HomeMy WebLinkAbout2014-09-02 Agenda and Supporting 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., SEPTEMBER 2, 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) Contract Award for Bridge Railing Replacement
2) Contract Award for Vail Guardrail Repair
3) Resolution No. 23, Series of 2014 - Timber Ridge Easement (5 min. )
3. ITEM/TOPIC: Any Action as a Result of Executive Session (5 min. )
BACKGROUND: This agenda item has been added to the regular meeting
agenda in order to allow for any official action required as a result of the
executive session.
4. ITEM/TOPIC: Town Manager's Report:
1) South Frontage Road Traffic Improvements Update - George Ruther,
Director of Community Development
(15 min. )
5. ITEM/TOPIC: Booth Creek Park - park amenities discussion. The purpose
of this discussion is to present the recommended list of park amenities to be
included in the design of Booth Creek Park. (30 min.)
PRESENTER(S): Todd Oppenheimer, Public Works
ACTION REQUESTED OF COUNCIL: The Town Council is requested to
review the proposed list of park amenities for Booth Creek Park and accept
or modify and approve.
BACKGROUND: The Town Council last reviewed the proposed list of park
amenities for Booth Creek Park on August 5. A copy of the August 5
Memorandum to Town Council is attached. At that time the Council
expressed an interest in visiting the site prior to making a decision on the
park amenities. A site visit to Booth Creek Park has been scheduled for
September 2 just prior to the Council work session.
STAFF RECOMMENDATION: Staff recommends the Council approve the
suggested Design Program, as written or as modified, and direct staff to
prepare a Preliminary Design Concept for review by the community and
Council.
6. ITEM/TOPIC: Outdoor Patio in the Vicinity of 304 Bridge Street, Blu Cow
Cafe and Big Bear Bistrda/V&h4ission to Proceed (5 min.)
PRESENTER(S): Jonathan Spence, Community Development
ACTION REQUESTED OF COUNCIL: T h e Community Development
Department requests that the Town Council evaluate the proposal to utilize
Town of Vail property for the purposes of outdoor patios.
BACKGROUND: The Vail Village Design Considerations recognize outdoor
patios as a potential positive contributing factor in the creation of a strong
streetscape framework.
STAFF RECOMMENDATION: Staff recommends the Town Council direct
staff to sign the development application on behalf of the property owner and
permit the project to proceed through the development review process for
the proposed outdoor patios.
7. ITEM/TOPIC: 1-70 Chain Station Project Update (30 min)
PRESENTER(S): CDOT, Stolfus and Assoc.
ACTION REQUESTED OF COUNCIL: Listen to the project update and
provide feedback.
BACKGROUND: In the Fall of 2012, CDOT presented potential
improvements to the 1-70 Chain Stations. This is an update on progress to
date.
8. ITEM/TOPIC: 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. (15 min. )
PRESENTER(S): Courtney Krause, Polis Office Representative
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Resolution No. 22, Series of 2014.
BACKGROUND: In 2010, the Vail Town Council passed Resolution No. 21,
Series of 2010, expressing support for Congressional Wilderness
Designation of six areas on public lands surrounding or nearby the Town of
Vail. There is currently a proposal before Congress to designate additional
certain lands in the State of Colorado as components of the National
Wilderness Preservation System. Some of the Federal lands in the White
River National Forest, including several in the vicinity of Vail, are included in
this proposal. Those areas include Spraddle Creek and No Name.
9. ITEM/TOPIC: Resolution No. 24, 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. 24, 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. 9/2/2014
STAFF RECOMMENDATION: The Town staff recommends the Vail Town
Council approves the ground lease and deed restriction as presented.
10. ITEM/TOPIC: Adjournment (estimated 8:10 p.m.)
9/2/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: Citizen Participation
9/2/2014
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: Consent Agenda:
1) Contract Award for Bridge Railing Replacement
2) Contract Award for Vail Guardrail Repair
3) Resolution No. 23, Series of 2014 - Timber Ridge Easement
ATTACHMENTS:
Bridge Railing Replacement Contract Award Memorandum
Vail Guardrail Repair Contract Award Memorandum
Resolution No. 23 Series of 2014
9/2/2014
TOWN OF
Memorandum
To:
From:
Date:
Subject
IV.
Town Council
Public Works
08/27/14
Bridge Railing Replacement Contract Award
ITEM/TOPIC
Bridge Railing Replacement Contract Award
ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Mueller Construction to
complete the Bridge Railing Replacement project.
BACKGROUND
The project consists of removal of existing bridge rail and installation of new bridge rail
and approach rails on Main Gore Drive and Black Gore Drive over the Gore Creek in
east Vail to meet current crash rating standards. The existing bridge rails and approach
rails on Black Gore Drive were damaged at some unknown time over this past winter.
The Main Gore Drive bridge currently has no approach rails and the existing bridge rails
are deteriorated and do not meet current standards. Bids were received August 13,
2014 from Mueller Construction ($119,911.00), KECI Colorado Inc. ($139,060.00) and
Schofield Excavation Inc. ($203,415.00). This project is budgeted and scheduled to be
completed by November 15, 2014.
STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement with Mueller Construction to
complete the Bridge Railing Replacement Contract Award Project in the amount not to
exceed $119,911.00.
9/2/2014
TOWN OF
Memorandum
To:
From:
Date:
Subject
IV
Town Council
Public Works
08/27/14
Vail Guardrail Repair Contract Award
ITEM/TOPIC
Vail Guardrail Repair Contract Award
ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Ideal Fencing Corp. to
complete the Vail Guardrail Repair project.
BACKGROUND
The project consists of repairing and adjusting existing guardrail throughout the Town of
Vail. Bids were received August 27, 2014 from Ideal Fencing Corp. ($57,471.35) and
Adarand Constructors Inc. ($87,336.60). This project is budgeted and scheduled to be
completed by November 15, 2014.
STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement with Ideal Fencing Corp. to
complete the Vail Guardrail Repair Project in the amount not to exceed $57,471.35.
9/2/2014
RESOLUTION NO. 23
Series of 2014
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT AN
EASEMENT TO NEWPATH NETWORKS, LLC FOR THE CONSTRUCTION AND
OPERATION OF UTILITY FACILITIES; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under
the laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Town is the owner of certain real property generally described
as Lot 1, Timber Ridge Subdivision located at 1281 North Frontage Road in Vail,
Colorado, (the "Property"); and
WHEREAS, the Town wishes grant a utility easement to NewPath Networks,
LLC across the Property in the form attached hereto as Exhibit A (the "Easement").
NOW "THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Easement and authorizes the
Town Manager to execute the Easement on behalf of the Town in substantially the
same form as attached hereto as EXHIBIT A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
IN -PRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 2nd day of September, 2014.
Andrew P. Daly, Town Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 23, Series of 2014 9/2/2014
UTILITY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of
, 2014, by the Town of Vail, Colorado, a Colorado home rule municipality
(the "Town"), and ("Grantee").
WHEREAS, Grantee desires to acquire an easement for the purpose of the construction and
operation of utility facilities upon and beneath the surface of the property described in Exhibit A,
attached hereto and incorporated herein by this reference (the "Easement Property"); and
WHEREAS, the Town is willing to convey an easement to Grantee for the aforesaid purposes
on the terms and conditions set forth below.
NOW, THEREFORE, for and in consideration of the sum of ten dollars ($10) paid by
Grantee to the Town, the covenants of Grantee herein contained, and other good and valuable
consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties
to this Easement Agreement hereby covenant and agree as follows:
Section 1. Conveyance of Easement. The Town does hereby grant and convey unto
Grantee, it successors, assigns, lessees, licensees, and agents, an easement upon and beneath the
surface of the Easement Property for the operation of utility facilities. Grantee shall have the right of
ingress and egress, consistent with this Agreement, upon the Easement Property for the construction,
reconstruction, operation, maintenance and/or removal of the utility facilities.
Section 2. Construction and Maintenance of Utility Facilities. Grantee shall be solely
responsible for constructing and maintaining the utility facilities.
Section 3. Relocation. Within sixty (60) days of receipt of written notice from the Town,
Grantee shall relocate the utilities within the Easement Property at Grantee's sole cost and expense.
Section 4. Retained Rights. The Town shall have all rights to the Easement Property not
expressly granted hereby, including the construction of structure(s) over the Easement Property.
Section 5. Miscellaneous.
a. All provisions herein contained, including the benefits, burdens and
covenants, are intended to run with the land and shall be binding upon and inure to the
benefit of the respective successors and assigns of the parties hereto.
b. Grantee shall insure itself against liability, loss, or damages arising out of the
construction, existence, use, operation or maintenance of the utility facilities.
C. This Agreement constitutes all of the agreements, understandings, and
promises between the parties hereto with respect to the subject matter hereof.
d. The Town and its officers, attorneys and employees are relying on, and do not
waive or intend to waive by any provision of this Agreement, the monetary limitations or any
8/28//4
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9/2/201 &ILESICONTENT OUTLOOKII DFUND6KI UTILITY EASEMENT. DOC
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 and its
officers, attorneys or employees.
e. Grantee agrees to indemnify and hold harmless the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns from and against all
claims, liability, damages, losses, expenses and demands, including 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 Agreement if
such injury, loss, or damage is caused in whole or in part by, the act, omission, error,
professional error, mistake, negligence, or other fault of Grantee, any subcontractor of
Grantee, or any officer, employee, representative, or agent of Grantee, or which arise out of a
worker's compensation claim of any employee of Grantee or of any employee of any
subcontractor of Grantee.
f. There are no third -party beneficiaries to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their
respective duly authorized officers as of the date and year first above written.
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
ATTEST:
Patty McKenney, Town Clerk
GRANTEE
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was subscribed, sworn to, and acknowledged before me this
_ day of , 2014, by
My commission expires:
(S E A L)
Notary Public
8/28/14
C.• I USERSI TNAGEL IAyPPDATAWCAL I MICROSOFTI WINDOWYTEMPORARY INTERNET
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CROWN CASTLE USA INC., FAA 1A SURVEY
NAME: NODE 15
ADDRESS OF SITE: VAIL COLORADO, EAGLE COUNTY
SITE SURVEY PROJECT #: VAIL NODE SITES
DATE OF SURVEY: AUGUST 20, 2014
PROPOSED STRUCTURE: 40'h POLE STRUCTURE
EXISTING STRUCTURE: N/A
WIRE HEIGHT: N/A
I, CHRISTOPHER P. JULIANA, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE
STATE OF COLORADO, HEREBY STATE THAT THE FOLLOWING LATITUDE AND LONGITUDE
VALUES FOR THE CENTER OF THE ABOVE REFERENCED CELLULAR TOWER ARE ACCURATE
TO WITHIN 20 FEET f HORIZONTALLY AND THE FOLLOWING ANTENNA SITE ELEVATION IS
ACCURATE TO WITHIN 3 FEET f VERTICALLY:
HORIZONTAL REFERENCE DATUM: NAD 83
TOWER POSITION:
LATITUDE: N39.63954'
LONGITUDE: W106.40332'
VERTICAL REFERENCE DATUM: NAVD 88
GROUND ELEVATION AT BASE OF POLE ELEVATION=8097 FEET
CHRISTOPH
COLORADO
SURVEYOR
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 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.
9/2/2014
rnwH of vn' �Ii1
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: Town Manager's Report:
1) South Frontage Road Traffic Improvements Update - George Ruther, Director of
Community Development
ATTACHMENTS:
Update on South Frontage Road-VVMC
9/2/2014
TOWN D'F
0
VAIL
Memorandum
TO:
FROM:
DATE:
SUBJECT
Vail Town Council
George Ruther, Director of Community Development
September 2, 2014
Town Manager's Report - An update on the South Frontage Road Traffic
Improvements
PURPOSE
The purpose of this memorandum is to provide an update on the status of preliminary
discussions regarding potential South Frontage Road traffic improvements. As the
Town of Vail and the Vail Valley Medical Center actively pursue possible redevelopment
scenarios for their respective properties, off site impacts such as traffic improvements to
the South Frontage Road, must be considered. While no final decisions have been
made to date, a substantial amount of time and design effort has taken place to identify
potential options for Frontage Road improvements.
BACKGROUND
The Town of Vail, the Vail Valley Medical Center (VVMC), and to a lesser
degree, the Evergreen Lodge, are actively pursuing redevelopment scenarios for
their respective properties. With that in mind, a design team was formed. The
team includes representatives from the Town staff, VVMC, and the Evergreen,
along with consulting traffic engineers and designers. The team has been
meeting to identify options for South Frontage Road improvements. The
improvements are intended to facilitate the needs of redevelopment projects
within the area and to ensure safe and efficient traffic flow on South Frontage
Road.
It is clearly understood by all that due to the expected increases in traffic volumes
and the property owner's desire to reconfigure existing entrance and exit points,
improvements to the current South Frontage Road are needed. It is further
understood that the current design of the South Frontage Road in the vicinity of
the three properties will not accommodate future traffic demands and circulation.
A number of project givens were established to aid in the design of a preferred
traffic improvement solution for the South Frontage Road. Project givens
include:
9/2/2014
• Minimum Level of Service C, as contemplated by the Town's adopted
transportation master plan.
• Two, through -traffic lanes (eastbound/westbound) to accommodate
projected traffic volume (+/- 150' to 160' dia.)
• Must meet minimum CDOT design and access standards
• Right-in/Right-out traffic movements
• Minimize the amount of negative impacts to the adjacent property owners
• Design will accommodate semi -tractor trucks and trailers up to WB 67
• The design solution must be implementable over time
• Must address traffic volumes projected over the next 20 years
In total, the team has identified no fewer than ten options for consideration.
Those options range from full movement t -type intersections, to a horseshoe -
shaped turnaround ('/2 roundabout), to full circular roundabouts with access
points, and full circular roundabouts without access points. The team also
explored options that did not include a roundabout design option. As a result of
the team's efforts, a possible preferred option is beginning to take shape. Copies
of the various conceptual options and iterations have been attached for
reference.
The Vail Town Council will be charged with selecting a preferred solution. Once
determined, the preferred South Frontage Road traffic improvement will be
documented in amendments to Vail's Transportation Master Plan and the
Lionshead Redevelopment Master Plan. In addition, the recently submitted
Master Plan for the Vail Valley Medical Center references this ongoing Frontage
Road Improvement project. Through it's inclusion in the Town's various planning
documents, future applications for development review will be evaluated for
compliance with the recommendations of the plans. The more a development
application complies with the recommendations of Town's planning documents
and development objectives, the more likely it is to be approved by the Town's
Boards and Commissions.
III. NEXT STEPS
The process of determining a preferred option is far from over. A number of important
steps still remain. At this point, next steps include:
• Continue to refine and develop several of the design options for further study and
consideration
• Initiate a public review process to gain feedback and input from the public on the
possible options and solutions
• Develop a strategy for implementation of the improvements (i.e. sequencing of
construction, cost allocation, funding, CDOT review and approval, trigger points
for implementation, etc.)
• Amend the Vail Transportation Master Plan, Lionshead Redevelopment Master
Plan and adoption of the VVMC Master Plan
Town of Vail 9/2/2014 Page 2
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: Booth Creek Park - park amenities discussion. The purpose of this discussion
is to present the recommended list of park amenities to be included in the design of Booth
Creek Park.
PRESENTER(S): Todd Oppenheimer, Public Works
ACTION REQUESTED OF COUNCIL: The Town Council is requested to review the
proposed list of park amenities for Booth Creek Park and accept or modify and approve.
BACKGROUND: The Town Council last reviewed the proposed list of park amenities for
Booth Creek Park on August 5. A copy of the August 5 Memorandum to Town Council is
attached. At that time the Council expressed an interest in visiting the site prior to making a
decision on the park amenities. A site visit to Booth Creek Park has been scheduled for
September 2 just prior to the Council work session.
STAFF RECOMMENDATION: Staff recommends the Council approve the suggested Design
Program, as written or as modified, and direct staff to prepare a Preliminary Design Concept
for review by the community and Council.
ATTACHMENTS:
8/5/14 Memo to the Town Council
9/2/14 Memo to the Town Council
Booth Creek Park Power Point Presentation
9/2/2014
TOWN OF
Memorandum
To:
Vail Town Council
From:
Department of Public Works
Date:
August 5, 2014
Subject:
Booth Creek Park — selection of park amenities.
Introduction:
The purpose of this discussion is to present the recommended list of park amenities to be
included in the design of Booth Creek Park for the Town Council to review and accept or modify
and approve.
Background:
The first community planning meeting for Booth Creek Park was held on April 24, 2014, at the
Vail Mountain School. Approximately 35 people from the community were in attendance. Staff
presented the 5 Park Options which had been previously reviewed by the Council on April 1,
2014. Information from the April 24 community meeting was presented to the Town Council on
May 20, 2104. The issue of pickleball courts and associated noise problems dominated the
discussion. The Town Council requested the Town of Vail -Vail Recreation District
Subcommittee convene to discuss pickleball and the design of Booth Creek Park.
The Recreation Subcommittee convened on June 18, 2014, to discuss pickleball and the
possible features to be included in the design of Booth Creek Park. Several community
members were present and were allowed to address the Subcommittee in regard to their
opinions concerning the design of the park. During the discussion, members of the Vail
Recreation District (VRD) reiterated the District's statements concerning pickleball facilities
within Vail made at the June 17, 2014, Town Council session. The VRD intends to convert one
of the tennis courts at Golden Peak into 4 pickleball courts leaving one hard -surface tennis court
in place. Long term, the VRD will consider converting all Golden Peak courts to pickleball and
would utilize additional hard -surface tennis courts at Booth Creek Park. At this time, the 4
pickleball courts have been created at Golden Peak and are being heavily utilized.
TOV/VRD Subcommittee and Public Discussion:
The Subcommittee accepted the VRD recommendation to further develop pickleball courts at
Golden Peak and to exclude them from the Booth Creek Park design. Discussion regarding the
features to include on the park design included the following items:
• A natural playground
• Loop path with an investigation of the feasibility of a second bridge over Booth Creek
• A double tennis court
• Open turf grass
• Picnic facilities
• Restrooms
While the Recreation subcommittee did not prepare a specific recommendation for the Town
Council regarding the design of Booth Creek Park, the following statements summarize the
9/2/2014
input received and the discussion that has occurred to date through community meeting, emails
and public comment.
• There is a desire to retain much of the natural character of the site, especially the mature
trees. The existing vegetation creates a visual screen to 1-70 traffic although it does not
provide a significant noise barrier. The town should avoid over -developing the site with
too many amenities.
• Parking for this community park facility is required. The recommended number of
spaces to be provided will be based on a formula derived from the National Recreation
and Parks Association Standards. Parking would be allowed on -street, in parallel
spaces, as there is no Town Development Standard prohibiting it. Accommodations for
accessible parking spaces and routes must be included.
• Pedestrian walkways and paths should be a mixture of hard and soft surfaces. There is
some interest in interpretive natural trails within Tract B. The feasibility of a second
pedestrian bridge across Booth Creek has been evaluated, although support for this
amenity is limited. A second pedestrian bridge, approximately 190 feet upstream from
the existing culvert crossing, is feasible. The bridge will be required to be a minimum 65
feet in length to clear the 100 year floodplain. Construction of the bridge footings will
disturb a high quality riparian area and require the removal of approximately 8 mature
trees. A looped, paved pathway (utilizing the existing bike path) for kids on bikes,
scooters and rollerblades is desired.
• An area of open turf grass for a variety of park activities is desired. This traditional park
amenity can be a key element in the design that will be heavily used.
• The majority of comments favor bringing tennis back to the park. This is further
supported by the long-term goals of the VRD to provide hard -surface tennis facilities for
the community.
• The inclusion of a playground in the park seems to be a given. The existing structures
are noncompliant with current safety standards and have experienced some
deterioration due to insect damage. The majority of the discussion focused on the use
of natural materials and artist involvement. Additional comments received were in
reference to a need for park elements for youth who may not be interested in traditional
playground equipment. There was some interest in fitness/exercise equipment in
addition to playground equipment. These types of park amenities are becoming
increasing popular and are not currently represented in the town's park system.
• The majority of comments favor including a restroom in the park design. The
community -wide use of all the town's parks and the inclusion of a children's playground
make an accessible restroom a requirement. The design of the building should be
sensitive to the natural surroundings.
• Most comments favored the inclusion of a picnic facility in addition to a restroom. Picnic
tables can be located throughout the park area. A small picnic shelter would be heavily
used and an appreciated amenity.
• Other comments have included park amenities such as a sledding hill, half court
basketball, horseshoes, tetherball and a small lecture/amphitheater area that could be
used as an outdoor class room or small performance space. Keeping in mind the desire
to not over develop the site, some of these suggestions are probably not appropriate for
this park while others may be desired.
Suggested Design Program:
The list of desired amenities and other features of the park are referred to as the Design
Program. This is a suggested list based on the collective discussion and public comment that
has occurred as well as the design experience and knowledge of the staff assigned to the
project. The list is preliminary in that spatial requirements have not yet been assigned to the
different items on the list. The suggested Design Program for Booth Creek Park is as follows:
1. Natural areas
2. Parallel parking on Manns Ranch Road
Town of Vail 9/2/2014 Page 2
3. Looped paved path using the existing bike path. This will also be the accessible route
through the park
4. Soft surface pathways within the natural areas. Consider interpretive signage as
appropriate. Revisit a second pedestrian bridge based on outcome of feasibility study
5. Open turf grass area as a significant design element of the park
6. Double, hard -surface, post tensioned concrete tennis court
7. Playground with natural elements and artistic components
8. A limited number of fitness/exercise equipment sensitively placed throughout the park
9. Public restroom, 2 -stall, 3 season, accessible and sensitive to the natural setting
10. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks
throughout the park
11. Other small park amenities, such as horseshoes or tetherball, as may be accommodated
without over developing the site
Next Steps:
The Design Program as amended and approved by the Town Council will be used by staff to
develop a Preliminary Design Concept to be presented to the Council and community at a later
Council session. The Preliminary Design Concept will be posted to the town's website for
community review and consideration. A preliminary cost estimate will accompany the design
concept. Once the Preliminary Design Concept is approved by the Town Council, staff will
begin the process of applying for and obtaining approval by the Planning and Environmental
Commission and Design Review Board, as well as receiving a recommendation for a
playground artist from the Art in Public Places Board.
Budget:
Currently funds for the redevelopment of Booth Creek Park are included in the RETT Capital
Budget in 2014 and 2017 for a total amount of $2.45M. This amount represents sufficient
funding to design and construct any of the park amenities currently under consideration. The
majority of the park development funds are included in the 2017 budget. Timing of the funding
will be reviewed in the context of the 2015 budget and 5 year capital plan deliberation.
Recommendation:
Staff recommends the Council approve the suggested Design Program, as written or as
modified, and direct staff to prepare a Preliminary Design Concept for review by the community
and Council. Staff also requests direction from the Council in regard to what year to initiate the
redevelopment of Booth Creek Park.
Town of Vail 9/2/2014 Page 3
TOWN OF
Memorandum
To:
Vail Town Council
From:
Department of Public Works
Date:
September 2, 2014
Subject:
Booth Creek Park — selection of park amenities.
Introduction:
The purpose of this discussion is to present the recommended list of park amenities to be
included in the design of Booth Creek Park for the Town Council to review and accept or modify
and approve.
Background:
The Town Council last reviewed the proposed list of park amenities for Booth Creek Park on
August 5. A copy of the August 5 Memorandum to Town Council is attached. At that time the
Council expressed an interest in visiting the site prior to making a decision on the park
amenities. A site visit to Booth Creek Park has been scheduled for September 2 just prior to
the Council work session.
Suggested Design Program:
The list of desired amenities and other features of the park are referred to as the Design
Program. This is a suggested list based on the collective discussion and public comment that
has occurred as well as the design experience and knowledge of the staff assigned to the
project. The list is preliminary in that spatial requirements have not yet been assigned to the
different items on the list. The suggested Design Program for Booth Creek Park is as follows:
1. Natural areas
2. Parallel parking on Manns Ranch Road
3. Looped paved path using the existing bike path. This will also be the accessible route
through the park
4. Soft surface pathways within the natural areas. Consider interpretive signage as
appropriate.
5. A second pedestrian bridge approximately 200 feet upstream of the existing crossing
6. Open turf grass area as a significant design element of the park
7. Double, hard -surface, post tensioned concrete tennis court
8. Playground with natural elements and artistic components
9. A limited number of fitness/exercise equipment sensitively placed throughout the park
10. Public restroom, 2 -stall, 3 season, accessible and sensitive to the natural setting
11. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks
throughout the park
12. Other small park amenities, such as horseshoes or tetherball, as may be accommodated
without over developing the site
Next Steps:
The Design Program as amended and approved by the Town Council will be used by staff to
develop a Preliminary Design Concept to be presented to the Council and community at a later
Council session. The Preliminary Design Concept will be posted to the town's website for
9/2/2014
community review and consideration. A preliminary cost estimate will accompany the design
concept. Once the Preliminary Design Concept is approved by the Town Council, staff will
begin the process of applying for and obtaining approval by the Planning and Environmental
Commission and Design Review Board, as well as receiving a recommendation for a
playground artist from the Art in Public Places Board.
Budget:
Currently funds for the redevelopment of Booth Creek Park are included in the RETT Capital
Budget in 2014 and 2017 for a total amount of $2.45M. This amount represents sufficient
funding to design and construct any of the park amenities currently under consideration. The
majority of the park development funds are included in the 2017 budget. Timing of the funding
will be reviewed in the context of the 2015 budget and 5 year capital plan deliberation.
Recommendation:
Staff recommends the Council approve the suggested Design Program, as written or as
modified, and direct staff to prepare a Preliminary Design Concept for review by the community
and Council.
Town of Vail 9/2/2014 Page 2
Booth Creek Park Redevelopment
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9/2/2014
TOWN OF
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Action Requested:
Review the recommended list of park amenities to
be included in the design of Booth Creek Park for
and accept or modify and approve.
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Booth Creek Park Redevelopment
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Suggested Design Program for Booth Creek Park:
10 Items as Follows
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9/2/2014
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Open Turf Grass
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Other Small Park
Amenities
9/2/2014
TOWN OF VAIL
Booth Creek Park Redevelopment
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Action Requested:
Review the recommended list of park amenities to
be included in the design of Booth Creek Park for
and acceptor modify and approve.
9/2/2014 TOWN
O VAI L
Tammy Nagel
From: cpenwill @comcast.net
Sent: Thursday, October 02, 2014 8:27 AM
To: Mike Ortiz
Cc: Council Dist List
Subject: Pickleball (from Charlie Penwill: Vail Rec Director 1972 -76)
Dear Mike,
Gold Peak has always been at the center of active recreation in the Vail Valley. When we started the
Vail Rec. Dept in 1972 there wasn't much in the way of facilities or activities. Much of what we did
was at Gold Peak. The King of the Mountain Volleyball Tournament was first held on two sand courts
located where the Children's Ski school now stands. Bill Wright ran his tennis program on multiple
courts that have now given way to Ski Club Vail and parking. Where the Children's Ski School
nurseryslope now operates, just west of Northwoods, there was a small multi -use athletic field.
Various activities for children were offered here on a daily basis including gymnastics and tumbling,
soccer, and softball. Despite it's small size, the Red Lion Soccer Club played Denver clubs here on
Sunday afternoons and practiced two evenings a week. Henry Kissinger, President Ford's Secretary
of State, was taking an afternoon stroll around Mill Creek Circle one Sunday afternoon when the
Summer White House was located on Mill Creek Circle when he heard the cheering from the
soccer field and hurried over to see what was happening (he was an avid soccer fan) and became a
regular spectator when he was in town.
The famous /infamous Vail vs Aspen Sportsfest was held at Gold Peak, as much a party as a sports
event. Ben Krueger built an outdoor, lighted ice rink for ice hockey and skating on the soccer field.The
Rugby Club, started in 1973, was forced to play at Maloit Park until the Vail Athletic field was
approved and constructed. Originally that land was scheduled for development of another phase of
Northwoods. When an athletic field was proposed there was some concern about the noise (you
know about rugby players!). Three Vail Council members lived at the east end of the field, including
the Mayor: as I recall they all concurred that they would prefer to see and hear people having fun than
look at a condo building
and the project was approved. What an asset that has been.
The point of all of this is that, historically, Gold Peak has always been a center of recreational activity
in a community that above all else is a recreational community. Recreation is the life blood of Vail, and
history shows this. Now let me say why I think it's important that a Pickleball Center be established,
preferably at Gold Peak. Demographics are changing ... the over sixties are living longer, staying more
active, becoming more mobile and proving that, by and large, they are the wealthiest segment of the
population. They have time and money on their hands. they are looking for things to fill their time,
keep them active, have fun. Many played tennis, racquetball, squash, but now cannot due to knees,
hips , shoulders etc etc. What can they now do, besides walk and play golf, usually with a cart? Not
much! And then along came Pickleball. Wow! this was something they could play, whatever their
athletic ability,whatever their physical condition. Something they could look forward to playing well
into their old age. And what has happened? ... they have not just embraced it, they have become
addicted
to it!. They go where they can play,and if they can play it in Vail, this is where they will come .(A few
weeks ago a couple came to spend a few days in Vail: they had heard about the pickleball
program and would combine it with shopping, dining etc. Turns out they were U.S.National Age
Group Champions: he was 86 and she was 81, and they were good.They said they would be back
next summer, God willing!}
You already know about the numbers that played this summer at Gold Peak: it's only going to get
bigger.You also know that this is claimed to be the fastest growing sport in America. As a former
recreation professional (and former soccer, rugby, tennis and squash player, now pickle ball player)
know that the Vail Valley needs a pickle ball center to not miss the boat and I believe that Vail, with
it's nearby lodging,dining and shopping is the first choice. I also believe that Gold Peak is currently
the most logical and economic location, as recently presented.
Now, as to the noise issue. There always seems to be one or two people who object to changes that
benefit a great many. Gold Peak has always had recreation activity. People who choose to live in Vail
know it's a recreation community and chose it because it is.Similarly, people who live at Gold Peak
know that Gold Peak is a recreation center. Those seeking solitude as their priority probably go
somewhere else, away from 1 -70, the town buses, the concerts and athletic competitions. Pickle ball
is invariably played in the morning, not all day, and very, very infrequently in the evening.The noise
generated, minimal at worst, can be used by a few who want to see no change, even of the smallest
kind, in their environment, but don't mind it somewhere else. Well, if not Gold Peak, where else? Or
does Vail pass on the opportunity to embrace a recreational activity that is screaming out to be
embraced.?
I hope that Vail will pursue it's plan for Gold Peak, and not be deterred by the objections of a very
small minority.
Tammy Nagel
From: Todd Oppenheimer
Sent: Tuesday, September 30, 2014 8:12 AM
To: Council Dist List
Cc: Greg Hall; Mike Ortiz; Ibarnes @vailhomerentals.net
Subject: FW: Letter to Town Council
Attachments: Pickle Ball Letter TOV.doc; Pickle ball letter to TOV.docx
Good Morning,
Attached are 2 additional letters regarding the proposed pickle ball courts at Golden Peak.
Todd
From: Larry Barnes [ma i Ito: Ibarnes @vaiIhomerentals.net]
Sent: Monday, September 29, 2014 5:38 PM
To: Todd Oppenheimer
Subject: RE: Letter to Town Council
Todd,
I sent 2 more letters last week. Please find them attached.
Larry
From: Todd Oppenheimer [ mailto :TOppenheimer @vailgov.com]
Sent: Monday, September 29, 2014 4:06 PM
To: Council Dist List
Cc: 'Ibarnes @vailhomerentals.net'; Greg Hall; Mike Ortiz
Subject: FW: Letter to Town Council
Council Members,
Please see the attached letter from Mr. George Tyler, President of the All Seasons Condominium Association. Mr. Larry
Barnes asked that I forward this letter to you all. I have spoken with Mr. Tyler on the phone and he has spoken with
Mike Ortiz at my suggestion. Mr. Tyler has raised some concerns about the proposal from the VRD to convert all of
Golden Peak to pickle ball. The concerns raised are all very valid and should be addressed before making any decisions
regarding the Golden Peak courts. I have suggested to Mike Ortiz that we initiate a community dialog regarding the
tennis program and he has agreed. We will schedule a meeting as soon as practical. In the mean time, I am gathering
survey information on the area and have scheduled a meeting with Renner (leading tennis court company in CO) to start
putting together the costs.
Todd
From: Larry Barnes [ mai Ito: Ibarnes @vaiIhomerentals. net]
Sent: Monday, September 29, 2014 2:56 PM
To: Todd Oppenheimer; James Lamont
Subject: Letter to Town Council
Gentlemen,
George asked that I forward a copy of this letter to both of you.
Regards,
Larry Barnes
VAIL TRAILS EAST CONDOMINIUM ASSOCIATION
u1 Swift Gulch Rd. #203
PO Box 6520
Avon, CO 81620
September 25, 2014
Vail Town Council
75 S. Frontage Road
Vail, CO 81657
Ladies and Gentlemen:
Telephone (970)748 -5016
Facsimile: (970) 748 -6716
E -Mail: lbarnes@vailhomerentals.net
We have recently become aware that the Town of Vail and the Recreation District may have plans to convert the
tennis courts near the Vail Trails East Condominiums to pickle ball courts. I am writing on behalf of the Vail Trails East
Board of Managers and the Homeowners Association to express our strong opposition to this change.
It was distressing to find that one of the courts was converted to pickle ball without any notification to the neighbors
or input from the surrounding community.
We would like to make you aware that many of our homeowners use these courts on a regular basis. Furthermore, we
are not in favor of pickle ball courts. This has and will create a meaningful increase in noise and parking problems for
our condominium association. We have also noticed that there are no restroom facilities available for the users.
Please let us know in the future if there is any plan to alter the tennis courts in any fashion.
Regards,
Barb Bruecker
Vail Trails East Board President
bbruecker @aol.com
303 - 526 -5890
cc: Todd Oppenheimer
Jim Lamont
Vail Trails East Condominium Association is proudly managed by Vail Home Rentals, Inc.
VAIL TRAILS CHALET CONDOMINIUM
ASSOCIATION
iii Swift Gulch Rd. #203
PO Box 6520
Avon, CO 81620
September 25, 2014
Vail Town Council
75 S. Frontage Road
Vail, CO 81657
Ladies and Gentlemen:
Telephone (970)748 -5016
Facsimile: (970) 748 -6716
E -Mail: lbarnes@vailhomerentals.net
We have recently become aware that the Town of Vail and the Recreation District may have plans to
convert the tennis courts near the Vail Trails Chalet Condominiums to pickle ball courts. I am writing on
behalf of the Vail Trails Chalet Board of Managers and the Homeowners Association to express our
strong opposition to this change.
It was distressing to find that one of the courts was converted to pickle ball without any notification to
the neighbors or input from the surrounding community.
We would like to make you aware that many of our homeowners use these courts on a regular basis.
Furthermore, we are not in favor of pickle ball courts. This has and will create a meaningful increase in
noise and parking problems for our condominium association.
Please let us know in the future if there is any plan to alter the tennis courts in any fashion.
Regards,
David Reynolds
Vail Trails Chalet Board President
davidhreynolds @hotmail.com
Vail Trails Chalet Association is proudly managed by Vail Home Rentals, Inc.
Tammy Nagel
From: Todd Oppenheimer
Sent: Monday, September 29, 2014 4:06 PM
To: Council Dist List
Cc: 'Ibarnes @vailhomerentals.net'; Greg Hall; Mike Ortiz
Subject: FW: Letter to Town Council
Attachments: Pickle ball letter.doc
Council Members,
Please see the attached letter from Mr. George Tyler, President of the All Seasons Condominium Association. Mr. Larry
Barnes asked that I forward this letter to you all. I have spoken with Mr. Tyler on the phone and he has spoken with
Mike Ortiz at my suggestion. Mr. Tyler has raised some concerns about the proposal from the VRD to convert all of
Golden Peak to pickle ball. The concerns raised are all very valid and should be addressed before making any decisions
regarding the Golden Peak courts. I have suggested to Mike Ortiz that we initiate a community dialog regarding the
tennis program and he has agreed. We will schedule a meeting as soon as practical. In the mean time, I am gathering
survey information on the area and have scheduled a meeting with Renner (leading tennis court company in CO) to start
putting together the costs.
Todd
From: Larry Barnes [ma ilto :IbarnesPvailhomerenta Is. net]
Sent: Monday, September 29, 2014 2:56 PM
To: Todd Oppenheimer; James Lamont
Subject: Letter to Town Council
Gentlemen,
George asked that I forward a copy of this letter to both of you.
Regards,
Larry Barnes
ALL SEASONS CONDOMINIUM ASSOCIATION
u1 Swift Gulch Rd. #203
PO Box 6520
Avon, CO 81620
September 29, 2014
Vail Town Council
75 S. Frontage Road
Vail, CO 81657
Ladies and Gentlemen:
Telephone (970)748 -5016
Facsimile: (970) 748 -6716
E -Mail: lbarnes@vailhomerentals.net
We have recently become aware that the Town of Vail and the Recreation District may have plans to convert the
tennis courts near the All Seasons Condominiums to pickle ball courts. I am writing on behalf of the All Seasons Board
of Managers and the Homeowners Association to express our strong opposition to this change.
It was distressing to find that one of the courts was converted to pickle ball without any notification to the neighbors
or input from the surrounding community.
We would like to make you aware that many of our homeowners use these courts on a regular basis. Furthermore, we
are not in favor of pickle ball courts. This has and will create a meaningful increase in noise and parking problems for
our condominium association. The lack of sanitary facilities is also an area concern.
Please let us know in the future if there is any plan to alter the tennis courts in any fashion.
Regards,
George Tyler
All Seasons Board President
George @3rdEagle.com
All Seasons Condominium Association is proudly managed by Vail Home Rentals, Inc.
Tammy Nagel
From:
Brielle Stockton <brielles @comcast.net>
Sent:
Wednesday, September 03, 2014 2:05 PM
To:
Todd Oppenheimer
Cc:
Suzanne Silverthorn; Council Dist List; Greg Hall
Subject:
Re: Booth Creek Park - park elements
Hi Todd,
This is very exciting for our neighborhood. Thank you for everything you have done to help facilitate the
process, seek input, and keep us informed.
I have next Tuesday on the calendar.
Regards,
Brielle
On Sep 3, 2014, at 1:59 PM, Todd Oppenheimer <TOppenheimergvailgov.com> wrote:
Good morning,
I am very pleased to inform you that the Town Council approved the list of elements that are to be included in
the design of Booth Creek Park. This is a very important step in the process as it creates the basis for our park
design. The list of park elements approved by the Town Council includes the following items:
1. Natural areas
2. Parallel parking on Manns Ranch Road
3. Looped paved path using the existing bike path. This will also be the accessible route through the park
4. Open turf grass area as a significant design element of the park
5. Double, hard - surface, post tensioned concrete tennis court
6. Playground with natural elements and artistic components
7. A limited number of fitness /exercise equipment sensitively placed throughout the park
8. Public restroom, 2- stall, 3 season, accessible and sensitive to the natural setting
9. Picnic Shelter for 2 to 3 picnic tables with other picnic tables, benches and bike racks throughout the
park
10. Other small park amenities, such as horseshoes or tetherball, as may be accommodated without over
developing the site
As you can see the second pedestrian bridge and pathway through the natural area (Tract B) was not made
part of the plan by the Town Council. This is a great example of the power of the community voice used in a
positive and proactive way. Thank you all for speaking up.
Now that we have our list of park elements or "design program" (in landscape architecture terms) we can begin
to actually design the park. Following are the next 2 steps in the process:
Learn more about the park site. Using the topographic survey and walking the site, we'll identify the
important trees and shrub areas that we want to make sure we protect. We can mark these with flags
and tape and have the surveyor double check the survey data to ensure they are shown correctly. We
will also make sure other important site features (large boulders, wetlands, steep grades, etc.) are
shown correctly. Once the snow covers the ground in a couple of months this information will be
impossible to gather until spring. I would welcome your assistance on site to help with this step. I'm
setting aside next Tuesday afternoon at 4:30. Hopefully some of you will be off school (yes, kids also)
and work by then and can stop by. I'm sure I'll be out there until 6:00 or later.
2. Preliminary park design options. I will take the design program and the site information and begin work
on at least 2 options for configuring the park. This will take a few weeks for me to accomplish. When I
have them ready I'd like to have another community meeting and a Town Council discussion to work
out the necessary changes and arrive a final park concept that can be taken forward to the town's
approval process. Attention Kids! I would like to have your help with the playground design. Start
thinking about the kinds of things you would like to play on and with. I will figure out a way to get us
together in the near future.
So what started in the middle of April as a community meeting has become a solid design program for Booth
Creek Park. Congratulations to you all for sticking with the project and making this happen. Now we start the
fun part of the process of putting pencil to paper and figuring out how the park is going to look and
work. Thanks again for your participation and I will see you on Tuesday.
Todd Oppenheimer
Capital Project Manager /Landscape Architect
Department of Public Works
<image001.jpg>
970.479.2161
970 390.4678 cell
vailgov.com
va i I beave rcree k2015. co m
twitter.com /vailgov
Tammy Nagel
From:
AE <co81657 @gmail.com>
Sent:
Wednesday, September 03, 2014 11:14 AM
To:
Council Dist List
Subject:
Thank You All ref: BC Park
Good Morning,
Yes it is! I just wanted to express how impressed I was with the process of citizen input and Town Council
really taking the time to listen, observe, reflect and how sincere you all were about our concerns over our dear
Park. I especially found the on site tour very educational and informative for all. The interest you all showed
made those of us much more comfortable with the direction of this project and from what you all concluded, it
did make a difference. From the bottom of my heart, I truly thank you and realize the outcome will not always
be what each wants but having seen more closely what it takes to make these tough choices, you all should take
pride in what you do for us. Know that it is appreciated!
It also proved to be a good experience attending the meeting last night, it has been a while since I have been
there in person (have watched on TV sometimes). Leading up to our presentation, it was interesting the
"Fireworks" and various citizen input that you all so pleasantly sit through and are so good at not showing any
unfair emotion and let them have their say. It was a little uncomfortable to witness since some of it seemed
personal but it does add to my admiration for all of you, yes, each and everyone of you, it really impressed
me. Next time I have to vote, should any or all of you be willing to run again, my voting decisions will be
much harder.
Many thanks for the consideration each of you showed and that this turned out to be such a jointly positive
result. Now, we will have to show patience in getting our Park back to something we can enjoy and be proud
of.
Your neighbors,
Ann and Bill Eggers
Tammy Nagel
From:
Mike Kieler <mkieler80401 @gmail.com>
Sent:
Monday, September 01, 2014 8:52 AM
To:
Council Dist List
Cc:
John Gottlieb; Joe Rink; Charlie Penwill; Jeffery Wiles
Subject:
Booth Creek Park
In considering improvements to Booth Creek, I would strongly recommend including Pickleball lines on the tennis courts
to allow more and varied use of same. Pickleball has clearly moved into the mainstream and is being played by more and
more people of virtually all ages.
I believe the use of this park would be enhanced significantly if people were given this additional option. The existing
tennis nets can be used for PB by simply lowering them 2 inches.
Thank you for your consideration,
Mike
Mike Kieler
303 - 550 -9867
Mkieler80401 @gmail.com
rnwH of vn' �Ii1
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: Outdoor Patio in the Vicinity of 304 Bridge Street , Blu Cow Cafe and Big Bear
Bistro, Permission to Proceed
PRESENTER(S): Jonathan Spence, Community Development
ACTION REQUESTED OF COUNCIL: T h e Community Development Department requests
that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of
outdoor patios.
BACKGROUND: The Vail Village Design Considerations recognize outdoor patios as a
potential positive contributing factor in the creation of a strong streetscape framework.
STAFF RECOMMENDATION: Staff recommends the Town Council direct staff to sign the
development application on behalf of the property owner and permit the project to proceed
through the development review process for the proposed outdoor patios.
ATTACHMENTS:
Staff Report with Att.
9/2/2014
0) TOWN OF VAIL
Memarandum
TO: Vail Town Council
FROM: Community Development Department
DATE: September 2, 2014
SUBJECT: Outdoor Patio in the Vicinity of 304 Bridge Street, Blu Cow Cafe and Big Bear
Bistro, Permission to Proceed,
I. DESCRIPTOIN OF REQUEST
The owners of the Blu Cow Cafe and the Big Bear Bistro, located at 304 Bridge Street,
request permission to proceed through the Conditional Use Permit process for an Outdoor
Patio on Town of Vail property in the Commercial Core I (CC1) Zone District. The
applicants request permission to proceed through the Planning and Environmental
Commission and Design Review Board processes and, if approved, enter into revocable
permit agreements and lease agreements with the Town of Vail for outdoor patios. The
Vail Town Code refers to outdoor dining/seating as "Outdoor Patio" in reference to
permitted and conditional uses in the Commercial Core I (CC1) Zone District.
II. BACKGROUND
The Vail Village Design Considerations recognize outdoor patios as a potential positive
contributing factor in the creation of a strong streetscape framework. Per the Vail Village
Urban Design Guide Plan:
Dining decks and patios, when properly designed and sited, bring people to the
streets, opportunities to look and be looked at, and generally contribute to the
liveliness of a busy street, making a richer pedestrian experience than if those
streets were empty.
Because of the property line location in close proximity to the building, the applicants are
requesting the use of Town of Vail property for outdoor patios. Please refer to the aerial
plan included as Attachment A and a site plan included as Attachment B. The project is
anticipated to be seen by the Planning and Environmental Commission on September 22,
2014.
III. ACTION REQUESTED
The Community Development Department requests that the Town Council evaluate the
proposal to utilize Town of Vail property for the purposes of outdoor patios. This utilization
of Town of Vail property would be subject to the terms of a revocable ROW permit and
9/2/2014
lease agreement and could be discontinued and removed if required to do so.
The Community Development Department requests that the Vail Town Council instructs
Town Staff to either:
1. Sign the development application on behalf of the property owner and permit
the project to proceed through the development review process for the proposed
outdoor patios.
2. Deny the request to proceed and require the applicant to amend the plans prior
to review by the Planning and Environmental Commission and Design Review
Board to exclude any portions of the Town of Vail ROW.
What option does the Town Council wish to choose in regard to the proposed outdoor
patios in the vicinity of 304 Bridge Street?
IV. ATTACHMENTS
A. Aerial of area proposed for outdoor patios in the vicinity of 304 Bridge Street
B. Site plan showing property lines in relation to building
C. Photos
Town of Vail
9/2/2014
Page 2
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NO SCALE
FND. PIN a CAP
L.S. No. 23806
G.C.E.
A = (10°23'16") 10°33' 30"
R = 191.07'
L = (34.64') 35.21'
T=(17.37')
CH=(N22033'22"Wj (34.59')
FND. PIN a CAP
L.S. No. 23506
0' S 10' 20'
SCALE: 1 = 10,
NOTES:
L.C.E. UNIT C3
PLANTER ,
T�
cJ•
RUCKSACK CONDOMINIUMS
N 1701 a 3d'W, 1:00'
B�AALCONY OVERHANG
BASEMENT FOR RUCKSACK 572 8'02"W, t9.0d
cCONDOMINIUMS
fBOOK 269, RAGE 447 )
5`, y
i
S1701 1'3d'E, 1.00' ��� • \� W, +► 6
DEQ(
STAIRS
0 = 69043'00"
R = 12.00'
L = 14.60'
T=8.36'
CH = N6203e 30"W , 13.72'
- N�
L.C.E. R2 a R3
N G ; a^• AhLIL,
25%
L.C.E. PATIO
UNIT C3
16.1'(ARC)
_.
D. PIN & CAP
L. S. No. 23506 -
(1) Date of Survey: December 1983, December 1988 and December 1991
(2) Street Address: 304 Bridge Street
(3) Basis of Bearings is a line connecting the existing monuments marking the
centerline of Hanson Ranch Road Being N51026'E (see drawing)
(4) Monumentation as noted hereon.
(5) Elevations shown hereon are based on Upper Eagle Valley Sanitation District
as -built invert elevation for Manhole 12B.1 bei>hg 8169.9 feet
(6) As shown hereon, "G.C.E." indicates General Common Elements, as the same are
defined in the Condominium Declaration.
(7) As shown hereon, "L.C.E. Unit " indicates Limited Common Elements
appurtenant to a particular unit, as the same are defined in the Condominium
Declaration.
(8) Boundary dimensions shown in parenthesis are calculated.
41199 Highway 6 & 24, Eagle -Vail
Post Office Box 1230
Edwards, CO 81632
303-949-1406
r
G.C.E. w',
2.
1.21RADIAL )i
THE FIRST SUPPLEMENTAL MAP FOR
THE RED LION INN CON'00N*N']"UMS
LOTS E, F, G 8. H, BLOCK 5-A, \1AIL VILLAGE, ST FILING
BAY WINDOW
A = 145w&3N'�") 30*OrMS"
R = 45.00'
L = (35.72') 23.65'
T=(18.86')
CH = (N7404S 4eV (34.V)
)
TOWN OF VAIL, EAGLE COUNTY, COLORADO
`,/SET PIN N CAP
,YL.S. No. 16827
CERTIFICATE OF DEDICATION AND ONN'E'RB'ltlP CERTIFICATE OF DEDICATION FOR MORTGAGE HOLDER OR DEED OF TRUST HOLDER
Know all men by these presents that t,b W1> 'ftcercial Development Company, a Colorado Know all men by these presents that Commercial Federal Bank, a Federal Savings Bank
general partnership and Vencura, Ltd., a Delamre corporation, formerly known as Reta being the beneficiary of a deed of trust on that real property situated in the Town of
Serv. , Corp., a Delaware corporation, be>Tla9vtiowners in fee simple of all that real Vail, Eagle County, Colorado, described as follows:
property situated in the Town of Vail, 9"Ie'tounty, Colorado, described as follows:
1 Units Cl, C2, C3, and C4, The Red Lion Inn Condominiums, according to the condominium
Units Cl, C2, C3, C4, R1 and R2, The Red IMon Inn Condominiums, according to the map thereof recorded in Book 329 at Page 105, and as defined in the Condominium
condominium map thereof recorded in Book 329 at Page 105, and as defined in the Declaration recorded in Book 329 at Page 104 in the office of the Eagle County,
Condominium Declaration recorded in Book 329 at Page 104 in the office of the Eagle Colorado, Clerk and Recorder,
County, Colorado, Clerk and Recorder, contaftll"!ng 0.320 acres, more or less.
„ hereby consents to the provisions of this "The First Supplemental Map for The Red Lio�
��
do hereby submit this The First Supplemental Map for The Red Lion Inn Condominiums Inn Condominiums and the First Supplemental Declaration to Declaration of Covenants,
to the provisions of the Condominium Deelaratflon recorded in Book _ at Page _ and Conditions and Restrictions Establishing a Plan for Condominium Ownership of The Red
First Supplemental Declaration to Declaration of Covenants, Conditions and Restrictions Lion Inn Condominiums, Vail, Colorado recorded in Book 7515 at Page =0 .
Establishing a Plan for Condominium Owner"ip of The Red Lion Inn Condominiums Vail, /
Colorado recorded in Book _ at Page Executed this L���day of� �0 rk A� A.D., 1992.
Executed this 1 day of k.D., 1992. MORTGAGEE: Commercial Federal Bank,
a Federal Savings Bank
]LCA Ga i!epp... Atw.e4 i-S-te-40-r'r sHt -o7.cr
OWNERS: k Commercial Development Company,
Denver, CO 8 82
p dIoHWado general partnership
1"1'is Ruth Bellaire Street - Suite 106 By:
be"" CO 80 22 (Title) ,' r
U�
R Chard N. Brown, general partner
STATE OFA, ) K
�,Ty/ 4- )ss.
v"-, Ltd. a Delaware Corporation, formerly COUNTY OF
ktrllt ww4es Reta Serv. , Corp., a Delaware :
TRACT G Attest: Corpefttion The foregoing instrument was acknowledged before me this day of ..
100 Palrk Avenue A.D., 1992 by Ae d& _� as �% tIG- % �2,=_ D o
\Zb / �� vFIAFTH FILING
- D New Yotr) City, NY 10017 Commercial Federal Ba k, a Fede al Savings Hank.
L.C.E. UNIT C3 .
— My Commission expires: 1'
REAR PATIO ' ----- — B7' - - - --- —_XJ_���---
Lorraine C. Hysler, Secretary Oscar L. Tang, Pr siden Witness my hand and seal. /
STATE OF 611.444 aid)
Notary Public
lett)/ a')ss. Address:
COUNTY OF �E�t![9C'Z/ )
The foregoing instrdlaellt was aeft4t,11.11*10"Bl ore me this day of f r=d ,
BUILDING A.D., 1992 b Richard N. Brown as al pWtner of Landmark Commercial Deve�t «
OVERHANG Company, a Colorado general partnership.
6 My Commission expires: i4.2 id'
A. 9 Witness my hand and seal.
Public
Approximately s:
m. „ TITLE CERTIFICATE
FND. X IN 1.2 feet from
Land Title Guarantee Company does hereby certify that the title to all lands sh"n V"j
building to ) this final plat has been examined and is vested in:
Co. i
Landmark Commercial Development Company, a Colorado general partnership and Vencura;
e
property lin,
.•:�� Ltd., a Delaware corporation
3 A G.C.E. %A
The foregoing instrument was aclt'so+W'i� >il>)lEore me this /1�0% day ofebr�..z►'
� anii'�'tftat title to such lands is free and clear of all liens and encumbrances, excep
A.D., 1992 by Oscar L. Tang as President and Lorraine C. Hysler as Secreta y of as follows:
Big Bear Vencura, Ltd., a Delaware Corporation. Deej of rcG• Gtl'1UAr' aois 4evir t{3(,Akqe a
a. Sin'ftW% 4 ML. Febr"r*_,1997 0_9C9j Wj% wo• ILIs&
My Commission expires:
Bistro Witness -my ISIIBEL.Ant
9 iiNIARV PUBLIC, STATE OF WIN V K y
NO. 41-4824151 t Public Dated this day of 141r 1" A.D., 1992.
\ / 000FIED IN QUEENS CMINi11 Mdl s: 00
COMMISSION EXPIRES MARCH 30, 19%1 10h! Land Title Guarantee Company
BAY WIND e ' BOX 357
B I u Cow b\\ FND. PIN S CAP Vail, CO 81658
5 L.S. No. 23506
Cafe a By: u*, -
A 12' (Signature)
a
ra0 Prop a rty KannhkmN
•
s.
°,moo. (Print name and title)
Line
ZONING ADMINISTRATOR CERTIFICATE
Zai This condominiwft_ �minis hereby approved by the Town of Vail Zoning Administrator thi Qo � day ..Iq�Nnno " N . A.D., 1992.
Atte s ��```�
BASIS OF BEARING: J e
BOW WINDOWS G.C. E. '*, �f '�J� N 510 26'E 78.12'
2� O v6 FID. PIN 9 CAP
r® RY IN MONUMENT BOX
P.10/
L.S. No. 2568 Town 094 o ° Zoning Admi trat
6
i Town o1�%,,y� �do Town of Vai Col do
Z• �t AO 2' � �oi�UunuiuuUUO���
�T bG
CERTIFICATE OF TAXES PAID
��• SURVEYOR'S CERTIFICATE I, the undersigned, do hereby certify that the entire amount of taxes due and palt0
_
upon all parcels of real estate described on this
LL..S.. Ngo. 2 Os I do hereby certify that I as a regfst#red Il d Surveyor licensed under the laws of the condominium map are paid in full.
�� State of Colorado, that this condominti m tall' is true, correct and complete as laid out,
A = 716034 55 d, dedicated and shown hereon, that such condominium map was made from an Dated this day of A.D., 1992.
R = 12.00' Approximately 5 to survey of said property by me and v0der my supervision and correctly shows the
L = 16.04' ntal and vertical location and dimensions of the building containing the
inium units, the condominium units, parcels and easements of said condominium Treasurer of Eagle County, Colorado
T = 9.47 feet from building nd the parcel is staked upon the ground in compliance with applicable regulations
CH = S89043'28"RECORDED PLAT DO W 14.87' DIMENSION THIS CU ing the subdivision of land. .���������a„
to property line. ne. ,.•���i.
p p y ��o� SEs,
Hess thereof I have set my hand and seal this �r �r�r•A.D. CLERK AND RECORDER'S CERTIFICATE�•'�
1992. ��4;:•,r,Pt4 :O
a _ This condominium map was filed for record in the office of the Clerk and Recorder on
of 26599 this 13 day of c� A.D., 1992, at%V-7%o'clock PM. Recorded under
1.�./ Reception No. 44'111%40 in Book s� at Page 02('. ,,
NOTICE:
According to Colorado law you must commence any legal action based upon any defect
in this survey within three years after you first discover such defect. In no event,
9/2/2014 may any action based upon any defect in this survey be commenced more than ten years
from the date of the certificatifm shown hereon.
Stau 'lHogfeldt =zJ�~••.d!i�•••'J�,.'
Obleltdo P.L.S. 2l8 � ANQS�,,.•
1� Clerk and Recorder ,
Eagle Co t CloApdp
By:
.. 1� Deputy
SHEET
372.2
v
k.
b
lipp
91
4
rnwH of vn' �Ii1
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: 1-70 Chain Station Project Update
PRESENTER(S): CDOT, Stolfus and Assoc.
ACTION REQUESTED OF COUNCIL: Listen to the project update and provide feedback.
BACKGROUND: In the Fall of 2012, CDOT presented potential improvements to the 1-70
Chain Stations. This is an update on progress to date.
ATTACHMENTS:
I-70 Chain Station Project Update
9/2/2014
Memo
To:
Vail Town Council
From:
Michelle Hansen, PE
Date:
August 27, 2014
Re:
1-70 Vail Chain Station Improvements Project
Project Background
CDOT Region 3 conducted a study of the 1-70 Vail Pass Chain Stations in 2012. The study considered
alternatives for safety improvements to the chain stations on eastbound and westbound Interstate 70
through Vail. The improvements were proposed to address current deficiencies in the chain stations,
which include capacity issues, inadequate lighting and minimal separation between chain station
activities and 1-70 through traffic. Potential improvements were presented to the Town Council and
general public in Fall, 2012. Public input was incorporated in the evaluation of the alternatives and the
study was completed in April, 2013. The study included a summary of alternatives considered and
recommendations for implementing improvements over time, as funding becomes available.
Following the Vail Chain Station Improvements Study, CDOT applied for funding from the Responsible
Acceleration of Maintenance and Partnerships (RAMP) program for a project that incorporated several
of the highest priority improvements identified in the study, as described below:
• Extend the existing chain station located at MP 178 approximately 1500' west to address
capacity and safety issues resulting from chain station overflow into the 1-70 through lanes.
• Upgrade the chain station lighting to the most current chain station light standard at the
existing chain station to improve visibility for truck drivers and the traveling public when the
chain law is in effect and to reduce the amount of light pollution for neighboring properties.
The Vail Chain Station Improvement project was selected by the RAMP program, providing
approximately $4.5 million in RAMP funding for design and construction.
Project Summary
CDOT has recently begun the design process for the project. Data collection is complete and preliminary
design development is in process. Figure 1 on the next page illustrates the location and limits of the
project. The project will extend the existing chain station approximately 1500' west, providing an
additional 15 parking spaces. Eastbound 1-70 will be widened requiring a wall between 1-70 and the
frontage road, as shown in the section in Figure 2. We are currently evaluating options for the width of
the chain station and the associated wall height for each option.
In addition, the existing chain station lighting, pictured in Figure 3, will be replaced with the most
current chain station light standard, pictured in Figure 4. A memo from Clanton & Associates, the
lighting consultant for the project, describes the lighting in more detail and is attached for your
information.
9/2/2014
Figure 3 — Existing Vail Chain Station Light
Timeline
Figure 4 —New Chain Station Light Standard
The project is scheduled for advertisement in May, 2015. A Public Open House is planned for October in
Vail. The project team would appreciate any recommendations from the Town Staff and Town Council
for engaging the public in this project.
9/2/2014
N
N
O
-BEGIN WALL
I
PROPOSED CHAIN STATION 4` WESTBOUND
ADDITIONAL 15 SPACES EXISTING CHAIN STATION
24 SPACES
_jF.A$TBOUND
COLORADO
Department of
Transportation
APPROXIMATE
S FRONTAGE ROAD E
END OF WALL -
404 All40w
REPLACE EXISTING
-CHAIN STATION LIGHTINGAM
#
VAIL GOLF CLUB
VAIL CHAIN STATION IMPROVEMENTS PROJECT
FIGURE 1 -PROJECT LIMITS
FIGURE 2 CHAIN STATION CROSS-SECTION
EXISTING EASTBOUND 1-70
N
N
0
EXISTING FRONTAGE ROAD
CHAIN STATION
LIGHT
GUARDRAIL
NALL\
------------------------
-------------------
----------
i
EXISTING FRONTAGE ROAD
CHAIN STATION
LIGHT
GUARDRAIL
NALL\
------------------------
CLANT • CIATES
1W
LIGHTING DESIGN AND ENGINEERING
1-70 Vail Chain Up Station General Memo
Introduction
Clanton and Associates, Inc. (C&A) is an award-winning design firm that specializes in
sustainable lighting design. The firm has been committed to environmentally sensitive design for
over 32 years. C&A employs 12 full time people including three registered engineers, four senior
designers. Five design staff members are LEED Accredited Professionals. Founded in 1981,
C&A has participated in over 3000 design projects of all types and sizes. The firm's diverse
portfolio of work includes: interior and exterior lighting design projects, the development of local,
and national lighting criteria.
The firm has successfully designed exterior lighting systems to illuminate roadways, parking
areas, bridges, pedestrian malls, architecture, town squares, landscape features, and art. With a
design process that focuses on creating nighttime environments of the highest quality,
unwanted glare, light pollution, and light trespass are minimized. Firm members participate in
the research and development of new lighting standards and apply the most current visibility
criteria to each planning or design project. By aligning projects with future technology and
ongoing research, C&A provides beautifully integrated design solutions which save energy, are
easier to maintain, and provide exemplary visibility.
Existing Chain Up Lighting Issues
The existing chain up lighting does not adequately light the roadside face of the truck. The tilted
luminaire lights the top of the truck, instead of its side. This is a safety concern since the
truckers cannot "see" their tires, and motorists cannot detect the truckers standing near the
traveled way. This is aggravated with loss of contrast due to the falling snow. In addition, the
outbound luminaire is tilted back towards adjacent neighborhoods which creates annoying light
trespass. Refer to Figure 1 for an illustration of the conditions.
Proposed Chain Up Lighting Intent
The intent of the proposed chain up station lighting system is to provide vertical illumination on
each side of the truck to aid in the task of putting on tire chains and for motorists to "see" the
activity in inclement weather. It is also the intent to minimize light trespass onto adjacent
neighborhoods by providing low glare and fully shielded luminaires, using Light Emitting Diode
(LED) technology.
The proposed lighting system is typical to the rest of the 1-70 mountain corridor where the mast
arm cantilevers further over the truck in order to provide vertical illumination on the truck face.
The longer arm allows the travelled way side luminaire to be fully shielded and aimed towards
the ground.
Photometric optics are designed to provide quality lighting for the truckers' chain installation task
and highlights them for motorists' awareness. The low glare luminaires produce a soft warm
white light resulting in minimal light trespass onto neighboring properties.
4699 Nautilus Court South, Suite 102, Boulder, CO 80301 Tel 303-530-7229 Fax 303-530-7227
9/2/2014
1-70 Chain Up Station
August 25, 2014
Page 2
TBD
�
�
MAST ARMY
r�
rG3
LED
LED
n
Luminaire
Luminaire
513-71900
LIGHT VAST AAM
Pole
'
c13-3�3s9
TBD
+ir
n
LIGHT STANDARD METAL (35 FOOT)
134
GUARD RAIL
TRANSFORMER BAS[ CONCRETE 'ICHT STANDARD FOUNDATION. TDP
513�199I9 DF FDUNDA-FON SHA -L aE 5" ABOVE
LIGHT STANDARD FOUNDATION ADJACENT ASPrMAL` SURFACE.
7'-Q" FROM EDGE OF OIL M
Figure 1: Existing Chain Up Station Figure 2: Proposed Chain Up Station Light
Light Standard Assembly Detail Standard Assembly Detail
4699 Nautilus Court South, Suite 102, Boulder, CO 80301 Tel 303-530-7229 Fax 303-530-7227
9/2/2014
rowH Of Mit:
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: 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.
PRESENTER(S): Courtney Krause, Polis Office Representative
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Resolution No. 22, Series of 2014.
BACKGROUND: In 2010, the Vail Town Council passed Resolution No. 21, Series of 2010,
expressing support for Congressional Wilderness Designation of six areas on public lands
surrounding or nearby the Town of Vail. There is currently a proposal before Congress to
designate additional certain lands in the State of Colorado as components of the National
Wilderness Preservation System. Some of the Federal lands in the White River National
Forest, including several in the vicinity of Vail, are included in this proposal. Those
areas include Spraddle Creek and No Name.
ATTACHMENTS:
082814 Polis Correspondence
Rocky Mountain Recreation and Wilderness Preservation Act Background
Significant Legislation and Map Changes Eagle County
Rocky Mountain Wilderness and Recreation Preservation Act
ERWSD Correspondence 082614
Resolution No. 22, Series of 2014
9/2/2014
JARED POLIS
2ND DISTRICT, COLORADO
1433 LONGWORTH HOUSE OFFICE BUILDING
WASHINGTON, DC 20515-0502
1202)225-2161
(202)226-7840(FAx)
website and email:
htLp://polis.house.gov
Vail Town Council
75 S. Frontage Road
Vail, CO 81657
Dear Council Members:
IMElnttgress of #4evnifrb -*fttfes
�nu,�p of ��r�,�rnttttiue,�
August 28, 2014
PARLIAMENTARIAN OF THE WHIP
COMMITTEE ON
EDUCATION AND THE WORKFORCE
SUBCOMMITTEES:
EARLY CHILDHOOD, ELEMENTARY,
AND SECONDARY EDUCATION
HEALTH, EMPLOYMENT, LABOR,
AND PENSIONS
COMMITTEE ON RULES
STEERING AND POLICY
I am writing to respond to the Eagle County Water and Sanitation District's letter of August 26, 2014.
The District's clarification of its earlier letter was very helpful. I am pleased that we all agree that Eagle
County's existing Wilderness Areas produce high quantity and quality water, that wilderness designation
is a management strategy aimed at protecting watersheds, and that we have been responsive to the
District's requests for changes to boundaries.
My staff had a productive meeting with the District's staff on August 26, 2014, and we have provided the
District with additional information regarding its concerns regarding the potential for the use of
mechanized equipment under the Wilderness Act. The reason wilderness is effective in protecting
watershed qualities is that federal land protected by the Wilderness Act is "protected and managed so as
to preserve its natural conditions." Where natural conditions have been negatively impacted by human
influence, watershed improvements may be employed to restore watersheds to prevent a serious threat or
loss of wilderness watershed values. Such improvements may also be appropriate where natural
conditions present a definite hazard to life or property, or where such conditions could cause serious
depreciation of important environmental qualities outside of the wilderness.
Section 4(c) of the Wilderness Act expressly recognizes that motorized equipment may be necessary to
meet the minimum requirements for the administration of a wilderness area (including measures required
in emergencies involving the health and safety of persons within the area). As a result, motorized
equipment not only can be permitted in any emergency or to access and maintain water infrastructure, but
also can be permitted to carry out watershed improvements when and where it is determined to be
necessary based on an analysis of the minimum tools that are reasonable to carry out the project.
These principles are part of current wilderness management law and policy, and the federal agencies have
employed them in a variety of circumstances in Wilderness around the country. I think we all agree that
the use of motorized equipment in Wilderness is—and should be—the rare exception, but it can—and has
been—employed where appropriate and necessary. We have been very careful in crafting our proposed
areas and boundaries through consultation with experts in land, water, and fire management to avoid areas
in need of active management. The exception is the proposed Potential Wilderness in the Red Sandstone
Creek Watershed, which has been tailored to provide for significant watershed improvement projects to
fully restore the existing human impacts that exist there prior to its ultimate designation as Wilderness.
The unique language proposed by the District to amend the Rocky Mountain Recreation and Wilderness
9/2/2014
PRINTED ON RECYCLED PAPER
Preservation Act has not been passed in a wilderness bill. I am concerned that the inclusion of the
District's proposed language would make passage of this bill nearly impossible.
With a cooperative spirit, I am confident that the situation in Tombstone, Arizona, will not be replicated
here. Unlike the Tombstone, Arizona, the District does not have any water infrastructure in the proposed
Spraddlc Creek Wilderness addition. Moreover, although the Forest Service has, in fact, authorized
motorized access and maintenance for water infrastructure around Tombstone within existing wilderness,
the unique factual and legal issues, along with Tombstone's unilateral and confrontational approach
(including its uniformly unsuccessful litigation), has unduly complicated and delayed the approval
process there.
Again, I appreciate the District's clarification of its position on H.R. 5311 and its willingness to work
with me to improve and protect Vail's watersheds and water quality. I am committed to continue those
efforts in cooperation with the City and the District.
Sincerely,
J ed Polis
ember o ongress
9/2/2014
Rocky Mountain Recreation and Wilderness Preservation Act
Background Information
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
Short Title: Rocky Mountain Recreation and Wilderness Preservation Act
Table of Contents:
Sec. 1. Short title; table of contents.
Sec. 2. Colorado wilderness additions.
Sec. 3. Tenmile Recreation Management Area, White River National Forest.
Sec. 4. Porcupine Gulch Protection Area, White River National Forest.
SEC. 2. COLORADO WILDERNESS ADDITIONS.
Background
This section amends the 1993 Colorado Wilderness Act to designate additional areas in the
White River National Forest in Eagle and Summit Counties. These areas have been proposed for
wilderness because they are roadless, scenic, and provide opportunities for solitude. In addition
these are the few areas in Eagle and Summit Counties that remain roadless and have experienced
minimal human development and disturbances. These proposed wilderness areas also provide
important habitat for wildlife such as bighorn sheep, mountain goats, songbirds, mule deer, small
mammals, elk, moose, Canada lynx, white-tailed ptarmigan, and black bears. Wilderness will
protect these important landscape characteristics and wildlife habitat, while preserving
backcountry recreation opportunities like hiking, fishing, horseback riding, snowshoeing,
climbing, skiing, camping, and hunting.
Management
These wilderness areas will be managed in accordance with the 1993 Colorado Wilderness Act.
The 1993 Colorado Wilderness Act includes language that provides for: (1) valid existing rights;
(2) public filing of maps and descriptions; (3) continuance of activities outside the wilderness;
(4) state fish and wildlife responsibilities; and (5) grazing. In addition to the provisions included
in the 1993 Colorado Wilderness Act, this section:
Allows the U.S. Forest Service to take any measure necessary to control fire, insects, and
diseases subject to appropriate terms and conditions;
Includes enhanced grazing language; and
Does not affect activities occurring outside the proposed wilderness areas.
Wilderness Additions
This section adds areas that are adjacent to existing wilderness areas in the White River
National Forest but are not yet designated as wilderness. Specifically, this section adds:
Ute Pass, Acorn Creek and Ptarmigan A areas to the Ptarmigan Peak Wilderness in
Summit County;
No Name area to the Holy Cross Wilderness in Eagle County; and
Freeman Creek and Spraddle Creek areas to the Eagles Nest Wilderness in Eagle
County.
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This section also creates new wilderness designations in the White River National Forest.
This section would create:
Hoosier Ridge Wilderness in Summit County;
Tenmile Wilderness in Summit County; and
Williams Fork Wilderness in Summit County.
Spraddle Creek Potential Wilderness
In addition, this section creates a short-term potential wilderness within the Spraddle Creek area
in Eagle County. The potential wilderness area allows the U.S. Forest Service or an authorized
third party to complete restoration work (including motorized and mechanized transport and
equipment) to repair the natural ecosystems, and to protect water quality and watershed values.
Once the restoration work is complete or ten years after the date of enactment of this Act, the
potential wilderness will become part of the Eagles Nest Wilderness Area.
SEC. 3. TENMILE RECREATION MANAGEMENT AREA, WHITE RIVER
NATIONAL FOREST, COLORADO.
Background
This section creates a new recreation management area in the White River National Forest in
Summit County. The Tenmile Recreation Management Area was included in this proposal to
promote and enhance the thriving recreation economy. The outdoor recreation economy is
critical to the economic well-being of many Colorado communities. Each year, outdoor
recreation generates $13.2 billion in consumer spending, 125,000 jobs, and $994 million in state
and local tax revenue in Colorado. The Tenmile Recreation Management Area was built on the
idea that local hotels, restaurants, outfitters, and shops will benefit if recreation opportunities are
protected. The Tenmile Recreation Management Area will encourage visitors from around the
world to come to the area to enjoy world-class recreation opportunities like mountain biking,
hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting.
Purposes
The purposes of the Tenmile Recreation Management Area are to conserve, protect, and enhance
for the benefit and enjoyment of present and future generations the recreational, scenic,
watershed, habitat, and ecological resources of the area.
Management
The Tenmile Recreation Management Area will be managed to enhance the purposes of the
Tenmile Recreation Management Area (see above) and the permitted uses (see below), and in
accordance with public land laws (including regulations).
Permitted Uses
Uses to further the purposes of the Tenmile Recreation Management Area (see
above);
Mountain biking and mountain bike trails;
Hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and
hunting activities;
9/2/2014
Pre- and post- wildfire, insect, disease, and hazardous fuels management to
prevent, control, and mitigate such hazards;
Current legal motorized access roads and current legal vehicles uses; and
Water infrastructure protection and improvement.
Prohibited Uses
New roads and new motorized vehicle uses (except to carry out pre- or post -fire
watershed protection projects, conduct administrative activities, respond to an
emergency, or construct regional transportation projects);
Commercial timber sales (except to sell merchantable products to carry out
permitted uses); and
Mineral extraction (subject to valid existing rights).
Other Provisions
Allows for the construction of potential future mass -transportation alternatives to
address congestion along the I-70 corridor;
Protects important wildlife habitat;
Protects municipal watersheds;
Allows overflights by the Colorado Army National Guard;
Does not create a protective perimeter or buffer;
Does not alter Colorado Fish and Wildlife activities; and
Does not alter or limit ski area or other permits.
SEC. 4. PORCUPINE GULCH PROTECTION AREA, WHITE RIVER NATIONAL
FOREST, COLORADO.
Background
This section creates a new protection area in the White River National Forest in Summit County.
The proposed Porcupine Gulch Protection Area must be preserved because it is roadless and
provides for activities such as hiking, fishing, horseback riding, snowshoeing, climbing, skiing,
camping, and hunting. The Porcupine Gulch Protection Area will protect these important
landscape characteristics while providing opportunities for potential watershed management and
transportation projects.
Purposes
The purposes of the Protection Area are to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the scenic, roadless, watershed, and ecological
resources of the Protection Area.
Management
The Porcupine Protection Area will be managed to enhance the purposes of the Porcupine
Protection Area (see above) and the permitted uses (see below), and in accordance with public
land laws (including regulations).
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Permitted Uses
Hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and
hunting; and
Pre- and post- wildfire, insect, disease, and hazardous fuels management to
prevent, control, and mitigate such hazards.
Prohibited Uses
Motorized vehicles, mechanized transport, and new or temporary roads (except to
carry out pre- or post -fire watershed protection projects, conduct administrative
activities, respond to an emergency, or construct regional transportation projects);
Commercial timber sales (except to sell merchantable products to carry out
permitted uses); and
Mineral extraction (subject to valid existing rights).
Other Provisions
Allows for construction of potential future mass -transportation alternatives to
address congestion along the I-70 corridor;
Protects important wildlife habitat;
Protects municipal watersheds;
Allows overflights by the Colorado Army National Guard;
Does not create a protective perimeter or buffer; and
Does not alter Colorado Fish and Wildlife activities.
9/2/2014
Rocky Mountain Recreation and Wilderness Preservation Act
Significant Legislation and Map Changes — Eagle County
SPRADDLE CREEK WILDERNESS
Created 2,338 acre potential wilderness area:
o To provide for the potential need for ecological restoration, this section authorizes
U.S. Forest Service or an authorized third party to complete possible restoration
work that may require motorized and mechanized transport and equipment to
repair the natural ecosystems, water quality, and to protect watershed values to
curb the possible contribution of nutrients to the Gore Creek.
o Once the restoration work is complete or ten years after the date of enactment of
this Act, the potential wilderness will become part of the Eagles Nest Wilderness
Area.
Removed approximately 300 acres that overlapped with an area that was open to over -
snow vehicles in the recent winter travel management plan
Continues to allow full access to the Eiseman Hut
Removed 845 acres on southern boundary in order to:
o Create additional wildland-urban interface buffer between Town of Vail and
proposed wilderness area
o Remove the entire Vail Stables permit area from the wilderness
FREEMAN CREEK WILDERNESS
Removed eastern polygon that could have impacted a U.S. Forest Service land exchange
NO NAME WILDERNESS
Created 300 foot buffer from the Wurtz Ditch (owned by Pueblo Water)
REMOVAL OF OTHER AREAS
After the 2012 congressional district redistricting process, the Adam Mountain, Red
Table, Woods Lake, West Lake Creek, Bull Gulch, Castle Peak, and Pisgah Mountain
areas are no longer in Congressman Polis' district (CO -02). As a result they have been
removed from this proposal. Congressman Polis is working with Congressman Tipton on
a proposal that would include these areas.
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F:\M13\P0L1S\P0L1S_120.XML
113TH CONGRESS
2D SESSION He Re
To designate certain lands in the State of Colorado as components of the
National Wilderness Preservation System, to designate the Tenmile
Recreation Management Area and Porcupine Gulch Protection Area,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. POLIS introduced the following bill; which was referred to the Committee
on
A SILL
To designate certain lands in the State of Colorado as com-
ponents of the National Wilderness Preservation System,
to designate the Tenmile Recreation Management Area
and Porcupine Gulch Protection Area, and for other
purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States o f America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 "Rocky Mountain Recreation and Wilderness Preservation
6 Act".
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2
1 (b) TABLE OF CONTENTS.—The table of contents for
2 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Colorado wilderness additions.
Sec. 3, Tenmile Recreation Management Area, White River National Forest,
Colorado.
Sec. 4. Porcupine Gulch Protection Area, White River National Forest, Colo-
rado.
3 SEC. 2. COLORADO WILDERNESS ADDITIONS.
4 (a) DESIGNATION.—Section 2(a) of the Colorado Wil-
y derness Act of 1993 (Public Law 103-77; 107 Stat. 756;
6 16 U.S.C. 1132 note) is amended -
7 (1) in paragraph (18), by striking "1993," and
8 inserting "1993, and certain Federal lands in the
9 White River National Forest which comprise ap-
10 proximately 6,349 acres, as generally depicted as
11 `Proposed Ute Pass Wilderness', `Proposed Acorn
12 Creek Wilderness', and `Proposed Ptarmigan Addi-
13 tions Wilderness' on a map entitled `Ptarmigan Peak
14 Wilderness Additions Proposal', dated July, 2014,"
15 and
16 (2) by adding at the end the following new
17 paragraphs:
18 "(22) HOLY CROSS WILDERNESS ADDITION. -
19 Certain Federal lands in the White River National
20 Forest which comprise approximately 3,942 acres, as
21 generally depicted as `Proposed No Name Wilder -
22 ness' on a map entitled `Holy Cross Wilderness Ad-
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3
1 dition Proposal', dated July, 2014, and which are in -
2 corporated in and shall be deemed to be a part of
3 the Holy Cross Wilderness designated by section
4 102(a)(5) of Public Law 96-560 (94 Stat. 3266).
5 "(23) HOOSIER RIDGE WILDERNESS.—Certain
6 Federal lands in the White River National Forest
7 which comprise approximately 5,172 acres, as gen-
8 erally depicted on a map entitled `Hoosier Ridge
9 Wilderness Proposal', dated July, 2014, and which
10 shall be known as the `Hoosier Ridge Wilderness'.
11 "(24) TENMILE WILDERNESS.—Certain Federal
12 lands in the White River National Forest which
13 comprise approximately 7,577 acres, as generally de -
14 picted as `Proposed Tenmile Wilderness' on a map
15 entitled `Tenmile Proposal', dated July, 2014, and
16 which shall be known as the `Tenmile Wilderness'.
17 "(25) WILLIAMS FORK WILDERNESS.—Certain
18 Federal lands in the White River National Forest
19 which comprise approximately 9,338 acres, as gen-
20 erally depicted on a map entitled `Proposed Williams
21 Fork Wilderness', dated July, 2014, and which shall
22 be known as the `Williams Fork Wilderness'.
23 "(26) EAGLES NEST WILDERNESS ADDI-
24 TIONs.—
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11
1
"(A) DESIGNATION OF WILDERNESS. -
2
Certain Federal lands in the White River Na -
3
tional Forest which comprise approximately
4
7,928 acres, as generally depicted as `Proposed
5
Freeman Creek Wilderness' and `Proposed
6
Spraddle Creek Wilderness' on a map entitled
7
`Eagles Nest Wilderness Additions Proposal',
8
dated July, 2014, and which are incorporated
9
in and shall be deemed to be a part of the Ea -
10
gles Nest Wilderness designated by Public Law
11
94-352 (90 Stat. 870).
12
"(B) POTENTIAL WILDERNESS. -
13
"(i) DESIGNATION.—In furtherance of
14
the purposes of the Wilderness Act, certain
15
Federal lands in the White River National
16
Forest which comprise approximately
17
2,338 acres, as generally depicted as `Pro -
18
posed Spraddle Creek Potential Wilder -
19
ness' on a map entitled `Eagles Nest Wil -
20
derness Additions Proposal', dated July
21
2014, is designated as a potential wilder -
22
ness area.
23
"(ii) MANAGEMENT.—Except as pro -
24
vided in clause (iii) and subject to valid ex -
25
isting rights, the potential wilderness area
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5
1
designated by this subparagraph shall be
2
managed in accordance with the Wilder -
3
ness Act and this Act.
4
"(iii) ECOLOGICAL RESTORATION. -
5
For purposes of ecological restoration (in -
6
cluding any activity necessary to restore
7
the natural ecosystems and water quality
8
and protect watershed values in the poten-
9
tial wilderness area designated by this sub -
10
paragraph), the Secretary or an authorized
11
third party may use motorized and mecha-
12
nized transport and equipment in the po-
13
tential wilderness area until the date on
14
which the potential wilderness area is in -
15
corporated into the Eagles Nest Wilder -
16
ness.
17 "(iv) DESIGNATION AS WILDER -
18 NEss.—The potential wilderness area des -
19 ignated by this subparagraph shall be des -
20 ignated as wilderness and incorporated in
21 and deemed to be a part of the Eagles
22 Nest Wilderness on the earlier of -
23 "(I) the date on which the Sec -
24 retary publishes in the Federal Reg -
25 ister notice that the ecological restora-
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P\M13\POLIMPOLIS 120.XML
iii
1 tion activities identified in clause (iii)
2 have been completed by the Secretary
3 or an authorized third party; or
4 "(II) the date that is 10 years
5 after the date of enactment of the
6 Rocky Mountain Recreation and Wil -
1 derness Preservation Act.".
8 (b) EFFECTIVE DATE. Any reference in the Wilder -
9 ness Act (16 U.S.C. 1131 et seq.) to the effective date
10 of that Act shall be considered to be a reference to the
11 date of enactment of this Act for purposes of admin -
12 istering the Federal lands designated as wilderness by
13 paragraphs (18) and (22) through (26)(A) of section 2(a)
14 of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
15 note; Public Law 103-77), as amended or added by sub -
16 section (a).
17 (c) FIRE, INSECTS, AND DISEASES.AS provided in
18 section 4(d)(1) of the Wilderness Act (16 U.S.C.
19 1133(d)(1)), in the case of the Federal lands designated
20 as wilderness by paragraphs (18) and (22) through
21 (26)(A) of section 2(a) of the Colorado Wilderness Act of
22 1993 (16 U.S.C. 1132 note; Public Law 103-77), as
23 amended or added by subsection (a), the Secretary may
24 take any measure that the Secretary determines to be nec-
25 essary to control fire, insects, and diseases, subject to such
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ll
1 terms and conditions as the Secretary determines to be
2 appropriate.
3 (d) INCORPORATION OF ACQUIRED LAND AND IN
-
4 TERESTS. Any land or interest in land that is acquired
5 by the United States within the boundaries of the Federal
6 lands designated as wilderness by paragraphs (18) and
7 (22) through (26)(A) of section 2(a) of the Colorado Wil -
8 derness Act of 1993 (16 U.S.C. 1132 note; Public Law
9 103-77), as amended or added by subsection (a), shall -
10 (1) become part of the wilderness area of which
11 the Federal lands are a part; and
12 (2) be managed in accordance with the applica-
13 ble provisions of this Act and any other applicable
14 laws.
15 (e) GRAZING.—The grazing of livestock on the Fed -
16 eral lands designated as wilderness by paragraphs (18)
17 and (22) through (26)(A) of section 2(a) of the Colorado
18 Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
19 103-77), as amended or added by subsection (a), if estab-
20 lished before the date of enactment of this Act, shall be
21 permitted to continue subject to such reasonable regula-
22 tions as are considered necessary by the Secretary, in ac -
23 cordance with section 4(d)(4) of the Wilderness Act (16
24 U. S. C.1133(d)(4)).
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Z
1 (f) No BUFFER ZONEs.—Congress does not intend
2 that the designation by this Act of Federal lands as wilder -
3 ness in the State of Colorado creates or implies the cre-
4 ation of protective perimeters or buffer zones around any
5 wilderness area. The fact that nonwilderness activities or
6 uses can be seen or heard from within a wilderness area
7 shall not, of itself, preclude such activities or uses up to
8 the boundary of the wilderness area.
9 SEC. 3. TENMILE RECREATION MANAGEMENT AREA, WHITE
10 RIVER NATIONAL FOREST, COLORADO.
11 (a) DESIGNATION.—Certain Federal land in the
12 White River National Forest in the State of Colorado
13 which comprise approximately 11,731 acres, as generally
14 depicted as "Proposed Tenmile Recreation Management
15 Area" on a map entitled "Tenmile Proposal", dated July
16 20147 is designated the "Tenmile Recreation Management
17 Area" (in this section referred to as the "Recreation Man -
18 agement Area") ..
19 (b) PURPOSES.—The purposes of the Recreation
20 Management Area are to conserve, protect, and enhance
21 for the benefit and enjoyment of present and future gen-
22 erations the recreational, scenic, watershed, habitat, and
23 ecological resources of the area.
24 (c) MANAGEMENT.—
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til
1 (1) IN GENERAL.—The Secretary of Agriculture
2 shall manage the Recreation Management Area -
3 (A) in a manner that conserves, protects,
4 and enhances -
5 (i) the purposes of the Recreation
6 Management Area described in subsection
7 (b)
8 (ii) recreation opportunities, including
9 mountain biking, hiking, fishing, horseback
10 riding, snowshoeing, climbing, skiing,
11 camping, and hunting; and
12 (B) in accordance with -
13 (i) the Forest and Rangeland Renew -
14 able Resources Planning Act of 1974 (16
15 U.S.C. 1600 et seq.);
16 (ii) any other applicable laws (includ-
17 ing regulations); and
18 (iii) this section.
19 (2) USES. -
20 (A) IN GENERAL.—The Secretary shall
21 only allow such uses of the Recreation Manage -
22 ment Area that the Secretary determines would
23 further the purposes described in subsection
24 (b).
25 (B) VEHICLES.-
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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[E17
(i) IN GENERAL. -Except as provided
in clause (iii), the use of motorized vehicles
in the Recreation Management Area shall
be limited to those roads, vehicle classes,
and periods of use authorized for such use
on the date of enactment of this Act.
(ii) NEW OR TEMPORARY ROADS. -
Except as provided in clause (iii), no new
or temporary roads shall be constructed
within the Recreation Management Area.
(iii) EXCEPTIONS.—Nothing in clause
(i) or (ii) prevents the Secretary from—
(I) rerouting or closing an exist-
ing road or trail to protect natural re-
sources from degradation, as deter-
mined to be appropriate by the Sec-
retary;
(II) authorizing the use of motor-
ized vehicles for administrative pur-
poses;
(III) constructing temporary
roads or permitting the use of motor-
ized vehicles to carry out pre- or post -
fire watershed protection projects;
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11
1 (IV) authorizing the use of mo -
2 torized vehicles to carry out activities
3 associated subsection (g), (h), or (i);
4 and
5 (V) responding to an emergency.
6 (C) COMMERCIAL TIMBER. -
7 (i) IN GENERAL.—No projects shall be
8 undertaken for the purpose of harvesting
9 commercial timber within the Recreation
10 Management Area.
11 (ii) LIMITATION.—Nothing in clause
12 (i) prevents the Secretary from harvesting
13 or selling merchantable products that are
14 byproducts of activities authorized by this
15 section.
16 (d) MAPS AND LEGAL DESCRIPTIONS. -
17 (1) FILING. As soon as practicable after the
18 date of enactment of this Act, the Secretary shall
19 prepare a map and legal descriptions for the Recre-
20 ation Management Area.
21 (2) FORCE OF LAW.—The map and legal de -
22 scription prepared under paragraph (1) shall have
23 the same force and effect as if included in this Act,
24 except that the Secretary may correct typographical
25 errors in the maps and legal descriptions.
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12
1 (3) PUBLIC AVAiLABILiTY.—The map and legal
2 description prepared under paragraph (1) shall be
3 on file and available for public inspection in the ap-
4 propriate office of the Secretary.
5 (e) WITHDRAWAL.—Subject to valid rights in exist -
6 ence on the date of enactment of this Act, the Federal
7 land within the Recreation Management Area is with -
8 drawn from -
9 (1) all forms of entry, appropriation, and dis-
10 posal under the public land laws;
11 (2) location, entry, and patent under the mining
12 laws; and
13 (3) operation of the mineral leasing, mineral
14 materials, and geothermal leasing laws.
15 (f) INCORPORATION OF ACQUIRED LAND AND INTER -
16 ESTS. Any land or interest in land that is acquired by
17 the United States within the boundaries of the Recreation
18 Management Area shall -
19 (1) become part of the Recreation Management
20 Area; and
21 (2) be managed in accordance with the applica-
22 ble provisions of this Act and any other applicable
23 laws.
24 (g) FIRE, INSECTS, AND DISEASES.—The Secretary
25 may take any measure that the Secretary determines to
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13
1 be necessary to prevent, control, and mitigate fire, insects,
2 and diseases, and hazardous fuels, subject to such terms
3 and conditions as the Secretary determines to be appro-
4 priate.
5 (h) WATER MANAGEMENT INFRASTRUCTURE. -
6 Nothing in this section affects the construction, repair, re -
7 construction, replacement, operation, maintenance, or ren -
8 ovation of water management infrastructure existing on
9 the date of enactment of this Act or such future infra -
10 structure necessary for the development or exercise of
11 water rights decreed prior to the date of enactment of this
12 Act within the Tenmile Recreation Management Area.
13 (i) REGIONAL TRANSPORTATION PROJECTS.—Noth-
14 ing in this section precludes the Secretary from author -
15 izing, consistent with applicable laws (including regula-
16 tions), the use or lease of Federal land within the Recre-
17 tition Management Area for -
18 (1) regional transportation projects, including
19 highway widening or realignment and construction
20 of multimodal transportation systems; and
21 (2) infrastructure, activities, or safety measures
22 associated with the implementation or utilization of
23 those facilities.
24 (j) APPLICATION OF LAW.—Nothing in this section
25 shall affect the designation of the Federal land within the
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14
1 Recreation Management Area for purposes of section 303
2 of title 491 United States Code, and section 138 of title
3 23 United States Code.
4 (k) PERMITS.—Nothing in this section alters or lim-
5 its -
6 (1) a permit held by a ski area or other entity;
7 or
8 (2) the acceptance, review, or implementation of
9 associated activities or facilities proposed or author -
10 ized by law or permit outside of the Recreation Man -
11 agement Area.
12 (1) WATER.—The provisions of section 3(e) of the
13 James Peak Wilderness and Protection Area Act (Public
14 Law 107-216; 116 Stat. 1055) shall apply to the Recre-
15 ation Management Area established by this section.
16 (m) MILITARY ACTIVITIES. -
17 (1) COLORADO NATIONAL GUARD USE.—Noth-
18 ing in this section shall restrict, preclude or other -
19 wise affect the use by the Colorado Army National
20 Guard, a reserve component of the Armed Forces, of
21 the Recreation Management Area for aircraft train -
22 ing, testing, evaluation, emergency response, or
23 other related air operations—
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15
1 (A) in the manner and degree such uses
2 were authorized to occur on the date of the en -
3 actment of this Act; or
4 (B) as authorized under future agreements
5 between the Secretary and the Secretary of De -
6 fense.
7 (2) MILITARY AIRCRAFT USE.—Nothing in this
8 section restricts or precludes, or should cause any
9 other Federal regulation to restrict or preclude -
10 (A) low-level overflights of military air -
11 craft; or
12 (B) the designation, modification, or cre-
13 ation of new units of special use airspace, or
14 the establishment of military flight training
15 routes.
16 (n) FISH AND WILDLIFE.—Nothing in this section
17 affects the jurisdiction or responsibilities of the State of
18 Colorado with respect to fish and wildlife in the State.
19 (o) No BUFFER ZONES.—The Recreation Manage -
20 ment Area shall not create a protective perimeter or buffer
21 zone around the Recreation Management Area.
22 SEC. 4. PORCUPINE GULCH PROTECTION AREA, WHITE
23 RIVER NATIONAL FOREST, COLORADO.
24 (a) DESIGNATION.—Certain Federal land located in
25 the White River National Forest in the State of Colorado
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16
1 which comprise approximately 5,204 acres, as generally
2 depicted on a map entitled "Porcupine Gulch Protection
3 Area Proposal", dated July 2014, is designated the "Por -
4 cupine Gulch Protection Area" (in this section referred to
5 as the "Protection Area").
6 (b) PURPOSES.—The purposes of the Protection Area
7 are to conserve, protect, and enhance for the benefit and
8 enjoyment of present and future generations the scenic,
9 roadless, watershed, and ecological resources of the Pro -
10 tection Area.
11 (C) MANAGEMENT. -
12 (1) IN GENERAL.—The Secretary of Agriculture
13 shall manage the Protection Area -
14 (A) in a manner that conserves, protects,
15 and enhances the purposes described in sub -
16 section (b); and
17 (B) in accordance with -
18 (i) the Forest and Rangeland Renew -
19 able Resources Planning Act of 1974 (16
20 U.S.C. 1600 et seq.);
21 (ii) any other applicable laws (includ-
22 ing regulations); and
23 (iii) this section.
24 (2) USES.-
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17
1
(A) IN GENERAL.—The Secretary shall
2
only allow such uses of the Protection Area that
3
the Secretary determines would further the pur-
4
poses described in subsection (b).
5
(B) MOTORIZED VEHICLES. -
6
(i) IN GENERAL. -Except as provided
7
in clause (iii), the use of motorized vehicles
8
and mechanized transport in the Protec-
9
tion Area shall be prohibited.
10
(ii) NEW OR TEMPORARY ROADS. -
11
Except as provided in clause (iii), no new
12
or temporary roads shall be constructed
13
within the Protection Area.
14
(iii) EXCEPTIONS.—Nothing in clause
15
(i) or (ii) prevents the Secretary from -
16
(I) authorizing the use of motor -
17
ized vehicles for administrative pur-
18
poses;
19
(II) constructing temporary
20
roads or permitting the use of motor -
21
ized vehicles to carry out pre- or post -
22
fire watershed protection projects;
23
(III) authorizing the use of mo -
24
torized vehicles to carry out activities
25
associated subsection (g) or (h); or
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HM
1 (IV) responding to an emergency.
2 (C) COMMERCIAL TIMBER. -
3 (i) IN GENERAL.—No projects shall be
4 undertaken for the purpose of harvesting
5 commercial timber within the Protection
6 Area.
7 (ii) LIMITATION.—Nothing in clause
8 (i) prevents the Secretary from harvesting
9 or selling merchantable products that are
10 byproducts of activities authorized by this
11 section.
12 (d) MAP AND LEGAL DESCRIPTION. -
13 (1) FILING. As soon as practicable after the
14 date of enactment of this Act, the Secretary shall
15 prepare a map and legal description for the Protec-
16 tion Area.
17 (2) FORCE OF LAw.—The map and legal de -
18 scription prepared under paragraph (1) shall have
19 the same force and effect as if included in this Act,
20 except that the Secretary may correct typographical
21 errors in the map and legal description.
22 (3) PUBLIC AVAILABILITY.—The map and legal
23 description prepared under paragraph (1) shall be
24 on file and available for public inspection in the ap-
25 propriate office of the Secretary.
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19
1 (e) WITHDRAWAL.—Subject to valid rights in exist -
2 ence on the date of enactment of this Act, the Federal
3 land within the Protection Area is withdrawn from -
4 (1) all forms of entry, appropriation, and dis-
5 posal under the public land laws;
6 (2) location, entry, and patent under the mining
7 laws; and
8 (3) operation of the mineral leasing, mineral
9 materials, and geothermal leasing laws.
10 (f) INCORPORATION OF ACQUIRED LAND AND INTER -
11 ESTS. Any land or interest in land that is acquired by
12 the United States within the boundaries of the Protection
13 Area shall -
14 (1) become part of the Protection Area; and
15 (2) be managed in accordance with the applica-
16 ble provisions of this Act and any other applicable
17 laws.
18 (g) FIRE, INSECTS, AND DISEASES.—The Secretary
19 may take any measure that the Secretary determines to
20 be necessary to prevent, control, and mitigate fire, insects,
21 and diseases and hazardous fuels, subject to such terms
22 and conditions as the Secretary determines to be appro-
23 priate.
24 (h) REGIONAL TRANSPORTATION PROJECTS.—Noth-
25 ing in this section precludes the Secretary from author-
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20
1 izing, consistent with applicable laws (including regula-
2 tions), the use or lease of Federal land within the Protec-
3 tion Area for -
4 (1) regional transportation projects, including
5 highway widening or realignment and construction
6 of multimodal transportation systems; and
7 (2) infrastructure, activities, or safety measures
8 associated with the implementation or utilization of
9 those facilities.
10 (i) APPLICATION OF LAw.—Nothing in this section
11 shall affect the designation of the Federal land within the
12 Protection Area for purposes of section 303 of title 49,
13 United States Code, and section 138 of title 23 United
14 States Code.
15 (j) WATER.—The provisions of section 3 (e) of the
16 James Peak Wilderness and Protection Area Act (Public
17 Law 107-216; 116 Stat. 1055) shall apply to the Protec-
18 tion Area.
19 (k) MILITARY ACTIVITIES. -
20 (1) COLORADO ARMY NATIONAL GUARD USE. -
21 Nothing in this section shall restrict, preclude or
22 otherwise affect the use by the Colorado Army Na -
23 tional Guard, a reserve component of the Armed
24 Forces, of the Protection Area for aircraft training,
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21
1 testing, evaluation, emergency response, or other re -
2 lated air operations -
3 (A) in the manner and degree such uses
4 were authorized to occur on the date of the en -
5 actment of this Act; or
6 (B) as authorized under future agreements
7 between the Secretary and the Secretary of De-
b fense.
9 (2) MILITARY AIRCRAFT USE.—Nothing in this
10 section restricts or precludes, or should cause any
11 other Federal regulation to restrict or preclude -
12 (A) low-level overflights of military air -
13 craft; or
14 (B) the designation, modification, or cre-
15 ation of new units of special use airspace, or
16 the establishment of military flight training
17 routes.
18 (1) FISH AND WILDLIFE.—Nothing in this section af-
19 fects the jurisdiction or responsibilities of the State of Col -
20 orado with respect to fish and wildlife in the State.
21 (m) No BUFFER ZONES.—The Protection Area shall
22 not create a protective perimeter or buffer zone around
23 the Protection Area.
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4�
EAGLE ROVE
WATER & SANITATION
DISTRICT
August 26, 2014 Sent via email
Town of Vail Council
Town of Vail
75 S Frontage Road
Vail, CO 81657
RE: ERWSD Position on Wilderness Bill Proposed by Congressman Polis
Dear Council Members:
I am writing to clarify the District's position on Congressman Polis' Rocky Mountain Recreation and
Wilderness Preservation Act bill as a first step in helping our local decision makers understand the
perspective of the entity to which they entrusted their water and wastewater service, and to whom we
believe they should look to for guidance on issues related to water. We certainly understand that the
Town's perspective on wilderness is broader than our water -related perspective, but we hope that its
leaders accept that the provision of water, both in quality and quantity, and wastewater treatment to the
Town in perpetuity is of the utmost importance to the Town's viability, and we take that responsibility very
seriously.
The characterization of the District's position at the Town Council meeting last week was skewed by a
perception that the District is not in favor of new wilderness designations and that we have identified
portions of the proposed Spraddle Creek areas as impacted by logging and roads as a major source of
phosphorus to Gore Creek. And while it is true that the Congressman's staff has been responsive to the
District's requests for changes to boundaries, the District's primary concern has always been that the
wilderness designations not impede the ability to manage the lands for watershed values. This letter will
clarify any misperceptions and explain the District's concerns with the current version of the bill.
Forest lands were originally set aside by the federal government for the purpose of providing water
quantity and quality to the nation, and for timber harvesting. Public values have evolved in the interim to
additionally support other values such as wilderness, solitude, and the ability of natural processes to
protect the land. The District recognizes that areas that are currently designated as wilderness produce
high quantity and quality water. We do not oppose such wilderness designations and in fact recognize
that wilderness designation is a management strategy aimed at protecting watersheds. Water quality that N
comes from healthy, functioning watersheds is integral to the District's ability to provide a reliable water
supply and wastewater treatment to its constituents.
Our opposition to the bill is that, as the bill is currently drafted, wilderness designation does not expressly
permit reasonable measures to adequately manage the land for the very purpose that Forest Service
lands were set aside. Lands included in this bill were rejected from previous wilderness designations for a
number of reasons, and some because they were impacted by human uses. The proposed wilderness
areas are not the pristine lands of the Eagles Nest and Holy Cross Wilderness Areas, but have been
impacted by logging, roads, grazing, beetle -kill and recreation. Watershed health is not a constant. Even
in wilderness areas grazing, recreation, infestations, and wildfire can impact watershed function into the
future. The impact of climate change on watersheds in the future is an unknown and may require
increased management of the watersheds we rely on for our water supply. Although we have pointed to
the Spraddle Creek area and its existing impacts that may possibly be affecting water quality, we oppose
the bill because there may also be future impacts and at some time in the future, well-planned, sensitive,
targeted watershed mitigation efforts may be needed, and may require the use of mechanized equipment.
Clean Water. Quality Life. TM
846 Forest Road Vail. Colorado 81657 Tel (970) 476-7480 Fax (970) 476-4089 enasd org
Since Congressman Polis first introduced his wilderness bill, the District has been active in addressing
water quality issues within the Gore Creek and Eagle River basins. The District has:
-- Engaged in Colorado's rulemaking processes for limiting nutrient discharges to streams and the listing
of waters impaired for sediment, temperature, and aquatic life uses (303(d)), to ensure that rules applied
in our watershed were appropriate and that moneys spent on new treatment systems would have a
benefit to local stream health commensurate with the investment funded by the community;
-- Developed a master plan to meet nutrient regulations by 2022 at all three of its wastewater treatment
plants, which will cost an estimated $60 million;
-- Issued bonds to pay for the first phases of the master plan, which required a ballot question to incur
debt and a TABOR question, and the educational outreach required for a successful outcome;
-- Brought to the attention of the community the results of macroinvertebrate sampling that showed that
impacts to aquatic life were due to non -point sources of pollution and the impact or loss of riparian buffers
-- Funded (as the largest dollar contributor) the Gore Creek Water Quality Improvement Plan, which
provides the rationale for a community -wide response (municipalities, CDOT, wastewater treatment
providers, etc.) to the aquatic impacts.
It has been noted that sampling and project planning in the Spraddle Creek area was not one of our
efforts during this time, and it is true that this source is of a lower priority to the District than the sources
addressed by the above -listed activities. The phosphorus loading from the stream that drains the
proposed Spraddle Creek area, Red Sandstone Creek, is known from our water quality sampling to be
higher than from other tributaries that enter Gore Creek upstream. The cause of this loading is not known
with certainty due to the lack of water quality studies along the tributary. Potential sources of phosphorus
include:
-- Urban runoff from roads, parking lots, lawns and landscaping within town boundaries (although other
upstream tributaries also run for a short way through urbanized lands but do not show increased
phosphorus loading);
-- Horse operations (the horse operation referred to in the Council meeting is located in the Spraddle
Creek drainage, not the Red Sandstone Creek drainage which is where higher phosphorus loading is
detected; and
-- Erosion related to past logging activities, high density roads, and recreational activities.
The District rejects the idea that we could take one water quality sample and settle the issue of the cause
of phosphorus loading from Red Sandstone Creek. Water quality studies are complex and must be
carefully designed and implemented to result in reliable, accurate data; without good science, a single o
sample result could be misinterpreted and misused, and it would be irresponsible to enact federal N
legislation based on such data.
The Eagle River Memorandum of Understanding (ERMOU) has sanctioned a number of West Slope and
East Slope water supply projects in the Eagle River basin that are alternatives to the grandfathered water
supply projects in the Holy Cross Wilderness Area. The ERMOU protects the Holy Cross Wilderness
Area from future transmountain diversions. It is important that the bill have express language that nothing
in the act will in any manner adversely affect an ERMOU project.
Congressman Polis' letter dated August 19, 2014, states that the language the District requested allowing
the use of mechanized equipment is already present in the Colorado Wilderness Act. However, the
sections cited refer specifically to access, maintenance and use of existing roads and water resource
facilities, not to the maintenance and enhancement of watershed and water supply values. We are
requesting that access and the use of mechanical equipment be allowed to maintain watershed health.
We have been working with Congressman Polis' office on our concerns with the language in the bill, and
we have made much progress. From the beginning of the wilderness discussions, going back to the
Hidden Gems proposal, the District has been clear that, although we had some specific concerns around
Page 2 of 3
boundary locations, our primary concern is that the door not be closed to the ability to effect watershed
restoration efforts where the water quality or quantity from forest lands is, or in the future might become,
impaired. To close the door on our ability to meet our obligations to our municipal partners and
constituents, we believe is short-sighted. The language we are proposing was taken directly from
wilderness bills that were passed in other states and are working in those areas to protect Forest Service
watersheds for the purpose they were intended.
In summary, the District is not opposed to the wilderness designation of the lands in the current version of
the bill, but to the absence of language that expressly permits the use of mechanized equipment for
watershed restoration activities. This is particularly true for the diseased forests in many of these lands.
We don't want to experience the situation in Tombstone, Arizona, where wilderness designation has
prevented the restoration and renovation required to restore the water supply to the municipal water
provider. The District needs the bill to permit the ability to manage watershed function because it has the
responsibility to provide water to the Town of Vail and the rest of its service area.
Respectfully yours,
0
L' n Brooks
eneral Manager
agle River Water and Sanitation District
C: ERWSD Board of Directors
UERWA Board of Directors
Stan Zemler
Congressman Jared Polis
Glenn Porzak
Bob Weaver
Diane Johnson
Kathy Kitzmann
Page 3 of 3
0
N
N
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 2nd day of September, 2014.
Andrew P. Daly,
Mayor of the Town of Vail, Colorado
ATTEST:
Patty McKenny,
Town Clerk
Resolution 22, Series of 2014 9/2/2014
rnwH of vn' �Ii1
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: Resolution No. 24, 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. 24, 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.
STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council approves
the ground lease and deed restriction as presented.
ATTACHMENTS:
Resolution No. 24, Series of 2014
Exhibit A Ground Lease
9/2/2014
RESOLUTION NO. 24
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 wishes to
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 and August 19, 2014, the Town Council
approved prior versions of the Ground Lease and Deed Restriction, but those versions
were never executed, and since that time, certain provisions of both documents have
changed; and
WHEREAS, the Town Council wishes to approve the Ground Lease and Deed
Restriction in substantially the form attached hereto, and to authorize the Town
Manager to execute the Ground Lease and 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. After execution of the Development Agreement for the Timber
Ridge property by all parties to the Development Agreement, and approval by the Town
Attorney of any other documents required by the developer's lender, the Town Council
authorizes the Town Manager to execute the Ground Lease and Deed Restriction in the
final form approved by the Town Attorney.
1
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9/2/201
&IUSERSWAILWESMMBER RIDGE GROUND LEASE-5.DOCX
INTRODUCED, PASSED AND ADOPTED this 2nd day of September, 2014.
ATTEST:
Patty McKenney, Town Clerk
Andrew P. Daly, Mayor
8/28/2014
9/2/201
2:IUSERSWAILWESMMBER RIDGE GROUND LEASE-5.DOCX
GROUND LEASE
This GROUND LEASE (the "Lease") is entered into as of September , 2014 (the
Effective Date") by and between the Town of Vail, a Colorado home rule municipality (the
"Town"), and Lion's Ridge Apartment Homes, LLC, a Colorado limited liability company
("Tenant") (each individually a "Party" and collectively the "Parties").
WHEREAS, the Town is the owner of certain real property more particularly described in
Exhibit A attached hereto and incorporated herein by this reference (the "Property");
WHEREAS, the Parties desire to allow for the redevelopment of the Property for
employee housing;
WHEREAS, to accomplish the redevelopment of the Property for employee housing, the
Town will retain fee ownership of the Property, but the Town will provide Tenant with a long-
term ground lease of the Property; and
WHEREAS, the Parties wish to establish terms of the long-term ground lease.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as
follows:
1. Lease. The Town, in consideration of the rents, covenants, agreements, and conditions
herein set forth which Tenant hereby agrees shall be paid, kept, and performed, does hereby lease
unto Tenant, and Tenant does hereby lease from the Town, the Property together with all of the
Town's rights, interests, estates, and appurtenances thereto.
2. Term. This Lease shall commence on the Effective Date and unless earlier terminated as
provided herein, shall terminate on September 30, 2064.
3. Rent and Security Deposit. The total rent for the period from the Effective Date through
December 31, 2024 is the sum of $10. Tenant has paid such sum to the Town on the date hereof,
the receipt of which is hereby acknowledged. Commencing on January 1, 2025 and each year
thereafter during the term of this Lease, Tenant shall pay to the Town annual rent in the amounts
set forth below.
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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 September 30, 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 Town and Tenant 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 Town.
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 Town.
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8. Existing Conditions. As of the Effective Date, Tenant has inspected the physical
condition of the Property and receives the Property in "as is" condition, with all faults. The
Town makes no representations or warranties with respect to the condition of the Property or its
fitness or availability for any particular use, and the Town shall not be liable to Tenant for any
latent or patent defect on the Property. The Town owns all the improvements existing on the
Property as of the date of the Lease, which existing improvements may be removed by Tenant
prior to the construction of the Improvements.
9. Hazardous Materials.
a. Though the Town has no actual knowledge of the presence of any hazardous
materials or other adverse environmental conditions on the Property, the Town makes no
warranty regarding such materials or conditions.
b. Tenant shall keep and maintain the Property in compliance with, and shall not
cause or permit the Property to be in violation of, any federal, state, or local laws, ordinances or
regulations relating to industrial hygiene or to the environmental conditions ("Hazardous
Materials Laws") on, under, about, or affecting the Property. Tenant shall not use, generate,
manufacture, store, or dispose of on, under or about the Property or transport to or from the
Property any flammable explosives, radioactive materials, hazardous wastes, asbestos, lead-
based paints, toxic substances, or related materials, including without limitation any substances
defined as or included in the definition of hazardous substances, hazardous wastes, hazardous
materials, or toxic substances under any applicable federal or state laws or regulations
(collectively referred to hereinafter as "Hazardous Materials").
C. Notwithstanding the above, the Parties understand and agree that Tenant, in the
course of construction of the Improvements, may generate biohazardous waste materials due to
procedures performed within the primary structure. Tenant shall be solely responsible for the
proper storage and removal of these biohazardous waste materials from the property. Tenant
shall be solely responsible for, and shall indemnify and hold harmless the Town, its directors,
officers, employees, agents, successors, and assigns from and against, any loss, damage, cost,
expense, or liability directly or indirectly arising out of or attributable to Tenant's use,
generation, storage, release, threatened release, discharge, disposal, or presence of biohazardous
Materials on, under or about the Property.
10. Construction of Improvements. The Improvements shall be constructed in accordance
with the Development Agreement.
11. Ownership of Improvements.
a. During the Term, all Improvements shall be solely the property of Tenant, and
Tenant shall be entitled to take tax depreciation thereon, to the extent permitted by law.
b. Upon termination of this Lease, except as otherwise provided in Section 27,
Tenant shall surrender to the Town, free and clear of all debt and other encumbrances, all
improvements, inclusions, fixtures, equipment and other appurtenances on the Property in good
condition and repair. During the Term, the Town shall have a right to inspect the Property on an
annual basis to review the condition of the improvements.
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12. Maintenance and Repairs.
a. Tenant agrees to maintain the Property throughout the Term of this Lease, at
Tenant's own expense, in good working order, in a clean and safe manner. 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 Town, the Town may, but has no obligation to, perform such
maintenance or repairs and invoice Tenant for the costs of such maintenance, plus 8% interest.
Tenant shall pay such invoice within 30 days of receipt thereof, and Tenant's failure to do so
shall constitute a Tenant Default.
13. Property Mana eg ment. Throughout the Term of this Lease, Tenant shall provide for
professional management of the ongoing use and operation of the Property (either through an
independent third party or an affiliate or agent of Tenant).
14. Insurance. Tenant shall maintain the following insurance, and certificates of such
insurance shall be furnished to the Town prior to the commencement of this Lease and at each
subsequent policy renewal date:
a. Commercial general liability insurance, including contractual liability, with limits
of not less than $2,000,000 per occurrence for bodily injury, personal injury and property
damage, naming the Town as an additional insured.
b. Fire and extended coverage insurance covering the Property for injury or damage
by the elements, or through any other cause, in an amount not less than the full actual
replacement cost of the Property, common areas, and appurtenances, and sufficient to prevent the
Town or Tenant from becoming a co-insurer of any partial loss.
C. During the course of any construction or repair of Improvements, Builders' Risk
Insurance.
15. Indemnification. Tenant agrees to indemnify, defend, and hold the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns harmless from and against
any and all claims, liability, damages, losses, expenses and demands, including reasonable attorney
fees, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss
of any kind whatsoever, which arise out of or are in any manner connected with this Lease or
Tenant's use of the Property; provided however, that Tenant shall not indemnify, defend or hold
the Town harmless for the Town's own negligence or willful acts or omissions.
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16. Restoration. Should any Improvements be wholly or partially destroyed or damaged by
fire or other casualty, Tenant shall promptly repair, replace, restore, and reconstruct the same, all
in compliance with the provisions of this Lease.
17. Condemnation.
a. Full taking. Should the entire Property be taken by eminent domain,
condemnation or similar proceedings or conveyed in avoidance or settlement of eminent domain,
condemnation, or other similar proceedings, then Tenant's right of possession under this Lease
shall terminate as of the date of taking possession by the condemnor, and the award therefor will
be distributed as follows: first, to the payment of all reasonable fees and expenses incurred in
collecting the award; and next, the balance of the award shall be equitably apportioned between
the Town and Tenant based on the then respective fair market values of the Town's interest in the
Property and Tenant's interest in the Property. All rent shall be prorated through the date of
termination.
b. Partial Taking. Should a portion of the Property be taken by eminent domain,
condemnation or similar proceedings, this Lease shall continue in effect as to the remainder of
the Property unless, in Tenant's reasonable judgment, the taking makes it economically unsound
to use the remainder, whereupon this Lease shall terminate as of the date of taking of possession
by the condemnor in the same manner as if the whole of the Property had been taken, and the
award therefor shall be distributed as provided in subsection (a) hereof. If this Lease is not
terminated, all rent shall be equitably adjusted based on the portion of the Property taken. If this
Lease is terminated, all rent shall be prorated through the date of termination.
C. Temporary Taking. If any portion of the Property is taken for temporary use or
occupancy, the Term shall not be reduced or affected. Except to the extent Tenant is prevented
from so doing pursuant to the terms of the order of the condemning authority, Tenant shall
continue to perform and observe all of the other covenants, agreements, terms, and provisions of
this Lease. If Tenant continues to perform its obligations under this Lease throughout the term of
the temporary taking, Tenant shall be entitled to the full award for a temporary taking.
18. Assi ng Ment. 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. Subleasing.
a. Tenant may freely execute subleases in compliance with this Lease, the Deed
Restriction and applicable law, provided that the term of each such sublease (including all
renewal and extension rights) shall not extend past the expiration date of the Term.
b. Each sublease shall specifically provide that the sublessee's rights are subject to
the Town's rights under this Lease and the Deed Restriction, and shall provide that upon a
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termination of this Lease or of Tenant's right to possession of the Property such sublease, at the
Town's option, shall continue in effect as a lease directly between the Town and the sublessee
thereunder, provided that the sublessee attorns to the Town, the Town shall not be responsible for
the return or repayment of any security or other deposits made by such sublessee with Tenant
unless Tenant has turned the same over to the Town, and the Town shall not be liable or
responsible for the cure or remedy of any breach, violation, or default on the part of Tenant under
subleases occurring prior to termination of this Lease or of Tenant's right to possession of the
Property. Tenant shall give a copy of each sublease to the Town upon request.
20. Tenant's Right to Encumber.
a. Leasehold. Tenant may, at any time, without the Town's consent or joinder,
encumber its interest in this Lease and the leasehold estate hereby created with one or more
deeds of trust, mortgages, or other lien instruments to secure any borrowings or obligations of
Tenant. No lien of Tenant upon its interest in this Lease and the leasehold estate hereby created
shall encumber or affect in any way the interest of the Town in the Property.
b. No Merger. In no event shall the leasehold interest, estate, or rights of Tenant
hereunder, or of the holder of any mortgage upon the Lease, merge with any interest, estate, or
rights of the Town in or to the Property, it being understood that such leasehold interest, estate,
and rights of Tenant hereunder, and of the holder of any mortgage upon this Lease, shall be
deemed to be separate and distinct from the Town's interest, estate, and rights in or to the
Property, notwithstanding that any such interests, estates, or rights shall at any time or times be
held by or vested in the same person, corporation, or other entity.
21. Quiet Enjoyment. The Town covenants that Tenant, on paying the Rent and performing
and observing the obligations of this Lease, shall peaceably and quietly have, hold, occupy, use,
and enjoy the Property during the Term, and may exercise all of its rights hereunder, subject only
to the provisions of this Lease, the Deed Restriction and applicable law.
22. Access.
a. The Town shall have access to the Property at all times following reasonable prior
notice to Tenant to inspect the Property, provided that the Town shall use reasonable efforts not
to disturb Tenant's use of the Property or the occupants of the Improvements.
b. At no time shall Tenant eliminate access to or the ability to safely occupy or
operate the Timber Ridge housing units currently existing on the real property adjacent to the
Property, as more particularly described on Exhibit B, attached hereto and incorporated herein
by this reference (the "Adjacent Property"). The Town shall have unrestricted access to the
Adjacent Property at all times.
23. Tenant Default and Remedies.
a. Each of the following is a Tenant default of this Lease:
i. If Tenant fails to perform any of its obligations under this Lease or the
Deed Restriction and Tenant fails to commence and take such steps as are necessary to
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remedy the same within 30 days after Tenant is given a written notice specifying the
same; provided, however, that if the violation is a violation of this Lease and not a
violation of the Deed Restriction, and the nature of the violation is such that it cannot
reasonably be remedied within 30 days, and Tenant provides evidence to the Town that
the violation cannot reasonably be remedied within 30 days, then the violation shall be
remedied as soon as reasonably practicable, but in any case, within 180 days of the
original notice of violation.
ii. If an involuntary petition is filed against Tenant under a bankruptcy or
insolvency law or under the reorganization provisions of any law, or when a receiver of
Tenant, or of all or substantially all of the property of Tenant, is appointed without
acquiescence, and such petition or appointment is not discharged or stayed within 120
days after the happening of such event.
iii. If Tenant makes an assignment of its property for the benefit of creditors
or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief under
any other law for the benefit of debtors.
b. If a Tenant default occurs, the Town may, without waiving any other rights
hereunder or available to the Town at law or in equity (the Town's rights being cumulative),
terminate this Lease, in which event this Lease and the leasehold estate hereby created and all
interest of Tenant and all parties claiming by, through, or under Tenant shall automatically
terminate upon the effective date of such notice; and the Town, its agents or representatives, may,
without further demand or notice, reenter and take possession of the Property and remove all
persons and property from the Property with or without process of law, without being deemed
guilty of any manner of trespass and without prejudice to any remedies for existing breaches
hereof.
C. In addition to the specific remedies set forth herein, the Town shall have all other
remedies available at law or equity, and the exercise of one remedy shall not preclude the
exercise of any other remedy.
24. Town Default and Remedies.
a. The following is a Town default of this Lease: if the Town fails to perform any of
its covenants or obligations under this Lease and fails to commence and take such steps as are
necessary to remedy the same within 30 days after written notice is given specifying the same;
provided, however, that if the nature of the violation is such that it cannot reasonably be
remedied within 30 days, and the Town provides evidence to Tenant that the violation cannot
reasonably be remedied within 30 days, then the violation shall be remedied as soon as
reasonably practicable, but in any case, within 180 days of the original notice of violation.
b. If a Town default occurs, Tenant may terminate this Lease.
C. In addition to the specific remedy set forth herein, Tenant shall have all other
remedies available at law or equity, and the exercise of one remedy shall not preclude the
exercise of any other remedy, provided that the remedy of specific performance shall not be
available against the Town.
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25. Notices. Any notice under this Lease shall be in writing and may be given by United
States Mail, postage prepaid, addressed as set forth herein; or hand -delivery. Notice shall be
effective three days after mailing or immediately upon hand -delivery. The addresses of the
Parties shall, unless changed in writing, be as follows:
The Town: Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
Tenant: Lion's Ridge Apartment Homes, LLC
200 North Main Street
Oregon, WI 53575
Attn: Gary J. Gorman
With a copy to: Jen Wright
Wright and Company, Inc.
P.O. Box 7270
Avon, CO 81620
26. Surrender. On the last day of the term of this Lease or upon any termination of this
Lease, except as otherwise provided for in Section 27, Tenant shall surrender the Property, with
the Improvements then located thereon, into the possession and use of the Town, without fraud
or delay and in good order, condition, and repair, free and clear of all occupancies, liens and
encumbrances, without any payment or allowance whatever by the Town for any buildings or
improvements erected or maintained on the Property at the time of the surrender, or for the
contents thereof or appurtenances thereto.
27. Option to Purchase.
a. The Town hereby grants to Tenant an option to purchase the Property in
accordance with the terms set forth below (the "Option"). Tenant may exercise this option by
providing written notice thereof to the Town at any time following the Town's issuance of final
Certificates of Occupancy for all units in the Improvements, and prior to December 31, 2024, as
long as Tenant is not in default of this Lease.
b. If Tenant exercises the 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
the Option. If Tenant has not delivered to the Town 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 Town 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
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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.
d. The Town shall provide to Tenant, at least 30 days prior to the date of closing, a
commitment for an owner's title insurance policy, in the amount of purchase price, from Chicago
Title Insurance Company (or another title insurance company reasonably acceptable to Tenant),
naming Tenant as the insured. The Town shall, at its expense, cause the title insurance company
to issue the title insurance policy at closing.
e. 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 Town, superseding all prior oral or written communications.
C. BindingEffect. ffect. 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 Town shall never be
a joint venture in any private entity or activity which participates in this Lease, and the Town
shall never be liable or responsible for any debt or obligation of any participant in this Lease.
h. Governmental Immunity. The Town and its officers, attorneys and employees,
are relying on, and do not waive or intend to waive by any provision of this Lease, the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to
the Town or its officers, attorneys or employees.
i. Time of the Essence. Time is of the essence for all provisions of this Lease.
J . Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution,
any financial obligations of the Town under this Lease are specifically contingent upon annual
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appropriation of funds sufficient to perform such obligations. This Lease shall never constitute a
debt or obligation of the Town within any statutory or constitutional provision.
WHEREFORE, the Parties have executed this Lease on the Effective Date.
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
ATTEST:
Patty McKenny, Town Clerk
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
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this day of September, 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
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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
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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 September, 2014 (the "Effective Date"), by and between the Town of Vail, a
Colorado home rule municipality (the "Town"), and Lion's Ridge Apartment Homes, LLC, a
Colorado limited liability company ("Master Lessee") (individually a "Party" and collectively the
"Parties").
WHEREAS, the Town is the owner of certain real property generally described as the
eastern half of the Timber Ridge property and more particularly described in Exhibit 1 attached
hereto and incorporated herein by this reference (the "Property");
WHEREAS, the Parties desire to allow for the redevelopment of the Property for
employee housing; and
WHEREAS, the Town, as landlord, and Master Lessee as tenant, have entered into a
Ground Lease for the Property (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:
I. Defined Terms. For purposes of this Deed Restriction, the following terms shall
have the following meanings:
"Principal place of residence" means the dwelling in which one's habitation is
fixed and to which a person, whenever he or she is absent, has a present intention of
returning after an absence therefrom. In determining what is a principal place of
residence, the Town and Master Lessee may consider, without limitation: location of
business pursuits; employment and income sources; residence for tax purposes; residence
of parents, spouse and children, if any; location of personal property; motor vehicle
registration; and voter registration.
"Qualified Household" means one Qualified Resident or a group of persons that
contains at least one Qualified Resident (who must sign the Unit lease as a tenant). A
Qualified Household may have occupants that are not Qualified Residents (and who may
also sign the Unit lease as tenants) as long as at least one occupant who has signed the
lease is a Qualified Resident.
"Qualified Resident" means a natural person who works an average of 30 hours or
more per week at a business in Eagle County, Colorado that holds a valid and current
business license, or pays sales taxes, or is otherwise generally recognized as a legitimate
business. For example, if a person worked 60 hours per week for one half of the year at
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such a business in Eagle County, Colorado, and worked elsewhere for the other half of
the year, such person would constitute a Qualified Resident.
"Rental Guidelines" means the guidelines attached as Exhibit 2 hereto and
incorporated herein by this reference.
"Restricted Unit" means a Unit that is rented to a Qualified Household pursuant to
the terms of this Deed Restriction.
"Unit" means each of the residential dwelling units constructed on the Property.
2. Binding Effect. This Deed Restriction shall constitute a covenant running with
the Property as a burden thereon, for the benefit of, and enforceable by the Town and the Master
Lessee. This Deed Restriction shall bind the Master Lessee and all occupants of the Restricted
Units. Each and every occupant of a Restricted Unit shall be personally obligated hereunder for
the full and complete performance and observance of all covenants, conditions and restrictions
contained herein that are applicable to such occupant during such occupant's respective period of
occupancy of a Restricted Unit. Each and every conveyance of the Property or a portion thereof,
or interest therein, for all purposes, shall be deemed to include and incorporate by this reference,
the covenants contained in this Deed Restriction, even without reference to this Deed Restriction
in any document of conveyance.
3. Occupancy.
a. The Master Lessee covenants that at least 70% of the total Units in the
Property shall be Restricted Units. The Parties acknowledge that the Restricted Units are
not fixed and may float so long as at least 70% of the total Units are Restricted Units.
For example, assume that the Property contains 100 Units. If 75 of the Units are rented
to Qualified Households, and one of such Units becomes vacant, such Unit may
thereafter be rented to occupants who are not a Qualified Household, because at least 70
of the Units remain occupied by Qualified Households.
b. The Property may contain two additional common areas that shall not
qualify as Units, one area to be used by property management personnel, maintenance
personnel or security personnel, and one area to be used as a leasing or marketing office.
Because such common areas are not considered Units under this Deed Restriction, they
shall not be included in the calculation of Restricted Units; provided however, that if such
common areas are ever converted into Units, they shall be included in the calculation of
Restricted Units.
C. A Qualified Resident must occupy the Restricted Unit as his or her
principal place of residence. If other occupants of the Restricted Unit are not Qualified
Residents, the Restricted Unit need not be their principal place of residence.
d. At any time that the number of Restricted Units falls below 70% of the
total Units, Master Lessee shall promptly take commercially reasonable efforts in
accordance with applicable law and the Rental Guidelines to lease the next Units coming
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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
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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 of any activity taken in response to any violation of
this Deed Restriction by the Master Lessee, including reasonable attorney fees, shall be
paid promptly by Master Lessee; provided that, if the Town or a court of competent
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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 September 30, 2064.
11. Modification. This Deed Restriction may only be modified by subsequent written
agreement of the Parties.
12. Assi mg Hent. Neither this Deed Restriction nor any of the rights or obligations of
the Parties hereto shall be assigned by either Party without the written consent of the other.
13. Severability. If any provision of this Deed Restriction is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision hereof,
and all of the other provisions shall remain in full force and effect.
14. Governing Law and Venue. This Deed Restriction shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be brought
in Eagle County, Colorado.
15. Third Parties. There are no intended third -party beneficiaries to this Deed
Restriction.
16. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be
in a joint venture with the Master Lessee, and the Town shall never be liable or responsible for
any debt or obligation of the Master Lessee.
17. No Indemnity. Nothing herein shall be construed to require the Town to protect
or indemnify Master Lessee against any losses attributable to the rental of a Restricted Unit, nor
to require the Town to locate a Qualified Resident for any Restricted Unit.
18. Governmental Immunity. The Town and its officers, attorneys and employees,
are relying on, and do not waive or intend to waive by any provision of this Deed Restriction, the
monetary limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to
the Town or its officers, attorneys or employees.
IN WITNESS WHEREOF, the Parties have executed this Deed Restriction on the
Effective Date.
ATTEST:
Patty McKenny, Town Clerk
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
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MASTER LESSEE
LION'S RIDGE APARTMENT HOMES, LLC
BY GORMAN EMPLOYEE GROUP LION'S
RIDGE, LLC, Manager
BY GORMAN & COMPANY, INC.,
Manager
II
Gary J. Gorman, President
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this day of September, 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
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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
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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.
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
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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. Leasiniz 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
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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.
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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
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rnwH of vn' �Ii1
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 2, 2014
ITEM/TOPIC: Adjournment (estimated 8:10 p.m.)
9/2/2014