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HomeMy WebLinkAbout2008-02-19 Support Documentation Town Council Evening SessionA. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, FEBRUARY 19, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Joe Blair ITEMITOPIC: International Federation of Sports Climbing President Introduction (IFSC). (10 min.) 3. ITEM/TOPIC: Town Manager's Report. (15 min.) • Chamonix Master Planning Focus Group update. • Vail Pass Closure Update. 4. Stan Zemler ITEM/TOPIC: Reallocation of balance in Conference Judy Camp Center Fund. (30 min.) BACKGROUND RATIONALE: ' A November 2005. election rescinded a 0.5% sales tax and a 1.5% lodging tax that had been put into place in 2002 to build and operate a conference center. The ballot question contained a further provision that the Town Council shall either: refund any remaining revenues from the taxes pursuant to a refund methodology determined by the Council; or submit a question to the voters on how such revenues shall be used. STAFF RECOMMENDATION: Staff recommends deferral of a ballot question concerning the conference center funds until at least November 2009. ACTION REQUESTED OF COUNCIL: If you agree with the staff recommendation, approve a motion to defer a ballot question concerning use of the conference center funds until November 2009 based upon findings included in this memo. If you do not agree with the staff recommendation, direct staff to return to Council in two weeks with a timetable and process for placing a question on the November 2008 ballot. 5. Ron Braden ITEM/TOPIC: Council has asked staff to update them on the status of the CenturyTel wireless network, and give them an update on the existing agreement to ensure that CenturyTel is in compliance with the terms of the agreement. (15 min.) BACKGROUND: In August of 2006, following an extensive RFP process, the Town of Vail entered into an eight-year Wireless Broadband Network Lease Agreement with CenturyTel to build, own, and operate a town-wide wireless network. In order to comply with state law that strictly forbids municipalities to own, operate, or manage a municipal broadband service (without the vote of the people), this agreement makes no reference to coverage areas, offerings, pricing, or service level agreements. After a review of this contract by staff and counsel, it was determined that CenturyTel is not in violation of the terms of the contract. As compensation for leasing public assets to CenturyTel, the town receives free Internet access for our guests up to sixty minutes per day, free access to the network for municipal and public safety use, a five percent revenue share once the capital infrastructure of the network is paid off, a much needed link to our public safety agencies down valley, and the addition of a competitive Internet Service Provider (ISP). To date, CenturyTel has invested more than 1.2 million dollars into the network, while continuing to make improvements. We are the only municipality in the State of Colorado to have a town wide wireless network in partnership with a private sector company. Additionally, the town has not spent any capital dollars to build or maintain the system. Agenda: CenturyTel will provide an update to council on the following tems. 1) Signal Issues / power problems with wireless access points. ..Eight of the ten problem nodes are construction related 2) Status of the network coverage expansion (11 nodes). ..Winter delays/struggles 3) Status on Customer Premise Equipment (CPE) device. 4) Deployment of portal / kiosk project. 5) Analysis of last 90 days of trouble calls into the 24x7 toll-free Help Desk. 6) Edge out uses of the network. 6. George Ruther ITEM/TOPIC: The applicant, Triumph Development, is requesting permission to proceed through the development review process with an application to amend the Vail Village Master Plan to allow for mixed use development on the south side of the Vail Transportation Center. (10 min.) ACTION REQUESTED OF COUNCIL: Listen to a brief presentation on the amendment procedures outlined in the Vail Village Master Plan and instruct the Community Development Department and the applicant on how the Vail Town Council wishes to proceed at this time. BACKGROUND RATIONALE: On February 5, 2008, the Vail Town Council held a public hearing to discuss the potential to amend the Vail Village Master Plan to allow for mixed-use development on the south side of the Vail Transportation Center. The Vail Village Master Plan currently designates the south side of the Vail Transportation Center as an open space buffer between the parking structure and existing mixed-use development on the south side of East Meadow Drive. Upon completion of the discussion, the Vail Town Council unanimously voted to instruct Staff to proceed through the development review process with a proposed amendment to the Vail Village Master Plan for further consideration. Staff has determined that, the applicant needs to gain permission from the Vail Town Council to proceed with a text amendment proposal, thus necessitating the current request. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council grants the applicant permission to prepare a proposed amendment to the Vail Village Master Plan and submit an application to the Town of Vail Community Development Department for review and consideration pursuant to the amendment procedures outlined in the Vail Village Master Plan. An approval to proceed does not grant approval of any amendments and does not give the applicant permission to proceed through the development review process with a project on town- owned property. 7. Nina Timm ITEM/TOPIC: Discussion regarding Town Council's direction for the redevelopment of Timber Ridge Village Apartments. Specifically, policy direction regarding Town Council's expectations. on rental rates and occupants in a redevelopment scenario. (30 min.) BACKGROUND RATIONALE: When Timber Ridge Village Apartments was purchased in July, 2003, the then Town Council placed a deed restriction on the property requiring 600 affordable rental beds. As the Town contemplates any redevelopment scenario for Timber Ridge it is essential to have a firm understanding of Town's Council's expectations regarding rental rates at Timber Ridge. Without clearly defined expectations of rental rates and who are the target residents it is difficult to evaluate redevelopment scenarios effectively. ACTION REQUESTED OF COUNCIL: Staff requests clear policy direction on Town Council's rental rate expectations, if any in any redevelopment of Timber Ridge. STAFF RECOMMENDATION: Provide clear policy direction on anticipated rental rates so staff is able to assist in properly evaluating redevelopment proposals against Town Council goals. 8. Tom Kassmel ITEM/TOPIC: Dedication of an Eagle River Water and Sanitation District Construction and Permanent Easement on Willow Park. (10 min.) ACTION REQUESTED OF COUNCIL: Dedicate two easements to the Eagle River Water Sanitation District for the purpose of construction of a sanitary sewer line along Willow Circle this Spring. One being a temporary construction easement for staging of material and one being a permanent easement for future maintenance and construction. BACKGROUND RATIONALE: ERWSD has requested that the Town provide two easements on Willow Park dedicated to ERWSD for the purpose of construction of a new sanitary sewer line. The easements will facilitate the construction of the new line allowing the new line to have a 0.7% grade, less impact on the existing sanitary sewer line, and providing additional areas for construction staging. STAFF RECOMMENDATION: Staff believes the construction can be limited to the existing Town owned Right of Way and no easements will be necessary. 9. Tom Kassmel ITEM/TOPIC: 2008 Vail Road. Overlay Project. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Vail Roadd. Overlay Project in the amount of $139,629.93 BACKGROUND RATIONALE: Vail Road has undergone multiple construction projects and is scheduled for an asphalt overlay this year. Due to the numerous construction projects the cost of the overlay will be cost shared by multiple entities and developers. The town will administer the project and will be reimbursed by these entities. Staff has received a bid proposal from B&B Excavating for Vail Road Overlay Project for $139,629.93 of which the town is directly responsible for $47,861.51. This amount is budgeted in the Capital Street Maintenance Budget. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Vail Road Overlay Project in the amount of $139,629.93. 10.. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive. (Cornerstone site). (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 5, Series of 2008, on first reading. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade, Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area (GRFA) within Area A, Cascade Village, and to allow for the development of the Cornerstone Site. Specifically, the applicant proposes to increase the allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (an increase of 6,466 sq. ft.) to facilitate the development of 23 free market condominium units, 4 employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts, Inc.., and underground parking on the site. Upon review of the request and a site specific development plan, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with conditions, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 5, Series of 2008, on first reading. 11. Matt Mire ITEMITOPIC: First reading of Ordinance No. 6, Series of 2008, An Ordinance Amending Title 6, Chapter 3, Article D, Regarding Offenses Against Public Peace. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 6, Series 2008. BACKGROUND RATIONALE: Due to public transportation disturbances the Town of Vail Police Department and Bus Department has requested an amendment to Title 6, Chapter 3, of the Town Code to add a subsection that is similar to the C.R.S §18-9-114 for the counsels consideration. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 6, Series 2008. 12. Rachel Friede ITEM/TOPIC: Second reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. (5 min.) BACKGROUND RATIONALE: On February 6, 2007, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail. The regulations remained vague regarding nonconforming structures and multiple ownership scenarios, relying on the regulations regarding compatibility of materials to guide decision-making. Following recent decisions by the Design Review Board to allow different roof covering materials under certain circumstances, the Vail Town Council instructed Staff to proposed text amendments to the regulations in order to clarify requirements and allow different roof covering materials under certain circumstances in two-family and multi-family dwellings. On December 10, 2007, the Planning and Environmental Commission reviewed proposed text amendments and recommended approval with modifications. On December 12, 2007, the Vail Town Council held a work session on the proposed amendments. Council members commented that they were in favor of the proposed text amendments, and asked that the Design Review Board be given some discretion in allowing compatible roofing materials. On February 5,, 2008, the Vail Town Council unanimously approved Ordinance No. 3, Series of 2008, on first reading. ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 3, Series of 2008, upon second reading. 13. Rachel Friede ITEMITOPIC: Resolution No. 3, Series of 2008, a Resolution to establish Special Business Promotion Permits, and setting forth details in regard thereto. (10 min.) BACKGROUND RATIONALE: Over the past few years, the Special Events Coordinator has received numerous requests from businesses to hold promotional events that did not meet the requirements for a special events permit. After consulting the business community, Staff has developed the Special Business Promotion Permit to allow individual businesses to hold promotional events that include activities outside of day-to-day business. On February 11, 2008, the Planning and Environmental Commission unanimously voted to recommend approval of a resolution establishing Special Business Promotion Permits. ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Resolution No. 3, Series of 2008. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Resolution No. 3, Series of 2008. 14. ITEM/TOPIC: Adjournment. (9:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 4, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. . i TOWN OF VAIL Wireless Broadband Network and Lease Agreement THIS WIRELESS BROADBAND NETWORK AND LEASE AGREEMENT ("Agreement"), dated as of August 4, 2006 (the "Effective Date"), and entered into by and between the Town of Vail, a State of Colorado municipal corporation, with its governmental offices located at 75 S. Frontage Road, Vail, CO 81657 (the "Town"), and CenturyTel Broadband Services, LLC, a Louisiana limited liability company, with its principal offices located at 100 CenturyTel Drive, Monroe, Louisiana 71203 ("CenturyTel"). The Town and CenturyTel may also be referred to herein as the "Parties" and each as a "Party." Recitals The Vail Town Council has determined that a system of wireless broadband high speed communications will improve the quality of life of Vail residents and guests; improve government, education and transit services, and facilitate resident and visitor access to such services; help to bridge the digital divide; create opportunities for businesses located within Vail's borders; and provide competitive network services. The Town of Vail seeks a relationship with private industry in general and CenturyTel in particular, to create a Town-wide wireless broadband network "Network"), as defined in Section 1.14. CenturyTel desires to install, operate and maintain such Network, pursuant to and in accordance with the provisions of this Agreement and with regulations promulgated by the Federal Communications Commission (FCC), a broadband high-speed communications network, using Network Facilities, as defined in Section 1.15, and certified by the FCC. The Town is the owner of physical property and/or structures located in the Town of Vail, County of Eagle, State of Colorado (the "Municipal Facilities"). For purpose of operating its Network, CenturyTel wishes to lease space and locate, place, attach, install, operate, and maintain Network Facilities, on or in Municipal Facilities, or in the Municipal Right of Way (as defined in Section 1.12 below) on facilities owned by the Town, as well as on facilities owned by third parties. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. DEFINITIONS. The following definitions shall apply to the provisions of this Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by CenturyTel for its Services (as defined in Section 1.16 below) J r provided to subscribers within the Town, excluding: (i) any utility users' tax, Network tax, or similar tax or fee; (ii) local, state, or federal taxes that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from, subscribers (i.e., bad debts) with billing addresses in the Town that was previously included in Adjusted Gross Revenues, and has been written off in tax records for the annual period in which User Fees described in Section 3.11 have been calculated. 1.2 Conditions of Use. "Conditions of Use" means the terms and conditions applicable to use of Services, including without limitation terms and conditions relating to log-in procedures, authentication, restrictions on use, and recurring and nonrecurring charges for use. 1.3 Town. "Town" means the Town of Vail, Colorado. 1.4 Fee. "Fee" means any assessment, charge, or levy of general application to entities doing business in the Town lawfully imposed by any governmental body (but specifically excluding any taxes). 1.5 Free Service. "Free Service" means the wireless broadband communications service provided by CenturyTel at speeds of approximately 300 Kbps at no cost to the user for up to 1 hour per day. Free Service shall be subject to applicable Conditions of Use. All Free Service shall be routed to the Internet utilizing facilities provided by the Town. 1.6 Hazardous Substances. "Hazardous Substances" means any substance or material defined or designated, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death, disease or other environmental damage. 1.7 Including. "Including" means including without limitation. 1.8 Installation Date. "Installation Date" shall mean the date that the first Network Facility is installed by CenturyTel pursuant to this Agreement. 1.9 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, . judicial decisions, rules, tariffs, administrative. orders, certificates, orders, or other requirements of the Town or other governmental agency having joint or several jurisdiction over the parties to this Agreement. 1.10 Leased Facilities. " "Leased Facilities" is defined in Section 3.1. 1.11 Municipal Facilities. "Municipal Facilities" means Town-owned street light poles, lighting fixtures, frames, buildings, or other Town-owned facilities and structures, including those located within the Municipal Right of Way, and may refer to such facilities in the singular or plural, as appropriate to the context in which used. To the extent that Municipal Facilities are leased to third parties, CenturyTel's use of such facilities shall conform to the terms of applicable third party agreements. MWNOFV Page 2 of 20 1.12 Municipal Right of Way. "Municipal Right of Way" means the space in, upon, above, along, across, and over the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks, and bicycle lanes, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the Town. This term shall not include county, state, or federal rights of way, any "open space" as adopted by the Town, any natural area preservation district, or any property owned by any person or entity other than the Town, except as provided by applicable Laws or pursuant to an agreement between the Town and any such person or entity. 1.13 Municipal Use. "Municipal Use" means use by the Town or its employees solely for the internal business purposes of the Town. All Municipal Use shall be routed to the Internet utilizing facilities provided by the Town. 1.14 Network. "Network" means the wireless broadband Network to be installed, maintained and operated in order to provide the CenturyTel Services described in this Agreement. "Network" shall include all Network Facilities. 1.15 Network Facilities. "Network Facilities" mean radios, antennas, wires, cables or other equipment or fixtures necessary to the operation of the Network. 1.16 Services. "Services" means 802.11b/g broadband communications provided by CenturyTel within the Town and such other wireless broadband communications connectivity as CenturyTel may in its discretion choose to provide in the Town. Services shall not include public safety services, which shall be provided pursuant to a separate agreement between CenturyTel and the Town. 2. TERM. This Agreement shall be effective as of the Effective Date and shall extend for a term of eight (8) years commencing on the Installation Date or one hundred twenty (120) days after the Effective Date, whichever is sooner, unless it is earlier terminated by either Party in accordance with the provisions herein. The term of this Agreement shall be renewed by mutual agreement for one (1) successive term of eight (8) years on the same terms and conditions as set forth herein, unless either Party notifies the other Party of its intention not to renew, or to renew only upon renegotiation, not less than thirty (30) calendar days prior to commencement of the relevant renewal term. 3. SCOPE OF AGREEMENT/LEASE AND USE OF MUNICIPAL FACILITIES. CenturyTel shall have the right to install, operate and maintain the Network and use Municipal Facilities, Municipal Right of Way and, subject to Section 3.2, third-party property for such purposes subject to and in accordance with this Agreement. Any and all rights expressly granted to CenturyTel under this Agreement, which shall be exercised at CenturyTel's sole cost and expense, shall be subject to the prior and continuing right of the Town under applicable Laws to use any and all parts of the Municipal Facilities and Right of Way exclusively or concurrently with any other person or entity (subject to the provisions herein) and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Municipal Facility or Right of Way. 3.1 Lease. The Town leases to CenturyTel and CenturyTel leases from the Town a portion of the Municipal Facilities, consisting of space or physical property and the fiber optic facilities referenced on Exhibit D (the "Leased Facilities") located in the Town of Vail, as referenced on Exhibit A and as shown on the Site Plan attached as 1UfFlYMY Page 3 of 20 Exhibit B. CenturyTel intends to locate its Network Facilities, as described more fully on the attached Exhibit C, on the Leased Facilities. CenturyTel may not add additional Network Facilities from that shown on Exhibit B, without the prior written approval of the Town. The Town shall also lease to CenturyTel two (2) strands of fiber optic cable, in accordance with the terms of the Indefeasible Right to Use Agreement, set forth in Exhibit D. In addition, subject to and in accordance with the provisions of Section 3.9 below, CenturyTel shall have the right to draw electricity for the operation of the Network components from the power source associated with each such attachment to Municipal Facilities. The Town shall have the right to lease other portions of the Municipal Facilities and/or Municipal Right of Way to other providers, or to permit other portions to be used by others in accordance with this Agreement. The Town shall deliver possession of the Leased Facilities to CenturyTel on the Effective Date, or, if later, the approval date for the permit for the particular Leased Facility if such permit is required by applicable law. 3.2 Attachment to Third-Party Property. Subject to CenturyTel obtaining the permission of the owner(s) of the affected property, and subject to CenturyTel's compliance with applicable zoning, permitting and other local regulations, the Town hereby authorizes and permits CenturyTel to enter upon the Municipal Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace any Network Facilities in or on poles or other structures owned by public utility companies or other property owners located within the Municipal Right of Way as may be permitted by the public utility company or property owner, as the case may be. Upon request, CenturyTel shall furnish to the Town documentation of such permission from the individual utility or property owner responsible. The Town agrees to cooperate with CenturyTel at no cost or expense to Town, in obtaining where necessary the consents of third-party owners of property located in the Municipal Right of Way. 3.3 No Interference. In the performance and exercise of its rights and obligations under this Agreement, CenturyTel shall not interfere with any public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, frames, cable television facilities, utility facilities, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Agreement. The Town agrees to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises Town may enter into after the Effective Date with other carriers, utilities and users of Municipal Facilities and/or Municipal Right of Way. 3.4 Compliance with Laws/ Preservation of Police Powers. CenturyTel and the Town shall each comply with all applicable Laws in the exercise and performance of its rights and obligations under this Agreement. The Town reserves all rights to exercise its lawful police powers, and CenturyTel shall comply with the same. 3.5 Obtaining Required Permits; Terms and Conditions. If the attachment, installation, operation, maintenance, or location of the Network Facilities in or on Municipal Facilities or the Municipal Right of Way shall require any permits, CenturyTel shall apply for the appropriate permits. CenturyTel shall not be required to pay any fee to the Town for in connection with any land use permits; but shall be required to pay such standard and customary permit fees for any traffic, construction and other related authorizations required pursuant to the Town Code. Consistent with its standard and customary practices, the Town shall promptly respond to TOWN Page 4 of 20 CenturyTel's requests for permits and shall otherwise cooperate with CenturyTel in facilitating the deployment of its Network in the Municipal Right of Way in a reasonable and timely manner. 3.6 Completion of Initial Project. CenturyTel shall use commercially reasonable efforts to install on or before November 15, 2006 all Network Facilities necessary to be able to provide Services to residences, businesses and public parks located within Town limits that exist as of the effective date of this Agreement. 3.7 Future (Deployments. As the Town annexes and populates new developments, CenturyTel shall resume monthly reporting described in Section 6.3 until each Network addition is complete. CenturyTel shall have no obligation to provide Services to annexed areas unless (i) Services can be provided using existing Network Facilities, or (ii) without unreasonable expense, CenturyTel is able to obtain, and has obtained, all necessary consents, permit and authorizations, and is able to complete, and has completed, construction of any necessary Network Facilities. 3.8 Office within the County. For the complete term of the Agreement, in recognition of the need for a local presence, CenturyTel shall establish and maintain an office within Eagle County, Colorado at an accessible location for providing sales and administrative services, dispatching service calls, processing complaints, and other reasonably related services. 3.9 Electricity Charges. The Town shall be solely responsible for the payment of, and shall pay when due, all electrical utility charges to the applicable utility company based upon the Network's usage of electricity and applicable tariff. In the event the Town shall fail to pay such electrical utility charges, CenturyTel may pay such charges and deduct the amount from any amount payable to the Town. Notwithstanding the Town's obligation to pay electrical utility charges as described herein, the Town shall have no obligation to pay for or construct new electrical facilities, routers or any other equipment that may be necessary to facilitate CenturyTel's operations. 4. USE OF THE NETWORK. Use of and access to the Network shall be in CenturyTel's sole discretion. 4.1 Service Provider Conditions of Use. Network use by ISPs or other service providers shall be subject to terms and conditions specified by CenturyTel. Nothing in this Agreement shall impose any obligation upon CenturyTel or any ISP that CenturyTel may allow to use and access the Network with respect to the content or delivery of any information or services, or any other characteristic or feature of such information or services. 4.2 Customer Conditions of Use. Any use of the Network or Services shall be subject to applicable Conditions of Use, which may be modified at any time in CenturyTel's discretion. All users shall be required to assent to applicable Conditions of Use prior to any use of the Network or Services, and each user shall be bound by such Conditions of Use. Provided, however, that the Town shall have the right to use Service for Municipal Use without charge; further provided, however, that such use shall be in accordance with all applicable Conditions of Use other than payment of applicable hourly or monthly charges. CenturyTel shall provide the Town a copy of applicable Conditions of Use upon request, and shall also use commercially reasonable efforts to advise the Town of any material change in Conditions of Use, ?ara?v?n: Page 5 of 20 including changes in prices for Services. 5. COMPENSATION. As compensation to the Town for CenturyTel's lease, entry upon and deployment on or in Municipal Facilities and within the Municipal Right of Way, the Town shall have the right to use the Network without charge for Municipal Use; intermittent or visiting users will have access to a Free Service for approximately 1 hour per day at connection speeds of approximately 300 Kbps; CenturyTel shall pay to the Town, on a quarterly basis, an amount equal to 5 percent of Adjusted Gross Revenues (the "User Fee"), from subscribers of the Services within the Town and remitted to Town as provided herein. Commencement of payments of the User Fee shall not commence until after CenturyTel has received Adjusted Gross Revenues in an amount of $794,000.00, to allow for recovery of $ 39,700 for the Public Safety Option. Except as expressly provided in this Agreement, CenturyTel shall not be required to pay any other fee, charge or rent under this Agreement in addition to the User Fee referenced herein. 5.1 User Fee. Subject to Section 5, the User Fee shall be payable for the period commencing upon the date that Services are offered to paying subscribers within the Town using the Network installed pursuant to this Agreement and ending on the date of termination of this Agreement, and shall be due on or before the thirtieth (30th) day after the end of each quarter or fraction thereof. The transmittal of payment shall include a report of each month's Adjusted Gross Revenues and the fees as calculated using the above schedule. Within forty-five (45) days after the termination of this Agreement, compensation shall be paid for the period since the end of the last quarter for which compensation has been paid. CenturyTel shall furnish to the Town with each payment of compensation required by this section a statement showing the amount of Adjusted Gross Revenues for the period covered by the payment. If the Town or CenturyTel discovers any error in the correct amount of compensation due, the Town shall be paid within thirty (30) days of discovery of the error or determination of the correct amount. Any overpayment to the Town through error or otherwise shall be refunded or offset against the next payment due. Acceptance ?by the Town of any payment due under this section shall not be deemed to be a waiver by the Town of any breach of this Agreement occurring prior thereto, nor shall the acceptance by the Town of any such payments preclude the Town from later establishing that a larger amount was actually due or from collecting any balance due to the Town. 5.2 Accounting Matters. CenturyTel shall keep accurate books of account for the purpose of determining the amounts due to the Town pursuant' to this Agreement. The Town may request inspection of CenturyTel's books of account relative to the Town, at any time during regular business hours on ten (10) days' prior written notice, and may examine the books from time to time at the Town's sole expense, but in each case only to the extent necessary to confirm the compliance with any such financial obligations owed by CenturyTel to the Town. CenturyTel's books shall be made available for any such review, at the Town offices, at CenturyTel's local office, or at the ,office of any Town consultant that may be conducting the review. Alternatively, if CenturyTel intends to make such records available only at a CenturyTel location outside of Eagle County, CenturyTel shall pay of all Town costs of travel, meals and lodging, reasonably incurred in such review. &.1 MWORkv Page 6 of 20 6. INSTALLATION, MAINTENANCE AND RELOCATION OF NETWORK FACILITIES. 6.1 CenturyTel shall have the right, at its sole cost and expense, to install, operate and maintain on the Leased Facilities, in accordance with good engineering practices and with all applicable FCC rules and regulations, its Network Facilities as described on Exhibit C. 6.2 CenturyTel's installation of its Network Facilities shall be done in compliance with all applicable building, fire, sanitary and safety codes and regulations and other applicable laws, statutes, regulations and ordinances. All construction and maintenance relating to Network Facilities shall be and remain the responsibility of CenturyTel, regardless of who performs installation and/or construction. CenturyTel shall apply for and obtain all permits necessary for the installation and/or construction of its Network Facilities, and submit permit plans to the Town within ten (10) days of obtaining 's written consent to CenturyTel's plans and specifications. All plans for construction, alteration or changes shall be signed and sealed by an architect or engineer licensed by the State of Colorado. CenturyTel shall pay all applicable fees due for construction permits. 6.3 Location of Network Facilities. The proposed locations of CenturyTel's planned initial installation of Network Facilities shall be provided to the Town promptly after CenturyTel's review of available street light maps and prior to deployment of the Network Facilities. Prior to beginning construction, CenturyTel shall provide the Town with plans and specifications, an initial written construction schedule for work. All plans and specifications and schedules are subject to the prior written approval of the Town. The Town's written approval of the plans and specifications and schedules shall create no responsibility or liability on the part of the Town for the completeness, design, sufficiency or compliance with all laws, rules and regulations of government agencies or authorities. CenturyTel shall submit monthly reports with maps identifying the number, location and types of Network Facilities planned to be installed during the following month, until the system is complete. All such installation shall be subject. to Town review, per applicable provisions of the Town Code. 6.4 Inspections. The Town shall have the right to inspect any or all work required for the installation of the equipment. CenturyTel shall reimburse the Town reasonable costs for such inspections. 6.5 Emergency Repairs. In the event emergency repairs are necessary for its Network Facilities, CenturyTel shall immediately notify the Town in writing of the need for repairs. CenturyTel may immediately initiate emergency repairs, and shall apply for appropriate permits the next business day following discovery of the emergency. CenturyTel shall comply with all laws relating to construction, including payment of permit or license fee. 6.6 Notification of Work on Municipal Facilities. Except in case of emergency, CenturyTel shall notify the Town in advance in writing of CenturyTel's proposed construction, maintenance or repair activities to be performed on the Municipal Facilities in order to coordinate those activities with the Town's operations. CenturyTel shall obtain the Town's written approval of its proposed activities before beginning any work. The Town's approval shall not be unreasonably withheld.. 'tOfYdOFYV:V Page 7 of 20 6.7 Relocation at Town's Direction. CenturyTel understands and acknowledges that Town may require CenturyTel to relocate one or more of its Network Facilities, and CenturyTel shall at Town's direction relocate such Network Facilities at CenturyTel's sole cost and expense, whenever Town reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a Town project; (b) because the Network Facility is interfering with or adversely affecting proper operation of Town-owned light poles, traffic signals, Town or other governmental communications network or device, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, Town shall, at no cost to the Town, use reasonable efforts to afford CenturyTel a reasonably equivalent alternate location. If CenturyTel shall fail to relocate any Network Facilities as requested by the Town within thirty (30) days, the Town shall be entitled to relocate the Network Facilities at CenturyTel's sole cost and expense, without further notice to CenturyTel. To the extent the Town has actual knowledge thereof, the Town will attempt promptly to inform CenturyTel of the displacement or removal of any pole on which any Network Facilities are located. 6.8 Relocations at CenturyTel's Request. In the event CenturyTel desires to relocate any Network components from one Municipal Facility to another, CenturyTel shall so advise Town. Town will use reasonable efforts to accommodate CenturyTel by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement, and at no cost to the Town. 6.9 Damage to Municipal Facility or Right of Way. Whenever the installation, maintenance, removal or relocation of Network Facilities, or any other work contemplated in connection with the Network, is required or permitted under this Agreement, and such installation, maintenance, removal, relocation or other work shall cause the Municipal Facility or Municipal Right of Way to be damaged, CenturyTel, at its sole cost and expense, shall promptly repair and return the Municipal Facility or Municipal Right of Way in which the Network Facilities are located to a safe and satisfactory condition. If CenturyTel does not repair the site as just described, then the Town shall have the option, upon thirty (30) days' prior written notice to CenturyTel, to perform or cause to be performed such reasonable and necessary work on behalf of CenturyTel and to charge CenturyTel for the actual and reasonable costs incurred by the Town therefor. Upon the receipt of a demand for payment by the Town, CenturyTel shall promptly reimburse the Town for such costs. CenturyTel shall pay all reasonable costs and expenses directly attributable to maintaining the integrity of Municipal Facilities in connection with CenturyTel's construction, installation, maintenance, relocation and/or operations of the Network Facilities. In connection with the installation and operation of the Network Facilities, CenturyTel shall not make any penetrations of any building without the Town's prior written consent. All building penetrations that may be permitted by the Town shall be undertaken only under the supervision of the Town. 6.10 Town Buildings and Structures. CenturyTel shall not overload the floors of any Town building or structure so as to cause any undue or serious stress or strain to the building or structure, or any part thereof. The Town shall have the right, prior to installation of CenturyTel's facilities, to call upon any licensed engineer or architect of the Town's choosing to decide whether the floors of the building, or any part thereof, are being overloaded so as to cause undue or serious stress or strain on the building or any part thereof. The decision of the engineer or architect shall be final TDWN1f Y? V Page 8 of 20 and binding on CenturyTel. If in the opinion of the engineer or. architect the stress or strain may endanger or injure the building or structure, or any part thereof, CenturyTel agrees to immediately relieve the stress or strain by lightening the load in a manner reasonably satisfactory to the Town. 6.11 Signs and other Markings. CenturyTel shall not without the Town's prior written consent, place any marks, signs, advertisements, notices, decorations, or any other devices or attachments in or on the Municipal Facilities or the Municipal Right of Ways. Any such device placed on the Municipal Facilities or Municipal Right of Ways with the Town's consent shall be removed by CenturyTel at CenturyTel's expense within three (3) day's notice from the Town, and in any event, upon termination of this Lease. All damage caused by removal shall be repaired at CenturyTel's expense, pursuant to Section 6.9. 6.12 Municipal Facilities Access. 6.12.1 CenturyTel shall have 24 x 7 access to the Leased Facilities by means reasonably designated by the Town in order to install, operate, and maintain its Network Facilities. 6.12.2 The Town retains full access to the Leased Facilities as the Town may deem necessary at all reasonable times to examine and inspect the Leased Facilities for safety reasons, to repair the Leased Facilities, to post notices or to ensure that the CenturyTel's covenants are being met. The Town may erect scaffolding or other structures where reasonably required by the work to be performed providing that CenturyTel's use of the Leased Facilities is not unreasonably impaired, and CenturyTel waives any claims for damages, injury or inconvenience to or interference with CenturyTel's business, any loss of occupancy or quiet enjoyment of the Leased Facilities, and any other loss occasioned thereby. Entry obtained by the Town by any reasonable means shall not under any circumstances be construed or deemed to be forcible or unlawful entry into or detainer of the Leased Facilities, or an eviction of the CenturyTel from the Leased Facilities or any portion thereof. The Town shall not be liable for admitting by passkey or refusing to admit to the Leased Facilities, CenturyTel, its agents, employees or other persons claiming right of entry. 6.12.3 CenturyTel shall provide the Town with a key to any of CenturyTel's locks used on the Municipal Facilities. If the Town in its sole discretion issues any keys to the Municipal Facilities to CenturyTel, CenturyTel shall pay a reasonable key deposit to the Town, and/or pay to the Town the reasonable cost of re-keying, replacing and/or modifying the Town's locks on the Facilities when solely required because of CenturyTel's use of the Facilities. 6.13. Alterations, Additions, Improvements and Equipment Upgrades. CenturyTel shall not make or allow to be made any material alterations, additions or improvements to or of the Municipal Facilities or any part thereof without first obtaining the written consent of the Town. If the Town consents, all alterations, additions or improvements shall be made at CenturyTel's sole expense. CenturyTel may update or replace the Network Facilities from time to time with the prior written approval of the Town, provided that the replacement facilities are not greater in number or size than the existing Network Facilities and that any change in their location in the is approved in writing by the Town. CenturyTel shall submit to the Town a detailed proposal for any replacement facilities and any supplemental materials, as may be requested, for the Town's evaluation and approval. No equipment upgrade or replacement may be undertaken without an interference review and written approval of the Town prior to the installation. The Town shall not TMOF Page 9 of 20 and binding on CenturyTel. If in the opinion of the engineer or architect the stress or strain may endanger or injure the building or structure, or any part thereof, CenturyTel agrees to immediately relieve the stress or strain by lightening the load in a manner reasonably satisfactory to the Town. 6.11 Signs and other Markings. CenturyTel shall not without the Town's prior written consent, place any marks, signs, advertisements, notices, decorations, or any other devices or attachments in or on the Municipal Facilities or the Municipal Right of Ways. Any such device placed on the Municipal Facilities or Municipal Right of-Ways with the Town's consent shall be removed by CenturyTel at CenturyTel's expense within three (3) day's notice from the Town, and in any event, upon termination of this Lease. All damage caused by removal shall be repaired at CenturyTel's expense, pursuant to Section 6.9. 6.12 Municipal Facilities Access. 6.12.1 CenturyTel shall have 24 x 7 access to the Leased Facilities by means reasonably designated by the Town in order to install, operate, and maintain its Network Facilities. 6.12.2 The Town retains full access to the Leased Facilities as the Town may deem necessary at all reasonable times to examine and inspect the Leased Facilities for safety reasons, to repair the Leased Facilities, to post notices or to ensure that the CenturyTel's covenants are being met. The Town may erect scaffolding or other structures where reasonably required by the work to be performed providing that CenturyTel's use of the Leased- Facilities is not unreasonably impaired, and CenturyTel waives any claims for damages, injury or inconvenience to or interference with CenturyTel's business, any loss of occupancy or quiet enjoyment of the Leased Facilities, and any other loss occasioned thereby. Entry obtained by the Town by any reasonable means shall not under any circumstances be construed or deemed to be forcible or unlawful entry into or detainer of the Leased Facilities, or an eviction of the CenturyTel from the Leased Facilities or any portion thereof. The Town shall not be liable for admitting by passkey or refusing to admit to the Leased Facilities, CenturyTel, its agents, employees or other persons claiming right of entry. 6.12.3 CenturyTel shall provide the Town with a key to any of CenturyTel's locks used on the Municipal Facilities. If the Town in its sole discretion issues any keys to the Municipal Facilities to CenturyTel, CenturyTel shall pay a reasonable key deposit to the Town, and/or pay to the Town the reasonable cost of re-keying, replacing and/or modifying the Town's locks on the Facilities when solely required because of CenturyTel's use of the Facilities. 6.13. Alterations, Additions, Improvements and Equipment Upgrades. CenturyTel shall not make or allow to be made any material alterations, additions or improvements to or of the Municipal Facilities or any part thereof without first obtaining the written consent of the Town. If the Town consents, all alterations, additions or improvements shall be made at CenturyTel's sole expense. CenturyTel may update or replace the Network Facilities from time to time with the prior written approval of the Town, provided that the replacement facilities are not greater in number or size than the existing Network Facilities and that any change in their location in the is approved.in writing by the Town. CenturyTel shall submit to the Town a detailed proposal for any replacement facilities and any supplemental materials, as may be requested, for the 'Town's evaluation and approval. No equipment upgrade or replacement may be undertaken without an interference review and written approval of the Town prior to the installation. The Town shall not MOOF Page 9 of 20 unreasonably withhold such approval. Upon termination of this Agreement, CenturyTel at its sole cost and expense shall remove any alterations, additions, improvements or equipment upgrades and shall repair with all due diligence and at its sole cost and expense any damage to the Municipal Facilities caused by removal. 6.14 As - Built Drawings. Within forty-five (45) days after commencement of the Services, . CenturyTel shall provide the Town with as-built drawings of the Network Facilities and the improvements installed on the Municipal Facilities, which show the actual location of all Network Facilities, equipment and improvements consistent with Exhibit C. The as-built drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Network Facilities. 6.15 Maintenance. 6.15.1 CenturyTel shall, at its own expense, maintain the Municipal Facilities it utilizes and any Network Facilities on or attached to the Municipal Facilities or located in Municipal Right of Way in a safe condition, in good repair and in a manner suitable to the Town so as not to conflict with any other use of the Municipal Facilities by the Town. Subject to Section 16.2, CenturyTel shall not interfere with such Town use of the Municipal Facilities or use by other authorized entities. 6.15.2 CenturyTel shall have sole responsibility for the maintenance, repair, and security of its Network Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 6.15.3 In the event the Town undertakes painting, construction or other alterations in any Municipal Facilities, the Town shall take reasonable measures at no cost to CenturyTel, to cover or protect CenturyTel's Network Facilities from paint and debris fallout which may occur during the painting, construction or alteration process. 6.15.4 At all times during the term of this Agreement, the Town reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the Municipal Right of Ways or Municipal Facilities in connection with its operations as may be necessary, including to facilitate leasing parts of the Municipal Facilities to others. The Town shall have no duty to make repairs to the Municipal Right of Ways or Municipal Facilities until CenturyTel has given written notice to the Town of the repairs to be made or the condition to be corrected. The Town shall have no liability for failure to make any repair required of it if the repair is completed within a reasonable time following the notice from CenturyTel. The Town shall not be required to make any repair it deems, in its reasonable discretion, to be economically unwise. 6.15.5 If the Town elects to make modifications or repairs or work of any other kind to the Municipal Facilities, CenturyTel shall pay any additional cost for work caused solely by the presence of CenturyTel's Network Facilities on the Municipal Facilities ("Additional Cost"). The Additional Cost shall be the difference between competitive bids obtained by the Town from responsible contractors to perform the work, and bids to perform the work as though the Network Facilities were not present at the Municipal Facilities. As an alternative to payment of Additional Cost, CenturyTel may elect to temporarily remove or relocate its Network Facilities or any portion thereof from the Facilities at no cost to the Town; CenturyTel shall provide notice to the Town of any such election. 6.16 Approvals; Compliance with Laws. CenturyTel's use of the Municipal Facilities and Municipal Right of Way is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. CenturyTel shall erect, maintain and operate its Network Facilities in accordance with site standards, statutes, ordinances, rules and regulations now in tOWWffF Page 10 of 20 effect or that may be issued thereafter by the FCC or any other federal, state or local governing bodies. 7. OWNERSHIP OF THE NETWORK. CenturyTel shall have and retain ownership of the Network and no portion of the Network shall become a fixture unless CenturyTel expressly agrees otherwise in writing. CenturyTel shall have and retain ownership of all intellectual property rights and ownership of all documents, data, studies, surveys, maps, models, photographs, designs, diagrams, equipment, software, reports or other materials prepared by CenturyTel or its contractors relating to this Agreement, the Network or the Services. 7.1 Bankruptcy/Change of Control or Ownership. If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act shall be filed by or against CenturyTel, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare CenturyTel insolvent or unable to pay CenturyTel's debts, or CenturyTel makes an assignment for the benefit of its creditors, or a trustee or receiver is appointed for CenturyTel or for the major part of CenturyTel's propert y, the Town may, if it so elects but not otherwise, and with or without notice of such election or other action by the Town, forthwith terminate this Agreement. 8. NUISANCE, WASTE, HAZARD. CenturyTel shall not create or permit 'to be created any condition which would: constitute a nuisance or hazard; permit any use of Municipal Facilities for any purpose that would violate applicable Laws; impair the strength or durability of any structure; or be dangerous to persons, or property. CenturyTel shall not store gasoline or other highly combustible materials on the Municipal Facilities at any time. CenturyTel shall not use the Municipal Facilities in such a way or for such a purpose that the fire insurance rate on the buildings in which the Network Facilities are located is thereby increased or that would prevent the Town from taking advantage of any ruling of the Insurance Services Offices'of Colorado, or its successors, which would allow the Town to obtain reduced premium rates for long term fire insurance policies. 8.1 Compliance with Environmental Laws. CenturyTel, at CenturyTel's own expense, shall comply with all laws regulating the use, generation, release, manufacture, refining, production, handling, processing, storage, transportation or disposal of Hazardous Substances. CenturyTel shall not cause or permit to occur any violation of any federal, state or local law, ordinance or regulation now or hereafter enacted, related to environmental conditions at the Municipal Facilities, or arising from CenturyTel's possession or use of the Municipal Facilities, including but not limited to soil and groundwater conditions. 8.2 Release and Transportation. CenturyTel shall not cause or permit the use, generation, release, manufacture, refining, production, handling, processing, storage or disposal of any Hazardous Substances -on, under or about the Municipal Facilities, or the transportation to or from the Municipal Facilities of any Hazardous Substances. 8.3 Reporting. CenturyTel shall, at CenturyTel's sole expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities. CenturyTel shall promptly provide all information regarding the use, generation, storage, transportation, release, manufacture, refining, production, handling, processing or disposal of Hazardous Substances that is requested by the Town. IM* Page 11 of 20 8.4 Clean Up. If any governmental authority or third party.demands that a clean up plan be prepared and/or that a clean up be undertaken because of the release of any Hazardous Substances as a result of CenturyTel's use or occupancy of the Municipal Facilities, then CenturyTel shall at its own expense, prepare and implement the required plans and all financial assurances in accordance with applicable requirements. 8.5 Continuing Obligation. CenturyTel's obligations and liabilities under this section shall survive the expiration or termination of this Agreement. 9. INDEMNIFICATION AND WAIVER. CenturyTel agrees to indemnify, defend, protect, and hold harmless the Town, its elected and appointed officials, officers, and employees from and against any arid all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") to the extent such Losses directly or proximately result from CenturyTel's activities undertaken pursuant to this Agreement,. except to the extent arising from or caused by (a) the negligence or willful misconduct of the Town, its elected and appointed officials, officers, employees, agents, or contractors, (b) Municipal Use or (c) a breach of this Agreement by the Town. 9.1 Waiver of Claims. CenturyTel waives any and all claims, demands, causes of action, and rights it may assert against the Town on account of any loss, damage, or injury to any Network Facilities as a result of Force Majeure or any loss or degradation of the Services as a result of Force Majeure. 10. INSURANCE. CenturyTel shall obtain and maintain at all times during the term of this Agreement the following: 10.1 Commercial General Liability Insurance protecting CenturyTel in an amount not less than Two Million Dollars ($2,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than Five Million Dollars ($5,000,000) annual aggregate for each personal injury liability and products-completed operations. The Commercial General Liability insurance policy shall name the Town, its elected and appointed officials, officers, and employees as additional insured as respects any covered liability arising out of CenturyTel's performance of work under this Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Such insurance shall not be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the Town has received at least thirty (30) days' advance written notice of such cancellation or change. CenturyTel shall be responsible for notifying the Town of such change or cancellation. 10.2 Workers Compensation. CenturyTel shall at all times provide workers compensation coverage in compliance with Colorado law. 10.3 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, CenturyTel shall file with the Town the required original certificate(s) of' insurance with endorsements, which shall state the following: MWOF Page 12 of 20 (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) that the Town shall receive thirty (30) days' prior written notice of cancellation; (c) that CenturyTel's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the Town may possess, including any self-insured retentions the Town may have; and any other insurance the Town does possess shall be considered excess insurance only and shall not be required to contribute said insurance; and (d) that CenturyTel's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the Town. The certificate(s) of insurance with endorsements and notices shall be mailed to the Town at the address specified in Section 11 below. 10.4 Insurer Criteria. Any insurance company of CenturyTel shall be authorized to do business in the State of and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of $10,000,000 to $25,000,000. 10.5 Bond/Letter of Credit. Within thirty (30) days after the Effective Date of this Agreement, CenturyTel shall provide a surety bond, letter of credit, or other security reasonably acceptable to the Town to ensure the faithful performance of its responsibilities under this Agreement and applicable Laws to construct/install its Network in accordance with this Agreement. During initial construction and installation, the amount of the surety bond or letter of credit shall be Three Hundred and Fifty Thousand dollars ($350,000). After completion of installation of the Network, the bond or letter of credit shall be reduced to Fifty Thousand dollars ($50,000), and shall remain in effect during the Term of this Agreement. CenturyTel may be required to obtain additional bonds, such as generally applicable construction bonds, in accordance with the Town's ordinary practices. The bond shall be in a form and with a surety reasonably acceptable to the Town's Risk Manager and in a form reasonably acceptable to the Town Attorney. CenturyTel shall pay all premiums or costs associated with maintaining the bond(s), and shall keep the same in full force and effect at all times during the construction process. 11. NOTICE. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. 'mail or by overnight delivery service as just described, addressed as follows: If to the Town: Ron Braden Information Technology Director Town of Vail 75 South Frontage Road Vail, Colorado 81657 970-479-2154 Voice 970-479-2248 Fax rbraden(dvailaov.com imx vx ). Page 13 of 20 (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) that the Town shall receive thirty (30) days' prior written notice of cancellation; (c) that CenturyTel's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the Town may possess, including any self-insured retentions the Town may have; and any other insurance the Town does possess shall be considered excess insurance only and shall not be required to contribute said insurance; and (d) that CenturyTel's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the Town. The certificate(s) of insurance with endorsements and notices shall be mailed to the Town at the address specified in Section 11 below. 10.4 Insurer Criteria. Any insurance company of CenturyTel shall be authorized to do business in the State of and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of $10,000,000 to $25,000,000. 10.5 Bond/Letter of Credit. Within thirty (30) days after the Effective Date of this Agreement, CenturyTel shall provide a surety bond, letter of credit, or other security reasonably acceptable to the Town to ensure the faithful performance of its responsibilities under this Agreement and applicable Laws to construct/install its Network in accordance with this Agreement. During initial construction 'and installation, the amount of the surety bond or letter of credit shall be Three Hundred and Fifty Thousand dollars ($350,000). After completion of installation of the Network, the bond or letter of credit shall be reduced to Fifty Thousand dollars ($50,000), and shall remain in effect during the Term of this Agreement. CenturyTel may be required to obtain additional bonds, such as generally applicable construction bonds, in accordance with the Town's ordinary practices. The bond shall be in a form and with a surety reasonably acceptable to the Town's Risk Manager and in a form reasonably acceptable to the Town Attorney. CenturyTel shall pay all premiums or costs associated with maintaining the bond(s), and shall keep the same in full force and effect at all times during the construction process. 11. NOTICE. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. 'mail or by overnight delivery service as just described, addressed as follows:. If ,to the Town: Ron Braden Information Technology Director Town of Vail 75 South Frontage Road Vail, Colorado 81657 970-479-2154 Voice 970-479-2248 Fax rbradenevailaov.com 0. IMPage 13 of 20 with a copy to: Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 If to CenturyTel: Street address: General, Manager CenturyTel 620 Red Table Drive Gypsum, CO 81637 970.328.8244 voice 970.328.8241 fax Mailing address: General Manager CenturyTel P.O. Box 570 Eagle, CO 81631 970.328.8244 voice 970.328.8241 fax with a copy to: Associate General Counsel CenturyTel 805 Broadway Vancouver, WA 98660 360.905.6993 voice 360.905.5953 fax 11.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 12. AMENDMENT OF AGREEMENT. This Agreement may not be amended except pursuant to a written instrument. signed by both parties. 13. TERMINATION. This Agreement may be terminated by either party upon sixty (60) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default (or, if such default is not curable within sixty (60) days, if the defaulting party fails to commence such cure within sixty (60) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be thirty (30) days from receipt of notice. Except as expressly provided herein, the rights granted under this Agreement are irrevocable during each term. Notwithstanding any other provision of this Agreement, CenturyTel may terminate this Agreement without 710 Page 14 of 20 penalty in the event all permits, consents and authorizations reasonably necessary for the construction and operation of the Network have not been obtained by CenturyTel within one hundred and eighty (180) days after the Effective Date. 14. ASSIGNMENT/TRANSFER/CHANGE OF CONTROL. This Agreement shall not be assigned or transferred by CenturyTel without the express written consent of the Town. The Town's consent shall also be required for any change of control of CenturyTel. For purposes of this Section, "change of control" shall mean any action which results in a change in the actual day to day management and operational control of CenturyTel. With respect to any consent required by the Town, such consent shall not be unreasonably withheld, conditioned, or delayed. CenturyTel shall cooperate with the Town and shall make available any information reasonably requested by the Town in order to assist the Town in evaluating a proposed assignment, transfer or change of control. Notwithstanding the foregoing, the transfer of the rights and obligations of CenturyTel hereunder to a parent, subsidiary, successor, or affiliate shall not be deemed an assignment for the purposes of this Agreement. 15. NO OTHER WARRANTIES; LIMITATION OF LIABILITY EXCEPT FOR THE WARRANTIES PROVIDED IN SECTION 16.8, ALL PRODUCTS, SERVICES, AND INFORMATION PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS IS." CENTURYTEL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT. NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, LACK OF NEGLIGENCE, TITLE, QUIET EN30YMENT, AND NON-INFRINGEMENT. EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS SECTION 15, BUT NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, CENTURYTEL'S LIABILITY TO THE TOWN FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ITS TERMINATION OR EXPIRATION, OR ANY USE OF OR INABILITY TO USE ANY PRODUCTS OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCTS LIABILITY, TRADE USAGE, OR OTHERWISE, WILL IN NO CASE EXCEED, IN THE AGGREGATE, ONE HUNDRED THOUSAND DOLLARS ($100,000.00). IN NO EVENT SHALL CENTURYTEL OR THE TOWN BE LIABLE TO THE OTHER FOR LOST PROFITS, LOST REVENUES, INTERRUPTION OF GOVERNMENT OPERATIONS, OR LOSS OF SERVICE, PRIVACY, DATA SECURITY OR INTEROPERABILITY, OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. The limitations of liability in this Section 15 shall not apply with respect to the obligations of CenturyTel under Section 9, and the limitation of liability in the first sentence of the immediately preceding paragraph shall not apply to bodily injury damages, damage to tangible personal property or liability under Section 8. 16. MISCELLANEOUS PROVISIONS. 16.1 Nonexclusive Agreement. CenturyTel understands that this Agreement does not provide CenturyTel with exclusive use of the Municipal Right of Way or any tMaF Page 15 of 20 Municipal Facility and that Town shall have the right to permit other providers of communications services to install equipment or devices in the Municipal Right of Way and on Municipal Facilities, subject to the provisions of this Agreement, including without limitation Section 16.2. 16.2 Non-interference. The Network shall not cause interference to any pre- existing networks or network facilities within the Town, and if any such interference is identified, CenturyTel shall take reasonable steps to correct such interference within a reasonable period of time. At such time as the Town enters into an agreement with any other person or entity utilizing Municipal Facilities or Municipal Rights of Way for deployment of a communications network, the Town shall impose the same non-interference requirement. With respect to the 4.9 MHz public safety communications network, the Network shall not cause interference with the Town's or any other governmental entity's public safety communications network. If such interference is identified, upon notification to CenturyTel, CenturyTel shall immediately commence any action necessary to eliminate such interference. Should the Network interference issues not be resolved within a period of time reasonably determined by the Town to protect the public health and safety, the Town may take such actions as it deems reasonably necessary to restore the operability of the public safety communications network(s), including if necessary, the shutting down of any interfering Network Facilities. At such time as the Town enters into an agreement with any other person or entity utilizing Municipal Facilities or Municipal Rights of Way for deployment of a communications network, the Town shall impose the same non-interference requirement. 16.3 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any, subsequent breach or violation of the same or any other provision of this Agreement. 16.4 Severability of Provisions. If anyone or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Agreement. 16.5 Contacting CenturyTel. CenturyTel shall provide the Town 24x7 live access for the reporting of problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Network Facilities. Additionally a contact list will be provided for escalation of any unresolved issues. 16.6 Governing Law; Jurisdiction; Attorney Fees. This Agreement shall be governed and construed by and in accordance with the laws of the State of Colorado, without reference to its conflicts of law principles. If a party brings suit to enforce this Agreement, or, subject to Section 15, to recover damages for any violation, the parties agree that trial of such action shall be vested exclusively in the courts of Eagle County Colorado, or in the federal Court in the State of Colorado having jurisdiction over the dispute. If any suit or action is instituted or prosecuted to interpret or enforce any provision of this Agreement, the prevailing Party in such suit or action shall be entitled to recover from the other Party costs, expenses and reasonable attorney fees incurred by such prevailing Party in connection with such 7DWNUFY.4?iJ Page 16 of 20 suit or action, in addition to all other sums allowed by law and this Agreement, both at trial and on appeal. 16.7 Consent Criteria. In any case where the approval or consent of one Party hereto is required, requested or otherwise to be given under this Agreement (other than discretionary consent), such Party shall not unreasonably delay, condition, or withhold its approval or consent. 16.8 Representations and Warranties. 16.8.1 Representations and Warranties by the Town. The Town, represents, warrants, and covenants that (a) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal and binding obligation, enforceable against the Town in accordance with its terms and applicable Laws; (b) the Town has all necessary power and authority to execute and to perform in accordance with this Agreement, and all required authorizations have been obtained (except to the extent authorization or permission is required pursuant to Section 3.2 above with respect to third-party property); and (c) the Town's execution, delivery and performance of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which the Town is subject, or any agreement or other obligation directly or indirectly applicable to the Town. The Town also represents, warrants, and covenants that the IRU Fibers leased to. CenturyTel pursuant to this Agreement constitute excess capacity that is insubstantial in relation to the capacity that the Town uses for its own purposes and that such excess capacity has been made available for purchase or use by any private provider in a nondiscriminatory, nonexclusive, and competitively neutral manner. 16.8.2 Representations and Warranties by CenturyTel. CenturyTel represents, warrants, and covenants that (a) this Agreement has been duly and validly executed and delivered by CenturyTel and constitutes a legal and binding obligation, enforceable against CenturyTel in accordance with its terms; (b) CenturyTel has all necessary power and authority to execute and to perform in accordance with this Agreement, and all required authorizations have been obtained (except to the extent authorization or permission is required pursuant to Section 3.2 above with respect to third-party property); (c) the Network shall be constructed and shall operate in substantial conformance with applicable specifications in all material respects; and (d) CenturyTel's execution, delivery and performance of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which CenturyTel is subject, or any agreement or other obligation directly or indirectly applicable to CenturyTel. 16.9 Independent Contractor. CenturyTel warrants and agrees that it is engaged in an independent business and that it and its employees and agents will perform under this Agreement as independent contractors and not as agents or employees of the Town. Nothing in this Agreement or any agreement entered into in furtherance of this Agreement shall create any contractual relationship or liabilities between any agent or subcontractor and the Town. The Town understands that CenturyTel is in the business of providing Network Services, and nothing in this Agreement shall (i) preclude CenturyTel from entering into agreements with any other third party to market or sell the Services described herein or any other services or (ii) limit in any way CenturyTel's ability to use or allow use of the Network or Network Facilities for any activity, purpose or service, including without limitation any advanced service, TMOVA Page 17 of 20 cable television service, information service or telecommunications service, so long as such activity, purpose or service is provided consistent with applicable Laws. 16.10 Confidentiality. CenturyTel acknowledges that third persons may claim that confidential information CenturyTel submits to the Town hereunder may be, by virtue of its possession by the Town, a public record and subject to disclosure. Subject to the Colorado Open Records Act, as amended, and the following conditions, the Town agrees not to disclose, and to safeguard the confidentiality of, any information CenturyTel submits to the Town that (a) includes a written request for confidentiality and specifically identifies the information to be treated as confidential, or (b) is marked confidential or proprietary. If a third party makes an open records request for information that the CenturyTel has submitted in confidence, the Town shall notify CenturyTel of the request. The Town agrees not to disclose any information submitted in confidence until a final order from a court or agency having authority to issue such order shall have been issued, and any such disclosure shall be the minimum necessary to comply with such order. CenturyTel shall indemnify and reimburse the Town for any reasonable attorney fees incurred in maintaining the confidentiality of CenturyTel's information pursuant to this Section. The Town and its officers and employees shall have no liability of CenturyTel for the disclosure of confidential information to the extent a court or agency orders the Town to do so. Upon expiration or termination of this Agreement, the Town shall return to CenturyTel all CenturyTel confidential information that has been provided to or otherwise received by the Town, and the Town shall not retain copies of such CenturyTel confidential information. Alternatively, the Town may destroy such confidential information, and certify to CenturyTel this fact in writing. To the extent the Town has made or prepared evaluations, notes or other materials regarding this Agreement or any subject or matter relating hereto based in whole or in part on any CenturyTel confidential information, the Town shall destroy all such materials, including any copies, and shall furnish to CenturyTel a duly executed certificate attesting to such destruction. 16.11 Force Majeure. If either Party's ability to perform any of its obligations under this Agreement is prevented, restricted or delayed because of unforeseen circumstances beyond that Party's reasonable control, including but not limited to an act of God, war, terrorism, riot, embargo, strike, epidemic, act of civil or military authorities, third-party attack, fire, flood, avalanche, or earthquake (a "Force Majeure"), the Party will be excused from performance of such obligation to the extent and for the duration of such prevention, restriction or delay. The Party so affected will give the other Party prompt notice of the Force Majeure, including the probable duration thereof, and will promptly notify the other Party when the Force Majeure has ended. During the Force Majeure, the affected Party will use reasonable efforts to avoid, reduce or eliminate the Force Majeure prevention, restriction or delay of its performance of its obligations under this Agreement. 16.12 Captions. The captions in this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 16.13 Injunctive Relief. Each Party acknowledges and agrees that the other Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each Party agrees, that the other Party shall be entitled ID?IYffY Page 18 of 20 to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the provisions of this Agreement. 16.14 No Third Party Rights. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon or give to any person or entity other than CenturyTel, its affiliates, and the Town any rights, remedies, or other benefits under or by reason of the Agreement or otherwise give rise to any cause of action by any person or entity not a Party hereto. Without limiting the generality of the immediately preceding sentence, no user of Services shall have any rights, remedies, or other benefits under or by reason of this Agreement. 16.15 No Waiver of Immunities. Nothing in this Agreement shall be construed as limiting or waiving any of the rights and immunities that state or federal law grants to CenturyTel and its affiliates. Nothing in this Agreement shall be construed as limiting or waiving any of the rights and immunities of the Town under the Colorado Governmental Immunity Act, or any other state, federal or local law. 16.16 Specific Performance. Each Party acknowledges and agrees that the other Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each Party agrees that the other Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the provisions of this Lease in any state or federal court described in Section 16.6. 16.17 No Multi-year Fiscal Obligation. Nothing contained herein shall be construed to constitute a multi-year fiscal obligation in violation of Article X, Section 20, of the Colorado Constitution. 16.18 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement that are not fully expressed herein. In witness whereof, and in order to bind themselves legally to the terms and conditions of this Agreement, the duly authorized representatives of the parties have executed this Agreement as of the Effective Date. Town of Vail, a Colorado municipal corporation. l By: Title v %;w.,, Date: ma), CenturyTel Broadband Services, LLC, a Louisiana limited liability company.. (__? L By: W Title: o G Date: ?/ c /4 Page 19 of 20 This page intentionally left blank. IM OF Page 20 of 20 Exhibit A f Node:_T_xQe {, . Lat. ; Lona r AGI; < { z;` Nates_: 100 Vail Road Triband 39.63988 106.37669 12 Mount to light pole Aspen Lane pole Triband 39.64669 106.32638 20 Pole Mount Photocell Beuhfer Creek Park Triband 39.63309 106.41407 12 Mount to light pole ,Booth Creek Park Triband 39.64804 106.32472 20 Pole Mount Photocell Booth Falls Triband 39.64759 106.32198 20 Pole Mount Photocell Chamonix Bus Stop Triband 39.62514 106.42442 12 Mount to light pole Columbine Drive Triband 39.63722 106.29807 20 Pole Mount Photocell Crossroads Triband 39.64211 106.37602 8 Mount to light pole Daycare Triband 39.64535 106.37873 12 Pipe fastened to wall Donovan Pavilion Triband 39.63486 106.40801 30 Pipe bolted to roof top Falls At Vail Bus Stop Triband 39.64505 106.30714 20 Pole Mount Photocell Ford Park south entrance Triband 39.63846 106.36603 12 Mount to light pole Glen Lyon Bus stop Triband 39.64101 106.39717 12 Install pole & mount Golf course restrooms 13th tee Triband 39.64586 106.33215 15 Non-Penetrating roof mount Gorsuch Triband 39.64076 106.37321 12 Pedistrian mall Hanson Ranch Triband 39.64011 106.37321 12 pole exists House at 142 Triband 39.64272 106.38054 12 Mount to light pole Ice Rink Triband 39.64413 106.38438 50 Pipe fastened to wall Int'I Bridge Triband 39.6412 106.37571 16 Mount to light pole Kinninick Bus Stop Triband 39.61892 106.42842 12 DBS Arm LH across VA warehouse Triband 39.64285 106.3934 12 Mount to light pole LH Arabelle West Triband 39.64376 106.38955 12 Mount to light pole LH Arrabelle Park Triband 39.64392 106.38892 12 Mount to light pole LH Bart Yetis Triband 39.64377 106.38809 12 Mount to light pole LH Bus Stop Triband 39.64373 106.38712 20 Pipe fastened to wall LH Double Diamond Triband 39.64349 106.38794 12 Mount to light pole LH East Parking Triband 39.64424 106.38518 .30 Pipe fastened to wall LH 1-70 Triband 39.6448 106.38916 12 Mount to light pole LH Lion Square Triband 39.64284 106.38976 12 Mount to light pole LH Marriott East Triband 39.64299 106.3906 12 Mount to light pole LH Marriott North Triband 39.64318 106.39155 12 Mount to light pole L rriott West Triband 39.64285 106.39238 12 Mount to light pole Exhibit A LH Middle Parking Triband 39.64434 106.38592 30 Pipe fastened to wall LH Moe's Triband 39.64411 106.38988 12 Mount to light pole LH West Lionshead Plaza Triband 39.6437 106.39055 12 Mount to light pole Los Amigos Triband 39.63986 106.37356 12 Pedistrian mall Marriott Streamside Triband 39.62827 106.41908 16 Mount to light pole Meadow Creek Triband 39.62001 106.42795 12 Mount to light pole Mid Vail roundabout Triband 39.64333 106.37674 20 Mount to light pole Middle Creek Bus stop Triband 39.64558 106.38142 12 Mount to light pole Middle Creek Tower Triband 39.64591 106.38055 100 Custom Millrace Triband 39.63745 106.40401 16 Mount to light pole Pepi"s Triband 39.64086 106.37413 12 Pedistrian mall 'Pirate Ship Park Triband 39.63954 106.37306 16 Pedistrian mall Pitkin Creek Park Bus Stop Triband 39.64201 106.30511 20 Pole Mount Photocell Popcorn Wagon Triband 39.64008 106.37388 12 Pedistrian mall - requires Pole Public Works Triband 39.64238 106.35706 50 Pipe fastened to wall Rec Center Triband 39.64024 106.36357 20 Pipe-fastened to wall Sandstone School bus stop Triband 39.6456 106.39028 20 Mount to light pole Secret Garden Triband 39.64211 106.3766 12 Pedistrian mall Spraddle Creek Triband 39.64429 106.37346 12 Mount to light pole 'Streamside Circle Triband 39.63327 106,29141 15 Pole Mount Photocell Sunburst Bus stop Triband 39.64123 106.34939 20 Mount to light pole The Wren Triband 39.64186 106.3689 12 Mount to light pole Timber Ride Triband 39.63921 106.40397 12 Mount to light pole Tivoli Lodge Triband 39.64038 106.37081 12 Mount to light pole Vail Cascade Spa Triband 39.63829 106.40216 20 Mount to light pole Vail East Condos Bus Stop Triband 39.63894 106.30087 16 Pole Mount Photocell Vail Golf Club Triband 39.64157 106.34499 25 Non-Penetrating roof mount Vail Info Triband 39.64223 106.37321 35 Roof peak - DBS Arm Vail RC Triband 39.63083 106.28824 10 Custom Vail RC Bridge Triband 39.63092 106.28898 10 Custom Vail RC East pole Triband 39.63013 106.28638 10 Custom Vail Run Triband 39.64288 106.39701 12 Mount to light pole Vail Ski Club Triband 39.63846 106.36735 12 Mount to light pole Vail Valley Med Ctr Triband 39.64284 106.38336 16 Mount to light pole VTC Triband 39.6423 106.3744 12 Mount to light pole West Vail Lodge Bus Stop Triband 39.63051 106.41962 12 DBS Arm Exhibit A West Vail Mall Willow Park Triband 39.63086 106.41712 12 Triband 39.64075 106.37633 12 Node Tvp .g_Snacp Gateway Roof and building space Gateway Tower and Building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space Gateway Roof and building space DBS Arm Put up Pole near fence Location BigHorn Park Dowd Junction Fire Station #1 Firestation #2 Public Works East Public Works West Transportation Office - Visitor Centor Transportation Office East Transportation Office West Vail Community Development Building Vail Gymnastics Center Vail Library Vail Municipal Buildinq Fiber Connectivity - 2 strands between each of the following Site A and Site B locations Site A Site B Vail Municipal Building Vail Municipal Building Vail Municipal Building Vail Municipal Building Transportation Office West Vail Municipal Building Public Works East Vail Community Development Building Vail Library Firestation #2 Transportation Office West Transportation Office East Public Works East Public Works West Exhibit B Vail Locations Letter ._ .' ;S V .178 - z:=- ,(f0 ?. . .,0 ,r signore r f agift Nest MIC Vail 2t.- W!"Urn rtu t 2-? uW1YlO ?76b:5V7 Uc q:A1a::?o aML La a.iy an 111111b?MJ Ma.CwuN.:.-aallwnasw'4' . GXU.P6 MQ N,VtO -?1114 M -o:.M4+sli?Wa?oh owrhsrr R:4::4aibn?WU laO/b•MV41sMQwn4MW?cf tsr4G? Ot4~12W4 q lgM?n A. AJ1,iFa-Z Exhibit B ;2 9131 1 2 3 1 1 1 1 1 2 2 5 1 75 15 11 3 12 1 1 2 2 1 3 Exhibit C Device 700 Series Link Control AirPair 100;Standard Power;23 GHz FCC Band c;2' Antenna; Outdoor Modem Unit Dragonwave Install Kit Release 4 ODU Install Kit (N. America) Dragonwave Install Kit Release 4 ODU Install Kit (N. America) Dragonwave Install Kit Release 4 ODU Install Kit (N. America) Dragonwave100 23GHz SPARE KIT Linux Server LokBox 745 MicroMAX-SOC BSR Connectorised, 4.9GHz TDD, BSR490T-EXT-1 Pedistrain Mall Poles SkyControl SkyExtender TriBand SkyGATEWAY TriBand CTL SAP#1081590 SMART UPS SURTA5000RMXL T1 Router - Cisco 2620 Router 10/100 Ethernet Router WWP LightningEdge LE-311v WeatherEgg + Webcam SkyProvision Purcell Systems RAC352420 Lockable Secure Cabinet SNMP Battery Backup (small) Tower side Mounting Bracket 1.5GHz Mac mini (MA205LL/A) Console Server Other miscellaneous brackets, cables, lighting protectors, operating systems etc. costing less than $500 each. "Zi s EXHIBIT D, FIBER Or i iC FACILITIES The following provisions shall apply to the Fiber Optic Facilities, in addition to all other provisions of the Agreement. 1. Grant of IRU. The Town hereby grants to CenturyTel an indefeasible right to use the fiber strands provided,to CenturyTel by the Town as described below ("IRU Fibers") for the term of the Agreement ("IRU"). Legal title to the IRU Fibers shall remain with the Town. This IRU pertains to optical fibers enclosed in cable with no electronics attached (i.e., "dark" fiber optic strands). Except to the extent that any rights are applicable to the use of the IRU Fibers and/or the real property associated therewith ("Underlying Rights"), in no event shall CenturyTel have any rights to any portion of the Town's legal and equitable rights, if any, under any leases, license agreements, easements, right-of-way agreements, grants, and in any other land-use agreements of any kind or nature. 2. Acceptance and Testinq. The Town represents and warrants that the IRU Fibers were constructed in accordance with accepted industry standards. CenturyTel may, at its discretion, promptly test all IRU Fibers to ensure that the IRU Fibers comply with the following specifications: (i) manufacturer standards; and (ii) signal loss of no more than .25 db per kilometer ("Fiber Specifications"). In the event the results of the tests of the IRU Fibers show the IRU Fibers not to be operating in accordance with the. Fiber Specifications, CenturyTel shall notify the Town that the IRU Fibers are unacceptable within thirty (30) days following receipt of such fiber acceptance testing reports. Thereupon, the Town shall expeditiously take such action as shall be reasonably necessary to bring the operating standards of such IRU Fibers within such parameters. After taking such actions and re-testing of the IRU Fibers, the Town shall provide CenturyTel with a copy of the new test results and CenturyTel shall again have the right to conduct its own fiber acceptance testing as set forth above. The cycle described above of testing, taking corrective action and retesting shall take place as many times as necessary to ensure that the IRU Fibers operate in accordance with the Fiber Specifications. 3. Maintenance (a) The Town shall maintain and repair the IRU Fibers to ensure that during the term of this Agreement the IRU Fibers operate in accordance with the Fiber Specifications. . All costs of such maintenance and repair shall be paid in their entirety by the Town. (b) . Unscheduled Maintenance. Non-routine maintenance and repair of the IRU Fibers which is not included as part of the Town's regularly scheduled 49 maintenance ("Unscheduled Maintenance"), shall be performed by or under the direction of the Town and at the sole cost of the Town. Unscheduled Maintenance shall consist of: (i) "Emergency Unscheduled Maintenance" in response to an alarm identification by the Town's Network Control Center ("NCC"), notification by CenturyTel or notification by any third party of any failure, interruption or impairment in the operation of the IRU Fibers, or any event imminently likely to cause the failure, interruption or impairment in the operation of the IRU Fibers. In the event of such failure or interruption the Town shall be responsible for all activities required to restore full functioning of the IRU Fibers including, without limitation, location of faults, splicing and splice testing associated with any restoration, and procurement of replacement cable and other materials used in restoration. (ii) "Non-Emergency Unscheduled Maintenance" in response to any potential service-affecting situation to prevent any failure, interruption or impairment in the operation of the IRU Fibers. (c) The Town will commence repair as soon as reasonably possible after receiving notice of any interruption or failure of the IRU Fibers, and shall work diligently and in good faith to complete the Fiber repair; provided, however, that the parties acknowledge that the repairs may be delayed until completion of any needed repair or restoration work required by the electrical utility or others that is related to the interruption or failure of the IRU Fibers, in which event the Town shall provide CenturyTel notice of the delay and the anticipated time for the repairs or restoration work by the electrical utility or others. (d) Self-Help Riahts. If, at any time during the Term, the Town shall (i) fail to perform the maintenance services as required hereby and such failure has a material adverse effect on the use or operability of the IRU Fibers by CenturyTel for a period in excess of twenty-four (24) hours, or (ii) otherwise default under this Agreement and such default has a material adverse effect on the use or operability of the IRU Fibers by CenturyTel for a period in excess of twenty-four (24) hours, then CenturyTel shall be entitled, and the Town hereby authorizes CenturyTel, to access either the IRU Fibers for the, purpose of performing or having performed the maintenance services to remedy the specific failure under items (i) and (ii) above (such rights of CenturyTel, the "Self-Help Right"). CenturyTel hereby agrees that any such access shall be conducted only by qualified technicians and in accordance with the Town's existing procedures with respect to accessing such IRU Fibers or in any other commercially reasonable manner consistent with industry standards. In the event that CenturyTel exercises any Self-Help Right, (i) the Town shall provide all necessary cooperation and coordination with and assistance to CenturyTel that CenturyTel or its designee shall reasonably require in order to effectuate the Self-Help Right, and (ii) after CenturyTel has completed the maintenance services to remedy the specific failure under items (i) and (ii) above, CenturyTel shall thereafter have no further Self-Help Right and the. Town shall continue to perform all maintenance services thereafter. Notwithstanding anything to contrary contained herein, CenturyTel shall not exercise any Self-Help Rights before first notifying the Town of the Self-Help action to be taken, and the time and location of the activity. For the purposes of the immediately preceding sentence, and notwithstanding Section 11 of the Agreement, CenturyTel may notify the Town orally or by voice mail, e-mail or facsimile, and any such notice shall be effective upon 6 transmission. (e) Scheduled Maintenance. Any regularly scheduled maintenance of the Town which could result in any signal discontinuity in the IRU Fibers (such as the splicing of any fiber in the cable containing the IRU Fibers or any other physical movement or alteration of such cable) must be coordinated between the parties in advance. All such work must be scheduled after midnight and before 6:00 a.m. local time ("Planned Work Period"). Major IRU Fibers work, such as fiber rolls and hot cuts, will be scheduled for the Planned Work Period on weekends. The intent is to avoid jeopardy work on the first and last weekends of the month and high-traffic holidays. (f) The Town shall have qualified representatives on site any time the Town has reasonable advance knowledge that another person or entity is engaging in construction activities or otherwise digging within five (5) feet of the route of the IRU Fibers. 4. Relocation If the Town is required by its own action, inaction or the action or inaction of any other governmental or other authority to relocate any portion of the IRU Fibers for any reason, then the Town may, relocate such portion of the IRU Fibers without cost to CenturyTel. The Town shall give CenturyTel sixty (60) days prior notice of any such relocation, if possible, and shall have the obligation to proceed with such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to be used for such relocation; provided that any such relocation shall be constructed and tested in accordance with the Fiber Specifications and other construction requirements set forth herein. The Town shall deliver to CenturyTel updated as-builts with respect to any relocated facilities not later than one hundred eighty (180) days following the completion of such relocation. 5. Access The Town will provide CenturyTel with access to the IRU Fibers at any location along the route of the IRU Fibers as reasonably requested by CenturyTel, subject only to the requirements in the Underlying Rights and provided that such access points do not materially interfere with any Town facilities. 6. Use of IRU Fibers CenturyTel may use the IRU Fibers for any lawful purpose. CenturyTel shall not use any product or service that fails to comply with any applicable safety rules or that would cause the IRU Fibers or related facility of the Town to violate any state or federal environmental laws. CenturyTel shall have no limitations on the types of electronics or technologies employed to utilize the IRU Fibers subject to its use of commercially reasonable safety procedures and so long as such electronics or technologies do not interfere with the quiet use and enjoyment of or create any risk of damage to all or any portion of the IRU Fibers used by CenturyTel or any related facility of the Town. 162 7. Connection to IRU Fibers (a) If CenturyTel desires'to connect other fiber optic cables to the IRU Fibers or create connections with buildings or other structures along the IRU Fibers route, the Town will cooperate with CenturyTel for CenturyTel to acquire its own rights to land other than the rights of way of the IRU Fibers and, consistent with applicable law, the Town will place connecting facilities on the rights of way between the IRU Fibers and such adjoining properties. Such activity shall be at CenturyTel's sole cost and expense. Each such connection requested by CenturyTel requiring a cable containing the IRU Fibers to be entered will be performed by the Town at CenturyTel's sole expense. In order to schedule a connection of this type, CenturyTel shall contact the Town to undertake the work at least fourteen (14) days in advance of the date the connection is requested to be completed. Such work will be restricted to Planned Work Periods during weekends unless otherwise agreed to in writing for specific projects. (b) If CenturyTel desires to construct fiber to connect to the IRU Fibers, the Town agrees to allow CenturyTel or CenturyTel's agent meeting the Town's reasonable contractor qualification standards to perform such construction, consistent with applicable law. 8. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS EXHIBIT, THE AGREEMENT OR ANY OTHER EXHIBIT TO THE AGREEMENT, THE TOWN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE IRU FIBERS, CENTURYTEL'S FACILITIES AND SYSTEM, THE AVAILABLE CAPACITY OR ANY SERVICES OR PROPERTY FURNISHED UNDER THIS AGREEMENT. Except as expressly provided herein, CenturyTel agrees to look solely to the manufacturer of all materials and equipment subject to the grant of the IRU to CenturyTel hereunder for any recovery for claims of CenturyTel relating to such materials and equipment. The Town shall have no liability or responsibility for providing, maintaining or repairing CenturyTel's fiber lighting equipment or any other equipment or facilities of CenturyTel connected to the IRU Fibers, unless such damage is caused by acts of the Town and/or its agents or contractors. 9. Expiration of Term. At the expiration or termination of the Agreement, CenturyTel shall return the IRU Fibers to the Town, and shall be liable for any damage to the IRU Fibers caused by CenturyTel or its agents. All improvements or attachments to the IRU Fibers shall, unless agreed to in writing by the Town, be removed by CenturyTel at or before the expiration of the Agreement; provided, however, that such property may be removed without damage to the IRU Fibers. Any damage caused by removal will be the sole responsibility of CenturyTel. All improvements or attachments to the IRU Fibers that are not permitted to remain by the Town, and are not removed within thirty (30) days of expiration or termination shall become the property of Town. / / , Description of IRU Fibers: See Exhibit A (S MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: February 19, 2008 SUBJECT: Second reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to modify the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede 1. DESCRIPTION OF REQUEST The applicant, the Town of Vail, is requesting a second reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. The Vail Town Council can choose to approve, approve with modifications, or deny Ordinance No. 3, Series of 2008, on second reading. Based upon Staff's review of the criteria outlined in Section VI of the Planning and Environmental Commission memorandum dated December 10, 2007 and, the evidence and testimony presented, the Community Development Department recommends the Vail Town Council approve Ordinance No. 3, Series of 2008, subject to the findings noted in Section III of this memorandum. II. BACKGROUND On February 6, 2007, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail. The regulations remained vague regarding nonconforming structures and multiple ownership scenarios, relying on the regulations regarding compatibility of materials to guide decision-making. Following recent decisions by the Design Review Board to allow different roof covering materials under certain circumstances, the Vail Town Council instructed Staff to proposed text amendments to the regulations in order to clarify requirements and allow different roof covering materials under certain circumstances in two-family and multi-family dwellings. On December 10, 2007, the Planning and Environmental Commission reviewed proposed text amendments and recommended approval with modifications. On December 12, 2007, the Vail Town Council held a worksession on the proposed amendments. Councilmembers commented that they were in favor of the proposed text amendments, and asked that the Design Review Board be given some discretion in allowing compatible roofing materials. On February 5, 2008, the Vail Town Council unanimously voted to approve Ordinance No. 3, Series of 2008, upon first reading. III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approve Ordinance No. 3, Series of 2008, an ordinance to amend Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section VI of the Planning and Environmental Commission memorandum dated December 10, 2007, and the evidence and testimony presented. Should the Vail Town Council choose to approve these proposed text amendments, the Community Development Department recommends the Council make a motion to approve Ordinance No 3, Series of 2008, with the following findings incorporated: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendments further the general purpose of Title 14, the Development Standards Handbook, Vail Town Code; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IV. ATTACHMENTS A. Ordinance No. 3, Series of 2008 2 Attachment A ORDINANCE NO. 3 SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS A ROOF ASSEMBLIES OR CLASS A ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its December 10, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and Ordinance No. 3, Series of 2008 Attachment A WHEREAS, the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to clarify Chapter 14-10 to address structures that are not in compliance with the wildfire roofing regulations (Text that is to be deleted is striGI48A. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14-2-1 is hereby amended as follows: RIDGE: The uppermost, horizontal external angle formed by the intersection of two sloping roof planes. VALLEY: The internal angle formed by the intersection of two sloping roof planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi-family dwellings shall be required to have uniform roof covering materials, except when the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof assembly or Class A roof covering material, or structures with wood shake or wood shingles shall come into compliance as follows: Ordinance No. 3, Series of 2008 2 Attachment A a. Repair and maintenance of twenty-five (25) percent or more of the roof area of a single-family dwelling, a side of a two-family dwelling, or of an entire multiple-family dwelling within a twelve (12) month period, or fifty (50) percent or more of the total roof area in any time period shall require compliance of the entire roof of the single-family dwelling, the affected side of a two-family dwelling, or an entire multiple-family dwelling. b. All additions affecting roof area shall trigger compliance of the roof structure of a single-family dwelling, a side of a two-family dwelling, or the entire multiple-family dwelling, except for a one-time exemption of up to 500 square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to roofing regulations, and shall be deemed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side of a two-family dwelling, the other side may be required to reroof if the two sides have roof systems that share ridges or planes. Different materials on each side of the two-family dwelling may be permitted by the Design Review Board if the materials are deemed compatible, integral to the architectural style of the structure and share a valley or do not intersect. d. Developments with multiple structures: Upon reroofing a single structure that is part of a multi-structure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this Ordinance No. 3, Series of 2008 3 Attachment A i ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of February, 2008 and a public hearing for second reading of this Ordinance set for the 19th day of February, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: .Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19'h day of February, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2008 4 MEMORANDUM TO: Town Council FROM: Community Development Department and Chamonix Advisory Committee DATE: February 19, 2008 SUBJECT: Information Update Staff: Chamonix Site Master Plan Advisory Committee 1. PURPOSE The purpose of this update is to summarize progress made, to date, on the Chamonix Site Master Plan project and to present information, gathered from focus group meetings held on Thursday, February 7th, as well as, an overview of the neighborhood meeting held on Wednesday, February 13th I1. BACKGROUND On February 7, 2008, Staff and the consultant team held "focus group" meetings with the following groups: • Town Director Staff - town needs, co-uses and housing mix • Employee Housing - "target market", product mix and on-site amenities • Infrastructure and Public Works - transportation, utilities, drainage • Emergency Services - fire station programming, access and co-uses Focus group participants were "interviewed" to gather insight and information. The following lists highlight the comments, concerns and additional ideas expressed by focus group participants, to be considered in the design of the project: Directors Focus Group • Rental housing (for Town employees) should be considered, possibly in conjunction with Fire Dept. student/resident housing needs • Units (rental/for-sale) to be sized to accommodate all sizes of families • Chamonix and Wendy's parcels should be treated as one site/should be integrated to maximize use of property • Potential co-uses identified: cinder storage, Ambulance District sub- station, Police Dept. sub-station, public information/town services office and park-n-ride Emplovee Housinq Focus Group 0 Site should be 100% for-sale, deed restricted and "net-new" product • Target market is middle management. and young professionals - units to be sized and priced to attract and retain 'first time home buyers' to middle managers and higher income employees 2-3 bedroom units allow singles to stay and to grow into families • Site should be maximized for housing needs; landscaping and open areas should be for residents, not for (public) active recreational uses • Do not maintain pedestrian access through the site; provide additional circulation improvements around,the site • One covered/enclosed parking space per unit important; 2 spaces per unit desirable, with 2"d space as 'flex-use' or for storage • Parking for residents only; no excess parking for "commuters" or other co- uses i Potential financing/equity partners might be ERWSD, WMC, and other "larger' employers such as lodge and resort operators Emerqencv Services Focus Group Locate equipment and facilities for response personnel on ground level Double bays (stacked) may accommodate equipment and vehicle storage o Prevention and Response teams have different functions and needs Separate training/class rooms from conference rooms . Separate public/administrative spaces from Response team spaces Rental and 'for-sale' housing for full-time and students/residents to be separated from station Snow plow operations not an ideal co-use o Ambulance District may be interested in co-use/funding On February 13, 2008, the Town hosted a "neighborhood meeting" for the specific purpose of sharing information with the public about the Chamonix Site Master Plan project and to gather feedback regarding the project goals, objectives and parameters adopted by the Council. Comments received from the neighborhood representatives demonstrated general support for the project and specific project goals, including the goal to develop 100% 'for-sale', deed restricted housing, with a mix of 2-3 bedroom units on the site. Concerns and questions were expressed regarding potential impacts (noise) from the proposed fire station uses, as well as, access off of Chamonix Lane. Needs or suggestions to be considered in the design include improved pedestrian access (sidewalk) along Chamonix Lane, improving the intersection of Chamonix Lane and Chamonix Road, and allowing 1-story of height along Chamonix Lane to buffer existing neighborhood from 1-70 noise and visual impacts. III. NEXT STEPS At the next regular Town Council meeting, Staff will provide a complete summary of all comments generated from the neighborhood meeting, as well as, a synopsis of any recommended "revisions" or additional design considerations to be included in project goals and parameters, based on focus group and neighborhood input. This step will be completed prior to moving forward with any conceptual site design work being completed by the consultant team. 2%13/2008 Corey Swisher - Fwd: Commendation From: Mark Miller To: Corey Swisher Date: 2/7/2008 5:26 PM Subject: Fwd: Commendation' Corey ... here's another one for ht Council packet... Thanks!! Mark A. Miller, Fire Chief Vail Fire and Emergency Services 42 West Meadow Drive Vail, CO 81657 970-477-3474 cell - 970-470-9333 >>> "Gonzalez, Jose A. (WASD)" <FCF ..miamidade.eov> 2/5/2008 1:30 PM >>> Mr. Miller, Back in mid December of 2007 I was visiting the Town of Vail and I had an incident in which I needed emergency services for my 7 month old child. At this time I want to take the time and commend the fine gentlemen which came to our aid. These men were not only professional, but at the same time, they were compassionate, caring, friendly and above all, representing the true meaning of public service. I have been in the public sector for 19 years now, and if every public servant worked the way these gentlemen do, the word government would have a totally new meaning.. Thank god my son was OK in the long run, but to tell you the truth, at the beginning, I was supper nervous and these men manage to bring calm to a chaotic situation. The gentlemen involved in this commendation are the following: Vail Fire Department Engine 2 Cooter Ilse Dave Tom Talbot Rick Kundson Eagle County Ambulance Dan Cox Scott Harmsan 2/?13/200 Core Swisher -Twd: Commendation M_Pe 2, If possible, would like you to put a copy of this letter in each of there personnel file because even-though in the public sector we are just doing our job, these men in my opinion worked like a well oiled machine. If you need to contact me for anything, feel free to e-mail or call me at the numbers listed below. Sincerely, Jose A. Gonzalez New Business Supervisor 1 New Business Section Miami Dade Water & Sewer Dept. Office: 786-268-5201 Fax: 305-668-4296 "Delivering Excellence Every Day" 2/13/2008) Corey Swisher - Fwd: Letter to Vai Daily- R/ From: Mark Miller To: Corey Swisher Date: 2/7/2008 5:25 PM Subject: Fwd: Letter to Vail Daily Corey, Could you please see this makes it to the Council packet? Thanks!! Mark Miller Letter: Thanks for saving our home Lucy-Lynn Bauman & Dr Frank Manart Vail, CO Colorado February 5, 2008 page 1_.j I would like to express sincere gratitude and thanks to the East Vail Fire Department Station Team 1 for rescuing my home Feb. 2. Firefighters Jim Rubidue, Mitch Rams and Jim Jones went above and beyond their call to duty. Vail should be honored to have these good, rough men who perform their duties with swift actions, and no fears. Their missions are constantly demanding and hard. They safeguard the honor and prestige of not only Vail, but their country as well. They are fast, deployable, and in a constant state of readiness. The completion of unknown tasks without fear while ready to move at a moment's notice any time or anywhere is where they can be found. They are up front, and display the intestinal fortitude to complete the mission, where many are incapable and fail. Lastly, their humble natures, approachable manners and courtesy do not go unnoticed. These good, rough men who do not shirk duties, allow Vail to sleep safely in our beds at night.Thank you for saving my home. Mark A. Miller, Fire Chief Vail Fire and Emergency Services 42 West Meadow Drive Vail, CO 81657 970-477-3474 cell - 970-470-9333 TMWOFVNL Memorandum To: Town Council Stan Zemler, Town Manager From: -DAO Dwight Henninger, Chief of Police Date: February 12, 2008 Subject: Vail Pass Closure February 7-8, 2008 Department of Police As I am sure you are aware, Vail Pass was closed from 2:28 p.m. Thursday, February 7, until approximately 12:30 p.m. Friday, February 8. I recognize that we've all been fielding numerous complaints about the traffic back-up. To assist in your follow up conversations with the public, I wanted to let you know about the details of the incident and the actions that were taken. While the situation was extremely challenging, I want to assure you that town and state employees were doing their best to keep traffic moving. I will also assure you that we will continue to work towards improving our ability to manage such pass closures in the future. At 12:58 on Thursday there was a 5-vehicle traffic accident involving 2 semi-trucks at mile marker 177 eastbound on I-70, just west of the chain-up station. Ironically, this was at the same time as the start of the Pass Closure meeting that I had committed to convening during my last presentation to Council about our pass closure procedures. The meeting was well attended by CDOT, Colorado State Patrol, Town of Vail and a number of other stakeholders that are part of the response to a closure. The almost 40 people in attendance got to experience the difficulty caused by closures and we agreed to develop an I-70 emergency response plan for Eagle County as has been done in the counties east of us, which up until this time, has been resisted by CDOT. I am sure this planning process will take at least 6 months. We also agreed to develop better command and communications processes and systems for interface between the primary agencies. As a result of this accident, the eastbound I-70 traffic was rerouted to the Frontage Road eastbound and then back onto I-70 in East Vail. Then at 2:28 p.m. without warning, I-70 was closed at mile marker 180 (East Vail) due to white-out conditions and a number of trucks stuck on the pass. This caused a significant back-up on all of the roads from Main Vail to East Vail, which was not alleviated until well after 8 p.m. To add to this confusion, a truck driver who was_chaining up in Dowd Junction eastbound had a heart attack at 4:32 p.m. Due to the traffic, responders had a difficult time getting to his location; therefore, resources were sent from both east and west, which further compounded the situation. Eastbound traffic from the west was also erroneously being routed off the interstate at the West Vail Exit with the variable message sign (VMS) in West Vail, which disrupted the traffic flow on both Frontage Roads from West Vail to Mail Vail. CDOT controls the messages on this sign. Later, two semi-trucks blocked both lanes of eastbound I-70 for some unknown reason. Both the trucks blocking the road and the bad information on the VMS sign did not become immediately known to Vail personnel and caused significant back-ups. The combination of all of these issues and a very large number of trucks in the Vail area caused gridlock in the Main Vail area. As I have explained in the past, we have found that officers directing traffic in the roundabouts is generally ineffective, but when all directions are blocked the cars in the actual roundabouts can not move and it then requires that officer direct all cars on to any open roadways. This was done on the only roadway that was not blocked which was I-70 westbound. Additionally, traffic on I-70 westbound was stopped on the interstate in Avon for approximately one half hour to help relieve the gridlock. All of these measures did provide some relief for the gridlock. During the evening CDOT believed it would be able to open the pass around 8:30 p.m. The reopening occurred for about a half hour and a number of trucks were able to go east, but again the pass was closed due to the weather conditions. CDOT then decided the pass would be closed for the night. Three shelters were set up by the Salvation Army and Vail Mountain Rescue by 5:30 p.m. and eventually housed over 160 people and fed many more. The Vail parking structures were opened to the stranded motorists at no cost, an impact of approximately $25,000 in lost revenues for the 22 hour period. The Town of Vail Emergency Operations Center was activated and coordinated the pass reopening and sheltering operations. On Friday morning, the weather had cleared and motorists continued to travel from the west into Vail awaiting the opening of the pass. Trucks were diverted in the morning in Dotsero to stage on Highway 6 until the pass opened as the entire area of eastbound I-70 between mile marker 176 to 180 was full with over 400 trucks. When the passed finally opened for the commercial vehicles at noon and for passenger vehicles at 12:40 p.m., there were thousand of vehicles trying to head east at the same time and with a number of newly arrived trucks needing to chain up, the congestion continued until well after 5 p.m. This 22-hour pass closure created a number of inconveniences to our residents, guests and travelers on I-70. Some of the issues are out of anyone's control, but there are others that we may be able to have some influence on such as appropriate VMS signage, better messaging to the traveling public and better communications between state agencies and the town. There were some successes and I have confidence the planning process that will be commencing with CDOT will provide for written consistent procedures which will help reduce the mistakes and safety hazards in the future. Please contact me if you have additional questions. t? MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 19, 2008 SUBJECT: A property information summary for an unplatted and unaddressed Town of Vail owned parcel, generally located north of the Vail Road round-about, east of the Middle Creek Subdivision, and west of the Spraddle Creek Estates Subdivision. 1. PURPOSE The Town Council asked Staff to prepare a summary of the available property information for an unplatted and unaddressed Town of Vail owned parcel (generally located north of the .Vail Road round-about, east of the Middle Creek Subdivision, and west of the Spraddle Creek Estates Subdivision) for consideration as a future fire station site. A vicinity map of the subject site has been attached for reference (Attachment A). II. PROPERTY INFORMATION SUMMARY The subject property was one of eight US Forest Service owned properties annexed into the Town of Vail on February 13, 1980, through Ordinance No. 7, Series of 1980. The subject property was originally subject to the Forest Service's Multiple Use Zone requirements and Eagle County zoning. According to archived Planning and Environmental Commission meeting minutes, the Town of Vail made an agreement with the Forest Service that upon annexation the Town would apply a zoning similar to what was being applied by Eagle County. According to meeting minutes, the Town and the Forest Service originally agreed to zone the. property Agriculture and Open Space. The Town and the Forest Service ultimately agreed to apply the more restrictive Green Belt and Natural Open Space District to the property on April 15, 1980 through Ordinance No. 13, Series of 1980. At some point the subject property was rezoned from the now repealed Green Belt and Natural Open Space District to the current Natural Area Preservation District. This zoning does not permit the construction of any structures, including a fire station. The subject property is identified in the Comprehensive Open Lands Plan as "TOV Owned Lands, Open Space Use" property. The plan's only recommendation specific to this property was that improvements to the trailhead such as off-street parking, signs, and bike racks be provided with the Spraddle Creek Estates development. These improvements have been constructed. On February 15, 2005, the Vail Town Council designated the subject site as Open Space through Ordinance No. 7, Series of 2005. This Open Space designation does not allow the construction of a fire station on this site. This Open Space designation can only be removed from this site with the unanimous vote of the Open Space Board of Trustees, a % majority vote of the Town Council, and the affirmative majority vote of the Town's electorate through either the regular or a special election. ,r f Subiect Site Statistics Address: None Legal Description: Unplatted Lot Size: 26.6 acres (1,158,696 sq.ft.) Zoning: Natural Area Preservation District Land Use Plan Designation: Open Space Development Restrictions: Designated Open Space Environmental Hazards: Medium Severity Rockfall; and, Spraddle Creek Floodplain; and, Excessive slopes Environmental Constraints: Spraddle Creek 30-foot setback; and, Potential wetlands Built Constraints: Existing portions of Spraddle Creek Road; and, Spraddle Creek Trail, Trailhead, and Parking CDOT owned 1-70 and North Frontage Road Right-of-Way III. ACTION REQUESTED OF THE TOWN COUNCIL This memorandum was prepared for informational purposes only. No action is being requested of the Town Council at this time. IV. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Article 12-8C, Natural Area Preservation District, Vail Town Code Attachment C: Section 13.11, Designated Open Space, Vail Town Charter 2 t? il Last M ad Aed February 12, 2008 Attachment A 1Nf Yq: W. CsaYJYY IY ... .. ......... R tlp Olltt KJ tlHNYr4 ywMW µpWrf 011Y. 1rT ndtl wYSrvA •OaJl lr aafiyMleM ... MtYI Mrw»bnl?MaiV.laM+'??M Town Owned Unplatted Parcel Attachment B f 12-8C-1 12-8C-3 CHAPTER 8 OPEN SPACE AND RECREATION DISTRICTS ARTICLE C. NATURAL AREA PRESERVATION (NAP) DISTRICT SECTION: 12-8C-1: Purpose 12-8C-2: Permitted Uses 12-8C-3: Conditional Uses 12-8C-4: Accessory Uses 12-8C-5: Development Standards 12-8C-6: Parking And Loading 12-8C-7: Additional Development Standards 12-8C-1: PURPOSE: The natural area preservation district is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroach- ment by any building or other improvement, other than those listed in section 12-8C-2 of this article. The natural area preservation district is intended to ensure that designat- ed lands remain in their natural state, in- cluding reclaimed areas, by protecting- such areas from development and preserving open space. The natural area preservation district includes lands having valuable wild- life habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental con- straints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corri- dors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the town's tourist econo- my. The intent shall not preclude improve- ment of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. (Ord. 21(1994) § 10) 12-8C-2: PERMITTED USES: The follow- ing shall be permitted uses in the NAP district: Nature preserves. (Ord. 21(1994) § 10) 12-8C-3: CONDITIONAL USES: The following conditional' uses shall be permitted in the NAP district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Equestrian trails, used only to access na- tional forest system lands. Interpretive nature walks. Parking, when used in conjunction with a permitted or conditional use. Paved and unpaved, nonmotorized, bicycle paths and pedestrian walkways. Picnic tables and informal seating areas. Other uses customarily incidental and ac- cessory to permitted or conditional uses Town of Vail September 2006 12-8C-3 and necessary for the operation thereof, with the exception of buildings. (Ord. 21(1994) § 10) 12-8C-4: ACCESSORY USES: Not appli- cable in the NAP district. (Ord. 21(1994) § 10) 12-8C-5: DEVELOPMENT STANDARDS: Not applicable in the NAP dis- trict. (Ord. 21(1994) § 10) 12-8C-6: PARKING AND LOADING: Parking and loading require- ments will be determined by the planning and environmental commission during the review of conditional use requests in accor- dance with the provisions of chapter 16 of this title. (Ord. 21(1994) § 10) 12-8C-7: ADDITIONAL DEVELOPMENT STANDARDS: Additional regula- tions pertaining to site development stan- dards and the development of land in the natural area preservation district are found in chapter 14, "Supplemental Regulations", of this title. (Ord. 21(1994) § 10) September 2006 Town of Vail 12-8C-7 VAIL TOWN CHARTER. Attachment C 0) Statutes. The applicable laws of the State of Colorado as they now exist or as they may be amended, changed, repealed, or otherwise modified by legislative procedure. (k) Elector. A person otherwise qualified to vote in the municipal elections under applicable law whether registered or not. (1) Registered Elector. A person who is qualified to vote under applicable law and who is also registered to so vote in municipal elections. (m) Permanent Board Or Commission. A board or commission intended by council to be a part of the permanent governmental structure of the Town of Vail as established by ordinance. (1972 Charter) t Section 13.11 - Designated Open Space: (a) As used in this Charter, designated open space shall mean any interest in real property owned by the Town of Vail which, whether acquired by purchase, donation, condem- nation; or any other means, has been dedicated by ordinance as designated open space. Such designated open space shall not be alienated, sold, leased, or subjected to a zoning designation change other than one of the open space zone districts identified in this article, unless all terms and provisions of this article have been met. (b) Characteristics Of Designated Open Space. To qualify as designated open space, the designated parcel must be owned by the Town of Vail and zoned natural area preserva- tion, outdoor recreation, or agriculture open space and be either: 1) Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife, or the Natural Heritage Program); 2) High natural hazard areas' including the 100-year" flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or 3) Town of Vail parks that provide passive outdoor recreation opportunities. (c) Creation Of The Designated Open Space Board Of Trustees. There shall be an open space board of trustees consisting of three members. The members of the board shall be the town manager, one Town of Vail council member and one planning and environmental commissioner. The town council member and the planning and environmental commissioner shall be designated by their respective boards. The designated open space board shall not perform any administrative functions unless expressly provided in this Charter. The board shall: 1) Make recommendations to the town council of appropriate parcels to be designated as open space; and 1 2) Make recommendations to the town council concerning removing parcels from a designated open space status. VAIL TOWN CHARTER The town council and/or the town manager shall not act on any of the matters set forth in paragraphs 1) and 2) without securing a. recommendation from the board as above provided. The board's recommendation shall not be binding upon the town council. (d) Creation Of A Designated Open Space. Parcel. ' Upon unanimous recommendation from the open space board of trustees concerning a parcel of land which meets the character- istics as set forth .in this Charter, the town council shall.consider an ordinance to include such parcel as designated open space. Every ordinance designating open space shall require the affirmative vote of three-fourths of the entire council for final passage. No designated open space may be sold, leased, traded, or otherwise conveyed, nor may any exclusive license or permit on such designated open space land be given, nor may any use or zone change other than one of the open space zone districts identified in this Section to such designated open space be permitted, until such disposal as set forth in paragraph (e). below has been approved. (e) Disposal Of Designated Open Space. Town council may consider the sale, lease, trade, alienation, partition,. granting of an exclusive license or permit, use or zone change other than one of the open space zone districts identified in this Section of designated open space only upon receiving a unanimous recommendation of such action from the open space board of trustees. Once such recommendation is received, the town council shall consider an ordinance referring such question of disposal of designated open space to the registered electors at a town election for their acceptance or rejection. The ordinance shall give the location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire council for passage. The vote of the town on proposed disposal of designated open space shall be held not less than thirty days and not later than ninety days from the date of the final council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed ordinance to dispose of designated open space shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election. (Charter amd. 11-21-1995) ARTICLE XIV TRANSITION PERIOD Section 14.1 - Effective Date Of Charter: This Charter shall become effective immediately upon voter approval except that those provisions of Article IX relating to the preparation and submission of the budget and capital program shall become effective for the 1973 annual budget, and those provisions in Article III relating to the election of councilmen shall become effective at the first regular election scheduled under this Charter to be held .in November, 1973. i Town of Vail Fire Department Dispatch Calls - RESPONSE TIME 03111106 - 10131107 e F off; r' i 1,51AILE RADIUS OF EXISTING FIRE STATIONS o?t? o? wS ®? i I e? Z Fire Department Responses Fire Stations \\\ is IAII r vnmus u` RESPONSE TIME o Existing Fire Stations rRUY0Sh0 W1 SI VAII. FIW 1 WK11 S LESS THAN 5 MINUTES Proposed West Vail Fire Station e GREATER THAN 5 MINUTES 0 NNNfT? OXMOS wS Town of Vail Fire Department Dispatch Calls - # OF CALLS 03121106 - 10/31/07 e I n. 11I/ rire vepanmenr Mespunses rue ataaWlS PROPOSED s WEES S MILE TRADIUS VAIL FIRE of # OF CALLS (-660) 6 Existing Fire Stations $iA?I(l?.S 1.2 Proposed West Vail Fire Station --6 - 6.10 - >10 E4S ME L I C K A S S O C I A T E S I N C D 18 February 2008 Mr. Bill Gibson Department of Community Development Town of Vail Vail, Colorado 81657 RE: Amended Language Regarding Roof Covering - Lion Square Lodge South Dear Bill, Thank you for taking the time to meet with Lin Grubbs and me last Tuesday the 12Ih of February. The purpose of our meeting was to discuss with you and Rachel the language in the first reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to modify the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail. As you know, Lin Grubbs voiced his opinion to PEC regarding this same issue on February 5"'. At our meeting on the 12th, it was our intention to show you a project that we feel should fall within the intent of this new language, The Lion Square Lodge South Building Infill Project. The revised TOY language states: 1. Nonconforming single-family dwellings, two-family dwellings, and multi- family dwellings shall be allowed a one-time 500 square foot addition of GRFA per unit, that affects the roofing area but does not share a plane or ridge with the existing roof, that shall conform to roofing requirements but shall not trigger a re-roof of the existing nonconforming roof. .2. That the Design Review Board shall be given some ability to allow exemptions to the roofing requirements should the design meet the intent of the Vail Town Code. 3. That any maintenance and repair of a nonconforming roof that is more than 25% within a twelve month period and or more than 50% of total roof area in any time period shall be required to re-roof the entire structure to come into compliance with the roofing regulations. The Infill project compares as follows to the revised language above: 355 SOUTH TELLER STREET ARCHITECTURE SURE THREE M14DF®SPA3,M I N T E R I O R S LAKEWOOD CO 80226 P L A N N I N G TEL 303.534.1930 WWW.MELICK.COM FAX 303.534.1931 Mr. Bill Gibson February 18, 2008 Page Two 1. The Infill project is a! vertical stock of five units that are expanding into an existing void on the south side of the building. The infill project is adding approximately 2,369 square feet of GRFA to the entire existing project of 88,587 GRFA. The new GRFA represents 2.6% of the overall building GRFA. The total GRFA infill area of 2,369 square feet is for a total of five units, which averages approximately 474 square feet of GRFA per unit. While this average falls within the 500 square feet per unit our single loft unit. over 500 square feet does not comply. The floors and units are comprised of adding 338 square feet at the fourth floor unit, 338 square feet at the fifth floor unit, 235 and 279 square feet at the two sixth floor units, and 338 square feet at the seventh floor as well as 503 square feet to the eighth floor totaling 841 square feet of GRFA for the single loft unit. Please see the attached floor plan pdfs. The only reason we are over 500 square feet of GRFA per unit is because of the existing floor configuration and layout of the building. The 500 square feet in the revised language is admittedly a random number per the TOV planning staff. The exterior aesthetics would be exactly the same if we were adding five units at 474 square feet each per unit totaling the same 2;369. Please see attached elevation pdfs. The Infill Project is modifying approximately 615 square feet of roof area to the entire existing building roof area of 12,922 square feet. The new roof represents 4.7% of the overall roof area. Please see attached roof plan.pdf. Taking our program, the revised language.would allow for five horizontally oriented units totaling 2,500 square feet of affected roof area, as compared to our 615 square feet of roof area. The actual solution for this program in the South Building has much less impact on the roof than what is allowed in the revised language. The roof area alone is 25% of what would be allowed with the revised language. 2. Stepping the roof plane is understandable and we would comply with this requirement. 3. The maintenance portion of the language does not pertain to this project. In addition, the Infill Project is being paid for by five individual owners in the Lion Square Lodge South building. This is not a project being paid for by the Mr. Bill Gibson February 18, 2008 Page Three Board or the HOA. Requiring these five individual owners to re-roof the entire building which does not belong to them would place a hardship. on this group. If nothing else based on the information provided above, the Infill Project would be a prime candidate for a variance since I believe the project falls within the intent of the revised language. It was and is our hope that the language being modified to provide flexibility in re-roofing entire buildings can be extended to include the Infill Project so that this project is viable within the revised language and does not require a variance application. The fact that our project impacts only 25% of the allowable roof area per the revised language seems to be reason enough to write the language that allows our project to be approved without requiring a variance. Our suggestion of allowing an average of 500 sf per;unit seems acceptable in order to provide some flexibility to the revised language for instances the TOV cannot foresee but which in this instance falls within the intent of the revised language and in our case provides less impact to the existing roof at 25% of allowable square foot area. Please pass this letter on to the PEC for the second reading tomorrow night. Please contact me if you have any questions. Sincerely, Chip Melick MELICK ASSOCIATES cc. Lin Grubbs, Craig Morrell, Bill Anderson, Rachel Friede A!- v - -.- U - -.- O Q z 8 11tf sTer?"s. A4.5 LHi m .? y. 9 ?I?IIIIII f 0 0 N -s?AAM I I I b I N? II MOTEROOM HDIRROOM HOMROOM MOEROOM MOTROOM MOMROOM V V 38G FA 30 GFA 32 GRFA 3HGWA 337 GUA 351 GRFA I ¦ .? HOTa MOTE ROOM -HOTEE OIA HOTR ROOM _ " 3W GOFAROOM 339 GRFA 312 GRORFA 122 GRFA - CONDO _ 561 GRFA ? EOBBY V CONDO CONDO Como (/ ... V I J0MGlFA tIMMA 700 GRFA 705 GRFA CONDO ` 06 GRF CONDO 708 GRFA 7123 GRFA CONDO . ..` 562 GRFA a .. STOfAGG NEW um M WA U U U . U U EIRSIOb ?? STAI! CONDO 1107 GEA U UU U U U O FOURTH FLOOR GRFA A0.2 SUIT: 1/16= N? 10, 1 A ./ I ;7? 68B ?-?-- ypl ppFA 7?T D t B FIFTH FL04R r'RFA p,0.3 i V IT- - ?p T113 G?? 70B?A ? T t.? - / 1 X.O.O. ?A 56Z ?p IAD?A Aoro?` M L 0 0 STORA GE CONDO 5GUA N came came HI GRFA W GRFA . •. . . . r I ?' .? ?? CONDO CONDO GRFA 456 GM 446 29 GRFA 1 2BI GRFA V . - GU CONGO V OVA C " - CONDO CONDO J' Comm SWGRFA 2 T. CONGO I3D5 GRFA cam0 Ii07GRFA .F9 J ' - 275 GRFA 268 GRFA 2 4 M K7T N: ow: 1070 NEW 2351 am NEW SF MM THROUGH FPM FIG( t U U U OD U U UU U U U O SDCTH FLOOR GRFA A0.3 SCALE: 1116' = 1'-0' I b b b s SEVENTH F?O?R GRF? ?? ?; ,nb =''? - ® ? II ?I 'I? I,I I ?? ? ? II I I 1 I ?I i t III i. ?I I I?' Y I 6 ? o ? b l ? EIGHTH FLOOR C3RFA ,?- q 1/?b• ? 1`.ft At13 ?E: -? 14905 GSF' 1 l Ll 1 J 13413 GSF, .J'i TOTAL EXIST. GSF: 12,922 GSF TOTAL NEW GSF: 615 GSF co • pltv®s AE5 LANDMARK CONDOMINIUM ASSOCIATION STATEMENT ON THE NORTH DAY LOT (NDL) PLAN TO THE VAIL TOWN COUNCIL, February 19, 2008 Good evening. My name is Bill Pendleton. I am a seventeen year owner of a condo at the Landmark Condominiums in Lionshead. I am also on the Board Of the Landmark Condominium Association and am an Association Vice President. I am speaking tonight on behalf of the Landmark Association. We appreciate the opportunity. As you know, the Landmark has always been a strong supporter of the Town of Vail and Vail Resorts, particularly of the New Dawn Lionshead renovation and redevelopment program. We strongly supported Arrabelle even though it heavily impacted us, especially during construction and by decreasing the view of the mountain for some of our owners. In that regard, we have our own exciting multi-million dollar renovation and development program. We also wholeheartedly support the need for more employees housing. For that reason, we endorse the recently announced TOV and VR proposal to build employee housing on the NDL. We also recognize and endorse the need for a car and shuttle drop-off. However, while we support the vast majority of the plan, we want you to know that we have a very deep concern about the part of the plan that calls for the inclusion of a Transportation/bus center on the site. Adding three major functions to the NDL is an overload and not practical. My purpose here is to provide a respectful heads-up to the Council of the depth to which Landmark objects to the establishment of a bus depot so close to high-level condo complexes like Landmark and that we will most vigorously oppose that element. Again, we do support most of the plan, including employee housing. It is just the Transportation/bus depot that we find totally objectionable to our current and future owners and guests. The Landmark Condominiums have existed for about two-thirds of Vail's 45 years and we have always worked and communicated constructively and positively with the town and VR. In fact, within the past year, Landmark has worked with the town in the approval of our major renovation and development program. The commercial redevelopment is almost complete and the residential program is scheduled to begin in April. With regard to a Transportation/bus center on the NDL, we had extensive discussions previously about that subject during the 2003-2005 period, Landmark has always opposed buses on the NDL since it was first discussed prior to adoption of the Lionshead Master Plan. A bus tc,. ,inal element was included in the Master Plan over our strong objection. However, we continued discussions with the Town and VR officials thereafter, and in 2005 we were assured by representatives of both the town and VR that a Transportation/bus center on the NDL was not appopriate, including from a planning perspective, and it would be located elsewhere. The Lionshead Master Plan was intended to be a guidepost, not a legal requirement. We were extremely pleased and relieved by those assurances and, in reliance thereon, we moved forward with our renovation plans. To now hear of renewed plans to link a bus center with employee housing on the NDL was a total shock and directly contrary to those prior assurances upon which we relied. We recognize the need for a new bus center somewhere, but it should more appropriately be at Ever Vail and/or the new Lionshead Parking Structure. We will actively support the town in those locations. Our objection to the bus center is based on the highly negative impact on Landmark, its owners and guests. We believe that buses in Vail should continue to be located near cars, not people. There is no other location in Vail where there is a Transportation/bus center located in such close proximity to condos and residences. About a week ago, several town and VR officials were good enough to come to Landmark and share and explain the detailed plans and drawings for the three major components on the NDL. Messrs. Ruther, Hall and Campbell and the VR officials did an excellent job of briefing us and answering questions. The meeting did reinforce our support for the employee housing and a car and shuttle drop-off, but did not lessen our strong opposition to the Transportationibus center for the following reasons: -The buses will load and unload within about 23 feet from our existing residences. -No amount of safeguards can offset the dramatic increase in noise levels, the increase in noxious pollution and fumes and the increase in pedestrian traffic and related noise close to our facilities. The noise and dangerous fumes must be vented and we will be the recipient thereof. -The negative environmental impact on residents would be contrary to the excellent efforts by the town and VR to be more "green" and environmentally friendly. -The use of hybrid buses by the town is commendable, but they are not completely silent. Also, it is not clear whether the County will shift to hybrids, or will stay with the more noxious diesel buses. Regardless of the types of buses, the potential for major congestions involving buses and vans idling on the West Lionshead Circle, waiting to enter into the employee housing building during peak hours is staggering. It could be so bad that owners and guests may not be able enter our new entry road for parking and check-in. Our residents may have to idle in line to even reach the entry road. We visualize a traffic nightmare ready to happen. Landmark will be surrounded by buses and congestion. -A bus center with increased pedestrian traffic will put a heavy load on the existing stairway to the mall, as well as require more pedestrians to climb 30 steps with equipment to and from the slopes. In contrast, a new terminal at the Lionshead Parking Structure could be designed to minimize the number of steps. -The location of a transportation center on the NDL and in close proximity to the residences would set a terrible precedent and serve as a strong disincentive for renovation programs. . -A plan incorporating three major operations into the relatively small NDL is too ambitious and is like trying to fit 10 tons of material into a 5 ton box. It is just too much. IN SUMMARY: -Landmark Condominiums supports the establishment of employee housing and a car and shuttle drop-off on the NDL, but we will vigorously and actively opposes any type of Transportation/bus center thereon. The plan is just not fair and appropriate. -New bus centers should more appropriately be located at Ever Vail and/or the new Lionshead Parking Structure. In that regard, we have suggested that VR amend the deed restriction on the Lionshead Parking Structure to allow a Transportation center there. -We enthusiastically support and participate in the redevelopment of Vail and the good efforts of Vail Resorts, but must draw the line on the proposed plan for a Transportation/bus center on the NDL. • I J 1 -A decision on a bus center should not be linked to employee housing on the NDL and should not be rushed just because it is expedient. - We respectfully, but strongly, request that you immediately withdraw plans for such a bus center on the NDL and waive the requirement imposed on VR for conformance with the Lionshead Master Plan in that regard. The Master Plan itself was not intended to be a legal document, only a guide. -We ask that you direct the town staff to immediately shift its focus to the other locations discussed, for which we pledge our full support. The NDL needs to be quickly eliminated as a potential location by the Council. Thank you.