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2004-05-04 Support Documentation Town Council Evening Session
`,. EVENING MEETING 6:00 P.M. TUESDAY, MAY 4, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOPIC: Citizen Participation (5 min.) 2. Greg Hall ITEM/TOPIC: Village Streetscape Update (5 min.) 3• ITEM/TOPIC: Consent Agenda, approval of April 6, 15, 20 minutes. (5 min.) 4• ITEM/TOPIC: Update on Vail Conference Center and a request to move forward with negotiations to hire an owner's representative for the conference center (30 min.) ACTION REQUESTED OF COUNCIL: Receive an update on the conference center and to authorize the Town Manager to negotiate and execute a contract for owner's representative services for the conference center based on the Conference Center Advisory Committee's recommendation. BACKGROUND RATIONALE: The Town Council on April 20th authorized a series of next steps which included interviewing owner's representative firms for the conference center. On April 29th, the committee met to interview five owner's representative firms. The Town Council has been forwarded the five proposals for your consideration. The committee anticipates making a recommendation to the Vail Town Council at the May 4th Town Council meeting. If a recommendation has not yet been formulated by May 4th, then the committee anticipates giving Council a brief update on progress and next steps. Staff would propose that any contract include a termination clause so that the Town could terminate services at its discretion. 5. Stan Zemler ITEM/TOPIC: Formation of Capital Committee (5 min.) 6. Greg Hall ITEM/TOPIC: I-70 Central Mountain Transportation Corridor Coalition (15 min.) Attached is an intergovernmental agreement whose primary purpose is to form an, informal, non-statutory coalition of governments along the I-70 interstate central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current plan for future transportation improvement. Town staff recommends approval of this IGA. Involvement in this coalition is appropriate, as its focus coincides with the Town's established goals and long-term solutions for I-70 and noise mitigation. No initial dues are required. Any project funding would be paid for out of noise mitigation funds. 7. John Gulick ITEM/TOPIC: Wildfire Preparedness (15 min.} Weather forecasters are predicting a summer similar to the 2002 fire season, with hot & windy days and little precipitation. Fortunately, fires in our local area have been small, but larger fires have burned within sixty miles, near Glenwood Springs. A short slide show on wild land fire mitigation projects in Vail and county- wide fire suppression efforts will be shown. 8. Bill Carlson ITEM/TOPIC: Update on TOV West Nile Public Information Program (5 min.) 9. Greg Hall ITEM/TOPIC: Proposed utility easement along I-70 earthen berm in East Vail, discussion on proposed utility easement for water lines relocation to complete the earthen berm along the north side of I-70 in the Bald Mountain Rd vicinity 10. Matt Mire ITEM/TOPIC: Resolution No. 16; a Resolution approving Gre Hall-- - - -the P-3 Develo ment A reement the-"A reement" 9 p 9 ( g )-- ------- -- between the Town of Vail (the "Town") and Vail Associates Holdings, Ltd., a Colorado Corporation ("Vail Holdings"), which agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P-3, Vail Village Fifth Filing, and an adjacent vacated portion of Hanson Ranch Road right-of- way; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 16, Series of 2004. BACKGROUND RATIONALE: On August 11, 2003, the Town of Vail Planning and Environmental Commission ("PEC") conditionally approved a development review application to allow for the construction and operation of a "private off-street vehicle parking structure" and a "public park" on Lots P•3 & J, Block 5A, Vail Village Fifth Filing. Among other conditions, the PEC required that the applicant, Vail Resorts Development Company, submit a development agreement that outlines the obligations, responsibilities and commitments of the Town of Vail ("Town") and the Developer ("Vail Holdings Ltd") regarding the development of the site, for review and approval by the Town Council, prior to the issuance of a building permit for the approved improvements. The P-3 Development Agreement is proposed to address the adopted condition of approval. 11. George Ruther ITEM/TOPIC: 2"d reading of Ordinance No. 11, Series of 2004, an Matt Mire ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing"; and setting forth details in regard thereto (30 min.) BACKGROUND RATIONALE: Pursuant to the Vail Town Charter, the Vail Town Council shall only transfer or convey interest in real property held by the Town of Vail via the adoption of an ordinance approving the conveyance. The purpose of Ordinance No. 11, Series of 2004, is to comply with the applicable provisions of the Vail Town Charter in the vacating of a certain subterranean portion of Town-owned public right-of-way. Through the adoption of Ordinance No.11 and the recording of the accompanying exhibit to the ordinance, the Vail Town Council will vacate a portion of subterranean right-of-way to allow for the construction of a new underground private parking structure beneath Hanson Ranch Road. 12. Adjournment (9:40 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, MAY 18, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MAY 18, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 6, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 6:00 p.m. by Mayor Rod Slifer. Council members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Kim Ruotolo Kent Logan Diana Donovan Farrow Hitt Greg Moffet Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Bob Fritch, owner/operator of the Sitzmark Lodge, stated he was distressed and disappointed with the Council and felt they'd let him, and other core business operators down, by allowing another big concert, Blues Traveler, to perform a free concert at Checkpoint Charlie this coming weekend. He said just last Wednesday night at StreetBeat, patrons of the concert would not clear retail shop doorways and when forced to move, spit on display windows. Next, Michael Cacioppo, publisher of SpeakOut, stated he had some comments to make about the upcoming speech and agenda of Elizabeth Hoffman, President of the University of Colorado. He stated government schools should not be looking for ways to circumvent the TABOR (Taxpayers Bill of Rights) Amendment. Through good management, money is saved for rainy days. Further, he stated, because Colorado has TABOR in place, it's much better off than most other states. Cacioppo suggested the registered Democrats and liberals in Boulder should stop trying to skirt the law and respect the effort that he and others have put forth to help strengthen the state's financial position. Kaye Ferry, representing the Vail Chamber and Business Association, and backed up by the President of the VCBA, Steve Rosenthal, requested Council re-visit its decision on the Vail Farmers' Market being operational on July 4th, stating that improper notice had been given for this decision. Councilman Kent Logan replied Council had made the best decision based on the information at hand. Following a spontaneous Executive Session with the motion made by Greg Moffet, with a second by Farrow Hitt, which passed unanimously, 7-0, Kent Logan moved, with a second from Kim Ruotolo, to revisit this item at the April 20 evening meeting. A vote was taken and the motion passed unanimously, 7-0. The last citizen participation item came from former Councilman Bill Jewitt, who on behalf of an attendee who had to excuse himself early, was asking when GRFA (Gross Residential Floor Area) would be revisited and was told the item was scheduled for April 20. The second item on the agenda was an Update of the Economic Development Efforts and Financial Challenges Facing Colorado Public Higher Education. In providing an update to the Town Council, Dr. Betsy Hoffman, President of the University of Colorado, first clarified that CU funding is not in danger, since the university has the option of becoming an "enterprise zone" under TABOR (Taxpayers Bill of Rights). Instead, she said, it will be the community colleges that will struggle with funding due to TABOR implications. She went on to state CU's tuition is among the lowest in the country. She encouraged those in attendance to review and ultimately support House Bill 189 to protect state institutions. Honoring a request from Council during the afternoon work session, Public Works Director Greg Hall gave an overview of the Village Streetscape project, due to start construction on April 19. Hall summarized communication efforts with merchants and affected parties ranging from weekly meetings at the Christiania to distribution of weekly pedestrian maps, and the use of community hosts, flaggers, bus drivers, and concierges to distribute information. It was noted that this agenda item would be a regular update through the close of the first phase of construction which runs from April 19 to June 25. The third item was the Consent Agenda, including the minutes from the March 2 and March 16 meetings. Greg Moffet amended his motion, and Kim Ruotolo amended her second, to approve the minutes as corrected by Diana Donovan. A vote was taken and the motion passed unanimously, 7-0. The fourth item on the agenda was a request for approval of the final design for the Pirateship Park. Following a more expansive work session discussion earlier in the day, Greg Moffet moved, with a second from Kent Logan, to approve the design for Pirateship Park that will include no lighting, will be limited to two tot swings, and through the construction will attempt to minimize site disturbance. At the request of Council, both members agreed to amend their motion and second to also include, in alignment with the Village Streetscape project, that no construction will occur in July and August, only the spring and fall. A vote was taken and the motion passed unanimously, 7-0. The fifth item on the agenda was a request to proceed through the development review process with a proposal to construct private improvements on town property as part of Manor Vail's proposed redevelopment. Greg Moffet moved, with a second from Rod Slifer, to authorize the Town Manager to sign the application. A vote was taken and the motion passed 5-2, with Dick Cleveland and Diana Donovan in opposition. As an introduction to the discussion, Town Attorney Matt Mire explained that Council's role was not to review the full application, but merely to inform the applicant whether it was a worthwhile endeavor to continue through the process since the Town of Vail, as the property owner, must sign the application. Chuck Madison of East West Partners, representing the applicant, Manor Vail, outlined the scope of the proposed Manor Vail redevelopment project, which includes exterior improvements, adding new roof lines and new deck rails, replacing surface parking with an underground structure, and providing a garden area. When questioned about the public improvements to be gained by the proposal, Madison offered a list of benefits to include the following: pedestrian access to Ford Park would be a more direct route; public access to Mill Creek would be upgraded; landscaping around the tennis courts would be added; loading and delivery would be moved to the rear ofi the facility out of the public eye; direct access from Ford Park back to Manor Vail would be provided; tennis courts would be resurfaced; vehicular access from both entrances would be improved to diminish stacking on Vail Valley Drive--all resulting in an increase in lodging occupancy, thus increasing sales tax. Councilman Dick Cleveland questioned why landscaping around the tennis courts was necessary and how it would benefit the public. He also asked why Manor Vail should be allowed to stage off-site when all other construction projects must fulfill that obligation on-site. He also stated cantilevering over the stream tract provided no public benefit and the route through Manor Vail and over the Manor Vail Bridge into Ford Park already seemed very direct. Prior to the vote, Councilmember Diana Donovan also raised concerns, questioning the tennis court staging area use, the private footpath through the stream tract and proposed closure of Chalet Road. Following the vote, the Council. urged the applicant to return to an upcoming work session for an update. The sixth item on the agenda was an appeal of the March 8, 2004, Planning and Environmental Commission approval of a request for a variance from Chapter 14.6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. The variance request is associated with Vail Resorts Development's snowcat access relocation proposal. At the applicant's request, Community Development Director Russell Forrest asked Council to table the appeal to enable the parties to gather additional information. Greg Moffet moved to continue this item to April 20, with a second from Dick Cleveland. A vote was taken and the motion passed unanimously, 7-0. The seventh item on the agenda was an update on the Vail Conference Center and a request to issue an RFP (request for proposal) for an owner's representative. Greg Moffet moved, with a second from Kent Logan, to issue an RFP for an owner's . representative. Avote was taken and the motion passed 6-1, Diana Donovan opposed. Community Development Director Russell Forrest discussed financing options and the need to insulate the town's financial position and revenue stream. Councilman Kent Logan stated presentations by four investment bankers had been reviewed and the Conference Center Committee was moving forward, with the near prospect of having the proposal hammered out soon. Councilmember Diana Donovan expressed concerns about the ability of Tax Increment Financing (TIF) to pay the bills and the continuing subsidy from the town needed to offset losses. She also urged not rushing forward without further public discussion and closing the door on other important amenities that could be built on the charter bus lot. Mayor Rod Slifer confirmed the LionsHead parking structure is structurally sound to support another layer of parking/conference center and the total size of the facility is recommended to be 45,000. sq. ft. Proposed next steps, to include a recommendation to Council on financing the project, interviews with owners responding to the RFP on April 20, and hiring the owner's representative by the first or second meeting in May, were also discussed. The eighth item was first reading of Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Marketing Fund for the 2004 Budget for the Town of Vail, Colorado; and authorizing expenditures of said appropriations. Greg Moffet moved, with a second from Kim Ruotolo, to approve first reading of Ordinance 7. A vote was taken and the motion passed, 6-1, Dick Cleveland opposed. Dick Ceveland read the title in full. Judy Camp, Finance Director, explained that most of the items on the list were roll-forwards from projects budgeted in 2003, but not completed. Also, it was noted that an appropriation for $325,000 for the East Vail repeater site was now included, based on Eagle County's decision not to fund the project. When questioned by Council on the possibility of raising dispatch per-call fees, Police Chief Dwight Henninger responded the majority of the dispatch system was originally funded by the county, possibly at a level of $10 million. Councilmember Diana Donovan inquired about a line item for traffic enforcement on the interstate, which requires the hiring of an additional patrol officer, to which Henninger responded the State Patrol has denied the town's request to provide increased enforcement and the additional expenditure would be used to direct 21 hours of patrol time a week toward I-70 enforcement. Public Works Director Greg Hall indicated a study and pilot program for noise mitigation had already been authorized by Council in conjunction with the Motor Carriers Association and was underway. Henninger concluded that the additional officer hours would be spread amongst the rest of the police staff and would bolster a more positive and friendlier response to the, public. Donovan also inquired about line items for wayfinding, laptops and smoke mitigation at Dobsori Arena. In explaining his vote, Cleveland stated that at a time the town is cutting positions, it seemed counterintuitive to add a position to the .Police Department. It was requested that funding for the police position be adjusted via a transfer from the Capital Projects Fund to the General Fund. Kent Logan requested there be a full budget adjustment prior to the second reading. Staff was also asked to review all line items to make certain the requests are accurate and still needed. The ninth item on the agenda was first reading of Ordinance No. 11, Series of 2004, an ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado; i.e., a subterranean portion of Hanson Ranch Road continuous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing." Councilman Dick Cleveland read the title in full. Cleveland then moved to approve Ordinance 7 on first reading, with a second from Greg Moffet, as read. A vote was taken and the motion passed unanimously, 7-0. The tenth item on the agenda was second reading of Ordinance 8, Series of 2004, an ordinance amending Title 6, Chapter 3, "GENERAL OFFENSES," of the municipal Code of the -Town of Vail; providing for the addition of "Article I. Violation of Restraining Order." Councilman Dick Cleveland read the title and Greg Moffet moved to approve Ordinance 8 on second reading as read, with a second from Diana Donovan. The motion passed unanimously, 7-0. The eleventh item on the agenda was second reading of Ordinance 9, Series of 2004, an ordinance amending Title 6, Chapter 3, Article A, of the Municipal Code of the Town of Vail, Colorado; providing for certain amendments to the. Town of Vail Police Regulations relating to offenses by or against public officers and government. Dick Cleveland read the title and was followed by a motion by Greg Moffet to approve this ordinance on second reading as read, with a second from Diana Donovan. The motion passed unanimously, 7-0. The twelfth item on the agenda was a proclamation designating April 11, 2004, through April 17, 2004, to be National Public Safety Telecommunications Week. Greg Moffet read the title in full and then moved to approve the proclamation as read, with a second from Farrow Hitt. The motion passed unanimously, 7-0. The thirteenth item on the agenda included appointments to two town boards. Greg Moffet moved and Kim Ruotolo seconded to appoint Diana Mathias to a one year unexpired term to the Design Review Board. The council approved the motion 7-0. Dick Cleveland made a motion to appoint Millie Aldrich to a one-year unexpired term to the Art in Public Places Board. The motion was second by Greg Moffet and approved unanimously, 7-0. With no further questions under the Town Manager's Report (Item 14), the meeting was adjourned at 9 p.m. Respectfully submitted, Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Y VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 15, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 6:00 p.m. by Mayor Rod Slifer. Council members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Kent Logan Diana Donovan Farrow Hitt Greg Moffet Not present: Kim Ruotolo Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Allen Christenson, Attorney on Record All members of Council were present with the exception of Kim Ruotolo. In lieu of the Council Chambers, the meeting was held in the Community Development Large Conference Room. In Matt Mire's absence, the town attorney's position was substituted by Allen Christensen. Other staff present: Town Manager Stan Zemler and Assistant Town Manager Pam Brandmeyer. A special meeting of the Vail Town Council was called to discuss the Farmer's Market special event, as well as the venue for this event on Sunday, July 4th. A second discussion re: funding for the Fourth of July was also slated. Stan Zemler updated the Council on how we got to this special meeting, noting the producer of the event, Rick Scalpello, would have been out of town on May 4th so was unable to attend that scheduled evening meeting in regard to the first item plus many business owners would be leaving for vacation upon the closure of the mountain; and as well, the Commission on Special Events (CSE) would be meeting before Council's regularly scheduled meeting on April 20th so if further direction from Council was forthcoming, it should be clear prior to their meeting. Additionally, the question of proper notice of Council's March 16th decision had arisen because the item originally had appeared under the broad heading of the Town Manager's~Report. item #1. Discussion of the 4th of July Farmer's Market. Zemler stated the staff recommendation had'not wavered from the March 16th meeting. Staff continued to recommend: 1) The 14 consecutive Sunday Farmer's Markets be re-located, due to construction along East Meadow Drive, to the Willow Bridge location; and 2) The Sunday, July 4th Farmer's Market, be disallowed. The staff recommendation was based on public safety issues revolving around re-routing the buses and emergency access through a highly congested area, as well as the.inability to transport guests to the front door of the Village, the Covered Bridge. Rick Scalpello then discussed the merits of the event, stating 50,000 visitors attended. the event, next in attendance only to Bravo; the event brought many attendees from down valley; the event now supports 58 vendors, half of whom are Vail local businesses, and which local businesses provide all food items; and includes 5non-profits, entertainment, and a community corner. The event runs from June 20 through September 19, the final Oktoberfest weekend. In re: to the July 4th event, Scalpello noted people would be more likely to stay in town and attend the concert. Rod Slifer asked for comments from the meeting attendees. Gigi Hoffman, owner of Laughing Monkey, asked the total sales tax receipts for the 14 week event, to which Scalpello replied $6,700. However, Scalpello stated, this in no way reflected the additional sales tax collected by local businesses participating in the event, since they would include this with their overall monthly store collections, and further, did not reflect cumulative business by the rest of the East Meadow Drive and Village businesses because of the increased crowds. Steve Wright, Vail police commander, and John Gulick, Vail Fire Chief, were then asked to comment on their safety concerns. Wright stated egress for emergency calls for service through a crowd of unmanageable size called for concern; while Gulick said he could speak for the ambulance district, as well, since fire and ambi. run simultaneously. Their concerns center around the increased response times due to alternate routes they must take. When asked the exact venue location, Scalpello replied the vendors would be set up from just west of the Mountain Haus gate to Pazzo's on the West end. Dick Cleveland asked what had changed since the days of the Coors Classic, to which the staff response was call load and number of visitors had increased dramatically. A quick clarification of the parade route was confirmed to be the historic route, this year east to west from Golden Peak to LionsHead, and assuming Hanson Ranch Road construction would accommodate it. Luc Meyer'of the Left Bank then re-stated the local sales tax would show up lumped together with regular restaurant sales. But more importantly, he was participating to do something for his community. He stated people would be willing to spend a little more time in the village, a good thing. A transplanted local now living down valley stated the Fourth has always been a special holiday in Vail and she brings her family into town for the event, but without further reason to stay around and linger, in the past she's simply packed. up after the parade and headed back down valley. Slifer then asked if anyone in the crowd was opposed, to which George Knox, Moose's Caboose, replied that he was. In a summer where the Village will already be under construction, on a day when the town is packed all day long, the market would add too much confusion. He further stated he pays an incredible amount of rent and it was not right taking business away on that important day. As well, he stated the event should not block the entrance to the village and should be re-located to Willow Bridge Road. Joe Joyce, Joe's Deli, said Willow Bridge was a much better location, that vendors were in direct competition with him, and it was unfair to allow this event to cherry pick a day like the Fourth. Further, the businesses already here and paying high rents all year around should not have to compete. Gigi Hoffman agreed w/Joyce and Knox and presented the theory most folks when on vacation go with a certain allotted amount of money to spend so once it was spent at the market, would leave little to none for Village shopping. Johnathan Staufer, To Catch A Cook, offered an example of the Disney corporation that continues to expand its retail experience, to which others replied Disney owns all of it anyway so is not competing with itself. Anew owner of Verbatim Books stated as a long time visitor to Vail whose children were always complaining there was nothing to do, this event lends additional diversity and opportunity. Dan Telleen, Karats, said it brings vitality to the 80 businesses along East Meadow Drive, it has changed Sunday into a good sales day and the exposure on the Fourth is very much wanted. Bill Hanlon, Wild Bill's, said it was a wonderful thing and pointed to the attendance of 3 families living in his building who considered this a social event which lent a sense of community. Sybill Navas, CSE, restated that the staff position was in no way a recommendation against the event, and in fact, the staff was very supportive. Leonard Sandoval, Vail construction inspector, when asked stated the Swiss Haus construction was a go, while the Sonnenalp was still under discussion. Scalpello stated the creators of the event wanted to keep their event and as the event producer felt it would not fit on Willow Bridge Road. Nicole Hoffman-Ewing, General Store and Rucksack, asked why the buses could not stop on the top level of the parking structure, to which Greg Hall, Public Works Director, replied the large low-floor buses, required to carry the number of passengers on the Fourth, would drag on the underside coming onto the parking deck. Ian Anderson, CSE, stated the CSE supported the event and location in order to keep people in town. Luc Meyer, in supporting what's good for all of us as a community, stated the Blue's Traveler concert the preceding weekend, had left him with the worst numbers for that date in 33 years; however, everyone must realize that not every event can benefit every business. Kent Logan then moved, with a second. from Moffet, to reaffirm Council's previous decision to allow the event on East Meadow Drive to the north of the Austria Haus, to allow the Farmer's Market on the Fourth, but to relocate the event to its original location should any construction scheduling change. Farrow Hitt acknowledged we need to continue building our business while Diana Donovan noted the concert is now a ticketed event so people would be turned away. Cleveland stated the Council had heard the staffs concerns about safety but was confident they would handle the situation professionally and aptly. Although Slifer said it would not be as convenient or quick in life safety emergencies, he said he would now vote in favor of the motion. A vote was taken and the motion passed unanimously, 6-0. Item #2. Commission on Special Events (CSE) Funding for this Year's Vail America Days (July 4th). Zemler stated the event was $25,000 short of funding and that he had listed four suggestions in the expanded agenda for Council consideration to make up that shortfall, one of which was to list the event as "culturally designated" so it could be reviewed by Council, rather than the CSE. Sybill Navas stated at the time Eagle Valley Events made its proposal, Laurie Asmussen had not understood the inclusion of the Washington High School Prep Band would be required. In defense of the CSE decision to fund at 50% of the request, or $25,000, the e CSE had not yet heard of Council's concerns. It was confirmed the previous. year's budget under the orchestration of the Vail Valley Chamber and Tourim~Bureau (WCTB) was $50,000. When asked whether the producer could put on the event for $25,000, Asmussen had replied yes, but that it would be a much different and a lesser quality version. Logan asked how the CSE could assume the event could be put on for half of what had been spent the previous year, to which Navas replied that the it was assumed the producer would also be soliciting sponsorships. Rosenthal noted that originally Eagle Valley Events had applied for 3 events, and upon receiving just the one, dollars that might have been transferred from the other two events, were no longer available. Brandmeyer went on to note that when the WCTB was contracted for special events in the past, up to 40% of budget was subsidized by that organization. Hitt stated the parade and the day long event was a huge event and needed to continue. Moffet moved, with a second from Logan, to recommend the CSE fund an additional $15,000, and that the producer of the event be assured that at their out-of-cycle funding request meeting June 1, the Council would consider a request for an additional $10,000, although the producer was also requested to continue pursuing sponsorship opportunities to fill this void. Bill Hanlon then explained that the Howard Stone Foundation put approximately $40,000 toward bringing the inner city East Los Angeles Washington High School Prep Band to Vail forthe Fourth and the expense incurred came from bus transportation, insurance and meals for the 110 participants. Lodging has been supplied via the gymnasium at the Vail Mountain School. When asked, Rosenthal replied the CSE had $15,800 remaining in their contingency budget. He thought by transferring some dollars from street entertainment back into contingency, the CSE could preserve some dollars for unforeseen expenses or events. He also urged Council to solicit other valley communities for monetary support for the group. Hitt suggested the Council reach into its own pocket for $5,000 since he wanted to see street entertainment at its current funded level. It was agreed that if more sponsorship dollars were raised, that money could also go back to the CSE. Ian Anderson stated the reason the event was always at a deficit in the past was due to the inability even for the WCTB to generate sponsorships. Cleveland said the Council was always too quick to reaich into its own pockets. Ferry supported moving the Fourth into the "culturally designated" list and to move the $50,000, as well, from the CSE back to Council. Logan asked whether other events were as jeopardized as the Fourth, to which it was responded they were not. A vote was taken and the motion passed unanimously, 6-0. As a quick update, Zemler asked the fire chief, John Gulick, to comment on the proposed Booth Falls controlled burn, to which Gulick explained this was a window of opportunity and the burn would not proceed unless all conditions were met. Unit #6, comprising 22 acres primarily owned by the Town of Vail, would provide very little risk to the community and would occur strictly according to the fire prescription. A number of fire agencies from throughout the county would be taking part and this would provide good hands-on practical application should another high fire risk summer occur. Donovan stated, as an aside, it was important to get fun floats such as a motorcycle pulling a skier, into the Fourth of July parade, while Cleveland said this should become more of a grassroots affair. Hitt moved, with a second from Moffet, to adjourn and the motion passed unanimously, 6-0. The meeting ended at 5:40 P.M. Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Minutes taken by Pam Brandmeyer ;;,~ VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 20, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order by Mayor Rod Slifer at approximately 6:05 p.m. on Tuesday, April 20, 2004. Councilmembers present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-tem Diana Donovan Farrow Hitt Greg Moffet Kim Ruotolo Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Michelle Hall, a candidate for the Vail Recreation District (VRD), approached the podium to introduce herself and talk about her interest in running for that board. She was followed by Rick Sackbauer, Eagle River Water and Sanitation District (ERW&SD) Chair and Boardmember, who discussed the proposition questions that would be posed to Vail voters at the May 4th special district election. He encouraged Vail voters to call their customer service line directly at 476-7480 with their individual property assessment available so a representative could calculate the individual cost of the ballot question to each. Next, Scott Proper announced he, too, was running for one of two seats on the VRD. The second item on the agenda was Village Steetscape. At this point, all members of the Vail Town Council donned construction hard hats representative of the streetscape kick-off the day before. Scott Bluhm, the streetscape coordinator, said as of April 26, the Covered Bridge entrance into the Village would be closed for construction until May 12, during which time, courtesy golf carts, on loan from the Vail Valley Foundation, would be chauffering guests more easily into the Village. He also welcomed business owners, residents and the public to attend the weekly Thursday 9:00 A.M. meeting at the Christiania to gain further detail about the progress of the project. The third item on the agenda was The President's Volunteer Service Award. The President's Volunteer Service Award, which is a recognition program for those who contribute a significant amount of time to volunteers, was presented to: Jeff Bey, Kyle Cureau, Frank D'Alessio, Michelle Hall, Werner Kaplan, Gilda Kaplan, Dave Luke, Jane Schmoll, Mabel Selak, Dick White, and Charlene Zent. Dwight Henninger, Police Chief, pointed out these volunteers had contributed over 3,000 hours of service, at a cost savings to the town of $55,000. Additionally, programs such as the ski and snowboard registration, under their oversight, has resulted this year in a 50% reduction in thefts. For more information, contact Dwight Henninger 479-2218. The fourth item on the agenda was The Mauri Nottingham Environmental Quality Award Mauri Nottingham, the individual credited with starting the recycling program in the town, gave a brief overview of the program, stating the award was not his award but just used his name, which he'd reluctantly agreed to allow. Recycling started on a very small ~.; basis at Safeway in 1989, with the town contributing dollars up until 1996 when BFI took the program over. The award currently is promoted by the Eagle Valley Alliance for Sustainability and the Town of Vail. The first award in the Business Organization Category was presented to the Eagle Valley Library District for their efforts toward environmental education, waste reduction and recycling. The second award from the Individual Category was presented to Tom Page for his work with the Eagle Valley Land Trust and the Eagle River Watershed Council in securing a conservation easement, the first one purchased in Eagle County, for Taylor Hill. --Update on the Vail Conference Center. The fifth item on the agenda was Update on the Vail Conference Center and a request to move forward with recommended next steps for the center. Rod Slifer introduced the item commending all the effort that has gone into the project by the Conference Center Oversight Committee. Dave Pease, General Manager (GM) for the Marriott and a GM for Marriot hotels for the past 32 years, responded to a question as to why or if the larger hotels would support such a facility. He said his hotel, along with the Vail Cascade Hotel and Spa, and as the two largest food caterers, would unequivocally support the conference facility because as we're successful with the conference center, that success would expand everyone else's markets. More rooms, currently unfilled in smaller lodges and hotels, would fill and we would be able to capture markets that we're currently turning away because we cannot provide adequate space for activities. Pease finished with a statement that as businesses become more successful, so does the town, and then thanked the town for its support. Merv Lapin, another member of the Oversight Committee, then addressed the Council regarding how to finance the facility, which approach the committee was considering taking, and which investment banker would provide the best service. He said it should not be considered a slam dunk and reiterated the operations would assuredly lose money but through use of the appropriate financial structure and timeframe, no Town of Vail revenue would be threatened. The facility will stand alone, although it will be a delicate balance. Working through the cash flow continues to be a delicate balance and there are still negotiations to be completed. And with the current feasibility of placing it on top of the LionsHead Parking Structure, yet another glitch has been placed into the formula. In regard to the investment bankers, Lapin stated the town would be working toward negotiating the best performance and coverage ratio relying on the HVS spreadsheets and would move toward issuing bonds prior to the '04 general election. The proforma they're developing will include the operational deficits, as well as the underwriting assumptions. Regarding the revenue bonds, Lapin concluded the town would not lend its full faith and credit and he expressed no doubt about the. HVS assumptions. Slifer stated the two sources of lodging tax and increased sales tax dedicated to the conference center are currently generating approximately $3.3M annually so the financing assumption assumes no more than $2.7M will go toward principal and interest with the rest going toward paying off the operational deficits. Greg Moffet noted as collections continue, the fund balance will grow plus any interest or investments could add to the bottom line. Jay Rocha, GM for the Vail Cascade Hotel and Spa, stated he and his company believed in the project 110% and that his bookings have been outgrowing his facility, he wished to partner into the future, and to grow the off season through that partnership. Moffet moved, with a second from Dick Cleveland, to: 1) Authorize the committee to negotiate with both Kirkpatrick Pettis and Piper Jaffray on fees, insurance, and coverage ratios and to authorize the Town Manager to bring back a recommended contract to the Town Council for their consideration; 2) Evaluate further the financial implications of placing the conference center on the LionsHead Parking Structure, such evaluation to cost no more i~ than $750 and which funding will come from the Conference Center fund balance; 3) Bring back to Council on either May 4 or 18 a recommendation for hiring an owner's representative; 4) Develop a strategy for engaging a design team in May; and 5) Develop an RFQ for a Design Team and request the Town Council issue an RFQ for design on May 18 or June 1. Diana Donovan stated she would not vote for the motion because she has the same concerns as earlier stated, that these hurried steps were merely a ploy to beat the interest rates, and that the town could not afford to have even one project go south. Michael Cacioppo, local editor and owner of Speak Out, asked the Council if there was any way they could lose and finally stated the cost of operations and/or loss of sales and lodging taxes were not all that risky: Russ Forrest, Community Development Director, said the bond insurance policy purchased would ensure a Triple A rating and a surety bond could be used to guarantee one year of debt service payment. Also factored in regarding diminishing sales and lodging taxes were a very conservative '04 and '05 and with these taxes rising slightly by '06. A vote was taken and the motion passed 5-1, Donovan opposed. The sixth item.on the agenda was --Approval of Vail Village Streetscape hand rails and guard rails.Cleveland moved, with a second from Moffet, to table the item to the evening meeting on May 4. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was an Appeal of the March 3, 2004, Design Review Board (DRB) Decision. The DRB's approval with conditions of a proposal to build a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon, by the owner of Lot 24B, Glen Lyon, Barry Cunningham. Cunningham was represented by Attorney Art Abplanalp. Cunningham stated three major objections to the project: 1) the size, which he stated was a 25% increase and the ugliness and unsightliness of the covered parking but open garage; 2) the project would take out all but one pine tree when the pine and aspen~grove could provide a natural buffer and a 30 foot, as opposed to the current 23 foot, setback, would save the entire stand of trees; and 3) the circular , driveway, and thus retaining walls, would take out additional trees. Abplanalp questioned whether the DRB had seen the map by Mauriello and argued this new information could have persuaded the DRB otherwise. He further stated that should the Council redefine GRFA, the open covered parking would then immediately be modified to interior space adding yet another 1200 SF to the residence, thus creating a 6,300 SF home. Also, the geologic study was not complete until March 25, following the review by DRB, and should the DRB have seen this document as well, they would have rejected the project and sent it back for redesign. Matt Mire, Town Attorney, reminded Council and the applicant that DRB does not review GRFA, although Abplanalp argued this assumption. Matt Gennett, Town Planner, stated the DRB had approved the floor plans as drawn, including elevations and the parking plan. George Ruher, Head of Planning, stated an appeal of the staff interpretation on GRFA should be heard by the PEC. Michael Lauterbach, contractor for the project, asked whether Dominic Mauriello was a surveyor or a planner, and then went on to say the house would have been moved up higher on the lot if it were not for the slope which would then be close to 60%. Rather than a concern on making maximum profit from the project, Lauterbach said the risk the entire structure would slide down the hillside was the primary concern. A certified arborist had offered an opinion that if the trees were not removed, based on the wind patterns, the trees could possibly be felled into the Cunningham home. Cleveland stated the residence was completely within the setback, the trees had been pointed out to the DRB twice, this appeared to be a use by right, and the project had gone through the process. If the candidate wanted to go back to PEC to review the GRFA issue, he would encourage it. Donovan stated she had issues with materials being presented after the actual DRB review, e.g., geologic study. A motion was made by Moffet, with a second from Cleveland, to uphold the DRB's approval with conditions of the design review application for the Purchase residence,. located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision, in accordance with Sub-Section 12-3-3C.5, Vail Town Code,. and the following finding: "That the DRB dililgently followed the appropriate regulations and procedures for a design review application in the case of the proposed Purchase Residence and their findings of fact support conclusions that the standards and conditions imposed by the requirements of the Title 12, Zoning Regulations, have beeen met as presented in each of staffs responses to the appellant's stated issues, as listed in Section V, pages 2-5 of this memorandum, dated April 20, 2004, to the Vail Town Council. Gennett stated still due was a full geo-tech soils study, while Farrow Hitt suggested the privacy issue could be resolved through landscaping. Cleveland reiterated his past concern that too many approvals from the town's boards are including too many conditions. A vote was taken and motion passed 5-1, Donovan opposed. For more information, call Matt Gennett at 479-2140. The eighth item on the agenda was an Appeal of the March 8, 2004, Planning and Environmental Commission (PEC) Decision. The PEC's approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen lyon Subdivision and Unplatted Parcels. This variance request was associated with Vail Resorts Development's snowcat access relocation proposal. George Ruher stated there was no DRB approval yet and the issues at hand were reducing the height of the wall and screening it. Tom Braun, planner for the applicant, stated the water district had limited opportunities regarding techniques used and that terraces would cause further impact horizontally. The landscape plan would include Blue Spruce, Douglas Spruce and Lodgepole Pine on the down hill side to further mask the retaining wall. Donovan asked the applicant to start the wall further to the east by the concrete wall of the pumphouse, and to build the bridge straight, in order to save a stand of trees. Gary Brooks, with Alpine Engineering, said their team had worked toward minimum grading impacts. Slifer suggested no Lodgepole be included in the mix due to pine beetle but was told newer trees were more resilient. Cleveland stated concerns about the west wall from Vail Pass to Copper Mountain and what a huge intrusion it was, so even if the project is vegetated, in the winter the contrast becomes most noticeable, and also stated, he would be surprised if DRB would approve it. Hitt asked about all the leaching through the current retaining walls, observing the white would look terrible. He also did not like having four bridges within 100 yards of each other, and that the visual impact on an area previously seen as open space would leave a negative impact. Jim Lamont, Vail Village Homeowner's Association, supported the alternate access up the mountain and said the relative merits of the criticism should be balanced against having the snowcats on- mountain, the fueling facility on-mountain, and with the recent removal of so many trees due to the beetle kill, camouflaging would be more difficult. But what was a better solution? He stated the stair step walls with mitigation would equally share the burdens and benefits with both neighborhoods, so he urged patience -and not to throw years of work out at this point. Mire once again asked Council to consider a narrower consideration which was the wall height variance. Jay Peterson, attorney for the applicant, stated that amulti-tiered wall would end up as a huge amount of site disturbance because the mitigation would end up being low-lying shrubs and not trees, e.g., no tall landscaping. ~~ Art Abplanalp, now representing five families on Forest Road, stated Vail Resorts deserved a great deal of credit, they had worked hard to identify the issues, and urged the Council to move forward to solve this long-standing problem. Slifer agreed this would reduce the major impact for the homes and families along West Forest Road; and that the visual impact would be a fair trade=off for the wall height. Ruther added this was but one of several procedural items through which the project would have to pass. Mire stated the Council, as an option, could also remand the PEC's approval back to their board for their reconsideration. Hitt then moved, with a second from Cleveland, to overturn the PEC approval, based on the variance criteria, which had not been met, specifically: 1) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 2) The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Donovan asked for clarification of the Spraddle Creek retaining walls and was told they were Gabian Walls with traditional landscaping. A vote was taken with Cleveland and Hitt voting for the motion, and the remaining four against. Thus, the planning commission approval stood The ninth item on the agenda was the Supplemental Appropriations Ordinance. Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and the Marketing Fund of the 2004 budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Diana Donovan requested confirmation that funding for the additional police officer for the I-70 noise education and enforcement program had been addressed as requested upon first reading. The funds for this program have been moved from the Capital Projects Fund to the General Fund. Greg Moffet moved and Dick Cleveland seconded a motion to adopt the ordinance as read, including changes made after first reading. The motion passed unanimously (6 to 0). For more information, contact Judy Camp 479-2119. The tenth item on the agenda was 2nd reading of Ordinance No. 11, Series of 2004, an ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing." At this point, Moffet moved, with a second from Ruotolo, to adjourn to a spontaneous executive session, based on the subject title just read, P-3 Development, under the C.R.S. cite 24.6.406, 4(b)(c). Lamont asked whether procedurally there would still be an opportunity for public comment and was told there would be. A vote was taken and the motion passed unanimously, 6-0. The Council reconvened, at which time Moffet moved to table Item #10 to May 4, with a second from Ruotolo, and stated there would be opportunity for public discussion at that time. A vote was taken and the motion passed unanimously, 6-0. The eleveth item on the agenda was Resolution No. 15, a Resolution adopting the correct version of the CIRSA bylaws and intergovernmental agreement and repealing any and all resolutions inconsistent. John "JP" Power, Human Resources Director, stated CIRSA had sent incorrect bylaws and that the dates of the annual meeting and terms of directors were incorrect. Moffet moved, with a second from Ruotolo, to approve Resolution 15. A vote was taken and the motion passed unanimously, 6-0. The twelfth item on the agenda was Resolution No. 16, a Resolution approving the P-3 Development agreement (the "Agreement") between the Town of Vail (the "Town") and Vail Associates Holdings, Ltd., a Colorado Corporation ("Vail Holdings"), which agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P-3, Vail Village Fifth Filing, and an adjacent vacated portion of Hanson Ranch Road right-of-way. Moffet moved to table to May 4 on advice of Counsel, with a second from Ruotolo. A vote was taken and the motion passed unanimously, 6-0. The thirteenth item on the agenda was the Town Manager's Report. Moffet moved, with a second from Hitt, to enter into the Memorandum of Understanding (MOU) with the Division of Corrections, as amended (no monetary support would be expended, only staff support), to cut and stack, 6-0. At this point, Cleveland, through advice from a citizen, suggested re-wording the message on the VMS from "Don't Race Through Vail" to "Slow Down and Bnjoy Vail" would be more user-friendly, as well as to add the actual speed limit to the sign. j Bill Jewitt, from Bart and Yeti's, added the VMS should be installed on the "on" ramps for drivers to observe as they started down I-70 rather than ending their drive. There being no further business, the Council adjourned at 9:00 P.M. Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk To: Vail Town Council From: Stan Zemler ITEM/TOPIC: Central Mountain Transportation Corridor Coalition Attached is an intergovernmental agreement whose primary purpose is to form an, informal, non-statutory coalition of governments along the I-70 interstate central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current plan for future transportation improvement. Town staff recommends approval of this IGA. Involvement in this coalition is appropriate, as its focus coincides with the Town's established goals and long-term solutions for I-70 and noise mitigation. No initial dues are required. Any project funding would be paid for out of noise mitigation funds. INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into on January 20, 2004 by and between several counties and towns in the 1- 70 mountain corridor. WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non-statutory coalition of governments along the Interstate 70 central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current needs and to plan for the future for the improvement of transportation; and WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and improved as possible, be as safe as possible, and to have a plan in place that wil I address the transportation needs in the corridor for the next fifty years; and WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusi on in a transportation plan that minimizes and balances detrimental environmental impacts, preservation of the unique local character of the counties and towns in the corridor; and provides for the a ffective flow of ever increasing traffic volumes, and WHEREAS, the counties and towns feel that the thoughts, o pinions and desires of our local communities need to be continually brought forward as part of t his process; and WHEREAS, for the purpose of this agreement the C entral Mountain Interstate 70 Corridor is deft ned as, but not limited to, the counties and towns that are li sted as participants and or potential participants to this agreement; and WHEREAS, the parties to this agreement wish to acknowledge their participati on in this coalition to promote the health, safety and welfare; and WHEREAS, the parties have agreed upon the term s and conditions under which parties wil I participate in the coalition as more fully set forth herein. NOW THEREFORE, for and in consideration of the m utual covenants and promises contained herein, the parties agree as follows: A. COALITION PURPOSES: The general purposes of the Coalition are: 1. To prepare locally preferred alternative transportation plans for the corridor that could be presented to the Colorado Department of Transportation. 2. To determine the locally preferred alternatives to m eet the wants and needs of our local communities to better serve them in their transportation needs: 3. To attempt to influence the Colorado Department of Transportation, the Colorado State Legislature, the Federal Highway Administration, the United States Congress and other Federal and State entities having jurisdiction over the planning, implementation or operation of corridor transportation projects to provide resources to build locally preferred alternatives to meet the transportation goals of the corridor. 4. To apply for grants and other funding, through sponsorship of a member agency, from Colorado, Federal and other sources to do planning and research on methods to build locally preferred alternatives to improve transportation in the corridor . 5. To study the feasibility and pro's and con's of becoming an integrated Colorado Department of Transportation Commissioner District, Engineering District and Planning District. B. GOVERNANCE:. 1. VOTING MEMBERS: Each signatory member to this agreement shall have one vote. 2. COALITION BOARD: The Coalition Board shall be comprised of all signatory members. 3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee consisting of one mem ber from each member county .The member could be from the member county or one of the towns in the m ember county in the coalition. 4. DUES AND EXPENSES: Each member would pay their own costs of participating and there would not be any dues. 1 f a special project were approved by the Coalition Board then the Board by separate agreement w ill develop a funding formula for paying the expense of the project. Any member opting to not participate in the funding formula would terminate membership in the Coalition. 5. STAFF: There will be no staff except those contracted for a specific short-term purpose.. C. COALITION BOARD DUTIES AND OBLIGATIONS: 1. Establish a quarterly meeting schedule. 2. Establish bylaws and rules of conduct for the Coalition. 3. Define and prioritize the Coalition projects to be undertake n by the Executive Committee. 4. Appoint the Executive Committee from nominations made by the members. 5. Approve locally preferred alternatives and action plans prepared by the Executive Committee. 6. Adopt an annual coalition budget for projects in the upcoming year. 7. Determine the formula for calculating the funding of projects. D. EXECUTIVE COMMITTEE DUTIES: 1. Establish a monthly meeting schedule. 2. Advance the purposes of the Coalition and complete the projects prioritized by the Coalition Board. 3. Provide quarterly activity reports to the Coalition Board providing a.statistic al and a narrative summary of the Executive Committee activities. E. MEMBER OBLIGATIONS: 1. Appoint a representative to the Coalition Board and to participate in meetings on a regular basis. 2. Hold harmless the Coalition Board, its members, its officers, employees, and agents. F. TERMINATION: 1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default. Within thirty (30) days following receipt of suc h notice the defaulting party shal I correct such default, or in the event of a default not capable of being corrected within thirty (30) days of receipt of notification thereof and thereafter correct the default with due diligence. If the defaulting party fails to correct the default as provided above, the Coal ition, without further notice, shall have the right to declare that this Agreement is terminated, in so far as it concerns the defaulting member, effective upon such as the Coalition shall designate and the non defaulting member shall have the right to recover such damages as it shall be entitled to by law. The rights and remedies provided for herein may be exercised singly or combination. 2. NOT FOR CAUSE. A member may terminate its participation in this Agreement for any reason by providing the Coalition a m inimum of a written notice of Intent to Terminate no later than ninety (90) days prior to the thirty- first day of December of the year in whic h the notice is given. Such termination shall become effective upon the first day of January of the year succeeding the date on which the notice is given. Other than as permitted in paragraph F.1 above, no member shall be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance will any portion of the withdrawi ng agency's contribution to the Coalition be returned or prorated due to withdrawal. G. WAIVER: The failure of a party to exercis a any of its rights under this Agreement shall not be a waiver of those rights. H. TERM/RENEWAL: This Agreement shall be renewed annual) y on January 1 of each succeeding year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of the parties under this Agreement shall be, where appropriate, subject to an annual ap propriation of the members. governmental body in an amount sufficient to allow the member to perform its obligations hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non -appropriating member without pena Ity, provided the member furnished the Coalition written notice ninety (90) days prior to the date of non-appropriation if possible. Suc h termination shall become effective upon the first day of January for the year that the non-appropriation operates. No member shall be permitted to withdraw from this agreement prior to the end of the year due to the non-appropriation of funds for the following year, and in no circumstance will any portion of the withdrawing m ember's contribution to the Coalition be returned or pro-rated due to withdrawal . The member's obligations hereunder shall not constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado . I. NOTICE: All notices required to be given to the Coaliti on under this agreement shall be addressed to Interstate 70 Central Mountain Transportation Corridor Coalition. J. MODIFICATION: This Agreement may be modified or amended only by instrument duly authorized and executed by the parties hereto. K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against a ny party because of any term contained in the Agreement. M. SEVERABILITY: In case one or more of the provisions contained in this Agreement, or any application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application thereof shall not in any way be affected or im paired thereby. N. APPLICABLE LAW: At all times during the pertormance of this Agreement, the parties shall strictly adhere to all applicabl a federal, state, and local laws, rules and regulations that have been or m ay hereafter be established, and all work performed under this Agreement shall comply with Federal, State, and local laws, rules and regulations. 0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: In accordance with Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been approved by the Boards of County Commissioners, Town Councils, and other authorities having the power to so approve. IN WITNESS WHEREFORE, this agreement is executed and entered into on the da y and year first written above. Signature Date: Signature Jurisdiction Jurisdiction Date: To: Vail Town council From: Stan Zemler Dwight Henniger Fuss Forrest Gary Hall Subject: Lot P-3 Development Agreement Staff is recommending support of the lot P-3 Development agreement. At the last Council meeting, staff was directed to solve the loading and delivery problems and to secure a commitment on future streetscape improvements. The attached Development Agreement "highlights" demonstrate the changes since Council last reviewed this document. Through a combination of improved management and. enforcement, as well as the development of temporary loading and delivery locations, we can manage loading and delivery over the next several years until the Front Door is constructed. This will require the town develop and enforce a new loading and delivery plan for Vail Village. The town will work with the merchants; delivery personnel and the Vail Village Homeowner's Association to accomplish this plan. The development of temporary summer and winter loading and delivery is critical to a successful program. To this end, the TOV and VRI have already approached the Forest Service (see attached letter) seeking approval for temporary commercial loading at the base of Vail Mountain. To assist with management and enforcement Vail Holdings has agreed to fund a seasonal (winter) code enforcement officer for three years. This loading and delivery plan is not without risk. If the Front Door is never constructed, current loading and delivery space will be permanently lost, and not easily replaced. To this end, although it provides no guarantee, Vail Holdings agrees to ,work with the town in good faith to facilitate long-term alternative measures for loading /delivery needs if the Front Door is not constructed by June 2008. Finally, Vail Holdings agrees that if the construction of the front door is not completed by June 20, 2008, Vail holdings will assist the Town in facilitating, and will reimburse the town for its measurable costs incurred in constructing and installing streetscape improvements between the Bridge Street Lodge and the Hill Building, and also between the Hill Building and Vail Place. April 27, 2004 Mr. Dave Ozawa United States Forest Service Minturn, CO HAND DELIVERED Dear Dave: As you are probably aware, Vail Resorts has been working extensively with the Town of Vail over the past few years on the Front Door Project. In addition, the Town is working with other developers on redevelopment projects in Vail Village and has also initiated work on the Vail Village Streetscape Project. All of these projects will affect existing on- street loading in the Village. In response to this situation, VR and the Town have been working on how to provide interim loading areas during this period construction. We have evaluated a variety of alternatives for interim loading within the Village. We are writing you on behalf of both Vail Resorts and the Town of Vail to request USFS approval to develop a temporary commercial loading area on USFS land at the base of Vail Mountain. A sketch of this loading concept is attached. The facility would only be used when Vail Mountain is not open for skiing. We are requesting atwo-year approval for this use. Major elements of this proposal include the following: ^ Access to the loading area would be provided by the mountain access road from Vail Road. ^ The proposed loading area would provide space for up to three trucks. Hours of operation and other use restrictions would be coordinated be implemented by the Town with coordination from Vail Resorts. ^ Currently the area proposed for the loading area is road base/gravel and is used extensively by Vail Resorts mountain operations. The area is flat and would require only minimal grading. ^ In order to minimize dust, Vail Resorts would asphalt the loading area and the mountain road back to Vail Road. While this plan will assist Vail Resorts with its development plans, more importantly it will also provide a much needed community benefit during the construction of a number of major projects in the Village. While the ultimate Vail Village loading solution will be provided by the 14-bay public loading facility to be constructed by Vail Resorts as a part of the Front Door project, an interim,plan is needed to meet our immediate needs. We look forward to your response to this proposal. Please do not hesitate to contact us with any questions you may have. Sincerely, Stan Zemler Brian McCartney, Vice President Town Manager Vail Resorts, Mountain Operations RESOLUTION NO. 16 Series of 2004 A RESOLUTION APPROVING THE P-3 DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION ("VAIL HOLDINGS"), WHICH AGREEMENT PERTAINS TO THE DEVELOPMENT AND RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL HOLDINGS IN RELATION TO THE DEVELOPMENT SITE OWNED BY VAIL HOLDINGS AND CONSISTING OF LOT P-3, VAIL VILLAGE FIFTH FILING, AND AN ADJACENT VACATED PORTION OF HANSON RANCH ROAD RIGHT-OF-WAY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town, acting through its applicable departments and agencies, including the Town Council, Planning and Environmental Commission, and Design Review Board, has previously approved a re-zoning to the Town's Parking (P) zone district, issued requisite conditional use permits, approved development plans and specifications,. and approved a major subdivision plat (the "Plat") recorded March 17, 2004, at Reception No. 871030 (collectively the "Development Plans") in connection with Lot P-3, according to the Plat ("Lot P-3"), and WHEREAS, the Development Plans implement provisions in furtherance of the development of a subterranean parking structure to be complemented by ancillary surface improvements, together with paved surface parking, an open space/park area, and other ancillary or related uses (collectively the "Project") within Lot P-3 and a subterranean portion of .the Hanson Ranch Road right-of-way (the "Vacation Area") vacated by Town Council by separate ordinance and to be described in the Agreement; and WHEREAS, the Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Holdings, as -the owner of Lot P-3 and now the Vacation Area by virtue of its vacation, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project and the respective rights and responsibilities of the Town and Vail Holdings in connection with those matters; and WHEREAS, the approval of the Agreement is necessary and proper for the health, safety and welfare of the Town and its inhabitants; and WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN. COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Resolution No. 16, Series of 2004 Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers necessary or appropriate in furtherance of this Resolution. Section 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of May, 2004. Rodney E. Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail Resolution No. 16, Series of 2004 2 LOT P-3 DEVELOPMENT AGREEMENT THIS LOT P-3 DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the _ day of , 2004, by and between the TOWN OF NAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), and NAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation ("Vail Holdings"). RECITALS: A. .Vail Holdings is the owner of certain real property in the Town of Vail, Eagle County, Colorado, which is legally described on Exhibit A attached hereto (the "Property"). B. Vail Holdings desires to develop the Property pursuant to (i) the Town's Parking (P) District zoning, which has been adopted and approved by the Town for the Property, (ii) the conditional use permits granted by the Town's Planning and Environmental Commission ("PEC") under the Parking (P) District zoning, by PEC action taken August 11, 2003, which authorize the development and use upon the Property of a subterranean parking structure to be complemented by ancillary surface improvements, together with paved surface parking and a park area to be allocated to public use by the grant of a recreation easement, (iii) the associated development plans for such development on the Property, entitled "Nail's Front Door -Vail Park and Garage at Lots P-3&J," that were reviewed by the PEC in conjunction with the issuance of the conditional use permits and also approved by the Town's Design Review Board by action taken on November 19, 2003 (the "Project Plans"), and (iv) the major subdivision plat approved by the Town that is inclusive of the Property, is entitled "Lot P-3, Vail Village Fifth Filing", and was recorded on March 17, 2004, at Reception No. 871030 (the "Current Replat"), and any further subdivision of the Property as contemplated under paragraph 5 below (collectively, the "Development Approvals"). The parking, park and related improvements and facilities contemplated by the Development Approvals are sometimes collectively referred to hereinafter as the "Project." C. Vail Holdings and the Town have mutually determined to .make this Agreement in order to establish various agreements between them respecting the undertaking of certain public dedications, public improvements and other measures related to the development of the Property pursuant to the Development Approvals. D. The parties also acknowledge that Vail Holdings and/or its affiliates intend to proceed with a development project at the base of Vail Mountain in Vail Village, Colorado, which may include, among other things, new spa facilities incorporated into the Lodge at Vail, residential condominiums to the south of the Lodge at Vail, a new skier services building and facilities, a subterranean garage facility incorporating commercial loading and delivery facilities for public use, including multiple loading bays (the "Front Door Loading/Delivery Facility"), and the relocation of the Vista Bahn chairlift facilities within the Vista Bahn ski yard (collectively the "Front Door Project"). The Town has given its approval of a development plan for the Front Door Project pursuant to a PEC approval rendered September 22, 2003, which approval was affirmed on appeal by the Town Council on November 4, 2003 (the "Front Door 616404.2 RCFISH Development Plan"). Vail Holdings and the Town mutually desire to establish certain terms in this Agreement to address the provision of interim commercial loading/delivery resources pending the undertaking of the Front Door Loading/Delivery Facility. NOW, THEREFORE, in consideration of the above premises and the mutual covenants. and agreements set forth herein, the Town and Vail Holdings covenant and agree as follows: 1. Dedication of Pirate Ship Park. (a) As a condition to the issuance of any building permit for the Project, Vail Holdings will cause its affiliate, The Vail Corporation, to dedicate to the Town, by a bargain and sale deed made in substantial conformity with the Colorado statutory form, but modified to accommodate the use restriction, right of entry and reservations under the following provisions (the "Dedication Deed"), that area proximate to the Vail Village ski yard which is commonly known as "Pirate Ship Park," which is located within Tract E, Vail Village Fifth Filing, according to the recorded plat thereof ("Tract E"), and which is legally described on Exhibit B-1 attached hereto and incorporated herein by this reference (the "Park Site"). At the time of dedication, the Town will remain obligated under the "Pirate Ship Park Lease" (which was made between Vail Associates, Inc., as the lessor, and the Town, as the lessee, and is dated effective May 1, 1995), to discharge and satisfy, and protect Vail Associates, Inc. (n/k/a The Vail Corporation) from, any accrued and undischarged claims in favor of or liabilities incurred to any third parties which fall within the scope of the Town's duties under Paragraphs 3, 4, 8, or 9 of the Pirate Ship Park Lease, or any losses suffered by The Vail Corporation because of any accrued breach of the Town's insurance obligations under Paragraph 6 of the Pirate Ship Park Lease, together with any associated sums that may be recoverable under Paragraph 15(d) of the Pirate Ship Park Lease. The parties mutually acknowledge and agree that the Pirate Ship Park Lease otherwise will terminate, and the parties will have no further obligations or duties thereunder, at the time the dedication is made, and that the termination provisions of Paragraph 10 of the Pirate Ship Park Lease will be wholly inapplicable to the termination effectuated by this Agreement. (i) The Dedication Deed will contain a use restriction in perpetuity that the Park Site shall be used only for public park purposes, together with a right of entry for condition broken in favor of The Vail Corporation in the event such restriction is ever violated, such that The Vail Corporation can reacquire fee title to the Park Site in the case of such a violation. To exercise this right of entry, The Vail Corporation will be required to record in the office of the Clerk and Recorder for Eagle County, Colorado (the "Records"), a notice specifying that it is exercising this right of entry (and the exercise will also remain subject to applicable requirements of legal process). (ii) The Dedication Deed will further incorporate reservations in favor of The Vail Corporation for easements over the Park Site for the installation, alteration, removal, maintenance, replacement, use and enjoyment of utility and storm drainage facilities, including both a reservation for such purposes on a general or blanket basis (the "General Reservation"), and a reservation for specific easements for electrical, storm drainage, and grading and utility easements as described on Exhibit B-2 attached hereto. These reservations will 616404.2 RCASH ~ 2 encompass and include the right to grant and establish utility easements in favor of utility suppliers upon such terms as they may prescribe and also in favor of affiliates of The Vail Corporation that may own or develop other properties which may need or can benefit from utilities or drainage services or facilities routed over the Park Site: With respect to the General Reservation, however, any easements to be established pursuant thereto will be mutually determined by the parties (acting reasonably); provided, that any such General Reservation easements will be subject to the rights of the Town to locate park improvements within the Park Site in material conformity with the proximate configuration thereof shown on Exhibit B-1 hereto, and also landscaped areas within the Park Site which are mutually determined by the parties (acting reasonably). Any exercise of the General Reservation or any easements established pursuant thereto may not interfere with, damage or require the removal of any such park improvements or landscaping (provided that any easement holder may disturb landscaping or improvements as necessazy to use and enjoy its easement right, provided the holder substantially replaces any landscaping or improvements damaged as a result). Vail Holdings (or its designee) and/or the Town will make such further documents as may be reasonably necessary or appropriate to effectuate any easements within the scope of the foregoing reservations that are not inconsistent with the foregoing provisions. (b) Vail Holdings acknowledges that following the completion of the dedication by the Dedication Deed, the Town wants to undertake a resubdivision so that the Park Site and the balance of Tract E are each established as a separate subdivision lot by a new subdivision plat. Vail Holdings agrees to have prepared, make application to the Town for, and process a new subdivision plat map for this particular purpose; and both the Towri, as the owner of the Park Site, and The Vail Corporation, as the owner of the balance of Tract E, will join in the application and the resubdivision plat (Vail Holdings will be obligated to cause The Vail Corporation to so join in). The Town will reasonably cooperate in the process of Vail Holdings' preparing, making application for, and processing such plat. However, in any event this resubdivision will be solely for the purpose of establishing the two separate lots, and neither The Vail Corporation, Vail Holdings nor any of their affiliates will have any other obligations pertaining to the Park Site or the resubdivision, including, without limitation, any undertaking of improvements or any dedications of property other than the Park Site. The completion of the plat application will, but the adoption of the resubdivision plat will not, constitute a condition to the issuance of any grading or building permit or other requisite approvals for the development of the Project. 2. Hanson Ranch Road Vacation. The Town and Vail Holdings mutually acknowledge that in order for Vail Holdings to be able to develop the Project in accordance with the Development Approvals, the Town must vacate athree-dimensional subterranean portion of the public right-of--way of Hanson Ranch Road,. which three-dimensional portion is legally. described on Exhibit C-1 attached hereto; because elements of the Project are planned and designed to extend into that three-dimensional azea (the "Vacation Area"). Contemporaneously with or prior to the mutual execution and delivery of this Agreement, the Town Council shall adopt, upon second reading, an ordinance vacating the Vacation Area and acknowledging that the Vacation Area is to be vested in Vail Holdings (the "Vacation Ordinance"). In conjunction 616404.2 RCFISH with the vacation, and by authorization established under the Vacation Ordinance, the Town shall proceed to execute and deliver to Vail Holdings a bargain and sale deed for recordation that expressly conveys the Vacation Area to Vail Holdings. This bargain and sale deed will be made in conformity with the form therefor attached hereto as Exhibit C-2. 3. Off-Site Public Improvements. As part of the Project, Vail Holdings at its expense will be required to construct and provide certain off-site public improvements, i. e., to be located outside of the Property boundaries (the "Off-Site Improvements" or the "Public Project"). The Off-Site Improvements will be constituted and governed by (i) those improvements provided for in the Contract Documents and Specifications for the "Vail Village Streetscape Improvements" dated February 27, 2004, prepared by the engineers of record, and approved by the Town (the "Master Streetscape Specifications"), but only to the extent such improvements are specifically enumerated on Exhibit D attached hereto, and (ii) those off-site public infrastructure improvements provided for in Vail Holdings' final building permit plan set for the Project which is approved by the Town, to be consistent in scope with the Project Plans (those provisions of such plan set that are applicable under clause (ii) above, together with those provisions of the Master Streetscape Specifications that are applicable under clause (i) above, are sometimes referred to hereinafter collectively as the "Off-Site Plans"). The Off-Site Improvements shall also be undertaken in accordance with and subject to the following provisions of this paragraph 3: (a) To the extent any Off-Site Improvements are to be located within or may affect private property or private property interests, 'it shall be incumbent upon the Town to secure all requisite consents of the affected owners as a condition to Vail Holdings being required to proceed with the construction and installation of the affected Off-Site Improvements. The completion of any Off-Site Improvements so affected will not act as a condition to the Town's provision of any certificate of occupancy or other approvals requisite to the occupancy, use and enjoyment of the Project to the extent the Town is unable to secure the requisite owner consents for those Off--Site Improvements in a timely manner, i. e., by the time that Vail Holdings needs to commence those Off-Site Improvements under its construction schedule for the Project and Public Project (to be adopted in material conformity with ordinary construction practices). Vail Holdings will not retain any obligation to complete any Off-Site Improvements for which the Town does not timely obtain requisite owner consents as aforesaid; however, for those Off- Site Improvements (and as Vail Holdings' sole obligation in connection therewith), Vail Holdings will post security for the completion of those Off-Site Improvements, based on unit costs and construction values applicable to those Off-Site Improvements at the time that they would otherwise be commenced but for the failure of third-party consents. The Town may then undertake the completion of those Off-Site Improvements and resort to that posted security to pay construction costs incurred by the Town in order to complete the same; provided, however, that (i) at such time, if ever, as the Town, acting in good faith, determines that it will not be able to secure the requisite third-party consents for any applicable Off-Site Improvements, then the security attributable to those Off-Site Improvements shall be remitted to Vail Holdings, and (ii) to the extent those Off-Site Improvements are completed, and the resulting construction costs incurred by the Town are less than the amount of the posted security, then the remainder of the security will also be returned to Vail Holdings. The requisite security will be in a form consistent with the Town's generally prevailing, practices for construction security, and its 616404.2 RCFlSH 4 disposition will be governed by a written agreement made by the parties on reasonable terms that are consistent with the foregoing provisions. (b) Certain portions of roadways and/or walkways within the Public Project are to be heated for purposes of providing snowmelt capacities (the facilities and apparatus furnishing such capacities being referred to hereinafter as "Public Snowmelt Systems"); for those areas, Vail Holdings will install wirsbo tubing and manifolds as part of the Public snowmelt Systems, but will not be responsible or obligated to furnish heating transmission lines to the manifolds, the heat source for the Public snowmelt Systems, or any ongoing operation or maintenance of the Public snowmelt Systems (except to the extent that such operation and maintenance costs are ever imposed against the Property by virtue of a properly enacted and levied public real property tax or assessment of general .applicability). Notwithstanding the foregoing provisions indicating the contrary, Vail Holdings acknowledges that it will have on-site snowmelt systems within the Project that can be readily integrated with the Public snowmelt Systems adjacent to those on-site systems (as set forth in the Off-Site Plans), and agrees that Vail Holdings will undertake that integration and at its expense furnish the heat source (including the bearing of related utility charges) to those integrated Public Snowmelt Systems to points of terminus consistent with the Off-Site Plans, as reasonably determined by the parties. (c) Other than as expressly provided under paragraph 3(b) above, Vail Holdings will not be required to construct or install (and the Off-Site Improvements will not include) the Public Snowmelt Systems, and will not be obligated to furnish the heat source and/or bear the related utility charges for the Public Snowmelt Systems, or to bear any other ongoing costs of (or provide directly) any maintenance, operation, repair or replacement of the Public Snowmelt Systems following their initial construction and installation (again except to the extent operating and maintenance costs are ever imposed against the Property by virtue of a properly enacted and levied real property tax or assessment of general applicability). Likewise, Vail Holdings will only be responsible for the initial construction or installation of the other Off-Site Improvements, and will not have any obligation or liability in connection with the ongoing maintenance, repair or replacement of the same, or any utility consumption or other charges incurred in conjunction with their operation (and initial construction or installation will itself be subject to any applicable qualifications expressly set forth in this Agreement). (d) To the extent that there are conflicts or inconsistencies between (i) the Off-Site Plans, and (ii) the other provisions of the Master Streetscape Specifications (i. e., those not applicable as part of the Off-Site Plans) or any other Town rules, regulations or standards of general applicability, or that the sources referenced in clause (ii) would on their face impose improvement requirements exceeding those under the Off-Site Plans, then the Off-Site Plans shall be controlling. (e) The parties agree that Vail Holdings may not receive from the Town a certificate of occupancy, either temporary or permanent, for the Project until either (i) the Project improvements have been substantially completed, or (ii) Vail Holdings has fi.irnished the Town with security for the remaining uncompleted Project improvements in the form of a performance and payment bond for the work, or alternatively in the form of a letter of credit, or other financial medium reasonably acceptable to the Town, in a dollar amount equal to one hundred twenty-five 616404.2 RCflSH 5 percent (125%) of the estimated out-of-pocket, variable construction costs for completing the Off-Site Improvements. If security is so provided, (iii) Vail Holdings will then be required to complete the remaining Project improvements within ten (l0) months after the initial. issuance of a certificate of occupancy for the Property. However, the foregoing required time for completion will be extended for delays caused by any event or circumstance beyond the reasonable control of Vail Holdings, including, without limitation, labor strikes or lockouts, power shortages or failures, unavailability or shortages of materials, acts of God, acts of terrorism or war, inclement weather of such severity as to preclude continued work under prevailing industry standards, customary construction season limitations under prevailing industry standards, or any construction moratorium or other governmental action or inaction (collectively "Force Majeure Events"). In the event Vail Holdings fails to complete the Project improvements in a timely manner in accordance with the foregoing provisions, then the Town at its election may undertake the completion of the remaining Project improvements, or portions thereof, and thereupon the Town may resort to the security furnished to recover the construction costs and expenses incurred by the Town in so undertaking .any of the Project improvements. Upon the initial completion of the Project improvements, and the Town's initial acceptance thereof, any security (or the remainder thereof) previously provided shall be returned by the Town to Vail Holdings. The completion of the Project improvements, or the posting of security therefor, will condition only the issuance of a certificate of occupancy, and not the issuance of any building permits or similar approvals for proceeding with the construction of the Project. In addition, the conditions and requirements in favor of the Town under this paragraph 3(e) are subject to any applicable qualifications established under the other provisions of this Agreement. (f) Notwithstanding the other provisions of this paragraph 3 that relieve Vail Holdings from any obligation for ongoing maintenance, repairs or replacements, or costs associated therewith or operating costs, with respect to the Off-Site Improvements, Vail Holdings acknowledges and agrees that it shall warranty each of the Off-Site Improvements that it is responsible to construct for a period of two (2) years after the same has been initially accepted by the Town, as required under the Town Code of the Town of Vail (the "Code"), § 13-3-14. The Town will act diligently to inspect and provide its acceptance of completed work items. (g) Vail Holdings will act reasonably to coordinate the installation of the Off-Site Improvements with other public improvements that the Town may be making proximate to the Property, provided such coordination requirements may not materially interfere with Vail Holdings' construction schedule for the Project, and may not cause a material increase in the costs that Vail Holdings is to incur for the Project. To the extent such coordination requirements may comply with the foregoing provisions but still delay Vail Holdings in the completion of any Off-Site Improvements (the "Delayed Improvements"), then the completion/security requirements set forth under paragraph 3(e) above shall also be suspended for a commensurate period; should Vail Holdings otherwise be in a position to secure a certificate of occupancy for the Project during such period of delay, then Vail Holdings will be entitled to receive. a temporary certificate of occupancy with appropriate conditions for the requisite completion of the delayed Off-Site Improvements, or alternatively the provision of security therefor, at the end of the period of suspension. In the case of such a suspension, Vail Holdings will only be obligated to bear construction costs, and/or post security for such construction costs, in relation to the Delayed Improvements that Vail Holdings would have incurred but for the delays 616404.2 RCF7SH 6 attributable to the coordination requirements of the Town; the Town shall be solely responsible for and bear the incremental costs that are attributable to such coordination requirements and delays. Before Vail Holdings may be required to commence and/or post security for the Delayed Improvements, the Town will furnish Vail Holdings with reasonably adequate assurances that the Town has committed sufficient funds for its incremental cost obligations (which shall be due and owing from time to time within thirty (30) days after the Town is given notice of the same). 4. Loading and Delivery. Vail Holdings and the Town mutually acknowledge that presently areas on the periphery of the Property are employed for commercial loading/delivery functions. In the event the on-site construction of the Project is commenced prior to the completion of the Front Door Loading/Delivery Facility, the following measures will be taken to compensate for the resulting loss of loading/delivery capacities proximate to the Property: (a) Subject to receiving the requisite consents and approvals of the County of Eagle (the "County") and the United States Forest Service ("USFS"), Vail Holdings will furnish (or cause its affiliates to furnish) an interim paved surface loading/delivery area to be located on USFS property proximate to the ski Chairlift facility denominated as "Chairlift l," such interim area to be complemented by paved road access, and with the location, configuration and scope (including number of bays) of that interim area to be as generally depicted on Exhibit E-1 attached hereto. Vail Holdings will apply to USFS and the County for the requisite approvals of this interim area promptly following the making of this Agreement, it being the mutual goal of the Town and Vail Holdings that this interim facility be completed and operational by June 20, 2004, or as soon thereafter as is reasonably feasible following the securing of the requisite approvals. This interim area will be maintained by Vail Holdings as a commercial loading/delivery site available for public use, subject to any limitations imposed by the governmental approvals and to the limitations set forth below. The use and enjoyment of this interim area will be subject to such reasonable rules and regulations as Vail Holdings may prescribe. This interim area will be so used as a commercial loading delivery site only outside of ski season (i. e., the period for Vail Mountain ski operations established 'by Vail Holdings or its affiliates) unless construction of the Front Door Loading/ Delivery Facility does not commence by June 20, 2006, in which case this interim area will then be established as a year-round commercial loading/delivery site, with Vail Holdings to expand its facilities as depicted on Exhibit E-2 hereto, and with the corresponding removal of Chairlift 1, but subject to procurement of the requisite governmental approvals therefor (and Vail Holdings and/or its affiliates will apply for those requisite governmental approvals for such year-round use by February 1, 2006, in the event construction of the Front Door Loading/Delivery Facility has not commenced by that date). The required. use of this interim area for loading/delivery functions will cease when the construction of the Front Door Loading/Delivery Facility has commenced, as evidenced by the issuance of a building permit therefor. (b) Vail Holdings will reimburse the Town's employment costs of engaging an additional code enforcement officer for policing the Town's loading/delivery regulations during the winter season (i. e., the Vail Mountain ski operations season) for those three (3) winter seasons ending in 2005, 2006 and 2007, respectively. Vail Holdings' obligation in this regard will not exceed $20,000 for any one winter season. This obligation will terminate, however, upon any commencement of construction for the Front Door Project, and no employment costs accruing thereafter will be reimbursable. 616404.2 RCFISH 7 (c) Vail Holdings will exercise commercially reasonable efforts to begin the construction of the Front Door Loading/ Delivery Facility by June 20, 2006, subject to the prior satisfaction of the following conditions and to pazagraph 4(d) below: (i) Vail Holdings completes the closing of a ]and exchange with USFS whereby Vail Holdings acquires from USFS the remaining parcel of USFS property which is requisite to the undertaking of the Front Door Project. Vail Holdings will exercise good faith efforts (subject to its ordinary business judgment) to complete this exchange, and within thirty (30) days after the closing of the exchange, will make application to the Town for the annexation of the acquired exchange parcel and its initial zoning consistently with the Front Door Development Plan. (ii) Vail Holdings secures and maintains in effect pre-sale agreements for the conveyance to third-party buyers of 9 residential units to be developed within the Front Door Project made upon satisfactory pricing and other terms, as determined in Vail Holdings' ordinary business judgment. (iii) Vail Holdings and the Town make a development agreement for the Front Door Project, and Vail Holdings obtains from the Town and other applicable governmental authorities all subdivision, platting, development, building permits and other licenses, permits, approvals and actions which are necessary for proceeding with construction of the Front Door Project on terms satisfactory to Vail Holdings as determined in its ordinazy business judgment. (iv) Vail Holdings obtains satisfactory approvals from affected private property interests that are necessary to proceeding with construction of the Front Door Project, as determined in Vail Holdings' ordinary business judgment. (v) The undertaking of the Front Door Project, or .any component thereof, is not being contested in or the subject of adverse claims in any litigation or legal proceedings hereafter commenced. (vi) Vail Holdings secures and maintains in effect a guaranteed maximum price (GMP) general construction contract for the Front Door Project made with, a contractor acceptable to Vail Holdings on pricing and other terms satisfactory to Vail Holdings, as determined in its ordinary business judgment. (vii) Vail Holdings secures and maintains in effect an agreement for construction financing for the Front Door Project made with a lender acceptable to Vail Holdings in an amount and with interest rate and financial and other terms satisfactory to Vail Holdings, as determined in its ordinary business judgment. (viii) The Front Door Project receives requisite approvals of the board of directors of Vail Holdings and of its parent company or companies (i. e., those companies with control of Vail Holdings by direct or indirect ownership interests). 616404.2 RCFISH O (d) The commencement of construction for the .Front Door Project will be further subject to delays caused by the occurrence of any force majeure events, which shall mean any event or circumstance beyond the reasonable control of Vail Holdings, including, without limitation, labor strikes or lockouts, power shortages or failures, unavailability or shortages of materials, acts of God, acts of terrorism or war, inclement weather of such severity as to preclude continued work under prevailing industry standards, customary construction season limitations under prevailing industry standards or any construction moratorium or other governmental action or inaction. Vail Holdings' obligations under paragraph 4(c) will continue only through June 20, 2008, at which time those obligations will- cease if construction of the Front Door Loading/Delivery Facility has not commenced by then (provided that the foregoing will not be construed to waive any breach under paragraph 4(c) occurring prior to that time). (e) If construction of the Front Door Loading/Delivery Facility has not commenced by June 20, 2008, then Vail Holdings will cooperate in good faith with the Town to facilitate long-term alternative measures for accommodating loading/delivery needs within Vail Village. This undertaking will cease, however, if construction of the Front Door Loading/Delivery Facility subsequently commences. In addition, and again if construction of the Front Door Project has not commenced by June 20, 2008, Vail Holdings will provide reasonable assistance to the Town in the Town's efforts to obtain any third party consents requisite to the construction and installation of streetscape improvements between the Bridge Street Lodge and the Hill Building, and also between the Hill Building and One Vail Place. Provided such consents are obtained, Vail Holdings at its election will then either (i) undertake the construction and installation of those streetscape improvements directly, or (ii) have the Town undertake those streetscape improvements, in which case Vail Holdings will reimburse the Town for its reasonable costs incurred in the construction and installation of those streetscape improvements. If Vail Holdings elects to undertake those streetscape improvements directly, the Town will take such actions as may be reasonably necessary or appropriate to authorize the work by or through Vail Holdings in those areas. Such streetscaping will be undertaken in accordance .with the applicable provisions of the Master Streetscape Specifications and the Front Door Development Plan approved by PEC on September 22, 2003. Vail Holdings' reimbursement obligations in this regard will not be construed to preclude or limit Vail Holdings from securing cost-sharing for those reimbursable costs from other parties. 5. Project Platting. The Property is presently subject to certain pre-existing parking easement rights in favor of third parties (the "Easement Holders"). The Town acknowledges that Vail Holdings wishes to convey to the Easement Holders, in fee simple, the paved surface parking area to be incorporated within the Project in exchange for their relinquishment and quitclaim of their pre-existing easement rights. The surface parking area is intended to be a fee estate severed from and independent of a separate fee estate for the subterranean garage facilities. In furtherance thereof, the Town agrees that the Property may be platted using a three-dimensional methodology, such that the surface parking area and the air space above it (and perhaps some portion of the subterranean areas below it) are established as a discrete subdivision lot, separate and apart from the subterranean area that will house the subterranean garage facilities within the Project. Following the initial establishment of the three-dimensional subdivision plat, Vail Holdings will be permitted, for purposes of conforming the plat's horizontal and vertical boundaries and dimensions to the "as-built" surface and subterranean parking and garage improvements within the Project, to modify the plat by resort to the Town's 616404.2 RCFISH 9 administrative plat correction procedures under the Code § 13-13-1, et se (or any Code provision hereafter adopted in lieu thereof), but in any case the plat as so modified will still retain the benefits of the encroachment easements under the bargain and sale deed referred to in paragraph 2 above. 6. [Intentionally Omitted] 7. Scope of Obli atg ions. This Agreement sets forth the full scope of any and all public or other improvements, dedications and exactions that may be required of Vail Holdings in relation to the undertaking. of the Project, and no public or other improvements, dedications or exactions or other development conditions may be required of Vail Holdings in connection with the Project except for those expressly provided for in this Agreement. The provisions of this Agreement satisfy any and all requirements under the Development Approvals for the provision of public improvements, dedications or exactions, and requirements under the Code for the making of agreements that govern improvements or for the provision of related security. The specific provisions of this Agreement will be controlling over any inconsistent or conflicting provisions in the Code or any other Town rules, regulations or requirements of general applicability, including, without limitation, Code § 13-3-8 and § 13-3-14. The 3-year period under Code § 13-3-17, as applied to any plat now or hereafter inclusive of the Property, will be extended as necessary to expire no later than the date that Vail Holdings is required to complete the Off.-Site Improvements pursuant to paragraph 3(e) hereof. 8. No Obligation to Develop. Subject to (and only to) Vail Holdings' obligations under paragraph 4(c) above, and notwithstanding any implications to the contrary under the other provisions of this Agreement or under the Code or other rules, regulations or standards of the Town, Vail Holdings (i) does not and will not have any obligation to undertake and develop the Project, (ii) will have no liability to the Town or to any other party for any failure to develop the Project, and (iii) will not have any obligations to complete any dedications or public improvements under this Agreement independently of the commencement and undertaking of the Project. 9. Liability of Successors. The provisions hereof touch and concern and run with the ownership of the Property. However, any successor owner to Vail Holdings with respect to any portion of the Property or Project will not have any personal liability for any of Vail Holdings' obligations hereunder, except to the extent such successor (i) succeeds to Vail Holdings' position as the owner/developer of the Project before it is initially completed (as evidenced by the issuance of any certificate of occupancy therefor), or (ii) otherwise accepts an express assignment of and expressly assumes any or all obligations of Vail Holdings hereunder by recorded instrument. Upon any record assignment to and assumption by any successor owner of any of Vail Holdings' obligations hereunder, Vail Holdings shall be released from all further liability for those obligations so assumed (and any assuming successor will in turn have the ability to secure its own release of liability in the same manner pursuant to an assumption by another subsequent transferee). In addition, the Town agrees to cooperate reasonably and diligently in furnishing recordable releases and terminations of this Agreement, or for discrete portions of the requirements hereunder, as and when the relevant requirements have been satisfied. Subject to the foregoing provisions, (i) this Agreement shall be binding upon and inure 616404.2 ACFlSH 1 ., to the benefit of Vail Holdings and its successors and assigns, and (ii) references herein to "Vail Holdings" shall be construed to include its successors and assigns from time to time. 10. [Intentionally Omitted] 11. Project License Grants. The Town acknowledges that certain elements of the Project (e.g., access stairways and garage entrances and exits) may encroach into Gore Creek Road, Hanson Ranch Road, or other public areas owned by the Town. The Town specifically agrees that to complement and support the Project, the Town will grant (and Town Council; by its approval of this Agreement, irrevocably authorizes the Town Manager to execute and deliver) irrevocable licenses in perpetuity (coupled with an interest) to Vail Holdings and its successors to allow for the use and enjoyment of any Project elements that may give rise to such an encroachment. Such licenses will be established by agreements made on terms reasonably acceptable to Vail Holdings and the Town. (The foregoing is cumulative with and in addition to the encroachment easements provided for in the bargain and sale deed referred to in paragraph 2 above.) Conversely, Vail Holdings agrees that it will grant to the Town, in the form attached hereto as Exhibit F and as a condition to the issuance of any certificate of occupancy for the Project, a "Park Easement Agreement" to establish a public park use for the open space/park area that Vail Holdings is to establish within a portion of the surface of the Property in connection with the development of the Project. The Town .agrees to join in and make the Park Easement Agreement with Vail Holdings upon request. 12. Notices; Business Days. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below. If to Vail Holdings: c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Jack Hunn; Vice President of Design and Construction Fax No.: (970) 845-2555 Phone: (970) 845-2359 616404.2 RCF(SH 11 with a copy to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Kursten Canada, Esq. Fax No.: (970) 845-2555 If to Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager Fax No.: (970) 479-2157 with a copy to: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 Either party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 13. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similar as possible in content to the affected provision. It is generally intended by the parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted bylaw. 14. Exhibits. All Exhibits to this Agreement which are referenced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. 15. Entire Agreement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with 616404.2 RCFISH 1'2 respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or - negotiations shall be deemed merged herein. 16. Estoppel Certificate. At any time and from time to time (but upon not less than ten (10) days' prior notice by Vail Holdings), the Town shall execute, acknowledge and deliver to Vail Holdings and its designees an estoppel certificate in writing certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications, that this Agreement is in full force and effect as so modified, and stating the modifications); that Vail Holdings is not in default of any obligations, conditions or requirements hereunder, except as otherwise specified in the response; and such- other matters and information related to this Agreement as may be reasonably requested. Failure of the Town to furnish its response within the requisite 10-day period shall be conclusive upon the Town that the matters requested for disclosure are in the status most favorable to Vail Holdings, as determined by Vail Holdings: 17. Rules of Construction. The headings which. appeaz in this Agreement are for purposes of convenience and reference and aze not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting pazty. References herein to the singular shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of reference only and aze not intended in any way to define, limit or prescribe the scope or intent of this Agreement. l8. Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by resolution. As part of that resolution, the Town Council will designate and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Holdings and so executed as set forth above by the Town Manager. 19. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written .instrument executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Holdings. and the Town, with the Town's execution to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the Town, the Town Manager, after consultation with the Director of Community Development, determines that any proposed amendment or modification constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. In any event the Town Manager will have the unilateral power and authority to execute on behalf of the Town and furnish any estoppel 616404.2 RCFlSH 1 J certificates, approvals or other documents or communications contemplated by the provisions of this Agreement, including the Exhibits hereto. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 21. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. 22. No Third Part~Beneficiary. Except for the corporate affiliates of Vail Holdings (including The Vail Corporation), who are expressly intended to be third-party beneficiaries of Vail Holdings' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in any respect. Vail Holdings' "corporate affiliates" will include any entity which by direct or indirect majority ownership interests is controlled by, controls, or is under common control with Vail Holdings. 23. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 24. Recording. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 25. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Vail Holdings, and nothing contained in this Agreement shall be construed as making the Town and Vail Holdings joint venturers or partners. 26. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). [Balance of Page Intentionally Left Blank] 616404.2 RCFISH 14 IN WITNESS WHEREOF, the Town and Vail Holdings have made this Lot P-3 Development Agreement effective as of the day, month and year first above written. TOWN: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado By: Name: Title: ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF ) Town Manager The foregoing instrument was acknowledged before me this day of 200_, by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Signature Blocks Continue on Following Page] 616404.2 RCFISH 1 VAIL HOLDINGS: VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_, by as of Vail Associates Holding, Ltd., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 616404.2 RCFISH 16 EXHIBIT A Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing," and recorded March 17, 2004 at Reception No. 871030, County of Eagle, State of Colorado. 614623.1 LIFINN EXHIBIT B-1 Parce] Description A parcel of land located within ?ract E; a Resubdivision of Tract E, Vail Village, Fifth Filing; and a Part of Lot c; Block 5-C, Vail Village, First Filing and Go]den Peak House, Town of Vail; Eagle County; Colorado, recorded under Reception No. 562007 at the Eagle County Clerk and Recorder, more particularly described as follows: Beginning at the Northwest corner of Lot ],Block 1, Vail Vi]]age, First Filing; whence the Northeast corner of Lot 2; Block 1, Vail Village, First Filing bears N 79°45'00" E a distance of 250.00 feet, said line being the Basis of Bearing for this description. Thence N 07°40'08'' W a distance of 70.]5 feet; thence N 57°36'12" E a distance of 30.20 feet; thence N S l °50'20" E a distance of 73.70 feet; thence N 53°08'09'' E a distance of 25.46 feet to a point of curvature; thence 50.36 feet along an Arc of a curve to the right having a Central Angle of 48°05`09"; a Radius of 60.00 feet, a Chord which bears N 77° l 0' ] 0" E a distance of 48.89 feet; thence S 22°05'29'' E a distance of 14.35 feet; thence S 55°48' ] 8" E a distance of 22.50 feet; thence S l0°] 8'53" E a distance of 29.60 feet; thence S 34°38'l5" E a distance of 63.86 feet; thence S 49°49'54" E a distance of 15.58 feet to a point on the North line of said Lot 2, Block 1, Vail Village, First Filing; thence along said North line S 79°45'00" W a distance of 223.20 feet to the ?rue Point of BeQinnin~, said Parcel containing 0.485 Acres more or less. Brent Biggs PLS#27598 For and on the behalf of Peak Land Consultants, lnc C:\Program FileslWinZip\?emp\PirateShip-Lease.doc GOLDEN PEAK HOUSE i i~ i _~~ ' ~, V' / Qp / / ~°~~ / / '~ I / ~~ I / / / ' / '/ y ~ i / ~ 1 / / / ~ e / n i, ~~ r ~ iO.O ~ 0.0' I `n ~ x ~ a - J ~ z I ~ ,~ ~ ~ r a n o, ~ ~ 1m z J J J TRACT E 1 J I vAIL NLIAf.E ' c F1FTN FILING VAIL RESORTS I I r r r ~ ~ \ i. i /. -_% PEDESTRIAN ~ ~ BRIDGE ~ / G1 ~gp ~ ~ H'I~ T p ~ ...- ~\_ q7H ~\ s ~ ~ ~ ~ ~ \ ~ \ ~ (S \ ~~ ~ ~ ~ EDGE OF \ \ ~ \ ~ -A1ll CREEK \ \ ~ e+ \ ~ 1 ~ ~ \ TRACT F vAIL vILLeGE FIFTH FLING VAIL RESORTS park ~ improvements ~ ~ ~~ (PART OF TRACT E) ~ \ O.e85 ACRES ~ 223•ZO ASDD"W ~[eA515 ~ BEA~NF'~ 57g• 2yO,O0' STg•45~•,p 125 `^' NTg•eS00 E - LOT ALOCK ~ POINT OF BEGINNING vAIL VILLAGE FIRST FILING CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING CI 4 '0 '0 ' 60 00' S0 36' 6 77' 48 89' N77'1O'l4' 7 S•D~ LINT TABLE LINE LENGTH BEARING l I 30.20' NS 1'36_12"E l2 73.70_ N51'S0_20"E L3 25.6' NSJ'OB'09"E L~ t4,3:i 522'05'23"E l5 22.50' S55_~8'18"E L6 29.60' 510'18'53"E L7 63.86' S3~'38'IS'E L8 15.58' $49'49'S4'E LOT 2 RLOCK ~ VAIL NIIAGE FIRST FILING EXHIBIT Bl A RESUHDMSION OF TRACT E, VAIL VILLAGE FTFTH ~ ?;;. . FILING AND A PART OF LOT c, BLOCK 5-C, VAIL VILLAGE FIRST FiLiNG AND GOLDEN PEAK HOUSE TORN OF VAIL. COUNTY OF EAGLE. COLORADO - "" i H bd H H bd I r n O b IY . EXHIBIT B-2 Legal Description A 15 foot wide Drainage Easement lying 7.5 feet Northerly and Southerly of the following described centerline, located ~~~ithin a Resubdivision of Tract E, Vail Village, Fifth Filing, and a Part of Lot c; Block 5-C, Vail Village; First Filing and Golden Peak House, 7'ow-n of Vail; Eagle County, Colorado; recorded under Reception No. 562007 at the Eagle County Clerk and Recorder, the sides of said easement lengthens or shortens at the boundaries, said centerline being more particularly described as follows: Commencing at the Northv~~est corner of Lot ];Block 1, Vail Village, First Filing; whence the Northeast corner of Lot 2, Block 1, Vail Village, First Filing bears N 79°45'00" E a distance of 250.00 feet, said line being the Basis of Bearing for this description. Thence N 07°40'08" W a distance of l 6.85 feet to the ?rue Point of Beginnin ;thence N 7]°]3'l8" E a distance of 97.10 feet; thence N 34°48'05'' E a distance of 78.13 feet to the Point of Terminus; said Parcel containing 0.060 Acres more or less. Brent Biggs PLS~27598 For and on the behalf of Peak Land Consultants, Inc. C:\Program Files\WinZip\Temp\Drainage.doc 1~IDIBIT B-2 (cont.) Legal Description An Electrical Easement located within a Resubdivision of ?Tact E, Vail Village, Fifih Filing; and a Part of Lot c; Block 5-C, Vail Village, First Filing and Golden Peak House, ?oven of Vail; Eagle County; Colorado, recorded under Reception No. 562007 at the Eagle County Clerk and Recorder; more particularly described as follows: Beginning at the Northwest corner of Lot ],Block 1, Vail Village, First Filing; whence the Northeast corner of Lot 2; Block ],Vail Village, First Filing bears N 79°45'00" E a distance of 250.00 feet; said line being the Basis of Bearing for this description. ?hence N 79°45'00" E a distance of 10.0] feet; thence N 07°40'08" W a distance of l 7.00 feet to the ?rue Point of Beginning; thence N 07°40' 08" W a distance of 28.00 feet; thence N 82°]9'52" E a distance of 22.00 feet; thence S 0.7°40'08" E a distance of 28.00 feet; thence S 82°l9'S2" W a distance of 22.00 feet to the ?rue Point of Beginning, said Parcel containing 0.0]4 Acres more or less. Brent Biggs PLS#27598 For and on the behalf of Peak Land Consultants, lnc. C:\Program Files\WinZip\?emp\E]ec-Exhibit.doc r-i ~e r-~ H Gd I N .-. n 0 b rr .i Ta GOLDEN PEAK HOUSE 1 ~. 1 _~~ . - io.o' / / p~ / py~s\,~ / / , v i / / I ~ ~~ ~ / •~,/ y 1 ~ / ~ / / ~ e I / / ~ ~ e / t / / 10.0• "~` ~~ ~' c o ~ 1 ~ J ~ Z I A n J ~ T ~; I m z J J ~ J TRACT E I ... vAIL NLLAGE '' FIFTH FILING vAIL RESd~TS t 7, 0' G ` N Z J NoreD'Og'w za.oo' Ng2•tg'S2'E 22.00• ' SoT'ao'Da'E 28.00• ELECTRICAL ~~ EASE-•+ENT $82'I9.52'w 22.00• t.P.O.B. _ T25.DD•. N19'e500 E 10.01' PEDESTRIAN BRIDGE ~ ~~ Asp ~ ~ ~ ~ ` `C7 p,~ ~ \ 1, s ~ ~ ~ ~ ~ ! \ ~ ~ ~~ ~~ \ I ~ EDGE. OF \ ~ \ MILL CREEK \ \ \ ~ \ ~ O+ ~ \ • 1 ~\ ~ \ TRACT E \ \ \ velL +ALIAGE FIFTH FILING vAIL RESORTS ~, .~ \ \ sc~/.n' r•~.~n' PROposeo (PART OF TRACT E) ~'~ ~ \ 0.°85 ACRES ~ (~ ~. ''~ _ i 25.00 N79'e90D~E LOT 2 BLOCK + vAIL TAILAGE FIRST FILING ~gA515 ~ eEAptNG~ $Tg•a5 00 W 130• LOT I BLOCK + vAil VILLAGE i1R$T FlUNG CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING G1 4 '0 ' 00• 0 6' 6 77' t8 89' N77'1O•~~' • ELECTRICAL EASEMENT o , A RESUHDMSION OF TRACT E, VAIL VILLAGE FTFTH ~ .,, FILING AND A PART OF LOT c, BLOCK 5-C, VAIL : ~::~ ;~,;,,•,,,, VILLAGE FIRST FILING AND GOLDEN PEAK HOUSE TOWN OF VAIL. COUNTY OF EAGLE. COLORADO - "' H bd N f'! d rt v ERHIBIT B-2 (cont.) Legal Description A 30' Grading and Utility Easement located within a Resubdivision of Tract E, Vail Village, Fifih Filing; and a Pan of Lot c, Block 5-C, Vail Village; First Filing and Golden Peak House, ?o~~~n of Vail, Eagle County, Colorado; recorded under Reception No. 562007 at the Eagle County Clerk and Recorder, more particularly described as follows: Beginning at the Northwest corner of Lot 1, Block ],Vail Village; First Filing; v->hence the Northeast corner of Lot 2, Block 1, Vail Village. First Filing bears N 79°45'00" E a distance of 250.00 feet, said line being the Basis of Bearing for this description. ?hence N 07°40'08" W a distance of 74.1 S feet; thence N 57°36'l2" E a distance of 30.20 feet; thence N S l °50'20'' E a distance of 2.98 feet; thence S 07°40'08" E a distance of 82.95 feet; thence S 79°45'00'' W a distance of 30.03 feet to the Point of Beginning, said Parcel containing 0.053 Acres more or less. Brent Biggs PLS#27598 For and on the behalf of Peak Land Consultants, Inc. C:\Program Files\WinZip\?emp\Utility & Drainage.doc ~~~ r-i ra H bd I N r. n O a rt ... EXHIBIT C-1 Legal Description A Parcel of ]and located in the Right-of-V~'ay of Nanson Ranch Road, Vail Village, Fifth Filing, according to the Plat thereof recorded November 12, 1965, at Reception No. l 02538 in the office of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as athree-dimensional area bounded by upper and lower surfaces v~~hose perimeters are described below, and bounded on its sides by vertical surfaces connecting the perimeters of those upper and lower surfaces: For both the upper and lo~~-er surfaces; beginning at the Southeasterly corner of Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fiflh Filing" (recorded March l 7, 2004; at Reception No. 87l 030), v~~hence the Northeast corner of said Lot P-3 bears N 07°]4'02" W a distance of ] 33.48 feet, which constitutes the. Basis of Bearing for this legal description, and with elevations for this legal description being based on HARK station "Spraddle", having an elevation of 8287.82 feet (NAND 88); Lower Surface Boundary: Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Right- of-V~'ay line of Hanson Ranch Road, said line being the Southerly boundary line of said Lot P-3, 32.76 feet along an Arc of a Curve to the right; having a Central Angle of l S°37'04", a Radius of 120.17 feet; a Chord v~~hich bears N 76°29'43" W, 32.66 feet to a point on said Southerly boundary line of said Lot P-3; thence vertically downv~~ard to a point at an elevation of 8 ] 53.0 feet, being the ?rue Point of Beginnine for the lower surface boundary; thence S 82°45`58" W a distance of 36.79 feet to a point at an elevation of 8153.0 feet; thence N S3°] 5'06" W a distance of 52.4] feet to a point at an elevation of 8153.0 feet; thence ascending vertically to a point at an elevation of 8155.0 feet; thence N 53°]5'06" W a distance of 28.00 feet to a point at an elevation of 8l 55.0 feet; thence ascending vertically to a point at an elevation of 8156.5 feet; thence N 53°]5'06" W a distance of 49.50 feet to a point at an elevation of 8] 56.5 feet; thence N 09°25'45" E a distance of ] 6.l 8 feet to a point at an elevation of 8 ] 56.5 feet; thence 4].34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33'', a Radius of l ] 7.98 feet; a Chord which bears S 63°08'35" E a distance of 4].l3 feet to a point at an elevation of 8156.5 feet; thence S S3°06']9 E a distance of ] 6.42 feet to a point at an elevation of 8 ] 56.5 feet; thence downward vertically to a point at an elevation of 8 ] 55.0 feet; thence S S3°06' ] 9" E a distance of 28.00 feet to a point at an elevation of 8l 55.0 feet; thence downward vertically to a point at an elevation of 8l 53.0 feet; thence S S3°06` l9" E a distance of 46.58 feet to a point at an elevation of 8153.0 feet; thence 32.68 feet along an Arc of Curve to the ]efl having a Central Angle of ] S°34'52", a Radius of ] 20. ] 7 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8] 53.0 and the True Point of Beginning for the lower surface boundary. Upper Surface boundary: Beginning at said Southeasterly Comer of said Lot P-3; thence along the Northerly Right- of-VVay line of Hanson Ranch Road said line being the Southerly boundary line of said Loi P-3, 32.76 feet along an Arc of a Curve to the right; having a Central Angle of C:\WINNT\Temporary Internet Files\lE\Temporary ]nternet Files\OLKIE\3-d plat lega].doc ] 5°37'04", a Radius of ] 20.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly boundary line of said Lot P-3; thence vertically downward to a point at an elevation of 8191.0 feet, being the ?rue Point of BeainninQ for the upper surface boundary; thence S 82°45'58 W a distance of 36.79 feet to a point at an elevation of 8191.0 feet; thence downv~~ard vertically to a point at an elevation of 8190.0 feet; thence N 53°15'06" W a distance of ] 0.56 feet to a point at an elevation of 8189.9 feet; thence N 53°15'06" W a distance of 28.49 feet to a point at an elevation of 8l 89.9 feet; thence N 53°15'06" W a distance of 28.51 feet to a point at an elevation of 8188.2 feet; thence N 53°] 5'06" W a distance of 62.35 feet to a point at an elevation of 8184.0 feet; thence N 09°25'45" W a distance of 16.18 feet to a point at an elevation of 8184.0 feet; thence 4 ] .34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of 4 ] .13 feet to a point at an elevation of 8l 87:2 feet; thence S 53°06' 19 E a distance of 29.27 feet to a point at an elevation of 8] 89.5 feet; thence S 53°06'19 E a distance of 25.77 feet to a point at an elevation of 8189.4 feet; thence ascending vertically to a point at an elevation of 8] 90.4 feet; thence S 53°06'19 E a distance of 35.96 feet to a point at an elevation of 8]90.8 feet; thence 32.68 feet along an Arc of Curve to the left having a Central Angle of 15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8191.0 and the ?rue Point of BeQinninQ for the upper surface boundary. Gordon S. Page III PLS#29048 For and on the behalf of Peak Land Consultants, Inc. C:\WINNT\Temporary Internet Files\IE\?emporary ]nternet Files\OLK]E\3-d plat legal.doc - ;~~s ~ tau"t~ P-3 1(iF ~~~~~~~'~~~y' ~ ~ ~ Loi lic GGiim 4'i'~;k "~i~.~`' ~ e~ ~~ ~~~;~ ~ k~~$ 1 k ~. ~~r~,'Si';c~• 7~*~a~ #~I~~j T} v, r LrE LENCIH a 'rld: U ~ eEMINC `~ ~ R c^p ~~t~,y LZ tfi16' i'WY'ZS'49~E _ ~, i,• auvE CURVE TA9LE \ tY DELTA nAD1U5 LENOTI TAN47V{ q WDRD CNORD REMIND a2 T93TD4' 120.17 ~ '15~4'S9' Z76' 16..10' 32.66 NTiZi'4Y'W ~ i1a17 a2E8~ 1e.~~ 32.ss' N8D's1'45"w i ~' .. ,1,p1 s+ `~ 1 LOT 1 ~ - -~- +" - i i ~ 0 N u VILLA VALHALLA CONDOMINIUMS _ APART OF LOT j (Rm{ D-A~ a woc 211 Ai ~~E no- PDYII NI Ai PAE N rP.o~. UPPER 6UAiAf$ BDYNOARY xonroxrnr,' ,.ecalvn TP.OH. UP~[R • •om ~ ~ ~W ~ ~~0er a1i ~ ~ ~+~ Y OIINDMY ~ O ~eoo Aw w eP id, r.~ uus E7(IiIBIT -LOT 1 BELQIf SURFACE THREE - DIII$N9IONAL PARCEL EXHIBIT C-2 BARGAIN AND SALE DEED [Statutory Form -C.R.S. § 38-30-115 (Modified)] TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of Colorado ("Grantor"), whose street address is 75 South Frontage Road West, Vail, Colorado 81657, for good and valuable consideration, in hand paid or received, hereby sells and conveys to VAIL ASSOCIATES HOLDINGS,~LTD., a Colorado corporation ("Grantee"), whose street address is c/o Vail Resorts Development Company, P.O. Box 959, 137 Benchmark Road, Avon, Colorado 81620, the real property in the County of Eagle and State of Colorado that is described on Exhibit A attached hereto (the "Property"), with all its appurtenances, but subject to the reservations in favor of Grantor set forth below. 1. Grantor hereby reserves a right of entry in and to the Property in accordance with and subject to the following provisions: (a) The Property, which the Grantor has vacated as part of the Hanson Ranch Road public right-of--way, has been so vacated and is being conveyed under this Deed in order to allow Grantee to integrate the Property as part of a real estate development project to be constructed within the Property and contiguous property owned by the Grantee and legally described on Exhibit B attached hereto (collectively the "Development Site"), which project is intended to incorporate a subterranean parking structure (to be complemented by paved surface parking) and an open space/pazk azea to be allocated to public use by a Park Easement Agreement to be made between the Grantor and Grantee (collectively the "Project"). In connection with the undertaking of the Project: (i) The conveyance under this Deed is subject to the requirement in perpetuity that the Property be used by Grantee only for parking and ancillary - uses, and that elements of the pazking garage facilities within the Project, as those facilities may be altered, modified, redeveloped or reconstructed from time to time (whether as a result of any casualty to, obsolescence of, or other loss or damage affecting the parking garage facilities, or whether by elective action), must be installed within the Property, or some portion thereof, no later than three (3) years after the date of this Deed (subject to extension under paragraph (ii) below), and thereafter must be maintained within the Property, or some portion thereof (collectively the "Parking Condition"). In the event any such alteration, modification, reconstruction or redevelopment of those parking garage facilities entails any demolition and removal of all parking garage elements from the Property, compliance witk~ the Parking Condition will still be maintained so long as new elements of the parking garage facilities aze installed within the Property, or some portion thereof, within three (3) years after all such elements have been initially removed from the Property (again subject to extension under paragraph (ii) below). (ii) The time periods established under paragraph (i) above for the requisite installation of garage facility elements will be extended for any delays 613846.5 RCFISH caused by any event or circumstance beyond the reasonable control of Grantee, including, without limitation, labor strikes or lockouts, power shortages or failures, unavailability or shortages of materials, acts of God, acts of terrorism or war, inclement weather of such severity as to preclude continued work under prevailing industry standards, customary construction season limitations under prevailing industry standards, or any construction moratorium or other governmental action or inaction. (b) The Parking Condition will be regarded as having failed in the event (i) Grantee ever uses the Property for purposes other than parking and associated uses, (ii) Grantee does not install and maintain pazking garage elements within the Property in accordance with the foregoing provisions of paragraph (a), or (iii) Grantee affirmatively elects in writing for a permanent, irrevocable abandonment of the parking gazage facilities (in which case the Parking Condition will fail as of the date that such election becomes effective and final, as set forth in the instrument governing the election). In the event a common interest community is established under the Colorado Common Interest Ownership Act ("CCIOA," C.R.S. § 38-33.3-101 et seq., as the same may be subsequently amended or replaced)) that is inclusive of the Property, then the termination of that common interest community by a recorded agreement of the subject owners in accordance with CCIOA shall be deemed an election to abandon under clause (ii) above. An abandonment of the garage facilities within the Property may be effectuated by leaving the garage facilities in place and/or by demolition of the facilities and fill of the Property, or portions thereof, in accordance with the Town- of Vail's applicable construction and building requirements. (c) In the event there is ever any failure of the Pazking Condition, then the Grantor (as its sole right or remedy in connection therewith) shall hate a right of entry for condition broken, such that upon the exercise thereof the Grantor will reacquire fee title to the Property. To exercise this right of entry, the Grantor will be required to record in the real property records for Eagle County, Colorado, a notice specifying that it is exercising this right of entry (and the exercise will also remain subject to _applicable requirements of legal process). In addition, in the event elements of the parking garage facility are redeveloped and installed within the Property after any failure of the Parking Condition under clause (ii) in paragraph 1(a) above, but before the right of entry is actually exercised, then the right of entry will cease to be enforceable unless and until there is again another subsequent failure of the Parking Condition. (d) The Grantor, within ten (10) days after request by notice from time to time, will execute and deliver a written estoppel certificate, made expressly for the benefit of Grantee and any of its designees set forth in such notice, confirming (i) compliance or non-compliance, as the case may be, with the Parking Condition at that time, and (ii) if the right of entry is then exercisable, whether or not the right of entry has been exercised. Any such estoppel certificate shall be made on any form that Grantee may reasonably prescribe in its request notice, including the incorporation of an acknowledgement for putting the estoppel certificate in recordable form. If the Grantor fails to execute and deliver any requested estoppel certificate within the prescribed 10- 613848.5 RCF75H 2 day period, Grantee shall be conclusively deemed in compliance with the Parking Condition at that time. 2. Grantor further reserves for its benefit an easement in and upon the Property for subjacent support for the surface of existing Hanson Ranch Road as it overlies the Property (including portions of Hanson Ranch Road as reconstructed by Grantee in connection with the Project). The foregoing provisions limiting the Grantor's right of entry will not be applied or construed to limit this easement for subjacent support, which will take effect as of the date of this Deed and continue in effect on an uninterrupted basis in perpetuity. This easement for subjacent support will be further governed by the following provisions: ' (a) Grantee acknowledges that it will be reconstructing portions of Hanson Ranch Road overlying the Property in connection with the Project. In that regard, the Grantee agrees that the Grantor, in connection with the requisite construction approvals, may require that the pertinent portions of Hanson Ranch Road be so constructed that paved street sections can be widened without requiring additional structural modifications, and that pavement, curb, and gutter shall be so constructed that they can be removed and replaced without physically affecting Project structures located within the Property. (b) As part of this easement for subjacent support, the Grantee covenants that the Property and the development of the Project therein will furnish adequate support for overlying Hanson. Ranch Road for the ordinary use thereof for its intended purposes (and this covenant shall run in perpetuity as part of the easement), and that Grantee will be obligated for any damage to Hanson Ranch Road caused by a failure of such support. However, this covenant shall apply only so long as overlying Hanson Ranch Road is maintained in substantially the same condition in which it exists as of the date hereof (subject to Grantee's reconstruction of portions thereof as referenced above), or any other condition that does not materially add to the support burdens imposed on the Property and Project. Grantee will not have any responsibility or liability for .any failure of support which is caused by surface conditions that do not remain in compliance with the foregoing provisions, and Grantor in tum covenants to Grantee that Grantor will not cause or permit any such non-compliant surface conditions that result in damage to the Project, or otherwise cause or suffer damage to the Project arising by, through or under Grantor. (c) Grantee further covenants that it will assume full responsibility for any and all damages incurred to any drainage or other utility facilities of the Town or other utility providers located within Hanson Ranch Road that arise from Grantee's construction activities in connection with the Project. Any and all replacements or repairs of those facilities which are necessitated by any such damage attributable to Grantee under the foregoing provisions shall be made by the Town at the sole expense of Grantee. (d) Grantee shall indemnify the Town and save the Town harmless from and against any and all costs, claims, or damages arising out of any breach by Grantee of its 613848.5 RCFISH 3 obligations and assumed responsibilities under the foregoing provisions of this paragraph 2. . (e) So long as the right of entry has not been exercised under paragraph 1 above, Grantee, at its expense and without cost to the Town, shall procure and maintain in effect a comprehensive general public liability insurance policy with a single occurrence limit of not less than $2,000,000.00, and written on an occurrence basis. This coverage shall expressly name the Grantor as an additional insured, and shall specifically furnish a contractual liability endorsement for the Grantee's indemnity and other obligations under the foregoing provisions of this paragraph 2. This coverage shall not be construed as a limit upon the liability of the Grantee for its obligations and responsibilities under the foregoing provisions. The Grantor, as the owner of Hanson Ranch Road, hereby also grants Grantee a perpetual easement appurtenant benefitting the ownership of the Development Site and the Project that permits the existence and continuing maintenance of any encroachments into Hanson Ranch Road by garage or related improvements developed within or adjacent to the Property, whether such encroachments arise from engineering errors, errors in original construction or any reconstruction, restoration, rehabilitation or improvement, any settlement, shifting or movement of any improvements, or any -other cause of an unintentional nature, provided that any such encroachment may not have a material adverse effect on the ordinary use and enjoyment of Hanson Ranch Road in its current configuration and composition. However, the foregoing will not be construed to limit the Grantor's ordinary exercise of police powers, as a sovereign municipality, to withhold Project approvals for any material deviations between actual construction and approved plans therefor, and to require convection of such deviations, all in accordance with generally applicable requirements of the Grantor established by the exercise of its police powers. In the event any legal proceeding arises out of the subject matter of this Deed' and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other party all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). The terms of this Deed shall be governed and construed in accordance with the laws of the State of Colorado. Exhibits referenced elsewhere herein as attached to this Deed are incorporated herein by this reference. By the Grantee's acceptance of this Deed by its execution in the space furnished below, the terms of this Deed shall be binding upon and inure to the benefit of Grantee and its successors in interest in the ownership of the Property (and all references herein to the Grantee shall be deemed to include such successors in interest). Each successor owner of the Property (including the Grantee named herein) shall be liable only for those obligations of the Grantee hereunder that accrue during the term of such owner's ownership. Furthermore, during any times that the Property is subject to an owners association (established under CCIOA or otherwise), then the individual owners will not have any personal liability for the Grantee's obligations hereunder so long as those obligations are assumed by the association. 613848.5 RCFISH 4 Signed this day of , 2004. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State ofColorado ATTEST: Lorelei Donaldson, Town Clerk STATE OF COUNTY OF By: Name: Title: ss: The foregoing instrument was acknowledged before me this day of 2004, by as of the Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Joinder of Grantee Follows as Next Page] 613848.5 RCF75H 5 Acceptance of Grantee The undersigned Grantee, VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation, hereby accepts the terms of and shall be bound by this Deed. VAiL ASSOCIATES HOLDINGS, LTD., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this 2004, by as of Vail Associates Holdings, Ltd., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public day of 613848.5 RCflSH EXHIBIT A [To be the legal description attached as Exhibit C-1] 613848.5 RCFISH ~ ~-~ EXHIBIT B Lot P-3, according to the plat entitled "Lot P-3, Vail Village Fifth Filing," recorded March 17, 2004, at Reception No. 871030. 6138a8.5 RCFISH D-1 i 1 i EXHIBIT D VAIL VILLAGE STREETSCA.PE IMPROVEMENTS CONTRACTOR BID TALLY HANSON RANCH ROAD - VA.IL RESORTS STREETSCAPE IMPROVEMENTS January 28, 2004 i LINE DIV. DESCRIPTION ESTIMATED ~ NO. NO. QUANTITY 490 2521 CONCRETE UNIT PAVERS - 80MM 5,800 SF ~~ ~ X90 2810 __....v...~ ~._ _~..,__> ICtRIGATION SYSTEM COMPiETE '_ 1,~90~ _ ..... Sr ~ ~~. ,: ~~ ...: , 830 2y~0 ANNUAL /PERENNIAL BED PREPARATION _ 310 . . SF 840 2950 PICEA PUNGENS, BLUE SPRUCE, 8 FOOT 4 EA 850 2950 POPULUS TREMULOIDES, ASPEN, 4" SPECIMEN 3 EA CLUMP 860 2950 POPULUS TREMULOIDES, ASPEN, 3 " CALIPER 9 EA `. 870 2950 POPULUS TREMULODIES, ASPEN, 2 "CALIPER 7 EA :: 880 2950 BETULA GLANDULOSA, BOG BIRCH, #5 CONT. 51 EA 920 2950 RIBES ALPINUM, ALPINE CURRANT, #5 CONT. 30 EA 930 2950 ROSA FOETIDA'BICOLOR', AUSTRIAN COPPER 16 EA ROSE, #5 CONT. 940 2950 SALIX EXIGUA, COYOTE WILLOW, #i CONT. SO EA 950 2950 SALIX GEYERIANA, GEYER WILLOW, #1 CONT. SO EA 970 3300 COLORED CONCRETE CURB AT HANSON RANCH 50 LF ROAD 990 3300/ COLORED CONCRETE BAND 30 SF 2515 1170 4410 STONE STEPS AT PARK 58 SF 1240 4415 STONE VENEER SITE WALL (ARKANSAS VALLEY 94 LF STRIP STONE VENEER) `{ 1260 4415 LIGHT POLE AND STONE VENEER BASE 3 EA ~..j (ARKANSAS VALLEY STRIP STONE VENEER) 1470 15000 RADIANT SNOWMELT TUBING 5,435 SF , 1480 15000 SNOWMELT SYSTEM CONTROLS 4 EA 1500 15000 SNOWMELT ZONE BALANCING 4 EA 1520 16000 ACCENT LIGHTING 4 EA 1560 16000 EVENT POWER RECEPTACLES 1 EA ~ .. .. . _1 2 TRASH CANS, 1 SKI RACK . :.. EXHIBIT E-1 ~~ -~~;;:- ;,~ ~, ~, ~, 8,7.4' r. ~` SUMMER LOADIN _ r'' _ ~ _ _ ~ ~ ~~~ ~~ ,LOT P-3 ~ -"" -' ~ _- - _ _ _ DEVELOPMENT A~~EMEI~' `" ~ ~ _ _ _ - - -_ -~ ~~`''``~-' ~ , ~ 1 ~~ /~'~ ' + 179.6' ' r~+„~-._-_ ~.~_ _ .. _/\~ -172.4' 1 iii / ~ ~ ~ ' ' ~ ~ .8t8~+~ _ w- _. _ - ~ - 8180.; 1 \ _ \` `~` ~ ~~~.~~' ~/~~/ ~ ~1.~t~' 'rte- r~r ' rr ~ \ ~.~- ~ 4-. \~ __~ 184.7 ~~ ~r~ .r / 8t87.4's~" ~ :'-;~ ~ ~ `" ~~' ~ ~ r "J 1 _ , ~' / tee ~ / - ~' ~ ~ +' Q ~ ' i / t / r \ ~ / ~. '~i'f ~ ~~• .. ~ n 1 1 / ~' ~ ~ \ VNL FESOiiTS r i r ~~• ~ ?~' d'fi~~ L ~ ~ i \ ovweLkr 1~ . ,t. .l I y s tY ~ ` ~ 4 ~ ~ ~ ~ `~ \ \ ~ / V •. \ ~ \ \ ` \ \ \ \1 \ .` . ` ~ ~ ~`\ `; ~` \\ ~1 ~` ~` ~\ \\` ~~\ \` \` ~\ \` ~~~ ` \ ~;+~~ 8193.5' ~~ ;1 ~ .y~ mow/ \\ ~ \ \ ~ ~ '. \ ` \ ` , ~ \ ~, \ ~. ~ \ \ ~. ~~f i ,`.. `` ,:~ ! Div. ~ ` \ `` \ \ , ` \ \ `' ` \, ~ \ ~ ~ \ `~ \ ` \ ` \ ~` \, ~, - -- - ~ ~ ~~°~ft~l ~ °'..~ m... ., EXHIBIT E-2 ~' ~ ~ ~ 9!7.4r _ _ ~ ; ~, LOADING PLAN _ ~-_ - _ " _ - . - _ ! " _ _ - - ~~ ! LOT P-3 DEVELOPMEtV_T "~ E~-"'"~ ~ ~, _ : " - ---__ _ ~ _ ~~ '. 1 `..~/f '`\ ~ __ --''J ~ '~/'~~i ~ '~~ 79.8' ! ~ 81Z5c'S.~-"" ~'. ~_-_, -8172.4'- ~ / ~I / - ~ ( _- ~" ~ 0~ ,i ~ ~ • ~ _~~ ~- ~~.,`-~ r_" _~ ` i`~ ~ "" "-""~ . '' ~ ~2,r ~ "S' ~'•` 8141.0 ~ ~____~ 184.7 \~ ~"" "~ •4• '~ ! '>'~ ~ .,;~;~ :'?..~'~,."~~-'r''4A+"y ~~ ~.,L 1?:P ~~r~,i.~ '•il.1T,',L~r••" _~.i: 1 i ~. / / i ?r Y . ~ :_i~ \\ r Y ~ ~; ,. . ... ~: ," , ~ ;. . .. _ :, . . ..,... :, ,. . .•.~~~ :. ..':~;.~ _ 1 .; , :':::: ,.....,,'..i, .. ,. ,• . .. .: . ...:.... ........~. = a v ,,.`' 919;..,,, ~' , , ,.,,,. ,~. `^' ~ ~_ ~_i : -„~•:... ... _ _ ~ \ ~ ~ ,~ _ ;. ~i u . u_.. ,.. ~,,:° ~,., :. ., ;. .: __..1 . ~ t.•. \ ~ 'h• ~ ;,~ . , , \ ~. : 1 ' ~i i~ \ 1 ~ \ ~ .~ \ ~ ., \ ~~ ~ ~ \ \ \ ~ \ ti \ ` \ ~- \ ` , ~i \ \ \ , _ ~ \ VAl AESORIS " CMAiNt.fl /1 ~ ~ •• 10 BE NE ~ .\ ,, ~ ~~~ "" ~\ _+ri i •~y~ / '~ ~ ~ - ~~~1~. . . i.,: ~ . ~`i'~ ~ l \ :~_ ..t~ , `\, -- ;' ~: .:; ~ _ ' `~~''•'" E1YSIMG `~ ~~~' 9tI STpUGE fJ]J~ ~~ ~ -~u .1- IOCItEFtS ~ .' i"-_~ i i i i " i ~ /~ J EXHIBIT F PARK EASEMENT AGREEMENT . THIS PARK EASEMENT AGREEMENT (this "Agreement") is made as of the day of ~ , 2004, by and between VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation ("Owner"), and the TOWN OF VAIL, a municipal corporation and political subdivision of the State of Colorado (the "Town"). FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants to the Town, and the Town hereby accepts, an easement (the "Easement") upon, across and over the "Park Area" (defined below) for the use and enjoyment of the same for recreational purposes that aze consistent with ordinary uses for public parks within the Town that are of a size commensurate with the Park Area, including, but not limited to, picnicking, sight-seeing, and bird watching (the "Pazk Uses"), and also for the subjacent support of the surface of the Park Area by those underlying subterranean azeas owned by the Owner. The "Park Area" shall mean that certain real property in the Town of Vail, County of Eagle, State of Colorado, which is presently owned by Owner and is legally described on Exhibit A attached hereto and incorporated herein by this reference. The Easement is granted and accepted upon the following terms and conditions: 1. The Easement shall be for the use and benefit of members of the general public (collectively the "Invitees"), all of whom shall be regazded as invited guests of the Town for purposes of C.R.S. § 33-41-103. It is mutually intended by the parties that the Owner. have the full benefit and protection of the provisions of C.R.S. § 33-41-103. The Owner specifically agrees that no charge shall be levied upon and no revenue shall be collected from any Invitee for any entry into the Park Area for the use and enjoyment of the Easement. 2. The Owner may limit and regulate the scope and extent of the uses to be enjoyed as Pazk Uses, especially given the limited size of the Park Area, as determined by Owner in its ordinary business judgment (including, without limitation, regulations and limitations to protect the Owner's interests in relation to the Pazk Area), but after good faith consultation with and due consideration of input from the Town, and provided that such limitations and regulations must be generally uniform in nature and may not discriminate between the Owner (or its successors) and the Invitees in the proper enjoyment of the Pazk Uses. In connection therewith: (a) The Owner may post notices of pertinent limitations and regulations. Any infraction of any posted limitation or regulation, or any use or activity within the Pazk Area that is unlawful or materially inconsistent with the intended purposes of the Easement, shall be outside the scope of the Easement and may be regarded by the Owner as a trespass upon the Park Area. The Owner will have rights against the pertinent Invitee(s) to exercise such remedies as may ordinarily be available at law or equity for a trespass, and may also preclude access to affected portions of the Pazk Area for appropriate periods of time and resort to other lawful self-help remedies in order to prevent the continuation or; or mitigate the effects of, any such trespass or series of trespasses. Owner will consult in good faith with the Town before exercising any such self-help remedy (except in cases of emergency necessitating immediate action, as determined by Owner in its ordinary business judgment). 606416.7 RCFlSH (b) In connection with any enforcement action for a trespass, Owner will be entitled to recover, from the trespassing Invitee(s), Owner's costs of enforcement, including attorneys' fees. Enforcement of Owner's rights. under this pazagraph 2 will be at Owner's sole election, and Owner will have no obligation to enforce its rights for the benefit of the Town or any Invitees. Owner will have no obligation to the Town or any Invitees to establish security for or otherwise police or manage activities within the Pazk Area. The Easement rights in favor of the Town will include the right to come upon the Pazk Area and enforce its laws as it may do so in any public place; provided, however, that the Town agrees that it shall solely beaz any liability that may result therefrom, and that it shall pay any sums, costs or expenses, including attorneys' fees, that Owner may incur in coruiection with any such liability or claim thereof. The Easement will not include any rights of the Town to improve or make alterations or modifications to the Pazk Area. 3. Notwithstanding the Town's acceptance of the Easement grant hereunder, the Town shall not have any obligation or responsibility for maintenance of the Pazk Area, and any maintenance to be undertaken will be borne solely by or through the Owner. Any landscaping.or other improvements to the Pazk Area will be undertaken in accordance with the generally prevailing legal requirements of the Town as applied to the Park Area (including any arising under any applicable design or development plans approved by the Town). 4. The Easement shall be non-exclusive, and the Owner will retain all rights to use and enjoy the Park Area for any uses or purposes that are consistent with the Pazk Uses as established hereunder. In any event these retained rights may include, without limitation, the following: (a) The construction, installation and location within the Pazk Area of paved walks and stairs (and snowmelt facilities therefor), landscaping, pazk benches, and other furnishings and improvements associated with pazk or pedestrian uses. Owner will also have the right to alter, modify, maintain or remove any such landscaping, furnishings or improvements from time to time. All furnishings and improvements that may be undertaken shall be in accordance with the Town's generally prevailing development and design requirements, as applicable. (b) Utilities uses, and specifically (and again without limitation) the grant of easements to utility suppliers for the location, use and enjoyment of utility facilities within the Park Area. (c) The construction, modification, alteration, maintenance, use and enjoyment within the Park Area of a pavilion building, vehiculaz entrances and exits, stairs and stairways, and other improvements and facilities (collectively the "Pazking Appurtenances") that provide access to or are otherwise associated with the use and enjoyment of subterranean parking garage facilities to be located in part under the Park Area (the "Garage"). . As part of the Owner's rights under paragraph 2, Owner may establish and enforce rules, regulations and measures (including security systems) for purposes of limiting access to and the use and enjoyment of the Parking Appurtenances to owners of interests in the Gazage and their invitees. 606416.7 RCASH ~ 1 5. Nothing herein shall be deemed or construed as a grant or public dedication of the fee ownership interests in the Park Area, and the Owner shall retain those fee ownership interests in all respects, it being the intention of the parties hereto that the sole property interest conveyed hereunder is and shall be the easement rights in favor of the Town that constitute the Easement, as the same is governed by the other provisions hereof. 6. The term of this Agreement and the Easement shall be in perpetuity; provided, however, that in any event the Town shall retain the power and authority to amend, modify or terminate this Agreement and the Easement pursuant to any further agreement made mutually with the Owner, which further agreement may be approved and adopted by the Town by resort to the same procedures by which this Agreement has been approved and adopted by the Town. 7. In the event any litigation or legal proceeding arises out of this Agreement between the Owner and the Town and is prosecuted the final judgment, the prevailing party. shall be entitled to recover from the other (and the presiding court will be bound to award) all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees. 8. This Agreement shall be binding upon and inure to the benefit of the Town and the Owner and the Owner's successors in interest in the ownership of the Park Area. References herein to the "Owner" shall mean from time to time. the party or parties that aze then the owner and holder of record fee title to the Pazk Area. No Owner shall have any liability for obligations, if any, accruing under this Agreement following the term of such- Owner's ownership. Rights to enforce the Easement will be and remain vested solely in the Town, and no Invitee shall have any enforcement rights. The Town may not assign or delegate the Easement or any of the Town's rights or obligations hereunder, and at Owner's election any purported assignment or delegation by the Town will be null and void ab initio and/or constitute a breach by the Town of this Agreement. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 10. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. (Balance of page intentionally left blank] 606416.7 RCFISH 3 IN WITNESS WHEREOF, Owner and the Town have made this Park Easement Agreement as of the day, month and year first above written. VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation By:_ Name: Title: STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 2004, by as of Vail Associates Holdings, Ltd., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public [Signature Blocks Continued on Next Page] 606416.7 RCFlSH 4 TOWN OF VAIL, a municipal corporation and political subdivision of the State of Colorado STATE OF COLORADO ) ss: COUNTY OF EAGLE ) By: Name: Title: The foregoing instrument was acknowledged before me this day of 2004, by as of Town of Vail, a municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public 606416.7 RCFISH 5 EXHIBIT A Legal Description for Park Area [To be completed consistently with the final platting for the Project] 606416.7 RCflSH A-1 A ORDINANCE NO. 11 Series of 2004 AN ORDINANCE VACATING A CERTAIN PART OF THE SYSTEM OF PUBLIC WAYS OF THE TOWN OF VAIL, COLORADO, I.E., A SUBTERRANEAN PORTION OF HANSON RANCH ROAD CONTIGUOUS TO LOT P-3, ACCORDING TO THE SUBDIVISION PLAT ENTITLED "LOT P-3, VAIL VILLAGE FIFTH FILING", AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Director of Public Works and the Director of Community Development, have found and determined that the public use, convenience and necessity no longer require within its system of public ways that certain subterranean portion of public right-of-way legally described as athree-dimensional area or space on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Way"), which Vacated Way constitutes a portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing," and recorded March 17, 2004, at Reception No. 871030 ("Lot P-3"); and WHEREAS, the Town of Vail's vacation of the Vacated Way is necessary to accommodate subterranean garage facilities that Vail Associates Holdings, Ltd. ("Vail Holdings"), as the owner of Lot P-3, is constructing as part of a real estate development project on Lot P-3 (the Project ), which subterranean garage facilities will extend into the Vacated Way; but for the vacation of the Vacated Way (title to which will vest in Vail Holdings as the adjoining owner), Vail Holdings could not proceed with the development of the Project; and WHEREAS, in order to appropriately confine the use of the Vacated Way to the Project, the Town of Vail will retain a right of entry into the Vacated Way if its use in connection with the Project ceases, which right of entry shall be in accordance with and subject to the applicable terms of a bargain and sale deed to be executed and delivered by the Town to Vail Holdings (with Vail Holdings' joinder), and confirming the vesting of title to the Vacated Way in Vail Holdings (hereinafter the "Vacation Deed"); and WHEREAS, the Vacation Deed will further contain provisions governing the mutual use and enjoyment of the Vacated Way and the remainder of Hanson Ranch Road in certain respects; and WHEREAS, the Town of Vail gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Vacated Way, as legally described as athree-dimensional parcel of real property on Exhibit A attached hereto, is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vaif; provided, however, that this vacation shall be Ordinance No. 11, series of?004 subject to the right of entry in favor of the Town of Vail and other terms that are to be set forth in the Vacation Deed. .. _ _ echon 2 In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way shall vest in Vail Holdings; which is the owner of the real properties abutting the Vacated Way. By way of confirmation of and without limiting the effect of the foregoing, the Town of Vail shall proceed'to execute and deliver to Vail Holdings; with Vail Holdings' joinder, the Vacation Deed which, among other things, shall evidence the vesting of title in the Vacated Way in Vail Holdings, and also reserve to the Town of Vail a right of entry under appropriate circumstances where the Vacated Way is not used or ceases to be used for the Project. Town Council hereby authorizes and directs the Town Manager, on behalf of the Town of Vail, to execute and deliver the Vacation Deed to Vail Holdings (with Vail Holdings' joinder) containing such terms and provisions as the Town Manager; after consultation with the Town Attorney, considers to be necessary or appropriate in furtherance of this Ordinance. Section 3. If any part, section, subsection; sentence, clause or phrase of this Ordinance is for an reason held to be invalid, such decision shall not affect the validity of the remainin y Ordinance; and the Town Council hereby declares it would have passed this Ordinance,f and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. _. Section 5. All bylaws;- orders, resolutions and ordinances, or partsthereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. I I, Sereis of?004 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of April, 2004. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 20th day of April, 2004, in the Municipal Building of the Town of Vail. ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL the 4h day of May, 2004. ATTEST: Rodney Slifer, Mayor, Rodney Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 11, Sereis of?004 3 ;~ EXHIBIT A Leal Description A Parcel of land located in the Right-of--Way of Hanson Ranch Road,. Vail Village, Fifth Film according to the Plat thereof recorded November 12, 1965, at Reception No. 102538 in the offs e~ of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as athree-dimensional area bounded by upper and lower surfaces whose perimeters aze described below, and bounded on its sides by vertical surfaces connecting the perimeters of those upper and lower surfaces: For both the upper and lower surfaces, beginning at the Southeasterly comer of Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing" (recorded March 17, 2004, at Reception No. 871030), whence the Northeast corner of said Lot P-3 bears N 07°14'02" W a distance of 133.48 feet, which constitutes the Basis of Bearing for this legal description, and with elevations for this legal description being based on HARN station "Spraddle", having an elevation of 8287.82 feet (NAND 88); Lower Surface Boundary Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Ri ht-of- Way line of Hanson Ranch Road, said line being the Southerly boundary line of said Lot P-3, 32.76 feet along an Arc of a Curve to the right, having a Central Angle of 15°37'04", a Radius of 120.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly boundary line of said Lot P-3; thence vertically downward to a point at an elevation of 8153.0 feet, being the True Point of Be~_ for the lower surface boundary; thence S 82°45'58" W a distance of 36.79 feet to a point at an elevation of 8153.0 feet; thence N 53°15'06" W a distance of 52.41 feet to a point at an elevation of 8153.0 feet; thence ascending vertically to a point at an elevation of 8155.0 feet; thence N 53°15'06" W a distance of 28.00 feet to a point at an elevation of 8155.0 feet; thence ascending vertically to a point at an elevation of 8156.5 feet; thence N 53°15'06" W a distance of 49.50 feet to a point at an elevation of 8156.5 feet; thence N 09°25'45" E a distance of 16.18 feet to a point at an elevation of 8156.5 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of 41.13 feet to a point at an elevation of 8156.5 feet; thence S 53°06'19 E a distance of 16.42 feet to a point at an elevation of 8156.5 feet; thence downward vertically to a point at an elevation of 8155.0 feet; thence S 53°06'19" E a distance of 28.00 feet to a point at an elevation of 8155.0 feet; thence downward vertically to a point at an elevation of 8153.0 feet; thence S 53 °06' 19" E a distance of 46.58 feet to a point at an elevation of 8153.0 feet; thence 32.68 feet along an Arc of Curve to the left having a Central Angle of 15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8153.0 and the True Point of Beginning for the lower surface boundary. Unner Surface boundary Beginning at said Southeasterly Comer of said Lot P-3; thence along the Northerly Right-of- Way line of Hanson Ranch Road said line being the Southerly boundary line of said Lot P-3, 32.76 feet along an Arc of a Curve to the right, having a Central Angle of 15°37'04", a Radius of 120.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly 613848.3 RCFIBH 04/5/04 5:00 PM boundary line of said Lot P-3; thence vertically downward to a point at an elevation of 8191.0 feet, being the True Point of Be~irmin~ for the upper surface boundary; thence S 82°45'58 W a distance of 36.79 feet to a point at an eleyation of 8191.0. feet;_thence downward vertically to a point at an elevation of 8190.0 feet; Ne53° 5 06'1 W a; distancee of 8.49 feet to a to a point. at an elevation of 8189.9 feet; thence point at an elevation of 8189.9 feet; thence N 53°15'06" W a distance of 28.51 feet to a point at an elevation of 8188.2 feet; thence N 53°15'06" W a distance of 62.35 feet to a point at an elevation of 8184.0 feet; thence N 09°25'45" W a distance of 16.18 feet to a point at an elevation of 8184.0 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of 41.13 feet to a point at an elevation of 8187.2 feet; thence S 53°06' 19 E a distance of 29.27 feet to a point at an elevation of 8189.5 feet; thence S 53°06' 19 E a distance of 25.77 feet to a point at an elevation of 8189.4 feet; thence ascending vertically to a point at an elevation of 8190.4 feet; thence S 53°06' 19 E a distance of 35.96 feet to a point at an elevation of 8190.8 feet; thence 32.68 feet along ari Arc of Curve to the left having a Central Angle of 15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8191.0 and the True Point of Be~innin~ for the upper surface boundary. 613848.3 RCFISH 04/5/04 5:00 PM i ~; ~r da~k~ n P~3 1RE G - ` ~ ~4"' v 1k~ a~, ~ X11 Y4~~ ~ BIOdC LOi L1t d 1ED a} R w tMC nAr ` ~ ~N ~~ ' ~.. :.~~~~r ~ rM , 4 ~ ~ ' r$ ~ '~~ n~ t~, , _ ~ ~, ~~N"~ X ~v ~ Sj~. ~ ti.4+1,#,~t w~ '',~ ~f-. ~ 3 ~~ fy,44 ~~ ~~ r, ~~ ~ ~a~1 r~ ~ IJNE TABLE \kJ /P ~~ "" ~, ~~?~~`a~~a lrE LEHCiN BEAAINC ~ ~ -+ ~ ""~ CURVE TABLE aRV[ oE~T,- RAOws ua~oni CI TA1i~r OiDRD Cs1ORD BEARIND C2 15~4'S7' i 17 ZTT3~ 16.AB' ~ iT0.17 X288 IB.44 Sl.E6' N76R0'4Y'W c~ a2.ser Neusa4s"w iP.08. I+PlER 6UiiALE BDYNOMI' iF.[iH. I~P~[R i0YN0ARY y ~? fn w VILLA VALHALLA ~ CONDOMINIUMS _ APART OF LOT j ~°°` }~~ N BDOf 711 Al ME 716 Y0011 M AT PAS q 1 u~aY~ JL^ILI' /L'R!~ t YONIAIfL'N7' L6CdlVO ~ i~ ~ ~ ~W ~ vA®r a~ ~~~ ' } O cocas 1nr a au~ ya, r.~ nur EaLIiIBTT -LOT 1 BELOIf SURFACE THREE DIH8N8IONAL PARCEL - - -~I .. -: f FINAL PLAT PARKING THREE DIMENSIONAL SUBDIVISION, VAIL VILLAGE FIFTH FILING A TI//tEE DIMENSIONAL RESUBDIVISION OF LOT P-3 AND A PORTION OTOWN OFivVAIL, COUNTY FGEAGLE, STATE OF COLORADO !F7lI F/LINC, flLC9L ~rv1LI i .r.tK.f~r4~~iY[ilyi]gaau.f•'0''irLr.nl~r~,~n 1 i • w wYAtt w4. ¢aL raCIP ~sl ..+.s U v ur a.vn a .... war. -lwlol.r Di oaaauaiai Ow iy ` 1 - ~ ..:« wu a .w~a rv .'.fro: n :.'", o..•. n<wMeLLd mf vi tro ~Ia Mi •i)Wno rl n.~ni'•1 aN1VnWw a~n ~ w el i~a+Kar*A`.i"'.'VSO"ww w i~c :. 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PARKING THREE DIMENSIONAL SUBDIVISION, VAIL VILLAGE FIFTH FILING A THREE DldlENSIUNAL RESUBDIVISIUN OF LOT P-3 AND A PORTION OF IiANSUN RANCH ROAD RICIIT-UF-WAY VAIL VILLAGE FIFTH FILING, TUiVN OF VAIL. CDUNT3' OF EAGLE, STATE OF COLORADO 1~~ ~ ~~ ~ _ l ____ _~_ \ ~ LUT I ' ~ , .''w ~ _,~ na.._4 • ~o~ rva ~ ~ ~ ~~~ ' / ~ :~~`. ~I~ W 1 ~~ ~ i ~ / ~ /~~' . - ~ ~ ~ ~ ' LOT K w...-4 I o, ~..... ~a ~ \ ~ - aT ~ L y ~ ,n VILLA VALHALLA \ /' ~ ~• `~c: ~ Y `d t'9"^"\ ~'m ! COHOO4WIUM5 ' . ~ ~'~ 1~ ` Yn ~ 1 APART OF LO7 (ac r[rr ~t 4y • R a W ppMt i ~ 1~ 0~ ~ rym .-y , . -~ et vws Tat.. w .01m a °' "aur n :'Q o 1 6 ,. T ~~ / ~~~4 ' CB RNyUA p0~ /~ / \ 1t~ta\itQ1 Wf4~ H~NS~Lp IWV / / I. / / I I I ~ i ~ I I I ~ CRAI'HIC SCALE I I ~ -~.~`~._.. _. I » I _ - Iot n+T) I L.e . rr a C.AIK -~ fAl t. -___--~CUIr\ti TANL- [ '~ . ~~-_ Nt;~Li tLri:Tl T41G(MT ~~ q~FO frGVwG -~:- ,'. 'ate a~j• - ~. _ ~~...- -~,.., na._ _taeL .i ., --" _..~r.Lrn. .mea_ pjP ~ UNE TA -_.._.._ . _ Via-- gir~r .-, '~'~' ~~~ _:ifL ~ ui ~ ~uora ~ acAnwc IIPd'1llf-xr-max-ter -IYO fE 1'1 ~ f . -IZI~L_ ~C,aC_ - LI 4 I.W. ... Y.u wM1 Y\vr pM1 u. n_ -'15J11:Y_ .V.f . --1.7!_ _.ji _ f~ ours w wr nr is ~"a (. nasa @ ~ws rur .. at ouaw '~ Im uu > Ia. rTa w+m. auu SHd'ET Y nJ ,7 a( r 1 FINAL PLAT PARKING THREE DIMENENONoNac xgDUBDSv~NoNvoFLLOTL~s AN IFTH FILING A TIIREE DIM _ A PORTION OTOwlV OFNVAILNCCOUNT~ OFCEACLE, STATE OF COLORADOIFffl FILING, '.~ ~o~ ~ ~ ' 1 __ _ - LC1T'_1_1,lUUND~Ix}' DF%:dll. ~ukE Ci:EEv, pFr ,.~ 1~~ `~w .ur 57551'2) E _ ... SB2'Jl'10'E - x.96' I f l0T Z ~ I ~ " .....w. l ~ 1 < 1 ~Y , n _~ ~I ~ S n.. r' ~J~~D I ~ I a16'~9'48 R~120.1T _ L~JS.JO' _ un rr cR-3s n' CB~H61'31'1YW SBT'45'S9'1'7 - 19.23' Lpl~ ,~_~nl~Nn.~RY nCLiIL LOT 2 ~ t TRACT A 69.29' 1 61.15' 1 I 1 °¢ ~ TRACT A ' '~ 161.5' ( I I I ~ I S ~ C ON DC AIL T wr n rn.+ y.68' l0T 2 1 o,.1QF;'.}r~ lo.-"' "rte" ':~ \~ - _ ~~~ _ ~ ~ ~. - - ~ - n I a 0 rc W U 0 L Q TRACT A~------ ~ W 1N.tS' I O W N a ~ I x u ~C'ON ~ ' f wr n rur SHE6'T 9 nJ MEMORANDUM Apri127; 2004 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: March Sales Tax - - On the reverse side, please find the latest sales tax worksheet. I estimate I'll collect another $33,000.00 in March sales tax to bring March collections to $2,339,440.00. If so, we will be down 1.41 % or $33,502.00 from March 2003 and down 2.39% or $57,399.00 from budget. The ski season (November -March) would reflect an increase of 4.5% or $417,171.00. A total of $5,085,822.43 has been collected for the conference center, $2,562,234.31 from lodging and $2,523,588..12 from retail sales. March lift tax is up 3.00% or $17,449.00 from March 2003. So far, for the ski season (November - Mazch) lift tax is up 6.5% or $138,187.00 from last ski season. Year to date (January - Mazch) lift tax is up 10.2% or $161,270.00. onth 993 994 995 ' 1998 897 998 Town of Vail Sales Tax Worksheet ar27~oa 1989 .2000 2001 002 003 001 Budget Col/ectlons Change Budget bom Verlence Y003 Change /rom Budpat January 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,017,203 2,220,371 203,168 11.18% 10.07% February 1,828,766 1,614,495 1,816,107 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,111,163 2,132,423 2,357,899 225,476 11.69% 10.57% March 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372,942 2,396,839 2,306,440 (90,399) -2.80% -3.77% ,, ~. Total 5,672,220 5,870,858 5,850,002 6,170,036 6,723,234 6,636,557 6,503,147 6,803,772 7,145,739 7,054,978 .6,481,196 6,546,465 6,884,710 338,245 :6.23% 5.17% ,, April 864,303 794,668 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 880,244 May 257,248 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 433,238 June 475,161 548,820 590,685 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 750,235 July 811,538 892,830 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,086,363 August 825,954 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 1,039,813 September 560,535 725,205 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 686,048 October 400,525 408,405 461,791 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 513,209 November 553,681 594,491 611,147 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 597,223 December 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2,139,417 2,171,098 2,192,962 Total 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 14,725,800 . s '.~. ~', ~ ,. / ' ~-~ i __ _ i ~ ~ ~ ~~ ~ ~ ~rvY`~'7`T`~h/l^~_r' ~, ~ i / j 'T ~ _ ~' ~~a~ ~~y ,:~j_-_._~~_ __~ _ ~_ _/ _- _- - _~~ __ r ~~ _-___ _ r'_'! ~. ~,-. ~ ~ < 1 -- ;~.. -~ ;i }~ ~. r _~ _- r-~--==~ _ __ ___ _~ _ __ ~, f -J - __'-~ ._ -- - .:. ~. - ~ r ,; ~ ~ _ - . i ,~ --- ` _ .- r~/ ~ y~ ~.~ ~~ f- _ ~~ _ it ~, 4^"II -_ _ _ _ ~ _ ~ ^~~ ~ J- ~ _-_ i ~ 3726 ~~ `~74 ~ ~~., '° ~~~"~.... ,- - ~- - _ ~-. .~,_. v"' o _ ji `_5~ J ., L~ ~ ti,~cL v SAN--~ •~` ~R~.-~ ~ ______. :~`~- ~_-- _... ~-- -__ -..._ ___._ _ _ ~` - ocre ~U~awAy J - - 8300 -_ ___ _._ ..1288_ // ~ ~ ~ ~, - _ ~ ,. ~_ ,,, ~ ~ ~, _ ,~ . - , ~ ~ ~ \ MEMORANDUM To: Vail Town Council From: Vail Local Housing Authority Date: May 4, 2004 Subject: Middle Creek Village Update The Vail Local Housing Authority ("VLHA") would like to take this opportunity to update you on the current status of the Middle Creek development. Throughout the planning, preconstruction, and construction phases of development, the VLHA has been monitoring progress via regularly scheduled meetings with the developer (Coughlin & Co.) and o ur o wner's r epresentative, Ar chitectural R esource Consultants "(ARC"). As events warrant, the VLHA also meets with the general contractor, Shaw Construction Construction Schedule The original construction schedule called for groundbreaking May 1, 2003 with building completion by the beginning of ski season, 2004. Some minor administrative delays caused groundbreaking to be pushed back until August 28, 2003. An abundance of large subsurface boulders and the presence of a significant underground stream have caused some scheduling changes. However, the builder and development team have made appropriate adjustments to the schedule, and it appears that the entire project will be completed in November, 2004 Development Budget The original construction budget was $24,005,000. The aforementioned site development issues have been handled within the contractor's and developer's contingency budgets. With most major risk factors out of the way, it appears that the entire project will be completed within budget. Early Childhood Education Facility ("ELC") As a part of the Request for Proposal (RFP) put out by a prior Town Council, a stated criterion was "provide an early learning center meeting the needs for 65 full-time students with afive-day-a-week operation from lam to 6pm on site." Specifically the RFP calls out the following specifications for the ELC: 1. The facility should be allocated approximately .84 acres of site area. 2. The building square footage provided should be 4,575 sf in either one or two stories. 3. Accommodation of parking for 20 cars that are "close in". 4. A drop off is needed separate from the parking area. 5. Provide 35,000 sf of hard surface area (for total parking and drop-off). 6. Provide a playground of 4,500 sf with 2 different surfaces and including a 150 sf shade structure. 7. Provide 9,000 sf of additional open/green space to satisfy zoning requirements. Subsequently, as a part of the development agreement negotiated with Coughlin & Co., the developer is obligated to provide the Town a building approximately 4,600 square feet (plus appropriate parking facilities) which will be suitable for use by a provider of early childhood education. The negotiated maximum expense to the developer for this facility is $1,000,000. . The VLHA (with ARC and the developer's architects) met regularly with various representatives from ABC School/Learning Tree/Children's Garden of Learning, and consulted with Angela Mueller (a childcare consultant, former director of the Learning Tree, and past director of the Children's Garden of Learning) on appropriate design criteria for the building. Throughout this extended design process, it was stressed to the various representatives of the ABC School/Learning Tree/Children's Garden of Learning that the VLHA would cause ownership of the new building to be transferred to the Town of Vail and that any lease of the facility would come from the Town. Additionally, it was suggested to various representatives of ABC School/Learning Tree/Children's Garden of Learning that it would likely be necessary for the school to engage in a significant fund- raising campaign so that as the eventual operator of the ELC they could fully equip the building to suit their needs and cover the expenses associated with relocating. ELC Schedule and Budget As with the affordable housing component of Middle Creek Village, the ELC was affected by site conditions and increases in materials costs. Fortunately, like the housing component, at this time, it appears that the ELC will be delivered on schedule to the Town (November 1, 2004) and on budget ($1,000,000). ' Attac:hmPnt~ Attached are a summary of the housing component of Middle Creek Village and a rendering of the ELC. You can also find out more information about the rental component of the development at www.middlecreekvail.com. Summary The Vail Local Housing Authority believes tha contribution to the community of Vail, and infrastructure necessary for a revitalized resort. on-time and on-budget developments in the Colorado requirements. At the end of the improvements will revert to the Town of Vail. Middle Creek will become a significant will be the first completed piece of This development will set a standard for Town as well as meeting Built Green 50-year land lease the property and Please contact the VLHA if you would like further information. Attachment A Middle Creek Rental Units Unit Type uantit Rental Rate Studio Units 45 $546 to $757* One Bedroom 29 $803* Two Bedroom 24 $955* Three Bedroom 44 $1634 to $1792 TOTAL UNITS 142 * Income restricted units / The income restrictions are as follows: One Person = $32,200 maximum annual income Two Person = $36,840 combined maximum annual income Three Person = $41,400 combined maximum annual income / Units can only be leased to individuals. There will not be any master leases. / The units can not be condominiumized and sold separately. / Each unit includes its own storage locker (sized for each unit type) located in the parking garage. / Of the 247 parking spaces provided 211 are in the parking garage. ATTACHMENT B Early Leaming Center (South Elevation) Middle Creek Affordable Housing Development Plan ~*2~3lApril 2003 Vall, Colorado (~j SH~N111 w COUGHLIN BL COMPANY INC. Early Leaming Center (East Elevation) Early Leaming Center (West Elevation) Sunday, May 2, 2004 . That's rich: Most- agree. fat-cat ranking a mistake By Jason Blevins Denver Post Business Writer Take a guess at Colorado's rich- est county: Pitkin, home to Aspen? Eagle, with its gated Beaver Creek? San Miguel, with tony Tellu- ride? How about Douglas, with the manicured links of Castle Pines? No. No. No, Close, but no. The. Internal Revenue Service says Colorado's richest county is Clear Creek; home to the hardly bustling burgs of Idaho Springs, Empire, Georgetown and Silver Plume. With residents reporting an aver- age adjusted gross income of $95,002 on .IRS tax returns for the tax year 2001,. the latest year the data are available and ranked, Clear Creek County is the nation's sixth- richest county in America. So says the IRS. "Our jaws dropped when we saw that," says Clear Creek County As- sessor Diane Settle. "I don't know where that data came from, but I can emphatically guarantee you that it is wrong," says Dave Reid, a real. estate bra ker who has worked in Clear Creek ' County for seven years. "Something is very wrong with that information," says Peggy Stok- stad, executive director of the Clear Creek County Economic De- velopment Corp. In fact, the IRS says Clear Creek County has ranked in the top three richest counties in Colorado and in the top 10 richest in the country since 1996. Surely something is amiss. Ac- cording to the latest U.S. Census data from 2001., the per capita in- come is a little more than $28,000 and the median annual household income is just. shy of $51,000. ' Transactional Records Access Clearinghouse, a statistical analy- sis institute at Syracuse Universi- ty, compiles the annual list of rich counties. It shrugged all inquiries over to the Internal Revenue Ser- vice. But first, clearinghouse co-di- rector and Syracuse statistician Su- san Long speculated, maybe -a pocket of extremely wealthy coun- ty residents was skewing Clear Creek County's total reported ih-- come. ' The upper Bear Creek and Evans Ranch enclaves on the unin- corporated eastern edge of the county are home to several big earners, including -Ron Askew, marketing chief at Coors Brewing Co. Craig and June Ponzio, who sold the nation's largest custom picture-frame business, known as Larson-Juhl; 'to Warreg Buffett's Berkshire Hathaway in an undis- closed cash deal in 2002, also live in Clear Creek. So does profession- al golfer Craig Stadler. .. County Assessor Settle has note seen any seismic shifts in assesses value over the years, however, which means that if there are fiber-wealthy families calling Clear Creek County home, they ha- ven't built one of those Aspen-es- que mansions worth $25 million tl'r more. Even if there are a few multimil- lionaires huddling in Clear Creek and skewing the county's income, they aren't wealthy enough to e~- plain the ranking. A more likely culprit is the IRS data itself. In a county of about 9,400 resi- dents, the IRS says more than 90 percent of them, or about 8,675,. filed tax returns in 2002: That's twice. the rate reported by other top-ranking counties. That leads Clear Creek County sleuths to the following deduction - the IRS has incorrectly incorpe~ rated Jefferson County',s richest ' Evergreen residents into its Clear Creek count. David Jordan, the head statisti- cian at the IRS's Statistics of In- come Division, has enlisted the U.S. Census Bureau to help him in- vestigate the mystery. "The county has shown relative- ' ly steady growth in income," Jor- dan says. "It >s curious though. But we don't have many cases where the numbers are inaccurate." ; ><~ ~ COf~.w~ 3K iK GhaOaDC~ih... ~ cp r C7 st st ci y ~+ m to tC t0~ M W a O m r` N C r ~ v o ~U m d ~ Z ob m e e o co o co cn 'S ,,,~; ~ Oa'~t1raDN ®o ~vr.w.coao q 4 !orn~v~~t m m~XN d N- o'~ off; a ~a~ °• ~ ~.m ~ v ~ ~~ ~ Y c OmO yVj ' 7 :a ~ ~ .r, y m m ~ co r M co ca +-~ `° c a ~.~ C NZZ ~ ~ oo m w ° ~ ~ Z ~~~ U c? '` ~ Oy.1 ,C ~ ~ ®NNt70D1~ ~ ~: ~ ~ m ~ Fooou7w~r ~ ~ c' m v ~ ~r ~P ao c ai `~ ~ oc' ~ m 5~~~~~ ~ ~ v c O m~ y O ... ~+ y ~ cLi•~~a m ti L ~ mU «~.UR `m y~~ ' o ~ ~ a ~ ~ a>ca c c,~ ~ Ls ~,~¢ °m°woa~c~~ ~ Uvoamc~ v° ;;_~ VAIL ASSOCIATES HOLDINGS, LTD. c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 May 4, 2004 BY HAND DELIVERY AND E-MAIL Russell Forrest, Director Vail Reinvestment Authority 75 Frontage Road Vail, Colorado 81657 Re: Request for Proposals ("RFP") issued April 16, 2004, by the Vail Reinvestment Authority ("VRA") for Acquisition and Development of Lot P-3, Vail Village Fifth Filing ("Lot P-3") Dear Russ: This correspondence constitutes the required transmittal letter for and submission of a proposal (the "RFP Proposal") by Vail Associates Holdings, Ltd. ("Vail Holdings"), pursuant to the RFP, to acquire and develop Lot P-3. Vail Holdings is currently the owner of Lot P-3. The conveyance and acquisition pursuant to the RFP would take place following VRA's acquisition of title to Lot P-3 pursuant to a condemnation of Vail Holdings' interests therein. Initially, Vail Holdings will substantiate in the RFP Proposal that it satisfies the "Qualification Conditions" in the RFP, and then describe its proposed development. First Qualification Condition (first bullet point in paragraph 3 of the RFP): "The Respondent (by itself or together with its affiliates) must have first-class experience and expertise in developing and operating premier ski resorts and associated hotel/lodging accommodations and real estate developments in the State of Colorado, and preferably in the Vail Valley." Vail Holdings is a wholly-owned subsidiary of Vail Associates, Inc., both of which are within a family of affiliated corporations, the parent company of which is Vail Resorts, Inc. (collectively, "Vail Resorts"). Historically Vail Resorts, as originally constituted and as it presently exists, has developed and operated both Vail and Beaver Creek ski mountains and their base ski areas, both of which are widely regarded as first-class (and even preeminent) ski resort facilities in Colorado, the USA, and the world. Vail Mountain and Vail Village recently received recognition from Ski Magazine as the best ski resort area in North America. 617451.2 RCFISH Russell Forrest May 4, 2004 Page 2 Those ski mountain developments and operations have been complemented by Vail Resorts' involvement in various and diverse high-end residential resort developments in the Vail Valley (both as a master land developer and "vertical" developer), including Beaver Creek; Bachelor Gulch; Red Sky Ranch (which also includes high-quality golf course developments); the Mountain Lots at Arrowhead; Golden Peak residential units in Vail; and the Arrowhead Alpine Club. Vail Resorts has also been heavily engaged in hotel/lodging developments and operations in Vail, Lionshead, Beaver Creek, and elsewhere in the Vail Valley. It is one of the owners in connection with the redevelopment of the Lionshead Marriott; has participated as one of the owners and developers. in the new Ritz-Carlton hotel/condominium facility in Bachelor Gulch; and owns and operates The Pines Lodge in Beaver Creek as well as The Lodge at Vail, which is generally regarded as the "flagship" hotel facility in Vail and the Vail Valley. Vail Resorts has further expanded its ski resort holdings by its acquisition and operation of the Breckenridge and Keystone ski areas in Summit County, Colorado, and is in the process of planning and implementing major complementary real estate developments. Vail Resorts already owns and operates the Great Divide Lodge in Breckenridge. Second Qualification Condition (second bullet point in the RFP): "The Respondent and/or its affiliates maintain significant business ties in the Town of Vail, including an active ongoing business that is not limited to real property ownership, development and/or management, and owns other development projects or sites within the Town." Vail Resorts' active ongoing business of conducting the Vail ski mountain operations constitutes a concern that is vital to the economic well-being of the Town of Vail. Vail Resorts would also contend that its business as a hotelier, in connection with the Lodge at Vail, entails a highly. sophisticated business undertaking that. should not be regarded as merely real property management, and again is instrumental in supporting and facilitating Vail's reputation as a first-class ski resort community. Vail Resorts owns various significant development or redevelopment sites within the Town. Those include the following: • The area commonly known as the "Front Door," where Vail Resorts intends to develop a new skier services facility to act as a "portal" to Vail Mountain, together with residential condominiums, a ski club, and other related facilities. • The Lionshead site commonly .known as the "Core," on which- Vail Resorts plans to develop afive-star hotel, together with residential condominiums, restaurants and other commercial retail facilities, an ice skating rink, and other related amenities. 617451.2 RCFISH Russell Forrest May 4, 2004 Page 3 • The Lionshead area commonly known as the "West Day Lot," which is planned for another high-end hotel, and a mix of residential condominium, duplex and/or single- familyprojects. • The Lionshead site commonly known as the "North Day Lot," which has been targeted for office use, and also employee housing and perhaps a public transit center, both of which would furnish obvious societal benefits to the Vail community. Third ualification Condition (third bullet point in the RFP): "The Respondent must commence construction of the Project, as approved for Lot P-3 by the Town of Vail as of April 20, 2004, including any executed development agreements, no later than May 15, 2005, provided the following events have occurred: The Town of Vail has provided all necessary regulatory approvals including approval of a building permit; The Respondent has obtained all necessary approvals from adjacent property owners; The Respondent has entered into a satisfactory agreement with holders of any easements encumbering the Property." Vail Holdings will accept this Qualification Condition, and by virtue of the development approvals that Vail Holdings has already secured from the Town of Vail (which are highlighted below), Vail Holdings must necessarily be in a better position than any other Respondent for purposes of satisfying the construction requirements under that third Qualification Condition. If Vail Holdings is selected as the successful Respondent under the RFP, Vail Holdings is proposing to develop on Lot P-3 a subterranean parking garage facility, with -the individual parking spaces therein to be "condominiumized" and sold to individual buyers. This project would satisfy a very significant market demand in the Vail Village community for this type of product. The subterranean garage facility will be complemented by additional parking on a portion of the surface, plus an adjacent open space/park area that will be allocated to public use by agreement with the Town of Vail, but for which the Town will not have to bear maintenance responsibilities. The provision of this sort of green space, as well as the substantial parking capacities that will be furnished, support and foster clearly stated public policies and goals in the Town of Vail Master Plan. The Town has readily recognized the attractiveness of this project and the resulting benefits that will inure to the Town and its citizens. The Town initially sanctioned the project in concept by approving Vail Holdings' application for rezoning Lot P-3 to allow for the 617451.2 RCFISH Russell Forrest May 4, 2004 Page 4 parking and open space uses (which were not permitted under the pre-existing zoning). Upon the heels of an exhaustive review process, the Town's Design Review Board, on November 19, 2003, gave its approval of detailed design plans and documents for the undertaking of this project (those plans having been prepared by 42/40 Architecture, the architects of record, under Project No. 20830.01). Vail Holdings has proceeded further and secured the Town's approvals of construction drawings and specifications for the project (including substantial related public infrastructure that again will benefit the Vail community). As set forth in the RFP, Vail Holdings, as the current owner of Lot P-3, will receive full credit against the required Purchase Price for Lot P-3, not to be less than $3,500,000. Should VRA select another third-party Respondent as the successful bidder under the RFP, then the Purchase Price paid by that successful Respondent must be immediately paid over to Vail Holdings upon VRA's acceptance of that third-party proposal. As required by the terms of the RFP, Vail Holdings is enclosing fifteen (15) copies of this proposal by hand delivery. Vail Holdings looks forward to the completion of the RFP process. [Signature block of Vail Holdings follows on next page] 617451.2 RCFISH ., • Russell Forrest May 4, 2004 Page 5 617451.2 RCFISH Very truly yours, VAIL ASSOCIATES HOLDINGS, LTD. ,'.. ~. ~: Town of Vail's New Conference Center Response to RFP for Owner's Representative Apri! 27, 2004 Q M10 An0ahoY Ava. ~ SuN~ 220 ~ BoulOn, CO 80703 ~ (703~M7-0770 ~ Fay (707H17-1500 Architectural Resource Consultants, Inc. Rt Architectural Resource Consultants, Inc. 0 P.O. Box 3133 ^ Vail, CO 81658 ^ (970) 949-5100 ^ Fax (970) 949-5599 Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Mr. Forrest: April 21, 2004 Architectural Resource Consultants, Inc. (ARC) is pleased to be considered to provide project control services for the Town of Vail Conference Center currently under way. ARC is your best choice here for many reasons: • We have the Best Team We have a very qualified and highly motivated team. ARC maintains a fully staffed local office, which is actively involved in the construction of over $100 million in mountain projects. • We Know Construction in .the Colorado Mountains ARC has completed 500 projects in the Vail Valley extending back over a decade, is very experienced with this logistically difficult environment, and we understand the specific challenges of this site. • We Know Large Projects ARC has worked on dozens of projects where individual buildings cost over $100 million dollars, and understands the intricacies of not just the construction cost of these projects, but the unique owner's budget, construction procurement and schedule that go along with them. • We Know this Project ARC began studying this project three years ago, and has been actively involved with every team working on the various iterations that evolved over that period. We understand the site, the easements, the utilities, the neighbors, and the history of decision-making. No firm has spent more time analyzing the associated cost than ARC. • We Know the People and the Process ARC has worked for years with the key players on this project team, and understand how they work and what they need to be supported well. We know the Town of Vail's approval process. We fully grasp the expectations, can anticipate the next steps, and accurately predict the best budget because of this. • We Contribute to the Community ARC gives time and money back to the local Vail Valley community. We're members of the Vail Valley Chamber and Tourism Board, started the Eagle Valley "Backpacks for Kids" program, and actively support the local Habitat for Humanity, the Betty Ford Garden, Children's Garden of Learning, Eagle River Cleanup, etc. Mr. Russell Forrest Town of Vail April 15, 2004 Page 2 of 2 • We're Fun to Work With We keep our sense of humor in difficult, high pressure situations, and know how to perform in dynamic environments. ARC cultivates a team environment. Project control provided by ARC is an invaluable tool for insuring both an on-time and under budget project completion. As this project bears many similarities to projects ARC has successfully completed in the past, it is certain your organization will benefit substantially from our involvement. Thank you in advance for your consideration of ARC for this significant and exciting opportunity. Si e I~ hris Sq Via Cc: Scott Brown Penny Cox Mark Huff M:\Marketing Materials\o3. Proposals (filed by project)\02. Current Proposals\ToV -Conference Center\RFQ 22 APR 04 Fin- '• •- ^••____. ..._ „__.., . ~ ..,., ,...__ r. Architectural Resource Consultants, Inc. Hand delivery T~WN~F'Y~C '~ ToV's RFP Requests & ARCs Responses '~"~~t' 9 ~- The following text in black is taken directly from the 08-APR-04 RFP, with the location of ARC's response shown in blue: 5. THE CANDIDATE'S QUALIFICATIONS A. Please provide the following information about the employees your firm proposes for this project. Senior Proiect Member: • Current resume of the Owner's Representative team leader. • Include a list of projects completed by this individual. • Key qualifications that make this individual an ideal "fit" for the Town of Vail and this project. The Senior Project Member being proposed is Mark Huff. His resume, represen- tative project list, and qualifications are all located under Tab Three. Support Staff Members assigned to this project: • Current resume for support members. The resumes of ARC's support members are included under Tab Three. • Roles and responsibilities for each team member A "Roles and Responsibilities Matrix" is also provided under Tab Three. B. Provide an organizational chart showing the proposed staffing of this project by your firm, and the relationship to the Town of Vail, developer, design team and contracting team. A "Organizational Chart" is provided under Tab Three. Page 1 of 3 _ Rr. Architectural Resource Consultants. Inc. ,~, t,. /}y~}~'/~1 /~}1 f ToV'sRFP:Requests-& ARC's Responses (cont'd) ~~ f~ ` C. Provide the qualifications of the proposed operations and management expertise on the team, as follows: An overview of the firm including but not limited to time in business, number of personnel on staff, accounting personnel on staff, and administrative support personnel. An "Overview of the Firm "is located in this section (Tab One). • Current resume that outlines experience related to managing and providing owners repre- sentative services for design and construction of public facilities. An "Overview of the Firm" is located in this section (Tab One), and a sample of experience is also shown in the "Mountain Project List "under Tab Four. • List of projects managed by this individual, together with owner and phone number for each project shown. Each resume has a sample of projects by that individual, and references (with phone num- bers). D. Minimum number of hours per week this individual will be specifically dedicated to this project during the project. This information is located in the "Fee and Reimbursable Calculations" under Tab Two. 6. PROPOSAL SUBMITTAL A. Provide your firm's anticipated fee to perform the services described herein. The fee for services is outlined in the "Proposal -Executive Summary" located under Tab Two. B. Show a basis for calculating this fee, including anticipated staff time, by hours per week, devoted to this project, broken out by individual. The basis for calculating this fee is located in "Fee and Reimbursable Calculations" under Tab Two. Page 2 of 3 R< Architectural Resource Consultants. Inc. See the "Fee and Reimbursable Calculations" worksheet under Tab Two. B. Provide itemized list and your proposed cost (either lump sum or hourly rate) for optional services that may be of benefit to the Town of Vail but are not identified in the Scope of Work of this RFP. See item numbers 19 to 27 in the "Proposal -Detailed Narrative" and "Hourly Rates" under Tab Two. C. Provide the hourly rate schedule for individuals proposed in this project to be used if the Town of Vail wished to increase the scope or frequency of services. See "Hourly Rates" under Tab Two. D. 12 copies of the proposal should be submitted to Russell Forrest, Town of Vail, 7.5 South Frontage Rd, Vail, CO 81657 by April 27, 2004. ARC has submitted fifteen (15) copies on time. E. Individuals or companies responding to the RFP should notify Russell Forrest prior to April 23, 2004 that a proposal will be submitted to the Town of Vail. We notified Mr. Forrest via email of our intent to submit prior to 23-APR-04, and he confirmed receipt. Page 3 of 3 _ ~'Z Architectural Resource Consultants, Inc. _ ~C Architectural Resource Consultants, Inc. .,....-....e.,..,...~+.-. cu unw~.u.. r,.~ww.,w. Architectural Resource Consultants, Inc. (ARC) was founded in 1984 in Boulder, Colorado, and incorporated in 1986. Our firm employs between fifteen and, twenty personnel on sites throughout Colorado. About half of this staff provides pre-construction services. These include, but are not limited to owner's budget and tracking system set-up, master and sub-project scheduling, value engineering., guaranteed maximum price validation and constructability review of design documents. We also assist owners in selecting architects and general contractors, as .well as negotiating their contracts, with an eye towards increasing accountability of the design and construction team. ARC utilizes over half of our team members at multiple sites throughout Colorado providing construction services on over $300 million worth of construction. This includes, but once again is not limited to providing monitoring, tracking and project status reports, schedule analysis, change order negotiations and validation, pay application analysis, etc. ARC has completed over six billion dollars in construction project control consulting in almost two decades. In the process we have saved literally millions of dollars for owners. These savings have been achieved through "owner-friendly" procurement process design, value engineering, design document constructability review and contractor contract price validation. In the process, ARC has generated a great deal of respect from owners, designers, general contractors and subcontractors for our proactive approach in problem prevention, thorough, detailed cost analysis and budget tracking reports. Mountain and municipal construction projects are a specific specialty of ARC. • We have demonstrated an outstanding ability to budget, schedule, and control numerous mountain and municipal projects. • Navigating the political waters of these projects successfully, as well as bringing them in on time and under budget proves ARC's people and methods deliver results. • Quality projects of unsurpassed standards as well as proof of hard-nosed savings can both be found in our Mountain Project resume and References section. In conclusion, ARC has proven track record of benefits that accrue to the owner, their project, and their project team, which contribute to providing value for the owner's construction dollar throughout the project. a~ f s~^ 7 `A~ 7 ~' A~ 7 g ..'?n ~: '~ ar T,.-.K f~4, , i+?'" 'f f-:U~ ~, l~ S~~i~~ Y~ "~ ' ,~ ~j a^'- {~ t.. ti~ , ~,y,.' _ ~~F~ 7 f~,:,., ~tyh3a+ = a:~~~x<:~.~ ~ ~~' ~~ ~,y{~a X _ r ~'~° r±!i~ ~ { (,•.N .. '/ \+t- Architectural Resource Consultants, Inc. ..,....,..s.... ~.. »........ ~o.,., . ~.,~ ,.».... ~a,,..,,v. ,., Town of Vail Conference Center ~' '~ ~ Proposal -.:Executive;.S,ummary TC)~'N (hF YAiL ' Mr. Russell Forrest Town of Vail 75 South Frontage Road ' Vail, CO 81657 Dear Mr. Forrest: f »t Wit, r~ _., ~ ~' ,;~~~~~~ April 27, 2004 Architectural Resource Consultants, Inc. (ARC) is please to be considered to provide project control and risk management services during preconstruction and construction for the Town of Veil's Conference Center current under consideration. The "executive summary" for preconstruction and construction services is as follows: Services Fee One Time Tasks During Preconstruction $ 39,160 Overall Owner's Budget w/Above Programmatic Estimate w/Above Initial Design & Construction Schedule w/Above Conceptual Estimate w/Above Preliminary Cash Flow Report w/Above Organizational Chart w/Above Schematic .Cost Estimate w/Above Initial Value Engineering w/Above Preliminary FF&E Budget w/Above Page 1 of 2 q `' Architectural Resource Consultants. Inc. ,. ..,,~,,. .._ -.5 Town of Vail Conference`'Center nyrt,~yf (~~v << .Proposal -Executive Summary (continued) ~ "~~„F. 9 1111 Vl F~ ~ ~ ..,. ... .. ,...... . ,.. - ~Aji1 a'.e:~ . ~1~. DT, GC, & FO Team Selection Processes & Contract Negotiation Constructability and Peer Review of Design Pre-Qualification of Subcontractor Candidates Bid Analysis and Award Recommendation GC's Guaranteed Maximum Price (GMP) Validation Scope Coordination and Responsibility Matrix On-going Tasks During Preconstruction On-going Tasks During Construction w/Above w/Above w/Above w/Above w/Above w/Above $ 9,710 /Month (nine months best case) $ 18,340 /Month (fourteen months best case) (Duration of Preconstruction and Construction are flexible, will be driven by ARC to match Owner's goals) Thank you for this opportunity. We at ARC look forward to furthering the mutually beneficial relation- ship between our organizations. ~ , Sincerely, Chris Squadra Via: Hand Delivery Page 2 of 2 n /`~~'~` Architectural Resource Consultants, Inc. %; ~~~~~ ~. w ~ ~ ..' . ._~ ~~~Z, _ Rrla S L~ Ny ~ 4 ' ~ rT ~'~ ~~ n F ..x a Proposal Detailed Narrative ~~ Architectural Fesource Consultants, Inc. ..~..,.,..s.... ~.... ~» ...w. rn. . wnwav..... i+..r.,.,w April 27, 2004 Mr. Russ Forrest Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Mr. Forrest: Architectural Resource Consultants, Inc. (ARC) is pleased to be considered to provide project control and risk management services during preconstruction and construction for the Town of Vail Conference Center currently under consideration. Project control services provided by ARC are invaluable tools for insuring both an on-time and under budget project completion. As this project bears many similarities to projects ARC has successfully completed in the past, it is certain your firm will benefit substantially from our involvement. The proposal for ARC's services is as follows: 1. The project shall consist of the scope shown in and reasonably inferable from the information provided to date. One-Time Tasks During Preconstruction $ 39,160 2. Overall Owner's Budget - w/Above Fee ARC will prepare an Owner's budget, as described below: A. ARC will work closely with the Owner and design team to draft an accurate, comprehensive project budget that covers all categories of Owner costs. B. This budget will include, but .will not be limited to land acquisition, master site development, permits and fees, design, engineering and materials testing, as well as construction, furnishings, fixtures and equipment costs. c. The initial budget assumes all non-fixed furnishings and equipment costs including, but not limited to office furnishings, common area furnishings, kitchen equipment, recreational/playground equipment, computer equipment, tele/data cabling, security equipment; specialty equipment, sound systems, other audio visual equipment, etc. will be included as lump sum line item budgets. These Mr. Russell Forrest April 27, 2004 Town of Vail Page 2 of 18 costs will be prepared as allowances jointly by the Owner, ARC, and the design team with the knowledge that furnishings and equipment costs are subject to variations contingent on Owner-driven preferences and selections beyond the control of ARC or the design team. 3 D. An initial construction cost allowance will be created for this budget using local historic cost models and/or comparable, recent actual projects for the costs of new construction. E. ARC will create and format a draft budget by incorporating the Owner's direct soft costs, construction costs as described above, and the design, engineering, and materials testing fees into one budget. This will then be submitted for review and edits by the Owner, and resubmitted as a final Owner's Budget after incorporating requested changes. Programmatic Estimate w/Above Fee 4 5 This submittal will be for two (2) schemes with one (1) alternate each, for a total of four (4) programmatic construction cost estimates for the project. Please note the following: A. The schemes will range in cost from roughly $30 million to $50 million. B. These estimates will require eleven (11) business days to complete. C. ARC will require four (4) hard copies and one (1) electronic copy of all design information for this work. Additional sheets may be requested as the need arises. Initial Design 8~ Construction Schedule w/Above Fee A design and construction schedule will be prepared by ARC when requested by the Owner and/or design team, and one update of this schedule will be provided at a subsequent date agreeable to the Owner and/or design team. Both the schedule and the update will each require five (5) business days. Conceptual Estimate w/Above Fee This submittal will be a conceptual construction cost estimate for the project. Please note the following: A. This estimate will require seven (7) business days to complete. B. The design information is assumed to be conceptual (3% to 5% complete) at this stage of estimating. M:\Markning\ProposaLs\Current Proposals\ToVConrerenceCrnter\Proposal27-APR-04 ~~; Architectural Resource Consultants, Inc. Mr. Russell Forrest April 27, 2004 Town of Vail Page 3 of 18 C. ARC will require five (5) complete sets of all design information for this work. Additional sheets may be requested as the need arises. 6. Preliminary Cash Flow Report w/Above Fee ARC will integrate the Owner's budget, schedule and conceptual cost estimate prepared above into a prediction of funding requirements by month or by week, at the Owner's option. Presentation quality bar graphs and/or cumulative histogram(s) will be provided in a mutually acceptable format. 7. Organizational Chart w/Above Fee Prepare a draft of a team organizational chart for the current effort, as well as subsequent tb initial financing. Distribute this draft to all team members for their review and comment, incorporate suggestions, and present to Owner for final approval. Prepare presentation quality submittals of the organizational chart for incorporation into the final financial presentation package, as well as copies for the Owners and preconstruction team's use. This organizational chart will show the relationship and lines of accountability among team members, will be designed to increase team member's performance, as well as their understanding of the entire team structure. 8. Schematic Cost Estimate w/Above Fee This submittal will be a schematic construction cost estimate for the project. Please note the following: A: This estimate will require twelve (12) business days to complete, and assumes substantially the same program and design as the previous estimate. B. The design information is assumed to be schematic (15% to 20% complete) at this stage of estimating. C. ARC will require seven (7) complete sets of all design information for this work. Additional sheets may be requested as the need arises. 9. Initial Value Engineering Hourly A value engineering exercise will be included after the schematic cost estimate. Please note the following: A. The cost for this service will be billed on an hourly basis using ARC's standard rates, in addition to the fees above, given the uncertain nature of the level of effort to be required. M:\Marketiny\Proposals\CurtentProposak\ToVCooferrnceCrnter\Proposa127-APR-04 e; Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail April 27, 2004 Page 4 of 18 B: The process and schedule for this effort will be as mutually agreed. 10. Preliminary FF~E Budget w/Above Fee ARC will receive an outline of furnishings, fixtures and equipment from the Owner's design team needed to bridge the gap between the building provided by the general contractor and the operational facility needed by the Owner to be productive. ARC will use this outline to prepare lump sum budgets for each category of FF&E, submit these to the Owner and design team for review and comment, and coordinate their interface with the schematic design construction cost estimate and the overall Owner's budget [prepared above]. After the Owner has approved this budget, ARC will incorporate it into the overall Owner's budget, as well as the cash flow projections for the project. 11. DT, GC, 8~ FO Team Selection Processes & Contract Negotiation w/Above Fee ARC will assist the Owner and/or other stakeholders in three (3) separate selection processes for each of the following firms: Design Team (DT), Contracting Team (CT), and Facility Operator (FO). This will also entail negotiating an agreement with each of these firms. Please note the following points: A. ARC will design and implement a DT, GC, and FO selection process acceptable to both the Owner and other stakeholders. The level of involvement of the Owner and/or other stakeholders can be from none to total, at their sole discretion. Once the process, format, and schedule are agreed to by all participants, it will be adhered to until a DT, GC and FO are selected. B. ARC will prepare a draft of an agreement with the selected DT, GC and FO for review by the Owner, Owner's legal counsel and stakeholders, make changes requested by the Owner, their counsel and/or design team to that document, and submit the final draft to the selected DT, GC and FO for further review and comment. c. ARC will meet with the DT, GC and FO to discuss the proposed agreement, analyze and comment on the appropriateness of the changes to contract suggested by the DT, GC and FO. In addition, ARC will make recommendations for those changes to the agreement to be reviewed and accepted by the Owner and the Owner's counsel that maintains accountability of the DT, GC and FO. D. It is important to note ARC will be providing construction industry knowledge and experience, but will not be providing legal expertise, which is available as a reimbursable expense. ARC also understands that the Owner will have its counsel review the contract during negotiations and prior to execution. M:1Markd ing\ProposaLs\Current ProposaLc\To V ConCerenceCenterlProposa127-APR-04 ~~` Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail April 27, 2004 Page 5 of 18 E. The selection and contract negotiation process will take forty-five (45) business days or less, as mutually agreed by the project team, and assumes reasonably prompt Owner and DT, GC and FO responsiveness. 12. constructability and Peer Review of Design w/Above Fee A constructability review exercise will be included as a part of the design development and final design documents submittals. Please note the following: a. ARC will evaluate and carefully analyze drawings for constructability, completeness, and change order prevention. b. A report will be prepared outlining ambiguities, costly specifications, expensive detailing, required addenda, etc. for Owner review. While reasonable efforts will be used to identify all such recommended changes to the documents, it is understood no amount of review and comment can. result in "complete" or unambiguous documents. ~: c. ARC's process will provide another quality control loop in addition to the design team's, which should reduce document driven change orders by at least 40%. ;t= ~ d. This report will then be sorted into architectural, structural, mechanical, electrical and civil sections for ease of design team distribution, and will be used as a ~~ , quality assurance checklist tool at the next issuance of documents. 13. Pre-Qualification of Subcontractor Candidates w/Above Fee In a negotiated, GMP scenario, ARC will assist the selected general contractor and Owner with the following tasks during the subcontractor bidding process: a. Review the completeness of the proposed subcontractor list .provided by the general contractor; b. Recommend supplements to the above list if required; :~ c. Discuss "Owner-friendly" bidding strategies with the team bid package preparation; d. Review subcontractor pre-qualification data from the general contractor for selected subcontractors; e. Evaluate re- ualifications w' p q ith the Owner's staff, design team and general contractor; f. Assist in preparing the final sub list for bidding; M:\Marketing\Proposak\CurrentProposaLslToVConferrnceCenter\Proposai27-APR-04 ~~` Architectural Resource Consultants, Inc Mr. Russell Forrest Town of Vail April 27, 2004 Page 6 of 18 g. Review the general contractor's proposed Instructions to Bidders, Supplemental Instructions to Bidders and Bid Form; h. Review questions from "the street" during the bid process, and discuss the general contractor's and/or design team's responses with the Owner's staff, design team and general contractor for coordination of and impact on project scope. 14. Bid Analysis and Award Recommendation w/Above Fee ARC will analyze bids received for completeness of scope, schedule compliance, bonding requirements, and reasonableness. ARC will prepare a report for the Owner with risk/benefit ratios for various bid combinations and outline ARC's award recommendations. Please note the following: a. In a negotiated scenario, this analysis is done with the general contractor, and is focused on subcontractor quotations received. ARC will prepare written comments on the general contractor's analysis. b. Ina "hard bid" process, this analysis is focused on the bids received from general contractors. 15. GC's Guaranteed Maximum Price (GMP) Validation w/Above Fee In a negotiated process, ARC will analyze the GMP received from the selected general contractor for compliance with standards of the industry, completeness and reasonableness. ARC will prepare a report for the Owner outlining the specific line items where the GMP costs seem to be outside acceptable parameters, together with a suggested action plan. 16. Scope Coordination and Responsibility Matrix w/Above Fee ARC will work closely with the members of the team currently in place, as well as those added in the ensuing months, to identify distinct design, budgeting, furnishing and installation responsibility boundaries. This scope coordination will be provided in a spreadsheet for review, comments and edits by the entire team, and revised until acceptable to all. 17. On-Going Tasks During Preconstruction $ 9,710 per Month ARC will act as program manager for and adviser to the Owner during the preconstruction process, and perform the following tasks: a. Preconstruction Meetings M:1Mazketing\Proposnls\CurtrnlProposals\ToVConferenceCenttr\Proposal27-APR-04 ~ Architectural Resource Consultants, Inc. Mr. Russell Forrest April 27, 2004 Town of Vail Page 7 of 18 Attend the weekly meeting with the Architect and general contractor and represent the Owner's interests during these meetings, as well as document and report any and all pending challenges to the project's on time and under budget completion that arise. Provide a forum based on a "level playing field" for discussion and resolution of disputes. b. Meeting Minutes Produce minutes from the weekly meetings, showing the cost, schedule, design, administrative, and long range planning issues that arise in each meeting until they are resolved. Each meeting minute item will contain the number of the meeting at which it was first entered, an initial description of the issue, the latest update in italics, the status of the issue, who on the team is specifically working to complete this issue, and the due date of the current individual's work on this issue. These meeting minutes will be written from the Owner's perspective, and distributed to the entire team, as well as those non- attendees that the Owner's staff deems important to receive them. c. Baseline and Periodic Construction Schedule Update Analysis Review and update the baseline schedule prepared by ARC to insure reasonableness, accuracy, constructability, compliance with industry standards, and appropriate granularity and resolution. These schedules will be updated twice per mor}th and tracked against the baseline-approved schedule. In the event that an on-time completion is not shown, require the affected team members to provide data to allow a "make-up" or "recovery" schedule showing an on-time completion by turning on Saturdays, Sundays, and/or holidays as required to put the project back on schedule. This recovery schedule will then be used as the new baseline schedule for the project when accepted by all. ~. Geotechnical and Civil Engineering Team Management Coordinate the geotechnical and civil engineering team's submittal dates and meeting attendance, and make sure the Owner receives recommendations from the Architect regarding their findings. ARC will facilitate a responsive environment, but cannot be responsible for the accuracy or sufficiency of geotechnical or civil engineering work product. E._ Monitoring and Reporting Team members responsibilities and deliverables will be monitored and tracked against the meeting minutes and schedule on a weekly basis, with one formal conference call report to the Owner each week of progress made, and outstanding issues. Follow up with non-performers to increase their level of effort, and weekly recommendations to the Owner of corrective action will be supplemented with verbal reporting of project status to the Owner at least every other business day. ARC will also resource and cost-load the schedule and M:\Mazketing\ProposaLs\CurrentProposals\ToV ConrerenceCenter\Proposa127-APR-04 ~~ Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail generate activity-within-resource reports and cash-flow reports for distribution at weekly meetings. Produce and update a cost and payment status report, showing the original budget, revisions to that budget, and current budget. In addition, this report will show contract amounts, invoices received, payments issued, and current and pending changes to the overall contract amounts, culminating in a variance from the current budget. This will be tracked on a line item by line-item basis in the level of detail and granularity requested by the Owner. An extrapolated cost of completion is typically updated twice a month, incorporating. all current invoices and paid-to-dates, as well as the cost impact of other pending issues that have not yet made it to the paper stage. These reports will be issued monthly, and will contain an executive summary of the project's progress, over and under budget items, outstanding major issues, future risks to the project's progress, and a very detailed cost and payment status tracking log. This report can be provided monthly, weekly, or even daily at the Owner's discretion. F. Cost Control and Project Accounting G. Project Status Report H. Insurance Requirements April 27, 2004 Page 8 of 18 Review insurance requirements and make written recommendations regarding all facets of insurance coverage for the projects. 18. On-Going Tasks During Construction $ 18,340 per Month ARC will continue to act as program manager for and adviser to the Owner during the construction process, and will maintain its provision of all on-going services shown for preconstruction (reference Item #25 above) as well as perform the following additional tasks: A. Project Initiation Work with the Owner and selected general contractor to draft a contract, apply for ,.permits, send out Notices-to-Proceed, and perform other project initiation tasks. Schedule and conduct a construction initiation meeting to review project procedures and discuss mobilization issues with the contract team. Establish standard procedures, standard forms, and daily/weekly meetings mutually acceptable to the Owner and selected general contractor. M:\Markoting\Proposnls\CwTentProposaLs\ToVConferrnceCenterlProposal27-APR-04 ~ Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail April 27, 2004 Page 9 of 18 B. Contractor Mobilization Review the general contractor's plans for temporary on-site facilities, offices, storage, access and security. Assist the occurrence of this activity. c. Monitoring and Reporting In addition to the Monitoring and Reporting identified in Preconstruction Services above, during construction ARC will recommend courses of action to the Owner if the construction contract requirements are not being fulfilled. ~. Project Liaison Advance construction job progress meetings with the owner, Architect and successful bidder(s) to establish and monitor mutual project goals, and generate understanding, teamwork and. effective issue resolution procedures. Facilitate information flow to and from the Architect using Requests for Information from the contractors and routing of inquiries for interpretation of the Contract Documents. E. Periodic Site Review Tour the jobsite with the Architect and general contractor daily, weekly, or monthly, as requested, and take note of any workmanship that is observably below quality standards, as well as document the Architect's comments during this review. Although this will not be "an exhaustive or continuous inspection for quality or quantity", use industry experience to try to anticipate problems and minimize the punch list at completion. F. Coordinate Inspection Agencies and Testing Firms Coordinate inspections by local agencies, the State, the Architect, and the Architect's consultants. Coordinate the Owner's ongoing quality assurance control program testing with the General Contractor's quality control program and construction efforts. It is assumed the General Contractor is responsible for delivering a project per plans and specifications, and the Owner is providing limited quality assurance testing through a third party to spot-check the General Contractor's quality control program from time to time for general compliance with standards of the industry. G. Project Photographs M:\[vlarketing\ProposaLs\Cwrent ProposaLt\To V ConferenceCetuer\ProposaV 7-APR-04 ~~; Architectural Resource Consultants, Inc. Mr. Russell Forrest April 27, 2004 Town of Vail Page 10 of 18 Project photographs will be prepared weekly, and issued as part of the monthly report, with more frequent issuance of these photographs possible if requested by the Owner's staff. Digital project videotaping will also be considered. H. Change Order Cost and Schedule Impact Review and Validation ARC's estimating staff will do detailed analyses of Change Orders presented by the general contractor, reviewing them for detail of information provided, compliance with industry standards, and accuracy of pricing. In addition, each Change Order's impact on the overall project schedule, as well as its impact to specific line items in business days will be validated. This is an especially cogent activity when dealing with weather delays to projects in Colorado. In addition, a Change Order Log showing each Change Order by number and description with the "As Submitted" and "As Approved" amounts, and its current status will be maintained. ARC will carry a Contingency Log showing allocated contingencies and how they are being spent by each Change Order as they are approved. (ARC assumes Change Orders up to and including '/2 % of the construction contract amount as Basic Services; any other analysis will be billed hourly as Additional Services.) Pay Application Analyses ARC will take the supporting information provided by the general contractor and verify its mathematical and contractual correctness, as well as verifying the status of the completion of the project in relation to these items. Uses an earned value concept that is based on a cost-loaded schedule showing completion by percent in each of numerous activities that are easily verifiable by on-site review. Requires lien waiver verification with each Application for Payment, and also carefully scrutinize the job-cost-coded labor reports for all self-performed work for reasonableness and compliance with industry standards. .1. Insurance and Bonding Verification Verify the performance and payment bond is in place with awell-rated carrier, as well as making sure Workman's Compensation Insurance is in place for the general contractor on a monthly basis and spot check Workman's Compensation Insurance for subcontractors on a random basis. K. Communications Documentation Maintain a log providing a record of all written correspondence and telephone conversations, and generate accountability for other members of the team based on their representations in terms of schedule turnaround and other major issues. This documentation will be provided from an Owner's perspective, and with an eye towards preventing future misunderstandings that lead to claims. L. Submittal Log M:\Marketing\Proposals\CwrentProposalslToVConFerrnceCrnter\Proposa127-APR-04 C Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail April 27, 2004 Page 11 of 18 Insure GC is maintaining a log of all submittals for the project, and know at all times where each submittal is among the possible team members, and when it is due. In the event the general contractor, any Subcontractor, the Architect, or any design consultant fails to perform in accordance with the submittal schedule described below, this essential log will be used by ARC in solving the impasse. M. Submittal Schedule Insure the GC is creating, implementing, and maintaining a detailed submittal schedule, issuing it at each weekly meeting for review and comment by all team members. The general contractor, each Subcontractor from which a submittal is required, the Architect, the structural engineer, the mechanical engineer, the electrical engineer, and the Owner should all be entered into a resource table by the GC. Using this resource table, the submittal schedule will be resource- loaded, and the activity-within-resource report thus generated by the GC, which will simplify the accountability in each team meeting for the timely issuance and approval of submittals. N. Furnishings, Fixtures and Equipment Scheduling, Acquisition & Installation Prepare bid packages, solicit proposals from vendors, analyze proposals received, award and negotiate contracts and administrate the implementation of these contracts. Work closely with the Owner's staff and the general contractor to coordinate, schedule, and facilitate the delivery and installation of the Owner- Supplied/general contractor-Installed and Owner-Supplied/Owner-Installed furnishings, fixtures and equipment. o. Punch List Review & Negotiation Work closely with the Owner's staff and Architect to develop the final punch list, producing a schedule with the general contractor for completion of each of these items, work with the general contractor and Architect to develop a weekly program to validate the implementation of the punch list schedule, estimate the remaining cost to complete the punch list items for withholding that amount from the general contractor's Application for Payment (if necessary), and facilitate the sign-off on all these items by the Owner and Architect at Final Completion. P. Owner Start-up and Move-in Schedule Assist the team in applying for and receiving a Certificate of Occupancy. In addition, schedule close-out activities, such as punch list follow up, equipment testing, start-up and occupancy. This level of effort will include facilitating the training sessions for the Owner's facilities maintenance staff on all new..... M:\blarketing\Proposals\CurrentProposats\ToVConferenceCenter\Proposal27-APR-04 ~ Architectural Resource Consultants, Inc. Mr. Russell Forrest April 27, 2004 Town of Vail Page 12 of 18 mechanical/electrical/other equipment, ensuring proper documentation of these meetings takes place, and that the Owner's Operations and Maintenance manuals for the building are properly distributed and in compliance with industry standards. Supervise final inspection and acceptance by Owner. Schedule the staff move-in, and start-up of normal operations in the building, smoothing out the transition from the general contractor's possession of the building to the Owner's occupancy and beneficial use of the building. Record final lien releases from the general contractor and Subcontractors. Provide a formal report for the project, to include the final cost and payment status report, a final comparison of actual versus targeted dates for construction, final master change log, final contingency allocation log, final proposal request log, final field clarification log, final Architect's supplemental information log, final submittal log, a sample of monthly application for payment request, apost-occupancy evaluation report, and any other such information that may be helpful to future administrators in evaluating the success of the construction process for this project. Perform a minimum of two (2) warranty inspections with Owner's maintenance personnel. Provide written reports to all involved. Follow up to ensure warranty items are complete to Owner's satisfaction, for a total of forty (40) hours of warranty work. Q. Closeout Data Acquisition 8~ Presentation R. Warranty Follow-up Additional Services Available at Owner's Option 19. Design Development Cost Estimate Hourly 20. This submittal will be a design development construction cost estimate for the project. Please note the following: a. This estimate will require sixteen (16) business days to complete,. and assumes substantially the same program and design as the previous estimate. b. The design information is assumed to be design development (50% to 60% complete) at this stage of estimating. c. ARC will require ten (10) complete sets of all design information for this work. Additional sheets may be requested as the need arises. Final FF&E Budget Hourly M:UNarketing\Proposals\CurrentProposals\ToV ConferrnccCenter\ProposaL'7-APR-04 ~Z Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail 21 a. ARC will use updateable, time-scaled network logic diagram software translatable to most general contractors' in-house software, and printout a schedule sorted by the Owner's needs. b. ARC will show milestones, activities, durations and inter-relationships between the Owner, government approvals, general contractor, subcontractors, material suppliers, Temporary and Final Certificates of Occupancy, furnishings, fixtures and equipment procurement, Owner move-in, etc. ARC will provide a detailed FF&E budget to the Owner based on itemized furnishings, fixtures and equipment list provided by the Owner's design team. This detailed FF&E budget will include quantities;; unit costs and extensions, together with freight, tax and installation costs as required to allow the budget to accurately project the cost necessary to bring the building delivered by the general contractor up to the requirements of the user groups for full-time operation. ARC will incorporate this detailed estimate into the Owner's budget and the cash flow projections for the project after review and edits by the Owner. Detailed Construction Schedule & Cash-Flow Report Hourly ARC will prepare a project schedule in accordance with the Owner's goals and anticipated abilities of the selected Architect and general contractor. This schedule will be provided as follows: April 27, 2004 Page 13 of 18 c. When this schedule is revenue and cost-loaded, a detailed, accurate cash-flow projection report is then easily available. 22 d. ARC will prepare along-lead item purchase report as part of this exercise. Final Value Engineering Hourly A final value engineering exercise will be included after the Design Development Documents are complete. -a. The cost for this service will be billed on an hourly basis using ARC's standard rates, in addition to the fees above, given the uncertain nature of the level of effort to be required. B. The process and schedule for this effort will be as mutually agreed. 23. Final Documents Cost Estimate Hourly This submittal will be a final documents construction cost estimate for the project. Please note. the following: bL•\Marketing\ProposaLt\CurrentProposaLs\To V ConferrnceCenter\Proposa127-APR-04 ~Z Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail b. This estimate will require sixteen (16) business days to complete, and assumes substantially the same program and design as the previous estimate. c. The design information is assumed to be design development (85% to 100% complete) at this stage of estimating. April 27, 2004 Page 14 of 18 d. ARC will require twelve (12) complete sets of all design information for this work. Additional sheets may be requested as the need arises. 24. Preparation of Project Control Exhibits for Legal Team Hourly a. This task assumes the Owner(s) will create a project directory, schedule and coordinate meetings with the legal team(s), and provide ARC with meeting minutes from those meetings. ARC will work under the direction of the Owner(s) and other stakeholders to create specific contractual milestones and process descriptions that are useable as Exhibit(s) to the agreement between two stakeholder organizations. These exhibits will assist in allowing construction to begin, definition of the process, and facilitating clear agreement on phased turnover dates, occupancy and title transfer at the end of construction. Please note the following: b. ARC assumes the Owner(s) will be coordinating the design team's documents with the legal team's requirements, ensuring the scope deliverables to the agreement are provided in a timely fashion, and information is communicated clearly to the design team as to what the technical intent of the exercise should be. 25. c. ARC assumes the Owner(s) will be selecting legal counsel of sufficient experience and with adequate available resources to represent the Owner(s) during these negotiations.. ARC will make available to this legal team its exhibits in draft form for review and comment, and follow up to insure. the legal team's comments are incorporated into its exhibits. d. ARC will not be responsible for the performance or the diligence of the design team or the legal team.. Coordination of LegallFinancing Team for Approvals, .Easement(s), Titles, and Loan Closing Documents Hourly ARC will facilitate the Owner and the other stakeholders working together to complete the tasks necessary to pursue approvals, necessary easement(s), titles, and loan closing documents necessary to keep within the overall project schedule created above, as it may be updated as events unfold. Please note the following: M:VNarketing\ProposiLc\CurtentProposaLs\ToV CooCerenceCrnter\Proposal27-APR-04 ~t Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail April 27, 2004 Page 15 of 18 a. ARC will, together with the Owner, select legal counsel and other members of the consulting team of sufficient experience and with adequate available resources to represent the Owner during these approvals, negotiations and loan closings. 1 b. This task will include creating a project directory, scheduling and coordinating ~ meetings, providing meeting minutes, and most importantly, providing ARC's s experience and technical knowledge to facilitate this work. c. ARC will coordinate the design team's documents with the legal team's, approval agencies' and lender's requirements, and will run a process which assists in getting the deliverables provided in a timely fashion. d. ARC will communicate clearly to the design team what the technical requirements of each submittal are, and provide checklists for quality control of these deliverables. ARC will make available the team's draft documents to outside resources for peer review and comment, and follow up to insure those comments are incorporated. e. The Owner acknowledges, that despite its best efforts, ARC cannot guarantee approvals, and will not be responsible for the performance or the diligence of the consulting or legal teams. 26. Phasing and Bid Package Preparation Hourly ARC will schedule and coordinate the breaking of the overall master project into a series of subprojects. Please note the following: a. ARC will coordinate the general contractor selection process, the design document preparation process, and the construction easement negotiations with the Owner into a synchronized effort culminating in final document release. b. ARC will schedule and run any coordination meetings required, preparing minutes from those meetings for distribution to all parties as necessary. C. Cannot be responsible for the accuracy or completeness for the drawings produced by the design team. 27. Audit of Contractor andlor Operator Hourly A. Verify all contractor and\or facilities operator costs, payments, invoices and purchase orders coded to the project or facilities budget, and cross-index with contracts. M:\Marketing\Proposals\CurrentProposaLs\ToVConferenceCenter\Proposa127-APR-04 ~ Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail April 27, 2004 Page 16 of 18 B. Examine all contractor and\or facilities contracts, change orders and commitments and reconcile for future potential impacts to the project or facilities budget. C. Prepare report of findings, supported by extensive detailed backup. Present recommendations together with action plan, schedule and approximate cost . impacts. Provide process for staff review of savings and ongoing tasks to maintain savings identified. D. Proivde one year quality assurance program to insure the Owner's staff and stakeholder satisfaction. Startup, goal-setting and monitoring by senior ARC management on a weekly, monthly and quarterly basis will gather feedback about facility performance; ARC efforts will then concentrate on areas providing most value. 28. Please note the above fees do not include the cost of reimbursable expenses. Reimbursable expenses include printing costs, long distance telephone charges, travel expenses, parking, mileage, and shipping costs, and will be billed at cost plus 10%. 29. .ARC assumes timely receipt of complete information in the quantities needed. Ten (10) business day's notice should be given to ARC by the client prior to the desired initiation of any of the services above. The completion date for these services shall be mutually acceptable to both the client and ARC. 30. Please note that Memorial Day, July 4th, Labor Day, Thanksgiving (and the following Friday), December 24th, 25th & 31St, January 1St, are not recognized as business days by ARC. 31. A signed proposal and a retainer will be required prior to initiation of work by ARC. 32. ARC has assumed three (3) copies of each document submitted will be supplied to the client. The labor to prepare more than three (3) copies will be billed in addition to the fees shown above. 33. Labor reports, seminars, employee training, and expert witness testimony, although frequently provided as services by ARC, are not included as part of the fees in this proposal. 34. The meetings with the design team and/or Owner in Vail, Colorado necessary (in ARC's judgment) to accomplish each task shown above, are included in this proposal. Additional meeting time and travel time will be billed at ARC's standard rates. 35. In the event services excluded above are requested by the client, the service and its required travel will be billed at ARC's standard hourly rates, plus reimbursable expenses. Fifteen (15) business day's notice shall be given ARC by the client prior to the initiation M:\hlarkding\Proposals\CurrrntProposals\To VCon(erenceCrnter\Proposa127_ApR-04 ~~; Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail April 27, 2004 Page 17 of 18 of any services excluded above, and the completion date for these. services shall be mutually acceptable to both the client and ARC. 36. The client agrees ~o indemnify, defend, and hold ARC harmless against any and all actions, causes of action, fines, costs and/or claims arising out of or in any way relating to this project not the result of gross negligence or willful misconduct by ARC. 37. Hazardous material abatement is specifically excluded from ARC's scope of work. 38. This agreement may be terminated for the following reasons: A. ARC fails to perform its work as outlined above, or fails to submit work in accordance with industry standards. B. Payment is not made in a timely fashion to ARC for services rendered under this agreement. c. The project is suspended or abandoned by the Owner for the Owner's convenience. 39. Precedent to any termination, the party contemplating such action shall notify the other in writing of specific reason for the impending termination. In the event of 38.A or 38.B above, fifteen (15) business days shall be allowed from the date of notification for the notified party to correct the indicated non-compliance with the agreement, which event shall preclude such termination. 40. In the event the Owner suspends the project for the Owner's convenience, this agreement may also be suspended for a like period of time. In the event of a suspension greater than thirty (30) calendar days, the fees in this proposal shall be equitably adjusted upon resumption of the work. 41. In the event suspension or termination occurs through no fault of ARC, ARC shall be entitled to all costs of work completed to the date of the notice of suspension or termination and all work scheduled for sixtty (60) business days thereafter. 42. ARC shall expect payment within thirty (30) calendar days of the submission of each invoice. In the event an unpaid balance is outstanding at the end of thirty (30) calendar days, it shall be assessed a two percent (2%) service charge, as shall the overdue balance every thirty (30) calendar days thereafter. ARC shall be entitled to the costs of collecting any overdue fees, to include, but not be limited to standard hourly personnel rates, travel time, long distance charges, reasonable attorney's fees, and other expenses. All payments made by the client shall be first applied to outstanding interest .and service charges, and the balance applied to the fees. 43. Owner agrees not to hire or make any offer to hire any employee of ARC or enter in an agreement with any other entity employing a former employee of ARC during the term of the contract or within one year after completion of this contract without ARC's written consent. M:VNarketing\ProposaLt\CurrentProposaLs\ToVConferenceCeuter\Proposul27-APR-04 ~ Architectural Resource Consultants, Inc. Mr. Russell Forrest Town of Vail 44. The fees and durations shown in this proposal are valid for thirty (30) business days. Mr. Forrest, if you have any questions or comments concerning the above items, please call me. If they are acceptable without further modification, please sign where indicated below and FAX' it back to (303) 443-1508. Thank you for your consideration. Sincerely, Chris Squadra April 27, 2004 Page 18 of 18 Mr. Russ Forrest Via: Hand Delivery cc: Tim Brekel Penny Cox Mark Huff M:\Marketing\ProposaLslCurrrntProposals\ToVConferrnceCrnter\ProposaL'7-APR-04 e Architectural Resource Consultants, Inc. yMt d S ~- t r r! i ~/= 1~ 1 ~ 1 1 ~ ,:zi~ K~` h$~~ sY `r -. rag '- ~ .~ '' a F~ ~ -t t ! ~' 4 ~ 3 z r-- ~ ('~3s'f a;r ~ r ( ~ a t ;~x 'i ~~ a~ 7s r1 h t ; r ~ ~ h t (' r Y up 3~ {s~F # >. ~ 4 - ffii 1 d.. ~ S t ! s ( '~ r F a r E{ t i~+.~K `,/rri~ r1'' Llr„~f r n'. 6~ ti lf'a ~!Y 4 dj ^-s e'~ ( ~ h ~ f '7.*pr~~ iff j 7~~^1 V _. 1 Y ~y ~ 4 YF. f ISl~ J 5V e' S a t y - l zt s~~ ~!~'Yt~ .~~'k4 ! 3 7 t I+} 1 y A t C 1 x6 ~ 1, - s f` ~' p 1 ti `~ `~ t 2 , ~ e- t 1 ;! m~F'k~'s3# ~^1 ~~~ ~ ['SL : -k h.: s~r't ~ a`l;ft5~ s i r - r t 2:Ci2~.r'b i e 's t..,! ' ! a r i e _ }} Rte` c tY F~,'~Fa ~ 1 tl s i I r ~ ~ i4 y~ ~ It~7't4 .iC!}'~ 4ds Sd B '~ i> ~ tt Sl;t !1 j :, F I I I,.r Y s 1 e ;~ iy6a'Y ~~~(F~~ ~Ar2 wSS~ tl F 4~1 K!l~4~La, ~~ Lr t i~Q1s ~. r a~~, k 1~ s l,. s i k g l ~ ~~ a i' ~.fi?.~ .r~, ?~r.u.x .e, i~,:l.,u ~`,K, a~ _! 1 t;.yt~ 7 a,. r/ ~'1~ py,.,,:~ ~A~~ ~3'~~' F"~>R34~ ~~}« "rx t~14 ~~~.y1 ~ ~ {. SRru ~ {a ~~' - i ,sY~t A, ~''s _ > ~Zk i, s;,~ 1 i ~~ Architectural Fesource Consultants, Inc. .~ ToV Conference Center - ToV Submittal -Staffing Plan 27 APR 04 Average Hours per Month Description Per Week Per Month Total Resource Assignment for Fee Calcs Ongoing Tasks -Preconstruction Principal 8 35 35 Senior Project Manager 24 104 1 04 Project Manager ~ 20 87 87 Assistant Project Manager -One ~ 4 17 17 Administrative Support 2 9 9 Technical Support 2 9 ~ 9 Other -Estimating 2 9 9 Subtotal: Preconstruction 62 269 269 Ongoing Tasks -Construction Principal 2 9 9 Senior Project Manager 12 52 52 Project Manager 40 174 1 74 Assistant Project Manager -One 24 104 ~ 1 04 Assistant Project Manager -Two 12 52 52 Administrative Support 6 26 26 Technical Support 2 9 9 Other -Estimating 2 9 9 Subtotal: Construction 100 434 434 One Time Tasks Owner's Budget w~,4bove Programmatic Estimate wWbove Design & Construction Schedule wlAbove Conceptual Estimate w~Above Cash Flow wWbove Organizational Chart wlAbove Schematic Cost Estimate wWbove Value Engineering w~Above Preliminary FF& E Budget w~Above Design, Const & Facilities Team Selection wWbove Constructability & Peer Review wWbove Pre-Qual of Sub Candidates w~Above Bid Analysis & Award Recommendation wlAbove GC's GMP Validation w~Above Scope Coordination & Resp Matrix w~Above c:\marketing\proposalslToV Conference Ctr Page 1 of 1 p 2004 All rights reserved by Architectural Resource Consultants, Inc. Reimbursable Expenses Calculations 27 APR 04 Quantity Description \~ ~ Unit Cost Per Week Per Month Total Estimated Reimbursables Preconstruction -Cost per Month 150 651 250 1,085 1 4 1 4 651 0.11 1,085 0.38 4 20.00 4 20.00 Printing Mileage Shipping ~ Delivery Long Distance.Telephone Meals Airfare Lodging Taxis & Parking Other Service Charge on Reimbursable Expenses Preconstruction ReimbursableslMo Construction -Cost per Month Printing Mileage Shipping Long Distance Telephone Meals Airfare Lodging Taxis & Parking Jobsite Office, Telephone, etc. Photos during Construction Other Service Charge on Reimbursable Expenses Construction ReimbursableslMo 500 2,170 2,170 0.11 250 1,085 1,085 0.38 2 9 9 20.00 1 4 4 20.00 Totals 72 407 87 87 N1A NW N1A N1A N1A ~ 65 717 239 407 174 87 N1,4 N1A NW N1A NW wlAbove N1A 91 997 c:\marketing\proposalslToV\ ©2004 All rights reserved by Conference Ctr\Reimbursable Calculator 26 APR 04.x1s Page 1 of 1 Architectural Resource Consultants, Inc. ;l`s®Y y®.V LW ~~ ice' ®~ ~SY ?®~, 9 t e- i t a s :?µ'},~ tr~+J zy Eck { 3 i~ d ~4r ' ~' v`- SU r r ~'~3n.y 1(i't}~'~ F ~ ~ i Y ~ Yr ¢ y ~ f v, ~.. ~ ~:ti a !k t :f.~`I } ur£ •ICf~'v~' ~}~ ~ a~ fi~ N• 31 r• y~~ rf, A~1 gX,*~4~$+e ~yY t -G,rT y~"-,^'; Y: '~~z i r: i ~ 7 1z t ~ U t ~ ~ -` ,.~ 2 s.hr+ ~ x„{ 'i i( ~rk~o~s ~:St iF~ ~a,~ha:?s/ ~ 4s ti ,~~i ~ t -r i,+ r4~ 4 _~ f 4 ~~~ ~.. f, r~z z 3^ r`~4n ~ a ~~an-~.` 4 G ~ } ~dir3 r~he.. b$s f i j~ 1SV' 2~Y' ~ _ i a r _ ~i n 'i .. k u ~a FS rt .i'~~ qa~~s st ~ ~ '~~h i^ 4't-`~' a ~~f-}. ~ ~ ~ .r4 f ~;~. ~ ,~}` -'x J 4 t 4 rs t rt, , Li i G:t s sF ,t:t., ~ ~~~ .~. ,~ 4 .~? 1 ? ~~+'.~E~7 t-;., ' 5,.~, fir.: ~- K ~: e ^, x z t i ~ f a r-t. r .xi ~ , !$'~,~' - rr 7S"s' y, - 5 1~ '~i4S ~ h !'; T F ~k3 1 Y,y 3Y'r - } i 6 l.' ~ 4 +". ~' 4$g k 'k` - 1 ~ l ,.. ~- ~~ ~§ ~ ~ ~ A 'L b.1 S l 1 ~ z- ~' f ~ iz d- 4 ~ 9 * S ~ NF ~.~~~ixAm ~~~ zE ~ ~4 "~ z tksir ~f ~ t3 n~,y~ V°v^9 ~ u`y ~P v ,~ 's ~ f k ~~`itisd ., t` c ~ ~ ti S is } I ~ ~~ K"'',' ~`~n~rk:~n~sat.r. fins, ~r r ~.z+ ~~S r ~ x r1a~u.~' ~.s ~a f ~~ a ~ +, > 1 e .i, > w b ~ ~ 1 ~''' A R~} d`^~' u, ~ ~`~~' k~.lWk~ ~-. ~ r r ~j Ti- ~1 Y l' Ss.~si.`~sF c "~'~ ~ ~~`~ ~ ~r~'7W~'~'7"'_ ~"'c= 'kJa'~H~{hta~ ~F.~..`fir s~ s xs y r i~ ~ ~ ~ 1 's r~ f ~i r'~} L .~~., e vP h P~t~.v,.p ~ .. 1'.aa ~ i'a c.: y .7n ltn s" Hourly Rates t- ~" i.,. ~L; Architectural Resource Consultants, Inc. .~ ®~ 9 Standard Rates Principal $ 115/hr Program Manager 115/hr Preconstruction Manager 106/hr Project Manager I 95/hr Project Manager II 85/hr Project Manager III 67/hr Safety Coordinator 95/hr Project Controls Analyst 62/hr Chief Scheduler 90/hr Chief Estimator 90/hr Civil/Site Estimator 90/hr Mechanical Estimator -Process Piping 120/hr Mechanical Estimator -Standard Systems 90/hr Electrical Estimator 90/hr Senior Estimator 87/hr Project Estimator 79/hr Project Scheduler 79/hr Material Quantity Surveyor 62/hr Project Extranet Lead 95/hr Project Extranet Support 67/hr Technical Support & Auditing 49/hr Administrative Support 44/hr Intern $ 36/hr Please note the following: •: The rates shown above include overhead and profit, and are for normal business hours. Overtime is billed using a 1.5 multiplier on the above rates. •:• Reimbursable expenses and special insurance required by the client's unique needs are billed in addition to the above rates at cost plus 10%. The services and hourly rates of peer review consultants, commissioning engineers, Certified Public Accountant and/or an attorney specializing in construction procurement are available upon request. These professionals would be provided under the supervision of ARC's project control staff. ~` Architectural Resource Consultants, Inc. _~ _~ ~_ ~_ 141 [f l l UT~ P~ ' ,." 44 , `~.~ e,~ ::~ ,. ~ ~~~ ...: 4r to ~' t k~ 4~4~~._ r ~ I_. ' .~ .. A W: ~' ~` . i ~ ~~ ~ , ~ ~ y ~ Y ~' { ~ ? r ~, ~.14. ` _ . 5'f~fl ~~' ~ . ~t Architectural Resource Consultants, Inc. ..~..,.we......... va ....... m »,e, . wv~.:v.. c.. ~w>ru.w. ®~. ~. i. `-•~ .~~ 1 tt >~,,~ ~a ~a~ .- tip x~ ~,v~,,'}~} 1 ~ TI a. t r ru..~! 4 § ~ i'~' c. ~ ~. a9 ~+ ~ ~ a ~,~~~ i ~t+Cy ~ 'rH ~ h wr,.4 4 '.i.. ,t~~' i ~" Town of Vail Conference Center ~I~ ~~ ~ ~ ~ 13YY'Yfl - M: Markel ing~ProposalslC urremProposalsl Town OfVai ICon IerenceCemer~OrgChan ~c .,t ~ a t ' - a 'fi _ "y, ~ 27•APR-04 RP, Architeaural Resource Consultants, Inc . ~........_ . ~.. a .. W.. <o.., . ~.,... ~.h..~ m 1' ~~1 1 Li ~ 1 ~ i k'~ I-', Y ' ~~~; :1 - . A ~_~ e •1 _ _ ~? st^r1 h ~~ ~ E'i'a~';kt ~ ''j t iiE ~ _ fry, f ' e i'. . ~. 1 ARC Project Team - ~~ Architectural Resource Consultants, Inc. ..,......... ~......~..,.. e...... ~o..n wi.u.,b.,..i..wa,.e, Town of Vail Conference Center ARC's Project Controls Team 27-APR-04 -- - r• - ~~ _~ _ . ... .. t. ~.... .~,_'~_ .. ~r. Architectural Resource Consultants, Inc. M:Marketing\Proposals\CurrentProposals\ «„ .,.,......,.,.»,.,. ,~,,,,»,,,,,,«,<»,.,..,,,,,«,.,,,, To V C onf a rence Cente r ~OrgCha rt-ARC ProjeclControlTea m D ~ ~ Mr. Huff has over twenty-five years of constructionexperience. His resume of projects spans seven continents and over two decades of diverse and challenging project control situations. Mark Huff-Senlor Project Manager His commitment to excellence, client satisfaction and on time and under budget performance goes unmatched in ARC's experience. The assignment of Mr. Huff to this project will help ensure definitions of success are met for the entire project team. Related Project Experience Town of Vail Conference Center Planning Team Member Town of Vail Catellus Development Corporation Village at Avon Avon, CO Mixed Use, Retail and Infrastructure Jacobs Entertainment The Lodge Casino, Black Hawk Major Hotel and Gaming Facility Roll International, Inc. The Little Lake Lodge, Aspen 20,000 sf Custom Residence Amgen Biotech Manufacturing Lake Centre & Longmont Facilities Multiple extremely difficult, complex projects Longmont and Boulder, CO 42.5 Million 71.4 Million 68.7 Million Confidential Confidential Timber Ridge Affordable Housing Confidential Cost Validation Team Leader Vail, CO References Russ Forrest -Town of Vail - 970-479-2146 Troy Wright -Amgen Inc.-- 303-401-2733 John Goings -Black Hawk Gaming - 303-582-1771 Dave Grunenwald -Jacobs Investments - 216-861-4080 Ray Pittman-Landmark Properties-303-468-4600 2004 All rights reserved by Architectural Resource Consultants, Inc. City of Boulder Underground Parking Structure 240,000 sf Boulder, CO Amgen Biotech Manufacturing Lake Center & Longmont Facilities Multiple extremely difficult, complex projects. City of Westminster Public Safety Center 75,000 sf Westminster, Colorado City of Westminster Library 15,000 sf Westminster, Colorado Battle Mountain High School Eagle-Vail, CO References Molly Winter -City of Boulder - 303-413-7317 Janice Kraft -City of Westminster - 303-430-2400 Alan Miller -City of Westminster - 303-430-2400 3.5 Million Denis Humphries -Humphries Poli Architects - 303-607-0040 Don Grody -Bennet, Wagner &Grody - 303-623-7323 12.9 Million Confidential © 2003 All rights reserved by - Architectural Resource Consultants, Inc. r, . I '. ~~~;. ., _ ~ ~ ~~ Tim Brekel -Project Manager '~~.' ~ .. ;. ~ ,.. , Mr. Brekel's work ethic, construction .experience & frugality were instilled in him in the farming community where he grew up, & ~ .Education & Training carried through his education at the Colorado School of Mines. A sense of fairness and value of a dollar followed him to ARC,. where • Civil Engineering he has set standards of performance as the Western Slope Area °; Mechanical Engineering Manager. Mathematics ~`~ Colorado School of Miries, A combination of diligence in the field, diplomacy. in meetings and >1 .Golden, CO outstanding computer literacy have consistently "wowed" owners ~~ • . OSHA 10, Hour Certification from coast to coast. Large, complex projects in politically dynamic environments are the perfect venue for Tim, where he delivers ~ ,, ;~ exceptional value to clients. ~~;~~ ~:;~ Expertise _ Related Pro ect Ex erience ~; 1 P Construction Qbservation y Village At Avon 71:4 Million i • Monitoring and,Reportir~g f Large Commercial Development Including j • Change:fVlanagemert '~~ Infrastructure, Buildings, and Tl I r~.. Punch List Follow-up Avon, CO _ ~- • QC\QA'Coordination x. , ~~ • Procurement Middle Creek Affordable Housing 24 1 Million ~ ~ Scheduling ; .World-class Multi-Family Housing ~~,~~ ~1• Budget Tracking ~; Vail, CO ~. , ~~'" Documentation _ ~- . ,r ~ Construction C'os`t. Estimating Summit School District 2000 Mill Levy 22 1 Million ~ New School and Renovation Projects. ~ ~ ` Summit County , CO Relevant Software , Colorado Mountain College 10.0 Million • Prolog Tracking ~ 40,000 sf New Campus and Infrastructure ~' Primivera Project Planner SureTrak Eagle County School District 9.8 Million • Expedition ,~ ~. ~= Over 500 Renovations in Two Years(!) i • Microsoft Office Suite Eagle, CO ~ ~;;. AtatoCAD .: - ' .Timberline References ~ ~ I Erik Peterson-Traer Creek Development-(970) 748-4983 I Karen Strakbein-Eagle County School District-(970) 328-2747 I Bob Robichaud -Mountain College- (970) 947-8406 Kim Rutuolo -Town of Vail-(970) 476-1631 ~: ' Dr. Millie Hamner-Summit School District-(970) 668-3011 2004 All rights reserved by , Architectural Resource Consultants, Inc. . , ~.: ~~ ~'.t Adam Williams- Assistant,Project Manager Adam Williams is a seasoned project engineer experienced in pre- construction and on-site construction management of large commercial projects. He excels in schedule and progress verification, Application for Payment review, onsite documentation and change order request validation. His "big picture" view and ability to "bird-dog" team members while maintaining a team atmosphere are very effective in getting results. Catellus Development Corporation Village at Avon Mixed use, Retail and Infrastructure Avon, CO Middle Creek Affordable Housing 142 Unit Affordable Housing Vail, CO Eagle County School District 14 Renovations Eagle, CO Good Samaritan Hospital Major Addition and Renovation Kearney, NE Amgen, Inc. Complex, Pharmecutical Manufacturing Facility Longmont, CO Sun Microsystems 800,000 sf Corporate .Headquarters Broomfield, CO $71.4 Million $24.4 Million $1.1.Million $23.8 Million $44.6 Million Confidential References Karen Strackbein-Eagle County School District- (970) 328-2747 Mike Coughlin- Coughlin and Company-(303) 866-9982 Nina Timm-Town of Vail-(970) 479-2144 Mark Ristow-First Bank-(970) 479-3301 Sally Jackle-VLHA-(970) 476-1300 © 2004 All rights reserved by - Architectural Resource Consultants, Inc. ~; ~ ~ _. t. Chris Penney- assistant Project Manager Mr. Penney, as the son of an architect, has been steeped in construction concepts, processes, and job sites from very early on. His specialties are observation during construction, monitoring and reporting, scheduling, FF&E procurement, and OC\QA coordination. This focus is supplemented with his attention to detail, making Chris is an invaluable part of any team. Colorado Mountain College New Campus Edwards, CO 10.0 Million Summit School District Silverthorne Elementary School Summit County, CO Colorado Mountain College Chaffee County, CO Summit School District Facilities Building. Summit County, CO Middle Creek 142 Unit Affordable Housing Avon, CO Solon Project Eagle County, CO Ziering Project Eagle County, CO 12.6 Million 1.9 Million Confidential Kiethley Project Eagle County, CO Confidential References Dan Huennueke-Summit County School District-(970) 668-3011 Ted Klym-TCD Construction (970) 453-3959 Jo Ward-OZ Architecture=(970) 513-7151 Steve Riggins-Summit County School District-(970) 468-6700 Dianne Hobbs-Summit County School District-(970) 668-0631 2004 All rights reserved by - Architectural Resource Consultants, Inc. ,3 1 ~' Michael Holtz-Sustainable: Building & ~1 Y~L :Energy-Management Expert ''Education • Master of Architecture, - ' State- University of New York Michael Holtz co-founded Architectural Energy Corporation in Bachelor of Architecture 1982. Together with Donald Frey, PE, Mr. Holtz oversees all ~' ~ business operations of AEC, project-related activities, defining Ball State University -; the scope of services, ensuring resource availability, and attending and actively participating in project meetings and Affiliations _ activities. He works to ensure that AEC fully meets its • : ;American Institute of Architects, ~',: commitments and obligations, as well as provides quality 'Fellow ~ , " ,~: assurance review of all work products. •::~Amercari Institute of Architects ~; National Committee on the Mr. Holtz has worked full time in energy research, development, 'Environment, Member ~ '~ and design consulting since 1972. He has designed or consulted ~r--• Association of Energy Services in the design of hundreds of energy efficient and sustainable Professionals,; Member. ~, residential, commercial, and institutional buildings, and actively • U S. Green Building Council, participates in organizations promoting sustainable design. ~~ Member «; -~: Intemational Energy Agency, '~ _ Member .. Sample Projects - . • American Solar Energy: Society, Member. ~. ~,, ;,~ ~ ~ ~Mary Cofrin Hall, University of Wisconsin ~,.• International SolarE'nergy ~~ Green Bay, Wisconsin Society; Member'. ,~ ~} § - .: 3 ~. ` ` `- ~ Phipps Conservatory and Botanical .Gardens Expansion ~k{Professional Registrations '~ Pittsburgh, Pennsylvania , ,~~ ': Registered Architect;'State of ~ ~~ "_Colorado,'#2076:. ; s Centers for Disease Control and Prevention -- Building 18 • ;:Registered Arch~itecf, ..State of ~ Laboratory/Office; Atlanta, Georgia Tennessee; #102720 ~ ~ .3, ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~ • Registered Architect,.District of, -, Stapleton Redevelopment Energy Master Planning ~~Columbia, ARC!2608 ~ ~=,. ~ ;Denver, Colorado '• NCARB Certificate Number 21,799 Boulder Community Hospital Foothills Campus =Awards ~ ': Boulder; Colorado '-• ~ 2003`Award for~Technical ~~ ~' .Excellence,. Environmental Kendall Square Building B Protection Agency .~ Cambridge, Massachusetts • '2001 Distinguished.Alumni Award, College of Architecture, Denver International Airport Landside Terminal Ball`State University . Denver, Colorado • 1996 Technical Ment Award; Solar Energy Research Facility Energy .Efficient: Building Assoc Golden, Colorado -1989 and 1990 Boulder County,` , , Energy Conservation Award Corporate Express World Headquarters Broomfield, Colorado Mr. Sabeff is a principal and project manager at EEI for special projects. Most projects personally completed by Mr. Sabeff involve owner's representative services, assisting with design criteria, M/E/P construction management and final commissioning of the mechanical and electrical systems. His technical expertise is focused on facilities engineering, with special emphasis on systems documentation and systems analysis, improving performance and efficiency of HVAC and electrical systems. Typical analysis includes connected loads and demand profiles, physical plant capacities and performance in relation to the demands, age, life cycle costing and conversion potential to more efficient modes of operation. Mr. Sabeff also provides expert witness services relative to mechanical engineering issues. Sample Projects Vail Mountain School Vail, CO Amangani Lodge Jackson, WY Arkansas Valley Regional Medical Center LaJunta, CO State of Colorado State Patrol Headquarters Golden, CO Coors Field Baseball Stadium Denver, CO Safeco Field Seattle, WA EI Camino Hospital Mountain View, CA Seattle Justice Center Seattle, WA Seattle City Hall Seattle, WA ©2004 All rights reserved by Architectural Resource Consultants, Inc. .. . _ Larry Wujickowski=Senior Estimator _. ~ _ , ~~~~ ~ ,. Mr. Wujickowski offers an extensive background in cost control, , scheduling and estimating. 25 years of cost experience, including ~> several billion dollars of projects from coast to coast, give him a strong background in state of the art project controls. As an estimator for civil, architectural and structural components, his contribution to ARC for the last 10 years has been consistently underscored by attention to detail and a realistic approach to design monitoring. Related Project Experience D'Iberville Hotel and Casino 74.6 Million D'Iberville, MS St. Julien Hotel - -24.3 Million Boulder, Colorado Routt County Justice Center 14.2 Million Steamboat Springs, CO References Gus Avila -Wells Fargo Bank - 213-614-4903- John Burkholder - RL Hart Architects - 970-845-2535 Lon Schumacher -Scott Contracting - 303-279-0900 Mike Logsdon -Diamond Back Services - 303-791-1984 Dean Sanderson - Geo International - 817-963-1118 ©2004 All rights reserved by - Architectural Resource Consultants, Inc. ~ .. ,. • Technical Development ~ Sam le Pro ects P I Program United 9 Technologies Carrier City of Westminster Public Safety Center ~ 1~ Westminster, Colorado Affiliations ~ - City of Westminster Fire Station Number 2 Westminster, Colorado ~ ~ ~ American Society~of -' ~' `Professional Estimators; City of Westminster Library ~ ~ Denver Chapter#5- Westminster, Colorado ~ • ..Colorado Society of. °.Certified Publlc :° Denver Police Station #2 9 'Accountants. City and County of Denver ~ " ~; American Iristltute of ~ ,: Minoru Yasui Plaz Remodel ~~ Certified Publlc ' ~ ~ City and County of Denver ~ Accou ntants ~ ` ~ 4 ~ ~~~_~ ~• Lake ForestCollege ~ Integrated Teaching & Learning Lab ~~ ~ `Alumni Association University of Colorado ~ References ~ `Expertise . ~ Mike Code -Pinkard Construction - 303-986-4555 g Auditing Mike Masden -Pinkard Construction - 303-986-4555 ~ Mechanical Estimating ~ Value Ergirieerin9 Jules Martinez -Pinkard Construction - 303-986-4555 ~ Change .Order - , :Validation.: - Scott Yum -Design Mechanical - 303-449-2092 ~: ~ ~ Wendell Young -Design Mechanical - 303-449-2092 _ ©2004 All rights reserved by Architectural Resource Consultants, Inc. ~~ ®~ iY ®~ W = ' - ~` r I ~, ~_ .~ r r ~. r ~~ 4: fir ~k d ie B~=~ ~~ ~ s 6 i~; Y_:, t4 Roles ~~ Architectural Resource Consultants, Inc. Name Role Project Availability Responsibilities Mark Huff Senior Project Manager ARC Team Leader; Client point of con- Immediate tact; Budget and schedule tracking and reporting; Attend all project meetings; Monitor team performance; Address and resolve issues; Insure client satisfaction Tim Brekel Project Manager Attend all project meetings; Support for Immediate Senior Project Manager; "Bird dog" team to-dos; Update budget and schedule; Run validation and auditing team; Construction monitoring, verification, and validation Chris Squadra Principal in Charge Design DT, GC, and FO selection proc- Immediate esses; Procurement strategies; Risk man- agement planning; Contract negotiation strategies; Project claims avoidance Scott Brown Senior Project Manger Constructability Review Team Leader; Immediate Backup-up to Senior Project Manager and Project Manager Adam Williams Assistant Project Manager Support for Senior Project Manager and Immediate Project Manager; Meeting minutes; Ob- servation, tracking and validation at con- struction Chris Penney Assistant Project Manager Support for Senior Project Manager and Immediate Project Manager; Meeting minutes; Ob- servation, tracking and validation at con- struction ` Todd Mitchell Validation and Auditing Specific validation and auditing effort During and after when needed on GMP or CO cost control construction Patty Goodman- Safety Engineer Contractor's safety plan review and coor- Periodically during Holdridge dination construction ~~ Architectural Resource Consultants, Inc. ~, ~~ , ~~~ ~~ ~~ -_ M ri'z e~ rs`:: C^^ , ~:+~ , ~ ~i, k <~r. t~ Y ~ ~ {N Ixa ~ i3 I~ ~~r C'~ E ^t~ F y. ~N3.Y B Siy - ~~ Architectural Resource Consultants, Inc. ..........-........,~ ........ ~o.~.. ~,.,~..,,... ,.. ~~„~. ~~3' ,. .. ~,.w ~~ 'tv `+~ y.~~1YaF' use-s~~~~'7~y.~ _~~a ~...~ ~ ~+~1= ti ~~~~.~A+~ k "~,'=-e^"+~~`s~> `far' "~^~ P l .".~a '" ~'~L` 3+. .. ... •.u ~ ~_~.w..~•'6~+'..•~..s. - ~ ~'Y i,.l... . 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".~"Y `;a" i F. 'Y7 .113 a^k~',~J,,aie •f-*•l ?`a ~ 3 J, .l'.. ~,{` -,~• ~ .'L ~ [itLvXL4 L~7Y41 ~ k ` __ '~~ t`T....L~t,~ II '1 TSiy ? - 4 3 ~ ''p~ ;I ~~ ~,~/ ',~ .t ~1 - ~ 1 ~~ w1~,. tH:Ytr4 liiY f7LiI,L r f[~~ ~t E~ ~ ~~~~~~ ~.a d `e- r .'F y In' {{~I ~ ~~ ~ L, Y lr...v 117:1 +~ ~~~ ~' r ` ~~ ~ S~ ~ ~G'~~ ~ ~.4x~;,.~ 111 ~{~ ~ -. _, .. ~ ~ ~O4E. fl'3•~ ~ _. ~ 1 !f~, "- k~ tLi ~~~~ r~ y- i~..,. E115TI t'Py`,hV ~_', d~rL.E ~ ~ ~jV~'T~ 3 r i ~~ 1 ~ h ~_ _ 1 - ~ ~~~ ~I 1 Y TY 1 .~ 'a u t .~;~:..3IC',aaL~~ ~";~- ~ .J ~'r --ti.. i__~_ ~~.r _~ , i .._ ~ c._. .. .. . _. .. ~ _ ~ ^ - ...A.Yr[n .. Clly. !E ~ .:. a,.v.~'~~r. s I I ~ ava ~ ~ q _ '. '_- _ _ _ _ _ ~.y ~ I 5.kkTO-..~a~.~'sic2r'~ 1 ~~~ C( ~:. ~~,....,~ _.,.y..~:;..,...,.: _. _ ~. _......132: _ ErTI`. R06M5 n.~ yt .. ry x~ ~m"`""° Tolel COSir 880 14,65'. a .. _ ~ } 11u 1 1 f .a .. .J- _ i~:o 9( f _i Ma nl nanc 5tt Su I ~. - r - 2~~S~tF L4v 1St U-radP kl ;z C4 }' - . -. ssi V. __. _. w. __,..~.. _,a .s"_.._...~...... a,.....ics.....1,.i., v,:.5.:~.«-...-. _ ... .. _ _ - ... _.~_5%e FoaNtQ .'~~ I'®'. :~ 24;NOVEMBER 2003.- - JL\._1.1V j•~' ~ r ~ w~G ~ ~ r~h~ s t 3. ~~.; J; Harr! ConsSUClion CastL 391 -~ -- ~So%CasN 391 . Total Cosu 391 ~t i...... is u4. m w e.e.a.e. ;~~ ~ E" r~~ ~ ~s ;~ r 09 MAY 03 R y~~tak3,~. ___ aSfteSuflaeoParking ~ • 17' ~;~ +~~~ ~ (~ ~ it tL 7Ti'p;j E ' / ~ ~ ~ 4r: 50 SF FootprlnlJ l '~~ ~ k`~~~ ~ LfS ac l Cusl Tot ~ ~ )),, k -Sy Y f.Z' ~ p a P ~ a ~~'k 'cS Ty'' ~s 7't, 4,7'.'~n7 2, 107.B5G ~ r~ ~ 7 ' ~"'~`-" g 6A2 230 SW f ~- ~ ci..-'~ 5,712 1 ~11< v 2,34d,248 ~ ~ 4~ s ~ J _ ~ -- 3 Sita Surlaco t Ono lout! _ a~kin9""f1~,S605F 5Ro~ . v y r ~~. A _' .., u ~ 21,1 J 701,722 1,i6.i 192 1 760 I 1 1 2ot 2.221,823 7 I 175 1 2.72'+ 478.497 12,896,!77 1,760 17,61 7 1,068,510 175 23,87 1,178,219 o •.Th a ~ .ptal 1 nmue-Slta • St:ucturod 143,560 SF Parlu g 01 Tn montal Lw I a r np rv n aoacoir .. ,, ;. ~3560,SF.SIto Footprlnl) I „1, ._O ily ~''" P'1; i ~ I ~ ~ ! " _ `j ryy, I n1 ~ ~ '. . ~ ygs. ~1, j 9 ..1.509.771 T '~ i ! .. &~ F... B -276,987 g;, i'r ~~ ~ -~ +. ... 7 1,786,131 77,,~~~~, 9,755,408 ~ 450 32,301 74,635,394 1,013,606 450 3,182 1,1J1.847 10,T69,006 450 J5,4B3 16.967,241 oeoe f a 1 .a,.m' ~~~ ...`M ~r z ~t]W;YCF VIII Colorado Mountain College New Campus & Infrastructure Edwards, CO Village at Avon Mixed Use, Retail and Infrastructure Avon, CO Colorado Mountain College New Facility Chaffee County, CO Town of Vail Gymnastics Facility Vail, CO Town of Vail Conference Center Vail, CO Town of Vail Public Works Facility Expansion Vail, CO Town of Vail Multiple Parking Alts Vail, CO Town of Vail Fire Station Upgrades Vail, CO Town of Vail Middle Creek Vail, CO Town of Vail Donovan Park Vail, CO Town of Vail Snow Melt Vail, CO ~::~s~~~:w_ $10.0 Million,: , =Colorado Mountain College ~ -~ r ~ Edwards, CO .' {, ~.`~Contact:_Mr Bob Robichaud ' ' $71.4 Million . ~ ~Catellus Developmf~nt Corp. ,~;. '-Avon, C0 ~ ~~: "Contact Erik PE tersc~n '° ~ $1.9 Millionr ~ Colorado Mountain College 1 r Edwards; CO Contact Mr Bob Robichaud '` i Confidential ' Town of Vail ~ ~,~=f '~, ' Vail, CO , ~~~ . - Contact: Ms. Suzie Herbert f ~ $42.5 Mrllion Town ~of_Vail <F Vail, CQ~: ~ f~ ~~~ Contact Mr: Russ~;ll Forrest ~n~. ~`> $1.1 Million Towri .of Vail ~ q Vail, CO ~:. ~f:~ ~,ontact Mrs Greg Hall ~; ~ ~ „~ :,. . Vanous ' To~.vn of. Vail ~ , Vail, CO' ' ~~~~- „ Contact ~=~,tr: Russell Forrest ~T Yti. tf Confidential Town of Veil ~ "~ ~ E CO:. Vail, .~ ~i, Contact. ~,1r:Greg Hull ;;~„ $22.3 Million ~~ Town of Veil'' ~,'~' Veil, CO r: `Contact ~Ms.'~Nina Timm ~~ .~:, $5.9 Million Town Of Vail ~ .; _, .Vail, CO ~y '' ~~ °~ ' Contact Mr".-,Todd Openhcimer, ;~; ; • vF ~.~~: r ~y: t rY~..~? Confidential ~" Be-~udin & Ganze Avon; CO ,! ~~~ :~~;~F Contact Mr Dennr's Be~iudin ~~~ . . tr :'r' .: ~,~~; '` ,, . t ~; ; a~h ~_ \i~ ' r '~ ~. !~,,' . .' ~" ~. ;"~: Ir ;. ~• cJ ~:! - ARC's Mountain Project `List - - ~u Project Control Consulting ~' Hyatt St. Moritz -;- $184 Million Windsor Woodmont, LLC ~ 735,000 sf Casino and Resort Dallas, Texas ~ - -' ' ~ ! Black Hawk, Colorado Contact:; Mr. Daniel Robinowit~ I ~ The Montaneros Condominiums 600 Thousand Michael Hazard=A ociate~ • ~' ,~ ' ; Renovation & Addition Vail, Colorado ~ ~ Vail,-Colorado ~ ; Contact~:~ Mr. M ich~.el,Hazard ~~~ A .. ~,~~. Smiley Residence Confidential ~~ ;Michael,Hazard~~,1 :;ociates ~ '~=~ 5,900 sf Custom Residence Vail, Colorado ii << Vail, Colorado ~ Contact: ~,`_Mr. Michael H ~z~~rd << f&t y Beaver Creek Village Ops Center Confidential ;Vail & Associates 67,100 sf Repair & Maintenance Vail, Colorado ,,': f ' Facility ~ Contact: ~. David~Thorpe ' Avon, Colorado - Idaho Springs Historic Renovation Confidential i _ - Mountain"Design Gaup ,;~ Historic Preservation, Restoration & Evergreen; Colorado Renovation of 12 Buildings Contact: Mr': Kenny LaGreca ' I Idaho Springs, Colorado ~~ G .. ~~~ {f ~'1 Colorado Mountain College-Leadville $3.2 Million =Anderson Mason Dal eArchitect_, 27,027 sf -New Construction y 'Denver Colorado ~ Leadville, Colorado Mr P~1a~k Fitz~willi~im ~~Contact ``~ ;'- Minturn Town Center Confidential ~ Rocky M,ountain':.Mutual Housing Associ~itior. 49,430 sf Retail & Office Facility the _- Minturn, Colorado ~'Denver,~ColoradK~ - Contact.:Mr_ John WhE~<~tl~y - :~, ~ ~~~ Lodge Casino $69 Million Jacobs Entertainment 339,000 sf Hotel/Casin o 'Cleveland, Ohio` . Black Hawk, Colorado . Contact:'~Mr.~ Dav<~ Grunenwald I ; ;',.ARC s Mountain Project List Project Control Consulting .. .. ~ ~ r ~~ City Market-Store 44 Confidential ~ :~~~~ ''~-Mitchell Pluss~Assoc iates rl nc ~ 31,600 sf Supermarket Denver,,Colorado Steamboat Springs, Colorado " 'Cohtact: Mr: Mick Mitchell City Market-Store 120 Confidential Mitchell Plus\s Associates. Iric ~` 60,900 sf Supermarket ~ ~-'Denver; Colorado `Y ~ ~ Dillon, Colorado ~~ 'Contact Mr.~Mick Mrtchell ~ ij P: ; _ i Rendezvous Cabin Confidential ~ y~Zehrer and Associati.~,~ Inc. ~n?~ ' 11,980 sf Club House ~ Vail, Colorado - " i '~~ ~ Beaver Creek, Colorado ~Contaot:,~ MrJack Z~hren _ `; Y. The Orchard-Buildin 8 Confid nti I e a Coca-Cola B ttlin m ,,, ~~ o Co n #~ 9,900 sf Townhouse Project ~ ~,~Glernniood Springs„'Colorado -: Glenwood Springs, Colorado F: . ;Contacts Mr S: CamPre>ri Calder 4 ~=: , ~ >ir Town of Avon Maintenance Facility $16.3 Million ~ Town of Avon 122,000 sf Maintenance Facility , >AVon,,Colorad~r '~; Avon, Colorado =>Contact. 'Mr.`L arty 6ru~ks'~ ., ~- ~ _~ ; ; €. ~a~< Avon Recreation Center -Phase $7.6 Million ~"Town Hof Avon y Two ~ Avon, C ~I~rad~~ - 41,000 sf Addition ~ ~,ontact Mr Larry Bm~ks ~ ~ ~~~ Avon, Colorado "' `' :~' ~ " Aztar Casino ' $24.5 Million ~ Azta'r Development Cor poratiun ~ ,~ h. `~~.Y '" 274,000 sf Casino P~ ~t;, ~F ~ Phoenix, Arizona, ' ` Black Hawk, Colorado n ~~>r~tact t 1 ~~ ~Joy Berry ~ s , `~ J r ~ +s Winter Park Maintenance Shops ;~ " Confidential'" ~'Jinter Park'"Recreafional Association ~~:~, 120,200 sf Repair & Maintenance ~~ti'inter Park; ;Colorado,. Facility ~ ~ ~,ontact Mr Tysori~'De~arriuff ~ Winter Park, Colorado A ~ ~ ' kr„„! } ~~:: s Town of Vail Hubsite Confidential Town pf v;ril ~4~L Vail, CO _ Jail, Cb, . - - y` Contact: Nlr. Rrissell Forrest `~` ,:~ ~~: ` The Lodge at Vail International Wing $14.1 Million ~ Onent'Expre.s Hoiels . ,, Vail, CO `<VaiI;,CO = ~ - !Contact Mr. John Volponi ~ _ ~r._~...~.._-. .. +N •f ~ .~.: ~&'g/ ~~ ~ ~' ARC'~s Mountain Project List ` °,~ ~; ~ P roject ontrol onsulting ® ~~~ ~ X , ~ ..~~: . ___.~ ..... Cresta Q Beaver Creek Ski Confidential Zehren and AssociatE ; ~ ~ Mountain ~ Avon,"Colorado " ~. ~~~ ~ ~~ 10,000 sf Custom Residential ~ Contact: Mr Jack Zehren ~ .~ ~: ~ '` ~ Beaver Creek, Colorado n ~ ~ - '~ ~ ,. ~ ~ r 1~"C '. 3S Little Lake Lodge Confidential ~(~crp. ~ Roll lnternational ~- ,~, " `? 21,400 sf Custom Residence _ ~ Los~Angeles,"Calif<~rnia` . `j Aspen, Colorado ~ - Contact: Ms Beth Coccan ~,,.~ e s ~ Jacobs Casino $69 Million ~ Jacobs Entertainment ,.~~~ r, ` " 335,800 sf Hotel/Casino Cleveland, Ohio ". ~ ~ ~'` ' Black Hawk, Colorado Contact:'Mr. Dave ~~n~nenwald .~ ~" v~ ~Shadowood Condominium Confidential ` Roll~lr term t~u~~al Curporatien <: .Renovation ~ ~ Los"Angeles California- ~` ~ ~ 1,950 sf Renovation ~; Contact: Ms .Beth Coccan '' ;~ (~ Aspen, Colorado -,~~; ,~.~,. ~~ ~ SilverMillCondominiums $22.1 Million ~ Cottle Grayhezl Y~l~,v Architect Ltd. « 228,700 sf Condominiums Aspen Colorado ~ ~i ~" ~ t- Keystone,~Colorado ~ Contact Mr Robert Schiller _ - ~'" - ~~ ~ ~ ~. ~~ ~ Eagle Branch Library $3.2 Million ` Eagle Valley Library D~stnct ". ~ ~Wr~~~~`~~:. ~ ~ ~~ 28,000 sf Library Eagle;,Colorado -~ ~ r~ ' ~ Eagle, Colorado ~ Contact:" Ms .Char~lyn Canada ~~ ~~ ,~~ ~1 t§ ~" Summit County Library/ $4.4 Million ~~ , R.J. Greenly .~ As.~~ciate.~, Inc ~ ~~~`' ~~ . Government Complex "~ Breckenridge, Col~~r,~do ~ = ~~.~~'~ `~~~ 35,006 sf Public Administration r Contact,,- Mr Robert ( ,reanly ~~k~. and Library ~~~' Summit County, Colorado ~ ~~:. ~~; x ~~ Summit County Transit Facility $1.3 Million ~ R.J.. Greenly & Assuc;iates Inc. ~~~; '~ ~ 24,800 sf Public Administration :,. Breckenridge Colorado ": "~" Cont M ~Robe "G ee l ~" ' ~~ Complex act: r. rt r n y r~~ , Frisco, Colorado ~: fx ~ ~.~ Stone Creek Business Center $1.1 Million Charles C.'Murphy & Associates >'~'Ki 18,800 sf Mixed-Use Retail - Highlands Ranch; Colorado ' ~4~ Vail, Colorado Contact: Mr Charles Murphy , ,`.: ~ ~~ ~'"- :~ - Y -mod }... ar-.~~'-•~"c'F"'„___"'_..-. a .._'C _- - f_ ~'r. .. j, ARC's' Mountain Project List _ ~~ ~~ Project Control Consulting The Wildcat Lodge $6.7 Million ~ Urban Design Group'' ~ . > 17,100 sf Resort '~ %Aspen;'Colorado ~` Snowmass, Colorado Contact: ,Mr. Randy Johnson ~ '` r ~ ., , - ~ ~'~~ Avon Branch Library ~ $2.6 Million ~ ~Eagle~Valley"L'ibraryDistrict` ~' ~'~~ ~~: 18,500 sf Library -Eagle,;Colorado Avon, Colorado Contact: Ms.'Charlyri C~ariada ;` ~ ~ 1 F . Keystone Townhomes $5.4 Million ~ Focus ,Real E~.tate Group Custom Residences ~ ~ 'Keystone, Colorado A Keystone, Colorado " :Contact Mr. Don Woods , ? ~, Wiltshire Court Confidential ' ~ ~Zehrenr~& Associates; Inc. 63,325 sf Multi-Family 'Avon, Colorado ~ ~'` y ~ Beaver Creek, Colorado ` :.Contact Mr. Jai{. Zehre.n ~ i ' n .. ~-' - , ..~ 'A~' ~ Sunspot Restaurant $4.6 Million ' Zehren~and AssociatE ~, Inc. _ ~~22892 sf Restaurant Facility - ~ Avon,'Colorado 'ri ~ ~ ~ ~~ ~~Winter Park, CO ,'' ~ ~ ";Contact: Mr. Jack Zehren ~ - ~ . ' ~ ' Villa Montane/West Creek $74.2 Million , ~ Zehren and AssociatE >, Inc: 519,100 sf Multi-Use Complex Avon;~,Colorado ` " Beaver Creek, Colorado ~ _' Contact- Mr. Jack Zehren _ ,~ K ~~~p_M ~t s Henry Residence Confidential ~ .Bill Poss & ~ssocr<~ter, Custom Residence ~, ru, ~ASpen; Colorado'} ,' ~ _ ~`~_~ ~ Aspen, Colorado ~ .Contact: Mr. Bill Poss { - sa:_ "a+s Doral Telluride Resort_& Spa Confidential w" : Pellecch~a Olson Architects r ~ _~ 322,000 sf Resort Denver, Colorado ~ ? "~~ Telluride, Colorado Contact: Mr. Jeff Ols<m ~ ~. Garmisch Street Residence Confidential Aspen"Custom Builders;: 7,700 sf Custom Residence ~. 'Aspen;' Colorado " Aspen, Colorado __ Contact M r.-John DaVI~ ,r. ~~ li +T ; 4 k Hunter Longhouse Confidential " ~Aspen~Pitkin~Employee Housing ~~= ,, ~i. ~~~. ®i r~ ., ~. _~ ~~ ~., ~_ - <.,, ~~ ';~ ~`, ~. ~`, ~~ 5~: e,Y '; ®.` :~'- ~: i ~' .* ~= ~~ . mm -'ARC'S Mountain Project List - ~ ~ Project 'Control Consulting Ski Times Square Remodel 400 thousand Engle Construction & Devel ~Corp.,~ Multi-Use Renovation 'Steamboat Springs; Colorado ':: Steamboat Springs, Colorado ~ Contact: Mr. Mike Erigle-:, -; . ~'~, .y TroyerTownhome Confidential SchlumbergerConstructi~~n -cF ~ 10,500 sf Custom Residence 'Aspen, Colorado ` ~` . ,: Aspen, Colorado '~Contact:`Mr. Martin ~Schlumberg~r ~ ~f=, Routt County Detention Facility "~ Confidential ~ ~ ~ Engle Coristr: & Development y ' Maximum Security Detention Facility .~ Steamboat Springs Colorado _ Steamboat Springs, Colorado Contact:. Mr. MichZel Eri'gle ', } F Goldberg Residence ' ~ Pyramid Builders 5,820 sf Custom Residence Confidential ;-, ,4spen, Colorado'` ~ n Aspen, Colorado ~ LPnn Norton ~ Contact: Mr ~' ' , ~ ~. National Healthcare Facility $3.2 Million GM~AC Commercial ivlortpa~~~ Affordable Housing t Denver`,~Golorado~ .~ ~ - ~~ 28,850 sq ft Contact :Meredith Kingbi~ry F Grand Junction, Colorado .~_. .~ ~~ Sunshine Affordable Housing $2.5 Million ' AMI Capital 17,515 sq ft ~ Englewood Colorado ~~ Durango, Colorado Contact Steve Wes~,ler t; r.. ~~ Summit School District $12.3 Million Sur~~mrt School Dstrict 3, ~ ' Silverthorne Elementary School ~" Frisco, Colorado ,i -; ~_'-~' Various sf ~ ~ Contact: -Mr .lirri:-Le°nzotti =3 =' Silverthorne, Colorado ~ ~~' ;w Summit School District $2.1 Million '~ Sumr~iit School Distract Dillon Valley Elementary School Frisco, Colorado ~ ~ ` ~ ;_ Various sf ;~ Contact: Mr Jim LenzotU ~'" - ~ `~ Dillon, Colorado ` ' ~. Summit School District $1.9 Million'. Summit School District Breckenridge Elementary School -Frisco, Colorado . - ~' ~ t', Various sf ~~ ~ Contact. ,~Mr. Jim',Lenzotti Breckenridge, Colorado l .L S ~ F 'j __ !f .~ iI: 1 ~ ~ -~ - --y ~ ~-- --~-~ ~ ... r . T - F , ~~~ .~ "~ ~ARC's;:Mountan Project List~~ -~~~~~ ~~ "~., ~ ~ ,. „ Project Control ,Consulting ~~.~ . Summit School District ,. _ $1.1 Million ~`Sumriiit School District ~~ ~ ~~~ District Wide DDC Controls ~``Frisco,'Colorado . .~ Upgrade ~~~ ..Contact .Dr.P~~ilfe~H<~lrnner ~~~~:. ~ ;;: ~ .~..: Summit School District $3.1 Million " : ~-.'Summit School District` .: District Wide Upgrades '~ Frisco;'Colorado ~ ~;- .Contact 'Dr. Millie Har~~ner ~. ` ° ~ , ~ Summit School District Summit School District $800 Thousand ` _~ Facilities Building °~ ~ . Fusco, Colorado n ~~ ~ ~ ~ ~~ ~~,.Contact: Dr.'Millie~Hamner - , ~~ i ~. ~~R ~~, ~~ ;:;. I,~ ~~ - ~ ;~, ~ ~~ ~ t'~ ~ I ~~ rY} , z~a ~y ~ _. - , ~' __ •: ~ ~~ ~~. ,~ . ~~~ ~~ ~.r ~~ ~, ~~Ii1 V1 ~ i ,, tt 1 _ _ .ua i 2 k. - ~,~ C L :~ ~. ,~ ~, ~~ ~;: ~: i, .,.- ~` . ,, ~~. - ~~ra ~~ H 1d1y' F FFFFC 444' .. Y *L° r ~~ ~_ r~ ..,x- ~ ~ , . k, ~~1~ C~vF ry 5~. 1 1~ ~~M„ gyp. k.. ~ ' Y ~ F.%~3 ~,,. -:: ~:~: u ~4 ~: TO~1V OF VAIL Office of the Town Manager ~' ' . ,. 75 South Frontage Road ':Pail, Colorado 81657 970-479-2105/Fax 970-479-2157 ~; . ~; Mr. Chris Squadra ~' `- ' Architectural Resource Consultants, Inc. 4410 Arapahoe Avenue Suite 220 ~. ~ Boulder, Colorado 80302 -_ Dear Chris: -'~~ ~ .. April 11, 2003 I wanted to drop you a note to thank you and your team for the work you did this week. Preparing .~ detailed construction cost estimates "on the fly" for a significant project from six different sketch designs throughout the day is the responsiveness we've come.to expect from ARC. ~. As you know, this is a repeat performance of those talents. I believe it was just a few months ago ARC . '. rapidly completed an in-depth cost analysis of the $79 million conference center from very conceptual information. The resulting budget gave us the tools we needed to make good decisions, and be very ~~: - confident in our chosen path. ~' ... Over the years the Town of Vail has benefited many times from ARC "going the extra mile", and ... understanding both the .technical issues and political realities that make asuccessful -team player valuable..The dynamic environment we all work in makes that dual consistency all the more impressive.' Whether outsourcing a few hours on a small renovation with local resources, or the lead role in a national search for. a design\build\operate\maintain developer fora $22 million affordable housing project, ARC seems to always have the right horsepower to get the job done. In addition to the nice supplement to my own experienced staff, I have had the added benefit of seeing an outstanding return to the Town of Vail on the fees your firm is paid. Thanks again for all the hard work, and the great value added to the Town of Vail. Sincerely, . TOWN OF VAIL G~~ `-~ Mr. Robert McLaurin Town Manager TM RECYCLED PAPER i ~.-, EAGLE COUNTY SCHOOL DISTF~ICT FEE 50J P.O. BOX 740 • FAGLE, COLORADO 81631 • (970) 328-6321. • FAX (970) 328-1024 ~~ Mr. Chris Squadra January 2, 2002 Architectural Resource Consultants,. Inc. 1319 Spruce Street, Suite 200 Boulder, CO 80302 Dear Chris: In November 1998, the taxpayers of our school district barely supported the bond issue that provided for three new schools, two major renovation projects, a road and over one hundred repair projects. In prior bond issues, the district was unable to deliver on all of the "promised" projects. As eve began our new partnership, I expressed to you how important it was to deliver all the promised projects in the most efficient and effective manner possible. This would be my measure of success of the services provided by ARC. Now, as the district is enjoying the use of these projects, it is an appropriate time to express my appreciation for the services provided by Architectural Resource Consultants, Inc. (ARC). The partnership has been a great success and I look forward to continuing our work together. Many of the benefits that ARC bought to the school district included negotiations of tough but fair contracts, proactively identifying challenges, developing creative solutions, being sensitive in the political arena, state-of--the-art technology and successful presentation of complex issues to the staff, Board of Education and -ever-present press. ARC has excelled in problem prevention, consensus building and attention to detail. In addition to the value added by having a team of ARC employees dedicated to our projects, the district enjoyed direct savings of over $1.3 million without value engineering. These savings accrued through unique and innovative bidding strategies, "owner-friendly" procurement methods, and the ability to anticipate industry trends and reactions. I firmly believe no other consultant we could have selected would have been able to deliver so many of these values. I was proud when the projects promised to the community finished on-time and under budget. I know that ARC was directly responsible for these outstanding results. The community and district will reap the benefits of ARC's work for many years to come. The district looks forward to working with your firm for a long time to come. Sincerely, K en Strakbein Director of Finance ~_ ._:: ,. ~_: ~. ~.. ~J, -,' !~ ~. ~- , ;. ~- ~1 ~' ~:` ~. ~. ~: ~. .~ ~. Amgen Inca One Amgen Center Drive Thousand Oaks, <:A 9 1 3 20-1 799 b05.447.1000 www.Amgen.com March 1,1999 To whom It May Concern: I have had the unique pleasure of working with Architectural Resource Consultants, Inc. (ARC) for almost two years now and find them outstanding in every respect. My basis for this statement covers 2 billion dollars worth of project experience I have accumulated as a senior .executive for over the last 30 years. Amgen has worked ~~ith ARC on several projects totaling over $300 million in Boulder County, where .they provided project controls and project management services. It is rare to find a company so dedicated to quality service, meeting the Owner's needs, and providing exceptionally qualified personnel. Specifically, on the AC6 Building, ARC's construction cost estimating department saved Amgen .over $700,000 on one change order analysis alone. From the project managers and cost analysts provided down to the home administrative support staff, I have been continually impressed, and my expectations have always been exceeded. ` I look forward to continuing our relationship on Amgen's complex and demanding projects, and am sure we will continue to be a very satisfied client. Senior Construction Manager O D E L L ARCHITECTS P. C. d ~', April 12, 2001 <Ivlr: Russell Forrest, Director of Community Development 'To`?vn of Vail - 75 South Frontage Road Vail, CO. 8.1657 Re: Professional Services :Dear Russ: Lwanted to take this opportunity, to; express my sincere gratitude; for.your support and your belief in Ode11, Architects as we proceed through. the :process on the Donovan Park . pioject., These pro~ects,can be challenging and difficult andthey require.perseverance: on _. the part of the entlrepro~ect team..I believe otu team has performed we~.l ;under.;these. .. _, ., circumstances and It is my sincere hope, that,we,.are providing value;with;our s,ervlces to,. . the Town. .. , .. .. ,. ~... . ,.. . Part of otir team's. success can be attributed to Architectural Resources Consultants (ARC). Their local presence, understanding ofahe contracting commumfy In Vail and"i ' y ~ ~..~., ... extremely knowledgealile'staffbave beeri;a big asset to our team I`beheve their expertise . ,: call be,a huge benefit"to any owner puttlrig together a project; ARC understands how to manage all of the issiies`related to budgets and coristilictiori~managemenf for fIie"most complex projects. ~ - I truly hope that oiir team collectively and individuallywill be considered for=futurework` in the Town of Vail. Respectfully, Otis Odell, AIA Odell Architects, P.C. , ., .. _ .. . ARCHITECTUR`!G..'PLAN:Na•NG.' INTERIORS ~-.. °:; :: :. CENTERPOINT I, 3ZOC>S .C.jS1'LE COURT, ~S.UITE .150, EVERGREEN, COLORADO 804'39 ~~^ PHnNF rso3.1 fi~n_SORn Fat r~n~~~~n_.~ir,-~= ~ ;`= ' .. ~ Eagle Valley 'Library District 1997 Mr. Chris Squadra Architectural Resource Consultants, Inc. 1319 Spruce Street, Suite 200 .Boulder, Colorado 80302 Dear. Chris, ~. :_, ~, . , . -. ~_ ~. ;~ ~; ~,' :. We consider it our very good fortune to have contracted with your firm as our owner's representati=re on the District's t-wo library building projects in Avon and Eagle. By hiring an zxpert in tl`~e field of construction to monitor the projects on behalf of the District, the volunteer Board of Trustees and the Director were able to focus their interests on providing library services. The owners' angst of tracking costs and e;cpenditures and getting the value for fees paid was conveyed to and responsibly handled by ARC's associates. Chris, you clearly train your associates in the art of serving clients. Their task of staying on top of the building projects as they progressed was met, and the process was fully documented and communicated to us throughout all phases of construction. Beyond the requirements of your contract, ARC, Inc. continued to be concerned with any incomplete items to make certain that we were in no way disappointed with the outcome of the projects. Our association with ARC, Inc. has been both positive and professional. Feel free to use us as references. - Sincerely, d Yoder Y President, Board of Trustees ^ Avon Public Library P.O. Box 977 0260 Beaver Creek Place Avon. Colorado 31620 (,503) 949-0'79 ~~ ~~ Charlyn C. Canada Director ^ Eagle Public Library ^ 1Vlinturn Public Library P.Q. Box 240 601 Capitol Street P.O. Box 328 302 Pine Street Eagle. Colorado 81631 _ bUnturn. Colorado 81645 .(303) 323-8800 (303) 827-4240 MAYEl3, BKOWN & PLATT 190 SOUTH LA SALLE STREET TIMOTHY P. CALLAHAN OIRECT DIAL (312) 70t-7204 .-• DIRECT FAX (312) 706-9131 fcallahan@mayerbrown.com To Whom It May Concern: CHICAGO, ILLINOIS 60603-3441 December 10, 1998 Re: Architectural Resource Consultants MAIN TELEPHONE 312-782-0600 MAIN FAX 312-701-7711 I am a partner in the real .estate group of the national law fain of Mayer, Brown & Platt_ Over the years, I have negotiated and completed numerous transactions relating to the development, design and construction of facilities as varied as hotels, office .buildings, casinos, residential subdivisions, power .plants and steel mills. Throughout these transactions, I have worked closely ,with developers, architects, engineers, project. and construction managers, contractors and other .professions: With this background, I can honestly say that chitectural Resource Consultants ("ARC") is one of the premiere organizations with whom I'have had the pleasure to work. Without exception, its management and staff are extremely professional, very efficient, .and, most of all effective in shepherding the client's project to completion within budget and within schedule. ARC's employees are talented, responsive and dedicated to the project(s) to which they are assigned. Without hesitation, I have recommended (and will continue to recommend) ARC to my clients for project and construction management services. PIease do not hesitate to call me should you have any questions. Very truly yours, ~~~~~ Timothy P. Callahan 15284886.1 42001453 CHICAGO BERLIN CHARLOTTE COLOGNE HOUSTON LONDON LOS ANGELES NEW YORK WASHINGTON INDEPENDENT MEXICO CITY CORRESPONDENT: JAUREGUI, NAVARRETE, NADER Y ROJAS 1NDEPFNnFNT Ano~c !`fIAACCAl1AIflCUT. r wunrr~T ..-..._....___ _ __ ~~. ~~':; .. ' . tt .",~ ,. ~, ~' ~.' ~. ~.;; `' ~. ; ~; ~~ ~:: ~' ~' ". ~' v~ SUMMIT SCHOOL DISTRICT RE-1 0150 SUMMIT COUNTY ROAD # 1030 POST OFFICE BOX 7 • FRisCO, CO 80443 (970) 668-3011 FAX (970) 668-0361 DENVER LINE 303-629-6988 LYNN SPAMPINATO, ED.D., SUPERINTENDENT MH.LH; HAMivER, PH.D., ASSISTANT SUPERIIVTENDENT November 6, 2003 Mr. Chris Squadra Architectural Resource Consultants, Inc. 4410 Arapahoe Avenue, Suite-220 Boulder,. Colorado 80303 Dear Chris: ~~T/ FOA ~A~ BOARD OF EDUCATION oy~ : ® ~ MR. BILL PELHA,bI, PRESIDENT. _~ ~~..~, G ~ ~ DR..MARSHALL DENKINGER, VICE PRESIDENT j/ DR. GARRETTSULLIVAN, SECRETARY MR 7AY BRUNVAND, TREASURER MS. KRISTY JOHNSON, DIRECTOR f~. ~~~ ~~ ~, DR. EAT KEEHLEY, DIRECTOR ~'H0~ pi51A~ MR. S'CUART ADAMS, DIRECTOR As I step down after more than eight years on the Summit School District Board of Education, I thought I would drop you a riote of appreciation for your team's hard work and excellent results on our behalf. - - When ARC was hired in February of 2002 the trust in our District's construction program was very low, and we were facing two challenging and complex renovations with very little time to design and construct them. Our=credibility with the voters was being tested, and ARC was asked to recommend a design team, a contractor,.to buy and install the fiirniture, and to get the j ob done in record time. We passed these tests with excellent results, and moved on to the new Silverthorne Elementary School project. As I write this, we aze a.yeaz ahead of schedule with that building, substantially under budget, and have a world class, energy-efficient school due in no small part to ARC's management of the process and tenacious attention to detail. In my years as a colonel with the US Air Force, including base commander, I have been exposed to many organizations, levels of effort and quality of service. ARC has consistently provided outstanding people, processes and results. Just as importantly, we have been able to confirm savings to our District faiaz in excess of the fees paid to ARC. We hope that we have developed a new respect for our District's construction. agenda with our stakeholders. Thanks for the value delivered, and the satisfaction we all feel with a job well done. Sincerely, /'~ ~:~:zL~f t Bill Pelham, President Summit School District RE-1 Boazd of Education ~~~,,, A ~` ~~a~ u ~.. ~~ -ht _ _ a y.. j i;~ t )" ~ ! ~ . - `, ' , i. r~ r ~3 r h - ~ P: _ i _ ~ . ,`~ ~ ~ _ - ~ 7 4 i_.: 9y - ~ 2 C ~d:.. . ,' ~ ~ , ,', h ~ ~ ~ +a tit. --. , 7,~ - ~ ~ --. ~ ~ .. k j 1 N ~ _ .. a x . a ~ xi L t 1 - ~~' s f~,, } ; ~_ - ~ -~~i . t pia ~~ a ~txt ~.,z x' ~ ,,, - _ s G ~~Z ~_., - _ . ~ i j ,~ b ~ yx, V~ ~ ... _- ~ ~ f dfe . ~ _ ~ .;..~ ~ „ ' ' - . i , , } ~ 1 y 4 yn , .:~ Spa *i .. RS1~ _ _ l , a a~S ~ ~r ~i ... I ~ Architectural R In lt t C an esource onsu s, c. .................,..,,..,,~...~ .~,.~~..,<.,.....~,,,,..,,m. s ~. ~ ~ ~Muni`cipa~l,, "~ •,, :,' { ~. Town of ,Jackson Hole ~ ~~ ~ ~' '1 50 ~E`~.~ Pearl Avneue , Jackson, Wyoming 83001 _ ~~ ~ ~.. ` "~` ' Gity of Boulder s Central Area Improvement District ~ ~~ ~ 1500 Pearl, Suite 302 ~ ® iY .Boulder, CO 80302 Tgwn of Vail 75; Sotith Frontage Road `Vail, C0 81657 ~, h Town of Vail ~ 1309 Elkhorn Dr. '~ ~, ~; Vail, CO 81657 '~~ Town.of Vail ' - 75 South Frontage Road Vail, CO 81657 ~':, Town of Vail 75 South Frontage Road Vail, CO 81657 ~. Catellus Development Corp 165 South Union Blvd ~;; Suite 852 ~ .. Lakewood, CO 80228 _ ~, ~:~. ~' ~: a ,, ' ~:. ' Owners Bob McClarin Town Administrator Molly Winter Executive Director Russ Forrest Director of Community Development Greg Hall Director of Public Works Nina Timm Housing Coordinator George Ruther Senior Planner Gardiner Hammond Director of Construction --..Y- -a.. ..,~.< ._.. ,., ,~,~~...,. ~,,.. _ ... ....~._.. 4i ~~f ~ Public References i .p v ~.~_~. &~~ ` y .. _ r ~ ~ 6~ ,4. (307) 7 ~ 3-~ 9 ;? ~.x s~~ ' ~~ (303) 413-7317 -; >, ~: ,-- {sir, (yY~~d, ~~~~ E ~, iF°rp~ (970) 479-214G Y~,~ g, ;.,~ ~~n fin f ~~ ~~, ~,~ ~,,~ (97Q) 4I9 2160 ~4 ~~~ ~.~~~. ~~~, (970) 479-2144 ~_ ~`~' F, ~_ ~ 0 ~ (970)`47 9-2145 , ~~.~ . ti.. N~~. ~a ~+. 203) 46E3 400 __ ~. ~k, -. J`Fj k. ;} r ~ ~~ 4 3 I © 2004 All rights reserved by Architectural Resource Consultants, Inc. ' ©2004 All rights reserved by Architectural Resource Consultants, Inc. 4~ ,~. `,` ~, _ „ :.' ~r:'• ,~ n Associates In Zehre & c. ` `~ 48 East Beaver Creek Blvd. ~ Suite 303 ~ ,~ ~ ' Avon, CO 81620 '• . Urban Design Group f; `1.621 18th Street, Suite 200 ~= ~ Denver, Colorado 80202 . ; ~ , k ~ ~ : ~ . , OZ Architecture X1580 Lincoln Street, ~,~ Ste. 1200 ; Denver, Colorado 80203 t 7 SY ~. ~ R ~ yder Construction -` `543 Santa Fe Dr. V {` -` Denver, CO 80204 b ~' `' ~:` FCI Constructors ~ Post Office Box 1767 Grand Junchtion, CO 81502 Adolfson & Peterson, Inc. ~:~ 797 Ventura Street ~_ Aurora, Co 80011 ~ Pinkard Construction Compa 9195 West 6th Avenue P.O. Box 260227 Lakewood, Colorado 80215 ~;`. ~'~ -* ; k~~° ~,. . ~~~. p 1 ~n ~`. ~~ ye.~~ 'N 1ti ~. q , - ~r~~Munic~paf ~& Public References - k ri a ,. .., >a ~k. ~.; of ,.~ Wv.:. -. -~ ._W_.~. _. ~...... _.~,. - i ~~ ~ ~ t e," ~ Jack Zehren ~ ' _ (970) 9-~9-025,7 ~,,.~ hh Principal ' ~~ 3,. ~ ~~* Mr. Randy Johnson ~ (303) 292-3388 ~ ~~,' Principal E~~`` ,SfF~~I: ~? ,~ { Kell Yamasaki y (303) 801-5704' ~ ~ ' 'k~ Principal ~, ' , t. ~,,..,: r4' 'ink Contractors ~ja~31z ~ 7 Thomas McLagan ~ ) 1303 825r 1313 `~~~' ~,~' ~ ' President r ~ ~•;~, ~,:~ ~~K.Xa~ ~~ ~, Ed Forsman ` ~ (303) 893- 1990 ~ ~~~~ President ~ _ ` ~~;~~ ~x~' ~,~~ ., ~- a~ - ~a~%~;; ~~~•S s _ I ' ~q~- F Michael Peterson (303) 326-5318 ~' ~`~ President ~ - ;;~>w ~y Jim Mellor ~ (303) 980-4555 ~~ ~>+~ ~+ Vice President ~ ~ ~ y ~: `v~: ;; $a .n ti, ~ ~,. . ~ty ©2004 All rights reserved by -Architectural Resource Consultants, Inc. 1~ _ - 4 g~ ~ ~ .. .~` r '~ ' , ' 1 y , ~C I. S _ +~i '' ~ 1 ~ ~} t r. ~ , ., f ~ ; ' y ,I _ t A - ~~ - .~ ~ i ~ i ~, - ^ ~ ~ ~ ~ , . -.. .~ ~ _ ~ ~. #; _ r . ~ ~ ~ ~ ~ ~~ ~ i - 1 ~ .~ Sv =~ - - ~. .~ f Y - ,~3 ' '. .. - I .. s Y .. Y -~ - ~ ~ A chitea r l R _. C lt t I ~ u a esou ...wd.......,d n..a,..w. rce onsu an s, nc. ca. ,.. ~:,w~,w. ~. ::;;: ~~~ . .. fY.. ?:.'~. s. i4^.z 1 ~ +C.; s~ fi~ r ~ a;! 9~T~°a h _tti'-1 ~+'r D ~*~t u_~r a~U . P I ~1 ~.~ . _P R a` -+~'TA r~ ~ A Dear Janice: ` ARG has reviewed Pay Application #004, dated June 30~', 2003 for the Irving Street Library & Park. Please note the following: L02.004 -BLDG - Struct Ex / Backfilf (100%): ARC does not agree this work is complete.l still needs to re-waterproof the foundation and b fill a portion of the site. ARC feels this work is 90% complete. . L02.005 - f3LDG-Grading/Fine Grading at the Sla (78.57%)I noted the grading work at t e slab is actually 100 ies at Line ems - L02.004 & L0~ I adjustme t. L02.007 - Sto~~~~ .~cvvvi wV %o~, LVL.VVO - YVat~l JCI VII,C `QL.~1.7 %0~. l~ iiv~~u ~,,,~ work is e' cept for testing. The work at 74~' Street wilt be covered under the pending CDR. ! i J 4r"4 ~ b 1 ~' ~"' ~?„~~ r~y. -LYI~'.(Q _:w ~ S,M1` - ,J._ Photo Taken OiJUL03 :~ .~'~ ~. . ~. ~. ~:.. ~~~ ~'= Architectural Resource Consultants, Inc. 4410 Arapahoe Ave. ^ Suite 220 ^ Boulder, CO 80303 ^ (303)443-0330 ^ Faz (303)443-1508 M E M O R A N D U M ;DATE: December 18, 2002 TO: All Remaining General Contractor Candidates FROM: Scott Brown RE: Irving Street Library & Park AND Fire Station #2 Bid Packages: 10.000.001 & 20.000.001 We are pleased to inform you your firm is one of six (6) candidates remaining for consideration to bid the Irving .Street Library & Park AND Fire Station #2. 1~. The following list of milestones is included for your review and use: S' ,.. ~`' Description `..Date s' 90% Construction Documents for constructability review delivered to GCs 20 DEC 02 ~. ~. ~. ~. ~. ~: GC's constructability reviews due to ARC 14 JAN 03 100% Construction Documents delivered to GCs 24 JAN 03 Fire Station #2 Pre-Bid Meeting 29 JAN 03 @ 10:OOAM Irving Street Library & Fire Station Pre-Bid Meeting 29 JAN 03 @ 2:OOPM Fire Station #2 bids due Week of 10 FEB 03 Irving Street Library & Combined bids due Week of 10 FEB 03 Your firm's response to the constructability review may be used to shorten the current list to five (5)' firms.. It should conform to the following criteria: - Please identify ambiguities, .missing information, or conflicts in the drawings ,your firm :believes important to clarifying the .project scope. :Page 1 of 2 ©2002 All rights reserved by Architectural Resource Consultants, Inc. C:1Documents and Settings\Chris Squads\Desktop\Briefcase\My Documents\OfficelStandard FormslPreconstruction\Const ReviewlConstructability Review 19 DEC 02.doc i. -~~ - All comments about the drawings and specifications should be sorted into the following ~~~ categories: ~.}_:,., i;'~. Architectural • Structural I':: ~ • Mechanical ~; • Electrical • Civil ~' All comments about the general requirements (CSI Division One) should. be sorted under Architectural. - Please reference the spec section and page number and/or drawing Sheet number :.wherever possible. To the extent a grid line reference would be helpful, it would be much appreciated if this were included. - A FAXed copy of your firm's response should be received in ARC's office no later than 4pm on January 14th.. Please note ARC's FAX machine can be very busy at times, so ..please plan accordingly. It would be very much appreciated if an electronic copy of your response could be e- mailed in MSWord or MSExcel to Scott ,arcinc.to, as this will greatly facilitate distribution of these comments. ARC will be collating all the responses into one constcuctability review to be distributed to the Owner and design teams. Your firm: will receive a copy of the final document fo'r your review and use. As always, feel free to call ARC with any questions or comments. Page 2 of 2 - ©2002 All rights reserved by Architectural Resource Consultants, Inc. C:\Documents and Settings\Chris Squads\Desktop\Briefcase\My Documents\Office\Standard Forms\PreconsWction\Const Review\Constructahility Review 19 DEC 02.doc .:.,_ _.. .. ons ruc abi ity eview Irving Street Library"`and Parks ~ '; ~ ~." 30-JAN 03'`' Architectural , Page/Spec SectSheet General Contractor Questions /Comments Design Team /Owner Response 4/A2.2 Refererice to 8/A3.1 is an incorrect detail #. Please clarify. See revised drawing A4.1 Wall action 6/A4.1 has two detail notes "8/A4.4". It appears the lower one is incorrect See revised drawing Wall section 5/A4.1 refers to "Copper fascia, typical at aII eaJe and end of glu-lam beam". This is the only reference to copper fascia in the drawings. If copper is specified, please note it in all roof A4.1 edge details. Specification section 07620 does not mention copper. Details 16 & 21/A4,4 refer to See revised drawing "Wrapped the end of glu-lam beam with prefinished metal sheeting, typ". It is assumed there is no copper roof or beam edge treatments in this project. Please confirm. A4.2 Sheet A4.2, detail 10%A4.4 should read 10/A4.2. See revised drawing. A4.2 :~ `.~._. ; , . ;, .Sheet A4.2, detail 11/A4.4 should read 11/A4.2. See revised drawing A4.2. Sheet A4 2, detail 7/A4.2, reference to detail 9/A4.2 should be 10%A4.2. See revised drawing Wall section 3/A4.2 shows where a sloped roof intersects a vertical wall. This appears to be a A4.2 poterifial leakage problem. A detail is needed showing the coristructioh and waterproofing at this See detail 12/A4.2 intersection. p:/current projects/cow/const review/Const Review 03 FEB 03.x1s Page 4 of 15 ® 2003 All Righls Reserved by Architectural Resource Consultants, Inc. 'Sheets S101.1 thru S101.4 35. Please review or provide the following information: a. Size of pads below core walls b. Foundation detail below CMU walls c: Size of continuous beams (drop panels)? d.' -.More definition of interstitial floors (mezzanines)? '. e.; Slab depths f.. Sections ': g. ,More defnition @ ramps `~h. .Structural modifications @CMU `i. T'op of caisson elevations. j. `Sump in elevator pit. k. Top of Slab elevations for raised areas: 36. A wall elevation identification symbol shown at gridlines 4 & B states to reference Sheet S301, which is not provided. 37. Keynote 10 states to reference Sheet S301.1 to view elevations of the cast-in-place concrete shear wall. Sheet S301.1 is not :provided. Sheets S102.1 thru S102.4 38. Provide the following information: a. Top of Slab elevations. b. Top of Slab elevations for raised areas Sheet S102.1 thru S103.4 -Garage Level 1 and Hotel .Level 1 Plans 39. Key Note 3 applies to the lower. Garage Level -only and is misleading as to the floor slab construction at the upper Garage Level and Hotel .Level. While the Hotel Level slab is defined- on each of the partial plans, we ;could' not find information .regarding the slab thickness and ::reinforcing requirements for Garage Level 1. :Sheet S103.1 thru S103.4 -Hotel Level One 40. .Provide the following information: _ a. Top of Slab elevations o-t~~,..,P~~~.~~~,,,KL~„R.~.~~~,.~,.~ Page 4 of 9 . ,~'~ Architectural Resource Consultants, lnc um~....nw•...aw.uo.ewa.a co ealoo.Pa]Waane. s,. PwWS,ea v~ `cda' ~ii9' 'Y~L7' V,Ly' ~A' 4J7'' "~: '~ ~y ~~ ~~ ~ `~ '~i~ iii '.~ wc® "'G~ '~CJI ~iE' ~YGW' ~ ~Gf~' '4~ ~ 4/p ~,'~i;~ ~t_I~ ~ f ~ ~ :~ -.zc~ - 1 Yom. r„~ "`~I ~" - - - - ~~~ ~ , . ~~~ c~ f d f ~ a. r'~ r - a - ~ . 7 4 ~rs` -.`~'s~~~ ~ „"'~4 `.'fir: -~.4 ,~l~~iF~ ~ ~ .Y -~y+""~ ' y _ ~~ ~~~ - -, .' k q'`~ +a„ i~;BTU ~..i 'J'~s~a 'r ~: - ~ _ _ ...... .~ _ _. .~ .. .. _ - ~ _. ~ _ ~-. ~ ... ~ _. AVr.-~ c - , t-,.' sue. _ ~.~? ms's} ~.~~c3'~~.r*CR + 1~3 - __ _c~N -ttl3: ~~ ' ~ - Back ~, Fau stop ' Refresh ~ Home ~dreis, ~ htip://www.arc-projects.com/main.asp ena ? r s r; t i - - - I :'Search FavoritesHistory t;_Ma'I F.. r _, Realcom - -- -_ ~~x. r ;. + I i - GypsumElemenlarySchool~7(9913) ~ L~`oyc~`eJ.',r :Devon Ch~shko ~ ''' ~ ,t rte, - _ ' r, - -_- "_ ~~; ~''' !1111 ~ ~ ~~~ " ffl PrOJeC,t.~ s , _......,._., _' - ---~. - _.~ +~d °+ !:" ~'v1r ~}f'1 L- ~~" ~vl ILA} J r`'~i 1 p f :, ~~RF ~~_ .~,., ,_ _ ~~ = ,1 - ~ t' +'I+' ~1'~ of t i 77) Form View~~ ~< ~~~ ~ ~~y fl Daily De+~i A!I Clesed.: . + ' # Numberls Date Dnte Irnpbrtance~ls Subjort ~ - ~ `~~; Flltf: ,~~ E i I~ _,r ~ at Disciplino rit+rgory Q retitiiin t ,f ~ Oflirlal Greeted Rec ulrcd , l y, e 1 ~Closr d ' C~ r y u `- y iC' NdCr ~ f k t.'' r =§~ 'rfi Kti ;~v^er.. hew; 'y~I S~.n~., - .hut r' ~w ' ~ 1 001 Yas 117NU 1/11/00 HI h y t ~~~ ~'r"' a ~ t Cti , Qr ~ t n~ ~+, ~ g es Anchor Bolt Pattern Cn~ Cornar Columns Structural ~~~~--~. Hot i ~~ r Ally x 2002, :Yes 1/lN0 1/1 _tro0 - ~Atcornercolumne Aso ~; N19h , ~+~ Use of MC cable iri walls rn lieu ofconduitElectncal3.~a~~+ s"~ ,,, ~In reference to_.the r' , k~ ~r - ~ 3 003 Yes 1/1N0 1/11A]0 Hlgh Yes Embed shown on 1/S3 5 ^,~uncr Li;t (Own)er Structural Please clan( Q',Fi,r ~~-t (All)y ~ 4 004 ,~.Yes ,1/1,4iD0,.)/14rD0'": Hlghr;°.,° ~,,Yes;~~,„Column ocahon@.gndlrnes,.B&6.' ,v LL.Structural_~;' srFef Sht S2 ~,tCd ~~ 5005 Yes 1/14N0 1/17x00 Htgh Yes Sprayed on Fireproofing _ Refs tion ^RF,I'(Owri) No~~ Nei+ 6 006 : ,~ Yes ,,. 1/17rD0 1711 NO Normal 'Y'es ~8-eam Cor!Rection GLs B&6 r{i structural c ,... - _. @,.... .. ,,. .. Structural G: Sfit °2 4 R ... ;.Add Ne'w Entry :' 7 007 Yes 1/17rD0 1/21 NO Norm I Yes Beam Connection @ GLs B&6 Structural 8 012, -~ ,Yes - 1724x00 173111]0 a Hi h Yes ` R AD03 Ss 03a - -. ~ -, g. _,.,.. 'Beare connection,;Q ,GL J 377:Sht_S2 5 - Structur~F ''' e( Re ^.F Ft ~ ~' ~ 9 013 Yes 1/25/00 2/1A30 High Yes Roof Hatches ' - ~ 10 014 x _ ~ » E Archdecturai of Sht S2 5 GL „ er, x# es ~,1J28i00,-1/3 it70, ,_High_r u~,,,Yes ~ i Colu n clarifcatton 145 of GL'B 6 ' Structural G Re pro ec tams - _._m Ref SfittS2 1n& S ~;,Yrl~.e j , 11 015 Yes 12800 1/31e00 Htgh Yes Problem bolt connections schedule ,y Structural a r • y~,- a 12 016 ,-, Ye, '211 NO 2rer170~'~Hlgfi~j',_~Yes-~ „+;Stai_rconstructton._,,,.~~3jt„_,:: ~-,~rc~iitectural, ~ Ref 3/A&2vS24t ~~`' '~m~rc ' r t -~ 13 017 Yes 2/3A10 2/ErDO High Yes Form Tie Clarficahons .I e t77Submictal h ~ ° Siruc -,sr.~~ ~t-rr 14 O,1B Yep nh3A,0 2111iN0 Normal ••~ tural _~1 Yesi Cuts.@translucentRoofPanels _ uArchtteclurat ~y~RefShNA27UCUt: :7 `~~~ `~`~ 15 019 Yes 2r9rD0 2/16x00 Normal Yes Gnd Line labels s. zt7:Re~orts (C st nt r ~ Architectural chools t: 7 Repo~tsr(Furcf^~ 16 020 !esr ,2r9100~~2/16A0';Normal;,,r,j7yes~, -'Cejmg clarifc.atton„~.: ~, ,~,,, ;;,; i ectural;- On both s 7"Fjeports ~(Erigtneer;r~~`w 17 021 Yes 2h3/00 2/16N0 Normal Yes Ceiling clanficahon Corr A153 _ ,L Archit aural ~ 4u r ~e~5ht; A3 S,~Ci O Retiorts`l5uperin e ~ 18 02.2 ~ ~ Ygs 12rJ/00, ~;;2116N0 ~Normal5 'r 1~es ~* s _,etail{clanficatwn Sht l~_ 7 , ~ Ref Sht A3 2 Ci I`Re ort `~' '' "- `- ~-~+---- ~~p - AichitectuFal F , ;, ,, P ~, r~Mtscel~an~ ~.,~ 19 023 Yes 2l15A70 2/18N0 Normal Yes Bolt connections _.,,~ Re( Slit A2 Z~Dt Quene 5 ` -emu, `"' ' S ~ Ref Sht. S2 5 V~ s~ ~ 20 024 ,,Ygs 2/17N0 2Q4i00~ Normal tYes Elevators ~, ,~ ~a iStructural .4~4 _...».~ ._.-_._. ~.[. ,..._. taco., .......~ ., __.....-- ~.__,:344~ '+' 1 , fi.:-= ~ .~,....,,~. sT,~l :,Architectura(~- ~ kQjt 'h d .. s~ ._ ._. ~+ >, ~'~,F'- ar~ a.'F.aXE- 4a 'ra"~= s 5 v.___ _ ~...-... ...~ w .~....ti a 8re rf '``tom ~ rr.... <. :.~~3`~k~i,~w ~z~a~x?t.~' ..,-. ..~. _._-s :' ~ ' .`•~ Start `~ ~~~h»~ _ _ __ /`Fryt ~ yE. Wx .. «.-~. , _ ..::,.u, '~~ ~~ _' d'-' .is"ri ~' ^~r~~ ~ '~'~! Int-e oe ~s~ta..-' ` -. _x rat,, ~-~ L~ ©'~ .b~*,~ 1'~ACT (com I'tRPolo lane 1"' MicrosoftW Z_]Probg,Wa ~_ t~xr ~ r• ..... ... ~,:: I. ~. :~.F~:~~ .JI~E3~~~~~~Ga~~~. ,~M Colorado Mountain ,College - RFP #260R -.Berry Creek Campus Unit Cost Worksheet for Soft.Construction Costs 29-Aug-02 ,® - Item.#. ~: .Description. ~,~ ~ ,,~, s . ., - ~~ -=AQuan_fityt ~~Untt .,t~.Unit~ Cost: `Total C"ost'':~' -. . __ .. _ , ® 1:101 Project Manager MO :' 1.102 ' ' General Superintendent ~: MO . 1:103 "; Project Superintendent MO j 1 10 A s . 4 s istant Superintendent MO ' 1. 105 M/E Coordinator ~, MO ;~ 1.:106.: . 'Working Foreman MO , 1.1.07: Project Engineer MO 1.108 Office-Engineer P~ MO 1.1'09 Field Engineer M MO ; I 1.110 Field Estimator MO I 1::11.1 General Laborer MO 1:112 Timekeeper MO 1.113 Field Office Manager MO 1.114 Field Secretary MO 1.1 15 Field- Engineering Equipment LS 1.116 Site Survey LS 1..117 Layout Within Site LS 1.1 18 Office Trailer MO 1.119 Storage Trailer MO 1.120 Warehouse MO 1.121 Set-Up Office & Yards ~ LS - 1.122 Warehouse Manager LS 1.123 Temporary Toilets MO 1.124 Job Photos: Weekly WK 1.125 Video Documentation - MO 1.126 Project Sign EA The General Contractor shall furnish all items ne cessary for proper supervision of.the project. Page 1 of 5 _ @ 1998 All rights reserved by Architectural Resource Consultants. Inc. . 1j ~'~ Vail Local Housing Authority -Middle Creek Project 1 f~;. - I): F" ... h; 1', 1 ~, . ~~ :~ ~j . '; `' 9 b p. !, !: !. ~, D y'', ~":` <; t~ F~. 1. I; 1 1 20 APR 04 Weekly Executive Summary Report - 20 APR 04 Construction • As shown in the pictures below, underslab rough in of has been completed at the Early Learning Center and backfill and re-compaction is currently ongoing. The ELC slab on grade is scheduled to be placed on 05 MAY 04. Rough framing is scheduled to begin the following Monday, 10 MAY 04 and be fully complete by the erid of .IVlay. Underslab rough in and preparation for;slab on grade is nearly complete of Building A. Per the schedule, the slab is to be placed on 21 APR 04. With current progress, the scheduled date should be attainable. ~® Architectural Resource Consultants, Inc. Page 1 of 7 ..,..,...~....,.m.......~~...,,~,..,m..,..,~.~.,.. ©2004 All rights reserved by Architectural Resource Consultants, Inc. Vail Local Housing Authority -Middle Creek Project 20 APR o4 • Framing activities have extended to the secorid level of Building B as shown in the pictures below. All framing at Building B is scheduled to be complete by 14 MAY 04. ~,.,,.., rsr". r , 7 ~1"; ~ ro )~ i il~ ~ ~,-.y} ~ to ~~; ~ r~~t `r3"~"r ~i`5 N • Framing activities are continuing at the fourth level above the Building C plaza deck. In addition, window installation has begun as well as rough in of electrical boxes throughout the units. k ~ t 1 ~ -_ ~ ~~ ~~ ~ ~~ ~ .. ~~ ~ ~~.~ .: ~~:r -, '~F~' ~3r • At other sections of Building C, roof trusses have been erected and the gypcrete topping slab poured. ~~ Architectural Resource Consultants, Inc. Page 2 of 7 «,..,..,-~...~.m.......ro~.,~,,..~..,..~~«>„« m2004 All rights reserved by Architectural Resource Consultants, Inc. ` -.. ;:`:. ~~~': . ,p==` ~; ~' ®~ :: S~+' ~. ~~ ~: ~~- . `. 9 9 1 I I i Vail Local Housing Authority -Middle Creek Project 20 APR 04 • Mechanical and electrical overhead rough in continues throughout the parking structure. Ground level slab on grade is currently approximately 70% complete. v~ ~x ~ ~ ~ M ~ ~~~ . a ~ w: .~ ' ~ .. / ~ y~--~ E. ~~~ ~ _~ 4"i~ r~ i{ 3~^~n .ice '~,n ~4: §~~'~ ~`^' '{4 -~ q i4 .. ~. J An S Li a ~ ~` ~ ~~ rah,, ~,~ • Schedule • A revised schedule dated 02 APR 04 has been issued by Shaw Construction. • The current completion dates for the projects are as follows: • ELC - 08 SEP 04 • Building A - 01 NOV 04 • Building B - 01 NOV 04 • Building C - 08 NOV 04 (Occupancy is called out as 01 NOV 04 but final clean continues through 08 NOV 04) • In order to bring the project back on track a great deal of re-sequencing of activities occurred. Building C is now broken up into seven different "pods" which allows for interior work to start in certain areas sooner than before. This re-sequencing will result in either the need for very tight schedule management and coordination on Shaw's part, or possible multiple mobilizations for the subcontractors. • It has been clarified per a discussion with Coughlin & Company that no additional acceleration or remobilization costs will be incurred by this re-sequencing. • To date, Shaw has been able to maintain the newly scheduled dates, and three weeks after the schedule was revised, all buildings are within two or three days of the schedule dates. • ARC will closely monitor the schedule and actual progress and promptly inform the VLHA if the scheduled dates begin to slip. ~~ Architectural Resource Consultants, Inc. Page 3 of 7 «,..,..w...~,m.......W~.,.,Ln.«.~.....~«,.,,. m2004 All rights reserved by Architectural Resource Consultants, Inc. `` Vail Local Housing Authority -Middle Creek Project 20 APR 04 •;. Budget The Change Order Request Log below is current through 20 APR 04. Note that line items have been added for forthcoming potential change orders for the restroom and atrium modifications at the ELC, which are currently out for pricing. Upon receipt ARC will review and respond to the proposed changes. Change Order Request Log COR # __ Description Amount Status 001 Additional Builder's Risk $59,616 Approved 002 Inclinometers $4,393 Approved 005 MSE "Blend" for site walls $5,570 Approved 021 Truss Spacing ($17,500) Approved 003 Extend Building C Soil Nail Wall $22,080 Pending 004 MSE Shoring Wall at Building A $20,400 Pending 007 Additional Testing (over allowance) $6,000 Pending 008 Elevator Room Location Change $4,473 Pending 009 Concrete Encased Primary Electric $0 Pending 010 Bulletin #1 -Pre (ASI #1) $0 Pending 011 Bulletin #2 -Pre (Final CDOT Docs) $0 Pending 012 Bulletin #1 -Revised Ret: Walls w/ COR #20 Pending 013 Bulletin #3 -Bldg C. Fdtn Change w/ COR #20 Pending 014 Bulletin #4 -Air Valve Vault $0 Pending 015 ASI #3 -Revise "C" Grid 7 Dimensions $0 Pending 016 Added Reinforcing C~3 Hazard Mitigation Pending Pending 017 RFI #20 -ELC Rebar Questions Pending Pending 018 ASI #2.-Mechanical Room Dimensions Pending Pending 019 Pending Pending Pending 020 Construction Document Reconciliation $200,000 Pending 022 Water Mitigation @ Bldg A Shoring Wall $100,000 Pending TBD ELC Restroom Revisions TBD Pending TBD ELC Atrium Revisions TBD Pending Total $405,032 • The above Change Orders that have been approved by the Developer have not been reviewed or authorized for submittal by ARC. ~~ Architectural Resource ConsuRants, Inc. Page 4 of 7 «,......,-~..~~.._....~.~.,.~~..,~,.._~«.,~ 82004 All rights reserved by Architectural Resource Consultants, Inc. ~'~~. ~!. _ ~` ;, ~ ~,.: ~; ~. ~r;= . ~~. ~: ~; -_ .: ~,, ., , ®~; sue. '' ~~. ~.~ ,` ~- ~: ~'` ~- ~, ~' ~.: ~, ~: ~' p~: 9< ~~ Vail Local Housing Authority -Middle Creek Project 20 APR 04 The Allowance log below is also current through 20 APR 04 and represents the original allowance and costs incurred to date against these allowances. Shaw's most recent application for payment states that none of the allowances have .been exceeded, yet the contingency log issued notes that the boulder splitting, heat tape, and material testing allowances have been exceeded. In order to coincide with Shaw's application for payment, these items have been included as line items against contingency. • ARC has reviewed the proposed changes from the 100% CD reconciliation exercise and will transmit a response to Coughlin & Company and the VLHA. Allowance Log Spent Remaining SOV Item # Description Amount to Date to Spend BGC18001 Material Testing & Inspections $16,500 $16,500 $0 BGC18002 Signage $5,000 $0 $5,000 BGC18003 Leasing /Commons Finishes $3,500 $0 $3,500 BGC1.8004 Rock Splitting $7,000 $7,000 $0 BGC18005 Monument Signs $5,000- $0 $5,000 BGC18006 Leasing Office Casework $2,000 $0 $2,000 BGC18007 Mailbox System $4,000 $0 $4,000 BGC18008 Heat Tape & Circuit for Gutters $12,500 $0 $12,500 BGC18009 Site Lighting $53,000 $0 $53,000 BGC18010 Bldg C Debris Flow Structure $15,840 $0 $15,840 BGC19101 Builders Risk Insurance $54,612 $54,612 $0 ELCZ18101 Material Testing & Inspections $1,000 $1,000 $0 ELCZ18102 Playground Fence $7,200 $0 $7,200 ELCZ18103 Shelving, Casework, Cubbies $38,450 $0 $38,450 ELCZ18104 Window Blinds $875 $0 $875 ELCZ19111 Builders Risk Insurance ~ $3,388 $3,388 $0 Total $229,865 $82,500 $147,365 Pending Commitments Possible Future Engineering Services for "Mold Avoidance" $15,918 Additional Soft Cost Items (additional architecture, items related to C&C financial closing) $100,000 Total Pending Commitments $115,918 ~0 Architectural Resource Consultants, Inc. Page 5 of 7 «,.....~..~..s.m....,...~.s,.~,,..,.~.....~w,.. 02004 All rights reserved by Architectural Resource Consultants, Inc. Vail Local Housing Authority -Middle Creek Project _' 20 APR 04 Contingency Update Developer's Original Contingency Original Contingency Contingency Used to Date $752,130 $0 Pending Contingency Usage $0 Remaining Contingency $752,130 Contractor Contingency Buildings A, B, C, & Site Original Contingency Contingency Used to Date $164, 687 $63,119 Pending Contin ency Usage $0 Remaining Contingency $101,568 ELC Original Contingency Contingency Used to Date $10,313 $2,330 Pending Contingency Usage $0 Remaining Contingency $7,983 Totals Current Allowance.Overrun Proposed Change Order Total $0 $405,032 Pending Commitment Total $115 918 Total Proposed And/Or Approved Changes/Over Run/Pending Commitments $586,399 Remaining Total Contingency* $340,731 "(If all outstanding change orders are approved and billed a ainst contin ency) The contingency log shown above has been updated per~a recent fax from Shaw detailing the revised contingency used to date. As shown, a total of $2,330.00 has been hit against the ELC contingency for an excess in material testing costs and the services of a Division Seven (thermal and moisture protection) Consultant In addition, the residential project contingency was used to cover the following additional charges: exceeded material testing costs, exceeded boulder splitting allowance, exceeded heat tape allowance, thermal and moisture protection consultant costs, and reinforcing unit cost increases. ARC has not received any further information on the charges against contingency. • ARC has transmitted a letter to Coughlin and Company regarding the VLHA rights and responsibilities but a formal response has yet to be received. ~O Architectural Resource ConsuRants, Inc. Page 6 of 7 «,....,..-~..~s...~...~.o.,.,~„r,m.....~r....,.. ®2004 All rights reserved by Architectural Resource Consultants, Inc. ~.- ~! Vail Local Housing Authority -Middle Creek Project 20 APR 04 ~~ ,....` ~~. • Project Risk ~~ ';'. Two additional items from the ELC 100% CD Reconciliation exercise have yet to be finalized and may result in a change order. ~.:. As time passes and activities are repeatedly re-scheduled, the opportunities for schedule correction continue to decrease. . • ARC has still not been made aware of any additional weather delays. To date, three claims for weather delays have been recorded. ~~` ~; Mitigation of the water encountered at Building A is complete. ARC has yet to find out what the cost of this additional work amounted to, though Coughlin & Company still estimates the cost at approximately $100,000. ~:_; ~Y~ Coughlin & Company noted that over the course of the project the total costs for the ~.;: third party engineer's services might total up to $25,000. ARC has not received any ~~:: further update on these costs. • With the mechanical, electrical, and plumbing contracts being issued as design-build, ARC is still concerned that coordination problems may arise if the contractors are not managed closely and coordination is not required. • The possibility of over run of the boulder removal allowance is still present, though Shaw has indicated they are looking into ways to minimize or avoid this. 4. `' In the event you have any questions or comments, please feel free to get in touch with Adam ~` Williams at ARC. He can be reached via voice: (970) 949-5100; FAX: (970) 949-5599; or e- ~: mail: adam @ arcinc.to. ~` ~~ ~0 Architectural Resource Consultants, Inc. Page 7 of 7 ~,......~~..,..m.......~.o.,.,~,~..,m..,..~~..~,., ®2004 All rights reserved by Architectural Resource Consultants, Inc.