HomeMy WebLinkAbout2011-02-01 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA "fi TOW
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., FEBRUARY 1, 2011
NOTE: Times of items are approximate, subject to change, and cannot
be relied upon to determine at what time Council will consider
an item.
1. ITEM /TOPIC: Citizen Participation (15 min.)
PRESENTER(S): Public
2. ITEM /TOPIC: Consent Agenda: (15 min.)
1) Resolution No. 2, Series of 2011, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and the State Board
of the Great Outdoors Colorado Trust Fund for the Red Sandstone
Elementary School Playground Improvements Grant; and Setting Forth
Details in Regard Thereto.; and
2) Resolution No. 3, Sereis of 2011, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and Eagle County
School District REJ50 for the Red Sandstone Elementary School Playground
Improvements; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Gregg Barrie
ACTION REQUESTED OF COUNCIL: 1) Approve Resolution No. 2,
2011; and
2) Approve Resolution No. 3, 2011; and
Authorize the Town Manager to sign and enter into the IGA's with GOCO and
Eagle County School District in a form approved by the Town Attorney.
3. ITEM /TOPIC: Town Manager's Report: (15 min.)
Revenue Update - Kathleen Halloran
PRESENTER(S): Various
4. ITEM /TOPIC: Approval of Legal Service Agreement (5 min. )
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Motion to approve the Legal Services
Agreement
BACKGROUND: The Town Attorney, Matt Mire, is duly appointed by the
Town Council (the "Council ") as the Town Attorney as set forth in Section 7.1
of the Town of Vail Charter and has served as the Town Attorney since
November 1, 2001. The Town Attorney and the Town are parties to a certain
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employment contract, dated October 31, 2001 (the "Contract ") which creates
terms and conditions of the Town Attorney's employment and establishes the
Town Attorney as a full time Town of Vail Employee. The Council and the
Town Attorney wish to terminate the Contract, and the Council wishes to
retain as the Town Attorney on an hourly basis and pursuant to the terms set
forth in the attached Legal Services Agreement (the "Agreement ").
5. ITEM /TOPIC: A final presentation on the findings of the "Ever Vail Fiscal
and Economic Impact Analysis" report, dated January 13, 2011. (30 min.)
PRESENTER(S): Andy Knudtsen, Economic and Planning Systems
ACTION REQUESTED OF COUNCIL: No action is requested at this time.
BACKGROUND: On December 7, 2010 the Vail Town Council heard a
presentation by EPS on the findings contained in the "Ever Vail Fiscal and
Economic ImpactAnalysis" report, dated November 11, 2010. The final
report is in response to the questions raised by the Vail Town Council on the
7th.
6. ITEM /TOPIC: Resolution No. 5, Series of 2011, a Resolution authorizing the
Town Manager to enter into an agreement with the Vail Village Inn
Homeowners Association to fund up to $25,000 of the cost to complete
below -grade tunnel improvements necessary to fully implement a dispersed
loading and delivery system in the East Meadow Drive neighborhood of Vail
Village; and setting forth details in regard thereto (30 min)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications
or deny Resolution No. 5, Series of 2011.
BACKGROUND: On January 18, 2011, the Vail Town Council instructed
staff (6 -1 Clevelend opposed) to prepare a resolution authorizing the Town
manager to enter into an agreement with the Vail Vlllage Inn Homeowners
Association to fund up to $25,000 of the cost to complete below -grade tunnel
improvements necessary to fully implement a dispersed loading and delivery
system in the East Meadow Drive neighborhood of Vail Village. Funding of
these improvements closes the gap in the financial needs of the project and
furthers the Town's goals of creating a pedestrianized mall in Vail Vlllage.
STAFF RECOMMENDATION: The completion of the loading and delivery
system addresses a number of Town goals and objectives. For instance, a
long term solution to an ongoing need for loading and delivery in the East
Meadow Drive neighborhood is addressed; the business, resident and guest
experience in Vail Village is enhanced; vehicle noise and congestion along
East Meadow Drive is reduced and public safety is improved; and the
community benefits from the completion of the improvements. For these
reasons, staff recommends the Vail Town Council adopts Resolution No.5,
Series of 2011, as read.
7.
ITEM /TOPIC: First reading of Ordinance No. 3, Series of 2011, an
ordinance repealing and reenacting Chapter 7, Contractor, Registration, Title
4, Business License and Registration, Vail Town Code, and setting forth
details in regard thereto. (30 min)
2/1/2011
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Review Ordinance No. 3, Series of
2011, on first reading and approve, approve with modifications, or deny the
ordinance.
BACKGROUND: The current process for contractor registration is
subjective, outdated, time consuming and costly to administer. The process
has remained unchanged for more than 33 years. The process needs to be
amended. Ordinance No. 3, Series of 2011, aims to solve the problems
associated with the current contractor registration process.
STAFF RECOMMENDATION: The proposed amendments create a
contractor registration process which is objective, eliminates waste, cost
effective and relies upon current technology to improve productivity and
customer service. Town staff recommends the Town Council approves
Ordinance No. 3, Series of 2011, on first reading.
8.
ITEM /TOPIC: Lionshead Transit Welcome Center - Packages A (Pre -Cast
Concrete), B (Elevators), C (Mechanical Equipment) Contracts Award (15
min.)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Award separate Contracts to
the recommended contractors for the Lionshead Transit Welcome Center
Packages A, B, C.
BACKGROUND: The Town of Vail is in the process of completing
Construction Documents (CD's) for the Lionshead Transit Welcome Center
( LHTWC) Project that will replace the existing Lionshead Auxiliary Building.
The CD's, also known as the Lionhead Transit Welcome Center Package D,
will be complete and publically bid in February, with General Contractor (GC)
contract award on March 15th. In order to save 6 weeks in the 2011
construction schedule, proposals for the LHTWC Packages A, B, C were
publically solicited. The LHTWC Packages A, B, C, were solicited for Pre -
Cast Concrete (A), Elevators (B), and Mechanical Equipment (C). These
three packages are for long lead items that will significantly impact the
construction schedule if they were to be awarded in mid -March to a General
Contractor, with the LHTWC Package D construction documents. The
purpose of this Council session is to award three separate contracts for the
LHTWC Packages A,B,C to the recommended proposers. The contracts will
be awarded to the recommended proposers with a Notice to Proceed on the
shop drawings portion of the contract only. By the time the shop drawings are
complete and approved in mid - March, Package D, the complete CD
package, will have been publically bid and awarded to the recommended
General Contractor. At that time the remaining fabrication and construction
portion of the Package A, B, C contract will be assigned to the General
Contractor for coordination and assimilation into their construction
schedule.By awarding these three contracts the LHTWC project construction
schedule can be shortened by 6 weeks allowing for an anticipated substantial
completion in December of 2011.
STAFF RECOMMENDATION: Town Staff recommends directing the Town
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Manager to enter into contracts and award for;
- Proposal Package A (Precast) to Stresscon for $710,610.00, with an initial
Notice to Proceed in the amount of $45,064.11;
- Proposal Package B (Elevators) to Otis for $116,300.00, with an initial
Notice to Proceed in the amount of $8,720.00;
and not awarding Proposal Package C (Mechanical Equipment) at this time.
9. ITEM /TOPIC: Adjournment (8:35 p.m.)
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ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 1, 2011
ITEM /TOPIC: Consent Agenda: (15 min.)
1) Resolution No. 2, Series of 2011, A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and the State Board of the Great Outdoors Colorado Trust Fund for
the Red Sandstone Elementary School Playground Improvements Grant; and Setting Forth
Details in Regard Thereto.; and
2) Resolution No. 3, Sereis of 2011, A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and Eagle County School District REJ50 for the Red Sandstone
Elementary School Playground Improvements; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Gregg Barrie
ACTION REQUESTED OF COUNCIL: 1) Approve Resolution No. 2, 2011; and
2) Approve Resolution No. 3, 2011; and
Authorize the Town Manager to sign and enter into the IGA's with GOCO and Eagle County
School District in a form approved by the Town Attorney.
ATTACHMENTS:
Resolution No. 2, Series of 2011
Resolution No. 3, Series of 2011
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RESOLUTION NO. 2
Series of 2011
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND FOR THE RED SANDSTONE ELEMENTARY SCHOOL PLAYGROUND
IMPROVEMENTS GRANT; AND SETTING 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");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified;
WHEREAS, the Town owns the property referred to as the Red Sandstone Elementary School
playground, (the "Playground ");
WHEREAS, the Town has received a grant from the Great Outdoors Colorado Trust Fund
( "GOCO ") for the renovation of the Playground;
WHEREAS, the Town and GOCO wish to enter into an Intergovernmental Agreement (the
"IGA') outlining the terms and conditions which the Town will fulfill to obtain the grant;
WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter
into this IGA; and
WHEREAS, the Council's approval of Resolution No. 2, Series 2011, is required to enter into an
IGA.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section L The Council hereby approves and authorizes the Town Manager to enter into the
IGA with GOCO for the Red Sandstone School playground renovation, in substantially the same form as
attached hereto as Exhibit A and in a form approved by the Town Attorney.
Section 2. The Council authorizes the expenditure of funds as necessary
to meet the terms and obligations of the IGA.
Section 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 I' day of February, 2011.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 2, Series 2011
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GRANT AGREEMENT DATE: 1 -7 -2011
PROJECT:
Project Title: Red Sandstone School/Neighborhood Playground Renovation
a. Contract Number: 11069
b. Project Location:
Completion Date: December 8, 2012
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
Address: 1600 Broadway, Suite 1650
Denver, CO 80202
Telephone: (303) 226 -4500
Facsimile: (303) 863 -7517
Grantee: Town of Vail
Address: 75 South Frontage Road
Vail, CO 81657
Contact Name: Holly Woods
Contact Title:
Telephone: 970 - 328 -2755
Facsimile: 970 - 328 -1024
E -mail : holly.woods@eagleschools.net
RECITALS
A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as
"GOCO" or the "Board ") is a political subdivision of the State of Colorado, created by Article
XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which
article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs
the Board to invest those proceeds in the State's parks, wildlife, open space and recreational
resources.
B. In 1994, the Board created a statewide grant program, pursuant to which eligible
entities could apply for grants for local government parks and outdoor recreation projects to
which Grantee responded with a detailed application (the "Project Application ").
C. Grantee submitted a Project Application to the Board which contemplates the
execution of the project entitled and described above (the "Project "). The parties acknowledge
that they have on file a complete copy of the Project Application.
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D. The Board approved Grantee's Project Application on December 8, 2010, subject
to the execution of a detailed grant agreement, and subject to the terms and conditions set forth
herein. The parties intend this agreement to be the detailed final grant agreement required by the
Board (the "Agreement").
AGREEMENT
NOW, THEREFORE, in consideration of the parties' mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals The Recitals set forth above are hereby incorporated into the
terms of this Agreement.
2. Representations and Warranties of Grantee
a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and
has full and lawful authority to enter into, and comply with the terms of, this Agreement.
b. Grantee's governing body has authorized entering into this Agreement as evidenced by
the resolution attached hereto as Appendix A.
C. Grantee does not own the property or properties on which the Project is to be located (the
"Property "). Therefore, the agreement attached hereto as Appendix D between Grantee and the
Property's owner continues in effect and unmodified throughout the term of this Agreement.
3. Grant and Project Subject to the terms and conditions set forth in this Agreement, the
Board hereby awards to Grantee a sum not to exceed $161,203.00 (the "Grant "). The Grant shall
be used by Grantee solely to complete the Project, in substantial conformity with the final plans,
specifications, designs and uses approved by the Board.
4. PrOiect Scope Grantee shall not materially modify the Project or the Project budget
(attached hereto as Appendix B, the "Budget ") without the prior written approval of the
Executive Director of GOCO ( "Executive Director") or the Executive Director's designee, such
approval to be in GOCO's sole discretion. Any material modification to the Project undertaken
without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO,
entitling GOCO to all remedies available under this Agreement. If Grantee determines with
reasonable probability that the Project will not or cannot be completed as reflected in the Project
Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a
resolution before any further funds are advanced.
5. Grantee Efforts Grantee shall complete the Project in a timely fashion, in a good and
workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the
Project.
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6. Completion Date Grantee shall complete the Project and submit its Final Report no
later than December 8, 2012 (the "Completion Date ") which is two calendar years after the
Board's approval of the Project. Grantee may request an extension of the Completion Date in
compliance with GOCO's Overdue Grants Policy, a summary of which is attached as Appendix
C ( "Overdue Grants Policy "). If Grantee determines with reasonable probability that the Project
will not or cannot be completed by the Completion Date or any extended completion date,
Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution
before any further funds are advanced.
7. Matching Funds Grantee shall obtain the matching cash and in -kind contributions for
the Project as reflected in the Budget and as required by GOCO policy, and shall provide such
evidence of the same as GOCO may require in its discretion from time -to -time.
8. Disbursement of Funds.
a. Advance Payment: If Grantee opts to receive a portion of the Grant funds prior to
beginning work on the Project (an "Advance Payment ''), Grantee shall provide GOCO with a
copy of the fully- executed contract or contracts under which a substantial portion of the Project
will be completed. Such contract or contracts shall show the work and the cost of the work to be
completed. GOCO may, in its discretion, request additional documentation to support making an
Advance Payment. An Advance Payment for Local Park and Outdoor Recreation Grants shall
not exceed 70% of the funds contracted for the Project or 50% of the Grant, whichever is less.
An Advance Payment for Mini Grants shall not exceed 75% of the funds contracted for the
Project or 50% of the Grant, whichever is less. An Advance Payment shall be considered a loan
until the Project is complete and Final Payment (as defined below) has been made. If Grantee
opts to receive an Advance Payment, it may not receive a Progress Payment (as defined below).
b. Progress Payment: If Grantee has opted to forego an Advance Payment and has opted to
receive a portion of the Grant funds after starting but prior to completing work on the Project (a
"Progress Payment "), Grantee shall provide GOCO with a progress report detailing expenditures
and progress made to date ( "Progress Report"). The Progress Report must be submitted using
GOCO's Progress Report form (available at www.goco.org or by contacting GOCO). GOCO
may, in its discretion, request additional documentation to support making a Progress Payment.
A Progress Payment for Local Park and Outdoor Recreation Grants shall not exceed 70% of the
funds expended to date for the Project or 50% of the Grant, whichever is less. A Progress
Payment for Mini Grants shall not exceed 75% of the funds expended to date for the Project or
50% of the Grant, whichever is less. A Progress Payment shall be considered a loan until the
Project is complete and Final Payment (as defined below) has been made. If Grantee received an
Advance Payment, it may not receive a Progress Payment.
C. Final Payment: Once the Project is complete, Grantee shall submit a final report to
GOCO detailing the accomplishments of and expenditures related to the Project (the "Final
Report"). The Project is "complete" when all facilities, trails or other improvements included in
the Project have been built and are ready for their intended use. The Final Report must be
submitted using GOCO's Final Report form (available at www.goco.org or by contacting
GOCO). GOCO may, in its discretion, request additional documentation before its approval of
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the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO
shall pay the outstanding balance on the Grant (the "Final Payment "), subject to any reductions
contemplated by any provision of this Agreement.
9. Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below, the
Grant is subject to the following requirements and conditions.
a. The Grant and all matching funds shall be used only for the cost of fixed assets, including
construction of new facilities, and enlargement or renovation of existing facilities. The Grant
and all matching funds may not be used to pay for maintenance costs, administrative costs (such
as salaries associated with administering the Grant, office supplies, telephone, or travel
expenses), non -fixed assets (such as athletic or maintenance equipment), or any other costs
deemed to be ineligible by the Board, at the Board's sole discretion. Notwithstanding the
foregoing, matching funds may include up to 50% of the total design, engineering and /or
architectural costs.
b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by
Grantee and supported by written documentation (receipts, bills, etc.). GOCO may, in its
discretion, depending on the nature of the Project, require documentation of mechanics lien
waivers or waivers of claims to public project performance bonds as a precondition to any
disbursement under this Agreement.
C. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this
Agreement, no material modifications may be made to the Project. Material modifications to the
Project to which GOCO has not agreed may result in a reduction in the Grant. "Material
modifications" may include, but are not necessarily limited to, a reduction in the total cost of the
Project, a reduction in the size or number of recreational development components to be
constructed, changes to the nature of the recreational development components to be constructed,
or any other variance from the Project as presented in the Project Application. It is the sole
responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO
strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to
make any such modifications, however seemingly minor, to the Project.
10. Waiver The Executive Director or the Executive Director's designee may in such
person's discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and
16 of the Agreement, or may permit performance of one or more of such obligations subsequent
to disbursement.
11. Payment of Grant Subject to Sufficient Net Lottery Proceeds Payment of the Grant
is subject to GOCO's determination in its sole discretion that it has received and has available
sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery
proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in
its discretion, including, but not limited to, adequate reserves, funding requirements and/or
commitments for other past, current and future grants, and past, current and future GOCO
operating expenses and budgetary needs.
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12. Project Operation and Maintenance
a. Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for
the purposes specified in the Project Application for a period of 25 years from the date of
completion of the Project or the useful life of the Project, in accordance with product warranties
and /or the generally accepted standards in the parks /recreation community, and provide and
maintain access to the Project and to the Property, regardless of the Property's ownership.
b. Failure to comply with the provisions of Paragraph 12.a. may be deemed a breach by
Grantee under Paragraph 21, below.
C. GOCO shall not be liable for any cost of maintenance, management or operation of the
Project.
d. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with
adequate records reflecting the operating and maintenance costs of the Project and provide the
Board with such other information concerning the use of the Project by the public and the impact
of the Project.
13. Public Access Grantee agrees, for itself and its successors in interest, to allow
reasonable public access to the Project for the term specified in Section 12. Grantee may
temporarily close such public access for construction, maintenance, emergency situations, or
other reasonable purposes.
14. Compliance with Regulatory Requirements and Federal and State Mandates
Grantee hereby assumes responsibility for compliance with all regulatory requirements in all
applicable areas, including but not limited to nondiscrimination, worker safety, local labor
preferences, preferred vendor programs, equal employment opportunity, use of competitive
bidding, permits, approvals, and other similar requirements. To the extent permitted by law,
Grantee will indemnify and hold the Board harmless from any liability for any failure to comply
with any such applicable requirements.
15. Nondiscrimination During the performance of this Agreement, Grantee and its
contractors, subcontractors and agents shall not unlawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age or sex, or any other basis prohibited by local,
state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination. Further, during
the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not
engage in any unlawful discrimination in permitting access and use of the Project.
16. Publicity and Project Information.
a. Grantee shall erect and maintain a sign at a prominent location on the Project site
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO
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will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible
samples of its logo to Grantee for custom signs.
i. GOCO shall approve in advance the design of any permanent sign materially
varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to
GOCO plans describing the number, design, placement, and wording of signs and placards shall
be submitted to the Board for review and approval prior to completion of the Project.
ii. The Board may withhold Final Payment pending evidence of placement of
permanent signage.
b. Grantee shall acknowledge Board funding in all publicity issued by it concerning the
Project.
C. Grantee shall cooperate with the Board or the Board's designee in advance in preparing
public information pieces related to the Project.
d. Grantee shall give the Board the right and opportunity to use information gained from the
Project.
e. Grantee shall give the Board a minimum 30 days' notice of Project grand openings,
dedications, or other events.
f. Grantee shall give timely notice of the Project, its inauguration, significance, and
completion to the local members of the Colorado General Assembly, members of the board of
county commissioners of the county or counties in which the Project is located, as well as to
other appropriate public officials.
g. Grantee shall provide quality digital photographs (or printed photographs, if unable to
provide digital photographs) of the completed Project with the Final Report.
h. At no time shall Grantee represent in any manner to the public or to any party that it is
affiliated with GOCO or acting on behalf of GOCO.
17. Liability
a. Grantee shall be responsible for, and to the extent permitted by law (including any
constitutional or statutory limitations on the ability of a governmental entity to provide
indemnification), indemnify, defend and hold harmless the Board, its officers, agents and
employees from any and all liabilities, claims, demands, damages or costs (including reasonable
legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's
performance of this Agreement. Grantee hereby waives any and all rights to any type of express
or implied indemnity or right of contribution from the State of Colorado, the Board, its members,
officers, agents or employees, for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner
of the Project and the Property upon which it is located, or has control of the Project and the
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Property, and that GOCO neither possesses nor controls the Project, the Property, nor the
operations of the Project.
b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of
the immunities, rights, benefits or protection provided to the Board under the Colorado
Governmental Immunity Act ( "CGIA ") as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute
which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for
protection under the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101 et seq. The
Board and Grantee understand and agree that liability for claims for injuries to persons or
property arising out of the negligence of the Board, its members, officials, agents and employees
may be controlled and/or limited by the provisions of the CGIA. The parties agree that no
provision of this Agreement shall be construed in such a manner as to reduce the extent to which
the CGIA limits the liability of the Board, its members, officers, agents and employees.
18. Audits and Accounting Grantee shall maintain standard financial accounts, documents,
and records relating to the use, management, and operation of the Project. The accounts,
documents, and records related to the Project shall be retained by Grantee for not less than five
(5) years following the date of disbursement of funds under this Agreement. The Board, or its
designated agent, shall have the right, upon reasonable notice to Grantee, to audit the books and
records of Grantee which pertain to the Project and to the use and disposition of the Grant.
While Grantee is not required to use GAAP (Generally Accepted Accounting Principles),
Grantee shall use reasonable and appropriate accounting systems in maintaining the required
records hereunder.
19. Inspection Throughout the term of this Agreement, GOCO shall have the right to
inspect the Project to ascertain compliance with this Agreement.
20. Withdrawal of Board Funding; Termination of Agreement Anything else in this
Agreement or otherwise to the contrary notwithstanding, the Board may withdraw, in whole or in
part, the Grant and/or terminate this Agreement, and/or seek a refund of payments already made
if the Board determines in its discretion that:
a. facts have arisen or situations have occurred that fundamentally alter the expectations of
the parties or make the purposes for the Grant as contemplated infeasible or impractical;
b. any material modifications in the scope or nature of the Project have occurred from that
which was presented in the Project Application and such material modifications have not
received the prior written approval of GOCO;
C. any statement or representation made by Grantee in the Project Application, this
Agreement, the Advance Payment documentation, the Progress Report, the Final Report, or
otherwise is untrue, inaccurate or incomplete in any material respect;
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d. the results of GOCO's review of the Advance Payment documentation, the Progress
Report, or the Final Report are not acceptable to GOCO;
e. the Project will not or cannot be completed by the Completion Date or any extensions
granted thereto or delays in the implementation of the Project have occurred which, in the
Board's judgment, make the Project impracticable;
f. the Project will not or cannot be completed within the Budget or any approved
modifications, or the total Project cost and /or Grantee's matching funding are reduced;
g. title to or encumbrances against the Property are or become such that Grantee is unable to
complete the Project, or the Project and/or the Property are or become unavailable for public use;
h. sufficient net lottery proceeds are not available to fund the Grant.
21. Breach
a. In the event that Grantee breaches any of the terms, covenants, representations, or
conditions of this Agreement, the Board may elect to enforce any and all remedies available at
law or in equity, including without limitation, any of the following:
i. Prior to payment of Grant:
A. Withdraw the Grant and terminate this Agreement; and,
B. Deny Grantee eligibility for participation in future Board grants, loans or
projects.
ii. After payment (partial or full) of Grant:
A. Deny Grantee eligibility for participation in future Board grants, loans or
projects;
B. Seek specific performance of Grantee's obligations under this Agreement;
C. Receive reimbursement in full of disbursement made under the Grant.
b. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law or in
equity. In the event GOCO must pursue any remedy hereunder and is the substantially
prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of
collection.
22. Good Faith There is an obligation of good faith on the part of both parties, including
the obligation to make timely communication of information which may reasonably be believed
to be material to the other party.
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23. Assignment Grantee may not assign its rights under this Agreement without the consent
of the Board, which consent shall be in the discretion of the Board. Any assignment shall
require, at a minimum, that the assignee is eligible to receive grants from the Board and assumes
Grantee's ongoing obligations under this Agreement.
24. Applicable Law This Agreement shall be governed by the laws of the State of Colorado
and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and
County of Denver.
25. No Joint Venture Nothing in this Agreement shall be construed to create a joint
venture, partnership, employer /employee or other relationship between the parties hereto other
than independent contracting parties. Except as permitted under the remedies provisions
hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the
name of the other party.
26. Severability If any provision of this Agreement, or the application thereof, is found to
be invalid, the remainder of the provisions of this Agreement, or the application of such
provision, other than those as to which it is found to be invalid, shall remain in full force and
effect.
27. Time is of the Essence. Time is of the essence in this Agreement.
28. Survival. The terms and provisions of this Agreement and the parties' covenants
hereunder shall survive the funding of the Grant and the completion of the Project.
29. Fax and Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, but all of which when taken together shall constitute one
Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted
by telecopy or e -mail as if they were original signatures.
30. Third Party Beneficiary. The Board and Grantee hereby acknowledge and agree that
this Agreement is intended only to cover the relative rights and obligations between the Board
and Grantee, and that no third party beneficiaries are intended.
31. Construction. Each party hereto has reviewed and revised (or requested revisions of)
this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be
resolved against a particular party shall not be applicable in the construction and interpretation of
this Agreement.
32. Waiver The failure of either party to enforce a term hereof shall not be deemed a waiver
of such term or right of enforcement as to that breach or any subsequent breach of the same,
similar or different nature. No waiver shall be enforceable hereunder unless signed by the party
against whom the waiver is sought to be enforced.
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33. Entire Agreement Except as expressly provided herein, this Agreement constitutes the
entire agreement of the parties. No oral understanding or agreement not incorporated in this
Agreement shall be binding upon the parties. No changes to this Agreement shall be valid unless
made as an amendment to this contract, approved by the Board, and signed by the parties.
IN WITNESS WHEREOF, the parties by signature below of their authorized representatives
execute this Agreement effective as of the _ day of 2010.
STATE BOARD OF THE GREAT GRANTEE:
OUTDOORS COLORADO TRUST FUND Town of Vail
By: By:
Lise Aangeenbrug Name:
Executive Director Title:
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APPENDIX A
RESOLUTION
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APPENDIX B
PROJECT BUDGET
(Submit a new budget if the project numbers have changed.)
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APPENDIX C
SUMMARY OF
OVERDUE GRANTS POLICY
(For information only -
GOCO's full Overdue Grants Policy
can be found at www.goco.org)
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GREAT
OUTDOORS
COLORADO
Summary of Great Outdoors Colorado Overdue Grants Policy
See www.aoco.orst or call 303- 226 -4500
for a complete copy of the Overdue Grants Policy
Grant is current and the original due date is applicable.
GOCO Staff ( "Staff') will send a letter to the Grantee within 60 days of the project's
anticipated due date to remind Grantee that the final report will soon be due. This letter
will also remind the Grantee of GOCO's policy for project modifications and project
extensions.
Failure to complete the project by the original due date, or by any extended due dates
authorized by GOCO as discussed below, may result in the de- authorization of the grant by
the GOCO Board (`Board "). Also, failure to complete the project by the applicable due
date may result in the applicant being suspended from applying in pending or future grant
cycles.
Grant is current and the original due date is applicable, but the grantee needs to
request an extension.
If the Grantee needs to extend the original due date of the current project, the Grantee must
notify GOCO immediately by submitting a written request to the Executive Director of
GOCO ( "Executive Director ") that outlines the specific need for the extension, known as a
Request for a Staff Extension. Staff extensions do not exceed 90 days. GOCO Staff have
the discretion to grant one 90 -day extension if the request is deemed reasonable and
warranted. Staff will notify the Grantee in writing of the decision to grant or deny the
request for a staff extension.
Failure to submit the Request for a Staff Extension to the Executive Director 30 days prior
to the original due date may result in the de- authorization of the grant by the Board.
If the Grantee needs an extension of more than 90 days, the Grantee shall forgo the staff
extension and apply for a Board extension as discussed below.
Grant is current and the Grantee has already received a staff extension and desires
further extension by the Board, OR the Grantee elects to forgo the staff extension in
favor of seeking a Board extension.
If the Grantee needs an extension in addition to the staff extension, or has elected to forgo
the staff extension, the Grantee must notify GOCO immediately by submitting a written
request to the Executive Director that outlines the specific need for the extension, known
as a Request for a Board Extension. The Grantee's Request for a Board Extension will be
considered by the Board at its next scheduled meeting. The Board has the sole discretion to
grant or deny the requested extension. The grant will not be considered overdue while the
request for extension is pending.
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Failure to submit the Request for a Board Extension to the Executive Director 30 days
prior to the original due date or staff extended due date may result in the de- authorization
of the grant by the Board.
Grant is overdue; the original due date or extended due date has passed.
If the Grantee has not fulfilled the requirements of the GOCO grant award, and has not
completed the project by the original due date set forth in the Grant Agreement or by any
extended date(s) as approved by GOCO, staff will send a De- authorization Warning letter
to the Grantee no later than 60 days after the applicable due date has passed.
The De- authorization Warning letter will state that the grant shall be presented to the
Board for de- authorization or other appropriate action at the next scheduled Board
meeting. The Grantee must respond to the De- authorization Warning letter at least 14 days
prior to that Board meeting. The Board has the sole discretion to de- authorize the grant,
extend the due date or take any other action it deems appropriate, including but not limited
to modifying the terms and conditions of the grant award. Staff will notify the Grantee in
writing of the Board's decision. If an extension is not granted, a written Notice of Re-
authorization will be sent to the Grantee.
Failure to respond to the De- authorization Warning letter will result in an automatic de-
authorization of the grant and will result in the applicant being suspended from applying in
pending or future grant cycles.
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APPENDIX D
INTERGOVERNMENTAL (or other) AGREEMENT
(If applicable.)
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE
COUNTY SCHOOL DISTRICT RE50J
This Agreement made this day of , 2011, by and between the Town
of Vail, a municipal corporation (the "Town ") a Colorado municipal corporation, 75 South Frontage
Road, Vail, Colorado 81657, ( "the Town ") and Eagle County School District RE50J (the "District ");
Witnesseth:
WHEREAS, the Town has applied for and received a grant from Great Outdoors Colorado,
(GOCO) for the Red Sandstone Elementary School Playground Improvements;
WHEREAS, the District is an ineligible recipient of the grant and the parties intend by this
agreement for the Town to be the conduit through which the District will receive the benefit of the grant;
WHEREAS, the Grant Agreement (the "Grant ") between the Town and GOCO is attached to this
agreement as Exhibit "A " ;
WHEREAS, the District intends to bind itself to the Town for all of the Town's obligations stated
in the Grant; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Sections 29 -1 -201 and
30 -11 -101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado
Constitution.
Now therefore, in consideration of the mutual promises stated below and other valuable
consideration, the parties agree:
Agreement
1. The Town shall use its best efforts to fulfill all the conditions precedent to obtain the grant stated
in the Grant. The District will cooperate with the Town and provide all documents necessary for the
Town to fulfill the conditions precedent. The District further assumes all other Town liabilities, and binds
itself to the Town for all the Town's obligations to GOCO, contained in the Grant. Town warrants and
represents that it has complied with all requirements stated in the Grant documents and has obtained all
necessary consents for the delegation of responsibilities and limited assignment of rights arising under the
Grant to enter into this Agreement.
2. The Town does not assume any obligation to the District to construct, operate, or maintain the
improvements contemplated by the grant.
3. Unless a claim by GOCO arises out of the negligence or other wrongful act of the Town, the
District shall be responsible to the Town for any claim under the Grant, in the same manner and extent as
the Town may be responsible to GOCO.
4. The District shall operate and maintain the improvements contemplated by the Grant, in
accordance with established District policy for playground maintenance. Should any claim for personal
injuries, property damage or wrongful death be asserted as a result of the construction, operation,
2/1/2011
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maintenance, or use of the improvements contemplated by the Grant, the parties shall be responsible for
such claim in the manner provided by the Colorado Governmental Immunity Act and the Colorado law
concerning pro -rata liability. The parties shall not be jointly and severally liable for such claims.
5. By executing this agreement the parties do not waive any immunity or limit liability contained in
the Colorado Governmental Immunity Act; do not create a multi -year fiscal obligation; and do not create
any other financial obligation not supported by a current appropriation.
6. This agreement does not create any rights in any individual not a party to this agreement.
7. This document, and exhibits, shall constitute the entire agreement of the parties.
8. The District hereby grants to the Town a limited license in, and right of entry to, the property
described in Exhibit `B" for the purposes stated in the Grant, Exhibit "A ", and for no other purpose. Such
license and right of entry shall be exercised only in the event the District has failed to comply with the
requirements of the Grant and shall include all rights reasonably necessary, as determined by the Town,
for the Town to enter upon the property and perform its obligations to GOCO under the Grant. This right
includes the ability of the Town to use its employees, agents or outside contractors. This license and right
of entry further includes the right to enter upon the property with any equipment or vehicles.
9. The Town shall disburse the funds to the District according to the requirements stated in Exhibit
«
10. This agreement, including the limited right of entry and license, shall terminate simultaneously
with the termination of all Town obligations under the Grant.
ATTEST: EAGLE COUNTY SCHOOL DISTRICT RE 50J
BOARD OF EDUCATION
[Title] [Title]
ATTEST: TOWN OF VAIL
[Title] [Title]
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RESOLUTION NO.3
Series of 2011 i
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL AND EAGLE COUNTY SCHOOL DISTRICT REJ50 FOR THE RED
SANDSTONE ELEMENTARY SCHOOL PLAYGROUND IMPROVEMENTS; AND SETTING a
FORTH DETAILS IN REGARD THERETO. j
Y
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 ");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified;
WHEREAS, the Town owns the property referred to as the Red Sandstone Elementary School
playground, (the "Playground ");
WHEREAS, On April 12, 2006, the Town and Eagle County School District RE -50J ( "District ")
6.
entered into the Red Sandstone Elementary School Lease. This lease is for a minimum of 30 years;
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WHEREAS, the Town and District additionally have a joint use agreement at the same location
with Vail Recreation District (the "VRD ") for a soccer field;
WHEREAS, the Town has received a $161,203.00 grant on behalf of the District for the
Playground renovation from the Great Outdoors Colorado Trust Fund ( "GOCO ");
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WHEREAS, THE Town and the District wish to enter into an Intergovernmental Agreement (the €
"IGA ") outlining the terms and conditions which the Town and District will fulfill to obtain the grant;
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WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter
into this IGA; and
WHEREAS, the Council's approval of Resolution No. 3, Series 2011, is required to enter into an
IGA.
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NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT: g
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Section 1. The Council hereby approves and authorizes the Town Manager to enter into the
IGA with the District for the Red Sandstone Elementary School playground renovation, in substantially the
same form as attached hereto as Exhibit A and in a form approved by the Town Attorney.
B
Section 2. This Resolution shall take effect immediately upon its passage.
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INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Vail held this 1 51 day of February, 2011.
Richard Cleveland
Town Mayor
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ATTEST: '
Lorelei Donaldson,
Town Clerk
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Resolution No. 3, Series 2011
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE
COUNTY SCHOOL DISTRICT RE50J
This Agreement made this day of 2011, by and between the Town
of Vail, a municipal corporation (the "Town ") a Colorado municipal corporation, 75 South Frontage
Road, Vail, Colorado 81657, ( "the Town ") and Eagle County School District RE50J (the "District ");
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Witnesseth: f
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WHEREAS, the Town has applied for and received a grant from Great Outdoors Colorado,
(GOCO) for the Red Sandstone Elementary School Playground Improvements;
WHEREAS, the District is an ineligible recipient of the grant and the parties intend by this
agreement for the Town to be the conduit through which the District will receive the benefit of the grant;
WHEREAS, the Grant Agreement (the "Grant ") between the Town and GOCO is attached to this
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agreement as Exhibit "A " ;
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WHEREAS, the District intends to bind itself to the Town for all of the Town's obligations stated
in the Grant; and f
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WHEREAS, this Intergovernmental Agreement is authorized pursuant to Sections 29 -1 -201 and s
30 -11 -101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado
Constitution. i
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Now therefore, in consideration of the mutual promises stated below and other valuable B
consideration, the parties agree: i
Agreement
1. The Town shall use its best efforts to fulfill all the conditions precedent to obtain the grant stated
in the Grant. The District will cooperate with the Town and provide all documents necessary for the
Town to fulfill the conditions precedent. The District further assumes all other Town liabilities, and binds k
itself to the Town for all the Town's obligations to GOCO, contained in the Grant. Town warrants and
represents that it has complied with all requirements stated in the Grant documents and has obtained all
necessary consents for the delegation of responsibilities and limited assignment of rights arising under the
Grant to enter into this Agreement.
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2. The Town does not assume any obligation to the District to construct, operate, or maintain the
improvements contemplated by the grant. r
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3. Unless a claim by GOCO arises out of the negligence or other wrongful act of the Town, the
District shall be responsible to the Town for any claim under the Grant, in the same manner and extent as
the Town may be responsible to GOCO. `
4. The District shall operate and maintain the improvements contemplated by the Grant, in
accordance with established District policy for playground maintenance. Should any claim for personal;
injuries, property damage or wrongful death be asserted as a result of the construction, operation,
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maintenance, or use of the improvements contemplated by the Grant, the parties shall be responsible for
such claim in the manner provided by the Colorado Governmental Immunity Act and the Colorado law
concerning pro -rata liability. The parties shall not be jointly and severally liable for such claims.
5. By executing this agreement the parties do not waive any immunity or limit liability contained in
the Colorado Governmental Immunity Act; do not create a multi -year fiscal obligation; and do not create
any other financial obligation not supported by a current appropriation.
6. This agreement does not create any rights in any individual not a party to this agreement.
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7. This document, and exhibits, shall constitute the entire agreement of the parties.
8. The District hereby grants to the Town a limited license in, and right of entry to, the property
described in Exhibit `B" for the purposes stated in the Grant, Exhibit "A ", and for no other purpose. Such
license and right of entry shall be exercised only in the event the District has failed to comply with the
requirements of the Grant and shall include all rights reasonably necessary, as determined by the Town,
for the Town to enter upon the property and perform its obligations to GOCO under the Grant. This right
includes the ability of the Town to use its employees, agents or outside contractors. This license and right
of entry further includes the right to enter upon the property with any equipment or vehicles.
9. The Town shall disburse the funds to the District according to the requirements stated in Exhibit
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10. This agreement, including the limited right of entry and license, shall terminate simultaneously s
with the termination of all Town obligations under the Grant.
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ATTEST: EAGLE COUNTY SCHOOL DISTRICT RE 50J k
BOARD OF EDUCATION
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[Title] [Title]
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ATTEST: TOWN OF VAIL
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[Title] [Title]
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EXHIBIT "A"
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GRANT AGREEMENT DATE: E
PROJECT:
Project Title: Red Sandstone School/Neighborhood Playground Renovation
a. Contract Number: 1.1069
b. Project Location:
Completion Date: December 8, 2012
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PARTIES TO AGREEMENT:
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Board: The State Board of the Great Outdoors Colorado Trust Fund
Address: 1600 Broadway, Suite 1650
Denver, CO 80202
Telephone: (303) 226 -4500 s
Facsimile: (303) 863 -7517
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Grantee: Town of Vail
Address: 75 South Frontage Road d
Vail, CO 81657 1
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Contact Name: Gregg Barrie 1
Contact Title: Landsape Architect i
Telephone: (970) 479 -2337
Facsimile: (970) 479 -2166
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E-mail : GBarrie@vailgov.com
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RECITALS
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A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as
"GOCO" or the "Board ") is a political subdivision of the State of Colorado, created by Article
XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which
article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs
the Board to invest those proceeds in the State's parks, wildlife, open space and recreational
resources. a
• B. In 1994, the Board created a statewide grant program, pursuant to which eligible
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entities could apply for grants for local government parks and outdoor recreation projects to
which Grantee responded with a detailed application (the "Project Application ").
C. Grantee submitted a Project Application to the Board which contemplates the 1
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execution of the project entitled and described above (the "Project "). The parties acknowledge E
that they have on file a complete copy of the Project Application.
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D. The Board approved Grantee's Project Application on December 8, 2010, subject
to the execution of a detailed grant agreement, and subject to the terms and conditions set forth
herein. The parties intend this agreement to be the detailed final grant agreement required by the r
Board (the "Agreement "). $;
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AGREEMENT
NOW, THEREFORE, in consideration of the parties' mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals The Recitals set forth above are hereby incorporated into the R
terms of this Agreement. j
A
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2. Representations and Warranties of Grantee
a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and
has full and lawful authority to enter into, and comply with the terms of, this Agreement.
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b. Grantee's governing body has authorized entering into this Agreement as evidenced by
the resolution attached hereto as Appendix A. i
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C. Grantee warrants that it has good and sufficient title to the property or properties on f
which the Project is to be located (the "Property "). GOCO may require Grantee to provide
evidence of its ownership of the Property and encumbrances against the Property satisfactory to
GOCO in GOCO's discretion prior to funding.
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3. Grant and Proiect Subject to the terms and conditions set forth in this Agreement, the
Board hereby awards to Grantee a sum not to exceed $161,203.00 (the "Grant "). The Grant shall
be used by Grantee solely to complete the Project, in substantial conformity with the final plans,
specifications, designs and uses approved by the Board.
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4. Proiect Scope Grantee shall not materially modify the Project or the Project budget
(attached hereto as Appendix B, the "Budget ") without the prior written approval of the
Executive Director of GOCO ( "Executive Director ") or the Executive Director's designee, such
approval to be in GOCO's sole discretion. Any material modification to the Project undertaken
without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO,
entitling GOCO to all remedies available under this Agreement. If Grantee determines with
reasonable probability that the Project will not or cannot be completed as reflected in the Project
Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a
resolution before any further funds are advanced.
5. Grantee Efforts Grantee shall complete the Project in a timely fashion, in a good and
workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the
Project.
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6. Completion Date Grantee shall complete the Project and submit its Final Report no
later than December 8, 2012 (the "Completion Date ") which is two calendar years after the
Board's approval of the Project. Grantee may request an extension of the Completion Date in a
compliance with GOCO's Overdue Grants Policy, a summary of which is attached as Appendix 1
C ( "Overdue Grants Policy "). If Grantee determines with reasonable probability that the Project,
will not or cannot be completed by the Completion Date or any extended completion date, ( a
Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution
before any further funds are advanced.
7. Matehine Funds Grantee shall obtain the matching cash and in -kind contributions for I
the Project as reflected in the Budget and as required by GOCO policy, and shall provide such ! s
evidence of the same as GOCO may require in its discretion from time -to -time. i
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8. Disbursement of Funds. R
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a. Advance Payment: If Grantee opts to receive a portion of the Grant funds prior to '
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beginning work on the Project (an "Advance Payment "), Grantee shall provide GOCO with a
copy of the fully- executed contract or contracts under which a substantial portion of the Project
will be completed. Such contract or contracts shall show the work and the cost of the work to be
completed. GOCO may, in its discretion, request additional documentation to support making an
Advance Payment. An Advance Payment for Local Park and Outdoor Recreation Grants shall Q
not exceed 70% of the funds contracted for the Project or 50% of the Grant, whichever is less.
An Advance Payment for Mini Grants shall not exceed 75% of the funds contracted for the
Project or 50% of the Grant, whichever is less. An Advance Payment shall be considered a loan 1
until the Project is complete and Final Payment (as defined below) has been made. If Grantee ?,
opts to receive an Advance Payment, it may not receive a Progress Payment (as defined below). E
b. Progress Payment: If Grantee has opted to forego an Advance Payment and has opted to
receive a portion of the Grant funds after starting but prior to completing work on the Project (a i
"Progress Payment "), Grantee shall provide GOCO with a progress report detailing expenditures'
and progress made to date ( "Progress Report"). The Progress Report must be submitted using
GOCO's Progress Report form (available at www.goco.org or by contacting GOCO). GOCO
may, in its discretion, request additional documentation to support making a Progress Payment.
A Progress Payment for Local Park and Outdoor Recreation Grants shall not exceed 70% of the
funds expended to date for the Project or 50% of the Grant, whichever is less. A Progress
Payment for Mini Grants shall not exceed 75% of the funds expended to date for the Project or
50% of the Grant, whichever is less. A Progress Payment shall be considered a loan until the
Project is complete and Final Payment (as defined below) has been made. If Grantee received an
Advance Payment, it may not receive a Progress Payment.
1
C. Final Payment: Once the Project is complete, Grantee shall submit a final report to I
GOCO detailing the accomplishments of and expenditures related to the Project (the "Final p
Report"). The Project is "complete" when all facilities, trails or other improvements included in
the Project have been built and are ready for their intended use. The Final Report must be
submitted using GOCO's Final Report form (available at www.poco.org or by contacting
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GOCO). GOCO may, in its discretion, request additional documentation before its approval of
the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO I
shall pay the outstanding balance on the Grant (the "Final Payment "), subject to any reductions f 4
contemplated by any provision of this Agreement.
9. Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below, the
Grant is subject to the following requirements and conditions. !
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a. The Grant and all matching funds shall be used only for the cost of fixed assets, including
construction of new facilities, and enlargement or renovation of existing facilities. The Grant 1
and all matching funds may not be used to pay for maintenance costs, administrative costs (such j
as salaries associated with administering the Grant, office supplies, telephone, or travel f
expenses), non -fixed assets (such as athletic or maintenance equipment), or any other costs r
deemed to be ineligible by the Board, at the Board's sole discretion. Notwithstanding the
foregoing, matching funds may include up to 50% of the total design, engineering and/or
architectural costs. l
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b. Disbursement of Grant funds shal I be made on the basis of costs actually incurred by
Grantee and supported by written documentation (receipts, bills, etc.). GOCO may, in its
discretion, depending on the nature of the Project, require documentation of mechanics lien
waivers or waivers of claims to public project performance bonds as a precondition to any E:
disbursement under this Agreement.
C. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this
Agreement, no material modifications may be made to the Project. Material modifications to the
Project to which GOCO has not agreed may result in a reduction in the Grant. "Material
modifications" may include, but are not necessarily limited to, a reduction in the total cost of the
Project, a reduction in the size or number of recreational development components to be
constructed, changes to the nature of the recreational development components to be constructed,
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or any other variance from the Project as presented in the Project Application. It is the sole
responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO
strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to
make any such modifications, however seemingly minor, to the Project.
10. Waiver The Executive Director or the Executive Director's designee may in such
person's discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and +.
16 of the Agreement, or may permit performance of one or more of such obligations subsequent
to disbursement.
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11. Payment of Grant Subject to Sufficient Net Lottery Proceeds Payment of the Grant
is subject to GOCO's determination in its sole discretion that it has received and has available
sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery
proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in t
its discretion, including, but not limited to, adequate reserves, funding requirements and/or
commitments for other past, current and future grants, and past, current and future GOCO
operating expenses and budgetary needs.
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12. Project Operation and Maintenance
a. Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for
the purposes specified in the Project Application for a period of 25 years from the date of
completion of the Project or the useful life of the Project, in accordance with product warranties
and/or the generally accepted standards in the parks/recreation community, and provide and
maintain access to the Project and to the Property, regardless of the Property's ownership. F
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b. Failure to comply with the provisions of Paragraph 12.a. may be deemed a breach by
Grantee under Paragraph 21, below.
C. GOCO shall not be liable for any cost of maintenance, management or operation of the g
Project. }
d. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with
adequate records reflecting the operating and maintenance costs of the Project and provide the
Board with such other information concerning the use of the Project by the public and the impact
of the Project.
13. Public Access Grantee agrees, for itself and its successors in interest, to allow z
reasonable public access to the Project for the term specified in Section 12. Grantee may
temporarily close such public access for construction, maintenance, emergency situations, or
other reasonable purposes.
14. Compliance with Reaulatory Requirements and Federal and State Mandates
Grantee hereby assumes responsibility for compliance with all regulatory requirements in all
applicable areas, including but not limited to nondiscrimination, worker safety, local labor
preferences, preferred vendor programs, equal employment opportunity, use of competitive p
bidding, permits, approvals, and other similar requirements. To the extent permitted by law,
Grantee will indemnify and hold the Board harmless from any liability for any failure to comply
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with any such applicable requirements.
15. Nondiscrimination During the performance of this Agreement, Grantee and its
contractors, subcontractors and agents shall not unlawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, physical t
handicap, medical condition, marital status, age or sex, or any other basis prohibited by local,
state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination. Further, during
the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not
engage in any unlawful discrimination in permitting access and use of the Project.
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16. Publicity and Project Information. i
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a. Grantee shall erect and maintain a sign at a prominent location on the Project site
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO
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will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible
samples of its logo to Grantee for custom signs. ;
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i. GOCO shall approve in advance the design of any permanent sign materially i k
varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to
GOCO plans describing the number, design, placement, and wording of signs and placards shall
he submitted to the Board for review and approval prior to completion of the Project.
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ii. The Board may withhold Final Payment pending evidence of placement of
permanent signage.
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b. Grantee shall acknowledge Board funding in all publicity issued by it concerning the
Project.
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C. Grantee shall cooperate with the Board or the Board's designee in advance in preparing
public information pieces related to the Project. t
d. Grantee shall give the Board the right and opportunity to use information gained from the
Project.
e. Grantee shall give the Board a minimum 30 days' notice of Project grand openings,
dedications, or other events.
f. Grantee shall give timely notice of the Project, its inauguration, significance, and
completion to the local members of the Colorado General Assembly, members of the board of
county commissioners of the county or counties in which the Project is located, as well as to
other appropriate public officials.
g. Grantee shall provide quality digital photographs (or printed photographs, if unable to
provide digital photographs) of the completed Project with the Final Report.
h. At no time shall Grantee represent in any manner to the public or to any party that it is
affiliated with GOCO or acting on behalf of LOCO.
17. Liability.
a. Grantee shall be responsible for, and to the extent permitted by law (including any
constitutional or statutory limitations on the ability of a governmental entity to provide
indemnification), indemnify, defend and hold harmless the Board, its officers, agents and
employees from any and all liabilities, claims, demands, damages or costs (including reasonable
legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's
performance of this Agreement. Grantee hereby waives any and al I rights to any type of express
or implied indemnity or right of contribution from the State of Colorado, the Board, its members,
officers, agents or employees, for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner
of the Project and the Property upon which it is located, or has control of the Project and the
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Property, and that GOCO neither possesses nor controls the Project, the Property, nor the
operations of the Project.
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b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of
the immunities, rights, benefits or protection provided to the Board under the Colorado
Governmental Immunity Act ( "CGIA ") as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute
which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for I;
protection under the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101 et seq. The 6
Board and Grantee understand and agree that liability for claims for injuries to persons or
property arising out of the negligence of the Board, its members, officials, agents and employees
may be controlled and/or limited by the provisions of the CGIA. The parties agree that no I
provision of this Agreement shall be construed in such a manner as to reduce the extent to which
the CGIA limits the liability of the Board, its members, officers, agents and employees.
18. Audits and Accountine Grantee shall maintain standard financial accounts, documents,
and records relating to the use, management, and operation of the Project. The accounts,
documents, and records related to the Project shall be retained by Grantee for not less than five
(5) years following the date of disbursement of funds under this Agreement. The Board, or its
designated agent, shall have the right, upon reasonable notice to Grantee, to audit the books and ;
records of Grantee which pertain to the Project and to the use and disposition of the Grant.
While Grantee is not required to use GAAP (Generally Accepted Accounting Principles),
Grantee shall use reasonable and appropriate accounting systems in maintaining the required
records hereunder.
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19. Inspection Throughout the term of this Agreement, GOCO shall have the right to l
inspect the Project to ascertain compliance with this Agreement.
20. Withdrawal of Board Funding; Termination of Agreement Anything else in this
Agreement or otherwise to the contrary notwithstanding, the Board may withdraw, in whole or in !'
part, the Grant and/or terminate this Agreement, and /or seek a refund of payments already made
if the Board determines in its discretion that: !'
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a. facts have arisen or situations have occurred that fundamentally alter the expectations of
the parties or make the purposes for the Grant as contemplated infeasible or impractical;
b. any material modifications in the scope or nature of the Project have occurred from that
which was presented in the Project Application and such material modifications have not I ,
received the prior written approval of GOCO;
C. any statement or representation made by Grantee in the Project Application, this
Agreement, the Advance Payment documentation, the Progress Report, the Final Report, or i
otherwise is untrue, inaccurate or incomplete in any material respect; i
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d. the results of GOCO's review of the Advance Payment documentation, the Progress f
Report, or the Final Report are not acceptable to GOCO;
e. the Project will not or cannot be completed by the Completion Date or any extensions
granted thereto or delays in the implementation of the Project have occurred which, in the i
Board's judgment, make the Project impracticable;
f. the Project will not or cannot be completed within the Budget or any approved
modifications, or the total Project cost and /or Grantee's matching funding are reduced;
g. title to or encumbrances against the Property are or become such that Grantee is unable to
complete the Project, or the Project and /or the Property are or become unavailable for public use;
h. sufficient net lottery proceeds are not available to fund the Grant.
21. Breach
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a. In the event that Grantee breaches any of the terms, covenants, representations, or
conditions of this Agreement, the Board may elect to enforce any and all remedies available at
law or in equity, including without limitation, any of the following:
i. Prior to payment of Grant:
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A. Withdraw the Grant and terminate this Agreement; and,
8.
B. Deny Grantee eligibility for participation in future Board grants, loans or I
projects.
ii. After payment (partial or full) of Grant: I
A. Deny Grantee eligibility for participation in future Board grants, loans or t
projects;
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B. Seek specific performance of Grantee's obligations under this Agreement;
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C. Receive reimbursement in full of disbursement made under the Grant.
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b. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law or in
equity. In the event GOCO must pursue any remedy hereunder and is the substantially !
prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of
collection.
22. Good Faith There is an obligation of good faith on the part of both parties, including
the obligation to make timely communication of information which may reasonably be believed:
to be material to the other party.
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23. Assignment Grantee may not assign its rights under this Agreement without the consent
of the Board, which consent shall be in the discretion of the Board. Any assignment shall
require, at a minimum, that the assignee is eligible to receive grants from the Board and assumes I
Grantee's ongoing obligations under this Agreement. { E
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24. Applicable Law This Agreement shall be governed by the laws of the State of Colorado
and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and
County of Denver.
25. No Joint Venture Nothing in this Agreement shall be construed to create a joint "
venture, partnership, employer /employee or other relationship between the parties hereto other
than independent contracting parties. Except as permitted under the remedies provisions
hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the
name of the other party.
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26. Severability if any provision of this Agreement, or the application thereof, is found to }
be invalid, the remainder of the provisions of this Agreement, or the application of such
provision, other than those as to which it is found to be invalid, shall remain in full force and
effect.
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27. Time is of the Essence. Time is of the essence in this Agreement.
28. Survival. The terms and provisions of this Agreement and the parties' covenants
hereunder shall survive the funding of the Grant and the completion of the Project.
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29. Fax and Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, but all of which when taken together shall constitute one
Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted
by telecopy or e-mail as if they were original signatures. i
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30. Third Party Beneficiary. The Board and Grantee hereby acknowledge and agree that 1,
this Agreement is intended only to cover the relative rights and obligations between the Board I
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and Grantee, and that no third party beneficiaries are intended.
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31. Construction. Each party hereto has reviewed and revised (or requested revisions of) f
this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be l
resolved against a particular party shall not be applicable in the construction and interpretation of i
this Agreement.
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32. Waiver The failure of either party to enforce a term hereof shall not be deemed a waiver
of such term or right of enforcement as to that breach or any subsequent breach of the same, ? j
similar or different nature. No waiver shall be enforceable hereunder unless signed by the party
against whom the waiver is sought to be enforced. i
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33. Entire Agreement Except as expressly provided herein, this Agreement constitutes the I
entire agreement o the parties. No oral understanding agreement n inc in i s
g f p g or agr a of incorporated i this
Agreement shall be binding upon the parties. No changes to this Agreement shall be valid unless
made as an amendment to this contract, approved by the Board, and signed by the parties.
IN WITNESS WHEREOF, the parties by signature below of their authorized representatives I
execute this Agreement effective as of the _ day of 2011.
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STATE BOARD OF THE GREAT GRANTEE:
} OUTDOORS COLORADO TRUST FUND Town of Vail I
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By: By:
Lise Aangeenbrug Name: '.
Executive Director Title: o
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RESOLUTION
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APPENDIX C f ,
SUMMARY OF
OVERDUE GRANTS POLICY
(For information only -
GOCO's full Overdue Grants Policy {
can be found at www.goco.org)
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GREAT
OUTDOORS `
COLORADO f
Summary of Great Outdoors Colorado Overdue Grants Policy
See www.goco.orQ or call 303 - 2264500 k
for a complete copy of the Overdue Grants Policy
Grant is current and the original due date is applicable.
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GOCO Staff ( "Staff') will send a letter to the Grantee within 60 days of the project's°
anticipated due date to remind Grantee that the final report will soon be due. This letter
will also remind the Grantee ofGOCO's policy for project modifications and project }
extensions.
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Failure to complete the project by the original due date, or by any extended due dates
authorized by GOCO as discussed below, may result in the de- authorization of the grant by
the GOCO Board ( "Board "). Also, failure to complete the project by the applicable due g
date may result in the applicant being suspended from applying in pending or future grant
cycles.
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Grant is current and the original due date is applicable, but the grantee needs to
request an extension.
If the Grantee needs to extend the original due date of the current project, the Grantee must
notify GOCO immediately by submitting a written request to the Executive Director of
GOCO ( "Executive Director ") that outlines the specific need for the extension, known as a I 4
Request for a Staff Extension. Staff extensions do not exceed 90 days. GOCO Staff have
the discretion to grant one 90 -day extension if the request is deemed reasonable and
warranted. Staff will notify the Grantee in writing of the decision to grant or deny the
request for a staff extension.
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Failure to submit the Request for a Staff E xtension to the Executive Director 30 days prior
to the original due date may result in the de- authorization of the grant by the Board. i
If the Grantee needs an extension of more than 90 days, the Grantee shall forgo the staff
extension and apply for a Board extension as discussed below.
Grant is current and the Grantee has already received a staff extension and desires
further extension by the Board, OR the Grantee elects to forgo the staff extension in
favor of seeking a Board extension.
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If the Grantee needs an extension in addition to the staff extension, or has elected to forgo t
the staff extension, the Grantee must notify GOCO immediately by submitting a written i
request to the Executive Director that outlines the specific need for the extension, known
as a Request for a Board Extension. The Grantee's Request for a Board Extension will be I
considered by the Board at its next scheduled meeting. The Board has the sole discretion to
grant or deny the requested extension. The grant will not be considered overdue while the t
request for extension is pending.
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Failure to submit the Request for a Board Extension to the Executive Director 30 days
prior to the original due date or staff extended due date may result in the de- authorization
of the grant by the Board.
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Grant is overdue; the original due date or extended due date has passed. } g I
If the Grantee has not fulfilled the requirements of the GOCO grant award, and has not ?
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completed the project by the original due date set forth in the Grant Agreement or by any
extended date(s) as approved by GOCO, staff will send a De- authorization Warning letter
to the Grantee no later than 60 days after the applicable due date has passed.
4
The De- authorization Warning letter will state that the grant shall be presented to the
Board for de- authorization or other appropriate action at the next scheduled Board
meeting. The Grantee must respond to the De- authorization Warning letter at least 14 days
prior to that Board meeting. The Board has the sole discretion to de- authorize the grant, i
extend the due date or take any other action it deems appropriate, including but not limited
to modifying the terms and conditions of the grant award. Staff will notify the Grantee in
writing of the Board's decision. If an extension is not granted, a written Notice of De-
authorization will be sent to the Grantee. 4
t' Failure to respond to the De- authorization Warning letter will result in an automatic de- i
authorization of the grant and will result in the applicant being suspended from applying in
pending or future grant cycles.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 1, 2011
ITEM /TOPIC: Town Manager's Report: (15 min.)
Revenue Update - Kathleen Halloran
PRESENTER(S): Various
ATTACHMENTS:
Revenue Highlights
2/1/2011
TOWN OF VAIL
REVENUE HIGHLIGHTS
January 26, 2011
Sales Tax
Upon receipt of all sales tax returns, December collections are expected to be a
record $2,953,733 up 19.7% from budget and 15.7% from last year. Year -to-
date sales tax collections are up 6.3% from budget and up 4.4% from last year.
The ski season (November- December) is up 13.8% from prior year. Inflation as
measured by the consumer price index was up 1.5% in December and up 1.6%
for all of 2010 compared to 2009.
Construction Permit Fee Revenue
Construction permit revenue for 2010 totals $695,841, down 12% from 2009, but
exceeding budget by 11 %. Major redevelopment projects account for $232,200
compared with $379,211 in 2009 (down 39 %). Revenue from non -major projects
is up 12% from 2009.
Construction permit revenue through January 26 totals $7235, down 33% from
last January.
Use Tax
Use tax collections for 2010 total $1,112,973 compared with $714,785 at this
time last year and a full year budget of $1,050,000. Major redevelopment
projects including First Chair, Lodge Tower, and Ramshorn contributed $429,555
or 39% of the total.
Collections as of January 26 total $7,575, down 48% from last January.
Real Estate Transfer Tax (RETT)
With a majority of 2010 transactions recorded, year -to -date RETT collections
total $6,961,583, compared with $2,485,854 at this time last year. Approximately
$4,218,467, or 61 % was from major redevelopment projects including Arrabelle,
Chalets at the Lodge at Vail, Founders' Park Garage, Landmark, Lions Square
Lodge North, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and
The Sebastian. Collections not related to major redevelopment projects total
$2,743,116 compared with $1,715,095 through 2009, a 60% increase.
January collections total approximately $139,222, a 48% decrease from last
January.
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Parking Revenue
2010
Total parking revenue of $5,042,685 exceeded 2009 by 1.3 %, and was up 2.2%
from the 2010 budget. This revenue consists of both revenue from pass sales
and daily sales from the parking structures:
Pass sales for 2010 total $748,735, a 7% increase from full year 2009, and a
2.3% decrease (or $18,000) from the 2010 budget.
Daily sales from the parking structures total $4.3 million for 2010, flat with full
year 2009, and up 3.0% from budget. Although spring sales lagged behind 2009,
they gained momentum this November /December.
Season year -to -date (Nov /Dec'10)
Pass sales for November /December total $580,106, down 11% compared to
November /December 2009.
Daily sales for November /December total $895,834, up 21.7% compared to
November /December 2009.
January, 2011
Pass sales total $55,397, up 5.8% from January 2010.
As of January 16, daily sales total approximately $530,145, down 19.6% from
this time last year.
Summary
Across all funds and revenue accounts through November 30, 2010, total
revenue of $44.7 million is up 20.4% year -to -date from this time last year and up
8.8% from the budget.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 1, 2011
ITEM /TOPIC: Approval of Legal Service Agreement
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Motion to approve the Legal Services Agreement
BACKGROUND: The Town Attorney, Matt Mire, is duly appointed by the Town Council (the
"Council ") as the Town Attorney as set forth in Section 7.1 of the Town of Vail Charter and has
served as the Town Attorney since November 1, 2001. The Town Attorney and the Town are
parties to a certain employment contract, dated October 31, 2001 (the "Contract ") which
creates terms and conditions of the Town Attorney's employment and establishes the Town
Attorney as a full time Town of Vail Employee. The Council and the Town Attorney wish to
terminate the Contract, and the Council wishes to retain as the Town Attorney on an hourly
basis and pursuant to the terms set forth in the attached Legal Services Agreement (the
"Agreement ").
ATTACHMENTS:
Special Counsel Agreement
2/1/2011
LEGAL SEVICES AGREEMENT
THIS AGREEMENT is entered into this day of 2011, by and between James
Matthew Mire, attorney at law, ( "Attorney "), and the Town of Vail, Colorado (the "Town "). Attorney and
the Town are collectively referred to as the "Parties ".
WHEREAS, Attorney is duly appointed by the Town Council (the "Council ") as the Town
Attorney as set forth in Section 7.1 of the Town of Vail Charter (the "Charter ") and has served as the
Town Attorney since November 1, 2001;
WHEREAS, Attorney and the Town are parties to a certain employment contract, dated October
31, 2001 (the "Contract ") which creates terms and conditions of Attorney's employment;
WHEREAS, the Parties wish to terminate the Contract, and the Town wishes to retain Attorney
as the Town Attorney pursuant to the terms set forth in this agreement (the "Agreement "); and
WHEREAS, Attorney wishes to continue to serve as the Town Attorney and to provide legal
services for the Town as set forth in this Agreement, and as required by Section 7.1 of the Charter.
NOW THEREFORE, in consideration of the mutual promises and conditions herein contained,
the Parties covenant and agree as follows:
1. Effective March 12, 2011 the Contract between the Parties is hereby terminated by
mutual agreement and Attorney shall continue to serve as the Town Attorney pursuant to the terms and
conditions contained herein.
2. Attorney shall act as the Town Attorney for the Town and shall furnish all legal services
required by the Town except those that may require specialized legal work as approved by the Council,
such as water law, bond law and certain litigation. Attorney will be responsible for legal liaison and
coordinating duties with respect to legal specialists as authorized and required by the Town.
3. Attorney shall supply the secretarial and other support staff services necessary to render
the services to the Town as required by this Agreement. Attorney shall supply the computers and
telephone service necessary to render the services to the Town as required by this Agreement. Law books
and /or other items purchased or furnished by the Town for Attorney's use will remain the property of the
Town at the end of Attorney's tenure as Attorney for the Town.
4. At all times during the term of this Agreement, Attorney shall maintain professional
liability insurance in an amount no less than one million dollars ($1,000,000.00).
5. Attorney is acting as an independent contractor; therefore, the Town will not be
responsible for FICA taxes, health or life insurance, vacation, or sick time. The position contracted for
herein shall not be a full-time position.
6. Attorney shall provide the following services in relation to the issues identified in
Paragraph 2 hereof:
a. Attend all meetings of the Vail Town Council, and as directed attend meetings of
Town staff and other boards and commissions.
1125111
2/1/2011 Tail Town Attorney
4 -1 -1
b. Provide two (2) full days of office hours per week during weeks there is no
regularly scheduled meeting of the Council, and provide one (1) full day of office hours per week
during the weeks there is a regularly scheduled Council meeting. All office hours shall be
conducted in an office to be provided by the Town at 75 S. Frontage Road, Vail, CO 81657.
C. Perform all duties required by ordinances of the Town and by state and federal
law.
d. Provide timely attention to and advice with regard to compliance with all
applicable law.
e. As directed, represent the Town in its dealings with others.
f. As directed, represent the Town in litigation in which it may be involved.
7. The Town shall compensate Attorney for the legal services described herein at a rate of
one hundred eighty -five dollars ($185.00) per hour, not to exceed one hundred ten (I 10) hours per month
without the express consent of the Council or the Town Manager. This not to exceed amount shall not
constitute a guaranteed minimum amount and Attorney shall only be compensated for actual hours billed
and approved by the Town for payment. This not to exceed amount shall not include work for which the
Town is reimbursed, nor shall it include "specialized" legal work as described above and as approved by
the Council or the Town Manager. Compensation for such legal services is payable monthly following
submission of itemized statements to the Town.
8. The Town shall pay, in addition to payment of legal fees, all filing fees, bonds, witness
fees, deposition costs, messenger services, long distance telephone charges (for telephone charges
incurred during office hours), reproduction costs, postage, computer research costs, and similar expenses
incurred by Attorney on behalf of the Town. Such charges and costs shall be separately itemized on
billing statements.
9. This Agreement shall become effective upon March 12, 2001, and shall continue for an
indefinite term. This Agreement may be terminated at any time at the pleasure of either party, provided,
however, that Attorney shall give the Town at least thirty (30) days prior written notice of termination.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first
above written.
TOWN OF VAIL, COLORADO
Mayor
ATTEST:
Town Clerk
ATTORNEY
J. Matthew Mire
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 1, 2011
ITEM /TOPIC: A final presentation on the findings of the "Ever Vail Fiscal and Economic
Impact Analysis" report, dated January 13, 2011.
PRESENTER(S): Andy Knudtsen, Economic and Planning Systems
ACTION REQUESTED OF COUNCIL: No action is requested at this time.
BACKGROUND: On December 7, 2010 the Vail Town Council heard a presentation by EPS
on the findings contained in the "Ever Vail Fiscal and Economic ImpactAnalysis" report, dated
November 11, 2010. The final report is in response to the questions raised by the Vail Town
Council on the 7th.
ATTACHMENTS:
EP Report Dated 0 113 11
2/1/2011
Ever V a i l
The Econornics Land U se Fiscal Impact Analysis
- aL�
Prepared for:
Town of Vail
Prepared by:
Economic & Planning Systems, Inc.
January 13, 2011
Economic & Planning Systems, Inc.
730 17th Street Suite 630
Denver, CO 80202 -3511
303 623 3557 tel
303 623 9049 fax
EPS #20812
Berkeley
Sacramento
Denver
www.epsys. corn
Table of Contents
1. INTRODUCTION ..................................................................... ............................... 1
Purpose.................................................................................... ............................... 1
ReportOrganization ................................................................... ............................... 1
Methodology.............................................................................. ..............................3
Fiscal Model Organization ............................................................. ..............................6
2. PROJECT OVERVIEW AND KEY ASSUMPTIONS ................................... ............................... 8
Development Program ................................................................ ............................... 8
KeyAssumptions ..................................................................... ............................... 12
3. FISCAL IMPACTS ................................................................. ............................... 14
Summary of Fiscal Impacts ....................................................... ............................... 14
Existing Site Fiscal Conditions .................................................... ............................... 18
General Fund Impacts .............................................................. ............................... 19
OtherFund Impacts ................................................................. ............................... 25
4. ECONOMIC IMPACTS ............................................................. ............................... 29
Summary of Retail Impacts ....................................................... ............................... 29
Ever Vail Spending Flows .......................................................... ............................... 34
Retail Sales in Ever Vail Businesses ............................................ ............................... 38
5. KEY FINDINGS AND RECOMMENDATIONS ...................................... ............................... 42
List of Tables
Table 1 Ever Vail Proposed Development Program ............................ ............................... 8
Table 2 Ever Vail Estimated Market Values ........................................ ..............................9
Table 3 Ever Vail Retail and Commercial Development Program ....... ............................... 10
Table 4 Comparison of Ever Vail Retail Programs ............................ ............................... 11
Table 5 Occupancy Assumptions ................................................... ............................... 12
Table 6 High Scenario Fiscal Impacts ............................................ ............................... 15
Table 7 Low Scenario Fiscal Impacts ............................................. ............................... 16
Table 8 Current General Revenues from Ever Vail Site .................... ............................... 18
Table 9 High Scenario - General Fund Revenues and Expenses ......... ............................... 20
Table 10 Low Scenario - General Fund Revenues and Expenses ......... ............................... 21
Table 11 Summary of Ever Vail Sales Tax ........................................ ............................... 23
Table 12 General Fund One -Time Revenues and Expenses ................ ............................... 24
Table 13 Capital Fund Impacts - High Scenario ................................ ............................... 26
Table 14 Capital Fund Impacts - Low Scenario ................................ ............................... 27
Table 15 RETT, Vail Marketing District, and URA Revenues ................ ............................... 28
Table 16 Summary of Town Retail Sales Flows with Ever Vail ............. ............................... 31
Table 17 Vail Retail Inventory ........................................................ ............................... 33
Table 18 Total Ever Vail Guest Spending Regardless of Location ......... ............................... 35
Table 19 Ever Vail Guest Spending Capture Rates ............................ ............................... 36
Table 20 Ever Vail Guest Spending by Location ................................ ............................... 37
Table 21 Potential Erosion from Existing Business Districts ................ ............................... 39
Table 22 Projected Sources of Sales in Ever Vail Retail ...................... ............................... 40
Table 23 Projected Net Dollar Flows by Business District ................... ............................... 41
List of Figures
Figure 1 Ever Vail Guest Spending Patterns .................................... ............................... 30
Figure 2 Net Dollar Flows vs. Existing Retail Sales ........................... ............................... 32
1. INTRODUCTION
Purpose
Economic & Planning Systems (EPS) was hired by the Town of Vail to conduct a fiscal and
economic impact analysis of the proposed Ever Vail development. EPS' scope of work included
two major tasks:
Fiscal Impact Analysis - The fiscal impact analysis addresses the costs of providing Town
services to the project compared to the revenues generated by the project. The fiscal analysis
accounts for a range of funds including the General Fund, the Capital Fund, the RETT Fund, the
Marketing Fund, and the URA Fund.
Economic Impact Analysis - The economic impact analysis addresses the ways in which the
project is expected to impact other sectors of the Vail economy and how these impacts can be
mitigated. One of the key issues has been cannibalization (sales erosion). To address this issue,
the Economic Impact Analysis quantifies retail sales flows by base area, Vail Village, Lionshead,
and West Vail. The Economic Impact analysis also addresses other economic and policy issues
(more qualitatively) such as the provision and filling of "hot beds," the capability to attract group
sales, the ability of the project to fill shoulder seasons, and the economic goal of attracting and
retaining jobs in more diverse economic sectors.
Report Organization
This report provides a comprehensive analysis of the Ever Vail projected impacts. It includes the
following chapters:
1. Introduction - Identifies the purpose for the analysis and lists key issues to be evaluated.
2. Project Overview and Key Assumptions - Provides a summary of the project, a summary
of how the program has changed, and lists the key assumptions used to determine the fiscal
and economic impacts.
3. Fiscal Impacts - Identifies the full range of fiscal revenues and expenditure for five
different Town funds.
4. Economic Impacts - Provides a basis for understanding sales flows into and within the
Town of Vail. Estimates future sales flows and quantifies cannibalization impacts to existing
retail nodes.
5. Recommendations - Lists key findings from this study and isolates key issues that warrant
follow up based on this analysis.
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Ever Vail Fiscal Impact Analysis
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Summary of Previous Material
On December 7, 2010, Economic & Planning Systems presented its analysis to the Vail Town
Council regarding the fiscal and economic impacts of the proposed Ever Vail development.
(Material used in the presentation was dated November 11, 2010.) During the presentation,
Council members asked a series of questions. In response, EPS has provided this expanded
report to address:
• Follow Up Questions - This report provides a more detailed explanation of the methods
and assumptions used in the analysis. The report describes the projections for each fund and
links the narrative to detailed tables to provide a more incremental approach and an increase
in the level of understanding of the models used in the analysis. It also addresses specific
issues such as the Lionshead retail sales levels, lift ticket revenue projections, and revenue
streams generated by the current improvements.
• Revisions - A number of small revisions have been made to address comments and to
correct minor errors. The changes show that the project will have a slightly better fiscal and
economic impact on the Town than originally projected. None of the changes affect the
overall conclusions. These revisions are summarized below.
1. Fiscal Impact Model Overview. The methodology section was revised and expanded to
describe the organization of the Fiscal Impact Model and the functions of the various
tables.
2. Lionshead food and beverage sales. Lionshead food and beverage sales are
approximately $22.2 million, compared to the incorrect figure of $2.9 million shown
previously. EPS overlooked a category of sales in the previous version and the model has
been corrected. A small change to the erosion and sales flows estimates was required
after this change, resulting in a minor difference in the sales flow figures (1.0 percent
positive net sales flow versus 0.9 percent in this version).
3. RETT Fund. The figure reported in Tables 6 and 7 of the previous memo reflected the
total for RETT from initial developer sales and the recreation impact fee. These two
figures are now reported separately to clarify the individual revenue sources to the RETT
fund. The ongoing revenues stated previously have not changed.
4. General Fund Expenses. The General Fund expenses under the cumulative scenario
declined by $149,000. EPS mistakenly included the right -of -way maintenance cost twice
in the cumulative impact. Because costs are now lower, the fiscal benefit is higher.
5. General Fund Revenues. Revenues declined by $44,000 in Phase I and $18,000 in Phase
II due to the elimination of the Road and Bridge Property Tax. Since the project is
largely within the Lionshead URA, this revenue stream would be part of the increment
captured by the URA.
6. A typographical error in Figure 1 (the dollar bill image) was corrected.
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Ever Vail Fiscal Impact Analysis
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Methodology
This section provides an overview of the methodology used to perform the detailed calculations
in the Fiscal Impact Model. Fiscal impact analysis (FIA) is a municipal financial planning and
community development tool used to evaluate the impacts of land use decisions. It provides
order -of- magnitude estimates of the impacts to a Town's ongoing revenues, operations and
maintenance costs, and capital expenditures. The FIA can, however, identify specific project
impacts to be addressed and mitigated such as extraordinary O &M costs or one -time capital
costs triggered by the project.
The analysis focuses on the Town's General Fund revenues and expenditures to estimate the net
fiscal impact of the project. The General Fund is the major operating fund for the Town. The
analysis also estimates the building and construction related revenues, the Real Estate Transfer
Tax (RETT), construction use tax, lodging tax, the recreation impact fee, and property tax
increment to the URA. The Town has many other smaller revenue sources. Most of these were
not analyzed because they do not have a strong nexus to growth and development. In other
words, they are determined by contractual agreements or formulas that are not directly linked to
new growth and development.
Expenditures are not estimated for the RETT, Vail Marketing District, or URA funds because
expenditures from these funds are made on a discretionary basis as funds are available, and
these expenditures may not be directly related to impacts generated by Ever Vail.
Cost and Revenue Methodology
The fiscal impact model uses the Town of Vail Budgets and Comprehensive Annual Financial
Reports (CAFR) from 2006 -2009 as the basis for estimating revenue and cost factors which are
applied to estimate project specific impacts. The analysis compares annual ongoing revenues to
ongoing annual expenditures (O &M). One -time capital costs are addressed separately. Two
methods are used to estimate costs and revenues: case studies and average cost or revenue
multipliers, as described below.
Case Studies
This refers to a specific calculation of the marginal costs or revenues derived from the Project
based on available data. Case studies were developed for revenue sources when refined
calculation methods were available. For example, property taxes are calculated from expected
market values multiplied by the assessment ratio and then multiplied by the applicable mill
rates. Sales tax revenues are calculated from estimated visitor expenditures. Police and fire
impacts (calls for service) were estimated by constructing a per -unit comparison of call volume
in Lionshead Village.
Average Cost or Revenue Multipliers
These are cost or revenue measures that are ratios of budget line items to known quantities such
as population, housing units, or peak persons served. The variable "peak persons served" is
defined as population plus visitors plus one -half of non - resident employees. Half of non - resident
employees reflect the impacts of employees who are only present for a portion of a day. This
estimating technique is used when more detailed data is not available. Revenues or
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Ever Vail Fiscal Impact Analysis
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expenditures can be expressed in terms of a cost or revenue per capita, per housing unit, or per
peak person served, etc.
Some costs and revenues do not increase at the same rate as the Town's growth. For example,
general Town administration and government is a relatively fixed cost that does not increase by
a one -to -one ratio with new development. The costs to provide other services such as police and
fire are more directly tied to the increase in population and persons served generated by new
development. To account for cost variability, a percentage adjustment is applied to gross
average cost multipliers to reduce them to a net multiplier.
One -Time vs, Ongoing Revenues
New development generates two types of revenue to the General Fund: annual revenue and one-
time revenue. Annual revenue includes property tax, sales tax, and lodging sales tax. One -time
revenue includes building permit and plan review fees. Note that other Town Funds, such as
Capital, RETT, Marketing, etc., are addressed following the General Fund discussion.
Tax Revenues
The tax revenues described below are ongoing annual revenues that will occur after the project
is constructed and occupied, and will continue for the life of the project. The major ongoing tax
revenues analyzed are described below:
• Sales and Lodging Tax — The Town allocates about 60 percent of sales tax to the General
Fund and 40 percent to the Capital Fund. Within the General Fund, sales tax accounts for 37
percent of all General Fund revenues. Sales tax includes the 4.0 percent general sales tax
and the 1.4 percent lodging tax. The 4.0 sales tax applies to both retail sales and overnight
lodging sales. The 1.4 percent lodging tax is dedicated to the Vail Marketing District and is
not used to fund Town operations.
• Property Tax — Property tax is normally a General Fund revenue. However, the Ever Vail
project lies within the Lionshead Urban Renewal Area (URA). The URA collects property tax
increment revenues in this area for 25 years after the date that the tax base for the URA was
established. The tax base for tax increment revenues was established on December 31,
2004. Any new property tax revenue in the URA, including revenues generated by the Ever
Vail project, flows to the URA rather than the General Fund until 2030 (December 31, 2029).
The URA can use these revenues to fund a variety of functions or capital projects within the
U RA.
• Ski Lift Tax — This is a 4.0 percent sales tax on lift ticket sales. Lift tax revenue contributes
to operating the Town's free bus service. Lift tax is calculated from net new skier visits,
rather than the total number of skiers originating in the Ever Vail mountain portal.
• Real Estate Transfer Tax (RETT) — This is a 1.0 percent transaction tax on the sale of real
property in the Town of Vail. RETT revenues are restricted to the RETT Fund, which is used
for parks, recreation, open space, and environmental sustainability.
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Construction Related Revenues
Ever Vail will generate several revenue streams during the course of project construction. These
are "one- time" revenues in that they will end when the project is built out. The primary concern
in the FIA is to ensure that the ongoing revenues will cover the costs of services, as
construction - related revenues cannot be relied on if construction stops. However, construction
fees and permits are roughly 15 percent of General Fund revenues, and are an important
operating revenue source from year -to -year and should be accounted for in the analysis.
• Construction Use Tax — The Town's 4.0 percent construction use tax is applied to the cost
of materials. The construction use tax is dedicated to the Capital Fund.
• Building Permit and Plan Review Fees — The Town charges a building permit fee based
on the construction valuation and a plan review fee that is 65 percent of the building permit
fee. Permit fees go to the General Fund.
• Recreation Impact Fee — The Town charges a $1.00 per square foot recreation impact fee
which is allocated to the RETT fund for parks, recreation, open space, and environmental
sustainability.
• Traffic Impact Fee — The Town has traditionally collected a traffic impact fee that is
$6,500 per peak hour trip. It has been included in the analysis, recognizing that in previous
project approvals, the Town has accepted public road improvements as a credit against the
impact fee.
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Ever Vail Fiscal Impact Analysis
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Fiscal Model Organization
EPS has provided Town staff with a detailed Fiscal Impact Model (a spreadsheet model) that
contains all of the calculations and assumptions used in this analysis. Earlier drafts of the Model
were also provided to Town Council. This section of the report provides an overview of the
Model's organization for reference. The Table of Contents in the Fiscal Model (separate from this
report) shows the general organization of the model, with table numbers and descriptions
divided into major topic areas described below. The tables referenced in this section refer to the
Fiscal Impact Model, not this report.
Project Assumptions
The development program and basic market assumptions are identified in this section of the
Fiscal Model in Tables 1 through 8. Many costs and revenues are based on visitor days
generated by the project. The calculation of net new visitor days is shown in Table 5. The
project's peak population and visitors are also calculated in Table 6. The monthly occupancies
used for calculating skier visits are shown in Table 8.
Town Demographics and Budget Analysis
This section of the model calculates the cost and revenue multiplier factors used for costs and
revenues estimated with the average cost method. Table 9 estimates the total Town peak
population. Table 10 is an estimate of second homes (not in the rental pool) used in Table 9.
Tables 11 through 14 identify the various cost and revenues in the general fund, the methods
used to estimate them (case studies or average cost method), and the resulting average cost
and revenue multipliers. Table 15 describes the current sales tax structure in the Town.
Revenue Analysis
Tables 16 through 22 provide detailed case study estimates of the property tax, lodging tax,
RETT, and lift tax revenues. Table 22 estimates the lift tax from only net new skier visits
calculated from net new visitor days. Table 22a provides a total estimate of skiers that would
originate in the Ever Vail portal, not including day skiers from parking.
Cost Analysis
Case studies for the major project costs are shown in Tables 23 through 28. These were
developed with Town department heads and key staff. The transit impacts identified in Table 28
come from LSC Transportation Consultants.
One -Time Fees and Revenues
Tables 29 through 32 calculate one -time building and development fees from the development
program. Actual fees will vary as more specific construction information becomes available.
These revenues occur "one time" in that they only occur during construction.
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Results Tables
Tables 33 through 38 combine the case study estimates and average cost /revenue estimates to
calculate the annual net fiscal impact to the General Fund, shown in detail in Table 35. Table 36
shows one -time General Fund revenues. Table 37 shows the impact to the Capital Fund.
Table 38 shows the impacts to the RETT, Vail Marketing District, and URA funds. Expenditures
are not estimated for the RETT, Vail Marketing District, or URA funds because expenditures from
these funds are made on a discretionary basis, as funds are available, and these expenditures
may not be related to impacts generated by Ever Vail.
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2. PROJECT OVERVIEW AND KEY ASSUMPTIONS
The purpose of this chapter is to summarize the proposed development program, isolate various
elements within the program by use to evaluate fiscal impact, and provide assumptions about
the functioning of the development that serve as the basis for the modeling.
Development Program
Residential
The development program as proposed is summarized in Table 1. It includes a total of 530
residential units and hotel rooms. The hotel is currently proposed to be 102 rooms. A 76 -unit
"branded residence" condominium component would be associated with the hotel brand,
management, and guest services. An additional 307 market rate condominiums are proposed,
plus 26 deed restricted rental units and 19 deed restricted for -sale condominiums. The for -sale
units would be deed restricted to Eagle County residents and full -time local employees.
Compared to the earlier submittal, the residential program is largely the same; the major
difference is that the hotel has been reduced to 102 rooms from 120 rooms. The retail program
has also been scaled back significantly, as will be discussed below.
The project was analyzed as a two phase project. The fiscal impact of each phase was modeled
as if it were a single standalone project; the fiscal impacts of Phase I and Phase II are reported
separately. The cumulative impact of full buildout of both phases was also analyzed. EPS has
modeled the east phase as Phase I. Phase I includes the hotel and retail /commercial space.
Phase II, the western phase, is almost entirely residential.
Table 1
Ever Vail Proposed Development Program
Ever Vail Fiscal Impact Analysis
Description Phase I Phase II Total
East West
Development Program
Hotel 102 0 102
Branded Residences 76 0 76
Condominiums 158 149 307
Deed Restricted Rental 8 18 26
Deed Restricted For -Sale 12 7 19
Total Units 356 174 530
GRFA 468,067 315,273 783,340
Source: Vail Resorts Development Company, Economic & Planning Systems
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Ever Vail Fiscal Impact Analysis
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Market values for the fiscal impact analysis were determined by EPS from research on several
recently built and currently for -sale base area projects located throughout the Intermountain
West. The market rate components are modeled at an average of $1,200 per square foot, or
$1.8 million per unit, as shown in Table 2. The hotel market value is estimated to be $426,000
per room, based on 60 percent occupancy, a $350 per night average daily rate, 50 percent
operating expenses, and a 9.0 percent capitalization rate. Vail Resorts Development Company
(VRDC) staff has indicated that the deed - restricted for -sale units would be priced at
approximately $400,000 per unit.
Table 2
Ever Vail Estimated Market Values
Ever Vail Fiscal Impact Analysis
Description Phase I Phase II
Avg. Sq. Ft.
Hotel - -- - --
Branded Residences 1,500 1,500
Condominiums 1,500 1,500
Deed Restricted Rental 1,200 1,200
Deed Restricted For -Sale 1,250 1,250
Market Value /Sq. Ft.
Hotel - -- - --
Branded Residences $1,200 $1,200
Condominiums $1,200 $1,200
Deed Restricted Rental - -- - --
Deed Restricted For -Sale $325 $325
Market Value /Unit
Hotel $426,000 $426,000
Branded Residences $1,800,000 $1,800,000
Condominiums $1,800,000 $1,800,000
Deed Restricted Rental $102,000 $102,000
Deed Restricted For -Sale $406,250 $406,250
Source: Vail Resorts Development Company, Economic & Planning Systems
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Retail and Commercial
The project is also proposed to contain approximately 123,000 square feet of mixed use retail
and commercial space. However, less than half of the space or approximately 53,000 square
feet is programmed as retail and food and beverage space. There is an additional 69,500 square
feet of conference, meeting, skier services, spa, and office space, as shown in Table 3. The
program also proposes additional parking. A total of 1,464 parking spaces will be constructed,
1,025 in Phase I and 439 in Phase II. Approximately 400 of the total count will be public spaces
and are anticipated to be used by day skiers during the ski season. The balance fulfills
requirements related to retail and residential uses.
Table 3
Ever Vail Retail and Commercial Development Program
Ever Vail Fiscal Impact Analysis
Description Phase I Phase II Total
East West
Retail and F &B
Restaurant 16,090 0 16,090
Nightclub 6,013 0 6,013
Sporting /Apparel 11,118 0 11,118
Spa and Other Leaseable Retail 5,881 0 5,881
Grocer 14,156 0 14,156
Subtotal 53,258 0 53,258
Other Commercial Space
Skier Services - Ticketing 2,489 0 2,489
Children's Skier Services 0 12,114 12,114
Spa 9,870 0 9,870
Office 35,395 0 35,395
Meeting Spaces (incl. hotel) 9,663 0 9,663
Subtotal 57,417 12,114 69,531
Totals 110, 6 75 12,114 122,789
Parking
Public Spaces 200 200 400
General 825 239 1,064
Total Analyzed 1,025 439 1,464
Source: Vail Resorts & BBC Research, Economic & Planning Systems
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Ever Vail Fiscal Impact Analysis
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The applicant has reduced by approximately half the amount of retail proposed in this submittal.
The applicant is currently proposing 53,000 square feet of restaurant, spa, and leasable retail
space. Earlier versions of the development program contained approximately 100,000 square
feet of retail and restaurant space. The current proposal has been downsized, as shown in
Table 4.
Previously, EPS expressed concerns that the earlier proposal had too much retail space for the
location and the size of the bed base proposed. A number of potential impacts to the Town were
identified such as vacant retail space and a lack of vitality and potential impacts to the existing
retail areas of the Town. The reduction in retail space was an outcome of several discussions
and working meetings between Vail Resorts Development Company (VRDC), EPS, BBC Research
working as VRDC's consultant, and Town of Vail Staff. A key factor used in these discussions
was the amount of retail floor area that could be supported by reasonable assumptions about the
expenditure potential from Ever Vail guests and residents. (Based on the immediate adjacency,
the "right sizing" also accounted for future expenditure from Ritz Carlton guests.) There is now
general agreement that the retail is appropriately sized, the supply reflects appropriate
assumptions about demand, and that the resulting area has sufficient ballast to provide a high
quality guest experience expected by visitors at a ski area base portal.
Table 4
Comparison of Ever Vail Retail Programs
Ever Vail Fiscal Impact Analysis
Retail Development Current Proposal Previous Proposal
Restaurant 16,090 24,000
Nightclub 6,013 6,000
Sporting /Apparel 11,118 36,000
Spa and Other Leaseable Retail 5,881 21,000
Grocer 14,156 13,000
Total 53,258 100,000
Source: Vail Resorts, Economic & Planning Systems
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Key Assumptions
EPS analyzed the project under "High" and "Low" scenarios to evaluate the project under
different performance measures. The High Scenario reflects what EPS believes to be reasonable
estimates of performance for a well located high quality base portal development with direct lift
access. It was not designed to be an "optimistic" or "aggressive" scenario. It does, however,
assume that VRDC will actively market the project, pursue off - season business (group business,
meetings, conferences, etc.) to fill hotel rooms and rental condominiums, and motivate owners
to participate in a rental program. The "Low" scenario was designed to reflect "average" or
"business -as- usual" performance for Vail properties. Occupancy is a key economic and fiscal
driver; the occupancy assumptions are shown below in Table 5. In the High Scenario, the hotel
is assumed to operate at 60 percent annual occupancy and 50 percent annual occupancy in the
Low Scenario. Condominiums are modeled at 40 percent annual occupancy in the High Scenario
and at 30 percent in the Low Scenario.
Table 5
Occupancy Assumptions
Ever Vail Fiscal Impact Analysis
Description "High" Scenario "Low" Scenario
% In Rental Pool
Hotel 100% 100%
Branded Residences 75% 65%
Condominiums (Free Market) 50% 35%
Deed Restricted Rental 0% 0%
Deed Restricted For -Sale 0% 0%
Annual Occupancy
Hotel 60% 50%
Branded Residences 45% 40%
Condominiums in Rental Pool 40% 30%
Second Home Condominiums 20% 20%
% of Guests Net New
Hotel 70% 60%
Branded Residences 70% 60%
Condominiums in Rental Pool 50% 40%
Second Homes 100% 100%
Source: Vail Resorts, Economic & Planning Systems
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The percent of guests that are "net new" to Vail is also estimated. The hotel is assumed to draw
60 to 70 percent net new guests, based on interviews with hospitality consultants and hotel
managers. Net new guests are lower for the condominiums, estimated at 40 to 50 percent. All
second homeowners are assumed to be new; however, second homes have a fraction of the
economic impact of hotel rooms and therefore do not have a large effect in the fiscal impact model.
Another key assumption is that costs related to infrastructure internal to the project will be borne
by Vail Resorts, not the Town of Vail. It is anticipated that Vail Resorts and the Town will
establish a Title 32 Metropolitan District (metro district) for this purpose. At the time of service
plan approval, it is recommended that a segregated revenue stream be established to cover
operations and maintenance costs (as distinct from debt service for capital improvements) and
that it be sized to ensure a level of service commensurate with Town of Vail standards.
Finally, it is important to note that the fees included in the model are the best approximation
available at this time. Actual fees and requirements applied at time of project approval or at
time of building permit may differ, based on a modified development program and /or modified
Town standards.
Economic & Planning Systems, Inc. 13
3. FISCAL IMPACTS
Summary of Fiscal Impacts
The following is a summary of the key costs and revenues generated by the project, and the
impacts by fund. Detailed results and supporting calculations can be viewed in the Fiscal Model
that has been provided to Town Staff. A description of the methodology used and an overview of
the Fiscal Model is also provided at the end of this memorandum.
1. At full buildout, the Ever Vail project is estimated to generate a positive fiscal
impact to the Town. After accounting for high and low occupancy assumptions, the
fiscal impact to the General Fund is estimated at $472,000 to $796,000 annually at
full project buildout and stabilization.
The higher range of estimated fiscal impacts reflects what EPS believes are reasonable
assumptions for the performance of a high quality well performing base area resort project
with direct lift access. It also presumes that VRDC will actively market the project to fill hotel
beds, attract groups during the off - season, and encourage owners to participate in a rental
program. The lower fiscal impact estimate represents more "average" performance for Vail
properties, with no special marketing or management strategies designed to maximize "hot
beds." The project's actual performance will likely lie somewhere between the low and high
estimates. The results of the fiscal impact analysis are summarized in Tables 6 and 7 for
the High and Low Scenarios, respectively.
2. The fiscal impacts of both phases of the project are positive. Phase I (east)
generates a larger benefit to the Town than Phase II (west) due to higher guest
expenditure levels generated by the 102 hotel rooms, 76 branded residences, and
158 condominium units.
The hotel is a key economic driver estimated to generate about 25 percent of the visitors and
spending from the project under the High Scenario. The branded residences are modeled as
performing similarly to the hotel and account for approximately 17 percent of total visitors
and expenditures. As noted previously, Phase II does not include hotel rooms or branded
residences. Retail sales and sales tax are derived from visitor spending, and Phase I
generates more spending that Phase II. The annual net fiscal impact to the General Fund of
Phase I by itself is estimated at $300,400 to $518,700. Phase II by itself has a fiscal impact
of $100,100 to $205,200 per year.
Economic & Planning Systems, Inc. 14
Ever Vail Fiscal Impact Analysis
January 13, 2011
Table 6
High Scenario Fiscal Impacts
Ever Vail Fiscal Impact Analysis
By Phase - Standalone Cumulative Impact by Phase
Fund Phase I Phase II Phase I Phases I & II
General Fund
Revenues $971,500 $412,100 $971,500 $1,383,500
Expenses [1] -$452,800 -$206,900 -$452,800 -$587,85
Net Fiscal Impact $518,700 $205,200 $518,700 $795,650
Capital Fund
One -Time Use Tax $9,291,760 $5,103,520 $9,291,760 $14,395,280
Annual Sales Tax $599,800 $258,464 $599,800 $858,232
RETT Fund
One -Time Developer Sales $4,261,000 $2,710,000 $4,261,000 $6,971,000
Recreation Impact Fee $ 468.067 $315.273 $468.067 $783.340
Total One -Time Revenue $4,729,067 $3,025,273 $4,729,067 $7,754,340
Annual Resales $192,000 $122,000 $192,000 $314,000
Vail Marketing District
1.4% Lodging Tax (Annual) $366,000 $168,000 $366,000 $534,000
Urban Renewal Authority
General Fund Property Tax to URA [2] $258,000 $104,000 $258,000 $362,000
Other Taxing Entities Tax Increment $2,280,000 $919,000 $2,280,000 $3 0
Total Property Tax Increment $2,538,000 $1,023,000 $2,538,000 $3,561,000
[1] Expenses by phase do not add to the cumulative impacts ofthe entire project. Police is not estimated to need additional staff to serve individual phase<
but would need an estimated 1 officer to serve the project if both phases are built. Fire is estimated to need an additional staff person to serve Phase I
which will also cover Phase 11.
[2] The project is Ia gelywithin the Uonshead URA This revenue reverts to General Fund after URA expires in 2030.
Source: Economic& Planning Systems
H: \28812 Ever Vail Fl gal Matysls\M Itl \[ 20812 -fiscalm el- 12-29- 2010 -]ESA
Economic & Planning Systems, Inc. 15
Ever Vail Fiscal Impact Analysis
January 13, 2011
Table 7
Low Scenario Fiscal Impacts
Ever Vail Fiscal Impact Analysis
By Phase - Standalone Cumulative Impact by Phase
Fund Phase I Phase II Phase I Phases I & II
General Fund
Revenues $736,000 $298,100 $736,000 $1,034,000
Expenses [1] - $435,600 - $198,000 - $435,600 - $561,750
Net Fiscal Impact $300,400 $100,100 $300,400 $472,250
Capital Fund
One -Time Use Tax $9,157,200 $5,103,520 $9,157,200 $14,260,720
Annual Sales Tax $457,096 $188,264 $457,096 $645,344
RETT Fund
One -Time Developer Sales $4,261,000 $2,710,000 $4,261,000 $6,971,000
Recreation Impact Fee $468,067 $315.273 $468,067 $783.340
Total One -Time Revenue $4,729,067 $3,025,273 $4,729,067 $7,754,340
Annual Resales $192,000 $122.000 $192,000 $314,000
Vail Marketing District
1.4% Lodging Tax (Annual) $294,000 $126,000 $294,000 $420,000
Urban Renewal Authority
General Fund Property Tax to URA [2] $248,000 $104,000 $248,000 $352,000
Other Taxing Entities Tax Increment $2,193,000 $919,000 $2,193,000 $3,112,000
Total Property Tax Increment $2,441,000 $1,023,000 $2,441,000 $3,464,000
[1] Expenses by phase do not add to the cumulative impacts of the entire project. Police is not estimated to need additional staff to serve individual phases,
but would need an estimated 1 officer to serve the project if both phases are built. Fire is estimated to need an additional staff person to serve Phase I,
which will also cover Phase II.
[2] The project is largely within the Lionshead URA. This revenue reverts to General Fund after URA expires in 2030.
Source: Economic & Planning Systems
H'. \2M12E —V.1 H..I Andyda \Morels \12- 29 {a, \[M812ti.d mWW2 -29 -2910 I— x9]ES -1
Economic & Planning Systems, Inc. 16
Ever Vail Fiscal Impact Analysis
January 13, 2011
3. Ever Vail is estimated to require additional staff for Police and Fire under the High
and Low Scenarios.
Police and Fire service demands were estimated by a comparative analysis of call volumes in
Lionshead Village completed by EPS and Town staff. At full buildout of both phases, Police is
forecasted to need one additional patrol officer at an annual cost of $77,150 plus a one -time
training cost of $65,000. By themselves, neither phase triggers the need for an additional
police officer. Cumulatively, however, demand for services will require a new position.
Based on the forecasted call volume, the Fire Department will need an additional staff person
to serve Phase I at an annual cost of $76,600 plus a one -time training and equipment cost of
$7,800.
4. The largest impacts on Town services are to the Town's transit system.
LSC Transportation Consultants completed a study of the impacts of Ever Vail on the Town's
transit system. LSC estimated the need for three new buses at a cost of $600,000 each.
The annual operations cost is estimated at $111,300. EPS has allocated the impacts to
Phase I, as it generates the most visitor activity.
5. The project is largely within the Lionshead URA. Therefore, the majority of the
property tax generated by the project will flow to the URA rather than the General
Fund until 2030.
At full buildout, the General Fund portion of the property tax increment generated by the
project is approximately $360,000 per year. After the URA expires on December 31, 2029,
this revenue will revert back to the General Fund, increasing the net fiscal impact by the
same amount. The total property tax increment at buildout is approximately $3.5 million per
year, based on the structure of the URA which redirects non -Town revenue streams to the
URA. These funds can be used by the URA to fund eligible projects.
6. The Ever Vail development will generate substantial one -time revenues from
construction use tax and permit fees.
The construction use tax from Phase I is estimated at $9.3 million over the course of its
construction, contributing to the Town's Capital Fund. The construction of Phase II would
produce approximately $5.1 million in use tax. The total impact to the Real Estate Transfer
Tax (RETT) fund for Phase I is $4.7 million, including $4.3 million in RETT from initial
developer sales and $468,000 from the Recreation Impact Fee. Phase II would generate
$2.7 million in RETT from initial sales and approximately $315,000 from the impact fee for a
total of $3.0 million. The RETT fund is used for park, open space, and sustainability projects.
Permit and plan check fees are estimated at $3.1 million for Phase I and $1.7 million for
Phase II. Permit and plan check fees are one -time revenues that contribute to the cost of
development revue. Since they are one -time revenues during construction, they are not
counted in the annual fiscal impact to the General Fund which reflects the project at buildout
and stabilization.
Economic & Planning Systems, Inc. 17
Ever Vail Fiscal Impact Analysis
January 13, 2011
Existing Site Fiscal Conditions
How much revenue does the site generate currently?
The Ever Vail site has a variety of existing uses and structures on it, including the 20,000 square
foot Vail Professional building (largely office), the 11,000 square foot Cascade Crossing retail
building, a former gas station, the 11,000 square foot Glen Lyon Office Building, and the Vail
Resorts Maintenance Yards. The major existing revenues from the site are $61,900 including
$21,540 in retail sales tax to the General Fund, $14,360 in sales tax to the Capital Fund, and
$26,000 in property tax.
Table 8
Current General Revenues from Ever Vail Site
Ever Vail Fiscal Impact Analysis
Revenue Existing
4.0% Retail Sales Tax — General Fund $21,540
4.0% Lodging Tax $0
Sales Tax — Capital Fund $14,360
Property Tax - General Fund (4.69 mills) $26,000
Total $61,900
Source: Town of Vail Finance Department: Economic & Planning Systems
H: \20812EV Vail Fs IAnalps MaieS1278124i dmWie112- 2&2010.1S]ES -2 B4AI
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Ever Vail Fiscal Impact Analysis
January 13, 2011
General Fund Impacts
What are the major revenue sources that will impact the General Fund? What are the
significant expenditures that will occur?
Ongoing Revenues
The largest sources of ongoing General Fund revenues are the 4.0 percent retail sales tax and
the 4.0 percent lodging sales tax. The retail sales tax is generated through net new lodging
visitor expenditures in Vail retail and food and beverage establishments. The 4.0 percent lodging
sales tax is generated through the sale of net new room nights (and is distinct from the 1.4
percent lodging tax dedicated to marketing).
Under both scenarios, lodging sales tax is the largest source of revenue from the project and is
estimated to be $915,000 per year for the high scenario after buildout of Phase I and Phase II,
as shown in Table 9. For the low scenario, this figure is estimated to be $719,000 as shown in
Table 10. The cumulative retail sales tax from buildout of both Phases ranges from $250,000 to
$372,000. Note that the general fund would not receive any property tax until 2030 (when the
URA will sunset) because the project is largely within the Lionshead Urban Renewal Area, which
collects the tax increment from new development, as will be discussed below.
It should be noted that the revenue from lift tax is modest, at $47,000 annually in the High
Scenario. Lift tax revenue shown is calculated from the estimated new skiers (and net new
revenue) generated by Ever Vail Lodging. If these skier estimates are included with day visitors
using the Ever Vail parking structure as well as Ever Vail guests that are not new to Vail, the
total skier generation is approximately 7 percent of total annual skiers. This estimate is
consistent with internal Vail Resorts estimates that the portal will accommodate approximately
10 percent of total annual volume.
Ongoing Expenses
The largest expenses to be generated by the Ever Vail project are expected to be in the Public
Works, Transportation, Facility Maintenance, Police, and Fire Departments.
Public Works
Under Public Works, the maintenance of new landscaped medians, a new roundabout, and a
wider road cross section is estimated to cost $149,000 per year. This includes snow removal,
seasonal planting and maintenance, and seasonal holiday decorations consistent with what the
Town provides at other major entry ways and intersections.
Transit and Transportation
LSC Transportation Consultants completed a study of the impacts of Ever Vail on the Town's
transit system. LSC estimated the need for three new buses at a cost of $600,000 each. The
annual operations cost is estimated at $111,300. EPS has allocated the impacts to Phase I, as it
generates the most visitor activity.
Economic & Planning Systems, Inc. 19
Ever Vail Fiscal Impact Analysis
January 13, 2011
The new bus route is estimated to cost $111,300 per year to operate. Annual facility
maintenance (wear and tear on public spaces and public facilities) is estimated to increase by
$73,800 from the new visitor population generated by Ever Vail.
Police and Fire
There are also impacts to Police and Fire. The Police Department is projected to need an
additional entry -level code enforcement officer after the construction of Phase I and Phase II, at
a cost of $77,150 per year. The Fire Department would require a new crew member after the
construction of Phase I at a cost of $76,600 per year. One -time training and equipment costs for
new hires are not included in these figures but are included in capital expenditures below.
Table 9
High Scenario - General Fund Revenues and Expenses
Ever Vail Fiscal Impact Analysis
By Phase Cumulative
Description Phase I Phase II Phase I Phase II
Revenue
Local Taxes:
4.0% Retail Sales Tax [1] $273,000 $100,000 $273,000 $372,000
4.0% Lodging Sales Tax $627,000 $288,000 $627,000 $915,000
Ski Lift Tax $37,100 $9,900 $37,100 $47,000
Intergovernmental Revenue
County Sales Tax $18,000 $6,000 $18,000 $25,000
County Road and Bridge Prop. Tax $0 $0 $0 $0
Cigarette Tax $1,800 $900 $1,800 $2,600
Charges for Services
Fines and Forfeitures $7,500 $3,700 $7,500 $11,200
Other Charges, Services, and Sales $7,100 $3,600 $7,100 $10,700
Total Revenue $971,500 $412,100 $971,500 $1,383,500
Expenses
Municipal Services:
Administrative $33,600 $16,800 $33,600 $50,300
Community Development $33,100 $16,500 $33,100 $49,700
Public Safety
Police $0 $0 $0 $77,150
Fire $76,600 $0 $76,600 $76,600
Public Works and Transportation
Right -of -Way and Landscaping $149,000 $149,000 $149,000 $149,000
Transportation Operations [2] $111,300 $0 $111,300 $111,300
Facility Maintenance $49,200 $24,600 $49,200 $73,800
Total Expenses $452,800 $206,900 $452,800 $587,850
Net Fiscal Impact $518,700 $205,200 $518,700 $795,650
[1] See attached sales tax and retail sales model.
[2] LSC Transportation Consultants July 23, 2010 Memorandum.
Source: Economic & Planning Systems
H: \263'12 Eva Vail Fiscal A nalyssW ode is \127812Asc2 m�el.x IsP- Gweral_Fund_Expwses
Economic & Planning Systems, Inc. 20
Ever Vail Fiscal Impact Analysis
January 13, 2011
Table 10
Low Scenario - General Fund Revenues and Expenses
Ever Vail Fiscal Impact Analysis
By Phase Cumulative
Description Phase I Phase II Phase I Phase II
Revenue
Local Taxes:
4.0% Retail Sales Tax [1] $182,000 $68,000 $182,000 $250,000
4.0% Lodging Sales Tax $504,000 $215,000 $504,000 $719,000
Ski Lift Tax $23,000 $4,200 $23,000 $27,200
Intergovernmental Revenue
County Sales Tax $13,000 $4,000 $13,000 $17,000
County Road and Bridge Prop. Tax $0 $0 $0 $0
Cigarette Tax $1,500 $700 $1,500 $2,200
Charges for Services
Fines and Forfeitures $6,400 $3,200 $6,400 $9,500
Other Charges, Services, and Sales $6,100 $3,000 $6,100 $9,100
Total Revenue $736,000 $298,100 $736,000 $1,034,000
Expenses
Municipal Services:
Administrative $28,600 $14,200 $28,600 $42,800
Community Development $28,200 $14,000 $28,200 $42,200
Public Safety
Police $0 $0 $0 $77,150
Fire $76,600 $0 $76,600 $76,600
Public Works and Transportation
Right -of -Way and Landscaping $149,000 $149,000 $149,000 $149,000
Transportation Operations [2] $111,300 $0 $111,300 $111,300
Facility Maintenance $41,900 $20,800 $41,900 $62,700
Total Expenses $435,600 $198,000 $435,600 $561,750
Net Fiscal Impact $300,400 $100,100 $300,400 $472,250
[1] See attached sales tax and retail sales model.
[2] LSC Transportation Consultants July 23, 2010 Memorandum.
Source: Economic & Planning Systems
H'. \20812 E -V. ,A- y - M12 a-V x %3G E,, Fu id Ex., s
Economic & Planning Systems, Inc. 21
Ever Vail Fiscal Impact Analysis
January 13, 2011
Net Fiscal Impact to the General Fund
What is the "bottom line" impact to the General Fund? How does it change if the
project is built in phases?
At full buildout, the Ever Vail project is estimated to generate a positive fiscal impact to the
Town. After accounting for high and low occupancy assumptions, the fiscal impact to the
General Fund is estimated at $472,000 to $796,000 annually at full project buildout and
stabilization.
The higher range of estimated fiscal impacts reflects what EPS believes are reasonable
assumptions for the performance of a high quality, well - performing base area resort project with
direct lift access. It also presumes that VRDC will actively market the project to fill hotel beds,
attract groups during the off - season, and encourage owners to participate in a rental program.
The lower fiscal impact estimate represents more "average" performance for Vail properties, with
no special marketing or management strategies designed to maximize "hot beds." The project's
actual performance will likely lie somewhere between the low and high estimates. The results of
the fiscal impact analysis are summarized in Tables 6 and 7 and Tables 9 and 10 for the High
and Low Scenarios, respectively.
Impacts by Phase
The fiscal impacts of both phases of the project are positive. Phase I (east) generates a larger
benefit to the Town than Phase II (west) due to higher guest expenditure levels generated by the
102 hotel rooms, 76 branded residences, and 158 condominium units.
The hotel is a key economic driver estimated to generate about 25 percent of the visitors and
spending from the project under the High Scenario. The branded residences are modeled as
performing similarly to the hotel and account for approximately 17 percent of total visitors and
expenditures. As noted previously, Phase II does not include hotel rooms or branded residences.
Retail sales and sales tax are derived from visitor spending, and Phase I generates more
spending that Phase II. The annual net fiscal impact to the General Fund of Phase I by itself is
estimated at $300,400 to $519,000. Phase II by itself has a fiscal impact of $100,100 to
$205,200 per year.
General Fund Sales Tax Calculations
How is sales tax accounted for — is it generated from retail space or visitor
expenditures?
Sales tax is calculated from the spending by guests staying in Ever Vail lodging, and residents
and second home owners living in the project. Guests spend money in Vail businesses,
generating sales tax revenue to the Town. Guest spending is calculated from estimates of "net
new" visitors discussed previously, rather than counting all guest expenditures as generating
sales tax.
As will be discussed under the Retail Impacts chapter, 90% of guest spending is estimated to
occur in Vail. This results in $16.4 million in new sales in the Town after the buildout of both
phases, as shown in Table 11. The remaining 10% of guest spending, or $1.7 million, is
estimated to be "leakage" to other Vail Valley communities. Total new guest spending including
Economic & Planning Systems, Inc. 22
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 1, 2011
ITEM /TOPIC: Resolution No. 5, Series of 2011, a Resolution authorizing the Town Manager
to enter into an agreement with the Vail Village Inn Homeowners Association to fund up to
$25,000 of the cost to complete below -grade tunnel improvements necessary to fully
implement a dispersed loading and delivery system in the East Meadow Drive neighborhood of
Vail Village; and setting forth details in regard thereto
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny
Resolution No. 5, Series of 2011.
BACKGROUND: On January 18, 2011, the Vail Town Council instructed staff (6 -1 Clevelend
opposed) to prepare a resolution authorizing the Town manager to enter into an agreement
with the Vail Vlllage Inn Homeowners Association to fund up to $25,000 of the cost to
complete below -grade tunnel improvements necessary to fully implement a dispersed loading
and delivery system in the East Meadow Drive neighborhood of Vail Village. Funding of these
improvements closes the gap in the financial needs of the project and furthers the Town's
goals of creating a pedestrianized mall in Vail Vlllage.
STAFF RECOMMENDATION: The completion of the loading and delivery system addresses
a number of Town goals and objectives. For instance, a long term solution to an ongoing need
for loading and delivery in the East Meadow Drive neighborhood is addressed; the business,
resident and guest experience in Vail Village is enhanced; vehicle noise and congestion along
East Meadow Drive is reduced and public safety is improved; and the community benefits from
the completion of the improvements. For these reasons, staff recommends the Vail Town
Council adopts Resolution No.S, Series of 2011, as read.
ATTACHMENTS:
Resolution No. 5, Series of 2011
2/1/2011
RESOLUTION NO. 5
Series of 2011
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT
WITH THE VAIL VILLAGE INN HOMEOWNERS ASSOCIATION TO FUND UP TO $25,000 OF
THE COST TO COMPLETE BELOW -GRADE TUNNEL IMPROVEMENTS NECESSARY TO
FULLY IMPLEMENT A DISPERSED LOADING AND DELIVERY SYSTEM IN THE EAST
MEADOW DRIVE NEIGHBORHOOD OF VAIL VILLAGE,; AND SETTING 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 Vail Town Council of the Town (the "Council ") have been
duly elected and qualified; and
WHEREAS, in 1978 the Council passed the Pedestrian Mall Act whereby the goal of
pedestrianizing the Vail Village was established; and
WHEREAS, the property owners within the Vail Village Inn Phase I & II Condominium
Association, Vail Village Inn Phase III Condominium Association, Vail Village Inn Phase V
Condominium, and Vail Village Inn Phase IV, Sebastian Hotel (the "VVI ") have asked the Town to
participate financially in the completion of a below -grade tunnel improvements (the
"Improvements "); and
WHEREAS, the VVI will fund approximately $75,000 of the $100,000 total estimated
construction cost of the Improvements; and
WHEREAS, the construction of the Improvements completes a physical connection critical
to the operation of a dispersed loading and delivery facility within the boundaries of the Vail Village
Inn Special Development District #6 (the "District "); and
WHEREAS, the Town and VVI wish to enter into a contractual agreement that outlines the
Town's financial participation; and
WHEREAS; the Town agrees to make a financial contribution of up to $25,000 to be used
exclusively for the construction of the Improvements; and
WHEREAS, the Improvements help to achieve the Town's goal of creating a pedestrianized
mall; and
WHEREAS; providing a location for loading and delivery in the East Meadow Drive
neighborhood furthers a compelling public interest of the Town by reducing noise, congestion, and
disturbance on East Meadow Drive and improves public safety; and
WHEREAS, the Council considers it in the best interest of the public health, safety and
welfare to participate financially in the completion of the Improvements in the District; and
WHEREAS, an approval of Resolution No. 5, Series of 2011, is required for the Town
Manager to enter into a contractual agreement with the VVI on behalf of the Town.
Resolution No. 5, Series of 2011
2/1/2011
6 -1 -1
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO THAT:
1. The Town Manager is hereby authorized to sign, on behalf of the Town, the Below -
Grade Tunnel Improvement Financial Contribution Agreement with VVI in an
amount up to $25,000 (twenty -five thousand dollars). The terms of the Agreement
shall include the following provisions:
• Payment from the Town shall be upon issuance of the building permit for the
Improvements. Acceptance of the payment shall obligate the completion of
the Improvements by VVI,
• The Agreement shall contain an indemnification provision holding the Town
harmless from any and all matters relating to the construction and
maintenance of the Improvements,
• The Town's participation in the Improvements shall be financial only as the
Town shall have no obligation in the construction or ongoing maintenance of
the Improvements, and
• The Agreement shall be in a form approved by the Town Attorney.
2. 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 1 5t day of February, 2011.
Dick Cleveland,
Mayor of the Town of Vail, Colorado
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 5, Series of 2011
2/1/2011
6 -1 -2
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 1, 2011
ITEM /TOPIC: First reading of Ordinance No. 3, Series of 2011, an ordinance repealing and
reenacting Chapter 7, Contractor, Registration, Title 4, Business License and Registration, Vail
Town Code, and setting forth details in regard thereto.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Review Ordinance No. 3, Series of 2011, on first
reading and approve, approve with modifications, or deny the ordinance.
BACKGROUND: The current process for contractor registration is subjective, outdated, time
consuming and costly to administer. The process has remained unchanged for more than 33
years. The process needs to be amended. Ordinance No. 3, Series of 2011, aims to solve the
problems associated with the current contractor registration process.
STAFF RECOMMENDATION: The proposed amendments create a contractor registration
process which is objective, eliminates waste, cost effective and relies upon current technology
to improve productivity and customer service. Town staff recommends the Town Council
approves Ordinance No. 3, Series of 2011, on first reading.
ATTACHMENTS:
Ordinance No. 3, Series of 2011
2/1/2011
ORDINANCE NO. 3
SERIES OF 2011
AN ORDINANCE REPEALING AND RE- ENACTING CHAPTER 7, CONTRACTOR,
REGISTRATION, TITLE 4, BUSINESS LICENSE AND REGISTRATION, VAIL TOWN CODE, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a
home rule Town duly existing under the Constitution and laws of the State of Colorado and its home
rule charter (the "Charter "),
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified,
WHEREAS, the provisions of Chapter 4 -7, Contractors, Registration, Vail Town Code, were
adopted in 1977 and last updated in 1978; more than 33 years ago,
WHEREAS, the Community Development Department is charged with administering the
provisions of the Chapter 4 -7, Contractors, Registration, Vail Town Code,
WHEREAS, the intent of these existing regulations is for the Building Official to evaluate
every contractor wanting to do construction work in the Town and only issue a contractor's license to
those persons who are " qualified by training or experience and is financially responsible to fulfill the
obligations of a contractor ",
WHEREAS, in practice, the Building Official does not administer a written test or otherwise
objectively evaluate a contractor's qualifications based upon training or experience,
WHEREAS, the current statutory process for registering contractors is outdated, time -
consuming and costly and has room for improvements,
WHEREAS, improvements to the process of registering contractors can be improved such
that the original intent of the regulations can be maintained and advanced yet the amount of time
and cost associated with the process to the contractor and Town can be reduced, and
WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and
welfare to adopt these amendments to the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1 . Chapter 7, Contractors, Registration, Business License and Registration, Vail
Town Code, is hereby repealed and re- enacted as follows:
4 -7 -1: DEFINITIONS:
For the purposes of this Chapter, the words and phrases contained in this Section
are defined as follows:
BOARD: The Board of Appeals as defined in the International Building Code, as
adopted by the Town.
BUILDING CODE: Includes the International Building Code, International Residential
Ordinance No. 3, Series of 2011 first reading 1
2/1/2011
7 -1 -1
Code, International Fire Code, International Mechanical Code, International
Plumbing Code, International Fuel Gas Code, International Energy Conservation
Code, International Performance Code, Uniform Code for the Abatement of
Dangerous Buildings, and the National Electrical Code, as adopted by the Town.
BUILDING OFFICIAL: The Building Official as defined in the Building Code, as
adopted by the Town, or his /her designee.
PERMIT: A permit, as prescribed in the Building Code and Town ordinances,
granting approval to do construction work in the Town.
CONSTRUCTION WORK: Activity including, but not limited to, new construction,
additions, repairs, alterations, installations, demolition, removal, conversions,
replacements, or renovations of any building or structure, or excavation that requires
a permit.
CONTRACTOR: Any person, firm, partnership, corporation, association, or other
organization who undertakes, or offers to undertake for another, construction work.
For the purposes of this Chapter, a contractor may be a general contractor, plumbing
contractor, electrical contractor, excavation contractor, fire protection contractor, or a
subcontractor.
PERSON: An individual, corporation, business, trust, estate, business trust,
partnership, or association, or any other legal entity.
REGISTRATION: Issued by the Town in accordance with the provisions of this
Chapter.
PUBLIC WAY PERMIT: Such permit as is prescribed by Title 8, Chapter 1 of this
Code.
TOWN: Town of Vail, Colorado.
4 -7 -2: CONTRACTOR REGISTRATION:
A. Registration Required: All contractors shall be registered under the terms and
provisions of this Chapter, prior to undertaking any construction work or contract
and /or applying for any type of permit required by applicable State statutes or Town
ordinances.
B. Exemption to Registration: Any person may make application for a building permit
to do such person's own construction work on any dwelling unit that such person
occupies whether owned by him /her or leased, without being registered when such
work is limited to minor alterations, maintenance, and decorating, providing such
work does not alter or affect the structural integrity of the building.
C. Registration is Not a License or Certification: The registration of a contractor by
the Town neither expresses nor implies any level of qualification, competency,
licensing, certification or other assessment of the contractor's ability to complete
contracted work.
4 -7 -3: ISSUANCE:
A. Forms: Registration forms shall be available at the Community Development
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Department office.
B. Registration Information: Registration information shall consist of the business
name, name of the principal party /business owner, current mailing address,
electronic mail address, and telephone number. Electrical and plumbing contractors
shall provide their current registration number with the State of Colorado Department
of Regulatory Agencies, Division of Registrations. Fire protection contractors shall
provide their Vail Fire and Emergency Services contractor registration number.
4 -7 -4: FEE SCHEDULE:
The registration fees applicable to the registrations enumerated in this Chapter shall
be as adopted by the Town Council annually and shall be set forth on the schedule
of fees maintained in the Community Development Department office.
4 -7 -5: PERIOD OF VALIDITY:
The registration of a contractor shall be valid for a maximum of three years and shall
expire on April 30 of the expiration year.
4 -7 -6: PROOF OF REGISTRATION
All contractors shall provide proof of registration upon request by the Building
Official.
4 -7 -7: INSURANCE
A. Insurance Required: All contractors shall maintain proof of insurance under the
terms and provisions of this Chapter while applying for a permit or undertaking
construction work.
B. Insurance Types and Amounts: Every contractor granted registration under the
provisions of this Chapter shall maintain the following minimum types and amounts
of insurance:
1. Employee liability.
2. Worker's compensation.
3. Public liability with the following limits:
a. Option 1: one million dollars ($1,000,000.00) in the aggregate, for
bodily injury and one million dollars ($1,000,000.00) in the aggregate,
for property damage.
b. Option 2: combined single limit of one million dollars ($1,000,000.00).
C. Excavation Contractors: Excavation contractors shall to have at least twenty five
thousand dollars ($25,000.00) worth of "XCU" (explosion, collapse, underground)
insurance in addition to the required general liability and worker's compensation
insurance.
4 -7 -8: PROOF OF INSURANCE:
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All contractors shall provide proof of insurance upon request by the Building Official.
4 -7 -9: CONTRACTOR RESPONSIBILITY:
A contractor shall be responsible for all construction work included in the permit or
undertaking whether or not such work is done by such person directly or by a
subcontractor.
4 -7 -10: VIOLATION AND PENALTY:
A. Violation: It is a violation of this Chapter for any person to violate any provision or
to fail to comply with any of the requirements of this Chapter and to commit any of
the following acts:
1. Applying for permits or undertaking construction work without a valid
registration when required.
2. Failure to provide proof of registration upon request by the Building
Official.
3. Fraudulent use of a registration to obtain permits for another person, firm,
or corporation.
4. Applying for permits or undertaking construction work not entitled under
one's respective registration.
5. Failure to obtain a permit for construction work when required.
6. Failure to obtain inspections for construction work when required.
7. Failure to maintain proof of insurance as required by this Chapter while
applying for permits or undertaking construction work.
8. Failure to provide proof of insurance upon request by the Building Official.
9. Failure to maintain construction site grounds and structures in a clean and
safe manner, or causing damage to property adjoining the construction site.
10. Any violation of Town ordinances or codes governing construction work.
B. Construction Work without a Valid Registration: If the Building Official determines
that a person has undertaken construction work without a valid registration as
required by this Chapter, said person must register as a contractor and shall pay a
fine in an amount equivalent to two times the adopted registration fee.
C. Revocation or Suspension of Registration; Nullification of Permits: If the Building
Official determines that a person has acted in violation of the provisions of this
Chapter the Building Official shall waive, for good cause shown, any penalty; issue a
warning; revoke or suspend the registration of said person for whatever time it
deems reasonable; and /or nullify any associated permits filed in degradation of this
Chapter.
D. Remedies Not Exclusive: In addition to the remedies expressly provided by this
chapter, the Town may pursue any other remedies available at law or in equity.
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E. Other Penalty: In addition to any other penalty provided in this chapter, any person
who violates any provision of this chapter shall be subject penalty as provided in
Section 1 -4 -1, General Penalty, of this Code.
4 -7 -11: APPEALS:
A. Appeal of Building Official Actions:
1. Authority: The Board of Appeals shall have the authority to hear and
decide appeals from any order, decision, determination or interpretation by
the Building Official with respect to the provisions of this Chapter.
2. Initiation: An appeal may be initiated by any resident, property owner, or
contractor adversely affected by any order, decision, determination or
interpretation by the Building Official with respect to the provisions this
Chapter. The Town Council may also call up a decision of the Building
Official by a majority vote of those town council members present.
3. Procedures: A written notice of appeal must be filed with the Community
Development Department within twenty (20) calendar days of Building
Official's decision. If the last day for filing an appeal falls on a Saturday,
Sunday, or a town observed holiday, the last day for filing an appeal shall be
extended to the next business day. In the event of an appeal, the Board of
Appeals, after receiving a report by the Building Official, may confirm,
reverse, or modify the action of the Building Official. Failure of the Board of
Appeals to act within forty (40) days of the filing of an appeal shall be
deemed concurrence in the action of the Building Official. The filing of such
notice of appeal will require the Building Official to forward to the Board of
Appeals at the next regularly scheduled meeting a summary of all records
concerning the subject matter of the appeal and to send written notice to the
appellant at least fifteen (15) calendar days prior to the hearing. A hearing
shall be scheduled to be heard before the Board of Appeals on the appeal
within forty (40) calendar days of the appeal being filed. The Board of
Appeals may grant a continuance to allow the parties additional time to
obtain information. The continuance shall be allowed for a period not to
exceed an additional thirty (30) calendar days. Failure to file such appeal
shall constitute a waiver of any rights under this chapter to appeal any order,
decision, determination or interpretation by the Building Official.
4. Findings: The Board of Appeals shall on all appeals make specific findings
of fact based directly on the particular evidence presented to it. These
findings of fact must support conclusions that the standards and conditions
imposed by the requirements of this Chapter have or have not been met.
B. Appeal of Board of Appeals Actions:
1. Authority: The Town Council shall have the authority to hear and decide
appeals from any order, decision, determination or interpretation by the
Board of Appeals with respect to the provisions of this Chapter.
2. Initiation: An appeal may be initiated by any resident, property owner, or
contractor adversely affected by any order, decision, determination or
interpretation by the Board of Appeals with respect to the provisions this
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Chapter. The Town Council may also call up a decision of the Board of
Appeals by a majority vote of those town council members present.
3. Procedures: A written notice of appeal must be filed with the Community
Development Department within twenty (20) calendar days of Board of
Appeals decision. If the last day for filing an appeal falls on a Saturday,
Sunday, or a town observed holiday, the last day for filing an appeal shall be
extended to the next business day. In the event of an appeal, the Council,
after receiving a report by the Board of Appeals, may confirm, reverse, or
modify the action of the Board of Appeals. Failure of the Council to act within
forty (40) days of the filing of an appeal shall be deemed concurrence in the
action of the Board of Appeals. The filing of such notice of appeal will
require the Board of Appeals to forward to the Town Council at the next
regularly scheduled meeting a summary of all records concerning the subject
matter of the appeal and to send written notice to the appellant at least
fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled
to be heard before the Town Council on the appeal within forty (40) calendar
days of the appeal being filed. The Town Council may grant a continuance to
allow the parties additional time to obtain information. The continuance shall
be allowed for a period not to exceed an additional thirty (30) calendar days.
Failure to file such appeal shall constitute a waiver of any rights under this
chapter to appeal any order, decision, determination or interpretation by the
Board of Appeals.
4. Findings: The Town Council shall on all appeals make specific findings of
fact based directly on the particular evidence presented to it. These findings
of fact must support conclusions that the standards and conditions imposed
by the requirements of this Chapter have or have not been met.
C. Appeal Of Town Council Actions: The final decision of the Town Council with
respect to any appeal pursuant to this chapter may be appealed to an appropriate
court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town
of Vail Municipal Court shall not have jurisdiction over such civil action.
SECTION 2. 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 Vail 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 3. The Vail 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. The Council's finding, determination and declaration is based upon the review
of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in
consideration of this ordinance.
SECTION 4. The amendment of any provision of the Town Code of Vail as provided 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.
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SECTION 5. 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 1S day of February, 2011 and a public hearing for second
reading of this Ordinance set for the 15 day of February, 2011, at 6:00 p.m. in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 1, 2011
ITEM /TOPIC: Lionshead Transit Welcome Center - Packages A (Pre -Cast Concrete), B
(Elevators), C (Mechanical Equipment) Contracts Award
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Award separate Contracts to the recommended
contractors for the Lionshead Transit Welcome Center Packages A, B, C.
BACKGROUND: The Town of Vail is in the process of completing Construction Documents
(CD's) for the Lionshead Transit Welcome Center ( LHTWC) Project that will replace the
existing Lionshead Auxiliary Building. The CD's, also known as the Lionhead Transit Welcome
Center Package D, will be complete and publically bid in February, with General Contractor
(GC) contract award on March 15th. In order to save 6 weeks in the 2011 construction
schedule, proposals for the LHTWC Packages A, B, C were publically solicited. The LHTWC
Packages A, B, C, were solicited for Pre -Cast Concrete (A), Elevators (B), and Mechanical
Equipment (C). These three packages are for long lead items that will significantly impact the
construction schedule if they were to be awarded in mid -March to a General Contractor, with
the LHTWC Package D construction documents. The purpose of this Council session is to
award three separate contracts for the LHTWC Packages A,B,C to the recommended
proposers. The contracts will be awarded to the recommended proposers with a Notice to
Proceed on the shop drawings portion of the contract only. By the time the shop drawings are
complete and approved in mid - March, Package D, the complete CD package, will have been
publically bid and awarded to the recommended General Contractor. At that time the
remaining fabrication and construction portion of the Package A, B, C contract will be assigned
to the General Contractor for coordination and assimilation into their construction schedule.By
awarding these three contracts the LHTWC project construction schedule can be shortened by
6 weeks allowing for an anticipated substantial completion in December of 2011.
STAFF RECOMMENDATION: Town Staff recommends directing the Town Manager to enter
into contracts and award for;
- Proposal Package A (Precast) to Stresscon for $710,610.00, with an initial Notice to Proceed
in the amount of $45,064.11;
- Proposal Package B (Elevators) to Otis for $116,300.00, with an initial Notice to Proceed in
the amount of $8,720.00;
and not awarding Proposal Package C (Mechanical Equipment) at this time.
ATTACHMENTS:
LH Transit Welcome Center Contract Award Memo 020111
2/1/2011
r
MEMORANDUM
TO: Town Council
FROM: Tom Kassmel, Public Works Department
DATE: February 1, 2011
SUBJECT: Lionshead Transit Welcome Center — Contract Award for Proposal Packages A, B, C.
I. SUMMARY
The Town of Vail is in the process of completing Construction Documents (CDs) for the Lionshead
Transit Welcome Center ( LHTWC) Project that will replace the existing Lionshead Auxiliary Building.
The CDs, also known as the Lionhead Transit Welcome Center Bid Package D (Building and Sitework
Construction Documents), will be complete in February, with publically received and opened bids on
March 8 and General Contractor (GC) contract award on March 15
.
In order to save approximately six (6) weeks in the 2011 construction schedule, proposals for the
LHTWC Packages A (Precast Structure), B (Elevators), C (Mechanical Equipment) were publically
advertised and solicited, and proposals were received on 25 JAN 2011. These three (3) packages are
for "long lead" procurement items that also require a significant amount of "shop drawing" preparation,
pre- manufacturing preparation and other pre- construction activities.
The "long lead" items had the potential of significantly impacting the construction schedule if they were
not awarded until mid -March by the selected General Contractor for the LHTWC Package D (Building
and Sitework Construction Documents).
The purpose of this request to Council at this session is to award three separate contracts for "shop
drawing" preparation and other pre- manufacturing preparation activities for the LHTWC Packages A, B,
C to the recommended proposers. This will allow approximately six (6) weeks of work by these
subcontractors to be completed while the General Contractor candidates are bidding the LHTWC
Package D (Building and Sitework Construction Documents), thereby substantially lowering the
schedule risk of the project to the Town of Vail.
Approval by Council now will also allow notice of the identity of the selected proposers for these early
Bid Packages to be included in the Instructions to Bidders for LHTWC Package D (Building and
Sitework Construction Documents) to be released on 07 FEB 2011. The candidates for the final bid
package will then be able to coordinate their bids with the scopes of work already awarded, leading to
complete and seamless quotations for LHTWC Package D (Building and Sitework Construction
Documents).
Bidders on the final Bid Package D will be instructed that the successful candidate for that final
package will be assigned Bid Packages A, B, and C by the Town of Vail prior to construction, and the
management, coordination and risk for all manufacturing, material, labor and installation of all work
contained therein.
When the Town of Vail issues a Notice to Proceed for LHTWC Package D (Building and Sitework
Construction Documents), after it has been publically bid, approved by Council, and awarded to the
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recommended General Contractor, the remaining fabrication and construction portion of the Package A,
B, C will commence under a single contract to the selected General Contractor for coordination and
assimilation into their construction schedule.
Awarding contracts for Bid Packages A, B, C now will allow the construction of the LHTWC project to
be expedited, with the following anticipated milestones:
• Start of Construction April 25 t h, 2011
• Completion of Pre -Cast Erection June 30 2011
(prior to July 4th)
• Completion of Elevator installation September 30 2011
(well before lifts open)
The above milestones for Packages A and B will provide the opportunity for the GC to complete Pre -
Cast Erection, a highly impactful process to East Lionshead Circle, prior to the Summer Season;
provide the opportunity to have the elevators fully operational prior to opening of ski season in
November of 2011; and overall provide the best opportunity to have the entire project substantially
complete by mid December 2011.
Delaying the award of the above contracts to mid -March with Package D and the GC contract award,
will undoubtedly push the erection of the Pre -Cast Structure into July and August, thus creating the bulk
of disruption during a key season; most likely delaying substantial completion of the entire project until
mid - winter 2012; and potentially delaying the operation of the elevators until after the start of ski
season.
The Town received a total of seven (7) proposals for Packages A, B, C. Two (2) each from the most
qualified firms for both Package A (Precast Structure) and Package B (Elevator) Packages were
received, and three (3) for Package C (Mechanical Equipment) were submitted.
All proposers on both Bid Packages A (Precast) and B (Elevators), in a competitive environment,
confirmed the projections of the "long lead" schedule, impact on the overall project, and the wisdom
awarding now to start procurement.
The respondents to Bid Package C (Mechanical Equipment) indicated their procurement schedule was
well within what could be absorbed within the schedule requirements of a standard process (without
pre - purchasing these items).
The following is a summary breakdown of the responsive proposals:
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Preconstruction &
Proposer Base Proposal "Shop" Drawings Only Comments
With Alternates (included wBase
Proposal
Package A — Pre Cast Concrete
Stresscon $ 710,610.00 $ 45,064.11 Award Recommended
Rock Mountain Prestress $ 987,853.00 $ 125,000.00
Package B — Elevators
Otis Elevators $ 116,300.00 $ 8,720.00 Award Recommended
Thyssen Krupp $ 153,558.00 $ Not Provided
Package C — Mechanical
R &H Mechanical $ 63,400.00 $ 0.00 Based on better than
TM Sales $ 101,655.69 $ 0.00 expected schedule
turnarounds, no award
Design Mechanical $ 806,941.00 $ 0.00 requested.
Total Authorization No manufacturing,
Requested this Session 54,324.11 shipping or installation
will be authorized now
Please note the following about the above proposal analysis:
1. All awards recommended above are under the Town of Vail's budget for the scope of work shown.
2. The alternates referenced are for Performance & Payment Bond, and meeting the schedule
requirements.
3. All proposers will be contractually required to hold their prices during preconstruction services and
assignment to the selected General Contractor.
4. The above proposals for Bid Packages A (Precast) & B (Elevator) are equal comparisons.
5. Package C was interpreted differently among the three proposers, as evident in the proposal costs:
A. Design Mechanical Inc. stated they determined the best proposal would be to propose on the
entire mechanical package based on the provided drawings instead of proposing just on
furnishing the boiler as requested.
B. TM Sales proposed furnishing the boiler plus additional appurtenances; and
C. R &H proposed furnishing the boiler only, as requested in the RFP.
D. After thoroughly evaluating each proposal and studying the preconstruction & pre- manufacturing
durations, the team decided the "pre-purchase" of this scope is not required, and no award is
requested.
Progress of the project since the kick -off in May 2009 has been tracked on the Town of Vail website at
http:/ /www.vailgov.com /transitcenter. All formal documentation, memos and presentations are
available there for your review.
II. STAFF RECOMMENDATIONS
Town Staff recommends directing the Town Manager to enter into contracts and award for;
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• Proposal Package A (Precast) to Stresscon for $710,610.00, with an initial Notice to Proceed in
the amount of $45,064.11;
• Proposal Package B (Elevators) to Otis for $116,300.00, with an initial Notice to Proceed in the
amount of $8,720.00;
and not awarding Proposal Package C (Mechanical Equipment) at this time.
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