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2017-01-17 Agenda and Supporting Documentation Town Council Afternoon Regular Meeting
VAIL TOWN COUNCIL REGULAR MEETING Agenda Town Council Chambers 1:30 PM, January 17, 2017 TOM Of UAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment on any agenda item may be solicited by the Town Council. 1. DRB / PEC Update 1.1. DRB/PEC Update 5 min. Presenter(s): Chris Neubecker, Planning Manager 2. Presentations / Discussion 2.1. Discussion on Town Manager Search Process Presenter(s): Ron Holifield, CEO, Strategic Government Resources Action Requested of Council: Provide input on Town Manager Search Process. Background: Vail Town Council selected Ron Holifield of SGR to lead the search for Vail's next Town Manager. Ron will be working with the Town Council to prepare a recruitment plan and timeline in addition to building a profile for the position with feedback from the Town Council, employees and members of the community. 2.2. Electric Assisted Bicycle Update (adopted as Ordinance No. 9, Series of 2016) Presenter(s): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney Action Requested of Council: Review the recommended actions and direct staff accordingly. Background: In June of 2016, the Town Council passed Ordinance 9, Series 2016 which effectively allowed the use of Electric Assisted Bicycles (EABs) to be operated on paved recreation trails in the Town of Vail. The Ordinance requires an update to the Council after 180 days; this serves as the update to Council on the 6 -month trial period of Electric Assisted Bicycles (EAB's) on the town's paved recreation trails. 2.3. Proposal for Modification of the Protective Covenants of Vail Village, Fifth Filing Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Staff requests that the Town Council review the attached materials and presentation during the meeting, and provide any initial feedback on the request. The Town Council is not being asked to make a final decision at this time. Background: An introduction to the Town Council regarding a proposal from 60 min. 10 min. 30 min. January 17, 2017 - Page 1 of 81 VailPoint LLC to modify the existing protective covenants of Vail Village, Fifth Filing related to Block 2, Lot d-1 and Tract E. VailPoint LLC is the owner of the single family home located at 366 Hanson Ranch Road and adjacent to Lot d-1 and Tract E. The Town of Vail is a beneficiary of these protective covenants and as such any modifications require the Town's acceptance and approval. 3. Information Update 3.1. Future Meeting Agenda Topics 5 min. 3.2. Al PP November 7, 2016 and December 5, 2016 Meeting Minutes 3.3. Update on funding for the Intermountain Fuels Reduction Project 3.4. VEAC January 10, 2017 Meeting Minutes 4. Matters from Mayor, Council and Committee Reports 4.1. Parking & Transportation Task Force Update Presenter(s): Dave Chapin, Mayor Background: The first meeting will be an informational session which will include the a review of the current Town Council parking policies, historical and current year stats as well as a discussion about the work plan of the task force. Future meetings will include a review of the parking program operations occurring this winter, the upcoming summer program, and 2017/18 winter parking program. Periodic discussions and recommendations for future operational programming will be presented to the council later in the year. 5. Executive Session 15 min. 5.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) - to receive legal 30 min. advice on specific legal questions, regarding Delponte v Town of Vail, Case No. 15 -CA -1835; 2) C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: Marriott Special Development District. Presenter(s): Matt Mire, Town Attorney 6. Recess 6.1. Recess at 4:05 pm Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, wwwhighfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 January 17, 2017 - Page 2 of 81 hour notification dial 711. January 17, 2017 - Page 3 of 81 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: DRB/PEC Update PRESENTER(S): Chris Neubecker, Planning Manager ATTACHMENTS: Description January 4, 2017 DRB Meeting Results January 9, 2017 PEC Meeting Results TIMM OF9 January 17, 2017 - Page 4 of 81 TOWN OFD MEMBERS PRESENT Doug Cahill Peter Cope Andy Forstl Bill Pierce Rollie Kjesbo DESIGN REVIEW BOARD AGENDA PUBLIC MEETING January 4, 2017 Council Chambers 75 South Frontage Road West - Vail, Colorado, 81657 MEMBERS ABSENT PROJECT ORIENTATION 1:30pm SITE VISITS 1. Sundial Townhomes — 5040 Main Gore PI 2. 4387 Columbine LLC — 4367 Columbine Drive (cancelled/snow) 3. Slifer Square and Fountain — 246 East Meadow Drive 4. Manchester Residence — 2794 Snowberry Drive (cancelled/snow) MAIN AGENDA 3:OOpm 1. Vantage Point Condominium Association DRB16-0502 Matt Final review of a sign (building ID) 508 East Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 1 Applicant: Vantage Point Condominium Association, represented by Dave Moe ACTION: Table to a future date TBD MOTION: Kjesbo SECOND: Forstl VOTE: 4-0-1 (Pierce Abstained) 2. Gasthof Gramshammer Inc. DRB16-0533 Final review of changes to approved plans (gutter/railing/landscaping) 231 East Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 Applicant: Gasthof Gramshammer Inc., represented by Gies Architects ACTION: Approve, with one condition MOTION: Kjesbo SECOND: Forstl CONDITION(S): VOTE: 5-0-0 Matt 1. All future gutter replacements on the property shall match the material, color, and half round gutter design on the new addition. 3. Gorla Residence DRB16-0340 Final review of new construction (duplex) 4822 Meadow Lane/Lot 9, Block 7, Bighorn Subdivision 5th Addition Applicant: Vincent Gorla, represented by Concept 30 ACTION: Table to February 1, 2017 MOTION: Kjesbo SECOND: Forstl 4. Doubletree Hotel DRB16-0529 Final review of changes to approved plans (roof/valet stand) 2211 North Frontage Road West/Lot 1, Vail Das Schone Filing 3 Page 1 VOTE: 5-0-0 Matt Chris January 17, 2017 - Page 5 of 81 Applicant: TNREF III Bravo Vail LLC Widewaters Group Inc., represented by Ed Shagen ACTION: Table to January 18, 2017 MOTION: Kjesbo SECOND: Forst) VOTE: 5-0-0 CONDITION(S): 5. Slifer Square and Fountain DRB16-0537 Final review of an exterior alteration (repairs & modifications) 246 East Meadow Drive/Tract C, Vail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer ACTION: Approve MOTION: Kjesbo SECOND: Forst) VOTE: 5-0-0 6. Manchester Residence DRB16-0536 Conceptual review of a new duplex 2794 Snowberry Drive/Lot 16, Block 9, Vail intermountain Development Subdivision Applicant: Gary Manchester, represented by Intention Architecture ACTION: Conceptual Review 7. Sundial Townhome Association DRB16-0542 Conceptual review of garages 5040 Main Gore Place/Sundial Phase 2 Applicant: Sundial Townhome Association, represented by Pierce Architects ACTION: Conceptual Review 8. 4387 Columbine Drive LLC DRB16-0546 Conceptual review of a new single family home 4367 Columbine Drive/Lot 2, Block 6, Bighorn 3rd Addition Applicant: 4387 Columbine Drive LLC, represented by Green Line Architects ACTION: Conceptual Review STAFF APPROVALS Starbucks DRB16-0535 Final review of an exterior alteration (sign) 675 Lionshead Place Unit 161/Lot 1 & 2, Lionshead Filing 6 Applicant: Arrabelle at Vail Square LLC., represented by Robin Glassman Homestake Condominiums Association B16-0499 Final review of an exterior alteration (re -roof) 1136 Sandstone Drive Buildings A & B/Lot A6, Block A, Lions Ridge Filing 1 Applicant: Homestake Condominiums Association, represented by Snowcap Roofing Inc. Antlers at Vail DRB16-0543 Final review of a sign (directional) 680 Lionshead Place/Lot 3, Vail Lionshead Filing 3 Applicant: Antlers at Vail, represented by Kim Rediker Ritts Residence and Hansen Residence DRB16-0544 Final review of an exterior alteration (solar panels) 1552 Matterhorn Circle Units 3 & 10/Matterhorn Inn Applicant: Justin Ritts, Matthew Hansen, represented by Active Energies Solar LLC Jonathan Jonathan Brian Brian Jonathan JR Brian Jonathan The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Page 2 January 17, 2017 - Page 6 of 81 Town Council Chambers. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Design Review Board will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Page 3 January 17, 2017 - Page 7 of 81 TOWN OF 1AIL 1. Call to Order PLANNING AND ENVIRONMENTAL COMMISSION January 9, 2017, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Members Present: Chairman John Rediker, Brian Gillette, Kirk Hansen, Ludwig Kurz, John Ryan Lockman, Henry Pratt, and Brian Stockmar 2. A request for the review of three (3) variances in accordance with the provisions of Section 12-17, Variances, Vail Town Code. These variances include: (1) a variance from Section 12-6D-6 Setbacks, Vail Town Code, to allow for construction of an addition with a two -foot seven-inch (2' —7") front setback where twenty (20) feet is required; (2) a request for the review of a variance from Section 14-3-2-D Snow Storage, Vail Town Code, to allow snow storage within town right-of-way where no snow storage is allowed; (3) a request for the review of a variance from Section 14-3-2-F Location, Vail Town Code, to allow parking spaces within the Arosa Drive right-of-way where no parking is allowed, located at 2668 Arosa Drive / Lot 5, Block D, Vail Ridge Subdivision, and setting forth details in regard thereto. (PEC16-0039) Applicant: Robert and Mary Lou Armour, represented by Peel/Langenwalter Architects Planner: Brian Garner Action: Approve, with Conditions Motion: Kurz Second: Hansen Vote: 7-0-0 Conditions: 1. Approval of these variances is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of these variances is contingent upon the applicant obtaining a revocable license agreement from the Department of Public Works for use of town right-of-way for two parking spaces and snow storage. 3. This approval does in no way authorize the use of the adjacent town -owned right-of-way for any purpose beyond paving for the driveway and parking as identified on the renovation and addition plans dated 12-05-2016 by Peel/Langenwalter Architects, LLC. No additional improvements of any kind shall be permitted in the town -owned right-of-way. Referencing a PowerPoint presentation, Town Planner Brian Garner summarized the requested variances. The project includes an addition to the front of the house, including a new garage with GRFA above the ground floor. Preexisting conditions preclude other development options. The neighbors support the request. The existing decks and staircases encroach into the front setback. The addition will be as close as 2'-7" to the front property line, but there is still approximately 30' to the pavement of Arosa Drive. Snow storage will be located in the Town right-of-way. Hansen — Has Public Works reviewed the project? Garner confirmed it has been reviewed by Public Works. Gillette asked for clarification as to where the road was within the right-of-way. Pratt - Has the Town ever revoked a revocable right-of-way permit? January 17, 2017 - Page 8 of 81 Rediker — Has Arosa Drive ever been shifted? Or has it always been in the same place? Stockmar — It appears most of the lot is undevelopable. There is a limited buildable footprint. Rediker — Is the Town Attorney aware of what will occur in the right-of-way? Garner responded "Yes" The applicant, Kathy Langenwalter, stated she did not have a presentation to add, but can confirm Arosa Drive has been in the same location since at least 1975. She also confirmed that the Town Attorney is aware of the proceedings and she has met with Public Works. Public Comment: There was no public comment. Lockman — Finds the requested variations meet the criteria. There should not be a negative impact on the neighborhood. Hansen — Concurs with Lockman. Sees no special privilege in granting the variations. Kurz — Concurs with Lockman and Hansen. Asked if this will set a precedent. Garner stated that the criteria is unique when applied to each property and this is a unique case. Pratt —There are site constraints that prevent other locations for the garage. Worried about relying on revocable right-of-way permit for their parking, but finds that the variances meet the criteria. Gillette —Asked if this will appear before the DRB. Garner responded "Yes". Stockmar — Concurred with other Commissioners. The variances are appropriate and necessary based on the site constraints. Rediker—The site is very unique. There are unique topographical challenges that warrant the granting of the variances. Agrees with the findings in the staff memo and oncurs with Commissioner Pratt's comments regarding reliance on the revocable right-of-way permit for parking. 3. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Applicant: Town of Vail Planner: Jonathan Spence Action: Continue to the January 23, 2017 PEC Meeting Motion: Kurz Second: Lockman Vote: 7-0-0 Jonathan Spence introduced the project. Today's meeting is a work session, no specific action will be taken today. Spence summarized what special development districts are and their approval process. The project is located within the Housing zone district, which requires a development plan. The Housing zone district also requires that the PEC prescribe certain development standards: lot area and site dimensions, building height, and density controls (GRFA or DUs/Acre). Other standards are already prescribed within the Vail Town Code. Hansen and Rediker — Asked for clarification as to the standards the PEC will prescribe. George Ruther, Director of Community Development, Will Hentschel of 359 Design and Michael O'Connor of Triumph Development were present as representatives of the development team. Ruther referenced a January 17, 2017 - Page 9 of 81 memo that outlines how the project complies with the applicable criteria. The team expects to ask for a final recommendation from the PEC in two weeks. The goal is for the homes to be complete by the end of the year. Will Hentschel of 359 Design described the project in more detail through the use of a visual presentation. Topics included: project guidelines and goals, existing site conditions, unit count, size and design, site access, roadway design, driveways and parking, landscaping and open space, grading and building orientation, roof design, vehicular and pedestrian circulation, and floor plans and elevations. Gillette — Asked about context sensitive design. Hansen — Asked if street, curb, and sidewalk will belong to the Town. Will Hentschel responded that they will be owned by an HOA. Gillette —Asked for the total amount of bedrooms. Gillette — Commented that the location of the open space may not be ideal. Hansen — Asked about the possibility of solar on the roofs. Gillette —Asked if parking met zone district reguirements. Spence responded "Yes". Hansen — Asked about how the units will be heated or cooled. Will Hentschel responded that it will be forced air. Gillette — Sustainable housing at an 8,000 foot elevation should not require central air. Kurz — Asked about ceiling heights. Will Hentschel responded that the ceiling height is nine feet (9'). Gillette —Asked if the units will be able to pass the blower(?) test. Pratt —Asked about accessibility requirements and for the location and amount of snow storage. Rediker — Suggested elimination of snow storage near the entrance to the project for safety reasons. Hansen — Asked if the program is finalized. Ruther responded that it is finalized. Gillette — Concerned that the site is being underdeveloped, especially considering the Town's goal of 1,000 deed restrictions within ten years. Ruther stated that this project is for a specific market. Gillette stated that the west portion of the site should be denser. Rediker — Asked about interior storage in the units. Will Hentschel described the storage in each unit type. Rediker — Asked about the building heights along the rear of the site, adjacent to Chamonix Lane. Gillette — Suggested moving the buildings to provide more buffer from the gas station. Rediker — Asked for clarification as to how GRFA will be approved, by unit or as one total number. Ruther responded that both will be used. Pratt — It seems onerous to require owners to come back to the PEC for future changes or additions and there should be some built in flexibility, as long as it is not a garage conversion. Lockman —Though it is not the PEC's role, feels that there should be increased density. Given their January 17, 2017 - Page 10 of 8 direction, feels the plan is good. Asked if there are estimated HOA fees. Encouraged the team to research all energy efficiency incentives up front. Suggested an integrated radon mitigation system. Public Comment: There was no public comment. Stockmar — No comments at this time. Gillette — No new comments. Pratt — Agrees with Commissioner Gillette's comments about density, but it is not the PEC's responsibility to decide the policy for the site. Likes the plan and product. Is concerned about the practicality of the proposed snow storage. Kurz — It was decided by Town Council that fewer units were more appropriate in consideration of the surrounding area. Hansen — It's a good project for the market the Town is looking to house. Lockman — No additional comments. Rediker — Concurs with Commissioner Gillette's concerns about density, but it is not in the PEC's purview. Concurs Commissioner Pratt's concerns about snow storage. Is concerned that the amount of guest parking spaces may be insufficient. Asked if this might be an opportunity for the Town to provide public sidewalks along the north side of the road. Gillette — Recommended that the HOA documents prevent people from storing cars in the guest parking for more than 24 hours. 4. A request for a variance from Section 14-6-7, Vail Town Code, pursuant to Section 14- 1-5, Variances, Vail Town Code, and in accordance with Section 12-17, Variances, Vail Town Code, to allow for retaining walls with an exposed face height greater than three feet (3') in the front setback, located at 1255 Westhaven Circle/Lot 45, Glen Lyon Subdivision and setting forth details in regard thereto. (PEC16-0036) Application has been Withdrawn Applicant: Westhaven LLC and Jamie Lipnick, represented by KH Webb Architects Planner: Matt Panfil 5. Approval of Minutes December 12, 2016 PEC Meeting Results Action: Approve Motion: Gillette Second: Stockmar Vote: 7-0-0 6. Informational Update Environmental Sustainability- Storm Water Education - 15 min. Pete Wadden, Watershed Education Coordinator, made a presentation regarding stormwater education. Topics included: a review of aquatic insect scores, stormwater pollution from drainage from impervious surfaces, the difference between sanitary and storm sewers, filtering stormwater runoff vs. moving stormwater runoff into ditches or pipes as quickly as possible, the Town's future marketing plans for stormwater education, and enforcement. Rediker — Asked how many storm drains are in the Town. Wadden estimated approximately 10,000. Rediker asked if they are located mostly on private or public property. Wadden responded they are January 17, 2017 - Page 11 of 8 located on both. Rediker asked for specifics of what is illegal to dump down storm drains and how practical it is to install sand and oil filters on Town property. Wadden stated that the sand and oil filter vaults can be expensive. It is probably not practical to install one for all storm drains, but there are some locations that are worth examining. Lockman — Concerned about the number of locations where pollutants may be entering Gore Creek. Educate the public about the hazardous waste facility in Wolcott, or can the Town help people dispose of such materials? If the punishment was so severe, it can scare people from illegal dumping. Gillette — We should increase our contact with likely polluters such as rug cleaners, contractors, etc. 7. Adjournment Action: Adjourn Motion: Lockman Second: Hansen Vote: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department January 17, 2017 - Page 12 of 8 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Discussion on Town Manager Search Process PRESENTER(S): Ron Holifield, CEO, Strategic Government Resources ACTION REQUESTED OF COUNCIL: Provide input on Town Manager Search Process. BACKGROUND: Vail Town Council selected Ron Holifield of SGR to lead the search for Vail's next Town Manager. Ron will be working with the Town Council to prepare a recruitment plan and timeline in addition to building a profile for the position with feedback from the Town Council, employees and members of the community. January 17, 2017 - Page 13 of 8 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Electric Assisted Bicycle Update (adopted as Ordinance No. 9, Series of 2016) PRESENTER(S): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Review the recommended actions and direct staff accordingly. BACKGROUND: In June of 2016, the Town Council passed Ordinance 9, Series 2016 which effectively allowed the use of Electric Assisted Bicycles (EABs) to be operated on paved recreation trails in the Town of Vail. The Ordinance requires an update to the Council after 180 days; this serves as the update to Council on the 6 -month trial period of Electric Assisted Bicycles (EAB's) on the town's paved recreation trails. ATTACHMENTS: Description Memorandum January 17, 2017 - Page 14 of 8 TOWN OF VAIL. Memorandum To: Vail Town Council From: Department of Public Works Date: January 17, 2017 Subject: Electric Assisted Bicycle Update I. INTRODUCTION In June of 2016, the Town Council passed Ordinance 9, Series 2016 which effectively allowed the use of Electric Assisted Bicycles (EABs) to be operated on paved recreation trails in the Town of Vail. Section 5 of the ordinance required the following: Section 5. Not later than 180 days after the effective date of this ordinance, Town staff shall provide a report to the Town Council that evaluates whether use of electric assisted bicycles on pedestrian paths is safe, prudent, and in the best interest of all users of the Town's bicycle and pedestrian path system, so that the Town Council may determine whether this ordinance should be repealed. The purposed of this memorandum is to update the Council on the 6 -month trial period. II. BACKGROUND An Electric Assisted Bicycle (EAB) is defined by the Colorado Revised Statutes as a vehicle with two or three wheels, operable pedals, and an electric motor not exceeding 750 watts, with a top speed of 20 miles per hour. They can be operated by pedals, by a throttle or as a "pedal -assist" where the motor only operates while pedaling. For all intents and purposes, they are legally considered bicycles, with one notable exception... in Colorado they are prohibited from engaging the motor on designated bicycle and pedestrian trails, unless overridden by local ordinance. There is at least one Vail business currently renting EABs and as they gain popularity, it is likely that more privately -owned bikes will be used in Vail. People use electric bikes for a variety of purposes including recreation, commuting, reducing car trips, because they live in a hilly area, eliminating the need for a shower (i.e. commuting to work) or perhaps due to a disability or other physical challenge. January 17, 2017 - Page 15 of 8 III. THE VAIL ORDINANCE Ordinance 9 defines an EAB as follows: ELECTRIC ASSISTED BICYCLE: A vehicle having two tandem wheels or two parallel wheels and one forward wheel, fully operable pedals, an electric motor not exceeding five hundred (500) watts of power rating, and a top motor -powered speed of twenty (20) miles per hour. This differs from the state definition only in the allowable wattage of the motor. For Colorado, it is a 750 -watt maximum, for Vail, a 500 -watt maximum. IV. SAFETY During the 6 -month trial period, the Town received no reported incidents or complaints regarding the use of EABs on recreation trails. In fact, the police department reports several compliments and even enthusiasm for allowing their use. With that in mind, there is no call to repeal Ordinance 9 over safety concerns at this time. However, it should be noted that the use of EABs is still generally light which raises the potential for future safety concerns as their use increases. V. OTHER CONSIDERATIONS As the Council decides whether to leave Ordinance 9 in place, there are several issues, listed below, for consideration. A list of staff recommendations follows. A. In -town restricted use areas EAB users are not allowed to engage the motors in certain areas including Ford Park, the Village Streamwalk, etc. (see attached map). B. Vail Pass and Dowd Junction Areas outside of town boundaries fall under the jurisdiction of Eagle County. At this time, the county has not passed an ordinance allowing EABs on paved recreation trails. ECO Trails is planning to evaluate EAB use starting this month with the intent of reporting to the County Commissioners in the spring. If they were to allow EABs, it is likely that CDOT would follow suit by allowing EABs on the Vail Pass Trail. C. Speed Limit and Power Requirements Ordinance 9 sets a 500 -watt maximum motor size, and 20 mph maximum speed. Many EAB's have the ability to exceed both of those requirements, including the EAB's in the local rental fleet. D. Throttle vs Pedal Assist Motors on EABs operate in two ways. Some must be pedaled in order to engage the motor. Some can be operated simply by using a throttle and pedaling is not required. Some bikes feature both mechanisms. Is there any reason or desire to differentiate between them in the ordinance? Town of Vail Page 2 January 17, 2017 - Page 16 of 8 VI. STAFF RECOMMENDATIONS Vail is on the leading edge when it comes to allowing EABs on paved recreation trails. The benefits of allowing them include encouraging alternative means of transportation, getting cars off the road, promoting fitness for those who are not likely to ride a regular bike, reducing pollution and generally supporting fun, outdoor activities. As previously noted, Vail has received no reported incidents with EABs. Some other mountain communities have had, and are having conflicts. As use of these bikes increases, Vail should make efforts to stay ahead of potential issues as way of avoiding negative events. In addition, it is important that the Town of Vail respects the desires of adjacent jurisdictions. Staff recommends the following: 1. Install signs in restricted use areas that indicate no use of motors 2. Post 20 -mph speed limit signs along paved recreation trails. As part of that program, add "share the trail/right-of-way" signs that incorporate EABs. In addition, note the 500 -watt maximum motor size to signage. 3. Work with rental companies to ensure they are informing renters of both in -town AND out-of-town restrictions. Rental companies should provide maps of those areas to their renters. 4. Create an Electric Bike web page to help users and private owners understand EAB use in Vail. 5. Work with ECO Trails, CDOT, USFS and others to promote compliance with out-of- town regulations. This may include placing signs at town boundaries and trailheads that indicate no use of motors 6. Staff should spend more time on the town's trails to observe EAB use 7. Report back to the Town Council in one year (December 2017) for an EAB update VII. ACTION REQUESTED BY COUNCIL Ordinance 9 does not expire, and therefore no action is required in relation to the ordinance. The town staff requests that the Vail Town Council consider the previous recommendations and provide direction to staff. Town of Vail Page 3 January 17, 2017 - Page 17 of 8 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proposal for Modification of the Protective Covenants of Vail Village, Fifth Filing PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Staff requests that the Town Council review the attached materials and presentation during the meeting, and provide any initial feedback on the request. The Town Council is not being asked to make a final decision at this time. BACKGROUND: An introduction to the Town Council regarding a proposal from VailPoint LLC to modify the existing protective covenants of Vail Village, Fifth Filing related to Block 2, Lot d-1 and Tract E. VailPoint LLC is the owner of the single family home located at 366 Hanson Ranch Road and adjacent to Lot d-1 and Tract E. The Town of Vail is a beneficiary of these protective covenants and as such any modifications require the Town's acceptance and approval. ATTACHMENTS: Description Staff Memorandum A. Applicant's Request to Council, Pylman and Associates, with Attachments, 12-22-2016 B. Memorandum from Sherman and Howard, with Attachments, Schedule 1 and Schedule 2, 12-22-2016 January 17, 2017 - Page 18 of 8 TOWN OFT) Memorandum TO: Vail Town Council FROM: Community Development Department Jonathan Spence, Senior Town Planner DATE: January 17, 2017 SUBJECT: Proposal for Modification of the Protective Covenants of Vail Village, Fifth Filing LOCATION: 366 Hanson Ranch Road and Vicinity APPLICANT: VailPoint LLC, represented by Rick Pylman of Pylman and Associates I. PURPOSE The purpose of this memo and presentation are to provide an introduction to the Town Council regarding a proposal from VailPoint LLC to modify the existing protective covenants of Vail Village, Fifth Filing related to Block 2, Lot d-1 and Tract E. The Town of Vail is a beneficiary of these protective covenants and as such any modifications require the Town's express approval. It is requested that the Town Council review the materials presented and provide feedback. Specifically, does the Town Council wish to consider modifications to the protective covenants of Vail Village Fifth Filing to facilitate the redevelopment of the subject property located at 366 Hanson Ranch Road, aka Vail Village First Filing, Block 2, Lot D. VailPoint LLC is the owner of this property. II. BACKGROUND Vail Village, Fifth Filing was approved by the Eagle County Board of County Commissioners of November 5, 1965 and subsequently recorded by the Eagle County Clerk and Recorder on November 12, 1966. Lot d-1 and Tract E are held via legal title by the Vail Corporation, successor to Vail Associates, Inc. Lot d-1 is located immediately to the east of the subject property located at 366 Hanson Ranch Road. Tract E is located to the south of the subject property. The subject property, 366 Hanson Ranch Road, aka Vail Village First Filing, Block 2, Lot D is an existing single family home constructed in the early 1960's as the home of Ted Kindel, the original builder and operator of the Christiania at Vail Lodge. The property has functioned as a single family home since that time. The property is surrounded by a split rail fence that was constructed more than thirty years ago. This fence encloses an area larger than the actual subject property and encroaches on Lot d-1 and Tract E. The applicant asserts in the attached materials that the area within the fence has been treated as part of the subject property for more than thirty years and has been landscaped and maintained accordingly. The applicant has entered into a purchase and sale agreement to address this boundary issue. It is unclear at this time what other portions of Tract E may be included in the purchase and sale agreement and what impact the inclusion of additional portions of Tract E, other than the area within the fence, may have on the community. A subdivision process through the Town of Vail will be necessary to facilitate any boundary adjustment. January 17, 2017 - Page 19 of 8 Due to the period of time the fence has been in existence and the continuous use of the area within the fence as part of the subject property, it may be possible for VailPoint to obtain the area within the fence through an adverse possession claim. It is unknown at this time if the existing protective covenants would survive an adverse possession claim. The below graphic, provided by the applicant, demonstrates the location of the subject property, Lot d-1, Tract E and the fence: Itanrh Rd. h_- Fenced Area En[ d.1, 1,906 wire retry 4...11. Tart E:.1,d71.wpae feel C 04.:41404._ .11....1 E ..=in w{uam foot 366 Hanson Ranch Road Vail, Colorado Lot d-1 and Tract E are subject to restrictive covenants. These covenants include the following: A. Protective Covenants of Vail Village, Fifth Filing recorded in Book 187, Page 353 on November 15, 1965. Termed the "1965 Covenants," this covenant placed the following restrictions: Tract E"...shall be used as open areas and for recreational uses, including parking. No permanent above -ground buildings, other that buildings used for recreational purposes, shall be constructed or maintained on any such tracts." Lot d -1 -"...shall be sued for apartments, retail shops, service shops, restaurants and tea rooms, hotels, lodges, professional offices and medical clinics." B. The Amendment to Protective Covenants of Vail Village, Fifth Filing recorded in Book 221, Page 496 on August 30, 1971. Termed the "1971 Amendment," this covenant placed the following additional restrictions on both Lot d-1 and Tract E: "The subject land shall be used, held and maintained in good order and condition by the Town of Vail "subject to existing or recorded easements and rights of way) for Town of Vail Page 2 January 17, 2017 - Page 20 of 8 use at all times as a vacant and undisturbed open area in its natural condition or landscaped with trees, shrubs and grass and no structure, building or improvement of any kind or character, whether temporary or permanent , may be erected or maintained thereon; except as herein provided;" C. The Amendment to Protective Covenants of Vail Village, Fifth Filing recorded in Book 393, Page 492. Termed the "1984 Amendment," this covenant amended the original "1965 Covenants." These amendments had minimal impact on Lot d-1 and Tract E. The revised language pertaining to land use restrictions on these lands is as follows: Tract E-"... shall be used as open areas and for recreational uses, including parking. No permanent above -ground buildings, other that buildings used for recreational purposes, shall be constructed or maintained on any such tracts." Lot d -1 -"...shall be sued for apartments, condominiums, timeshare units, retail shops, service shops, restaurants, tea rooms, hotels, lodges and commercial uses." It is the intent of the applicant to modify the covenants, specifically the "1971 Amendment," for the areas located within Lot d-1 and Parcel E that are also located within the fence as described above. Although the request to modify the covenants is related to the future proposed redevelopment of the property located at 366 Hanson Ranch Road, the actions are not interdependent. It is the applicant's desire to pursue the modification of the covenants exclusive of the redevelopment efforts. The applicant has proposed draft language for the modification of the "1971 Amendment" as Schedule 2, included with the memorandum from Sherman and Howard attached to this memo (Attachment B). Village Master Plan Both Lot d-1 and Tract E are areas included in the Vail Village Maser Plan. While there are no specific recommendations for either area as part of the Vail Village Sub -Areas, Tract E is shown as Open Space on the Open Space Plan. In addition, Goal #4 of the Vail Village Master Plan reads as follows: Goal #4- To preserve existing open space areas and expand greenspace opportunities. III. OBJECTIVES It is the objective of the applicant to modify the covenant restrictions resulting from the "1971 Amendment." If successful, the applicant would subsequently make the following applications to the Town of Vail to facilitate the redevelopment of the property located at 366 Hanson Ranch Road: A. Zone District Boundary Amendment to change the zoning designation for the areas located within the fence but not part of 366 Hanson Ranch Road, aka Vail Village First Filing, Block 2, Lot D (part of) from Agriculture and Open Space (A) District to Public Accommodation (PA) District. (PEC Recommendation. Two readings via ordinance before the Town Council) Town of Vail Page 3 January 17, 2017 - Page 21 of 8 B. An Exemption Plat to amend the property boundaries of 366 Hanson Ranch Road to follow the historic fence line. (PEC review) C. An Amendment to the Vail Town Code to add an additional land use definition for the proposed "Private Lodge." (PEC Recommendation, two readings before the Town Council) D. An Amendment to the Vail Town Code to add "Private Lodge" as a Conditional Use in the Public Accommodations (PA) Zone District. (PEC Recommendation, Two readings via ordinance before the Town Council) E. An Amendment to the Chapter 16 of Title 12, Conditional Use Permits, to add specific criteria related to the proposed "Private Lodge" use. (PEC Recommendation, Two readings via ordinance before the Town Council) F. Conditional Use application for the new use, "Private Lodge" at 366 Hanson Ranch Road. (PEC Review) G. Exterior Alteration for the construction of a new building at 366 Hanson Ranch Road. (PEC Review) IV. STAFF RECOMMENDATION Staff requests that the Town Council review the attached materials and presentation during the meeting, and provide feedback on the request. Specifically, does the Town Council wish to modify the protective covenants of Vail Village Fifth Filing to facilitate the redevelopment of the subject property located at 366 Hanson Ranch Road, aka Vail Village First Filing, Block 2, Lot D. V. NEXT STEPS If the Town Council is interested in pursuing a modification to the protective covenants of Vail Village, Fifth Filing, the next step would be an executive session where the Town Council could discuss the proposal and seek legal advice from counsel. The actual modification of the covenants would occur through the successful execution of the modification document signed by the beneficiaries of the "1971 Amendment," the Town of Vail and Vail Associates, Inc. following a resolution of approval by the Vail Town Council. VI. ATTACHMENTS A. Applicant's Request to Council, Pylman and Associates, with Attachments, 12-22-2016 B. Memorandum from Sherman and Howard, with Attachments, Schedule 1 and Schedule 2, 12-22-2016 Town of Vail Page 4 January 17, 2017 - Page 22 of 8 PYLMAN & ASSOCIATES TO: Matt Mire & George Ruther FROM: Rick Pylman DATE: December 22, 2016 RE: 366 Hanson Ranch Road Covenant Modification The purpose of this memo is to provide a brief overview and graphic support to the accompanying letter from Sherman & Howard dated December 22, 2016 regarding a proposal for modification of protective covenants associated with the property at 366 Hanson Ranch Road. The request for covenant modification is a part of a larger process to resolve several boundary and zoning issues associated with this property. The property at 366 Hanson Ranch Road has an existing residence that was built in the early 1960's as the home of Ted Kindel and his family, the original builder and operator of the Christiania at Vail Lodge. The Town of Vail was incorporated shortly after the lodge and home were built and Ted Kindel became Vail's first mayor. The property, located between the Christiania and the Tivoli Lodge, has served as a single-family home since it was built. The property has been surrounded by a fence for at least 30 years and perhaps as long as 50 years that encloses an area larger than the actual parcel to the south and east, which is owned by Vail Resorts (part of Tract E and part of Lot d-1). The previous owners have all treated the fenced area as part of the property and have landscaped and maintained it accordingly. The owner of the property, VailPoint,LLC has entered into a purchase and sale agreement with Vail Resorts to address this historic boundary issue. In addition to addressing the covenants associated with the fenced in area VailPoint, LLC will submit a subdivision application to the Town of Vail formalize the boundary issue. VailPoint, LLC also intends to submit a comprehensive zoning and development application package that will address non- conforming zoning issues. The current home on the property is non -conforming to the Public Accommodation Zone District as a single-family use and is also non -conforming to the minimum lot size. Attached please find an annotated aerial photo and three site photographs. The site plan and photos provide visual context to the "Fenced Area" described in the Sherman & Howard letter. We look forward to working with you to address this covenant modification request. 137 Main Street, Suite C107W Edwards, Colorado 81632 Phone: (970)-926-6065 Fax: (970)-926-6064 Email: rick@pylman.com January 17, 2017 - Page 23 of 8 Christiania 366 Hanson Ranch Rd. Tivoli Lodge Tract E Tract E Fenced Area Lot d-1: 1,906 square feet Tract E: 3,474 square feet 5,380 square feet 366 Hanson Ranch Road Vail, Colorado 140;ft Portion of Lot d-1 & Tract E �� OMA Date: December 2016 January 17, 2017 - Page 24 of 81 366 Hanson Ranch Road Vail, Colorado Lot d-1 and fence from Hanson Ranch Road January 17, 2017 - Page 25 of 81 Date: December 2016 January 17, 2017 - Page 26 of 81 366 Hanson Ranch Road Vail, Colorado House and Tract E Fenced Area ,PYLMAN tv. ASSOCIATES 000; Decxmliec 201 [, January 17, 2017 - Page 27 of 81 SHERMANBfHOWARD 633 Seventeenth Street, Suite 3000, Denver, CO 80202-3622 Telephone: 303.297.2900 Fax: 303.298.0940 www.shermanhoward.com Rebecca Anderson Fischer Sherman & Howard L.L.C. Direct Dial Number: 303.299.8324 E-mail: rfischer@shermanhoward.com December 22, 2016 Mr. Matt Mire Town Attorney Town of Vail, Colorado 75 South Frontage Road Vail, Colorado 81657 Re: 366 Hanson Ranch Road Proposal for Modification of the Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado Dear Mr. Mire: On behalf of VailPoint, LLC, a Colorado limited liability company ("VailPoint"), I am writing in connection with VailPoint's proposal for the renovation of its property at 366 Hanson Ranch Road (the "VailPoint Property"). That proposal includes a request addressed by VailPoint to the Town and to The Vail Corporation for the execution and recording of a modification of the Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado. My purpose is to provide you with the background and reasons for the VailPoint proposal. The VailPoint Property The VailPoint Property is located on the site described as a part of Lot d, Block 2, Vail Village, First Filing. The VailPoint Property lies immediately to the west of the property platted as Lot d-1, Block 2, Vail Village, Fifth Filing ("Lot d-1"), and to the north of Tract E in Vail Village, Fifth Filing ("Tract E"). The Vail Corporation, as successor to Vail Associates, Inc. (which, in turn, was the successor to Vail Associates, Ltd.), holds legal title to Lot d-1 and Tract E. The Fenced Area An improvement location certificate prepared by Eagle County Engineering and Surveying, Inc., to depict the VailPoint Property in April 1987 confirms that, at least since the January 17, 2017 - Page 28 of 8 date of that survey, the use of the VailPoint Property has extended to a portion of Lot d-1 and a portion of Tract E, in areas enclosed by a fence shown on that survey (the "Fenced Area"). For a period of almost 30 years, then, and perhaps longer, the owners of the VailPoint Property have retained the right to access and occupy the Fenced Area, to the exclusion of The Vail Corporation (and its predecessor owners of the VailPoint Property) and all other parties. The Protective Covenants Title to Lot d-1 and Tract E is subject to the restrictive covenants documented in the following series, copies of which are attached as Schedule 1: A. The Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado, recorded in the Eagle County records on November 15, 1965, in Book 187 at Page 353 (the "1965 Covenants"), by which Vail Associates, Ltd. established a regime of covenants and restrictions for the benefit of all persons owning or leasing any of the tracts, blocks and lots located within Vail Village, Fifth Filing. B. The Amendment to Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado, recorded in the Eagle County records on August 30, 1971, in Book 221 at Page 496 (the "1971 Amendment"). C. The Amendment to Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado, recorded in the Eagle County records on August 27, 1984, in Book 393 at Page 492 (the "1984 Amendment"). The 1965 Covenants and the 1984 Amendment apply generally to all the property in the Fifth Filing. In contrast, the 1971 Amendment applies only to Tract E and Lot d-1. The 1965 Covenants (as modified slightly by the 1984 Amendment) imposed the following land use restrictions on the land adjacent to the VailPoint Property: 1. With respect to Lot d-1, restrictions allowing use of the land for apartments, condominiums, retail shops, service shops, restaurants and tea rooms, hotels, lodges, professional offices and medical clinics, as set forth in Section 2.2 of the recorded covenants; and 2. With respect to Tract E, restrictions allowing use of the land as open areas or for recreational uses, including parking; and prohibiting the construction or maintenance of permanent above -ground buildings, other than buildings used for recreational purposes, as set forth in Section 2.4 of the recorded covenants. 2 January 17, 2017 - Page 29 of 8 However, in the 1971 Amendment, Vail Associates, Inc., as owner of Lot d-1 and Tract E, voluntarily imposed limitations on the use of Lot d-1 and Tract E in addition to those appearing in the 1965 Covenants. Those additional limitations include the provisions of Section 1.2 of the 1971 Amendment, and that section, referring to Lot d-1 and Tract E as the "Subject Land," reads as follows: The Subject Land shall be used, held and maintained in good order and condition by the Town of Vail (subject to existing or recorded easements and rights of way) for use at all times as a vacant and undisturbed open area in its natural condition or landscaped with trees, shrubs and grass and no structure, building or improvement of any kind or character, whether temporary or permanent, may be erected or maintained thereon; except as herein provided;.... Notwithstanding the terms of the 1971 Amendment, the Town has never held ownership of Lot d-1 or Tract E, and at least since April 1987, the Town has had no part in maintaining the land within the Fenced Area or restricting its use as vacant and undisturbed open space, free of any improvement. Instead, for 29 years or more, the owners of the VailPoint Property alone have occupied and maintained the Fenced Area and improved the parcel with permanent fencing, without intervention on the part of the Town, Vail Associates as the owner of Lot d-1 and Tract E, or any other member of the Vail community. Procedures for Modification of the Protective Covenants As mentioned above, the 1971 Amendment differs from the 1965 Covenants and the 1984 Amendment in that the 1971 Amendment encumbers only Lot d-1 and Tract E, and not the balance of Vail Village, Fifth Filing. Vail Associates, Inc., sole owner of those parcels in 1971, was entitled to act and did act unilaterally in striking an agreement with the Town for the maintaining those parcels and subjecting them to the additional restrictions of the 1971 Amendment. At the same time, Vail Associates, Inc. reserved for itself and for the Town the right to change those additional restrictions, without the requirement for the vote of other owners of property in the Fifth Filing. Specifically, in Paragraph 2 of the 1971 Amendment, Vail Associates, Inc., provided as follows: The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated or amended except by written consent of both Vail Associates, Inc. and the Town of Vail to be filed of record in the office of the Clerk and Recorder of Eagle County, Colorado. 3 January 17, 2017 - Page 30 of 8 VailPoint Proposal To restore the harmony between the long-standing, historical use of the Fenced Area on the one hand, and the open space benefits intended by the Vail Village, Fifth Filing Protective Covenants on the other hand, VailPoint is requesting that the Town join with The Vail Corporation, as the current owner of Lot d-1 and Tract E, in modifying the 1971 Amendment for the purpose of lifting the 1971 Amendment's restrictions from the Fenced Areas only. A proposed Modification of Amendment of Protective Covenants of Vail Village, Fifth Filing, drafted in consultation with representatives and counsel for The Vail Corporation, accompanies this letter as Schedule 2 for consideration by the Town. The new Modification would accomplish these objectives: 1. The portions of Lot d-1 and Tract E outside the Fenced Area would remain protected under the 1971 Amendment as "a vacant and undisturbed open area in its natural condition or landscaped with trees, shrubs and grass" with "no structure, building or improvement of any kind or character, whether temporary or permanent," except as expressly permitted by other provisions of the 1971 Amendment. 2. The portion of Lot d-1 inside the Fenced Area would be returned to the category of property permitted for use as a lodge, as allowed by the 1965 Covenants, but with appropriate conditions administered by the Town following all required deliberations, hearings and approvals relating to VailPoint's applications for the renovation and rezoning of the VailPoint Property. 3. The portion of Tract E inside the Fenced Area would be governed again by the original standards in the 1965 Covenants, providing for use of the land as open space without permanent above -ground buildings. Thank you for your consideration. Please contact me if I may assist with any questions or requests. Sincerely, 1 e, cc a Rebecca Anderson Fischer cc: Mr. George H. Solich 4 Active/44464413.4 January 17, 2017 - Page 31 of 8 Schedule 1 January 17, 2017 - Page 32 of 8 353 PROTECTIVE COVEN,ANT$ OF NATL VILLAGE, FIFTH FILING, EAGLE COUNTY, COLORADO 1 !i WHEREAS, Vail AssoCiates, Ltd., a limited partnership, is the owner of the following -described lands: Beginhing at the NW corner of the SE1„5"NW1/4 of said Section 8-; thence angle left900.357" from the West line of said SEhNW1/4 and aliong the Southerly line of LofS a and b, EloCk 2, Vail Village, First Filing, 100.0-0'.; thence angle left 29°59'08" and along the Southerly line -a of Lots -b and c said Block 2, 102.50'; thence angle left 87°2$' Q0" and along the Easterly lines of Lot .c said Block 2 and Lot h, Block -Vail Village, Fitst Filing, 15-8.61'.7 thence angle right .03'58'00" and along the Easterly lines of I,Pte e, f and g said B/odk 5-A, 90.00; thence angle right 23'33'00'" and along the Easterly lines of •Lots a, la, c avdrd pf said Slock-5:-A, 89.98to the North, Oast corner of ,a.d Lot a; thence angle. right 01'11'56", 40.42' to the Southeast corner of Lot e, Block 5, Vail Vi4lage, ,First Filing; thence angle right 97'44'.40" and on a curve right, radius 325_89", central angle 01°05'31:1", -arc length 6.21' to a point of compound eurve; thence on a curve right, raAioa 65.80' central angle 225501', arc length 26.32' to the SW corner of Lot 1 of "Plat of the Resubdivision of Block 5 and a part 'of Gore Creek Drive, Vail Village, First Filing;" thence along the Southerly lines of said resuhdivision through the following 15 numbered courses : No. 1 - angle left D9°08'37", 20.29'; No. 2 - angle right 03' 50430', 4-66'; No. 3 - angle right 00 0300 25,00'; No,4 - angle left 06'58400', 2.28:"; No, 5 - angle right 03s27k0Art 20.47'; No. 6 -angle left OS°38'30", 27.47'7 No. 7 - angle left 07°23'30" 26.87'7. No- 8 - angle left 05°55490", 13.03'; No-. 9 - angle left 01"00-'00", 1315'7 No. 10 - angle right (11°0000", 25.05'; No 11 - angle right 0°57'00", 2.4.991 NO-- 12 - angle right 01'16'00", 21-5S'.; No. 13 - angle right 03'12'00', 21.46'; No. 14 - angle right 01'08400', 23.06'; No. 15 - angle right 0112'00", 27,11'; No 16 - angle right 04* 46004', 17.96'; V°. 17 - angle J. -eft 07°58'00', 6.91'; No, 18 - angle left 04°46_'30",26 61 thence angle left WA3'6".i rE,,i4aW; thence angle left 15°28'54", Eagle - 1184548-1883 January 17, 2017 - Page 33 of 8 3 5'4 - :r.. • . 1, • >k -44.73' to a point of curve; thence on a curve left, radiu-s 174.98` central angle 00'58'44", arc length 2.99' to the Southwest corner of Lot 14, Block 5, Vail V-illage, First FiLii#g; thence angle left 75° 38'16". along the Westerly line of said Lot 14, 106.51' thence angle right 72°43'00" along the Northerly line of- Lots .14 through 18;, said Block 5, 136.53'; thence angle left 76°04'39" along a curve, left, radius 856.39', central angle 00"09'50", ar-c length 2.45' to a point of compound curve; thence on a curve left, radius 70.00', central -angle 30°43'4:6", arc Length 37.54' to a point of tangent; thence no said tangent 79.37' to a point of curve; thence on a cure right, radius 130.00', central_ angle 15°02'25"; are length 34.12' to a point of tangent; ,thence on said tangent 77.37'; thence angle rtight 90°00'00", 50.00'; thence angle right 90° 0D OO{_,: 77.37'; thence angle left 95°22'23", 55.11'; thence angle right 42°49'47", 6.76'„ thence angle left '25'57'47' ei5d along the Southerly line of Tract B., Vail 'pillage, First Filing, 100;00'; thence angle nigh' 25'58'00" and along the Southerly line of said Trac B 170.00'; thence angle left 90°00'00" and along the Easterly -1+ine :of .said Tract B 198.31' to the. Southerly right of way line of U. S. Highway No. 6; thence angle right 90°O0'00" an along said Southerly line 360.3.0' to a point on the Easterly line of the NE4of the -NW .bf said Section 8; thence angle right 79°.44'07" and along said Easterly line :5.24.45' to a point -on the boundary ojr Vail Village, Fourth Filing; thence 'angle "right 100°40`00' along sand boundary line 200.00'; thence angle left :90°00'00" and along sad,d boundary line 89.99'; thence angle right 106'51'19" and a=long said boundary line and along :a curve right, radius 70.00', central angle 57°08'41", arc length 8.73' to a..point of -tangen't's thence along said tangent and along said boundary 4.6'1 thence angle left 9.0°00'00" and along said boundary 40.00'; thence angle, left 90° 00'0.0" and along said boundary 4.56' to a point of curve; thence -along said boundary and along a' curve left, radius 110.00" , central angle 24'00400".;_ arc length 46.08' to a point of tangent; thence alogg said tangen and along said boundary 204.7-5' to a point on the East r1y line of the NErd of the NWA of said S'ection 8; the ce angle right 79°20'00" and along said Easterly line 134.17' to the Northeast corner_of the sEA of the NW of said Section -8;'thence continuing along the afore aid course and.along the Easterly line' of said 8E4 of s id NWA 465.91'; -2- 7 Eagle - 1184549-1883 January 17, 2017 - Page 34 of 8 1 Jr • 3155 thence angle right 9700006." and along the boundary of Tract F, Vail Village, FltstFilinO, 446.70'; thence angle right 610-'42" and along said boundary 202.56'7 thence angle left 56'39'42and along Said boundary 161.92"; thence angle right 90°00'00" and along said boundary and •along a curve right, radius 161.92', central angle 28'4300°, arc length 81.15'; thence angle. left 900080" 40_0,0'1 thence angle left 90°060,0" and along the boundary of Tract E, Vail Village, First Filing, and along a curve right, radius 126.05', central ang1O 12' 3500", arc length 27.6.8" to a point pf tangent l thence along said tangent and along said boundary 106.85' to .a point of curve; thence along said boundary and along a curve- right, radius 6314.04, central angle 08'16'30", arc length .91.13'4. thence anglexight 90°00'00" and along said houndary. 50.55'1 thence angle 10ft 503.9 30" and along said boundary 152.00'; thence angle left a' 4000" and along said boundary 250.00'; thence ang-1 left 95°20'00" and along said boundary 145.00'1 the cel angle right 50'2600' and along said boundary and a ong a curve left, radius 8'5;00', central angle 97'45'00', arc length 145.02' to a point of compound curve;. th nce along said boundary and along a .cure left, radius 486.5.0', central angle 04°38'18°, arc length .118.72'; thence Angle right ..8533"48" and along said boundary 54..82-; th e angle left 44°,01'.3.0° and along Oaid boundary 97.92r thence angle right 14332'00"and along said boundary 322.05' to a poInt on the Masterly line of the SEk the NWS of said Section 8.; thence angle right 62'l5 57 and along said'Westerly line 443.41' to the point beginning, except MOO: 2, Lot d? Vail Village, Fi piling -and except SlOck 4, Naiil vlllaga, First Fj1j. WHEREAS, Vail Associates, Ltd.., hereinafter Somet reEatt'ed to as Owner, -desires to place certain restrictiO on the use of the Tracts, Blocks and Lbts shown on the Map of Ail Village, Fifth Filing, for the benefit of the Owner, and i respective oragtees, successors and assigns, in order to e tablish and maintain the character and value of real estate in Vai Village. NOW, THEREFORE, in conaiderapon ty.f. the premises, Vall Assotiates, Ltd for itself and its grantees, successors a d assigns, does hereby -impose, establish, publish, acknowledg declare .aild agree with, to and for the benefit of all persols who may hereafter purchase .or lease and. from time to time zo ow, or hold any a the Tracts, Blocks and Lots in Vail Village, Fi-th Piling. -algt it owns and holds all of the lands in Vail Vil age, Eagle - 1184550-1883 --n January 17, 2017 - age 35 of 8 35'6 . • Finn Filing, siibject to the following restrictions, :covenants, ::and Gond oons ;a:ll of which shall - be deemed to run with the land pnd,to inure to :the benefit :of and be binding upon the Owner, its respective grantees, successors and assigns, 1 PLANNING AND ARCHI'rEC,TURAL CONTROL COMMITTEE 1._1Committee. The. -Planning and 'Architectural Control CoFnmittee, hereina-fter referred to as The Committee, shall :consist of live members who shall be designed by, the Owner, its successor or assigns, to review, stud -y, and approV.e or reject proposed improvements within the area described in the Map of. Vail Village, Fifth Filing. of wh-ich these restrictive 'covenants are made a .part. 1.2 Rules. The .Committee shall make such rules and by-laws and adopt such procedures as it may deem appropriate to :g+overn ice.. proceedings,. 1_.3 .Approval of Plan. No building, out 'building, fence, :wall or :other improvement shall be constructed, erected, or maintained on any Tract, Block or Lot,. nor shall any addition thereto, or alteration therein be .made, -Until plans and specifi- cations showing the color., location, materials, landscaping, and such other information relating to such :improvement as The Committee may reasonably require shall have been submitted to and approuex3 by The -Committee innwriting. 1.4 Criteria,. In passing upon such plans and specifi- cations, the -Comm ttee shall consider:: materia is of which it it is t6 be located; 1:4.2 improvement, The suitability n_£ the improvement and is to ;be constructed to the site upon which The nature - of aAj.acent end neighboring 1.4_3 The quality :oi the. materials to be utilized in any laroposed improvsmeTt:,. and the ,outlook certain thatto others:i 1-4:.4 The effect 'of any'propos.ed improvement on o€ any adjacent or, neighboring property.. n It shall be an ,objective of The- Committee to make no improvement will be so Similar or so dissimilar .:the vicinity that •values., monetary -or aesthetic, will be imps is ed • .1' Eagle - 1184551-1883 January 17, 2017 - Page 36 of 8 1 357 1.5 Effect of The Committee's Failure .to Act. I -n the event the Committee fails to -approve or disapprove plansaitd speci- fications submitted to. it within sixty days of submission nd no Snit to' -:enjoin the oonstruetion has: been commenced priort.s the completion thereof, approval shall not be required and the related covenants shell::be determined to have been fully complied ith 2. LAND USE The lands in Vail Village, Fifth Piling, shall for the following. purposes: 2.1 The numbered Lots in: Block 5 shall be used for.row-houses.. 2.2 The lettered Lots :in Blocks 2, 3, and 5-A s used for apartments, retail shops, ,service shops, restauran tea rooms., hotels, lodges, professional offices arid medical 2.2 Tracts R-1, P-2 and P-3 shall be used for p and .assoc:abed uses:. 2.4 Tracts A, E., P, :F-14 !F--2 and .G shall be use: ppen areas or for recreational uses, ,includiing parking. No above -ground buildings other than buildings used for recrel purposes, shall be constructed_ or maintained on any of such 2.5, 'Tract D shall be dedicated. to such use as VI Associates, Ltd, ans3•its successors and assigns shall desigl eluding commercial use, but in. no event shall such des gnat. inconsistent with these covenants. I. EASEMENTS AND RIGHTS of -NAY used only- hall nly hall be- ts and clinics. rking as permanent tional tracts. it ate, in- 3 use be 3.1 Easements and rights-of=way for roads, 1igh4ing, .heating, electricity,as, g telephone, water, sewerage, bri.di}e paths, and pedestrian traffic,: and any other kind of public or qua. public utility service are reserved as shown on the plat of Vail Vit lege, Fifth Filing. No fence., -wall, hedge,''or Other oother iempro'rement shall be erectedor maintained along, on, across or within the areas reserved for •easeaents and rights-of-way. 4. SIGNS., Sosigns, billboards, poster boards or ad vertising structure of any kind shall''•be erected or maintain d on any lot or structure. for any purpose Whatsoever, except such signs as have been approved by the Committee as reasonably necessary for the identification of residences and plaees of business. 5- -WATER AND SEWAGE_ ,Each structure designed for ocupancy or: use.by human beings shall connect with the water and sewerage. facilities of the Vail Water and Sanitation District. No pr' vete -5- Eagle - 1184552-1883 January 17, 2017 - age 37 of 8 358 well shall{be used_as-a source of water for human consumption or irrigation in Vail V-illege,.Fifth Filing, nor shall any facility other than those provided by the Vail Mater and Sanitation District ;be.used for the disposal ob. sewage. Mechanical garbage :disposal facilities shall be provided In eAhh kitchen :or food preparing area. - - - - - 6. TRASH AND GA=RBAGE:. Notraah., ashes or other refuse may be thrown or du=nned on.; -any land within Vail Village, Fifth Filing.. The burning or --:refuse out of doors shall not be permitted in Vail Village, Rifth,.F31inq. No incinerator of other device for the burning of refuse indoors.: shall be constructed, installed or used by any person except as approved by "the Committee. Each property owner shall provide suitable receptacles for the collection of .refuse Such receptacles shall ha screened from public view and protected from disturbance. 7 LIVESTOCK. 'No animals, 'livestock, horses or poultry of any kind, except dogs, -eats -and other household pets, shall be kept, raised or bred in Vail Village Fifth Filing, except a:n areas designated for;such purposes' by the Committee. $c TREES:. Notrees Shall be cut.,-trinmmed:or removed in Vail Village, Fifth Filing, except 'nth prior written approval of the -Committee and 12Y persons designated 'by the committee 9. SET BACK REQUIREMENTS_ There -shall be no general r-e- quirement for the location of improvements with relation to prop- erty lines but the location of each improvementmust be approved in advance by the Committee. Mn determining the: proper location for each improvement., the'Conmittee shall consider the location _of existing and future improvements on adjacent property, the wishes: of adjacent property owners:, and such other monetary or aesthetic considerations :as it may deem appropriate • 10. LANNSCAFING AND. GARDENING, All surfaceareasdisturbed by construction shall be returned promptly totheir natural con- dition and replantedin native grasses,' except where such areas, are to be improved by the construction of -.gardens lawns and_ exterior.li.ving area's;; which will be permitted only after the plans therefor shall. have been approved.by the Committee. 11. AREA REQUIREMENTS. No structure designed for human use. •or habitation shall be constructed unless the aggregate floor area, exclusive orf open porches, basements, carports and garages, shall • Eagle - 1184553-1883 January 17, 2017 - Page 38 of 8 • be in excess of D DO square feet. TSe Committee 'shall determine from the designOfthe: improvement whether an area which i partially below grade shall ;qualify as areas to be include wlithin the minimum permissible area. 1i.- TRADE NAMES. No word, name, symbol., or combin tion thereon small be used to identify for :cemmere:ia.l purposes house, structure, business or service den Vail 'Village, Fifth Filing, unless the same shall have been first approved in -writing by the. ommittee. . l3_ -TEMPORARY STRUCTURES: 'No. temporary structure, excava- tion, basement, trailer or tent shall'be permitted in Vail Village, Fifth Filing,: except es maybe necessary during constr-uctin and autho-ri$ed by the Committee., 14. CONTINUIT:y OF`:CONSTRUCT'ION;. A.11 structures coiTmenced in Vail 'illa4e,, Fifth Filing, shall be_prosecuted -diligently to completdon acnd.shall:be completed -within 12 months of co cement, except with written :consent of the Committee. 15, NUISANCE, No noxious or affensive activity sh 11 be carried on nor skull anything be done or permitted which slIal.l constitute a public nuisance in Vail Village, Fifth Filing -] II 16_ EFFECT AND DURATION OF COVENANTS The conditi4ris., restrictions, stipulations agreements and covenants costa sed herein shall be for the benefit of and be:bJnding upon each tract -in Vail Village, Fifth•Filing, and each owner of property there- in., his :snccesserrs, representatives and assigns and shall•gontinue in full force and effect until January 1, 1999., at which time they shall be automatiCa1iy extended for -5 successive terms of 10. years each_ 17,. AMENDMENT,. The conditions, restrictions:, stip 'la, tions,.agreements and covenants contained herein. shall notib_e Waived, abandoned, terminated, or amended except by written: consent of the owners of 75% of the privately -owned. land. included wlith:in the boundaries of Vail Village, Fifth Filing, as the same May be then :shown by the Plat an file in the office of the .Clerk aria Recorder of Eagle County, Colorado,' 18, ENFORCEMENT. If.,any person shall violate er tbilreateri to violate any .of the provisions of this instrument., it shall be lawf01.'for any person or persona ownxng..real property in Vail • Eagle - 1184554-1883 January 17, 2017 - Page 39 of 8 3k6 0 :• ;{ .- :_ ' .,. Village, Fifth Filing, to institute proceedings a't`1aw or in equityto enforce the provisionsofthis .instrument, to restrain the person violating or threatening to violate :them, and to recover damages, ',actual ..and ':punitve, for 'such violations. 19. SEVERABILITY. Invalidation of any one of the provi- sions of this, -ins rument by judgment or court order or decree sharLl in no wise affect any of the other provisions which shall remain in full force and effect,. P EXECUTED this' .5day of .?..--_,,cu) _1965. VAIL ASS, IATES LTD.,A Limited _ mC J Partner§hip! _ Y a > : - By _ 0 '�_ Peter'W. Seibert, General Partner ATTEs;#%! By The Vail Corporation General Partner ',Beulah Parrott., Asst.Secretary Peter W. Seibert., President STATE OFCOLORADO_. ). CITY AND couNTY`OF DENVER ) • The. £oregoirg_.nstru_ment'was acknowledged before me this. day of 9b5:, by Peter W. Seibert, one of the General Partners of. Vail, Associates, Ltd_, a limited partner - _ and by Feter W..Seibertas ppes_ident and Beulah Parrott,Asst. secretary `of .The Vai1,Corpgration, which corporation in the other, :General Partner of Vzil Associates, Ltd _- �a A3937NE,Ss my hand and official ea 1. AkCJA cf5nm ssion expires: !i Notary Public • Eagle - 1184555-1883 January 17, 2017 - Page 40 of 8 AMENDMENT TO PROTECTIVE COVENANTS OF VAIL VILLAGE, FIFTH FILING EAGLE COUNTY, COLORADO WHEREAS, Vail Associates, Inc., a Colorado corporation is the owner of the following described land (hereinafter refer- red to as Subject Land) : TRACT E, VAIL VILLAGE, FIFTH FILING AND ADJACENT LOT D-1 WHEREAS, Vail Associates, Inc., hereinafter sometimes referred to as Owner, has placed certain restrictions on the use of the Tracts, Blocks and Lots of the Vail Village, Fifth Filing for the benefit of the Owner and its respective grantees, suc- cessors and assigns, said restrictions being filed of record in the Eagle County, Colorado, records at book number 187 and at page number 353. WHEREAS, Owner desires to place certain additional restrictions on the use of the Subject Land for the benefit of the Owner and its respective grantees, successors and assigns, in order to further establish and maintain the character:and value of real estate in the vicinity of the Town of Vail. NOW THEREFORE, in consideration of the premises, Vail Associates, Inc., for itself and its grantees, successors and assigns, does hereby impose, establish, publish, acknowledge, declare and agree with, to and for the benefit of all persons who may hereafter purchase or lease and from time to time so own or hold the Subject Land in Vail Village, Fifth Filing, that it owns and holds all of the Subject Land in Vail Village, Fifth Filing, subject to the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and to inure to the benefit of and be binding upon the Owner, its respective grantees, successors and assigns: 1) LAND USE 1.1. No use of the Subject Land shall conflictwith or violate any provision of the "Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado" as recorded in Book 187 at page 353 of the records of the Clerk and Recorder of Eagle County, Colorado; 1.2. The Subject Land shall be used, held and main- tained in good order and condition by the Town of Vail (subject to existing or recorded easements and rights of way) for use at all times as a vacant and undisturbed open area in its natural condition or land- scaped with trees, shrubs and grass and no structure, anuary , - -age building, or improvement of any kind or character,. whether temporary or permanent, may be erected or maintained thereon; except as herein provided; 1.3. Improvements necessary, desirable or convenient for the provision and maintenance of utility services.. may be constructed and maintained through or under.,.the: Subject Land; provided that said improvements shall. not cause permanent disruption or.alterati.on to the: surface of the Subject Land. 1.4. That portion of the Subject Land described as follows: A parcel of land lying in Tract E, Vail Village, Fifth Filing, Town of Vail, Eagle Colorado, Colorado, described as: Beginning at the Northwest Corner of said Tract E, which Corner is the Northwest Corner of the Southeast Quarter of the Northwest Quarter of Section 8 Township 5 South, Range 80 West of the 6th Principal Meridian, thence S 0 12'03" E.154.35 feet along the Westerly line of said Tract E; thence N 79 45' E 84.62 feet more or less to the Northwest Corner of Lot 1, Block 1, Vail Vil- lage, Fifth Filing, which Corner is also on the Southerly line of said Tract E; thence continuing N 79 45' E 175.00 feet along said Southerly line which is also the Northerly line of said Lot 1 and Lot 2; thence N 35 15' W 96.00 feet; thence N 0 34'01" E 89.41 feet; thence S 59 45' W 15.00 feet more or less to the Southeast Corner of Lot C, Block 2, Vail Village, Fifth Filing which Corner is also on the Northerly line of said Tract E; thence continuing along said Northerly line of said Tract E which is also the Southerly line of Lots C, B, and A, Block 2, Vail Village, Fifth Filing on the follow- ing two courses: (1) S 59 45' W 102.50 feet, and (2) S 89 44' W 100.00 feet to the point of beginning, containing 32,814.23 square feet or 0.7533 acres more or less, reserving from the above parcel the West 50 feet thereof for an access Right -of -Way to adjoining parcels of land; may be used as a children's playground upon which may be erected and maintained limited amounts of playground equipment; provided such equipment is not motor or engine powered or accompanied by music; 1.5. One east -west, paved pedestrian walkway and a foot bridge across Mill Creek may be constructed through Tract E, north of Block 1, Vail Village, Fifth Filing, and south of Block 2, Vail Village, Fifth Filing, and one north -south, paved pedestrian walkway may be con- structed through Lot D-1, to a point of intersection with the paved walkway through Tract E. 1.6. That portion of the Subject Land described as follows: -2- A parcel of land lying in Tract E, Vail Village, Fifth`:Fi Town of Vail, Eagle County, Colorado, described as: Beginning at the Northwest Corner of said Tract::.`. tach Corner is the Northwest Corner of the Southeast Quarterf't' Northwest Quarter of Section 8, Township 5 South, Range '80 `t:of the 6th Principal Meridian, thence S 0 12'03" E 154.35 fee€along: the Westerly line of said Tract E; thence N 79 45' E 84.62 feet>;.;;;; more or less to the Northwest Corner of Lot 1, Block 1, Vail Vil- lege Fifth Filing, which Corner is also on the Southerly line of said ;Tract E; thence continuing N 79 45' E 175.00 feet along said Southerly line which is also the Northerly line of said Lot 1 and Lot 2; thence N 35 15' W 96.00 feet; thence N 0 34'01" E 98.41 feet; thence S 59 45' W 15.00 feet more or less to the Southeast Corner of Lot C, Block 2, Vail Village, Fifth Filing which Corner is also on the Northerly line of said Tract E; thence continuing along said Northerly line of said Tract E which is also the South- erly line of Lots C, B, and A, Block 2, Vail Village, Fifth Filing on the following two courses: (1) S 59 45' W 102.50. feet,, and (2) S 89 44' W 100.00 feet to the point of beginning, containing 32,814.23 square feet or 0.7533 acres more or less, reserving from the above parcel the West 50 feet thereof for an access Right -of - Way to adjoining parcels of land; and A parcel of land lying in Tract E, Vail Village, Fifth Filing, Town of Vail, Eagle County, Colorado, described as: Commencing at the Northwest Corner of said Tract E, which Corner is the Northwest Corner of the Southeast Quarter of the Northwest Quarter of Section 8, Township 5 South, Range 80 West of the 6th Principal Meridian, thence S 0 12'03" E 154.35 feet along the Westerly line of said Tract E; thence N 79 45' E 50.78 feet to the true point of beginning; thence S 0 12' 03" E 267.72 feet parallel with and 50 feet from said Westerly line of Tract E; thence S 62 28' E 224.20 feet more or less parallel with and 50 feet from the Southerly line of said Tract E to a point on the Westerly line of Lot 13, Block 1, Vail Village, Fifth Filing; thence along the Westerly line of said Lot 13, of Mill Creek Circle and of Lot 1, Block 1, Vail Village, Fifth Filing, which is also the Easterly line of said Tract E on the following five courses: (1) N 26 00' W 12.90 feet; (2) N 18 01'30" E 54.82 feet to the Northwest Corner of said Lot 13 and a point on the arc of a 1466.50 foot radius curve; (3) Northwesterly 118.72 feet along the arc of said curve to the right whose central angle is 4 38'18" and whose long chord bears N 65 13'09" W 118.69 feet to a point of compound curve; (4) Northerly 145.02 feet along the arc of an 85 foot radius curve to the right whose central angle is 97 45' and whose long chord bears N 14 01'30" W 128.06 feet to the Southwest Corner of said Lot 1; and (5) N 15 35' W 145.00 feet. to the Northwest Corner of said Lot 1; thence S 79 45' W 33.84 feet more or less to the true point of beginning, containing. 25,823.77 square feet, or 0.5928 acres, more or less; -3- may be used as.a picnic area, but no permanent struc- tures, tables, benches, or toilet facilities shall be erected or maintained thereon. 1.7. Provide that the written consent of each Owner of property contiguous to Tract E is obtained and existing landscaping is not disturbed,_. the following described portion of the Subject Land., and .that por- tion only, may be used as a road and for -,vehicular parking: A parcel of land lying in Tract E, Vail Village, Fifth Filing,; Town of Vail, Eagle County, Colorado, described as: Commencing at the Northwest Corner of said Tract E, which Corner is the Northwest Corner of the Southeast Quarter of..the Northwest Quarter of Section 8, Township 5 South, Range 80 West of the 6th Principal Meridian, thence S 0 12'03" E 154.35 feet along the Westerly line of said Tract E to the true point of beginning; thence S 0 12'03" E 289.06 feet along said Westerly line to the Southwest Corner of said Tract E; thence S 62 28' E 322.05 feet more or less along the Southerly line of said Tract E to the Southwest Corner of Lot 13, Block 1, Vail Village, Fifth Filing; thence N 26 00' W 84.12 feet along the Westerly line of said Lot 13, which is also the Easterly line of said Tract E; thence N 62 28' W 224.20 feet parallel with and 50 feet from said Southerly line of Tract E; thence N 0 12'03" W 267.72 feet parallel with and 50 feet from said Westerly line of Tract E; thence S 79 45' W 50.78 feet to the true point of beginning, containing 27,574.41 square feet or 0.6330 acres more or less. 1.8. No part of the Subject Land shall be used for picnicking (except as hereinabove specifically allowed), camping or overnight stays by any person or persons. Nor shall there be permitted within or upon the Subject Land any informal or organized public or private gathering or any other act by any person or persons, except as hereinabove specifically allowed, which in the judgment of the Owner and the appropriate officials of the Town of Vail, may deface, alter, destroy or damage the natural condition, vegetation or aesthetic =;:�; value of the Subject Land or litter its surface; e. 1.9. No vehicular traffic or parking of any kind or nature other than *mentioned in 1.7 above shall be permitted upon, across or through the Subject Land. 2) AMENDMENT The conditions, restrictions, stipulations, agreements and covenants contained herein shall not be waived, abandoned, terminated or amended except by written con- sent of both Vail Associates, Inc. and the Town of Vail to be filed of record in the office of the Clerk and Recorder of Eagle County, Colorado. -4- January 17, 2017 - Page 44 of 8 j day of :. , 19 (7/ , by Richard Pederson as President and Larry E Wright as;`As`sistant Secretary of ),NAIL- jASSOCIATES , January 17, 2017 - Page 45 of 8 January 17, 2017 - Page 46 of 8 AMENDMENT TO :PROTECTIVE COVENANTS OF VAIL VILLAGE, FIFTH' FILING... EAGLE COUNTY, COLORADO .f: EOX �,a6fE JOHNNETTE PHILLIPS EAGLE CTP, RECORDER ?I 4 3.3 Pik '811 WHEREAS, 'the undersigned are the owners -of at least "75% of the privately -owned land included within the boundaries of Vail Village, Fifth Filing (hereinafter referred to as the "Subject Land"); and WHEREAS,.Vail Associates, Inc:,. -(hereinafter -sometimes `referred to as "VAI"), has placed certain restrictions on the`. use of the Tracts, Blocks and Lots..of the Vail Village, Fifth Filing for the benefit of VAI, and its respective grantees, successors and assigns, which restrictions (the "Protective Covenants") are filed of record in the Eagle County, Colorado, records in Book 187 at Page 353; and WHEREAS, a number of structures have been built and opera . ated in violation of the Protective Covenants, and the under- signed desire to amend the Protective Covenants to allow the present uses on the Subject Land, and certain additional uses,. to delete certain provisions which are nolonger appropriate, and to reaffirm the validity of the Protective Covenants for the benefit of the undersigned, and their respective grantees, successors and assigns, in order to further establish and main._ tain the character of real estate in the vicinity of the Town of Vail. NOW THEREFORE, iri consideration of the premises, . the undersigned hereby amend the Protective Covenants as follows:..- 1. Section 1 entitled "PLANNING AND ARCHITECTURAL CONTROL COMMITTEE" shall be deleted in its entirety,. including Paragraphs 1.1 through .1.5. . 2. Paragraph 2 is hereby :amended in::.its entirety to read as follows; :"2. LAND USE. "The land in Vail Village, Fifth. Filing, shall be used for the following purposes:, "2.1 The numbered Lots, in Block :5 shall be used only for row -houses .:or condominiums. "2.2 The lettered Lots in Blocks 2, 3, and 5-A shall be used for apartments, condominiums, rv,_ail shops, ser- vice shops, restaurants and tea rooms, hotels, lodges, profes- sional offices and medical clinics. LINO TITh it -VF January 17, 2017 - Page 47 of 8 • . • • ,- "2 .3 Tracts P-1, :P P-2 and P-3 shall be used used fo-r parking and: associated uses. *2.4 Tracts A, E, F-1, F-2 and G shall be used as open areas or for recreational uses, including parking. No permanent above -ground buildings, other than buildings used for recreational purposes, shall be constructed or maintained on any of such tracts. "2.5 Tract D shall be used for apartments, condominiums, timeshare units, retail shops, service shops, restaurants, tearooms, hotels, lodges and commercial uses. "2.6 Tract F shall be used for (a) recreational uses, including parking, (b) not more than six dwelling units (which may be in the form of residential condominiums) and (c) any other use permitted by applicable zoning." 3 Paragraphs 4, 9 and 10, and the last sentence o Paragraph 11, are deleted in their entirety. 4. The words "and shall be completed within 12 months of commencement, except with the written consent of. the Committee" shall be deleted from Paragraph 14. In all other respects, the Protective Covenants shall remain in full force and effect in accordance with the terms thereof, and the Protective Covenants as amended hereby are hereby ratified and reaffirmed as being valid and binding on the Subject Land. Executed this day :o , 1983. e. t . . .-Assistant Secretary Owner of the Subject Land as to Lot d-1, Block 2; a portion of Lot 18, Block 5; Lots j and p-3, Block 5A; and Tracts A, E, F, F-2 and G: Vail. Associates, Inc., a Colorado corporation By Harr, H. Fr.mpt n III President -,2 • January 17, 2017 - Page 48 of 8 The foregoing instrument was acknowledged before me this %soh.. day of, 1983 by Harry H. Frampton,'III as President and Jean A. Dennison as Assistant Secretary of: VAIL ASSOCIATES, INC.,, a .Colorado corporation. Witness my hand and •-#fficia1 seal. [Signature pages to the 1984 Amendment were omitted.] January 17, 2017 - Page 50 of 8 Schedule 2 January 17, 2017 - Page 51 of 8 MODIFICATION OF AMENDMENT OF PROTECTIVE COVENANTS OF VAIL VILLAGE, FIFTH FILING EAGLE COUNTY, COLORADO This Modification of Amendment of Protective Covenants of Vail Village, Fifth Filing (this Agreement), dated as of , 2016, is executed by the Town of Vail, Colorado (the Town), and The Vail Corporation, a Colorado corporation formerly known as Vail Associates, Inc. (Vail Corp). Background and Purpose A. Vail Corp. is the owner of two parcels of real property described as follows: Tract E, A Resubdivision of Tract E, Vail Village, Fifth Filing and a part of Lot c, Block 5-C, Vail Village, First Filing and Golden Peak House, according to the plat recorded April 25, 1995, at Reception No. 562007, LESS AND EXCEPT that portion thereof conveyed to the Town of Vail by Bargain and Sale Deed recorded May 26, 2004 at Reception No. 878455, Eagle County, Colorado. Lot d-1, Block 2, Vail Village Fifth Filing, according to the plat thereof recorded November 12, 1965, at Reception No. 102538, Eagle County, Colorado. In this Agreement, the two parcels described above are sometimes called, respectively, Tract E and Lot d-1, and together they constitute the Subject Land. B. The Subject Land, and certain other real property is subject to those certain Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado, recorded in the real property records of Eagle County, Colorado in Book 187 at Page 353 (the Original Fifth Filing Covenants). C. The Subject Land only, and no other real property subject to the Original Fifth Filing Covenants, is also subject to that certain documents entitled "Amendment to Protective Covenants of Vail Village, Fifth Filing, Eagle County, Colorado," recorded August 30, 1971, in Book 221 at Page 496, Eagle County, Colorado (the Subject Land Covenants). D. The Subject Land Covenants Include, among other restrictions, certain requirements in Section 1.2, which reads as follows (the Section 1.2 Restriction): 53551664.2 January 17, 2017 - Page 52 of 8 The Subject Land shall be used, held and maintained in good order and condition by the Town of Vail (subject to existing or recorded easements and rights of way) for use at all times as a vacant and undisturbed open area in its natural condition or landscaped with trees, shrubs and grass and no structure, building or improvement of any kind or character, whether temporary or permanent, may be erected or maintained thereon, except as herein provided.... E. A portion of Tract E and also a portion of Lot d-1 have been improved with and enclosed by a fence, which has created an area with boundaries described and depicted on Exhibit A attached to and incorporated in this Agreement by this reference (the Fenced E/d-1 Area). The Fenced E/d-1 Area is adjacent to real property located at 366 Hanson Ranch Road, Vail, Colorado, more particularly described in the Warranty Deed recorded June 24, 2015, at Reception No. 201511554, Eagle County, Colorado (the 366 Property). F. Vail Corp. desires to sell the Fenced E/d-1 Area to the owner of the 366 Property (the 366 Owner) so that the 366 Owner and its successors in title may use and enjoy the exclusive possession of the Fenced E/d-1 Area in conjunction with the 366 Property. G. The Subject Land Covenants, by their express terms, may be waived, abandoned, terminated or amended by the written consent of both the Town and Vail Corp. H. For the purpose of allowing the 366 Owner and its successors in title the right to use, enjoy and possess the Fenced E/d-1 Area without challenge based on the Section 1.2 Restriction, the Town and Vail Corp. have agreed to waive and terminate the Section 1.2 Restriction with respect to the Fenced E/d-1 Area only. Accordingly, for good and valuable consideration, the receipt and sufficiency of which the Town and Vail Corp. acknowledge, the Town and Vail Corp. agree as follows. 53551664.2 January 17, 2017 - Page 53 of 8 Modification 1. Waiver and Termination. By executing this Agreement, the Town and Vail Corp. waive, forever release and terminate the Section 1.2 Restriction to the extent, but only to the extent, that the Section 1.2 Restriction encumbers the Fenced E/d-1 Area. If Vail Corp. sells the Fenced E/d-1 Area to the 366 Owner, then upon the closing of that sale and conveyance by Vail Corp. of fee simple title to the Fenced E/d-1 Area to the 366 Owner, the 366 Owner shall be entitled to construct such improvements within the Fenced E/d-1 Area as may be permitted under (i) any other applicable covenants and restrictions encumbering the Fenced E/d-1 Area, including without limitation the Original Fifth Filing Covenants and other portions of the Subject Land Covenants, and (ii) the ordinances of the Town of Vail. 2. Limited Effect. Except as set forth above, by entering into this Agreement, Vail Corp. shall not be considered to have waived its rights or any rights of its successors or assigns with respect to Tract E and Lot d-1 under the Subject Land Covenants or the Original Fifth Filing Covenants. Vail Corp., for itself and its respective successors or assigns, expressly reserves the right to enforce the Subject Land Covenants (including without limitation the Section 1.2 Restriction) against any portion of the Subject Land other than the Fenced E/d-1 Area. This Agreement shall not be deemed to modify or otherwise have any impact on the Original Fifth Filing Covenants. 3. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of Colorado, without giving effect to principles of conflicts of law. 4. Severability. If any provision of this Agreement is, for any reason and to any extent, invalid or unenforceable with respect to any party or circumstance, then neither the remainder of this Agreementnor the application of the provision to other parties or circumstances shall be affected by such invalidity or unenforceability, and there shall be deemed substituted for the invalid or unenforceable provision the most similar provision which would be valid and enforceable under applicable law. 5. Binding Effect. This Agreement is binding upon and runs to the benefit of the Town, Vail Corp., and their respective successors and assigns. 6. Counterparts. This Agreement may be executed in counterpart copies. [See the following pages for signatures and acknowledgments.] 53551664.2 January 17, 2017 - Page 54 of 8 Attest: Town Clerk Town of Vail, Colorado STATE OF COLORADO ) ss. County of Eagle Town of Vail, Colorado By Title The foregoing instrument was acknowledged before me this day of 2016, by as and as Town Clerk of the Town of Vail, Colorado. Witness my hand and official seal. My commission expires: Notary Public 53551664.2 January 17, 2017 - Page 55 of 8 STATE OF COLORADO County of ) ss. THE VAIL CORPORATION, a Colorado corporation By: Name: Title: The foregoing instrument was acknowledged before me in the County of Eagle, State of Colorado this _ day of 2016, by as of The Vail Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 53551664.2 January 17, 2017 - Page 56 of 8 Exhibit A Legal Description and Drawing of the Fenced E/d-1 Area 43106645.1 53551664.2 Active/44464398.1 January 17, 2017 - Page 57 of 8 PROPERTY DESCRIPTION That part of Lot d-1, Block 2, and Tract E, Vail Village, Fifth Filing, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the southwest corner of said Lot d-1, thence along the westerly line of said Lot d-1 N08'00'00"W 69.95 feet to the northwest corner of said Lot d-1, also being on the southerly right of way line of Hanson Ranch Road; thence, along the northerly line of said Lot d-1, also being the southerly right of way of Hanson Ranch road, 32.68 feet along the arc of a curve to the left, having a radius of 160.17 feet, a delta angle of 11'41'22", and a chord that bears N7917'23"E 32.62 feet; thence departing said northerly line S01'29'38"W 108.75 feet; thence N84'04'48"W 131.39 feet to a point of the extension of the west line of a parcel shown Part of Lot d; thence along said extension, N00'00'00"E 19.83 feet to the southwest corner of said Part of Lot d; thence along the south line of said Part of Lot d, N90'00'00"E 111.21 feet; to the point of beginning, containing 5380 square feet, more or less. Michael J. Po, ••• Colorado P•L.. 0'116 • • •1.i 30116 -1� ► , • '/I5/I6 Date '�� • • .�YL LAS • • 0' 20' 40' 60' hgNS0N Rq g 30 NCH gp° 0' L =32° 13' 14' R=160. 17' ,ADO L=90. 07' ti N A AY AD O 00 N (fl CHATEAU ,,, CHRISTIAN TOWNHOUSES o 00 O O z 001 z 0 0 0 0 o bo oW 0 PART OF LOT d 0.1805 ACRES N90'00'00"E 111.21' ROAD C 40 R •0 .W •i 6" S1,S 6• rn (0 0) P.O.B." 1-f.yo-arm ••-? 411 &T1 -VA 1+••a�,r.� 41199 HIGHWAY 6 & 24, EAGLE-VAIL P.O. BOX 1230 EDWARDS, CO. 81632 (970)949-1406 TRACT E N 84'04'48" W 131.39' P=11'41'22" R=160.17' L=32.68' C LEN=32.62' BRG=N 79'17'23"E CO 0 LOT d-1 o N O N JOB NO. 1213.2 January 17, 2017 - Page 58 of 81 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Future Meeting Agenda Topics ATTACHMENTS: Description Future Meeting Agenda Topics TOWN Of 9 January 17, 2017 - Page 59 of 8 Vail Town Council Meetings Proposed Date Topics for Future Meeting Agendas Subject to change Ord. No. 35 Marriott Residence Inn Proposal Review Town Manager Profile for Executive Search 7 -Feb 7 -Feb Vail Trailblazer Award Announcement Update on public space in Lionshead (The Arrabelle at Vail) 21 -Feb 21 -Feb Open House for East Vail Fire Station Remodel Town Council Retreat 22 -Feb 22 -Feb Review Town Manager Candidates for Executive Search TOWN OF VAIIL. Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: January 17, 2017 Subject: Proposed agenda topics for future meeting agendas and 2017 Meeting Dates PURPOSE The listing below reflects proposed topics to be scheduled at future Town Council meetings and is informational only. Dates and topics are subject to change. In addition, there is a listing of 2017 Town Council meeting dates on the back page; please note one meeting falls on the July 4th Holiday. Annual Community Meeting Proposed Future Topics for Council Meetings * Joint meeting w/ VRD Board * AIPP Board Interviews * 7 -Mar „IM!.. 14 -Mar Dept. FEB Admin MAR PW DRB / PEC Interviews Model Traffic Code Dismount Zones - Enforcment MAR ComDev TBD VPD TBD VPD * Comcast Update TBD IT * VRD : Clubhouse lease, skatepark agreement, events TBD PW/Admin * Buzzard Park Housing Update TBD ComDev * CFHA / Local Banks Follow up TBD ComDev * Update on Historic Preservation Program TBD ComDev * Vail Home Store Briefing TBD ComDev * Review langauge addressing "call up timeframe" for CSE decisions TBD EcDev * Vail Muni Building Remodel Update TBD Admin January 17, 2017 - Page 60 of 8 2017 Town Council Meeting Dates First Tuesday Third Tuesday January 3, 2017 February 7, 2017 March 7, 2017 April 4, 2017 May 2, 2017 June 6, 2017 July4, 2017 (Holiday) August 1, 2017 September 5, 2017 October 3, 2017 November 7, 2017 December 5, 2017 January 17, 2017 February 21, 2017 March 21, 2017 April 18, 2017 May 16, 2017 June 20, 2017 July 18, 2017 August 15, 2017 September 19, 2017 October 17, 2017 November 21, 2017 December 19, 2017 Town of Vail Page 2 January 17, 2017 - Page 61 of 8 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: AI PP November 7, 2016 and December 5, 2016 Meeting Minutes ATTACHMENTS: Description AIPP Minutes (Nov & Dec) TOWN Of9 January 17, 2017 - Page 62 of 8 TOWN OF VAIL 1309 Elkhorn Drive Vail, Colorado 81657 artinvail.com Minutes: Art in Public Places Board Meeting Monday, November 7, 2016, 8:30 a.m. Town Council Chambers Art in Public Places 970.479.2344 970.479.2166 fax AIPP board members present: Patricia Donovan, Julie Hansen, Michael Kurz, Nancy Lassetter, Bill Pierce, Kara Woods AIPP Board members absent: Others present: Molly Eppard, AIPP Coordinator 1. Approval of minutes from October 3 meeting. 2. No citizen input. 3. Winter programming updates Molly informs the board that Doe Browning will be sponsoring the Lantern Workshops and Winter Solstice Lantern Walk again this year. The lantern workshops are as follows: • Libations & Lantern Making - Tuesday, December 20 @ 4:00 — 6:00 p.m. Vail Recreation District Community Programming, 2nd Floor of Lionshead Welcome Center, $10 fee. • Paper Lantern Making Workshop with Helen Heibert - Wednesday, December 21 @ 1:30 - 4:30 p.m. Community Room, Vail Public Library, free. • Winter Solstice Lantern Walk — Wednesday, December 21st Molly gives the board the run of show thus far for the lantern walk which includes: 4:00 — 5:00 p.m. Slifer Square Holidaze Cookie Decorating 4:30 — Red Pedicab to arrive & to be decorated with lights etc. 4:45 — LED Lights are handed out via AIPP member & volunteer 4:45 — Emcee Tricia Swenson Arrives to greet guests 4:55 —Santa & Ralph the World's Tallest Elf arrive to Slifer Square to greet guests 5:00 — Walk through Covered Bridge to Gore Creek Drive Intersection 5:05 — Pedicab picks up Santa at intersection to proceed to Gore Creek Promenade. The Procession route: Walk Slifer Square to Bridge Street & Gore Creek Drive; Pedicab west on Gore Creek Drive to Checkpoint Charlie, to Gore Creek Promenade. Vail Pedicab will deliver Santa & Ralph to Slifer Square and then meet them at Gorsuch, so that they are driven through the village to the Ice Theater. The pedicab will assist in Santa not being stopped during the procession by on -lookers. The walk ends at the opening celebration night of the Vail Winterfest Ice Theater. We will have Santa present to have photos taken at the ice thrones during the opening celebration. 5:15 — Opening night of the Vail Winterfest Ice Theater presented by Vicki & Kent Logan — featuring the 1966 favorite holiday cartoon "The Grinch Who Stole Christmas" 5:15 - Deliver Santa and Ralph to Ice Theater...guests can take photos with Santa at the ice thrones...until just before 6pm...lf mobbed, we can discuss additional timing for photos. Music, hot chocolate and give aways. 6:00 — celebration ends — but film projection continues until 10:00 p.m. January 17, 2017 - Page 63 of 8 Molly has reached out to the Dickens Carolers, but has not yet heard back about their participation. The board agrees that music will be an important part to the success of the lantern walk. Molly is working with the local adaptive ski program Small Champions & Vail Rec's After School Programming to participate in the walk. We may work with the red star logo for the lanterns for the Small Champions. We will have giveaways, treats, and hot chocolate at the opening of the Ice Theater. Molly asks for feedback from the board for projection programming after the holidays. Michael suggests looking at Looney Tunes since it is shorter in length. Molly believes they are under the Swank Productions for rights. Molly informs the board that this program is under their Parks and Recreation, so we get a discounted rate for rights to show their films. Molly tells the board that Charlie Brown and Rudolph are very difficult to get rights to show. • How the Grinch Stole Christmas (26 mins, 1966) • A Pink Panther Christmas (27 mins, 1978) • Mickey's Christmas Carol (26 mins, 1983) • Yogi's All-star Comedy Christmas (24 mins, 1982) • Frosty's Winter Wonderland (30 mins, 1976) • The Art of Skiing — Goofy • Sony Snowman • Looney Tunes Kara compliments the direction of the Lantern Walk and how we are adapting from what we have learned over the past two years. It will be a festive addition to the holiday programming in Vail. Molly wants to make sure we get the word out about the workshops and walk. As we get closer, we will look at how much volunteer help we will need. The Art Walks will begin in January. They will be the first and third Wednesdays of the month since participation is lower during the winter months. 4. Vail Symposium prints The framing is completed by Mount -N -Frame of the 18 Vail Symposium prints. Molly met with Terry Minger to learn about the history of the prints and the Vail Symposium. In 1971 it was founded by Town Manager Minger and Mayor John Dobson. It is the 2nd oldest non-profit in the valley. It started as a TOV project to engage the young community about the outside world and how it related to Vail. Public statements were discussed about the issues and times facing the country during the upheaval of the 1970s. The question was posed: Is Vail a resort or a community? Participants included people like John Lindsey and Robert Redford. With the prints, Terry Minger provided the quote for the print and then the artist worked on the design. The circle throughout the prints represents the globe and conveys their moto — Convening Locally, Thinking Globally. Molly was appreciative of the time he spent to educate her about the history of the Vail Symposium. She remarks that a location for the prints still has to be decided, but she would like to see them installed so that the quotes can be easily read. She asks if we want an April exhibition, as it is the 10 year anniversary of the artist Thomas Benton's passing. She suggests perhaps something in connection with the Symposium. The LH Welcome Center or Grand View may be a place for a temporary display. Michael asks if there is opportunity for a digital presence. 5. Art Shack discussion and summer residency programs Molly gives a brief background of the Art Shack on the lower bench of Ford Park to the board. The building is located to the east of the Manor Vail bridge. In the Ford Park Master Plan it was designated for use by AIPP. It is now referred to as the Art Cottage. In 2002/2003 steps were made to look at the restoration of the building to be used as an artist is residency studio space. Improvements were made such as a new roof and windows. Drawings were created for the space also at this time. There is some historical significance to the building which should be Town of Vail Page 2 January 17, 2017 - Page 64 of 8 respected with any renovations. Recently Greg Hall reached out to East West Partners to discuss their contribution of $50,000 which is to be received when the Manor Vail Penthouses have all sold as well as some parking. The penthouses have indeed been sold and they are getting back to Greg regarding the promised funding. The use of the Art Cottage has come up in recent discussions, as there may be interested private donors into converting this space for artistic purposes. Presently it is used for Vail Rec storage and draws numerous vehicles to the site when moving the gear in and out of the building. Molly shows images of the building to the board. What would be needed for utilities is a sink and electricity. There is a restroom just across the way. Michael comments it would be a great use of space and if some sort of endowment was made to house an artist for a period of time it would be ideal. It could create some artistic livelihood to the park and community. The question would be housing for artists. Molly comments that early summer housing might be a possibility in Buzzard Park, as seasonal employees are transitioning. She understands that the BFAG has also expressed interest in the space. She thinks it could be possible to have cross collaborative programming related to the arts. Julie comments that relocating the storage should not be a difficult proposition. Bill comments about the large buildings abutting the fields and inquires about the possibility for storage in those facilities. Molly shows an aerial draft of the flat space surrounding the cottage. Molly comments on the description Breckenridge uses for their space: Art Workshops and Resident Artist Studio. We could look at defining programming so that it is Environmental Artist Resident Studio if that is of interest. She thinks with Patrick Dougherty coming in 2018 it may be worth looking at the space again seriously this winter. Molly passes around the Stickworks catalogue of Dougherty's work. It is truly exciting that we are a part of his exhibition schedule. It could be a nice meet and greet space during this time. Tricia asks about what is the pattern for artist in residence programming. She comments it may be nice to be flexible with the space. Molly comments we would need to define and look at feasibility of housing options. Kara asks if summer would be more feasible than during the winter for housing. Molly remarks that we would likely have to close it during the winter as the restrooms are shut down. Molly asks the board to think about this possibility as she would like to get more feedback at a later meeting. The board mentioned inviting Ben Roth back for a summer installation. Doe Browning mentioned Montanerous may be a possible housing option for Ben Roth if he does come next summer. 6. Seibert/Rancher memorial sculpture update Molly remarks that Nancy has been able to attend two recent meetings with Bill and Roger where the timeline and calendar for fundraising and press efforts were discussed. It was suggested by the town for them to secure some solid donations before it is officially announced to garner momentum. Photography for a clay model is being scheduled which will be used for press and other materials. They are looking to have a Thanksgiving open house reception, as well as a larger reception around the Christmas holidays. During the meetings it was suggested that their fundraising efforts are one-on-one meetings. Molly had a last minute meeting with Stan Zemler, Rod Slifer, Greg Hall Director of Public Works at Slifer Square to discuss locating the sculpture in the Square. Mr. Slifer thinks it is a worthy project long overdue. Molly has discussed this project with editor of Vail/Beaver Creek Magazine for their Mid -February publication. Press release, kit, and images need to be with editor sooner than later, so that they can determine if they want to report and photograph for an article about the project. Molly shows images of the planter where the sculpture may be placed. There will have to be some re -design of this planter to accommodate the sculpture. The board confirms that the figure of Seibert will be facing the mountain. The 10th Mountain Division memorial will be removed during the spring to be repaired in Loveland while the construction is occurring in Slifer Square. 7. Coordinator Updates • Molly thanks Tricia for working on the Pinktober photography competition with the hospital. Tricia comments it was fun and she was impressed with the process. It was a Town of Vail Page 3 January 17, 2017 - Page 65 of 8 lively discussion and a healthy process. The works are in the rotation of the media at the LHWC and the top ten banners are now on the construction fence at the hospital. Molly comments it was nice to have this first collaboration with the hospital. • 1-70 update. Molly met on site with engineers, cdot, studio and Kathy Langenwalter. Addressed some points and they will return in winter to template the wall. Installation will take place in Sept/Oct 2017. • Ford Park Portal construction update — East BF Way & Nature Ctr. Will be installed on Nov 14. The remaining will take place in Spring. • Booth Falls playground update. It too is progressing well. Molly reminds the board they were interested in signage and the letter from Andy's geologist incorporated in the signage. It will be completed in early Spring. • Alpine Art Center received a grant of $10,000 from CSE for more consistent programming for the visual art programs in Vail. • Art Walks were mentioned in Epic Life Magazine by Vail Resorts. • Molly shares an interesting image Michael sent of a sculptural figure created in sticks. • Julie recommends a visit to the Colorado History Museum to see the Awkward Family Photo exhibit. • Tricia asks about the construction fence in front of Gorsuch. Molly understands it will come down shortly. • Margaret Rogers was appointed by council to the empty seat on the board. It will go through end of March. Michael and Margaret would then be up for renewal if interested. • Molly visited the Golf Clubhouse and it is looking great. Once it is completed we can look at integrating art. Meeting Adjourned. Town of Vail Page 4 January 17, 2017 - Page 66 of 8 TOWN OF VAIL 1309 Elkhorn Drive Vail, Colorado 81657 artinvail.com Minutes: Art in Public Places Board Meeting Monday, December 5, 2016, 8:30 a.m. Town Council Chambers Art in Public Places 970.479.2344 970.479.2166 fax AIPP board members present: Patricia Donovan, *Michael Kurz — acting chair, Nancy Lassetter, Bill Pierce, Margaret Rogers AIPP Board members absent: Julie Hansen, Kara Woods Others present: Molly Eppard, AIPP Coordinator 1. Swearing in of Margaret Rogers to AIPP Board by Patty McKenny, Town Clerk. 2. Approval of minutes from November 7 meeting. 3. Citizen input. 4. Vail Winterfest Ice Theater — Paul Wertin, Alpine Ice Ice Sculptor Paul Wertin is present to show the board his concepts for the seating elements for the ice theater. He has been the winterfest ice theater solo -artist for the past five years. The theater is returning this year with the support of Vicki & Kent Logan. Paul shows the board the new design elements for the screen and for the seating. We decided to have two love seats for better seating/photo opportunities especially on opening night with Santa. The screen will be moved back closely to the creek, hoping to prevent people from walking behind and putting handprints on the screen. The seats will have an asymmetrical design. Margaret suggests switching the orientation of the design elements on the small sofas, to create more of an entry feeling. Paul agrees. The board votes unanimously for Paul Wertin's theater design. He will begin site work on December 14tH Molly will be working closely with Mike Griffin for the projection content and calendar. We have #vailwinterfest to try and follow the ice theater on social media this year. Molly will be doing a push for press releases, concierges, advertising and marketing for the events. Ice Theater: Movie programming from Swank Productions: • How the Grinch Stole Christmas (26 mins, 1966) • A Pink Panther Christmas (27 mins, 1978) • Mickey's Christmas Carol (26 mins, 1983) • Yogi's All-star Comedy Christmas (24 mins, 1982) Molly reviews the timeline with the board for the opening of the ice theater and other winter programs: • December 21 @ 5:15 — 6:00 Opening celebration of the Tenth Annual Vail Winterfest Ice Theater sponsored by Vicki & Kent Logan on the Gore Creek Promenade. 5. Paper Lantern Workshops and Winter Solstice Lantern Walk. Molly passes out the descriptive information on the events to the board. We already have a number of people who have signed up for the following workshops. Paper Lantern Project sponsored by Doe Browning • Libations & Lantern Making Tuesday, December 20 @ 4:00 — 6:00 p.m January 17, 2017 - Page 67 of 8 Vail Recreation District Community Programming, 2nd Floor of Lionshead Welcome Center, $10 instruction & materials fee. • Paper Lantern Making Workshop, December 21 @ 1:30 - 4:30 p.m. Community Room, Vail Public Library, free. Molly will need board volunteers to hand out lanterns, lights, treats at the start of the walk @ 4:30, but also will need board members to help during the workshop on Wednesday. Molly will follow-up with the board about times and location for volunteering. Molly reviews the run of show for the lantern walk. The Dickens Carolers are confirmed to participate. The Small Champions & Vail Recreation District are also participating. Winter Solstice Lantern Walk sponsored by Doe Browning — Wednesday, December 21st 4:00 — 5:00 p.m. Slifer Square Holidaze Cookie Decorating 4:30 — Red Pedicab to arrive to Mountain House or Austria Haus to be decorated with lights etc. 4:40 — LED Lights are beginning to be handed out via AIPP member & volunteer — Slifer Square Bus Stop decorated with Lanterns 4:45 — Emcee Tricia Swenson Arrives to greet guests 4:45 — Pedicab to Santa staging location 4:55 — Deliver Santa to Slifer Square to greet guests 5:00 — Walk through Covered Bridge to Gore Creek Drive Intersection 5:05 — Pedicab picks up Santa at intersection to proceed to Gore Creek Promenade 5:15 — Opening night of the Vail Winterfest Ice Theater presented by Vicki & Kent Logan — featuring the 1966 favorite holiday cartoon "The Grinch Who Stole Christmas" 5:15 - Deliver Santa and Ralph to Ice Theater...guests can take photos with Santa at the ice thrones...until just before 6pm... 6:00 — celebration ends — but film projection continues until 10:00 p.m. Procession route: Walk Slifer Square to Bridge Street & Gore Creek Drive; Pedicab west on Gore Creek Drive to Checkpoint Charlie, to Gore Creek Promenade. Vail Pedicab will deliver Santa & Ralph to Slifer Square and then meet them at Gorsuch, so that they are driven through the village to the Ice Theater. The pedicab will assist in Santa not being stopped during the procession by on- lookers. The Dickens Carolers will bring up the rear of the procession. The walk will have an emcee greeting and organizing the participants of the walk. The walk ends at the opening celebration night of the Vail Winterfest Ice Theater. We will have Santa present to have photos taken at the ice thrones during the opening celebration. Hot chocolate will be served by the Holidaze event producer at the end of the walk. She is also reaching out to the local schools. 6. Rod Kagan sculpture donation for consideration Jim and Cookie Flaum have made the introduction to the estate of sculptor Rod Kagan for possible donation to the Town of Vail's collection. Molly remarks that it may be a nice fit and addition to the present collection. She comments the totems are more representative of the body of the artist's work. Molly asks the board for comments regarding this potential donation. Molly remarks that it does not necessarily need to be placed in town center as there were not stipulations. The estate does cover the costs for transportation to the site. Margaret thinks it is important to look at the collection direction and decide if this meets that direction. She comments that East Vail may be a good possibility for location. It could be incorporated into the entrance/exit from the highway in East Vail. Molly comments that Julie has often remarked about the lack of art in these areas of East Vail. Molly comments on the relocation of the Time Trial Wheel Sculpture also near the lot on the far eastern side off of Big Horn. Margaret asks if there might be any locations even further east. Michael comments that we should not look a gift horse in the mouth and also thinks East Vail may be a possibility. He comments about the entrance to the Rec Path in East Vail across from the lot. He also remarks about the bridge Town of Vail Page 2 January 17, 2017 - Page 68 of 8 near Circle K Park. Trish remarks that she would like to discuss a plan for East Vail art and what might be suited to it rather than accepting a donation without review. Michael asks if there is a timeline for accepting this donation. Molly asks the board to look at the works in the natural settings from the online articles. Molly remarks that while there are definitely locations for a work by Kagan, the board should focus on whether or not they would like to acquire the sculpture. Michael's concern is that the window will close if the board takes too long in deciding about the donation. Bill remarks that he likes the work and it is an opportunity to enhance the richness of the community no matter where the location. Molly will get more information on the artist to the board. Molly remarks that the totems do not take up a huge footprint. The board discusses the scale and materials of the work. Michael thanks Cookie and Jim Flaum for bringing this opportunity to the town. 7. Vail Symposium prints potential installation It has been accepted that the hallway of municipal building will be a display location for the prints, double hung salon style. We can eventually have it accompanied by an informational didactic panel. The board is pleased with this location. 8. Seibert/Rancher memorial sculpture update The gallery had 60 people attend the Thanksgiving event. They will also have several events around the holidays on December 27th from 3:00 — 6:00 p.m. at the Claggett Rey Gallery. Molly has not received any donation checks at present. There will be an article in the February issue of Vail Beaver Creek Magazine. Molly has been helping them make connections with some of the local magazines and writers. 9. Coordinator Updates • Flashing installed by Umbrella Roofing on November 30 above the skatepark murals. • Ford Park Portal construction update — East BF Way & Nature Ctr. installed on Nov 14. Metal details are scheduled to be installed in mid-December. The East BF Way entry is illuminated by the nearby lamppost. • 1-70 on Dec 14/15 to set our templates, make final notes, and test the light mitigation • Booth Falls playground is shaping up very well. The board should look at the signage which we discussed at earlier meetings incorporating the history & geology of the rock. • Holiday Bag Sale — Tuesday, Dec. 6 from 4:00 — 6:00 p.m. — Muni Building. Susie Hervert & Janeil Turnbull in Public Works are helping Molly organize the holiday sale. • The Lion - The sculpture was delivered 11/21. They are waiting to ensure any and all site work that could potentially damage the sculpture is finalized prior to installation. • Molly reads an email from TOV Community Development to be on the board's radar: "Redevelopment of the former Roost site at 1783 N Frontage Road. As the project is located in the Public Accommodation -2 (PA -2) zone district, a public art component will be required. The applicant has not yet identified their public art, but are interested in combining it with the bus shelter at their location. 1 believe this concept may have been approved for a previous submittal for the site in 2013." Molly remarks it is going to Council on Dec. 20th. In the past proposal, Margaret recalls a bus shelter being designed by Krueger. The board would like to be in the discussions as it progresses. • Margaret discusses Chicago's Year of Public Art and a potential ART Pass visit. • Molly informs the board that the town's Environmental Dept. will be at the next meeting to discuss an artistic & educational Storm Sewer fish exhibition. Meeting adjourned. Town of Vail Page 3 January 17, 2017 - Page 69 of 8 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Update on funding for the Intermountain Fuels Reduction Project ATTACHMENTS: Description Intermountain Fuels Reduction Update Intermountain Treatment Map TIMM OF9 January 17, 2017 - Page 70 of 8 TOWN OF VAIIL. Memorandum To: Town Council From: Mark Novak, Fire Chief Date: January 17, 2017 Subject: Intermountain Hazardous Fuels Reduction Project Update I. Background The Intermountain Hazardous Fuels Reduction project is a wildfire mitigation project that will treat up to 94 acres of forested land adjacent to the Intermountain and Highland Meadows neighborhoods. When completed this project will decrease the intensity of wildfires, reduce the risk of catastrophic wildfire and providing a buffer which will aid in protecting homes from a wildfire. The planning for this project, including the required National Environmental Policy Act analysis, was completed in early 2016 by the United States Forest Service (USFS) at a cost of $355,000. To date, Town Council has authorized the following expenditures related to implementation of the Intermountain Hazardous Fuels Reduction Project: 1) 2016 $63,700 for Phase I which consists of hand -thinning and pile burning 2) 2017 $677,656 for Phase II which consists of helicopter logging. In addition to funding the NEPA analysis, the USFS has provided $23,475 in in-kind funding for the layout of Phase I and II. The USFS has also committed to in-kind contributions of $31,572 during Phase II implementation. 11. Current Situation Phase I hand -thinning work was initiated in the fall of 2016 resulting in the treatment of 16 acres. An additional 7 acres will be completed in 2016. The funds allocated will result in the treatment of 23 acres identified for hand -thinning. The total project area of Phase I is 37 acres. Phase II is scheduled for implementation in September and October of 2017. Staff has been pursuing additional funding opportunities to complete Phase I. Formal funding requests have been made to both Eagle County and the Nature Conservancy. In late December, staff was notified that the Eagle County Board of County Commissioners had allocated $20,000 in the 2017 budget towards funding Phase I, which will result in the treatment of an additional 8.4 acres. 111. Attachment 1. Intermountain Treatment Map January 17, 2017 - Page 71 of 8 .9P Vail Intermountain Fuels Reduction Project- Project Status January 2017 John I Oonova, Park M20 C"J a %Vest 1.r Legend Town Boundary Previously Completed Fuels Treatment Treatment Phases Completed- Fall 2016 Hand Treatment (County Funded)- Early Summer 2017 Hand Treatment- Early Summer 2017 Helicopter -Late Summer 2017 Hand Treatment- Future 0 0.1 0.2 0.4 0.6 0.8 Miles Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © Opensm ovia r grs, p#46 e7:21%t_18eir Community VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: VEAC January 10, 2017 Meeting Minutes ATTACHMENTS: Description VEAC January 10, 2017 Meeting Minutes TOWN IfO January 17, 2017 - Page 73 of 8 Vail Economic Advisory Council (VEAC) January 10, 2017 MEETING MINUTES VEAC Members Present: Phil Metz, Chris Romer, Greg Moffet, Kim Newbury-Rediker, Rayla Kundolf, Alison Wadey, Bob Boselli, Brian Nolan, Lori Pohl, Doug Lovell, Bob Ford, Laurie Mullen, Robin Litt, Mark Gordon, Mia Vlaar Town of Vail Staff Present: Laura Waniuk - Event Liaison Specialist, Kathleen Halloran — Finance Director, Stan Zemler — Town Manager Others Present: Peter Dumon- The Harp Group, Amy Cassidy- The Harp Group, Magda King — The Antlers DestiMetrics "Deep Dive", Katie Barnes, Tom Foley (45 minutes) Barnes reviewed the questions that came from the previous VEAC meeting. There is less inventory in the Vail reports than have been in the past. Gordon asked about the Holiday Inn being included in the reports in the past, which may have impact ADR. Barnes stated that they would like to get more properties involved. Evergreen does participate. The Roost was not involved in the program before. Properties that are a bit less sophisticated have a difficult time reporting based on their resources. Romer said that the VVP would reach out to more properties to see if they could integrate them. The cost to participate in the program is free to the properties unless they upgrade to get customized reporting. Romer said for December, January and February ADR and occupancy rates are in a good place. They show a more stable model, good trend lines. Boselli asked about spring breaks and have those been identified. Late Easter spreads out the occupancy across 6 weeks, Easter is better for occupancy if it lands at the end of March to early April. Barnes pointed out that Easter falls on April 16; the FBLA will be here the same week Vail Mountain closes. Any occupancy after the mountain closes is probably group business. Romer stated that Airbnb released a community toolkit and to take a look at which properties are in the area. This may help with reporting sales tax or additional stats. Gordon stated that there is a company based out of the Front Range that manages Airbnb, RBO, etc. and only charges 10%. The company is called Evolve. The first report from Destimetrics about RBO is due in MarchApril 1st. Lovell said that Christmas on a Sunday isn't always beneficial. February looks good; March is tough to gauge because Easter falls late March. Vail Mountain is staying open a week later to capture that customer would normally come for Easter. Newbury-Rediker said that at the Antlers March is a little soft, but they are starting to get more calls. Romer said they are seeing a later booking window. King said historically March sees a lot of guests from Latin America/International and there is a lot of speculation about the political situation here. EGE is ending air service early, which could impact the international guest. That could impact visitation. January 17, 2017 - Page 74 of 8 Vail Mountain Update, Doug Lovell/Phil Metz (15 minutes) Metz discussed patterns that they saw over the holiday period. Overall volume they are relatively flat compared to last year, they had more unique guests, but skiing less. They think they had more individual guests. They continue to see a lot of progress in the marketing program, lots of testing on the segmentation/personas. They are getting good at identifying lapsed and repeat guests and what is triggering those decisions. They are trying a lot of different things with prospecting. They are addressing that end of March gap, by creating packages and promotions that appeal to Spring skiers. Air service shuts down around April 4; airlines are on a 16 week schedule. Vail Mountain marketing plan to attract the right guest at the resort is proving out by looking at the spend, there are also shifts in household income. Ski school numbers were strong during holiday period. With the second year of the new method of guest satisfaction surveys, they are seeing similar trends; they are the highest in the company. Two things driving good NPS are staff and ski school. Starting to see continued positive safety awareness scores and guest perception. Areas of opportunity are the pre -arrival, pre -mountain experience, parking, ticket window lines. Lots of data is collected at the ticket window, so that slows down the lines. Vail Mountain has increased their goal for contact with yellow jackets this year. They are working to change the perception of safety. Financial Report, Kathleen Halloran (15 minutes) Revenue Highlights Upon receipt of all sales tax returns, November collections are estimated to be down 10% compared to budget and down 5.6% from the prior year. Year to date collections are up 2.6% from the prior year which has been a similar trend throughout the year. RETT collections through December 28 total $6,965,617 down 3.6% from this time last year. RBO Program Please see memo for more information. It's been one year since the Town of Vail installed implemented the new requirement of a business license for RBO propertiesshort term rental by owner lodging activity. To date there are 310 owners in the system, with sales and lodging tax collectingons through September around of $600k in tax. Staff was busy in 2016 with implementation and creating awareness. Initial compliance began mid -year. Plans for 2017 includeThc next step is more compliance efforts; including research online or -and talcing informationresponding to calls from neighbors. The town has recently signed on with Destimetrics w+l--to dive into exactly what the inventory is. The town needs to establish the benchmark and determine impacts to the community. Destimetrics will look at best practices, other communities and data collection. It is a complex task because Some owners arc individual units may be -but -are represented in multiple locations websites and also throughor multiple management companies. The town is recording parcel numbers to keep track of individual properties. There is a company called Vacasa which helps owners through the process of listing. Lovell asked if there are zoning regulations for Vail, Zemler said that will be examinded. One of the key things that is hard to January 17, 2017 - Page 75 of 8 understand is the impact to the guest experience. Vail has not taken the step to monitor quality or add requirements to meet for the RBO property owners. Boselli asked about full year revenue projections for RBO, Halloran is interested to see December to get a full picture of 2016. The sales tax rate is 4% and lodging rate is 1.4%. Town Manager's Report, Stan Zemler (30 minutes) • Chamonix Chamonix property continues to go through a vetting process with the councilCouncil. Construction will get underway in the late spring. RA Nelson and Triumph will start significant work once the mountain closes. The council has refined it to 32 units, most with 2 or 3 bedrooms. The town is looking at partially manufactured home construction, meeting specs that are generated by the town. Manufactured homes cut down the amount of time needed for construction. The plan is for initial delivery construction of units around June. The town is going to self -finance this project. The properties will be deed restricted withhavc an appreciation cap and have to be owner occupied. Town is absorbing -subsidizing approximately $130K per unit on land and infrastructure. • Town Manager Recruitment Process Council selected a recruiter: Texas-based SGR, Ron Holyfield will be doing the search. He will be back next week to meet with a variety of people and to hold an open house where the public can engage. Holyfield will come back to the council with about 10 candidates in March. The council will refine that to 4-6 candidates and there will be a community panel, interviews with council and directors. • Parking Task Force Reestablished the task force, they will be appointed on Tuesday night. Eighteen people applied, narrowed it down to 9 will convene later this month. They will determine job description at first meeting. It's a diverse group, members of different business categories. They will make suggestions to the council. • Other ➢ Zemler said that Lovell is very accessible and has a willingness to dig into the parking issue. There is good communication between Lovell and the town. ➢ Thank you to Michael Kurz for his participation on the VEAC board. ➢ All members of the VEAC board should have been invited to the golf clubhouse opening on Wednesday, Jan 11. ➢ Zemler acknowledged the passing of Kenny Friedman. Citizen Input Dumon, developer of the proposed Marriott in West Vail provided background on the Marriott -project and insight into the addition of employee housing. He directed people to the website for further information: Letmeliveinvail.com. Other Business Boselli asked if there is potential for the VEAC to be involved with the Marriott. Zemler said it's currently an open application and there are still issues to be discussed. Zemler January 17, 2017 - Page 76 of 8 said that he encourages people to participate in the process. Boselli asked if there is an opportunity to write a letter to the editor as a single VEAC voice. Gordon said that it is important for the VEAC to have a presentation prior to any type of action by the VEAC. He would have a tough time advocating as a group at this point. Romer said that Chapin said that they haven't heard from the "silent majority", they have have only heard from parties who are not in support of the project. Romer said to encourage neighbors and networks to get emails in and attend council meetings. Next Meeting: Tuesday, February 14, Antlers, 8:00-10:00 AM January 17, 2017 - Page 77 of 8 TOWN Of UAJL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Parking & Transportation Task Force Update PRESENTER(S): Dave Chapin, Mayor BACKGROUND: The first meeting will be an informational session which will include the a review of the current Town Council parking policies, historical and current year stats as well as a discussion about the work plan of the task force. Future meetings will include a review of the parking program operations occurring this winter, the upcoming summer program, and 2017/18 winter parking program. Periodic discussions and recommendations for future operational programming will be presented to the council later in the year. ATTACHMENTS: Description Memo Parking & Transportation Task Force January 17, 2017 - Page 78 of 8 TOWN OF VAIL. Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: January 12, 2017 Subject: Vail Parking & Transportation Task Force Update I. SUMMARY The Vail Parking & Transportation Task Force has been reinstated by the Vail Town Council following appointment of new members by Mayor Dave Chapin. The role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. Following an application and interview process, the following community members have been selected to serve: • Representing the retail community will be Meg Hanlon and Hugh Paine • Representing the restaurant community will be Bill Suarez • Representing the lodging community will be Brian Butts • Representing the community -at -large will be Kent Johnson, Andrew Lanes and Don Marks The seven members will be joined by Darryl Flores from Vail Valley Medical Center; Doug Lovell and Jeff Babb from Vail Resorts; along with Council Member Jen Mason and Mayor Chapin. The task force will be supported by various departments and agencies to assist with technical expertise. The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the group, recommendations and input will be solicited on both winter and summer operations. A minimum of three meetings will be convened in 2017. The first meeting will take place from 10 a.m. to noon on Monday, Jan. 23 in the Vail Town Council Chambers. All meetings will be open to the public. The first meeting will be an informational session which will include a review of the current Town Council parking policies, historical and current year stats as well as a discussion about the work plan of the task force. Future meetings will include a review of the parking program operations occurring this winter, the upcoming summer program, and 2017/18 winter parking program. Periodic discussions and recommendations for future operational programming will be presented to the council later in the year. January 17, 2017 - Page 79 of 8 TOWN Of UAJL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) - to receive legal advice on specific legal questions, regarding Delponte v Town of Vail, Case No. 15 -CA -1835; 2) C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: Marriott Special Development District. PRESENTER(S): Matt Mire, Town Attorney January 17, 2017 - Page 80 of 8 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Recess at 4:05 pm TOWN Of9 January 17, 2017 - Page 81 of 8