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Home My WebLink About2004-09-07 Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION TUESDAY, JULY 20, 2004 6:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, July 20, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet Council Members Not Present: Farrow Hitt Staff Members Present: Stan Zemler, Town Manager (Arrived at approx. 7:30 P.M.) Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation: ' - Stephen Connelly, representing the Valley-Wide Ice Users Alliance (VWIUA), asked the Council to consider supporting the installation of the Vail Ice Dome in a location other than Vail, if the opportunity arose. Connelly then recommended that the Dobson Arena lease agreement be modified so as to free up funds to be used for operation of the Ice Dome. Connelly continued by stating that the VWIUA would request operating funds from Eagle County for operation of the Ice Dome and requested that smoke mitigation in Dobson Area be performed. Assistant Town Manager Pam Brandmeyer asked that VWIUA provide a formal requesf to the Town Council at its Aug.- 3 meeting. - Sherry Dorward, representing the Betty Ford Alpine Gardens, invited the Town Council and the public to attend a fundraising dinner on Aug. 21. She also announced the Gardens had recently hired Jim Brandmeyer, an experienced fund raiser as its new executive director. The second item on the agenda was. Proclamation 3, Series 2004. Proclamation 3, Series 2004, was read in recognition of Polly Letofsky and her "walk around the world" to raise awareness of breast cancer. It was then announced that on July 30, anyone interested in joining Letofsky on the final leg of her journey, can meet her at the East Vail Campground at 2:30 p.m. as she completes her 14,000 mile walk. A reception will follow at 3:30 p.m. at Billy's Island Grill in LionsHead. The third item on the agenda was the appointment of an Art in Public Places (AIPP) board position. Council interviewed in the afternoon and, at the evening meeting, appointed Kay Cherry to an Art in Public Places (AIPP) board position.. Cherry will be filling a position vacated by Millie Aldrich. Tom Gorman had originally applied for the position as well; however, he withdrew his name prior to the interview. The fourth item on the agenda was the appointment of a Design Review Board (DRB) Position. Council interviewed five candidates to fill a Design Review Board Position (DRB) being vacated by Scott Proper. The candidates were Charles Baker, Betsy Bradley, Kay Cherry, Peter Dunning and Kathy Langenwalter. Councilman Dick Cleveland recused himself from the interview and voting process, as his spouse (Langenwalter) had applied for the appointment. Council was unable to obtain a majority vote on the appointment. Subsequently, a motion was passed to table the appointment until the Aug. 3 meeting. Ruotolo moved, Moffet seconded. Motion passed 5-0 . The fifth item on the agenda was the consent agenda. Minutes were approved from 06.01.04, 06.15.04, and 07.06.04 Town Council Meetings. Donovan inquired about item 6 on the 06.15.04 minutes questioning if the adopted noxious weed control plan was specifically applicable to the Vail Valley. Town Attorney, Matt Mire, stated that the state plan had been modified to specifically include only those plants common to the localized area. Ruotolo stated that in the town managers report, the dates for the community picnics were not accurate. Assistant Town Manger, Pam Brandmeyer, stated that at the time of the 06.15.04 meeting the dates were accurate, however, had been recently altered. Donovan then requested that an addition be made to item 9 in the 07.06.04 minutes, specifically regarding the addition of mitigation discussion regarding three keys and the Crossroads sidewalk. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The sixth item on the agenda was the Chamonix Property Master Site Planning. Project Facilitator, Suzanne Silverthorn, received approval of a request to authorize the Town Manager to enter into a contract with the Davis Partnership /Michael Hazard & Associates, Edwards, Colorado, for an amount not to exceed $50,000 to facilitate preparation of a master land use plan for the Chamonix property at 2310 Chamonix Road. T_ he_ Chamo_ nix property. planning team will now help facilitate a_ process .that will -- - - __ - include a series of neighborhood meetings and Town Council discussions fo accommodate previous decisions to site a fire station on the property and to identify and evaluate additional uses that will maximize community benefit while complementing the surrounding neighborhood. Moffet moved, Logan seconded. Motion passed unanimously, 6-0. The seventh item on the agenda was a Conference Center Update. Community Development Director Russell Forrest announced that potential design teams for the Vail conference center had been narrowed to four. Interviews will be taking place on July 23, followed by an open house. The public is invited to attend. Slifer thanked the town's owner's representative, ARC, for helping to narrow the list of architectural firms who had responded to an earlier request for qualifications. The eighth item on the agenda was the Renovation of Pirate Ship Park. Council approved a construction contract between the Town of Vail and J.L. Viele Construction, Inc. for the Pirate Ship Park renovation project. Council also approved a total budget of $331,800 for the project, which will include a complete rebuild of the pirate ship as designed by local artist Ty Gillespie. Construction will begin Sept. 7 and will be substantially complete this fall. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The ninth item on the agenda was North Frontage Road Recreation Path Connection and Red Sandstone Parking Improvements. Council approved a contract with Shaw Construction for $598,662 for construction of the North Frontage Road recreation path. The project will complete the recreation path from the West Vail roundabout to the Main Vail roundabout by connecting the Middle Creek housing project's path with the Red Sandstone pedestrian bridge. Construction is scheduled to begin in August and will include improvements to the parking lot at Red Sandstone School. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The tenth item on the agenda was a Design Review Board Appeal. Council performed a site visit, and subsequently overturned a Design Review Board denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive/Lot 4, Block C, Vail Das Schone Filing No. 1. Logan asked why the colors weren't approved. Logan stated that he thought the design review process was arbitrary. George Ruther stated that a complaint about the color of the house had been received in the Community Development Department. Cleveland stated as a neighbor, he did not believe that the color of the house was offensive. Home owner, Beth Perkins, apologized for painting her home prior to staff or DRB approval, and stated she did have a full and complete understanding of the DRB process. Arosa Drive property owner, Dennis Scilicy, applauded the color Perkins had painted her home. Moffet moved to overturn, Logan seconded. Motion passed unanimously 6-0. The motion was amended to include the stipulation that Ms. Perkins submit a complete and accurate DRB application. The eleventh item on the agenda was the first reading of Ordinance No. 18, Series 2004, an Ordinance authorizing retail liquor stores or licensed drug stores in the Town of Vail to conduct on site alcoholic beverage tastings; and setting forth details in regard thereto. Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised St_atu_ tes, retail liquor store licensees and liquor-licensed drug stores may be authorized to conduct alcoholic beverage tastings subject to specific limitations set forth in the aforesaid amendments. Town Attorney, Matt Mire stated that according to the new law, as well as the Town Charter, the town must adopt an ordinance allowing for said tastings to occur. Moffet moved, Ruotolo seconded. The motion passed 5-1, with Donovan opposed. Mire subsequently announced that he will bring forward an ordinance that would amend the town's existing open container law in the near future. The twelfth item on the agenda was Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two- Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto, and; Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF),. High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Ordinance 10, originally proposed to address the GRFA question failed. Moffet moved, and Cleveland seconded the motion to eliminate Ordinance 10. The motion passed with a unanimous vote of 6-0. Moffet moved and Cleveland seconded the motion to approve Ordinance 14. The motion passed with a vote of 5-1, with Donovan dissenting. Councilwoman Donovan expressed concern that the original intent of revising the GRFA formula-had not been met and continued by stating that Council had caved to the pressure of friends, neighbors and special interests. Ordinance No. 14 increases the percentage amounts in allowable GRFA calculations, clarifies which architectural features count as GRFA and repeals the "250 addition" and "interior conversion" GRFA bonuses that were in effect in the SFR, R and PS zone districts. Additionally, Ordinance 14 increases residential parking requirements. Several citizens voiced opinion on the aforementioned actions. Ron Byrne stated that he had not spoken with anyone in town who didn't support GRFA modifications. Byrne continued by stating the town council needs to support such modifications in order to keep Vail competitive with market demand. Eric Shirley also voiced concern that as elected officials, the Town Council was not properly representing the. will of the people. Shirley continued by noting that no one has spoken out against the proposed GRFA modifications in a public forum. John Ellison reiterated by stating the residents of Vail wanted the GRFA passed. Dan Nielsson also encouraged Council to pass the GRFA Ordinance. Jim Lamont, Vail Homeowner's Association, urged Council to make the GRFA modifications, while maintaining the use of the 250 addition, and interior conversions. Lamont continued by stating that up to this point, in the town's history, Vail's zoning has been inclusionary as opposed to exclusionary. John Schofield applauded council's continued efforts regarding the reformulation of GRFA and their. decision to return to an ordinance version more closely resembling the original Planning and Environmental Commission recommendation. Earlier during the GFRA discussion, a motion made by Moffet and seconded by Logan, failed by a 3-3 vote. Slifer, Logan and Moffet voted for the motion with Donovan, Ruotolo and Cleveland dissenting. The motion would have altered Ordinace 14, in that below grade deductions could have been used on multiple levels. The thirteenth item on the agenda was the Second Reading of Ordinance 12, Series 2004, an ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of Vail; providing for certain housekeep_ ing _ amendments t_o the Town of Vail Police _ _ _ ____ -- Regulations; and setting forth- details in regards thereto. After consultation with the Town Prosecutor, several housekeeping amendments were proposed to bring the Town's Police Regulations up to date and in further compliance with State Statute. Cleveland moved, Moffet seconded. Motion passed unanimously, 6-0. The fourteenth item on the agenda was the Second reading of Ordinance No. 15, Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. Moffet moved, Cleveland seconded. Motion passed unanimously, 6-0. The fifteenth item on the agenda was the Second reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel. Cleveland moved, Moffet seconded. Motion passed 5-1, with Slifer dissenting. The sixteenth item on the agenda was the Town Managers Report. - Dobson Arena Smoke Mitigation Update Town Manager, Stan Zemler explained that the scope of the smoke management system at the Dobson Ice Arena has changed, since Odell Architects made it known in April that potential project costs may exceed $500k. After this revelation, the Chief Building Official and Fire Marshal conducted code research and determined adding additional exits on the north side of the facility would allow for an increase in occupant load. Staff has .since proceeded to obtain further code engineering and structural engineering analysis to determine the feasibility of a north exit door scenario. This change in the project will result in considerable savings. Roughly estimated project costs could be closer to $150,000, and there would be little lost ice time over the summer, during construction. Completion is expected by November 2004. Anew proposal has been submitted to the DRB and town staff is expecting approval. The new submittal will increase capacity to close to 3000 persons. The new design increases the center isles in the bleachers from 44" to 72", replaces. sprinkler heads to reduce .the hazard of the wood roof, and recommends the installation of two pairs of three foot doors and stairs on the north outside wall. This project is currently unbudgeted. Once contractor pricing is obtained, staff will ask for the project to be added to the next supplemental appropriation. - Eagle County Capital Improvement Budget Dick Cleveland reported that new Eagle County capital project requests and matching funds requirements will impact past project prioritization efforts, specifically the proposed West Vail fire station. Cleveland said that Eagle County had received a grant for the installation of radar at the county-operated airport, which will impact previous recommendations for capital projects. The seventeenth item on the agenda was adjournment. At approximately 10:05 p.m. Moffet moved to adjourn the meeting with Ruotolo seconding. The motion passed unanimously, 6-0. 5 MEADOW DRIVE Date: September 1, 2004 To: Town of Vail Council Subject: Snowmelt for East Meadow Drive As owners of a majority of the private property along East Meadow Drive, we hereby request that the Town of Vail budget appropriate funds to snowmelt the public portion of East Meadow Drive from Vail Road to Slifer Plaza, of Willow Bridge Road from Crossroads to the International Bridge and of Village Center Road from East Meadow Drive to South Frontage Road. As property owners, we have already made and are committed to making significant additional investments to snowmelt the private property adjacent to East Meadow Drive e.g. Sonnenalp Resort, One Willow Bridge Road (Swiss Hotel and Spa), Village Center, Austria Haus, Crossroads and Village Inn Plaza. The timing for installation should coincide with our private development which will continue through 2007/08 so as to eliminate digging up portions of Meadow Drive a second time, which is costly in both construction expense and lost sales. We believe the Town should fund these improvements in the same way that it is funding similar work on Bridge Street and Gore Creek Drive. Sincerely, ~~ -~~`Tr~e N E D Faessler Fred Hibberd Peter 1 ob McNichols uc M r .• ~,-f r ,~ Waldir Prado CC: Town Manager Stan Zemler ' • ~1~1~5 MAN Sl~~~ MEADOW DRIVE Date: September 1, 2004 To: Town of Vail Council Subject: Snowmelt for East Meadow Drive • As owners of a majority of the private property along East Meadow Drive, we hereby request that the Town of Vail budget appropriate funds to snowmelt the public portion of East Meadow Drive from Vail Road to Slifer Plaza, of Willow Bridge Road from Crossroads to the International Bridge and of Village Center Road from East Meadow Drive toy South Frontage Road. As property owners, we have already made and are committed to making significant additional investments to snowmelt the private property adjacent to East Meadow Drive e.g: Sonnenalp Resort, One Wi11ow`Bridge Road (Swiss Hotel and-Spa),-Village-Center, Austria Haus, Crossroads and Village Inn Plaza. The timing for installation should coincide with our private development which will continue through 2007/08 so as to eliminate digging up portions of Meadow Drive a second time, which is costly in both construction expense and lost sales. We believe the Town should fund these improvements in the same way that it is funding similar work on Bridge Street and Gore Creek Drive. Sincerely, Johannes Faessler Fred Hibberd Peter Knobel Bob McNichols Luc Meyer ~ ~ ~ Waldir. Prado' ~ `- ` , Joe Staufer ` ~ ~ ~- ,. ~~: .., : ., .~ ins J _... !. i ..~ ..t .. .. .. ,1.- '_~'~ s'io: CC: Town Manager Stan Zemler ~, .~ Vail Town Council Evening Meeting Minutes Tuesday, August 17, 2004 6:00 P.M.. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at 6:00 P.M. by Mayor Rod Slifer. Members Present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Members Absent: Greg Moffet Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. A.J. Johnson, a candidate for District 2 Eagle County Commissioner, introduced himself and encouraged the Council and members of the public to contact him to discuss issues of concern. Johnson is running against incumbent Arn Menconi in the November election. Chip Domke, director of the Vail Memorial Park, presented an update on the park's construction, which has been underway for the past few weeks following a ceremonial groundbreaking in June. The park is located on an 11-acre site on a portion of the town- owned Katsos property in East Vail. During his update, Domke showed photos of the construction site, which has been carefully staged to protect the growth of wildflowers and plants. The park will feature inscribed boulders, stones and benches to memorialize loved ones, plus the burial or scattering of cremation remains. Domke said the park will be dedicated this fall and that 10 of 18 major donors had already been secured. Construction of the park is being supported by a local fundraising campaign sponsored by the Vail Memorial Park_Foundation,_plus a_ $50,000 interest-free loan_ from_the Town_ _ _ _ _ of Vail: -Also, a perpetual care fund has been established to cover ongoing operations. Domke said he would return to the Town Council with another update in a few weeks. The second item on the agenda was the Chamonix Property Master Planning Update. Scott Nevin of Davis Partnership and Michael Hazard of Hazard & Associates presented an update on the town's master planning process for the Chamonix property at 2310 Chamonix Rd. in West Vail. The town, has hired the team to explore a variety of future land use options for the 3.6 acre town-owned property, which has also been identified as a site for a future fire station. During the presentation, Nevin summarized project themes identified during an Aug. 9 neighborhood kick-off meeting. Comments centered around five themes: 1) preserve and build upon community characteristics; 2) pay particular attention to site access and traffic impacts; 3) minimize fire station impacts to the neighborhood; 4) explore financing options for fire station; and 5) explore long-term needs and opportunities. Next steps include creation of a range of land use scenarios, all of which will include a fire station on the property. The options will be presented at a second neighborhood meeting on Sept. 27, followed by an update to the Town Council on Oct. 5. During the discussion, Mayor Rod Slifer encouraged the design team to leave enough room for a future expansion of the fire station so as to adequately serve the community 30 to 40 years from now. Councilman Dick Cleveland said he was glad the team will explore a variety of options, including whether apublic-private development on the property could offset costs for the fire station. Such options, he said, will require public policy decisions by the Council, such as deciding if the town would be willing to sell a portion of the land. Council member Diana Donovan said she hoped .land-banking would be considered as an option, while Council member Kim Ruotolo said the first neighborhood meeting was well attended and offered a good opportunity to listen to. neighborhood concerns and ideas. The third item on the agenda was a Design Review Board Appeal, 252 West Meadow Drive. The Council heard a presentation by Bill Gibson, Community Development Planner, outlining the applicant's request to overturn the Design Review Board's (DRB) denial of an application to allow for a change to approved landscaping plans at a residence under constructiori at 252 West Meadow Drive. The property owner, Ted Halaby, had asked that the original condition of approval to plant five, 35 ft. high replacement trees be modified by planting trees of different sizes after discovering that an underground culvert could not guarantee the survivability of the taller trees. After discussion, Kim Ruotolo motioned to overturn DRB denial based on the following finding: that upon review of the evidence and testimony presented the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have not been implemented and enforced correctly by the Design Review Board. The motion was seconded by Kent Logan. After further discussion, the motion was amended by Ruotolo to require the culvert be inspected and replaced, if needed, before the berm is contructed. Kent Logan amended his second. Routolo further amended her motion to reflect that if, after an inspection of the culvert, it is found to have a problem; the applicant is to return. to Council for direction. Logan again amended his second. A vote was taken and the motion passed unanimously, 6-0. In voting to overturn the DRB decision to deny the request, Council members said the proposal was a reasonable solution, given the circumstances. The fourth item. on the agenda was a discussion to sign a contract with Fentress Bradburn to design the Vail Conference Center. The contract includes $2,063,865 for _ _ _ _ conference .center design _ purposes _ plus.. $153,252_ in reimbursable _ expenses... In_ _ _ _ addi4ion, the contract allows up to $318,580 in alternate fees, depending on the scope of parking, transit and road configurations identified during a master planning process of the area. During the discussion, Chris Squadra of ARC was introduced as the town's owner's representative. ARC has been responsible for contract negotiations and other technical issues. Squadra described the contract with Fentress Bradburn as "tough, but fair." It was noted the Denver-based design firm was the unanimous choice of the Conference Center Committee and the Vail Town Council from among 11 submissions. During discussion, Council member Diana Donovan inquired about the scope of work and triggers related to decisions on parking and transit. She also noted the need to involve the community in the planning process and expressed a desire to determine how other uses could be accommodated on the site during future expansions. Community Development Director Russell Forrest reviewed next steps associated with the project, which includes creation of a master plan for the conference center/parking structure site that will identify vehicular and pedestrian circulation and connections as well as other ~~ urban design elements. A series of public stakeholder meetings are scheduled for Aug. 18 and again on Sept. 2. Once a master plan is formulated, the design process for the conference center will begin. Dick Cleveland made a motion to sign a contract with the architectural firm Fentress -Bradbam~ to design-the-Vail Conference Center after review and approval of the town attorney. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was the first reading of Ordinance No. #21, Series of 2004, an ordinance making supplemental appropriations to the 2004 Budget Supplemental Appropriation No. 2. The ordinance, the second supplemental appropriation of the, year, identifies $3,045,169 in revenue increases and $3,272,372 in related expenditures. Finance Director Judy Camp outlined major changes to the budget, including an adjustment to funding and construction costs for the Multi-Purpose Recreational Facility at Red Sandstone School; legal fees associated with a water rights case brought by the town and several other resort communities on behalf of their whitewater parks; fees associated with the conference center planning; the cost of additional contract positions funded by a development resources agreement with Vail Resorts; and revenue forecast increases. During discussion, Council member Diana Donovan inquired about costs associated with Lionshead's redevelopment as well as wayfinding improvements, while Councilman Farrow Hitt inquired about smoke mitigation costs for Dobson Arena and requirements associated with the American with Disabilities Act (ADA). Hitt also referred to an open space line item in the budget which he said underscored the importance of protecting existing lands. Dick Cleveland made a motion to approve Ordinance No. #21 on first reading. Farrow Hitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Noting the town's major fund balances are now higher than anticipated, Councilman Kent Logan said the town is in very good shape financially, giving credit to Town Manager Stan Zemler and his staff. The sixth item on the agenda was the second reading of Ordinance No. 17, Series of 2004, an ordinance amending. Special Development district No. #4, Cascade Village, to allow for the creation of Development Area E, located at Track K, Glen Lyon Subdivision. At the request of Town Attorney Matt Mire, Dick Cleveland motioned to table Ordinance No. 17. Farrow Hitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The ordinance was tabled to the Oct. 5 evening meeting to allow time for Vail Resorts to resolve outstanding issues related to protective covenants of the subdivision, which requires written consent by other property owners of the subdivision. _ _ _ _ __ _Approval of the _ordinance would enable_ Vail _Resorts_ to apply__ fora conditional use _ _ ___ _ _ _ permit to allow for a new snowcat access route onto Vail Mountain. The seventh item on the agenda was the second reading of Ordinance No. 19, Series of 2004, an ordinance amending section 6-3C-4 of the Municipal Code of the Town of Vail as it relates to possession of opened containers of vinous liquor that modifies Vail's open container ordinance by allowing an establishment possessing a valid Hotel and Restaurant liquor license to permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container of partially consumed wine purchased on the premises so long as the original container did not contain more than 750 milliliters. The modifications are needed to accommodate a new liquor tastings law approved by the state legislature. During discussion, Councilman Farrow Hitt received clarification from Town Attorney Matt Mire that the law requires the wine to be partially consumed on the premises before it can be resealed and removed. Kim Ruotolo made a motion to approve Ordinance No. 19 on second reading. Kent Logan seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the Town Manager's Report. The Council reviewed plans by Vail Resorts to begin the relocation of utilities in Lionshead, which signifies a major starting point for redevelopment. The work is anticipated to begin Sept. 7. Councilman Kent Logan noted the need for adequate notification to impacted properties and to minimize business disruption as much as possible. Jay Peterson, representing Vail Resorts, said all businesses would have access throughout the construction and that notification meetings with affected businesses and property owners were already taking place. Council member Diana Donovan received clarification that the utility locations would not conflict with build-to lines identified in the Lionshead Master Plan, while Dick Cleveland said he wanted to make sure the public understood the action does not involve selling town land or right of way. Cleveland motioned to authorize the town manager to sign permanent utility easements to allow for the utility relocation. Farrow Hitt seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Also during the Town Manager's Report, the Council discussed a request to authorize the town manager to enter into an Intergovernmental Agreement with Eagle River Water and Sanitation District for an amount not to exceed $100,000 for storm water work associated with .utility work on East Meadow Drive. Construction will begin Sept. 7. During discussion, Councilman Kent Logan reiterated concerns about adequate notice for area businesses and property owners. It was noted that a meeting for businesses and property owners along Meadow Drive had been held recently to provide an overview of the anticipated construction. Kim Ruotolo motioned to authorize the town manager to enter into an Intergovernmental Agreement with Eagle River Water and Sanitation District for an amount not to exceed $100,000 for storm water work associated with utility work on East Meadow Drive. Kent Logan seconded the motion. A vote was taken and the motion passed unanimously, 6-0. In closing the meeting, Mayor Rod Slifer complimented Bill Carlson, the town's environmental health officer, for his work in helping to address some sediment problems associated with a Vail Resorts construction project on Hanson Ranch Road. As there was no further business, Kent Logan motion to adjourn. Kim Ruotolo seconded the motion. A vote was taken and the meeting was adjourned at 7:47 P.M. Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk VAIL TOWN COUNCIL EVENING SESSION TUESDAY, JULY 20, 2004 6:00 P.M. TOV COUNCIL CHAMBERS The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, July 20, 2004. Council Members Present: Kent Logan, Rod Slifer, Dick Cleveland, Kim Ruotolo, Diana Donovan, Greg Moffet Council Members Not Present: Farrow Hitt Staff Members Present: Stan Zemler, Town Manager (Arrived at approx. 7:30 P.M.) Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation: - Stephen Connelly, representing the Valley-Wide Ice Users Alliance (VWIUA), asked the Council to consider supporting the installation of the Vail Ice Dome in a location other than Vail, if the opportunity arose. Connelly then recommended that the Dobson Arena lease agreement be modified so as to free up funds to be used for operation of the Ice Dome. Connelly continued by stating that the VWIUA would request operating funds from Eagle County for operation of the Ice Dome and requested that smoke mitigation in Dobson Area be performed. Assistant Town Manager Pam Brandmeyer asked that VWIUA provide a formal request to the Town Council at its Aug. 3 meeting. - Sherry Dorward, representing the Betty Ford Alpine Gardens, invited the Town Council and the public to attend a fundraising dinner on Aug. 21. She also announced the Gardens had recently hired Jim Brandmeyer, an experienced fund raiser as its new executive director. The second item on the agenda was Proclamation 3, Series 2004. Proclamation 3, Series 2004, was read in recognition of Polly Letofsky and her "walk around the world" to raise awareness of breast cancer. It was then announced that on July 30, anyone interested in joining Letofsky on the final leg of her journey, can meet her at the East Vail Campground at 2:30 p.m. as she completes her 14,000 mile walk. A reception will follow at 3:30 p.m. at Billy's Island Grill in LionsHead. The third item on the agenda was the appointment of an Art in Public Places (AIPP) board position. Council interviewed in the afternoon and, at the evening meeting, appointed Kay Cherry to an Art in Public Places (AIPP) board position. Cherry will be filling a position vacated by Millie Aldrich. Tom Gorman had originally applied for the position as well; however, he withdrew his name prior to the interview. The fourth item on the agenda was the appointment of a Design Review Board (DRB) Position. Council interviewed five candidates to fill a Design Review Board Position (DRB) being vacated by Scott Proper. The candidates were Charles Baker, Betsy Bradley, Kay Cherry, Peter Dunning and Kathy Langenwalter. Councilman Dick Cleveland recused himself from the interview and voting process, as his spouse (Langenwalter) had applied for the appointment. Council was unable to obtain a majority vote on the appointment. Subsequently, a motion was passed to table the appointment until the Aug. 3 meeting. Ruotolo moved, Moffet seconded. Motion passed 5-0 . The fifth item on the agenda was the consent agenda. Minutes were approved from 06.01.04, 06.15.04, and 07.06.04 Town Council Meetings. Donovan inquired about item 6 on the 06.15.04 minutes questioning if the adopted noxious weed control plan was specifically applicable to the Vail Valley. Town Attorney, Matt Mire, stated that the state plan had been modified to specifically include only those plants common to the localized area. Ruotolo stated that in the town managers report, the dates for the community picnics were not accurate. Assistant Town Manger, Pam Brandmeyer, stated that at the time of the 06.15.04 meeting the dates were accurate, however, had been recently altered. Donovan then requested. that an addition be made to item 9 in the 07.06.04 minutes, specifically regarding the addition of mitigation discussion regarding three keys and the Crossroads sidewalk. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The sixth item on the agenda was the Chamonix Property Master Site Planning. Project Facilitator, Suzanne Silverthorn, received- approval of a request to authorize the Town Manager to enter into a contract with the Davis Partnership /Michael Hazard & Associates, Edwards, Colorado, for an amount not to exceed $50,000 to facilitate preparation of a master land use plan for the Chamonix property at 2310 Chamonix Road. The Chamonix property planning team will now help facilitate a process that will include a series of neighborhood meetings and Town Council discussions to accommodate previous decisions to site a fire station on the property and to identify and evaluate additional uses that will maximize community benefit while complementing the surrounding neighborhood. Moffet moved, Logan seconded. Motion passed unanimously, 6-0. The seventh -item on the agenda was a Conference Center Update. Community Development Director Russell Forrest announced that potential design teams for the Vail conference center had been narrowed to four. Interviews will be taking place on July 23, followed by an open house. The public is invited to attend. Slifer thanked the town's owner's representative, ARC, for helping to narrow the list of architectural firms who had responded to an earlier request for qualifications. The eighth item on the agenda was the Renovation of Pirate Ship Park. Council approved a construction contract between the Town of Vail and J.L. Viele Construction, Inc. for the Pirate Ship Park renovation project. Council also approved a total budget of $331,800 for the project, which will include a complete rebuild of the pirate ship as designed by local artist Ty Gillespie. Construction will begin Sept. 7 and will be substantially complete this fall. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. . The ninth item on the agenda was North Frontage Road Recreation Path Connection and Red Sandstone Parking Improvements. Council approved a contract• with Shaw Construction for $598,662 for construction of the North Frontage Road recreation path. The project will complete the recreation path from the West Vail roundabout to the Main Vail roundabout by connecting the Middle Creek housing project's path with the Red Sandstone pedestrian bridge. Construction is scheduled to begin in August and will include improvements to the parking lot at Red Sandstone School. Moffet moved, Ruotolo seconded. Motion passed unanimously, 6-0. The tenth item on the agenda was a Design Review Board Appeal. Council performed a site visit, and subsequently overturned a Design Review Board denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive/Lot 4, Block C, Vail Das Schone Filing No. 1. Logan asked why the colors weren't approved. Logan stated that he thought the design review process was arbitrary. George Ruther stated that a complaint about the color of the house had been received in the Community Development Department. Cleveland stated as a neighbor, he did not believe that the color of the house was offensive. Home owner, Beth Perkins, apologized for painting her home prior to staff or DRB approval, and stated she did have a full and complete understanding of the DRB process. Arosa Drive property owner, Dennis Scilicy, applauded the color Perkins had painted her home. Moffet moved to overturn, Logan seconded. Motion passed unanimously 6-0. The motion was amended to include the stipulation that Ms. Perkins submit a complete and accurate DRB application. The eleventh item on the agenda was the first reading of Ordinance No. 18, Series 2004, an Ordinance authorizing retail liquor stores or licensed drug stores in the Town of Vail to conduct on site alcoholic beverage tastings; and setting forth details in regard thereto. Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes, retail liquor store licensees and liquor-licensed drug stores may be authorized to conduct alcoholic beverage tastings subject to specific limitations set forth in the aforesaid amendments. Town Attorney, Matt Mire stated that according to the new law, as well as the Town Charter, the town must adopt an ordinance allowing for said tastings to occur. Moffet moved, Ruotolo seconded. The motion passed 5-1, with Donovan opposed. Mire subsequently announced that he will bring forward an ordinance that would amend the town's existing open container law in the near future. The twelfth item on the agenda was Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two- Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto, and; Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF),. High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Ordinance 10, originally proposed to address the GRFA question failed. Moffet moved, and Cleveland seconded the motion to eliminate Ordinance 10. The motion passed with a unanimous vote of 6-0. Moffet moved and Cleveland seconded the motion to approve Ordinance 14. The motion passed with a vote of 5-1, with Donovan dissenting. Councilwoman Donovan expressed concern that the original intent of revising the GRFA formula had not been met and continued by stating that Council had caved to the pressure of friends, neighbors and special interests. Ordinance No. 14 increases the percentage amounts in allowable GRFA calculations, clarifies which architectural features count as GRFA and repeals the "250 addition" and "interior conversion" GRFA bonuses that were in effect in the SFR, R and PS zone districts. Additionally, Ordinance 14 increases residential parking requirements. Several citizens voiced opinion on the aforementioned actions. Ron Byrne stated that he had not spoken with anyone in town who didn't support GRFA modifications. Byrne continued by stating the town council needs to support such modifications in order to keep Vail competitive with market demand. Eric Shirley also voiced concern that as elected officials, the Town Council was not properly representing the. will of the people. Shirley continued by noting that no one has spoken out against the proposed GRFA modifications in a public forum. John Ellison reiterated by stating the residents of Vail wanted the GRFA passed. Dan Nielsson also encouraged Council to pass the GRFA Ordinance. Jim Lamont, Vail Homeowner's Association, urged Council to make the GRFA modifications, while maintaining the use of the 250 addition, and interior conversions. Lamont continued by stating that up to this point, in the town's history, Vail's zoning has been inclusionary as opposed to exclusionary. John Schofield applauded council's continued efforts regarding the reformulation of GRFA and their. decision to return to an ordinance version more closely resembling the original Planning and Environmental Commission recommendation. Earlier during the GFRA discussion, a motion made by Moffet and seconded by Logan, failed by a 3-3 vote. Slifer, Logan and Moffet voted for the motion with Donovan, Ruotolo and Cleveland dissenting. The motion would have altered Ordinace 14, in that below grade deductions could have been used on multiple levels. The thirteenth item on the agenda was the Second Reading of Ordinance 12, Series 2004, an ordinance amending Title 6, Chapter 3, of the Municipal Code of the Town of Vail; providing for certain housekeeping amendments to the Town of Vail Police Regulations; and setting forth details in regards thereto. After consultation with the Town Prosecutor, several housekeeping amendments were proposed to bring the Town's Police Regulations up to date and in further compliance with State Statute. Cleveland moved, Moffet seconded. Motion passed unanimously, 6-0. The fourteenth item on the agenda was the Second reading of Ordinance No. 15, Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. Moffet moved, Cleveland seconded. Motion passed unanimously, 6-0. The fifteenth item on the agenda was the Second reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail 4 Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel. Cleveland moved, Moffet seconded. Motion passed 5-1, with Slifer dissenting. The sixteenth item on the agenda was the Town Managers Report. - Dobson Arena Smoke Mitigation Update Town Manager, Stan Zemler explained that the scope of the smoke management system at the Dobson Ice Arena has changed, since Odell Architects made it known in April that potential project costs may exceed $500k. After this revelation, the Chief Building Official and Fire Marshal conducted code research and determined adding additional exits on the north side of the facility would allow for an increase in occupant load. Staff has since proceeded to obtain further code engineering and structural engineering analysis to determine the feasibility of a north exit door scenario. This change in the project will result in considerable savings. Roughly estimated project costs could be closer to $150,000, and there would be little lost ice time over the summer, during construction. Completion is expected by November 2004. Anew proposal has been submitted to the DRB and town staff is expecting approval. The new submittal will increase capacity to close to 3000 persons. The new design increases the center isles in the bleachers from 44" to 72", replaces sprinkler heads to reduce .the hazard of the wood roof, and recommends the installation of two pairs of three foot doors and stairs on the north outside wall. This project is currently unbudgeted. Once contractor pricing is obtained, staff will ask for the project to be added to the next supplemental appropriation. - Eagle County Capital Improvement Budget Dick Cleveland reported that new Eagle County capital project requests and matching funds requirements will impact past project prioritization efforts, specifically the proposed West Vail fire station. Cleveland said that Eagle County had received a grant for the installation of radar at the county-operated airport, which will impact previous recommendations for capital projects. The seventeenth item on the agenda was adjournment. At approximately 10:05 p.m. Moffet moved to adjourn the meeting with Ruotolo seconding. The motion passed unanimously, 6-0. .: ~: Vail Chamber & Business Association Proposal Vail Information Centers Date: July 30, 2004 241 S. Frontage Road Suite 2 Vail Colorado 81657 Phone: 970 477 0075 FAX: 970 477 0079 .~~, ~~ REVENUE TOWN OF VAIL $200,000 TOV $ IN RESERVE BEGINNING BALANCE JANUARY 1, 2004 64,000 MEMBERSHIP DUES 20,000 WEB SITE ADVERTISING TOTAL REVENUE $284,000 EXPENSES FIXTURES AND EQUIPMENT COMPUTER $2,000 COPIER & FAX 2,500 OFFICE EQUIPMENT 2,000 MISCELLANEOUS 1,000 INFORMATION SERVICES ADVERTISING 8,000 INTERNET/WEBSITE 4,000 ORGANIZATION DUES 750 NEWSLETTER 5,000 THE VAIL GUIDE 10,000 MISCELLANEOUS 1,500 OPERATING EXPENSES RENT 12,000 REMODEUMAINTENANCE 2,000 PHONE 10,000 POSTAGE 2,000 OFFICE SUPPLIES 5,000 TRAVEL & ENTERTAINMENT 2,500 INSURANCE 8,000 ACCOUNTING, LEGAL & AUDIT 15,000 MISCELLANEOUS 3,000 PERSONNEL SALARIES 85,000 PART TIME STAFF 29,000 P/R TAXES 16,500 HEALTH INSURANCE 4,500 WORKER'S COMPENSATION 2,000 SKI/PARKING PASS 200 MEMBER SERVICES TRAINING SPEAKERS 4,000 MONTHLY MEETINGS 4,500 COMMUNITY MIXER 2,000 COMMUNITY MEETINGS 4,000 ORGANIZATION SPONSORSHIP/ MEMBER BENEFITS 11,000 PREMIER IMPRESSIONS 10,000 MISCELLANEOUS 5,000 CONTINGENCY 10,000 TOTAL EXPENSES $283,950 TOTAL EXCESS REVENUE OVER EXPENSES uses CURRENT FISCAL YEAR BUDGET - 2004 '~ PART 2: PROPOSED BUSINESS PLAN OBJECTIVES The VCBA will: 1. Serve the Vail business community first in all aspects of meeting the guests' needs. 2. Act as a primary source of information for guests and businesses in the TOV. 3. Provide accurate and timely information relating to events and activities: 4. Distribute up to date information on lodging, retail and restaurant offerings. 5. Enhance the Vail business community by actively show casing them in the Visitors Centers and also at monthly meetings, via weekly communiques, on the website and kiosks. NEW SERVICES 1. Addition of a cash machine. 2. Addition of an 800 number for guests' inquiries. 3. Complimentary Internet access station. 4. Return of commissions etc. to Town of Vail (see functions #5). 5. Information kiosks, one in Vail Village and one in Lionshead. We are proposing that the TOV use funds marked VCBA contingency ($50,000) for the purchase of two information kiosks from Talon Exhibits and Displays, Inc. The proposal is attached showing both the design and cost. We would suggest the placement in Vail Village on the north side of the Covered Bridge; in LionsHead, just west of the main bus terminal at the entrance to LH village. STRATEGY The VCBA will move its offices to the Visitors Center site in the Vail Transportation Center. This will accomplish several things. It will allow us to channel extra personnel when it is busy. It will provide on site supervision at all times. It will eliminate the duplication of services. FUNCTIONS 1. As a standard practice, The Vail Chamber & Business Association will provide accurate, up-to-date information relating to all current events and activities in the Town of Vail. This will be accomplished through exchanging information with Vail Resorts, Vail Local Marketing District, Commission on Special Events, Vail Valley Chamber & Tourism Bureau, the Vail Valley Foundation, Bravo- Colorado, and any other organization sponsoring events and activities in the Town of Vail. 2. Using materials already being produced, ie. Vail Guide, maps etc., we will provide visitors information regarding the physical layout of Vail and directions to the locations of places and activities with in the Town of Vail. 3. We will display and distribute information from all Town of Vail businesses upon request. The Visitors Centers will be established as a clearing house for such materials and for all Vail information. The Visitors Centers will provide out-of-town information ONLY if it is non-competing with a Vail business. This information will be displayed on lower information racks only. 4. The Visitors Centers will continue to book room reservations and restaurant reservations for its walk in guests. Lodging properties will provide the Visitors Centers with daily updates of rates and room availability. 5. The Vail Chamber & Business Association will return to the Town of Vail all commissions and income generating sales collected through the Visitors Centers' operations. This calculation will be made at year end and be reflected in the next years operating contract budget. 6. The Community Host Program will be continued through collaboration with Vail Resorts and TOV. 7. The Vail Chamber & Business Association will, on a daily basis, process the fulfillment of information requests to maximize impact on the potential customer. Any and all information pertaining to Vail as a whole will be included. 8. The Vail Chamber & Business Association will provide Visitor Center services to all Vail business license holders in an equal non discriminatory fashion. Discrimination of race, color, creed, sex, marital status, affect Tonal or sexual orientation, family responsibility, national origin ancestry, handicap, or religion will not be tolerated or accepted in the performance of serves under the proposed agreement. VCBA agrees to meet all the requirements of the Town of Vail, the State of Colorado and Federal Laws respecting discrimination. PART 3: PROPOSED COSTS Visitors Center 2004-OS Budget EXPENSES Salaries & Wages (schedule attached) $95,872 Supervisor - 20 hrs./ wk. 27,300 Training - 4ppl. ea summer/winter @ 40 hrs. ea. 4,480 Payroll Taxes 11,990 Ski or Parking Pass Allowance - 6 ppl. 4,500 Insurance Workers Compensation 1,250 Office Contents 1,470 Internet Service 1,080 Leased Equipment -copier 5,160 Telephone 14,400 Postage 8,750 Office Supplies 3,000 Dues & Subscriptions 500 Host Concierges -summer & winter 4,000 Travel & Meeting Expense 500 Total Expenses $184,252 CAPITAL EXPENDITURES Capital Expenditures will be a one-time expense. At the termination of the contract, they will be the property of the Town of Vail. 3 Computer Stations (software fully loaded) $4,800 Furniture 3,000 2-Drawer Lateral File Cabinet 550 Total Capital Expenditures $8,350 a- ' PART 4: APPENDICES REPORTING: The Vail Chamber & Business Association will directly report to the Town of Vail Town Manager's Department. VCBA will act an independent contractor and nothing shall constitute or designate the VCBA or any of its employees as agents or employees of the Town of Vail. Furthermore the VCBA will adhere to the rules and guidelines set forth in the contract for information services. TERM: The Vail Chamber & Business Association will fulfill a two year agreement between itself and the Town of Vail effective October 1, 2004 and shall terminate September 30, 2006. We reserve the right to submit a Request for Proposal upon review for the next Visitors Centers' contract. PERSONNEL: The general administration of the Visitors Centers' activities and services will be the sole responsibility of the Vail Chamber & Business Association and its employees. Recruitment, hiring, training, coaching and terminating personnel will be the responsibility of VCBA and will adhere to Equal Employment.Opportunity principles. We will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Such action shall include, recruitment or recruitment advertising; layoff or termination; rates of pay or other forma of compensation; and selection for training, including apprenticeship. CONTROL OF FUNDS: The Vail Chamber & Business Association will keep true, accurate and complete accounting records of all business and financial transactions relating to the duties performed for information services. The VCBA will make such records available to the town upon reasonable request without delay and without expense. INSURANCE: The Vail Chamber & Business Association will provide for the term of the Visitors Centers' contract whatever insurance requirements are set forth in the operating agreement. .. 241 S. Frontage Road E., Suite 2 Vail, Colorado 81657 Phone: 970.477.0075 FAX: 970.477.0079 E-mail: info@vailchamber.org VAIL INFORMATION CENTERS/2004-05 STAFFING HOURS OF $ @ avg. MONTH OPERATION # HOURS STAFFING $14/hr October 04 9 - 5 310 1 person ea. Booth: VV open 9 - 2, LH open 12 - 5 $ 4,340 November 9 - 5 342 1 person ea. Booth 4,788 Nov. 1-23 - VV open 9 - 2, LH open 12 - 5 1 person ea. Booth Nov. 24-30 - VV open 9 - 5, LH open 9 - 5 December 9 - 5 624 I person ea. Booth 8,736 Dec. 1-23 - VV open 9 - 5, LH open 9 - 5 9 - 5 2 ppl. ea. Booth Dec. 24-31 - VV open 9 - 5, LH open 9 - 5 January 05 9 - 5 496 1 person ea. Center 6,944 February 9 - 5 576 1 person ea. Center, 2 ppl. on Sat. & Sun. 8,064 March 9 - 6 700 1 person ea. Center, 2 ppl. on Sat. & Sun. 9,800 April 9 - 5 402 1 person ea. Center 5,628 April 1-17 1 person ea. Center April 18-30 - VV open 9 - 2, LH open 12 - 5 May 9 - 5 310 1 person ea. Center - VV open 9 - 2, LH open 12 - 5 4340 June 9 - 5 336 1 person ea. Center 4,704 June 1-24 - VV open 9 - 2, LH open 12 - 5 2 pp.ea. Center June 25-30 - VV open 9 - 5, LH open 9 - 5 July 8 - 7 992 2 pp.ea. Center -shifts for ea. 8 - 4, 11 - 7 13,888 August 8 - 7 992 2 ppl. ea Center -shifts for ea. 8 - 4, 11 - 7 13,888 September 8 - 7 & 9 - 5 768 2 ppl. ea. Center -shifts 8 - 4, 11 - 7 10,752 Sept. 1-18 1 person ea. Center - 9 - 5 Sept. 19-30 Vail Chamber & Business Association Total Hours/Staffing$ 6,848 $95,872 Payroll Taxes 10,598 Total $106,470 -~~P ~ ~ z ~~ lea N ti~. ~'' ~"" ~y~~~ ~ ~~ h~~ ~-- ~~} / ~~~~ -L 8 y "~ N Vision -Goals Town of Vail Conference Center Stakeholder Meeting Comments Question /Comment 1 Is it possible to update the VI facade to coincide with the Conference Center facade? 2 Preservation of VI development opportunities 3 Preservation of adjacent properties good views, sounds, etc 4 Minimalize impact of construction 5 Maintain rental capabilities of adjacent properties during construction 6 Review height limits of adjacent properties and coordinate with design 7 Minimize ambiguity in planning process for adjacent properties 8 Create a flagship building 9 Should be referred to as a "Civic" center rather than a "Conference" center 10 The architectural character needs to work with the future development of the adjacent properties 11 "Tract E"foliage needs to be maintained 12 Timing of construction is very important to adjacent properties 13 Bring people to town Year round economic engine (Focus on shoulder seasons) 14 -Focus on this as a conference center-try not to solve everybody's issues or it could fail under the weight of public input 15 Don't let services and proposed retail impede the goal of the conference facility 16 Maximize international appeal 17 Allow for day lighting with ability to minimize outdoor distractions (window coverings) 18 Connection to Dobson is beneficial t 19 Facility needs to be expandable in the future 20 Ensure "stand alone" capability TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Pale 1 Of 10 p:\current projects\...\Copy of Public Comment Notes 18 AUG 04 updated 9-02-041 18 AUG 04 Brought Up By ` ~ t- ~ N U N ~ ~ U U O ~ 7 p - ~ ~ N .~ O 2 X X X X X X X X X X X X X X X X X X X X X ©2004 All Rights Reserved By Architectural Resource Consultants, Inc. Vision -Goals Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments 21 Skate park shall remain, but needs to be refurbished X 22 Accessibility for lower altitude visitors X 23 Performing arts center onsite? X . 24 Future expansion of conference center? X X 25 Community feel X 26 Energy efficient sustainable design X 27 Environmentally conscious X 28 Economic driver -get people into local businesses X 29 Connect Dobson to conference center X X 30 Info booth stays visible X 31 Charter bus unload at existing structure X 32 Maintain oversized vehicle parking X 33 Work with VPD on a design to minimize crimes of opportunity X 34 Emergency shelter capabilities X 35 Sustainable design (LEEDS, .Energy Star; Built Green) X 36 Is building right for location? Is area too small? X 37 Ford Park location for new parking facility? X TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 2 Of ~ o ~ ©2004 All Rights Reserved By' p:\current projects\...\Copy of Public Comment Notes 18 AUG 04 updated 9-02-041 Architectural Resource Consultants, Inc. Function Town of Vail Conference Center Stakeholder Meeting Comments Question /Comment 1 VI to share plans for new development with FB 2 FB to provide sections through adjacent properties to identify development rights 3 ToV /Adjacent properties to collaborate in development and definition of view corridors 4 Allow for inclusion of an art gallery 5 Facility should be free for community use if a conference is not being held 6 Is there a need for the connection to Dobson? Will the buildings be compatible? 7 Use simple rectangular room shapes 8 Include back of house service to all spaces 9 Also access to exhibit spaces from the loading dock for large (20' plus) items 10 Include redundant elevators 11 Allow for parking /access for local exhibitors 12 Allow for access of large sets 13 Ensure sufficient power is included 14 Work to include a connection to the outdoors or an outdoor space 15 Works internally and externally 16 Work .with transportation, decorators and AV technicians 17 Possibly host performances in ballroom 18 Acoustic considerations (both interior and in consideration of adjacent properties) 19 Flexibility within rooms to work with a variety of AV equipment 20 Emergency generator 21 Account for loading and delivery needs TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 3 Of 1 ~ p:\current projects\...\Copy of Public Comment Notes 18 AUG 04 updated 9-02-041 18 AUG 04 Brought Up By ~ i U ~ ~ ~ .U U ~ ~ ~ ~ ~ ~ Qa0 a~~ ~a- .~ O ~~ X X X X X X X X X X X X X X X X X X X ©2004 All Rights Reserved By Architectural Resource Consultants, Inc. Function Town of Vaii ~ 18 AUG 04 Conference Center Stakeholder Meeting Comments 22 Focus on Conference Center as primary function X 23 Coordinate pedestrian access with signage and landscaping X 24 Allow for flexibility to accommodate chamber music/ballet/etc. X TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... ~ Page 4 Of 1 ~- ©2004 All Rights Reserved By p:\current projects\...1Copy of Public Comment Notes 18 AUG 04 updated 9-02-041 ~ Architectural Resource Consultants, Inc. Image Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments Brought Up By Question /Comment ~ ~ ~ ~ _~ Y ~ ~ .~ O ~ p 3 ~ O ~ 7 1 Loading area will need visual screening X 2 Image of existing retail at the parking structure needs to be addressed X Create a functional and beautiful facility that doesn't become dated any X 3 time soon 4 Important roof image from the mountain (5th elevation) X ' 5 Needs to be an iconic structure X 6 Need design freedom from Lionshead Design Guidelines X 7 No "backdoor" image X 8 Use art on interior, similar to McCormick Place X 9 A facility we can be proud of X 10 Image needs to work with Lionshead architecture X 11 Need a "good looking" building X TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 5 Of 1 O B 2004 All Rights Reserved By p:\current projects\...\Copy of Public Comment Notes 18 AUG 04 updated 9-02-041 Architectural Resource Consultants, Inc. Transportation Town of Vail Conference Center Stakeholder Meeting Comments Question /Comment 1 Maintain vehicular access to VI -drive under possible connection to Dobson 2 Need to maintain large bus access to VI 3 Possible access to VI from the East -will need to coordinate with VI & the Evergreen 4 Need to maintain access to all adjacent properties during construction 5 Need to maintain & not lengthen pedestrian walk to lifts from VI 6 Look into separating pedestrian access along meadow drive from the adjacent residential properties 7 Consider vehicular access to conference center through parking structure 8 Recommend loading from the frontage road 9 Minimize or delete public transportation on East Lionshead Circle 10 Needs to be easily accessible for all forms of transportation 11 Needs to accommodate traffic from a larger area than Vail and the local surroundings Needs close coordination with shuttle busses/local public 12 transportation to and from hotels Delineate a conference center drop-off. Separate general public using 13 transit to Lionshead from conference center 14 Don't let the transportation portion overtake the conference center 15 Accommodate plans for future transportation possibilities (monorail?) 16 Drop off for VRD, Dobson and Library 17 Formal skier drop off 18 Considerations of loading and off loading r 19 Look into possible revisions in frontage road configuration 20 Opposition to traffic lights 21 Consider an exit from the west side of parking structure TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page B Of ~ ~ p:\current projectsl...\Gopy of Public Comment Notes 18 AUG 04 updated 9-02-041 18 AUG 04 .~ O 2 Brought Up By ~ ~ ~ L ~ U ~ ~ ~ U U ~ f0 ~- C -Y :.... j ` - N ~ 7 Q a ~ 0 d ~-. ~ ~ d > ~ . X X X X X X X X X X. X X X X X X X X X X X X ©2004 All Rights Reserved By Architectural Resource Consultants, Inc. Transportation Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments 22 Coordination with RV parking, charter day parking X 23 Carefully review of vehicular/pedestrian interaction at SW corner of X structure 24 Identify public meeting points X 25 Traffic and safety issues on Frontage Rd. X 26 Location of bus stops X 27 Ensure adequate exterior lighting between Dobson and the garage X 28 Terminate in-town shuttle at south-west corner of LH structure X . 29 Consider Using the area N. or the parking structure for transit functions X 30 Consider stacking lanes on frontage road to increase traffic flow X 31 Out of town buses prefer to have the transit center along the frontage X road TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 7 Of 10 ©2004 All Rights Reserved By p:\current projects\...\Copy of Public Comment Notes 18 AUG 04 updated 9-02-041 ~ ~ Architectural Resource Consultants, Inc. Parking Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments Brought Up By Question /Comment ~ U ~ ~ .~ Y ~ ~ .~ ~~, ~a~ 0 3 Qa~ ~o= a~~ ~~ ~ a ~ 1 Consider parking beneath new structure X 2 Conference facility should have its own parking and not rely on the X adjacent structure 3 Parking should allow for 2 semi trucks (trash & food) at the same time X 4 Parking for satellite trucks needs to be available with power supplied X 5 An underground entrance to the building is preferred X 6 New deck on Lionshead Parking Structure X 7 Need to review exiting from parking structure X 8 Deal with current transaction time delays X 9 Ramping too steep in structure X 10 Staggered layout of current parking garage levels wastes space X 11 Poor parking structure signage X 12 Garage elevators X 13 ADA accessible X 14 Fire suppression and ventilation X 15 Restrooms X 16 Existing parking structure is not worth saving X 17 Redevelopment and elimination of void in parking structure X 18 Remove, and redo the S. half of parking structure if developing X residential/retail units on south face 19 Remove and redo the N. half of parking structure if adjustment to X Frontage Rd. 20 Account for relocation of gates X 21 Snow removal at parking structure X 22 Account for trash removal for building and garage (front load & roll off X compactor) 23 Consider allowing adjacent properties to purchase parking at the X Lionshead structure TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page $ Of 1 O ~ ©2004 AII.Rights Reserved By p:\current projects\...\Copy of Public Comment Notes 18 AUG 04 updated 9-02-041 Architectural Resource Consultants, Inc. Services Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments Brought Up By Question /Comment. ~, = ~ Q c O Q_~~. n. QU fi 1 No services visible from the East (don't ruin VI's views) X 2 Don't preclude development of adjacent properties with Utility Routing X 3 Adjacent property owners expressed concerns with adding retail to the X parking structure 4 Business center /copy shop X 5 ~ Coffee shop X 6 Support oriented retail X 7 Convenience store X 8 Concierge X 9 Information Center X 10 Internet Cafe X 11 Need to include plenty of technology and allow for adaptability and X future expansion 12 Allow for satellite uplink X 13 Need easy access to the loading dock with direct access to large X X spaces 14 Local controls are needed for technology in each room X 15 Keep Youth Services close to current location X 16 Retail space X 17 Part time public art curator X 18 Enclosed walkways to LH Village X 19 Outdoor soft scape access ~\ X 20 State of the Art A/V X 21 Air Conditioning X Utilities Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments Brought Up By Question /Comment ~ ~ ~ ~ ~ ~ ~ ~ '~ ~ ~ U Q ~ ~ . Y ~ L !_' _ ~ .~ +-' 2 O ?i Q d ~ 7 >O a>~ ~ 7 ~~ 1 Existing electrical conflict with development on north and south sides o X parking structure 2 Need to locate secondary feeds X 3 Coordination with water and sewer line replacement X 4 Storm sewer line onsite X 5 ERWSD to make as builts X 6 Fireflow is ERWSD responsibility X 7 Changes to ERWSD systems need to go through a review X 8 Easement widths to be reviewed and considered X 9 ERWSD will charge Increased engineering design fees for services beneath streetscape X 10 Additional ERWSD fee may assessed for upzoning X 11 Can buy tap in December from ERWSD X 12 If upsizing of lines is necessary, upsizing shall continue until connection to the next main X 13 Coordinate with Vail Police for interior security systems X 14 No indoor transformers - X MEMORANDUM TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: September 7, 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 and provide comments on the public input received to date from public scoping meetings on the conference center. • Approve the issuance of a Request For Qualifications (RFQ) of the conference center for a general contractor. • Provide Council with a brief update on recent discussions by the Committee related to the operations and marketing of the conference facility. • Again review next steps with the Vail Town Council. 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 an 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. 1 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 6th, 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 unanimously approved the following: • A contract for design services with Fentress Bradburn. • Approval of next steps for master planning the Lionshead Parking Structure/conference center site. 3. DESCRIPTION OF REQUESTS A. Comments from Scoping Meetings On August 18th and September 2"d scoping meetings occurred with the general public and specific stakeholder groups. A similar format was used for each meeting that included an update on the conference center design process and a discussion on issues the design team should consider in the design process. Attachment 1 summarizes the input from these discussions. 2 B. RFQ for a General Contractor A critical riext step this Autumn will be to obtain a guaranteed maximum price on the development cost for the conference center. To obtain a guaranteed maximum price, a general contractor must be retained for the project: Staff would propose starting the selection process with a request for qualifications and then requesting the finalists to submit proposals. Attached is a copy of the draft request for qualification for a general contractor. C. Operation of the Facility The Committee is beginning to discuss options for marketing and operating the facility. Staff and ARC are preparing a summary of various options for operating a conference facility based on comparable conference center examples. The point of departure for this discussion will be the HVS study which provided an operating budget and broad parameters for operating and marketing the facility. It has also been expressed that the Vail Valley Tourism and Convention Bureau will submit a proposal for marketing the facility and potentially provide a joint venture approach for operating the facility. It is anticipated that other businesses in the Vail Valley may also present proposals for the facility in the future. It was agreed that any member who submits a proposal in the future for any aspect of the conference center should resign from the committee to avoid any appearance of a conflict of interest as the Committee develops a recommendation for the Vail Town Council for operating and marketing the facility. The Committee will also evaluate the idea of convening a subcommittee of conference planners and operators to provide input to the design team in anticipation of issuing an RFP for conference center operation and marketing latter in the fall. This topic will be discussed in more detail at the next Committee meeting on September Stn at 3:00. D. Next Steps The Town Council approved the following next steps on August 17tH: • September 2, 2004 -Follow-up meetings with stakeholders, public (confirmation of initial issues, inclusion of additional thoughts) • September 7, 2004 -Presentation of identified issues to the Vail Town Council for review and comment • September 8, 2004 -Begin design charette process, develop three concept plans • September 8, 2004 -Committee meeting at 3:00 • September 21; 2004 -Council meeting with PEC, and DRB regarding alternative concepts • September 22, 2004: Public open house to review alternative concepts from 4:00 to 6:30 at the Vail Public Library. ~, • October 5th: Presentation to Council of the preliminary Master Plan for the Conference Center/Lionshead Parking Structure Site • October 6th Schematic Design of Conference Center begins Attachment A: Public Input Attachment B RFQ for a General Contractor F:\Users\cdev\COUNCIL\MEMOS\04\conference center090704.doc 4 Attachment A: summary of Public Input on Issues the Design Team should consider s Vision -Goals Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments Question /Comment 1 Is it possible to update the VI facade to coincide with the Conference Center fagade? 2 Preservation of VI development opportunities 3 Preservation of adjacent properties good views, sounds, etc 4 Minimalize impact of construction 5 Maintain rental capabilities of adjacent properties during construction 6 Review height limits of adjacent properties and coordinate with design 7 Minimize ambiguity in planning process for adjacent properties i 8 Create a flagship building 9 Should be referred to as a "Civic" center rather than a "Conference" center 10 The architectural character needs to work with the future development of the adjacent properties 11 "Tract E" foliage needs to be maintained 12 Timing of construction is very important to adjacent properties 13 Bring people to town Year round economic engine (Focus on shoulder seasons) 14 -Focus on this as a conference center-try not to solve everybody's issues or it could fail under the weight of public input 15 Don't let services and proposed retail impede the goal of the conference facility 16 Maximize international appeal Allow for day lighting with ability to minimize outdoor distractions 1 ~ (window coverings) 18 Connection to Dobson is beneficial 19 Facility needs to be expandable in the future 20 Ensure "stand alone" capability TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT.'. Page ~ Of 2 p:\current projects\...\Copy of Public Comment Notes 18 AUG 04, updated 9-01-04 .~ 0 Brought Up By . ~~ N Q. ~ co 0 3 Qa0 ~ o -_ ~~~ ~ ~ a c~ X X X X X X X X X X X X X X X X X X X X X © 2004 All Rights Reserved By Architectural Resource Consultants, Inc. r Vision -Goals Town of Vail 18 AUG 04 Conference Center Stakeholder Meeting Comments 21 Skate park shall remain, but needs to be refurbished X 22 Accessibility for lower altitude visitors X 23 Performing arts center onsite? X 24 Future expansion of conference center? X X 25 Community feel X 26 Energy efficient sustainable design X 27 Environmentally conscious X 28 Economic driver -get people into .local businesses X 29 Connect Dobson to conference center X X 30 Info booth stays visible X 31 Charter bus unload at existing structure X 32 Maintain oversized vehicle parking X 33 Work with VPD on a design to minimize crimes of opportunity X 34 Emergency shelter capabilities X 35 Sustainable design (LEEDS, Energy Star, Built Green) X 36 Is building right for location? Is area too small? )( 37 Ford Park location for new parking facility? X TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 2 Of 2 ©2004 All Rights Reserved By p:\current projects\...1Copy of Public Comment Notes 18 AUG 04, updated 9-01-04 ~ Architectural Resource Consultants, Inc. Attachment B: RFQ for a General Contractor ~; Architectural Resource Consultants, Inc. P.O. Box 3133 ^ Vail, CO 81658 ^ (970) 949-5100 ^ Fax (970) 949-5599 To Whom it May Concern: Your company is being considered as one of a number of firms to be the general contractor for the construction of a new conference center for the Town of Vail in Vail, CO. The selection process will consist of this Request for Qualifications, followed by Requests for Proposals, and culminating in Oral Interviews. The selection of the successful candidate shall be made on or before 07 DEC 04. For the purposes of responding to the informational requests below, assume the Town of Vail (ToV) conference center project will be a 100,000 square foot, $ 34.4 million conference center. The current schedule is to have site construction drawings ready 01 APR 05, building construction drawings ready 29 JUN 05, and initiate construction on 04 APR 05. To allow the Owner, Fentress Bradburn Architects and the Owner's Representative, Architectural Resource Consultants, Inc., to fully understand your firm's qualifications for this job, please carefully prepare a response to the items listed below. I. Overview of the Firm A. Please use AIA Document A305, General Contractor's Pre-Qualification Statement -1986 Edition, to respond as .follows: 1. Present all the information requested, following the instructions provided. 2. Under Article 4, Section 4.3, please also include the aggregate bonding capacity for your firm by quarter from June of 1996 to the present. - 3. Please provide a list of conference center projects your firm has completed. For each project listed, please provide the total contract amount for work performed by your firm, and contact information for the Owner and Architect. 4. Provide a similar project list outlining your firm's experience in mountain construction. B. In response to Section 5.1, please provide all the information requested, including the following: 1. An income statement for the current year to date, and full prior year. F:\projects\09 -ToV Conf Ctr\RFQ\General ConVactor\RFQ for GCs -Draft 2 - 25 AUG 04.doc Page 1 of 6 ©2004 All rights reserved by Architectural Resource Consultants, Inc. 2. This information should be prepared by an outside firm (preferably a CPA), and should adhere to Generally Accepted Accounting Practice (GAAP). 3. If your firm has multiple offices, please provide this information for both the offices. Also, which office is going to perform the bulk of the services for this project and why? II. Safety A. Provide the resume of person in charge of safety for your company. Identify the specific training that qualifies them for this position. What other tasks and duties in your company that are not safety related are assigned to this individual? Does this individual conduct onsite project safety inspections? How often? B. Provide your firm's Interstate Experience Modification Rate for Workmen's Compensation Insurance used by your insurance carrier for each of the last five years. I11. Construction Cost Estimating A. The construction cost estimating process used by the selected contractor is one of the essential elements of this project. In this context, please respond as follows: 1. Provide one example of a cost estimate prepared from schematic design information for a project similar in scope and use to this proposed facility. 2. Provide the current resumes of each member of the cost estimating team, their job description and current workload. Please also provide their dedication to this project in man-hours available per week from 07 DEC 04 through 01 APR 05. 1V. Scheduling A. The ability to predict, test and correct the appropriate project duration is another essential element of this project. In this context, please respond as follows: 1. What level of personnel commitment to scheduling does your firm provide during pre- construction? Here again, please be specific, indicating number of project-specific hours to be dedicated per week. Indicate whether these personnel hours will be provided on- site, in the home office, or a combination of both. 2. What level of personnel commitment to scheduling does your firm provide during construction? Here again, please be specific, indicating number of project-specific hours to be dedicated per week. Indicate whether these personnel hours will be provided on- site, in the home office, or a combination of both. Page 2 of 6 ©2004 All rights reserved by Architectural Resource Consultants, Inc. ,~ ~ . ,:,_,~ . . 3. Provide the current resumes of each member of the scheduling team, their job description and the hours shown above that will be their responsibility. 4. List the project scheduling software and hardware used by your team to prepare its schedules. How long has your firm used each of these software packages? What version is currently being used? V. Specific In-House Personnel Dedicated to this Project during Construction A. The success of this project's team will rest on the individuals assigned to the facility's completion. Good teams typically have strong leaders, together with highly qualified, dedicated support personnel. The ToV is very interested in the specific make-up of your proposed team, and their respective qualifications. Please provide the following information about the in-house employees your firm proposes for this project: 1. The presentation of the project manager's qualifications should include at least the following information: a) Current resume. b) List of both overall and new conference center projects completed by this individual, together with owner and design team contact person and phone number for each project shown. c) Narrative of key qualifications, including experience in mountain construction, that make this individual an ideal "fit" for this Owner and this job. d) Minimum number of hours per week this individual will be specifically dedicated to this project during the pre-construction process. e) Minimum number of hours per week this individual will be specifically dedicated to this project during the construction process. f) Other projects this individual is scheduled for participation in from 07 DEC 04 through 01 JUL 06 as a member of a construction team for your firm. g) Personal references for this individual in the community outside the construction industry. 2. The presentation of your in-house and field construction team, should include, but not be limited to, the project superintendent and other key personnel. Please include the following: a) Current resume. Page 3 of 6 ©2004 All rights reserved by Architectural Resource Consultants, Inc. a= -- . . b) Current job description. c) Minimum number of hours per week this individual will be specifically dedicated to this~project during the preconstruction process. d) Minimum number of hours per week this individual will be specifically dedicatetl to this project during the construction process. e) Other projects this individual is scheduled for participation in from 07 DEC 04 through 01 JUL 06 as a member of a construction team for your firm. VI. VIII. IX. Quality Control A. Please describe the steps that your firm uses to control quality during the construction phase of a project such as this, identifying one-time tasks, on-going tasks, points of the ToV's participation, milestones, etc. The methods used to insure delivery of a project meeting or exceeding the requirements of the Contract Documents and ToV's needs should be emphasized. B. Please describe the methods used by your firm to minimize conflicts in the final construction documents and reduce change orders. Provide a spreadsheet showing the amount of non-owner initiated change orders as a lump sum and percentage of total project construction cost for projects completed by your firm, both on aproject-by-project basis, as well as an overall historical percentage. Provide names and contact people for verification of the information provided. A section of this spreadsheet should be dedicated to conference centers. Marketplace Resources A. As we are all too aware, the subcontracting community in the mountains of Colorado is very busy and may not be as responsive as we all would like. With the goal of offsetting this challenge by selecting a contractor with well-developed contacts already in place, respond to the following: B. Please provide a complete list of vendors and subcontractors your firm uses as a resource(s) during the pre-construction process. C. Please note the intent is not to initiate a subcontractor pre-qualification process for this particular project, but rather determine the level of marketplace penetration currently achieved by your firm. Town of Vail's Standard Requirements Page 4 of 6 © 2004 All rights reserved by Architectural Resource Consultants, Inc. ,._ ~_ ,~ A. Limitations of Multiple-Fiscal Year Obligations: All financial obligations under this contract subsequent to the fiscal year in which it is signed is contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the Town of Vail. This contract shall not be deemed to create any multiple-fiscal year direct or indirect by Section 20(4)(b) of the State Constitution (Amendment One). B. Right to Reject any and All Proposals: The Town of Vail does not obligate itself to accept the lowest, or any other proposal, and reserves sole discretion to reject any or all proposals, to re-advertise, and to waive formalities or irregularities in the process or of any proposal. When considering proposals and determining whether the Contract will be awarded and, if so, to which vendor, the Town of Vail, in its sole discretion, deems to be appropriate. C. Insurance Requirements: The Bidder shall take out and maintain at the Bidder's own expense the following minimum limits of insurance: 1. Commercial General Liability: a) $1,000,000 combined single limit b) $1,000,000 aggregate 2. Automobile Liability: a) $1,000,000 combined single limit b) $1,000,000 per person and $1,000,000 per occurrence for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: a) Workers' Compensation limits as required by the State of Colorado b) Employer's liability limits of $100,000 per accident. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after 30 days prior written notice has been given to the Owner. 5. The bidder shall provide Certificates in ACCORD format and all renewal notices for each insurance policy required by this clause to the Owner in a timely and proactive manner. Failure of the Owner to receive such certificates and renewal notices shall grant the Owner the right to take remedial action as required to protect its interests. D. Hazardous Material: The Bidder agrees to indemnify and hold Owner and Architect harmless for any release or disposal of any kind of toxic wastes or hazardous material, or any violation of any law or regulation of the Environmental Protection Agency or Colorado Department of Health and Environment which is caused, in whole or in part by the contractor or any of the Bidder's subcontractors. Page 5 of 6 ©2004 All rights reserved by Architectural Resource Consultants, Inc. E. Assignment: The successful Bidder is prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the Town of Vail. F. Appropriation of Funds: Owner affirmatively represents that its governing body has duly appropriated such sums which are equal to or in excess of the contract amount, and that such contract amount may be .lawfully paid by Owner to Contractor subject to the terms and conditions of the contract documents. In the event that Owner approves a change order or other additional compensable work to be performed by Contractor, (other than that contemplated by the contract documents under any remedy-granting provision), Owner will issue a written assurance at the time of such approval that such additional compensation to be paid has also been duly appropriated by the Owner's governing body. I encourage you to direct any questions that you might have to Mr. Chris Squadra via FAX at 303- 443-1508 (with a cc: to Mr. Tim Brekel 970-949-5599) or by a-mail to chris(a~arcinc.to , (with a cc: to tim~arcinc.to) as a single point of contact will generate the most clarity of direction and least confusion of intent. Phone calls, or direct contact with the design team, their consultants, or the Owner's staff may disqualify the candidate, at the Owner's option. The committee will require eight (8) copies of your firm's response addressed and delivered by Hand to: Mr: Chris Squadra Architectural Resource Consultants, Inc. 4410 Arapahoe Ave. Suite 220 Boulder, CO 80303 Email or FAX submittals will not be accepted. Submittals are due no later than 4:OOpm, 24 SEP 04. Thank you for your time and interest in our exciting and unique project. Page 6 of 6 © 2004 All rights reserved by Architectural Resource Consultants, Inca .._ d .. ~' .~ ELECTION RESOLUTION FOR VAIL PARK AND RECREATION DISTRICT WHEREAS, the Board of Directors of the Vail Park and Recreation District ("District") has determined and hereby determines and declares that the interest of the District and the public interest and necessity require that the District increase its property tax levy, incur indebtedness, and collect, retain and spend all revenues generated from its existing general operating mill levy and any other revenue source, with regard to the provisions and restrictions set forth in Article X, Section 20 of the Colorado Constitution ("TABOR") and Section 29-1-301, C.R.S. to carry out the objects and purposes of the District; and WHEREAS, it is necessary to submit to the eligible electors of the District the questions of increasing its tax levy and receiving and spending all revenues received by the District from its existing general operating mill levy rate and any other source, and incurring such additional indebtedness, and the Board hereby determines that such questions should be presented to the District's eligible electors at the election to be held on November 2, 2004 ("Election"), in accordance with the provisions of the Special District Act ("Act"), the Uniform Election Code of 1992 ("Code"), and TABOR; and WHEREAS, the objects and purposes for which the indebtedness is proposed shall be to provide capital improvements to District facilities, including, but not limited to a new Golf/Nordic clubhouse, two bridge replacements, Nordic snow grooming equipment, and ADA accessibility requirements; the estimated cost of which shall not exceed the principal amount of the indebtedness, which is $6,000,000, none of which shall be defrayed out of any state or federal grant; and WHEREAS, the principal amount of the indebtedness shall not exceed $6,000,000, and the maximum net effective interest rate thereon shall not exceed 7.5% per annum. NOW, THEREFORE, be it resolved by the Board of Directors of the Vail Park and Recreation District in the County of Eagle, State of Colorado that: 1. At the Election there shall be submitted to the eligible electors of the District the questions as stated in the form of ballot title hereafter set forth. 2. The ballot title for the tax levy increase and revenue and spending authorization, and debt authorization shall be in substantially the form shown on Exhibit A attached hereto and incorporated herein by this reference. 3. If any part or provision of this Resolution is adjudged to be unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the Board's intention that the various provisions hereof are severable. 4. All acts, orders, and resolutions, or parts thereof, of the Board which are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict. 5. The provisions of this Resolution shall take effect immediately. ADOPTED AND APPROVED this 31 S` day of August, 2004. VAIL PARK AND RECREATION DISTRICT By ATTEST: By Secretary President 2 EXHIBIT A BALLOT ISSUE SA: SHALL VAIL PARK AND RECREATION DISTRICT TAXES BE INCREASED $915,953 ANNUALLY IN THE FIRST FULL FISCAL YEAR, OR BY SUCH AMOUNT AS MAY BE RAISED BY THE IMPOSITION OF AN ADDITIONAL AD VALOREM PROPERTY TAX RATE OF 1.713 MILLS, COMMENCING WITH THE COLLECTION YEAR BEGINNING JANUARY 1, 2005, AND CONTINUING THEREAFTER, FOR GENERAL OPERATING PURPOSES, INCLUDING: • DEVELOP AND FUND A CAPITAL IMPROVEMENT AND EQUIPMENT REPLACEMENT PROGRAM. • DEVELOP A POSITIVE CASH FLOW TO AVOID ANNUALLY ISSUING TAX ANTICIPATION NOTES AND LEASE PURCHASE OBLIGATIONS. • FUND THE INTERGOVERNMENTAL COMMITMENTS FOR GOLF COURSE, RED SANDSTONE GYMNASTICS CENTER, WATER CONSERVATION, AND IRRIGATION IMPROVEMENTS. • REDUCE DISTRICT'S DEPENDENCE ON WEATHER SENSITIVE REVENUE OPERATIONS, SUCH AS GOLF AND TENNIS, INSTEAD OF CUTTING PROGRAMMING. • FUND THE IMPLEMENTATION OF FEDERALLY MANDATED AMERICANS WITH DISABILITIES ACT REQUIREMENTS. • ALLOW ENTERPRISE FUND OPERATIONS TO RETAIN ITS REVENUES FOR REINVESTMENT IN THE ENTERPRISE OPERATION, AND OTHER OPERATIONS TO BE UPGRADED TO PRESERVE THE INVESTMENT TO DATE. RESULTING IN A TOTAL DISTRICT OPERATING MILL LEVY RATE NOT TO EXCEED 5.0 MILLS, EXCLUSIVE OF REFUNDS, ABATEMENTS, AND DEBT SERVICE; AND SHALL THE DISTRICT BE AUTHORIZED TO COLLECT, RETAIN AND SPEND ALL TAX REVENUE COLLECTED FROM SUCH TOTAL PROPERTY TAX RATE, AND ALL OTHER REVENUE RECEIVED FROM ANY SOURCE COMMENCING JANUARY 1, 2005, AND CONTINUING THEREAFTER, AS A VOTER-APPROVED REVENUE CHANGE, OFFSET AND EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW, AND AS A PERMANENT WAIVER OF THE 5.5% LIMITATION UNDER SECTION 29-1-301, C.R.S.? 3 BALLOT ISSUE SB: SHALL VAIL PARK AND RECREATION DISTRICT DEBT BE INCREASED $6,000,000, WITH A REPAYMENT COST OF $14,500,000 AND SHALL DISTRICT TAXES BE INCREASED $700,000 ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY TO PROVIDE FOR THE PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF; SUCH DEBT TO BE ISSUED FOR THE PURPOSE OF PROVIDING CAPITAL IMPROVEMENTS TO DISTRICT FACILITIES, INCLUDING BUT NOT LIMITED TO ACQUIRING, CONSTRUCTING, IMPROVING, OR EQUIPPING; • ANEW GOLF/NORDIC CLUBHOUSE, • TWO BRIDGE REPLACEMENTS, • NORDIC SNOW GROOMING EQUIPMENT, AND • ADA ACCESSIBILITY REQUIREMENTS, AND ALL OTHER NECESSARY, INCIDENTAL, APPURTENANT, AND CONVENIENT FACILITIES AND EQUIPMENT, LAND AND PROPERTY RIGHTS, TOGETHER WITH EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, WITHIN AND WITHOUT THE BOUNDARIES OF THE DISTRICT; AND SHALL THE MILL LEVY BE INCREASED IN ANY YEAR WITHOUT LIMITATION AS TO RATE OR AMOUNT, TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH DEBT (OR TO CREATE A RESERVE FUND FOR SUCH PAYMENT); SUCH DEBT TO BE EVIDENCED BY LOANS, BONDS, OR OTHER FORMS OF INDEBTEDNESS INCLUDING LOANS, BONDS, OR OTHER FORMS OF INDEBTEDNESS ISSUED TO REFUND SUCH DEBT AS MAY BE ISSUED IN THE DISCRETION OF THE BOARD OF DIRECTORS OF THE DISTRICT, BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 7.5%; SUCH DEBT TO BE SOLD IN ONE SERIES OR MORE AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT AND ON SUCH TERMS AND CONDITIONS AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE BOARD OF DIRECTORS OF THE DISTRICT MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF PREMIUM OF NOT MORE THAN THREE PERCENT; AND SHALL PROCEEDS OF SUCH DEBT AND THE REVENUES FROM SUCH TAXES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH DEBT PROCEEDS AND TAX REVENUES BE COLLECTED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? 4 Vail Recreation District Reasons in Support of a General Mill Lew Increase • Positive Cash Flow (avoid tax anticipation warrant) beginning 2006 fiscal year. • Develop a capital improvement program and fund • Develop an equipment replacement program and fund • Pay off interest-bearing equipment obligations (lease arrangements) • Fund annual IGA financial commitments (TOV -golf course, gymnastics center; ERWSD -water conservation & irrigation improvements) • Reduce or eliminate dependence on a single revenue operation (i.e. -golf) • Allow enterprise fund operation (i.e. -golf, Dobson Arena) revenues to be re- invested in the enterprise operation • Fund the implementation of federally mandated ADA improvements • Upgrade non-enterprise operations that have been neglected over the years • Implement a comprehensive personnel policy program. • Declines in assessed valuation in Vail resulted in $108,000 in fewer tax receipts to the District in 2004 DOBSON-Winter Monda Tues Wed Thur Fri Sat Sun Total y 6:00-7:30am //~ SCV 630-8'00 SCV 630~~.00 SCV 6'.30-8:00 '~-. r .- a.... - ~, ` 255 218 218 218 140 -' / , ~ ~~ 7:45~:OOam Scv 7:15-a 15 = = , - . _. - - . - _--- .. ' j - ~~~ ~ -- 145 80 80 80 " 255 255 r,=~sc a oo-G ~~- 9:15-10:30 am 80 VJH-3 hr VJH-3 hr ~~r,i ~ __ ~ , _ ~_'w._ ~ 1~' ~~ __ 435 435 10:45-12:OOpm <:orytime-t0-t2 Srory[ime-lo-i_ VJH-cost VJH-cost ~~ 12:15-1:30pm o~-~~, ~~~-'~:. ~r._c-n, ~nt'ar, Public Strata SCV 120 120 100 ~ 181 1:45-2:45pm Public Skate Public Skate Public Skate Pcbiic Skate Public Skate Public Skat~ Public Skate 50 50 50 50 50 50 ~ 50 3:00~:OOpm r-r ,r _ i -., ,.~. _ ~ ~- ~ ,.- , = e,-F ~• ~;.,,~r„ c,_,~, ~, a~.;,i ; 80 255 80 160 160 ~ F 4:15~:15pm 'r =-' -. VJH-430.5:30 SCV-800-6.30 VJH-5.15-6.15 SCV p~,r n li t r; n'r,r : '.. 80 145 218 145 290 160 160 VJH-5-.30:30 s ~ ~ 6:30-S:OOpm VJH 145 VJH .VJH BMHS game BMHS game ._ _. ~. _. 218 VJH-s 45-8 00 218 218 121 255 8:15-9:45pm VJH VJH VJH VJH BMHS cont BMHS cont - 218 218 21E 21 $/ 255 10:00-11:30pm _ ( `~;-`~ Avail? Avail? 255 ` 255 255 255 TOTAL per week 1236 1413 1512 1304 681 1393 1729 9268 Total per month 37072 24 weeks-Oct-march 29664 33912 36288 31296 16344 33432 41496 222432 Assumptions 24 weeks of usage Oct-Mar BMHS $ based on 10 games Youth 58°~ VRD 2-1% r • • • • • • • • • • • • • • ~• _~ • • • • . VAg inc ~hi~ aad plaanl~e Vail Golf & Nordic ClubhousE for the VAIL RECREATION DISTRICT cmnno~o n ice : vaa co Conceptual Dasien : Aurust 24, 2004 4004 V A q Inc archllecte a pamero • • A • • C • arrchitwts and plaanbrs 1 IMN TML(,U r ~~r y j4 ~ ~ t 7 t 3 t_ ± Oft- ua 1 q ti k 4 T-7 • _ Y ,1- ~lr _°4..'.4- r~-.'L`°° ~ ~ ~ ~ ~ ~ .Y 1~°~~ ~ ~u~rrel~ ~:r yt ~ J 3 Zi 't`S ,gam=-i a:.; : °"`.~m" "T?''°'.7 .x , - I - - -'1 _ # _ ie~ A 41 • J t 3:, t-'Y~i, 1. k..U. • f fi3"~l''' t ..Y.t ~ ~5:_y k'~.e ~i r J - ~ r`.I I a! - Y t - a ~l { 1 ~ . •N All JU 'V - "E,~, #.n + i ~ ~ _ ~ A ~ - yr, 1t rF i e v11-pte 6 C Vm* I Golf & Nordic C u ouse • • a for the VAIN R._lv_,CREATION DISTRICT ) • J Conceptual IP4ntry Eluyatinn ; August 24y 2004 2004 Y 4 o Inc ArcFltectn 1 rlnnncn - - - - • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ~'. ^'~ ~~, ~+ -li'~ J `~ ~I ~ .7 ~ t.J ~tL1J for i VAg 1t1C architects and planners `. ~"~`~~ ~ ' ~ `~ = Y„ '` ~' .~ . ~~ ~ ti ~ ~i ~ -` k -f` - ~ *~ s f "f ~ mitt _;`_~ Y#it ~_._ _ ~ ti_'"'Ol x~'! _~ x __~ ti - .: 1: ~ol~'~& Nor c ClubhousE Conc,~ptual Sits Plan ; August 24, 20Q4 © 1004 y Q o Inc arChitecle a plannere the VAII. RECREATION DISTRICT ~~ • ~~ .A~ ~~ ~ P~~ Nccrration :lrcas A Luckcr f asilily i rn 940 sl +l_ f 1R z ?S 1 = I fAIU sl :'toilets 1'A~ Inc. , ? Shmecrs Architects & Planners Slcnm Room II10 haltor>li full lockers Colf Club for the Vail Recr eation District All IIIII11SI fal11'e AYeaS I' r o g r a m ,A n a f p s i s n ndu,inislmdvc Ofhccs I rn r4 sf +I- 1 3~ 31 = h4 st IIICIIdllle fIC ~IOI:1L'c Part l C o I f 1 N o r d i c F a c i l i t y A' cubicle arra I ~~] 11U sf +i• t I? s li ]- ISO st fail, Colorado IS fmploycc Lockerfi lbilt't Area 2 iu IUU st +/- ( I[I x ID ] _ ?110 sl' • (.' I?nq,lu~~cc Loungrr Hrcak kunm I (iq 11111 s1 +i- ( III ~ 111) 1110 sl' I. 51'f@' r111'IE\'I'IIES Sel'1'll'f A 1'CNS A .101111()1' ~IOiet I ((II 1(~ Sf +/- ( 4 ~ Q) = Ifi ti( A Grtnul I~I111.v' 'I'.li.p' ' ~ ' 13 LeUll(Irr I iil;' 101) ,I 'kt- f 10 s 111) = 100 sl' p Porte Cochcn• 113ag Drop f.tJ.D' ' ' C Scn~icc Llcralnr A (quip. Rm. ), I (r 100 sf .I,~- ( I U x 10) = IOU sf ( Valc9larkingArc;l .Ii,D. I I) Purnilurc Slo»Igc _ I (iri 't01_I gl +i- ( i X ?II) - 3111) 51 D Pafklllg T.t~.D. ' ' I: GVI[Ci1nSI0ri1gC(12 spaccsl I /l, 4,121 ~t 'f'1• f ii \ ~,l J = 4,I~i ~I E Deckslf',uio5 I .ti.t)' ' ' F Earl 11'ash Area I (d; 1211 s'f I!- 1 III x 12 1 - 12U sf P Pirepit11313QlIVct IJar I .11.D_ ' ' Q Can 119aintcuancc Aral I fru I?0 st +i- I 10 s I = I? I?fl sl G [3ri(Igesllilol paths T.ILD. ' FI Sloroge (hcecrngc c;u15, ice nrlch., etc.) I (; 30 sf +!- I S s 10 1 _ Stl ,I I Un` Storage (bcrcragcs. clc.l I G,I,~ 8U sf +i- I 8 s I0) = 10 sl' ' ' ' ' J Liquor Storage I ~; 30 sf +~1- I ~' a I Il) = 30 sl' II, flIV C 1 ICh\Al:.til'ACIiS U ll', SQ UARL: Irflt)'I) N;1; 'I'l)"fAl' K "IYashkoomJkcairinu I hit ISOsf +i-I IOx IS] - ISOsf I. 141a'hanicaVliVAC Room I n. 300 si' .I!- I IS z ?U) = 1110 sl' Publie Arr :ls ' A9 Flutrical Room I ~1, 64 sf +1- I 3 .~' 3 ] - h4 sl' A furry I-obbq n`i Reeeplinni Concierge I rr, 150 st -3~1. I 10 s I i) = 140 si ' ' N Polio 13oilcr Rnom I di Ii0 :1 +r• I 10 .~' I i) = ISO sl N Cnat Closet I a ill s'I +l- j > x Ili ] = i0 sf C Public 13athronms ? u 144 st +!- I I? x I? I = 235 sf total prngrammrd square footage - Gulf t \'ord ic Facil iH• = 13,4Afi s( Isis colt cutc'uLn'noN: ? ~~? ,r ttesulnran t r1rM'9 ~ ~ cNOS~ ro rnh rl~tsuh:u spnc~ - Gol.r r ~~oeDlc rACl~rr~~: lisu9 ,r A Dining Room I~Uppl.l~t I$!sl I u, 1,11111 st ~1.1- 1 22 x 511) = 111311 s( I3 l3ar I (ir), ?110 sl' ~I~1• [ 10 x 20 1 = 2(IU sl' C: Cnaklail Lounge I ~~ 300 .f +!- j li x 21i j = 3(111 sl' ' ' ' ' D Card Ronm l Prieatc Dining I n i110 sl' ~ri- f ?0 s 2i I = 1011 ri' $Uli I I AL MUI'I'f-,IZ Lh.111i1. 0 ' f F:itchcnl PreplSurec/R'ash I (a'{ 1i25 sl' +,'- ( 2S s 25 j = 62.i si' 7:2 _ I ' I,OR3 IS% f Kitchen Smrlgc I u), IUO sl +l- ( IU x III) = IUU sl' R IOd Culfh\urd ic Arctic A Slurp Retail l kcnml I n Si0 sf ~I~l- I .q ~ 2i) = 3>Il sf D Pro Adminsu;nivc0(ticcs I n) 64 sl' ~rl- I R z 8 ] = fi4 sf ' " SIIB t01 ,41- 13=LU4YGR LG1'IiL C Golf -13ug ~ $hoc $u,r:lge (C Rcp;lir I n 300 st +l- i I S z 211) = 300 sf D Nordic - Ski K 13om Storage ti Ski'1'uning I a 311D sf +1- I I i s 2U 1 = 300 sf 6 ~Gi f: Nordic -13not ln~-on l Changing room Ito 30(1 sf ~~1- I I i s 20 ] - 3D0 sl 9411 I i %~ P In(loor Gol I'Tcaching Rooms (2 Swlions) I n 15U sl' +~. I 10 z I ~ I ° ISO sl' 7,2115 Vail Golf & Nordic ClubhousE for the VAII., RECREATION DISTRICT Pro ~m Analysis ; Au~u~t 24~ 20g4 V zrorcw v A g inc armiswu . planners VAIL GOLF CLUBHOUSE - Program Analysis `~ ~ ,, 4 LL 23•Feb-04 I ~ ` r Description quare Footage os per SF Cost I. FUNCTIONAL SPACES Pu61ic Areas A Ent Lobb wfRece lion/Concier a 15D sf 440 $ 66,000 B Coat Closet 5D sf 350 $ 17,500 C Public Bathrooms 288 sf 475 $ 136,800 D Circulation -Public 1,200 sf 325 $ 390,000 E Circulation -Private 1,000 sf 325 $ 325,000 Subtotal 2,688 sf 935,300 Restaurant Areas A Dinin Room 110 I. 18si 1,800 sf 475 $ 855,000 B Bar 200 sf 600 $ 120,000 C Cocktail Loun a 300 sf 550 $ 165,OD0 D Card RoomlPrivate Dining 500 sf 500 $ 250,000 E Kitchen/Pre IServelWash 625 sf 275 $ 171,875 F Kitchen Stora a 100 sf 250 $ 25,000 G Kitchen E ui ment - re-use some existin $ 55,000 Subtotal 3,525 $ 1,641,875 Golf/Nordic Areas A Shop RetaillRental 850 sf 333 $ 283,050 B Pro Administrative Offices 64 sf 248 $ 15,872 C Nordic -Ski & Boat Stora e & Ski Tunin 300 sf 250 $ 75,000 D Nordic - Boot t -on & Chan in Room 300 sf 250 $ 75,000 E Indoor Goli Teachin Roams 2 Stations 150 sf 240 $ 36,000 Subtotal 1,664 sf $ 484,922 Recreation Areas A Locker Facilil 1,400 sf 300 $ 420,000 Administrative Areas A Administrative Offices 64 sf 224 $ 14,336 Includin File storage & cubicle area 180 sf 223 $ 40,140 B Em to ee Locker 8 Toilet Area 200 sf 245 $ 49,OOD C Emplo ee Loun elBreak Room 1D0 sf 189 $ 18,900 Subtotal 544 sf $ 122,376 VAIL GOLF CLUBHOUSE ~~: Program Analysis j;~- 23•Feb-04 ~ ' `' quare os per Description Footage SF Cost Service Areas A Janitor Closet 16 sf 125 $ 2,000 B Laund 100 sf 225 $ 22,500 C Service Elevator & E uipment Room 100 sf 125 $ 12,500 D Furniture Stora a 300 sf 125 $ 37,SD0 E GoliCartStora a 4,125 sf 135 $ 556,875 F Carl Wash Area 120 sf 125 $ 15,000 G Carl Maintenance Area 120 sf 125 $ 15,000 H Golf - Ba & Shoe Stora e & Re air 300 sf 125 $ 37,500 I Storage bevera a carts, ice machine, efc. 80 sf 125 $ 10,000 J D Stora a bevera es, etc. 80 sf 125 $ 10,OD0 K Liquor Stora a 80 sf 125 $ 10,000 L Trash RoomlReceivin 150 sf 125 $ 18,750 M MechancicallHVAC Room 300 sf 125 $ 37,5D0 N Electrical Room fi4 sf 125 $ 8,000 0 Patio Boiler Room 150 sf 125 $ 18,750 Subtotal 6,085 sf $ 811,875 II. SITE AMENITIES A Grand Entry $ 125,000 B Porte CocherefBag Drop $ 85,000 C Parkingllighting $ 175,000 D Decks/Patios $ 325,000 E FirepitlBBOlWet Bar $ 55,000 F Foot Paths-steps $ 25,000 G Water Feature $ 55,000 H Landscaping and irrigation $ 95,000 $ 940,000 III. MISC A Demolition of existing structures and parking lot $ 95,000 B Sewer and water tap fees C Soils and materials testing and Surveying $ 30,000 D Utilities $ 25,000 $ 150,000 Totals 15,906 sf $346.18 $ 5,506,348 Vail Golf & Nordic Clubhouse for the VAII, RECREATION DISTRICT Fre ' Bud eg t Analysis : Au~u~t 24, 2,04 U 1004 v A 9 Inc arcn¢ecte + plennero DRAFT Memorandum To: Town Council From: Stan Zemler Judy Camp Date: September 2, 2004 We are attaching the following information for the budget discussion on Tuesday: - Budget Calendar - Second Supplemental Appropriation of 2004 • Proposed Adjustments Worksheet (S-1 through S-2) • Capital Projects Fund (C-1 through C-3) • Real Estate Transfer Tax Fund (R-1 through R-2) • General Fund (G-1) • Conference Center Fund (CC-1) • Ordinance No. 21 Budget Calendar The calendar ~is updated to reflect completed items and to move three items from September 7 to September 21. The discussion on contributions has been moved to allow additional time for staff and Council review of the requests. The first drafts of the Capital Projects and Real Estate Transfer Tax Funds Five-Year Projections have been moved to allow for discussion of East Meadow Drive snowmelt and Real Estate Transfer Tax uses to occur before the drafts are presented. Second Supplemental Appropriation of 2004 This ordinance was approved on first reading on August 17, 2004 and there have been no chariges to the ordinance. Version 4 Changes Highlighted Town of Vail Proposed 2005 Budget Timetable Contributions Council criteria discussion Deadline for return of packets Commission on Special Events presentation to Council WCTB presentation to Council VCBA presentation to Council Council evaluation of requests and direction for 2005 budget Budget Guidelines Council discussion of budget timetable Council discussion of budget philosopies Budget Discussion w/ Department Heads Guidelines distributed to department heads Presentation of 2003 audit report to Council Compensation and benefits presentation Parking Task Force Meeting 2004/2005 parking program recommendation Budget Preparation Capital budget request for county funds submitted Staff prepares departmental budgets Council discussion of major revenue items Council review of first draft of 5-year capital projection Council review of first draft of 5-year RETT projection Council review of AIPP master plan/2 year plan Donovan Pavilion Mgmt Co budget presentation to council Council review of second draft of 5-year capital projection Council review of second draft of 5-year RETT projection Town Manager reviews departmental budgets Town Manager's budget complete Council. review of first. draft proposal _ __ _ . Council review of second draft proposal Budget Documentation and Reporting First reading of 2004 Supplemental Number Two Second reading of 2004 Supplemental Number Two First reading of 2005 budget ordinance Second reading of 2005 budget ordinance First reading of mil levy certification ordinance First reading of 2004 Supplemental Number Three Second reading of mil levy certification ordinance Second reading of 2004 Supplemental Number Three Mil levy certification deadline to Eagle County Budget book submission 05/18/04 07/30/04 08/17/04 08/17/04 08/17/04 ''09{21 /04 05/18/04 06/15/04 06/22/04 07/01 /04 08/03/04 R`D9/07/04 : 09/03/04 09/2;1./04 06/11 /04 07/19/04 to 08/03/04 09121 /04 t)9/21 J04 09/21 /04 09/21 /04 10/05/04 10i 05/04 08/18/04 to 09/24/04 10/05/04 _ _ 10!19/04 08/17/04 09/07/04 11 /02/04 11 /16/04 11 /16/04 11 /16/04 12/07/04 12/07/04 12/15/04 12/31 /04 Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete 08/13/04 Complete 09/03/04 Complete Proposed Supplemental Appropriations and Budget Adjustments #2 of 2004 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Version 1 Second Reading Capital Projects Fund Sales Tax Multi Purpose Recreational Facility ' Multi Purpose Recreational Facility Multi Purpose Recreational Facility Multi Purpose Recreational Facility ~ Multi Purpose Recreational Facility ~ Streetscape Salary Benefits Subtotal Capital Projects Fund RETT Projects Fund Real Estate Transfer Tax Recreation Amentites Fee RETT Fees Professional Fees Subtotal RETT Projects Fund General Fuud 2nd Home study Professional Fees Transfer to Capital Projects Fund Click It or Ticket It Police salaries Police Benefits Shared Costs Building Inspector Building Inspector Benefits Com Dev Com Dev Benefits Construction Inspector Construction Inspector Benefits Plan Check Fees Professional Fees Construction Permits 274,200 500,000 funding from general fund, fund balance 337,290 funding from Eagle River Water & Sanitation 215,000 funding from Eagle County School District 250,000 VRI funding 1,432,290 construction of Multi Purpose Recreational Facility 250,000 Village restrooms 5,053 Construction Inspector to help with increased activity 1,263 Construction Inspector to help with increased activity 1,576,490 1,688,606 950,000 projected increase based on current data 40,000 increase due to redevelopment activity 47,500 increase in fees due to an increase in revenue 41,683 White Water park legal fees 990,000 89,183 16,019 DOLA grant 16,019 DOLA grant disbursement 500,000 Multi Purpose Recreational Facility 1,680 revenue from state for the Click it or Ticket it program 1,460 Click it or Ticket it 220 Click it or Ticket it 67,615 5 months of Phase II Vail Resorts Development Agreement 15,760 Building Inspector to help with increased activity 3,940 Building Inspector to help with increased activity 11,615 Planner to help with increased activity 2,905 Planner to help with increased activity 12,569 Construction Inspector to help with increased activity 2,565 Construction Inspector to help with increased activity 23,280 Add'1 revenue in plan check fees 23,280 Out sourcing plan check fees 173,000 increase in construction activity Supp 2 of 2004 040812 S-1 9/1/04 2:07 PM Version 1 Second Reading escription Proposed Supplemental Appropriations and Budget Adjustments #2 of 2004 Revenue Expenditure Increase Increase (Decrease) (Decrease) .Reason Street Cut Fees/PW Permits 7,825 increase in activity Design Review Fees 19,510 increase in construction activity Road & Bridge Revenue (14,000) actual to date is down Franchise Fees-Public Service 25,200 increase in fees due to increase in gas prices RETT Management Fees 47,500 due to the increase in RETT Conference Center Fees 4,250 due to the increase in sales tax Charter Bus 21,800 increased charters May through July Subtotal General Fund ~ 393,679 590,333 Conference Center Fund Sales Tax 85,000 increase in sales tax Collection Fees ~ 4,250 due to increase in sales tax Professional Fees 270,000 next steps for Conference Center Design Fees ~, 630,000 next steps for Conference Center Subtotal Conference Center Fund 85,000 904,250 Total All Funds 3,045,169 3,272,372 Supp 2 of 2004 040812 S-2 9/1/04 2:07 PM Version 1 2nd Reading of Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 2003 Amended Actuals Budget Revenue Sales Tax Federal Grant Revenue Lease Revenue CDOT Reimbursement Buy-Down Program Sale of Assets Transfer from Dispatch Service Fund Transfer from General Fund Project Reimbursement Eagle County Grant Revenue Interest Income & Other Total Revenue Expenditures Equipment Purchases Document Imaging Software & Hardware Upgrades Web Page Development/Ecommerce Eagle County CAD / RMS Project Radio System East Vail Repeater Console Equip-911 upgrade Police Vehicles Hardware Laptop Video Security forJail--- - -- -- - - Patrol Car Video Cameras QRV for Fire Dept Fire Department Breathing Apparatus Repower Buses Replace Buses GPS for Buses 800 MHz radio system Police Vehicles Council Chamber Sound System Subtotal Equipment Purchases 5,893,821 $ 6,118,520 89,700 2,807,929 146,147 150,000 167,771 40,322 173,708 - 1,000,000 - 90,000 110.000 500,000 178,525 969,290 366,000 90,750 50,000 7,830,422 11,112,061 116,394 40,000 102,671 172,000 12,000 323,842 .676,600 10,579 - 345,754 - 69,500 - 68,485 _- - - - - -- -- -- 11;500 - 22,500 107,370 25,000 15,484 - 3,739,490 150,000 151,898 - 279,200 16,515 - 1,152,637 5,304,145 SUPP 2 by Fund 040812 C-1 Version 1 2nd Reading of Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 2003 Amended Actuals Budget Capital Maintenance Bus Shelter Replacement Bear Proof Trash Containers Capital Street Maintenance Parking Structure Maintenance Parking Structure Improvements General Facility Improvements Subtotal Capital Maintenance Street Reconstruction 9,750 30,250 625,580 840,000 180,000 271,042 340,000 427,374 571,286 1,333,746 1,961,536 Other Bighorn Flood Remediation Spruce Way & Columbine Vail Valley Drive -Design Vail Valley Drive - 1st Phase Subtotal Street Reconstruction Buildings & Improvements Town Manager's Residence Town Manager's office Library Building Remodel Village Inn Condo Fire infrastructure improvements Fiber Optics in Buildings Dobson Ice Arena Way Finding Improvements Town Shop Imp -Storage Project - Donovan Park Pavilion- - - : -- -- - - - Indoor Recreation/Gymnastics Subtotal Bldgs /Improvements Streetscape Projects West & East Meadow Drive Village Streetscape Subtotal Streetscape Projects Housing Program Mountain Bell Housing Ruins Buy-Down Program 158,250 - 310,133 - 312,567 - 780,950 - 50,000 5,022 7,343 87,013 - 1,970 177,367 85,000 16,636 16,250 14,426 85,573 552,565 - - - -- - 2,133,166 - -- 33;465- - 55,415 1,612,290 2,866,213 2,067,288 47,139 204,617 87,095 ~ 2,267,425 134,234 2,472,042 35,226 - 16 - 142,799 100,000 SUPP 2 by Fund 040812 C-2 Version 1 2nd Reading of Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Timber Ridge .Timber Ridge.Loan Subtotal Housing Program Lionshead Improvements Lionshead Improvements Subtotal Lionshead Redevelopment Other Improvements Loading and Delivery Studies Street Light Improvement Program Drainage Improvements Vail Today I-70 Noise Memorial Park Loan Children's Garden of Learning Subtotal Other Improvements Total before Transfers Transfer for Debt Service Total Expenditures Revenue Over (Under) Expenditures . 2004 2003 Amended Actuals Budget 52,029 925,000 230,070 1,025,000 64,463 404,616 64,463 404,616 8,200 - 45,480 50,000 15,545 75,000 6, 390 - 88,196 363,303 50,000 - 213,811 488,303 6,776,124 13,722,930 1,942,620 2,337,897 8,718,744 16,060,827 (888,322) (4,948,766) -Beginning Fund Balance _ - _- -" - - _ 8;942,580-" - -- 8,054!258--- - Ending Fund Balance $ 8,054,258 $ 3,105,492 SUPP 2 by Fund 040812 C-3 Version 1 2nd Reading of Supplemental 2 Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures REVENUE Real Estate Transfer Tax Golf Course Lease Lottery Revenue Project Reimbursements Interest Income & Other Recreation Amenity Fees Total Revenue EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Alpine Garden Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand,Mitigation Bear Proof Containers Park, Path & Landscape Maintenance Subtotal Maintenance Recreation Path/Trail Development Trail Signs Trailhead Development N. Frontage Rd. (School to Roundabout) _ Gold Peak to Soccer Field - - -- - -- - - Village Streetscape Design & Implement Subtotal Pathways Capital Maintenance Raw Water Project Playground Safety Improvements Pirate Ship Park -Per Safety Plan Big Horn Park -Per Safety Plan Public Art Subtotal Capital Maintenance 2004 2003 Amended Actuals Budget 3,270,723 $ 3,700,000 A 107,941 112,579 22,295 20,000 38,286 50,000 124,359 50,000 12,928 50,OOD 3,576,532 3,982,579 87,000 185,.000 254,107 135,200 50,000 75,000 14,584 60,000 18,620 25,000 105,750 150,000 17,100 9, 500 687,945 857,281 1,235,106 1,496,981 10, 898 20,000 650,000 - -- - __ __ 410,851 1,750,000 756,749 2,420,000 20,622 229,097 32,605 235 299,765 225,000 74,166 109,213 95,023 895,680 SUPP 2 by Fund 040812 R-1 Version 1 2nd Reading of Supplemental 2 Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures Park Development Donovan Park White Water Park Gore Creek Promenade Bridge Red Sandstone School Soccer Site Property Acquisition Vail Memorial Park Subtotal Park Development Open Lands Subtotal Open Lands Project Management Parks and Landscaping AIPP Subtotal Project Management Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2004 2003 Amended Actuals Budget 136,531 53,000 1,180 149,683 ..............__. 227 100, 000 2,300 - 676 - 4,325 - 145,239 302,683 76,138 78,827 72,134 27,435 148,272 106,262 2,380,389 5,221,606 1,196,143 (1,239,027) 5,084,315 6,280,458 $ 6,280,458 $ 5,041,431 ~SUPP 2 by Fund 040812 R-2 Version 1 2nd Reading of Supplemental 2 TOWN OF VAIL 2004 BUDGET UMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANC GENERAL FUND 2004 2003 Amended Actuals Budget Revenue Local Taxes: Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines & Forfeitures . Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Total Revenue Expenditures . Salaries Overtime Benefits Subtotal Compensation and Benefits 8,840,731 8,881,480 2,822,742 2,646,945 2,273,055 2,420,500 620, 511 668; 700 1,095,698 1,209,935 1;518,855 1, 355;688 2,993,378 2,945,700 567,672 681,035 201,458 189,250 113,270 109,000 616,411 707,142 236,729 166,012 << 21,900,510 21,981,387 9,121,587 9,603,336 470,162 463,627 3,193,732 3,456,996 12, 785, 481 13, 523, 959 Contributions and Special Events 1,184,765 ~ 1,167,346 All Other Operating Expenses 4,147,852 4,720 556' Heavy Equipment Operating Charges 1,341,469 1,469,908 Heavy Equipment Replacement Charges 397,712 405,467 Dispatch_Services 450,531 463,813 Total Expenditures 20,307,810 21,751,049 Revenue Over (Under) Expenditures Before Transfers 1,592,700 230,338 Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance (500,000)' 8,784,044 $ 10,376,744 $ 10,376,744 $ 10,107,082 SUPP 2 by Fund 040812 G-1 Version 1 2nd Reading Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND Revenue Sales Tax Public Accomodations Tax Penalties and interest on delinquent taxes Interest on Investments Total Revenue Expenditures Office Supplies Postage and Shipping Professional Fees Design Services Contract Services Management Fee (general fund) Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2004 2003 Amended Actuals Budget 1,703,864 1,740,000 1,573,289 1,605,000 4,598 - 18, 824 - 3,300,575 3,345,000 4,751 4,000 1, 000 1, 300 104,438 270,OE}0 - 830,000 163,848 167,250 274,037 1,272,550 3,026,538 2,072,450 - 3,026,538 3,026,538 5,098,988 SUPP 2 by Fund 040812 CC-1 9/1/04 ORDINANCE NO. 21 SERIES OF 2004 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND THE CONFERENCE CENTER FUND OF THE 2004 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2004 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.24, Series of 2003, adopting the 2004 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2004 Budget and Financial Plan for the Town 'of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 590,333 . Capital Projects Fund 1,688,606 Real Estate Transfer Tax Fund 89,183 Conference Center Fund 904.250 Total $3,272,372 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings 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. 5. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2004, and a public hearing shall be held on this Ordinance on the 7th day of September, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED in full on this 7~' day of September, 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk t TOWN OF VAIL ` Department of Public Works & Transportation 1309 Elkhorn Drive Vail, Colorado 81657 970-479-2158 Fax: 970-479-2166 www.vailgovcom Memorandum To: Vail Town Council From: Gregg Barrie Date: August 31, 2004 Re: Gore Valley Trail at Cascade Village In April of 2003, Staff sent a letter to the Cascade Village Association asking to begin a dialogue to help determine the maintenance responsibilities of the recreation path that runs through the Cascade Village property. A copy of the letter and response are attached. Staff spent several weeks researching the approval process for Special Development District 4, (Cascade Village) including a discussion with one of the Town of Vail planners who was involved in the process. In general, it appears that the path was constructed as part of the approval for SDD #4, and there is some mention of the need for a maintenance agreement as part of the development review process, but no agreement seems to exist. There are several ways to interpret the paper trail of SDD #4 in relation to maintenance of the recreation path, however, a solution to the problem may be forthcoming. The Cascade Village Metropolitan District (CVMD)- will be contacting the town in the near future to begin discussion in relation to several items. Staff believes that the most logical course of action is to work with CVMD to accomplish the following: • CVMD is discussing upgrading the recreation path bridge at the east end of the property with a wider bridge in order to separate skier and pedestrian traffic • CVMD is also interested in working with the town to upgrade and widen the Westhaven Drive bridge • The town would like to rebuild the section of path from the tennis courts to Westhaven Drive in conjunction with burying the electric lines between Donovan Park and Cascade Village, and to upgrade pieces of the path along the back of the Cascade property • The town should pursue the completion of the access and easement agreements for the recreation path through the Cascade property. There is currently not a continuous access easement through the property for the path • Both parties would like to enter into a maintenance agreement to clarify maintenance responsibilities for the future It is Staff's understanding that at this point, CVMD is considering a November ballot issue to increase taxes to help pay for some of these improvements. Staff will continue contact with the Metro District to facilitate this process. The section of path between Westhaven Drive and the tennis courts should be reconstructed in conjunction with burying the electric service lines. Approximately $300,000 in enhancement funds from Holy Cross Electric will be available in February 2005 to install conduits and to rebuild the path. The town would be required to pay the remainder of the project cost, but the opportunity to cost-share should not be missed. A survey will be commissioned this fall so that design work can begin through the winter. Please contact Gregg Barrie at 479-2337 with any questions or concerns. RECI'CLED Pd PER TOWi~I OF PAIL Department of Public Works & Transportation 1309 Elkhorn Drive Yail, Colorado 81657 970-479-21 S8 Fax: 970-479-2166 www ci. vail. co. us March 6, 200:1 Gary Fries General I~ianager Vail Cascade Club & Spa 1300 Westhaven Drive Vail, CO 8167 Dear Gary, The purpose of this letter is to begin a dialogue between the Town of Vail and Cascade Village regarding the maintenance of the public recreation path that currently passes through Cascade Village. The Town is currently in the process of developing and implementing a 5 year Recreation Path Maintenance Plan. The Plan includes work on multiple sections of the path system and involves paving and drainage work, shouldering work, implementation of safety features such as signage and striping, and the upgrade and repair of many of the guardrails on existing bridges and drop-offs. For several years there has been some confusion over whether it is the responsibility of the Department of Public Works or Cascade Village to maintain the path and bridge through Cascade property. Because maintenance on the path through this area will be required in the near future, we feel it would be best to resolve this issue now. Included with this letter are the following: • A copy of the parcel map showing the Cascade Village Parcels. Each parcel is labeled to correspond to other enclosed information _. • A summary of the information found for each parcel and a general list of maintenance issues • The results of a recent title search showing recreation path easements for the various parcels As stated above, we hope to open a dialogue to discuss and resolve the maintenance questions involving the path through Cascade Village. Once you have had the opportunity to review the enclosed information, and to review your own records, please contact me at 479-2337. I look forward to hearing from you. Sincerely, ,~ n c.. ' /~ ~~,~_.. J~ Gregg Barrie Landscape Architect Town of Vail Cc: Greg Hall, Director of Public Works Matt Mire, Town of Vail ,~? ttornev Cascade Village Recreation Path Summary of Information Found for each Parcel General The Ordinance creating Special Development District 4 (Cascade Village) required the following: 18.=16.200 Recreational Amenities. The approved development plan shall include the following recreational amenities: Bike and pedestrian path traversing the property from east property line to west property line shall be provided by developer with exact location to be mutually acceptable to developer and town council. The path and a bridge were constructed, however the Town has not been able to locate a maintenance agreement between the Town and Cascade Village with the eYCeption of the information listed below. Parcels A. Cascade Creek • November 1995 - An easement was granted by Michael J. Lauterbach to L-O Westhaven, Inc. for issues relating to "a roadway...providing "vehicular, equestrian and pedestrian ingress and egress..." • There is some question about this easement as it was granted after the construction of the path. • The pavement along this section of path is in poor condition. B. Mill Race Phase I • There is no record showing an easement for the recreation path for this parcel that we have found. • Other than some minor bumps and holes, this section of path is in satisfactory condition C. Cascade on Gore Creek May 1992 - An easement was granted by Cascade to the Town of Vail for the path. It plainly states that maintenance of this portion is the responsibility of the Town. Other than some minor bumps and holes, this section of path is in satisfactory condition D. Cascade Inn September 1987 - An easement was granted by Cascade Lodge Joint Venture to Cascade Village Association, Inc. The easement agreement refers to the path and it's maintenance. We have not found any information that the easement or it's responsibilities were transferred to the Town of Vail E. Terrace Site Parcel • The easement found for parcels E and F indicates the parcels were joined and the easement runs through both. • September 1987 - An easement was granted by Cascade Lodge Joint Venture to Cascade Village Association, Inc. The easement agreement refers to the path and its maintenance. • Please refer to the attached memo that seems to indicated that a maintenance agreement should have been a part of any final approval for the Terrace Wing F. Liftside Condominiums • See above Bridge The bridge located to the east of Cascade Village was constructed as part of the original development. There is mention of it in Plannin; Commission minutes from July of 1977. Wright-McLaughlin Engineers designed the bridge in the early 80's for Cascade Village. • Cascade Village Association submitted a letter to the Town in 1986 stating that they would be responsible for winter maintenance of the bridge and path but there is no mention of summer maintenance. • The bridge appears to be in satisfactory condition however, the railings on the bridge require alterations. Guidelines for pedestrian or bikeway bridges require 54" high railings and also require approach railings along the wing walls. The current railing is approximately 43" tall with no approach railings. This is a significant hazard and should be corrected in the near future. • The bridge to the Glen Lyon Building appears to be of the same design. Could it be possible that both bridges were constructed simultaneously for Cascade Village. The Glen Lyon bridge would have provided access to the Glen Lyon Building which is a part of Special Development District 4. ~~ VAI L CASCADE CONDOMINIUMS Apri129, 2003 Mr. Gregg Barrie Town of Vail 1309 Elkhorn Drive Vail, CO 81657 Dear Gregg:. This will follow up on our conversation last week regarding the recreation path in Cascade Village. I spoke to Andy Norris who was the originally developer of.the SDD. Andy is clear that the mutual agreement between the Town and the developers was threefold: o The path would be installed by the developer o Winter maintenance (snow control) would be maintained by CVA o Other maintenance including capital improvements would be the TOV's responsibility Andy mentioned that Peter Patton was the lead Town planner at the time and might be a resource to use to clarify the issues. Please let me know if I can be of further help. Sinc e , Don MacLachlan General MAnager 1476 Westhaven Drive •Vail, Colorado 81657 970.476.6106 • 800.543.4801 • Fax 970.476.4946 Nlduntain Pine Beetle I» Vail Valley An Update; September 7, 2004 Tom Eager , , USDA Forest`Servicc Forest Health Management,_Gmmisun Serviee Center 1 Bark Beetle Outbreaks in Region 2 Spring, 2004 soDtb oakou R. pry GRIY (~ '~ Wyoming - _°~--__.- -,-."_~,\ Nebraska .T__.._ .y n - ~ Pinyon IDe urounum PN• e.aw ~ "rb ~ ' _# :i --' ® Douplaa Pir ODMN ~ ry$w ~~~Owtrar ~' I ~ SPrucaBNda J ~ ~ I ~ Waabm Balum Bara Baelta ~ COIOraAO ~y9vnnlr~~; f I ~ • IDS DInI ~ ~ ~ Kencas ~ { M ~,~(:~ ._ __ ~- - 1i1.9_~_._-_-._ _ __ ~--_ " Front Rnngn Annual Trec Ring tiara y j '' ~ l;DS loos mta leD~ Isis mr5 Ie55 Iota ID)a mn5 IaD] Iona n~-.. - ~---,--_ ,------r- r-----t----r-- 6 i~ IAnI-moo y :' d x J' ~. ~ Di_.. I_, 'll~ i I e _Z~. i -1~ -] ~:' IWI-IDe) I,. _~a n 1_ - p • ~-~ ___-in e i -_e ~ Ia0'v IDD] IDI] IDLD lass ms] IDS] 1065 ID'Y ID&~ IDS CaaS ,. ECQLOGICAL ROLE . I~lalive diseases and insects are integral; important foresk eeoSysEem components Carbon%nutrient tecyclers Insects are food sources of numerous other insects,; spiders, fish; birds; mammals, etc'_ - Part of natuzal disturbance regimes, like fire, often driving'foresr succession ` s. 3 ' ~~ ~ i ' a~ ~ ~~ it I Famvaing tram tlrougM, but should be mwtitared dosNy : - for recurruq cwMitians or lirgeringimpa-ts " ~ Ub2 atl azatlroupM arw bythe US DroupM abnkor. Portions of states wtFintMSreg on tuulbeen 'declared' • x drnuDM arts by the IIata or }adral OcvenmeM Labeled x a tlroupFd area by the US lNougM l.4nllltw. :;~ ~ Sales wtn niMSrgpcn love rlk bin"dedaed' x tlrouprx area: byme rata •> rede.al government 2 ForestlStand Condition Landscapes with increased stand homogeneity Stand maturity. Stand density , Species composition . ~~ Mountain Pine Beetle Activity in the Vail Valley, 1997 t Ia ~{,v "k~ F d ~S ~": ~ 4 ~ IFS -n _ .r"? ~ ~/ fF ~~ ~~~ [~ } ~~a-t ~: ,i, i - 5P ~t F ~ , ~`, y ~ i Y Mountain Pine Beetle Activity in the Vail Valley, 2000 ~x ~F.J :. J ~ ~ I t t^4'~l. .,~~ ~ t ~~ ,Sst ~7~ ~F~r s ~` a+ C ~ , 1 ', - ~ y4 .. i' t y ~ i 't :S :S ~ ; ~ d - *' f l` *~' ~' "' ~ 3 4 t ljjj~ r ~ Tom' ~ 7~ • `lcf, i.'N, r:uw'.. d.. "SNa'v<•. ;.Iw k7 1 y~ S ~ tko .4 t 5 ~-~.~- ~ J ~r • ~ r r ~. Forest Service begins Vail Valley Forest Health Project By Karl Mendonca and Bob Currie About a year and a half ago, the Town of Vail approached federal, state and local land management agencies in an effort to work cooperatively to address concerns of the current mountain pine beetle epidemic and wildfire hazards in the Vail cornmunity. That effort led to the development of a Memorandum of Under- standing (MOU) in February 2001 between the U.S. Forest Service, Town of Vail, Colorado State Forest Service, Vail Associates and the Gunnison Forest Health Management Service Center. The Vail Valley Forest Health Project is the product of that MOU. Since then, the White River National Forest has received approval and funding to pursue a landscape-scale vegetation analysis for the Vail Valley to ad- dress forest health, with a focus on the ongoing mountain pine beetle epidemic. The Forest has also received support and funding from the National Fire Plan to address hazardous fuels reduction in the wildland urban interface. There is a need to modify the mountain pine beetle activity and reduce hazardous fuels in the Vail Valley. The mountain pine beetle population in the Vail Valley is currently at epidemic levels. Hioh mortality in lodgepole pine would reduce scenic quality, recreational opportunities, and wildlife habitat in this highly valued area. As the dead trees begin to fall and become hazardow fuels, the ability to maintain acceptable fuel loads within the wildland urban interface is also compromised. The large beetle populations are thriving on the existing forest conditions. Large numbers of older, large lodgepole pine provide ideal conditions for rapid spread of beetle activity. Epidemic mountain pine beetle populations can be a natural component of lodgepole pine dominated ecosystems, however, such high levels can kill 50-70 percent of the mature lodgepole pine over vast areas. The beetles like dense stands Get your questions answered For additional information on the Vail Valley Forest Health Project please contact the following individuals: Cal Wettstein, District Ranger - (970) 837-~ 715 Peech Keller, Team Leader - (970) 465-5400 Information about this project is available on the White River National Forest Website at: http:/,'www.fs.fed.w/r2/whiteriver/ of large, mature lodgepole pine. This creates a closed canopy of trees that traps calm, cool air and provides shade. Beetles under this dense cover can mount a more successful attack on the trees and produce larger brood populations. Mountain pine beetles kill many of the largest trees, and then diminish until the remaining live trees grow large enough to sustain another outbreak cycle. This cycle of ou[break and die back can occur every 20 to 40 years until the lodgepole pine food source for the beetle becomes exhausted, lodgepole pine is replaced by another species, or a fire consumes the fuels (deadfall) generated by beetle activity. In most cases the fire event is followed by the growth of more lodgepole pine and another series of beetle outbreaks. The removal of trees (both infested and live, healthy trees) is a proven means of reducing tree mortality during outbreaks of mountain pine beetle. The more open canopy allows for increased air movement through the lower portions of trees, and allows more sunlight to reach the ti~re,t Floor and initiate the movement of warmer air. The increases in air movement, temperatures, and light create less favorable conditions for the beetles. Also, the increased wind turbulence may affect the ability of the beetles to concentrate attacks on individual trees. When fewer trees are left, the remaining trees can gain vigor, produce more resin, and resist attacking beetles. Vegetation management may not have a noticeable effect on the current epidemic. However, changing stand conditions in critical areas to create a mosaic of forested ages and a variety of tree densities and sizes, and increasing aspen stands will work toward managing future mountain pine beetle risk and wildland fuel hazard. The removal of dead, dying, and high-risk trees while they still have some economic value to offset the treatment cost will help reduce fuel loads. Also, much of the shrublands in the Vail Valley are outside their historic range of variability because of past fire suppression efforts. This has resulted in homogenous, over-mature shrublands that pose a risk of higher intensity fires due to the buildup of hazardous fuels. Creating a mosaic of age and structural classes in the shrublands through prescribed burning would reduce the intensity and seventy of future wildfires and associated risks to the communities in the Vail Valley. A pine beetle seen through an electron microscope. A stand of lodgepole pine shows the effects of beetle infestation. FS 2 Project Descraptio~n The Holy Cross Ranger District will com- plete alandscape-scale vegetation analysis of the Vail and Eagle River Valley. Forest staff will develop vegetation management actions to address overall forest health, especially the current mountain pine beetle epidemic and the accumulation of hazazdous fuels near commu- nities. t Project Area The project azea for the Vail Valley Forest Health Project is located in Eagle County, Colorado, along the Interstate 70 (I-70) corridor between Vail Pass and Avon (refer to map on page FS 3). The project area encompasses about 57,000 acres, including azeas north and south of I-70. The project azea includes the wildland urban interface zones for the following communities: Vail, Intermountain, Eagle-Vail, Mintum, Avon, Mountain Star, Wildridge, Beaver Creek, and Arrowhead. The project area also includes a portion of the Eagle's Nest Wilderness where prescribed fire opportunities may be proposed. Proposed Actno~ Vegetation management, including tree removal, mechanical treatments such as pruning, and prescribed burning, would be undertaken to improve forest health and reduce the accumulation of hazardous fuels near communities in the Vail Valley. In all, 2,992 acres of National Forest-administered lands are proposed to be treated (refer to map). The following paragraphs summarize the Proposed Action. 1. Lodgepole Pine Stand Treatment Units A limited number of lodgepole pine stands in the Vail Valley susceptible to infestations of mountain pine beetle would be managed to lower mountain pine beetle risk and wildland fuel hazard. Lodgepole pine in the Whiskey Stone area near Mintum would be treated by thinning (754 acres) and patch cuts that would be 2 to 10 acres in size (146 acres). A commercial timber sale would be planned to remove the trees. Aspen would be enhanced wherever it exists for forested fuel breaks and mountain pine beetle flight interruption. Approximately 900 acres of vegetation management are proposed. •Lodgepole pine stands would be thinned to leave approximately 50-70 percent of the basal azea within the harvest units. This equates to leaving from 150 to 300 trees per acre with a variable spacing of IS to 30 feet between trees. This increased spacing would open up the stands to increased sun and wind that would disrupt the mountain pine beetle's reproduction process. •Within or adjacent to thinning units, small patch cuts from 2-10 acres would be made to remove larger diameter lodgepole pine that are the preferred mountain pine beetle host trees and to stimulate aspen spread. •Lodgepole pine would be removed from patches of aspen that exist within the larger stands of lodgepole pine. Pine trees VAIL VALLEY FOREST HEALTH PROJECT would be removed within the aspen patches and for a distance of 120-160 feet away from the patch, to allow sunlight to warm the forest floor and stimulate aspen growth. 2. Aspen Treatment Units Aspen would be enhanced in the wildland urban interface near Vail Intermountain. About 208 acres would be treated. All work would be done by hand; no skid trails or heavy equipment would be involved. •Pure aspen stands would receive a series of 5- to 10-acre patch-cuts to stimulate root suckering and maintain the aspen in a vigorous, healthy condition. These cuts would have a mix of treatments, from cutting all aspen trees to leaving a variable spacing of 10-50 feet between trees. •Priority for cutting patches would focus on the current condition of the aspen. Areas where the highest mortality has occurred would be cut first, while sites with healthy aspen and little mortality present would not be cut at this time. •The perimeter of the aspen stands would be expanded by removing up to 40 percent of the live lodgepole pines that are currently shading the ground surface. In mixed lodgepole/aspen stands, the live pines would be removed around the aspen patches for a distance of 120-160 feet away from the aspen to eliminate the competition for light. •Ground fuels would be reduced within 120- 160 feet of the boundary between private lands and the National Forest. Fuels would be maintained at 10,000 tons per acre or less. Trees would be pruned 12 feet from the ground and aspen would be enhanced by removing the pines that are shading their roots. 3. Prescribed Burn/Fuels Treatment Units Shrublands and a limited number of aspen stands would be managed to move them toward their historic range of variability. Using mechanical vegetation treatments and prescribed fire, a mosaic of age and structural classes would be created to reduce the intensity and severity of wildfires in the wildland urban interface. Approximately 1,884 acres of vegetation management are proposed. •Shrublands (905 acres) would be broadcast burned. This would change the fuel types to reduce potential wildfire intensity and aid firefighters in wildfire suppression. •A small portion of Eagle's Nest Wilderness that is within the wildland urban interface (521 acres) would be broadcast burned to maintain and improve aspen stands, reducing potential wildfire intensity and rate of spread. This would create a forested fuel break between conifer stands and the town of Vail and would facilitate wildland fire use should a wildfire start in the wilderness area. •A small area outside the Eagle's Nest Wilderness (231 acres), and within the wildland urban interface, would be treated to maintain and improve aspen stands, reducing potential wildfire intensity and rate of spread. Dead trees would be cut, piled and burned. The azea would then be broadcast burned. This would create a forested fuel break between conifer stands and the town of Vail and would facilitate wildland fire use should a wildfire start in the wilderness area. •An area within the wildland urban interface (227 acres) would be treated to maintain and improve aspen stands, reducing potential wildfire intensity and rate of spread. This would create a forested fuel break between conifer stands and the town of Vail. All conifers would be cut and aspen would be patch cut, piled and burned within 200 feet of private land. Some Forest roads and trails would be used and affected by the hauling or harvest operations. Forest roads 748, 749, 733 and the Martin Trailhead access road would be used for access. The Stone Creek trail would be widened to accommodate hauling, and then rehabilitated as a trail. The Eagle Bend road through Eagle-Vail also would be used for access. A flagger or safety signs would be positioned along trails in the vicinity of treatment units (Grouse, West Grouse, Stone, and Martin) to notify the public of activity. A9~a~ySllS An Environmental Impact Statement (EIS) and Record of Decision (ROD) will precede the implementation of proposed actions under the Vail Valley Forest Health Project. The Forest Supervisor for the White River National Forest will decide whether to approve the Proposed Action or an alternative to it, that will implement vegetation management on a landscape-scale for the Vail Valley Forest Health Project. Mitigation measures and moni- toring requirements will also be addressed in the decision. This decision will be documented in the ROD for the Vail Valley Forest Health Project EIS. If the decision that is made would require an amendment to the Forest Plan, the analysis and documentation for the amendment will be included. The EIS ensures that environmental infor- mation is made available to public officials and citizens before decisions are made and before actions are taken. The aim is to help officials base their decisions on an understanding of the environmental consequences; and to take actions that protect, restore and enhance the environment. Essential to the EIS process are accurate scientific analyses, expert agency input and public scrutiny. The Vail Valley Forest Health Project EIS will begin late this fall. Given the size and complexity of the project, the Final EIS and ROD are projected to take 10-12 months to complete. The anticipated date for the release of the Draft EIS to the public is summer 2004. VAIL VALLEY FOREST HEALTH PROJECT Public Involvement The Forest Service is seeking additional information, comments, and assistance from federal, state, and local agencies, as well as other individuals or groups who may be interested or affected by the proposed project. Public comments will be used and disclosed in the environmental analysis that is documented in the Vail Valley Forest Health Project EIS. An open house will be held from 4:00 PM to 7:00 PM on Wednesday, November 12, 2003, at the Eagle-Vail Pavilion, 0538 Eagle Road in Eagle-Vail. Forest Service representatives will be available to explain the project in detail as well as answer questions. Your comments on issues that you feel should be evaluated as part of this analysis are essential to this environmental analysis process. While comments will be accepted at any point during the analysis process until a decision is made, to be most useful, your comments must be received on or before November 29, 2003. Please address your comments to Cal Wettstein, District Ranger, Holy Cross Ranger District, P.O. Box 190 Minturn, Colorado 81645. Fires keep forests healthy Sy Peech Keller Did you know that forest fires could be eood for the forest? V Many of our western forests are based on a fire-adapted ecology. In other words, they have "learned" to live with fire. Over many centuries, fire influenced the life cycles of plants. Many of these plants adapted to the ef- fects of fire or evolved mechanisms to protect themselves against fire injury. Others are even dependent on fire for germination and growth. Without fire or some other type of large distur- bance such as windstorms, insects or logging, most of the forest would grow until it all looks the same. It would appear very homogeneous and would lack the habitat diversity that wild- life requires, such as grassy areas, brash and young trees. Therefore, for the maintenance Legend ® Skl Fvea Surface Ownersmp Highway Forest Service Interstate Smote ~~ CrtylTOwn p,n,~ Prol0c1 Area Bour4ary propoaetl Treatment Unlta WtlEeme55 Area Boundary '.~ ~~~.. Lotlgepole Pine Btantl Treatment Unil .~_ ASpM TrealmMt UrN Prescrib0d BunYFUels Treatment Una of a healthy ecosystem, in most areas some type of large-scale disturbance is natural and necessary. Historically, as a result of the differ- ent frequencies and intensities of fire where some groups of trees were killed and others survived, the landscape became a mosaic of different-aged stands of trees over time. Because of this diversity in ages and densities of stands, huge landscape-replacing fires were not common. With the success of fire-suppres- sion over the last century and the reduction in timber cutting, fuel loads are increasing and the landscape is becoming less diverse, leading to a greater risk of large stand- or landscape- replacing fires. When stands of lodgepole pine become over-mature, or when there is an outbreak of mountain pine beetle infestation, dead and IFS 3 How to recognize pine beetle activity During a pine beetle outbreak, forest management offices aze often flooded with calls in early summer. "My tree is turning brown, what can I do to save it?" Unfortunately the answer to this ques- tion is that nothing can be done for that individual tree. Trees that have been successfully attacked by pine beetles remain green for the fall, winter and spring following attack. By the time the tree's foliage does turn color, the next year's brood is nearly ready to emerge and attack a additional trees. If you suspect beetle activity, contact your local Colorado State Forest Service office. They can offer advice on what to do. Most frequently, there is very little that can be done once beetles have colo- nized atree. fallen trees increase the fuel loads. The fuels that result from mountain pine beetle epidem- ics accumulate until hot fires occur. Under these conditions, fire starts become more common and the fire intensity can be extreme, especially during drought and severe fire weather. These intense fires also tend to perpetuate future extreme cycles of mountain pine beetle infestations and fire occurrences. -~ I' (W~J~ WHITE RIVER NATIONAL FOREST .n.£ ~// VAlL VALLEY o a s s FOREST HEALTH PROJECT Miles TrarlversE MefCetOr PlolachM Ea EAGLE COrrvrv, CA'..naanp 1927 North Amenoan Dawm ZMe 13 FS 4~ VAIL VALLEY FOREST HEALTH PROJECT Fire can be the sight pYescription By Peech Keller Have you ever wondered what a "prescribed bum" or a "con- trolled burn" means? Why would someone deliber- ately set fire to the woods and how can you "control" it? The right conditions must exist on the day of a planned burn to minimize the impact of smoke on communities, to minimize the chance of the fire escaping and to achieve the goals of the burn. Well in advance of the proposed bum, a prescribed bum boss develops a burn plan, which includes a site-specific "prescription", or set of parameters within which the weather and fuel conditions on the ground must fall in order for the prescribed bum to be safely and effectively implemented. The pre- scription takes into account condi- tions such as the amount and type of fuel on the ground, the slope and aspect (south-facing, etc.) and the elevation. The bum plan also includes plans to provide for the safety of the crews on the ground and monitoring plans to assure the fire does not escape. In the mountains around Vail Valley, the right conditions are found in very small "windows" of opportunity, typically in spring and fall, but occasionally in sum- mer. This does not leave a lot of opportunity for implementation. Fire managers work with the Na- tional Weather Service to closely monitor the weather and fuel moistures to determine if condi- tions are just right for this window (the bum prescription). For exam- ple, aparticular prescription may require on the day of the planned bum that the winds cannot be greater than I S miles per hour and must be from a particular direction to prevent smoke problems. The Pine beetles locked in dance with gees By Tom Eager The life cycle of the moun- tainpine beetle (Dendrncronus ponderosae) is relatively simple, but there are some surprises. The beetles have aone-year life cycle but are evident for only a brief period during the middle of sum- mer. From about mid-July through August and into September, the beetles can be seen flying about on warm, calm afternoons. Both males and females emerge from beneath the bark of a host pine to disperse through the forest, locate anew host, mate and lay eggs. The chemical environment Bark beetles experience a very different world than humans do, their universe is determined by smells; incredibly minute amounts of azomatic chemicals determine their behavior from one moment to the next. Bark beetles use these odors to locate potential host pine trees, and once a host has been located, the beetles re- lease odors to attract more of their kind. The earliest amving beetles produce these chemicals (pheromones) in order to attract other beetles to the potential host tree. Mass attack is the process by which large numbers of beetles over- whelm atree's defenses. Pine trees produce large quantities of resin that flow in canals, not unlike the way blood flows in veins. When something damages a pine tree, the resin flows to flush out the wound. As they initiate attacks in the host tree, the beetles begin to deplete the tree's finite reserve of pine resin. This is the basis of the struggle between the tree and the mass of beetles: whether sufficient numbers of beetles are available to attack and overcome the tree's defense system. Life beneath the bark When enough beetles have initiated an attack on a host, the tree's defenses are overwhelmed and the beetles can begin to excavate tunnels (called galleries) beneath the bark, in which they produce their young. The eggs hatch in a few days and small lar- vae that look like tiny worms be- gin feeding upon the nutrient-rich tissues. The young larvae tunnel away from the main egg gallery and fan out beneath the bark. As winter approaches the larvae convert the sugars in their food into alcohols in their body. These alcohols act as an anti- freeze to help the young insects withstand the long cold winter. The color of an attack A tree that has been attacked re- mains an apparently healthy green color through the attack period and will remain green through most of the winter. Despite the green coloration, a successfully attacked tree is for all intents and purposes dead. The beetle larvae beneath the bark and the rapid fungal growth reveal that despite the green color of the foliage, the tree is beyond saving. The telltale foliage coloration of a beetle-at- tacked tree will not appear until late the following spring when the green foliage turns a lemon yellow, which in turn becomes a straw colored orange and finally fades to the red of a dead tree. Managing the forest and pine beetles Although pine beetles are a natural component of the forest eco- system, at times their activities can be viewed as detrimental to human goals. Whether these goals- are to im- prove wildlife habitat, provide recreational opportunities, or mitigate the potential for wildfire, tree mor- tality caused by pine beetles can disrupt these activities. Human needs include providing habitat for rare and endangered species, the protection of watersheds and the preservation of biodiversity. winds must be just right so that the smoke does not settle low to the ground. The relative humidity cannot be under 20% to prevent extreme fire behavior, while fuel moistures cannot be more than 10% or they will not bum. If any one of these conditions are not met, the prescribed bum will not take place. Protect your home By Karl htendonca In the 19SOs, the tcnn "de- fensible space" was coined to describe vegetation management practices aimed at reducing wild- fire threats to homes. Defensible space is the area between a house and an oncoming wildfire where vegetation has beer. modified to reduce the wildfire threat and to provide an uppomt^.iry for firefighters to cifectivciy defend the house. Many people do not view [hc plants growing on their prop- erty as a tlu~cat. But in terms of wildfire, the vegetation adjacent to their homes can have con- siderable influence upon the survivability of their houses. All vegetation is potential wildfire fuel. If vegetation is properly maintained, the spread and inten- sity of a wildfire can be reduced, giving firefighters the oppor- tunity to effectively and safely defend a home. Visit www.fircwisc.ur,/cot for more tips and tricks or. protecting your home. The means to achieve these ends begins with studying and under- standing the processes that drive the forest ecosystem. Direct vs. indirect control of pine beetles There are two basic strategies for controlling pine beetles. Direct control refers to activities that seek to reduce pine beetle activ- ity by reducing beetle numbers. Direct control includes tactics such as the use of chemical pes- ticides and debarking or burning of infested materials. Because bark beetles are protected beneath the bark, there are currently no pesticides available that will soak through the bark to kill the brood. Indirect control refers to the manipulation of stands to reduce their attractiveness to beetles. Thinning or species selection are forms of indirect control. lnjested lodgepole dre on the hr!lside, competing with aspen jot best fall colors. .w.-... . ,~ ~ sa. .a.......o .-., _ • Matt Mire 0623973.08.doc ~ µ Pale 1 GORE CREEK PLACE DEVELOPMENT AGREEMENT THIS GORE CREEK PLACE DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the day of 2004 by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of.the State of Colorado (the "Town"), and THE VAIL CORPORATION, D/B/A VAII, ASSOCIATES, INC., a Colorado corporation ("Vail Associates"). RECITALS: A. Vail Associates is the owner of certain real property in the Lionshead azea of the Town of Vail, Eagle County, Colorado, which is.legally described on Exhibit A attached hereto and lies proximate to Gore Creek (the "Property"). Vail Associates has secured certain approvals from the Town's Design Review Boazd and other Town agencies of certain design and development plans as set forth or referenced on Exhibit B attached hereto (the "Gore Creek Design Approvals") for the development of a residential duplex project, consisting of 16 residential units, to be located within the Property, and presently intended to be developed under the trade name "Gore Creek Place" (the "Gore Creek Project"). Vail Associates is presently in the process of securing from the Town the remaining requisite approvals, including building permits, for construction of the Gore Creek Project in accordance with the Gore Creek Design Approvals (the "Final Gore Creek Approvals"). B. The Gore Creek Project is one of various development projects that Vail Associates may undertake on various development sites that it owns within the Lionshead area of the Town, including the azea which lies to the north .of the Eagle Bahn Gondola facilities that serve the Vail Mountain ski area and which is commonly referred to as the Lionshead "Core." Vail Associates intends and desires to develop within the Lionshead Core amixed-use real estate project, which may include 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 limitation, an outdoor skating rink, open plaza and other areas allowing for recreational or entertainment activities and amenities, and ski clubs or similaz associations or operations relating to sporting, recreational or outdoor activities; and other uses, improvements and facilities complementary, supplementary, ancillary, incidental or related to any of the foregoing, including, without limitation, pedestrian and vehicular access ways and .facilities, and loading/delivery facilities (the "Core Project"). Vail Associates has submitted preliminary design development drawings for the Core Project pursuant to Vail Associates' application to the Town for a development plan approval for the Core Project, those design development drawings having been prepazed by 42/40 Architecture, Inc., Project No: 20826.02, and last revised and submitted to the Town as of July _,(?] 2004 (the "Core Design Documents," which .will mean and include subsequent modifications, adjustments, additions and supplements thereto developed by Vail Associates and its azchitects, engineers and consultants in the ordinary course of the development planning for the Core Project). 623973.8 RCFISH 08/31/043:58 PM , . ~ ~,. Matt 62397 .~.. ~ ..- ~ tix~.~~~~ ~~ ...-. Mire 0 3.08.doc ~" ~ '~~"°"`"" ~~ ~ ~~"" ~~' ..,.~w........~.. .,~,._.._.~n.._ .. Pa~e_2_, C. The undertaking of the Core Project is to be complemented by substantial site preparation work, including relocation, reconfiguration and installation of certain water, sanitary sewer, storm drainage, and so-called "dry" utilities on the perimeter of the Core Project (the "Utilities Project"), and also 'the installation of subterranean shoring systems for the prosecution of the Core, Project (the "Shoring Project"). The Utilities Project and Shoring Project are sometimes referred to hereinafter together as the "Site Prepazation Project." The Site Preparation Project is to be undertaken in accordance with those plans and specifications set forth or referenced on Exhibit C attached hereto, as those plans and specifications may be further modified, adjusted, and supplemented by Vail Associates and its azchitects, engineers and consultants in the ordinary course of undertaking the Site Prepazation Project (collectively the "Site Preparation Plans", which remain subject to Town approval as hereinafter set forth). D. In connection with the provision of the Gore Creek Design Approvals, the Town has required that it receive certain assurances that Vail Associates will also ultimately proceed with the development of the Site Prepazation Project and the Core Project, acknowledging that an unqualified commitment to proceed with the Site Preparation Project and the Core Project is not feasible. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Construction Commitments. (a) Vail Associates agrees that at such time as Vail Associates secures a building permit and any other requisite Final Gore Creek Approvals for commencing and actually commences construction of the Gore Creek Project, .Vail Associates will begin construction of the Site Preparation Project within the "Applicable Construction Season" (as hereinafter defined), and thereafter pursue the Site Preparation Project to completion in the ordinary course of business, subject to satisfaction of the following conditions, which satisfaction shall be pursued by Vail Associates by reasonable efforts in the ordinary course of business, and shall be determined in Vail Associates' ordinary business judgment (the "Site Preparation Conditions"): (i) Eminent domain proceedings for the taking of fee title to the site for the Core Project (the "Core Site"), whether owned by Vail Associates or the Town, have been completed through the Vail Reinvestment Authority ("VRA") that aze sufficient to remove pre-existing restrictive covenants of record which may conflict with the undertaking of the Core Project, and fee title to the Core Site has been re-vested in Vail Associates, with title thereto being insurable free and cleaz of the impediments caused by those restrictive covenants (provided that the application of this Condition and VRA's undertaking of such eminent domain proceedings will be subject to the provisions of paragraph 3(c) below). Notwithstanding any implications to the contrary under the foregoing provisions, those portions of the Core Site previously owned by the Town and acquired by VRA pursuant to those eminent domain proceedings will be re-conveyed to the Town as set forth in the Reinvestment Agreement (as defined in paragraph 3(c) below); 623973.6 RCFISH 08/71/04 3:58 PM 2 Matt Mire 0623973.08 doc ~~ Pale 3 (ii) Vail Associates is able to secure on satisfactory terms, from the Town and any other applicable governmental or quasi-governmental authorities (including utility suppliers), any and all street vacation, subdivision, platting, development, building permit, right-of--way work permit, and other licenses, permits and approvals and actions which are necessary for proceeding with the construction of the Site Preparation Project in accordance with the Site Preparation Plans; (iii) Vail Associates obtains easement grants and vacations and other grants, approvals or dispositions from the holders of affected property interests (including the Town) that aze necessary for, proceeding with construction of the Site Preparation Project; (iv) The undertaking of the Site Preparation Project or the Core Project, or any component thereof, is not and does not become the subject of any contest or adverse claim in any litigation or legal proceedings hereafter commenced, made or threatened; and (v) Vail Associates secures final approval of the Core Design Documents from the Town. (b) Vail Associates further agrees that Vail Associates will be bound to begin construction of the Core Project within the Applicable Construction Season, and thereafter pursue the Core Project to completion in the ordinary course of business, subject to satisfaction of the following conditions, which satisfaction shall again be pursued by Vail Associates by reasonable efforts in the ordinary course of business, and shall be determined in Vail Associates' ordinary business judgment (the "Core Project Conditions"; the Core Project Conditions and the Site Prepazation Conditions are sometimes referred to hereinafter as the "Development Conditions"): (i) Vail Associates has secured a building permit and any other requisite Final Gore Creek Approvals for commencing and has actually commenced construction of the Gore Creek Project, and the Site Preparation Conditions have all been satisfied; (ii) Vail Associates is able to secure on satisfactory terms, from the Town and any other applicable governmental or quasi-governmental authorities (including utility suppliers),. any and all street vacation, subdivision, platting, development, building permit, right-of--way work permit, and other licenses, permits and approvals and actions which are necessary, for proceeding with the construction of the Core Project pursuant to the Core Design Plans, including construction documents and drawings prepared by Vail Associates as a part thereof, and Vail Associates and the Town make the Development Agreement for the Core Project on mutually acceptable terms. Without limitation on the foregoing, under that Development Agreement the Town must undertake to convey and must complete the conveyance to Vail Associates of any portions of the Core Site owned by the Town that will be encroached upon by any Core Project improvements intended to be privately owned (notwithstanding any implications to the contrary under paragraph 1(a)(i) above or the Reinvestment Agreement); (iii) Vail Associates obtains easement grants and vacations and 623973.8 RCF7SH 08/31!043:58 PM . ,~ -- .. ~tt MM -s-- . ~....~. Mw b .V..... r~ _ .~e.. ._ ~€ ire 0623973 08 doc "~ _ Pa e4 _~~ other grants, approvals or dispositions from the holders of affected property interests (including the Town) that are necessazy for proceeding with the construction of the Core Project; (iv) The undertaking of the Core Project, or any component thereof, is not and does not become the subject of any contest or adverse claim in any litigation or legal proceedings hereafter commenced, made or threatened; and (v) Vail Associates is able to secure and maintain in effect pre- . construction sale contracts for the conveyance to third-pazty buyers of not fewer than fifty (50) residential condominium units to be developed within the Core Project, to be upon pricing and other terms satisfactory to Vail Associates as determined in the ordinary course of business. (c) The commencement and prosecution of construction of each of the Site Preparation Project and the Core Project will be further subject to delays caused by the occurrence of any force majeure events, which for purposes of this Agreement shall mean and include any event or circumstance beyond the reasonable control of Vail Associates, including, without limitation, labor strikes or lockouts, power shortages or failures, unavailability or shortages of materials, acts of God, acts of terrorism or war, inclement weather of such severity as to preclude continued' work under prevailing industry standazds, customary construction season limitations under prevailing industry standards, or any construction moratorium or other governmental action or inaction (and the Development Conditions will include the absence or cure of any such force majeure event that could cause any such delays in development). 2. Determination of Requisite Construction Season. For the Site Preparation Project, the "Construction Season" for any applicable calendar year shall commence as of August 15 of the immediately preceding calendaz year, and for the Core Project, the "Construction Season" shall commence April 15 of the applicable calendaz year. However, if Vail Associates has commenced the Shoring Project as set forth in paragraph 3(c) below, and no "Condemnation Suspension" (as defined therein) has occurred, then the "Construction Season" for the Utilities Project within each subsequent calendaz year shall commence on April 15 of that yeaz. The term "Designated Construction Seasons" will for this Agreement mean the . Construction Seasons for the calendar years 2005, 2006, 2007 and 2008. The "Applicable Construction Season" shall mean (i) for the Site Preparation Project, the first of the Designated Construction Seasons to commence following the satisfaction of the Site Prepazation Conditions, and (ii) for the Core Project, the first of the Designated Construction Seasons to commence following the satisfaction of the Core Project Conditions and the completion of the Site Prepazation Project. 3. Security; Condemnation Process. (a) As a condition to the issuance of the Final Gore Creek Approvals, Vail Associates will furnish the Town with a promissory note or other form of personal financial undertaking committing to pay the sum of $3,000,000 (the "Financial Commitment"), which Financial Commitment will serve as security and collateral for Vail Associates' obligarions under paragraph 1(b) above for commencing and completing the Core Project (the "Core Project Obligations"). The Financial Commitment will be subject to the following terms of this 623973.8 RCFISH 08/31/043:86 PM 4 Matt Mire - 0623973.08.doc Pa e 5 Agreement, and any evidence of the Financial Commitment will also be expressly subject thereto. (b) Upon any breach of the Core Project Obligations, and subject to Vail Associates' cure rights set forth below, the Town may enforce the Financial Commitment in accordance with applicable law, provided that the Town agrees that the proceeds realized from any enforcement of the Financial Commitment will be applied to public infrastructure projects in the Lionshead area or the adjacent azea to the east which is presently planned as a conference center location. Before any such enforcement of the Financial Commitment, the Town shall give Vail Associates written notice of the subject breach, and Vail Associates shall then have thirty (30) days. thereafter in which to cure the subject breach (provided that if the breach is of such a nature that it cannot reasonably be cured within such 30-day period, then such cure period shall continue so long as Vail Associates commences the cure within such initial 30-day period and thereafter. pursues the cure to completion by the exercise of due diligence). Recourse to and enforcement of the Financial Commitment will be the Town's sole remedy for any breach of the Core Project Obligations. (c) VRA, Vail Associates and VAMHC, Inc., with the Town's joinder, aze parties to that certain Lionshead Reinvestment Agreement dated as of August 3, 2004 (the "Reinvestment Agreement"). Notwithstanding any provisions indicating to the contrary in the Reinvestment Agreement, Vail Associates agrees that VRA will have no obligation thereunder to complete the eminent domain proceedings for the Core Site contemplated under paragraph 1(a)(i) above (i. e., make application for a final rule and order for vesting title in VRA free and cleaz of the applicable restrictive covenants), unless and until Vail Associates has actually commenced the on-site construction of the Shoring Project. Vail Associates will promptly commence such construction when all Site Preparation Conditions other than the one under pazagraph 1(a)(i) have been satisfied, and provided the eminent domain proceedings aze then in a posture such that VRA can make a viable application for such final rule and order (or Vail Associates may commence construction at any eazlier time at its election). Upon such commencement of the Shoring Project, and- Vail Associates' furnishing VRA with written notice thereof, VRA shall make application to the presiding court for the requisite fmal rule and order as soon as possible (with the joinder of Vail Associates as required under the Reinvestment Agreement) and pursue the obtainment of that final rule and order by the exercise of all reasonable efforts, and then proceed to convey the Core Site to Vail Associates in accordance with the Reinvestment Agreement (the foregoing assuming that. Vail Associates is selected as the successful "Respondent" under the Reinvestment Agreement). Vail Associates' commencement of the Shoring Project shall not constitute or be construed as a waiver of the Site Preparation Condition under pazagraph 1(a)(i) above, and if that final rule and order is not obtained and the conveyance to Vail Associates completed within fifteen (15) days after the giving of Vail Associates' notice of commencement, then Vail Associates may at any time thereafter suspend further construction of the Shoring Project (a "Condemnation Suspension") unless and until the Site Preparation Conditions aze fully satisfied within the Designated Construction Seasons, and Vail Associates' obligations under pazagraph 1(a) for undertaking the Site Prepazation Project will not be modified. Conversely, if the entry of that final rule and order and the conveyance to Vail Associates is completed within that 15-day period, Vail Associates will proceed to complete the Shoring Project by the exercise of reasonable efforts in the ordinary course of business, subject to delays caused by force majeure 623973.8 RCFISH OSl3l/043:58 PM Matt Mire~~06~23973.08.doc ~ "- ' " ~ ~ '~" ~ ~ ~ `~ Pa e 6 } events, including work suspensions during ski-season months outside of the ordinary construction season (which will be permissible), and also subject to further satisfaction of the Site Preparation Conditions. It is specifically acknowledged and agreed that no undertaking of any construction for the Site Preparation Project or the Core Project shall be deemed to constitute a waiver of any of the Development Conditions applicable thereto that have not actually been satisfied; or any rights of Vail Associates arising under paragraph 3(d) below or the other terms of this Agreement. VRA, by its joinder in this Agreement as provided at the end hereof, will both benefit from and be bound by the foregoing provisions. In the event the Site Preparation Project and/or the Core Project is ever commenced but then abandoned, Vail Associates in due course shall restore any access areas disturbed thereby to substantially the same condition in which they existed before such disturbance. (d) Notwithstanding any other provisions hereof indicating to the contrary, in the event the successful "Respondent" selected by VRA under the Reinvestment Agreement to receive the conveyance of the Core Site is other than Vail Associates, Vail Associates will have no further obligation whatsoever for undertaking the Site Preparation Project or the Core Project, and any Financial Commitment theretofore furnished by Vail Associates shall be immediately remitted to Vail Associates, with Vail Associates having no further obligation thereunder. In addition, if the successful Respondent selected under the Reinvestment Agreement for the Property is other than Vail Associates, then this Agreement shall be null and void ab initio and of no force or effect. 4. Gore Creek Site Improvements. The Gore Creek Design Approvals, including the conditions of approval constituting a part thereof, establish certain requirements for constructing and completing a pedestrian path, landscaping, and certain other site improvements within and constituting part of the Gore Creek Project (the "Gore Creek Site Improvements"). . The parties agree that Vail Associates will riot be entitled to receive from the Town a certificate of occupancy, either temporary or permanent, for any units within the Gore Creek Project until either (i) the Gore Creek Site Improvements have been substantially completed, or (ii) Vail Associates has furnished or caused to be furnished to the Town with security for the remaining uncompleted Gore Creek Site Improvements in the form of a performance and payment bond for the work, or alternatively in the form of a letter of credit, or other financial medium reasonably acceptable to the Town, in a dollar amount equal to one hundred twenty-five percent (125%) of the estimated out-of-pocket, variable construction costs for completing the applicable Gore Creek Site Improvements. If security is so provided, Vail Associates will then be required to complete or cause to be completed the remaining Gore Creek Site Improvements within eight (8) months after certificates of occupancy have been issued for all residential units within the Project (provided that this required time for completion will be extended for any delays attributable to force majeure events). In the event Vail Associates fails to complete or cause the completion of the Gore Creek Site Improvements in a timely manner in accordance with the foregoing provisions, then the Town at its election may undertake the completion of the remaining Gore Creek Site Improvements, and resort to the security furnished to recover the resulting construction costs and expenses incurred by the Town. Any security previously provided or the remainder thereof (as applicable) will be returned to Vail Associates upon the completion of the obligations for the Gore Creek Site Improvements. This Agreement satisfies all requirements under the Town Code of the Town of Vail (the "Town Code") for the provision of security or 623973.6 RCFISH 08/31/043:58 PM 6 u~ ~ .~. .. ~, ~.._... .. ~. ~. ..w...~.,..w Matt Mire - 0623973.08.doc Page 7 making of agreements with respect to the Gore Creek Site Improvements. Notwithstanding any provisions to the contrary in the Town Code or other Town rules and regulations, the Gore Creek Site Improvements and the express provisions of this Agreement constitute the full scope of any and all public or other improvements, dedications or exactions that may be required of Vail Associates in relation to the undertaking of the Gore Creek Project, and no further public or other improvements, dedicarions or exactions or other development conditions may be required of Vail Associates in connection with the Gore Creek Project (any requirements under the Town Code or other rules or regulations to the contrary are hereby waived). 5. No Obligation to Develop. Notwithstanding any implications to the contrary under the other provisions of this Agreement or under the Town Code or other rules, regulations or standards of the Town, Vail Associates does not and will not have any obligation to undertake and develop the Gore Creek Project, and will have no liability to the Town or to any other party for any failure to develop the Gore Creek Project. In addition, Vail Associates has no obligation to undertake the Site Preparation Project or the Core .Project except as expressly provided herein. For all purposes under this Agreement, construction of the Gore Creek Project will not be regarded as having commenced until work on one or more of the residential units has begun pursuant to one or more building permits, and any grading or site work pursuant to a grading permit or similar approval by itself will not constitute commencement of construction. 6. Modification of Parking Use Restriction. Pursuant to a deed dated May 15, 1980, and recorded May 15, 1980, at Book 302, Page 854, Vail Associates is the holder of a right of entry and power of termination (the "Right of Entry") with respect to the property conveyed by that deed, which property is the site of the existing Lionshead public parking structure (the "Parking Structure Site"), in the event such property is ever used for any purposes other than a "public parking structure, auxiliary transportation facility or other municipal, public or quasi-public facilities ..." In conjunction with the issuance of the requisite building permit for the Gore Creek Project, Vail Associates will execute and deliver a recordable modification to the Right of Entry which expressly expands the permitted uses under the Right of Entry to include a conference center. 7. Development Easements. In connection with the development of the Gore Creek Project, the Town will vacate or abandon any pre-existing utility easements in its favor that have locations conflicting with the approved development of the Gore Creek Project and the corresponding configurations of water, sanitary sewer, storm drainage and "dry" utilities. In furtherance of the development of the Gore Creek Project, the Town will grant, across and upon any pertinent easement or property ownership interests held by the Town, and/or accept new corresponding public or quasi-public easements for the affected utilities and other services as configured for the development of the Gore Creek Project. Those utility configurations may be reflected in whole or in part in the Site Preparation Plans. Such new easements may be established either as part of any replatting process, or by separate grant, with title in sufficient condition for the use of the intended easement purposes. 8. -Road Impact Fee. Vail Associates will have prepared and submit to the_ Town, for its acceptance and approval, a traffic study to evaluate the project trip generations produced from the development of the Gore Creek Project. The evaluation of the trip 623973.8 RCFISH 08/31!643:58 PM __ att Mire - 0623973. generations, and the acceptability of the traffic study, will be undertaken and determined by the Town in material conformity with the Town's historical traffic engineering practices and policies consistently applied. As a condition to the issuance of any certificates of occupancy for the Gore Creek Project (but not as a condition to the issuance of building permits or other construction approvals prior to the issuance of such certificates of occupancy), Vail Associates will be required to pay and/or provide in-kind consideration for a traffic impact fee to the Town in an amount equal to $5,000 multiplied by the number of trip generations attributable to the Gore Creek Project during the peak hour period, as established by the accepted traffic study, which fee may be satisfied by payments and/or credits in accordance with the Town's current prevailing standards and policies, consistently applied, that are generally employed for development projects in the Town. .Any portion of the traffic impact fee paid in cash will be applied by the Town, in reasonable consultation with Vail Associates, to traffic in road system improvements at the two intersections of West Lionshead Circle with Frontage Road, or to any other transportation project that may be approved by Vail Associates in writing. 9. Liability of Successors. The provisions hereof touch and concern and run with the ownership of the Property (but not the Core Site or the areas affected by the .Site Preparation Project). However, any successor owner to Vail Associates with respect to any portion of the Property or Gore Creek Project will not have any personal liability for any of Vail Associates' obligations hereunder, except to the extent such successor succeeds to Vail Associates' position as the owner/developer of any residential unit in the Gore Creek Project before it is initially completed (as evidenced by the issuance of any temporary or pernanent certificate of occupancy therefor). This Agreement shall cease to act as any limitation or encumbrance upon any residential unit within the Gore Creek Project when such unit has been thus initially completed. The Town agrees to cooperate reasonably and diligently in furnishing recordable releases and terminations of this Agreement, or for discrete portions of the requirements hereunder, as and when the relevant requirements have been' satisfied. Subject to the foregoing provisions, (i) this Agreement shall be binding upon and inure to the benefit of Vail Associates and its successors and assigns, and (ii) references herein to "Vail Associates" shall be construed to include its successors and assigns from time to time. 10. Notices; Business Davs. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below: If to Vail Associates: 623973.8 RCFISH 08/31/043:58 PM Matt• Mire - 0623973.08.doc Pa e 9 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: Karsten Canada, Esq. Fax No.: (970) 845-2555 If to Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager Fax No.: (970) 479-2157 with a copy to: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 Either party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 11. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similar as possible in content to the 623973.8 RCPISH 08/3I/04 3:58 PM 9 Matt Mire - 0623973.08.doc Page 10 affected provision. It is generally intended by the parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted bylaw. 12. Exhibits. All Exhibits to this Agreement which are referenced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. 13. Entire Agreement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 14. Estoppel Certificate. At any time and from time to time (but upon not less than ten (10) days' prior notice by Vail Associates), the Town shall execute, acknowledge and deliver to Vail Associates and its designees an estoppel certificate in writing certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications, that this Agreement is in full force and effect as so modified, and stating the modifications); that Vail Associates is not in default of any obligations, conditions or requirements hereunder, except as ' otherwise specified in the response; and such other matters and information related to this Agreement as may be reasonably requested. Failure of the Town to furnish its response within the requisite 10-day period shall be conclusive upon the Town that the matters, requested for disclosure are in the status most favorable to Vail Associates, as determined by Vail Associates. 15. Rules of Construction. The headings which appear in this Agreement are for purposes of convenience and reference and aze not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement; and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of.such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singulaz shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the pazagraphs in this Agreement are for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 16. Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by resolution. As part of that resolution, the Town Council will designate and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Associates and so executed as set forth above by the Town Manager. 17. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to 623973.6 RCFISH 08/31/043:58 PM ~ 10 M _ ._ ._~ ~ . W_~ . M.., ... _ .. _ . ... ,~: u_y ~.. Matt Mire - 0623973.08.doc ~ Pa e11 this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Associates and the Town, with the Town's execution to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the Town, the Town Manager, after consultation with the Director of Community Development, determines that any proposed amendment or modification constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. In any event the Town Manager will have the unilateral power and authority to furnish any estoppel certificates, approvals, confirmations of whole or partial termination, or other documents or communications contemplated by the provisions of this Agreement: 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 19. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. 20. No Third Party Beneficiary. Except for the corporate affiliates of Vail Associates, who are expressly intended to be third-party beneficiaries of Vail Associates' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in .any respect. Vail Associates' "corporate affiliates" will include any entity which by direct or indirect majority ownership interests is controlled by, controls, or is under common control with Vail Associates. Other corporate affiliates of Vail Associates may have ownership interests in the Property and/or the Core Site, and references herein to "Vail Associates" shall be deemed to include any such corporate affiliate with an ownership interest. 21. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall. constitute one and the same agreement. 22. Recording. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 23. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Vail Associates, and nothing contained in this Agreement shall be construed as making the Town and Vail Associates joint venturers or partners. 24. ~ Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). [Balance of page intentionally left blank] 623973.8 RCFISH OS/3If043:58PM 11 _ __ 8 doc ~ _ _._ ~ ~~...~ Matt Mire 0623973 0 ~ ~ ~ ~ ~" ~~' ,.~_.~,~" ,,~,,.~._ Page 92 IN WITNESS WHEREOF, the Town and Vail Associates have made this Gore Creek Place Development Agreement as of the day, month and year first above written. TOWN: TOWN OF VAIL; a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado By: Name: Title: Town Manager ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_, by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Signature blocks continue on following page] . 623973.8 RCFlSH 08/31/043:58 PM 12 w~ ~ ~ _ ~ w~..~,.~.. ~w~ .~2 .,~,.~. ~~~ ~ _. ~ - ,~ ~. ~.. . ~ _ , u .~ y. ;Matt Mire - 0623973.08.doc Pa a 13 VAIL ASSOCIATES: THE VAIL CORPORATION DB/A VAIL ASSOCIATES, INC, a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_, by as of The Vail Corporation d/b/a Vail Associates, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public [Joinder of Vail Reinvestment Authority follows on next page] 623973.8 RCFISH 08/31 /043:58 PM 13 ire - 0623973.08.doc . JOINDER OF VAIL REINVESTMENT AUTHORITY VAII. REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado, hereby joins in this Gore Creek Place Development Agreement for purposes of adopting, and hereby adopts, the provisions of paragraph 3(c) hereof, In addition, Vail Reinvestment Authority confirms and agrees, as contemplated by paragraph 4(b)(ii) of the Reinvestment Agreement, that this Gore Creek Place Development Agreement satisfies the Qualification Condition under paragraph 4(a)(iii) of the Reinvestment Agreement as applied to Vail Associates. VAIL REINVESTMENT AUTHORITY By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 2004, by as of Vail 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 623973.8 RCFISH 08/31/043:58 PM 14 Matt Mire - 0623973.08.doc '~~ ~ _ _ Page 15 ` EXHIBIT A LEGAL DESCRIPTION OF THE 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 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 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 623973.8 RCFISH 08131/043:58 PM ......~.~. ~... ..~,~, - ~M~. ._ ~...,...,..~ ..._. ._....~. .a...._.~. ~ _ _ ..~.,_.. .. ..~... ~..4-u: ..._v.._ ..w Matt Mire - 0623973.08.doc Pale 16 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. 623973.8 RCFlSH 08/31/04 3:5fl PM A-16 Matt Mire - 0623973.08.doc Pa a 17 Matt Mire - 0623973.08.doc Pa a 18 Matt Mire - 0624051.05.doc ~. ~ '~ Pa e 1 working summary of lionshead core development agreement Prepared on behalf of Vail Associates, Inc. Updated as of September 2, 2004 This document constitutes a working outline and summary of material terms contemplated for a pending development agreement to be made between the Town of Vail (the "Town"), and The Vail Corporation, d/b/a Vail Associates, Inc., acting on-its own behalf and on behalf of its pertinent corporate affiliates (collectively "Vail Associates"). That development agreement will govern certain aspects of Vail Associates' proposed re-development of the site that it owns in the Lionshead azea of the Town of Vail which lies to the north of the Eagle Bahn Gondola facilities and which is commonly referred to as the Lionshead "Core" (the "Core Development Agreement"). This summary has been prepared on behalf of Vail Associates, has been reviewed preliminarily with Town staff, including the Director of Community Development, and is intended as a working tool for consideration by Town Council at its August 17, 2004 meeting. The discussions herein are still at a conceptual stage, will in all likelihood be refined, adjusted and supplemented with additional terms in the final product, and cannot be regarded as binding at this juncture. At the outset it should be noteworthy that Vail Associates by its actions has already evidenced a serious commitment to the Lionshead Core redevelopment, as well as other Vail Associates projects in the Lionshead azea. Vail Associates has already opened and is operating a mazketing and sales facility in the Lionshead Marriott to support its Lionshead projects, including the development project in the Core (the "Core Project"); .has expended significant monies and devoted substantial resources and effort to the design and planning process for the Core Project; and is also presently in the process of preparing a HUD registration application to qualify the marketing of the Core Project under the federal Interstate Land Sales Full Disclosure Act. Vail Associates presently intends that the Core Project be comprised of a mixed- use real estate project, which may include 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 limitation, an outdoor skating rink, open plaza and other azeas allowing for recreational or entertainment activities and amenities, and ski clubs or similar associations or operations relating to sporting, recreational or outdoor activities; and other uses, improvements and facilities complementary, supplementary, ancillary, incidental or related to any of the foregoing, including, without limitation, pedestrian and vehiculaz access ways and facilities, and loading/delivery facilities. The Core Development Agreement will address, among other things, the following terms and requirements in relation to the undertaking of the Core Project: 1. Public Infrastructure. Vail Associates will undertake or cause to be undertaken public surface streetscape improvements within the streetscape azea depicted on 624051.5 RCFISH 08!31/044:26 PM .~..., Matt Mire - 0624051.05 doc Page 2' . Schedule 1 attached hereto (the "Streetscape Improvements"), and also certain surface right-of- way improvements to Lionshead Place adjacent to the Core Project site (the "Lionshead Place Improvements"; the Streetscape Improvements and the Lionshead Place Improvements aze sometimes referred to hereinafter collectively as the "Off-Site Improvements"). The parties will specifically delineate the Streetscape Improvements to be undertaken, in the process of the development plan approvals for the Core Project rendered by the Town's Planning and Environmental Commission ("PEC"), based on scope and quality standards compazable to those historically employed by the Town for streetscape in Vail Village. The required Lionshead Place Improvements will be consistent with those provided for in the preliminary design development plans for the Core Project heretofore submitted by Vail Associates to the Town. The Off-Site Improvements will otherwise be undertaken in accordance with the following: (a) Certain Off-Site Improvements may encroach into third-party property interests. To the extent they do, it will be necessary for the Town to secure the consents of the affected third-party owners. To the extent that those consents cannot be obtained in a timely manner consistent with Vail Associates' construction schedule, then the undertaking of the affected Off-Site Improvements will not condition the development of the Core Project, so long as Vail Associates posts or causes to be posted security with the Town (by a letter of credit or other reasonably acceptable financial device) in an amount based on then prevailing construction values in the mazket. The Town can then undertake the pertinent Off-Site Improvements by recourse to the security provided, if and when the requisitethird-party consents aze obtained, and with the Town to bear any excess costs. (b) No certificates of occupancy, temporary or permanent ("C.O.s"), will be issued for the Core Project until Vail Associates (i) has completed the required Off-Site Improvements, or (i) has posted or causes to be posted security for the remaining incomplete items with the Town (again by letter of credit or-other reasonably acceptable financial device), in an amount equal to 125% of the projected construction costs of those remaining items. If security is so posted, Vail Associates will exercise commercially reasonable efforts to complete the remaining items within one yeaz after the issuance of all initial C.O.s within the Core Project, whether temporary or permanent, but subject to force majeure delays (including prevailing weather conditions that may preclude the effective institution of landscaping or other affected elements of the Off-Site Improvements). Vail Associates will warrant the Off-Site' Improvements fora 2-year period. (c) The parties will act reasonably to coordinate the construction of the required Off-Site Improvements with other public infrastructure construction projects being undertaken by the Town, so long as such coordination does not cause any material delays in the construction schedule for the Off-Site Improvements and/or Core Project, any material increases in related construction costs, or other material interference with the construction of the Off-Site Improvements or the Core Project. In any event, if any delays are incurred by Vail Associates in its construction schedule as a result of such coordination, then the security requirements under paragraph (b) above will be deferred for a commensurate period with respect to the Off-Site Improvements that are delayed; in 624051.5 RCFlSH 08/31/044:26 PM 2 _ ....~... . ..M..m,w:~ ~ ~...: ~.~ ..~. ~ .~,.. _ n..~.w ...~..~ ._ ...ar.:.... ~.....~....._ ...~~ Matt Mire - 0624051.05.doc Pa e'3 ~.~ ... .., K- ._._ .....,, ..,.~ .,_~..,, _ ....,. addition, when that security is required to be posted, it will be in amounts based on the construction values that would have been applicable had the delays not occurred (and the Town will bear any incremental costs over and above those construction values). 2. Road Impact Fee. Vail Associates will have prepared and submit to the Town, for its acceptance and approval, a traffic study to evaluate the projected trip generations produced from the development of the Core Project. The evaluation of the trip generations, and the acceptability of the traffic study, will be undertaken and determined in material conformity with the Town's historical traffic engineering practices and policies consistently applied. As a condition to the issuance of any C.O.s for the Core Project, Vail Associates will be responsible to pay and/or provide in-kind consideration for a traffic impact fee to the Town equal to $5,000.00 multiplied by the number of trip generations attributable to the Core Project during the peak hour period, as established by the accepted traffic study, which fee may be satisfied by payments and/or credits in accordance with the Town's current prevailing standards . and policies, consistently applied, that are generally employed for development projects in the Town. Any portion of this fee paid in cash will be applied by the Town, in reasonable consultation with Vail Associates, to traffic and road system improvements at the two intersections of West Lionshead Circle with Frontage Road. Employee Housing. (a) Upon undertaking the Core Project, Vail Associates will be required to replace the resulting loss of employee housing (i. e., the number of "beds" lost) at the existing Sunbird Lodge, which will be razed and redeveloped as part of the Core Project, and to add incremental employee housing (again determined pursuant to a requisite number of "beds") corresponding with the employee housing burdens generated by the Core Project development as and when actually developed, with the replacement and incremental housing anticipated to be approximately 140 beds in the aggregate. The requirement for incremental housing will be determined during the development plan review process for the Core Project in accordance with the current prevailing standards and policies, consistently applied, that. are generally employed for development projects in the Town. The replacement housing for the Sunbird Lodge and .such incremental housing are sometimes referred to hereinafter collectively as the "Core Employee Housing Requirements." The Core Employee Housing Requirements will be satisfied from housing within the Lionshead area of the Town of Vail, or any other location that maybe approved by PEC in the development plan process ("Acceptable Locations"). (b) The provision of required employee housing to satisfy the Core Employee Housing Requirements will act as a condition to the issuance of any C.O.s for the Core Project, but will not be required before that time. Vail Associates may provide required employee housing on an interim basis, except that ultimately Vail Associates will be required to furnish permanent facilities for the Core Employee Housing Requirements in accordance with paragraph 4(a) or 4(b) below, as applicable. (Pursuant to the standards set forth above, Vail Associates will also furnish, independently of the Core Project, incremental employee housing as necessary to address the housing burdens generated by the Vail Associates projects to be undertaken and commonly known as the 624051.5 RCFISH 08/31/044:26 PM "West Day Lot" and the "Front Door," as and when each of those projects actually commences, with each project to be treated severally in its own development agreement.) 4. Timber Rid a Project. (a) For a period of sixty (60) days .after the making of the Core Development Agreement, the Town and Vail Associates will enter into negotiations to establish a mutually acceptable financial structure involving Vail Associates' participation which will facilitate the redevelopment of the Town's Timber Ridge apartment project ("Timber Ridge") for employee housing, provided that no obligation will arise to undertake any such financial structure unless and until the parties mutually agree upon the governing terms in writing. The alternatives to be considered for such financial structure may include the following: (i). Vail Associates would act as a mortgage lender, making a non-recourse loan to the Town in furtherance of the redevelopment, such loan to be secured by a deed of trust lien against Timber Ridge that is subordinate to the existing fmancing encumbering Timber Ridge. (ii) Vail Associates would make a capital contribution to the Town under a "cash-in-lieu" structure, i. e., in lieu of Vail Associates' developing its own permanent facilities for purposes of satisfying the Core Employee Housing Requirements. Under any agreed-upon structure, Vail Associates, in exchange for its financial participation, will be entitled to an allocation within Timber Ridge of a number of beds sufficient to satisfy the Core Employee Housing Requirements. To use such allocation, or any portion thereof, Vail Associates will be required to lease, and/or have its employees lease directly, the applicable number of beds at prevailing market rates from time to time (and with Vail Associates to receive appropriate market discounts for leases made in bulk). The implementation of any such financial structure for redeveloping Timber Ridge will satisfy all obligations of Vail Associates to furnish permanent facilities for the Core Employee Housing Requirements. (b) If the parties do no reach written agreement on such financial structure within sixty (60) days after the makirig of the Core Development Agreement, then Vail Associates will become bound, within five (5) years. thereafter, to satisfy the Core Employee Housing Requirements from other permanent facilities at alternative Acceptable Locations. As used in this paragraph 4 and paragraph 3 above, "permanent facilities" shall mean either Timber Ridge, if redeveloped by the parties pursuant to paragraph 4(a) above, or alternatively any building structures owned by Vail Associates and/or its affiliates which meet the requirements for the applicable type "EHUs" under the Town Code. (c) So long as Timber Ridge is not being redeveloped, and the necessary EHUs are made available therein in conformity with the prevailing market 62405L5 RCASH 08/3 U044:26 PM 4 Matt Mire - 0624051.05.doc Page 5 lease rates (as referenced in paragraph 4(a) above), and in a good and habitable condition, Vail Associates will provide its outstanding needs from time to time for any interim employee housing, as necessary to satisfy the Core Employee Housing Requirements, by leasing within Timber Ridge. Vail Associates specifically agrees that it will enter into and/or cause the making of leases for 95 units within Timber Ridge for a period of two (2) years, commencing November 1, 2004, so long as by that date (i) Vail Associates has received all requisite PEC and Town Design Review Board approvals for the Core Project, with all rights of call-up by Town Council or appeal having expired without any exercise of the same, and (ii) the condemnation,oftbe Gore Creek Property and Core Site has been completed, and the Gore Creek Property and Core Site have been conveyed to Vail Associates, pursuant to the Lionshead Reinvestment Agreement dated August 3, 2004, and made among Vail Associates, Vail Reinvestment Authority, and VAMHC, Inc., and joined in by the Town (the "Gore Creek Property" being defined in that Agreement). The lease rate will be $1,075 per unit per month, with the Vail Associates'- related leases being allocated 165 parking spaces in the aggregate. When this lease relationship is entered into, it will count toward satisfaction of the Core Employee Housing Requirements, as the same may be applicable during the term of this lease relationship, and Vail Associates' existing lease(s) in Timber Ridge for 52 units will be terminated. 5. Loadin elivery Facility. Vail Associates will construct within the Core Project aloading/delivery facility with eight (8) loading/delivery bays, which will be in excess of the five bays required by the Town Code for the Core Project as a private facility. The bays will be made available for public use by grant of appropriate public easement to the Town, complemented by appropriate use regulations assuring adequate loading/delivery capacities for operations and uses within the Core and in relation to Vail Mountain (including ski operations). The public easement will include provisions for sharing, between Vail Associates and the Town, of operating, maintenance, repair and replacement costs attributable to the loading/delivery facility, which sharing shall_be based equitably on relative use. 6. Town Property Transfers. In connection with the Core Project, the Town will undertake the following property dispositions: (a) Contemporaneously with the Town's issuance of the fast building permit or permits for the Core Project, the Town will convey to Vail Associates fee title to those portions 'of Tract C, VaiULionshead First Filing, and Tract C, VaiULionshead Third Filing (collectively "Tract C"), that are presently owned by the Town and that ultimately will be encroached by Core Project improvements, as set forth in the development plans for the Core Project approved by PEC and DRB. Specific legal descriptions for those encroachment areas will be established administratively during the Town's approval processes governing the final plans for issuance of building permits for the Core Project, and/or any replatting process for the Core Project site. (b) In conjunction with the Core site transfers under paragraph 6(a) above, the Town will also vacate the existing public right-of--way for Red Sandstone Road within the "Holy Cross" site owned by Vail Associates which is presently operated 624051.5 RCFISH 06/31/044:26 PM Matt Mire - 0624051.05.doc Pa e 6 as an employee parking area. The vacation will be subject to continuing non-exclusive access rights in favor of the Colorado Department of Transportation ("CDOT") as necessary to furnish CDOT ingress and egress to and from its adjacent property in the I-70 right-of--way (to be described more definitively in the final Core Development Agreement). The Core site conveyances will be authorized by Town Council under the terms of the Core Development Agreement, with a delegation of authority from Town Council to the Town Manager, acting in consultation with the Town Attorney, to execute a special warranty deed or deeds for effectuating those conveyances. The vacation of Red Sandstone Road under paragraph (b) above will be undertaken by the Town's adoption of a vacation ordinance contemporaneously with the issuance of the initial building permit(s) for the Core Project (which will not be construed to include any grading permit for grading or other site preparation work). 7. Vail Associates' Property Transfers. Contemporaneously with the property dispositions by the Town under paragraph 6 above, Vail Associates will quitclaim to the Town: (a) All of Vail Associates' right, title and interest, if any, in and to that certain land at the Town's public works facility which is currently used as a snow dump and its surrounding perimeter; and (b) All of Vail Associates' right, title and interest, if any, in and to that certain parcel of land located to the north of the I-70 interchange at East Vail. The foregoing properties will be quitclaimed by legal descriptions prepared by the Town and given the approval of Vail Associates. 8. Courtyard Access. Vail Associates will convey appropriate public easements to the Town for public use of the internal courtyard access ways within the Core Project that will be owned by Vail Associates contemporaneously with the initial issuance of any C.O.s for the Core Project. 9. Metropolitan Districts and Public Finance. (a) The Town will support Vail Associates in any action taken by Vail Associates to form one or more metropolitan districts whose boundaries may be inclusive of the Core Project site and any other development sites owned by Vail Associates, and specifically excluding third-party interests (the "Metropolitan Districts"). The Metropolitan Districts may be employed for uses and purposes contemplated herein . or authorized by law in connection with the Core Project and other Vail Associates development projects, including, without limitation, their construction and maintenance of the internal courtyard area within the Core Project and planned skating rink and other related amenities and facilities, and their undertaking of public improvements and functions and obligations under the Core Development Agreement that may be delegated to them. The Town will be responsible for maintenance of access ways and other 624051.5 RCPISH 06/]1/044:26 PM 6 -_._ w_.:~ .~~_~....... .:.,.,._.,....~.._.....~v..... _.~, _„~....,~~,...,F.~,.,. _~.~..w.... __. , ;Matt Mire - 0624051.05.doc ~~ Pa e 7 f ~~ facilities on the perimeter of the Core Project that will be located within the Tract C areas which the Town will continue to own. (b) Neither Vail Associates nor the Metropolitan Districts will be allocated any portion of the tax increment financing (TIF) that may be generated in the future from the mill levies of existing governmental entities for purposes of financing any public infrastructure or other improvements to be undertaken in conjunction with the Core Project. Conversely, the Town, acting in concert with the Vail Reinvestment Authority ("VRA"), will work with Vail Associates to establish a TIF structure and supporting agreements, in the Core Development Agreement and otherwise, to the end that the Metropolitan Districts can be allocated and rebated the TIF .component attributable to the Metropolitan Districts' mill levies, ,for the Metropolitan Districts' authorized purposes, so long as the TIF inuring to VRA from the mill levies of other governmental entities is not reduced as a result. In exchange, the Metropolitan Districts, to the extent legally permissible, will be subject to agreements that they will not challenge the resulting TIF structure. 10. Vested Ri ts. Vail Associates will be granted a statutory vested right to develop the Core Project in accordance with the development plan approvals and pursuant to the Core Development Agreement for a period of four (4) years. 11. Development Easements. In connection with the Core Project development, the Town will vacate or abandon pre-existing utility easements in its favor that have locations conflicting with the approved redevelopment and the corresponding reconfigurations of water, sanitary sewer, storm drainage, and "dry" utilities, and any new routing of public emergency access. In replacement of those conflicting easements, the Town will grant, across and upon any pertinent easement or property ownership interests held by the Town, and accept, from Vail Associates and other applicable third-party owners, new corresponding public easements for the affected utility and other services as reconfigured for the redevelopment. Such new easements may be established either as part of any replatting process, or by separate grant, with title in sufficient condition for the use of the intended easement purposes. 12. Public Art. Vail Associates will fund $1,000,000.00 in public art in conjunction with the development of the Core Project. Vail Associates will determine the type and location of the art to be provided, subject to obtaining and giving reasonable consideration to input from the Vail Arts Board (the "Art Board"). Such input will be provided at a regularly scheduled public meeting of the Art Board. Vail Associates will furnish an initial proposed conceptual plan for the public art to the Art Board prior to the issuance of any building permits for the Core Project (for this and other purposes, building permits will not include grading permits or similar approvals authorizing grading or other site work). The timing for the installation of the public art will be reasonably incorporated by Vail Associates into the Core Project construction schedule in accordance with generally prevailing construction practices. 13. Transit Facility. The parties will mutually acknowledge under the Core Development Agreement that the Vail Associates development site commonly known as the "North Day Lot" will be allocated in part to use as a public transit center (as contemplated by the 624051.5 RCFISH O8/3l/044:26 PM Matt Mire - 0624051.05.doc Pa e 8 Lionshead Redevelopment Master Plan), provided that the public transit center functions must integrate with office and employee housing uses or any other uses by right implemented by Vail Associates in accordance with applicable zoning (it being acknowledged, that the North Day Lot is a primary site available for satisfying employee housing requirements under paragraph 3 above). Accommodation of the public transit center may include the necessity of the Town's conveyance to Vail Associates of adjacent incremental land azea. The Town will bear any incremental development costs associated with any development plan adjustments made to accommodate the public transit center, as well as the development of the transit center itself, and also.the transit center's ongoing maintenance costs. In conjunction with the development of the North Day Lot project, Vail Associates will grant the Town an appropriate public easement for public use of the transit center facilities ultimately developed therein. The development of the North Day Lot will not act as any condition to development of the Core Project. 624051.5 RCFISH 08/31/094:26 PM Matt Mire - 0628225.01.doc ~ ~ y,. ~ Page 1 PARING CAPITAL INVESTMENT AGREEMENT THIS PARKING CAPITAL INVESTMENT AGREEMENT (this "Agreement"), is made effective as of the _ day of 2004, by and between THE VAIL CORPORATION, DB/A VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"), and the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"). RECITALS A. Vail Associates is the owner of certain real property in the Lionshead azea of the Town of Vail, Eagle County, Colorado, which is legally described on Exhibit A attached hereto and lies approximate to Gore Creek (the "Gore Creek Property"). Vail Associates has secured approvals from the Town's Design Review Board and other Town agencies of certain design and development plans (the "Gore Creek Design Approvals") for the development of a residential duplex project, consisting of 16 residential units, to be located within the Gore Creek Property, and presently intended to be developed under the tradename "Gore Creek Place" (the "Gore Creek Project"). B. The parties mutually acknowledge and agree that as a requisite part of and as a remaining Town requirement for the rendering of the Gore Creek Design Approvals, and as a condition to Vail Associates right and ability to undertake the Gore Creek Project, Vail Associates must undertake certain obligations to make a capital investment in additional public parking facilities for the Town of Vail, which undertaking shall be in accordance with and subject to the terms of this Agreement. But for the making of this Agreement, Vail Associates would not be eligible to secure the remaining building permit and other construction approvals from the Town that aze requisite to proceeding with the Gore Creek Project. It is mutually intended that Vail Associates' capital investment in this regard be applied efficiently to maximize the resulting community benefit by the enhancement of public parking. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Capital Investment in Parking. Subject to the following terms and conditions, Vail Associates agrees to make or cause the making of a capital investment in public parking in the Town of Vail in the amount of $4,300,000 (the "Pazking Investment"). This obligation to make the Pazking Investment will apply only (i) to the establishment of new permanent public parking facilities in the Town that are owned by the Town and that act as an increment to the inventory of public parking facilities presently available in the Town, or alternatively (ii) to other means of augmenting the Town's public parking supply that may be acceptable to and approved in writing by Vail Associates in its discretion (the "Requisite Parking Increment"). If the Town is to provide the Requisite Parking Increment pursuant to new permanent facilities under clause (i) above, then the plans and specifications therefor (the "Parking Plans") will be subject to the prior written approval of Vail Associates, not to be 628225.1 RCFISH 08/30/04 11:33 AM Matt Mire - 0628225.01.doc ~.w ~ a ~ u Pa e 2 __. unreasonably withheld. Vail Associates agrees that it will fund the Parking Investment in hand to the Town within days after satisfaction of the following conditions, with such satisfaction to be reasonably substantiated to Vail Associates: (a) The Town has entered into bona fide binding construction contracts or other agreements, made on anarm's-length basis with third parties, for the provision of the Requisite Parking Increment in accordance with the approved Parking Plans; (b) Those applicable construction contracts or agreements expressly establish payment and funding obligations of the Town (the "Project Costs") in furtherance of providing the Requisite Parking Increment in amounts that on their face equal or exceed $4,300,000; and (c) On-Site construction or other work for furnishing the Requisite Parking Increment (the "Parking Project") has actually been commenced ("Project Commencement"). 2. Change Orders. Following Project Commencement, the scope or specifications for the Parking Project may be modified by the Town pursuant to a change order with its applicable contractor(s), provided that the terms of any change order (including modifications to the Parking Plans and to the resulting Project Costs) will be subject to the prior written approval of Vail Associates, not to be unreasonably withheld. Any change orders so approved will become part of the approved Parking Plans for purposes of proceeding with the Parking Project. If any such change order provides for any cost savings for the Parking Project, or any such cost savings otherwise accrue, which ieduce the Project Costs below $4,300,000, then those cost savings will be remitted by the Town to Vail Associates upon. completion of the Parking Project. 3. Diligent Completion. Following the Project Commencement and the funding of the Parking Investment, the Town will cause the Parking Project to be diligently prosecuted and completed in accordance with the approved Parking Plans and the governing construction contracts or agreements, such that it maybe lawfully used for its intended purposes.. Upon the completion of the Parking Project, the Town shall forthwith give Vail Associates written notice thereof, such notice to be accompanied by an accounting made in reasonable detail of the Project Costs, and an architect's certification and/or other documentation reasonably substantiating the completion of the Parking Project in substantial conformity with the approved Parking Plans. 4. Failure of Project. In the event the Parking Project is commenced but then abandoned, or the Town otherwise fails to complete the Parking Project in accordance with the terms of this Agreement, then the Parking Investment will be rebated to Vail Associates. 5. Notices; Business Davs. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the 628225.1 RCFISH 08/30/04 11:33 AM 2 ..~ ~.~ ~.. .....,,.., _. mx,.. w.._ ~~~.._.w.-.........~.. ~~ ~.. ~..A..,__ .x.,_ ,..~,._~ ..-.~,.,~.. ~.,w,: Matt Mire - 0628225.01.doc ~ Pa e 3 intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below: If to Vail Associates: 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) 845-2339 with a copy to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Kursten Canada, Esq. Fax No.: (970) 845-2555 . If to Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager Fax No.: (970) 479-2157 with a copy to: Town of Vail . 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.:. (970) 479-2157 628225.1 RCFISH 08!30/04 I I:J3 AM 3 Matt Mire - 0628225.01.doc Pa e 4 Either party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed .extended to the next succeeding business day thereafter. 6. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby; and in lieu of the affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similaz as possible in content to the affected provision. It is generally intended by the parties that this Agreement and its sepazate provisions be enforceable to the fullest extent permitted bylaw. 7. Entire Agreement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 8. Rules of Construction. The headings which appear in this Agreement aze for purposes of convenience and reference and are not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singulaz shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 9. Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by resolution. As part of that resolution, the Town Council will designate and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Associates and so executed as set forth above by the Town Manager. 10. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instnunent executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Associates and the Town, with the Town's execution to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the 628225.1 RCFlSH 0&30/0411:33 AM 4 Matt Mire - 0628225.01.doc _ Page 5 i Town, the Town Manager, after consultation with the Director of Community Development, determines that any proposed amendment or modification constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. In any event the Town Manager will have the unilateral power and authority to furnish any estoppel certificates, approvals, confirmations of whole or partial termination, or other documents or communications contemplated by the provisions of this Agreement. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 12. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. 13. No Third Party Beneficiary. Except for the corporate affiliates of Vail Associates, who are expressly intended to be third-party beneficiaries of Vail Associates' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such. third party have any rights to enforce this Agreement in any respect. 14. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 15.. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Vail Associates and the Town and their respective successors and assigns. 16. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Vail Associates, and nothing contained in this Agreement shall be construed as making the Town and Vail Associates joint venturers or partners. 17. Attorne, sue. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment; the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). (Balance of page intentionally left blank] 628225.1 RCFlSH 08/30/041133 AM 18. IN WITNESS WHEREOF, the Town and Vail Associates have made this Gore Creek Place Development Agreement as of the day, month and year first above written. TOWN: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado By: Name: Title: Town Manager ATTEST: Lorelei Donaldson, Town Clerk [Signature blocks continue on following page] 628223.1 ACFlSH 08/}0104 11:33 AM Matt Mire - 0628225.01.doc Pa e 7 VAIL ASSOCIATES: THE VAIL CORPORATION DB/A VAIL ASSOCIATES, INC., a Colorado corporation By: Name: Title: 628225.1 RCFISH 08/30/04 1 L•33 AM / ~4 DRAFT Memorandum To: Town Council From: Stan Zemler Judy Camp Date: September 2, 2004 We are attaching the following information for the budget discussion on Tuesday: - Budget Calendar - Second Supplemental Appropriation of 2004 • Proposed Adjustments Worksheet (S-1 through S-2) • Capital Projects Fund (C-1 through C-3) • Real Estate Transfer Tax Fund (R-1 through R-2) • General Fund (G-1) • Conference Center Fund (CC-1) • Ordinance No. 21 Budget Calendar The calendar is updated to reflect completed items and to move three items from September 7 to September 21. The discussion on contributions has been moved to allow additional time for staff and Council review of the requests. The first drafts of the Capital Projects and Real Estate Transfer Tax Funds Five-Year Projections have been moved to allow for discussion of East Meadow Drive snowmelt and Real Estate Transfer Tax uses to occur before the drafts are presented. Second Supplemental Appropriation of 2004 This ordinance was approved on first reading on August 17, 2004 and there have been no chariges to the ordinance. Version 4 Changes Highlighted Town of Vail Proposed 2005 Budget Timetable Contributions Council criteria discussion Deadline for return of packets Commission on Special Events presentation to Council WCTB presentation to Council VCBA presentation to Council Council evaluation of requests and direction for 2005 budget Budget Guidelines Council discussion of budget timetable Council discussion of budget philosopies Budget Discussion w/ Department Heads Guidelines distributed to department heads Presentation of 2003 audit report to Council Compensation and benefits presentation Parking Task Force Meeting 2004/2005 parking program recommendation Budget Preparation Capital budget request for county funds submitted Staff prepares departmental budgets Council discussion of major revenue items Council review of first draft of 5-year capital projection Council review of first.draft of 5-year RETT projection Council review of AIPP master plan/2 year plan Donovan Pavilion Mgmt Co budget presentation to council Council review of second draft of 5-year capital projection Council review of second draft of 5-year RETT projection Town Manager reviews departmental budgets Town Manager's budget complete Council review. of first draft proposal . __ . _ _ ___ _. Council review of second draft proposal Budget Documentation and Reporting First reading of 2004 Supplemental Number Two Second reading of 2004 Supplemental Number Two First reading of 2005 budget ordinance Second reading of 2005 budget ordinance First reading of mil levy certification ordinance First reading of 2004 Supplemental Number Three Second reading of mil levy certification ordinance Second reading of 2004 Supplemental Number Three Mil levy certification deadline to Eagle County Budget book submission 05/18/04 07/30/04 08/17/04 08/17/04 08/17/04 Complete Complete Complete Complete Complete ~ ~~?,09/21 /04 ~.~. 05/18/04 06/15/04 06/22/04 07/01 /04 08/03/04 '09/07/04 09,'13!04 09!21 /04 Complete Complete Complete Complete Complete 06/11 /04 07/19/04 to 08/03/04 09/21 /04 09121 /04 09/21 /04 09/21 /04 10/05/04 ; 10/05/04 08/18/04 to OJl24/04 10/05/04_ _ _ _ _, 10/19/04 Complete 08/13/04 Complete 09/03/04 08/17/04 .Complete _~ 09/07/04 11 /02/04 11 /16/04 11/16/04 11/16/04 12/07/04 12/07/04 12/15/04 12/31 /04 Proposed Supplemental Appropriations and Budget Adjustments #2 of 2004 Version 1 Second Reading Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Capital Projects Fund Sales Tax ~ 274,200 Multi Purpose Recreational Facility ' 500,000 funding from general fund, fund balance Multi Purpose Recreational Facility ~ 337,290 funding from Eagle River Water & Sanitation Multi Purpose Recreational Facility ~, 215,000 funding from Eagle County School District Multi Purpose Recreational Facility 250,000 VRI funding Multi Purpose Recreational Facility ~ 1,432,290 construction of Multi Purpose Recreational Facility Streetscape 250,000 Village restrooms Salary 5,053 Construction Inspector to help with increased activity Benefits 1,263 Construction Inspector to help with increased activity Subtotal Capital Projects Fund 1,576,490 1,688,606 RETT Projects Fund Real Estate Transfer Tax Recreation Amentites Fee RETT Fees Professional Fees Subtotal RETT Projects Fund General Fund 2nd Home study Professional Fees Transfer to Capital Projects Fund Click It or Ticket It Police salaries Police Benefits Shared Costs Building Inspector Building Inspector Benefits Com Dev Com Dev Benefits Construction Inspector Construction Inspector Benefits Plan Check Fees Professional Fees Construction Permits 950,000 projected increase based on current data 40,000 increase due to redevelopment activity 47,500 increase in fees due to an increase in revenue 41,683 White Water park legal fees 990,000 89,183 16,019 DOLA grant 16,019 DOLA grant disbursement 500,000 Multi Purpose Recreational Facility 1,680 revenue from state for the Click it or Ticket it program 1,460 Click it or Ticket it 220 Click it or Ticket it 67,615 5 months of Phase II Vail Resorts Development Agreement 15,760 Building Inspector to help with increased activity 3,940 Building Inspector to help with increased activity 11,615 Planner to help with increased activity 2,905 Planner to help with increased activity 12,569 Construction Inspector to help with increased activity 2,565 Construction Inspector to help with increased activity 23,280. Add'1 revenue in plan check fees 23,280 Out sourcing plan check fees 173,000 increase in construction activity Supp 2 of 2004 040812 S-1 9/1/04 2:07 PM Proposed Supplemental Appropriations and Budget Adjustments #2 of 2004 Version 1 Second Reading Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Street Cut Fees/PW Permits 7,825 increase in activity Design Review Fees 19,510 increase in construction activity Road & Bridge Revenue (14,000) actual to date is down Franchise Fees-Public Service 25,200 increase in fees due to increase in gas prices RETT Management Fees 47,500 due to the increase in RETT Conference Center Fees 4,250 due to the increase in sales tax Charter Bus 21,800 increased charters May through July Subtotal General Fund 393,679 590,333 Conference Center Fund Sales Tax Collection Fees Professional Fees Design Fees Subtotal Conference Center Fund Total All Funds 85,000 increase in sales tax 4,250 due to increase in sales tax 270,000 next steps for Conference Center 630,000 next steps for Conference Center 85,000 904,250 3,045,169 3,272,372 Supp 2 of 2004 040812 S-2 9/1/04 2:07 PM Version 1 2nd Reading of Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 2003 Amended Actuals Budget Revenue Sales Tax Federal Grant Revenue Lease Revenue CDOT Reimbursement Buy-Down Program Sale of Assets Transfer from Dispatch Service Fund Transfer from General Fund Project Reimbursement Eagle County Grant Revenue Interest Income & Other Total Revenue Expenditures Equipment Purchases Document Imaging Software & Hardware Upgrades Web Page Development/Ecommerce Eagle County CAD / RMS Project Radio System East Vail Repeater Console Equip-911 upgrade Police Vehicles Hardware Laptop - - - Video- Security for Jail- -- - - - -- - - Patrol Car Video Cameras QRV for Fire Dept Fire Department Breathing Apparatus Repower Buses Replace Buses GPS for Buses 800 MHz radio system Police Vehicles Council Chamber Sound System Subtotal Equipment. Purchases 5,893,821 $ 6,1.18,520,_ 89,700 2,807,929 146,147 150,000 167,771 40,322 173,708 - 1,000,000 - 90,000 110,000 500,000 178,525 969,2.90 366,000 90,750 50,000 7,830,422 11,112,061 116,394 40,000 102,671 172,000 12,000 323,842 ' 676,600 10,579 - 345,754 - 69,500 - 68,485 - -~ - - - - - - - 11-,500 - - 22,500 107,370 25,000 15,484 - 3,739,490 150,000 151,898 - 279,200 16,515 - 1,152,637 5,304,145 SUPP 2 by Fund 040812 C-1 Version 1 2nd Reading of Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2003 Actuals Capital Maintenance Bus Shelter Replacement Bear Proof Trash Containers Capital Street Maintenance Parking Structure Maintenance Parking Structure Improvements General Facility Improvements Subtotal Capital Maintenance Street Reconstruction Other Bighorn Flood Remediation Spruce Way & Columbine Vail Valley Drive -Design Vail Valley Drive - 1st Phase Subtotal Street Reconstruction Buildings & Improvements Town Manager's Residence Town Manager's. office Library Building Remodel Village Inn Condo Fire infrastructure improvements Fiber Optics in Buildings Dobson Ice Arena Way Finding Improvements Town Shop Imp -Storage Project Donovan-Park Pavilion- ---- - - Indoor Recreation/Gymnastics Subtotal Bldgs /Improvements Streetscape Projects West & East Meadow Drive Village Streetscape Subtotal Streetscape Projects Housing Program Mountain Bell Housing Ruins Buy-Down Program 9,750 2004 Amended Budget 30,250 625,580 840,000 180,000 271,042 340,000 427,374 571,286 1,333,746. 1,961,536 158,250 - 310,133 - 312,567 - 780,950 - 50,000 5,022 7,343 87,013 - 1,970 177,367 85,000 16,636 16,250 14,426 85,573 552,565 - 2,133,166 - - - - 33,465--- - - - - - 55,415 1,612,290 2,866,213 2,067,288 47,139 204,617 87,095 2,267;425 134,234 2,472,042 35,226 16 142,799 100,000 SUPP 2 by Fund 040812 C-2 Version 1 2nd Reading of Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Timber Ridge .Timber Ridge Loan Subtotal Housing Program Lionshead Improvements Lionshead Improvements Subtotal Lionshead Redevelopment Other Improvements Loading and Delivery Studies Street Light Improvement Program Drainage Improvements Vail Today I-70 Noise Memorial Park Loan Children's Garden of Learning Subtotal Other Improvements Total before Transfers Transfer for Debt Service Total Expenditures 2004 2003 Amended Actuals Budget 52,029 925,000 230,070 1,025,000 64,463 404,61 ~6 64,463 404,616 8,200 - 45,480 50,000 15,545 .75,000 6,390 - 88,196 363,303 50,000 - 213,811 488,303 6,776,124 13,722,930 1,942,620 2,337,897 8,718,744 16,060,827 Revenue Over (Under) Expenditures (888,322) (4,948,766) Beginning Fund Balance - - -~ 8;942;580- -- 8,054;258 - -- - Ending Fund Balance $ 8,054,258 $ 3,105,492 SUPP 2 by Fund 040812 C-3 Version 1 2nd Reading of Supplemental 2 Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures 2004 2003 Amended Actuals Budget REVENUE Real Estate Transfer Tax Golf Course Lease Lottery Revenue Project Reimbursements Interest Income & Other Recreation Amenity Fees Total Revenue 3,270,723 $ 3,700,900 107, 941 112, 579 22,295 20,000 38,286. 50,000 124,359 50,000 12,928 50;000 3,576,532 3,982,579 EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Alpine Garden Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Bear Proof Containers Park, Path & Landscape Maintenance Subtotal Maintenance Recreation Path/Trail Development Trail Signs Trailhead Development N. Frontage Rd. (School to Roundabout) - Gold Peak to Soccer Field - " - - Village Streetscape Design & Implement Subtotal Pathways 87,000 1;85;000 254,107 135,200 50,000 75,000 14, 584 60, 000 18,620 25,000 105,750 150,000 17,100 9, 500 687,945 857,281 1,235,106 1,496,981 10, 898 20,000 650,000 335,000- _ . - _ - 0--. .. _ . _ 410,851 1,750,000 756,749 2,420,000 Capital Maintenance Raw Water Project Playground Safety Improvements Pirate Ship Park -Per Safety Plan Big Horn Park -Per Safety Plan Public Art Subtotal Capital Maintenance 20,622 229,097 32,605 235 299,765 225,000 74,166 109,213 95,023 895,680 SUPP 2 by Fund 040812 R-1 Version 1 2nd Reading of Supplemental 2 Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures Park Development Donovan Park White Water Park Gore Creek Promenade Bridge Red Sandstone School Soccer Site Property Acquisition Vail Memorial Park Subtotal Park Development 2004 2003 Amended Actuals Budget 136,531 53,000 ,, 1,180 ~.:~ 149,683 227 100,000 2,300 - 676 - 4, 325 - 145,239 302,683 Open Lands Subtotal Open Lands Project Management Parks and Landscaping AIPP Subtotal Project Management 76,138 78,827 72,134 27,435 148,272 106,262 Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2,380,389 5,221,606 1,196,143 (1,239,027) 5,084,315 6,280,458 $ 6,280,458 $ 5,041,431 SUPP 2 by Fund 040812 R-2 Version 1 2nd Reading of Supplemental 2 TOWN OF VAIL 2004 BUDGET UMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANC GENERAL FUND 2004 2003 Amended Actuals Budget Revenue Local Taxes: , Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines 8~ Forfeitures Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Total Revenue 8,840,731 8,881,480 2,822,742 2,646,945 2,273,055 2,420,500 620, 511 668, 700 1,095,698 1, 209;935 1,518,855 1,355;688 2,993,378 2,945 ,700 567,672 _ 681;035 201,458 189,250 113,270 109,000 616,411 707,142 236,729 166;012 21,900,510 21,981,387 Expenditures Salaries Overtime Benefits Subtotal Compensation and Benefits Contributions and Special Events All Other Operating Expenses Heavy Equipment Operating Charges Heavy Equipment Replacement Charges Dispatch Services Total Expenditures Revenue Over (Under) Expenditures Before Transfers Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance 9,121,587 _9,603;336 ~ ' 470,162 463,627 3,193,732 3,456;996 12, 785, 481 13, 523, 959 1,184, 765 1,167, 346 4,147,852 4,720,556 1,341,469 1,469,908 397,712 405,467 450,531 463,813 _ 20,307,810 21,751,0.49 1,592,700 230,338 (500,000}~~ 8,784,044 $ 10,376,744 $ 10,376,744 $ 10,107,082 SUPP 2 by Fund 040812 G-1 Version 1 2nd Reading Supplemental 2 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2004 2003 Amended Actuals Budget Revenue Sales Tax 1,703,864 1,740,000 Public Accomodations Tax 1,573,289 1,605,000 Penalties and interest on delinquent taxes 4,598 - Interest on Investments 18,824 - Total Revenue 3,300,575 3,345,000 Expenditures Office Supplies 4,751 4,000 Postage and Shipping 1,000 1,300 Professional Fees 104,438 270;000 Design Services - 830,000 Contract Services - - Management Fee (general fund) 163,848 167,250 Total Expenditures 274,037 1,272,550 Revenue Over (Under) Expenditures 3,026,538 2,072,450 Beginning Fund Balance - 3,026,538 Ending Fund Balance 3,026,538 5,098,988 SUPP 2 by Fund 040812 CC-1 9/1/04 ORDINANCE NO. 21 SERIES OF 2004 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND THE CONFERENCE CENTER FUND OF THE 2004 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2004 which could, not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.24, Series of 2003, adopting the 2004 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2004 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 590,333 . Capital Projects Fund 1,688,606 Real Estate Transfer Tax Fund 89,183 Conference Center Fund 904,250 Total $3,272,372 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings 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. 5. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2004, and a public hearing shall be held on .this Ordinance on the 7th day of September, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED in full on this 7~' day of September, 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk '+ ~ MEMORANDUM TO: Town Council FROM: Community Development Department DATE: September 7, 2004 SUBJECT: Request to proceed through the development review process with a proposal to construct private improvements on Town of Vail property. Applicant: Crossroads East One. LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 1. DESCRIPTION OF THE REQUEST Request to proceed through the development review process with a proposal to construct private improvements on Town of Vail property. 11. BACKGROUND It is the desire of Crossroads East One, LLC to apply for a redevelopment application to create a Special Development District (SDD) for the existing Crossroads parcel (Attachment A). In conjunction with that application there are several improvements which are proposed within the Town of Vail right-of-way for Village Center Drive and East Meadow Drive. Since Crossroads is proposing to construct and alter Town of Vail property, Town Council permission is required to proceed through the development review process. The design of project has not yet been finalized, but in general the applicant is asking to: • Construct subterranean improvements under the Town of Vail right-of-way for Village Center Drive and East Meadow Drive (Attachment B). • Construct the buildings up to the property line with roof eaves overhanging the property line into the right-of-way. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council grants Crossroads .East One, LLC and their representative, permission to proceed through the design review process. IV. ATTACHMENTS A. Vicinity Map B. 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Use of ihls map should be for general Purposes only. 1 " - 100' The Town of Vail does nol warrant the accuracy of the information contelned herein. ~ (Darrel line work is appro><Imate) 'muwrr ~ 7! a 1 0, y r~ ~r t ~~ I { ), ~ ,' I ~ ~ ~ ~~ , i , ~ ~ e ~. e ~ ~ r rower i i s I i 1, r 1 r r: r ~ ii M~ t t i a i l is I ' _ ~ _,__~ r i w ~ i rte' t r ~€ ~'. ~ ! t r' t i t i~ ..~~ ~ I r~ f'r ~ t f '" f t ~ i 1~ + i t i! ~ I ~ I i n I t ~~ i~ ~ Property Line a . ', ,.~ i ' ,~ ~ k { r fj~~ ~ '~ ~ 7 ~ i ~ ~ 3I I '~ ~ ~{ ~ i (~ ..I ~! { ~ o o ~ ~ 1 1 I Ir` ar. `` ~ u 1 ~ 1 t ~I ~ i t I . ~"'~ ,it ~r ~ ~"`~ I ~'~ ~ ~ ®i' ...~ ~., ~ ~ ~ `-- i ~:~.,~ Jam; L~I~~~~ III ~~__ r~_.. ~ ,.~`~.~ ~~?~ t`"'w . ° ~° ~ ~ ~ ~ ' I ~ ~ ~ ,. ~ ' f~~l~`? ~ ^ art... ~' rc~ Below Grade ~~ ' ', ~• ~ ~ ~ ~ ~~ ~ ~ ,~^~~ ~ :' * ~ '~~ ~ Im rovements ' 1 ~ P M.,,. ' '~.'.`~__~- `~.,~- .,- ~ ~, ~~ -Theaters c~ a ~° ~°^ -~ ~ ~x ~ ~~r~ ~~' -Family Arcade ~. ~~ .. ,. ~E, `. 4u ~ s -Parking "~ z r ~ ~'~ I` ~ ~S 1'' ;.`~~ 1, h r ~ ., ' ,' .j j. 4 ; ! ~ .I r:~,i .; a.,...e. ri i E ~"°2 t i $'I~ t... .-•`- . C~ROS~~S~RbOADS: - .. ... .. . ... .. PARKINGIEVEC,,,,4~~.THEIt~.TERS_,;.,ANDI:MIt1YEflTEATARJMEf1T~iMFX (a@1~DATUFt); ~ ~ ® \1 ..,,s ... ARCHITECTS i " ~•UdUQ!lODI W CROSSROADS vul, calow~ocs ~ ! I I ~I I ~I ~ ~~~~ e I~~-t ~1 ~f~f ~ ~~ f ~ '' ~ ~ ~I I I 1y~ .. ..__ j l1 f~ I _.. _. _..__ ff ~ ~ I r i is I 4 ~, i f '! I ; II I~ ,'j'~; i ~ ~~ ~ r; i ~ ~ ~j ~ I f fd { a ~,fr} _.___ 4•• Property Line t ~~~~~ ~- __c~ ' r ! I. ~.~. ^~ I s ~ ~ i r i~~ ~~ ~ ~ r I V A C ~ cp 'nm+ ~ iJ ~ ~. ~ xs~vaaa?$ ~ J ' TS ~~~ r=~ ~ ~ , ~~~~ . ~ ~ -.:a ~ °°--- - .. C?. ~ ~ _~ Below Grade ,~ - ;' ' '! ~ ~ , ,-~~ . ~ __ ~ ~' ,, -_ _._ ~_ ~ - ~F9 . Improvements ~ ~ 1 r 3 ~ -- _ _.. ~~ - ~ ~~-- ~ i -Theaters ~., b ~ ~,. ; i~ ' ; ~ G -Bowling Alley ' :,~ ~^` :~ ~ -Parking ~ :;, ~„ ~;~« ;n~; I7 ., G ;w~ .: ~~ .... .. .. _ _ _ PhItRiNGt.EyEl;3J WU HOWL1tIGAL1ET (±5344'~UA~lUNI DA c uV 1 ~ ~ ARCHITECTS I LEGEND F ~^.vn ne~tdlsmfis ~` K, r3 ~ ~~~4 Cd1F Y{FnRUilt ' . ~4a :~ +c,F.irxl: ~mxiu\a met', PLANIINGSCFFEDULE . ~w~`~3~---~ ~ ci+, 6itG Curt,) tn ~~ Proposed Encro ~r2.:x:'la ,.,~,.~, - Streetscape ~,L~ - Landsca e l ,,,n,~~,aL p ~;,-_- - Roof Overh ~.. CLAN M1M of x ~ ro+ee!tn fy,.fP F~'tNUStFF 3V'~, /! -9a''Mf, fm e/ Av, 5~1b ~i laa Po Mrtlu ' ~ /5 1§ .i' ;1 JiOMtq UP.a0'S a ~ :i7' 15 -1~ `Cin, k..~~ r Haa c> ixu sv ~ /! te -?v.!i. :v. r m_ Amts 0. CRDFNGF7iL.Yi ~ i9D iS - hrv0.L-CCa: W~43~4W1 {l. /! 'Sa'w. ' SdiEeY'• 1fGM~M 't~gtE: i[a' pvC +uFCta'~ Y ' "~~ j6 ia•-N"'!2, at. n.p 4 ;J. achments Improvements mprovements angs y ;_~. _.,. --~... ~~ - `~` "-, _ , ~_ .. ~ -... ~~.. ~- -- .. ...:. ~1,.~ _ ~ -- . ~_ - __ 'ICJ4 F'.°Y~5U. 44P.Ga^.C'YR C>ynlt S:iCI'lH 34. 3t fK9V#.l1FJ {xH.itiDS.LT ~4'32YR31' .... ...... CROSSRdADS van, m~owtioo ~~ ~~, ~~, r ~~ !'1 ,~~ ~ 7 (~ f r. / E ~~ r /I } ( Q 1 f sz l 1 f _ D ::~': i 3 ~ ~ a f r° ' e 1~ ~ i.' 1 '~~~ ~ f Y'. ~ a•_ 9 " - R r^~ 1 _ ~$ C ~,,, Property Line ~~ ; ' '~ . ~ ...-~-'" `~ _ Taal ~y ~' ~-> `~7p$CAPE""'a BARNES COY 1 °'~ ARCHITEGT$. ~ ~i~Eu ~. ,~ - -~ ~~~~ 4. ~r -~.._.