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HomeMy WebLinkAbout2009-10-27 Agenda and Support Documentation Town Council Special Meeting VAIL TOWN COUNCIL SPECIAL MEETING AGENDA 0i. TOM VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 2:00 P.M., OCTOBER 27, 2009 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Public comments on work session item may be solicited by the Town Council 1. ITEM /TOPIC: Pursuant to Section 4.2 of the Vail Town Charter, the Town Manager has requested a Special Joint Meeting of the Vail Town Council (TC), Planning & Environmental Commission (PEC), Design Review Board (DRB), Vail Local Housing Authority (VLHA) and the Timber Ridge Affordable Housing Corporation (TRAHC) for the purpose of discussions on: A pre - application conference with Vail Timber Ridge, LLC., prior to submitting its initial development application for the redevelopment of the eastern half of the Timber Ridge Village Apartments for employee housing, located at 1280, North Frontage Road, Vail, Colorado /Lots C -1 thru C -5, Lionsridge Subdivision, Filing No. 1. Such pre - application conference is an opportunity for the applicant to hear comments from the Vail Town Council, Planning & Environmental Commission and the Design Review Board concerning the redevelopment project. The Town shall not be bound by any such comments made by the Council, Commission, or Board, and any such reliance on such comments shall be at the applicant's own risk. (3 hrs.) 2. ITEM /TOPIC: Citizen Participation. 3. ITEM /TOPIC: Adjournment. \n 10/27/2009 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 27, 2009 ITEM /TOPIC: Pursuant to Section 4.2 of the Vail Town Charter, the Town Manager has requested a Special Joint Meeting of the Vail Town Council (TC), Planning & Environmental Commission (PEC), Design Review Board (DRB), Vail Local Housing Authority (VLHA) and the Timber Ridge Affordable Housing Corporation (TRAHC) for the purpose of discussions on: A pre - application conference with Vail Timber Ridge, LLC., prior to submitting its initial development application for the redevelopment of the eastern half of the Timber Ridge Village Apartments for employee housing, located at 1280, North Frontage Road, Vail, Colorado /Lots C -1 thru C -5, Lionsridge Subdivision, Filing No. 1. Such pre - application conference is an opportunity for the applicant to hear comments from the Vail Town Council, Planning & Environmental Commission and the Design Review Board concerning the redevelopment project. The Town shall not be bound by any such comments made by the Council, Commission, or Board, and any such reliance on such comments shall be at the applicant's own risk. ATTACHMENTS: Housing Zone District Timber Ridge RFP 102709 Special Meeting Agenda Pre DIA \n 10/27/2009 \n ARTICLE I. HOUSING (H) DISTRICT 12 -6I -1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and designed to meet the needs of residents of Vail, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12 -6I -2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee housing units, as further regulated by chapter 13 of this title. Passive outdoor recreation areas, and open space. (Ord. 12(2008) § 10) 12 -6I -3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Automated teller machines (ATMs) exterior to a building. Banks and financial institutions. Business offices and professional offices, as further regulated by section 12 -16 -7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. \n 1 of 6 10/27/2009 \n 1 - 1 - 1\n Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30 %) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. (Ord. 12(2008) § 10) 12 -6I -4: ACCESSORY USES: The following accessory uses shall be permitted in the H district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Minor arcades. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12 -6I -5: SETBACKS: The setbacks in this district shall be twenty feet (20') from the perimeter of the zone district. At the discretion of the planning and environmental commission, variations to the setback standards may be approved during the review of a development plan subject to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. \n 2 of 6 10/27/2009 \n 1 -1 -2 \n C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20') setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12 -6I -6: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55 %) of the total site area. At the discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (75 %) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12 -6I -7: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30 %) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12 -6I -8: PARKING AND LOADING: Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) \n 3 of 6 10/27/2009 \n 1 -1 -3 \n 12 -6I -9: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All conditional uses in section 12 -6I -3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12- 6I -10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan: 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). (Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12- 6I -11: DEVELOPMENT PLAN REQUIRED: A. Compatibility With Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process And Procedures: The proposed development plan shall be in accordance with section 12 -6I -12 of this article and shall be submitted by the developer to the administrator, who shall refer it to the planning and environmental commission, which shall consider the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12 -3 -6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12 -3 -3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. \n 4 of 6 10/27/2009 \n 1 -1 -4 \n E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12 -9A -10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12- 6I -12: DEVELOPMENT PLAN CONTENTS: The administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and /or modified by the administrator and /or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and /or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. (Ord. 29(2005) § 23: Ord. 5(2003) § 3: Ord. 19(2001) § 2: Ord. 3(2001) § 2) 12- 6I -13: DEVELOPMENT STANDARDS /CRITERIA FOR EVALUATION: The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria. A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and, when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. \n 5 of 6 10/27/2009 \n 1 -1 -5 \n E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures are implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) \n 6 of 6 10/27/2009 \n 1 - 1 - 6 \n Timber Ridge Redevelopment Request for Qualifications and Proposal 75 SOUTH FRONTAGE ROAD VAIL, COLORADO 81657 December 18, 2008 TO M 0F \n 10/27/2009 \n 1 -2 -1 \n ARC Integrated Program Management Inc. Timber Ridge Redevelopment Request for Qualifications and Proposal To Whom It May Concern: Your firm is being considered as a respondent to be the developer for a Town of Vail project. The selection process will be as follows: ➢ 18 DEC 08 : Issue Request for Qualifications /Proposal for Redevelopment ➢ 29 JAN 09 : Responses due from interested respondents (3:00pm) ➢ 02 FEB 09 : Committee review responses and develop shortlist ➢ 06 FEB 09: Oral Interview shortlist announced ➢ 12 FEB 09: Oral Interviews ➢ 28 FEB 09: Award Exclusive Negotiating Right For the purposes of responding to the informational requests below please use the information in this RFQ /P in conjunction with the information on the ftp site to prepare your firm's submittal, addressing the following points: I. Project Overview A. Constructed in 1981, Timber Ridge Village Apartments is Vail's largest employee housing complex, consisting of 198 rental units on just over ten acres. B. The Town acquired the property in 2003 to preserve the property's deed restricted affordable housing designation, a critical piece of the resort community's infrastructure. C. Currently most of the property is master leased to Vail Resorts and other local businesses on a year - round basis. D. As envisioned by the Town, this redevelopment will serve an integral role in strengthening the Town's employee housing inventory. E. The Town of Vail is proposing a phased development with 1/2 to be developed now and 1/2 held for future uses. F. RFQ /P applicants are not to submit fully designed project proposals, as the design will evolve and will be based on community input, stakeholder feedback, and market conditions. G. A RFQ /P process is being used to select a development team, instead of a more traditional Request for Proposals, in recognition of the need for sustained collaboration between the selected development team, the Town, neighborhood representatives, adjacent property owners, and other stakeholders required to formulate a feasible project that can successfully accomplish the project objectives. \n Page 2 of 9 10/27/2009\n © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -2 \n Timber Ridge Redevelopment Request for Qualifications and Proposal H. All work related to this community asset should follow the Town's vision, mission, values and commitment as stated below: Town of Vail Vision To be the premier Mountain Resort Community! Town of Vail Mission We will provide the citizens of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities. Town of Vail Values Respect — Trust — Integrity — Innovation — Collaboration Town of Vail Commitment To provide vision, leadership, efficiency, transparency, accountability and fiscal responsibility. II. Current Project A. The Site 1. Address: 1280 North Frontage Road 2. Parcel Number: 210312105008 3. Legal Description: Lots C1 -05, Lionsridge Filing #1 4. Current Zoning: Housing Zone District (H) 5. Lot Size: 10.08 Acres B. Current Conditions 1. 16 Buildings — two and three stories a) 198 two - bedroom, one - bathroom units b) Each unit is 744 square feet 2. 1 Recreation Building a) 437 square foot recreation room 3. 1 two - bedroom manager's unit (1,100 square feet) 4. 17 washers and 17 dryers 5. 1,150 square foot storage /office space 6. 225 total parking spaces C. Location /Features 1. Property is located just 1.5 miles off the West Vail 1 -70 exit with convenient access via North Frontage Road. 2. 1 -70 is directly south of the project and a steep hillside is located to the north. \n Page 3 of 9 10/27/2009\n © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -3 \n Timber Ridge Redevelopment Request for Qualifications and Proposal 3. Buses are a common means of transportation. 4. The remaining western 1/2 of the property will remain in service, with 95 existing rental units (380 beds) in operation, with possible redevelopment at a future date. 5. Wet and dry utilities are available onsite 6. The parcel is owned by the Town of Vail III. Project Objectives (in no particular order) A. The Town of Vail wants to assure long -term affordability of rental units for employees working in Vail or Eagle County more than 30 hours per week. B. Provide a minimum of 600 affordable deed restricted rental beds on the Eastern 5.04 acres (1/2 of the property) which the Town of Vail will subdivide from the existing 10.08 acre parcel. It is anticipated that buildings A through 1 (102 units) will be demolished by the successful respondent. C. The Town of Vail will retain ownership of the land and make it available via a land lease. D. The Town of Vail expects the developer to eliminate its $11 MM debt on the 5.04 acres being redeveloped prior to commencement of demoliton. E. Occupancy of the project should begin by November 1" of 2011. F. The project should be designed, constructed and operated utilizing sustainable techniques and processes. IV. The Developer's Responsibilities A. Decide what unit mix provides the greatest benefit to the work force within the Town of Vail, and is still economically viable. Identify the unit types including number of bedrooms and beds in the financial plan. B. Maximize the number of rental units provided. C. Provide complete financing for all phases of the project. D. Provide a proposed land lease structure for the property that does not anticipate transfer of ownership. E. Provide a transportation /Parking Plan, including any proposed reduction of minimum number of parking spaces that would be required. F. Provide operations and maintenance of the housing facility for a minimum of twenty (20) years, with a clear understanding the project will provide affordable housing in perpetuity. G. Obtaining all required approvals through the standard Town of Vail review process for projects of this type. This includes, but is not limited to: 1. Obtaining Subdivision approvals; 2. Obtaining Development Plan Approval; 3. Applying for and Procuring Building Permit; \n Page 4 of 9 10/27/2009\n © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -4 \n Timber Ridge Redevelopment Request for Qualifications and Proposal 4. Complying with PEC and DRB requirements; and 5. Meeting the Town of Vail Code requirements. (re: www.vailgov.com Note: Some of the above approvals can be completed concurrently. V. The Respondent's Qualifications A. Cover Letter / Comprehensive Project Team 1. Provide complete information on proposed project team, and explanation of relationships between members that clearly depicts the roles and contributions of various members; 2. Note the availability of project team members in hours per week and the effectiveness of their plans for balancing the workload associated with the Project with other existing commitments; and 3. Outline the strength of the recommendations provided by references for the Respondent. 4. Utilize the "Project Team" tab of the attached Excel spreadsheet for this information. B. Experience and Background 1. Provide a resume for each of the team members 2. Demonstrate respondent's team's experience as a Developer working with public entities to structure and implement large- scale, affordable housing development in the past 5 years that are comparable to and include the uses envisioned for the proposed Project showing sensitivity to and expression of citizen issues and environment; 3. Provide three examples of similar projects completed and awards and national recognition received, design problems solved for each project; housing unit costs as a percentage of total project costs, the cost per square foot of the affordable portion of each of the projects, the type of construction; and the total project costs and financing methods; and 4. Outline the extent of the experience of specific individuals on the respondent's proposed project team in public - private development projects. 5. Utilize the "Project Team" tab of the attached Excel spreadsheet for this information. C. Financial Capacity 1. Demonstration of sufficient and immediately available financial resources to fund the costs associated with negotiation of development agreements, obtaining entitlements and other approvals, and other predevelopment activities; and 2. Demonstrated ability in similar projects to obtain private equity and debt for development, use of public - private partnerships for the Project's financing and tax advantage. 3. Provide a narrative outlining the process and steps for elimination of the Town of Vail's $11 MM debt on the property. 4. An income statement for the current year to date, full prior year; and \n Page 5 of 9 10/27/2009\n © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -5 \n Timber Ridge Redevelopment Request for Qualifications and Proposal 5. A letter from your firm's financial institution noting your firm's financial stability D. Conceptual Approach and Methodology 1. Provide a narrative outlining respondent's approach to integrating the objectives of the proposed Project into the physical, financial, project management, environmental, and other aspects of its eventual development program, representing an award - winning project reflecting community interests and goals; 2. Statement of understanding of affordable housing and site challenges, citizen interest, local economy, progressive design concepts, mountain environments, and the Town of Vail culture; and 3. Utilize the "Schedule" tab of the attached Excel spreadsheet to provide a conceptual time schedule for entitlement, financing, design, construction and Tenant Move -In. E. Organizational Chart 1. Provide an organizational chart for pre- construction, construction, and Tenant move -in activities and highlight the point of contact for each phase. This should match the team outlined on the "Project Team" tab in the Excel spreadsheet. VI. Program A. Please provide a program for the facility showing unit type, quantity, unit area, beds /unit type, total beds, expected rent per unit, expected rent per bed and total rent. B. Provide an expected square footage for the public spaces and circulation of the facility. C. Utilize the "Program" tab of the Excel spreadsheet for this information. VII. Owner's Budget A. Please provide an Owner's budget for the project using the "Owner's Budget" tab of the Excel spreadsheet, showing responsibility, applicability and cost (if applicable) for each line item provided. B. Leave no line item un- addressed in the responsibility or applicable category. C. The total amount provided as the developer's responsibility should be the maximum amount required to complete the project as a first cost. VIII. Maintenance and Operations A. Provide an example of a written maintenance and operations plan your firm has used on a similar project. B. Provide an operations budget for this project showing detailed costs, revenue and net by month and year. C. Maintenance and Operations plan should incorporate the costs of financing, profit, and all other cash flow for the project which should be positive. D. Utilize the "Pro- forma" tab of the spreadsheet for this information. \n Page 6 of 9 10/27/2009\n © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -6 \n Timber Ridge Redevelopment Request for Qualifications and Proposal E. Proposals containing the lowest rents will be viewed more favorably then those with higher rents. IX. Financing and Pro -forma A. Provide a narrative of the proposed financing method for this project. B. Utilize the "Financing" and "Pro- forma" tabs of the Excel spreadsheet for this information. C. Leave no line item unaddressed. X. Selection Criteria and Future Process A. Statements will be reviewed by an evaluation committee, consisting of Town Staff and the Vail Local Housing Authority. B. A recommendation will be made by the committee to Town Council; however, Town Council will review all RFQ /Ps submitted and will make the final decision. C. The Town reserves the right to contact respondents with requests for clarification or additional information, or to arrange other follow up activities it deems appropriate. XI. Submittal Instructions and Statements A. Knowledge of RFQ /P and Site Investigation 1. Developers who submit a Statement of Qualifications (the "Statement ") are responsible for becoming fully informed regarding all circumstances, information, laws and any other matters that might, in any way, affect the Respondent's roles and responsibilities in the project. 2. Any inspection or other on -site investigation of facilities during this RFQ /P process must be coordinated through the Town of Vail's housing coordinator, Nina Timm (ntimm @vailgov.com). 3. Additional information is available on the ToV's ftp site including: ♦ Property Survey ♦ The Housing (H) zone district ♦ Town of Vail Design Guidelines 4. You can access the Timber Ridge ftp site using the following credentials: ftp://www.vailgov.com username: timberridge password: vailrfq You can use Internet Explorer 6 as the ftp client, but you'll have to use Windows Explorer if you have Internet Explorer 7 (right -click the START button and choose Explore). \n Page 7 of 9 10/27/2009\n © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -7 \n Timber Ridge Redevelopment Request for Qualifications and Proposal B. Submittal Instructions for Statements 1. Statements in response to the RFQ /P are sought only from experienced developers of similar projects. 2. Inquiries regarding this RFQ /P should be directed to the Town of Vail addressed to Nina Timm, Housing Coordinator ( ntimm(c�vailgov.com ) with a cc to Tim Brekel ( tbrekelC@arcipm.com ) and John Bills ( jbills(a)arcipm.com ). 3. Respondents must use the submittal template provided by the Town of Vail for all financial related information. 4. 20 copies of the Statements should be submitted, as well as an electronic copy on CD in PDF format and the excel spreadsheet unprotected. 5. The Town of Vail reserves the right to cancel or amend this RFQ /P and will announce revisions to it by amendment. 6. Statements should be sealed, marked "Timber Ridge RFQ /P" and addressed to the following: Nina Timm Town of Vail Housing Coordinator 75 S. Frontage Rd. Vail, CO 81657 7. Statements may be mailed or delivered in person to the Town offices. 8. Statements received after the due date and time will not be considered. 9. Respondents are advised that the Town of Vail shall not be liable at any time for any costs associated with or related to the Project incurred by any submitter during any phase of this RFQ /P or subsequent amendment or cancellation. C. Shortlist Consideration 1. The Town reserves the right to accept, to reject, or to interview any or all qualified respondents, and ignore any irregularities at its sole discretion. 2. The Town intends to select a limited number of respondents for interviews. 3. Short - listed respondents selected for interview shall be notified of the time, date, and location for oral presentations. 4. Upon completion of the interview process, Town reserves the right to immediately enter into negotiations with a selected respondent. D. Partnership Agreement and Schedule 1. Respondent(s) recommended for award as a result of this solicitation will enter into a written agreement with the Town. 2. Any formal contract becomes final only upon approval by the Town, and where applicable, the State of Colorado and the US Department of Labor. \n Page 8 of 9 10/27/2009\ © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -8 \n Timber Ridge Redevelopment Request for Qualifications and Proposal E. Disclosure and Use of Data 1. Issuance of this RFQ /P places no obligation on the Town to proceed. 2. Response to the RFQ /P does not entitle a respondent to any right with respect to the Town's property. 3. Respondents under this RFQ /P should clearly identify any proprietary or confidential commercial data that they do not want disclosed, duplicated or used outside of the Town for any purpose other than to evaluate the Statement. 4. If a contract is awarded on the basis of the Statement, the Town shall have the right to duplicate, disclose and use Statement information. F. Order of Preference 1. Any changes to this RFQ /P will be made by addenda issued by the Town. 2. The addenda will be considered part of the RFQ /P document and will prevail over inconsistent or conflicting provisions contained in the original RFQ /P document. G. Books and Records 1. The selected Developer shall be required to permit access at reasonable times and places by the Town staff, or any duly authorized representative, to any books, documents, papers and records including certified financial statements of the Developer which are directly pertinent to an awarded contract. 2. The purpose of this access is to audit, inspect, examine, excerpt, copy and transcribe documents. The selected Developer shall retain all records for three (3) years after submission of any statement required for determining the Developer's obligations under an agreement. \n Page 9 of 9 10/27/2009\n © 2008 All rights reserved by ARCIPM, Inc. 1 -2 -9 \n Special Joint Meeting of the Vail Town Council, Planning and Environmental Commission, Design Review Board, Vail Local Housing Authority and the Timber Ridge Affordable Housing Corporation Redevelopment of Timber Ridge Tuesday, October 27 at 2:00 PM Town Council Chambers 75 South Frontage Road W Vail, Colorado 81657 Purpose: To create the framework and path to successful redevelopment at Timber Ridge Desired Outcomes: 1. Develop a list of preliminary comments and questions from the reviewing Boards 2. Establish a clear understanding of roles and responsibilities 3. Identify the pre - development review process 4. Ensure input is given early and often to ensure a successful outcome I. Introductions 15 Minutes II. Established Givens 15 Minutes III. Roles, Responsibilities & the Development Review Process 30 Minutes IV. Overview of Project 30 Minutes V. Questions and comments from the Boards 60 Minutes VI. Summarize the Comments and Themes 30 Minutes VII. Next Steps 5 Minutes \n 10/27/2009 \n PRE- DEVELOPMENT AGREEMENT THIS PRE - DEVELOPMENT AGREEMENT ( "Agreement ") is made this day of , 2009 (the "Effective Date "), by and between the Town of Vail, Colorado, a Colorado home rule municipality, (the "Town "), Timber Ridge Affordable Housing Corporation, a Colorado non - profit corporation (the "Corporation ") and Vail Timber Ridge LLC, a Nevada limited liability corporation ( "Developer "), (individually a "Party" and collectively the "Parties "). WHEREAS, the Corporation is the owner of certain real property, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "); WHEREAS, on December 18, 2008, the Town issued a request for proposals ( "RFP ") seeking qualified individuals or organizations to develop the Property for employee housing; WHEREAS, Developer submitted a response to the RFP, and the Town selected Developer's response to the RFP as the best option for development of the Property for employee housing; WHEREAS, to accomplish the development of the Property for employee housing, the Corporation would retain fee ownership of the Property, but would provide Developer with a long- term ground lease of the Property; and WHEREAS, the Parties wish to establish terms of the pre- development process and parameters of the eventual development of the Property for employee housing. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the parties hereto agree as follows: 1. Exclusive Option to Develop During the term of this Agreement and subject to all of its terms, Developer shall have the exclusive option to develop the Property for employee housing. 2. Parameters of Development The eventual development of the Property for employee housing ( "Development ") shall be subject to the execution of a mutually acceptable development improvement agreement ( "DIA "). The Development shall meet the following parameters, which may be further detailed in the DIA: a. Except as otherwise expressly provided in this Agreement and the DIA, the Development shall at all times be subject to the Vail Town Code. b. The Town shall provide the Developer with a long -term ground lease of the Property, with an initial term of sixty (60) years, plus three (3) options to renew for a period of ten (10) years each, for no additional compensation, with each renewal option contingent upon the condition that all improvements on the Site are in good condition and the buildings on the Site are habitable ( "Ground Lease "). All rentals due under the Ground Lease will be reflected by a one -time up -front payment of eleven million dollars ($11,000,000) due at the Ground Lease Closing. All improvements constructed on the Property shall be owned by Developer; provided that, to the extent necessary for tax purposes and mutually agreed by the 10122/2009 �n DOCUME-1IADMINI I10CALS I ITEMPLURP449-4 ER RIDGE PRE -DLA 6DOC 1 -4 -1 \n Parties, Developer may grant to the Town or its housing authority a one - percent (1%) interest in such improvements. C. Developer shall conduct at least one pre - application conference with the Town Council, the Development Review Board ( "DRB ") and the Planning and Environmental Commission ( "PEC ") prior to submitting its initial application for the Development. Such pre- application conference is an opportunity for Developer to hear comments from the Town Council, the DRB and the PEC concerning the Development, but the Town shall not be bound by any such comments, and any reliance on such comments shall be at Developer's own risk. d. Developer shall submit to the Town the initial application for the Development on or before April 1, 2010. The application must be signed by the Town and the Corporation, because the Corporation will remain the fee owner of the Property and the Town and the Corporation must consent to the Development application. All applications for the Property shall be processed in accordance with the Vail Town Code. e. The Development shall include three hundred fifty -nine (359) Employee Housing Units capable of housing five hundred seventy (570) beds for employees, as the term "employee" is defined in Section 12 -2 -2 of the Vail Town Code. It is acknowledged by the Parties that Developer has relied on this number of Employee Housing Units and beds in calculating its financing for the Development, and therefore, the number of Employee Housing Units and beds shall not be increased or reduced by Developer or the Town Council at any time, except by mutual written agreement of Developer and the Town. f. Parking for the Development shall be determined pursuant to the Vail Town Code. g. At no time shall the Development eliminate access to or the ability to safely occupy or operate the Timber Ridge housing units currently existing on the real property adjacent to the Property, as more particularly described on Exhibit B, attached hereto and incorporated herein by this reference (the "Adjacent Property "). h. The Town shall refund all amounts paid by Developer for the Town's construction and building materials use tax applicable to the Property within ten (10) days of the Town's receipt thereof. i. The Town agrees to waive all demolition and building permit fees for permits issued by the Town in connection with the Development. j. The Town shall impose typical and customary plan review fees for review of all plans for the Property, and Developer shall be responsible for payment of such fees as required by Town regulations. k. The Town shall use its best efforts to help Developer obtain an exemption from property taxes for the Development from all taxing authorities. To the extent the 10/22/2009 �n DOCUME-1IAD NI I WCALS I ITEMPLUVOW W ER RIDGE PRE -DLA 6DOC 1 -4 -2 \n Property is not tax- exempt, the Town shall refund any property taxes, net of the Eagle County Treasurer's fee, collected by the Town on the Property or improvements thereon. 1. If Developer wishes to use federal funds for the Development, it shall be Developer's sole responsibility to procure such funds. M. Developer shall be responsible for construction of any public improvements necessary for the Development, including streets, sidewalks and utilities (including relocating the gas line currently located in the Frontage Road); provided, however, the Town shall reimburse Developer for the costs of the improvements to the Frontage Road required for the Development, including a deceleration lane. The timing of such reimbursement shall be addressed in the DIA. 3. Ground Lease Closing The Ground Lease Closing shall occur within thirty (30) days of final approval of all of Developer's applications for the Development and satisfaction of all conditions for Development financing. If the Town or the Corporation fails to execute the Ground Lease at the Ground Lease Closing, the Developer shall be entitled to the remedies specified in Section 6 hereof. At the Ground Lease Closing, the Town, the Corporation and the Developer shall execute a deed restriction stating that (i) the Property shall include three hundred fifty -nine (359) Employee Housing Units capable of housing five hundred seventy (570) employee beds in perpetuity, unless the number of beds or Employee Housing Units is modified by mutual agreement of the parties pursuant to Section 2.e. hereof, and (ii) such beds may be leased to non - employees in the event not leased by employees, pursuant to the terms of the Ground Lease. 4. Town and Corporation Obligations a. During the term of this Agreement, the Town and the Corporation shall work with Developer and the Colorado Department of Transportation ( "CDOT ") to resolve roadway issues related to the Development. b. The Town and the Corporation will cause an updated title commitment for the Property and the Adjacent Property to be delivered to Developer within thirty (30) days of the date of this Agreement. The Town and the Corporation shall amend the deed restriction currently existing on the Property to allow for the Development, and the Town shall issue a corrective deed to the Corporation removing the restrictive covenants existing on the Property. C. The Town and the Corporation shall grant to Developer, for the benefit of the Property, easements across the Adjacent Property that are mutually determined to be necessary for the Development; including without limitation, utility, drainage, and access easements; provided, however, no such easements will have a material adverse effect on the operation of the Adjacent Property. d. Except as otherwise provided in this Agreement, the Town and the Corporation shall cause any existing liens and encumbrances on the Property to be released in order to facilitate Developer's financing. 33 1012212009 �n DOCUME-1IADAAI I10CALS 11TEMPIXPVVfff ?A ER RIDGE PRE -DLA 6DOC 1 -4 -3 \n e . The Town and the Corporation shall obtain the release of any master lease on the Property and deliver the Property free of any leases or parties in possession on the date of the Ground Lease Closing. f. The Town, Corporation and Developer will negotiate and execute a commercially reasonable form of Ground Lease which will reflect necessary provisions for Developer's financing. g. The Town and the Corporation shall contribute to Developer for purposes of the Development any tap fee credits attributed to the Property as of the Effective Date of this Agreement. h. Within thirty (30) days of the Effective Date, the Town shall commission a study to determine the total cost of the rock fall mitigation necessary for the Development, and Developer shall reimburse the Town for fifty percent (50 %) of the cost of such study within ten (10) days of receipt of an invoice from the Town. The details regarding payment for rock fall mitigation costs shall be set forth in the DIA. i. The Town shall waive traffic impact fees associated with the Development. j. If necessary, the Town shall subordinate its existing indebtedness on the Property to the Ground Lease and construction financing for the Development. k. The Town and the Corporation shall negotiate in good faith with Developer for an exclusive option to develop the Adjacent Property on terms similar to the final structure of this Development, to be more particularly set forth in a commercially reasonable form of option agreement. The term of such option shall be five (5) years from the issuance of the first certificate of occupancy for the Development. 1. The Town shall not amend applicable development standards, subdivision regulations or zoning regulations in any manner that has a material adverse effect on the scope or parameters of the Development. 5. Due Diligence During the term of this Agreement, Developer shall conduct all due diligence necessary to determine whether the Property is suitable for the Development, at Developer's sole cost. 6. Term, Termination and Breach a. This Agreement shall commence upon the Effective Date and terminate two (2) years thereafter, provided that either Party may terminate this Agreement earlier than such date upon thirty (30) days written notice to the other Parties. b. In the event of a breach by a Party to this Agreement, the non - breaching Party will provide written notice of each breach to the breaching Party, and the breaching Party will have a period of thirty (30) days from receipt of such notice in which to cure such breach, provided that if such breach would reasonably be expected to take longer than thirty (30) 10122/2009 �n DOCUME—IIADMI I IILOCALS IITEMPIXPV*??ff4 ?A [ ER RIDGE PRE -DLA 6DOC 1 -4 -4 \n days to cure, the breaching party may have an additional period to cure as may be reasonably necessary, provided such cure is promptly commenced and diligently prosecuted to completion. C. In the event of an uncured breach by Developer and a termination of this Agreement by the Town or the Corporation as a result of such breach, Developer shall lose the option set forth in Section 1 hereof, and the Town and the Corporation shall have no further obligation to Developer. d. In the event of a termination of this Agreement due to any of the following four events: (i) an uncured breach by the Town or the Corporation; (ii) a termination by the Town or the Corporation without cause; (iii) the inability of the Town to close on the Ground Lease; or (iv) a unilateral change by the Town in the number of Employee Housing Units or beds that is not agreed to by Developer; the Town shall reimburse Developer for its actual out -of- pocket expenses incurred for third -party consultants for architectural and engineering services in connection with the Development, incurred from the Effective Date through the date of termination, uncured breach or the Ground Lease Closing, whichever occurs first, up to a maximum amount of one million dollars ($1,000,000), subject to the submission to the Town of actual invoices proving such costs. Such out -of- pocket costs shall not include any fees for legal services or salaries for any employees of Developer. 7. Costs Except as otherwise set forth herein, each Party shall be responsible for its own costs under this Agreement. 8. Modification This Agreement may only be modified by subsequent written agreement of the Parties. 9. Integration This Agreement and any attached exhibits constitute the entire Agreement between Developer and the Town, superseding all prior oral or written communications. 10. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 11. Severability If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. If any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 12. Governing Law and Venue This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 13. Assignment There shall be no transfer or assignment of any of the rights or obligations of Developer under this Agreement without the prior written approval of the Town. 10122/2009 �n DOCUME-11ADM�l I ILOCALS 11TEMPLYPR449-4 ER RIDGE PRE -DLA 6DOC 1 -4 -5 \n 14. Recordation This Agreement shall be recorded in the real estate records of Eagle County and shall be a covenant running with the Property. 15. Title and Authority Developer expressly warrants and represents to the Town that the undersigned individuals have full power and authority to enter into this Agreement. Developer and the undersigned individuals understand that the Town is relying on such representation and warranty in entering into this Agreement. 16. Third Parties There are no intended third -party beneficiaries to this Agreement. 17. Contingency; No Debt Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. 18. No Joint Venture Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF VAIL, COLORADO Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: Matt Mire, Town Attorney ( 1012212009 �n DOCUME-1IADAA I10CALS I TEMP"RANPqftER RIDGE PRE -DLA 6DOC 1 -4 -6 \n TIMBER RIDGE AFFORDABLE HOUSING CORPORATION By: Name: Its: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of , 2009 by as the of Timber Ridge Affordable Housing Corporation. My commission expires: (SEAL) Notary Public VAIL TIMBER RIDGE LLC By: Name: Its: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of , 2009 by as the of Vail Timber Ridge LLC. My commission expires: (SEAL) Notary Public 10122/2009 �n DOCUME-1IADAJI I10CALS I ITEMPIXP9 W' ?,A ER RIDGE PRE -DLA 6DOC 1 -4 -7 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 27, 2009 ITEM /TOPIC: Citizen Participation. \n 10/27/2009 \n