although Council members expressed interest in protecting the integrity of the lottery process and said they would be offended by someone trying to "make a buck" on the subsidized housing, they stopped short of creating a"deed police" requirement. Instead, the . criteria will continue to focus on the goals to be achieved, not on those who may attempt to subvert the integrity of the process. Sybill Navas wondered if the criteria would eliminate someone with significant assets. In response, Andy Knudtsen, senior housing policy planner, said the criteria requiring local wage earners to work 30 hours a week should address the concern. Navas also reluctantly agreed to support a plan to . award lottery bonus points to anyone agreeing to deed restrict and sell a housing unit in Vail. Navas had proposed allowing the deed restricted unit to be added to the rental pool, but other Council members said it would be simpler to require the unit to be sold. In addition, Council members agreed to give additional weighting to lottery applicants who already live in Vail. Sue Dugan, who works in the real estate profession, advised the Council to keep the process as simple as possible. She objected to the 30 hour per week work requirement for eligibility. Council members agreed the lottery will not be all things to all people. Following the afternoon discussion, the Council tweaked the lottery criteria to give additional priority to those working and living in Vail before voting 6-0-1 (Jewett) for final approval. (Please see evening briefs far the final outcome). --Information Update The Council agreed to start its March 12 work session at noon to continue discussions ` from the Feb. 27 retreat. Evening Session Briefs Council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, Navas --Citizen Participation There was no citizen participation. . --Girl Scouts' Be Your Best Day Mayor Bob Armour read a proclamation declaring March 12 as Girl Scouts' Be Your Best Day in Vail. The proclamation was presented to 9-year-old Kaitlin DuffeX and 7- year-old Chelsea Donaldson, representing the scouting community. . --Lottery Criteria Final Approval With Michae! Jewett again refraining from the discussion, the Council heard a request from Vail businessman Jack Curtin to give higher lottery preference to those who not only work in Vail, but those who already live in Vail, as well. Current residents (renters) are the people who should be rewarded, Curtin said, because they're paying the price to live here with their tax dollars. In addition, the action would double the affordable ho.using stock in Vail from 53 to 106, he said. Council members were sympathetic to (more) ~ .o ~ Council Highlights/Add 2 Curtin's requesfi, but said the lo4tery criteria should not punish someone who is currently unable to find affordable housing in Vail due to the lack of inventory. Some members emphasized the town's leadership role in solving valleywide problems. The Council 4hen voted 6-0-1 (Jewett abstaining) to adopt the tottery criteria as follows: 0 Current and consecutive years ofi ENIPLOYMENT in Vail will be vveighted 3-to-1 over consecutive years of employment elsewhere in Eagle Coun4y and historical employment in Vail immediately preceding consecutive employment elsewhere in Eagle County. ° Current and consecutive years of RESIDEfVCE in Vail will be weighted 2-fo-1 over consecufiive years of residence elsewhere in Eagle County and historical residence in Vail immediately preceding consecutive residence elsewhere in , Eagle Coun4y. ° HOiViE0V1/NERS at the 4ome of the lottery applicafiion are not eligible unless, upon selection, they deed resfrict and agree 4o complete the sale ofi that residence before or simultaneously with the purchase of the Vail Commons unit. 0 A 20 point bonus vvill be provided for DEED RESTRICTIiVG and selling a unit in Vail because of the net gain in locals housing that results. 0 Lender PREQUALIFICATIOiV will be required prior to application. The nexfi phase of the lottery process will include hammering out the details of the financial prequalification requirement. For more information, contact Andy Knudtsen in the Community Development Department at 479-2440. . --Ordinance iVo. 4, Density Control, Medium-Density Family District of the Vail fViunicipal Code ` The Council voted 7-0 to approve.this housekeeping ordinance on first reading. --Ordinance No. 6, Amendment to the Town of Vail Employees' Pension Plan . The Council voted 770 to approve this ordinance on first reading. It, too, is a .housekeeping measure. . --Ordinance No. 8, Cornice Building Niajor Special Development District Amendment The Council voted 7-0 to approve on first reading a major amendmen4 4o the Cornice Building Special Development District. The motion for approval carried with it the additional condition that no permanent exterior parking for the employee housing unit tenant be allowed on the property with the exception of loading and deliveries. Approval would allow creation of an employee housing unit within the Cornice Building and additional flexibility writh regard to outdoor lighting requirements. Jim Lamont of the East Village Homeowners Association voiced the group's concerns about allowing surfiace parking on the site. The ordinance will be heard for second reading at the March 19 evening meeting. For additional details, contact George Ruther in the Community Development Department at 479-2145. --Town Manager's Report In his town manager's report, Bob McLaurin reported on his meeting with the Eagle (more) } . ~ Council Highlights/Add 3 County engineer regarding options for proceeding with the railroad right-of-way acquisition. Options vary from a cost of $4.6 to $6 million to outright purchase the line to $900,000 to deal with the rail abandonment issue only. The Council gave its support for the county to continue pursuing all options. # # # UPCOMSIVG DISCUSSION TOPICS March 12 Work Session (12 noon start) Council Retreat Continued Discussions PEC/DRB Review Update of Eagle Mine Clean-up Red Sandstone Employee Housing March 19 Work Session Phase I Design Review Revisions Site Visi.t, Glen Lyon Office Building Art In Public Places (AIPP) March 99 Evening Meeting First Reading, Phase I Design Review Revisions " First Reading, Amend Design Review Board Terms ` First Reading, Glen Lyon Office Building Golden Peak Ski Base Request to Amend Operational Management Plan 4IL TOI~V~I 75 South Frivntage Road Department of Community Development Yail, Colorado 81657 970-479-2138/479-2139 FAX 970-479-2452 March 5:_ 1996 Ms. Ronmie Sue Nadel 37 Academy Drive Longmeadow, Massachusetts 01106 RE: Employee Housing in the Town of Vail Dear Ms. Nadel: Thank ymu for your letter describing your experience in the Town of Vail on your recent ski trip. We certainly appreciate your concern and concur with several of your points. The Town is finding it increasmgly difficult to fully staff our seasonal work force. The Vail Village Merchants Association approached the Town Council recently requesting additional focus on employee housing. Although the merchants have long been aware that employec housing is a critical aspect of successful businesses, it is only recently that they have approached the Town Cmuncil and suggested a collaborative effort to create employee housing. Our curr-ent efforts have focused on the Vail Commons project. We hope to break ground on this employee housing project in the next couple of weeks. The Vail Commons project will have 53 for sate residences and 18 rental apartments. Occupancy will be available starting in September, with completion expected in January of 1997. 'Fhe Town is excited about the construction of this first locals housing project. We are also working with architeets at this time to develop erriployee housing at the Town of Vail Public Works site. In addition, the Water District and the Town are jointly working on a housing developrnent in the Sandstone area. Finally, we are discussing seasonal housing needs with the U.S. Forest Service, with the goal of pooling resources to make housing happen. What we have learned to date is that employee housing is highly controversial ar.d very dif$cult to build. The Town relies on support from all sectors of the community, including you, eur guest. We appreciate your concern and would value your involvement, to any degree possible, in helping to create solzations for employee housing. Sincerely, ~L.l~' AndY K~u en Senior Housing Policy Planner GR/jr cc: `T~own Council Bob McLaurin Susan Connelly RECYCI,EDPAPER u d~ eb TOWN 0F VAIL 75 South Frontage Road Office of the Town Attorney Yail, Colorado 81657 970-479-2107/Fax 970-479-2157 March 7, 1996 Ken Kramer, Esquire Berenbaum, Weinshienk & Eason 26th Floor, Republic Plaza 370 17th Street Denver, CO 80202 Re: Dear Ken: Enclosed is a transcription of the Town Council discussion concerning the placement of a liquor store within the City Market commercial element. At the conclusion of the discussion a majority of the Council members agree to defer the retail mix decision making authority to City Market consistent with the permitted uses in Commercial Core III. Unfortunately the tape recording is not clear after the last comment by Andy Knudtsen when that head count was taken. . If I can be of any further assistance, please don't hesitate to contact me. Very truly ours, . ~t I(Thomas Moorhead Town Attorney RTM/aw Enclosure xc: Vail Town Council Robert W. McLaurin Andy Knudtsen John L. Caldwell RECYCLEDPAPER , 1 02.20.96 TC WS 2 Information Update - Vail Commons Development 3 Transcription of Retail Liquor Store Discussion 4 - 5 Tom Moorhead: 6 There is an issue that's been discussed with City Market with us that as it pertains to a 7 potential commercial use within the commercial property. And it deals with a liquor . 8 store. Let me give a little bit of background and refresh memories. During the course of 9 the process 3ohn Caldwell on behalf of City Market made a commitment that there would 10 be no liquor stores within the commercial element. And that commitment was accepted . 11 by Town Council, they just said, "okay, fine." It was a gratuitous commitment that was 12 not solicited by the Town in any way that I can determine. And it also was the only 13 commitment that I can remember being made as far as what would be included or not 14 included within the commercial element. John Caldwell has continued to be contacted by 15 at least 2 individuals who would like to put a liquor outlet of some type on that property 16 and my explanation has been to John, and also to an attorney that I was contact by who 17 represents one of these potential liquor store owners, that the Town has never placed any 18 restrictions from a commercial, as far as what commercial entities could be included or , 19 not included. The Town will participate in the sales, or excuse me, in the rental that City 20 Market gains as part of the compensation that comes back to the Town. And what I would 21 like to do is to get a clarification so that I could pass that on that the commitment was 22 , made by John Caldwell. They are responsible for the operation of the commercial 23 element and the Town would defer to City Market as far as what is included within that 24 particular commercial element, assuming, of course, that it's not illegal and those types of 25 - things,4hat would cause waste to the facility and so forth. - 26 Paul Johnston: 27 So what's allowed - anything in CCIII? 28 Tom Moorhead: 29 Yes. They would be subject to our zoning use restrictions as are appropriate for anyone 30 else. But that would be the only restriction. There is no additional restriction that I'm 1 e - 1 aware of that was placed upon this commercial element other than pertains to any other... 2 Andy Knudtsen: 3 Nothing came from the town. It was volunteered by the applicant. 4 Paul Johnston: 5 So the landlord is restricting the tenancy. 6 Bob Armour: 7 So, as we understand this, neither, nobody in the town, council past, present, future, staff, 8 said that there will be no "X" establishment in this, if not allowed by zoning. It has to be 9 allowed by zoning to be and that the perceived problem lies within Caldwell? 10 (Inaudible) 11 Bob Armour: 12 That'. s why I said perceived... I don't... 13 Tom Moorhead: 14 It's not really a problem, it's just an understanding that, I think there needs to be some 15 clarification that this was a commitment that was gratuitously made by City Market and 16 that was the restriction that they placed upon themselves. And there's not any other , 17 Sybill Navas: ` 18 And do we want to hold them to... 19 Tom Moorhead: 20 That becomes the issue...there's no other restriction. . 21 Bob Armour: 22 Well, we have to allow things that are allowed in CCIII . 23 Sybill Navas: 24 Let me ask one thing and it may or may not be relevant... are they talking about putting it 25 within City Market or renting it as a separate space? 26 Tom Moorhead: 27 I have no idea. 28 Susan Connelly: 29 Separate from City Market but location wise, we're not sure. I mean it's not a City 2 0 J 1 Market operation. 2 3 Sybill Navas: 4 A separate business. 5 Susan Connelly: 6 Correct. 7 Rob Ford: 8 So this is not under the auspices of the City Market Store. 9 Tom Moorhead: 10 City Market has the opportunity to have sub-rentals and it is contemplated that there will 11 be some sub-rentals. Then the Town will participate in the monies they receive as sub 12 rents. 13 Bob Armour: 14 Mike, you had something. 15 Mike Jewett: 16 I think, because of circumstances, I'm gonna withdraw from discussions on this particular 17 issue, in fact, remove myself from the room. ' 18 Bob Armour: 19 Is he opening a liquor market? Okay, 20 Paul Johnston: 21 Is that just informational, Tom? 22 Tom Moorhead: 23 Well, I think it's clarification because the Town did accept the gratuitous offering of John ~ 24 Caldwell that there would be no liquor establishment and 25 Paul Johnston: 26 Accepted or acknowledged? 27 Tom Moorhead: 28 Acknowledged. They just smiled and said, "okay, fine." And that basically is how it . 29 went down. There was not any condition placed in that regard. And I think John Caldwell ' 3 0 9 ' 1 is asking for clarification as are people who are interested in talking to City Market about 2 going into that...as to whether or not the Town... 3 4 5 Kevin Foley: 6 So Caldwell wants to know if he should hold up to his word? 7 Tom Moorhead: 8 That's it... That's basically the point, Kevin was that he's the one that made the 9 commitment and I think that's between himself and his prior commitment. 10 Sybill Navas: ` 11 Well, he's never wrote it into the lease... 12 Tom Moorhead: 13 It's never been written as any condition. 14 Andy Knudtsen: 15 And John Caldwell its not a pushing issue for him. He apparently has many people he's 16 talking to as prospective tenants. There's apparently some combination of liquor and 17 groceries that goes together very well that they would like to be able to represent here ` 18 (inaudible) but so he's interested, however...(inaudible) 19 20 . 21 A majoa-gty of the councnlmembers agu-eed to defer t9ne a-etanl mnx decisIlOn -maYciang 22 aaat9nornty to Cn4y Marlk¢t. 4 ee e4 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR 9AlIf1AED9ATE RELEASE. March 7, 1996 Contact: Paui Reeves, 479-2333 Environmental Health Officer H~~~TH OFF9CIALS SAY HAND WASHIIVG Si10ULD BE PRACT9CED ROl?TINELY TO IvOBC9 0ROL DI07EASES AUHOAYAEy SCflOOL A8dD tlNO6"96! (Vail)--During the recent hepatitis A alert in Eagle, hand washing and other personal hygiene techniques were strongly recommended by health officials. And they still are! It's a routine that sho.uld be practiced regularly, they say. Paul Reeves, Vail's environmental health officer, says regular hand washing is stilf one of the best methods to prevent many communicable diseases. "A single omission of hand washing can result in the rapid spread of a disease like E. coli or hepatitis A through a household, day care center or a food service establishment," he said. Proper hand washing has become something of a lost art in recent years, according to Reeves, an art that needs resurrecting. "1IVe want to encourage parents to teach thorough hand washing at home," he said. "It should be reinforced in the schools and in the vuorkplace, but if children don't see it practiced at home, it will never become a habit." Reeves recommends the following techniques to help prevent the spread of infectious illnesses: PerSoB~~~ hyg9e911e: 0 V1/ash your hands with soap and hot, running water before handling or eating food. (more) RECYCLEDPAPER Hand Washing/Add 1 • Wash your hands after using the restroom, changing baby diapers and touching pets (especially reptiles). • Wash your hands after handling raw meats. • While washing, make sure to wash between your fingers and point your hands down. Also, clean under your fingernails. Kitchen equipment: • Scrub hard and often with hot water and dishwashing soap. Soap will loosen the germs and hot water will rinse them off. • Clean up immediately after fixing meals. • Soak wooden cutting boards in one capful of bleach per gallon of warm water for about a minute. • Wash plastic cutting boards in the dishwasher. • Throw away old, cut, cracked and chipped cutting boards, cooking utensils, pots and dishes. • Use paper towels to dry countertops, pots and pans and other utensils not air- dried or washed/dried in a dishwasher. • Sterilize sponges by washing them in hot, soapy water. Put the wet sponge in a plastic bag and microwave on high for 30 to 60 seconds. • Clean garbage disposals regularly by plugging the drain, filling the sink with hot, soapy water and then unplug the drain and let the water flood the disposal. Food preparation: . • Cook chicken and ground beef thoroughly. • Keep perishable foods in the refrigerator. • Throw out moldy food. • Thaw frozen meat in the refrigerator. • Use egg substitutes instead of shell eggs if they are served uncooked. . • Wash produce before cutting. April 1-7 is Public Health Week. For more information, contact Reeves at 479-2333. - - - # # # - WE'RE TAICIIVG C.4RE OF YOUR BUSINESS FASTER AND EASIER AT THE TOWN OF VAIL Try the new Service Counter for immediate answers to your general building and planning questions : : '::<<':~.~.~~ > 1`~. . . ::F ::::t~~.. ~ ~~I}:I.`:~ : ><><.<.:'~ .:r~r~:r.r~ur~~..: M : . ~ ~ <:;::::>;:::<.::.:~.;:.:: , ~:~:i~::::: :«:::>:::>::>:::::`<::::<:::::: ~ ~ . ~ d a . : : : . > o :<:::::::::~1i:~a a. ...kr:r~: ~o a . . ~ ~ ~ y66 ° P °1 * ~ o~,q P 4 ~ o ~ Staffed by: - ~ ~ Dan Stanek .Lauren Waterton Building Liaison Officer Planning Liaison Officer 479-2321 479-2128 ° On-the-spot plccnning ~ One-on-One Assistance from approval for Planning and Building professionals minor alterations * 24-hour processing for minor building permits Stop by and see what a difference Dan and Lauren can make for you and your project. Turn over for more information... OTHER NEWS FROM COMMUNITY DEVELOPMENT: ? Our submittal deadline for PEC and DRB applications has changed. The deadline is now 12:00 noon on the respective submittal date. Sorry, we will not be accepting late or incomplete applications! ? We have revised our survey policy for new construction and additions. See the enclosed memorandum for details. ? The new and improved Construction Kick-Off ineeting is scheduled for Thursday, March 28, 1996. Look for more information to come. ? New things to come in April: -Improved applications for PEC and DRB submittals -Improved Sign Code and Design Review Procedures ? We have a new automated phone menu system. To reach an individual staff inember, use the direct lines listed below. ADMINISTRATION Susan Connelly, Director of Community Development 479-2140 Lorelei Donaldson, Dept. Secretary/Office Manager 479-2149 Judy Rodriguez, Planning Secretaiy 479-2139 BUILDING DIVISION Charlie Davis, Building Inspecior/Plans Examiner 479-2143 Chuck Feldmann, Building Inspector/Plans Examiner 479-2325 - Ernst Glatzle, Electrical Inspector 479-2147 Dan Stanek, Building Liaison Officer 479-2321 ENVIRONMENTAL HEALTH DIVISION Russell Forrest, Senior Environmental Policy Planner 479-2146 Paul Reeves, Environmental Health Officer 479-2333 HOUSING DIVISION Andy Knudtsen, Senior Housing Policy Planner 479-2440 - PLANNING IIIVISION = Jim_ Curnufte, Senior Planner 479-2142 Dominic Mauriello, Town Planner 479-2148 Mike Mollica, Assistant Director of Community Dev. 479-2144 George Ruther, Town Planner 479-2145 Randy Stouder, Town Planner 479-2150 Lauren Waterton, Planning Liaison Officer 479-2128 Fax Number 479-2452 Inspection Requests 479-2149 Larry Pardee, Public Works Construction Inspector 479-2198 Vail Commons InformQtion Line 479-2138 G,'GTO GUQM Ln::WT REC ElVED ~ MAKING TRACKS TO THE HIGH COUNTRY ~ " March 1, 1996 ~-=~%V~-~?tu.~- (p 1V- • ~ S. The Honorable Bob Armour 6 44t,~ru7 Mayor Town of V aiI 75 South Frontage Road Vail, CO 81657 ~ Dear Bob, 3-1 It was great seeing you last week at the VH=1 races. I just wanted to pass along our thanks for TOV's assistance in heiping Colorado Mountain Express meet the transportation requirements of a very demanding group. Dick Gericke in Code enforcement was instrumental in our success in moving those guests without a glitch. Dick helped us determine which routes were viable and was quick to help solve problems as they arose over the weekend. The town of Vail is fortunate to have such a dedicated professional on staff. Your doing a great job Bob, here's to your continued success. Please pass along my best to Mary Lou. Warmest regards, Mic ael D. Steverson Group Sales Coocdinator cc: Mark Walker Jeff Guether P.O. BOX 580 ~ VAIL, COLORADO 81658 13 PHONE 970.949.4227 TOLL FREE 800.525.6363 FAX 970.949.5032 a RECEIdED MWR 7 V A t ,L asgh ~NNidERsARv WAAAA 1970 - 9995 ~ • BOARD OF DIRECTORS John M. Galvin CHAIRMAN March 5, 1996 . Elaine W. Kelton PRESIDENT Karin Weber ' Mr. Bob McL n V1CE PKESIDENT TOWn agP+t • PROGRAMS TOWIZ OL VaiI , - - - Mary Ellen Cope 75 S. Frontage Road VICE PkESIDENT ADMINISiRAT10N V311, COlOi2d0 81657 . Kent Myers VICE PRESIDENT Deaz Bob~ ' ?STH ANNIVERSARY ' Rick MacCutcheon . rREASURER We want to follow-up with you on working with the town to develop a Community Plan. George Austen, III Bruce D. Chapman In this 25th Anniversary year of the Symposium, we are devoting our major program to Holly Elliott exploring issues that aze of concern to local residents, including both full-time Judith Evans and part-time residents. We feel it would benefit everyone if we work in Jane Healy tandem with you so as to complement your efforts rather than compete with Alison Hoversten them. The Vai] Symposium can bring much to the table: Rosalie Hill Isom Sharon McKay Jewett o The Vail Symposium has a proven track record for being able to bring in a sob Knous Cyndy McAdam diverse cross-section of the community. Debby Olsson McClenahan Karen Morter o The Vail Symposium has a nation-wide network that attracts top quality ' Patricia A. Teik SpeaC@fS. Deborah Ferris Travers ' ADVISORY BOARD 0 The Vail Symposium has extensive experience organizing a variery of ineeting t,a,.ry Asr formats inc3ude panel and speaker presentations, roundtables and workshops. Don Berger Wendy M. Gustafson o The Vail Symposium has established communication channels for reaching JaRe tmber interested property owners and ttiedia both within and outside the local area. Nancy Inman • 0 At`S°n K"aPP o. The Vail Symposium is represented by a group of dedicated locals who can be Christopher Kraemer Merv Lapin relied upon to accomplish the tasks assigned. - - Melvin Marz secn rachtak;n vWe have been discussing the importance of an up-to-date community plan for some time George McNeill, Pn.D. and would like to contribute our ideas on the issues to be discussed. Some of °or"'a Meyer the topics which we thought would merit discussion are: Jaime Pyka Kay Saulsberry Michael Staughton Does the town rely too much on sales tax revenue? What would be the repercussions of .Trapper Steinle relying more on a mil levy? How would second-home owners react? Barbara Treat John Tuscfiman Should second-home owners have the right to vote? If not, how can their voices be Biii wi!to heazd? What are the concerns of this group and how can we listen to them? Te,.,y M;nger Have we already polarized the cammunity? FourrDeR VAIL SYMPOSIUM - PROVIDING A PUBLIC FORUM Post Office Box 3038 o Vail, Colorado 81658-3038 0 970/476-0954 Phone and Fax ~ A Colorado 501(c)(3) Nonprofit Corporatiori What benefits can we really expect from the `99 WASC? What will the next 25 yeazs bring in terms of transportation, housing, growth, education, substance abuse, open space, racial tension, social services, urban renewal, fine arts, traffic, trails, trains, events and resort marketing competitiveness? Bob, The board members of the Vail Syrnposium are concerned, vocal, active citizens of the community. We would like to play a part in this very important undertaking and look to you for your support in including us in the process. We have much to offer that would facilitate the process and contribute to ensuring a successful endeavor. Cordially, Mary Ellen Cope, President cc: Mr. Bob Armour, Mayor, Town of Vail . ` NE I-YjSLE T T E R BRAvoi COLOBAD"O VAIL VALZEY IVIUSIC FFSTIVAL February/tvlarch 1996 NOTF, FI~OM ~~AKAVAFIAN9 Musicc DIRECTOR Plans are well under wa to make our 9th Season the best Yet. The most exciring change will be the return of the 4" ~ Rochester Philharmonic as Guest Orchestra to Bravo. Colorado for their 6th season. They will join our Resident Orchestra, the Detroit Symphony, in a winning combination that is sure to make our festival one of the few in the world y~ Fortunate enough to have two such quality organizarions. I look fonvard to continuing the wonderful relationship that , the R.P.O. and the Vail Valley developed over the years, and now with their new 1Vlusic Director, Robert Bernhardt, the ° , • . . . ; orchestra is securely on the way to becoming an mternation- ~ m ally recognized force. ` As always, the focal point of the festival will be on jJa Kavafuvz, lYltwfc Dlrector Chamber Music, and the 1996 season wi11 see the return of some of lastyear's favorite artists such as David Jolley, the Our Composer-in-Residence will be the giFted Alvin Diaz brothers, Ron Thomas and Anne-Marie McDermott. Singleton. Along with several other renowned festivals and After a break of 1 or 2 years, some other favorites returning presenters, Bravo! commissioned awork by iNIr. Singleton are lylarcus Thompson, Toby Hoffman, Christopher which will have its premiere this summer afong with other Costanza (soon to be a brand new father), and Peter Rejto. works of his. He will be present to lend insight to our New aRists include Pianist Charles Wadsworth, who is gen- audiences as well as to supervise in rehearsals. This is part erally regarded as one of the main musical figures responsi- of our ongoing commitment to the music of today. ble for the soaring popularity of Chamber Music in the last Along,"ith the e:ctensive plans for the upcoming season, 25 years. As the founding Artistic Director of the Chamber I am also hard at work in the crearive process for our l Oth Music Society of Lincoln Center as well as the Spoleto Anniversary Season for 1997. Since this is such a milestone Festival in Charleston and Italy, he is as weIl known as a far us, it will require an early stact on my part to assure that it charming host as well as a wonderful pianist. Indeed, he is a truly spectacular festival! The main theme will revolve will be hosting one of our popular "Introduction to around the two great composers, Brahms and Schubert. As if Chamber Music" programs in addition to his participation we needed additional reasons to perform their consummate as pianist. works, 1997 will mark the 200th anniversary of Schubert's Having two orchestras will give us a chance to have birth, and the 100th anniversary of Brahms' death. In more of the hottest names in the music world as soloists combination with our own IOth anniversary, we are sure than ever before. Although several artists have made verbal to have a season to remember. commitments to be with us this summer, Iivill keep you all I look fonvard to seeing you all in June! in suspense until I can be sure that all the details are worked out with their agents or representatives. I guarantee that you won't be disappointed! Valley for a sixth season with the Bravo! 7HT.., RoCHIESTER Colorado Music Festival brings enormous pride and excitement to our musicians and the City of Rochester. `Ve salute the Bravo! Board of ]PHILHARMONIC Directors, staff inembers and volunteers for their dedication and visionary efforts which ORCHEIISTRA AND have grown this festival into one of the finest in the nation." THE ~~T1T,,.,O1T Last year the Detroit Symphony Orchestra . debuted in Vail as the Festival's resident SYMPHONY orchestra. The Detroit Symphony Orchestra and 1Vlusic Director Neeme Jarvi are known 0L\\1CHF.,STRA for their incredible artistic and musical strength and en)oyed an ecstatic reception by concert goers. As the resident orchestra, The Detroit 11 he Bravo! Colorado Vail Valley Music Symphony Orchestra and Bravol Colorado Festival is proud to present the Rochester have an agreement for three years, ending after Philharmonic Orchestra as its guest orchestra for the 1997 season. "The Detroit Symphony the 1996 season, joining the Festival's resident Orchestra was an outstanding addition to the ' orchestra, the Detroit Symphony Orchestra. Festival and I think the Vail community loved Setting the standard in artistic excellence in the them," says Executive Director John W. performing arts, Bravo! Colorado will continue to Giovando. The Detroit Symphony Orchestra bring the highest quality of chamber music, Will be in residence for seven different concerts orchestra and jazz to the Vail Valley. from July 19 through July 28, 1996. Because oF the expanded orchestral programming, "We feel that the Vail Valley deserves the Bravo! will begin the Festival earlier than ever best in chamber music, orchestra and jazz and to before, opening on June 29 and continuing that end we are proud to bring back the through August 6, 1996. With the first Rochester Rochester Philharmonic in addition to the Detroit Philharmonic Orchestra concert slated for June, Symphony and our world class soloists," says Bravo! hopes to draw pre - Fovrth of July Giovando. crowds to the Valley. The 9th Season opens June 29 and continues The Rochester Philharmonic Orchestra, through August 6, 1996. For more information and under newly appointed Principal Conductor to receive Festival mailings, please call 970-476-0206. Artistic Director Robert Bernhardt, will be in residence for six different concerts from June 29 through July 7, 1996. The Rochester ~ " Philharmonic Orchestra was the Bravo! resident orchestra for five Years, from 1990-1994. "They (The Rochester Philharmonic Orchestra) ~ are one of the finest orchestras in the country and we missed them last ear, both rofessionall Y P Y and personally," says Music Director lda N sz4 ~ Kavafian. She adds "they have always done an ~ . ~ excePtional 1'ob for us. ° According to the Rochester Philharmonic's President and CEO Nan Harman "the announcement of the R.P.O.'s return to the Vail $ravo!Orchedtra CoizcertattheGerald R. For2Ainphitbeater vail. V EW ~ ~ ; ~ ti . ~ ~~N ~i °'~z ~ ~ d w s~ ' DERIECTO11R. OF DEVELOPMENT9 JEANNiE REii) . X 1_.~,xecutive Director John Giovando recently named Jeanne Reid, a long time Vail Valley resident, Director of Development of the Bravo! Colorado Vail Valley Music Festival. Respected throughout the Vail Valley community for her proven ability to generate funds for Jeanne Reid, Dil-ector of Development non-profit and for-profit businesses, Ms. Reid continues with the Festival after previously Operations of the Vail Valley Foundation, organiz- serving as the Executive Administrator. ing special events such as the American Ski Ms. Reid has been involved with Bravo! Classic, the Legends of Skiing, the Jerry Ford Colorado since its inception in 1988. She first Celebrity Cup, and the World Forum. She subse- acted as an officer of the Festival's inaugural quently raised sponsorship funds for these and Guild, a volunteer support group, for two years other events, including projects such as the Gerald and then became a member of the year round R. Ford Amphitheater and Vail's 25th staff when she became the Executive Anniversary Celebration. She currently serves as Administrator in 1990. Ms. Reid has seen Bravo! Regional Account Nlanager for KVBA/TV8. Colorado grow from an organization.with an Ms. Reid grew up outside of New York City, audience of under 1,000 in its first year to over and graduated from Tufts University in Medford, 30,000 concert-goers in the 1995 season. Mr. Nlassachusetts Nvith a bachelor's degree in English. Giovando is happy to see Ms. Reid take on this She then moved to Vail to "take a year off bet~veen unique fundraising challenge, "I think Jeanne is college and law school," and subsequently deferred an excellent fit for this position, and she will work enrollment to Suffolk University Law School in well with the organization. She knows the Boston-forever. Ms. Reid lives in the home she Festival and the Vail Valley community inside and her husband, Kit, built themselves in Lake and out." Creek with their two children, Helen, 11, and As Director of Development, Ms. Reid is Brandon, 9. response for overseeing, managing and coor- dinating fund raising and membership activities, maintaining strong relationships with donors, participating in strategic planning, and assisting board members in conducting successful fund raising, special event and donor cultivation events. Previous to her involvement with the Festival, Ms. Reid served as Manager of I~ 1BEAV-E~ 70H ~ ~4{~9:"~i ~/Jl~L111..LL la MUSICIANS z~~,$L`~ . IF-'ROGRAM V JDravo? Colorado and the Beaver Creek Resort Company are proud to present The Beaver Creek Musicians Program. The Program brings string quartets and brass quintets preparing for u • ' " professional careers to Beaver Creek Resort to , receive the superior combination of coaching by Bravo!'s acclaimed artists and the experience of „ . , performing for eager audiences during the Festival's regular season, June 29 through August ° 6, 1996. Partieipants learn, live ancl perform in Beaver Creek Mudiciaik, Prograin, Brat+ Qauiitet perfornuutce. Beaver Creek for sbc exciting weeks. The Program has been expanded from last year visitors to enjoy. The students rehearse, perform and bears a slightly different name. "Lastyear the and discuss the music for their audience, giving Program was titlec-'The Beaver CreekYoung • attendees entertainment and uriderstanding while at Musicians Prog-ram.' We took out the word `Young' the same time the musicians receive indispensable because people expected to hear kids, when actually performance experience. the participants are talented musicians at the under- In addition to funding the Beaver Creek graduate and graduate performance level," said the Musicians 1'rogram, Beaver Creek Resort Program's Coordinator Jephta Bernstein. "More free Company is also the sponsor of the Saturday, performances in Beaver Creek and more coachings July 6 complimentary patriotic concert with thc are scheduled for this growing program," said Ms. Rochester Philharmonic Orchestra. According to Bernstein. Violinist Jephta Bernstein is the Assistant Executive Director John Giovando, "Beaver to Music Director lda Kavafian and is a past partici- Creek Resort Company has been a supporter of pant in the Beaver Creek educational programs. the Festival since its inception. We are extremely Coaches include Bravoi solo artists such as pleased to see Beaver Creek take a leadership Frank Almon, Ida Kavafian, and Benny Kim, role in this community by funding this Program violin; Roberto Diaz, Toby Hoffman and Marcus `vhich runs throughout the Fesrival, and a concert Thompson, viola; Christopher Costanza, Andres celebrating America's Independence over the Fourth Diaz, Peter Rejto, and Ron Thomas, cello; David of July Weekend." Jolley, French horn; and the principal brass For more information, please call Rachel players from the Rochester Philharmonic Lenz, Director of Nlarketing and Public Orchestra and the Detroit Symphony Orchestra. Relations, at 970-476-0206. As an integral part of this program, complimentary interactive performances have been scheduled in the many glorious outdoor settings, and intimate lodges of the Beaver Creek Resort for residents and ~ BRAvop CoLoRADo GuiLDO a o We are a group of Vail Valley citizens and which contribute to sponsorship of a concert guests who want to support and promote the and member social events. In addition, Guild Bravo! Colorado Vail Valley Music Festival. members volunteer time to staff concerts, help The Guild was formed in concert with the with fund-raising events in the community, Festival in 1988. The mission of the Guild is to assist in the office, or sell Guild merchandise at foster and encourage music appreciation in the concerts. Bravo! Guild members choose different Vail Valley; to provide concert, artist and office levels of involvemer.t, but volunteering time is support services; to represent the Bravo! not a requirement for membership. Colorado Vail Valley Music Festival in the If you would like information about the community, and to raise funds for the Festival. Guild, please call Guild President Kathryn Membership is open to anyone with an interest Benysh at (970) 476-1490. in fine music. All members pay modest annual dues UONGRATULATIONS o 0 0 To LauT-a and Warren Garbe who were_ raising events, organizing our annual Stage selected as the 1995 Guild Co-Volunteers of the Dinner and coordinating concert volunteers. Year. They gave countless hours to the Guild and Their contribution to the success oF the Festival is the Festival, working in the office, helping at fund very much appreciated by all. 91PCOMING 03RAVOOV BoARD C~~ELD EVENTS o 0 0 ~~~~~EF,,S Wed., February 28: Annual Membership Reception OfEicers of the Board A champagne and hors NIark Smith, Chairman (~~oeuvres kick-off for Betsy WieCers, Vce Chairman James R. NVear, Vice Chairman SedSOri Nlile. Roger Behler, Treasurer 5:30 -/:J70 P.M. Susan 14lilhoan, Secretary Colorado Ski Museum Kathryn Benysh Linda Galvin Patricia Lynch Monday, Nlarch 4 GUlId Me2t1Rg'S Elaine Brotman John Garnsey Phil Noll Kay Chester ponald Herdrich Jane Smiley April l T:OO P.IVl. Doug Cogswell Becky Hernreich Catherine Stone May 6 Vail Library John Cogswell Mary Hesburch Richard S«•ank Gerry Engle INIerv Lapin Barbara Treat June 3 Community Room Joan Francis Robert LeVine r . 3 Grrild Pvt Concert Party with Dr. BillJ Tzylor in attendaiice. h ~ ~ ty~p~'~, ~e~ , a ~ tt'. ~ • ~ a . 4 ~ . CIENF-S :T. \ ~ROM AN~ LAST D. S.O. lYlewic Dtrector Neenze Jiirvi wfth Guild memGere lLlark Antonelli, Carol Bravo! patron Richarr7 Rogel at tlae 3UMAIERo o o Schimmer, BoG and Bonnie Sclaeid at the Welcome Party. Billy Taylor Trro Podt Concert Party. v~'~ : xr: ~S ~ ` ~ ke, ~ . . • G«il"J Inemlien, Hctrrtett MeCue cznd Laeal mu,jfciaut BoG Finitfe entertaiit,, at the Iflaurrit GezrGe. Deb•ntt Sympl~ony Oreheitrcz Weleonte Pezrty. fi JCQJO/1 UF"iGlurgdaitd irtrtch ntore. Beizny aitd Ertc Kun, Ida aad Ani Ka vufaut, aitd Andi•ee aitr) RaGerto DiaZ ~ pfcture2 here. - The 1995 Secwon wad a lauge ~uucee,,,, ivith ct record atfeirdanee of 30,321 cvncei•t-,qveiv. ~ x,. • ~ , ~~,y ~ a F• ~ ~~~w.- " Q6 PE~ SMPP AND 66 OPE~ AT SCHOOL" EVENTS r , 1February 29 and March I .a ; Central City Artists in Residence return to ~ Vail in late February and early March to collaborate Lindarae Pobzha (center), cvlao pei.}orlned with Cottra! City with Bravo! Colorado and the Vail Cascade Hotel Opera iiz the 1995 production of THEAI1iGIC FLUTE, n,ill and Club in two performances. The "Opera appear cvft/a the Ceiztral CI[y Operrz Aittvte iit Re,,ideitce iit Ski" benefit will take place on Thursday, Uzil otzAzl•ch 1, 1996. February 29, at 5:00 p.m. at the Vail Cascade Hotel and Club. This ent.ertaining operatic acclaimed for its efforts to bring opera to event enables the three presenting organizations schools, senior centers and hospitals as well as to bring an educational outreach performance providing entertainment and education to a to area students the following day. The wider community. "Opera at School" event will take place on Last year Bravo! Colorado, Central City Friday, March 1 at Battle Mountain High Opera and the Vail Cascade Hotel and Club coop- School at 1:00 p.m. Students, fifth grade and erated in a similar and highly successful educa- up, are invited from community schools to tional endeavor. By working together, the three attend this complimentary performance. organizations were able to present an operatic The programs will feature favorites from school outreach event at Battle Mountain High light opera and musical theater such as selections School to over 450 students from area schools, in from West Side Story, the "Paradox" trio from addition to an entertaining fund raising event at The Pirates of Penzance and the romantic "One the Vail Cascade Hotel and Club. Kiss" and "Lover Come Back to Me" from the Tickets to the °Opera Ski" performance are New 1Vloon. This year the featured artists are $40 per person and includes champagne, wine soprano Karen Jolicoeur, mezzo-soprano and hors d'oeuvres. To purchase tickets or for LindaRae Polaha, and tenor Robert Eich. more information, please call Bravo! Colorado at Andrew Chown will direct and Curt Hancock, 970-476-0206. Artistic Administrator, will host the performances. Adpe«<Zl fbank Jvu to tbe Bi•ac,o! Colorado GuilJ aizd Started by aeelaimed eonduetor Duain Battle ~Lloruztaiiz HiJh Scbool f~i• !/~eu• Jenervud Wolfe, Central City Opera's Artists in a.oidtaizce i(,ith tbc~i progi•ain. Residence Program has introduced opera to new audiences for the last seven years. The young artists from the Summer Festival who are invited back to perform in collaborative performances and community outreach programs are some of the most talented artists in the United States. The program is critically ~~~~TANT DATESo 0 0 February 28 Guild Membership Reception February 29 Opera Ski Benefit with Central City Opera ' }March 1 OPera at School Program ~ May 15 Festival Tickets on Sale y' June 29-August 6 The 9th Season July 27 Gala Dinner Dance/ Chalrnzan of the Boara Alark Smith (rtgbt) with Joha Giovando Conductorship Auction anr7 Idrz Kavafuzn. August 5 Golf Tournament at Cordillera The Bravo! Colorado Vail Valley Music Festival Newsletter is produced for donors and friends of the Festival. Please send any comments to Rachel Lenz, Director of Marketing and Public Relations. ~ John W. Giovando, Executive Director Ida Kavafian, Music Director COLO v,a« vnLLev 953 S. Frontage Road West, Suite 104 ~ MUSIC FESTIVAL Vail; Colorado 81657 Phone 970-476-0206 0 Fax 970-479-0559 o E-mail bravo@vail.net Bulk Rate _ ~ US Postage COLOBRAvo! ~ A~~ Permit~NDo.28 VAIL VALLEY Vail, CO ~ MUSIC FESTNAL 81657 953 S. Frontage Road W. #104 Vail, Colorado 81657 Ms. Pam Brandmeyer Town of Vail 75 South Frontage Road Vail, CO 81657 x e: MAR-10-1996 23:27 VAIL SECURITIES INU 303 476 5531 P.01 PII~~S RELRA5~ ~erv %aapan 476-5531 ST, ffiOR%TZ, SWITZERLAND TO CODPETE %IQ ZTA%Le INTERNATIONAIa ROCKEY TOURNAME= vail Valley° ssiater city. Sto Moritz, Switzerlsnd, has accepted asa ~ invitatxan t~ compete at tthe Bantam level (13 -14 years old) in the Sgxth TC% Vaal %ntea°nationa3. Hackey Tournament Apri1 3 -7 _ ' Mart3n BertYaod, St eMoritz ° s deputy tourism bc+ard directore accepted icle aavatation gsom Merv I.apin, co-c]iagrmasa of the eveaat, ths.s past Fricialr. Berthod gaida ONe just geceived approval from the school, diatr3.ct to Merr° s ammvitatioa of oveg a year ago when he Vigited us in $toMoratzo Now we are frantically trying ta ptxt it togethex. This will be a great cialtugal exchange oppartunitZr, W Merv Lapin stated, °°The TC% Vai1 %ntexnatioaal Hockey TQUrnamenit is an exciting specaal eveat that helps eQlidif3r Vail's iaternatioaag image around the vvoggd. Btat 1'esides t$iat, some of :tgae best yotath 'players come here fog some exeellent competitgoae This year° s. tournamegat rovill feattare 20 P1antsm aaci Midget teams from Pgagiae and Oloffiouc. Czech Republica St o Hdoritz,; Switzerlando Maclagaa, Wisconos.n; Minneapolis, Miagtiesota: Salt I.alte Cityo Utaho Annaheamo California; Napervi17.e, illisaaig jCalgax1r, Csnadaa aad Colorado Springse Denvrer, and vail, Colorada a The team as scheduled ta agrawe in vail around March 28 an.d leave on Apg'a]. B. They woutl.d 1$]ge to stay with VaiI Vall;ey famil.ies if they are availab7.e. Yf you are interested in housiag St. BBOritz ar Czech players og coaches, please contact Missy Cox (926-3058) or , Sue Etree (92+6-1917) , ~ I I TOTAL P.01 COIOradO Bulk Rate ~ LottQry U.S. Posta9e Pa;d Pueblo, Co ' Peranit No. 397 P.O. Box7 Puebb, CO 81002 ' V():l:L I''IF+`.-'C;ft ~:::i I" I':'+.JI'~ ; i...~,_'l-. I~:;~j:, . ~ , i._. C.., . - ~ U . l~ ..'r .Ci.::ii..._:,_i{..>(f~.• D~ RECEI VECd Mv U U ~ 'wee?s %0* Prinfed on Recycled Paper . , ' 0 A: VVhen you spend it on aLottery ticket. re. ~ . Like the eagle returning to its nest, your Lottery dollars ''g keep coming back. Here are the projections of how Lottery ey keep5 O~ ~aCk• o proceeds for Fiscal Year 1996 will be coming back! ~ The Colorado Lottery estimates it will earn $75.4 million in net profit for Co FY 1995-1996, These proceeds are being distributed quarterly based on the following formula, approved by voters in November, 1992. 1114 Up to $27.4 million Next $8.6 million Amounts over $36 ereillion Conservation Trust Fund 40% (up to $36 million) Conservation Trust Fund 40% State Parks 10% Capital Construction/ State Parks........................... 10% Capital Construction/ Great Outdoors Colorado Capital Construction/ ' GO' Colorado 50% 100% GO Colorado 50% ~ State Parks (ColoradoDivision ConservationTrust Fund GO Colorado Trust Fund of Parics and Outdoor Recreation) (for local parks and recreation and Capi#aB Construction ~ is projected to receive agencies) is projected to receive are projected to receive ~ $6.7 million $26.7 million $42. million ~ . ~ •--.-..'""..y~^'" Y..._.~-. e _ , - . . . . . . . ....-~.r. .1 ' . . . ~ : . "t'" r. . ~ . r , , . f . ~ . , . ~ . ~ n ; CE1VED 16~' i o ct.~D. , COMMUNI'm lk. , Qolorado LOttRI'f A Newsletter For Colorado Community Leaders VUinter 1996 o Vo1.14 F'Ifth Annual Starborst Awards Announce The Colorado Lottery announces He adds, "The Starburst program Projects which have previously its fifth annual Starburst Awards is a great way to communicate to won the statewide award are for excellence in the use of Lot- the Lottery the value of the ineligible, unless additional tery pioceeds for the development projects Lottery dollars helped to enhancements made with Lottery of parks and recreation projects. create. We, in turn, communicate dollars have been completed since . The criteria for the honor are this information statewide." the award was made. Projects creative and cost efficient use of previously submitted, but not Lottery funds, the economic and Regional 1996 Starburst Award selected as a winner, are eligible. social impact of the project, and winners receive a stipend to attend community participation. the Colorado Parks and Recre- The deadline for applications is ation Annual Conference to be May 31, 1996. Regional winners Said Lottery Director Mark held in Estes Park, Sept. 17 to 20, will be announced at.the Colorado Zamarripa, "From the way that 1996. Statewide winners also Municipal League Conference in these amenities benefit all of us, receive a hand-etched crystal Vail, June 20. Statewide winners it's clear that the money spent on plaque, created by Colorado artist will be announced at the Colorado a Lottery ticket does comes back Thomas Ames. Parks and Recreation Conference o to local communities in the way of ~ ~ , a park or an ice rink. By then, it's been multiplied many t'imes over." - - • Zamarripa was speaking to the sg~ » - ~ waY park and recreation agencies ~ increase the impact of Lottery funds by using the money to leverage grants and gifts-in-kind. ~~~t~~~~~ Residetrts celebrate at t/:e opening of Hayden I)ivide Park playground. ~ Starburst enners Applications Sought For Co-Sponsorships Category 1-(Projects costing up A first sign of the change in sea- been committed, so the Lottery to 510,000) Strasburg Metropoli- tan Parks and Recreation Dis- sons is a deluge of requests to the encourages early application. trict, Park Improvements Colorado Lottery for co-sponsor- Category 2- no winner ships of ground-breakings, dedica- Some of the 1995 sponsorships Category 3-(Projects costing tions, and volunteer work days. included the dedication of the S50, 001 to S200, 000) Citv of HeritaQe Center in Crowley Burlington, Outback Territory ` Playground Over the neYt several weeks, most County, volunteer wor~ days at Category 4 -(Projects costing decisions will be made on summer Steamboat Lake state park, and more than S200,000) Ciry of and spring Lottery sponsorships. park dedications in Arriba and Colorado Springs, Starsmore As the season gets underway, Westminster. An application is Discovery Center many of the resources wi11 have included in this newsletter o • Pi•inted on recycled paper 1 Sign Up With the Lottery- Lottery To Fund Miilions Free Signage Prograrr, Ofiferedl In GOCO Legacy Projects The Colorado Lottery offers a Six high-profile projects have received the ' free signage program to assist green light to apply for millions of dollars in lml~ Colorado Lottery funds over the next few parks and recreation agencies years. Higher than expected Lottery revenues in informing citizens how their Lottery dollars are put to work ~e credited as the source of funding for the Great 0utdoors Colorado (GOCO) Trust . There are a Redwoad in Colorado Fund variety of styles and materials to accommodate most s Legacy Project program. Through the signage needs. To order personalized signs, please new program, the GOCO Board ultimately will include signage copy and a camera-ready logo with make approximately a dozen multi-year com- your order. . mitments totaling between $2 and $10 million per project. ' As part of the program, the Selected projects will address region or state- ti Lottery also provides decals ~ ecxawrix~ t.r~„c x> wide needs, and must integrate at least two of which can be added to your 7"r . GOCO,s four funding areas: outdoor recre- ; own signs. The Lottery will ation, wildlife, open space and local govern- ~ - provide park and recreation ment. Sixty-seven concept papers have been Plaque agencies with a small stipend received by the Board since the new Legacy for placing these decals. project program was announced last fall. To receive this stipend ($50 for a small decal and $75 for a ~~TrP~Jf'~~;~;~P The projects which have approved under the large decal) send a photo of the rhIi_ PtOir:C,; Legacy Project guidelines are: . South Platte River Project, Denver - completed sign and invoice to: • I-25 Conservation Corridor, Douglas County ~ ` ~r ' ~ Metal • Colorado Riverfront Greenway, Mesa Coun ' Jud Rose ~ Community Relations Mgr. ' Historic Arkansas Riverwalk Project, Pueblo I ~ Colorado Lottery ' Y~Pa River System, Routt and Moffat I 720 S. Colorado Blvd., # 110 counties Decal Denver, Colorado 80222 ' Great Plains Reservoirs Project, Southeast Colorado = Colorado Lottery Signage Order Forrn - Please ship the following quantities of signs and decals to me: ~ 12" x 18" metal sign (not personalized) _ 18" x 24" metal sign ^ 2' x 3' redwood sign 12" x 17" silver tone/black wood plaque _ 8" x 16" decal _ 10" x 20" decal _ Camera-ready logo enclosed _ Copy for sign Contact name Contact telephone_(__) Agency Name of project Street Address (no P.O. box) City, Town Zip Code Mail tlris order form to: Judy Rose, Communiry Relations Manager, Colorado Lottery, 720 S. Colorado Blvd., Suite 110, Denver, Colorado, 80222. : _ ` lorado Co - G~~~~~~~~n Suggestion Sheet (Please Type) Date(s) of Event: Time of Event: Start Finish Deadline for Lottery Commitment: Projected Attendance: ti Event/Promotion Title: Event Location: Overall Goal for Event: Sponsoring Organizations: Description of Event/Promotion: REQUESTED FROM THE LOTTERY.• 8 tickets of tickets ) purpose 8 refreshments/catering (dollars, needed) $ 8 cash (amount) $ purpose (be specific): 8 paper products (cups: # napkins: # plates: # ) 8 premiums: t-shirts # painters caps # fanny packs # keychains # sweatshirts # baseball hats # mugs # balloons & helium # 0 newspaper advertising assistance (please attach proposed advertising schedule and cost) 8 radio advertising assistance (please attach proposed advertising schedule and cost) 8 Lotfery costume ctiaracter appearances (date and time needed): 8 other WILL COMMIT TO PROVIDE THE LOTTERY: = - 8 news releases (list publications: ) C3 media co-promotion (list radio/TV/cable station(s): ~ speaking opportunity (date and location:) ~ flyers (amount and location of distribution:) ~ recreation brochure space (name and date of publication:) ~ Lottery banner placement at event (Lottery will provide) C3 invite local legislators (list those to be invited:) El invite local Lottery retailers (list those to be invited:) ' 13 invite community leaders (list those to be invited:) (Over) . Printed on recycled paper. Has this jacility received money from Lottery proceeds funds? Ijso, when and how much? Proceeds Received From: , Conservation Trust Fund: Date: Amount Used: $ Project Specifics: • State Parks Fund/State Trails Grant: Date: Amount Used.• $ Project Specifics: Great Outdoor Colorado Trust Fund: Date: Amount Used.• $ Project Speciftcs: Capital Consh-uction Fund: Date: Amount Used: $ Project Specifics: _ Key Contact for Promotion: Title: Agency: Street Address (include city & zip) Mailing Address (if different): Office Phone: ( ) Home Phone: Fax Number: Return t1:is form to: Lottery Use Onlv: PP CRE D Judy Rose Community Relations Manager Colorado Lottery CS DD 720 South Colorado Blvd., # 110 LS TLl Denver, Colorado 80222 TL2 e Region: Category: (See reverse) ; ` Coloracio tarburst Award Entr°y Form (Please type and naait by Idqay 31, 1996 to: ,ludy l~ose, ~ Lottvry Corramunaty Ilelatiorss Manager, Colorado Lottepy, 720 South Colorado Boulevard, Sasite 110, I)enveP, C'o[orado, 80222.) Municipality, county, or special district: Contact person/title: Telephone: Mailing address: City or Town/Zip Code: Total Project Budget: Description of project (Support materials may be attached): Project Goals: _ Describe how Lottery dollars were used in the project (include the percentage of Lottery funds as com- pared to other sources, number of years funds were accumulated, and total Lottery money into the project.) Describe how volunteers participated in the project and/or how donations/gifts were used: . Describe the economic impact, if any, of project to the community: Describe the social impact, if any, to the community: IMPOR'B'ANT: ,Enc/ose wiP1Y your application a color s[ide and a black and wl:ite print of your project, . to be used for Lottery prorsfoPaonat yrtaterials. Include release forms for the atse of these photos by tlie Colorado Lottery. Starburst COlorado 1996 Award LotterY - ~ For Project Excellence The Colorado Lottery and local communities are working together to make the state a great place to live and play. While the Lottery generates proceeds for three sepazate parks and recreation funds, it is.Colorado residents who provide the vision and labor to develop the parks and recreation amenities we all enjoy. The Lottery returns money to pazks and recreation facilities through the Conservation Trust Fund (local governments), the Colorado Division of Parks and Outdoor Recreation; and the Great Outdoors Colorado Trust Fund. Each yeaz, the Lottery encourages state residents to stop and reflect on how they have elected to use their Lottery funds. With that end in mind, the Colorado Lottery is pleased to announce its fifth annual Starburst Award contest for . excellence in the use of Lottery funds for pazks and recreation projects. The winners will be chosen from specific Lottery-funded pazk and recreation projects on the basis of creativity, cost-efficiency, economic and social impact, with an emphasis on community involvement. Regional winners will be announced on Jurie 20, 1996 at the Colorado Municipal League Conference Banquet in Vail. Regional winners will receive a stipend to attend the Colorado Parks and Recreation Association Annual Conference in Estes Pazk, September 17 to 20, 1996, where the statewide winners will be announced. Statewide winners will receive a special award, a hand-etched crystal plaque, created by Colorado artist, Thomas Ames. Entry categories are determined by the total dollar cost of each project. Each pazk and recreation agency may compete in all four categories. The judging criteria are: Entry categories are: • Creative use of Lottery funds 1) Projects costing up to $10,000 • Cost efficient use of Lottery funds 2) Projects costing $10,001 to $50,000 * Economic and social impact 3) Projects costing $50,001 to $200,000 • Community.participation 4) Projects costing $200,001 and up The regions are divided as follows: Northeast Southeast IDenver Metro Northwest Southwest Boulder County Baca County I Adams County Clear Creek County Alamosa County - Elbert County Bent County Arapahoe CountyDelta County - Archuleta County . Larimer County Cheyenne County Denver County Eagle County Chaffee County Lincoln County Costilla County Douglas County Garfield County Conejos County Logan County Crowley County Jefferson County Gilpin County Dolores County Kit Carson County Custer County Grand County Gunnison County Morgan County El Paso County Jackson County Hinsdale County Phillips County . Fremont County Lake County La Plata County Sedgwick County Huerfano County Mesa County Mineral County Washington County Kiowa County Moffat County Montezuma County Weld County Las Animas County Park County Montrose County Yuma County Otero County Pitkin County Ouray County Prowers County Rio Blanco County Rio Grande County Pueblo County Routt County Saguache County Teller County Summit County San Juan County San Miguel County G REAT O UTDOORS COLORAD(J v March 7, 1996 Dear Friend: The State Board of the Great Outdoors Colorado Trust Fund (GOCO) will be acting on two proposed clarifications to its bylaws at its April 10, 1996 meeting in Colorado Springs. The Board is recommending the changes to clarify public access issues. The Board is required to give 30 days notice of proposed bylaw changes to provide an opportunity for public comment. This letter is to inform you of the proposed changes and give you such an opportunity to comment. VVa-agteaa comanents will be accepted aanta9 5:00 ]PM on Aprnll 8, 1996 ag: Great Outdoors Calorado" 303 East 17th Avenue, Suite 900 Denver, Colorado 80203 You can also fax comments to 303-863-7517 or via our E-mail address at GOCOLO@AOL.COM. lProposed Bylaw Aegeenduffeent #1 Cornpla,ints against 4he BoaraD The members of the Board are concerned about people who may have a complaint about the Board's actions or actions of staff. At present, there is no procedure for handling such complaints. The Board is recommending the adoption of a procedure to assure that people with complaints have a fair opportunity to present facts to the Board and to resolve any concerns formally or informally. Examples of complaints may be an entity claiming • they have been deprived of a property right as through the revocation of a grant or an employee of GOCO complaining of disparate treatment. If the following suggested bylaw change is adopted, that same information will be reflected in GOCO grant agreements: . Iua the eve¢a~ that auny person or entity believes that ghey hnave been nnjaare€D an any vvay Iby. acteon of the Boau-d, or uts offecers or ernployees, oe- that such person ns ghreagened wit9n u¢uyuuy by aae nmpeuednng acteon of the Boaa-d, ats offecee-s, or egreployees, such pea-soea s9nadl ffeu-st enotnfy ghe lExecaagnve Derector of the cla.imed or threatened gnjup-y, aand shalfl atteanpt an good faugh to resollve saech claeen inforrreally. dn the event that such unformal dispute - u-esollutnon -effou-ts au-e anuasanccessful, such person rxeay request a forgraaY heareng during a regan9arly scllnedlaaledl Board meetung. Such a requesg agnust be made at Yeast tventy days before a regaa?aa-?y schedanled lboau-cf Qneeteng. At such hearing, the complainang s9nal9 9nave a u-easonabfle opportuannBy to presenQ evidence coeneerniaeg the naeregs of the dispute go t8ne Boardl, ana~ the Boardl's stafff may present addgteona9 evedence. 1Proposed ByflaeFv Ame¢adment #2 Failure to obtain pubtic coatnmeant The bylaws leave it up to the Chair to "assure that there is appropriate opportunity for public comment during meetings of the Board" on the general policies of the Board and upon specific grant,proposals before the Board. Current bylaws may not make it clear that there will routinely be occasions where limiting public comment at meetings to allow the Board to proceed with its business will b'e necessary. The Board is recommending adoption of the following changes to Article III (A)(1) of the bylaws to address this issue (changes in b09d): Artncle XXVff I, S¢etion 6(2) of ghe Cofloa-ado Coaustetugion provudes that the raa9es and regaalataons of the Boau-d "s6aal6 give ghe pulblic an oppoataangty to coanmerat on the generall polusees of the Board aund upon spesefic g'raa?t proposal beffore the Board." Article XXVII, Section 6(3) provides that "[t]he Board shall adopt rules permitting public access to its meetings and records which are no less restrictive than state laws applicable to state agencies, as such laws may be amended from time to time." The Board finds that these provisions of the Constitution require that its meetings be at least as open to the public as are meetings of state public bodies subject to the Open Meetings Law and ghat aneraybers of the public be givean reasonable opportunety to somuuaent, u¢u wa-iteng and oral?y at aaaeet6aags of the Board, on its genera9 poflacaes and specufie grae~~ proposals. The Board fiaeds ghat an ianportant purpose of thes pe-ovasion as go assanr¢ tllnat the Board wel? continue go receive the benef t of a variety of pOHHIltS of vIle94' ?YD lltS deQHbe?'a$HOI9S. dn no event, however, will. the lack of comment fa-oaxa the publec affff¢ct tQne vaDadutty of any aegnon taken by the Bmard." Page 2 If you have any questions regarding these bylaw changes, please contact Chris Leding at 303-863-7522. Again, the deadline for written comment is April 8, 1996. Sincerely, Will Shafroth Executive Director ~ , , Great Outdoors Colorado 303 East 17th Avenue, Suite 900 nnfi-r10s Denver, Colorado 80203 ~ ._:Gp -Y~=.~ . f ~ ? 503740i i;.S i ,^,1S9MGE * 606 ARMOUR • " VATL MAYOR 75 S FROCJ7AGE RD VATI_ CO 81657-0000