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HomeMy WebLinkAbout2006-08-01 Support Documentation Town Council Evening Session PART 1 OF 3TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M., TUESDAY, AUGUST i, 2006 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEMROPIC: Citizen Participation. (10 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 07.11.06 and 07.18.06 Minutes. 3. Matt Mire ITEM/TOPIC: Discussion regarding amendments to the Town of Vail Wildlife Protection regulations. (45 min.) ACTION REQUESTED OF COUNCIL: Review the staff memorandum contained in the packet and discuss possible amendments to the Town of Vail Wildlife Protection regulations to more effectively further the purpose of the Wildlife Protection Chapter of the Vail Town Code. BACKGROUND RATIONALE: In August of 2002, and in response to a dramatic increase human-bear conflicts, the Vail Town Council adopted Ordinance No. 19, Series 2002, which amended the Vail Town. Code to include a Chapter regarding the Wildlife Protection. The stated purpose of the Wildlife Protection chapter was to "protect and maintain wildlife in the Town of Vail and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife." On July 11, 2006, and based upon the testimony from town staff and Bill Andree of the Colorado Department of Wildlife, regarding the effectiveness of the 2002 ordinance, the Council directed staff to prepare an agenda item for the Council's consideration of amendments to the Wildlife Protection Chapter which would more effectively serve the purpose set forth above. On July 18, 2006, the Council passed an emergency measure which removed the requirements for warnings to first time offenders from the current Wildlife Protection regulations and also eliminated maximum fine amounts, Accordingly, first time offenders of the current Wildlife Protection regulations are now subject to the General Penalty provision of the code (up to $999 in fines and incarceration of up to 180 days, 1 or both), STAFF RECOMMENDATION: See memorandum for staff recommendations. 4. Russ Forrest ITEM/TOPIC: LionsHead Parking Structure Request For Proposals (RFP}. (30 min.) ACTION REQUESTED OF COUNCIL: Provide direction to staff on whether to extend an invitation to either of the competing developers to submit proposal and provide direction on next steps. BACKGROUND: The afternoon work session with the Vail Town Council and two members of the PEC and two members of the DRB is intended to provide an opportunity to interview the two competing developers that have responded to the LionsHead RFP. Those two developers include: East West Partners, and Open Hospitality Partners & Hillwood Capital Partnership At the evening meeting staff is requesting that the Town Council receive public input on the LionsHead RFP and then provide direction to staff on whether to invite the above mentioned developers to submit proposals to the Town based on the process and schedule provided in the staff memorandum. Council is also requested to provide input on any changes or modifications they would like to see in the proposed process provided in the staff memorandum. 5. Bill Gibson ITEM/TOPIC: An appeal of the Town of Vail Planning and Environmental Commission's approval, with conditions, 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 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) (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, 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 Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail LionsHead Filing 3, and setting forth details in regard thereto. BACKGROUND RATIONALE: On June 26, 2006, the Planning and Environmental Commission's approved, with conditions, a final review of a major exterior alteration, pursuant to Section 12- 7H-7, Major Exterior Alterations or Modifications, Vail Town Code, 2 to allow for the renovation of the Lion Square Lodge North, located at 660 West LionsHead Place/Lot 8, Block 1, Vail LionsHead Filing 3, and setting forth details in regard thereto. The Vail Town Council "called-up" this Planning and Environmental Commission action at its July 11, 2006, hearing. Additionally, the Montaneros Condominium Association, Inc. has also filed an appeal of this Planning and Environmental Commission action. Please refer to the staff memorandum to the Planning and Environmental Commission dated June 26, 2006, for additional information. 6. Matt Mire ITEM/TOPIC: Crossroads/Solaris request for assistance in eliminating certain restrictive covenants of Vail Village First Filing, which may likely prohibit the `public amenities' as approved by the Town as part of Special Development District No. 39, Crossroads. (10 min.) ACTION REQUESTED OF COUNCIL: Discuss the request set forth in the correspondence included in your packet to the Town Attorney, dated July 17, 2006, from Reed F. Welly, Esq., regarding the Town's assistance in eliminating the above- referenced restrictive covenants, and provide staff direction on next steps. BACKGROUND RATIONALE: Certain restrictive covenants of Vail Village First Filing may prohibit the public amenities as approved for the Crossroads/Solaris redevelopment, also known as Special Development District 39. Accordingly, the developer has requested the Town's assistance, along with the assistance of the Vai( Reinvestment Authority, to eliminate the subject restrictive covenants. STAFF RECOMMENDATION: Direct, via motion, the Director of Community Development to start the process, as requested, by commissioning the appropriate study of the subject area and taking any additional steps, including the preparation of an urban renewal plan for council approval. 7. Tom Kassmel lTEM/TOPIC: Eagle River Water and Sanitation District Easement Request. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Eagle River Water and Sanitation District's request for a Utility easement in an unplatted Town of Vail Tract. BACKGROUND RATIONALE: ERWSD is relocating an existing sanitary sewer line from an existing utility bridge to a Town of Vail owned. Tract that lies due south of the ERWSD building along W. 3 Forest Rd. The below ground installation will require a Utility Easement. STAFF RECOMMENDATION: Approve utility easement as shown with the condition that within one year of the removal of all ERWSD utilities from the existing utility bridge, the utility bridge be removed. 8. Matt Mire ITEMITOPIC: Ordinance No. 19, Series of 2006, AN EMERGENCY ORDINANCE REPEALING A MORATORIUM ON THE SUBMISSION AND PROCESSING OF BUILDING PERMITS AND LAND USE APPROVALS IN THE LIONSHEAD MIXED USE 1 AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS WHICH WOULD RESULT IN THE NET LOSS OF ACCOMMODATION UNITS, PARKING SPACES AND EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 19 Series 2006. BACKGROUND RATIONALE: On April 18, 2006 the Council adopted Ordinance No. 13, Series 2006 establishing a sixty (60) day moratorium on the submission and processing of building permits and land use approvals in LionsHead Mixed Use 1 and 2 zone districts. Said Moratorium was extended for an additional sixty days, via Ordinance No. 15, Series 2006. Because the council has now. effectuated relevant text amendments to the LionsHead Redevelopment Master Plan, via Resolution No. 4, Series 2006, the moratorium is no longer necessary. STAFF RECOMMENDATION: Approve Ordinance No. 19, Series 2006. 9. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 6, Series 2006, An ordinance repealing and reenacting Title 9, Chapter 1, Vail Town Code regarding water quality within the Town of Vail; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve second reading of Ordinance No. 6, Series 2006. BACKGROUND RATIONALE: This ordinance provides definitions and amendments to Title 9, Vail Town Code which, will further clarify prohibited acts and provide for more effective enforcement by the Town to prevent injury to the Town water supplies. STAFF RECOMMENDATION: Approve Second Reading of Ordinance No. 6 Series 2006. 4 10. Matt Gennett ITEM/TOPIC: ITEMlTOPIC: Second reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes from a maximum of 15% to a maximum of 20% but limiting site disturbance to 60% on such lots, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2006. BACKGROUND RATIONALE: On April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to the Vail Town Council, as modified by staff. On July 18, 2006, the Vail Town Council approved Ordinance No. 17, 2006, as written upon first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 17, Series of 2006, as written, 11. Tom Kassmel ITEM/TOPIC: Resolution No. 15, Series of 2006, A Resolution authorizing the Town Manager to enter into an Intergovernmental Agreement with CDOT. (10 min.) ACTION REQUESTED OF COUNCIL: Pass by Resolution to authorize the Town Manager to enter into an Intergovernmental Agreement with CDOT in order to complete the 2006 Roadway Maintenance Project Frontage Road Overlay project for the amount of $ 330,000.00. BACKGROUND RATIONALE: Council approved the Town of Vail entering into a contract with B&B Excavating for the .completion of the 2006 Roadway Maintenance Project on June 20`h of this year.. The project consisted of a maintenance asphalt overlay on portions of roads in East Vail, drainage improvements and an asphalt overlay on Arosa Dr, Davos Tr, Garmish Dr and a portion of Chamonix Ln. The work also included an asphalt overlay on the S. Frontage Rd. west of the West Vail Roundabout that was approved on the condition that the Town would enter into an IGA with CDOT for reimbursement. The project was budgeted as follows: $ 642,842.08 Capital Street Maintenance Budget $ 25,000.00 RETT-Traithead Improvements Budget ~$ 128,896.52 CDOT 5 Since that approval CDOT has been able to appropriate additional funding in the total amount of $330,000 for additional maintenance asphalt overlays on the Frontage Rds. A copy of the IGA has been submitted to the Town for approval. STAFF RECOMMENDATION: Pass by Resolution to authorize the Town Manager to enter into an Intergovernmental Agreement with CDOT in the amount of $330,000.00 for maintenance overlays of the Frontage Roads. The amount will be reimbursed to the Town by CDOT at the completion of the project. 12. ITEM/TOPIC: Town Manager's Report. (10 min.) • Possible TOV sponsorship of Copper Mountain Consolidated Metro District for membership in CIRSA. 13. ITEMlTOPIC: Adjournment. (8:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, AUGUST 15, 2006, IN 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. 6 Vail Town Council Evening Meeting Minutes Tuesday, July 11, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Kim Ruotolo Mark Gordon Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Chris Fitzgerald, a resident of the West Vail neighborhood, encouraged Council to work expeditiously regarding wildlife control enforcement. Zemler stated he had witnessed construction waste in Fitzgerald's neighborhood attracting black bears. The second item on the agenda was the Introduction of Jim Hervert from Public Works, Recipient of the Colorado Insurance Risk Sharing Agency (CIRSA) Safety Champion Award. Human Resources Director and Safety Committee Chairman John Power announced Heavy Equipment Operator Jim Hervert has received the 2005 CIRSA Safety Champion Award. The award was formally presented at the annual Colorado Municipal League conference. Mayor Slifer congratulated Hervert on his successful efforts. The third item on the agenda was the Consent Agenda a. Approval of June 6 and June 20 meeting minutes. Gordon moved to approve the minutes with Newbury seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was a Timber Ridge Financial Update. Finance Director Judy Camp asked Council to listen to a report on Timber Ridge financial issues and provide feedback to staff on the Timber Ridge Affordable Housing Corporation (TRAHC) board. The rate cap on the Timber Ridge bonds will expire on August 1, 2006. Given the recent continued acceleration in interest rates, it will be impossible to purchase a new cap at the same level as previously projected. Camp explained more units could be remediated to generate additional revenue to cover the costs of remediation and increased interest. Hitt asked about the conclusion of traffic impact studies. Zemler stated specific studies would not be undertaken as infrastructure capacity already included the development of Timber Ridge. Logan asked what the corporation's cash balance was. Camp responded at the end of April the fund balance was $161,000. Town Housing Coordinator Nina Timm clarified there are currently 144 remediated units. Logan clarified TRAHC is not in compliance with bond reserve requirements. Council agreed to allow the corporation to remediate 18 units. The funds for remediation will be released by US Bank from the replacement reserve fund. Annual payments are made by the corporation into this fund for major repairs and maintenance.' Zemler said continued due diligence would be paid to any remediation efforts. The fifth item on the agenda was the first Reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20°l0. Planner Matt Gennett reported that on April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to the Vail Town Council, as modified by staff. Gennett then asked that the item be tabled until July 18, 2006. Moffet moved to table the item with Foley seconding. The motion passed unanimously, 7-0. The sixth item on the agenda was the Second Reading of Ordinance 14, Series of 2006 (Housekeeping Ordinance). Planner Rachel Friede reported Council periodically approves housekeeping ordinances that clarify inconsistencies within specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. On June 20, 2006, Council approved Ordinance 14, Series of 2006, with the modification of deleting the proposed text amendment to Section 12-8C-3, Conditional Uses that would have allowed for ski lifts as a conditional use within the Natural Area Preservation District (NAPD). Moffet moved to approve the ordinance with Hitt seconding. Jay Peterson, representing Vail Resorts, asked for ski lifts to be added as a conditional use within the NAPD. Moffet asked about procedures Vail Resorts would have to adhere to if they wished to include a lift on the West LionsHead redevelopment. Peterson explained no one had expressed concern over lift towers on NAPD in the past. "It has always been about terminals." (as they are more obtrusive) Hitt rebutted that he wanted, "zoning across the board be consistent...We don't have anything in front of us that would require allowing a lift tower on NAPD...It is an attempt to protect the most sacred zoning that we have." Moffet. explained Council was anticipating a zoning change down the road. Peterson said he had not believed Vaif Resorts would have to ask permission to include a lift in the West LionsHead redevelopment. Gordon stated, "I would be happy to make a text amendment at a future date when we have a better idea of the big picture...) don't want to make decisions with blinders on." The motion passed unanimously, 7-0. The seventh item on the agenda was Resolution No. 4, Series of 2006, a Resolution amending Section 2.3.3 Stronger Economic Base through Increased Live Beds, Chapter 4 Recommendations-Overall Study Area, and Chapter 5 Detailed Plan Recommendations to establish policies for the preservation and enhancement of the 2 number of live beds in LionsHead. Chief Planner Ruther explained that on June 26, 2006, the PEC held a public hearing on the proposed amendments to the LionsHead Redevelopment Master Plan. Following discussion on the amendments, the Commission voted 5-0-1 (Pierce recused) to forward a recommendation of approval to Council. In voting to recommend approval, however the PEC requested several modifications be made to the amendments. The modifications recommended by the PEC were noted in blue text in the resolution. Due to a predetermined conflict of interest, monetary involvement with Vail Resorts, Slifer recused himself from the item and left the Council Chambers. Gordon questioned redevelopment of the Lion Square Lodge. Moffet said he was not sure the resolution accomplished anything. "How does this accomplish. no net loss?" Ruther responded, "Without Public Accommodation zoning you can't guarantee the creation of accommodation units." Moffet stated that a development needs to have you have significant expenses (common areas, marketing departments, conference center facilities, etc.). "That's the only way you get condominiums to behave like short term rental properties." Logan said, "The problem is, there are no teeth in the resolution." Moffet moved to table the item until July 18 with Logan seconding. Bill Jewitt, PEC Member, stated, "It is important to remember that a hotel room is not the end all be all for this town...tirneshares and condominiums are used by different types of people who spend different amounts of money...) hope you can move expeditiously on this." Representing the LionsHead Inn and LionsHead Annex, Dominic Mauriello said the planning process has worked fairly well. "Our goal has always been to have a front desk and hotel amenities...Our goals are aligned." The motion to table passed unanimously, 6-0. The eighth item on the agenda was the Town Manager's Report. There was nothing , reported. The ninth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding at approximately 8:30 p.m. The motion passed unanimously, 7-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, July 18, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M, by Mayor Pro-Tem Farrow Hitt. Members present: ~ _ _ ,._. _......... _:. Not Present: Staff Members: Farrow Hitt, Mayor Pro-Tem Kim Newbury Mark Gordon Kevin Foley Greg Moffet Kent Logan Rod Slifer, Mayor Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Montaneros condominium owner Nancy Corgan said she was delighted by the prospect of the LionsSquare North redevelopment although the proposal was entirely too large. Hermann Staufer asked Council to consider Ordinance No. 18, Series of 2006, through regular means {as opposed to an emergency ordinance). The second item on the agenda was the Bell Tower request to proceed through the development review process with a proposal to reconfigure private improvements on Town of Vail property. Planner Matt Gennett reported the Bell Tower Building in Vail Village is in the process of undergoing design review for an application to construct two gables that would encroach slightly aver Gore Creek Drive and for a new stone veneer with cap on the south side of the building to encroach as well. The applicant has already received Design Review Board approval, with conditions for their design, the condition being Town Council permission to proceed. Presently, the existing Bell Tower roof overhang encroaches over Town of Vail property. The applicants are prepared to enter into an encroachment agreement with the town. The Community Development Department recommended Council approve the applicant's request to proceed through the development review process and apply for a building permit upon the execution of the encroachment agreement. Moffet moved to authorize the encroachment with Logan seconding. The motion passed unanimously, 6-0. The third item on the agenda was Proclamation No. 3, Series of 2006. (Helen Fritch Day). Hitt read the proclamation honoring Helen Fritch for her many contributions to the community, including creation of the Betty Ford Alpine. Gardens. Moffet moved to approve the proclamation with Foley seconding. The motion passed unanimously, 6-0. Foley personally thanked Fritch for her efforts. The fourth item on the agenda was the first reading of Ordinance No. 6, Series 2006, An ordinance repealing and reenacting Title 9, Chapter 1, Vail Town Code regarding water quality within the Town of Vail. This ordinance provides definitions and amendments to Title 9, Vail Town Code which, will further clarify prohibited acts and provide for more effective enforcement by the town to prevent injury to the town water supplies. Foley moved to approve first reading of the ordinance with Moffet seconding. The motion passed unanimously, 6-0. The fffth item on the agenda was First Reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20%. Planner Matt Gennett stated that on April 24, 2006, the Planning and Environmental Commission conducted a work session during which staff was directed. to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to Council, as modified by staff. The applicant, Helmut Reiss, requested to amend the section of town code which restricted site coverage on lots with average slopes in excess of 30% within four of the nine residential zone districts established in Chapter 12-6, Residential Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20% minimum. The applicant proposed to amend the restriction to allow for the typical 20% maximum site coverage standard to apply in the applicable zone district irrespective of the average slope. The rationale behind the applicant's request was to allow for greater flexibility in the design and construction of residences on steep hillsides. Steve Isom from Isom and Associates said the ordinance encouraged less site disturbance. Architect Mike Suman spoke in support of the ordinance. "This is a way to protect our beautiful home sites." Moffet moved to adopt the ordinance with Newbury seconding. The motion passed unanimously, 6-0. The sixth item on the agenda was consideration of Ordinance No. 18, Series 2006, An Emergency Ordinance Amending Title 5, Chapter 9, Vail Town Code Regarding Wildlife Protection in the Town of Vail Town Attorney Matt Mire noted the Council had directed staff to prepare a new and more effective wildlife protection ordinance. Until such time that said legislation can be considered and approved by Council, Ordinance 18 will function to create a "zero tolerance" policy for violation of the current wildlife protection regulations. More specifically, the ordinance eliminates from the Town Code all requirements of warnings to alleged violators, as well as any maximum fine amounts, thus, making a first offense punishable by the maximum penalties available to the Municipal Court (up to $999 and up to 180 days in jail for each offense). As an emergency measure, the ordinance takes effect immediately. Moffet emphasized the ordinance does not require residents to purchase bear-proof containers. Hitt explained the current warning system is not effective. Foley moved to approve the ordinance with Newbury seconding. Gordon said, "We can't move fast enough on this issue as a Town Council." During the public comment period, Norma Broden said the situation is dire and she was glad Council was addressing the issue. Chris Fitzgerald thanked Council for addressing the issue. The motion passed unanimously, 6-0. The seventh item on the agenda was resolution No. 4, Series of 2006, a Resolution amending Section 2.3.3 Stronger Economic Base Through Increased Live .Beds, Chapter 4 Recommendations-Overall Study Area, and Chapter 5 Detailed Plan Recommendations to establish policies for the preservation and enhancement of the number of live beads in LionsHead. Ruher explained the town is experiencing an unprecedented amount of new construction in the form of new development and redevelopment projects. Much of the new construction activity is occurring in LionsHead. In anticipation of future new development and redevelopment opportunities in LionsHead, Council adopted the LionsHead Redevelopment Master Plan on December 15, 1998. One of the six policy objectives of the LionsHead Redevelopment Master Plan is to create a stronger economic base through increased live beds. To that end, the plan states, "In order to enhance the' vitality and viability of Vail, renewal and redevelopment in LionsHead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds") through new lodging products." While a clearly stated policy objective is presently in place, the current implementation policies of the Plan (ie, Chapter 5 - Detailed Plan Recommendation, Overall Plan Recommendations, LionsHead Mixed Use - 1 & 2 zone districts, etc.) do little, if anything, to ensure that the Plan's policy objectives are met; specifically Policy Objective 2.3.3. In fact, it could be argued that the adopted zoning regulations are in conflict with the Policy Objective 2.3.3. To that end, Council found it imperative that. prior to accepting any more. development applications for new development or redevelopment. projects in LionsHead, that a discussion occurs regarding the possible unintended consequences of continuing on with the present Master Plan recommendations and/or Zoning Regulations. The intended outcome of these discussions has been intended to be the preservation and enhancement of the town's supply of "live beds." Regardless of the direction taken, Council believes diversity in the town's lodging products is the key to the future success of the town and LionsHead. Ruther then described that on June 26, 2006, the PEC held a public hearing on the proposed amendments to the LionsHead Redevelopment Master Plan. Following discussion on the amendments, the Commission voted 5-0-1 (Pierce recused) to forward a recommendation of approval to Council. In voting to recommend approval, however the Commission requested that several modifications be made to the amendments.. Due to a predetermined conflict of interest (East West Partners Affiliation), Slifer recused himself from the item and left the Council Chambers. Moffet expressed concern that the ordinance dealt well with remodels but not ground up construction. Foley moved to approve the resolution with Newbury seconding. During the public comment period, Gwen Scalpello stressed a belief she thought the ordinance was unfair to condominium owners who were unable to demolish their dwelling units and build from scratch (you can't convert, but you can rebuild). Moffet further explained the ordinance did not allow for the conversion of accommodation units. Foley thanked staff and the developer for their due diligence correcting the LionsHead Master Plan. Moffet moved to direct staff to lift the moratorium at the August 1, 2006, meeting with Gordon seconding. The motion passed unanimously, 5-0. Moffet then asked staff to further investigate the matter. The eighth item on the agenda was Resolution No. 14, Series of 2006. A resolution approving and authorizing the wireless broadband network and lease agreement (the "Agreement") between the Town of Vail (the" Town") and CenturyTel Broadband Services, LLC ("CenturyTel"), which agreement pertains to certain respective rights and responsibilities of the Town and CenturyTel in relation to providing atown-wide wireless broadband network. At the request of Council, the Town of Vail issued a Request for Proposals (RFP) for a town wide wireless network on March 17, 2006. On May 12, 2006 the selection committee chose CenturyTel for the award of the wireless RFP. Town Attorney Matt Mire stated Council met in Executive Session earlier in the day to discuss the agreement. Moffet moved to adopt the resolution with Logan seconding. Representing CenturyTel, Jim Selvy explained 86 wireless nodes would be stationed throughout the town. Gordon attempted to clarify whether there would be 100% coverage throughout town. CenturyTel representative Bob Stone stated that 90 to 95% coverage would be possible. Newbury clarified new streetscape light posts cost $2,000 a piece and questioned whether the wireless nodes should be hung upon them. Logan asked what the alternative was to not place the nodes on the lamp posts. Foley encouraged the use of third party sites (for node placement) in the commercial core areas. Bob Macklin, ..Sky .Pilot (node. manufacturer) representative, described the technological advantages and disadvantages of the wi-fi units and their placement. During the public comment period, PEC Member Bi-I Dewitt asked for a clarification on the pricing. Stone explained wi-fi is a competitive market and the available services would be priced accordingly. Town of Vail Information Technology Director Ron Braden said the service would be free for one hour, thereafter the user would have to either pay or log-in again. The motion passed unanimously, 6-0. The ninth item on the agenda was the Town Manager's Report. There was nothing reported. The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Newbury seconding. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 4 Memorandum To: Vail Town Council From: Matt Mire, Town Attorney Date: July 26, 2006 Re: Wildlife Protection Background In August of 2002, and in response to a dramatic increase in human-bear conflicts, the Vail Town Council (the "Council") adopted Ordinance No. 19, Series 2002, which amended the Vail Town Code (the "Code") to include a Chapter regarding Wildlife Protection (Attached as Exhibit A). The stated purpose of the Wildlife Protection chapter was. to "protect and maintain wildlife in the Town of Vail and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife." On July 11, 2006, and based upon the testimony from town staff and Bill Andree of the Colorado Department of Wildlife, regarding the effectiveness of the 2002 ordinance, the Council directed staff to prepare an agenda item. for the Council's consideration of amendments to the Wildlife Protection which would more effectively serve the purpose set forth above. On July 18, 2006, the Council passed an emergency measure which removed the warning requirement for first time offenders from the current Wildlife Protection regulations and also eliminated the maximum fine amounts set forth in the Code. Accordingly, first time offenders of the current Wildlife Protection regulations are now subject to the General Penalty provision of the code (up to $999 in fines and incarceration of up to 180 days, or both). II. Discussion The current Wildlife Protection chapter, as adopted in 2002, attempts to address the issue primarily via a "dawn to dusk" requirement. That is, any residential refuse containers containing garbage that is edible by wildlife may only be placed at the curb on or after 6:00 am on the day of pick-up, and must be re-secured "in an appropriate manner" by 7:00 pm the same day. Although the Code requires refuse containers to be "secured. in a manner that does not create an attraction for wildlife," absent from the regulation is any requirement for residential refuse containers or enclosures to be of a certain type or quality. For instance, other communities facing similar issues have adopted regulations requiring refuse which is edible by wildlife to be stored in a Wildlife Resistant or Wildlife Proof container or enclosure. Attached as Exhibit B are examples of regulations which define the type of containers and enclosures required by all residents. In most instances, the Wildlife Resistant and Wildlife Proof containers are required in a residential context only when the refuse container cannot be otherwise secured in a home or garage. Apparent in the regulations included in Exhibit B, as opposed to the Town's current law,. are definitions which set forth the type of container or enclosure required by all refuse which is edible by wildlife. The def+nitions of Wildlife Resistant and Wildlife Proof do vary Vail Town Council August 1, 2006 Page 2 from one jurisdiction to another and range from a "fully enclosed metal container" in Snowmass and Aspen, to "a metal or plastic container," as in Avon and Steamboat. One common element of the definitions of all the containers is the requirement for a latching mechanism, which prevents access by wildlife. In addition, in every regulation, there are requirements that dumpsters and dumpster enclosures of a certain type and/or quality as defined by the local jurisdiction be utilized in a construction and amulti-family context. 111. Staff Recommendations ~ • Step-up enforcement of the Town's current "dawn to dusk" regulations, including the regulations regarding construction sites. 2• Amend the current Wildlife Protection Chapter to provide for definitions and regulations which would require certain types of containers and enclosures for refuse edible by W{Id{ife, ONLY when not otherwise secured in a manner that does provide an attractant to wildlife such as storing refuse containers in a building, house, or garage. 3• Staff is not recommending bear proof containers where the dusk to dawn regulations applies. However, if the Town Manager or his designees receives more than one documented, substantiated report that any animal, whether wild or domestic, has entered into or removed refuse from a Refuse Container located on the property or placed at the property curbside for pickup, the Town Manager or his designees may order that property owner, agent of the property owner or tenant to purchase and use Wildlife Proof Refuse Container. Such Order shall: (1) State that a Wildlife Proof container shall be obtained for the property within 7 days from the date ordered (2) Shall be served either personally or by means of pasting on the premises upon which the nuisance exists. tf notice is served by posting, a copy of the notice shall also be mailed by certified mail, return receipt requested, to the owner of record of the property and the address shown in the records of the county assessor. Penalties for the violation of such order shall be the same as for any other violation of the Chapter. IV. Additionallssues ~ • Effective date of the new regulation. 2. Consideration of a year-round or a seasonal regulation. 5-9-1 Exhibit A CHAPTER 9 SECTION: 5-9- 1: Purpose 5-9- 2: Definitions 5-9- 3: Residential Refuse Disposal 5-9- 4: Special Event Refuse Disposal 5-9- 5: Construction Site Refuse Disposal 5-9- 6: Feeding Of Wildlife Prohibited 5-9- 7: Enforcement 5-9- 8: Penalty Assessment 5-9- 9: Penalties 5-9-10: Violator's Responsibilities 5-9-11: Notice Of Violation 5-9-1: PURPOSE: The purpose of this chapter is to protect and main- tain wildlife in the town of .Vail and sur- rounding areas and to minimize the risk of dangerous interaction between humans and wildlife. (Ord. 19(2002) § 1) 5-9-2: DEFINITIONS: RESIDENT: Any person, firm, corporation or organization within the town of Vail or on town controlled land. WILDLIFE: Any undomesticated animal, including, but not limited to, elk, deer, sheep, lynx, skunks, bears, raccoons, coy- otes, beavers, porcupines, mountain lions, bobcats and foxes. (Ord. 19(2002) § 2) WILDLIFE PROTECTION 5-9-5 5-9-3: RESIDENTIAL REFUSE DIS- POSAL: A. All residential refuse containers that receive garbage and/or refuse edible by wildlife must be secured in a man- ner that does not create an attraction for wildlife. B. Residents with curbside pick up shall place their refuse containers at the curb, alley, or public right of way at or after six o'clock (6:00) A.M. on the morning of pick up. After pick up, the containers must be resecured in an appropriate manner by seven o'clock (7:00) P.M. (Ord'. 19(2002) § 3) 5-9-4: SPECIAL EVENT REFUSE DIS- POSAL: Outdoor special event sites shall be kept free from the accumula- tion of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into appropriate containers or enclosures or be removed to an appropriate disposal site. (Ord. 19(2002) § 4) 5-9-5: CONSTRUCTION SITE REFUSE DISPOSAL: All construction sites must have a designated container that receives refuse edible by wildlife. The re- fuse in this container shall be emptied at the end of each workday and deposited into appropriate containers or enclosures or be removed to an appropriate disposal site. (Ord. 19(2002) § 5) November 2002 Town of Vail 5-9.6 5-9-8 5-9-6: FEEDING OF WILDLIFE PRO- 5-9-7: ENFORCEMENT; Town of Vail HIBITED: police and code enforcement officers shall have the power to issue a A. Intentional Or Unintentional: No per- warning notice or a summons and com- son shall intentionally or unintentional- plaint to any person in violation of this ly feed or provide food in any manner chapter. (Ord. 19(2002) § 7) for wildlife on public or private proper- ty within the town of Vail. A person will be considered to be in violation of 5-9-8: PENALTY ASSESSMENT: Viola- ... this chapter if they leave or store any tion of any provision of this garbage, refuse, food product, pet chapter by ariy person,` firm or corporation, food, grain or salt in a manner which whether as owner or occupant, shall be would create a lure, attraction or en- handled in the following manner: ticement for wildlife. A. First Violation: The first violation of B. Bird Feeders: Bird feeders are al- this chapter will result in a notice of (owed. However between the dates of violation. to an alleged offender. The April 15 and. November 15, all bird alleged offender will be warned and feeders must be suspended on a informed of the proper precautions cable or other device so that they are necessary to prevent the feeding of inaccessible to bears and the area wildlife and the necessary actions to below the feeders must be kept free meet the provisions of this chapter, from the accumulation of seed debris. which may include, but are not limited to: removal of wildlife attractants, time C. Exceptions: This regulation shall not limits for the placement of curbside apply to: refuse containers, and use of bear resistant refuse containers. Said no- 1.Any individual, company or corpora- tice shall include a reasonable time tion that is duly licensed by the state schedule for compliance. An alleged of Colorado or otherwise entitled un- offender who timely complies with the der law to possess a wildlife species; first notice of violation will not be 2. Any action .that is officially Banc- subject to the penalty provisions of this chapter. tinned by the state of Colorado that would require feeding, baiting, or B. Second Violation: The second viola- luring of wildlife (an example of one tion of this chapter will result in anoth- such action would be scientific pro- er notice of violation, as well as a jects dealing .with capturing and tag- summons and complaint. Two (2} ging wildlife); notices of violation within a twelve (12) month period will subject the 3. The feeding of wild birds, unless violator to the penalty provisions of the bird feed begins to attract other this chapter. Failure to comply with forms of wildlife. (Ord. 19(2002) § 6) the first notice of violation within the designated time frame may be deemed a second violation. The sec- November 2002 Town of Vail 5-9-8 and notice of violation shall include a compliance schedule when applicable. C. Subsequent Violation(s): Offenders who have violated this chapter more than two (2) times within a twelve (12) month period or continue to fail in achieving timely compliance with a previous notice will be subject to a graduated fine schedule as set forth in this chapter. (Ord. 19(2002) § 8) 5-9-9: PENALTIES: A. The graduated fine schedule for the penalty assessment procedure is as follows: Warning For the first violation. $100.00 to For the second viola- $250.00 fine tion within 12 months of the first violation, or failure to comply with the designated compli- ance schedule asso- ciated with the first violation. $250.00 to For each successive $999.00 fine violation within 12 months of the previ- ous violation, or failure to comply with the designated compli- ance schedule associ- ated with the second or subsequent viola- tion. 5-9-11 C. In addition to the criminal enforcement set forth above, the town of Vail may seek injunction, mandamus, or other appropriate civil relief to .enforce the provisions of this chapter. (Ord. 19(2002) § 9) 5-9-10: VIOLATOR'S RESPONSIBILI- TIES: In addition to the penalties outlined in this chapter, violators will be required to perform all necessary actions to remove or abate attractants of wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, clean- ing or appropriate storage of barbecue grills, and/or the required use of wildlife resistant containers and/or wildlife proof containers. (Ord. 19(2002) § 10) 5-9-11: NOTICE OF VIOLATION: A resident shall be deemed to have been issued an appropriate notice of violation if it is personally served upon the resident, posted on the resident's premises, or placed in the U.S. mail, postage prepaid and addressed to the resident according to the last known address given by the resi- dent to any town of Vail or Eagle County government department. If the identity of the resident is not known, the entity respon- sible for payment of the garbage removal services for the subject location will be held responsible for complying with this chapter and for any penalties assessed pursuant to the same. (Ord. 19(2002) § 11) B. Any town of Vail police or code en- forcement officer shall have the au- thority to issue notices of violation, summonses and complaints for viola- tion of any provision of this chapter. ,° Town of Vail November 2002 City of Steamboat Springs Exhibit B CITY OF STEAMBOAT SPRINGS, COLORADO ORDINANCE NO. 1,_,973_ AN ORDINANCE REGULATING THE STORAGE OF REFUSE AND THE FEEDING OF WILDLIFE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE; AND SETTING A HEARING DATE. WHEREAS, in June 2001, City Council passed Ordinance No. 1799 regulatin stora e of refuse and feeding of wildlife by prohibiting the outdoor placement or storage of trash containers other than wildlife resistant trash containers except for limited times on trash pick up days; and WHEREAS, the provisions of Ordinance No. 1799 are codified at Article III of Cha ter 19 of the City of Steamboat Springs Revised Municipal Code; and p WHEREAS, the City Council finds that the incidence of wildlife enterin of the City in order to forage for food in refuse containers and dumpsterspcontinues to increase and has reached a level that poses a growing threat to the health, safet and welfare of the citizens of and visitors. to the City of Steamboat Springs; and y, WHEREAS, the City Council finds that the practice of leaving refuse attr ' edible by wildlife in unsecured containers is the principal cause of the increase n wildlife activity in populated areas of the City; and WHEREAS, in order to protect the public health, safety, and welfar protect local wildlife population, representatives of the Colorado Division of ~ dlife have worked with the City to discourage wildlife foraging for food in the City by requirin refuse that is attractive to or edible by wildlife to be stored in wildlife proof containers approved by the Division of Wildlife or the City of Steamboat Springs; and WHEREAS, the City Council finds that Article III, Chapter 19 of the Revis Code. must be amended to require that all containers storing refuse that is attractiveptol or edible by wildlife must be wildlife proof to protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEAMBOAT SPRINGS, COLORADO: SECTION 1 Article III of Chapter 19 of the City of Steamboat Springs Revised Munici al hereby amended to read as follows: P Code is Page 1 of 5 Article Ill. WILDLIFE PROOF CONTAINERS Section 19-100. Definitions. (a) Dumpster Enc/asure is any structure construction in accordance with the structural requirements of the Uniform Building Code, as adopted by the City, irrespective of the actual enclosed square footage of the structure. The structure shall be fully enGosed. (b} ~Idlife Proof Refuse Container is a container used for the storage of refuse that has been certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service, or the U.S. Forest Service. A container not so certified, is considered a Wildlife Proof Refuse Container if it is fully enclosed, of sturdy construction, and includes a latching mechanism suitable to prevent wildlife from opening the container. Latching mechanisms shall allow a gap between the container lid of no more than one half inch (1/2"). Latching mechanisms shall keep the lid closed in the event the container is turned on its side or upside down. Wildlife proof refuse containers may include drain holes no larger than one inch (1") in any dimension. (c) Refuse Container is any container, other than a Wildlife Proof Refuse Container, used for the storage of refuse. Section 19-101. Refuse Storage Requirements. (a) It shall be unlawful for any person to store refuse that is attractive to or edible by wildlife out of doors other than in a Wildlife Proof Refuse Container approved by the Colorado Division of Wildlife or the City of Steamboat Springs. This includes commercial dumpsters whether or not they are in a dumpster enclosure. (b) Persons with curbside refuse pickup service shall not place Refuse Containers, other than Wildlife Proof Refuse Containers, containing refuse that is attractive to or edible by wildlife at the curb for pickup until after 6:00 am on the morning of their scheduled collection day. After pickup, all refuse containers, other than wildlife proof containers, must be returned to a building, house, garage, or dumpster enclosure by 8:00 pm. (c) Compliance with this Article notwithstanding, the City Manager, or his designee, may order any property owner, agent of the property owner, or tenant to purchase and use Wildlife Proof Refuse Containers for all storage of refuse that is attractive to or edible by wildlife if the City Manager receives more than one documented, substantiated report that any animal, whether wild or domestic, has entered into or removed refuse from a Refuse Container located on the property or placed at the property curbside for pickup. Page 2 of 5 Such Order shall (1) State that a Wildlife Proof container shall be obtained for the property within 7 days from the date of the order (2) Shall be served either personally or by means of posting on the premises upon which the nuisance exists. If notice is served by posting, a copy of the notice shall also be mailed by certified mail, return receipt requested, to the owner of record of the property a the address shown in the records of the county assessor. (d} Penalties for violation of such an order shalt be the same as far any other violation of this Article. Section 19-102. Property Maintenance. (a) It shall be unlawful for the owner of any property located within the City, including properties used for special events and properties that are the site of construction activities, to permit the accumulation on the property of refuse attractive to or edible by wildlife. Refuse shall be stored on and collected from such properties and stored in accordance with the provisions of Section 19-101. (b) Properties found to be in violation of this section may be deemed to be a nuisance as defined in Section 15-2 of this Code and treated accordingly. Section 19-103. Feeding of Wildlife (a) It shall be unlawful for any person to knowingly leave or store any refuse, recyclable, food product, pet food, grain, salt or any other materials attractive to or edible by wildlife in a manner, which may attract or entice wildlife. (b) Bird feeders shall be permitted under this Section. However, between the dates of April 15th and November 15th, all feeders must be suspended on a cable or .other device so that they are inaccessible to bears and other wildlife and the area below the feeders must be kept free of the accumulation of seed, seed debris, or other attractive or edible materials. Section 19-104. Penalty schedule. (a) The Municipal Court is hereby authorized to establish a penalty schedule for violations of this Artice. The penalty schedule may establish mandatory minimum fines for violations of this Article and the mandatory minimum fines may increase for repeat and multiple offenders. (b} Mandatory minimum fines contained in a penalty schedule established per this provision shall not affect the Court's authority to impose a greater fine up to the Page 3 of 5 Court's jurisdictional limit. (c} The penalty schedule may authorize reduced or suspended fines upon the offender's agreement to purchase and use a Wildlife Proof Refuse container. SECTION 2 Pursuant to Section 7.6(h) of the Steamboat Springs Home Rule Charter, he effective date of this ordinance shall be five (5) days after the public hearing on the second reading of the ordinance. SEC All ordinances heretofore passed and adopted by the City Council of the City of Steamboat Springs, Colorado, are hereby repealed to the extent that said ordinance, or parts thereof, are in conflict herewith. SECTION 4 The City Council hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation of the public peace, heath, and safety. INTRODUCED, READ AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Steamboat Springs, at its regular meeting held on the 4~' day of Janua , 2005. Pau/ A. Stron4 Paul A. Strong, President Steamboat Springs City Council Julie Jordan Julie Jordan, City Clerk FINALLY READ, PASSED AND APPROVED the 18th day of January, 2005. Page 4 ofi 5 City of Aspen Chapter 12.08 WILDLIFE PROTECTION Sections: 12.08.010 Definitions. 12.08.020 Wildlife resistant refuse containers or enclosures required. 12.08.030 Maintenance and operating of wildlife resistant refuse containers and dumpster enclosures. 12.08.040 Residential refuse disposal. ' 12.08.050 Special event refuse disposal. 12.08.060 Feeding of wildlife. 12.08.070 Construction site refuse disposal. 12.08.080 Interference with Enforcement Officer. 12.08.090 Enforcement. 12.08.100 Penalty assessment. 12.08.010 Definitions. The definitions and terms used in this chapter aze defined as follows: (1) Wildlife means any non-domestic mammal indigenous to the Roaring Fork Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox. (2) WildlifeProof refuse container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism, which prevents access to the contents by wildlife. Wildlife proof refuse containers must be approved by a City of Aspen Designated official. (3) Wildlife resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacle(s), shall not be attached to an historic structure, shall not be located in a public right-of way, and shall be located adjacent to the alley where an alley borders the property. Wildlife resistant dumpster enclosures located in the Commercial Core (CC) and the Commercial (C-1) zoning districts are required to comply with Sections 26.710.140(D)(6) and 26.710.150(D)(6), asapplicable. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit or Community Development review; however, plans for the dumpster are required to be reviewed and approved by a City Community Safety Officer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or lazger requires a building permit. (4) Special event means an outdoor gathering such as a concert, conference or festival. (5} Enforcement officer means any Aspen Police Officer, Community Safety Officer, Environmental Ranger or City of Aspen designated official. (6) Refuse container means any trash can, dumpster, or similaz device used for the collection and storage of solid waste. (Ord. No. 13-1999, § 1 (part): Ord. No. 30-1999, § l; Ord No. 27-2005 §1) 12.08.020 Wildlife resistant refuse containers or enclosures required. A. Any refuse container, regazdless of size, that receives refuse which is edible by bears or other wildlife shall be either (1) an approved wildlife resistant refuse container or (2) a refuse container which is stored within a building, house, garage or approved wildlife resistant dumpster enclosure. B. The minimum standards required for wildlife proofing gazbage are set forth in and are incorporated herein by reference in the City of Aspen's "Wildlife Protection Ordinance Guidelines," which shall be prepared and amended from time to time by the City's Environmental Ranger or other designated agent. The "Guidelines" shall be available for review and purchase at the City's Environmental Health Department. C. Any trash hauler who provides a refuse container to a city customer shall. only provide wildlife resistant refuse containers, wildlife resistant dumpsters, or wildlife resistant poly- carts, which meet the Wildlife Protection Ordinance Guidelines. (Ord. No. 2-2001, § 1) Editor's note-- Ord. No. 2-2001, § 1, repealed former § 12.08.020, pertaining to wildlife resistant refuse containers and enclosures and enacted a new § 12.08.020 as herein set out. Former § 12.08.020 was derived from Ord. No. 13-1999, § 1. 12.08.030 Maintenance and operation of wildlife proof refuse containers and dumpster enclosures. A. Wildlife resistant refuse containers and dumpster enclosures must be kept closed and secure when refuse is not being deposited. B. If a container or enclosure is damaged, allowing access by wildlife, repairs must be made within 72 hours after written notification by a City of Aspen designated official. (Ord. No. 13-1999, § 1 (part); Ord. No. 27-2005 §1) C. Providers are required to display their business name on all receptacles they provide within the city of Aspen. 12.08.040 Residential refuse disposal. A. All residential containers that receive refuse edible by wildlife must be secured inside the home or gazage. Residents unable to keep their refuse container inside the home or garage shall store their refuse in a wildlife resistant refuse container or enclosure approved by a City Community Safety Officer or Environmental Ranger. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of--way only on the morning of pickup. After pickup the containers must be re- secured inside the home, garage or wildlife resistant enclosure by 6:00 p.m. (Ord. No. 13-1999, § 1 (p~'t)) 12.08.050 Special event refuse disposal. Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife resistant containers or enclosures or be removed to an appropriate disposal site. (Ord. No. 13-1999, § 1 (part)) 12.08.060 Feeding of wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However, between the dates of April 15th and November 15th, all feeders must he suspended on a cable or other device so that they are inaccessible to bears and the azea below the feeders must be kept free from the accumulation of seed debris. (Ord. No. 13-1999, § 1 (part}) 12.08.070 Construction site refuse disposal. All construction sites must have a designated container that receives refuse edible by wildlife. This container shall be either a wildlife resistant refuse container, or a container that is emptied at the end of each workday and then securely stored inside a trailer or building. (Ord. No. 13-1999, § 1 (part)) 12.08.080 Interference with Enforcement Officer. No person shall interfere with, molest, hinder or impede the Enforcement Officers in the discharge of their duties as herein prescribed or violate any of the provisions of this chapter. (Ord. No. 13-1999, § 1(part}) 12.08.090 Enforcement. A. Enforcement Officers may issue a warning notice or summons and complaint to any person in violation of this chapter. B. An Enforcement Officer shall have the right to inspect property concerning any wildlife concern or potential wildlife attractant. (Ord. No. 13-1999, § 1(part)) 12.08.100 Penalty assessment. Violation of any provision of this chapter by any person, firm or corporation shall be unlawful and subject to the penalty provisions in section 1.04.080 of this Code. Either the owner or occupant or both may beheld responsible for a violation of any provision of this chapter. (Ord. No. 2-2001, § 1) Editor's note-- Ord. No. 2-2001, § 1, repealed former § 12.08.100, pertaining to penalty assessment and enacted a new § 12.08.100 as herein set out. Former § 12.08.100 was derived from Ord. No. 13-1999, § 1. Pitkin County AN ORDINANCE OF THE BOARD OF COUNTY COMMLSSIONERS OF PiTKIN COUNTY, COLORADO, ESTABLISHING REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE Ordinance # ,~ - 2005 1. In 1998 and 1999, respectively, the Town of Snowmass Village and the City of Aspen passed ordinances amending their municipal codes concerning wildlife protection and the use of wildlife proof containers. 2, In response to the citizens of Pitlcin County, the Pitkin County Wildlife Biologist, the Pitkin County Animal Safety Officer, the Colorado Division of Wildlife and the Pitkin County Sheriff s Office, the Boazd of County Commissioners (tbe "Board) wishes to adopt new regulations and standards requiring the utilization of wildlife proof refuse containers, wildlife proof dumpster enclosures and the proper storage of food or refuse edible by bears or wildlife. 3. The Board finds -that regulations and standazds requiring the utilization of wildlife proof refuse containers, wildlife proof dumpster enclosures and the proper storage of food or refuse edible by bears or wildlife, are necessary to enhance public safety and protect the health and welfare of bears and other wildlife. 4. The Board finds that this problem occurs throughout all of Pitlcin County during the spring, summer, fall and early winter, and has therefore determined that as of July 7, 2005, this ordinance will be effective in all areas of Pitlcin County, all year round. NOW THEREFORE, be it ordained by the Board of County Cornmissioners of Pitkin County, Colorado, that it hereby authorizes the adoption of the following regulations and standards: DEFIlVITIONS Wildlife -any animal, including but not liauted to do s cats skunks s raccoons, coyotes, bobcats and foxes. g ' ~ quirrels, black bears, Wildlife Proof Refuse Container (WPRC} _ a fully enclosed container with a lid which is inaccessible to wildlife. The lid must fit tightly and have a latching mechansm. A dumpster, ~lY ~rt or similar trash receptacle of heavy construction may be a WPRC. The Solid Waste Manager, Animal Safety Officer ar their designee must appt~ove the WPRC. Wildlife Proof Bumpster Enclosure (WADE) _ a fully enclosed structure consisting of four sides and a roof or cover of sufficient design and construction to prevent access by wildlife. The door or cover must have a latching mechanism, the sides of the structure must extend to within two inches of the ground, and ventilation openings must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access by wildlife. Wildlife Proof Dempster Enclosures aze subjeot to alI building codes and planning and zoning requirements. The Solid Waste Manager, Animal Control Officer, or their designee must approve the WPDE. REGULATIONS/STANDARDS .All refuse containers regardless of size that receive food wastes attractive to wildlife shall be either an approved Wildlife Proof Refuse Container (WPRC) or a refuse container which is stored within an approved Wildlife Proof Dempster Enclosure {WPDE). Any container which receives other wildlife attractants such as food or pet and animal feed must also be an approved WPRC, be stored within an approved WPDE, or be stored within another structure impervious to wildlife such as a building, house or garage. STANDARDS for Wildlife .Proof Refuse Containers (WPRC) Dumpsters will be of a design that is impervious to wildlife, with drain holes no greater than one (1) inch in diameter. Dempster fids must have a closure mechanism and/or a latching device. All lids must: 1 • fully enclose (cover) the dumpster opening. 2. have edges that fit flush. Lids must not be turned up or bent. 3. have closure mechanisms which will withstand unintentional opening by an animal and will remain closed when on their side or upside down. 4. have acceptable latching devices, such as cables, bars and/or pull handles. All latching devices must lock into place with a pin or other mechanism. 5. have no more than one-quarter inch of freeplay when properly latched and secured. All dumpster lids must be constructed of steel thick enough to withstand the weight of a bear. Plastic dumpster lids are not permitted. ~- Compactors must be wildlife proof. No trash may be exposed, and. doors must be kept closed except when loading or removing refuse. The area around the compactor must be kept clean and free of refuse. Wildlife Proof Refuse Containers and Wildlife Proof Dumpster Enclosures must be kept closed and secure except when refuse is being deposited. The area around. the WPRC or WPDE must be kept clean and free of refuse. Overfilling of any refuse container, including trash cans set out on the day of collection, is prohibited. If a WPRC/DE is damaged, allowing access by wildlife, repairs must be made within 48 hours after written notification to the responsible party by the County. Residents with curbside refuse pickup shall place their refuse or containers at the curb only after 6 a.m. on the day of pickup. All refuse and any containers containing refuse must be re-secured inside the home, garage or WPRC/DE by 6 p.m. Licensed Waste Haulers in Pitkin County must provide Wildlife Proof Refuse Containers to all customers who request them, and must collect refuse in accordance with this.regulation. Collection of residential refuse in. Pitkin County must occur between the hours of 6 a.m. and 6 p.m. Outdoor Special Event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in Wildlife Proof Containers or Enclosures, or be removed to an appropriate disposal site. All construction sites must have a designated container that receives refuse edible by wildlife. This container shall be either an Wildlife Proof Refuse Container, or a container that is emptied at the end of each workday and then securely stored inside a trailer ar building. Trailer parks, housing developments, homeowners associations and other types of clustered residential housing should utilize centralized dumpsters, located in a Wildlife Proof Dumpster Enclosure in lieu of individual refuse containers, when practical and appropriate. If the refuse management method at any locations fails, i.e, if wildlife gains access to trash, the responsible party and/or refuse hauler must reinforce or replace the existing container at that Location. If there is repeated failure of the current method of refuse management or if modifications to an enclosure, dumpster or container do not effectively prevent wildlife from gaining access, a new method must be implemented at that location. Upon receipt of a complaint alleging improper storage or collection of refuse, the County will investigate said complaint. Upon finding that the provisions of this regulation have been violated, A Notice of Violation will be issued to the responsible party, including a schedule for compliance. Said compliance schedule for removal of improperly stored solid waste will be no less than 24 and no greater than ?2 hours. For WPDE modification, the compliance schedule will be no less than 5 days and no greater than 30 days. If compliance is not achieved within the 3 designated time frame, a second Notice of Violation will be issued. Penalties will be assess according to the following schedule: First Notice of Violation: no penalty Second NOV: $350 Third NOV: $1000 This ordinance shall apply throughout all of Pitkin County all year round. This ordinance goes into effect 30 days after final publication. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON APRIL 13, 2005. NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED 1N THE ASPEN TIMES WEEKLY ON APRIL 17, 2005. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON APRIL 27, 2005. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON MAY 8, 2005. A' By Jeane Jones Depu County Cle Date: BOARD OF COUNTY COMMISSIONERS OF PITKI COUNTY, COLORADO ay: ~ Patti Kay-Clapper, Ch r~ ©~,~~ -05 APPROVED_9S..a _ ~ John Elv unto ~NA~a-A~PROVaL: ~~ Hilary F e her Smith, ounty Manager RECOMMENDED FOR APPROVAL: J ~~ ris Hoofn~ le, Solid Waste Manager Town of Snowmass Village Ord. 99-04, Exhibit A Page I of 3 Sec.7-151. Definitions. SNOWMASS VI~.LAGE CHAPTER 7 ARTICLE VI Wildlife Protection The defmitions and terms used in this Chapter, unless the context otherwise indicates, are herewith defined as follows: (1) Wildlife means any medium to large size non-domestic mammal indigenous to the Town of Snowmass Village including but not limited to, black bear, mule deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine and fox. (2) Wildlife Resistant Refuse Container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism, which prevents access to the contents by wildlife. Wildlife Resistant Refuse Containers must be approved by the Chief of Police and the Director of Public Works. (3) Wildlife Resistant Dempster Enclosure means a fully enclosed structure consisting of four sides- and a roof, with one side accommodating a door. The sides of the structure must extend to the ground and the door can not have more than atwo-inch gap along the bottom. The door must have a latching device of sufficient design and strength to prevent access by wildlife. Ventilation openings shall be kept to a minimum and must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access. Wildlife Resistant Dempster Enclosures must be approved by the Chief of Police and the Director of Public Works. (4) Special Event means a large, outdoor gathering such as a concert, conference, festival or rodeo. Sec. 7-152. Wildlife Resistant Refuse Containers or Enclosures Required. Between the dates of April 15 and November 15, all refuse containers regardless of size, that receive refuse edible by bears or other wildlife shall be either an approved Wildlife Resistant Refuse Container, or a refuse container which is stored within a building, house, garage, or approved Wildlife Resistant Dempster Enclosure. Sec. 7-153. Maintenance and Operation of Wildlife Resistant Refuse Containers and Dempster Enclosures. a. Wildlife Resistant Refuse Containers and Dempster Enclosures must be kept closed and secure when refuse is not being deposited. b. If a container or enclosure is damaged, allowing .access by bears or other wildlife, repairs must be made within 24 hours after written notification by the Police Department. Ord. 99-04, Exhibit A Pace 2 of 3 Sec. 7-154. Residential Refuse Disposal C -(. vv-. .. ,~~~ ~. a. All containers that receive refuse edible by bears or other wildlife must be secured inside the home or garage. Residents unable to keep their refuse container inside the home or gazage shall store their refuse in a Wildlife Resistant Refuse Container or Enclosure approved by the Police Department. b. Residents with curbside pickup shall place their refuse containers at the curb only on the day of pickup. After pickup, the containers must be re-secured inside the home, garage or Wildlife Resistant Dempster Enclosure by 6 p.m. Sec. 7-155. Special Event Refuse Disposal. Outdoor Special Event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in Wildlife Resistant Containers or Enclosures, or be removed to an appropriate disposal site. Sec. 7-156. Construction Site Refuse Disposal. All construction sites must have a designated container that receives refuse edible by bears and other wildlife. This container shall be either a Wildlife Resistant Refuse Container, or a container that is emptied at the end of each workday and then securely stored inside a trailer or building. Sec. 7-157. Feeding of Wildlife. a. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure, attraction or enticement of wildlife. b. Birdfeeders aze allowed. However, between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other device so that they aze inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. Sec. 7-158. Interference with Animal Control Officer. No person shall interfere with, molest, hinder or impede the Animal Control Officer in the discharge of his or her duties as herein prescribed, or to violate any of the provisions of this Article. (Ord 3-1992 §2) Sec.7-159. Enforcement. a. Police or Animal Control Officers shall have the power to issue summonses and complaints for violations of this Article, as well as to issue warning notices to persons in violation of the provisions of this Article. b. Police or Animal Control Officers shall have the right to enter any premises in the Town at reasonable hours to enforce the provisions of this Article. Ord. 99-04, Exhibit A Page 3 of 3 Sec. 7-160. Compliance Required and Time Period ~~lJ T 1' Ylll~ ~ 1~~~V.L~ -~,~ ._. ~s,.~_. Any dumpster enclosure or refuse container shall be brought into conformity with the wildlife protection provisions of this Article within a period not to exceed sixty days from the effective date of this Ordinance. Upon application to the Chief of Police, and showing a hardship by any owner of a dumpster enclosure or refuse container required to comply with this Article, the Chief of Police may grant an extension, for a reasonable period of time, within which to comply with the provisions of this Article. Sec. 7-161. Penalty assessment. The following penalty assessments are declared to be mandatory and minimum: Wildlife Resistant Refuse Container (Sec. 7-152): First offense within 1 year $ .50.00 Secced offense within 1 year 250.00 Third offense within 1 year Summons Maintenance of Wildlife Resistant Refuse Containers and Wildlife Resistant Dempster Enclosures (Sec. 7-153): First offense within 1 year 50.00 Second offense within 1 year 250.00 Third offense within 1 year Summons Residential Refuse Disposal (Sec. 7-154): First offense within 1 year 50.00 Second offense within 1 year 250.00 Third offense within 1 year Summons Special Event Refuse Disposal (Sec. 7-155): First offense within i year 250.00 Secmd of'f'ense within 1 year 500.00 Third offense within 1 year Summons Construction Site Refuse Disposal (Sec. 7-156): First offense within 1 year 250.00 Second offense within 1 year 500.00 Third offense within 1 year Summons Feeding of Wildlife (Sec. 7-157): First offense within 1 year $50.00 Second offense within 1 year 250.00 Third offense within 1 year Summons Secs.7-162--7-175. Reserved. Town of Avon (b) In the event the owner of an abandoned building fails to abate the public nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by demolition and removal of the building or by causing the building to be completed to such a degree as, in the discretion of the Building Official, will accomplish abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a lien which may be foreclosed upon in the manner provided for the foreclosure of mechanics liens. The amount of such lien shall bear interest at the rate of eighteen percent (18%) per annum from the date of assessment until the same has been paid. (Ord. 89-11 § 1; Ord. 86-18 §1(part)} CHAPTER 8.32 Wildlife Protection 8.32.010 Purpose. The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. (Ord. 04-11 §2) 8.32.020 Definitions. For the purpose of this Chapter, the following defmitions shall apply: Resident means any person, firm, corporation or organization within the Town or on Town- controlled land. Wildlife means any undomesticated animal, including but not limited to elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. Wildlife proof refuse container means any refuse container which has been certified to be wildlife- proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S. Forest Service. Wildlife-resistant refuse container means a fully enclosed metal or plastic container or dumpster with a metal or plastic lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. (Ord. 04-11 §2) 8.32.030 Residential refuse disposal. (a) All residential refuse containers that receive garbage and/or refuse edible by wildlife must either be wildlife-resistant or wildlife-proof or be kept within a fully enclosed and secured structure. (b) Residents .with curbside pickup shall place their refuse containers at the curb, alley or public right-of--way at or after 6:00 a.m. of the morning of the pickup; provided that, if wildlife-resistant or wildlife-proof containers are used, they may be placed curbside after 6:00 a.m. of the day before. After pickup, the containers must be resecured in an appropriate manner before the end of the same day. (Ord. OS-07 §1; Ord. 04-11 §2) 8.32.040 Special event refuse disposal. Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into appropriate containers or enclosures secured in a manner to prevent access by wildlife or shall be removed to a disposal site. (Ord. 04-11 §2) 8.32.050 Construction site refuse disposal. (a) First violation. The first violation of this Chapter will result in a notice of violation to an alleged offender. The alleged offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but aze not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and upgrading containers to be wildlife-resistant or wildlife-proof. Said notice shall include a reasonable time schedule far compliance. An alleged offender who timely complies with the first notice will not be subject to the penalty provisions of this Chapter. (b) All constniciion sites must have a designated container that receives refuse edible by wildlife, or such refuse shall be removed from the site by the end of each day. Such container shall be a wildlife- proofcontainer. (Ord. OS-07 §2; Ord. 04-11 §2) 8.32.060 Feeding wildlife prohibited (a) No person shall intentionally or unintentionally feed or provide food in any manner for wildlife on public or private property within the Town. Persons will be considered to be in violation of this Chapter if they leave or store any garbage, refuse or food product in a manner that would create an attraction for wildlife. (b) No person shall leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure, attraction or enticement for wildlife. (c) Between the dates of April 15 and November 15, all bird feeders must be suspended on a cable or other device so that they aze inaccessible to bears, and the area below the feeders must be kept free from the accumulation of seed debris. (d) This Section shall not apply to: (1) Any individual, company or corporation that is duly licensed by the State or otherwise entitled under law to possess a wildlife species. (2) Any action that is officially sanctioned by the State that would require feeding, baiting or luring of wildlife. (An example of one such action would be scient~c projects dealing with capturing and tagging wildlife.) (3) The feeding of wild birds, unless the bird feeder begins to attract other forms of wildlife. (Ord. 04-11 §2) 8.32.070 Violation -penalty assessment. Violation of any provision of this Chapter by any person, fuYn or corporation, whether as owner or occupant, shall be handled in the following manner: (1) First violation: The first violation of the Chapter will result in a notice of rzolation to an alleged offender. The alleged offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers and use ofbear-resistant containers. Said notice shall include a reasonable time schedule for compliance. An alleged offender who timely complies with the first notice of violation will not be subject to the penalty provisions of this Chapter. (2) Second violation: The second violation of this Chapter .will result in another notice of ~~iolation, as well as a summons and complaint. Two (2) notices of violation. within atwelve-month period will subject the violator to the penalty provisions of this Chapter. Failure to comply with the first notice of violation within the designated time frame may be deemed a second violation. The second notice of violation shall include a compliance schedule when applicable. (3) Subsequent violation(s): Offenders who have violated this Chapter more than two (2) times within atwelve-month period. or continue to fail in achieving timely compliance with a previous notice will be subject to a graduated fine schedule as set forth herein. (Ord. 04-11 §2) 8.32.080 Penalties. (a) The graduated fine schedule for the penalty assessment procedure is as follows: Perur tv Yiolation Warning First violation. $100 to $250 fine Second violation within twelve (12} months of the first violation, or failure to comply with the designated compliance schedule associated with the first violation. $250 to $1,000 fine Each successive violation within twelve (12) months of the previous violation, or failure to comply with the designated compliance schedule associated with the second or subsequent violation. (b) In addition to the criminal enforcement set forth above, the Town may seek an injunction or other appropriate civil relief to enforce the provisions of this Chapter. (Ord. 04-11 §2) 8.32.09[1 Violator's responsibilities. In addition to the penalties outlined herein, upon order of the Police Department, violators will be required to perform all necessary actions to remove or abate amactions of wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, cleaning or appropriate storage of barbeque grills, and/or the required use of wildlife-resistant containers and/or wildlife-proof containers. (Ord. 04-11 §2) 832.11)0 Notice of violation. A resident shall be deemed to have been issued an appropriate notice of violation if it is personally served upon the resident, posted on the resident's premises or placed in the U. S. Mail, postage prepaid and addressed to the resident according to the last known address given by the resident to any Town or County government department. If the identity of the resident is not known, the entity responsible for payment of the garbage removal services for the subject location will be held responsible for complying with this Chapter and for any penalties assessed pursuant to the same. (Ord. t14-11 §2} ~. _____. C O L O R A D O July 19, 2006 Reference: Enforcement Advisory ' Dear Avon Resident, I would like to express my appreciation for being selected by the Town of Avon as the new Police Chief. It is an honor to lead such a fine group of police professionals. The community has been very supportive and shown to be committed toward public safety and the protection of our natural resources. The Avon Police Department is also committed to these same goals. Therefore, I would like to advise you of three public safety areas that require our attention. First of all, wildlife protection is a major concern for the community, especially after the recent bear incidents in the Vail area. Avon has a wildlife protection ordinance (Section 8-32 of the Municipal Code), which will be strictly enforced and require the following: • All garbage containers that are placed at the curb for collection must have the residence street address and unit number permanently affixed to the container with digits no smaller than two inches in height. • Garbage must always be stored in a bear resistant container (lid must be secured) or within a fully enclosed structure. • Garbage may be placed at the curb for pickup no earlier than 6:00 A.M. the day of pick-up. Bear resistant containers may be placed at the curb no earlier than 6:00 A.M. the day before pick-up. • Wildlife attractants, such as pet food, must be stored in a fully enclosed structure. • The area under bird feeders must be kept free of bird feed. • Wildlife (other than birds) is never permitted to be fed. Secondly, residents are required. to have their dogs leashed at all times when off their property or when in common areas, such as at apartment or condominium complexes. Due to an increase in complaints of dog owners not picking up fecal matter the Town 1~fanager has restricted any dog from entering the play ground area of Wildridge Park. Finally, there has been an increased concern for traffic safety due to the increased number of residents and visitors walking or biking in the community. I would ask that we all become more aware of the traffic laws that regulate speed, stops and pedestrian safety. As you know, Avon is a great place to live, work and play in. The Police Department has the responsibility to assure its residents remain safe. We will accomplish this through education and by enforcement, which may result in a fine of up to $1,000 fox each violation. Our first priority is the prevention/investigation of felony crimes and the response to calls for service. However, as time permits you will see increased enforcement efforts for these issues. I would like to thank you for your support in making Avon a safe place. Please contact me at bkozaknea,avon.org or by calling the Avon Police Department at 748-4040 if you have any comments or suggestions. Sincerely, Brian N. ?~ozak Brian N. Kozak, Chief of Police New Trash Removal/ Wildlife Regulations In Avon Please share this information with members of your household and your neighbors. For additional information, contact the Avon Police Department at 748-4040/479-2200 or go to www avonnolice or LIVING IN ~-~ co~NT~y Most conflicts between bears and people are linked to careless handling of food or garbage. Bears will eat almost anything including human food, garbage, hummingbird food, and pet food. Once a bear has found an easily accessible food source, it will return regularly. A wildlife protection ordinance, enacted in August of 2004, requires residents and visitors to responsibly dispose of their garbage to discourage scavenging bears and other animals. 4 w. 4s. ~~ r ~. 'j~r- (~ ~,,t' rf ~ ~f (~' '. ~, (~„/' l.f r' P f~, , ¢. r~ h ~~', ,r~ r ~Jr f ~~f f ~ r ~~ ' Key provisions of the Town of Avon Wildlife Protection Ordinance are as follows: ^ Garbage containers are allowed at the curb no eazlier than 6:00 a.m. the day of pick up, unless the con- tainers are bear resistant. Bear resis- tant containers may be placed at the curb the day before pick up. All containers must be stored before midnight the day of pick up. When not at the curb for pick up, as allowed, all garbage must be stored in bear resistant containers. Beaz resistant containers are those containers certified by the National Forrest Service as such or a wholly enclosed structure, such as a garage. ^ intentionally or unintentionally pro- viding food for wildlife is prohibited; This includes the improper storage of pet food, bird feeders and grills. ^ All garbage that may attract bears or other animals must be removed from construction sites at the end of each day. ^ Between April ] Sth and November 15th, all bird feeders must be sus- pended on a cable or other device so that they are inaccessible to bears. The area below the feeders must be kept free from the accumulation of seed debris. Tips to help keep bears and other wildlife away: ^ Remove anything that could lure bears, and keep those attractants safely out of a bear's reach from March until late November, when the bears return to hibernation. ^ Place all trash in bear-proof containers or locations that cannot be reached by wildlife. Place containers outside only on the day of pickup and ~. the night before. Clean your garbage containers with ammo- nia or bleach on a regular basis to remove food smells. ^ Don't leave pet food outside or use automatic pet feeders. ^ Burn off all food residue and grease from grills, and store grills after each use. Grills also should be regularly cleaned with bleach. ^ Place only grass clippings and similar items in compost piles, not meat, fruit, vegetables or other food items. ^ bear f d N . ever ee a ^ Pleasant odors from your home can attract bears. Keep all low-level windows and doors closed securely and lock all lever-handled doors and sliding doors. Bears have been known to walk into homes. ^ If you have a weekend residence, make sure you take anything scented home. If You Encounter A Bear. • don't approach the bear • Keep your eyes on the bear, but avoid direct eye contact • Walk away facing the bear • Leave the bear an escape route • Do not run or make sudden move- ments • Teach children what to do if they encounter a bear. • Never come between a mother and her cubs, • Speak softly. This may reassure the bear that no harm is meant to it. • Do not play dead with a bear. Get angry and fight back. • If you are attacked, Gght back with rocks, sticks or even your bare hands. 2006 BEAR RESISTANT CONTAINERS Roaring Fork Vat(ey Resource List Colorado Resources BearProof, Inc. ++ 234 S. Golden Drive Silt, CO 81652 (970)309-2460 Bill Neit www. bearproof i nc. com BMC West ++ 38005 Hwy 82 -Aspen, CO (970) 925-4262 Contact: Marla Garlitz $ 299 and up All metal food Et trash lockers. for 32 and 95 gallon containers. Commercial containers available. Metal curbside rollaway containers. Powder coated. Volume discounts. $ 399 and up 95 gallon steel can with wheels. Bear proof metal shed. Shed fits 1 or 2 plastic cans. Colorado Correctional Industries ~-_± East Canon Complex -Bldg 97 $ 366 and up Box 1600 Numerous models in alt sizes. Canon City, CO 81215-1600 Curbside can to 40 yard roll-off. Contact: Jack Hadley, Dave Pagnotta 95 gal steel cart rolls to curb. (719) 269-4540, (719) 269-4500 x3207 Distributor pricing for government www.ciivp.com Powder coated. HC accessible. Roaring Fork VaUey Co-op $ 509 and up 0760 Hwy 133 Heavy guage steel. Carbondale, CO 81623 Residential enclosures. Contact: Mark Sours, Jesus, Wayne For 1 or 2 plastic trash cans. (970)963-2220 A Tahoe Bear Box product www.bearbox.or~ Solid Waste Systems ~~- 7855 East Lark Drive Parker, CO 80138 Owners: Brandon l-t Justin Mauk (800)944-7973,(303) 840-3390 www. bea rproof systems. com $ Call for pricing Poly curbside cart (64 Et 95g) SEE NOTE ON POLY PRODUCTS* Steel cabinet for (2) cans. Bear proof dumpsters (2-8 yd) Roll off w/bear lid (10-40 yd) - ~..< ~, #, ~, -a ~ ~ . , ,. ,. ~ ~~, x: '~ w ~. ~ 1 ~ [, ~~- : „- ... y ~ ~~. m ~, f "~ >~ •'{ ~ H t4 .« ~ Y ~ r~ * POLY PRODUCTS ARE NOT LEGAL IN SOME JURISDICTIONS: Snawrnass Village, Aspen, Pitkin Co. -~ PART of the GRIZZLY BEAR TESTING PROGRAM. CALL MANUFACTURER FOR DETAILS. ~~~~ ~ ~ ~, __~,~ i _...__........_.__,,,...m___.... ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970} 925-1936 Facsimile (970} 925-3008 GLENWOOD SPRINGS OFFICE The 1?enver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970} 947-1936 Facsimile (970) 947-]937 GARFIELD & HE~HT, P. C. ATTORNEYS AT LA'~X~' Since 1975 www garfieldhecht.com July 17, 2006 Via Email and United 5tate~ Maii J. Matthew Mire, Esq. Town Attorney Town of Vail 75 S. Frontage Road, Vail, CO 81657 Re: Crossroads/Solaria Covenants Dear Matt: AVON OFFICE Avon Town Square, Unit 104 0070 Benchmark Road Post Office $ox 5450 Avon, Colorado 81620 Telephone {970) 949-0707 Facsimile {97D) 949-1810 BASALT OFFICE 110 Midland Avenue, Suite 24t $asalt, Colorado 81621 Telephone (970} 927-1936 Facsimile (970} 927-1783 As we discussed last week, the Protective Covenants of Vail Village, First Filing, Eagle County, Colorado (the "First Filing Covenants") may prohibit certain uses approved in connection with the Crossroads/Soiaris DIA. Specifically, the First Filing Covenants state that Crossroads may only be used for "apartments, retail shops, service shops, restaurants and tea-rooms, hotels, lodges, professional offices, medical clinics Land] automobile service station sites." Accordingly, they would likely prohibit many of the "public amenities" set forth in the DlA (including, without limitation, the bowling alley, movie theater, ice-skating xink and public parking facilities}. The First Filing Covenants were adopted circa 1962, and like most planning documents of that vintage, they have become rather antiquated. When Vail Associates, Inc. faced similar problems in connection with the Arrabelle at Vail Square and Founders Parking Gaxage, the Town of Vail assisted them in condemning the subject property and the eliminating the restrictive covenants. We respectfully request that you provide us with similar assistance in addressing the restrictive covenants burdening Crossroads. We would like to begin this process as soon as possible, so please contact me at your earliest convenience to discuss this matter further. Very truly yours, ~- Reed F. Wetly, Esq. 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'cor~X; -between tYie ••~~i . ' : . , • ' '•.ti w7. ,• ,-:~ ..~ " ' r ' •~ ti 'fzs~..7 ~and~•8., whence =the':wtness'. -= • ^ ' betraee'n " Sect-ione .~=~~"-~ :~,K=~:`,'. ':corner :to. the .'1.j4, •cornez s•u~ch'- .. ~ ,~;~-•~`• ne.z bears •~S:O°2.3'E ` . . - ... - ~'». '>>: a ~.~ ;~.~~.~`rid'•8.,..also a: rock''cot ,' "_ !"~:;;°-; ••';; ; ~~~~,~ ~ - - - feet; 'thence- -5..89°+~1'•W. • . ~•.~x:..,;1 ~'~~,: ~ a :distance ••.of . Z 11.'14- - ' • ~' 8.93 f het ~. on ~ the • ;true .. .. ,~ ~~` ~~' :'sr "~.. .a;= :dis~atiice .of: -1~4 .Z ~ - . ,. . ~ . ~::;~':: ~• .~ the White •River..Nat~.bnal Forea•tt' - 3.: -> :.;;. ` `=` •boanctary; of - . ~ i; •;:z,. ._j. ' ••thence.~ N.4° 23''F4-. • a - distanc.e• ~ of .422~y ~$ . feett . '~f Y ~t'" •'- - ' 8°23.'x:; a,:-d~.atarice~ of ••45t}:22 .:feetp' - .~~• - ` ,;-. ~'. •- - thence.. N.. .: ..15 .. ... ~ ~ ~ ~•~. . `"•;.: ~" t'hence' :8 72°} ~~.' E ~ • a di:st~nce' of • 307 -feet r `;';, :: .•• .. ~t~2,`g,r. a.~;3ist~r.c° -of.571..E9 feet; . •``~•~°'~ .~-• !:;~. :theince"5~..7~°~27`,E:,' ~t-.distance'os 707.59- feets.: -.~ -_.. '•~ °23'W.' a distance =af :•6.93.7'7.: feet •to '--'i~< ~::: hence:, N': 0 , . .. : ~ • ~~~,~. ~t ~„ :~<~ -rf:gYit~-of-way :Line of--v. ~' ~':':`°' -. . •the;.southerl~r; •- • ;~; ~~ .No: '6 ;. •thence 5:79°45 :•E•. a .distance ::..~~':: 'of;:2.728-:0` .f•eet:~'alang. 'such.' southerly. right=of-- . .. :.~r~ - t,- ~r •. ~, ' :". -a :.Line. ;of. srch•,J. S. piig2is~ay No. 6; thence.° ;'.; ~ •w, X• ence ~~`` ,..,~~4..'- ,~.Ob~2'.E~.:, g •distance': of: T26d::I2.; feet ~? .. • , .:' -;xi;,,,.t'~, ;' •N~83°.OZ'W.;?a distance" of 4,2.•93" feet; .thence .. •• .. ,;;~ ~`~ .. °•29',W. ~ -a ..c1'iatanc _ ; .- ' .~;;: :~: .. .~ e~~of ~4~Q5.'12• feet;..thence• ... `' '",., `~~" ~ '`-N:80° 0'W: -a• d~.gtance• of-.10:44 . fnet';"'tle'}ic~e r~ ' - ,N;52~~28-'•Wf..,:•:a .distarice;.af 611. SO feet; ~•thence .;. -09 `W'.'; a' distance' .af ~: 443 . ~ feet; thence ~.,~, ~, ~'- •~- N':0° the ~ ' ' ,"~ • S :89°'44' W .•, • ~-a. •diistance .:of•' ~132'~ .,52~ feet tb ~ /• ~-~,:i ` ~ point of beginning. -• ~ ~- .. ~ :: /.:'. E':~:~i •f~.~T -iC!•Y l~ ~ in.. •. ,, .G.w.. •Yrr• .'yM1' ^ .., i .~ e ^'4 ~:+ .....r~~'..~v"~, ."S'rJ:`t "l 7_y: :., ti•`._~..:~_..t~...~~ :,.i~'~;:.1 i r..b ~r: ~ y'• • ",~'• • ~: .,'r?. .,M .;;' ~~ s . . yn: ~ ~' ~Y . ; b~. a- r 4 ~. 'J'` •:Y r ~: :t~•• 'r .:~, ~.ti wit. ',~;`t.. ;~= - `, • ::il ~_. :~ ~' 4.. .4' . . ~~.. •,°r . ;•: ~~ 4 ~' 4 ' ~ '. . •l~S:` 1 ^~• •~. .,• ~..: :h.. • U~• J' . ,7L Car. 4., ,.4'S ~~ '~~. ~ arid' ~Valy. Aa oc , ;~:x,~ ~..,~~,~x: ,_:4,. •-x ';~::.• • a~ 1;: Vi~:l~ znn,., •Ltd:;.. .~.. ~rs~': •~~:~`="~^''~... ';r~~o~•~a~.:~ti~rs., .desire,` to ;:x :i'.:.•• •~~s~r.;'zit?cT.:;~;:hereriaftie~:~aci~-etitne •,~: •. :~ :=~~~ :,;° ~;, ~ •the•~Tracta,~:Blacks ~~~~: ~`~-i-~~•~=°•r=~ 'ace•~'eer`~a~iz..r$at~i.ctii:on~:;~an,• the`;use.:.'of• . *~, !;:.;'.~:~•~~?~• , ~. •:.• a •~S~at :Fil:ia :...,£or-.• ''~ ~~'~~ra~ ~~~~~:~,:~~~,:_ -.:~rid`:JZ+ot$~ shciivn'i;...gti~~.~the~ Map '.of; vail''V.1~3;ag.,~!:. g;:.: .:'~~. .,•, ~,Y . °~yf~~~r•= ~:;._=,•"~.: .i~ :t .-'• ..~ ., . , •..ers~' `and:~`.th~~~; •resgective''grant ,. uccessor's::;:..- :•~:•~:, ~ .r ::g.: ,~?:_ :'~ ~~YiA:r ~bene ~.~ r `of ~ ~ . ~a' `;c7v,n,:•y,A;;ir~:°5r,~:, .,. ~ ... ~ .•aiic'i~ n~~ii.n:taiii "~the• ~h~i~acter. •~:.r' :.< i~ ~ aii~'~ :as~i:t~~is~;:`°~ri":cirdex~.~ta : estiablish: • • , , • . ;~:o"~' ` ; .;ati~l'valite:~of• real e'sta'te~~,r;'Va#.1• Village °~y.~ `;>~:~°~,:^ ,:~' '•'"' :_~'„" :ffiOW~~~ ~HEItEFORE;.~.in :congideration~• bf 'the premises, . Vaii~~ • ; '.(_ . ~~^:~~ .;:~ ~' ~.: '.:.~•:,: ;; ~ _ ~• :Robert Fowl r • :•sR °~r~" ;V~.'lage~`'Iz~zi,~ Ztd,:,•: acting 2iere:'by anc~~ thraugh'~J. ~ .• .. :s";~:t~:'~~~~- • ~ ~ - ac$ =;uri er:.•a.: po~ier•~ :b'f:.•Attcrney,. dated :August '3, .. .. ' •,f • ~• ' ~'~1~toic~i y~i.ri F. ... .. ,:,.~;.~~a.'~ •..• ..,-• :~ir;• .. >:. .. . /'?e~ of'.. th cif.. •the . . • 1962 e': 'records :. ' >` •~ recorded: i'n~~^.cio `/?' ~•'• at. Page'; . °";•~;:; ~"~°~•' _ ;`Clerk•,a.ni3':,-•#tecorder :;o£:•Eag].e •~Couriity,: 'Cdlcsrado; • anrl• Va•i3. Associates,." r r:,,~::..~',;:`'::'. ; ~~i~a•. •,< 'for:•.tYieAiselves aril tlie'i~r respective' grantees, . successors :. , ::`-:~:~~%:~~~:~`<'`:~'i~nd'::assigng~do'~hexeby•:iinposse,• ~establf:sh, publish:;ac]sxzowledge•..~••• ~ =.'.•a,,,•F, ='t~eo~;are`~'.and' agree.;with,.'to aht3 for, .they •bene~~.t off` alit persan~§ ;. it , -., ~r"", :who::.,niay;'herea•ftesr`purcha~e' or'•`l+~ase•~and ~r~p~i..'~iime to ,,thee so.••. .,'~,'i.• ~o~rtm:'.or"~'Iiold'anp. •of'the'Tracta.,•.Bloc'ka~.and Lots, iri. Vail~'~Vil.lager. r ~~'~ ~•Fi:xst: F:iZ;ing, that•~•they own •'and. hold • all. of ;the' ;lam i.ri Vail .. ... e•• i•=s P.ili sub ect to 'the fcI.•lrti~iing .xe~t~rict~ions•; • r `.R; '~codenants,~ :arid ~conctitio ,a];l. of ~wh'ich sha~.l-'•be~~'~deemed ;to `r"u~ j ,•. -!~. ,~:'• ~°;}~• ~ ... ~ e benefit •.a~f and;be bindirig,~ ~ ~~~. :'Y~<:>`;'.~=~~a.:•;=, ~:;=~w~:th•'''.~he~~, 3arid• and ' to' inu e; to : th ' • . • ...... • • ive ~ grantee$1: ~ "succ~ssoxa and. '~ .: ~., 4..~;~;:ipon`'th~•'::O~era,• •the~.r. respect' , , ;•' I• ,~; r `~:~~;~.~~y.; .'f'.~~`' :~" ~~.. .'PLA1tNING AND: ARCKSTEC'1't3RAL CaIITItOL~ COMMITTEE ,. . ,,,••, ' g` anii• Architectural '. ' ` ~.,........:. . ~- • • ~ ~ 3.;. l..', C.:_~i~tEe . • °~The' Plannin ... . "~~•'~;'`~ ~;' r"~`•- Ciiiit;61: ~CcraaiXttee• hereinaftex~:rreferred to as,~The ~omin~:ttee, ~'•'"+~~`•'• ;r. ~;~ba.k~•• ~'o~rs`~:st~•of; .f' v.e°faembers-who shall~•be~c~esignated ~Sy Owners, ' - .' .~. . tM~ir;,s•ucces.ig4r ,off signs'; •to review, study,=. and approve 'ar . ~:~;;~.,.,•.,~,:~.; =s~:ect'':pr'ciposed. ~i.znpr.ovements ;.wi.'thiri 'the;` area described••,•in .the : ' • . ~ : : ,' ~:~ r ~ - of Val.1 !~Villager•.• F'i:rst ~'i•liisg,• of tahich• these'• restrictive ,~ ` ' :'~. ~~covenaats . afe }wade . a -part: ~ ••. ' . •• ^' •'" ~'~~' . J; r,. ee' shallmake such •• rules • and ' ,~r:;:,,• ~a^,..: 1:2. •'. Rules:: ,The; Comraitt :. Y~°>'~_•`~~ ' ,.by,~laws arid: adop uch ~pyocedures as. ,i:t~raay •dee~n, a'Ppropriate•.' :jw `-•~ •r`' •'ta gouexn; its• proaeecings : •.. .. ~ .. .. . •~' j ' ;~: 3':'~•• Acp~oVal ~ of nian. °' No building,.. out building,'. ... • ~ ~,:. fenc~,,~ wall or . other. im~irovexn~n:: •shall be ' constiructed, erected ~' ''~`~~• ~ ~ or•:~xnainta~.iied ~ot~ •.any.• Tract,. ~?.ock ar Ldt•,' nor .aha']..1: anyaddition ,/' ~~y~ •~ ' ~-;~ ~ theretq; 'ox alterati,an .therein kie made, _ until •plans~ aril epecifi- • ~.:::;~'~>z~ ~-'';~'' 'cations• '•shaa3.ng. , the•• color; ' .l.ocatiori.` materi'a'ls, • landscaping, ~ .. _ . :'j;:;;:~~• °~'.:~.`~and such.. otiher: in~orma•~`ion relati.ncj~. to ,such." intprovernent 'as: The • . "`'~• ~'C~niittee'~may, ~•r~asonab~ly~require shall have ~been`.su~i~:tted to. •~~;~•~ :r axid'~ap~re~ecl. `]ay Z`2'ie~ Committee £ri `wr.iting.. '. '•~... ` ;~`~~` ~`~~''"~~~ `'~ ... •a.:4. .Criteria. . In:'pasaing upon "such. plane and. spec#.- . '~> -:• •' ~~~^'~. :ficationss r tihe • Ceaiimittee slialr]: cons'id'er : ; . '.~:. "r ' .~ ;' ,. ja .~•' ~~: ~•+" •. )': `:i, 'y~.''.. .'yt;•P.°• ', ~~~£':•' ~+ -'h` .. 'teary. 'k; tk~' .Y 4, pi;`y".i- r,. .d: :~%%o"~: .•1z' Y~t:'. i,;:r~ .',~!r.?..~; '.. ~~ •: i; :. '-sdi: '• ..+- '•x,. ,.i. '•.d,~ ;~; ~~` ~ .:y ~.~:";r :r'f ~.• .. s..•-.n.r.. ~ 1. t%~ -~•, .' . •y 4•~'a~';,j,~~,~ja~:~"~3i•~y'•;;..; R:~, ~ L~i:r .1..'}3'-y .. {^~,i "i :. •°i„ .r.' x, •'.t. .M.' 'r" 3t`'• 'r. ,~.:. "rte . •'..i•'~,> . ti`ir,:th::'i: '•/:M•'•'O: I;"'Y .n .'[. .t- • 'Y ~[: - ~~~.-.51~ ~ti -Ai •. f. I-~C~ . `•~} i si :z}; ~ •rv ., 'e y. }.i •A~ .j: . [~ :%:~:cy ' Y!.: h.' y •,~, - ~;, 'i • T t'{:; ~'. :3A' _ ~ .`.; . :;~•: `, i~ ~ 1. ~ • ~ •... - • ~ . •.4'. .:~ a Y--. •). v' , 'fi t i ,a ~• 'Y~ .. - '';: ~V :,~3 `•.i' 3;. ',: ..~ _.~ l ~ `~. ...i ~`y. ~- • ~^' .r • `~ ; ~. .•~: .~~:•j.~. ..~: - ~r' i' !~Y~ A ~A'.'• : J.: •'A r .t - V: .•{ . 1, t . S. `_.:~~ ..~~ ~: , F:. ~.r,'. .'; ~: .. ±'. . :;~' 1 L^."~ ~~. ~. M.. ;•;,. ':. ~:`. ,a i. ~..'Ya. , a.. :o:' 'S :~. ~ + ~;:~ . at ..,~ -S~: 7 ~' }l '•..~ ?{' ++~ ~:. a:: ~+ x=_ `t• . y tAf. :~ :~ en em •i• v 'e h •~t°- ~:~ a:s. ':`of' p .~..y .•~~~ ~<; -~:!`~:t: 8.:~suitability, -°;" ^:~:.:y1 •_~tiu?;~:~fr~~r ••c2i~;i~t.•:~#.ss_'~to }~e~~:coit~tiuC~ed,Cb •zhe: si..te•~.upon. ~i~~:i~ ~,:: _xtt,;~•,~~•~`'~~'•_ • ~N ;~~ .~ ~•i -.~ hb or i;i;~ i; ••~P ~.: a ~g~ •. a'~i~ ~an ~, ."~>>~~. -'~', ..8~. cif •1~, {: •~ 'men .:.'~'° M ~' ~~ Yr ti~.iz~c1~: ~:, : ' ~ • ~to be u _ ~: arials•. ~,:~ •.a,...th ~;r:a;. :~ :'4 .el ~~~ ~.. •veineint:s` and••: -', `,. .: y.: ,,4. ~.;aaxi` 'deed • ripr4 . a°~ .; <.. v ;~ w.F.. •;~ ,r '• emez~t'•,bn ~.' ~k' ra cised~~ iiaprav ~ t • ~,• •.p. •' ° ~Yt.: •'r' '-3: •e.,'etf`ect ~~of: any p P ', ~' :,•~:,,x..'.4.: ;;_~ `4-• ~~ arin~ rtipextY'= ~~ -'~ • - .. t ~° `'butlt~olc~•,cg':an ~ adj•~'cent•:oi rieigTib ,g' ~. °• _ . .•a •.w'-•;r•. ••'A~: ~?~; y_.i~• iMteel.,t .,' ~ ` . ;•'ti~-~b:•~ ':;~~' h2(11~ ,:.. cbj.sct~.ve ~of~ *~he; Coattta o: m3~ke;~ ':~ ,' ''4~ ~'~``: ~ .. '~ `il5 11' ~~; so'similar- or so: diss•i~ . • ~` ,.::°.Cer~aiii'~:;tha a~o;;.irapraveraent ~.• .. . ':.~ ';. 'tia~ . ;f,nr~tbe~•~vic~nity tYiat ;•val.ues;; mozietary•, oz aaestlYetic",. ~ _ ~`.~ • ;:o~Yte~c.~ ~~ . r•~. w~:'Ik~;,:.';iinpaired~. ~ '" _ : ' ^'. ~ _ fir. :: -~~ ".~ ''a ~" •. .. Effeat cf :Z'kze~. Cpmnittee s Failure: tn'~ . ~ t :s~~ .t.•T~Se.:Cdn~caittee fails • tom, appz:ave •ar disapprove. p].an~~ and • : I. ;•'-y•`.'•',.~'.`,~ c,:ficati.oris-.sulinitted. to it•.within sixty .days af;.•seibndie~iois ~ t..:... ••~~ . •' .. been' coamn d: prior • ~::.;~:'~:~• :`• ~tio•.en oin the construction has' eiice .•~;" ~' : :.arid' •.no;=. ~isuia. .. j n e•r" 4•'::'. ,. . approvai •shal~: zaat" be: ~zequlred;~'a d :; • ,.~:. ~:.;,`: ~:to';:•the.-•~a~ip3.'~rti..on• thereat; 1 - :.,~_ ~~, venants~ sha]:1, be "determined to• have •beeri'' fr%l Y;~ . , rj::;M: '• t8e : 'ire ~ted co ., .. •(. t},., • ~. '~~: . ,: ~• .. .~ ~ ^ ~ ~ shall x, ~, ,•'`~1! . e alancls in Fail::,~Village•, 'Fir'st, F'iiinq., ~. "• : ~~. ,~; ~`,... '~ . , the fallowing pure s ~ .. s: `~'ki~'~used~ for' o es s • , • .. - ,,. . ,:~r : ~ ~ ~`„ ks ' 1' and 7 aha•ll . be~'' used only. ~ - ~ . ~in~ -B3 ' Lots ~ The ~` ` . ' . ' •~ ., . ; ~ .. ,`~ . 2 : l• . ,t. ~ se arate •• riv~tte°='res3:clences, eaa_'h •~o .contain .'not .,mare than: two P `~~~' ~!"for , . ., . . .. : ' ~ and. that ~parti~~af .... ' ~ ~= ots •~ Slock ~• ~ • ••~, }~~~': • . cu~iered ., L ~ The ' • " . ~:•: . . ~ ,r ~.;.~ , . ~,•Lo s 1-T~~ unsurveyed"•, 'and "•~.ote 14~18:unsurveyeci shiSwing 5 ' B~ock ~ r• k ~ tar , '• + . _ . `` ~ . •~sha 11 .xte : used .only • r raw-ho'uses'. , . . • ' • . .5 , • 5-A+i•: '' oCka ~ 2 . 3, ': dts• in • B3 ~d`~L ' ~ ' ` , . , • ter - ~: .'let : 3 : The ~ 2 • .::•• T be'•tuse~: fo~° apartments', •• retail; ghcps, : E shall 'S nd' ~ '° '= ' ' :. , ~;. : . : : .. a . ,,: • elf dodges,; Cry~;S~ ,~~,. .• _'. 5 , .. :. t'ea-~•oo~ns,~:hctt ... .. apcl Sa~ stauirari ~` ' . ,., , r.:. , :, ; ~ •xe ~laops; 'aerv3,ce. c].irs~:~s .: • '''Lots M and:'~;N i~ ; . '• 1~dical l es~ ' ' • , . u anc .. ~':profess iar}al ''.of fic sed' as' aut4mQbi^le service •station.~ sf.tes• . ,. ~ ' - „b „ m ~ .: ~ : ~ u • ay' ~ .. '~ . . , ~ { 5~D Block ~ , .^%•. l.:v _I. .,,~.. :.. -/ t "y~ rl..:' ..Il: .t...~M6 i+.+p1M. .. ~' .. ''1 ~.~.. .. ~ 5~ S '' i'. ••• t~ S`• ~~:'.{."fir r :!'~ w •" ~4 ~ .•ri ~~..i.'~0`xa•~.w~:.'~1''s~. t~~~,~nii4di: e• w~ iK•~.'.~~ w .,yYi:~::::.:%h«iY:,i:.~ •~~,.e:. _ .. ., :~.: ~:' SF. r ~:: :~ •oc'k `.b': s2ial~1•' be . •~ts oir ..pr ~~.:., •24;:•• .`1`he~ Lots;.'in Bl .fir t;..,..:., ~~" - ~~;z:: ~:{~;' 'x"esderices` •.~aulti=fami:l • diae2lings,•~ ai~1~. nieinbe_rshig.'c].ub. `house' .:`' ~:,~: i 'rf•;.f!~:~ ~~en8` ~d`: o~ i~el1. 1i uo~s - ' •f .. . . 4 ~a. •r°~ ~VY• ^, :> . ~~A• . ~'~ :~ a~.`';.~i~• .ar@'dB`.• ~ahbant~ ass •~~Pwl; •'~•'<- ;•~• ~,,,. ~ 2'•: S'. • "Pra'ets ~A•...through: ~J• `and •txie •,.~.5~'-?;".• ~~`~ ^ ':p-2'• ands .P~ ~•'sfiall' •b~~ dec~~catecl~,•to ~u~c2f ' titse ~ ;as= V~ciZ `Agsiic~.ates';4 '.:~' . . •:=:1~..-.:-~> '~~`:'s:~a.,`' :arid'°"ita•• succeaeo~s'.•aix~ .'a~sigris .ehall~':designat'e; ~but',,i.n . ~~ ~.,~ .J ;:.,,xr~.: `~rio'• event.' sliali :aucl- desic,~ated:•:'u$ '~be•••;f:riarni~istet~b :with .t}iese',~: ~~ Y'exti,.;;~._'. .3 ~:' •EASEMEDTT$• ~AbiD'. RIGB'~'8•-4P: YtAV. • , • .~ 'Y~~h•' •~ ~3»•~....: "Eaisemen~s~ aridsrights-af-w+ay'•for. toad's; •l.ight:fng~,. • , . ;.: ~~ti<~r<.r•:ha'~~J.iig~:• ,+axe~•kric3ty.'~•gais, te].ephane,••.`water, aewe~`aige•;'•bzic'l•I,e ; ..•~~~ •~;~~` •:„x,.;';,7 '.paths; and:-~edest~i~n• traffic;' .and.' any .other kirid~•;a~: public 'or • •.~. ~ ' .~~;. ~ .~ .~.:. a plat ~';~~t~~.::~'~' ~.:q $~` ub.l~.c>•~u~111~y:~service•=are reservedi as• ~sho~rzi•~ 'bn••'th ~ • i w.w w ~~ "'bf.'.f~a~lY°.?~t~.Zttge ~First~ Fi].i:ng.. No •fe»ce;• 'wall.;'>~'hedge., ~.barxi:er,' . ~'~''•1'~;~~<• ~:~~or'~'other~ •~itapro~eii-~eiit•• sha11 be ~ereetecl~ nor ra~i2ita~i~.ed~ a,long~•' on;• ,F . `, ;~°,- • acrog's•,or'.'witliizi ,tlie 'areas reserved 'for •easenien`••.•a'ii8 •irights-~ •~ . ~5~t~~°`•: :`'; ,4.~ ~ STGDTS.•.. No•.sigxis, •biilboazds~ 'poster. boards' or - ^~;~:~,:~~~ -t'~~: 'd~.'•~': ;i.s'i •.tructu a .~f a kind slsarll..,~e::ere~ted.•or •maintai~iied ~• . ;fix„ •, ~~~~ •:''• ~;,,•a v ~ . xig • ~ ~ ~"• . • ~•• • ~ ~: :• i;{,`~ :~° '` _ cSrf :;~l1y :~2ot:°'or • structure • ••£oz•'ari urpose:.:~hatsoever • except. such • ~: P. .: •. ~' '~~;'•:sft,~is:{as.:2iave :biaen:;a iov~ed;`.=.by Th~• Cc~ai.ttee.•as:;~riea~bnably • . ~~ ,. +.. f nec~'ssary;.;for*tte identifi:eati:on of resdenges• .arid' places fo'f •. •'. ,~r ~,;~,,.`~ -• 5 . : WATER ~ AND ~$EWAGE :' •.Eac2i- ~structi~re: ~ designed fox ; ~ ! • k"*~~'z~•. ;•.' .~oc a huaia~~be n~•s .•• ie• :with•~the••:water••`.r~• r c'~i •xi4y~..j~'ir::axs ~•~aY: i :g •shril:l~°conn c~ "t. k y~~r~::~:; `.; .~T •. ~ •. ~ •• • $arii,tatidn • Distz~.ct ~ ,' ,;.. ari8~•~sewexage°.facilities•:••c~ the,.Vai1 Water>and~,• . :a=`~:f;~. j~° ;.No:~~irivate we~:•l:• shall•'be :used, ae ~ a ~~:source• ~,vf' water ;f'or` I'i~iimasi . consume-- • . •~~ '~ '~~; `•ton• or irrigation' in•:Vail ;'Village, .Pi:rst• •Pili.rg, 'nor stia•11 •an~ . ;~`T~i'~, "•' ~'fac~:lit' other: •thazi • those .provided _by••the. Vail' Water .and; sa~nita~- •• .+ f~~r:;;^ r~ ~ tion;liS.atrict~ be used Eor ~the~ disposal of • sewage;. •.Me~hanioal• `'':`':~~':~~ :;~;'`~~ • a • e clis• ossl~fao3:~litieis 'shall b'e; provided in••eac2i -kitchen: ~ . r't•~4-"•~ .• :~•9 Wig,. P, .. ' ' '~•''~ . - ;ox fot~d~:preparirig.•area. .. ?,:~;~'` ` , •, •.• ~ G.'• ~ TRp.SFi xitfi, Ct'1RB}1rE. No trash',., ashes or, other:•~' ,,:•;.,.._:r.;:..~; .:'::,..-refuse may' be thrown; Qr: dur~~ied on any land :within' Vail •Villsge, " ` `..•:•' ':.• :~Fi:'rst.•Filing. ~~ T'he .bti~ning di 'refuse out;~of •doori~ •shs11 'not be .~';::•;•:•;.:.., ~ ~:•,~ •: permitted: in Vai-1..Vi].1age, ~~.rat Firing. ° `Dio..•incinerator or . . ,:~;`'..~~,1~.~~•~~ ~ ~: other' device • fbr~;•the' burning °;o~ refuse indoors •shal.•1 • be •constzu_ e= . ~.;~. •~>'•'=~~'~•; :•::::•• : ` • .ted, : Ynsta.l,I.ed• dr •tzs~~Xk'~Person• except••as 'approved ~by. The .• °•' ~ ~ .~ •:... .. ... r . • .' .: ~ r. .y.. •~• la- •`r `.p . Z . .. - ~;. -;' a' .~`~~}:y:s`~'C,:`omii'stteie'~::'`.Esc •ro rt ~er• ~ 1~ r ~vii~e'~ suttx~-1~- pace . . r ?4 ~ P , P~ Y cwrs ~ ~h~d`.1 p o p- ~•:".~.~ , :_{.. .;.,y wJl;:..:a: ..~; .~1. - ~• :~ a ~s ~~I1 • - ~w t c~ ~ `~a~C:~-t'tti~oilect•loai~•;o~ ~refun Siic2i•~ r. captalc2 •'~ha`"'.-~R < <. • ~5e~~s~~'~exad:.f~c~ai~.pub~r'~"v:i'ew and p'rotected":fr6rd;distuzbairioe.:• ~~'~~.'~ • :- ;:. :•.w... *.~~.i :1i~ , r 7 j .8•• • v;;~: <s ~ @ oCjC .•_ l~W~~i .t ~~.: :7'• `'iv~iszocx:~ ~~.o. an~ai: ~i~:~r at ,:yr ,'` ••'(i . l . ~,~ '•.Y`• ~`•;'r,: ~~ltry;;°o~~:'siiy~k~ind'.eai~epC:'dogs:;~ Catu.••arid~•:other•.haueho pa ~'?• ~.1x.~}~e'°..~tept.;'sa~ad.c.or.•~brerd:._in•:~Vs31~.V'il~lsgeT.~?irst•~1!ilitig,'.• . ~-' :.,:~~.• :;~,~:~ .~>:•.~,:' c~~,.tw;~l.ti°~~areae•'dest at .:.• _ The'`Coi~i t ~~ t:~.,a., . ;~:. ':n:. P Sri . ed~ for : •a`tioti' ~ puzposi~s ::~! ~ tee:." .c. ~: ,: e~,i.~ .. FJ ~.^ S "I ~~~` '6•.•' -TREEB~.• .lio•~tree• a2as1.2•be :cut,; r1~ ,o .. ,,, ;k., en•'a pzovhl.°' '-:.xizi":,.`~ir3,1:V1~2.lige,,':•1-irat:~lili:iq::exaept.•wiCh prior~writt. ~. _:`~• ~'so~>. :;Cieaiitt+~e..~.'ani~ ;by.•per"s6ns:~d'e8~.~naLed•:•b •°'~`le,' C~aiaiittea;~ ,` !~l'. ..4 .. + l' 'rti', •.9:, :SET si-CK':It14GUIR~-tAtTB: ..•'i!h •5. e era e ~O•. n 1 ::ragui;.'•aiiieret"~'for~~'.`the`~lorsti • f• ~isipravameiita .ai•th :~elat~on. to `':- "i. .t'. ~_: -~x!spaE..Y..•1;Lhiea•;.`:htit• tha• locatirx~ •of~. sach• f~aproveaient`•a~tist-2ie • `' ~`:~ap~ic - "Lp adv~isc+~ by .The~~'Caa~aititte. In. deterridning, tha proper • .• . -~ `~~=:~~.xoics+~~~ fo~~,.eaah.'ampravelaeiit:.•The~:~•Ccri~ntitee aba•11.•cai~idor tihe• ' • _ '~loicilti~i ~••o~'• existing •a»d`'-futnre • iar~irovea~ent~j ••a:i ad) aceat~proptrty, : • •' j• ~`~t~ie;:wis~ is~•'`' Qf ••ad j acerit-•. propertycwisera ;. •acid: 'such `;other .>sosseta•ry ' r . ,l:_, `, . h':~. ;.Qr,~desthe~``i~•'co~aidera ~o»s as •it.~say.•.deesa appropriate,;; • :.<~%: :xG.~~. Li1~D8CJIPI~• 11xD Cd1tDl~tING. 111.1: ~swr~ace ,arsaa •• •~ '~ :r°~ :;',. ri~cbiid'>_t~y-;~oo~ii~i~cticn••s3ia2.1' be.. returned• promptly Ito their ':~.~~~. ~an~iticl~coiiiliran `arid ripiarited. in~.r;ative`c~rass.e~; except.where. . such:•~s,'xea:"i~re::to be'amproved .;by the:.cvna~~~udtiosi •of~ ga~dana,~. ; 'lswti~•;; ~aid•, exterior living• `areas`;: •w~iich'~w~21 tie per~ii3tted only. ~ ' , s .. . alter ~.he 'pZanir~ .tli~ere~c~r atii'l1~Yav+~ ••beeri .approved •• i.~' .The: . '~• _ ';~~•: ;ll~~,i°_'.t•: ARB~i•.~A~VIA~TB': •NO at~r~icture,'deecigned' for~ : • °h~i~ts~° use ' o~.::ttiibitat~.on • shill: be coti~tiuated' ~nleas 'ttie iggreqate•. ` ~ ~ ••~~logF;;area•,' exclusive' of 'open porctita: ~baeemerits car orta and • . , , ;:;; ~~~~•'. ~":'~• :gai~iges;: `shall tie'.: in•. dxceas of:- 9pb~ square feet:-'_ The Cc~aoaittee . ' •:;: .`~ahall:,~.datat~ine • •fran :.the;•dssign of~ ;the . in4proveQaent whether an . . ''~' `'~ r~sre~t~'.v'hch ~~ie>•.p~irt Ya•1•ly De;l:a~.=grade' .atsa'1.1 • qua.l ify. as areas •tobbe. ~ . •,~. '`=i»Cludid`:xithin:.tate.>tilsii~.pir~aiaaibt.•~ ':i.ea ~ • . •12'.... •. -TINIDZ •~]W1~:. tto'.~w~d. .name •.,iya~Doi..• or 'caabination .. ~.'ttisxet~h'~~itisLi.•:ba:: "tisad 'to: identify. •foz~• caa~.netcial purp'osee.'a house; - •~~ •' .•`. ~-<:-~ tzurlture,~ .:biuiness.•`ar'•eervica~ a.n•••Va~il•, Village, =!"first Filliiq,• :"•'• • . f,_ . ,' .kess:-fhe:••sam_ e, •s2ia•3.~1~~:h~ive:' been .~frat` approved.•••in •writing•,by The••~ :.. . ~:.~:,<. , ::' .. ' •13. `•' •TE~4R11AY'.3TAUCTUAEB. 'iio temposs~y, stzucture,-'. : ... • . excaiiation;, b~ys.emsnt, • trailer or• gent ,shall-"be permitted, in Vail • . . ~; • , ~ ,~ ' ""a: 'tiff. i4'4•w .. _ .". ... , .. ~ ~ •5:::,;:'?y.{.•; ...._ . .. , ~• Y:/' ~.. f" Sa: ~ k°~ .'''.„ . . ~•" ~ , ~- - ~e , ..~.' .r - .. t,. ''~.~. `r = ' ~ ", t. = 1'' ..1 ` •~V ~. ` `4 n.a• :'Y . .•!` ,r ~.; ~ , ~~~ : ~ •y: *~ , c"~ _ ~durin .cony-:• ; ::~, ~ ~~~•~ `+•' ~axc~ ti~'~' ~1~~ :~- bt•~' neo~iassry'. q:; r,'. ~' ':~, :;`~ Yi1~a s;~;.~l~rtt~-elf liinq,.: p. Y ~: ~i;t~i; :.~:. ~uthoriz~'id '1"hi ~ tt-e~:'" i ,.., .p:..:'.5''' ~ .. ' .shall: - .'p ~.~~;~,. '::ccawibacd.~.ri`.Val.1 t.V,llage,:.:;lrst~::'r'a,a:riQ~ •,„ -~•f" ~'r~ ~ ~~-;w:` _ ~c~ l~itad~~~wltli3~ii': ~2~.ie~ast~s"~ .. ,~,:~ ~~ .:,. ~.« ~ i~l`.~.ti~ly° ~tp..cc~pl~t~:ori •`#nd,,;rhali ~ hii' cigp• . { . , -'~.~ '~~. "~~; •. .-:~ ~ ~.wiclatin cc~uirnt"of~:'!'h+i~,iCrJlitit+ir'ir::'~` ,r .... .. -, . ~;;~~~ : oi~ ~ ciiciis~nti -` • axe pt ~ v-ith .. , `~ r'- '":! ~r - w.i~' .C~ vi ~ .. ~t~~~~~,> ~r~~ ''=or 'i ~aet s~ 'i ~f.!` nir tY• •:oo .t ~~~ ' pYiW1,~4i4- •'~Q ~~ ~~ rv'.'~ ;,i_. isd • on. "nor.- s2a~:1 ari~j~tKi.~q • bii' '_dona"-~o~:. psr~iitit~rd. 'Y~i'~i,,-~ ..- ..shsll'..ba ca,rr l ,Y !;, ~'%~'~~rh'~'~ ~~+'fiic ~s2iall~~cccii~ttiuti.}~:•-pi~bltc•riuis~nde:••i~i Will. 'Villsgs:, •liicit: . :.`; '~~`4.• ~~~~: ,5. 'i•l' spa er i .~•- + bur ~.r ••f• i 1 is .OY~'Otha `~.5: ~erlcli~ .r-al ;~ '~<_~,~ ., I• . tb~ s' o~ ;~enclasinq or •de~sz~citirigr propert?° ~` ~'Y." _ rie/ • in B'~"a~~s~~1. f 6Y.:and'7 ~ ,, :, .f . {`° - iTl~'gCT..~•""fitTNcTI0r1 :Ot ,C~iVSw11xTl~.: • "!'he" ~conditians', • Jt ~~~~ ~,~. ~`• "rsstirictions:.,:i.+~ipulat-l ' agxeeaasnta ar~d~ covenants' ~cdr;fsined:° .. .. ,: ~•~' ' ~;4~'i~' .}F~srs~ii`i2ia11".be'`foz. thi b~aefit~~of• and'.bindin4~ upon;.asch tract ~'," ~~. . • , ..=~ ,iii~:'Vail~Vl:llage,~• 1-irst~.Pi~ling and ~~ach~~a~nnRr, oi:;prop~rtY`•t3~rsin, '~~w=:~:. 'liis:'~stice~usors,~::.repres~entiativ~s .~iixl," sssgns .•iirul:s~s11••,continr~rt, .~ ~;~;" ~orce~axid"••e~fset tint•i•..Janu`arY~.1,~.L99~"; ~7i!t'':ahlcA•tl.~~ ;~ . }?~yt";,~~~~~.'~' `~~.•, ..,bii"•:autc~watl.cill ~extenderd...far S ttucci~ssit-e •terss of~ • '~tbiy.;;'al~t ll.' Y sir;. ~•10~:j~iais'.~c2i;:' . _ ". • `.. ~ .. ~~''; :~. :~ ... '. `..~5.`coc~ditians..~-'rast~ictiais,'. ~tipti-~ ~ . ' . ~'~':'~ ~ ~ °. -18~. ~J-Mt~iDN~T ' . ,~. ,:;';'' }•latiaas •• :agrs~n~s/~~~utd" coye~rahtr '`co+iitaiirsrd!hei~t~in', kihaxl.nat ~ .y i ~':~~ts, ,,. ~'~'~ vaiVsd;' abandotss~, ~ terainated; f'Or ia-slyds~i%`sXC•~t 'by• UCritt~Ti . ~ . ='~``~~~'~' ~~µ'ccei~.ib4t.;,ol:.;ah~~'rs:•~of':7;5%:of; thi y;=ivata~ly: ~iw~e~d .laiid~ ins: _ '~ ' . :5~}". .;~ elud~d;~vi,thin:: t~s~ bbia3dsriss...of. Ya31~; V ~ ~%• ~~°~: s*~ "fEial''sailie'ulty••ttien .be' s3oarfi,•by~ t2~e ~~lat• cn• life- ~n• the' ofiicfl ,: ''`=` oh'~tht;Claik:ai~d.-R+scbidir•'of 'ale. Coj~ y: Coloruiio: .. •. .~•~ :~; - , g.` ~!'~.. If.. ~ •pexs.oei''•shill viol'ate~.:or• ``'~x ~. ~ ~~ Y~ ~ any'' ~ - "+'~' ,~"~~~ ~~•~ +i~~'LO ~ l;i•:an,'y 4f %~i: prav•fsioni ot -•tlfis~•~.turLirtsMrnt•, .: thx'~at' 'vi'O ... ~ ., ... .... ,. `~;-- - b •Zswfxil ~~or;~any~'~.pirs~xi~ora'pe~swns oare~ii~g~'r+sil, • ;,~:••.: ':' . it shai•1' . ., ~~ .~ :.:~ ,proprty....l:a.Yai~2 Vs•Llage; `ai•rr~ •t::iir-g; ••to'.•iz~atit~utts'proc~iAdiltq• f:..T^ ,.;~„ . at.~.Ur+ oae ;ia.•'equity.. to~_er~~:nxr~ Yha .provision 'oi ~:thie.:irisrzu»~." ,:,. , mutt.;'.' to'. restzsln~ the; pezsori vitiating' or.: thiceatsniiig to' .. . ..°. vGZ d~r7,ages,• actuirl. amd puniti',v~s;.•=for;. ~ ~ ~.. ~' . :;4~. viglst4~'tham,:, anti to rar~^ ~ •' :~• :•' ~': •_ soch~':.violitia~s :.. ~ •. ' . r ~.. ' ~ • . ~- ~..- ~ , ~ s -,~ ~,s , ' ~. s' U". ,. ,- / \ n ~ --- ~~ ~~ d ,~° ~'. ~~. -n O 7~ ~~a O `~ ~F ~ ~...._ __ ._.. ~ ... _,., .~ _..,,, ,_ _ ~ --eJao- .._ ...... _...._. ~.v.- ~, <. __.. ` ~ _._... ..~ _ t ~ ' '~ ~ ~E\ UNPLATTED +' gyp' Ep,S _ _ , - ~~ ....~ ~ ' ~ ~~ ~~-~'~ PR. LOT i5 ~- \ )~~Eb~~` r ~ SEWER EASEMENT ~~,. ~ ~~>{ ~_~ h~ ~ ~ ~,. ~ 5' TEMPORARY ~ ~~~ ~ CONSTRUCTION EASEMENT '' ~ LOT 15 VAIL VILLAGE. SIXTH FILING I i 1 SCALE: 1' - 20' ~ I DRAFT 7-7-06 VAIL VILLAGE, SIXTH FILING PAIL, COLORADO PROPOSED SEWER EASEMENT AKKC)YO ENGINE)=KING, wc: CI\1L F NGINf LFINGiCON541LTIWG v.a. e~~. zv~ ra.~.m, Fu,~ r, u„li um nos] reaw..a. ~~~~.. m. ~ raw..aa,c~m..a~xlfir_ PIS: (0]fl)92fi-2]2x, Fx: I~ioJ 0262]711 Map Output Page 1 of 1 ~f~~` n~ ~: ~~~ ~~~~ Y ~~ ~~ ~~ ~`~ ArcIMS Map ^ ~~ f t~s ftir / t,, D :~- `j'~' ~: -1 I'iCopyright 2005.Eagle Count __Government Disclaimer: This map was created by the Eagle -- - y - - County GIS Department. Use of this map should be for general purposes only. Eagle County does not warrant the accuracy of the data contained herein. http://gisweb. eaglecounty.us/servlet/com. esri. esrimap. Esrimap? S erviceName=overview&... 0'7/24/2006 TOWN OF VAIL, COLORADO ORDINANCE NO. 19 SERIES 2006 AN EMERGENCY ORDINANCE REPEALING A MORATORIUM ON THE SUBMISSION AND PROCESSING OF BUILDING PERMITS AND LAND USE APPROVALS IN THE LIONSHEAD MIXED USE 1 AND LIONSHEAD MIXED USE Z ZONE DISTRICTS WHICH WOULD RESULT IN THE NET LOSS OF ACCOMMODATION UNITS, PARKING SPACES AND EMPLOYEE HOUSING UNITS. WHEREAS, the Town of Vail, Colorado ("Town") is a home-rule municipality organized and existing under the provisions of Colorado Constitution Article XX; WHEREAS, the Town Council has considered and adopted, via Resolution No. 4, Series 2006, amendments to the Lionshead Redevelopment Master Plan which would address the retention of accommodation units, parking spaces and employee housing units in Lionshead; and WHEREAS, while the Town's appropriate reviewing agencies were considering of the above-referenced amendments, the Town had in place a temporary moratorium on the submission and processing of building permits and land use approvals in the Lionshead Mixed Use 7 and Lionshead Mixed Use 2 Zone Districts resulting in the net loss of accommodation units, parking spaces andlor employee housing units; and WHEREAS, -the Town Council now wishes to repeal the subject moratorium. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Moratorium Repealed As of the effective date of this Ordinance, the moratorium established by Ordinance No. 13, Series of 2006, and extended by Ordinance No. 15, Series of 2006, is hereby repealed and shall have no further force or effect. Section 2. Seyerability If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance will remain valid, it being the intent of the Town that the remaining provisions of this Ordinance are severable. Ordinance No. 19, Series 2006 Section 4. Emeraency Measure Based upon all of the foregoing, the Council finds and declares that there is reasonable justification for the adoption of this Ordinance as an emergency measure, that this Ordinance is necessary for the immediate preservation of the public welfare, and that this Ordinance shall tf~erefore take effect immediately upon adoption as provided by Section 4.11 of the Vail Home Rufe Charter. INTRODUCED, READ, PASSED, ADOPTED AS AN EMERGENCY MEASURE BY THE UNANIMOUS VOTE OF COUNCIL MEMBERS PRESENT OR A VOTE OF FIVE (5) COUNCIL MEMBERS, WHICHEVER IS LESS, AND ORDERED PUBLISHED THIS 1st DAY OF August, 2006. TOWN OF VAIL, COLORADO Rod Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series 2006 ORDINANCE N0.6 SERIES OF 2006 AN ORDINANCE REPEALING AND REENACTING TITLE 9, CHAPTER 1, VAIL TOWN CODE REGARDING WATER QUALITY WITHIN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"}; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase storm water runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and WHEREAS, visual observations of turbidity in Gore Creek have been observed from construction projects over the past two years, and deep excavations from these projects require dewatering systems which mix ground water with soils during the excavation process; and WHEREAS, control of excessive suspended solids and sediment must be undertaken to prevent these pollutants from reaching the surface waters of Gore Creek causing deterioration of the Town water sources; and WHEREAS, the Council finds that this text amendment is necessary for the protection of municipal water supplies and for the promotion of coordinated and harmonious development in a manner that conserves and enhances the Town's natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT .ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Title 9, Chapter 1 of the Vail Town Code is hereby repealed and re- enacted as follows: Chapter 1 Water Quality SECTION: 9-1-1: Definitions 9-1-2: Water Quality Standards 9-1-3: Jurisdiction for Water Quality 9-1-4: Discharges Unlawful 9-1-5: Compliance with Permits Ordinance No. 6, Series 2006 ~., 9-1-6: Enforcement 9-1-7: Penalty 9-1-1: DEFINITIONS (a) Enjoined shall include temporary, preliminary and permanent injunctive relief. (b) Municipal water supplies means all surface and underground water rights, whether absolutely or conditionally decreed, of the Town of Vail, which are used or are capable of being used for any beneficial purpose, including, without limitation, municipal, commercial, aesthetic, irrigation, fish and game propagation, recreation, domestic, industrial uses, and augmentation and exchange, but does not include waters in sewage systems, waters in treatment works or disposal systems, water in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. (c) Non-point source means any source of pollutant other than a point source, including., without limitation, water use and development practices, activities which encroach on riparian areas, vegetation disturbance, soil disturbance and earth movement, impervious cover, and storm water runoff from developed areas. (d) Permit means a permit lawfully issued pursuant to Public Law 92-500, the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1251, et seq.) or pursuant to C.R.S. §25-8-501 (1981) et seq. (e) Person means an individual, corporation, partnership, association, municipality, district, federal or state agency, commission or other state or federal body or political subdivision thereof. (f) Point source means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or concentrated animal feeding operation from which pollutants are or may be discharged. (g) Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, construction, municipal and agricultural waste, dirt and slurry. (h) Sources means any area that contributes to the water supply of any stream or river and includes, without limitation, any drainage basin or underground aquifer. (i) Waterworks means all components of the Town's water supply system, whether operated by the Town or the Eagle River Water and Sanitation District, including but not limited to all equipment, dams, canals, ditches, flumes, pipelines, conduits, reservoirs, drains, wells, pumps, and other facilities associated with the diversion, control, treatment and/or distribution of the Town's municipal water supplies. 9-1-2: WATER QUALITY STANDARDS Ordinance No. 6, Series 2006 Within the jurisdictional areas set forth in Section 9-1-3, the standards for water quality shall be those standards adopted from time to time by the water quality control commission pursuant to C.R.S. §25-8-202(b) (1981) and §25-8-404 (1981), as applicable to waters located within the jurisdiction of this Chapter. Said standards are incorporated herein by reference. 9-1-3: JURISDICTION FOR WATER QUALITY Pursuant to C.R.S. §31-15-707(b) (1975), §31-15-708(1) (1975) and C.R.S. §31-15-401 (1975), and for the purpose of maintaining and protecting its municipal water supply from injury and pollution, the Town shall exercise regulatory and supervisory jurisdiction within the Town of Vail and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted. 9-1-4: DISCHARGES UNLAWFUL Within the jurisdictional areas defined in Section 9-1-3, it shall be unlawful for any person to discharge from either a point or a non-point source any pollutant or engage in any activity which will result in the degradation of water quality below the standards set forth in Section 9-1-2, unless the discharge is the subject of an existing and valid point source discharge permit issued pursuant to C.R.S. § 25-8-501 (1981). 9-1-5: COMPLIANCE WITH PERMITS With the exception of a point source discharge permit as noted above in Section 9-1-4, obtaining and complying with a permit from any other local, state or federal entity for activities or discharges resulting in a violation of this Chapter shall not constitute a defense to any such violation. 9-1-6: ENFORCEMENT (a) Right of Entry: Whenever necessary to make an inspection to enforce any provision of this Chapter, an authorized representative of the Town may go upon any land at any reasonable time to inspect the same, provided that such person identify himself/herself and, if such land be unoccupied, that such person shall make a reasonable effort to locate the person having control of such land to notify them of such entry. (b) Stop Work Order: Whenever any work or activity is being done contrary to the provisions of this Chapter, or in violation of this Chapter, the Town or its authorized representatives may order the work stopped by notice in writing served on any person engaged in or causing such activity until authorized by the Town to proceed. 9-1-7: PENALTY (a) Offense: Any person who violates any of the provisions of this Chapter shall be subject to the penalties provided in Section 1-4-1 of this Code for each offense. Each day shall be deemed a separate offense. (b) Actions: Any activity or use which is continued, operated or maintained contrary to any provision this Chapter is unlawful. The Town may institute injunction, Ordinance No. 6, Series 2006 abatement or any other appropriate legal action to prevent, enjoin, abate or remove such violation, in which event the prevailing party shall be entitled to recover its costs and attorney fees. (c) Remedies: The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or-any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of July, 2006, and a public hearing for second reading of this Ordinance set for the 1~ day of August, 2006, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series 2006 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1St day of August, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series 2006 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 1, 2006 SUBJECT: Second reading of Ordinance No. 17, Series of ,2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes from a maximum of 15% to a maximum of 20% but limiting site disturbance to 60% on such lots, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Steve Isom Planner: Matt Gennett I. DESCRIPTION OF THE REQUEST The applicant, Helmut Reiss, represented by Steve Isom, is requesting to amend Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, which further restricts site coverage on .lots with average slopes in excess of 30% within four of the nine residential zones districts established in Chapter 12-6, Residential Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20% maximum. The applicant is proposing to amend the restriction to allow for the typical 20% maximum site coverage standard to apply in the applicable zone districts irrespective of the average slope of a site. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of residences on steep slopes. II. On April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to the recommended, modified iteration of the applicant's proposed text amendment presented at the hearing. On May 8, 2006, the PEC recommended approval of the proposed text amendment, as modified by staff, to the Vail Town Council. On July 18, 2006, the Vail Town Council voted to approve Ordinance No. 17, Series of 2006, on first reading. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 17, .Series of 2006, on second reading, to amend Section 12-21-14E, Vail Town Code, to allow the maximum site coverage to increase from 15% to 20% on residential lots with excessive. slopes in specific 1 zones, but with a maximum of 60% site disturbance, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria and findings for a text amendment, noted and addressed in the May 8, 2006, Planning and Environmental Commission (PEC) staff memorandum, and the evidence and testimony presented herein. Should the Vail Town Council choose to approve Ordinance No. 17, Series of 2006, on first reading, the Community Development Department recommends the Town Council make the following findings: . That the amendment is consistent with the applicable elements of the adopfed goals, objectives, and. policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; 2. That the amendment furthers the general and specific purposes of Title 12, Zoning Regulations; and 3. That the amendment promotes the health, safety, morals and general health of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS Attachment A: Ordinance No. 17, Series of 2006 2 Attachment: A ORDINANCE NO. 17 Series of 2006 AN ORDINANCE AMENDING SECTION 12-21-14E, RESTRICTIONS IN SPECIFIC ZONESON EXCESSIVE SLOPES, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENTS, VAIL TOWN CODE, TO ALLOW FOR AN AMENDMENT TO INCREASE THE AMOUNT OF ALLOWABLE SITE COVERAGE ON LOTS WITH EXCESSIVE SLOPES, FROM A MAXMIMUM OF 15% TO A MAXIMUM OF 20%, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 24, 2006, and again on May 8, 2006, following which the Commission forwarded a recommendation of approval with staff's recommended modifications to the Vail Town Council based on the criteria and findings presented in the staff memorandum; and WHEREAS, staff is recommending additional text amendments, found in Section 1 of this ordinance, as a result of the analysis performed for the original text amendment request submitted by the applicant; and WHEREAS, the third Guideline under Section 12-11-1, Vail Town Code, states the following intent: "prevent the unnecessary destruction or blighting of the natural landscape"; and WHEREAS, the Town Council finds thatthe proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is .compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt this amendment to the Vail Town Code. Ordinance No. 17, Series 2006 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The proposed text amendments are as follows: (Deletions are shown in n+rilro +hrn••^h/additions are shown bold) Section 12-21-14E: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: T + morn +hnn fif+ on+ - /~ ~.0%\ of+h n ~i+~are a ma be ce ~~ ~ y npn ~ {'~~ hi iilrlin J ~ + 'n nnnii t nr++inn Seri+h C n T~iniT mple~~° o , "Y 6e~e ~~~F' E ~ i nn+ mnro nn fiuon+v n } / 0 ~~ ` ~+n r ~~- mnv ho nna~~rJ by '" - - e~ T~ViTTiDiC-t1"17.TTTTP9fiIT"7C:Tl7l.r TlT~L ~ Qf iLryT.7C+~P Q ~ Tf ~-1. Not more than ten percent (10%) of the total site area may be covered by driveways and surface parking. 2. In orderto protectthe natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area maybe disturbed from present conditions by construction activities. The Design Review Board (DRB) may approve site disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. Section 2. {f any part, section, subsection, sentence, clause or phrase ofthis ordinance is for .any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more parts, sections, subsections, sen~nces, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this Ordinance No. 17, Series 2006 2 ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor anyother action or proceeding as commenced under or byvirtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof; inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereo# theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of July, 2006 and a public hearing for second reading of this Ordinance set for the 15t day of August, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 17, Series 2006 3 INTRODUCED, READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND READING this 1St day of August, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. ,Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 17, Series 2006. 4 RESOLUTION NO. 15 __ __ __ Series of 2006 A RESOLUTION APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), WHICH AGREEMENT PERTAINS TO CERTAIN MAINTENANCE ROTOMILL AND PAVING ON THE I-70 FRONTAGE ROADS. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council has determined that it is advantageous for the Town to enter into this Agreement with CDOT for the improvement of the I-70 Frontage Roads that will benefit the traveling public; and WHEREAS, The Town seeks a relationship with CDOT as described in the Agreement referenced as 07 HA3 00001 CMS ID 06-171. 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 Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such 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 Z. 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. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 15' day of August, 2006. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 15 Series 2006 (State $LAWRK) Rotomill and Paving: T-70 Frontage Roads REGION 3 (MR) C'nNTRACT THIS CONTRACT made this _ day of Rev 10/03 07 HA3 00001 CMS ID 06-171 20~, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and TOWN OF VAIL,, 1309 Elkhorn Drive, Vail, Colorado 81657, FEIN: 84-0571385, hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 3200, Program 3000, Function 2040, Object 5410 1N, Reporting Category 3200, (Contract Encumbrance Amount: $330,000.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. Local Agency anticipates a project for asphalt repaving on the I-70 South Frontage Road from MP 172.38 to 173.32; MP 174.30 to 174.98; MP 173.5 to MP 173.95; and on the North Frontage Road from MP 173.37 to MP 173.67. The work will consist of rotomilling, paving, utility adjustment, and traffic control. The Local Agency desires to perform the project work as described in Exhibit A, the Scope of Work. 5. The Local Agency has requested that State funds be made available for asphalt repaving onthe I-70 South Frontage Road from MP 172.3 8 to 173.32; MP 174.30 to 174.98; MP 173.5 to MP 173.95; and on the I-70 North Frontage Road from MP 173.37 to MP 173.67, which shall consist of rotomilling, paving, utility adjustment, and traffic control, referred to as the "Project" or the "Work." Such Work will be performed in Vail, Colorado, specifically described in Exhibit A. 6. The State has funds available and desires to provide 100% of the funding for the work. 7. The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the prof ect through this contract, in order to obtain state funds for the prof ect. Page 1 of 16 8. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives oftheLocal Agency, which expressly authorizes the Local Agency to enter into this contract and to complete. the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 9. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 11. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of resurfacing work on the I-70 South. Frontage Road from MP 172.38 to 173.32; MP 174.30 to 174.98; MP 173.5 to MP 173.95; and on the =7d,North Frontage Road from MP 173.37 to MP 173.67, in Vail, Colorado, that will consist of a ''dull wick > otomilh and overlay including utility adjustments and traffic control, within the town limits ~of ail, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 27 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Contract Modification Tools) 5. Exhibit D (DBE Requirements) 6. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Page Z of 16 ~~ Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The Local Agency has estimated the total cost the work to be $330,000.00 which is to be funded as follows: a. State funds: Total Funds: $330,000.00 $330,000.00 C. The maximum amount payable to the Local Agency under this contract shall be $330,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subj ect to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for incurred costs relative to the proj ect following the State's review and approval of such charges, subject to the terms and conditions of this contract. Provided; however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Section 4. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: in accordance with the provisions of Section 4 and with the terms and conditions of this contract; Page 3 of 16 2. necessary for the accomplishment of the Work; 3. reasonable in the amount for the goods and services provided; 4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5. incurred for Work performed after the effective date of this contract; 6. satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that prof ect funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. A11 checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as maybe agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. Page 4 of 16 E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the State. F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency maybe withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit E describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit E. A. Design [if applicable] 1. If the Work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway Page 5 of 16 and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Attachment #1 (Exhibit H) attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(d) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHWA. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Page6of16 Attachment 1 [change] to administer that design consultant subcontract, to comply with 23 CFR 172.5{b) and (d). (5) it may expedite any CDOT approval of its procurement processand/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance with Attachment 1 [change] and 23 CFR 172.5(b)and (d). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(1) and contains the following language verbatim: (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the proj ect work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bride Construction, in connection with this work." d. The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State and FHWA requirements. B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or Page 7 of 16 its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (CAPE), to perform that administration. The LAPS shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (1) the Local Agency has the option to accept or rej ect the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rej ection within 3 working days after said bids are publicly opened. (2) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project ifno additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded bythe State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normallybe based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, .eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Page 8 of 16 Bridge Construction § 109.04. (4) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. D. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Local Agency Contract Administration Checklist, Exhibit E, within the Work of this contract. Section 7. ROW Acquisition and Relocation If any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can be as follows: Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation ofright of way - 3114 charges); Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or No federal participation in right of way acquisition (311 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual. The manual is located at http://www.dot.state.co.us/DevelopProi ects/DesignSupport. Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance. or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Page9ofl6 Section 9. Railroads In the event the Proj ect involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations ~'~' The Local Agency will maintain the roadways designated herein in accordance with the provisions of Highways Maintenance Contract OS HA3 00083, CMS ID #OS-233, between the Colorado Department of Transportation and the Town of Vail, effective November 8, 2005 for a period of five years. Those segments of I-70 Frontage Roads designated for improvements under this contract are included in the preceding contract, for I-70 Frontage from MP 172.2 to MP 180.3. Section 12. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date oftermination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be .pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and Page 10 of 16 employees of the State and FHWA to inspect the prof ect and to inspect, review and audit the project records. Section 13. Termination Provisions This contract maybe terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any ofthe covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such .funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Page 11 of 16 Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 3, 222 South 6th Street, Room 317, Grand Junction, Colorado 81501. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Weldon Allen CDOT Region 3 Maintenance Superintendent 606 South Ninth Street Grand Junction, CO 81501 970-248-7363 Section 16. Successors If to the Local Agency: Gregg Hall Director of Public Works Town of Vail 1309 Elkhorn Drive Vail, Colorado 81657 970-479-2100 Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Page 12 of 16 Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of-any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this contract maybe executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision,. or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automaticallybe incorporated into and be part of this contract on the effective date of such change as if fully set forth Page 13 of 16 herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 24. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit C and bearing the approval of the State Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 25. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit E and the Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its use as described above. Section 26. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 3 0 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Page 14 of 16 ~' ~ I ~~.~ Section 27. SPECIAL Pf~4V~SIQ~15 (For Use Onlv with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. lNDEMNIF1CATlON. The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the ponies, of the Colorado Governmental Immunity Act, CRA 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 of seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BEAN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAtD BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS.EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the .letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate. systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to !heir knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. 9. ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and Public Law 208, 104'" Congress, as amended and expanded in Public Law 156, 108th Congress, as amended The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-1 D1 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter info a contract with a subcontractor that knowingly employs or contracts with an illegal alien. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-101(2)(b)(1). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. It the Contractor fails to comply with any requirement of this provision or CRS 6-17.5-101 et seq., the State may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the State. Effective Date: July 1, 2006 Page 15 of 16 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: Town of Vail By Legal Name of Contracting Entity 84-0571385 Social Security Number or FEIN Signature of Authorized Officer Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) By STATE OF COLORADO: BILL OWENS, GOVERNOR Executive Director Department of Transportation LEGAL REVIEW: JOHN W.SUTHERS ATTORNEY GENERAL Attest {Seal) By (Corporate Secretary or Equivalent, or Town/CitylCounty Clerk) (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M. SHENEFELT By: Date: Effective Date: August 1, 2005 Page l6 of 16 Exhibit A SCOPE OF WORK The Project or the Work under this contract with the Town of Vail shall consist of work at the following locations: 1. I-70 South Frontage Road from the West Vail Roundabout to Kinninnick Road, MP 172.38 - MP 173.32. 19,055 sq. yd. / 1,572 tons asphalt. Utilities will be raised. Five storm sewer manholes, one water valve. 2,110 ft. curb and gutter to be milled. 2. I-70 South Frontage Road, south of Vail Resorts Shop, MP 174.30 - MP 174.98. 19,800 sq. yd. / 1,632 tons asphalt. Three storm sewer manholes, four water valves. 3. I-70 South Frontage Road, east of West Vail Roundabout, MP 173.5 - MP 173.95. 8,100 sq. yd. / 688 tons asphalt. No storm sewers, four water valves. 4. I-70 North frontage Road, east of West Vail Roundabout, MP 173.37 - MP 173.67. 10,182 sq. yd. / 840 tons asphalt. Utilities to be raised. Curb and gutter to be milled: 500 ft. on south side and 1,580 ft. on north side. Eight storm sewer manholes, no water valves. All areas shall be paved at 1.5 inches of asphalt, and shall be full-width paving. Interstate mile markers are used as references. Cost estimate: $63.00 per ton in place includes raising utilities. $8.00 per sq. yd. for milling: two to four-foot wide cut, to depth of 1.5 inches at the gutter pan. ~ $3,000.00 for traffic control. CDOT will be responsible for striping at completion of the project. Total cost of project: $330,000.00. Exhibit A -Page 1 of 1 Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION FXh;ih;ir r. .COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1996 -Com lete section 1 and submit to CDOT Controller's office. CDOT Controller letter on Ma 23,'1996 {1)This form to be used for the following contracts/situations only (check the appropriate situation): -indefinite quantity, order more/add more -utility/railroad, underestimated total cost _CDOT construction, sum of CMO's LA construction, underestimated cost _CDOT construction, underestimated total cost CDOT consultant, underestimated cost SECTION 1 (Re ion use) Date: (2) Project code (3) To; CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4) From: Office: (5) Phone # (5) FAX # (5) Re ion # (5) CDOT has executed a contract with: (6) Address: (6) FEIN # (6) ~ Contract routing # (7) COFRS encumbrance # (indicate PO, SC or PG #) _ (8) Fund Orgn. Appro. Prgrm. Func. Object/Sub-obj N/P GBL Reporting Catg. Proj/Sub/Phase {9) (9) (9) (9) (9) (9) (9) (9) (9) .. Original contract amount Has a Budget Request been processed to cover the contract amount increase? $ (10) es no (14) Previous Funding Letter(s) total Preparer's name (15) $ (11) (funding letter#1 thru #_) PHONE NO: -This Funding Letter total Contract Administrator's/Business Manager's Approval $ (1 Z) (16) (#--) PHONE NO: Adjusted contract amount CDOT Designee Approval $ (13) (17) Local Agency approval _.. _ (18) SECTION 2 (Controller's Office use) (19) --- Total allotment amount Commission budget if construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig. (19) $ (19) $ {1 g) charges calcufa6on $ (19) I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effective as of (19) State Controller or Delegee Date QO) (20) Exhibit C -Page 1 of 1 .... ~~ a Exhibit D DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obli ation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Pro rg am. The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the contractor upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Required by 49 CFR Part 23.41 i j F '.9 y ::':: y Exhibit E LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 1243 Intentionally Omitted Exhibit F __ THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172(d) state that, "When federal-aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts ...". Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements fromboth Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and the guidebook maybe obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172.5(b)(1-6)]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection ofthe three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal often percent (10%) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants should be done in accordance wit11 C.R.S. 24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOTpre-qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, Exhibit F -Page 1 of 2 Exhibit F e. Current and projected workload, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. Under 24-30-1401, cost shall not be considered as a factor in the evaluation of professional consultant services. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs. A qualified local agency employee shall be responsible and in charge of the prof ect to ensure that the work being pursued is complete, accurate, and consistent with the ternLS, conditions, and specifications of the contract. At the end ofproj ect, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3) years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The C.R.S. 24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the eight (8) steps just discussed. Exhibit F -Page 2 of 2 .Virta~r .~Se o '~44' ~~f JY`M1 .< VAILVALLEY Chamber&Tourism Bureau Yaur Success Connection VAIL LODGING OCCUPANCY FORECAST Summary of Booking Patterns as of June 30, 2006 Prepared by MTRiP (RRC Associates & Advisory Group), July 11, 2006 This report summarizes selected results of the Vail Lodging Occupancy forecast as of June 30, 2006. The Vail Lodging Occupancy Forecast provides data on booking patterns at Vail lodging properties, for both historic months and the forward-looking 6 months, and as such provides a barometer and advance indicator of overnight stays in Vail. Studvmethodoloav: Fourteen Vail lodging properties, representing approximately 1,453 rooms, participated in this month's lodging occupancy surrey: • Destination Resorts Vail Peak Properties Inc. Vail Marriott Mountain Resort and Spa • Evergreen Lodge • The Lodge at Vail • Vail Racquet Club • Lion Square Lodge Vail Cascade Resort & Spa Westwind at Vail • Manor Vail Resort Vail International Condominiums • Montaneros The lodging occupancy survey permits comparisons of lodging activity this year to the same point in time last year, allowing for "pacing" analysis. Moreover, this year's and last year's bookings "to date" can also be compared to last year's historical actual bookings, allowing an understanding of the degree of "fill achieved to date for occupancy in upcoming months. Vail's occupancy results can also be compared to those at across-section of other mountain communities which are deploying similar lodging occupancy surveys with MTRiP. • Occupancy results: o VailVail o_ acing: This period's occupancy pacing shows a mix of strengths and weaknesses, varying by month. After the weakness in May, June finished down 4.3 percent from last year. Looking forward to the summer months and into the fall, July is up 12 percent, August is down 3.7 percent, September is up 6.1 percent, October is up 29.8 percent, November is down 1.8 percent, and December is up 8.4 percent. o Vail absolute occupancy rates Based on 2005 results, Vail tends to experience its highest summer occupancy rates in July (54 percent), followed by September (48 percent), August (46 percent), June (43 percent), October (42 percent), and May (23 percent). This provides a general indicator of when the community tends to be busiest on a monthly average basis. o Vail fill patterns: Historical fill patterns for upcoming months provide an indication of the degree to which future business can likely be stimulated. Based on last season's patterns, as of June 30 this year, it is estimated that 18 percent of Juiy room nights had yet to be booked, followed by 30 percent for August, 45 percent for September, 75 percent for October, 55 percent for November, and 52 percent for December. * 100 East Meadow Drive, Suite 34 * Vail, CO 81657 * p. (970)476-1000 ' f. (970)476-6008 www. visitvailvalley.com s~ .Visitor . Co .~ Y /" VAI L VA L LEA Glzarrrber &Tourism Bureau Yaur Success Connection • Vail average niahtly rate: Average nightly room rates in Vail during the next six months are down up to 6 percent from last year, except July, November, and December, which are up between 6 and 12 percent. Absolute room rates vary from approximately $110 to $170 during the summer, generally following variations in demand. * 100 East Meadow Drive, Suite 34 * Vail, CO 81657 * p. (970)476-1000 ' f. (970)476-6008 www. visitvailvalley.com July 21, 2006 Vail Town Council 75 South Frontage Road Vail, Colorado 81657 Dear Council Members: With this letter, I hereby submit my resignation from the Town of Vail Commission on Special Events, effective July 21, 2006. have accepted an offer to work in Carbondale and will be relocating there at the end of the month. Respectfully, Ian Anderson- Director of Marketing & Communications Vail Valley Chamber & Tourism Bureau T `I 11 L ,ti~, a , Lionshead Parking Structure PHASE I ~ Qualifications and Concept Paper East West Partners June 27, 2006 "Frankly, the Lionshead parking structure is an eyesore and in desperate need of repair. It is working against all the great things happening in Vail." "It is the Berlin Wall between the Bahns. The Great Wall of the Gore. It's time to transform this barrier into abridge-one that will connect Lionshead and Vail Village. To unify Vail." "For once and for all, to create... _~ L r ~<< O- ;_ East West Partners June 27, 2006 1 Mr. Russell Forrest Director, Community Development Department 75 Frontage Road Vail, Colorado 81657 Dear Russell, A Colorado Company As a local company, East West Partners and our family of companies are pleased to respond to the initial Request For Proposal (RFP) for the redevelopment of the Lionshead Parking structure. Since our last communication, we have been diligently working on addressing all of the points presented in the Town of Vail's RFP dated May 10th, 2006; as well as additional thoughts and ideas that help define the town's vision for the redevelopment of the project. If selected, we are also looking forward to developing between now and September an excellent architectural design concept as well as working with all of the stakeholders to select a brand for the hotel that will offer the best incremental value to Vail. We hope that after careful examination of this submittal and our presentation on July 17th that you t will invite us to take the next step. As you review this response, we hope our enthusiasm and commitment to develop a mutually beneficial project on this unique and important site is conveyed. We believe in Vail and want to see its renaissance occur in a responsible and sensitive manner. In addition to helping to create a more architecturally unified Vail and a more unified retail experience (One Vail), we envision this resort project uniquely positioning Vail within the Vail Valley to accommodate larger group business and also helping to create vitality that will allow Vail to further prosper as a four season resort. We believe our family of companies, representing over 1000 employees in real estate development, real estate sales, property management, ground transportation and technology are uniquely qualified to create a successful project. In addition, it is important to note that we have extensive experience in complex mixed use resort projects, public private partnerships, ski resort operations and other community projects. In closing, we appreciate the work of the Town Staff to date in scheduling meetings and providing information. After reviewing the enclosed material, please do not hesitate to call for clarification or additional information. Sincerely, ~`) Harry Frampton .~1.' Chuck Madison °~ ~ Lionshead Parking Structure ~ Statement of Qualification East West Partners June 27, 2006 its ~~~ _ • , East West Partners ' Harry Frampton. Biographies Harry Frampton is managing partner of East West Partners. East West Partners specializes in real estate development and is currently developing resort properties in Vail, Beaver Creek, and Summit County in Colorado, Lake Tahoe, California and Deer Valley, Utah. Harry is a principal of Slifer Smith & Frampton Real Estate. BACKGROUND Harry began his real estate career with Sea Pines Company, Hilton Head, South Carolina, serving in various capacities and ultimately reaching the position of Executive Vice President and member of the Board of Directors. In 1976, he became President and a majority stockholder of The Brandermill Group in Richmond, Virginia. From 1982 to 1986, he was President of Vail Associates, Inc., the creators of Vail and Beaver Creek Mountain resorts in Colorado. ' EDUCATION ' Harry holds a graduate degree in economics from Clemson University has taken graduate studies in business administration and is a graduate of Harvard University's Small Company Executive Management ' Program. ' COMMUNITY SERVICE Harry is chairman of the board of the Vail Valley Foundation, instrumental in organizing and supporting the 1989 and 1999 World . Alpine Ski Championships, the Bolshoi Ballet, the World Alpine Ski Championships of Mountain Biking, and former President Gerald R. ' Ford's World Forum. He was chairman of the Colorado Chapter of YPO. Harry was a member of the Board of Directors of FirstBank Holding Company for several years. Harry was also the past president ' of the Urban Land Institute's Large Scale Development Council and Recreation Council. He is currently a trustee and is a past chairman of ' the Urban Land Institute. He currently serves as chairman of the Clemson University Foundation. ' PERSONAL A native of Hartsville, South Carolina, Harry and his wife Susan reside in Vail, Colorado. Their eldest son, Christopher, is a graduate of Davidson College in North Carolina and Matthew is a graduate of Duke University. aJ ~ `t` East Wes~e Partners 1 Chuck Madison 1 Biographies Chuck Madison is the Partner in charge of Resort Development for Colorado as well as various projects at Northstar Mountain in the Lake Tahoe area of California and East West Technology. Formerly, Chuck was President of East West Associates, Inc., and the partner in charge of the Lakemont planned community development near Seattle, Washington. BACKGROUND Before joining East West Partners in 1986, Chuck was Executive Vice President/Chief Financial Officer of Vail Associates, Inc.; he began with that company in 1980 as Treasurer. Prior to 1980, he served in the audit division of Arthur Andersen & Co. in Seattle, was Special Projects Manager for the Sun Valley Company in Idaho. ' EDUCATION Chuck holds a business degree from the University of Washington and ' is a graduate of Harvard University's Advanced Development Management Program in Real Estate. He has also been a Certified Public Accountant. COMMUNITY SERVICE A native of Seattle, Chuck is a member of the Urban Land Institute, a founding board member of Citizens for Quality Education and The Public Education Foundation of Eagle County (www.PEFEC.org) and a past board member of the Beaver Creek Metropolitan District, Beaver Creek Resort Company, Bellevue Boys and Girls Club and treasurer of the Vail Valley Foundation as well as a past member of Lambda Alpha International. PERSONAL Chuck and his wife Leslie reside in Edwards, Colorado. They have four children-Ryan, Kyle, Christen and Tyler. Otti East West Partners Biographies Craig is the senior financial officer for EWP and each of its development projects. BACKGROUND Craig came to us from Aspen Skiing Company where he was their Chief Financial Officer. He began his career in Public Accounting where he worked over a five year period, the last year as a Manager. After receiving his MBA Craig returned to Colorado and has worked in a variety of financial and operating positions for public and private companies in Denver and Aspen. ' EDUCATION Craig received a B.S. in Business from the University of Colorado and an MBA from the University of Pennsylvania Wharton School. Craig ' became a Certified Public Accountant in California while working for Touche Ross. COMMUNITY SERVICE Craig's community service revolves around education; he is active in his kid's schools. Craig is also an active citizen in his town. While in Aspen he helped to establish the Aspen Skiing Company Environmental Foundation, which contributed over $500,000 to environmental projects in the Roaring Fork Valley. PERSONAL Craig and his wife Kristi have two sons. He enjoys outdoor activities in the mountains and is thankful to live in such a beautiful setting. ~~s ~J - • East West Partners Christina V. Wright Biographies Chris Wright is Vice President of Finance for real estate development in Colorado. She is responsible for financial controls and lender relations and contract administration for real estate development projects encompassing Beaver Creek, Breckenridge, and Mountain Star. BACKGROUND Chris joined East West Partners in 1986 as Vice President of Finance. Prior to joining East West Partners, Chris was the Controller of Vail Associates from 1979 to 1986. In this role, Chris was responsible for managing and coordinating all accounting and SEC reporting functions for Vail and Beaver Creek Resorts. From 1973 to 1979, Chris held various financial positions with Vail Associates. EDUCATION Chris earned a bachelor's degree in business administration from the University of Colorado at Boulder before joining Vail Associates, Inc. in 1973. COMMUNITY SERVICE Chris is active in the Vail Valley Foundation, serving as Secretary/Treasurer, and was featured by Colorado Woman magazine as ' one of the state's outstanding professional women. She is also a Board Member of Eagle County Early Childhood Programs. ' PERSONAL Chris is a native of Golden, Colorado. She, her husband Jen, their ' daughter Devon, and twin sons Andrew and Michael, reside in Vail, Colorado. She enjoys skiing, hiking and bicycling. ¢~`' `~~~s Michael S. Shannon Biographies Mr. Shannon founded our predecessor KSL Recreation Corporation in 1992, serving as its President and Chief Executive Officer. He founded and became Chief Executive Officer of KSL Management in 2004 following the sale of KSL Recreation. Prior to establishing KSL Recreation, he served as President and CEO of Vail Associates, Inc. (owner of Vail and Beaver Creek resorts) in Vail, Colorado, from 1986 to 1992. He currently serves on the Board of Directors of Conseco, Inc., ING Direct, the Vail Valley Foundation, Marywood Palm Valley School and Eisenhower Memorial Hospital. He is a past Director of TCA Cable TV, Inc., Startek, Inc. and ING Americas Holdings. He is a member of the Young Presidents' Organization. He holds a Bachelor of Business Administration from the University of Wisconsin and a Master of Management in Accounting and Finance from Northwestern University 's Kellogg School of Management. Biographies John C. Goff John C. Goff is Vice Chairman and Chief Executive Officer of Crescent Real Estate Equities Company, a $5 billion real estate investment trust trading on the New York Stock Exchange NYSE: CEI. Crescent is headquartered in Fort Worth, Texas, and, through its subsidiaries and joint ventures, owns more than 75 premier office buildings in select markets across the United States. Crescent also makes strategic investments in resort residential development as well as resorts, including Canyon Ranch. Mr. Goff co-founded Crescent in the early 1990s and, as CEO, led the Company through its initial public offering in May 1994 with a $500 million market capitalization. Mr. Goff served as CEO until early 1997, when he became Vice Chairman of the Board of Trust Managers. He returned as CEO in June 1999 and is the visionary behind the transformation of Crescent into a leading real estate investment management company and strategic investor. Mr. Goff joined Rainwater, Inc., in 1987, shortly before he and Richard E. Rainwater co-founded Crescent. From 1987 to 1994, he was Vice President of Rainwater, Inc., serving as senior investment advisor and principal. Mr. Goff was responsible for Mr. Rainwater's foray into real estate, designing the strategy and acquiring the assets that led to the initial public offering of Crescent. Mr. Goff is also the Managing Principal of Goff Moore Strategic Partners, L.P., a private investment partnership. The partnership focuses principally on non-real estate investments outside the scope of t Crescent and is currently involved in the management of over $1 billion in investments. In addition to Crescent, Mr. Goff serves on numerous boards, both corporate and non-profit, as well as on the board of the National Association of Real Estate Investment Trusts (NAREIT). He is a graduate of the University of Texas and is a Certified Public Accountant. Biographies Marilyn Jordan Taylor ~t ':~ Architect and urban designer Marilyn Jordan Taylor is known for her passionate `~ involvement in the design of urban projects and civic initiatives, as well as for ' '~' her exceptional leadership on some of the most complex public and institutional projects around the world. An expert in using public space and infrastructure to shape urban districts and civic places, Ms. Taylor leads SOM's Urban Design & Planning practice, including such projects as Columbia University's Manhattanville Master Plan, the East River Waterfront Master Plan, the reclamation of Con Ed's East River sites for mixed-use development, the new research building at Memorial Sloan- Kettering, and the new urban campus for John Jay College. Ms. Taylor also founded and leads SOM Airports and Transportation, working on U.S. airport projects such as Terminal 4 at JFK, Continental Airlines at Newark, and the expansion of Washingon, D.C.'s Dulles International Airport. Her international airport projects include Sky City Hong Kong and the Ben t Gurion Airport in Tel Aviv, as well as the new Terminal 3 at Singapore's Changi Airport. Ms. Taylor's transit work has been equally diverse, ranging from the award-winning Changi Airport Station in Singapore to the Transit-Friendly Land Use Handbook for New Jersey Transit. Together with her colleague ' David Childs, Ms. Taylor is leading SOM's team in its work on the new landmark Moynihan Station. Ms. Taylor is deeply engaged in civic leadership. In July 2005 she became the first woman Chairman of the Urban Land Institute, having previously served as Vice Chairman for Policy and Practice. Ms. Taylor ' was also recently selected to become a member of both the Singapore Urban Redevelopment Authority's International Panel of Architects and Urban Planners advisory group and the Penn Institute for Urban Research Advisory Board. In 2002 and 2003 she was Chairman of the New York Building Congress (NYBC), and she currently serves on the boards and steering committees of the Association for a Better New York, the Downtown Alliance, the Women's Transportation Seminar (WTS), and the Forum for Urban Design. She is a Past President of the New York Chapter of the American Institute of Architects ' and a Past Chairman of the national AIA Regional and Urban Design Committee. In addition, after receiving a David Rockefeller Fellowship from the New York City Partnership in 1995, she joined the Partnership's Fellows Advisory Committee. In 2001 Ms. Taylor was a founding member of New York New Visions and the co-chair of the New York Ciry Partnership's Infrastructure Task Force, formed to galvanize the support of the business and professional communities for the restoration and rebuilding of Lower Manhattan. Ms. Taylor was educated at Radcliffe College, MIT, and the University of California at Berkeley, where she received her Masters in Architecture. She joined SOM in 1971 in the firm's Washington office and was elected Partner in 1985. Along-term member of the firm's Executive Committee, she was also SOM's first woman Chairman. Among Ms. Taylor's recognitions are CREW*NY's Woman of the Year (1998), Crain's Top 100 Leaders in ' New York City (2002), and the Associate of Real Estate Women's (AREW) Outstanding Achievement Award for 2003. In addition, she was awarded the 2001 Professional Leadership Award by Professional Women in Construction, and named Woman of the Year by WTS in 2002. In 2004, Ms. Taylor was ' named one of AREW's Top 50 Women, and was among the many recipients recognized by NYBC's George A. Fox Award for Public Service for her role in helping to create New York New Visions. ~ a r l__ Parking ~/c~ 1 ke r Planning Engineering Restoration Rob McConnell ~ ~,: Biographies Mr. McConnell is a Vice President and Carl Walker's Manager of the Denver regional office. He has awell-rounded background in all aspects of parking consulting. He has extensive project management and engineering experience in the structural and functional aspects of parking structure design, including access and revenue control, durability design, and security. His broad experience also includes numerous parking structure restorations. Mr. McConnell has been involved in the design and administration of Carl Walker, Inc. projects throughout the United States, including numerous parking facilities constructed of precast and cast-in-place concrete, as well as several steel construction projects. He has performed consulting services for federal, state, city and county governments, airports, universities, office parks, hospitals, large residential developments, and shopping centers. His experience includes the functional design for all the satellite parking lots for the 1996 Olympic Games in Atlanta and the design and administration of the Detroit Tigers parking facility at Comerica Park. Prior to coming to Carl Walker, Inc., Mr. McConnell worked for the Georgia Department of Transportation performing urban highway design in metropolitan Atlanta, and for Georgia Tech developing geotechnical engineering concepts in conjunction with the U.S. Army Corps of Engineers. ' As an Officer of Carl Walker, Mr. McConnell functions as the Project Executive and Quality Assurance Manager for Denver office projects. He is responsible for client satisfaction, a role he enjoys and accomplishes very well. ~ar1 Parking ~~a ~ ke f" Planning Engineering Restoration Scott Martin Biographies Mr. Martin is the Corporate Director of Parking Consulting for Carl Walker, Inc. He is located in the Denver office. His responsibilities as a director include staff training, project reviews and planning, and updating and maintaining standard details, specifications, and the company's functional design manual. In addition to his corporate duties, he is a specialist in Urban Design and Planning, Study Specialist and Project Manager. As shown in the adjacent list, he has completed numerous site-specific studies and parking master plans for municipalities, hospitals, universities, private developers and others throughout the United States. In addition to parking supply and demand analysis and identification of parking deficiencies, studies completed by Mr. Martin have involved parking duration and turnover, shared parking, site alternatives, parking system improvements, cost estimating, and financial feasibility. He has served as a functional design specialist on every parking structure and surface lot designed by our Denver office, and many projects for other Carl Walker offices. His functional design experience includes parking planning, facility configuration, access design (lane requirements), queuing analysis, parking geometries, graphics and signage, lighting, traffic/pedestrian circulation, and ADA compliance. Mr. Martin's varied and extensive parking consulting experience, in conjunction with his vast library of national city zoning and planning t regulations, allows him to manage projects through all phases of design, and effectively respond to the needs of our clients on a variety of projects. -~ Rebecca Zimmermann ~;, , is head of Strategic "`~ '~ "Services at Design ~t_ ~. Workshop, specializing in real-estate advisory .. services, market and economic analysis and tourism pianning. She graduated from Trinity University and earned her MBA from the University of Colorado. She is a full rr~ember of the Urban Land Institute, participating in the Recreation Development Council. Terrell Budge graduated from Utah State University and earned his master's degree with distinction in landscape architecture from the Harvard University Graduate School of Design, where he also worked as a teaching fellow, He was awarded the Iacob Weidenman Prize at Harvard for outstanding ability and talent in design. Terrell is a full member of the American Society of Landscape Architects and an associate member of the Urban Land Institute, serving as a panel member on several advisory service panels. Biographies „~,~ ~ Todd Johnsen has :~ focused his efforts in .~,~ planning and design 1 "urban redevelopmeni and brown-field sites Todd holds a master' degree in landscape architecture from the Graduate School of Design at Harvard University and is a 1=eIlE of the American Society caf Landscape Architects. He has worked on redevelopm and urban design projects in the U.S., Canada, the Middie East and the Far East. Biographies Edward M. Gwathmey, Jr. ~~ ~~ ~ r~ ~. f ~ ' Edward M. Gwathmey, Jr., AIA ACADEMIC Bachelor of Architecture University of Michigan, 1962 Bachelor of Arts Davidson College, 1959 REGISTRATIONS National Council of Architectural Boards Colorado, California AFFILIATIONS American Institute of Architects Red Sky Ranch Design Review Board Arrowhead Design Review Board Storm Mountain Ranch Design Review Board PROFESSIONAL EXPERIENCE 1989 -Present 1987 - 1989 1982 - 1987 1981 - 1982 1980 ' CURRENT & RECENT PROJECTS Bailey Residence Gary Residence Hummingbird Maytag Mountain Ranch Somes Residence Village Walk Yarmony Creek Lodge Yarmony Creek Ranch Gwathmey Pratt Schultz Architects, P.C. -Vail Colorado Buff Arnold-Ned Gwathmey Architects -Vail, C Gwathmey & Associates -Breckenridge, Coloi Bull-Field-Volkmann-Stockwell -Vail, Colorad< Wilbur Smith and Associates -Miami, Florida 4,500 square foot single family residence on V Course for Brenda and Gary Baily. 6,000 square foot ranch residence with incredi in Mt. Powei Ranch Summit, Colorado. The last major project in Bachelor Gulch Villag luxury condominiums and amenities. Design of front entry gate, cook house, guest c barn, and Ranch Manager's house for a new v the Maytag family near Westcliff, Colorado in t Mountain Valley. 10,000 square foot Mountain Star residence fo Somes family. Thirteen duplex luxury residences just above E Creek Village in Old European Style and all stc construction. Preservation and new construction of historic homestead ranch near McCoy, Colorado. Proj~ included master planning, lodge building, bunk barns, and care-taker's apartment. Additions to Jamar Ranch in Bonell, Colorado. ~ p~ Kiewit Biographies Robert J. Mattucci Robert "Bob" Mattucci is the Senior Vice President of Kiewit Building Group Inc. Denver, and oversees the building, business development and general operations of the Colorado regional office. A 30-year construction veteran in Colorado, his experience in the building industry includes positions in commercial, heavy highway, and mining construction. During his career, Bob has been a principal in over a $1 billion of commercial projects throughout Colorado including Main Street Station in Breckenridge, CO; Denver West Village, The Timbers in Snowmass, CO and TREX the multimodal highway and light rail project in Denver, CO. working for clients such as The City and County of Denver, RTD, CDOT, East West Partners, Mile High development and others. As the Principal for the vertical work on TREX, Bob's group is completing $85M of the Design/Build stations, platforms and parking garages along the corridor as a part of the Kiewit/Parsons team (SECC) contracted for the $1.67B project. With over 5,000 structured parking spaces built in the last 3 years the KBG Denver personnel are true leaders in the parking business. In addition to the responsibilities of managing the Kiewit Building Group, Bob is a true believer in the importance of giving back to the community and particularly in creating public/private partnerships that enhance and create better communities in Colorado. AS such, Bob is Chairman of the Board of Governors and a member of the Executive Committee for the Southeast Business Partnership, and is past Chairman of the Jefferson Economic Council and still serves on the JEC Executive Committee. Bob also serves on the Boards for Adams County Economic Development Corporation, Aurora Economic Development Council, and the Denver International Airport Partnership. Additionally, he serves on the Saint Joseph Hospital Foundation Board of Directors and Executive Committee along with being a member of the College of Engineering Dean's Advisory Council and the President's Council at Colorado State University. Bob holds an MBA from the University of Denver and is a member of their Burns Counselor Board. i 0 East West Partners Consulting Team 100 East Thomas Place • Avon, Colorado 81620 p: 970-845-9200 • f: 970-845-7205 • www.ewpartners.com ' - ~~-~ . ; 777 Main Street, Suite 2100 Fort Worth, Texas 76102 4 p: 817-321-1464 ' f: 817-321-2060 www.crescent.com 1390 Lawrence, Suite 200 Denver, Colorado 80204 p: 303-623-5186 f: 303-623-2260 www. des ignworkshop. com Ca r"~ - 2460 W. 26th Avenue, Suite 500 - C Parking ~~a ~ ke r Planning Engineering Restoration Denver, Colorado 80211 p: 303-894-8800 f: 303-894-8033 www.carlwalker.com ~~ ~~~~~ 7200 S. Alton Wa Suite A-300 v, Englewood, Colorado 80112 p: 303-930-9000 f: 303-930-9001 www.kiewit.com 50-905 Avenida Bermudas La Quinta, California 92253 p: 760-564-8000 f: 760-564-8005 www.kslcapitalpartners.com 14 Wall Street, 24th Floor New York City, New York 10005 p: 212-298-9300 f: 212-298-9500 www.som.com 1000 S. Frontage Rd West, 102 Vail, Colorado 81657 p: 970.476-1147 f: 970-476-1612 www.gpsarchitects.com East West Partners ~ Lionshead Parkin Structure Or ani anon chart g g z i ~ `4t East West Partners I ~ Mixed-Use Development Our Strengths Mast developers concentrate on one Hyatt Main Street Station, extended Breckenridge's Main Street specific discipline: residential shopping experience while creating condominiums or commercial walk-to-skiing condominiums development, for example. Few developers and fractional ownership units. involve themselves in mixed-use development, because it requires a great level of team work and experience. This is where East West Partners excels: we actually specialize in mixed-use development. Examples of our successes are apparent with the Village Center in Beaver Creek, including: the Vilar Center for the Performing Arts, the retail experience, the ice rink, the escalators and several different residential and fractional ownership projects. The Village Center won the coveted ULI Award for Excellence. Main Street Station, Breckenridge; Northstar Village, Tahoe; and the Riverfront Village, Avon are other showcases of mixed-use. Avon's newly rising Westin Hotel, which will include a gondola, fine-dining restaurant, wellness center and extraordinary retail outlets, is a current example of what our local expertise can bring. These types of mixed-use projects require local market knowledge and most important an experienced team with a proven track record. `~ti ~~ • East West Partners \ Our Strengths Partnerships Parking The Lionshead Parking Structure is not an island, rather, we see it as a bridge. It will require a significant level of collaboration between the Town of Vail, Vail Resorts and the many condominium projects in the adjacent villages. East West Partners is accustomed to this complexity of collaboration. In Beaver Creek we work with Eagle County, the Beaver Creek Resort Company, the Metropolitan District, the Beaver Creek Property Owners Association, Vail Resorts and many other associations and groups. Over time we have completed projects that required intense involvement by the City of Denver and the Town of Breckenridge. Lastly, our experience in managing partnerships has included joint ventures with Intrawest, Hyatt, Vail Resorts, Crescent Real Estate Investment Trust and Crow Holdings. Complexity is a core competency. On the list of the least glamorous things to build, a parking structure rises to the top. On the other hand, nothing is more critical to Vail Resorts and our community than ample, convenient parking. East West Partners has built major parking structures in both Breckenridge and Beaver Creek. The Beaver Creek parking situation was particularly complex, as we constnzcted more than 450 public spaces, and ~~Iitch of Beaver C: reek's parkin; is rtieatly located close to the slopes and uut view under th~~ ~~lu;~i. 1 built residential projects above the garage. Lionshead represents an even a bigger project, accordingly we have brought in Carl Walker Parking, one of the best consulting firms in the country to be a part of our team. Most important has been the inclusion of Kiewit, a large and reputable company who has had extensive experience in building complex projects on time and on ~iudget. No one company is more important to the success of this project, as we must complete the garage in a timely manner for ski season. ~Es ~` • East West Partners Ski Area Experience This ski area operations background gives us an understanding of the many nuances of working with the Town, Vail Resorts, the Lodging and retail operators, as well as the public. This project must work for the all of the stakeholders in order for it to be successful. We truly understand this symbiotic relationship between the community, the ski operator and the developer. Our Strengths As a developer we are unique in that most of our key team members came from the ski industry. Harry Frampton and Mike Shannon are past presidents of Vail Resorts. Chuck Madison and Craig Ferraro are past Chief Financial Officers for Vail Resorts and Aspen Ski Corp., respectively. Jim Telling and Chris Wright both grew up in the industry. ~eu~C~~~ Vail cOLORABO, ~`+~~ ~4 ~, • East West Partners Hntel Experience Our Strengths East West Partners developed the Beaver Creek Park Hyatt which truly transformed the resort. The experience we gained in that project has been implemented in the new Westin Hotel, currently under construction in Avon. Additionally, we are under construction with a new Ritz Carlton hotel in Lake Tahoe. We will soon announce a new W Hotel in downtown Denver and finally a Five Star Boutique Hotel in Las Vegas with Capella Hotels and Westin Riverfro~it (above) anc~ the Park Hyatt (beloav) Resorts. As past operators we know and understand the hotel business. We are not yet clear as to who would be the brand for the Lionshead project, but know we will have our pick. Almost all of these companies would like to come into Vail. The key is to identify the right operator who will bring incremental skiers into the community. This is obviously a process we will have to discuss closely with the various stakeholders. ~i • ~~~ East West Partners Our Strengths ' Financial Track Record East West Partners has been in business since 1985 and it has an extremely good track record of success. Our financial partner has been Crescent Real Estate Equities. Crescent's financial strength, along with the entrepreneurial culture of East West Partners has proved to be a successful combination. Crescent is also significantly in the resort business as the owner of the Canyon Ranch communities, Desert Mountain Golf Club in Scottsdale and resort hotels. 1 Retail East West Partners has designed, built and managed a significant amount of retail, including over 40,000 feet in Beaver Creek, 50,000 feet at the base of Breckenridge Ski Area and now almost LUU,000 teet at the base of Northstar Mountain. We have been conscientious in developing a retail environment that creates energy and vitality. Obviously this is extremely important as we move to create One Vail. Property Management ~ ~~~ We don't build and leave. We build then manage our completed / ~~`\ projects. Ottr property management company, East West Resorts ~` ~~ has the skills to manage the complex master association and sub- EAST•WEST associations so evident in this project. East West Resorts has been RESORTS in business for 20 years and presently manages more than 50 condominium and hotel homeowner associations. ~~t ~~ • East West Partners Responsible Developer Our Strengths Nothing exemplifies our company's culture more than the ULI Award for Excellence we won for the Village Center project in Beaver Creek. Also, in Avon we have designed the Westin Hotel using the U.S. Green Building Council's LEED Green Building Rating in order to qualify the hotel for LEED certification. This wi11 be one of the first hotel projects in the nation to qualify. Our commitment to LEED would be the same on the Lionshead project. Community Involvement As individuals and as a company East West Partners is very involved in our communities. We live here, we ski here, we work here and we raise our families here. Our employees are involved in numerous, local non-profit and philanthropic organizations. Local Knowledge Real estate is always primarily a ~ ~~ COLORADO MOlIHTA/N EXPRESS local business. Slifer Smith ~ ~ .« Frampton has long been a leader in Eagle County. Asa 20 year firm in the valley and as long-time residents we have the knowledge to excel. We also recognize the importance of guest transportation and Colorado Mountain Express fills a unique niche in serving our guests and owners. We feel an obligation to do an extraordinary job. This is not simple a business interest, but a personal one as well. We see the renaissance happening in Vail and we want to be a part of it. We won't just build another big project. We want to provide a plan that contributes to the Town's vision. i ~ ``s East West Partners Creativity The success of any mixed-use real estate project is not so much in the building and design, but the unique creativity that makes it a special human place. East West Partners has not yet figured out all of those special ingredients on this project, but we are convinced that by working collaboratively with our professional team and the various stakeholders we can create an environment that Our Strengths transforms One Vail into a unique Vihir Center (top) and special part of the community. Our company and Beano's Cabin has had a track record of unique innovation. When Harry Frampton, Chuck Madison and Mike Shannon were at Vail Resorts we initiates the development of new programs that included an extraordinary increase in grooming and the introduction of high-speed quad chairlifts on the ski mountains. Also developed at that time were special facilities that included Beano's Cabin and the Beaver Creek Club. In Beaver Creek, in order to create a more complete and user friendly resort, we were able to introduce escalators, and foLmd a creative way to get the Vilar Performing Arts Center and ice skating rink built. New creative approaches to activate Riverfront Village in Avon include ahigh-speed gondola to the mountain, a public riverfront park, retail plaza and a wellness center. Who knows what those unique attributes will be for the Lionsllead Parking Garage Redevelopment, but East West Partners has a proven record of providing those extra special things that make a project successful. East West Partners ONE BEAVER CREEK .. ~fl •:._. ,,~~ . ~. vim:: COLORADO M~NTa/A/EXPRESS %.~"' ® EAST•WEST REAL ES'fA7E RESORTS BACHELOR GULCH° V I L L A G E ~ E3RECKENRIDGE ~1~,~e f ~i\IIC~I r~ 1 ~ Ori 16r Moxnla... AIYERFRONT PARg °OLOR^°° D....r, c..,..1 P.a N.;sbe..a..r . c.e.,iua e ,: - H~~~~ T ~iA~~C'~~AI1C~7 THREE ®PEAKS c L ~,~: I ~~~ ~iurv'smxec°ral~imlo~ ~ BEAVER CREEK o~.oxx oo acrr- Keystone East Ranch .~. i1R1~U~Ff/1D ~ (: R=TA n vuvvy~; cw/m.d... Vail's l~ivate Address ® as ~ THE V[LLAS .~ ........ o.~rx vi. L.... p E E R T R A I L ^~ E E A V "E R C R E E K a 1. 0 U C li v ~1 h e H igh Id n d r Sl o~ r u ~e Our projects, our partners, and our community. ,~ ~.~ ;_ B~NrcnASs f . ~, .... .`,Oa~O ar aacxE~o. cc<<~ .~<<ecE n< Reserve VII.I,A IV~ONTtW F. AT BACHELOR GULCH VILUGE° Frig ~, Tt[E h~(~~~~i~` PjFYQ~ THE MEADOWS ~lli Uv~~~gl~!µµ~~u~~ ~~~WIIIUJ / ~e~rC.~ r~,,.Cm,e ~; as.4ba~ ~, ~~ %7~elliglilaredsWestwiew ~ie~/zlaiz~~odye Storm Meadows I~~~ndf:r~~o~ `~ocztr `.?1lui~tAtt~ ~1'.`7~"" Steam oats rin s ~ . P S l:oc~~e ~~ RIVERFRONT PAR1{ Denveri Cewrvel Port Nrigbb.rbeaJ [=J~~ 1 East West Partners Our projects, our partners, and our community. FINANCIAL ALLIANCES embank _ , 'f`~'BrdNC ~estStar Sank p-~~+p-~ ~.._.RC~w34...~1~i Te I'~>. ~e.d>, Oar laa[: .,~1C ~o~a t'~i'tJ3Ltk t ULf3R.~ll~<? ~~ • ~ ~.- -~ q,Y' ~r,~' ~~~~ ~ 9kECK@,NRIpGF ~~ o o f -- -- °ou~an~N ~©ENVER ~~~ ~UNnA~c~1 ..~....~ t~~t~~ ART MUSEUIVI ~~ ~ ~_ __`. The Youth - Frisco Chamber ~ , ~ ~ Gore Range Bravo i UI~RHf}RN~ Outdoor Education Colorado Foundation - , o ~~ Music ~ ~ Center '~Y RACK('iF ~~.~ C'~~/:~~~~~~ Vail ~ .. -__ - % ~ S U.Lr,~~ . r F~ a ° ~ The Feuer f(SLT1f~SS <~~DIi1`t~~ . , ~ ~ i l~ ~ Z'~ ,~ TheDernnr ~ f'S ~4~ ~ ~G~,DA,~ti~T .~_ 1989 1998 1999 2000 2000 2000 2001 Best New Award of Large Business of Residential Philanthropic Best New Resort Governor's Award Ski Hotel in Excellence - the Year - Comlunity of Business Community - for Community North America - BEAVER CREEK COLORADO the Year - of the Year - MAIN STREET Involvement - HYATT REGENCY VILIAGE CENTER MOUNTAIN RlverfTOnt Park - Stlmmlt STATION - COlOradO BUS1tteSS BEAVER CREEK - -Urban Land EXPRESS -Aspen Denver Business Foundation Denver Business Community Ski Country Institute Chamber Resort Journal Journal for the Arts Association i~ i~ ~~ ~ `~,s 4`! s W East West Partners "East West Partners' stated goal is to create great places, great ' communities, and great life experiences. We are a fully integrated real estate development and property management firm, 1 specializing in complex mixed use projects . " East West Partners is a family of ~+ ~~~~~'~ ~ ~~'"~ related but independent compa- R ~ ~ ~ ~ ~ ~ ~ ~ ,~ v pies devoted to building, selling, ,z ~ ~ _ ~ ^ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ =w managing, and supporting high- ~ =- ~-~ ~- "- ---~~°~ quality real estate in the comma- ~ ;"- - ~ ~ ;~. ®® pities in which they operate. - -`- ~ ~ ' - ~ ~ ' ? ~°~ ~ ~ We place faith in good people. Each company has broad-based employee ownership with day-to-day management responsibilities. Everyone works to delight customers in every transaction. We are dedicated to innovation. An entrepreneurial spirit is encouraged on the part of each employee, thus helping avoid "commodity" products or services that have little added value for our customers. We recognize that we all have responsibilities. We understand that it is good business to give back to the communities in which we work, and to vigor- ously protect the natural environment. Since it inception 20 years ago, East West Partners has focused its development efforts in the following areas: • ~~1~~:t~.~ U~~ I"~`~~~I~f ~`I~t~~`~'C1li'~ ~~~II?~`II111':~~ ~li~1c~, (-l~~l~~~'illl:l~, l~ct:ll~ ~III~~ 1-~'~I"~',iTI~~ILI~ 111~111[l~'~ • A11 t<~rms ut resort residential, condominium, t~~~~-nhome, single family • ('luh and ho~pir<~lity facilities • I~esurt and I'rim~n-~~ Residenti~il rlanned u~nu~nunities We are currently developing in five primary locations: • Lake Tahoe, (;alit~~rnia • f :irk City> Ut~~h • Denver, Colorado • Charlesmn, ~ourh Carolina `/ . d ;~ _ _ ~__ ~ `v "Our mission is to deliver exceptional work place environments and innovative solutions to vur customers every day. Our people bring pride, passion and commitment to real estate . " Crescent Real Estate Equities Company (NYSE: CEI) is a real estate investment trust headquartered in Fort Worth, Texas. Through its subsidiaries and joint ventures, Crescent owns and manages a portfolio of 74 premier office buildings totaling 30 million square feet located in select markets across the United States, with major concentrations in Dallas, Houston, Austin, Denver, Miami and Las Vegas. Crescent also makes strategic investments in resort residential development, as well as destination resorts, including Canyon Ranch. Canyon Ranch Lennox Lennox, Massachusetts Award winning Canyon Ranch set among the wooded hills of Lenox, Massachusetts, offers the ultimate healthy vacation. At the last turn of the century the Berkshires was a haven far aristocrats. Today we'll treat you like one. Among the aesthetic touches and thoughtful amenities Canyon Ranch is dedicated to making your stay a constant pleasure. i~ "~~Ie focus on acquisitions of historically under-performing or 1 under-capitalized businesses and strive to unlock "hidden value" by re-envisioning and repositioning these enterprises . " 1 r; ;. ~_ . i ~Y~ IIICt.i ~ r_. i ,~~ Hotel del Coronado - San Diego, California KSL Resorts operates a collection of destination resorts that are grand without pretension, rich in legacy, and genuine in service. United in their individuality, they each have cultivated a distinct personality while sharing a commitment to outstanding service and amenities. KSL Resorts integrate the romance of yesterday's grand hotels with today's relaxed sensibilities to create an entirely new resort experience. The Crown Room, Hotel Del Coronado 1 << Ahead o f schedule and under budget .. . ...on one of the biggest civic projects in Colorado history." The projected schedule of eliminating 1,150 parking spaces, and rebuilding 2,000 in a period of seven months would he preposterous for most companies. But, this is precisely what we do. ~ ~ I-25 SoLrtheast Corridor (T REX) - ~` Denver CO ~.~ ~~ ~ The $1.3 billion T-REX Project is the !~~` ~ ~ ~ largest transportation contract in Colorado '" ° .. ` ~' history. Designed and built by Southeast Corridor Constructors, a Kiewit-led joint venture, this landmark project includes improvements to 17 mi. of I-25 and I-225 and construction of 19 mi. of transit lines. `SOM is committed to achieving design excellence, while satisfying the needs of each client and reaching solutions that respond to the specific context of each project." Skidmore, Owings & Merrill LLP (SOM) was founded as a collaborative practice of architects, designers and engineers organized to reflect the integral relationship between architecture and engineering in building design. Each project is considered a utlique opportunity for innovation. We are aresearch-based practice that is comprised of workplace strategists, interior designers, planners, architects, industrial designers, graphic designers, and technology experts who work in a collaborative forum that supports and is supported by the larger resources of the firm. We have structured our practice at SOM to ensure that all projects are executed to the highest standard of design quality. Each is assigned a multi-disciplinary staff that includes the necessary depth and breadth of talent and expertise to create a unique design solution. We believe that design grows out of its time and place as much as it develops from the ideas of clients and building programs. By understanding and expressing the unique character of place and tradition, SOM has designed some of the world's most admired mixed-use buildings. Whether part of a large development or a planned community, across the nation and around the world, our clients have entrusted SOM to design projects that are aesthetically exciting, accessible and highly functional. As a fully integrated, multi-disciplinary firm, SOM projects are lauded for their striking form, structural innovation, programmatic diligence, cost sensitivity and energy efficiency. Design Workshop is an award-winning, international firm practicing landscape architecture, land planning, urban design and tourism planning. We combine principles of smart growth, sustainable design and environmentally sound planning to reconcile economic needs with the preservation of scenic, cultural and community values. Snowshoe Resort, WV Originally built in the early 1970x, Snowshoe is primed fur redevelopment that will capitalize on its unique ridge-top location and wilderness surroi.mdings. Bought by Intrawest in 1995, the 25-acre resort village is using Design Workshop's redevelopment plan to forge a vision fur the future. This includes site improvements and activity programs to make it a successful destination resort that caters to pedestrians and offers a comprehensive menu of recreational opportunities. marl Parking ~Na ~ ke r ' Planning Engineering Restoration "As one of the most experienced parking consultants in the industry, Carl Walker, Inc. has created innovative, flexible and cost-effective ' solutions for parking projects throughout the country since 1983." ~_. ~~ Louisville International Airport Louisville, KY This 4,304-space post-tensioned concrete parking garage was designed and amstn~cted in only 21 months on a fast-track basis using multiple bid packages. It includes flat parking floors for enhanced lines-of-sight through the garage, two circular helix ramps for rapid vehicular ingress and egress and two large interior lightwells covered with glass barrel vaults for openness. Pedestrian amenities are numerous, including cascading stairways, six elevators, skywalks and tunnels below the lower-level roadway for access to the main terminal. ,.. >! "Creating diverse architectural solutions to our clients' wishes for over 30 years . " Gwathmey Pratt Schriltz Architects, p.c. ~,,;~ . is a Colorado Professional Corporation for n~-~ the practice of architecture, emphasizing ~`~~ design excellence and attentive service. Members of the firm have extensive experience in architectural master `~~ planning, design and construction administration of single-family residences, multi-family residential projects, "°~'`~.. recreational facilities and commercial ~' ~; `'~'~ developments. ,:~,~ ~~~ ~.`x~ ~tti O - a - East West Partners visit our Web saes Our companies offer more information than we can possibly present in this proposal. If you would like to find something specific we encourage you to visit our websites: :~;.,, „E~,~,~..p.~,~,; ~;_„R,~ www,ewpartners.com www.kslcapital.com '~` '"'~`~~`° "~°°~ www.som.com www.crescent.com "'' ~ e s t Partners WWW.k1eW1t.C01T1 WWW.e SaTC~1lteCtS.C0111 ca,r ~~ '~ ~ ~ ~ ~ ~ `°^"" °°~ `°~~'•~~' www.carlwalker.com www.designworkshop.com sx :- !c~ 1^~ ~F. . ., '.~ .. ~~ ,:. V. ;~. ". '-~ ...,.E '. I'~~~1 ,.~K~eW~t i ~ "'4~ fit` , m,,,~_ F,~ 4 ~ ~r ~ ~ ~ +h~4 ~ p, M F ~ ~~; ~ t•~ '~ ~.~ y . ~ ~ F Y: S h J ~~ ~~ 1. J : ~ ~ ~ v, _ ~~ ~ .. ~~~" `'a /,y , ~ East West Partners ~:,: _ . ~. Westin Riverfront Resort ~ Spa at the Base of Beaver Creek Mountain New Projects • 120 room hotel • ~~ 2 & 3-bedroom condominium units • 110 condominiums outside of hotel • 1 15 fractional units outside of hotel • Gondola access to ski resort l .r~11sI1~1iiUurl 1111c1C1' l.l'cl1' Northstar -the Ritz Carlton Hotel and Residences in Tahoe ~ 170 room hotel • 17 pei~lthouse condominiums • 60 condominium units ~ 75 fractional units • 13 one bedroom employee housing units • Meeting Space - 12,000 square feet • Spa/Fitness - 21,000 square feet _;~,iutn~rtiun ~turt~ luf~~ ?~~~`(~ _ ~~ /,.;• '. • ~~ ~ East West Partners v Hughes Center-Capella Hotel and Residences, Las Vegas ~ 100 room 5-star hotel • 480 condominium units • Just off the Strip Nea,t,~ Projects ~.1)11JT1"1lCL1u11 ~tQ1"!~ ~1~1'lil~;~ Zl~l~~ "W" Hotel, Denver 170 room hotel • 165 condominium units • Behind Union SCation ~~ + \ ~ East West Partners ARROWHEAD Cresta AVON Mountain Star ' Riverfront Village/Westin Riverfront Resort and Spa BACHELOR GULCH Bear Paw Lodge Buckhorn Deer Trail Horizon Pass Lodge Hummingbird Lodge Quartermoon Ritz Carlton Highlands Snowcloud BEAVER CREEK Beaver Creek Landing ' Greystone Highlands Lodge Highlands Slopeside Highlands Townhomes Highlands Westview Hyatt Mountain Lodge Market Square McCoy Peak Lodge The Meadows One Beaver Creek Park Hyatt Resort and Spa Residences at the Park Hyatt Saddleridge Conference Center Villa Montane Condominiums Village Walk The Villas ' BRECKENRIDGE Hyatt Main Street Station Main Street Junction One Breckenridge Place CORDILLERA Bentgrass DENVER ' Riverfront Park `W' Hotel EAGLE Eagle Ranch EDWARDS Edwards Station FRISCO The Reserve Project List KEYSTONE Keystone East Ranch Riverwalk LAS VEGAS Hughes Center -Capella Hotel TAHOE-OLD GREENWOOD 100 homesites Fractional Townhomes Fractional Cabins The Villas Nicklaus Signature golf course The Pavilion (pool, tennis, workout facilities, grill) TAHOE-GRAY'S CROSSING 400 homesites The Bluffs The Ridge The Woods The Meadows Affordable Cottages Employee Housing The Village at Gray's Crossing Jacobsen/Hardy golf course TAHOE-NORTHSTAR Iron Horse North Iron Horse South Great Bear Lodge Catamount Bighorn Village Townhomes Northside Condos Ice skating rink TAHOE-NORTHSTAR Ritz Carlton, Highlands Lake Tahoe Trailside Townhomes Highlands Lodge Club VILLAGE HIGHLANDS TAHOE MOUNTAIN CLUB Wild Goose Wild Goose II Coyote Moon golf and grill Schaffer's Camp Alpine Club VA I L The Cascades Covered Bridge Building axJ ,J -'~ 11 s l (~ ~ ~ East West Partners BEAVER CREEK, COLORADO mom; ,._., K n; ~''S ..~ ,,. ~_ {: Examples from our Portfolio It is one of the premier resort hotels in North America. Now, a limited number of families will be able to enjoy one of 15 new, shared-ownership residences within the hotel. The ambience and services of this remarkable hotel and the convenience of the central village location in Beaver Creek Resort will be theirs to enjoy. 302 room hotel & meeting facilities, restaurants, retail shops, lounges, health spa & pool. Originally a Hyatt Regency Hotel, the property has since been upgraded to Park Hyatt standards. East West Partners also expanded and upgraded the nationally-recognized Allegria Spa. BRECKENRIDUE, COLORADO ,~. . ~_ ~, - ,~~ fi; ~~4 ~.. ~~ , DEER VALLEY, UTAH ' i:. ~ "f.M r. ~~ "-`-°" ,~, , ~„ ,.;, At the base of the slope in the heart of town, Hyatt Main Street Station is simply the best address in Breckenridge. It occupies the perfect location, at the south end of historic Main Street, on the Blue River where miners once panned for gold. In addition to being in the most desirable location in Deer Valley, residents of this mid-mountain Village will enjoy a level of service, serenity, and privileged club membership that is, quite simply, unsurpassed. ~° ':~ ~saV East West Partners DENVER, COLORADO Examples from our Portfolio Riverfront Park is the residential center of downtown Denver. Overlooking Commons Park and the South Platte River, it is a whole new neighborhood with lofts, condominiums, and apartments as well as shops and services. It is the perfect location for those who want a distinctly residential neighborhood to call home and the convenience of being able to walk to all that downtown life has to offer -sporting events, museums, concerts, dining, parks, and shopping. ~. ,~~~ ~~ °~ ..~ ~: ~~` The idea is simple. Turn the floor plans 90 degrees, so residences run parallel to the outside of the building. So, instead of having one or two rooms with windows, almost every room has windows that extend from floor to ceiling. Homes are flooded with natural light. A bright idea in urban living, really. They are perfectly named. Homes. In town. As you would expect, they have private front entrances and lots of outdoor space. They are unique. They are The Townhomes at Riverfront Park. With Cherry Creek on one side and the sophistication of Riverfront Park on the other, The Townhomes could not have a better location. These three- bedroom, three-bath, three-story homes combine contemporary, urban architecture with traditional favorites like 10-foot ceilings, fireplaces, and spacious decks and patios. '~' ~ ~ East West Partners -4.,,~~' Examples from our Portfolio DENVER, COLORADO ~~ ~~ ;':, ~-. ,~ ~: .~v ~. ~a~~ ; r .. - t The Brownstones line the 25-acre Commons Park and feature the highest level of customization. They are elegant, inviting, and stylish homes which offer the single-family lifestyle just steps from downtown Denver. Three levels of living, three bedrooms, three full bathrooms, and a three car garage. Good things come in 3s. Rooftop decks and large spacious rooms round out this luxury experience. Glass House has generated an enormous amount of excitement in Denver. It's priced incredibly well, below the market average, and yet better located than just about any other condominium project in the Denver market. With 389 homes in two 23-story towers, floor to ceiling windows, and a fantastic amenity package, it's not hard to understand why there's so much buzz. ONE Riverfront is where modern and luxury coexist in delicate balance. A place of calm. Perfect proportions. Thoughtful materials. Harmonious flow. With no detail left unquestioned, purposeful craftsmanship might just be its most exquisite feature. The homes at ONE were designed to embrace people. Floor to ceiling windows provide boundless natural light offering relaxed sophistication and captivating vistas. EAGLE, COLORADO ti ;. ;,, - :~ Eagle Ranch is a place nestled in a lush Colorado Valley - ~ - where you can truly have the traditional community feel, only minutes from world class skiing at Vail and Beaver Creek resorts. With amenities galore, Eagle Ranch includes a superb Arnold Palmer-designed golf course, a 145-acre park, miles of pedestrian paths and trails, and a charming village center. /'~ r~ {=~ ~~ East West Partners ' LAKE TAHOE t, F ~ ~ _~_ ~~ ~ _ R.~_ ._ ..~_~"£ .. ~ ~' k_' e } ~~ I } Examples from our Portfolio North Lake Tahoe is about to experience a rebirth, A modern-day renaissance in the form of Tahoe Mountain Resorts. Encompassing four outstanding communities and an unrivaled Club, Tahoe Mountain Resorts, by East West Partners, is creating the new four-season resort standard in Tahoe and in all of North America. Northstar and East West Partners have come together to create the first step in the redevelopment of Northstar. "Our goal will be to create a warm, friendly, pedestrian-oriented village that is festive and fun and has that casual, family- friendly atmosphere that people love at Northstar," said Roger Lessman of East West Partners. Gray's Crossing is a spectacular 750-acre community located in Truckee. Included in the community is a neighborhood village with shops, special homesites, a Peter Jacobsen golf course, and an intimate series of buildings for the clubhouse. This is the setting that invigorates the spirit, relaxes the body, and brings families together. This is the place that takes you captive as it sets you free. This is where Gray's Crossing is being created. Looking out your window at the back nine, it's easy to see that Old Greenwood is more than just a place. Nestled in the mountains of North Lake Tahoe, Old Greenwood is where memories and traditions are born. Just 99 Home-sites are offered, along with beautiful fractional ownership cabins and town-homes along-side Tahoe's only Jack Nicklaus Signature Golf Course. s , v East West Partners LAKE TAHOE tied y„ - 5. C.( '1~';~ 111 k . ~ 4t32 0.'r A . •: € ~~ Examples from our Portfolio This prestigious club will bring together the four premier neighborhoods of Old Greenwood, The Village at Northstar, The Highlands, and Gray's Crossing. Members will share a strong sense of community, an appreciation for the arts, a hanger for knowledge and a desire to enjoy the truest Tahoe experiences. Everything you love about Tahoe - everything you've always wanted to do and more -will be yours without compromise. Coyote Moon Golf Course is one of the finest mountain golf experiences in the country, and with good reason. The course sits on 250 acres of secluded rolling hills, majestic pines, and wildflowers. Without a single house to spoil your view, playing Coyote Moon Golf Course offers an experience seldom found in golf today. Spectacular scenery, tremendous weather, quality service, and a phenomenal golf course are all located quite naturally in the Sierra. Plans are underway for The Highlands, a new on-mountain retreat at Northstar. The Highlands will feature single family condos, townhomes and a luxury hotel, placed high atop Northstar. The Highlands will feature stunning views, complete ski-in/ski-out convenience and Northstar Village right below. Tahoe Mountain Resorts & East West Partners are proud to introduce fifteen whole ownership Villas at Old Greenwood. Conveniently located just steps away from the Members Pavilion, Golf Shop and first tee, these custom homes will provide the very best in features & finishes. Whether you yearn for an early morning round on the course that Jack built, a rejuvenating dip in the pool, or simply a quiet place to relax, The Villas at Old Greenwood offer the perfect four-season mountain retreat. 1 ~~ ~ ~~ "~ :;;t:t ~'~~f ~; ~;~ w _' ~. ~~ } . ~ . 4 ~~~ San Francisco-Oakland Bay Bridge Skyway Segment - Oakland, CA The single largest contract in Caltrans history, the "Skyway Segment" replaces over 1.2 mi. of the bridge's eastern span. Composed of precast sections, the new span will rest atop some of the longest and largest diameter bridge piles ever driven in the Bay Area. The work, performed by a Kiewit-led joint venture, is a key part of a major seismic retrofit program. Benicia-Martinez Bridge -Benicia to Martinez, CA Awarded to Kiewit Pacific Co., a subsidiary of Kiewit Corporation, in October 2001, the Benicia-Martinez Bridge involves constructing a new five-lane, 8,790-ft.-long toll bridge between the City of Benicia in Solano County and the City of Martinez in Contra Costa County. The bridge consists of 130 piles, 1,700-ton footings, 17 piers, 11 pier tables and 335 cast-in- place segments. ~ 91 Express Lanes -Orange County, CA y Hailed as a "godsend" by The Wall Street Journal, 91 Express ~~ ~ `~~`~ ~ „~,.,~~~'~~~ Lanes, the world's first fully automated toll road, is the result of a ~`~ unique public-private partnership to improve California's trans- ' 'w ^~~ :~, ~ portation infrastructure. Completed in December 1995, the $126 '°a` million privately financed toll road project offers motorists four free-flowing lanes along the median of the Riverside (91) Freeway. Tacoma Narrows Bridge -Tacoma, WA The $615 million Tacoma Narrows Bridge is the first long-span suspension bridge to be constructed in the United States since 1964. Scheduled for completion in early 2008, the new 5,413-ft.- long bridge will include a high occupancy vehicle traffic lane, a separated bicycle/pedestrian walkway, an 8,000-sq.-ft. toll plaza building, and configurations for a future secondary roadway or transit deck. US Air Force Academy Chapel ~ i? t ~.: t ~ ~~~ The culminating architectural feature of the campus, the 150-foot Chapel is situated on a podium adjacent to the Court of Honor. The program required three distinct chapels: a 900-seat Protestant Chapel, a 500-seat Catholic Chapel, and a 100-seat Jewish Chapel. Each Chapel has its own entrance and particular relationship to the plaza. The main-floor Protestant Chapel is enclosed by tetrahedrons clad in extruded aluminum separated by continuous colored glass panels, with north and south ends and side windows of special laminated glass. The terrace-level Catholic Chapel is characterized by precast masonry forming the ceiling pattern, with side walls of amber glass and strip win- dows of faceted glass. The Jewish Chapel is a circular room enclosed in cypress frames and stained-glass slabs, with a foyer of Jerusalem Brown Stone donated by the Israeli Air Force. A fourth Chapel or small meet- ing room can be used for individual services or meetings. The Cadet Chapel won the 25-Year Award from the American Institute of Architects in 1996. Trump Tower Trump International Hotel & Tower will be the tallest building project in the United States since the Sears Tower was completed in 1974. The architectural design strategy for Trump International Hotel & Tower is a contextual one: The south side of the tower parallels the bank of the Chicago River, and this position enables the structure to connect with Chicago's north-south grid. The building is shaped to reflect its orientation along the riverfront, and its width is sensitive to its surroundings. Through the contemporary synthesis of adjacent building fabrics and modulations, Trump International Hotel & Tower expresses a truly modern architecture. The first setback occurs on the east side of the tower, at a height that is essentially the same as the cornice line of the Wrigley Building to the east. The next setback is on the west side of the tower and relates to both the height of the residential tower to the north and Marina City, to the west. The third and final setback is on the east side of the tower and relates to the height of the IBM Building immediately adjacent. Setbacks in the tower's massing provide additional connections to the surrounding context and integrate the tower into the overall composition of its riverfront setting. For instance, the facade treatment of this tower ' relates to the Wrigley Building through the spacing of outset stainless steel tubes; they capture a rhythm that corresponds to the major-minor rhythm of the Wrigley facade. Materials include a light silver palette of stainless steel and clear anodized aluminum that reflects and refracts light from the sun. The tubes are set out from the glass surface in order to provide density and thickness-as well as a metallic quality-to the otherwise flush glass wall. This mullion system is both vertical and horizontal and provides a delicate latticework to the facade. The building's massing is lifted by forty feet, opening up an expansive, landscaped promenade that steps down, like terraces on a hillside, for three lower levels, until it meets the Chicago River. This promenade provides a pedestrian connection between Michigan Avenue and State Street. It also provides public assembly spaces and retail activity at the river's edge. _ ._._,_ ;, ._ -...: - ---- .i~ The Commons -Denver, CO C CI~~ Patterned after vital, transit-served neighborhoods like Boston's Back Bay and New York's Upper East side, the Commons neigh- borhood reclaims the bare earth of former rail yards. Design Workshop guided this vision fora 21-block district of homes, busi- nesses, shops and entertainment next to the Lower Downtown historic district. Snowshoe Resort -Snowshoe West Virginia Originally built in the early 1970s, Snowshoe is primed for rede- velopment that will capitalize on its unique ridge-top location and wilderness surroundings. Bought by Intrawest in 1995, the 25-acre resort village is using Design Workshop's redevelopment plan to forge a vision for the future. This includes site improvements and activity programs to make it a successful destination resort that caters to pedestrians and offers a comprehensive menu of recre- ational opportunities. The Rocks at Pinnacle Peak -Scottsdale, AZ Design Workshop helped create this 22-acre residential develop- ment through site planning and site design, including design of a common trail system through the hillside community and siting of the private courtyards for each of its 40 villas to optimize the spectacular views of the surrounding desert. The firm's efforts also included entitlements preparations, coordination of site work, and design of all planting, paving, entry features, streetscapes, lighting design, patios, courtyards and open space. Williams Village -Boulder, CO Framed by a mountain backdrop, with architecture inspired by Italian hill towns, the University of Colorado's Boulder campus ranks among the nation's finest and most beautiful. To address a chronic shortage of student housing, Design Workshop's master plan maximizes the use of 45 acres to house 2,000 additional stu- dents. This framework plan revives the principles of traditional campus design to remake a landscape that is now dominated by parking lots and high-rise dormitories. Ca r1 Parking Ala 1 ke r Planning Engineering Restoration St. Joseph's & Children's Hospital -Denver, CO Exempla St Joseph 's and Children's hospitals are separated by a city block. Each had ownership of half of that block and planned to build a 400-space employee garage. Carl Walker, Inc. suggested the hospitals work together to build one garage and achieve econ- omy of scale. A Joint Venture company (Med Park) was formed, an alley was vacated, and the combined garage, with 893 spaces, produced about 12% more spaces at a reduced cost than the two separate facilities. Louisville International Airport -Louisville, KY This 4,304-space post-tensioned concrete parking garage was designed and constructed in only 21 months on a fast-track basis using multiple bid packages. It includes flat parking floors for enhanced lines-of-sight through the garage, two circular helix ramps for rapid vehicular ingress and egress and two large interior lightwells covered with glass barrel vaults for openness. 11th and Oak Parking Structure -Kansas City, MI This ten-story, 1,305-space parking structure, which won the local AIA Award, was designed and built for area businesses, govern- ment employees and visitors to downtown Kansas City. The mixed-use structure features multiple entry and exit points, 17,000-square-feet of street-level retail space and a unique perfo- rated metal facade to complement nearby governmental buildings. It features a parking access count and control system that moni- tors permit and visitor parking. Forest Avenue Garage -Anne Arbor, MI The Forest Avenue Garage was a joint venture between the Ann Arbor Downtown Development Authority and the University of Michigan. The garage features unique architectural detailing with angled glass curtain walls at the stair/elevator towers and decora- tive canopies at vehicle entrances. It provides a total of 863 spaces on seven parking levels, and includes a sophisticated access control system that monitors and electronically nests U of M per- mit parkers, City of Ann Arbor permit parkers and visitors. 1 Vail Marriott Mountain Resort Located in Lionshead Village at Vail, Colorado, the reconstruc- tion and facelift of Vail Marriott Mountain Resort skillfully com- bined the style of a classic European mountain lodge with the constraints of a complex existing structure. While working within the Lionshead Redevelopment Master Plan Guidelines, the three phase, three building project included renovating the existing hotel rooms, remodeling the upper floors into luxury condomini- ums, reconfiguring the guest services and entry porte-cochere and extensive face-lift to the entire Resort. Game Creek Club Located at the top of Vail Mountain Ski Resort, the Game Creek Club is nestled into the mountainside capturing the grand vista of the Vail Valley. Accessed by only skiing or snow cat, Vail's most prestigious private club caters to the membership with private din- ing, meeting rooms, skier services and a separate guest chalet for overnight stay. The timeless design, influenced by traditional European Mountain structures, is constructed with natural build- ing materials complementing the surrounding national forest land. One Beaver Creek Place At the main portal in Beaver Creek Village, Colorado, One Beaver Creek Place is the gateway to Beaver Creek Ski Mountain. This mixed use building includes eighteen luxury condominiums over premier shopping and dining establishments, retail space, underground parking and skier services immediately adjacent to the primary Centennial quad lift. Superior services include a series of six escalators to transport skiers from the center of the village to the slopes and lifts. Quartermoon Townhomes Built near the top of Bachelor Gulch Village, the Quartermoon Townhomes skillfully blend into the mountain landscape. The seven-building, thirteen-unit custom-finished complex's mountain architectural style is identified by log and timber construction, stone foundation and luxury interior finishes. States Dynamic Financial Alliance East West Partners w East des t Partners has in the pas t teamed up almost exclusively with Crescent Real Estate Equities Company for our projects. V~Ie have expanded our team for this project to include KSL Capital Partners to bring additional hotel and resort operating experience as well as local knowledge to the project. East West Partners is a privately held developer who primarily obtains their equity funding from Crescent Real Estate, a publicly traded REIT. This funding comes from a 100% owned subsidiary of Crescent Real Estate called Crescent Real Estate Development, Inc. SOME PERTINENT FACTS ON CRESCENT REAL ESTATE: • PUBLICLY TRADED REIT UNDER THE TICKER CEI. • ASSETS IN EXCESS OF ~4 BILLION • MARKET CAPITALIZATION OF ~2 BILLION SOME PERTINENT FACTS ON THE CRESCENT REAL ESTATE~EAST WEST PARTNERS RELATIONSHIP: • MORE THAN 12 YEARS WITH OVER 50 PROJECTS • CRESCENT HAS INVESTED OVER ~SOO MILLION IN EAST WEST PARTNERS PROJECTS FOR MORE INFORMATION ON CRESCENT REAL ESTATE, INCLUDING THEIR ANNUAL REPORT OR IO~K~, PLEASE VISIT THEIR WEB SITE AT WWW.CEI-CRESCENT.COM. ~, ___ .-_. _ _ __ ~~,_.. r ;. ,. ____ . ~ - . ~{ . •. , :. ,~ ~ ~, . r~ ~.: .~ ~: ,. ._ ; ~ . - ~~ ;fi .. .. ... . ,,- _ r _ _.. x_._--~ k., ~ v 'v ~: YEAiaS ENDC ~ i ''I# ~ n :4J5 2'J+J# 1 Trtaf property rPVenue ~, 1.023,;.23 00~' '~ .~ Income fror7i property opc riti,~ns 180,3c;4 °1 ~ ,C~t; I»cbrno ilossj from v~~.ntin,~ing op .r t:!~~n;~ t~ afv.re rttinority interests anti arc;or~ie taxes 24.ah8 i='~, '~F3~~ Nef income (loss) available to ~:<<~ ;~mon shnrr=F;cide.rs 63,?69 9 ~#- I '~~=~ Basic ean~ings (lo s) Fse~ cr~r7rrto~t slr<~r~: {Lt55 j income avai`ab~le to cornrncn sl,aruhoid<.rs b~furi cifscontintfed operatior5 and cui-nttlative c.fff.ca ofa cn~r,~ge ui accounting prmca;~la ~ (0.3C)1 ~~ t.?r; i~et income (loss) available to cemrx;r sf areho?filers -- basic 0.63 i •-13 Qi~ut~r~ earnings (lrs~) peg corm;inn sham, (Lc;ssl ii~c,3me available to cr~mmcn ~hart'hv,rlers before disCrntinued epcraY,ians and ct~rnula.tive effect r r a chanq~ i,-t i~ c;ountmg prlr~ci~~IE' $ (0:34) :a l 3~b NEt ~~~ncome. (~o a) wai!ablP tc con.rnon shareholders - dilut~_c9 O.g3 , .}z Total assets $4,141.862 4, + t <7 ~-~1 Totaldek~i 2.259,47,', :2 5 Taiala}tarEf~oldcis'ed;.ity 1,:%<f1,995 I .~~)U~-"f) Gash di.atrihutioi~ -declared pr~r f~fr-n;mon :h<3re `~~ 1.00 _., We~~hi~:d avr:~ac~ Gon~mon shin;<Ar-d ~t i~ s eu?>t~tr,r~~ng t~,as~~c: 118.0'2,442 1 ~ ,'.-.iUB YY~~f~, ~4i{~.(j IVP '~. (.~f, ' CbmmUr ~i ,ros and r~nits otii,t~,i r.,~ncl - dilt.rted 1 1£3.836,421 7 ~ c.g5 8J"i Gash ftova ~ ro~,iided by (usEsd in): Ul-rating at,tivi'e; 133,62; c;,,g>(; In c JC1Ci 9 tl Jrti ,:' (1 ~O~J ~~~~ f "1 < . t t'Ih~,81'tC.rt~ ~C;C'~.Vltl@R 52~t;~Fi6 i,1U~,.ii.`~j F 'i'~Ci;; frC) n ~), ~t:fF3t~pilS aV ilSi i)le f0 ;c,~irnon sharehn tiers d~~utt~~' e ~ 144,37 7 i~~ .;%;S a v, FFr' _,' GAP t;- ~ ; , l1 -~f ~ ~ i, ~ i r NYSE ticker: CEI Company head~luarte,s ,r~ Fort Worth. Texas Four resort ~r~sittentral dNVelap,r;ent rorp~raticuls Initial Public Offering in 1994 C'J~,vr~~ 40~?o e~f Ca nyon Ranch assets. in!;luding brand 4005 totalsharehoider return: 1 7.9~b Three; world-r_la5 s luxury resorts anc! spas and Market capitalization (including consolidated three upscale bu siness-class hotels debt) at December 31 , 2005: $5.0 b,lhon ' 75 office prapert,f; , owned!rn tna,ryed vdith 3,0.5 million srluare feet of rentable space' a __ n0°%o Offi~,~ i9~,~ R- ~ort Pr -i.'~~ntisl ' n~ /~l:~f~rr,~~ ~. .. 10~~,~ P.ee,ortslHotals ;,~,~~ R.,~,,.r~~ ' 1 1 ?~. Uthrr fn. _,tments ~,~~ ~ ,: ~ rr .. ~~_ , - ~ a ~._ ~,r ;._ C xnv~ , P> ~r,f~ ,~~r;s;.i~ ~. _, ; _ - G, >on. rt 2~9 .Mauston '2 11.9 ~.2 ~1 Parf: li, << E3e,/ -r Cray r h~sori g ~f~a 5~ron, CO 275 Daiias 18 ;, a 5.,_^ ~ F JI Y;I ~J lI ~.)rltl llid f~LS~~L1 tl ICi fl ~ ~C??_ ~>~ !l Icl, Cf5 ~~~~ Dc,lver 7 '.; 2.2 1 1 V~'I ~, G! ~I I(1;1 ~t .~~J i~ ~1 j ~ll ~. C;~ ~{,} tlust,n ? 1.9 1 1 n 7 ,f1~4 tvTfamf (~ 1.8 1.3 9 I ~-ts tifP~as F; 1 .1 1 -t 5 Uther 7 2 !.~ t2 ,._, ,, _, 7s aa.~ •ao.o Sao _ DenvE ~ 1 -. r ~i6 t r ifi/ ! 18nter '~' (} r t :3 C3mnr FlUSP,~ {-{uiG'I ~. t~sL~ f '. ,y .~:~ ,c, Renaissance Houston I-tot~€ -- - _:. _------ H ;toy,;. T;<. x':38 _ _ _ _ - -- ;, ~rE ~ ~ .. 1,;37G Desert t~ountarn ,~Z c32 Crescent Rasart Development CG. CA' ~, 139 4,241 ~'. •~ s Crescent provided a total return to its shareholders in 2005 of 17.9010; of this, 9.4 percentage points were paid in cash through our quarterly dividend. Our return to our shareholders compares favorably to both general market and industry indices for the year In addition, our quarterly dividend included an attractive 29.5~l0 return of capital. Unlike prior years, we did not close any blockbuster deals in 2005. Certainly, the wonderful pricing of assets and abundance of capital looking for investments in real estate impacted our decisions during the year and allowed us to recognize significant built-in value from select properties. We sold $279 million of properties, realizing gains of $144 million and generating $151 million of net cash proceeds after debt retirement. In addition, our resort residential development business generated $205 million in cash, $161 million over and above our reported funds from operations of $44 million. Beyond all of the statistics, our 2005 results are best characterized as simply "our strategy in action." Although it was an opportune time to sell certain assets, 2005 was a competitive year to find attractive investment opportunities. We believe that we maintained our discipline by waiting for opportunities that clearly fit our criteria. New investments during 2005 totaled $535 million - $188 million in office, $162 million committed to new resort residential development projects, and $185 million in mezzanine investments. Additionally, we initiated three new office developments totaling $255 million. These office developments will be delivered in 2006 and 2007. Office Our decision to focus our efforts an the management of outside capital through joint ventures in our office business was well timed, as pension funds and other institutional investors are substantially increasing their investments in real estate in general, and in office assets, specifically. We are convinced that this strategy wilt create a much more valuable enterprise as we continue to grow assets under management. We now have almost 15 million square feet, or $2.8 billion of assets, under management through joint ventures. Our equity investment in these assets averages 29alo, and our average annual fee income is now mare than $16 million. In addition, these joint ventures generally provide for us to earn a promoted interest, or an outsized return on our invested equity after certain investment hurdles are reached. As we saw with the recent sale of 5 Houston Center, the promoted interest owned by Crescent as the manager can add significant upside. Currently, we value our promoted interests in our remaining joint ventures at $75 million to $85 million on a present-value basis. In only three years, we have become the largest real estate partner for an affiliate of General Electric Pension Trust ("GEPT") and the largest office real estate partner for a pension fund investor advised by JPMorgan Asset Management ("JPM"}. Both of these powerful institutions are very particular about the companies they do business with and, accordingly, we are very proud of our relationships with them. Our success in investment management is attributable primarily to our office team and the level of service they provide to our partners, as well as to our customers. This same team has won the National Commercial Rea! Estate Customer Service Award for Excellence for five consecutive years. This annual award, sponsored by CEL & Associates, Inc., is based on surveys of the customers in our buildings (we refer to tenants as "customers"). Our customers consistently rate our management teams as exceptional, and in 2005, 93~lo indicated an intention to renew at a Crescent property. The focus an customer service that we initiated back in 1999 has definitely paid off. In 2005, we demonstrated our ability to acquire t OOdia of an office property and, within a short time frame, attract institutional partners. This approach allows us to react quickly to an attractively priced acquisition and, subsequently, enhance our return through ajoint- venture structure. For example, One Buckhead Plaza in Atlanta was acquired in April and then joint ventured 65~la with Seattle- based Metzler North America in June. We were able to pick up an immediate additional 400 basis point yield an our equity, as weft as the opportunity to earn a promoted interest above targeted returns. Additionally, we acquired Chevron Tower, now called Fulbright Tower, in Houston Center for $106 million, or $85 per square foot, in December 2004. Just 65 days later, we brought in partners (GEPT and 1PM} for over 76010 ownership of the property. Our ability to quickly execute this acquisition and add this "value- added" opportunity to our existing Haustan Center joint venture increased our yield on Fulbright Tower by 700 basis points. In managing this property, Crescent will generate an attractive return for its partners and a healthy promote far itself by driving occu- pancy and rental rates in Fulbright Tower through targeted building improvements and repositioning of space to existing and potential customers. In fact, we have already increased occupancy from 480lo at acquisition to 66010 at year-end. We also demonstrated the power of the promote structure in our joint ventures with the sale of 5 Houston Center in December where we realized $29.9 million in total gain, $13.6 million of which was from our promote. We completed the development of this property in September 2002 for $186 per square foot and set a record in Houston with the $286-per-square-foot sales price. A total gain of $68 million over just athree-year holding period makes for very satisfied partners. Our fellow shareholders should expect more creative structures with partners in the near future as we continue to pursue our joint- venture strategy. Timing and velocity of transactions will be based an how attractive the market is from a pricing perspective and our ability to timely and accretively redeploy the capital that is returned. We are also organizing avalue-added office fund that will acquire approximately $750 million in gross assets, with our investment to be up to 25010 of the aggregate capital commitment, not to exceed $50 minion. We hired Paul Smith earlier in the year to spearhead this effort and to lead the creation of a dedicated fund management business line. Pout was most recently at tnvesco and has the ideal background to quickly launch Grescent into this logical extension of our office strategy. to June 2005, we signed an agreement with our largest office customer, E! Paso Corporation ("El Paso"}, which terminates EI Paso's leases effective December 31, 2007. Et Pasa win pay a total of $127 million to us from July 2005 through December 2007 in the form of termination fees and continued rent. In the meantime, our agreement with EI Pasa allows us to collect rent an any new leases during the term of their lease. To put this transaction into perspective, recall that our original purchase for all of Greenway Plaza was $214 million and that the EI Paso lease represents only 210!0 of Greenway's 4.3 million square feet. We will not go over the statistics of our office business in Phis letter as they are disclosed in our supplemental report. What you will see from this data is growing occupancy and stabilizing rents, Further, we are optimistic that rates and occupancy will continue to trend upwardrn the tang term as employment growth accelerates and exceeds national averages in our major markets. In addition, we believe rising construction costs bade well for our current portfolio. For the year, total construction costs are up 20010 to 30010. While rebuilding due to hurricanes is a significant factor, we believe that global issues, such as Ghina's rising demand for raw materials, portend that the recent increases are not temporary. This can be difficult news for developers who don't have their construction casts locked in, but it is good news far owners of existing properties. Higher costs mean that new developments must charge significantly higher rents than before, which, in turn, makes existing office space simply more valuable. We are mindful that rising costs are also impacting our customers. Again, we believe this trend wit! cantinas beyond the near term and, accordingly, we have been taking steps to Gaunter its impact. For example, we are negotiating contracts for energy purchase using the leverage of our sizable office portfolio. Specifically, within our Texas portfolio, we entered into atwo-year contract in January 2005 that will save our customers an estimated $26.5 million in energy costs in 2006. Qur ~.ifestyte Invesfinents In 2005, we continued to see the buying power of the baby boomer. Today, 270/a of Americans, ar approximately 79 minion people, make up the largest and most affluent segment of our population. These individuals are very productive workers, are in their peak earning years and are set to earn billions, even trillions, of dollars over the next 15 to 20 years. Affluent baby boomers are not only sophisticated E.. n emu.- buyers but they seek a healthier lifestyle and are more active and mare adventurous than previous generations. They are now at the point in their lives when they can focus on their families and on their health and longevity. Second homes provide a family gathering spot, and experiences such as Canyon Ranch are sought after for health, wellness and recreation. They are. seeking both a refuge from and a reward for their hard work; many are able to telecom- mutefrom their secondary homes. These individuals also view their second homes as a unique component of their investment portfolio, which they can enjoy while it appreciates in value. Resort Residents! Developments Our resort residential developments target this customer. With our partners, we develop in irreplaceable locations of beauty and recreation, which command premium pricing due to their scarcity. Lake Tahoe, the Vail Valley and Desert Mountain are all examples of unique locations where the affluent baby boomer wants to spend a substantial amount of time. These individuals are demanding customers who expect quoit#y and are willing to pay for it. We are extremely fortunate to be in partnership with terrific management teams to execute this strategy for us. Harry Frampton, who we featured on our first quarter 2005 earnings conference call and at our investor tour of our Lake Tahoe developments in September, runs afirst-class organization that develops the best second-home resort properties in North America. Harry and his team know haw to develop and market quality -both on time and on budget. Harry is awell-respected industry veteran, having recently served as Chairman of the Urban Land Institute for two years. Desert Mountain was developed by Lyle Anderson and is run by Jahn Underwood and Bob Jones, all of whom are top talents at designing, constructing, marketing and managing the best of golf course communities. Since our inception as a public company, we have said over $3 billion in residential properties and generated funds from operations of over $500 million. We have invested in more than 30 projects, all of which have been profitable. Our internal rates of return have typically averaged in excess of 250/0 on a pretax basis. Developing those properties that we currently have under control is expected to generate future sales of mare than $5 billion. This is a great business for us that we believe will continue to prosper for the foreseeable future. We continue to find opportunities with Narry Frampton in the Vail Valley, such as our recently announced development of the Confluence site in Avon; our new Beaver Creek Landing project, which will have direct ski access to Beaver Creek; and our Village Walk project, located on the mountain and perhaps the single best location within the Beaver Creek ski area. Additionally, we are redeveloping certain rooms of the Park Hyatt Beaver Creek into a very exclusive fractional product, which is doing extremely well in regards to reservations taken. In conjunction with this fractional redevelopment, we are making significant improvements throughout the hotel, including a 12,000-square-foot addition to the Allegria Spa. These projects total over $500 million in sales and will be developed over the next four years. Our most significant development is at the Northstar at Tahoe ski area, north of Lake Tahoe. This development encompasses f,800 ski-infski-out units within the Northstar ski area, which is also undergoing significant expansion and improvements simultaneously with our developments. In 2005, we closed 71 of the 100 units in the first phase at the Village at Northstar, with the additional 29 units scheduled to close in early 2006, and, at the time this letter was written, we had 60 units in subsequent phases under contract pending completion of construction. The pre-sales from these tatter phases represent $73 million in revenues. Additionally, within 10 miles of the ski area, we awn 1,600 acres, divided into two communities. The first is Old Greenwood, where we have completed the development of a Jack Nicklaus Signature gaff course and sold all 100 surrounding homesites for approximately $34.5 million in revenues. We are also enjoying great success with an upscale fractional cabin product we introduced in 2004; to date, 27.4 fractional cabins have been sold and 4.2 are under contract. The second community is Gray's Crossing, where a Peter Jacobson golf course is under development, and where we have already sold 242 lots for approximately $75 million. In addition to these courses, we have acquired another golf course under a long- term lease and have acquired a restaurant and club on the shores of Lake Tahoe. We have also built a swim and tennis center and committed to build an-mountain dining and club facilities. All of these amenities are offered far the enjoyment of the real estate buyer at our Northstar properties through a membership in the Tahoe Mountain Club. !n total, the Tahoe projects will exceed $4 billion in sales over an expected 14-year period. Out of this potential, we have already sold or contracted to sell approximately $400 million, approximately $250 million of which was closed as of year-end 2005. The incredible beauty of the Tahoe area, combined with the demographics of over 15 million people within athree- to four-hour drive, the significant impediments on new development, and the very limited amount of competing product, leads us to expect significant upside from this investment, Before moving on, we want to distinguish Crescent's resort residential development business from the "housing business" and the "condo craze." We are mindful that in some markets, the housing business has overheated and is coaling off. In many markets there is, or will be, an overabundance of units and speculative building by inexperienced developers who hope to provide primary housing to a firsf-time urban buyer, a buyer who is strongly influenced by interest rates. Our customer, on the contrary, is buying a recre- ational home to enjoy as a second or even third home and typically does not borrow to pay for it. While some of our developments are condominiums, they are in very unique resort locations with limited competing supply and significant barriers to entry, as well as average pricing per square foot of $700 to $1,000 or more. We generally pre-sell 40% or more of any given project before beginning construction. In addition, the buyer is required to make a significant deposit, which helps to further mitigate our risk. We are confident that our communities in these unique development locations are far better positioned and much more resilient than the product types receiving this unfavorable scrutiny. Canyon Ranch In January 2005, we completed the restructure of the Canyon Ranch business. While we were pleased with fhe immediate benefits the transaction provided us -our original investment of $120 million was valued at $209 million and we received a distrbution of approxi- mately $90 million in cash, as well as retained a 48ofo interest in the new company -the real excitement lies in the opportunities ahead. Our involvement with the Canyon Ranch team this past year has reinforced our view of the potential of this unique brand. The same demographic and lifestyle trends that we see in the resort residen- tial business atso drive the growth of Canyon Ranch and its focus on wellness, health and longevity. The inspiration and vision of the Ganyon Ranch founders and our partners, Mel and Enid Zuckerman and Jerry Cohen, has created an industry-leading brand in this rapidly growing sector. While we expect significant growth from the brand, the Canyon Ranch team is proceeding in a very strategic and thoughtful manner in order that the uniqueness of the program on which this brand is built is enhanced, not diluted. The first Canyon Ranch Living development is under way in Miami, and its first phase is on track far a 2007 completion. This community offers residents and hots{ guests the Canyon Ranch experience and lifestyle 24 hours a day. While making no investment, Canyon Ranch expects to receive $30 million in revenue from the sale of residences and a continuing fee stream from its long-term management contract of $2 million to $3 million per year. The Ganyon Ranch team is actively involved in various stages of negotiation on several additional Ganyon Ranch Living projects. In addition, the Canyon Ranch team is working on other creative ways to expand the brand consistent with their commitment to be the leader in the emerging wellness lifestyle industry. This is a very unique growth business to have within a traditional REIT. other investments ResortslHote(s Our three luxury resort properties and three upscale business- class hotels recorded 2005 occupancy gains of four percentage points, as well as a 16% increase in Revenue Per Available Room ("REVPAR"). In particular, we are pleased with the significant gain in occupancy of 12 percentage points and the 39ofo gain in REVPAR following the 2004 renovation of Sonoma Mission Inn. AmerrCold With the help of our new partner, The Yucaipa Gompanies, we saw Earnings Before Interest, Taxes, Depreciation and Amortization (EBITDA) grow 13% to $148 million for 2005. Yucaipa brings more than capital to the business, providing it with valuable and extensive industry knowledge, as well as management capabilities. The organization has been reenergized, occupancy of the facilities is growing, and the company is beginning to see some pricing power. We expect continued growth in EBITDA. 0 1 Mezzanine Investments Our mezzanine investment program produced excellent results for its first fuU year. We invested approximately $151 million in mezzanine loans for Crescent, and we acquired approximately $34 million in mezzanine loans held in a joint venture. Combined, these investments achieved an unleveraged yield in excess of 110/0. Over 75010 of the combined portfolio floats over LIBOR, which protects our return as interest rates rise. We have an excellent team sourcing and negotiating these investments, and we are using our acquisitions team to underwrite the collateral to protect our downside - no different from how they underwrite an acquisition. We are encour- aged that the number of opportunities we are seeing will allow us to continue to be very selective in making new investments. We are committed to giving back to the communities where we operate. The majority of our efforts continue to be focused on the education and mentoring of elementary school children through our FACES of Change program. Through FACES of Change, Crescent customers, employees and business partners form three-year partnerships with select local elementary schools in need. Since 1997, this innovative program has generated more than $1.5 million in funding, services and supplies for more than 67 schools across the country and has resulted in the donation of almost 45,000 hours of volunteer time. In 2005 alone, 84 Crescent properties were teamed with 28 elementary schools in each of the communities where Crescent operates. Another community initiative mentioned in last year's letter was our program of donations to libraries in each of our major markets in celebration of our tenth year as a public company. These gifts were completed in 2005 and totaled mare than $i 00,000. In Fort Worth, our corporate home, we are in the midst of refurbishing a branch a# the public library. Our approach to this program leveraged our relationships with our contractors, vendors and customers to provide aver $80,000 of renovations at a fraction of the cost In addition, our initiative in Fort Worth, in turn, sparked city leaders to arrange for the refurbishment of an existing mural on the library's exterior by the original artist The renovation wilt be dedicated in April 2006. '~ Serving on the board of a public company is not a highly sought- after position in today's environment. In spite of this obstacle, we are very fortunate to have the counsel of six outside individuals who have all started and built major businesses. They critically review our strategy and results and provide excellent counsel. Their expertise and guidance is a true asset of the company, and we appreciate the significant sacrifice of time and energy that they each give to Crescent. In addition to our Board, we would like to thank our partners, who we work with on a daily basis and who are responsible for executing approximately 40010 of our business. Their expertise in their respective fields brings significant value to Crescent. Finally, we would Pike to thank the Crescent employee team, who enthusiastically executes our strategy and serves our customers every day. We are very confident about our ability to deliver significant earnings growth over the next several years and beyond. We have the portfolio, the partners and the management team to execute our much simplified strategy. As significant shareholders ourselves, we, along with the rest of the management team, are committed to the thoughtful execution of our strategy, as well as periodic reevaluation in light of changes in market farces. We cove what we do and enjoy discussing our strategy and business with existing or potential shareholders. We value your feedback and appreciate your support. ~\ ~. f '' f -,_.. ,_ -,,\ r i ~~ john G. Goff Dennis H. Alberts Vice Chairman and Chief Executive Officer President and Ghief Operafing Officer March 28, 20a6 March 26, 20x6 June 23, 2006 Town of Vail Attention: Russ Forest Re: Lionshead Conference Center Ladies and Gentlemen: KSL Capital Partners is a private equity firm specializing in travel and leisure enterprises with in excess of $1 billion in conunitted capital. As of today, in excess of $950 million of our capital remains available. In addition, we have an affiliated management company. KSI. Resorts, that employs in excess of 2,000 people, that currently manages or previously managed and sold, a number of the premier resort destinations in the United States. The principals have along-standing relationship with East West Partners and the Vail Valley. In addition, we have substantial development expertise. Michael Shannon, one of our managing directors, is the former Chief Executive Officer of Vail Resorts, and Eric Resnick, also a managing director, is the former Vice President, Strategic Planning and investor Relations of Vail Resorts. Eric Affeldt, a principal with the firm, is a former member of the Vail Town Council. Notable investments made by our principals include: • La Quinta Resort & Club and PGA West in La Quinta, California • Uoral Goif Resort & Spa near Miami, Florida • Grand Wailea Resort 1-Iotel & Spa on Maui in Wailea, Hawaii • Arizona Biltmore Resort & Spa in Phoenix, Arizona • La Costa Resort and Spa in Carlsbad, California • I-lotel del Coronado near Sail Diego, California We are scheduled to close on the acquisition of Rancho Las Palmas Resort & Spa in Rancho I Mirage, California inmid-July 200b. Subject to completion of our diligence and internal approvals, this letter shall serve to confirm I that KSL is prepared to partner with East West Partners on an equity basis on the Lionshead Conference Center project. I Sinccrel Steven .Siegel Chief Operating Officer on ~~ ~~ ~~ ~ Lionshead Parking Structure ~ Concept Overview East West Partners June 27, 2006 ~s ~~~ a •,-_ East West Partners Concept Plans If selected in September our schedule would be as follows: April 2008 Commence construction December 2008 Deliver 1150 public parking spaces for ski season January 2009 Commence construction of Hotel and Residential Designing a redevelopment plan of this magnitude that is acceptable to all the stakeholders will take considerable more input and review by the Town, Vail Resorts and the public. Both the project and the site have significant strategic importance for the Town and have many complexities that must be carefully considered in the further development of the design. After a significant amount of analysis, however, we do believe the plans that we are presenting are financially feasible. In addition to the Towns stated objectives listed below, we have taken into consideration in our plans the objective that the new public parking should be completed in one spring/summer construction season and placed in service for use in the following ski season. We also believe that in the next level of design it will be important to consider the best alternatives for garage ingress and egress to alleviate peak period traffic congestion. Many more planning issues will undoubtedly arise during the Towns consideration of the various plans. We look forward to creatively and collaboratively working with the Town and other stakeholders in solving the planning issues and creating a plan that will work well for all parties. tS ~~6___ t l.__' East West Partners Concept Plans Town of Vail Objectives: A Comply with the Lionshead Redevelopment Master Plan and Mixed Use 1 zoning B The development shall help pay for the public improvements. A strong preference is given for uses that generate "hot beds." C Provide conference space (25,000 sq ft ballroom desired) D Create a new public parking structure with a minimum of 1150 spaces E Public parking in excess of the 1150 spaces (400 incremental spaces) F Create a new Lionshead Information Center with public restrooms G Redevelop Lionshead Annex with consideration given to relocating the Youth Recreation Center and the Colorado Mental Health offices H Improve pedestrian, transit and vehicular circulation between the parking structure and the Lionshead Retail Mall I Provide loading and delivery for uses created on site (which can also be used by adjacent Lionshead retail uses) J Improve Hotel bus circulation... create a Lionshead transit facility to accommodate 5 buses... K Creation of a retail connection along the south side of the project site that is consistent with the Lionshead Redevelopment Master Plan. L Frontage Road Improvements consistent with the Lionshead Redevelopment Master Plan 'and acceptable to the Colorado Department of Transportation. M Other public amenities that would augment the vitality and economic impact of the development. N Use of the U.S. Green Building Council's LEED Green Building Rating System, or a comparable alternative, to guide project design. ti ~~~___ t ~. -_ ' East West Partners Concept Plans Plans A,B and C all contain the identical residential and commercial program as follows. The only difference in the three plans is the number of parking spaces and the number of levels of parking provided. • 148 room hotel • 50 fractional fee units • 132 condominium units • 13 one bedroom employee housing units • Retail - 14,400 square feet • Restaurant - 6,000 square feet • Meeting Space - 25,000 square feet • Spa/Fitness - 20,000 square feet • Office - 7,000 square feet • Information Center - 1,600 square feet Each of the plans address loading and delivery for the uses created on the site. Regarding ' objective G above, it is our understanding that it is no longer a Town objective to create loading and delivery as part of this project for use by the adjacent Lionshead retail establishments. Plan A is the most straight forward plan to meet the objectives. We are however, willing to explore option B or C or other alternatives if the Town desires. Plan A meets all of the Town's objectives except providing incremental parking (Referred to in D. above). Providing incremental parking at this site may not be in the best interest of the Town given the findings of the recent traffic study. This plan also assumes that parking required for the conference space is accommodated within the 1150 public parking spaces, this assumption may be refined in the more detailed design phase. Of the three plans, Plan A minimizes the Towns financial involvement in the public improvements (see the Program Summary Table behind Concept Tab A). Plan B meets all of the Town objectives and provides 400 incremental parking spaces. Plan B assume adding another level of parking below the grade of Lionshead Circle. Further study will be needed to determine the feasibility of completing the public parking spaces in one construction season and also to determine the impact of excavating below the water table (see the Program Summary Table behind Concept Tab B). Plan C meets all of the Town objectives while providing 1,414 public parking spaces (264 ' in excess of the existing 1,150). The additional 264 parking spaces are provided on a partial fourth level above the grade of Lionshead Circle. This plan would likely require a change to the height limits in Mixed Use 1/ Lionshead Redevelopment Master Plan and is presented for ' illustration purposes only (see the Program Summary Table behind Concept Tab C). Acceptance letter from Vail Resorts provided under separate cover.