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HomeMy WebLinkAbout2004-08-03 Support Documentation Town Council Work Session :~ VAIL TOWN COUNCIL WORK SESSION AGENDA 8:30 A.M. TUESDAY, AUGUST 3, 2004 MORNING WORK SESSION AFTERNOON WORK SESSION DONOVAN PAVILION VAIL TOWN COUNCIL CHAMBERS 1600 S. Frontage Road W. 75 S. Frontage Road W. Vail, CO 81657 Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. THE MORNING JOINT SESSION WILL CONVENE AT DONOVAN PAVILION. PLANNING AND ENVIORNMENTAL COMMISSION AND DESIGN REVIEW BOARD MEMBERS ARE INVITED TO ATTEND. Morning Snacks will be provided. 1. George Ruther ITEM/TOPIC: Joint Meeting with Planning and Environmental Jeff Winston Commission and Design Review Board. Overview of Lionshead Core site Redevelopment. (3.5 hrs.) 12:00 Noon, Recess for Lunch, 1.5 Hrs., Resume at 1:30 P.M. 2. George Ruther ITEM/TOPIC: PEC/DRB Update. (10 min.) 3. John Power ITEM/TOPIC: Compensation and Benefits Discussion. (30 min.) 4. Judy Camp ITEM/TOPIC: Revenue Analysis. (30 min.) 5. Russ Forrest ITEM/TOPIC: Conference Center Update and Committee Recommendation on Design Team. (30 min.) 6. Bill Gibson ITEM/TOPIC: Discussion of First Reading; Ordinance No. 17, Series 2004. Proposed Amendments to Special Development District #4, Cascade Village. (10 min.) 7. George Ruther ITEM/TOPIC: Resolution No. 18, Series of 2004, a resolution amending certain sections of the Lionshead Redevelopment Master Plan clarifying and affording all types of development projects, "new or redevelopment", flexibility in the application of the Architectural Design Guidelines, as prescribed in Chapter 8 of ~~. the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No: 18, Series of 2004. BACKGROUND RATIONALE: On July 12, 2004, the Town of Vail Community Development Department requested a work session with the Town of Vail Planning & Environmental Commission to discuss the merits of preparing a text amendment to the Lionshead Redevelopment Master Plan that would. affect the implementation policies of the Plan. Upon discussing the possible merits of the amendment, the Commission directed staff to prepare an amendment for the Commission's and Town Council's consideration. On July 26, 2004, the Town of Vail Planning & Environmental held a public hearing to discuss a proposed text amendment to the Lionshead Redevelopment Master Plan. The text amendment proposes to amend the implementation policies of the Lionshead Redevelopment Master Ptan regarding the application of the Architectural Design Guidelines prescribed in Chapter 8 of the Master Plan, and further codified in Title 12, Zoning Regulations of the Vail Town Code. The purpose of the amendment is to clarify and afford all types of development projects, new or redevelopment, flexibility in the application of the Architectural Design Guidelines. The purpose of the amendment, however, is NOT to amend or otherwise alter the overall goals, objectives and policies as stated in the Master Plan. Upon consideration of the proposed text amendment, the Commission passed a motion unanimously recommending approval of the amendment to the Vail Town Council with several recommended modifications. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 18, Series of 2004, as amended. 8. ITEM/TOPIC: Matters from the Mayor and Council. (10 min.) 9. ITEMITOPIC: Information Update. (10 min.) 10. ITEMROPIC: Executive Session, Pursuant to C.R.S. 24-6-402(4) (b)(e). Conference with Attorney and negotiations surrounding Lionshead Redevelopment. (30 min.) 11. ITEMROPIC: Adjournment. (4:00 P. M.) i NOTE UPCOMING MEETING START TIMES BELOW: _.* J (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2:00 P.M. TUESDAY, AUGUST 17, 2004 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. PLANNING AND ENVIRONMENTAL COMMISSION t PUBLIC MEETING ~~(~ y~, ~ Monday, July 26, 2004 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Doug Cahill Chas Bernhardt George Lamb Rollie Kjesbo David Viele Bill Jewitt MEMBERS ABSENT Ann Gunion Site Visits 1. Tyrolean - 400 East Meadow Drive, Unit 9 2. Manor Vail - 595 Vail Valley Drive 3. Vail Amoco - 934 South Frontage Road 4. Residences at Briar Patch Condos - 1390 Buffehr Creek Road Driver: Warren NOTE: If the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6:00 - 6:30 p.m. Public Hearing -Town Council Chambers 2:00 pm A request for a final review of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the locations of the existing building envelopes, located at 1390 Buffehr Creek Road/Lots A, B, C, Residences at Briar Patch Condos and setting forth details in regard thereto. Applicant: Residences of Briar Patch Homeowner Association, represented by Zehren and Associates Planner: Bill Gibson ACTION: Table to August 9, 2004 MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 Warren Campbell made a presentation per the staff memorandum. Tim Losa of Zehren & Associates made a brief presentation. based upon the application materials submitted. The Commission asked the applicant for clarification on the details of the proposal. There was some concern expressed about the height of the buildings as they moved south. Staff stated that the height maximum is thirty-three feet in the Residential Cluster. Bill Jewitt stated he has no issues with the GRFA or site coverage, but is concerned about pushing things so close to the ridge. There was also concern expressed over the exact shape of building envelopes B and C as if owners change or the DRB does not approve the conceptual designs then it would be necessary to return before the PEC to re-plat 2. A request for a final review of a variance, pursuant to Chapter 12, Variances, Vail Town Code, from Section 12-6H-6, Setbacks, Vail Town Code, to allow for a minor alteration, located at 400 East Meadow Drive, Unit 9, (Tyrolean Inn)/Lot 5 D, Block 5, Vail Village Filing 1 and setting forth details in regard thereto. Applicant: Tyrolean Chalet, LLC., represented by Mauriello Planning Group, LLC Planner: Matt Gennett ACTION: Approve MOTION: Kjesbo SECOND: Lamb VOTE: 5-1-0 (Bernhardt vote against) Staff gave a presentation per the staff memorandum. Dominic Mauriello of Mauriello Planning Group, LLC, representing the applicant, detailed the project through a presentation. He discussed the architectural goals they were trying to achieve by using an existing building. Bill Jewitt asked for the applicant what the reason for the variance request. The applicant said it help with several architectural features they wished to create. Rollie Kjesbo asked staff about the history of the site in terms of its legal non-conforming status and previous variance granted to properties which are legally non-conforming. Several commissioners stated that the design aspect must be viewed in conjunction with the variance request on the existing building. Making improvements to existing structures. 3. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, and a request for a conditional use permit, pursuant to Chapter 12-6H-3, Public or Commercial Parking Facilities or Structures, Vail Town Code, to allow for the sale of 30 parking spaces, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Zehren and Associates Planner: Warren Campbell ACTION: Tabled to August 9, 2004 MOTION: Rollie SECOND: Viele VOTE: 6-0-0 Staff gave a presentation per the staff memorandum for a work session and noted changes in the project. Chuck Madison of East West Partners gave an introduction to the project, an overview of comments from a previous meeting, an overview of entire project, and a summary of public benefits. Brian Sypes of Zehren Associates presented the proposed plans and discussed issues, such as building height, proposed parking, and architecture. Jim Lemont, representing Vail Village Homeowners, condensed the neighborhood concerns regarding pedestrian access and tennis courts. A public benefit could be to upgrade the streetscape along East Gore Creek Drive and Vail Valley Drive and linking with pathway into Ford Park. Commissioner.Cahill questioned if the redesign of the path proposed for Manor Vail was desirable. Jonathan Ward, representing All Seasons Condominium Association, stated that the bulk and mass of the project was out of character with the neighborhood. He asked that the project be treated as if it were a Multi Family District. Mr. Kemmer, resident of All Seasons, spoke of the view corridor in the building and stated that the public benefits should extend to the entire neighborhood. Commissioner Viele how many mezzanine levels were in the buildings and asked if the roof height could be lowered. He stated that the bulk and mass is seen similarly in Lionshead and other areas in Vail. Commissioner Bernhardt stated that bulk and mass has always been a problem and feels it has not been addressed with the revised plans. He could also not support the selling of parking spaces if there- is parking. in the setbacks. Commissioner Jewitt would like to see a traffic study because he believes that the redevelopment will greatly increase the traffic. He suggested a bigger structure and thinks parking should be open to the general public. He questioned the pubic pedestrian way and it was explained to be a portal. He stated that he would like more flexibility and creativity in the project as a public benefit. He stated that the public development should be paid for by the TOV, but feels streetscape improvements would be in line with the project. The height blocks too much of the Gore Range from the immediate area. Commissioner Kjesbo stated that height has always been his concern, but agreed that the roof should not change and the mezzanine level should be removed. He did not have a problem with additional GRFA in the setback due to the pre- existing condition of the building. Commissioner Lamb would like to see artful streetscape in conjunction for the project and would like to see the tennis courts maintained. Bulk and mass are still issues that need to be resolved for the project. Turn around feature is a positive aspect of the project. Commissioner Cahill would like the project to be a part of the neighborhood and to be developed with a 48 foot building height maximum. The infill development is out of character and would like the buildings to be separate and would like to see a traffic study to see if the turnaround helps the increased traffic. ,~ 4. A request for a final review of variance, pursuant to Chapter 11-10, Variances and Appeals, Vail Town Code, for a variance from Chapter 11-6-4, Building Identification Signs, to allow for a new free standing building identification sign, located at 934 South Frontage Road/unplatted and setting forth details in regard thereto. Applicant: _ George Brodin, represented by Mauriello Planning Group, LLC Planner: Warren Campbell/Clare Sloan ACTION: Approve MOTION: Kjesbo SECOND: Bernhardt VOTE: 6-0-0 Staff gave a presentation per the staff memorandum. Dominic Mauriello of Mauriello Planning Group, representing George Brodin owner of Lionshead Amoco, described the proposed sign noting the reduction in height, size and the elimination of the internal illumination. Peter Knoble from the public stated his opinion that the sign size needs to remain as it is existing. The Commission felt that this business is different than others in Sign District 1 as it is more vehicle oriented. In addition, the existing sign has been there for many years and the new one is slightly smaller. The Commission was in favor of the proposed sign as presented based on the criteria for a variance on page 8 of the staff memo. 5. A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first floor or street level floor of a structure, located at 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Corporation Planner: George Ruther ACTION: Approve with three modifications MOTION: Viele SECOND: Lamb VOTE: 6-0-0 Staff presented the project per the memo and asked for direction regarding the amendments to the Lionshead Master Redevelopment Plan. The commission suggested striking full compliance for the proposed amendment. Commissioner Viele would like to see Town Council included in any review of these proposals because he believes that checks and balances are necessary. The DRB would offer a recommendation. Jay Peterson spoke to the fact that Town Council gave clear direction in 1999 that the PEC would have final say. The commission agreed that 8.3.3A would state, "PEC approve all changes and have final decision on major exterior alteration". 6. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501- North Frontage Road (Solar Vail Condominiums)% Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan ACTION: Tabled to August 23, 2004 MOTION: Viele SECOND: Lamb VOTE: 6-0-0 7. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 10% of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell ACTION: Tabled to August 9, 2004 MOTION: Viele SECOND: Lamb VOTE: 6-0-0 8. Approval of minutes MOTION: Lamb SECOND: Kjesbo VOTE: 5-0-1 (Bernhardt abstain) 9. Information Update • Joint meeting: DRB, PEC and Council on~August 5, 2004 at 8:30 a.m. Donovan Park 10. Adjournment MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published, July 23, 2004 in the Vail Daily. a .: DESIGN REVIEW BOARD AGENDA July 21, 2004 3:00 P.M. TOiYNOFYAIL ~~ PUBLIC MEETING PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Joe Hanlon Bill Pierce Margaret Garvey Rogers Diana Mathias PUBLIC WELCOME MEMBERS ABSENT Scott Proper SITE VISITS 1. Lionshead Arcade Condominium Association - 531 Lionshead Mall 2. Hilb - 1592 Matterhorn Circle 3. Vail Mountain Lodge - 352 East Meadow Drive 4. Bowick Residence - 2810 Aspen Court 5. Parliament Residence - 3241 Katsos Ranch Road 6. Gaylis - 3828 Bridge Road 7. Rechter Residence - 4917 Juniper Lane 8. Keck - 4916 Juniper Lane 9. Rogers Residence - 4812 Meadow Lane 12:00 pm 2:00 pm Driver: George ' PUBLIC HEARING -TOWN COUNCIL CHAMBERS X3:00 pm Lionshead Arcade Condominium Association DRB04-0299 Elisabeth Final review of a minor alteration 531 Lionshead Mall/Lot 3, Block 1, Vail Lionshead Filing 1 Applicant: Lionshead Arcade Condominium Assoc., represented by Alleman Construction, Inc. ACTION: Approved with conditions - - MOTION: Hanlon--SECOND: Mathias VOTE: 3-0-1 (Pierce recused)-- CONDITIONS: 1) The applicant shall ensure that the awnings of individual shops are cleaned prior to final inspection of the project by the Community Development Department or by September 21, 2004 (whichever is sooner). 2. Bowick Residence DRB04-0319 Clare Final review of a residential addition 2810 Aspen Court/Lot 13, Resubdivision of Tract E, Vail Village Filing 11 Applicant: Herbert & Susan Bowick ACTION: Approved with conditions MOTION: Rogers SECOND: Mathias VOTE: 4-0-0 CONDITIONS: 1) The applicant shall improve the residential structure as presented for repainting, deck modification and building addition. 2) The applicant shall submit a revised topographic site plan showing no 1 improvements in the floodplain by August 20, 2004 to the Community Development Department for staff review and approval. 3. Hilb Residence DRB04-0293 Bill Final review of a minor alteration 1592 Matterhorn Circle/Lot 2, Block 1, Timber Vail Applicant: Dave and Anne Hilb ACTION: Approved with conditions MOTION: Rogers SECOND: Hanlon VOTE:4-0-0 CONDITIONS: 1) The applicant shall relocate the structure to comply with all setback requirements. 4. Bernstein Residence DR604-0311 Bill Final review of changes to approved plans 1758 Alpine Drive/Lot 3, Vail Village West Filing 1 Applicant: Dave Hilb, represented by John Martin ACTION: Approved with conditions MOTION: Rogers SECOND: Hanlon VOTE: 4-0-0 CONDITIONS: 1) The applicant shall maintain the previously approved upper story, east elevation window configuration; but shall install a false window on the right- hand side. 5. Rogers Residence DRB04-0302 Bill Conceptual review of a new residence 4812 Meadow Lane/Lot 8, Block 7, Bighorn Subdivision 5th Addition Applicant: Scott & Amy Rogers, represented by Larry Benway ACTION: No vote 6. Rechter Residence DRB04-0285 Warren Final review of changes to approved plans 4917 Juniper Lane/Lot 5, Block 4, Bighorn Subdivision 5th Addition Applicant: Sam Rechter, represented by Duane Piper ACTION: Denied MOTION: Hanlon SECOND: Mathias VOTE: 1-3-0 7. Gore Creek Residences DRB03-0540 Warren Final review of new construction ---- --- 728 West Lionshead Circle/Lots A through D and 7, Morcus Subdivision Applicant: Vail Resorts, represented by Braun Associates, Inc. ACTION: Approved MOTION: Rogers. SECOND: Hanlon VOTE: 4-0-0 8. Parliament Residence DR604-0255 Matt Final review of a minor alteration 3241 Katsos Ranch Road/Lot 6, Block 1, Vail Village Filing 12 Applicant: Casey & Amy Parliament, Represented by Shephard Resources ACTION: Approved MOTION: Rogers SECOND: Mathias VOTE: 4-0-0 CONDITIONS: 1) The applicant shall replace-the garage doors with new ones and paint them to match the color of the window trim concurrently with the proposed exterior work. 2 2) The applicant shall make all of the window trim thematically consistent throughout the structure prior to a Temporary Certificate of Occupancy (TCO) inspection. 3) The applicant shall either keep the roof over the stair enclosure at its present pitch or make it entirely flat before requesting a TCO inspection. 4) The applicant shall remove the star that appears to be a holiday decoration by the time work is completed and prior to a TCO inspection. 9. Gaylis Residence DRB04-0203 Matt Final review of a new single family residence 3828 Bridge Road/Lot 10, Bighorn Subdivision 2"d Addition Applicant: Norman Gaylis, represented by Steven James Riden, AIA ACTION: Approved MOTION: Mathias SECOND: Hanlon VOTE: 4-0-0 CONDITIONS: 1) The applicant shall submit to planning a revised East Elevation, prior to issuance of a building permit, which depicts a bellyband added at the level of the deck, add stucco beneath it instead of the proposed cedar siding and add two windows above the garage as agreed upon and indicated on the plans. 2) The applicant shall submit to planning revised elevations, prior to issuance of a building permit, depicting finished concrete or cut stone lintels over every arched opening. 3) The applicant shall submit to planning a revised South Elevation, prior to the issuance of a building permit, depicting stucco, instead of the proposed cedar siding, on the recessed portion of the lower level. 4) The applicant shall submit to planning a revised West Elevation, prior to the issuance of a building permit, depicting stucco, instead of the proposed cedar siding, on the lower level and an adjustment to the roof which fixes the awkward meting of the overhang and adjacent hip. 5) The applicant shall submit to planning a revised North Elevation, prior to the issuance of a building permit, which shows the window proposed on the east end removed and stucco added. 6) The applicant shall submit to the Town of Vail an erosion and hazard mitigation plan addressing the elements articulated in the "Rockfall and Avalanche Hazard Analysis" provided with their application prior to the commencement of any work on the site. __ _ _ 10. .Vail Viking_Ltd.,_I<eck_Residence DRB04-0286__ -._____ ... __ __ ________ _.__. _ ___ _._ Matt _ Final review of a residential addition 4916 Juniper Lane/Lot 4, Block 5, Bighorn 5~' Addition Applicant: Vail Viking Ltd., represented by Fritzlen Pierce Architects ACTION: Denied MOTION: Mathias SECOND: Hanlon VOTE: 3-0-1 (Pierce recused) 11. .Vail Mountain Lodge DRB04-0101 George Final review of changes to approved plans (Mechanical equipment) 352 East Meadow Drive, Unit 1/Tract B, Block, Vail Village Filing 1 Applicant: VML, LLC, Represented by Zehren and Associates, Inc. ACTION: Tabled to August 4, 2004 MOTION: Rogers SECOND: Hanlon VOTE: 4-0-0 3 12. Vail Plaza Hotel DRB04-0179 George Final review of changes to approved plans 100 East Meadow Drive/Lot M, N,O, Block 5-D, Vail Village Filing 1 Applicant: Daymer Corporation, represented Zehren and Associates, Inc. ACTION: Approved with conditions MOTION: Rogers SECOND: Hanlon VOTE: 4-0-0 CONQITIONS: 1) The applicant shall submit revised plans to staff for review and approval, which incorporate the red lined comments made to the architectural plans set dated July 21, 2004, prior to submitting for building permits. 13. Lionshead Core Site Hotel DRB04-0305 George Final review of a major exterior alteration 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc . ACTION: Tabled to August 4, 2004 MOTION: Rogers SECOND: Hanlon VOTE: 4-0-0 14. Holy Cross Energy Trees R-O-W DR604-0261 Clare Final review of a minor alteration 2990 Basingdale Blvd./Lot 22, Block 9, Vail Intermountain Applicant: Holy Cross Energy WITHDRAWN Staff Approvals Navas Residence DRB04-0306 Joe Final review of a minor alteration 2610 Bald Mountain~Road/Lot 32, Block 2, Vail Village Filing 13 Applicant: Sybil) Navas Seven Vails Corp. DRB04-0304 Final review of a minor alteration 1837 Alpine Drive/Lot 49, Vail Village West Filing 1 Applicant: David R. Flinn Joe Kane Residence DRB04-0171 Matt Final review of a residential addition 4946 Juniper Lane/Lot 7, Block 5, Bighorn 5~' Addition Applicant: Andrew Kane, represented by Steven Riden Architect Treetops Condominium Association DRB04-0294 Warren Final review of an addition 450 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Jeff Brown, Manager, represented by Fritzlen Pierce Architects Hanlon Residence DR604-0292 Elisabeth Final review of a minor alteration 897 Red Sandstone Circle/Lot 1, Vail Village Filing 9 Applicant: Joe Hanlon 4 Harlan Residence DRB04-0280 Final review of a residential addition 1320 Westhaven Circle/Lot 24A, Glen Lyon Subdivision Applicant: Hugh Harlan, Harlan Development Company LLC Pennington DRB04-0283 Final review of a minor alteration 950 Potato Patch Drive, Unit 7/Potato Patch Club Condos Applicant: Joseph and Betty Jo Pennington, represented by SRE Builders Pal Residence DR604-0309 Final review of changes to approved plans 254 B Beaver Dam Road/Lot 23, Block 7, Vail Village Filing 7 Applicant: Joe Pal, represented by Peak Properties Lionshead Skier Bridge DRB04-0310 Final review of a new sign Tract B and D, Block 1, Vail Lionshead Filing 1 Applicant: Vail Corp., represented by Mauriello Planning Group, LLC Warren Elisabeth Matt Warren McCue Residence DRB03-0175 Warren Final review of a minor alteration 4269 Nugget Lane/Lot 3, Bighorn Estates, a resubdivision of Lots 10 & 11 Applicant: Robert and Harriet McCue, represented by Brown-Wolin Construction Middle Creek Village DRB04-0228 Matt Final review of a new sign 129 North Frontage Road/Middle Creek Village Applicant: Coughlin & Company, Inc., represented by Odell Architects, P.C. Hoffman Residence DR604-0287 Bill Final review of changes to approved plans 2665 Bald Mountain Road/Lot 9, Block 2, Vail Village Filing 13 Applicant: Scott Hoffman Sunlight Condominium Association DR604-0288 Matt _ Final__review of a minor_alteration__. ___ __ 2289 Chamonix Lane/Lot 6, Block A, Vail das Schone Filing 1 Applicant: Warren M. Garbe Treetops Condominium Association DRB04-0294 Warren Final review of a residential addition 450 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Jeff Brown, Manager, represented by Fritzlen Pierce Architects Bernardo Residence DRB04-0321 Clare Final review of a minor alteration 2982 Bellflower Drive/Lot 12, Block 6, Vail Intermountain Applicant: Elisa Bernardo Banner Residence DRB04-0320 Clare Final review of a minor alteration 2930 Booth Creek Road, UnitA/Lot 1, Block 5, Vail Village Filing 11 5 Applicant: Pete Banner and Matthew Banner, represented by A Cut Above Forestry Hussey Residence DRB04-0327 Clare Final review of a minor alteration 5116 Main Gore-Drive/Lot 1, Block 2, Bighorn Subdivision 5'h Addition Applicant: Charles E. Hussey, represented by A Cut Above Forestry Eagle River Water and Sanitation DRB04-0284 Final review of a minor alteration 20 Vail Road/Tract I, Block 5E, Vail Village Filing 1 Applicant: Peak Civil Engineering Clare Stern Residence DRB04-0296 Clare Final review of a minor alteration 1517 Vail Valley Drive, Unit 1/Lot 12, Block 3, Vail Valley Filing 1 Applicant: Ann & Douglas Stern, represented by Nedbo Construction, Inc. Tritt Residence DRB04-0227 Clare Final review of a minor alteration 1901 Buffehr Creek Road/Lot 33E, Buffehr Creek Subdivision Applicant: Richard Tritt, represented by J & M Enterprises Eagle River Water and Sanitation District DRB04-0300 Clare Final review of a minor alteration 846 Forest Road/Tract D, Vail Village Filing 2 Applicant: Peter Miller, ERWSD Hinz Residence DRB04-0291 Bill Final review of a residential addition 1460 A Greenhill Court/Lot 20A, Glen Lyon . Applicant: Pamela Hinz Petersen Residence DRB04-0324 Clare Final review of a minor alteration 1481 Aspen Grove Lane/Lot 1, Block 2, Lions Ridge Subdivision Applicant: Nancy Petersen, represented by Daniel J. Frederick Village Center Association DRB04-0328 Matt _ _ __Final.review_of_changes_to_approved plans..______ _._ _ _ _ 124 Willow Bridge Road/Lot K, Block 5E, Vail Village Filing 1 Applicant: Village Center Association, represented by K.H. Webb Architects Dobson Ice Arena DR604-0329 Final review of a minor alteration 321 Meadow Drive/Lot 5, Block 1, Vail Lionshead Filing 1 Applicant: Town of Vail ~. Clare Vail Resorts/Holy Cross Parking Lot DRB04-0204 Matt Final review of a minor alteration 923 South Frontage Road West/Unplatted Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Whiterock Properties, LLC Residence DRB04-0231 Final review of a new sign Joe 6 736 Forest Road/Lot 11, Block 1, Vail Village Filing 6 Applicant: Whiterock Properties, LLC, represented by Alan Goncharoff Vail Maintenance Buildings DRB04-0331 Matt Final review of minor changes to building 923 South Frontage Road/Tract B, South Frontage Road Subdivision Applicant: Mauriello Planning Group Stone Residence DRB04-0332 Joe Final review minor changes to building 4542 Streamside Circle/Lot 16, Bighorn 4~' addition Applicant: T.A. Beck Roofing Inc. Dunning Residence DR604-0298 Elisabeth Final review of a minor alteration 1461 Greenhill Court/Lot 7 Glen Lyon Applicant: Peter B. and Lucy F. Dunning Lamb Residence DRB04-0260 Matt Final review of a residential addition 3130 A Booth Falls Court/Lot 6, Block 1, Vail Village Filing 12 Applicant: George and Lizette Lamb Vail Mountain School DRB04-0279 Clare Final review of changes to approved plans , 3000 Booth Falls Road/Lot 12, Block 1, Vail Village Filing 12 Applicant: Vail Mountain School, represented by Mauriello Planning Group LLC Robason Residence DR604-0243 Matt Final review of changes to approved plans 1109 Sandstone Drive/Lot 5, Indian Creek Townhomes Applicant: Randy Robason, represented by Steven Riden, AIA Baker Residence DR604-0181 Clare Final review of a residential addition 4126 Columbine Drive, Unit B/Lot 16, Bighorn Subdivision Applicant: Kustom Kastles, Dan A. Dunn The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing Impaired, for information. 7 .' TO: Vail Town Council FROM: Stan Zemler and John Power DATE: August 3, 2004 SUBJECT: 2004/2005 Compensation and Benefits Review COMPENSATION: The TOV's compensation policy is to be a competitive payer in our chosen markets (see philosophy statement). To be an average or 50 percentile payer, the TOV must match the average market increase. We have lagged the market average in both 03 and 04 by 3.35% and have fallen into the 40 percentile range. Our base market increase forecast for 2005 is 4.3%. We believe our strategy over time should target being a 60 percentile payer. A 60 percentile philosophy, of being a better than average payer, is suggested in order to meet recruitment, retention and customer service standards. To achieve that objective, the Town of Vail will need to exceed the market average. Accordingly, we recommend budgeting a 4% merit pool and a 1 % adjustment pool for 2005. For sworn police and fire, the market is different. If TOV is to continue to track the Denver market, a separate budget in the 7% to 10% range will be required. HEALTH: While the TOV plan design is generally comparable in our municipal market, our experience through June, 2004 is $100,000 higher than in any previous first-half period. tf this trend continues, we will need to draw down the health reserve fund to cover the budget shortfall To more effectively control costs, we are designing a high deductible ($1,000/$2,000) Health Savings Account (HSA) qualified plan to become effective in 2005 and we will continue to monitor existing plan design. PENSION: In our market, employer pension contributions are in the 12% range. Some of these plans are Social Security based. The TOV's contribution rate is 16.15%. Presently, our cost of benefits as a per-cent of total base compensation is 36% and 39% for full-time. The total rate is presently competitive. When this target is exceeded, we will develop corrective options. RECOMMENDATION: 1) The TOV will match the resort market average and over time target becoming a 60 percentile payer. 2) Re-affirm the target market for emergency service sworn officers is the Denver front range. 3) Continue to make incremental adjustments in benefit design to contain costs. F:\PERS\letters for JP\2004-2005 Compensation and Bennies Review.doc i i COMPENSATION PRINCIPLES PAY PHILOSOPHY: • Be a competitive payer in our chosen markets • Establish pay ranges based on those markets • Compensate employees based on performance • Position jobs in range based on the TOV internal equity point factor committee process TARGET MARKETS: • Non- exempt Tracks the Vail Valley regional market • Exempt Tracks the resort market • Emergency Services Tracks the Denver front range (Sworn Non-exempt Officers) COMPENSATION BUDGET • The compensation budget is established annually by the Town Manager and approved by Council • The compensation budget may be changed at any time based on the best interests of the TOV PENSION BENEFITS COMPARISON AVON ER PLAN 401 X NOTES SS TOTAL ER CO NTRIBUTI ON 11 % NO ~ 11 EE 11 % mandatory ASPEN ER 401 4-6% YES up to 12.20% EE 4-6% optional separate PD Plan BRECIG:NRIDGE ER 4 01 7% YES up to 13 20% EE . match ,optional STEAMBOAT ER 401 6% YES 12 20% EE . 3% mandatory VII- ER 401 1 6.1.5% NO 16 15% EE 457 . optional , EAGLE COUNTY ER 401 6% YES 12 20% EE ° . 6 ~ mandatory P17'faN COUNTY ER 401 13% NO 13% EE 457 optional SUMMIT COUNTY ER 401 11.4% NO 11 40% EE . AMBULANCE~DISTRICT ER 401 18% NO 18% EE HEALTH INSURANCE COMPARISON X04 11~HTHLY OUT OF AVON COINSURANCE 80/20 DEDUCTIBLE $500/$1,500 PREMIUIM FREE POCI~T MAX $1 000/$3 0 DENTAL , , 00 BUNDLED ASPEN 80/20 $500/$1,000 $11/$169/$211 $5 000/$10 , ,000 BUNDLED BRECl~NRIDGE CO-PAYS ONLY NONE $0/$24/$421 $2,000/$4,000 $15/$22/$34 STEAMBOAT ~ ~ 90/10 $250/$500 $0/$64/$95 $75 0/$1,500 BUNDLED VAIL 80/20 $250/$500 $32/$62/$91 $2,000/$4,000 BUNDLED EAGLE COUNTY CO-PAYS ONLY $200/$600 $5/$10/$15 $1,400 FAMILY MAX BUNDLED. PITIQN COUNTY 8 0/20 $300/$600 $0/$446 $1,500/$3,000 BUNDLED SUMMIT COUNTY 80/20 $750/$1,500 $60/$104/$146 $4 500/$7 , ,000 BUNDLED $1,000 E r contribution to HRA AMBULANCE~DI8TRICT 80/20 $1,000/$3,000 FREE $1 000/$3 000 , , BUNDLED Memorandum To: Town Council From: Stan Zemler Judy Camp Date: July 29, 2004 Subject: 2005 Budget -Major Revenue Analysis In accordance with our budget timetable (Attachment A) we are attaching our latest estimate of 2004 projected revenue and proposed revenue for the 2005 budget (Attachment B -Major Revenue Analysis). Impact of Redevelopment We have included the impact of major development projects in our 2004 revenue projection and 2005 proposed budget: Village Streetscape, P3 Parking, Tivoli, Gore Creek Residences (except building permit fees), Sonnenalp/Swiss Haus, Manor Vail (except building permit fees), and Crossroads (except building permit fees). We have also identified Vail Mountain Lodge (Vail Athletic Club), Vail Village Inn, Four Seasons, and the Lionshead Core Site as projects to continue to monitor for possible inclusion as more information becomes available. Attachment C lists these projects along with their projected construction dates, which categories of revenue may be impacted and to what extent we have included the impacts in the attached revenue projections. The following chart summarizes the anticipated impact on revenue by major revenue category as a result of redevelopment projects: 2004 Sales Tax (148,900) Lift Tax Building Permit Fees Real Estate Transfer Tax Total 2005 (541,000) (43,000) 173,000 300.000 604.000 324.100 20.000 Additional Assum tp ions Sales tax and related items (conference center sales and lodging taxes and county sales tax) have been adjusted to reflect an early Easter in 2005. We have reduced the 2005 proposed sales tax by $108,000 compared with the seven-year average of sales tax collections. This amount was determined by comparing April sales tax revenues in years when Easter fell in March to April sales tax revenues when Easter fell in April. For most line items, we have assumed 2.5% inflationary increases as appropriate. We will continue to adjust 2005 proposed amounts in situations where more information becomes available later in the budget cycle. For example, we have not yet included any capital project funding from Eagle County until they are further into their budget process. 040729 Major Revnue Analysis - 1 - summary Our current proposal shows a total of $36.7 million in 2005 revenue compared with $38.7 million in the 2004 Amended Budget, a reduction of $2.0 million. The entire reduction can be accounted for by grants and reimbursements in the Capital Projects Fund (included on the "All Other Revenue" line of Attachment B), which show a reduction of $2.7 million. Federal grants for buses, Eagle County capital grants, and project reimbursements for the multi-purpose recreational facility are all higher in 2004 than projected for 2005. The bus grants and Eagle County capital grants will be looked at in greater detail during the Capital Projects Fund budget review and as more information becomes available. Real Estate Transfer Tax is projected to be up $750,000 in 2005 compared with the original 2004 budget due to redevelopment projects and strong real estate sales throughout the town. All other year-to-year variances are small even after considering the impact of redevelopment, with General Fund revenue essentially flat. 040729 Major Revnue Analysis - 2 - Version 2 Changes Highlighted Town of Vail Proposed 2005 Budget Timetable Contributions Council criteria discussion 05/18/04 Deadline for return of packets 07/30/04 Commission on Special Events presentation to Council 08/17/04 WCTB presentation to Council 08/17/04 VCBA presentation to Council 08/17/04 VLMDAC presentation to Council 08/17/04 Info center recipient p~csentation to council 08!17/04 Gouncil decision on fund~ngfor 8/17, presentations 08/17104' Council evaluation of requests and direction for 2005 budget 09/07/04 Budget Guidelines Council discussion of budget timetable 05/18/04 Council discussion of budget philosopies 06/15/04 Budget Discussion w/ Department Heads ~ 06/22/04 Guidelines distributed to department heads 07/01/04 Presentation of 2003 audit report to Council OS/03%04- Compensation and benefits discussion 08!03/04 2004/2005 parking program recommendation TBD Budget Preparation Capital budget request for county funds submitted 06/11/04 Staff prepares departmental budgets 07/19/04 to Council discussion of major revenue items 08/03/04 Council review of first draft of 5-year capital projection 09/07/04 Council review of first draft of 5-year RETT projection 09/07/04 Council review of AIPP master plan/2 year plan 09/21/04 Donovan Pavilion Mgmt Co budget presentation to council ; 09f21/04 ~ Council review of second draft of 5-year capital projection 09/21/04 Council review of second draft of 5-year RETT projection 09/21/04 Town Manager reviews departmental budgets 08/18/04 to Town Manager's budget complete 09/17/04 Council review of first draft proposal 10/05/04 Council review of second draft proposal 10/19!04 Budget Documentation and Reporting First reading of 2004 Supplemental Number Two 08/17/04 Second reading of 2004 Supplemental Number Two 09/07/04 First reading of 2005 budget ordinance 11/02/04 Second reading of 2005 budget ordinance 11/16/04 First reading of mil levy certification ordinance 11/16/04 First reading of 2004 Supplemental Number Three 11/16/04 Second reading of mil levy certification ordinance 12/07/04 Second reading of 2004 Supplemental Number Three 12/07/04 Mil levy certification deadline to Eagle County 12/15/04 Budget book submission 12/31/04 Complete Complete Complete Complete Complete c:.omplete Complete 08/13/04 09/03/04 Council Calendar Attachment A 7/29/04 MAJOR REVENUE ANALYSIS 1999 2000. 2001 2002 2003 2004 2004 2004 2005 Actual Actual Actual Actual Actual Budget Through June Projected Proposed General Sales Tax 15,111,367 15,368,598 15,734,387 15,264,581 14,734,552 14,725,800 8,275,022 15,000,000 14,725,000 1.8% 1.7 % 2.4% -3.0 % -3.5 % -0.1% 1.9% 0.0% Conference Center Sates Tax 1,708,461 1,655,000 990,015 1,740,000 1,707,000 3.1 Public Accomodations Tax 1,573,289 1,605,000 1,095,103 1,605,000 1,572,000 -2.1 % Conference Center 3,281,750 3,260,000 2,085,118 3,345,000 3,279,000 County Sales Tax 459,664 517,260 511,870 491,952 484,152 479,750 263,382 479,750 476,200 -4.9% 12.5 % -1.0% -3.9% -1.6% -0.9% 0.0% -0.7% Property Tax Revenue 2,002,660 2,082,770 2,420,327 2,630,105 2,667,496 2,478,145 1,989,027 2,478,145 2,500,000 3.8 % 4.0% 16.2% 8.7% 1.4% -7.1 % 0.0% 0.9% Lik Tax Revenue 1,710,061 1,961,723 2,145,587 2,344,921 2,273,055 2,420,500 1,922,681 2,420,500 2,438,000 -16.3% 14.7% 9.4% 9.3% -3.1% 6.5% 0.0% 0.7% Road 8 Bridge Revenue 423,671 466,024 477,279 492,166 474,919 464,000 170,968 450,000 450,000 -1.3 % 10.0% 2.4% 3.1 % -3.5 % -2.3% -3.0 % -3.0% Highway Users Tax 221,471 225,509 219,674 217,835 195,571 199,125 64,099 199,125 199,125 3.6 % 1.8% -2.6% -0.8 % -10.2% 1.8% 0.0% 0.0 Parking Revenue 1,513,610 1,980,421 2,313,445 2,548,806 2,993,378 2,905,000 2,119,100 2,905,000 2,905,000 -6.8% 30.8% 16.8% 10.2% 17.4 % -3.0% 0.0% 0.0% Franchise Fees 564,419 576,904 628,427 560,372 592,875 614,500 257,032 639,700 659,500 2.9% 2.2 % 8.9% -7.6°k 2.2% 3.6% 4.1 % 7.3% Construction Fees 516,999 606,671 789,170 854,377 1,020,917 904,445 523,284 1,123,380 936,800 (0.3) 17.3% 30.1% 8.3% 19.5% -11.4% 24.2% 3.6% RETT Tax 2,771,634 3,518,178 3,029,526 2,943,338 3,270,723 2,750,000 1,790,777 3,742,579 3,500,000 26.9% -13.9% -2.8% -15.9% 36.1% 27.3% All Other Revenue 10,293,881 7,474,985 7,081,393 6,555,874 7,058,132 7,456,531 3,219,535 7,417,841 4,632,989 -27.4% -5.3% -7.4% 5.6% -0.5% -37.9% Total Revenue 35,589,437 34,779,043 35,351,085 34,924,327 39,047,520 38,657,796 22,680,025 40,201,020 36,701,614 -2.3% 1.6% -1.2% 11.8% -1.0% -41.3% 77.3% -8.7% Percentage compared with 2004 budget Comments Left flat to projected then adjusted for redevelopment and Easter falling in March. in relationship to general sales tax in relationship to general sales tax total of conference center and public accomodation<. taxes. same historical relationship to sales tax Estimate pending information from county Inflation less redevelopment Trend is down; left flat with projected. Trend is down; left flat Assuming parking rates to stay the same as '03-04; left flat Inflationary increase; based on utility sales utility company revenues increase due to redevelopment projects increase due to redevelopment projects 04 included 2.7 million in capital project grants and reimbursements. Version 1 Major Revenue Analysis 040803 Attachment B 7/29/04 Version 1 Town of Vail Impact of Redevelopment Included in Revenue Projections Revenue Source Projected Project Construction Dates Sales Tax Lift Tax Construction Permits Real Estate Transfer Tax Village Streetscape 04/04 to 10/07 Reduced 2004/2005 No Impact No Impact No Impact Included as major project in original P3 Parkin 05/04 to 11/04 No Impact No Impact 2004 budget Included in 2005 Potential increase in 2005 due to more Potential increase in 2005 due to more Potential increase due to sale of condo Vail Mountain Lodge/Vail rooms not yet included pending more rooms not yet included pending more Included as major project in original units not yet included pending more Athletic Club 05/04 to 12/04 information information 2004 budget information Tivoli 07/04/ to 11/05 Reduced 2004/2005 Reduced 2004/2005 Increased -Received 07/04 Not included until 2006 Gore Creek Residences 07/04 to 10/05 No Impact No Impact Not included pending more information Included in 2005 Sonnenalp/Swiss Haus 08/04 to 12/05 Reduced 2004/2005 Reduced 2004/2005 Increased in 2004 Not included until 2006 Not included pending more Not included pending more Not included pending more Not included pending more Lionshead Core Site 08/04 to 12/06 ?? information/decision information/decision information/decision information/decision • Not included pending more Not included pending more Not included pending more Not included pending more Four Seasons Fall 2004 to 12/06 ? information/decision information/decision information/decision information/decision No impact vs. base; property has not No impact vs. base; property has not Not included pending more Not included pehding more Vail Village InnNail Plaza 11/04 to12/06 been generating revenue been generating revenue information/decision information/decision Not included pending more Manor Vail 04/05 to 12/06 Reduced 2005 Reduced 2005 information/decision No impact until 2007 Not included pending more Crossroads 04/05 to 12/06 Reduced 2005 No impact information/decision No impact until 2007 F:\Users\FINANCE\BUDGET\BudgetO5lRevenue\Impact of Redevelopment Attachment C 7/zg/o4 MEMORANDUM TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: August 3, 2004 SUBJECT: Update on the Vail Conference Center Planner: Russell Forrest 1. PURPOSE The Vail Conference Center Advisory Committee (Committee) is requesting the following from the Vail Town Council: • Review the recommendation from the Committee on design team selection and provide input on next steps. 2. BACKGROUND The Vail Town Council on April 20, 2004 authorized a series of next steps which included interviewing owner's representative firms for the Conference Center. On April 29, 2004, the Committee met to interview five owner's representative firms. On May 18, 2004 the Vail Town Council authorized the Town Manager to execute a contract with ARC to be the Town's owner's representative and funding for the first phase of this contract or $8,510. The Vail Town Council also authorized the Committee to negotiate with both Piper Jaffray and Kirtpatrick Pettis to be the Town's investment banker on this project. On June 1, 2004 the Vail Town Council voted to approve the following requests from the Committee: • Authorization to engage Piper Jaffray as the Town's investment banker for the Conference Center. • Authorization to issue a Request for Qualification (RFQ) for design team assistance on the Conference Center. • Request to move forward with a negotiated guaranteed maximum price (GMP) process for engaging a design team and a general contractor (as opposed to a design build process). This essentially means that both the architect and general contractor will work for the Town of Vail. • Request for the Vail Town Council to approve the next phase of an owner's representative contract. The preconstruction phase of the contract would cost up to $155,774. However, the Committee is only requesting $93,212 (includes fees and reimbursables) to fund this function until a decision is made by the Vail Town Council to issue bonds which is anticipated in the November/December 2004 time frame. On June 15, 2004 the Vail Town Council reviewed and approved the following next steps: • Approval of the proposed process for engaging the public in the design team selection process. • Selection criteria for request for proposals. • Consideration of proposed process givens. • Review of updated project budget and interrelated parking costs, and • Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top 3-4 teams selected in the qualification competition). On July 6, 2004 the Vail Town Council reviewed and approved the following next steps: Review the recommendation from the Committee on short-listing the design team candidates and to issue the Request for Proposals (RFP) to the six recommended design teams. Review and approve suggested changes to the design team selection process from the Committee. Request permission to issue a RFP for a surveyor to survey the Lionshead parking structure site and surrounding area. On July 20, 2004 the Vail Town Council approved shortlisting the field of candidates to: • Fentress Bradburn Architects Ltd (Partnered with Sherry Darwood & Peter Jamar Associates) • Horberger & Worstell & Gwathmey Pratt & Schultz • LMN Architects & Zehren • Thompson Ventulett, Stainback & Associates & VAG On July 26, 2004, the above mentioned four firms were interviewed with the public invited to participate. In addition, to the interviews more detailed references were provided to the Conference Center Advisory Committee. On July 27, 2004 the Committee met to review the input from the interviews and references and developed a recommendation for the Town Council to consider. 3. DESCRIPTION OF REQUESTS Selection Update The Interviews on July 26th were open to the public and included the following format: 45 minutes for design team presentation 30 minutes for the public to ask questions 60 minutes for the committee to ask questions In addition to the interviews, ARC prepared an executive summary of the ~ costs, references on the teams, and hours proposed by the four teams. In addition, the summary includes responses to questions the Committee had ~, for the teams (See Attachment A). The design teams were questioned at length on the qualifications of the individuals that were proposed to work on the project, creativity, and responsiveness to clients; what the teams believed were challenges associated with the site, fees and their understanding of the Town's development review process. A particularly revealing line of questions involved asking the teams how they dealt with three related projects that would be comparable to the Vail Conference Center. In the interview process the teams provided a variety of ideas to responding to the design challenges of the Vail Conference Center. At the end of the day, 6:00 p.m., there was a public reception for the community to further ask questions of all four design teams. It should be noted that this was not well attended by the public. However, it did provide an additional opportunity for the Committee to ask the design teams questions. On July 27~h, the Committee met to review the input from the oral interviews. Members of the public were again invited to participate in this follow up meeting. The Committee anticipated having two top candidates to bring to the Vail Town Council for your consideration. However, after each individual that participated in the interviews stated their preferences for a design team, it was very clear that Fentress Bradburn was the unanimous first choice of the Committee. Fentress Bradburn brought the highest level of creativity and "brain power" to the project. It was felt they could design a project that would be extremely successful in being a civic centerpiece while also being compatible with the design vernacular of Vail. Fentress Bradburn had the best team in creating a successful urban design to ensure that the conference center, parking structure, and potential transit center would be integrated, work well together, and tie Lionshead and Vail Village together. Their team also included Sherry Dorward and Wenk Associates, along with Rick Pylman from Peter Jamar Associates which gave them a solid connection to the community. Fentress Bradburn had a total cost estimate of $2,217,117. The Committee made a conscious decision to not make cost the first criteria but rather quality and creativity. However, after reviewing the cost estimates of all four groups Fentress Bradburn did have the least expensive cost proposal. The other candidates were all extremely talented and well qualified to complete the project. When pressed and after significant debate the second choice was the LMN and Zehren. However, TVS and VAG had significant strengths and were very competitive with LMN and Zehren. Based on the above mentioned discussion, the Committee would strongly and unanimously recommend Frentress Bradburn as the Committee's first 3 choice. Staff has scheduled time in the evening meeting on August 3~d for Fentress Bradburn to make a similar presentation to the Vail Town Council as they did to the Committee on July 26th. The Vail Town Council may choose to move forward and, direct the Town Manager to enter into a contract with Frentress Bradburn or if the Vail Town Council would prefer, the committee could arrange interviews with LMN/Zehren and/or TVS and VAG. It should be noted that to obtain a fair comparison of the teams it took over 11 hours of interviews to really understand the differences between the four outstanding candidates. After that intense interview process it did become clear to the Committee that all the teams were strong candidates but that Fentress Bradburn stood out in the competition. Another recommendation from the Committee that was unanimous was not to hold a design competion. Each team was asked about a design competition or presentation. After discussing the pros and cons of asking the design teams to prepare renderings or elevations of their vision for the conference center, it was agreed that a design presentation was not necessary for the following reasons: The design teams are presenting their vision which does not include the benefits of an adequate understanding of the needs and wants of the client, community, or adjacent home owners. You are given "pretty pictures" that may or may not be buildable or affordable at the end of the day. In other words it can create false expectations. There is the risk that without adequate input from the client and community that inappropriate images are generated that polarizes the community. The participating local design professionals working with the Committee (Susan Bristol, Kyle Webb, and Pam Hopkins) provided critical. input on this issue. They provided a compelling argument to pick the best design team that is responsive to the community's needs and allow them to actively listen to the community in developing an architectural vision for the project versus developing that vision in a void. 4. PROPOSED NEXT STEPS The major next steps include: 1. The Committee will review the selection process with the Vail Town Council on August 3, 2004 and make the above mentioned recommendation. In addition, Fentress Bradburn will be available for an interview with the full Vail Town Council at the August 3`d evening Council meeting. 2. The Committee would like to invite the Vail Town Council and interested members of the public to visit to Fentress Bradburn's offices and the Denver Conference Center, which they designed prior to August 17, 2004. 3. On August 17~h at the Vail Town Council meeting the Committee would like to receive approval on a contract with Fentress Bradburn. 4. Once a contract is approved by the Vail Town Council, then an initial public meeting would be held to update the community on the project and begin a 4 . scoping process to solicit input on the project, design, and critical challenges with the community, adjacent property owners, and other stakeholders. The primary purpose of this scoping first step would be to help define the issues that need to be addressed in a master plan for the site and help define the architectural vision for the project that integrates the needs of adjacent property owners, .conference center users, and the community at large. 5. After a scoping process has occurred, the selected design team would provide the community with alternative images, elevations and site plans to consider. Attachment A: Executive Summary of Design teams from July 26th oral interviews. Attachment B: Qualifications and Proposals from Fentress Bradburn, TVS, & LMN. F:\Users\cdev\COCJNCIL\MEMOS\04\conference center080304.doc Attachment A: Input from Public Meeting J TOWN OF VAIL CONFERENCE CENTER 26 JUL 04 TOWN OF VAIL CONFERENCE CENTER DESIGN TEAM ORAL INTERVIEW INFORMATIONAL SUMMARY I -~, ~~;_ - - - - __ .__, = - ~; - f r, : ~ ~~ ;-.try , , ," y ~ r,~ ~ P C } r ""'~ i[ -.,~_ ~ r _ ~ ~ ~ P. - b.~L r - - 1 ~ E ~~ ~-- ___- --_ ~~~'-=-~ " ,~" ~~ ~" - ;(~ ~ c~ ~ ,~ ~ _ ` ~ ~ ~~ ,, - - ~ ~ 4~ s - ~~3,i Y~= ii. ~)9~~ p ,~~` ~.~:, ,~...i fit g . ~~//~ - `}- ~~ ~ ~; Architectural Resource Consultants, Inc. < 1, u10 Mpanoa Aro. • SuIU 320 • Baultlar, 00 80103 • (10.7)MI-0110 ~ Fea (10.7)b13•t50D i TOWN OF VAIL CONFERENCE CENTER 26 JUL 04 Table of Contents 1. Design Team Information Executive Summary 2.Reference Checks 3. Preconstruction Hours Table 4. Construction Hours Table 5. Revised Fee Spread 6. Revised Fee Chart 7.Answers to Pre-Interview Questions Executive Summary Town of Vail Conference Center ze rug oa Design Team Information Description • i Fentress Bradburn Hornberger + Worstell / Gwathmey, Pratt, Schultz LMN / Zehren NS / VAg Average Lead Firm Location Denver CO San FCAsisco, Seattle, WA Atlanta, GA , Local Firm Location N/A Vail Vail Avon Firm Conference Ctr/Convention Ctr. Experience' 6 9 41 32 22 Hours Preconstruction Principal 16 - 40 36 71 40 44 Associate 60 Project Manager 16 - 24 20 68 27 Project Architect 64 - 80 40 135 35 71 Total 96 - 144 76 226 203 156 Construction Principal ~ 8 36 11 24 20 Associate 6 Project Manager 32 - 40 2 68 27 Project Architect 32 - 48 40 61 35 44 Total 72 - 96 76 74 133 92 Fees Base Fee & Required Parking 2,148,565 2,738,500 2,995,000 2,331,624 2,470,622 Reimbursable Topset 153,252 251,350 175,000 124,080 175,921 Total 2,301,817 2,989,850 3,170,000 2,455,704 2,646,543 Reference Check Score (out of 24 possible) 23.50 21.32 23.33 23.71 22.97 Validated Proposed Schedule Yes No Response Yes Yes Design Deliverable (0 - 5) 4.75 4.25 4.5 5 4.6 Benefit to a design presentation No No Comment No No r Funding Willing to perform design presentation w/o $? Typically No enhances Very Reluctant Compensated results ' Numbers were adjusted from previous presentations to include convention center experience in addition to conference center experience and , were arrived at per information included in RFQ/RFP responses, excluding studies. • Fwmr¢aw inrr,w E..oiu.F a,.,,...,+~ P p7N1 Mw.sn, a~.w.uu cm,uenn.,m Reference Check Summary Town of Vail -Conference Center zs ~u~ oa Design Team References >rQuestion Total ""a'laele Fentress Bradburn Hornberger Worstell LMN Zehren TVS VAg Average ~ Did the design team do what they said they were going to do? 3 2 75 2.86 3.00 2.67 3.00 3.00 2.88 2 Does it get done when they said it would? 3 3.00 2.43 3.00 2.67 3.00 3.00 2.85 3 Is the quality of the design acceptable? 3 3.00 2.71 3.00 3.00 3.00 3.00 2.95 4 What is your overall satisfaction with the value added by the design team? 3 3.00 , 2.75 3.00 2.67 3.00 3.00 2.90 5 Are you satisfied with the operation costs of the facility? 3 3.00 2.50 3.00 3.00 3.00 3.00 2.92 6 Are you satisfied with the functionality of the facility? 3 3.00 2.71 3.00 3.00 3.00 3.00 2.95 7 Were your input and needs respected, accounted for, and incorporated during preconstruction? 3 3.00 2.71 3.00 3.00 3.00 2.67 2.90 8 Design Documents 3 2.75 2.64 3.00 2.67 3.00 2.75 2.80 FIRM TOTAL 24 23.50 21.32 24.00 22.67 24.00 23.42 23.2 TEAM TOTAL 24 23.50 21.32 23.33 23.71 23.2 Scoring 0 =Unacceptable 1 =Below Average 2 =Average /Acceptable 3 =Exemplary /Outstanding 2lprofeclsUl9 -TOV Conl CIrViF01 O 2004 All Rights Reserved by Mtl~MalS~arRer Rabnnca Checw Oua~Wm ]t JOL W.~b Page 1 0l i Archilecturel Resource Consultants, Inc. Additional Commenu Town of Vail -Conference Center Design Team References Additional Comments from Reference Checks 26 JUL 64 Fentress Bradburn Hornberger Worsteli LMN Zehren TVS VAg Exceeded expectations. Great to work with. Unique, flexible, functional, Have used on several Very well respected, top Very solid firm Attention to detail. Would Quick to find ideas. Good open minded projects notch firm with very talented hire again with design build. staff Work well with Community had financial politicaUsensitive Great job. 1st class, award- ~ issues & wanted a project No egos. Innovative communities. Can not say winning project. Worked Have worked with them for outside of budget. NS Strength in design. Met or enough good things about well with citizen input. years worked with community until exceeded expectations them Designed to fit community the project was under budget. Unique designs Love the building. Flexible Creative, world class architect that deals with Couldn't pick a more Good people that do what Receptive to ideas architect with broad changes well. Quite helpful ' Good local firm outstanding firm to work they say they will exposure iri anticipating owner s with needs Highly recommended. Had Coordination with trades Very satisfied. Put as much Wonderful job. Easy to work with, would hire again. to deal with a number of was lacking. Principals are focus on back of house as Some minor issues remain, owner changes & budget readily available. Good with front of house. Innovative but they are working concerns space planning and easy to work with through at no cost. A~iuaa~~waa wr...~u cn.rf Mw i~ N~ a.a Pape 1 of 1 Art~lecWn R~ouN upC neuMnnla~IncY Team Member Hours Town Of Vail 26 JUL 04 Conference Center Design Team Member Weekly Hours Per Information Submitted in RFQ Preconstruction LMN /Zehren ~ TVS / VAg F t B db Hornberger en ress ra urn Worstell LMN Zehren TVS VAG Position Name Hours Name Hours Name Hours Name Hours Name Hours Name Hours President Mark Hornberger 6 Executive Vice President Jack Worstell 4 Senior Vice President John Davis 16 Design Principal Curtis Fentress 16 - 40 Burton Miller 10 Rafael Vinoly 36 Principal- 1 Michael Ezell 20 Brian Judge 20 Management Principal Chris Eseman 20 Jack Zehren 15 Principal /Interior Designer Liz Neiswander 12 Associate Principal Ken Stockdell 12 Senior Associate Thomasingram 36 Design Team Leader Jud Marquardt 20 Anne Gunion 38 Senior Project Manager Christy D'Agostino 30 Project Manager John Kudrycki 16 - 24 Senior Project Architect David Baum 35 Project Architect 1 Michael Winters 32 - 40 Randy Zwicker 40 Don McDonald 40 Tim Losa 25 Project Architect 2 Brian Tennyson 40 Brian Sipes 30 Interior Designer Andrea Devitt 32 - 40 Ftrm Total 96 - 144 76 156 70 80 123 Team Total 96 - 144 76 226 203 Page 1 of 2 Team Member Hours Town of Vail 26 JuL o4 Conference Center Design Team Member Weekly Hours Per Information Submitted in RFQ Construction LMN /Zehren TVS / VAg Hornberger Fentress Bradburn Worstell LMN Zehren TVS VAG Position Name Hours Name 'Hours Name Hours Name Hours Name Hours Name Hours President Mark Hornberger 10 Executive Vice President Jack Worstell 12 Senior Vice President John Davis 10 Design Principal Curtis Fentress 8 Burton Miller 4 Rafael Vinoly 4 Principal Michael Ezell 2 Brian Judge 20 Management Principal Chris Eseman 2 Jack Zehren 5 Principal I Interior Designer Liz Neiswander 2 Associate Principal Ken Stockdell 2 Senior Associate Thomas Irigram 4 Design Team Leader Jud Marquardt 2 Anne Gunion 38 Senior Project Manager ~ Christy D'Agostino 30 Project Manager John Kudrycki 32 - 40 Senior Project Architect David Baum 35 Project Architect 1 Michael Winters 16 - 24 Randy Zwicker 40 Don McDonald 8 Tim Losa 25 Project Architect 2 Brian Tennyson 8 Brian Sipes 20 Interior Designer Andrea Devitt 16 - 24 Firm Total 72 - 96 76 24 50 10 123 Team Total 72 - 96 76 74 133 Page 2 of 2 Final Fee Summary Town of Vail Conference Center 19 JUL oa Architectural and Engineering Fee + Reimbursable Spread Description Fentress Bradburn Hornberger / Worstell LMN / Zehren TVS / Vag Average Design andlor Enaineerinq Fees \~ Masterplanning & Programming 105,280 110,000 69,056 103,500 96,959 Schematic Design 239,920 315,000 423,142 352,040 332,525 Design Development 411,900 481,000 507,770 458,220 464,722 Constuction Documents 843,975 925,000 1,184,796 873,955 956,932 Bidding & Negotiation 89,640 121,600 84,628 109,280 101,287 Contract Administration 373,150 644,400 620,608 434,629 518,197 Subtotal Fees -Conference Center Only 2,063,865 2,597,000 2,890,000 2,331,624 2,470,622 Additional Required Parkins Fees Alternate One -125 Parking Spaces 84,700 141,500 105,000 Incl 110,400 Subtotal Fees -Conference Center Reg'd Fees 2,148,565 2,738,500 2,995,000 2,331,624 2,553,422 Alternate Design and/or Enaineerinq Fees Alternate Two - 200 Parking Spaces 21,340 57,200 30,000 45,200 38,435 Alternate Three - 400 Parking Spaces 89,640 113,000 120,000 77,000 99,910 Alternate Four -Five Bus Drop-off 8 Transit Center 62,700 84,680 45,000 52,000 61,095 Alternate Five -Road Template 60,200 17,000 30,000 46,000 38,300 Subtotal Fees -Alternates 233,880 271,880 225,000 220,200 237,740 Reimbursable Expenses - Conf Ctr Onlv Reproduction & Printing Costs 91,520 90,600 76,000 25,100 70,805 Postage, Shipping 8 Long Distance Telephone 19,700 38,900 24,000 8,800 22,850 Airfare, Hotel, Meats, and other Travel Costs 28,100 79,500 75,000 78,900 65,375 Reimbursable Contingency 13,932 42,350 40,000 11,280 26,891 Subtotal Reimbursable Expenses 153,252 251,350 175,000 124,080 175,921 Total of Base Fees & Reimbursable Expenses 2,217,117 2,848,350 3,065,000 2,455,704 2,646,543 1'WgMab9- Tav ConICMAFN - O MW AN XO~! mwvM 0y Nd~nen~Dnl Mbnlw EUMMSUmvry.W P@9@1011 ~ MliltluniRaeue toiuuX~M,, Nc Revised Fee Amount by Candidate Town of Vail Conference Center Final Candidates Revised Original & Revised Fees 3,500,000 3,000,000 2,500,000 2,000,000 Fee Amount Difference in Original & Revised Fee Revised Base Fee & Assocated Parking 19 JUL 04 1,500,000 ~ ' _ _ 1,000,000 500,000 l ` ~ ~ t0 ~ 7 LL .~ ` ~ ~ ~ ~ t "~ ~ iv ~ ~ c ~- ~ N m m H co u- -a ~ . Z ~ np`~ ; ~ ~ l.. ~ ~+ ~ W ~ °' U ~ ~ ~i °' E o Q = _~. Candidates Pa e 1 of 1 02004 All Rights Reserved by J Architectural Resource Consultants, Inc. ~czlt~~~~s ., I3 r~ttil ~t.~ r`rt= - , 22 July 2004 Architectural Resource Consultants, Inc. 4410 Arapahoe Ave., Suite 220 Boulder, CO 80303 Re: Town of Vail Conference Center Pre-Oral Interview Questions Project: 200300.047 To Whom It May Concern: 421 Broadway Denver, Colorado 80203 303 -722-5000 303-722-7293 Fax Please find the following responses to your Pre-Oral Interview letter date 16 July 2004. Is your team comfortable with. the project program, scope and budget, each in terms of the other? For the purpose of answering this question, please assume the proposed quality of the interior finishes might be equivalent to those of the Vail Marriott. Yes, based on the information provided to us through the RFP process we are comfortable with the program, scope and budget and our ability to achieve your stated goals. We have a long history of bringing in p-ojects on time and on budget. 2. -Will the drawings that your firm delivers at construction documents be complete and unambiguous? Yes. No set of drawings and specifications can be perfect and no formal quality assurance review can make them so. Nevertheless, Fentress Bradburn engages in a rigorous quality assurance and quality control program to ensure that the documents we produce meet or exceed the standard of care with respect to clarity, coordination and completeness. The QA/QC program begins with the ongoing training of our staff, including adhering to document production standards and checklists and culminates in both intra and inter-disciplinary reviews at all project milestones. Fentress Bradburn is proud of the many compliments we receive from Contractors regarding the quality of our construction documents. Architectural Resource Consultants, Inc Town of Vail Conference Center ~; 22 July 2004 Page 2 3. Please describe how your team views the difference between "reviewing" and "approving" a general contractor's submittal. In accordance with paragraph 4.2.7 of AIA Document A201-1997, General Conditions of the Contract for Construction, Fentress Bradburn `will review and approve or take other appropriate action upon the Contractor's submittals... " subject to the limitations of paragraph 4.2.7. Review of the Contractor's submittals is an important responsibility of the design team. Fentress Bradburn sees this task as a proactive opportunity to assist the Contractor and ensure that the construction will be in compliance with the contract documents. Corrections to the shop drawings are relatively easy while corrections in the field are costly in both time and money. It should be noted however that review and approval of the shop drawings by the design team does not relieve the Contractor of his responsibilities in accordance with AIA DocumentA201. 4. Please compare the risks and benefits of the "hard bid" versus the "negotiated" methods of construction procurement. History shows that the initial contract sum for a project procured using a "hard bid" process will be less than the initial contract sum for the same project procured by negotiation. However this often turns out to be a false economy because the successful "hard bid "contractor usually spends considerable effort in attempting to increase the contract sum through change orders for items he alleges are not indicated to be provided in the contract documents. A great deal of energy and effort is then expended in the change order request, negotiation and resolution process which does not add value to the project. A negotiated procurement process allows the Owner to select the best overall value rather then the lowest price. Collaboration by the selected Contractor with the design team during the design process can result in identifying cost effective construction materials and system alternatives and can permit using afast-track approach which will result in cost savings and an earlier occupancy date. This may help to lock in bond interest rates at an earlier date, thereby saving on the cost of money. We have a great deal of experience working on "hard bid ", CM-GC and design assist projects, all of which have been successful. Architectural Resource Consultants, Inc Town of Vail Conference Center 22 July 2004 \~ Page 3 5. In the event of a "tie" between two design teams upon completion of the oral interviews, would you team be willing to enter a conceptual design presentation process if given three weeks to prepare? If yes, would 'you be willing to do so at no cost? Yes, we woacld be willing to enter a conceptual design competition should a "tie" occur between two design firms. However, in the interest of having public involvement in the project and moving forward fast to lock in bond rates a design competition dos not seem to be helpful to this process. Also the large number of design alternatives currently being considered would be confusing in ternzs of a design competition. Fentress Bradburn has participated in over 30 national and -~ international design competitions. All of the competitions in which we have participated have included an honorarium to defray a portion of the costs, which is typical of most competitions. 6. Would }ou be willing to consider replacing a member of your consulting team with another firm in the event the proposed consultant has a conflict of interest with other projects, or is otherwise found to be unacceptable? Yes, we are willing to replace a proposed consultant if they have a conflict of interest with other projects, or is otherwise found to be unacceptable. Every effort has been made to provide you with a high quality, cohesive and local design team that has the resources available to produce this project on the timetable established by the RFP. 7. Has your firm ever designed a project using 3-D conflict resolution software? If so, please elaborate. Yes. Fentress Bradburn is a leader in the use of 3D technology within the AEC community. Fentress Bradburn has made several presentations at national conferences on the subject. We have been using Architectural Desktop for 3-D modeling, for the past several years and have .become recognized as Building Information Modeling (BIM) experts. We are currently working with M.A. Mortenson Company on the University of Colorado Health Science Center Research Center II utilizing Navis Works and ADT for collision detection during the design phase and it will be enhanced with the shop drawing information by the contractor during the construction phase. For the US Federal Courthouse in Cape Girardeau Missouri, currently under construction by PCL .Construction Services, Fentress Bradburn developed the 3-D model to GSA's standards to identify conflicts and assist with conflict resolution. Architectural Resource Consultants, Inc Town of Vail Conference Center 22 July 2004 ~> Page 4 8. Has your firm ever used a project extranet? If so, in what capacity? Fentress Bradburn has used Project Extranet tools since their inception. Fentress Bradburn maintains and hosts an in-house application called ProjectWeb that acts as the front end for all files shared on our current projects. Project Extranet systems are often provided by the Contractor or Owner. We have ztsed Bentley's Viecon, Prolog's Project Talk, AutoDesk's Buzzsaw, Turner Talk and Expedition to name a few. The Colorado Convention Center Expansion project, utilizing Bentley's Viecon for project collaboration during design and Project Talk during construction, has processed over 25,000 documents including all RFI's, transmittals, change directives and tracking of submittals. Virtually all of the projects that we are currently working on use some type of project extranet system for document management and project communication. We have had a project extranet component on over 40 projects and find them to be very helpful to the design and construction process. 9. What does. your firm believe is the typical range of acceptable turnaround time for an answer to a Request for Information from a contractor during construction? Response time for RFIs is dependent on the complexity of the issue and the number of parties that need to be consulted on the issue. Fentress Bradburn is committed to working closely with the Owner and the Contractor to prioritize our efforts and meet any reasonable schedule. On past projects that we have worked on, over 90% of the RFIs have been answered ahead of the contractor established deadline. At no .time has a contractor ever made a claim against Fentress Bradburn for delaying the construction process. Fentress Bradburn is committed to staffing the job adequately to meet the Owner's schedule and the needs of the Contractor. 10. What is the time your team anticipates to be necessary, in business days after receipt from the contractor, for it to process this project's structural steel shop drawing submittal? Review time for the steel shops will be dependent on the quality and quantity of the shop drawings submitted and the complexity of the design. Most steel fabricators will divide the submittal into smaller packages that match their erection sequence. These packages can be turned around in a 10 day period of. time. Typically, for time sensitive submittals, the Architect's review is done concurrently with the engineer's review so that there is not a delay once the Architectural Resource Consultants, Inc Town of Vail Conference Center 22 July 2004 Page 5 engineer has completed their review. In critical situations Fentress Bradburn has orchestrated "shop drawing parties " where the design and construction teams meet to. review the shop drawings with the goal of being able to approve the submittal by the end of the meeting. Fentress Bradburn is committed to staffing the job adequately to meet the Owner's schedule and the needs of the Contractor. 11. Please describe how your firm would suggest it communicate with the community during the design process. What level of input is appropriate? How will it be managed? In virtually every public building project today, effective community dialogue and constructive public involvement throughout the planning process have become essential to a project's successful realization. The Vail Conference Center is no exception, and a concerted effort to engage the community will be an important element in our ,team's approach to the project. While basic program elements and project parameters have already been recommended, there are still important choices to be made in which public opinion should be an influential factor. A variety of tools, media and strategies may be employed, including task force and community meetings, public open houses, facilitated small group dialogues, newspaper columns, local TV, email, ToV website and direct mailings. Specific methods will be mutually defined during the design process. The Town staff will assist in identifying stakeholders and handling publicity through regular Town media. We have included Sherry Dorward, who has worked in Vail since 1989, on our team as a Community Liaison. Sherry will work closely with Curt Fentress and Mike Winters to coordinate all of the community communications. r Architectural Resource Consultants, Inc Town of Vail Conference Center 22 July 2004 Page 6 12. What experience does your team have with approving projects in the Town of Vail? Peter Jamar and Associates (PJA) will lead our team's efforts for approvals with the Town of Vail. This firm was selected because of their extensive experience in handling matters with the Town's Planning and Environmental Commission (PEC) and the Design Review board (DRB). Mr. Rick Pylman of PJA will be in charge of all Town approvals and permits. Mr. Pylman has extensive experience in working with the Community Development staff of the Town and the aforementioned review boards. The design team has extensive experience with the Town of Vail submittal and approval process. Members of our team has worked on over 40 projects within the town of Vail including the following projects: Vail Village Streetscape Design, Vail Police/Municipal Facility, Founder's Park and Parking Garage. , Best regards, Fentress Bradburn Architects Ltd. ~J~,.~, Curtis Worth Fentress, FAIA Principal in Charge of Design Hornberger + Worsfell, Inc. architects & planners 1 70 Maiden Lane San Francisco California 94108 telephone 415.391.1080 fax 415.986.6387 design~hwiarchitects.com www.hornbergerworsf a Il.com MEMORANDUM July 22, 2004 TO: ARC, Inc & Town of Vail FROM: Hornberger + Worstell, Inc. SUBJECT} Answers to RFP Questions Vail Conference Center Vail, Colorado . c iii J ° ` ~ L' F I -. i Following are the HWI Design Team responses to the pre-oral interview questions forwarded as of July 16, 2004. QUESTION 1: PROGRAM. SCOPE & BUDGET Yes, the HWI team feels that the Project program and budget are compatible, with a couple of qualifications for confirmation as the Project moves forward: 1. The program at 100,000 GSF may prove a little tight in accounting for ample service and circulation space to facilitate the full complement of programmed function space. 2. The target .construction budget should afford latitude in the Project design as long as it can be managed to control such things as: 1) avoiding a large amount of subgrade construction or offsite construction; 2) exercising care in the complexity and articulation of the building, or proportion of highly expensive materials. QUESTION 2: CONSTRUCTION DOCUMENTS Yes, the HWI team is committed to preparing clear and coordinated documents sufficient for successful construction of high-quality, complex civic and commercial buildings. We believe that we can demonstrate a record of completed projects that were documented successfully by our 6rm as Design Team Leader with rosters of consultant engineers and design specialists. QUESTION 3: REVIEWING/APPROVING SUBMITTALS As a standard procedure of our practice, the HWI team endeavors to give General Contractor submittals thorough review, to coordinate the review with associated portions of the work and to provide positive direction to the General Contractor to proceed with the work with at the least specific required measures to bring the submittal into design conformance. Our submittal/shop drawing review processing is PROACTIVE, not passive. By the same token, HWI is careful not to assume the r 1 of 5 Hornberger + Worstell, Inc. architects 8 planners 170 Maiden Lane San Francisco California ' 94108 telephone 415.391.1080 \~ fax 415.986.6387 design®hwiarchitects.com www.hornbergerworstell. com raUfnt)~f'cCr ,~ o ~ ~: t ~ f ~~'~ Contractor's expertise or responsibilities for proper fabrication or installation of the work. QUESTION 4: HARD BID VS. NEGOTIATED CONTRACT With due respect to the necessities of "public bidding," it is our experience that "hard bid" construction contracting does not provide consistent advantages over a well managed "negotiated price" contracting method, especially for uniquely designed, highly visible projects. Advantaees that "hard bid" procurement can provide include: • Lowest cost competitive pricing through multi-subcontractor bid competition. • Requirement of thorough preparation and coordination of drawings and specs to communicate the design clearly and reduce discrepancies and misinterpretation. On the other hand, the concomitant risks of "hard bid" include: • Assuring that the qualified cross section of Contractors and subs are well suited to the Project, and foremost: • The process excludes Contractor involvement in the design process until after the design is complete! Contractors axe not involved to advise the design process, to evaluate alternate means and methods, to know the project in depth. Conversely, the "negotiated price" affords significant advantases by including General Contractors in preconstruction services, i.e.: • General Contractors are interviewed and qualified early in design and retained to look over the design as it develops for cost, comparative means and methods, and constructability. • The preconstruction activity is done in a spirit of cooperation between Design Team and General Contractor, not in a competitive climate. • The preconstruction/negotiation process makes the General Contractor and key subs more familiar with the intricacies of the Project. The process also makes both the General Contractor and Design Team more accountable for the Project scope and price to reduce cost surprises when final contracts axe awarded. There are few risks associated specifically wit the "negotiated price" method as opposed to the "hard bid." i 2of5 -- ~;om~:~erg~r i ~ur1r1! QUESTION 5: DESIGN COMPETITION In the event of a two-firm "tie," HWI would be willing to participate in a limited design competition. We would, however, not be amenable to participating at no cost. It is customary to request at the least a modest fixed compensation to cover direct costs and a portion of our contributed design time. QUESTION 6: CONSULTANT TEAM HWI is a strong proponent of its consulting team and proud of our long-standing, successful relationships with many of them. However, if deemed necessary, HWI is willing to discuss and review team members and make modifications to assemble the best team suited for the Project. HWI is experienced in working with a number of other qualified Colorado-based design and engineering firms. QUESTION 7: 3-D CONFLICT RESOLUTION SOFTWARE HWI has not had first-hand project experience utilizing 3D conflict resolution software. We have familiarity with "Revit" and other similar software technology and would be willing to implement it on the VCC Project if desired. QUESTION 8: PROJECT EXTRANET Yes, HWI has utilized project specific extranet site services on several projects, notably: • The Northstar Village Projects/Northstar, Lake Tahoe, California As Executive Architect for the Northstar Village, HWI has initiated, set up and managed a."Buzzsaw" project extranet site that has served as the central source for drawings, correspondence and day-to-day E-communication on the Project. The Project participants utilizing the site with great success have included ownership entities in three locations in three time Zones, over 25 design professional firms, environmental planning and consulting team, contractors and subcontractors, as well as a number of local and county review agencies. QUESTION 9: RFI RESPONSE PROCEDURES HWI has utilized and recommends for the Vail Conference Center a two-tiered approach to receiving and responding to RFI's and related construction issues. The first tier of RFI response we refer to as the "RFI Hot Log" process whereby received RFI's are logged as urgent and accelerated for 24-hour response. The Hot Log is an effective procedure for Contractor, Design Team and Owner to identify immediate response issues and assure that they are attended to and resolved. The second tier is our "normal" RFI response procedure that is geared for not more than one-week turnaround. H~~1I is proactive in monitoring consultant review and response, logging ~, activity, and in following through with any drawing revisions if necessary to resolve field issues. July 22, 2004 3 of 5 Memorandum i ~r. l~~~ 6 f S f~ l~ ~. QUESTION 10: STRUCTURAL STEEL SUBMITTALS The structural steel shop drawings preparation and review process can be very burden- some, especially to projects on a fast design and construction scheme. The process can be improved by: 1. Apre-detailing conference. 2. Weekly meetings with the' fabricator, detailers and Design Team during the shop drawing period. 3. Visits to detailer's office by the Design Team. 4. A firm submittal schedule. A project of this complexity will probably have multiple submittals for structural steel. Each of the submittals would typically be reviewed within six business days or less, assuming that the steps above axe implemented and that the review by all members of the Design Team can occur simultaneously. This requires daily teamwork between the Architect, Structural Engineer and General Contractor's review personnel with meetings to jointly mark-up comments on submittals. If the structural steel order- fabrication-erection schedule is critical to construction timing, the HWI team would recommend an advanced steel "mill order" package be issued to accelerate the steel shop drawing review and mill fabrication. process. (An advanced Mill Order Package was issued for the Park Hyatt Beaver Creek allowing for expedited delivery and erection through. a winter session.) QUESTION 11: INTERFACE WITH COMMUNITY HWI and GPS are proud of their records and reputation in working closely with community groups and public agencies on projects of importance and interest. Our combination of experience in mountain communities, and in the rigorous public environs of our home state of California, have set us apart as architects who reach out to engage the community, to understand its character and become devoted to its issues, sensitivities and aspirations. Communication with the Vail community begins, continues and ends with the topmost members of our team. Mark Hornberger and John Davis and Ned Gwathmey and Henry Pratt will work with the VCCAC to organize a set of progress meetings that is interactive and aimed at interfacing with the right groups at the right time. We engage stakeholders, present with clarity, listen and respond such that their issues become our issues. We understand the need to flex with changing community needs and dynamics, but the HWI team is committed to retaining control of the process, guiding the design to positive outcome and unified support. Although "outsiders," HWI has a particular knowledge and feel for Vail and the unique Vail community and believes that we can shepherd the stakeholders and interested citizens through a rewarding experience of hashing out issues and developing excitement about our vision of the new Conference Center July 22, 2004 4 of 5 Memorandum rIC~(;~,~~r^[~ i '_ i r i 5' ., s ! QUESTION 12: APPROVALS IN THE TOWN OF VAIL Hornberger + Worstell, Inc. has had interaction with Town of Vail citizens since 1985, but no direct experience with approvals in the Town of Vail proper. We have, however, longstanding experience in the Vail Valley and have worked on completed projects in Beaver Creek, Avon and Eagle County, as well as in the mountain communities of Sun Valley/Ketchum, Idaho, Squaw Valley, California, and Northstar/ Truckee, California . Gwathmey Pratt Schultz Architects. have practiced in Vail for over 25 years and are one of the preeminent firms in the area in planning for the Vail community, participating in the public arena, and in the design of some of the more memorable buildings in the Vail Valley. Ned Gwathmey and Henry Pratt have both served on approvals boards with distinction and advocated for best practices and good design. JcD JCD/adi cc: 01500/CF July 22, 2004 5 of 5 I~femorandum ,~.^ ,~ ~,{ T ~~+ `ti~,% ~~~ OF r~Ew ~O~wFE~Er~~E .ENTER ~', /,' ~ , ~ ~~' ~-- ~ ~ ~ ~--_--,-~_ ~--~- r~ ~~=, `_, r ~ ~ ~ ~~ ~ =`,~~_ v -. PRE-ORAL INTER.VIt~^~' OUESTfO~1S ~J ? L ~ 4~i LMNAF3CHITECTS ~. ~ n wit Zefiren & Associates, lnc. RESPONSE TO QUESTIONS The following is the LMN-Zehren Team commentary in response to the 12 questions forwarded in the notice to Interview Candidates dated July 16, 2004. The answers and commentary are to be considered within the context of related information forwarded in the Team's responses to the Request for Qualifications and the Request For Proposals. 1. is your team comfortable with the project program, scope and budget, each in terms of the other? For the purpose of answering this question, please assume the proposed quality of the interior finishes might be equivalent to those of the Vail Marriott. Our Team is comfortable with the interrelationships of the project's program, scope, and budget. 2. Will the drawings that your firm delivers at construction documents he complete and unambiguous? Our Team's work products, in particular the construction drawings, will be complete and unambiguous consistent with the Professional Standard of Care for similar work executed by similar disciplines. 3. Please describe how your team views the d~erence between "reviewing"and "approving"a general contractor's submittal. There is no substantive difference between "reviewing" and "approving" except in the presumed levels of liability, about which there must be clarity. The "review" and/or "approval" of submittals by the design team is undertaken to check for compliance with the design and technical intent of the construction documents. Neither should carry v<~ith it any implication of a level of construction responsibility which is solely vested with the contractor, and not the architect/design team. 4. Please compare the risks and 6en~ts of the "hard bid" versus the "negotiated" methods of construction procurement. To achieve quality competitive bidding results requires the preparation of bid documents that are as complete and comprehensive as possible (largely executed without committed contractor input) to insure truly comparative bid submittals. This potentially produces the most competitive and lowest project cost. However, the ideal process should allow for the necessary time and fees to document bid alternates for optimum construction contracting flexibility. If such bid flexibility is found to be insufficient, additional time (and perhaps fees, if cause is not that of the design team) can be incurred to redesign portions of the work to bring the cost of the project within the budget available. A negotiated contract allows the owner to engage a contractor before construction documents are fully developed, establish a gross maximum price (GMP), and have the design team complete the documents while incorporating contractor fine tuning of project issues related to quantity, quality and constructability. Ideally, this process eliminates the potential For any cost/contracting delays and facilitates complex phasing opportunities through the preparation oFearly bid packages. However, conflicts can occur between quantity/ quality assumptions made by the contractor in early assessments but overlooked in the detail eventually included in the final documents. S. In the event of a "tie" between twa design teams upon completion of the oral interviews, would your team be willing to enter a conceptual design presentation process if given three weeks to prepare? f yes, would you 6e willing to do so at no cost? Our Team would be willing to enter into a conceptual design competition to break a "tie" between two finalist teams. However, the validity of the results of such a competition is greatly enhanced if the competition is funded and considers the following. The competition must be based on a written competition "brief" that spells out the detailed quantity and quality expectations for the project. The preparation of such a brief takes time, but is absolutely essential to establishing the same "playing field" for both competitors. Even so, submittals are likely to portray seductive but costly project features that are qualified in such a way that LMN Architects/Zehren and Associates, Inc. Vail Conference Center ~ 1 their inclusion in the final work is highly problematic. In any event, there is no compelling evidence that suggests a competition yields superior results over selecting a team via a qualifications based approach and then diligently working with that team to sort out concept options and embarking on a traditional process that leads to a highly creative functional and aesthetic solution that meets all program, design, and budget expectations. 6. Would you be willing to consider replacing a member of your consulting team with another firm in the event the proposed consultant has a conflict of interest with other projects, or is otherwise found to be unacceptable? Our Team would be willing to consider replacing a member of our consulting team if notified in writing of the specific and legitimate conflict of interest. The choice of any replacement consultant would include our input and agreement. 7. Has your firm ever designed a project using 3-D conflict resolution software? f so, please elaborate. For significant projects our Team (LMN) employs Building Information Modeling (BIM) using the most re- cent versions of Bentley MicroStation and Bentley Architecture (formerly TriForma) software. Because this approach utilizes a single 3D model from which 2D drawings are extracted, the 3D model feature facilitates coordination of documents between all participating disciplines. 8. Has your firm ever used a project extranet? if so, in what capacity? In the execution of significant projects over the past S years, our Team (LMN) has used extranet teclinology. Systems employed have varied from simple "intranet" capabilities limited in access to consultant participants to more robust systems providing features for contractor, client, and/or public access. In no instance has LMN been the actual system provider, preferring rather to contract with entities providing such services. 9. What does your firm believe is the typical Tange of acceptable turnaround time for an answer to a Request for Information from a contractor during construction? Typically, the contractor will prioritize Requests for Information (RFI) based on the submitted and approved construction schedule. .The setting of this schedule includes the review and input of the owner, design team, and construction manager, and forms the critical path basis for establishing major milestones and final completion. The actual processing of any given RFI, while consistent with this schedule, is dependent upon the amount and complexity of information requested and can range from aturn-around time of a few hours for a simple clarification, to as much as 5-7 business days for a major technical shop drawing review. 10. What is the time your team anticipates to 6e necessary, in business days after receipt from the contractor, for it to process this project's structural steel shop drawing submittal? Typically, steel shop drawings are submitted in packages or groups based on the construction schedule and staging for installation. Each submittal package, based on the size and complexity of the package, will typically require 5-7 business days to review. It is important to recognize in successful and efficient shop drawing review processes, the importance of a high level of collaborative team commitment between the design team and the contractor. LMN Architects/Zehren and Associates, Inc. Vail Conference Center ( 2 } I1. Please describe how your firm would suggest it communicate with the community during the design process. What level of input is appropriate? How will it 6e managed? Our Team (Zehren) has unsurpassed experience in shepherding projects through the Vail community review process and would pattern an approach similar to the following. We would communicate with the com- munity at large through scheduled design and review meetings both as part of the legally.re9uired design review and approval process as well as through a series of community relations meetings scheduled to update the public on project progress. These meetings would be configured to welcome community input and to provide explanation for project development to date. Management of this process would occur through a mutually agreed upon meeting schedule, comment and input procedures (verbal, written, etc.), and response duration and procedures from the design team. 12. What experience does your team have with approving projects in the Town of ~ai1? Our Team (Zehren) has extensive experience with the entitlements and approvals process within the Town of Vail particularly with regard to large-scale development and hospitality projects. We have received ap- provals and entitlements for the following projects, all of which were managed by personnel proposed for the Vail Conference Center project. • The Lodge at Vail International Wing (Orient Express Hotels) • The Vail Village Inn Redevelopment (Vail Plaza Hotel-East) • The Chateau Vail Redevelopment (Vail Plaza Hotel-West) • The Chateau Vail/Alpine Standard Redevelopment (The Four Seasons Hotel and Resort) • The Vail Mountain Lodge and Spa, Phase III Redevelopment Additionally, we helped facilitate the adoption of the Lionshead Master Plan having authored the Architec- tural Design Guidelines for the plan. LMN Architects/Zehren and Associates, Inc. Vail Conference Center ~ 3 RESPI~NSES TQ PRE-INTERVIEW QUESTIONS ~ ~ ~ r~ ~ ~ e ~',. rte`! (~""~y ~. L F;{ i 1.~1 ~ ~~ ~ 1~~...~ f ri~ i~ ; ~ .f _ _~~°_ _•71 } ~ ~~ f ~ ' l 'W ~ ~ _ •'{~ej ii11 lit '"~ I -.G f-.. ',~ ' ~ /`f t' ~ ~'1E, ' ~ ~ f ~n ~~~ ~~ai~f,t~~i? ~ ate S~ lay s1F&5~`i.~ ~~ 2?t ~1+~ .,a,• t'R' _ ,. ~.wt €~ ~ ~ ~,~~ RESFUNSES TO FRE-INTERVIEW ;~UESTP~NS RESPONSES TO PRE-INTERVIEW C~UESTIONS RESPONSES TO TOWN OF VAIL PRE-INTERVIEW QUESTIONS The following are our team's responses to the questions eve received via E-mail on July 16, 2004. 1. Is your team comfortable with the project program, scope and budget, each in terms of the other? For the purpose of answering this question, please assume the proposed quality of the interior finishes might be equivalent to those of the Vai] Marriott. The summary program we were provided seems appropriate for the key function spaces included. In our opinion, based on the information we have received to date, the budgeted construction cost of $34.4 million seems adequate for the. scope ,and program. Issues that could pui: pressure on the budget irrcaude compression of the schedule, unusual cost escalations due to market conditions and shortfalls in other project budget items, In addition, if decisions are made that modify the scope of the project, such as pursuing IACC certification, LEI/D certification, incorporating the Visitor's Center currently on the project site, or other similar changes are made, the program, scope and budget may not be adequate. 2. Will the drawings that your firm delivers at construction documents be complete and unambiguous? Our experience with the project type has given us an understanding of the level of documentation required for the project type, and through VAg, the standards for documentation in the region. Ou.r documents will. have a level of quality consistent with those produced by like professionals experienced in this project type. 3. Please describe how your team views the difference between "reviewing" and °approving" a general contractor's submittal. The Architect's review and approval of contractor submittals is for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. "Review" indicates that the content of the submittal is r compared to the requirements in the Contract Documents. "Approval" indicates that the subnttal is found to be consistent with those requirements. 'S RESPONSES TO PRE-INTERVIEW QUESTIONS 4. Please compare the risks and benefits of the "hard bid" versus the "negotiated" methods of construction procurement. DESIGN /BID /BUILD This is often referred to as the "traditional" method of construction procurement. It results in a °hard Bid" on completed contract documents. This method offers several advantages for the Owner. First, completed documents means well defined scope and firm pricing based orl that scope. Second, the documents clearly define what the Owner has purchased, making it easier to confirm that the contractor is providing what was specified. Third, the relationships betvveen the parties on the project (Owner, Architect, Contractor) are well understood and clear. Finally, this method allows the Owner the highest level of control of the end product. There are some disadvantages of this method for the Owner. First, this method generally takes longer from the start of design to move-in than other methods. In addition, the Owner and design team receive no input on issues of constructability, construction time, or construction cost during t:he design process beyond what may be provided by the architect's learn or the Owner himself. Third, the Owner has made a substantial financial commitment to the prtiject before being certain of the final cost of construction in the for•rn of design fees. This places the Owner at Borne increased risk in terms of }cis budget before bids are received over other methods. Owner's choose this method where simplicity of contractual relationships is important, when time is not a significant constraint, and, in the public sector, when statutory requirements do not permit other methods CONSTRUCTION N•IANAGEI~~tENT (ADVISER) This is one of the two primary "negotiated" procurement methods in use today, and appears to be the method the Town of Vail. is planning to pursue. It has several advantages to the Owner over the Design /Bid /Build approach. First, constructability, schedule and cost input from a constructor is available to the Owner and design team early in the process. This can provide some protection to the Owner against design problems arising in the field during construction. Second, the CM's knowledge of the marketplace can enhance participation, and therefore competition, in the bidding process potentially reducing the cost of construction. Finally, if time is a significant constraint, this method allows for fast- track construction, where certain document packages are released early for construction to accelerate the process. Some of the disadvantages of this method need to .be considered as well. The adviser role of the CM means risk of cost remains with Owner throughout the ~S RESPONSES TO PRE-INTERVIEW QUESTIONS ~l project. The CM-Adviser. provides management assistance to the Owner throttgh the design and construction process, but is not held responsible for the final cost of the project. Second, the Owner's final cost risk is not known until tlZe last package is bid. Finally, there can be redundancies between the role of the CM and architect during the construction phase that require careful coordination when contracts for services are prepared. Owners choose this method in order to define potential cost exposure early in the process. This method also provides the Owner with some additional assurance that the design is appropriate for ttie skills and practices of the construction trades likely yo be building the project. If schedule is a tight, this method is often a better choice the allow for afast-track construction approach. CONSTRUCTION MANAGEMENT (AT RISK) This method carries with it all the same advantages and disadvantages of the CM Adviser method. In addition to these, this method allows the Owner to put a limit on his financial risk earlier in the process since the CIVI guarantees the price. The disadvantage this creates is that the price is based on incomplete documents which cannot be fully coordinated and can thus be based on an incomplete understand- ing of the scope of the project. This does create some vulnerability far i:he Owner for costs associated with this aspect of the process. Ovvners choose this approach primarily because cost exposure is not just defined, but can be more clearly limited early by transferring that risk to the CM via a Guar- anteed Maximum Price. 5. In the event of a °tie° between two design teams upon completion of the oral interviews, would your team be willing to enter a conceptual design presentation process if given three weeks to prepare? If yes, would you be willing to do so at no cost? Ttuee weeks represents the majority of the Concept /Master plan phase outlined in our previous submisisons. This .is a period of time the design team should be working with the Town to better understand their vision and objectives. A competition has both teams working in a vacuum without appropriate dialogue with the client. The results tend to be targeted at imagery and design components that are frequently not central. to the later development of the design. We would be very reluctant to invest this degree of. "intellectual capital.° without being the selected firm or without compensation appropriate to the time and effort expended. ~JS kESPONSES TO PRE-INTERVIEW QUESTIONS 6. Vb'ould you be willing to consider replacing a member of your consulting team with another firm in the event the proposed consultant has a conflict of interest with other projects, or is otherwise found to be unacceptable? Yes, with appropriate justification. 7. Has your firm ever designed a project using 3-D conflict resolution software? If so, please elaborate. VAg, Inc. Architects & Planners has used 3-D conflict resolution software on many large scale, custom, single-family residences. The software has been used for design purposes -and assistance in resolving complex connections .and checking roof irrt:ersections. VAg, Inc has also used the software for structural and mechanical coordination. M-E Engineers also uses 3-D conflict resolution software for coordination of mechanical systems and components. They have utilized the software on a nun-tber of Crate & Barrel retail stores, the CSU Sonny Lubick Stadium Renovation, the University of Missouri Arena, and a number of t-rospital projects. 8.-Has your Finn ever used a project extranet? If so, in what capacity? TVS has been involved in projects that have used all three of the major extranet products currently available, Buzzsaw, ConstructWare, and Prolog. Several. of these projects have been conference / convention facfl_ities. Included in this list are the Ernest N. Morial New Orleans Convention Center Phase 4 (Buzzsavr), the Merrill Lynch Conference Center in. New Jersey (a custom application developed by Merrill Lynch), and the Connecticut Convention Center (Prolog), which is currently under construction. In the New Orleans project, all the modules of the product were used to store and exchange drawings, correspondence, and other documents, as well as record action items, communications wfth the various team members during the design phase. This project is not yet under construction, thus it has not made use of the constnrction phase components such as submittal tracking, RFIs and other features. The :Merrill Lynch project used the custom application primarily for logging purposes as well as for responding to RFIs and Change Orders. At the Connecticut Convention Center project, which is still under construction, Prolog is being used primarily for project directory purposes and for correspondence tracking (RFIs, etc.). The Owner has expressed a lack of confidence in many of the capabilities of the software, and is only using a limited number of the features. A RESPONSES TO FRE-INTERVIEW QUESTIONS Project extranet has been utilized on large scale land planning projects VAg has been invohred in that require tremendous coordination with planners, engineers, golf course designers, etc. The drawings have been monitored multiple times each day to allow for tight coordination with other project participants. VAg, Inc. has also utilized project extranet for shop drawing coordination as well as a means of communicating a project's progress to out-of--town consultants and clients. 9. What does your firm believe is the typical range of acceptable turnaround time for an answer to a Request for Information from a contractor during construction? The range necessarily varies with the complexity of the question, the number of consultants involved and the clarity with which it is asked. Our experience is that many instances require iterative dialogue to identify the real nature of the .issue in question. Often this investigation uncovers a larger or more complex issue that takes some time to resolve. Generally, however, issues are addressed within 1-3 days unless extensive investigation, research, or an Owner decision is needed. If additional time is needed, that would be commuiucated to the C1~4 or contractor. 10. What is the time your team anticipates to be necessary, in business days after receipt from the contractor, far it t:o process this project's structural steel. shop drawing submittal? The structural sl:eel shop drawing preparation and review process is critical to a smooth construction process, especially to projects on a fast design and construction schedule. The process can be facilitated by a. Apre-detailing conference h. Weekly meetings with the fabricator, detailers and design team during tl~ie shop drawing period c. Visits to the detailers office by the design team d. A firm submittal schedule e. Advancing the start. of shop drawings A project of this complexity will. probably have multiple submittals for structural steel. Each of the submittals would typically be reviewed within 6 business days, assuming that the steps above are implemented and that the review by all. the members of the design team can occur simultaneously. 11. Please describe how your firm would suggest it communicate with the community during the design process. What level of input is appropriate? How will it be managed? A project of this great importance to a community should Proactively seek public. input in the early stages and at critical junctures of the design process. This project is S being funded with taxpayer's dollars and, thus, a strong level of input from the public is appropriate. It may be gathered through several means, including scheduled public information meetings and at the public meetings established formally by the Town of Vail's PEC, DRB and Town Council meetings. These review and input sessions can be managed via a traditional format of meeting mirnttes, but also rnvre globally conveyed via a dedicated website or extranet site. In addition, the website could be updated at set intervals to allow the public to keep abreast of the design process as it develops. It is important, however, to establish critical "sign-off" points after each design stage. These would allow for smooth h•ansitions for the different design stages and avoid major revisions. Management of the information gathered will be the responsibility of the local team rep, VAg, Inc., wfth Anne Gunion as the single point of contact. The information will be disseminated in a logical format to other team members and to the task force. 12. What experience does your team have with approving projects in the Town of Vail? Our team, collectively, has been involved with' over 35 projects fn the Town of Vail and has a 100°n success rate in obtaining approval. Included in the projects is the recently completed Town of Vail Donovan Park Pavilion 4vhich underwent a similar approval process anticipated for the Town of Vail Conference Center. Another successful project in the Town of Vail included the rezoning and renovation of one fluor of an office building to a residence on Gore Creek Drive. This project also required numerous review meetings along with update of the building to current code requirements. In addition to the numerous houses in Vail and the multiple projects completed within the town core, we are- currently working with the Vail Recreation District on the design of the Vail Golf Course Clubhouse. We are familiar with the Town of Vail. approval process, the decision making process, and we have a pulse on the governmendstaffprioritiw. r S ~' RESPONSES TO PRE-INTERVIEW QUESTIONS Attachment B: Qualifications and .Proposals from Fentress Bradburn, TVS, & LMN ,. . ,~~ i `:~ab~e ~~ Contents ~~~~yt ~ ~~,: ~ y*zX~ ~~ ; .~ ~y , ,. Cover Letter Table of Contents 1. Design Documents 2. Insurance Certificate 3. Fees 4. Relevant Experience Fentress Bradburn Architects, Ltd. ("Fentress Bradburn') asserts that the documents and other materials submitted herewith are tradesec~ets, privileged information, and confidential commercial and fi~:ancia/ data within the meaning of Colorado Revised Statue 524-72-104(3)(a)(117, and request that no inspection of these documents and materials by third parties be permitted x~ithout prior notice to Fentr ess Br adbm•n and an opportunit)~forFentress Bradburn to obtain injunctive relief preventing such disclosure. s u F a 4 a f a G ~ ~~ O -~~ e o e ~ f a e q e I f z k e a l a a a e o @ e @ n 4=' e a e o f a @ f tl ' -1~l . q w ~., <. f ~~~~~ N q a ~' _ n f 6 L a Y 6 tl 4 N 6 4 a w i6.; \ q ~' } F 4 0 C 4 q e q 4 C s. L b d o q ••~~'~' G w 4 P. :x%~q 6 .a.~ ~..~ ~ ^S].: s ~. ~'P @ 4 q 4 4 O @ 6 f q 6 4 q a ~ lay .Ia 6 ~__; a @ e~ c ~'~,^, a a 4 Q ! q A t Fentress firidburu ~„Le,s ~xo M1w~s,c..w~•;re'ri~=Racy ~i i July 9, 2004 Mr. Mark Huff Architectural Resource Consultants, Inc. 4410 Arapahoe Avenue, Suite 220 Boulder, Colorado 80303 Deaz Mr. Huff and Members of the Selection Committee: Fentress Bradbum Architects is pleased to submit our response to the Request for Proposal for the Town of Vail -Conference Center. We have included the following in our submittal: -- -- --- - --- -- - - --- Design Documents = Nazrative of the services-included in-each phase; sheeFlists for each-design phase- for a similazproject. Insurance Certificate -Atypical Insurance Certificate showing Fentress Bradburn coverages. Fees - MS Excel worksheet (as sent on the CD); narrative of fee information. Relevant Experience -Project sheets of Fentress Bradbum experience. We have also included in this package a CD that includes the MS Xcel worksheet and a PDF that includes all of the information included in our submittal. A copy of the MS Xcel worksheet has been e- mailed to you per the instructions in the RFP. Our team is excited about the opportunity to collaborate with the Town of Vail, and is prepazed to begin work immediately. If you have any questions, please contact me on my cell phone at 303-809-6393. Best regards, Fent~re~ss Bra-dburn Architects, Ltd. ~-~"qG yV ~i~JC"""i ~ Curtis W. Fentress, FAIA Principal in Charge of Design The following list shows design service tasks which will be completed wholly or in part by personnel inside our firm (# in parentheses indicates consultant's involvement): 1. Space Programming • Complete Program Definition including space-by-space detailed description • Space bubble and Adjacency Diagratns • Typical Room Layouts • Area Matrix Summary including squaze footage summary • Project Schedule Development 2. Schematic Design -Architectural • Refine project schedule - - - - - - - - --- - - - -- - - ---- -- - - - - - - - - --• SitE analysis - ---- - - - - - - - - - - - - ------ - - - -- - -- - -- - • Site plan concepts and development • Zoning code study • Building code analysis • Regulatory Agency Consultation • Floor plans -development • Building elevations • Building and Wall sections • Discipline Coordination • Outline specifications • Study models • Architectural design presentations • Project administration and coordination • Statement of Probable Cost (with cost consultant 80%) 3. Design Development -Architectural • Site plan refinement • Landscaping concepts • Floor plan refinements • Interior design development / FFE development • Vehiculaz circulation diagrams (buses, trucks, cars) • Building elevations refinements • Materials research -final samples • Colored renderings • Refinement of landscape design (with landscape consultant 80%) ~ Fentress tSi~adburn -~~;v~,.b „d • Building sections refinements • Wall sections and typical details refinements • Development of signage concepts (with signage consultant 60%) • Model • Design development specifications • Architectural presentations • Regulatory agency consultation • Project administration • Discipline coordination and document checking • Review and refine statement of probable cost (with cost estimator 80%) • Quality control review , 4. Contract Documents • Field test vehiculaz movements (trucks, buses, cazs) -- ---- ---- ---- ---- - -- --- --- -- "- - ~-" Complete all documents-including plans,-elevations,-sections, -- - ----------- -- -- details to completely describe the scope of work • Complete specifications • Quality control review • Regulatory agency document review • Final estimate of probable cost @ 70% CDs (with consultant 80%) • Project administration and coordination 5. Bidding • Prepare addenda for bidding • Analysis of substitutions • Assist owner in bid evaluations • Bid document preparation and distribution • Prepare clarifications to bid documents • Assist owner in bid elevations • Provide analysis of bid substitutions Fc:nu~ess Bradburn ~~.. ru n.+ '. tSwts~C fl u a G'Yi3 C -~' av..~sa"""* -x -~.~~ ~ ~ ~es~gn ~3oc~rx~enfs~~~ y-~~~~~.~~ ,~.~ .~ ,; 6. Contract Administration • Submittal review • Observation services • Review testing information • Provide interpretation and modification to documents • Prepare supplemental documentation, quotation requests, change orders • Project closeout • Record drawings and warranty review (with consultants) • Project administration and coordination r PenU~ess t3r~dbm•n { .J ;-~ -~ .~ .~ :~ v~ `m _~ - -- „} a3 <._~ :~ •..1~7 uJ ~~ ~~ ~~ ~~ `, y~) ~~ ~~ J 1 A. Please purchase AIA Document B431, Architect's Qualification Statement - 1993 Edition, it your firm does not have one on hand. Present the information requested, following the instructions provided. B. Please provide a compiled financial statement for your firm including, at a minimum the following: 1. An income statement for the current year to date, and full prior year. 2. A balance sheet for your firm. _ _. 3. _ This information should_be prepared by an outside__ firm, preferable a CPA and should adhere to generally accepted accounting practice. 4. If your firm has multiple offices, please provide this information for the office from which your firm will be providing the bulk of the services for this project. C. Please provide a complete list of projects including size and dollar value that your firm has completed, together with the contact person and phone number for the Owner and Contractor for each. ~ ~ 6 C 4 c: a ' ~ ~. / ` -~~~ i f~ a ~ ~ ~l o ~ ~ li ~ ~r ~~ R a ~: s, ~ q fl ., ~ ~ u p .: E ~ a ~--- `•fi; :, - ,~, ,`~ .. ,may ~~. ,..~~ ~~"~- _F ,~ 9 fi` ~ ~. °J 4 4 'a^ fa P i .` - _ p T n. a s~ ~ G °.~ ~ £7 4T C G ~~ ~ h x ,, 7 ~:, .. r ~ ~ ~: ,,~` ~ ~. ~~M~ ~ ~ L_,~ Fentress Brad Uurn nFCf;iTFC T ,;~,,,.~,, ..~~~e.,~. S ~ ~ ~, ,~„ 1~..~ l~ `~ - - m ;~ ~~: '~) r~ 1 A. Please purchase AIA Document 6431, Architect's Qualification Statement - 1993 Edition, if your firm does not have one on hand. Present the information requested, following the instructions provided. Fentress Sradburn AFCHI7FCTS ~ 1 D. ~> ') AIA Document B4 j~ ~' Architect's Qualification Statement ~~ 1993 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY ~~ USING AIA DOCUMENT D~~. -~~ DATE: June 16, 2004 - SUBMITTED TO: Mr. Mark Huff ^~ ADDRESS: Architectural Resource Consultants, Inc. 4410 Arapahoe Avenue, Suite 220, Boulder, Colorado 80303 ~~ NAME OF PROJECT (If Applicable). Town Of Vall,•COlOradO Conference Center f~ 1. BASIC INFORMATION .:: ~~ 1.1 Architect Fentress Bradburn Architects, Ltd. (Firm Name) 1.2 Business Address: 421 Broadway, Denver, Colorado 80203 1.3 Telephone Number: 303-722-5000 Fax Number: 303-722-7293 1.4 Person to Contact: Curtis W. Fentress, FAIR, President 1.5 Type of Organization: (Check one) ^ Individual or Sole Proprietorship ^ Partnership ® Professional Corporation/Association ^ Joint Venture* ^ Corporation ^ Other* */f Joint 4enture or Other, give details. 2. GENERAL STATEMENT OF GIUALIFICATIONS Fentress Bradburn Architects is an architecture, interior design, and planning firm that has extensive experience in the design ,, and construction of convention centers and other complex public projects. Our firm specializes in civic architecture and the public process, having completed more than 65 public projects that total over 36 million square feet and $5 billion. With a diverse portfolio that includes airport terminals, government centers, and museums along with convention centers, we are experts at designing facilities that welcome, host and guide people. Over 137 million people visit Fentress Bradburn designed public projects per year. These facilities are not only functional and user-friendly but are designed to be durable and provide long-term commitments to their communities. Convention managers have called the Colorado Convention Center, designed by Fentress Bradburn, the most user-friendly convention center in America. The state-of-the-art design for the original center came only after our architects attended more than one hundred meetings with citizens, meeting planners, private interest groups and user groups to formalize requirements and concerns. `~ Fentress Bradburn was also chosen to design the Colorado Convention Center's Phase II Expansion. The new facility is -~ currently under construction and, at 2.4 million square feet, will double the Center's original size. In addition to the Colorado Convention Center, Fentress Bradburn is currently designing expansions for the Palm Springs Convention Center and the '~ Pasadena Conference Center. In all of its work, the firm seeks to design buildings with a strong sense of place that serve as ^~ a gateway to the cities and regions in which they are built. : ~ ~ 1993 THE AMERICAN INSTITUTE OF -ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 6431 - ARCHITECT'S QUALIFICATION STATEMENT - 1993 EDITION - AIACa? -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 6431 048.aia -- 10/1/2002. AIA ._~ License Number 1000530, which expires on 6/30/2003. _l 3. GENERAL INFORMATION (This information may be provided via the Architect's brochure which ma}~ be attached artd listed in Article 8.) 3.1 Names of Principals: Curtis W. Fentress, FAIA, President James H. Bradburn, FAIA, Vice President Michael O. Winters, Principal Ronald Booth, Principal Brian Chaffee, Principal Thomas Walsh, Principal Ned Kirschbaum, Principal Jeff Olson, Principal John Kudrycki, Principal 3.2 Professional History: Fentress Bradburn Architects has a history of designing buildings that are unique to their location and create memorable images. The firm's goal for each project is to collaborate with the client in creating a landmark quality building that is functional, economical and provides along-term commitment to the community.These facilities are not only functional and user-friendly but are designed to be durable, with a --- - - - --timeless design. The-firm-has become experts at designing-facilities that welcome, host, and guide people. Over 137 million people visit Fentress Bradburn projects each year. Lured to the majestic Rocky Mountains by natural beauty and a wealth of opportunity, Curt Fentress and Jim Bradburn joined forces in 1980 to create hurrlanistic architecture that respects its context. The ability to rise to any challenge propelled Fentress Bradburn through the early 1980s, and continues to contribute to the firm's success today. Curtis W. Fentress, FAIA, graduated with honors in 1972 from North Carolina State University School of Design. Following graduation, Curt joined the firm of I.M. Pei and Partners of New York. In 1978, he became affiliated as a project designer with the New York architectural firm of Kohn Pedersen Fox. During this time, he came to Denver as Project Designer for the Rocky Mountain Headquarters of Amoco in downtown Denver. Captivated by the Rocky Mountains and the opportunities of a young city, Curt founded Fentress Bradburn Architects in 1980. Later that year, Jim Bradburn joined the firm. ~~ Early on, clearly established goals and a pioneering spirit attracted a team of extremely talented and dedicated architects to what has become one of the r~. , :;~ largest and most renowned firms in the Western Mountain Region. The 11 principals have worked together for an average of 18 years and more than half of the firm's employees have spent longer than 10 years at the firm. The firm maintains an office in Denver with a staff of 100, including 34 registered architects, l 0 interior designers, four full-time model crafters, and one artist illustrator. The firm has established a reputation for quality building design, expertise in construction technology and excellence in project management. The diversity of the firm's work is one of its greatest assets. Their full service practice includes architecture, facilities programming, master planning, interior design, zoning and environmental approvals, and development consulting services. The principals are licensed in 31 states with projects ranging from $8 million to $1 billion. In its 24-year history, the firm has completed the design of 62 public sector buildings, l4 convention centers, 5 ~~ @ 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 8431 - ARCHITECT'S QUALIFICATION STATEMENT - 1993 EDITION - AIA -WARNING: Unlicensed photocopying violates U.S. copyright laws and will `~ subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance `~ with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 8431 048.aia -- 10/112002. AIA License Number 1000530, which expires on 6/30/2003. j Electronic Format 6431-1993 .:./ 2 Fentress Bradburn Architects Office Curtis W. Fentress, FAIA James H. Bradburn, FAIA airport terminals, 26 museums ,and 109 interior projects. Ten of these projects are iconic regional landmarks and appear as such in television, print advertisements and postcards that capture the essence of place and people. Fentress Bradburn's design approach emphasizes sensitivity to context, local materials, architectural expression, siting orientation, and the integration of the building into its surroundings. Fentress Bradburn's architectural philosophy is that of "contextual regionalism", and the firm seeks to design buildings with a strong sense of place. Each of our designs is unique, drawing upon a region's cultural, natural and historic essence. -, :) The Fentress Bradburn team has planning and design knowledge of all.scales of convention centers and conference facilities. The firm's experience totals over 7,787,372 s.f. of Convention Centers and Conference Facilities including: Colorado Convention Center Phases I and II, Denver, Colorado; Colorado Convention Center Expansion Studies, Denver, Colorado; Estes Park ---- - ------Conference-Center,-Estes Park,-C-olorado;Hawaii ConventiorrCenterbesign Competition, Honolulu, Hawaii; David Eccles Conference Center, Ogden, Utah; Hemisferia Expo Center/Cancun Convention Center Design Competition, Cancun, Mexico; Pasadena Center Expansion Study, Pasadena, California; and the Palm Springs Convention Center, Palm Springs, California. Fentress Bradburn strives for design and production excellence and they are known for buildings that are as cost-efficient and functional as they are ambitious in their design. The firm's early commitment to sustainable design was acknowledged in 1993 with the Architecture and Energy Award for the Natural Resources Building in Olympia, Washington. Since that time, Fentress Bradburn has gone on to design numerous green buildings. With eight LEEDT"" accredited architects, and more staff on their way to certification, the firm is highly skilled and knowledgeable in sustainable design. The firm is the recipient of 192 honors, awards and citations for design excellence, including 124 for public sector projects. The 25 national and international design competitions that the firm has won since 1985 stand out as the major catalysts in a quantum leap that introduced Fentress Bradburn to the national and international market. These projects exemplified outstanding solutions and design trends that were considered exceptional by jury members. Editors, writers, and publishers have recognized Fentress Bradburn's growing influence on architecture in over 1000 articles and six publications including Fentress Bradburn Architects, AIA Studio Press; Curtis Worth Fentress, I'Arca Edizioni; The MasterArchitectSeries Ill,. Fentress Bradburn Selected and Current Works, Images Publishing; Gateway to the West, Fentress Bradburn Architects, Images Publishing; Millennium, Fentress Bradburn Selected and Current Works, Images Publishing; Architecture in the Public Interest, Edizioni; and Civic Builders, Wiley and Sons. ~,~ C~3 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 8431 `i,. - ARCHITECT'S QUALIFICATION STATEMENT - 1993 EDITION - AIA -WARNING: Unlicensed photocopying violates U.S. copyright laws and will ';~~ subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance ~} with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 8431 048.aia -- 10/1/2002. AIA ;4,/ License Number 1000530, which expires on 6/30/2003. --j Electronic Format 8431-1993 ~. l 1 } 'Y ~-> J _.~ -- --- 4. _.~ 4 ~:: .~., ,.-,, 3.3 Registration Status: The Principals are registered in 34 states, including Colorado. Curtis W. Fentress, Colorado #301908 James H. Bradburn, Colorado #301522 3.4 Professional Affiliations: American Institute of Architects, NCARB, Urban Land Institute, Design- Build Institute of America, Royal Institute of British Architects, American Association of Museums. 3.5 Key Personnel: Key Personnel include 3 Associate Principals, 5 Senior Associates and 11 Associates. 3.6 Total Number of Staff: 100 3.7 Number of Registered Architects: 37 3.8 Honors and Awards: The firm has received 192 national and international awards for design - ---- ------ excellence including-59 from the-American-Institute of-Architects and 1-24 ------ - for Public Sector projects. 3.9 Professional /Civic Involvement: Staff members of Fentress Bradburn represent membership in approximately 30 professional and civic organizations. RELATED PROFESSIONAL SERVICES (List proposed consultants, if applicable). Fentress Bradburn would like to propose utilizing the services of the following consultants. However, we would like to jointly make the selections with you and welcome your input and suggestions. 4.1 Structural: 4.2 Mechanical: or 4.3 Electrical: or 4.4 Interior Design: 4.5 Others: CiviUTraffic: Parking Consultant Landscape Architect: Permitting/Approvals: Community Liaison: Redwine Engineers Avon, Colorado TBD with Town of Vail input TBD with Town of Vail input Fentress Bradburn Architects Denver, Colorado URS Corporation Denver, Colorado Walker Parking Denver, Colorado Wenk Associates, Inc. Denver, Colorado Peter Jamar Associates Vail, Colorado Sherry Dorward, ASLA Vail. Colorado ~ 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT B431 -ARCHITECT'S QUALIFICATION STATEMENT - 1993 EDITION - AIA -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 8431 048.aia -- 10/1/2002. AIA License Number 1000530, which expires on 6/30/2003. Electronic Format 6431-1993 4 ~~,~ ~~ :~ .~ 5. PROJECTS '~ (Projects for which personnel of this firm had responsible charge while associated with other finn.r are indicated by an asterisk.) - ~ 5.1 The following projects are representative of the Architect's recent work. A brief description and photos of each `~ project are included in C. of this section. Colorado Convention Center Phase I, Denver, Colorado -~ Colorado Convention Center Phase II, Denver, Colorado Palm Springs Convention Center Expansion, Palm Springs, California Pasadena Convention Center Expansion, Pasadena, California '-; Cancun Convention Center (Hemisferia Center), Cancun, Mexico ~' David Eccles Conference Center/Peery's Egyptian Theater, Ogden, Utah ,:~ Denver International Airport PassengerTerminal Complex, Denver, Colorado - ~ National Museum of Wildlife Art, Jackson, Wyoming Clark County Government Center, Las Vegas, Nevada ~? National Museum of the Marine Corps, Quantico, Virginia Incheon International Airport PassengerTerminal Complex, Seoul, Korea ~~ ~- -- -------- -Regional TransportatiorrCommissionavd-Regional Flood Control --- --- District Headquarters, Las Vegas, Nevada ;--~ National Cowboy and Western Heritage Museum, Oklahoma City, Oklahoma 5.2 Other representative projects with dates of completion: `~ Arvada Center for the Arts and Humanities, Arvada, Colorado Invesco Field at Mile High Stadium, Denver, Colorado Platte Valley Medical Center, Brighton, Colorado UCHSC Research Complex I, Aurora, Colorado _~ UCHSC Research Complex II, Aurora, Colorado David E. Skaggs Research Center - NOAA, Boulder, Colorado ICG Communications Corporate Campus, Englewood, Colorado Jefferson County Government Center, Golden, Colorado -~ Vail-North Day Lot Conference Center Design Competition, Vail, Colorado City of Oakland Administration Buildings, Oakland, California Sacramento City Hall, Sacramento, California f~ Buffalo Bill Historical Center, Cody, Wyoming 6. REFERENCES ~~ Colorado Convention Center Expansion, Denver, Colorado 1990 2004 2005 2008 TBD 1996 1995 1994 1995 2005 2001 -- - -1999 1997 2007 2001 2007 2004 2007 1998 1997 1993 N/A 1998 2005 2002 ~ Dave Bufalo, Director of Design and Construction Management City and County of Denver ~~ 201 West Colfax Avenue, Suite 505 t ,~ Denver, Colorado 80202 .: _j 720-913-8803, 720-913-8801 fax -~ ~ david.bufaloCc3ci.denver.co.us Palm Springs Convention Center Expansion, Palm Springs, California Allen Smoot, Retired (Formerly Assistant City Manager, Director of Aviation) City of Palm Springs 3200 EastTahquitz Canyon Way Palm Springs, California 92262 760-778-8456, 760-322-5581 fax aliens C«3 ci.palm-springs.ca. us ~ 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 8431 - ARCHITECT'S QUALIFICATION STATEMENT - 1993 EDITION - AIACa3 -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 8431 048.aia -- 10/1/2002. AIA License Number 1000530; which expires on 6/30/2003. Electronic Format B431-1993 5 ,~,, :_, J ~~ J '~, Pasadena Convention Center Expansion, Pasadena, California Roger Smith, Chief Executive Officer Pasadena Center Operating Company 300 East Green Street Pasadena, California 91101 626-793-2122 7. STATEMENT OF POTENTIAL CONFLICTS OF INTEREST None. 8. ADDITIONAL INFORMATION - -- --See attached-Design Awards- - - -- --- - - - -- - ------ --- ARCHITECT: By: I hereby certify that, as of the above date, the information provided in this Architect's Qualification Statement is true and sufficiently complete so as not to be misleading. (Signature) Curtis W. Fentress. FAIA. President ((Printed name and title) (a? 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT 8431 - ARCHITECT'S QUALIFICATION STATEMENT - 1993 EDITION - AIAC~ -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 8431 048.aia -- 10/1/2002. AIA License Number 1000530, which expires on 6/30/2003. Electronic Format 6431-1993 6 .~ 2002 American Institute of Architects Colorado Chapter Merit Award, Incheon NATIONAL Intemational Airport * 2002 American Institute of Architects Colorado Chapter Honor Award, RTC/RFCD Headquarters * 1999 American Institute of Architects Colorado 1997 National Trust for Historic Preservation Honor Award, Chapter Citation Award, Peery's Egyptian Theater * 1998 American Institute of Peery's Egyptian Theater * 1995 US Department of Architects Colorado Chapter Honor Awards, Clark County Government Center * 1996 Transportation Design Honor Award, Denver International ,, American Institute of Architects Colorado Chapter Honorable Mention, National Airport * 2003 US Green Building Council LEED Gold 2.0, ` : -~ Museum of Wildlife Art * 1996 American Institute of Architects Colorado Chapter California Department of Education Headquarters, Block 225 ~~ Honor Award, Natural Resources Building * 1994 American Institute of Architects 1998 US Institute for Theater Technology Historic Colorado Chapter Architecture Firm of the Year * 1994 American Institute of Restoration 11•terit Award, Peery's Egyptian Theater * 1997 American Institute of Architects Historrc Resources Review -`~ Architects Colorado Chapter Honor Award, Denver International Airport * 1992 I, University of Northern Colorado, Gunter Hall * 1993 American Institute of Architects Colorado Chapter Honor Award, Kittredge Building American Institute of Architects, American Association of "~ * 1991 American Institute of Architects Colorado Chapter Design Award, Ronstadt School Administrators, and the Council of Educational Transit * 1990 American Institute of Architects Colorado Chapter Honor Award, Facilit}• Planners International, Citation Award, University ~.~ Colorado Convention Center * 1989 American Institute of Architects Colorado Chapter of Colorado, Mathematics and Gemmill Engineering Library Merit Award, Denver Permit Center * 1985 American Institute of Architects Colorado 1990 American Institute of Architects Committee on Chapter Design Award, Odd Fellows Hall * 1984 American Institute of Architects Architecture for Justice Exhibition Citation for Excellence, Colorado ChapterDesign Award, Museum of Westem Art * 1992-American Instituteof - - Jefferson County-GovernmentCenter *-1997 National School - - - - t Architects Northern Colorado Chapter Design Award, Leanin Tree Gallery * 2003 Board Association with the American Institute ofArchitects, American Institute of Architects Denver Chapter Merit Award, Invesco Stadium * Exhibition of School Architecture, Colorado Christian Home, 2003 American Institute of Architects Denver Chapter People's Choice Award, City Tennyson Center * 1998 National Association of Industrial of Oakland Administration Buildings * 2001 American Institute of Architects Denver and Office Properties Honor Award, Clark County '~. Chapter Honor Award, Incheon International Airport * 2001 American Institute of Government Center * 1998 Marvin M. Black Excellence in Partnering Award, JD Edwards Corporate Campus * 1997 Architects Denver Chapter Merit Award, Regional Transportation Center and Regional Design-Build Institute ofAmerica Excellence Award, Natural Flood Control District Headquarters * 1999 American Institute of Architects Denver Resources Building * 2003 Building Design and Construction Chapter Merit Award, Tritch Building Renovation * 1998 American Institute of Magazine Team of the Year Merit Award, California Architects Denver Chapter Honor Award, Peery's Egyptian Theater * 1996 American Department of Education Headquarters, Block 225' * 1999 Institute of Architects Denver Chapter Honor Award, National Museum of Wildlife Art Building Owners & Managers Association Rehabilitated * 1996 American Institute of Architects Denver Chapter People's Choice Award of Building of the Year, US Bank Tower Renovation * 1984 t`?+ Distinction, National Museum of Wildlife Art * 1996 American Institute of Architects American Society of InteriorDesignersGrand HonorAward, Denver Chapter Award of Distinction, Dinosaur Discovery Museum * 1995 American Museum of Westem Art * 1985 American Architecture. The Institute of Architects Denver Chapter People's Choice Award of Distinction, National State-of-the-Art in the 80's Certificate of Distinction, Museum Museum of Wildlife Art * 1994 American Institute of Architects Denver Chapter Honor of Western Art * 1999 Design-Build Institute of America s'~ Award, Denier Intemational Airport Terminal Complex * 1994 American Institute of Excellence Award, City of Oakland Administration Buildings Architects Denver Chapter * 1990 Building Design and Construction Magazine ~"" °~' ,-.. a - ~ Reconstruction Design Award, Denver Permit Center * 1988 !, ~ i ~~ + t~S.' y+~~,~„ , ~. ~,~a ~ 4 ~ t ~ ~.' a ~0.~;. Merit Award, University of -~ ~~ ~~.~~,. National Association of Industrial and Office Pro erties l s Colorado Mathematics and p ~_/ j ~A~''r -` - 1~ ~~~+~~€~~~~~~~`~ Gemmill Engineering D998 Charles He WeitzrA arldrfor ExcellenceenICG f J ¢} t _ _'~-??~5~-~~ ' _ -~~ +~~f +,~~ _ Building * 1992 American Communications Inc. Corporate Headquarters * 2002 Pacific Institute of Architects Coast Builders Conference, Gold Nugget Judge's Special _.. Denver Chapter Merit Award, Black American West Museum * 1991 American Institute Award, Incheon International Airport * 2003 Design-Build ~~" of Architects Denver Chapter Honor Award, Colorado Convention Center * 1991 Institute ofAmerica Excellence Award, California Department '~ American Institute of Architects Denver Chapter Merit Award, Ronstadt Transit Center of Education Headquarters, Block 225 ~-.J * 1991 American Institute of Architects Denver Chapter Merit Award, Denver Permit Center * 1991 American Institute of Architects Denver Chapter Merit Award, Jefferson County Human Services Building * 1988 American Institute of Architects Denver Chapter Merit Award, Odd Fellows Hall * 1987 American Institute of Architects Denver Chapter Honor Award, Museum of Western Art * 1985 American Institute of Architects Denver Chapter Excellence in Historic Preservation Honor Award, Museum of Westem Art * American Institute ofArchitects Las Vegas Chapter HonorAward, Regional Transportation Center and Regional Flood Control District Headquarters * 1999 American k~ Institute of Architects Western Mountain Region Chapter Honor Award, Peery's Egyptian Theater * 1998 American Institute of Architects Westerri Mountain Region Chapter Award of Citation, Tritch Building Renovation * 1997 American Institute of Architects Western Mountain Region Chapter t ~'} Honor Award, Clazk County Government Center * 1996 American Institute of Architects Western Mountain Region Chapter Merit Award, National `~ Museum of Wildlife Art * 1994 American Institute of Architects Western Mountain Region Chapter Honor Award, Denver Intemational Airport Terminal Complex * 1991 American Institute of Architects Western Mountain Region Chapter Merit Award, Black American West Museum * 1991 American W~ Institute of Architects Western Mountain Region Chapter Honor Award, Jefferson County Human Services Building * 1991 American Institute of Architects Western Mountain Region Chapter Merit Award, Ronstadt Transit Center * 1990 American Institute of Architects Western Mountain y ~ Region Chapter Merit Award, Colorado Convention Center * 1989 American Institute of Architects Western Mountain Region Chapter Award of Excellence in Architecture, Denver Permit Center * 1986 American Institute of Architects Western Mountain Region Chapter Merit Award, One DTC * 1985 American Institute of Architects Western Mountain Region Chapter Honor Award, 1999 Broadway * 1985 American Institute of Architects Western Mountain Region Chapter Honor Award, Museum of Westem ,q~ Art * 1984 American Institute of Architects Western Mountain Region Chapter Merit Award, Odd Fellows Hall * 1993 American Institute of ~ N ',~ ` a ,, ,~ ,~, x Architects Portland Chapter with Washington State GSAArchitecture ~> ~ ` ^ . ,~ ~ ~ r ~ and Energy Merit Award, National Resources Building * 1990American ~~ Institute ofArchitects Kansas Chapter HonorAward, Museum of Westem .a ~ ~' 3 ~ F ~` ~ ~ ` ~ Art * 1992 American Institute of Architects Kansas Chapter Special ' .Ad~1 ~ -. .- ~~ ~~% .~1 k ~ Award, Curtis W. Fentress ~ ~ _ ' '~ t~ ' ~ Fentress BradUurn n i C H 1 7 F C T S L T O. ..~ •`z r. ~., • ~ ~ ~ ,~ B. Please provide a compiled financial statement for your ,~ firm including, at a minimum the following: '' 1. An income statement for the current year to date, ,~ and full prior year. 2. A balance sheet for your firm. . 3. This information should be prepared by an outside --~~ firm, preferable a CPA and should adhere to generally `~ accepted accounting practice. 4. If your firm has multiple offices, please provide this information for the office from which your firm will _ __. __ _ _ ______ __ be providing the bulk. of the services for this_project,_ ___ _ _ Income statement for the current year to date and full prior yeaz, as well as balance sheet, are enclosed in a confidential envelope sent with . this proposal. We have included reference letters from Vectra Bank and Smith, Brooks, & Co., L.L.P. which attest to our financial security. a y -. ~~ Fentress Bradburn necHllFCrs irn ' .-...I ~ .~,. ...I.. ..~„ ~ .. .o... ~~y ^"`~ Smith, Brooks, Bolshoun 8~ Co., L.L.P. Certified Public Accountants ~~ i~~ Morey A. Brooks, C.PA. 2680 18th Street Harvey Bolshoun, C.P.A. Suite 200 Abe J. Schott, C.P.A. Denver, CO 80211-3932 Kenneth H. Saliman, C.P.A. Linda Houlihan, C.P.A. 303 480 1200 -~ Joey Simon, C.P.A. Fax 303 480 0022 `l l f j ~ ' -~ . June 10, 2004 ~ -.J r ` ~ TO WHOM IT MAY CONCERN: .~ fi~ Our firm, Smith, Brooks, Bolshoun and Company, LLP, has maintained a professional relationship with Fentress Bradburn Architects, LTD. for approximately 20 years. ~~ During that time we have performed a variety of accounting, tax, consulting and financial services for the Company as well as the owners, Curtis Fentress and James Bradburn. a- ~ We are involved on a monthly basis to discuss and review the financial statements prepared by the Company's business manager. On an annual basis we prepare compiled financial statements as well as corporate and individual income tax returns. We address ~? other issues as they arise, such as, business succession planning, ownership transitions, ~~ investments and retirement planning. -~ During our long-term relationship with Fentress Bradburn Architects, Ltd., we have o:~ found them to be honest and trustworthy in all our dealings. We have the utmost respect and confidence in the capability of the Company as well as Curtis Fentress and James . ~ Bradburn. f ~~ BOLSHOUN AND COMPANY, LLP SMITH, BROOK S , . ~' ~ ~~ Linda Houlihan .V ~• ~ :~ :~ :7 ::J .n,. :~~ '~~` ~ ~~7 VECTRA =_ ,_~ " °~~ CORPORATE ~`~~~?~ BANKING ry~7.~ >~ ~' t ~~~~ " . June 10, 2004 ~ ~~ :~ ~' ,~~ To Whom It May Concern: ~~ ~r~.,: s __ _ __This is to confirm that Fentress Bradburn Architects have_ been a_v_alued _ _ _ _ _________ __ - ~,.~. F customer of Vectra Bank Colorado for over 10 years. All banking transactions ~ _ ,`~ including both deposits and loans have been handled in a most satisfactory ,c_~~- manner. Fentress Bradburn is held in high regard at the Vectra Bank Colorado ~ ~ ` '" ~ and we consider ourselves fortunate to be the bank for this fine company. a ~r ~ ~ - " " If I can be of any further assistance, please don't hesitate to give me a call. I can F ~ be reached at 720-947-7765. ~ ~. G ~: r~~k -~" Thank you. . 1{=: :; ~~~~ " Sincerely, k ; ~ 6 ;. ~. A" ~ ~ Susan L. Tucker "~~ Senior Vice President " a~°' I 1 ~ rs.F l" ~ :=a ~' C ~ ;~.' { ~~~ .. ,~. ,~. ~':`~~ ...s.~ ~ ~.~~: ~~ ~;`#, ~..t~ ,; k ~~.r" '~>-_ ~ Zl)l)t) ti~~IITH CC.~L~~RAU~~ 13L~"'I). 2-12Ut) DENVER, LpL~~RADC~ t3U22Z _~ 1 J .) °} .~. ~ C. Please provide a complete list of projects including size '~~ and dollar value that your firm has completed, together .~ with the contact person and phone number for the Owner and Contractor for each. ,-~ Fentress Bradburn has completed hundreds of projects since the firm's inception in 1980 include: ~ . • Colorado Convention Center Phase I, Denver, Colorado .) Colorado Convention Center Phase II, Denver, Colorado ~:~ ~~ Palm Springs Convention Center Expansion, Palm Springs, ~~ California +~. ;~~ Pasadena Convention Center Expansion, Pasadena, California ~ Cancun Convention Center (Hemisferia Center), Cancun, Mexico . "~ :_-~ David Eccles Conference Center / Peery's Egyptian Theater, Ogden, -~ Utah ,,~ • Denver International Airport Passenger Terminal Complex, Denver, ~• ~~ Colorado ~~ National Museum of Wildlife Art, Jackson, Wyoming T -~ Clark County Government Center, Las Vegas, Nevada _-~ ~~ ~ National Museum of the Marine Corps, Quantico, Virginia r~ -~ Incheon International Airport Passenger Terminal Complex, Seoul, ~~ Korea ~~~ ,~ Regional Transportation Commission and Regional Flood Control -_~ District Headquarters, Las Vegas, Nevada j :., ;~~> National Cowboy and Western Heritage Museum, Oklahoma City, Oklahoma ~~~ Fentress ~~ Bradburn nrc~~"-~cr~ inn. ,~ .~~ :_~ `~1 --- .-, The Colorado Convention Center project was a result of a National Design Competition that was designed and built in 24 months. The Master Plan for the new Colorado Convention Complex was devised in two phases. Phase I was the fast-track construction of one-million square feet adjacent to the existing Currigan Exhibition Hall. Phase II replaced Cumgan with a mirror image of the first phase. When both phases are complete it will be the largest contiguous exhibition hall in North America. Location: Denver, Colorado Size: Total project: 1,000,000 s.f. Construction Cost: $81,400,000 Owner Reference: Carol Wallace, General Manager San Diego Convention Center (former Director -Colorado Convention Complex) 111 West Harvard Drive San Diego, California 92101 619-525-5101 Contractor Reference: Jerry Morgensen, President and CEO Hensel Phelps Construction Co. Post Office Box 0 Greeley, Colorado 80632 970-352-6565 Fentress Bradburn ,,:~~r,.,,,..~~, ~„ .,.. --~ ,~ } ,:. ~.r4~~ ~~~-:~.z .., ~~ :~ COLORADO CONVENTION CENTER :~ Denver, Colorado ~.. ~. -- COLORADO CONVENTION CENTER Denver, Colorado _J ~.. .~ .~ COLORADO CONVENTION CENTER Denver, Colorado !.~ '~ ~~ COLORADO CONVENTION CENTER Denver, Colorado .~ ,~ 4 t ,~ ~t~ t~ r i` :~ .~ '_~ COLORADO CONVENTION CENTER Denver, Colorado The Colorado Convention Center, which Fentress Bradburn Architects completed in 1990, was so well received that the City sponsored a ballot initiative in 1999 to expand the center to more than double its original size. Voters approved the initiative and Fentress Bradburn Architects was chosen in March 2000 to design the facility's Phase II expansion. The expansion will become a Denver landmark by transforming the horizontal nature of this building type and the vertical nature of Denver's skyline with a peaked roofline on Speer Boulevard that rises to 155 feet. Location: Denver, Colorado Size: Total building: 1,400,000 s.f. / 130,060 s.m. Parking: 360,000 s.f. (1,000 spaces) Construction Cost: $304,000,000 Owner Reference: Dave Bufalo, Director of Design and Construction Management City & County of Denver 201 West Colfax Ave. Ste. 505 Denver, Colorado 80202 720-913-8803 Contractor Reference: Jerry Morgensen, President and CEO Hensel Phelps Construction Co. Post Office Box 0 Greeley, Colorado 80632 970-352-6565 Fentress Bradburn .......~re..~s :Tc .-~ ~•~ .. F COLORADO CONVENTION CENTER EXPANSION Denver, Colorado .;~ ,~ COLORADO CONVENTION CENTER EXPANSION Denver, Colorado -' ~~ i~ 1 ~~` ''ww~.../// ti ,~ ~`~ ~,~~ ~ , 3 j` f ._1 tl .. . ~. COLORADO CONVENTION CENTER EXPANSION Denver, Colorado `.:'J ~: `mil - _ ___, T-~ m -- - -~': COLORADO CONVENTION CENTER EXPANSION ~"= .~ 1 ~ ~. ~sR. ~"^ ~~ ~ . _t ~ ~~~ .. f. J Denver, Colorado .) `` "-~ ~s ~T) <,_ F r ~'". ~„ ~. ~. t. i;'~ '~._ ~1 .1 v COLORADO CONVENTION CENTER EXPANSION Denver, Colorado ~_:~ ~~ ~'-~" ~~: COLORADO CONVENTION CENTER EXPANSION Denver, Colorado "~ ~) -~ COLORADO CONVENTION CENTER EXPANSION Denver, Colorado ,. ~ COLORADO CONVENTION CENTER EXPANSION Denver, Colorado ~~:~ _,~~ .. ~~ COLORADO CONVENTION CENTER EXPANSION Denver, Colorado ;) J .7 ,~ -- - <:: ,` . J r Fentress Bradburn Architects was selected unanimously by Palm Springs City Council from a pool of preeminent convention center architects, to design the Palm Springs Convention Center Expansion. In keeping with the firm's contextual-regionalist design philosophy, the local desert landscape will serve as a major source of design inspiration. Location: Palm Springs, California Size: Exhibit space 101,000 s.f. Ballroom 22,000 s.f. Meeting rooms 17,000 s.f. Prefunction/registration 45,000 s.f. Loading bays 13 Construction Cost: $24,700,000 Owner Reference: Allen Smoot, Retired (Formerly Assistant City Manager, Director of Aviation) City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 -- 760-778-8456 Contractor Reference: Construction Not Underway Fentress Bradburn A~ _ r;liEC i S ! TC `,../ ,~ ;~ t .:~ ~. ~. ;- .~ l PALM SPRINGS CONVENTION CENTER EXPANSION Palm Springs, California .. ,, _.: ,_ _ ,~ .,.. .,,,, .. r.., _, - ,, '~~ _ - .. ;_ %: .. ~ .: . , '' PALM SPRINGS CONVENTION CENTER EXPANSION Palm Springs, California _~ .~ PALM SPRINGS CONVENTION CENTER EXPANSION Palm Springs, California ~:) 1 _, .~~ 0 n, v .~ ~? i Q ~~ :: ~`) 4/ The Pasadena Center is a unique and historic facility in Southern California. The existing facility includes the historic Civic Auditorium, exhibit space, meeting rooms, public structured parking, and a ballroom that is currently being used as an ice rink. Aplanned expansion will double the exhibit area, recapture the historic ballroom, add a new ballroom, add a new full-service kitchen, and double the loading dock capacity. Location: Pasadena, California Size: ~_ ~~ ~,: `_ Exhibit: 60,000 s.f. Ballroom: 25,000 s.f. Meeting: 48,000 s.f. Kitchen: 10,000 s.f. Loading: 10 stalls Parking: 950 spaces Theater: 3,200 existing seats Total: 730,000 s.f. Construction Cost: $71,000,000 Owner Reference: Roger Smith, Chief Executive Officer Pasadena Center Operating Company 300 East Green Street Pasadena, California 91101 626-793-2122, ext. 225 Fentress Bridburn r QC ".ii;C TS LiD Contractor Reference: Construction Not Underway 1 .~ `~ ~~ t~-- ~. r~ ~~ll -:»/ _~ `~ ~~ -r'- R°+ `~.. L ~j F~ ~~ e i t '~ - - - - s ~r ,r,~''..'r 'i ~ !1 ~ ~- ,,` i4 r.~ - - _ x -, - _ ~' Y ... - .. - ,j ~ .. :. ~ .. ~ . :. ~ "T mecs ~ . . w a,, a _ ~,a.: -, ~ ~1~.. aaa _ ~- ~- ~ - ~~ i- r ~~ -'a~aaae pp~~8H8~ alaaa'aaa'° '~ ., - aaa 111A! :, -~ _ ~ j :: n i r r 1 1 ~ i •-~ Green Street Elevation _ - { " kT ~ 1 a - - _ ~' i ' - P ka^. ~ ~! ~ K, ' ~ ~ I ~ ~ R- ~'~-- ~ s-~ f ., ~ ,; W ' ~ G~ e _~ _ - ._~.x.~ _ _ ' - 'c' ., a i---~ . -~. .. _ ~~1 . _s .. F .. '~, `.. _. oaa3 a3"8 gg, et a~aaa-anna o H'p'p ~ a ov:a'ua~a a;~H'8'p~ ai`~ ,~ .. ' . ~ .__..._. s ~- - - - _ rte' -~ .. .., -~ _ .. .- -~ ' i r , y _ it - ,2 ~- : ;~ ~:~Marengo Avenue;Hevstion.• -- ~ - _ - y 1 -: _ # _. _ ~ .~, ~. - ...; ~, ~ ~~ -~ ''D >i90a A!~A B 8 0~~~~A 09~900'~~, ~ e~.."_~..._._ --e•t•t'~m°` t ~, } _ .. . 3 . £ . r i .. • ~-. - o- ~ .' Elevation ~.: ..~.. - - :. ~'" : ~- :'Eudid Avenue _ . - • Y PASADENA CONVENTION CENTER E~(PANSION• ` ~.b..: Fentress Bradburli ~c..~~•.. u...... e~,.. s . P!un~ _/ ~~ -~ ,~ ~~ ,~ .~ ~, `~ ``~~~J ..J _ _ . _. O \l3 .~+ :~ i ~; ~ ~.' .J ~~ ~i. i ~~. Y oq;-..F Fentress Bradburn A.RC Y.iiCi S !TL' ,, :1. ~in~.u a in.<ii~is •'luni~~g ~~ The Cancun Convention Center is the centerpiece of a world-class complex of buildings, entertainment, sports and recreational facilities. The Convention Center itself is set into a dramatic landscape framed by a large reflecting pool on one side and an area of outdoor exhibits on the other. The grand entry experience takes the visiter along the reflecting .pool and offers dramatic and memorable views. Location: Cancun, Mexico Size: Total project: 781,000 s.f. / 72,554 s.m. Construction Cost: $152,000,000 J ~~ °~ / ,~ . , r ~' - 4~ 1. ~ ~~ _ ~ ~. c ~~ r :; '_ r ~.~ V-~ V ' ~ SITE PI.Ati Fentress Bradburn ~.. -, °C i 5 lTC ,-~ ~~ .~ .~ r~ r^~ r~ ~, `~ ~l J ~~ c~ {{~.~~J~ k,l- -- - - } 54' r"~ _J :~ '..~ ~~ -, t~ ~~ .: )\] fS~l\/ ~Y _~ ..~ ,~ "\ -__, ~~,o. ~~. Cancun Convention Center The exhibit hall is approximately 781,000 s.f. on two levels with associated meeting rooms and conference facilities. An oval shaped auditorium stands on one side as a sculptural counterpoint. The design of the Cancun Convention Center arises from the dynamic juxtaposition of structural forces and sculptural form. The properties of fabric structures are designed in a unique way, producing a project that is at once functional, sculptural and an exciting place to be. N011t1'eSS BI'BCI~LITI7 FIRST FLOOR PLAN =: J r'~~ CANCUN CONVENTION CENTER Cancun, Mexico 7 -~} ~: .` ,J l _~ :~ .-•~ `,~ ,,~ ,~ ~~ ~~ The David Eccles Conference Center and adjoining Peery's Egyptian Theater were designed as part of the City of Ogden's Downtown Revitalization Plan. The Conference Center is atwo-story combination of brick, sandstone, limestone, precast concrete accents and a glass atrium lobby. The project includes 80,000 s.f. of conference and meeting room facilities and a 15,000 s.f. ballroom. In addition, the adjoining theater comprises 40,000 s.f. of performing arts and offstage support space. Owner Reference: Dr. Ann Milner Weber State University 4018 University Circle Ogden, Utah 84408-4018 801-626-6001 Contractor Reference: Mark Glauser Big D Construction Co. 5768 South 1475 East. South Ogden, Utah 84403 801-430-0522 Location: Ogden, Utah Size: Total project: 135,000 s.f. Conference: 95,000 s.f. Theater: 40,000 s.f. Construction Cost: Total project: $24,000,000 Conference: $16,000,000 Theater: $8,000,000 Design Architect: Fentress Bradburn Architects Architect of Record: Sanders Herman Architects Fentress Bradburn ",.,,ors irc ~'J DAVID ECCLES CONFERENCE CENTER Ogden, Utah (~ '~.J i~ i/~ V ~~ (jJ PEERY ~ S EGYPTIAN THEATER Ogden, Utah i ` ;~ ,~ {~ .. , _.) Inspired by the majestic Rocky Mountains, Denver International Airport boasts the largest structurally integrated tensile-membrane roof in the Western Hemisphere. Fentress Bradburn Architects designed this Gateway to the West to be a lasting expression of civic pride for the region and a memorable sense of place for all visitors. Contractor Reference: Shaun Yancey, Vice President PCL Construction Services, Inc. 2000 South Colorado Boulevard Tower 2 Suite 500 Denver, Colorado 80222 303-365-6500 Location: Denver, Colorado Size: Total Complex Passenger Terminal Parking Strucuture Administration Offices 6,450,000 s.f. / 599,205 s.m. 2,000,000 s.f. 4,200,000 s.f. 250,000 s.f. Construction Cost: $455,000,000 Owner Reference: Hana Rocek, Manager Planning/Design City and County of Denver Denver International Airport A.O.B. 8500 Pena Boulvard Denver, Colorado 80249-6340 303-342-2612 Fentress Bradburn ,_-~-_. ~s .-_ J ~~ '.7 CL ~ ;; I r ~y` ~~': _ . ~ ? T1~~~~ ¢'r ~C'Y~ rte- ~'i'~,y ~,y,n !(~? ~'„ ~ '; -' ~~ i, _,~ ~. ~ .. _ - r A ~~ - - - - v~ _ - ~ '~ J :~ :J ~~ J J DENVER INTERNATIONAL AIRPORT Denver, Colorado +~ -, t ),; ~. y ti ,, mar '~ ~ ~ ~~~ °~ `:~ _~ ~~ - ~~jr ~ ~ ~ rr ~. Y. ~ l'~ F ~ ~ ~ ~ r. "~ r ~>; ,, c `~, ~~~: ~~ ~~ ~'A er `j ~, i ~ ~ i ~~} ? ~'~~ ~d ; .a,~:.~,,,,,.x:'~r'Yt'~ S' .s r -p :a ~~\Zt`~~C~~~ "~ DENVER INTERNATIONAL AIRPORT PASSENGER TERMINAL COMPLEX Denver, Colorado .. - .d s 't ; ~ at ' *Sf ( ~ ^ - - - DE ~R ~ RNLAT ONA~I . A~IiR'POO RAT f F ~OOf• •O The National Museum of Wildlife Art is located on a seventy-acre site on East Gros Ventre Butte. Constructed of stone to blend thoughtfully into the native terrain, the building is designed to reflect the natural beauty of the area. The museum houses the nation's premier fine art collection depicting North American wildlife and first quality wildlife related collections. The National Museum of Wildlife Art overlooks the Jackson National Elk Refuge, and its collection complements the site with interpretive, educational and recreational activities. A rare opportunity exists here to view wildlife in its natural habitat, as well as in art. _ =%'- ' -.-'~- --__ =', , - =='~ '~~':~- Location: Jackson, Wyoming Size: Museum: 35,365 s.f. Interpretive Facility 20,088 s.f. Construction Cost: $8,000,000 Owner Reference: Ms. Francine Carraro, Ph.D., Director of Museum National Museum of Wildlife Art 2820 Rungius Road Jackson, Wyoming 83002 307-733-5771 Contractor Reference: Dee Jorgenson, Project Manager Jacobsen Construction 3131 West 2210 South Salt Lake City, Utah 84119 801-973-0500 Fentress Bradburn .: ::~>- _ ;: t ~~ ~ ~~ ~~ A ~k.; P 4,^ 'L ~~ ~:,>.. s - ~ Y ~. i} - 1N ~ y ~_,~ L~.J1 ; - ,,~y,rc '..~~t Ex }'; ~~ '~,~ ~ <~,rv91Miw . ~a sr~1 .y ,~ Y~ ~ f ,~ f. - g -ir ,d .s ~ '3t ~„it ,r. ,',k yak' ia~~'}~'L`ky~~ 2~"'~i'`~S,t~;4~'"~'-"`~'l~µs~7gSj~? ,u ~"~P ¢` ;~. u~,~ ~7h y' ~~~T~ y~ 3 ,f 1e ~ ~ f C C. - -n' ~ - y 4' Jae ~~'~~ - t ~ ~t 4 ~ F i .*, - ~ , "~ -K ~„r!~' /~~,.~y^2,~y~ .y1. t ~ ~ .,'1~iW,3%~~~~'w~ Ftw-_~.~ B~V - C'_ ~~- xt. i- . %~ - 4 ..r ~~ .4 o i :Y.'-. ~ r z -. ~, t 4 f ~ - `.T~~ ~sTfY ~~ ~ \ r tSr i ~sy,~c .. s f t~ ~. i y` r r >. * 4 .rat y r._ E ~ r r~~ ~~,. yk:s .z 3ftfi ~'2~~~"g -, f ~ A _4 > tt~~ I ~, {S~ -!:' P+ 1 .`any ~~ ~~ ~ i~ ~ 7 ~ ~ ,y, r y_ y~ „r,, mot' ~^` K : {~,~1 eta 7`'~~'~ ~ d ~~sx = i. ~f f,• +y~ L I., , ~ '~ P") ~+~ ~*' $4 t +~ ~ }~ ' ' t{,u~~~r , i N ~ ~ y ~ ti 3 t~ {~~ 3 h r "iJ'•n "rJ ~`A'~ 5 ee '~i -~f t ~ i''v ~~~ 't r~ ~f ~ t' c v ~ +. ,, tit k+..y'. t ~ .r Y' . S i ~ ar ' ~~ ~ ~ ~~ r.. ~' end ~ ~.~ n:~`~ ,~ ~/ ""?~ .^ '~~r~ ~.~a~ ~ ~" r ~s ~ ,1z~ ,, ~ t_3~ ,h ~.:i 1 ,~'? 4~ }fir :~ Y V r ',~ ,-- T t iRn-fti++ F - - h .s.. ~ m Y 5.g - c * _ -~.. -~.tkr ~ ~iz' _ e ~ ~~ .~xR It^~ x .:a t. y;T J .f ~'~ a ~, y ~ .. 'PE J r 9 i s +- _ A z ~ .~ ~~~y~ -` s~~ k . -~ a. ~._ ~4_M w' ~j. ~^ -. - 3~~ ~j i` ~ P ~ ~- ~• tf'~J...~~}y.4.-~~v'~Ye.'~ i...~~"x ^T-. a. ~ i'_' t~ ~1 '~ ,~, ~ F ~,.-'~ r.+<y$j- yr• '' ~` _. ~ y 1~~ -~ ~l" F ~t. _. *'~~ Y ,, r .~ ~fyt'~ ~, ~. ~ +~ ...ice ~, r f~~ t ~i, ? a Y ~; r~ _ t ~ ~ ~ ~. ~ ' .~ ;. - ~ n `t ~. ~~ ..f.~ ~ _ ~ t ~ ~ an a ^'° ~ ~ r ~ a n _ 9 p t ~ - = y ~a a '~ t n s Sr 4' ~,~ ~~s ~ i.~~ y-G' *£ ~ ~ # s ~ t,.._ .'r >F .,y •,,~ ~e,t ... "fir Via' e~ " ~ of .4 ~. ~ ~~ `: ' '1i I' ~!-'~ -. ..~@ Tl~°#.r- ~~' 9"`-~v 4v ~ rr~ '~.f6~y'~.. t~'~ J t'u - .~{R` ~ty. 1"'d~_- 1. f 'Y '• ~ 1 r^ ~ ~~`-`~ °~~' - - ~ '~ ~~~ r, ~1' '~ ~ r.r:a 44.~~ #.- v=, fF~a,e ~ `s ryp .~ ~r~ ;p~,,.-tai. ;a ... ..~ ~ 4 r ~ ~ !'r _ '~ r t ' ~ ~~= ~ ~ <, s.+" Vin, " 4 ' a- ~ ~" -i ~'' _ :~ ,~~' t h i 1 Y ~ #y, 1...-~t^~'~ P ~ ~ 'v,3~ •3 dyc_ ,.z' .a' ~_ M Y.. ~ pF `~~ ;.t ~+ a -~ _ s.'F rt y,_~-. -mow ~. ~ c yam` , v r* _ ~~a- ~ ~ li ~y_ J ~~._ .~ ,.~ , ~~ +~ ~~ ~l i ,~lFffip tR 0~ •~,. u ~ ~.4R ~s t"7 '~'_'°~`'~~-ri I ~~ ~ ~i;.~ ,~,y ~ s..' ~ ~ _ ~~ k L - ~^ ~~~1 ~~ ~a r r ~ .~ ~ ~~ 1~, ~t". cam- .: x ~ t _ ajp y,......~r ~ ~s - ~r ~ ~ s.. ~ k5 +- ~, n-J }-~ _ g ~~ ~ NATIONAL MUSEUM OF WILDLIFE ART Jackson, Wyoming ~,~ _~ ,~ `~~ ~~ NATIONAL MUSEUM OF WILDLIFE ART Jackson, Wyoming ~~ f _~ `~1 _~ t ~~ t <~ :J { F t ~~= s y '- Fentress Bradburn was awarded the architectural commission for a new county government center as a result of a national design competition. The jury unanimously selected Fentress' design from a field of 45 prospective, nationally-renowned architects. The complex consists of a six-story county administration building, three one-story buildings for the county commissioners' chambers, amulti-purpose community facility and a central plant. r' .. `~ __ Location: Las Vegas, Nevada Size: Building: 350,000 s.f., 32,200 s.m. Cost: $48,200,000 Owner Reference: James L. Ley, County Administrator (Former Assistant County Manager) Sarasota County Government 1660 Ringling Boulevard, 2nd Floor Sarasota, Florida 34236 941-861-5111 Contractor Reference: Bennett Sloan, Project Manager (Formerly with Chanen Construction Company) Jacobs Facilities 3548 East Sky Harbor Boulevard Phoenix, Arizona 85034 602-231-0861 Fentress Bradburn _~, ~..~,..,,...i ~ r, x ~ ~~~~ ~ ~ t b , ,~ ~ t3 ~; ~, ~ ~~~s_ ~ ~'. . E ,,~ :-~ a ~`x p , ~r _ ~ ~ 1 Y _y. 7~ L' ,., '- ~L../ ~. Fin ~ ~ ~ f ®w~ ~ -~ ..} it~S S ~ { I~+f _.~ t ny ~r h r ~~ ~ ~ , r ~ ~ .~'msss~,, -rte - ~~ J. ~~- ~'~ _ -_ ~ '... "`. Y .$.. .'fir' .a~wY.Tlt~; ~,~ _ ~'._e-+ ~ .,~.Yjl~~y-. 17R ti.~ -:a'. ti/ / .1 y _-., .-L ~, _ '_'3 ~ ~ ~~ ~ "S / ~,yr... _ fin. ,~y . f ~ ,.~_~ ~~> ~~~ ~ty~, r _ 1,~ J ~ y~ ~Ebr]'~ii S. -d' Y'S --a~. y~.-3• ~ l F~i~'C _ <i ' ~' ~ :s +* may. ~ r y' ~ ~ ~ .. ,, .x` j' .~ ~ ~~ ~r~ \ _ 7' F { y ~;'~a e. ~' '~ .75x5- ~:~5' `~,: ~.1: x`~e ` ~ a''_`tr_-r~,.~.~_ _ ?~ri ~`.' ... ,.~ee w T a~sw ~~. `> ~- _. J 1r. ,~ -. N __ ~ --~:_ ~~~` -'"~ -- > ,, ---~ -- ~, P ` - - ,-~~ v Y~ - .- ~..- .~ _ _~ ~. ._. ~_ ,. - - ~ -~ _ ~_~-~ .,- m~-~.-,r, _- -: ~ ~ -'- -- - --- - - - -------- ~ a - ~~ - - _ ,.~ fir--; it ~~E - ~ . ~ -_ ~~ ~ _~~ ~ ~ ~ ~~ ,• _---_ I ~--` 4 ~ _ ~ ~ ~ ~ ~ _ r L ~_ - ~ / ~ ~ ,y-~ ~~' ~ ~1~ ~ ~~ _T~ _ , - .,_ _ _~ «- ~ ~© ~ I ~ e /' / ~ ~ ~` ~,.,~~ _ f l `` ~ ~` _ ,; r -} ~l ~ ice' ~7--'~ _ x _ ~~ L \~. ,i~.~~i' ~,1 - --~ ~ ---1~~~-~~ ~ ~ ~`u'~.r ,I,...-rr'° ~+lt a`+' ~f~'~+7.r.,,4 ,r .,~a~' tb r t ; ~. ~.. '~`~. 3S A .` ~"'--'--ti-s:- oa*~ ~ 4 'Yr'ri' ~`'C~ . rs Y ~~ T ~1Ni' ~" a `~. .,k ~ i ~ t!~} ~}~ ___~ ~~ ''ti a ~. ~ I f. .fir. ~~ ~c ~.~~. .. ~. ~~ "d~~ fi„ . ti 3= .) r~ ~, ..~ _~ .~ fwa V y,~>i .~% . .. C./ J_~ .m.~ _ ,r ~~ ,,..,~ _~ :; .. ~:;~11 -~J ~z Fentress Bradburn won the national design competition for the United States Marine Corps Heritage Center and its National Museum of the Marine Corps with a design that will inspire, memoralize, educate and inform a diverse audience. Marine Corps history has provided a wealth of visual imagery which has inspired this design to meet the symbolic, emotional and functional objectives of the Marine Corps. ~ ,. ~. ,~ ~ ~~ , ~,- ~,.. . r.= ~~. I ., __~,, - _-- __, , ~- , U H Location: Quantico, Virginia Size: Phase I: 100,000 s.f. Full Build Out: 214,000 s.f. Construction Cost: $80,000,000 Owner Reference: Ms. Tess Manns, LEED/MCNR and Facility Infrastructure United States Navy/Commander, Navy Installations 2000 Navy Pentagon (CP-5, Suite 480) Washington, DC 20350-2000 703-604-4223 Contractor Reference: Construction Not Underway Fentress Bradburn ry~ c .rv ~~ '.. `~~. t .~ -. _) NATIONAL MUSEUM OF THE MARINE CORPS Quantico, Virginia ~' ~ ~ ~ X ~~. ~` v yf 7~.a~iq v'. \~^~. fie' ... ~ .~ .. f ~• ,y~ ~ ~ f ~~ ~ . i f ~ I a ~ ~ ~ ~~' r 1. ., .• r ... J) ~' ~`. ~ r \ _ o Y\ . ... ~~ J. .. 'Y ,} ~ ~ {1 ~` tea. ~, f t - ~ -•. t. "; s ~ ~ }'' t ,1 f I / ~= 55 ,fit.. ~ ~ .1 ~ ., ~ '~{~{ ~'~•''~ ~ ~~ -. ~ 1'- iw _ •~ ~. - ~ - ~ ~ ~.'.. _ t ~ \'~ t~ 'x~ ~f ~ ~ ~ _ ~y~ l --. o ,. ~. "+~ T^ 3 ~ }~ ~a:ti j/`x ^E! '~ _ '1 ~ • - _'-, ~4.I t""_ .~ - 'fit ,;~-: ~F,(t ~ ~ ~~- ~~ ~ ^ , ~ Z_„-~` t it ~ i+~ _ x 6 -~- '~- ~ ~a Q. ,a ~~ a w .MSS •f+.x~ ~ ~ • .~ ~ i _ 'r r _ .' ~J, .~~ S" ~i .. ,~T ( ,7,.,., '4 ~,~"^•::^-,... ~F" ~i ,W .~.- ,a`a der ~'I T ,~ ,~. ~ -,;~ ~ s - ' ' r t ~-:+'~~- q~ ,~ !~ +. - . 4 ~.~ `,.` ~ /rte _ ti ~~~,.it;. ~ "^-., ~ ' ~ ' '+ '*- --° ;: ~. l ~' l ~ t ~' ti .. l -~~~ 3 . ~s,~--'`~ 1 4' f ' ~ , Mr ,• ice` , X11 ~_,,.s'',~r,;,;i•'"`~. y~..~ 1, s. 1 ~~ ~~, s `,~ ~; , -, ~ ~~ i ``~.. p ,-` - ~ _~`~ - o-i sir `i ,~ - fr ~ ~~ •- ~~ q, ~~. ~~.xt ~ t} 11 ,,,-.• ~' L~~s"`"- ^_,` o:.~ .as-` ..l~ .~""'" i r~~ _ ~~ _ ~ ff, _}~~~s.~"'• j j xv ~ ~ ~ . ~~~~ .~ tt _ , .~-- t ~ ~ ..~ _ ~ ~. ~ l I x Y ~ _ 1 p ~ _~ ~` ;~ ,~ R~ t' ~~ ~ is .: 'L' 3 ~. t y ~~~ ..~; _~ ~~ _~ _~ _~ :. ~~ r _~ _~ _~ .~ _;~ _~ _~ ._ _~ ~~ ~~ ...~ The Incheon International Airport Passenger Terminal Complex was the product of an international design competition, in which Fentress Bradburn was unanimously selected. The jury commented, "The winning design fully understands this new world-class hub airport will be the gateway to the Korea of the new age. Its efforts to draw harmony between Korean images and global design trends and technologies are outstanding." Location: Seoul, Republic of South Korea Size: 5,935,000 s.f. / 551,362 s.m. Construction Cost: $1,100,000,000 Owner Reference: Dong Gil Lee, Senior Associate Incheon International Airport Corporation 2172-1 Unseo-dong,Jung-gu Incheon, 400-340 Republic of Korea 011-82-3-2741-0114 `. #~II 1 Contractor Reference: 5 contractors formed a consortium for a contracting team to include: 1. Hanjin Heavy Industrial and Construction Co. 2. Sansung Heavy Industries Co. Ltd. 3. Daewoo E&C Co. Ltd. 4. Keumho Construction Co. 5. Fluor Daniel Fentress B_radburn w r , ~ '. - ~' ~ tt '~~~5 `- _ '~ _., - ~~.. ..., e x~ ~£~'3;,~;y4z . "fix;' ' ~' ~ ; ""i 1 ~. ~~~.~v~ `~:~~-.: _ .~ ~a `~ t _;~"~7?L iPJi, •y \ \n ~~~- Y:a: -_. -- -_ ~~=~ ~, x ~ ~ -~ ~~_ _- zir ~, ~ 't, ;ri ~r_ a~ ~ , ~_ z :~~ I~ ~'> }' : i .. - \, ~~ ~~ ~ r ,.' ' ~ b't --'-.' l ~ ~~~~ • "T: n.' ~. ~`i .. i ` ~ ~,., ` ~,: .~ .~• '15 ~ •~' ~~ may. - \`~``^`•`~~ ~` ~~. s ~:. . _~ ~ ~ i ~.. t -~ ,.. _ . ,, }_ ~_~ -j _~-. t ~ + ~ I ~ ~. ~ ~, ivy 1 i:'il u `'•~~~,i , tri11TR1t1if-,ITtlllttl7~~ ~~ "n ._r t .. ~- s i ~-"' ~ • ~ . - ~` ~ ~ ;T i if ~fff fii(~if~f'fPifi~ita ~j'( ~- ~ t~ ~ . ~ ~- ~:'. ,~ ~,_ { .:~ -~ v~ ' INCHEON INTERNATIONAL AIRPORT Seoul, Republic of Korea '~ ti ~ 5,~~~i\ ^` fl- +'~,~ ~~ f' ~~ .H ? ^1 0.~ ~ 1 tE aid ~ ~.' a4. ~~ `d~ . Y k: Va~~~ -~..~'` - ' ~ Ste. ~ ~ ~~ \ ~ ~, - r ~.. .-„" ~~ _ ....~"_ __ ~ ~ t :;,;jt ~~ ~ \ ,''~ a \F~ ~ - ~' ~.. _.,. _ ~.- *~`~ ~~ I,~I~' ~ ~ I 1 _ _ _ ) r ~ - k, ' .,l~ ~~ '-vss+sse..a~.c.,..yC.•~Y''~ ~~ ~ S J~ ~?~. _ ! ~ ~¢ ;~I 171 111 -_ ..L.~. ~,~~~. i~ .~ 'r _ ~.- x,'~3~j 2~_ ~ t °.~ _}} ti~ e ~~ ~~ ~~ _) INCHEON INTERNATIONAL AIRPORT ~ Seoul, Republic of Korea The Regional Transportation Center/Regional Flood Control District Headquarters (RTC/RFCDH) is the second of two buildings on the 38-acre Clark County Government Center Campus. In a testament to the ancient heritage of the land, this new government building reflects the canyonside building techniques of the Anasazi Indian civilization. Contractor Reference: Sam Saben, Perini Building Corporation 73 Mount Wayte Avenue Farmingham, Massachusetts 01701 508-628-2000 Location: Las Vegas, Nevada Size: 70,000 s.f. / 6,503 s.m. Construction Cost: $11,500,000 Architect of Record: Robert A. Fielden, Inc. Design Architect: Fentress Bradburn Architects Owner Reference: Jacob Snow Regional Transportation Commission 301 East Clark Avenue, #300 Las Vegas, Nevada 89101 702-676-1500 Fentress Bradburn dfT I`r t ' f ~_ ~ } ~5 ~~{ ~ ~ ~ •; ( .: ~C JI Y ~`~- "T # sg ~~.:. i 1 ~ ~,~''~~ ~,. ..1 ~.:. ~? ~ - ~ i ~. { ~} ~: _ ,. ,rrT ~' _ _ - t {. _~~ \t + 1 /~t ~, ~l~~y ~~~ r~ _ Y ~r w _'~ ~~! > i ~ ~• ]~ i , ~~~ ~, i f ~~ i s J . i ~\ ~~~ X474 Za rnx~. ~~: ':~ ~~ ~~_ - 1 }]`< ~f •,~ ~% y~ i I / I i ~j. i~ /~ ~1 ~ ~' l~~% ~ J// :.~ ~' J .~~ ~~~ ~J~ ~. . ,. ' ~/ ~- I t~ I i ~~yr J ~ -~ t~ . v ~J._~_. ~1~.---f ~-- _ _ - _~_ ~ ~---i.t__._~... -~._..i'__.. '. ~, . ~ _.i.~_t.. __.1..__.~ ,.~ ,._ _I-.~-~- -' c.J _ ..., i .. __ ~. r_.1 '~ l:-,.. f'-' .., _. _. ~ it ~'' --- _' Fc f ~ r^.r I ~ f ,. -, ~ ~,. <. ;i,: /~~ ,, . /J . .~~~ .: I ~~~ ~~~ ~~~~FJ ~l / //// ~~'i/~ //',//~ `/~ ~~ ~~ % ~.{~ ~ Yes ,; .a'i ,: ~4 ~~ .~ .-. `~: qR~ y .1re~k _~~ ~ rJ ' ~ I ~,~ ~~~ i4fY~Sx~ - -~ r `.! ~ t .. F ¢~ ., ;fir ., B ~~, ~ ~~ ~: ..r ~~~ Q ~ :> ,t. -~ P~ ~` ~ ~~: ,_~ .,~ ~' f. ~:~.. .~,;; .-~ ~j L T~ 6C'Ti d+SfY,E ~~., ~ ., r k ~ ~ 1 - ~-t_ 1 Y a. . y' 4l ~1 I ' F . °' ~~ . , J ~ 1 ~ T.~ •r ~_ ~,~~ 'hG~ ~ _. ~.~~ ,, ~ ~~ i' . ^` la_ b ,~, 1~~~ ~ /. , 09 1 ° rli'E,~:;j~~:" 't .. 4 ~ :,~'~"le! . : ° e ,ii ~ !~ ~I~~iD ® ;,, j _ `s :,~~~,~' ~ ~ ., ~~ ~ r ~ ~~o N o n t~ i~ t~ ,, ,~ ~ 1~~n. f.~ 4 ~ .~~.. _--_ ___._.~_~_ ~_..~. =~J :~ ~~ _.~ r'1 J The National Cowboy and Western Heritage Museum has been called an "international icon of the American Frontier" and attracts 225,000 visitors each year. Located in Oklahoma City,. Fentress Bradburn renovated and expanded the museum to reinterpret Western images. The firm was awarded this commission through a national design competition. Location: Oklahoma City, Oklahoma Size: Total Building: 240,000 s.f. Expansion: 163,000 s.f. Renovation: 77,000 s.f. Construction Cost: $30,000,000 Owner Reference: Judy Dearing, AdministrativeAssistant National Cowboy and Western Heritage Museum 405-478-6400 Contractor Reference: Mark A. Grimes, Vice President Flintco, General Contractor 405-670-6307 Fentress Bradburn _=_.> t NATIONAL COWBOY AND WESTERN HERITAGE MUSEUM Oklahoma City, Oklahoma _> ;.; , ~ ~ -~ 1 "'-~~ 7i`.rrA:~~t.'v+~d 1.~''^~;. `:~k870 .~~^~' x ,s~f~~~-, ,:,^~r ~"3~. ,. ~ _ - .. _______ -- _ _ _ - - -~ is ;~ ~ ~~ ~ ~. - ~,~ - ~ II ii ~ _ ~ K ~ ~~ ~ '~ duo-;. ~~I . a i. ~ ~ ~ '. _; ~ ~~ {'t s ~~~ I ~~ , rl ~4 ..~...:a.'.~'~' r_!,.- +~ . } ~:_~ _ ;~' NATIONAL COWBOY AND WESTERN HERITAGE MUSEUM ::~ . Oklahoma Cin, Oklahoma ~~ .~ ;~ ~ ti• ,.;`± ~~ ~ ~~~, ~~ .~ ~-~ .~ ~ . `. Q ~ 1 ~' ,~ ~, 1, , .~ ;' ~ ,' ;• ~~ . ` ~,._' -~ ;~ ~,~, ESTES PARK CONVENTION CENTER Estes Park, Colorado _.. ~. . a,f~ +~ti y .J ESTES PARK CONVENTION CENTER Estes Park, Colorado ~) ,~ A. The success of this project's team will rest on the ~ '" individuals assigned to the facility's completion. Good ~~:y (• teams typically have strong leaders, together with highly ~` - ;~'~ _ qualified, dedicated support personnel. The Owner is ~ ~4,, _ ~, ~a ~y) very interested in the specific make-up of your proposed ~ ! ~_~> -~ team, and their respective qualifications. Please provide t~ ~ ~!. the following information about the in-house employees !~ ~ p, _~ your firm proposes for this project: _ : , ' '~-~ ~~ - •~ 1. The presentation of the design team leader's .. qualifications should include at least the following -~-~ -~ ~) information: - ~ ~ ~~~ ~ v~~~, ~~ - Current resume. ~`~'" ~~~"' - List of projects completed by this individual, together with owner and general contractor contact person and phone number for each ~ _ project shown. - Narrative of key qualifications that makes this ~" ~ -" _) mdividual an ideal "fit" for this Owner and this ~ =? ~~,~ job. ~ ~ . ~`~, ~ - Minimum number of hours per week this individual will be specifically dedicated to this project during the design process. ~~ - Minimum number of hours per week this _ \\ . , individual will be specifically dedicated to this -~ project during the construction process. - Other projects this individual is currently scheduled for participation in through 01 SEP 06 as a member of the design team for your firm. - - Personal references for this individual in the c'~~`. community outside the construction industry. ~--;_ . ~ 2. The presentation of the balance of the in-house ~ ~~ design team members should be identify the following information about each: - Current resume.. . _ ~:. - Current job description. ,.- ~ ". - Minimum number of hours per week this `~ _-. . individual will be specifically dedicated to this '~~=-°~ project during the design process. ~`' - Minimum number of hours per week this :`~ individual will be specifically dedicated to this ~ - project during the construction process. ~-• Other projects this individual is currently ,j ~'~ ~ ~--, scheduled for participation in through 01 SEP 06 ' _ i e~ as a member of the design team for your firm. ~~'~", .~ Fentress Bradburn c~~~rc- ~ l ,.~,_,. J -~ 1. The presentation of the design team leader's qualifications should include at least the following information: - Current resume. - List of projects completed by this individual, together with owner and general contractor contact person and phone number for each project shown. - Narrative of key qualifications that makes this individual an ideal "fit" for this Owner and this job. _ - Minimum number of hours per week this _ _ _ _ individual will be specifically dedicated to this project during the design process. - Minimum number of hours per week this individual will be specifically dedicated to this project during the construction process. - Other projects this individual is currently scheduled for participation in through 01 SEP 06 as a member of the design team for your firm. - Personal references for this individual in the community outside the construction industry. :~ _) ~:~ ~~ ..~ _~ Fentress BradUtrrn J 1) _~ _~ ..~ .~.~ -.~ ~:~ ~, J .~ _~ J J _.j 2. The presentation of the balance of the in-house design team members should be identify the following information about each: - Current resume. - Current job description. - Minimum number of hours per week this individual will be specifically dedicated to this project during the design process. - Minimum number of hours per week this individual will be specifically dedicated to this project during the construction process. __ _ _ _-_ _ Other projects this individual is currently _ _ _ _ ____ _ scheduled for participation in through 01 SEP 06 as a member of the design team for your firm. T'entress Bradbiic~^ ,.,.~=;--~~s ~,~ President, Principal-in-Charge of Design Fentress Bradburn Architects Project Role: Principal-in-Charge of Design Key Qualifications: • Has completed 7,182,372 s.f. of Convention Center projects • Eight years of architectural design experience with I.M. Pei and Kohn Pedersen Fox • Responsible for the design of over $7 billion of constructed work • Responsible for the design of projects receiving over 192 awards for design excellence, including 124 for excellence in design of public sector projects - --- -• -- -Principal-in-Charge of Design for-Fentress Bradburn on the-three of the largest public works projects in the City and County of Denver; Denver International Airport; Colorado Convention Center Expansion; Invesco Field at Mile High Stadium • Extensive experience providing public presentations to gain input from various groups • Fellow of the American Institute of Architects for notable contribution to the advancement of the profession of architecture (inducted 1996) • Winner of 25 national and international design competitions • Designed significant, cost-effective public sector buildings totaling 35,300,000 s.f. Relevant Project Experience: Education: North Carolina State University, Bachelor of Architecture, 1972 Registrations: Registered Architect, Colorado #301908 Project Name/ References Project Construction Size Location Role Cost (s.f.) Clark County Government Center Owner: PIC of Design $48,200,000 350,000 Las Vegas, Nevada Jim Ley, County Administrator Sarasota County Government, (former Assistant County Manager) 941-861-5111 Contractor: Bennett Sloan, Project Manager Jacobs Facilities (formerly with Chanen Construction Company) 602-231-0861 Colorado Convention Center Owner: PIC of Design $81,400,000 1,000,000 Denver, Colorado Carol Wallace, General Manager San Diego Convention Center (former Director -Colorado Convention Complex) 619-525-5101 Contractor: Jerry Morgensen President and CEO Hensel Phelps Construction Co. 970-352-6565 Fentress Bradburn a...~,, , , ..,,..,,,...,,, , Years With Firm: 24 Years of Experience: 32 _~ ~'1 -, .., 1 ~ • ~l 1 -^? Project Name/ -~~ Location Colorado Convention Center Expansion ~ Denver, Colorado ~ _-,) >> ~.~ - _., "'~- --- - - - ----David Eccles Conference Center - and Peery's Egyptian Theater Ogden, Utah :~ t/ Denver International Airport Passenger Terminal Complex `~ and Parking Structures ) . Denver, Colorado : v ._ .~ .,~ National Museum of the Marine Corps Quantico, Virginia ,;',`~ >: x' National Museum of Wildlife Art Jackson, Wyoming `..=J y Reference Owner: Dave Bufalo, Director of Design and Construction Management City and County Denver 720-913-8803 Contractor: Jerry Morgensen President and CEO Hensel Phelps Construction Co. 970-352-6565 - Owner:- - _ -_ Dr. Ann Milner Weber State University 801-626-6001 Contractor: Mark Glauser Big D Construction Co. 801-430-0522 Owner: Hana Rocek Manager Planning/Design City and County of Denver 303-342-2612 Contractor: Shaun Yancey, Vice President PCL Construction Services, Inc. 303-365-6500 Project Construction Size Role Cost (s.f.) PIC of Design $304,000,000 1,400,000 ---PIC of Design -- --- $24;000;000 135;000 - - - - Owner: Ms. Tess Manns LEED/MCNR and Facility Infrastructure, United Stales Navy/ Commander, 703-604-4223 Contractor: Construction Not Underway Owner: Ms. Francine Carraro, Ph.D. Director of Museum 307-733-5771 Contractor: Dee Jorgenson, Project Manager Jacobsen Construction 801-973-0500 ti`~ Palm Springs Convenfion Center Expansion Owner: Palm Springs, California Allen Smoot (Retired) (formerly Assistant City Manager ,,., Director of Aviation) w City of Palm Springs 760-778-8456 Contractor: Construction Not Underway _V~ PIC of Design $455,000,000 6,450,000 PIC of Design PIC of Design PIC of Design $80,000,000 549,000 $8,000,000 35,365 $24,700,000 125,000 Fentress T3t~adburn ..,` ~ ~ ,. ~ , o J~ l '1 ,. -~ ,.. J ,~ ~~ c. r e°~, r .~ EL~~" :.> ~) -~.. ~..-•, ~. ~.: ~: 2. ,~ 1>) =~. ). _~ ;- ,~ ,~ .) ~) `.J ,~ ~ :"` ,. '~ -~ Project Name/ Location Pasadena Convention Center Expansion Pasadena, California Reference Project Role Owner: PIC of Design Roger Smith Chief Executive Officer Pasadena Center Operating Company 626-793-2122 ext. 225 Contractor: Construction Not Underway Construction Size Cost (s.f.) $71,000,000 730,000 Raleigh Durham International Airport Owner: PIC of Design $460,000,000 Terminal `C' Expansion and Redevelopment Dave Powell, Manager - ------Raleigh;-North Carolina ----- --- - - Major Capital-Improvement:Program - - ---- ---- --- Raleigh Durham International Airport 919-840-2100 ext. 248 Contractor: Construction Not Underway Regional Transportation Commission and Regional Flood Control District Headquarters Las Vegas, Nevada Owner: Jacob Snow Regional Transportation Commission 702-676-1500 Contractor: Sam Saben Perini Building Corporation 508-628-2000 PIC of Design $12,300,000 Minimum Hours Per Week during Design Process: Minimum Hours Per Week during Construction Process: Other Projects Scheduled through 10 SEP 06: 16-40 hours 8 hours Pasadena Convention Center Expansion Desigri Development complete September 2004 Pasadena, Califomia Construction start March 2005 Raleigh Durham International Airport Design Development complete September 2004 Terminal `C' Expansion and Redevelopment Construction start March 2005 Raleigh, North Carolina Palm Springs Convention Center Expansion Construction Completion October 2005 Palm Springs, California Colorado Convention Center Expansion Construction Completion November 2004 Denver, Colorado 1,000,000 77,000 Fentress Bradburn - ~,, -.. _/ -^ l ^•) ~,, ~1 {::~ -~, ~. J ~J D J .~ ~`f Personal References: Mike Komppa Corum Real Estate Group One DTC, 5251 DTC Parkway Greenwood Village, Colorado 80111 303-796-2000,303-796-2065 fax A. Barry Hirschfeld President A. B. Hirschfeld Press, Inc. 5200 Smith Road Denver, Colorado 80216 303-320-8500, 303-329-3111 fax i~~,l,~ess B_radburn ~.: 1~1 EC ~ i 1 iD \l)~ '/ -~ .~ .~ ~.~ ,~ r~ .~ _.~ it ~~ ~.~'} r~ J .~ :~ .~ v~ Principal Fentress Bradburn Architects Project Role: Project Architect • Lead Designer for the Colorado Convention Center, Colorado Convention Center Expansion, Palm Springs Convention Center Expansion, Denver International Airport and Clazk County Government Center • Has completed 6,000,000 s.f. of convention center projects • Firm's first Associate, Senior Associate, Associate Principal and Principal since 1994 • Designer for 5 winning national design competitions • -Received 48 design awazds including multipledesign awazds from the American Institute - - - -- -- - -- - of Architects Years With Firm: 23 • Responsible for the design of over $2 billion in public projects including almost $1 Years of Experience: 27 billion in completed construction Education: • 3 yeazs experience as designer with Skidmore Ownings & Merrill University of Colorado at • Extensive design experience working in large, complex, multi-discipline teams with Denver, Master of Architecture, extended specialty consultant members Graduated 16' in Class, 1980 • Extensive history of managing the development of the design; ensuring client University of Wisconsin at requirements are incorporated while securing close coordination between design Milwaukee, Bachelor of consultants Science with High Honors in • Experience in providing architectural design services nationally and internationally Architecture, 1977 Registrations: Registered Architect, Colorado #201891 Relevant Project Experience: Project Name/ Owner Location Project Construction Size Role Cost (s.f.) Arvada Center for the Performing Arts City of Arvada Project Architect $50,000,000 & Humanities Arvada, Colorado Clark County Government Center Clark County Government Center Project Architect $48,200,000 Las, Vegas, Nevada Colorado Convention Center Ci[y and County of Denver Denver, Colorado Colorado Convention Center Expansion City and County of Denver Denver, Colorado Colorado Convention Center Expansion Study City and County of Denver Denver, Colorado Denver International Airport City and County of Denver Passenger Terminal Complex and Parking Structures Denver, Colorado Incheon International Airport Incheon International Passenger Terminal Complex Airport Authority Seoul, Korea 150,000 350,000 Project Architect $81,400,000 1,000,000 Project Architect $304,000,000 1,400,000 Project Architect $N/A N/A Project Architect $455,000,000 6,450,000 Project Architect $1,100,000,000 5,935,000 Fentress Bradburn n:C n~~FC T,, ro .J ~ _ ~ ~ ~ ~ '.~ ~ Relevant Project Experience: ~ ~ Project Name/ Owner Project Construction Size Location Role Cost (s.f.) Palm Springs Convention Center Expansion City of Palm Springs Project Architect $24,700,000 125,000 Y", Palm Springs, California Pasadena Convention Center Expansion Pasadena Center Project Architect $71,000,000 730,000 :x Pasadena, California Operating Company `~ ~ Regional Transportation Commission Regional Transportation Project Architect $12,300,000 77,000 ~~ and Regional Flood Control District Commission ~_~ Headquarters '~ Las Vegas, Nevada ^~ Minimum Hours Per Week during Design Process: 32 - 40 hours Minimum Hours Per Week during Construction Process: 16 - 24 hours Other Projects Scheduled through 10 SEP 06: Pasadena Convention Center Expansion Design Development complete Se ptember 2004 Pasadena, Califomia Construction start March 2005 ,~ Palm Springs Convention Center Expansion Construction Completion October 2005 -~~ Palm Springs, California "~ Colorado Convention Center Expansion Construction Completion November 2004 Denver, Colorado l 3.:;:~ .~ _;,J J .. ~} ~~ ~) J .. ...~ A~ Fertlt~~s5 Bradburn 1 ~.~ ~1 J ~~ _~ -,~ ~l ~~~ . _~ . _~ r'"'1 t ~~ '} t:.Y ~l _) ,._ ~~ .J ,~ ~:_.) ~_~ Y ~- ri~ ~~~ .~ .) ,~ ...) ..~ _~ _~ Principal Fentress Bradburn Architects e: Project Role: Project Manager ~ ~ f ~~ - _ ~~~ f:. _. ~ • LEEDT"' Accredited Professional ~: ~° ~~ { < <1 ~ • Has completed 3,383,000 s.f. of convention center projects `~ • Principal and member of Fentress Bradburn for 22 years i • Strong background of public sector work including the Colorado Convention Center, Colorado Convention Center Expansion and Palm Springs Convention Center Expansion • Proven track record of projects completed on time and within budgetazy constraints - --~ Adept at dealing with extensive programmatic regtiiremet-ts; coordinating lazge teams - -- - - - -- ----- of supporting consultants, complex regulatory and approval processes, and the full Years With Firm: 22 Years of Experience: 27 range of project production and building construction processes necessazy to meet schedules Education: • Project manager or job captain in the technical production of over one billion dollazs Lawrence Institute of worth of construction during his 27 yeaz azchitectural cazeer. Technology, Bachelor of • Provided 18 months of on-site representation for Fentress Bradburn during construction Architecture, 1977 of the original Colorado Convention Center Registrations: • Project experience focused on the management of lazge scale public and private projects Registered Architect, • Experience and expertise of the local climate and winter weather conditions as well as Colorado #305161 construction techniques and constraints • Guest Juror for the School of Architecture at the University of Colorado • Special focus on conference & convention facilities Relevant Project Experience: Project Name/ ~ Owner Project Construction Size Location Role Cost (s.f.) 1999 Broadway Lawder Corporation of Denver Construction $65,000,000 760,000 Denver, Colorado Contract Administration Avon Recreation/Aquatic Center Town of Avon, Colorado Project Manager $5,500,000 45,000 Avon, Colorado Clark County Government Center Clark County General Services Project Manager $48,200,000 350,000 Las Vegas, Nevada Department Colorado Convention Center City and County of Denver Job Captain $81,400.000 1,000,000 Denver, Colorado Colorado Convention Center Expansion City and County of Denver Project Manager $304,000,000 1,400,000 Denver, Colorado Denver International Airport City and County of Denver Job Captain $455,000,000 6,450,000 Passenger Terminal Complex and Parking Structure Denver, Colorado National Museum of Wildlife Art National Museum of Wildlife Art Project Manager $8,000,000 35,365 Jackson, Wyoming Palm Springs Convention Center Expansion City of Palm Springs Project Manager $24,700,000 125,000 Palm Springs, California Pasadena Convention Center Expansion Pasadena Center Operating Project Manager 71,000,000 730,000 Pasadena, California Company Fentress Bradburn >I -~~ ~ ~ ~ ~ ~ ~. ,~ Minimum Hours Per Week during Design Process: 16-24 hours Minimum Hours Per Week during Construction Process: 32 - 40 hours Other Projects Scheduled through 10 SEP 06: Pasadena Convention Center Expansion Design Development complete September 2004 ._~ Pasadena, California Construction start March 2005 Palm Springs Convention Center Expansion Construction Completion October 2005 Palm Springs, California Colorado Convention Center Expansion Construction Completion November 2004 Denver, Colorado ~~ ti - -~, J Fentress ,~~" . .. ,~ _~ ~j ~ ~ .~ .~ • -.~ ~" ~ Interior Designer .~ Fentress Bradburn Architects Project Role: Interior Designer ., Interior Designer for the Colorado Convention Center Expansion and the Palm Springs Convention Center Expansion, National Museum of the Marine Corps ~~ Has completed 1,585,000 s.f. of convention center projects ~) Has 9 years of interior design experience on public and private projects • Has been the Project Designer on more than 27 projects in the Western Region of the ;.. ~ United States ~ __-____ __Familiar with demanding time schedules and complicated requirements-on multiple - ---- - - - - - ~~ projects Years With Firm: 3 • Successfully worked with high-level executives in both the private and public sectors Years of Experience: 9 • Graduate from Woodbury University in Burbank, California Education: Woodbury University, BS in '~ Interior Design, Minor in ~~ Business Administration, 1997 ~~ Registrations: Certified Interior Designer by ~~ NCIDQ ) e Relevant Project Experience: ~_ ~ ~~ ~ Project Name/ Owner Project Construction Size ~~ Location Role Cost (s.f.) Colorado Convention Center Expansion City and County of Denver Interior Designer $304,000,000 1,400,000 Denver, Colorado ~.~ Palm S ran s Convention Center Ex ansion Cit of Palm S nn s Interior Designer P~g P Y P~g $24,700,000 125,000 r-~, ;~ Palm Springs. California Pasadena Convention Center Expansion Pasadena Center Interior Designer P d C lif m $71,000,000 730,000 ~ ~ asa ena, a o ia Operating Company t~ National Museum of the Marine Corps Department of the Navy Interior Designer $80,000,000 549,000 Quantico, Virginia Engineering Field Activity D Campanile Residential John Madden Company Interior Designer $30,000,000 150,000 -~J) Greenwood Village, Colorado Parkridge Two Patrinely Group LLC Interior Designer $6,375,000 87 000 Littleton, Colorado , ~~ ~~> y~ .~ ~~, _a Fentress Bradbut~l ~.«f, .. ... ., ,~,,. ., ll ~J ~J `~ ~: ._J ~J Q s® .~./ ~~ 4.J GJ D ~l J Minimum Hours Per Week during Design Process: 32 - 40 hours Minimum Hours Per Week during Construction Process: 16 - 24 hours Other Projects Scheduled through 10 SEP 06: Pasadena Convention Center Expansion Design Development complete September 2004 Pasadena, California Construction start March 2005 Palm Springs Convention Center Expansion Construction Completion October 2005 Palm Springs, California Colorado Convention Center Expansion Construction Completion November 2004 Denver, Colorado Fentress Bradburn ,.~:t~~, _,~ ,;~~ LIVIN~~~~iT~~~T~ July 13, 2004 Mr. Mark Huff Architectural Resource Consultants 4410 Arapahoe Ave., Suite 220 Boulder, CO 50303 Re: fail Conference Center, $tateraent in Response to the RFP Dear Mr. Huff: The LMN-Zchren team expresses our appreciation to the selection panel for qualifying the team for further consideration to provide professional design services for the Vail Conference Center Project. Accordingly, v<•e are pleased to submit this proposal in response to the requirements identified in the RFP forwarded July 7, 2004 and subsequent clarifications made thereto. This submittal is considered an integral addition to the team information provided in our June 17, 2004 Statement of Qualifications. Recapping those qualificatiuns, the LMN-Zchren team possesses the necessary professional design and technical capabilities to weave together all of the conference center, parking, transportation, development and infrastructure. requirements into a creative architectural expression that m<°.ets all stakeholder and industry expectations while capturing the essence of the resort setting and the unique "Vail experience." This proposal includes all of the information requested in the RFP and makes no substantive qualifications to the proposed scope, schedule, or contract terms and conditions as forwarded to date. ' We continue to have the highest levels of interest and enthusiasm for the Vail Conference Center Project and we firmly believe no other team possesses the balance of national credentials in the _ _ Uuilding type coupled with the strongest local familiarity with the pmject and the Vail process. The LMN-Zchren team would welcome the interview opportunity to expand further on how w•c can he of service to the Vail community in the delivery of this exciting project. Sincerely, Judsen R. Marquardt, FAIA Founding Partner LMN Architects ,~. ,l STATEMENT IN RESPONSE TO RFP REQUIREMENTS The information contained herein generally employs the headings used in the RFP and presents it in the same sequence. Material is provided where confirmation of understanding w•as requested, comments or observations solicited, or quantifiable data required. Scope of the Proposal The LMN-Zehren team understands the scope of the project as described in the RFP including Add Alternates Onc through Five. We take no exceptions to this scope and our fee proposal is Formulated accordingly. Project Schedule The LMN-Zehren team understands the schedule as outlined in the RFP narrative Section I.G and further diagrammed the• Time Linc attachment forwarded separately. The work to be executed by the design team can be accomplished within the durations allotted and accordingly we take no exceptions to the schedule as it relates to design team resources and capabilities. Our fee proposal herein is based on services provided within the out-to-out duration identified in the RFP schedule. However, we offer the following observations based on experience in similar projects about aspects of the schedule outside the purview and direct activity of the design team: 1. Our experience suggests that sufficient time is not included for review and input from the owner's representatives including (but not necessarily limited to) the Conference Ccntcr Advisory_Committec, Town_of Vail_ Council, Design Review Board, and the public at large. Special efforts notwithstanding, past projects show that in reality, design team productive time is limited while such reviews are conducted and particularly while awaiting definitive commentary. Hence any scheduling overlap of design team tasks and client review steps. may have limited effectiveness. Accordingly, and unrelated to design team resources and capacity as noted above, we believe it is prudent to add 6-8 weeks to the period allotted for Schematic Design and Design Development (say, generally between now and the end of 2004) to accommodate this public process. It should be noted that such addition need not impact the ultimate project completion date, as an aggressive production of early bid packages by the design team during the construction documents phase can contribute toward maintaining the original construction start date. 2. At this time it is unclear whether a "design competition/ presentation" by multiple teams as noted in one option portrayed on the Timc Line diagram will be made part of the process. If that does occur, our experience suggests that the vast majority of that time must be considered additive to the schedule because clients tend to see that step as only related to selecting the team and setting overall project direction rather than as an integral portion of actual preliminary design. Further, sufficient time does not typically exist in such a process to rigorously reconcile seductive design imagery with the real world limitations.of budget. So this reconciliation is necessary before the work produced can be considered a legitimate part of preliminary design and the hope that the two process options depicted on the Time Line diagram can have essentially the same schedules may be overly optimistic. 3. Construction of the project is identified in the sc:hcdule to•be accomplished within 12 months. Unknown to us. may be the desire to execute the work this aggressively to favorably align with bond sale schedules or bidding climate or to open the facility in time to accommodate a certain event calendar. But while a 12 month construction schedule may he physically possible, (and is certainly so for private sector work) our experience suggests that for public sector projects, overtime costs and other acceleration premiums to achieve such a schedule (even recognizing contractor savings in overhead cost from being on site a shorter time) __do not produce the_ideal balance_bctween.project material/ . - ]aborcosts and any incurred acceleration premiums. Given a public sector project scale in excess of S40 million, executed in this specific location and climate, we believe an optimum (as noted above) construction duration would be on the order of 16-20 months, depending upon the schedule's realistic fit with the seasonal/climate calendar. As noted in our opening schedule comments, ] -3 above are not related to the LMN-Zehren design team resources or capabilities to deliver in accordance with the schedule presented in the RFP and we stand ready to meet that schedule if imposed. But caution should be exercised in allotting sufficient time for the "public process" and an optimum cost-benefit construction period, LMN Architects/'Lchren and Associates, Inc. Vail Confercncr Ccntcr ~ 2 Professional Fees The fees identified in the following tabulation are based on the Project Schedule as presented in the RFP. The individual amounts shown for Alternates One, Two and Three are only the amounts additional to a cumulatively running total as directed in Section IILC of the RFP. The amounts shown for Alternates Four and Five are the total fees related to each as stand alone options as directed in Section I II.D of the RFP. The fee calculations shown in the tabulation are 1) the product of extensive experience with the project type in various locations across the country, 2) adjusted as necessary to reflect the conditions of the Vail location, and 3) competitive within the design profession and the conference centel• industr~•. Naturally, certain assumptions were made that lack the benefit of detailed discussion with the owner of 9ualitative goals and expectations for the Vail project. ~Ve. arc available to discuss the proposal to make certain that the fees proposed are mutually consistent with all assumptions and expectations. TOWN OF VAIL CONFERENCE CENTER DESCRII7ION ARCHITECTURAL STRUCTURAL MECHANICACI OTHER TOTAL COMMENTS - ELECTRICAL CONSULTANT'S A'umbers r fer co notes on J the fallon•ing pnge Design and\or Engineering Fees blaster Planning & Programming Schematic Design l~csign Ucvelopmcnt Constuction Documents Bidding & Negotiation Contract Administration Subtotal Fees -Conference Center Only Additional Fees for Alternate One t25 Parking Spaces Additional Fees for Alternate Two 200 Parking Spaces Additional Fecs for Alternate Three 400 Parking Spaces Additional Fees for Alternate Four Five Bus Drop-C>ff S Transit Center Additional Fees For Alternate Five Road Template Reimbursable Expenses - Conf Ctr Only Reproduction & Printing Costs Postage, Shipping S Long Uistance Telephone Airfare, Hotel, Meals, and 17thcr Travel Costs Reimbursable Contingency SubtotalRcimbursahle Expenses Total of Fccs & Reimbursable Expenses LMN Architects/Zchren and Associates, loc. 50,000 12,000 - 8,000 70,000 235,500 48,000 54,000 88,425 423,925 256,200 57,600 64,800 106,110 514,710 667,800 134,400 151,200 247,590 1,200,990 47,700 9,600 10,800 17,685 55,785 349,800 70,400 79,200 129,690 629,090 1,b40,000 332,000 360,000 597,500 2,929,500 4 18,000 60,000 12,000 36,000 126,000 2, 3, 5 8,000 20,000 6,000 16,000 50,000 ?, 3, S 40,000 80,000 12,000 43,500 175,500 2, 3, 5 33,250 8,500 3,000 10,000 - ],640,000 332,000 2,500 360,000 35,000 79,750 25,000 37,500 6 76,000 24,000 75,000 40,000 215,000 7 r 597,500 3,144;500 S Vail Conference Center i 3 Notes to Fee Tabulation 1. Included for other consultants are fees for the disciplines listed below. Our experience suggests that these disciplines are likely participants in the Vail project, but final determination will depend upon consultation with the owner and the demands of the project as inspired by the evolving solution. ' • Civil • Landscape • Traffic/Parking* • Cost Estimating/Reconciliation • Interior Design • Lighting • Vertical Transportation • Graphics/Signagc • Food Service • Cude Review • Security • Communications • Acoustics/A-V `Conference Center issues seperate from Alternates 2. Fees proposed for Alternate One represent the total amounts required for that work. Fees proposed for Alternate Two are additional to those of One;, and those for Alternate Tvti~o are additional to those of a combined total of One and Tvvo. 3. Fees for Alternate One, T~vo, and Three include only work on existing garage conditions as impacted by interface of the expansion to the existing garage. 5. Fees proposed for .Alternates One, Two, and Three include modest M-E design activity (lighting, drainage, etc.) but no design activity for mechanical ventilation of the garage. It is assumed that natural ventilation of the expanded garage will continue to be satisfactory. 6. lees proposed for Alternate Five are almost entirely driven by civil engineering requirements with only minimal coordinating activity included fur architect led project leadership. 7. Reimbursable expenses are shown as project totals only with nu breakdown by discipline. For planning purposes, they can be thought of as evenly distributed throughout the design duration with only a minor amount allocated to the construction period. 8. Per the template provided, this total does not include Fees for ,4lternates 1 through 5. _4._ The_fee_ tabulation includes no amounts for formally _____ _________ __ ____ documented sustainable design activity (LEED certification). The processing and documentation costs to the design team depend upon the sustainability goals adopted by the client. LMIV-Zehren experience suggests that design team fees fur LEED participation can range from .2% of construction value (for entry level LEED certification) upward incrementally through Silver and Gold certification to a maximum of .5% for a goal of Platinum recognition. Assuming a construction value on the order of $ 30 million, the above percentages yield dollar amounts from 560,000 to ~ 150,000. I Lb1N Architects/Lchren and Associates, [nc. Vail Conference Center ~ 4 Design Documents by Phase In the following pages the work-product/drawing list for a comparable conference center project completed recently is prescntcd. The project selected is the Wildwoods Resort Conference/Convention Centerin Wildwoods, New Jersey v,•hich is generally relevant in program, size, and cost to the work anticipated at Vail. Information is prescntcd for each of the main phases of design activity: ,~. Concept Design, B. Schematic Design (SD), C. Design Development (DD), and D. Construction Documents (CD). Different project jurisdictions will have differing requirements for the timing of submittals for agency reviews and approvals. Within the SD, DD, and CD sequence of work-products, it is recognized that all agency review requirements for the Vail Conference Center project will occur as dictated b;• the applicable agencies. We have generally matched the drawing lists with representative photos of drawings and models From other projects consistent with the given phase of work. Recognizing that the final proof of the effectiveness of the foregoing work-product lists is the realisation of successful finished projects, w•c have taken the liberty to include. a final section (E. The Completed Project) which includes photos of completed relevant projects which creatively met the full range of specific project expectations. Lh1N Architects/'Lchren and ,4esociatcs, Inc. Vail Conlcrencc Ccntcr ! S A. Concept Design Documents The work-product list for this phase is generally limited to presentation materials which convey the overall concept intent as represented by relationship diagrams, floor plan layout, site/building configuration, and three dimensional massing of the project. Drawings in this phase are rendered for presentation purposes and supplemented with character sketches and model studies. Architectural Drawing List Al Overall Site Plan A2 First Floor Plan Overall A3 biczzanine Floor Plan Overall ELEVATIONS & SECTIONS A4 East and Nest Elevation Massing Studies AS North and South Elevation A4assing Studies .~ S~~ ~ . - .. - .. . PI1CffC I ?`: _:~ AVE SERVICED ~ , toeeY ~'- ENTRY ~ ~. v~ ~= i ~ I~~---~t••-• ~ _ •---- ~~-_-~__-__ PEDESTRIAN -~~_~'-~-~ PARKING sTMeT~T LINK - ENTRY CONCEPT DIAGRAM ~~-! Concept diagram for Eremerton Government Center, Brcmerwn, 4V.1 Concept tectinn/elevations of the Kirsup Conference Center nt Eremertun Har6orside, Bremerton, 1751 LD1N Architects/Lehrt:n and Associates, [nc. Vail Conference Center ~ 6 B. Schematic Design Documents The work-product list for this phase builds on the information developed in the Concept Phase and reflects a more refined portrayal of the scale and relationship of all project components. The materials continue to be presentation related in their need to communicate to stakeholders the schematic design objectives for the project. This stage of design includes all information necessary for submittals to Town of Vail agencies required to initiate the review/approval process. Architectural drawings in this phase are typically rendered for presentation purposes and supplemented with perspective sketches and models. Architectural Drawing List A000 Cover and Index Al Uvcrall Sitc flan A2 First Flour Plan Overall .q3 bterzaninc Floor Plan Overall A4 Roof Plan Overall ELEVATIONS & SECTIONS AS East and t4'cst L-levationa .46 North and South Elevations A7 East-West Building Sections AK North-South Building Sections Ci~•il/Structural Sl Preliminary Foundation Plan -Composite S2 Preliminan• First Float - Composiu S3 Preliminary Mezzanine -Composite S4 Preliminary Roof Plan -Composite Mechanical /Electrical a , r~~ ; y f ~ ~ :~ ~.~ r .,-uts '~ ~ ~ ~~' ~ ~ ,:;~ a~ tip, - ~_ Model for Schemaut Desiga oJthe Kiuap Coaferrnre Center a[ Bremerton Harlwrside, Bremerton, WA Sne Plan for Schematic Design of the Kiuap Conference Center tit Bremerznn liarbnrside, Bremerton, WA h11 First Floor -One Line Diagrams M2_ tbtezranine Floor -One line Diagrams ~???~ . , _. -- - ~~ - El First Floor - Onc Linc Diagrams _ -`~~ _ _ E2 Mezzanine Floor - Onc Line Diagrams - ' ~~-~ _ _ - _ ~ ~; r ~. , a - .---'-~ :.r•`- ,~'~ - i `ti Rendering for Schematic Design of the Kiuap Conference Center at Bremerton ~ Harborside, Bremerton, W'A Lb1N Architecu/-Lehren and Associatt•s, Inc. Vail Conference Center ~ 7 ~ ~ ~_J.-- _...r C. Design Development Documents The ~~•ork-products list in this phase consists of both presentation materials to com•ey the fully resolved design of the project and preliminary technical drawings on which can be based the eventual preparation of documents required for the actual construction of .the project. Preliminary drawings related to engineering disciplines arc prepared and increasingly incorporate more detail to the documents as the phase progresses. This stage of drawing production typically provides materials for code analyses and preliminary building department/permit review. Site development, building heights/lot coverage/•roning envelope viev<' cooraidor diagrams and similar information are included on various drawings in this phase to initiate final agency reviews. Selected architectural drawings in this phase are rendered for presentation purposes and the entire package is supplemented with outline specification documents. Architectural Drawing List A000 Cover and Index AIUI Overall Site Ylan .4121 first Floor flan Overall A122 Mezzanine Floor Plan Overall .4123 Roof Plan Overall ELEVATIONS Nc SECTIONS A301 East and 1Vest Elevations A302 North and South Elevations .4.304 East-West Buihlinb+ Sections A305 North-South Auilding Sections INTERIOR ELEVATIONS A501 Ballroom, Ballroom Lobby, Mectin~ Rooms .4502 Exhibit Hxll Lobby A503 Exhibit Ilall A550 Stainless Steel Fin Plans & Elevations WALL SECl'IONS .4601 1Va11 Sections Ci Retail, Ballroom Lobby, Ballroom A602 Wall Sections L Exhibit Hall, Deck .4604 bVall Sections L Exhibit Hall South Wall, Lobby, Aoardwalk Extension A605 Wall Sections C Ballroom Lobby, Administration, Main Entry REFLECTED CEILING PLANS A701 First Floor RCl' -Overall .4702 Mezzanine RCP -Overall Civil /Structural CIVIL 0110 Sitc flan !Submitted under separate cover) STRUCTURAL. 5103 Exhibition HaII Loading 5200 Foundation Plan • Composite . "Li ' ~ ~. ~..:. l ti:. ~> ~-.. j3 _ ~ 5: ~.=.».r. ~.a~u.,.sr, .....u.., LMN Architcctg/"Lchren and Associates, loc. ~ Vail Conference Center j 8 Rcndcrmgsfor Design Da~elopmenr of the I nil Plaza Hotel, VaJ, CO -, ,11ode1 of [he lobby of [he Bann Rouge Riverside Cen[roplex E.tpansion, Baran Rouge, LA Mechanical /Electrical MECHANICAL M001 Mechanical Cover Sheet M121 Overall Firs[ Floor Ylan M122Overall i\lezzanine Fluor Ylan h4123 Overall Roof Plan M2il Ballroom ]vtechanical Roam -North M242Ballroom Mechanical Room -South M243North Exhibit Hall Mechanical Room -West M 244North Exhibit Hall Mechanical Room -East M245South Exhibit Hall Mechanical Room -West b1246South Exhibit Hall Mechanical Room -East ~M247Central Hnt and Chilled Water Plan[ M301 Water Flow Diagram M302Air Flow Diagram L•LECTRICAL E001 Electrical Cover Shcel E100 Single Line Diagram Overall First Floor EZUO Overall Floor Plan -Power E210 Overall Mezzanine Ylan -Power E231 RoofYlan -Power E241 Ballroom Mechanical Room -Power E242 North Exhibit Flall Mechanical Room -Power E243 South Exhibit Hall Mechanical Ruom -F'ower E244 Central Hot and Chilled Water Plant -Power E310 Overall Floor Ylan -Lighting E320 Overall Mezzanine Floor Plan-Lighting Fire Protection /Plumbing FIRE PROTECTION FY-120 Fire Protection -First Floor FP-242 Fire Protection -North and South Meuanine FA-241 Fire Alarm -Exhibit Hall Ceiling F,4-242 Fire Alarm - Nnrth and South Mezzanines FA-243 Fire Alarm -West Mezzanines PLUMBING 1'200 Overall Foundation Ylan Plumbing P210 Overall Floor Plan Plumbing P220 Mezzanine Floor Plan Plumbing _ _I?301_ Sanitary Riser Diagram _ __ __ __ Y303 Storm Water Riser Diagram P304 Domestic Water & Gas Riser Diagram ' Lb1N Architects/--Lchrcn and Associates, lne. Vail Con fercnec Center j 9 • D. Construction Documents ____ The work-product list in this phase consists of all of the ,_. documents on which general and sub contractors base their ' - _ ,~? . ~ -`• -- . r fi nal bids and from H'hich the project is actually constructed. -:-- ; ~ - _ • , _~. --_~•-___, There are essentially no presentation materials in this phase - _~ - T `, ~~ - . '~ -__ " as all documents are technical in nature to fully describe `~'" • ~~ ~~ - ~ - ` ~_°- __ - ~- ~ manufacturer and supplier detail for all construction r °' -•-••-• •~ ~ ~+T----~~,:w~ assemblies and building systems. It is these documents ,: _ , ~ `,~ ' `""` - ' ~ " "" that are used as necessary to insure compliance 'with all I , - design and technical intent for the project. Drawings -4 >=: , ~ _ . 1. .-;:~ ,,~ °°°" in this phase are supplemented with detail specification ~•,`~m / ,.;. ' ~~------•~-- documents. Information regarding traffic, access, site ~~ ' '~;; ~'.~ ~, '--^-- drainage/dewatcring and similar agency rcyuirements is ; . ~ ~ ~"'~x`~ included to facilitate. government permitting, ,_.._. ~`+ ..._ _ _ ' I ~,~. " Architectural Drawing List ..u ,~ ,:;~, ~ ~ e-•„, A000 Cover and Index (y. suuu sa~o~ - w,o sell ntsr navicnv~ oleo A001 S~ mbuls and ALbreviations Construction documrnufrom Salem Conference Center, Salem, OR A002 Overall Lifr Safety Plan A101 Overall Sitc Plan A121 First Floor flan Overall ,;~ ;~ ~ v A122 ctitezzanine Flour Plan Overall •- -- - - A123 RnofPlanOverall "" '--- '~'' ,. , ---~ ~- PLANS --- -^x - ' } A211 Firs[FloorPlan-Sectorl A212 First Floor Plan -Sector 2 S ~~~ ~ -~--~~- ~'~ '' ~ ~°- '""""~ - ""' '``'` A213 First Floor flan -Sector 3 A214 first Floor Plan -Sector 4 is z„ E23• '~ ^i ' '~ f . _-______._____, A215 First Floor Plan -Sector 5 •'-T~', ' ~~ 'F'-..~ ITT A2] 6 First Floor Ylan -Sector 6 - ~ ! I - ~~- ='' ~ - ~ :1 °" •° j A221 Mezzanine Plan - Sector 1 J ~-'' ; i -~' F .4222 Mezzanine Plan -Sector 2 ~ ? - ~` ~ ,ii-e~ .«... A223 Mr~zanine Plan - Srcmr 3 ---- -- - -- .. ,: J . ... .. .,. '' "` A224 Menanine Ylan - Scctor4 _ ~ +~ ---... __ A225 _Mezzamnc Plan - Scccor 5 - ___ __- _ _~ ___ I''r _ _ axe :. (w --- Y +--^--- A226 Mezzanine k'lan -Sector 6 - .` A231 Roof Plan -Sector 1 _... - = = - = - ~~ ' ~ .< A232 Rcx,f Plan -Sector 2 ' - - - - ,; i - A233 Ronf Ylan -Sector 3 ~J ~~ _ ..._ ., A234 Roof Ylan - Sector 4 -----------~- ---~' A235 Roof Plan - Sector S .. ------ - --- A 2 36 Roof Plan -Sector 6 ~ "'' i^ ELEVATIONS & SECTIONS A3(11 East and w'cst Elevations A302 North and South Elevations ;i;,":;E,LA01- 60"""` „~ A303 Partial AuildinK Elevations '"°` "'^-- ---- - - ----- Cons ruction ocumcntc rnm Sn em Cnn rrenec Cenmr, Salem, OR , .4303.5 Precast Panel DcsiQnatiuns - Ruildin~ Elevations A304 East-West Building Sections A305 North-South Building Sections ENLARGED PLANS A401 Enlarged Plans-Toilets Lb1N Architects/"Lehren and Associates, loc. Vail Confercncr Center i 10 A402 [nlaroed Plans and L-levations -Toilets .4403 Enlarged Plan -Ticket Office/Information A404 (NIC, FOR REF ONLY) Enlarged Telescopic Seating Plan .4410 Enlarged Stair Plans & Elevations INTERIOR ELEVATIONS .4501 Aallroom, Aallroom Lobl>y, htceting Rooms A502 Exhibit Hall Lobby .4503 Exhihit Hall A550 Stainless Stccl Fin Plans & Elevations WALL SECTIONS A601 Wall Sections ~ Retail, Aallroom Lohb}•, Ballroom A602 Wall Sections C Exhihit Hall, Deck A603 Wall Sections G Truck Yard, 8xhibit llall North Wall A604 Wall Sections Ct Exhihit Hall South Wall, Lobby, Boardwalk Extension A605 Wall Sections C Ballroom Lobby, Administration, Main Entry A606 Wall Sections (a), Tower, South Lobb}' Fin A607 Wall Sections ((a» 7-ruck Yard Storage, Exhihit 1-fall East Nall, South/ East Deck .A60R Wall Sections L North Wall L Truck Ramp .4609 Wall Section ~ Coiling Door, North Mech D4ezz A610 Wall Sections ~ Ballroom Mezzanine .4611 Wall Sections (a3 blisc ENLARGED ELEVATIONS A650 Enlarged Elevations A651 Enlarged Elevations A652 Enlarged Elevations REFLECTED CEILING PLANS A701 First Floor RCP -Overall A702 Mezzanine RCP -Overall 5203 Foundation Plan -Sector 3 S204 foundation Plan -Sector 4 5205 Foundation Plan -Sector S $206 Foundation Plan -Sector 6 $210 First Floor -Composite S211 First Floor -Sector 1 5212 ~ First Floor -Sector 2 5213 First Floor -Sector 3 5214 First Floor -Sector 4 5215 First Floor -Sector 5 5216 First Floor -Sector 6 5220 Mechanical Mezzanine -Composite 5221 Mechanical lsfez?anine -Sector 1 S222 Mechanical Menanine -Sector 2 5223 Mechanical Mezzanine -Sector 3 5224 Mechanical Mcuanine -Sector 4 5225 bechanical Mezzanine -Sector 5 5226 Mechanical Mezzanine -Sector 6 5230 Roof Plan • Composite 5231 Roof flan -Sector I 5232 Roof Plan -Sector 2 5233 Roof Plan -Sector 3 5234 Roof Plan -Sector 4 5235 Roof Plan -Sector 5 5236 Roof Plan -Sector 6 Alechanical /Electrical MECHANICAL All 1 First Floor RCP -Sector 1 M001 Mechanical Cover Sheet A712 First Floor kCP - Scetor 2 M121 Overall First Floor Plan A713 First Floor RCP -Sector 3 X1122 Overall Mezzanine Floor Plan A714 First Floor RCP -Sector 4 M l23 Overall Roof Plan A715 First Floor RCP -Sector 5 A1211 First Floor Ylan Sec[or 1 HVAC A716 First Floor RCP • Sector 6 M212 First Floor Plan Scetor 2 H VAC M213 First Floor flan Sector 3 H VAC SPECIAL. CONSTRUCTION M215 First Floor Plan Sector 5 H VAC AROI (NIC, FOR REF ONLY) Operable. Wall Plans & Elevations M216 First Floor Ylan Sector 6 H VAC A811 Architectural Concrete -Scetor 1 M224 \lenanine Plan Sector 4 HVAC _AR12 Architectural Concrete -Sector 2 _ _M241__ __Flallroom Mechanical Room -North ____ AR13 Architectural Concrete -Sector 3 M242 Ballroom Mechanical Room -South AR14 Architectural Concrete -Scetor 4 M243 'North Exhibit Hall Mechanical Room -West A815 Architectural Concrete -Sector 5 M244 North Exhihit Hall Mechanical Room -Last A816 Architectural Concrete -Sector 6 M245 South Exhibit Hall Mechanical Room -West AR 17 Architcetural Concrete Enlargements - Ylans & Sections M246 South Exhibit Hall Mechanical Room -East M247 Central Hot and Chilled Water Plant M251 first Floor flan Sector 1 Piping Civil /Structural M252 First Floor Plan Sector 2 Piping M253 First Floor Plan Sector 3 Piping CiVII. M254 First Floor flan Sector 4 Piping C110 Sitr Plan (Submitted under separate corer) M255 First Floor Ylan Sector 5 Piping M256 First Floor Plan Sector 6 Piping STRUCTURAL M301 Water Flow Diagram SI01 General Notes, Abbreviations & Drawing List M302 Air Flow Diagram 5102 Drawing Symbols & LuaJ Maps M401 Devils 5103 Exhibition Hall Loading M402 Details (~ M403 Details 5200 Foundation Plan -Composite M501 Schedules 5201 Foundation Plan -Sector 1 5202 Foundation Plan -Sector 2 LMN Architects/-Gchren and Associates, lne. Vail Conference Center j ! 1 [LECTRICAL E001 Electrical Cos•e•r She•rt E101 Single Line lliagram Sheet 1 E102 Single Line Diagram Sheet2 E103 Single Linc Diagram Sbcet 3 E104 Single Line Diagram Sheet 4 E10S Single Linc Diagram Shcct 5 F.106 Single Line Diagram Sheet 6 E2] 1 First Floor Plan Sector 1 -Power E212 First Floor Plan Sector 2 -Power E213 First Floor Plan Sector 3 -Power E214 First Floor flan Sector 4 -Power E215 First Floor Plan Sector 5 -Power E216 First Floor Plan Sector 6 -Power E231 Roof Plan -Power E241 Ballroom Mechanical Room -Power E242 North Exhibit Hall Mechanical Room -Power E243 South Exhibit Hall Mechanical Room -Power E244 Central Hot and Chilled Water Plant -Power E311 First Floor Plan Sector 1 -Lighting E312 First Floor Plan Sectnr 2 -Lighting E313 First Floor Ylan Sector 3 -Lighting E314 First Floor flan Sector 4 -Lighting E315 First Floor Plan Sector 5 -Lighting E316 First Floor Plan Sector 6 -Lighting E321 Mrr.•zaninc Sectors 1, 2, 5 R 6 -Lighting E322 Mezzanine Sector 3 -Lighting E501 Electrical Schedules E601 Ground Grid and Lightning Protection Fire Protection /Plumbing P215 First Floor Plan Sector 5 Plumbing P216 First Flour Plan Sector 61'lumhing P221 Mezzanine Floor Plan Sector 1 Plumbing P222 Adenanine Floor Plan Sector 2 Plumbing P223 hiczzanine Floor Plan Sector 3 Plumbitg P22S hezzanine Floor Plan Sector 5 Plumbing P22ti Mezzanine Floor Plan Sector 6 Plumbing P301 Sanitary Riser Diagram - Ss~•stem 1 P302 Sanitary Riser lliagram - Ssystrm 2 P303 Storm Water Riser Diagram - St•stems 1, 2, 8 3 P304 Domestic Water & Gas Riser Diagram 1'401 -toilet Room Enlarged Plans,- Sanitary & Vent P402 Toilet koum Enlarged Plans -Domestic Water P403 Kitchen Enlarged Plans P404 Concession & typical Retail Enlarged Plana P405 Serviec Corridor Enlarged Plans P501 Schedules P601 Detail FIRE PROTECTION FP-001 Fire Protection Symbols And Abbreviations FP-120 Fire Protection -First Floor FP-242 Fire Protection -North and South Mezzanine FP-243 Fire Protection -West Mezzanine FP-401 Fire Protection -Truss Details FP-402 Firc Protection -Riser llctails FP-403 Fire Protection -Exhibit Hall -Ceiling Plan I'A-001 Pier Alarm Symbols and Ahhreviatiuns F.A-211 Fire Alarm -First Floor -Partial Plan -Sector 1 FA-2t 2 Fire .Alarm -First Floor -Partial Plan -Sector 2 --------FA=313 Fire-Alarm~- First-Floor--Partial-Plaa--Sector-3- - - FA-214 Fire Alarm -First Flour -Partial Plan -Sector 4 FA-215 Firc Alarm -First Floor -Partial Plan -Sector 5 FA-216 Fire Alarm -First Floor -Partial Flan -Sector 6 FA-241 f-ire Alarm -Exhibit Hall Ceiling FA-242 Fire Alarm -North and South Mezzanines FA-243 Fire .Alarm -West 1\dezzanines i'LUMBING P001 Symbols, Abbrn iations 8 Drawing Schedule P201 Foundation Plan Sector 1 Plumbing ' Y202 Foundation Ylan Sector 2 Plumbing P203 Foundation Plan Sector 3 Plumbing P204 Foundation Plan Sector 4 Plumbing 1'205 Foundation flan Sectnr 5 Plumbing Y206 Foundation Plan Sector 6 Plumbing ~' P217 First Floor Plan Sectnr 1 ~ P212 First Floor Plan Sector 2 Plumbing • Y213 First Floor Plan Sector 3 Plumbing P214 First Floor Plan Sector 4 Plumbing Lh1N Architects/"Lehre:n and Associates, Inc. Vail Conference Center ~ 12 E. The Completed Project VVe take the liberty here to present photos of completed projects which bear testimony to the comprehensiveness of the materials and process represented in A through D on the previous pages. In the final analysis, the success of any project is largely due to the thoroughness of the preparatory and final work of the sequential design services phases, as it is that work which sets the standard of delivery expectation demanded of the construction contractor. The Lodge ae {nil, {'ail, CO LMN Architects/Zchren~and Associates, Inc. ~ Vail Conference Center ~ 13 The Lwlge ac ('ail, Vail, CO Sau[h Toirne Esposition Ccntcr, Sandy, UT ~;::.~s- Arrowhead Alpine Cluh, .lnorvhead, CO LMN Architects/Lchren and Associates, Inc Vail Conference Center ~ 14 Reno-Sparks Convmuun Curter Expansion, Rmo, NV WildwnMfs Convention Center, W7ldwoods, Nf Instructions Town of Vail Conference Center Design Team Fee Reimbursables Worksheet Instructions Instructions for Using the Fee ~ Reimbursables Worksheet 1. All fees and reimbursables should be extrapolated through the end of the job as it is currently envisioned. 2. The owner acknowledges the fees may not split cleanly into the six phases of work requested on this worksheet. Please do your best to anticipate the level of effort and fees required at each stage and allocate the funds accordingly. 3. Reproduction costs will be challenging to accurately anticipate. Assume the printing as required for all your downstream consultants, as well as four copies of each document your firm will typically send the owner as part of your analysis. 4. All other reimbursables will require similar projection methods (e.g. number of out-of-town meetings, number of flights, number of hotel nights, meals, etc.) 5. Obviously, the formulas inserted are for your convenience; please check the fees and reimbursables shown for your firm for accuracy. 07 JUL 04 ©2004 All rights reserved by FINAL ToV - Conf Ctr DT Fee Worksheet Page 1 of 1 Architectural Resource Consultants, Ir1C. Base + Alternates ~ Architectural and Engineering Fee + Reimbursable Worksheet oe JUL 04 Town of Vail -Conference Center Commonts NumSers - Doscrlptlon . ArchlbcWral _ 9trudural Mechanical Eledrlui Not Uaod OIMr CProulhnla Total refer to attacfad holes. p 1 ndlor Enalneerlm Fees . i Maslmplaminp a Prwr.~nnmq i so,ao5 uo55 e,ooo 7o,aoo san.m.ua oealon zle,sw 16.005 sa,oco 5e,1z5 aze,ezs o.ypn o.~.lapnam 280.200 57,800 51,800 708,110 511,710 Cyyycyy,p~~V 587,800 13/,100 151,2710 217,590 1,2W,pp0 eiddrp a NepoUetlan 17.7(10 9.800 10.800 17,855 55,7e5 Gar,rrecl AdrNNw.Uan 91p,6W 70.100 79.200 f20,e90 e29.090 8 •ht LI F a- Conhnn a Center Onlv 1,810,000 331,000 780,000 697,600 2,928,800 4 Dace -~F--fa•Nb-r-! dro!125 Pay c 15,000 50,000 1Y,000 30,000 725,000 2,3,6 / ~-! Faea M Ntemate Two ~ 200 PeraMO Soaeo 5.000 20,000 - 8.000 18.000 50.000 2, 3, 5 ~...I F for At L TMee~-10D Preld Seeeea 10,OOD 80,000 12,000 13,500 175,SOD 2, 3, 5 for Aterrd-'-•- F .. Fl ~ naa-ort 8 Transit caner 33,250 0.800 3.000 35.000 'N,750 +---! Feea for Ntrrula R I • Road Tendale ___ 70.000 2,500 28.000 37,500 8 ...bME -COM Gtr OnM i 75.000 ~ aepramauan 5 Pdntlnp coal. Poeteps, SiNppaq 8 Lang Gsunaa TMaphae 21'~ Nrlre, Hdei. Meda, end otlrr Travel Costa 75.000 • 10000 fiebnbutede Cantlnpsrcy S a z' M...t+' F.een a 275,000 7 7 tai of Fasa 6 RNmbu able Eveen~en 1,610,000 332,000 380,000 697,600 3,111,500 8 1. troludad far olhr cataWlmts era fees fR i NsWpUms Uated Mbw. Our espManu auppn4 UW Uww dledptlras ors Otafy pWCiprds dt Ur Vail prejacL but krW delrrttlnaUOn wUl dsprd Won consJbtlm vAM tla atwlar arvl Ilro dsmW e d GNI LaMacapa Traaa/PSrklrrp• i Coal Eaumounynn.caranauan mlrl« oenlpn Llphurp j vruae rraowarl.tlan ' GraphlcaBlpnps ~ Food SsrNCe Cods Review i 6aually Camrrwtleatlana I ' NausUCSIA-V , •Cardemee Cenlr faauea sepsrae ken Ntrneln 2. Fen proposed In NhrMb Ohs reRewa tla Udal anauus raq,drad far tlel vaAt. Fen prapond far Nlrrob Two ero eddtlarW b Vvne d Orr; rd Uar for Nixrate Two era WdlUOrud to Nns d a aanbbrod UNaI d Orr W Tvo. 3. Fne fr Nlemab QM Two, and Ttan baArds ady work an edstlnp pareps cmdtlons n InpaaUtd by Werfau d tlr aspnsbn a tlM W sllrp preps. 1. TM /n labttlatlan haluMS ro arrlannta far frmallY dxwwded waWnaMe deslpn eeUNry (LEED ertleeetian). Ths proesaakq rid doeumanbtlan costs ro Ua dasilpl teem depend upm tle austalnadury paste adapted try the cUenL LMN-Zarven 5. Feu propwed far NWre1n One. Two, ersl Ttree haUaL natal M{ tledpn eetlviry (BphUnp, dreinape, sa.j bat no deelpn eetlNry /ar rrreharieel ventllatlon d tlw prapo. II le asaumM Uel rowrd vanU4tlon d Ur eapandd grape wN contlrva e. Fen prapond b Ntamab Flw an okra I entlrNY driven by cMl enplnsedrq reQtlrsmaHe w11n adY mWnW caardlruUa9 acUNry kaluded fR araklleal lad prof«llaedrWp. 7. RMmGaude eapenaea an etawn n prof i 1 toW a oNy dN ro brrkdavn by dlselplkr. Far plaMnp puryoaeR 5rY can M Oauphl d -aa evWY dlaWbuW Uaouplaut tlr deagn dwatlan vAN artlY o Mnor amwml allocated b Ua conabuctlan pr B. P'ar Na Wnplab RoNdM, We baY dws not krAude Ina fr Nlematn 1 Uvaph 8. F.s. t d t ~ ~...... e,,.. o~..., r.:' ~4 ~ P--~ sue. ~~,'''"' CONTENTS I. OVERVIEW OF THE PROJECT I1. OVERVIEW OF THE FIRM III. SPECIFIC IN-HOUSE PERSONNEL IV. REQUIRED DESIGN SERVICES V. QUALITY CONTROL & THE DESIGN PROCESS VI. TECHNOLOGY VII. TOWN OF VAIL STANDARD LANGUAGE June 2004 ' THOMPSON, VEN'fULETT, STAINBACK & ASSOCIATES 2700 Promenade Two 1230 Peachtree Street, Atlanta, GA 30309 t 404.888.6600 f 404.888.6700 www.tvsa.com OVERVIEW OF THE PROJECT OVERVIEW OF THE ?ROJECT OVERVIEW OF THE PROJECT Thompson. Ventulett, Stainback & Associates, Inc. and VAg, Lie. have joined together as associated architects to submit this response to the Town of Vail's Request for Qualifications for Design Services for a new Conference Center. We believe that this team combines rivo strengths that are essential to the successful completion of a conference facility that will meet the needs of the Town and its ~~isitors. The information that follows in the body of this RFQ response will outline TVS' extensive experience with conference and meeting facilities across the US in a wide variety of sues and locations. This experience, along with our ongoing involvement with the industry via association memberships ar~d regular contact with clients makes us uniquely aware of the key issues that such a project raises. One of the most important lessons we have learned in our thirtyplus years of conference and meeting facility work is that the public takes great interest in the development of their design. Ultimately they are the Owners of the project and must be included in the process for the project to be successful. In cities ranging from Washington, DC, to Raleigh. NC, to McAllen. TX, TVS has guided projects through extensive public input meetings, weaving through often conflicting viewpoints, to arrive at solutions that all the parties feel they helped create. , Projects .like this one frequently have complex relationships with other adjacent facilities. The inclusion of parking and transit facilities is not an unusual circumstance. In our Washington Convention Center project, for example, we were faced with constructing a convention center with fifty foot deep excavation ne>,rt to an active subway line. In our design for the new McCormick Place West building. we were asked to provide what amounts to a bus station within the building footprint. Managing the complex relationships of spaces. systems, and organizations is something~ve have learned to do well. VAg brings an essential ingredient to our team, their location in the Vail Valley. We chose to ----- -" ---associate with g because we believe they are the sti•orrgesi film in fhe area. Their extensive experience, and excellent record on Trnvn of Vail projects along with their outstanding design talent is an great match with TVS• experience with the building type and process. We trust that the information which follows wilt answer alt the issues requested in the RFQ document. tVS OVERVIEW OF THE FIRM ... Fem.: "~ ~. - .P .~ Qacu m~ertt ~43~ zM ^ ~ ~~3. i4rc~it~ect.`s: t~ual~fcation Sfa#err~enf DATE: fi(1.~I~~'.N:l Sl1BMiTTEC] T4 hfr; Mark Guff Arehitectural:kesottrcc C=ansuJtant~; la~< . AdDR~SS: ~1{l r~ra~~hoe::~~entte, 5uite'~LCF;13otlJder; (,'o1Cra~o 8U3U3 NANIEOf PRQJ!^CT ttf ~pplrcalclilel.: 't'own of Vail Vew {;onference tetater' 1 BASF INFORM~iTfUtJ §:1.1 Acchiteci: (l~'ir'yt3 dG'i7»rc~;~ '1'horr3p,on; l~entulett; Sfainliaek r~. kssctciates,,lim:: ~'.~.21:3t3sines~ :hddreSS 27Dt) ~'trsttle~taciz `rc3~o. i2'3tl,Peachtnee`5irct~t,1L>Atlanta, Creor~ia 3{}3t}J §..13 Telephone :~umter;. ~ St3R.66©i)' id'1''i'rson ta.~:nntact 4i5'I'yp~ of t7i•~ani~atarv ,lt:lrei~k. Uiie~ Q` lEZditi~idiial~er5oiel?'roprictorsfii~: Q .1'~rgaat3l~,ip. 1~3`t7`L1.S14.3E`;311 ~i1CfIf3T.1tIl1U~~lKflt`l:illilp ~ iU1Ttt trctlilEl~~ ~:Q~~r~t~~t~ o E)tlicc~' "fix YortzC V ensure for Uthet• gn~e ilztailS 2: C3ElJERi4L STATE141EA1~` bF QUALIFICATIONS: T'leatic rt:l~ iCr tittHelt::t~ cEtj~~33etrc;nt: 3 GENERAILINI`ORMATION f 7'Isi + irilu r ~riittirlla rFCay iie ~irut ir.~r~tl 3 ra rhrt,`Arr ttal~r. t ~ hi`f~rhi.~r'!?, t%fi.tch: ntRy Fin itxt2ctt[~d-~tPd rrsted.: zlt Ar~t~:c2N b j g 3.1 N~3ii3cti c3[' Princ ~Ta,~lti; C.`~,a;l~tktat~.;C}i'ItcctiJi7tn:~:tiir~:- Rcsi*crT ~~4iiit~cfi.virandet',TAI~" Ray C!~,I-rnitc~r, IfI, F:~~IA ("` ~nclri.vC~ Tvtci.c.,;tn. ~:Ai,~` Pftftl;tl)fll ltl Chi&r'iri ~licli.3;1 Ti F%lf A;T~t § 3;2 T?rtift~,ti~riifrial CiiytiT}i . P1cavc retcr•1cs;3tlathul tt~ic~ument• . . -. AIA Dccumen_ t Et4St T't -1983. Copytlght ~ t 9Fi3, t982 and t.ug a b~-3h@ ArnsnsAn'Intt~hitA ~f hrrhr ac-F Aq rtgtits rasPrveil.. Vdfi~rilt~G: Tliil~'At~1X [?ira67m rfil os, li[Rlri 1~di~y tl S,. C~3,yr~ltl L7W ~ndlnfern~figiiat Treaj[e~ LinRA411l70[l~~EGd ~~prflsit~Ml48 @r [lj 3iC7bliS~4r1 gr_thl$ A11~~~Doa:u[tieni;.or.~eny', pattl~q Q'. E4;:ma}t r9sti97 to sevEre ~lylt aril critrrinaf PenatYies; and vtell,8e pros~r.;iit~~3 10 }lyc~ gY,,,a.utat;ir3 r x{e:ci: t,p °:19air~ rFniit.l LFiu'l:aVt; Iillu .UutlvlY7vul tt~ss,FtodR,i^~d:.~y AlA-so t~v_Sr~i A6.14:2t7;2U tiitSS OG:'1G:20A! und9r ~CdAi ?45.t WUQBfs~93 1 ~iA~i~h axFiras yin b"xi",±I;4Lt, and i2:nuf inr.rnsale. tl6erNatesE ~ .. - (d~a7T37U"r0§3' 1 § 3.31te~ititr'aticm:5tiitius. :atititi~e § 3;4:1'riifessionaf :~ft~.liations:_ PI*lea;e ~fei=ty atfaclted docuiiienfL §: 3.5: Key:Yei~oiiiiel !?lease rzf'e`to afCaclzed ~rl~ciucnt: §'3.fi Tutal,Niai~tei•:ii€ Sfa[P" ~(J=1 3:T hniiihzr or' Rcgsl~:ri:~1 ~Arclitc:tr, ; G? §:3.$;Hi7tcrs iirtil .~N';xr~~.~. Pleas~~iefe%'to attached iici~,uitieii[: § 3,9 Pi'ale~stal flidC'tar~ Frial~,ctycirt: I'le~se refer to:iittizchd cloctieiC 4, RECAT€D )sROFES510NAL'.SERUIGES' f~rt:ii~nuos~i~t corisilrc~rttr, i~ri~rpl~cci'fi(~.~?j ,~sfiirciaze tl~rclut~a;. V1~i~~`Iiie §;4a1 "~ tiictia"rl N14izh2:c!k.:lVew~ell`E~iazel~'; Iiic:: §. !~~~.I+~.tC11Al7.lCill.::. Ni=lr:lrriaineers; InC, :4,3 IIeCUicaF` 4i'=1:-Enoit3eEt5; Inc,. 4.4~Iijiei~oi•17e4igii: 'I'VE Inteiiors., ln;.. 4;5 C3El.~cs.: I'airkfnD'. C'arl' VIJalhec:li~c';` C rs il. F;.tininee~: John~i~n Ktiahel fit:' i~scaci<atec, laic: '1 ~att'IC.;, Kimle~~ Hani and ~1.ss+o..tates;.iu4 UpeatiQiu C`oiistiltaxtt, Beiclin~ark AIA Document -843 I'9` ;1993:, Copyright Q 19G3; 1 ~fl2, alto ,19£3 :by The Aimen~~n_Insdru:e ci Archiiec~s:' Ati rights reserved:. 41~tRt~[t~t©: This AI'A° a-0curiien ~~ pi otprtral liy W:s C6tyy~ig--i l.iiVr ar~d Itttiirtr ~ilati:et 1'Y+':~t[r.~. tJrf »~tFiririf~il Fipr~d~i~iion ar disV3outicc~n'Rf ~tals AIA~ Dae~merrt,.ar any ~ gar#idY1 at; lt, ma.+j ee~ult jtt s9v+are clv~l ~nd'cc11t~115a1:peYiattl9~; rifld vrUf"lie.prosecuted cd.the.maxiriium exterrD p"ossagln uri;icm i#~~.3:;arv, f ty•s doourrien; ... .~ i prcdui.:yd tijj AIA's~~ltKare rat 1d:2C~:~6 an fl6e 16:2GA~'undar:Grdor No: lC~CA8t3S43_I vrhich aXOireS on 6r~9.%2V74, and is rio"fpr ra:al~, U 9t Motes: ;. .. ,:... j40TrCT6~"~59).. 5. PROJECTS- (l'r~~c ctv fyr tis~htclt persvttned t1/•tFtis,~rryr jictcf re•vl~r~ratibd~ r.Fatir4F~ tvi~elr nawiriateri with. t7tlu~r. f+~7t4s ~~'~ i~ultct7r.~~1 ~}• ctr: ast~;rrske j. 5.1 'lhe fotto+~i~~ pty.jdc~s°~tt~e repr~:~i:tttati~ a nt il~c: •4nhi[c.cf' mt:i;nt work, r~ hr~zf deseriptian of e~h project is ausched:. . (~lea~e:rafu--ta attached-ducuntta-t~ ~ 5:2~t?tlterrei~resenlati-•-:;isrt~jccl:; wittt:t~xte:~itr~im~i~ti<tn:- ['lease refer w' attat;lied tiocunttrnt. G. REFERENGEB Aleasc::refef-ta.ttttached drx:utit.-~t. ., .. T;' STATEMENT OF POTE~M'IAL GdNFLICTS OF INTEl~EST 1'letise refer to`,attaclitd durunlcht." $, A{7aiTI0hfAL INEORMATiflN f~lfCtliacltrnetrtds.ttre:.~~r'rit~idr.~lt.li.~t.6~trirt FiarY:) ~I'lease refeetn attaclicd:tit7eutncttG ARCM[TECT ~y ..: .. .. i`tierCh>>certCfy that;'as~of~tlie:aUo~•dater;tltt'ipfocituttitirtii,--taiiitxl.irrl}ri~i i'~ri.hitc:t:4'r, Qtt:llifrc.~~itnStatement is'true ;and fiut~irient[y::comy~lete'sa.a5 not to tie:uiislca~li-t (,~iortriura}; A9ii~}iaeT TC rszelt, :?CIA, l}rlnripal 1Frii{tect'nuine °iartd.letlr'} ARCHITECT: Yl~.ase refee tn'attachecl,,doctui~ent, PROJECT: 1'le refer ta>attaciied dccunlzi3t,, Size; Lost: Uw'ner. U}c~nLr Gantau:. AIA•t)ocutneni B4siTM^ - i993. Copyrtgh thM;Sjfn~ Rt{ r: tiro ro~~'~:hy tJ S.'Copyiigl Fo?thin at Et map Iseult In sewer q'civll;~ ass pradueeq b/ AIA s~ft~~ars at t4.2~:2G User Na1e~: t!ifSli atvi 1S?!L? tia!?tir? J1mmu ~.1i trisljU~1(~ iii Aiuln rK :,:: AB rtgtit~: hsur'vil~1_ V~ltRN1A1C~ This aJ'L4`t t:Inierneito»atTrcatlc~:,Unsuthortx~cl rejzr~drrctiori or'd1sfN6vG.~~°rf ihis, ~4t.~~ iloci,m~nr; cr ~»q., d Fr-t Nttr,,;.tra.Ei will 6epra~~cutedta'itre;r>inzit3tum ~xten$ ps4s76te under tFtB I&t4. Thisd4cumont !U~r ut}~ar.~rdet'Ve:ll:(711n8H543.1 rAie:li:!:xt.m Gn:tii~y•2tX,14„~rru! ~ iwt lift re ala•, (4U7Tv76iL~£3f ~ertf~~a~iorr of Document's ,4r1t~t~nfiCty A1J~~ Z}~c~menf D401 r"~ _ 20Q.3 l I~. C, ,Sinclti~el[ heceb~ ~,eriif~ tct llze best >~f m~ 4~C?a.tetlg~; utf~r~aUCr, end diet.. thsi t. 4reatzd: the ait~trltcd fin"tt clc:~~~mznt simuttao~~u~!}~:.~4~th this ~etv~tcati~n at t~ 't;::'S.c+n ~~+i~,!'t~t? ifader tar~~r t~~: l{~OtlC~gg~~3.3_1 , troni~~1 t i~~ntract l~nccunen~~ cQitwarc aad ttfat tn.~reparti~~ the ~tt,li°tiad final dccument`.I trade no elian~~s<.io the ~rri;;tki! teit ot'~Al tip' .llvct~tent 13~ ~,3'i•+ lnu'~ 1rC}t]it'.~I"~ t<hs~Iit~s„~tir?tt xs`:<"ttentent,.as ~tthlislt>e~ F.sy [lae r'1'T~t in ii tir~ttw•~r., aihe~ than r'lt:cng~s :wtra~~a in the aitaclii•+i tii'tal ,3c~rusn~nt k1}.~ >.n4~rs~atins: added text t`tutlarilriit~-~;;vt:c dclet~d test. f ~l'i1!rj ~ a'')ar~r~~f~ krr itlA'-r.+t@ht'i 1.J~3CK t'tOt$ti.~ i s~,~+~~^r, ~ai~ t7i%f~~ t~iie ttiFt'CHi~'~'+F t wt~;~;gi,lya±,; ayr~ y , ,,~r.., ~. ~i;>:l ~~ rnl ter ra~ale, y prr;~ti~~n irr it, 1 PROFILE •TVS TVS. NSSERVICES: COLLABORATING WITH THE WORLD • Architecture • Interior Design Design itself collaborates. The work is measured by how well it fits into the • Master Planning environment, how it enhances the comnnnuty and enriches the culhuc. Ultimately a • Long-Range & Strategic Planning posititi•e human response completes dre collaborative intentions of the designer and __ _ ~ Site_Analysis & Sele_ctio_n____ __ client. TVS was_foundcd in ig63 on the basis of inspired design and close dialogue • Feasibility Studies with its clients. • Programming • Maintenance Programs The. Finn created new directions in architechn•e and interior design, developed and • Space Planning retL~ined the most talented designers in the business, and was honored ~+•ith the AI:~ • Store Planning ~ooz Architecture Firm Award, which recognizes the height of design excellence in a • FF&E Selection collaborative practice. Organized in studios, TD'S works on e~-cry project with the resources necessary to balance design, technology •, and business. Principals assi~,n and lead teams with the experience appropriate to all aspects of the project, providing continuif•• throughout the process. Through collaboration 'T~-'S provides proven, inspired design insight to meet the unique challenges of each client s ~~sion. tVS CONFc'RENCE CEfVTER • PROFILE CONFERENCE CENTER DESIGN FOR THE EXCHANGE OF IDEAS Conference centers represent a specialized discipline of design and planning at'['VS, approached from the perspective of the conference business and the people using the facilities. Desib Hers dedicated to conference centers and the learning environment draw on the wider cxpericnc.c. of the fine in the areas of education, hospitalit<r, public assembly. and corporate office. It is a process of creating specific places tivith precise purposes closely lived to the learning c~perience, an orchestration of scale, acoustics, ling-of- sight, and comfort. There is a careEtrl measure of balance and transition from rooms conducive to calm, methodical, and serene focus, and spaces favorable to the camaraderie of social interaction. TVS ma~imizcs the relationship of site and the client s goals in a mamage of learning cnvironnunt and setting-from seaside resort, to wooded campus, to urban office tot~~er. The firm offers its clients a shrdied approach to the successful place of lifelong learning. tVS A4IARDS LIST •TVS TVS AWARDS 2004 DESIGN AWARD -SILVER DESIGN AWARD -GOLD RETAIL CORPORATE SINGULAR SPACE ASID Georgia Chapter ASID Georgia Chapter Dadeland Mall McCallie School Dining Hall Miami, FL Chattanooga, TN DESIGN AWARD -GOLD DESIGN AWARD -GOLD PRODUCT DESIGN CORPORATE UNDER 10,000 SF ASID Georgia Chapter ASID Georgia Chapter HBF Textiles "Stitch" Collection Georgia Tech Foundation Atlanta, GA Atlanta, GA OUTSTANDING ACHIEVEMENT ' DESIGN AWARD -SILVER American Concrete Institute, GA Chapter CORPORATE OVER 10,000 SF Technology Square Parking Deck ASID Georgia Chapter Atlanta, GA CBL Center Chattanooga, TN AWARD OF EXCELLENCE Atlanta Urban design Commision DESIGN AWARD -SILVER Technology Square INSTITUTIONAL Atlanta, GA ASID Georgia Chapter Palm Beach County Convention Center MERIT AWARD IN DISTRICT PLANNING West Palm Beach, FL SCUP and American Institute of Architects Technology Square DESIGN AWARD -GOLD Atlanta, GA INSTITUTIONAL - --- -- ASID Georgia Cfiapte~ ------- -- 2003 --------------------- Georgia Institute of Technology, pESIGN AWARD -SILVER Technology Square CORPORATE SINGULAR SPACE Atlanta, GA ASID Georgia Chapter BellSouth Midtown II Lobby DESIGN AWARD -SILVER Atlanta, GA RETAIL ASID Georgia Chapter DESIGN AWARD -SILVER Triangle Town Center CORPORATE OVER 10,000 SF Raleigh, NC ASID Georgia Chapter TIAA-CREF Southeast Service Center Charlotte, NC tvs TVS • AWARDS LIST DESIGN AWARD -SILVER BEST PUBLIC PROJECT - INSTITUTIONAL TEXAS CONSTRUCTION BEST PROJECTS ASID Georgia Chapter Henry B. Gonzalez Convention Knoxville Convention Center Center Expansion Knoxville, TN San Antonio, TX DESIGN AWARD • BRONZE DESIGN AWARD -GOLD CORPORATE OVER 10,000 SF CORPORATE INTERIORS ASID Georgia Chapter ASID Georgia Chapter BellSouth AMP I & II WestWayne Atlanta, GA Atlanta, GA tVS ~' w ~r,~ ~ ~ "' ~-: EXCEPTIONAL MERIT AWARD DESIGN MERIT AWARD Atlanta Regional Commission AIA Georgia Chapter Clayton College and State University Carter's Gateway Village Masterplan Atlanta, GA Morrow, GA DESIGN MERIT AWARD TOBY AWARD -CORPORATE FACILITY AIA Georgia Chapter ..Sugarloaf Corporate Center WestWayne Atlanta, GA Atlanta, GA ~^RPORATE AWARD OF EXCELLENCE 3nta Journal Constitution ~mpson, Ventulett, Stainback & Associates ~nta, GA DOC AWARD Solutia Uzun & Case Atlanta, GA 2 CHITECTURE FIRM AWARD erican Institute of Architects ~mpson, Ventulett, Stainback & Associates 3nta; GA NOR AWARD - SA MAYOR'S CHOICE AWARDS iry B. Gonzalez Convention Iter Expansion I Antonio, TX DESIGN AWARD -GOLD CORPORATE INTERIORS ASID Georgia Chapter Uzun & Case Atlanta, GA DESIGN AWARD -SILVER CORPORATE INTERIORS ASID Georgia Chapter Carter's Atlanta, GA A4VARDS LIST • TVS DESIGN AWARD -BRONZE CERTIFICATE OF MERIT - ASIDGeorgia Chapter Intemational Council of Shopping Centers WestWayne Mall of Georgia at Mill Creek Tampa, FL Buford, GA TOBY AWARD - OUTSTANDING MASONRY AWARD OFFICE COMPLEX 500,000 - 1M SF Southeast Chapter Masonry Contractors Concourse Corporate Center 6 Royal Palm at Southpointe Atlanta, GA Plantation, FL 2001 CERTIFICATE OF MERIT - DESIGN AWARD -GOLD RENOVATION OR EXPANSION OF EXISTING CORPORATE INTERIORS PROJECT ASID Georgia Chapter Intemational Council of Shopping Centers Ketchum Florida Mall Atlanta, GA Orlando, FL NATIONAL HONOR AWARD GOOD DESIGN AWARD FOR ARCHITECTURE The Chicago Athenaeum American Institute of Architects Metafloor -Lee's Carpet McCormick Place Convention Center Chicago, IL MERIT AWARD Illuminating Engineering Society of North DESIGN AWARD -SILVER America ASID Georgia Chapter Executive Presentation Theater Equifax World Headquarters Atlanta, GA ------- Atlanta, GA- -- --- - -------- ---- ---- - AWARD OF EXCELLENCE - AWARD OF EXCELLENCE CONSTRUCTION AWARD AIA Georgia Chapter ABC Georgia Chapter h4cCain Library Renovation and Expansion Alston Campus Center and McCain Library, Agnes Scott College Agnes Scott College Decatur, GA Decatur, GA DESIGN AWARD, SILVER - NATIONAL DESIGN AWARD OF CORPORATE INTERIORS EXCELLENCE ASID Georgia Chapter Emory University Parking Garage Equifax World Headquarters t Atlanta, GA Atlanta, GA ' tVS TVS • AWARDS LIST tVS FIRST PLACE AWARD -HIGH RISE American Concrete Institute Glenridge Highlands Two Atlanta, GA OUTSTANDING ACHIEVEMENT AWARD - HIGH RISE BUILDINGS American Concrete Institute 3003 Summit Atlanta, GA FIRST PLACE AWARD -RESIDENTIAL American Concrete Institute Ventulett Residence Atlanta, GA 2000 NATIONAL HONOR AWARD FOR REGIONAL AND URBAN DESIGN American institute of Architects Pennsylvania Convention Center Philadelphia, PA INTERIOR MERIT AWARD AIA South Atlantic Region Executive Presentation Theater Atlanta, GA-- -- . -- - --- - --- MERIT AWARD FOR ARCHITECTURE AIA South Atlantic Region Hot Springs Convention Center Hot Springs, AR MERIT AWARD AIA South Atlantic Region Executive Presentation Theater Atlanta. GA MERIT AWARD FOR ARCHITECTURE AIA South Atlantic Region Georgia International Plaza Atlanta, GA DESIGN EXCELLENCE AWARD -GOLD ASID Georgia Chapter Florida Community College Jacksonville, FL DESIGN EXCELLENCE AWARD -GOLD ASID Georgia Chapter TSYS Columbus, GA DESIGN EXCELLENCE AWARD -BRONZE ASID Georgia Chapter Glenridge Highlands One Lobby Atlanta, GA DESIGN AWARD OF MERIT AIA Georgia Chapter Hot Springs Convention Center Hot Springs, AR BENTLEY SUCCESS AWARD FOR ARCHITECTURE-- Washington Convention Center Washington, DC ADVENTURE IN EXCELLENCE AWARD Sherwin-Williams' Adventure in Excellence Plaza Tobalaba Santiago, Chile HONORABLE MENTION - NEW SPECIALTY STORE SADI Awards Havertys,Furniture, Mall of Georgia Buford, GA AWARDS LIST • TVS HONORABLE MENTION - DESIGN AWARD, FIRST PLACE - NEW ENCLOSED CENTER CORPORATE UNDER 10,000 SF SADI Awards ASID Georgia Chapter Plaza Tobalaba Executive Presentation Theater Santiago, Chile Atlanta, GA HONORABLE MENTION • ENGINEERING EXCELLENCE AWARD RENOVATED ENCLOSED CENTER Wisconsin Association of Consulting Engineers SADI Awards Midwest Express Center Plaza Vespucio Milwaukee, WI Santiago, Chile DESIGN AWARD CRAFTSMANSHIP AWARD Architectural Precast Association Washington Building Congress MetLife at Georgia 400 Washington Convention Center Alpharetta, GA Washington, DC CENTURY OF EXCELLENCE AWARD 1999 AIA Greenville Chapter AWARD OF EXCELLENCE - Hyatt Regency Greenville INTERIOR DESIGN Greenville, SC ASID Georgia Chapter Omni Hotel Hospitality Suite AWARD OF EXCELLENCE Atlanta, GA American Concrete Institute Mail of Georgia DESIGN AWARD Buford, GA AIA Arkansas Chapter Hot Springs Convention Center _DESSIGN AWARD Hot Springs, AR Metal Architecture Worcester Convention .Center DESIGN AWARD, FIRST PLACE - Worcester, MA 'CORPORATE OVER 10,000 SF ASID Georgia Chapter 1998 DuPont Commercial Flooring DESIGN AWARD FOR PUBLIC SPACES Atlanta, GA Interiors Magazine McCormick Place Convention Center Chicago, IL ^tvs TVS AWARDS LIST 0 DESIGN AWARD SECOND PLACE AIA Georgia Chapter American Concrete Institute Georgia Chapter Merrill Lynch Facility IBM Lakeside Parking Deck Denver, CO Atlanta, GA DESIGN AWARD AWARD OF EXCELLENCE AIA Georgia Chapter American Concrete Institute Georgia Chapter Interface, Ray C. Anderson Plant Kennesaw State University West Point, GA Classroom and Office Building Kennesaw, GA SUSTAINABLE DESIGN AWARD AIA Earth Day Award Interface, Ray C. Anderson Plant West Point, GA SUSTAINABLE DESIGN AWARD AIA Georgia Chapter Interface, Ray C. Anderson Plant West Point, GA OUTSTANDING ACHIEVEMENT AWARD - HIGH RISE BUILDINGS American Concrete Institute Georgia Chapter Glenridge Highlands One Atlanta, GA AWARD OF MERIT American Concrete Institute Rocky Mountain Chapter Merrill Lynch Facility Denver, CO Atlanta, GA ADVENTURE IN EXCELLENCE AWARD Sherwin Williams' ASID CERTIFICATE OF MERIT McCormick Place Convention Center -International Council of_Shopping Centers-__ ___ Chicago,_IL _ __ -_ - ____ __ - _ _ _ _ - . West Oaks Mall Ocoee. FL AWARD OF MERIT FOR EXCELLENCE SUSTAINABLE DESIGN AWARD AIA Georgia Chapter Atlantic Steel Mixed Use Development NATIONAL DESIGN AWARD Precast / Prestressed Concrete Institute McCormick Place Convention Center Chicago, IL FIRST PLACE American Concrete Institute Georgia Chapter Automatic Data Processing, Phase II Atlanta, GA ASID Georgia Chapter Two Live Oak Center Atlanta, GA DESIGN AWARD Assopiastrelle, Italian Ceramic Tile Harbor Island Complex Tampa, FL AWARDS LIST • TVS 1997 ASSOCIATE OF THE YEAR AWARD NAIOP Georgia Chapter Thompson, Ventulett, Stainback & Associates Atlanta, GA OFFICE BUILDING DEVELOPMENT OF THE YEAR AWARD NAIOP Denver Chapter Merrill Lynch Facility Denver, CO DESIGN AWARD - RENOVATION CATEGORY Intemational Council of Shopping Centers The Plaza at King of Prussia King of Prussia, PA DESIGN AWARD - INTERIOR ARCHITECTURE AIA Chicago Chapter McCormick Place Convention Center Chicago, IL DESIGN AWARD AIA Georgia Chapter _ _ _ McCormickPlace Convention.Center Chicago, IL SUSTAINABLE DESIGN AWARD AIA Georgia Chapter adidas International, Southeast Regional Sales Office Atlanta, GA DESIGN AWARD AIA Geargia Chapter Georgia International Plaza Atlanta, GA OUTSTANDING ACHIEVEMENT AWARD American Concrete Institute Georgia Chapter Automatic Data Processing Alpharetta, GA AWARD OF EXCELLENCE American Concrete Institute Georgia Chapter Multipurpose Livestock and Exhibit Facility Perry, GA AWARD OF EXCELLENCE - ASIDGeorgia Chapter Prince Street Cartersville, GA AWARD OF EXCELLENCE - ASID Georgia Chapter Georgia State University President's Loft Atlanta, GA AWARD OF EXCELLENCE - PUBLIC FACILITIES Urban Land Institute Pennsylvania Convention Center Philadelphia, PA AWARD OF EXCELLENCE - URBAN DESIGN Atlanta Urban Design Commission Woodruff Arts Center Atlanta, GA AWARD OF EXCELLENCE - ., URBAN DESIGN Atlanta Urban Design Commission Georgia International Plaza Atlanta, GA tVS TVS • AWARDS LIST ~S AWARD OF EXCELLENCE - URBAN DESIGN Atlanta Urban Design Commission adidas Internatiaial Sa~tt>east Regional Sales Office Atlanta, GA CERTIFICATE OF MERIT - OUTSTANDING REHABILITATION The Georgia Trust for Historic Preservation adidas International Southeast Regional Sales Office Atlanta, GA INNOVATIVE DESIGN EXCELLENCE AWARD Innovative Design and Excellence in Architecture Using Structural Steel Salt Palace Convention Center Salt Lake City, UT FIRST PLACE- REGIONAL EXCELLENCE IN CONSTRUCTION Assocation of Building Contractors, Gulf Coast Region Nathan H. Wilson Center for the Arts, Florida Community College at Jacksonville Jacksonville, FL 1996 DESIGN CITATION AIA Georgia Chapter Prince Street Cartersville, GA HONORABLE MENTION -INSTITUTIONAL ASID Georgia Chapter Woodruff Arts Center Atlanta, GA FIRST PLACE - NATIONAL EXCELLENCE IN CONSTRUCTION MERIT AWARD Association of Building Contractors AIA South Atlantic Region Nathan H. Wilson Center for the Arts, Prince Street Florida Community College at Jacksonville Cartersville, GA Jacksonville, FL AWARD OF EXCELLENCE Architectural Precast Association Orange County Convention Center, Phase III Expansion Orlando, FL ADVENTURE IN EXCELLENCE AWARD Sherwin Williams ASID Woodruff Arts Center MERIT AWARD AIA South Atlantic Region ---- United Parcel Service-World-Headquarters---- Atlanta, GA MERIT AWARD AIA South Atlantic Region Charlotte Convention Center Charlotte, NC Atlanta, GA MERIT AWARD AIA South Atlantic Region Pennsylvania Convention Center Philadelphia, PA AWARDS LIST • TVS MERIT AWARD AIA South Atlantic Region Long Beach Convention Center Long Beach, CA MONSANTO DOC AWARD Monsanto Contract Fibers Prince Street Cartersville, GA BAC CRAFT AWARD - BEST TILE AND MARBLE PROJECT Intemational Union of Bricklayers and Allied Craftsmen The Plaza at King of Prussia King of Prussia, PA RECONSTRUCTION PROJECT AWARD Building /Construction Woodruff Arts Center Atlanta, GA AWARD OF EXCELLENCE - URBAN DESIGN Atlanta Urban Design Commission United Way Parking Deck Atlanta, GA ___ _________.._ AWARD OF EXCELLENCE - INTERtOR LIGHTING DESIGN Illumination Engineering Society of North America Charlotte Convention Center Charlotte, NC REGIONAL MERIT AWARD Illumination Engineering Society of North America UPS World Headquarters Atlanta, GA CITATION IALD International Lighting Awards Charlotte Convention Center Charlotte, NC HONORABLE MENTION Buildings Modernization Awards Program The Plaza at King of Pn~ssia King of Prussia, PA TUCKER AWARD OF EXCELLENCE Building Stone Institute UPS World Headquarters Atlanta, GA DESIGN AWARD - RENOVATED ENCLOSED CENTERS SADI Awards The Plaza at King of Prussia King of Prussia, PA 1995 DESIGN AWARD - BIENNIAL DESIGN AWARDS AIA Cabrillo Chapter Long Beach Convention Center _Long.Beach, CA__ _____ DISTINGUISHED SERVICE AWARD - ENVIRONMENTAL PLANNING International Development Research Council UPS World Headquarters Atlanta, GA DESIGN AWARD - PUBLIC SPACES 17th Annual Interiors Awards Charlotte Convention Center Charlotte, NC TVS • AWARDS LIST tvs FIRST PLACE -CONTRACT /CORPORATE ASID Georgia Chapter UPS World Headquarters Atlanta, GA FIRST PLACE -INSTITUTIONAL ASID Georgia Chapter Charlotte Convention Center Charlotte, NC INTERNATIONAL ILLUMINATION DESIGN AWARD OF MERIT Illuminating Engineering Society of North America Mobile Convention Center Mobile, AL NATIONAL DESIGN AWARD Precast/ Prestressed Concrete Institute UPS World Headquarters Atlanta, GA DESIGN AWARD AIA Georgia Chapter UPS World Headquarters Atlanta, GA DESIGN AWARD AIA Georgia Chapter Pennsylvania Convention Center Philadelphia, PA HONOR AWARD FOR ENGINEERING EXCELLENCE Consulting Engineers Council of Georgia UPS World Headquarters Atlanta. GA DESIGN AWARD -RENOVATION International Council of Shopping Centers The Plaza at King of Prussia King of Prussia, PA Charlotte, NC AWARD FOR HISTORICAL PRESERVATION Historical and Museum Commission Bureau HONORABLE MENTION - The Reading Terminal Train Shed at SUSTAINABLE DES.IGN,/ BUILT PROJECT-. __ ___. Pemisylvania Conyention_Center _____ _____ AIA Georgia Chapter Philadelphia, PA Pennsylvania Convention Center Philadelphia, PA AWARD FOR DESIGN EXCELLENCE HONOR AWARD AIA North Carolina Chapter Charlotte Convention Center PROJECT OF THE YEAR National Commercial Builder's Council The Reading Terminal Train Shed at Pennsylvania Convention Center Philadelphia, PA r Architectural Precast Association UPS World Headquarters Atlanta, GA FIRST PLACE Office Building of the Year Award (Toby), Miami Chapter, BOMA SunBank Office Building Miami, FL DESIGN FOR LEARNING TECHNOLOGY SQUARE -GEORGIA INSTITUTE OF TECHNOLOGY TECHNOLOGY SQUARE GEORGIA INSTITUTE OF TECHNOLOGY LOCATION: GEORGIA TECH ENERGIZES THE MIDTOWN BUSINESS DISTRICT • Atlanta, GA Technology Square reaches into the midtown business district of Atlanta across the CLIENT; downtown connector from the traditional Georgia Tech campus, establishing a new • Georgia Institute of Technology and The gateway for tl~e ca-npus. Cantilevered lanten~.s project to passersby on the interstate --Georgia-Tech-Foundation------- and-through the center-of--the-complex-that-something-new--and special-has-arrived. Retail shops geared to students bring new life to the streetscape. PROJECT AREA: • 1.1 million sf Multi-Building Components: • College of Management • Global Learning Center • Georgia Tech Hotel & Conference Ctr • Economic Development Building • Georgia Tech Bookstore • Center for Quality Growth & Regional Development • Parking Deck • Retail /Restaurant The $122•million, five•building complex has transformed the three•block site from surface parking lots into a new dynamic urban community. Brightly painted courtyards and generous use of fenestration symbolize openness and a sense of time and place, which logically knit together the College of h~lanagement, Global Learning Center. Hotel and Conference Center, Barnes & Noble/GA Tech Bookstore, and offices anchored by the Economic Development Building. Due to the collaboration of the designers. the owner, and the nwnerous users in ~ meeting the needs and aspirations for tfvs project, Technology Square is a giant leap fonvard in the University's Longstanding mission of reaching out to the communigr. {;VS tVS TECHNOLOGY SQUARE -GEORGIA INSTITUTE OF TECHNOLOGY OESIGN FOR LEARNING CONVENTION CENTER MCCORMICK PLACE CONFERENCE C"eNTER MCCORMICK PLACE CONFERENCE CENTER LOCATION: Following the completion of the 'T'E'S-designed A4cConnick Place South Hall • Chicago, IL Expansion -the recipient of the aooi AIA National Honor Award for Architechrre - and the A4cConnick Place Hyatt, a growing need for additional conference space CLIENT: ryas discovered. Due to high volume demand on both the convention ccntcr and the • Metropolitan Pier & Exposition Authority hotel, neither could serh~ce the additional need for space;l'~-'S .vas asked to desim the - - - - 1~1cGormick Place Conference Center- --- ----- -- PROJECTAREA: • • 32,000 gsf 'TVS designed the conference center as part of a three-building complex, including an office building for the Convention Center Authorih~. The c•onfcrcncc center comprises ~~,ooo sf of meeting rooms and a tumor ballroom. Elements of design within the conference ccntcr link it thematically to the larger It•1cComlick Place ccntcr, allowing the participants in the confercnccs to feel that they are part of the: larger ccntcr, itself architceturalh~ oriented to provide perspective on dohvntoh~~T Chicago. tVS MCCORAdICK >'LACE CONFERENCE CENTER • CONVENTION CENTER ~ ~ ~ ~~ ~ _ - r ,.a' ` T~ w t ~~4 r T ~ ~4~ ; T~ 1 ~ y ~ S ' i n ' - }~~ ~ _ Y~ ~~ E..~k ~' U ~ F W Y '.wr ~ }~ f ~ 1~ 1 F~ I a~ }; 1~ ~ ~ . ~ ~ ! .. i ~~ is 1 3 _ _ r_i. _ ~ { ~ ~ ~ ~ __ `'~ < y is . 1 ~ I ~ £t ~5; t _ W_ ~~ C } ~ i j I~ > L ~_ {k f ~ ~ ~• - ' (: + e 3 ~. ~ , ~ ,~y ~ f v _~ ,.F }~- ~ ~. ' t a; ~'; r; - f. ., . ; , ~ ~ V' y fi i- o~ a _ ~ - } ~ , ~!. ~7. „~ J,y ~~ ~ t ~ y 1. ~ ~' ~ 1 f _ . 7 ~-. I} *1 ~I r~ ~ , ' z. k ~x ~. ~ ~ ~ ' i +4 a i p ( VSS'_ l ~ • T ~ ~ , -rt-z Y '- ~~~~ ~` t 7 ~ ,~,{ i '4 ~ } r ~ -, •,~ t ~~ ~ ~ . ~ ,r ti i. s~ r * ~ i ,,~j 3-~ - r-n li ~ 3 ~ 1 q5 i ~~~F3ti:n ~4~'' ..~ -333 (~ ~ t~ T -.t } ~} f ~ E J~ ~ x'~."~-.; X11 7 '.*4:,,,r~~.. ~3 ^tvs CONVENTION CENTER • VAlDOSTA CONEERENC'e CENTER VALDOSTA CONFERENCE CENTER LOCATION: • Valdosta, GA CLIENT: • City of Valdosta /Lowndes County BUILDING AREA: • 38,000 sf Enclosed • 3,000 sf Covered Terrace • 1,700 sf Open Terrace PROJECT FEATURES: • 11,000 sf Bow Truss Exhibit Hall • 3,400 sf Multipurpose Room • 4 Meeting Rooms • 2 Board Rooms • Catering Kitchen • Chamber of Commerce Offices and Facility Administration DESIGNED FOR VERSATILITY AND THE LOCAL VERNACULAR The City of Valdosta and Lowndes County engaged TVS to create a conference center for the people of South Georgia and its business community. TVS directed-the-intention of--the-design-on-the enjoyment-of-a wooded setting-around-- -- - a pond with a pecan grove, and focused on a broad range of uses: small conventions, conferences, business meetings and, in fitting the community's needs, social occasions from dances to weddings. The design vocabulary compliments the surroundings in a simple, sophisticated manner. Varied colors of brick on the facade, metal canopies, and pond•side verandahs work together to emphasize the rural setting. The exhibit hall comprises three bays spanned by up•tit bow trusses. Locally crafted oak panels line the pre•Function spaces and ballroom. Generous glazing offers natural lighting and abundant views. TVS master planners allowed for a doubling in size of the center, offering the prospect of even more flexibility for a growing community. 0 VALDOSTA CONFERENCE CENTER CONVENTION CENTER CONVENTION CENTER H6T S?RIN65 CONVENTION CENTER HOT SPRINGS CONVENTION CENTER LOCATION: • Hot Springs, AR CLIENT: • City of Hot Springs, AR PROJECT AREA: • 352,000 gsf convention center (existing and expansion} • 75,000 sf exhibit hall • 20,000 sf of meeting rooms • 17,000 sf ballroom • 33,000 sf new exhibit floor • 5,600 seats for basketball • 6,200 seats for concerts ASSOCIPTED ARCHITECT: • Spa City Architects PERFECTING THE ART OF COMMUNITY The design of the Hot Springs Convention Center is inspired by its unique location in a national park and its proximih- to historic Bathhouse Row. -- -------Regularly used-for local-events; `IB'S'-design-enhances-Hot Springs- art-community--- ---- -- iclentity and pro~~idcs a welcome connection to adjacent hotc]s, a public park, and nearby ncirhborhood. The concourse is itself a public destination, designed as an art gallery with pennancnt collections and special exhibits. \rah>rrl wood ceilings and exposed roof structure- along with limestone, shicco. and brick-arc conversant of the bathhouses and national park. The entire facility infi~scs tremendous new economic energy into Hot Springs as the state's largest place of public assembly. 'f'~•TS has hc•ice expanded the convention center far a fi~~efold growth in meeting space: including a di~~sible exhibition hall, grand ballroom, and an exciting new spirts and entertainment arena. HOT SPRINGS CONVENTION CENTcR CONVENTION CENTR ~ t d r N~ (yt Z f ,I ry~ ~ r i ~ i i ~ ~ ~, ~ ~~.~ Y •'.5 ~ u Y ~ , j; ~ ~ {l~ F '>e ~~yy ~j ~4h' }~ ~ ~ 1 i` r{ ~~i~~ ' w _ t'~, :,. i ~~ it ~ ~~[ "~) ~ ~ ' f ~1 + r ~~ ~ ~~ { ,.c ' ; ,• .~ f ~ ~: /J ~ _ ¢~~y i ~xo -~rA .t i { 1 ~ Q~~ 1 :~ ~ ~ yi [ J ~w h ~t ~; ,a ~~~ ~ 1 77(( 1 ~ ~y a ~c' rn ~ :~~ S~, yy ~~,. f ~ •t s ~ „ ~' a. ~: ' r ~i: '~Fs ~. .' _ _ - ~~-_ -•~~` i 0 Y V i a~, ,~ ~ S~ ~_ f ,'~ /• -• ~ ~r K :1~: ~tiC ~,I ..~ •~ .~~ Y t ?~ h ~' ~ as ~ ~., ~} ~~ ~ v i ~~ . l~k+ ~ d CONVENTION CENTER • OVERLAND ?ARK CONVENTION CENTER OVERLAND PARK CONVENTION CENTER R ~__ LOCATION: LANDMARK PUNCTUATES A MAJOR ECONOMIC BOOST • Overland Park, KS Exceeding the clients' e~l~cctations in mectirig critical space needs, the Ch-crland Park CLIENT: Convention Center is an unprecedented step in due cur's histor3-. T'L'S also designed • City of Overland Park, the complementary headquarters hotel. Thcy~ share the grand arrival plaza and ~~sual --Overland Park Hotel-Corporation---------connections-from-their-linear, matched-concourses-in-a~n- arehitcchcral-dialogue ----- -- -- overlooking a garden. PROJECT AREA: • 412 key, 434 bay hotel The convention center is flexible to match a myriad of needs. The ballroom can be • 240,000 gsf convention center divided into as many as five separate rooms or opened onto the exhibit halls For one • 26,000 sf ballroom contiguous &S,ooo syuarc-foot space. • 60,000 sf exhibit hall • 15.000 sf meeting space The signature iconic light tower is glazed in frosted glass for a glowing diffusion of light, and clear glass for the projection of interior night lighting and reflected ASSOCIATED ARCHITECT: daylight. •'DLR•Group A large bow window animates the terrace of the ballroom pre-function arcs and offers generous vices outside ~~-bile portraying inside activity to the public. Like its signature tower the facilih• is an economic exclamation paint on the region's business landscape. LVS OVERLAND PARK CONVENTION CENTER • CONVENTION CENTER tVS OVERVIEW OF THE FIRM OVERVIEW OF THE FIRM 1 FINANCIAL STATEMENT Please refer to the separate cover for an income statement and balance sheet for• TVS. COMPLETED PROJECTS Over the past five years, TVS has completed over 291 projects valued at over $3.5 billion in construction cost. The follo~+~ing are selected, comparable completed projects: TECHNOLOGY SQUARE AT THE GEORGIA INSTITUTE OF TECHNOLOGY Atlanta, GA . Size 1.1 million sf Multi$uilding Components: • Georgia Tech Hotel & Conference Center • College of Management • Global Learning Center • Economic Development Building • Georgia Tech Bookstore • Center for Quality Growth & Regional Development • Parking Deck • Retail /Restaurant Dollar Value $122,000,000 -- - --- ------ClienrContacr- -- - ------- ContractorContact- - - - -- ----- Georgia Tech Foundation Holder Construction Company John Carter ~ Wayne ~•Vadsworth 404.694.0772 904.617.7771 McCORMICK PLACE CONFERENCE CENTER Chicago. IL Size 32,000 gsf Dollar Value Confidential tVS OVERVIEW OF THE FIRM Client Contact Contractor Contact Metropolitan Pier & Exposition Authority Walsh Construction John Clay Harry Walder 312x91.6118 312.563.5400 VALDOSTA CONFERENCE CENTER Valdosta, GA Size • 38,000 sf Enclosed • 3,000 sf Covered Terrace • 1,700 sf Open Terrace Project Features • 11,000 sf Bow Ti•uss Exhibit Hall • 3,400 sf i\4ultipurpose Room • 4 Meeting Rooms • 2 Board Rooins • Catering Kitchen • Chamber of Commerce Offices and Facility Admitustration Dollar Value $5,816,519 Client Contact City of Valdosta / Lowndes County Larry Hanson 912.259.3500 Contractor Contact Tom Hutchinson Construction Toin Hutchinson 912.244.059 -HOT SPRINGS CONVE-N-TION-C-ENT-ER- City of Hot Springs, AR Size • 352,000 gsf Convention Center (existing and expansion) • 75,000 sf Exhibit Hall • 20,000 sf of Meeting Rooms • 17,000 sf Ballroom • 33,000 sf new Exhibit floor • 5,600 seats for Basketball • 6,200 seats for Concerts Dollar Value !~ $28.000,000 tV5 OVERVIEW OF THE FIRM a Client Contact City of Hot Springs Steve Arrison 501.321•:?027 Contractor Contact Fluor Daniel John Eisman 864•:?81«4400 OVERLAND PARK CONVENTION CENTER Overland Park, KS (Note: TVS performed Programming, Master Planning and Design Services) Size • 26,000 sf Ballroom • 60,000 sf Exhibit Hall • 15.000 sf Meeting Space Dollaz• Value $45,000,000 Client Contact Contractor Contact City of Overland Park Turner Construction Company Bob Lowry Dewey Newton 913.695.6040 816•:'83.0555 tvs PRCFtIE •VAG VAG VAG SERVICES: • Architecture • Interior Design • Master Planning • Programming - -- ~ ~ Site-Analysis & Selection - - ' -- -- • Space Planning PHILOSOPHY AND ROOTS VAg, Inc. Architects &Planners is steam-structured professional corporation providing comprehensive, multi-scale architectltral, planning and interior services to clients and for projects at the local, regional and national level. The firm evolved from the understanding that"service and design ai•e t11e iiZ"sepai=able a~Sfiintercliangiiig-key ingredients to the artful creation of built form. Our cooperative response fi•om the broadest objectives down to the smallest details is the backbone of our design service. Servicing the dreams and goals of our clients through innovative a»d creative approaches allows us to generate timeless impressions in architecture. The comprehensive and diverse backgrounds of the VAg design team not only shapes the unique personality of the company, but also serves to support and inform our design approach and methodology. We conrinue to evolve and hone our cooperative approach to architecture and the building industry. Our constant and consistent process is to find solutions that are less about workable and more about remarkable. t ~~ PA lILION T04YN OP NAIL DONOYRN PARK PAVILION TOWN OF NAIL DONOVAN PARK PAVILION LOCATION: • Vail, CO CLIENT: • Town of Vail PROJECT AREA: • 5,200 sf - °a COMMUNITY GATHERING SPACE AMONGST A NATURAL BACKDROP The Pa~rilion is the final piece in the completion of the To~~~n of -Nail's new Donovan Park. Upon entering the building, expansive 180-degree views of the surrounding mountains can be seen through large walls of glass. Massive columns, beams and ---- trusse"s delineate the structure and"iriteei"orspaces.-The ezferioi Eerrace fias-been nestled- between the building and Gore Creek amongst dense u•ees embracing the building. The terrace easily seats over 100 people and has custom leaf prints in the terrace surface accentuating the naiural setring. The 5,200 square foot community ceriter accomodates dinners for over Z00 people and co~lferences for up to 250 people. A formal entry. large restroom facilities, a commercial prep kitchen, and expansive storage a~1d preparation areas round out the building. .j, TOWN OF VAIL ~GNOVAN ~AP.K PAVILION PAVILION PAVILION BARD PAVILION BARD PAVILION i~ 'y LOCATION: A CHALLENGE RESULTING IN BEAUTY • Evergreen, CO An extensive design program demarided dramatic yet efficient tlse of the 9800 square CLIENT: foot area. Among its features are seating for 175 people, dance floor, stage area, indoor/ • Pam Bard outdoor bar, lounge, buffet l billiards area, loft sitting, roof top patio, balcony overlooking - -- --the-seating area,-commercial-kitchen, iesfrooms, storage, and adelve=through-eniry PROJECT AREA: with doors to accomodate large vehicle access. • 4,800 sf The solid oak timber framed stricture includes tivsses of tremendous scale. spanning the 90-foot width of the seating area, which has glass walls that fold open to tale patios. The Bard Pavilion is a successful example of high design that meets the standards of a complicated program, a challenge resulting in useful and lasting beauty. ~~~ ®:, ~~ BARD PAVILION PAVILION CC6IMUNITY PLANNING & DEVELOPMENT • GRAND ELK RANCH 8 CLUB GRAND ELK RANCH & CLUB LOCATION: SYNTHESIS OF GOLF COURSE AND COMMUNITY • Granby, CO The Grand Elk Ranch & Cltlb is a 450 acre residential /commercial /golf course CLIENT: development located in Granby. Colorado. The master plan i~lcorporates 800 mixed • Grand Elk, LLC residential units within the meandering heathland golf course and integrated with a q ~ P g~------ ---- _- --- --300:000 s uai•e"foot"commercial-entry to the develo meat; the Grand Elk Crossin PROJECT AREA: • 300,000 sf mixed-use commercial The architectural design imagery and guidelines eve have developed draw from the • 16,000 sf golf course clubhouse principles of the cottage style, utilizing simple forms, detailing and proportions. The • 5,000 sf activity center Golf Course Clubhouse Complex is the heart of the ranch - 16,000 square foot • 8,000 sf arrival plaza clubhouse building. a 5.000 square foot activity center, an 8,000 square foot cart bunker • 5,000 sf maintenance facility and twenty 550 square foot club carriage houses. • 1,000 sf pump house • 800 residential units on 450 acres ~:, _ y -. --•°~ati^°Te :--ter--- ~ T ~ ' '~ - ~ s a~"~-", ~,- r'F~Fwr' t F'Y r "' r .'S"A.'" ~ _ ", ~ ? i 5 ~h: r s~,ar { t _ 1 4 _ .w. .. .s-.-._..._ _~. 'ip1 t C L ~ _ a fr. ~ -., v ~ ~ ~ ~ ~r'. - _ ` -~~ A ~ Y z .i~ _~~ ti" pp .+~ xi . ~ • ,' ?41 y 4 ~'~ ~s- ~~ ~~ ~p ~, +{c ~.-~ ~~ .rte" ~~ ~ . _4,a r i,. ~f' ~, ~ ~1 r ~ - .~ i~ ~~ * = N ~ ..~. ~ t w 4;„,: y T bR ~j ~ t ~~r~`~ ~~l'T,, s , ~ ~~ ~~ ~ ~~~ I ~~. _ ~' ~' ~ ~ i _ ~~ R~ ~ •ti { \ ~~ .. _~.9baa''Jar~.1 ~,.~„~/i~ +~4- ~ec~~~u _ .._.~._.,,~.i$PS,s_ ...n.. __,. ~~ GRAND ELK RANCH 5 CLUB • COMMUNITY PLANNING d DEVELOPMENT RESIDENTIAL •SIDHU RESIDENCE SIDHU RESIDENCE LOCATION: TIMBER-FRAMED VISTAS • Beaver Creek, CO The timber-framed architectw•e of this custom home assembles a collection of building CLIENT: forms and mountain living spaces along anorth-facing hillside. The land-locked • Lisa Sidhu ~ location, with closely neighboring homes, presented a challenge in achieving a flowing, -- --open plan-chat-still-allowed-a-sense-of the sun•aunding_visias.-________ -___. PROJECT AREA: The great room focuses south toward the Beaver Creek Ski iVlountain, while remaining • 10,500 sf connected ~+~ith the kitchen, hearth, and breakfast and dining rooms. The family wing extends into the secluded site hillside, the service wing completes the entry courtyard and the guest and entertainment quartters fill out the lower level. ~:, SIDHU RESIDENCE RESIDENTIAL t•tIXED-USE COMMERCIAL • WILDHORSE MARKET?LACE WILDHORSE MARKETPLACE i _ - ~ ~ ~ S y,. - 'ti 1t ~~-- I )a A }t 4. yt 5 ~ , , ,_ _ ~s~w -, - ~ ~. i ~ I .. I LOCATION: PEDESTRIAN FRIENDLY STREETFRONT • Steamboat Springs, CO Lupired by rural Colorado architecture, ~Nildhorse Marketplace is beconung a reality CLIENT: in Steamboat Springs. Sensitively planned. buildings are scaled for the pedestrian. • Steamboat Partners, LLC with storefronts that open onto wride, u~ee lined sidewalks, and combine with on-street ------------ - - --------- diagonal-parlcing~tocreate an innovative.new.gathering.place._A.righpalette_of building_____-_ ___ PROJECT AREA: materials. including stones and metals. combine with excellent mountain views. • 18,000 sf restaurant abundant landscape, outdoor scultpture and even a ne~v public transportation stop to • 34,000 sf office complete the experience. • 48,000 sf retail The project includes 88,400 square feet of new construction that will provide the . community with a mix of retail, restaurant and office space. ~:, r :~• ~-~ ~ s~. `~ ~~~ .'f t tf E ~r ~~. .~. r, - ~~ t{ ~~ 1., - «~f~ _ !f ~ ~~~ ~~ titi' ~ T ~' - 4 4 y;tr Ili ~I e>r~~ ~1 ~~ r~ - _ ~~ ~ -al 5 1 ~ -- /~ _~ - - ~ ,.nom x ,..., ~ ~y 2~ ~i-r~ y K ' ~ ~.~ J jt •4 /Y tT _ ~~ ~' ~ 4 .S' a` a. ~~ r~" ~ } ~ ~~~ +~ j {, -. _ _ .. ~'~ ~ ~j5 i i ~~ 1 ~ 5 /f ~ S - S f ~ ~L 2 '+'+ 4':: w. ~ . ~ yu~~„ ter; } ` Y ~ l4 n „`~ ~ T _~ 7 r ~ ~ lv~c @ ~t. ~ / ~ ° ~ • WILOFiORSE MARKETPLACE • MIXED-USE COMMERCIAL OVERVIEW OF THE FIRM OVERVIEW OF THE FIRM FINANCIAL STATEMENT Please refer to the separate cover for an income statement and balance sheet for VAg, Inc. COMPLETED PROJECTS Since 1996, VAg has successfully completed over350 projects for municipalities. private developments, retail and restaurant, and large scale single family residences. The following are selected. comparable projects: TOWN OF VAIL DONOVAN PARK PAVILION Vail, CO Size 52,000 sf Building Components: • Assennbly Area for approximately 175 seatd at tables or 300 without tables • Break-out Rooms for smaller group gatherings • Full Connnnercial Kitchen • Extensive Outdoor Terraces backing up to the Gore Creek and Donovan Park Dollar Value $1,820,000 Client Contact Town of Vail Town Council Member Diana Donovan (970) 47G-2789 BARD PAVILION Evergreen, CO Size 4,800 sf Dollar Value $1,900,000 Client Contact Pam Bard ~ . (303) G74-2922 ~~ CVERYIEW OF THE FIRld GRAND ELK RANCH & CLUB Granby, CO Size • 300.000 sf M.ixed-Use Commercial • 1G,000 sf Golf Course Clubhouse and Ancillary Facilities • 5.000 sf Activity Center • 8,000 sf Arrival Plaza • 5,000 sf ~-taintenance Facility • 1,000 sf Pump House • 800 Residential Units on 450 Acres Project Features • Integration of an ]8-hole Golf Course with Clustered Single-family Homesites • Collection of tvlulti-family Neighborhoods • Regional Club Facilities • Synthesized Commercial Village Dollar Vah.re $lo,ooo,ooo Client Contact Grand Elk, LLC Jerry Jones (970) 748-50G0 WILDHORSE MARKETPLACE Steamboat Springs, CO Size: • 100,000 sf 1\~lixed-Use Development: • 18,000 sf Restaurant -- ---~ 34,000 sf Office------------- • 48.000 sf Retail Dollar Value $7,000,000 Client Contact Resort Ventw•es, LLC Whitney Ward (970) 748-5005 r ~j, OVERVIEW CF THE FIRM CORDILLERA DEVELOPMENTS Edwards. CO Multiple Buildings: • Cordillera Valley Club Golf Clubhouse • Cordillera Valley Club Butler Buildings • The Legends 1~lulti-family Cluster Development • Kensington Green Multi-family Cluster Development • the Mayacama Golf Club • Golf Clubhouse • Casita Multi-family Cluster Development • Cordillera Cabins Dollar Value $30,000,000 Client Contact Cordillera Development Company Lance Badger (970) 926-3111 ext. 428 SQUAW CREEK METROPOLITAN DISTRICT Edwards, CO Site • 8,300 sf Firehouse at Chaveno • 7,000 sf Administration Building • 7,800 sf Vehicle Storage Building • 11,800 sf Maintenance Building • 2,700 sf Firehouse at the Summit Project Features : , • Design-Build Services _~ Extensive Site P-tanning _ -.. --_ ___ _ __--_ ------_ _._-- • Concept Planning • Building Design • Value Engineering Dollar Value $4,100,000 Client Contact Squaw Creek Itiletropolitan District. General ~~lanager Bruce Mielke (970) 569-6253 ~:, tVS SPECIFIC IN-HOUSE PERSONNEL RESUTAE • 6dIKE EZELL, AIA MICHAEL EZELL, AIA PRINCIPAL Mike began his career t~~ith TVS in 1974. His fl>st project t~'as the firm's first convention center, the Georgia ~i~'orld Congress Center. As he observed the means by which a strong design ethic could be merged with sound business practices and client satisfaction, he began a storied career as a designer of public spaces. His primary practice has been in the segments of public assembly, mixed•ase, hospitality, and corporate office developments. As the senior principal leading several TVS studios. Vlike has been responsible for architectural projects that have enhanced their environments both economically and culturally. Mike works to maintain the consistently high standards of innovation uid excellence in design that have characterized TVS approach to architecture since the fum's inception. Recent conference and com-ention center projects include facilities in JohnsonCity, Englewood, Richmond, San Antonio, Hot Springs, Springfield, Overland Park, and Palm Beach. Current work includes renters in Hartford, San Juan, Branson and Columbia. SC. EDUCATION • Master of Architecture, Harvard Graduate School of Design, 1974 • Bachelor of Architecture, Harvard Graduate School of Design, 1971 • Bachelor of Arts and Sciences, Harvard University, 1970 AFFILIATIONS • Member, American Institute of Architects REGISTRATION •-Registered-Architect,-States-of-AL-,-AR, AZ,-CA;-C0, CT DE, FL-GA,-IA. ID,------ KS, LA, MA, MI, MN, M0, MS, NC, NH, NJ, NM, NY, OH, PA, SC, TN, TX, VA, PR • National Council of Architectural Registration Boards (NCARB) HONORS Mike's designs have received 40 regional & national awards for architectural design, energy conservation and urban planning and have been featured in over 70 publications. ^tvs - . -; ,~ . R91KE EZELL. A1A RESUME PORTFOLIO CONFERENCE CENTERS AT&T Southern Region Headquarters, Atlanta, GA BellSouth Headquarters, Atlanta, GA Georgia Mountains Center, Gainesville, GA Hartford Life Insurance Company, Simsbury, CT Johnson City Conference Center, Johnson City, TN Merrill Lynch Conference Canter, Jacksonville, FL Merrill Lynch Conference Center, Englewood, CO Merrill Lynch Conference Center, Hopewell, NJ PUBLIC ASSEMBLY /CONVENTION CENTERS Albany Civic Center, Albany, GA Arlington Convention Center Expansion, Arlington, TX Boise Convention Center, Boise, ID Branson Convention Center, Branson, MO Broward County Convention Center, Ft. Lauderdale, FL Columbia Metropolitan Convention Center, Columbia, SC Connecticut Convention Center; Hartford, CT Georgia World Congress Center, Phases I and II, Atlanta, GA Henry B. Gonzalez Convention Center Expansion, San Antonio, TX Hot Springs Civic Center Expansion, Phases I and II, Hot Springs, AR Hyatt Grand Cypress Ballroom Expansion, Orlando, FL Lubbock Civic Center Renovation, Lubbock, TX McAllen Convention Center, McAllen, TX Overland Park Convention Center, Overland Park, KS Palm Beach County Convention Center, West Palm Beach, FL Pensacola Auditorium, Pensacola, FL Prisma Children's Museum, San Juan, PR Puerto Rico Convention Center, San Juan, PR Richmond Coliseum Renovation, Richmond, VA Richmond Convention Center, Richmond, VA River Center, Davenport, IA 'San Juan Expo and Sports Arena, San Juan, PR Statehouse_Convention.Center_Expansion,. Little_Rock,. AR__-_ _ Springfield Convention Center, Springfield, MA Worcester Convention Center, Worcester, MA ONFERENCES & CONVENTION CENTER STUDIES /PRELIMINARY DESIGN Atlantic City, NJ • Bayamon, PR • Biloxi, MI • Bowling Green, KY • Cincinnati, OH Clearwater, FL • Columbia, 5C • Green Bay, WS • Irving, TX • Lancaster, PA Lubbock, TX • Lynchburg, VA • Milan, Italy • Nashville, TN • New Orleans, LA Pittsburgh, PA • Richmond, VA • San-Jose, CA • Vancouver, MA • Virginia Beach, VA West Paim Beach, FL DUCATION Agnes Scott College, Alston Campus Center, Decatur, GA Agnes Scott College, McCain Library, Decatur, GA t~s SPECIFIC IN-HOUSE PERSONNEL • LEAD DESIGNER SPECIFIC IN-HOUSE PERSONNEL LEAD DESIGNER PROJECT REFERENCES HOT SPRINGS CONVENTION CENTER City of Hot Springs, AR Client Contact City of Hot Springs Steve Arrison 5013213027 OVERLAND PARK CONVENTION CENTER Overland Park, KS Client Contact City of Overland Park Bob Lowry 9133956040 STATEHOUSE CONVENTION CENTER Little Rock, AR Client Contact Statehouse Convention Center Barry Travis 5013703200 Contractor Contact Fluor Daniel John Eisman 864~81~4400 Contractor Contact Turner Construction Company Dewey Newton 816~?83-0555 Contractor Contact East-Iardley, Inc. Robert East 301~661~646 __ ___ _ _ _______ _______________MER_ RIL.L_LYNCH CON_FE.RENCE__CENTER._______ Englewood, CO Client Contact Contractor Contact Merrill Lynch For FL ik Denver, CO Facilities Harry Ferguson (now with Hunt Construction) Rick Petty 609~93G~100 609~936a100 For Hopewell, NJ Facilities Tim Vaughn 609~936a100 tvs LEAD DESIGNER SPECIFIC IN-HOUSE PERSONNEL IDEAL FIT Mike's experience in a ~a~ide variety of conference facilities has prepared him well to provide team leadership for the Town of Vail Conference Center. His experience in public conference facility projects has provided a broad understanding of doing design under the microscope of the public eye. The key to his success on these projects has been his ability to integrate the wide variety of input, which is often filled with conflicting messages, into a design solution that meets the community's aspirations and needs. His involvement in over thirty similar projects has also given Mike experience in managing the large design teams such projects demand. Cost is always an issue in both public and private sector projects. Mike's experience in both arenas has uniquely prepared him to work within the constraints of both the budget and schedule and make decisions that provide maximum value for the client. PERSONAL REFERENCE Capital City Economic'Development ALtthority . Chuck Sheehan. Executive Director 860~527~0100 ^tvs RESU!dE • KEti STOCKDELL. 1R.. AIA KEN STOCKDELL, JR., AIA ASSOCIATE PRINCIPAL Since joining TVS in 1984, Ken has contributed programming, planning and design expertise to most of the firms convention and meeting projects. Ken founded and leads the TVS Public Assembly Strategic Services Group, which focuses on bringing clients the most up•to•date and trendsetting solutions to meet the strategic goals of each facility. With expertise on four of the nation's fire largest convention centers, multiple international consultants, and key contacts with facility operators, meeting planners, show decorators and technology speakers, Ken is a frequent speaker at industry events and contributor to industry publications. Ken's group helps each project s design team tailor a unique and successful solution by focusing on meeting industry best practices, future wends and the firm's collective experience in the design of over 70 comrention and conference center projects. EDUCATION • Master of Architecture, Georgia Institute of Technology, 1984 • Bachelor of Science, Georgia Institute of Technology, 1981 AFFILIATIONS • Member, American Institute of Architects REGISTRATION • Registered Architect, State of Georgia HONORS • National AiA Honor Award for Architecture, McCormick Place South, 2001 • National AIA Honor Award for Urban Design, Pennsylvania Convention Center, 2000 • Design Award of Merit, AIA Georgia, Hot Springs Convention Center, 2000 • Honor Award, AIA Alabama, Mobile Convention Center, 1994 • Honorable Mention, Atlanta Decorative Arts Center Southeast Designer of the Year, Mobile Convention Center, 1984 • Citation of Merit, AIA/Gulf States Region, Mobile Convention Center, 1994 KEN STDCKDELL, JR., AIA • RESU4IE l ~ ~~ } ~ ~~` ~;, , d ~-- kJ .~ h:Y ~~-. ~• i:, r~ ~. ~ ~.~ r -'~ .~ } a PORTFOLIO PUBLIC ASSEMBLY /CONFERENCE /CONVENTION CENTERS Boise Convention Center, Boise, ID Colorado Convention Center Developer Proposal, Denver, CO Ernest N. Morial New Orleans Exhibition Hall, New Orleans, LA Henry B. Gonzalez Convention Center, San Antonio, TX Hot Springs Civic and Convention Center Expansion, Hot Springs, AR Knoxville Convention Center, Knoxville, TN McCormick Place South Hall Expansion, Chicago, IL McCormick Place West, Chicago, IL Mobile Convention Center, Mobile, AL Pennsylvania Convention Center, Philadelphia, PA Savannah International Trade and Convention Center, Savannah, GA Statehouse Convention Center Expansion, Little Rock, AR Washington Convention Center, Washington, DC 0 MEETING INDUSTRY STUDIES! PRELIMINARY DESIGN Atlanta, GA Manchster, NH Pittsburgh, PA Tampa, FL Charlotte, NC Savannah, GA Macan, GA Washington, DC Cincinnati, OH Hickory, NC Syracuse, NY Swaziland Denver, CO Dallas, TX San Jose, CA South Africa RESU'AE L{Z NEISVYAtiJER: AIA LIZ NEISWANDER, AIA PRINCIPAL /INTERIOR DESIGNER Since ,joining TVS in 1985. Liz has worked almost exclusively in the hospitality. conference and convention center market sector. ,~s both a rob stored architect and an NCIDQ certified designer, Liz is able to bring a unique influence to the interior architecture and design of her projects. Her experience began with convention center projects, where her approach contributed to creating integrated architectural and interior design solutions of a hospitality quality level. She has been involved with a wide range of projects including the AIA Award winning McCormick Place South Hall and the recently opened ~~Jashington DC Convention Center. Her hospitality approach to meeting space design has transitioned her well to serving our hotel clients interior design needs. Thoughtful design that integrates with the architecture, attention to detail. and cost effective solutions are principles that guide her work. EDUCATION • Master of Architecture, Georgia Institute of Technology, 1985 • Bachelor of Science, Georgia Institute of Technology, 1983 AFFILIATIONS • Member, American Institute of Architects REGISTRATION • NCIDO Certified Interior Designer - • Registered Architect,-State of Gec HONORS • National AIA Honor Award for Architecture, McCormick Place South, 2001 • National AIA Honor Award for Urban Design, Pennsylvania Convention Center, 2000 • First Place -Public Spaces, Annual Interiors Magazine Award, Best Public Space, McCormick Place South Building Expansion, 199$ • First Place -Public Spaces, Annual Interiors Magazine Awards, Charlotte Convention Center, 1996 • AIA Georgia Design Award, Pennsylvania Convention Center, 1995 • AIA Honor Award, AIA North Carolina Chapter Design Awards, Charlotte Convention Center, 1995 • Interior Architecture Award, AIA Chicago Design Excellence Awards, McCormick Place South,1997 • AIA Georgia Design Award, McCormick Place South, 1997 ~;' ~_~: '+~ ^tvs ltZ NEISWANDER. AIA • RESUME PORTFOLIO PUBLIC ASSEMBLY/ CONVENTION CENTERS Washington Convention Center, Washington, D.C. McCormick Place South Hall Expansion, Chicago, IL McCormick Place West Hall Expansion, Chicago, IL McCormick Place Conference Center, Chicago, IL Miami Beach Convention Center, Miami, FL Orange County Convention Center Phase V, Orlando; FL . Pennsylvania Convention Center, Philadelphia, PA Pennsylvania Convention Center Expansion, Philadelphia, PA Raleigh Convention Center, Raleigh, NC Georgia World Congress Center Phase II, Atlanta, GA Georgia World Congress Center Phase III, Atlanta, GA Savannah International Maritime & Trade Center, Savannah, GA Bayfront Convention Center Expansion, Corpus Christi, TX Worcester Convention Center, Worcester, MA Charlotte Convention Center, Charlotte, NC Ernest N. Morial New Orleans Convention Center, Phase V, New Orleans, LA Mobile Convention Center, Mobile, AL Henry B. Gonzalez Convention Center Expansion, San Antonio, TX CONVENTION CENTER STUDIES /PRELIMINARY DESIGN Charlotte Convention Center Feasibility Study and Expansion Feasibility Study, Charlotte, NC Cumberland County Coliseum Feasibility Study, Fayetteville, NC Colorado Convention Center, Developer Proposal, Denver, CO Ernest N. Morial New Orleans Convention Center, New Orleans, LA PUBLIC ASSEMBLY /INTERIOR DESIGN COMMISSIONS Georgia World Congress Center Interior Refurbishment, Atlanta, GA M:6-Benton, Jc-6onvention and-Givic6enter Renovation,-Winston-Salem, Lubbock Memorial Civic Center Renovation, Lubbock, TX Georgia Veterans Memorial Park Conference Center, Cordele, GA Georgia Tech Student Center Ballroom Renovation, Atlanta, GA IOTEL The Inn on Biltmore Estate, Asheville, NC Marriott Marquis Exhibit Hall Renovation, Atlanta, GA Marriott World Center Exhibit Hall Expansion, Orlando, FL Gulf State Park Hotel and Convention Center, Gulf Shores, AL ^tvs RESU?d[ • THOMAS L INGRAIA THOMAS L. IIVGRAM SENIOR ASSOCIATE Since joining TVS in 1995, Tom has had lead project rotes in a variet)~ of project t;~pes including conference center, educational facilities, convention centers, and hotels. Tom has been instrumental in aIL phases of the design process from master planning and schematic design to co>utruction documents and const~~uction administration. EDUCATION • Masters of Architecture, University of Virginia, 1995 • Bachelor of Science in Design,' Clemson University, 1991 AFFILIATIONS • Member, American Institute of Architects • Mary Hills Neighborhood Association Board Member, 2000-2003 • TVS Technical Committee Chairperson, 1998-1999 • TVS Marketing Committee Co-Chairperson, 2002-2003 AWARDS • Georgia AIA Sustainable Design Award, Atlantic Station Master Plan REGISTRATION • Registered Architect, State of Georgia THOMAS L. INGRAM RESUME PORTFOLIO EDUCATIONAL FACILITIES Lower School Library and Classroom Building, Atlanta, GA Holy Innocents Episcopal School, Atlanta, GA CONFERENCE CENTERICONVENTION CENTER McCormick Place Conference Center and Pedestrian Bridge, Chicago, IL McCormick Place Master Plan, Chicago, IL Palm Beach County Convention Center, West Palm Beach, FL Connecticut Convention Center, Hartford, CT HOTEL Hyatt Regency McCormick Place, Chicago, IL Hyatt Regency Calgary at Telus Convention Center, Calgary, Alberta, Canada Omni Hotel Master Plan, Atlanta, GA PARKING McCormick Place Parking Facilities, Chicago, IL Connecticut Convention Center Parking, Hartford, CT ATHLETIC FACILITIES Ed Isakson / Alpharetta YMCA, Alpharetta, GA LVS SPECIFIC IN-HOUSE PERSONNEL • ESTIAdATED TIME ON PROJECT & CURRENT WORKLOAD "~ SPECIFIC IN-HOUSE PERSONNEL ESTIMATED TIME ON PROJECT & CURRENT WORKLOAD MICHAEL EZELL, AIA PRINCIPAL IN CHARGE Estimated time specifically dedicated during the design process ••20 hrshvk Estimated time specifically dedicated during the construction process ••2 hrs/wk Cun•ent Workload • Puerto Rico Convention Center ••2 hrshvk • Branson Convention Center ••12 hrs/wk • Connecticut Convention Center ••2 hrs/wk LIZ NEISWANDER, AIA PROJECT INTERIOR DESIGNER Estimated time specifically dedicated during the design process ••12 hrshvk Estimated time specifically dedicated during the construction process ••2 hrs/wk Current Workload • Raleigh Convention Center ••12 hrs/wk • Man•iott World Center Ballroom ••12 hrs/wk • McCormick Place West ••4 hrs/wk KEN STOCKDELL, JR., AIA CONFERENCE CENTER SPECIALIST Estimated time specifically dedicated during the design process ••12 hrs/wk Estimated time spec~cally dedicated during the construction process ••2 hrs/wk Current Workload ---- -- - - ------ - - --- - - -- - --• Palmetto-Expo Center Renovation Master Plan--8-h> /wk- ----- -- --- ---- • Raleigh Convention Center ••4 hrs/wk • Ocean Center Expansion ••4 hrshvk THOMAS INGRAM PROJECT MANAGER Estimated time specifically dedicated during the design process ••36 hrshvk Estimated time specifically dedicated during the construction process ••4 hrshvk Current Workload • Connecticut Convention Center ••36 hrslwk through July 2004 tvs RESUldE BRIAV JUDGE, .41A BRIAN JUDGE, AIA PRINCIPAL Brian is a founding principal of VAg Inc. architects and planners, a resort planning and design firm in Vail Colorado in ]996. Brian not only manages the day to day business practices but is a driving talent in the design and costing of VAg projects that establish the firm as a leader in the industry. Brian has extensive mountain resort development and construction management knowledge with background experience in Colorado, Connecticut, California, New ?Mexico. Massachusetts and Mexico. With 16 years of experience in Archi.tectw•e as Managing Partner or Project Architect of large scale projects he manages client and consultant teams both timely and responsibly. Brian's project experience includes large scale and complex projects such as the Yale Division of Neuroanatomy, the Yale Medical Library, the Yale Psychiatric Institute, the Kadlec Medical Center and the Colorado Health Center. Most recently his. diversification into recreation resort communities includes Cordillera, Mayacama, the Grand ELk Ranch ar~d Chrb, Ute Lake Ranch and Marina and the Riverside Community. This specific mountain experience is complimented by many multi-use facilities, one of which is the Donovan Park Pavilion, and mountain lodges including. Elkhorn Lodge and Brookside Lodge. His extensive experience in working with diverse committee and community groups and knowledge of the local market will be an asset to the team. Brian's responsibilities have ranged from client and project management to feasibility studies and product marketing. Other responsibilities encompass land use assessment, governmental approvals, zoning and density interpretation, feasibility alld economic model testing, programming, interior design, architectural design, site design, systems design, environmental research, cost artd flow studies, cost estimating, documentation, constructabiliry review. construction administration and post completion surveying. EDUCATION • University of Colorado, Bachelor Degree 1988 • Yale University Continuing Education Series in Architecture 1989-1991 AFFILIATIONS • Member, American Institute of Architects REGISTRATION • Registered Architect :State of Colorado ~:, NAtdE BRIAN JUDGE, AIA '~ ~ rs-~-s=' +. -'r. - ~. ,,e, ~,~,*~J "`. ~:. ,' e .:Ca'r;tr.fP'-Ili;'•'i?'~'Yiea;+ ,pp~ f_.. ~. - -" 3"• "+ {~ - g:~. Cg "" :i;r .. r ~~, PORTFOLIO Grand Elk Ranch and Club Maintenance Facility, Pump House, Activity Center, Master Plan, Clubhouse, Lodge Granby, Colorado Ranches at Five Pine Mesa Maintenance Facility, Activity Center, Master Plan, infrastructure Toponas, Colorado Wildhorse Marketplace mixed-use center including office space, retail and restaurant Steamboat Springs, Colorado Cordillera Community Cordillera Valley Club Cart Barn, Cordillera Trailhead, Cordillera Valley Club Clubhouse, Cordillera Valley Club Outbuilding Edwards, Colorado " the Mayacama Golf Club Santa Rosa, California Carey Residence, Cordillera Valley Club Cordillera, Colorado Beasley Center, Commercial Conversion Eagle, Colorado Elkhorn Lodge Beaver Creek, Colorado March-1997-:-ZehrenandAssociates----- ---------------------------------- - Yale Psychiatric Institute , New Haven, Connecticut December 1991 frank Gehry and Associates RESU4IE • DAVID BAUM DAVID BAUM SENIOR PROJECT ARCHITECT David brings diverse project experience to VAg, Inc. Architects & Planners that includes work in both the private and public realms and work on many types of projects. Inchttied in David's portfolio of work are residential, renovation, primary and. higher education, large and small scale public facilities, private professional offices, healthcare. restaurants. athletic facilities, religious buildings, retail and commercial spaces. David has been responsible for design, project master planning, progranuning, marketing, client relations, public relations, human resources, budget and feasibility studies, production and interors during his career. .David's focus on golf coupe clubhouses and country clubs, university buildings, restaurants and retail, community centers as well as high end custom residential, has included major projects such as the Marianna Kistler Beach Museum of Art in 'Manhattan. Kansas (a collaborative effort with WAI and the late Charles IV~ioore of 'v~toore/Andersson Architects in Austin, Texas), and Borders Book Store in Overland Park, Kansas. David's career at an award ~~-inning firm offered hire the opportunity to pursue more public oriented work such as educational facilities, churches and civic facilities including fire stations, municipal centers, rec. centers and con•ections facilities. ~lotabl.e projects completed while at that firm include; The Christ Lutheran Chw-ch and School in Overland Park, Kansas. The Barstow School in Kansas City, Missouri and Leavenworth Justice Center in Leavenworth, Kansas. In August 1999, David came to the Vail Valley. Focusing on custom residential and renovation, David completed several successful residential projects. Other notable work included projects with the Vail Recreation District, Vail Orthopedics and Sports i~iedicine and the Eagle County Ambulance Dist<ict. Noav with VAg, Inc. Architects & Planner, David is overseeing the design of a 100.000 -- ----- -- s~f: retail centerin Steamboat,Springs. Colorado: ------ ------ -------- -------- EDUCATION • Kansas State University, Bachelor of Architecture -May 1994 • ITALART, Castiglione Fiorentino, Arezzo, Italy -Foreign Studio, 1993 REGISTRATION • Registered Architect, State of Colorado RESUME • DAVID BAUM z. ... -.. __._. _...-'..8 - .~... _. ~: PORTFOLIO Wildhorse Marketplace mixed-use center including office space, retail and restaurant Steamboat Springs, Colorado Vail Orthopedics and Sports Medicine 5,000 s.f. medical office building Edwards, Colorado with Fritzlen Pierce Architects Christ Evangelical Lutheran Church 24,000 s.f. (phase 1) Church and School Overland Park, Kansas with Shaughnessy Fickel and Scott Architects The Barstow School 16,000 s.f. Lower School addition Kansas City, Missouri with Shaughnessy Fickel and Scott Architects The Leavenworth Justice Center 100,000 s.f. Justice Facility Leavenworth, Kansas with Shaughnessy Fickel and Scott Architects The Marianna Kistler Beach Museum of Art 26,000 s.f. Art Museum Manhattan, Kansas with Wiedeman Architects j, ,:air ~. . RESUME ANNE GUNION, AIA ANNE.GUNION, AIA DESIGN TEAM LEADER Anne is a founding principal of VAg, Inc. Architects & Planners in Vail. Colorado. A resort planning and design firm, Anne oversees the day to day office management, project facilitation and client service. She is also a top designer at VAg and, in collaboration with Brian and her team, has established VAg Inc. as an excellent design company. Anne began her career in Chicago. she completed many large proejcts, one of which is thie Argon National Laboratory. Since then. she has lived in Colorado and the Vail Valley for 14 years. Here she has guided countless projects through intense and complex en[itlement guidelines and public in put processes: Her knowledge and experience helped garner initial Town of Vail board approvals, which where an integral step in the completion of the Donovan Park pavi.lion's 16 month design and construction schedule. In addition, she has brought to completion the Final Development Plan of 100.000 sf commercial. office, and retail project, the Wildhorse Marketplace in Stemboat Springs. Anne's project experience has allowed her to diversify geographically including California, Illinois, Indiana, New Mexico, Ivlassachussetts, Arizona, Alaska, and Colorado. This diversification has exposed Anne to presentations in front of multiple professional, governmental and public boards and multiple guidelines, regulations and processes. Finally, Anne has sat on the other side of the table for four different boards and cun•ently sits on two. Her combination of superior design styles and in-depth knowledge of design and consu~tlction projects make her uniquely qualified as the Team Leader for the Town of Vail Conference Center. EDUCATION • University of Notre Dame, Bachelor of Architecture -May 1990 "- - -- -"-- -Graduation witfi the Edgar T. Sollit Award for Best Thesis ------ -- --- - - - -- - -- • University of Notre Dame -Rome Studies Program AFFILIATIONS • American Institute of Architects • Member- Beaver Creek Design Review Board • Member - PEC Town of Vail • Member - NCARB • Former Member - P&Z. Town of Avon • Former Member - Spraddle Creek DRB REGISTRATION ~ • Registered Architect: Colorado, California, Massachusetts ~~, RESUME • ANNE GUNION, AIA PERSONAL REFERENCES: Ludwig Kurtz -Mayor, Town of Vail (970)845-5973 Don Zerangue -Slifer Smith & Frampton Real Estate (970) 926-1042 PORTFOLIO Town of Vail Donovan Park Pavilion Mulit-use assembly facility Vail, Colorado Owner Contact -Diana Donovan (970)476-2789 Contractor Contact -David Viele J.L. Viele Construction,lnc. (970)476-3082 Squaw Creek ietropolitan District/Cordillera Metropolitan District Administration Building, Fire Stations, Community Center Cordillera, Colorado Owner Contact -Rick Boyd (970)926-0537 Contractor Contact -Clark Atkinson Shaw Construction (970) 242-9236 Wildhorse Marketplace Mixed-use center including office space, retail and restaurant __ _. Steamboat Springs,_Cobrado ___ _ _ Owner Contact -Whitney Ward (970)748-5005 Contractor - Greystar (303) 382-0268 Lodge at Brookside Mixed-use center including office space, retail and restaurant Avon, Colorado Owner Contact and Contractor -Kirk Hanson with Resort Concepts (970) 949-9432 RESN^.tE • C4RISTY D'A.GOSTINO, AIAA CHRISTY D'AGOSTlNO, AIAA SENIOR PROJECT MANAGER Christy. a Colorado native, has specialized in 1,~tountain and Resort Architecture since 1996. Her responsibilities as a Senior Project Manager at VAg. Inc. Architects & Planners have included project design and management of public facilities, resort cornmuniry master planning and custom single-family and multi-family residences. She IZ~rs acquired eartensive experience in presentation graphics, oral presentations before numerous public. and private boards, construction documenatation, construction administration, and consultant coordination. Her broad range of experience, which includes project types extending from highly detailed and customized single-family residences to luxury ski-in and ski-otrt Lodges has hones her skills in a multitude of architectural languages ,from the uve timber and I.og frame to the more elaborate and organic forms of "Parkitecture° and the Adirondack styles. Christy has completed projects throughout the Vail Valley and mountain communities of Colorado, thus she is well versed in creatively responding to design guidelines and site constraint issues while still satisfying client concerns and wishes. Her detailed work on these projects is complimented by her ability to manage multi-use facilities such as the Donovan Park Pavilion in the Tovvn of Vail, the Firehouse at Chaveno in Cordillera. and the Ironbridge Activity and Fitness Center in Glenwood Springs. Christy is a LEED Accredited Professional. Thus she has played a key role in guiding VAg, Lic. Architects & Planners to join leaders across the building industry who are working to promote buildings that are environmentally responsible and dedicated to die' green building sector that is positively changing the way buildings are designed, built. and maintained. EDUCATION •-University of Colorado,-1995- --- Bachelor of Environmental Design AFFILIATIONS • American Institute of Architects, Associate Member • Habitat for Humanity, Eagle County REGISTRATION • LEED Certified Professional !! df ~j, RESUME CHRISTY D'AGOST;NO. AIAA PORTFOLIO Town of Vail Donovan Park Pavilion Vail, Colorado May 2002 to August 2003 ~~ '= Y ~.:''. ~~ ~:, Ironbridge Activity and Fitness Center, Clubhouse, Master Planning Glenwood Springs, Colorado Novemher 2002 to January 2004 Squaw Creek Metropolitan District Firehouse at Chaveno Fire station and living quarters Cordillera, Colorado Spring 2002 to March 2003 Westwall Lodge Luxury ski-in and ski-out lodge at the base of Mt. Crested Butte, Crested Butte. Colorado Summer 2004 Construction Start w/ Zehren & Associates, Inc Kensington Green 57 Cottage Homes around a Dave Peiz Par 3 teaching course Divide at Cordillera Completed Fall 2001 w/Zehren & Associates,lnc Beaver Creek Cfub - A ski-irr and ski-out-mountain multi-use.club,. including a lounge, kitchen, and members lockers Beaver Creek, Colorado Completed January 1998 f~ ,~c MEMORANDUM TO: Town Couricil FROM: Community Development Department DATE: August 3, 2004 SUBJECT: Ordinance No. 17, Series of 2004, an ordinance amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. . Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting an amendment to Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision. The applicant's primary purpose for this application is to designate Track K as a separate development area to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District (ERWSD) and Vail Amoco sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). II. BACKGROUND On July, 12, 2004, the Tawn of Vail Planning and Environmental Commission voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to Special Development District #4, Cascade Village. The Commission's recommendation was based upon the review of the criteria noted in the July 12, 2004, staff memorandum and the evidence and testimony presented, with the findings noted in the July 12, 2004, staff memorandum. The July 12, 2004, staff memorandum to the Planning and Environmental Commission has been attached for reference (attachment B). Ordinance No. 17, Series of 2004, has been attached for review (attachment A). This ordinance has been drafted to include the allowable and conditional land uses for Development Area E as recommended by Staff and the PEC, and agreed upon by the applicant. VIII. CRITERIA FOR REVIEW The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent 1 with the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves, with a condition, Ordinance No. 17, Series of 2004, on first reading to amend Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision. Staff's recommendation is based upon the review of the criteria noted in the July 12, 2004, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. ~ Should the Town Council choose to approve Ordinance No. 17, Series of 2004, on first reading, the Community Development Department recommends the Town Council makes the following findings: 2 - "That the proposed major amendment to Special Development District #4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto, complies with the nine design criteria outlined in Section 72-9A-8, Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the ommission ased upon the testimony and evidence presented, that any a verse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the lends that the request is consistent with the development goals and objectives of the Town." Should the Town Council choose to approve Ordinance No. 17, Series of 2004, on first reading, the Community Development Department recommends the following condition of approval: Prior to the Town Council's second reading of a ordinance amending Special Development District #4, Cascade Village, the applicant shall submit written documentation to the Town of Vail Community Development Department demonstrating that the amendments are consistent with all provisions of the Protective Covenants of Glen Lyon Subdivision. V. ATTACHMENTS Attachment A: Ordinance No. 17, Series of 2004 Attachment B: Staff memorandum to PEC dated July 12, 2004 G~~ 3 Attachment: A ORDINANCE NO. 17 Series of 2004 AN ORDINANCE AMENDING ORDINANCE NO. 28, SERIES OF 1998, SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its ,meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in ~+,-;Uo +h r~~,,,hiadditions are shown in bold italics) Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Develo pment Area Acreage Cascade Village ~ A 17.955 Coldstream Condominiums ' B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 7.520 Dedicated Open Space 32.880 Roads 4.700 TOTAL 97.955 Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in stye-t#fet~-ladditions are shown in bold italics) Development Plan -Required -Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans ~ or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in strilce~~Jadditions are shown in bold italics) Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12- 7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or 2 "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; ' 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1.Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tract K 3 _ 7. Nature Preserves 2. Passive outdoor recreation areas and open spaces Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in c+riLo +hrni .^h~additions are shown in bold italics) Conditional. Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots c 1. Public park and recreational facilities; ,~ 2. Ski lifts; 4 D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 7. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 3. Public utility and public service uses 4. Ski trails 5. Snowmaking facilities 6. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. 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 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any righit which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision 5 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously. repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3~d day of August, 2004 and a public hearing for second reading of this Ordinance set for the _day of 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. j Ludwig Kurz, Mayor l Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this i i _day of , 2004. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk 6 _ Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: July 12, 2004 SUBJECT: A recommendation to the Vail Town Council of a major amendment to a Special . Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Cascade Village, to allow for a new development area located at Tract K, Glen. Lyon Subdivision, and setting forth details in regard thereto. Applicant: .Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson I. SUMMARY The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final review of a major amendment to Special Development District #4; Cascade Village (SDD #4), to allow for a new development area located at Tract K, Glen Lyon Subdivision. Based upon Staffs review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final review of a major amendment to Special Development District #4, Cascade Village (SDD #4), to designate Tract K, Glen Lyon Subdivision, as a new "development area" (i.e: Development Area E) within SDD #~. The primary purpose for this application is to designate Track K as a separate development area to facilitate the construction of a new snowcaf access road generally located south of the Eagle River Water and Sanitation District (ERWSD) and Vail Amoco sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). -Tract K is currently designated as part of the "Dedicated Open Space" area of SDD #4 (refer to page 3, of Ordinance 23, Series of 1998). The provisions of SDD #4 have not, and do not, include any approved development plan nor any established development parameters for the Dedicated Open Space areas (including Tract K). SDD #4 does not designate any permitted uses, conditional uses, or accessory uses for the Dedicated Open ~ Space. While the primary purpose for this application is to designate Track K as a separate development area to facilitate the construction of a new snowcat access road, another purpose for this proposed major amendment is to establish a list of allowable land uses for Tract K. The applicant's proposed permitted uses for Tract K are similar to those within the Open Space and Recreation Districts established by Chapter 12-8, Vail Town Code (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts). The applicant has proposed that the following land uses be permitted within Development Area E (i.e. Tract K): 1. Utility corridors and improvements 2. Mountain accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Code, Staff recommends the following uses be permitted on Track K: 1. Nature Preserves 2. Passive outdoor recreation areas and open spaces Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Code, Staff also recommends the following conditional uses be allowed on Track K, subject to the issuance of a conditional use permit: 1. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 3. Public utility and public service uses 4. Ski trails 5. Snowmaking facilities 6. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. A copy of the current SDD #4 regulations, Ordinance No. 23, Series of 1998, (attachment A) and a more complete description of the applicant's request (attachment B) have both been attached for reference. III. BACKGROUND The following is a brief summary of Tract K and SDD #4 history which is relevant to the proposed major amendment: • March 1976: Ordinance 4 of 1976 -Town of Vail annexes "Lionsridge" area • March 1976: Ordinance 5 of 1976 -SDD #4 established, Tract K is part of development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas A, B, & C. • November 1977: Ordinance 28 of 1977 -SDD #4 "Dedicated Open Space" development area designation created; however, the properties in this area are not identified. • April 1978: Glen Lyon covenant restrictions are adopted for Tracts B, C, D, E, F, G, H, J, K & "stream tract". • July 1978: Tract K is deeded from Gore Creek Associates to the Town of Vail. • August 1983: conditional use permit approved "to construct the Westin-Mo ski trail in Special Development District #4". • June 1986: conditional use permit approved "in order to construct a ski lift at Cascade Village" • June & September 1987: Glen Lyon covenants amended to allow bridges, lifts, mazes, trails, equipment, etc. for Tracts J, H, & "stream tract": • December 1988: Ordinance 40 of 1988 -SDD #4 repealed & re-enacted with "ski lift" conditional use allowed in areas A, B, 8~ C. The proposed snowcat access project has recently received Town of Vail approval for improvements to the Eagle River Water and Sanitation District property and a bridge across Gore Creek. The Design Review Board has reviewed and approved the proposed snowcat access road. The Planning and Environmental Commission and the Town Council have approved a retaining wall variance to facilitate the .construction of the road. The snowcat access road can not be constructed until SDD #4 is amended, the Town Council grants approval of easements for the road, and any potential conflicts with the Protective Covenants of Glen Lyon Subdivision have been addressed. IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding 2 recommendation ofapproval/denial/approval with conditions of a major amendment to a special development district to the Town Council. Design Review Board: Action: The Design Review Board has NO review authority on a major amendment to a special development district, but must reviews any accompanying Design Review Board application. .~ 3 Town Council: The Town Council is responsible for final approval/denial/approval with conditions of a major amendment to a special development district. Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with, modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project ,with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 12: ZONING REGULATIONS Article 12-9A: Special Development Districts (in part) 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in the following zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of this article. 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this title. 72-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of a special development district. A development plan shall be approved by ordinance by the Town Council in conjunction with the` review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with Section 72-9A-5 of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 72-9A-7: USES: Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses maybe permitted in residential special development districts if, in the opinion of the Town Council, such uses are primarily for the service and convenience of the residents of the development and the immediate neighborhood. Such uses, if any, shall not change or destroy the predominantly residential character of the special development district. The amount of area and type of such uses, if any, to be allowed in a residential special development district shall be established by the Town Council as a part of the approved development plan. 72-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 70 of this Title. ~ D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 1. Workable Plan:. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 72-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions; setbacks, height, density control, site coverages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 72-9A-8 of this Article. 12-9A-90: AMENDMENT PROCEDURES: B. MajorAmendments: 7. Requests for major amendments to an approved special development district shall.be reviewed in accordance with the procedures described in Section 72-9A-4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in subsection 12-3-6C of this Title. TOWN OF VAIL LANDUSE PLAN Chapter VI-2: Key Goals D. Parks and Open Space: 2) The preservation of open space was determined to be a high priority. The improvement of existing parks and open space areas, in concert with continued purchase of open space by the Town of Vail were both identified as priorities. Chapter VI-4: Proposed Land Use Categories (in part) OS Open Space: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still. be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN _ Tract. K is not addressed by the Comprehensive Open Lands Plan. VI. SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS As noted above, Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parkirig plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a. Special Development District. It shall be the burden of the applicant to demonstrate,that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. VII. SITE ANALYSIS Legal Description: Lot K, Glen Lyon Subdivision Zoning: Special Development District #4 Land Use Plan Designation: Open Space Current Land Use: Open Space and the Cascade Way trail VIII. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are .consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983. Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow for the construction of buildings. The proposed snowcat access road was reviewed and approved by the Town of Vail Design Review Board; therefore, Staff believes the proposed major amendment is compatible and sensitive to the immediate environment, neighborhood and adjacent properties. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. _ The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983; therefore, Staff believes the proposed major amendment is compatible, efficient and workable with the surrounding uses and activities. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. ~\ ~. 8 Staff does not believe that this major amendment is affected by the parking or loading requirements of Chapter 12-10, Vail Town Code. Therefore, Staff does not believe this criterion is relevant to this application. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the. Town's policy guidelines during the review process for the establishment of a special development district. Tract K is designated as "Open Space" by the Vail Land Use Plan. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: Chapter VI-2: Key Goals D. Parks and Open Space: 2) The preservation ofopen space was determined to be a high priority. The improvement of existing parks and open space areas, in concert with continued purchase ofopen space by the Town of Vail were both identified as priorities. Chapter VI-4: Proposed Land Use Categories (in part) OS Open Space: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included within this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space" and the policies, goals, and objectives. identified in the Vail Land Use Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, Development Area E (i.e. Tract K) is not located in any geologically sensitive areas or within the 100-year floodplain. Therefore, Staff does not believe this criterion is relevant to this application. 9 F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major amendment complies with this criterion. Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983. ~, The proposed snowcat access road was reviewed and approved by the Town of Vail Design Review Board; therefore, Staff believes the proposed major amendment is functional, responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The proposed major amendment will facilitate the construction of a new snowcat access road. This proposal will remove Vail Resorts' winter mountain maintenance traffic from public streets (i.e. West Forest Road). Staff believes this will have a positive affect on traffic flows and traffic safety. Additionally, the proposed major amendment will not negatively impact use of the existing Cascade Way trail or the existing bike trail along Gore Creek; therefore, Staff believes the proposed major amendment complies with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract I<'s current SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major amendment complies with this criterion. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. ~ As there is no phasing or subdivision plan associated with the major amendment, Staff does not believe this criterion is relevant to this application. 10 IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village. The Staff's recommendation of approval is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence presented on this application subject to the following finding: "That the proposed major amendment to Special Development District #4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto, complies with the nine design criteria outlined in Section 72-9A-8, Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town." Should the Planning and Environmental Commission choose to approve this major amendment request, the Community Development Department recommends the following conditions: The following uses shall be permitted in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village: 1. Nature Preserves 2. Passive outdoor recreation areas and open spaces 2. The following conditional uses shall be allowed in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village, subject to the issuance of a conditional use permit: 1. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 3. Public utility and public service uses 4. Ski trails 5. Snowmaking facilities 6. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. c 11 3. Prior to _the Town Council's second reading of a ordinance amending Special Development District #4, Cascade Village, the applicant shall submit written documentation to the Town of Vail Community Development Department demonstrating that the amendments are consistent with all provisions of the Protective Covenants of Glen Lyon Subdivision. X. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Applicant's request Attachment C: Ordinance 23, Series of 1998 Attachment D: Draft Ordinance No. 17, Series of 2004 Attachment E: Public Comment Attachment F: Public Notice 0 c 12 • pry ~n ~ ~~~ ~ - r ~yy ~ ~~r ~ - ~~. h. x~~ ~} ~~. + . ~r-;. '~~ ~~!1 I ( t ., I ~ ~'s i, _~..r .1'~ , ,~ ~ , ~~- ~t ~ i I ~l. t~~~ (` S b S ~ ~ ~ . ~ ~ ~~~~ ~ ~ ~~ k r t ~~ :" ~ ~3 UU r ~ ~~~ ~ . a ~ ~:: i i ~ - r.- ~,;., ~' ~~ -~Sou'~h ~ z ~ p ., f y~.~ ~. { _ .1$j* J r 4 ~:'~ ~1~ PP-y~4„ 0.Q S§ k - r t - 41 ~.- 'l ,. fiF k i! .71'~~~ '{~T ~ Z '., e + f ++A}} 7 ~~ ~i<< .'`s ~ .. l~ . F ( _ Y = ~"~ ' ! k_: ~~ , ~~ f ~ °t~~~'' A ~ 1 2 J~~ ~q~~ ~,,. u ~ „r~ ~ ~~_` ~ x . YY. ~i. _- - r ~~ ~; _- ~- ~ ~ ~.$ ~ ~ v ~ r ~ -' s E ~~ µ c ~~ ~r~, ._ a ~~tAr ¢.,~ ~ - -~~ U - ~~ ~ Wit' ~~ %¢ o t ~ ~ °'?' ~`~`~& ~',~~~ ~ i ., },i sJ ?' }fit } ~. n .5~ i ~' it ,~_-'~~,~A.,... ~~~ .LU.~. ~ri!~.+~-~C ~~:.~%~-11~~~.r !.''~~2'~. ~''~c .. S~~~~'4.. . r~8'~' } ~~~' ~~ t"3r's Syy`wl ~ ~ .~.~ Yl ~ - ~s f, ~ t tF r t-r z n ,~~ F ~ ~ l~JV e F 4t:-- _ != ~~ 1 +iya t ~ ~~, J 3~ ~~ ~. ~.A n '~'` -6a ~ t ~ ~ .P i° qL'. t~~ T t t v mow. Attachment: B PROPOSED AMENDMENT TO GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4 June 1, 2004 PURPOSE OF THIS AMENDMENT This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A portion of this accessway is located on Tract K which is a part of SDD #4. The purpose of this SDD amendment is to correct and clarify existing and allowable uses within Tract K. BACKGROUND ON SDD #4 SDD #4 was originally approved in 1976. This SDD is unique from most other SDD's in two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone district. Typically a SDD references an underlying zone district and this zone district then establishes land uses permissible within the SDD. Secondly, SDD #4 includes reference to specific permitted, conditional and accessory uses that are allowed in the SDD. SDD #4 has been amended a number of times over the years. Amendments have addressed a range of topics, primarily allowable uses, development level and changes to development. areas. When originally approved in 1976, SDD #4 was divided into four distinct "development areas". Development Areas A-D consisted of approximately 97 acres and allowed for a wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing mixed-use character. In 1977 SDD #4 was amended to include the same four Development Areas (Areas A-D) with the addition of a 40.4 acres "Dedicated Open Space" category. There is no indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated Open Space". As indicated in the 1977 amendment, the total land area of the SDD was approximately 92 acres. SDD #4 was amended a number of tunes following the 1977 amendment, most recently in 1998. There is no indication in any of these amendments as to what land uses are permissible within the "Dedicated Open Space" category. Tract K~is a part of the "Dedicated Open Space" category. Tract K was deeded to the Town of Vail in 1978. BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY Vail Resort's submitted plans to the Town this past fall in order to construct a new snowcat accessway. This new accessway is intended to provide a new snowcat route to Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road. A portion of the snowcat accessway is located on Tract K. As such, VR requested and was granted permission by the Town Council to proceed through the review process in order to obtain approvals for the snowcat accessway (and related improvements including a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping). VR has all but completed this review process. The PEC has approved a variance to maximum retaining wall heights and the DRB has approved the design of the project. The Town Council has approved two of the four easements necessary for the project and a building permit application has been submitted for the snowmaking intake/vault portion of the project. In April of 2004 a 1996 letter was provided to the Town from a property owner in the Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to the Glen Lyon neighborhood. The letter outlined a process for the review of a new mountain access road that would be located in part over Tract K. The accessway location and design contemplated in 1996 was very similar to the plans currently being proposed by VR. This letter indicated that the accessway would require amendments to SDD #4. In deference to this 1996 letter, it has been determined that in order for the new snowcat accessway to proceed SDD #4 will need to be amended in order to allow for snowcat accessways on Tract K. In addition, it has been determined that the existing Westin Ho skiway was likely approved in error. While a conditional use permit for this skiway was approved in 1983, there appears to be no basis for this request as neither "skiway" or "catwalk" appear to be a permitted or conditional use within Tract K. This condition will also be remedied by the proposed amendment to SDD #4. PROPOSED AMENDMENTS The following amendments and development approvals are proposed to SDD #4: ^ Create a new development area -Development Area E, this area will consist of "Tract K". ^ Establish allowable uses within Development Area E to include: Permitted Uses 1. Utility corridors and improvements 2. Mountain accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements Approve a development plan for Tract K-Development Area E. This plan includes all or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the bridge and the snowcat accessway. Ari existing conditions map and a development plan are provided herein. In order to more clearly define the approved development plan for Tract K, it is anticipated that the ordinance approving this SDD amendment can also reference the previously approved plans for the bridge, snow-making facilities, accessway and retaining walls located within Tract K. REVIEW CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of theirs is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Response Numerous snowcat access alignments have been studied over the years. The proposed route minimizes impacts on the site and impacts to surrounding neighborhoods. When compared to the existing snowcat route up West Forest Road, the proposed route presents a much snore sensitive solution for the immediately surrounding neighborhoods and the community as a whole. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response The limited uses~proposed for Development Area E are consistent with Tract E "open space dedication" designation, with existing uses of Tract E and with surrounding uses and activities. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Response ; Not applicable. ~~ D. Comprehensive Plan: Confornlity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Response The removal of snowcats from West Forest Road is a stated goal of the Lionshead Redevelopment Master Plan, an element of the Vail Comprehensive Plan. E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Response A geotechnical analysis has been completed in conjunction with the design of the snowcat access road. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Response The snowcat accessway has been designed in order to minimize both cutlfill slopes and site disturbance. An extensive landscape restoration plan has been proposed as a part of the bridge/snowcat accessway. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response The new snowcat access is proposed in order to remove snow cats from West Forest Road. This change will result in a much safer roadway condition and a reduction of traffic on this road. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Response A landscape plan has been provided as an~eleinent of the development plan for the bridge and snowcat accessway. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. (Ord. 21(1988) § 1) Response Initially proposed to be developed in one phase, the project is now likely to be developed in two phases. Phase I is expected to consist of the new snowmaking intake/vault, new snowmaking lines up Vail Mountain and a new bridge over Gore Creek. Phase I would be done the sununer/fall of 2004. Phase II would consist of the snowcat accessway up Vail Mountain. The timing for completion of Phase II is to be deternlined. If the SDD amendment process is resolved in a timely manner the accessway could be constructed in 2004. As an alternative, it is anticipated that the accessway would be constructed in 2005. GLEN LYON SDD #4 W~,~~Z ~: TRACT K AMENDMENT Z ~ ; , , , n t ", ~ ~ - y ~ ~y - ~,~ . _. - _ _ .-~. - ' ~,~ ..~ _. . a ~~ z ~ : I ! ^ <i ~ ~ ` I -~ y, , ~;.,. ~ ~/,~ ~. `____\_ '` ! 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N /./^ a / ~ /~ _-(#'. ~ i ~ / fry. ~ u ~ _ _ - - ---~ - - `" HEET " 3 Attachment: C ORDINANCE NO. 23 SERIES OF 1998 AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1995, REVISING GROSS RESIDENTIAL FLOOR AREA (GRFA), BUILDING HEIGHT REQUIREMENTS, AND EMPLOYEE HOUSING PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); REPEALING RESOLUTION NO. 10, SERIES OF 1982, WHICH PROVIDES SPECIAL PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION; DELETING OUTDATED CONDITIONS AND REFERENCES TO EXPIRED DEVELOPMENT PLANS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Hagopian and Pennington, LLC, has requested an amendment to the existing Special Development District No. 4, Development Area C, Lots 39-1 and 39-2, Glen Lyon Subdivision; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the proposed building height, GRFA, and Employee Housing Unit restrictions for Lots 39-1 and 39-2; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Ordinance No, 8, Series of 1995 and repeal Resolution No. 10, Series of 1982 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE. TOWN OF VAIL, COLORADO, THAT: Ordinance No. 8, Series of 1995, is hereby amended as follows: Section 1. Resolution No. 10, Series of 1982, is hereby repealed. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4. 1 Ordinance 23, Series of 1998 . Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in, a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is . created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of:the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or . performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling that is managed as a short term rental in , which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional Ordinance 23, Series of 1998 2 fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4.@ B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Roads TOTAL Development Plan--Required--Approval Procedure Development Area Acreage A 17.955 B ~ 4.000 C 9.100 D 1.800 40.400 4.700 97.955 Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the developmeht plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. r 3 Ordinance 23, Series of 1998 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that .no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; f 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, 'of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; • 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. 4 Ordinance 23, Series of 1998 Condifional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6.~ Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1: Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. f. r 5 Ordinance 23, Series of 1998 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail 'Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, t and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Ordinance 23, Series of 1998 B t. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated .and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units The. number of dwelling units shall not exceed the following: ti. A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units as defined by the tables in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon PrimarylSecondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code .' Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. tt.) GRFA. Ordinance 23, Series of 1998 7 C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired, See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon - Commercial Site CHART 1: Area A Completed Projects Retail/ I Square I On-Site I Cascatle Structure E H Smtlh Vaurnol ~ I I . --. 900 .. - --~.. .-i_.___. ~- i~rr n~,~n _.. i-_-._~._-.. .__-_.. _.___ _,.___ -_- _.____ 1,6D0 0.00 73.: Theater 4 22D 28 Colleo_e Classrooms 0.00 40 College Office Th 0.00 q eater/Meeting Room 2J 1,387 0.00 11.5 / Ordinance 23, Series of 1998 $ LIFTSIDE Units 27 56 Employee Units 2 1,100 2 27 ALS _.-- ~ -__-- 47.600 __ __ -__ 68 r--. ... .~., --- i -- . - ~.. i _ 0 - _ _. -_-~_--__- I I - i 22.5 ~~ .. TOTALS 288 AU 76 DU 239,680 24.598 ~.I . I 129 449.9 ~`...,,... (includes r~aza space nas aeeatly been counletl for a retail parking requirement. The new parking requirement is based on the dillerence between the retail ofOCe parking requirements. "'For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except far 300 s:f. to be allowed (or each enclosed parking space. Ordinance 23, Series of 1998 9 CHART 2: AREA A REQUIRED PARKING Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plaris for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, . Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1 • Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4• Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'.-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3'' by Gwathmey, Pratt, Schultz. 6• Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, f Schultz. 10 Ordinance 23, Series of 1998 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-D" Gwathmey, Pratt, Schultz. 12. Waterford„ Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey,. Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Slieet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. ~~ 11 Ordinance 23, Series of 1998 p 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. A maximum of 1000 sq. it. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots • 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. ' Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. • Development Standards ' The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each . development area to protect the integrity of the development of SDD No. 4, They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks ' A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the ._ exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream - setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. . B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon,Primary/Secondary and Single-Family Lots " Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: . All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will, be permitted to project beyond the building envelopes not more than ~ ( f 12 ... ~ Ordinance 23, Series of 1998 ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking StructurelAthletic .Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Ordinance 23, Series of 1998 13 Site Coverage Areas A & B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% of required parking shall be enclosed in a building. - 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17:5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shalt be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. TF~ere shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. Ordinance 23, Series of 1998 14 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the-main building or buildings and hidden from public view from adjoining properties within a landscaped berm. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8.' No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage.Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy. and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. r 15 Ordinance 23, Series of 1998 E. All vvater features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength.. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I• All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Addifional Amenities and Approval Agreements for Special Development District No. 4. , A. -The developer' shall provide or work with the Town to provide adequate private transportation services to the owriers and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Perk. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The. sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for . either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 4. The Ruins /Westhaven Condominiums The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requi{ements. r 16 Ordinance Z3, Series of 1998 C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on,available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A Westhaven Condominium building (Ruins), 3 within the Cornerstone Building and 2 within tl~e Liftside (Waterford Building). Each employee dwelling unit in the Westhaven Condominium Building (Ruins) shall be deed restricted as a Type Ill EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Municipal Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. fY. each, on each lot. These lots shall not be entiiled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 ft is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code. Section 5. If ariy part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that . r 17 Ordinance 23, Series of 1998 any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of December, 1998, and a public hearing for second reading of this Ordinance set for the 5th day of January, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Color o. is it ~•,.., _ ~"''' ~ ~\~.'• 1. .'Ti R f ~_ ra _ / , Robert .Ford, Mayor ATTEST: "_ L-drel~i Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of January, 1999. : ' • ^ A ~ \ ~ f~ \ ~~ Robert,E, Ford, Mayor ATTEST: ``~:' C ~ ., ~.. __, , LL e~onaldson, Town Clerk Ordinance 23, Series of 1998 18 ~e EXH1BiT "A" KOELBEL PROPERTY DEVELOPMENT AREA A Vail-Rose ]2.370 acres A pan of the SVV 1 /4 NE 1/4 of Section ] 2, Township S South, Range 81 West of the 6th P.M., described as follows: Beginning at a point on the West line of said SV\~ 1/4 NE 1/4 from which the Nor7h one- quarter corner of said Section bears Nor7h 0° I S' East 2269.48 feet; thence North 0° 1 S' East, along said Wcst Line, .I 52.36 feet to a point on the Southeasterly tight of way line of U. S. Highway.No. 6; thence, along said Southeasterly. right of way fine, as follows: North S2°27' East, 102.31 feet; Nor7h 49°20' East, S19.S7 feet; and North 48° 13' East, 549.09 feet, more or less, to a point on the Not•th line of said SW 1/4 NE 1/4; thence North 88°33' East, along the North line of said SW 1/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, along the centerline of Gore Creek, as follows: South 36°49' West, 101.04 feet; South 18°21' West, S4.OR feet; South I °24' Wcst, 205.02 feet; South 12° ] O'.West, 110.25 feet; and South 28°41' West, 242.35 feet, thence South 7S°]S' West, ]064.10 feet to the point of beginning. Rose Parcel 3.190 acres A tract of land situated in the S1rVl/4NE1/4 of Section 1 ~, TP 5 S., R. Sl W., of the 6th P.M., lying Southerly of that certain tract of land described in Book 199, Page 197, Norrtherly and \~esterly of the center line of Gore Creek, and lying Northerly and Easterly of those certain tracts described in Book 21 ] at Page 106, Book 21 ] at Page 108 and Book 21S at Page 365., described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North duarter corner of said Section 12 bears N. 00° 1 S' E. 2269.48 feet; thence N, 7S ° 15' E. 346.26 feet to the true point of beginning, said point being on the South lint of that tract dcscribcd in Book 199, Pagc 197 and which bears S. 08°26' E. 2205.34 feet from the North quat•ter corner of said Section ] 2; thence N. 7S ° 1 S' E. 717.84 feet along the Southerly line of that tract described in Book ] 99, Page 197 to the center of Gorc G•eck; thence S. 28 °41' Vd. 130.61 feet along the center line of said Creek; thence S. OS°24'30" E. 104.50 feet along the center line of said G•eek; thence S. 49°29' W. 95.50 feet along the center line of said Creek; thcncc S. 22 °34' \\t. 124.47 feet along the ccntcr line of said G•cck; thcncc S. S4°00' 1rV. 1 19.34 feet along the ccntcr line of said Creek; to the Southeast corner of that certain tract of land described in Book 211; Page 108; thcncc N. 33 ° 16'30" W. 140.12 feet along the Easterly line of that tract dcscribcd in Book 21 1 at Page 108; thence N. S7°42'30" W. 169.S8 feet along the Northeasterly line of that tract dcscribcd in Book 211 at Page 108; thence N. S6°02'30" \V. 162.92 feet along the Northerly line of those tracts dcscribcd in Book 21 1 at Pagc 108, Book 21 1 at Pagc 106 to a point; thence N. 32°ST30" W. 76.08 feet along the Northeasterly line of that tract described in Book 2l S at Page 365, to the point of beginning. F:\e~~eryone~domU:oelbel.leg I Attachment: D ORDINANCE NO. 17 Series of 2004 AN ORDINANCE AMENDING ORDINANCE NO. 28, SERIES OF 1998, SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its ,meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in str-+k~-t#reog#/additions are shown in bold italics) Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Develo pment Area Acreage Cascade Village A 1.7.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 7.520 Dedicated Open Space 32.880 Roads 4.700 TOTAL 97.955 Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in c+riLo +hr„,.nh~additionS are shown in bold italics) Development Plan -Required -Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. ,The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in additions are shown in bold italics) Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12- 7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or 2 "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. ,Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B,' Coldstream Condominiums 1.Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tracf K 3 __ 7. Nature Preserves 2. Passive outdoor recreation areas and open spaces Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in str+ke-ti~sugf~/additions are shown in bold italics) Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units: Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots ', 1. Public park and recreational facilities; 2. Ski lifts; 4 _ D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 7. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 3: Public utility and public service uses 4. Ski trails 5. Snowmaking facilities 6. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. 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 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any c violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision 5 _ amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of ` 2004 and a public hearing for second reading of this Ordinance set for the day of 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2004. Ludwig Kurz, Mayor Attest: c Lorelei Donaldson, Town Clerk 6 Oi/06/04 14:25 FAb 3032958261 HOLLAND & BART Attachment: E DENVER • ASPEN OOULDER • COLORADO SPRINGS DENVER TECH CENTER eILUNGS • aalsE [HEYENNE - ]ACKSDN HOLE SALT LAKE CITY • SANTA FE WASHINGTON, D.C. HOLLAND S: ~J,.ART r.r.r ATTORNEYS AT Y.Aw SUITE 3200 SSS SEVENTEENTH STREET DENVER, COLORADO BOZOZ-3979 MAILING ADDRESS P.O, e0X 8749 DENVER, COLORADO 80201-8799 TELEPHONE (303) 295.0000 FACSIMILE (303) 295-8261 Gregory E. Goldberg (303) 295.6099 ggoldberg@hollantlharC.com July 6, 2004 VIA FACSYMYY,E Mr. Creorge Ruther Chief of Planning Town of Vail Community Development Department 75 S. Frontage Road Vail, CO 8Y657. Re: Opposition to Proposed A,~cnendment To Glen Lyon Spcci~l Development Distrrxct #4 Dear Mr. It.uther: Per our discussion last week, I am writing on behalf of Robert Rosen, Timothy Pennington, and Alan Hassman (together, the "Glen Lyon Owners") in opposition to Vail Resort's ("Vail") Proposed Amendment To Glen Lyon Special Development District #4, submitted to the Town of Vail ("Town") on June X, 2004; (the "Proposal"). As you requested, these comments are submitted on or beioze July 6, 2004. SU1V,[1VIARY The Glen Lyon. Owners support certain elements of the Proposal, including skiways, catwalks, trails, and related improvements, some of which already exist. However, other elements, such as the snowcat accessway, roads, and bridges, are objectionable because they would violate: (1) the Town's own protective covenants prohibiting such activities and development and upon which adjaceni landowners have relied for decades; and (2) applicable provisions of the Town Code (the "Code")_ GLEN LYON BACKG1tOYJND As you may know, the Gleri Lyon Owners own property within the Glen Lyon Subdivision (the "Subdivision"), which was created in approximately 1978 as a predominantly residential neighborhood. Contemporaneously, a parcel within the Subdivision ("Tract K") was deeded to Town as dedicated 07/06/04 14:26 FAX 3032958261 HOLLAND & HART HOLL,A.ND & HART LLi' ATTORNfiYS AT LAW Mr. George Ruther ruly 6, 2004 Page 2 open space. Prior to the conveyance, the Town and the Subdivision, developer executed and filed ``Protective Covenants of Crlen Lyon Subdivision" (the "Protective Covenants"), prohibiting certain activities anal development {described below) on Tract K, which still is owned by the Town. The purpose of deeding Tract K to the Town and implementing the Protective Covenants was to create an open space border or buffer for the Subdivision and to encourage a place for valley residents to walk, ski, picnic, climb, and bicycle. THE PROTECTIVE COVENANTS The express purpose of the Protective Covenants was "to place certain restrictions on the use of i:he Subject Land," including Tract TC. The Protective Covenants state: • "No structuze, either temporary or penr~anent, shall be erected, constructed or permitted to remain on [Tract K], except decorative itezrjs consistent with ... a picnic area." • "[N]or shall there be permitted, within or upon [Tract K], any other act by any person or persons, which, in the judgment of any property owner or ...the Town of 'Vail, Colorado, inay deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic value of the natural environmental quality of [Tract K] „ "Improvements necessary, desirable, or convenient for the provision and maintenance of utility services may be constructed and maintained through or under ... [Tract K], provided that such .improvements shall not cause permanent disruption or alteration to the surface of ... [Tract K]." • "No noxious or offensive activity shall be carried on nor shall anything be done or penniited ~uvhich shall constitute a public nuisance in Glen Lyon." • "No trees of a diameter of four (4) inches or greater shall be cut down or removed in Glen Lyon except with the prior written ~, approval of the bcsign Review Board." • "The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, termination, or amended except by written consent of the owners ~] 003 07/06/04 14:26 FAX 3032958261 HOLLAND & HART ~'j004 HOLLAND & HART LLY ATTORN$YS AT LAW Mr. George ].2.uther July 6, 2004 Page 3 of 75% of the surface area of the privately--owned Land included within the boundaries of Glen Lyoxl" (emphasis added) "Bikers, pedestrians, skiers and bicycles are expressly permitted to travel [on Tract K] provided the surface _ .. [is] not unreasonably damaged by said activities." l; or the past 25 years, Glen Lyon homeowners have purchased their properties in reliance upon the Protective Covenants, as executed and filed by the Town. These owners have a reasonable expectation that they will enjoy the "natural condition of the vegetation" and "the aesthetic value of the natural environmental quality" of Tract K.. They further have invested in Glen Lyon knowing that activities or development like the Proposal will not occur on Tract K without the written consent of 75% of their surface-owning neighbors. SKIING IS CONSrSTENT W1~TH THE PIZOTECTI'VE COVENANTS The Glen Lyon Owners support Vail's proposed amendments to utilize Tract K for "slciways, catwalks, trails, and related improvements." Indeed, these activities are not really "amendments," as they already occur on Tract K. Moreover, these uses are expressly t~ermitted by the Protective Covenants, which state: "[h]ikers, pedestrians, skiers and bicycles are expressly permitted to travel [on Tract K] provided the surface , .. [is] not unreasonably damaged by said activities." These activities do not destroy or damage the natural condition or aesthetic value of Tract K, and therefore fit naturally into the historical and permitted use on the land. SNOWCATS, ROA.AS, AND B1.tIDGES VIOLATE THE COVENANTS By contrast, Vail's proposed sz~owcat accessway, "roads, bridges, retaining walls and related improvements," do violate the Protective Covenants, .which expressly prohibit activities that "deface" or "alter" the natural condition or the aesthetic value of 'tract K, as well as any development that may "cause permanent disruption or alteration to the surface." Moreover, "[n]o noxious or offensive activity" may occur on Tract K, and no "trees of a diameter of four (4) inches or greaten" maybe cut without prior written approval of tk~e Design Review Board. By any interpretation, the Town's Protective Covenants mandate serenity, preservation of the natural and aesthetic environfnent, and low-impact usage on Tract K, not "roads," "bridges," and transit of heavy machinery, such as snowcats. 07/06/04 14:26 FAl 3032955261 HOLLAND & HART l~Zj005 HO~r,AND & HART LLp ATTORNEYS AT LAW Mr. George ltuther July 6, 2004 Page 4 . Against this legal backdrop, it is ;surprising that the Proposal nowhere addresses the Protective Covenants. The Proposal simply cannot occur without azr~endment of the Protective Covenants. Instead, Vail's approach, would appear to be to goad the Town into violating its own contractual comix~itmenis under the Protective Covenants. I-Iowever, as a signatory of the Protective Covenants, the Town does not have the luxury of such a cavalier approach. Town endorsement of the Proposal, either at the planning or approval stage, would violate the Protective Covenants, which were implemented b the Town for the purpose of preventing such projects. A violation of the Covenants, particularly a knowing or intentional one, would subject the Town to economic and perhaps other, dannages. At a minimum, Vail should be required to explain in the Proposal how it proposes to address the Protective Covenants. Instead, Vail's stated purpose "is to correct and clarify existing and allowable uses within Tract K." I~owever, Vail has no power to "correct," "clarify," or otherwise define the "allowable uses" on Tract K." Vail does not own Tract K or, to the Glen Lyon Owners' knowledge, have any right to use the surface of Tract K, other than for skiers. The Town similarly has no right to "correct" or "clarify" any uses on Tract I~.. 1 he Town already made that decision in 1978 in the Protective Covenants. By approving the Proposal without amending the Protective Covenants, the Town, acting through the Commission, would violate the very covenants it put into place. Indeed, Vail acknowledged this fact in a 1996 letter to Crlen Lyon owners. See Attachment 1. 'S'HE PROrOSAL I,ACI~S COMPATY~YY,ITY, SENSITIV7TX, AN>D A ~IVORKASLE R]ELATIONS~pP WITFI THE SURROUNDING ,Pj,REA Even assuming the Protective Covenants did not exist, it would make no difference because the Proposal fails to satisfy applicable Town Code requirements. See Town Code § 12-9A-8. For amendments to special development districts, it is "the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the [design review criteria], or demonstrate that on.e or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved:" Town Code § 12-9A-8. Two fundamental design review criteria are "compatibility" and "relationship." Town Code § 12-9A-8 (A), (B). Ul/UCf/U4 14:L/ t'fLi JUJL27~8Ln1 riULLK1VL d: riXtCl 4_!I000 HOLLAND & HART LLP ATTORNEYS RT LAW Mr. George Ruther July 6, 2004 Page 5 In this case, the Proposal fails to satisfy these requirements. With regard to "compatibility," it is clear that Vail gave little thought to the Proposal's impact on adjacent landowners, including the Glen Lyon Owners. In particular, Vai1's Proposal offers no meaningful discussion concerning operation details for the snowcat accessway, structures, lighting, noise, traffic and volume, etc. It likewise is impossible to gauge from the Proposal the visual or noise impacts of the snowcat accessway, roads, bridges, retaining walls, snowmaking facilities, and the "related improvements." What related improveinents7 Where will they be placed, what will they look like? What will they sound like and how much light will they emit? If any of the proposed activities occur at night, the noise and light from snoweats could destroy the serenity enjoyed by adjacent homeowners. The Proposal likewise provides no details concerning usage by other types of machinery, such as snowmobiles. Summer, spring, and fall usage also is not addressed. By all appearances, the Proposal appears to be grossly incompatible and insensitive to the immediate environment. Yndeed, it creates a thoroughfare for heavy industrial machinery across a "Dedicated Open Space" whose "aesthetic value" and ``natural environmental quality" may not be "deface[d], alter[ed], destroy[ed] or damage[d]." This is the antithesis of "compatibility" and "sensitivity." Nail's "Relationship" discussion is likewise Racking. 'Nail's claim that the "limited uses ...are consistent wsth [the] `open space dedication' designation" is prepvsteraus, .Once again, it is unclear how a snowcat accessway could be "consistent" with "open space dedication." The Proposal runs directly counter to the 't'own's Protective Covenants, which prohibit any "act by any person or persons, which, in the judgment of env property owner . . .may deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic value of the natural environmental quality of [Tract K]" (emphasis added). Each of the Crlen Lyon Owners qualifies as a "property owner" under the Covenants and it is their judgment that the proposed snowcat accessway will deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic value of the natural environmental quality of Tract K. Finally, even if the snowcat accessway somehow satisfied the Town t; Code criteria, Vail appears to have designed the snowcat accessway to ' maximi2e, rather than minimize, its impact on Tract K az~d the Glen Lyon Owners. See 'Nail's Proposal (Attachment: Development Plan). As the Conunission can see, the snowcat accessway cuts directly through the center of Tract K and comes within approximately 500 feet of the property of one of the 07/06/04 14:27 FAIL 3032958261 HOLLAND 8: HART HOLLAND & HART LLp ATTORNEYS AT LAW Mr. George Ruther ruly 6, 2004 Page 6 Glen Lyon Owners, notwithstanding various proposed altcmative routes that would minimize the impact on Tract K. See Attachment 2. Although these alternatives might cost Vail more to construct, they would minimize the impact on Track T~ and move the snowcat accessway the ma~:imum distance away from the Glen Lyon Owners. The Proposal fails to disclose these alternatives, let along substantively discuss them. THE FOREST ROAb SITUATION DOE5 NOT SUPPORT APrnO'VING A FUNDAMENTAL AMENDMENT YN 'VIOLATION OF Tk~E PROTECTIVE COVENANTS AND TO'UVN CODE Vail's primary justification for relocating the snowcat accessway onto "dedicated open space" is Forest koad, the current snowcat access route. This justification, however, is insufficient as well. As a thzeshold matter, Vail provides insufficient data or information concerning Forest Road to justify relocating the snowcat accessway into dedicated open space. Although the Glen Lyon Owners acknowledge that the Forest Road situation may be problerxiatic, it is unclear based upon Vail's Proposal whether Forest Road's situation justifies a major shift in decades-old land use policy by creating a majoz amendment to the development district and relocating the snowcat accessway onto Tract K. Second, even if the For-est Road situation did justify the Proposal, the language and spirit of the Town Code would mandate that Vail minimize, rather thaan ma~cimize, its impact on Tract It and the Glen Lyon Owners, as noted above. Finally, the Forest Road situation, although problematic, still does not change the fact that the Proposal, in its current state, fails to satisfy the applicable standards, i.e., "compatibility" and "relationship_" Town Code § 12- 9A-8 (A), (B). The fact that a problem exists in are area outside of the proposed amendment does not support a maj or change to Traclc rC that is radically different from -indeed, diametrically opposed to -its historicA.l and current usage, which is the only use to which it can be put under the Protective Covenants filed by the Town and justifiably xelied upon by Subdivision owners, c \ CONCLUSION ~ 007 VV'e urge the Corx~mission to deny the Proposal as submitted because it cannot be zeconciled with the Protective Covenants filed by the Town in 1978. U / / V V/ U4 14. GO i't1A JUJ GDJOGVI AU LLt~l\U O: IIt~Al ~ UUO HOLLAND & HART LLP ATTORNEYS AT LAW Mr. George Ruther rely 6, 2004 Page 7 Nor does it satisfy the applicable design criteria as set forth in the Towza Code. The Proposal pits two incompatible uses against one another: a snowcat accessway running through "dedicated open space," the "aesthetic value" and "natural environmental quality" for which are legally protected by the Protective Covenants. Any decision the contrary will undezzz:,ine the integrity of the amendment process and violate the Covenants that the Town put in place 25 years ago to prohibit exactly the type of project Vail now proposes. Sincerel , gory .Goldberg olla & Hart LLP G>JG:krb 3251170 Z.UOC Attachment:- F THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE T~~~NOFi~A>3~ ~- NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance. with Section 12-3-6, Vail Town Code, on July 12, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for stream bank stabilization within the Mill Creek floodplain, located at Tract E, Vail Village Filing 5 (near Pirate Ship Park), and setting for details in regard thereto. Applicant: Town of Vail Planner: Elisabeth Eckel The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the. ' Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Published June 25, 2004, in the Vail Daily. t ~~ i.a~ ~' ~ Notlfcation Mailing Master Database /-J. ~V`e 1~~~ d~/~ ~-1' rncCucQC~ TomBran _~1' Pre len eYo~ s/larzao4 C.xU,~ [-c~°~~ ~-r~c~ ~l-C~it/~ Pare A B C D E F G H 1 ACCOUNTNO NAME - ADDRESSI CITY STATE ZIPCODE PARCELNB LEGAL SUB:VAIL LIONSHEAD FIL 3 BLK:-LOT:- DESC: TRACT D BK-0227 PG0992 BK-0346 PG-Ofi15 2 R008050 VAIL WATER 8 SANITATION DIST PO BO%Y ~ AVON CO 81620 210107209002 06-01-82 ' CONDO: VAIL PARK MEADOWS UNIT'6-0 3 R003940 MICHAEL F. d EDLYNE B. BOYER 1200 MCARTHUR LN MCALLISTER ~ OK 74501-7150 210312401014 BK-0267 PG-0299 CONDO: VAIL PARK h1EADOWS UNIT:6-A BK-0277 PG-0998 BK-0854 PG-0576 CER 4 R004040 MICHAEL F, BOYER 7200 MACARTHUR W MCCALESTER OK 74501 210312401006 12-31-BS CONDO: VAIL PARK MEADOWS UNITS-A BH-0277 PG-0986 BK-0654 PG-057fi 5 R004050 MICHAEL F. 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FLOWERS C/0 CUNICO CORP PO BOX 9010 LONG BEACH CA 90010.0010 210312108016 DESC:PHASE II PK SP 129 CONDO: COLOSTREAM CONDO UNIT:17 116 R013089 GAMMA CORP-KEVIN MACTAVISH C/0 JULIE GRIMM 1000 B FRONTAGE RD W STE 200 VAIL CO Bifi57 210312108017 DESC:PHASE II PK SP 131 - ' CONDO: COLDSTREAM CONDOMINIUMS UNIT:iB DESC: PHASE II i t i R013091 TONI J. LUSK 1476 WESTHAVEN DR APT 18 VAIL CO 87657-4319 210312108018 R700887 DCD Ofi-12-99 CONDO: COLDSTREAM CONDO UNIT:19 118 8013092 SHEIAGH EVELYN WILSON 17 CHESTNUT PARK RD TORONTO, ONATARIO M4W1W4 210312108019 DESC:PHASE II CONGO: COLOSTREAM CONDOMINIUMS UNIT:2D DESC: PHASE 1 119 R013093 LANDON WYATT 301 S COLLEGE ST 2800 - CHARLOTTE NC 28202 210312108020 BK-0730 PG-0218 SWD Ofi-02-97 CONDO: COlDSTREAM CONDO UNIT:21 720 R013094 JANICE ALEXA GERARD DUCSAV 1017 BUCKINGHAM RD GROSSE POINTE PARK MI 48230 210312108021 DESC:PHASE I CONDO: COLDSTREAM CONDO UNIT:22 DESC:PHASE 1 BK-0518 PG-0701 WD 121 R013103 GLORIA S. & RICHARD J. COLE 61 ST CLAIR AVE W STE 7008 TORONTO ONT CANADA MSV 2YB 210312108022 10-OS-89 Notification P4ailing Master Database Tom Braun , Glen Lyon Tract K Prepared an 6/18/2004 q B C D E F G H CONDO: COLOSTRFAM CONDO UNIT:23 ' DESC:PHASE II BK-0338 PG-0865 VJD•~ 03-OS-82 BK-0587 PG-0841 OCD OB-25-92 BK-0630 PG-0037 OCD 122 R073107 WILLIAM OLOAKER 8 JUDITH E. THEDFORD 11001 PINEY MEETItJGHOUSE RD POTOMAC MO 20054 ~ 210312108023 12-10-93 CONDO: COLOSTREAM CONDOMINIUMS ' UNIT:24 DESC: PHASE II PK SP 124 123 R013108 SUZANNE M. COWLES 4341 VALLEY RIDGE DALLAS TX 75220 210312108024 R702449 OCD 07-08-99 CONGO: COLDSTREAM CONDO UN1T:25 124 R013109 JAMES M. 8 JANE G. KAUFMAN 3405 DEEPHAVEN AVE WAYZATA MN 55391 210312108025 DESC:PHASE II CONDO: COLDSTREAM CONDO UNIT:28 DESC:PHASE II PK SP 123 BK-0513 - 125 R013111 J. DONALD CHILDRESS 8 FRED W. KLEIN 2800 ONE FIRST UNION CENTER - CHARLOTTE NC 28202-6021 210312108026 PG-0138 WD OB-01-89 CONDO: COLDSTREAM CONDOMINIUMS UNIT:27 DESC: PHASE II PK SP 128 R661753 OCO O6-02-98 R6B7469 126 R013112 ANDREW D. NORRIS III 2fi W MICHEL7ORENA ST SAMA BARBARA CA 93101 210312108027 OCD 12-22-98 CONGO: COLOSTREAM CONDOMINIUMS UNIT:28 DESC: PHASE II PK SP 114 127 R013113 RICHARD M. 8 KATHRYN 5. GREENE 16 AMBERGATE RIBE PITTSFORD NV 1453d 210312108028 BK-0387 PG-0127 OCD 03-05-84 • CONDO: COLDSTREAM CONDO UNIT:29 120 R013114 STANLEY J. 8 MARIA L ORZEL 2122 CENTURY PK LN STE 401 LOS ANGELES CA 90067-3319 2103/2108029 DESC:PHASE II PK SP 113 CONDO: COLDSTREAh1 CONDO UNIT:30 DESC:PHASE II PK SP 110 BK-0459 PG-0037 PTD 03.11-07 BK-0d75 PG-0304 OCD 11-20-e1 BK-0545 129 R013716 JAI.tES F. GREENE 8 EDWARD O. CARNEV 7220 E•LAVTON AVENUE ENGLEWOOD CO 80110 210312708030 PG-0325 OCD 11-02-90 CONDO: COLDSTREAM CONDO UNIT:31 ' DESC:PHASE II PK SP 108 BK-0372 130 R013117 ROBERT CREAGER d JANICE G. SIMPSON 76816 GRAYS BAY BLVD WAYZATA MN 55391.2921 270312108031 PG-0390 PTD 11-07-83 CONGO: COLO57REAM CONDO UNIT:31 DESC:PHASE II PK SP 108 BK-Od81 ' PG-0499 WD 09-12-BB BK-0580 731 R013t1B DAN S. HEFFEZ 2717 COLFAX ST EVANSTON IL 60201 210312708032 PG-0690 OCD 05-15-92 CONGO: COLDSTREAM CONDO UNIT:33 _ DESC:PHASE II PK SP 707 BK-0443 132 R013119 DONNA J. 8 JEFFERV H. BEEMAN 625 NORTHSTAR CT BOULDER CO 80304 210712108033 PG-0568 WD OS-15-B6 - CONDO: COLDSTREAM CONDO UNIT:34 DESC: PHASE II PK SP 106 BK-0337 PG-0644 OCD 07-12-82 BK-0544 PG-0168 VJD 11-19-90 BK-0561 PG-0948 OCD OB-2B-91 BN-0661 PG-01B6 WD 11-27-92 733 R013121 RANOALL E. MARCUS 13d67 N PPRK LN - CLEVELAND HEIGHTS OH 44118 210312108034 R6562B7 OCD 04-29-98 ' CONDO: COLDSTREAM CONDO UNIT:3S 734 R013122 JENNIFER K THOMPSON 5900 JAY RD BOULDER CO 00301 270312108035 DESC:PHASE II PK SP 705 CONDO: COLDSTREAM CONDOMINIUMS UNIT:36 DE6D: PHASE II PK BP 104 135 R013123 RMH MANAGEMENT LP 29 WESTOVER RD SUNGERLANDS NY 12759 210312108039 CONDO: COLDSTREAM CONDO UNIT:37 136 R013124 STANLEY R. 8 SUSAN E. GUNSTREAM 1516 HEPPLEVJHITE CT FT COLLINS CO 80526 210312108037 OESC:PHASE II PK SP 103 CONDO: COLDSTREAM CONDOMINIUMS UNIT:38 DESC: PHASE 11 PK SP 102 137 R013134 JOHN E. B LOTS MAY EASTERLING 477 HAVJiHORNE AVE WEBSTER GROVES MO 63119 270372708038 RK-0695 PG-0049 WD 05-03-96 CONDO: COLDSTREAM CONDO UNIT:39 138 R013137 JAMES M. KAUFMAN 3405 DEEPHAVEN AVE WAYZATA MN 55391 210312108039 OESC:PHASE II PN SP 101 CONDO: COLDSTREAM CONDO UN17:41 DESC:PHASE 11 BK-0713 PG-0935 SWD 139 R013147 OAVIS 8 PENNINGTON CIO BRENTWOOD ASSOC 11150 SAMA MONICA BLVD 1200 LOS ANGELES CA 90025 210312108041 17-22-9fi CONDO: COLDSTREAM CONDO UNI7:42 140 R073142 WALTER A. KOELREL 5291 E YALE AVE DENVER CO 80222 210312108042 DESC:PHASE II PK SP 112 CONDO: COLDSTREAM CONDO UNIT:43 - DESC:BLDG J PK SP 111 BK-0482 PG-0695 PTD 04-22-88 BK-0570 741 R013143 JAMES L. BASEY 1820 BLAKE ST DENVER CO 00202-1228 210312108043 PG-0005 DC 01-06-92 CONDO: COLDSTREAM CONDO UNIi:4a 142 R013144 LORENZO B ROMELIA MILMO APDO. POSTAL 1691 MONTERREY, N.L. MEXICO 210312108044 DESC:PHASE I ' CONDO: COLDBTREAM CONDO UNIT:45 OESC:PHASE I BK-0592 PG-0037 OCD 143 R013148 WILLIAM L. 8 MARY T. KEATING 4870 S IAFAYETTE LN CHERRY HILLS CO 80170 210312708045 10-15-92 CONDO: COLDSTREAM CONDO UNIT:40 DESC:PK SP 122 PH II BK-0366 PG-0457 WD OB-18-B3 BK-0381 144 R030453 SHERRILL S. KOELBEL 5291 E YALE AVE DENVER CO 80222 210312100047 PG-0531 WO 03-02-84 ' CONDO: MILLRACE UNIT:4A BK-0342 145 R010171 LOUISE P. 8 NANCY ANNE STITZER 7858 TOWHEE RD PARKER CO 80134 210312711001 PG-0158 CONDO: MILLRACE UNIT:4B BK-0342 146 R010172 JOSEPH 8 BARBARA WEINSTEIN, AIAN 8 JILL TANENBAUM 78 JOYCE RO PIAINVIEW NV 11803 210312111002 PG-0158 Notification Mallin8 Master Database Tom Braun Glen Lyon TraclK Prepared on 6!18/2004 A 0. C D E F G H CONDO: MILLRACE UNIT:4C BK-0342 - PG-0158 BK-0375 PG-0417 OCD 12-12-83 BK-0377 PG-0145 OCD 12-30-83 BK-0377 PG-0567 OCD - 01-17-84 BK-0522 PG-0364 OCD 01-24-90 BK-0545 PG-0262 OCD 12-26-B9 BK-0557 PG-0368 WD ~ 06-27-91 BK-0615 PG-0719 WD 747 RD1O773 TURKEY CREEK LLC ATTN: M. PAGE C/O'DUCKER, MONTGOMERY ETAL 1560 BROADWAY STE 1400 DENVER CO 80202 210312111003 OB-05-93 CONDO: MILLRACE UNIT:4D BK-0527 t4B R070170 MIGUEL ALONZO BOSOUE DE ZAPOPAN 4B, LA HERRE DURA MEXICO D.F. 53920 210312111004 PG-0049 PTD 01-11-90 - CONDO: MILLRACE UNIT:SA BK-0342 PG-0158 BK-0521 PG-0143 OCO 149 8010178 DANIEL J. HAVEKOST 1121 GRANT 5T DENVER CO 80203 270312177005 ii-16-B9 - CONDO: MILLRACE UNIT:58 BK-0342 150 R010178 JOHN T. 6 CELESTE S. WENCEI 127 NAUTILUS DR MADISON VJI 53705 210312117006 PG-0158 - CONDO: MILLRACE UNIT:SC BK-0520 PG-0528 WD 12-27-89 BK-0568 ' PG-0703 WD 11-22-91 BK-0613 151 R070761 AMV B. ARONSON 560 POILV PARK RD RYE NY 10580 210312717007 PG-0743 WD 06-22-93 - CONDO: MILLRACE UNIT:SD BK-0334 PG-0541 WD 12-01-81 BK-0342 752 R010702 AXIS HOLDINGS LTD 170 MIDWEST RD SCARBOROUGH ONTARIO CANADA M1P3A9 210312111008 PG-0158 CONDO: MILLRACE UNIT:6A DESC: R67312fi OCO 153 R010783 ROBERTO SOUS CASTILLO 1000 S~FRONTAGE RD W STE 200 VAIL CO 81657 210312111009 70-14-98 CONDO: MILLRACE UNIT:6B DESC: ' BK-0342 PG-0158 8K-0422 PG-0050 OCD OB-0S-BS BK-Od30 PG-0713 OCD 154 R0101B4 HENRY J. 8 NANCY C. GOETZE 753 5 ST HIGHLAND NY 12528 210312111010 11-14-BS CONDO: MILLRACE UNIT:6C BK-0342 155 R0101B6 ARTHUR PANCOE 347 $URFSIDE GLENCOE - IL 60022 210312111011 PG-0158 ' CONDO: MILLRACE UNIT:6D BK-0461 PG-0106 PTD 04-16-87 BK-0484 PG-0881 BK-0556 PG-0680 PTD 156 R010187 KARUN FOODS CORP 1845 OAK BT 19 NORTHFIELD IL 60093 210312111012 06-20-91 CONGO: MILLRACE UNIT:7A BK-0342 157 R010188 PETER N. B CAMERON E. WISOWATY 1857 PARK BLVD PALD ALTO CA 9430fi-7172 210312111013 PG-0158 - CONDO: MILLRACE UNIT:78 DESC: BK-0342 PG-0158 BK-0492 PG-0529 SWD 09-28-88 BK-0493 PG-0930 OCD 09-30-88 R645538 OCD 158 8010109 TERRAVIR LLC 11302 HOLIDAN WAV HOUSTON TX 77024 210312111014 01-21-98 ' CONDO: MILLRACE UNIT:7C DESC: BK-O6fi7 159 R010191 NANCY J. SHAW 1080 B COLORADO BLVD DENVER CO 80246 210312111015 PG-0262 SWD OS-11-95 CONDO: MILLRACE UNIT:7D DESC: BK-0332 ' PG-0528 WD 11-19-81 BK-0332 PG-0529 WD 11-19-Bi BK-0342 PG-D158 BK-0452 PG-0006 PTD 160 R010192 RICHARD B. 8 JANE L. STEBBINB 2729 13TH ST BOULDER CO 80302 210312111016 11-72-86 CONDO: MILLRACE UNIT:IA DESC: BK-0521 161 R070232 GEORGIA FOX MCINTOSH 2017 WINDSOR PL FT WORTH TX 76110 210312111077 PG-0051 PTD 01-11-90 CONDO: MILLRACE UNIT:10 BK-0521 ' PG-0052 PTD 07-11-89 BK-0523 162 R070233 KEVIN P. HANNEN 3409 PATRICK ST ST CHARLES lA 70605 - 270312111018 PG-0777 PTD Ot-11-90 CONDO: MILLRACE UNIT:IC BN-04fi1 PG-OtDB PTD 04-18-87 BK-0464 PG-0881 BK-0556 PG-0857 PTD 163 R010234 CASSIS INVESTMENTS LTD C/O DON BAKER 633 W 5TH ST STE 4000 LOS ANGELES CA 90071-2007 210312111019 06-20-91 - CONDO: MILLRACE UNIT:ID BK-0464 ' PG-0881 OCD 06-04-87 BK-0558 PG-0656 PTD Ofi-20-91 SK-0461 764 R010241 ANI INVESTMENTS LTD C!O DON BAKER 633 W FIFTN ST STE 4000 LOS ANGELES CA 90071-21707 210312111020 PG-0109PT0 04-18-87 CONDO: MILLRACE UNIT:IE BK-0467 PG-0110 PTD 04-16-87 BK-0464 - PG-0887 BK-0556 PG-Ofi55 PTD 06-20-91 BK-0569 PG-0971 SWD 11-25-91 BK-0678 PG-0387 OCD 10-i6-95 BK-0679 PG-0512 OCD 165 R010242 GLEN 8 MARSHA HUFF 571 VILLA CROSSING SOUTH LAKE TX 76092 210312171021 10-21-95 CONDO; MILLRACE UNITIF DESC: BK-0437 166 R010244 NEPTUNE PARTNERS LTD 252 CLAYTON 400 DENVER CO. 80206 210312111022 PG-0979 OCD 03-10-86 Notification Mailing Master Database Tom Braun Glen Lyon Tracl K Prepared an 6!182004 A B C D E F G H CONDO: MILLRACE UNIT IG BK-0521 167 8010297 PATRICK D. EROE C!O BROE CO 252 CLAYTON ST 4TH FL DENVER CO 8020fi' 210312111023 PG-0050 PTD Ot-11-89 168 8010249 PARON S. 8 ROBERTA0. LIFCHE2 525 SUNSET LN GLENCOE IL 60022-1141 210312111024 CONDO: MILLRACE UNIT:iH ' CONDO: MILLRACE UNIT:2A BK-0437 PG-0098 OCD 01-20-88 BK-0605 169 8010251 LOUIS J. 8 LORI J. TALOUMIS SB55 GLADSTONE ST COlORA00 SPRINGS CO 80906 210312117025 PG-0314 SWD 12-22-95 CONDO: MILLRACE UNIT:28 BK-0437 ' PG-0099 OCD 07-20-86 BK-0592 170 8010252 BROOKE FERRIS PO BOX 216 VAIL CO 81656 210312111026 PG-0272 OCD 10-15-92 CONDO: MILLRACE UNIT:2C BK-0445 PG-0894 WD 12-18-B6 BK-0499 t i 1 8010256 SUSAN L POWERS 3071815 AVE CORONA DEL MAR CA 92625-2910 210312111027 PG-0907 WD 01-24-89 ' CONDO: MILLRACE UNIT:2D BK-0521 PG-0460 PTD Ot-iB-90 BK-0523 172 8010257 JOHN J. LO PORTO 8 THOMAS J. CINTORINO 21 APPIETREE GREEN NASHUA NH 030fi2-2234 210312111028 PG-Ot 76 PTD 07-78-90 CONDO: MILLRACE UNIT:2E OESC: BK-04fi1 PG-0107 PTD 04-76-87 BK-0464 PG-0001 BK-0558 PG-0654 PTD 06-20-91 BK-0569 PG-0731 WD 12-30-97 8655558 OCD 173 8010258 NICHOLAS P. 8 SANDRA L MULONE 304 STONEYBROOK DR CHESWICK pq 15024 210372711029 OS-04-98 CONDO: MILLRACE UNIT:2F BK-0461 - ~ PG-0105 PTD 04-76-87 BK-0464 PG-0881 BK-0557 PG-0045 PTD 174 8010259 MICHAEL F. 8 JULIE A. MAHONEY 7210 SPRING CREEK CIR NIWOT CO 80503 210372111030 O6-ZB-91 CONDO: COLORADO MOUNTAIN CONDO UNITS-001 BK-0709 PG-0027 EAS 175 8003406 COLORADO MOUNTAIN COLLEGE FOUNDATION PO ROX 1763 GLENVJOOD SPRINGS CO 81602 210372114015 10-21-96 CONDO: COLORADO MOUNTAIN CONGO UNITS-002 BK-0709 PG-0027 EAS 176 8003407 COLORADO MOUNTAIN COLLEGE FOUNDATION PO BOX 17fi3 GLENWOOD SPRINGS CO Bifi02 210312114016 10-21-96 CONDO: COLORADO MOUNTAIN CONDO UNITS-701 BK-0709 PG•0027 EAS 177 8003400 COLORADO MOUNTAIN COLLEGE FOUNDATION PO BOX 1763 GLENWOOD SPRINGS CO 81fi02 210372114017 10-21-96 CONDO: COLORADO MOUNTAIN CONDO UNITS-d01 BK-0709 PG-0027 EAS 178 8003909 COLORADO MOUNTAIN COLLEGE FOUNDATION PO BOX 1763 GLENWOOD SPRINGS CO 81fi02 210312114078 10-21-96 CONDO: EAGLE POINTE CONDOlINTERVAL 179 8006937 POINTES OF COLORA00 C/O V/BCRP PO ROX 36 AVON CO 81620 210312325001 UNIT'101 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAI 780 8006938 POINTES OF COLORADO CIO V/BCRP PO BOX 36 AVON CO 87620 270312325002 UN1T:102 BK-0450 PG-0780 CONDO: EAGLE POINTE CONDO/INTERVAL 181 8006939 POINTES OF COLORADO C/O V/BCRP PO BOX 3fi AVON CO 81620 210312325003 UN1T:703 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 102 ROOfi947 POINTES OF COLORADO GO VlBCRP PO BOX 36 AVON CO 87620 210312325009 UN1T:104 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL tB3 8006942 POINTES OF COLORADO C/O V/BCRP - PO BOX 36 AVON CO 01820 210312325005 UN1T:201 BK-0450 PG-0700 CONDO: EAGLE POINTE CONDO/INTERVAL 184 8006943 POINTES OF COlORA00 C/O V/BCRP PO BOX 36 AVON CO 87620 210312325006 UN1T:202 BK-0450 PG0788 CONDO: EAGLE POINTE CONDO/IMERVAL 105 ROOfi944 POINTES OF COLORADO GO V/BCRP PO BOX 36 AVON CO 87620 210312325007 UNIT:203 BK-0950 PG-0788 CONGO: EAGLE POINTE CONDO/INTERVAL 786 8006945 POINTES OF COLORADO GO V/BCRP PO 80X 36 AVON CO 87620 210372325000 UNIT:204 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 787 ROOfi94fi POINTES OF COLORADO C/O V/BCRP PO BOX 36 . AVON CO 87620 210312325009 UN1T:205 BK•0450 PG-0788 CONGO: EAGLE POINTE CONDO/INTERVAL iBB 8008947 POINTES OF COLORADO C/O VlBCRP PO BOX 36 AVON CO 87620 210312325010 UN1T:206 BK-0450 PG0788 - - CONDO: EAGLE POINTE CONDO/INTERVAL 789 8006948 POINTES OF COLORADO C/O V/BCRP PO BOX 38 AVON CO 87620 210312325011 UN1T:207 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 190 8006949 POINTES OF COLORADO C/O V/BCRP PO BOX 35 AVON CO 81620 210312325012 UNIT:20B BK-0450 PGO7B8 CONDO: EAGLE POINTE CONDO/INTERVAL 191 ROOfi951 POINTE .OF COLORADO CIO V/BCRP PO BOX 36 ~ AVON CO 81620 210312325013 UN1T:209 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 192 8006952 POINTES OF COLORA00 C/O VlBCRP PO BOX 36 ~ AVON CO 81620 210312325014 UNIT:270 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 193 8006953 POINTES OF COLORA00 C/O V/BCRP PO BOX 36 AVON CO 87620 270312325015 UN1T:211 BK-0450 PG-0788 CONGO: EAGLE POINTE CONDO/INTERVAL 194 8006954 POINTES OF COLORADO C/O V/BCRP PO BOX 38 AVON CO 81620 210312325076 UN17:212 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDOlINTERVAL 795 8006965 POINTES OF COLORADO C/O V/BCRP PO BOX 38 AVON CO 81620 210372325017 UN1T:213 BK-0950 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 196 8006956 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 87620 210312325018 UNIT:214 BK-0450 PG-0788 ' CONDO: EAGLE POINTE CONDO/INTERVAL 197 8006957 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81620 210312325019 UNIT:21$ BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 198 8006958 POINTES OF COLORADO C/O V/BCRP PO 80X 3fi AVON CO 81620 210312325020 UNIT;21fi BK-0450 PG-0788 Natlfication Mailing Master Database Tom Braun Glen Lycn Tract K Prepared on 6/16/2004 A B C 0 E F G H ' CONDO: EAGLE POINTE CONGO/INTERVAL 199 4006959 POINTES OF COLORADO C/O V/BDRP PO BOX 36 AVON CO 81620 210312325021 UN1T:217 BK-0450 PG-0788 ' CONDO: EAGLE POINTE CONDOlINTERVAL 20C 4006961 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 87620 210372325022 UN1T:21 B BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 201 4006962 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81fi20 210312325023 UN1T:219 BK-0045 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 202 4006963 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81620 210312325024 UNIT:220 BK-Od50 PG-078B ~ ' CONDO: EAGLE POINTE CONDOIINTERVAL 203 4006964 POINTES OF COLORADO GO VlBCRP PO BOX 36 AVON CO 81620 210312325025 UNIT:221 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 204 8006965 POINTES OF COLORADO C/O V/BCRP PO BOX 3fi AVON CO 81620 270312325028 UNIT:222 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDOlINTERVAL 205 4006966 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81620 210312325027 UN1T:223 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDOlINTERVAL 20fi 4006967 POINTES OF COLORADO CIO V/BCRP PO BOX 3fi AVON CO 81620 210312325028 UN1T:224 BK-0450 PG-0788 CONGO: EAGLE POINTE CONDO/INTERVAL 207 4006968 POINTER OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81620 270712325029 UN1T:225 BK-0450 PG-0788 ~ CONDO: EAGLE POINTE CONDO/INTERVAL 208 ROOfi9fi9 POINTES OF COLORADO C/O V/BCRP PO BOX 3fi AVON CO 87620 210312325030 UN1T:301 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 209 4006971 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81620 210312325031 UN1T:302 BK-0450 PG-0780 CONDO: EAGLE POINTE CONDOlINTERVAL 210 4006972 POINTES OF COLORADO GO VlBCRP PO BOX 36 AVON CO 81fi20 210312325032 UN1T:303 BK-0450 PG0788 CONGO: EAGLE POINTE CONDOlINTERVAL 211 4006973 POINTES OF COLORADO C/O V/BCRP PO BOX 3fi AVON CO 87620 210312325037 UN1T:304 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 272 ROOfi974 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81620 210312325034 UN1T:305 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 213 4006975 POINTES OF COLORADO GO VlBCRP PO BOX 36 ~ AVON CO 81620 210312325035 UN1T:306 BK-0450 PG-0780 CONDO: EAGLE POINTE CONGO/INTERVAL 274 4006976 POINTES OF COLORADO GO V/BCRP PO BOX 36 AVON CO 87620 210312325036 UN1T:307 BK-0450 PG-0788 215 4006978 POINTES OF COLORA00 C/O V/BCRP P CONDO: EAGLE POINTE CONDO/INTERVAL O BOX 36 AVON CO 81fi20 210312325037 UN1T:36B BK-0450 PG-0788 216 4006901 POINTES OF COLORADO GO V/BCRP P B CONDO: EAGLE POINTE CONDO/INTERVAL O OX 3fi AVON CO 81620 210312325030 UN1T:309 BK-Od50 PG0788 21 i 4006902 POINTES OF COLORADO C/O V/BCRP CONDO: EAGLE POINTE CONDO/INTERVAL - PO BOX 36 AVON CO 81820 210312325039 UNIT:310 BK-0450 PG-0788 21 B 4006983 POINTES OF COLORADO GO VlBCRP P CONDO: EAGLE POINTE CONDO/INTERVAL O BOX 36 AVON CO 01620 210312325040 UN1T:371 BK-0450 PG-0788 219 4006984 POINTES OF COLORADO C/O V/BCRP P CONDO: EAGLE POINTE CONGO/INTERVAL O BOX 36 AVON CO 87620 210312325047 UN1T:312 BK-0450 PG-0788 220 4006905 POINTES OF COLORADO C/O V/BCRP P CONDO: EAGLE POINTE CONDO/INTERVAL O BO% 36 AVON CO 81620 210312325042 UN1T:313 BK-0450 PG-0788 221 4006906 POINTES OF COLORADO C/0 V/BCRP CONGO: EAGLE POINTE CONDOIINTERVAL PO BOX 36 AVON C 81820 210312325043 UN1T:314 BK-0450 PG-0788 ' CONDO: EAGLE FOINTE CONDO/INTERVAL 222 4006907 POINTES OF COLORADO C/O VlBCRP PO BOX 36 gVON CO' 87620 210312325044 UN1T:315 BK-Od50 PG-0788 223 4006988 POINTES OF COLORADO C/O V/BCRP P CONDO: EAGLE POIN7E CON00/INTERVAL O BOX 36 AVON CO 81620 270312325045 UN1T:316 BK-0450 PG-0788 224 4006989 POINTES OF COLORADO C/O V/BCRP P CONDO: EAGLE POINTE CONDO/INTERVAL O BOX 36 AVON CO 81820 210312325048 UN1T:317 BK-0450 PG-0788 225 4006991 POINTES OF COLORADO C/O V/BCRP PO CONDO: EAGLE POINTE CONDO/INTERVAL BO% 36 AVON CO 87820 210312325047 UN1T:318 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 226 4006992 POINTES OF COLORADO C/O VlBCRP PO BOX 36 AVON CO 81620 210312325048 UN1T:319 BK-0450 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 227 4006993 PGINTES OF COLORADO C/O V/BCRP PO BOX 3fi AVON CO 81620 270312325049 UNIT:320 228 4006994 POINTES OF COLORADO C/O V/BCRP PO BO% 36 AVON CO 87620 210312325050 CONDO: EAGLE POINTE CONDO/INTERVAL UNIT:321 BK-0450 PG-0788 ' ~ CONDO: EAGLE POINTE CONGO/INTERVAL 229 ROOfi996 POINTES OF COLORADO C/O V/BCRP PO BOX 3fi AVON CO 01620 210312325051 UN1T:322 BK-0450 PG-0788 CONDO: EAGLE POINTE CONOOlINTERVAL 230 4006997 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 01620 210372725052 UNIi:323 BK-Od50 PG-0788 CONDO: EAGLE POINTE CONDO/INTERVAL 231 8006998 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 87620 210312325053 UN1T:324 BK-0a50 PG-0788 CONDO: EAGLE POINTE CONGO/INTERVAL 232 4006999 POINTES OF COLORADO C/O V/BCRP PO BOX 36 AVON CO 81620 270312325054 UN1T:325 BK-0450 PG-0788 CONDO: CASCADE CLUB CONDO UNIT:1 _ ~ BK-0464 PG-OBBfi BK-O55fi PG-0617 ~ `~ ~ OS-ZO-91 BK-0565 PG-0927 PTD 233 4030770 L-O VAIL HOLDING INC C/O DELOITTE 8 TOUCHE LLP 555 77TH ST STE 3600 DENVER CO 00202 210372115001 70-30-91 BK-0685 PG-0028 SVJD 12-27-95 CONDO: CASCADE CLUB CONDO VNIT:2 BK-0464 PGO886 BK-0556 PG-0618 DEED OS-20-91 BK-OSfiS PG-0927 PTD 234 4030771 L-O VAIL HOLDING INC C70 DELOITTE 8 TOUCHE LLP 655 17TH ST STE 3600 DENVER 10-30-91 BN-0685 PG-0028 SWO CO 80202 210372115002 12-27-95 ~ ^. NotiSCation Marling Master Database Tom.Braun Glen Lyon Tract K Prepareo on fi/iB/2004 A B C D E F G H CONDO: CASCADE CLUB CONDO UN1T:3 BK-0464 PG-0886 BK-0567 PG-0025 PTD 11.15-91 BK-0583 PG-0766 WD OS-20-92 BK-0597 PG-0089 SWD 7Z-15-92 BK-0597 PG-0090 SWD 12-15-92 BK-0658 PG-0172 SWD 235 R030772 EMERALD ACRES lLC PO BOX 3149 VAIL CO 81658 210312115003 72-27-94 CONGO: CASCADE CLUB CONDO UNIT:4 Z36 R030773 CASCADE CLUB LTD C/O DELOITTE 8 TOUCHE LLP 555 17TH 5T STE 3600 DENVER CO 80202 2103121 i500d BK-0464 PG-0886 SUB:GIEN STREAM 45 BlK- LOT:- DESC: PARCEL A BK-0425 PG-0387 MAP 237 R012041 ROSSIVN M. VALENTINE PO BOX 910 VAIL CO 81658 210312106018 09-17-85 SUB:GIEN STREAM d5 BLK:-LOT:-DESC: PARCEL B 238 R072042 JANIE B. LIPNICK 6238 29TH ST NW WASHINGTON OC 20015 270312706019 BK-0425 PG0361 MAP 09.17-85 SUB:GIEN LYON SUB. BLK:• L0T:35 DESC: UNIT A MORGAN/CANADATOWNHSE. 279 R008771 WHITE ROCK PROPERTIES LLC PO BOX 449 EDWARDS CO 81632 210312725001 SUB:GLEN LYON SUB. BLK:• L0T:35 DESC: UNIT B MORGAWCANADATOWNHSE. 24C ROOB772 WHITE ROCK PROPERTIES LLC PO BOX 449 EDWARDS CO 81632 210312125002 SECT,TWN,RNG:12-5-87 DESC: PCLINSE7/4NW7/d OK-0203 PG-0531 VYD OB-03.67 BK-0417 PG-0217 OCD 241 R004010 l-0 WESTHAVEN INC C/O DEIOITTE 8 7OUCHE LlP - 555 17TH BT S7E 3600 DENVER CO 80202 210312200001 OS-29-85 DESC: PCLIN NEt/4NE1/4 BK-0188 PG-0545 2d2 R004750 G. LOVEN LLC 934 S FRONTAGE RD YAII CO 81657 270312700005 BK-0513 PG-0239 SVVD OB-28-89 SECT,TWN,RNG:12-5-81 DESC: NE1/4NE1/4 BK-0270 PG-0337 WD Ot-03-7B BK-0359 PG-0713 OCD OS-76-83 BK-0398 PG-0733 GEED 10.30-84 BK-0414 PG-0270 SD OS-0B-86 BK-0417 PG-0670 OCD - O6-1B-85 BK-0418 PG-0337 PTD 07-08-85 BN-0458 PG-0322 OCD 243 ROOd895 H 8 K MANAGEMENT LLC 953 S FRONTAGE RD W 230 VAIL CO 81657 270312100004 01.14-87 BK-0 TRACT:J DESC: H.E.S. SURVEY 103 BK-0236 244 R005580 UNITED STATES OF AMERICA GO US FOREST SERVICE PO BOX 948 GLENWOOD SPRINGS CO 81602 210321200015 PG-0317 WD D3-01.73 BK-0289 PG-0952 DESC: TRACT: SEGIVNJ/RNG: 6 5-80 PCLIN- BK-0166 PG-0061 BK-0191 PG0412 BK-OZ72 - 2d5 ROO6B09 TOWN OF VAIL GO FINANCE DEPT 75 5 FRONTAGE RD VAIL CO 01657 210107200001 PG-Ofi63 8K-0346 PG-0615 SECT,TWN,RNG:12-5.81 DESC: PCLIN NE7f45W1/4, NW1/4SW1/4 BK-0247 PG0308 VvO 04-30-75 BK-0298 24fi R006830 TOWN OF VAIL CIO FINANCE DEPT 75 S FROMAGE RD VAIL CO 81657 210312300002 PG-0222 WD 02-21-BO ' ~ ^ DESC: PCLIN SE7/4fIVJi/4 PCLIN SW7/4NE1/d PCLIN 247 R008269 TOWN OF VAIL C/O FINANCE DEPT 75 S FROMAGE RD VAIL ~ CO 81657 210312100070 NE7/4 BK-0265 PG-0901 OCD Ot-04-78 SECT,TWN,RNG:72-5-81 DESC: PCLIN ' BK-0429 PG-0064 OCD 10.18-85 BK-0429 PG-0065 OCD 10-/8-85 ' BK-0508 PG-0111 PTD D8-15-89 BK-0578 PG-0519 BSD 07-13-89 248 ROOB359 H 8 K MANAGEMENT LLC 953 S FRONTAGE RD W 230 VAIL CO 81857 210312100002 BK-0fi2B PG-0998 OCD 12-29.83 DESC: TRACT: PCLIN-E7(15W1/4 BK-0299 PG-0222 2d9 R012B41 TOWN OF VAIL C!O FINANCE DEPT 75 5 FRONTAGE RD VAIL CO 81657 210312300011 WD 02-21-80 SECT,TWN,RtJG:12-5-81 DESC: PCLIN SW1/4NE7f4 AKA WESTHAVEN SITE BK-0565 PG-0927 PTD 10-10-81 BK-0873 PG-0356 WD OB-01-95 R685215 EAS 0&08-BB 250 R030327 WESTHAVEN/CASCADE LLC GO JERALD L. VvUHRMAN PO BOX 3098 TEOUESTA ., FL 33469-0098 270312100017 DESC: PCLIN SW1/4NE7/4 A/K/A PLAZA d TERRACE ' - SITE BK-0565 PG-0921 PTD 10-10.81 BK-0685 251 R030332 L-O VAIL HOLDING INC C/O DELOITTE 8 TOUCHE LLP 555 77TH ST S7E 3600 DENVER CO 80202 210312100015 PG-0028 SWD 12-27-95 UNIT:47N SUB:GLEN LYON SUB. BLK:- LOT: DESC: UNIT 47N BK-0549 PG0718 DEC 03-11-91 BK-OSd9 - PG-0719 MAP 03-20-B7 BK-0Sd9 PG-0727 WD 03-13-91 BK-0557 PG-0942 VOID 07-05-91 BK-0557 PG-0943 WD 07-OS-91 BK-0557 PG-0944 WD 07-OS-91 BK-0565 , 252 R032B02 B. 8 L. HALSETH, C. 8 D. HAISETH, C.A KNOX 1776 W K ST BENICIA CA 94570-2415 210312108028 PG-0585 D UNIT:475 SUB:GLEN LYON SUB. BLK:- LD7:• DESC: UNIT 475 BK-0549 PG-0718 DEC 03-11-91 BK-0549 PG-0719 MAP 03-20-91 BK-0549 253 R032803 M.A. 8 ELEANOR BRAMANTE 7285 WESTHAVEN CIR VAIL CO 81657 210312106027 PG-0720 WD 03-13-91 Notification Mailing Master Dala6ase Tom Braun Glen Lyan Tracl K Preparetl on 6l1BJZOOd A B C 0 E F G H CONDO: COLORADO MOUNTAIN CONDO UNIT:C-001 BK-0556 PG0897 PTD 77-74-91 BK-0709 PG-0027 EAS 254 R032989 THOMAS B. HIGGINS GO AMERICAN SKI EXCHAtJGE II INC 225 WAIL ST VAIL CO 87657 210312114001 10-21-96 CONDO: COLORADO MOUNTAIN CONDOMINIUMS UNIT:C-707 DESC: BK-0566 PG0897 PTD 11-14-91 BK-0709 PG0027 EAS 10-Zt-98 R699673 SWD ' 255 R032990 NEIL d GABRIELA 61RDTKIN 7300 WESTHAVEN OR VAIL CO 81657 210372174002 06-08-99 CONDO: COLORADO MOUNTAIN CONDO ' ~ UNIT:G207 BK-0568 PGOB97 PTD 11-14-91 BK-Ofi65 PG-0620 BSD 02-22-95 BK-0615 PG-0244 OCD 07-01-93 BK-0fiB1 PG0566 WD _ 11-15-95 BK-0709 PG-0027 EAS 256 R032991 CASCADE VILLAGE THEATER INC - CMC RES SUBASSOC INC. PO BOX 1152 VAIL CO 81658 210372174003 10-21-96 ' CONDO: COLORADO MOUNTAIN CONDO UNIT:C-202 BK-0566 PG-0897 PTD 11-74-91 BK-0709 PG-0027 EAS 25i 8032992 NEIL SIROTKIN 2121 N FRONTAGE ROW 197 VAIL CO 81857 210312114004 10-21-96 ' CONDO: COLORADO MOUNTAIN CONDO UNIT:C-203 BK-0535 PG-0892 SD OB-i6-90 BK-0539 PG-0879 OCD OB-02-90 BK-0568 PG-0897 PTD it-1491 BK-0687 PG-0566 WO 11-15-95 BK-0709 PG-0027 EAS 258 R032993 CASCADE VILLAGE THEATER INC PO BOX 1152 VAIL CO B1fi5B 210312114005 70-21-96 CONDO: COLORADO MOUNTAIN CONGO UNIT:D-001 BK-0387 PG-0619 SK-0458 PG-0324 WD 02-25-B78K-0558 PGOfi78 05-20-91 BK-0565 ' PG-0927 PTD 10-30-91 BK-0685 PG-0028 SWD 12-27-95 BK-0708 259 R03299d L-O VAIL HOLDING INC GO DELOITTE 8 TOUCHE LLP 555 17TH ST STE 3600 DENVER CO 80202 210312114006 PG-0027 EAS 10-21-96 CONDO: COLORADO MOUNTAIN CONDO UNIT:R-1 BK-0387 PG-0619 BK-0399 PG0873 WD 10-31-B4 BK-0568 ' PG-0898 PTD 17-14-91 BK-0709 260 R032995 RONALD G, fl VIRGINIA F. ASKEW PO BOX 4091 EVERGREEN CO 80437-4091 210312114007 PG-0027 EAS 70-21-96 CONDO: COLORADO MOUNTAIN CONDO UNIT:R-2 BK-0387 PG-Ofi 19 BK-0399 ' PG-0813 10-31-84 BK-0566 261 R032996 RICHARD R. 8 MARY RUTH RYAN 938 N GLENAYNE DR GLENVIEW ~ IL fi0025 210312774008 PG-0898 PTD 11-74-97 BK-0709 PG-0027 EAS 10-27-9fi CONDO: COLORADO MOUNTAIN CONDO UNIT:R-3 BK-0387 PG-0619 BK-0399 PG-0873 10.31-84 BK-OSfi6 PG-0898 PTD 11-14-91 BK-0709 PG-0027 EAS 262 R032997 JAMES A NYOUIST 8 JOCELVN E. DURELS 967 SCIOTO DR FRANKLIN LAKES NJ 07417-2821 210372114009 10-21-9fi CONDO: COLORADO MOUNTAIN CONDO UNI7:R-0 BK-0387 PG-0819 BK-0399 PG-0813 10-31-84 BK-OSfi6 PG-0898 PTD 17-14-97 BK-0598 PG-0400 OCD 12-30-92 BK-0709 263 R032998 NEUfELD ENTERPRISES LTD PO BOX 11387 ~ GREEN BAY WI 54307 210372114010 PG-0021 EAS 10-21-9B CONDO: COLORADO MOUNTAIN CONDO UNIT:R-5 BK-0387 PG-0619 BK-0389 PG-0813 10-31-84 BK-0566 ' PG0898 PTD 11-14-91 BK-0709 264 R032999 KNIGHTSBRIDGE REALTY CORP C/O HOWE 8 ADDINGTON 450 LEXINGTON AVE STE 3800 NEW YORK NY 10017 210312114071 PG-0027 EAS 10-21-98 CONDO: COLORADO MOUN7AIIJ CONDO NNI7:R-6 BK-0387 PG-0619 BK-0399 PG-0B13 10-31-84 BK-0566 PG089B PTD 17-14-97 BK-0709 265 R033000 COVINGTON REALTY CORP C/O HOWE 8 ADDINGTON 450 LEXINGTON AVE STE 3800 NEW YORK NY 10017 210312114012 PG-0027 EAS 10-21-96 • DESC: PCLIN BW1/4NE1/4 VJESTIN HOTEL BK-0403 PG-0541 WD 12-27-eq BK-0403 PG0542 OCD 12-27-84 BK-0484 PG-0883 BK-055fi PG-0618 DEED 05-20-91 BK-0565 PG-0927 PTD 10-30-91 BK-0572 PG-0247 DEED 266 R033703 l-O VAIL HOLDING INC CIO DELOITTE 8 TOUCHE LLP 555 17TH ST STE 3600 DENVER CO 80202 210312100012 02-06-92 BK-0685 PG-0028 SWD 12-27.95 UNIT:IBE SUB:GLEN LYON SUB. BLK:- LOT:-DESC: UNIT 1BE BK-0488 26i R033993 RICHARD W. 8 JULIE L. MEISTER 39 LDOKWDDD AVE OLD GREENWICH CT 06870 210372403049 PG0170 UNIT:IBW SUB:GLEN LYON SUB. BLK- LOT:-DESC: UNIT i8W BK-0488 PG0170 BK-0559 PG-0041 WD 268 R033994 1359 GREENHILI COURT LlC 101 S CIERMONT DENVER CO 802d6 210312403050 07-24-91 Notification Mailing Master Database Tom Bra Glen Lyon Tract K Prepared on fi/1 Bl2004 A B C D E F G H CONDO: COLORADO MOUNTAIN CONDO UNIT:R-7 BK-0387 PG0619 0K-0399 PG-0B73 10-31-84 BK-0586 PGDB9B PTD 11-14-91 BK-0709 269 R034004 MARY M. BASS 6218 WILLOW LN DALLAS TX 75230 210312114013 PG-0027 EAS 10-21-9fi CONDO: COLORADO MOUNTAIN CONDO UNIT:R-8 BK-0387 PG-0619 BK-0399 PG0813 10.31-84 BK-0568 PG-0898 PTD 71-1491 BK-0652 PG-0941 OCD 10-12-94 BK-0709 270 R034005 CHRISTINE A MONFORT 3518 HOLMAN CT GREELEY CO 80631 210312114014 PG-0027 EAS 10-21-98 SUB:GLEN LYON SUB. 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HARRIS 2704 OCEAN FRONT OEL MAR CA 92074 270312122011 DEC 10-29-99 CONDO: LIFTSIDE CONDOMINIUMS UNIT:B-31 BK-0657 PG-0809 DEC 12-22-9d BK-0657 PG-0810 MAP 12-22-94 BK-0880 PG-0854 OCD ' 11-OB-95 BK-0685 PG-0782 OCD 301 R042213 JASh1INE INVEST 8 TRADE CORP GO MR. ROBERT ADAMS P.O. 00%522614 MIAMI FL 33152 210312122012 71-OB-95 CONDO: LIFTSIDE CONDOMINIUMS UNIT:B-32 DESC: BK-0657 PG-0809 DEC 12-22-94 BK-0657 PG-0810 MAP 12-22-94 BK-0697 PG-0890 OCD 04-01-96 BK-0692 PG-0889 OCD 302 R042214 EILEEN M. 8 JOHN J. HARDY 9 DERBYSHIRE WAY GREENVIILE DE 19807-2575 210312122013 04-18-96 CONDO: LIFTSIDE CONDOMINIUMS ' UNIT:B~1 BK-0657 PG-0809 DEC ~ 12-22-94 BK-0657 PG-0810 MAP 303 ROd2215 DOFIALD F. 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COHEN 5956 SHERRY LANE STE 725 DALLAS TX 75225 210312122020 O6-0B-95 R713337 DEC 10-29-99 CONDO: LIFTSIDE CONDOMINIUMS UNIT:G22 BK-0657 PG-0809 DEC 12-22-94 BK-0657 PG-0810 MAP 12-22-94 Rfi52329 OCD 310 R042222 RANDY F. DAVIS 1600 CRAIN HWi S STE 401 GLEN BURNIE MD 21601 210312122021 02-28-98 CONDO: LIFTSIDE CONDOMINIUMS UNIT: C-31 BK-Ofi57 PG-0809 DEC ' 12-22-94 BK•0657 PGOB10 MAP 371 R042223 PETER M. 8 JUDITH W. OAWKINS 00 WEST RIVER RD RUMSON NJ 07760 210312122022 12-22-94 CONDO: LIFTSIDE CONDOMINIUMS UNIT:C-32 DESC: BK-0fi57 PG-0809 DEC 12-22-94 312 R042224 PETER M. 8 JUDITH W. 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BLK:- LOT: DESC: PARCEL A 319 8042421 1245 WESTHAVEN LLC 1 HURLINGHAM CLUB RD FAR HILLS NJ 07931 210312107016 BK-0664 PG-0371 MAP 03-30-95 BK-0664 PG-0372 DEC 03-30-95 SUB:GLEN LYON SUB. BLK- LOT: DESC: PARCEL B 320 8042422 JASPERSEN FLP I LTD BK-0684 pG-0371 MAP 03-30-95 BK-0664 PG-0372 6043 STEFANI DALLAS TX 75225 210312107017 DEC 03-30.95 SUB:GLEN LYON SUB. BLK- L0T:37 DESC: PARCEL 321 8044637 LINDA RUDERh1AN 524 NORTH ST A BK-0705 PG-0699 MAP 09-18-96 BK-0705 GREENWICH CT 08830 210312107078 PG-0700 DEC 09-18-96 SUB:GLEN LYON SUB. BLK- L0T:37 DESC: PARCEL 722 8044678 WAVNE M RUTING PO B 4 B BK-0705 PG-0699 MAP 09-18-96 BK-0705 . OX 1 9 DENVER CO 80201-0149 210712107019 PG-0700 DEC 09-18-98 SUB:CASCADE CREEK BLK:-lOT:-DESC: PARCELS 323 8044935 JOHN T. 8 LYNN G. 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BLK:- L0T:1E 730 8046020 ANN B. 8 C. HARDY OLIVER, JR 408 COVE VIEW POINT COLUMBIA SC 29272 640 8649388 MAP 03-11-98 8649389 DEC 331 8051792 VAII CORP PO BOX 7 VAIL - 2 210312402012 03-11-98 Rfi534B5 OEC Od-23-9B 332 8054458 MICHAEL J. FREEMAN 6-B BLUE SEA LN KINGS POINT CO NV 81658 11024 210312124001 210312706032 SUS: GLEN LYON SUBDIVISION BLK• LOT: 42A DESC: PARCEL A 333 8054459 SKI CASCADE LLC C/O PETER 8 GRETCHEN BROWN 3fi96 LAKE MENDOTA DR MADISON WI 53705 210312106033 SUS: GLEN LYON SUBDIVISION BLK:- LOT: 420 DESC: PARCEL B ~- C c~i ~ ~n v~ ~ ~ ~~ ~Z.~~ t ~ ~~ ~ S~ ~ ~S~-e ~ \°i`-l~ - Ovs ~ b 1~~ ~ ~ e ~ r '~, c ~'?~ AC'S ~~ ~ ~- ~ C~C~ s .~ I °t °4~ ~, ~~ s-~~.~~s ~ ~ ~~ d'~e C~J,'s Cq~Ce~~ vs ,. ~. ,. 1 t~.o+ Mrs ~~ l+o sr~r(v~~ o~~~- 1 w ~; r MEMORANDUM TO: Vail Reinvestment Authority FROM: Director of the Vail Reinvestment Authority DATE: August 3, 2004 SUBJECT: A request for approvals of Resolution No. 4 and Resolution No. 5, Series of 2004 which would authorize the approval of the Lionshead Reinvestment Agreement and the condemnation of certain properties owned by Vail Resorts and the Town of Vail to remove covenants that impede redevelopment in Lionshead. 1. DESCRIPTION OF REQUEST The Vail Reinvestment Authority is being requested to: ^ Approve Resolution 4, Series of 2004 would authorize the Executive Director to execute the Reinvestment Agreement (Attachment 3) Approve Resolution.. Number 5, Series of 2004 would authorize the undertaking of the condemnation . of the development sites referenced in Exhibit A (Gore Creek Townhomes and Lionshead Core Site) which would enable the removal of covenants that impede redevelopment of these sites consistent with the Lionshead Public Facilities Vail Resorts Inc. is requesting that the Vail Reinvestment Authority condemn certain covenants on the West Day Lot and the Core Site that impede redevelopment of both sites. This would be done subject to an agreement that would specify the process for the condemnation action (i.e. legal steps for condemning the land and removing the covenants). This agreement is attached for the Vail Reinvestment Authority's consideration and approval. All costs that the Vail Reinvestment Authority will incur associated with this action will be compensated by Vail Resorts as part of the. Lionshead Reinvestment Agreement between the VRA and Vail Resorts Inc. 2. BACKGROUND The Town of Vail has approved the Lionshead Public Facilities Development Plan. The plan is a critical component in the implementation of the Lionshead Master Redevelopment Plan. Specifically the Lionshead Public Facilities Development Plan provides for the development of public improvements in the Lionshead area and the removal of specific covenants the impede redevelopment of Lionshead. The actions being requested of the Vail Reinvestment Authority as part of Resolutions 4 and 5 would facilitate the removal of the covenants referenced in the Lionshead Public Facilities Development Plan. The completion of the removal of these covenants would be subject to the approval of development improvement agreements for both the Core Site and the Gore Creek Townhomes. ~ S v~ [- ? 3. SUMMARY OF ATTACMENTS AND ACTIONS REQUESTED OF THE VRA AND THE VAIL TOWN COUNCIL The Vail Reinvestment Authorities legal counsel has been reviewing the following documents from overseas. However, he would like to specifically review all the documents upon returning to the country on August 2"d, 2004.• At the VRA meeting he may propose additional amendments to enhance the VRAs position or to clarify the following documents. Attachment 1 is Resolution 4, Series of 2004 of the Vail Reinvestment Authority which would authorize the Executive Director to execute the Reinvestment Agreement (Attachment 3) mentioned below. Attachment 2 is Resolution, 5, Series of 2004 of the Vail Reinvestment Authority which would authorize the undertaking of the condemnation of the development sites referenced in Exhibit A which would enable the removal of covenants that impede redevelopment of these sites consistent with the Lionshead Public Facilities Development Plan. It is important to note that this document has a signification condition in it which would only allow the completion of the condemnation process once the corresponding development improvement agreement is approved by the Vail Town Council on the Gore Creek Townhomes and then the Core Site. Attachment 3 is the Lionshead Reinvestment Agreement which would be executed by the Executive Director subject to the approval of Resolution 4. This agreement establishes the terms and provisions of the affected properties for proceeding with the condemnation referenced in Attachment 2. Attachment 4 is the proposed Gore Creek Covenants. This document would establish the new covenants on the West Day lot/Gore Creek Condominiums. Attachment 5 is the proposed Lionshead Core Site Covenants. This document would establish the new covenants on the Lionshead Core Site. Attachment 6 is a summary of the existing covenants and what provisions need to be changed to remove covenants that are impeding development.. It should be noted with Attachments 4 and 5 that only the specific covenants that are impeding development are being removed. It should also be noted that the Vail Reinvestment Authority will be asked to condemn Town owned property identified in exhibit C of the Vail Reinvestment Agreement. This land is located around the Lionshead Core Site where pubic and private improvements are proposed on Town land. 4. STAFF RECOMMENDATION Staff recommends that the Vail Reinvestment Authority approve Resolutions Number 4, Series of 2004 which would authorize the Executive Director to execute the Reinvestment Agreement (Attachment 3). Furthermore staff would recommend that the Vail Reinvestment Authority approve Resolution Number 5, Series of 2004 which would authorize the undertaking of the condemnation of the development sites referenced in r Exhibit A of this resolution which would enable the removal of covenants that impede redevelopment. If the Vail Reinvestment Authority chooses to approve these two resolutions, staff would recommend that the following finding be made: That the approval of resolutions 4 and 5, Series of 2004 are consistent with the Lionshead Public Facilities Development Plan and the Lionshead Master Redevelopment Plan. Attachment 1: Resolution 4, Series of 2004 Attachment 2: Resolution 5, Series of 2004 , Attachment 3: Lionshead Rienvestment Agreement Attachment 4 Proposed Gore Creek Covenants. Attachment 5: Proposed Lionshead Core Site Covenants. Attachment 6: Summary of the covenants F:\Users\cdev\RUSS\Projects\Lionshead\LionsheadTiflegaldocs\VRA080304.doc ~ ~ Attachment 1: Resolution 4, Series of 2004 RESOLUTION NO. 4 Series of 2004 A RESOLUTION OF VAIL REINVESTMENT AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY ON ITS BEHALF OF THE LIONSHEAD REINVESTMENT AGREEMENT, TO BE MADE WITH THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., AS THE OTHER PARTY THERETO, AND WITH THE JOINDER OF THE TOWN OF VAIL, IN FURTHERANCE OF ACQUIRING CERTAIN PROPERTIES IN THE LIONSHEAD AREA OF THE .TOWN OF VAIL BY POWER OF EMINENT DOMAIN. WHEREAS, the Town Council of the Town of Vail (the "Town") adopted the Lionshead Public Facilities Development Plan on March 16, 2004; and WHEREAS, the Lionshead Public Facilities Development Plan (the "Plan") authorizes actions by the Vail Reinvestment Authority to redevelop the area designated as the Lionshead Reinvestment Area; and WHEREAS, redevelopment of the Lionshead Reinvestment Area (the "Project") is necessary to alleviate those conditions of blight found in the Lionshead Reinvestment Study; and WHEREAS, acquisition of the properties described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the "Properties") is necessary for the completion of said Project; and WHEREAS, in order to properly initiate any necessary eminent domain proceedings to acquire the Properties, the Vail Reinvestment Authority must, under the terms of the Plan, secure the consent of the owners of the Properties, which are The Vail Corporation d/b/a Vail Associates, Inc. and VAMHC, Inc. (together "Vail Associates") and the Town; and WHEREAS, in furtherance of securing those consents, the Vail Reinvestment Authority is in the process of preparing and negotiating with the Town and Vail Associates a form of "Lionshead Reinvestment Agreement" (the "Agreement") relating to such eminent domain proceedings, and including, among other things, the requisite consents of the Town and Vail Associates (with the Vail Reinvestment Authority and Vail Associates to be the primary parties thereto, and with the Town's consent to be by joinder); and WHEREAS, the Vail Reinvestment Authority has determined to authorize the execution and delivery of the Agreement on its behalf. NOW, THEREFORE, BE IT RESOLVED by the Vail Reinvestment Authority, that: 1. The Executive Director/Secretary of the Vail Reinvestment Authority, Stanley B. Zemler, is hereby authorized to execute, acknowledge and deliver the Agreement on behalf of and as the act of the Vail Reinvestment Authority, with the Agreement to be made in substantial conformity with the form attached hereto as Exhibit B and incorporated herein by this reference. 2. A copy of this Resolution shall be forwarded to the Town and Vail Associates. 625421.2 RCFISH INTRODUCED, READ AND ADOPTED by a vote of For and Against at a regular meeting of the Vail Reinvestment Authority on August 3, 2004, at o'clock p.m. at Vail Municipal Building, 75 South Frontage Road, Vail, Colorado. ATTEST: Rodney Slifer, Chair Stan B. Zemler, Secretary/Executive Director 625421.2 RCFISH *2 EXHIBIT A Legal Description (Lionshead Core Property) PARCEL A: LOT 4 BLOCK 1, VAIULIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B: `~_,; TRACT D, VAIULIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL C: TRACT C, VAIULIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO PARCEL D: TRACTS G AND H, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL E: TRACT C, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL F: LOT 2, BLOCK 1, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL G: TRACT A, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. 625421.2 RCFISFI A-1 EXHIBIT A (Cont.) Legal Description (Gore Creek Property) PARCEL 1 A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION NO. 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTHOUSES AS RECORDED ON JANUARY 27, 2003 AT RECEPTION N0. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION N0.780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6T" PRINCIPAL MERIDIAN, BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 18°54' 12" W A DISTANCE OF 541.47 FEET TO A POINT ON THE SOUTHEAST BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (3) THREE COURSES: 1) S 83°59' 19" W A DISTANCE OF 30.00 FEET; 2) S 76°44' 19" W A DISTANCE OF 135.64 FEET; 3) S 66°54' 19" W A DISTANCE OF 72.29 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL DESCRIBED AT RECEPTION NO. 780248 THE FOLLOWING (3) THREE COURSES: 1) S 66°54' 19" W A DISTANCE OF 210.00 FEET; 2) S 15°46'41" E A DISTANCE OF 3.15 FEET; 3) S 74°12'56" W A DISTANCE OF 26.69 FEET TO THE EAST BOUNDARY LINE OF SAID LOT B, MORCUS SUBDIVISION, THENCE ALONG THE SOUTH BOUNDARY OF SAID LOT B THE FOLLOWING (3) THREE COURSES: 1) S 74°12'56" W A DISTANCE OF 253.31 FEET; 2) S 77°29' 10" W A DISTANCE OF 89.72 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT B; 3) N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF: WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 74°12'56" E A DISTANCE OF 167.69 FEET; THENCE S 20° 17' 11" E A DISTANCE OF 8.78 FEET; THENCE N 69°42'49" E A DISTANCE OF 253.77 FEET; THENCE N 20°17' 11" W A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 57.33 FEET; THENCE S 20° 17' 1.1" E A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 225.52 FEET; THENCE N 82°49'24" E A DISTANCE OF 59.29 FEET; THENCE N 39°10' 12" E A DISTANCE OF 18.52 FEET; THENCE N 02°44'06" W A DISTANCE OF 4.88 FEET; THENCE N 68°30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (2) TWO COURSES: 1) S 21°30'33" E A DISTANCE OF 20.54 FEET; 2) THENCE S 02°26'32" E A DISTANCE OF 130.76 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 625421.2 RCFISH ~ A-2 ~ ~ ~ .. Exhibit A (Cont.) Legal Description (Gore Creek Property) PARCEL 2 A PARCEL OF LAND PREVIOUSLY LOCATED WITHIN VAIL VILLAGE SECOND FILING, ACCORDING TO THE PLAT THEREOF RECORDED ON JANUARY 9 1963, AT RECEPTION N0.96928, AS RE-RECORDED AND/OR AMENDED BY PLAT RECORDED MARCH 25, 1963, AT RECEPTION N0.97199, NOW BEING LOCATED WITHIN LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION No. 151373, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION N0.780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIPS SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 51°35'00" W A DISTANCE OF 1216.47 FEET TO A POINT ON THE WEST CORNER OF SAID LOT B MORCUS SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING. THENCE N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 10.66 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG THE NORTHERLY LINE OF SAID VAIL VILLAGE SECOND FILING N 74°14'26" E A DISTANCE OF 412.70 FEET; THENCE S 69°42'49" W A DISTANCE OF 245.07 FEET; THENCE N 20°17'11" W A DISTANCE OF 8.78 FEET; THENCE S 69°42'49" W A DISTANCE OF 167.69 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 625421.2 RCFISH ~ A -3 EXHIBIT B Lionshead Reinvestment Agreement 62542 L2 RCFISH Attachment 2: Resolution, 5, Series of 2004 RESOLUTION NO.5 Series of 2004 A RESOLUTION DECLARING THE INTENT OF THE VAIL REINVESTMENT AUTHORITY TO ACQUIRE CERTAIN PROPERTIES IN LIONSHEAD FOR THE SPECIFIED PUBLIC PURPOSE OF REDEVELOPMENT IN CONFORMANCE WITH THE LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN, FOR GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PROPERTIES, AND AUTHORIZATION TO INITIATE AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTIES IN THE EVENT GOOD FAITH NEGOTIATIONS ' DO NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPERTIES. WHEREAS, the Town Council of the Town of Vail adopted the Lionshead Public Facilities Development Plan on March 16, 2004; and WHEREAS, the Lionshead Public Facilities Development Plan (the "Plan") authorizes actions by the Vail Reinvestment Authority to redevelop the area designated as the Lionshead Reinvestment Area; and WHEREAS, redevelopment of the Lionshead Reinvestment Area (the "Project") is necessary to alleviate those conditions of blight found in the Lionshead Reinvestment Study; and WHEREAS, acquisition of the properties described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the "Properties"), is necessary for the completion of said Project; and WHEREAS, the Vail Reinvestment Authority has determined that it is necessary to acquire the Properties, and that, in the event that good faith negotiations do not result in voluntary acquisition of unencumbered fee title to the Properties, it is necessary that the Vail Reinvestment Authority acquire said Properties through the use of the power of eminent domain as authorized by the Lionshead Public Facilities Development Plan, and in Article II, Section 15 of the Constitution of the State of Colorado and irrC.R.S. §§ 38-1-101., of seq., and 38-7-101, et seq:; and WHEREAS, the Vail Reinvestment Authority has secured the consents of the affected owners (the Town of Vail, VAMHC, Inc., and Vail Associates, Inc.) to the exercise of eminent domain, as required under the Plan, pursuant to the terms of a "Lionshead Reinvestment Agreement': made among those parties as of or prior to the rendering of this Resolution (which terms require good faith negotiations in the first instance to complete the acquisition voluntarily). NOW, THEREFORE, BE IT RESOLVED by the Vail Reinvestment Authority, that: 1. The Vail Reinvestment Authority hereby finds that it is necessary to acquire the Properties described in Exhibit A hereto to achieve the goals of the Lionshead Public Facilities Development Plan. 2. The Vail Reinvestment Authority does hereby declare its' intent to acquire unencumbered fee title to the Properties described in Exhibit A hereto from their owners and all others having an interest therein; the Properties may be acquired collectively at one time, or as various parcels from time to time, as determined by the Vail Reinvestment Authority. 625193.3 RCFISH 3. The Vail Reinvestment Authority specifically authorizes that negotiations between the Vail Reinvestment Authority and the owners of the Properties occur in good faith, but in the event such negotiations are unsuccessful, acquisition of the unencumbered fee title to the Properties from the record owners thereof and all other parties having an interest therein, through use of the Authority's powers of eminent domain granted by the Constitution of the State of Colorado, by the Statutes of the State of Colorado, and the Lionshead Public Facilities Development Plan is hereby authorized. 4. A copy- of this Resolution shall be forwarded to the record owners of the Properties and all parties who may have an interest in the Properties. INTRODUCED, READ AND ADOPTED by a vote of For and Against at a regular meeting of the Vail Reinvestment Authority on August 3, 2004, at o'clock p.m. at Vail Municipal Building, 75 South Frontage Road, Vail, Colorado. Rodney Slifer, Chair ATTEST: Stan Zemler, Secretary/Executive Director 625193.3 RCFISH ~ ~ - 2 Exhibit A Legal Description (Lionshead Core Property) PARCEL A: LOT 4 BLOCK 1, VAIULIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B: TRACT D, VAIULIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL C: TRACT C, VAIULIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO PARCEL D: TRACTS G AND H, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL E: TRACT C, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL F: LOT 2, BLOCK 1, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL G: TRACT A, VAIULIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. ~- 625193.3 RCFtSH ~ ' A-1 Exhibit A (Cont.) Legal Description (Gore Creek Property) PARCEL 1 A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION NO. 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTHOUSES AS RECORDED ON JANUARY 27, 2003 AT RECEPTION NO. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION N0.780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:. BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6'~ PRINCIPAL MERIDIAN, BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 18°54' 12" W A DISTANCE OF 541.47 FEET TO A POINT ON THE SOUTHEAST BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (3) THREE COURSES: 1) S 83°59' 19" W A DISTANCE OF 30.00 FEET; 2) S 76°44' 19" W A DISTANCE OF 135.64 FEET; 3) S 66°54' 19" W A DISTANCE OF 72.29 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL DESCRIBED AT RECEPTION N0.780248 THE FOLLOWING (3) THREE COURSES: 1) S 66°54'19" W A DISTANCE OF 210.00 FEET; 2) S 15°46'41" E A DISTANCE OF 3.15 FEET; 3) S 74°12'56" W A DISTANCE OF 26.69 FEET TO THE EAST BOUNDARY LINE OF SAID LOT B, MORCUS SUBDIVISION, THENCE ALONG THE SOUTH BOUNDARY OF SAID LOT B THE FOLLOWING (3) THREE COURSES: 1) S 74°12'56" W A DISTANCE OF 253.31 FEET; 2) S 77°29' 10" W A DISTANCE OF 89.72 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT B; 3) N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 74°12'56" E A DISTANCE OF 167.69 FEET; THENCE S 20° 17' 1 l" E A DISTANCE OF 8.78 FEET; THENCE N 69°42'49" E A DISTANCE OF 253.77 FEET; THENCE N 20°17' 11" W A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 57.33 FEET; THENCE S 20° 17' 11" E A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 225.52 FEET; THENCE N 82°49'24" E A DISTANCE OF 59.29 FEET; THENCE N 39°10'12" E A DISTANCE OF 18.52 FEET; THENCE N 02°44'06" W A DISTANCE OF 4.88 FEET; THENCE N 68°30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (2) TWO COURSES: 1) S 21°30'33" E A DISTANCE OF 20.54 FEET; 2) THENCE S 02°26'32" E A DISTANCE OF 130.76 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 625197.3 RCFISH - 11-2 ' Exhibit A (Cont.) Legal Description (Gore Creek Property (Cont.)) PARCEL 2 A PARCEL OF LAND PREVIOUSLY LOCATED WITHIN VAIL VILLAGE SECOND FILING, ACCORDING TO THE PLAT THEREOF RECORDED ON JANUARY 9 1963, AT RECEPTION N0.96928, AS RE-RECORDED AND/OR AMENDED BY PLAT RECORDED MARCH 25, 1963, AT RECEPTION N0.97199, NOW BEING LOCATED WITHIN LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION No. 151373, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO. 780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 51°35'00" W A DISTANCE OF 1216.47 FEET TO A POINT ON THE WEST CORNER OF SAID LOT B MORCUS SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING. THENCE N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 10.66 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG THE NORTHERLY LINE OF SAID VAIL VILLAGE SECOND FILING N 74°14'26" E A DISTANCE OF 412.70 FEET; THENCE S 69°42'49" W A DISTANCE OF 245.07 FEET; THENCE N 20° 17' 11" W A DISTANCE OF 8.78 FEET; THENCE S 69°42'49" W A DISTANCE OF 167.69 FEET TO THE TRUE POINT OF BEGINNING COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 62S 193.3 RCFISH A-3 Attachment 3: Lionshead Reinvestment Agreement Lionshead Reinvestment Agreement THIS LIONSHEAD REINVESTMENT AGREEMENT ("Agreement") is made as of the day of 2004, by and between VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the "Authority"), and THE VAIL CORPORATION d/b/a VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"), and VAMHC, INC., a Colorado corporation (together and in the singular the "Owner(s)," which terms will include their respective successors and assigns). Recitals: A. The Authority is a body corporate and has been duly created, organized, established and authorized to exercise its powers as an urban renewal authority within the Town of Vail, Colorado ("Town"), all under and pursuant to the Colorado Urban Renewal Law, C.R.S. § 31-25-101 et seq. (the "Act"). , B. An urban renewal plan, entitled the "Lionshead Public Facilities Development Plan," and also referred to as the "Lionshead Public Facilities Investment Plan," was duly and regularly approved by the Town Council of the Town pursuant to a hearing held and action taken by Resolution No. 11, Series of 2004, on March 16, 2004 (as from time to time amended in accordance with the Act, the "Plan"). C.. The Plan, inter alia, authorizes actions by the Authority in furtherance of tl~e redevelopment of the site owned in fee by Vail Associates and legally described on Exhibit A attached hereto and commonly referred to as the Lionshead "Core" (the "Core Property"), and also the redevelopment of a portion of what is commonly known as the "West Day Lot," which portion is legally described on Exhibit B hereto, is owned by the Owners, and lies proximate to Gore Creek (the "Gore Creek Property"). The Core Property and Gore Creek Property may each be sometimes referred to hereinafter as a "Property," and they may sometimes be referred to hereinafter together as the "Properties." The term "Owners" when used herein shall be construed to mean, in reference to each Property, only the owner or owners of that particular Property, it being intended that the provisions, agreements, rights and obligations hereunder attendant pertaining or attendant to that particular Property shall inure to and bind only the owner or owners of that Property. D. Portions of the Core Property described on Exhibit C attached hereto (the "Town Properties") are owned in fee by the Town, and the Town, as hereinafter set forth, has executed and joined in this Agreement for certain purposes in relation to the Town Properties. (References herein to the Core Property will include the Town Properties unless such inclusion is contextually inappropriate in any given instance.) E. Vail Associates is proposing to redevelop the Core Property as amixed- use project (the "Core Project"), which may include, without limitation, residential condominium and/or other multi-family units; public accommodations, including hotel and/or lodge uses; commercial. retail uses, including, without limitation, restaurants, coffee shops and other eating and drinking establishments; public and recreational uses and structures, including, without 620936.6 RCFISH limitation, an outdoor skating rink, open plaza and other areas allowing for recreational or entertainment activities and amenities,-and ski clubs or similar associations or operations related to sporting, recreational or outdoor activities; parking facilities and uses; and other uses, improvements and facilities ancillary, incidental or related to any of the foregoing, including, without limitation, pedestrian and vehicular access ways and facilities, and loading/delivery facilities. In furtherance of the Core Project, Vail Associates is in the process of securing various development approvals from the Town that are requisite to undertaking the Core Project, and in that regard_has submitted, for review and approval by the Town's Planning and Environmental Commission, design development plans for the Core Project, entitled "Lionshead Core Area Redevelopment," prepared by 42/40 Architecture, Project No. 20826.02, and dated as of June 7, 2004 (the "Core Design Plans"). F. The Owners are proposing to redevelop the Gore Creek Property as a multi-family residential project, comprised of sixteen (16) residential units in what is essentially a duplex townhome configuration, which project is presently planned to be developed and marketed under the trade name "Gore Creek Place" (the "Gore Creek Project"). In furtherance of the Gore Creek Project, the Owners have secured various development and planning approvals from the Town that are requisite to undertaking the Gore Creek Project, and is in the process of pursuing final building permit approval for proceeding with the construction of the Gore Creek Project. The Gore Creek Project and the Core Project are sometimes referred to hereinafter collectively and in the singular as the "Project(s)." G. The undertaking of each Project remains subject in each case to the making of a development agreement between the Town and the Owners (in each case the "Development Agreement"), which may establish, among other things, development commitments that are satisfactory to the Town. H. The Properties are encumbered by certain use restrictions and other limitations arising under (i) the Protective Covenants for Vail Village, Second Filing, as originally recorded in the real property records for Eagle County, Colorado (the "Records") on January 9, 1963, at Book 174, Page 43,1, and as amended by instrument recorded in the Records on August 27, 1964, at Book 183, Page 239; (ii) the Protective Covenants for Vail/Lionshead, First Filing, as originally recorded in the Records on May 18, 1970, at Book 217, Page 675, and as amended by instrument recorded in the Records on August 39, 1971, at Book 221, Page 498; and (iii) the Protective Covenants for Vail/Lionshead, Third Filing, as originally recorded in the Records on October 15, 1971, at Book 221, Page 991, and as amended by instrument recorded in the Records on August 12, 1977, at Book 258, Page 453 (collectively, the "Covenants"). The Covenants contain use restrictions and other limiting provisions that may proscribe or conflict with the development of the Projects on the Properties. I. Pursuant to the Plan and the Act, the Authority has the power of eminent domain to acquire and convey to the Owners or either of them, or another qualified purchaser, each of the Properties at fair value. In furtherance of the Plan, the Authority intends to exercise its eminent domain powers to acquire the Properties for purposes of extinguishing and removing the Covenants as obstructions to the Projects. ~' '' 620936.6 RCFISH 2 J. Under the terms of the Plan, the Authority may exercise its powers of eminent domain only with the consent of the owner of any fee interest to be condemned. The Owners have determined to provide their consent pursuant to the terms of this Agreement (which consent is supplemented by the joinder of the Town as hereinafter set forth). K. It is anticipated that the Town will further amend and supplement the Plan to authorize and implement tax increment financing (the "TIF"), as authorized under the Act, for undertaking various projects of public infrastructure within the Lionshead area of the Town. In furtherance thereof, it is also contemplated by the Authority and the Owners that this Agreement will be subsequently amended, on terms and conditions mutually agreed upon by the parties, to institute development commitments for undertaking the Projects and thereby furnishing a future financial basis for supporting the TIF debt service. NOW, THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency, of which are hereby acknowledged, the parties hereto agree as follows: 1. Authority's ACQUlsltlon Efforts. (a) The Authority will offer to purchase the unencumbered fee interest, free of all covenants and restrictions, (i) in the Core Property from Vail Associates for a total compensation of $78,700,000, and (ii) in the Gore Creek Property from the Owners for a total compensation of $30,500,000 (in each case the applicable "Offer Price"). In the event that the Owners reject the Authority's offer or are unable to convey unencumbered fee title to the applicable Property free of all covenants and restrictions, the Authority will commence an eminent domain proceeding in Eagle County District Court (the "District Court") to acquire fee title to the applicable Property and will prosecute such proceeding to completion using all good faith efforts (together and in the singular the "Eminent Domain Proceeding(s)"). To the extent an Eminent Domain Proceeding must be undertaken for either Property, it shall be commenced and prosecuted separately from any Eminent Domain Proceeding for the other Property. The Authority will use good faith efforts to commence any such Eminent Domain Proceeding by not later than August 4, 2004, and to obtain an order vesting title to the applicable Property in the Authority, free and clear of the Covenants, but subject to and without condemning those title interests reflected on Exhibit D-1 hereto for the Core Property and on Exhibit D-2 hereto for the Gore Creek Property (in each case the "Remaining Exceptions"). (b) The Authority specifically acknowledges and agrees, without limitation, that the Remaining Exceptions, as reflected on Exhibits D-1 and DD=2, will include any easements heretofore or hereafter granted by or made with or for the benefit of the Owners and burdening and/or benefiting the applicable Property, or any portion thereof, and any agreements and provisions thereunder. Such easements may include, without limitation, an exclusive easement for development, use and enjoyment encumbering the portion of the Gore Creek Property described as Parcel 2 on Exhibit B hereto and constituting an appurtenance to the development site to the north thereof commonly known as the "West Day Lot." 620936.6 RCFISH ~ 3 (c) Nothing in this Agreement will be construed as prohibiting or infringing upon the Authority's ability to exercise its lawful power of eminent domain with respect to any property other than the Properties. (d) The Authority shall not request or receive a final rule and order in an Eminent Domain Proceeding vesting title to either Property in the Authority prior to the selection of a successful "Respondent" pursuant to the resale procedure set forth in paragraph 4 below. In addition, the Authority at its election may refrain from requesting such fmal rule and order until the Town and the Owners have made the Development Agreement for the applicable Property. The Owners will have the right to join in the motion for the final rule and order. (e) If the Authority is successful in securing a final rule and order in the applicable Eminent Domain Proceeding, but subsequently the adjudication in the Eminent Domain Proceeding becomes the subject of appeal or is contested by a claim brought in another third-party proceeding, then upon the request and at the election of Vail Associates, the Authority will defend any such appeal or claim in good faith and in consultation with Vail Associates. Such defense, if undertaken, may be terminated at any time at Vail Associates' election upon written notice to the Authority, in which case the Authority will make appropriate pleadings in the applicable action to terminate the defense of the appeal or claim. The costs and expenses incurred by the Authority in furnishing any such defense shall constitute part of the Eminent Domain Costs (as hereinafter defined), and the same shall be a payment obligation reimbursable by Vail Associates in accordance with the terms hereof applicable to the Eminent Domain Costs. The respective rights and obligations of the parties under this paragraph (e) will survive any termination of this Agreement. 2. Disclaimer. The Authority makes no representation or warranty that it will prevail in any Eminent Domain Proceeding; provided, however, that nothing in this paragraph will negate or impair the Authority's obligations under the other provisions of this Agreement in connection with any Eminent Domain Proceeding. Notwithstanding any other provision of this Agreement to the contrary, Owners will not be liable to the Authority or any other party for any Eminent Domain Costs or any other costs, expenses, judgments, damages or liabilities arising from any act, omission or conduct of the Authority which is in violation of the Authority's obligations under this Agreement. 3. Stipulation. In any Eminent Domain Proceeding, the Owners and the Authority will mutually stipulate to the District Court that the. Owners, by virtue of this Agreement, are receiving adequate credit and protection from the Authority for securing the payment to the Owners of any compensation adjudicated in favor of the Owners in the Eminent Domain Proceeding, and, as necessary, will correspondingly waive rights to receive that adjudicated compensation from the District Court pursuant to C.R.S. § 38-1-112, provided the payment of the same into the District Court is not required. If, notwithstanding such stipulation, the District Court requires that such compensation be deposited in its registry, then the Owners will pay the same as part of the Eminent Domain Costs (hereinafter defined). The parties will also stipulate in the Eminent Domain Proceeding that the fair market value of the applicable Property equals the applicable Offer Price for purposes of obviating any need for appraisals. 620936.6 RCFISH - ~ 4 4. Resale Procedure. (a) Upon initiation of any Eminent Domain Proceeding, the Authority will forthwith, in accordance with C.R.S. § 31-25-106(2), invite proposals for the acquisition and redevelopment of the applicable Property, which proposals must be submitted within two (2) weeks after the date of this Agreement, and promptly make a determination of a qualified proposal that it will accept. In order to qualify for acceptance and approval of the Authority, any responsive proposal must demonstrate that the party responding as the proposed purchaser (the "Respondent") satisfies the following conditions (the "Qualification Conditions"): (i) 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. (ii) 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 own other development projects or sites within the Town. (iii) The Respondent must make commitments or assurances satisfactory to the Authority for undertaking the applicable Project. (iv) With respect to the Core Property, it is essential to the public interests of the Town, and to Vail Associates and/or its affiliates as the owner and operator of the skiing and other operations on Vail Mountain, that those existing improvements and facilities in the Core Property which support or relate to skiing and other recreational operations and uses of Vail Mountain (the "Recreational Facilities") be preserved in the redevelopment process for the use and benefit of Vail Associates and its affiliates; that associated employee housing and office uses not be adversely disrupted during the redevelopment process; and that the Core Project as ultimately developed will be compatible with and further facilitate the Town's standing as a preeminent (if not the preeminent) ski resort in North America. Accordingly, in order for any proposed Respondent other than Vail Associates to qualify and make a bid that may be accepted, such Respondent must reach written agreement with Vail Associates on the following matters: (A) The provision in perpetuity of the Recreational Facilities (as the same may be replaced, supplemented, or changed over time) to Vail Associates and its affiliates for the use and enjoyment of the same in connection with the operation and uses of Vail Mountain, with Vail Associates not being required to repurchase, lease or otherwise pay any consideration for an ownership or possessory interest in the Recreational Facilities or applicable portions of the Core Property, and otherwise by means and upon terms satisfactory to Vail Associates. 6209}6.6 RCFISH ~ 5 (B) During .the construction process, the provision of interim employee housing, office space and skiing and recreational service and other facilities for the benefit of Vail Associates and its affiliates, again to be by means and upon terms, and at locations, satisfactory to Vail Associates, in order to replace the resulting loss of employee housing and office space presently located within the Core Property (in Sunbird Lodge and the Gondola building) until Vail Associates or its affiliates can furnish permanent replacement facilities, and also in order to compensate for the interim inability to use the affected Recreational Facilities during the construction process. (C) The Respondent's making _ of commitments satisfactory to Vail Associates to enter into such management and other agreements with Rock Resorts, Inc., and related affiliates, as are necessary to develop and operate on the Core Property a "Rock Resorts" hoteUpublic accommodations facility, and to otherwise develop the Core Project with a scope and uses and of a quality and nature materially consistent with that reflected in the Core Design Plans. The Recreational Facilities include, without limitation, ski school, ski locker and storage, ski rentals, lift ticket sales facilities, and loading/delivery facilities serving Vail Mountain (including the existing tunnel serving the Eagle Bahn Gondola terminal), and all facilities presently located in Tract D, Vail/Lionshead First Filing. Vail Associates may require, again without limitation, that the Recreational Facilities conform to the Core Design Plans. (v) If the Respondent selected is other than Vail Associates, then the Respondent, as part of its proposal, must contemporaneously deposit with the Authority an amount in cash equal to or greater than the applicable Offer Price (the amount being thus paid being referred to herein as the "Purchase Price"). The applicable Offer Price, which the Authority hereby stipulates and agrees is not less than the fair value of the applicable Property, will constitute the minimum required Purchase Price under any proposal from any Respondent that the Authority proposes to accept. As compensation for the Owners' ownership interests in the applicable Property, Vail Associates, as a Respondent, will receive full credit for the applicable Offer Price; in addition, if a proposal from athird- party Respondent is accepted, the resulting Purchase Price thus paid by the third party Respondent will be immediately remitted to the Owners by the Authority upon acceptance of the third party proposal (and this obligation of the Authority will survive any termination of this Agreement). VAMHC, Inc. hereby irrevocably and unconditionally authorizes Vail Associates to act on its behalf as a Respondent in the resale procedure for the Gore Creek Property, irrevocably assigns to Vail Associates exclusive authority in that regard, and further irrevocably assigns to Vail Associates all right to use and enjoy the credit in favor of the Owners based on the Offer Price for the Gore Creek Property, as such credit is established under the foregoing provision. 620976.6 RCFISH ~ ~ 6 (b) Each Property, as separately described on Exhibit A and Exhibit B hereto, must be conveyed by the Authority as a whole. In no event may the Authority convey the applicable Property, or any interests therein, to any third party Respondent unless (i) the. Respondent has provided development commitments or assurances for the applicable Property that in economic and monetary value are at least equal to the commitments and assurances put forth by Vail Associates as a Respondent, (ii) the requisite Purchase Price is paid in cash to the Owners as set forth above, and (iii) the Qualification Conditions are otherwise satisfied for that Respondent. However, and as required by the Town's joinder to this Agreement, the Town Properties, if acquired by the Authority, will be reconveyed by the Authority to the Town, without any compensation to the Owners, but after the recording by the Authority of the applicable new covenants referenced in paragraph 9(a) hereof. With respect to the Qualification Conditions as applied to Vail Associates: (i) The Authority acknowledges and agrees that Vail Associates satisfies all of the Qualification Conditions under paragraphs 4(a)(i) and 4(a)(ii) above. (ii) The Qualification Condition under paragraph 4(a)(iii) above will in any event be satisfied for Vail Associates by the pertinent terms of the Development Agreement(s), as applicable, when the same are made. (c) Following the Authority's acquisition of title to the applicable Property, and again provided that Vail Associates is the successful Respondent, then. Vail Associates shall have (and the Authority hereby grants Vail Associates) a license to enter upon and occupy the applicable Property for undertaking development and redevelopment activities, and also for continuing historical operations and uses. This license is and shall be irrevocable and coupled with an interest, and no compensation will be payable to the Authority for such license. Without limitation on the generality of the foregoing, the Authority specifically acknowledges and agrees that Vail Associates will have the right to sublicense portions of the applicable Property to permit entry into the applicable Property in furtherance of development and redevelopment functions to be undertaken by contractors or other parties acting by, through or under Vail Associates. The Authority also acknowledges that Vail Associates and its affiliates may intend to continue with historical uses and operations on the applicable Property, and also initiate redevelopment activities thereon, before the Authority's acquisition of title, and to that end the Authority agrees that it will not, in the applicable Eminent Domain Proceeding, obtain or seek to obtain possession of the applicable Property before the entry and recording of the rule and order vesting title. This paragraph (c) shall not apply to the Town Properties. 5. Eminent Domain Costs. The Owners will reimburse the Authority for all reasonable costs and expenses incurred by the Authority during the term of this Agreement in any Eminent Domain Proceeding for the applicable Property, including attorneys' fees, court fees and charges, travel costs, reimbursable respondent costs (if any), and any amounts required to be deposited with the .District Court (collectively "Eminent Domain Costs"). Such reimbursement will be made by the Owners within thirty (30) days after receipt of an invoice 620936.6 RCFISH ~ / therefor from the Authority, which invoice must be supported by paid receipts and other documentation reasonably substantiating the applicable sums incurred and subject to reimbursement. However, in the case of any amounts required to be deposited with the District Court in connection with the applicable Eminent Domain Proceeding, the Owners will make such reimbursement within any shorter period of time that such deposit is required by the District Court. Notwithstanding any implications to the contrary in the foregoing provisions, the Owners will not be obligated to reimburse, and will not have any liability for, any Eminent Domain Costs which are incurred by the Authority as a result of or in connection with any violation of the Authority's obligations under this Agreement. 6. Consent. As required by the Plan, the Owners hereby consent to the condemnations by the Authority of the Owners' fee interests in the Properties, provided such condemnations must be undertaken in accordance with the terms, conditions and provisions of this Agreement. The Authority acknowledges and agrees that the Owners have not otherwise furnished such consent. Upon any termination of this Agreement, at Vail Associates' election this consent will become null and void. 7. Rejection of Vail Associates. If a third party other than Vail Associates is accepted by the Authority as the successful Respondent to acquire either Property pursuant to paragraph 4 above, the Authority will, within thirty (30) days after such acceptance, reimburse the Owners for all monies previously advanced by them under this Agreement, including, without limitation, the Eminent Domain Costs and any and all amounts deposited with the District Court (except to the extent those deposited amounts are remitted directly to the Owners), together with interest on all such amounts from the date advanced by the Owners to the date reimbursed by the Authority at the prime rate of interest then in effect, as announced from time to time by the Wall Street Journal, plus 2% per annum. In addition, any obligations of Vail Associates under this Agreement that would otherwise accrue in relation to the applicable Property will cease and be of no further force or effect upon the acceptance of such third party. 8. Condition of Title. If Vail Associates is accepted by the Authority as the successful Respondent pursuant to paragraph 4 above, the Authority will provide to Vail Associates, at Vail Associates' expense, a current title insurance commitment for insuring title to the applicable Property in Vail Associates (the "Title Commitment"), to be issued by Land Title Guarantee Company, from its offices in Vail, Colorado, and on its own behalf and as agent for Chicago Title Insurance Company (the "Title Company"). The Title Commitment will provide for insurance in the amount of the applicable Offer Price set forth in this Agreement and will commit the Title Company to issue a 1992 extended coverage ALTA Owner's Title Policy in favor of Vail Associates as the insured, subject only to general real property taxes not yet due and. payable, the Remaining Exceptions, and any other title matters within the "Permitted Exceptions" hereinafter defined (the "Title Policy"). 9. Closing. If Vail Associates is accepted by the Authority as the successful Respondent for either Property pursuant to paragraph 4' above, then the Authority and Vail Associates will proceed to conduct a closing for Vail Associates' acquisition of the applicable Property from the Authority (the "Closing") on a mutually agreeable date not more than ten (10) days after completion of the corresponding Eminent Domain Proceeding by the District Court's entry of the final rule and order therein. The Closing will be conducted through the Title 620936.6 RCFISH O Company, at its Vail, Colorado office. The.Title Company will furnish all requisite closing and escrow services for the completion of the Closing, and all required Closing deliveries will be made by depositing the same with the Title Company. At Closing, the following will occur, each being a condition precedent to the others and all being considered as occurring simultaneously: (a) The Authority will duly execute, acknowledge and deliver a special warranty deed (the "Deed") conveying the applicable Property to Vail Associates, with a warranty of title that the applicable Property is free and clear of any liens, encumbrances or other title matters arising by, through or under. the Authority, subject only to the Remaining Exceptions for the applicable Property, real property taxes and assessments for the year of Closing and subsequent years not yet due and payable as of Closing, and new restrictive covenants attached hereto as Exhibit E-1 for the Core Property and Exhibit E-2 for the Gore Creek Property (collectively the "Permitted Exceptions"). (b) Vail Associates will receive full credit for the Offer Price, as set forth in paragraph 4(a)(v) above, and will not be required to pay the Offer Price to the Authority. Any prior deposit by the Owners into the registry of the District Court of the compensation owing to the Owners in connection with the Eminent Domain Proceeding, as set forth in paragraph 3 above, will be and remain payable solely to the Owners. (c) The parties will execute settlement sheets (including customary prorations in accordance with local practice for commercial property transactions) and such other closing agreements and documents as may be necessary or appropriate to complete the Closing in accordance with prevailing Colorado real estate practices for acquisitions of commercial properties, and as otherwise may be required to implement and carry out the intent of this Agreement. (d) The Title Company will record the Deed in the Records. Vail Associates will pay for the cost of such recording, but no documentary fee shall be payable because, as provided by statute, the consideration changing hands is less than $500 (and the face of the Deed will recite the foregoing). (e) The Authority will cause the Title Company to issue the Title Policy to Vail Associates, or to commit unconditionally to so issue the Title Policy promptly following Closing. Vail Associates, at its sole election, may waive any specific portion of the Closing requirements under this paragraph 9, provided that such waiver shall be effective only to the extent set forth in a written instrument executed by Vail Associates. 10. jIntentionally Omittedl 11. Representations and Warranties by the Owners. The Owners represent and warrant that: (a) Each Owner is a corporation duly organized, validly existing and in good. .standing .under the laws of the State of Colorado, has_the inherent corporate 620936.6 RCFISH 9 power necessary to enter into this Agreement, and has duly authorized the execution, delivery and performance of this Agreement by such Owner pursuant to all requisite corporate action. (b) The consummation of the transactions contemplated by this Agreement will not violate any provisions of the governing corporate documents of either Owner or constitute a default or result in the breach of any term or provision of any contract or agreement to which either Owner is a party or by which it is bound. (c) There is no pending or, to the knowledge of the Owners, threatened litigation or legal proceeding contesting the power or authority of either Owner to proceed with the transactions under this Agreement. 12. Representations and Warranties of the Authority. The Authority represents and warrants that: (a) The Authority is an urban renewal authority duly organized and validly existing under the laws of the State of Colorado. (b) The Authority has the inherent power and authority to enter into and has taken all actions required to authorize its making of this Agreement and to carry out its obligations hereunder. (c) There is no pending, or to the Authority's knowledge, threatened litigation or proceeding which may contest the power or authority of the Authority or its officials to enter into or consummate the transactions contemplated by this Agreement, or the Authority's performance and observance of its obligations hereunder. (d) The execution and delivery of this Agreement and the documents required hereunder, the Authority's performance and observance of its obligations hereunder, and the consummation of the transactions contemplated by this Agreement will not (i) conflict with or contravene any law, order, rule or regulation applicable to the Authority or to the Authority's governing documents, (ii) result in the breach of any of the terms or provisions of or cause a default under any agreement or other instrument to which the Authority is a party or by which it may be bound or affected, or (iii) permit any party to terminate any such agreement or instrument or to accelerate the maturity of any indebtedness or other obligation of the Authority. 13. Liability Insurance. The Owners will. maintain commercial general liability insurance against all claims for personal injury, death or property damage occurring upon or in.each Property during any period that the Authority is in ownership of that Property, with such coverage to have a single occurrence limit of not less than Two Million Dollars ($2,000,000) and an aggregate available limit from time to time of not less than Two Million Dollars ($2,000,000). This liability insurance coverage will name the Authority as an additional insured, will be placed with a good and solvent insurance company which is authorized to do business in the State of Colorado (and in any case with a rating of not less than A+ as established by Best and Company), and will require the insurer to give at least thirty (30) days' prior written ----notice to-the Authority before any cancellation of or material reduction in coverage. The Owners 620936.6 RCFISH ~, . 10 will provide an insurance certificate for the required policy of liability insurance to the Authority upon request. The foregoing shall not apply to the Town Properties. 14. Authority Covenants. In connection with the ownership of the Properties and the undertaking of the Projects, the Authority covenants and agrees as .follows: during any period that the Authority is in ownership of either Property, the Authority will not take, authorize or suffer any action or circumstances arising by, through or under the Authority that causes any physical damage or alteration affecting the applicable Property, or the occurrence of any personal injury or property damage suffered by any party upon the applicable Property; will not take or authorize any action or engage in or authorize any course of conduct that causes any impairment of any easements, appurtenances, privileges, licenses or rights benefitting the applicable Property, or that gives rise to a violation of any applicable law, ordinance, rule or regulation with respect to the applicable Property, or any change in or impairment of zoning, platting or other land use entitlements related to the applicable Property; and will not grant, cause or suffer the establishment of any lien or encumbrance against or other interest in the applicable Property in favor of any third party that arises by, through or under the Authority. If any liability arises from any breach of the Authority's obligations under this paragraph 14, the Authority agrees that with respect thereto the Authority may not have the benefit or avail itself of the insurance coverage under paragraph 13 above (and the Owners' insurers will be beneficiaries of the foregoing as well as the Owners). 15. Indemnity and Responsibility. (a) The Owners will indemnify and defend the Authority and its officers and employees against costs and expenses, including reasonable attorneys' fees, and losses and liabilities which are suffered or incurred by the Authority and which are caused by or arise from any breach by the Owners of their respective obligations under this Agreement, or~ any negligence or willful misconduct of either Owner, or its contractors or agents, that occurs in connection with the transactions under this Agreement. (b) The Authority will be responsible for, and to the extent permitted by law will reimburse the Owners, or either of them, for all costs and expenses, including reasonable attorneys' fees, and losses and liabilities incurred by the Owners, or either of them, that are caused by or arise from any breach by the Authority of its obligations under this Agreement, or any negligence or willful misconduct of the Authority, or its contractors or agents, that occurs in connection with the transactions under this Agreement. 16. Default; Remedies. (a) A "Default" by either party hereunder shall mean the failure of that party to observe or perform any covenant, obligation or agreement of such party under this Agreement, or the existence or occurrence of any circumstance which causes any representation or warranty made by such party in this Agreement to be false or misleading in any material respect, provided such party does not cure such failure or circumstance within ten (10) days after the other party hereto gives written notice thereof 620976.6 RCFISH 11 (provided that this cure period will not apply to any such failure or circumstance which is not susceptible of being cured, or to any obligation to be performed at Closing). (b) If any Default by the Authority occurs and is continuing hereunder, the Owners may (i) seek and recover all out-of-pocket costs, expenses and sums incurred by the Owners, or either of them, in connection with the Default or this Agreement, including attorneys' fees, and actual compensatory damages, but not consequential damages, lost profits or punitive 'damages; (ii) seek enforcement of the Authority's obligations hereunder by any equitable remedies, such as specific performance or injunction; and/or (iii) elect to terminate this Agreement. (c) If any Default by the Owners occurs and is continuing hereunder, the Authority may (i) seek any available remedy at law; (ii) seek enforcement of the Owners' "obligations hereunder by any equitable remedies, such as specific performance or injunction; or (iii) elect to terminate this Agreement; however, the Authority may not so terminate this Agreement if termination would prejudice the interests of the Authority or the Owners in any Eminent Domain Proceeding, or if the Authority has acquired fee title to the Properties or either of them. 17. Term• Termination; Effect of Termination. (a) Unless sooner terminated in accordance with the other provisions hereof, this Agreement will have a term expiring at such time as a Closing has been completed or the Authority has accepted a third party as the successful Respondent in accordance with terms hereof, as applicable, for each of the Properties. Upon any termination of this Agreement, the parties shall be released from all further obligations and duties hereunder, with the exception of any such obligation or duty or any breach thereof that accrues prior to the termination and remains undischarged or uncured, or that by its terms or nature is .intended to be performed after termination. Furthermore, the foregoing will not be construed to limit the rights and remedies available to the non- defaulting party under any circumstance where this Agreement is terminated because of a Default. The provisions of this Agreement will survive any Closing and delivery of the corresponding Deed in order to effectuate the foregoing. ' (b) The Owners (acting jointly or through Vail Associates singularly) may terminate this Agreement in_ their sole discretion upon written notice to the Authority, either in its entirety or with respect to a specific Property. Upon receipt of such notice, the Authority will forthwith abandon any pending Eminent Domain Proceeding (unless such Proceeding pertains to a Property for which this Agreement is not being terminated). In the event the Owners terminate this Agreement pursuant to this paragraph (b), the Owners shall pay to the Authority any outstanding Eminent Domain Costs within ten (10) days of such termination (provided that the foregoing will be subject to and not limit the Owners' rights and remedies hereunder in any case of the Authority's Default). 18. Notices. 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 620936.6 RCFISH 1 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 the Owners or either of them: [name of Owner or Owners, as applicable] 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 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 Phone: (970) 845-2546 If to the Authority: Vail Reinvestment Authority Stanley Zemler, Executive Director 75 South Frontage.Road Vail, Colorado 81657 Phone: (970) 479-2105 Fax No.: (970) 479-2452 620936.6 RCFISH 1 3 With a copy to: Gorsuch Kirgis LLP Tower I Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 Attention: Malcolm M. Murray, Esq. Phone: (303) 376-5000 Fax: (303) 376-5001 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. Either Owner may give any notice on behalf of both Owners; any notice by any party hereunder may be given by its legal counsel. 19. Limitations on Assi Bent. (a) The Owners will not assign its rights or delegate its duties and obligations pursuant to this Agreement without the prior written consent of the Authority, and any purported assignment without the consent of the Authority will be null and void; provided, however, that either Owner may at any time assign its rights and delegate its obligations under this Agreement to the other Owner or to any affiliates of Vail Associates (which shall mean any entity that by virtue of direct or indirect majority ownership interests is controlled by, controls, or is under common control with Vail Associates). Any consent, approval or other action hereunder required of both Owners may be provided or taken on behalf of both Owners by Vail Associates. (b) The Authority may not assign any of its rights or delegate any of its obligations under this Agreement to any other party without the prior written consent of the Owners, and any purported assignment or delegation without the consent of the Owners will be null and void. 20. Conflicts of Interest. The Authority will not allow, and except as disclosed in writing to the Authority, the Owners will not knowingly permit, any of the following persons to have any interest, direct or indirect, in this Agreement: a member of the governing body of the Authority or of the Town; an employee of the Authority or the Town who exercises responsibility concerning the Projects or either of them; or an individual or firm retained by the Town or the Authority who has performed consulting or other professional services in connection with the Projects or either of them. The Authority will not allow and the Owners will not knowingly permit any of the above persons or entities to participate in any decision relating to this Agreement that affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is directly or indirectly interested. 21. Attorneys' Fees. In the event any legal proceeding arises out of this Agreement 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 any presiding court will be bound to make this award). Should the application of this provision in any circumstance prove to conflict with 620936.6 RCFISH ~ 14~ any other provision of this Agreement for the allocation of attorneys' fees, this provision shall be controlling. 22. Waiver. No failure by either party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy consequent upon a breach of this Agreement, will constitute a waiver of any such breach or of such or any other covenant, agreement, term or condition. Either party by giving notice to the other party may, but will not be required to, waive any of its rights or any conditions to any of its obligations hereunder. No waiver will affect or alter the remainder of this Agreement, but each and every other covenant, agreement, term and condition of this Agreement will continue in full force and effect with respect to any other then existing or subsequent breach. . 23. Titles of Sections. Any titles of the several parts and sections of this Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. 24. Authority Not A Partner; the Owners Not Authority's Agent. Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the contrary, the Authority will not be deemed or constitute a partner or joint venturer of the Owners, the Owners will not be the agent of the Authority, and the Authority will not be responsible for any debt or liability of the Owners. 25. Applicable Law. The laws of the State of Colorado will govern the interpretation and enforcement of this Agreement. 26. Binding Effect. This Agreement will be binding on and inure to the benefit of the parties hereto, and their successors and assigns, subject to the limitations on assignment of this Agreement set forth in paragraph 19, and further subject to the allocations to the Owners of their rights and obligations as set forth in Recital C of this Agreement. 27. Further Assurances. The parties hereto agree to execute such documents, and take such action, as will be reasonably requested by the other party hereto to confirm or clarify the intent of the provisions hereof and to effectuate the agreements herein contained and the intent hereof. 28. Time of Essence. Time is of the essence of this Agreement. The parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 29. Severability. If any provision, covenant, agreement or portion of this Agreement, or its application to any person, entity or property, is held invalid, such invalidity will not affect the application or validity of any other provisions, covenants or portions of this Agreement and, to that end, any provisions, covenants, agreements or portions of this Agreement are declared to be severable. 30. Counterparts. This Agreement may be executed in counterparts, each of which will be an original and all of which_will constitute one and the same instrument. _ _ ___ 620936.6 RCFISH 15 31. Non-Liability_of Authority Officials and Employees. No council member, commissioner, board member, official, employee, agent or consultant of the Authority or the Town will be personally liable to the Owners for any breach or default by the Authority or for any amount that may become due to the Owners under the terms of this Agreement. 32. Jointly Drafted; Rules of Construction. The parties hereto agree that this Agreement was jointly drafted, and, therefore waive the application of any law, regulation, holding, or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. 33. Entire Agreement. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, undertakings or negotiations shall be deemed merged herein, superseded hereby, and of no force or effect, and the parties mutually acknowledge and agree that the "Lionshead Pre- Development Agreement," dated December 16, 2003, is superseded and terminated. 34. Recordation. At the election of Vail Associates, this Agreement may be recorded in the Records. If this Agreement is so recorded, then upon any termination of this Agreement, either party, upon the request of the other, shall execute and deliver for recordation any confirmation of such termination as may be reasonably required by the requesting party. 35. Incorporation of Exhibits. All of the Exhibits to this Agreement previously referred to herein are incorporated herein by this reference and made a part hereof. [Balance of page intentionally left blank] 620936.6 RCFISH ~ - ~ ~ 16 ~ ~ - ~ ~ ~ ~- IN WITNESS WHEREOF, the .Owners and the Authority have made this Agreement as of the day, month and year first above written. VAIL REINVESTMENT AUTHORITY By:_ Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this 2004, by as Vail Reinvestment Authority, a Witness my hand and official seal. My commission expires: day of of Notary Public [Signature blocks continue on following page] 620936.6 RCFISH ~ ~ ~ '1 ' THE VAIL CORPORATION, d/b/a VAIL ASSOCIATES, INC., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) . The foregoing instrument was acknowledged before me this 2004, by as The Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: [Signature blocks continue on following page] day of of p k`^ 620936.6 RCFISH ~ 1 O ~~,' VAMHC, INC., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by as of VAMHC, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: [Joinder of Town of Vail follows on the next page] 620936.6 RCFISH ~ 9 JOINDER OF TOWN OF VAIL TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, hereby joins in this Lionshead Reinvestment Agreement for purposes of consenting to the condemnation of and prosecution of any Eminent Domain Proceeding against the Town Properties, without any resulting compensation or consideration owing to the Town (and any compensation or consideration is hereby disclaimed and waived), but subject to the condition that the Authority reconvey the Town Properties to the Town as set forth hereinabove. The Town acknowledges and concurs that the condemnation of the Town Properties pursuant to this consent is specifically authorized by the Act. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado ATTEST: By: Name: Title: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF EAGLE ) 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 620936.6 RCFISH ~ ~ ~ ~ 20 ~.~ '"" EXHIBIT A LEGAL DESCRIPTION OF CORE PROPERTY s PARCEL A: LOT 4 BLOCK 1, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B: TRACT D, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL C: TRACT C, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO PARCEL D: TRACTS G AND H, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL E: TRACT C, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL F: LOT 2, BLOCK I, VAIL/LIONSHEAD THIRD FILING; ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL G: TRACT A, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. 620936.6 RCFISH - A- I EXHIBIT B LEGAL DESCRIPTION OF GORE CREEK PROPERTY PARCEL 1 A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION NO. 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTHOUSES AS RECORDED ON JANUARY 27, 2003 AT RECEPTION N0.821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO.780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6~ PRINCIPAL MERIDIAN, BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 18°54' 12" W A DISTANCE OF 541.47 FEET TO A POINT ON THE SOUTHEAST BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (3) THREE COURSES: 1) S 83°59'19" W A DISTANCE OF 30.00 FEET; 2) S 76°44' 19" W A DISTANCE OF 135.64 FEET; 3) S 66°54' 19" W A DISTANCE OF 72.29 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL DESCRIBED AT RECEPTION NO. 780248 THE FOLLOWING (3) THREE COURSES: 1) S 66°54'19" W A DISTANCE OF 210.00 FEET; 2) S 15°46'41" E A DISTANCE OF 3.15 FEET; 3) S 74°12'56" W A DISTANCE OF 26.69 FEET TO THE EAST BOUNDARY LINE OF SAID LOT B, MORCUS SUBDIVISION, THENCE ALONG THE SOUTH BOUNDARY OF SAID LOT B THE FOLLOWING (3) THREE COURSES: 1) S 74°12'56" W A DISTANCE OF 253.31 FEET; 2) S 77°29' 10" W A DISTANCE OF 89.72 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT B; 3) N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 74°12'56" E A DISTANCE OF 167.69 FEET; THENCE S 20°17' 11" E A DISTANCE OF 8.78 FEET; THENCE N 69°42'49" E A DISTANCE OF 253.77 FEET; THENCE N 20° 17' 11" W A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 57.33 FEET; THENCE S 20° 17' 11" E A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 225.52 FEET; THENCE N 82°49'24" E A DISTANCE OF 59.29 FEET; THENCE N 39°10' 12" E A DISTANCE OF 18.52 FEET; THENCE N 02°44'06" W A DISTANCE OF 4.88 FEET; THENCE N 68°30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (2) TWO COURSES: 1) S 21°30'33" E A DISTANCE OF 20.54 FEET; 2) THENCE S 02°26'32" E A DISTANCE OF 130.76 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 620936.6 RCFISH D - 1 EXHIBIT B (CONT.) LEGAL DESCRIPTION OF GORE CREEK PROPERTY (CONT.) PARCEL 2 A PARCEL OF LAND PREVIOUSLY LOCATED WITHIN VAIL VILLAGE SECOND FILING, ACCORDING TO THE PLAT THEREOF RECORDED ON JANUARY 9 1963, AT RECEPTION N0.96928, AS RE-RECORDED AND/OR AMENDED BY PLAT RECORDED MARCH 25, 1963, AT RECEPTION N0.97199, NOW BEING LOCATED WITHIN LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION No. 151373, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION NO.780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6~ PRINCIPAL MERIDIAN BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30'.19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 51°35'00" W A DISTANCE OF 1216.47 FEET TO A POINT ON THE WEST CORNER OF SAID LOT B MORCUS SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING. THENCE N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 10.66 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG THE NORTHERLY LINE OF SAID VAIL VILLAGE SECOND FILING N 74°14'26" E A DISTANCE OF 412.70 FEET; THENCE S 69°42'49" W A DISTANCE OF 245.07 FEET; THENCE N 20° 17' 11" W A DISTANCE OF 8.78 FEET; THENCE S 69°42'49" W A DISTANCE OF 167.69 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 620936.6 RCFISH U-2 EXHIBIT C LEGAL DESCRIPTION OF TOWN PROPERTIES Those portions of Tract C, VaiULionshead First Filing, and Tract C, VaiULionshead Third Filing, according to the recorded plats thereof, conveyed to the Town of Vail by deeds recorded on August 16, 1991, at Book 560, Page 180 and on July 17, 1984, at Book 389, Page 502; and Tract A, Vail/Lionshead Third Filing, according to the recorded plat thereof. 620976.6 RCFISH . C-1 EXHIBIT D-1 The parties agree that the "Lionshead Core .Protective Covenants" following this page as part of this Exhibit D-1 shall be duly executed and acknowledged by the Authority and recorded in the Records following the Eminent Domain Proceeding for the Core Property and prior to the recording of the Deed for the Core Property in favor of the successful Respondent. 620936.6 RCFISH D 1 -1 EXHIBIT D-2 The parties agree that the "Gore Creek Protective Covenants" following this page as a part of this Exhibit D-2 shall be duly executed and acknowledged by the Authority and recorded in the Records following the Eminent Domain Proceeding for the Gore Creek Property and prior to the recording of the Deed for the Gore Creek Property in favor of the successful Respondent. 620936.6 RCFISH ~ DZ-1 EXHIBIT E-1 PERMITTED EXCEPTIONS FOR THE CORE PROPERTY RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. 3. UTILITY EASEMENT 25 FEET IN WIDTH ALONG THE WEST LOT LINE OF SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL/LIONSHEAD FIRST FILING. (AFFECTS LOT 4, BLOCK 1, AND TRACT C, VAIL/LIONSHEAD FIRST FILING) EASEMENT AS CONTAINED IN DEED RECORDED NOVEMBER 12, 1971 IN BOOK 222 AT PAGE 258. 5. ANY OUTSTANDING LEASE AS EVIDENCED BY DEED RECORDED OCTOBER 7, 1988, IN BOOK 492, AT PAGE 636. , 6. UTILITY AND DRAINAGE EASEMENTS AFFECTING SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLATS OF VAIL/LIONSHEAD, FIRST FILING AND VAIL/LIONSHEAD, THIRD FILING. (AFFECTS TRACT C, VAIL/LIONSHEAD, FIRST FILING, AND TRACT C, VAIL/LIONSHEAD, THIRD FILING) 7. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED AUGUST 25, 1972 IN BOOK 225 AT PAGE 183. 8. UTILITY AND DRAINAGE EASEMENTS AFFECTING SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL/LIONSHEAD, THIRD FILING. (AFFECTS TRACTS A, E, G AND H, VAIL/LIONSHEAD THIRD FILING) 9. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED AUGUST 29, 1996, IN BOOK 703 AT PAGE 954. 10. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED MARCH 23, 2001 AT RECEPTION NO. 952849. 11. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MARCH 02, 2001, UNDER RECEPTION NO.750938. 12. TERMS, CONDITIONS AND PROVISIONS OF COMMERCIAL LEASE BETWEEN SUNBIRD OF VAIL, INC. AND CAN-AM OF COLORADO, INC. RECORDED MARCH 02, 1988 IN BOOK 479 AT PAGE 784. 620936.6 RCFISH E 1 - 1 , (AFFECTS LOT 2, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING) 13. TERMS, CONDITIONS AND PROVISIONS OF LEASE WITH AUTOMATIC LAUNDRY COMPANY, LTD. RECORDED NOVEMBER 18, 1998 AT RECEPTION N0.676693. (AFFECTS LOT 2, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING) 14: EXISTING LEASES AND TENANCIES. (AFFECTS LOT 2, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING) 15. ANY EASEMENTS HERETOFORE OR HEREAFTER GRANTED BY OR MADE WITH OR FOR THE BENEFIT OF THE VAIL CORPORATION, DB/A VAIL ASSOCIATES, INC. (THE "OWNER"), BURDENING AND/OR BENEFITING THE SUBJECT PROPERTY, OR'ANY PORTION THEREOF, AND ANY AGREEMENTS AND PROVISIONS THEREUNDER. [Specific easements may be ' delineated in addition to the foregoing in the applicable Eminent Domain Proceeding, to the extent such specific easements have been established.] 620936.6 RCFISH ~ ~ El-2 EXHIBIT E-2 PERMITTED EXCEPTIONS FOR THE GORE CREEK PROPERTY 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98. . 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503, SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98 AND JULY 13, 1939 IN BOOK 123 AT PAGE 617. 3. FIVE-FOOT UTILITY EASEMENT ALONG THE SOUTHERLY BOUNDARY OF THE SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLATS OF VAIL/LIONSHEAD, THIRD FILING AND . OF MORCUS SUBDIVISION. 4. ANY EASEMENTS HERETOFORE OR HEREAFTER GRANTED BY OR MADE WITH OR FOR THE BENEFIT OF THE VAIL CORPORATION, DB/A VAIL ASSOCIATES, INC., AND VAMHC, INC. (THE "OWNER(S)"), BURDENING OR BENEFITING THE SUBJECT PROPERTY, OR ANY PORTION THEREOF, AND ANY AGREEMENTS AND PROVISIONS THEREUNDER. [Specific easements may be delineated in addition to the foregoing in the applicable Eminent Domain Proceeding, to the extent such specific easements have been established.] 620936.6 RCFISH ~ E2-1 Attachment 4 Proposed Gore Creek Covenants. GORE CREEK PROTECTIVE COVENANTS THESE CORE CREEK PROTECTIVE COVENANTS (these "Covenants") are made as of the day of , 2004, by VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the "Authority"). RECITALS: A. By an exercise of its condemnation powers in Case No. 2004CV before the District Court in Eagle County, Colorado, the Authority has acquired fee title to certain real property constituting part of the area in the Town of Vail, County of Eagle, State of Colorado, commonly known as Lionshead, which real property is legally described on Exhibit A attached hereto and incorporated herein by this reference and is physically proximate to Gore Creek (such acquired real property being sometimes referred to hereinafter collectively as the "Gore Creek Property"). B. ~ Pursuant to such condemnation, the Authority has acquired the Gore Creek Property free and clear of certain covenants that previously encumbered the Gore Creek Property, or portions thereof, namely (i) the Protective Covenants for Vail Village, Second Filing, as originally recorded in the real property records for Eagle County, Colorado (the "Records") on January 9, 1963, at Book 174, Page 431, and as amended by instrument recorded in the Records on August 27, 1964, at Book 183, Page 239; and (ii) the Protective Covenants for VaiULionshead, Third Filing, as originally recorded in the Records on October 15, 1971, at Book 221, Page 991, and as amended by instrument recorded in the Records on August 12, 1977, at Book 258, Page 453• (collectively the "Original Covenants"). The Original Covenants established certain restrictions regulating the use of the Gore Creek Property, or portions thereof. C. The Authority has determined to make and record these Covenants in order to establish appropriate limitations regulating the use of the Gore Creek Property in place of the extinguished provisions of the Original Covenants, with these Covenants to be for the benefit of owners within Vail Village, Second Filing, and VaiULionshead, Third Filing (as hereinafter defined for purposes of these Covenants), and their respective grantees, successors -- - - - _ and assigns (such -owners being- hereinafter referred-to iri the singular-and collectively as the "Benefitted Owner(s)," and their respective properties which give them the status~of Benefitted Owners being sometimes referred to hereinafter in the singular or collectively as the "Benefitted Property(ies)"). These Covenants are made in furtherance of establishing and maintaining the character and value of real estate in the Lionshead area. NOW, THEREFORE, in consideration of the premises, the Authority, for itself and its grantees, successors and assigns in and to the Gore Creek Property, does hereby impose, establish, publish, acknowledge, declare and agree with, to and for the benefit of the Benefitted Owners, that the Authority owns and holds the Gore Creek Property subject to the following restrictions, covenants and conditions, all of which shall be deemed to run with the land and to inure to the benefit of the Benefitted Owners and be binding upon the Authority as the owner of the Gore Creek Property, and its grantees, successors and' assigns. 624722.3 RCFISH 1. LAND USE. The Gore Creek Property shall be used and enjoyed only for residential dwelling structures and uses, whether single-family, multi-family, or duplex or other form of two-family, and other uses, functions, improvements and facilities ancillary, incidental or related such residential structures and uses, including, without limitation, vehicular parking areas and uses, pedestrian access trails, ways and uses, recreational uses, facilities and amenities, and loading/delivery areas and uses. 2. SIGNS. No signs, billboards, poster boards or advertising structure of any kind shall be erected or maintained on any portion of the Gore Creek Property for any purpose whatsoever, except in accordance with the prevailing laws, rules and regulations from time to time of the Town of Vail (the "Town"). 3. WATER AND SEWAGE. Each structure designed for occupancy or use by human beings shall connect with the water and sewerage facilities of the Vail Water and Sanitation District. No private well shall be used as a source of water for human consumption or irrigation in the Gore Creek Property, nor shall any facility other than those provided by the Town or any applicable special district or other governmental authority be used for the disposal of sewage (the foregoing being subject, however, to any contrary laws, rules or regulations of the Town prevailing from time to time). Mechanical garbage disposal facilities shall be provided in each kitchen or food preparing area. 4. TRASH AND GARBAGE. No trash, ashes or other refuse may be thrown or dumped on any land within the Gore Creek Property. The burning of refuse out of doors shall not be permitted in the Gore Creek Property. No incinerator or other device for the burning of refuse indoors shall be constructed, installed or used by any person. Each property owner within the Gore Creek Property shall provide suitable receptacles for the collection of refuse. Such receptacles shall be screened from public view and protected from disturbance. 5. LIVESTOCK. No animals, livestock, horses, or poultry of any kind except dogs, cats and other household pets shall be kept, raised or bred in the Gore Creek Property. 6. TREES. No trees shall be cut, trimmed or removed in the Gore Creek Property, except as permitted under the laws, rules and regulations of the Town prevailing from time to time. 7. LANDSCAPING AND GARDENING. All surface areas disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses; except where such areas are covered by the subject improvements being constructed or are to be improved by the construction or installation of gardens, lawns, exterior living areas or other landscaping or improvements undertaken in accordance with the laws, rules and regulations of the Town prevailing from time to time. 8. AREA REQUIREMENTS. No enclosed building structure designed for human use or habitation shall be constructed unless the aggregate floor area, exclusive of open porches, basements, carports and garages, shall be in excess of 900 square feet. 624722.3 RCFISH 2 9. TRADE NAMES. No word, name, symbol, or combination thereof shall be used to identify for commercial purposes a house, structure, business or service in the Gore Creek Property except in accordance with the laws, rules and regulations of the Town prevailing from time to time. 10. TEMPORARY STRUCTURES. No temporary structure, excavation, basement, trailer or tent shall be permitted in the Gore Creek Property, except as may be necessary during construction, or as may be permitted under the laws, rules and regulations of the Town as prevailing from time to time for outdoor entertainment or other functions or events. 11. CONTINUITY OF CONSTRUCTION. All structures commenced in the Gore Creek Property shall be prosecuted diligently to completion. 12. NUISANCE. No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance in the Gore Creek Property. 13. EFFECT AND DURATION OF COVENANTS. The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of each Benefitted Property, and its Benefitted Owner, and shall be binding upon the Gore Creek Property, and its owners and successors in interest, and shall continue in full force and effect until January 1, 2049. 14. AMENDMENT. (a) The conditions, restrictions, stipulations, agreements and covenants contained herein (collectively "Covenant Provisions"), as the same inure to the Benefitted Owners within Vail Village, Second Filing, may be waived, abandoned, terminated, amended or supplemented, in whole or in part (and whether addressing new or pre-existing subject matter), upon and only upon securing the written consent of the owners of 75% of the privately owned surface land area included within the boundaries of Vail Village, Second Filing, as the same may then be shown by the plat on file in the Records. Each Benefitted Owner within Vail Village, Second Filing, will be bound by any waiver, abandonment, termination, amendment or supplement of the Covenant -Provisions iristituted-in-accordance with the foregoing consent requirements. - - -- - - (b) The Covenant Provisions, as the same inure to the benefit of the Benefitted Owners within Vail/Lionshead, Third Filing, may be waived, abandoned, terminated, amended or supplemented, in whole or in part (and whether addressing new or pre-existing subject matter), upon and only upon securing the written consent of the owners of 66 2/3% of the surface land area (whether publicly or privately owned) within the boundaries of VaiULionshead, Third Filing, as the same may be then shown by the plat on file in the Records. Each Benefitted Owner within Vail/Lionshead, Third Filing, will be bound by any waiver, abandonment, termination, amendment or supplement of the Covenant Provisions instituted in accordance with the foregoing consent requirements. 624722.3 RCFISH 3 15. ENFORCEMENT. (a) If any person shall violate or threaten to violate any of the Covenant Provisions, Vail Associates, Inc. or its successors or assigns, the Town, or any of the applicable Benefitted Owners may, but without obligation to do so, enforce the provisions of this instrument by instituting such proceedings at law or in equity as may be appropriate to enforce the applicable Covenant Provisions, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of the applicable Covenant Provisions, and for damages. (b} Each owner within the Gore Creek Property hereby appoints the Town Clerk of the Town as its agent to receive any notice provided for herein and to accept service of process in any court proceeding brought to enforce the applicable Covenant Provisions. Any notice required under this paragraph 15 shall be written and shall specify the violation or threatened violation objected to, the property subject to the violation and shall demand compliance with the applicable Covenant Provisions within fifteen (15) days after the giving of such notice. If after reasonable efforts the person giving.the notice shall be unable to deliver the same personally to the person to whom it is directed and shall be unable to obtain, a return receipt showing delivery of notice to the person to whom it is directed, then the required notice' shall be deemed sufficiently given if posted upon the property described in the notice and mailed to the last known address of the person to whom the notice is directed and if also mailed or delivered to the Town Clerk of the Town as agent of the property owner. Personal service of process may be obtained, but only for the enforcement of the applicable Covenant Provisions, by service of process upon the Town Clerk of the Town as agent for the owner to be served, as defendant, if after reasonable diligence such defendant cannot be found within the State of Colorado and personal service cannot be otherwise obtained under the Colorado Rules of Civil Procedure. (c) Vail Associates, Inc., the Town, or any Benefitted Owner bringing a proceeding under paragraph 15(a) to enforce any of the applicable Covenant Provisions shall be entitled to judgment for the actual costs and expenses, including reasonable attorneys' fees, incurred by such person in the prosecution of such proceeding in addition to any_ other relief granted by the_ court. _ _ _ _ _ _ _ „ _ (d) No assent or acquiescence, expressed or implied, to any violation or threatened violation of any of the provisions of this instrument shall be deemed or taken to be a waiver of any succeeding or other violation or threatened violation of the applicable Covenant Provisions. 16. SEVERABILITY. Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no way affect any of the other provisions, which shall remain in full force and effect. 17. SCOPE OF BENEFITTED PROPERTIES. For purposes of these Covenants, (i) Vail Village, Second Filing shall mean and encompass all the properties included within the plat of Vail Village, Second, Filing recorded in the Records on January 9, 1963, at 624722.3 RCFISH 4 Reception No. 96928, as re-recorded and/or amended by plat recorded in the Records on March 25, 1963, at Reception No. 97199; and (ii) Vail/Lionshead, Third Filing shall mean and encompass all the properties included within the plat of VaiULionshead, Third Filing recorded in the Records on October 15, 1971, at Book 221, Page 992. All references in these Covenants to the plats of those properties shall mean the applicable plat referenced in this paragraph 17. 18. DEFINITION OF OWNER. As used in this instrument, the phrases "real property owner" or "owner of real property" or similar references shall mean any natural person, partnership, corporation, association or other entity or relationship, including any governmental entity, which shall own an estate in its own right or as a co-tenant or otherwise in fee simple, or a leasehold interest or estate for years for a term of not less than forty-nine (49) years in any portion of the lands included within any Benefitted Properties. Such phrases shall not include within their meaning the holder or owner of any lien or security interest in lands or improvements thereon within the subject Benefitted Properties, nor any person claiming an easement or right-of--way for utility, transportation or other purpose through, over or across any such lands. However, in the case of any land or property incorporated into a condominium community, the "owner" thereof shall mean, for purposes of paragraph 14 above, the board of directors (however denominated) of the governing condominium association, acting in accordance with the board's generally prevailing rules and procedures for taking such action 19. APPLICATION OF LAWS. All references in these Covenants to laws, rules and regulations of the Town prevailing from time to time, or similar references, shall mean the same as they are applied and enforced by the Town from time to time within legally permissible bounds of discretion. [Balance of page intentionally left blank] 624722.3 RCFiSH IN WITNESS WHEREOF, Vail Reinvestment Authority has made these Gore Creek Protective Covenants as of the day, month and year first above written. STATE OF COLORADO ) ss. COUNTY OF VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado By: Name: Stanley B. Zemler Title: Executive Director The foregoing instrument was acknowledged before me this day of 2004 by Stanley B. Zemler, as Executive Director of Vail Reinvestment Authority, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado. Witness my hand and official seal. My Commission expires: Notary Public 624722.3 RCFISH ! EXHIBIT A Legal Description of Gore Creek Property A PARCEL OF LAND BEING A PART OF LOTS B AND D, MORCUS SUBDIVISION, AS RECORDED ON MAY 11, 1977 AT RECEPTION NO. 151373, AND A PART OF PARCEL 3, LIONSHEAD PENTHOUSES AS RECORDED ON JANUARY 27, 2003 AT RECEPTION NO. 821386, AND A PART OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED ON DECEMBER 18, 2001, AT RECEPTION N0.780248, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND No. 5 REBAR WITH ALUMINUM CAP, L.S. No. 2183 ON THE EASTERLY BOUNDARY OF LOT 8, BLOCK 1, VAIL/LIONSHEAD THIRD FILING RECORDED AT RECEPTION No. 117682 WHENCE THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6~ PRINCIPAL MERIDIAN, BEARS S 85°48'35" W A DISTANCE OF 1368.58 FEET BASED UPON STATE PLANE COORDINATES WITH A ROTATION OF +00°30' 19" FROM PLATTED SAID VAIL/LIONSHEAD THIRD FILING, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE S 18°54' 12" W A DISTANCE OF 541.47 FEET TO A POINT ON THE SOUTHEAST BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (3) THREE COURSES: 1) S 83°59'19" W A DISTANCE OF 30.00 FEET; 2) S 76°44' 19" W A DISTANCE OF 135.64 FEET; 3) S 66°54' 19" W A DISTANCE OF 72.29 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3 LIONSHEAD PENTHOUSES, THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL DESCRIBED AT RECEPTION NO. 780248 THE FOLLOWING (3) THREE COURSES: 1) S 66°54'19" W A DISTANCE OF 210.00 FEET; ' 2) S 15°46'41" E A DISTANCE OF 3.15 FEET; 3) S 74°12'56" W A DISTANCE OF 26.69 FEET TO THE EAST BOUNDARY LINE OF SAID LOT B, MORCUS SUBDIVISION, THENCE ALONG THE SOUTH BOUNDARY OF SAID LOT B THE FOLLOWING (3) THREE COURSES: 1) S 74°12'56" W A DISTANCE OF 253.31 FEET; 2) S 77°29' 10" W A DISTANCE OF 89.72 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT B; ' 3) N 31 °40' 14" W A DISTANCE OF 1.44 FEET TO A POINT ALONG THE EAST RIGHT-OF-WAY LINE OF FOREST ROAD; THENCE ALONG THE EAST LINE OF SAID RIGHT-OF-WAY N 15°50'27" W A DISTANCE OF 122.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 74°12'56" E A DISTANCE OF - : - - - - -167.69 FEET; THENCE S 20° 17' 11" E A DISTANCE OF-8:78 FEET; THENCE N 69°42'49" E A DISTANCE OF- - 253.77 FEET; THENCE N 20° 17' 11" W A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 57.33 FEET; THENCE S 20° 17' 11" E A DISTANCE OF 4.79 FEET; THENCE N 69°42'49" E A DISTANCE OF 225.52 FEET; THENCE N 82°49'24" E A DISTANCE OF 59.29 FEET; THENCE N 39° 10' 12" E A DISTANCE OF 18.52 FEET; THENCE N 02°44'06" W A DISTANCE OF 4.88 FEET; THENCE N 68°30'09" E A DISTANCE OF 65.38 FEET TO A POINT ALONG THE EAST BOUNDARY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 LIONSHEAD PENTHOUSES THE FOLLOWING (2) TWO COURSES: 1) S 21°30'33" E A DISTANCE OF 20.54 FEET; 2) THENCE S 02°26'32" E A DISTANCE OF 130.76 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO THIS LEGAL DESCRIPTION HAS BEEN CREATED BY BRENT BIGGS, PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC., 1000 LIONS RIDGE LOOP, VAIL, CO 81657. 624722.3 RCFISH A-1 Attachment 5: Proposed Lionshead Core Site Covenants. LIONSHEAD CORE PROTECTIVE COVENANTS THESE LIONSHEAD CORE PROTECTIVE COVENANTS (these "Covenants") are made as of the day of 2004, by VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the "Authority"). RECITALS: A. By an exercise of its condemnation powers in Case No. 2004CV before the District Court in Eagle County, Colorado, the Authority has acquired fee title to real property constituting portions of the area in the Town of Vail, County of Eagle, State of Colorado, commonly known as Lionshead, which real property is legally described on Exhibit A attached hereto and incorporated herein by this reference and in its own right is commonly referred to as the Lionshead "Core" (such acquired real property being sometimes referred to hereinafter as the "Core Properties"). B. Pursuant to such condemnation, the Authority has acquired the Core Properties free and clear of certain covenants that previously encumbered the Core Properties, or portions thereof, namely (i) the Protective Covenants for Vail Village, Second Filing, as originally recorded in the real property records for Eagle County, Colorado (the "Records") on January 9, 1963, at Book 174, Page 431, and as amended by instrument recorded in the Records on August 27, 1964, at Book 183, Page 239; (ii) the Protective Covenants for Vail/Lionshead, First Filing, as originally recorded in the Records on May 18, 1970, at Book 217, Page 675, and as amended by instrument recorded in the Records on August 39, 1971, at Book 221, Page 498; and (iii) the Protective Covenants for Vail/Lionshead, Third Filing, as originally recorded in the Records on October 15, 1971, at Book 221, Page 991, and as amended by instrument recorded in the Records on August 12, 1977, at Book 258, Page 453 (collectively the "Original Covenants"). The Original Covenants established certain restrictions regulating the use of the Core Properties, or portions thereof. C. The Authority has determined to make and record these Covenants in order to establish appropriate limitations regulating the use of the Core Properties in place of the - - - extinguished provisions of the Original Covenants; with these Covenants to be for the benefit of - owners within Vail/Lionshead, First Filing, and Vail/Lionshead, Third Filing (as hereinafter defined for purposes of these Covenants), but only to the extent those owners are hereinafter designated as beneficiaries; and to the extent they are so designated as beneficiaries, such benefits shall also inure to their respective grantees, successors and assigns (such owners, to the extent each such owner is a designated beneficiary hereunder, being hereinafter referred to in the singular and collectively as the "Benefitted Owner(s)," and their respective properties which give them the status of Benefitted Owners being sometimes referred to hereinafter in the singular or collectively as the "Benefitted Property(ies)"). These Covenants are made in furtherance of establishing and maintaining the character and value of real estate in the Lionshead area. NOW, THEREFORE, in consideration of the premises, the Authority, for itself and its grantees, successors and assigns in and to the Core Properties, does hereby impose, 620647.5 RCFISH establish, publish, acknowledge, declare and agree with, to and for the benefit of the Benefitted Owners, that the Authority owns and holds the Core Properties subject to the following restrictions, covenants and conditions, all of which shall be deemed to run with the land and to inure to the benefit of the Benefitted Owners and be binding upon the Authority as.the owner of the Core Properties, and its grantees, successors and assigns. 1. LAND USE. The various lands within the Core Properties shall be subject to the applicable land use limitations set forth below: (a) That portion of the Core Properties originally platted as Tract D, VaiULionshead, First Filing, shall be used only for the following purposes: (i) Use and improvement as a ski yard, including, without limitation, the location, development, operation, maintenance, use and enjoyment therein of ski lift and gondola terminals and facilities, and other improvements, fixtures, facilities, equipment or uses supporting, ancillary or related to Ski Mountain Operations (as defined below), and further specifically including, and again without limitation, sales and other customer service, administrative, maintenance, clerical and office uses and functions associated with Ski Mountain Operations; and (ii) Use and improvement as an open area for recreational and entertainment purposes and functions, and further allowing for and including, without limitation, landscaping; paved'or gravel paths; terrace, deck or patio areas (which may be enjoyed as outdoor dining, lounge, bar and/or sitting areas, and which uses may be appurtenant or ancillary to improvements or uses on adjacent property); retaining walls, windscreen walls, fences, parapet walls, or similar barriers; vehicular driveways, fountains, steps and similar outdoor amenities and structures; subterranean parking facilities and uses; and recreational facilities, including (without limitation) swimming pools and related buildings; and (iii) Any other uses, functions, facilities or improvements ancillary, incidental or related to any of the foregoing uses permitted under this paragraph 1(a). The term "Ski Mountain Operations" shall mean the operations of the downhill ski area and year-round mountain resort and recreational facility commonly known as Vail Mountain, as those operations change, expand and evolve from time to time (and which include and may include summertime and wintertime recreational and entertainment pursuits, both ski-related and not ski-related), and related purposes associated with the business affairs of the owners and operators of Vail Mountain.and facilities thereon. (b) That portion of the Core Properties constituted by Tract G, Vail/Lionshead, Third Filing, shall be used primarily as a private road and access way furnishing vehicular and pedestrian ingress and egress to and from the property platted as Lot 1, Vail/Lionshead, First Filing, First Addition, according to the plat thereof recorded in the Records on July 3, 1970, at Book 218, Page 335, Reception No. 113926 (the "Lion 620647.5 RCFISH - 2 Square Properties"). However, the aforesaid Tract G may also be used and employed for any other uses or purposes enumerated under paragraph (d) below (including, without limitation, the placement in and/or encroachment into said Tract G of building or other improvements) that do not materially interfere with the enjoyment of effective access by the Lion Square Properties. (c) That portion of the Core Properties constituted by Tract A, Vail/Lionshead, Third Filing may be used for public or private right-of--way, open area, landscaping, paved or gravel pedestrian walks, decks, retaining walls, steps and other site improvements, and recreational facilities above, on, or below level. (d) All other lands and areas within the Core Properties may be used and enjoyed only for high density, multi-family residential dwelling structures and uses (with high density, multi-family residential to include, for purposes of these Covenants, all. residential uses other than single-family detached and duplex or other form of two- family uses); public accommodations (including hotel and lodge uses); public, commercial and recreational uses and structures (including, without limitation, an outdoor skating rink and open plaza and other areas providing or allowing for recreational or entertainment activities and amenities; daycare and children centers; commercial retail uses and operations, which may include, again without limitation, restaurants, coffee shops and other eating and drinking establishments; ski clubs or similar associations or operations related to sporting, recreational or outdoor activities, and the uses enumerated in paragraph 1(a) above related to Ski Mountain Operations); improvements and uses for pedestrian and vehicular access and parking (including, without limitation, parking clubs), and loading/delivery facilities, uses and functions; and other uses, functions, improvements and facilities ancillary, incidental or related to any of the foregoing. However, in any case those Core Properties originally platted as Tract C, VaiULionshead, First Filing, and Tract C, Vail/Lionshead; Third Filing, must accommodate pedestrian access in accordance with development designs approved from time to time by the Town of Vail (the "Town"), and other uses and improvements will be permitted therein so long as such pedestrian access is not precluded thereby. 2. SIGNS. No signs, billboards, poster boards or advertising structure of any kind shall be erected or maintained on any_ lot or structure for any purpose whatsoeyer,_ except in _ accordance with the prevailing laws, rules and regulations from time to time of the Town. 3. WATER AND SEWAGE. Each structure designed foi occupancy or use by human beings shall connect with the water and sewerage facilities of the Vail Water and Sanitation District. No private well shall be used as a source of water for human consumption or irrigation in the Core Properties, nor shall any facility other than those provided by the Town or any applicable special district or other governmental authority be used for the disposal of sewage (the foregoing being subject, however, to any contrary laws, rules or regulations of the Town prevailing from time to time). Mechanical garbage disposal facilities shall be provided in each kitchen or food preparing area. ' 4. TRASH AND GARBAGE. No trash, ashes or other refuse may be thrown or dumped on any land within the Core Properties. The burning of refuse out of doors shall not 620647.5 RCFISH 3 be permitted in the Core Properties. No incinerator or other device for the burning of refuse indoors shall be constructed, installed or used by any person. Each property owner within the Core Properties shall provide suitable receptacles for the collection of refuse. Such receptacles shall be screened from public view and protected from disturbance. 5. LIVESTOCK. No animals, livestock, horses, or poultry of any kind except dogs, cats and other household pets (which may include, without limitation, any animals or species that may be maintained and marketed in a commercial retail pet store) shall be kept, raised or bred in the Core Properties. 6. TREES. No trees shall be cut, trimmed or removed in the Core Properties, except as permitted under the laws, rules and regulations of the Town prevailing from time to time. 7. LANDSCAPING AND GARDENING. All surface areas disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses, except where such areas are covered by the subject improvements being constructed or are to be improved by the construction or installation of gardens, lawns, exterior living areas or other landscaping or improvements undertaken in accordance with the laws, rules and regulations of the Town prevailing from time to time. 8. AREA REQUIREMENTS. No enclosed building structure designed for human use or habitation shall be constructed unless the aggregate floor area, exclusive of open porches, basements, carports and garages, shall be in excess of 900 square feet. 9. TRADE NAMES. No word, name, symbol, or combination thereof shall be used to identify for commercial purposes a house, structure, business or service in the Core Properties except in accordance with the laws, rules and regulations of the Town prevailing from time to time. 10. TEMPORARY STRUCTURES. No temporary structure, excavation, basement, trailer or tent shall be permitted in the Core Properties, except as may be necessary during construction, or as may be permitted under the laws, rules and regulations of the Town as prevailing from time to time for outdoor entertainment or other functions or events. 11. CONTINUITY OF CONSTRUCTION. All structures commenced in the Core Properties shall be prosecuted diligently to completion. 12. NUISANCE. No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance in the Core Properties. 13. EFFECT AND DURATION OF COVENANTS. The conditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of each Benefitted Property, and its Benefitted Owner, and shall be binding upon the Core Properties, and their owners and successors in interest, and shall continue in full force and effect until January 1, 2049. 620647.5 RCFISH 4 14: DESIGNATION OF BENEFITTED OWNERS. The Benefitted Owners and the Benefitted Properties are hereby designated as follows: (a) The properties within Vail/Lionshead, First Filing, and their respective owners, shall constitute Benefitted Properties and Benefitted Owners only to the extent that the restrictions and limitations hereunder apply to those Core Properties originally platted as part of Vail/Lionshead, First Filing. (b) The properties within VaiULionshead, Third Filing, and their respective owners, shall constitute Benefitted Properties and Benefitted Owners only to the extent that the restrictions and limitations hereunder apply to those Core Properties originally platted as part of VaiULionshead, Third Filing 15. AMENDMENT. (a) For the conditions, restrictions, stipulations, agreements and covenants contained herein (collectively "Covenant Provisions") that inure to the benefit of properties within Vail/Lionshead, First Filing, and their respective owners, the same may be waived, abandoned, terminated, amended or supplemented, in whole or in part (and whether addressing new or pre-existing subject matter), upon and only upon securing the written consent of the owners of 66 2/3% of the surface land area (whether publicly or privately owned) within the boundaries of Vail/Lionshead, First Filing, as the same may then be shown by the plat on file in the Records; provided, however, that use changes for the property originally platted as Tract D, VaillLionshead, First Filing, shall also require approval of the Town. Each Benefitted Owner within VaiULionshead, First Filing, will be ~ bound by any waiver, abandonment, termination, amendment or supplement of the Covenant Provisions instituted in accordance with the foregoing consent requirements. (b) For those Covenant Provisions that inure to the benefit of properties within Vail/Lionshead, Third Filing, and their respective owners, the same may be waived, abandoned, terminated, amended or supplemented, in whole or in part (and whether addressing new or pre-existing subject matter), upon and only upon securing the written consent of the owners of 66 2/3% of the surface land area (whether " - " " ublicl" or nvatel- owned within the boundaries of Vail/Lionshead Third Filin - as the p Y P Y ) ~ g, same may be then shown by the plat on file in the Records. Each Benefitted Owner within VaiULionshead, Third Filing, will be bound by any waiver, abandonment, termination, amendment or supplement of the Covenant Provisions instituted in accordance with the foregoing consent requirements. 16. ENFORCEMENT. (a) If any person shall violate or threaten to violate any of the Covenant Provisions, Vail Associates, Inc. or its successors or assigns, the Town, or any of the applicable Benefitted Owners may, but without obligation to do so, enforce the provisions of this instrument by instituting such proceedings at law or in equity as may be appropriate to enforce the applicable Covenant Provisions, including a demand for 620647.5 RCFISH 5 injunctive relief to prevent or remedy the threatened or existing violation of the applicable Covenant Provisions, and for damages. (b) Each owner within the Core Properties hereby appoints the Town Clerk of the Town as its agent to receive any notice provided for herein and ~ to accept service of process in any court proceeding brought to enforce the applicable Covenant Provisions. Any notice required under this paragraph 16 shall be written and shall specify the violation or threatened violation objected to, the property subject to the violation and shall demand compliance with the applicable .Covenant Provisions within fifteen (15) days after the giving of such notice. If after reasonable efforts the person giving the notice shall be unable to deliver the same personally to the person to whom it is directed and shall be unable to obtain a return receipt showing delivery of notice to the person to whom it is directed, then the required notice shall be deemed sufficiently given if posted upon the property described in the notice and mailed to the last known address of the person to whom the notice is directed and if also mailed or delivered to the Town Clerk of the Town as agent of the property owner. Personal service of process may be obtained, but only for the enforcement of the applicable Covenant Provisions, by service of process upon the Town Clerk of the Town as agent for the owner to be served, as defendant, if after reasonable diligence such defendant cannot be found within the State of Colorado and personal service cannot be otherwise obtained under the Colorado Rules of Civil Procedure. (c) Vail Associates, Inc., the Town, or any Benefitted Owner bringing a proceeding under paragraph 16(a) to enforce any of the applicable Covenant Provisions shall be entitled to judgment for the actual costs and expenses, including reasonable attorneys' fees, incurred by such person in the prosecution of such proceeding in addition to any other relief granted by the court. (d) No assent or acquiescence, expressed or implied, to any violation or threatened violation of any of the provisions of this instrument shall be deemed or taken to be a waiver of any succeeding or other violation or threatened violation of the applicable Covenant Provisions. 17. SEVERABILITY. Invalidation of an_y one of the provisions of this instrument by judgment or court order or decree shall in no way affect any of the other provisions, which shall remain in full force and effect. 18. SCOPE OF BENEFITTED PROPERTIES. For purposes of these Covenants, (i) Vail Village, Second Filing shall mean and encompass all the properties included within the plat of Vail Village, Second Filing recorded in the Records on January 9, 1963, at Reception No. 96928, as re-recorded and/or amended by plat recorded in the Records on March 25, 1963, at Reception No. 97199; (ii) Vail/Lionshead, First Filing shall mean and encompass all the properties included within the plat of Vail/Lionshead, First Filing recorded in the Records on May 10, 1970, at Reception No. 113260; and (iii) Vail/Lionshead, Third Filing shall mean and encompass all the properties included within the plat of Vail/Lionshead, Third Filing recorded in the Records on October 15, 1971, at Book 221, Page 992. All references in 620647.5 RCFISH 6 these Covenants to the plats of those properties shall mean the applicable plat referenced in this paragraph 18. 19. DEFINITION OF OWNER. As used in this instrument, the phrases "real property owner" or "owner of real property" or similar references shall mean any natural person, partnership, corporation, association or other entity or relationship, including any governmental entity, which shall own an estate in its own right or as a co-tenant or otherwise in fee simple, or a leasehold interest or estate for years for a term of not less than forty-nine (49) years in any portion of the lands included within any Benefitted Properties. Such phrases shall not include within their meaning the holder or owner of any lien or security interest in lands or improvements thereon within the subject Benefitted Properties, nor ariy person claiming an easement or right-of--way for utility, transportation or other purpose through, over or across any such lands. However, in the case of any land or property incorporated into a condominium community, the "owner" thereof shall mean, for purposes of paragraph 15 above, the board of directors (however denominated) of the governing condominium association, acting in accordance with the board's generally prevailing rules and procedures for taking such action. 20. APPLICATION OF LAWS. All references in these Covenants to laws, rules and regulations of the Town prevailing from time to time, or similar references, shall mean the same as they are .applied and enforced by the Town from time to time within legally permissible bounds of discretion. [Balance of page intentionally left blank] 620657.5 RCFISH 7 IN WITNESS WHEREOF, Vail Reinvestment Authority has made these Lionshead Core Protective Covenants as of the day, month and year first above written. VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado By: Name: Stanley B. Zemler Title: Executive Director STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004 by Stanley B. Zemler, as Executive Director of Vail Reinvestment Authority, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado. Witness my hand and official seal. My Commission expires: Notary Public 620647.5 RCFISN O EXHIBIT A Legal Description of Core Properties PARCEL A: LOT 4 BLOCK 1, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL B: TRACT D, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL C: TRACT C, VAIL/LIONSHEAD FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO PARCEL D: TRACTS G AND H, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL E: TRACT C, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL F: L LOT 2, BLOCK I, VAIL/LIONSHEAD THIRD FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL G:. - - - - - - _- - - - TRACT A, VAIL/LIONSHEAD THIRD` FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. 6?0647.5 RCFISH A- I Attachment 6: Summary of the Covenants Vail Associates, Inc. Gore Creek Place Project Lionshead Core Project Narrative Summary of Covenant Issues prepared for August 3, 2004 Meeting of the Vail Reinvestment Authority on behalf of Vail Associates, Inc. and VAMHC, Inc. 1. Lionshead "Core": redevelopment may include hotel/residential condominium complex, commercial retail, and recreational facilities, including skiers' club and/or services facilities, an ice rink, and other facilities and services related to Vail Mountain ski and recreational operations. The intended uses are allowed under the Lionshead First and Third Filings Covenants (permitted uses generally include "high density, multi-family residential structures, public accommodations, public uses and commercial and recreational structures"), subject to the following qualifications: (a) Tract C, Vail/Lionshead, First Filing, and Tract C, Vail/Lionshead, Third Filing (the Core perimeter areas) (i) Limited by Section 2.2.3 of each of the First Filing Covenants (217/675) and the Third Filing Covenants (221/991) to "open area, as a pedestrian circulation area and as the means of ingress and for pedestrian traffic to and from adjacent properties and for emergency vehicles." (ii) Design of the Core may necessitate that certain peripheral improvements extend into the Tract C's (e.g., dining facilities and deck areas, public restrooms, ice rink and vehicular access ways). (b) Tract D, VaiULionshead, First Filing (Lionshead ski yard, at southeast corner of the project site) - -- - (i) - -Subject to -Section 2.2.4 of the First Filing Covenants (217/675), which limit improvements to underground parking, ski lift terminals and a health club (alternatively can be used as an open area for recreational purposes, with certain facilities/ improvements). . (ii) Plans for the Core hotel improvements may require extension into Tract D as a periphery area (e.g., for dining facilities and decks), as well as more expansive improvements and uses for Vail Mountain operations. (c) Tracts C and D, Vail/Lionshead, First Filing (easterly Core perimeter, and Lionshead ski yard) (i) Subject to a restriction under Section 2.1 of the Vail Village, Second Filing Covenants (174/431), which limits uses to "private residences, each 625428.1 RCFISH to contain not more than two separate apartments" (herein the "Duplex Limitation"). Portions of Vail/Lionshead, First Filing, were resubdivided from portions of Vail Village,. Second Filing. (ii) Again may affect Core improvements on the outer perimeter of the project (e.g., the dining/deck areas and facilities for Vail Mountain operations). (d) Tract G, VaiULionshead, Third Filing (presently. used as a private access road for Lion Square) (i) Tract G is relegated under the Third Filing Covenants (221 /991) to use "as a private road... for ingress and egress to and from" the Core and certain adjacent condominium properties. (ii) Core building improvements and/or parking areas may need to extend into portions of Tract G that are not necessary for existing access. Access for Lion Square will be preserved without material alteration. (e) Tract H, Vail/Lionshead, Third Filing (parcel within the hoteUcondominium complex site) (i) Subject to limitations under Section 2.2.7 of the Third Filing Covenants (221/991) limiting use to a service area for loading and unloading vehicles. (ii) Limitations expressly benefit Vail Resorts-owned properties, and therefore Vail Resorts may be able to extinguish by unilateral action. Since condemnation is to proceed anyway, this limitation can also be removed by that process. (f) Tract A, VaiULionshead, First Filing (i) Subject to constraints under First Filing Covenants limiting use to pedestrian walks and use as an open area, with certain allowed site _ _ improvements._ Rights-of--way are not.expressly contemplated.. ___ __ . _ . (ii) Use restrictions could be construed to prohibit any necessary right-of--way expansion of Lionshead Place into Tract A. Because of the RFP bidding process required by -Vail Reinvestment Authority for undertaking any condemnation, the entire Core development site must be condemned, so that the entire development site is ultimately vested in the successful RFP bidder. 2. "Gore Creek Place" development is planned to be a 16-unit duplex residential project along Gore Creek, in the southerly part of the West Day Lot (i. e., portions of Lots B and D, Morcus Subdivision, and the plat of the Lionshead Penthouses). 625428.1 RCFISH 2 (a) The Vail Village, Second Filing Duplex Limitation encumbers the Gore Creek Place site (Morcus Subdivision and Lionshead Penthouses are resubdivisions of portions of Vail/Lionshead, Third Filing, which in turn included resubdivided portions of Vail Village, Second Filing). It is appropriate to expand the permitted uses to include multi-family, as well as single-family and duplex, given the common access tunnel and foundation wall in the Gore Creek Place design. These Covenants also contain antiquated, defunct provisions for private architectural controls which may create a cloud on title. The Duplex Limitation area further encroaches slightly into the future West Day Lot development site to the north, which could impinge upon its planned mixed uses. (b) .Portions of the Gore Creek Place site are also subject to Section 2.1 of the VaiULionshead, Third Filing'Covenants (221/991), as modified by paragraph 1 of an Amendment thereto (258/453), limiting residential to "high density multi- family residential structures." This limitation may conflict with the proposed Gore Creek Place project. The foregoing numerical references in parentheticals are book and page numbers for recording information. This narrative summary is complemented by general depictions of the areas affected by the issues discussed above, which depictions are superimposed upon certain iterations of development plans for the projects. 625428.1 RCFISH 3