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HomeMy WebLinkAbout2014-08-05 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., AUGUST 5, 2014 ruwx OF va' ii> 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: Citizen Participation (10 min.) 2. ITEM /TOPIC: Consent Agenda: 1) Council minutes from July 1, 2014 meeting 2) Council minutes from July 15, 2014 meeting 3) VLMD minutes from July 15, 2014 meeting 4) Award Contract for Variable Message Board (5 min.) 3. ITEM /TOPIC: Any Action as a Result of Executive Session (5 min. ) BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. 4. ITEM /TOPIC: Town Manager's Report 1) Update on Vail Valley Medical Center's parking related to municipal property and next steps, (5 min. ) 5. ITEM /TOPIC: The Rocky Mountain Recreation and Wilderness Preservation Act seeks to preserve areas with exceptional scenic and recreation values located in the White River National Forest in Summit and Eagle Counties. The newly revised proposal includes the No Name, Spraddle Creek, and Freeman Creek portions in Eagle County. (20 min.) PRESENTER(S): Courtney Krause, Nissa Erickson, Congressman Jared Polis' Office ACTION REQUESTED OF COUNCIL: Congressman Polis greatly appreciated the resolution of support from Vail Council in 2010, and would appreciate the Vail Council's renewed support for the updated version of the bill. BACKGROUND: Congressman Polis previously introduced the Eagle and Summit County Wilderness Act in 2010 (H.R. 6280) and again in 2011 (H.R. 1701). From 2012 -2014, Congressman Polis conducted an extensive public process and continued to work with local stakeholders. The two -year process led to a recreation- and conservation- oriented bill, which is reflected in the new name for the proposal — the Rocky Mountain Recreation and Wilderness Preservation Act. Please review the documents and maps as there have been significant modifications to this bill from previous 2010 and 2011 versions of the bill. 8/5/2014 6. ITEM /TOPIC: Booth Creek Park Update: The purpose of this discussion is to present the recommended list of park amenities to be included in the design of Booth Creek Park for the Town Council to review and accept or modify and approve. 2. (30 min.) PRESENTER(S): Todd Oppenheimer, Public Works ACTION REQUESTED OF COUNCIL: Staff requests the Council to review the suggested Design Program and approve and as written or as modified, and direct staff to prepare a Preliminary Design Concept for review by the community and Council. BACKGROUND: Please see the attached memorandum. STAFF RECOMMENDATION: Staff recommends the Council approve the suggested Design Program, as written or as modified, and direct staff to prepare a Preliminary Design Concept for review by the community and Council. 7. ITEM /TOPIC: A request to extend the termination date of the Timber Ridge Pre - Development Agreement. (15 min.) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to extend the termination date of the Timber Ridge Pre - Development Agreement. The request is to extend the termination date of the Agreement from August 15, 2014 to September 16, 2014. All other terms of the Pre - Development Agreement will remain unchanged. Is the Vail Town Manager authorized to sign a letter agreement extending the termination date of the Timber Ridge Pre - Development Agreement to September 16, 2014? BACKGROUND: The Pre - Development Agreement established terms for the redevelopment of the Timber Ridge site. Among, other standard provisions, the Agreement established a "Term and Termination" provision. According to Section 6, of the Agreement, "This Agreement shall commence on the Effective Date and terminate on August 15, 2014 (unless such date is extended by mutual agreement of the Parties); provided that the Developer may terminate this Agreement earlier than such date upon thirty (30) days written notice to the Town." Based upon the Term and Termination provision, it was contemplated and understood by the Parties that an extension to the Agreement may be mutually beneficial. STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council authorizes the Town Manager to sign a letter agreement that extends the termination of the Pre - Development Agreement from August 15, 2014 to September 16, 2014. Said letter agreement must be approved as to form by the Town Attorney. 8. ITEM /TOPIC: Resolution No. 18, Series of 2014, A Resolution Approving a Development Agreement for the Timber Ridge Property. (15 min.) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED Of /00UNCIL: Approve, approve with modification, or deny Resolution No. 18, Series of 2014. BACKGROUND: The Town of Vail ( "Town ") and Gorman & Company, Inc. ( "Developer ") are in the final stages of implementing a redevelopment plan for the easternmost 5.24 acres of property at the Timber Ridge Village Apartments. To date, the Town and Developer have agreed upon both a Ground Lease and Deed Restriction intended to facilitate the redevelopment project. The approval of the Timber Ridge Development Agreement is one of only a few remaining issues to address by the Town and Developer. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves the Development Agreement as presented. Staff finds the proposed Agreement addresses all of the necessary issues required to facilitate the redevelopment project as approved and agreed upon by the two parties. 9. ITEM /TOPIC: Resolution No. 21, Series of 2014 A Resolution Approving the Ground Lease and Deed Restriction for the Timber Ridge Property (15 min. ) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 21, Series of 2014 BACKGROUND: The Town of Vail is interested in redeveloping the eastern 5.24 acres of the Timber Ridge property in Vail. The proposed ground lease and deed restriction documents are necessary to successfully carry out the redevelopment project. With the ground lease and deed restrictions in place, the project will remain on schedule for the completion of the project by the Fall of 2015. STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council approves the ground lease and deed restriction as presented. 10. ITEM /TOPIC: Second reading of Ordinance No. 13, Series 2014, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Dispatch Services Fund (10 min.) PRESENTER(S): Kathleen Halloran, Assistant Director Finance ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 13, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 13, Series 2014 11. ITEM /TOPIC: First reading of Ordinance No. 14 Series of 2014, An Ordinance Amending Sections 5 -4 -9 and 5 -4 -10 of the Vail Town Code Relating to the Possession, Consumption and Use of Nicotine Products by Minors and the Sale of such Products to Minors (15 min. ) PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED (* /C*UNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2014, upon second reading. BACKGROUND: The Colorado General Assembly recently passed Senate Bill 2014 -18, which prohibits furnishing and /or selling nicotine products to minors, including electronic devices that deliver nicotine. Sections 5 -4 -9 and 5 -4 -10 of the Vail Town Code govern restrictions on tobacco products and minors, but do not include nicotine products such as electronic cigarettes. 12. ITEM /TOPIC: Adjournment (8:25 p.m.) 8/5/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Citizen Participation 8/5/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Consent Agenda: 1) Council minutes from July 1, 2014 meeting 2) Council minutes from July 15, 2014 meeting 3) VLMD minutes from July 15, 2014 meeting 4) Award Contract for Variable Message Board ATTACHMENTS: Minutes from July 1, 2014 meeting Minutes from July 15, 2014 meeting VLMD Minutes from July 15, 2014 meeting Council Memorandum VMS Contract 8/5/2014 TOWN Of vn' 1[1 Vail Town Council Meeting Minutes Tuesday, July 1, 2014 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, Mayor Pro Tern Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with the following input: Paul Rondeau, resident, requested the council consider reinstating a brochure that was created a few years ago which provided information about public input and meeting protocols. He also suggested the brochure /flyer address what "follow up" occurs with public input, questions or concerns. There was full support to move forward with this request; staff was asked to follow up. He also spoke about creating a card /brochure to distribute to businesses, visitors and community that would address the current state of affairs related to marijuana. The second item was the Consent Agenda as follows: 1) Council Meeting Minutes from June 3, 2014 Bugby moved to approve the minutes; Kurz seconded the motion and it passed unanimously (7 -0). 2) Council Meeting Minutes from June 17, 2014 Bugby moved to approve the minutes; Rogers seconded the motion. Mayor Daly requested that more detail be provided with regard to public testimony presented during the marijuana discussion from that evening. The motion passed unanimously with an amendment to the June 17 minutes that would include the detail of the public input (7 -0). 3) Award for Town of Vail Wayfinding and Signage Contract Moffet moved to approve awarding the contract for wayfinding and signage to Ad Light & Sign, the lowest bidder, in an amount not to exceed the $260,481 and to approve the purchase of VMS signs in the amount of $97,100 . Rogers seconded the motion and it passed unanimously (7 -0). The third item on the agenda was the Town Manager's Report which included an update about the July 4t" America Day's parade and town council's participation in the festivities. The fourth item on the agenda was an interview with James Wilkens, the only applicant for the Vail Local Housing Authority vacancy. James Wilkens addressed the council with his interest to Town Council Meeting Minutes of July 1, 2014 Page 1 8/5/2014 serve on the housing authority. Council member's thanked him for First Bank's long term participation with the town's local housing authority board. Chapin nominated James Wilkens to serve on the Vail Local Housing Authority; Bugby seconded the motion and it was approved unanimously (7 -0). There were two additional items raised, 1) the employee luncheon scheduled to thank departments for their high scores on the community survey, 2) the Summit County housing tour scheduled for Tuesday, July 8, 2014. The fifth item on the agenda was an update from the Vail Valley Foundation's Ceil Folz for two events, 2015 World Alpine Ski Championships and the USA Pro Cycling Challenge. 2015 World Alpine Ski Championships beginning February 2 - 15, 2015: Some event planning highlights were presented by Ceil Folz as follows: ✓ Description of event venues and holding opening ceremonies at the Solaris Plaza rather than Golden Peak to accommodate more attendees ✓ Noted evening awards will be held at Solaris Plaza ✓ Displayed the racing bibs noting that there will be more countries and numbers of racers ✓ Information about including cheerleading groups ✓ Updated about the Nation's Team and Legends events to be held in Vail ✓ Information about creating a kind of "college game day" approach to the championships ✓ Noted that merchandise sales are doing great ✓ Working towards a "paper free environment" with marketing, etc., and thanked Vail for their efforts and support ✓ Previewed the sample 2015 marketing video ✓ Presented update on lodging and teams as well as the hospitality houses which have been confirmed for many of the countries ✓ Information about the Colorado Children's Choir who will be present to sing the anthems each night USA Pro Cycling Challenge on August 23, 2014 Some event planning highlights were presented by Adam Lueck as follows: ✓ Includes the Vail time trial race on Saturday, crowds are expected to be very good (25% to 50% higher than last year) ✓ Community will receive marketing information about race impacts, especially East Vail residents ✓ Looking for some activation for Friday evening Some Council input included questions about: Food vendors: it was noted that this will look like the first year's event including food & concessions on Meadow Drive and top level of transit center; this change was made because it seemed to work better in responding to the numbers of attendees. TV coverage: requested that coverage include much more focus on Vail areas and not 1 -70. Lodging Packages: were there special lodging packages being marketed; it was noted that VVF was becoming more active with this marketing. Tour name to include Colorado: it was noted that the name will likely continue in its current form which speaks to all of the United States; however there is no intent to move the race out of Colorado. Town Council Meeting Minutes of July 1, 2014 Page 2 8/5/2014 At this time Ludwig Kurz expressed his condolences to the family of Stan Bernstein who recently passed away. Mayor Daly acknowledged his tenure as Vail's first finance director and his many years serving Eagle County. The sixth item on the agenda was first reading of Ordinance No. 12, Series of 2014, An Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Town Attorney Matt Mire presented this ordinance noting the Town Council previously adopted a temporary ban until July 31, 2014, to allow town staff to study the effects of such marijuana establishments. It is suggested that additional time is still necessary to gather more information and to study the impacts of marijuana establishments in Town. Ordinance No. 12, Series of 2014 extends the temporary ban on the location or operation of marijuana establishments in the Town until August 4, 2015. Rogers moved to approve Ordinance No. 12; Bugby seconded the motion. There were some comments from Moffet who was concerned about voting yes on the ordinance and who suggested that staff review the "pot delivery" aspect since this is an active environment in Vail. He also encouraged that the topic be reviewed frequently throughout the next year with review being done on neighboring resorts, Breckenridge and Aspen. It was noted that zoning is used to limit this use and certain aspects of this use are difficult to enforce. Chapin noted some concern about potential lost revenue; Bruno thought the topic would be good to review on their tour to Aspen; Kurz requested at least two more years of review before making final determination; Bugby requested another vote be made before the next terms are up; Moffet preferred a ban on all other marijuana uses. Mayor Daly asked for public input and there was none given. The motion was approved unanimously (7 -0). The seventh item on the agenda was the DRB /PEC update as presented by George Ruther, Director of Community Development. There were two questions as follows: 1) Bugby asked about the fence approved for Vail Mountain School since these kinds of approvals are not typical in Vail. It was noted the fence was likely for their athletic fields, but they would follow up with an email. 2) Daly asked about Betty Ford Alpine Gardens Education Center and its approved uses and proposed uses and how this will tie in with Vail Nature Center. Ruther explained the Nature Center serves only an educational facility. The eighth item on the agenda was the information updates and there were no comments made. The ninth item on the agenda was the Matters from the Mayor, Council and Committee reports as follows: Chapin thanked Mayor Daly for his report and participation at the Vail Chamber & Business Association meeting and informed them that this group is hoping to become more active with the business community Rogers presented an update about her attendance at the town's health & wellness program as exceptional with an excellent speaker who spoke about staying healthy, the challenges, etc. She encouraged council members to get involved with this program. Daly also endorsed that council should become active in this program, noting that some of the more recent presentations he has heard express that Colorado has been at risk for some health and obesity issues. Town Council Meeting Minutes of July 1, 2014 Page 3 8/5/2014 Bugby spoke about the progress being made on the topic of the vacation rental program noting that a presentation would be made on July 15tH Kurz presented an update on Channel 5 Community Television board meeting. He noted that the operational and financial status have greatly improved with this organization. They are looking to develop a marketing plan as well. Moffet noted that he and Bruno attended the EGE Air Alliance meeting with an update about the Toronto flight and necessary funding it will need in order to guarantee for next season. Moffet also attended a mountain bike alliance meeting joining Avon and Eagle representatives. He spoke about funding mountain bike trails to create a mountain biking system that could help extend Vail's lodging season. Gregg Barrie, staff on this topic, also spoke about some trails that Vail could build that would speak to the beginners and intermediate bikers, which would also support the trails inventory. Bruno highlighted the work of the intern for the marketing district, Benjamin Solomon, who has created some social media output on behalf of Vail. His work highlights a great deal of what is happening in Vail. Daly also noted that the Vail Chamber and Business Association is a revitalized organization and he wants to help them get going and activated & will work with Allison for feedback and help in getting the business community feedback. He also spoke about the celebration of the new 18th hole. The tenth item on the agenda was the executive session and at 7:35 pm Moffet moved to convene into Executive Session, pursuant to: 1) 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 advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators; Regarding: alignment of Town of Vail bike paths. Rogers seconded the motion and it passed unanimously (7 -0). Upon convening back to regular session, it was noted that the only topic discussed was that reflected on the agenda and for the record there were no concerns noted that the session included any other matters not included in the motion. The eleventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion passed unanimously, (7 -0) and the meeting adjourned 8:00 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of July 1, 2014 8/5/2014 Page 4 Vail Town Council Meeting Minutes Tuesday, July 15, 2014 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, Mayor Pro Tern Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation. 1. Dick Clyde resident of Palm Beach and serving on their City Council, spoke about 1) the informal dress code, 2) the difference in meeting times, evening vs. afternoon, and 3) missing bench at Spruce Way for a westbound bus stop. His daughter who lives in Vail made note of this missing bench at that location. 2. Marion Curtin, supporter of the West Vail community garden, thanked town council for all their support. 3. Jonathan Levine, owner of Hummers of Vail, encouraged council to support the operation of limousines for the 2015 championships and spoke about the growing popularity of the uber services offered around the country. He asked the town council to support this kind of transportation service as a viable option in Vail. 4. Kevin Foley, resident and former council member, spoke about VRD's celebration next Tuesday for the new 18th hole; he invited the public to invited. He also asked them for support of the Children's Hospital bike ride and thanked them for the triple bypass bike ride support. The second item on the agendas was the Consent Agenda as follows: 1) Resolution No. 20, Series of 2014, VLMD Supplemental Budget Moffet moved to approve the consent agenda, Resolution No. 20; Kurz seconded the motion and it passed unanimously (7 -0). The third item on the agenda was action as a result of the executive session. Town Attorney Matt Mire noted the topics discussed at the earlier executive session and the following motions were made: 1. Regarding the Timber Ridge redevelopment proposal — Moffett moved to authorize Town Manager Stan Zemler and staff to continue negotiations with Gary Gorman and Jen Wright and to bring back proposed modifications to the current lease Town Council Meeting Minutes of July 15, 2014 8/5/2014 Page 1 structure for the Council's consideration and eventual public discussion. Kurz seconded and the motion passed unanimously (6 -1; Bugby nay). 2. Regarding Lot 10 (adjacent to VVMC) — Moffett moved to authorize Town Manager Stan Zemler to obtain an appraisal of Lot 10. Kurz seconded and the motion passed unanimously (7 -0). 3. Regarding the possible use of the Town's municipal parking lot and current Community Development site in Vail Valley Medical Center Master Plan (VVMC) — Moffett moved to authorize the Town Manager Stan Zemler and staff to continue negotiations with VVMC and to further analyze opportunities regarding possible use of portions of the Town municipal site in the VVMC master plan for parking and for other uses. Kurz seconded and the motion passed unanimously (7 -0). The fourth item on the agenda was the Town Manager's Report; there was nothing reported at this time. The fifth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the final decision of the Town of Vail Planning and Environmental Commission on May 12, 2014, denying a request for a major exterior alteration, pursuant to Section 12 -713-7, Exterior Alterations and Modifications, Vail Town Code, to allow for the construction of additions to the northeast corner of Wall Street Building, located at 225 Wall Street/Lots B &C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC140010) Dave Chapin recused himself from consideration of this item due to a conflict of interest on the matter related to leasing space in the building. Presenters for this matter included Bill & Meg Hanlon, representing MECO, LLP and Mark Sumon, architect for the project as well as Warren Campbell, Community Development staff. Mayor Daly summarized that the Planning and Environmental Commission denied the request for a major exterior alteration or modification, to construct new commercial floor area on the first floor at the northeast corner of the Wall Street Building, by a vote of 4 -3 -0. It was noted that the action requested of council included consideration of the information provided by the appellants, and hearing on the merits of the appeal, and then a decision to either uphold, uphold with modifications, or overturn the Planning and Environmental Commission's May 12, 2014, decision. The procedural criteria for the appeals process was identified in the packet memo and creates the structure of how the information is provided and considered by the town council. The historical decisions and conditions made in reference to this project and application were also outlined in the packet materials, which have occurred through 2013 and year to date 2014. The last action was on June 17, 2014, when the Vail Town Council continued this item to the evening's July 15, 2014, public hearing. Bill & Meg Hanlon and Mark Sumon spoke on behalf of their application. There were some general questions and comments made by town council members. Mayor Daly asked for public input and the following persons spoke about this appeal as follows: Dan Wolf, attorney representing Wall Street Condominium Association, expressed the Association's full support of the application in its current design as it is in the best interest of the owners of the property, both residential & commercial owners. There was concern expressed that if this redevelopment did not get approval now, improvements would never get completed. He asked for their support of this particular application. John Brennan, Vendettas owner, has reviewed the application and pictures of the view corridors, and does not see any issues with this application. He encouraged council members to support this project. Town Council Meeting Minutes of July 15, 2014 8/5/2014 Page 2 Paul Gotthelf, real estate agent, encouraged the council member's support approval of the plan as the property so very badly needs to be redeveloped. He doesn't see that saving the view corridor is all that impactFul to the project, since the view it would save is so small. Olin & Jay Park, owners of 304 Wall Street, expressed their support of the application noting they have no other agenda other than the building just needs to be improved upon and this does that in terms of design and exterior updates. There was no further input from staff or the public and the appellant, Meg Hanlon, thanked all who participated in the process. The public hearing on the matter was closed and council deliberated on the application at this time. The general consensus was that the project application should be able to proceed as submitted. Moffet moved to overturn the PEC decision denying a request for a major exterior alteration, pursuant to Section 12 -713-7, Exterior Alterations and Modifications, Vail Town Code, to allow for the construction of additions to the northeast corner of Wall Street Building, located at 225 Wall Street/Lots B &C, Block 5C, Vail Village Filing 1. Rogers seconded the motion and noted that while the council's preference is typically not to vote against a decision made by one of the Boards, this case and the submitted application in its current capacity does address a much needed improvement for the Wall Street building. In addition, she noted the overwhelming public support for the application, including both the neighbors and business owners, which only secured her decision to support overruling the PEC decision. Kurz also supported the motion to overturning the decision especially in light of the fact that the redevelopment would likely not happen otherwise. Community Development staff requested the motion include the conditions from the May 12th PEC meeting, and both Moffet and Rogers agreed to include those conditions as an amendment to the first and seconded motion. The motion passed unanimously (6 -0 -1; Chapen recused due to conflict). The sixth item on the agenda was discussion about the funding request by EGE Air Alliance and Eagle County for the Toronto Flight Guarantee for 2014/15 Season. Mike Brown, EGE Chairman, Greg Philips, Eagle County Regional Airport and Gabe Shalley, Vail Resorts, Inc., were present to discuss this topic. It was noted the EGE Air Alliance and the Eagle County Regional Airport partnered in Winter 2013/14 to bring the first ever international scheduled service to the airport from Toronto with Air Canada with great success during February and March. In order to retain the non -stop flights for a condensed schedule in 2014/15, Air Canada requested a minimum revenue guarantee capped at $115,000. The EGE Air Alliance in partnership with Eagle County and the Eagle County Regional Airport requested supplemental funding up to $57,500 from the Town of Vail to provide a minimum revenue guarantee for non- stop service from Toronto January 31 through March 21, 2015. Flights will occur weekly on Saturdays during this time period. It was noted their request had also been made to other parties, including Vail Resorts and City of Aspen. Those who have committed only include Eagle County and those who are not committing include Beaver Creek Resort Company. It was also noted they are still evaluating the Houston flight for next season. There was a reminder that the commitment is to "pledge" the revenue in case the flight does not generate the revenue guaranteed, so the funding may or may not be needed and an amount would not be confirmed until end of the next season. Vail Resorts, Inc. agreed to support the flight with some incremental marketing funding. There was also discussion about some of the following: ✓ The idea of getting the airlines to commit to a flight price guarantee ✓ The question about who the real stakeholders should include and the role of each, i.e., VRI, Eagle Airport, EGE Air Alliance, the communities including Beaver Creek ✓ Why isn't there work towards creating a European connection with the Canada flight Town Council Meeting Minutes of July 15, 2014 8/5/2014 Page 3 ✓ A request to review the proposed flight guarantee agreements The summary of the funding request was $115,000 in order to guarantee the Toronto flight would commit to the upcoming season. Eagle County had already committed $57,500 to the request. Moffet then moved to add $30,000 to the 2015 Town of Vail budget in order to help secure the flight and noted the Town is looking for a match from Beaver Creek Resort Company to also help with securing this flight. After some clarification from finance staff, Moffet requested the funding be budgeted in the 2014 budget. With some further discussion about clarifying who has come to the table with committed funding, Moffett revised his motion to approve that Town of Vail would commit to a $25,000 revenue pledge for the Toronto flight with an additional dollar match pledge up to $14,000 based on a committed pledge from Beaver Creek Resort Company for the Toronto flight. The pledge would be appropriated in the 2014 budget. Kurz seconded the motion and it passed unanimously (7 -0). The public was invited to comment and no one responded. The seventh item on the agenda was an update on the Vail Village Welcome Center Remodel presented by Greg Hall and John King, Public Works. It was noted the town budgeted for a remodel of the Vail Village Welcome Center and to date the remodel design plans have been completed, priced and valued engineered with the selected contractor as GE Johnson Construction, who completed the construction management / general contractor public proposal process. There was some discussion about using a bid process vs. this process and it was noted that projects have been filtered through both with pros and cons resulting from both processes. There was explanation as to the increase of construction costs as being due to an increase in activity with building and time of year. Moffet moved to authorize the additional $260,000 toward the Vail Village Welcome Center Remodel project budget and directed the Town Manager to award and enter into a contract for construction with GE Johnson. Kurz seconded the motion and it passed with a six to one vote (6 -1; Bugby opposed). The eighth item on the agenda was first reading of Ordinance No. 13, Series 2014, an ordinance making adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Dispatch Services Fund. Kathleen Halloran, Assistant Finance Director, presented this ordinance with some highlights as follows (further details in the council packet memo): The General Fund saw some adjustments of a net increase of $714,073 from an increase to Sales Tax projections with an offset of expenditures of $32,073 for the High Visibility DUI grant ($30K) and reimbursement for direct expenses incurred in assisting with the Red Tail Ranch fire ($2,073). These adjustments to the General Fund 2014 budget result in an estimated fund balance of $15.5 million by the end of 2014, or 48% of annual revenues. The Capital Projects Fund revenue would be adjusted by a total increase of $1,088,000, mainly from increased projections of both Sales Tax ($418,000 out of a total of $1.1 million projected increase) and Construction Use Tax ($500,000). The total request was to supplement 2014 expenditures by a total of $470,900 as noted by the following new projects or increases: ✓ $330,000 total increase to the Energy Enhancement project for the lighting upgrades to LED throughout town facilities as approved by Council May 6th. $170,000 of this is reimbursed by Holy Cross Electric (as mentioned above), and the additional $160,000 necessary to retrofit lighting fixtures to utilize LED technology. ✓ $135,000 in computer hardware to begin the replacement of the town's Intel platform (no longer supported since September 2013) with a new virtual server chassis environment of three "Simplivity Omnicubes ". IT will be requesting additional funds in the 2015 and 2016 budgets to ultimately install a total of seven "Omnicubes. Town Council Meeting Minutes of July 15, 2014 8/5/2014 Page 4 ✓ $5,900 is requested to upgrade the AM1610 public information radio equipment, which has been out of commission for approximately one year. The information provided on this channel includes road conditions, parking conditions, etc. and is broadcast only within town limits based on the location of radio tower equipment. All of the above adjustments would result in an estimated fund balance of $14.0 million by the end of 2014. Real Estate Transfer Tax (RETT) Fund budgeted revenues will increase by a total of $1.1 million, with $1.0 million increase forecasted for RETT collections and $99,900 reimbursement from CDOT (with corresponding expenditure) for water quality vaults to be installed as part of the implementation of the Gore Creek Water Quality Improvement Plan. Staff is also requesting to supplement 2014 expenditures by $250,000 in recycling education and rebates as approved by Council May 6th. Specifically, $50,000 will be used for community education; $75,000 for recycling rebates to help offset startup costs for commercial participants and $125,000 recycling container rebates for residential participants. Also included are two of the off -cycle contribution requests in the RETT fund as described in staff recommendations on pages 4 -5. The recycling program "Actively Green in 2015" ($37K) and fencing around the West Vail Community Garden ($18.5K) are proposed for funding from RETT based on environmental and parks /recreation eligibility requirements. The proposed budget adjustments will result in an estimated fund balance of $2.9 million by the end of 2014. Dispatch Services Fund The E911 Authority Board committed a total of $85,000 toward the purchase of a Mobile Communications Vehicle purchased this year. The town has received payment for $68,200, with the remaining $16,800 to be funded from the annual capital contributions the E911 Board makes to the Dispatch Services Fund. The $16,800 needs to be transferred to the Capital Projects Fund from where the Mobile Communications Vehicle is being paid. The 2014 Off -Cycle Contribution requests included the following: a. Colorado Ski Museum requesting $6,500 to complete development of a new multi -media interactive Self- Guided Tour Mobile App so that it can be in use by the start of this ski season. b. Vail Leadership Institute requesting $8,500 of funding to support the Leadership Tribute event on December 12 at the 10th restaurant on Vail Mountain. c. Vail Symposium requesting in -kind contribution of approximately $10,500 (could be less depending on the facility used) for use of the Donovan Pavilion, Grand View and the Vail Library. Anticipated use from now until December is one of the venues approximately 3 times. d. Walking Mountains requesting a total of $40,000 for the continuation of the Actively Green 2015 sustainable destination project to include 1) $6,000 for sustainability trainings for town businesses, 2) $6,000 would be used for sustainability certification support services for town businesses and 3) $28,000 would be used for a marketing campaign and awards /recognition celebration. The town contributed $16,000 from the Environmental Sustainability budget to the start of this project along with $40,000 from the Vail Valley Foundation. e. West Vail Community Garden requesting $18,500 to help fund the construction of a wildlife fence surrounding the garden, as presented to Council April 15th. There were some council questions and concerns expressed about the following items: Mayor Daly expressed some concerns about the expenditures for the computers and requested that staff bring a more comprehensive plan showing the full implementation plan for the upgrades to the town's intel platform. Mayor Daly made some inquiries about the funding for the Walking Mountains request. Kim Langmaid, Walking Mountains, spoke about the implementation of the Actively Green program noting the breakdown of expenditures to the work plan. There were some questions about the Town Council Meeting Minutes of July 15, 2014 Page 5 8/5/2014 participation level from other groups in the valley, including specifically Beaver Creek and Vail Valley Foundation. Langmaid noted that the focus was 1) to educate and engage the Vail businesses on the program, and 2) implement this program to then serve as a long term legacy attributed to Town of Vail. There were comments that instructed Walking Mountains to only spend this funding on getting Vail business owners aligned with the program. Both Rogers and Chapin noted their support of the Colorado Ski Museum funding request. It was suggested the benefits of the mobile application proposal far outweigh the costs involved in its implementation. There was additional support from other council members in light of the fact there were parties committed to provide funding. It was requested that there be a brief demonstration of this mobile application at the next meeting, August 5`h Moffett moved to approve Ordinance No. 13, Series 2014, noting that the Walking Mountains funding only include supporting Vail businesses. Kurz seconded the motion and it passed unanimously (7 -0). The ninth item on the agenda was second reading of Ordinance No. 12 Series of 2014, An Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). George Ruther presented this topic on behalf of the Town Attorney noting there were no changes made to the ordinance for second reading. It was noted the effective date for the moratorium would expire Tuesday, August 4, 2015. Bugby moved to approve Ordinance No. 12 Series of 2014 on 2nd reading; Kurz seconded the motion and it passed unanimously (7 -0). There were no public comments made on this topic. The tenth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded. The motion passed unanimously, (7 -0) and the meeting adjourned 8:15 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of July 15, 2014 8/5/2014 Page 6 Vail Local Marketing District Meeting Minutes Tuesday, July 15, 2014 1:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Local Marketing District was called to order at approximately 1:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Chairman Ludwig Kurz Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Ordinance No. 2, Series of 2014, approval of additional funds for expenditures. Davy Ratchford, representing the Vail Local Marketing District Advisory Council ( VLMDAC), presented the request for the amendment to the 2014 VLMD budget. It was noted that the Vail Local Marketing District (VLMD) approved the 2014 Operating Plan and Budget on September 17, 2013, and the Vail Town Council approved on October 1, 2013, with a mission 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. The marketing objectives outlined in the 2014 VLMD operating plan were highlighted in the packet materials. He noted that in an effort to capitalize on some new ideas, there have been preliminary efforts evaluating an opportunity from creative agency Goodness MFG to begin development of the 2015 marketing campaign this year. Research indicates destination guests begin planning their summer vacations up to 6 months prior to arrival so in order to have the marketing efforts ready to launch in January 2015, work would need to begin this year. He specified the deliverables as 1) oversight of the photo shoot this summer for the Summer 2015 brand advertising assets; 2) strategic campaign refinement based on the 2014 campaign performance and 3) 2014 research results; 4) creative refinement /development for Summer 2015 print, 5) out of home and digital assets; and 6) travel to November and December 2014 VLMDAC meetings. The estimated expenditure for the 2015 marketing campaign is $30,975. Ratchford then described the second expenditure of $35,000 to be used for the Team Shiffrin sponsorship which included her acting as Grand Marshal for the Vail America Days Parade; one video shoot for the Town of Vail lasting one hour; and other appearances and inclusions based upon Mikaela's desire to participate as well her availability. Town Council Meeting Minutes of July 15, 2014 8/5/2014 Page 1 The total expenditures of $65,975 would come from the fund balance of the Vail Local Marketing District and still leave 40% which is well above the recommended 25% fund balance. Moffet moved to approve Vail Local Marketing District Resolution No. 2, Series 2014, amending a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2014 through December 31, 2014. Kurz seconded the motion and it passed unanimously, (7 -0). Kelli McDonald, Economic Development Director, noted that Mia Vlaar, currently a member of the VLMDAC, recently sold her residence in Vail and is no longer eligible for her seat on the council. After some discussion, there was consensus to wait on appointing another member to the advisory council until December when these vacancies are typically filled. The final item on the agenda was adjournment. There being no further business to come before board, Moffet moved to adjourn the meeting and Kurz seconded. The motion passed unanimously, 7 -0 and the meeting adjourned 1:10 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of July 15, 2014 8/5/2014 Page 2 0 TOWN OF VAIL � Memorandum To: Town Council From: Public Works Date: 07/30/14 Subject: Overhead Variable Message Signs Contract Award I. ITEM /TOPIC Overhead Variable Message Signs Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with TK Construction to complete the Overhead Variable Message Signs Contract Award. III. BACKGROUND As part of the Town's wayfinding master plan, overhead variable message signs at the Main Vail 1 -70 interchange were identified as an integral component to be able to give guests real time parking information as they exit the interstate and enter the local road system. This will help minimize the "U- turn" movement on the frontage road at intersections as one parking structure fills and the other still has parking available. The signs will also be a valuable asset on providing motorists information during Vail Pass closures (parking availability, direction of travel). One overhead sign is proposed at each 1 -70 off -ramp and on the South Frontage Road exiting the Main Vail roundabout. Bids were received on July 24, 2014 from TK Construction ($691,500.00) and Freeman Signs ($1,222,980.00). The proposed project is within budget. The overhead signs are scheduled to be operational by the 2015 World Alpine Championships. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement with TK Construction to complete the Overhead Variable Message Signs Project in the amount not to exceed $691,500.00. 8/5/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Any Action as a Result of Executive Session BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. 8/5/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Town Manager's Report 1) Update on Vail Valley Medical Center's parking related to municipal property and next steps, 8/5/2014 TOWN Of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: The Rocky Mountain Recreation and Wilderness Preservation Act seeks to preserve areas with exceptional scenic and recreation values located in the White River National Forest in Summit and Eagle Counties. The newly revised proposal includes the No Name, Spraddle Creek, and Freeman Creek portions in Eagle County. PRESENTER(S): Courtney Krause, Nissa Erickson, Congressman Jared Polis' Office ACTION REQUESTED OF COUNCIL: Congressman Polis greatly appreciated the resolution of support from Vail Council in 2010, and would appreciate the Vail Council's renewed support for the updated version of the bill. BACKGROUND: Congressman Polis previously introduced the Eagle and Summit County Wilderness Act in 2010 (H.R. 6280) and again in 2011 (H.R. 1701). From 2012 -2014, Congressman Polis conducted an extensive public process and continued to work with local stakeholders. The two -year process led to a recreation- and conservation- oriented bill, which is reflected in the new name for the proposal — the Rocky Mountain Recreation and Wilderness Preservation Act. Please review the documents and maps as there have been significant modifications to this bill from previous 2010 and 2011 versions of the bill. ATTACHMENTS: Background Information about Bill text Rocky Mountain Wilderness and Recreation Preservation Act Legilation Text Eagle County's 2014 Support Letter TOV 2010 Resolution Supporting Congressman Polis' Last Proposal Final Map for RMRWPA Eagle County Map 8/5/2014 Rocky Mountain Recreation and Wilderness Preservation Act Background Information SEC. 1. SHORT TITLE; TABLE OF CONTENTS. Short Title: Rocky Mountain Recreation and Wilderness Preservation Act Table of Contents: • Sec. 1. Short title; table of contents. • Sec. 2. Colorado wilderness additions. • Sec. 3. Tenmile Recreation Management Area, White River National Forest. • Sec. 4. Porcupine Gulch Protection Area, White River National Forest. SEC. 2. COLORADO WILDERNESS ADDITIONS. Background This section amends the 1993 Colorado Wilderness Act to designate additional areas in the White River National Forest in Eagle and Summit Counties. These areas have been proposed for wilderness because they are roadless, scenic, and provide opportunities for solitude. In addition these are the few areas in Eagle and Summit Counties that remain roadless and have experienced minimal human development and disturbances. These proposed wilderness areas also provide important habitat for wildlife such as bighorn sheep, mountain goats, songbirds, mule deer, small mammals, elk, moose, Canada lynx, white - tailed ptarmigan, and black bears. Wilderness will protect these important landscape characteristics and wildlife habitat, while preserving backcountry recreation opportunities like hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting. Management These wilderness areas will be managed in accordance with the 1993 Colorado Wilderness Act. The 1993 Colorado Wilderness Act includes language that provides for: (1) valid existing rights; (2) public filing of maps and descriptions; (3) continuance of activities outside the wilderness; (4) state fish and wildlife responsibilities; and (5) grazing. In addition to the provisions included in the 1993 Colorado Wilderness Act, this section: • Allows the U.S. Forest Service to take any measure necessary to control fire, insects, and diseases subject to appropriate terms and conditions; • Includes enhanced grazing language; and • Does not affect activities occurring outside the proposed wilderness areas. Wilderness Additions This section adds areas that are adjacent to existing wilderness areas in the White River National Forest but are not yet designated as wilderness. Specifically, this section adds: • Ute Pass, Acorn Creek and Ptarmigan A areas to the Ptarmigan Peak Wilderness in Summit County; • No Name area to the Holy Cross Wilderness in Eagle County; and • Freeman Creek and Spraddle Creek areas to the Eagles Nest Wilderness in Eagle County. 8/5/2014 This section also creates new wilderness designations in the White River National Forest. This section would create: • Hoosier Ridge Wilderness in Summit County; • Tenmile Wilderness in Summit County; and • Williams Fork Wilderness in Summit County. Spraddle Creek Potential Wilderness In addition, this section creates a short-term potential wilderness within the Spraddle Creek area in Eagle County. The potential wilderness area allows the U.S. Forest Service or an authorized third party to complete restoration work (including motorized and mechanized transport and equipment) to repair the natural ecosystems, and to protect water quality and watershed values. Once the restoration work is complete or ten years after the date of enactment of this Act, the potential wilderness will become part of the Eagles Nest Wilderness Area. SEC. 3. TENMILE RECREATION MANAGEMENT AREA, WHITE RIVER NATIONAL FOREST, COLORADO. Background This section creates a new recreation management area in the White River National Forest in Summit County. The Tenmile Recreation Management Area was included in this proposal to promote and enhance the thriving recreation economy. The outdoor recreation economy is critical to the economic well -being of many Colorado communities. Each year, outdoor recreation generates $13.2 billion in consumer spending, 125,000 jobs, and $994 million in state and local tax revenue in Colorado. The Tenmile Recreation Management Area was built on the idea that local hotels, restaurants, outfitters, and shops will benefit if recreation opportunities are protected. The Tenmile Recreation Management Area will encourage visitors from around the world to come to the area to enjoy world -class recreation opportunities like mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting. Purposes The purposes of the Tenmile Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the area. Management The Tenmile Recreation Management Area will be managed to enhance the purposes of the Tenmile Recreation Management Area (see above) and the permitted uses (see below), and in accordance with public land laws (including regulations). Permitted Uses • Uses to further the purposes of the Tenmile Recreation Management Area (see above); • Mountain biking and mountain bike trails; • Hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting activities; 8/5/2014 Pre- and post- wildfire, insect, disease, and hazardous fuels management to prevent, control, and mitigate such hazards; Current legal motorized access roads and current legal vehicles uses; and Water infrastructure protection and improvement. Prohibited Uses New roads and new motorized vehicle uses (except to carry out pre- or post -fire watershed protection projects, conduct administrative activities, respond to an emergency, or construct regional transportation projects); Commercial timber sales (except to sell merchantable products to carry out permitted uses); and Mineral extraction (subject to valid existing rights). Other Provisions • Allows for the construction of potential future mass - transportation alternatives to address congestion along the I -70 corridor; • Protects important wildlife habitat; • Protects municipal watersheds; • Allows overflights by the Colorado Army National Guard; • Does not create a protective perimeter or buffer; • Does not alter Colorado Fish and Wildlife activities; and • Does not alter or limit ski area or other permits. SEC. 4. PORCUPINE GULCH PROTECTION AREA, WHITE RIVER NATIONAL FOREST, COLORADO. Background This section creates a new protection area in the White River National Forest in Summit County. The proposed Porcupine Gulch Protection Area must be preserved because it is roadless and provides for activities such as hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting. The Porcupine Gulch Protection Area will protect these important landscape characteristics while providing opportunities for potential watershed management and transportation projects. Purposes The purposes of the Protection Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the scenic, roadless, watershed, and ecological resources of the Protection Area. Management The Porcupine Protection Area will be managed to enhance the purposes of the Porcupine Protection Area (see above) and the permitted uses (see below), and in accordance with public land laws (including regulations). 8/5/2014 Permitted Uses Hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and Pre- and post- wildfire, insect, disease, and hazardous fuels management to prevent, control, and mitigate such hazards. Prohibited Uses Motorized vehicles, mechanized transport, and new or temporary roads (except to carry out pre- or post -fire watershed protection projects, conduct administrative activities, respond to an emergency, or construct regional transportation projects); Commercial timber sales (except to sell merchantable products to carry out permitted uses); and Mineral extraction (subject to valid existing rights). Other Provisions • Allows for construction of potential future mass - transportation alternatives to address congestion along the I -70 corridor; • Protects important wildlife habitat; • Protects municipal watersheds; • Allows overflights by the Colorado Army National Guard; • Does not create a protective perimeter or buffer; and • Does not alter Colorado Fish and Wildlife activities. 8/5/2014 F:\M13\P0L1S\P0LIS_120.XML 113TH CONGRESS 2D SESSION He Re To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, to designate the Tenmile Recreation Management Area and Porcupine Gulch Protection Area, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. PoLIS introduced the following bill; which was referred to the Committee on A SILL To designate certain lands in the State of Colorado as com- ponents of the National Wilderness Preservation System, to designate the Tenmile Recreation Management Area and Porcupine Gulch Protection Area, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States o f America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE. —This Act may be cited as the 5 "Rocky Mountain Recreation and Wilderness Preservation 6 Act ". f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\Ml3\POLlS\P0LlS_l20.XML 2 1 (b) TABLE OF CONTENTS. —The table of contents for 2 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Colorado wilderness additions. Sec. 3, Tenmile Recreation Management Area, White River National Forest, Colorado. Sec. 4. Porcupine Gulch Protection Area, White River National Forest, Colo- rado. 3 SEC. 2. COLORADO WILDERNESS ADDITIONS. 4 (a) DESIGNATION.— Section 2(a) of the Colorado Wil- y derness Act of 1993 (Public Law 103 -77; 107 Stat. 756; 6 16 U.S.C. 1132 note) is amended- 7 (1) in paragraph (18), by striking "1993," and 8 inserting "1993, and certain Federal lands in the 9 White River National Forest which comprise ap- 10 proximately 6,349 acres, as generally depicted as 11 `Proposed Ute Pass Wilderness', `Proposed Acorn 12 Creek Wilderness', and `Proposed Ptarmigan Addi- 13 Lions Wilderness' on a map entitled `Ptarmigan Peak 14 Wilderness Additions Proposal', dated July, 2014," 15 and 16 (2) by adding at the end the following new 17 paragraphs: 18 "(22) HOLY CROSS WILDERNESS ADDITION. - 19 Certain Federal lands in the White River National 20 Forest which comprise approximately 3,942 acres, as 21 generally depicted as `Proposed No Name Wilder - 22 ness' on a map entitled `Holy Cross Wilderness Ad- f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0LIS\P0LIS_120.XML 3 1 dition Proposal', dated July, 2014, and which are in- 2 corporated in and shall be deemed to be a part of 3 the Holy Cross Wilderness designated by section 4 102(a)(5) of Public Law 96 -560 (94 Stat. 3266). 5 "(23) HOOSIER RIDGE WILDERNESS.— Certain 6 Federal lands in the White River National Forest 7 which comprise approximately 5,172 acres, as gen- 8 erally depicted on a map entitled `Hoosier Ridge 9 Wilderness Proposal', dated July, 2014, and which 10 shall be known as the `Hoosier Ridge Wilderness'. 11 "(24) TENMILE WILDERNESS.— Certain Federal 12 lands in the White River National Forest which 13 comprise approximately 7,577 acres, as generally de- 14 picted as `Proposed Tenmile Wilderness' on a map 15 entitled `Tenmile Proposal', dated July, 2014, and 16 which shall be known as the `Tenmile Wilderness'. 17 "(25) WILLIAMS FORK WILDERNESS.— Certain 18 Federal lands in the White River National Forest 19 which comprise approximately 9,338 acres, as gen- 20 erally depicted on a map entitled `Proposed Williams 21 Fork Wilderness', dated July, 2014, and which shall 22 be known as the `Williams Fork Wilderness'. 23 "(26) EAGLES NEST WILDERNESS ADDI- 24 TIONS.— f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0L1S\P0L1S_120.XML 11 1 "(A) DESIGNATION OF WILDERNESS. - 2 Certain Federal lands in the White River Na- 3 tional Forest which comprise approximately 4 7,082 acres, as generally depicted as `Proposed 5 Freeman Creek Wilderness' and `Proposed 6 Spraddle Creek Wilderness' on a map entitled 7 `Eagles Nest Wilderness Additions Proposal', 8 dated July, 2014, and which are incorporated 9 in and shall be deemed to be a part of the Ea- 10 gles Nest Wilderness designated by Public Law 11 94 -352 (90 Stat. 870). 12 "(B) POTENTIAL WILDERNESS. - 13 "(i) DESIGNATION. —In furtherance of 14 the purposes of the Wilderness Act, certain 15 Federal lands in the White River National 16 Forest which comprise approximately 17 2,338 acres, as generally depicted as `Pro - 18 posed Spraddle Creek Potential Wilder - 19 ness' on a map entitled `Eagles Nest Wil- 20 derness Additions Proposal', dated July 21 2014, is designated as a potential wilder - 22 ness area. 23 "(ii) MANAGEMENT.— Except as pro - 24 vided in clause (iii) and subject to valid ex- 25 isting rights, the potential wilderness area f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0LIS\P0LIS_120.XML 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f:W H LC \073114 \073114.097. xm I July 31, 2014 (12:47 p.m.) 5 designated by this subparagraph shall be managed in accordance with the Wilder- ness Act and this Act. "(iii) ECOLOGICAL RESTORATION. - For purposes of ecological restoration (in- cluding any activity necessary to restore the natural ecosystems and water quality and protect watershed values in the poten- tial wilderness area designated by this sub- paragraph), the Secretary or an authorized third party may use motorized and mecha- nized transport and equipment in the po- tential wilderness area until the date on which the potential wilderness area is in- corporated into the Eagles Nest Wilder- ness. "(iv) DESIGNATION AS WILDER - NESS. —The potential wilderness area des- ignated by this subparagraph shall be des- ignated as wilderness and incorporated in and deemed to be a part of the Eagles Nest Wilderness on the earlier of— "(I) the date on which the Sec- retary publishes in the Federal Reg- ister notice that the ecological restora- (58129717) 8/5/2014 R\M13\POLIMPOLIS 120.XML iii 1 tion activities identified in clause (iii) 2 have been completed by the Secretary 3 or an authorized third party; or 4 "(II) the date that is 10 years 5 after the date of enactment of the 6 Rocky Mountain Recreation and Wil- 1 derness Preservation Act. ". 8 (b) EFFECTIVE DATE. Any reference in the Wilder - 9 ness Act (16 U.S.C. 1131 et seq.) to the effective date 10 of that Act shall be considered to be a reference to the 11 date of enactment of this Act for purposes of admin- 12 istering the Federal lands designated as wilderness by 13 paragraphs (18) and (22) through (26)(A) of section 2(a) 14 of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 15 note; Public Law 103 -77), as amended or added by sub - 16 section (a). 17 (c) FIRE, INSECTS, AND DISEASES. As provided in 18 section 4(d)(1) of the Wilderness Act (16 U.S.C. 19 1133(d)(1)), in the case of the Federal lands designated 20 as wilderness by paragraphs (18) and (22) through 21 (26)(A) of section 2(a) of the Colorado Wilderness Act of 22 1993 (16 U.S.C. 1132 note; Public Law 103 -77), as 23 amended or added by subsection (a), the Secretary may 24 take any measure that the Secretary determines to be nec- 25 essary to control fire, insects, and diseases, subject to such f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0L1S\P0L1S_120.XML H 1 terms and conditions as the Secretary determines to be 2 appropriate. 3 (d) INCORPORATION OF ACQUIRED LAND AND IN- 4 TERESTS. Any land or interest in land that is acquired 5 by the United States within the boundaries of the Federal 6 lands designated as wilderness by paragraphs (18) and 7 (22) through (26)(A) of section 2(a) of the Colorado Wil- 8 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 9 103 -77), as amended or added by subsection (a), shall - 10 (1) become part of the wilderness area of which 11 the Federal lands are a part; and 12 (2) be managed in accordance with the applica- 13 ble provisions of this Act and any other applicable 14 laws. 15 (e) GRAZING. —The grazing of livestock on the Fed - 16 eral lands designated as wilderness by paragraphs (18) 17 and (22) through (26)(A) of section 2(a) of the Colorado 18 Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 19 103 -77), as amended or added by subsection (a), if estab- 20 lished before the date of enactment of this Act, shall be 21 permitted to continue subject to such reasonable regula- 22 tions as are considered necessary by the Secretary, in ac- 23 cordance with section 4(d)(4) of the Wilderness Act (16 24 U. S. C.1133(d)(4)). f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0LIS\P0LIS_120.XML 1 (f) NO BUFFER ZONES.— Congress does not intend 2 that the designation by this Act of Federal lands as wilder - 3 ness in the State of Colorado creates or implies the cre- 4 ation of protective perimeters or buffer zones around any 5 wilderness area. The fact that nonwilderness activities or 6 uses can be seen or heard from within a wilderness area 7 shall not, of itself, preclude such activities or uses up to 8 the boundary of the wilderness area. 9 SEC. 3. TENMILE RECREATION MANAGEMENT AREA, WHITE 10 RIVER NATIONAL FOREST, COLORADO. 11 (a) DESIGNATION.— Certain Federal land in the 12 White River National Forest in the State of Colorado 13 which comprise approximately 11,417 acres, as generally 14 depicted as "Proposed Tenmile Recreation Management 15 Area" on a map entitled "Tenmile Proposal ", dated July 16 20147 is designated the "Tenmile Recreation Management 17 Area" (in this section referred to as the "Recreation Man - 18 agement Area ") . 19 (b) PURPOSES. —The purposes of the Recreation 20 Management Area are to conserve, protect, and enhance 21 for the benefit and enjoyment of present and future gen- 22 erations the recreational, scenic, watershed, habitat, and 23 ecological resources of the area. 24 (C) MANAGEMENT. — f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\POL1S\POL1S_120.XML tit 1 (1) IN GENERAL. —The Secretary of Agriculture 2 shall manage the Recreation Management Area - 3 (A) in a manner that conserves, protects, 4 and enhances- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f:W H LC \073114 \073114.097. xm I July 31, 2014 (12:47 p.m.) (i) the purposes of the Recreation Management Area described in subsection (b); (ii) recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and (B) in accordance with - (i) the Forest and Rangeland Renew- able Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (includ- ing regulations); and (iii) this section. (2) USES. — (A) IN GENERAL. —The Secretary shall only allow such uses of the Recreation Manage- ment Area that the Secretary determines would further the purposes described in subsection (b). (B) VEHICLES. (58129717) 8/5/2014 F:\M13\P0L1S\P0L1S_120.XML 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 f:W H LC \073114 \073114.097. xm I July 31, 2014 (12:47 p.m.) [t1] (i) IN GENERAL.- Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to those roads, vehicle classes, and periods of use authorized for such use on the date of enactment of this Act. (ii) NEW OR TEMPORARY ROADS. - Except as provided in clause (iii), no new or temporary roads shall be constructed within the Recreation Management Area. (iii) EXCEPTIONS.— Nothing in clause (i) or (ii) prevents the Secretary from — (I) rerouting or closing an exist- ing road or trail to protect natural re- sources from degradation, as deter- mined to be appropriate by the See- retary; (II) authorizing the use of motor- ized vehicles for administrative pur- poses; (III) constructing temporary roads or permitting the use of motor- ized vehicles to carry out pre- or post - fire watershed protection projects; (58129717) 8/5/2014 F:\M13\P0L1S\P0L1S_120.XML 11 1 (IV) authorizing the use of mo- 2 torized vehicles to carry out activities 3 associated subsection (g), (h), or (i); 4 and 5 (V) responding to an emergency. 6 (C) COMMERCIAL TIMBER. - 7 (i) IN GENERAL. —No projects shall be 8 undertaken for the purpose of harvesting 9 commercial timber within the Recreation 10 Management Area. 11 (ii) LIMITATION.— Nothing in clause 12 (i) prevents the Secretary from harvesting 13 or selling merchantable products that are 14 byproducts of activities authorized by this 15 section. 16 (d) MAPS AND LEGAL DESCRIPTIONS. - 17 (1) FILING. As soon as practicable after the 18 date of enactment of this Act, the Secretary shall 19 prepare a map and legal descriptions for the Recre- 20 ation Management Area. 21 (2) FORCE OF LAW. —The map and legal de- 22 scription prepared under paragraph (1) shall have 23 the same force and effect as if included in this Act, 24 except that the Secretary may correct typographical 25 errors in the maps and legal descriptions. f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0L1S\P0L1S_120.XML 12 1 (3) PUBLIC AVAILABILITY. —The map and legal 2 description prepared under paragraph (1) shall be 3 on file and available for public inspection in the ap- 4 propriate office of the Secretary. 5 (e) WITHDRAWAL.— Subject to valid rights in exist - 6 ence on the date of enactment of this Act, the Federal 7 land within the Recreation Management Area is with - 8 drawn from - 9 (1) all forms of entry, appropriation, and dis- 10 posal under the public land laws; 11 (2) location, entry, and patent under the mining 12 laws; and 13 (3) operation of the mineral leasing, mineral 14 materials, and geothermal leasing laws. 15 (f) INCORPORATION OF ACQUIRED LAND AND INTER - 16 ESTS. Any land or interest in land that is acquired by 17 the United States within the boundaries of the Recreation 18 Management Area shall - 19 (1) become part of the Recreation Management 20 Area; and 21 (2) be managed in accordance with the applica- 22 ble provisions of this Act and any other applicable 23 laws. 24 (g) FIRE, INSECTS, AND DISEASES. —The Secretary 25 may take any measure that the Secretary determines to f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0LIS\P0LIS_120.XML 13 1 be necessary to prevent, control, and mitigate fire, insects, 2 and diseases, and hazardous fuels, subject to such terms 3 and conditions as the Secretary determines to be appro- 4 priate. 5 (h) WATER MANAGEMENT INFRASTRUCTURE. - 6 Nothing in this section affects the construction, repair, re- 7 construction, replacement, operation, maintenance, or ren- 8 ovation of water management infrastructure existing on 9 the date of enactment of this Act or such future infra- 10 structure necessary for the development or exercise of 11 water rights decreed prior to the date of enactment of this 12 Act within the Tenmile Recreation Management Area. 13 (i) REGIONAL TRANSPORTATION PROJECTS, —Noth- 14 ing in this section precludes the Secretary from author - 15 izing, consistent with applicable laws (including regula- 16 tions), the use or lease of Federal land within the Recre- 17 ation Management Area for - 18 (1) regional transportation projects, including 19 highway widening or realignment and construction 20 of multimodal transportation systems; and 21 (2) infrastructure, activities, or safety measures 22 associated with the implementation or utilization of 23 those facilities. 24 (j) APPLICATION OF LAW.— Nothing in this section 25 shall affect the designation of the Federal land within the f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0L1S\P0L1S_120.XML 14 1 Recreation Management Area for purposes of section 303 2 of title 49, United States Code, and section 138 of title 3 23 United States Code. 4 (k) PERMITS.— Nothing in this section alters or lim- 5 its- 6 (1) a permit held by a ski area or other entity; 7 or 8 (2) the acceptance, review, or implementation of 9 associated activities or facilities proposed or author - 10 ized by law or permit outside of the Recreation Man- 11 agement Area. 12 (1) WATER. —The provisions of section 3(e) of the 13 James Peak Wilderness and Protection Area Act (Public 14 Law 107 -216; 116 Stat. 1055) shall apply to the Recre- 15 ation Management Area established by this section. 16 (m) MILITARY ACTIVITIES.— 17 (1) COLORADO NATIONAL GUARD USE. —Noth- 18 ing in this section shall restrict, preclude or other - 19 wise affect the use by the Colorado Army National 20 Guard, a reserve component of the Armed Forces, of 21 the Recreation Management Area for aircraft train - 22 ing, testing, evaluation, emergency response, or 23 other related air operations- f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0LIS\P0LIS_120.XML 15 1 (A) in the manner and degree such uses 2 were authorized to occur on the date of the en- 3 actment of this Act; or 4 (B) as authorized under future agreements 5 between the Secretary and the Secretary of De- 6 fense. 7 (2) MILITARY AIRCRAFT USE.— Nothing in this 8 section restricts or precludes, or should cause any 9 other Federal regulation to restrict or preclude - 10 (A) low -level overflights of military air - 11 craft; or 12 (B) the designation, modification, or cre- 13 ation of new units of special use airspace, or 14 the establishment of military flight training 15 routes. 16 (n) FISH AND WILDLIFE.— Nothing in this section 17 affects the jurisdiction or responsibilities of the State of 18 Colorado with respect to fish and wildlife in the State. 19 (o) NO BUFFER ZONES. —The Recreation Manage - 20 ment Area shall not create a protective perimeter or buffer 21 zone around the Recreation Management Area. 22 SEC.. 4. PORCUPINE GULCH PROTECTION AREA, WHITE 23 RIVER NATIONAL FOREST, COLORADO. 24 (a) DESIGNATION.— Certain Federal land located in 25 the White River National Forest in the State of Colorado f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) FAM13TOLISTOLIS 120.XML 16 1 which comprise approximately 5,204 acres, as generally 2 depicted on a map entitled "Porcupine Gulch Protection 3 Area Proposal ", dated July 2014, is designated the "Por- 4 cupine Gulch Protection Area" (in this section referred to 5 as the "Protection Area ") . 6 (b) PURPOSES. —The purposes of the Protection Area 7 are to conserve, protect, and enhance for the benefit and 8 enjoyment of present and future generations the scenic, 9 roadless, watershed, and ecological resources of the Pro - 10 tection Area. 11 (C) MANAGEMENT. - 12 (1) IN GENERAL. —The Secretary of Agriculture 13 shall manage the Protection Area - 14 (A) in a manner that conserves, protects, 15 and enhances the purposes described in sub - 16 section (b); and 17 (B) in accordance with - 18 (i) the Forest and Rangeland Renew - 19 able Resources Planning Act of 1974 (16 20 U.S.C. 1600 et seq.); 21 (ii) any other applicable laws (includ- 22 ing regulations); and 23 (iii) this section. 24 (2) USES.— f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0L1S\P0L1S_120.XML 17 1 (A) IN GENERAL. —The Secretary shall 2 only allow such uses of the Protection Area that 3 the Secretary determines would further the pur- 4 poses described in subsection (b). 5 (B) MOTORIZED VEHICLES. - 6 (i) IN GENERAL.— Except as provided 7 in clause (iii), the use of motorized vehicles 8 and mechanized transport in the Protec- 9 tion Area shall be prohibited. 10 (ii) NEW OR TEMPORARY ROADS. - 11 Except as provided in clause (iii), no new 12 or temporary roads shall be constructed 13 within the Protection Area. 14 (iii) EXCEPTIONS.— Nothing in clause 15 (i) or (ii) prevents the Secretary from - 16 (I) authorizing the use of motor - 17 ized vehicles for administrative pur- 18 poses; 19 (II) constructing temporary 20 roads or permitting the use of motor - 21 ized vehicles to carry out pre- or post - 22 fire watershed protection projects; 23 (III) authorizing the use of mo- 24 torized vehicles to carry out activities 25 associated subsection (g) or (h); or f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0L1S\P0L1S_120.XML I 1 (IV) responding to an emergency. 2 (C) COMMERCIAL, TIMBER. - 3 (i) IN GENERAL. —No projects shall be 4 undertaken for the purpose of harvesting 5 commercial timber within the Protection 6 Area. 7 (ii) LIMITATION.— Nothing in clause 8 (i) prevents the Secretary from harvesting 9 or selling merchantable products that are 10 byproducts of activities authorized by this 11 section. 12 (d) MAP AND LEGAL DESCRIPTION. - 13 (1) FILING. As soon as practicable after the 14 date of enactment of this Act, the Secretary shall 15 prepare a map and legal description for the Protec- 16 tion Area. 17 (2) FORCE OF LAw. —The map and legal de- 18 scription prepared under paragraph (1) shall have 19 the same force and effect as if included in this Act, 20 except that the Secretary may correct typographical 21 errors in the map and legal description. 22 (3) PUBLIC AVAILABILITY. —The map and legal 23 description prepared under paragraph (1) shall be 24 on file and available for public inspection in the ap- 25 propriate office of the Secretary. f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0LIS\P0LIS_120.XML 19 1 (e) WITHDRAWAL.— Subject to valid rights in exist- 2 ence on the date of enactment of this Act, the Federal 3 land within the Protection Area is withdrawn from - 4 (1) all forms of entry, appropriation, and dis- 5 posal under the public land laws; 6 (2) location, entry, and patent under the mining 7 laws; and 8 (3) operation of the mineral leasing, mineral 9 materials, and geothermal leasing laws. 10 (f) INCORPORATION OF ACQUIRED LAND AND INTER - 11 ESTS. Any land or interest in land that is acquired by 12 the United States within the boundaries of the Protection 13 Area shall - 14 (1) become part of the Protection Area; and 15 (2) be managed in accordance with the applica- 16 ble provisions of this Act and any other applicable 17 laws. 18 (g) FIRE, INSECTS, AND DISEASES. —The Secretary 19 may take any measure that the Secretary determines to 20 be necessary to prevent, control, and mitigate fire, insects, 21 and diseases and hazardous fuels, subject to such terms 22 and conditions as the Secretary determines to be appro- 23 priate. 24 (h) REGIONAL TRANSPORTATION PROJECTS. —Noth- 25 ing in this section precludes the Secretary from author- f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) F:\M13\P0L1S\P0L1S_120.XML 20 1 izing, consistent with applicable laws (including regula- 2 tions), the use or lease of Federal land within the Protec- 3 Lion Area for- 4 (1) regional transportation projects, including 5 highway widening or realignment and construction 6 of multimodal transportation systems; and 7 (2) infrastructure, activities, or safety measures 8 associated with the implementation or utilization of 9 those facilities. 10 (i) APPLICATION OF LAw.— Nothing in this section 11 shall affect the designation of the Federal land within the 12 Protection Area for purposes of section 303 of title 49, 13 United States Code, and section 138 of title 23 United 14 States Code. 15 (j) WATER. —The provisions of section 3 (e) of the 16 James Peak Wilderness and Protection Area Act (Public 17 Law 107 -216; 116 Stat. 1055) shall apply to the Protec- 18 tion Area. 19 (k) MILITARY ACTIVITIES.- 20 (1) COLORADO ARMY NATIONAL GUARD USE. - 21 Nothing in this section shall restrict, preclude or 22 otherwise affect the use by the Colorado Army Na- 23 tional Guard, a reserve component of the Armed 24 Forces, of the Protection Area for aircraft training, f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) R\M13\POLIMPOLIS 120.XML 21 1 testing, evaluation, emergency response, or other re- 2 lated air operations - 3 (A) in the manner and degree such uses 4 were authorized to occur on the date of the en- 5 actment of this Act; or 6 (B) as authorized under future agreements 7 between the Secretary and the Secretary of De- b fense. 9 (2) MILITARY AIRCRAFT USE.— Nothing in this 10 section restricts or precludes, or should cause any 11 other Federal regulation to restrict or preclude - 12 (A) low -level overflights of military air - 13 craft; or 14 (B) the designation, modification, or cre- 15 ation of new units of special use airspace, or 16 the establishment of military flight training 17 routes. 18 (1) FISH AND WILDLIFE.— Nothing in this section af- 19 fects the jurisdiction or responsibilities of the State of Col - 20 orado with respect to fish and wildlife in the State. 21 (m) No BUFFER ZoNEs. —The Protection Area shall 22 not create a protective perimeter or buffer zone around 23 the Protection Area. f:WHLC \073114 \073114.097.xml (58129717) 8/5/2014 July 31, 2014 (12:47 p.m.) Rocky Mountain Recreation and Wilderness Preservation Act Significant Legislation and Map Changes — Eagle County SPRADDLE CREEK WILDERNESS Created 2,338 acre potential wilderness area: • To provide for the potential need for ecological restoration, this section authorizes U.S. Forest Service or an authorized third party to complete possible restoration work that may require motorized and mechanized transport and equipment to repair the natural ecosystems, water quality, and to protect watershed values to curb the possible contribution of nutrients to the Gore Creek. • Once the restoration work is complete or ten years after the date of enactment of this Act, the potential wilderness will become part of the Eagles Nest Wilderness Area. • Removed approximately 300 acres that overlapped with an area that was open to over - snow vehicles in the recent winter travel management plan • Continues to allow full access to the Eiseman Hut Removed 845 acres on southern boundary in order to: • Create additional wildland -urban interface buffer between Town of Vail and proposed wilderness area • Remove the entire Vail Stables permit area from the wilderness FREEMAN CREEK WILDERNESS • Removed eastern polygon that could have impacted a U.S. Forest Service land exchange NO NAME WILDERNESS Created 300 foot buffer from the Wurtz Ditch (owned by Pueblo Water) REMOVAL OF OTHER AREAS After the 2012 congressional district redistricting process, the Adam Mountain, Red Table, Woods Lake, West Lake Creek, Bull Gulch, Castle Peak, and Pisgah Mountain areas are no longer in Congressman Polis' district (CO -02). As a result they have been removed from this proposal. Congressman Polis is working with Congressman Tipton on a proposal that would include these areas. 8/5/2014 OFFICE OF THE BOARD OF COMMISSIONERS 970 - 328 -8605 FAX- 970- 328 -8629 email:eagleadmin @eaglecounty.us www.eaglecounty.us July 14, 2014 The Honorable Jared Polis 501 Cannon House Office Building Washington, DC 20515 Dear Congressman Polis: EAGLE COUNTY ]ILL H. RYAN SARA J. FISHER KATHY CHANDLER -HENRY We are writing to express our support for the Rocky Mountain Recreation and Wilderness Preservation Act recently proposed by your office. As you are aware, Eagle County played an active role in analyzing and vetting the original wilderness expansion effort, then known as the Hidden Gems Wilderness Project, which included the Freeman Creek, 5praddle Creek and No Name wilderness additions. We believe these areas continue to qualify for wilderness protection status, and we are pleased to see that they have been included in your proposed legislation. Wilderness lands reflect the history and heritage of Colorado's scenic high country. In Eagle County, their presence and availability is essential to local lifestyles, the quality of our environment and the strength of our tourism economy. While a balanced approach to land management that considers the needs of all user groups is necessary, we believe that expending wilderness to carefully selected land areas will provide long lasting benefits. We would note certain lower elevation lands that were included in the original Hidden Gems proposal are not currently being considered, and would offer our support in efforts to get these valuable ecosystem linkage areas designated for protection in the near future. Many thanks to you and your staff for your continued efforts to preserve beautiful places in Colorado. co Sincerely, Eagle County Board of Commissioners Jill H. Ryan Sara J. Fisher Chairman Commissioner Cc.: Senator Mark Udal l Congressman Scott Tipton jKathytandler-Henry Commissioner Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 89631 -0850 RESOLUTION NO. 21 SERIES OF 2010 A RESOLUTION EXPRESSING SUPPORT FOR CONGRESSIONAL WILDERNESS DESIGNATION OF SIX SEPARATE AREAS ON PUBLIC LANDS SURROUNDING OR NEARBY THE TOWN OF VAIL. WHEREAS the Town of Vail is located in the heart of Colorado's mountains and is surrounded by vast and untrammeled natural beauty, and; WHEREAS Vail's world class resort status and economic viability depend on maintaining unsurpassed landscapes, impeccable water and air quality, places of solace and quietude, as well as places to recreate in every manner including skiing and snowboarding, hunting and fishing, hiking and camping, and; WHEREAS the public and private lands around Vail that support such values are under increasing pressure due to population growth and growing recreational interest, and; WHEREAS Congressional designation of public lands as wilderness protects vital habitat and helps ensure that land and water resources not be degraded by human activity but instead be conserved for present and future generations and; WHEREAS no public lands in Eagle County have been designated as wilderness since 1980, and; WHEREAS there is currently a proposal before Congress to designate as wilderness portions of the White River National Forest and surrounding Bureau of Land Management areas in Eagle County, including several in the vicinity of Vail. NOW, THEREFORE, BE IT RESOLVED that in order to leave a balanced public lands legacy to future generations and as a showcase of our stewardship today, the Town Council of the Town of Vail, Colorado: 1. Hereby states its support for nearby proposed wilderness areas, which are expansions to the existing Eagle's Nest and Holy Cross Wilderness Areas in the vicinity of the Town, specifically Spraddle Creek, Freeman Creek, Corral Creek, those portions of Elliot Ridge located in Eagle County, Homestake and No Name; 2. Urges Colorado's congressional delegation to enact laws so as to grant wilderness designation for the above named areas in as timely a fashion as possible. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 215` day of September, 2010. J, 6SL;el Dick Clevelan , >f Vail, Colorado Resoh 8/5/2014 Proposed Spraddle Creek, Freeman Creek, No Name, Acorn Creek, Hoosier Ridge, Vicinity Map References Draft map prepared by the U.S. Forest Service, Region 2, White River National Forest m at the request of Congressman Polis, Colorado. Proposed wilderness and special management area boundaries ® are general representations and do not represent legal boundary descriptions. N Boundary Source: Congressman Polis' staff, USFS staff. Additional data sources: Forest roads and trails, Land ownership - USFS, Map scale is 1:200,000 (when printed at 34 "x22 "). Map Coordinates in NAD83, UTM Zone 13N. Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. 0 5 10 20 Miles 8/5/2014 MMM®R nnmmii Legend Proposed Potential Wilderness Proposed Special Management Area Proposed Wilderness Open Winter Motorized Area FS Suggested Boundaries 2013 National Forest Wilderness - Motorized vehicles and mechanical equipment prohibited Ski Area on National Forest Land Private or Other Land National Forest Boundary Ranger District Boundary Wilderness Boundary I� State Park, State Wildlife Area Multi -Lane Divided Highway Highway Other Paved Road Gravel Road, Suitable for Passenger Cars Dirt Road, Suitable for Passenger Cars — — — — Road Not Maintained for Passenger Cars •.•••••.•.•••••• Motorized UseTrail - -_ Non - Motorized UseTrail - Bike, Foot or Pack Animal Non - Motorized UseTrail - Foot or Pack Animal Only Non- Motorized UseTrail - Foot Only - National Scenic, Recreation or HistoricTrail Sheet 1 of 1 Map Creation Date - July 31, 2014 Jitions, Tenmile, Ute Pass Fork Wilderness areas: gulch, Tenmile North and vile South SMAs. July, 2014 Rocky Mountain Recreation and Wilderness Preservation Act DRAFT Legislative Map 11 Approximately 58,400 Proposed Acres. Spraddle Creek, Freeman Creek, No Name, Acorn Creek, Hoosier Ridge, Ptarmigan Additions, Tenmile, Ute Pass and Williams Fork Wilderness areas; Porcupine Gulch, Tenmile North and Tenmile South SMAs. Eagle and Summit Counties, Colorado U.S. Forest Service - Rocky Mountain Region White River National Forest Dillon Ranger Districts U.S. Congressional District 2, Colorado This map generally depicts the boundaries of the proposed Spraddle Creek, Freeman Creek, No Name, Acorn Creek, Hoosier Ridge, Ptarmigan Additions, Tenmile, Ute Pass and Williams Fork Wilderness areas; Porcupine Gulch, Tenmile North and Tenmile South SMAs. Copies of this map are available for public inspection in the Office of the Regional Forester, Rocky Mountain Region, Golden, Colorado. Path: T: \FS \NFS \White Rive r\ Program\ 2320Wilderness\ SO\ PolisWildernessProposal\ PolisProposal_LegislativeMap_LS ( 34x22 )_cent_mtns_update_COCOv7.mxd Date: 7/31/2014 Vicinity Map Wyoming ` I Nebraska Wwf I Utah Colorado Kansa a New Mexico I Oklahoma 8/5/2014 References Draft map prepared by the U.S. Forest Service, Region 2, White River National Forest at the request of Congressman Polis, Colorado. Proposed wilderness and special management area boundaries are general representations and do not represent legal boundary descriptions. Boundary Source: Congressman Polis' staff, USFS staff. Additional data sources: Forest roads and trails, Land ownership - USFS, Map scale is 1:160,000 (when printed at 34 "x22 "). Map Coordinates in NAD83, UTM Zone 13N. Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. 0 2.5 5 10 Miles Proposed Freeman Creek, No Name and Spraddle Creek Wilderness Areas, July, 2014 Eagle County, Colorado. cent _mtns_PolisCD2_C0C0v7 Legend Proposal for the Eagle County portion of the Potential Wilderness Multi -Lane Divided Highway Rock Mountain Recreation and Wilderness Preservation Act CSpecial Management Area - Highway DRAFT Legislative Map - Wilderness Other Paved Road ® Open Winter Motorized Area Gravel Road, Suitable for Passenger Cars Approximately 13,360 Proposed Acres on USFS lands ® FS Suggested Boundaries 2013 Freeman Creek No Name Spraddle Creek Dirt Road, Suitable for Passenger Cars p 0 National Forest Eagle County, Colorado — — — — Road Not Maintained for Passenger Cars E Wilderness - Motorized vehicles and mechanical equipment prohibited •.•••••.•.•••••• Motorized UseTrail ,. U.S. Forest Service - Rocky Mountain Region Ski Area on National Forest Land - -_ Non- Motorized UseTrail - Bike, Foot or Pack White River National Forest Animal - Eagle, Holy Cross and Sopris Ranger DistrictsL'Y 0 Private or Other Land Non - Motorized UseTrail -Foot or Pack U.S. Congressional District 2, Colorado National Forest Boundary Animal Only Non - Motorized UseTrail - Foot Only This map generally depicts the boundaries of the proposed Ranger District Boundary Freeman Creek, No Name, and Spraddle Creek Wilderness Areas. _ -- National Scenic, Recreation or HistoricTrail Copies of this map are available for public inspection in the Wilderness Boundary Office of the Regional Forester, Rocky Mountain Region, State Park, State Wildlife Area Sheet 1 of 1 Map Creation Date - July 31, 2014 Golden, Colorado. Path: T: \FS \NFS \WhiteRive r\ Program \2320Wilderness \SO \PolisWilde rnessProposal\ EagleCountyPolisProposal _LegislativeMap_LS ( 34x22 )_cent_mtns_update_COCOv7.mxd Date: 7/31/2014 Tammy Nagel From:tmullen@westvail.com Sent:Monday, August 04, 2014 9:09 PM To:Council Dist List Subject:Wilderness Bill/additional lands Dear Vail Town Council, As a business owner in Vail, I’m in favor of more protected wilderness lands and happy to see Congressman Polis introduce legislation. People come to Vail for the opportunity to hike and be in beautiful, quiet areas, and that’s one reason my business thrives in this mountain resort. Recently, I had a niece and nephew visit the area for a week. During that week, we all enjoyed hiking, rafting, shopping in Vail, and a trip to Glenwood Springs. At the end of the week both my niece and nephew said that the highlight of their trip was a hike to Pitkin Lake in the Eagles Nest Wilderness area. Protecting additional lands as wilderness areas is critical to future generations. As the population of Colorado continues to grow the ability for people to enjoy wilderness areas has become more difficult. "In order to assure that an increasing population, The Wilderness Act of 1964 states: accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness." Thank you, Tom Mullen West Vail Liquor Mart 970-476-2420 westvail.com 1 Tammy Nagel From:Donny Shefchik <donny@paragonguides.com> Sent:Tuesday, August 05, 2014 2:43 PM To:Council Dist List Subject:Support for Rep. Polis' wilderness bill Attachments:pastedGraphic.pdf; ATT00001.htm Unfortunately I am not able to be at tonights Council meeting to voice my support for the wilderness proposal that is before the council. Please include my email with those supporting tyne proposal. Thank you, Donny Shefchik In the spirit of adventure, Donny Shefchik 1 Tammy Nagel From:Susie Kincade <susiek@whiteriverwild.org> Sent:Tuesday, August 05, 2014 2:59 PM To:Council Dist List Subject:Wilderness support and clarification Dear Vail Town Council Members, It came to my attention late last week when I was out of town that you would be talking about Wilderness and Rep. Polis’s proposal tonight at your meeting. I’d like to clarify a couple of things for you as you go into this meeting and of course I’ll be on hand tonight. BACKGROUND: This is an introduction of a revised bill from Rep. Polis. The Vail Town Council voted to support his previous bill in 2010/2011 which was much broader in scope. Since his district boundaries changed, Polis removed proposed wilderness areas in western Eagle County that are no longer in his district. That leaves the areas closer to Vail: Spraddle Creek, No Name and Freeman Creek in his bill. A total of just 13,000 acres that will be discussed tonight. These are additions to the Holy Cross (No Name) and the Eagle’s Nest Wilderness areas (Spraddle and Freeman Creeks). CONTINUED OUTREACH: Since 2010, Polis’s staff and wilderness advocates have continued to do outreach to all stakeholders and have made significant progress in assuaging any remaining concerns. As you are probably aware, Wilderness is open to everyone, just not to mechanized or motorized travel. Horses, fishing, human powered boats, hiking, backpacking, cross country skiing, are just a few of the uses allowed in wilderness. Wilderness protects lands, habitats and watersheds from logging, mineral extraction, road building, drilling, and other activities that interfere with the natural processes of nature. Fire suppression is absolutely allowed in Wilderness. Vail’s fire chief has reviewed the Spraddle Creek area and helped set boundaries to ensure access, mitigation, and a substantial suppression buffer, which, incidentally has been enlarged. The three areas under review tonight have been fully vetted and Polis’s proposal has been endorsed by the Eagle County Outdoor recreation is Board of Commissioners and by Vail Resorts. The economic value of our wild lands is clear. critical to Colorado’s economy, and of course to Vail’s. It generates $13.2 billion in consumer spending and is responsible for 125,000 jobs that pay $4.2 billion in salaries and wages. The ecosystem services provided by wilderness quality lands, that is the value of watershed protection, carbon storage, climate regulation, and waste treatment $174 per acre per year, according to one estimate. And in the case of individual businesses, the one that was most affected by the Spraddle Creek addition to the Eagle’s Nest Wilderness, the Spraddle Creek Stables, has been heard and accommodated by the removal of nearly 1000 acres from the proposal. Likewise, mountain bikers were accommodated with another removal of some 300 acres for a future extension of the North trail. I hope this gives you some background to the Congressman’s latest proposal which you’ll be hearing more about from his staff tonight. I’m happy to connect with you at any time to discuss wilderness and the efforts of Eagle County citizens to protect the last remaining wilderness quality lands in our area. Thanks for all you do in service to our community! All the best, 1 Susie Kincade Eagle County Wilderness Advocate 970-328-5472 This email is free from viruses and malware because avast! Antivirus protection is active. Righ t- click here to dow nlo 2 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Booth Creek Park Update: The purpose of this discussion is to present the recommended list of park amenities to be included in the design of Booth Creek Park for the Town Council to review and accept or modify and approve. 2. PRESENTER(S): Todd Oppenheimer, Public Works ACTION REQUESTED OF COUNCIL: Staff requests the Council to review the suggested Design Program and approve and as written or as modified, and direct staff to prepare a Preliminary Design Concept for review by the community and Council. BACKGROUND: Please see the attached memorandum. STAFF RECOMMENDATION: Staff recommends the Council approve the suggested Design Program, as written or as modified, and direct staff to prepare a Preliminary Design Concept for review by the community and Council. ATTACHMENTS: Memorandurn 8/5/2014 TOWN OF 0 VAIL ` Memorandum To: Vail Town Council From: Department of Public Works Date: August 5, 2014 Subject: Booth Creek Park — selection of park amenities. Introduction: The purpose of this discussion is to present the recommended list of park amenities to be included in the design of Booth Creek Park for the Town Council to review and accept or modify and approve. Background: The first community planning meeting for Booth Creek Park was held on April 24, 2014, at the Vail Mountain School. Approximately 35 people from the community were in attendance. Staff presented the 5 Park Options which had been previously reviewed by the Council on April 1, 2014. Information from the April 24 community meeting was presented to the Town Council on May 20, 2104. The issue of pickleball courts and associated noise problems dominated the discussion. The Town Council requested the Town of Vail -Vail Recreation District Subcommittee convene to discuss pickleball and the design of Booth Creek Park. The Recreation Subcommittee convened on June 18, 2014, to discuss pickleball and the possible features to be included in the design of Booth Creek Park. Several community members were present and were allowed to address the Subcommittee in regard to their opinions concerning the design of the park. During the discussion, members of the Vail Recreation District (VRD) reiterated the District's statements concerning pickleball facilities within Vail made at the June 17, 2014, Town Council session. The VRD intends to convert one of the tennis courts at Golden Peak into 4 pickleball courts leaving one hard - surface tennis court in place. Long term, the VRD will consider converting all Golden Peak courts to pickleball and would utilize additional hard - surface tennis courts at Booth Creek Park. At this time, the 4 pickleball courts have been created at Golden Peak and are being heavily utilized. TOV/VRD Subcommittee and Public Discussion: The Subcommittee accepted the VRD recommendation to further develop pickleball courts at Golden Peak and to exclude them from the Booth Creek Park design. Discussion regarding the features to include on the park design included the following items: • A natural playground • Loop path with an investigation of the feasibility of a second bridge over Booth Creek • A double tennis court • Open turf grass • Picnic facilities • Restrooms While the Recreation subcommittee did not prepare a specific recommendation for the Town Council regarding the design of Booth Creek Park, the following statements summarize the 8/5/2014 input received and the discussion that has occurred to date through community meeting, emails and public comment. • There is a desire to retain much of the natural character of the site, especially the mature trees. The existing vegetation creates a visual screen to 1 -70 traffic although it does not provide a significant noise barrier. The town should avoid over - developing the site with too many amenities. • Parking for this community park facility is required. The recommended number of spaces to be provided will be based on a formula derived from the National Recreation and Parks Association Standards. Parking would be allowed on- street, in parallel spaces, as there is no Town Development Standard prohibiting it. Accommodations for accessible parking spaces and routes must be included. • Pedestrian walkways and paths should be a mixture of hard and soft surfaces. There is some interest in interpretive natural trails within Tract B. The feasibility of a second pedestrian bridge across Booth Creek has been evaluated, although support for this amenity is limited. A second pedestrian bridge, approximately 190 feet upstream from the existing culvert crossing, is feasible. The bridge will be required to be a minimum 65 feet in length to clear the 100 year floodplain. Construction of the bridge footings will disturb a high quality riparian area and require the removal of approximately 8 mature trees. A looped, paved pathway (utilizing the existing bike path) for kids on bikes, scooters and rollerblades is desired. • An area of open turf grass for a variety of park activities is desired. This traditional park amenity can be a key element in the design that will be heavily used. • The majority of comments favor bringing tennis back to the park. This is further supported by the long -term goals of the VRD to provide hard - surface tennis facilities for the community. • The inclusion of a playground in the park seems to be a given. The existing structures are noncompliant with current safety standards and have experienced some deterioration due to insect damage. The majority of the discussion focused on the use of natural materials and artist involvement. Additional comments received were in reference to a need for park elements for youth who may not be interested in traditional playground equipment. There was some interest in fitness /exercise equipment in addition to playground equipment. These types of park amenities are becoming increasing popular and are not currently represented in the town's park system. • The majority of comments favor including a restroom in the park design. The community -wide use of all the town's parks and the inclusion of a children's playground make an accessible restroom a requirement. The design of the building should be sensitive to the natural surroundings. • Most comments favored the inclusion of a picnic facility in addition to a restroom. Picnic tables can be located throughout the park area. A small picnic shelter would be heavily used and an appreciated amenity. • Other comments have included park amenities such as a sledding hill, half court basketball, horseshoes, tetherball and a small lecture /amphitheater area that could be used as an outdoor class room or small performance space. Keeping in mind the desire to not over develop the site, some of these suggestions are probably not appropriate for this park while others may be desired. Suggested Design Program: The list of desired amenities and other features of the park are referred to as the Design Program. This is a suggested list based on the collective discussion and public comment that has occurred as well as the design experience and knowledge of the staff assigned to the project. The list is preliminary in that spatial requirements have not yet been assigned to the different items on the list. The suggested Design Program for Booth Creek Park is as follows: 1. Natural areas 2. Parallel parking on Manns Ranch Road Town of Vail 8/5/2014 Page 2 3. Looped paved path using the existing bike path. This will also be the accessible route through the park 4. Soft surface pathways within the natural areas. Consider interpretive signage as appropriate. Revisit a second pedestrian bridge based on outcome of feasibility study 5. Open turf grass area as a significant design element of the park 6. Double, hard - surface, post tensioned concrete tennis court 7. Playground with natural elements and artistic components 8. A limited number of fitness /exercise equipment sensitively placed throughout the park 9. Public restroom, 2- stall, 3 season, accessible and sensitive to the natural setting 10. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks throughout the park 11. Other small park amenities, such as horseshoes or tetherball, as may be accommodated without over developing the site Next Steps: The Design Program as amended and approved by the Town Council will be used by staff to develop a Preliminary Design Concept to be presented to the Council and community at a later Council session. The Preliminary Design Concept will be posted to the town's website for community review and consideration. A preliminary cost estimate will accompany the design concept. Once the Preliminary Design Concept is approved by the Town Council, staff will begin the process of applying for and obtaining approval by the Planning and Environmental Commission and Design Review Board, as well as receiving a recommendation for a playground artist from the Art in Public Places Board. Budget: Currently funds for the redevelopment of Booth Creek Park are included in the RETT Capital Budget in 2014 and 2017 for a total amount of $2.45M. This amount represents sufficient funding to design and construct any of the park amenities currently under consideration. The majority of the park development funds are included in the 2017 budget. Timing of the funding will be reviewed in the context of the 2015 budget and 5 year capital plan deliberation. Recommendation: Staff recommends the Council approve the suggested Design Program, as written or as modified, and direct staff to prepare a Preliminary Design Concept for review by the community and Council. Staff also requests direction from the Council in regard to what year to initiate the redevelopment of Booth Creek Park. Town of Vail 8/5/2014 Page 3 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: A request to extend the termination date of the Timber Ridge Pre - Development Agreement. PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to extend the termination date of the Timber Ridge Pre - Development Agreement. The request is to extend the termination date of the Agreement from August 15, 2014 to September 16, 2014. All other terms of the Pre - Development Agreement will remain unchanged. Is the Vail Town Manager authorized to sign a letter agreement extending the termination date of the Timber Ridge Pre - Development Agreement to September 16, 2014? BACKGROUND: The Pre - Development Agreement established terms for the redevelopment of the Timber Ridge site. Among, other standard provisions, the Agreement established a "Term and Termination" provision. According to Section 6, of the Agreement, "This Agreement shall commence on the Effective Date and terminate on August 15, 2014 (unless such date is extended by mutual agreement of the Parties); provided that the Developer may terminate this Agreement earlier than such date upon thirty (30) days written notice to the Town." Based upon the Term and Termination provision, it was contemplated and understood by the Parties that an extension to the Agreement may be mutually beneficial. STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council authorizes the Town Manager to sign a letter agreement that extends the termination of the Pre - Development Agreement from August 15, 2014 to September 16, 2014. Said letter agreement must be approved as to form by the Town Attorney. ATTACHMENTS: Town Council Memorandum 8/5/2014 TOWN O'F Memorandum TO: Vail Town Council FROM: George Ruther, Director of Community Development DATE: August 5, 2014 SUBJECT: A request to extend the termination date of the Timber Ridge Pre - Development Agreement. I. DESCRIPTION OF REQUEST The Developer, Gary Gorman of Gorman and Company, and the Town staff wish to extend the termination date of the Timber Ridge Pre - Development Agreement, dated November 4, 2013. The purpose of the extension request is to afford the developer and the Town 30 additional days to finalize the steps in securing financing for the redevelopment project. II. BACKGROUND A Pre - Development Agreement was executed by and between the Developer and the Town. The Agreement establishes terms for the future redevelopment of the Timber Ridge site. Since the execution of the Agreement, the Developer and the Town have diligently pursued the steps needed to redevelopment Timber Ridge. For example, a development plan has been approved, a building permit application has been submitted, approved and is ready for issuance, the terms of the final Development Agreement, Ground Lease and Deed Restriction have all been agreed to, the east side units have been vacated, all necessary rockfall mitigation work is complete, and asbestos abatement is underway along with the installation of the site construction fence. The finalization of the financing is all the remains. The Pre - Development Agreement established terms for the redevelopment of the Timber Ridge site. Among, other standard provisions, the Agreement established a "Term and Termination" provision. According to Section 6, of the Agreement, "This Agreement shall commence on the Effective Date and terminate on August 15, 2014 (unless such date is extended by mutual agreement of the Parties); provided that the Developer may terminate this Agreement earlier than such date upon thirty (30) days written notice to the Town." 8/5/2014 Based upon the Term and Termination provision, it was contemplated and understood by the Parties that an extension to the Agreement may be mutually beneficial. III. ACTION REQUESTED The Vail Town Council is being asked to extend the termination date of the Timber Ridge Pre - Development Agreement. The request is to extend the termination date from August 15, 2014 to September 16, 2014. All other terms of the Pre - Development Agreement will remain unchanged. Is the Vail Town manager authorized to sign a letter agreement extending the termination date to September 16, 2014? IV. RECOMMENDATION The Town staff recommends the Vail Town Council authorizes the Town Manager to sign a letter agreement that extends the termination of the Pre - Development Agreement from August 15, 2014 to September 16, 2014. Said letter agreement must first be approved as to form by the Town Attorney. Town of Vail 8/5/2014 Page 2 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Resolution No. 18, Series of 2014, A Resolution Approving a Development Agreement for the Timber Ridge Property. PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with modification, or deny Resolution No. 18, Series of 2014. BACKGROUND: The Town of Vail ( "Town ") and Gorman & Company, Inc. ( "Developer ") are in the final stages of implementing a redevelopment plan for the easternmost 5.24 acres of property at the Timber Ridge Village Apartments. To date, the Town and Developer have agreed upon both a Ground Lease and Deed Restriction intended to facilitate the redevelopment project. The approval of the Timber Ridge Development Agreement is one of only a few remaining issues to address by the Town and Developer. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves the Development Agreement as presented. Staff finds the proposed Agreement addresses all of the necessary issues required to facilitate the redevelopment project as approved and agreed upon by the two parties. ATTACHMENTS: Resolution No. 18, Series of 2014 8/5/2014 RESOLUTION NO. 18 SERIES OF 2014 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR THE TIMBER RIDGE PROPERTY WHEREAS, the Town of Vail is planning a redevelopment project for the Timber Ridge property; WHEREAS, the purpose of the redevelopment project is to provide employee housing; WHEREAS, the Town wishes to facilitate the redevelopment of the Property consistent with the Housing zone district and those plans approved by the Town of Vail PEC and DRB; and WHEREAS, to accomplish the redevelopment of the Property the Town desires to enter into a Development Agreement with the developer of the property, Lion's Ridge Apartment Homes, LLC; WHEREAS, on April 1, 2014, the Town Council approved a prior versions of the Development Agreement, but that version was never executed, and since that time, certain provisions of the Development Agreement have changed; and WHEREAS, the Town Council wishes to approve the Development Agreement in substantially the form attached hereto, and to authorize the Town Manager to execute the Development Agreement at closing. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to enter into the Agreement on behalf of the Town in substantially the same form as attached hereto, subject to final approval by the Town Attorney. Section 2. The Town Council hereby authorizes the Town Manager to execute the Development Agreement at closing in the final form approved by the Town Attorney. INTRODUCED, PASSED AND ADOPTED this 5t" day of August, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenney, Town Clerk Resolution No. 18, Series 2014 8/5/2014 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement ") is made this day of , 2014 (the "Effective Date "), by and between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town "), and Lion's Ridge Apartment Homes, LLC, a Wisconsin limited liability company ( "Developer ") (individually a "Party" and collectively the "Parties "). WHEREAS, the Town is the owner of certain real property, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "); WHEREAS, the Town has agreed to lease the Property to Developer for development of the Property for employee housing ( "Development ") pursuant to the Ground Lease dated , 2014 and between the Town and Developer (the "Ground Lease "); WHEREAS the Development is subject to a Deed Restriction in the form attached to the Ground Lease as Exhibit B; WHEREAS, the Town and Developer entered into a Pre - Development Agreement dated November 4, 2013 regarding the Property, which pre - Development Agreement shall be deemed superseded by this Agreement; and WHEREAS, the Parties wish to elaborate on the terms of the Development process and parameters of the Development. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Obligations of the Town. The Town covenants and agrees as follows: systems, at the Town's sole eest. The feekfall mitigation systems shall be designed and eonstfueted in aeear-danee with Chaptef 12 21 of the Vail Town Code. The feekfall ni�tigatioii sh be eemplete on of befef e August 15, 2014 unless a later- date is nTdtually agf eed upon byboth • b. The Town and Developer shall grant to each other, for the benefit of the Property and the Adjacent Property, such temporary construction easements across the Property and the Adjacent Property that are mutually determined to be necessary for the Development. Upon completion ofthe Development, appropriate permanent easements, including without limitation utility, drainage, and access easements, will be granted by the Parties for the benefit of the Property and the Adjacent Property. C. The Town shall refund 100% of all amounts paid by the Developer for the Town's construction and building materials use tax applicable to the Property, which refund shall be paid by the Town to Developer within 5 business days after Developer's payment to the Town. 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEWIAGRIDA -6- REDLINE -2.DOC 2. Obligations of Developer. Developer covenants and agrees as follows: a. The Development shall at all times be subject to the Vail Town Code, and Developer shall be responsible for payment of the Town's typical and customary plan review fees for review of all plans for the Property. b. Developer shall be responsible for all demolition and building permit fees for permits issued by the Town in connection with the Development. C. Developer shall be solely responsible to procure financing for the Development. If Developer wishes to use federal funds for the Development, it shall be Developer's sole responsibility to procure such funds. d. At no time shall the Development eliminate access to or the ability to safely occupy or operate the Timber Ridge housing units currently existing on the real property adjacent to the Property, as more particularly described in the Ground Lease (the "Adjacent Property "). e. Developer shall, at its sole cost, construct new improvements on the Property in accordance with the construction standards set forth herein and other applicable law. "Improvements" means any buildings, structures, signage, streets, sidewalks, utilities or other improvements necessary for the Development and constructed or installed by or for Developer on the Property. Developer shall commence construction of the Improvements by September 30, 2014A-ugust 15, , unless a later date is mutually agreed to by both Parties, and shall achieve substantial completion of the Improvements on or before the date that is 16 months after the date that Developer commences construction of the Improvements, unless a later date is mutually agreed to by both Parties. fi. Prior to issuance of a certificate of occupancy, Developer shall apply for and record a revocable right -of -way permit for any and all private property improvements located within Town rights -of -way. • �ieeeerr: ■ . P. e. 7RMSPMI I ��J 9% �/\: I: It:\ �: 1! �l•: t\ �I� \.1.:I��9'% \�1L't!�� \:�! \�•J �:�'l!•!��' %1• \�I��l�f!•�1 2 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEWIAGRIDA -6- REDLINE -2.DOC ��I- ■ . r-T-T-TjJS4l�rJll�7 ■ . ■ . fi. Prior to issuance of a certificate of occupancy, Developer shall apply for and record a revocable right -of -way permit for any and all private property improvements located within Town rights -of -way. • �ieeeerr: ■ . P. e. 7RMSPMI I ��J 9% �/\: I: It:\ �: 1! �l•: t\ �I� \.1.:I��9'% \�1L't!�� \:�! \�•J �:�'l!•!��' %1• \�I��l�f!•�1 2 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEWIAGRIDA -6- REDLINE -2.DOC address sueh matters as excavation phasing, engiffieef!ed shofing plans, detailed profiles and eross --tio., existing utilities, mater-ials storage, and pennanent and temporary easemepAs. gk. Prior to the issuance of a certificate of occupancy, Developer shall make a one time payment in lieu of transportation improvements to the Town for mitigation of development impacts on the Town's transportation systems of $170,000. L Pfior- to issuanee of a building pefmit, Developer shall submit and obtain approval red anab,sis of gabionv�,alls proposed to femain oin the site. Said analysis sha14 addfess the- extstfng stfuetufal eonditions of the walls, how t' ails will be physically integrated into th-e imep ,,-king lot and ,7 five .,isles to r r tie into the proposed „ts n. Dfio - to . ..1 ,ing F r ., building p niit Developer- shall obtain ., Notice to Pf!o eed from the Color-ado Depar-tmepA of Tr-anspoftation ("CDOT11Y. 0. Developef shall not appb, for- a building pefmit ttntil the Town has appfeved a pafking management plan faf the Development. 3. Construction of Improvements. a. All construction, alterations, renovations, repairs, refurbishment and other work on the Property shall be performed in compliance with this Agreement, the Deed Restriction, the Vail Town Code and the following: b. Work shall be done in a workmanlike manner, in full compliance with all applicable building codes, ordinances, and other laws or regulations of all governmental authorities having jurisdiction. C. No work shall be commenced without all licenses, permits, and authorizations required by applicable law. d. Developer shall have no right, authority or power to bind the Town or any interest of the Town in the Property for any claim for labor or for material or for any other charge or expense incurred in constructing any Improvements or performing any alteration, renovation, repair, refurbishment or other work, nor to render the Town's interest in the Property liable for any lien or right of lien for any labor, materials or other charge or expense. e. Developer shall not be considered the agent of the Town in the construction, erection or operation of any Improvements. f. If Developer fails to complete the Improvements as required by this Agreement, the Town shall have the right, but not the obligation, to: complete the Improvements; restore the 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEWUGRIDA -6- REDLINE -2.DOC Property to the condition it was prior to commencement of construction of the Improvements; or restore the Property to a condition that the Town deems safe while awaiting completion of the Improvements by another party; and to charge the costs thereof to Developer. 4. Development Fee. Developer shall be entitled to a development fee (the "Development Fee ") in connection with the Development. The amount of the Development Fee shall not exceed the maximum development fee allowed by the Colorado Housing and Finance Authority under its qualified allocation plan adopted on October 25, 2012 and approved by the governor on January 16, 2013. The Development Fee may be paid from any project sources including, without limitation, debt proceeds, equity proceeds, and income from the Development. e. To ffin «od by , lender- felate to the Development (e 1, °cTd -es� cgii' sca- v�zsir`y�cncrc�rcrcrrccrcv�nca cT�icn c- �cu��zr "Lendef Resefve"). 56. Term. This Agreement shall commence on the Effective Date, and shall terminate upon termination of the Ground Lease. 67. Security. Developer shall require the general contractor responsible for constructing the Improvements to provide a performance bond to Developer to guarantee the construction of the Improvements. The performance bond shall be equal to the full amount of the cost of construction of the Improvements. Developer shall provide a copy of such performance bond to the Town prior to commencing construction of the Improvements. 79. Insurance. Throughout the term of this Agreement, Developer shall maintain the following insurance, and certificates of such insurance shall be furnished to the Town within 30 days of the Effective Date and at each subsequent policy renewal date: 4 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEFnAGRIDA -6- REDLINE -2.DOC a. Commercial general liability insurance, including contractual liability, with limits of not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage, naming the Town as an additional insured. b. Fire and extended coverage insurance covering the Property for injury or damage by the elements, or through any other cause, in an amount not less than the full actual replacement cost of the Property and Improvements, and sufficient to prevent the Town or Developer frombecoming a co- insurer of any partial loss. During the course of any construction or repair of Improvements, Builders' Risk Insurance. 81. Developer Default and Remedies. a. Each of the following is a Developer default of this Agreement: i. If Developer fails to perform any of its obligations under this Agreement and fails to remedy the same within 30 days after Developer is given a written notice specifying the same; provided that, if the nature of the violation is such that it cannot reasonably be remedied within 30 days, and Developer provides evidence to the Town that the violation cannot reasonably be remedied within 30 days, then the violation shall be remedied as soon as reasonably practicable, but in any case, within 180 days of the original notice of violation. ii. If an involuntary petition is filed against Developer under a bankruptcy or insolvency law or under the reorganization provisions of any law, or when a receiver of Developer, or of all or substantially all of the property of Developer, is appointed without acquiescence, and such petition or appointment is not discharged or stayed within 120 days after the happening of such event. iii. If Developer makes an assignment of its property for the benefit of creditors or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief under any other law for the benefit of debtors. b. If a Developer default occurs, the Town may, in its sole discretion and without waiving any other rights under this Agreement or available to the Town: i. Withhold issuance of certificates of occupancy not yet issued for any buildings on the Property until said default has been remedied; ii. Cause construction of all or part of the Improvements to be completed, and recover the costs of such completion from Developer; and iii. Cause the removal of any partially constructed Improvements and return ofthe Property to the condition it was prior to the commencement of construction, and recover the costs of such removal from Developer. 5 713112014 8/5/2014 Q• USERSIVAILITIMBERRIDGE- NEWUGRIDA -6- REDLINE -2.DOC C. In addition to the specific remedies set forth herein, the Town shall have all other remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy, and any damages alleged by the Town may include lost rents. d. If the Town proceeds to complete the Improvements, Developer shall, at the request of the Town, promptly deliver a copy to the Town of all of Developer's plans and specifications related to the Improvements. 94-0. Town Default and Remedies. a. The following is a Town default of this Agreement: if the Town fails perform any of its obligations under this Agreement and fails to remedy the same within 30 days after the Town is given a written notice specifying the same; provided that, if the nature of the violation is such that it cannot reasonably be remedied within 30 days, and the Town provides evidence to Developer that the violation cannot reasonably be remedied within 30 days, then the violation shall be remedied as soon as reasonably practicable, but in any case, within 180 days of the original notice of violation. b. If a Town default occurs, Developer shall have all remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy. 101. Notices. Any notice under this Agreement shall be in writing and may be given by U. S. Mail, postage prepaid, addressed as set forth herein; or hand - delivery. Notice shall be effective three days after mailing or immediately upon hand - delivery. The addresses of the Parties shall, unless changed in writing, be as follows: The Town: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Developer: Lion's Ridge Apartment Homes, LLC 200 North Main Street Oregon, WI 53575 Attn: Gary J. Gorman With a copy to: Willis J. Wright, Jr. Wright and Company, Inc. P.O. Box 7270 Avon, CO 81620 112. Costs. Except as otherwise set forth herein, each Party shall be responsible for its own costs under this Agreement. 123. Modification. This Agreement may only be modified by subsequent written agreement ofthe Parties. 6 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEFnAGRIDA -6- REDLINE -2.DOC 134. Inte rag tion. This Agreement and any attached exhibits constitute the entire agreement between Developer and the Town, superseding all prior oral or written communications. This Agreement shall supersede the Pre - Development Agreement between the Town and Developer dated November 4, 2013. 145. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. 156. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. 167. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 17 -9. Assignment. There shall be no transfer or assignment of any of the rights or obligations of Developer under this Agreement without the prior written approval of the Town; provided, however, that Developer may make a single assignment of this Agreement to a limited liability company in which Developer is a member without such prior written approval. Developer shall provide the Town with written notice of such assignment within thirty (30) days thereof. 189. Third Parties. There are no intended third -party beneficiaries to this Agreement. 192. -0. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. 2024. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. 212. Force Majeure. Neither the Town nor Developer shall be in breach of this Agreement if a failure to perform any of the duties under this Franchise is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature or the authority and orders of government. 222. Recordiniz. This Agreement shall be recorded with the Eagle County Clerk and Recorder subsequent to the Deed Restriction, but prior to any mortgage or other encumbrance on the Improvements or the Property. The obligations of Developer under this Agreement shall run with the land, and shall be binding on any subsequent holder of an interest in the Improvements or in the Property. 7 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEFnAGRIDA -6- REDLINE -2.DOC WHEREFORE, the Parties have executed this Agreement on the day and year first above written. ATTEST: Patty McKenneyTanmiy Nage', AetingTown Clerk LION'S RIDGE APARTMENTS, LLC By: Name: Its: STATE OF COLORADO ss. COUNTY OF TOWN OF VAIL, COLORADO Andy P. Daly, Mayor The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of ' 2014, by as the of Lion's Ridge Apartments, LLC. My commission expires: (SEAL) Notary Public 8 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEFnAGRIDA -6- REDLINE -2.DOC EXHIBIT A LEGAL DESCRIPTION Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado. 9 713112014 8/5/2014 Q. IUSERSIVAILITIMBERRIDGE- NEFnAGRIDA -6- REDLINE -2.DOC Tammy Nagel From:Paul Rondeau <nanpaul@vail.net> Sent:Monday, August 04, 2014 7:47 PM To:Council Dist List Subject:Timber Ridge Village Apartments Contract Renegotiation Attachments:Timber Ridge Village Apartments Contract Renegotiation.rtf 1 Folks........ I don't have all the facts regarding this proposal or the benefit of looking at Summit County. I do believe in representative government and am appreciative of your serving on the Council. Further, I believe when sticky issues come up, one has to go back to mission, vision, precedents and certain un-written, but understood principles before acting--especially where the implications of actions being in-place or in-your-face 5, 10, 15, etc. years down the line. As to the current situation: O A cynic might say: its a bait-and-switch when they know they "have you" as the apartments have been emptied, people are excited, etc.! O A skeptic might say: what kind of a contract and project management system would allow this to come up at this point in the process and without multiple options to work through? O A pragmatist might say: we have financial heavy weights (both full time and 2nd homeowners) who love Vail, who are used to dealing with projects much larger than this, who could do a quarter turn on their chair, pickup the phone to call a "212" contact to say "Vail is the ultimate location outside of New York City, please show them how to write a long term lease of land, without ever selling irreplaceable assets!" In any case, its all about process where a executive session might be followed up with a Resolution the same day and without the opportunity for the public to weigh in on this unless they just happened to be in town at this very moment. Finally, yes we are all in favor of a rebuilt Timber Ridge, but we have to have not only world class employee housing, but done with world class (Donald Trump style) negotiations. Regards............. Paul Rondeau rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Resolution No. 21, Series of 2014 A Resolution Approving the Ground Lease and Deed Restriction for the Timber Ridge Property PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 21, Series of 2014 BACKGROUND: The Town of Vail is interested in redeveloping the eastern 5.24 acres of the Timber Ridge property in Vail. The proposed ground lease and deed restriction documents are necessary to successfully carry out the redevelopment project. With the ground lease and deed restrictions in place, the project will remain on schedule for the completion of the project by the Fall of 2015. STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council approves the ground lease and deed restriction as presented. ATTACHMENTS: Resolution No. 21 Series of 2014 8/5/2014 RESOLUTION NO. 21 SERIES OF 2014 A RESOLUTION APPROVING A GROUND LEASE AND DEED RESTRICTION FOR THE TIMBER RIDGE PROPERTY WHEREAS, the Town of Vail is planning a redevelopment project for the Timber Ridge property; WHEREAS, the purpose of the redevelopment project is to provide employee housing; WHEREAS, to accommodate the redevelopment project, the Town will be entering into a long -term Ground Lease with the developer of the property, Lion's Ridge Apartment Homes, LLC; WHEREAS, the Ground Lease will be subject to a Deed Restriction governing the use of the property; WHEREAS, on February 18, 2014, the Town Council approved prior versions of the Ground Lease and Deed Restriction, but those versions were never executed, and since that time, certain provisions of both documents have changed; and WHEREAS, the Town Council wishes to approve the Ground Lease and Deed Restriction in substantially the form attached hereto, and to authorize the Town Manager to execute the Ground Lease and the Deed Restriction at closing. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town hereby approves the Ground Lease for the Timber Ridge property in substantially the form attached hereto, subject to final approval by the Town Attorney, and also subject to the approval of the Vail Local Housing Authority to the operating agreement contemplated in Section 5.a. of the Ground Lease. Section 2. The Town hereby approves the Deed Restriction for Lion's Ridge Apartment Homes on the Timber Ridge property in substantially the form attached hereto, subject to final approval by the Town Attorney. Section 3. The Town Council hereby authorizes the Town Manager to execute the Ground Lease and the Deed Restriction at closing in the final form approved by the Town Attorney. 1 Resolution No. 21. Series of 2014 8/5/2014 INTRODUCED, PASSED AND ADOPTED this 5t" day of August, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenney, Town Clerk 2 Resolution No. 21. Series of 2014 8/5/2014 GROUND LEASE This GROUND LEASE (the "Lease ") is entered into as of August , 2014 (the Effective Date ") by and between the Town of Vail, a Colorado home rule municipality (the "Town "), and Lion's Ridge Apartment Homes, LLC, a Wisconsin limited liability company ( "Tenant ") (each individually a "Party" and collectively the "Parties "). WHEREAS, the Town is the owner of certain real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "); WHEREAS, the Parties desire to redevelop the Property for employee housing; WHEREAS, to accomplish the redevelopment of the Property for employee housing, the Town will retain fee ownership of the Property, but the Town will provide Tenant with a long- term ground lease of the Property; and WHEREAS, the Parties wish to establish terms of the long -term ground lease. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Lease. The Town, in consideration of the rents, covenants, agreements, and conditions herein set forth which Tenant hereby agrees shall be paid, kept, and performed, does hereby lease unto Tenant, and Tenant does hereby lease from the Town, the Property together with all of the Town's rights, interests, estates, and appurtenances thereto. 2. Term. This Lease shall commence on the Effective Date and unless earlier terminated as provided herein, shall terminate on December 31, 2064. 3. Rent and Security Deposit. The total rent for the period from the Effective Date through December 31, 2024 is the sum of $10. Tenant has paid such sum to the Town on the date hereof, the receipt of which is hereby acknowledged. Commencing on January 1, 2025 and each year thereafter during the term of this Lease, Tenant shall pay to the Town annual rent in the amounts set forth below. 1 7/31/2014 Q: I &§99%*,WMBER RIDGE -NEft AGkGROUND LEASE -4- REDLINE- 2.DOCX The annual rent shall be paid in twelve equal monthly installments on the first day of each month. There shall be no security deposit. 4. Permitted Uses. Subject to the terms and provisions hereof, Tenant shall use and enjoy the Property to construct and operate 112 dwelling units (the "Improvements"), at least 70% of which shall be employee housing units in full compliance with the deed restriction attached hereto as Exhibit B and incorporated herein (the "Deed Restriction "), the Development Agreement between the Parties dated August , 2014 and applicable law, including without limitation the Vail Town Code, as amended. Tenant will not do, or permit to be done, anything on the Property which is contrary to any legal or insurable requirement or which constitutes a nuisance. 5. Taxation. a. The Parties acknowledge their intent that the Property is to be exempt from ad valorem property taxes pursuant to C.R.S. § 29 -4 -227, by virtue of a 0.01% ownership interest in Tenant held by the Vail Local Housing Authority, a Colorado statutory housing authority. b. Tenant may, at its sole cost and expense, contest the validity or amount of any taxes imposed against the Property. C. To the extent the Property is not tax - exempt, the Town shall refund 100% of any property taxes, net of the Eagle County Treasurer's fee, collected by the Town on the Property or Improvements, within 60 days of collection. 6. Utilities. Tenant shall pay all charges for gas, electricity, telephone and other communication services, and all other utilities and similar services rendered or supplied to the Property, and all water, sewer and other similar charges levied or charged against, or in connection with, the Property. 2 7/31/2014 Q:I&§99%*, WMBERRIDGE- NEWAGR(GROUNDLEASE -4- REDLINE- 2.DOCX Period Annual Rent January 1, 2025 through December 31, 2029 $125,000 January 1, 2030 through December 31, 2034 $140,625 January 1, 2035 through December 31, 2039 $158,200 January 1, 2040 through December 31, 2044 $177,975 January 1, 2045 through December 31, 2049 $200,220 January 1, 2050 through December 31, 2054 $225,250 January 1, 2055 through December 31, 2059 $253,400 January 1, 2060 through December 31, 2064 $285,075 The annual rent shall be paid in twelve equal monthly installments on the first day of each month. There shall be no security deposit. 4. Permitted Uses. Subject to the terms and provisions hereof, Tenant shall use and enjoy the Property to construct and operate 112 dwelling units (the "Improvements"), at least 70% of which shall be employee housing units in full compliance with the deed restriction attached hereto as Exhibit B and incorporated herein (the "Deed Restriction "), the Development Agreement between the Parties dated August , 2014 and applicable law, including without limitation the Vail Town Code, as amended. Tenant will not do, or permit to be done, anything on the Property which is contrary to any legal or insurable requirement or which constitutes a nuisance. 5. Taxation. a. The Parties acknowledge their intent that the Property is to be exempt from ad valorem property taxes pursuant to C.R.S. § 29 -4 -227, by virtue of a 0.01% ownership interest in Tenant held by the Vail Local Housing Authority, a Colorado statutory housing authority. b. Tenant may, at its sole cost and expense, contest the validity or amount of any taxes imposed against the Property. C. To the extent the Property is not tax - exempt, the Town shall refund 100% of any property taxes, net of the Eagle County Treasurer's fee, collected by the Town on the Property or Improvements, within 60 days of collection. 6. Utilities. Tenant shall pay all charges for gas, electricity, telephone and other communication services, and all other utilities and similar services rendered or supplied to the Property, and all water, sewer and other similar charges levied or charged against, or in connection with, the Property. 2 7/31/2014 Q:I&§99%*, WMBERRIDGE- NEWAGR(GROUNDLEASE -4- REDLINE- 2.DOCX 7. Net Lease. This Lease shall be a net lease, and throughout the Term, all payments and other obligations or liabilities of any kind regarding the Property shall be solely the responsibility of Tenant, and not the responsibility of the Town. 8. Existing Conditions. As of the Effective Date, Tenant has inspected the physical condition of the Property and receives the Property in "as is" condition, with all faults. The Town makes no representations or warranties with respect to the condition of the Property or its fitness or availability for any particular use, and the Town shall not be liable to Lessee for any latent or patent defect on the Property. The Town owns all the improvements existing on the Property as of the date of the Lease, which existing improvements may be removed by Tenant prior to the construction of theany-n€w Improvements. 9. Hazardous Materials. a. Though the Town has no actual knowledge of the presence of any hazardous materials or other adverse environmental conditions on the Property, the Town makes no warranty regarding such materials or conditions. b. Tenant shall keep and maintain the Property in compliance with, and shall not cause or permit the Property to be in violation of, any federal, state, or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions ( "Hazardous Materials Laws ") on, under, about, or affecting the Property. Tenant shall not use, generate, manufacture, store, or dispose of on, under or about the Property or transport to or from the Property any flammable explosives, radioactive materials, hazardous wastes, asbestos, lead - based paints, toxic substances, or related materials, including without limitation any substances defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, or toxic substances under any applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous Materials "). C. Notwithstanding the above, the Parties understand and agree that Tenant, in the course of construction of the Improvements, may generate biohazardous waste materials due to procedures performed within the primary structure. Tenant shall be solely responsible for the proper storage and removal of these biohazardous waste materials from the property. Tenant shall be solely responsible for, and shall indemnify and hold harmless the Town, its directors, officers, employees, agents, successors, and assigns from and against, any loss, damage, cost, expense, or liability directly or indirectly arising out of or attributable to Tenant's use, generation, storage, release, threatened release, discharge, disposal, or presence of biohazardous Materials on, under or about the Property. 10. Construction of Improvements. The Improvements shall be constructed in accordance with the Development Agreement. 11. Ownership of Improvements. a. During the Term, all Improvements shall be solely the property of Tenant, and Tenant shall be entitled to take tax depreciation thereon, to the extent permitted by law. 3 7/31/2014 Q: I 9?9'' A AMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX b. Upon termination of this Lease, except as otherwise provided in Section 27, Tenant shall surrender to the Town, free and clear of all debt and other encumbrances, all improvements, inclusions, fixtures, equipment and other appurtenances on the Property in good condition and repair. During the Term, the Town shall have a right to inspect the Property on an annual basis to review the condition of the improvements. 12. Maintenance and Repairs. a. Tenant agrees to maintain the Property throughout the Term of this Lease, at Tenant's own expense, in good working order, in a clean and safe manner consistent with similar projects in the Town. Such maintenance shall include all repairs necessary to maintain the Property in the condition in which it was constructed, including interior and exterior and structural and non - structural repairs, subject to ordinary wear and tear. b. Throughout the Term of this Lease, Tenant shall, at its own expense, provide all janitorial, landscaping, trash removal, snow removal and other services required for the proper maintenance of the Property. C. Should Tenant fail to perform the required maintenance or repairs after 30 days written notice from the Town, the Town may, but has no obligation to, perform such maintenance or repairs and invoice Tenant for the costs of such maintenance, plus 8% interest. Tenant shall pay such invoice within 30 days of receipt thereof, and Tenant's failure to do so shall constitute a Tenant Default. 13. Property Management. Throughout the Term of this Lease, Tenant shall provide for professional management of the ongoing use and operation of the Property (either through an independent third party or an affiliate or agent of Tenant). 14. Insurance. Tenant shall maintain the following insurance, and certificates of such insurance shall be furnished to the Town prior to the commencement of this Lease and at each subsequent policy renewal date: a. Commercial general liability insurance, including contractual liability, with limits of not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage, naming the Town as an additional insured. b. Fire and extended coverage insurance covering the Property for injury or damage by the elements, or through any other cause, in an amount not less than the full actual replacement cost of the Property, common areas, and appurtenances, and sufficient to prevent the Town or Tenant from becoming a co- insurer of any partial loss. C. During the course of any construction or repair of Improvements, Builders' Risk Insurance. 15. Indemnification. Tenant agrees to indemnify, defend, and hold the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns harmless from and against any and all claims, liability, damages, losses, expenses and demands, including reasonable attorney fees, on account of injury, loss, or damage, including without limitation claims arising from 4 7/31/2014 Q: I 9?9'' A AMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Lease or Tenant's use of the Property; provided however, that Tenant shall not indemnify, defend or hold the Town harmless for the Town's own negligence or willful acts or omissions. 16. Restoration. Should any Improvements be wholly or partially destroyed or damaged by fire or other casualty, Tenant shall promptly repair, replace, restore, and reconstruct the same, all in compliance with the provisions of this Lease. 17. Condemnation. a. Full taking. Should the entire Property be taken by eminent domain, condemnation or similar proceedings or conveyed in avoidance or settlement of eminent domain, condemnation, or other similar proceedings, then Tenant's right of possession under this Lease shall terminate as of the date of taking possession by the condemnor, and the award therefor will be distributed as follows: first, to the payment of all reasonable fees and expenses incurred in collecting the award; and next, the balance of the award shall be equitably apportioned between the Town and Tenant based on the then respective fair market values of the Town's interest in the Property and Tenant's interest in the Property. All rent shall be prorated through the date of termination. b. Partial Taking. Should a portion of the Property be taken by eminent domain, condemnation or similar proceedings, this Lease shall continue in effect as to the remainder of the Property unless, in Tenant's reasonable judgment, the taking makes it economically unsound to use the remainder, whereupon this Lease shall terminate as of the date of taking of possession by the condemnor in the same manner as if the whole of the Property had been taken, and the award therefor shall be distributed as provided in subsection (a) hereof. If this Lease is not terminated, all rent shall be equitably adjusted based on the portion of the Property taken. If this Lease is terminated, all rent shall be prorated through the date of termination. C. Temporary Taking. If any portion of the Property is taken for temporary use or occupancy, the Term shall not be reduced or affected. Except to the extent Tenant is prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant shall continue to perform and observe all of the other covenants, agreements, terms, and provisions of this Lease. If Tenant continues to perform its obligations under this Lease throughout the term of the temporary taking, Tenant shall be entitled to the full award for a temporary taking. 18. Assignment. With prior- al of the Town, Tenant may assign its rights under this Lease; if the new tenant assumes in writing all covenants and obligations of Tenant under this Lease, including without limitation all obligations of Tenant under the Deed Restriction. Tenant shall thereupon be released and discharged from all obligations under this Lease, but such obligations shall be binding upon the new tenant. Notwithstanding the foregoing, Tenant may not assign its rights hereunder prior issuance of final certificates of occupancy for all units in to eempletion of the Improvements, and Tenant may not assign its rights hereunder if Tenant is in default of this Lease., tmiess stteh assignee shall be qualified to eenstmet and operate t Pr-epeA�,, as detei=miaed in the Town's reasonable diser-etion. Notwithstanding the foregoing,- 5 7/31/2014 Q: I 9?9'' A AMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX Tenant may eonvey equity intefests in its limited liability eampany entity withatA the To eensepr 19. Subleasing. a. Tenant may freely execute subleases in compliance with this Lease, the Deed Restriction and applicable law, provided that the term of each such sublease (including all renewal and extension rights) shall not extend past the expiration date of the Term. b. Each sublease shall specifically provide that the sublessee's rights are subject to the Town's rights under this Lease and the Deed Restriction, and shall provide that upon a termination of this Lease or of Tenant's right to possession of the Property such sublease, at the Town's option, shall continue in effect as a lease directly between the Town and the sublessee thereunder, provided that the sublessee attorns to the Town, the Town shall not be responsible for the return or repayment of any security or other deposits made by such sublessee with Tenant unless Tenant has turned the same over to the Town, and the Town shall not be liable or responsible for the cure or remedy of any breach, violation, or default on the part of Tenant under subleases occurring prior to termination of this Lease or of Tenant's right to possession of the Property. Tenant shall give a copy of each sublease to the Town upon request. 20. Tenant's Right to Encumber. a. Leasehold. Tenant may, at any time, without the Town's consent or joinder, encumber its interest in this Lease and the leasehold estate hereby created with one or more deeds of trust, mortgages, or other lien instruments to secure any borrowings or obligations of Tenant. No lien of Tenant upon its interest in this Lease and the leasehold estate hereby created shall encumber or affect in any way the interest of the Town in the Property. b. Fee Simple. If any of Tenant's lenders requires the Town to subordinate its fee interest in the Property to the lender's mortgage, the Town shall approve such encumbrance provided that: at all times the Deed Restriction is first and prior to the mortgage; and the Town has a first and prior right to cure any deficiency to protect its fee interest in the Property. The Town shall have the right to review and approve all documents associated with such encumbrance prior to execution by Tenant, and any encumbrance made without the Town's prior review and approval shall be void. C. No Merger. In no event shall the leasehold interest, estate, or rights of Tenant hereunder, or of the holder of any mortgage upon the Lease, merge with any interest, estate, or rights of the Town in or to the Property, it being understood that such leasehold interest, estate, and rights of Tenant hereunder, and of the holder of any mortgage upon this Lease, shall be deemed to be separate and distinct from the Town's interest, estate, and rights in or to the Property, notwithstanding that any such interests, estates, or rights shall at any time or times be held by or vested in the same person, corporation, or other entity. 21. Quiet Enjoyment. The Town covenants that Tenant, on paying the Rent and performing and observing the obligations of this Lease, shall peaceably and quietly have, hold, occupy, use, and enjoy the Property during the Term, and may exercise all of its rights hereunder, subject only to the provisions of this Lease, the Deed Restriction and applicable law. 6 7/31/2014 Q: I 9?9''1kTIMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX 22. Access. a. The Town shall have access to the Property at all times following reasonable prior notice to Tenant to inspect the Property, provided that the Town shall use reasonable efforts not to disturb Tenant's use of the Property or the occupants of the Improvements. b. At no time shall Tenant eliminate access to or the ability to safely occupy or operate the Timber Ridge housing units currently existing on the real property adjacent to the Property, as more particularly described on Exhibit B, attached hereto and incorporated herein by this reference (the "Adjacent Property "). The Town shall have unrestricted access to the Adjacent Property at all times. 23. Tenant Default and Remedies. a. Each of the following is a Tenant default of this Lease: i. If Tenant fails to perform any of its obligations under this Lease or the Deed Restriction and Tenant fails to commence and take such steps as are necessary to remedy the same within 30 days after Tenant is given a written notice specifying the same; provided, however, that if the violation is a violation of this Lease and not a violation of the Deed Restriction, and the nature of the violation is such that it cannot reasonably be remedied within 30 days, and Tenant provides evidence to the Town that the violation cannot reasonably be remedied within 30 days, then the violation shall be remedied as soon as reasonably practicable, but in any case, within 180 days of the original notice of violation. ii. If an involuntary petition is filed against Tenant under a bankruptcy or insolvency law or under the reorganization provisions of any law, or when a receiver of Tenant, or of all or substantially all of the property of Tenant, is appointed without acquiescence, and such petition or appointment is not discharged or stayed within 120 days after the happening of such event. iii. If Tenant makes an assignment of its property for the benefit of creditors or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief under any other law for the benefit of debtors. b. If a Tenant default occurs, the Town may, without waiving any other rights hereunder or available to the Town at law or in equity (the Town's rights being cumulative), terminate this Lease, in which event this Lease and the leasehold estate hereby created and all interest of Tenant and all parties claiming by, through, or under Tenant shall automatically terminate upon the effective date of such notice; and the Town, its agents or representatives, may, without further demand or notice, reenter and take possession of the Property and remove all persons and property from the Property with or without process of law, without being deemed guilty of any manner of trespass and without prejudice to any remedies for existing breaches hereof. 7 7/31/2014 Q: APPAiWMBER RIDGE- NEWIAGkGROUND LEASE -4- REDLINE- 2.DOCX C. In addition to the specific remedies set forth herein, the Town shall have all other remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy. 24. Town Default and Remedies. a. The following is a Town default of this Lease: if the Town fails perform any of its covenants or obligations under this Lease and fails to commence and take such steps as are necessary to remedy the same within 30 days after written notice is given specifying the same; provided, however, that if the nature of the violation is such that it cannot reasonably be remedied within 30 days, and the Town provides evidence to Tenant that the violation cannot reasonably be remedied within 30 days, then the violation shall be remedied as soon as reasonably practicable, but in any case, within 180 days of the original notice of violation. b. If a Town default occurs, Tenant may terminate this Lease. C. In addition to the specific remedy set forth herein, Tenant shall have all other remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy. 25. Notices. Any notice under this Lease shall be in writing and may be given by United States Mail, postage prepaid, addressed as set forth herein; or hand - delivery. Notice shall be effective three days after mailing or immediately upon hand - delivery. The addresses of the Parties shall, unless changed in writing, be as follows: The Town: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Tenant: Lion's Ridge Apartment Homes, LLC 200 North Main Street Oregon, WI 53575 Attn: Gary J. Gorman With a copy to: Jen Wright Wright and Company, Inc. P.O. Box 7270 Avon, CO 81620 26. Surrender. On the last day of the term of this Lease or upon any termination of this Lease, except as otherwise provided for in Section 27, Tenant shall surrender the Property, with the Improvements then located thereon, into the possession and use of the Town, without fraud or delay and in good order, condition, and repair, free and clear of all occupancies, liens and encumbrances, without any payment or allowance whatever by the Town for any buildings or improvements erected or maintained on the Property at the time of the surrender, or for the contents thereof or appurtenances thereto. 8 7/31/2014 Q: I &§99%%TIMBER RIDGE -NEft AGkGROUND LEASE -4- REDLINE- 2.DOCX 27. Option to Purchase. a. The Town hereby grants to Tenant an option to purchase the Property in accordance with the terms set forth below (the "Option" ). Tenant may exercise this option by providing written notice thereof to the Town at any time following the Town's issuance of final Certificates of Occupancy for all units in the Improvements, and prior to December 31, 2024, as long as Tenant is not in default of this Lease. b. If Tenant exercises the Optiondelivefs to the wn written notice of its sexercT� of the option Deeember- 312024, the closing of such purchase shall occur on a date selected by Tenant not more than ninety (90) days after Tenant has delivered the writtensuc -h notice exercising the he Option. If Tenant has not delivered to the Town written notice of it exercise of the option by December 31, 2024, the Oeption shall terminate and be of no further force or effect. cb. The purchase price to be paid by Tenant for the Property shall be the sum of $5 million. The Town shall, at closing, upon payment of the purchase price, convey the Property "as is" to Tenant by s ep cial warranty deed, subject to the Deed Restriction and any subleases executed by Tenant pursuant to Section 19, but free and clear of all other liens, mortgages or encumbrance of any kind and nature other than recorded easements, matters arising by or as a result of the action of Tenant during the term of the Lease and matters to which Tenant hasshall have consented te-in writing during the term of their Lease. Notwithstanding the foregoing, if Tenant has subordinated the Town's fee simple interest in the Property_ pursuant to Section 20(b), it shall be Tenant's sole responsibility to remove such encumbrance prior to closing of Tenant's purchase of the Property. C. The Town shall provide to Tenant, at least 30 days prior to the date of closing, a commitment for an owner's title insurance policy, in the amount of purchase price, from Chicago Title Insurance Company (or another title insurance company reasonably acceptable to Tenant), naming Tenant as the insured. The Town shall, at its expense, cause the title insurance company to issue the title insurance policy at closing. d. In the event Tenant exercises theits Optiollfight to p,,,.ehase the Property, their Lease shall terminate at the closing of Tenant's purchase of the Property and all rent shall be prorated through such date.., provided that the indemnification provisions of Section 15 shall survive termination of the Lease. 28. Miscellaneous. a. Modification. This Lease may only be modified by subsequent written agreement of the Parties. b. Integration. This Lease and any attached exhibits constitute the entire agreement between Tenant and the Town, superseding all prior oral or written communications. C. Binding Ems. This Lease shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. 9 7/31/2014 Q: I 9?9'' A AMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX d. Severability. If any provision of this Lease is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. e. Governing Law and Venue. This Lease shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. £ Third Parties. There are no intended third -party beneficiaries to this Lease. g. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Lease are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Lease shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. h. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Lease, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Lease. i. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Lease, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as amended, or otherwise available to the Town or its officers, attorneys or employees. j. Time of the Essence. Time is of the essence for all provisions of this Agreement. WHEREFORE, the Parties have executed this Lease on the Effective Date. TOWN OF VAIL, COLORADO Stan Zemler, Town Manager ATTEST: Patty McKenneyTc��, interim Town Clerk TENANT LION'S RIDGE APARTMENT HOMES, LLC BY GORMAN EMPLOYEE GROUP LION'S RIDGE, LLC, Manager BY GORMAN & COMPANY, INC., Manager 10 7/31/2014 Q: I 9?9'' A AMBER RIDGE -NEft AGkGROUND LEASE -4- REDLINE- 2.DOCX BY Gary J. Gorman, President STATE OF ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of August , 2014, by Gary J. Gorman, the President of Gorman & Company, Inc., the Manager of Gorman Employee Group Lion's Ridge, LLC, the Manager of Lion's Ridge Apartment Homes, LLC. My commission expires: (SEAL) Notary Public 11 7/31/2014 Q: I 9?9'' A AMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX EXHIBIT A LEGAL DESCRIPTION Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado 12 7/31/2014 Q:IA 9?9'' A WMBERRIDGE- NEWAGR(GROUNDLEASE -4- REDLINE- 2.DOCX EXHIBIT B DEED RESTRICTION FOR THE OCCUPANCY OF RESTRICTED UNITS AT LION'S RIDGE APARTMENT HOMES THIS DEED RESTRICTION FOR THE OCCUPANCY OF RESTRICTED UNITS AT LION'S RIDGE APARTMENT HOMES (the "Deed Restriction ") is made and entered into this day of August, 2014 (the "Effective Date "), by and between the Town of Vail, a Colorado home rule municipality (the "Town "), and Lion's Ridge Apartment Homes, LLC, a Wisconsin limited liability company ( "Master Lessee ") (individually a "Party" and collectively the "Parties "). WHEREAS, the Town is the owner of certain real property generally described as the eastern half of the Timber Ridge property and more particularly described in Exhibit 1 attached hereto and incorporated herein by this reference (the "Property "); WHEREAS, the Parties desire to redevelop the Property for employee housing; WHEREAS, the Town, as landlord, and Master Lessee as tenant, have entered into a Ground Lease for the Property dated August , 2014 (the "Ground Lease "); and NOW, THEREFORE, in consideration of the promises and covenants hereinafter set for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Defined Terms. For purposes of this Deed Restriction, the following terms shall have the following meanings: "Principal place of residence" means the dwelling in which one's habitation is fixed and to which a person, whenever he or she is absent, has a present intention of returning after an absence therefrom. In determining what is a principal place of residence, the Town and Master Lessee may consider, without limitation: location of business pursuits; employment and income sources; residence for tax purposes; residence of parents, spouse and children, if any; location of personal property; motor vehicle registration; and voter registration. "Qualified Household" means one Qualified Resident or a group of persons that contains at least one Qualified Resident (who must sign the Unit lease as a tenant). A Qualified Household may have occupants that are not Qualified Residents (and who may also sign the Unit lease as tenants) as long as at least one occupant who has signed the lease is a Qualified Resident. "Qualified Resident" means a natural person who works an average of 30 hours or more per week at a business in Eagle County, Colorado that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business. For example, if a person worked 60 hours per week for one half of the year at 13 7/31/2014 Q: I 9?9'' A AMBER RIDGE -NEft AGkGROUND LEASE -4- REDLINE- 2.DOCX such a business in Eagle County, Colorado, and worked elsewhere for the other half of the year, such person would constitute a Qualified Resident. "Rental Guidelines" means the guidelines attached as Exhibit 2 hereto and incorporated herein by this reference. "Restricted Unit" means a Unit that is rented to a Qualified Household pursuant to the terms of this Deed Restriction. "Unit" means each of the residential dwelling units constructed on the Property. 2. Binding Effect. This Deed Restriction shall constitute a covenant running with the Property as a burden thereon, for the benefit of, and enforceable by the Town and the Master Lessee. This Deed Restriction shall bind the Master Lessee and all occupants of the Restricted Units. Each and every occupant of a Restricted Unit shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein that are applicable to such occupant during such occupant's respective period of occupancy of a Restricted Unit. Each and every conveyance of the Property or a portion thereof, or interest therein, for all purposes, shall be deemed to include and incorporate by this reference, the covenants contained in this Deed Restriction, even without reference to this Deed Restriction in any document of conveyance. 3. Occupancy. a. The Master Lessee covenants that at least 70% of the total Units in the Property shall be Restricted Units. The Parties acknowledge that the Restricted Units are not fixed and may float so long as at least 70% of the total Units are Restricted Units. For example, assume that the Property contains 100 Units. If 75 of the Units are rented to Qualified Households, and one of such Units becomes vacant, such Unit may thereafter be rented to occupants who are not a Qualified Household, because at least 70 of the Units remain occupied by Qualified Households. b. The Property may contain two additional common areas that shall not qualify as Units, one area to be used by property management personnel, maintenance personnel or security personnel, and one area to be used as a leasing or marketing office. Because such common areas are not considered Units under this Deed Restriction, they shall not be included in the calculation of Restricted Units; provided however, that if such common areas are ever converted into Units, they shall be included in the calculation of Restricted Units. C. A Qualified Resident must occupy the Restricted Unit as his or her principal place of residence. If other occupants of the Restricted Unit are not Qualified Residents, the Restricted Unit need not be their principal place of residence. d. At any time that the number of Restricted Units falls below 70% of the total Units, Master Lessee shall promptly take commercially reasonable efforts in accordance with applicable law and the Rental Guidelines to lease the next Units coming 14 7/31/2014 Q: APPA*,WMBER RIDGE- NEWIAGkGROUND LEASE -4- REDLINE- 2.DOCX available for rent to Qualified Households in accordance with this Deed Restriction and the Rental Guidelines, until at least 70% of the total Units are Restricted Units. 4. Unit Lease. No Unit shall be leased or occupied without a Unit lease. Each Unit shall have only one Unit lease at any one time. Each Restricted Unit lease shall include a clear reference to this Deed Restriction and a brief summary of this Deed Restriction, including the remedies upon a violation or breach of the terms of this Deed Restriction, and shall incorporate the terms and conditions of this Deed Restriction. 5. Right To Terminate Lease. Nothing herein shall prevent the Master Lessee from terminating the lease of a Qualified Household, or taking any other legal action against the Qualified Household based upon any tenant's breach of the terms of the lease; provided that if a tenant misrepresents his or her status as a Qualified Resident, Master Lessee shall terminate the Unit lease in addition to any other available remedies. 6. Inspection. In a non - emergency situation, if the Town or Master Lessee has reasonable cause to believe that an occupant of a Restricted Unit is violating any provision of this Deed Restriction, the Town or Master Lessee may inspect the Restricted Unit between the hours of 8:00 am and 5:00 pm, Monday through Friday, after providing the occupant with no less than 24 hours written notice, which notice to tenant may be given by posting on the front door of the applicable Restricted Unit. Nothing herein shall preclude the Town or Master Lessee from accessing a Restricted Unit in an emergency situation where there is an imminent threat to person(s) or property. 7. Annual Verification. No later than February 1St of each year, beginning in the year following the first year of occupancy of the Property, Master Lessee shall submit a written statement to the Town including the following information and stating that such information is true and correct to the best of Master Lessee's knowledge and belief. a. Evidence to establish that 70% of the Units were Restricted Units (i.e., occupied by Qualified Households) during the prior calendar year; b. A list of tenants who occupied the Restricted Units in the prior calendar year and the evidence submitted by such tenants to establish that they were Qualified Residents and/or Qualified Households; C. A copy of the lease form currently used for the Restricted Units; and d. Copies (which may be electronic) of all application information submitted by Qualified Residents actually occupying Restricted Units; provided that such copies will only be provided for one Qualified Resident per Restricted Unit, even if more than one Qualified Resident occupies such Restricted Unit. 8. Violations. a. If Master Lessee discovers a violation of this Deed Restriction by an occupant, or if the Town notifies Master Lessee in writing that there is a violation of this Deed Restriction by an occupant, Master Lessee shall send a notice of violation to the 15 7/31/2014 Q: I 9?9'' A AMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX occupant detailing the nature of the violation and allowing the occupant 10 days from the date of the notice to cure said violation to the reasonable satisfaction of Master Lessee and the Town. Notice may be given by posting on the front door of the applicable Unit or by other lawful means. If the violation is not cured within such time, the violation shall be considered a violation of this Deed Restriction by the Unit occupant. b. If the Town discovers a violation of this Deed Restriction by Master Lessee, the Town shall send a notice of the violation to Master Lessee, detailing the nature of the violation and allowing Master Lessee 30 days from the date the notice is given to cure said violation to the reasonable satisfaction of the Town. If a forcible entry and detainer is necessary to resolve the violation, the forcible entry and detainer shall be commenced within such 30 -day period and diligently prosecuted to completion. If the violation if not cured within such time, the violation shall be considered a violation of this Deed Restriction by Master Lessee. 9. Remedies. a. The Town and Master Lessee shall have any and all remedies provided by law and in equity for a violation of this Deed Restriction, including without limitation: (i) damages, including but not limited to damages resulting from the leasing of a Restricted Unit in violation of this Deed Restriction; (ii) specific performance; and (iii) injunction, including but not limited to an injunction requiring eviction of the occupant(s) and an injunction to prohibit the occupancy of a Restricted Unit in violation of this Deed Restriction. All remedies shall be cumulative. b. In addition to any other available remedies, if Master Lessee is found to be in violation this Deed Restriction (after expiration of any cure period), Master Lessee shall be subject to a penalty of $100 per violation as determined by the Town in each instance. Each occurrence is hereby deemed to be a separate violation of this Deed Restriction, and the penalty may be imposed for each and every day during any portion of which a violation is found to have been committed, continued or permitted by Master Lessee. This penalty shall not apply if it is discovered that an occupant provided false information to Master Lessee, Master Lessee reasonably relied on such false information, and the false information caused the violation. C. If addition to any other available remedies, if an occupant of a Restricted Unit is found to be in violation of this Deed Restriction (after expiration of any cure period), the occupant shall be subject to a penalty of $100 per violation as determined by the Town in each instance. Each occurrence is hereby deemed to be a separate violation of this Deed Restriction, and the penalty may be imposed for each and every day during any portion of which a violation is found to have been committed or continued by an occupant. d. The cost to the Town of any activity taken in response to any violation of this Deed Restriction by the Master Lessee, including reasonable attorney fees, shall be paid promptly by Master Lessee; provided that, if the Town or a court of competent 16 7/31/2014 Q: I 9?9'' A AMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX jurisdiction fords that Master Lessee was not in violation of this Deed Restriction, Master Lessee shall not be liable for such payment. 10. Term. This Deed Restriction shall commence on the Effective Date and shall terminate upon the expiration or termination of the Ground Lease. 11. Modification. This Deed Restriction may only be modified by subsequent written agreement of the Parties. 12. Assignment. Neither this Deed Restriction nor any of the rights or obligations of the Parties hereto shall be assigned by either Party without the written consent of the other. 13. Severability. If any provision of this Deed Restriction is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. 14. Governing Law and Venue. This Deed Restriction shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 15. Third Parties. There are no intended third -party beneficiaries to this Deed Restriction. 16. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be in a joint venture with the Master Lessee, and the Town shall never be liable or responsible for any debt or obligation of the Master Lessee. 17. No Indemnity. Nothing herein shall be construed to require the Town to protect or indemnify Master Lessee against any losses attributable to the rental of a Restricted Unit, nor to require the Town to locate a Qualified Resident for any Restricted Unit. 18. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Deed Restriction, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as amended, or otherwise available to the Town or its officers, attorneys or employees. IN WITNESS WHEREOF, the Parties have executed this Deed Restriction on the Effective Date. ATTEST: Tammy Nagel, Interim Town Clerk TOWN OF VAIL, COLORADO Stan Zemler, Town Manager 17 7/31/2014 Q: APPAiWMBER RIDGE- NEK4GR (GROUND LEASE -4- REDLINE- 2.DOCX MASTER LESSEE LION'S RIDGE APARTMENT HOMES, LLC BY GORMAN EMPLOYEE GROUP LION'S RIDGE, LLC, Manager BY GORMAN & COMPANY, INC., Manager Im Gary J. Gorman, President STATE OF ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of August, 2014, by Gary J. Gorman, the President of Gorman & Company, Inc., the Manager of Gorman Employee Group Lion's Ridge, LLC, the Manager of Lion's Ridge Apartment Homes, LLC. (SEAL) 19837169 My commission expires: Notary Public 18 7/31/2014 Q:IA 9?9'' A WMBERRIDGE- NEWIAGR(GROUNDLEASE -4- REDLINE- 2.DOCX EXHIBIT 1 LEGAL DESCRIPTION Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado 19 7/31/2014 Q:IA 9?9'' A WMBERRIDGE- NEWAGR(GROUNDLEASE -4- REDLINE- 2.DOCX EXHIBIT 2 RENTAL GUIDELINES 1. Purpose. The purpose of these Rental Guidelines is to set forth the occupancy eligibility requirements for the employee housing rental units (the "Restricted Units ") located in Lion's Ridge Apartment Homes, pursuant to the Deed Restriction dated August , 2014. 2. Definitions. All capitalized terms herein shall have the meanings set forth in the Deed Restriction. 3. Administration. In accordance with the Deed Restriction, Master Lessee shall administer these Rental Guidelines, including but not limited to, making determinations regarding the eligibility of applicants to rent and occupy a Restricted Unit as a Qualified Resident as set forth herein. Prior to leasing or renewing a lease for a Restricted Unit, the occupant must sign an individual acknowledgement of acceptance of the terms of these Rental Guidelines and the Deed Restriction. 4. Qualified Households and Residents. Except as otherwise provided herein or in the Deed Restriction, to be eligible for consideration to rent a Restricted Unit, the occupants must first be certified as a Qualified Household. Notwithstanding anything herein to the contrary, Master Lessee shall not be obligated to rent any Unit to a tenant that does not meet Master Lessee's rental guidelines, which rental guidelines shall be subject to review and approval by the Town, in its reasonable discretion. 5. Application. To become a Qualified Resident, a person must first provide the following information on an application to be provided by Master Lessee, and applications and all accompanying documentation shall become the property of the Master Lessee and will not be returned to the applicant: a. Verification (e.g., wage stubs, employer name, address, telephone number and other appropriate documentation as requested by Master Lessee) of applicant's current employment with a business in Eagle County that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business; b. Evidence that the applicant has worked, or will work, an average of 30 hours per week or more per year for one or more of such businesses and that such level of employment is expected to be maintained for as long as the applicant lives in the Restricted Unit; C. A valid form of identification, such as a driver's license, state - issued identification, passport or military identification. d. Any other documentation which the Master Lessee deems necessary to make a determination of eligibility; and e. A signed statement certifying and acknowledging: that all information submitted in such application is true to applicant's best knowledge; that the applicant 20 7/31/2014 Q:AA?1Q *l TIMBER RIDGE- NEWAGR(GROUNDLEASE -4- REDLINE- 2.DOCX understands that he /she may not sublet the Restricted Unit; that the applicant authorizes Master Lessee to verify any and all past or present employment and residency information and all other information submitted by an applicant; and that applicant understands that, as set forth in the Deed Restriction, the Master Lessee reserves the right to review any applications and take any appropriate action regarding such application. 6. Lease Term. The Restricted Units shall be leased to Qualified Households, and may be renewed to Qualified Households, on a month -to -month basis or for periods no greater than 12 months in duration. 7. Interpretation. In evaluating a potential application to lease a Restricted Unit, the Master Lessee shall be guided by the following: a. An applicant's physical place of employment is controlling, not the mailing address of such place. b. Claims of employment by an applicant that are unable to be verified by Master Lessee will not be utilized in determining an applicant's eligibility. C. Seasonal work and part time work alone may not be adequate to meet the minimum 30 hours per week average annual requirement, but may augment other employment to meet the minimum eligibility requirements. 8. Leasing of Units to Non - Qualified Households. a. If at least 70% of the Units in the Property are Restricted Units, other Units may be freely leased by Master Lessee to occupants who are not Qualified Residents or Qualified Households. b. If there are no eligible Qualified Households available to rent a particular Unit, Master Lessee may rent such Unit to occupants other than a Qualified Household. However, at any time that the number of Restricted Units falls below 70% of the total Units, Master Lessee shall thereafter use commercially reasonable efforts to lease the next available Unit(s) to Qualified Households until the 70% threshold is again met. C. In no event may Master Lessee lease a Restricted Unit to a Qualified Resident who will not occupy the Restricted Unit as his or her principal place of residence, unless first expressly approved in writing by the Town after making findings that extraordinary circumstances and hardship exist to justify such arrangement. Such tenancy shall be on a month -to -month basis only. 9. Misrepresentation. Any misrepresentation by an applicant in any submittal shall disqualify such applicant from being eligible to lease a Restricted Unit, and shall be grounds for eviction if such misrepresentation is revealed after such applicant's occupancy. 10. Inspection of Documents. The Town may inspect any documents submitted with any application for Qualified Resident status pursuant to Section 5 hereof, at any time during normal business hours, upon reasonable notice. In addition, upon inspection, if the Town 21 7/31/2014 Q: llQ�lALITIMBER RIDGE- NEWIAGRIGROUND LEASE -4- REDLINE- 2.DOCX reasonably determines that additional documents are necessary to verify Qualified Resident or Qualified Household status, the Town may request additional documents. Notwithstanding the foregoing, Master Lessee shall not be required to retain any documents submitted by applicants who do not sign leases with Master Lessee; provided, however, that if the number of Restricted Units falls below 70% of the total Units, then Master Lessee shall retain documents submitted by applicants to verify its commercially reasonable efforts to lease the next Unit becoming available for rent to a Qualified Household in accordance with the requirements of the Deed Restriction and the Rental Guidelines, until at least 70% of the total Units are once again Restricted Units. 22 7/31/2014 Q: I 9?9''1kTIMBER RIDGE- NEWAGR(GROUND LEASE -4- REDLINE- 2.DOCX EXHIBIT C LEGAL DESCRIPTION OF ADJACENT PROPERTY Lot 1, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado 23 7/31/2014 Q:IA 9?9'�lA WMBERRIDGE- NEWAGR(GROUNDLEASE -4- REDLINE- 2.DOCX rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Second reading of Ordinance No. 13, Series 2014, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Dispatch Services Fund PRESENTER(S): Kathleen Halloran, Assistant Director Finance ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 13, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 13, Series 2014 ATTACHMENTS: Memorandum and Ordinance No. 13, Series of 2014 8/5/2014 TOWN OF VAIF: TO: Vail Town Council FROM: Finance Department DATE: August 1, 2014 SUBJECT: 2014 Supplemental Appropriation On Tuesday evening, you will be asked to approve a supplemental appropriation of the 2014 budget upon second reading. Changes from first reading The following items reflect updates since first reading: General Fund During the July 15th evening session, Council approved an air service pledge for the winter Toronto flight of $25,000 plus an additional $14,000 match to Beaver Creek Resort Company's pledge. A total of $39,000 pledge is included in the supplemental Council requested more information detailing the Self Guided Tour Mobile App funding request from the Colorado Ski Museum. The $6,500 off -cycle contribution requested by the Museum was approved during the first reading of the ordinance. Please see Attachment A as submitted by the Museum. Vail Library is requesting to use $14,000 of grant monies generated by the Friends of the Library toward various fundraising activities and equipment for the Library. There is no net impact to the town's General Fund for this request. Staff is requesting $8,000 increase to the budget for the town prosecutor (a 3 -day a month contract) due to increased activities outside of normal court duties. The additional expense is related to two appeals in district court, working with town employees on procedures and options for streamtract enforcement and working with the town's police department regarding overcrowding of bars and assault cases. Capital Projects Fund During the July 15th Council meeting, an additional $260,000 was approved for the Vail Village Welcome Center redevelopment, based on final designs and value- engineering done prior to the awarding of the contract for work. 8/5/2014 $10,000 is requested for the appraisal of Lot 10 (adjacent to the Vail Valley Medical Center's parking lot) as approved by Council during the July 15`" meeting. Council requested more information on the multi -year plan to replace the town's existing server platform with "Simplivity Omnicubes ". Please see attachment B. 8/5/2013- COLORADO SKI AND SNOWBOARD MUSEUM AND HALL OF FAME CSSM Tour iOS App Prepared for: Susie Tjossem Prepared by: Robert Deeb Last Updated: July 21, 2014 APP STATEMENT FOR PUBLIC The Colorado Ski & Snowboard Museum is developing an iOS -based app. This will function as a virtual docent, providing for museum visitors a self - guided tour in a medium of real -time content relating to a given exhibit, work, artifact, or gallery of which that visitor is in the physical proximity of. This content, taking the form of audio, images, video, and even text, will be uploaded by museum staff through a cloud -based portal, and downloaded automatically through the app to the user's fingertips. The result is an audio tour experience heightened to a whole new level of automation and visual stimulation, utilizing leading technology on devices that visitors can supply themselves, their phone. This innovative app will also supply alternate modes to save & view favorites, take notes for research purposes, and provide sharing outlets to our favorite social networking tools. It is set to launch in the Museum at the start of the 2014 -2015 Ski Season. 8/5/2014 0) TOWN OF VAIL Memorandum To: Vail Town Council From: Ron Braden, IT Director Date: July 23, 2014 Subject: Server Chassis Supplemental Background The Town of Vail currently has 46 application servers running on four Intel Server Module Chassis (SMC). We have been on this platform since 2008, when we started virtualizing our servers. We chose the Intel platform due to its low entry price. Since we were truly at the forefront of server virtualization, we didn't want to invest a lot of money into the platform until it was proven. We have now standardized on server virtualization and have almost every server moved into this environment. The existing Intel server platform has reached its end of life, and Intel is no longer building, supporting, or replacing the platform. They are instead focusing on providing the chipsets to manufacturers such as Dell, HP, Cisco, and Simplivity for use in their server chassis platforms. We knew this was coming and had planned, designed, and budgeted to be on a new server platform with the municipal building remodel. Even though the municipal building project was tabled, we still need to move forward. We have an immediate need for additional servers to complete projects currently underway including web based payment processing, new parking software, and a municipal court upgrade. In order to do this, we need the new platform now and are unable to wait until FY 2015. Our plan is to install three Simplivity OmniCube server chassis this year, and four more over the next two years ... two in 2015 and two in 2016. Once we have the first three OmniCube chassis installed, we will add the additional servers we need now to complete the projects mentioned above and also move our LaserFiche Records Management data over as well. The advantage of the Simplivity is its ability to replicate data and servers across all of the OmniCube modules so that if one or more chassis goes down for any reason, data is recoverable from others in separate locations. Having seven of them, we will place five in our two data centers in the municipal building and two in our data center at Vail Fire. This will provide us with the data redundancy that we need while we look for a permanent home for a new data center in 2015. When a new data center comes on line, the OmniCubes and servers can be relocated as necessary. 8/5/2014 Below are the hard and soft costs associated with this server project. We are requesting a supplemental appropriation of $134,278 for the three OmniCube server chassis needed in 2014 and will follow with requests of $89,519 in each of the 2015 and 2016 capital budgets for a total project cost of $313,315. Annual operating costs when all seven are in place are estimated at $37,377. Town of Vail 8/5/2014 Page 2 FY 2014 CN3000 -acc OmniCube CN3000 platform, Dual 8 Cores, 2384 GB RAM, 4 x 400GB SSD, 8 x 3TB HDD CN3000- acc -G1 1 year Gold Support for OmniCube CN3000 platform, Dual 8 Cores, 384 GB RAM, 4x400GB SSD FY 2015 CN3000 -acc OmniCube CN3000 platform, Dual 8 Cores, 2384 GB RAM, 4 x 400GB SSD, 8 x 3TB HDD CN3000- acc -G1 1 year Gold Support for OmniCube CN3000 platform, Dual 8 Cores, 384 GB RAM, 4x400GB SSD FY 2016 CN3000 -acc OmniCube CN3000 platform, Dual 8 Cores, 2384 GB RAM, 4 x 400GB SSD, 8 x 3TB HDD CN3000- acc -G1 1 year Gold Support for OmniCube CN3000 platform, Dual 8 Cores, 384 GB RAM, 4x400GB SSD Q N CD On -going software virtualization costs ( also incurred with existing Intel platform ) Price Each Quantity Total 39,203.75 3 117,611.25 5,555.56 3 16,666.68 134,277.93 2014 Total 39,203.75 2 78,407.50 5,555.56 2 11,111.12 89,518.62 2015 Total 39,203.75 2 78,407.50 5,555.56 2 11,111.12 VCS5 -STD -C VMware vCenter Server 5 Standard for vSphere 5 (Per Instance) 4,681.25 1 VCS5- STD -P -SSS -C Production Support /Subscription for vCenter Server 5 Standard 1,273.08 1 VS5- STD -C VMware vSphere 5 Standard for 1 processor SNS 932.39 6 VS5- STD -P -SSS -C Production Support /Subscription for VMware vSphere 5 for 1 proc 1,312.09 6 VCS5 -STD -C VMware vCenter Server 5 Standard for vSphere 5 (Per Instance) 4,681.25 1 VCS5- STD -P -SSS -C Production Support /Subscription for vCenter Server 5 Standard 1,273.08 1 VS5- STD -C VMware vSphere 5 Standard for 1 processor SNS 932.39 10 VS5- STD -P -SSS -C Production Support /Subscription for VMware vSphere 5 for 1 proc 1,312.09 10 VCS5 -STD -C VMware vCenter Server 5 Standard for vSphere 5 (Per Instance) 4,681.25 1 VCS5- STD -P -SSS -C Production Support /Subscription for vCenter Server 5 Standard 1,273.08 1 VS5- STD -C VMware vSphere 5 Standard for 1 processor SNS 932.39 14 VS5- STD -P -SSS -C Production Support /Subscription for VMware vSphere 5 for 1 proc 1,312.09 14 * Base cost does not include annual maintenance increase 89,518.62 2016 Total 313,315.17 Total Capital Cost 4,681.25 1,273.08 5,594.34 7,872.54 19,421.21 2014 Total 4,681.25 1,273.08 9,323.90 13,120.90 28,399.13 2015 Total* 4,681.25 1,273.08 13,053.46 18,369.26 37,377.05 2016 Total* 37,377.05 2017 Total* 37,377.05 2018 Total* 37,377.05 2019 Total* TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2014 2014 Original 1st 2014 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue Local Taxes: $ 22,000,000 $ $ 22,000,000 $ 1,100,000 $ 23,100,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 62/38 62/38 Sales Tax $ 13,640,000 $ $ 13,640,000 $ 682,000 $ 14,322,000 Assumes 5% increase from prior year Property and Ownership 4,465,000 111,500 4,353,500 - 4,353,500 Ski Lift Tax 3,782,000 3,782,000 3,782,000 Franchise Fees, Penalties, and Other Taxes 1,041,550 75,000 1,116,550 1,116,550 Licenses & Permits 1,342,801 1,342,801 1,342,801 Intergovernmental Revenue 1,741,234 35,200 1,776,434 32,073 1,808,507 Reimbursement from state for High Visibility grant and Red Tail Ranch fire Transportation Centers 3,839,680 3,839,680 3,839,680 Charges for Services 770,397 770,397 770,397 Fines & Forfeitures 276,274 276,274 276,274 Earnings on Investments 110,000 110,000 110,000 Rental Revenue 840,896 840,896 840,896 Miscellaneous and Project Reimbursements 107,000 107,000 14,000 121,000 Use of Library "Friends of the Library" grant monies Total Revenue 31,956,832 (1,300) 31,955,532 728,073 32,683,605 Umpenditures Qlaries 14,749,617 17,200 14,766,817 14,766,817 efits 5,189,962 5,189,962 5,189,962 total Compensation and Benefits 19,939,579 17,200 19,956,779 - 19,956,779 1,495,698 6,500 1,502,198 7,186,154 93,073 7,279,227 2,365,254 2,365,254 Contributions and Special Events 1,445,698 50,000 Amended 1st reading to include Co. Ski Museum request for mobile app All Other Operating Expenses 7,045,454 140,700 Per Council 7115, add air service guarantee up to $39K ($25K firm commitment and $14K match with Beaver Creek Resort Co.); $81K for Town Prosecutor additional services; $14,000 for use of Library grant dollars; Remaining $32K relates to expenditures reimbursed above Heavy Equipment Operating Charges 2,365,254 Heavy Equipment Replacement Charges 553,826 553,826 553,826 Dispatch Services 590,961 590,961 590,961 Total Expenditures 31,940,772 207,900 32,148,672 99,573 32,248,245 Revenue Over (Under) Expenditures 16,060 Castle Peak Senior Care Facility - (200,000) (200,000) (200,000) 2015 World Alpine Ski Championships (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) Burton US Open (400,000) (400,000) (400,000) Council Contributions - Tier IV (75,000) (75,000) (75,000) Surplus Net of Transfers & New Programs (1,158,940) (409,200) (1,568,140) 628,500 (939,640) Beginning Fund Balance 14,361,136 2,066,596 16,427,732 16,427,732 Ending Fund Balance $ 13,202,196 $ 14,859,592 $ 15,488,092 EHOP balance included in ending fund balance - not spendable $ 690,000 $ 690,000 $ 15,382 $ 705,382 Recognizing equity share and interest earned on EHOP investments TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue Total Sales Tax Revenue: $ 22,000,000 $ 22,000,000 $ 1,100,000 $ 23,100,000 Sales Tax Split between General Fund & 62/38 62/38 62/38 Capital Fund Sales Tax - Capital Projects Fund $ 8,360,000 $ 8,360,000 $ 418,000 $ 8,778,000 Use Tax 1,000,000 1,000,000 500,000 1,500,000 Currently pacing 22% higher than prior year Other State Revenue 240,000 475,000 715,000 715,000 CDOT share of funding for 1 -70 Underpass Lease Revenue 197,295 197,295 197,295 Per Vail Commons commercial and residential leases 2014: $29K NWCOG grant to fund an Emergency Operations Center at the W. Vail F.S; $90K contribution to Mobile Comm Van from external agencies ($27.5K Project Reimbursement - 119,000 119,000 153,200 272,200 received in 2013); Reduce budget by $16.8K of Mobile Comm Van funding that will come from Transfer as show below from prior year's capital contributions from the E911 Board; $170K Holy Cross grant for lighting replacment (LEDs) TRAHC 494,466 494,466 494,466 Principal and interest on loans to TRAHC Earnings on Investments and Other 36,229 36,229 36,229 Total Revenue 10,327,990 594,000 10,921,990 1,071,200 11,993,190 Bus Shelters 30,000 30,000 30,000 Annual maintenance P4fking Structures 620,000 620,000 620,000 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs O Re- appropriate to cover Buzzard Park repairs such as boiler replacement, exterior Facilities Capital Maintenance 491,000 112,563 603,563 603,563 paint and window replacement; General project covers repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc), and mechanical equipment (boilers, air handlers, etc). Donovan Park Pavilion 50,000 8,670 58,670 58,670 2013: $50K furniture replacement; 2014: Re- finish floors Street Light Improvements 50,000 246,000 296,000 296,000 New street lights and to refurbish residential lighting; Accelerated replacement approved by Council April 1 st; Capital Street Maintenance 981,200 - 981,200 981,200 On -going maintenance to roads and bridges including asphalt overlays, patching and repairs Use remainder of $148K in reimbursement from ERWSD collected in 2012 to Flood incident repairs - 105,436 105,436 105;436 continue flood repair projecst; Replacement of Bighorn Creek culvert along Spruce Way to coincide with ERWSD relocation of water main infrastructure at same location Fire Truck Replacement 620,900 - 620,900 620,900 2014 replace pumper truck from 1999 Re- appropriate for replacement of entire A/V system at Donovan originally planned Audio Visual Capital Maintenance 10,000 19,937 29,937 29,937 for 2013; $1 OK annual mtce /replacement of audio - visual equipment in town buildings such as Municipal Bldg; Grand View, LH Welcome Center, etc. 2014 includes $120K for 24 new cameras in preparation for the 2015's plus $1 OK Town -wide camera system 130,000 - 130,000 130,000 for annual capital maintenance of 89 cameras already throughout town (includes municipal public buildings; 6 cameras currently in Vail Village); Recorders cost $7- 8K each; cameras range from $800 - $3800 each; Document Imaging 30,000 39,979 69,979 69,979 Re- appropriate for additional storage device; Annual maintenance and upgrades; Software Licensing 48,000 48,000 48,000 Annual renewal of software licenses Upgrade Microsoft products on all equipment; renew licenses in future; $135K Hardware Purchases 50,000 50,000 135,000 185,000 supplement requested to replace Intel platform with a new virtual server chassis environment of three "Simplivity Omincubes" Copier replacement 10,000 10,000 10,000 Replace 8 -yr old equipment with copier /printer /fax/scanner Data Center (Computer Rooms) 15,000 15,000 15,000 Based on annual replacement schedule of security and power systems for 3 computer rooms TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Website and e- commerce 12,000 30,000 42,000 42,000 Re- appropriate a portion to implement e- commerce; Internet security & application interfaces Web access to town GIS information (similar to County's website GIS product); Comm Dev ArcGIS System - 14,000 14,000 14,000 2014 expenditure to replace the server used for the software as final step in implementation Cabling / Network Infrastructure; to repair, maintain & upgrade; Replace cabling in Fiber Optics in Buildings 62,000 30,726 92,726 92,726 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) 2013 project delayed from 4G DAS build with Crown Castle; scheduled for 2014 Network upgrades 40,000 - 40,000 40,000 Computer network systems - replacement cycle every 3 -5 years; replacement of switches and routers Phone System Infrastructure - 116,602 116,602 116,602 Replace infrastructure for 15 -year old phone system; Work started in 2013 Annual capital maintenance of "County -wide "Computer Aided Dispatch /Records Public Safety System 50,000 - 50,000 50,000 Mgmt System "; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance Upgrade AM1610 equipment to make operational (the station has been down for Public AM Radio - - 5,900 5,900 approx. 1 year); This channel provides road and parking conditions, etc. to the public 000 Re- appropriate $131.3K to continue Community Development permitting software BQness Systems Replacement - 190,218 190,218 190,218 project and $58.9K for remainder of Finance system project such as N implementation of ecommerce, additional training, etc. Transit Center Generator 200,000 - 200,000 200,000 Replacement of generator at the Vail Village transit center; includes re- landscaping and re- wiring. LiveScan Fingerprint equipment 28,000 (28,000) - - Approved by Council during 2014 budget hearings Oct 1st to purchase in 2013; Removing from 2014 budget Police E- Ticketing system 35,000 - 35,000 35,000 Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court system Total Maintenance 3,563,100 886,131 4,449,231 140,900 4,590,131 Enhancement of Town Assets CDOT Required Parking 218,000 - 218,000 218,000 2014: Vail Village parking improvements per CDOT requirements Remodel, including addition of restrooms and some guest enhancement; Increase Vail Village Info Booth - 1,276,383 1,276,383 260,000 1,536,383 project budget by $260K based on final designs and value- engineering as approved by Council 7/15 Guest Services Enhancements/Wayfinding 1,000,000 2,161,947 3,161,947 3,161,947 Guest Service / Wayfinding enhancements outside of VRA district Main Vail Fire Station - - - Completed To complete phase II of the project to exchange street lights to LED; $327K Energy Enhancements - 221,124 221,124 330,000 551,124 includes $170K funded by Holy Cross (see revenue above) and $160K to retrofit lighting to LED technology as approved by Council May 6th Neighborhood Road Reconstruction - 25,000 25,000 25,000 East Vail roads; $25K for design for shared project with ERWSD on Rockledge Rd Neighborhood Bridge Reconstruction 300,000 - 300,000 300,000 2014: Reconstruction of bridges at Nugget Lane and Bridge Rd Replace parking system in both structures (LH parking structure system had been Parking Entry System / Equipment 600,000 600,000 600,000 scheduled for replacement in 2006); Better financial reporting and potential to interface with variable message signs and other parking systems across town; Partially reimbursed by VRA ($300K) Previously $693K budgeted in 2014 for replacement of approximately 59 radios for Radio Equipment replacement 176,000 - 176,000 176,000 PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018) Hybrid Bus Battery Replacement 385,000 55,000 440,000 440,000 Scheduled replacement: 1 in 2013; 7 in 2014; Estimated life of 6 years TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Replace Buses 45,000 15,002 60,002 60,002 Re- appropriate for bike rack replacements; 2014: ADA van for on -call pickups Timber Ridge Legal/Zoning - 15,604 15,604 15,604 Re- appropriate for consultant and legal expenses for the continuation of redevelopment of Timber Ridge Timber Ridge Redevelopment 225,000 - 225,000 225,000 Estimate for rockfall mitigation Total Enhancements 2,949,000 3,770,059 6,719,059 590,000 7,309,059 New Assets 10,000 Municipal Redevelopment 33,343 33,343 43,343 Re- appropriate $8K and supplement by $25K for additional conceptual design, program analysis and potential legal costs; Per Council 7115, supplement budget for appraisal of Lot 10 near VVMC parking area, est'd at $10K Re- appropriate for desk and signage improvements Welcome Center (VRA) 68,887 68,887 68,887 East LionsHead Portal (VRA) - 25,000 25,000 25,000 Re- appropriate a portion to address street light and snowmelt issues 1 -70 Underpass (VRA) 600,000 1,031,586 1,631,586 1,631,586 Re- appropriate from 2013 unused; plus an additional $820K to cover total amount of contract 2014 - 2016; CDOT reimbursements will span several years, with 2014 amount shown above Lionshead Parking Structure Entry (VRA) 00 2,000,000 164,962 2,164,962 2,164,962 Improve entry area into LH parking structure including booth attendant stations prior to 2015 World Championship; 2013 design; 2014 construction. Per Council contract award added $95K on March 18th; Entire project reimbursed by VRA (see transfers below) N Liabshead Medans (VRA) 1,000,000 (950,000) 50,000 50,000 Median construction from LH parking structure to Vail Spa; Council cancelled the project; need some funds for bills already incurred; will reduce further when all bills paid Mobile Communications vehicle - 321,000 321,000 321,000 Budgeted during 2013 to allow for contract to be signed; will pay out funds in 2014 when van is delivered sometime in the fall Chamonix Housing Marketing Study 5,000 7,550 12,550 12,550 Update Housing Market Study Buy -down Program - 402,118 402,118 402,118 Carry forward program funding Buy -down Program Funded by Pay -in -Lieu - 684,814 684,814 684,814 Carry forward current balance of program funding: Housing funded directly by Pay - in -Lieu fees collected from developers; Includes revenue collected in 2013 ($84.4K) Total New Assets: 3,605,000 1,789,260 5,394,260 10,000 5,404,260 Total Expenditures 10,117,100 6,445,449 16,562,549 740,900 17,303,449 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 3,950,000 (704,565) 3,245,435 3,245,435 Re- appropriate for continuing projects such as LH Parking Structure entry $164K; I- 70 underpass $11 K; and LH Welcome Center $68.9K; remove $950K for cancellation of LH Medians; 2014: Simba Run Underpass $600K, LH Parking structure entry $2.OM, parking equipment at LH $300K and annual LH parking structure capital maintenance $50K. Transfer from Debt Service Fund - 21,311 21,311 21,311 To close out remaining balance in Debt Service Fund Transfer from Dispatch Fund - - 16,800 16,800 Transfer from Dispatch for Mobile Comm Van Revenue Over (Under) Expenditures 4,160,890 (6,534,703) (2,373,813) 347,100 (2,026,713) Beginning Fund Balance 7,955,486 15,789,376 15,789,376 Ending Fund Balance 12,116,376 13,415,562 13,762,662 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original 1st 2014 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Real Estate Transfer Tax $ 3,900,000 $ $ 3,900,000 $ 1,000,000 $ 4,900,000 Based on YTD collections currently up 42% from prior year Golf Course Lease 132,014 132,014 - 132,014 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 99,900 119,900 $20K Lottery fund proceeds; $99.9K CDOT contribution to water quality vaults Project Reimbursements - 1,165,000 1,165,000 - 1,165,000 Carry forward $1.165M VRD portion for Golf Course Clubhouse construction; Recreation Amenity Fees 10,000 - 10,000 10,000 Earnings on Investments and Other 33,712 33,712 33,712 Total Revenue 4,095,726 1,165,000 5,260,726 1,099,900 6,360,626 Maintain Town Assets Annual Park and Landscape Maintenance 1,430,514 - 1,430,514 - 1,430,514 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5 %) 195,000 195,000 195,000 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 65,000 65,000 Regular maintenance for tree health within the town spraying, removing, new trees Forest Health Management 195,000 195,000 195,000 Pine beetle mitigation in conjunction w/ forest service (Crew of 6 during spring /summer months) Street Furniture Replacement 75,000 75,000 75,000 Annual replacement or capital repairs, includes bike racks Alpine Garden Support 65,620 - 65,620 65,620 Annual operating support of the Betty Ford Alpine Gardens Eagle I6rer Watershed Programs 62,000 24,000 86,000 - 86,000 Re- appropriate for the Gore Creek Riparian Restoration project; Annual support of the Eagle River Watershed Council programs CA Activel�reen by 2015 Program - - - 37,000 37,000 Council Contribution (off cycle) for continuation of this program run by Walking Mountains Fencintaround West Vail Community Garden - - 18,500 18,500 Council Contribution (off cycle) for installation of wildlife fencing around West Vail Community Garden Public Art - Operating 95,920 95,920 - 95,920 Art In Public Places staff and programs Environmental Sustainability 250,000 - 250,000 250,000 500,000 $250K annual Environmental Sustainability staff and programs; 2014: $250K supplement request includes $50K for recycling education program, $75K Recycling rebates for commercial start up costs and $125K recycling rebates for residential Total Maintenance 2,434,054 24,000 2,458,054 305,500 2,763,554 Enhancement of Town Assets Rec. Path Capital Maint 104,796 - 104,796 - 104,796 Capital maintenance of the town's recreation path system; Transfer $40K of unspent in 2013 to the Library recreation path project for design Park / Playground Capital Maintenance 90,500 38,338 128,838 128,838 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 Donovan Park Master Plan 5,000 5,000 5,000 To separate and update the Donovan Park master plan from the Ford Park master plan Flood Incident Repairs - 847,795 847,795 847,795 Re- appropriate for re- stabilization of Dowd Junction path; Repairs to culverts, drainage, and preventative improvements Library Recreation Path Reconstruction 200,000 40,000 240,000 240,000 Use $40K of unsued 2013 funds in Rec. Path Maintenance for design of hte bike path; 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 Streambank/tract mitigation 750,000 934,834 1,684,834 - 1,684,834 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) Water Quality / Storm Water 350,000 - 350,000 99,900 449,900 Would accompany repairs made with streambank/tract mitigation for storm water and culverts; $99.9K contribution from CDOT for water quality vaults (see revenue above) Skate Park - Temporary 260,000 260,000 - 260,000 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. TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original list 2014 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Ford Park Portal Improvements 250,000 250,000 250,000 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 8/6/13 ($100K tfd in 2013 and $650K in 2014) Bike Lanes: N Frontage Rd 1,500,000 1,500,000 1,500,000 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 Frontage Rd 500,000 500,000 500,000 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 Playground Safety Improvements 304,000 304,000 304,000 Moved up to 2014 to coincide with Ford Park improvements; Ford Park playground built in 2000; improvements were previously scheduled for 2015 Ford Park parking lot slope re- vegetation 100,000 100,000 100,000 Re- vegetate the slope down toward the river at the Ford Park parking lot Booth Creek Playground 385,250 385,250 385,250 Previously in 2012; deferred to 2014 Booth Creek Tennis Courts 262,000 262,000 262,000 Reconstruction of the tennis courts, pending outcome of overall park design identified below Booth Creek Park Redevelopment - 250,000 250,000 250,000 Council initially approved to supplement in 2013 during 2014 budget discussions. Dollars were moved forward from the 2017 budget for design and planning, with construction in 2017 Public Art - General program / art 80,000 310,831 390,831 390,831 To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each year to accumulate enough funds; Supplement budget for annual donations, manhole cover & jewelery sales contributed during 2013 ($4,975) Public Art - Winterfest - 78,730 78,730 78,730 Carry over balance from 2013 and recognize donations made for Winterfest event Total Wancements 5,141,546 2,500,528 7,642,074 99,900 7,741,974 Cn \ VRD- aged Facility Projects Recre '9n Enhancement Account 132,014 (132,014) Annual rent paid by Vail Recreation District; to be re- invested in asset maintenance; transfer 2014 rent to Golf Clubhouse and Nordic Center Golf Course - Other Improvements 108,967 725,125 834,092 834,092 2014 asphalt parking area by storage maintenance building; replacement of storage shed at the golf clubhouse; sewer repairs at maintenance facility Dobson Ice Arena 14,475 130,000 144,475 144,475 $130K needed to replace boilers originally scheduled for 2017; $14K in 2014 original budget for other maintenance items Ford Park / Tennis Center Improvements 12,270 - 12,270 12,270 Capital maintenance items per VRD agreement Athletic Fields 15,604 - 15,604 15,604 Capital maintenance items per VRD agreement Total VRD- Managed Facility Projects 283,330 723,111 1,006,441 1,006,441 New Assets Golf Clubhouse and Nordic Center (CCF) - 6,268,629 6,268,629 6,268,629 2014 Transfer of $132K from REA funds; Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds thru 2014 and Conference Center funds of $3.8M (Total project cost originally estimated at $6.8M) Ford Park Improvements & Fields (CCF) 4,080,792 4,080,792 4,080,792 Per council 8/6113 move up $2.7M from 2014 budget plus use $10OK 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; Public Restrooms 334,174 334,174 334,174 Restrooms at lower bench of Ford Park Total New Assets: - 10,683,595 10,683,595 10,683,595 Total Expenditures 7,858,930 13,931,234 21,790,164 405,400 22,195,564 Other Financing Sources (Uses) Transfer from Conference Center Fund - 1,836,318 1,836,318 - 1,836,318 Transfer from Conf Center Funds for Golf Clubhouse ($3.8M) and Ford Park Field projects ($3.5M), net of transfer in 2013 Revenue Over (Under) Expenditures (3,763,204) (10,929,916) (14,693,120) 694,500 (13,998,620) Beginning Fund Balance 4,890,970 16,856,681 16,856,681 Ending Fund Balance $ 1,127,766 $ 2,163,561 $ 2,858,061 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 8/5/2014 13 2014 2014 1st 2014 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue E911 Board Revenue $ 776,956 $ $ 776,956 $ $ 776,956 Interagency Charges 1,151,619 1,151,619 1,151,619 Town of Vail Interagency Charge 590,961 590,961 590,961 Earnings on Investments 8,200 8,200 8,200 Other - - - Total Revenue 2,527,736 2,527,736 2,527,736 Expenditures Salaries & Benefits 1,968,386 1,968,386 1,968,386 Operating, Maintenance & Contracts 550,406 550,406 550,406 Capital Outlay - 3,000 3,000 3,000 Total Expenditures 2,518,792 3,000 2,521,792 2,521,792 Revenue Over (Under) Expenditures 8,944 (3,000) 5,944 0 5,944 Other Financing Sources (Uses) Part of E911 Authority's contribution to Transfer to Capital Projects Fund - - 16,800 16,800 Mobile Comm Van funded by capital conributions (normally included in E911 Board Revenue line item above) Total Financing Sources (Uses) - - 16,800 16,800 Surplus Net of Transfers & New Programs 8,944 (3,000) 5,944 (16,800) (10,856) Beginning Fund Balance 593,697 186,334 780,030 780,030 Ending Fund Balance $ 602,641 $ 183,334 $ 785,974 $ (16,800) $ 769,174 8/5/2014 13 ORDINANCE NO. 13 SERIES OF 2014 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND DISPATCH SERVICE FUND OF THE 2014 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2014 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 15, Series of 2013, adopting the 2014 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2014 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 99,573 Capital Projects Fund 740,900 Real Estate Transfer Tax Fund 405,400 Dispatch Services Fund 16,800 Total $ 1,262,673 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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. 3. The Town Council hereby finds, determines, and declares that this ordinance is Ordinance No. 13, Series of 2014 8/5/2014 necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. 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. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of July, 2014, and a public hearing shall be held on this Ordinance on the 5th day of August, 2014, 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: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of August 2014. ATTEST: Patty McKenny, Town Clerk Ordinance No. 13, Series of 2014 Andrew P. Daly, Mayor 8/5/2014 rowH Of vn �ii> VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: First reading of Ordinance No. 14 Series of 2014, An Ordinance Amending Sections 5 -4 -9 and 5 -4 -10 of the Vail Town Code Relating to the Possession, Consumption and Use of Nicotine Products by Minors and the Sale of such Products to Minors PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2014, upon second reading. BACKGROUND: The Colorado General Assembly recently passed Senate Bill 2014 -18, which prohibits furnishing and /or selling nicotine products to minors, including electronic devices that deliver nicotine. Sections 5 -4 -9 and 5 -4 -10 of the Vail Town Code govern restrictions on tobacco products and minors, but do not include nicotine products such as electronic cigarettes. ATTACHMENTS: Ordinance No. 14 Series of 2014 8/5/2014 ORDINANCE NO. 14 SERIES 2014 AN ORDINANCE AMENDING SECTIONS 5 -4 -9 AND 5 -4 -10 OF THE VAIL TOWN CODE RELATING TO THE POSSESSION, CONSUMPTION AND USE OF NICOTINE PRODUCTS BY MINORS AND THE SALE OF SUCH PRODUCTS TO MINORS WHEREAS, the Colorado General Assembly recently passed Senate Bill 2014- 18, which prohibits furnishing and /or selling nicotine products to minors, including electronic devices that deliver nicotine; WHEREAS, Sections 5 -4 -9 and 5 -4 -10 of the Vail Town Code govern restrictions on tobacco products and minors, but do not include nicotine products, such as electronic cigarettes; and WHEREAS, the Town Council desires to amend the Vail Town Code to prohibit the possession, consumption and use of nicotine products by minors and the sale of such products to minors. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5 -4 -9 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 5 -4 -9: TOBACCO PRODUCTS, NICOTINE PRODUCTS AND MINORS: A. Definitions. As used in this Section: 1. MINOR means a person under eighteen (18) years of age. 2. TOBACCO PRODUCT means a product that contains tobacco or is derived from tobacco and is intended to be ingested, inhaled, smoked, placed in the oral or nasal cavities, or applied to the skin of an individual, including without limitation cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour, snus, plug and twist, fine -cut, and other chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds and forms of tobacco, prepared in such manner as to be suitable for both chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco product also includes cloves and any other plant matter or product that is packaged for smoking. Ordinance No. 14, Series of 2014 8/5/2014 3. NICOTINE PRODUCT means an electronic device or any component thereof that can be used to deliver nicotine to the person inhaling from the device, including without limitation an electronic cigarette, cigar, cigarillo, hookah, pipe, or nicotine vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be used therein. B. It is unlawful for a minor to possess, consume or use a tobacco product or nicotine product. C. It is unlawful for a minor to purchase, obtain or attempt to purchase or obtain a tobacco product or nicotine product by misrepresentation of age or by any other method. D. It is unlawful for a person to knowingly furnish to a minor, by gift, sale or any other means, a tobacco product or nicotine product. E. It is a rebuttable presumption that the substance within a package or container is a tobacco product or nicotine product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product or nicotine product. F. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) years of age of older. Section 2. Section 5 -4 -10 of the Vail Town Code is hereby amended as follows: 5 -4 -10: VIOLATION; PENALTY: A. Violations: The following acts constitute violations of this Chapter: 1. Smoking in a posted no smoking area. 2. Failure to post a no smoking sign as required by this Chapter. 3. Willful destruction or defacement of a sign posted as required by this Chapter. 4. The furnishing, selling, or giving of any tobacco product or nicotine product to a minor. 5. The possession, consumption or use of a tobacco product or nicotine product by a minor. Ordinance No. 14, Series of 2014 8/5/2014 56. The purchase or attempt to purchase a tobacco product or nicotine product by a minor. B. Penalty: The penalty for violation of any provision of this Chapter shall be as provided in Section 1 -4 -1 of this Code. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of August, 2014 and a public hearing for second reading of this Ordinance set for the 19th day of August, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2014 8/5/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 5, 2014 ITEM /TOPIC: Adjournment (8:25 p.m.) 8/5/2014 rowH Of vn �ii>