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HomeMy WebLinkAbout2006-06-06 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 1:20 P.M., TUESDAY, JUNE 6, 2006 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. George Ruther ITEM/TOPIC: PEC/DRB Update. (20 min.) 2. Kathleen Halloran ITEMROPIC: Discussion of Council Out of Cycle Contribution Requests for 2006. (30 min.) y ACTION REQUESTED OF COUNCIL: Discussion of 2006 "out of cycle" contribution requests that have been submitted to staff on May 24, 2006, for 2006 funding. Final decision to be given during the evening.session. BACKGROUND RATIONALE: See attached STAFF RECOMMENDATION: See attached Out-of-Cvcle Fundina: The purpose of the mid-year review is to provide an opportunity for organizations that have newly identified projects or unforeseen changes to their budgets to come forward afl at the same time. The Town Council evaluates 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. A. Vail Valley Music Festival BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting $50,000 to help fund travel, administration, marketing, advertising and promotional expenses that will occur in 2006 for the 2007 Philadelphia Orchestra -Vail Residency program. The program was not finalized until after the deadline for the original 2006 contribution requests. STAFF RECOMMENDATION: Historically, the Town of Vail has contributed funding toward the Tier One New York Philharmonic / Vail program. Because this program was not finalized until after 2006 contribution requests, it falls within the criteria for "a newly identified project or unforeseen changes." Staff recommends funding this request based on the caliber of this group and the fact that the Philadelphia Orchestra, although not perceived to be quite at the level of the New York Philharmonic, also resides in this Tier One category. The cultural benefit to the Town of Vail and the tourist attraction of this event are also factors in staff's recommendation for funding. B. Vail Chamber & Business Association (VCBA) BACKGROUND INFORMATION: The VCBA is requesting $12,560 to fund attendance at the 2006 Colorado Snowsports Expo in Denver. This event was part of the original request to Council for 2006 contributions but was turned down at that time. STAFF RECOMMENDATION: Staff does not recommend funding this event for the following reasons: 1) it was already turned down by Council, 2) it does not meet the out -of-cycle funding request criteria of "newly identified projects or unforeseen changes to budgets" as a reason for the request, arid 3) Vail is already represented at this event with attendance by Vail Resorts in partnership with Vail businesses and lodges. C. Vail Valley Athlete, Commission BACKGROUND INFORMATION: The Athlete Commission is requesting $5,250 to increase the Town's overall contribution up to $10,000 (current contribution is $4,750 annually). The Commission would like to expand the 2006 program to include an additional ten qualified athletes for this winter season that were not anticipated at the time of 2006 contribution requests. STAFF RECOMMENDATION: Staff recommends additional funding for this program in support of our athletes and for the international. exposure for the Town of Vail. Staff supports the planned expansion and would like to continue our positive partnership with the Vail Valley Foundation, Vail Resorts and the Beaver Creek Resort Company in this program. D. Betty Ford Alpine Gardens BACKGROUND INFORMATION: The Alpine Gardens is requesting $10,000 in seed money to begin a renovation / replanting of the Meditation Garden. This is a capital project in addition to the normal operating budget. The Garden hosts thousands of visitors per year and has achieved World-premier status as a high altitude garden. STAFF RECOMMENDATION: Staff does not recommend funding this project because it is more appropriate for inclusion in the 2007 Contribution requests. It does not fit the criteria of "newly identified projects or unforeseen changes to budgets". 3. Leslie Fordham ITEMlTOPIC: Art in Public Places Temporary Art Program. (15 min.) ACTION REQUESTED OF COUNCIL: Review the proposed program and revised fees. If in agreement, instruct AIPP to come back to the town council at an evening session with a resolution to adopt the program. BACKGROUND RATIONALE: In 1997, Art in Public Places initiated a "Temporary Art Program", allowing artists and galleries to place approved artwork on town property for a renewable six- month term. AIPP receives a commission of 2% when the sculpture is sold. The current program faces a number of problems. Generates very little income. • Galleries place artwork on town property without permission creating liability and safety issues. • Applications are accepted throughout the year. • Program is not aggressively marketed. The town council instructed AIPP to charge market rates for leased town space and appointed Greg Moffet to serve on a committee to determine appropriate fees. The committee suggests charging $5000 per year, per site, for all sites. Existing lease holders will be given the first right of first refusal. AIPP will accept offers for less desirable or in demand locations. AIPP BOARD RECOMMENDATION In an effort to gain more control over artwork on town property, generate additional income and address town liability, the board intends to revise the program, as follows: • AIPP has identified and approved twelve sites or applicant can suggest a site. • Charge market rates for what is essentially advertising on town property, if authorized by town council. • Vail artists and galleries will be offered the sites first. • One year lease. • Annual application deadline of 1 August. • Annual installation deadline of 1 September. • .The town will include a standard format sign; all other expenses will be the responsibility of the applicant. • Signs will display "AIPP". • AIPP will have the option of waiving the fee for select artist or gallery. • Code Enforcement is notified of trespassers and takes appropriate action. 4. Kim .Sutter ITEMlTOPIC: Cascade Village Metropolitan District/Town of Vail Don MacLachlan cost sharing and release of funding. (25 min.) Tom Kassmel ACTION REQUESTED OF COUNCIL: 1. Review the attached draft Intergovernmental Agreement. Staff looks to request approval of the final version at the June 20 Council Meeting. 2. Confirm the use of funds as requested by the Cascade Village Metropolitan District. 3. Reconsider the source of funding for the Westhaven Drive Pedestrian Bridge from the Capital budget to the RETT budget. BACKGROUND RATIONALE: In June of 2005, as part of a cooperative effort between the Town of Vail and the Cascade Village Metropolitan District (CVMD), the Town Council agreed to assist with funding for two bridge projects in Cascade Village. Representatives of CVMD will present an update on the progress of the multiple facets of these projects. Detailed information is provided in the attached "Memorandum" and "Executive Summary of Attached Memorandum." In addition, a draft Intergovernmental Agreement between CVMD and the Town is attached for review. The funds that are requested by CVMD are as follows: Approved funding: Pedestrian/Skier Return Bridge $ 106,305 (2006 RETT Budget) Westhaven_Drive Pedestrian Bridae $ 94 620 (2006 Caoital Bud et Total $ 200,925 CVMD Contribution to paths l$ 60 0001 Total TOV Bridge Funding $ 140 925 This funding agreement included reconstruction of the Pedestrian/Skier Return Bridge, addition of the Westhaven Drive Pedestrian Bridge, acquisition of Easement and Maintenance Agreements through Cascade Village properties, and a contribution towards the reconstruction and repair of the Gore Valley Trail through Cascade Village. Requested Funding: Pedestrian/Skier Return Bridge $ 60,000 (2006 RETT Budget) Westhaven Drive Pedestrian Bridoe $ 94 620 (2006 Capital Budget) Total $154,620 CVMD Contribution to paths ($ 60 000) Total TOV Bridge Funding $ 94,620 This funding request includes the items listed under "Approved funding" above, with the exception of the reconstruction of the Pedestrian/Skier Return Bridge. The $ 46,305 remaining in the Pedestrian/Skier Bridge funding would no longer be required at this time and could be returned to the general RETT Fund balance. STAFF RECOMMENDATION: 1. Staff supports the release of funding for the Westhaven Drive Pedestrian Bridge in the amount of $94,620. This amount was previously approved by the Town Council and is included in the 2006 Capital Budget. Staff suggests this funding could be a RETT expenditure as it is a purely pedestrian walk similar to other pedestrian bridges constructed throughout Vail using RETT funds. 2. Staff supports the use of $60,000 towards the Gore Valley Trail„ Improvements, currently under construction, from the $106,305 previously approved towards the Pedestrian/Skier Return Bridge. 5. Ron Braden ITEM/TOPIC: The wireless committee will present their recommendation (CenturyTel) to council for review and consideration of the wireless RFP. Immediately following, a team from CenturyTel will also be making a presentation of their proposal. (30 min.) 6. Matt Mire ITEM/TOPIC: A RESOLUTION APPROVING THE FRONT DOOR DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE `TOWN") AND THE VAIL CORPORATION, D/B/A. VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN RELATION TO THE FRONT DOOR DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES AND AFFILIATES. (30 min.) ACTION REQUESTED OF COUNCIL: Consider Resolution No. 10, Series 2006, for approval. . BACKGROUND RATIONALE: the Town has previously. approved a development plari and design criteria proposed by Vail Associates for the intended development of the "Front Door" mixed-use real estate development project (the "Project"), the site . of which is located in the Town of Vail to the south of the Lodge at Vail and the southerly end of Bridge Street and which borders and/or subsumes the Vista Bahn ski yard on the site's east side (the "Front Door Site"); The Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Associates, on its own behalf and on behalf of its applicable affiliates as the owners of the Front Door Site, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project, and the respective rights and responsibilities of the Town and Vail Associates in connection with those matters. The Town Council's approval and authorization of the Agreement, and making of the Agreement, will serve to satisfy certain conditions established by the Planning and Environmental Commission as part of its approval of the development plan for the Project; and STAFF RECOMMENDATION: Approve Resolution No. 10, Series 2006. ~• ITEM/TOPIC: Information Update. (15 min.) • Revenue Update. • Lodging Occupancy Forecast. • Wind Energy Update. • Community Picnics. $• ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 9• ITEM/TOPIC: Adjournment. (4:05 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 TBD, TUESDAY, JUNE 20, 2006 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING _, May 22, 2006 ~ou~aoFV~ PROJECT ORIENTATION-Town Council Chambers -PUBLIC WELCOME 2:00 pm LUNCH WILL NOT BE SERVED MEMBERS PRESENT Chas Bernhardt Doug Cahill Dick Cleveland Rollie Kjesbo Bill Pierce Public Hearing -Town Council Chambers MEMBERS ABSENT Bill Jewitt Anne Gunion 2:00 pm A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, and Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to allow for amendments to Articles 12-7H, Lionshead Mixed Use 1 District, and 12-71, Lionshead Mixed Use 2 District, Vail Town Code, and the Lionshead Redevelopment Master Plan, to require no net loss of parking, no net loss of employee housing units and no net loss of accommodation units in Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts, and setting forth details in regard thereto. (PEC06-0028) Applicant: Town of Vail .Planner: George Ruther ACTION: Tabled to June 12, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 5-0-0 George Ruther presented an overview of the request and the staff memorandum. Bill Pierce noted a conflict of interest if this item is discussed solely in regard to the Lionshead Inn and the old VailGlo Lodge and not as a general policy. George Ruther clarified that this item was a general policy discussion applicable to all of Lionshead. Doug Cahill asked George to clarify the recent Town Council direction. George Ruther noted that the Town Council direction was to create a "no.net loss of accommodation units" policy for Lionshead and this policy discussion is broader than the initial thought on simply requiring no-net-loss of hotel rooms. This policy discussion focuses on maintaining and increasing all forms of live beds in Lionshead, as articulated in the master plan. Chas Bernhardt asked George Ruther to clarify how some of the proposed amendments would apply to specific situations. Dick Cleveland asked George Ruther to clarify the correlation between an accommodation unit and the number of beds. Dick noted that the number of beds is the true concern, and not necessarily the number of units. Page 1 Bill Pierce and Chas Bernhardt noted that the market will determine the appropriate number of beds in each unit. George Ruther noted that no-net-loss has not been clarified to mean the Lionshead area or in an individual building. It is believed to apply to individual buildings, however. Bill Pierce noted the need for permanent residents in the Lionshead area, and is concerned about the unintended. consequence of discouraging such residence. Dick Cleveland and Rollie Kjesbo noted their concerns about considering voluntary rental dwelling units as live beds if the goal is to preserve true hotel rooms (ie, accommodation units). George Ruther noted that the LMU-1 zoning does not require a mixed use development. A single use building such as the Ritz Carlton is currently permitted. He also noted that "lodge dwelling units" allowed by zoning have not yet been constructed. Doug Cahill noted that the use of any of the allowed units depends upon the management of the property and the market. There is an importance to the presence of hotel amenities in all projects. Jim Lamont asked George Ruther to clarify the Council's policy direction and some specific elements of the request. •George Ruther and Russ Forest clarified the direction. Jim Lamont noted that the LMU-1 zoning is too wide open and does not capture any one specific goal of the master plan. He believes the Council and the PEC need to look more closely at the broader issues and we.are going down the path of the Village from the 1970's with a dead downtown environment. Dominic Mauriello, representing Lionshead Inn (Bill Pierce left the room during this discussion) noted that the master plan purposely never included a no-net-loss of hotel rooms policy. The only no-net- loss policy only applied to parking with a possible redevelopment of the Lionshead Parking structure and employee housing units at the Sunbird Building. He also noted that the majority of the hot beds in Lionshead are not hotel rooms. These non-hotel beds have a higher occupancy rate than the hotel beds. He also noted that hotel rooms and fractional fee units receive significant incentives in the LMU zoning. He also noted a concern about equity in that only three properties will be required to maintain hotels in. all of Lionshead. He noted that only the core site is recommended as a mixed use hotel building in the master plan. It is unfair to allow the Ritz to build all condominiums and only allow hotels in other buildings within the same zone district. He noted that the Evergreen voluntarily agreed to a no-net-loss hotel room policy when they requested a rezoning to LMU, which is very different than other properties that have been zoned LMU for several years and are only now restricted to maintaining hotel rooms. Dick Cleveland noted his concern about specifically naming projects in the proposed amendments instead of a general policy change. Dick recommended changing the proposed text to reflect a no- net-loss of .live beds policy. He interpreted the Council's direction as maintaining only one of the live bed products (i.e. accommodation units). He is not an advocate of transfer of development rights. Rollie Kjesbo agreed with Dick in obtaining clearer Council direction of only maintaining hotel rooms or is this discussion about maintaining live beds. He believes the different types of live beds work well in Lionshead. Bill Pierce recommended a policy of allowing permanent resident in the core areas. He is in favor of maintaining live beds, not accommodation units. He believes the policy needs to apply to the entire district and the "opportunity" should not be borne by only one or two buildings. Page 2 Chas Bernhardt noted the need for permanent residents and the' need for chain based hotel products to meet market demands. He acknowledged that many rental condominiums work well, but requiring hotels may be necessary. Doug Cahill suggested working further to define live beds, instead of only focusing on accommodation units. He also recommended further analysis of which products currently are working best. He recommended exploring a policy of requiring live beds in the new development projects. He noted his concerns about voluntary rental programs. George Ruher noted the Staff's concern that this policy is not as simple as only requiring a no-net- loss of hotel rooms and the disconnection between the existing master plan policies and the existing zoning regulations. He stated that if the goal was to address Policy 2.3.3 of the master plan, than more. should be done than simply attempt to preserve accommodation units. Dominic Mauriello noted that the PEC should give. direction to the Council on zoning issues. and to not simply parrot back what the Council wants. Dick Cleveland repeated his desire for further direction from the Council. Bill Pierce does not want to just patch a small hole without examining this issues in their entirety. 2. A request for a variance from Section 12-6D-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1100 Hornsilver Circle/Lot 7, Block 1, Vail Village Filing 8, and setting forth details in regard thereto. (PEC06- 0033) . Applicant: Phillip and Jennifer Maritz, represented by Fritzlen Pierce Architects Planner: Matt Gennett ACTION: Tabled to June 12, 2006 MOTION: Cleveland SECOND: Kjesbo VOTE: 5-0-0 3. A request for a final review of a variance, from Section 12-6B-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances; to allow for a garage addition within the front setback, located at 1462 Aspen Grove Lane/Lot 11, Block 2, Lion's Ridge Subdivision Filing 4, and setting forth details in regard thereto. (PEC06-0034) Applicant: Matthew and Doris Gobec, represented by John M. Perkins, AIA Planner: Matt Gennett ACTION: Tabled to June 12, 2006 MOTION: Cleveland SECOND: Kjesbo VOTE: 5-0-0 4. A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Code, .pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett ACTION: Tabled to June 12, 2006 MOTION: Cleveland SECOND: Kjesbo VOTE: 5-0-0 5. A request fob a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, Page 3 generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Tabled to June 26, 2006 MOTION: Kjesbo SECOND: Cleveland VOTE: 5-0-0 6. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion's Square. Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson ACTION: Tabled to June 26, 2006 MOTION: Cleveland SECOND: Bernhardt VOTE: 4-0-0 (Kjesbo absent) Bill Gibson noted that the applicant has recently met with representative from the Montaneros and the applicant is working on revisions to the proposed redevelopment of the Lion Square Lodge North Building. The applicant wanted to show the PEC their recently created 3D model grid update the PEC on what revisions will be presented at the PEC's next hearing. David Viele and Chip Melick presented the 3D model and described draft revisions being designed in response to the concerns of the Montaneros. owners. The Commission viewed the 3D model and informed the applicant that additional views of the model and/or other drawings will be needed for final review of the project. Alex Prieser noted his objection to the presentation because of confusion about whether or not the item was tabled to the June 26, 2006, hearing. 7. Approval of May 8, 2006 minutes MOTION: Cleveland SECOND: Pierce and Bernhardt abstained) 8. Information Update 9. Adjournment MOTION: Cleveland SECOND: Bernhardt VOTE: 3-0-1 (Kjesbo absent VOTE: 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department: Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department /Published May 19, 2006, in the Vail Dailjr. Page 4 DESIGN REVIEW BOARD AGENDA '~"~ ` May 17, 2006 ~~~~~ . ~ 3:00 P.M. PROJECT ORIENTATION (LUNCH -Town Council Chambers MEMBERS PRESENT Mike Dantas Sherry Dorward Pete Dunning Lynne Fritzlen Margaret Rogers PUBLIC MEETING /PUBLIC WELCOME MEMBERS ABSENT SITE VISITS 1: Gish Residence - 1440 Moraine Drive 2. Hubbard Residences - 2187 and 2197 St. Moritz Way 3. Weist Residence - 128 West Meadow Drive 4. Deer Ridge LLC - 5107 Main Gore Drive Driver: George 12:OOpm 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 1. Information Update - EcoShake Simulated Shake DRB06-0154 2. Gish Residence DRB06-0117 / 10 minutes Conceptual review of new construction (single family residence) 1440 Moraine Drive/Lot 2, Dauphinais-Moseley Subdivision Filing 1 Applicant: Mike and Amy Gish, represented by Steve Riden, AIA Conceptual review; no vote 3. Henkes Residence DRB06-0118 / 5 minutes Final review of new construction (single family residence) 2824 Snowberry Drive/Lot 17, Block 9, Intermountain Subdivision Applicant: Andrew Henkes, represented by Steve Riden, AIA ACTION: Approved MOTION: Dunning SECOND: Fritrlen VOTE: 5-0-0 4. Biszantz Residence DR606-0082 / 10 minutes Final review of a residential addition (mud room, guest room) 670 Forest Road/Lot 7, Block 1, Vail Village Filing 6 Applicant: Frances Biszantz, represented by Robert Arnold Architect, PC ACTION: Approved with conditions MOTION: Fritzlen SECOND: Dunning VOTE: 5-0-0 CONDITION(S): 3:OOpm Elisabeth Elisabeth Bill Elisabeth Page 1 1. The applicant shall comply with the steps outlined in the arborist's report dated May 10, 2006; shall provide a fence for the protection zone of the tree, and shall submit reports from a certified arborist verifying that appropriate steps are being followed to protect the tree at three different times: a) Prior to excavation; b) During the excavation/foundation preparation; and, c) After the finished grade has been completed (prior to Temporary Certificate of Occupancy). 5. Wiest Residence DR606-0116 / 15 minutes Elisabeth. Final review of new construction (residential addition) 128 West Meadow Drive/Lot 2, Vail Village Filing 2 Applicant: Otto Wiest, represented by Saundra Spaeh, AIA ACTION: Approved with conditions MOTION: Dantas SECOND: Dunning VOTE: 5-0-0 CONDITION(S): 1. Prior to September 1, 2006, the applicant shall grant a fifteen foot (15') wide drainage easement to the Town of Vail Public Works Department at a mutually agreeable location upon the site. A new plat reflecting the easement shall be recorded with Eagle County prior to the granting of a Temporary Certificate of Occupancy by the Town of Vail. 2. The applicant shall ensure that no greater than seventeen (17) light fixtures are present on the site at the time of Temporary Certificate of Occupancy in accordance with Section 14-10, Vail Town Code. 6. Purchase Residence DRB05-0445 / 5 minutes Elisabeth Final review of new construction (primary/secondary residence) 4418 Columbine Drive/Lot 3, Bighorn 3~d Addition Applicant: John Purchase, represented by Steve Riden ACTION: Approved MOTION: Dunning SECOND: Rogers VOTE: 3-1-1 (Dorward recused) CONDITION(S): 1. Prior to approval of the building permit, the applicant shall submit a site plan that has been stamped by a civil engineer to the Community Development Department. 7. Hubbard Residence DRB06-0100 / 15 minutes Final review of new construction (single family residence) 2187 St. Moritz Way/Lot 8, Vail Heights Filing 1 Applicant: Trent Hubbard, represented by John G. Martin, Architect, LLC ACTION: Tabled to June 7, 2006 MOTION: Dorward SECOND: Fritzlen VOTE: 5-0-0 8. Hubbard Residence DRB06-0101 / 15 minutes Final review of new construction (single family residence) 2197 St. Moritz Way/Lot 7, Vail Heights Filing 1 Applicant: Trent Hubbard, represented by John G. Martin, Architect, LLC ACTION: Tabled to June 7, 2006 MOTION: Dorward SECOND: Fritzlen VOTE: 5-0-0 Bill Bill Page.2 . 9. Ritz Carlton Residences DRB06-0081 / 15 minutes Warren 'Final review of change to approved plans (exterior changes) 728 West Lionshead Circle/Lot 2, West Day Lot Subdivision Applicant: Vail Associates, represented by Jay Peterson ACTION: Approved MOTION: Dunning SECOND: Dorward VOTE: 5-0-0 10. Deer Ridge LLC DRB06-0150 / 10 minutes Warren Conceptual review of new construction (single family residence) 5107 Main Gore Drive/Lot 4, Block 1, Bighorn 5th Addition Applicant: Deer Ridge LLC, represented by Ken Sortland Conceptual review; no vote 11. Hess Residence DRB06-0152 / 5 minutes Warren Final review of change to approved plans (landscaping) 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7 Applicant: Ronnie and Donald Hess, represented by Nedbo Construction ACTION: Tabled to June 7, 2006 MOTION: Dorward SECOND: Dantas VOTE: 5-0-0 Staff Approvals Lion's Square Lodge DRB06-0073 Bill Final review of a minor alteration (fence) 660 West Lionshead Place/Lot 4, Block 1, Vail Lionshead Filing 1 Addition 1 Applicant: Lion's Square Lodge, represented by Bill Anderson Vail Clinic DR606-0106 Final review of a minor alteration (flue for new boilers) 181 West Meadow Drive/Lots E and F, Vail Village Filing 2 Applicant: Vail Valley Medical Center Matt Gore Creek Place DRB06-0107 Warren Final review of change to approved plans (emergency path) 825 West Forest Road/Lot 3, West Day Subdivision Applicant: Gore Creek Place LLC, represented by Todd Goulding Inglis Residence DR606-0113 Warren Final review of a residential addition (family room, bathroom, windows) 1881 Lion's Ridge Loop/Lot 20, Lion's Ridge Filing 3 Applicant: Jay and Judith Inglis, represented by Sortland Contractors, Inc. Shannon Residence DRB06-0114 Bill Final review of change to approved plans (driveway site wall) 245 Forest Road//Lot 22, Block 7, Vail Village Filing 1 Applicant: Mike and Mary Sue Shannon, represented by K.H. Webb Architects Gart Properties DR606-0115 Matt Final review of a sign 2161 North Frontage Road/Lot 2, Vas das Schone Filing 3 Applicant: Gart Properties, represented by Sign Safari Page 3 Ruth Residence DR606-0119 Final review of a residential addition (office and bedroom) 800 Potato Patch Drive/Lot 7, Block 1, Potato Patch Subdivision Applicant: Chip and Lisa Ruth, represented by K.H. Webb Architects McKeever Residence DRB06'-0128 Final review of a minor alteration (landscaping) 4030 Bighorn Road/Lot 1A, Bighorn Subdivision Applicant: Mike McKeever, represented by Shad Blakey Parliament Residence DRB06-0131 Final review of change to approved plans (exterior deck~stairs) 3241 Katsos Ranch Road/Lot 6, Block 1, Vail Village Filing 12 Applicant: Marv and Francine Parliament Pickens Residence DRB06-0132 Final review of a minor alteration (landscaping) 197 Rockledge Road/Lot 10, Vail Village Filing 1 Applicant: R.H. and Jan Pickings, represented by Nedbo Construction Del Valle Residence DRB06-0133 Final review of change to approved plans (deck expansion) 1944 Sunburst Drive, Unit A/Lot 21, Vail Valley Filing 3 Applicant: Antonio Del Valle, represented by Snowdon Hopkins Architects Town of Vail DRB06-0134 Final review of change to approved plans (electrical panel enclosure) East Meadow Drive at the Talisman/Lot 5D, Vail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer Clark Residence DRB06-0135 Final review of a minor alteration (deck addition) 2735 Snowberry Drive/Lot 12, Block 9, Vail Intermountain Subdivision Applicant: Bob and Sue Clark, represented by Dantas Builders, Inc. Cohen Residence DRB06-0136 Final review of a minor alteration (landscaping, .garden wall) 1467 Greenhill Court, Unit B/Lot 10, Glen Lyon Subdivision Applicant: Richard Cohen, represented. by Landscape Technology Group Town of Vail DRB06-0137 Final review of a minor alteration (landscaping) Lancelot Restaurant at the stream tractNail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer Warren Warren Matt Elisabeth Warren George Elisabeth Elisabeth Bill Lodge Apartment Condominiums DR606-0138 Joe Final review of a minor alteration (re-roof) 174 East Gore Creek Drive/Lot A, Block 5C, Vail Village Filing 1 Applicant: Lodge Apartment Condominium Association, represented by Douglass Roofing Page 4 Stevenson Residence DRB06-0139 ~ Elisabeth Final review of change to approved plans (exterior finish changes) 1518 Spring Hill Lane/Lot 15, Block 3, Vail Valley Subdivision Applicant: Ray and Ellyn Stevenson, represented by Scott Turnipseed AIA Eisenhard Residence DR606-0141 Joe Final review of a minor alteration (kitchen) 1100 North Frontage Road, Unit 1209/Simba Run Applicant: John and Marilyn Eisenhard, represented by Rob Hall's Kitchen Plus Gorsuch Residence DRB06-0143 Joe Final review of a minor alteration (re-roof) 2705 Bald Mountain Road/Lot 7, Block 2, Vail Village Filing 13 Applicant: David and Amie Gorsuch, represented by Warner Construction LLC Cahalin Residence DRB06-0144 Warren Final review of a residential addition (combine two houses into one) 1816 Sunburst Drive, Units A and B/Lot 1, Vail Valley Filing 3 Applicant: John and Helen Jo Cahalin, represented by RKD Architects Town of Vail DR606-0146 Warren Final review of a minor alteration (snowmelt boiler installation at streetscape) 241 East Meadow Drive/Tract B, C/Block 5D, Vail Village Filing 1 Applicant: Town of Vail, represented by Greg Hall Delponte Residence DR606-0147 Joe Final review of a minor alteration (re-roof) 3070 Booth Creek Drive/Lot. 7, Block 3, Vail Village Filing 11 Applicant: Reg Delponte, represented by Horizon Roofing Crossroads Market DRB06-0149 Warren Final review of a sign 143 East Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Applicant: Crossroads One West, LLC Keith Residence DR606-0151. Joe Final review of a minor alteration (landscaping) 25Q South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 1 Applicant: Bruce Keith, represented by HP Geotech Taggart Residence DR606-0159 Matt Final review of a residential addition (living room, bedroom) 4110 Spruce Way/Lot 2, Block 8, Bighorn 3~d Applicant: Michael and Elizabeth Taggart, represented by Nedbo Construction Staff Denied Leprino Residence DR606-0051 Bill Final review of a residential addition (master bedroom, master bathroom) 2820 Aspen Court/Lot 14, a resubdivision of Tract E, Vail Village Filing 11 Applicant: Nancy Leprino, represented by Chas Bernhardt Page 5 The applications.and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 6 APPLICATION FOR TOWN OF VAIL FUNDING PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: Bravo Colorado at Vail-Beaver Creek 2. Contact person: John W. Giovando, Executive Director 3. Mailing address: Post Office Box 2270, Vail, CO 81658 4. Telephone:970-827-5700 5. Members and Titles of your governing board: Steve Pope, Chairman; Doug Tansill, Vice- Chair; Alan Kosloff, Treasurer; Lucy Davis, Secretary 6. Amount of contribution requested: $50,000 7. Why was this not part of the origina12006 request due July 29, 2005? The Bravo Festival had not reached an agreement with the Philadelphia Orchestra regarding becoming a resident orchestra of the Festival for 2007 until after the origina12006 request date. 8. Organization fiscal year-end: September 30 annually 9. Are your books audited? Yes 10. How will the contribution be used? Grant funds in the amount of $50,000 from the Town of Vail will be applied directly toward the 2007 Philadelphia Orchestra- Vail Residency costs incurred in 2006 for travel, administration, marketing, advertising, and promotion. 11. How does your request support item 1C of the contribution policy? See attached 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? The Bravo! Festival receives funding support from private and family foundations, state and local government, corporate and business enterprises, individuals, and membership fees from the local community Guild. Earned income is generated through ticket sales, program advertising, concession sales and bank interest revenue. 13. Organization's mission statement: To enhance the cultural life of the Vail Valley through the organization and presentation of classical and popular music programs at the highest international artistic level. To foster the performing arts -music, dance and theater - in the Vail Valley. To promote public education in the arts. To provide an additional cultural dimension to the summer season that encourages part time residents to spend more time in the Vail Valley and attract summer visitors in larger numbers for longer stays thereby contributing to the cultural and economic well being of the Vail Valley. (If more room is needed to answer questions, please use the back of this page.) 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: September 30, 2005) Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible. Current Assets: Cash and cash equivalents Unrestricted funds $977,562 Restricted funds 163,641 Operating restricted funds 750,000 Investments 956,492 Accounts Receivable 99,248 Prepaid expenses (donor restricted - 2004) 900 Total Current Assets 2,947,843 Fixed Assets: Leasehold Improvements 97,184 Less: Accumulated amortization (56,615) Furniture, fixtures, equipment 230,472 Less: Accumulated depreciation (144,438) Net Fixed Assets 126,558 Total Assets: 3,074,401 Liabilities: Current/Non-Current Liabilities Accounts payable $ 54,289 Salaries payable _0_ Payroll taxes payable _0_ Interest Payable _0_ Lease payable 16,582 Deferred obligation, (non-current) 407,895 Total Liabilities: 478,766 Total Assets: 3,074,401 Total Liabilities: 478,766 Net Worth (Total Assets Minus Total Liabilities) 2,595,635 *Please Note: Most recent completed fiscal year at time of application due date: September 30, 2005 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) Ticket Sales CorporateBusiness Contributions Private Foundations Family Foundations Friends of the Dallas Symphony Friends of the New York Philharmonic Individual Contributions Bravo! Primer Soiree Series National Endowment for the Arts/Colorado Council Goldstein Artistic Projects Town of Vail, New York Philharmonic Town of Vail, General Operating/Marketing/Artistic Town of Avon/Eagle County Bravo! Membership Guild Bravo! Benefit Fundraiser Program Advertising Gala Dinner/Auction Misc. Income Interest Income Endowment Support Festival Receptions Winter Vilar Soiree Reimbursements Project Income Facility Fees In-Kind Contributions Total Revenues: Expenses: Artist Fees/Expenses Special Artistic/Production Marketing/Fund Raising Administration Salaries/TaxesBenefits/Workman's Comp. In-Kind Expenses: Corporate/Individual Advertising Production Orchestra/Artistic Fees Housing Total Expenses: Current Fiscal Year - 2006 Budget - 2006 $ 1,008,000 250,000 100,000 400,000 100,000 730,000 610,000 15,000 75,000 22,800 25,000 95,000 21,375 31,250 7,500 0 140,000 150,000 2,075 16,000 15,000 5,000 15,000 24,000 20,000 0 2,600,000 $6,478,000 $1,978,520 179,500 473,700 223,130 1,023,150 422,770 330,030 287,140 930,060 630,000 $6,478,000 Total Revenues Minus Total Expenses: $ 0 11. How does your request support item 1C of the contribution policy? a) A positive, sustained economic climate The 2006 Season of Bravo! will serve an estimated 60,000 concert-goers through the production of 18 orchestral concerts, 2 free orchestral youth programs, and 1 free Patriotic Concert, at the Ford Amphitheater together with Music Matters programs including 16 chamber music concerts throughout the Vail Valley, 40 out-door concerts by the Festival's "Young Artist Ensemble-in-residence Program," The Hyperion Quartet and 25 student programs such as Strings in the Schools and the Public Library concert series "Live Q the Library" designed for children ages 3 to 7. During the 2005 season, the Festival brought to Vail over 400 performing artists including three professional orchestras: The New York Philharmonic, the Dallas Symphony Orchestra and the Rochester Philharmonic together with 8 conductors, 40 soloists, 1 student string ensemble and 35 orchestral support staff. Approximately 400 family members and guests accompanied the musicians. An estimated 40% of ticket buyers came from outside Eagle County, Colorado. The performing arts are approximately 50% of the draw to the Vail during the summer months which account for a substantial economic impact to the region thus helping to support a positive, sustained economic climate in the Valley. This impact can be measured by documented increases in room reservations and retail and sales tax increases of $350,000. The Festival brings national recognition to the Valley through the presentation of the New York Philharmonic and performances aired on National Public Radio, "Performance Today" series, reach an estimated six million people per program through 229 member stations. The Festival received major national coverage from the metropolitan areas of Denver, Los Angeles, San Francisco, Phoenix, Albuquerque, Chicago, St. Louis, Boston, New York, Philadelphia, Washington, Rochester, Atlanta, Dallas, Houston, and Miami. The Festival averaged 10,000 "visits" a month on its web site during the last 12 months. The 19~ Season of 2006 is now scheduled for June 28-August 3, for which additional funding is requested for costs incurred due to the 2007 residency of The Philadelphia Orchestra. Incremental costs include: • Musicians and Executive Travel/Housing for On-Site Visits (summer of 2006) • 4 people x 2 trips: $7,500 • Marketing/Corporate Sponsorships/Fundraising: $12,500 • Advertising -National, Regional and Local: $15,000 • Bravo/Philadelphia Orchestra Bravo Administration and Promotion: $15,000 The Festival will feature The Philadelphia Orchestra, in the first year of its three-year agreement in 2007, bringing a new level of excitement to Vail's summer attractions. Founded in 1900, The Philadelphia Orchestra has distinguished itself as one of the leading orchestras in the world through a century of acclaimed performances, historic international tours, best-selling recordings, and its unprecedented record of innovation in recording technologies and outreach. With only six music directors piloting The Philadelphia Orchestra through its first century, the ensemble has maintained an unparalleled cohesiveness and unity in artistic leadership. The Festival's 20~ Anniversary boasts the residency of two Tier One orchestras, an accomplishment unsurpassed by any other Festival in the United States. Thank you for your consideration of this very vital support to Bravo in the 2006 Season. b) An environmentally sensitivity high quality of life The Bravo! Festival helps to provide and sustain a high quality of life in the Vail by presenting a positive and superior cultural experience for resident and visitor alike in its professional production of over 100 concerts and events annually together with 115 open rehearsals. The concerts incorporate orchestra, chamber music, pop/folk, and student programs thus providing an abundance of cultural opportunities. The Bravo! Festival is committed to setting the highest international standard of excellence in the performing arts and to creating a strong sense of community and pride for the Vail community through the arts. Music enriches all of our lives. It is a universal language of mankind and is indeed environmentally sensitive. 241 S. Frontage Itd. E., Suite 2 Vail, Colorado 81657 Phone: 970.477.0075 FA7~: 970.477.0079 E-mail: info @ vailchamber.org Friday, May 12, 2006 Vail Town Council 75 S. Frontage Road Vail, CO 81657 RE: Mid-Cycle Funding Request Dear Town Council: Please find enclosed amid-cycle contribution request from the Vail Chamber & Businesss Association for the Colorado Snowsports Expo. additional information, please do not hesitate to contact us via phone or email. ~ a continued strong relationship with the Town of Vail. 1 NAME OF ORGANIZATION: 2 CONTACT PERSON: 3 MAILING ADDRESS: 4 TELEPHONE: 5 MEMBERS AND TITLES OF GOVERNING BOARD: MARKA BRENNER DALE BUGGY JOHN COGSWELL KAYE FERRY, EXECUTIVE DIRECTOR LOURDES FERZACCA, VICE-PRESIDENT TOM GORMAN STEVE ROSENTHAL RICH TENBRAAK, PRESIDENT RON WEINSTEIN, SECY/TREASURER VAIL COMMUNITY CHAMBER, INC. dba VAIL CHAMBER & BUSINESS ASSOCIATION KAYE FERRY, EXECUTIVE DIRECTOR 241 S. FRONTAGE ROAD EAST, SUITE 2 VAIL, CO 81657 (970)477-0075 BLUE SKY MORTGAGE VAIL RESORTS RENTALS THE SQUASH BLOSSOM K. FERRY, INC. LA TOUR VAIL VALLEY MEDICAL CENTER COLORADO FOOTWEAR MANOR VAIL BOXY 6 AMOUNT OF CONTRIBUTION REQUESTED: $12,560 7 WHY WAS THIS NOT PART OF THE ORIGINAL 2006 REQUEST DUE JULY 29. 2005 THIS WAS PART OF THE ORIGINAL REQUEST BUT THE COUNCIL CHOSE NOT TO FUND IT. AS A RESULT, THE VCBA BORE 100% OF THE EXPENSE IN 2005 AND 2004. SPONSORSHIP IS NECESSARY IF VAIL IS TO BE REPRESENTED IN 2006. THIS MID-CYCLE FUNDING REQUEST ALLOWS THE CHAMBER TO KNOW IF MONIES ARE AVAILABLE PRIOR TO SIGNING A CONTRACT. 8 ORGANIZATION FISCAL YEAR-END: DECEMBER 31 9 ARE YOUR BOOKS AUDITED? NO 10 HOW WILL THE CONTRIBUTION BE USED? COLORADO SNOWSPORTS EXPO 11 HOW DOES YOUR REQUEST SUPPORT ITEM 1-C OF THE CONTRIBUTION POLICY? THE COLORADO SNOWSPORTS EXPO PROVIDES A VENUE FOR THE TOWN OF VAIL AND ITS BUSINESSES TO BE SHOWCASED AT A REGIONAL WINTER SHOW IN DENVER THAT IS EXPECTED TO DRAW 30-35,000 GUESTS. LAST YEAR THE VCBA DISTRIBUTED 10,000 VAIL GUIDES, 3,000 PROMOTIONAL BAGS, "VAIL LOVES YOU" COUPON BOOKS, AND A WIDE VARIETY OF MATERIAL THAT WAS PROVIDED BY THE BUSINESS COMMUNITY. LAST YEAR THERE WERE BOOTHS FROM THE TOWN OF ASPEN, THE ASPEN CHAMBER RESORT ASSOCIATION, FRISCO, THE TOWN OF BRECKENRIDGE, COPPER, STEAMBOAT, WINTER PARK, JACKSON HOLE, AND WHISTLER-BLACKCOMB. ADDITIONALLY, VRI WAS THERE AS A RESOURCE FOR ALL OF ITS SKI PROPERTIES INCLUDING HEAVENLY VALLEY. WE THINK THIS IS A UNIQUE OPPORTUNITY TO PROMOTE VAIL IN A CASUAL SETTING THAT IS GEARED TOWARDS THE WINTER GUEST. 2004 WAS THE FIRST TIME THE TOWN OF VAIL AND ITS BUSINESSES WERE EVER REPRESENTED AT THIS SHOW AND WE FEEL IT IS IMPORTANT TO BE THERE AS ALL OF OUR LOCAL COMPETITION IS REPRESENTED AS WELL AS MANY SKI TOWNS FROM OUT OF STATE. 12 WHO CURRENTLY FUNDS YOUR ORGANIZATION (OTHER GOVERNMENTS. PRIVATE DONATIONS. MEMBER DUES $85,750 USER FEES. ETC.)? COMMISSIONS $17,000 13 ORGANIZATION'S MISSION STATEMENT: TO PROMOTE AND SUPPORT COMMERCE AND ENTERPRISE IN THE TOWN OF VAIL WHILE WORKING WITH THE TOV AND VRI TO BE THE PREMIER MOUNTAIN RESORT COMMUNITY. VAILCHAMBER & BUSINESS ASSOCIATION 2006 TOWN OF VAIL MID-CYLE FUNDING REQUEST COLORADO SNOWSPORTS EXPO EXPENSES BOOTH RENTAL EQUIPMENT RENTAL DISTRIBUTION OF PROMOTIONAL ITEMS STAFFING SUPPLIES TRAVEL & MEAL EXPENSE TOTAL EXPENSES $2,640 2,420 3,500 1,500 1,000 1.500 $12,560 2:1o PIN Vail Chamber & Business Association o5i,zro6 Balance Sheet Accrual Basis As of December 31, 2005 Dec 31, 05 ASSETS Current Assets Checking/Savings Checking-WestStar Bank 143,819.90 Total Checking/Savings 143,819.90 Accounts Receivable Accounts Receivable 2,567.18 Total Accounts Receivable 2,567.18 Other Current Assets Prepaid Expense 710.00 Total Other Current Assets 710.00 Total Current Assets 147,097.08 Fixed Assets Furniture, Fixtures, Equipment 27,925.46 Less Accumulated Depreciation -5,758.00 Total Fixed Assets 2216zaR TOTAL ASSETS 169,264.54 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 1,702.83 Total Accounts Payable 1,702.83 Total Current Liabilities 1.702.83 Total Liabilities 1,702.83 Equity Opening Bal Equity 61,482.38 Retained Earnings 106,646.57 Net Income -567.24 Total Equity 167,561.71 TOTAL LIABILITIES & EQUITY 169,264.54 Page 1 VAILCHAMBER & BUSINESS ASSOCIATION STATEMENT OF SOURCES AND USES BUDGET FYE DECEMBER 31, 2006 REVENUE EXPENSE Fixtures and Equipment Information Services Operating Expenses Town of Vail (Premier Impressions) Vail Resorts (Premier Impressions) Vail Resorts Contribution Vail Guide Advertising TIU! Program Management Fee Membership Dues Lodging/Reservations Membership Lodging Commissions Partnership Commissions Web Site Advertising Newsletter Advertising Interest Earned Miscellaneous Office Equipment Computer Hardware TOTAL REVENUE Advertising/Promotions Internet/Web Site Dues/Subscriptions Newsletter Discover Gift Program Color People Rent Telephone Postage Office Supplies Equipment Maintenance Copier & Fax -Leased Equipment Metered Copies Accounting, Legal & Audit Insurance Credit Card Fees Board of Directors Expense Travel & Entertainment Miscellaneous Personnel Salaries & Wages Other Compensation P/R Taxes Payroll Fees Worker's Compensation Ski/Parking Pass Member Services Membership Drive Premier Impressions TOTAL EXPENSES TOTAL REVENUE TOTAL BUDGETED EXPENSES TO EXCEED REVENUE $12,500 10,000 9,650 20,000 10,000 80,250 5,500 15,000 2,000 500 2,000 150 250 167 800 $100 2_00 2 700 $2,000 2,500 750 4,000 1,000 50 10 300 $3,000 9,300 1,200 2,500 500 5,165 5,200 1,000 650 750 1,700 1,000 500 32 465 $56,160 63, 960 4,885 1,750 550 1 300 128 605 $1,000 16,000 17 000 191 070 167 800 23 270 APPLICATION FOR TOWN OF VAIL FUNDING 2. 3. 4. 5 Name of organization: Contact person: Mailing address: Telephone: Members and Titles of your governing board: Vail Valley Athlete Commission Katrina Ammer P.O. Box 309, Vail, CO 81658 (970) 949-1999 Katrina Ammer Vail Valley Foundation Pam Brandmeyer Town of Vail Jim Roberts Vail Resorts Mike Kloser Beaver Creek Resort Company 6. Amount of contribution requested: $5,250 7. Why was this not part of the origina12006 request due July 29, 2005? While the number of athletes applying for funding continues to multiply, the amount of funding available has not increased for several years. We are appealing to our current partners to increase their annual contributions. Currently, the Town of Vail contributes $4,750 annually to the Athlete Commission. The Vail Valley Foundation and Beaver Creek Resort Company are taking the lead by each donating $10,000 annually to the Athlete Commission and we respectfully ask the Town of Vail to do the same. Organization fiscal year-end: December 31 Are your books audited? YES 10. How will the contribution be used? The Athlete Commission provides financial support to the young individual athletes of our valley so that they might go out into the international world of competition and chase their dreams. Each year we fund both fledgling international athletes as well as those who have reached the highest ranks. The recipients come from every sport and every part of our valley. The number of applicants has been steadily growing every year. However, the amount of available funds has not increased at the same rate. It is our intent to increase the amount of funding from each partner to meet the needs of deserving athletes. 11. How does your request support item 1C of the contribution policy? Funding from the Athlete Commission benefits the entire community of Vail by providing an opportunity for local athletes to represent this community in an international arena thereby gaining exposure and awareness of our premier mountain resort. The commission hopes to honor those athletes that in turn honor their community. Whenever possible, representation of a community logo is expected and greatly appreciated. As evidenced at the recent Olympic games, local athletes (Toby Dawson, Sarah ' Schleper, and Lindsey Kildow) generated tremendous international awareness of Vail. Each of these athletes received financial support for many years from the Athlete Commission. The future health of our community will be enhanced by providing opportunities for advancement of deserving athletes wishing to pursue their athletic dreams. 12. Who currently funds your organization (other governments, private donations, user fees,etc.)? Currently, the commission consists of four funding partners: Beaver Creek Resort Company, Town of Vail, Vail Resorts, Inc. and the Vail Valley Foundation. 13. Organization's mission statement: Local Pepi Gramshammer originally conceived the idea for the Athlete Commission as a method for the community to provide financial support for the Valley's deserving athletes. The program supports those athletes participating in international competitions. 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. Current Fiscal Year Budeet Revenues: (List by funding source) Beaver Creek Resort Company $10,000 Vail Valley Foundation $10,000 Vail Resorts, Inc. $ 5,000 Town of Vail $ 4,750 Total Revenue $29,750 Expenses: $ 18 athletes Q $1,650 each (avg) $29,700 Total Expenses $ 29,700 Total Revenue Minus Expense $ 50.00 f4ay-24-06 15:01 From-NAIL VALLEY FOUNDATION ~ + ' -aut2ro6 ., Accrua19as19 ~ala~c~ Sheen . /-s of Clecemoa{ 31. ~AQS rs ~ ; • D~1~ ASSETS - Curletlt Assets CnockmglSavings of Petty cash 1.soo 00 02 • VVF OparannA Acctlugt a47,g49 47 Q9 • Eagle Rltror Prasene Bank Acct 399,810.25 05 GRFARamooal C1lecwny 137.56516 Ob • Alpha 68nh-Eaucatron 224,8SO o0 07 • Erant Operatne Acco~gt 6,021 72 011 • Hams Ot-ert 70,~d5 56 09 • TnOnlas Weisel 2.171,827 67 1D • Enoowrtlant FYna9 ttolamA 99.28 Total CpockinAr6armys 3.95 3~g Accounts Rece,ra0lo 20 - Accounts Rero~vaWe 6,338,637.67 ToW Accounts Roc®~raDla 8.33' I. ORIar Currtnt Assets ..... ; 1499 - Utraopa;itad Fynaa 178,75 QQ 21 • Niscell9nepus Aettg Raee~vagf9 i 2,p~ Qp 2Z Baq Debt -1 526 9Q0 OQ 2s • VAC Que to l From ! 6,$qp $4 27.Ottrer Daposlts ~~ T f1• 21,x57 28 ) 22 o r C~mcnt csets . -1,67 67 ~-~,~ Total Cvrram Assets 1o,61ti,200 56 FISaO Assets 97 - Fumlwra 8 Factures 191, ib1 74 92 • ~gw~pmorlt • Office 8 Other 415,922 9 i ~ • AutgmoDlles 47.039 58 94 • Accumulated DeprecWtlon -928.762 43 95 - Le89epo1tis 945, ifi2 53 76 • WA$C Cap~talaaUOn 17,052 00 97 • GRFA 9uhAInA a.57fl,910 22 36 GRFa FF&E 300,48140 40 • GRFAAccum Dapreclation •1,229,042.96 Twsl FiXect Assets 7.72 p Ot11er A66at6 50-05 • Brepalq G 16 A 29.346.50 50.55 Propa~a session 25,109 32 ¢0~0 Prepa~q A9C 5B,t93 76 50,95 Prepgla d9q .. 13.000.00 -~ Total Otpg Wc;~S ~'12~ 6 TOTAL ASSEiS 19,467,O3S.B6 VA81L1TIE.Y r1~T7gUITY , Ltyp111GeS Curtelri l~aWllues Accounts Peyetile 100 -Accounts Payaoie 392.01 102 • AP Misc 3,860,94 Towl Accounts Payable ~ g Other Current uaDdiues T=498 R•02/03 ,~F^001 ~~ , /jy~~ ~~~. ~~ / t~ "' Pape 1 of Z f`4ay-24-06 15:01 From-NAIL VALLEY FOUNDATION + T-498 P.03/03 F-001 . olntiob ACCrYBI aass ~ ... ..._, .. .. .. Balance Sheet As of D~ct~frtae~ 31,.x005 DeC 31.05 ~ 103 •Operaang Una of Creaa ~ 000 104 • GRFA 61ne 4f LIeGIt 2,194,972 34 101.Oue Tq ! From vltar Cemer 229.500 00 108 • ERP une o- Crean ; ?Qc-,QO9 4A 10! •ERP Loan t,219,Q~2 S5 110-0i • Accrued G B A 749 99@:f! 116 • Novas Ra~ale - Ce~t'4 5 2~5 &4 1SQah ~ Defarreq Revenue : MEM ~ 1 ~o,QQO 130-05 Dofortgq Revenue GaA , 11I1,0~ QQ _ ~= 130-20 pofr-oq Rermwo • Equcaingn b Gp 1sQ-55 {>a(errCO Rorenue , 3CgSI0r19 ' ; 904900 OQ = - iSp-60 • DefeReC Re.opuo ~ A3C ! 644,60p QO S ~ 190.65 • Detertea Revenue BOP 375.000.00 150.75 • Deferred Revenue - VICF 99.455 00 130.80 Defertea Revalue - GRFA x3.500 00 130.95 poforrea Revenue • BSB 98.20000 Total Omar current LldddlUCa .~.~..~ 8, iB0,452.4a Topl Carrent Llapddirs 8.794 6 ~' ~ ~ - Total t•fi0dlues 8.794.635 99 Egwry 3000 - Opemnp Bat Equhy 5,482,287 49 7100.OPomne Balarfco AR 3,489,600 02 98aa • Retalnea Eunmgs -1.1 02.747 OB Net In[amo ~ 1,8 266 75 Taldl 8quiq 9,672,400 BO ~~/~ ~Q ~~ TOTAL LIABILITIES B EGU17r 18,487,095 88 ~~ *~ \.,o it:', ti Page 2 of 2 ~~ ~. APPLICATION FOR TOWN OF VAIL FUNDING May 2006 1. Better Ford Alpine Gardens 2. Nicola Ripley 183 Gore Creek Drive Vail, CO 81657 4. (970) 476-0103 5. See attached Board Member list Contribution requested: $10,000 This is a special capital project in addition to our normal operating budget. 8. Fiscal Year End September 30, 2006 9. Books are audited by McMahon and Associates 10. How Will the Contribution be Used? To provide `seed' money for a re-development of the Meditation Garden A garden is an ever-changing life form in need of constant care and rejuvenation. In keeping with the rest of Vail, Betty Ford Alpine Gardens strives to keep all areas of the garden at the highest standard. The Meditation Garden is over 15 years old and in desperate need of replanting. The horticulture committee for the Gardens (Sherry Dorward, Todd Oppenheimer, Bill Stufflebeam, and staff) proposes a re-design of the planting, improvements to the stepping stone crossing, pathways and pond edges. No changes are proposed to the water feature itself and the garden will retain its originally intended purpose as a meditational or contemplative garden. This will bring this area of the Garden up to the high standard of the adjoining gardens and allow us to house a large collection of perennials and shrubs that will add a new dimension to the e~:isting collections. $10,000 in `seed' money will get the project off the ground. The anticipated total cost of the re-design will be in the region of $40-50,000. The plan to raise the remaining money is through a grass roots approach, with community donations purchasing individual plants and shrubs, with a major matching gift promised from an individual donor. This will not only raise the necessary funds but will give the public a stake in this garden. Community help is also anticipated in tasks such as removal of existing vegetation. i 11. How does the request support 1C of the Contribution Policy? The Betty Ford Alpine Gardens has achieved a status of the World's premier high altitude botanic garden. With thousands of visitors a year, local, national and international, to enjoy the beauty of the gardens, the magnificent plant collections, the educational programs and the guided tours, we are sure that the Town will see this as a sound investment in the future of Vail. ror almost twenty years the entire community has felt the benefit of Vail's lovely Botanic Garden. In accordance with the Town of Vail's mission statement it is our belief that the Gardens are an institution that sustains Vail's reputation as a premier mountain resort. An investment in the Gardens is an investment in the high quality cultural and recreational facilities that its residents have come to enjoy. 12. Who currently funds Betty Ford Alpine Gardens? The gardens are funded by private donations, events, grants and gift shop revenue. Of our $400,000 annual operating budget for 2005 Town of Vail 10%. Memberships 7% Donation Boxes 2% Individual donations 23% Grants 3% Tours and weddings 3% Gift shop 30% Special Events 22% 13. Mission Statement "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 develop and maintain Betty Ford Alpine Gardens. Betty Ford Alpine Gardens 2005 - 2006 Boaf°d of Dif°ectors Betty Nord Alpine Gardens Office Phone: (970) 476-0103 Office FAQ: (970) 476-1685 Alpine Treasures: 479-7365 Betty Ford, I3ouorary Director P.O. Box 927 Rancho Mirage, CA 92270 Jan Hart (Assistant) (760) 324-1763 -CA ofttce (760) 324-7289 -fax 1'.O. Box 5670 Avon, CO 81620 Judy (Assistant) (970) 949-0222 - CO home (970) 845-9619 -fax Gwen Scalpello, 2006 Secretary P.O. Box 160 -Rick Vail, CO 81658 479-1788 -home 479-7330 -fax gscalpello cr),attglobal.net Jacki Allen-Benson, 2006 Post Office Box 270 Gypsum, CO 81637 (970) 524-0010 -home -Hugo (970) 524-1015 -work (970) 524-1019 -fax (970) 471-0986 -cell benson7allen~earthlink,net Helen Fritch, President Ernerita 183 Gore Creek Drive -Bob Vail, CO 81657 (970) 476-0545 -home (970)476-8702 - Sitztnark fax (970) 471-1157 -cell hfritch a,msn.com Co-Owner, Sitzmark Lodge June Vanourek, 2006 President 2524 Fetmo Drive -.I3ob Cordillera, CO 81632 (970) 926-4072 (970) 926-4264- fax junevan(c~vt~il.net (970) 390-9257 Amy Phillips, 2005 Vice President 4831 Eagle Bend Drive -Bill Post Office Box 3868 Avon, CO 81620 (970) 949-0581 -home/fax (97U) 331-1645 -cell aimtssvail(cc aol.com I3ob I+'ritcii, 2006 Treasurcr 183 Gore Creek Drive -Helen Vail, CO 81657 (970) 476-0545 -home (970) 471-1157 -cell Sharon Balius, 2006 390 Winslow - P.O. Box 1976 Edwards, CO 81632 926-7106 -home 926-9796 -fax sbalius a umich.edu Frank Barborelc, 2005 3265A Katsos Ranch Rd. - Fve Vail, CO 81657 (970) 479-1044 -home/fax (970) 331-6942 -cell. f bntx(c~aol.com Deane Hall, 2006 2000 'E. 12'x' Ave., Box 4 Denver, CO 80206 (303) 322-8338 -Home (303) 3.31-9526 -lax (303) 333-6323 -office (303) 956-0622 -cell Winter -Florida 1532 NE 24`x' Street Wilton Manors, FL 33305 FL phone - 954-564-6286 Deane a.l\~ItnNledia.net Allison Hoversteu, 2005 1183 Cabin Circle Vail, CO 81657 (970) 479-0518 -home (970) 479-7450 -fax (call first) ~'~luzzvl234 r~aol.com Diclc Liebhaber, 2007 44W,Meadow Dr -Kay Vail, CO 81657 rtl(rl liebhaber.net (703) 442-0553 - VA (703) 556-9593 - VA fax (970) 476-6583 -Vail (970)-476-3714 -Vail fax Magnus Lindholm, 2007 maanuslindholm a),traercreek.com Post Office Box 640 -mailing Vail, CO 81658 0322 L. Beaver Creek Blvd. -work Avon, CO 970-949-6776 970-748-8900 Anne Rainey, 2000 520 Black Bear Trail- John P.O. Box 2214 Edwards, CO 81632 (970) 926-4791 -home (970) 926-4793 -fax 720 Albion Road Columbia, SC 29205 (803) 254-4665 -home (803) 799-2840 -fax Bill Stufflebeem, 2007 522 Ryan Gulch Road P.O. Box ] 677 Boulder, CO 80306 (303) 459-3070 -Dome VA-P.O. Box 100250 Arlington, VA 22210 (703)521-1075 Pam Brandmeyer Town of Vail Representative 75 South Frontage Road W Vail, CO 81657 (970)479-2113 Pbrandmeyer cl,vailgov.com Jim Brandrneyer (970) 390-9988 -cell .Tim a,bettyfordalpine~;ardens.ore Nicola Ripley (970) 390-9406 -cell Nicola rr bettyforclalpinegarde~~s_or~; r Betty Ford Alpine Gardens Balance Sheet April 2006 Assets Total Assets Liabilities Net Worth Total Liabilities & net Worth Petty Cash Unrestricted Cash Endowment Gift Shop Inventory Total Current Assets Fixed Assets Accounts Payable Loan Payroll Taxes Sales Tax Payble Total Current Liabilities 500.00 38,644.86 247,604.75 67, 704.72 354,454.33 2,270,048.53 2,624, 502.86 15,989.93 30,000.00 6,370.07 565.90 52,925.90 2,571,576.96 2,624,502.86 ~;,. Revenue Expenses Betty Ford Alpine Garden 2006 Fiscal Year Budget Membership 50,000 Town of Vail 50,000 Individual Donations 80,000 Events (net) 70,000 Grants 67,000 Gift Shops (net) 50.,000 Facility Use 10,000 Donation Box 12,000 Miscellaneous 14,500 Total 403,500 Administration 76,029 Garden 87, 722 Education 49,348 Development 75,798 Payment to Endowment 109,029 Total Expenses 397,926 Net 5,574 ~. , TOWN COUNCIL AGENDA REQUEST (Request form must be given to the Secretary to the Town Manager by 12:00 p. m. Wednesdays.) MEETING DATE: June 6, 2006 (Prepare a separate Agenda Request for each agenda item. If the agenda item will be discussed at both a Work Session and an Evening Meeting, be certain to check both boxes in this section and indicate time needed during each meeting.) Work Session TIME NEEDED : 25 min Evening Meeting TIME NEEDED Site Visit TIME NEEDED WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON-TOV STAFF? _ NO. X YES. WILL THE PRESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENT, i.e. overhead projector, etc.? _X N O. YES. Specifics: WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM? NO. _X_ YES. If yes, is the material also for public distribution X Yes. No. ITEM/TOPIC: Cascade Village Metropolitan District/Town of Vail cost sharing and release of funding ACTION REQUESTED OF COUNCIL: 1. Review the attached draft Intergovernmental Agreement. Staff looks to request approval of the final version at the June 20 Council Meeting. 2. Confirm the use of funds as requested by the Cascade Village Metropolitan District. 3. Reconsider the source of funding for the Westhaven Drive Pedestrian Bridge from the Capital budget to the RETT budget. BACKGROUND RATIONALE: In June of 2005, as part of a cooperative effort between the Town of Vail and the Cascade Village Metropolitan District (CVMD), the Town Council agreed to assist with funding for two bridge projects in Cascade Village. Representatives of CVMD will present an update on the progress of the multiple facets of these projects. Detailed information is provided in the attached "Memorandum" and "Executive Summary of Attached Memorandum." In addition, a draft Intergovernmental Agreement between CVMD and the Town is attached for review. ~~ The funds that are requested by CVMD are as follows: Approved funding: Pedestrian/Skier Return Bridge $ 106,305 (2006 RETT Budget) Westhaven Drive Pedestrian Bridge $ 94 620 (2006 Capital Budget) Total $ 200,925 CVMD Contribution to paths ($ 60,000) Total TOV Bridge Funding $ 140,925 This funding agreement included reconstruction of the Pedestrian/Skier Return Bridge, addition of the Westhaven Drive Pedestrian Bridge, acquisition of Easement and Maintenance Agreements through Cascade Village properties, and a contribution towards the reconstruction and repair of the. Gore Valley Trail through Cascade Village. ' Requested Funding: Pedestrian/Skier Return Bridge $ 60,000 (2006 RETT Budget) Westhaven Drive Pedestrian Bridge $ 94 620 (2006 Capital Budget) Total $ 154,620 CVMD Contribution to paths ($ 60,000) Total TOV Bridge Funding $ 94,620 This funding request includes the items listed under "Approved funding" above, with the exception of the reconstruction of the Pedestrian/Skier Return Bridge. The $ 46,305 remaining in the Pedestrian/Skier Bridge furiding would no longer be required at this time and could be returned to the general RETT Fund balance. STAFF RECOMMENDATION: 1. Staff supports the release of funding for the Westhaven Drive Pedestrian Bridge in the amount of $94,620. This amount was previously approved by the Town Council and is included in the 2006 Capital Budget. Staff suggests this funding could be a RETT expenditure as it is a purely pedestrian walk similar to other pedestrian bridges constructed throughout Vail. using RETT funds. 2. Staff supports the use of $60,000 towards the Gore Valley Trail Improvements, currently under construction, from the $106,305 previously approved towards the Pedestrian/Skier Return Bridge. Tom Kassmel, Public Works Employee Signature/Department EXECUTIVE SUMMARY OF ATTACHED MEMORANDUM Cascade Village Metropolitan District ("CVMD") seeks release of Town funds appropriated for improvement projects undertaken by the Town and CVMD in Cascade Village. Council conditioned release of the appropriated funds upon: . • Determination of Pedestrian/Skier Return Bridge ownership. • . Preparation of an IGA between the District and Town regarding ownership and maintenance of improvements. • Securing Gore Valley Trail Easements and Maintenance Agreements. • Resolution of Tract K, Glen Lyon Subdivision cat trail covenant amendment issue. The status of the projects has been affected by a 129% increase in material costs. • Westhaven Drive Pedestrian Bride -CVMD awarded a contract for the construction a pedestrian and bicycle connection to the Gore Valley Trail, including a lighted sidewalk and railing on the vehicle bridge, structural improvements and a stone facade. The District will fund 100% of the architectural improvements. The Town agreed. to fund 28.5% of the structural costs. 28.5% was estimated at $94,620. • Pedestrian/Skier Return Brid6e -The District did not proceed with the pedestrian/sl<ier return bridge improvements because of the uncertainty of funding contributions from Vail Resorts and the Town. CVMD's need for the bridge is uncertain without approval of the Glen Lyon Subdivision covenant amendment for the Tract K cat trail. • Gore Valley Trail -Ownership and maintenance of the Trail has been disputed for years. The Town agreed to accept ownership and summer maintenance obligations. CVMD assisted by obtaining easements and maintenance agreements from property owners along the Trail and agreed to contribute, some funds released by the Town toward improvements. • Westhaven Drive Sidewalk -CVMD agreed to contribute some of the released funds for a sidewalk to complete the Gore Valley Trail through Cascade Village and provide access to the recreation path spur serving the Matterhorn and Glen Lyon neighborhoods. • Skier Plaza - No contract has been awarded for improvements to the skier plaza. Request for Release oI' Funding The District has fulfilled all of the conditions within its control imposed by Council on the release of fiends appropriated to -pay for 28.5% of the estimated cost of structural improvements to Town owned infrastructure. The District requests Council to release the funds currently appropriated in the Town's 2006 budget for the Westhaven Drive pedestrian bridge ($94,620), and the Gore Valley Trail ($50,000) and Westhaven Drive sidewalk improvements ($10,000). \C V M D\AG RT\TOV .IMF0~2~ 0020.0301 S~E~L.~1/ ~va~~~ ~~v~~, 7~. ~. ATTORNEYS AT LAW Kim J. Seter Barbara T. Vander Wall Joan M. Fritsche Staci A. Usagani MEMORANDUM TO: Town Council Town of Vail FI20M: Seter & Vander Wall, P.C. RE: Update -Cascade Village Capital Improvement Projects DATE: May 30, 2006 I. INTRODUCTION The purpose of this memorandum is to provide Council with (1) an update on the status of capital improvement projects undertaken by the Cascade Village Metropolitan District (the "District"); (2) an update on the status of the conditions imposed by Council on the release of Town funding appropriated for use by the District on capital improvement projects; and (3) request the release of the Town funding appropriated in the 2006 capital and RETT budgets. IL BACKGROUND The District was formed in 1986 as aquasi-municipal corporation and political subdivision of the state for the purposes of providing financing, design, construction, operation and maintenance of certain public improvements within Cascade Village. In addition to finding ongoing operations and maintenance of Chair 20 (a/k/a Cascade Lift), the District also maintains common areas within the District for use by the general public. The District and Town staff have been working together to address ownership and maintenance issues concerning public improvements constructed as part of the developer requirements for Special Development District 4 (Cascade Village) and to coordinate design, construction and funding of maintenance and upgrades to public infrastructure in Cascade Village owned by the Town and/or the District. Town Council agreed to provide cooperative funding for these projects under certain conditions. III. CAPITAL IMPROVEMENT PROJECTS Summary of Projects. Cascade Village is a small pedestrian friendly area of the Town with significant visitor amenities. The improvements planned by the Town and the District to the Westhaven Drive pedestrian bridge and sidewalk, Gore Valley Trail and the pedestrian/skier return bridge will p--ovide.an appreciable benefit to local residents and year round visitors to the Town. "These projects will substantially improve the safety of all Trail users and improve the accessibility of the Town's recreation path system. 7400 E. ORCHARD ROAD SUITE 3300 GREENWOOD VILLAGE, CO 80111 PHONE: 303-770-2700 FAX: 3D3-770=2701 E-MAIL: SVW(a SVWPC.COM The bridges pose serious safety hazards to all users in their current conditions. The Westhaven Drive bridge crosses Gore Creek after a sharp turn in the road. Pedestrians are forced to walk on the roadway or on the curbs designed to keep vehicles from hitting the railway. In the winter, snow is piled on the curbs forcing pedestrians and skiers to share .the snow packed driving lane with cars. Adding a sidewalk with snow removal maintenance and pedestrian lighting will improve the year round safety for all bridge users, will provide needed access to the Gore Valley Trail and will provide residents and visitors with a positive recreational experience. The current pedestrian/skier return bridge is only 9 feet wide and has a poorly designed approach for bicyclists and skiers that poses a significant safety risk to pedestrians using the bridge as part of the Gore Valley Trail. A wider bridge will also allow improved winter maintenance because machinery can be used to move and pack snow. Not only would consistent snow coverage provide a better skier experience, it also means the Cascade Lift could remain open longer at the end of the season, increasing visitor activity in the community. The bridges and Gore Valley Trail are an int•agal part of the Vail experience. Skiers use the Trail and bridges in the winter to access the Cascade Lift and walk thro~igh Town. The spur to the Gore Valley Trail connects the Matterhorn and Glen Lyon neighborhoods to the rest of the Town's recreational path system and is used by pedestrians to connect with the Town. Currently, the Trail "dumps out" onto Westhaven Drive creating a safety hazard for Trail users and vehicular traffic. The Town owns the bridges and trail facilities and is responsible for structural maintenance to the bridges. The District is proposing to provide substantial structural and architectural improvements to these Town facilities at minimal cost to the Town for design, construction and construction management services. The District's improvements will compliment and complete the Town's work on the Gore Valley Trail to provide substantially upgraded, functional and safe facilities. District -Westhaven Drive Bride. The District has awarded a contract for the construction of improvements to the Westhaven Drive bridge to provide a pedestrian and bicycle connection to the Gore Valley Trail. The improvements are expected to be completed in late fall 2006 and include adding a lighted pedestrian sidewalk and railing to the existing vehicular bridge and adding architectural improvements to the bridge structure, including a stone facade. Pedestrians, cyclists, and skiers currently share the snow packed roadway with vehicles crossing the bridge after making a sharp turn with limited visibility. Upon staff recommendation, in 2005 Council approved funding 28.5% of the total structural improvement costs for the Bridge for the capital fund. The District will fund l00% of the architectural improvements and the remainder of the structural costs. Original estimate of TOV cost: $94,620. District -Pedestrian/Skier Return Bride. The District has not awarded a contract for improvements to the pedestrian/skier return bridge. Anticipated improvements include widening the existing bridge from 9' to 18' for safety; i~icreasing the load bearing capacity of the bridge superstructure; installing a barrier to separate skier fi•om pedestrian traffic; and adding a stone facade to the structure. Replacement of the existing railings is currently included in the Town Recreation Trail Maintenance Plan. The District does not consider it prudent to award a contract at this time. The District does not have funding to complete the improvements contemplated for the Westhaven Drive pedestrian bridge and the pedestrian/skier return bridge. Costs for t:he two projects are running approximately 129% over 2004 2 estimates. The District elected not to proceed with the pedestrian/skier return bridge improvements because of the uncertainty sun•ounding funding contributions and the long term use of the bridge. Vail Resorts has conditioned the extension of the Cascade Lift Operations and Maintenance Agreement and its funding contribution to the pedestrian/skier return bridge improvements upon the approval of the Glen Lyon Tract K Cat Trail Covenant Amendment. The Town has also tied its funding contribution for the bridge improvements to the passage of the Tract K Covenant Amendment. Upon staff recommendation, in 2005 Council approved funding 28.5% of the total structural improvement costs for the pedestrian/skier return bridge from the RETT fund. The District will fund 100% of the architectural improvements. Original estimate of TOV cost: $ l 06,305. 4. Town -Gore Valley Trail Reconstruction -Donovan Park to Westhaven Drive. This project involved obtaining legal access and easement rights, rebuilding the existing Gore Valley Trail and burying overhead electric lines under the Trail. Work is in process and slated for completion by the Town in 2006. -The District agreed to provide $25,000 towards this project and to secure Town easements and maintenance agreements and access rights for the Town. 5. Town -Gore Valley Trail Improvements -Westhaven Drive to Skier Bridge. This project involves obtaining legal access and easement rights and repairing the existing recreation trail along Gore Creek from Westhaven Drive to the pedestrian/skier return Bridge to meet Town recreation path standards. The District agreed to provide $25,000 towards this project and to secure Town easements and maintenance agreements and access rights for the Town. 6. Town -Westhaven Drive Sidewalk. Council approved the addition of a sidewalk along the west side of Westhaven Drive to the Westhaven Bridge in conjunction with the development of the Westhaven Condominiums. The sidewalk is a link to the Gore Valley Trail and an important safety feature for pedestrians and automobiles traveling on Westhaven Drive. The District has committed $10,000 to this project. This section of sidewalk completes the Gore Valley Trail and provides access to the recreation path spur sewing the Matterhorn and Glen Lyon neighborhoods. 7. District -Skier Plaza. The District has not awarded a contract at this time for improvements to the shier plaza at the base of the Cascade Lift. Anticipated improvements include upgrading the retaining wall along the Gore Valley Trail, adding a safety railing and installing additional. pavers and landscaping improvements. The District is responsible for funding 100% of these improvements. IV. CONDITIONS PLACED ON RELEASE OF TOWN FUNDING On June 7, 2005, Council approved a supplemental funding request by the District for various projects, as described above. Council placed several conditions on the release of funds. 1. Pedestrian/Skier Return Bridge Ownership. In satisfaction of the condition, Town staff has conf rmed the bridge is owned by the Town of Vail. 2. IGA between the District and Town. Pursuant to Council's condition, an agreement addressing ownership, maintenance and insurance coverage for the Gore Valley Trail, Westhaven Drive Bridge and the Pedestrian/Skier Return Bridge has been drafted and reviewed by "town staff. -, 3. Gore Valley Trail Easements and Maintenance Agreements.- _ Council's request that easement and maintenance agreements be obtained from property owners along the Gore Valley Trail has been completed. In addition to Board member participation, the District has spent approximately $10,745 in legal fees to negotiate a uniform Recreational Easement and Mainte~iance Agreement between the Town and each property owner in Cascade Village along the Gore Valley Trail. Once the Town has surveyed the improved Trail, legal descriptions will be added to each Agreement and Town Staff will record the Agreements in the real property records of Eagle County. 4. Resolution of Tract K Glen Lyon Subdivision Cat Trail Issue. District Board members have spent countless hours facilitating meetings and discussions between the Glen Lyon property owners and Vail Resorts concerning the proposed Tract K amendment to the Glen Lyon Subdivision Covenants. The District mailed two letters to the Glen Lyon homeowners encouraging them to learn the facts and return their ballot to Vail Resorts, Inc. The District also compiled and mailed the second covenant amendment mailer on behalf of Vail Resorts. Legal fees incun•ed by the District on this matter have reached $]2,350 to date. Finally, District Board members have attempted to personally contact each property owner that has not returned a ballot to .Vail Resorts. The District is not a party to the Tract K Covenant Amendment vote; however, because this issue has been tied to the Cascade Lift operations agreement with Vail Resorts and funding commitments by Vail Resorts and the Town, the District has done everything within its power to facilitate a resolution. V. REQUEST FOR RELEASE OF FUNDING The District has fulfilled all of the conditions within its control imposed by Council on the release of funds appropriated for the capital improvement projects. Payment of 28.5% of the estimated cost of structural improvements to Town owned ilifrastructure was recommended by Staff and approved by Council in 2005. The cost of building materials has escalated approximately 129% since the original estimates were prepared in 2004. The District requests Council release funds already appropriated by the Town from its capital projects fund for the Westhaven Drive pedestrian bridge improvements ($94,620) and release RETT funds for the Westhaven Drive sidewalk and Gore Valley Trail improvements ($60,000). The remaining RETT funds appropriated for the pedestrian/skier return bridge are not needed at this time ($46,305). \CVMD\AGRT\TOV 06 .IMT=1737 0020.0301 4 INTERGOVERNMENTAL AGREEMENT CONCERNING CAPITAL IMPROVEMENTS AND MAINTENANCE OBLIGATIONS This Intergovernmental Agreement ("Agreement") is effective the day of 2006, by and between CASCADE VILLAGE METROPOLITAN DISTRICT a cluasi- municipaLcorporation 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, 1986. 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 within 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 the District and the Town. The parties desire to define 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(1)(d)(I), 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 interests and obligations concerning the financing, installation, maintenance, repair and insuring the improvements. NOW, THEREFORE, the parties covenant and agree as follows: . CO VENANTS AND A GREEMENTS L Purpose. The purpose of this Agreement is to define the obligations of the parties associated with ownership, designing, finaiZCing, constructing, maintaining, repairing and insuring the capital improvement projects described below. 2. Capital Improvements and Maintenance Obligations. A. Westhaven Drive Bridge. a. Town of Vail. The Town will contribute fiends toward the cost of designing and constructing the structural improvements to the bridge, including widening of the bridge by adding a pedestrian sidewalk and installation of 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 as defined in Section 4A, and snow removal from the roadway portion of the bridge. b. Cascade Ville Metropolitan District. The District will design, finance in part and construct the structural and aesthetic improvements to the Westhaven Drive pedestrian bridge, including widening the bridge, installing a stone facade, pedestrian sidewalk and pedestrian lighting. The 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 owns the bridge and is responsible for structural maintenance and repair of the bridge and summer maintenance as defined in Section 4A. The Town agrees to negotiate with. the District at an appropriate tune concerning funding certain bridge improvements. b. Cascade Village Metropolitan District. The District is responsible for securing winter maintenance of the bridge for skier use. The District anticipates financing in part and installing structural and aesthetic improvements to the bridge, upon securing financing and an agreement for indefinite winter use of the bridge. Anticipated improvements include widening the bridge, installation of a stone facade and installation of a removable partition to separate pedestrian use from the skier return section of the bridge. C. Gore Valley Trail. a. Towri 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 as needed to maintain the trail in a safe and useable manner during the non-winter months. Such maintenance is defined under Section 4A and outlined in the Recreational Easement and Maintenance Agreements executed by property owners along the trail. b. Cascade Villa eg_Metropolitan District. The District has participated in the trail improvements by obtaining title work and easement and maintenance agreements on behalf of the Town from property owners along the Cascade Village portion of the trail. The easement agreements include provisions for access to the trail site and for construction and maintenance related activities. The District is responsible for securing winter maintenance, as def ned in 2 Section 4B, of the skier return portion of the trail, as shown on Exhibit B. The lighting system located along the trail is owned and shall be maintained by Cascade Village Association. 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 easement interest. B. Other Parties. Cascade Village Association currently insures the pedestrian/slcier return bridge as well as the section of the Gore Valley Trail marked on Exhibit B. C. Contractual Obligation. The duty to insure the capital improvements described above shall be contractually assigned to the entity responsible for summer or winter maintenance of the improvements. 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 Drive pedestrian bridge, as shown on Exhibit A. Summer maintenance shall start each spring with the closing of the 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 Towii 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 and the sidewalk between the Westhaven Condominiums acid the Westhaven Drive bridge including snow and ice removal and ensuring the sidewalk is in a safe and usable condition. Currently, tlu-ee 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 underpass," located at Westhaven Lane. The District is responsible for winter maintenance from the uphill side of the skier underpass to the pedestrian/skier return bridge. Cascade Village Association provides winter maintenance through the District from Westhaven Drive to the uphill side of the pedestrian/skier return bridge and the skier plaza. Winter maintenance may be contractually assigned to the District or other entities. 3 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 Seter & Vander Wall, P.C. 7400 East Orchard Road, Suite 3300 Greenwood Village, Colorado 80111 Attn: Kim J. Seter, Esq. (303) 770-2700 the Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attn: Greg Hall (970) 479-2100 6. Indemnification. 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 costs (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 under. this Agreement. B. The Town. 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 provided by the Act or any other limitation or defense otherwise available to them, their officers, or employees: IN WITNESS WI-IEREOF, the parties have executed this Agreement as of the date first written above. 4 CASCADE VILLAGE METROPOLITAN DISTRICT ATTEST: By: Title: By: Title: ATTEST: By: Title: TOWN OF VAIL, COLORADO By: Title: \CVMD\AGR"iITOV IGA .IMF1045v6 0020.0301 i ' .... _,_. _........~._ ._._ _ _ .. ...,..._ f ,, ~ ' \. j EXHIBIT A ~- ~ ~Y ~;`'- '~ ~~ ,- ,r ;t' r; ; , ' ,r tr ~ 4 ,~ ,,.. ~ - - - - Gore Valley Trail thru Cascade Village ' ,-"~ _ ~ - ` ""~ ,,-'~\~~~; \ ~r"~ r f ., •j i ix r .i ., _ t. `. 4' r in / ~/ ~/ r rr(yS`°" 4 ~ ,< ~rf ~ ~ v ~~~ o g ! ~.r' ~., ~Y ,,,,.,~' r ~ / ,- it r~, ~ it '/!' ~ ~~ a~ ~~ "~ ..1 ,; i ~ ~ 7 ~ ji ; l /' tl `~..! ./'~ ; r/ r J ; ~ a: ~c c~ r ~ / r / i f. i \ ~... ~, ~q i t c. it f 'f ~~.~~ t. ' i t ~> ~~ t ~ S £ ~ t~'J l r `t'om ,~ 1_ a~ F s t•, i { 5 c z /.~; tee-; °~ •-.. I~ / ~`~, 2~ ` i i f 3 r ~ . .. ,.. /' r ~ ~ c 1 // ri / ;• f ~ r ,, . DONOVAN PARK ~ F j f t MATTERHORN CT _,. ~ t ': f ,. .~ " ~ ,-~ ; j ~~~ ~..r t f v ~ r: ~ E a < f ,.. ~.. "~~ ~ ~tt ~ ~ ~~ r~ <. , 7 - '• . _.. .. 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CONDOMINIUMS;~`G ~R `A"~~l ~ ~ t3 S ~ < L ~ f'0' jai ~ ~ ~^'~~.u '~ _ ~ y ''\ ~/ L '~ t ~ 1 ~l i 1 !`l {~,~,.'-~^°'"~~~- GORE CREEK ~ ~ jy ,.. / } ~ S t EY£=1- ..r ~` a/ ~ ~Evz ~ c. s/ .t r~ 1 2 ~}I ~" ^, ~-a \.- tt 'L ~ ~ : 4 i s ' '' .,.,~'"., r ~ °. `, vQ%G ~ ~ t r xP J ~ ~y f.\ .f COLDSTREAM ?r ,3 4 -•-..a,.,,.,.,.,_.. ,... ,6 f 4 F P l ~ ~i ,.y U ~' ~ ~f `. ~., S {I CONDOMINIUMS `: : ! lie. 'ter-+"`~ J- ~ ~Y`Y.. ,O ~'lS~ ~J,..:,~ ~ i ,. V tea, ,~ 1 , ~ ~ :. .. ,._; _...~--- 5 Z ~,.., f E _ ~ ~ ~ Z < ~J L 4 C V ff ~~ ~~ ~ , ~' ? O ffr c / „ , 3 1 i~ ' ~ ' ~ . ,,,..~.e..-, MATTEknORN CY_.., ... .~. ... y~,_._._._ ~ ....._.. ...f ,.. '\'~ L ~, 1.Y ...._. ._ ~ .. L . ~1., f y f ~ l s l ~J ,~ v j E g ~3~ ~, .-t f r- ~u ~ „,. , 4 . :.; t: _ -_ Q. G .- a~:. - \ _. ~~ t '~~- ~ r ra < % 4 ,< ~; ~:~Q ~~ ,~ c n ! ~, _ i t ~" i ES ~ ~ /rte OP° .i ~O .. ' ~O~ ., ~'lD : ~ r"~mC .~ F / ~ P . 5 / ~ st ~ /~F9'~% \a `.(~G i i /y-Cp'~/ ~'' /~' /,~t~Q' % i f ^~^ .~ .~ scale: 1 "= 250' CENTU YR TEL Personal touch . advanced communications ~~ Introduction and Executive Summary The Town of Vail Wi-Fi project presents a unique opportunity for the town to provide access to affordable broadband for Vail residents, businesses, and visitors. Additionally, this network will provide a cost savings, and increase efficiencies for the municipal government and introduce new potential applications enabled by wireless technology for all users of the network. CenturyTel appreciates the opportunity to respond to the town of Vail's efforts to bridge the divide. CenturyTel continues its initiative to provide broadband Internet access to the rural communities in the high country of Colorado with this response to Vail's wireless ambitions. CenturyTel's positive reputation in our current markets is proof of our capabilities to provide a high quality consumer Internet experience. In responding the Town of Vail's Wireless RFP, CenturyTel has forged relationships with market leaders in wireless technologies and services such as SkyPilot and Aspen Wireless Technologies, and Wi-Fi roaming partner Airpath to provide aworld-class infrastructure. CenturyTel represents the primary contractor and guarantor of the work outlined in this response. However, when possible local sub-contractors will be invited to contribute. CenturyTel appreciates the requirement and objectives put forth by the Town of Vail, and has taken care to develop this response with the needs of Vail in mind. CenturyTel believes that leveraging the collective strengths, resources, and experiences of our network partners will create the foundation for a successful business model built on a world-class network to fully satisfy the Town and its residents. Response Considerations CenturyTel has tailored this response for Vail's desire for atown-wide wireless network that successfully delivers the requested objectives stated in the RFP, and with the unique added.benefit of no risk to the Town of Vail. The following necessary components were established in CenturyTel's development of this solution: ^ Negate financial risk by the Town, through CenturyTel's private funding of the network; ^ Support the desired economic and social impact presented by this initiative; ^ Provide technology to meet or exceed the requirements contemplated in the RFP ensuring the greatest potential quality experience both indoors and out for residential, business, and (eisure,.and local government users; ^ Deliver a wholesale business model for premium services, allowing local qualified service providers the opportunity to utilize the infrastructure competitively; ^ Create a successful free access model, which provides value to occasional use consumers while driving adoption of premium services; CenturyTel, Inc. P: 318.888.9000 PO Box 3840 5 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com ~y CENT~YI El. personal touch advanced communications ^ Engage Colorado local resources to assist in engineering, deployment, and support of the network; ^ Leverage "Nail's Billion Dollar Renewal" branding and marketing efforts to drive awareness and uptake of the Vail broadband wireless network. Highlights of the Proposal ^ No capital will be required from the Town of Vail in the deployment or operation of the network. CenturyTel, who shall finance, own, and deploy the operating network, engaging best-in-class methodologies and leading technologies, will address upfront and ongoing costs through private internal investment. ^ It is requested that the Town of Vail license long-term rights of eight-years with consecutive renewal options for access to all available city assets for deployment and operations of the wireless broadband network. ^ Free Internet access at the speed of -300Kbps will be available town-wide ensuring affordable access for visitors to the Town of Vail. ^ CenturyTel will provide premium service options under a business model .that allows a minimum best effort 1 Mbps service plan to be selected at a near 'dial-up' rate, well under current available broadband options within town limits. ^ CenturyTel is a leading local telephony provider, and provides services to twenty-five other states. This allows CenturyTel to offer the highest level of customer support to end-users and affords the .resources necessary to build ands manage a robust, carrier-grade wireless broadband network. ^ Our technology and service partners have a proven track record as world-renowned leaders and visionaries enabling next generation wireless broadband networks. Through these partnerships, CenturyTel will provide unparalleled Internet service through a network engineered to exceed expectations of success by other major metropolitan wireless projects. ^ The deployment will be completed prior to fall of 2006 with the support of the Town of Vail for zoning, permits, and site acquisition. ^ Members of the municipal workforce will have free access to the Internet and Town of Vail private network in a cashless exchange for lease of city owned assets. ^ The city has a low cost option, prior to installation, to upgrade the mesh network system to include approved 4.9 GHz radios for operation within the protected Public Safety spectrum. ^ The city will receive highly competitive .rates for replacement or redundancy. via CenturyTel's l OOMbps fiber network. ^ To ensure the commitment by wholesale service providers CenturyTel will require a setup charge and prepayment to provide access to the wireless network platform. Premium services will be wholesaled to these qualified service providers at rates, which will allow them to provide competitive Wi-Fi access on the same network. CenturyTel, Inc. ~ P: 318.888.9000 PO Box 3840 6 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com 1 i r CENTIU Fj. Personal touch ~^ advanced communications ~~ CenturyTel will provide free access on an hourly basis to ensure security of the network and other users while providing daily and monthly subscription services at various premium speeds. ^ The brand "Nail's Billion Dollar Renevval" and .associated marketing will be licensed and/or allowed for use by CenturyTel in the marketing of the network. CenturyTel will enjoy prioritized placement within advertisements in the captive portal while offering innovative advertising opportunities for local businesses to drive economic growth and increased commerce. The quality user experience, competitive consumer prices, and excellent service levels will be the result of a successful partnership between the Town of Vail and CenturyTel. We are motivated to drive consumers in the use of the network and provide a compelling new alternate Internet access services within the community. Affordable Retail Rates For prices similar to premium dial-up, CenturyTel commits to provide affordable Wi-FI broadband Internet access. These rates are between 25-50% under competitive cable and DSL offerings nationwide. The CenturyTel premium wireless service packages include email, SPAM filtering, virus detection, and other standard Internet services. Free Access in Town CenturyTel believes that broadband Internet access is a necessary and significant part of a new social fiber. Additionally, broadband has significant economic impact for not only the local markets in today's global economy. In providing ubiquitous affordable Internet access, CenturyTel and the Town of Vail will be closing the digital divide with an approximate -300Kbps connection within the coverage area. The service will be at no cost to the user and will require authentication through local advertisement-enhanced captive portal page upon successful connection to the SSID chosen for the network. Financing the Town of Vail Wi-Fi Project CenturyTel, in partnership with the Town of Vail proposes to finance, deploy, own and operate the Town of Vail Wi-Fi network. CenturyTel shall bear the cost and risk associated with the deployment, operation, and upgrade of the network and support systems over the term of the project. The financial strength and stability of CenturyTel allows the social, economic, and service objectives to be realized at their full .potential. Internally financing and retaining ownership in order to provide CenturyTel the expedited return, while mitigating risk by the Town of Vail, best aligris our investment risk. Network ownership by CenturyTel offers the advantage of revenue and margin through the wholesale and business model as well as the ability to conduct technology and operational decisions. This also allows CenturyTel the ability to model an operational basis for other current CenturyTel communities who may benefit from this type of offering. CenturyTel, Inc. P: 318.888.9000 PO Box 3840 7 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com / / C CEI\IT~.TEL Personal touch ® advanced communications It is estimated that the initial capital expenditures to deploy the Town of Vail Wi-Fi network are approximately $700,000.00 and a total cost to CenturyTel in supporting the network infrastructure for an eight-year term to exceed $260,000.00 CenturyTel will fund these cash requirements internally at no cost to the Town of Vail. Compensation for Use of Municipal Assets As part of the CenturyTel solution the Town of Vail will grant long-term rights to town assets for use and deployment of the wireless broadband network. CenturyTel proposes an arrangement where the town has special access to the wireless network at no cost in an exchange for the exclusive commercial use of city assets. Municipal assets will include any buildings, towers, light poles, traffic lights, utility poles, and fiber assets owned by the city. As an additional measure of compensation, CenturyTel will provide the town of Vail a growth return of 5% monthly revenue received from premium service subscriptions. The Town of Vail shall contribute to the partnership; the responsibility of acquiring and facilitating the rights to the city owned mounting assets. The Town of Vail will bear the costs for any mounting rights and electricity. CenturyTel appreciates assistance negotiating with local utilities if necessary. CenturyTel's Proven Services and Support In addition to the attached "Statement of Qualifications", CenturyTel provides over 2.2 million telephone access lines across 26 states. Our broadband access customers grew by 37,000 in the first quarter .of 2006, with a grand total of nearly 300,000 subscribers. As well, CenturyTel's commitment to the highest levels of customer support were verified in a recent study by Customer Respect, an international research and consulting firm who analyzes more than 2,000 corporate Web sites and focuses on how corporations treat their customers online. It assigns a Customer Respect Index, (GRIT"') rating to each company. CenturyTel improved from No. 4 in the last survey to No. 2, earned a rating of 8.0 (out of 10 possible points), compared to the industry average of 6.7. CenturyTel also received distinction as achieving the highest score in the Principles category at 8.1..The CRI is an independent measure of a customer's online experience when interacting with companies via the Internet. Scores of 8.0 and above are considered excellent. "Our. Excellent rating reflects our commitment to serving our customers," said .Glen F. Post, III, CenturyTel chairman and CEO. "CenturyTel. is built upon certain principles that form the foundation of our company. These principles guide our actions in all matters." SkyPilot Networks World-Class Mesh Systems SkyPilot Networks is the leading provider of carrier-class wireless mesh solutions that enable service providers, municipalities,. and public safety agencies to rapidly deploy cost-effective broadband access, voice over IP, public and private Wi-Fi access, video surveillance, and other wireless applications. The SkyPilot solution utilizes a.patent-pending synchronous mesh architecture with high-speed switched directional antenna arrays that extends reach, mitigates interference, and maximizes spectral reuse. The result is a highly scalable, reliable, and deterministic mesh network that simplifies design, increases deployment flexibility, and dramatically reduces equipment and CenturyTel, Inc. P: 318.888.9000 PO Box 3840 8 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com CENTCIR TTY EL Personal touch advanced communications ~~ operating costs. SkyPilot has proven scalability and reliability with over 200 customers in more than 40 countries. SkyPilot is a principal member of the WiMAX ForumT^^ and a privately held company based in Santa Clara, California. This innovative new architecture blends two significant wireless innovations into a single solution. By coupling an Advanced Antenna Array with a Synchronous Mesh Protocol, SkyPilot effectively solved the most serious RF issues facing broadband wireless deployments. The array of high-gain, high-power, sectorized antenna enabled a unique combination of extended reach, high modulation, and 360° coverage. Furthermore, this antenna array allowed a sophisticated protocol to provide bandwidth scheduling and intelligent routing in a way that provided significant benefits for both RF management and mesh networking. SkyPilot was recently named the leader in Technical Versatility among Wi-Fi mesh vendors by Yankee Group. In its February 2006 report titled Myths and Realities of Wi-Fi Mesh Networking, Yankee Group places SkyPilot in the technology leadership position ahead of all other mesh networking vendors, including Tropos, Cisco, Motorola, Nortel, Strix, and BelAir. Aperto Networks WiMAX Fixed Wireless Aperto Networks develops and delivers the world's most advanced WiMAX broadband wireless products for service providers. Aperto serves more than 200 carrier customers in 65 countries, and has an installed base of hundreds of thousands of units worldwide. Aperto's wide range of base stations, subscriber units, and related equipment enables carriers to offer profitable broadband wireless services in diverse markets via IP-rich, point-to-point and point- to-multipoint networks that are easy to deploy and grow. Aperto's carrier-class WiMAX and pre- WiMAX solutions provide industry-leading subscriber density, quality of service, manageability, and reliability. Demonstrating a strong commitment to industry standards, Aperto is a founding board member of the WiMAX Forum and chair of the Forum's Service Provider Working Group. The company is also a founder and lead contributor to the IEEE 802.16-2004 and ETSI-BRAN industry standards, and is currently playing a key role in the evolution of the IEEE 802.16-2005 standard. DragonWave Carrier-Grade Wireless Backhaul DragonWave Inc. is a next generation wireless equipment vendor focusing on the evolution of Broadband Wireless networks to provide high capacity IP based services. DragonWave is the leader in equipment that is designed to meet the network requirements of Ethernet backhaul for both Broadband Wireless Access equipment such as WiMAX as well as 3G and 4G cellular networks. DragonWave's AirPair product is a point-to-point Ethernet radio operating in both licensed and unlicensed spectrum which supports ring and mesh architectures for carrier grade delivery of next generation triple play IP services. Our products are differentiated in meeting the backhaul demands of fixed, nomadic and mobile applications as well as delivering a value proposition that enables operators and service providers an "invest as you grow" capability that leverages profitable growth. DragonWave has developed significant intellectual property portfolio, which we continue to grow and protect. CenturyTel, Inc. P: 318.888.9000 PO Box 3840 9 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com / ^ v CEnrr~TEL personal touch ;~ advanced communications DragonWave has a growing network of distributor and reseller partners globally. DragonWave's corporate headquarters are located Ottawa, Ontario, with 6 European and North American Sales Offices. DragonWave has been widely deployed since 2001, with over 100 customers and 300 networks deployed in over 20 countries. Customers include Wireline and Wireless carriers, Municipal/ Education/ Health networks, Utilities and WISPS. All are assured the highest level of excellence in product design, product quality, and overall customer services. Since its founding in 2000, DragonWave has achieved customer recognition for quality, innovation, and technical advances in delivering wireless point-to-point networks for the transport of data, voice and video communication systems. With 14 patents, DragonWave has developed significant intellectual property, which they continue to grow and protect. Aspen Wireless Technologies Network Engineering Aspen Wireless Technologies (AWT) provides highly specialized, business and technology-neutral consulting for the Wireless Broadband and WiMAX industries. Our expertise. with voice, video, data, and mobility in license-exempt spectrum provides our customers with rock-solid network performance. Aspen Wireless Technologies has created unique methodologies that new and existing operators can benefit from by leveraging years of experience, refined methodologies, and advanced technology brought to the table by our team. Awell-engineered, well-deployed system means less churn and more happy paying subscribers on the network. Without the distraction of making the network function, the network operator can focus on gaining more customers by providing reliable high quality services. AWT has consulted several hundred Wireless Internet Service Providers (WISPS) in selecting the right technologies for their needs. Partner vendors supply the WISP clients with fair pricing and . timely delivery of products necessary fora successful deployment. Intimacy with this industry and our hands-on experience offer an unmatched level of expertise that cannot be found anywhere else. AWT's experience includes over several hundred WISPS, hundreds of backhaul links, and are certified with a majority of wireless manufacturers. Experience as pioneers of .802.11 technology and unlicensed wireless data found us on the cover of the Wall Street Journal as their first article on Wi-Fi and this industry. Through hard work and dedication Aspen Wireless Technologies had the opportunity to engineer a nationwide fiber to wireless company covering 38 states from over 17,000 miles of gigabit fiber optics. AWT's most recent accomplishments include ongoing homeland security projects, including the 2004 Presidential inauguration. Airpath Metropolitan OSS and Clearinghouse Airpath's carrier-class Operational Support System (OSS), roaming and clearing hosted platforms enable service and network providers with a solution to provision, deploy and manage their wireless networks and roaming activities. An Airpath powered network offers seamless, global access to wireless broadband services across disparate networks. In addition to simplified hot spot and metro zone set-up and management, Airpath facilitates the only true neutral host network management platform in the industry. Airpath's customers are service and network providers that deploy and operate large-scale CenturyTel, Inc. P: 318.888.9000 PO Box 3840 10 F: 970.328:2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * httpJ/centurytel:com CENTU FL personal touch ~~ advanced communications ~~ Wi-Fi networks. Airpath's growing customer base includes more than 600 providers operating in more than 23 countries. Airpath's RoamBOSS Metro combines the power of both our platforms, and facilitates the only true neutral host network management platform in the industry. RoamBOSS Metro is a metro-class OSS with carrier-class roaming and clearinghouse capabilities. By combining the power of Airpath's WiBOSS subscriber and network management capabilities with the roaming and interconnect engine of Airpath's InterRoam hosted platform, metros now have a neutral host platform on which to easily deliver wireless broadband access to residents, ad-hoc users, city employees, and transient roamers throughout their areas. Our Robust, Carrier-Grade Wireless Broadband Network CenturyTel will leverage the best technological solutions available in the industry. This includes the use of the SkyPilot dual-band mesh nodes -the world's most powerful 802.11b/g device in the market, offering unprecedented scalability and network self-healing as reported recently by the Yankee Group (attached). This has been coupled with carrier-grade back-haul radio technology by Dragonwave, operating in the licensed spectrum bands to provide 99.999% reliability with 100Mbps full-duplex connectivity between the CenturyTel Gigabit Ethernet and Town of Vail's fiber infrastructure. The core network technology components such as routers, and authentication devices were chosen to provide failover capability between multiple providers, as well as providing leading security and real time network awareness, assisting in failures and logical network destruction such as; viruses, SPAM, service abuse, DoS attacks, etc. Backhaul of network traffic will be handled by both wireline fiber and wireless Backhaul technologies within the network. CenturyTel's Improvement on Typical Mesh Networks CenturyTel in working with its technology partners, have improved upon the typical mesh network topology, successfully addressing the usual concerns of; poor coverage indoors, inconsistent signal, roaming issues, security and network capacity. Mesh network enhancements include: ^ Deployment of over 20 Wi-FI mesh nodes per square mile ^ The use of 5 GHz wireless mesh Backhaul between nodes ^ GigE fiber optic Backhaul at every gateway node ^ Installation of powerful 400mW 802.11 b/g Wi-Fi Access Points ^ Use ofindustry-leading radios with -98dBm receive sensitivity Premium Service Levels In order to meet the requirements set forth in the Vail wireless RFP, CenturyTel has designed the network to support the following premium wireless services; ^ Free access network available across the entire coverage area ^ Secure network segment for municipal employees and personnel ^ Residential Premium - 1 Mbps bandwidth ^ Residential Premium - 3Mbps bandwidth ^ Business Roaming - 3Mbps bandwidth ^ Business Standard - l OMbps Ethernet bandwidth CenturyTel, Inc. P: 318.888.9000 PO Box 3840 11 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * httpJ/centurytel.com CENTU ~L Personal touch ~~>. advanced communications ~. ^ Business Premium - 100Mbps Ethernet bandwidth ^ Premium Service subscription plans available daily, weekly, or monthly ^ Wholesale private-label for qualified competitive entities ^ Dedicated physical Public Safety only network for emergency personnel User Experience The network has been engineered in full interoperability with both 802.11 b and g specifications, allowing for the broadest range of Wi-Fi CPE devices. The captive portal will provide users of the network instant access to local happenings, forecast, and news, as well as special events and other local services. Community organizations, government, and local businesses will be offered various programs to advertise and promote products and services. This includes affordable advertising programs for small businesses for whom traditional advertising may be to expensive. Conclusion CenturyTel is appreciative of the Town of Vail's Request for Proposal, and welcomes the opportunity to work closely with the town for deployment and marketing of this network. This proposal provides various options for the town to consider, along with the inherent comfort that a well funded, stable, professional and highly qualified organization is dedicated to the success of this initiative, and has taken the following measures: ^ Private CenturyTel funded network buildout and ongoing maintenance, thus negating any concerns over public-private partnerships. ^ CenturyTel as a Local Exchange Carrier (LEC) is the only true Internet and communications alternative in the valley. ^ CenturyTel will provide the realization of a world-class Carrier-Grade network deployment built on best-of-breed technology, engineered by years of experience. ^ The only network topology to provide the fastest Premium Service packages between l OMbps and l OOMbps across the mesh network and fixed wireless access (WiMAX). ^ Advantageous use of the excitement surrounding Municipal Wi-Fi networks to assist in promoting the Town of Vail's Billion Dollar Renewal both locally and nationwide. ^ Fostering the economic and social impact of the Internet for Vail's residents and businesses. CenturyTel, Inc. P: 318.888.9000 PO Box 3840 12 F: 970.328.2517 Eagle,.Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * •, http://centurytel.com CENTU YR EL ~~ personal touch ~:~ advanced communications Our Unique Approach The following is a breakdown of the unique advantages received by the Town of Vail, by selecting CenturyTel and its powerful alliance partners. The Town and it's constituents can be assured that the advantages below are clearly the best bet for making the most out of the Town's efforts. Business Planning CenturyTel understands that a well thought out plan is a successful one. We have done basic and extended financial modeling in determining if the Town of Vail opportunity is profitable and at what level. These documents were escalated internally to the highest management level with a request seeking capitalization, and stand approved if CenturyTel is awarded the RFP. The desire for basic free access, a wholesale ISP program, and premium service packages for the defined coverage area met and exceeded the requirements by CenturyTel. Service Packages include: Cost Speed Term Portal ,Email Secure 'Free •. =' 0 ~300~ Kbps ' 1 Mr ,~ ~` Y ,::~ N Y z Residential $24.99 " 1 Mbps =` Dy/Wk/Mo: - N '' Y-'_- -Y SOHO . _ $34.99 3 Mbps __. JDyM/k/Mo ; ; N ::~ Y ~" ' Y Biz Stl * -°$499. ?O Mbpsr .'.''Monthly ;::. ,N ";. `f Y. Y'-: Biz "+ * ~ ' ~ =.'- $3000 ~,:-1.QONIbps - Monthly N -° Y .:~ Y~.: - Municipal . : - 0 ~~ 3 Mbps. -~ 8 Yrs ` N _ ~ .N . ~j~- Y Safety _ ~ $40k ~ 54 Mbps n/a ~ ~ N .. ~ :N ~ .: Y , •. * denotes additional internal pricing and SLA discussions By providing this network, CenturyTel is spurring economic growth in the Vail valley. This broadband access provides an incentive for regional and small businesses to open Vail offices, and ensure that Vail is the #1 place for mobile productivity along Interstate 70. This network also represents an alternative to local incumbents who currently dominate the Town of Vail's Internet and phone access. The presence of CenturyTel represents a strong and prominent enhancement to the competitive environment. Vail will have Metropolitan "Tier 1"access to Internet and transport access, expanding the economic growth potential statewide, as well as lowering the bottom-line cost to those living in the valley. CenturyTel has met or exceeded this RFP requirement. Network Engineering CenturyTel, along with Aspen Wireless Technologies will provide network and wireless system engineering for all locations. This includes such items as path analysis, coverage maps, best-of-breed technology selection, wireless system engineering, channel planning, bandwidth transport, network security, roaming, and other such network-related issues and services. CenturyTel, Inc. P: 318.888.9000 PO Box 3840 13 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com CENTU YR EL personal touch ~~ advanced communications ~'~ CenturyTel will light a minimum of 100Mbps Full-Duplex (F/D) transport to Vail, and bring it into the town's core via ultra-reliable (99.999%) licensed backhaul radios. These radios will be deployed initially at 100Mbps F/D, but are software upgradeable to 200Mbps and stackable to over 400Mbps. At Dowd )unction, CenturyTel will install a WiMAX base station for rural and valley-wide connectivity, a 4.9GHz Public Safety Mesh Gateway, and a 5.8GHz Mesh Gateway to provide redundancy-failover as well as residential fixed wireless service. Once the backhaul radios touch the Municipal building, CenturyTel will install five optical routers to connect to-the town's existing fiber ring. This fiber access will provide near- unlimited capacity optical connections to 4 additional Gateway (feeder) nodes. These feeder nodes will be capable of backhauling traffic between each other, as well as failing over to the intermediate gateway on the mountain. This provides an end-to-end backbone infrastructure that lights the village's core sections with greater than 99.999% reliability. Only SkyPilot's mesh backbone system allows for transmission to be focused to a single sector (direction) on aper-packet, per transmission basis. This is a physically dynamic capability of the SkyPilot system that others with sectored mesh systems lack. Dynamic real-time adaptation of the network allows for true network failover and constant network improvement. SkyPilot has also integrated GPS-synchronized time-division traffic scheduling allowing simultaneous data transmissions, negating interference and providing immense advantage over backoff algorithms like CSMA/CA -typically found in 802.11. The Wi-Fi (802.11Li/g) component is supplied by integrated high-power radios built into the Skypilot Extender (repeater) nodes. These nodes receive a high capacity 54Mbps signal from the Gateway nodes, providing network capacity for both that radio, as well as additional Extender nodes in the vicinity that may not have reliable access to a Gateway. This 5.8GHz inter-mesh backbone system will handle the greatest potential saturation, and provide support for advanced Internet applications such as Voice and Video over IP. The Wi-Fi is standards-based and fully compliant with 802.11 b and g protocols, thus ensuring the greatest level of interoperability for Customer Premise Equipment (CPE) choices. The Access Point radios features the industry's highest transmit power of 400mW (26dBm), while addressing receiver sensitivity concerns with an astonishing -98dBm threshold. Both of these unique features ensure a greater likelihood of access on the 2nd story and higher, as well as providing phenomenal street-level penetration. By deploying a significantly higher quantity of mesh nodes, and precisely calculating their optimal placement, we ensure not only quality signal, but also an .interference-free experience in all areas of Vail. SkyPilot technology includes interference mitigation techniques for both Backbone and Access sides of the network. The signal levels we have mapped show the ability to connect to the network at full-speed (54Mbps G, l llvtbps B) nearly anywhere in the Village -this guarantees the service speeds provided will be met. All network facilities and installations will conform to the following requisites (where applicable): ^ Support mounting for City and private structures • Compliance with IP56 and NEMA4 • Temperature rating of -40° C to +50° C CenturyTel, Inc. P: 318.888:9000 PO Box 3840 14 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com CENTURYTEL personal touch Imo. advanced communications ~~~ ^ Solar and/or battery backup for up to 8 hours ^ Support windload specifications per City Code ^ Lightning and surge protection on network and power connections The SkyPilot network includes intelligence and standards-based integration.,for security, authentication, encryption, and network segmentation. These features are enhanced and further strengthened with the WaVE-NOC (Wireless and Virtual Entity Network Operation Center) providing unique features such as: ^ Roaming Clearinghouse ^ Token Authentication ^ Username and Password Authentication ^ Network Directory Services • Central Storage of Authentication Credentials ^ Intrusion Detection ^ Stateful Packet Inspection ^ Virus Quarantine ^ Blacklisting (spammers, DoS attacks, network abuse, user fraud) The combination of the WaVE-NOC and the SkyPilot system fulfills the following requisites: ^ TCP/IP • Multiple E$SID ^ Suppressed (Hidden) ESSID ^ Network Peering Points (roaming) ^ Network Upstream Redundancy / Failover (Fault Tolerance and Mitigation) • MAC Address Filtering ^ Security and Authentication (WEP64/128, WPA, RADIUS, EAP, AES, TKIP, 802.1x, VPN) ^ Encrypted Network Management Data (ie. SNMP v3) ^ Secure Configuration (HTTPS, SSH, etc) ^ Network Segmentation (Logical, Domains) - 1:1 SSID to VLAN Mapping ^ Authentication and Encryption per Domain ^ Scalabiliry and Modularity to Support Future User and Usage Types CenturyTel will provide end-to-end security and network segmentation for the virtual municipal network. These users will also be forced to authenticate over the virtual private LAN against the server, where additional security measures may be implemented, in addition to supporting VPN passthrough. All network facilities deployed for the wireless network will be equipped with Out-of-Band (006) management capabilities. OOB allows the NSC personnel access to the location virtually, despite a network failure, to take active measures to regain system operation. This also allows us to notify users of the network of -outages. Core wireless network locations will be equipped with: ^ Secure Serial Console Servers ^ Intelligent Remote Reboot Devices ^ Environmental Monitoring ^ Preventive Failure Monitoring ^ Security Monitoring and Intrusion Capture CenturyTel, Inc. P: 318.888.9000 PO Box 3840 15 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com ~_~ CEIVT~URY~EL Personal touch . advanced communications Network Financing CenturyTel has committed to fund the Town of Vail wireless project internally, a cost . approximated at over $700,000.00. Additionally, CenturyTel will bear the cost of maintenance over the term of the contract (8 years), at an estimated cost of over $260,000.00. By investing over $1 Million into this network, CenturyTel reaffirms its commitment to marketing and driving subscriptions to the Vail Wireless Network. Recently, CenturyTel approved a stock buyback program valued at $1 Billion, which reaffirms that we have the financial resources and business awareness to ensure this is a prudent investment, and one that will not materially affect our balance sheet. CenturyTel is committed to the long haul for this project and the Town of Vail. Cashless Exchange CenturyTel, in bearing the cost of the network, its installation, and ongoing maintenance, will receive rights to Town-owned assets used for the network deployment on a long-term exclusive lease or contract basis from the Town of Vail. Network Upgrade Options CenturyTel has engineered a network capable of more than providing the services described within this RFP. The city has two offers for upgrade options for the network, which will not be included under CenturyTel's network capital investment: 1) Upgrade the entire -Mesh system to include a dedicated 4.9GHz Public Safety wireless access option. This provides the city's first-responders emergency access on an uninterrupted basis during any public safety event, for communications and Disaster Recovery. The passthrough cost to upgrade all nodes will be $39,700 and must be elected prior to equipment procurement. CenturyTel has provided incentive to the Town to accept this upgrade by deploying 4.9GHz-enhanced Gateways node at Dowd )unction. 2) Replace or add redundancy to the current DS-3 (9Mbps) Internet connection purchased by the Town of Vail for it's Municipal Internet access. CenturyTel can provide Ethernet transport as well as Internet access at speeds up to 100Mbps to the Town of Vail, via it's robust backhaul network being deployed as part of this proposal. The cost of this service would be dependent upon the need of the Town, however, will be offered at "most-favored" rates. Growth Return CenturyTel will provide a growth return for the Town of Vail on Premium Services purchased through CenturyTel by end-users. CenturyTel will pay the Town 5% of all Premium Service revenues collected on a quarterly basis for the life of the contract to provide branded, permanent signage (to code) in select public city locations to increase awareness about the network and assist users in connecting to the wireless network. Systems Implementation ~;: A critical point in deploying a successful wireless broadband system is the professional implementation of the engineered system. CenturyTel has the methodologies and experience to address this important issue. It is necessary to plan and engineer in order to CenturyTel, Inc. P: 318.888.9000 PO Box'3840 16 F: 970.328.2517 ' Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com CENTI,I E~. personal touch ~~ advanced communications ~~ ensure a robust, professional, and expedient network deployment -vital to a smooth path to long-term success. CenturyTel will use internal labor for a majority of the network deployment. Equipped with the tools, trucks, experience, and appropriate insurance and bonding these technicians will ensure a skilled and professional installation. Additional resources will be provided by; Aspen Wireless Technologies, and a local radio communications company and electrical contractor yet to be determined. CenturyTel will provide project management, configuration (staging), and integration services between the vendors, town, and CenturyTel. Partner companies involved in this proposal have committed resources for both on-site and remote assistance for integration, configuration and turn-up of the network. Marketing Strategy A professional system needs a professional service provider behind it. CenturyTel is prepared to engage in local marketing efforts to promote the system to Vail's residents and businesses, as well as supporting the Town's marketing of not only the wireless network, but the "Billion Dollar. Renewal" too. CenturyTel has the experience and resources to effectively gain visualization in the Vail market. Our pricing plans, service portrayal, look and feel, and other brand-identification will ensure a rapid gain in market share. CenturyTel will provide branded, permanent signage (to code) in select public city locations to increase awareness about the network and assist users in connecting to the wireless network. CenturyTel is eager for the opportunity to become a wireless provider for the Town and it's residents, and will commit substantial resources to bring on subscribership to the network. Network Monitoring The WaVE-NOC, or "Wireless and Virtual Entity Network Operations Center" provides local, world-class monitoring of our remote networks. Working as a centralized command console for monitoring and configuring core network components, the WaVE-NOC will run through a unique troubleshooting and diagnostic cycle before contacting the network management about problems or outages. Access to the network devices can be achieved from a secure web browser, a JAVA client, or secure command line-based (CLI) access like SSH for write access and modification. There is support to allow the ability to set different levels of secure access within their organization. The WaVE-NOC is linked in real-time across the fiber optic network to the Network Support Centers (NSC) in Monroe LA, Hardy AR, and Wentzville MO where trained staff analyze the network health regularly, and respond to network troubles and outages. These NSC facilities are staffed 24/7/365 and provide world-class monitoring, troubleshooting and service provisioning for all of CenturyTel's voice and Internet networks nationwide. More detail on the NSC facilities and capabilities has been included in the Statement of Qualifications attached to this proposal. Managed Hosting Offering email, webmail, and additional services such as SPAM filters, virus protection, etc provides the consumer a familiar option through these "common" services. CenturyTel provides the personnel, infrastructure, and maintenance of these managed hosting services in-house. We commit to keep customers happy with these reliable services as an amenity to the wireless broadband service. CenturyTel, Inc. P: 318.888.9000 PO Box 3840 17 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com i / l CENT~~YYEL personal touch ~ advanced communications Customer Provisioning Any currently available wireless product solution works with our customer auto- provisioning system. This system drastically reduces the installation time (if applicable) and configuration issues at the customer location, even allowing the customer aself-installable option. Many portions of the provisioning system work with various wireless hardware solutions thus allowing existing operators the ability to easily leverage this service. All connections are "zero-config" and require no intervention by the installer or user, and even allow them to login and pass traffic if their settings are incorrect. Customer Billing Accounting and billing of the customer is all done through the WaVE-NOC and SkyPilot auto-provisioning system. When installation is complete the user will be instructed to open their browser, which will then redirect them to a secure 128-bit SSL private labeled billing portal. Information about the customer is entered here, the service package is selected, additional features and content are entered, and their preferred method of payment (i.e. credit card, electronic check) is entered. The information is securely sent~for approval and are simply emailed the receipt. User Experience Users on the network will have a custom experience depending on the service provider through which they are accessing the system. This can include a user definable portal page, or even corporate look and feel for enterprise customers who want to keep the company feel for employees on the go. Private branding and captive portal offers the ability to build strong brand recognition, create advertising revenue, and form strategic marketing alliances locally or globally. Authentication and Security When the account is activated the user chooses a login and password. This password is used to authenticate and secure the client, as well as allow them use of the roaming network. The login links the user to their service package including speed, captive portal style, and other provider and user-defined attributes. The WaVE-NOC takes steps in securing their transmitted data and keeping their shared data safe. The authentication also provides zero-configuration for customers, which is agnostic to their network settings, and does not allow other people to access the system with the same login; thus preventing fraud. Wi-Fi Roaming Because the technologies utilized are all standards-based, we allow users the flexibility to take their broadband connection anywhere. Home users can take their laptops and login into town and surf; users can go to hotspots nationwide and to other Wi-Fi hotspot locations supported by our roaming affiliates. This provides immense flexibility for the operator and their clients, as well as providing an additional revenue stream from roaming affiliate Wi-Fi users surfing on their system. Our current alliances are through Airpath and others if desired, which compose of hundreds of~thousands of hotspots worldwide. CenturyTel, Inc. P: 318.888.9000 . PO Box 3840 18 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com CENTURYTFL Personal touch ~~ advanced communications L,_..~~ System Support Our network support teams provide 24/7/365 remote management of the network, which ensures a timely and expert resolution of problems or issues that may occur. In the event of such an occurrence, our NSC is notified with detailed information from the WaVE-NOC, and the NSC team quickly reacts to analyze and address the issue. Our local technical staff will also be notified via pager, SMS, and email based upon pre-defined escalation guidelines. Customer Support CenturyTel provides call center support for Town of Vail wireless customers based upon pre-defined escalation procedures. Custom support services and procedures are available wholesale partners who may require special or unique support methods for services they provide to their customers. VoIP Telephony CenturyTel is researching the ability to offer Internet Telephony service to residential and commercial customers for their broadband networks. VoIP strengthens the consumer's drive to accept wireless broadband service, additionally fueled by a desire for an alternative. CenturyTel, Inc. P: 318.888.9000 PO Box 3840 19 F: 970.328.2517 Eagle, Colorado 81631 * CONFIDENTIAL AND PROPRIETARY * http://centurytel.com RESOLUTION NO. 10 Series of 2006 A RESOLUTION APPROVING THE FRONT DOOR DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND THE VAIL CORPORATION, D!B/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN RELATION TO THE FRONT DOOR DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES AND AFFILIATES WHEREAS, the Town, acting through its applicable departments and agencies, including the Planning and Environmental Commission and Design Review Board, has previously approved a development plan and design criteria proposed by Vail Associates for the intended development of the "Front Door" mixed-use real estate development project (the "Project"), the site of which is located in the Town of Vail to the south of the Lodge at Vail and the southerly end of Bridge Street and which borders andlor subsumes the Vista Bahn ski yard on the site's east side (the "Front Door Site"); and WHEREAS, the Town, ~ acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Associates, on its own behalf and on behalf of its applicable affiliates as the owners of the Front Door Site, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project, and the respective rights and responsibilities of the Town and Vail Associates in connection with those matters; and WHEREAS, the Town Council's approval and authorization of the Agreement, and making of the Agreement, will serve to satisfy certain conditions established by the Planning and Environmental Commission as part of its approval of the development plan for the Project; and WHEREAS, the approval of the Agreement is necessary and proper for the health, safety and welfare of the Town and its inhabitants; and WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such Resolution No. 10, Series 2006 terms and provisions as the Town Manager, after consultation with the Town Attorney, considers to be necessary or appropriate in furtherance of this Resolution. Section 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ, APPROVED AND ADOPTED this 6~' day of. June, 2006. ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail Resolution No. 10, Series 2006 Rodney Slifer, Mayor, Town of Vail 2 TOWN OF VAIL REVENUE HIGHLIGHTS May 31, 2006 Sales Tax Sales tax collections continued at a record pace overall with January through April estimated collections of $9.2 million up 9.5% from last year. The month of April is estimated at $1.2 million, up 34.9 % from last year reflecting a late Easter and a late end to the ski season on April 23. April 2006 was up 11.5% when compared with April 1998, which was the previous high and included an April 12tH Easter. Meanwhile, the consumer price index is 3.5% higher than Apri12005. The 2005/2006 ski season is expected to be up 9.4% from the prior ski season, reflecting good snow and a longer than average season. Ski Lift Tax Ski lift tax revenue of $2.3 million through April is up 9.7% from last year and 2005/2006 ski season revenue of $2.9 million is up 13.1% from the prior ski season. Parking Year-to-date parking revenue of $2.7 million is up 5.9% from the same point in time last year. For the ski season (November 2005 through April 2006), parking revenue of $3.7 million is up 9.1% from the 2004/2005 season: Construction Permit Fee Revenue Construction permit volume is also significantly higher than last year with construction permit fee revenue of $577,203 through May 30, 2006 compared with $376,736 for the same period last year. This year's revenue includes $373,916 (65% of the total) from six large redevelopment projects -Front Door (The Lodge at Vail), Gore Creek Place, Sonnenalp, Vail Plaza Hotel, and Westhaven Condos. Major redevelopment projects accounted for $164,235 (44% of total) at this time last year. Construction permit fees include building, electrical, mechanical, plumbing, and sprinkler permits. Real Estate Transfer Tax (RETT) RETT collections of $2.1 million through May 30, 2006 are essentially flat with last year. Last year's collections included tax on.three large projects: the Chateau; Vail Mountain Lodge timeshares; and the majority of Founders' Park Garage. No large redevelopment projects are included in this year's transactions. 060606 Revenue Highlights - 1 - p(,.pCo.d(o ivS need for three-dimensional platting in one or more circumstances in order to establish the Project components as discrete, severable property interests, transferable independently of one another. In furtherance thereof, the Town agrees that the applicable portions of the Property may be platted from time to time using athree-dimensional methodology. Following any three- dimensional subdivision plat that may precede the construction of pertinent improvements, Vail Associates will be permitted, as necessary for purposes of conforming the plat's horizontal and vertical boundaries and dimensions to the "as built" configuration of the improvements, to modify the plat by resort to the Town's administrative plat correction procedures under § 13-13- 1, et she ,., of the Town Code, or any Town Code provision hereafter adopted in lieu thereof. 5. ~ecial Events. (a) Subject to applicable restrictions of record, Vail Associates agrees to make the proposed Vista Bahr ski yard, which is planned as part of the Front Door Project and is depicted on Exhibit E hereto (the "Ski Yard"), available for community events, activities and other public uses, including, without limitation, special events sanctioned and contracted by the Town pursuant to Title 3, Chapter 6 of the Town Code ("Ski Yard Events"). The Town agrees that Ski Yard Events shall be materially consistent with historical standards and practices prevailing in the Vail Village community for .recreational and entertainment uses, as those standards and practices may evolve over time, and before licensing or contracting for Ski Yard Events, the Town's Commission on Special Events ("CSE") shall reasonably consult ,with Vail Associates in furtherance of assuring compliance with this standard. The Town shall bear sole responsibility for any claims made that any Ski Yard Events cause a violation of third-party property rights or interests which are associated with any real property located outside of the Property, and to the extent permitted by law, the Town will hold Vail Associates harmless and reimburse Vail Associates for any liability, loss, cost or expense, including attorneys' fees, that Vail Associates may incur in connection with any such claim. In addition; Ski Yard Events ~~ held during periods outside of the Vail Mountain ski season will be subject to Vail Associates' prior approval ~^~ *~~° *^ *~m° based on scheduling availability of the Ski Yard, as determined by Vail Associates in the ordinary course of business; anv Ski Yard Events to be held during the Vail Mountain ski season will be subiect to Vail Associates' prior annroval. ich may be withheld by Vail Associates in the exercise of its ordinary business iud~ment. Notwithstanding any other provisions of this Agreement that may indicate to the contrary, successors to Vail Associates in the ownership of portions of the Front Door Project outside of the Ski Yard will have no rights to object to the conduct of the Ski Yard Events pursuant to this paragraph 5, and will not be beneficiaries of or be entitled to exercise the rights of the Ski Yard owner under this paragraph 5. (b) Vail Associates in its discretion may require that any party conducting a Ski Yard Event (a "Ski Yard User") (i) provide general commercial or other liability insurance naming Vail Associates and its designees as additional insureds, contractual releases and indemnities of Vail Associates and- its designees, clean-up and/or damage deposits, and reimbursement of direct costs incurred by Vail Associates or its affiliates in connection with any Ski Yard Event, and (ii) adhere to use limitations and regulations (including security measures) that Vail Associates, without obligation to do so, may impose in its ordinary business judgment to prevent any public or private nuisance or protect persons, property and business interests, or in furtherance of any other bona fide purpose. As a part of the re-development of the Ski Yard, and 680793.RED RCFISH 06/6/06 11:30 AM 8