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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 } 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: ~RedSandstoneElementarySchool ~ " 1.4 QCI'CS) - OUtd001' R6CI'6at1011 ZOf12 dlStl'ICt x :r ..v} ~ Soccer Fieid (approx. 6,4 acres) 3 Lionshend Neighborhood Pork Option `~4 ~ _ , ~*i~`~`~~.~ 0.3 acres) - Agricultural & Open Spnce zone district _M 4 -E xpanded Red Scndstone School Park Option 0.5 ncres) - Outdoor Recreation; and 6eneral Use zone districts 5 - Play Fenture Option t . 1 ~ 5,000 sq ft ) - Lionshead Mixed Use 1 zone district . ~ : , . ~ ~ ~ r : • 'J ~ ~ - r t ~°s ~ _ - m ~ ' ; . . ~ ~ . ~ . ~ ~ , • x^ ~ , , ~ , ~ ~ ~ ~ . 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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 ~ ~ 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 ~ 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. , 2 "m f 1' ~ E T: ~;~n . S'~. S ~"as `R "y,:. ~ . r s a ~ ~ ~ . . ~ ~ ' . ~ ~ ~ . ~ y . . . . ~~.c o, , U, c ~ b ' ~ ~ S. `~.~5 ~ ~ . C~`~~"~. s 7 PA ~ ~ TINA DETAIL a tt~..6oTre yA r~~' ~ ~ • . s~ s~ ~ ~ . ' . ~:Y! v.,.. ~~'Na~y Q rlEp~~~'~ ~,~E,~ ~ . , - ~ CG . R , : , . . x: . . . k` f.;. . . J ' ' . . _ ~ x~ ~ . t . 9 a , .E~L EV/\T1DKf SGb'LE /1" ~ I FCOT aa EAST MEADOW DRNE - ENTRY FEAT'UR}. ~ n DESIGN PROPOSAL ~ ~ OCTOBER 10, 2007 2~ ~ ~ 501J1JCl~1D~LP RESDR'T' yrAe't S I TE PLAN T'ODU OPPENHEIMGR, ASLA z TOW13 OP VA1L ~ c : ~ ~ k 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 - T .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 ~i 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. 3 ~ ~ 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 ~1 . 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 . ~ • 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