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
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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:
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~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