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HomeMy WebLinkAbout2014-08-19 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 19, 2014 TOWN OF VAI07 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) Appoint Patty McKenny to Northwest Colorado Council of Governments (NWCCOG) Board of Directors as the Town of Vail representative; 2) Resolution No. 22, Series of 2014, A Resolution Expressing Support for Congressional Wilderness Designation of Six Separate Areas on Public Lands Surrounding or Nearby the Town of Vail (5 min. ) 3 0 5 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. ITEM/TOPIC: Town Manager's Report (5 min. ) ITEM/TOPIC: 1-70 Vail Underpass Update (60 min.) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Confirm direction provided to staff and the design team on July 15th regarding changes to the 1-70 Vail Underpass design BACKGROUND: The 1-70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1-70. The project is currently under design with an aniticipated construction timeframe of 2016-17. At the July 15th Town Council work session the design team provided a design update to the Council highlighting the changes to the 1-70 Underpass design since the endorsement of the preferred conceptual location on May 6th. The major change to the design was reducing the underpass skew resulting in shifting the proposed south roundabout approximately 100' to the west. Council has requested to see additional information regarding this shift. STAFF RECOMMENDATION: Staff and the design team recommends proceeding with the current 7 degree skew option and maintaining the previous direction of Council on July 15th. It is recognized that special attention must be taken when mitigating the aesthetics of the south Gore Creek wall and when ang�21h@l mitigation for headlight glare. These design elements will be thoroughly vetted as we continue thru the design process. 6. 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 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. 7. 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. 8. ITEM/TOPIC: Second 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 (5 min. ) 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 includWl-fl flAe products such as electronic cigarettes. ITEM/TOPIC: Adjournment (estimated 8:10 p.m.) 8/19/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 2014 ITEM/TOPIC: Citizen Participation 8/19/2014 rnwH of vn' �Ii1 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 2014 ITEM/TOPIC: Consent Agenda: 1) Appoint Patty McKenny to Northwest Colorado Council of Governments (NWCCOG) Board of Directors as the Town of Vail representative; 2) Resolution No. 22, Series of 2014, A Resolution Expressing Support for Congressional Wilderness Designation of Six Separate Areas on Public Lands Surrounding or Nearby the Town of Vail ATTACHMENTS: Resolution No. 22 Series of 2014 8/19/2014 RESOLUTION NO. 22 SERIES OF 2014 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; 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; WHEREAS the public and private lands around Vail that support such values are under increasing pressure due to population growth and growing recreational interest; 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; 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 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 19th day of August, 2014. Andrew P. Daly, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution 22, Series of 2014 8/19/2014 Tammy Nagel From: Krause, Courtney <Courtney.Krause@mail.house.gov> Sent: Tuesday, August 19, 2014 4:48 PM To: Council Dist List; Andy Daly Cc: Erickson, Nissa Subject: Attached letter from Congressman Polis Attachments: polisscans_20140819_134931.pdf Dear Mayor Daly and Council Members: Please see the attached letter from Congressman Jared Polis in response to the letter from the Eagle River Water and Sanitation District, dated August 18, 2014. Please let me know if you have additional questions or concerns. Best, Courtney Krause Legislative Counsel Congressman Jared Polis (202) 225-5721 JARED POLIS 2NO Di THICT, COLORADO 1,133 L r,rMORTH HDUSE OFFicE RUILDIN<; HINE ToN DC 20515-0602 t202)225-2161 1202!226-78401FAx1 website and email. http lipoks.house.gov TmigrFms lit tljl. 1-111itrb - t6vtww of Er, imirtitatitirr, August 19, 2014 Vail Town Council 75 S. Frontage Road Vail, CO 81657 Dear Vail Town Council Members; PARLIAMENTARIAN OF THE WHIP COMMITTEE ON EDUCATION AND THE WORKFORCE SU13COMMITTLES EARLY CmLUH000, ELemeNTARY, AND SECONDARY EDUCA74)N HEALTH, EMPLOYMENT, LABOR, ANO PENSIONS COMMITTEE ON RULES STEERING AND POLICY I am writing to address the Eagle River Water & Sanitation District's letter dated August 18, 2014, referencing my legislation, the Rocky Mountain Recreation and Wilderness Preservation Act. As Eagle River Water and Sanitation District's letter acknowledges, "data strongly indicates that water quality fi-om existing Wilderness areas is high." In fact, the highest water quality on Gore Creek is found on the upper portion of the creek that flows directly out of the Eagles Nest Wilderness east of the Town of Vail. My legislation would further increase protections for the Town of Vail's watershed by preventing activities such as road construction, timber harvesting, and mining that could lead to sedimentation, pollution, poor water quality, and decreased property values. Given all of this, it is unclear how the District's letter concludes that new wilderness in Spraddle Creek would have "profound negative impacts on the region's water quality and water supply." It is my understanding that the District has not tested water directly flowing from the proposed Spraddle Creek Wilderness Area. Rather, water testing has only occurred in Gore Creek, as the attached map frons the Gore Creek Water Quality Improvement Plan shows no testing has occurred on Spraddle Creek itself, nor has it occurred at the intersection of Spraddle Creek and Gore Creek. In fact, the closest testing sites to the confluence of Spraddle Creek and Gore Creek are upstream (at the confluence of the Mill Creek and Gore Creek, labeled GCVV) and downstream (at the confluence of Red Sandstone Creek and Gore Creek, labeled GCAVTP and VWWTP). It is problematic that the District assumes that the proposed Spraddle Creek Wilderness Area contributes to the Gore Creek water quality concerns when the District has not yet tested in the waters directly flowing from the proposed Spraddle Creek Wilderness Area. Testing water as it exits the proposed the Spraddle Creek Wilderness Area — or even at the confluence of Spraddle Creek and Gore Creek is critical to identifying the actual source of the contamination. Without testing water as it exits the proposed Spraddle Creek Wilderness Area, there is no reasonable basis for concluding that the watershed around the Spraddle Creek drainage is a significant source of nutrients especially when the water flowing from Spraddle Creek could likely be contaminated as it travels through neighborhoods, construction sites, and under Interstate -70 before it reaches Gore Creek. Even more likely, there could be pollutants entering Gore Creek as PRINTED ON RECYCLED PAPER it flows through the Town of Vail between the two testing sites. It is very plausible that the human -impact outside of the wilderness boundary, and not within the proposed Spraddle Creek Wilderness Area, is contributing to the Gore Creek water- quality concerns. I have previously requested that the District test the water quality adjacent to the proposed Spraddle Creek Wilderness Area to determine whether the Spraddle Creek drainage is actually a source of nutrient contamination. To date, I have not received any data or documentation that water testing in the Spraddle Creek Area has occurred. Absent this data, I believe there is no basis to remove Spraddle Creek Area from my proposal. Once provided such data. I would welcome the opportunity to continue to work with the District to address its concerns while conserving the proposed Spraddle Creek Wilderness Area. Over the past few years, I have appreciated the opportunity to work closely with the District, and have been pleased to incorporate language in my legislation to address their concerns. For instance, in direct response to the District's concerns about the decommissioned roads in the Spraddle Creek area, I added a new provision in the legislation to create a "Spraddle Creek Potential Wilderness Area." The addition of a potential wilderness area will allow the U.S. Forest Service or a third party (including Eagle River Water and Sanitation) to complete mitigation activities to improve "watershed values" within ten years. If determined to be a concern, the congressionally -mandated Spraddle Creek Potential Wilderness Area would aid and streamline efforts to complete mitigation activities and substantially reduce the risk of sedimentation concerns associated with the decommissioned roads. The District's letter also states that my legislation must expressly permit "the maintenance, repair, reconstruction or replacement of water conveyancing infrastructure ... including water supply ditches and pipetincs." However, such language would be duplicative. As I have pointed out to the District, the Rocky Mountain Recreation and Wilderness Preservation Act amends the Colorado Wilderness Act (P.L. 10;-77), which allows certain nonconforming pennitted uses related to water supply infrastructure to continue, Specifically, the Colorado Wilderness Act includes the following relevant provisions: • §8(d)( I )—allows "reasonable access to water resource facilities in existence on the date of enactment ... including motorized access where necessary and customarily employed on routes existing on the date of enactment." • §8(d)(2)—allows existing, customarily used access routes to be "used, maintained, repaired, and replaced to the extent necessary to maintain their present function, design, and serviceable operation, so long as such activities have no increased adverse impacts on the resources and values." • §8(d)(3)—allows existing water resource facilities "to be used, operated, maintained, repaired, and replaced to the extent necessary for the continued exercise ... of vested water rights." • §8(d)(4)—allows water resource facilities and access routes to be "maintained and repaired when and to the extent necessary to prevent increased adverse impacts on the resources and values." • §8(c) ---states that the statute is to have no effect or limitation on "the use, operation, maintenance, repair, modification, or replacement of water resource facilities in existence on the date of enactment." • §S(f)—requires monitoring of "the operation of and access to water resource facilities." Based on this existing statutory language, it is not necessary to include additional language in the Rocky Mountain Recreation and Wilderness Preservation Act. Pursuant to the Colorado Wilderness Act, access and maintenance exceptions for the water district are already granted. The letter also mentioned that my bill "would leave the decision of whether to allow such work up to a federal official who in all likelihood has no understanding of what is necessary to provide a municipal water supply." However, my legislation necessarily only applies to federal property. Thus, these decisions will continue to be made by the same U.S. Forest Service officials notwithstanding this legislation. In addition, U.S. Forest Service officials have extensive experience managing watersheds and headwater areas. The U.S. Forest Service is statutorily mandated to secure favorable water flows to supply communities, and to protect watersheds. Given the important scenic, recreational, and cultural values in the Spraddle Creek Watershed, I would oppose transferring the National Forest lands I have proposed for Wilderness to the District. I have greatly appreciated Eagle River Water and Sanitation District's comments over the past few years, as well as the Town of Vail. I believe that this legislation addresses their concerns, and I look forward to continuing to work the District as we receive additional infonnation resulting from testing in or on the boundary of Spraddle Creek. At this point, all of the existing infonnation and experience indicates that managing the Spraddle Creek Watershed as Wilderness will ensure the highest level of protection for the Town of Vail's water supply, as well as for its economy and way of life. Sincerely, Jared Pois Member o Congress Tammy Nagel From: Diane Johnson <djohnson@erwsd.org> Sent: Monday, August 18, 2014 1:32 PM To: Council Dist List Cc: Glenn Porzak (gporzak@pbblaw.com); Linn Brooks; Courtney Krause (Courtney.Krause@mail.house.gov); Nissa Erickson (nissa.erickson@mail.house.gov); Bill Simmons (bsimmons@vailresorts.com); Debbie Buckley (debbie@internetvail.com); Kim Langmaid (kimberly.langmaid@gmail.com); Paul Testwuide (paultestwuide@msn.com); Rick Sackbauer (sackbauer@aol.com); Steve Friedman (stephen@highhaven1998.com); Tom Allender (tallender@vailresorts.com) Subject: Request to table Vail Town Council Resolution on Rocky Mountain Recreation and Wilderness Preservation Act Attachments: 2014-08-18_TOV Council re RMRWPA Resolution_signed.pdf Dear Mayor Daly and Vail Town Council members, Please see the attached letter from Eagle River Water & Sanitation District General Manager Linn Brooks. Thank you for your consideration. Diane Johnson Communications and Public Affairs Manager Eagle River Water & Sanitation District 846 Forest Road I Vail, CO 81657 Direct: (970) 477-5457 www.erwsd.orq Providing efficient, effective, and reliable water and wastewater utility services in a manner that respects the natural environment. EAGLE RIVER WATER & SANITATION DISTRICT August 18, 2014 Honorable Andy Daly Mayor Town of Vail 75 S. Frontage Road Vail, CO 81657 Sent Via Email RE: Request to table Resolution on Rocky Mountain Recreation and Wilderness Preservation Act Dear Mayor Daly and Vail Town Council members: The Eagle River Water and Sanitation District provides water and sewer service to the Town of Vail and its surrounding areas, and the District's service area extends down valley to Wolcott. While the District is generally supportive of wilderness values — because data strongly indicates that water quality from existing Wilderness areas is high — the Rocky Mountain Recreation and Wilderness Preservation Act, as drafted, will have profound negative impacts on the region's water quality and water supply without important changes. The Town's proposed Resolution regarding this Act provides unqualified support and needs to be modified to be contingent upon the inclusion of such changes. Therefore, we request that the Council table Item 2 of the Consent Agenda on the August 19 Evening Session. Specifically, the Act includes the Spraddle Creek area and other lower elevation parcels that have been impacted by human activities. These areas are tributary to, and have a negative effect on the water quality of Gore Creek. For example, the Spraddle Creek drainage is a contributing source of nutrients to Gore Creek, which is the District's discharge waters. The District and its taxpayers will incur an estimated $60 million in costs over the coming decades to meet Colorado's recently established nutrient regulations. This will require certain mechanical activities in the Spraddle Creek area to mitigate contributing sources of nutrients. As currently drafted, the Act would limit the period to address the sources and prevent such activities following a 10 -year period. This will substantially increase the costs to the District and the Town's mutual taxpayers to meet these regulations. Any resolution of support needs to reflect the necessary language changes to expressly permit — in perpetuity — water quality remediation and enhancement activities. Second, a number of regions that the Act would designate as wilderness are the District's source waters. These areas have been been impacted by insects and diseases that increase the probability of future forest fires. Such fires would have a profound negative effect on the area water supply. To minimize the risk of fire to protect watershed and water supply values, and to ensure the replacement of existing water facilities damaged by fire, the Act needs to expressly permit (1) the use of mechanical equipment and activities to maintain and enhance watershed and water supply values, and (2) the maintenance, repair, reconstruction or replacement of water conveyancing infrastructure. These include forest thinning and related activities, and water supply ditches and pipelines. Again, as currently drafted, the Act would leave the decision whether to allow such work up to a federal official who in all likelihood has no understanding of what is necessary to provide a municipal water supply. The Act must be amended to expressly allow such activities, not simply grant the federal government the authority to approve such activities. Third, the Eagle River Memorandum of Understanding among the District, Upper Eagle Regional Water Authority, Vail Resorts, Aurora and Colorado Springs is an important agreement that limits future transmountain diversions from the Eagle River basin, including future water diversions from the Holy Cross Wilderness Area that are grandfathered into that area. In return, the Eagle River MOU provides for the development of other water supplies for both the east and west slope in less sensitive areas. The Clean Water. Quality Life.' 846 Forest Road Vail, Colorado 81657 Tel (970) 476-7480 Fax (970) 476-4089 erwsd.org proposed Act needs to include language that it will not be used to negatively affect or prevent an Eagle River MOU project. Given the forgoing, the District requests that the Council delay consideration of the proposed Resolution and instruct its staff to work with the District staff to craft the appropriate language that qualifies support of the Rocky Mountain Recreation and Wilderness Preservation Act upon the inclusion of the above amendments. Regards, Brooks ;ral Manager s River Water & Sanitation District C: ERWSD Board of Directors Congressman Jared Polis Glenn Porzak Diane Johnson An Outsiders View of the August 19th Meeting You get full marks for dealing with three subjects in one night that have important, long-lasting and permanent impacts. > Spradle Creek Wilderness Designation: I was out of the room at the outset so I never fully understood what was going on, except to see a lot of passion and citizen involvement --which was great. Clearly, the allotted 5 minute of time was inadequate. > 1-70 Underpass: Wow, again things going back to square one and what Peggy Osterfoss called the "11th hour brigade." Once things got back to square one questions, I thought the original objectives and requirements should have been brought out. Andy was closest when he brought up safety with the CDOT representative. If that was the overall, key objective, its easy to reformulate the objectives as follows: o Provide 24/7 pedestrian access under 1-70 to help prevent our young people from getting killed while crossing the interstate. One preventable loss of human life alone might be the over-riding, single most important objective. o In emergency situations, provide access under 1-70 for fire, police, ambulance, CDOT, etc. for shaving off precious minutes in general and in particular when one or both of the roundabouts are clogged. Note each roundabout takes six or more traffic control folks to untangle, or attempt to untangle --realizing this is the key downside of roundabouts, I know as I lived in London for many years. If these two items safety items are the key objectives, this immediately brings up an option to all the work going on --simply create an access that allows 24/7 pedestrian access and emergency vehicle access during an emergency. You don't need a full -on roundabout on each side of 1-70 for this and it only takes two traffic control persons on each side of the interstate to halt traffic on the frontage roads when the underpass is to be used for vehicles. I frankly think you need to throw this option into the issue --even at this late date. Personally, this would be the option I would go for as I only see unintended consequences with the present plan, including having to deal with the roundabouts on a daily basis, when the real vehicle access need only arises during an emergency. > Timber Ridge Redevelopment: Most clear to me is the inability of our municipal government to carry on real give-and-take negotiations from the horseshoe. The solution? At the project's beginning allow our government to call for a middleman anytime during the process to act as "interpreter", quasi -arbitrator, etc.. Otherwise you will always give up too much in negotiations as the council members will continue to talk about needs in a project (which we all know about) vs. alternatives, options and middle grounds (i.e. solutions) --coupled with opposite party being able to see the splits and take advantage of them in their response. In short, use some of the well-established, cookbook how-to's, e.g. "Getting to Yes --Negotiating Agreement Without Giving In", from the Harvard Negotiation Project. There you have it, from a "back -bencher" using the English term. Regards, Paul Rondeau Tammy Nagel From: Will Roush <wroush @gmail.com> Sent: Wednesday, September 03, 2014 9:39 AM To: Council Dist List Subject: Well done! Dear Vail Town Council, Thanks so much for your support of Rep. Polis's wilderness bill. It's awesome to see local governments supporting conservation efforts like this. Being born and raised in central Colorado and growing up skiing, mtn. biking, climing and camping in the mountains between Vail, Aspen and Glenwood, I can't stress enough the importance of taking the long view and protecting new wilderness for all those that come to live here after us. Thanks again for your strong support of new wilderness! -Will Tammy Nagel From: Carole Onderdonk <conderdonk03l6 @gmail.com> Sent: Wednesday, September 03, 2014 6:55 AM To: Council Dist List Subject: Vote Well done on Wilderness Preservation! Carole Onderdonk 970 - 471 -9452 Tammy Nagel From: Annie Egan <anniesue @centurytel.net> Sent: Wednesday, September 03, 2014 6:47 AM To: Council Dist List Subject: Thanx for supporting wilderness! Thanx for setting an example for others in our valley who are in municipal government to step forward and support wilderness —one of the many great reasons why we live here! Annie Egan Tammy Nagel From: Robert Louthan <bob.louthan @comcast.net> Sent: Wednesday, September 03, 2014 6:06 AM To: Council Dist List Subject: Thanks Thanks for supporting the Wilderness Bill last night. Bob Louthan Vail Tammy Nagel From: Susie Kincade <susiek @whiteriverwild.org> Sent: Tuesday, September 02, 2014 10:24 PM To: Council Dist List Subject: Thank you for supporting Wilderness Dear Town Council, Thank you for your unanimous support of Resolution 22 tonight, and for your support of Rep. Polis's effort to protect our wild lands, water and air. Honestly, when given the directive at the last meeting to try to make progress in two weeks I was skeptical but everyone stepped up, especially the Eagle River Water and Sanitation District. I know that several of them cleared their calendars for a full day last week and today to come to the table and also take a field tour of the areas of their concern. Ultimately we are all working toward the same goals: to safeguard and support our community, its precious resources and economy. That common purpose prevailed and the playing field seems to have shifted enormously. We will continue to work together to find a way through that makes everyone feel comfortable and ultimately inspired about their part in taking care of the community's future. Again, much gratitude to you for acknowledging the progress that was made and for doing your part in supporting the common good. Special thanks for taking this vote on the eve of the 50th anniversary of the Wilderness Act! With respect and gratitude, Susie Susie Kincade Eagle County Wilderness Advocate 970 - 328 -5472 F�] This email is free from viruses and malware because avast! Antivirus protection is active. Tammy Nagel From: Christie Hochtl < chochtl @mountainmax.net> Sent: Friday, August 29, 2014 6:42 AM To: Council Dist List Subject: Proposed Wilderness /Bag fee Please support the proposed Spraddle Creek Wilderness! Please consider a disposable bag fee. Ft. Collins recently imposed a five cent fee beginning in April and Aspen has a twenty cent fee for paper bags. See The Denver Post 8/21/14 page 2 A Thank you, Christie and Karl Hochtl chochtl @mountain max. net 970 476 1125 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 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. 8/19/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 2014 ITEM/TOPIC: Town Manager's Report 8/19/2014 rnwH of vn' �Ii1 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 2014 ITEM/TOPIC: 1-70 Vail Underpass Update PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Confirm direction provided to staff and the design team on July 15th regarding changes to the 1-70 Vail Underpass design BACKGROUND: The 1-70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under I- 70. The project is currently under design with an aniticipated construction timeframe of 2016- 17. At the July 15th Town Council work session the design team provided a design update to the Council highlighting the changes to the 1-70 Underpass design since the endorsement of the preferred conceptual location on May 6th. The major change to the design was reducing the underpass skew resulting in shifting the proposed south roundabout approximately 100' to the west. Council has requested to see additional information regarding this shift. STAFF RECOMMENDATION: Staff and the design team recommends proceeding with the current 7 degree skew option and maintaining the previous direction of Council on July 15th. It is recognized that special attention must be taken when mitigating the aesthetics of the south Gore Creek wall and when analyzing mitigation for headlight glare. These design elements will be thoroughly vetted as we continue thru the design process. ATTACHMENTS: Memo Attachments 8/19/2014 0 TOWN OF VAIL � Memorandum To: Town Council From: Public Works Department Date: 8-19-14 Subject: 1-70 Vail Underpass Project Update: South Side of Interstate I. BACKGROUND & REVIEW The 1-70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1-70. This underpass has been identified in the Vail Transportation Master Plan (VTMP) and the CDOT 1-70 Programmatic Environmental Impact Statement (PETS) as a critical link between the North and South Frontage Road. The Town and CDOT have recently entered into a Letter of Commitment and an Inter -Governmental Agreement (IGA) to jointly fund the design and construction of this project with an expected completion date of December of 2017. CDOT, the Town of Vail, and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have begun the preliminary design process based on the recently endorsed preferred location of the underpass. For reference each of the past Town Council presentations and Council meeting video links along with additional project information is available at the project website at www.vailgov.com/underpass At the July 15th Town Council work session the design team provided a design update to the Council highlighting the changes to the 1-70 Underpass design since the endorsement of the preferred conceptual location on May 6th. The highlights included; • North Roundabout remained at the preferred west location, previously identified in May as "Compact Roundabout — Location 1" • North Roundabout increased in size slightly from 107.5' to 110' in diameter, the majority of the additional couple of feet was pushed towards the interstate. • South Roundabout moved approximately 100' to the west and decreased from 130' to 110' in diameter; this reduces the underpass skew from 27 degrees to 7 degrees, a desirable design consideration. The above changes provide safety and traffic operation improvements resulting in slower entrance vehicle speeds meeting the CDOT/FHWA roundabout design guidelines. The changes also allow all truck types to make all turning movements with the use of truck aprons within and outside of the roundabout. Although this initially was not felt to be a necessary criteria since large over the road semi -trailers do not generally travel along this stretch of Frontage Road; it is ultimately a beneficial design to be able 8/19/2014 to accommodate all trucks. In this way any errant trucks that may have ignored potential posted restrictions will not get stuck and potentially shut down the underpass. The changes also reduce bridge structure length, retaining wall square footage on the south side along Gore Creek, overall construction costs, and future maintenance costs when comparing it to the May concept layout. The new location also avoids the existing wetlands on the south side. After Council discussion at the July 15th work session, staff was directed to continue with the design as presented paying specific attention to the mitigation of impacts to adjacent neighbors, specifically looking at; • Minimizing the encroachment towards Savoy Villas at the flare of the westbound exit of the North roundabout • Mitigating the headlight impact to the residence to the south along the south roundabout • Mitigating and screening the aesthetics of the south roundabout Gore Creek walls from the residence to the south Since the July 15th Council meeting the design team has been moving forward with design with an anticipated preliminary design review plan set by mid September. Also since that time the Town has received specific comments from the owner of the residence directly to the south of the south roundabout and across Gore Creek. The comments are regarding the proximity of the currently proposed location to the residence and Gore Creek. II. DESIGN PROGRESSION As a result of the received comment letter from the resident to the south of Gore Creek, the Town Council requested additional information regarding the decision to change the underpass skew from 27 degrees to 7 degrees which resulted in moving the south roundabout 100 feet to the west, as previously discussed on July 15th. The following provides a design overview of roundabouts, outlines the summary of the design progression of this project, and provides the additional detailed information requested. Roundabout Design Overview The Town of Vail and CDOT are funding partners in this project and have contracted with FHU as the lead designer, a highly qualified and experienced design firm, specifically in transportation and roundabout design, and more notably has been involved in the Town's transportation planning since the early 1990's. As a part of FHU's design team there are many sub consultants who provide specialty resources. One of which is GHD, an engineering firm providing additional roundabout expertise to the design team. GHD has researched, reviewed and designed 500+ roundabouts and also recently acquired Ourston Roundabout Engineering, the design firm which designed both Main Vail and West Vail roundabouts, pioneering roundabouts throughout the United States today. With the expertise of both FHU and GHD, along with CDOT's and the Town of Vail's experience in roundabouts, a wealth of roundabout design expertise is available to us. In addition, as roundabouts have become somewhat Town of Vail 8/19/2014 Page 2 main stream in the transportation world, design guidelines have been developed and used for the past 14 years by the Federal Highway Administration (FHWA). The latest edition was just released in 2014 and is the design teams guiding document for the roundabout design, excerpts of which are attached. Vail has a history of being a leader in implementing successful roundabouts, to the extent that the Vail roundabouts have been studied, referenced, and documented for past and current roundabout guidelines published by the FHWA. The past Main Vail and West Vail roundabout projects relied on best engineering design practices nearly 20 years ago and have been very successful. The successful implementation of a roundabout is directly correlated to the recommended design guidelines and best design practice. Design Progression This projects design will continuously evolve as the project advances. The design process is a progressive iterative process in which more detailed design elements are analyzed as the design progresses through the process. The expectation is that with each iteration the design will be continuously refined until it is narrowed down to a final design that meets the project goals. Key points of the current design and decision process • October 2013 — February 2014: Design team, Council and the Community went through an extensive public process to identify the Goals of the project and verify that the location of the underpass should be at the "Simba Run" location. • March 2014 — April 2014: Design team, Council and the Community went through an extensive analysis of intersection configuration types both on the north and south sides based on operational analysis. The analysis included traditional and nontraditional "T" intersections with and without stop control on all legs, with and without bypass lanes, and full size, compact and mini roundabout configurations. • May 6, 2014: Design team, Council and the Community endorsed a conceptual underpass layout. • May 2014 — July 2014: Design team began preliminary design on the conceptual layout. Including analyzing and adjusting the size and location of the roundabouts to meet the design criteria set for the project based on the FHWA roundabout guidelines; (See below comparison table & attached excerpts from the 2014 FHWA roundabout design guidelines) o Vehicle Fastest Path (25mph), o Entrance speed (25mph), o Circulating speed (15mph), o Design vehicles: Buses, WB -50 (Beer truck),WB-67 (Interstate trucks) o Sight distance o Horizontal and Vertical curve criteria o Right of Way impacts o Environmental impacts o Bridge impacts Town of Vail 8/19/2014 Page 3 o Retaining wall impacts o Maintenance impacts 1-70 Vail Underpass Skew Comparison Criteria 27 Degree May 130 Ft. 7 Degree July 110 Ft. 27 Degree Aug 110 Ft. Comments Accommodates < 25 MPH Fastest Path NO YES YES Accommodates < 15 MPH Circulating Seed YES YES YES Accommodates Sight Distance TBD* YES TBD* *Additional Evaluation Required Accommodates Buses Without Use of Aprons YES YES YES Accommodates WB 50 Beer Truck YES" YES YES* *Requires Apron Accommodates WB 67 Interstate Truck NO YES NO Bridge Square Feet Unskewed 11240 9000 11240 May Accommodate Accelerated Bridge Construction ABC Bridge Square Feet Skewed 9450 N/A 9450 ABC Construction Problematic Requires 2 Span Structure With Pier, Future Widening Problematic Retaining Wall South Side of South Frontage Road Sq.Ft. 1200 Sq.Ft. 900 Sq.Ft. 4000 Sq. Ft. Order of magnitude approximations for comparison Retaining Wall South Side of South Frontage Road Height 14 Ft. 11 Ft. 17 Ft. Order of magnitude approximations for comparison Distance From Frontage Road to Nearest Residence 264 Ft. 253 Ft. 268 Ft. Right of Way Required on South Side Sq.Ft. NO NO 1200 Sq. Ft. ROW required from Vail Resorts Impacts Wetlands South Side of Frontage Road YES NO Minimal Requires Mitigation As a result both roundabouts were modified to the current 110' diameter, and the underpass skew was modified from 27 degrees to 7 degrees. The May 27 degree skew did not reasonably meet the vehicle fastest path criteria, required a multi span bridge, impacted wetlands, and did not accommodate any vehicle larger than a W13-50. Multiple iterations of design analysis were then completed on additional skews including; 18, 10, and 7 degrees. The final modification to a 7 degree skew resulted in the most optimized design that works with all design vehicles, and meets all safety, design, and operational criteria. The location of the north roundabout was set based on the ability to match the vertical grades of the north frontage road while accommodating the new underpass, maintaining access to the Savoy and Simba Run properties and minimizing impacts to the directly impacted properties. The location of the south roundabout was ultimately set at a 7 degree skew from the north roundabout; which minimized the structure lengths for 1-70 bridges, minimized retaining walls along the steep slopes, met all design criteria for Town of Vail 8/19/2014 Page 4 operations, minimized right of way and wetland impacts and worked within the geometric constraints. July 15, 2014: Design team presented the design changes to Council and was directed to continue to move forward with design, with direction to pay specific attention to the mitigation of adjacent properties and aesthetic impacts, as outlined above in the Background section. July 16, 2014 to Present: Design team has continued to develop the preliminary design plans for a mid September preliminary design review Detailed Additional Information As a result of the received comment letter from the resident to the south of Gore Creek, the Town Council has requested additional information regarding the decision to move the south roundabout 100 feet to the west (27 degree skew to 7 degree skew). The concerns raised include; The proposed location of the roundabout and retaining walls are now closer to Gore Creek. While the currently proposed location of the south roundabout will be -20' closer to Gore Creek in comparison to the location endorsed in May, it will still provide -60' of buffer between the closest point and the Creek. It will also eliminate impacts to the existing wetlands, whereas the May location would have had some impacts to the wetlands. (See attached exhibit) The proposed location will require larger retaining walls than any other location due to the steep grades between the South Frontage Road and Gore Creek. When comparing the currently proposed location to the May location, the retaining walls along Gore Creek will actually be less (see comparison table above). If compared to other iterations completed previously it may in some instances have more square footage of wall, however these previous iterations had similar design flaws to the May 27 degree location. The retaining walls will need to be made larger to stop headlight pollution from vehicles and large trucks. This headlight glare issue is the same for all recently analyzed locations. The headlight glare may be mitigated by utilizing the required pedestrian railing to screen headlight glare. This railing will need to be placed at the back of the proposed sidewalk and may provide an opportunity for Art in Public Places. The steep slopes between the proposed retaining wall and Gore Creek will make it more difficult to screen the retaining walls. The grades are steep; however there is a relatively less steep benched area closer to the creek where we should be able to plant landscaping to break up and screen the aesthetics of the proposed wall. (See attached example photo of the snowcat access road wall that has been screened on steep slopes, and photo of existing steep slope at location of south roundabout). This will also provide an opportunity to restore the riparian area in this stretch of streambank. This location will lower the South Frontage Road to its lowest point at a location that is directly perpendicular to a residential home across the creek thereby increasing the vehicular noise from the South Frontage Road. All of the options Town of Vail 8/19/2014 Page 5 will lower the South Frontage Road by approximately the same amount. Any noise generated will be modeled as a part of the on-going Environmental analysis. This will include a review of the background noise that currently exists from Interstate 70, which will likely govern the noise levels. This location is directly perpendicular and closer to the existing home and EHU. This location is closer and perpendicular to the existing home, the attached exhibit compares the May location vs. the current location. It shows that the new location will be 253' from the residence while the May version was 264'. While the proposed location is closer to the residence by 11', it is also arguably now further outside of the apparent view corridors of the main home which views are predominately to the east and west. This is not the case for the existing Employee Housing Unit (EHU) above the garage on the north side of the home; it has views directly north towards the roundabout. However there is a strong linear stand of evergreens that exists along the homes driveway and property line screening the view of the location of the roundabout. III. SUMMARY Since the endorsement of the 1-70 Vail Underpass conceptual layout this past May, the design team has begun preliminary design and has made necessary adjustments to the conceptual layout in order for the project to meet the FHWA roundabout design guidelines, best design practices, and current design standards. The resulting changes shifted the south roundabout 100 feet to the west and reduced the size of the south roundabout from 130' to 110'. These changes resulted in the following when comparing it to the May 27 degree concept; • The 7 degree skewed preliminary design now meets the FHWA roundabout design guideline for vehicle fastest path, allowing for slower vehicle entrance into the roundabout and circulating speeds. This is a critical design element for safety for vehicles, bicyclists, and pedestrians as well as roundabout operations (see attached FHWA roundabout guidelines excerpts) • Eliminates the need for a multi -span bridge along 1-70; this will reduce construction schedule and cost, lifelong future maintenance, and provides better aesthetics by eliminating the need for an additional bridge pier within the underpass. (See attached photo examples of single and multi -span bridges) • Eliminates/minimizes the impacts to the existing wetlands • Reduces the retaining wall square footage along Gore Creek as compared to the endorsed May concept (See table above) • Provides adequate turning movement area for all trucks, minimizing the concern that a large truck may get stuck and block/shutdown the underpass at times. It should be noted that the largest trucks are accommodated by truck aprons along the inside and outside of the roundabout, allowing large truck allowing the true roundabout diameter to remain compact at 110'. • Provides similar impacts with regard to headlight glare, Frontage Road elevation and noise as it relates to the neighboring south property across the creek • Arguably moves the roundabout further away from the major view corridors of the neighboring home across the creek, since the roundabout will be due north of the home which predominately has east and west views Town of Vail 8/19/2014 Page 6 • Does move the roundabout to a location due north of the home which may be viewed from the EHU through the existing stand of evergreens. • Does move the South Frontage Roads closest point from 264' to 253' away from the home across the creek • Does require the landscape mitigation of the Gore Creek wall to be on a steeper slope and/or on the lower bench. Based on a review of these major design elements staff, the design team and CDOT recommend proceeding with the current 7 degree skew option. It is also recognized that special attention must be taken when mitigating the aesthetics of the south Gore Creek wall and when analyzing mitigation for headlight glare. These design elements will be thoroughly vetted as we continue through the design process. The design process is a dynamic iterative process, and the project's design will continuously evolve and change. It is critical that the design team continues to have the flexibility to make necessary design changes that benefit the project and maintains the project goals. These design changes will continue through the iterative design process until the design is complete. The design team will also continue to provide updates as necessary and continue to provide the opportunity for stakeholder input on this project. Vail has a history of implementing successful roundabouts, it should be a commitment of the design team, Town Council, and the Community to not stray from best engineering practices to provide a safe, operational, maintainable, fiscally sound project; while at the same time maintaining the critical balance between project impacts to the community, adjacent properties, the environment, and the overall goals of the project. IV. NEXT STEPS The design team will continue to move forward in preliminary design and the environmental analysis through this fall. During preliminary design and the environmental analysis the design team will more thoroughly vet the design solution, including but not limited to; • Further refining the horizontal and vertical design layout as necessary, • Determining the best horizontal and vertical design location; finding the `best fit' with emphasis on reducing encroachment and impacts on private property, Gore Creek, and mitigating visual impacts. • Structural selection for bridges and retaining walls. Taking into account structural needs, impacts, aesthetics, and wall heights. • Project mitigation measures for adjacent properties and other sensitive areas such as wetlands and Gore Creek in close proximity to the proposed project related to environmental impacts, including Visibility, Noise, Aesthetics, Landscaping, Lighting, Air and Water Quality. • A 3D interactive rendering to be prepared and presented to the public at a future Town Council meeting and Open house this fall. This model will allow the public to visualize the underpass and how impacts may be mitigated. Town of Vail 8/19/2014 Page 7 V It is important to note that this design process is iterative, dynamic, and will continue to evolve as each design element and component is analyzed. The design team will analyze each design element in accordance with best engineering practices and required design standards to develop a final project that meets the projects goals and that will be safe and operational for years to come. As we continue through the process the design team will continue to update and receive input from the Town Council and the Community on the projects progress and any notable changes. PROJECT PROGRESS SCHEDULE It is critical to the success of this project and its completion by the end of 2017 that we stay on schedule. This project is complex and has numerous entities and stakeholders that need to complete a thorough review; the remaining 16-18 months of design and property acquisition may seem like a substantial amount of time now, however it is a highly compressed schedule at this point. As we continue through this collaborative process the following is a list of key design milestones and more formal public input opportunities anticipated to occur during the design process. As this process is dynamic these dates will fluctuate as the project develops; September 2014 Town Council Update (Preliminary Design Complete) September 2014 Open House October 2014 General Contractor Selected for Pre Construction Services October 2014 Town Council Update (Environmental Clearance Update) March 2015 Town Council Update (Final Design Complete) March 2015 Open House (Final Design) March 2015 -Jan. 2016 Right of Way plans and property acquisition process January 2016 Final Environmental Clearance (FHWA) March -April 2016 Construction Documents, Bid & Award, Open House May 2016 -Dec. 2017 Construction As the project progresses public input will be taken continuously through the project website at www.vailgov.com/underpass and through specific stakeholder meetings and correspondence. VI. STAFF RECOMMENDATION Based on a review of the these major design elements and current information the staff, design team, and CDOT recommend proceeding with the current 7 degree skew location and maintaining the previous direction of Council on July 15t". It is recognized that special attention must be taken when mitigating the aesthetics of the south Gore Creek wall and when analyzing mitigation for headlight glare. These design elements will be thoroughly vetted as we continue through the design process. Town of Vail 8/19/2014 VII. ATTACHMENTS July Preliminary Design Layout (7 Degree) May Conceptual Layout (27 Degree) overlay with July Design Layout (7 Degree) August Layout (Revised May option to meet fastest path criteria) Design Layout overlay and comparison of 3 above layouts South Roundabout cross section with July 7 Degree option Photos FHWA roundabout guidelines excerpts Town of Vail 8/19/2014 Page 9 EELSTUnderpassBURGH 1=70 Vail GHD Design - 7/3/2014 -- 7 0' 50' 100' 200'x-s�•-�=' Y ~ 4 - . -- A* ---------------- ,�'' '` Jam*' . �. �•"�, .�� 'r� �,�.a. �' •`"' ,- 8/19/2014 coLasaoo Trarw•portatip� - 6� TOWN OF VA ,yr� Vail Underpass eaf p.t—m.rFELS3URG TI -p. - HOLT 1=70 DO ULLEVIG TOWN OF VAIF: ■ Compact Roundabout #1 (May 2014) ■ Latest Design (July 2014) o' 50 1Q0! 200' .- . - _ i F :_ \ ti , \ YR✓ f - A • 1 " - h • kil `4jaOr i 1 Id 1 w y 3 00r ME r x T 4'9 re S . i E _ Fy s, s , --------------------- ------ -- ---- ---- — _ ..,ter - - ��• �� �� �� �� i�� �� � �- - zz:�. - # -_R rel ial.�� Ya?%`f,J r•_, :�. � ,l f i! • 1. __ - - .,. _ , ^t ; .�_ -- • ~,i- `� � .—�• ,":t'� � ff` y- a y' .. �!' t _ Y4el,as 71-1 ID If SCALE `" 170 at SIMBA RUN 27 DEGREE SKEW - ROUNDABOUT DESIGN 0 25 50 SHD,Inc., VAIL, COLORADO AUGUST 8 2014 5325 Wall Street, Suite 2305 f T 608 249 4545 F6082494402 EXHIBIT: E madison@ghd.com W-ghd.com Plot Date: $$.-ploningdate_$$ Flle Name: $$....designfile....$$ FELSBURC rHOLT & 1=70 Vail Underpass ULLEVIG COLORADO rx pQn — TOWN OF VAIL" August 270 skew July 70 skew May 270 skew 0 wetlands Aug. 13, 2014 / - it /Oz Ile z 4 S Approx. 1200 SF of ROW needed O R +. D ROC y' ILI � b � J �1�v is i i A F v f r r _ A _ nr Yt�►°' #� f � � :x.11' 4. ��� f - 200' .«sem r ,- y, �,,�, • � < ,�' 00 M r O W d (Y a M y PLAN e 8050 ,w ENCE 8150 8050 !A. kL 80001 ' 1 _ ' 8000 0+00 1*00 2+00 3.00 4.00 5.00 PROFILE Print Date: 7/31/2014 Sheet Revisions As Constructed I-70 VAIL UNDERPASS Project No./Code File Name: 19094DES—South Residence Exhibit 073114.dgn Date: Comments Init. CO�OrOdO Department Of Transportation RESIDENCE Horiz. Scale: 1:40 Vert. Scale: As Noted No Revisions: PROFILE VIEW STA -0702-327 Q ,� 714 Grand Avenue, P.O. Box 298 6300 South Syracuse way Q Eagle, CO 81631 Designer: Structure • Revised: 19094 FELSBURG Suite 600 Q 4 Phone: 970-328-6385 FAX: 970-328-2368 Detailer: Numbers H O L T & Centennial, CO 80111 ULLEVIG (303)721-1440 TOWN OF VAI! Region 3 MLM Void: Sheet Number Q g Sheet Subset: Subset Sheets: 7. r.i ti• i'^''4iM11[. i:. %i■ Ire ., 'r����� ;� .��G�����:�i . ��� ARM 0 -A, rill d.IMP Si!glmm& -'-;.��.-=-a-a.�.� .,;,,,,;c,.,�;f„ _n., ..._-=,�%r► ter;"".-�-- . a.. t._ Jia 1 1 ._s IT Z O'can La� 6 9 northAmerican. Principles and Objectives of Roundabout Design Excerpts from NCHRP Report 672, FHWA guidance Many jurisdictions are looking for alternative intersection control methods to improve safety and carry more traffic without widening roadways. Roundabouts are becoming more popular based on the multiple advantages to safety, operations, and aesthetics. However, as agencies become increasingly familiar with these types of intersections, it is important to understand both advantages and disadvantages. Safety Roundabouts have been demonstrated to be safer than other forms of at -grade intersections (1). The safety benefit is particularly notable for fatal and injury crashes. This section provides an overview of key safety issues; the reader is encouraged to refer to Chapter 5 for a more detailed discussion. The safety performance of a roundabout is a product of its design. At roundabouts, vehicles travel in the same direction, eliminating the right-angle and left -turn conflicts associated with traditional intersections. In addition, good roundabout design places a high priority on speed control. Speed control is provided by geometric features, not just by traffic control devices or by the impedance of other traffic. Because of this, speed control can be achieved at all times of day. If achieved by good design, in principle, lower vehicle speeds should provide the following safety benefits: ► Provide more time for entering drivers to judge, adjust speed for, and enter a gap in circulating traffic, allowing for safer merges; ► Reduce the size of sight triangles needed for users to see one another; ► Increase the likelihood of drivers yielding to pedestrians (compared to an uncontrolled crossing); ► Provide more time for all users to detect and correct for their mistakes or mistakes of others; ► Make crashes less frequent and less severe, including crashes involving pedestrians and bicyclists; and ► Make the intersection safer for novice users Traffic Calming Roundabouts can have traffic calming effects on streets by reducing vehicle speeds using geometric design rather than traffic control devices or traffic volume. Consequently, speed reduction can be realized at all times of day and on streets of any traffic volume. It is difficult for drivers to speed through an appropriately designed roundabout with raised channelization that forces vehicles to physically change direction. Example applications include using roundabouts at the transition from a rural, high-speed environment to a low -speed urban environment and to demarcate commercial uses from residential areas. Roundabouts have also been used successfully as gateway treatments at the interface between rural and urban areas where speed limits change or at freeway ramp terminals. In these applications, the traffic calming effect of roundabouts reduces traffic speeds and reinforces the 8/19/2014 notion of a significant change in the driving environment. These gateways also reduce unwanted vehicular intrusion into neighborhoods by providing a convenient U-turn location. As discussed in Chapter 5, relatively slow vehicle speeds and a reduced number of conflicts are two primary reasons that roundabouts are safer than most other intersection types. The slow speeds combined with well-defined crossings and splitter islands result in relatively high rates of motorists yielding to pedestrians at most roundabouts, making it easy for pedestrians to cross. Research has found that pedestrians often have very short waiting times to cross at roundabout crosswalks (3). Speed Management Achieving appropriate vehicular speeds for entering and traveling through the roundabouts is a critical design objective as it has profound impacts on safety of all users; it also makes roundabouts easier to use and more comfortable for pedestrians and bicyclists. A well-designed roundabout reduces vehicle speeds upon entry and achieves consistency in the relative speeds between conflicting traffic streams by requiring vehicles to negotiate the roundabout along a curved path. Exhibit 6.3 shows an example of a roundabout where the approach alignment and entry geometry manage speeds entering the roundabout. The operating speed of a roundabout is widely recognized as one of the most important attributes in terms of safety, performance (1). Although the frequency of crashes is most directly tied to volume, the severity of crashes is most directly tied to speed. Therefore, careful attention to the design speed of a roundabout is fundamental to attaining good safety performance (2). Maximum entering design speeds based on a theoretical fastest path of 20 to 25 mph (32 to 40 km/h) are recommended at single -lane roundabouts. At multilane roundabouts, maximum entering design speeds of 25 to 30 mph (40 to 48 km/h) are recommended based on a theoretical fastest path assuming vehicles ignore all lane lines. These speeds are influenced by a variety of factors, including the geometry of the roundabout and the operating speeds of the approaching roadways. As a result, speed management is often a combination of managing speeds at the roundabout itself and managing speeds on the approaching roadways. International studies have shown that reducing the vehicle path radius at the entry (i.e., deflecting the vehicle path) decreases the relative speed between entering and circulating vehicles and thus results in lower entering -circulating vehicle crash rates. However, reducing the vehicle path radius at multilane roundabouts can, if not well designed, create poor path alignment (path overlap), greater side friction between adjacent traffic streams, and a higher potential for sideswipe crashes (3). Therefore, care must be taken in design to promote drivers naturally maintaining their lane. Guidance on measuring vehicle fastest path speeds is provided in Section 6.7.1. In addition to achieving an appropriate design speed for the fastest movements, another important objective is to achieve consistent speeds for all movements. Along with overall reductions in speed, speed consistency can help to minimize the crash rate between conflicting streams of vehicles. This principle has two implications: ► The relative speeds between consecutive geometric elements should be minimized; and ► The relative speeds between conflicting streams should be minimized. The entry path radius, R1, is a measure of the deflection imposed on a vehicle prior to entering the roundabout. The ability of the roundabout to control speed at the entry is a proxy for determining the potential safety of the roundabout and whether drivers are likely to yield to circulating vehicles (9). 8/19/2014 Quotes in the margins: Roundabouts have been demonstrated to be safer for motor vehicles and pedestrians than other forms of at -grade intersections. Good roundabout designs encourage speed control. By reducing speeds, roundabouts complement other traffic calming measures. The most critical design objective is to maintain low and consistent speeds at the entry and through the roundabout. 8/19/2014 Roundabouts: An Informational Guide Exhibit 1-9 Roundabout Category Comparison Design characteristics of the three roundabout categories. 20 mph 5% 32 km/h Design Element Mini -Roundabout Single -Lane Roundabout Multilane Roundabout Desirable maximum entry 15 to 20 mph 20 to 25 mph 25 to 30 mph design speed (25 to 30 km/h) (30 to 40 km/h) (40 to 50 km/h) Maximum number of 105 to 150 ft (32 to 46 m) entering lanes per 1 1 2+ approach 150 to 220 ft (46 to 67 m) Typical inscribed circle 45 to 90 ft 90 to 180 ft 150 to 300 ft diameter (13 to 27 m) (27 to 55 m) (46 to 91 m) Central island treatment Fully traversable Raised (may have Raised (may have traversable apron) traversable apron) Typical daily service volumes on 4 -leg to roundabout below which Up to Up to approximately approximately may be expected to approximately 25,000 45,000 for two-lane operate without requiring a 15,000 roundabout detailed capacity analysis (veh/day)' `Operational analysis needed to verify upper limit for specific applications or for roundabouts with more than two lanes or four legs. 30 mph 40% 50 km/h NEU:] 40 mph 80% 65 km/h NEENNEW:= 50 mph 80 km/h 100% Chapter 5/Safety Exhibit 6-9 Typical Inscribed Circle Diameter Ranges Source: (13) Page 5-19 Exhibit 5-15 Chance of Pedestrian Death If Hit by a Motor Vehicle Roundabout Configuration Typical Design Vehicle Common Inscribed Circle Diameter Range' Mini -Roundabout SU -30 (SU -9) 45 to 90 ft (14 to 27 m) Single -Lane Roundabout B-40 (B-12) 90 to 150 ft (27 to 46 m) WB -50 (WB -15) 105 to 150 ft (32 to 46 m) WB -67 (WB -20) 130 to 180 ft (40 to 55 m) Multilane Roundabout (2 lanes) WB -50 (WB -15) 150 to 220 ft (46 to 67 m) WB -67 (WB -20) 165 to 220 ft (50 to 67 m) Multilane Roundabout (3 lanes) 8/191?,%!5o (WB -15) 200 to 250 ft (61 to 76 m) WB -67 (WB -20) 220 to 300 ft (67 to 91 m) ' Assumes 90° angles between entries and no more than four legs List of possible design vehicles is not all-inclusive. 3.5.4.2 Speeds and Path Alignment Achieving appropriate vehicular speeds through the roundabout is a critical design objective that may affect safety. A well-designed roundabout reduces the relative speeds between conflicting traffic streams by requiring vehicles to negoti- if Guide ate the roundabout along a curved path. Any conceptual design(s) prepared at the planning level should depict reasonable entry deflection for speed control. Detailed procedures for evaluating the fastest path speeds through a roundabout are provided in Chapter 6 and may be used to verify reasonableness. In addition to evaluating vehicle speeds, the design of a multilane roundabout should naturally align entering lanes into their appropriate lane within the circu- latory roadway and then to the appropriate lanes on the exit. If the alignment of one lane interferes or overlaps with that of an adjacent lane, the roundabout may not operate as safely or efficiently as possible. At the planning level, any concep- tual designs prepared should be visually evaluated for reasonable alignment of the entry lanes to the corresponding lanes within the circulatory roadway. Designing to achieve both speed reductions and adequate path alignment may require offsetting of the approach alignment to the left of the existing road- way centerlines or other techniques that could affect the space required for the roundabout. As such, when evaluating the space availability for a roundabout, w constraints along the approach roadways should also be identified. 8 o_ 3.5.4.3 Pedestrians In urban and suburban areas where pedestrians are expected, important design considerations include: • Minimizing the number of travel lanes to improve the simplicity and safety of roundabouts for pedestrians, • Designing for slow vehicle speeds, • Providing sidewalks that are set back from the circulatory roadway, • Providing well-defined and well -located crosswalks, and • Providing splitter islands with at least a width of 6 ft (1.8 m) at the crosswalks. Chapter 6 includes detailed information on providing these design considerations. 3.5.4.4 Bicyclists Safety and usability of roundabouts for bicyclists depends on the details of the roundabout design and special provisions for bicyclists. Since typical on -road bicyclist travel speeds are 12 to 20 mph (19 to 32 km/h), roundabouts that are designed to constrain the speeds of motor vehicles to similar values will minimize the relative speeds between bicyclists and motorists and thereby improve safety and usability for cyclists. Single -lane roundabouts are much simpler for cyclists than multilane roundabouts since they do not require cyclists to change lanes to make left -turn movements or otherwise select the appropriate lane for their direction of travel. Cyclists who have the knowledge and skills to ride effectively and safely on roadways can navigate low -speed single lane roundabouts without much difficulty. The primary design consideration for single -lane roundabouts is to terminate bicycle lanes prior to roundabouts and not include bicycle lanes on circulatory roadways. Chapter 3/Planning Page 3-29 Roundabouts: An Informational Guide Lutherville, Maryland 6.7 PERFORMANCE CHECKS Performance checks are a vital part of roundabout design. These checks help an engineer determine whether the design meets its performance objectives. 6.7.1 FASTEST PATH The fastest path allowed by the geometry determines the negotiation speed for that particular movement into, through, and exiting the roundabout. It is the smoothest, flattest path possible for a single vehicle, in the absence of other traffic and ignoring all lane markings. The fastest path is drawn for a vehicle traversing through the entry, around the central island, and out the relevant exit. The fastest paths must be drawn for all approaches and all movements, including left -turn movements (which generally represent the slowest of the fastest paths) and right -turn movements (which may be faster than the through movements at some roundabouts). Note that the fastest path methodology does not represent expected vehicle speeds, but rather theoretical attainable entry speeds for design purposes. Actual speeds can vary substantially based on vehicles suspension, individual driving abilities, and tolerance for gravitational forces. Exhibit 6-46 illustrates the five critical path radii that must be checked for each approach. Ri, the entry path radius, is the minimum radius on the fastest through path prior to the entrance line. RZ, the t irculating path radius, is the mini- mum radius on the fastest through path around the central island. R.,, the crit path radius, is the minimum radius on the fastest through path into the exit. R,, the left -turn path radius, is the minimum radius on the path of the conflicting left -turn movement. R3, the right -turn path radius, is the minimum radius on the fastest path of a right -turning vehicle. It is important to note that these vehicular path radii are not the same as the curb radii. The R, through R, radii measured in this procedure represent the vehicle centerline in its path through the roundabout. Information on constructing the fastest paths is provided in Section 6.7.1.1 Chapter 6/Geometric Design Page 6-53 Exhlbit 6-45 Mini -Roundabout with Right Tum Bypass Lane v 0 N W� Roundabouts; An Informational Guide Exhibit 6-46 Vehicle Path Radii Exhibit 6-47 Recommended Maximum Entry design Speeds Roundabout speed Is deter- mined by the fastest path allowed by the geometry. Through movements are usually the fastest path, but sometimes right -tam paths are more critical. Draw the fastest path for all roundabout approaches. Recommended maximum theoretical entry design speeds for roundabouts at various intersection site categories are provided in Exhibit 6-47. 6.7.1.1 Construction of Vehicle Paths To determine the speed of a roundabout, the fastest path allowed by the geometry is drawn. This is the smoothest, flattest path possible for a single vehi- cle, in the absence of other traffic and ignoring all Iane markings, traversing through the entry, around the central island, and out the exit. The design speed of the roundabout is determined from the smallest radius along the fastest allowable path. The smallest radius usually occurs on the circulatory roadway as the vehicle curves to the left around the central island. A vehicle is assumed to be 6 ft (2 m) wide and maintain a minimum clearance of 2 ft (0.5 m) from a roadway centerline or concrete curb and flush with a painted edge line (3). Thus the centerline of the vehicle path is drawn with the following distances to the particular geometric features: • 5 ft (1.5 m) from a concrete curb, • 5 ft (1.5 m) from a roadway centerline, and • 3 ft (1.0 m) from a painted edge line. Exhibit 648 and Exhibit 649 illustrate the construction of the fastest vehicle paths at a single -lane roundabout and at a multilane roundabout, respectively. Exhibit 6-50 provides an example of an approach at which the right -turn path is Page 6-54 Chapter 6/Geometric design v 0 N rn CO Recommended Maximum Site Category Theoretical Entry Design Speed Mini Roundabout 20 mph (30 kmih) Single Lane 25 mph (40 kmlh) Multilane 25 to 30 mph (40 to 50 kmih) 6.7.1.1 Construction of Vehicle Paths To determine the speed of a roundabout, the fastest path allowed by the geometry is drawn. This is the smoothest, flattest path possible for a single vehi- cle, in the absence of other traffic and ignoring all Iane markings, traversing through the entry, around the central island, and out the exit. The design speed of the roundabout is determined from the smallest radius along the fastest allowable path. The smallest radius usually occurs on the circulatory roadway as the vehicle curves to the left around the central island. A vehicle is assumed to be 6 ft (2 m) wide and maintain a minimum clearance of 2 ft (0.5 m) from a roadway centerline or concrete curb and flush with a painted edge line (3). Thus the centerline of the vehicle path is drawn with the following distances to the particular geometric features: • 5 ft (1.5 m) from a concrete curb, • 5 ft (1.5 m) from a roadway centerline, and • 3 ft (1.0 m) from a painted edge line. Exhibit 648 and Exhibit 649 illustrate the construction of the fastest vehicle paths at a single -lane roundabout and at a multilane roundabout, respectively. Exhibit 6-50 provides an example of an approach at which the right -turn path is Page 6-54 Chapter 6/Geometric design v 0 N rn CO Identify cv tN,t Roundabout t As Potential a HDesi n Option W xLU U H ZEvaluate Z Appropriateness Z Q J 6 V!_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ p Preliminary Detailed Capacity PerformanceAnal sis a Anai sis y W O 0 Initial Layout Adjustas Necessary WAdjustas Necessary O� W 4�� -- — — — — — — — — — — - Perform Safety Audit Check of Siggning, Striping, Safety Review Safety Lighting,and a Parameters of Final Landscape Plans Q GeometricPlan N 2 lu— a� t7 Signing, Ad ustas Z in Striping,Lighting, ki Landscaping,an Necessary Construction Roundabouts: An Informational Guide Operational Analysis (From Chapter 4) External Input (other technical studies, environmental documents, stakeholder and Identify Lane Numbers/Arrangements community input, etc.) Identify Initial Design Elements: • Size • Location • Alignment • Sidewalk and buffer widths • Crosswalk location and alignment Section 6.4: Single -Lane Roundabouts • Entry/exit design • Design vehicle accommodation • Circulating roadway and center island Section 6.5: Multilane Roundabouts • Path alignment • Avoiding exiting/circulating conflicts • Side-by-side design vehicles Section 6.7: Performance Checks • Fastest path • Natural path • Design vehicle • Sight distance and visibility Section 6.8: Design Details • Pedestrian design • Bicycle design • Vertical design • Curb, apron, and pavement design Section 6.6: Mini -Roundabouts • Distinguishing principles for mini -roundabouts • Design at 3 -leg intersections • Design at 4 -leg intersections I Iterate I Other Design Details Traffic control devices (Chapter 7) • Illumination (Chapter 8) • Landscaping (Chapter 9) • Construction issues (Chapter 10) Applications • Closely spaced roundabouts (Section 6.9) • Interchanges (Section 6.10) • Access management (Section 6.11) • Staging of improvements (Section 6.12) Chapter 6/Geometric Design Page 6-7 Exhibit 6-1 General Design Process 0 N co Tammy Nagel From: Sent: To: Attachments: Ladies and Gentlemen Robert Rosen <rrosen@greyhawke.com> Monday, August 18, 2014 11:09 AM Council Dist List Location 5C1Dl.pdf On Friday, August 15, 2014 at 6:14pm eastern time I received an email from the Town of Vail on the "1-70 Underpass Update To Vail Town Council On August 19". 1 went to the website and downloaded the Memorandum from the Public Works Department as well as the attachments thereto. The Memorandum is very detailed and it is impossible for us to comment on the memorandum or retain appropriate experts to comment on same with the short time frame between receiving the Memorandum and your meeting. What we can comment on is the fact that the Public Works Department did not locate the underpass or the roundabout in the location that we requested. The location where we would like the roundabout to be is location 5c1D1 on a plan prepared by the Public Works Department in the winter of this year except with the smaller roundabout that has already been approved for North Frontage Road. A copy of that plan is annexed to this email. All of the comparisons made in the Memorandum do not deal with the location we have requested. When you visit the Rosen home and Torres lot on fpm on August 19, 2014, please compare the location proposed by the Public Works Department to our proposed location. Please ask the Public Works Department to make the same comparisons that they have done in their Memorandum with the location that we would like. I believe you will find that our proposed location: 1. Will place the roundabout and retaining walls substantially further from Gore Creek than any other location. Has this issue been dealt with in an environmental impact statement? 2. Will require smaller retaining walls than any other potential location due to the smaller changes in grade. In particular, the combined height of the retaining walls should be significantly lower. 3. Will make it easier to screen the roundabout and South Frontage Road with trees due to the less severe elevation change. 4. Will not require South Frontage Road to be lowered directly perpendicular to the houses at end of Westhaven Lane. 5. Will not impact other residences as there are no other residences to the east of the proposed location. 6. Will not impact EverVail as it will be adjacent to EverVail and not take any of EverVail's property. 7. Will give better pedestrian access to EverVail as it will be closer to EverVail than the proposed location. I know that the location shown on the annexed plan is a possibility as the plan being forwarded with this email was originally prepared by the Public Works Department. We would appreciate the Town Council taking all of the above into consideration We thank you for your consideration. Sincerely Robert Rosen & Ignacio Torres �i T � F rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 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 8/19/2014 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; 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 ("Developer"); 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 execute the Agreement on behalf of the Town in substantially the same form as attached hereto, subject to the following contingencies: a. Approval by the Vail Local Housing Authority of the Ground Lease and Deed Restriction for the Timber Ridge property; b. Approval by the Vail Local Housing Authority of Developer's operating agreement; C. Approval by the Vail Local Housing Authority of any documents required by Developer's lender to be signed by the Vail Local Housing Authority for the Timber Ridge property; and d. Final approval by the Town Attorney. 1 811512014 *WWMA GEIDESKTOPS$ ITNA GEL IDESKTOPITIMBER RIDGE, DA-2.DOC INTRODUCED, PASSED AND ADOPTED this 19th day of August, 2014. Patty McKenney, Town Clerk Andrew P. Daly, Mayor 811512014 *WWMA GEIDESKTOPS$ ITNA GEL IDESKTOPITIMBER RIDGE, DA-2.DOC 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"), the Vail Local Housing Authority, a Colorado statutory housing authority (the "VLHA"), and Lion's Ridge Apartment Homes, LLC, a Colorado 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, to provide employee housing in the Vail, Colorado, area, the Town will convey the Property to the VLHA for the purposes described in this Agreement; WHEREAS, the VLHA has agreed to lease the Property to Developer for development ofthe Property for employee housing ("Development") pursuant to the ground lease between the VLHA and Developer (the "Ground Lease"); WHEREAS the Development is subject to a Deed Restriction for the benefit ofthe Town and the VLHA in the form attached to the Ground Lease as Exhibit B (the "Deed Restriction"); WHEREAS, the Town and Gorman & Company, Inc. 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, as well as certain ongoing matters related to the ownership and operation 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 all Parties. The Town, the VLHA and Developer shall grant to each other, for the benefit of the Property and 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, which is adjacent immediately to the west of the Property and owned by the Town (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. 2. Obligations of the Town. a. 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. 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC b. 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 Developer held by VLHA. 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. 3. 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. Developer agrees to pay all building permit fees associated with the Development within 5 business days after the Effective Date. 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 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, 2014, 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. f. 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. g. 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. 4. Obligations of the VLHA. The VLHA covenants and agrees as follows: a. The VLHA shall participate as a limited member of Developer for purposes of obtaining an exemption from ad valorem property taxes for the Property and the Improvements pursuant to C.R.S. § 29-4-227, subject to all terms and conditions of Developer's operating agreement as approved and executed by the VLHA. The VLHA agrees that it will, from the Effective Date through and including August 31, 2064, participate as a member of any future Colorado limited liability company that is an owner or tenant of the Property and the Improvements, so long as the 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC terms and conditions of the operating agreement of any such future Colorado limited liability company are substantially similar to the terms of Developer's operating agreement and such participation is permitted by law. b. While the VLHA is the owner of fee simple title to the Property and Developer has a loan on the Property, the VLHA shalljoin in any mortgage, deed of trust, or other security instrument required by any lender to Developer, for purposes of subjecting the VLHA's fee simple interest in the Property to the lien created by such instrument, at any time and from time to time after the Effective Date and through and including August 31, 2064, so long as the VLHA is legally permitted to join in such instrument. 5. 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: i. 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. ii. No work shall be commenced without all licenses, permits, and authorizations required by applicable law. iii. Developer shall have no right, authority or power to bind the VLHA or any interest of the VLHA 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 VLHA's interest in the Property liable for any lien or right of lien for any labor, materials or other charge or expense. iv. Developer shall not be considered the agent of the Town or the VLHA in the construction, erection or operation of any Improvements. b. If Developer fails to complete the Improvements as required by this Agreement, VLHA and the Town shall have the right, but not the obligation, to: complete the Improvements; restore the 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. 6. 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. 7. Term. This Agreement shall commence on the Effective Date, and shall terminate on August 31, 2064. 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC 8. Securitv for Completion of Improvements. a. 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, and the Town shall be named as an obligee under such bond. 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. b. Developer shall cause Gorman & Company, Inc. to agree, in writing, for the benefit of the Town and the VLHA, to complete construction of the Improvements in the event of a default by Developer's general contractor. 9. Insurance. Throughout the term of this Agreement, Developer shall maintain the following insurance, and certificates of such insurance shall be furnished to the Town and the VLHA within 30 days of the Effective Date 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 and the VLHA as additional insureds. 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, the VLHA or Developer from becoming a co-insurer of any partial loss. C. During the course of any construction or repair of Improvements, Builders' Risk Insurance. 10. 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 and the VLHA 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. 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC 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 or the VLHA, as appropriate, may, in their sole discretion and without waiving any other rights under this Agreement or available to the Town or the VLHA: 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 or Gorman & Company, Inc.; and iii. Cause the removal of any partially constructed Improvements and return of the Property to the condition it was prior to the commencement of construction, and recover the costs of such removal from Developer or Gorman & Company, Inc. C. In addition to the specific remedies set forth herein, the Town and the VLHA 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 VLHA may include lost rents. d. If the Town or the VLHA proceeds to complete the Improvements, Developer shall, at the request of the Party completing the Improvements, promptly deliver a copy of all of Developer's plans and specifications related to the Improvements. 11. 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, provided that Developer shall not have the remedy of specific performance against the Town. 12. VLHA Default and Remedies. a. The following is a VLHA default of this Agreement: if the VLHA fails perform any of its obligations under this Agreement and fails to remedy the same within 30 days after the VLHA 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 VLHA 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. 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC b. If a VLHA 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, provided that Developer shall not have the remedy of specific performance against the VLHA. 13. 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 The VLHA 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 14. Costs. Except as otherwise set forth herein, each Party shall be responsible for its own costs under this Agreement. 15. Modification. This Agreement may only be modified by subsequent written agreement ofthe Parties. 16. Integration. This Agreement and any attached exhibits constitute the entire agreement between Developer, the VLHA and the Town, superseding all prior oral or written communications. This Agreement shall supersede the Pre -Development Agreement between the Town and Gorman & Company, Inc. dated November 4, 2013. 17. Binding. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. 18. 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. 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC 19. 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. 20. Assignment. Developer may freely transfer or assign any of the rights and obligations of Developer under this Agreement without the prior written approval of the Town or the VLHA; provided, however, that Developer shall provide the Town and the VLHA with written notice of such transfer or assignment within thirty (30) days thereof. 21. Third Parties. There are no intended third -party beneficiaries to this Agreement. 22. 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. 23. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity that participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. 24. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement 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. 25. Recording. 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 benefits and obligations of the Parties under this Agreement shall run with the land, and shall be binding on, and enforceable by, any subsequent holder of an interest in the Improvements or in the Property. WHEREFORE, the Parties have executed this Agreement as of the Effective Date. ATTEST: VAIL LOCAL HOUSINGAUTHORITY, a Colorado statutory housing authority Steve Lindstrom, Chair 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC ATTEST: Patty McKenny, Town Clerk STATE OF ss. COUNTY OF TOWN OF VAIL, COLORADO Andy P. Daly, Mayor DEVELOPER: LION'S RIDGE APARTMENT HOMES, LLC BY GORMAN EMPLOYEE GROUP LION'S RIDGE, LLC, Manager BY GORMAN & COMPANY, INC., Manager BY Gary J. Gorman, President 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: (S E A L) Notary Public 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC 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. 811512014 8/19/2014 Q: I USERSI VAMTIMBER RIDGE-NEMAGRIDA-RDOC Tammy Nagel From: Daniel j Frederick <djfrederick@gmail.com> Sent: Thursday, August 21, 2014 7:20 AM To: Council Dist List Subject: Timber Ridge... For those of you who gave this developer a fat paycheck every month in perpetuity, I hope you will on the first of every month, think of the poor working stiff who has to figure out how they are going to come up with $1300 to pay for the bloated rent on a property that should cost them half of what they are paying. We give this developer free land and they manage to justify huge rents on a project that is nothing but a rich source of income for them. Your JOB is to figure out how to make this project affordable for the workers who live there. You obvious intent was to give this developer a rich source of income for 50 years, with no regard to the workers who have to make the payment. This resident is VERY disappointed in your actions or lack of concern for the worker who is paying for all of this giveaway. I ask, what does the rent for a 1 bedroom condo of theirs in Kansas City cost? I am sure it is not $1300 a month. You should be ashamed for your actions. I look for ward to applying for for my TAX FREE status going forward. Daniel Frederick, Vail Tammy Nagel From: B <b22rothvail@gmail.com> Sent: Tuesday, August 19, 2014 11:46 AM To: Council Dist List Subject: Timber Ridge Agenda Hello, I am unable to attend this evening's meeting, but just wanted to let you know my feeling regarding the Timber Ridge work, assuming what was stated in the Vail Daily is accurate. The resolution approved by the council in February seems fair. Now, it appears, the developer is trying to sweeten the pot for themselves. The February agreement was that the property would return to the town in 35 years. This is more than enough time for the developer to receive a nice return on investment. But, now they have a change of heart and desire an option to purchase the property for $5 million in the next 10 years. I would assume this means that the town would have zero ownership if the developer were to exercise that option. To me, that is a paltry sum for such prime real estate. Personally, I do not think the town should give them any option to own the land. This town will always need employee housing. Having it revert back to the town in 35 years makes perfect sense to me. It seems to me that developers always agree to something that they get the council to approve, only to come back months later, saying they can no longer live with the original agreement because it is no longer financially feasible for them. Maybe they should hire better accountants and finance team members ahead of time. Do not give up town ownership of Timber Ridge land now or ever. Do not change the 35 year time limit. Perhaps allow them a small amount of additional housing per building to help make up their perceived financial shortcoming. Thank you, Bryant Roth Town of Vail Resident and one time Timber Ridge renter Tammy Nagel From: Gwen Scalpello <gscalpello@attglobal.net> Sent: Tuesday, August 19, 2014 7:18 AM To: Greg Moffet; Council Dist List Subject: Re: Timber Ridge With all due respect, Greg, Council has a reputation for blowing in the winds of development money: Solaris, Four Seasons, Lionshead ... It's ignored zoning, it's ignored covenants and it's occasionally changed the message in order to accommodate developers and development projects it wanted. Witness Lionshead parking structure: once it was to be the primary parking for the conference center to be built on the charter bus lot, then it was falling down and had to be rebuilt when Open Hospitality / Hillwood Partners wanted to build a small city plus 2 hotels, then it was good enough to spend a lot of money to build a bus transportation center, rebuild the entry gates, etc. Unfortunately, this one gives away precious land and leaves the Town holding nothing that cannot be changed by future councils. This parcel is big enough to waive everything for this or a future developer, unlike individual parcels in the buy -down program. Gwen On 8/18/2014 9:19 AM, Greg Moffet wrote: Hi Gwen Good point, and we have looked at it that way. The value differential comes in the combined Housing Zoning and Deed Restriction. With that belt and suspender combination, this is NOT a development site for anything but employee housing, which greatly diminishes it's value (think the buy down program). I suppose a future Council could waive the Deed Restriction and change the zoning, but I suspect that that would only occur under very different and frankly very dire circumstances. In fairness this deal is FAR from perfect. FWIW I prefer the deal that was on the table when Rod, Kent and I left office in 2007, but I also want to be younger and better looking. Every thing we have seen the last several years has blown up trying to get the numbers to work. It appears that the Zoning/Deed Restriction combo reduce the value sufficiently that this is the deal we get (rather than the deal we want). Run the valuation as a workforce rental project and this is what you get. Greg Moffet From: Gwen Scalpello [gscalpello(�battglobal.net] Sent: Monday, August 18, 2014 7:25 AM To: Council Dist List Subject: Timber Ridge Dear Council Members, I wish to express my concern regarding the addition of Section 27, Option to Purchase, to the lease agreement on Timber Ridge. I recall several years ago stating to Council that, having just paid nearly $22 million to retain ownership of Timber Ridge for employee housing, it would be a shame if we were all in Council chambers 20 years hence discussing how to raise a similar or greater amount to retain that land for employee housing. I thought at the time Council agreed, and dropped from consideration the sale of the property to a developer. Now you have constructed a similar option with a lot less return on investment. If I have computed correctly, the value of the lease is $7.7M, or about $5M in 2024 money, the price for which you are willing to sell land for which we paid $10M. At the end of 10 years, the Town likely will not own the land and have received no more compensation than it would have under the 50 year lease, at the end of which it would still retain ownership of the land. No developer could fail to see that $1M per acre for land in walking distance to town is an excellent deal. I would expect other developers to queue up for the opportunity to acquire the second half of the property on the same terms. Then it becomes a very short putt to rezoning for residential / commercial development. I hope the Town has some alternate sites available for employee housing. I don't think it will own Timber Ridge for very long. Gwen Scalpello Tammy Nagel From: Daniel Frederick <djfrederick@gmail.com> Sent: Monday, August 18, 2014 8:37 AM To: Council Dist List Subject: Timber Ridge... And the units have been vacated, no rental income for months now. Why are we in this situation with this project. This should have been resolved long before the fencing went up. What is going on with this?? Sent from my iPad Tammy Nagel From: Gwen Scalpello <gscalpello@attglobal.net> Sent: Monday, August 18, 2014 7:26 AM To: Council Dist List Subject: Timber Ridge Dear Council Members, I wish to express my concern regarding the addition of Section 27, Option to Purchase, to the lease agreement on Timber Ridge. I recall several years ago stating to Council that, having just paid nearly $22 million to retain ownership of Timber Ridge for employee housing, it would be a shame if we were all in Council chambers 20 years hence discussing how to raise a similar or greater amount to retain that land for employee housing. I thought at the time Council agreed, and dropped from consideration the sale of the property to a developer. Now you have constructed a similar option with a lot less return on investment. If I have computed correctly, the value of the lease is $7.7M, or about $5M in 2024 money, the price for which you are willing to sell land for which we paid $10M. At the end of 10 years, the Town likely will not own the land and have received no more compensation than it would have under the 50 year lease, at the end of which it would still retain ownership of the land. No developer could fail to see that $1M per acre for land in walking distance to town is an excellent deal. I would expect other developers to queue up for the opportunity to acquire the second half of the property on the same terms. Then it becomes a very short putt to rezoning for residential/ commercial development. I hope the Town has some alternate sites available for employee housing. I don't think it will own Timber Ridge for very long. Gwen Scalpello Tammy Nagel From: Daniel Frederick <djfrederick@gmail.com> Sent: Sunday, August 17, 2014 6:03 PM To: Council Dist List Subject: Timber Ridge... The residents of Vail are given 7 days notice to hear about this. Really?? Dan Frederick Sent from my Wad Tammy Nagel From: Daniel Frederick <djfrederick@gmail.com> Sent: Sunday, August 17, 2014 5:37 PM To: Council Dist List Subject: Timber Ridge Modifications This sounds like a terrible deal for the residents of Vail. This is so far from what was agreed to that it should be reason to terminate this deal. Bad deal for for the people of Vail who have paid for this property. Don't do thisH Dan Frederick Sent from my Wad rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 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 to 2014 8/19/2014 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 convey the Timber Ridge property to the Vail Local Housing Authority (the "VLHA"), so that the VLHA can enter 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 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. 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. Upon the execution of the Development Agreement for the Timber Ridge property by all parties to the Development Agreement, the Town Council authorizes the Town Manager to execute the Deed Restriction in the final form approved by the Town Attorney. 1 q. 8/15/2014 IIVWS—STORAGEIDES�1�c���I7'NAGEL IDESKTOPITIMBER RIDGE GROUND LEASE-2.DOCX INTRODUCED, PASSED AND ADOPTED this 19th day of August, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenney, Town Clerk 8/15/2014 I1VWS-STORAGEIDESW1OA%I *NAGELIDESKTOPITIMBER RIDGE GROUND LEASE-2.DOCX GROUND LEASE This GROUND LEASE (the "Lease") is entered into as of August , 2014 (the Effective Date") by and between the Vail Local Housing Authority, a Colorado statutory housing authority (the "VLHA"), and Lion's Ridge Apartment Homes, LLC, a Colorado limited liability company ("Tenant") (each individually a "Party" and collectively the "Parties"). WHEREAS, the VLHA 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 allow for the redevelopment of the Property for employee housing; WHEREAS, to accomplish the redevelopment of the Property for employee housing, the VLHA will retain fee ownership of the Property, but the VLHA 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 VLHA, 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 VLHA, the Property together with all of the VLHA'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 August 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 VLHA 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 VLHA annual rent in the amounts set forth below. 811512014 $61QJ1RPA,#VAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX 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 August 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 VLHA, the Town of Vail and Tenant 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 VLHA. b. Tenant may, at its sole cost and expense, contest the validity or amount of any taxes imposed against the Property. 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. 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 VLHA. 2 811512014 $61QJ1RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX 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 VLHA makes no representations or warranties with respect to the condition of the Property or its fitness or availability for any particular use, and the VLHA shall not be liable to Tenant for any latent or patent defect on the Property. The VLHA 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 the Improvements. 9. Hazardous Materials. a. Though the VLHA has no actual knowledge of the presence of any hazardous materials or other adverse environmental conditions on the Property, the VLHA 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 VLHA, 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. b. Upon termination of this Lease, except as otherwise provided in Section 27, Tenant shall surrender to the VLHA, 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 VLHA shall have a right to inspect the Property on an annual basis to review the condition of the improvements. 3 811512014 $61QJ1RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX 12. Maintenance and Rebairs. 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. Such maintenance shall include all work necessary to maintain the Property in a first-class condition consistent with similar projects in the Town, including both interior and exterior repairs. 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 VLHA, the VLHA 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 VLHA 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 VLHA 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 VLHA 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 VLHA 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 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 VLHA harmless for the VLHA's own negligence or willful acts or omissions. 4 811512014 $61QJ1RPA I VAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX 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 VLHA and Tenant based on the then respective fair market values of the VLHA'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. 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 to the issuance of final certificates of occupancy for all units in the Improvements, and Tenant may not assign its rights hereunder if Tenant is in default of this Lease. 19. Subleasiniz. 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 VLHA's rights under this Lease and the Deed Restriction, and shall provide that upon a 5 811512014 $61Q/RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX termination of this Lease or of Tenant's right to possession of the Property such sublease, at the VLHA's option, shall continue in effect as a lease directly between the VLHA and the sublessee thereunder, provided that the sublessee attorns to the VLHA, the VLHA 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 VLHA, and the VLHA 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 VLHA upon request. 20. Tenant's Right to Encumber. a. Leasehold. Tenant may, at any time, without the VLHA'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 VLHA in the Property. b. Fee Simple. If any of Tenant's lenders requires the VLHA to subordinate its fee interest in the Property to the lender's mortgage, the VLHA shall approve such encumbrance provided that: at all times the Deed Restriction is first and prior to the mortgage; and the VLHA has a first and prior right to cure any deficiency to protect its fee interest in the Property. The VLHA 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 VLHA'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 VLHA 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 VLHA'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 VLHA 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. 22. Access. a. The VLHA shall have access to the Property at all times following reasonable prior notice to Tenant to inspect the Property, provided that the VLHA 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 6 811512014 $61QJ1RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX by this reference (the "Adjacent Property"). The VLHA 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 VLHA 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 VLHA may, without waiving any other rights hereunder or available to the VLHA at law or in equity (the VLHA'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 VLHA, 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. C. In addition to the specific remedies set forth herein, the VLHA 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. VLHA Default and Remedies. a. The following is a VLHA default of this Lease: if the VLHA 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 VLHA provides evidence to Tenant that the violation cannot 7 811512014 $61Q174PAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX 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 VLHA 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, provided that the remedy of specific performance shall not be available against the VLHA. 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 VLHA: 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 VLHA, 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 VLHA 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. 27. Option to Purchase. a. The VLHA 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 VLHA at any time following the Town of Vail'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 Option, the closing of such purchase shall occur on a date selected by Tenant not more than 90 days after Tenant has delivered the written notice exercising 8 811512014 $61Q/PAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX the Option. If Tenant has not delivered to the VLHA written notice of it exercise of the option by December 31, 2024, the Option shall terminate and be of no further force or effect. C. The purchase price to be paid by Tenant for the Property shall be the sum of $5 million. The VLHA shall, at closing, upon payment of the purchase price, convey the Property "as is" to Tenant by special 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 has consented in writing during the term of the Lease. Notwithstanding the foregoing, if Tenant has subordinated the VLHA'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 VLHA 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 VLHA shall, at its expense, cause the title insurance company to issue the title insurance policy at closing. d. In the event Tenant exercises the Option, the 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 VLHA, superseding all prior oral or written communications. C. Binding Effect. This Lease shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. 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. f. Third Parties. There are no intended third -party beneficiaries to this Lease. g. No Joint Venture. Notwithstanding any provision hereof, the VLHA shall never be a joint venture in any private entity or activity which participates in this Lease, and the VLHA shall never be liable or responsible for any debt or obligation of any participant in this Lease. 9 811512014 $61Q/pAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX h. Governmental Immunitv. The VLHA 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 VLHA or its officers, attorneys or employees. i. Time of the Essence. Time is of the essence for all provisions of this Lease. WHEREFORE, the Parties have executed this Lease on the Effective Date. ATTEST: STATE OF ss. COUNTY OF VAIL LOCAL HOUSING AUTHORITY TENANT LION'S RIDGE APARTMENT HOMES, LLC BY GORMAN EMPLOYEE GROUP LION'S RIDGE, LLC, Manager BY GORMAN & COMPANY, INC., Manager BY Gary J. Gorman, President 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 10 811512014 $61QJ1RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX 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 11 811512014 $61QJ1RPA I VAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX 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"), the Vail Local Housing Authority (the "VLHA"), a Colorado statutory housing authority, and Lion's Ridge Apartment Homes, LLC, a Colorado limited liability company ("Master Lessee") (individually a "Party" and collectively the "Parties"). WHEREAS, the VLHA 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 allow for the redevelopment of the Property for employee housing; and WHEREAS, the VLHA, as landlord, and Master Lessee as tenant, have entered into a Ground Lease for the Property dated August , 2014 (the "Ground Lease"). 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 12 811512014 $61WIRNAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX business. For example, if a person worked 60 hours per week for one half of the year at 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, the VLHA 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 13 811512014 $61WIRPYVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.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 14 811512014 $61WIRPYVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.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 without limitation 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 or the VLHA 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, the 15 811512014 $61QJ1RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX VLHA or a court of competent jurisdiction finds 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 on August 31, 2064. 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, neither the Town or the VLHA shall ever be in a joint venture with the Master Lessee, and neither the Town or the VLHA shall ever 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 or the VLHA to protect or indemnify Master Lessee against any losses attributable to the rental of a Restricted Unit, nor to require the Town or the VLHA to locate a Qualified Resident for any Restricted Unit. 18. Governmental Immunity. The Town, the VLHA 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, the VLHA or its officers, attorneys or employees. 16 811512014 $61QJ1RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.DOCX IN WITNESS WHEREOF, the Parties have executed this Deed Restriction on the Effective Date. ATTEST: Patty McKenny, Town Clerk ATTEST: STATE OF ss. COUNTY OF TOWN OF VAIL, COLORADO Stan Zemler, Town Manager VAIL LOCAL HOUSING AUTHORITY MASTER LESSEE LION'S RIDGE APARTMENT HOMES, LLC BY GORMAN EMPLOYEE GROUP LION'S RIDGE, LLC, Manager BY GORMAN & COMPANY, INC., Manager :• Gary J. Gorman, President 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 17 1. / 811512014 8 6 QJ14 �I VAIL RIDGE-NEWIAGkGROUND LEASE-VLHA-3.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 18 811512014 $61QJ1RPA I VAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX 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 19 811512014 $61Q/pAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.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 20 811512014 861Q/RPAA VAIL I TIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.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. 21 811512014 $61QJ1RPAAVAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.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 22 811512014 $61QJ1RPA,#VAILITIMBER RIDGE-NEWIAGkGROUND LEASE-VLHA-3.D0CX rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 2014 ITEM/TOPIC: Second 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 8/19/2014 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. 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, Ordinance No. 14, Series of 2014 8/19/2014 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. 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 Ordinance No. 14, Series of 2014 8/19/2014 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 daX of August, 2014 and a public hearing for second reading of this Ordinance set for the 19t day of August, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of August, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2014 8/19/2014 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 19, 2014 ITEM/TOPIC: Adjournment (estimated 8:10 p.m.) 8/19/2014