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HomeMy WebLinkAbout2007-11-06 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:30 P.M., TUESDAY, NOVEMBER 6, 2007 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. George Ruther ITEM/TOPIC: Site Visit: (1) Alpine Drive Construction (2) Children's Garden of Learning. (1 hr.) 2. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (15 min.) 3• ITEM/TOPIC: Memorandum of Understanding (MOU) between the Town of Vail and the Vail Recreation District. (5 min.) ACTION REQUESTED OF COUNCIL: Discuss and/or ask questions of staff concerning the proposed MOU which will be presented for your approval tonight. BACKGROUND RATIONALE: The Recreation Task Force, consisting of: VRD board members Michelle Hall and Joe Hanlon; Town Councilmen Mark Gordon and Greg Moffett and members of staff from both organizations have been working over the last two years to cooperatively address issues related to town-owned, VRD-managed facilities. The Memorandum of Understanding presented tonight memorializes the agreements and intentions of the parties. It provides a basis for future deliberations and negotiation of leases. The MOU has been executed by the VRD. STAFF RECOMMENDATION: Approve the Memorandum of Understanding at this evening's meeting. 4. Warren Campbell ITEMlTOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board approval of an administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1, and setting forth details in regard thereto. (DR607-0501) (10 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Town of Vail Design Review Board approval of an administrative approval, of the change to approved plans application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On October 3, 2007, the Design Review Board upheld an administrative approval of a change to approved plans application to change the configuration of retaining walls associated with driveway access, for the new residences being constructed at 1772, 1778, and 1788 Alpine Drive The Vail Town Council "called-up" the Town of Vail Design Review Board approval of a administrative approval due to concerns about the compliance of the retaining walls with applicable Town of Vail Zoning Code provisions. Please refer to the staff memorandum dat~sd November 6, 2007, for additional information. 5. Pam Brandmeyer ITEM/TOPIC: Teva Mountain Games Funding Request. (10 min.} BACKGROUND RATIONALE: In August of this year, Untraditional Marketing (UM) was informed by USA Climbing that the Climbing Wall World Cup had been awarded to Vail. Originally, UM w<~s going to ask the Commission on Special Events (CSE) for '08 cash funding of $110,000 ($90,000 was awarded in 2007). Due to this additional award of the World Cup, UM is now requesting another $50,000, bringing the overall cash funding between the CSE and Council Contributions to $160,000, with in-kind of $4,500. The event has now been seen and endorsed by the CSE, with a recommendation Council provide the additional $50,000 in funding for the '08 Climbing Wall World Cup. At this time, the CSE average of contribution toward the TEVA Mountain Games is $95,000, which final action will be taken at their next regular meeting, Tuesday, November 27. When this was presented to Council back in September, Council asked to have a.thorough review of the merit of the Climbing Wall World Cup, and if needed, return to Council for '08 funding of this specific event. The CSE listened to the full funding request of $160,000 on October 23, but with over $1.3M in special events requests, felt they did not have the funds available to support this additional event. STAFF RECOMME=NDATION: Staff recommends funding up to $50,000 from Council Contributions specific to the '08 USA Climbing Wall World Cup. Staff will continue to work with both the CSE and the Vaiil Recreation District (VRD) to establish a permanent climbingi wall location, a requirement of a mulitple year award of this event. 6. ITEM/TOPIC: Infornnation Update. (10 min.) • Vail Valley Athlete Commission The Vail Valley Athlete Commission currently has three funding partners at $10,000 each: the Vail Valley Foundation, the Beaver Creek Resort Company and the Town of Vail. Discussions are on-going wNail Resorts, Inc. Recipients of funding for the '07-'08 winter season are as follows: Dylan Bidez Snowboarding $3,000 Tyson Bolduc Big Mountain Extreme Skiing $2,000 Ellen Feldman Snowboarding $3,000 Kevin Hochtl Cross Country Skiing $4,000 Zach Layman Snowboarding $2,500 Hunter Schleper Alpine Ski Racing $3,500 7• ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 8• ITEM/TOPIC: Executive Session, pursuant to 1) C.R.S. §24-6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: leasing Town owned property. 2.) C.R.S. § 24-6-402(4)(f) - To discuss personnel matters, Re: Annual reviews of the Town Manager, Town Attorney and Municipal Judge. (105 min.) 9• ITEMlTOPIC: Adjournment. (4:15 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, NOVEMBER 20, 2007 IN THE VAIL TOWN COUNCIL CHAMBERS. PLANNING AND ENVIRONMENTAL COMMISSION October 22, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 12:00 Training Session with Public Works (lunch will be provided) Tom Kassmel /Greg Hall MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland Anne Gunion Rollie Kjesbo Michael Kurz Bill Pierce Scott Proper David Viele Site Visits: None Please note: Times of items are approximate and subject to change. 30 minutes 1. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 5-0-1 (Cleveland opposed) 1) That this request to amend the zone district boundaries of the Town of Vail Official Zoning Map to rezone Lots 1 and 2 of the proposed Ever Vail subdivision as Lionshead Mixed Use-2 District will become effective upon review, approval, and recording of the Ever Vail Final Plat by the Planning and Environmental Commission. Warren Campbell made a presentation to the Commission per the staff memorandum. Dominic Mauriello, Mauriello Planning Group LLC, representing Vail Resorts Development Company, made a presentation to the Commission. He stated that this request is the logical step after the Town Council adopted amendments that incorporated the Ever Vail area into the boundaries of the Lionshead Redevelopment Master Plan. He added that this was not the last step in the review of the development of Ever Vail. There was no public comment. Commissioner Viele disclosed that he is an adjacent land owner. He did not. believe this would affect his ability to act impartially. Commissioner Proper asked if the CDOT right-of-way. transfer did not occur, would the land would revert to the way it is today. Page 1 Warren Campbell answered that if the CDOT right-of-way exchange did not occur, the final plat for the area could not be recorded, therefore the new parcels would not be created and the requested Lionshead Mixed Use-2 zoning would not apply. Commissioner Cleveland was very concerned about making a recommendation on a proposed rezoning prior to the review of conceptual plans for the development and discussion of the impacts. He stated that while there have been talks about certain issues including transportation, retail, etc., but they have not had any conversations regarding housing, or other issues. He stated that he would suggest a Developer Improvement Agreement so this development would be required to go before the Vail Town Council. This way, the Vail Town Council could be party to conversations regarding parking, transportation in general, and housing. He gave the Front Door development review process as an exarnple. Commissioner Proper asked whether those i~;sues would be addressed at the PEC level. Warren Campbell stated -that all the impacts identified by Commissioner Cleveland would be reviewed under the Commission's review of any development plan. Commissioner Viele had major concerns with incorporating an additional level of development review. He stated he has concern with the Town Council having another level of review because this should be an evaluation of the project and not a politicization of the process and of this project's review. Dominic Mauriello said that the current process is in line vvith the town's process for future planning. Jim Lamont clarified that mitigation of loading/delivery and other impacts of a development is required by zoning or by the Town Council. - 30 minutes 2. A request for final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), and a request for final review of conditional use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building); Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0027, PEC07-0028) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell EXTERIOR ALTERATION ACTION: Approved with condition(s) MOTION: Viele SECOND: Kurz VOTE: 4-2-0 (opposed Pierce and Kjesbo) For Design Review 1) That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. Page 2 2) That the Developer work with Staff and Design Review Board to satisfactorily address the items identified in Jeff Winston's letter dated October 6, 2007. Prior to Submitting for Building Permits 3) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans, including the required off-site improvements, to the Town of Vail Community Development Department for review and approval, prior to making application for the issuance of a building permit for the Fogata improvements. 4) That the Developer shall address all comments and conditions identified in the memorandum from the Town Engineer dated October 1, 2007, (Attachment F) on the plans submitted in conjunction with building permits. Prior to Issuance of Building Permits 5) That the Developer pays in full; the employee housing mitigation fee of $2,783,240.60 prior to the issuance of the building permit for Fogata. Prior to Requesting a Temporary Certificate of Occupancy 6) That the Developer prepares a Fogata Art in. Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a temporary certificate of occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will determine the type and location of the art to be provided. Said Plan. shall include the funding for a minimum of $70,000.00 in public art improvements to be developed in conjunction with the Fogata project. 7) That the Developer provides the legally executed and duly recorded Type IV deed restriction with the Eagle County Clerk 8~ Recorder's Office, for the on-site employee housing unit, and that said unit shall be made available for occupancy prior to the issuance of a temporary certificate of occupancy for the Fogata project. 8) That the Developer shall be assessed a transportation impact fee in the amount of $6,500 per increased vehicle trip in the peak hour generated (42 trips), or $273,000, created by the Fogata project. The total fee of $273,000 shall be paid in full by the Developer prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for the Fogata project. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. CONDITIONAL USE PERMIT. ACTION: Approved MOTION: Viele SECOND: Kurz VOTE: 4-2-0 (opposed Pierce and Kjesbo) Warren Campbell made a presentation to the Commission per the staff memorandum. Commissioner Proper asked Mr. Campbell to clarify whether one housing mitigation option is preferred over another. Page 3 Warren Campbell verified that no method was weighted over another within Ordinances No. 7 and 8, Series of 2007. Dominic Mauriello, Mauriello Planning Group LLC, representing the applicant, noted that he believed the housing mitigation plan is intended to allow the applicant the discretion to decide which mitigation method to pursue. Edwardo Illanes, OZ Architecture, representing the applicant, presented an overview of the architectural changes that were made since the Commission's last hearing. Jim Lamont, Vail Village Homeowner's Association, disagreed with Dominic that the public and any other interested party can provide input 1:o the Commission about the mitigation methods for employee housing. He contended that the Commission has final approval over the mitigation method. He is also concerned that the Housing Department has not. yet created a master plan of where employee housing units should be located and that housing policies have not been finalized. Eustaquio Cortina noted that their project has already been delayed by a moratorium to address accommodation units, and asked that the Commission make a decision on this project and not delay it for more housing policies. He believes the project complies with today's requirements and the character of the neighborhood. Commissioner Proper thanked staff for the 1thorough outline and believes the project complies with the code. Commissioner Kurz thanked the applicant for' the numerous revisions that were made and stated he believes the project is ready to-move forward. Commissioner Pierce asked the applicants too clarify the circulation patterns and parking for the project. The applicants clarified the issue. i:,ommissioner Pierce also asked Staff to clarify the employee housing requirements, and Warren Campbell explained. He noted his concern that freestanding sheds and butterfly roofs are :>pecifically not permitted by the Lionshead Master Plan architectural guidelines, but he believes the remainder of the project has been well done. Commissioner Kjesbo agreed that good changes have been made in terms of architecture. He noted his concern that there isn't enough land to accommodate employee housing in Vail and he will not support this project without more on-site employee housing. Dominic Mauriello asked if deed restricted other units in Town would affect his opinion. Commissioner Kjesbo noted that he will require more on-site housing of this project and others, as deed restricting units within Town does not increase the number of units available within the boundaries. Commissioner Viele stated his concern that an employee housing policy has not yet been drafted by Staff and the Housing Authority. Ike noted the weight $2 million of up-front mitigation fees puts on a development.. He believes the project complies with all other standards. He doesn't believe the applicant should be delayed any longer by the Town's inability to provide direction on what methods should be pursued with affordable housing mitigation. Dick Cleveland noted his concern about the "live bed" definitions and policies. He asked about the correlation between the number of actual beds in the old project and the likelihood of the new Page 4 project's dwelling units participating in a rental pool. He believes the applicant has made many efforts to make it more likely that the units will be rented. Rocky Cortina clarified how the project was designed to comply with the intent of the master plan for "live-beds". Commissioner Pierce reiterated that both.he and Commissioner Kjesbo have voted in opposition of the project because there is no clear, adopted employee mitigation plan provided to aid the Commission in determining what method of mitigation should be pursued. 10 minutes 3. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of a dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07-0061) Applicant: Lionshead Inn, LLC, represented by Mauriello Planning Group, LLC Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 1) Approval of this major exterior alteration for the construction of a new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall become valid upon the Planning and Environmental Commission granting final approval of the Applicant's proposal to redevelop the Lionshead Inn building (i.e. Fogata PEC07-0027 and PEC07-0028). 2) Approval of this major exterior alteration for the construction of a new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall be valid until June 30, 2008, or until the demolition of the Lionshead Inn building, whichever occurs first. 3) If the Lionshead Inn building has not been demolished or otherwise rendered un- occupied, the Applicant shall revert the new dwelling unit for the construction of a new dwelling unit back into three accommodations as originally configured prior to December 1, 2008. 4) The new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall not function as business office (i.e. real estate office). Bill Gibson made a presentation to the Commission per the staff memorandum. There was no public comment. The Commissioners supported the proposal. 10 minutes 4. A request for a final review of a variance, from Section 14-3-1, Minimum Standards, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for deviations from minimum deflection angle for driveway access, located at 2755 Snowberry Drive/Lot 10, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. (PEC07-0062) Applicant: Dave Hilb, represented by John G. Martin, Architect Planner: Bill Gibson ACTION: Approved with condition(s) Page 5 MOTION: Kjesbo SECOND: (Pierce VOTE: 6-0-0 1.) This approval is contingent upon the Applicant providing the Town of Vail an easement for those existing portions of Snowberry Drive located on Lot 10, Block 9, Vail Intermountain prior to submittal of any building permit applications for Lot 10. Bill Gibson made a presentation to the PEC per the staff memorandum. John Martin, applicant's representative, gave a brief presentation. There was no public comment. Tom Kassmel, Town Engineer, explained they Public Works Department's position that there is a hardship based upon the road location, and that the proposal does not pose a safety risk given the limited amount of traffic. Commissioner Viele asked if the applicant was agreeable to the recommended condition of approval. Dave Hilb, applicant's representative, confirmed that he accepts the condition of approval 10 minutes 5. A request for a final review of a conditional use permit, pursuant to Section 12-9C=3, Conditional Uses, Vail Town Code, to allow for modiifications to a public building (emergency power generator), located at 75 South Frontage .Road West (Town of Vail Administration Building)/Unplatted, and setting forth details iin regard thereto. (PEC07-0063) Applicant: Town of Vail Planner: Nicole Peterson ACTION: Approved MOTION: Kjesbo SECOND: \/iele VOTE: 6-0-0 Nicole Peterson made a presentation to the Commission per the staff memorandum. John Gallegos, Town of Vail Facilities Maintenance Manager, stated that the current location of the emergency power generator is not working and a new location is necessary. The proposed location represents the best option. Commissioner Proper asked what the underlying zoning is of the property. Warren Campbell answered that it is zoned General Use. Commissioner Pierce asked about technical requirements for the generator and the cooling space. John Gallegos said that the current location causes overheating of the generator as there is not enough fresh cool air intake. Commissioner Cleveland asked whether the parking space is used for parking. John Gallegos answered that jersey barriers are blocking the space as there are ice and snow shedding issues from the roof above. The new generator enclosure roof has been designed to alleviate this concern. Page 6 20 minutes 6. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Title 12, Vail Town Code, to require public art for certain development .and redevelopment projects in Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski Base Recreation, Ski Base Recreation 2 and Special Development Districts, and setting forth details in regard thereto. (PEC07- 0033) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of denial MOTION: Viele SECOND: Proper VOTE: 4-2-0 (Kjesbo and Pierce opposed) Rachel Friede made a presentation to the Commission per the staff memorandum Leslie Fordham, AIPP Coordinator, stated that the AIPP Board was concerned about whether a 50% increase in gross floor area was too high a threshold for requiring public art. Commissioner Pierce asked if there are other cities that require public art in private development. Leslie Fordham answered that San Francisco, San Diego, San Jose, Santa Monica, and Denver (in redevelopment districts) require public art. She stated that public art in some capacity has been required for certain development projects in the Town of Vail for quite some time. Commissioner Cleveland added that Chicago has a requirement for public art. Commissioner Viele asked if there is a set dollar amount attached to the requirements. Rachel Friede answered that the public art would be performance based, versus having a monetary value. This is due to a lack of a rational nexus between mitigation of development and public art. The new requirements would not require art as mitigation of development impacts, but would be part of zoning requirements. Commissioner Viele stated he is not in support of the text amendments. Commissioner Pierce suggested striking Section 12-25-2A. He asked for clarification regarding the definition of a professional artist. The Commissioners generally expressed concern about requiring a professional artist for the public art, noting that an architect could also be an artist. Rachel Friede responded that there is a provision for emerging artists. Commissioner Pierce stated that public art approval should be under the purview of the Design Review Board. Rachel Friede explained that the text amendments would allow the Commission to make a final decision on public art as part of the development plan, with a recommendation from the AIPP Board. Page 7 Commissioner Kurz stated that this a good start and that PEC should be the decision making body in public art. Commissioner Proper asked for clarification on whether public art is required today, and if this is considered a tax. Rachel Friede answered that this is not a tax as proposed, but would rather be a zoning requirement. George Ruther, Director of Community Development, commented that the reason 50% of gross floor area or more was used as the trigger for public art is because this is a commonly used threshold, including that for demo/rebuild. Commissioner Kurz asked when would this would be implemented. Rachel Friede stated typically the amendments would be implemented immediately upon adoption by Town Council. Commissioner Cleveland stated an example of requiring 1% funding toward public art, and that this is only applied to public buildings, not private. He said he does not agree with requiring public art on private property. Commissioner Proper stated he does not support requiring public art on private property. Community Development Director Ruther asked if PEC could comment on the process and implementation of the text amendments. Commissioner Kurz stated he thinks the implementation is good, but the percentage is arguable. Art improves a project, however requiring it is difficult for a developer and difficult for the Town to implement. Leslie Fordham stated that the Board wishes to remove the subjectivity out of the art through creating criteria for public art review. Commissioner Cleveland responded that the subjectivity is not taken out as written. Rachel Friede stated that one of the objectives of the amendments was to take the subjectivity out of the art and referenced page 5, criteria. She stated the criteria lends itself to encourage dialog void of subjectivity. Commissioner Proper believes the amendment should reflect the .Town's priorities, and he does not believe the priority is there to requirE~ it. Commissioner Viele suggested that if priority is there, the Town shall commission a study of best places and policy for art requirements. George Ruther referenced the flow chart (attachment B) in regards to process. He stated that Staff tried to simplify the applicability of the requirement by attaching it to already defined zoning districts. He explained that Staff has- heard from developers that the current art as mitigation is unexpected and late in the process, therefore this proposal tries to implement a clear requirement at the beginning of the development process instead of late in the entitlement process. Page 8 Commissioner Cleveland requested opinions regarding the 50% gross floor area addition as a threshold for public art requirements. Commissioner Proper felt the 50% is arbitrary. Commissioner Kjesbo said 50% makes sense because it exists in other processes. Commissioner Viele stated that Staff should not obligate the Town with a timeline, as it creates false expectations. Commissioner Cleveland commented that the AIPP Board's recommendation should not be reliant on the artist's qualifications. Commissioners Proper and Viele also did not agree with trying to define professional artist. 5 minutes 7. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson ACTION: Tabled to November 12, 2007 MOTION: Viele SECOND: Kjesbo VOTE: 6-0-0 8. Approval of October 8, 2007 minutes MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-1 (Viele abstained) 9. Information Update The group discussed the need for more information on the mitigation of employee housing if they are to be expected to review a proposal and vote upon an employee housing mitigation plan. Staff suggested that they would schedule a lunch time training session prior to the next Commission hearing regarding employee housing mitigation. 10. Adjournment MOTION: Pierce SECOND: Kurz VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon. request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 19, 2007, in the Vail Daily. Page 9 s PROJECT ORIENTATION MEMBERS PRESENT Mike Dantas Tom DuBois Pete Dunning Brian Gillette Margaret Rogers NO SITE VISITS DESIGN REVIEW BOARD AGENDA PUBLIC MEETING October 17, 2007 3:00 P.M. Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS ABSENT 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS Montauk DRB07-0561 / 5 minutes Final review of a sign 549 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1 Applicant: Tom Ludwig ACTION: Approved MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 2. Moe's Original Barbecue DRB07-0450 / 5 minutes Final review of a minor alteration (tables, fences and trellis) 616 West Lionshead Circle/Vail Lionshead Filing 4 Applicant: Moe's Original Barbecue ACTION: Approved MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 3:OOpm Bill Bill 3. Landmark Condominium DRB07-0489 / 5 minutes Bill Final review of changes to approved plans (facades, railings) 610 West Lionshead Circle/Lot 1 Block 1, Vail Lionshead Filing 1 Applicant: Landmark Commercial Development Co., represented by Fritzlen Pierce Architects ACTION: Approved MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 4. Lutsey Residence DRB07-0519 / 15 minutes Bill Final review of new construction (new primary unit) 185 Forest Road/Lot 25, Block 7, Vail Village Filing 1 Applicant: Tom Lutsey represented by Segerberg Mayhew & Associates, Architects ACTION: Tabled to November 7, 2007 MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 Page 1 5. Littman/Stephenson Residence DRB07-0487 / 20 minutes Rachel/Bill Final review of a change to approved plans (facade material changes) 1448 Vail Valley Drive/Lot 18, Block 3, Vail Valley Filing 1 Applicant: Andrew Littman and Robert Stephenson, represented by Snowdon Hopkins Architects, PC ACTION: Tabled to November 7, 2007 MOTION: Dantas SECOND: Dunning VOTE: 5-0-0 6. Reiss Residence DRB07-0486 / 15 minutes Nicole Final review of a minor exterior alteration (dormers and garage) 1784 Matterhorn Circle/Lot 3, Vail Village West Filing 2 Applicant: Helmut Reiss, represented by Stephen Isom ACTION: Approved with condition(s) MOTION: Dantas SECOND: (3illette VOTE: 5-0-0 CONDITION(S): 1) The applicant shall enlarge the exterior of the proposed dormers to add architectural interest and balance (south elevation) iprior to building permit application. 2) The applicant shall redesign the windc-w in the proposed master bath to be consistent with the architecture of existing windows (north elevation) prior to building permit application. Staff Approvals Heather of Vail DRB07-0383 Scot Final review of a sign 5197 Black Gore Drive/Block 13, Heather at Vail Condominiums Applicant: Heather of Vail Homeowners Association, represented by Jesse Ankerholz Leprino Residence DRB07-0449 Final review of a residential addition (bedroom) 2820 Aspen Court/Lot 14, Block 4, Vail Village Filing 11 Applicant: Nancy Leprino Goldstein Residence DRB07-0466 Final review of a minor alteration (landscaping) 2683 Cortina Lane/Lot 7, Block A, Vail Ridge Applicant: David and Mary Goldstein Giordano Residence DRB07-0491 Final review of a new construction sign 1107 Vail Valley Drive/Lot 7, Block 6, Vail Village Filing 7 Applicant: Donna Giordano, represented by Nedbo Construction Nicole Bill Bill Frank Residence DRB070-0496 Nicole Final review of a minor exterior alteration (deck) 2602 Cortina Lane/Lot 2, Block B, Vail Ridge Applicant: Terry and Sally Frank, represented by CFP Carpentry Services White Residence DRB07-0510 Scot Final review of a minor alteration (driveway) 1883 Lions Ridge Loop/Lot'4, Block 3, Lions Ridge Filing 3 Applicant: Ken and Kathi White, represented by Rocky Mountain Stonescapes Page 2 Recht /Selsberg Residence DRB07-0511 Warren Final review of a residential addition (deck enclosure) 4770 Big#~orn Road/Racquet Club Townhomes Applicant: Dan Recht and Elain Selsberg, represented by Border Construction, Inc. Raether Residence DRB07-0512 Final review of change to approved plans (windows, fireplace) 227 Rockledge Road/Lot 13, Block 7, Vail Village Filing 1 Applicant: Paul Raether, represented by Beth Levine Bill Ortiz Residence DRB07-0518 Warren Final review of a residential addition (bedroom) 1234 Westhaven Drive, Unit B21/Cascade Village Subdivision Applicant: Guillermo Ortiz, represented by Architectural Services, PC Berkowitz Residence DR607-0520 Bill Final review of change to approved plans (windows, roofing material) 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1 Applicant: Howard and Judy Berkowitz, represented by Snowdon and Hopkins Architects PC Vail Cascade Resort & Spa DRB07-0528 Bill Final review of a minor alteration (curb and ramp) 1300 Westhaven Drive/Cascade Village Subdivision Applicant: Vail Cascade Resort & Spa, represented by G.H. Daniels & Associates Miller/McKinnon Residence DRB07-0529 Nicole Final review of a minor alteration (landscaping) 695 Forest Road/Lot 5, Block 2, Vail Village Filing 6 Applicant: Norm Miller and Sandy McKinnon, represented by Shad Blakey Sirota Residence DRB07-0530 Final review of a minor alteration (landscaping) 1593 Matterhorn Circle/Lot 28, Matterhorn Village Applicant: Sandye Sirota Vail Estates / Solaris LLC DRB07-0531 Final review of a sign 292 East Meadow Drive/Tract B,C, Block 5, Vail Village Filing 1 Applicant: Joseph Shannon, LLC, represented by Paul Smith DeRose Residence DRB07-0532 Final review of a minor alteration (deck) 4515 Bighorn Road/Lot G, Spruce Park Estates Applicant: Vincent and Susan DeRose Nicole Bill Nicole Monogram Real Estate DRB07-0534 Bill Final review of change to approved plans (retaining wall) 745 Forest Road/Lot 7, Block 2, Vail Village Filing 6 Applicant: Monogram Real Estate, LLC, represented by K.H. Webb Architects Page 3 SCV Partners, LLC DRB07-0535 ,Nicole Final review of a minor alteration (landscaping) 5136 Main Gore Drive/Lot 2, Block 2, Bighorn 5th Addition Applicant: SCV Partners, LLC, represented by Brush Creek Landscaping Morris Residence DRB07-0536 Final review of a minor alteration (driveway) 5117 Main Gore Drive/Lot 5, Block 1, Bighorn 5th Addition Applicant: Linda Morris, represented by JD Masonry Warren Maslak Residence DR607-0537 Bill Final review of change to approved plans (landsc;aping, floor plans) 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3 Applicant: Samuel and Luleta Maslak; represented by Gwathmey Pratt Schultz Lindall Architects PC Forest International DRB07-0538 Bill Final review of a minor alteration (paint color) 45 Forest Road/Lot 33, Block 7, Vail Village Filinc3 1 Applicant: Forest International, represented by Francisco Lopez-Guerra Barborek Residence DRB07-0539 Warren Final review of change to approved plans (retaining wall) 3265 Katsos Ranch Road/Lot 10, Block 1, Vail Viillage Filing 12 Applicant: Frank and Eve Barborek, represented) by James Mason Yarusso Residence DRB07-0542 Nicole Final review of a minor alteration (landscaping) 5139 Gore Circle/Lot 7, Block 2, Bighorn 5th Addition Applicant: Stephanie Yarusso Telepas Residence DRB07-0544 Joe Final review of a minor alteration (re-roof) 1905 Sunburst Drive/Lot 9, Vail Valley Filing 3 Applicant: George Telepas, represented by Plath Construction, Inc. Vail Residence DRB07-0545 Nicole Final review of a minor alteration (windows) 770 Potato Patch Road, Unit 11/Lot 7, Block 2, Vail Potato Patch Applicant: George and Beverly Vail, represented) by Beth Levine, Architect, Inc. Town of Vail DR607-0547 Final review of a minor alteration (landscaping) Across the street from 264 Beaver Dam Road/Uriplatted Applicant: Town of Vail Repetti Residence DRB07-0548 Final review of a minor alteration (landscaping) 1001 Vail Valley Drive/Lot 1, Block 4, Vail Village Filing 7 Applicant: Ann Repetti Nicole Nicole Page 4 Pitkin Creek Park DRB07-0549 Joe Final review of a minor alteration (re-roof) 4081 Bighorn Road, Buildings 1 and 3/Pitkin Creek Park Applicant: Pitkin Creek Park Homeowners Association, represented by B&M Roofing, Inc. Meadow Creek Condominiums DRB07-0550 Bill Final review of change to approved plans (delete decorative metal diagonal bracing) 2500, 2510, 2520, 2550, 2560, 2570, 2637, 2733, 2743-2745 Kinnikinnick Road/Meadow Creek Condominiums Applicant: Meadow Creek Homeowners Association, represented by TRD Architects City Market DRB07-0552 Final review of a minor alteration (parking lot) 2109 North Frontage Road West/Lot A, Vail das Schone Filing 3 Applicant: Dillon Real Estate Co., Inc. George Breakaway West DRB07-0553 Bill Final review of change to approved plans (decks) 993 Lions Ridge Loop/Lot B-3, Block B, Lions Ridge Filing 1 Applicant: Breakaway West Condominium Association, represented by TRD Architects Isom Residence DRB07-0554 Final review of a minor alteration (windows) 2199 Chamonix Lane/Lot 23, Vail Heights Subdivision Applicant: Preston Isom Nicole Marriott Colorado Ballroom DRB07-0557 Warren Final review of a minor alteration (sidewalk, handrails) 720 West Lionshead Circle/Lot 1, West Day Subdivision Applicant: Diamond Rock Hospitality, represented by Gwathmey Pratt Schultz Lindall Architects Ford Theater DRB07-0558 Bill Final review of a minor alteration (orchestra pit) 540 South Frontage Road/Ford Park Unplatted Applicant: Vail Valley Foundation, represented by Morter Architects Kearns Residence DRB07-0559 Nicole Final review of a minor alteration (landscape, pavers) 2642 Cortina Lane/Lot 6, Block B, Vail Ridge Subdivision Applicant: Desmond Kearns Neher Residence DR607-0562 Nicole Final review of a minor alteration (deck stairs, hot tub, stone path) 2400 Garmisch Drive/Lot 9, Hanson Chalet Applicant: Soham Investments, LLC, represented by Jorge Neher Vail Plaza Condominiums DRB07-0563 Joe Final review of a minor alteration (stucco repairs) 100 East Meadow Drive/Lot O, Block 5D Applicant: Staufer Commercial, represented by Synthetic Siding, Inc. Page 5 Kauffman Residence DRB07-0565 Joe Final review of a minor alteration (re-roof) 636 West Forest Road/Lot 6, Block 1, Vail Villages Filing 6 Applicant: Julia Kauffman, represented by Charlie Sherman Mason Residence DRB07-0566 Nicole Final review of a minor alteration (exterior rail) 2602 Cortina Lane/Lot 2, Block B, Vail Ridge Suk~division Applicant: James Mason Village Center DRB07-0567 Joe Final review of a minor alteration (roof repair) 122 East Meadow Drive/Lot K, Block 5E, Vail Village filing 1 Applicant: Village Center Commercial, represented by Fred Hibberd The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 6 MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: November 6, 2007 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board approval of an administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1, and setting forth details iri regard thereto. (DRB07-0501) Appellant: Vail Town Council Planner: Warren Campbell I. SUBJECT PROPERTY The subject properties are located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1 Subdivision. II. STANDING OF APPELLANT Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council has standing to "call-up" any action taken by the Planning and Environmental Commission. III. REQUIRED ACTION The Vail Town Council shall uphold, overturn, or modify the Town of Vail Design Review Board approval of a administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1, and setting forth details in regard thereto. Pursuant toSub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (i.e. Title 72, Zoning Regulations, Vail Town Code) have orhave notbeen met." IV. BACKGROUND Platted Lots 10, 11, and 12 were purchased by Dantas Builders in 2004. Beginning in November of 2004, at the request of the Design Review Board, Dantas Builders presented more than twenty proposals in order to locate a new single-family residence on each of the three separate lots. At a number of its public hearings, the Design Review Board conceptually reviewed each proposal. On March 16, 2005; during a final conceptual review of the proposals for general access and location of the residences,. the Design Review Board agreed that access from one common drive at-the north side of the development area was the best proposal for the site. ThE; Board's sentiment was largely based on their desire for the preservation of as much of the southern area of the site as possible. Furthermore a concern of the Design Review Board vvas the safety of having three (3) driveway curbcuts on the curve in Alpine Drive. On July 11, 2005, the Planning and Environmental Commission approved a request for approval of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the lot sizes and configurations and a request for a final review of a variance from Section 12-6D-5, Lot. Area and Site Dimensions and Section 12-6D-6, Setbacks, Vail Town Code, pursuant i:o Chapter 12-17, Variances, Vail Town Code, to allow building within the setback, located at 1772, 1778, 1788 Alpine Drive/Lots 10, 11, 12, Vail Village West Filing 1. Subsequent to .the Design Review E~oard and Planning and Environmental Commission approvals and the recording of the simended plat individual plans for the construction of three new single-family residences were submitted and approved. On October 3, 2007, the Design Review Board contained a Staff approval for a change to the configuration of the retaining wall:> associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive. Staff approval of this application was based upon a site visit between Tom Kassmel and Warren Campbell, and the submittal of an application and plan. On October 16, 2007, the Vail Town Council "called-up" the Town of Vail Design Review Board approval of an administrative approval due to concerns about the compliance of the retaining walls with applicable Town of Vail Zoning Code regulations. The concerns regarding the walls were the appearance as viewed from Alpine Road, the setback of the retaining wall off of the edge of asphalt, and the impact to the site caused by the driveway accessing the three new homes. In reviewing the concerns of the Council, Staff has provided for review, a copy of the site survey prior to the construction of the; driveway and homes (Attachment A). The survey of the site prior to construction depicts that along the Alpine Drive frontage of these lots was a steep road cut which was sparsely vegetated. Furthermore there was little area from the edge of asphalt in which to store snow. Staff has also included a copy of the plans approved by the Administrator to allow for a reconfiguration of the retaining walls associated with the driveway access (Attachment B). The plans as submitted and approved show compliance with the requirements of Section 14-6-7, Retaining Walls, Vail Town Code. The retaining walls were approved to be a minimum of four (4) feet off of the back of curb on Alpine Drive. The Town Engineer believed this to be an adequate space for snow storage and an improvement over what existed prior. In response to the "call-up" of this application Dantas Builders had an as-built survey of the retaining walls (Attachment C). Fronn the as-built survey completed on October 22, 2007, it can be seen that a large portion of tFie retaining walls comply with the six (6) feet maximum height, four (4) foot bench, and mininnum two (2) foot setback off of property lines. However, 2' there are some deviations to these requirements. For instance there is distance of approximately 30 feet where the lower retaining wall is located closer than two (2) to the property line shared with Lot 9. There are also areas where the bench between the retaining walls is less than four (4) feet, 3.6 feet in one instance. Boulder retaining walls are different than poured in place walls or keystone block walls. The difference being that the irregular shape of the boulders provides less ability to have a regular dimension to the face of the retaining wall. While there are benched areas in the currently constructed retaining walls that are less than four (4) feet there are others that exceed four (4) feet. In the past staff has viewed the benching of boulder walls as more of an average. For instance there should be as many or more areas in excess of four (4) feet than less than four (4) feet. Staff has looked to see if the intent of providing areas for planting vegetation to mitigate the impacts of a retaining wall. Upon receipt ofthe as-built survey Dantas Builders have acknowledge that there is a portion of retaining wall which does not comply with the minimum two (2) foot setback off of property lines. Dantas Builders will need to correct this ,concern in order to comply with the requirements of 14-6-7, Retaining Walls, Vail Town Code. V. APPLICABLE REGULATIONS OF THE TOWN CODE Chapter 12-3, Administration and Enforcement (in part) Section 12-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: (in part) The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. Title 14, Development Standards (in part) Section 14-6-7: Retaining Walls: A. General: All retaining walls are reviewed by the design review board or the administrator to determine compatibility to the existing topography and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6). Within a front setback, retaining walls shall not exceed an exposed face height of three feet (3), unless related to access to a structure constructed on excessive 3 slopes (in excess of 30 percent). Retaining walls associated with a street located within a public right of way or ,access to an underground covered parking structure are exempt from these height limits, but must be approved by the design review board. Retaining walls shall be located a minimum of two feet (2) from adjacent private property boundaries and should be ten feet (10) from the edge of a public street unless otherwise approved by the town engineer. All retaining walls over four feE~t (4') in height, measured from the bottom of a footing to the top of wall as per the adopted town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where retaining walls over three feet (3) in height, measured in the same manner, shall require a PE stamp. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineE~ring analyses and calculations for each wall type as required by the town enginE~er. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross referenced. 8. Boulder Retaining Walls: Boulder retaining walls shall comply with all the standards of subsection A of this section. The height listed for retaining walls is fhe exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greaiter than one to one (1:1), a PE stamp is required. C. Combination Retaining Walls: A retaining wall should be considered a combination wall if the upper wall falls within a prism defined as starting one foot (1) behind the face of the lower wall at the loiaest finished grade line and then back at a 1.5:1 angle from this starting point. The minimum bench of combination retaining walls shall be four feet (4). All combination retaining walls shall have a PE stamp. VI. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council uphold, with a condition the Town of Vail Design Review Board approval of a administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1, and setting forth details in regard thereto. (DRB07-0501). On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed b~/the requirements of Title 12, Zoning Regulations, and Title 14, Development Standards, Veil Town Code, have or have not been met. Should the Town Council choose to uphold, with a condition the Town of Vail Design Review Board approval, of an administrative approval, the Community Development Department recommends the Town Council applies the following condition: 4 1. That the developer of Lots 10, 11, and 12, Vail Village West Filing 1, correct the constructed retaining wall along the shared property line with Lot 9, Vail Village West Filing 1, to be a minimum of two (2) feet from the property line per the requirements of Section 14-6-7, Retaining Walls; Town Code, prior to requesting a certificate of occupancy for the remaining homes.. Should the Town Council choose to uphold, with a condition the Town of Vail Design Review Board approval, of an administrative approval, the Community Development Department recommends the Town Council make the following finding: 1. That the design review application for the change to the configuration of retaining walls located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1 was submitted in accordance with Chapter 12-11, Design Review, Vail Town Code, and is in compliance with Section 14-6-7, Retaining Walls, Vail Town Code. VII. ATTACHMENTS A. Site Survey dated August 30, 2004 B. October 3, 2007, administrator approved retaining wall reconfiguration C. Landscaping plan for the constructed retaining walls based upon an as-built survey performed on October 22, 2007 D. Public Notice 5 i ...LGCL•ND-~~.~•-:-:..~ ~ s e~w X110111$-IOi99' /i~ Bsu~ - 3n.5BT P'°' u1c - s&sY ru+w+7 - ta.ce• - _ / - ~.ey.W qq-~yy / / irvy ~ aoi1.1 ' / / / lams d orv~m~s! ~ / 55~ w~ CRAPEIIC SCALE ~ m,v.. /~ i ~ ly i' i .~, ~ ~ ,~ ~~ i ~' '• ~% _ ,fib ~: eo,..:~ ~ ~ 1/'/ f~ ~\\ / I / ~ ~- ` ~~: ' . 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R'A65'BENEH) ~c~^i" .'• ~r;~.x'°. / / % ~~ ~ ~ / / / -~ /.:\ ~~" ~ ~ ' _ ~ \ / ~ ~ / / A5.0.21 LFS / ~ ~ ~ / / 'y~_ .ltd ' % / / / / ~ / G. ~. \ -..; ' moa.zol cis /' o i i \~ ~ / ' ~ / / . / J POPOSEDF'DIDEgDRAN / /' Y / `/ ~ / ~` / / / I / / \ '' / / / FOR /)ituHyllTP) ' /'`~ '~~\ \~~ ' / / ~ / ~ /'I :: :+A .u .an /v1./ / ~~_rG / 7_'_._. -_ _. /_ _~'_i- ~j ~ ~ / / /``._ / .J` -_ ~ J/ / / DESIGNED BY: CLA in ....N .\, i / / / .' / / , ,°y:.~ / : / '/ ' ~ / \ / ~ ~ / / i / i8 ` PLC JOB/: I}52 ., / / / ' / /_ ~: ~T. / / P YA0.\ DATE: }~)/D6 ~..~s......n /~^\:' --r- / / -_ . ,'-~ -j/ -_-•_ ~.I ' i / %~'DESIGN EVIEW ""°'""'°R SWALE 9EHIND~'> \ __~~-~`~~ `~%' / 6T~FF-AP gOVAL\ SHEET FOUNDATION WALL. ~: ~, ` ~ ~.• ~ -~- ~~/~ ~ • O-7 Attachment B LOT 9 0 ~`~, L,... ~ ~ III ~~~ ~/ ~;..~ P ~~ ' m,,. s e°.,.e \\\\\\ e°,.:r~ em:.. °jrewc ~,w~w°n<°1~ ,ir e sa,.., I w~..e eo :.rc°" I MAT ~~H ORN VILLAGE w.e, III ,o,;.", °°'°( LOT 71 \ e°u, I II ml . I e °1 emr., \ / ~ eeva° \ ae.~ fC LOT 12 \ \ ° ' \ \ \ \ \ ~ \ I HIGHLAND MEADOWS I a c°n°x xN~m i I LANDSCAP~ PLAN ~ ~ . ,..~,..,.,..~°~,.,.,..~,°., ,r....~..~°...~4,~~.~..~,..~a~,e.n.., \ I \ \ ~ \ I ~ \ \ OT 13 VAIL VILLAGE WE57 \ \ \ \ \ I \ \ N ~ W m O FILING No.1 \ \ \ V O \ \ M \ \ ~ \ °: a iuu ",.`cu c \ LP ~ ~ - - - - - - - - - ~ - - - - - - - - ~ - - - I Attachment : C THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town .Code, on Tuesday, November 6, 2007, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEMITOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board approval of an administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1, and setting'forth details in regard thereto. (DRB07-0501) Appellant: Vail Town Council Planner: Warren Campbell The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. `4ttachment D TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT MEMORANDUM OF UNDERSTANDING THIS TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into effective as of the 6th day of November, 2007, by and between the Town of Vail, Colorado ("Town") and Vail Park and Recreation District ("District"). RECITALS WHEREAS, the District manages recreation and provides programs and services to the public at various Town facilities, including the Vail Municipal Golf Course and Dobson Ice Arena, pursuant to long term lease agreements; and WHEREAS, the Town and the District have been working over the last two years to cooperatively address (i) a substantial and expensive backlog of deferred capital facilities maintenance items; (ii) a plan for funding ongoing facilities maintenance after such deferred items have been addressed; and (iii) potential reconfigurations and enhancements to the facilities; and WHEREAS, the Parties wish to memorialize their agreements and intentions regarding the preceding items, while acknowledging that their obligations are subject to the annual appropriation of funds necessary for the performance thereof. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants made herein and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: 1. The Parties have agreed to a five~year funding plan regarding nearly all of the Town's facilities operated and managed by the District with the exception of the Golf Course (the "Non-Golf Course Facilities"). Such plan is attached to the Draft Non-Golf Course Master Facilities Lease, the conceptual form of which is attached hereto as Exhibit A. While the funding commitments, attached as Exhibit B to the Draft Lease, are subject to annual appropriation, the parties pledge to make a good faith effort to timely and fully meet such commitments. The District acknowledges the Town has appropriated in 2007 up to $56,000 for Ford Park Tennis Court Facilities. C:\Documents and Settings\Administrator\Desktop\Town Memorandum of Understanding v2.doc 2. The Parties agree to use their best efforts over no longer than the next three months to resolve the backlog of maintenance issues related to the Golf Course and enter into an additional five year Golf Course funding plan and along-term Golf Course lease and along-term non-Golf Course lease by the end of January 2008. 3. In the interim, the Town hereby affirms the funding commitments appropriated in its 2007 Budget to Golf Course facilities, including $95,000 for engineering studies for bridges, tee boxes, the storage facility, etc. and $9,500 for irrigation system design work. 4. The Parties intend that the obligations contained herein are subject to the annual appropriation of funds necessary for the performance thereof. IN WITNESS WHEREOF, the undersigned have set their pens hereto effective as of the date set forth above. TOWN OF VAIL, a Colorado municipal corporation. By: Mayor Attest: Secretary VAIL PARK AND RECREATION DISTRICT, aquasi-municipal corporation and political subdivision of the State of Colorado By: Attest: Secretary 2 EXHIBIT A TO TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT MEMORANDUM OF UNDERSTANDING (Non-Golf Course Facilities Lease) TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT LEASE Zoos {00017543.DOC /} 3 TOV~-TN OF VAIL AND VAIL PARK AND ]RECREATION DISTRICT MASTER FACILITIES LEASE THIS TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT MASTER FACILITIES LEASE ("Lease") is made and entered into this day of January, 2008, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town," and the VAIL PARK AND, RECREATION DISTRICT, aquasi-municipal corporation and political subdivision of the State of Colorado, hereinafter referred to as the "District". The Town and the District are sometimes referred to herein singularly as a "Party" and collectively as the "Parties". WHEREAS, it is the desire of both Parties to cooperate in the provision of recreation programs and services to the inhabitants and guests of the Town at.the Leased Premises (defined below); and WHEREAS, the District has been providing such services under lease agreements, including without limitation the Town of Vail and Vail Park and Recreation District Lease dated December 21, 1993 related to the Dobson Ice Arena and other facilities referenced therein (the "Prior Lease"); and WHEREAS, it is the desire of botlh Parties for the District to continue to provide these services; and WHEREAS, the Prior Lease does not apply to the Vail Municipal Golf Course ("Golf Course") or the Vail Gymnastics Center and the Parties do not intend for this Lease to apply to such facilities; rather, a new lease applicable to the Golf Course is being executed simultaneously herewith and the lease applicable to the Gymnastics Center shall remain unaffected by this Lease; and WHEREAS, in connection with idlentified major facilities repair and maintenance projects necessary to be conducted currently and into the foreseeable future as well as possible major renovations or reconfigurations of Town facilities, the Parties desire to modify and supersede the Prior Lease and memorialize their intended relationship with respect to the their rights and obligations in various Town facilities for the term of this Lease; and WHEREAS, the Town and the District are authorized by the Constitution and Statutes of the State of Colorado, including Section 29-1-203, C.R.S., to enter into intergovernmental agreements to govern the provision of such services to the inhabitants and visitors of the Town; and {00017543.DOC /} NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby admitted, the Parties hereto agree as follows: 1. PURPOSE. It is the general purpose of this Lease for the District to continue in the occupancy of the Leased Premises and the management and provision of recreational services for the inhabitants and visitors of the Town. This Lease shall supersede the Prior Lease and any other agreement to which the Town and the District are Parties with respect to the Leased Premises, and such Prior Lease and agreements are hereby agreed to be of no further force or effect with respect to the Town, the District and the Leased Premises. 2. SERVICES TO BE PROVIDED BY THE DISTRICT. The District shall provide recreation programs and services at the Leased Premises. Such services and programs shall be of high quality and shall be of sufficient diversity and scope to meet the recreational needs of the inhabitants of the Town and the visitors thereto. 3. LEASE OF PREMISES. The Town hereby leases to the District and the District leases from the Town the real estate associated with, and all improvements located on, in, or under, the facilities set forth below and more particularly described in Exhibit A attached hereto (the "Leased Premises"): (a) John Dobson Ice Arena and Environs ("Dobson"); (b) Nature Center and Environs; (c) Upper Bench at Ford Park; (d) Public Tennis Courts; (e) Athletic Fields; (f) Youth and Teen Center; (g) Red Sandstone Athletic Field; and (h) Donovan Athletic Fields. This Lease does not apply to the Golf Course or the Vail Gymnastics Center, which facilities are the subject of separate leases. {00017543.DOC /} 2 4. TERMS AND CONDITIONS. The District's use of the Leased Premises is subject to the following terms and conditions: (a) Use of Premises. T'he Leased Premises shall be primarily used for recreation programs and services except as otherwise provided for herein. (b) Utilities. The District shall pay all charges for gas, electricity, light, heat, power, telephone, video, Internet or other communications services used, rendered, or supplied upon or in connection with said Leased Premises, with the exception of the Youth and Teen Center, and shall indemnify the Town against any liability or damages on account of such charges. (c) Access to the Premises. The Town and its agents shall have the right to enter in or on the Leased Premises to examine them, to make and perform such alterations, improvements, repairs, or additions that the Town may deem necessary or desirable for the safety, improvement, or preservation of the Leased Premises. (d) Changes to the Leased Premises. (i) Neither Party shall change any portion of the Leased Premises for which the other Party is responsible for maintenance, repair, or replacement without the prior written approval of such Party, ,which approval may include conditions. (ii) If the writing authorizing such change is silent as to the ongoing responsibilities for such changed facility or other improvement, then the Party who was previously responsible for such facility or other improvement shall continue to be responsible for ongoing maintenance, repair, or replacement of the same. In the event such writing is silent and the change results in a new facility or improvement the maintenance of which has not been previously addressed hereunder, ongoing maintenance, repair and replacement responsibilities shall fall to the Party making such change. (iii) All such work: shall be performed in a good and workmanlike manner and all new facilities or other improvements affixed to the Leased Premises shall, upon termination of this Lease, unless otherwise agreed at the time the Town's written approval is obtained or unless the Town requests removal thereof, become the property of the Town. (e) Maintenance Repair~~ _and Replacement. (i) The Parties generally intend that the Town shall be obligated to ensure (i) that all mechanical systems, structural members and systems, and exterior finish items (e.g., painting, roofing, windows, etc) are maintained in good working order and in a f rst class and safe condition and (ii) that such items are properly repaired when broken or damaged and replaced when they reach the end of their useful life. The Parties {00017543.DOC /} 3 also generally intend that the District shall be obligated to ensure (i) that all interior finishes (painting, drywall, flooring, etc.} are maintained in good working order and in a first class and safe condition and (ii) that such items are properly repaired when broken or damaged and replaced when they reach the end of their useful life. The remaining provisions of this Section 4.(e) have been agreed to in the context of this general understanding; however, any conflict between the general allocation of responsibilities set forth in this Section 4.(e)(i) and any other specific provision of this Lease, including without limitation the Master List (defined below) in Exhibit B as amended from time-to-time, shall be resolved in favor of such specific provisions. (ii) The Parties shall be responsible for maintaining, repairing, and replacing the facilities and improvements listed in a master list attached hereto as Exhibit B and incorporated herein by reference ("Master List"), which Master List may be modified or amended from time-to-time by acknowledgment of the Town's Town Manager and the District's Executive Director. Where a Party is designated as responsible for maintenance, repair, or replacement of a particular facility or improvement, such Party shall perform the same at its sole cost and expense as and when needed to preserve it in good working order and first class condition. (iii) The District shall, on an annual basis, hire an outside, qualified company to inspect and provide routine maintenance on the HVAC systems to ensure proper working condition. A copy of an invoice or other documentation showing the work performed shall be forwarded to the Town Director of Public Works. (iv) Neither Party shall be responsible for the repair or replacement of any facilities or improvements. damaged by the negligent or willful acts or omissions (including without limitation negligent maintenance) of the other Party or its guests, agents, employees, licensees, or invitees. (v) On or before June 1 S` of every year, each Party shall submit to the other Party for its review and comment an assessment of each of the facilities and improvements for which it is responsible under this Lease (a "Capital Facilities Assessment" or "CFA"). Each year the CFA shall include an evaluation of the adequacy of maintenance which has been performed and at least a five year forecast of expected maintenance, repair, and replacement items and an estimate of expenditures necessary to accomplish the same consistent with the terms of this Lease. The Parties may prepare a joint CFA if they desire. The first CFA is contained within the same spread sheet as the Master List attached as Exhibit B hereto and incorporated herein by reference. Future CFAs do not have to be part of the Master List spreadsheet, it being the intention of the Parties that the CFA will be revisited and revised on an annual basis while the Master List will not change. (vi) Each Party shall keep an annual log setting forth actual expenditures made for maintenance, repairs; and replacements required hereunder.. Each {00017543.DOC /} 4 Party shall forward a copy of such log to~ the other Party on or before April 1St of the following year. (f) Recreation Projects Line Items. Within sixty days of execution of this Lease, each Party shall create by resolution or other means acceptable to the other Party separate budget line items known as "Recreation Projects Line Items" or "RPLI". Subject to annual appropriation, each Party is obligated on an annual basis to appropriate to its respective RPLI the minimum amount of funds necessary to make the expenditures for the subsequent one-year period forecast in the five-year Capital Facilities Assessment. While the Parties are only required to fwid one year in advance, the Parties are encouraged to use the RPLI to set aside funds for expenditures foreseeable several years into the future. Once funds are appropriated to the RPLI, they may only be expended on maintenance, repairs, or replacement items required to be made hereunder or on acquisition of new facilities or improverrients for the Leased Premises. However, for purposes of this Lease, funds appropriated to the RPLI do not have to be reserved for or traced to the item in the Capital Facilitie s Assessment to which they are related (e.g., funds identified in the RPLI in 2009 for replacement of a certain roof in 2014 are not restricted to funding replacement of such roof). Any funds not expended in a particular year shall be re-appropriated consistent v~/ith the CFA; provided, however, that such remaining funds shall not offset or reduce funds required to be appropriated to the RPLI in the subsequent year. If a Party desires to expend funds within its RPLI on any item other than maintenance, repairs, or replacement items required to be made hereunder or on acquisition of new facilities or improvements for the Leased Premises, the written approval of the other Party's Council or I3oard, as the case may be, shall act as a waiver of any claim such Party may have with regard to such expenditure. It is the intent of the Parties that no other person shall have a claim for any alleged breach of this Recreation Projects Line Items Section. On an annual basis, each Party shall provide the other Party with a detailed description of its appropriations to and expenditures from its RPLI. Upon the expiration or earlier termination of thus .Lease, any funds remaining in a Party's Recreation Projects Line Items may be spent in any lawful manner, for any purpose, and without any obligation to the other Party. (g) Damage to or Disrepair of Premises. If any of the facilities constituting part of the Leased Premises fall into disrepair or are damaged by any cause so that such facility may not be used for the purpose for which it was intended or may not be operated consistent with the standards and image the District or the Town wishes to project, either Party may give written notiice to the other Party generally describing the damage or disrepair and proposing a soluttion or process to reach a solution. If the Parties are not able to reach an agreement to address such concerns within sixty days of such notice, then either Party may elect one or more of the following options, as applicable: (i) Continue to operate such facility unless such operation would be in violation of any particular building or health code or any other law; {00017543.DOC /} 5 (ii) Appropriate funds and make such repairs and replacements on its own even if responsibility therefore lies with 'the other Party; (iii) Terminate this Lease with respect to the particular facility at issue upon 30 days written notice to the other Party, with this Lease to remain in full force and effect with regard to the other Leased Premises; provided, however, that a termination pursuant to this provision may not be exercised by the Town if the facility at issue is subject to asub-lease, license, financing covenant, or other encumbrance; (iv) Discontinue operating such particular facility (i.e., let it "go dark"), with such facility continuing to be subject to this Lease. (h) Surrender of Premises. Upon the expiration or other termination of this Lease, the District shall promptly quit and surrender to the Town the Leased Premises in good order and first class condition, ordinary wear excepted. (i) District Property. All items of property purchased by the District and not affixed to the Leased Premises shall remain the property of the District. 5. CONTROL OF THE JOHN DOBSON ICE ARENA. (a) Deed of Gift. The District understands that Dobson is a multi-use facility utilized for both recreation and other purposes by the Town, and further understand the Town desires that the provisions of a Deed of Gift between the Town and Elizabeth M. Webster, a copy of which is attached to this Lease as Exhibit C, be complied with for so long as the Town determines its provisions to be applicable. The District agrees that it will not depart from the provisions of said Deed of Gift without the consent of the Town. (b) Obligation to Use Arena. The District agrees to use its best efforts to maximize the use of Dobson for conventions, meetings, conferences, concerts, and other income producing or crowd-drawing events during the period it is not using the facility for ice skating. (c) Use By Town. During the term of this Lease, the Town shall have the right to use Dobson for a total of thirty (30) days during each year of the term hereof for whatever purposes it deems appropriate upon the giving of thirty (30) days written notice of such use to the District. The Town may exercise twenty (20) of said days between March 15 and December 14, and ten (10) of said days between December 15 and March 14. The Town shall be responsible and shall have the right to negotiate all terms and conditions of any activity or event the Town wishes to use the arena for during said thirty (30) days. The District shall be entitled to receive the gross receipts or rent produced by any such event less all expenses and costs thereof. The Town further agrees to pay all associated hard costs during these thirty (30) days to include, but not limited to {00017543.DOC /} 6 labor costs and utility costs. Notwithstanding the preceding, the Town shall not be entitled to exercise its rights hereunder, even upon thirty (30) days written notice, if the District has entered into an agreement with another Party for the use, maintenance, or repairs of Dobson. 6. RENT. Rent for the Leased Premises shall be $1.00 per year, the payment of which for the entire term hereof the Parties acknowledge has been paid and received in advance. 7. PASSES. As a benefit for its employees, the District shall provide the Town with as many season golf, tennis, I'Jordic, and skating passes as the Town requests. Such passes shall be non-transferable. Use of the Leased Premises pursuant to such passes shall be subject to all District policies, rules and regulations. 8. PARKING. The Town will provide twelve (12) parking spaces for District employees at the Ford Park Parking lot a~t no cost. Further, the Town will provide to the District as many parking passes and coupons for the Lions Head Parking Structure as the District requires to utilize for its employe;es. These passes may not be re-sold by the District. 9. PERSONNEL. The Town and the District and their respective officers, agents, and employees shall fully cooper;~te so as to facilitate the performance of this Lease. The provision of recreational ser<~ices and programs as contemplated in this Lease, and the hiring, firing, and discipline of District employees shall be the responsibility of the District. No person employed by the District shall have any right to Town benefits including health insurance; and pension. The District, however, may invest pension funds in the Town's pension fund subject to such conditions as maybe established by the Town and permitted b:y law. The Town shall not be liable for the payment of any salaries, wages, or other compensation to any District personnel performing recreation services pursuant to this Agreement, nor for any obligation of the District other than provided for herein. Nothing herein shall obligate the Town to be liable for the injury or sickness of any District employee arising out of his/her employment. 10. LIABILITY, INDEMNIFICATION AND INSURANCE. (a) District Indemnification. To the extent legally permissible and without waiving any of the protections, requirements, and limitations of the Colorado Governmental Immunity Act, the District; shall indemnify and hold the Town, its agents, servants and employees harmless from acid against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees and costs of investigating any such matters, suffered or sustained by the District, its agents, servants or employees, or by any other person rightfully on or about the Leased Premises arising out of any act, error, omission or negligence in the operaltion, maintenance or use of the Leased Premises {00017543. DOC /} 7 by the District, its agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the Leased Premises, or any condition of the Leased Premises or adjacent property; provided that this indemnity shall not extend to damages resulting solely from the negligence or willful misconduct of the Town, its agents, servants or employees. (b) ,Town Indemnification. To the extent legally permissible and without waving any of the protections, requirements, and limitations of the Colorado Governmental Immunity Act, the Town shall indemnify and hold the District harmless from and against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees arising from the negligence of the Town, its officers, agents, employees, successors and assigns. (c) Insurance. The District and the Town shall respectively provide their own public liability, property damage, and errors and omissions insurance policies sufficient to ensure against all liability, claims, and demands or any other potential liability arising from this Agreement. Further, the District and the Town shall, subject to the approval of each Party's insurance carver, name the other Party as a coinsured under such insurance policies and shall furnish evidence of the same to the other Party. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. The District and the Town may provide such insurance through programs of self insurance. Each Party shall procure and continuously maintain the following minimum insurance coverages, or self insurance capability: (i) Workman's Compensation insurance coverage in the statutorily prescribed amounts. (ii) The following types of insurance coverage in the amount of one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence, or such limits as otherwise provided by the Colorado Governmental Immunity Act, and one million dollars ($1,000,000) aggregate: (1) General Liability insurance coverage. The policy shall be applicable to all Leased Premises and operations and shall include coverage for bodily injury, broad form property damage, personal injury, blanket contractual, products and completed operations. (2) Comprehensive Automobile Liability insurance coverage with respect to each of the Parties' owned, hired or non-owned vehicles used in the performance of this Agreement. (3) Errors and Omissions insurance coverage. {00017543.DOC /} g (4) Liquor Liability insurance coverage if the District obtains a liquor license to serve wine, bE;er, or intoxicating liquors. 11. EFFECTIVE DATE. This Lease shall become effective on the date set forth at the beginning of this document. 12. TERMINATION. (a) Unless sooner terminated as provided for herein, this Lease shall terminate at noon on November 1, 2057. (b) Upon expiration or earlier termination of this Lease, the District's right to use the Leased Premises and all iimprovements thereon shall cease as provided for herein. (c) Failure of either Party hereto to maintain the insurance policies or coverages required hereunder, or to pay the rent provided for herein within fifteen (15) days of its due date or failure to perform any other obligation of this Lease within thirty (30) days after written notice of default, shall constitute a material breach of this Lease, upon which the non-breaching Party may immediately terminate this Lease; provided, however, that if such breach is not capable of being cured within such 30 day period using its best efforts, then the Lease shall. not be terminated so long as the Party in breach is using its best efforts to cure such breach. 13. MISCELLANEOUS PROVISIONS. (a) Amendments, Modii~ications and Waivers. No amendment, modification, or waiver of any covenant, condition, or provision hereunder shall be valid unless in writing and duly executed by the Party to be charged therewith. (b) Entire Agreement. This written Lease embodies the whole agreement between the Parties hereto and. any inducements, promises, terms, representations, conditions, or obligations made or entered into either by the Town or the District not contained herein are void and of no force or effect. (c) Binding_Agreement. This Lease shall be binding upon the respective Parties, their successors or assigns. (d) Severabilitv. All promises and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Lease shall be interpreted as if such invalid provision or covenant were not contained herein. {00017543.DOC /} 9 (e) Authority to Enter. The District and the Town have represented to each other that each possesses the legal ability to enter into this Lease. In the event that a court of competent jurisdiction determines that either of the Parties did not possess the legal ability to enter into this Lease, this Lease shall be voidable by the other Party. (f) Notice. Any notices to be sent to the Parties pursuant to the terms of this Lease shall be considered made the day it is mailed via certified or registered mail to the following addresses: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81658 Executive Director Vail Park and Recreation District 700 South Frontage Road East Vail, CO 81657 (g) No Third Party Rights. This Lease shall not be deemed to confer or grant to any third Party any right to claim damages or bring any legal action or claim against either the District or the Town because of any breach hereof or any covenant, condition, or provision contained herein. (h) Specific Enforcement. In addition to any other remedies available to the Parties in law or equity upon breach, this Lease shall be subject to specific enforcement. (i) Assignment; Sublease. This Lease shall be non-assignable and the District shall not mortgage, hypothecate, or encumber any of the facilities set forth herein without the prior written consent of the Town in each instance. However, the following actions shall not require the Town's prior consent: assignment of the Leased Premises to aDistrict-controlled enterprise; and, sublease of the Leased Premises for purposes which further the District's provision of park and recreation services to the public, which purposes include without limitation concession services, food services, performances, sleigh rides, and other amenities. (j) Obligations Subject to Annual Appropriation. The Obligations of the Town and the Obligations of the District hereunder are subject to the annual appropriation of funds necessary for the performance of such obligations by the Town's Town Council and the District's Board of Directors, respectively, which appropriations shall be made in the sole discretion of such bodies. If one Party is unable to perform its obligations under this Lease in the manner as set forth herein, then the other Party shall {00017543.DOC /} 10 have the right to terminate the Lease, anti both Parties shall have no further obligations of any kind or nature, except those that specifically survive termination. (k) Section Headings. 'the section headings in this Lease are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. (1) Time of the Essence;. All the time limits and requirements stated in this Lease are of the essence of this Lease. (m) Duplicate Ori final. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. (n) Compliance with All Laws and Regulations. The District agrees not to use or permit the Leased Premises to be used for any purpose or in any fashion prohibited by the laws of the United States, or the State of Colorado, or the ordinances or regulations of the Town. (o) Additional Assurances. The Parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. {00017543.DOC /} 11 IN WITNESS WHEREOF, the Town and the District have executed this Lease as of the date first set forth above. Attest: Secretary Attest: Secretary STATE OF COLORADO COUNTY OF TOWN OF VAIL, a Colorado municipal corporation By: VAIL PARK AND RECREATION DISTRICT, aquasi-municipal corporation and political subdivision of the State of Colorado By: ss. The foregoing instrument was subscribed and sworn to before me this day of , 20 , by as of the Town of Vail Park, a Colorado municipal corporation. Witness my hand and official seal. My commission expires: Notary Public {00017543.DOC /} 12 STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 20 , by as of Vail Park and Recreation District, aquasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal.. My commission expires: Notary Public {00017543.DOC /} 13 Town of VaiV Vail Recreation District Borne Engineering Report- Summary of Cost Sharing- Preliminary Draft Dated October 5, 2007 I,ocahoo Town Responsrbdrty VRD Responsihdrty Description 2007 2008 2009 2010 2011 Total Thru Total W/ 25% 2012 2012 Contiagencv t~ennwrorat•atx_ AU _..- ;_...._ > - Trnnis/Ford Park Repair Major Structural Issues >.A None, .. ,. '.:-. _~ - .. Re air Stair Treads .._:_.._..AI-GlubhouseGradmgandDramage :', ,t 42 Cl b ,_ "._. _.__ _ _, _ ,,~ _„_ _~, .,3,510 - ~° ~ _ x_3,510 ~ ~" ~ __.4,387_' r ^ .._ ~. _ _ ~- Tennis(Ford'Park Repair'it4e3or StruMUral Issues ~ p _ _ Repair Stair Treads `` ~ . - u house -Structure- VRDResponsibihty A2-Clubhouse -~Stivcture-Town Responsibility 100.0 -- aosli _ _ .. _- ` " 1'000 " ° 2250 - - rT ennislFordPark. AIL ' n . ~~. ~ ... %;' : -'.: " ~ ° None. ~~ ' ~ . ~ ~ ~ A3-3Vood Sidin &Trim 8 - - ~ 550 - . 3,569 ' ~ 4 119 . ' S 1649 ~Teonu/Ford Park . All :. ._ ' .. None _ ~ - • A4-Stone Veneer. ~ - - ,. - , ITennis/FordParlc AIL. . 'None ~ - "AS-Windows ~- - , , ~TeunislFord Perk- -All : , TetttdsJFord Per ' z k All ~ : • ' y None ' ' , = A6-Exterior Doors'_ - . . <; ..r,..,",... ,.. Tennis/Ford Perk None _ , ~ .None All Painting and Patching A7-Clubhouse Roofmg _ _ _ _ _ .48-Clubhouse Walls and Ceilings T 500 8 112 _ ~ _ _ 7 5110 _ ^ ~ 8 y __ 9,375 t A Teruus/Ford Park None ~Terinis(Ford Park Routine Re l t ' All normal wear and tear A9-Clubhouse Flooring , - - ,112 10,140 p acemen s ° _, _ . 'fennis/Ford Perk Non ,_ -Any enhancements to,facilities A10-Clubhouse: Locker Roams _ ., ' ' ~ ~ ~ ~ -~ ~ ~ _ 33 746 ~ - - ~` ` 3 - ~ 2, 2 6 e iTenoialFord.Park . All major repairs~endreplaceimnts All r airs and re lacements ~ ~ Routine maigtenance ~ ' ' ' AI (-1Gtchenrne _ _ _. ' ` ; A12,Mechanical_Systems `- - ' ~ 100 -° - 6 977 ~ ~ - - 1 222 " 8 TettnislFordl?ark All • . . - - .. T nni /Fo P d k ; Norn . . : ' ° . ;. A13-lTtt - building.:5tructure " ~ t ~ . .6,864 ` . 258,719 ad5,583 1 331,978: e s r . ar All ... tTennis/FdrdPark .All ~ ~ .; .. ".. . None ~ ~ .. •~ .. . None ;~ :. • , A14-CtvfUBlockVeneer ~ - A15-Lo« SlopeRooFin - , ~ - 4 056 ~ 70~' . . iTennisJFord Fark Al! ".-'_; __, ._~ • " ° T i / ~ ~ None . g >A16,OOtbudding"Rest_rooms _' 2000. 7 176 °- ~ . - 0 8l enn s F ord Park Overlays - , _ ?etinis/FordPark' Overlay ~ ' Routine crack fill ~.. _ R A17-Asphalt Walkways VRD Responsibility _. - ~ _ ~ ~ 4,050 "`~" __ _ - - - _ . __,..,.._ ._. _.. • _ _ ._ _ . t Y„ .. ~..,~ TennislFord Park ' All Re lacem nts•• ` ~ outinecraakfih~ .. Mi f s ' ~` . AI7-Asphalt Walkways-ToHnResponsibilit}. ' . < .._ 37,9b4 - ~ 3 3 x4 p e :,, .., ,,, JTennis~ordPark`~ Town.: ,_ norcrack, l.~ - tll . . " N ~ ~ `...~' ;AlB-COncrete,Walkwaps. r, F. '..,..., . -~: ' .. 5365~ . 5 ~ 65 6,706: . - ennisffard Park :Town ~. t , . _ - ~T i . one , ~ None ^ ... AI9-BnckPavers • - A20-M$$ Retarm Walls ug - 704 - - , 2 704 - 379' Temi a/FardPark, Replace.. Teimi lF d P IC D o ~ Paint R Itfaintain All-Metal~liand Rahrgs ~ ~ X875 s or ar uecti ml and Infortnahonal - " ! IT earuslpord'Packr All .. Internal Facility Srgnage _ ,',~ A21,~Signage - _ ~ ' ~ ~ :: ~ 4,095 4;095' : - 5! 8? , . Tennis/Ford Park None None All ;. . A23.LighhngUnps,~ ._,. , ~. ~.A ~~ ,'Rrr 811..` , -.8,1,^12 -`.10'140'° Tennis/Ford Park None All A24-Bell Field Lading and Drainage 8,000 2,ti00 2,704 2,812 2,925 9,733 28,774 35,968 Tennis/Ford Park None All A25-Ball Field Chain Link Fence ~ 5,20(i 5,206 6,507 7ennislFord Park None All A26-Bleachers A27-Ball Field Accessories 23,111 23,111 28,889 Tennis/Ford Park Replacement TBD Time clceks- Replacement TBD A28-Irrigation System 4,160 4 160 5 200 Tennis/Ford Park None _ _ kTennis/FordPerk: All '`' All ;' ;: N n A29-Tennis Courts-Resurfacing _ _ __ ._ _ _ _ 5 -- - ~ O8 , , , _ ., .._. ._.._:_~ , _"_. Tennis/Ford Perk Replacement of Poles . o e ~ __.___- . -- _ :...,,.. .- Chain Lirilc Repairs & Wind Screen ~. , ,_A30-TenntBCOurtRetatmngWalls _ ,~ A31-Tennis Court Fenemg- VRD Portion . ~ z ;„T _ _;'- _.189800µ._~.. 11 287 ~~ - - '° f _ ~~-~~~~ ~ W°#~ ~ _ - __ 125~ x23 ~ ~ ~ ~t ~TenaisrFord l'ari: Replagement ofPolp ~-" Y .~~Chain Lrnk Repaus & Windscreen ~ ~ A3i-Yentas GourtFencing-Town Portion ~'~' ~ , 42;Opp` ' 13 ?33 02 0 - 000 4 _ _ 1 27 5 - Stm ' a ~ outh Svcs All ~ Y _, :._ _..:._ _ .~: Youth Svcs None . - _ . _ ?`?~ . , _..._._ .. . _ _. `_ . •:.. - _''_.' ; Bl-Slncture -~ _ _.. ___ .0. -- .: - ^ 3 SOD °-- "-, __..,_.:,. _,.--- ° __, _ ...:.:,.. _ ' ___ ,~_>... '.a,. .,, 3;500 - ~ . ~ 4373 , Youth Svcs None All All B2-Walls and Ceilings 5,544 5,544 _ 6,930 Youth Svcs None ~ All ~ B3-Flooring B4-Kitchen 20,000 4,802 24,802 31,003 Youth Svcs None All ~ BS-Televisions 12,157 12,167 15,208 Youth Svcs None ~- - .. __. i;YoiJth Svcs , , i> Replacements - :^ _ ^", ... - All • Rouhn I•faintenartce ' ~ . B6-A t A c rv~ty ecessones , BZ Furnaces - ~ 19 500 .:., - 040 - Youth Svcs ADA- Splrt 50%/50% __. Yo th Sv AD 50° S ADA Split 50°io/50% ~ , . ....., B8-Elevator System- VRD Portion ' `- - ~ _ ~._4_ -~ ~ -~ -~ 112,485 - ~ ~~ - - 112,485 -- _140,608 os u A- ht 50%! io Y th S ADA S Jtt 50%1~0°h- _, m ` _ _ B8.Elevator S stem-Town Portion _ .... _ Y _ .. _ - ~ '-- - _... ` 112486' .~ 112 486 ..140508 t ou vcs None _ ._. _. - (Dobson - All' .: All _ ' ' e _ B9-RedSandstone Elementary Crym - ~• _ _ 5 760 - - _ .. _ 1,587 - _ _ ,~ _ , 8,447 _ 10 559 1 _ - ~ _ Non ~ Tl e CI•Gredingand , Draurag e 6 ^ , - -- _ va." ... ;Dobson '' All ~ on ;';Noce ~° C2Su structtue C3-SgpersWCture~~ _ .' ' 5600 2 000' 1 ,600 1 2,000 Dohson _, -All. , . Doli o ` " ~ None _.' C4=ExteriorTnuisfomrerFouodation t 2,D80- , 2,080 x,500 # s n - All .. t)obson All ~ ~, None - CS-Conprete Tdt-Up Walls , . ,. , . - 7 j 3;245 _ ~ .3,245 4,U55 ` .. ~ ~ ' ~Dpbswt All , None N C6-V/ood Tnm endBxposed Glulam Beams • . 7,09 _ 5,350 12,446 15,558 , . one .. • C7-hfetal Siding ' r ' .. 'Dobson Exterior,calkmg:and replacement Interior Calking ~ ~ °- C8-1ViitdowS ~ ' ~ ~ - ~ - 1 190 - - ~ 1 338 2 528 ~ - - 3 160 " Dobson Extenor calking andreplacemrnt (Dob Interior Calking & Minor Repairs " ." C9-Exterior Doois ., 1,7 30 , , 730 1 -• 2,163 .1 son All - D°i bsuri All ~ ' • ' r ~ . None. .; ~ No ~ - ~ - - CIO•Stee SlopeRoofmg P ` 755,506. ~- - . ~ ~ - , 755,506 _ _ 944,383 - ~ __.._... . -_. _ - m . CI1-LowSlo Roof _.__._.._.Pa mg---`---= . . ,,. - ~ ,, Page 1 of 3 Town of VaiU Vail Recreation District Borne Engineering Report- Summary of Cost Sharing- Preliminary Draft Dated October 5, 2007 Total Tbru Total W/ 25 Location Town Responsibilih~ VRD Responsibility Description 2007 2008 2009 2010 2011 2012 2012 Contingency 1Dob`son. -,,.. ~ All ~ ' ~ n ; '~ :: : . . •...: " ~' None'" -.. , .. . .. ~- .. C12-Exhaust Stacks ""t ~ . - ~ ~9 200. ~ ~ - .` 3,159: , : 12;359 :-' (5,448'. i , Dobson, .. ' All _. , ~ ,, , ' ~' , .None; , Cl3•C'oncrrete Walkevavs - 1.825 _ `' " 1.825 ', 2,281-" IDobsoi, , .. '~_. All "'° ~ '- ry :- ~~ ,. None- `~~ ,~. ~ ~ - CI4BrickPnvers - - - ~ - ~ - - ~° 1,38 ' ~ 4;338 :1;673 ~ tDotuotr _~All None.. - ~ CIS•RockR'alls -_ ~ ~ I,23T ~ .1,237 b ~ '1547- IDobson _._ "; ` . ;All ~ ` . F_,;,;,, ,' _. _ . _. None; .. _ _ : C I6-Exterior Lighting 1;237„~_ 1.237 , ,1,547 Dobson Replacement Painting C17-Steel Gate 1,14J 1,138 2182 3,103 iDobson .~=NOne " _ AII. `' _ CI8-Interior Wallsa»dCedmgs 2'_.834' '7,53Z:`~° _ "50,371 _ 62,961 'Dobson_~__w _`,None,.~~, ..-~"x_ '._:.. All 'i_ :~. _ _ _ .CI9.UrtenorFlooring_" __ _ _ . 1514. I,S74., .. 1637` _I 703 :'-,,,";~~428 . +;_8,034: Dobson Replacements Bulbs and lighting upgrades C20-Interior Lighting- VR1} Portion 3,332 3,432 .. 4,290 Dobso',n r,~ -,j; R lacements tip. eP Bulbsand h htin u des '- S 8: PBt'a C'0.lnterior Lt ~htin Tom Portion 6 B- _ ' ~ _ _ 18,858 I8,858 _ 23;573 lDofuon _. All Renogadons~ - ~ ; Atldtttonal costsaf upgrades ' ~ - . C'.2t-1`hangmg Rooms ; ~ , ~ , ~ ~ ~ - ~ 20;196 ~ . 2,196 , T :25,24b tDohson ". ' ~111'RenoCattons ~ ~ -_ ,_' ~. Atldtbonalcosts'ofupgrades .~. _ . ~' F2 Restnorns _;, ~ - - - 24912,,,,_,. , 24,972, ~-31,215;, Dobson None All C23-Metal Lockers - _ _ Dobson None All C24-Concessions 2,912 2,912 3.650 Dobson None All C25-Ice Rink I,I~#4 8,21^_ 9,356 11.694 Dobson Replacement Upgrades and sanding and staining C26Bleacher Seating 3,1 I8 3,118 3,898 Dobson Replacement Painting C27-Hand Railings 4,054 3,407 7,461 9,326 Dobson Replacement Painting C28-Interior Doors .1,144 1,287 2,431 3,039 Dobson ~ ,;r.All ".._. - - .`. aNone- a..^.."._._ ."_' . _ . _:.-x,_C29-Sky,-_GghtLouverSystem~;_.t_ .,.- . _ .',. ..:,...~. 32,984- sF ._ ,..~.._.~_.....,....~. ._. _ 32;984 ~;,r :41;230 Dobson None All C30-Sound System IS,816 IS,$I6 19,771 Dobson None All C31-Scoreboards _ _ Dobson None All C32-C.laaa Smrane Cart _ .oBson Rep acent~m nuUtinc mainfenance ' ' " - C~~-nodrts ~ ~ ;- .: ~ . ' ~ ~ +' - Uebsan All ::-~ ~ ~ ~~ None - ~-~ - - - C34-Ha Water Storage Tanks - ~ - - ~ - 10,000, .: ~ ~ IQOW ~c 13,500. Doh:on All excepittnk system ,. Rink s}'stenr-~[f any ~ ~ ~ ' C35-Heat Pumps - ~ ~ ~ -' ~ ~ ~' ~ _ .;, --- - ~- - - - tsDotison - Replacenent - Routine mamtenanee C16-Domeshe Storagq Tank _ ~ ~ ~'~ - - - Dobson _ .... , "Replacement - :: ~ Routine mamtonance - - - C17-Boilet Dome tic Cuculntion.Sy stem ~ 20,800 t. `` ~ I,_ll ~ 22,037 27 547} ,llobson -~Replacenent ~ Routinemamtenancc ~;. ~ ~C3ft-Air Compressor,.' ~ '~. .1,100 .. " ~-- ~ ~:~. :. ~ ~~~ ,"~ ~ 1,100 ',1;375 IDobsar ^ Replactinent _. _:~ . ~_ Roihinemarntetiance C39-GheromalFtedSys[em. '-~ ': L1-l~i, ,_ -' _t, a~,1144.t 1 __ ~`l_43~; Dobs on None _ All C4[I-Rink C hiller System 7,487_ 7,487 9,359 fDO~son - Allexceptnnksystem _ Rlnk~system-lfany : _ _ , ~ C41-CopperPipmg'- ~ ~ _ - 2,200 ~2,288~ ^_,380 -=475. - 2,574 2677 1453 ~ 18241 `Dobson ~. Replacement . ~ Rou4nemauttenance ~ C4_-Central Au HandlinglLuts - '71;760 -' 71760 ~-~,89700b kDobson , Rtplacetncnb ; ' Routtne nwullenance '.' C43-Overliead RadrantHeatmg _ (Dobson. _ .. All .,_t:_: _ _ . , .. Notx.y_ . . .._ ._ z. C44-Electrical Switr.hgexrs , s _ _~~ - ., ~ ~' F , _ ~~ , ~ ~ Dobson None _ All ~ C45-Forklift ~ 20,248 20,248 25,309 Dobson None All C46Zamboni _ _ Dobson None All C47-Man Lift 21,057 21,057 26,3:2 Dobson None All C48-Washer and Dryer 2,925 2,925 3,656 Dobson None All ~ C49-Event Stage ~ 9,880 ~ 9,880 1?_350 Dobson None - All CSO-Event Chairs 42,580 42,580 53,226 Dobson None ~ All CSl-Arena Deck Event Flooring _ _ _ Dobson None All CS2-Stage Drapes and Curtains 2,500 2,500 3,125 Dobson None All C53-Crowd Controf Dividers 1,456 1,456 1,820 Dobson None All C54Electric Spider Boxes and Cords 21,(142 21,642 27,053 Dobson Notre All CSS-Ice Skates 3 800 4 274 8,074 Io,093 AthleticFreld ~~^,Tmm .,-. ~'Y" _ °'C iNone ,':_ F1 Restroom/StorageFacrtity-Stnichr-e _ 1, 100 ~~4 _ ~I,I00_ ^;1;375 tAthletic Field ~A hl F ld Town : ; `, ~ T '' ~ Noae ~ ~~ r' ;'F2,Coaled Lxtertgr Crypsum Bosrxl ' f, ` ' d ' t etc ie ,; . own t _ None - " F3-Wood Tnm, Posta. Beams an ~ 2475 2,475 3093 ~~WfeNcFttld- .. ': Extenorcalkvtgandieplecemerit.' ' Inten6rCefkmg&MmorRepa~rs ,~ ~.,' F4-Exterior Doors ~ ' . -, -- :,,.- ,_, -... _ „-.__- °_, k„ ~ . ;t .,"„__.~.3'_ _---......- ._ u Athletic Field Town None- Unless golf balLdamage FS-$teep Slope Roofing 9,997 . 9,997 12,496 Athletic Field Crowning to be split Crowning to be split- VRD to maintain F6-Field Gradin and Drainaee g - 3,500 3,500 4,3 75 ..1_thletic Fteld ~ ..,~..All_. .,,. _. ,, _...t _ _ _ - .::._e_ None.,. .._ _ 1. _,x__.~:4, - - - _ `: ,; F7_AsphaltPadungLot _.. ,' _.-_. _ _..,,..._-_ _ >; ," '977,18,. ~ _ _ ~ _ .. _ _ _. _. 12483 ;•.- 110,201_ . „s 137752,. , Athletic Field None All F8-Football Goal Posts ~ ~ _ _ Athletic Field None All F9-Soceer Goals _ _ Athletic Field None All F10-Volleyball Courts 13,628 13,628 17,035 Page 2 of 3 Town of VaiU Vail Recreation District Borne Engineering Report- Summary of Cost Sharing- Preliminary Draft Dated October 5, 2007 Total Thru Total W/ 25 Location Town Responsibility VRD Responsi b0ity Description 2007 2008 2009 2010 2011 2012 2012 Cootingeocy Athletic Feld None All F 11-Chain Link Fencing 2,796 2,796 3,495 Athletic Field None All F l2-Wood Split Rail Fence 11,648 11,648 14,560 Athletic Field None All F13-Bleachers _ _ Attllehc Field _ _ _ TBD-Assume split TBD- Assume split F 14-Irrigatiq n System- VRD Responsibi4ity 224 16 16,224 2Q280 yAthlehcPteld TBD-AssutnesptitJ_ _ _ .,, _ , .. TBD-Asswnesplit ; ~ _ _ _ _ ,-..._. •- F14.1gigahon,SY?~e!n. TownResponsi6lity _ ,_ ~ ._ ~ _ , 6,224_ 1 - . . :76.225 1~ 20280"i AthleticFtetd None ~ All - F15-Miscellaneouslmprovements ~ . _ 14,559 . ___ _ -_-_ _ 14.559 Yy 1B 199 Nature Center ;All . - - Nuns „ G~-Wood Stdin and Trim. _ _ _ _ _ . _ . 849 ~- _ 849 5, ,.., 7312 flVature Center ~N t reCenter All All -Norte ' ,. ; • G2-Windmvs ' . +~ : • • a u NatiseCentes "_}^_ _ All _ .. __ _>_ _ Noneµ. ._ _ None _ _ ~ ~ G i-Extenorpoors G4-Stec SI Roofin ~ ` -' M1 _ ~ Nature Center None All GS-Interior 7 242 7 242-_ ~ . ~~ ~9 053 ~ Nature Center Entrance and Town Interior and trail signs G6-Miscellaneous Signage, 5,500 3,786 8,286 10,357 Nature Center _... _ None __ All " G7-Walki and Drivin Paths n8, 8 5,3 2 5 372 6 715 }N~ture Center;v _ All - m - r Npne ~ y + G8 Wood Gpen RaiLFenerng ` ~ - ~' 8;517 8,517 10;656 , Nature Center None All G9-Benches and Tables 3,276 _ 3,276 ~ 4,095 Nature Center None All GI0.Timber Stairways _ _ Nature Center None All Gl1-Teepee 1,000 1,000 1,250 Nature Center ..< .None _.. _. _... All ... ~ (ill-Shade Structure 4 {Gymnasacs y .. Per Lease ... __ -,- -. ... _` ^ . , Per Lease r.:.._ __ . _ . _ _ Hi Hyitdtng-Sttucture ._. ., p . _ _ _:. r-°' _ _ _ Gymnastics Per Lease Per Lease .. . . H2-Stucco --~ " ~ • __ ~ "_ Gymnastics Per Lease Per Lease H3-Cedar Siding 2,052 2,052 2,565 Gymnastics Per Lease Per Lease H4-Windows 1,000 1000 1,250 Gymnastics Per Lease ~ Per Lease HS-Exterior Doors ~ - _ Gymnastics -.---,« Per Lease __ .__y ... _ Per Lease - _. .. _ .. _ H6•Buildmg Cano ies! Sunscreens ... 7,247 7247 9,058 Gymnaspos Per Lease 'Per-Lease ~.. H7.LoivSlopeRoofitig ~ ° - ~ Gytnirasucs ~ e'er Lease Pei 1 ease ~ 'H8-Goncrete Walkway and Stairs ~ , ~ _ 1 583 1;582 t . 1977 . ~Gyrnriasucs Per Lease , Pcr i,ease ~ : : H9-Concrete Draut Pan - ~ 5,606 _ ' 5;600 ~ •~ 7.000 ~i lGynmasttcs _~ ,,;, PeFl.ease t ~- ~ PerLe'ase .. , .~ -.`,H70.1ietartungWalls ' -> Ifi,897 - - _ „_ 16;897 ~.,~23,621 ~. Gymnastics Per Lease Per Lease HLI-Interior Floor Coverings _ _ Gymnastics Per Lease Per Lease ~ H12-Interior Walls and Ceilings 12,592 12,592 15,740 Gymnastics Per Lease Per Lease Hl3-Interior Doors _ _ Gymnastics Per Lease x ' Per Lease __ ._. Hl4-Gynmasrum Lightmq 1 125 I " ~Gyinnashcs ', 'Per Lease ~ _ Per Lease . HlS-Restrooms - ? - - - ' ~ Gymnasbcs C u~ . ~ Per Lease , _,~ ~ . ~. ~' ~_- .Per Lease _ a._._ z .' a Hl6•Dance Studto n. _ ... _ ~,•" ~-~ ~ 17,368 a ~ ~ ~ ~ 17;368 ~~ 21,710 ryn ashcs" _- l _ Per Lease ' "` Per lease _ H17-CubbresandLockers _ 1000 2,250 - ~ 3,250 ~^~~ 4,062 GynutacHcs : Per Lease Per Lease , H]8-Furnace ~ Gymnastics ~ Per Lease ~ Perl,ease _ H19-R@dtam Heat System ` ~ _ - Gymitasttes Per Lease : ' .; Per Lease ., ; - H2O-Miscellaneous Mechanical Improvamerif ';~ >:; 20 000, `'. r ri 20,000 ~~ '..'S OOO j ~Gyinnashcs. ~ ~Per•L.ea~se v , Perl,sase . , _ H21;Elevator .s ~ ~ ~T . ~ Gymnastics Per Lease Per Lease H22-Gymnastic Equipment 12,000 13,498 25,498 31,873 Gymnastics Per Lease ~ Per Lease ~ FI23-Rubber Floor Mats 9,360 9,360 11,700 Equipment None All ^-Turf and Nordic Equipment 205,504 72,999 278,503 348,129 Egwpment None All Jl-Pickup Trucks and Passenger Vehicles 67,100 71,448 24,877 49,831 213,256 266,570 Equipment None All J2-Dump Truck 56,243 56,243 7Q304 Equipment None All J3-Snowmobile 9,944 9,944 12,430 Equipment None All J4-Trailers 1,500' ~ 1,500 1875 Total Per Borne Report 1,350,828 430,077 391,98D 775,483 96,571 266,762 3,311,702 4,139,627 Total VRDCosts 182,039 183,165 312,041 295,689 81, 598 182,784 1,237,315 1,546,644 _ -_ _ ___ ~ __ _ ~__.~_ _ _ _. __ _TotalTowii Costs 1168,789 245 913 ~ ~ 79.939 . 479 794 - _ 14 97A ~ 83.978 2 074987 _ ~' 2 592 983 Difference Page 3 of 3