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HomeMy WebLinkAbout2008-07-15 Support Documentation Town Council Work Session PART 2 OF 2 /PLANNING AND ENVIRONMENTAL COMMISSION , 12:00 Noon , TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vaii, Colorado, 81657 The Planning and Environmental Commission has not met since youc last meeting. You will receive the results of the July 14, 2008 meeting at your next regularly scheduled meeting. DESIGN REVIEW BOARD AGENDA , PUBLIC MEETING ~ July 2, 2008 ~~~~VE Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PRESENTATION 2:00pm Transit Oriented Development Michael Yerman PROJECT ORIENTATION MEMBERS PRESENT MEMBERS ABSENT Tom Dubois Mike Dantas Pete Dunning Elizabeth Plante Brian Gillette SITE VISITS ' 2:45pm 1. Artinian Residence, 714 West Lionshead Place PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm 1. Artinian Residence (Mark Lodge) DRB080217 Scot Final review of a change to approved plans (roof terrace & lighting) 714 West Lionshead Place/Mark Lodge Unit 4D Applicant: Ron Artinian represented by KH Webb Architects ACTION: Approved MOTION: DuBois SECOND: Dantas VOTE: 5-0-0 ' 2. Vail Gateway Plaza DRB080235 Rachel Final review of an application for a sign program , 12 Vail Road/Lot N, SDD #2, Vail Gateway Plaza Condo Applicant: Keller Williams Mountain Properties ACTION: Approved MOTION: Dantas SECOND: DuBois VOTE: 5-0-0 STAFF APPROVALS Bridge Street Apparel Co DRB080182 Michael/Warren Final approval for a business sign 333 Bridge Street/Lot C, Block 2, Vail Village Filing 1 Applicant: Sign Safari Williams Residence DRB08018 Bill Final review for an addition (garage, laundry room, bedroom) 2570 Bald Mountain Road/Lot 33, Block 2 Vail Village Filing 13 Applicant: Ed Williams, represented by Bill Hein, Wm Hein Associates Page 1 . Kirschner Residence DRB080190 , Nicole Final approval of changes to approved plans (loft; utilities) 1995 Chamonix Lane/Lot 27, Buffer Creek re-Sub - Applicant: John Kirschner represented by Aker Architects Vail Spa Condominiums DRB080191 Rachel Final review of a minor exterior alteration (roof, deck) 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1 Applicant: Vail Spa Condominium Association represented by AGO Studios Reimers Residence DR6080195 Michael/Warren Final approval of a minor exterior- alteration (re-roofl 3090 Booth Creek Road/Lot 8, Block 3, Vail Village Filing 11 Applicant: Art Reimers represented by G & G Roofing Inc Gunion Residence DRB080207 Rachel Final review of a minor exterior alteration (deck and interior remodel) ` 4284 Columbine Drive, Unit E/Unit E, A Resub of Parcels C and. D, Streamside Townhouses, A Resub of Parcel C, Sfreamside Duplexes, A Resub of Lots 20-1 and 20-2, A Resub of Lot 20 Amended Plat, Bighorn Subdivision Applicant: Chris Gunion Boehland Residence DRB080209 . VVarren Final review for change to approved plans (garage) 3966 Lupine Dr/Lot 3-13, Block 2, Bighorn 1St Addition Applicant: Thomas Boehland, represented by Nedbo Construction . Village Center DRB080212 Nicole Final review of a minor exterior alteration (landscaping) 124 Willow Bridge Road/ Lot K, Block 5E, Vail Village Filing 1 Applicant: Village Center Association, represented by Mark Hallenbeck . Shonkwiler Residence DRB080213 Michael/Warren Final review of a minor exterior alteration (landscaping) 5118 Gore Circle/Lot 3, Bighorn 5th Addition . Applicant: Robert Shonkwiler represented by Joshua Hubacher White Residence DRB080214 Rachel Final review of an exterior alteration (stone veneer) 1833 Lions Ridge Loop/Lot 4, Block 3, Lion's Ridge Subdivision Applicant: Ken White Duncan Residence DRB080218 Bill Final review of a minor exterior alteration (deck) 797 Potato Patch Drive/Lot 27, Block 1, Vail Potato Patch ' Applicant: Raymond Duncan represented by Isom & Associates Lion's Mane Condos DRB080219 Michael/Warren Final review of a minor exterior alteration (stairs) 1063 Vail View Drive/Lot A5, Lion's Mane Condo Applicant: Lion's Mane HOA . Page 2 Kirkpatrick/Dulude Residence DRB080220 Michael/Warren Final review of a minor exteriar alteration (re-roofl 1462 & 1464 Green Hill Court/Lot 19, Glen Lyon Subdivision, SDD #4 Applicant: Joan Kirkpatrick & Richard Dulude, represented by All In One Contractors Goldman/Cheney Residence DRB080221 Nicole Final review of changes to approved plans (exterior finish) 4220 Spruce Way/Lot 1, Block 7, Viilage on Bighorn Creek Applicant: Mr. & Mrs. Goldman & Mr. & Mrs. Cheney, represented by VAg Inc Porter Residence DRB080222 Michael/Warren Final review of a minor exterior alteration (landscaping) 4269 Nugget Lane/Lot 3, Bighorn Re-Sub Lot 10 & 11 Applicant: Alex Porter Priebe Residence DRB080223 MichaelNVarren Final review of a minor exterior alteration (exterior stairs) ' 2398 Garmisch Drive/Lot 8, Hansen Chalet Applicant: Eric Priebe Dugan Residence DRB080224 Warren Final review of a minor exterior a{teration (remodel) , 2642 Kinnikinnick Court/Lot 5, Block 2, Vail Intermountain Dev S Applicant: Suzanne Dugan Moncrief Residence DRB080225 - Michael/Warren Final review of a minor exterior alteration (re-paint) 4788 Meadow Drive/Lot 4, Block 7, Bighorn 5th Addition Applicant: Bomer Carpentry Deer Ridge LLC Residence DRB080226 Warren Final review of a minor alteration (landscaping) 5107 Main Gore Drive/Lot 4, Block 1, Bighorn 5th Addition Applicant: Ken Sortland . Brady Residence DRB080229 Rachel Final review for a minor exterior alteration (deck replacement) 4512 Streamside Circle/Lot 15, Bighorn 4th Addition Applicant: Melvin Brody Kepner Residence DR6080230 Rachel Final review for an addition (basement) 1090 Vail View Drive/Lot B1, Block B, Lionsridge Filing 1 Applicant: Lori Kepner, represented by Ago Studios, Inc. Vail Gymnastics Center DRB080231 Rachel Final review for a minor exterior alteration (re-paint) 551 North Frontage Road/Lot 8A, Block 2, Vail Potato Patch Applica.nt: Town of Vail, represented by Nine-O Construction . Page 3 . i ,'..i Four Seasons Development DRB080232 Rachel Final review for a sign 1 Vail Road/Lot B& C, Vail Village Filing 2 Applicant: Vail Development LLC, represented by Playground Destination Morris/Welsh Residence DRB080234 Bill Final review of changes to approved plans (retaining wall, yard grade) 2945 Booth Creek Drive/Lot 3, Block 2, Vail Village Filing 11 Applicant: John Morris and Donald Welsh DEI Residence DRB080238 Michael/Warren Final review of a minor exterior alteration (re-roofl 2850 Bassingdale Boulevard/Lot 3-A, Block 9, Vail Intermountain Applicant: The Roofing Company Landmark Condominiums DRB080240 Bill Final review of changes to approved plans (balcony, windows, railing) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 ' Applicant: Frietzlen Pierce Architects The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. - Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. 4 / Page 4 , + . DESIGN REVIEW BOARD AGENDA ~ PUBLlC MEETING ~ July 2, 2008 TOWN QP VA Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PRESENTATION 2:00pm Transit Oriented Development Michael Yerman PROJECT ORIENTATION MEMBERS PRESENT MEMBERS ABSENT Tom Dubois Mike Dantas Pete Dunning Elizabeth Plante Brian Gillette SITE VISITS 2:45pm 1. Artinian Residence, 714 West Lionshead Place PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm 1. Artinian Residence (Mark Lodge) DRB080217 Scot Final review of a change to approved plans (roof terrace & lighting) 714 West Lionshead Place/Mark Lodge Unit 4D Applicant: Ron Artinian represented by KH Webb Architects ACTION: Approved . MOTION: DuBois SECOND: Dantas VOTE: 5-0-0 2. Vail Gateway Plaza DR6080235 Rachel Final review of an application for a sign program • 12 Vail Road/Lot N, SDD #2, Vail Gateway Plaza Condo Applicant: Keller Williams Mountain Properties ACTION: Approved MOTION: Dantas SECOND: DuBois VOTE: 5-0-0 STAFF APPROVALS Bridge Street Apparel Co DRB080182 Michael/Warren Final approval for a business sign 333 Bridge Street/Lot C, Block 2, Vail Village Filing 1 Applicant: Sign Safari Williams Residence DRB08018 Bill Final review for an addition (garage, laundry room, bedroom) 2570 Bald Mountain Road/Lot 33, Block 2 Vail Village Filing 13 Applicant: Ed Williams, represented by Bill Hein, Wm Hein Associates . Page 1 , v Kirschner Residence DR6080190 " Nicole Final approval of changes to approved plans (loft, utilities) 1995 Chamonix Lane/Lot 27, Buffer Creek re-Sub Applicant: John Kirschner represented by Aker Architects Vail Spa Condominiums DRB080191, Rachel Final review of a minor exterior alteration (roof, deck) ' 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1 Applicant:. Vail Spa Condominium Association represented by AGO Studios Reimers IResidence DR6080195 Michael/Warren Final approval of a minor exterior alteration (re-rooo . 3090 Booth Creek Road/Lot 8, Block 3, Vail Village Filing 11 - Applicant: Art Reimers represented by G& G Roofing Inc Gunion Residence DR6080207 Rachel Final review of a minor exterior alteration (deck and interior remodel) 4284 Columbine Drive, Unit E/Unit E, A Resub of Parcels C and D, Streamside Townhouses, A Resub of Parce! C, Streamside Duplexes, A Resub of Lots 20-1 and 20-2, A Resub of Lot 20 Amended Plat, Bighorn Subdivision Applicant: Chris Gunion , Boehland Residence DRB080209 Warren Final review for change to approved plans (garage) , 3966 Lupine Dr/Lot 3-B, Block 2, Bighorn 1 St Addition Applicant: Thomas Boehland, represented by Nedbo Construction Village Center DRB080212 Nicole Final review of a minor exterior alteration (landscaping) 124 Willow Bridge Road/ Lot K, Block 5E, Vail Village Filing 1 Applicant: Village Center Association, represented by Mark Hallenbeck Shonkwiler Residence DRB080213 Michael/Warren. Final review of a minor exterior alteration (landscaping) 5118 Gore Circle/Lot 3, Bighorn 5th Addition Applicant: Robert Shonkwiler represented by Joshua Hubacher . White Residence DRB080214 Rachel Final review of an exterior alteration (stone veneer) 1833 Lions Ridge Loop/Lot 4, Block 3, Lion's Ridge Subdivision Applicant: Ken White Duncan Residence DRB080218 . Bill Final review of a minor exterior alteration (deck) 797 Potato Patch Drive/Lot 27, Block 1, Vail Potato Patch Applicant: Raymond Duncan represented by Isom & Associates ' Lion's Mane Condos DRB080219 . Michael/Warren Final review of a minor exterior alteration (stairs) ' 1063 Vail View Drive/Lot A5, Lion's Mane Condo Applicant: Lion's Mane HOA Page 2 , Kirkpatrick/Dulude Residence DRB080220 Michael/Warren Final review of a minor exterior alteration (re-roofl 1462 & 1464 Green Hill Court/Lot 19, Glen Lyon Subdivision, SDD #4 - Applicant: Joan Kirkpatrick & Richard Dulude, represented by All In One Contractors Goldman/Cheney Residence DRB080221 Nicole Final review of changes to approved plans (exterior finish) . 4220 Spruce Way/Lot 1, Block 7, Village on Bighorn Creek Applicant: Mr. & Mrs. Goldman & Mr. & Mrs. Cheney, represented by VAg Inc Porter Residence DRB080222 Michael/Warren Final review of a minor exterior alteration (landscaping) 4269 Nugget Lane/Lot 3, Bighorn Re-Sub Lot 10 & 11 Applicant: Alex Porter _ Priebe Residence DR6080223 Michael/Warren Final review of a minor exterior alteration (exterior stairs) 2398 Garmisch Drive/Lot 8, Hansen Chalet Applicant: Eric Priebe Dugan Residence DR6080224 Warren Final review of a minor exterior alteration (remodel) . 2642 Kinnikinnick Court/Lot 5, Block 2, Vail Intermountain Dev S Applicant: Suzanne Dugan Moncrief Residence DRB080225 ~ Michael/Warren Final review of a minor exterior alteration (re-paint) 4788 Meadow Drive/Lot 4, Block 7, Bighorn 5th Addition Applicant: Bomer Carpentry Deer Ridge LLC Residence DRB080226 Warren Final review of a minor alteration (landscaping) 5107 Main Gore Drive/Lot 4, Block 1, Bighorn 5th Addition Applicant: Ken Sortland Brady Residence DRB080229 Rachel Final review for a minor exterior alteration (deck replacement) 4512 Streamside Circle/Lot 15, Bighorn 4th Addition Applicant: Melvin Brody Kepner Residence DR6080230 Rachel Final review for an addition (basement) 1090 Vail View Drive/Lot 61, Block B, Lionsridge Filing 1 Applicant: Lori Kepner, represented by Ago Studios, Inc. Vail Gymnastics Center DRB080231 Rachel Final review for a minor exterior alteration (re-paint) 551 North Frontage Road/Lot 8A, Block 2, Vail Potato Patch Applicant: Town of Vail, represented by Nine-O Construction Page 3 Four Seasons Development DRB080232 " Rachel Final review for a sign 1 Vail Road/Lot B& C, Vail Village Filing 2 Applicant: Vail Development LLC, represented by Playground Destination Morris/Welsh Residence DR6080234 Bill Final review of changes to approved plans (retaining wall, yard grade) 2945 Booth Creek Drive/Lot 3, Block 2, Vail Village Filing 11 Applicant: John Morris and Donald Welsh DEI Residence DRB080238 ' ' Michael/Warren , Final review of a minor exterior alteration (re-roofl - 2850 Bassingdale Boulevard/Lot 3-A, Block 9, Vail Intermountain - ' Applicant: The Roofing Company Landmark Condominiums DRB080240 Bill Final review of changes to approved plans (balcony, windows, railing) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Frietzlen Pierce Architects , The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development, Department, 75 South Frontage Road. Please call 479-2138 for information. ' Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 4 DESIGYV REVIEW BOARD AGENDA t PUBLIC MEETING ~ July 2, 2008 ~~~~VECouncil Chambers . 75 S. Frontage Road - Vail, Colorado, 81657 PRESENTATION 2:00pm Transit Oriented Development Michael Yerman PROJECT ORIENTATION MEMBERS PRESENT _ MEMBERS ABSENT Tom Dubois Mike Dantas Pete Dunning Elizabeth Plante Brian Gillette' SITE VISITS , 2:45pm 1. Artinian Residence, 714 West Lionshead Place PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm 1. Artinian Residence (Mark Lodge) DRB080217 Scot Final review of a change to approved plans (roof terrace & lighting) 714 West Lionshead Place/Mark Lodge Unit 4D Applicant: Ron Artinian represented by KH Webb Architects ACTION: Approved MOTION: DuBois SECOND: Dantas VOTE: 5-0-0 2. Vail Gateway Plaza DRB080235 Rachel Final review of an application for a sign program 12 Vail Road/Lot N, SDD #2, Vail Gateway Plaza Condo Applicant: Keller Williams Mountain Properties ACTION: Approved , MOTION: Dantas SECOND: DuBois VOTE: 5-0-0 STAFF APPROVALS Bridge Street Apparel Co DR6080182 Michael/Warren Final approval for a business sign 333 Bridge Street/Lot C, Block 2, Vail Village Filing 1 Applicant: Sign Safari Williams Residence DRB08018 Bill Final review for an addition (garage, laundry room, bedroom) 2570 Bald Mountain Road/Lot 33, Block 2 Vail Village Filing 13 Applicant: Ed Williams, represented by Bill Hein, Wm Hein Associates Page 1 .I e V Kirschner Residence DRB080190 Nicole Final approval of changes to approved plans (loft, utilities) 1995 Chamonix Lane/Lot 27, Buffer Creek re-Sub Applicant: John Kirschner represented by Aker Architects Vail Spa Condominiums DRB080191 Rachel Final review of a minor exterior alteration (roof, deck) 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1 Applicant: Vail Spa Condominium Association represented by AGO Studios Reimers Residence DRB080195 Michael/Warren Final approval of a minor exterior alteration (re-roofl ' 3090 Booth Creek Road/Lot 8, Block 3, Vail Village Filing 11 Applicant: Art Reimers represented by G& G Roofing Inc Gunion Residence DRB080207 Rachel Final review of a minor exterior alteration (deck and interior remodel) 4284 Columbine Drive, Unit E/Unit E, A Resub of Parcels C and D, Streamside Townhouses, A Resub of Parcel C, Streamside Duplexes, A Resub of Lots 20-1 and 20-2, A Resub of Lot 20 Amended Plat, Bighorn Subdivision Applicant: Chris Gunion Boehland Residence DRB080209 Warren Final review for change to approved plans (garage) `3966 Lupine Dr/Lot 3-13, Block 2, Bighorn 1St Addition . Applicant: Thomas Boehland, represented by Nedbo Construction Village Center DRB080212 - Nicole Final review of a minor exterior alteration (landscaping) 124 Willow Bridge Road/ Lot K, Block 5E, Vail Village Filing 1 Applicant: Village Center Association, represented by Mark Hallenbeck Shonkwiler Residence DRB080213 Michael/Warren Final review of a minor exterior alteration (landscaping) 5118 Gore Circle/Lot 3, Bighorn 5th Addition Applicant: Robert Shonkwiler represented by Joshua Hubacher White Residence DRB080214 , Rachel Final review of an exterior alteration (stone veneer) 1833 Lions Ridge Loop/Lot 4, Block 3, Lion's Ridge Subdivision Applicant: Ken White Duncan Residence DR6080218 • Bill Final review of a minor exterior alteration (deck) 797 Potato Patch Drive/Lot 27, Block 1, Vail Potato Patch Applicant: Raymond Duncan represented by Isom & Associates ' Lion's Mane Condos DR6080219 Michael/Warren Final review of a minor exterior alteration (stairs) 1063 Vail View Drive/Lot A5, Lion's Mane Condo Applicant: Lion's Mane HOA Page 2 ~ W` ~ Kirkpatrick/Dulude Residence DR6080220 Michael/Warren. Final review of a minor exterior alteration (re-roofl 1462 & 1464 Green Hill Court/Lot 19, Glen Lyon Subdivision, SDD #4 Applicant: Joan Kirkpatrick & Richard Dulude, represented by All In One Contractors Goldman/Cheney Residence DRB080221 Nicole Final review of changes to approved plans (exterior finish) 4220 Spruce Way/Lot 1, Block 7, Village on Bighorn Creek Applicant: Mr. & Mrs. Goldman & Mr. & Mrs. Cheney, represented by VAg Inc Porter Residence DR6080222 Michael/Warren Final review of a minor exterior alteration (landscaping) 4269 Nugget Lane/Lot 3, Bighorn Re-Sub Lot 10 & 11 Applicant: Alex Porter Priebe Residence DR6080223 Michael/Warren Final review of a minor exterior alteration (exterior stairs) 2398 Garmisch Drive/Lot 8, Hansen Chalet Applicant: Eric Priebe Dugan Residence DR6080224 , Warren Final review of a minor exterior alteration (remodel) : 2642 Kinnikinnick Court/Lot 5, Block 2, Vail Intermountain Dev S Applicant: Suzanne Dugan Moncrief Residence DRB080225 Michael/Warren Final review of a minor exterior alteration (re-paint) 4788 Meadow Drive/Lot 4, Block 7, Bighorn 5th Addition . Applicant: Bomer Carpentry Deer. Ridge LLC Residence DRB080226 Warren Final review of a minor alteration (landscaping) 5107 Main Gore Drive/Lot 4, Block 1, Bighorn 5th Addition Applicant: Ken Sortland Brady Residence DRB080229 Rachel Final review for a minor exterior alteration (deck replacement) 4512 Streamside Circle/Lot 15, Bighorn 4t" Addition Applicant: Melvin Brody Kepner Residence DR6080230 Rachel Final review for an addition (basement) 1090 Vail View Drive/Lot 61, Block B, Lionsridge Filing 1 Applicant: Lori Kepner, represented by Ago Studios, Inc. Vail Gymnastics Center DRB080231 Rachel Final review for a minor exterior alteration (re-paint) 551 North Frontage Road/Lot 8A, Block 2, Vail Potato Patch Applicant: Town of Vail, represented by Nine-O Construction Page 3 ~i ~M . : k Four Seasons Development DRB080232 Rachel Final review for a sign , 1 Vail Road/Lot B& C, Vail Village Filing 2 Applicant: Vail Development LLC, represented by Playground Destination Morris/Welsh Residence DR6080234 ' Bill Final review of changes to approved plans (retaining wall, yard grade) 2945 Booth Creek Drive/Lot 3, Block 2, Vail Village Filing 11 Applicant: John Morris and Donald Welsh ' DEI Residence DR6080238 Michael/Warren Final review of a minor exterior alteration (re-roofl 2850 Bassingdale Bouleyard/Lot 3-A, Block 9, Vail Intermountain Applicant: The Roofing Company Landmark Condominiums DR6080240 Bill Final review of changes to approved plans (balcony, windows, railing) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Frietzlen Pierce Architects 1 The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information: Sign language interpretation available upon request with 24 hour notification., Please call 479-2356, Telephone for the Hearing Impaired, for information. . Page 4 ` MEMORANDUM To: Vail Town Council From: Greg Hall, Pam Brandmeyer, Matt Mire and Kathleen Halloran Date: July 10, 2008 Subject: Vail Recreation District Lease The following information is presented for your discussion on Tuesday afternoon regazding the proposed lease renewal with the Vail Recreation District (VRD) on the golf course/clubhouse. Each capital repair and replacement item was reviewed by town and VRD staff for cost allocation. This lease closely follows the cost-share principles outlined in the recreational facilities lease signed earlier this year, which stipulates that the VRD and the town will split the cost for any major repair or replacement of infrastructure. VRD is responsible 100% for any normal repairs, interior upgrades and regular maintenance. , In addition, there are four policies for your consideration which will impact this lease agreement. The financial impact of each item is outlined in the chart on page 3. 1) The proposed lease includes a more concise definition of responsibilities between the town and VRD, including capital repair, replacement and deferred maintenance (referred to as "Recreation Projects Line Item (RPLn" in the lease document). Based on agreed-upon capital needs and the cost-sharing methodology outlined above, the VRD will contribute approximately $2.9 million (averages out to 48% of the total) to capital repair/replacement over the next five ' years. TOV will contribute approximately $3.1 million (52% of the total) for that same timeframe subject to annual appropriation. (Please refer to Exhibit B in the lease for details on capital projects). Prior deferred maintenance of town-owned capital assets is the reason for significant investment by the town within the next five years, with the VRD contributing a larger percentage in later years for upkeep ' and maintenance. The cost share for years after 2013 averages to 69% VRD and 3 1 % TOV, with annual expenditures estimated at $85,600 per year for the town. This capital plan (Exhibit B) will undergo an annual review by the recreation subcommittee, with a subsequent recommendation to both TOV and VRD boards. Currently none of these items are budgeted, and the financial impact to the RETT fund balance is outlined on page 3. Does Council agree with the capital list and proposed split of expenditures? 2) Town staff and VRD have discussed that the annual golf course lease payment (approximately $120K per year) be placed into a"recreation enhancement account (REA)" and earmarked for major upgrades, unforeseen circumstances or new facilities. This account is subject to appropriation and approval by Town Council. Financial impact is outlined in the chart on page 3. Does Council agree with establishing this account or do you prefer for the lease revenue to be used as revenue for the RPLI items listed above? 1 APf ~ J 3) A significant item covered by this lease includes replacement of the golf course irrigation system, with an estimated cost of $3.2 million. The lease currently proposes a 50150 split to cover the costs. (The town's portion is already included in the 5-year "RPLI" cost of $31M identified in item #1.) The system is 40 years old and has required costly (and frequent) repairs in recent years. Based on a report from Larry Rodgers Design Group, Inc. and a review from the horticulture department of Colorado State University, the system is now outdated, mechanically failing and inefficient with water usage. The VRD would like to begin work on the replacement during the spring of 2009. Financial impact is outlined in the chart on page 3. Does Council agree with the 50150 split of the irrigation system replacement? 4) Related to the irrigation system replacement, the town has evaluated financing the entire irrigation system project from the RETT fund, with repayment by the VRD for their 50% portion. Terms of the financing assume a 5-year payback schedule, including interest charged at the going Treasury rate (currently 3.19%). This option would save approximately $60K in debt issuance fees (for Certificates of Participation "COPs") and potentially less interest expense. The projected 2009 RETT fund balance (not including items to be reviewed during the 2009 capital budget process) would be $1.9M if the town financed the entire irrigation project. The fund balance in 2013 would be $2.6M (see chart on page 3). Does Council wish to finance the irrigation system replacement as proposed? ; ~ 2 . , . ....''TIY..'.~ .I'.•~N , VRD Golf Course Cease Renewal July 10, 2008 RETT Budgetary implications , 2008 2009 2010 2011 2012 2013 RETT Beginning Fund Balance $ 6,508,262 6,508,262 6,275,566 6,073,384 4,823,677 5,602,241 Budgeted Revenue 7,238,500 6,103,100 5,151,192 4,074,584 3,918,283 (as of 6/17/08 Council meeting) Budgeted Expense 7,471,196 6,305,282, 6,400,899 3,296,020 3,270,049 (as of 2008 5-year capital plan) - . ~ _ Fund Balance SubtotaL ' • Y~V 6,275;566 6;073,384; 4,823,677.. 5,602,241 , 6;250,475 ; 1) Recreation Projects Line Item (RPLI) Items per Exhibit B worksheet 1,368,383 15,682 34,639 86,454 32,625 i Fund Balance8ubtotal . : • ' , 4,907,183 4;689,319 , - 3;404,973 ' 4,097,083 4,712,692 ; 2) Recreation Enhancement Account (REA) 120,000 124,800 129,792 134,984 . 140,383 ;Fund_Balance.Subtotal __~4,787,183 4,444,519 3,030,381 _ _3,587_507 .~_4,062,733' 3) Irrigation System (50%) 1,607,522 ~FundBalance Subtotal`-'~_s 3,179,661 _2,836;997 1.422.8 59,_ 9;985 2,455,211_J 4) Finance VRD portion of Irrigation system 1,607,522 VRD Payback (5-year term at3.19%) (352,325) (352,325) (352,325) (352,325) (352,325) !Fund Balance 3ubtotal _Y _ - 1,924,464 1,934,125 . • ` 872,312 1,781,763 • ` .2,609,314 RETT Ending Fund Balance 6,508,262 1,924,464 1,934,125 872,312 1,787,763 2,609,314 1 . 3 r, COLLINS COCKREL & COLE A PROFESSIONAL CORPORATION PAUL R. COCKREL ATTORNEYS AT LAW JAMES M. MOCK JAMES P. COILINS 390 UNION BOULEVARD, SUITE 400 BECKY R. LENNON ROBERT G. COLE DENVER, COLORADQ 80228-7555 KATNRYN L. GARNER TIMOTHY J. FLYNN EVAN D. ELA TELEPHONE: 303-9861551 ERIC C. JORGENSON LINOA G. ALEXANDER TOLL FREE:- 800-35475941 or COU"M OAVID A. GREHER . 1 FACSIMILE: 303-988-5755 ' DIRECT E-MAIL www.eccrirm.com Imodc@cccemm.com 1VIEMORANDUIVi July 10, 2008 VIA E-MAIL TO: Board of Directors Mike Ortiz, Execurive Director Vail Park and Itecreation District CC: Matt Mire, Town Attorney Town of V ' FROM: James M. Moc RE: Su~ramary of Golf ourse Intergovernmental Lease Agreement This Memorandum summarizes some significant provisions of the Intergovernmental Golf Course Lease Agreement ("IGA"). The IGA is the culmination of discussions between District staff, Town staff, and various Board and Council members. 1. Form; Non-Golf Course Facilities Lease. The IGA is based on the Non- - Golf Course Facilities Lease approved by Town Council and the District. Board in March. Many provisions and cancepts are similar if not identical. The document is referred to as an "Intergovernmental Agreement" to more accurately reflect the relationship between the Town and the District, although the document still creates a leasehold interest in the Golf Course for various technical reasons. 2. Funding; Commitments. The IGA obligates each Party to budget funds starting in2009 toward Goif Course capital facilities repair and . replacement costs consistent with Exhibit B: The Town is to contribute $3,112,680 and the District is to contribute $2,923,100 through 2012. This obligation is subject to annual appropriation. {00113648.DOC / 3} COLLINS COCKREL 8L COLE Board of Directors . Mike Ortiz, Executive Director July 10, 2008 Page 2 3. Im act on Prior Leases.. This IGA supersedes and terminates the two underlying Golf Course leases and many amendments thereto, except to the extent such agreements deal with water supply issues. Consolidating the . two 2966 leases and, by last count, eight amendments into one easily manageable document will streamline administration. 4. Premises. The IGA covers the Golf Course and includes a license to operate wintertime activities on Town lands east of the Golf Course. It does not include other Town facilities. The Premises are identified in Exhibit A. 5. Rent; Enhancements Fund. The District is to pay rent in the amount of $129,000 per year, with annual cost increases subject to the Consumer Price Index. Rent funds are to be separately identified and are to be spent only on new recreational facilities, major upgrades to existing facilities that enhance the quality or diversity of the public's recreation experience, or unforeseen expenses. Town Council may direct funds to other Town purposes. 6. Performance Standards. Performance standards may be promulgated by the Recreation Subcommittee. The IGA also includes an affirmative covenant that the Golf Course is to be operated in a manner comparable to or exceeding other resort area municipal courses. 7. Master Planniniz Process. The IGA acknowledges there has been some discussion regarding reconfiguring portions of the Golf Course and other Town recreation facilities: The IGA is drafted with sufficient flexibility so that any major changes can be incorporated without the need for a . wholesale revisiting of the IGA. 8. ADA Compliance. The IGA acknowledges the U.S. Department of Justice Americans with Disabilities Act Settlement Agreement and commits the parties to comply. 9. Responsibilitv for Maintenance and Replacement. The IGA is structured very similarly to the Non-Golf Course Facilities Lease with regard to allocating responsibilities for maintenance, repairs, and replacement, and {00113648.DOC 131 COLLINS COCKREL & COLE Board of Directors Mike Ortiz, Executive Director July 10, 2008 Page 3 budgeting for the same. Specific obligarions and expected contributions are set forth "in Exhibit B to the IGA. 10. Capital Plan. . The IGA includes a process whereby Town staff and District staff meet at least annually to assess capital needs on a five-year basis. 11. Water Supplv. There has been some discussion regazding the various Golf Course water supply sources and how the Golf Course would be managed during a severe drought. The IGA commits the Parties_to cooperate to . develop a plan, to the extent feasible, for such an event. 12. Parking. A portion of the parking lot is included within the leased Premises. The IGA acknowledges the scarcity of parking and the need to use the Golf Course parking facilities for non-Golf Course needs during the winter. Knowing that the parking situation changes on a yearly basis and is ' driven in part by other factors,. the IGA permits the Parties to enter into separate agreements from time-to-time to cooperate on the use of parking facilities. Please do not hesitate to contact me with any. questions or comments prior to review by Town Council at its meeting on July 15, 2008. . . , . {00113648.DOC / 3} . ' TOWN OF VAII. AND VAIL PARK AND REC1tEATION DISTI2ICT INTERGO VERloT1VIENTAL GOLF COURSE LEASE AGREEMEN'T , 52008 c - {00084138.DOC / 9} . TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT INTERGOVERNMENTAL GOLF COURSE LEASE AGREEMENT . THIS TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT INTERGOVERNMENTAL GOLF COURSE LEASE AGREEMENT ("Intergovernmental Agreement") is made and entered into as of the day of , 2008, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town," and the VAIL PARK AND RECREATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, hereinafter referred to as the "District". The Town and the District are sometimes referred to herein singularly as a"Party' and collectively as the "Parties". WHEREAS, the District (i) is a quasi-municipal corporation and political subdivision of the State of Colorado separate and independent of the Town, (ii) is organized for the primary purpose of, and has over 40 years of expertise and skill in, providing recreational programs and services to its residents and visitors, and (iii) is governed by its Board of Directors, which Directors have been duly elected by its voters; and WHEREAS, the District imposes an ad valorem mill levy on taxable property within its boundaries for purposes of defraying in part the costs of fulfilling this mission; and WHEREAS, the Town owns various recreational facilities, including without limitation the Vail Municipal Golf Course; and WHEREAS, it is the desire of both Parties to cooperate in the provision of recreation.programs and services to the inhabitants arid guests of the Town at the Premises (defined below); and WHEREAS, the District has been providing such services under lease agreements, including without limitation the Ground Lease and Option to Lease Agreement dated as of May 27, 1966; First Amendment to Ground Lease and Option to Lease Agreement dated as of October 16, 1968; Ground Lease dated as of May 27, 1968 (all for Pulis Property); Ground Lease and Option to Lease Agreement dated as of May 27, 1966; First Amendment to Ground Lease and Option of Lease Agreement, da.ted as of October 27, 1967; Second Amendment to Ground Lease and Option to Lease Agreement dated as of October 16, 1968; Third Amendment to Ground Lease and Option to Lease Agreement {00084138.DOC / 9} dated as of November 18, 1969; Ground Lease dated October 16, 1968; Ground Lease dated as of May 23, 1966; First Amendment to Tract F Ground Lease dated as of November 8, 1969 (all for Vail Associates Property); Agreement dated as of March 14, 1985 between the District and Town of Vail; and U.S. Forest Service Special Use Pernut dated as of September 8, 1966, which documents axe collectively referred to herein as the "Prior Lease"); and WHEREAS, it is the desire of both Parties for the District to continue to provide these services; and . ' WHEREAS, the Parties intend for this Intergovernmental Agreement to ternunate and replace the Prior Lease, except for any provisions related to rights and obligations with regard to water supply; and WHEREAS, this Intergovernmental Agreement applies to the Vail Municipal Golf Course ("Golf Course") and the Parties do not intend for this Intergovernmental Agreement to apply to other Town recreational facilities used by the District; rather, a new lease applicable to such facilities is being executed on or about the same date herewith, which lease is know as the "Non-Golf Course Facilities Lease; and WHEREAS, in connection with identified major facilities repair and maintenance projects necessary to be conducted currently and into the foreseeable future as well as possible major renovations or reconfigurations of Golf Course facilities, the Parties desire to simplify, modify and supersede the Prior Lease and memorialize their intended relationship with respect to their rights and obligations with regard to the Golf Course for the term of this Intergovernmental Agreement; and WHEREAS, the Town and the District are authorized by the Constitution and Statutes of the State of Colorado, including Section 29-1-203, C.R.S., to enter into intergovernmental agreements to govern the provision of such services to the inhabitants and visitors of the Town; and NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby admitted, the Parties hereto agree as. follows: 1. PURPOSE. It is the general purpose of this Intergovernmental Agreement for the District to continue in the occupancy of the Premises and the management and provision of recreational services for the inhabitants of the District and visitors of the Town. Except as may be expressly reserved herein, this Intergovernmental Agreement sha11 supersede~ the Prior Lease and any other agreement to which the Town and the - District are Parties with respect to the Premises, and such Prior Lease and agreements are hereby agreed to be of no further force or effect with respect to the Town, the District and the Premises. {00084138.DOC / 9} 2 2. LEASE AND LICENSE OF PREMISES. (a) Lease of Propertv. T'he Town hereby leases to the District and the - District leases from the Town the real estate associated with, and all improvements, - including without limitation all facilities and structures, located on, in, or under, the Golf Course and more particularly depicted in Eghibit A atta.ched hereto and incorporated herein by this reference (the "Leased Property"). ' (b) License of Nordic Area. The Town hereby grants a revocable license to the District to use the area generally east of Hole 14, which area is more . specifically designated in Exhibit A as "Nordic License Area", for purposes of operating snow trails for cross country skiing and other winter time activities. Such license does not authorize the District to conduct acrivities unrelated to this purpose nor does it obligate the District to take on any maintenance obligations with regard to the Nordic License Area. . (c) Miscellaneous. The Leased Property and the Nordic License Area are collectively referred to in this Intergovernmental Agreement as the "Premises". This Tntergovernmental Agreement does not apply to the facilities covered in the Non-Golf Course Facilities Lease and the Vail Gymnastics Center. 3. USE OF PREMISES: PERFORMANCE STANDARDS. (a) Use of Premises. The Premises shall be primarily used for golf and outdoor winter recreation programs and services except as otherwise provided for herein. Such services and programs shall be of high quality and shall be of sufficient diversity and scope to meet the recreational needs of the inhabitants of the Town and the visitors thereto. (b) Performance Standards. The golf course shall be operated in a manner comparable to or exceeding other resort-area municipal courses, including public golf courses operated in Aspen, Breckenridge, and Steamboat. A committee composed of District Board Members and Staff and Town Council Members and Staff (a "Recreation Subcommittee") may be created to act as a liaison between the Parties. The Recreation Subcomm'ittee may promulgate from time-to-time advisory performance criteria with regard to programming, facilities usage and other matters related to tlie District's delivery of programs and~services at the Premises. , 4. UTILITIES. The District shall pay a11 charges for water; sewer, gas, electricity, light, heat, power, telephone, video, internet or other commurucations services used, rendered, or supplied upon or in connection with said Premises and shall, to the extent permitted by law, indemnify the Town against any liability or damages on account of such charges. , , {00084138.DOC / 9} 3 5. ACCESS TO THE PREMISES. The Town and its agents shall have the right to enter in or on the Premises to examine them and to perform maintenance, repair, or replacement as required hereunder. E 6. CHANGES TO THE PREMISES. (a) Town's Right to Make Changes. The Town retains the right to conduct major changes to the Premises, including without limita.tion additions, reconfigurations, tear-downs or relocations at its discretion. (b) Maintenance of Changed Facilities. In the event the Town determines to change a portion of the Premises, whether such change is minor or major (a "major" change including an expansion, tear-down, reconfiguration, relocation, etc.), the Parties shall meet and revise the Master List (defined below) of maintenance responsibilities consistent with the most recent allocation of responsibilities; provided, however, that the District shall not be obligated to retain or accept responsibility for maintaining, repairing, or replacing any changed item or new item if the District's estima.ted cost in doing so is increased by more than 10% as a result of such change unless such change is agreed to by the District. , (c) District Changes to Town-Maintairied Facilities. The District sha11 not change any portion of the Premises for which the Town is responsible for , maintenance, repair, or replacement without its prior written approval, wluch approval may include conditions. (d) Limitation on District Changes. The District shall not make any changes to any portion of the Premises which would adversely change the function, access, value, and/or quality of the Premises and with work costs in excess of $100,000 (in 2008 dollars) without the written approval of the Town. All such work shall be performed in a good and workmanlike manner. (e) Ownership of Improvements. All new facilities or other improvements affixed to the Premises shall, upon ternunation of this Intergovemmental Agreement, unless otherwise agreed at the time the Town's written approval is obta.ined or unless the Town requests removal thereof, become the properry of the Town. ( fl Golf Course Planning Process. (i) The Town and the District have expressed interest in exploring the desirability and feasibility of reconfiguring portions of the Premises, including the Clubhouse, Maintenance Facility, and portions of the Golf Course. In the event the Parties determine to move forward, the Pa.rties will cooperate, i-n a planning process to create preliminary design concepts and to determine feasibility and public support. The Parties shall also cooperate by amending the 1Vlaster List (defined below) as {00084138.DOC / 9} 4 necessary to avoid wasteful maintenance, repair, or replacement of any facilities tha.t will be demolished. This Intergovernmental Agreement has been drafted with sufficient flexibility so that amendments to this Intergovernmental Agreement should not be necessary; however, in the event the Town determines an amendment is necessary, the Parties shall cooperate to amend this Intergovernmental Agreement. ~ (ii) The Parties acknowledge the Americans with Disabilities Act Settlement Agreement between the District and the U.S. Department of Justice and agree to take steps to bring the facilities into compliance. 7. MAINTENANCE, REPAIRS AND REPLACEMENT. (a) General Maintenance Obligations. The Parties generally intend that the Town shall contribute financial assistance to maintain, repair, and replace the Clubhouse and Maintenance Facility mechanical systems, structural members and systems, and exterior finish items (e.g., painting, roofing, windows, etc.), eaxthwork (reta.ining walls and associated tee boxes), bridges, and the irrigation system in amounts, together with funds contributed by the District as set forth herein, that are sufficient to ensure that such items are maintained in good working order and safe condition and that such items are properly repaired when broken or damaged and replaced when they reach the end of their useful life. The Parties also generally intend that the Town shall not be obligated to provide financial_assistance for the maintenance, repair, and replacement of interior finishes (painting, drywall, flooring, etc.). The remaining provisions of this Section 7 have been agreed to in the contezt of tbis general understanding, wath specific responsibilities as set forth in the Master I.ist (defined below) in Exhibit B, which Exhibit may be amended from time-to-time. (b) Snecific Maintenance Obligations; Master List. The Parties shall be responsible for maintaining, repairing, and replacing the facilities and improvements listed in a master list attached hereto as Exhibit B and incorporated herein by reference . ("Master List"), which Master List may be modified or amended from time-to-time by acknowledgment of the Town's Town Manager and the District's Executive Director. Where a Party is designated as responsible for maintenance, repair, replacement, etc. of a particular facility or improvement, such Party sha11 perform the same at its sole cost and expense as and when needed to preserve it in good working order and first class condition. ~ . (c) HVAC and Irri at~ ion System Special Provisions. The District sha11 maintain adequate records to substantiate routine maintenance is being performed on HVAC facilities and, when upgraded, the irrigation system. Failure to properly maintain such facilities may result in responsibility for repairs and replacements, to the extent not already placed on the District, being shifted to the District in the discretion of the Town. The Town Director of Public Works may require periodic updates or reports on maintenance of these facilities. {00084138.DOC / 9} 5 (d) Damages to Facilities. Neither Party shall be responsible for the repair or replacement of any facilities or improvements damaged by the negligent or willful acts or omissions (including without limitation negligent maintenance) of the other Party or its guests, agents, employees, licensees, or invitees. (e) Annual Capital Facilities Assessment. On or before May 0 of every . year, each Party shall submit to the other Party for its review and comment an assessment of each of the facilities and improvements for which it is responsible under this Intergovernmental Agreement (a "Capital Facilities Assessment" or "CFA"). Each year the CFA shall include an evaluation of the adequacy of maintenance wluch has been performed and at least a five year forecast of expected maintenance, repair, and replacement items and an estimate of expenditures necessary to accomplish the same consistent with the terms of this Intergovernmental Agreement. The Parties may prepare a joint CFA if they desixe. The first CFA is contained within the same spread sheet as the Master List attached as Exhibit B hereto and incorporated herein by reference. Future CFAs do not have to be part of the Master List spreadsheet, it being the intention of the Parties that the CFA will be revisited and revised on an annual basis while the Master List will not change. In connection with prepari.ng a CFA, the Parties may jointly. recommend the acquisition, installation, and construction of new facilities or major upgrades to existing facilities from funds in the Recreation Enhancements Funds to be created pursuant to Section 10 hereof. (f) Annual Maintenance Log. Each Party shall keep an a.nnual log setting forth actual expenditures made for maintenance, repairs, and replacements required hereunder. Each Party shall forward a copy of such log to the other Party on or before May 0 of the following year. (g) Financing of Maintenance Obligations: Recreation Projects Line , Items. Promptly upon execution of this Intergovernniental Agreement, each Party shall take steps to institute in their respective budgets separate line items known as "Recreation Projects Line Items" or "RPLI" for the purpose of implementing the Capital Facilities Assessment. Subject to annual appropriation, each Party is obligated on an annual basis to appropriate to its respective RPLI the minimum amount of funds necessary to make the expenditures for the subsequent one-year period forecast in the five-year Capital Facilities Assessment. While the Parties are only required to fund one year in advance, the Parties are encouraged to use the RPLI to set aside funds for expenditures foreseeable several years into the future. Once funds are appropriated to the RPLI, they may only be expended on maintenance, repairs, or replacement items required to be made hereunder or on acquisition of new facilities or improvements for the Premises. However, for purposes of this Intergovernmental Agreement, funds appropriated to the RPLI do not have to be reserved for or traced to the item in the Capital Facilities Assessment to which they are related (e.g., funds identified in the RPLI in 2009 for replacement of a certain roof in 2014 are not restricted to funding replacement of such roof). Any funds not {00084138.DOC / 9} 6 expended in a particular year shall be re-appropriated consistent with the CFA; provided, however, that such remaining funds shall not offset or reduce funds required to be . appropriated to the RPLI in the subsequent year. On an annual basis, each Party shall provide the other Party with a detailed description of its appropriations to and expenditures from its RPLI. Upon the expiration or earlier termination of this Intergovernmental Agreement, any funds remaining in a Party's Recreation Projects Line Items may be spent in any lawful manner, for any purpose, and without any obligation to the other Party. 8. SURRENDER OF PREMISES. Upon the expiration or other termination of this Intergovernmental Agreement, the District shall promptly quit and surrender to the Town the Premises in good order and safe condition, ordinary wear excepted. 9. DISTRICT PROPERTY. All items of property purchased by the District and not affixed to the Premises shall remain the property of the District. 10. RENT; RECREATION ENHANCEMENTS FIJNDS District shall pay Town an a.nnual Rent in the amount of $129,000 per yeaz, commencing with the Rent payment for 2008, which Rent shall be increased annually based on increases in the U.S. Department of Labor's Consumer Price Index for the Denver-Boulder statistical area. Upon receipt of the 2009 Rent payment and subsequent years, the Town sha11 maintain the Rent proceeds in a separate account or in a manner similar to the Recreation Projects Line Items above, with such proceeds referred to herein as "Recreation Enhancements Funds" or "REF". Once funds are credited to the REF, they may only be expended on new facilities, major upgrades to existing facilities, or unforeseen costs to facilities on the Premises; provided, however, that such funds may. be spent on any Town purposes where the Town Council has determined the need. The Parties intend that "new facilities" or a "major upgrade" under this Section are (i) facilities which enhance the quality or diversity of the public's experience of the Premises or the Leased Prenuses, as the case may be, beyond the experience that would prevail if the facilities were simply being maintained as required pursuant to this Intergovernmental Agreement (ii) and are not mere repairs or replacements of existing capital facilities. - On an annual basis, the District may request a detailed description of revenues to and expenditures from the REF. Upon the expiration or earlier termination of this Intergovemmental Agreement, the Town may expend any funds remaining in the Recreation Enhancements Funds on any lawful purpose and without any obligation to the District. 11. PASSES. As a benefit for its employees, the District shall provide the Town with as many season golf, tennis, Nordic, and skating passes as the Town requests. Such passes shall be non-transferable. Use of the Premises pursuant to such passes shall be subject to all District policies, rules and regulations. 12. WATER SUPPLY. Irrigation and other water is supplied to the Premises pursuant to various agreements and interests in water rights. The Parties do not intend for 100084138.DOC / 9} 7 ' this Agreement to supersede or modify such agreements and rights, even if contained in the Prior Lease. However, the Parties agree to cooperate in the prepaxation of an inventory of water supply sources, with particular focus on supply limitations during drought conditions. The Parties anticipate that; working with third-party water providers, _ such inventory will lead to the development of a comprehensive plan to address and mitigate, to the extent feasible, any identified water supply weaknesses. 13. PARKING. The District shall cooperate with the Town with regard to public parking at the Premises and the Clubhouse paxking lot in particular. The Town acknowledges that the District must provide parking for golf, restaurant, Nordic and other District purposes and parking facilities are essential. The District acknowledges the critical shortage of winter and special events parking and agrees to conti.nue to cooperate in allowing the public to park at the Premises subject to reasonable reservation of spaces necessary for use of the Golf Course. The Parties may enter into separate agreements from time-to-time to fizrther cooperate in the use of parking facilities. 14. PERSONNEL. The Town and the District and their respective officers, agents, and employees shall fully cooperate so as to facilitate the performance of this Intergovernmental Agreement. The provision of recreational services and programs as contemplated in this Intergovernmental Agreement, and the hiring, firing, and discipline of District employees shall be the responsibility of the District. No person employed by the District shall have any right to Town benefits including health insurance and pension: The District, however, may invest pension funds in the Town's pension fund subject to such conditions as may be established by the Town and permitted by law. The Town shall not be liable for the payment of.any salaries, wages, or other compensation to any District personnel performing recreation services pursuant to this Agreement, nor for any obligation of the District other than provided for herein. Nothing herein shall obligate the Town to be liable for the injury or sickness of any District employee arising out of his/her employment. , 15. LIABILITY, INDEMNIFICATION AND_INSURANCE. (a) District Indemnification. To the extent legally permissible and without waiving any of the protections, requirements, and limitations of the Colorado Governmental Immunity Act, the District shall indemnify and hold the Town, its agents, servants and employees harmless from and against any and all liability, loss, damages, , costs and expenses, including reasonable attorney's fees and costs of investigating any such matters, suffered or sustained by the District, its agents, servants or employees, or by any other person rightfully on or about the Premises arising out of any act, error, omission or negligence in the operation, maintenance or use of the Premises by the District, its agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the Premises, or any condition of the Premises or adjacent property; provided that this indemnity shall not extend to damages resulting solely from the negligence or willful misconduct of the Town, its agents, servants or employees. {00084138.DOC / 9} 8 (b) Town Iridemnification. To the extent legally permissible and without waving any of the protections, requirements, and limitations of the Colorado Governmental Immunity Act, the Town shall indemnify and hold the District harmless from and against any and a11 liability, loss, damages, costs and expenses, including reasonable attorney's fees arising from the negligence of the Town, its officers, agents, employees, successors and assigns. (c) . Insurance. The District and the Town shall respectively provide their own public liability, property damage, and errors and omissions insurance policies sufficient to ensure against all liability, claims, and demands or any other potential liability arising from this Agreement. Further, the District and the Town sha11, subject to the approval of each Party's insurance carrier, name the other Party as a coinsured under such insurance policies and shall fumish evidence of the same to the other Party. By execution of this Intergovernmental 'Agreement, each Party represents that it has received satisfactory proof of payment of the other Party's insurance. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. The District and the Town may provide such insurance through programs of self insurance. Each Party shall procure and continuously maintain the following minimum insurance coverages, or self insurance capability: . , (i) Workman's Compensation insurance coverage in the statutorily prescribed amounts. (ii) The following types of insurance coverage in the amount of one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence; or such limits as otherwise provided by the Colorado Governmental Immunity Act, and one million dollars ($1,000,000) aggregate: (1) General Liability insurance coverage. The policy shall be applicable to a11 Premises and operations and shall include coverage for bodily injury,. broad form property damage, personal injury, blanket contractual, products and completed operations. , . (2) Comprehensive Automobile Liability insurance coverage with respect to each of the Parties' owned, hired or non-owned vehicles used in the performance of this Agreement. (3) Errors and Omissions insurance coverage. (4) Liquor Liability insurance coverage if the District obtains a liquor license to serve wine,.beer, or intoxicating liquors. {00084138.DOC / 9} 9 16. EFFECTIVE DATE. This Intergovernmental Agreement shall become effective on the date set forth at the beginning of this document. 17. DEFAULT. (a) General.. In the event a Party fails to perform any of its non- monetary obligations (a "non-monetary default") hereunder after 30 da.ys written notice or a Party fa.ils to perform any of its monetary obligations (a "monetary default") after five days written notice, then such Party sha11 be in d'efault under this Intergovernmental Agreement, and the non-breaching Party shall be entitled to exercise any and all rights provided for by law, includ'ing without limitation termination of this Intergovernmental Agreement. However, no failure to perform an obligation shall be deemed a default for so long as . (i) The breaching Party is using its reasonable efforts to cure a non-monetary obligation wluch cannot reasonably be cured within the 30 day period referenced in Section 17(a) above; (ii) The breaching Party disputes that it has failed to perform an obligation and either Party determines to mediate the dispute. If a Party determines to mediate, it must provide written notice to the other Party within the applicable notice period referenced in Section 17(a) above of such determination. Upon delivery of such notice, the applicable notice period shall be tolled effective as of the date of the notice and the Parties shall proceed to mediate the issue; provided, however, that the notice period shall be tolled only for so long as the mediation process is actively being pursued and, in any event, the tolling period shall last no longer than six months from the da.te of ' the initial notice of non-performance. The Party requesting mediation shall pay the costs of the mediation, except for any attorneys fees incurred by the other Party in connection with the mediation; or . (iii) A Party is unsatisfied with the results of the mediation proceedings referenced above and provides notice, prior to the lapsing of the notice period referenced in Section 17(a) above (which period may be tolled pursuant to Section . 17(a)(ii) above), to the other Party of its intent to have the dispute subject to non-binding arbitration. In such event, the Parties sha11 submit the matter to non-binding axbitration and the notice period referenced in Section 17(a) above will again be tolled. However, the notice period shall be tolled only for so long as the arbitration process is actively being pursued and, in any event the tolling period shall last no longer than nine months from the date of the initial notice of non-performance. The Party requesting arbitration shall pay the costs of the arbitration, except for any attorneys fees incurred by the other Party in connection with themediation. (b) In the event of a re-occurring non-monetary default or a re-occurring monetary default, the defaulting Party shall only have 48 hours after written notice is . , 100084138.DOC / 9} 10 made to perform such obligations before such Party shall be in default and the mediation and arbitration provisions of this Section shall be inapplicable and of no effect. (c) Limitation of Damages; Remedies Cumulative. Neither Party is entitled to incidental, consequential or exemplary da.mages as a result of the default of the other Party: All rights and remedies herein enumerated shall be cumulative, and none sha11 exclude any other remedies allowed at law or in equity. 18. TERMINATION. (a) Unless sooner terminated as provided for herein, this Intergovemmental Agreement shall terminate at noon ten years from the date set forth at the beginning of this document (the "Termination Date"); provided, however, that this Intergovernmental Agreement shall automatically renew for up to two successive ten year terms unless either Party provides the other Party with written notice of its decision to not renew this Intergovernmental Agreement no later than one year in advance of the . Ternunation Date. (b) Upon expiration or earlier termination of this Intergovernmental Agreement, the District's right to use the Premises and all improvements thereon shall cease as provided for herein. (c) Upon termination of this Intergovernmental Agreement, both Parties shall have no further obligations of any kind or nature, except those that specifically survive termination. 19. MISCELLANEOUS PROVISIONS. (a) Amendments, Modifications and Waivers. No amendment, modification, or waiver of any covenant, condition, or provision hereunder shall be valid unless in writing and duly executed by the Party to be charged therewith. (b) Entire Agreement. This written Intergovernmental Agreement embodies the whole agreement between the Parties hereto and any inducements, pronuses, terms, representations, conditions, or obligations made or entered into either by the Towri or the District not contained herein are void and of no force or effect. (c) Binding Agreement. This Intergovernmental Agreement shall be binding upon the respective Parties, their successors or assigns. (d) Severabilitv. All promises and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Intergovernmental Agreement shall be interpreted as if such invalid provision or covenant were not contained herein. {00084138.DOC / 91 1 1 (e) Authority to Enter. The District and the Town have represerited to each other that each possesses the legal ability to enter into this Intergovemmental Agreement. In the event that a court of competent jurisdiction determines that either of the Parties did not possess the legal ability to enter into thi"s Intergovemmental Agreement, this Intergovemmental Agreement shall be voidable by the other Party. ( fl Notice. Any notices to be sent to the Parties pursuant to the terms of . this Intergovemmental Agreement shall be considered made the day it is mailed via certified or registered mail to the following addresses: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81658 . Executive Director Vail Park and Recreation District 700 South Frontage Road East Vail, CO 81657 (g) No Third Party Rights. This Intergovemmental Agreement shall not be deemed to confer or grant to any third Party any right to claim damages or bring any legal action or claim against either the District or the Town because of any breach hereof or any covenant, condition, or provision contained herein. (h) Specific Enforcement. In addition to any other remedies available to the Parties in law or equity upon breach, this Intergovemmental Agreement shall be subject to specific enforcement. (i) Assignment; Sublease. This Intergovemmental Agreement shall be non-assignable and the District shall not mortgage or encumber any of the facilities set forth herein or pledge any interest under this Intergovemmental Agreement as security in a financing transaction without the prior written consent of the Town in each instance. However, the District may sublease or license portions of the Premises for purposes which further the District's provision of park and recreation services to the public, which purposes include without limitation concession services, food and beverage services, performances, sleigh rides, and other amenities; provided, however, that any such sublease or license shall not have a term exceeding three years without the written consent of the Town. (j) Obligations Subject to Annual Appropriation. The obligations of the Town and the obligations of the District hereunder are subject to the annual appropriation of funds necessary for the performance of such obligations by the Town's Town Council {00084138.DOC / 9} 12 and the District's Board of Directors, respectively, which appropriations shall be made in the sole discretion of such bodies. ` - (k) , Section Headings. The section headings in this Intergovernmental Agreement are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. (1) Time of the Essence. All the time limits and requirements stated in . this Intergovernmental Agreement are of the essence of this Intergovernmental Agreement. (m) Duplicate Original. This Intergovemmental Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. (n) Compliance with All Laws and Regulations. The District agrees not to use or pernut the Premises to be used for any purpose or in any fashion prohibited by the laws of the United States, or the State of Colorado, or the ordinances or regulations of the Town. .(o) Additional Assurances. The Parties agree to reasonably cooperate to execute any additional documents and to take any additional acrion as may be reasonably necessary to carry out the purposes of this Agreement. , IN WITNESS WHEREOF, the Town and the District have executed this Intergovernmental Agreement as of the date first set forth above. TOWN OF VAIL, a_Colorado municipal corporation , By: Attest: . Secretary VAIL PARK AND RECREATION DISTRICT, a quasi-municipal corporation and - political subdivision of the State of Colorado {00084138.DOC / 9} 13 By: Attest: Secretary STATE OF COLOR.ADO ) ) ss. COUNTY OF ) -The foregoing instrument was subscribed and sworn to before me this day of , 209 by as of the Town of Vail Park, a Colorado municipal corporation. Witness my hand and official seal. , My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 20 , by as of Vail ~ Park and Recreation District, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official sea1. My commission expires: Notary Public {00084138.DOC / 9} 14 - F~iIBYT A . pTION O~ P"~5E5 - DESC~ • - , . . 00484138.DOC 19) Exhibit A ~ x x~ • ~ ~-t z, Y-~~~. ~ R.~ ' 4 - ~ Sfarter/ - t~'~,~,..d^y^"'~ I k `~.~y.,~~~~.~ ~ r _ , j • . : . ' ~,ri ~ ~ - ~ : . 1 + ' . .r.y1?"N»":sa~,4a~...+~^:^':. . - ~ R urant 25ta evoms ~ : ~ . . , . ~ ~ ~r--.,.'..,... . :,+rru"',.~ y . ~y"d ~.a -~y,, 4• . - Pafking ~ • .x, , • i ~ - ` , M. ` p _ \ * -Y . s ~ . k.fi... •;•1- r". X~`~tl~ . . . Bathrooms • / ~ ` _r l / ~ Y' , y x s. r~~ ath ` ~ ( r sth Golf Course - ~ ~ ~ Maintenance Building - i p.a stn ~ Weather 5helter F~ Boundary of Premises 325 650 Feet ! 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' ' cJ~ F`!. ? . . . . - .~,-r..-: n• ~ ~ , . z ~ .~k r " ' 'aaY ~ ` i \ c t ' x~~r~ ~if.;• ~r ~ ',•..7td}. \ : : ~ a" . . ~ ' ` xA''~~~."~:: ~ ~ ~ q ,.x ~ f ~.•}~~id ~~`~w~~'~~ ~ ~ YM t s~~*~'4~^ ` ~ , _ . - . x.. ~ ~ ~ w~J" ~ : ` .Y~ ~.....R. "r , ? ~sr„y° r, ~ ~ F nF . ~t a ~ '~,.e*. v ` - . 1 . ' ~ ~ t It . f~ ~~t~~ .y, ,~a".^ ~ , ~ . ~y'X , fi , t ~ !f ,t ~ ~ ~ y~ ~ ~ ` ~ o~,,ewa ~ ~ ~ ~ * ~t ~ 9yS~~~ i J~.. - ASL~. fi~.;_~s • • e. . .~t.: - ~ ~~j$~ 3*` ~ • ' i~ , z~ .i!f : A,•; , .i Boundary ofi Premises o soo 600 Feet ~ . (Pa rcel 210102307001 8 210102402001; Zone Distrid: Natural Area Preservation 8 Outdoor Recreation) Tn-m we-ma oymeT- or vei c5 raam ena ~Na oe usea kr aenerei eumoses arvy The Twm ot Yeil does frot -ttM eccurecyalMe mb-eM1m coMeineO ~ (where shQnn. O~I Ine woM is ~WOSj~B Nordic License Area w - _ r+~-?~,,,.. . ~ ~ m ~ y , : - I k:, e; 5I ~ LL ~ 2 _ O ~ u ~c ~At } ~ ~ C t w r . n.m , . ' . . ' ~ _ 5 ` _ $ ; s AM' . ~ , ~ 6 x t Nc~ ~ ~ l >JZ i - ~aQ J ~ . ~ F r ~ Z ~Q ~ • ' ! ~ 1 ` ~ t r . . . ~ . ~ . . N . , t * ; . ~ , . ~ • ~ _ . . s , , . . . . . . * Y • ' • r • ~ ~ LL~ £ _ ~ . ~ . _w, . ~p - O . W 1 ~ • ~ S y r; t~° ' ~ : ~ M rF • . ~ O EXHIBIT B MAINTENANCE RESPONSIBILITIES MASTER LIST AND INITIAL CAPITAL a FACILITIES ASSE5SMENT (Attached - 3 Pages) Atta.chment Acknowledged By: Town of Vail Vail Park and Recreation District Town Manager Executive Director Date: Date: - , . {00084138.DOC / 9} Exhibit B VRD/TOV SUMMARY OF ESTIMATED VAIL GOLF CLUB FACILITIES CAPITAL MAINTENANCE AND REPLACEMENT COSTS Average Per ' Summary Year Thereafter Description Code 2007 8 2008 2009 2010 2011 2012 TotalThru 2012 (2013-2026) I Golf Course Capital - See Detail By Corresponding Summary and Color Code on Following Pages: I 100% TOWN RESPONSIBILITIES: r - ' Golf Maintenance Bldg- TOV T-2 - 76,018 4,382 - 2,912 83,312 21,261 , 100% VRD RESPONSIBILITIES: Clubhouse & Starter Shack- VRD D-1 68,403 4,100 18,965 52,393 6,813 150,675 48,952 I j 50/50 SPLIT ITEMS: I - ADA- Elevator & Restrooms S-1 - 525,000 - - - 525,000 . r„ x^~ ;044 ? Retaining Wallls S 3 - " 405,196 - - - . 405,196 1,237 Bridges S-4 - 324,220 - 52,643 23,725 400,588 11,478 I ~ Total Items Split 50150 - 4,569,460 - 52,643 167,085 4,789,187 91,671 Total Golf Course Capital 312,136 5,315,438 76,789 125,052 206,365 6,035,780 275,040 I Total TOV Responsibility - Irrigation System - 1,607,522 - - - 1,607,522 17,974 Total TOV Responsibility - Other Golf - 1,368,383 15,682 34,639 86,454 1,505,159 67,630 Total TOV Responsibility- Golf - 2,975,905 15,682 34,639 86,454 3,112,680 52% 85,604 31% Total VRD Responsibility - Irrigation System - 1,607,522 - - - 1,607,522 17,974 Total VRD Responsibility- Other Golf 312,136 732,011 61,107 90,413 119,911 1,315,578 171,462 Total VRD Responsibility- Golt 312,136 2,339,533 61,107 90,413 119,911 2,923,100 48% 189,436 69% Ili I I I i ~ 'i I I EXHIBIT B PAGE 1 II Exhibit B VRD/TOV SUMMARY OF ESTIMATED VAIL GOLF CLUB FACILITIES CAPITAL MAINTENANCE AND REPLACEMENT COSTS Ave2ge Per Summary Year Thereafter Description Code Town Responsibfliry VRD Responsibility 2007 2008 2009 2010 1011 2071 -Total Thru 2012 (2013-2026) D2-Clubhouse • Grease Traps 0.1 None Ap 10,400 10,400 - D3-Clubhouse - Sand/Oillnterceptor D-1 None AIl 7.000 7,000 - O4.Clubhou5e Slucco T-7 AII None 31,858 31,958 3,122 D5-Cfubpouse Wuod 7nm T-7 All None 3,707 3.707 1.791 D6-Clubhouse Wintlows T-1 Exlerior calking and repta:zmeni Intenm Galkin9 6 M1.tinnr Repavs 3,300 3,300 B.ST/ D7rlubhouse Extenor 6oors T-1 E#enor caiking anrl replacament Interior Calldng 8 MiaorRepairs 7,760 1.700 2.451 DWClubhouse Law Slope P.oofny T- All None 394,000 394,000 - ."J D10-GOIf Cart Storage Flour D-1 None All 5,262 5,1b1 1,954 Di t-Clubhouse Inlenor Walls and Ceilings D-1 None All 10,023 70.023 2,052 D12-CluDhouse Flooring D7 None AN 1,456 38,995 41.451 4,424 D14-Clubhause Intenor Fumishinps D-7 None All - 1,682 D15-CluDhouse Kitchen D-7 None All 7,138 7,138 20,326 D78-ClubhouseLockerRooms 0.1 None Atl - 2,087 D17-Ciubhouse • Exlingushers D-7 None All 5,000 5,000 1,088 D18-Ciubhouse - Plumbin8 D-1 All excepl fix drains to grease trap Make all drains go to preese trep 20,000 20,000 - D19-Clubhouse Exterior Fumdure D-1 None All 5,287 5,287 558 D27-Clubhouse DomeStic Hot Water Heater D-i Splil 50/50 Splil 50/50 4,100 4,100 527 D25-CIubhouse Rooflop 6diaust Hoods D-1 All Except Rastreurant Restaurant Only 5,000 5,000 - AAditionalltem- ADAElevator S7 SplitS0/50PerAgreement SpIil50/SOPerAgreement 225,000 225,000 - Addilional Itern~ ADA Elevator S1 Spl'R 50150 Per Agreement Splil 50l50 Per Agreement 225,000 225,000 D26-Clubhouse Lift Station Pumps 0.1 Splil 50/50 SpIX 50/50 3,858 3,656 435 D28-Slarter Shack Building Envebpe 0.1 None All 5,600 6,813 12,413 9,272 D29-Starter Shack Intenor D-1 None All - 1,250 D30-Yurt D3 None All - 655 031 -GolfCOUrseWeather5hetters D-3 Mone All 46,800 46,800 - D32-11th Hole Pump House 8uilding Envel S2 SplB 50/50 Split 50150 2,324 - 2.324 30,057 D3341th Nole Pump House MechaNcal 3-2 SpIA 50/50 Spl'd 50150 22.000 22,000 5,897 D3413th Hole Restroom- Structure ' 0.3 None All 14,560 14,580 1,880 D's5-131ii Haie neshroorn ouiiJiny Envelope 0.3 None All 73,500 1.217 19 717 540 D36-73th Hale P,estmoms D3 None All 9,733 9,733 - Additional It- 1311,: Hole cesfrooms ADA S7 : plit 50/50 Splrt 50150 75,000 75,000 - I D37-Gubhouse Aspb2R Parking Areas SS Spl2 50/50 SpIR 50/50 - 700,600 143,960 243,360 . 43,009 _ D38~GIubhuuse Goncrete Parking Block6. T-1 AII None 7.040 7,040 963 I ;]3F C',f~;r,[;ous•r PaikinQ f.i~h~in~~ T-1 All NonA 7.076 7.OY9 - i I I EXHIBIT B PAGE 2 Exhibit B VRD/TOV SUMMARY OF ESTIMATED VAIL GOLF CLUB FACILITIES CAPITAL MAINTENANCE AND REPLACEMENT COSTS Average Per Summary Year Thereatter Descrip[ion Code Town Responsibility VRD Responsibility 2007 4008 2009 2070 2017 2014 Total Thru 2012 (2013-2026) r.i,• . .p:.•. . . : I>dln5' . > ; . .-AN . . . . _ . . . . . - , +s~r'~ ' ; D41•Clubhouse Concrele Walkv+ays, SYairs and Patios D-1 Clubhouse Sedions Starter Shack Sections 4,597 4,597 47 D43•Clubhouse Retaining Walls . " 63 - SpIIl50/5o . SpI1150l50 5,198 5,198 - D44-1s[ Tee Box Relaining Wall 5-3 SpIil50/50 Split 50150 1,237 , . - R?ta iing Wall S3 SpIA 50/50 Sptlt 50/50 100,1300 ; o0.0o0 - D46-6th Hole Retaining Wall S-3 . Spld 50/50 Split 50150 - .24,998 . 24,998 - D47 7u - wa wall . S•3 SpIIl50150 6PIit 50150 . - ' - 275 OCO ;S.Oao - D49•1sl Hole Britlge 5-4 Split 50/50 SpIN 50/50 5,475 5,475 579 D50•1 sl Hole Timber Palh S4 SpIN 50/50 Split 50150 52,843 52,643 6,281 D51-2nd Hole Bddge ~ 5-4 SpIN 50/50 Spltt 50/50 . 5,720 5.720 854 D52-11ih Hole Tlm6er Bndge &d Splk 50/50 Split 50150 750,000 150,000 - D53-11ih Hole Pedistdan Brldges 5-4 Splft 50/50 SpIIl50/50 3,000 3,000 1,128 , I ...;-+.atnHoi~.3cdm- 9-4 SpIft50/50 SpIR50/50 - - 926 D55-151h Hole Bndge 5-4 SpIA 50/50 Spld 50/50 18,250 18,250 1,930 . D56-17fii Yioie Bildge S-4 Spiit 50150 Spitl 50/50 - 165,560 - D57•GOIf Gourse Pontl System S-2 N!A- ERNSD N/A- ERWSO 058-WeatherStations 0.3 None All - - - -7,808 D59-Safety Nets 0.3 None All 21,999 21,999 20,126 ~i 060,CWbhouse Signaga T.1. . Adt . _ . _ . . . . H~ , ~ . ~ , . , . , ~ ~ . _ 3.$~F7.._ . . _ . . . . . 3,957 505 I D61-TeeBoxMonumenls 0.3 None AA - 1,447 . D63-Irriyation System 5-2 SpIA 50/50 SpIA 50750 - 3,190J20 3,190,720 - I, . . . . . . . . . D64-GOIf Course Spld Rail Fencing 0-3 None All 2.271 2,271 261 ELMaintenanceBuilding - SWcNre T-2 AII None - 1,017 li E2-MainlenanceBuiltlinp-SWCCO TQ All None 8,878 8,878 1,015 E3-Maintenance Building- Wood Trim anG Solftls 7•2 AII None 3,890 4,362 1,3130 9,602 1,328 E4Mainlenance Building- Wntlows T-2 EMerior calking and replacemenl Interior Calking & Mlnor Repairs 1,100 1,700 - E6-Maintenance Builtling- Garage Doors T-2 All None - 681 E7-Mainlenance Building- Steep Slope Rooflng T-2 All None 30,100 30,100 7,094 EB-MaiNenance Building Intedor - 0.2 - None - All . 2,772 . - " 8,439 8,210 - 1,736 E9-Mainienance Building- Lockers 0.2 None All . " - 234 E77-Maintenance Building- Boiler T-2 ReplacemenVOVerhaul Routine maintenance - 671 ' E72-Malntenance Building- Hot Wa1er Storage Tenk T•2 Repiacement/OVerheul Routine mainlenence - 417 E13-Maintenance Building- Domastic Hot Waler Neater T-2 ReplacemenVOverhaul Routine meintenance 1,582 1,582 - E74-Maintenance Bullding- Gas Firetl Heeter T•2 ReplacemenVOVerhaul Routine maintenance • 298 ' HS-Maintenance Building-Fumace T•2 ReplecemenVOverhaul Routine maintenance - 462 ' Et6-Maintenence Building• HVAC Unit T-2 Replecement/OVarhaul Routine maintenance 618 I E17-Maintenance Building- Overhead Ratliant Heat Systems T-2 ReplacemenVOVerhaul Rouline malNenance • 508 . E1B-MainlenanceBuilding•.EuhaustSystams. . . b-2-:'. . None AA . . . . - , . . . - . .396 Et9-SforageBuiMing-Slructure T-2 All None 23,000 23.000 - I E21 •ASphafl Dnving and Parking Aree•TOV T-2 Repeving 8 1/2 Crack/Seai Coat 12 Crack Fill / Seal Coat 2,952 2,952 6,348 , E2bASphalt Oriving and Parking Area VRp~~ ' . . . 0.2 . Repavinp 81(2Cr$cklSeal:Coat -72 CrackFill / Seal,C~pst 2,952 2.952 . ; . . 948 , E23-Wood Privacy Fencing T•2 All None - 6,098 - 6,098 764 I E25-FuelStoraBeTank 0.2 None All ;~-f~~^Y~ •.~aa~~ _.:,~'a~`ss0 ~,',~~se.~ ~~k~t~.~`'~.'k.a_,~n;3~~?,.tj~fi''r'~_... 1.429 I mamomim E2&TreeReplacement _ ~~.0.3 None All , 10,816 ~ 4 ~ , 66,330 18,532 . EXHIBIT B PAGE 3 APPENDIX 1 TO TOWN OF VAIL AND VAIL PARK AND RECREATIOlV DISTRICT INTERGOVERNMENTAL AGREEMENT CAPITAL FACILITIES COMPLIANCE "CHEAT SHEET" 1. Annual Transfer of Funds to Recreation Projects Line Items Made on in the amount of $ 2. Capital Facilities Assessment Required to Be Fumished on June 1 of each year. . 3. Forward Annual Maintenance Log to the Other Party by April 1 of each year. 4. Annually Provide the Other Party with.a Detailed Description of its Contributions to and Expenditures from its Recreation Projects Line Items. 5. Make recommendation with regard to funds held in Recreation Enhancements Funds. r " 100084138.DOC / 9} RESOLUTION NO. 14 Series of 2008 A RESOLUTION APPROVING AN INTERGOVERNMENTAL GOLF COURSE LEASE AGREEMENT WITH THE VAIL PARK AND RECREATION DISTRICT; AND SETTING r. FORTH DETAILS IN REGARD THERETO. WHEREAS,.the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and Vail Park and Recreation District (the "VRD") desire to enter into an Intergovernmental Golf Course Lease Agreement (the "Agreement") subject to the terms set forth in the attached Exhibit A; and _ WHEREAS, on March 4, 2008 the Council approved Resolution No. 2, Series 2008 authorizing the Town Manager to enter into a Master Facilities.Lease with the VRD subsequent to the Council's approval of a lease agreement for the Vail Golf Course; and , WHEREAS, the Town and VRD are authorized by the Constitution and Statutes . of the State of Colorado, including Secton - 29-1-203, C.R.S., to enter into intergovernmental agreements to govern the provision of the services set forth in the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Intergovernmenfal Golf Course Lease Agreement, attached as Exhibit A hereto and incorporated herein by this reference, is approved by the Council. 2. The Town Manager is hereby authorized to execute and deliver, on behalf of the Town, the Golf Course Lease Agreement in substantially the same form as approved by the Council. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town . Council of the Town of Vail held this 15t' day of July, 2008. Dick Cleveland, Town Mayor ATTEST: . ' Lorelei Donaldson, Town Clerk Resolution No. 14, Series 2008 5 if • • MEMORANDUM TO: Town Council FROM: Kelli McDonald, Economic Development Manager DATE: July 15, 2008 SUBJECT: Town of Vail Economic Development Strategic Plan Vision and Goals 1. Introduction The Town of Vail added a Department of Economic Development in April of 2007. During the first year of operation, the department sought input from the Vail Economic Advisory Council, Vail stakeholders through the 2020 Focus on the Future process and Town Staff on creating economic sustainability for the Town of Vail now and into the near future. It was determined that an Economic Development 10-year Vision and 5-year Strategic Plan needed to be developed as a decision-making guide for the implementation of objectives and action steps relative to providing long-term economic health for the Town of Vail. 11. Status . The vision and goals for the Economic Development Strategic Plan have been'developed. Staff is looking for approval from Town Council before , moving forward with the balance of the plan. III. Next Steps Upon approval, Staff will develop, a draft Economic Development Strategic Plan for review by the Vail Economic Advisory Council and Staff. This draft will then be presented to Town Council in 3`d quarter 2008 for feedback. The plan will be finalized and delivered in 4th quarter 2008. ~ . r ~ ECONOMIC DEVELOPMENT DEPARMENT STRATEGIC PLAN 2008 TEN YEAR VISION: Vail's economy is supported through a year-round viable business environment that meets the market demands of both residents and visitors. The major redevelopment of much of the town has expanded and enhanced Vail's pedestrian and commercial areas, which provides a strengthened tax base. A diversity of retail, lodging, dining, special events, service businesses and both indoor and outdoor recreation opportunities funds a growing employment and revenue base. The town's strong infrastructure, environmental stewardship and its cooperation with economic and community partners benefits Vail's economy. Through prudent cost-management and balancing of diversified revenue sources, the municipality has sustainable funding for its capital and operational needs. , FIVE YEAR GOALS: #1 Increase the Town of Vail's economic activity as measured by tax revenue to, at a minimum, keep pace with annual inflation. . #2 Focus on building a year-round economy; reduce economic seasonality by growing the summer economy at a rate greater than or equal to the winter economy. #3 Maintain a town-wide workforce in which at least 30 percent of people who work in Vail also live in Vail. #4 Identify and implement additional revenue sources to support Vail's capital needs. #5 Provide direction for upgrading and maintaining Vail's capital assets. , ` a MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 15, 2008 SUBJECT: First Reading of Ordinance No. 15, Series of 2008 (Electrical Code Ordinance) Applicant: Town of Vail Staff: Martin Haeberle, Chief Building Official 1. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 15, Series of 2008, an ordinance amending Section 10-1-2, Adopted Codes, Vail Town Code, in order to adopt the 2008 National Electrical Code, and Section 10- 1-9, Electrical Code Amendments, Vail Town Code, in order to adopt amendments to the 2008 National Electrical Code, and setting forth details in regard thereto. The Vail Town Council can approve, approve with modifications, or deny Ordinance No. 15, Series of 2008, upon first reading. II. BACKGROUND Every three years, the administrator of the National Electrical Code (NEC), the National Fire Protection Association (NFPA) conducts a public review process to update the NEC. This year, the NFPA adopted the 2008 NEC, which will be officially adopted by the State of Colorado on August 1, 2008. The 2008 edition of the NEC is being proposed in order to be in alignment with the State of Colorado's adoption early next month. While most changes made were insignificant, an amendment requiring increased use of arc fault circuit interrupters will increase the cost of building a new residence. The current adopted edition only requires these protection devices in sleeping rooms(i.e. bedrooms) while the new 2008 edition will require them in more rooms, creating an additional safeguard against electrical fires. The average new residence may require 15 or 20 of the device at $150 each. While the change may seem like a financial burden, the benefit is that the protection provided by these devices will significantly reduce the fire potential in the home from faulty wiring of home appliances such as lamp cords. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 15, Series of 2008, upon first reading. IV. A7TACHMENTS - A. Ordinance No. 15, Series of 2008 ' Attachment A ~ ORDINANCE NO. 15 SERIES OF 2008 ORDINANCE 15, SERIES OF 2008, AN ORDINANCE AMENDING SECTION 10-1-2, ADOPTED CODES, VAIL TOWN CODE, IN ORDER TO ADOPT THE 2008 NATIONAL ELECTRICAL CODE, AND SECTION 10-1-9, ELECTRICAL CODE AMENDMENTS, VAIL TOWN CODE, IN ORDER TO ADOPT AMENDMENTS TO THE 2008 NATIONAL ELECTRICAL CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Nationai Fire Protection Association amended NFPA 70, commonly referred to as the 2008 edition of the National Electrical Code; and WHEREAS, the State of Colorado will officiaily adopt the 2008 edition of the National Electrical Code on August 1, 2008; and WHEREAS, the Vail Town Council finds that the proposed amendments.further the development objectives of the Town of Vail; and WHEREAS, the Vail Town Council finds 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. 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 amend Section 10-1-2, Adopted Codes, and Section 10-1-9, Electrical Code Amendments, Vail Town Code, in order to adopt the 2008 version of the National Electrical Code. (Text that is to be deleted is stFisken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2: Section 10-1-2 is hereby amended as follows: 10-1-2: ADOPTED CODES: G. Electrical Code: The nafional electrical code, 290 2008 edition, is hereby adopted by reference. The national electrical code is published by the National Fire Protection Association, Inc., One Batterymarch Park, Quincy, MA 02269. Section 3. Section 10-1-9 is hereby amended as follows: 10-1-9: ELECTRICAL CODE AMENDMENTS: The following amendments are hereby made to the national electrical code, 2-995 2008 edition: A. Article 910.80 - Mulfi-Family Dwelling Units. Article 110.80, Multi- , Family Dwelling Units, shall be established as follows: In multi- family dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces shall be exempt from this requirement. 8. Article 230, Part ll - Overhead Service-Drop Conductors. Article 230, Part ll, Overhead Service-Drop Conductors is hereby deleted in its entirety and replaced with the following text. Overhead services shall not be permitted within the town of VaiL C. Article 230.32 - Protection Against Damage. Article 230.32, Protection Against Damage is hereby amended to add the following text. (a) Underground service shall be installed in approved conduit from the utility transformer to the electric meteddisconnect switch, and to the main circuit breaker (service entrance). D. Article 250.52 - Grounding Electrodes. Articie 250.52 shall be amended to include the following text: (C) For new construction, electrical services shaii be bonded to a concrete encased electrode. Where the water pipe is metal, it shall also be bonded within five feet of wafer entrance. E. . Article 300.5 - Underground Installations. Article 300.5, Underground Installations, is hereby amended to add the following text. All underground electrical wiring of 120 volts or more shall be ' ~ installed in PVC conduit. Minimum depth of 18 inches from the top of the conduit and warning tape is required . F. Article 310.5 - Conductors For General Wiring. Article 310.5, Conductors For General Wiring shall hereby be amended to add . the following text: Aluminum wire or copper clad aluminum wire smaller than #8 A WG shall not be permitted. - G. Article 334.12 - Uses Nof Permitted. Article 334.12, Uses Not Permitted, is hereby amended to add the following text: c) Type NM. Type NM cables shall not be used under the following conditions: (1) Any buiiding containing occupancy groups A, B, E, F, H, l, M, S, as defined in 2003 international building code. H. Article 410.4(D) - Bathtub And Shower areas. Article 410.4, Bathtub And ShowerAreas, is hereby amended to add the following text. Fixtures in bathtub and shower area shall be rafed for the use (damp/wet location) and shall have a lens on the fixture trim. • , . power-, . , , 23; , ; , . . , . AGGeFdingly, , Section 4. The building codes adopted by this ordinance shall be effective for all building permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after August 5, 2008. Section S. 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 6. 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 7. The amendment of any provision of the Town Code as provid'ed in this 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 8. 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 15t' day of July, 2008, and a public hearing for second reading of this Ordinance set for the 50' day of August, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town-Clerk , ' VA1L LOCAL MARKETING DISTRICT (VLMD) 6:00 P.M., TUESDAY, JULY 15, 2008 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time the VLMD will consider an item. 1. James Chung ITEMITOPIC: Presentation of Brand Research Study and Recommended Strategies. (60 min.) ACTION RE4UESTED OF COUNCIL: Listen to the presentation, ask questions. BACKGROUND RATIONALE: Vail Local Marketing District approved a brand research study to be conducted in 2008 with the findings to be used for planning and marketing in Summer 2009. James Chung of Reach Advisors was awarded the contract from an RFP process and will present the results and recommendations for strategies moving forward. STAFF RECOMMENDATION: Adopt strategy of Reach Advisors recommendation. 2. John Dawsey ITEMITOPIC: Request to release a portion of the VLMD Contingency funds to begin solicitation of brand partners for 2009 marketing efforts. (15 min.) ACTION REQUESTED OF COUNCIL: Listen to the request, ask questions and give direction for next steps. BACKGROUND RATIONALE: The recommendation.of James Chung of. Reach Advisors is for the VLMD to adopt a brand partnership strategy for 2009 marketing efforts. In order to secure these partners, it is important to begin the solicitation process now. The Vail Local Marketing District Advisory Council is requesting authorization to allocate a portion of the 2008 Contingency Fund for this effort. STAFF RECOMMENDATION: Approve the request for allocation of a portion of the Contingency Fund to be utilized for solicitation of brand partners for the 2009 marketing efforts. (15 min.) 3. ITEM/TOPIC: Adjournment. (7:15 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) a v~~ 1 ~ ~S_ • ~ ~.~..Y.'-.~.,.. ' , ~ . R ~ ` s ~s . . ~w ~ . ~~'~'ijP "ad_ ~ ~ ~ _ _ ..,,it.o: qt~x.,., . . . ~ . . 3 . } ~ r 1 +'ro ~ ~s.qr Vail Local Marketing District mwN~y~~ Perceptual Analysis and Brand Strategy Presented by E CH AovisoRs stakeholder > ~ s P 42 • • • -so • CliLA/M -tudies r~ C RE ADV H isoas ~ ~ > summer peri I -ence t EACH ' ADVISORS doesa e baLT'd ~ ronie ~ E CH Ap V ISO RS i e . . ~ - a ~ ~ ~ ~ o ~ • • w • . ~ • ~ • cHAp Ft"fis R ADE CH + Vlsofis ~ e 1-Like-ly t-lo do -ul-ie fo r hobby D _ a • Source: Reach Advisois Study 2008 Rt cH Aovisoas Vacationa o learri c) develop a sl,,-il---L'. o ~ • s ti-ley . Source: Reach Advisor.s Study 2008 REACH Aovisoas 9 Mountain . o . 2) i pass-Lons i opportunities g lear,ning opportu--riitie ~ ~ 5ource. `Rea-~ ' Adv~:soS"~~tI.7CIy ZOOS REACH AovisoRs ~ 0 fesL.Ival Source: Reach Advisors Study 2008 RE cM _ , ADVISORS ~ ~ ~ destination. P~ ext-reiiiely 5ource: Reach Advisors Study 2008 RE c~ ADVISORS ~ ~ Saurce: Reach Acivisors Study 2008 APFM.CFI DVISOflS • • o „ . o ! Source: Reach Advisois Study 2008 EACH ADVISORS V ~ ~ 10 • visd-ts 0,- V'ail becouies a wo -a s . destinat-loy-j. for dev-elopiriq ~"ADVISOFS . I~7~. &,b . 6 ~ ~ _ r~`, I ~ ~ ~~~y~p ~ly 1 ~ ~ ~ .EA~ ~ ~I ~`r,~ k I II~ ~ ^`~~"c~ , ~ : ; ~3'z Q~£( I} ~ ~ - ~ ~ " ~ ~ ~ . r3^ ~~a ' Infrastructure PlVRD: Dobson, G-,yr'nyias'lL'-JLcs Ce.,nter, Natu*,re Cen-Ler? Vail Resorts: Ulnderut_ilizec~ i`.,a-ci_Jli-L-'ias- vv V_ a r? t E CH ADVISORS RE cH AD V ISORS ;0 ~ RE cH ' Aovisoas REACH AoviSORs partnerships CH A ovisEoas Subjelcts of interest e .e; v,r t . . . Outa'oor r > 0^ Y,. 0<: D:. 1" r • d ' E CH ADVISORS . ~ ~ a canipss? ~ 10- o • • p ji-inior E CH Aovisoas cement . b nat • • :t ~ CH Aovisoas r > New York Philh~_--irmo i s • » AD »F` a I' ~1. La C"( R t cr~ n, RE CH AD V ISO RS . ~ ~ ~ 0 ~ Ao~~S~Rs opporturno-ties ~ E CH AD V ISORS partner P pr(Dgramluirlg ~ . t- EAGH AovisoRs n ' k. and • ~ skills ~ RE cH ADVISORS ~ ) d • assi , 1-1 ~ • IlocaLlol-I ~ E CH • ppv~soas 0 or, i z, r -IS ~ E CN Apv~sORs , / ~ m. o ~ ~ ort fo _ transformational vacation • experiences EACH AovisoRs i Fti+t i r~?° f,~f'~ ,~r~ ~ i r ~ . Z?px i, . .5}. rF a. - s........ James Chung 617.489.6180 ext. 1 . R E A C H iames@reachadvisors.com A D V I S OR S ADVISOqS t Who We Are James Chung leads Reach Advisors, and will be heavily involved with this engagement. James founded Reach Advisors in 2001 following a successful career in targeted marketing and research. Prior to Reach Advisors, James founded a targeted marketing services and research firm serving high-income professionals that he subsequently sold to a Fortune 200 information services firm. Earlier in his career, James served one of the world's largest consumer marketers while at their lead US ad agency, running the efforts in four areas: advising the head of US media on emerging shifts in media channels and technology-enabled communications, super-heavy-user segment marketing, local promotional overlay to support the $500 million national media plan, and post-campaign analysis. James' first job was the creation of one of the largest student group ski tour packagers feeding into Colorado while he was in high school, work that paid for much of his college expense. James has a BA and MBA from Harvard University. His insights are shared frequently in industry conference presentations, with recurring appearances at the conferences for the National Ski Areas Association, New England Winter Sports Summit, Eastern Ski Writers Association and the North American Snowsports Journalist Association, Urban Land Institute, Big Builder, etc. His work is published widely in media outlets, with multiple appearances in Ski Area Management, National Ski Areas Association Journal, Robb Report Vacation Homes, Lodging Hospitality, Travel + Leisure, Sports 1llustrated, Golfweek, The New York Times, USA Today, TIME, Business Week, American Demographics, Brandweek, NBC Nightly News, etc. James serves as a judge for the National Ski Areas Association's Marketing Awards and Guest Service Awards. He recently started spending his Saturdays as ski instructor at a local teaching mountain. Despite being tied to work and life within school vacation calendars and a traditional suburban environment in New York, his four-year-old and seven-year-old children still log 40+ ski days spread across five states each year. And if you were to ask his seven-year-old son what is his single favorite resort of the 20 that he's skied, you would be rather pleased. Sally Johnstone has been a Senior Consultant at Reach Advisors since 2006, and will - work closely with James Chung on this project. Her client work is focused on mountain resort operators, resort real estate developers and master planned communities. Prior to joining Reach Advisors, she spent over a decade in ski resort marketing management at some of the most successful resorts across the Northeastern US. Before that she was a self-admitted ski bum who fell in love with the mountains for the summers as much as the winters. Her volunteer experience includes six years in leadership positions for the Berkshire Visitors Bureau of Massachusetts, as well as work with WinterKids in Portland, Maine, and the Massachusetts Ski Areas Association. She has presented at National Ski Areas Association conferences and writes feature articles for the NSAA Journal and Ski Area Management Magazine. She has lead groundbreaking industry-wide studies on women, families and skiing, as well as on consumer attitudes about and consumption of ski and snowboard school products. She is currently leading a strategy and repositioning study Whv We Are The genesis for the decision to found Reach Advisors was James's frustration as a buyer of market research when he worked for a leading advertising agency. Despite tapping into a rather significant market research budget that acquired the services of the best market research firms in America, he simply could not fi nd a firm that could deliver insight that was truly strategic and grounded in operational reality and where the end product was actionable results, rather than just another research report. At Reach Advisors, w,e're in the business of turning insight into action. We ask our clients to measure our work by increased market share and revenue, the ultimate justification for any research or strategy project, and we work together with clients to make sure that happens. The Gondola Saeech Reach Advisors is a marketing strategy and research firm focused on emerging shifts in how affluent Americans live, play and buy. Much of the work of Reach Advisors is conducted for mountain resort operators, resort real estate developers, master planned communities, and non-profit community institutions such as land conservancies and museums. Given the client base of the firm, we have a-unique expertise in research and marketing involving affluent households in the top 5%, 1%, % of 1%, and 1/1h of 1% in income and wealth. d The work of Reach Advisors combines innovative quantitative and qualitative research methodologies, probing analysis of demographic and consumer behavior data, and strong strategic and tactical grounding to deliver insight that can be translated into results. Our client work typically covers issues including: • Market definition, competitive landscape analysis, and market gap identification • Product definition and brand perception by internal and external audiences • Assessment of the guest experience, expectations, and levers to drive , repeat visitation • Analysis of consumer decision-making processes and marketing effectiveness • Insight into emerging shifts in attitudes and actions toward community, lifestyle and leisure time • Demographic and psychographic segmentation • Demographic and generational analysis to assess marketplace shifts and long-term trends • Brand positioning and marketing strategy that drives decisions with higher confidence and greater impact for the new leadership at the National Ski Patrol, and is a former PSIA Level 2 instructor. She earned her BA from the University of Buffalo and MBA from the University of Massachusetts. Sally has a three-year-0Id son who spends his winters on snowshoes and summers on his very tiny mountain bike. At Reach Advisors, the senior principals personaliy field the research and drive the analysis for our engagements. While this is not an efficient model for basic market research engagements, which we do not take on, it is a particulariy effective structure for challenging client issues that require senior-level experience and judgment throughout the process. While the firm inciudes two part-time support staff who focus on administrative support, the bulk of client work is driven by the senior principals. In addition to James and Sally, Reach Advisors includes a third professional staff member, Susie Wilkening. While James and Sally would conduct almost all of the work on this engagement, this other Senior Consultant at Reach Advisors might be involved in a support role on issues related to another perceptual analysis study that she is leading, for the Smithsonian Institution, examining younger audiences who are destination visitors. ~ r . • . • District A• o Council Mellio To: Vail Local Marketing District From:Vail Local Marketing District Advisory Council Date: July 9, 2008 Re: VLMD Contingency Account A{location The recommendation of James Chung of Reach Advisors is for the VLMD to adopt a brand partnership strategy for 2009 marketing efforts. In order to secure these partners, it is important to begin the solicitation process now. The Vail Local Marketing District Advisory Council is requesting authorization to allocate $18,818 from the 2008 VLMD contingency account for this effort. This woufd.ieave a balance of $18,682 in the contingency account for the remainder of 2008. The remaining $17,000 necessary to complete the solicitation process is available in the strategic advisory fees account. A memo from Untraditional Marketing outlining the deliverables for the partner solicitation process is attached. ~ i ~ Mi n-Frar-(it-inr),-Al m:~rl~Atinn ,y , , Hccount 5ervices Ketainer 2008 Partner Solicitation for 2009 Transformational Immersion Untraditional Marketing will implement the next phase of the reporting/architecture development is partner solicitation. UM's strategic and management team will conduct a full recruitment of a targeted list of brands and groups to create a Transformational Immersion in 2009. This will be a . four month process beginning in mid-August once the final direction is determined and approved. In addition once partners are secured during this period, this will also encompass partner contracts, liaison work and the start of partner implementation leading into 2009. This project also includes all administrative services needed for solicitation. Travel has been accounted for with the anticipation of approximately six trips, both to potential partner locations and for potential partners to come to Vail. Budget $35,818 • Partner Solicitation - $29,818 • Travel - $6,000 Reporting/Architecfure 8 Developmenf • Sponsorship Inventory Report - UM will perform a sponsorship inventory report defining all sponsorship assets that can be marketed and leveraged. • Soft Adventure Content Development - UM will develop a 3 year plan to enhance Vail's soft adventure product. This comprehensive plan will be presented in 2008 for implementation to begin upon approval. ~ 11:26 A'" Vail Local Marketing District o71osios Accrual Basis Profit & Loss Budget vs. Actual Jar!uary threugh !u.^.s 2008 Original Amended Jan-Jun08 % f~get Bu=e= Bu=~ Income 310 • Lodging Tax 1,324,440 63.83% 2,075,000 2,075,000 313 • Other Income 25,700 399 • Interest Income 2,825 43.47% 6,500 6,500 - Totallncome 1,352,966 65.0% 2,081,500 2,081,500 Expense 6301 • Destination 6301.01 • Advertising 48,181 20.5% 235,000 285,000 Total 6301 - Destination 48,181 235,000 285,000 6302 • Front Range 6302.06 • AdveRising 30,130 12.32% 244,500 269,500 6302.07 • Partnerships 129,396 53.92% 240,000 240,000 Total 6302 • Front Range 159,526 32.93% 484,500 509,500 6303 • Groups and Meetings 6303.01 • PrintAdvertising 55,143 64.17% 85,940 85,940 6303.03 • Marketing Services 30,609 56.16% 54,500 54,500 6303.04 • Travellfradeshows 31,380 30.92% 101,500 101,500 6303.05 • Memberships 550 11.0% 5,000 5,000 6303.11 • Familiarization Trips 24,998 99.99% 25,000 42,500 6303.15 • Public Relations 7,500 50.0% 15,000 15,000 6303.17 • Direct Sales 6,000 50.0% 12,000 12,000 Total 6303 • Groups and Meetings 156,180 52.25% 298,940 376,440 6304 • Public Relations Expenses 57,455 49.53% 116,000 170,000 6305 • Fulfillment 345 . 8.63% 4,000 4,000 6306 • Photography 2,631 4.78% 55,000 55,000 6307 • Research 9,750 50.0°/a 19,500 19,500 6310 • Admin Miscellaneous 1,716 17.16% 10,000 10,000 6311 • Database Mgmt 8 Direct Mail - 0.0% 6,000 6,000 6314 • Collateral 9,000 100.0% 9,000 9,000 6315 • Web & Email Marketing 14,180 18.91% 75,000 75,000 6316 • Events 130,000 245.28% 53,000 153,000 6318 • Asset Marketing 148,000 100.0% 148,000 148,000 6400 • Contingency - 0.0% 37,500 35,500 7000 • Professional Fees 7001 • Legal and Accounting 4,500 25.0% 18,000 20,000 7003 • Advertising Agent Fees 44,908 72.43% 62,000 62,000 7004 • Media Agency Fees 20,000 100.0% 20,000 20,000 7007 • Marketing Coordination-WP/TOV 31,250 25.0% 125,000 125,000 7008 • PR - Professional Fees 55,000 55.0% 100,000 103,500 7009 • Web Site 79,073 83.23% 95,000 95,000 7010 • Strategic Advisory Fess 75,000 77.32% 97,000 97,000 7011 • Partnership 80,452 66.67% 120,678 120,678 7012•AirService 4,153 20.76% 20,000 20,000 7013 • Concierge Program 11,500 50.0% 23,000 23,000 Total 7000 • Professional Fees 405,835 59.62% 680,678 686,178 ~e Total Expense 1,142,800 51.2% 2,232,118 2,482,118 Net Income 210,166 -139.54% (150,618) (400,618) - Beginning Fund Balance 1,002,894 825,792 1,002,894 Ending Fund Balance 1,213,060 675,174 602,276 %age Fund Balance (25% required) 32% 29% Page 1 of 1