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2013-10-01 Agenda and Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., OCTOBER 1, 2013 TOWN OF VAIL' NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM /TOPIC: Recognition of Town Manager Stan Zemler's 10 year anniversary September 22, 2013 (5 min. ) PRESENTER(S): Andy Daly 2. ITEM /TOPIC: Citizen Participation: (15 min.) 3. ITEM /TOPIC: Consent Agenda: 1) Approval of September 3 and September 17 Town Council Meeting Minutes 2) Appointment of Regular Municpal Election Judges; 3) Resolution No. 11, Series of 2013 - ERWSD Easements; 4) Resolution No. 12, Series of 2013 -TOV approval of 2014 VLMD Budget; 5) Ordinance No. 14, Series of 2013- Tabled to OctdDer 15 Town Council Meeting (5 min. ) 4. ITEM /TOPIC: Town Managers Report: (5 min. ) PRESENTER(S): Stan Zemler 5. ITEM /TOPIC: First reading of Ordinance No. 15, Series 2013, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2014 through December 31, 2014 (60 min.) PRESENTER(S): Stan Zemler, Judy Camp, Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 15, Series 2013 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 15, Series 2013 6. ITEM /TOPIC: First Reading of Ordinance No. 1, Series of 2013, An Ordinance Adding A New Section 2 -1 -4 to the Vail Twn Code, To Ensure Adequate Funding for the Town's Long -Range Capital Program (30 min.) PRESENTER(S): Matt Mire & Judy Camp ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2013, on first reading. 10/1/2013 BACKGROUND: On November 6, 2012, the registered electors of the Town of Vail voted to amend Section 9.4 of the Vail Town Charter, relating to the Town's long -range capital program. Section 9.4 of the Vail Town Charter now requires that each annual budget include a long -range capital program as established by ordinance of the Town Council. To ensure adequate funding for the Town's long -range capital program,the Council determines that certain aspects of the former Section 9.4 of the Vail Town Charter should be adopted by ordinance. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2013, on first reading. 7. ITEM /TOPIC: Adjournment (8:00 p.m.) 10/1/2013 rowH Of vnKK i i1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 1, 2013 ITEM /TOPIC: Recognition of Town Manager Stan Zemler's 10 year anniversary September 22, 2013 PRESENTER(S): Andy Daly 10/1/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 1, 2013 ITEM /TOPIC: Citizen Participation: 10/1/2013 rowH Of vnKK i i1 rowx of vn' ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 1, 2013 ITEM /TOPIC: Consent Agenda: 1) Approval of September 3 and September 17 Town Council Meeting Minutes 2) Appointment of Regular Municpal Election Judges; 3) Resolution No. 11, Series of 2013 - ERWSD Easements; 4) Resolution No. 12, Series of 2013 - TOV approvalof 2014 VLMD Budget; 5) Ordinance No. 14, Series of 2013- Tabled to Octdber 15 Town Council Meeting ATTACHMENTS: September 3 Town Council Meeting Minutes September 17 Town Council Meeting Minutes Election Judges appointment letter Resolution No. 11 Series of 2013 Resolution No. 12, Series of 2013 VLMD Budget Ordinance No. 14 Series of 2013 10/1/2013 Vail Town Council Meeting Minutes Tuesday, September 3, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kerry Donovan Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk The first item on the agenda was Citizen Participation. Michael Cacioppo stated to Council he did a survey and asked 127 people if a person must stop at a DUI checkpoint and only 4 knew they did not have to. Cacioppo went on to say the Town of Vail Police Chief, Dwight Henninger, confirmed people do not need to stop a the checkpoints and wave their Fourth Amendment rights. There was no further public comment. The second item on the agenda was the Consent Agenda. 1) On the approval of the August 6 meeting minutes, Moffet moved, with a second from Kurz, to approve the minutes. A vote was taken and the motion passed unanimously, 6 -0 -1. Rogers abstained. On the August 20 meeting minutes, Moffet moved, with a second from Donovan, to approve the minutes. A vote was taken and the motion passed 7 -0. 2) Award for bid for North Frontage Road Parking Improvements. Chad Salli, public works engineer, stated the Town of Vail and Colorado Department of Transportation (CDOT) entered into an Intergovernmental Agreement regarding the use of the Frontage Roads for overflow parking in 2011. The installation of the curb /gutter and sidewalks on the south side of the North Frontage Road across from the Holiday Inn to City Market is part of the safety improvements that are required to be completed in 2013. Though the agreement with CDOT does Town Council Meeting Minutes of September 3, 2013 10/1/2013 Page 1 not require street lights, there are two bids: a base bid for the curb /gutter and sidewalks and an alternate 1 bid for street lighting. Moffet made a motion, with a second from Donovan, to authorize the Town Manager to enter into an agreement with Elam Construction in the amount of $435,096.65, thus accepting the original bid without lighting. A vote was taken and the motion passed 7 -0. The third item on the agenda was the Town Manager Report. There was none. The fourth item on the agenda was the Vail Golf Club hole #18 remodel contract award. Greg Hall, Public Works Director, presented three bids for the relocation and realignment of the 18th hole at the Vail Golf Club. The work to be performed includes grading and excavation, plus installation of a retaining wall, cart path, irrigation work and landscaping. Hall is recommending the Town enter into an agreement with Land Links, LLC from Janesville, WI, in the amount of $500,295.25. Land Links has worked across the country on golf courses. Daly asked for any public comment. Ken Wilson, Jeff Wiles and Billy Saurez, three Vail Recreation and Parks District (VRD) board members, requested Council not to move forward with moving the 18th hole at this time. Wilson stated there are three reasons to not move forward at this time. The first reason is timing. Wilson stated if you move forward with construction now, the 18th hole will not be completed until after next summer. The second reason is financial. Wilson said citizens are not agreeing with the moving of the 18th hole and if the golf course is not ready by June, and this will have a negative impact on the VRD finances. The third reason is timing again. This should be handled at the same time as the construction of the clubhouse. Wilson said the VRD feels there is a better time to do this project with minimal impact to the players. Wilson went on to say that the VRD acknowledges the safety issues but would like to put in place some temporary measures. Herman Staufer, a Vail resident and business owner, requested Council not to award the bid tonight and to wait until the lawsuit is completed. Kaye Ferry, a Vail resident, stated the VRD board members opinion should be considered and given much more weight in Council's decision tonight. Joe Staufer, a Vail resident and business owner, said he was not a golfer, but the golfers he has spoken to have concerns that moving the 18th hole will diminish the quality of the golf course. Staufer recommended keeping the quality of the golf course where it is, which would be good for Vail and good for businesses. Michael Cacioppo asked Council if they have the ability to make a decision tonight to move forward. Town Council Meeting Minutes of September 3, 2013 Page 2 10/1/2013 Donovan stated the construction start date is September 16 through November 15 and landscaping will begin in the spring to lay the sod in time for peak season of June 27tH Wilson said it was not a construction issue, but more weather dependent. The VRD figured it would be August until the sod would take root and a contractor cannot guarantee weather conditions. Daly asked Wilson to elaborate about the mitigation or temporary fixes that could be taken to improve the public safety from errant balls. Wilson stated the VRD supports the clubhouse but does not support going forward by September 16th The VRD majority supports waiting to award the bid tonight allowing time to research and do both projects as a package. Tjossem stated there have been three options presented to Council concerning safety from errant balls, but VRD thinks there is a fourth option. The issue Council has in front of the town is a safety issue and you are asking for a temporary solution. Would the VRD pay for the temporary solution. Wilson stated he had not spoken with the entire VRD board and had not done any research on solutions. Daly said the end solution is moving the hole. Wilson agreed. Moffet asked if the VRD board has talked with their insurance carrier to ask if they will indemnify the town regarding the safety concerns. Wilson said no. Kurz made a motion, with a second from Rogers, to authorize the town manager to enter into a contract for $408,023.11 with Land Links. Tjossem stated she was torn on the decision due to the VRD asking Council to hold off. Kurz said the town has a final solution and he does not feel moving the 18th hole will diminish the character of the course. Kurz felt the town should move forward. Moffet said he appreciates the VRD's efforts to find other solutions, but he feels the town does not have a choice in the matter given the potential for a lawsuit. This is the straight up responsibility of the town. Foley feels the golf course will take a big financial hit and he cannot support the motion at this time. Donovan said the Council unanimously made this decision in 2012 and no new solutions have risen. The town is being told we have to do something because there are significant safety issues and this cannot be pushed further down the road. Daly agreed with Donovan and went onto say this is not a good position to be in but the town has an obligation for safety of our citizens and guests. Town Council Meeting Minutes of September 3, 2013 10/1/2013 Page 3 Council voted on the motion and it passed 5 -2 (Tjossem and Foley opposed). The fifth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's (PEC) denial of a request for amendments to a conditional use permit for a "public and private parks and active outdoor recreation areas, facilities and uses ", pursuant to Section 12- 16-10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at the Ford Park Gerald R. Ford Amphitheater including a public plaza and box office remodel, located at 540 South Frontage Road East/Unplatted, and setting forth details in regard there to. (PEC 130024). Community Development Planner, Warren Campbell presented the appeal to the Council by stating that the Community Development Department has determined that the appellant, the Vail Valley Foundation (the applicant) as aggrieved or adversely affected persons. Campbell stated staff's determination was based on the following considerations: 1.) The uses proposed by the applicant are consistent with the purposes of the zone district and achieve the development objectives of the Town. 2.) The 2012 Ford Park Management Plan is the current and most relevant master plan for Ford Park. 3.) The proposed improvements are consistent with the recommendations outlined for said improvements in the 2012 Ford Park Management Plan Update. 4. The applicant, upon presentation of the proposed improvements to the Vail Town Council, was granted permission to proceed through the Town's development review process. Permission was granted with full understanding that said application was to be reviewed based upon the recommendations of the 2012 Ford Park Management Plan and that the Town was in the process of adopting a 2013 Gerald R. Ford Park Master Plan. Campbell stated an Appeals Form was filed on behalf of the appellant by Zehren & Associates and that the Community Development Department had determined the Appeals Form and the materials required for its submission to be complete. Campbell said a copy of the Public Notice of the Vail Town Council, September 3, 2013, Public Hearing was sent to adjacent property owners, pursuant to Section 12- 3- 3(C)(3), Procedures, Vail Town Code. Campbell confirmed notice was given in a timely manner. Moffet asked if Council overturned the PEC's decision would this then be the final decision and Campbell said yes that by the PEC denying the application they waived their opportunity to modify the plans. Donovan asked if there was a PEC site visit scheduled and Campbell responded there was a visit scheduled but the board members felt they had enough information presented and chose not to go on the visit. Jack Hunn representing Zehren and Associates and the applicant stated there was a crane placed in front of the amphitheater to demonstrate the height of the proposed lobby and social court yard. Hunn said the applicant took photos the day of the scheduled site visit, showing that a person cannot see the canopy from most Ford Park locations to help demonstrate the bulk and mass of the canopy, but they were unable to provide them to the board. Town Council Meeting Minutes of September 3, 2013 10/1/2013 Page 4 Hunn stated the PEC was uncomfortable approving the project without having a Ford Park Master Plan in place even though Council made it clear the redevelopment could move forward without a 2013 master plan. Hunn said some members had constructive suggestions, but for the most part, they seemed to be unwilling to do their job. Daly asked for public comment. There was none. Daly then asked for Council comment. Tjossem stated that after reading the minutes of that meeting, it seems the PEC members were having discussions that did not pertain to the item in front of them, straying off topic and not focused. Daly asked if the VVF has an operation plan for the social court yard. Ceil Folz, VVF President, stated there would be a shift in the operation of the lobby and restrooms. Folz thought the gates to the lobby will be open all the time and restrooms will be available while staff is onsite. Daly requested an operation plan to be presented to Council as a condition of the approval. Rogers expressed concern on how the PEC is handling issues and performing their duties on the board. Rogers stated there was no question there was a master plan in place and they should have used that plan to measure this project. Rogers said most of the comments she read in the PEC minutes were basically "I don't like it" which is not their job. Their job is to use the master plan for the construction of the project and the job of the DRIB to make decisions regarding the look of the project. Foley made a motion to overturn the decision of the Planning and Environmental Commission of August 12, 2013, which denied a motion for approval (2 -4), for a development application for amendments to a conditional use permit for a "public and private parks and active outdoor recreation areas, facilities and uses ", pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at the Ford Park Gerald R. Ford Amphitheater including a public plaza and box office remodel, located at 540 South Frontage Road East/ Unplatted, and setting forth details in regard thereto. Rogers seconded. Moffet said he was not comfortable the PEC board decided not to go on the site visit and frustrated they didn't do their job. Moffet asked Council member Foley to amend his motion to include staff's recommendation for findings of facts based on the evidence and testimony presented. Foley amended his motion to include the following findings of facts: • The Gerald R. Ford Park Amphitheater is located at 540 South Frontage Road East in Vail, Colorado, and zoned General Use (GU) according to the Official Zoning Map of the Town of Vail. • An amphitheater is an existing conditional use in the General Use zone district. • A public plaza (lobby) is an accessory use to an amphitheater and customary, incidental and necessary to the operation thereof. Town Council Meeting Minutes of September 3, 2013 10/1/2013 Page 5 • A public plaza (lobby) is therefore allowed in the General Use zone district, subject to the issuance of an amendment to an existing conditional use permit. • The 2012 Ford Park Management Plan Update was duly adopted by the Vail Town Council and is the current and most relevant master plan for Ford Park. • The 2012 Ford Park Management Plan Update provides recommendations for a public plaza or social courtyard to be constructed at the entrance to the existing amphitheater. Recommendations for consideration include a roof over a portion of the public plaza, preservation and protection of existing landscaping and the potential impact of the roof covering on the viewshed in and around the amphitheater. • The proposed improvements are consistent with the recommendations outlined for said improvements in the 2012 Ford Park Management Plan Update. (see pages 2 & 3, Section II, Background, of the Staff Memorandum to the PEC, dated August 12, 2013) • To further ensure compliance with the master plan recommendations, the applicant had revised the proposal to include a reduction in the height, size, scale and orientation of the roof covering; amended the landscape plan to reduce the impact on existing mature landscape vegetation and increase the number of trees to be transplanted or left untouched by the proposed construction; submitted a comprehensive view shed analysis to depict the impacts to existing view sheds in and around the amphitheater; and redesigned the roof covering to ensure that the new public plaza did not dominate the area in front of the amphitheater. • To date, the potential recommendations anticipated by the Draft 2013 Gerald R. Ford Park Master Plan do not propose any substantive changes or amendments to the area directly affected by the public plaza development application. Tjossem seconded the amended motion. The motion passed 7 -0. The sixth item on the agenda was a request for permission to proceed through the development review process regarding the installation of a Beaver Deceiver flow control device at 3090 Booth Creek Drive, in East Vail on Town stream tract property adjacent to Gore Creek. *Daly recused himself from the meeting and requested Kurz to finish the meeting as Mayor Pro Tem. Travis Coggin, Triumph Mountain Properties, spoke on behalf of property owner Art Reimers, and stated that Mr. Reimers' home is adjacent to Gore Creek on a section of the creek that is just below a beaver dam and last fall a beaver built a dam that caused the area to flood and subsequently flooded his client's back yard. Coggin stated the beaver deceiver is a low profile multi year solution. Rogers asked what the property owner did last year and Coggin stated the property owner worked with town staff and was given permission to remove the dam. Town Council Meeting Minutes of September 3, 2013 10/1/2013 Page 6 Kristen Bertuglia, Town of Vail environmental sustainability coordinator, said there are better solutions then what is currently being proposed. Bertuglia questioned what happens to the beaver's food storage and the reproduction of the beavers. Pam Brandmeyer, Assistant Town Manager, stated the homeowner did talk with town staff last year, but before staff could find a safe solution for the beaver dam, the homeowner removed the dam without town permission. Donovan stated she could not support this request due to just what the application says regarding the PVC pipe, anchors and trenching in Gore Creek. Donovan felt it contradicts what the town has been enforcing along the stream tract. Moffet agreed with Donovan and thought this could be an opportunity to find safe solutions for the future. Moffet moved to approve the applicant's request to assemble a beaver deceiver flow device at 3090 Booth Creek Drive. The motion failed for the lack of a second. Rogers moved to deny the applicant's request to install a beaver deceiver flow device at 3090 Booth Creek Falls. Donovan second the motion with an amendment to direct staff to look at a future beaver policy. Kurz asked if there was any public comment. There was none. A vote was taken and the amended motion passed 4 -2 (Kurz and Moffet opposed). The seventh item on the agenda was Adjournment. There being no further business, Foley moved, with a second from Donovan, to adjourn the meeting at 7:55 p.m. The motion passed unanimously, 6 -0. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Tammy Nagel, Acting Town Clerk Town Council Meeting Minutes of September 3, 2013 10/1/2013 Page 7 Vail Town Council Meeting Minutes Tuesday, September 17, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Kevin Foley Margaret Rogers Susie Tjossem Greg Moffet Absent: Kerry Donovan Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Tammy Nagel, Acting Town Town Manager Clerk The first item on the agenda was Citizen Participation. Kevin Foley offered condolences to the Colorado flood victims. Stan Zemler, Town Manager, stated the town had several police staff assisting the Front Range emergency responders. There was no further public comment. The second item on the agenda was the Consent Agenda. 1) Resolution No. 9, Series of 2013, a Resolution Establishing a Town of Vail Public Records Policy; and Setting Forth Details in Regard Thereto. Moffet made a motion to approve with a second from Rogers. Foley read the title in full. The motion passed 6 -0. The third item on the agenda was the Town Manager Report. 1) Pedestrian Safety on Meadow Drive. Zemler said there have been many changes over the past 6 -7 years on Meadow Drive and it's necessary to review the pedestrian /transit relationship. Zemler stated a third party may need to be hired. 2) EGE Air Alliance letter of support. Kelli McDonald, Economic Development Manager, is the town's representative at the EGE Air Alliance meetings. McDonald stated EGE Air Alliance was requesting $200,000 from Eagle County Town Council Meeting Minutes of September 17, 2013 10/1/2013 Page 1 for funding additional flights, which is at the same funding level as last year. McDonald requested approval from Council to sign on behalf of the town. 3) Winter parking update. Zemler said there will be no changes from last year. All fees and restrictions for parking will remain the same from the 2012 -2013 ski season. The fourth item on the agenda was a request for a public hearing to provide an update to seek direction from the Vail Town Council on the site selection preference for the proposed Betty Ford Alpine Garden Education Center. George Ruther, Community Development Director, stated the Planning and Environmental Commission (PEC) has made progress on the review of the proposed 2013 Gerald R. Ford Park Master Plan, but the PEC is stumbling on the site selection of the proposed Betty Ford Alpine Garden Education Center. The town staff has evaluated 7 possible sites for the education center and based upon the criteria, the West Betty Ford Way site was found to be the "preferred" site. Ruther said the PEC has requested that more analysis and discussion occurs around the possibilities of co- locating the proposed Education Center with the tennis center building site. Ruther also stated the issue is not that the West Betty Ford Way site is unsuitable, but rather that the tennis center building site appears to be better as the site is closer in proximity to transit and parking. Daly stated there isn't anything that prevents the Council from including both sites in the 2013 Master Plan and this would be his recommendation. Ruther stated one of the Council's goal's on the master plan is to find a location for the Education Center and in fairness to the stakeholders there should be some direction. Moffet stated he didn't want the town to be in the shotgun marriage business and in fairness to the participants in the master plan and the folks affected by the master plan that if we are excluding sites, the Council should be clear. If Council is amenable, then he is comfortable including two sights. Rogers stated it's not like the town hasn't had the opportunity to talk with the Vail Recreation District (VRD) regarding the tennis center site because the PEC has invited them to attend the meetings and the VRD has not shown up. Rogers went on to say she has had a long conversation with VRD board member Ken Wilson, who said "no way" to the Education Center coexisting with the tennis center. Rogers felt the mixed uses would conflict with each other and she does not want to fight with VRD over the tennis center. Rogers also stated that if there is a site that is already suitable for the Education Center, then Council should go forward with designating one site. Zemler provided Council with a brief update on the Recreation Subcommittee meeting that was held earlier that day. Zemler said the VRD is open minded to some conversation regarding the tennis center site, but funding is questionable. Zemler also said there could be missed opportunities for both organizations. Town Council Meeting Minutes of September 17, 2013 10/1/2013 Page 2 Tjossem suggested the VRD and Betty Ford Alpine Garden meet and have the conversation before bringing it to the PEC. Ruther stated the West Betty Ford Way site is the best location, but if there were problems it would be good to have another option. Rogers asked if VRD has no money and Betty Ford Alpine Garden cannot flip the bill, who then pays. Would the town be responsible. Ruther stated he was not advocating for a certain site. He suggested Council designate the West Betty Ford Way site be the #1 site with the tennis center site as the #2 designated site just in case problems rise with the first site. Daly requested public comment. Jack Hunn, Betty Ford Alpine Garden representative, stated he has attended all the PEC meetings and feels the PEC board is opposed to the West Betty Ford Way site. The VRD is not interested in sharing costs for a tear down or an addition to the tennis center. Hunn went on to say that it's a waste of time to have a conversation with an unwilling partner. The West Betty Ford Way site is not perfect, but Betty Ford Alpine Gardens wants to move forward. Hunn requested Council designate two or three sites in the 2013 proposed master plan, but if only one site is was going to be designated, then it should be the West Betty Ford Way. Jim Lamont, Vail Homeowners Association representative, confirmed Hunn's observations of the PEC being in opposition to the West Betty Ford Way site and supports the idea of adding two or three potential sites to the proposed master plan. With no further comments, Daly closed public comment. Tjossem strongly encouraged the VRD and Betty Ford Alpine Garden to sit together to go through the ideas. Ruther stated he has $5000.00 in his budget assigned to having a conceptional design review done for one site. Tjossem requested another $5000.00 be put towards having a conceptional design review done on both sites. Zemler stated the PEC is requesting 2- 3 sites be designated in the proposed 2013 master plan. Zemler was concerned the additional $5000.00 would make it look like the town is financing the project. A majority of Council members agreed to not fund two conceptional design reviews. Daly thought it was better served to declare three sites for the Education Center on the master plan. Rogers disagreed. She strongly feels there should only be one site designated and it should be the West Betty Ford Way site. Roger worries that the Education Center will Town Council Meeting Minutes of September 17, 2013 10/1/2013 Page 3 get lost and no site will be perfect. Rogers agreed with Hunn that it would be a waste of energy to have a conversation with a stakeholder who does not want to consider the tennis center site. Ruther suggested designating the number 1 preferred choice be the West Betty Ford Way site. Then designate two other sites so there are no missed opportunities. Lamont approached the podium again and stated the VRD does not have to tear down the tennis center but can do a tactful addition. Rogers said when she spoke with VRD board member Ken Wilson, the concern is the concept does not work with the current use. Tjossem said every proposed site has conflicts and again she requested the two stakeholders meet and agree on a site. Tjossem and Foley both stated they would not support the proposed Education Center sites listed by preference. Ludwig made a motion to list the West Betty Ford Way site as the preferred site on the proposed 2013 Gerald R. Ford Park Master Plan with two alternative sites which was seconded by Moffet. The motion passed 4 -2 (Foley and Tjossem opposed). Daly opened Citizen Participation again. David Viele, Eagle River Water and Sanitation District ( ERWSD) representative, thanked Daly and Zemler for all their help on the golf course easements. Viele stated the ERWSD easements will be discussed at the next council meeting and asked if there were any questions he could answer now or be prepared to answer at that meeting. Council had none. The fifth item on the agenda was the first reading of Ordinance No. 14, Series of 2013, an Ordinance Amending the Vail Town Code to Increase the Maximum Fine for Code Violations in Accordance with State Law and Setting Forth Details in Regard Thereto. Matt Mire, Town Attorney, stated this ordinance allows the municipal court to subject the maximum fines according to State law. Foley asked if the town uses the 1973 Model Traffic Code. Mire replied the town does still operate under that Code due to speed limits in certain areas of the town. Town of Vail Municipal Judge Buck Allen stated that by increasing the maximum fine limits, it provides him leverage in cases that have restitution owed. Moffet moved to approve with a second from Kurz. A vote was taken and the motion passed 6 -0. The sixth item on the agenda was Adjournment. There being no further business, Foley moved, with a second from Kurz, to adjourn the evening meeting and reconvene to the executive session, pursuant to: C.R.S. §24- 6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal Town Council Meeting Minutes of September 17, 2013 10/1/2013 Page 4 advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: Timber Ridge. The motion passed unanimously, 6 -0. The meeting adjourned at 7:15 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Tammy Nagel, Acting Town Clerk Town Council Meeting Minutes of September 17, 2013 10/1/2013 Page 5 0 rnwN of vain Memorandum To: Town Council From: Tammy Nagel, Acting Town Clerk Date: October 1, 2013 Subject: Appointment of Regular Municipal Election Judges I. APPOINTMENT OF ELECTION JUDGES FOR NOVEMBER 5 ELECTION It is my pleasure to suggest the following ten /eleven prospective appointees as judges (at -the- polls, early, mail -in and absentee judges) for the Regular Municipal Election to be held Tuesday, November 5, 2013: Vi Brown 556 Cortina Lane, P.O. Box 547 Vail, CO 81658 Holiday Cole 2084 Zermatt Lane, Unit C Vail, CO 81657 Carol IVIcKown 2092 Zermatt Lane, #D Vail, CO 81657 Earl Best 115 Lupine Lane, P.O. Box 51 Leadville, CO 80461 Meryl Jacobs 961 June Creek Road Edwards, CO 81632 Mary Caster 2510 Bald Mountain Road Vail, CO 81657 Summer Holm 1858 West Gore Creek Drive Vail, CO 81657 Mary Ann Best 115 Lupine Lane; P.O. Box 51 Leadville, CO 80461 Jane Harelson 172 Rafferty Drive Leadville, CO 80461 Katherine Schmidt 90 W. Double Hitch Eagle, CO 81632 II. USE OF TOWN STAFF FOR ELECTION ON NOVEMBER 5, 2013 The Election Plan also enlists the help and assistance of the following town staff to assist with any and all aspects of the election as well: Lorelei Donaldson 10/1/2013 Pam Brandmeyer Assistant Town Manager Thank you for your consideration and approval of the above election judges for the Town of Vail November 5, 2013 Regular Municipal Election. ncerely, , Tammy Nagee Acting Vail Town Clerk/ /Chief Election Official Town of Vail 10/1/2013 Page 2 RESOLUTION NO. 11 Series of 2013 A RESOLUTION APPROVING CERTAIN WATER FACILITY EASEMENTS AND A WATER AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT; 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 is the owner of certain real property commonly known as the Vail Golf Course. WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD ") adjudicated the water rights and plan for augmentation in the District Court in and for Water Division No. 5 Case No. 82CW328 to furnish a legal water supply for the 169 acre feet of water per year for the Vail Golf Course; WHEREAS, certain Water Facility Easements (the "Easements ") are necessary for the Water District to meet its water and sewer service obligations; and WHEREAS, the Town desires to grant to the ERWSD the Easements and to approve a Water Agreement (the ( "Agreement ") relating thereto in the form attached to this Resolution as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Easements and Agreement, and authorizes the Town Manager to enter into the Easements and Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 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 1St day of October, 2013. Andrew P. Daly Town Mayor ATTEST: Tammy Nagel, Acting Town Clerk Resolution No. 11, Series 2013 10/1/2013 WATER AGREEMENT This Water Agreement, dated this day of September, 2013, is between the Eagle River Water and Sanitation District (the "Water District ") and the Town of Vail (the "Town "). Recitals Whereas, the Vail Valley Consolidated Water District and the Vail Metropolitan Recreation District (the "Recreation District ") entered into an Agreement dated September 8, 1983 (the "1983 Agreement "), concerning the water supply for the Vail golf course (hereinafter the "Golf Course ") and the development of water for the Water District's other users; Whereas, the Water District is the successor to the Vail Valley Consolidated Water District; Whereas, the Water District and the Recreation District amended the 1983 Agreement by Amendment to 1983 Agreement dated August 28, 2012; Whereas, the Golf Course is located on Town property; Whereas, the Recreation District was to obtain for the Water District easements for the Water District wells, transmission lines, treatment plant /well house buildings, storage ponds, water diversion facilities, and sewer mains (the "Water Facility Easements ") under the 1983 Agreement; Whereas, the Recreation District never secured the Water Facility Easements; Whereas, the Water District adjudicated the water rights and plan for augmentation in the District Court in and for Water Division No. 5 Case No. 82CW328 to furnish a legal water supply for the 169 acre feet of water per year for the Golf Course provided for in the 1983 Agreement (the "Golf Course Water Supply "); Whereas, the Water District has furnished the Golf Course Water Supply without cost for the past 30 years in anticipation of obtaining the Water Facility Easements; Whereas, the Water Facility Easements are necessary for the Water District to meet its water and sewer service obligations; and Whereas, the water and sewer service by the Water District and the Golf Course Water Supply are essential to the vitality of the Town and the Golf Course. 61638 10/1/2013 Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The Town shall convey the Water Facility Easements to the Water District attached hereto. 2. In the event the Recreation District should ever cease to exist or cease to operate the Golf Course, the Town shall be the successor to the Recreation District under the 1983 Agreement as amended, and the Water District's obligation to use the Golf Course Water Rights to furnish water to the Golf Course under the 1983 Agreement as amended shall continue in full force and effect. 3. Except as supplemented by this Water Agreement, the terms and conditions of the 1983 Agreement as amended shall remain in full force and effect. Executed as of the date first set forth above. EAGLE RIVER WATER & SANITATION DISTRICT Attest: 2 61638 10/1/2013 By: Secretary Name: Title: TOWN OF VAIL Attest: By: Secretary Name: Title: 2 61638 10/1/2013 WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor "), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District "). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings, valve works, meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under, and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - WELL (Rl) EASEMENT, EXHIBIT - WELL (Rl) PIPELINE EASEMENT and EXHIBIT - WELL (Rl) ACCESS EASEMENT consisting of 6 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non - exclusive within the remainder of this Easement; provided however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non - exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non - exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re- drill and/or relocate Well (RI) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re -drill and /or relocate Well (R1); (3) the District must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the non - exclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and /or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of 10/1/2013 future well house buildings or other structures, which suggestions will be considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District in connection with any future facilities on this Easement shall be replaced with a 10 -15 feet nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. This Easement shall terminate in the event that the relocated Well R1 is constructed and operational, the occurrence of which shall be set forth in an affidavit from the District filed of record. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager 10/1/2013 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of , 2013, by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water & Sanitation District this day of , 2013, by Linn Brooks, General Manager. EAGLE RIVER WATER & SANITATION DISTRICT By: Linn Brooks General Manager 10/1/2013 EXR[BIT WELL (RI) EASEMENT EASEMENT Dj�SCRIPIZON A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF TIME SDEM PRINICPAL ]MERIDIAN, COUNTY OF EAGIA STATE OF COLORADO, LYING WITHIN A PARCEL OF LAND DESCRIBED IN BOOK 391 AT PAGE 528, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: ATAPOINT WHENCE THE NORTHWEST CORNER OF TRACT F, VAIL VILLAGE ELEVENTH FILING, ACCOR LNG TO THE PLAT RECORDED RILY 26,1971 AT RECEPTION No. 116816, TOWN OF VAII,, EAOLE COUNTY, STATE OF COLORADO BEARS N 48°10'21' E A DISTANCE OF 198.94 FEET.; THENCE S 01022146' W A DISTANCE OF 100.00 FEET TO APOINTONTHE NORTHLiNE OF TRACT A. KATSOS RANCH MINOR SUBDIVISION, ACCORDING TO TIM PLAT RECORDED FEBRUARY 11, 2004, AT RECEPTION No. 867647, TOWN OF VAIL; THENCE N 88°3714" W ALONG SAID NORTH LINE OF SAID TRACTADISTANCE OF 100.00 FEET; THENCE DEPARTING SAID NORTH LINE THE FOLLOWING (2) TWO COURSES: 1) N01-22146" E ADISTANCE OF 10100 FEET; 2) S 88 °3714" E A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING.0.230 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTINO NOS STATIONS "SPRADDLE" AND'%4CLAURIN", WHICH BEARS S 750 16'36" E USING COLORADO CENTRAL ZONE (HARN) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VILLAGE ELEVENTH FILING HAS ROTATION OF (-00° 43'03") FROM PLATTED BEARINGS. 27598 BRBNT BIGGS PIS No. 27598+'`' PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS. INC P: 11800.1899\180$1 MXR1 4egalaNExbibWVGC.Well.IA&UTAN nS.doe O� r � ` * U 99 2 0� a 90 a O COO 14 in v' v° Cq to 'IWO N ✓ \ ! h ZZW co z 2� s \ l �`. �� to w O z I Z to O 1U9 a acv a o. Nib 1 1 d o ,00'001 (- M„9 ,ZZ.IOS go M r y o° o° I o 110 ro ono o t cno w 1' 3 z °D m 0 o a H. fr z° m 00 -j _ w Z °o .00.0bl - „9i�,ZZAON m j 1 f 1 I o E ' Zg 1 1 � � o Z z �_ w� w ¢ Q ''• `� J Jj1• M��i/ •••••• I °4°P 'Nd ct-*ws mor/Of /L 16NP'ttl-1t91YM3\5*P \908& \COOL -ML \ %d 10/1/2013 EXHIBIT - WELL M) PZPEL]NE EASEMENT EASEMENT DES ON A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF T1E3 SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTHPRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING WME NA PARCEL OF LAND DESCRIBED IN BOOK 391 AT PAGE 528 AND TRACT F, VAIL VILLAGE ELEVENTH FILING, ACCORDING TO THE PLAT RECORDED JULY 26, 1971 AT RECEPTION No. 116816, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIlNNING AT THE NORUAMT CORNER OF SAID TRACT F, THENCE S 13 001106" E ADISTANCE OF 39.82 FEET; THENCE S 31°29'16" W A DISTANCE OF 139.51 FEET TO A POINT OF CURVATURE; THENCE 55.07 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING ACENTR9LANGLE OF 52035'03 ", A RADIUS OF 60.00 FEET AND ACHORD WHICH BEARS S 57°46'48" WADISTANCE OF 53.15 FEET; THENCE 3 84 004'19° W A DISTANCE OF 10.64 FEET TO A POINT OF CURVATURE; THENCE 3154 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 2105551", ARADIUS OF 85.00 FEET AND A CHORD WIRCH BEARS N 84°57'45"W` ADISTANCE OF 32.34 FEET, THENCE ' N 73 059150" W A DISTANCE OF28.54 FEET TO APOENT OF CURVATURE; THENCE 24.48 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING ACENTY;AL ANGLE OF 15°35'11 ", A RADIUS OF 90.00 FEET AMACHORD WHICH BEARS N 81 "4725" W ADISTANCE OF 24.41 FEET' ; THENCE N 89°33'01" W A DISTANCE OF 147:94FEET; THENCE N 00024'59" E ADISTANCE OF 20.00 FEET; THENCE S 89°35'01" E A DISTANCE OF 147.94 FEET TO A POINT OF CURVATURE; THENCE 29.92 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 15 035'11. ARADIUS OF 110.00 FEET AND A CHORD WHICH BEARS S 81 °4725" E ADISTANCE OF 299.83 FEET; THENCE S 73 °59'50" E A DISTANCE OF 28.54 FEET TO A POINT OF CURVATURE, THENCE 24.88 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 21 °5551 ", A RADIUS OF 65.00 FEET AMID A CHORD WHICH BEARS S 84 °5745" EA DISTANCE OF 24.73 FEET; THENCE N 84°04'19" E ADISTANCE OF 10.64 FEET TO APOINT OF CURVATURE; THENCE 36.71 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 52035'03", A RADIUS OF 40.00 FEET AND A CHORD WHICH BEARS N 57 °4648" E A DISTANCE OF 35.44 FEET, THENCE 31°29'16" E ADISTANCE OF 67.92 FEET' , THENCE N 29°07"53" W A DISTANCE OF 25.35 PEST; THENCE N 08"4531" E ADISTANCE OF $4.41 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF WAY. OF INTERSTATE No 140; THENCE ALONG SAID SOUT*MRLY RIGHT •OF- WAY THE FOLLOWING (2) COURSES: . 1) S 8902625" E A DISTANCE OF 19.19 FEET; 2) N 65°44'14" E A DISTANCE OF 33.28 FEET TO THE TRUE POINT of Barn mNn SAID PARCEL CONTAINING 0.260 ACRES MORE OR LESS THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 750 16'36'E USING COLORADO CENTRAL ZONE OWN) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VILLAGE ELEVENTH FILING 1!! TION OF (-000 43'03") FROM PLATTED BEARINGS. PREPARED FORAND ON BEHALF OF PEAK LAND P: 11800- 18MI808Xdoc.sNRI- legals%xWbit Rl- PipeUne-Lcil1a� 13 3 T OD rnr� • 'O�• � o w Sol ` J SN M �aZFj9 r to to 00 9 8�8c*S. Z co ullg Z Z W r) � o o• � s �� �� � w 1a 4 Z z ti I a� a o J J ^v Z v �► �WZMZ � U 00I NO Z` U) �j rti o tip ID I ca 3 a ¢z O0 �a vvZ o>- Q WO o �`J9��J999 I Z0n z QF 01 �� rn co Z �0. 0 0 •- _Z 20 z I ZN o y ZO, r 0� IJ � � �' •rrrrrf �N N0 o ��4rn xn�a� u4w 'WY t gam iltR/9t /L '�D'3HNfl�- t8 ^tIM4x3\ P \9Qpl \86BL -pOQI\ d 10/1/2013 EXHIBIT WEU M) ACCESS EASEMENT EASEMENMES A PARCEL OF LAM LOWED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP S SOUTJ% RANGE 80 WEST OF THE SDCTH PRIMCPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING WITT•IIN A PARIML. OF LAND DESCRIBED IN BOOK 391 AT PAGE 528 AND TRACT F, VAIL VXLAGE ELEVENTH FILING, ACCORDING TO THE PLAT RECORDED JULY 26, 1971 AT RECEMON No. 116916, TOWN OF VAR, EAGLE COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: El AT THE NORTHWEST CORNER OF SAID TRACT F, THENCE S 13001'06" E A DISTANCE OF 39.82 FEET, THENCE S 31°29'16" W A DISTANCE OF 139.51 FEET TO A POINT OF CURVATURE; THENCE SS.07 PERTALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 52 035'03 ", A RADIUS OF 60.00 FEET AND ACHORD WHICH BEARS S 57 04648" W A DISTANCE OF 53.15 FEET; THENCE S 84 °04'19" W ADISTANCE OF 10.64 FEET TO APOINT OF CURVATURE; IHENCE 3154 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 21OSSIS10, ARADIUS OF 85.00 FEETAND A CHORD WHICH BEARS 8403T45" W A DISTANCE OF 32.34 FEET; THENCEN 73 °59'50" W ADISTANCE OF 2854 FEET TO A POINT OF CURVATURE; THENCE 24.48 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 15°35'11", A RADIUS OF 9D.00 FEET AND A CHORD WHICH BEARS N 8104725" W ADISTANCE OF 24.41 FEET, THENCE N 89035'01" W A DISTANCE OF 147.94 FEET; THENCE N 00024'59" EADISTANCE OF 20.00 FEET; MMNCE S 89°33'01 "B A DISTANCE OF 147.94 FEET TO A POINT OF CURVATURE; THENCE 29.92 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 15 °35'11 , A RADIUS OF 110.00 FEET AND A CHORD WHICH BEARS S 81 047125" E A DISTANCE OF 29.83 FEET; THENCE, S 73 °S9'50" E ADISTANCE OF 28.54 FEET TO APOINT'OF CURVATURE; THENCE 24.88 FEET ALONG SAID CURVE TURNING TO TI.1B LEFT HAVING A CENTRAL ANGLE OF 2105511 ", A RADIUS OF 65.00 FEET AND ACHORD WHICH BEARS S 84 °ST45" EA DISTANCE OF 24.73 FEET; THENCE N 84°04'19" EADISTANCE OF 10.64 FEET TO A POINT OF CURVATURE, THENCE 36.71 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 52 035'03 ", A RADIUS OF 40.00 FEET AND A CHORD WHICH BEARS N 37 °4048" B A DISTANCE OF 35.44 FEET; THENCE N31°29'16 "EADISTANCE OF 67.92 FEET, THENCE 29°07'53" W A DISTANCE OF 2533 FEET, THENCE NW45'S1" E ADISTANCE OF 54.41 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF -WAY OF II4'TERSTATE No. I -70; THENCE ALONG SAID SOUTHERLY RIGHT -O& WAY THE FOLLOWIING (2) COURSES: 1) S 89°2625" B A DISTANCE OF 19.19 FEET; 2) N 6S °44'14" E A DISTANCE OF 33.28 FEET TO THEM= POINT OF BEGINNING, SAID PARCEL CONTAINING 0.260 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NGS STATIONS "SPRADDLE" AND "MCLAURIN ", WHICH BEARS S 750 16'36"E USING COLORADO CENTRAL ZONE (HARN) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL. V91 AGE ELEVENTH FILING HAS ROTATION OF ( -0(° 43' 03') FROM PLATTED BEARINGS. �. P: 11800 -1899XI8081dow\Rl legaI8Xb iblt Rl- Access -Legal cc 13 r. O W C .8 O N cn N M �n 8 t;n \ \\ a� �ED N N Zzw V) B7 o� U cOi tom► 3 n } 0. 0 3 at°o z u II O !I 3 N Z) I I a �- 3 z °I lam r U)0 q� F 1 ? 00 Go �w U a' �a �rn J M cr v � ¢ zz -° m c� $ :3w Ci 0 Oz FCK O� w fY a 5 CL N Alb o"' 4 2gz 0tct 9 \ 04V Q-- N .>*, V) N N \Vt V U II\ \ ) S i XF � n °c n �n I � 3 Q4U zo ~w 10/1/2013 1 L a1 a gg Bel ao a'F h 4 U40' 'nV 01448 ZIOL /41 /L '�'D'3tl�ttLi-tH- 11414x3 \�>�608� \688t -OpBt\ d WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor "), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District "). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings, valve works, meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - RELOCATED WELL (Rl) EASEMENT, EXHIBIT - RELOCATED WELL (Rl) PIPELINE EASEMENT, and EXHIBIT - RELOCATED WELL (Rl) ACCESS EASEMENT consisting of 6 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non - exclusive within the remainder of the Easement; provided, however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non - exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non - exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re- drill and /or relocate the Relocated Well (R1) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re -drill and /or relocate the Relocated Well (R1); (3) the District must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the non - exclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and /or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of 10/1/2013 60601 any future well house buildings or other structures, which suggestions will be considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the. premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed shall be replaced with a 10 -15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager 10/1/2013 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of , 2013, by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water & Sanitation District this day of , 2013, by Linn Brooks, General Manager. EAGLE RIVER WATER & SANITATION DISTRICT Linn Brooks General Manager 10/1/2013 EXHIBIT - RELOCATED WELL 9H) EASFXMNT A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP S SOUTH, RANGE 80 WEST OF THE SIXTH PRIHICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING WITHIN APARCEL OF LANDDESCRIBED IN BOOK 391 ATPAGE 528, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: AT A POINT WHENCE THE NORTHWEST CORNER OF TRACT F, VAIL VK LAGE ELEVENTH FILING, ACCORDING TO THE PLAT RECORDED JULY 26,1971 AT RECEPTIONNo.116816, TOWN OF VA1L, EAGLE COUNTY, STATE OF COLORADO BEARS N 62 01 l' 1T' E A DISTANCE OF 273.22 FEET THENCE S 21 054'00" E A DISTANCE OF 27.30 FEET; THENCE N 89°3501" W A DISTANCE OF 5.67 FEET; THENCE S 86°16'31" W A DISTANCE OF 22.18 FEET TO APOINT OF CURVATURE; THENCE 77.66 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 34 013'44 ", A RADIUS OF 130.00 FEET AND A CHORD WHICH BEARS S 69009138"W A DISTANCE OF 76.51 FEET TO APOINT OF REVERSE CURVATURE; THENCE 48.06 FEET ALONG SAID REVERSE CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 14 00715 ", A RADIUS OF 195.00 FEET AND A CHORD WHICH BEARS S 55057'43" W ADISTANCE OF 47.94 FEET; THENCE N23 2nr W ADISTANCE OF 76.84 FEET; MINCE 66°39'33" E ADISTANCE OF 60.11 FEET TOAPOINT OF CURVATURE; THENCE 57.74 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 55°08'29 ", A RADIUS OF 60.00 FEET AND A CHORD WHICH BEARS S 83 046'12" E A DISTANCE OF 5S.54 FEET TO POINT OF REVERSE CURVATURE; THENCE 26.15 FEET ALONG SAID REVERSE CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 35 040'02 ", A RADIUS OF 42.00 FEET AND A CHORD WHICH BEARS S 76 001'59" E A DISTANCE OF 25.73 FEET TO A POINT OF REVERSE CURVATURE; THENCE 24.13 FEET ALONG SAID REVERSE CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 23°02'50 ", ARADIUS OF 60.00 FEET AND A CHORD WHICH BEARS S 82009'00"E A DISTANCE OF 23.97 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.194 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADDLE" AND "MCLAURDr, WHICH BEARS S 75° 16'36" E USING COLORADO CENTRAL ZONE (HARK) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. TIM BOUNDARY SHOWN FOR VAIL VILLAGE ELEVENTH FILING HAS ROTATION OF ( -000 43'03") FROM PLATTED BEARINGS. BRENT BIGGS PLS No. 27598 PREPARED FOR AND ON BEHALF OF PEAK LAN NSULTANTS. INC 10/1/ 013 P.\1800- 1899 \1808\docslR14ogals\Exhibit VGC. Well - Legal, oc LLWm uC4 � `_ to w° � nN N zaw, Z tt1 O U 1n 4 z r I i w io 0 Mp O Z h Q x� O �3: �v R I 00 °p1 m 3j pN� 001 Z. I r a o� O � 0d m 0 ° 1 mo z I=- M 0 � �m ¢o aQ S a.. Q Opt * cn E I N 1- ,�-- �061 9z \ N. F \ s� h rya i I Ln ui oz z r ^ ��z° wo m o z� z �d J M O in v° U r I Zfn I Nm z < I < W O � o 0 y 10/1/2013 440P %Id L£-9£ -£ ZIOi /0£ /L 'IMP*3tltLLfU —tt1 I1a14%3 \SMP \toot \8691- 0081 \ :d EX MI T - RELOCATED WELL (RI) PIPELINE EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH; RANGE 80 WEST OF THE SDM PRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, EYING WITHIN A PARCEL OF LAND DESCRIBED IN BOOK 391 AT PAGE 528 AND TRACT F, VAIL VILLAGE ELEVENTTI F&WO, ACCORDING TO THE PLAT RECORDED JULY 26, 1971 AT RECEPTION No. 116816, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG1NNINd AT THE NORTHWEST CORNER OF SAID TRACT F, THENCE S 13 °01'06" E ADISTANCE OF 39.82 FEET, THENCE S 31 -29'16" W ADISTANCE OF 139.51 FEET TO APOINT OF CURVATURE; THENCE 55-07 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 52 635'03 ", A RADIUS OF 60.00 FEET AND A CHORD WHICH BEARS S 57046'48" W A DISTANCE OF 53.15 FEET; THENCE S 84 °04'19" W A DISTANCE OF 10.64 FEET TO A POINT OF CURVATURE; THENCE 32.54 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL, ANGLE OF 2105511 ", A RADIUS OF 8S.00 FEET AND A CHORD WHICH BEARS N 84 057'45" W A DISTANCE OF 32.34 FEET; THENCE N 73°59'50" W ADISTANCE OF 28.54 FEET TO A POINT OF CURVATURE; THENCE 24.48 FEET ALONG SAID CURVE TURNING TO TEE LEFT HAVING A CENTRAL ANGLE OF 15035'110, A RADIUS OF 90.00 FEET AND A CHORD WHICHBEARS N 81 047'25" W ADISTANCE OF 24.41 FEET, THENCE N8993501" W A DISTANCE OF 147.94 FEET; THENCE N 00°24S9" E A DISTANCE OF 20.00 FEET, THENCE S 89°35'01" EA DISTANCE OF 14794 FEET TO APOINT OF CURVATURE; THENCE 29.92 FEBr ALONG SAID CURVE TURNING TO THE RIGHT HAVING .A CENTRAL ANGLE OF 15 °35'11 ", ARADIUS OF 110.00 FEET AND A CHORD WHICH BEARS S 81 °4725" E ADISTANCE OF 29.83 FEET; THENCE S 73 059'50" EA DISTANCE OF 2854 FEET TO A POINT OF CURVATURE; THENCE 24.88 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 21 95511 ", A RADIUS OF 65.00 FEET AND A CHORD WHICH BEARS S 84 05745" E ADISTANCE OF 24.73 FEET, THENCE X84W19" E ADISTANCE OF 10.64 FEET TO APOINT OF CURVATURE; THENCE 36.71 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 52035'03 ", A RADIUS OF 40.00 FEET AND A CHORD WAICHBEARS N 57 °4648" BA DISTANCE OF 33.44 FEET, THENCE N 31029'16" E A DISTANCE OF 67.92 FEET; THENCE N 29CUS3" W A DISTANCE OF 25.35 FEET, THENCE N 08045151"E A DISTANCE OF 54.41 FEET TO APOINT ON THE SOUTHERLY RIGHT -OF -WAY OF INTERSTATE No. I -70, THENCE ALONG SAID SOUTHERLY RIGHT -OF - WAY THE FOLLOWING (2) COURSES: 1) S 89°26'25" E A DISTANCE OF 19.19 FEET, 2) N 65 °44'14" E ADISTANCE OF 3329 FEET TO THE TRUE ,E= OF BEG)IMING, SAID PARCEL CONTAINING 0.260 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADD10 AND "MCLAURIN", WHICH BEARS S 750-16'36"E USING COLORADO CENTRAL ZONE TARN) STATE PLANE COORDINATES (SPC} 83 WrM A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIINILLAGE EL LVENM FILING HAS ROTATION OF ( -00° 43'03') FROM PLATTED BEARINGS. .v M :t' gar • • it • • •F'4�ti�� • F�� �:'� P:\ 1800. 1899 \1808Wocs\Rl- leWs\Exbihit Rl Rolocated P�ellin��i pLdoo 3 • fU)N0 MM N p waNOa CO W gWN N Do \ �\ .7f Nib; oq a o1 te o d 3 m �- r Z Z� 1� 0^ N F obi ( NtM U Z ZfJ O z `QV J N C a N rr w Q O cow F- i5 to In � � p a }°0: z zi OJM wo w � c M M z °O 1 1 h I o % o �o o r o� z �•`i a � z�2 � N > EQ 4 I '��' •hr• • .... I i+ O m 1 !� �•. � w Q • a, uuw• Im titws WOO. �•o aartene- ►a- naiu�3 \ten \aos� \ees�- oao� \ca 10/1/2013 ETT - RELOCATED WELL (Rl) ACCESS EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP S SOUTH, .RANGE 80 WEST OF THE SIXTH PRIMCPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING WMJIN APARCEL OF LAND DESCRIBED IN BOOK 391 AT PAGE 528 AND TRACT F, VAIL VILLAGE ELEVENTH FILING, ACCORDING TO THE PLAT RECORDED JULY 26, 1971 AT RECEPTION No. 116816, -TOWN OF VA U, EAGLE COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AT T14B NORTHWEST CORNER OF SAID TRACT F, THENCE S 13001'06" E A DISTANCE OF 39.82 FEET; THENCE S 3IW16 "• W A DISTANCE OF 139.51 FEET TO A POINT OF CURVATURE; THENCE 55.07 FEBT ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 52 °35'03 ", A RADIUS OF 60.00 FEET' AND A CHORD WHICH BEARS S 5704648" W ADISTANCE OF 53.15 FEET; THENCE S 84004'19" W ADISTANCE OF 10-64 FEET TO A POINT OF CURVATURE; THENCE 32.54 FEET ALONG SAID CURVE TURNING TO THE RIGHTHAVING A CENTRAL ANGLE OF 2105551 ", ARADIUS OF 85.00 FEET AND A CHORD WHICH BEARS N 84 °5745" W A DISTANCE OF 32.34 FEET, THENCE N 73 059'50" W ADISTANCB OF 28.54 FEET TO A POINT OF CURVATURE; THENCE 24.48 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 15 035'11 ", A RADIUS OF 90.00 FEET AND A CHORD WHICH BEARS N 81 °47'25" W A DISTANCE OF 24.41 FEET, THENCE 89°3901" W A DISTANCE OF 147.94 FEET, THENCE N 00024'59"E A DISTANCE OF 20.00 FEET; THENCE S 89°35'01" E A DISTANCE OF 147.94 FEET TO A POINT OF CURVATURE, THENCE 29.92 FEET MMO SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 1503YI1 ", A RADIUS OF 110.00 FEET AND A CHORD WHICH BEARS S 81°4775' E ADISTANCE, OF 29.83 FEET, THENCE S 73 °S9'50" EADISTANCE OF 28.54 FBETTO A POINT OF CURVATURE; THENCE 24.88 FEET ALONG SAID CURVE TURNING To THE LEFT HAVING A CENTRAL ANGLE OF 21 05511 ", A RADIUS OF 65.00 FEET AND A CHORD WHICH BEARS S 84°5745" E A DISTANCE OF 24.73 FEET; THENCE N 84°04'19" E A DISTANCE OF 10.64 FEET TO APOINT OF CURVATURE, THENCE 36.71 FEET ALONG SAM CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 52035103 " A RADIUS OF 40.00 FEET AND A CHORD WHICH BEARS N 57 °4548" E A DISTANCE OF 35-44 FEET; iiii EN 31 °29'16" B A DISTANCE OF (,792 FEET; THENCE N 29°0753" W A DISTANCE OF 25.35 FEET; THENCE N 09"45'51"E A DISTANCE OF 54.41 FEET TO APOINT ON THE SOUTHERLY RIGHT-OF-WAY OF-INTERSTATE No. I -70; THENCE ALONG SAID SOUPIiI1 RLY RIGHT-OF- WAY THE FOLLOWING (2) COURSES: 1) S 89°2625" E A DISTANCE OF 19.19 FEET; 2) N 65 °44'14" E A DISTANCE OF 33.28 FEET TO THE TRUE POINT OF BFGINNIAIG, SAID PARCEL CONTAINING 0.260 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADDLE" AND "MCLAURIN . WHICH BEARS S 750 16' 35' E USING COLORADO CENTRAL ZONE (EARN) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL V I Ai FILING HAS ROTATION OF ( -0(' 43' 03 ") FROMPLATTBDBEARINGS.' iii P.\1800. 189911808 1docs1R1- legatsMhMbit -Rl Relocated WA"-UgaLdoe wCOW -oo C14 oo W�N Cl azw M O � o �4 3 z z° Q° z C; 3 j = f o W pp � Sn N �C) 3 87 m) 00 i� N. i o' zl I N to m C a ��rn Wa�3j • In � m I � Z i a o� O y �c 4 sJ y� V ~ o Pm ° wW 4� 2 O i 1 3� w M O CD° N Z C7 N izE <m 1 a S d >09 L a� FT _O 1 � h 3 � 4c °n ° o z oz b Q F v w s v , 'sill a m° ..mo h u4T 'WY GWE ;6 LtOL /9t /L ' P'3dtlllL�- td- 11RS4+�3��P \808t \6681- t>Q8L\ d 10/1/2013 WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor "), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District "). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decree water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings, valve works, meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premise, situate in the County of Eagle, State of Colorado: See EXHIBIT - WELL (R2 /R6) EASEMENT and EXHIBIT - WELL (R2/R6) AND ACCESS EASEMENT consisting of 4 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non - exclusive within the remainder of this Easement; provided, however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non - exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non - exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re- drill and /or relocate the Wells (R2 /R6) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re -drill and /or relocate Wells (R2 /R6); (3) District must consent to any overlapping easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the non - exclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and /or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of any future well house buildings 10/1/2013 or other structures, which suggestions will be considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement. for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District in connection with any future facilities on this Easement shall be replaced with a 10 -15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Stan Zemler Town Manager The foregoing Easement was subscribed and sworn to before me this day of , 2013, by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public 10/1/2013 ACCEPTED by the Eagle River Water & Sanitation District this day of 2013, by Linn Brooks, General Manager. EAGLE RIVER WATER & SANITATION DISTRICT By: Linn Brooks General Manager 10/1/2013 EXHIBIT WELL (R2ato EASEMENT EASEMENT DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTH EAST QUARTER OF THE SOUTWEST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINICPAL IuI MMIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING Wli UN APARCEL OF LAND DESCRIBED IN BOOK 397 AT PAGE 528, BEING MORE PAR71CULARY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WHENCE THE SOUTH QUARTER OF SECTION 3 BEARS S 26°50'54" E A DISTANCE OF 777.85 FEET; THENCE N 14"35'19" W A DISTANCE OF 150.00; THENCE N 75 °24'41" E A DISTANCE OF 103.56 FEET; THENCE N 07°14'50" W ADISTANCE OF 124.35 FEET MORE ORLESS TO APOINT ON THE SOUTHERLY RIGHT -OF -WAY OF INTERSTATE No. 7% THENCE ALONG SAID SOUTHERLYRIGHT OF WAY THE FOLLOWING (2) TWO COURSES; 1) N 82°45"01" EADISTANCE OF 90.00FEET; 2) N 74 013'29" E A DISTANCE OF 91.30 FEET; THENCE DEPARTING SAID SOUTBMR Y RIGHT-OF-WAY THE FOLLOWING (2) TWO COURSES; 1) S 14 °35'19" E ADISTANCE OF 98.16 FEET; 2) S 46 031'06" WA DISTANCE OF 342.65 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.963 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 750 16'3&'E USING COLORADO CENTRAL ZONE 91ARN) STATE PLANE COORDINATES (SPC) 6JHMjA SCALE FACTOR OF 1.00041186. BRENT BIGGS PLS No. 27598 PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC 10/1/2013 P:k1800.1899118081docsNR2 R&LcgdkExbibit RZ- R6-Legw.doc . W � co C%p \ ir 1 a r - CL A. ``' • cam, .r k' CD 1 N J M r -� to to r alp, 126 'n 0 � Rig trio u �M v ir ZnmtoN !�'P to to cn %.� z w �S 0 t cv o .3 \ }24.35 W \ in N�O 21l�„ W ,. 15a•��1 ��•35' 19 2 to �COD Ma �M o W 1*1.14. 1 ai o cn Ld ^ �o q. I Q-C �\ j p lim 0, a z 0 n 't '• x 0 �S �, rQ 1-• gIN\11� r r u4cr -rid 9::i£8 CtOVOf /C • +D'9U- L11- 11414K3\ P \ ®OHl\9891- 009! \ :d 10/1/2013 WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor "), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District "). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings, valve works, meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - WELL (115) AND WELLHOUSE EASEMENT and EXHIBIT - WELL (R5) AND WELLHOUSE ACCESS EASEMENT consisting of 8 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non- exclusive within the remainder of the Easement; provided, however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non- exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non - exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re -drill and /or relocate Well (R5) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re -drill and /or relocate Well (R5); (3) the District must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the nonexclusive portion of this Easement herein, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and /or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of any future well house buildings or other structures, which suggestions will be considered by the District in good faith but not be 10/1/2013 60601 binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District in connection with any future facilities on this Easement shall be replaced with a 10 -15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Stan Zemler Town Manager The foregoing Easement was subscribed and sworn to before me this day of 2013, by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public 10/1/2013 ACCEPTED by the Eagle River Water & Sanitation District this day of , 2013, by Linn Brooks, General Manager. EAGLE RIVER WATER & SANITATION DISTRICT By: Linn Brooks General Manager 10/1/2013 E73IT - WELL 915) AND WELLHOUSE EASEMENT EASEMENt DESCR2TION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNiSH1P S SOUTH, RANGE 80 WEST OF THE SIXTH PRITRCPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING WITHIN A PARCEL OF LAND DESCRIBED IN BOOK 397 AT PAGE 528 AND IN TRACT A, VAIL VALLEY FOURTH FILING ACCORDING TO THE PLAT RECORDED NOVEMBER 6,1979 AT RECEPTION No. 190679, TOWN OF VAR, COUNTY OF EAGLE, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: HE SC AT A POINT WHEN THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTH HALF SECTION 9 BEARS S 27°24'30" W ADISTA14CE OF 1290.64 FEET; THENCE 73 05121" EA DISTANCE OF 259.58 FEET; THENCE S 55 °31"31" E A DISTANCE OF 67.69 FEET; THENCE S 77 02705" E ADISTANCE OF 96.81 FEET TO A POINT OF CURVATURE; THENCE 77.83 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 22 °1748 ", A RADIUS OF 200.00 FEET AND A CHORD WHICH, BEARS S 07°4625" W A DISTANCE OF 77.34 FEET; THENCE S 68022'55" W A DISTANCE OF 303.98 FEET TO A POINT OF CURVATURE; THENCE 215.92 FEET ALONG SAID CURVE TURNING TO TBE RIGHT HAVING A CENTRAL ANGLE OF 61051122". ARADIUS OF 200.00 FEET AND A CHORD WHICH BEARS N 31 °13'47° W A DISTANCE OF 205.58 FEET; TO THE POM OF BEGiNNiNG. SAID PARCEL CONTAINING 1.419 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NGS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 75° 16'36" E USING COLORADO CENTRAL ZONE (HARK) STATE PLANE COORDINATES (SPQ 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VALLEY FOURTH FILING HAS A ROTATION OF ( -000 36'39") FROM PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC P:U800.1899USO81docAlR5 LcgalsTtxbibit -R5 Wcll- COIbA bl&gel.doc D � m <� z � o � Z Lj La z a� '� o" ok' o , >` ¢ to ., J �O N 0 °tn LIJ 0 CO U tz ^N O1a in a � $ * m I �avl to cli z c°a �` pO9 . a o Jr� "O `.'m 6�N f Mi ~' cx 9 O�ZI vZ W f II CL �. 1 a+ . I aj r r� U4W 'Fid Z"t V Z►0Z/Of/L '6�P91olA- Stl- 114NP�3\ D \808► \666t -�Dgl\ d 10/1/2013 EXMIT -- WELL MS) AND WELLHOUSE ACCESS EASEMENT A 15.00 FOOT WIDE ACCESS EASEMENT LYING 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED IN THE NORTH HALF OF SECTION 9 AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIRTH PRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING WITHIN A PARCEL OF LAND DESCRIBED IN BOOK 376 AT PAGE 98S. THE SIDES OF SAID EASEMENT LENGTHENS AND SHORTENS AT IT'S BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ALONG THE NORTHERLY RIGHT-OF.WAY OF SUNBURST DRIVE WHENCE THE SOUTMAST CORNER OF THE NORTH HALF OF THE NORTH HALF SECTION 9 BEARS S67 °53'4099 A DISTANCE OF 1193.74 PEET, THENCE S 83 053'17" EA DISTANCE OF 88.19 FEET TO APOINT OF CURVATURE; THENCE 43.58 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 5502927 ", A RADIUS OF 45.00 FEET AND A CHORD WHICH BEARS N68°22'00" E A DISTANCE OF 41.90 FEET, THENCE N 40°37'16" EADISTANCE OF 82.30 FEET TO A POINT OF CURVATURE; THENCE 50.53 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 26°19'08 ", A RADIUS OF 110.00 FEET AND A CHORD WHICH BEARS N 2702T42" E ADISTANCE OF 50.09 FEET; THENCE N 14 °18'08" E A DISTANCE OF 1$.74 FEET TO A POINT OF CURVATURE; THENCE 121.05 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 3997155". A RADIUS OF 175.00 FEET AND A CHORD WHICH BEARS N 3400705"E A DISTANCE OF 118.65 FEET; THENCE N 53056'03"E A DISTANCE OF 96.01 FEET TO APOW OF CURVATURE; THENCE 61.73 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 32°09'03 ", A RADIUS OF 110.00 FEET AND A CHORD WHICH BEARS N 37 051ST" EADISTANCE OF 60.92 FEET; THENCE N 21 047'00" EA DISTANCE OF $4.84 FEET TO APOINT OF CURVATURE; T IENCE 50.40 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING CENTRAL ANGLE OF 17030'10", A RADIUS OF 165.00 FEET AND A CHORD WHICHBEARS N 30032%5"E A DISTANCE OF 50.21 FEET. THENCE N39-17110" E A DISTANCE OF 42.42 FEET TO A POINT OF CURVATURE; THENCE 7822 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 29°52'44 , A RADIUS OF 150.00 FEET AND A CHORD WHICH BEARS N 54 013'32" E A DISTANCE OF 77.34 FEET; THENCE N 69009'54" E ADISTANCE OF 66.13 FEET TO APOINT OF CURVATURE,; THENCE 63.43 FEET ALONG SAID CURVE TURNWG TO THE LEFT HAVING A CENTRAL ANGLE OF 19°3845", A RADIUS OF 185.00 FEET AND A CHORD WHICH BEARS N 59020'31"E A DISTANCE OF 63.12 FEET TO A POINT OF REVERSE CURVATURE; THENCE 85.97 FEET ALONG SAID REVERSE CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 37 °53'18 ", A RADIUS OF 130.00 FEET AND A CHORD WHICHBEARS N 68°2748" E A DISTANCE OF 84.41 FEET; fii& E N 87024!26"E A DISTANCE OF $4.36 FEET TO APOINT OF CURVATURE; THRICE 27.94 FEETALONG SAID CURVE TURNING TO TIM LEFT HAVING A CENTRAL ANGLE OF 8 000'16", A RADIUS OF 200.00 FEET AND A CHORD WHICH BEARS N 83°24118" E A DISTANCE OF 27.92 FEET; THENCE N 79°24'10" E A DISTANCE OF 92.57 FEET TO A POINT OF CURVATURE; THENCE 73.78 FEET ALONG SAID CURVE TURNING TO TEE LEFT HAVING A CENTRAL ANGLE OF 21008'11", A RADIUS OF 20100 FEET AND A CHORD WHICHBEARS N 68 °50'05" E A DISTANCE OF 73.36 FEET; THENCEN 59029'13" EADISTANCE OF 63.86 FEET TO APOINT OF CURVATURE; THENCE 109.10MET ALONG SAID CURVE TURNING TO THE LEFT HAVING A, CENTRAL ANGLE OF 35 °43'16 ", A RADIUS OF 175.00 FEET AMA CHORD WHICH BEARS N 4103735" E A DISTANCE OF 107.35 FEET; THENCE N 23 04557" E A DISTANCE OF 110.28 FEET TO APOINT OF CURVATURE; THENCE 10.11 FEET ALONG SAID CURVE TURNINGTO THE LEFT HAVING A CENTRAL ANGLE OF 23 °1018 ", ARADIUS OF 25.00 FEET AND A CHORD WHICHBEARS N 12°10'48" E A DISTANCE OF 10.04 FEET; THENCE N 00 03539" E A DISTANCE OF 50.14 FEET TO APOINT OF CURVATURE; THENCE 30.82 FEET ALONG SAID CURVE'TURNWO TO THE RIGHT HAVING A CENTRAL ANGLE OF 70°38'25 ". A RADIUS OF 25.00 FEET AND A CHORD WHICH BEARS N 35 054151" E A DISTANCE OF 28.91 FEET; THENCE N 71 °14'03" E A DISTANCE OF 43.49 FEET TO A POINT OF CURVATURE; THENCE 123.89 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 25 °48'42 ". A RADIUS OF 275.00 FEET AND A CHORD WHICH BEARS N 84009W' E A DISTANCE OF 122.84 FEET; THENCE S 82°57'15" E A DISTANCE OF 119.30 FEET, THENCE N 87 °45'47" E A DISTANCE OF 89.10 FEET TO A POINT OF CURVATURE; THENCE 140.11 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 °40'48 ", A RADIUS OF 225.00 FEET AND A CHORD WHICH BEARS S 74°2349" E A DISTANCE OF 137.86 FEET; THENCE S 5603325" E A DISTANCE OF 38.34 FEET TO A POINT OF CURVATURE; THENCE 42.07 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 17 013'03 ", A RADIUS OF 140.00 FEET AND A CHORD WHICH BEARS S 65 009'57" E A DISTANCE OF 41.91 PEET; THENCE S 73'4678" E A DISTANCE OF 14.48 FEET TO A POINT OF CURVATURE; THENCE 53.38 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 14 °1312 ", A RADIUS OF 215.00 FEET AND A CHORD WHICH BEARS S 66 03942" E A DISTANCE OF 5324 FEET; 1 P: \1800.1899\1808\docs\RS LegalsWAWbit R5- Acces s -Le aLooc 13 THENCE S 59 032'56" E A DISTANCE OF 55.98 FEET TO A POINT OF CURVATURE; THENCE 57.71 FEET ALONG SAID CURVE TURNING TO THE RIGHT RAVING A CENTRAL ANGLE OF 11 001118 , A RADIUS OF 300.00 FEET AND A CHORD WMCH BEARS S 54°0217" EA DISTANCE OF 57.62 FEET; THENCE S 48031'38" E A DISTANCE OF 47.61 FEET TO THE POINT OF TERMINUS. SAID PARCEL CONTAINING 0.843 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTINGNGS STATIONS "SPRADDIV AND "MCLAURIR' WHICH BEARS S 75016'36"E USING COLORADO CENTRAL ZONE (HARK) STATE PLANE COORDINATES (SPC) 83 WrM A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VALLEY THIRD AND FOURTH FILING HAS A ROTATION OF (-OV 36' 39") FROM PLATTED BEAMOS. BRENIT BIGGS PLS No. 27598 '�"�' bow'��'' PREPARED FOR AND ON BEHALF OF PEAK LAND ULTANTS, INC PA1800- 1899U80SWocsW LegelslExbibit RS- Access- LW1&hQl 3 o v Fl , O > z ` a f ,ten cs as o ti Cl a. �. . O J N- \/ice F- ^�. � O� 0 � S� U to z sU, � � J O a z 2 < J J M *Q Q M a Q �a `Z�'J E. z v b M CiL !3 aY�� o o .. v ., M4$0 c°3 m m a LLJ M vz w cm O iD 4cj a. � . � J ..I Z ;P J Q •� Nr` mot\ goo 0.0,n 0 • J * m I Zcan • N. CP ..ao •� � 11 3 „6£.9£ 40N 115•p0 �} v4W 'Wa WUM ILOL /OUZ ' +P'H��v— @t1— llal4x3� o \BpBt \88 @t— o0pt \ =d 10/1/2013 fl, o :5 �1 ¢ 7.5' IL 0 J M -- Li z S < $� o 3 9 t"N �2 % o �M �► M 0 jjq � a N U V r •�• o J / N ` J 1 ' CL :5 AU • l d O z 0 r a, un+n +� ow / o ox CL W CD m 12 'W' -� + , d U- i- aD o a v 0 Co 0I `� O 0 � `YC� ;i ao m N if) V). o t) +4+t' 'YA/ l0�6YsB ZtOZ /9! /L '�P'+ + + »V— SN— tt4f4x3 \�P \909t \8681 - 0061 \ %d 10/1/2013 °o I IN 0 0. zo cz�2 c� � o0M Q Z 1n z� a a VV) / z \` U W z ?� mw > I Ix o a �w \ M CL 0,o 00 OP \ -moo 04 OD .J Z M * im 1 L a 0 \ / 1 rO9� U of J j Y C) W ° �� ° CL g � � ( ryMnn► ►� 1 1 J Li Z O _ �I CZOL z C (Ui 11 / I� w V N V c .p0. ��9 far, ° M 'Jor '1% 90 :9Y:9 21031911L ' P'tttaaY- SB--11014%3 \bMP \QOYt \8891- ppDt \ -d 10/1/2013 Q• U40P 'M U :6r:9 VOi /91/C '6xA•�oo�w— tu- 1141YK3 \BaA \Q09/ \888{— OOp { \ =d 10/1/2013 WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor "), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District "). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings, valve works, meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - WELL (R7) EASEMENT consisting of 2 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non - exclusive within the remainder of this Easement, provided, however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over said the non - exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the water pipe and transmission lines are located or where the District may need to re -drill and /or relocate Well (R7) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re -drill and /or relocate Well (R7); (3) Grantee must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the nonexclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and /or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of any future well house buildings or other structures, which suggestions will be 60601 10/1/2013 considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District for any future facilities on this Easement shall be replaced with a 10 -15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Stan Zemler Town Manager The foregoing Easement was subscribed and sworn to before me this day of , 2013, by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public 10/1/2013 ACCEPTED by the Eagle River Water & Sanitation District this day of , 2013, by Linn Brooks, General Manager. EAGLE RIVER WATER & SANITATION DISTRICT By: Linn Brooks General Manager 10/1/2013 EXHIBIT WELL OM EASEMENT LAIMMMCRIPTION A PARCEL OF LAND LOCATED IN TRACT C, VAIL VILLAGE ELEVENTH FILING, ACCORDING TO THE PLAT RECORDED JULY 26,1971 AT RECEPTION No.116814 TOWN OF VAIL, EAGLE COUNTY, S'T'ATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 3, OF SAID VAIL VILLAGE ELEVENTH FU MG; THENCE S 43 °49'22" E ADISTANCE OF 3494 FEET; THENCE S 54 °06'50" W A DISTANCE OF 150.91 FEET; THENCE S 6904627"W A DISTANCE OF 80.96 FEET; THENCE N 20°13'33" W A DISTANCE OF 65.86 FEET TOA POINT ON TAE NORTH LINE OF SAID TRACT C, THENCE ALONG SAID TRACT C THE FOLLOWING (2) TWO COURSES: 1) N 69°27'13" E A DISTANCE OF 187.81 FEET; 2) N 56019'43"E A DISTANCE OF 25.16 FEET TO TAE P0114T DFBEGINNING. SAM PARCEL CONTAINING 0.276 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNEC 17KO NOS STATIONS "SPRADDLE" AM "MCLAURIN", WHICH BEARS S 75° 16' 36" E USING COLORADO CENTRAL ZONE (HARK) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VILLAGE ELEVENTH FILING HAS ROTATION OF ( -00° 43' 03') FROM PLATTED BEARINGS. �� •' ► • • iA' P: 11800- 1899118081docslExblbit Tract GWelI R7 Legal.di�/ 1 /2013 O r m 10a� E O� CE a = <� Z O M L1 � O Z I � o Z aaZ Fa- Q O W �a \� 5 a 00 ! PV`G�,.�' �9 \`ns `gs, `g0 12 \ NZO'� \ 0-f Z to ZZO V z `y s b '0, _' o° i� ; N r r• ��� 3 0 � 2 N U OO m m h M� h co 2 "m 'Kd ZiFICT ZIWC& /t '6 „P'ta ^)tg14 ;3 \6�P \B08t \6891- 0081\ d 10/1/2013 oft 3 S000 . IN r N Qi M cgs, tat \ ��� 10a� E O� CE a = <� Z O M L1 � O Z I � o Z aaZ Fa- Q O W �a \� 5 a 00 ! PV`G�,.�' �9 \`ns `gs, `g0 12 \ NZO'� \ 0-f Z to ZZO V z `y s b '0, _' o° i� ; N r r• ��� 3 0 � 2 N U OO m m h M� h co 2 "m 'Kd ZiFICT ZIWC& /t '6 „P'ta ^)tg14 ;3 \6�P \B08t \6891- 0081\ d 10/1/2013 WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor "), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District "). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of storing, and distributing water to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the ponds and pond diversion structures, and all underground and surface appurtenances related thereto, together with any and all water pipelines situate therein, and all necessary access for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - POND DIVERSION EASEMENT, EXHIBIT - POND EASEMENT, and EXHIBIT - POND ACCESS EASEMENT consisting of 10 pages attached hereto and incorporated by reference. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that Grantor will at no time permit any easement or structure overlapping this Easement if it interferes with the District's water service obligations. Any change to the ponds on this Easement desired by the Grantor must be approved by the District, and such approval may be withheld by the District if such changes will require any change in the water rights for the ponds. Moreover, the cost of any changes to the ponds requested by the Grantor shall be paid for by the Grantor, including the cost of any changes of water rights. All provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. 60602/2 10/1/2013 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Stan Zemler Town Manager The foregoing Easement was subscribed and sworn to before me this day of , 2013, by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water & Sanitation District this day of , 2013, by Linn Brooks, General Manager. EAGLE RIVER WATER & SANITATION DISTRICT By: Linn Brooks General Manager 10/1/2013 60602/2 EXHIBIT -POND DIVERSION EASEMENT A 10.00 FOOT WIDE EASEM11M LOCATED IN THE NORnMAST QUARTER, NORTHWEST QUARTER OF SECTION 9. TOWNSHIP S SOUTH. RANGE 80 WEST OF THE SIXTH PRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO. SAID EASEMLNT BEING S FEET ON EITHER SIDE OF THE CENTERLINE MORE PARTICULMMYDESCRIBED AS FOLLOWS: 'REORDONG AT A POINT WHENCE THE NORTHEAST CORNER OF TRACT B, VAIL VILLA(A EIGHTH FILINCL A SUBDMSIONRECORDED DEbEMBER 17, 1%5 AT RECEPTION No. 102781, TOWN OF VA14 EAGLE COUNTY, STATE OF COLORADO BEARS N 37°34`15° W ADISTANCE OF 94.66130,38 FEET; THENCE CONTINUIIBGALONG SAID CENTERLINEN24 °11'49'° E ADISTA14CE OF 115.70 FEET TO THE POINTOFTERMi m, SAID PARCEL CONTAINING 0.027 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRMDLE" AND "NICLAURIN ; WHICH BEARS S 73 °16'36" E USING COLORADO CENTRAL ZONE MARK) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VALLE]Y;PM I HAS AROTATION OF (4V 34' 35") FROM PLATTED BEARINGS. PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC P: 11800- 1899118081docs)Ponds\Bnhibit VGC- Diversion B k'46�1.doc a O ll C0 s ZIB O �O iW H to W I U� O 1 g 61 4 l c°9 tg•- 11'21'35~W ?.00 d O r m 1 lG U h ` N r N�= a O ll C0 s ZIB O �O iW H to W I U� O 1 g 61 4 l c°9 tg•- 11'21'35~W ?.00 d O r m 1 lG U ` N O U. O 6 r U*) affil \ ► to N P.Z � � -' m co N Out- IC, \ w W s a 1 Za 1 zn M Z F N X x ,L w E .� ao3 r r U r ;n � � „�v �.._ -- ,�._ � 'x•58 r >o r 4j N O N it] O p a O ll C0 s ZIB O �O iW H to W I U� O 1 g 61 4 l c°9 tg•- 11'21'35~W ?.00 d O r m 1 lG U iJ40P'Wd qa"a S LtOL /6 /L 'BaPYM g9- voWoAla-iiQ14x3 \5"'P \BDBt \6681- OUBt \'d 10/1/2013 O U. O 6 r ' N O N P.Z � � -' m co N Out- IC, r W Za �xo CL z ao3 r r ;n r >o �za + r iJ40P'Wd qa"a S LtOL /6 /L 'BaPYM g9- voWoAla-iiQ14x3 \5"'P \BDBt \6681- OUBt \'d 10/1/2013 EXHIBYT _ POND EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER, SOUTHWEST QUARTER OF SECTION 3, NORTHEAST QUARTER, NORTHEAST QUARTER OF SECTION 9. AND THE NORTHWEST QUARTER, . NORUMST QUARTER OF SECTION 10. TOWNSHIP 5 SOUTH; RANGE 80 WEST OF THE SIXTH PRINICPAL MERIDIAN, COUNTY OF EAGLF, STATE OF COLORADO LYING WITHIN A PARCEL OF LAND DESCRIBED INBOOK 397 ATPAGE 528, BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS: AT THE NORTHEAST CORNER OF LOT 12, VAIL VALLEY THIRD FRMG ACCORDING TO THE PLAT RECORDED AUGUST 30.1977 AT RECEPTION No. 155410, TOWN OF VAT[, EAGLE COUNTY, STATE OF COLORADO; THENCE N 47°20130" W ALONG THE NORTHERLY LINE OF SAID LOT 12 A DISTANCE OF 39.50 FEET; TBENCEDEPARTING SAID NORTH LINE THE FOLLOWING (33) THTRTY- THREE COURSES: 1) N 05 047'30" W ADISTANCE OF 258.62 FEET, 2) N 23045'57'E ADISTANCE OF 62.82 FEET TO A POINT OF CURVATURE., 3) 7.05 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 16009'49", ARADIUS OF 25.00 FEET AND A CHORD WHICH BEARS N 12 °1(Y48" E A DISTANCE OF 7.03 FEET; 4) N 00035'39' E ADISTANCE OF 50.14 FEET TO A POINT OF CURVATURE; 5) 40.07 FEET ALONG SAID CURVE MM41NGTO THE RIGHT HAVING A CENTRAL ANGLE OF 70"3825 ", ARADIUS OF 3150 FEET AND A CHORD WHICH BEARS N 35054151' E ADISTANCE OF 37.58 FEET, 6) N 71 °14`03" E ADISTANCE OF 43.49 FEET TO APOINT OF CURVATURE; 7) 127.27 FEET ALONG SAID CURVE TURNNG TO THE RIGHT HAVING A CENTRAL ANGLE OF 25 048'42 ", ARADIUS OF 282.50 FEET AND A CHORD WHICH BEARS N 84008'24" E ADISTANCE OF 126.19 FEET; 8) S 82'5715' E ADISTANCE OF 118.69 FEET; 9) N 87°4547' E ADISTANCE OF 88.49 FEET TO A POINT OF CURVATURE; 10) 144.79 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 3504048 ", ARADIUS OF 237 - SOFEET AND A CHORD WHICHBEARS S 7402349" E ADISTANC:E OF 142.46 FEET, 11) S 01 "3714" W ADISTANCE OF.50.49 FEET; 12) S 84005'18" E ADISTANCE OF 172.37 FEET; 13) S 76 "44'51" E ADISTANCE OF 24.51 FEET; 14) S 13 01599" W ADISTANCE OF 10.00 FEET; 15) N 76"44'51" W A DISTANCE OF 23.87 FEET; 16) N 84 "05'18" W A DISTANCE OF 174.44 FEEL 17) S 281017" W ADISTANCE OF 64.60 FEET; 18) S 4805729" W ADISTANCE OF 35.66 FEET; 19) S 79"3550" W ADISTANCE OF 69.12 FEET; 20) N 8401619" WA DISTANCE OF 60.56 FEET, 21) S 27"48'06" W ADISTANCE OF 82.95 FEET; 22) S 49039112"E ADISTANCE OF 41.84 FEET; 23) S 83 "45'55" E ADISTANCE OF 111.59 FEET; 24) N 73 "07'07" E ADISTANCE OF 125.47 FEET; 25) S 62028'58" E A DISTANCE OF 32.39 FEET; 26) S 25"37'27" W ADISTANCE OF 41.64 FEET; 27) S 46"2632" W A DISTANCE OF 65.57 FEET; 28) S 68056'33' W ADISTANCE OF 30.83 FEET; 29) S 49"25'08" W A DISTANCE OF 58.59 FEET; 30) S 33"2233" W A DISTANCE OF 194.52 FEET; 31) S 68002'24" W A DISTANCE OF 5798 FEET; 32) N 70"56'00' W A DISTANCE OF 94.17 FEET', 33) S 79052'56" W ADISTANCE OF 43.34 FBETTO APOINT ON THENORTH LINE OF AN EXCEPTED PARCEL AS DESCRIBED IN BOOK 307 AT PAGE 611; THENCE N 4702028" W ALONG SAID NORTH LINE A DISTANCE OF 183.44 FEET TO THE POINT OF BEOINNINd. SAID PARCEL CONTAINING 5.812 ACRES MORE OR LOSS P: \1800. 1899\ 1808 Woes \Ponds%ddbTt.VGC -Pond•Leggl&6 /2 013 THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADDLE" AND ` MCLAURIN' '%II CH BEARS S 75 °16'36° B USING COLORADO CENTRAL ZONE (HARN) STATE PLANE COORDDT&S (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. BRENT BIGGS PLS No. 27598 PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC P: 11900- 189911808\dOCSTOnd$%Xhibit -VGC Pond- Lcg8i4W2 ©13 :3 Zo 0 O z 51J. V Cr N, 15 a F- W v� J y O'er •r• v� � U. ti 3 o > a OD nuN Op a ¢ a � Q m d N Wt/ - .� o G3' / rn > .. 00 C n N / W P, w W co n � � �a CO sly 0 9 ��1� a � '� •Op. i U b +�o� N co 41 � 1 a �U h lo a a o U g M \ � ZZp (�86 ' Otld iV 9L£ 8) 05'47 30 "W - 258' t (3 21f1r�it V IdNft i� i N \ 1 J O U49P'VN St S0 6 ZtQZ /91 /L '6Mp epu�d- �1CI4K3 \�P \80i1 \68Bt -000I\ d 10/1/2013 10/1/2013 N NT WY 1£1601 UWAI1 /L'6Mptpuod ^1fQ14�3 \6�P \Q091 \8891 -OOBt\ d o�. • .. r. Q s+- m N n W m d Z w lb. h - n . Ol f of 10/1/2013 N NT WY 1£1601 UWAI1 /L'6Mptpuod ^1fQ14�3 \6�P \Q091 \8891 -OOBt\ d E7UMIT - POND ACCESS EASEIV [EW A 15.00 FOOT WIDE ACCESS EASEMENT LYING 7.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED IN THE NORTH HALF OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SDCIH PRI MCPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, LYING WITHIN A PARCEL OF LAND DESCRIBED IN BOOK 376 AT PAGE 985. THE SIDES OF SAID EASEMENT LENGTHENS AND SHORTENS AT IT'S BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRMEDAS FOLLOWS: BEGINNING AT A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF SUNBURST DR= WHENCE THE SOUrIM ST CORNER OF THE NORTH-HALF OF THE NORTH HALF SECTION 9 BEARS S67°53'40 "E A DISTANCE OF 1193.74 FEET, THENCE S 83053117" E ADISTANCE OF 88.19 FEET TO APOINNT OF CURVATURE, THENCE 43.58 FEET ALONG SAID CURVE TURNINGTO THE LEFT HAVING A CENTRAL ANGLE OF 55029'27 ", A RADIUS OF 45.00 FEET AND A CHORD WHICH BEARS N 68°22'00" E A DISTANCE OF 41.90 FEET; THENCE N 40°37'16" E A DISTANCE OF 82.30 PEET TO A POINT OF CURVATURE; THENCE 30.53 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 26010'08 ", A RADIUS OF 110.00 FEET AND A CHORD WHICH BEARS N 27027'42" E A DISTANCE OF 50.09 FEET; THENCE N 14 018'08" E A DISTANCE OF 18.74 FEET TO A POINT OF CURVATURE; THENCE 121.05 FEET ALONG. SAM CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 3903755 ", A RADIUS OF 175.00 AND ACHORD WHICH BEARS N34 °07'05" E ADISTANCE OF 118.65 FEET; THENCE N 53 °56'03" E A DISTANCE OF 96.01 FEET TO APOINT OF CURVATURE; THENCE 61.73 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING CENTRAL ANGLE OF 32°09'03 ", A RADIUS OF 110.00 FEET AND A CHORD WHICH BEARS N 37 °51'31" E ADISTANCE OF 60.92 FEET; THENCE N21 °4700" E A DISTANCE OF 54.84 FEET TO A POINT OF CURVATURE; THENCE 50.40 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 170300 ", A RADIUS OF 165.00 FEETAND A CHORD WHICH BEARS N 30°32'05" E A DISTANCE OF $0.21 FEET, THENCE N 39°17110" E A DISTANCE OF 42.42 FEET TO A POINT OF CURVATURE, TIJENCE 78.22 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING ACENTRAL ANGLE OF 29 °52144 ", A RADIUS OF 150.00 FEET AND A CHORD WHICH BEARS N 54 013"32" E A DISTANCE OF 77.34 FEET, THENCE N 69°09'34" E A DISTANCE OF 66.13 FEET TO APOINT OF CURVATURE, THENCE 63.43 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 19638'45", A RADIUS OF 185.00 FEET AND ACHORD WHICH BEARS N 5902031"B A DISTANCE OF 63.12 FEET TO A POINT OF REVERSE CURVATURE, THENCE 85.97 FEET ALONG SAID REVERSE CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 37°53'18 ", ARADIUS OF 130.00 FEET AND A CHORD WHICH BEARS N 68°2748" E A DISTANCE OF 8441 FEET; THENCE N 87°24'26" E A DISTANCE OF 54.36 FEET TO A POINT OF CURVATURE; THENCE 27.94 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVINO A CENTRAL ANGLE OF 8°00'16 ", A RADIUS OF 200.00 FEET AND A CHORD WHICH BEARS N 83°24'18" E A DISTANCE OF 27.92 FEET; THENCE N 79°24'10" E A DISTANCE OF 92.57 FEET TO A POINT OF CURVATURE, THENCE 73.78 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 21°08'11 ", ARADIUS OF 200.00 FEET AND A CHORD WHICH BEARS N 68 °50'05" E ADISTANCE OF 73.36 FEET; THENCE 59029'13" E A DISTANCE OF 63.86 FEET TO A POINT OF CURVATURE; THENCE 109.10 FEET ALONG SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 35 °43'16 , A RADIUS OF 175.00 FEET AND A CHORD WHICH BEARS N 4103735" E A DISTANCE OF 107.35 FEET, THENCE N 2304557"E A DISTANCE OF 34.24 FEET TO THE DINT OF TERIu DW, SAID PARCEL CONTAINING 0.502 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTINGNOS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 75016'319'E USING COLORADO CENTRAL ZONE (HARD STATE PLANE COORDINATES (SPQ 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VALLEY THIRD AND FOURTH FILING HAS AROTATION OF (-000 36'39") FROMPLATTED BEARINGS. ,?pyyawwpj*,,,_ PREPARED FOR AND ON BEHALF OF PEAK LAND l ?pj AN'TS, INO P: 11800- 1899U808Woos\PondsNExhibit Pond - Access -Lag oa JO 9W l� `jf U O s� O 0 J a J ul V) U') / J \` N N 0 J m V Q 1 ` U tfn)� C. �O � L n N J z° i'? R m n 4 1 ti n � a � U � a a z O;e J M > O v O z 0. �c r OJ in U Q J N �O a m / of h f- � a M 10/1/2013 `41 OrO t,�rls U N J G� 115.00. �a M O m xma o m� %05 z C> !C M w<g gg.R U'oN N vZ W J W � J �p� U40' "rid 0:9M ZIOZ /OC /L '�P uooeV -SP��d •114!4 \OrP \BO ®L \88Bt- DODL \:d �V) m � co mm mQ o QN �h C. �O � L n N J z° i'? R m n 4 1 ti n � a � U � a a z O;e J M > O v O z 0. �c r OJ in U Q J N �O a m / of h f- � a M 10/1/2013 `41 OrO t,�rls U N J G� 115.00. �a M O m xma o m� %05 z C> !C M w<g gg.R U'oN N vZ W J W � J �p� U40' "rid 0:9M ZIOZ /OC /L '�P uooeV -SP��d •114!4 \OrP \BO ®L \88Bt- DODL \:d • I I � J � � IN re LLI a o^ I c� z o X0+1 ° �J M ( I �� O Op Oy le 0 ca oaf � N <C i owe cz M \ az�m aa.. { g� j x z r p 0 W CL Q ow a � a. S i I o 0 �5• �\ to / J I y r o Il ' l C9 � to •••• Za In to cm CL 1 , � C 0 Q J 0 z _j JZ * m �{ m IIU\,` X20 o v ` NU uw '"d ZVL£:4 9401MA 'O*P'"sz *Y— $P- d-1191W3 \SMP \9091 \8881 ^009t\:d 10/1/2013 u4W' 'Wd GOT91 SIOB /£l /L '5mP'mw 3V- SPUed- tlQl4x3 \5*P \909L \66 8l -0091\ d 10/1/2013 SEWER MAIN EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor "), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District "). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and to permit the District to provide cost effective sewer service, the Grantor does hereby grant, convey and quitclaim unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the sewer mains and all appurtenances related thereto, together with a perpetual non - exclusive easement for all necessary access rights -of -way for convenient ingress and egress thereto and therefrom, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBITS - SEWER MAIN EASEMENTS (A), (B), (C), (D), (E) & (F) consisting of 12 pages, attached hereto and incorporated by reference. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that Grantor will at no time pen-nit any building or other permanent improvement to be hereafter constructed over said Easement; provided, however, that any feature of the Vail golf course that does not consist of a building or other structure can overlay the sewer lines as long as they do not unreasonably interfere with the District's sewer service obligations. All provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: LIM Stan Zemler Town Manager 10/1/2013 60602 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of , 2013, by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water & Sanitation District this day of , 2013, by Linn Brooks, General Manager. EAGLE RIVER WATER & SANITATION DISTRICT By: Linn Brooks General Manager 10/1/2013 EXHIBIT - SEWER MAIN EASEMENT (A) EASEhdENT DESCRIPTION A 25.00 FOOT WIDE ACCESS EASEMENT LYING 12.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LOCATED IN THE SOUTH HALF OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRIHICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO. THE SIDES OF SAID EASEMENT LENGTHENS AND SHORTENS AT IT'S BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT F, VAIL VILLAGE ELEVENTH FILING, ACCORDING TO THE PLAT RECORDED JULY 26,1971 AT RECEPTION No. 116816, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO; THENCE ALONG THE WESTERLY LINE OF SAID TRACT F THE FOLLOWING (2) TWO COURSES: 1) S 00 °38'06" WA DISTANCE OF 26.93 FEET; 2) S 31°29'16" WA DISTANCE OF 9.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID WESTERLY LINE OF SAID TRACT F THE FOLLOWING (7) SEVEN COURSES: 1) N 89°26'07" W A DISTANCE OF 913.74 FEET; 2) S 77 °12'43" WA DISTANCE OF 416.04 FEET; 3) S 54 °2718" W A DISTANCE OF 155.05 FEET; 4) S 73 °01'42" W ADISTANCE OF 189.11 FEET; 5) S 40 °41'59" W A DISTANCE OF 134.83 FEET; 6) S 13°046" E ADISTANCE OF 83.60 FEET; 7) S 43°34'44" W A DISTANCE OF 207-74 FEET TO POINT ALONG THE NORTHERLY BOUNDARY OF TRACT A. KATSOS RANCH MINOR SUBDIVISION, ACCORDING TO THE PLAT RECORDED FEBRUARY 11, 2004, AT RECEPTION No. 867647, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO ALSO BEING THE POINT OF TERMINUS. SAID PARCEL CONTAINING 1.202 ACRES MORE OR LESS. THE ABOVE DESCR BED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 75° 16' 36" E USING COLORADO CENTRAL ZONE OW".STATE PLANE COORDINATES (SPC) 83 VM A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VILLAGE ELEVENTH FILING HAS ROTATION OF (•00° 43103") PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC P:11800- 1899%18081d0csW0wer M9"xhibit- VGC -Swa/ 4A,.doa w f a W w V ct°v °' 'rs ;1 : F- Z ao �t-i i I r n moo V�cn a po ,� ? i N z w w ° S z a c ix r4 Li pr4 c, w� z 2 -i 1 0041! o Q E+ In os .., w to 2 IMcr CL iM g w t-- coo C' n J Q fn s!• Cl..�n ^n a Z rnz Q y z v z O •d ;7 O N � M n N v O.$ (/1 Z o 11"' � 04 � •i QG ,� CV M♦O .ake.� w W W 0 � �• s+s N sn� to � Q Z y c LLI i (n o CD co IL< � Qj � V% � 0 �7 N +nd• p t i p�� a U W to Q Z � 61Oo 3 >P� n Q N p 204 cn 3n y VcZ •-t2 �O0 � z M v v UWP '"d WRVIN ZlOL /6A 'S"P'l {M wa} -ulnly ��x�s -O•,M- 1!9!4x3 \6MP \908t \8681 - 0091\ d 10/l/2013 . EXHIBIT - SEWER MAIN EASEMENT (B) A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRI ICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- BEGINNING AT TIRE SOUTHEASTERN MOST CORNER OF TRACT A, KATSOS RANCH MINOR SUBDIVISION, ACCORDING TO TW PLAT RECORDED FEBRUARY 11, 2004, AT RECEPTION No. 867647, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO WHENCE THE SOUTH QUARTER OF SECTION 3 BEARS S 8804625" E A DISTANCE OF 1 056.85 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT A THE FOLLOWING (2) TWO COURSES: 1) N 63°39'40" E A DISTANCE OF 663.36 FEET; 2) N l r44W" E A DISTANCE OF 137.04 FEET TO THE MUM POINT OF BEGHNNING: THENCE CONTINUING ALONG SAED WESTERLY LINEN 1704427" E ADISTANCE OF 74.59 FEET, THENCE DEPARTING SAID WESTERLY LINE TIRE FOLLOWING (2) TWO COURSES: 1) N 37°19'24" E ADISTANCE OF 55.54 2) N4303444" B A DISTANCE OF 31.24 FEET TO A POINT ON SAID WESTERLY LINE; THENCE CONTINUING ALONG SAID WESTERLY LINE AN SV44127H E A DISTACCE OF 95.58 FEET, THENCE DEPARTING SAID WESTERLY LINE THE FOLLOWING (2) TWO COURSES: 1) S 43 °34'44" WA DISTANCE OF 122.14 FEET; 2) S 37 01924" W A DISTANCE OF 124.45 FEET TO THE TIt POINT OF BEM NWO. SAID PARCEL CONTAU41NO 0.096 ACRES MORE OR LESS. A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SMH PRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERN MOST CORNER OF TRACT A. KATSOS RANCH MINOR SUBDIVISION, ACCORDING TO THB PLAT RECORDED FEBRUARY 11, 2004, AT RECEPTION No. 867647, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO WHENCE THE SOUTH QUARTER OF SECTION 3 BEARS S 88 °4625" E A DISTANCE OF 1056.85 FEET, THENCE N 63 °3940" E ALONG THE WESTERLY LINE OF SAID TRACT A, A DISTANCE OF 157.63 FEET; THENCE DEPARTING SAID WESTERLY LINE S 5605T49" W A DISTANCE OF 129.56 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT A; THENCE CONTINUING ALONG SAID SOUTH LINE N 88 °4625" W A DISTANCE OF 32.65 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.027 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENTS BASIS OF BEARING IS THE LINE CONNECTING NOS STATIONS "SPRADDLE" AND "MCLAURRr, WHICH BEARS S 750 16' 36" E USING COLORADO CENTRAL ZONE (HORN) STATE PLANE COORDINAr (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. PREPARED FOR AND ON BEHALF OF PEAKWANTS, INC P:1 1800 -1899118081docslSewer NWn\Exhibit�KATSOS4ftW Nbin.doc ! 1 S LL. ,11 a Z ►- w \\ y O LAO IL a LO O O U L O w ! S m w o o co P4 IZ N N Qaz f�O� 60 a, 4 \ In CR 0 OD CL Ir iD • �t N •d• \ \~ 1 �� T i R z \ •..�. O \ u+m►�e m �Q mz ce Ric. �� .00.0 -on — M t'Z.t•£ 005 M I $ 29 1 , I t' v " z UtW 'Wd 90 ri7ll LIOL /5 /L bIAA•t{M w0j)— tilo}r �.NaS 0�_71gi4 \6MP \gOBt \8881- 0081\ d 10/1/2013 EXHIBIT - SEWER MAIN EASEMENT (C) EASEMENT DESCRIPTION A PARCEL OF LAND LOCATED IN TIM SOUTH HALF OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SUM PRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BES%INNNG AT TEE SOUTHBASTERN MOST CORNER OF TRACT A, SATSOS RANCH MINOR SUBDIWSION, ACCORDING TO THE PLAT RECORDED FEBRUARY 11, 2004, AT RECEPTION No. 867647, TOWN OF VAII, EAGLE COUNTY, STATE OF COLORADO WHENCE THE SOUTH QUARTER OF SECTION 3 BEARS S 8804625' E A DISTANCE OF 1056.85 FEET; THENCE N 8804025" W ALONG THE SOUTH LINE OF SAID SECTION 3 DISTANCE OF 12.96 FEET; THENCE; DEPARTING} SAID SOUTH LINE THE FOLLOWING (3) THREE COURSES: 1) N 36 °ST49" E A DISTANCE OF 216.11 FEET; 2) N 64 °12'38" E A DISTANCE OF 352.90 FEET; 3) N 37 °19724" E A DISTANCE; OF 280.72 FEET TO A POINT ALONG THE WESTERLY LINE OF SAID TRACT A; THENCE S 17044!27"W ALONG SAID WEST LINE ADISTANCE OF 74.59 FEET. THENCE DEPARTING SAID WEST LINES 37 019'24" W A DISTANCE OF 221.89 FEET TO A POINT ON SAID WEST LINE, THENCE S 63039'40" W ALONG SAID WEST LINE A DISTANCE OF 359.84 FEET TO A POINT ON SAID SOUTH LINE OF SAID TRACT A, ASLO BEING THE PODIT OF BEGINNING. SAID PARCEL CONTAINING 0.470 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NGS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 750 10 36" E USING COLORADO CENTRAL ZONE (BARN) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. PREPARED FOR AND ON BEHALF OF PEArDN"MULTANTS, INC P.11800. 18991180SIdocslSewerMakWxhibiwVGC -99ie tttli-C.doc 1 N ,111 ;� rp►r�� o 1 �ti Z zo O Z % tit ro • W wo In 0 960 t. w`�.j . •r FzC N � w 0 1�1ti`��t'� m Nti1 n v }�--N O 1 0 LL 0 1" N4 V) Zw 000 CO N W 0 m di is Z N e7 � b0 Obi W O 1 3 a Z all �< z .00•OOZt. - majFZ. *,£.00s 0 a < "' C g f `-o + t if + o QFrn < v U4q' 'iVd K:C* =Z1 ZIOZ /G /L '11AP•ttM woil —uItlW �9MO5 —�M- 11414 3 \aNP \QODt \8681 —OODI\ d 10/1/2013 EMBIT -SEWER MAIN EASEMENT (D) EASEMENT DES�OTN A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER, NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGjj�1N1NG AT THE SOUTHEASTERN MOST CORNER OF TRACT A, KATSOS RANCHMINOR SUBDIVISION, ACCORDING TO THE PLAT RECORDED FEBRUARY 11, 2004, AT RECEPTION No. 867647, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO WHENCE THE SOUTH QUARTER OF SECTION 3 BEARS S 88 °46`25" E A DISTANCE OP 1056.85 FEET; THENCE S 8804625" E A ALONG THE SOUTH LINE OF SAID TRACT A, A DISTANCE OF 32.65 FEET; THENCE DEPARTING SAID SOUTH LINE THE FOLLOWING (3) THREE COURSES: !) S 56 °57'49" W A DISTANCE OF 37.68 FEET, 2) S 70°09'11" WA DISTANCE OF 159.79 FEET, 3) S 59 148'11" WA DISTANCE OF 115.83 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER, NORTHEWEST QUARTER, OF SAID SECTION 10, ALSO BEING A POINT ON THE EAST LINE OF TRACT A, VAIL VALLEY FOURTH FILING ACCORDING TO THE PLAT RECORDED NOVEMBER 6,1979 AT RECEPTION No. 190679, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; THENCE N 00°347" E ALONG SAID EAST LINE A DISTANCE OF 29.10 FEET' . THENCE DEPARTING SAID EAST LINE THE FOLLOWING (2) COURSES; 1) N 59°48'11" E A DISTANCE OF 10321 FEET; 2) N 70"09'11" E A DISTANCE OF 156.17 FEET TO APOINT ON THE NORTH SECTION I= OF SAID SECTION 10; THENCE S 88 °4625" E ALONG SAID NORTH LINE ADISTANCE OF 12.96 FEET TO THE SAID PARCEL CONTAINING 0.165 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NGS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 750 16'36" E USING COLORADO CENTRAL ZONE WARN) STATE PLANE COORDINATES (SPONAMMA GALE FACTOR OF 1.00041186. BRENT BIGGS PLS No. 27598 PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC P: 11800- 1899\180Mdocs\SewerMainWxbibit VGC.SgQ4f4in D.doo LA. 66 <� �� m om a CD Ix Inc p ¢_ ¢ SNP � o `' ` c►,. v o°, o Ix a N zw >-iEn ui in S � _ co 00 Fa b LO > ° r QN vU - t � 68 \ \\ w 41 \ v n t'V ~ zw to � cs'f t7; Z , vsm P I �o 8m O Wr U) Zoe L6 w a N � A .00'0on - M.*t,ti£.00S Z to D"i t I a v O N c I '� N S 2gI n Z z I p 12 LL- to Q} IJOP *N SS:91,11L 91oz /s /c '6yp'IuU —ruioW ,o•as_��-uvva\ P \sues \aegis- ooec \:a 10/1/2013 EXHIBIT - SEWER MAIN EASEMENT (E) EMEN'P DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER, NORTHWEST QUARTER OF SECTION 10, TOWNSHIP S SOUTH, RANGE 80 WEST OF THE SDnu PRINICPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT A, VAIL VALLEY FOURTH FILING ACCORDING TO THE PLAT RECORDED NOVEMBER 6,1979 AT RECE MON No. 190679, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO WHENCE THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTH HALF SECTION 9 BEARS S 48025102" W ADISTANCE OF 1766.06 FEET, THENCE S 78 059113" W ALONG THE NORTH LINE OF SAID TRACT A. A DISTANCE OF 49.85 FEET; THENCE DEPARTING SAID NORTH LINE N 59 °48'11" E A DISTANCE OF 56.63 FEETTO APOINT ON THE EAST LINE OF THE NORTHWEST QUARTER, NORTHWEST QUARTER OF SAID SECTION 10, THENCE S 00°34'24" W ALONG SAID EAST LINE A DISTANCE OF 19.06 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.011 ACRES MORE OR LESS. THE ABOVE DESCRIBED BASEMENT BASIS OF BEARING IS THE LINE CONNECTING NGS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 75° 16' 36'E USING COLORADO CENTRAL ZONE (HARD STATE-PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VALLEY FOURTH FILING HAS A ROTATION OF (-00° 36'3V) FROM PLATTED BEARINGS. ..rIMM1�!MWi�. BRENT BIGGS PLS No. 27598 PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC P. \1800- 1SMI808)doastS war MeinWx &it- VGC -Sd*kt E.doe 1, l 8 0 z ui � p z All `\ z[rQ 0: \�\ cn W • �• \1 14` 0 � Ix g o W. 11wr V�� U.00 '~HO _nT� Z � � .F N may` 111` 8 N z w � 0) lot Q M tD >00 m � W 0 owl ' \ \ MOWN, rr \ $ , ••••.• IeA °y � • +� � N NfHtti �y o m w imp Z8 {y�y Ir ` r ,QO'UOZI - M 4Z,�£.D05 r z ` �•zas V ry p7 (Q a p Z $N ui U40P 'rid OV911:9t VOZ /6 /t 'UV LM 10/1/2013 EXHIBIT - SEWER MAIN EASEMENT (F) ASEM$NT DESCRIPTION AN EASEMENT LOCATED IN TRACT E, VAIL VILLAGE, SEVENTH FILING ACCORDING TO THE PLAT RECORDED DECEMBER 17, 1965 AT RECEPTION NO. 102780, AN UNPLATTED PARCEL IN THE NW 1/4, NE 1/4, NW 1/4, SE 1/4, NW 1/4, N 1/2 AND NW 1/4, NWI /4, SE 1/4, NW 1/4 LOT 1, AND IN TRACT A, VAIL VILLAGE, EIGHTH FILING ACCORDING TO THE PLAT RECORDED DECEMBER 17, 1965 AT RECEPTION NO. 102781, TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ALONG THE SOUTH LINE OF TRACT A, ALSO BEING THE SOUTH LINE OF THE NORTH HALF, NORTHWEST QUARTER OF SECTION 9, WHENCE THE NORTHEAST CORNER OF THE NORTH HALF, SOUTHWEST QUARTER, NORTHWEST QUARTER OF SAID SECTION 9 BEARS S 88 057'25" E A DISTANCE OF 6.06 FEET; THENCE DEPARTING SAID SOUTH LINE N 39 050153" E A DISTANCE OF 91.52 FEET TO A POINT ON THE WEST LINE OF LOT 1, BLOCK 3, VAIL VALLEY FIRST FILING ACCORDING TO THE PLAT RECORDED FEBRUARY 17, 1987 AT RECEPTION NO. 353958; THENCE S 30 027'25" E ALONG SAID WEST LINE A DISTANCE OF 55.55 FEET, THENCE DEPARTING SAID WEST LINE S 42 058'07" W A DISTANCE OF 32.19 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT A; THENCE S 42 058'07" W A DISTANCE OF 62.15 FEET, THENCE N 88 °06'28" W A DISTANCE OF 17.03 FEET TO A POINT ON THE EAST LINE OF SAID TRACT E, VAIL VILLAGE, SEVENTH FILING, THENCE S 40 °53'33" W A DISTANCE OF 124.24 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF VAIL VALLEY DRIVE; THENCE N 78'41'13"W ALONG SAID NORTH RIGHT -OF -WAY LINE A DISTANCE OF 35.83 FEET; THENCE DEPARTING SAID NORTH RIGHT -OF -WAY LINE N 39 °50'53" E A DISTANCE OF 173.22 FEET TO THE NORTH LINE OF SAID TRACT E, ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.228 ACRES MORE OR LESS THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NGS STATIONS "SPRADDLE" AND "MCLAURIN", WHICH BEARS S 75° 16'36" E USING COLORADO CENTRAL ZONE (HART) STATE PLANE COORDINATES (SPC) 83 WITH A SCALE FACTOR OF 1.00041186. tl --1- 1'..41070 PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC P: \1800 - 1899 \1808\doos\ExMbit - Water - Sewer -Tract A VV- 8th.doc 10/1/2013 � a $ Z am Q o ° Z � n Z O J LLJ P: > z Z 00 �I� NW cy H O a. .d• H,tyff� VOi � � � to W � S :� W 7 0 Z 3 W W �� � 111tJ+•:�� I ( N O '00 N LO M p EO 0) N W a N cD q- i I E q V S ��G n cn --- pq o cu i7 m o 0� 0 5 c°n It Lo 19 z \ `-\ 1^ w N z c� 0 w vwZ v 0 0 z ti� °d 5 v a " i� V� o L 10.0 NOS' 485' NOS'48 44 133.79 Go p > �� p0 NN rn PLO r ?R cn C)ar0 ;n wwLOc°Q 0 r � ppp z N z �za N w D Q 0 vwi z z > z �o 3°- Qa w > uw Q wm w a ov w z � nN /Onl -� 3ld-4OP 'Wd ZGOW£ £1OZ /9/6 '6M0'41HhA -»Ma5- o)oM- lIQ!4x3 ^A HGH1 6681 -OOBt ?d TOWN OF 0 VAIL � Memorandum To: From: Date: Subject Vail Town Council Vail Local Marketing District October 1, 2013 Vail Local Marketing District 2014 Operating Plan and Budget BACKGROUND The Vail Local Marketing District (VLMD) approved the 2014 Operating and Plan and Budget on September 17, 2013 and there have been no changes since then. The mission of the Vail Local Marketing District is to market and promote Vail to attract overnight destination guests primarily during the May — October time frame, creating economic vitality by increasing both the visitor base and sales tax revenues. Results to date show an increase in sales tax collected, room nights and event attendance over the summer of 2012. The marketing objectives outlined in the VLMD operating plan are: Continue the momentum and build on the powerful leadership position of the year -round Vail brand in order to: • Increase May — October occupancy • Increase sales tax revenue • Increase group occupancy • Optimize visitor mix • Increase net promoter score • Increase Vail brand awareness BUDGET DETAIL Revenue from lodging tax collections is estimated at $2,600,000 for 2014. The assumptions for this projection are consistent with the town's expected sales tax revenue for 2014. Regarding expenditures, the attached budget proposal includes $2,800,000 for 2014 programs. The ending fund balance currently present of $946,570 is 36% of annual revenues, Council directive is 25% of annual revenues. The following shifts are recommended from the 2013 forecast to the 2014 10/1/2013 budget to address recent successes and opportunities and to achieve the outlined marketing objectives: • Destination budget increases 16% to provide emphasis in key markets domestically in an effort to optimize overnight guests as part of the visitor mix • International budget stays flat, recognizing successes from 2013 and building on the inroads made in the Latin American /Mexican markets • Front Range budget decreases 11 % to shift emphasis to destination overnight guests • Groups and Meetings budget increases 6% to provide additional emphasis on medical meetings, corporate meetings and participatory sports tournaments as well as a new collateral piece for the meetings market trade shows • PR budget stays intact to maintain a prominent presence regionally, nationally and internationally • Research budget decreases $40,000 because Burke Brand Research study was done in 2013 and is only scheduled every other year • Photography /video increases by $25,000 (31 %) to continue to build the archives with new and exciting still shots and video opportunities • Branding increases 38% ($30,000), partially due to savings in 2013 and also to evolve the look and feel for summer to be parallel to and consistent with ski season branding • Professional Fees increase 2% • Event Marketing increases by 4% for expanded scope of work for the event liaison and with a placeholder for the USA Pro Challenge The budgetary changes outlined above reflect the goal of shifting dollars to attract more overnight destination guests to Vail through additional outreach and programs in 2014. III. ACTION REQUESTED OF VAIL TOWN COUNCIL VLMD recommends that the Vail Town Council approve the 2014 Operating Plan and budget of $2,800,000. Town of Vail 10/1/2013 Page 2 Income 310 Lodging Tax 399 Interest Income Total Income Expense 6301 • Destination 6302 • Front Range 6303 • Groups and Meetings 6304 • Public Relations Expenses 6306 • Photography / Video 6307 • Research 6308 • Web Site 6310 • Admin Miscellaneous 6315 • Email Marketing 6320 • Branding 6400 • Contingency 7000 • Professional Fees 7001 • Legal and Accounting 7003 • Advertising Agent Fees 7007 • Marketing Coordination -TOV 7007 • Marketing Coordination -VVP 7008 . Professional Fees 7011 • Partnership Fees 7015 • Ft Range Promotion Fees Total 7000 • Professional Fees 9000 • Special Event Funding 9000.01 • Pro - Cycling Challenge 9000.02 • New Iconic Event Marketing Total 9000 • Special Events Total Expense Net Income Beginning Fund Balance Ending Fund Balance %age Fund Balance (25% required) Vail Local Marketing District 2014 Operating Plan 2012 2013 2013 2014 Actual Amended Forecast Proposed 2,452,910 2,200,000 2,500,000 2,600,000 289 1,200 800 2,000 2,453,199 2,201,200 2,500,800 2,602,000 611,842 806,500 820,350 954,342 393,022 405,000 424,843 380,000 420,844 537,500 537,500 570,000 103,249 92,000 92,000 92,000 100,000 111,500 80,000 105,000 97,425 110,725 110,725 70,158 45,000 45,000 45,000 45,000 3,193 7,500 7,500 7,500 12,257 4,000 4,000 4,000 30,000 102,000 80,000 110,000 20,000 20,000 20,000 22,000 50,000 50,000 50,000 50,000 85,000 85,000 85,000 90,000 40,000 40,000 40,000 40,000 93,000 110,000 110,000 110,000 44,375 30,000 30,000 30,000 332,375 335,000 335,000 342,000 11,666 100,000 100,000 100,000 58,334 15,000 15,000 20,000 70,000 115,000 115,000 120,000 2,219,207 2,671,725 2,651,918 2,800,000 233,992 (470,525) (151,118) (198,000) 1,061,696 1,295,688 1,295,688 1,144, 570 1,295,688 825,163 1,144,570 946,570 53% 37% 46% 36% 10/1/2013 3 RESOLUTION NO. 12 SERIES OF 2013 A RESOLUTION APPROVING THE OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, C.R.S. §29 -25 -110 requires the Council's annual approval of the operating plan the Vail Local Marketing District (the "VLMD "). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2014, and ending on the 31St day of December, 2014. Section 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 st day of October, 2013. Andrew P. Daly, Town Mayor Attested: Tammy Nagel, Acting Town Clerk Resolution No. 12, Series of 2013 10/1/2013 ORDINANCE NO. 14 SERIES 2013 AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE WITH STATE LAW 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 municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Colorado General Assembly recently passed House Bill 13- 1060, which increased the maximum fine available under state law for violations of municipal ordinances; and WHEREAS, the Town Council desires to amend the Vail Town Code to allow for an increase of the maximum fine amount available thereunder to correspond with the maximum fine amount available under state law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1 -4 -1 of the Vail Town Code, the general penalty for all code violations, is hereby amended as follows: A. Violation and Punishment. 1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any section of this code shall be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) none h ninety nine dollars ($999.00), or by incarceration not to exceed one hundred eighty (180) days or by both such fine and incarceration. 2. Any person under eighteen (18) years of age convicted of violating any provision of this code may be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) nine "ew ninety none dollars ($999.00). Any person under the age of eighteen (18) years convicted of violating any provision of the model traffic code adopted by section 7 -1 -1 of this code may be punished by a fine of not more than three hundred dollars ($300.00) or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration. Any such person shall be guilty of a separate offense for each and every day during Ordinance No. 14, Series of 2013 10/1/2013 any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. Section 2. Section 4- 12 -20.A of the Vail Town Code, imposing penalties for violations of the sexually oriented business regulations, is hereby amended as follows: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this chapter, and any such violation shall be subject to the penalties set forth in Section 1 -4 -1 of this Code awe net to need nine hi Rdre�Rety nine dollars ($999 00) and rrvr— c�eiCccc.�— riTi�rrcrncrr czyrrn�— crvrrar���,.�.»v�arrcr imprisonment for a period net to eVneed one hundred eighty (1 80) days, nr hnaGti fine and imprisonment' provided that no ppersn acr the age of eighteen years of age shell he si bjent to imprisonment Each and every day of violation of the provisions of this chapter shall constitute a separate offense punishable as such. Section 3. Section 6 -3H -11 of the Vail Town Code, imposing penalties for assault weapons violations, is hereby amended as follows: 6- 3H -11: PENALTY: Any person who is convicted of violating any provision of this Article shall be punished as provided in Section 1-4-1 of this Code !Wy -. flil-le 'Af W&A M1*41 lfidk� • •• EJUN Section 4. Section 6 -4 -23.13 of the Vail Town Code, imposing penalties for animal control violations, is hereby amended as follows: B. The above - stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1 -4 -1 of this Code one hundred eighty (180) days in i -il Section 5. Section 6- 4A -10.B of the Vail Town Code, imposing penalties for carriage violations, is hereby amended as follows: B. Imposition Of Penalty; Revocation Of Permit: The above stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1 -4 -1 of this Code fine pre„i °inn° of up to as one thousand i i and/or p to one hundred eighti (180) days OR jail. There shall be a mandatory revocation of a carriage operation's permit upon a third violation of this article within an eighteen (18) month period of time. Section 6. 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 Ordinance No. 14, Series of 2013 10/1/2013 of the remaining portions of this ordinance; and the 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 7. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. The amendment of any provision of the Town Code 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. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 2013 and a public hearing for second reading of this Ordinance set for the 1St day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 14, Series of 2013 10/1/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 1, 2013 ITEM /TOPIC: Town Managers Report: PRESENTER(S): Stan Zemler 10/1/2013 rowH Of vnKK i i1 rowH Of vnKK i i1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 1, 2013 ITEM /TOPIC: First reading of Ordinance No. 15, Series 2013, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2014 through December 31, 2014 PRESENTER(S): Stan Zemler, Judy Camp, Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 15, Series 2013 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 15, Series 2013 ATTACHMENTS: 1 st reading budget 10/1/2013 TOWN Of Memorandum TO: Vail Town Council FROM: Finance Department DATE: September 25, 2013 SUBJECT: 2014 Proposed Budget - Ordinance 15 SUMMARY The budget process began back on July 16th with a discussion of budget philosophy. Since then, Council has reviewed revenue projections, five year capital plans and a five year operating outlook. This first reading of Ordinance 15 is the culmination of many months of budgetary discussions, and includes additional information requested during the September 17th meeting as identified below. II. DISCUSSION The following are responses relating to Council's questions during the first look at the operating budget discussed September 17th or changes made to the previous five -year capital plans first presented on September 3rd: General Fund: • Council requested a five -year look at funding levels for the Commission on Special Events and Council Contributions. Funding for the CSE has increased by 12 %, or $93,097 since 2008 although as shown in the below chart, some years fluctuated with larger increases than others. The chart below also reflects other event funding provided from Council Contributions and General Fund reserves. Regarding 2014 Council Contributions, after discussion on September 17th, staff was directed to leave the funding levels as currently budgeted. Council Contributions Iconic Other Events Funded Year CSE Only Events Contributions with Reserves Total 2005 564,013 177,096 479,197 1,220,306 2006 598,389 247,500 334,791 1,180,680 2007 744,016 258,250 363,172 1,365,438 2008 768,703 398,750 389,724 1,557,177 2009 841,810 294,125 371,329 1,507,264 2010 848,643 354,275 269,320 1,472,238 2011 855,666 364,275 292,620 325,000 1,837,561 2012 917,800 345,600 415,850 975,000 2,654,250 2013 Budget 1,021,800 336,600 330,620 1,100,000 2,789,020 2014 Proposed 861,800 336, 300,620 1,100,000 2,599,020 Bravo, Jazz, Farmers, VVF world Alpine Ski Champs events (other than Ski and Nations Event; Pro Champs, Cycling Sla Musuem, BFAG, Cycling; US Open ERWS, EVCC, Athletes, N5 10/1/2013 Council also had some questions regarding the proposed conversion of 12 positions from seasonal to full -time: Question: What makes up the average of $20,000 per position being converted? Answer: The majority of the cost is for TOV's portion of the health care coverage: $13,000 on average. The difference in wages is approximately $4,000 per position primarily to cover the additional four weeks of work. Other benefits (retirement, life insurance, disability, etc.) average $3,000 per position. Question: Can the positions be filled with different individuals each season? Answer: Although different individuals could be selected for the positions each season, there are additional impacts to consider with this approach: • Quality of performance, service levels, and safety /accident risk - Experienced, knowledgeable employees contribute to the exceptional guest service levels our guests have come to expect. Returning seasonal employees familiar with our community, with our guests, programs, and equipment have historically been the best, most qualified candidates to fill the positions under discussion. Availability of qualified candidates for winter only or summer only positions - Our H213 visa program, which for many years provided an excellent source of winter seasonal employees who returned year after year is no longer available and we have been unable to find a similar source of winter -only returners. Filling the positions with different individuals each season also means we need to find twice as many qualified candidates as filling positions with one person year around. Costs of recruitment and training. Turning over new employees each season has additional costs in recruiting and training. For new bus drivers, this cost is estimated at $9,000 whereas a year around driver obtains updates on routes and equipment throughout the year. An example from the 2012 -2013 winter season shows the difficulty that already exists in finding and retaining these non - benefited employees. The Town made almost 60 offers of employment to fill just 25 winter seasonal Bus Driver positions and still ended the season 10 drivers short, with several drivers resigning during the season to accept other employment which provided benefit packages. Question: If the Health Care Reform coverage requirement has been delayed, why do this now? Answer: Over the last several years the TOV has expanded the service levels in bus routes, street maintenance and parking management, which is not directly tied to Health Care Reform. The year -round need in these roles has evolved with increasing events, requests for coverage in the parking structures, and concerns about lack of snow removal services during the frequent early and late season storms (for example the late April snow this year with only 50% coverage for snow removal resulted in numerous service complaints). TOV provides 28 bus routes year around with an additional 30 routes in the winter for a total of 58 full -time winter bus routes. With 22 currently budgeted full -time driver positions (down from 25 budgeted in 2009), the additional 5 would bring the total to 27 drivers to cover these routes. Town of Vail 10/1/2013 Page 2 Question: What are some alternatives to staff's recommendation to convert 12 employees from seasonal to full -time in 2014? Answer: For bus drivers, delay the conversion until the end of the winter season, instead of the beginning of the season. This would reduce the total proposed impact by approximately $18,000 in salary and benefits. For parking management and trash collection /street cleaning, continue staffing as seasonal positions for 2014 with a reduction in service levels for off - season periods. To ensure we have a clear break between winter and summer seasons, coverage for parking operations would be suspended during the spring and fall, in addition to limited trash collection /street cleaning services for late - April, May and October. The impact to service is in preparing the town for the summer season, specifically for Memorial Day and again in the fall for later removal of flowers and installation of holiday lights. Staff Recommendation: Staff continues to recommend conversion of the 12 positions for the reasons outlined above. Capital Projects Fund: • The Mobile Communications Van has been removed from the 2014 budget for now, but staff is requesting confirmation of Council's commitment to fund 50% of the $350,000 estimated cost should the town succeed in acquiring the other 50% of funding from partners such as the E911 Board, county -wide agencies, etc. Staff will then bring this item back in 2014 as a supplemental budget request. • Radio replacement for a portion of the town's inventory of radios ($176K) for Police, Fire and Public Works. Approximately 59 radios plus related equipment such as battery chargers will be replaced. This item was previously in 2014 for a total of $693K, but was removed from the budget as reviewed on September 17th , allowing staff more time for review. The town only needs a portion of radios replaced at this time, with the remainder scheduled for 2018. Motorola has agreed to a substantial discount in pricing as a part of their sponsorship with the Vail Valley Foundation for the 2015 World Alpine Ski Championships. • Replacement of the "LiveScan" fingerprint equipment and system has been added to the 2014 proposed budget ($28K). However, staff is requesting to move these dollars forward into 2013 due to the urgency of the condition of current equipment. It is outdated from the Colorado Bureau of Investigations system, is not compatible with a recent upgrade to the Intergraph system and consistently breaks down, costing between $1,000 - $2,000 for repair. If Council agrees, staff would like to move forward with the replacement of this equipment and will include in the December budget supplemental in 2013. Real Estate Transfer Tax Fund: • Per Council direction on September 17th, the Library Recreation Path project is now split between 2014 and 2015, with design and planning budgeted for 2014 and construction in 2015. • During the next budget supplemental, staff will move $250,000 into the 2013 budget for planning of the Booth Creek Park redevelopment. The entire park redevelopment was budgeted in 2017, but during Council discussion September 17, staff was directed to begin planning and design so that replacement of the Booth Creek tennis courts would coincide with the park as budgeted in 2014 ($262K). The remaining construction of the overall park redevelopment is scheduled for 2017. Town of Vail 10/1/2013 Page 3 TOWN 2014 PROPOSED BUDGET First Reading of Ordinance No. 15, Series 2013 October 1, 2013 10/1/2013 Town of Vail Proposed 2014 Budget Table of Contents 2014 Budget Highlights 1 Major Revenue Analysis 11 Summary of Changes in Personnel 12 Ten -Year Summary of Budgeted Positions by Department 13 Employee Benefits Summary 15 This report shows the list of employee benefits by percentage and costs. General Fund Revenue and Expenditures 16 This schedule shows the major revenue and expenditures by category in the General Fund Contributions and Special Events IN Capital Projects Fund Revenue and Expenditures 19 This schedule shows revenue by type and expenditures by project in the Capital Projects Fund for 2013, Proposed 2014, and 2015 - 2018 plan Real Estate Transfer Tax Fund Revenue and Expenditures 22 This schedule shows revenue by type and expenditures by project in the RETT Fund for 2013, Proposed 2014, and 2015 - 2018 plan Marketing (Business License) Fund Revenue and Expenditures 24 Conference Center Fund Revenue and Expenditures 24 Heavy Equipment Fund Revenue and Expenditures 25 Health Insurance Fund Revenue and Expenditures 25 Dispatch Services Fund Revenue and Expenditures 26 10/1/2013 TOWN OF VAIL 2014 BUDGET PROPOSAL GENERAL AND RELATED FUNDS The Town of Vail 2014 budget proposal presented in this document reflects the town's vision to be the premier international mountain resort community in a fiscally responsible manner. There are no dramatic changes proposed from the current year, and continues to provide the high level of service the town is known for in both day -to -day operations and special event support. The following objectives were used in the creation of the budget: • Develop a sustainable budget that operates within annual revenues • The budget will continue to reflect the town's vision to be the premier international mountain resort community and will support areas of strategic focus identified by Council including Improvement of Economic Vitality, Grow a Balanced Community, Improve the Quality of the Experience and Develop Future Leadership • Departmental budgets to remain flat with amended 2013 budget • Significant commitments to iconic events such as the 2015 Alpine World Championship, 2015 Nation's Event at Golden Peak, Pro - cycling Challenge and Burton US Open funded from General Fund reserves, outside of the town's normal operations for the year Although sales tax collections have recently experienced record months, overall town revenues have not yet returned back to 2008 levels. Specifically, in 2008 the town's revenue totaled $58.0 million compared to projected $53.3 million in 2014. The General Fund alone was $33.8 million in 2008 compared to $31.9 million projected for 2014 ($1.9 million reduction). While sales tax is projected to increase by 5.2% in 2014 from the amended 2013 budget, this is helping to offset decreases experienced since 2008 in other revenue streams such as property tax, parking revenue and construction fees. Since 2008 General Fund expenditures have increased only $1.3 million over a five -year period (or less than 1 % per year on average) from $30.6 million to a proposed $31.9 million in 2014. The increase includes funding for special events, salary adjustments and additional operating expenses from new town facilities. It does not include iconic events funded from reserves. The projected 2014 budget results in an operating surplus of $16,060 before iconic event funding of $1.1 million (2015 World Alpine Championships, Burton US Snowboarding Championships and US Pro - Cycling Challenge). After funding these events from town reserves, the fund balance at the end of 2014 is projected at $13.4 million, or 42% of annual revenues. Below are details of assumptions used in the development of the proposed 2013 budget: REVENUE The town's 2014 budget is funded by a projected $53.3 million net revenue budget. Net revenues exclude inter -fund charges and transfers. 2014 projected revenues are 3.3% higher than 2013 amended and a 3.2% decrease from 2012. (See page 10 for Major Revenue Analysis). The variance mainly relates to the reimbursement the town 10/1/20r3 received from the Vail Reinvestment Authority during 2012 for various capital projects in the Lionshead district. The below chart identifies the various sources of town revenue: 2014 Met Revenue Projection: $53.3M Charges for Services Rent, Fines & 3% Miscellaneous 4% Transportation Centers 4 7% Revenue 5% Licenses and Permits 3% Transfer from VRA 19% Earnings on Investments 1% Real Estate Transfer Tax Ski Lift Tax and 7% Franchise Fees 9% Use Tax Property and 2% Ownership Tax 9% s Tax 1% Sales Tax will produce approximately 41% of annual revenue for 2014. The $22.0 million of sales tax projected is a 5.2% increase from the amended 2013 budget, and a 9.7% increase from 2012 actual collections. Real Estate Transfer Tax collections of $3.9 million represent 7% of total annual revenues. This revenue source can fluctuate greatly from year to year depending on redevelopment projects. In the phase of the "Billion - Dollar Renewal ", the highest year was 2008 with tax collections of $9.1 million. In 2008, RETT represented nearly 16% of total revenue for the town. Property and Ownership Tax of $4.5 million will generate 9% of total revenues for 2014. This is an increase of 5.9% from 2013 amended budget and is based on the most recent report from the County Assessor's office. The current base mil levy is 4.69 and constitutes approximately 10% of the average taxpayer's property tax bill. Parking revenue from the transportation centers is projected at $3.9 million for 2014, or 7% of total revenues. This projection is flat with 2013, and an 11.2% increase from 2012. 2012 winter season had a slower start due to snow fall, while 2013 spring season was strong. Intergovernmental revenue includes federal and state grants, county sales tax, county road and bridge tax, highway users' tax, and cigarette tax and E911 Authority Board. For 2014, this revenue source represents $2.8 million, or 5% of total revenues for the town. While the majority of these funds are from taxes, they also include a federal grant 10/1/203 of $240,000 for the reconstruction of bridges. This grant will span several years, for a total of $1,024,800 to be used toward the Nugget Lane and Bridge Road bridges. Ski Lift Tax and Franchise Fees total $3.8 million and $1.0 million, respectively for 2014, representing 9% of the total annual revenue. Lift Tax for 2014 is flat with 2013 amended budget, and 10.1 % higher than 2012 actuals. The town will continue to receive reimbursement from the Vail Reinvestment Authority for expenditures directly relating to capital projects within the tax increment financing district. In 2014, the town expects to be reimbursed a total of $3.95 million for those projects. More detail on these projects is included below under Capital Projects Fund expenditures. EXPENDITURES The town's expenditure budget for 2014 is $54.3 million excluding inter -fund transfers and charges. This is a 40% decrease from the 2013 amended budget ($90.0 million), mainly due to $16.0 million for the re- financing of Timber Ridge Affordable Housing Corporation (TRAHC) debt along with other large capital projects currently underway in 2013 that will most likely continue into 2014. Some of these projects include the Ford Park Fields, Golf Course Clubhouse and Nordic Center, Lionshead Portal projects, renovation of the Vail Village Information Booth, Guest Service Enhancements and Wayfinding projects, etc. Included in this amount are capital projects that will be reimbursed from the Vail Reinvestment Authority (see Capital Projects section below). Seventy -one percent of the expenditures are to provide municipal services and twenty - nine percent to fund capital improvements. The town does not currently have any debt service payments due in 2014 or beyond. Where the Money Goes 2014 Proposed Expenditures $54.3M Capital m prove m ents 29% Within municipal services, 63% of spending is related to staffing costs. These costs include salary expense, overtime, and benefits such as health insurance, disability coverage, worker's compensation, pension, life insurance, unemployment and Medicare. The town's operations are supported by 285 full time equivalent (FTE) positions in 2014, up 0.89 from 2013 and down from 300 at the beginning of 2009. Of these, 237 are full- 10/1/2033 time regular employees. Shifts in headcount include converting two seasonal Fire positions (1 Resident and 1 Forest Health crew) into one full -time Wildland Coordinator position. A seasonal Construction Inspector position shifts to a seasonal Heavy Equipment Operator to reflect the changed needs during the summer season. Additions to headcount include a change in the philosophy for staffing two key Information Technology functions. The independent IT Assessment conducted by MWH in 2011 identified software support as a key function lacking resources under the then existing organizational structure. Rather than commit to hiring full -time employees at that time, we engaged two contractors to fill an immediate need on a project basis while evaluating our business model to determine if the need was long -term. Based on the age, number and sophistication of computer systems the town has in place and the number of websites we now support, staff believes it is appropriate to have full -time employees providing software service on a long -term basis. The proposed 2014 budget includes an increase in salary and benefits with a corresponding reduction in contract services with no net increase in cost to the town. Similarly headcount no longer needed in other areas will be reallocated to Information Technology with no net increase in headcount. These reductions to headcount include a 0.5 FTE temporary position in the Finance department utilized during the new systems implementation, 1.0 Restaurant inspection /Environmental position, and 0.25 seasonal Journey Mechanic position. The 2014 proposed budget also includes the conversion of 12 seasonal positions, where employees work season to season in the same position. During the September 17th review of the draft budget, Council raised several questions relating to this conversion. Please see the cover memo for more details. In addition, page 12 includes summary of FTE changes and page 13 includes a 10 -year history of the town's FTE count. Employee benefits are projected at a total cost of $6.3 million, representing 37.7% of base salary expense for 2014 (please refer to page 15 for a breakout of employee benefits). The largest single component of benefit cost is health insurance at 50 %, followed by pension contributions at 34 %. Pensio 34% Woi CompE Insurance 4% Benefits Costs Wellness 2014 $6.3M Medicare Benefit 4% 3% 10/l/2(43 Health isurance 50% Disability, and mployment insurance 5% Health claims are a significant portion of employee benefits costs and have been trending at an annual increase of 10% per year for the last several years. 2013 year -to- date claims are forecasted down 6.4% from budget, which will help to put dollars back into the fund balance which has been impacted in the past several years. Staff is managing rising costs by sharing a portion of these expenses with employees through changes to health plan design (for example, increases to employee -paid deductibles, co- pays and out of pocket maximums). Employee monthly premiums will also increase. The town plans to use $102,473 of Health Insurance Fund reserves in 2014 (these reserves grow from annual contributions by both employees and the town, with most of the current growth occurring between 2001 and 2008). The reserves are intended to protect the town from excessive claim activity (unanticipated) in one year, and current reserves adequately provide this protection. See page 25 for a detailed fund statement for the Health Insurance Fund. While the above narrative summarized the overall proposed town financial outlook for 2014, the following provides an explanation of budgetary assumptions for each fund: GENERALFUND The General Fund supports the town's basic municipal operations. The attached General Fund proposed budget for these operations has a surplus of $16,060, which does not include $1.1 million in commitments to large special events such as the World Alpine Ski Championships, Pro - Cycling Challenge or the Burton US Open Snowboarding Championships. With the inclusion of iconic event spending, the resulting fund balance will total $13.4 million at the end of 2014, representing 42% of annual revenues. 25% is the Council directive as the minimum fund balance. REVENUE - $31,926,832 The General Fund's primary source of revenue is sales tax followed by property and ownership tax, parking, and lift tax. Projected revenue for 2014 is an increase of 2.4% from the amended 2013 budget and an increase of 7.6% from 2012. Sales Tax - $13,640,000 In this budget proposal, 62% of the town's 4% general sales tax is allocated to the General Fund. The remaining 38% is allocated to the Capital Projects Fund. Historically Council has approved budgets with a super- majority vote for any split other than 50/50. In November, 2012 voters approved amending Section 9.4 of the Vail Town Charter, which was previously unclear but interpreted as a requirement to allocate no less than 50% of the town's sales tax revenue to the Capital Projects Fund unless overridden by a vote of at least five council members. As a result, each year Town Council will pass an ordinance to specify the sales tax "split" percentage for the upcoming budget year. Ordinance No. 1, Series 2013 is being presented to Council on October 1s` along with the 2014 budget ordinance. Licenses and Permit Fees - $1,342,801 The largest component of licenses and permits is construction permit fees, which includes building, mechanical, plumbing, and electrical permits. The 2014 budget for construction permits is projected based on a four -year average of annual collections and does not anticipate any major redevelopment projects. The 2014 projection is a 4% 10/1/203 increase from the 2013 amended budget and 8.7% less than 2012 due to both significant home renovations as well as a few larger commercial renovation projects Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary assumptions were discussed above, in the Revenue section. EXPENDITURES - $33,010,772 As a service organization, the majority of spending relates to staffing. For 2014, this represents $19.9 million or 60% of total expenditures which includes benefits and a 3% proposed merit increase based on employee performance. Departmental spending of $7.0 million (also labeled as "All Other Operating" in the General Fund statement) is an increase of less than 1 % from the 2013 amended budget. The proposed 2014 budget does not propose any dramatic changes from the current year, and provides for a continuation of the high level of service in both day -to -day operations and special event support. "Contributions and Special Events" includes the Economic Development / Commission on Special Event department, as well as Council Contributions (page 18). The 2014 proposed expenditures followed the budget guidelines for all other departments, to remain flat with 2013 budget. Contributions to the 2015 World Alpine Ski Championships ($250K per year for 5 years), the 2015 Nations Event at Golden Peak ($375K per year for 4 years), the Pro - Cycling Challenge ($75K) as well as the Burton US Open (at $400K) are proposed to be funded from General Fund reserves because they cannot be absorbed within the annual budget allocations. "Heavy Equipment Operating and Replacement" charges are projected at a 2.7% increase from the 2013 amended budget. The operating costs are charged back to departments based on their use of the vehicles and equipment. Replacement charges are based on a long -term replacement plan for town vehicles. These internal service charges go into the Heavy Equipment Fund as revenues. Dispatch Services charges total $590,961 for 2014 based on a three -year average usage by the town (35.6% of total 911 call volume). While call volume has increased 1.3% from 2013, the 2014 charges reflect a 3.8% increase from 2013 charges due to increased operating costs such as a merit increase (3% proposed) for employees. These service charges, along with charges to the other agencies go into the Dispatch Services Fund as revenue. The projected 2014 General Fund budget results in a net increase to fund balance of $16,060 before iconic event spending. After funding of those events ($1.1 M), the General Fund reserves are projected at a 42% of annual revenues, or $13.4 million by the end of 2014. 10/10103 CAPITAL PROJECTS FUND REVENUE - $14,277,990 Total revenue includes $3.95 million in reimbursement from the Vail Reinvestment Authority for expenditures directly relating to capital projects within the tax increment financing district. Sales tax is a primary revenue source for capital projects. For 2014, $8,360,000 or 38% of the town's projected sales tax revenue is allocated to the Capital Projects Fund. Use Tax collections are budgeted at $1.0 million, flat with the 2013 amended budget. No major projects are assumed for 2014. Federal grant revenue of $240,000 is included for reconstruction of bridges at Nugget Lane and Bridge Road (the bridge projects span three years, with total federal grant of $1,024,800). 2014 also includes the annual repayment from Timber Ridge Affordable Housing Corp. of $494,466 per year for 20 years. EXPENDITURES - $10,112,100 $3.95 million of the above will be reimbursed by the Vail Reinvestment Authority (VRA) for capital projects within the Lionshead TIF District such as the start of the Simba Run Underpass project ($600K), a renovation of the Lionshead parking structure entry ($2.OM), Lionshead parking equipment ($300K), Lionshead medians ($1.0M) and $50K of annual Lionshead parking structure capital maintenance costs. Other noteworthy projects for 2014 include: • Replacement of a 1999 pumper truck in the Fire department ($620.9K) • Add 24 cameras throughout Vail which will provide additional security during busy events and supplement the 6 loading & delivery cameras now present in the Vail Village ($120K) • Installation of 26 TOV -owned "nodes" for fiber being laid by Crown Castle on our behalf. Twenty -four of these nodes would link to the requested cameras above ($52K). • Replacement of the Vail Village transit center generator which is now outdated an unable to cover existing needs, specifically air - handling and lighting in the parking structures ($200K). The project includes re- landscaping the area once equipment is replaced • Continuation of the Guest Service Enhancement project ($1.0M) • Reconstruction of the entry to the Lionshead parking structure ($2.OM), to be reimbursed by the VRA • Replacement of parking equipment and system ($600K), with $300K reimbursed from the VRA • Construction of medians on the frontage road in Lionshead from the parking structure to Vail Spa building ($1.0M), to be reimbursed by the VRA. • Town's portion of Simba Run Underpass project should RAMP funding become finalized ($600K). The project would span approximately four years at a total cost to the town of $6.0 million, reimbursed by the VRA • Replacement of seven hybrid bus batteries ($385K) 10/1/2C73 Purchase of an ADA van for bus service pick -up calls ($45K) Estimate for rockfall mitigation should redevelopment of Timber Ridge proceed ($225K) Radio replacement for a portion of the town's inventory of radios ($176K) for Police, Fire and Public Works. Approximately 59 radios plus related equipment such as battery chargers will be replaced. This item was previously in 2014 for a total of $693K, but was removed from the budget as reviewed on September 17th allowing staff more time for review. The town only needs a portion of radios replaced at this time, with the remainder scheduled for 2018. Motorola has agreed to a substantial discount in pricing as a part of their sponsorship with the Vail Valley Foundation for the 2015 World Alpine Ski Championships Replacement of the "LiveScan" fingerprint equipment and system has been added to the 2014 proposed budget ($28K). However, staff is requesting to move these dollars forward into 2013 due to the urgency of the condition of current equipment. It is outdated from the Colorado Bureau of Investigations system, is not compatible with a recent upgrade to the Intergraph system and consistently breaks down, costing between $1,000 - $2,000 for repair. If Council agrees, staff would like to move forward with the replacement of this equipment and will include in the December budget supplemental in 2013 The Capital Projects fund is projected to have a fund balance of $11.7 million at the end of 2014. REAL ESTATE TRANSFER TAX (RETT) FUND REVENUE - $4,095,726 The primary revenue source for this fund is the 1% real estate transfer tax, accounting for $3.9 million in projected revenue for 2014. Collections are projected flat with amended 2013 budget and a 28% decrease from 2012. 2012 included several large residential and commercial projects, whereas 2014 projections do not include any major redevelopment projects. EXPENDITURES - $7,878,774 Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and environmental sustainability. RETT currently provides funding for both operating and capital expenditures within those categories. Total operating expense of $2.4M for 2014 is flat with 2013 amended budget and includes: • Annual Park and Landscape maintenance ($1.4M) • Environmental Sustainability staff and programs ($250,000) • Continuation of Forest Health projects ($195,000) • Management of AIPP programs ($95,902) • Betty Ford Alpine Garden annual support ($65,620) *Council Contribution • Eagle River Watershed Council support for Black Gore Creek projects ($62,000) *Council Contribution 10/1 /2CH 3 Noteworthy capital projects for 2014 include: • Stream bank mitigation ($750,000) • Water Quality / Storm Water ($350K) • Library recreation path reconstruction (planning and design in 2014 for $200K) • Replacement of the temporary skate park ($260K) • Bike lane shoulders on the north frontage road ($1.5M) from Red Sandstone school to Buffehr Creek. This project will coincide with a CDOT overlay project for cost efficiencies • Bike lane shoulders on south frontage road ($500K) from Matterhorn to Cascade • Ford Park playground improvements ($304K) to coincide with overall Ford Park improvements. This project was previously budgeted in 2015 • Ford Park parking lot slope re- vegetation ($100K) • Booth Creek Tennis Court reconstruction ($262K) pending outcome of overall park redevelopment plans scheduled for 2013 per Council's directive on September 17th • Capital maintenance of VRD- managed assets such as the Vail Golf Course, Dobson Ice Arena, Ford Park tennis center, Athletic Fields and Gymnastics center for a total of $283K in 2014 The RETT fund is projected to have a fund balance of $1.0 million by the end of 2014. VAIL MARKETING FUND Business license fees provide the revenue for this fund, which is restricted to marketing Vail. Revenue is expected to be flat with 2013. Expenditures for marketing through the Commission on Special Events (CSE) are budgeted at $300,000. CONFERENCE CENTER FUND This fund was established in 2003 to account for a 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center in the town. These taxes were rescinded by election in November of 2005. In November, 2011 voters approved using accumulated funds for three capital projects (major renovations of the Vail Golf Course and Nordic Center, Ford Park Fields and the Ford Park Amphitheater). Two of the projects will be managed by the town and are reported within the RETT Fund, partially paid for by Conference Center funds of $6.8 million budgeted in 2013. Also in 2013 the town has budgeted to reimburse the Vail Valley Foundation $842,694 for the renovation of the Ford Amphitheater, a project managed by the Vail Valley Foundation. This expenditure will be charged directly to the Conference Center Fund. There are no projects budgeted for 2014. 10/1/203 HEAVY EQUIPMENT FUND This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to departments based on their use of the vehicles and equipment. HEALTH INSURANCE FUND This internal services fund manages the costs of providing health and short -term disability insurance to employees. Net costs are charged to departments as employee benefits. Since the town is self- insured on these items, a sufficient fund balance is maintained to absorb extraordinary claims experience. Claims over $75,000 per person are covered by an indemnity "stop loss" insurance product. Although increasing healthcare costs are shared with employees, staff has recommended use of $102,473 of fund balance to help offset the anticipated increase in medical claims for 2014. This Fund is projected to have a fund balance of $654,135 by the end of 2014. DISPATCH SERVICES FUND This is an enterprise fund, e.g., more than half of its revenue is from sources outside of the town, managing emergency communications for all of Eagle County. The E911 Board funds eight dispatcher positions, two supervisor positions and a systems engineer. In 2014, there is a 3.8% increase in the town's fees based on both increased operating costs and call usage in Vail, of which Vail Police and Vail Fire total 35.6 %. 10/l/20()3 Major Revenue Analysis 2014 Budget 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Actual Actual Actual Actual Actual Actual Actual Actual Amended Proposed Comments % vs. 2012 Act % vs. 2013 Amd General Sales Tax 16,791,157 17,986,796 18,913,138 19,631,366 16,913,338 17,676,115 19,581,414 20,046,455 20,922,000 22,000,000 2014 proposed at 5% increase from 2013 projections 7.8% 7.1% 5.2% 3.8% -13.8% 4.5% 10.8% 2.4% 4.4% 5.2% RETT Tax 61206,054 61239,744 61536,118 91091,917 2,513,481 61950,701 41403,706 51452,937 3,871,000 3,900,000 Nearly flat with amended 2013 based on current year to date collections 28.0% 0.5% 4.7% 39.1% -72.49% 176.5% -36.6% 23.8% -29.0% 0.7% Parking Revenue 3,725,995 4,099,674 4,618,882 4,816,505 5,008,193 5,060,573 4,036,715 3,464,546 3,851,000 3,852,455 Flat with 2013 amended and a 11 % increase from 2012 actuals 13.4% 10.0% 12.7% 4.3% 4.0% 1.01/6 - 20.2% - 14.29% 11.2% 0.00% 2012 had a slow winter start; 2013 spring season was strop Property & Ownership Tax 21627,877 21931,347 31012,030 41309,622 41506,491 4,951,386 5,031,770 41157,279 4,217,000 4,465,000 Per County Assessor estimate with some allowance for potential abatements 0.2% 11.5% 2.8% 43.1% 4.6% 9.9% 1.6% -17.4% 1.4% 5.9% Lift Tax Revenue 2,777,698 2,975,097 3,039,619 3,277,703 3,048,011 3,357,717 3,529,125 3,433,686 3,782,000 3,782,000 Flat with 2013 amended budget (recently increased) 11.3% 7.1% 2.2% 7.8% -7.09/6 10.29/6 5.1% -2.79/6 10.11/6 0.0% Construction Fees 2,466,054 3,481,989 4,992,752 3,799,444 1,341,731 1,272,606 985,377 1,333,681 1,184,660 1,208,353 Based on average annual collections over the last 4 years 53.3% 41.2% 43.4% -23.9% -64.7% -529% -22.60% 35.30/6 -11.20/6 2.0% No major redevelopment projects assumed Constru\ n Use Tax - - 608,483 713,582 1,103,119 721,002 1,221,734 1,000,000 1,000,000 Flat with 2013 amended (does not include Marriott Residences) N/A 17.39/6 54.69/6 -34.60/6 69.49/6 -18.11/6 0.0% Other Taxes 1,251,928 1,367,139 1,399,739 1,644,975 1,545,535 1,711,350 1,806,708 1,672,112 1,664,614 1,732,994 County sales tax (based on TOV sales tax), Road & Bridge, Hwy users revenue, etc. -0.2% 9.2% 2.4% 17.5% -6.0% 10.7% 5.60% -7.40/6 -0.4% 4.10/6 Federal / County Grants 19,500 1,739,052 59,542 - 203,765 3,785,144 1,596,040 916,067 39,060 240,000 2014 Federal grant for bridges at Nugget Lane and Bridge Road ($1 M over 2014 - 2016) -98.6% 8818.2% -96.6% N/A 1757.6% -57.8% 42.6% -95.7% 514.4% Earnings on Investments 1,112,872 21133,315 21624,092 1,841,335 460,234 330,216 539,541 492,015 298,796 215,491 2014 based on .7% return on available fund balance based on current trend 149.3% 91.7% 23.0% -29.8% -75.0% -28.3% 63.4% -8.8% -39.3% -27.9% Rental Income 780,214 827,280 897,958 949,961 912,090 862,151 895,872 832,134 850,605 840,896 Employee housing rentals kept flat; Slight increase in Donovan Pavilion rental -3.0% 6.0% 8.5% 5.8% -4.09/6 -5.5% 3.90/6 -7.19/6 2.2% -1.1% E911 and Interagency Dispatch 11165,164 1,337,583 1,528,608 1,657,622 1,904,572 1,908,591 1,958,581 1,915,218 1,928,941 1,928,575 Funding by E911 Authority Board and participating agencies 7.1% 14.8% 14.3% 8.4% 14.91/6 0.20/6 2.60/6 -2.29/6 0.70/6 0.0% 2010 & 2011 for LionsHead Transit and Welcome Centers Vail Reinvestment Authority Trai - - - - - 1,070,365 7,125,196 5,354,864 2,306,706 3,950,000 2012 for LionsHead Portal projects, Energy enhancements, Library remodel and Guest Services N/A 565.7% -24.8% -56.9% 71.2% 2013 for continuation of Guest Service Enhancements, LH parking entry, etc. 2014 for LH Parking structure entry and parking equipment; Ftg Rd improvements from LH to Muni All Other Revenue 10,017,203 5,044,941 7,222,738 61389,765 4,853,518 7,933,777 61450,859 41715,033 5,644,857 4,150,379 In general, this item includes franchise fees, fines and forfeitures, employee portion of healthcare 16.3% -49.6% 43.2% -11.5% -24.0% 63.5% -18.7% -26.9% 19.7% -26.5% premiums, insurance proceeds froms stop -loss coverage, license revenue, administration fees collected from VLMD and RETT and other charges for service such as out of district fire response Total Revenue 48,941,716 1 50,163,958 54,845,217 58,018,698 43,924,542 57,973,811 58,661,907 55,007,762 51,561,239 53,266,143 and Police contracted services. In addition, 2013 incl. repayment of VRD share of Ford Park compared to Prior Year 11.1% 2.5% 9.3% 5.8% -24.3% 32.0% 1.2% -6.2% -6.3% 3.3% Field project 1.165M ; 2014 Incl. loan installment from Timber Ride $474K Town of Vail 2014 Proposed Budget Summary of Changes in Personnel From 2013 Original Budget to 2014 Budget 2014 Changes Comments Full -time Regular Positions Finance technician (0.50) Temporary position during systems projects Bus Drivers 5.00 Converting seasonal positions Parking Attendants 3.00 Converting seasonal positions Streets Maintenance Worker 3.00 Converting seasonal positions Heavy Equipment Operator 1.00 Converting seasonal positions IT Software Specialists 2.00 Services previously contracted out Wildland Fire Coordinator 1.00 Converting two seasonal positions Community Development (1.00) Restaurant inspections now done by the state 13.50 Seasonal Positions Construction Inspector (0.50) Transfer to HEO backfill position for Chris Delles Summer HEO 0.50 Converted from Construction Inspector Fire Resident (0.50) Convert to FT Wildland coordinator Forest Health Crew (0.50) Convert to FT Wildland coordinator Journey Mechanic (0.25) Position not filled for several years Bus Drivers (4.40) Converting seasonal positions Parking Attendants (2.76) Converting seasonal positions Parking Lead (0.46) Converting seasonal positions Streets Maintenance Worker (2.82) Converting seasonal positions Heavy Equipment Operator (0.92) Converting seasonal positions (12.61) Total Changes to FTE Count: 0.89 10/l/20123- TOWN OF VAIL 2014 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT - 13- 2014 Positions Department 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Change Full -Time Regular Positions - Funded by TOV Town Officials 6.50 6.90 6.90 7.06 6.23 6.23 6.23 5.43 4.43 4.43 4.43 0.00 Administrative Services 18.00 19.15 18.15 19.68 21.02 20.35 20.35 19.35 19.35 19.40 21.40 2.00 Community Development 14.00 13.85 13.85 15.18 15.18 17.85 15.85 14.85 13.85 13.85 12.85 (1.00) Fire 18.00 18.00 18.00 18.00 22.00 21.25 24.25 24.00 24.00 24.50 25.50 1.00 Police and Communications 54.25 56.25 54.25 54.50 54.50 54.50 55.50 53.75 54.75 54.25 54.25 0.00 Library 6.38 6.38 6.38 6.63 6.63 6.55 6.55 6.55 6.55 6.55 6.55 0.00 Public Works, Streets & Roads, Landscaping 29.75 31.25 31.75 31.75 31.75 30.80 30.80 30.80 30.80 30.80 34.80 4.00 Transportation & Parking 27.50 30.50 31.00 31.00 31.00 33.00 31.00 31.00 31.00 31.00 39.00 8.00 Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 13.00 12.00 12.00 12.00 12.00 12.00 0.00 Facility Maintenance 20.50 20.00 20.00 20.00 20.00 20.00 20.00 20.00 18.00 16.00 16.00 0.00 0 z Capital Projects 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N O w Total FTE's - Full -Time Regular 208.88 216.28 213.28 216.80 221.31 223.53 222.53 217.73 214.73 212.78 226.78 14.00 Fixed Term Employees Administrative Services 1.00 - 1.00 - - - - - - 0.50 - (0.50) Community Development 2.00 6.00 6.00 5.00 4.00 4.00 0.50 0.00 Fire 1.00 2.00 2.00 2.00 2.00 - 0.00 Police and Communications - 1.48 3.48 3.48 3.48 3.00 - 0.00 Public Works, Streets & Roads, Landscaping 1.75 1.63 1.63 1.63 1.50 1.50 0.00 Capital Projects 1.25 1.63 1.63 1.63 1.50 - - 0.50 0.50 - (0.50) Document Imaging 0.75 0.75 0.75 0.75 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Total Fixed -Term 3.75 12.23 16.49 14.49 13.74 13.00 3.00 1.00 1.50 2.00 1.00 (1.00) Externally Funded Employees Police and Communications 8.00 6.50 8.00 9.00 9.00 9.00 10.00 10.00 10.00 10.00 10.00 0.00 Total Externally Funded 8.00 6.50 8.00 9.00 9.00 9.00 10.00 10.00 10.00 10.00 10.00 0.00 Seasonal Positions - Funded by TOV Town Officials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services 0.42 0.98 1.04 0.59 1.19 1.94 1.94 1.94 1.94 1.94 1.94 0.00 - 13- TOWN OF VAIL 2014 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT Police and Dispatch Total 62.25 64.23 65.73 66.98 66.98 66.50 65.50 63.75 64.75 64.25 64.25 0.00 2014 8.86 8.86 8.86 8.33 8.33 8.25 8.25 8.25 8.25 8.25 8.25 0.00 Public Works, Streets & Roads 37.32 Positions 42.32 IDepartment 45.28 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Change Community Development 58.70 0.48 0.00 0.00 0.00 1.25 0.25 0.00 0.00 0.25 0.25 0.25 0.00 Fire 12.25 1.40 1.51 1.68 7.20 7.20 10.20 10.20 12.70 13.70 13.70 12.70 (1.00) Police and Communications 21.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Library 1.50 2.48 2.48 2.48 1.70 1.70 1.70 1.70 1.70 1.70 1.70 1.70 0.00 Public Works/ Streets & Roads /Landscaping 7.57 8.69 8.94 11.42 11.90 12.86 10.46 10.46 10.94 12.38 9.14 (3.24) Transportation & Parking 25.84 23.24 22.78 25.31 26.70 25.70 27.46 27.46 27.46 27.46 20.30 (7.16) Fleet Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 0.25 0.25 0.25 0.25 0.00 (0.25) Facility Maintenance 1.33 1.33 1.36 1.38 1.38 1.38 1.38 1.38 1.38 1.38 0.92 (0.46) Total Seasonal / Part-Time 39.52 38.23 38.28 47.60 51.32 54.03 53.39 55.89 57.62 59.06 46.95 (12.11) All FTE's (Full -Time Equivalents) Town Officials 6.50 6.90 6.90 7.06 6.23 6.23 6.23 5.43 4.43 4.43 4.43 0.00 Administrative Services 19.42 20.13 20.19 20.27 22.21 22.29 22.29 21.29 21.29 21.84 23.34 1.50 Community Development 16.48 19.85 19.85 20.18 20.43 22.10 16.35 14.85 14.10 14.10 13.10 (1.00) p Fire 19.40 20.51 21.68 27.20 31.20 33.45 34.45 36.70 37.70 38.20 38.20 0.00 N Admin 3.00 3.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 0 Patrol 27.00 28.98 30.48 31.00 31.25 31.00 28.00 27.00 28.00 28.00 28.00 0.00 w Investigation 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 0.00 Records 5.25 5.25 5.25 5.50 5.25 5.50 5.50 4.75 4.75 4.25 4.25 0.00 Dispatch 22.00 22.00 23.00 23.48 23.48 23.00 25.00 25.00 25.00 25.00 25.00 0.00 Police and Dispatch Total 62.25 64.23 65.73 66.98 66.98 66.50 65.50 63.75 64.75 64.25 64.25 0.00 Library 8.86 8.86 8.86 8.33 8.33 8.25 8.25 8.25 8.25 8.25 8.25 0.00 Public Works, Streets & Roads 37.32 41.69 42.32 44.80 45.28 45.16 42.76 41.26 41.74 43.18 43.94 0.76 Transportation & Parking 53.34 53.74 53.78 56.31 57.70 58.70 58.46 58.46 58.46 58.46 59.30 0.84 Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 13.00 12.25 12.25 12.25 12.25 12.00 (0.25) Facility Maintenance 21.83 21.33 21.36 21.38 21.38 21.38 21.38 21.38 19.38 17.38 16.92 (0.46) Capital Pro'ects / Fixed Term 1.75 3.00 2.38 2.38 2.63 2.50 1.00 1.00 1.50 1.50 1.00 0.50 Total FTE's 260.15 273.24 276.05 287.88 295.37 299.56 288.92 284.62 283.85 283.84 284.73 0.89 - 14- Full -Time Regular Employees Fee Based Health Insurance Group Term Life and Accidental Death Insurance Long -term Disability Insurance Survivor's Life Insurance Short -term Disability Insurance Ski Pass / Fitness Sworn Officer Death and Disability Insurance Subtotal Fee Based Payroll Based Pension Contribution Medicare Workers' Compensation Insurance Unemployment Compensation Insurance Subtotal Payroll Based Total Full -Time Benefits Part-Time and Seasonal Employees Fee Based Ski Pass / Fitness Ski Pass / Fitness - Boards Mini -Med Program Payroll Based Pension Contribution Medicare Workers' Compensation Insurance Unemployment Compensation Insurance Subtotal Payroll Based Total Part-Time and Seasonal Benefits Total Benefits - All Employees Town of Vail Employee Benefits 2011 2012 2013 2014 Actual % Salary Actual % Salary Budget % Salary Proposed % Salary 2,575,000 19.90% 2,873,936 21.94% 2,875,000 20.42% 3,150,000 21.05% 181,145 1.40% 181,385 1.38% 74,000 0.53% 74,000 0.49% 53,000 0.38% 53,000 0.35% 74,000 0.53% 74,000 0.49% 14,516 0.10% 10,200 0.08% 20,000 0.14% 15,000 0.10% 79,000 0.60% 83,940 0.64% 85,000 0.60% 85,000 0.57% 67,641 0.50% 69,315 0.53% 72,000 0.51% 72,000 0.48% 2,917,302 22.50% 3,218,776 24.58% 3,253,000 23.10% 3,523,000 23.54% 1,976,794 15.30% 1,997,549 15.25% 2,043,845 14.52% 2,138,726 14.29% 166,723 1.30% 168,157 1.28% 189,153 1.34% 195,028 1.30% 169,950 1.30% 216,719 1.65% 192,300 1.37% 224,100 1.50% 46,585 0.40% 37,719 0.29% 42,200 0.30% 44,900 0.30% 2,360,052 18.30% 2,420,144 18.48% 2,467,499 17.53% 2,602,754 17.39% 5,277,354 40.80% 5,638,920 43.06% 5,720,499 40.63% 6,125,754 40.93% 60,835 3.50% 65,209 3.12% 75,000 3.70% 75,000 4.33% 9,100 9,100 0.44% 9,100 0.45% 9,100 0.53% 2,924 0.10% 4,726 0.23% 6,000 0.30% 6,000 0.35% 36,958 1.80% 26,745 1.28% 30,419 1.50% 25,998 1.50% 29,373 1.40% 30,307 1.45% 29,405 1.45% 25,131 1.45% 26,664 1.30% 34,586 1.65% 27,565 1.36% 25,900 1.49% 7,309 0.40% 6,020 0.29% 6,084 0.30% 5,200 0.30% 100,304 4.90% 97,658 4.67% 93,473 4.61% 82,229 4.74% 173,163 8.50% 176,693 8.45% 183,573 9.05% 172,329 9.94% 5,450,517 36.49% 5,815,613 38.29% 5,904,072 36.65% 6,298,083 37.71% 10/1/20$3 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2012 2013 2013 2014 Actual Original Amended Proposed Comments Revenue Local Taxes: 20,046,454 $ 20,100,000 $ 20,922,000 $ 22,000,000 2014 5.2% increase from 2013 amended Sales Tax Split b/t Gen'I Fund & Capital Fund 58/42 62/38 62/38 62/38 Sales Tax 11,530,000 $ 12,462,000 12,971,000 13,640,000 Property and Ownership 4,157,279 4,217,000 4,217,000 4,465,000 2014 per County assessor's office Ski Lift Tax 3,433,686 3,492,000 3,782,000 3,782,000 2014 based on 2013 projected Franchise Fees, Penalties, and Other Taxes 1,003,318 1,074,442 1,074,442 1,011,550 Based on 2012 actuals (decrease from prior years) Licenses & Permits 1,470,588 1,280,580 1,290,080 1,342,801 Based on 2012 actuals Intergovernmental Revenue 1,875,027 1,861,914 1,775,314 1,741,234 Federal grants for staffing ended in 2012; County stax, Road & Bridge based on 2013 projected Transportation Centers 3,464,546 3,851,000 3,851,000 3,852,455 2014 overall flat with 2013 projected Charges for Services 964,595 759,347 719,347 757,622 Mainly based on RETT mgmt fee; VLMD fee and VRA fee (flat) Fines & Forfeitures 251,501 270,887 270,887 276,274 2% increase Earnings on Investments 177,991 175,000 175,000 110,000 Approx. 0.7% of fund balance based on 1st quarter'13 earnings Rental Revenue 832,134 905,605 850,605 840,896 Miscellaneous and Project Reimbursements 500,936 175,000 187,050 107,000 Total Revenue 29,661,601 30,524,775 31,163,725 31,926,832 Expenditures 1laries 13,355,939 13,963,339 14,205,036 14,847,363 2014: 3% per year; Includes converting approx. 12 "same position multi- season" from seasonal to FT � 9nefits 4,831,242 4,751,741 4,758,821 5,068,457 40.9% full time benefits in 2013; 3% per year increase after; Includes converting approx. 12 "same position multi- season" from seasonal to FT ,*total Compensation and Benefits 18,187,181 18,715,080 18,963,857 19,915,820 2014 flat with 2013; Removed one -time $20K RSES, $5K CO 14ers, $5K Vail Contributions and Special Events 1,499,782 1,573,648 1,598,648 1,445,698 Veterans and $50K Vail DVD and $160K one -time CSE funding for event research and Memorial Day event; Increase by $30K for summer air service Depts held flat with exeptions: Removed supplemented $20K PD state - funded All Other Operating Expenses 5,857,957 6,818,291 6,991,463 7,039,213 emrg.mgmt workshop, and $20K DUI svcs. Added $100K to TM budget as contingency for 2015 preparation Heavy Equipment Operating Charges 2,129,048 2,282,796 2,282,796 2,365,254 2014 increase based on higher fuel prices Heavy Equipment Replacement Charges 530,560 560,284 560,284 553,826 Dispatch Services 572,706 569,192 569,193 590,961 2014 increase based on usage Total Expenditures 28,777,234 30,519,291 30,966,241 31,910,772 Revenue Over (Under) Expenditures 884,367 5,484 197,484 16,060 Transfer to Capital Projects Fund (52,000) - - Timber Ridge Investment (8,000,000) (8,000,000) - Investment in Timber Ridge deed restrictions 2015 World Alpine Ski Championships (250,000) (250,000) (250,000) (250,000) Pro - cycling event (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) (375,000) (375,000) (375,000) Vail's 50th Anniversary (350,000) Burton US Open (400,000) (400,000) (400,000) Surplus Net of Transfers & New Programs (142,633) (9,094,516) (8,902,516) (1,083,940) Beginning Fund Balance 23,546,285 22,327,346 23,403,652 14,501,136 Ending Fund Balance $ 23,403,652 $ 13,232,830 $ 14,501,136 $ 13,417,196 EHOP balance included in ending fund balance - not $ 690,000 $ 690,000 $ 690,000 spendable 16 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND Expenditures by Type: 2012 2013 2013 2014 Municipal Services: Actual Original Amended Proposed Revenue 1,291,467 1,398,654 1,498,654 1,814,356 Local Taxes: 20,046,454 $ 20,100,000 $ 20,922,000 $ 22,000,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 58/42 62/38 62/38 62/38 Sales Tax 11,530,000 $ 12,462,000 12,971,000 13,640,000 Property and Ownership 4,157,279 4,217,000 4,217,000 4,465,000 Ski Lift Tax 3,433,686 3,492,000 3,782,000 3,782,000 Franchise Fees, Penalties, and Other Taxes 1,003,318 1,074,442 1,074,442 1,011,550 Licenses & Permits 1,470,588 1,280,580 1,290,080 1,342,801 Intergovernmental Revenue 1,875,027 1,861,914 1,775,314 1,741,234 Transportation Centers 3,464,546 3,851,000 3,851,000 3,852,455 Charges for Services 964,595 759,347 719,347 757,622 Fines & Forfeitures 251,501 270,887 270,887 276,274 Earnings on Investments 177,991 175,000 175,000 110,000 Rental Revenue 832,134 905,605 850,605 840,896 Miscellaneous and Project Reimbursements 500,936 175,000 187,050 107,000 Total Revenue 29,661,601 30,524,775 31,163,725 31,926,832 Expenditures by Type: 884,367 5,484 197,484 16,060 Municipal Services: (52,000) - - - Town Officials 1,291,467 1,398,654 1,498,654 1,814,356 Administrative Services & Risk Management 3,581,749 3,884,510 3,884,510 4,162,082 Community Development & Housing 1,503,182 1,562,046 1,562,046 1,503,465 Police 4,261,101 4,699,069 4,757,469 4,822,396 Police Communications 572,706 569,193 569,193 590,961 Fire 3,276,352 3,269,000 3,423,000 3,486,935 Public Works & Streets 3,441,884 3,778,178 3,778,178 3,959,844 Transportation & Parking 4,915,192 5,011,161 5,061,161 5,283,650 Facilities 3,428,830 3,754,374 3,757,374 3,796,379 Library 795,620 813,959 822,009 831,713 Economic Development 1,709,151 1,779,147 1,852,647 1,658,991 Total Expenditures 28,777,234 30,519,291 30,966,241 31,910,772 Revenue Over (Under) Expenditures 884,367 5,484 197,484 16,060 Transfer to Capital Projects Fund (52,000) - - - Timber Ridge Buy -Down (8,000,000) (8,000,000) - 2015 World Alpine Ski Championships (250,000) (250,000) (250,000) (250,000) Pro - cycling event - (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) (375,000) (375,000) (375,000) Vail's 50th Anniversary (350,000) - Burton US Open - (400,000) (400,000) (400,000) Total Expenditures 29,804,234 39,619,291 40,066,241 33,010,772 Surplus Net of Transfers & New Programs (142,633) (9,094,516) (8,902,516) (1,083,940) Beginning Fund Balance 23,546,285 22,327,346 23,403,652 14,501,136 Ending Fund Balance $ 23,403,652 $ 13,2329830 $ 149501,136 $ 13,417,196 EHOP balance included in ending fund balance - $ 690,000 $ 690,000 $ 690,000 not spendable 10/1/2013 17 TIER I - VAIL BRAND EVENTS Bravo! Colorado / New York Philharmonic Bravo! Colorado / Philadelphia Orchestra Bravo! Colorado /Music Matters Education & Outreach Bravo! Family Concert /National Repertory Orchestra Bravo! Colaboration with Vail Jazz Bravo! Piano Fellows Program Bravo! Colorado Public Broadcasts Vail Jazz Festival (June 24- Sept 3 '12) Vail Valley Foundation Vail International Dance Festival Gerald R. Ford Amphitheater (Hot Summer Nights) Total Tier I - VAIL BRAND EVENTS TIER II - EXTRAORDINARY EVENTS Vail Valley Foundation 2015 World Alpine Ski Championships 2015 Nations Event (Golden Peak) USA Pro Challenge (additional $100K VLMD) Burton US Open Total Tier II - Extraordinary Events TIER III - SERVICES /EXPERTISE Betty Ford Alpine Gardens Colorado Ski Museum Eagle River Watershed Eagle Valley Childcare TV5 Vail Valley Athlete Commission Total Tier III - Services /Expetrise TIER IV - LIFE -LONG LEARNING Vail Symposium Walking Mountains Science School Starting Hearts Total Tier IV - Life -Long Learning OTHER REQUESTS Colorado Fourteeners Initiative Trail Redevelopment Red Sandstone Elementary PTO Technology Platform Vail Veteran's Program Tenth Anniversary Vail 50th DVD River Bridge Regional Center Total Other Total Council Contributions Funded from: General Fund Operations General Fund Reserves Real Estate Transfer Tax Fund Subtotal Vail Local Marketing District Tota I 2013 2014 Actual Staff Contributions 2014 Requests Recommendation 85,000 85,000 85,000 85,000 7,500 7,500 1,000 1,000 25,000 - 3,750 14,850 - 70,600 70,600 60,000 60,000 27,500 27,500 336,600 43,600 336,600 250,000 250,000 375,000 375,000 75,000 75,000 400,000 750,000 400,000 1,100,000 750,000 1,100,000 65,620 65,620 42,000 42,000 62,000 62,000 45,000 45,000 80,000 80,000 6,000 6,000 300,620 - 300,620 - 50,000 - 20,000 - 15,000 15,000 - 85,000 15,000 5,000 7,500 - 20,000 5,000 10,000 50,000 2,000 80,000 19,500 - 1,817, 220 898,100 1,752,220 589,600 148,100 524,600 1,100,000 750,000 1,100,000 127,620 - 127,620 1,817, 220 898,100 1,752,220 100,000 100,000 1,917,220 898,100 1,852, 220 10/1/2013 18 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost Revisions / newly added project Amended * Placeholder items 2013 2014 2015 2016 2017 2018 Changes since 9/17/13 Council meeting Revenue Total Sales Tax Revenue: $ 20,922,000 $ 22,000,000 $ 22,660,000 $ 23,340,000 $ 24,040,000 $ 24,761,000 5.2% increase from amended 2013 budget, then 3% per year Sales Tax Split between General Fund & 62/38 62/38 62/38 62/38 62/38 62/38 Capital Fund Sales Tax - Capital Projects Fund $ 7,951,000 $ 8,360,000 $ 8,610,800 $ 8,869,200 $ 9,135,200 $ 9,409,200 Use Tax 11000,000 11000,000 1,200,000 1,236,000 1,273,000 1,311,200 2014 flat with 2013 (does not include Marriott Residences); 3% annual increase thereafter Federal Grant Revenue 240,000 240,000 544,800 2014 -2016: Bridges at Nugget Lane and Bridge Rd Other State Revenue 200,000 CDOT share of funding for Simba Run Underpass study (50/50 with TOV) Lease Revenue 192,660 197,295 197,295 197,295 197,295 202,227 Per Vail Commons commercial (incr. every 5 years) and residential leases Project Reimbursement 49,099 TRAHC repayment 494,466 494,466 494,466 494,466 494,466 Principal and interest on loans to TRAHC Earnings on Investments and Other 87,295 36,229 58,299 1 90,376 55,543 73,160 Total Revenue 9,748,148 10,327,990 10,800,860 11,432,137 11,155,504 11,490,253 Expenditures Maintain Town Assets Bus Shelters 30,000 30,000 30,000 30,000 30,000 30,000 Annual maintenance Parking Structures 665,000 620,000 680,000 675,000 690,000 690,000 2014 - 2018 various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Facilities Capital Maintenance 592,000 491,000 508,000 293,000 255,000 410,500 2014 - 2018 various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (aint, carpet, etc), and mechanical equipment (boilers, air handlers, etc). Donovan Park Pavilion 50,000 720,000 - _ - 2015: $400K to change ventilation & improve noise, $270K to replace heating /air system and $50K furniture 50,000 replacement; Re -finish floors in 2014 Stet Light Improvements 50,000 50,000 50,000 50,000 50,000 New street lights and to refurbish residential lighting CIRtal Street Maintenance 735,900 981,200 1,215,500 954,800 1,200,100 878,900 On -going maintenance to roads and bridges including asphalt overlays, patching and repairs Use $148K of reimbursement from ERWSD collected in 2012 to continue flood repair projecst; Replacement of F ad Incident repairs 148,336 - - - - - Bighorn Creek culvert along Spruce Way to coincide with ERWSD relocation of water main infrastructure at same 0 location - 2014 replace pumper truck from 1999 1W 2014 includes $120K for 24 new cameras in preparation for the 2015's (see attached memo) plus $10K for FiWTruck Replacement 42,426 620,900 or - - - Town -wide camera system 30,076 130,000 22,000 22,000 22,000 22,000 annual capital maintenance of 89 cameras already throughout town (includes municipal public buildings; 6 cameras currently in Vail Village). 2015 - 2018 includes $22K per year for replacement of cameras and equipment; Recorders IL - _ _ _ cost $7 -8K each; cameras range from $800 - $3800 each; _JI6L _ Audio visual, phone and IT equipment for an EOC at the West Vail Fire Station - funded by a NWCOG grant listed Emergency Operations Center (EOC) 29,309 above Audio-Visual capital maintenance 40,000 10,000 10,000 10,000 10,000 10,000 2013: $30K for replacement of entire AN system at Donovan; $1 OK annual maintenance / replacement of audio - visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center, etc. Document Imaging 70,000 30,000 48,000 30,000 48,000 30,000 48,000 30,000 48,000 30,000 48,000 lAnnual maintenance, software licensing, and replacement schedule for scanners and servers Upgrade Microsoft products on all equipment; renew licenses in future; Increased costs from vendors; $8K per year Software Licensing 48,000 50,000 10,000 15,000 50,000 50,000 50,000 50,000 increase from original 5 year plan due to additional software products Hardware Purchases 50,000 Scheduled rotation of PCs, printers and servers ace 8 year old equipment with color copier, printer, fax and scanner Based on annual replacement schedule of security and power systems for 3 computer rooms Copier Replacement Data Center (Computer Rooms) 15,000 15,000 15,000 15,000 15,000 Website and e- commerce 83,825 12,000 12,000 12,000 12,000 12,000 Internet security & application interfaces; website redevelopment (2013); includes $550 /month for web hosting services Web access to town GIS information (similar to County's website GIS product); 2013 expenditure to link the system to Comm Dev ArcGIS System 28,000 - - - - - laserfiche so customers can access TOV zoning, ORB rules, and for geographic coding; This expenditure will finalize the set up of the system 2014 requesting $52K to install 26 TOV -owned "nodes" for fiber being laid by Crown Castle on our behalf; 24 Fiber Optics / Cabeling Systems in Buildings 56,675 15,000 15,000 15,000 15,000 of these would link to the requested cameras throughout town. Cabling / Network Infrastructure; to repair, maintain & upgrade; Replace cabling in VTC, Public Works and Fire Station 1 in 2013; QMoE fiber ring in 2013 (Fiber to connect our town office locations and prepare for new phone system) Network upgrades 79,790 40,000 30,000 30,000 30,000 30,000 Computer network systems - replacement cycle every 3 -5 years; 2013 replacement of switches and routers Phone System Infrastructure 185,000 Replace infrastructure for 15 -year old phone system Business Systems Replacement 627,573 - _ _ - - 2013 $350K for replacement of Community Development permitting software and $175K for remainder of Finance system project Annual capital maintenance of "County -wide "Computer Aided Dispatch /Records Mgmt System" includes patrol car Public Safety System 61,000 50,000 50,000 50,000 50,000 50,000 and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance Intergraph upgrade (Public Safety) 86,736 - _ - - - TOV portion of upgrade to computer -aided dispatch system; 2013 required upgrade of Oracle applicance relating to the Intergraph system upgrade Transit Center Generator Replacement of generator at the Vail Village transit center; includes re- landscaping a 55,000 Police in -car cameras; re lacement Upgrade mobile vision cameras in cars purchased 6 years ago TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost Revisions / newly added project Amended * Placeholder items 2013 2014 2015 2016 2017 2018 Changes since 9/17/13 Council meeting Police E- ticketing system 35,000 Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court system Total Maintenance 3,859,646 3,535,100 3,485,500 2,284,800 2,507,100 2,341,400 Enhancement of Town Assets CDOT Required parking 708,694 218,000 - - - - 2013: Safeway; 2014: Vail Village Proposed relocation of computer /server room to area below P.D. where several IT staff are located; the p temporarily relocate to the Comm Dev building, then move back into renovated offices in the Finance area server room, printer room and storage resides). This also provides for a new computer room for centralized server housing, fire protection and backup Orig. estimate $815K Mobile Emergency Communications / Command Replacement of emergency communications van; Current van is a re- purposed vehicle with outdated technology. Center - - - - - Total cost estimated at $350K; Council agreed to matching 50 %. Will include at a later date once funding of remaining 50% achieved Vail Village Info Booth 1,044,568 - - - - - Remodel, including addition of restrooms and guest enhancements Vail Village Info Booth pull off lane 250,000 - _ _ _ _ Pull off lane in front of Vail Village info booth for short term parking and to provide an area for an RV or larger vehicle to pull in for information Guest Services Enhancements/Wayfinding 2,462,726 11000,000 Guest Service / Wayfinding enhancements outside of VRA district Guest Service Enhancements: LH Welcome 70,000 Guest information improvements town -wide, including pedestrian signage, parking structures, banners at W & LH and center (VRA) 1,500,000 - variable message signs East Vail Fire Station Renovation of station Main Vail Fire Station 1,191,597 Renovation of station Energy Enhancements 369,557 - - Implementation of energy audit enhancements East Vail roads; $25K for design and $420K in 2015 for shared project with ERWSD on Rockledge Rd; 2015 also Neighborhood Road Reconstruction 25,000 - 6 ', 4,640,000 4,475,000' 4,450,000 includes $200K for planning / design of roadwork (construction in 2016) for Phase I incl. Columbine, Spruce Way /Dr., Streamside, Nugget, Glen Lyon, & Willow Ct; 201712018 for Phase II incl. Meadow Dr. /Ln, Juniper,Main Gore, Ute, _ Black Bear, Snowshoe & Grouse Ln NQhborhood Bridge Reconstruction 445,889 300,000 300,000 1,000,000 700,000 2013 to finish Matterhorn Bridge (with partial funding from federal grant); Nugget Lane and Bridge Rd bridges design in 2014/2015 and construction in 2016/2017; also partial funding from federal grants. Ipj Replace parking system in both structures (LH parking structure system had been scheduled for replacement in Packing Entry System / Equipment - 600,000 - - _ _ 2006); Better financial reporting and potential to interface with variable message signs and other parking systems W across town; Postponed from 2013 to 2014 to co- incide with LH parking entrance improvements because would include the booth attendant stations. Partially reimbursed by VRA ($300K) Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only Radio Equipment replacement 176,000 600,000 include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced - until 2018) LiveScan Fingerprint Equipment/System 28,000 _. ,_. _ _ Replacement of fingerprinting equipment and system. Current equipment is outdated and is not able to interface with recently upgraded Intergraph system or state system. * *Staff requesting to move forward into 2013 ** Hybrid Bus Battery Replacement 55,000 385,000 - - - - Scheduled replacement: 1 in 2013; 7 in 2014; Estimated life of 6 years Replace Buses cipal building remodel 20,282 - 3,524,000 - 2,804,400 2014: ADA van for on -call pickups; 2016: 8 buses scheduled for replacement ($440.5K per bus); 2018: 6 buses scheduled for replacement ($467.4K per bus) Placeholder for a significant remodel should a complete _ Timber Ridge Legal /Zoning 25,000 kMkpt will depend on the scope of the project. Consultants, legal, etc. related to potential redevlopment project Estimate for rockfall mitigation Timber Ridge Redevelopment Total Enhancements 6,668,313 2,977,000 950,000 16,164,000 5,175,000 7,854,400 New Assets Municipal Redevelopment 30,770 2013 final bills plus $15K for design of potential relocation of computer room and IT staff offices Frontage Road improvements (VRA) - - 3,000,000 _ _ _ Previously in 2014; pushed to 2015; From LH Parking structure to Municipal building to coincide with new LH ,parking structure entry; funded by VRA (see transfers below) _ 2013 Feasibility study - funded by VRA; CDOT sharing 50 % of costs (see revenue above); 2014= portion of this project assuming we are awarded RAMP funding - Completion of the project; Funded by the Vail Reinvestment Authority (see Transfers below) Simba Run Underpass (VRA) 400,000 Welcome Center (VRA) 94,536 - - - - East LionsHead Portal (VRA) 463,561 - _ _ _ _ 2013 for final bills; Remaining items include landscaping in the spring; repairs to a paver area because holding water; Funded by the Vail Reinvestment Authority (East LH Circle) West LionsHead Portal (VRA) 129,544 Re- appropriation to continue project; Funded by the Vail Reinvestment Authority (Concert Hall Plaza) Library Remodel (VRA) 298,497 - 2,000,000 - Re- appropriate to finish project / cover final bills; Funded by the Vail Reinvestment Authority (see Transfers below) Lionshead Parking Structure Entry (VRA) 200,000 _ _ _ Improve entry area into LH parking structure including booth attendant stations prior to 2015 World Championship; 1,000,000 - 2013 design; 2014 construction. Reimbursed by VRA (see transfers below) Lionshead Medians (VRA) Median construction from LH parking structure to Vail Spa; Council approved design already Sundial Plaza fountain & surround (VRA) 840,568 Fountain and park improvements East LH Circle pathwa to Dobson VRA 890,000 Improve connection from the E LionsHead bus stop to Dobson Dobson Plaza (VRA) 1,075,000 Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts) Buy-down Program 402,118 Carry forward program fundin TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost Revisions / newly added project * Placeholder items 2018 Changes since 9/17/13 Council meeting Amended 2013 2014 2015 2016 2017 Buy -down Program Funded by Pay -in -Lieu 600,420 - _ _ - Carry forward current balance of program funding: Housing funded directly by Pay -in -Lieu fees collected from developers Total New Assets: 3,460,014 3,600,000 4,000,000 4,165,000 2,200,000 Total Expenditures 13,987,973 10,112,100 8,435,500 22,613,800 9,882,100 10,195,800 Transfer from Vail Reinvestment Authority 2,306,706 3,950,000 4,050,000 4,215,000 2,250,000 50,000 2013: Guest Svcs $570K; Library remodel completion $298K; East LH Portal $463K; West LH Portal $130K; LH Parking Structure entry $200K; Sundial Plaza $a41 K; Simba Run feasibility study $200K; LH Parking Structure annual capital maintenance $310K; 2014: Simba Run Underpass $600K, LH Parking structure entry $2.0M, Lionshead medians $1.0M; parking equipment at LH $300K and annual LH parking structure capital maintenance $50K. Revenue Over (Under) Expenditures (9,933,119) 4,165,890 6,415,360 (6,966,663) 3,523,404 1,344,453 Beginning Fund Balance 17,427,108 7,493,989 11,659,879 18,075,239 11,108,576 14,631,980 Ending Fund Balan 1 7,493,989 11,659,879 1 18,075,239 1 11,108,576 14,631,980 1 15,976,434 O N O W TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost Revisions / newly added project Amended * Placeholder items 2013 2014 2015 2016 2017 2018 Changes since 9/17/13 Council meeting Revenue Real Estate Transfer Tax $ 3,871,000 3,900,000 4,173,000 4,465,000 4,778,000 5,112,000 Less than 1 % increase from 2013 forecasted; Then 7% per year Golf Course Lease 129,426 132,014 134,655 137,348 140,095 142,896 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovenmental Revenue 20,000 20,000 20,000 20,000 20,000 20,000 $20K Lottery fund proceeds Project Reimbursements 1,165,000 - - - VRD portion for Golf Course Clubhouse construction Recreation Amenity Fees 10,000 10,000 10,000 10,000 10,000 10,000 Earnings on Investments and Other 46,789 33,712 7,374 6,888 10,090 3,535 Total Revenue 5,242,215 4,095,726 4,345,029 4,639,236 4,958,184 5,288,431 Expenditures Maintain Town. Assets Annual Park and Landscape Maintenance 1,373,854 1,430,376 1,458,984 1,488,163 1,517,926 1,548,285 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5%) 233,550 195,000 208,650 223,250 238,900 255,600 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 90,000 65,000 65,000 65,000 65,000 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town - owned property at approx. $120 per tree; Initiating tree - planting program for lost trees Forest Health Management 207,710 195,000 195,000 195,000 195,000 195,000 Pine beetle mitigation in conjunction w/ forest service; Wildfire prevention measures Street Furniture Replacement 75,000 75,000 - 10,000 25,000 25,000 2013 and 2014 increased requests for bike racks and benches throughout town; also includes annual replacement or capital repairs Glen Lyon Bridge - - 150,000 - - - Re- decking of recreation path bridge; too large a project to include in annual rec path captial maintenance Alpine Garden Support 65,620 65,620 66,932 66,932 68,271 68,271 Annual operating support of the Betty Ford Alpine Gardens E River Watershed Support 62,000 62,000 63,240 63,240 64,505 64,505 Annual support of the Eagle River Watershed Council programs PuJRc Art - Operating 94,005 95,902 97,820 99,776 101,772 103,807 Art in Public Places programming En nmental Sustainability 255,657 250,000 1 250,000 250,000 250,000 250,000 Environmental Sustainability programs ToM Maintenance 2,457,396 2,433,898 2,555,626 2,461,362 2,526,374 2,575,468 Enhancement of Town Assets Rec. Path Capital Maint 98,339 104,796 104,837 103,362 111,040 114,371 Capital maintenance of the town's recreation path system Park / Playground Capital Maintenance 89,000 90,500 87,500 82,000 87,500 90,000 Minimal increases across years; Annual maintenance items include projects such as playground surface refurbishing, replacing bear -proof trash cans, painting /staining of play structures, picnic shelter additions /repairs, and fence maintenance Flood Incident repairs Donovan Park Master Plan Library Recreation Path Reconstruction Streambank/tract mitigation ater Quality /Storm Water East Vail Interchange Improvements Skate Park - temporary 930,832 - - 25,0 00 - 200,000 945,000 950,000 750,000 _ 350,000 - - 260,000 2012 repairs to culverts, drainage, etc To separate and update the bonovan Park master plan from the Ford Park master plan Reconstruction of the recreation path from the Vail Library to Lionshead, including 12 ft wide concrete trail, - - - repairs to eroded culverts at Middle Creek and stream bank erosion repair (50 ft. section); Per Council 9/17/13, do planning /design in 2014 and construction in 2015 Pending Eagle River Water District study results; Includes estimates for streambank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation) Would accompany repairs made with streambank/tract mitigation for storm water and culverts 2016: Water quality improvements of $431,500 to create 4 "dry" ponds for run off to improve water quality, 4 120,500 1,089,760 water quality vaults instead of ponds to allow landscaping the area would cost an incremental $689,000; 2017: Landscaping design and construction of the interchange: $1,089,760 Replacement of temporary skate park; a permanent site has not been identified. Estimated cost of a permanent site is from $500K - $1.OM; Per Council 8/21/12, move budget for temp. to 2014, with intent of selecting a permanent site in the next two years. Bike Lanes: N. Ftg Rd Moved up to 2014 from 2015 to correspond with CDOT overlay next year; Bike lane shoulder from Red Sandstone school to Buffehr Creek Bike Lanes: S. Ftg Rd 688,015 - 50,000 500,000 =Moved 304,000 250,000 -. - - Bike lane shoulders: In 2013 from West Vail roundabout to Matterhorn; 2014 from Matterhorn to Cascade to be done in conjuction with Cascade CDOT parking project Ford Park Safety Improvements up to 2014 to coincide with Ford Park improvements; Ford Park playground built in 2000; improvements were previously scheduled for 2015 Ford Park Portal Improvements - - - TOV portion of improvements to six portals into Ford Park; Matching contribution from Vail Valley Foundation; 2013 for design; Transferred $750K to 2013 Ford Park Fields per Council 816/13 ($100K tfd in 2013 and $650K in 2014) Continue revisions to Ford Park Masterplan Re- vegetate the slope down toward the river at the Ford Park parking lot Ford Park Master Plan - - Ford Park Parking Lot Slope Revegetation 100,000 - - - Booth Creek Playground Booth Creek Tennis Courts - 385,250 - 262,000 - - - Previously in 2012; deferred to 2014 Reconstruction of the tennis courts, pending outcome of overall park design identified below TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost Revisions / newly added project * Placeholder items 2018 Changes since 9/17/13 Council meeting Amended 2013 2014 2015 2016 2017 Booth Creek Park redevelopment Donovan Park 250,000 - 304,000 1,556,880 Per council 9/17/13 move forward design /planning dollars to 2013, then construction in 2017 2015 safety improvements to playground / park Public Art - General program / art 388,027 80,000 85,000 85,000 85,000 85,000 To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each year to accumulate enoughfunds Public Art - Winterfest 58,230 Annual Winterfest event; approximate cost of $25K per year; rely on donations Total Enhancements 3,502,443 5,161,546 1,526,337 1,390,862 2,930,180 289,371 VRD- Managed Facility Projects Recreation Enhancement Account 129,426 132,014 134,655 137,348 140,095 142,896 Annual rent paid by Vail Recreation District; to be re- invested in asset maintenance Golf Course - Other 664,417 108,967 20,276 97,498 15,763 311,739 2014 asphalt parking area by storage maintenance building; 2018: Reconstruction of the 11th hole pumphouse Dobson Ice Arena 68,480 14,475 105,721 23,166 254,413 10,300 Refurbishment of wood exterior and landscape improvements; renovate changing rooms and restrooms; 2017 low slope roof, electrical switch gears Ford Park / Tennis Center Improvements 2,768 12,270 69,006 9,785 5,176 6,213 2015 tennis club roof; Athletic Fields 2,848 15,604 3,764 18,254 - 2014 and 2016: asphalt overlay of parking lot Gymnastics Center - - - - 44,408 2017: Restrooms Nature Center 10,646 20,000 65,000 2015: wood siding; 2016 Exterior windows, doors and slope roof Total VRD - Managed Facility Projects 878,584 283,330 853,422 351,050 459,855 471,148 New Assets Golf Course Clubhouse (CCF) O 6,383,739 - - - - - Re- appropriation to continue project. Total includes (from 2012) $1.15M reimbursement from VRD, allocation of Recreation Enhancement Funds $504K and Conference Center funds of $3.8M (Total project cost estimated at $6.8M) fV FoRPark Fields W 8,838,782 Per council 8/6/13 move up $2.71M from 2014 budget plus use $100K in 2013 and $650K in 2014 from Ford Park Portal Improvements (to help offset the $1.5 shortfall) plus $218K for VVF shared costs; Re- appropriated balance plus transfer of $360K from Frontage Road Bike Lanes above for reconstruction of the streamwalk along Ford Park (reducing the slope grade from a max of 17% to a max of 6 - 7 %) and transfer of $416K from Ford Park/Tennis budget; Ford Park Amphitheater 1,210,000 - - - - - VVF's portion of Phase I construction and Phase II planning Public Restrooms 368,268 Restrooms at lower bench of Ford Park Total New Assets: 16,800,789 Total Expenditures 23,639,212 7,878,774 4,435,385 4,203,274 5,916,409 3,335,988 Other Financing Sources (Uses) Transfer from Conf Center Fund 6,785,000 - _ - Transfer from Conf Center Funds for Golf Clubhouse ($3.8M) and Ford Park Field projects ($3.5M), less $515K transferred in 2011 for planning /design Lionshead Medians (VRA) Revenue Over (Under) Expenditures (11,611,997) 3,783,048) (90,356 ) 435,962 (958,225) 1,952,443 Beginning Fund Balance 16,427,966 4,815,969 1,032,921 942,565 1,378,527 420,303 Ending Fund Balance $ 4,815,969 $ 1,032,921 $ 942,565 $ 1,378,527 $ 420,303 $ 2,372,746 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND Revenue Business Licenses Earnings on Investments Total Revenue Expenditures Commission on Special Events Collection Fee - General Fund Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2012 2013 2014 Actual Original Proposed 316,615 317,100 317,100 $ 332,297 $ 332,000 $ 332,000 1,750 2,000 1,500 334,047 334,000 333,500 300,000 300,000 300,000 16,615 17,100 17,100 316,615 317,100 317,100 Budget Amended Proposed Comments Revenue 17,432 16,900 16,400 1,200 1,200 Total Revenue 46,890 156,543 173,975 190,875 $ 173,975 $ 190,875 $ 207,275 CONFERENCE CENTER FUND Expenditures - General Government Ford Amphitheater Project 1,257,306 - 842,694 Ford Park Amphitheater Total Expenditures 1,257,306 - 842,694 - Other Financing Sources (Uses) Transfer to RETT Fund - 6,785,000 Ford Park Fields, Golf Clubhouse Redevelopment Revenue Over (Under) Expenditures (1,210,416) 1,200 (7,626,494) 1,200 Beginning Fund Balance 8,915,791 77,591 7,705,375 78,791 Ending Fund Balance $ 7,705,375 $ 78,791 $ 78,881 $ 79,991 10/1/2013 24 2013 2012 Original 2013 2014 Actual Budget Amended Proposed Comments Revenue Earnings on Investments 46,890 1,200 1,200 1,200 Total Revenue 46,890 1,200 1,200 1,200 Expenditures - General Government Ford Amphitheater Project 1,257,306 - 842,694 Ford Park Amphitheater Total Expenditures 1,257,306 - 842,694 - Other Financing Sources (Uses) Transfer to RETT Fund - 6,785,000 Ford Park Fields, Golf Clubhouse Redevelopment Revenue Over (Under) Expenditures (1,210,416) 1,200 (7,626,494) 1,200 Beginning Fund Balance 8,915,791 77,591 7,705,375 78,791 Ending Fund Balance $ 7,705,375 $ 78,791 $ 78,881 $ 79,991 10/1/2013 24 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade -ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2012 2013 2013 2014 Actual Original Amended Proposed $ 2,751,409 $ 2,934,780 $ 2,934,780 $ 3,011,352 86,508 - - - 10,993 16,084 16,084 14,650 174,848 111,920 111,920 127,380 3,023,758 3,062,784 3,062,784 3,153,382 948,963 1,016,396 1,016,396 973,366 1,420,646 1,434,948 1,434,948 1,467,074 614,188 648,700 828,900 975,900 2,983,796 3,100,044 3,280,244 3,416,340 39,962 (37,260) (217,460) (262,958) 2,270,213 2,116,145 2,310,175 2,092,715 $ 2,310,175 $ 2,078,885 $ 2,092,715 $ 1,829,757 HEALTH INSURANCE FUND 2012 2013 2013 2014 Actual Original Forecast Proposed Revenue 480,000 490,000 612,246 - Town of Vail Interagency Charge - Premium $ 2,884,137 $ 2,903,000 $ 3,082,000 $ 3,170,000 Employee Contributions 434,709 440,000 495,000 545,000 Insurer Proceeds 73,896 550,000 275,000 300,000 Earnings on Investments 8,833 10,000 10,000 10,000 Total Revenue 3,401,575 3,903,000 3,862,000 4,025,000 Expenditures Health Inusrance Premiums HC Reform Reinsurance Fee Claims Paid Short -term Disability Pay Professional Fees Total Expenditures Revenue Over (Under) Expenditures 420,104 480,000 490,000 612,246 - - - 25,000 3,193,950 3,500,000 3,275,000 3,450,227 10,297 20,000 32,000 20,000 20,000 20,000 20,000 20,000 3,644,351 4,020,000 3,817,000 4,127,473 (242,776) (117,000) 45,000 (102,473) Beginning Fund Balance 954,384 819,384 711,608 756,608 Ending Fund Balance $ 711,608 $ 702,384 $ 756,608 $ 654,135 10/1/2013 25 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 10/1/2013 26 2012 2013 2013 2014 Actual Original Amended Proposed Revenue E911 Board Revenue $ 744,156 $ 801,603 $ 801,603 776,956 Interagency Charges 1,171,062 1,127,338 1,127,338 1,151,619 Town of Vail Interagency Charge 572,706 569,193 569,193 590,961 Earnings on Investments 7,688 10,000 10,000 8,200 Total Revenue 2,496,029 2,508,134 2,508,134 2,527,736 Expenditures Salaries & Benefits 1,707,137 1,947,887 1,947,887 1,937,340 Operating, Maintenance & Contracts 512,314 546,388 546,388 545,326 Capital Outlay 276,014 20,000 177,146 - Total Expenditures 2,495,465 2,514,275 2,671,421 2,482,666 Revenue Over (Under) Expenditures 564 (6,141) (163,287) 45,070 Beginning Fund Balance 799,419 463,578 799,983 636,697 Ending Fund Balance $ 799,983 $ 457,437 $ 636,697 $ 681,767 10/1/2013 26 ORDINANCE NO. 15 SERIES OF 2013 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long -range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2014 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2014, and ending on the 315` day of December, 2014: FUND AMOUNT General Fund $33,010,772 Capital Projects Fund 10,112,100 Real Estate Transfer Tax Fund 7,878,774 Vail Marketing Fund 317,100 Heavy Equipment Fund 3,416,340 Dispatch Services Fund 2,482,666 Health Insurance Fund 4,127,473 Total 61,345,225 Less Interfund Transfers (7,075,223) Net Expenditure Budget 54,270,002 Ordinance No. 15. Series of 2013 10/1/2013 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2014 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. 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, this 1st day of October, 2013. A public hearing shall be held hereon on the 15th day of October, 2013, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 15. Series of 2013 10/1/2013 Alby Segall <alby @asegall.com >B September 27, 2013 8:35 AM To: Stan Zemler <szemler @vailgov.com> Cc: Pamela Brandmeyer <PBrandmeyer @vailgov.com>, Kelli McDonald <KMcDonald@vailgov.com> Vail Symposium 2 Attachments, 55 KB Stan, I heard yesterday that the Vail Town Council has not at this point in the process included funds for the Vail Symposium in the 2014 budget. I met with each Council member including you to try to make the case that the Vail Symposium fits perfectly into the newly created funding category Tier IV — Life -Long Learning/New Program Development/Education. In fact, the Vail Symposium is specifically mentioned as a program that would fit into this category. I was told that there are a few concerns regarding our application submitted well in advance of the deadline. There was some concern that we mentioned we might present a few programs in other communities. This possibility, which is now tabled, came about when local merchant Terry Betteridge asked if we would like to do a Vail Symposium in each of his other stores, Greenwich, Connecticut and Palm Springs, Florida in order to encourage his customers to come to Vail. While we like this idea, especially if it puts heads in beds and allows us to "double up" with East Coast speakers, it is currently not being actively considered. We were also informed that our administrative costs seemed high. The Vail Symposium cut its annual budget by over 20% this last year largely by reorganizing staff. We have the equivalent of two full time employees. I serve as the President at an annual contracted compensation of $48,000 for 50% time. Our Program Director also is on a contract for $25,000 for 50% of his time. Our only employee is the Administrative Officer at a full time schedule with benefits at $40,000 per year. These three positions represent over 50% of our entire operating budget. We utilize no additional outside services that we have to pay for. The Vail Daily largely subsidizes our rent. Everything we do goes towards producing the twenty -five plus programs we present each year. We have recently made the decision to focus our program efforts on the winter season to avoid competing with Bravo, International Dance, Jazz and Pro Cycle Challenge. In fact we are in active discussions to coordinate summer programming with these sister organizations. We will produce one "signature" event each summer that concentrates in depth on one critical topic. As we stated in our application, we believe that the Vail Symposium helps make Vail a community not just a resort. If you believe that nourishing the mind is as important as nourishing the body, we are the best restaurant in town. No other organization is uniquely dedicated to intellectual pursuit and engaging conversation for the residents and guests of Vail. Our forty -two year history and legacy of bringing an intellectual component to Vail should speak for itself. I have attached both our Winter Program Series and our tentative Summer Series so you can see what we are planning. Hopefully, our role in this community and our clear need for financial support will be part of the October 1 and October 15 conversations. Thank you again for your consideration. Alby Segall President Vail Symposium t� V "y_h]R_�doc (a KB) C. SUMMER 20 .... doc (27 KB) Alby alby @asegall.com 303.520.4962 SKYPE. albysegall Vail Symposium Winter 2014 14 Programs 2 Fundraisers 1. December 2 TED X Women 2. December 12 Living At Your Peak /Beaver Creek Series Stem Cell Research and Practice Panel: Diana DeGette, Scott Brandt, Rick Perry Moderator: Rohn Robbins 3. December 28 Hot Topics International Finance: David Rubenstein Interviewer: Richard Bard ** *January 17 Poker Tournament at Cordillera Cordillera Series Speaker: Greg Dinkin 4. January 23 Hot Topics Is Our Homeland Secure? Gary Hart Interviewer: Rohn Robbins S. januaU 30 Living At Your Peak Final Gifts Maggie Callanan 6. February 6 Unlimited Adventure Snowshoe Heaven Panel: Ellen Miller, Jon Kedrowski Moderator: Adam Katzen 7. February 13 Hot Topics The Fall Out of Dodd Frank Barney Frank Interviewer: Richard Bard 8. February 25 Hot Topics Marketing Colorado Panelists: Kelly Brough, Aaron Kennedy, Steve Sander Moderator: Chris Romer 9. February 28 Unlimited Adventure How To Deal With Fear Stephen Koch 10. March 4 Hot Topics The Fed Inside and Out Esther George Interviewer: Richard Bard ** *February 27 Fundraiser Movie: Somm Tasting and pairing with Grand Masters 11. March 13 Hot Topics GMO Debate Panelists: Jeffery Smith and Gregory Stock Moderator: Rohn Robbins 12, March 20 Living At Your Peak Eben Alexander 13. March 27 Hot Topics Education Reform Panelists: Frederick Hess and Randi Weingarden Moderator: Rohn Robbins 14. April 3 Living At Your Peak The Evidence of A Higher Consciousness Jane Katra Vail Symposium Winter 2014 14 Programs 2 Fundraisers 1. December 2 TED X Women 2. December 12 Living At Your Peak /Beaver Creek Series Stem Cell Research and Practice Panel: Diana DeGette, Scott Brandt, Rick Perry Moderator: Rohn Robbins 3. December 28 Hot Topics International Finance: David Rubenstein Interviewer: Richard Bard ** *January 17 Poker Tournament at Cordillera Cordillera Series Speaker: Greg Dinkin 4. anuary 23 Hot Topics Is Our Homeland Secure? Gary Hart Interviewer: Rohn Robbins 5. January 30 Living At Your Peak Final Gifts Maggie Callanan 6. February Unlimited Adventure Snowshoe Heaven Panel: Ellen Miller, Jon Kedrowski Moderator: Adam Katzen 7. February 13 Hot Topics The Fall Out of Dodd Frank Barney Frank Interviewer: Richard Bard 8. February 25 Hot Topics Marketing Colorado Panelists: Kelly Brough, Aaron Kennedy, Steve Sander Moderator: Chris Romer 9. February 28 Unlimited Adventure How To Deal With Fear Stephen Koch 10. March 4 Hot Topics The Fed Inside and Out Esther George Interviewer: Richard Bard ** *February 27 Fundraiser Movie: Somm Tasting and pairing with Grand Masters 11. March 13 Hot Topics GMO Debate Panelists: Jeffery Smith and Gregory Stock Moderator: Rohn Robbins 12, March 20 Living At Your Peak Eben Alexander 13. March 27 Hot Topics Education Reform Panelists: Frederick Hess and Randi Weingarden Moderator: Rohn Robbins 14. April 3 Living At Your Peak The Evidence of A Higher Consciousness Jane Katra SUMMER 2014 VAIL SYMPOSIUM SERIES all dates and speakers tentative) 1. June 25 or 26 Bravo and Vail Symposium Presents Preparation For the Game Dirk Nowitzki (Dallas Mavericks) and Demarre McGill (Dallas Symphony Orchestra Principal Flutist) and /or 2. my 14 Bravo and Vail Symposium Presents A Passion for Classical Music Benjamin Zander 3. July 21 Vail International Dance Festival and Vail Symposium Presents Leading Ladies with writer and producer Erika Randall Beahm 4. July 26 Festa d'Italia Vail Symposium Fundraiser S. August 14 and 15 The Vail Symposium Signature Series Educate! 6. August 20 Pro Cycle Challenge and Vail Symposium Presents Generations of Pros with Connie Carpenter- Phinney and Taylor Phinney 7. August 26 or 27 Vail Jazz Foundation and Vail Symposium Presents the History of Jazz Part One with Bill Kirchner and /or 8. August _ 29 Vail Jazz Foundation and Vail Symposium Presents the History of Jazz Part Two with Bill Kirchner 9. September 14 Vail Symposium Second Annual Taste of Golf Tournament at Cordillera rowH Of vnKK i i1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 1, 2013 ITEM /TOPIC: First Reading of Ordinance No. 1, Series of 2013, An Ordinance Adding A New Section 2 -1 -4 to the Vail Town Code, To Ensure Adeqate Funding for the Town's Long - Range Capital Program PRESENTER(S): Matt Mire & Judy Camp ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2013, on first reading. BACKGROUND: On November 6, 2012, the registered electors of the Town of Vail voted to amend Section 9.4 of the Vail Town Charter, relating to the Town's long -range capital program. Section 9.4 of the Vail Town Charter now requires that each annual budget include a long -range capital program as established by ordnance of the Town Council. To ensure adequate funding for the Town's long -range capitalprogram, the Council determines that certain aspects of the former Section 9.4 of the Vail Town Charter should be adopted by ordinance. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2013, on first reading. ATTACHMENTS: Ordinance No. 1, Series of 2013 10/1/2013 ORDINANCE NO. 1 SERIES 2013 AN ORDINANCE ADDING A NEW SECTION 2 -1 -4 TO THE VAIL TOWN CODE, TO ENSURE ADEQUATE FUNDING FOR THE TOWN'S LONG - RANGE CAPITAL PROGRAM WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, on November 6, 2012, the registered electors of the Town of Vail voted to amend Section 9.4 of the Vail Town Charter, relating to the Town's long -range capital program; WHEREAS, Section 9.4 of the Vail Town Charter now requires that each annual budget include a long -range capital program, with the percentage of revenues to be allocated to the long -range capital program as established by ordinance of the Town Council; and WHEREAS, to ensure adequate funding for the Town's long -range capital program, the Council determines that certain aspects of the former Section 9.4 of the Vail Town Charter should be adopted by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Vail Town Code is hereby amended by the addition of the following new Section 2 -1 -4: 2 -1 -4: CAPITAL PROGRAM: Pursuant to Section 9.4 of the Vail Town Charter, each annual budget shall include a long -range capital program. To ensure adequate funding for the long -range capital program, at least thirty -eight percent (38 %) of all sales tax revenues received by the Town shall be used for capital improvements, open space acquisition, or open space improvements, or for the payment of debt service to finance the same, unless otherwise approved by not less than five (5) affirmative votes of the Town Council. Section 2. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. The amendment of any provision of the Town Code 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 Ordinance No. 1. Series of 2013 10/1/2013 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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 1St day of October, 2013 and a public hearing for second reading of this Ordinance set for the 15th day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of October, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 1. Series of 2013 10/1 /A 3 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 1, 2013 ITEM /TOPIC: Adjournment (8:00 p.m.) 10/1/2013 rowH Of vnKK i i1