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HomeMy WebLinkAbout2005-06-07 Support Documentation Town Council Work Sessioni~ TOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 1:00 P.M., TUESDAY, JUNE 7, 2005 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Matt Gennett ITEMITOPIC: Site Visit. An appeal of the Town of Vail Design Review Board's April 6, 2005, approval of a design review application (DRB05-0102), pursuant to Section 12-3-3, Appeals, Vail Town Code, to allow for a new single-family residence, the "Alfond Residence", located at 1345 Westhaven Circle/Lot 50, Glen Lyon, and setting forth details in regard thereto. The appellant, Patricia O'Neil, has standing to file an appeal as the owner of an immediately adjacent lot to the west, 1385 Westhaven Circle, Lot 51, Glen Lyon. (30 min.) 2. Tom Kassmel ITEM/TOPIC: Site Visit. Westhaven Circle / Greenhill Court. (15 min.) . ACTION REQUESTED OF COUNCIL: Approve supplemental to Capital Street Maintenance Budget and award construction contract to B&B Excavating. BACKGROUND: Westhaven Circle and Greenhill Court streets are currently in poor condition and are in need of repair. The reconstruction of these roads has been bid out for construction in two phases. B&B excavating was the single, bidder and has proposed the following prices: Phase I -Westhaven Circle: $753,000 Phase I & II -Westhaven Circle and Greenhill Ct.: $1,040,000 The project currently has $700,000 budgeted from the 2005 Capital Street Maintenance budget. Staff is requesting to reallocate dollars from the 2007 Capital Street Maintenance budget to complete this project. Staff sees three options: Option 1: Complete Phase I less 500' of road reconstruction and stay within budget. Option 2: Request a budget supplemental in the amount of $100,000 and complete all of Phase I. Option 3: Request a budget supplemental in the amount of $365,000 and complete all of Phase I and Phase II. STAFF RECOMMENDATION: Staff recommends Council reallocates $365,000 from .the 2007 Capital Street Maintenance Budget to the 2005 Capital Street Maintenance budget for the purpose of the reconstruction of Westhaven Circle and Greenhill Ct.; and that council awards Phases I and II of the construction of Westhaven Circle: and Greenhill Court to B&B Construction in the amount of $1,040,000. 3. George Ruher ITEMITOPIC: PEC/DRB Update. (30 min.) 4. Pam Brandmeyer ITEM/TOPIC: Update on Children's Garden of Learning (CGOL) (15 min.) BACKGROUND INFORMATION: Staff was asked to follow up with the Board of Directors for the Children's Garden of Learning (CGOL) in respect to several areas. The staff request letter is enclosed (dated ~\pril 25, 2005, from Pam Brandmeyer to Ms. Liz McGilvray), as well as the materials to date the town has received from CGOL. STAFF RECOMMENDATION: Direct staff as to further follow up or information required as Council may desire. 5. Judy Camp ~ ITEM/TOPIC: 2006 Budget Philosophies and Guidelines. (20 Stan Zemler min.} ACTION REQUESTED OF COUNCIL: Discuss and give direction on the 2006 Budget Philosophies and Guidelines. BACKGROUND RATIONALE: The Vail Town Charter sets forth certain requirements for the budget. The budget book, which is produced each year, gives further guidance to the town's budgeting process and philosophies. This section is updated annually based on this discussion. STAFF RECOMMENDATION: Discuss and provide any changes for the 2006 budget: 6. Pam Brandmeyer ITEMITOPIC: Year to date requests for funding. (15 min) Gina Bentz Action requested of council: What follows is the criteria Council endorsed at your May 3`d meeting: i The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the `/, Town's mission, and how this contribution will affect our resort community's future health. The Town Council's mission statement reads: In order to be the premier mountain resort community, we're committed to providing citizens and guests .with a superior level of environmentally-sensitive services and an abundance of recreational, educational, and cultural opportunities. GENERAL FUND: A. Betty Ford Alpine Gardens BACKGROUND INFORMATION: Betty Ford Alpine Gardens is requesting funding for Town of Vail's participation in "A Vail Valley Tribute to Betty Ford" to be held on August 7, 2005. This funding will provide a table for 10 at the tribute and will go toward building endowment and supporting current year operations. Additionally you are being asked to consider "naming opportunities" for various elements of the gardens. STAFF RECOMMENDATION: Historically the town has funded capital, infrastructure improvements and operations. Staff recommends we stick to these types of contributions. Additionally staff recommends requesting the foundation to name the Town of Vail as the benefactor of the site of the gardens. B. Vail Film Institute BACKGROUND INFORMATION: Current funding is in place; although additional funding to get the staging of the Vail Film Festival Summer Series Pilot Program off the ground for two Mondays in July is needed. STAFF RECOMMENDATION: Because the majority of the funding has been raised through CSE and other groups, staff does not recommend further funding because staff believes this should fall entirely to the CSE. C. Teva Mountain Games BACKGROUND INFORMATION: This is an in-kind request for additional public work services during the June 2005 games that include banner hanging, bleacher pickup and return, installation of "Do Not Enter" sign with a loader, extra trash crew and installation of flags on the International Bridge. STAFF RECOMMENDATION: The applicant recognizes this should have been requested during the regular '05 Council contribution process. Staff has already approved $1500 in kind for previously unidentified police back up. Further, this town sponsored event is funded by $60,000 from CSE. Staff recommends funding this in kind request. $4020 in kind staff recommendation. D. Vail Mountain Rescue BACKGROUND INFORMATION: Vail Mountain Rescue will be hosting the VMRG Symposium 2005, June 15 through June 18. An-kind request for bus transportation for participants to and from field events (outside TOV) has been made. STAFF RECOMMENDATION: Staff believes this would set an inpactful precedent for future conference organizers. Other conferences that book out of district services pay charter rates and in the case of a Vail .specific conference, e.g., Future Business Leaders of America this group paid charter rates for additional in town service. Staff does not recommend funding. TOV -CAPITAL PROJECTS A. Westhaven Circle and Greenhill Court Road Project BACKGROUND INFORMATION: Originally in 2005 Westhaven Circle and Greenhill Court were scheduled for mil and overlay. Then major drainage issues came up. Currently there is a budget of $700K, the estimate from B&B came in at $753K for Phase I, which covers the majority of Westhaven Circle and no contingency. Public Works is asking for $100K to complete Phase I; however, pricing is good from B&B and the last phase up through Greenhill Court will complete the project without road repairs taking an additional summer. Public Works is requesting $365K to do both phases in 2005, thus taking into consideration the neighborhood. STAFF RECOMMENDATION: Public .works is planning on reducing Capital Street Maintenance dollars in 2007 by the $365,000 in order to complete this project in 2005. Staff recommends funding this project in 2005 to complete both phases. B. Cascade Village Metropolitan District (CVMD) BACKGROUND INFORMATION: A request for additional capital improvements for the Cascade Village Skier Bridge and the Westhaven Drive Bridge was requested on April 19, 2005, council work session. At that time additional questions were asked by council and CVMD was asked to return on June 7 with these answers during the mid-cycle review process. Currently the Gore Valley Trail has no easements or maintenance agreements with the town and this was the Public Works Department initial goat when staff contacted CVMD in March of 2003. V 4 r STAFF RECOMMENDATION: Staff recommends funding this project from RETT: The community benefits and opportunity to partner with another organization who will be primarily subsidizing the improvements make this a win win situation for both parties. 7. Matt Gennett ITEMITOPIC: Discussion of First Reading of Ordinance No. #15, Series of 2005, an ordinance amending Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the allowable site coverage on lots with average slopes in excess of thirty percent (30%) from a current maximum of fifteen percent (15%) of the total lot size, to the standard maximum of twenty percent (20%) of the total lot size, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #15, Series of 2005, on first reading. BACKGROUND RATIONALE: The Planning and Environmental Commission (PEC) held public meetings to consider this request on March 14, 2005, and on April 25, 2005, at which the PEC forwarded a recommendation of approval to the Town Council. A copy of the staff memorandum to the PEC from their April 25, 2005, meeting has been attached for reference. 8. ITEM/TOPIC: Information Update. (30 min.) • Visitor's Center Request for Proposals (RFP) Update. • Revenue Highlights. • Gymnastics Center Update. • East Meadow Drive Design Update. • Seibert Circle Design Update • I-70 Preliminary Environmental Impact Statement Update. (PETS) • 1-70 Interchange /Eagle County Airport 9. ITEM/TOPIC: Matters from Mayor & Council. (30 min.) 10. Matt Mire ITEMITOPIC: Executive Session. §C.R.S. 24-6-402(4)(b) (Pending and Threatened Litigation.) (20 min.) 11. ITEM/TOPIC: Adjournment. (4:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 12 NOON, TUESDAY, JUNE 21, 2005 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 6~ May 23, 2005 Town of Vail Penny Harpe, Accounting Tech. 75 South Frontage Road West Vail, Colorado 81657 On behalf of the Betty Ford Alpine Gardens Board of Directors I want to thank the Town of Vail and its leadership for the generous past support we have received. I am also pleased to have the opportunity to submit this request for additional funding through your participation in "A Vail Valley Tribute To Betty Ford". A Vail Valley Tribute To Betty Ford Throughout her life, Betty Ford has been an extraordinary giver to her family, her various communities, and the people of the United States. Certainly, she has touched many of us in the Vail Valley in a deep and personal way. To honor that lifetime of extraordinary giving, members of the Board of the Betty Ford Alpine Gardens in Vail asked Mrs. Ford if they could organize a Tribute in her honor. Being the kind of person she is, Mrs. Ford at first demurred, as she didn't want any special attention brought to her. When hearing, however, that her Betty Ford Alpine Gardens were in need of an Endowment Fund infusion and operating cash to sustain them, Mrs. Ford quickly agreed. Regarding the Endowment Fund her comment was, "This is something we should have done years ago." t83 GORE CREEK DRIVE VAIL COLORADO 8t69i USA PHONE 97o q76 oto3 FAX 970 476 t68g RETTYFORDALPINEGARDENS.ORG A Vail Valley Tribute to Betty Ford will be held on August 7, 2005 on the lower bench in Ford Park. This one time special event will replace our traditional fund raising event "Arts and Flowers". The Board of Directors of Betty Ford Alpine Gardens has chosen this event to first honor the life of Betty Ford, and secondarily as a means to build endowment, and support for current year operations. In order to accomplish this we have identified a number of different Naming .Opportunities in the Garden that will allow permanent recognition for the donor, secure seating for ten at the Tribute, while at the same time assist the Gardens in building endowment, and support annual operations. Other benefits are listed in the enclosed pricing schedule. For example a grant at the following level would be used as outlined. $10,000 5,000 Endowment 5,000 Operational support Betty Ford video $25,000 12,500 Endowment 12,500 Operational support for horticultural therapy $50,000 25,000 Endowment 25,000 Operational support for garden supplies, maintenance, and plant material, $100,000 50,000 Endowment 50,000 Payroll expense $250,000 125,000 Endowment 125,000 Operational support for education programs, fundraising expens Again, thanks for the generous past support from the Town of Vail. It is our hope that the Town Council will join us as we celebrate the many contributions Betty Ford has made to the Town of Vail, by considering a grant at one of the levels listed above. I would be pleased to answer any questions concerning this request. Best regards, Brandmeyer Executive Director 1. Betty Ford Alpine Gardens 2. Jim Brandmeyer, Executive Duector 3. 183 Gore Creek Drive Vail, Colorado 81657 4. 970-476-0103 5. See attached Board-list 6. An amount may be selected from the enclosed naming opportunity book. 7. September 30,2005 8. Yes, McMahan and Associates 9. 50% for operations, 50% for endowment 10. We feel this request is in direct alignment with all of the criteria established for evaluation purposes. Since the Gardens opened in 1987 the direct benefit to the entire community of Vail has been felt. In accordance with the Town of Vail's mission statement it is our belief that the Gardens are a venue that sustains Vail's reputation as a premier mountain resort. Betty Ford Alpine Gardens is Vail's Botanic Garden. It belongs to the Town of Vail, its citizens, and provides our guests with an opportunity to experience the natural beauty of high alpine flora and fauna. 11. The Gardens are funded entirely through private sources. The Town of Vail has supported us generously over the .years and this has been supplemented by Foundations, Corporations, but our most consistent source of support comes from individuals who believe in our mission. 12. "Our mission is to cultivate harmony between plants and people in our mountain environment. We are horticultural pioneers teaching and celebrating the value of plants in our lives. We provide unique educational and environmental programs, we encourage community beautification and plant research;. and we create and maintain Betty ford Alpine Gardens." APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Most Recently Completed Fiscal Year 9/30/04 . Assets Cash $ 57,093 Endowment .186,610 Accounts Receivable 840 Gift Shop Inventory 6,340 Total Current Assets 250,883 Fixed Assets 2,233,241 Total Assets $ 2,484,124 Liabilities Accounts Payable $ 595 Payroll Liabilities 5,437 Sales Tax 4,813 Total Liabilities $ 10,845 Net Worth (Total Assets Minus Total Liabilities) $ 2,473,279 APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses Current Fiscal Year Budget Year Ending Sept. 30, 2005 Revenues Membership $ 55,000 Town of Vail 54,000 Town of Vail Capital Income 44,000 Endowment Income 6,500 Garden Donation Boxes 12,000 Individual Donations 125,000 Operating Grants 125,000 Group Tours 2,000 Facility Use 7,000. Plant Sale 1,500 Gift Shop Income 270,000 Gift Shop Start Up Income 40;000 GOCO Grant 28,000 Interest 100 Total Revenue $ 770,100 Expenses Administration 154,053 Garden 77.607 Education 68.550 Development 51,431 Capital Expense 80,000 Gift Shop Cost 274,350 Internal Loan Payment 64,030 Total Expenses $ 770,021 Total Revenue Minus Expense $ 79 Betty- Ford Alpine Gardens 2005 - 2006 Board of Directors Betty Ford Alpine Gardens Office Phone: (970) 476-0103 Gwen Scalpello, 2006 Dick Liebhaber, 2007 Office FAX: (970) 476-1685 Secretary 44W.Meadow Dr -Kay Alpine Treasures: 479-7365 P.O. Box 160 -Rick Vail, CO 81657 Vail, CO 81658 rtl(~liebhaber.net Betty Ford, Honorary Director 479-1788 -home (703) 442-OSS3 - VA P.O. Box 927 479-7330 -fax (703) SS6-9593 - VA fax Rancho Mirage, CA 92270 gscalpello~attglobal.net (970) 476-6583 -Vail Jan Hart (Assistant) (970)-47b-3714 -Vail fax (760) 324-1763 - CA office Jacki Allen-Benson, 2006 (760) 324-7289 -fax Post Office Box 270 Pam Brandmeyer P.O. Box 5670 Gypsum, CO 81637 Town of Vail Representative Avon, CO 81620 (970) 524-0010 -home -Hugo 7S South Frontage Road W Judy (Assistant) (970) 524-1015 -work Vail, CO 81657 (970) 949-0222 - CO home (970) 524-1019 -fax (970) 4 79-2113 (970) 845-9619 -fax (970) 471-0986 -cell Pbrandmeyer(rr~,vailgov.com benson7allen(~earthlink.net Helen Fritch, President Emerita Anne Rainey, 2006 183 Gore Creek Drive -Bob Sharon Balius, 2006 520 Black Bear Trail- John Vail, CO 81657 390 Winslow - P.O. Box 2214 (970) 476-0545 -home P.O. Box 1976 Edwards, CO 81632 (970) 476-8702 -Sitzmark fax Edwards, CO 81632 (970) 926-4791 -home (970) 471-1157 -cell 926-7106 -home (970) 926-4793 -fax hfritch cr,msn.com 926-9796 -fax 720 Albion Road Co-Owner, Sitzmark Lodge sbalius cr,umich.edu Columbia, SC 29205 (803) 254-4665 -home June Vanourek, 2006 Frank Barborek, 2005 (803) 799-2840 -fax President 3265A Katsos Ranch Rd. -Eve 2524 Fenno Drive -Bob Vail, CO 81657 Bill Stufflebeem, 2007 Cordillera CO 81632 (970) 479-1044 -home/fax S22 Ryan Gulch Road , 970 331-6942 -cell ( ) P.O. Box 1981 970 926-4072 ( ) f bntxnoa,aol.com Silverthorne, CO 80498 (970) 926-4264- fax (970) 468-4756-home junevan cr,vail.net Deane Hall, 2006 VA-P.O. Box 469 (970) 390-9257 ~ 2000 E. 12`h Ave., Box 4 Arlington, VA 22210 Denver, CO 80206 (703) 521-1075 Amy Phillips, 2005 (303) 322-8338 -home Vice President (303) 331-9526 -fax Magnus Lindholm, 2007 4831 Eagle Bend Drive -Bill (303) 333-6323 -office ma~nuslindholmntraercreek.com Post Office Box 3868 (303) 956=0622 -cell Post Office Box 640 -mailing Avon, CO 8 ] 620 Winter -Florida Vail, CO 81658 (970) 949-OS81 -home/fax 1532 NE 24"' Street 0322 E. Beaver Creek Blvd. -work (970) 331-1645 -cell Wilton Manors, FL 33305 Avon CO aitnlssvail(cr~,aol.com FL phone - 9S4-S64-6286 970-949••6776 Deane~MtnMedia.net 970-748-8900 Bob Fritch, 2006 Treasurer Allison Hoversten, 2005 Jim Brandmeyer 183 Gore Creek Drive -Helen 1183 Cabin Circle (970) 390-9988 -cell Va11, CO 81657 Vail, CO 81657 Jim a bettyfordalpine~ardens.or~ (970) 476-0545 -home (970) 479-0518 -home Nicola 12ipley (970) 471-1157 - cell (970) 479-7450 -fax (call first) (970) 390-9406 -cell . Wuzz l~~aol.com Nicola a,bettyfordalpine~ardens.or~ Naming Opportunities At Betty Ford Alpine Gardens TABLE OF CONTENTS 1.OVERVIEW "A VAIL VALLEY TRIBUTE TO BETTY FORD" page 1-3 2. PRICING STRUCTURE 3. PROGRAM NAMING-ANNUAL page 4-6 page 7-8 4. GARDEN AREAS NAMING-PERMANENT page 9-18 Overview . A Vail Vallev Tribute To Betty Ford Throughout her life, Betty Ford has been an extraordinary giver to her family, her various communities, and the people of the United States. Certainly, she has touched many of us in the Vail Valley in a deep and personal way. To honor that lifetime of extraordinary giving, members of the Board of the Betty Ford Alpine Gardens in Vail asked Mrs. Ford if they could organize a Tribute in her honor. Being the kind of person she is, Mrs. Ford at first demurred, as she didn't want any special attention brought .to her. When hearing, however, that her Betty Ford Alpine Gardens were in need of an Endowment Fund infusion and operating cash to sustain themselves, Mrs. Ford quickly agreed. Regarding the Endowment Fund her comment was, "This is something we should have done years ago." The Board's first approach was to plan a star studded Tribute with other former First Ladies and various Hollywood and media celebrities in attendance. A similar event was successfully held in Palm Springs in 2003 for the Betty Ford Center. However, Mrs. Ford expressed her wish that we not "bother" those important people. She wanted to keep the focus of this event on the Vail Valley and on the Gardens. Consequently, an unprecedented series of activities and special mementos are being compiled by a group of Volunteers and Admirers of Mrs. Ford. These actions will culminate in a Gala Tribute on the evening of August 7, 2005, in Vail, Colorado. Included in our plans are the following: 1. A series of letters to Mrs. Ford will be solicited from the Vail Valley community members expressing their feelings and appreciation for her. Warm stories and personal photos will, hopefully, accompany many of those letters. These memorabilia will be compiled into a set of beautiful albums. i 2. A short soft cover booklet will be authored by locals outlining Mrs. Ford's national achievements and awards, with special focus on the wonderful things she has done in our Valley. This will be titled "Betty Ford and the Vail Valley." 3. A special Tribute Video on Mrs. Ford's national and local accomplishments will be produced. Interspersed throughout this video will be short personal statements of love and appreciation from prominent people and local friends of Mrs. Ford. 4. Other surprises in honor of Mrs. Ford will be announced the evening of the Tribute as well. The focus of the August 7 evening will be on honoring Betty Ford. President Ford fully supports this focus on his wife and is delighted. with it. No auction, raffle, pledge cards, or other solicitations will be made. During the Tribute dinner, a few selected entertainers would perform their special pieces, brief podium testimonials would be made to Mrs. Ford by selected leaders, and highlights of the Tribute Video would be played. Available for browsing at specially guarded tables would be the Personal Letter Albums. Copies of the specially written "Betty Ford and the Vail Valley" booklet would be on each table for attendees. Throughout the reception and dinner, discreetly placed television sets would continuously play the entire Tribute Video. All the Fords' children will be invited to attend the Tribute to witness this honoring of their mother. The dinner is expected to be attended by 300-400 people. Shortly after August 7, all the evening's videos will be added to the Tribute Video and presented personally to Mrs. Ford along with the Letter Albums, the printed program material, and copies of the "Betty Ford and the Vail Valley" booklet. Hopefully, these gifts will fill her heart with joy and pleasure about her relationships with all of us. The Vail Valley Foundation and a host of volunteers are helping the Betty Ford Alpine Gardens to make this Tribute a success. The Betty Ford Alpine Gardens area 50103 non-profit organization. They operate a free, public alpine botanic garden that showcases over 3,000 varieties of rare and unusual flora in the heart of Vail. It is the world's highest alpine garden and attracts over 50,000 visitors a year. Five different z interior gardens represent the world's mountain eco-systems. The Gardens rescue and protect endangered plants, conduct tours for thousands of children anal visiting horticulturalists, and have unique meditation and memorial areas. Many weddings and special events are held annually on the Gardens' grounds. For further details contact June Vanourek, President of the Gardens' Board, at iunevan vail.net, or 970-926-4072; or Jim Brandmeyer, Executive Director, at iim(a,bettyfordalpinegardens org, or 970-476-0103. A Vail Valley Tribute to Betty Ford August 7, 2005 Ticket Pricing & Donation Levels (Increased Benefits in Bold) Level Benefits Daisy -Dinner for one at the Gala Tribute, reserved seating -Copy of book, "Betty Ford and the Vail Valley" Tulip -Dinner for one at the Tribute, preferred seating (close to the head tables)* -One copy of book, "Betty Ford and the Vail Valley" -One DVD of entire Tribute evening + Betty Ford video -Mention in the Tribute Program** $250 $500 Tulip Bouquet $5,000 -Table for ten at the Tulip level -Ten copies of book and DVD Rose $1,000 -Dinner for one at the Tribute, preferred seating* -One copy of book, "Betty Ford and the Vail Valley" -One DVD of entire Tribute evening + video -One name engraved "paver" (4" z 8") in the Gardens -Special Recognition in the Tribute Program** Donation 4 Rose Bouquet $10,000 -Table for ten at the Rose level -Ten copies of book and DVD -Up to ten name engraved "pavers" (4" x 8") -Special recognition in the Tribute Program* * Patron $25,000 -Preferred seating for ten at the Dinner* -Ten copies of book and DVD -Special recognition in the Tribute Program** -Stone Planter Trough with Engraved Plaque in Garden -Private First Lady Reception for your table of ten people with President & Mrs. Ford, and/or Susan Ford Bales with photograph -Recognition for one year sponsorship of (choose one): -Summer intern program, -Horticultural therapy program for youths at risk, -Children's program, -New Greenhouse, or -New Gardens plantings Grand Patron -Preferred seating for ten at the Dinner* -Ten copies of book and DVD -Stone Planter Trough with Engraved Plaque in Garden -Private First Lady Reception for your table of ten people with President & Mrs. Ford, and/or Susan Ford Bales with photograph -Extra special recognition in the Tribute Program** -Permanent naming opportunities for selected areas in the Gardens (see the Executive Director) $50,000 Betty Ford Alpine Gardens' Suecial Naming Ouuortunities $:100,000 - -All the benefits of the Grand Patron level $250,000 -Permanent Naming Rights are available for several special areas of the Gardens including: -New Entryways -Water Features -Woodlands -the Grand Alpine Plaza. (See the Executive Director.) Notes: * Tables. will be allocated on the basis of date of receipt of contribution. When a category of preferred seating is gone, the nett best seating will be utilized. ** Mention or recognition in the Tribute Program is as of the program printing cutoff date of July 7, 2005. ar~sios 6 HORTICULTURAL THERAPY PROGRAM The Spirit of the year round Horticultural Therapy Program is to provide at-risk adolescents with life changing skills necessary to help participants become successful high school graduates. This program will establish an outreach program in which at-risk adolescents would participate in guided horticultural activities, focusing on therapeutic outcomes of increased self esteem, education, connections with nature and community, and employment opportunities in the fields of horticulture and retail. The Horticultural Therapy Program is available for $25,000. 7 SUMMER INTERN PROGRAM The summer intern program began in 1999. Each year in the fall and winter we begin efforts to recruit two summer interns interested in expanding their knowledge in the field of horticulture by sending an announcement to twenty one universities and one international internship program. We typically receive 30-40 applications each year. This past season we had one intern from the University of Wisconsin, and the other from Torokszentmiklos, Hungary. The internship runs from June I through August 30. The assignments are Children's Educational Program and Garden Volunteer Program. We also provide a monthly stipend and modest housing allowance each month. The Summer Intern Program is avaitabte for 525,000. 8 B®G GARDEN Although called the bog gazden, this garden actually represents a Colorado fen; a wetland that accumulates partially decayed plant matter or peat. Fens aze the only type of peatland in Colorado; they have constant movement of water unlike bogs, which have no inflow or outflow and which support acid loving plants such as sphagnum moss. This wetland gazden is made up of plants that tolerate year round saturation and aze adapted to these anaerobic (tow oxygen) conditions. 'Crrasslike' plants such as sedges and rushes dominate this ecosytem. Many .of the common Colorado sedges grow in the gazden, like Carex nebraskensis, C. uticulata and C. microptera and the common rushes Juncus tennis and J. arcticus. The cottony heads of the raze Eriophorum altaicum, the pink flowers ofMimulus lewisii and the blue starlike flowers of Sisyrichium angustifolium add color to this green meadow r' ~'-' - - -fz- -- _ ~ ~ ~ "'t ~~ y' i ~ e a - _ _ ,. The Bog Garden is available for $25,000. 9 SAXIFRAGE GARDEN This garden is a taxonomic collection of the genus Saxifrage. Some of the most spectacular alpine plants in the world, these plants are found throughout the temperate Northern Hemisphere and into South America. There are 480 known species many of which are alpines that form spectacular evergreen domes or mats which thrive in rock gardens. The Saxifrage Society is a British society devoted to the genus and has a very informative web page with information and publications available. Our collections boast some 100 taxa, some species and many cultivated varieties. Among the most spectacular are Saxifraga grisebachii, S. sempervivum and S. valderrsis, with their silver encrusted leaves and tight rosettes. Closer to the waterfall mossy types fills the crevices between the boulders including Saxifraga caespitosa and many cultivated varieties such as the showy red Saxifraga'Garnet' The Saxifrage Garden is available for $25,000. 10 ASPEN GROVE One of the most common and beautiful trees in Colorado is the aspen, Populus tremuloides. Aspens are in the willow family and are closely related to cottonwood, birch and poplar trees. They are aggressive species that find their foothold in recently burned landscapes. Fire is essential to the proliferation of aspen in the wild. Aspen grow very quickly and form tremendous colonies of trees off of a single root system that can spread for miles. A grove in Utah is believed to be one of if not the largest living organism on the earth. In the understory of aspen groves, one can find a tremendous variety of plants including columbines, Aquilegia spp. lupines, Lupinus spp. and ferns. Planted in the Alpine Rock Garden Aspen Grove are five species of columbine, including Aquilegia barnebyi, wild parsley, Conioselirrum scopulorum, and the common harebell, Campanula rotundifolia. The Aspen Grove also features a striking boulder formation that was- painstakingly disassembled and removed from its natural location, transported to Betty Ford Alpine Gardens and reassembled precisely as it existed in nature. The Aspen Grove is available for $25,000 11 DRYLAND MONTANE GARDEN The Dryland Montane section of the Alpine Rock Garden encompasses the area west of the waterfall. This garden consists of native plants from western North America including each of those named above. Cacti for example the 'Hedgehog' types surprise visitors with their winter hardiness. The impressive granite boulder formations are also home to almost fifty species of Penstemon, a beautiful and widely varied genus unique to North America. The popularity of Penstemon has lead to the formation of the American Penstemon Society. A variety of interesting woody plants can also be found in this garden including mountain lilac, Ceanothus fendleri, a profuse early blooming shrub, mountain mahogany, Cercocarpus montanus and New Mexico locust, Robinia The Dryland Montane Garden is available for $25,000. 12 HIMALAYAN GARDEN The Himalayan Garden sits to the south of the Mountain Perennial Garden waterfall. Shade is cast by the garden's only original tree, a Large Lodgepole Pine, Pinus contorta var. latifolia, a widely spread western North American native. This garden was constructed in September of 2003 thanks to a grant from the North American Rock Garden Society. Naturalistic stone terraces and peat beds were created to accommodate plants that prefer a slightly more acidic soil type. Several species of lily, gentian and primula have already been planted along with bergenia and the stunning Himalayan blue poppy, Meconopsis horridula. We plan to incorporate a wide variety of unusual high Himalayan plants including rhododendron and saussurea over the next couple of years. This garden provides us with opportunities to incorporate a number of choice plants we can't grow elsewhere in the garden. The Himalayan Garden is available for $25,000 13 HANDICAPPED ACCESSIBLE VEGETABLE, HERB GARDEN And MEDICINAL GARDEN Horticultural Therapy Programs are conducted in this garden, providing gardening opportunities to those whom would not otherwise have them. The raised beds in the Schoolhouse Garden are currently planted with herbs and vegetables suited to our high mountain climate. Over time, the beds will be planted with medicinal and useful plants of mountain cultures worldwide. Our research so far includes plants used by the l'Jte Indians that once lived in the Vail Valley, the plants once grown by the Incas of South America, the mountain people of India and some of the remote Himalayan valleys in. Nepal. This Garden bed is available for S2S,000. 14 MOUNTAIN CONIFER BORDER These conifer borders demonstrate all the high elevation conifers native to the Southern Rocky Mountains. At the west end of the border walk Lodgepole pine, Pimas contorta spp latifolia aze represented. Lodgepole forests are often called 'fire forests' due to their amazing ability to re-forest areas after fire. Because of this, lodgepole forests tend to be single species stands with even aged trees. These dazk forests have thick carpets of acidic needles and nutrient poor soils and consequently very little diversity. They occur on north and east facing slopes at elevations from around 7,500 feet up to around 11,000 feet. Lodgepole forests give way to the spruce-fir ,forests which extend to treeline. Dominated by Engelmann spruce, Picea engelmarrreii, and Sub-alpine fir, Abies lasiocarpa, with some White fir, Abies concolor, these forests dominate the treeline zone from around 9,000feet to 11,SOOfeet. They dominate the'krummholz' zone that forms the upper limit of tree survival where the trees are flagged' by constant battering winds and stunted lack of water and the cold harsh climate. ~~~r ~ .,~ .~ ~ -"`~' , r~; The Mountain Conifer Border is available for $100,000. 15 LOWER ALPINE POOL On the far north end of Betty Ford Alpine Gardens are the Alpine Pools. Reminiscent of the crystal-clear ponds and lakes found in alpine azeas around the world, the Alpine Pools overflow down and create the forty-foot Alpine Rock Garden waterfall. Fed by snowmelt, the natural bodies of water that inspire the Alpine Pools glisten under dark blue skies and intense sunlight all summer. In the Rocky Mountains, Beaver often make their homes in these azeas building dams that create series of small pools and waterfalls. Surrounding these alpine ponds, one will find a lush landscape including plants such as sedges, Carex spp., rushes, Juncos spp. and willows, Salix spp. Plants around the Alpine Pools include Carex microptera, Juncos tracyii and Salix brachycarpa. The Lower Alpine Pool is available for $100,000. 16 CASCADING WATERFALL This spectacular waterfall descends forty feet over large granite boulders and under three massive log bridges into a pool that represents the many beautiful sub-alpine pools fed by snowmelt and springs in the Rocky Mountains and other mountain regions throughout the world. The patio offers dramatic views of the Alpine Rock Garden and its signature waterfall and is home to more than twenty beautiful weddings each season. „~~`~ ~, The Waterfall in Alpine Rock Garden is available for S1S0,000„ 17 GRAND ALPINE PLAZA The Grand Alpine Plaza is the centerpiece of Betty Ford Alpine Gardens. Located at the base of the Alpine Rock Garden it is the sight of social events, weddings and other celebratory activities where you are surrounded by alpine flora, and serene water features. This area was inspired by the dramatic limestone ranges of the world, this garden shows the ecological process in the evolution of the mountain tundra. The Alpine Plaza reflects the Rocky Mountain tundra mirrored by collections from the Andean Cordillera, the High Himalayas and other great mountain ranges. ,. "-' The Grand Alpine Plaza is available for $250,000 18 Town of Vail Application for In-Kind Requests 1. Organization: Mountain Games, LLC 2. Contact: Joe Blair 3. Mailing Address: PO BOX 1430, Vail, CO 81658 4. Phone: 970.477.0111 x12 5. Members: Joel Heath, Single Member 6. Amount Requested: $4,020 7. Fiscal Year-end: December 8. Books Audited: No 9. Contribution Use: • Banners hung in round-about = $580 • Bleacher pickup and return to block pedestrian bridge in Vail to limit capacity on bridge = $2,720 • Do not enter sign installation (Loader)= $160 • Extra trash crew in Vail Village = $270 • Flags on International Bridge Installation = $290 10. How will this contribution support item 1C: The Teva Mountain Games generated $1,400,000 in incremental spending in 2004 for the. Town of Vail. The minimal items requested are services that benefit Town of Vail infrastructure. We feel the items listed above benefit the over beauty of the Town of Vail during a shoulder season where the Town is struggling for content. 11. Current funding sources: 70% private sponsorship, 10% registration fees and 10% from the commission on special events for host fee sponsorship. 12. Mission Statement: To be the premier outdoor adventure event in the world f 12:44 PM Mountain Games LLC 05/25105 Balance Sheet Cash Basis As of May 25, 2005 May 25, 05 ASSETS Current Assets Checking/Savings 1st Bank -Checking 76,829.76 1st Bank Savings 254,251.70 Total Checking/Savings 331,081.46 Other Current Assets Undeposited Funds 510.00 Total Other Current Assets 510.00 Total Current Assets 331,591.46 TOTAL ASSETS 331,591.46 LIABILITIES & EQUITY Equity Owner's Capital Investments 9,500.00 Total Owner's Capital 9,500.00 Net Income 322,091.46 Total Equity 331,591.46 TOTAL LIABILITIES & EQUITY 331,591.46 Page 1 TMG.2005.Budget.xls 2005 Teva Mountain Games Budget Act. Cost Act. Revenue Charitable Contributions Parts Equipment & Supplies Bathrooms $2,300 $o ' Communications $2,000 $o Competition $22,000 $o Electricity $500 $o Miscellaneous $3,000 $o Sound & Lights $s,5oo $o Tents $s,ooo $1,000 TV Equipment $14,000 $o Vehicle $1,00 $o Equipment & Supplies $ss,ooo $o Total Equipment 8~ Supplies $12s,ooo $1,000 Food & Beverage Beer Commission $o $2,000 Total F 8 B $o $2,000 Legal Fee Start Up Cash Total Legal fees $2,500 $1,500 $1,500 $4,000 $1,500 TOTAL PARTS $133,000 $a,5oo . _ --1__~~ ~-s --~-- - - - Services .._ -__ ~. ~ _~ : _ _ ~.__.. ... ._ _ -_____ : _. __.~ ---_---~ Advertising Design $5,000 $o Direct Mail $2,000 $o Print $s,5oo $o Program $s,ooo $o Printing $s,ooo $o Public Relation $s,ooo $o Radio $a,ooo $o Signage $11,500 $o N Advertising $~50 $o Television $5,000 $o Web $2,500 $o Total Advertising $1zs,25o $o Awards & Prizes Awards Cash Total Awards $2,000 $o $so,ooo $o $62,000 $0 Contract Labor Laborers Lodging Safety Security Specialist $14,000 $0 $5,500 $0 $14,250 $0 $14,300 $0 $55, 500 $0 TMG.2005.Budget.xls 2005 Teva Mountain Games Budget Contract Labor -Other $s,ooo $o Total Contract Labor $109,550 $o Allocated Expence $ao,ooo $o UM Staff $100,000 Dues & Subscriptions $aoo $o Entertainment $110,000 $5,000 Mtn Ball $20,000 $5,000 Pub Sounds $a,ooo $o Family Adventure Zone $7,100 $o Film Festival $3,ooo $o Total Entertainment $1aa,loo $so,ooo Entry Fee Plus Ins Entry Fees Photo $o $2,500 Other $o $2~,~50 Expo Fee $500 $a,5oo Total Entry fees $500 $34,750 Insurance Athlete $3,200 $o General Liability $1,000 $o Liquor $2,500 $o Total Insurance $22,00 $o Permits $soo $,p Photography $2,500 $o Postage $soo $o Sponsorship Seed Funds $o $s5,ooo Fees Collected $o $554,500 Gear $5,000 $3,000 Lodging $3,500 $o Reception $2,500 $5,402 Solicitation $a,ooo $o Sponsor Rec $s,soo $o Total Sponsorship $23,500 $s2~,so2 Travel $3,250 $o Volunteers Meals $1,500 $o Uniforms $1,250 $o Total Volunteers $2,750 $o TOTAL SERVICES $641,900 $742,652 GRAND TOTAL $~~a,soo $~a~,152 NET -$2,749 J 2004 Teva Mountain Games Actual Job Profitability Detail for the 2004 Teva Mountain Games at Vail Act. Cost Act. Revenue Parts Equipment & Supplies Bathrooms Communications Competition Electricity Miscellaneous Sound & Lights Tents TV Equipment Vehicle Equipment & Supplies Total Equipment & Supplies 875.00 0.00 1,302.11 0.00 36,679.49 932.32 188.29 0.00 1,651.25 0.00 7,757.76 0.00 5,177.25 1,170.00 10,000.00 0.00 806.14 0.00 1, 313.00 320.50 65,750.29 2,422.82 Services Food & Beverage Beer Commission Total F 8 B Legal Fee Total Legal fees 0.00 1,170.84 0.00 1,170.84 887.50 887.50 0.00 TOTAL PARTS 66,637.79 3,593.66 ...~.y.._._.__ ~,~_~__.. __ . _.. _ ..~ _ Advertising Direct Mail 1,611.68 0.00 Pflnt 5,632.73 0.00 Prlnting 5,036.37 0.00 Public Relation 7,500.00 0.00 Radio 3,150.00 0.00 Signage 8,691.72 0.00 Television 56,742.76 o.oo Web 7,500.25 0.00 Total Advertising 98,865.51 0.00 Awards & Prizes Awards 1,075.34 0.00 Cash 55,399.99 0.00 Total Awards 56,475.33 0.00 Consulting 30,000.00 Contract Labor Laborers 4,127.94 0.00 Lodging 2,713.11 0.00 Safety 5,500.00 0.00 Security 11,38s.ss o.oo Specialist 36,740.00 0.00 Contract Labor -Other 5,350.00 0.00 Total Contract Labor 65,821.03 0.00 ' Allocated Expence 147,253.00 0.00 ,r Dues & Subscriptions Entertainment Total Entertainment Entry Fee Plus Ins Entry Fees Photo Other Total Entry fees Expo Fee Insurance Athlete General Liability Liquor Total Insurance Permits Photography Postage Sponsorship Seed Funds Fees Collected Gear Lodging Reception Solicitation SponsorRec Stakeholders Summary Total Sponsorship Travel Volunteers Meals No tiem Uniforms Total Volunteers TOTAL SERVICES GRAND TOTAL NET 2004 Teva Mountain Games Actual 350.00 0.00 102,927.45 75,466.81 102,927.45 75,466.81 0.00 55.00 0.00 1,250.00 1,040.00 28,398.00 1,040.00 29,648.00 450.00 2,800.00 2,343.00 0.00 9,433.50 0.00 1,7o2.s2 0.00 13,479.12 0.00 486.20 0.00 1,900.00 0.00 833.95 7.00 0.00 65,000.00 0.00 411,000.00 1,659.36 0.00 1,450.51 0.00 1,869.30 7,901.50 3, 548.42 0.00 4,661.45 1,000.00 1,647.22 14,836.26 484,901.50 2,793.14 0.00 852.52 0.00 2,244.02 812.26 0.00 3,908.80 0.00 541,419.79 592,878.31 608,057.58 596,471.97 -11,585.61 ~EI~ERAL IlVSTRUCTIONS •. T All applications must be submitted to the Town of Vail by Wed., May 25, 2005 by 12:00 P.M.. You must provide 12 copies of the application. Any application received after that date or any application packet with fewer than 12 copies will not be considered. Please send application to: Town of Vail Penny Harpe, Accounting Tech. 75 South Frontage Road West Vail, Colorado 81657 For questions on the financial statements, please contact Penny Harpe at 479-2104. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: VMRG Symposium 2005/Vail Mountain Rescue Group 2. Contact person: Bob A r mo u r 3. Mailing address: p0 Box 15 9 7 V a i 1, CO . 816 5 8 4. Telephone: 4 7 6- 2 8 3 7 5. Members and Titles of your goverxung board: Steve Zuckerman (P r e s) Mike Brad 1 e (VP, Sob Armour (Treas), Tim Cochrane (Ops), Mary lou Armour (Sec) 6. Amount of contribution requested: U p t o $ 6 1 2 0.0 O a s i n kind d o n a t i o n (all or partial funding) 7. Organization fiscal yeaz-end: Dec 31, 2 0 0 5 8. Are your books audited? yes ( Mike Phi 11 i p s and A s s c . ) 9. How will the contribution be used? Bus transportation t o b e provided b y TOV for transporting participants to and from field events. Junel5, 16, 17, and 18, 2005 10. How does your request support item 1C of the contribution policy? This workshop w i 11 be hosting over 200 participants from around the world. The dollars the will spend for food and lodging during this low season time will directl 11. Who currently funds your organization (other governments, private donations, user (b e 1 o w ) fees, etc.)? Registration fees, sponsors, and $2500 grant fromVVF 12. Organization's mission statement: T o provide a forum for national a n d international Mt. Rescue teams to work together and share current (If more room is needed to answer questions, please use the back of this page.) r e s c u e techniques a n d technology. ___ 10. Cont. benefit Vail businesses and TOV tax revenues. Visitors will also witness Vail's new dawn. Bus transport is the most environmentally sensitive and economical way to move participants around. r APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses Instructions: Round all figures to the nearest dollar. Please present as much detail as possible. Revenues: (List by funding source) Total Revenue Expenses: Total Expenses Current Fiscal Year Budget (attached- } $ 27,700.00 (attached) $ 27,700.00 $ 36,900.00 (attached) $ 36,900.00 Total Revenue Minus Expense ($ 9 , 2 0 0. 0 0 ) 2005 MRA Symposium o5r23ro5 Profit ~ Loss Budget vs. Actual January 1 through May 23, 2005 Jan 1 -May 23, '05 Budget Incortte Donations 0.00 1,000.00 Expo Fees t;30U.00 2,000.00 (;mom 2,500.00 2',500'.00 Merchand+sing 0.00 200.00 Registratiore 16,796.88 22,000.00 Totallncome 20,596.88 27,700.00 Expense Ad Min 32.17 500.00 AudioNisual 0.00 1,000.00 Banquet 0.00 8,000.00 Communication 0.00 500.00 Eagle BBQ 0.00 100.00 Exhibitor Party 0.00 1,000.00 Facilities 0.00 500.00 Feild Ops 0.00 600.00 Finance 0.00 100.00 Insurance 0.00 1,000.00 Lodging 0.00 2,500.00 Marketing fl.fl0 500.00 Merchandise 0.00 5,000'.00' Postage 370.00 500.00 service charge 50.01 Transportaiton 0.00 2,500.00 Travel 0.00 5,600.00 Vilar Presentation 0.00 500.00 VIP 5,600.00 6,000.00 Volunteers 0.00 500.00 Total Expense 6,052.18 36,900.00 Net Income 14,544.70 -9,200.00 Page 1 .APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible. Most Recent Completed Fiscal Year Date: 12 / 31 ~_) .Assets: $ Total Assets Liabilities: $6,600.00 Total Liabilities ~ 2 , 2 7 5.0 0 Net Worth (Total Assets Minus Total Liabilities) X 4, 3 2 5 .0 0 GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by Wed., May 25, 2005 by 12:00 P.M. You must provide 12 copies of the application. Any application received after that date or any application packet with fewer than 12 copies will not be considered. Please send application to: Town of Vail Penny Harpe, Accounting Tech. 75 South Frontage Road West Vail, Colorado 81657 For questions on the financial statements, please contact Penny Harpe at 479-2104. PLi'.AJJL 1 Y P~ i riiS r-irri.ii r~ i ivl~Tv i i ni :T i i :T ~i.AC ~ Il:T;; 1. Name of organization: CASCADE VILLAGE METROPOLITAN DISTRICT, aquasi- municipal corporation and political subdivision of the state of Colorado 2. Contact person: I~im J. Seter, Esq. 3. Mailing Address: Seter & Vander Wall, P. C., 7400 E. Orchard Rd, Suite 3300, Greenwood Village, Colorado 80111 4. Telephone: (303) 770-2700 5. Members and Titles of your governing board: Daniel J. Havekost/Preside~zt; Don S. MacLachlan/Sec~•etary; Barbara Mooney/Treasurer; Marino A. Bramante/Asst. Secretary; and James Lusk/Asst. Secretary 6. Amount of contribution requested: $200,925.00 7. Organization fiscal year-end: December 3l, 2005 8. Are your books audited? Yes 9. How will the contribution be used? Response on back of page 10. How does your request support item 1C of the contribution policy? Response on back of page 11. Who currently funds your organization (other governments, private donations, user fees, etc.)? The District is funded by a mill levy imposed on property within Cascade Village and specific ownership taxes. 12. Organization's mission statement: Response on back of page (If more room is needed to answer questions, please use the back of this page.) #9 The District is requesting the funds to make structural a~zd safety improvements to Town-owned structures located in or near Cascade Village. The District proposes adding a pedestrian sidewalk, lighting and other safety features to the Westhaven. Drive vehicular bridge. The District also proposes doubling the width of the existing Pedestrian/Bicycle/Skier Return Bridge, located on the Gore Valley Trail, replacing the safety railings, and installing a barrier to separate pedestrian traffic. These improvements will improve the safety and accessibility of the Gore Valley Trail for all Trail users and will facilitate winter maintenance of the Cascade Way ski trail. #10 Cascade Village is a small pedestJ^ian friendly area of the Town. The improvements to the Westhaven Drive Bridge and the redesirianiBicycie%ikier rceiurn Bridge wili Ueriejii focal re~ideriiS and year round visitors to tl:e Town of Vail. The current .Pedestrian/Bicycle/Skier Return Bridge is only 9 feet wide and has a poorly designed approach for bicyclists and skiers. Bicyclists and skiers pose a significant safety risk to pedestrians using the Bridge as part of the Gore Valley Trail. In addition, a wider bridge will allow for improved winter maintena~zce because machi~rery can be used to move and pack snow. 1l~ot only would consistent snow coverage provide a better skier experience, it also means Chair 20 could remai~z open longer at the end of the season, increasing visitor activity in the community. The Westhaven Drive Bridge crosses Gore Creek: after a sharp turn in the road. Currently, pedestrians are forced to walk on the roadway or use tl:e cusrbs designed to keep vehicles on the roadway. In the winter, snow piles up on the curbs forcing pedestrians to walk down the center of the Bridge. Adding a sidewalk and pedestrian lighting will improve safety for all Bridge users, and will provide residents and visitors with a positive recreational experience as part of the Gore Valley Trail. The District also intends to i~zstall stone facades to both bridges. These aesthetic improvements will create a positive visual impact for visitors and residents crossing the bridges oz• viewing them from points throughout the District. The facades will be designed to create a sense of continuity and unity with improvements located within the District and along the Trail above the District. #12 The District was formed in 1 g86 as aquasi-municipal cozpos^ation and political subdivision of the state for the purposes of providing fina~zci~zg, design, construction, operation and maintenazce of public improvements within Cascade Village. In addition to funding ongoing operations and maintenance of Chair 20, the District also maintains conzmo~z areas within the District for use by the general public. CASCADE VILLAGE METROPOLITAN DISTRICT COMBINED BALANCE SHEET February 28, 2005 PAGE1 General Debt Ser Reserve Cap Assets Fund Fund Fund 8, LTD To4als Assets: 1st Bank Checking 563 0 563 ColoTrust -February Interest Rate 2.38% 25,364 0 25,364 ColoTrust -Lift Reserve 369 369 1st Bank -Bond Proceeds 250,370 250,370 1st Bank -Bond Proceeds 1,000,000 1,000,000 1st Bank GF CD 1.85% Matures 06/09/05 101,045 101,045 1st Bank Lift Res CD 1.85% Matures 06(09!05 75,782 75,782 1st Bank Lift Res Matures 12109/04, 2.47°0 74,659 74,659 pooled Cash (7'97; 7'97 0 Total Cash in Bank 1,370,045 7,297 150,810 0 1,528,151 Due from Eagle Co. Treasurer 0 0 0 Reserve Funds Held by VAI 22,638 22,638 Prepaid Lift Operations 0 0 Property Tax Receivable 328,884 0 328,884 Property Tax Receivable - DS 89,547 89,547 TOTAL ASSETS 1,698,929 96,844 173,448 0 1,969,221 Liabilities: Accounts Payable 3,790 0 3,790 Payable to VAI 0 0 0 Payable to Reserve Fund 0 0 0 Deferred Property Tax Rev 328,884 328,884 Deferred Property Tax Rev - DS 89,547 89,547 Bonds Payable 1,250,000 1,250,000 Total Liabilities 1,582,674 89,547 0 0 1,672,222 Equity: Investment in Capital Assets 0 0 Net of Related Debt 0 0 Fund Balance 116,255 •7,297 173,447 296,999 Ending Fund Balance 116,255 7,297 173,447 0 296,999 Total Liabilities & Fund Balance 1,698,929 96,844 173,447 0 1,969,221 SEE ACCOMPANYING ACCOUNTANT'S REPORT _ - PAGE 1 ~SCADE VILLAGE METROPOLITAN DISTRICT ATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE MODIFIED ACCRUAL BASIS :TUAL, BUDGET AND FORECAST FOR THE PERIODS INDICATE GENERAL FUND OPERATING -MILL LEVY DEBT SERVICE -MILL LEVY TOTAL MILL LEVY GENERAL FUND -PROPERTY TAX LEVIED DEBT SERVICE -PROPERTY TAX LEVIED TOTAL PROPERTY TAX REVENUE LEVIED REVENUES -PROPERTY TAXES-OPERATING -PROPERTY TAXES-DEBT SERVICE _CPF~IFI(` (1\Al~I Ff~C1aIP T(~YFC -INTEREST INCOME -CONTRIBUTION FROM TOV FOR CONSTR. TOTAL REVENUES EXPENDITURES LIFT OPERATIONS AUDIT ACCOUNTING ADMINISTRATION LEGAL INSURANCE TREASURER'S FEES DIRECTORS FEES PATH & SIDEWALK MAINTENANCE BRIDGE MAINTENANCE -MAPPING & MASTER PLANNING -CONTINGENCY -TOTAL OPERATING EXPENDITURES -CAPITAL PROJECTS -MAJOR REPAIRS & REPLACEMENTS WESTHAVEN BRIDGE PEDESTRIAN/SKIER BRIDGE PLAZA IMPROVEMENTS -ENGINEERING DESIGN _ ENGINEERING CONSTRUCTION SUPPORT CONTINGENCY -TOTAL CAPITAL EXPENDITURES -DEBT SERVICE -BOND INTEREST EXPENSE -BOND PRINCIPAL/INTEREST --BOND PAYING AGENT FEES -TOTAL DEBT SERVICE TOTAL EXPENDITURES REVENUES OVER (UNDER) EXPENDITURE OTHER SOURCES (USES) -BOND PROCEEDS BOND COST OF ISSUE TOTAL OTHER SOURCES (USES) SURPLUS AFTER OTHER SOURCES (USES) FUND BALANCE -BEGINNING FUND BALANCE -ENDING 2 Months 2 Months Cal Yr Projected Ended Ended Variance 2006 Audited Adopted Variances 2005 02128/05 02128/05 Favorable Prelim Actual Budget Fav(Unfav) Forecast Actual Budget (Unfavor) Budget 5,714,830 35,177,930 35,177,930 36,969,810 35,881,489 8.300 10.100 10.100 10.100 0.000 2.750 2.750 2.750 8.300 12.850 12.850 296,433 355,297 355,297 0 96,739 96,739 293,694 355,297 0 355,297 1 96,739 0 96,739 1 A dnn 77 ~ 77 Q 77 '172 6,103 5,383 0 5,383 150,000 150,000 318,197 484,542 150,000 634,542 260,279 278,512 0 278,512 2,400 2,400 0 2,400 11,001 6,000 (6,000) 12,000 4,675 6,800 0 6,800 48,938 16,000 (16,000) 32,000 6,448 6,600 0 6,600 8,822 13,561 0 13,561 1,875 1,500 0 1,500 14,104 I 0 0 0 10,000 (25,000) 35,000 1,190,000 1,190, 000 11,633 20,020 0 20,020 (400,000) 400,000 (380,000) 380,000 (165,000) 165,000 (128,000) 128,000 (80,000) 80,000 (37,000) 37,000 11,633 1,210,020 0 1.210.020 50,000 (1,128) 51,128 45,000 0 45,000 500 0 500 175 26,413 17,765 7,192 4,837 1~dg1 7,260 475 897 35,570 25,759 41,608 83,554 705 2,400 1,179 1,000 396 1,133 11,308 2,667 6,371 6,600 1,008 533 300 375 0 0 1,716 0 0 64,591 98,262 0 0 0 0 0 0 1,250,000 1, 250,000 1,250,000 1,250, 000 (60,000) 45,000 (15,000) (12,192) (60,000) 0 1,190,000 45,000 1,235,000 1,237,808 1,190,000 (51,978) 27,648 146,872 174,520 1,208,787 1,117,498 390,190 358,872 (20,660) 338,212 338,212 358,872 338,212 386,520 126,212 512,733 1,546,999 1,476,370 .c r~wvrvirr{iv ~ uvu vi,wurv i Hrv i a nert~rt i = _ _ _ _ _ PAGE 2 362,403 98,674 8,648 362,403 2,355 98,674 (769) 21,7aa (423) 7,691 9,811 490,512 41,946 285,000 1,695 2,600 (179) 7,000 738 6,800 (8,641) 16,000 229 7,000 (475) 10,872 75 1,500 0 2,400 0 2,000 (1,716) 0 0 10,000 0 0 0 0 0 51,520 51,520 57,238 40,000 500 33,671 500,430 43,481 (9,917) 0 47,808 47,808 0 91,290 (9,917) ;20,660) 512,733 70,630 502,615 ATTORNEYS AT LAW Kim J. Seter Barbara T. Vander Wall Joan M. Fritsche Staci A. Usagani MEMORANDUM TO: Vail Town Council FROM: Seter & Vander Wall, P.C. RE: Cascade Village Metropolitan District Cost Share Proposal -Supplemental Funding Request DATE: June 2, 2005 The purpose of this memorandum is to provide the Council with additional information pertaining to the Cascade Village Metropolitan District's (the "District") cost share proposal and supplemental funding request. BACKGROUND The District is proposing three capital improvement projects located wholly within the Town of Vail (the "Town"). These improvements are at the Pedestrian/Skier Return Bridge, Westhaven Drive Bridge and Cascade Chairlift Skier Plaza. The District is requesting Town funding for approximately 28.5% of the structural improvement costs to the Pedestrian/Skier Return Bridge and Westhaven Drive Bridge. The District has also agreed to contribute funding towards the Town's Gore Valley Trail improvements through Cascade Village and to provide assistance in obtaining easement and maintenance agreements from the property owners along the trail. A description of each of the four capital improvement projects, capital cost estimates and funding breakdown is attached at Tab 1 -Memorandum to Town Council from Gregg Barrie/Tom Kassmel dated April 19, 2005. RESPONSE TO COUNCIL CONCERNS The following issues have been addressed since Council's April 19, 2005 work session: 7400 E. ORCHARD ROAD SUITE 3300 GREENWOOD VILLAGE, CO 80111 PHONE: 303-770-2700 FAX: 303-770-2701 E-MAIL: SVW(a~SVWPC.COM Intergovernmental Agreement -Town and District. The draft IGA attached at Tab 2 by and between the Town and the District sets forth each party's ownership interest and long term maintenance obligations for the Gore Valley Trail, Westhaven Bridge, Pedestrian/Skier Return Bridge and the Chair 20 Skier Plaza. 2. Design Approvals and Construction Schedules. Updated design and construction schedules for the District's capital improvement projects are attached at Tab 3. Conceptual design renderings approved by DRB are attached at Tab 4. 3. Gore Valley Trail Easements. The Town staff has approved the Recreational Easement and Maintenance Agreement form prepared by the District attached under Tab S. The District has agreed to assist the Town by working with the property owners to obtain Trail easements and maintenance agreements. 4. Cascade Chairlift (Chair 20). The District and Vail Resorts, Inc. ("VR") have negotiated a Second Amendment to their Agreement for Operations and Maintenance concerning the Cascade Chairlift, attached at Tab 6. The District anticipates approving the Amendment at its June Board meeting. In addition to clarifying certain provisions of the original Agreement, the Second Amendment (i) revises the term of the Agreement by providing for successive five year option terms; (iii) revises maintenance responsibilities; and (iii) provides procedures for the replacement of the current Chairlift when necessary. Glen Lyon O en Space -Tract K. VR and the Glen Lyon Subdivision property owners have been negotiating in good faith to amend the subdivision covenants to allow for a cat trail to be constructed and used on Tract K, Glen Lyon Subdivision. VR anticipates resolving this issue by July 15, 2005. Council should note that Tract K is owned by the Town of Vail as open space. 6. Cascade Open Space. Council expressed concern about whether the District had any plans for the open space in the center of the Village on the south side of the creek. The District has determined that the properly belongs to the Town of Vail as open space. 7. Westhaven Drive Sidewalk. The District supports installation of a sidewalk from the Westhaven Drive bridge to the "Ruins" property line. This section of sidewalk is needed to continue Gore Valley Trail through Cascade Village and is an important safety feature for pedestrians and automobiles traveling on 2 4 Westhaven Drive. The District has committed $10,000 to this project. See Tab 1. We anticipate the developer of Westhaven Condominiums will contribute a fair share. ATTACHMENTS 1. Memorandum to Town Council from Gregg Barrie/Tom Kassmel dated April 19, 2005 2. Proposed draft Intergovernmental Agreement between the Town and the District. 3. Construction Schedules (Westhaven Drive Bridge, Pedestrian/Skier Return Bridge & Skier Plaza) 4. Conceptual Drawings 5. Draft Gore Valley Trail Recreational Easement form 6. Draft Second Amendment to Agreement for Operations and Maintenance between the District and Vail Resorts, Inc. CONCLUSION The District respectfully requests the Town of Vail approve its Supplemental Funding Request because the contemplated improvements to the Westhaven Drive Bridge and Pedestrian/Skier Return Bridge are designed to address safety concerns raised by District residents and also experienced by Town visitors. \CVMD\MEMO JMF 1448v2 0020.0206 3 Memorandum To: Vail Town Council From: Gregg Barrie /Tom Kassmel Date: April 19, 2005 Re: Cascade Village Cost-share Proposal Background In March of 2003, the Public Works Department contacted the Cascade Village Metropolitan District (CVMD) to discuss ownership; maintenance, and easement issues in regards to the public recreation path through Cascade Village. The path, now known as the Gore Valley Trail, was an original approval requirement of Special Development District 4 (Cascade Village) however at that time no easements or maintenance agreements were ever executed with the Town. Our initial goal was to consolidate the access easements and develop a maintenance agreement whereby CVMD would contribute towards path improvements and the Town would then take over future maintenance of the path. At the same time, CVMD had been discussing several capital improvement projects in the area and was considering the possibility of seeking financial assistance from the Town for improvements to Town-owned facilities. The information below discusses the multiple projects currently under design within the CVMD and how they relate to each other. The projects are being proposed by CVMD, the Town of Vail, and Mirus, LLC (Westhaven Condominiums). At this time, Staff is asking the Council for feedback to a CVMD Proposal for a funding request. The formal funding request will be presented in June when other funding requests are considered. Projects Cascade Village CVMD is proposing three capital improvement projects. Please see the attached Proposal for more detail: 1. Skier/Pedestrian Bridge: CVMD proposes to widen the existing bridge from 9' to 18' and install a barrier through the winter to separate skier and pedestrian traffic. This is an important safety improvement. Replacement of the existing railings is currently included in the Recreation Path Maintenance Plan at a cost of between $30-40,000. Funding: • Staff supports funding 28.5% of the total structural improvement cost for this project • Estimated TOV cost: $106,305 2. Westhaven Drive Bridge: CVMD proposes to add a 6' wide pedestrian sidewalk to the existing vehicular bridge that would connect to the existing Gore Valley Trail. This also is a safety improvement. CVMD also proposes architectural improvements to the bridge. Funding: • Staff supports funding 28.5% of the total structural improvement cost for this project • 100% of architectural improvements funded by CVMD • Estimated TOV cost: $94,620 3. Skier Plaza: Improvements to the skier plaza at the base of Chair 20 include upgrading the retaining wall, adding a railing and installing additional pavers and landscaping improvements. Funding: • 100% of improvements funded by CVMD Town of Vail The Department of Public Works is involved in several recreation path projects in the area. 1. Gore Valley Trail Reconstruction -Donovan Park to Westhaven Drive: This project is currently budgeted and scheduled for construction in the fall of 2005. It involves rebuilding the existing path and burying overhead electric lines under the path. Funding: • Estimated cost is $175,000 • CVMD proposes to provide $25,000 towards this project Gore Valley Trail Improvements -Westhaven Drive to Skier Bridge: This project would essentially bring the recreation path behind Cascade Village up to Town recreation path standards. Once completed, the Town would agree to take over all future maintenance of this section of the path. It is not currently budgeted. Funding: • Estimated cost is $75,000 • CVMD proposes to provide $25,000 towards this project Westhaven Drive Sidewalk: With the redevelopment of Westhaven Condominiums (i.e. "the ruins"), a sidewalk is proposed from the parking structure to the recreation path along the north side of the road. The Department of Public Works is proposing the continuation of that sidewalk along the west side of Westhaven Drive to the Westhaven Bridge. There is currently a significant safety concern along this section of road due to the short sight distance and tight corner. Funding: • Estimated cost is $45,000 • CVMD proposes to provide $10,000 towards this project and to take over future winter maintenance • Staff is working with the developer for the Westhaven Condominiums for a contribution toward this project 4. Easements and Agreements As stated previously, the discussions with CVMD started with the idea of consolidating the access easements for the Gore Valley Trail through CVMD property and developing a maintenance agreement whereby CVMD would contribute towards improvements to the path and the Town would then take over future maintenance. The Town has hired Peak Land Consultants to determine which easements currently exist and which easements will require amendments or additions. This process should be complete by the fall of 2005. CVMD has offered to work with the property owners to ensure the proper easements are granted. In addition, CVMD has offered to provide necessary legal assistance to draft and execute a maintenance agreement for the Gore Valley Trail through CVMD property. {Please see the attached Proposal for more detail) Funding: • Easement Consolidation cost estimate: $7,000 (TOV) • Maintenance Agreement estimate: $5,000 (CVMD) Funding All of the projects listed above are related to recreation paths or recreation facilities and therefore can be funded by RETT. Of the total TOV portion of the work, over 50% is currently budgeted in 2005 either as a separate project or through the Recreation Path Maintenance account. The funding request by CVMD in the amount of $200,925 would require a Supplemental Funding Request. Please see the attached spreadsheet for additional detail. Staff Recommendation Staff supports the Cascade Village Metropolitan District Proposal contingent capon final construction bids and based on the following: 1. Capital Improvements: CVMD is offering to make structural, architectural, and safety improvements to Town-owned structures at a cost to the Town of 28.5% of structural expenses of each bridge, not to exceed a total of $200,925. In addition, the recreation paths in the area will be reconstructed for the first time since their initial construction (17 years) and will be in good condition for many years. 2. Precedent: The improvements to the bridges are most likely projects that would not be undertaken by the Town without cost-sharing. However, they are desirable improvements. If, in the future, other neighborhoods request similar improvements, there is a precedent set for how funding from the Town may be provided. 3. Ownership: Since the construction of Cascade Village, ownership and maintenance of the recreation path has been in question. At the end of this process, the recreation path will be reconstructed (with the assistance of CVMD), and maintenance responsibilities will be clarified. Conclusion The purpose of this Work Session presentation is to gain initial feedback from the Town Council regarding this Proposal. A formal funding request would be presented in June when other outside party funding requests are considered. With a preliminary endorsement of the Proposal, CVMD can move forward with more detailed design work and will be prepared to provide more detailed cost estimates at the June meeting. INTERGOVERNMENTAL AGREEMENT CONCERNING CAPITAL IMPROVEMENTS AND MAINTENANCE OBLIGATIONS This Intergovernmental Agreement ("Agreement") is effective the day of 2005, by and between CASCADE VILLAGE METROPOLITAN DISTRICT a yuasi- municipal corporation and political subdivision of the State of Colorado (the "District"), and the TOWN OF VAIL, a Colorado municipal corporation (the "Town"). RECITALS The District was organized pursuant to the Special District Act; §§ 32-1-101, et seq., C.R.S., to provide various improvements within Cascade Village as described in the District's Service Plan approved by the Town on January 21, 198E. The Town has determined to repair certain improvements of its own located within the District as part of its capital maintenance program. The District has determined to construct certain capital improvements in order to improve the safety and aesthetics of improvements w"thin Cascade Village, .some of which belong to the Town. The parties desire to work cooperatively and assist each` other in the completion of the capital improvement projects for the benefit of ~theDistrict and the Town. The partiesdesire to define "each party's obligations for maintenance and repair of the capital improvements. The District and the Town: each have the power to enter into contracts and agreements, pursuant to § 32-1-1001(l)(d)(t), and ~ 31-15-101(1), C.R.S., respectively. The -parties desire to enter into this Agreement to set forth each party's respective ownership i»terests and obligations concerning the financing, installation, maintenance and repair of the improvements. NOW, THEREFORE, the parties covenant and agree as follows: COVENANTS AND AGREEMENTS 1. Purpose. The purpose of this Agreement is to define the obligations of the parties associated with ownership, designing, financing, constructing, maintaining and repairing the capital improvement projects described below. 2. Capital Improvements and Maintenance Obligations. A. Westhaven Bridge. a. Town of Vail. The Town will contribute funds toward the cost of designing and constructing the structural improvements to the bridge, including widening of the bridge by adding a pedestrian sidewalk and installing lighting for safety purposes along the bridge. The Town owns the bridge and will be responsible for structural maintenance and repair of the bridge, summer maintenance and snow removal from the roadway.. portion of the bridge. b. Cascade Villace Metropolitan District. The District will design, finance in part and construct the structural and aesthetic improvements to' the Westhaven Bridge, including widening the bridge, installing a stone facade, pedestrian sidewalk and lighting. Construction is anticipated to begin in late August and be completed before thcend of the year. T'he District will be responsible for maintenance and repair of the stone facade and for snow. `removal along the pedestrian sidewalk section of the bridge. B. Pedestrian/Skier Return Bridge. a. Town of Vail. The Town will contribute funds toward the cost of designing and constructing the structural improvements to the bridge;.including increasing the width of the bridge and installing a partition to separate pedestrian' use from the skier return portion of the bridge. The Town owns `the bridge and will be responsible for structural maintenance and repair of the bridge and summer maintenance. b. Cascade Village Metropolitan District. The District will design, finance in part and construct tlic structural aid aesthetic improvements to the bridge, including widening the bridge, and installation.. of a stone. facade and a partition to separate pedestrian use from the skier return section of the bridge. " Construction is anticipated to begin in late August and be complete bylate November. The District will~be responsible for securing winter maintenance and maintenance of the stone fa~adc. C. Gore Valley Trail a. ' Town of Vail. The Town will survey, design and construct the improvements to`'the trail from the pedestrian skier return bridge, through Cascade Village to Donovan Park, including -widening and repaving sections of the trail. The trail is shown on Exhibit A. The Town owns the trail and is assuming responsibility for repairs and summer maintenance, including sweeping, shouldering, crack sealing, paving and striping, as needed to maintain the trail in a safe and useable manner during the non-winter months. The Town shall be responsible for maintenance up to the edge of the asphalt or gravel shoulder, whichever is greater. b. Cascade Village Metropolitan District. The District may alter the location of a section of the trail in connection with construction of the safety improvements to the pedestrian/skier return bridge, as approved by the Town. The District will participate in the trail 2 improvements by obtaining title work and easement agreements from property owners along the trail on behalf of the Town. The easement agreements will include provisions for access to the trail site and for construction and maintenance related activities. The District shall be responsible for winter maintenance of the skier return portion of the trail, as shown on Exhibit B. D. Skier Plaza. a. Cascade Village Metropolitan District. The District anticipates designing, financing and constructing the structural and aesthetic improvements to the plaza, including improvements to the retaining wall, plaza surface and landscaped areas ofthe plaza. The District is responsible for maintaining and repairing improvements to the p}aca, including snow removal. 3. Insurance. A. Town of Vail. The pedestrian/skier return bridge and Westhaven Drive bridge are owned by the Town of Vail and the Town will have an easement interest in Gore Valley Trail through the District. The Town is responsible for insuring the bridges and trail. B. Cascade Village Metropolitan District. The District insures the public access easements associated with the skier plaza;.;,.. C. Other Parties. Cascade` Village Association ~ currently insures the pedestrian/skier return bridge as well as the `section of-the Gore Valley Trail marked on Exhibit A. 4. Trail and Bridge Maintenance. A. Summer Maintenance. The Town will be responsible for all summer maintenance requirements of the Gore Valley .:Trail, including the pedestrian/skier return bridge and Westhaven Drivebridge, asshown onExllibit A. Summer maintenance shall start each spring w,rth~~the closing ofthe Cascade chairlift (a/k/a Chair 20) or the melting of snow off of the Trail, whichever event occurs later, and-will end each fall with the first substantial snow fall. The Town is not responsible for snow removal on the trail but may do so at its discretion. Summer maintenance shall include but not be limited to sweeping, shouldering, crack sealing, paving and striping, as needed to maintain the trail in a safe and useable manner during the non- winter months. Summer maintenance responsibilities will be determined and scheduled by the Town as part of its recreation path maintenance plan. Any required work will be prioritized with other recreation path maintenance work throughout the Town. B. Winter Maintenance. The Town will not be responsible for winter maintenance of the Gore Valley Trail or pedestrian/skier return bridge. The Town is responsible for snow removal on the automobile section of the Westhaven Drive bridge. The District is responsible for winter maintenance of the pedestrian portion of the Westhaven Drive Bridge including snow and ice removal and ensuring the sidewalk is in a safe and usable condition. Currently, three entities are responsible for providing winter maintenance for sections of Cascade Way and the Gore Valley Trail. Vail Resorts, Inc. maintains Cascade Way to the uphill side of the "skier 3 underpass," located at the stone bridge. The District is responsible for winter maintenance from the uphill side of the stone bridge to the pedestrian/skier return bridge. Cascade Village Association provides winter maintenance from the uphill side of the pedestrian skier return bridge through the District to the skier plaza. Winter maintenance may be contractually assigned to the District or other entities. 5. Notice. Any notice or other communications required or permitted by this Agreement or by law to be served on, given to, or delivered to the other party hereto shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed or when deposited in the United States' mail, first-class, postage prepaid, addressed to: the District: Cascade Village Metropolitan District c/o of Seter & Vander Wall, P.C. 7400 East Orchard Road, Suite 33D0 Greenwood Village, Colorado 80111 Attn: Kim J. Seter, Esq. (303) 770-2700 the Town: Town of Vail 75 S. Frontage Road Vail, Colorado 8165? Attn:Greg Hall (970) 479-2.1.00 6. Indetnnif`ication. A: CVMD. ~ To the extent permitted by law, CVMD will indemnify, defend and hold the Town harmless from all causes of action, claims, suits, judgments, losses, actual damages and cysts (including without limitation reasonable attorneys' fees) incurred by the Town as a result of the negligence or willful misconduct on the part of CVMD in carrying out its obligations underthis Agreement. B. The Towne. To the extent permitted by law, the Town will indemnify, defend and hold CVMD harmless from all causes of action, claims, suits, judgments, losses, actual damages and costs (including without limitation reasonable attorneys' fees) incurred by CVMD as a result of the negligence or willful misconduct on the part of the Town in carrying out its obligations under this Agreement. C. Non-Waiver of Governmental Immunity. The parties understand and agree that the Town and CVMD are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections 4 provided by the Act or any other limitation or defense otherwise available to them, their officers, or employees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: By: Title: ATTEST: \CVMD\AGRT JMF1457 v2 0020.0301 CASCADE VILLAGE METROPOLITAN DISTRICT By: Title: TOWN OF VAIL; COLORADO By: Title: 5 EXHIBIT A Gore Valley Trail through District EXHIBIT B Skier Return Trail ~ 5 Qtr 2, 2005 Qtr 3, 2005 Qtr 4, 2005 ID ~ Task Name Duration Start Finish Feb Mar A r Ma Jun Jul Au Sep Oct Nov 1 I 2 Plaza Improvements 155 days ~ Mon 3/14/05 ; Fri 10/14/05 3 Q - _.. .... Design Phase 90 days Mon 3/14/05 ; Fri 7/15/05 ~ -~ ~' 4 ~ _.... _.. _..... __......_. _..___. . Bid Phase ...__. Y 25 da s ~ Mon 7/18/05 Fri 8/19/05 , N: ;; }',;~. 5 I j _.. ~ Construction Phase _ . 40 days Mon 8/22/05. Fri 10/14/05 - ~ - ~. Task Milestone • External Tasks Project: PlazaSched052305 Date:Tue5/24/05 Split ~~~~~~~~~~~~~~~ Summary External Milestone ~ Progress Project Summary u ---~ Deadline `~ Cascade Village Metropolitan District Plaza Improvements Project Schedule 05 Qtr 2, 2005 Qtr 3, 2005 Qtr 4, 2005 ID ~ Task Name Duration Start Finish Feb Mar A r Ma Jun Jul Au Se Oct Nov Dec 1 2 : Skier Bridge Improvements "-i _-- 175 days' .-......-Mon 3/14/05.:__....._.._._ ............................. Fri 11/11/05 3 ~ ~ Design Phase ti 90 days : Mon 3/14/05 Fri 7/15/05 ,.,.,, - ~ i 4 Bid Phase _. 25 days Mon 7/18/05 Fri 8/19/05 ;j,, ,,,"r, s 5 f __. Construction Phase 60 da s Mon 8/22/05 Fri 11/11/05 Task Milestone ~ External Tasks ~ ~ ~" °~ Project: SkierSched052305 Date:Tue5/24/05 Split ~ Summary ~~~~~~~,~~~~~~ External Milestone Progress Project Summary ~ - -- - _ ~ Deadline ~~ Cascade Village Metropolitan District Skier Bridge Improvements Project Schedule 005 Qtr 2, 2005 Qtr 3, 2005 Qtr 4, 2005 Qtr 1, ID ~$ Task Name Duration Start Finish Feb Mar A r Ma Jun Jul Au Se Oct Nov Dec Jan 1 2 ' Westhaven Bridge Improvements 195 days Mon 3/14/05 ~ Fri 12/9/05 3 ®" Design Phase 90 days .."......Mon "3/14/05 i Fri 7/15/05 "" 4 Bid Phase 25 days .. .."". "."".Mon 7/18/05 , Fri 8/19/05 5 Construction Phase 80 days Mon 8/22/05 i Fri 12/9/05 ;; „ , Task :;.'.;.. ,:'-..- - , ~- Milestone • External Tasks ~ ~~ Project: WesthavenSched052305 Date:Tue5/24/05 Split ~~~~ Summary External Milestone ~~~~~~~~~~~ Progress Project Summary ~-- Deadline Cascade Village Metropolitan District Westhaven Bridge Improvements Project Schedule ,1 Fy t :.~ t~ ( r~ . o..; ~., i? L J~ ~x.A ~, ..,._y 1 . -.-;.. - -. - _ Cascade Village -Westhaven Drive Bridge Low Columns w/lighting integrated into stone walls ,_ l i~ ..i l J Il. 1 ~. t ~ ~: I ~ ~.. Cascade Village -Westhaven Drive Bridge Low Columns w/lighting integrated into stone walls ZJ~, >:,,~ ~.~~" ,~ ~~~~' , - .yam `-; ~~. ~~ _ ~ C~n ~, ~ k ~~ ,r~~..,,'~-~ ,.. r, - ~" ~- ~: ~>n~. a ~ s r~ ( ~ a~~ lR j = I ,. ~ , w '-` r,. , 1-'c ~ FR(T2LEN {{ PIERCE p r . . i ,.. :~ ~ ~D ~ ~ ;~a ' } k~9' 4 :^r I" , } ~ ~ „~i `i. ~; ._ - i ~If Gl~ ^ .1' ,. _ ~~ `~.~ ~~~ ~~f..: ~~~ J PROPOSED SKIER BRIDGE ~. ,_ <~ z, ~~ RECREATIONAL EASEMENT AND MAINTENANCE AGREEMENT This Recreational Easement Agreement (this "Agreement") is made this day of , 2005 by and between , a whose legal address is (the "Grantor"), and the Town of Vail, a municipal corporation of the State of Colorado (the "Town"), whose legal address is 75 South Frontage Road, The Town, Colorado 81657, grantee. RECITALS A. Grantor is the owner of the real property located in' the Town of Vail, Eagle County, Colorado, described on Exhibit A, attached hereto.. (the; `Property"). B. The Property is located within Special Development District 4 (Cascade Village). C. The Gore Valley Trail crosses the Property, running in an easterly and westerly direction, as more fully described on Exhibit B (the ``Trail") and continuing over the land immediately to the east and the west of the Property boun~aiy lines that is used for pedestrian, cross country skiing, biking and other permitted recreational purposes. D. Construction of a path, now pant 'of the Trail, was an original approval requirement of Special Development District .~. E. Grantor grants the Town an easement over and across the Trail, under the conditions set forth below. GRANT 1. Grant. For Ten Dollars and other good and valuable consideration, including the covenants and conditions in this Agreement, the receipt and sufficiency of which is hereby acknowledged, Grantor grants to the' Town a permanent, non-exclusive easement (the "Easement"') (a) over and across the Trail for use by the public for biking, cross country skiing, pedestrian and other recreational uses permitted by The Town, and (b) over and across the Trail and the Property immediately'adjacent to the Trail, for use by the agents and employees of the Town as reasonably, necessary to carry out the obligations of the Town under this .Agreement. 2. Non-Exclusive Easement. This Agreement does not grant exclusive use of the Easement to the Town. Grantor may use the Trail for all purposes consistent with the use of the Easement by the Town and its agents, employees, licensees and invitees. Any use of the Trail by Grantor shall not interfere with the use of the Trail by any person or endanger any person using the Trail as contemplated in this Agreement. 3. Maintenance and Operation. By accepting and using the Easement, the Town agrees: a. The Town will maintain, operate, repair and control the Trail, at the Town's own cost, as necessary to keep the Trail in good and safe condition. Without limiting the meaning of the preceding sentence, the Town will be responsible for repaving or replacing the surface of the Trail as necessary, and for keeping the Trail clear of debris. The Town will have the right to remove any objects and to trim any landscaping interfering with the use of the Trail. The Town will also have the right to use as much of the Property immediately adjacent to the Trail to perform surveying, construction, maintenance, repair, removal and replacement work on the Trail as may be required to permit the operation of standard machinery needed for such work. Following any such work, the Town will promptly restore the surface of the ground to its former condition, as nearly as practical, and will promptly replace all trees, bushes and other vegetation removed or damaged by the Town. b. The Town will be responsible for summer maintenance of the Trail through the individual properties through Cascade Villagz. Summer maintenance may include, sweeping, shouldering, crack sealing, paving and striping as needed to maintain the path in a safe and usable manner during the non-winter months (``Summer Maintenance"). c. Summer Maintenance will start each spring with the 'closing of the Cascade Village chairlift (a/k/a Chair 20) or the melting` of-snow off of the Trail, whichever event occurs later. Summer Maintenance will end each fall with the first substantial snow fall. The Town will not be responsible for winter maintenance of the Trail, however, the Town may snow plow the path at its discretion, with`the exception of the section of path used for skier traffic. d. Summer Maintenance responsibilities-will be determined and scheduled by the Town as part of the town-wide recreation path maintenance plan. Any required work will be prioritized with other recreation bath maintenance work throughout the Town. e. ..The Town shall be responsible for maintenance up to the edge of asphalt or gravel shoulderof the Traih whichever is greater. £ The Town will be responsible for enforcing any rules and regulations applicable to the use of the Trail in accordance with the ordinances of the Town. g. The Town may contract with other public or private entities to provide these services for all or pa--t of each year. 4. Insurance. The Town will carry general liability coverage in the amount of $2,000,000 per occurrence against damage to or loss of property and injury to or death of any person occurring on or about the Trail. The policy will name Grantor as an additional insured, will obligate the insurer to notify Grantor at the address above of any change or cancellation in coverage at least 30 days before the effective date of the change or cancellation, and will include a contractual liability endorsement sufficient to cover the indemnity by the Town set forth above. Upon execution of and as a condition to Grantor's performance of this Agreement, the Town will deliver to Grantor a certificate evidencing this coverage, and prior to the expiration of any such 2 policy; the Town will furnish Grantor with a certificate confirming renewal or replacement coverage for the expiring policy. 5 Termination. If the Town permanently abandons the Easement, all right, privilege and interest granted to the Town under this Agreement will terminate; however, the burdens and obligations imposed under the Special Development District 4 will remain on the Property. 6. Warranty Grantor. Grantor warrants to the Town that Grantor has good and indefeasible fee simple title to the Property, including the Trail, subject only to taxes not yet due and payable and matters of record. - 7. Covenants Running with the Land. All provisions of the Agreement run with the land and benefit and are binding upon Grantor, the Town and-their successors' and assigns. 8. Governin Law. This Agreement will be `•governed by and `interpreted in accordance with the laws of the Sate of Colorado. Effective as of the date first above written. GRANTOR:.. ATTEST: By: Title: By' - Title: STATE QF ) ss.; COUNTY OF ) The foregoing Easement Agreement was acknowledged before me this 2005 ~y' , as by , as of Witness my hand and official seal. My commission expires: [SEAL] day of and Notary Public 3 ATTEST: By: _ Title: TOWN OF VAIL, COLORADO By: _ Title: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Recreational Easement Agreement was;acicnowledged before me this day of , 2005 by , as ,and by , as of theTowri of Vail. Witness my hand and official seal. My commission expires: [SEAL] Notary Public CVMD\EA9EMENTS'~.TnV JMF1539 v3 0020.0606 4 Exhibit A Legal Description of the Property Exhibit B Legal Description of the Easement (Trail) CONSENT TO GRANT OF EASEMENT as beneficiary of the recorded on at in the office of the Clerk and Recorder of Eagle County, Colorado, and encumbering the Property as defined in the foregoing Recreational Easement Agreement, for itself and its successors and assigns, consents to the grant in that Easement and agrees that no proceedings to enforce its rights under the by foreclosure or otherwise will extinguish or otherwise' impair the rights conferred under the Recreational Easement Agreement. IN WITNESS WHEREOF, the undersigned has executed this Consent to Easement on this day of , 2005. LENDER: By: Pl-inted Name: Title: STATE OF _ ) ss. COUNTY OF 1 The foregoing instrument was`ackn~wledged..before me on this day of by , as ~ , of WITNESS my hand and official seal. My commission expiresa (SEAL) 2005, Notary Public SECOND AMENDMENT TO AGREEMENT FOR OPERATIONS AND MAINTENANCE THIS SECOND AMENDMENT TO AGREEMENT FOR OPERATIONS AND MAINTENANCE (this "Amendment") is made as of the day of , 2005, by and between the CASCADE VILLAGE METROPOLITAN DISTRICT, aquasi-municipal corporation and political subdivision of the State of Colorado (the "District"), and THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., a Colorado corporation ("VAI"), together referred to as the "Parties." RECITALS: WHEREAS, the District and VAI are parties to a certain Agreement for Operations and Maintenance dated as of December 1, 2001,`as modified 6y a First Amendment to Agreement for Operations and Maintenance dated effective as of November 1, 2003 (together the "Agreement") concerning the operation, maintenance and replacement of 'Vail Mountain Chairlift No. 20 (the "Chairlift"); and WHEREAS, the Parties .have determined to -provide for additional optional extensions of the term of the Agreement, and to amend and/or clarify the provisions of the Agreement in certain other respects; and WHEREAS, capitalized terms used `but not defined herein shall have the meanings ascribed thereto under the Agreement: NOW,., THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the Parties agree as follows: 1: Term..... (a) The Parties acknowledge that the District has properly exercised its option under the Agreement` to extend its term for an additional five (5) years, and the existing term of the Agreement shall expire at the end of the 2010-2011 ski season (the "Existing Term"). (b) VAI hereby grants the District successive options (the "Option(s)") to extend the Existing Term 'for successive periods of five (5) ski seasons each (the "Option Term(s)"), with the first Option Term commencing with the 2011-2012 ski season.. The number of Option Terms available will be limited only as otherwise provided herein. The timely exercise of any and each preceding Option, and the successful completion of the corresponding Option Term, all in accordance with the provisions hereof, shall constitute a condition precedent to the District's right to exercise any Option and its corresponding Option Term. In order to exercise any Option, the District must give VAI written notice thereof on or before June 1st two (2) calendar years prior to the commencement of the first ski season within the applicable Option Term (e.g., the first Option Term commences with the 2011-2012 ski season, and therefore notice of exercise of the Option must be given to VAI on or before June 1, 2009). The Existing Term and any Option Terms that take effect in accordance with the provisions of this paragraph 1 are sometimes referred to hereinafter collectively as the "Term." 649113.9 RCFISH (c) If at any time commercial skiing operations on Vail Mountain are terminated, the Term, all further Options and the Agreement will automatically terminate. (d) If the District is in breach or default of any of its obligations under the Agreement at the time of exercising any Option or the commencement of the corresponding Option Term, and does not cure such breach or default within thirty (30) days after written notice from VAI, VAI at its election may notify the District that its breach of a condition precedent has terminated the District's right to exercise the Option, and thereupon the Agreement shall terminate. 2. Notification of Anticipated Major Maintenance and Repair Costs. Pursuant to Section 4 of the Agreement, the District is obligated to pay Major Maintenance and Repair Costs of the Chairlift. In order for the District to adhere to state budget laws, VAI agrees to notify the District of anticipated Major Maintenance and Repair Costs by-September 1st of the calendar year preceding the ski season in which the pertinent Major Maintenance and Repair Costs are projected to be incurred. Those anticipated Costs will be determined by VAI in its ordinary business judgment, and may include allowaTices and contingencies foe cost overruns and unforeseen expense outlays that are not projected. The bistrict's funding of its Major Maintenance and Repair Reserve in accordance with the ';foregoing, and also any overruns in Major Maintenance and Repair Costs th`at,exceed the Reser~-e balance from time to time, will, at VAI's election, be a condition precedent to VAI incurring the pertinent expenditures (including any deposits or advances) and also the continuation of the Term of the Agreement. VAI may elect to terminate the Agreement upon sixty (60) days written notice to the District if VAI does not receive adequate assurance of funding by the District in a timely manner, as determined by VAI in its ordinary business judgment. The District shall reimburse VAI for Major Maintenance and Repair Costs incurred from~time to time within thirty (30) days after notice thereof. 3. Notification of Anticipated Chairlift Replacement. Pursuant to Section 5 of the Agreement, VA1 is required to notify the District if it determines the Chairlift requires replacement~in whole'or in part. VAI agrees to make such notification on or before June 1st two (2) calendar years prior to the start of ski season during which a new replacement Chairlift would be placed in operation, and/or the current Chairlift would cease operation, in order for the District to :obtain voter authorization and/or additional funding, if necessary, to replace the Chairlift in whole or in part. VAI may elect to terminate the Agreement upon written notice to the District if; qn or before the December ls` preceding the year in which the Chairlift replacement is to be undertaken, VAI does not receive adequate assurance of the requisite voter authorization and funding to defray the full costs of the Chairlift replacement ("Replacement Costs"), as determined by VAI in its ordinary business judgment. In any case the requisite funding for any expenditures, including advances and deposits, must be in place and available before VAI may be required to incur the expenditures. In addition, should such assurance be provided, but the amounts funded prove to be inadequate to cover the full amount of the Replacement Costs, VAI at its election may again terminate the Agreement upon sixty (60) days' notice and will have no obligation to proceed further with the replacement unless and until such deficiency is funded by the District within that 60-day period. If the replacement proceeds, the District shall reimburse VAI for Replacement Costs incurred from time to time within thirty (30) days after notice thereof. 649! 13.9 RCFISH 2 4. Control of Operations. Determination of when and on what basis to replace the Chairlift facilities, in whole or in part, or to incur Major Maintenance and Repairs with respect thereto, or to otherwise make capital expenditures in relation thereto, will be made solely by VAI from time to time in its ordinary business judgment, subject to good faith consultation with the District upon request. Notwithstanding any other provisions hereof or of the Agreement that may indicate to the contrary, in the event VAI is not given adequate assurances, as determined by VAI in its ordinary business judgment, that applicable Replacement Costs, Major Maintenance and Repair Costs, and/or O&M costs (collectively "Chairlift Costs"), before the incurrence thereof, have been appropriated and funded by acid are available from the District, or VAI is not reimbursed for any Chairlift Costs when reimbursement thereof is due and owing from the District, then VAI at its election may forego the: incurrence of the applicable Chairlift Costs and/or discontinue Chairlift operations and mainte-lailce. The foregoing is in furtherance of the controlling intent under the Agreement 'that the District bear capital and ordinary costs associated with Chairlift maintenance, replacement and operations, subject to the credits expressly granted to the District under the terms of the Agreement. :Tn addition, and without limitation by the foregoing provisions, the District shall have personal liability for the payment and reimbursement of Chairlift Costs which have been appropriated by the bistrict. 5. Surviving_Obl~ations. Upon any ermination of the Agreement, the parties shall remain obligated to conduct a reconciliation and to pay any outstanding O&M costs incurred or reimbursements due through the end of the Term. 6. Governing Provisions.' The Tei7n will be governed by the Agreement, as amended herein, and subject to the following: (a) From and after the date hereof, VAI will exercise due diligence to keep and maintain:. Cascade Ways' as the same is depicted on Exhibit A hereto, in material conformity with the snow=making and grooming standards used by VAI for other ski trails during each season that VA[ coriducts' skioperations on Vail Mountain (the "Cascade Way Maintenance"). In addition, upon completion of reconstruction of the Cascade skier return bridge in conformitywiththat certain letter agreement of even date herewith between the District and VAI; the Cascade Way Maintenance` will apply to the skier return bridge and the lower portions of Cascade Way below the,,.bridge to the Chairlift skier plaza so long as the District reconstructs and maintains tho' bridge in a good condition and repair adequate to support the passage of snow cat and other vehicles and equipment customarily used under prevailing ski industry standards for grooming and maintaining ski trails (with the adequacy of the bridge's condition for these :purposes to be determined by VAI in its ordinary business judgment). However, the opening and closing of Cascade Way will be subject to seasonal limitations (dependent on snowfall and other weather factors) on its use for Vail Mountain skiing operations, as determined by VAI in its ordinary business judgment, which limitations in historical practice have generally relegated the opening of Cascade Way to no sooner than approximately one week prior to Christmas and required its closing generally no later than approximately April 1 (the foregoing time frames being for general reference purposes only and without limitation on VAI's exercise of its ordinary business judgment). Snow making for the bridge or portions of Cascade Way below the bridge will not be required. VAT will have no obligation to make any improvements or expenditures of a capital nature in furtherance of maintaining or operating Cascade Way for the benefit of the District or its constituents. 649113.9 RCFISH 3 e (b) The costs and expenses incurred by VAI in connection with the Cascade Way Maintenance will be included in the O&M costs and the District will be obligated to reimburse VAI therefor in accordance with the provisions of the Agreement. The line items for O&M costs, as set forth on Exhibit A to the Agreement, may be supplemented or modified by VAI as necessary to account for costs associated with the Cascade Way Maintenance, in accordance with VAI's accounting practices and policies, to the extent those costs have not already been included pursuant to historical practices in accounting for and billing O&M costs (which historical practices shall be continued). (c) VAI's agreements and obligations under this Amendment and the Agreement will be binding and enforceable only to the extent that the undertaking of those agreements and obligations is permissible from time to time under airy governing lease, permit or other applicable agreements with or authorizations of the United States Forest Service ("USFS"). The parties acknowledge and agree that neither this Amendment nor the Agreement encumbers, restricts or limits any property interests of USFS. (d) The Parties acknowledge and agree that any legal limitation upon the District's ability to fund monies owing under the':'. Agreement, whether now existing or hereafter arising, shall not be construed to limit VAI°s rights and remedies under or in connection with the Agreement for any: resulting payment delinquency, except for applicable legal prohibitions on the collection of the delinquent sums. 7. Condition to Effectiveness. The Parties acknowledge that VAI and the Town of Vail (the "Town") desire that Tract K, Glen Lyon `Subdivision, according to the recorded plat thereof, Eagle°'County, Colorado (`.`Tract K"), be used for the grading, construction, installation, maintenance, use and enjoyment thereon of an access trail employed by snow cats, snowmobiles or other vehicles or equipment in connection with skiing or other wintertime uses or activities conducted on Vail Mountain from time to time (the "Mountain Access Uses"), and that Tract K is currently subjectto use-.restrictions under the Glen Lyon Covenants (defined below), that-may preclude the use of Tract K'for Mountain Access Uses. As a condition to the enforceability of this Amendments VAI must secure and receive, on or before July 15, 2005, a valid and effective recoi;dable amendment to the "Protective Covenants of Glen Lyon Subdivision," as originally recorded in the real property records for Eagle County, Colorado, on April 4, 197.8; in Book 268 at Page 698, and as subsequently amended (the "Glen Lyon Covenants"), that establishes Mountain Access Uses and confirms certain other Vail Mountain uses as permitted'"uses upon Tract K, such amendment to be made in accordance with the amendment approval requirements under the Glen Lyon Covenants and to be in the form attached as Exhibit B hereto (the "Covenants Amendment"). If the Covenants Amendment is not timely secured and received in accordance with the foregoing provisions, VAI at its election may at any time terminate this Amendment by notice to the District, and upon the giving of such notice this Amendment and the Options and other terms and provisions hereirr will be of no further force or effect. 8. Time of the Essence. Time shall be of the essence for this Amendment and the Agreement and the provisions and obligations hereunder and thereunder 649113.9 RCFISH q. 9. Effect on A>reement. Except as modified hereby, the Agreement shall remain in full force and effect in accordance with its stated provisions. For purposes of the other provisions hereof, this Amendment shall constitute part of the Agreement, and the terms of this Amendment shall be construed and applied as part of and in conjunction with the terms of the Agreement. However, in the case of any conflict or inconsistency between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall be controlling. 10. Successor Operator. VAI may assign its rights and obligations under the Agreement to any successor operator of Vail Mountain without the District's consent, and upon such assignment VAI will have no further obligations under the Agreement: 11. Exhibits. The Exhibits to this Amendment are incorporated herein by this reference and made a part hereof. 12. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original and which together shall constitute one and ..the same agreement. IN WITNESS WHEREOF; this Second Amendment to Agreement for Operations and Maintenance has been made between the District and VAI as of the'day, month and year first above written. CASCADE VILLAGE METROPOLITAN °DISTRICT,'a quasi-municipal corporation and political subdivision of the State of Colorado By: Name: - Title: ATTEST: By: Name: Title: [Signature blocks continue on following page] CVMD\AGRT JMF0542 v6 OS-31-OS 0020.0206 649113.9 RCFISH 5 THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., a Colorado corporation By:_ Name: Title: ATTEST: By:_ Name: Title: 649! 13.9 RCFISH 6 EXHIBIT A Depiction of Cascade Way (See attached) 649113.9 RCFISH A- I y ~ • ~. EXHIBIT B Form of Amendment to Covenants (See attached) 649113.9 RCFISH B-1 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: June 7, 2005 SUBJECT: First Reading of Ordinance No. 15, Series of 2005, a proposed text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. (Attachment C) Applicant: Helmut Reiss, represented by Isom 8~ Associates Planner: Matt Gennett I. SUMMARY The applicant, Helmut Reiss, is requesting to amend Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, which further restricts site coverage on lots with average slopes in excess of 30% within four of the nine residential zone districts established in Chapter 12-6, Residential Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20% maximum. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of residences on steep hillsides (Attachment A). Based upon staffs review of the criteria in Section IV of this memorandum, and further analysis into site disturbance related to residential development (Attachment B), the Community Development Department recommends approval with modifications (Attachment C) upon first reading, to the Vail Town Council. II. DESCRIPTION OF THE REQUEST The applicant, Helmet Reiss, represented by Isom & Associates, is proposing a text amendment to Section 12-21-14.E.1, Restriction in Specific Zones on Excessive Slopes, Vail Town Code, to increase the allowable site coverage from 15% to 2.0% in the zone districts: Hillside Residential (HS), Single Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary Secondary Residential (P/S), as specified by 12-21-14. E.1. The proposed text amendment is as follows: (deletions are shown in ~+r~~,,,~-t,;,~~-gh/add'itions are shown bold) ° ° I~~d ~1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. III. BACKGROUND On June16, 1978, the Vail Town Council approved by a unanimous vote Ordinance No. 12, Series of 1978, which is entitled as follows: An Ordinance Amending TitlEa 18 of the Vail Municipal Code Related to Zoning; Providing New or Amended Definitions Pertaining to Buildable Site Area; Defining Avalanche Hazard Areas, Flood Plain Hazard Areas; Setting Forth Site Dimensions, Density Controls, Site Coverage, Gross Residential Floor Area, As Affected by the Specified Hazard Areas; Setting Forth Details in Relation to the Foregoing; and Providing a Severability Clause for this Ordinance. Ordinance No. 12, Series of 1978, added the then new Chapter 18.69, entitled Hazard Regulations, and includes the following purpose statement: 18.69.010 Purpose -The purpose of this ordinance is to protect the flood plains, avalanche paths, steep slopes, and other natural hazards of the Town of Vail; to regulate the use of land areas subject to flooding, avalanche, and slopes; to protect economic and property values, aesthetic and recreational values, and other natural resources ana' values associated with the floodplains, avalanche areas, and slopes; and to protect the public health, safety, and welfare. On April 25, 2005, the Planning and Environmental Commission (PEC) held a public hearing on the applicant's request and forwarded a recommendation of approval to the Vail Town Council. IV. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the .provisions of Chapter 12-3, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, Staff believes the proposed text amendment, as submitted; does not further the general and specific purposes of Title 12, Zoning Regulations. However, with the modifications to the applicant's requested amendment as proposed by staff in SectionV of this memorandum, the general and specific purposes of Title 12 are furthered. According to Section 12-1-2, Purpose, Vail Town Code, the general and specific purposes of the Zoning Regulations are as follows: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 2 8. Specific: These regulations are intended to achieve the following more specific purposes: 1.. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarfers. 11. To otherwise provide for the growth of an orderly and viable community. Upon review of the stated purposes of the Zoning Regulations, staff believes that this proposed text amendment does not further these purposes. The prescribed text the applicant wishes to amend was specifically enacted to protect the natural topography of the steep slopes in question; to protect the inherent aesthetic and economic .value of the undisturbed terrain threatened by this proposed text amendment; and to protect the public health, safety, and welfare; as clearly tracked and outlined in Section III of this memorandum. However, staff does believe the modified version of the existing language, which addresses site disturbance specifically, rather than attempting to minimize site disturbance through the further restriction of maximum site coverage on steep slopes, will fulfill this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff does not believe the text amendment request, as submitted, better implements or achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan, nor is it entirely compatible with the development objectives of the Town. With the addition of staff's suggested language limiting site disturbance explicitly, however, staff does believe this criterion will be met, especially in consideration of the following specific goals: 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions; 3 i 5. To conserve and maintain established community qualities and economic values; 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives; 8. To safeguard and enhance the appearance of the Town; and 9. To conserve and protect wildlife, streams, woods, hillsides, and other. desirable. natural features. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, Staff has found that this text amendment proposal, as submitted, does not demonstrate how conditions have substantially changed since the adoption of the subject regulation, nor can staff find any evidence of relevant conditions having changed. The creation of the 15% site coverage restriction on lots with an average slope greater than 30% was intended to result in "development that is more sensitive to the site with less site disturbance", as stated by the Town Council in Ordinance No. 13, Series of 1994. Since staff has determined the restriction of site coverage to 15% on steep slopes does nothing to limit actual site disturbance, a more appropriate text amendment would be one which sets a limit on the extent a site is allowed to be disturbed when the average slope exceeds 30%. (Attachment B) 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, Staff has determined that the proposed text amendment does not provide a harmonious, convenient, workable relationship among land use regulations and is inconsistent with municipal development objectives. Again, the primary purpose of restricting the site coverage on steep slopes is to minimize site disturbance. The restriction does force owners and developers of steep lots to create a more vertical design, rather than one which is more horizontal, but it does not restrict the amount of a site that can be disturbed by excavation work or retention systems. If the intent of the subject regulation is to actually limit the amount of site disturbance created by constructing a home on a steep slope, than it should be amended to directly regulate site disturbance as a percentage of the lot size and in proportion to the steepness of the slope. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. Section 12-21-14E.1, Vail Town Code, is meant to substantially decrease site disturbance for these 640 lots by giving applicants the incentive to locate structures close to the street, thereby minimizing a cut across a steep lot for access. However, based upon the analysis by staff, this regulation alone does not unilaterally further the Town's development objectives. The additional text outlined in Section V of this memorandum will work toward protecting the values of the Town of Vail, and meeting its development objectives. 4 V. STAFF RECOMMENDATION The Community Development Department recommends approval with modifications, as noted in Section 1 of Ordinance No. 15, Series of 2005 (Attachment C) upori first readirig, to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section IV of this memorandum and the evidence and testimony presented. VI. ATTACHMENTS A. Applicant's Request B. Staff Analysis C. Ordinance No. 15, Series of 2005 5 Attachment: A ISOM ~ ASSC)CIATES 0 Architecture Land Planning Project Management February 14, 2005 Town of Vail Community Development 75 South Frontage Road Vail, CO 81657 Re: Petition for an Amendment to the Municipal Code Deaz Elizabeth Eckel: The following is a Petition for an Amendment to the Town of Vail Municipal Code. Specifically the request is to modify Section 12-21-14: Restrictions in Specific Zones on Excessive Slopes, Section E, Site coverage, is restricted to " 1. Not more than fifteen percent (15%) of the site azea maybe covered by building...." "Where the average slope of the site beneath the existing or proposed structure and pazking azea is in access of thirty percent (30%)." It is requested that the fifteen percent (15%) site coverage be amended to twenty percent (20%). The reason. for the request is to allow for greater flexibility in the design and construction of residences on steep hill sides. With a fifteen percent (15%) site coverage regulation there is little room for design and construction of units once the garages have been included in the site coverage. The regulation forces people to build very close to the street and then build vertically either up or down to accommodate their dwelling unit in the fifteen percent (15%) site coverage. This forces designs to be very vertical on exposed steep sites. Amore horizontal design with a twenty percent (20%) site coverage would be less intrusive visually and more harmonious with the hill side. Sites of greater than 30% should step with the hillside which avoids excessive cuts and fills and also the cantilevered or post and beam decks. With the change and GRFA Regulations, the twenty percent (20%) would also allow homeowners to build additional, square footage adjacent to their residences without goir.-g vertical which causes more of a visual impact. It is sort of the "Sticking up like a sore thumb" theory with the 15%. Attached are photos along Vail Ridge Subdivision showing the problem. Also attached is the application acid a filing fee of $1300.00 If there aze any questions concerning this application, please contact this office. Sincerely your , Stephe som Cc: Helmet Reiss K423TownofVai1021005 P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 Attachment: B Analysis of the Potential Correlations between Site Coverage and Site Disturbance April 25, 2005 Address Lot Size Maximum Allowable Actual Site Disturbed Site Coverage Coverage Area Difference 1290 Westhaven Circle 30,872 15% 12.40% 37.5% 25.1% 815 Potato Patch 26,223 15% 13% 66% 53% 1724 Geneva Drive 18,185 15% 8.7% 34.9% 26.2% 796 West Forest Road 46,642 15% 8.6% 25.5% 16.9% 1397 Vail Valley Drive 25,739 15% 14.6% 91.5% 76.9% 1479 Aspen Grove Lane 20,647 15% 11.9% 62.2% 50.3% 2735 Snowberry 52,982 15% 6.7% 26.5% 19.8% 1310 Greenhill Court 23,731 15% 10.5% 38% 27.5% 1390 Greenhill Court 33,611 15% 12.4% 37% 24.6% 166 Forest Road 21,386 15% 10.6% 41.2% 30.6% 1701 E Buffehr Creek Road 28,357 20% 10.8% 39.9% 29.1 3828 Bridge Road 12,980 20% 14.9% 60% 45.1 4916 Juniper Lane 22,568 20% 18.8% 68.1 % 49.3% 245 East Forest Road 20,820 20% 19.6% 76.2% 56.6% 34 Beaver Dam Road 20,909 20% 14.9% 59% 44.1 197 Rockledge Road 26,190 20% 18.7% 67% 48.3% 100 Vail Road 23,086 20% 17% 56% 3g% 778 Potato Patch 20,821 20% 19.7% 78.5% 58.8% 758 Potato Patch 17,798 .20% 17.3% 58.3% 41 395 Mill Creek Circle 18,917 20% 19.4% 90.7% 71.3% 1187 Vail Valley Drive 12,824 20% 1.3% ' 84.6% 71.6% AVERAGES 25,014 NIA 13.9% 57.0% 43.1% The table shown above gives examples of actual lots in one of the four subject zone districts (SFR, HR, R, and PS), the allowable and actual site coverage as percentages of the lot size, the disturbed area as a percentage of the lot size, and the difference between the actual site coverage percentage and the disturbed area percentage. The disturbed area percentages were derived from digitizing the "limit of disturbance" fencing depicted on each approved site plan and expressing the square footage of that. area as a percentage of the total square footage of the lot size. As evidenced in the data, the average disturbed area for lots with and without average slopes underneath the building footprint in excess of thirty percent (30%) is fifty-seven percent (57%) of the lot size on an averaged size lot of 25,014 square feet. Given the fact there is not a significant difference between site disturbance percentages among lots restricted to fifteen percent (15%) site coverage and those restricted to twenty percent (20%) site coverage, it is apparent the subject regulation does not achieve its goal of limiting site disturbance through further restricting site coverage down to fifteen percent (15%) on what are defined as steep slopes. Therefore, as a result of this analysis, staff has proposed to introduce new language to the Hazard Regulations which will limit the amount a site with slopes in excess of thirty percent (30%) may be disturbed to an area not to exceed sixty percent (60%) of the lot size. The average site disturbance, as depicted in the table above, is fifty-seven percent (57%) in this study, and staff has rounded that number up to sixty percent (60%) for the sake of clarity. Attachment C ~ ~ ORDINANCE NO. 15 Series of 2005 AN ORDINANCE AMENDING SECTION 12-21-14, RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENTS, VAIL TOWN CODE, TO ALLOW FOR AN AMENDMENT TO INCREASE THE AMOUNT OF ALLOWABLE SITE COVERAGE ON LOTS WITH EXCESSIVE SLOPES, FROM A MAXMIMUM OF 15% TO A MAXIMUM OF 20%, AND SE',TTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on March 14, 2005, and again on April 25, 2005, following which the PEC forwarded a recommendation of approval without modifications to the Vail Town Council based on the criteria and findings presented in the staff memorandum; and WHEREAS, staff is recommending additional text amendments, found in Section 1 of this ordinance, as a result of the analysis perforrr~ed for the original text amendment request submitted by the applicant; and WHEREAS, the third Guideline under 12-11-1, Vail Town Code, states the fo-lowing intent: "prevent the unnecessary destruction or blighting of the natural landscape"; and WHEREAS, the Town Council finds that the-proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and Ordinance No. 15, Series 2005 welfare to adopt this amendment to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The proposed text amendments are as follows: (Deletions are shown in °+riLo }hrnl.^~~additions are shown bold) Section 12-21-14: RESTRICTIONS IN SPECIFICZONES UN EXCESSIVE SLOPES: a PI~#- ~ °6 ^, e~-e~#a-n fif ~°~ T t T cn m ~ ~ i F~ n ~ 1 ~e ~ ~i° ' ~ ~ . R , l, ; G 7 n/~` 'nrorl ~1li~~in~c~ ov~+L~} F}-6~ni~ O Gr9 C.TGO- ZI1T l'I"f .7, riRV rf - d 7 ° t~1~ . v-~ E7•lt~wit T~inn I E~7o~cp° „~ ' ~- h p ~(~p /~ ~ ~ }`~1~ n BtT n TeTh' r~ ' }' " ~ c ~T ~ `' Tt~ }h r~ ~ rye f nn~i~rG~ ~~ ~itC Q ~ a y T T ~v Q71 1 ~C. t7 tYYC. J~ L 7 9 P ' ~ , '1-GTL-flT fTrl ' ~ - J ~1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. The disturbed area shall not exceed sixty-five percent (65%) of the total site area. Section 12-2-2: DEFINITIONS OF WORDS AND TERMS: DISTURBED AREA: Any area where grading takes place. Section 2. If any part, section, subsection, sentence, clause or phrase ofthis ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions ofthis 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. Ordinance No. 15, Series 2005 2 l Section 3. The Town Council hE:reby finds, determines and declares that this :ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor anyother action or proceeding as commenced under or byvirtue of the provision amended.. The amendment of any .. . provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereo# inconsistent herewith are repealed to the e~dent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON f=1RST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7tn day of June, 2005 and a public hearing for second reading of this Ordinance set for the 21St day of June, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 15, Series 2005 3 ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this21st day of June, 2005. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor Ordinance No. 15, Series 2005 4