HomeMy WebLinkAbout2008-02-05 Support Documentation Town Council Work Session F
VAIL TOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
1:15 P.M, TUESDAY, FEBRUARY 5, 2008
NOTE: 1'imes of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (10 min.)
2. Todd Oppenheimer ITEM/TOPIC: Discussion on Recreational Park in LionsHead. (30
min.)
ACTION REQUESTED OF Cf3UNCIL: Listen to the Staff
presentation, ask any pertinent questions, and provide direction to
staff on next steps
BACKGROUND RATIONALE: A neighborhood park for the
Lionshead area has been a consideration in the town for several
years. In the early 1990s a playground facility was removed from
the site beneath the gondola cable, which was owned by Vail
Resorts, due to safety and maintenance concerns.
Recommendations to develop a neighborhood park in the
Lionshead area are included in the Greenplay Parks and
Recreation Master Plan, 2007 and the Lionshead Redevelopment
Master Plan, updated 2007. Funding for the construction of a new
park and playground has been included in the RETT budget for
several years, however, lack of an approved site has prevented
the project from being initiated. There is currently $1,067,000 in
the RETT budget from 2007 and 2008 for this project.
Demographic information provided by the Community
Development Department shows there are currently 859 dwelling
units and 409 accommodation units in the Lionshead
neighborhood. Development projects currently. in progress or
under consideration wilf increase those numbers to 1463 dwelling
units (inc'g EHUs), 287 fractional fee units, and 781
accommodation units.
Currently the three closest park and playground facilities to the
Lionshead neighborhood are Red Sandstone Park, 0.2 miles over
the pedestrian bridge; Pirateship Park, 0.5 miles to the east; and
Donovan Park, 0.6 miles to the west.
STAFF RECOIVINAEidDATION: Staff recommends that the Vail
Town Council choose from the potential sites presented by Staff
and direct Staff to initiate next steps to move fo?ward with parks
p4anning on the selected site. Next steps may include
neighborhood meetings, park design concepts, PEC work
sessions, and other prefiminary site evaluation activities.
3. Greg Hall IYEM/TOPIC: Discussion of the proposed lease betwesn the
Matt Mire Town of Vail and the Vail Recreation District (VRD) on non-golf
Pam Brandmeyer course facilities. (30 min.)
Kathleen Halloran
ACTION REQUESTED OF COUfVCIL: Review the proposed lease
with the Vail Recreation District regarding recreation facilities
owned by the town and managed by the recreation district.
BACKGROUND RATIONALE: The Recreation Task Force
consisting of: URD board members Michelle Hail and Joe Hanlon;
Town Counci{men Mark Gordon and Greg 11Aoffet; 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.
4. Leslie Fordham ITEflfl/TOPIC: Meadow Drive Entry Feature. (20 min.)
ACYION REQUESTED OF COUNCIL: Approve use of funds for
Meadow Drive Entry Feature
BACKGROUND 62ATfONALE: Art in Public Places (AIPP) and
the Public Works department have responded to East Meadow
Dcive businesses and the Commission on Special Event's request
for an entry feature at the west entrance to East Meadow Drive.
TOV project manager, Todd Oppenheimer, praposed two entry
feature concepts to AIPP. Both incorporate traditional metalwork
and motifs: After consulting with. the community, AIPP
recommends an entry feature comprised of two twisted metal
posts with decorative flora and fauna. The feature will be located
in landscape planters near the Sonnenalp and La Bottega and has the ability to hold a banner. AIPP selected Colorado artist,
Christopher Romero to collaborate on the project. Romero is an
accomplished artist who was chosen for his expertise in sculpting
eagies. The overafl project budget is $62,000. Vail Ptaza Hotel
has made a$35,000 contribution to the Town of Vail for an entry
feature as part of their development approval application. The
remaining $27,000 comes from the Streetscape Budget.
ART IN PUBLIC PLACES RECOMAAEMDATI00d: Art in Public
Places voted to approve the entry feature design and selected
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artist Christopher Romero to create bronze decorative elements to
embellish the design. AIPP recommends approval of the project.
5. ITEM/TOPIC: Information Update. (10 min.)
6. ITEM/TOPIC: Matters from Mayor & Council. (10 min.)
7. Matt Mire ITEM/TOPIC: Executive Session, pursuant to 1) C.R.S. §24-6-
402(4)(a)(b)(e)(fl - 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; to discuss personnel matters,
Re: Timber Ridge Development Agreement; Pending and
threatening litigation; Review of Town Council direct reports. (60
min.)
8. iTEM/TOPtC: Adjournment. (4:05 p.m.)
NOTE IJPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAII. TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD,
TUESDAY, FEBRU,ARY 19, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS.
ui5 li,5, 68 af P,tu.P
Lionshead Neighborhood Park Option
Existing:
Red Sandstone Elementary Schaol s~te 1 acre) - Agricultural & Open Space zone district
(approx. 4.3 aeres)
2 Lionshead Neighbarhood Park Option
Existing:
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" 1.4 QCI'CS) - OUtd001' R6CI'6at1011 ZOf12 dlStl'ICt
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~ Soccer Fieid (approx. 6,4 acres)
3 Lionshend Neighborhood Pork Option
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0.3 acres) - Agricultural & Open Spnce zone district
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4 -E xpanded Red Scndstone School Park Option
0.5 ncres) - Outdoor Recreation; and 6eneral Use zone districts
5 - Play Fenture Option
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~ 5,000 sq ft ) - Lionshead Mixed Use 1 zone district
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This map was created by the Toovn oi Vail GIS Team. Use of this map should be for general purposes only. Feec
The Town of Vail does no1 warrant the accuracy of the information coniained herein. o i?s ?so soo ~JwNGf~
(where shown, parcel line work is approzimate) February 5 2008
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PLANNING AND ENVIRONMENTAL COMMISSION
January 28, 2008
l. 1:00 pm
~oFv~ •
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Bill Pierce Anne Gunion
David Viele
Michael Kurz
Scott Proper
Susie Tjossem
Rollie Kjesbo
'VO minutes
1. A request for a final review of variances from Section 12-7H-10, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for a covered parking garage within the side and
rear setbacks, located at 660 West Lionshead Place (Lion Square Lodge North)/Lot 8, Block 1,
Vail Lionshead Filing 3, and setting forth details in regard there to. (PEC070081)
Applicant: Lion Square Lodge North HOA, Montaneros HOA, and Viele Development LLC;
represented by Shelly Mello
Planner: Bill Gibson
ACTION: Approved, with condition(s)
MOTION: Kjesbo SECOND: Kurz VOTE: 5-0-1 (Viele recused)
CONDITIOIVS:
1. This approval is contingent upon the applicant obtaining Town of Vail approval of the
associated design review applications.
Commissioner Viele recused himself from the item due to a conflict of interest.
' Bill Gibson gave a presentation per the staff memorandum.
Shelly Meflo of Viele Construction, representing the applicants, gave a presentation to the
Commission. She explained that this request was not previously requested due to ongoing
litigation. She pointed out that Montaneros was a joint applicant on the proposal.
Commissioner Pierce entered a letter from Montaneros as further evidence of their support.
Kieth Ogg, representing Montenareos, stated that this would result in a better situation.
Commissioner Pierce pointed out that prior to recent changes to the Lionshead Redevelopment
Master Plan that subterranean structures were identified as not counting as site coverage and
thus going to property lines. He asked questions about the grading between the two buildings
and how much of the parking structure would be exposed.
The Commissioners expressed their support for the application.
Page 1
{
5 minutes
2. Report to the Planning and Environmental Commission of an administrative action approving a
request for a minor amendment to SDD No. 39, Crossroads, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for modifications to the approved building
plans for Solaris, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1,
and setting forth details in regard thereto. (PEC070082)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: No Action
Warren Campbell made a presentation per the staff report. He further added that he had spoken
to several of the notified adjacent property owners on the phone and after a conversation they
did not express any concerns with the changes.
There was no public comment. .
Commissioner Pierce asked what the square footage is on the music performing space within
the bowling alley and the floor plate dimensions.
Michael Suman, of Suman Architects, representing the applicant, responded that the space is
about 3,000 square feet, with additional square footage in the space. He added that the ceiling
heights in the space will be between 10.5 and 11 feet.
There were no other questions qr comments from the Commissioners. The Commissioners
confirmed staff's approval by taking no action on the report presented.
45 minutes
3. A request for final review of a proposed major amendment to a Special Development District
(SDD), pursuant to Section .12-9A-10, Amendment Procedures, Vail Town Code, to allow for an
amendment to Special Development District No. 4, Cascade Village, to allow for the
development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone
site)/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto.
(PEC070055)
Applicant: L-O Westhaven, Inc., represented by Pylman & Associates, Inc.
Planner: Scot Hunn
ACTION: Approved, with conditions
IViOTION: Kjesbo SECOND: Tjossem VOTE: 6-0-0
Conditions:
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.
2. That the Developer shall submit a complete set of civil engineered drawings of the
Approved Development Plans, including but not limited to the following required off-si4e
improvements:
a. Design and Construct Westhaven Drive entrance improvements 6ncluding
additional turn lanes and adequate queuing areas, landscaped and irrigated.
medians, (6') sidewalk connections from the proposed skier portal to the
Frontage Road on both sides of Westhaven Drive, a bus turnaround and bus
stop meeting Town of Vail and ECO standards, up to 3 skier drop-off spaces,
Page 2
1
landscaping and adequate snow storage areas as approved by the Public
Works Department.
b. Design and Construct a 10' concrete walk along the South Frontage Road
from the western most point of the Cascade ParkinglConference building to a
point in front of the Liftside Condominiums, approximately 680' in length
(including crosswalk). The walk shall be detached wherever feasible and
separated by aminimum of a 5' landscaped and /irrigated buffer.
Such drawings/plans shall be submitted to the Town of Vail Community
Development Department for review and shall receive approval prior to the
Developer making application for the issuance of a building permit.
3. That the Developer shall address and resolve, to the satisfaction of the Town
Engineer, all "General Conditions of Approval" identified in the memorandum from the
Town Engineer, and addressed to Scot Hunn, dated January 25, 2008. Item number one
listed under "Comments" within the same memorandum from the Town Engineer shall be
struck from the record for purposes of this approval.
4. That the Developer pays in full, the employee housing mitigation fee of $29.M prior
to the issuance of a building permit.
5. That the Developer pays in full, the Traffic Impact Fee of $117,000 (based on the 18 net
pm peak hour trips) prior to the issuance of a building permit. All or a portion of the fee
may be offset by specific capacity improvements including the cost of the design and
construction of the left turn lane on Westhaven Drive.
6. That the Developer prepares a Cornerstone Buildinq 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 work with Town Staff to determine the type and
location of the art to be provided. Said Plan shall include the funding for a minimum of
one (1) public art improvements to be developed in conjunction with the Cornerstone
Building project.
7. That the Developer provides the legally executed and duly recorded Type III deed
restriction with the Eagle County Clerk & 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 Cornerstone Building project.
Scot Hunn made a presentation per the staff memorandum and handed out a revised letter from
the Town Engineer, as well as, revised conditions of approval, noting that copies of both
documents were available for public review and located at the rear of the room.
Commissioner Pierce asked if the revised conditions presented by staff have been reviewed by
the applicant.
Rick Pylman of Pylman and Associates, representing the applicant, stated that he has worked
with Town Staff on the revised conditions and they will be addressed in the presentation. He
continued by making a presentation on the project, discussing the history of SDD No. 4, Area A
and the Cornerstone Site. Furthermore he stated he had spoken with staff about improvements
to Westhaven Drive, and that as a public road, needs more input from the Town. A left turn lane
from Westhaven going westbound onto the frontage road will be added as part of the traffic
Page 3
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mitigation for the project. They had yet to decide about skier drop off on site. Within his
presentation concern was expressed about the employee housing mitigation calculation. He
said the commercial component is only the lift ticket sales, and the office has expanded from 350
to 623 square feet. He didn't realize this would be assessed an employee housing mitigation.
He stated that It seems unreasonable to be required an employee housing mitigation for
expanding this space. . If there isn't a way to waive the fee, he may come back with a smaller
commercial space for Vail Resorts ticket offices.
Sid Schultz, GPSL Architects, representing the applicant, then spoke about changes made since
the last PEC meeting. In order to further mitigate changes in height, the employee housing units
were given larger decks, and roof elements were added to the second floor (deleted from first
floor). French balconies were added at certain openings, and other changes were made to the
building which broke up the masses, as previously suggested by the Commission.
The Commission then took a moment to inspect the model provided by the applicant. There
were several questions asked and explanations provided by the applicant when reviewing the
model closely.
Commissioner Pierce asked if the volume of the circular vehicle ramp on the west side could be
reduced with different roof forms.
Mr. Schultz answered that the slope of the ramp could be changed to accommodate roof
changes.
Commissioner Tjossem asked whether skier traffic would increase based on increased amenities
being proposed at the skier portal.
Mr. Pylman stated that traffic may increase and he is working with staff on this.
Tom Kassmel, Town Engineer, stated that Ever Vail will have significant skier drop off designed
into that project. Since the Cornerstone site is a portal, there is a tendency for people to drop off
here. He wants to design the Westhaven Drive improvements to accommodate limited skier
drop off at the Cornerstone site, to alleviate drop off in other portals.
Mr. Pylman discussed how the proposed bus drop off may change in order to provide additional
space for bus stop, skier drop off and pedestrian uses.
Commissioner Pierce asked if providing a pedestrian path along the south Frontage Road is
preferred by the Town (due to safety concerns).
Mr. Kassmel stated that the Town's plans call for trails and trail connections to be installed on
both sides of the Frontage Road to provide increased circulation and grade separated walkways
for existing and future users. He continued, stating that there is a section of the trail missing
from Donovan Park to the Glen Lyon Office Building, so this connection (from Westhaven Drive
to the west) is important. The Town intends to continue the project to connect Cascade Village
trails to Donovan Park. The Town will fill in the gaps in a seamless manner to allow for all the
trails to be built at once.
Mr. Pylman, in response to Tom Kassmel's memo dated January 25, 2008, stated that the
Cornerstone site was never intended to alleviate or augment parking for conference events held
within the Cascade Club site. He continued, stating that loading and delivery exists on the
adjacent "Plaza" site. He further stated that the plans for the Comerstone site include
improvements (heated pavement) to the existing loading area at the Plaza site and that the
Page 4
loading space will be shared as both buildings (Plaza and Cornerstone) are under hotel
ownership. He said they' agree with the "General Conditions of Approval" from Public Works
Department. -
Mr. Kassmel clarified that additional (convention) parking may not be approPriate on the
Cornerstone site, and that there needs to be agreement by the Commission that parking issues
attributable to the cumulative use of the entire Area A should not be made part of the
Cornerstone review and approval.
Commissioner Pierce asked if the area dedicated for the spiral parking ramp could be used as a
loading dock.
Mr. Schultz answered that this could be done with structural re-enforcement, but when looking at
alternatives, having trucks pull in and back out into traffic on Westhaven Drive was not ideal for
traffic flow.
There were no comments from the general public.
Commissioner Kurz stated that he would support some relief from the commercial housing
mitigation requirements. He is concerned about setting a(height) precedent prior to any review
of Ever Vail. He stated, however, that the impact of the mass has been mitigated, but he is still
concerned.
Commissioner Tjossem stated that she believes the applicant is underestimating the number of
people who will use the improved portal. When designing any skier drop off, the applicant
should plan-in some parking spaces for drop off. She stated that the height is fine and that the
addition of 6,400 sq. ft. to the overall (allowable) GRFA for Area A is appropriate, but disagrees
that the increase should be granted because GRFA has been used up by other developments
within Area A.
Commissioner Viele said that it is a needed improvement to the district. He conclude by stating
that he had a problem with the original height configuration, but this latest rendition is much
better. .
Commissioner Proper said he is pleased with the project. He questioned any requirement for
public art. He stated precedents are not set via changes to the SDD, because SDD are
reviewed on their individual merit. He stated that there should be no waiver of the commercial
linkage mitigation requirement for the expanded ticket office.
Commissioner Kjesbo stated that on site employee housing is very positive. He stated that there
may be a need for more skier drop off because of the elevator. He added that the commercial
mitigation fee should be required because it is an increase in impact. He added that he supports
the development plan as a great improvement to an unsightly area within Cascade Village.
Commissioner Pierce said that he is concerned about height. He said changes to the building
(increased balcony depth at EHUs) on the south side are positive, and Qther solutions such as a
shallow gable roof element over the north elevation entrance to reduce apparent height are not
as good. To clarify, he said the roof added on the south side of the building above EHUs is not
really changing the apparent height. He stated that such roof elements should be higher up on
the building, to be more visible from the pedestrian level. He also stated that the employee
housing requirements should apply universally. He likes the efforts made towards skier drop-off
and turnaround. He does not agree with Tom Kassmel that a sidewalk connection is needed on
the Frontage Road.
Page 5 ,
1
5 minutes
4. A request for a work session to review an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope,
located at 1326 Spraddle Creek Road/Lof 14, Spraddle Creek Estates, and setting forth details in
regard thereto. (PEC070069)
Applicant: Ron Oehl, represented by Berglund Architects
Planner: Nicole Peterson
ACTION: Table to February 11, 2008
MOTION: Viele SECOND: Pu-oper VOTE: 6-0-0
5 oninutes
5. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23,
Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards
and criteria related to mitigating employee housing requirements, and setting forth details in
regard thereto. (PEC070075)
Applicant: Town of Vail
Staff/Planner: Nina Timm and Bill Gibson
ACTION: Table to Februarq 11, 2008
MOTION: Viele SECOND: Proper VOTE: 6-0-0
5 minutes
6. A request for a final recommendation to the Vail Town Council, to allow for Special Business
Promotion Permits, and setting forth details in regard thereto. (PEC070073)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to February 11, 2008
MOTION: Viele SECOND: Proper VOTE: 6-0-0
7. Approval of January 14, 2008 minutes
MOTION: Kurz SECOND: Kjesbo VOTE: 5-0-1 (Proper recused)
8. Information Update
9. Adjournment
MOTION: Kjesbo 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 January 25, 2008, in the Vail Daily.
Page 6
There was no Design Review Board hearing held since the
last meeting of the Town Council on January 22, 2008.
MEMORANDOM
To: Town Council
From: Art in Public Places
Date: 31 January, 2008
Subject: Art in Pubiic Places, Public Art Event 2008
Art in Public Places Program Summary
The Town of Vail Art in Public Places program was established in 1989 to create
a public art program unique to Vail. The Town Council adopted the Art in Public
Places Strategic Plan in 2001. The Strategic Plan advocates for a site.integrated
public art program. Since then, there has been an art component in all major
Town of Vail projects including Streetscape, Pirate Ship Park Playground,
Bighorn Park Playground, Donovan Park Playground and Donovan Pavilion.
Background
Community members attending public meetings to review streetscape design
concepts requested a decorative feature, such as an arch, to mark the west
entrance to Vail Village. It was noted that visitors are often confused about
where Vail Village begins. East Meadow Drive was sometimes perceived as a
. separate commercial district of secondary importance to Vail Village. The goal
for a highly visible landmark feature is to visually define the boundaries of the
commercial district and help facilitate the integration of East Meadow Drive into
Vail Village.
Town of Vail Project Manger, Todd Oppenheimer submitted two design
proposals to AIPP based on a study of traditional Bavarian architectural elements
and decorative motifs. AIPP asked Oppenheimer to refine the idea for two
identical ornamental steel posts that could hold a banner. AIPP also indicated
that the project should incorporate a public art component and an artist should
work as part of the design team. The Board selected artist Christopher Romero,
an accomplished public artist, to design and execute the decorative eagle heads
shown in the original design and to advise on the size and scale of the individual
metal pieces.
AIPP and the Public Works Department showed the entry feature design to the
Meadow Drive Business Association Board, property owners and individual
business owners. Some expressed the view that the entry feature should be an
arch. Todd Oppenheimer and the AIPP Board believe that an arch, high enough
to allow for passage of buses and emergency vehicles would be out of proportion
with surrounding space. However, in general the design direction is favored by
the community, the Commission on Special Events and Art in Public Places.
. 1
Description of Request AIPP is asking the Town Council to approve the design and budget for the
project. The overall budget for the project is $62,000. A condition of Vail Plaza
Hotel's development approval is a$35,000 contribution towards an entry feature
with a public art component. The remaining $27,000 comes from the Streetscape
budget.
Documentation
Town of Vail Art in Public Places Strategic Plan
Vail Plaza Hotel Developer Improvement Agreement
East Meadow Drive Arf in Public P/aces: The Deve/oper agrees to contribute a one-time
payment of $35, 000 to the East Meadow Drive Art in Public Places Archway Project or. another approved
project. Should the Town fail to commence with the design and constructron of the project within one year of
the date of a Temporary Certificate of Occupancy for the Vail Plaza Hote/, the one time payment of $35,000
shall be refunded to the Developer.
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East Meadow Drive Entry Feature
Designer:Todd Oppenheimer
Artist: Christopher Romero
November 2, 2007
. Centeral Denver Iron Works 39,500
( includes metalwork,engineering, delivery and installation)
Bronze Scuiptures 11,800
Artist/Fabricator Coordination 450
Masonry 5,250
Contingency 5,000
TOTAL $62,000
1
Christopher L. Romero
, 2071 E. 97`h Ave. Thornton, CO 80229
studio (303) 920-5003 cell (303) 905-7232
email christopher@clrmetalart.com
www.clrmetalart.com
Sculpting History :
. Sixteen years experience working in bronze sculpture.
• Creation of sculpture pieces ranging from smaller table top size, at ten to twelve inch, to life size
raptors up to six and one half feet for outdoor display.
• Working, mainly in the wildlife category but now expanding into the f gurative sculpture field.
Commissions •
• " The Messenger" Life size American Bald Eagle
Commissioned by The City of Westminster, Colorado in 2001.
Galleries and Shows :
• Work has been displayed in, Avalon Art Gallery Las Vegas, Nevada,
• The Chicano Humanities and Arts Council Gallery, Denver;
• Colorado, Art and Soul Gallery Westminster, Colorado,
• The "Sculpture On the Blue" art show Breckenridge, Colorado.
• Lakewood Artfest 2007
Published The Guide" sculpture selected for the March / April 2007 issue Wildlife Art Magazine
In the " What's New"section pg. 81
Awards •
• Awarded " Peoples Chaice Award" for " The Messenger" sculpture, at the "
• Sculpture On the Blue " art show 2004.
Donations:
Donation to Red Rocks Cornmunity College February 2006
"The First Peace Officer"
Donation to the Good Samaritan Foundation August 2007
" Massaro's Eagle"
Clients :
• The Ciry of Westminster, Colorado
. The City of Thornton, Colorado
• Private collectors list upon request
City of
°~Vt=
Thorntom
Cammur,iiy Serviczs Cepa :men! (3031 255-7831
Arts ar,d Cui!u,e Livision (303) 255-7846
95i5Q Civic i;enter Driva FA;C 003 1255-7710
Thorntcii. Colerado 30229
September 21, 2007
To whom it may.concern:
On behaff of the City of Thomton; Colorado, it is my genuine pleasure to provide
a letter of recommendation for Mr. Christopher Romero. I have had the
opportunity to work wifh Mr. Romeco from the contractuaf end of things as well as
in the artistic arena.
From the business end, I found Christopher to be extremely responsible and
responsive to the City's needs and time requirements. He completed his
cantracfual obligations on time and in accordance with the agreed budget. In
addition, Christopher was open and informative during fhe process. The technicaf
design and structural integrity of his,.work was completed in a quality and
workmanlike fashion.
From tfie artistic end, Christopher's efforts in creating a life size sculpture of an
American Bafd Eag(e titied "The Messenger" resutfed in the acquisition of one of
the finest pieces of public art in Thornton's cofl.ection. We have received repeated
positive comments r.egarding his work: I have also been privileged to experience
additional art worK: by Christopher and I considerevAr,rthing .l've seen to be of the
highest caliber. , , •
{ can honestly state that Christopher Romero's talent and integrity made him a
pleasure to work with. It is a pleasure I IooR forward to again at some future point
in the City bf Thorntoh.
S_incerely, ,
. .
B.uz Hedglin. . ;
Arts and Cultural Manager
Page 1 of 1
Leslie Fordham - Meadow Drive Entry Feature
From: Meadow Drive Business Partnersliip
To: ,"daniel.goldstein@efirstbank.com" , Adam Greenier, Bill Rey, Jon
Boord , Bob Boselli , Luca Bruno , Patrick Cassidy , Christina, Craig
Cohen , Dari Barry , Dan Telleen , Eva , Giusseppi , Steve Hawkins ,
Alexandra Henderson , Hutch , Karen Jacobson , Jess , Joni Taylor , Joni
Taylor , Dustin Kelly , Larry , Laura Warren , Kelly Liken , Lourdes
Ferzacca , Manager, Manager, Manager , Nancy, Osaki's , Susan
Rapson , Rayla Kundolf , Robby , Robert , Jonathan Staufer , Marty
Stewart, Paul Treacy ,"bbank@vailinfo.org" , 3ohn Vickers , Steve
Viron , C Ziegler, Johannes Faessler , Peter Knobel , Bob McNichol ,
Joe Staufer „"hibberdf@cs.com" , Jenn Bruno, Tom Krabacher , Marc
LeVarn
Date: 1/31/2008 11:17 AM
Subject: Meadow Drive Entry Feature
Attachments:
Hello All, The AIPP (Art in Public Places) board has decided on a design for the entry feature to
Meadow Drive and is taking it to the Town Council for approval on February Sth
(Tuesday) evening. The design features two single posts as shown in the attached
proposal and will.be situated between La Bottega and the Sonnenalp. Leslie Fordham,
the Town of Vail AIPP liason, asked me to make sure all the members of Meadow Drive
are aware of the design and also wanted to let you know that comments are welcome and
. can be sent to: towncouncilgvailgov.com . Leslie can also be reached at her office at
479-2344 . Please look at the attached rendering. If anyone has problems opening the
attachment let me know and I can print them a hard. copy to look at.
Marc LeVarn
President, Meadow Drive Partnership
Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.
file://CADocuments and Settings\LFickling\Local Settings\Temp\XPgrpwise\47AlAE4BV... 1/31/2008
,r
_ MEMORANDUM
To: Vail Town Council
From: Greg Hall, Pam Brandmeyer, Matt Mire and Kathleen Halloran
Date: January 31, 2008
Subject: Vail Recreation District Lease
The following infonnation is presented for your discussion on Tuesday afternoon
regarding the proposed lease renewal with the Vail Recreation District (VRD) on all
facilities except the golf course/clubhouse and gymnastics center.
The 1993 lease agreement with VRD contained conflicting definitions of responsibility
for recreational assets. In addition, an engineering study needed to be perfornled to
estimate capital needs. For these reasons, the town did not include VRD assets in long-
tenn capital planning for several years prior to 2006/2007 budgets. In 2006, Borne
Engineering began assessing the recreational assets. In anticipation of the findings, the
2007 5-year Real Estate Transfer Tax Fund (RETT) projection included a total of $2.8
inillion for iniprovements to VRD-managed assets. The 2008 budget was updated to
include the final results of the Borne Engineering report, with the 5-year projection
totaling $3.1 million for assets other than the golf course / clubhouse.
The proposed lease provides a more concise definition of responsibilities between the
town and VRD, including capital repair, replacement and defen•ed maintenance. Based
on results of tfie Borne report and agreed-upon capital needs, the VRD will contribute
approximately $940,000 to capital repair/replacement over the next five years. TOV will
contribute approximately $2.5 million ($3.1 million projected) for that same timeframe
subject to annual appropriation. (Please refer to Exhibit A for details on capital projects).
Prior deferred maintenance of town-owned capital assets is the reason for significant
investment by the town within the next five years, with the VRD contributing a larger
percentage in later years for upkeep and maintenance. This capital plan will undergo an
annual review by the recreation subcommittee, with a subsequent recommendation to
both TOV and VRD boards. Over the next 20 years, Borne Engineering has identified
capita] repair/replacement/deferred maintenance totaling $6.6 million. Of this, the town
would be responsible for $3.4M (ar 51 and the VRD $3.2M (or 49%).
The ternl of the proposed lease is 50 years. The prior lease was extended to the year
2015 during 1993 and is being renewed early to clarify TOV and VRD responsibilities.
Greenplay consultants, who provided a recreational master plan as a result of a year-long
joint process between TOV and VRD, recommended a minimum of 30 years because it
allows for bonding capabilities and GOCO grant funding. The subcommittee then
extended the tenn to 50 years with the intention of recognizing a long-tenn relationship.
This lease does not include the golf course/clubhouse or gymnastics center. The
gymnastics center is covered under a separate lease (TOV, VRD and the school district),
expiring March, 2015. Borne Engineering provided estimates for additions to the
g}nnnastics center in their report, and we have included that information in Exhibit A as
well. For maintenance of current gymnastics assets, the VRD funds $6,000 per year into
1
< •
/ a capital replacement account managed by the town. The current balance is $18,000 as of
12/31 /07.
The subcommittee is currently working on the golf course/clubhouse lease. Although
responsibilities have not been sorted out as yet, we have included Borne Engineering's
estimates of capital repair/replacement/deferred maintenance for informational purposes.
The town's current budget does not include any expense for either the golf course or
clubhouse; however, it does contain a revenue item of $126.7K for the annual lease
payment from VRD.
The following chart outlines significant differences between the old and proposed leases:
Old Lease Proposed Lease Financial
Implications
Facilities Ford Park & Tennis Center, Same facilities are None
covered by the Nature Center, Dobson covered
lease Arena, and the Athletic
Field
General Conflicting definitions of More precise A total of $2.5M
Responsibilities who was responsible for detinitions, with the over the next 5
maintenance and overarching premise that years for the
replacement of assets VRD is responsible for TOV; $3.4M over
"wear and tear" and the the next 20 years
town responsible for assets per a replacement VRD: $940K over
schedule for identitied 5 years; $32M
items over 20 years
Dobson Arena: Old lease is unclear as to The town is responsible $ 100,000 over a 5-
Boilers the responsible party year period
(included in the
$3.1M)
Dobson Arena: Old lease is unclear as to The town is responsible Not needed in 5-
Window & Door the responsible party for the entire "systein year budget at this
Replacement replacement" time
Dobson Arena: Old lease is unclear as to The town is responsible $20,000 over a 5-
Indoor Lighting the responsible party for the entire "system year period
replacement"; VRD (included in the
responsible for upgrades $3.1 M)
and bulb maintenance.
All other There are no signiticant
facilities differences or implications
trom the other facilities
2
VRD / TOV
Summary of Capital Maintenance and Replacement Costs '
Legend:
Town of Vail
Vail Recreation District
To be determined
Additional
25% Total With 20-Year
2007 2008 2009 2010 2011 2012 Total Thru 2012 Contingency Contingency Total
Ford Park 8 Tennis Center 57,250 8,944 92,789 468,814 7,604 8,112 643,513 160,878 804,392 934,875
Ford Park & Tennis Center 45,802 43,183 17,089 10,124 13,980 34,477 164,655 41,164 205,819 659,481
Total Costs 103,052 52,127 109,878 478,938 21,584 42,589 808,168 202,042 1,010,210
Youth SvCS 3,500 - - 131,986 - - 135,486 33,872 169,358 135,486
Youth Svcs 25,544 7,800 4,802 114,174 - 12,167 164,487 41,122 205,608 252,919
Total Costs 29,044 7,800 4,802 246,160 - 12,167 299,973 74,993 374,966
Dobson 52,397 21,112 868,794 31,159 5,732 51,582 1,030,776 257,694 1,288,470 1,702,276
Dobson 6,300 48,000 1,514 64,963 56,036 64,844 241,656 60,414 302,071 1,333,606
Total Costs 58,697 69,112 870,308 96,121 61,768 116,427 1,272,433 318,108 1,590,541
Athletic Field 1,100 97,718 16,224 2,475 - 12,483 130,000 32,500 162,500 374,437
Athletic Field 16,293 26,207 29,852 - - - 72,353 18,088 90,441 323,761
Total Costs 17,393 123,926 46,076 2,475 - 12,483 202,353 50,588 252,941
Nature Center - - - 5,849 - 8,517 14,366 3,591 17,957 105,520
Nature Center 5,500 - 20,618 - 3,276 - 29,394 7,348 36,742 116,800
Total Costs 5,500 - 20,618 5,849 3,276 8,517 43,759 10,940 54,699
Gymnastics - - 24,497 20,000 - 1,582 46,079 11,520 57,598 101,635
Gymnastics 14,000 26,728 9,298 29,465 - - 79,491 19,873 99,364 513,863
Total Costs 14,000 26,728 33,795 49,465 - 1,582 125,570 31,392 156,962
Total Town of Vail 114,247 127,774 1,002,304 660,283 13,336 82,275 2,000,220 500,055 2,500,275 73% 3,354,229 51%
Total Vail Recreation District 113,439 151,919 83,174 218,725 73,291 111,488 752,035 188,009 940,044 27% 3,200,429 49%
Total Costs 227,686 279,693 1,085,478 879,008 86,627 193,763 2,752,255 688,064 3,440,319 6,554,658
Golf Course / Clubhouse 1,016,834 176,083 3,538,612 111,660 125,052 63,005 5,031,245 1,257,811.24 6,289,056.20 8,855,802
Exhibit A 3
VRD/TOV
SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS
Legend:
Town of Vail
Vail Recreation District
To be determined 6-Yr
Facilit Town Responsibility VRD Responsibilit Description 2007 2008 2009 2010 2011 2012 Total
Tennis/Ford Park All None Al-Clubhouse Grading and Drainage 3,510 3,510
Tennis/Ford Park Repair Major Structual Issues Repair Slair Treads A2-Qubhouse - Structure- VRD Responsibilitv 1,000 1,000
Tennis/Ford Park Repair Major Strudual Issues Repair Stair Treads A2-Clubhouse - Structure- Town Responsibillty 2,080 2,080
Tennis/Ford Park All None A3-Wood Siding &Trim 550 3,569 4.119
Tennis/Ford Park Ail None A4-Stone Veneer
Tennis/Ford Park All None AS-Windows
Tennis/Ford Park All None A6-E#erior poors
Tennis/Ford Park All None A7-Clubhouse Rooflnq 7,500 7,500
Tennis/Ford Park None All Painiting and Patching AB-Clubhouse Walls and Ceiiings 8.112 8'112
Tennis/Ford Park None All normal wear and tear A9-Clubhouse Floorinq 16,465 16,465
TennislFord Park Routine Replacements Any enhancements to taciliGes A10-Clubhouse Locker Rooms 33,746 33,746
Tennis/Ford Park None All repairs and replacements All-Kitchenette 8,977 8'977
Tennis/Ford Park All major repairs and replacements Routine maintenance A12-Mechanical Systems 1,200 3,375 4,575
Tennis/Ford Park All None A13-Outbuildinq - Strudure 6,864 258,719 265,583
Tennis/Ford Park AIl None A14-CMU Block Veneer 4,056 4,056
Tennis/Ford Park All None A15-Low Slope Roofinq 22,255 22,255
Tennis/Ford Park All None A16-Outbuilding Restrooms 8,176 8,176
Tennis/Ford Park Overlays Routine crack fill A17-Asphait WalkwaVS- VRD ResponsibilitV 4,050 4,927 8.977
Tennis/Ford Park Overlays Routine crack fill A17-ASphalt WalkwaYS- Town ResponsibilitY 37,964 37,964
Tennis/Ford Park All Replacements Minor crack fills A18-Concrete Walkways 5,365 5,365
Tennis/Ford Park Town None A19-Brick Pavers 2,704 2,704
Tennis/Ford Park Town None A20-MSE Retaininq Walls
Tennis/Ford Park Replace Paint & Maintain A21-Metal Hand Railings 2,875 2,875
Tennis/Ford Park Directional and Informational Intemal Facility Signage A22-Siqnaqe 4,095 4,095
Tennis/FordPark All None A23-LlghtingUnits 8,112 $'112
Tennis/Ford Park None All A24-Ball Field Gradinq and D2inaqe 8,000 2,600 2,704 2,812 2,925 9,733 28,774
Tennis/Ford Park None All A25-Ball Field Chain Link Fence 5,206 5,206
Tennis/Ford Park None All A26-Bleachers 23,111 23,111
Tennis/Ford Park None All A27-Ball Field Accessories
Tennis/Ford Park Replacement TBD Per GC Lease Timeclocks- Repalcement TBD q28-Irtiqation SVStem 4,160 4,160
Tennis/Ford Park None All A29-Tennis Courts- Resurfacing 5,000 5,200 5,408 7,312 5,849 6,083 34,852
Tennis/Ford Park All None A30-Tennis Court Retaininq Walls 46,200 138,600 184,800
Tennis/Ford Park Replacement of Poles Chain Link Repairs & Wind Screen A31-Tennis Court Fencing- VRD PoRion 11,287 13,733 25,020
Tennis/Ford Park Replacement of Poles Chain Link Repairs & Wind Screen F31-Tennis Court Feticing- Town Portion 10,500 31,500 42,000
e
Youth Svcs All None Bl-Strudure 3,500 3,500
Youth Svcs None All 132-Walls and Ceilings 5,544 5,544
Youth Svcs None All B3-Floonnq 20,000 4,802 24,802
Youth Svcs None AII 134-1(itchen 12,167 12,167
Youth Svcs None All BS-Televisions
Youth Svcs None AII 136-Adivity Accessories 1,040 1,040
Youth Svcs Replacements Routing Maintenance B7-Fumaces 19,500 19,500
Youth Svcs ADA- Split 50 %/50 % ADA- Split 50 h150 % 68-Elevator SYStem- VRD Portion 112,486 112,486
Youth Svcs ADA- Split 50%/50°,G ADA- Split 50°6150% 88-Elevatw System- Town Patbn 112,486 112,486
Youth Svcs None All 69-Red Sandstone Elementarv Gvm 6,760 1,687 8,447
I -
Exhibit A 4
VRD/TOV
SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS
Legend: •
Town of Vail ~i
Vail Recreation District
To be determined 5•Yr .
Facilit Town Responsibility VRD Responsibility Deseription 2007 2008 2009 2010 2011 2012 Total
Dobson All None Cl-Grading and D2inage
Dobson All None C2-Substrudure 2,000 15,600 17,600
Dobson Ail None C3-Supentrudure Dobson All None C4-Exterior Transformer Foundation 2,060 2,080
Dobson All None CS-Concrete Tilt-Up Walls 3,245 3,245
Dobson All None C6-WOOd Trim and Exposed Glulam Beams 7,097 5,350 12,446
Dobson All None C7-MetalSiding
Dobson Exterior calking and replacement Interior Calking CS-Windows 1,190 1,338 2,528
Dobson EMerior calking and replacement Interior Calking & Minor Repairs C9-Exterior poors 1,730 1,730
Dobson All None C10-Steep Slope Roofinq 755,506 755,506
Dobson All None Cll-LOw Slope Roofing ,
Dobson All None C12-Exhaust Stacks 9,200 3,159 12,359
Dobson All None C13-Concerete Walkways 1,825 1,825
Dobson All None C14-Bnck Pavers 1,338 1,338 i
Dobson All None C15-Rak Walls 1,237 1,237
Dobson All None C16-Exterior Liqhtinq 1,237 1,237
Dobson Replacement Painting CI7-Stee) Gate 1,144 1,338 2,482
Dobson None All C18-Interior Walls and Ceilinqs 22,834 27,537 50,371
Dobson None All C19-Interior Floonng 1.514 1,574 1,637 1.703 6.428
Dobson Replacements Bulbs and lighting upgrades C20-Interior Liqhtinq- VRD Portion 3,432 3,432
Dobson Replacements Bulbs and lighting upgrades C20-Interior Liqhtinq- Town Portion 18,858 18,858
Dobson All Renovations Additional costs of upgrades C21-Changing Rooms 20,196 20,196
Dobson All Renovations Additional costs of upgrades C22-Restrooms 24,972 24'972
Dobson None All C23-Metal Lockers !
Dobson None All C24-Concessions 2,912 2'912
Dobson None All C25-Ice Rink 1,144 8,212 9,356
Dobson Replacement Upgrades and sanding and staining C26-Bleacher Seatinq 3,118 3'118
Dobson Replacement Painting C27-Hand Railings 4,054 3,407 7,461
Dobson Replacement Painting C28-Interior poors 1.144 1,287 2,431
Dobson All None C29-Sky Light Louver System 32,984 32.984 i
Dobson None All C30-Sound System 15,816 15,816
Dobson None All C31-Scoreboards
'
Dobson None All C32-Giass Storaqe Cart
Dobson Replacement Routine maintenance C33-Boilers
Dobson All None C34-HOt Water Storaqe Tanks. 10,000 10,000
Dobson All except rink system Rink system- If any C35-Heat PumDs
Dobson Replacement Routine maintenance C36-Domestic Stora9e Tank -
Dobson Replacement Routine maintenance C37-Boiler/DOmestic Circulation SYStem 20,800 1,237 22,037
Dobson Replacement Routinemaintenance C38-AirCompres.sor 1,100 1,100
Dobson Replacement Routine maintenance C39-Chemical Feed SYStem 1~144 1'144
Dobson None All C40-Rink Chiller System 7,457 7,487
Dobson All except rink system Rink system- If any C41-CopDer Pipinq 2,200 2,288 2,380 2,475 2,574 2,677 14,593
Dobson Replacement Routine maintenance C42-Central Air Handling Units 71,760 71,760
Dobson Replacement Routine maintenance C43-Overfiead Radiant Heating -
Dobson All None C44-Electrical Switchqears Dobson None All C45-FOriciift 20,248 20,248 Dobson None All C46-Zamboni
Dobson None All C47-Man lift 21,057 21,057
Dobson None All C48-Washer and Dryer 2,925 2,925
Dobson None All C49-Event Stage 9,880 9,880
Dobson None All C50-Event Chairs 42,560 42,560
Dobson None All C51-Arena Dedc Event Flooring '
Dobson None All C52-Staqe Drapes and Curtains 2,500 2,500
Dobson None All C53-Crowd Control Dividers 1,456 1,456 '
Dobson None All C54-Electric Spider Boxes and Cords 21,642 21,642
Dobson None All C55-Ice Skates 3,800 4.274 8,074
I
I
Exhibit A 5
VRD/TOV SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS Legend: ~
Town of Vail
Vail Recreation Distnct
To be determined b•Yr
Facility Town Responsibility VRD Responsibility Description 2007 2008 2009 2010 2011 2012 Total
Golf Course TBD TBD D1-Clubhouse - Strudure 17,305 17.305
Golf Course TBD TBD D2-Clubhouse - Grease Traps 10,400 10.400
Golf Course TBD TBD D3-Clubhouse - Sand/Oil Interceptor 7,000 7,000 Golf Course TBD TBD D4-Stucco 31,958 31,958
Golf Course TBD TBD DS-Wood Trim 3.707 3,707
Golf Course TBD TBD 136-Windows 3,300 3,300
Golf Course TBD TBD D7-ExRerior poors 27.700 27.700
Golf Course TBD TBD D8-LOw Slope Roofing 394,000 394,000
Golf Course TBD TBD D9-Golf Cart Storaqe Walls and Ceilinqs 9,350 9,350
Golf Course TBD TBD D10-Golf Cart Storaqe Floor 5262 5,262
Golf Course TBD TBD Dll-Clubhouse Intenor Walls and Ceilinqs 10,023 10,023
Golf Course TBD TBD D12-qubhouse Flooring 1,456 39,995 41,451 Golf Course TBD TBD D14-Clubhouse Intenor Furnishinqs
Golf Course TBD TBD D15-Clubhouse Kitchen 7.136 7.136
Golf Course TBD TBD D16-Clubhouse Locker Rooms
Golf Course TBD TBD D17-Clubhouse - Extinqushers 5,000 5,000
Golf Course TBD TBD D18-Ciubhouse - Plumbinq 20,000 20.000
Golf Course TBD TBD D19-Clubhouse Exterior Furniture 5,287 5,287
Golf Course TBD TBD D20-Clubhouse Boiler Svstem 30,160 30,160
Golf Course TBD TBD D21-Clubhouse Domestic Hot Water Heater 8,200 8,200
Golf Course TBD TBD D22-Clubhouse Heat Pumps 14,000 14,000
Golf Course TBD TBD D23-Clubhouse Circulation Pumps 6,448 6.448
Golf Course TBD TBD D24-RooftoD HVAC Units 89,000 89,000
Golf Course TBD TBD D25-Rooftop Exhaust Hoods 5,000 5,000
Golf Course TBD TBD D26-Lift Station Pumps 7.312 7.312
Golf Course TBD TBD D28-Starter Shack Buildinq Envelope 5.600 6.813 12.413
Golf Course TBD TBD D29-Starter Shack Interior I
Golf Course TBD TBD D30-Yurt
Golf Course TBD TBD D31-Golf Course Weather Shelters 46,800 46,800
Golf Course TBD TBD D32-llth Hole Pump House Building Envel 1,199 1,125 2,324
Golf Course TBD TBD D33-lith Hole Pump House Mechanicat 22,000 22,000
Golf Course TBD TBD D34-13th Hole Restroom - SWCture 14.560 14,560
Golf Course TBD TBD D35-13th Hole Restroom Buildinq Emelope 18,500 1•217 19,717
Golf Course TBD TBD D36-13th Hole Restrooms 9.733 9,733
Golf Course TBD TBD D37-ASphalt Parkinq Areas 243,360 243.360
Golf Course TBD TBD D38-Concrete Parking Blocks 1,040 1,040
Golf Course TBD TBD D39-Parkinq Liqhtinq 7,019 7,019
Golf Course TBD TBD D40-ASphalt Cart Paths 106,877 14,597 34,664 28,122 184,260
Golf Course TBD TBD D41-Concrete Walkways, Stairs and Patios 4,597 8,650 13,247
Golf Course TBD TBD D42-Concrete Drain Pans 13,496 1299 14,795
Golf Course TBD TBD D43-Clubhouse Retaininq Walls 5,198 5,198 '
Golf Course TBD TBD D44-lst Tee Box Retaining Wall
Golf Course TBD TBD D45-2nd Green/3rd Tee Box Retaininq Wall 24.998 24,998 .
Golf Course TBD TBD D46-5th Hoie Retaining Wall 24,999 24,999
Golf Course TBD TBD D47-7th Tee Box Retaininq Wall 27,496 23,400 50,896
Golf Course TBD TBD D49-lst Hole Brid9e 5.475 5.475
Golf Course TBD TBD D50-lst Hole Timber Path 52,643 52,643
Golf Course TBD TBD D51-2nd Hole Bridge 5,720 5,720
Golf Course TBD TBD D52-1 lth Hole Timber Bridqe 2.704 33,746 36.449
Golf Course TBD TBD D53-llth Hole Pedistnan Bndqes 3.000 3,000
Golf Course TBD TBD D54-14th Hole Bndqe 28,999 28,999
Golf Course TBD TBD D55-15th Hole Bndge 18,250 18,250
Golf Course TBD TBD D56-17th Hole Bridqe 15.500 28,122 43,622
Golf Course TBD TBD D57-Golf Course Pond System 594,880 594,880
Golf Course TBD TBD D58-Weather Stations
Golf Course TBD TBD D59-Safety Nets 21.999 21,999
Golf Course TBD TBD D60-Clubhouse Siqnaqe 3,937 3,937
Golf Course TBD TBD D61-Tee Box Monuments -
Golf Course TBD TBD D63-Irriqation SYStem 2,595.840 2.595,840
Golf Course TBD TBD D64-Split Rail Fencing 2271 2,271
Golf Maint Bldg TBD TBD E1-Maintenance Buildinq - Strudure
Golf Maint Bldg TBD TBD E2-Stucco 8878 8'878
Exhibit A 6
VRD/TOV SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS '
Legend: •
Town of Vail
Vail Recreation District
T. be determined
b-Yr
Facility Town Responsibility VRD Responsibility Description 2007 2008 2009 2010 2011 2012 Total
Golf Maint Bldg TBD TBD E3-Wood Tnm and Soffits 3,890 4,382 1,330 9,602
Golf Maint Bldg TBD TBD E4-Windows 1.100 1.100
Golf Maint Bldg TBD TBD E6-Ga2qe Doors
Golf Maint Bldg TBD TBD E7-Steep Slope Roofing 30.100 30,100
Golf Maint Bldg TBD TBD E8-Maintenance Buildinq Interior 2.772 6,439 9,210
Golf Maint Bldg TBD TBD E9-Lockers -
Golf Maint Bldg TBD TBD E11-BOiler
Golf Maint Bldg TBD TBD E12-Hot Water Storage Tank -
Golf Maint Bldg TBD TBD E13-DOmestic Hot Water Heater 1.582 1,582
Golf Maint Bidg TBD TBD E14-Gas Fired Heater -
Golf Maint Bldg TBD TBD E15-Furnace
Golf Maint Bldg TBD TBD E16-HVAC Unit
r,oif Maint Bldg TBD TBD E17-Overhead Radiant Heat Systems
Golf Maint Bidg TBD TBD E18-Exhaus[ Systems
Golf Maint Bldg TBD TBD E19-Storaqe Buildinq - Strudure 23,000 23,000
Golf Maint Bidg TBD TBD E21-ASphalt Dnving and Parking Area 5,903 5,903
Golf Maint Bldg TBD TBD E23-WOOd Pnvacy Fencinq 6,098 6,098
Golf Maint Bldg TBD TBO E25-Fuel Storage Tank -
Golf Maint Bldg TBD TBD E26-Tree Replacement 10.000 10.400 10.816 11.249 11,699 12167 66.330
AthleticField Town None Fl-Restroom/StorageFaCility -SWCture 1,100 1,100
Athletic Field Town None F2-Coated Exterior GYpsum Board
Athletic Field Town None F3-Wood Trlm, Posts and Beams 2,475 2,475
Athle6c Field Exterior calking and replacement Interior Calking & Minor Repairs F4-Enterior poors
Athletic Field Town None- Unless golf ball damage FS-Steep Slope Roofinq 9,997 9,997
Athletic Field Crowning to be split Crowning to be split- VRD to maintair F6-Field Grading and Drainage 3,500 3,500
Athletic Field All None F7-ASphak Parkinq Lot 97,718 12,483 110,201
Athletic Field None All FS-FOOtball Goal Posts -
Athletic Field None All F9-Soccer Goals
Athletic Field None All 1`10-VOlleyball Courts 13,628 13,628
Athletic Field None All Fll-Chain Link Fencinq 2.796 2~796
Athletic Field None All F12-WOOd Split Rail Fence 11,648 11,648
Athletic Field None All F13-Bleachers
Athtetic Field TBD Per GC Lease TBD Per GC Lease F14-Irrigation System- VRD Responsibility 16,224 16,224
Athtetic Field TBD Per GC Lease TBD Per GC Lease f14-Irrigation System- Town Responsibility 16,224 16,224
Athletic Field None All F15-Miscellaneous ImDrovements 14,559 14,559
Nature Center All None Gl-Wood Siding and Trim 5,849 5,849
Nature Center Ail None G2-Windows
-
Nature Center Ail None G3-Exterior poors
Nature Center Ail None G4-Steep Slope Roofinq
Nature Center None All GS-Interior 7,242 7,242
Nature Center Entrance and Town Interior and trail signes G6-Miscellaneous Siqnaqe 4,500 3,786 8.286
Nature Center None All G7-Walking and Driving Paths 5,372 5,372
Nature Center All None G8-WOOd Open Rail Fenanp 8,517 8,517
Nature Center None All G9-Benches and Tables 3,276 3,276
Nature Center None All G10-Timber StairwaVs
Nature Center None All Gll-Teepee 1,000 1,000
Nature Center None All G12-Shade Strudure 4,218 4.218
Exhibit A 7
VRD/TOV SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS , i
Legend: ~
Town of Vail
Vail Recreation District
To be determined
6-Yr
Facility Town Responsibility VRD Rasponsibility Dascription 2007 2008 2009 2010 2011 2012 Total ~I
Gymnastics Per Lease Per Lease Hl-Buildinq-Stnuture
I
Gymnastics Per Lease Per Lease H2-Stucco
Gymnastics Per Lease Per Lease H3-Cedar Sidinq 2,052 2'052
Gymnastics PerLease PerLease H4-Windows 1,000 1,000
Gymnastics Per Lease Per Lease HS-Exterior poors -
Gymnastics Per Lease Per lease H6-Buildinq Canopies / Sunscreens 7,247 7,247 ,
GymnasGcs PerLease PerLease H7-Low Slope Rooflnq ~
Gymnastics Per Lease Per Lease H8-Concrete Walkway and Stairs 1,582 1,582
Gymnastics Per Lease Per Lease H9-Concrete Drain Pan 5,600 5,600
Gymnastics PerLease PerLease H10-RetainingWalls 16.897 18,897
Gymnastics Per Lease Per Lease H11-In[erior Floor Coverinqs
Gymnastics Per Lease Per Lease H12-Intenor Walls and Ceilings 12,592 12,592
Gymnastics Per Lease Per Lease H13-Interior poors
Gymnastics Per Lease Per Lease H14-GVmnasium Liqhtinq 1,125 1,125
Gymnastics Per Lease Per Lease H15-Restrooms
Gymnastics Per Lease Per Lease H16-Dance Studio 17,368 17,368
Gymnastics Per Lease Per Lease H17-Cubbies and Lockers 1,000 2,250 3,250
Gymnastics Per Lease Per Lease H18-Fumace
Gymnastics Per Lease Per Lease H19-Radfant Heat SYStem
Gymnastics Per Lease Per Lease H20-Miscellaneous Mxhanical Improvemen 20,000 20,000
Gymnastics Per Lease Per Lease H21-Elevator
Gymnastics Per Lease Per Lease H22-Gymnastic Equipment 12,000 13,498 25,498
Gymnastics Per Lease Per Lease H23-Rubber Floor Mats 9,360 9.360 I
il
I
I
II,
Exhibit A 8
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.si ,
lJ ?
t
(
TOWN OF VAIL
AND .
VAIL PARK AND RECREATION DISTRICT
LEASE
- Dec . ~ I 11993
f
( TABLE OF CONTENTS
1. PURPOSE 2
2. SERVICES TO BE PROVIDED BY THE DISTRICT . . . . . . . . . . . . . . . . . 2
3. REAL PROPERTY AND IMPROVEMENTS 1'HEREON . . . . . . . . . . . . . . 2
A. Premises License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Terms and Conditions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. OfSce S12ace 5
4, CONTROL OF T'HE JOHN DOBSON ICE AItENA . . . . . . . . . . . . . . . . . . 6
5. RENT 7
6. GOLF AND SKATING PASSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7. PARKING 7
8. BOUNDARIES . 7
9. PERSONNEL 9
10. LIABILITY. INDEMNIFICATION AND INSURANCE . . . . . . . . . . . . . . . . 8
A. District Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 8
B. Town Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
C. Insurance 9
11. EF'F'ECT'IVE DA'1'E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12. 'I'ERMINA'1'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13. MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
A. Modifications and Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . ~
B. Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Biriding . . . . . . . . . . . . . . . . . . . . . . . . . . 11
D. Severabilitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
E. Authority to Enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
. F. Notice 12
G. ~ No Third Parrv Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
H. Soecific Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
~ i
LIST OF EXHIBITS ,
Exhibit A Premises License
Exhibit B Deed of Gift
Exhibit C Outstanding Agreements between Town of Vail
and Third Parties
v
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f
TOWN OF VAII,.
. AND
VAIL PARK AND RECREATION DISTRICT
LEASE
THIS LEA.SE is made and entered into this 1Iday of ~ 1993, by and
between the TOWN OF VAII., COLORADO, a Colorado municipal corporation,
hereinafter referred to as the "Town," and the VAIL PARK AND RECREATION
DISTRIG'T; a Colorado quasi-municipal corporation, hereinafter referred to as the "District".
WHEREAS, it is the desire of both parties to provide recreation programs and
services to the inhabitants and guests of the Town; and WHEREAS, the District has been providing such services under agreements signed
in 1989 and, 1993; and
WHEREAS, it is the desire of both parties for the District to continue to provide
these services; 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 goyern the provision of such services to the inhabitants and
visitors of the Town; and
. WHEREAS, the Town and the District intend that the District hold an election in
May, 1994 to increase the District's mill levy so as to provide an amount approximately
equal to the amount currently being paid by the Tovm to the District to administer the
recreation program and that the Town reduce its mill levy, so as to reduce taxes by an
approximately equal amount.
1
, NOW TBEREFORE, 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
management and provision of all recreational services for the inhabitants and visitors of the
Town.
2. SERVICES TO BE PROVIDED BY THE DISTRICT.
The District shall provide recreational programs and services. Such sen?ices
and programs shall be of high quality and shal] be of sufficient diversity and scope to meet
the recreational needs of the inhabitants of the Town and the visitors thereto.
3. REAL PROPERTY AND IMPROVEMENTS T'HEREON:
A. Premises License. The Town grants the District a LEASE to use the
following real estate, and improvements thereon set forth below and more
particularly descnbed in Fxh~bit A attached hereto (the "Premises"):
i. John Dobson Ice Arena and Environs;
ii. Nature Center and Environs;
iii. Upper Bench of Ford Pazk;
iv. Public Tennis Courts;
v. Atliletic Fields; and
2
y
vi. Youth and Teen Center
B. Terms and Conditions. The use of the Premises is subject to the
. following ternns and conditions:
i. Use of Premises. The Premises shall be primarily used for
recreadon prograrns and services except as otherwise provided for herein.
ii. Utilities. The District shall pay all charges for gas, electricity,
light, heat, power and telephone, or other communications services used,
rendered, or supplied upon or in connection with said 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.
iii. Access to the Premises. The Town and its agents shall have the
right to enter in or on the Premises to examine them, to make and perform
such alterations, improvements, or additions that the Tovm may deem
necessary or desirable for the safety, improvement, or preservation of the
Premises.
iv. Alterations by the District. The District shall make no major
alterations or additions to the Premises without the Town's prior written
consent. All such work shall be performed in a good and workmarilike
manner and all alterations and/or additions upon the Premises shall, upon
termination of this LEASE unless otherwise agreed at the time the Town's
consent is obtained or unless the Town requests removal thereof, become the
property of the Town. The District may make minor unprovements to the
Premises in order better to serve the citizens and guests without, written
approval.
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~ v. Maintenance and Repairs. The District shall take good care of
the premises and the fixtures and improvements therein including without
lunitation, any storefront doors, plate glass windows, heating and air
conditioning systems, plumbing, pipes, electrical wiring and conduits, and at
its sole cost and expense perform maintenance and make repairs, restorations,
or replacements as and when needed to preserve them in good working order
and first class condition. The District's obligation for repair and replacement
shall include all interior, emerior, nonstructural, ordinary and extraordinary,
unforeseen and foreseen repair, and rubbish removal. The Tovm shall be
responsible for landscaping, snow removal, and lawn care. The repair,
maintenance and replacement of the refrigeration system for the ice surface
in the Dobson Ice Arena shall be the sole responsibility and cost of the
District.
The Town shaU be responsible for all capital unprovements including
~
replacement of structural and non-structural components such as would be
depreciable pursuaint to the federal tax rules and regulations. The Town shall
not be responsible for the replacement of any equipment or components
damaged by the willful acts or negligence of the District. The District shall
develop a maintenance scheduled for each respective improvement used
pursuant to this Lease, which schedule shall be subject to the approval of the
Town. Ttie District shall keep a log setting forth actua] maintenance
performed at the Dobson Ice Arena. The logs shall be kept in the same
manner as had been maintained by the Town prior to the first lease of the
premises to the District. .
vi. Assignment. lfiis LEASE shall be non-assignable and the
District shall not mortgage, hypothecate, or encumber any af the facilities set
forth herein without the prior written consent of the Town in each instance.
4
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vii. Damage to or Destruction of Premises. If any of the Premises
are damaged by fire, gradual decay from natural causes, or any other cause so
that they may not be used for the pwpose for which they were intended and
the repair or replacement of such Premises shall require substantial cost, the
Town may elect not to repair such damage and this Lease shall automadcally
terminate as it relates to said damaged or destroyed Premises effective as of
the giving of norice by the Town of such election. Upon the Town electing
not to repair such damage, the District shall have the option of making the
necessary repairs or replacements of the damaged Premises at their expense
and this Lease shall then remain in affect.
viii. Surrender of Premises. Upon the expiration or other
termination of this LEASE, the District shall promptly quit and surrender to
the Town the Premises in good order and first class condition, ordinary wear
excepted. ,
ix. Compliance with All Laws and Regulations. The District agrees
- not to use or permit the 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 including the Town's no smoking
. ordinance, Ordinance No. 11, Series of 1988.
C. Office Space. In addition to the recreational Premises set forth in this
Agreement, the Town further grants a LEASE to the District to utilize the offices the
District is presently utilizing at the time of the signing of this Agreement in the Vail
Public Ia'brary for continued use as office space only [including the ten (10) parking
spaces in the hospital lot] at a rate of $20.00/sq. ft./year, which rate includes all utility
costs for said offices, which costs shall be the responsibility of the Town. This rate
will be renegotiated each five (S) years. The District shall have the option of
vacating offices and terminating any further obligation upon 90 days notice.
- 5
, 4. CONTROL OF THE JOHN DOBSON ICE ARENA.
The parties understand the John Dobson Ice Arena is a multi-use facility
utilized for both recreadon and other purposes by the Town, and further understand the
Arena is subject to certain terms and condidons contained in a Deed of Gift between the
Town and the Websteas, a copy of which is attached to this LEASE as Fxh~bit B. The
District agrees not to violate any of the •terms and conditions of said Deed of Gift during
the term hereof. The DistricYs use of the Arena pursuant to this LEASE shall be subject
to all outstanding agreements between the Town and third parties for or relating to the use
of the Arena, which are listed on Extubit C attached hereto.
The Distnict agrees to use its best effort to maximize the use of the Arena for
conventions, meetings, conferences, concerts, and other income producing events during the
period it is not required to use the Arena for ice skating by the Deed of Gift.. During the
term of this Lease, the Town shall have the right to use the Dobson Ice Arena for a tota]
of thirty (30) days during each year of the term hereof for whatever purposes it deem
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 15, and
ten (10) of said days between December 15 and March 15. 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 labor costs and electricity costs. The Agreement with the
Worldwide Church of God is exempt from paying or being chazged for the associated hard
costs during the present term of their Agreement. 6
~
5. RENT.
For all Property in Exhibit A and referred to in 3(A) rent is $1.00lyear.
Payment is made in advance and acknowledged.
6. [10LF AND SKATING PASSES,
The District shall provide the Town with as many season golf and skating
passes as the Town requires to utilize as a bene5t for its employees.
7. PARKIN .
The Town will provide six (6) parking spaces for District employees at the
Ford Park Parking lot at no cost. Fureher, 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 employees. These passes may not be re-sold by the District.
8. BOUNDARIES. ,
The District and the Town will use their best efforts to take whatever steps
aze necessary to make the boundaries of the District and the Town coterminous.
9. PERSONNEL.
The Town and the District and their respective officers, agents, and employees
shall fully cooperate so as to facilitate the performance of this LEASE. The provision af
recreational services and programs as contemplated in this I.EASE, the hiring, firing, and
discipline of District employees shall be the responsibility of the District. No person
employed by the District, in accordance with this LEA?SE, shall have any right to Town
benefits including health insurance and pension. The District, however, may invest pension
7
l.
funds in the Town's pension fund subject to such condidons as may be established by the
Tovm and permitted by law. The Town shall not be liable for the payment of any salaries,
wages, or other compensation to any District personnel performing recreadon 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. INDENINIFICATION AND INSURANCE.
A. District Indemnification. To the extent legally permissible, the District
shall indemnify and hold the Tawn, its agents, servants and employees hazmless from
• and 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 Premises arising out of any act, error, omission or
negligence in the operation, maintenance or use of the Premises by the District, its
agents, servants or employees or of any occupant, subtenant, visitor or user of any
portion of the Pxemises, or any condition of the Premises or adjacent property;
provided that this indemnity shall not emend to damages resulting solely from the
negligence or willful misconduct of the Town, its agents, servants or employees.
District does not by this paragraph waive any protections or limitations contained in
Colorado Governmental Immunity Act, 24-10-101, et. seq., C.R.S.
B. Town IndemniScation. To the extent legally permissible, the Town
shall indemnify and hold the District harmless from and against any and all liability,
loss, damages, costs and expenses, including reasonable attomey's fees arising from ' the negligence of the Town, its officers, agents, employees, successors and assigns.
The Town does not by this paragraph waive any protections or lirnitations contained
in Colorado Govemmental Immunity Act, 24-10-101, et. seq., C.R.S.
8
•a
C. Insurance. The District and the Town shall respectively provide their
own public liability, property darnage, and errors and omissions insurance policaes
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 part}'s insurance carrier, narne 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 retroacdve 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 .
prescnbed 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 provided by the
Colorado Governmental Immunity Act, and one million dollars ($1,000,000)
aggregate:
a. General Liability insurance coverage. The policy shall be
applicable to all Premises and operations and shall include coverage for
bodily injury, broad form property damage, personal injury, blanket
. contractual, products and completed operations.
b. Comprehensive Automobile Liability insurarice coverage
with respect to each of the parties' owned, hired or non-owned ve}ucles
used in the performance of this Agreement.
9
c. Errors and Omissions insurance coverage.
d. Liquor Liability insurance coverage if the District obtains .
a liquor license to serve wine, beer, or intoxicating liquors.
11. EFFECTIVE DATE. This LEASE shall become effective an the ~ day of DacemEeR 1994,
12. TERMINATION.
A. Unless sooner terminated as provided for herein, this Lease shall
terminate at noon on Mazch 27, 2415, which time and date corresponds to the
original forty-nine (49) yeaz tenn for the ground lease of the Vail Municipal Golf
Course. B. Notwithstanding any other provision of this LEASE, this LEASE shall
terminate on December 31,1994 if the District does not receive consent of the voters
at the contemplated May, 1994 elecdon to increase its mill levy as hereinabove
indicated.
C. In the event that the consent of the .voters is received and the increase
in mill levy is effected as provided for in paragraph 12.13. hereof, but thereafter
(before the termination date provided for in paragraph 12.A. hereof) the District
ceases to collect the taxes resulting from the increased mil] levy (the "Increased
Taxes") and the Town increases its mill levy to compensate for the District's cessation
to collect the Increased Taxes, this LEASE shall terrainate on December 31 of the
last year in which the District collects the Increased Taxes.
• 10
D. Upon termination of this LEASE as set forth herein, the 'District's
i
right to use the Premises and all irnprovements thereon shall cease as provided for
in paragraph 3. B. viii., hereof. In addition, the District shall return to the Town all
equipment, vehicles, and personal property set forth on Exhibit A.
E. Failure of either party hereto to maintain the insurance policies or
coverages speci5ed in paragraph 10.C. hereof, or to pay the rent provided for in
paragraph 5. hereof within fifteen (15) days of its due date, or failure to perforrm any
other obligation of this LEASE within thirty (30) days after written notice of default
shall constitute a material breach of this contract, upon which the non-breaching
party may immediately ternninate this LEASE.
13. MISCELLANEOUS PROVISIONS
A. Modifications and Waivers. No modification or waiver of this
LEASE or of any covenant, condition, or provision herein contained shall be valid
unless in writing and duly executed by the party to .be charged therewith.
B. Entire eement. This written LEASE embodies the whole
agreement between the parties hereto and there are no inducements, promises, terms,
conditions, or obligations made or entered into either by the Town or the District
other than those contained herein.
C. Binding Agreement. This LEASE shall be binding upon the respective parties, their successors or assigns.
D. Severabilitv. Ail 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.
11
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i E. Authorito 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
considered null and void as of the date of such court determination.
F. Notice. Any notices to be sent to the parties pursuant to the terms of
this L.EASE shall be mailed to the following addresses:
Town Manager
Tovm of Vail 75 South Frontage Road Vail, CO 81658
Executive Director
Vail Park and Recreation District
292 West Meadow Drive
Vail, CO 81657
G. No Third Party Ri hts: 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
claun against either the District or the Town because of any breach 'hereof or of 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.
12
~ IN WITNESS WkiEREOF, the Town and the District have executed this
LEA.SE as of the date first set forth above.
TOWN OF VAIL, a Colorado municipal'corporation
Robert W. McLaurin, Town Manager
VAIL PARK AND RECREATION DISTRICT,
a quasi-municipal corporation
l
By: -
Hermann Staufer, Chairman, Vail Park
and Recreation District
13