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rescinded a 0.5% sales tax and a 1.5% lodging tax that had been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.
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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)
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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
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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,
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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
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V .178 - z:=- ,(f0
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.,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
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il
Last M ad Aed February 12, 2008
Attachment A
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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;
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1,51AILE RADIUS OF
EXISTING FIRE STATIONS
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Fire Department Responses Fire Stations
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Town of Vail
Fire Department Dispatch Calls - # OF CALLS
03121106 - 10/31/07
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PROPOSED s WEES S MILE TRADIUS VAIL FIRE of # OF CALLS (-660) 6 Existing Fire Stations
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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
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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.