HomeMy WebLinkAbout2017-04-04 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, April 4, 2017
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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 will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Citizen Participation
2. Proclamations
2.1. Proclamation No. 3, Series of 2017, Recognizing National Library Week 5 min.
2017
Presenter(s): Lori Barnes, Vail Public Library
2.2. Proclamation No. 4, Series of 2017, Recognizing Stan Zemler, Town
Manager
Presenter(s): Dave Chapin, Mayor
3. Consent Agenda
3.1. Minutes from March 7, 2017 meeting
3.2. Minutes from March 14, 2017 special meeting
3.3. Minutes from March 21, 2017 meeting
3.4. Resolution No. 12, Series of 2017, A Resolution Approving a Lease
Agreement Between the Town of Vail and Vail Recreation District
Regarding the Vail Golf Course; and Setting Forth Details in Regard
Thereto
3.5. Resolution No. 14, Series of 2014, A Resolution Approving a Lease Skate
Park Management Agreement Between the Town of Vail and the Vail
Recreation District; and Setting Forth Details in Regard Thereto
4. Town Manager Report
5 min.
April 4, 2017 - Page 1 of 165
4.1. Financial Eligibility of Deed Restricted Housing to Receive
Conventional Financing
Presenter(s): George Ruther, Director of Community Development
5. Presentations / Discussion
20 min.
5.1. 1-70 Underpass Construction Update 15 min.
Presenter(s): Tom Kassmel, Project Engineer and Matt Figgs, CDOT
Region 3 Project Manager
Background: The 1-70 Vail Underpass project has recently begun the final
phase of construction. CDOT will provide an update on the project and its
progress. The anticipated completion is fall 2017.
5.2. Update on Parking and Transportation Task Force recommended summer 30 min
work plan
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council: Provide direction to the staff on the
information presented as well as provide feedback on the issues regarding
any additional information which would be useful as the Task Force,
community and ultimately Town Council will decide on the whether the Town
of Vail implements summer managed parking.
Background: The purpose of this item is to: Provide Town Council with an
update on the work to date by the Parking and Transportation Task Force
(PATTF); Provide recommendations for Summer 2017 and planning for
Summer 2018; and Request Town Council direction regarding next steps.
The PATTF has convened three meetings in 2017: January 23, February
24 and March 24. The focus of the Task Force has been an evaluation of
summer operations.
Staff Recommendation: Staff recommends at a minimum, funding the three
alternatives at the lowest amount projected. This is a total budget adjustment
of $206,000.
6. Action Items
6.1. Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix 30 min.
Vail Development Agreement Between the Town of Vail and Triumph West,
LLC; and Setting Forth Details in Regard Thereto
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, approve with modifications, or deny
Resolution No. 10, Series of 2017.
Background: The Chamonix Vail Development Agreement is needed to
facilitate the development of Chamonix Vail. The Development Agreement
outlines the general terms of the development and the obligations of the
Town and the Developer, among other important expectations and
considerations. The term of the Agreement shall be from its Effective Date
until January 1, 2019. The general terms and obligations of the Agreement
are outlined in the staff memorandum, dated April 4, 2017.
Staff Recommendation: The Town staff recommends the Vail Town Council
approves Resolution No. 10, Series of 2017, as presented.
6.2. Ordinance No. 2, Series 2017, First Reading, Ordinance making 30 min.
budget adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, and Heavy Equipment Fund of the
2017 Budget for the Town of Vail, Colorado and authorizing the said
April 4, 2017 - Page 2 of 165
adjustments as set forth herein; and setting forth details in regard thereto
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments
Ordinance No, 2, Series 2017
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance
No, 2, Series 2017
6.3. Award contract for design of the South Frontage Road from Vail Valley
Medical Center to Lionshead Parking Structure.
Presenter(s): Tom Kassmel, Project Engineer
Action Requested of Council: Approve Design Contract Award
Background: The Town of Vail has budgeted to reconstruct the South
Frontage Road from the Vail Valley Medical Center to the Lionshead
Parking Structure in 2019. In order to coordinate the projects design with
the pending Vail Valley Medical Center and Evergreen Redevelopments,
Town staff suggests accelerating the design of the project one year so that
design and construction coordination can occur appropriately.
Staff Recommendation: Authorize the Town Manager to enter into a design
contract, in a form approved by the Town Attorney, with SGM in the amount
not to exceed $375,000; to be funded by the traffic impact fee fund.
6.4. Reconstruction of the Gore Valley Trail to Underpass Connection Path
Presenter(s): Tom Kassmel, Project Engineer
Action Requested of Council: Direct staff to proceed with the necessary
coordination to lower the Holy Cross Electric lines in this area to facilitate
the reconstruction of the bike path.
Background: The Town has budgeted to reconstruct the bike path that
connects the Gore Valley Trail to the South Frontage Road at the newly
constructed underpass. The final design requires the overhead power lines
just south of the underpass to be relocated underground. Staff suggests the
town use the Holy Cross Enhancement funds to lower these lines.
Staff Recommendation: Approve the expenditure of $50,000 from the Holy
Cross Electric Enhancement Funds to complete the undergrounding of
1100' power lines from the Liftside condominiums to the Glen Lyon Office
Building.
6.5. Award contracts for the Vail Park Improvement Project and Ford Park
Lighting Control Project
Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape
Architect
Action Requested of Council: Direct the Town Manager to enter into
construction contracts with TriPhase Electric in an amount not to exceed
$98,979 for the Ford Park Lighting Control Project and with MW Golden
Constructors in an amount not to exceed $516,781 for the Vail Park
Improvements project.
Background: The Vail Park Improvement Projects is an assembly of
smaller, funded projects which staff has bid as one construction project to
improve efficiency and create economy of scale and more advantageous
contractor pricing. The work included in the Vail Park Improvement Project
includes the following projects Ford Park - redesign and construction of the
West Betty Ford Way (WBFW) gate Ford Park - site improvements and
landscaping at the West Restroom Building Ford Park - School House
garden and patio Ford Park — Riparian area planting Bighorn Park —
access, picnic pavilion improvements and riparian plantings The Ford Park
15 min.
15 min.
10 min.
April 4, 2017 - Page 3 of 165
Lighting Control Project includes a computerized lighting control system to
allow unlimited dimming and shut-off capabilities of the existing parking lot
and pedestrian path light fixtures. The existing light fixtures were installed
with the anticipation of utilizing this lighting control system and will accept
the required equipment without modification.
6.6. Slifer Square Project Update
Presenter(s): Chad Salli, Project Engineer
Action Requested of Council: Provide staff with direction.
Background: Staff has identified 4 significant maintenance issues
concerning Slifer Square. These included the following: 1. Damaged storm
sewer 2. Storm water being discharged into Gore Creek without treatment
3. Water leaking from the fountain 4. Corroded steel snowmelt mains. Staff
received 2 bids for the Slifer Square Repair Project, RA Nelson
($4,603,393.86) and Icon Inc. ($4,862,821.30). Both bids are over 50%
higher than the estimated construction costs of $3 million.
Staff Recommendation: Staff works with the consultant and contractors to
re-evaluate the current scope and priorities of the project and then re -bid
the project once that evaluation and redesign is complete.
7. Public Hearings
7.1. Ordinance No. 1, Series of 2017, second reading, An Ordinance
Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding
Town Council Call Up of Commission on Special Events Funding Decisions
Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire,
Town Attorney
Action Requested of Council: Approve, amend or deny Ordinance No. 1,
Series of 2017 on second reading
Background: The Vail Town Council (the "Council") directed staff to amend
Section 3-6-8(B) of the Vail Town Code to allow the Council to call up an
appeal on a decision made by the Commission on Special Events within 60
days rather then 10 days.
Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series
of 2017 on second reading
8. Adjournment
8.1. Adjournment 9:10 p.m.
15 min.
5 min.
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, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
48 hour notification dial 711.
April 4, 2017 - Page 4 of 165
TOWN Of9
VAIL TOWN COUNCILAGENDA MEMO
ITEM/TOPIC: Proclamation No. 3, Series of 2017, Recognizing National Library Week 2017
PRESENTER(S): Lori Barnes, Vail Public Library
ATTACHMENTS:
Description
Proclamation No. 3,
April 4, 2017 - Page 5 of 165
TOWN OFVAIL
PROCLAMATION NO. 3, SERIES OF 2017
Recognizing National Library Week as April 9 through 15, 2017
WHEREAS, libraries are not just about what we have for people, but what we do for and with
people;
WHEREAS, libraries have long served as trusted and treasured institutions, and library workers
and librarians fuel efforts to better their communities, campuses and schools;
WHEREAS, librarians are organizers and information experts who for centuries have guided
people to the best information resources. Librarians provide more than facts. They provide the
expertise and services that add meaning to those facts;
WHEREAS, librarians continue to fulfill their role in leveling the playing field for all who seek
information and access to technologies, especially as our society is at a critical juncture
regarding the changing information landscape and the skills needed to thrive in our digital world;
WHEREAS, libraries and librarians are looking beyond their traditional roles and providing more
opportunities for community engagement and delivering new services that connect closely with
patrons' needs;
WHEREAS, libraries and librarians open a world of possibilities through innovative STEAM
programing, Makerspaces, job -seeking resources and the power of reading;
WHEREAS, libraries support democracy and effect social change through their commitment to
provide equitable access to information for all library users regardless of race, ethnicity, creed,
ability, sexual orientation, gender identity or socio-economic status;
WHEREAS, libraries work to serve all community members, including people of color,
immigrants, people with disabilities, and the most vulnerable in our communities, offering
services and educational resources that transform communities, open minds and promote
inclusion and diversity;
WHEREAS, libraries, librarians, library workers and supporters across America are celebrating
National Library Week;
NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim our support of
National Library Week, April 9-15, 2017. We encourage all residents to visit the library this
week and explore what's new at your library, and engage with your librarians. Because of you
and our experts in the library, Libraries Transform.
April 4, 2017 - Page 6 of 165
April 4, 2017 - Page 7 of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Proclamation No. 4, Series of 2017, Recognizing Stan Zemler, Town Manager
PRESENTER(S): Dave Chapin, Mayor
ATTACHMENTS:
Description
Proclamation No. 4
April 4, 2017 - Page 8 of 165
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TOWN OF VA
PROCLAMATION NO. 4, SERIES OF 2017
IN RECOGNITION OF STAN ZEMLER, VAIL'S TOWN MANAGER
WHEREAS, the Vail Town Council hired Stan Zemler as Town Manager in August
2003, a seasoned manager from Boulder, Colorado, who has been serving as leader
and advisor of the Town of Vail for over thirteen years, a tenure record that is most
notable and remarkable for municipal managers serving local government, and;
WHEREAS, Zemler's achievements in Vail are far ranging, he's best known for
astutely managing the town's finances during good times and downturns, while helping
to direct major capital and profitable investments in Vail benefitting both residents and
guests alike, including special events, public facilities, local parks, housing, roads and
streetscapes, as well as support of environmental and forest health initiatives, and;
WHEREAS, Zemler helped foster and build upon an organizational foundation that
innately takes a "premier and prideful" stance and approach when delivering customer
service and municipal operations; his relationships with employees can be deemed as
friendships and his values of respect, commitment and ownership in Vail's future are
well aligned and ingrained in the organization, and;
WHEREAS, Zemler's ability to foster relationships with the town's partners, such as
Vail Resorts, Inc., the businesses, the community schools, non profit agencies as well
as the local residents, has taken Vail in positive directions to enhancing its economy,
culture, education, and environment. His role in leveraging a state and federal
presence with the 1-70 Coalition and Colorado Association of Ski Towns has been
invaluable in bringing attention to the challenges of a ski resort community and solving
problems collectively and collaboratively, and;
WHEREAS, Zemler's qualities are about creating "bridges" in relationships and
negotiation and decision-making, a style that has strengthened the community at large;
he is considered a good listener, trusted mentor, consensus builder, collaborator, good
communicator, insightful, pragmatic, passionate, professional, thoughtful, patient and
steadfast, and conducts business with the highest integrity and in a most humble and
inconspicuous manner, all with a sense of humor along the way; his amazing attributes
have carved out his destiny and legacy with the Town of Vail, and;
April 4, 2017 - Page 9 of 165
April 4, 2017 - Page 10 of 165
NOW, THEREFORE, the Vail Town Council proclaims our sincerest appreciation
and heartfelt thanks to Stan Zemler for his years of service to our community and
hereby recognizes his remarkable career with the Town of Vail. He has facilitated
shaping and enhancing our community in all regards and we acknowledge and hold in
high esteem his leadership and values which were instrumental in achieving our vision
and status as "a premier international mountain resort community," a place that is a truly
unique and magical place to live, work and play. Not only will his distinguished service
and legacy live with us forever, but his friendship will, too! Thank you, Stan Zemler!
Dated this 4t" day of April 2017.
Vail Town Council Attest:
Dave Chapin, Mayor
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April 4, 2017 - Page 10 of 165
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from March 7, 2017 meeting
ATTACHMENTS:
Description
Minutes from March 7, 2017 meeting
TOWN Of9
April 4, 2017 - Page 11 of 165
Vail Town Council Meeting Minutes
Tuesday, March 7, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Michael Cacioppo thanked town staff for responding to a public information request, specifically
the Town Attorney and Finance Director, who assisted with an article about federal funds at risk
in sanctuary cities. It was noted Town of Vail did not approve this kind of status officially.
Paul Rondeau, resident, presented comments about the Marriott Residence Inn project and the
need to be cautious about employee housing restrictions.
2. Proclamations
2.1. Proclamation No. 1, Series of 2017, In recognition of Vail's Trailblazer Award Recipients'
Vi and Byron Brown
Presenter(s): Dave Chapin, Mayor
Background: The Vail Trailblazer Award is presented to recognize an individual, couple or team
that exemplifies the spirit and fortitude in making Vail a great community through one or more
actions that make a lasting impact. Recipients will be recognized for their pioneering
contributions of time and talent, courage, leadership, vision and commitment in their endeavor
to enhance Vail's social, recreational, cultural, educational and environmental values that define
the community. The Trailblazer Award was created as a legacy project when the Town of Vail
was preparing to celebrate its 50th birthday on August 23, 2016.
Mayor Chapin presented the award and the town council approved and read the proclamation
into the record. Vi and Byron Brown thanked the community for the recognition.
2.2. Proclamation No. 2, Series of 2017, In Recognition of One Book One Valley 2017
Presenter(s): Lori Ann Barnes, Town Librarian, Dave Chapin, Mayor
Background: The proclamation announces the 2017 One Book One Valley community read
program which is sponsored by regional towns and offer numerous opportunities to review the
Town Council Meeting Minutes of March 7, 2017 Page 1
April 4, 2017 - Page 12 of 165
book through events and lectures. This year's chosen book is "High Divide" by Lin Enger ( a
teacher of English at Minnesota State University).
The proclamation was read by the Town Council and approved.
3. Presentations / Discussion
3.1. Vail Police Department Life Saving Recognition Awards
Presenter(s): Dwight Henninger, Police Chief, Marc Wentworth, Director, Vail Public Safety
Communications Center
Background: Vail Public Safety Communications Center dispatchers Kelly Klein, Tina Mojzer
and Michelle Aranda were each awarded with lifesaver awards during 2016 and this serves as
follow up to the recognition at an official public meeting.
Three life saving recognition awards were presented by Police Chief Dwight Henninger and
Director of Vail Public Safety Communications Center Marc Wentworth. The three employees,
Kelly Klein, Tina Mojzer, and Michelle Aranda, were commended and honored by Mayor Chapin
for their life-saving actions and noted as exceptional employees performing exceptional services
on behalf of the town and for the community.
4. Appointments for Boards and Commissions
4.1. Appointments to Art in Public Places Board
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint two people to serve two years terms, April 1, 2017-2019.
There are two applicants for the two vacancies on the AIPP Board, Margaret Rogers and Susan
Bristol. Both applicants interviewed November 2016 when there was one vacancy. Since these
two people were recently interviewed, it was decided to move forward with the appointments.
Town Council shall appoint two (2) members for terms of two years each. This appointment
term will end March 31, 2019.
Bruno moved to appoint Margaret Rogers and Susan Bristol to serve two year terms on the Art
in Public Places Board; Langmaid seconded the motion and it passed (7-0).
5. Consent Agenda
5.1. Minutes from February 7, 2017 meeting
5.2. Minutes from February 21, 2017 meeting
5.3. Resolution No. 6, Series of 2017, A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and Eagle County Regarding Intermountain Forest Health and Setting
Forth Details in Regard Thereto
5.4. Resolution No. 8, Series of 2017 A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and Eagle County Concerning a Grant of Trail Maintenance Funds
and Setting Forth Details in Regard Thereto
5.5. Self Contained Breathing Apparatus Contract Award
Town Council Meeting Minutes of March 7, 2017 Page 2
April 4, 2017 - Page 13 of 165
Cleveland moved to approve the consent agenda with the exception of the February 7 minutes;
Moffet seconded the motion and it passed (7-0). Cleveland moved to approve minutes from
February 7, 2017; Foley seconded the motion and it passed (6-0-1; Moffet abstained).
6. Town Manager Report
There was nothing reported at this time.
7. Action Items
7.1. Present the Vail Local Housing Authority recommendation for the deed restriction
requirements for Chamonix Vail and provide an update on the development schedule and
proposed lottery process
Presenter(s): George Ruther, Director of Community Development; Michael O'Connor, Triumph
Development West; Mike Cuthbertson, RA Nelson
Action Requested of Council: Does the Vail Town Council support the recommendation of the
Vail Local Housing Authority and the proposed requirements contained within the Chamonix Vail
Deed Restriction? If so, the Team will take the steps necessary to finalize the deed restriction. If
not, what specific changes to the deed restriction are required?
Background: The 32 townhomes at Chamonix Vail will all be deed restricted. The terms of the
deed restriction are in place to ensure the Town achieves its objectives for the new
development. The deed restriction must be approved prior to applicants submitting for
participation in the lottery selection process. The deadline for submitting to participate in the
lottery selection process is March 17th. A final determination on this matter is needed to remain
on schedule for an April construction start.
Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council
approves the Chamonix Vail Deed Restriction as presented.
Ruther noted the attachments included in the council packet materials; he also noted the Vail
Local Housing Authority members were present. The Chamonix Vail deed restriction
requirements were reviewed identified below:
1. Occupancy shall be limited to Owners choosing to continuously occupy the homes, make the home
their permanent place of residence, and work at least 30 hours per week at a business licensed
within Eagle County.
2. Future transfer of ownership shall be through the Town of Vail to a Qualified Buyer.
3. "Non -Qualified Owners" shall be prohibited.
4. Provisions shall exist for circumstances of inheritance.
5. Owners may rent part of their homes provided certain requirements are met.
6. The Town of Vail shall maintain a first option to purchase on all transfers.
7. Owner shall be afforded an opportunity to obtain a "Maximum Resale Price" cap upon the sale of a
Chamonix Vail home.
8. Acceptance of a deed in lieu of foreclosure assignment shall cause the deed restriction to remain in
full force and effect.
9. Terms shall be provided to address matters of breach of the deed restriction.
10. A partial reimbursement for certain capital improvements costs may be added to the Maximum
Resale Price upon sale.
11. Owners may not own other residential property in Eagle County.
Town Council Meeting Minutes of March 7, 2017 Page 3
April 4, 2017 - Page 14 of 165
Ruther also noted the VLHA recommendation to the Vail Town Council for additional
restrictions, as follows:
• To maintain affordability over time, the Maximum Resale Price should be correlated to historical
changes, (+/-) in the Area Median Income, Median Family Income, Consumer Price Index, etc.
within Eagle County, Colorado. Over the past two decades these indexes have changed 1.64% to
2.48%, respectively. For ease of implementation a 1.5% per Annum adjustment is recommended.
• To avoid unintended consequences of residential property ownership, a Qualified Buyer may own
residential property, land and/or homes, outside of Eagle County, Colorado.
There was some discussion about several items:
✓ How the low end of appreciation cap of the 1.5% was determined and is it too low?
✓ The appreciation caps for Vail Commons and Chamonix
✓ The affordability factor for the projects
✓ Request to the maximum resale price to include the word "cap" on the 1,5% per annum and
that it is not guaranteed appreciation if the market goes down
✓ Request to include voter registration as a requirement
Ruther noted they'd like direction about the agreement on the deed restriction as it is time to
provide the information to lenders and other parties interested in the process. He noted the
town would collect a 2% administrative cost for charges for administrative services provided.
Chapin invited public comments at this time.
• Chris Neuswanger, mortgage broker, expressed suggestions about adjustments to the deed
restrictions in an effort to create ease of financing and refinancing for the homeowners. He
suggested using some languages from the Chamonix guidelines. There was also some
discussion surrounding the notice requirements associated with foreclosures.
• Jessie Klehfoth potential buyer, expressed concerns about current ownership and the
transition to Chamonix ownership with some of the restrictions and the uncertainty that
would exist with the completion of the construction. It was noted with buying and selling and
construction of new housing there would always be some uncertainties and risks.
• Michael Cacioppo asked questions related to foreclosures and recouping costs.
• Mark Bergman, potential buyer, expressed need to better understand how capital
improvements play into costs and appreciations.
Chapin closed the public input at this time. There was consensus to move foreword with the
VLHA recommended deed restriction requirements with the addition of the voter registration
requirement. The maximum 1.5% annum appreciation cap would remain, the Eagle County
property ownership would not be allowed and deed restriction property ownership would be
addressed.
Ruther moved the discussion to an update on the 1) potential buyers, 2) the lottery selection
process, and the 3) project schedule. Economic & Planning Systems (EPS) was asked to
provide a point -in -time evaluation of the depth of future buyers. EPS has worked on affordable
housing project developments in numerous communities in mountain settings as well as urban
markets. The following were key takeaways from their review of the current applications:
• • 127 respondents to the Homebuyer Questionnaire; 121 of these are considered to be
• potential homebuyers because they currently live in the area
• • 54% from Vail / 35% from Avon/Edwards / 11% renting outside of those locations
• 30% currently own their own home, and 70% are renters
• 67% of respondents are in a 1 or 2 person household
• 45% of respondents have been prequalified to purchase a home
• Half of respondents have an annual income over $100,000, while 31% earn less than $75,000.
Town Council Meeting Minutes of March 7, 2017 Page 4
April 4, 2017 - Page 15 of 165
A review of the lottery selection process was addressed next and staff set forth the following
requirements for participation:
✓ Completion of a Chamonix Vail Home Buyer Qualifying Application.
✓ Demonstrated ability to comply with the terms of the deed restriction if selected for home purchase.
✓ Demonstrated ability to secure financing for the home type(s) desired.
✓ Signed acknowledgement of acceptance of the terms of the Chamonix Vail Reservation Agreement
and Purchase/Sale Agreement.
✓ Demonstrated participation and successful completion of a Town of Vail or Valley Home Store
sponsored Homebuyer Education Class within the previous 12 months.
✓ One chance per household for the one home type desired in the lottery selection process per
Qualifying Application.
✓ Creation of a Chamonix Vail Home Buyer Wait List to address situations of selected home buyers
"falling out" of the home purchase process.
Staff continued to recommend the selection process not include a weighted preference towards
place of residency or place of employment, as a true lottery selection process is when each
participate shares an equal chance of being selected. Ruther took time to review each step of
the process as outlined in the council packet memo. It was recommended that all lottery
participants come to the lottery on May 3rd with a prepared and prioritized list of homes (i.e.
type and location) they would reserve and purchase if their name is selected in the lottery.
Public input was taken at this time and there was some discussion about how many times a
couple can enter the lottery, details about the pre qualification vs the down payment , the
reservation system, and the wait list criteria.
The project team reviewed the project schedule, noting the two schedules as follows:
Original Schedule:
➢ Development Team continues with expedited design packages including site, utility and building
foundation permit packages. The site and utility permit package will be ready for submission by March
16, 2017.
➢ On March 21, Staff/Council will review the depth of completed lottery applications. There are more
than 147 people who have completed the Home Buyer Questionnaire to date.
➢ Based on the strength of this market, council authorizes early construction activities beginning on
April 3, 2017. These early authorized scopes include the following subcontractors (total value of these
contracts authorized are in parenthesis):
grading ($1,375,000),
utilities ($525,000),
factory deposits ($1,340,000),
concrete foundations ($1,110,000),
General Conditions ($75,000).
At this time we would lock in the value of portions of the GMP.
➢ Of these commitments only $575,000 of local construction and $1,340,000 modular deposit will be
spent prior to May 10, 2017. All of these early scopes are work that needs to be done regardless
of any phasing plan and the Town will always retain the option to stop construction or change
the phasing plan — even with work underway.
➢ Finalize coordination with the modular plant and complete Contract Design Package for pricing on
April 7. Finalize Guaranteed Maximum Price (GMP) on April 28.
➢ Run lottery on May 3, 2017. Make final phasing determination and execute the final GMP
Development Contract on May 10, 2017 based on the results of that lottery.
➢ Under this original schedule, we will begin site and utility construction in early April -2017; pour
concreted for the first units in early May -2017; deliver the first units in November -2017; deliver final
units March -2018.
Town Council Meeting Minutes of March 7, 2017 Page 5
April 4, 2017 - Page 16 of 165
Alternative Schedule:
➢ Council approves grading and utility work to commence in early April. Total scope of work
$1,900,000. Only $575,000 completed prior to lottery.
➢ Complete GMP construction documents for all construction in April 7.
➢ Run lottery selection process and reserve homes May 3.
➢ Determine phasing and sign the GMP on May 10. Council authorizes final GMP and Champion
deposit based on lottery results.
Mike Cuthbertson, RA Nelson, provided the basis for the proposed schedules and estimated
costs. There were questions about the guaranteed maximum price (GMP) that has not yet been
provided. It was noted the form of the contract and documents must be decided upon first and
then the numbers follow; they are still waiting for bid contracts to be returned by subcontractors.
Zemler noted the town has a budget for the project and that would serve as the amount. There
was not a good comfort level about starting the project without the executed documents. There
was a preference for using the original project schedule. It was noted the documents would be
reviewed at the next meeting March 21. Other business discussion points were:
✓ the variable is the pricing from the subs which in turn determines the schedule
✓ design detail is not ready which is why the estimate are lagging
✓ documents with all subcontractor bids may not be ready until April 14
✓ would like authorization to move forward with some of the construction activities
✓ the town will not move foreword without the GMP and executed documents
VLHA member Mary McDougall provided clarity to the prequalification letter which includes
information from the applicant about income and liabilities and noted there is still another step of
approval which evaluates assets, liabilities, credit, liquidity. She noted the pre approval step
requires much more diligence by the applicant and the lender and identifies the prequalification
letter vs. the final verification of a loan.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 8:40 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of March 7, 2017 Page 6
April 4, 2017 - Page 17 of 165
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from March 14, 2017 special meeting
ATTACHMENTS:
Description
Minutes from March 14, 2017 special meeting
TOWN Of9
April 4, 2017 - Page 18 of 165
Vail Town Council Special Meeting Minutes
Tuesday, March 14, 2017
10:00 A.M.
Vail Town Council Chambers
1. Call to Order by the Mayor
The special meeting of the Vail Town Council was called to order at approximately 10:00 A.M.
by Mayor Chapin. He noted the meeting was not open to the public.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Moffet moved to convene to executive session noting the citations on the agenda below,
(Agenda items 2.1 & 4.1); Cleveland seconded the motion and it passed (7-0)..
2. Executive Session
2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions,
develop a strategy and instruct negotiators, Regarding: Development Agreement with Triumph
Development and Town Manager Candidate Selection/Contract Negotiations
Presenter(s): Matt Mire, Town Attorney, Kathleen Halloran, Finance Director, George Ruther,
Director of Community Development
Background: Not open to public
3. Break
3.1. Lunch Break — from 11:45 a.m. until 12:20 p.m.
4. Executive Session II
4.1. CONTINUED Executive Session, pursuant to: 2) C.R.S. §24-6-402(4)(e) - to determine
positions, develop a strategy and instruct negotiators, Regarding: Town Manager Candidate
Selection
Presenter(s): Matt Mire, Town Attorney and Ron Holifield, Strategic Government Resources
Others present: Krista Miller, Human Resources & Risk Management Director
Background: Not open to the public
Special Town Council Meeting Minutes of March 14, 2017 Page 1
April 4, 2017 - Page 19 of 165
6. Presentations / Discussion - Informational only:
6.1. Vail Annual Community Meeting will be held from 5 p.m. until 7 p.m. at Donovan Pavilion
There being no further business to come before the council, Moffet moved to adjourn the special
meeting and Langmaid seconded the motion which passed (7-0) and the meeting adjourned at
2:00 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Special Town Council Meeting Minutes of March 14, 2017 Page 2
April 4, 2017 - Page 20 of 165
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from March 21, 2017 meeting
ATTACHMENTS:
Description
Minutes from March 21, 2017 meeting
TOWN Of9
April 4, 2017 - Page 21 of 165
Vail Town Council Meeting Minutes
Tuesday, March 21, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Mayor Chapin recognized the Colorado State Legislature's recognition of Vail's Trailblazer
recipients Vi and Byron Brown as submitted by State Senator Kerry Donovan.
2. Appointments for Boards and Commissions
2.1. DRB Appointments
Presenter(s): Dave Chapin, Mayor
Background: Two vacancies exist on the Town of Vail Design Review Board; interviews were
conducted during the afternoon,. The term of each appointment begins April 1, 2017 and ends
on March 31, 2019, two year terms.
Bruno moved to appoint Peter Cope and Doug Cahill to two year terms on the Design Review
Board; Foley seconded the motion and it passed (7-0).
2.2. Planning and Environmental Commission (PEC) Appointments
Presenter(s): Dave Chapin, Mayor
Background: Four vacancies exist on the Town of Vail Planning and Environmental
Commission; interviews were conducted during the afternoon. There are three vacancies with
two year terms and one vacancy with one year term (as a result of a resignation). Terms begin
April 1, 2017 and end March 31, (2018 and 2019).
Bruno moved to appoint Brian Gillette, John -Ryan Lockman, Karen Perez to two-year terms on
the PEC, April 1 2017 to March 31, 2019, and Pamela Hopkins to a one-year term on the PEC,
April 1, 2017 to March 31, 2018. Moffet seconded the motion and it passed (7-0). Foley
thanked everyone who interviewed for the positions.
Town Council Meeting Minutes of March 21, 2017 Page 1
April 4, 2017 - Page 22 of 165
3. Consent Agenda
3.1. Resolution No. 9, Series of 2017, supporting the Live Well Colorado Healthy Eating and
Active Living Cities and Towns Campaign recognizes the importance of health and physical
activity to the Town of Vail's culture and community
Background: The Live Well Colorado HEAL Campaign supports stated Town of Vail Values in
the Vail 20/20 Strategic Action Plan and ongoing local programs such as actively green and the
town's efforts to become a certified sustainable destination.
3.2. Resolution No. 11, Series of 2017, A Resolution Approving an Agreement Between the
Town of Vail and Aspen Wireless Technologies, Inc. Concerning a Network Operating
Agreement and Setting Forth Details in Regard Thereto
3.3. 2017 Vail Slurry Seal Project contract award
Presenter(s): Chad Salli, Project Engineer
Background: On March 10, 2017 staff received two bids for the 2017 Vail Slurry Seal project.
This year's streets to receive a preventative maintenance slurry seal are Spraddle Creek Rd,
Potato Patch Dr, Sandy Lane, Beaver Dam Rd, Beaver Dam Cir, Forest Rd and Rockledge Rd.
This project is budgeted within the Capital Streets Maintenance budget. Staff recommends
Town Council authorize the Town Manager to enter into an agreement, in a form approved by
the Town Attorney, with A-1 Chipseal in an amount not to exceed $140,000.00.
Moffet moved to approve all items on the consent agenda; Bruno seconded the motion and it
passed (7-0).
4. Town Manager Report
There was nothing reported at this time.
5. Presentations / Discussion
5.1. Open Lands Plan Update
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager; Tom Braun, Braun
Associates
Action Requested of Council: Staff requests the Vail Town Council participate in the discussion
and ask any pertinent questions, however as this is an update there is no formal action
requested.
Background: The most recent step in the planning process for the update to the 1994 Open
Lands Plan was an in-depth Community Workshop, held on February 22nd at the Grand View
Room, where the facilitator provided background information on what has changed since the
original Plan and context for the discussion. Participants were asked to work in small groups to
develop a response on each of the topic areas: land acquisitions, trails, and use of town lands.
Staff Recommendation: As this is an update to the Vail Town Council on the process for the
Open Lands Plan update, there is no staff recommendation at this time.
Town Council Meeting Minutes of March 21, 2017 Page 2
April 4, 2017 - Page 23 of 165
The presentation made by Tom Braun addressed the following topics: 1) Summary of
community meeting #1, 2) Current work program, 3) Community meeting #2, 4) Project
schedule. There were many reasons noted as to why the need for a plan update, it is 22 years
old and things have changed since '94, such as Population growth, growth in summer visitation,
Gore Creek listed as Impaired, housing challenges, development of regional recreation facilities,
increase in types of trail use. There was a summary of what was heard from the public
neighborhoods on numerous topics identified below:
ACTION PLAN / LAND ACQUISITIONS
✓ Protection of sensitive environmental resources
✓ Housing
✓ USFS lands
TRAILS
✓ Trails in general — user groups
✓ Wildlife and environmental considerations
✓ Neighborhood connectors
USE OF TOWN LANDS
Recommendations:
A summary of the WORK PROGRAM related to each item was reviewed.
Action Items/Land Acquisition
• Evaluate 51 Action Items/recommendations from '94 Plan
• Define "sensitive environmental resource", evaluate bio -diversity
• ID potential for new Action Items to further environmental goals, re: Gore Creek/Wildlife
• Evaluation of all Town -owned lands, re: housing/public uses
• Evaluation of USFS lands
Trails
• Alternatives for addressing user conflicts
• Define design parameters for trails
• Assess environmental/wildlife impacts
• Comprehensive plan of existing trails and types of trails
• Evaluation of other trail improvements from '94 Plan
• Feasibility of Concept Plan — neighborhood connectors
Use of Town Lands
• Evaluate RETT purchases/Open Space Designations
• Evaluate/inventory all Town -owned lands
• Open space protection techniques
• Future town needs/suitability of available lands
• Management of Town open space
• Wildfire
Next steps and the project schedule were reviewed. There was note made that the process is
addressing open lands and not open space. There were comments made related to using open
lands for housing and the meeting input seemed to not support that approach. There was no
public input heard at this time. The planning would include another public meeting
Town Council Meeting Minutes of March 21, 2017 Page 3
April 4, 2017 - Page 24 of 165
5.2. Ford Park 2017 Summer Managed Parking Calendar
Presenter(s): Greg Hall, Director of Public Works & Transportation
Action Requested of Council: Request input and approval on the 2017 Ford Park Summer
Managed Parking Calendar as prepared by staff and the Ford Park User Groups.
Background: Each spring the summer activities and events calendar is reviewed by the Ford
Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail
Valley Foundation (Gerald R. Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and
Walking Mountains Science Center (as operators of the Vail Nature Center). The group's
proposed 2017 managed and paid parking program is attached. Similar parking operations and
transit service as 2016 will be provided.
Greg Hall presented the 2017 calendar for Ford Park managed parking days as developed by
the Ford Park User Group. There was some discussion about allowing customers paying only
one time and allowing them to leave once, a philosophy that has been followed by the parking
attendants. There was no public input on the topic.
5.3. Chamonix Vail — Home Buyer Lottery Selection Process Update
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: No action is required at this time. Background: The purpose of this
memorandum is to present the lottery selection process for home purchases at Chamonix Vail
and provide an update on the lottery applications submitted following the March 17th application
deadline.
Ruther presented an update on the Home Buyer Lottery Selection Process and the potential
buyers at Chamonix housing development. Some of the highlights of the buyers were reviewed
with a presentation drafted by independent third party Economic and Planning Systems, Inc. .
■ Development Plan includes:
Unit Type Max. Sales Price Number of Units
2-1: 2 Bedroom, 1 -Car Garage
2-2: 2 Bedroom, 2 -Car Garage
3-1: 3 Bedroom, 1 -Car Garage
3-2: 3 Bedroom, 2 -Car Garage
3L-2: 3 Bedroom, 2 -Car Garage
$399,000
$499.000
$545,000
$599,000
$739.000
5
5
10
8
4
■ 90 applications submitted; 87 analyzed
• Lottery applicant profiles (location, renters vs. owners, earnings, etc.)
• Interest by unit types
• Prequalification level of applicants
Town Council Meeting Minutes of March 21, 2017 Page 4
April 4, 2017 - Page 25 of 165
■ Qualified interest by unit type
Planned Total
Unit Type Units #1 Ranks #2 Ranks #3 Ranks #4 Ranks #5 Ranks Interest
2-1
2-2
3-1
3-2
3 L-2
5
5
10
8
4
■ Demand Summary
Only Qualified Applicants
34
11
8
16
6
Total High Total Low Planned
Unit Type Interest Interest Units
#1, #2 #3, #4, #5
2-1
2-2
3-1
3-2
3L-2
43
27
18
29
9
16
11
14
7
9
5
5
10
8
4
9
16
10
13
3
2
6
12
5
4
4
5
2
2
2
10
0
0
0
3
59
38
32
36
18
In summary, Ruther noted that the demand is greater than the supply and they will continue to
gather more information from the applicants. He noted the greatest demand was for the 2 BR
and 1 Car Garage. He then noted the lottery application process closed last Friday and they
would continue to work with EPS on the analysis of the information. The timeline for the lottery
selection process is outlined below:
■ The deadline for submitting a complete lottery application to the Town of Vail Community
Development Department is 5:00 pm, Friday, March 17th.
■ An invitation to participate in lottery will be sent out to the lottery participants by 5:00 pm,
Friday, March 31st.
■ Draft copies of the legal documents (i.e., Chamonix Vail Deed Restriction, Chamonix Vail
Reservations Agreement, Chamonix Vail Home Owners Association Documents, Chamonix
Vail Purchase Agreement) will be provided to the lottery participants the week of April 3rd.
■ The Chamonix Vail Home Buyer Lottery will be held at the Donovan Pavilion, 6:00 pm,
Wednesday, May 3rd.
■ Lottery winners will have up to five days (5:00 pm, Monday, May 8th) to execute a Chamonix
Vail Reservation Agreement with the Town acknowledging their intent to purchase a new
home at Chamonix Vail.
They recommend all lottery participants come to the lottery on May 3rd with a prepared and
prioritized list of homes (i.e. type and location) they would reserve and purchase if their name is
selected in the lottery. He noted the legal documents were being drafted and applicants would
be provided them by April 3; they are due back for the drawing and nothing was going to be
negotiable. There was information provided about how they will manage the wait list by showing
an example. Ruther thanked Kim Bell Williams and Mary McDougall who led five first time
home buyer classes. There was some discussion about the type of loans that would be
available for the purchase of these deed restricted units; Cleveland requested more information
be presented on the topic. Public input was invited at this time.
Town Council Meeting Minutes of March 21, 2017 Page 5
April 4, 2017 - Page 26 of 165
Chris Fitzgerald, resident, suggested having the ability for the applicants to observe the
process of the construction and inquired about how many applicants would have kids at the
school.
6. Action Items
6.1. Ordinance No. 1, Series of 2017, First Reading, An Ordinance Amending Title 3, Chapter 6,
Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special
Events Funding Decisions
Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney
Action Requested of Council: Approve, amend or deny Ordinance No. 1, Series of 2017 on first
reading
Background: The Vail Town Council (the "Council") directed staff to amend Section 3-6-8(B) of
the Vail Town Code to allow the Council to call up an appeal on a decision made by the
Commission on Special Events within 60 days rather then 10 days.
Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series of 2017 on first
reading
There was some discussion about the timeframe and whether it might be too long or too short.
The sixty days were agreed upon and it was suggested it could always be changed. Bruno
moved to approve Ordinance No. 1, Series of 2017, First Reading, An Ordinance Amending
Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of
Commission on Special Events Funding Decisions. Cleveland seconded the motion and it
passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 7:20 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of March 21, 2017 Page 6
April 4, 2017 - Page 27 of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 12, Series of 2017, A Resolution Approving a Lease Agreement
Between the Town of Vail and Vail Recreation District Regarding the Vail Golf Course; and Setting
Forth Details in Regard Thereto
ATTACHMENTS:
Description
Golf Course and Skate Park Memorandum
Resolution No. 12, Series of 2017
April 4, 2017 - Page 28 of 165
TOWN OFD
Memorandum
TO: Vail Town Council
FROM:Greg Hall, Director of Public Works and Transportation
DATE: April 4, 2017
SUBJECT: Golf Course Lease Skate Park Management Agreement
I. PURPOSE
The purpose of this agenda item is to approve the following documents:
• A new lease for the Vail Golf Course to incorporate the improvements made to the Golf
and Nordic Clubhouse and establish maintenance standards for all the improvements.
• A Skate Park Management Agreement to incorporate the new Skate park built at the
Lionshead Structure.
II. BACKGROUND
In 2015 the Town of Vail undertook two projects in which the Vail Parks and Recreation District
leased and managed, these being the Golf and Nordic Clubhouse and the Lionshead
Skateboard Park. In addition, there are specific conditions of approval which occurred with each
of the different projects the lease language was modified to require strict adherence to the
conditions of approval. In addition maintenance requirements were established to require
consistently high standards for all the parties.
The documents were reviewed both internally with Town Staff and distributed and reviewed with
the Vail Parks and Recreation District. The documents have been modified where it was
appropriate based on the comments received from the parties.
ACTION REQUESTED
The Town Council is asked to approve Resolutions Numbers 12 and 14, Series of 2017, for the
leases the Vail Recreation District, and Skate Park Management agreement and direct the
Town Manager to execute the agreements with the Recreation District.
IV. STAFF RECOMMENDATION
Approve the following documents and direct the Town Manager to execute the agreements with
the various parties.
V. ATTACHMENTS
a. Resolution No. 12, Series of 2017 A Lease Vail Recreation District at Vail Golf Course
b. Resolution No. 14, Series of 2017 A management agreement for the Skate Park
April 4, 2017 - Page 29 of 165
RESOLUTION NO. 12
Series of 2017
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE
TOWN OF VAIL AND THE VAIL RECREATION DISTRICT REGARDING THE
VAIL GOLF COURSE; AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and
State of Colorado is a home rule municipal corporation duly organized and
existing under the laws of the State of Colorado and the Town Charter (the
"Charter");
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified;
WHEREAS, the Vail Recreation District (the "District") is organized for the
primary purpose of providing recreational programs and services to its residents
and visitors;
WHEREAS, the Town owns various recreational facilities, including the
Vail Municipal Golf Course;
WHEREAS, it is the desire of both parties to cooperate in the provision of
recreation programs and services to the inhabitants and guests of the Town at
the Golf Course;
WHEREAS, the District has been providing such services under various
lease agreements since 1966 (collectively, the "Prior Lease");
WHEREAS, it is the desire of both parties for the District to continue to
provide these services;
WHEREAS, the Town and the District are authorized by C.R.S. § 29-1-203
to enter into agreements to govern the provision of such services to the
inhabitants and visitors of the Town; and
WHEREAS, the parties intend for this Lease to replace the Prior Lease.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes
the Town Manager to enter into the Agreement with the District, in substantially
the same form as attached hereto as Exhibit A and in a form approved by the
Town Attorney.
Resolution No. 12, Series 2017
April 4, 2017 - Page 30 of 165
Section 2. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 4th day of April, 2017.
Dave Chapin,
Town Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 12, Series 2017
April 4, 2017 - Page 31 of 165
GOLF COURSE LEASE AGREEMENT
THIS GOLF COURSE LEASE AGREEMENT (the "Lease") is made and entered
into as of the day of April, 2017 (the "Effective Date"), by and between the TOWN
OF VAIL, COLORADO, a Colorado municipal corporation (the "Town") and the VAIL
RECREATION DISTRICT, a quasi -municipal corporation and political subdivision of the
State of Colorado (the "District") (each a "Party" and collectively the "Parties").
WHEREAS, the District is organized for the primary purpose of providing
recreational programs and services to its residents and visitors;
WHEREAS, the District imposes an ad valorem mill levy on taxable property within
its boundaries for purposes of defraying in part the costs of fulfilling this mission;
WHEREAS, the Town owns various recreational facilities, including without
limitation the Vail Municipal Golf Course (the "Golf Course");
WHEREAS, it is the desire of both Parties to cooperate in the provision of
recreation programs and services to the inhabitants and guests of the Town at the Golf
Course;
WHEREAS, the District has been providing such services under various lease
agreements since 1966 (collectively, the "Prior Lease");
WHEREAS, it is the desire of both Parties for the District to continue to provide
these services;
WHEREAS, the Town and the District are authorized by C.R.S. § 29-1-203 to enter
into agreements to govern the provision of such services to the inhabitants and visitors of
the Town; and
WHEREAS, the Parties intend for this Lease to replace the Prior Lease.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
adequacy of which is hereby admitted, the Parties hereto agree as follows:
1. Lease of Premises.
a. The Town hereby leases to the District and the District leases from the
Town the real property more particularly depicted in Exhibit A, attached hereto and
incorporated herein by this reference, together with all improvements, including without
limitation all facilities and structures, located on, in, or under such real property (the
"Premises"). The Premises includes without limitation the Golf Course, the Club House
and the Nordic Center.
1
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April 4, 2017 - Page 32 of 165
b. This Lease shall supersede the Prior Lease and any other agreement to
which the Town and the District are Parties with respect to the Premises, and such Prior
Lease and agreements are hereby agreed to be of no further force or effect with respect
to the Town, the District or the Premises.
2. Term and Surrender.
a. This Lease shall commence on the Effective Date and shall terminate on
January 1, 2028 (the "Termination Date"), unless terminated earlier as provided herein.
Provided, however, that this Lease shall automatically renew for an additional 10 year
term, until January 1, 2038, unless either Party provides the other Party with written notice
of its decision to not renew this Lease no later than one year in advance of the Termination
Date.
b. Upon expiration or termination of this Lease, the District's right to use the
Premises and all improvements thereon shall cease, and the District shall promptly quit
and surrender to the Town the Premises in good order and safe condition, ordinary wear
excepted.
3. Rent.
a. The District shall pay Town an annual Rent in the amount of $165,000$ (the
"Annual Rent"), which Annual Rent shall commence in 2017 and will then be increased
annually each year thereafter based on increases in the U.S. Department of Labor's
Consumer Price Index for the Denver -Boulder statistical area. The Town shall deposit
the Annual Rent into the Recreation Enhancement Fund (the "REF"). Once funds are
credited to the REF, they may only be expended on new facilities, major upgrades to
existing facilities, or unforeseen costs to facilities on the Premises; provided, however,
that such funds may be spent on any Town purposes where the Town Council has
determined the need. The Parties intend that "new facilities" or a "major upgrade" under
this Section are facilities or upgrades which enhance the quality or diversity of the public's
experience of the Premises, as the case may be, beyond the experience that would
prevail if the facilities were simply being maintained as required pursuant to this Lease,
and are not mere repairs or replacements of existing capital facilities. On an annual basis,
the District may request a detailed description of revenues to and expenditures from the
REF. Upon the expiration or earlier termination of this Lease, the Town may expend any
funds remaining in the REF on any lawful purpose and without any obligation to the
District.
b. The parties agree to evaluate the feasibility of any revenue or subsidy
sharing in November of 2019.
4. Use of Premises. The Premises shall be used for golf, outdoor winter recreation
programs and services and special events. The use of the Premises shall be further
subject to the following:
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April 4, 2017 - Page 33 of 165
a. The use of the Club House shall comply at all times with the "Vail Golf and
Nordic Club House Management and Operations Plan" dated April 2013 (the "Operations
Plan"), as well as the associated Conditional Use Permit.
b. The Golf Course shall be operated in a high standard and in a manner
comparable to or exceeding other resort -area municipal courses, including public golf
courses operated in Aspen, Breckenridge, and Steamboat.
c. The Club House includes a Banquet Room, which shall be operated in a
high standard and in a manner comparable to or exceeding other first-class wedding and
event venues in the Vail Valley.
d. A committee composed of two District Board Members, the District's
Director, two Town Councilmembers and the Town Manager (a "Recreation
Subcommittee") may be created to act as a liaison between the Parties. The Recreation
Subcommittee may promulgate advisory performance criteria with regard to
programming, facilities usage and other matters related to the District's delivery of
programs and services at the Premises.
5. Town Use.
a. As a benefit for its employees, the District shall provide the Town with as
many season golf, tennis, Nordic, and skating passes as the Town requests. Such
passes shall be non -transferable. Use of the Premises pursuant to such passes shall be
subject to all District policies, rules and regulations.
b. In addition, the Town and only the Town (time in the facility may not be
"gifted" to any organization) shall have a right to use the Club House for special events,
at no cost to the Town other than fees sufficient to cover cleaning costs and compensation
for any District staff required for the event. The Town and the District shall cooperate in
scheduling the Town's events. The Town's use of the Club House shall be subject to the
Operations Plan. The District, on an annual basis, shall submit to the Town the District's
rate sheet of fees associated with the Town's use of the Club House pursuant to this
Section.
c. The Town and the District shall cooperate to use excess parking during
winter months as skier parking.
6. Net Lease. This Lease shall be a net lease, and throughout the Term, except as
otherwise expressly provided herein, all payments and other obligations or liabilities of
any kind regarding the Premises shall be solely the responsibility of the District and not
the responsibility of the Town.
7. Utilities.
a. The District shall be solely responsible for all charges for water, sewer, gas,
electricity, light, heat, power, telephone, video, internet and any other utilities used on or
supplied to Premises.
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April 4, 2017 - Page 34 of 165
b. Irrigation and other water is supplied to the Premises pursuant to various
agreements and interests in water rights. The Parties do not intend for this Lease to
supersede or modify such agreements and rights.
8. Access by the Town. The Town and its agents shall have the right to enter in or
on the Premises to examine them and to perform maintenance, repair, or replacement as
required under this Lease.
9. Alterations.
a. By the Town. The Town retains the right to conduct major changes to the
Premises, including without limitation additions, reconfigurations, tear -downs or
relocations at its discretion. In the event the Town determines to change a portion of the
Premises, whether such change is minor or major (a "major" change including an
expansion, tear -down, reconfiguration, relocation, etc.), the Parties shall meet and revise
the Master List (defined below) of maintenance responsibilities consistent with the most
recent allocation of responsibilities; provided, however, that the District shall not be
obligated to retain or accept responsibility for maintaining, repairing, or replacing any
changed item or new item if the District's estimated cost in doing so is increased by more
than 10% as a result of such change unless such change is agreed to by the District.
b. By the District. The District shall not make any changes to any portion of
the Premises which would adversely change the function, access, value or quality of the
Premises without the Town's prior written approval.
c. Ownership of Improvements. All new facilities or other improvements
affixed to the Premises shall, upon termination of this Lease, unless otherwise agreed at
the time the Town's written approval is obtained or unless the Town requests removal
thereof, become the property of the Town. All items of property purchased by the District
and not affixed to the Premises shall remain the property of the District.
10. Hold Harmless.
a. General. The Parties shall hold each other and each other's agents,
servants and employees harmless from all liability, loss, damages, costs and expenses
arising out of any act, error, omission or negligence in the operation, maintenance or use
of the Premises; provided that this hold harmless provision shall not extend to damages
resulting solely from the negligence or willful misconduct of either Party or its agents,
servants or employees.
b. Damage to Facilities. Neither Party shall be responsible for the repair or
replacement of any facilities or improvements damaged by the negligent or willful acts or
omissions (including without limitation negligent maintenance) of the other Party or its
guests, agents, employees, licensees, or invitees.
11. General Maintenance. The District shall be responsible for all maintenance of the
Premises, including without limitation the following:
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a. Interior Maintenance.
i. Ensuring all lights and doors are operating properly and repairing the same
in a prompt manner, including replacing all light bulbs.
ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at
a minimum on a yearly basis.
iii. Painting or staining the interior elements of the building as needed.
iv. Not less than annually, ensuring that any scratches or dents in the paint or
walls are properly repaired.
v. Repairing and maintaining floors and shampooing any carpets as needed
and at a minimum on an annual basis and repairing and cleaning any marks in a
prompt manner.
vi. Ensuring all bathroom facilities are operating properly and repairing the
same in a prompt manner.
vii. Providing janitorial service for regular and consistent cleaning of the
facilities, including daily or hourly services as needed.
viii. Ensuring that the restrooms are properly stocked with the necessary
supplies.
ix. Ensuring proper and regular trash disposal within the facility and trash
removal from the facility.
x. Repairing and replacing all furniture, fixtures and equipment.
xi. Window washing, as needed.
b. Exterior Maintenance.
i. Maintaining plantings and irrigation systems and other improvements to a
level of quality consistent with that of a golf course in a resort community.
ii. Cleaning exterior surfaces as needed, but at a minimum on an annual basis.
iii. On a semi-annual basis, at a minimum, ensuring that any scratches or dents
in the walls are properly repaired.
iv. Performing litter patrol on a daily basis.
v. Using best management practices to ensure that all exterior maintenance
activities have a minimal impact on the Gore Creek ecosystem.
vi. Window washing, as needed.
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c. Annual Maintenance Log. Each Party shall keep an annual log setting forth
actual expenditures made for maintenance, repairs, and replacements required
hereunder. Each Party shall make such log available to the other party as requested.
d. Annual Review. On an annual basis, the Parties shall meet to discuss the
maintenance and operation of the Premises, compliance with this Lease, any potential
capital expenditures and projects and any other related matters.
12. Capital Maintenance. Capital maintenance responsibilities shall be as set forth in
Exhibit B, attached hereto and incorporated herein by this reference.
13. No Lien. The District agrees that it will not permit or suffer to be filed or claimed
against the interest of the Town in the Premises any lien or claim of any kind during the
terms of this Lease; if such lien or claim is filed, the District, within 30 days after receipt
of notice of such lien or claim, shall cause the lien to be released.
14. Hazardous Materials.
a. Though the Town has no actual knowledge of the presence of any
hazardous materials or other adverse environmental conditions on the Premises, the
Town makes no warranty regarding such materials or conditions.
b. The District shall keep and maintain the Premises in compliance with, and
shall not cause or permit the Premises to be in violation of, any federal, state, or local
laws, ordinances or regulations relating to industrial hygiene or to the environmental
conditions on, under, about, or affecting the Premises. The District shall not use,
generate, manufacture, store, or dispose of on, under or about the Premises or transport
to or from the Premises any flammable explosives, radioactive materials, hazardous
wastes, asbestos, lead-based paints, toxic substances, or related materials, including
without limitation any substances defined as or included in the definition of hazardous
substances, hazardous wastes, hazardous materials, or toxic substances under any
applicable federal or state laws or regulations.
15. Insurance. At all times during the term of this Lease, the District, at its own cost,
shall carry and maintain adequate insurance policies to insure against all liability, claims,
demands and other obligations associated with this Lease. At a minimum, the District
shall procure and maintain the following insurance coverages listed below, with forms
and insurers acceptable to the Town:
a. Workers' Compensation coverage as required by law.
b. Fire and Extended Loss coverage for all improvements on the Premises, in
an amount equal to 100% of the replacement cost of such improvements, naming the
Town as an additional insured.
c. The following coverages in minimum amounts of $1,000,000 for each
occurrence and $1,000,000 general aggregate:
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i. General Liability coverage applicable to the Premises, including bodily
injury, broad form property damage, personal injury, blanket contractual, products
and completed operations, naming the Town as an additional insured.
ii. Comprehensive Automobile Liability coverage for the owned, hired or non -
owned vehicles used in the performance of this Lease, naming the Town as an
additional insured.
iii. Liquor liability coverage if the District has or obtains a liquor license to serve
wine, beer, or intoxicating liquors on the Premises, naming the Town as an
additional insured.
16. Breach.
a. If the District fails to perform any of its obligations under this Lease, the
Town shall provide the District with written notice of the breach. The District shall have
15 days after the date of the notice to cure the breach. If a longer period is reasonably
required to cure the breach and the cure is promptly begun, such cure period shall be
extended for as long as the cure is being diligently undertaken to completion, as
determined by the Town.
b. If the District fails to cure the breach within 15 days after the date of the
notice and a cure is not diligently being undertaken, the Town may, in its sole discretion,
cure the breach without additional notice to the District. If the Town chooses to cure the
breach, the District shall be liable for the costs and fees that the Town expends to cure
the breach, including any costs resulting from the work of Town employees. The District's
liability for costs and fees associated with curing a breach shall survive the termination of
this Lease.
c. In addition to curing a breach by the District, the Town may, in its sole
discretion, terminate this Lease as a result of the District's failure to cure the breach. If
the Town chooses to terminate this Lease under this subsection, it shall give the District
30 days prior written notice.
17. Miscellaneous.
a. Assignment. This Lease and the District's obligations under this Lease shall
not be assignable without the prior written approval of the Town.
b. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town or the District under this Lease is
specifically contingent upon annual appropriation of funds sufficient to perform such
obligation. This Lease shall never constitute a debt or obligation of the Town or the
District under any statutory or constitutional provision.
c. Severability. If any provision of this Lease is determined to be void by a
court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
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d. Integration. This Lease represents the entire agreement between the
parties hereto with respect to the subject matter hereof, and all prior or extrinsic
agreements, understandings or negotiations shall be deemed merged herein.
e. Waiver. No provision of this Lease may be waived to any extent unless and
except to the extent the waiver is specifically set forth in a written instrument executed by
the Party to be bound thereby.
f. Modification. This Lease may only be modified by subsequent written
agreement of the Parties.
g. Governing Law and Venue. This Lease shall be governed by and construed
in accordance with the laws of the State of Colorado, and venue for any legal action
arising out of this Lease shall be in Eagle County, Colorado.
h. No Third Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this Lease, nor shall any third party have any rights to enforce this Lease
in any respect.
No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties, and nothing contained in this Lease shall be construed as
making the Parties joint venturers or partners.
j. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town or the District and their officials, representatives,
attorneys and employees may have under the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended.
k. Notice. Any notice to be sent to the Parties pursuant to the terms of this
Lease shall be considered made three days after it is mailed via first class U.S. Mail to
the following addresses:
Town of Vail:
Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
Vail Recreation District:
Director
Vail, CO 81657
IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective
Date.
ATTEST:
8
TOWN OF VAIL
Stan Zemler, Town Manager
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Patty McKenny, Town Clerk
ATTEST:
9
VAIL RECREATION DISTRICT
Mike Ortiz, Director
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TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 14, Series of 2014, A Resolution Approving a Lease Skate Park
Management Agreement Between the Town of Vail and the Vail Recreation District; and Setting
Forth Details in Regard Thereto
ATTACHMENTS:
Description
Resolution No. 14, Series of 2017
April 4, 2017 - Page 41 of 165
RESOLUTION NO. 14
Series of 2017
A RESOLUTION APPROVING A SKATE PARK MANAGEMENT AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE VAIL RECREATION DISTRICT;
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and
State of Colorado is a home rule municipal corporation duly organized and
existing under the laws of the State of Colorado and the Town Charter (the
"Charter");
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified;
WHEREAS, the Town has determined that the Lionshead Parking
Structure is the best and most appropriate space for a skate park facility (the
"Facility), and the Facility has been constructed in that location;
WHEREAS, the Town and the Vail Recreation District (the "District")
believe that it is in the public interest to continue the existence of the Facility at
the Lionshead Parking Structure until such time redevelopment of the Lionshead
Parking Structure is approved and scheduled to undergo construction; and
WHEREAS, the Skate Park Management Agreement (the "Agreement")
sets forth the parties' obligations with regard to the Facility.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes
the Town Manager to enter into the Agreement with the District, in substantially
the same form as attached hereto as Exhibit A and in a form approved by the
Town Attorney.
Section 2. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 4th day of April, 2017.
Dave Chapin,
Town Mayor
Resolution No. 14, Series 2017
April 4, 2017 - Page 42 of 165
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 14, Series 2017
April 4, 2017 - Page 43 of 165
EXHIBIT A
SKATE PARK MANAGEMENT AGREEMENT
This SKATE PARK MANAGEMENT AGREEMENT (the "Agreement") is
entered into this day of , 2017 (the "Effective Date"), by and
between the TOWN OF VAIL, a Colorado home rule municipality with an address
of 75 South Frontage Road, Vail, Colorado (the "Town"), and the VAIL
RECREATION DISTRICT, a Colorado special district formed pursuant to Title 32
of the Colorado Revised Statutes (the "VRD").
WHEREAS, the Town has determined that the Lionshead Parking
Structure is the best and most appropriate space for a skate park facility (the
"Facility), and the Facility has been constructed in that location; and
WHEREAS, the Town and the VRD believe that it is in the public interest
to continue the existence of the Facility at the Lionshead Parking Structure until
such time redevelopment of the Lionshead Parking Structure is approved and
scheduled to undergo construction.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged,
the Parties agree as follows:
1. Prior Agreement. This Agreement shall supersede and replace the prior
agreement between the Town and the VRD dated October 2, 1998.
2. Town's Obligations. To ensure the continued success of the Facility, the
Town shall:
a. Allocate a portion of the Lionshead Parking Structure for the
Facility;
b. Procure appropriate insurance for the Facility, at the Town's cost;
c. Assist, through its Public Works Department, with the placement of
barriers and fencing to protect users and to segregate the skate park use from
the remainder of the parking structure;
d. Provide, maintain and empty trash containers on a regular basis;
e. Provide assistance through the Public Works Department to make
and place all necessary signage;
f. Pay invoices for repair work at the Facility; and
g. Schedule regular daily visits to the Facility by the Vail Police
Department.
Resolution No. 14, Series 2017
April 4, 2017 - Page 44 of 165
3. VRD's Obligations. To ensure the continued success of the Facility, the
VRD shall:
a. Provide daily inspections of the Facility, and document and keep
records of all inspections;
b. Take appropriate remedial actions including without limitation
closure of individual ramps or the entire Facility, with timely notification to the
Town;
c. Coordinate repairs and maintenance;
d. Manage and coordinate all activities in the Facility including
beverage sales, marketing and promotions, skate instructions, and any other
events to occur in the Facility;
e. Conduct daily opening and closing and litter removal at the Facility;
f. Determine appropriate rules for use of the Facility, such as
requiring the use of helmets;
g. Determine appropriate hours of operation, necessary seasonal
closures for ice and snow and other required closures; and
h. Ensure that all special events at the Facility have been permitted by
the Town through the special event permit process when required.
4. Miscellaneous.
a. Modification. This Agreement may only be modified by subsequent
written agreement of the Parties.
b. Integration. This Agreement and any attached exhibits constitute
the entire agreement between the Parties, superseding all prior oral or written
communications.
c. Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, successors and
assigns.
d. Severability. If any provision of this Agreement is determined to be
void by a court of competent jurisdiction, such determination shall not affect any
other provision hereof, and all of the other provisions shall remain in full force
and effect.
e. Governing Law and Venue. This Agreement shall be governed by
the laws of the State of Colorado, and any legal action concerning the provisions
hereof shall be brought in Eagle County, Colorado.
Resolution No. 14, Series 2017
April 4, 2017 - Page 45 of 165
f. Assignment. There shall be no transfer or assignment of any of the
rights or obligations of either Party under this Agreement without the prior written
approval of the other Party.
g. Third Parties. There are no intended third -party beneficiaries to this
Agreement.
h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town or the VRD under this
Agreement are specifically contingent upon annual appropriation of funds
sufficient to perform such obligations. This Agreement shall never constitute a
debt or obligation of the Town or the VRD within any statutory or constitutional
provision.
i. Governmental Immunity. In making this Agreement, both Parties
and their officers and their employees are relying on and do not waive or intend
to waive the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et
seq., as amended, or otherwise available to the Town or VRD, their officers or
their employees.
j. No Joint Venture. Notwithstanding any provision hereof, the Town
shall never be a joint venture in any private entity or activity which participates in
this Agreement, and the Town shall never be liable or responsible for any debt or
obligation of any participant in this Agreement.
k. Notice. Any notice under this Agreement shall be in writing, and
shall be deemed sufficient when directly presented or sent pre -paid, first class
United States Mail to the Party at the address set forth on the first page of this
Agreement.
WHEREFORE, the Parties have executed this Agreement as of the
Effective Date.
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 14, Series 2017
TOWN OF VAIL, COLORADO
Stan Zemler, Town Manager
VAIL RECREATION DISTRICT
April 4, 2017 - Page 46 of 165
Mike Ortiz, Director
ATTEST:
Resolution No. 14, Series 2017
April 4, 2017 - Page 47 of 165
VAIL TOWN COUNCILAGENDA MEMO
ITEM/TOPIC: Financial Eligibility of Deed Restricted Housing to Receive
Conventional Financing
PRESENTER(S): George Ruther, Director of Community Development
TOWN Of9
April 4, 2017 - Page 48 of 165
TOWN Of UAJL
VAILTOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: 1-70 Underpass Construction Update
PRESENTER(S): Tom Kassmel, Project Engineer and Matt Figgs, CDOT Region 3 Project
Manager
BACKGROUND: The 1-70 Vail Underpass project has recently begun the final phase of
construction. CDOT will provide an update on the project and its progress. The anticipated
completion is fall 2017.
ATTACHMENTS:
Description
Project Information Flier
April 4, 2017 - Page 49 of 165
codot.gov/projects/i7Ovailunderpass
Email: i7Ovailunderpass@cig-pr.com
PHASE 4 1 MID -MARCH - FALL 2017
Major construction and traffic shift on North and South Frontage Roads
WORK HOURS*
• 7 a.m. to 7 p.m. Monday through Saturday.
• Some extended hours may be required pending construction progress.
The traffic detour configuration will remain in place 24/7.
PROJECT SCHEDULE OVERVIEW
PHASE 4 MAP ON OTHER SIDE >
• Mid -March
Crews mobilize on site to begin minor stonework beneath the underpass. Construction flaggers may be used to escort equipment,
requiring minor delays along the frontage roads.
• Monday, April 3
Major work resumes along the North and South Frontage Roads. While the frontage roads will still operate as two-way traffic with a
lane of travel in each direction, minor delays are expected as flaggers will be used to direct site access.
Occasional lane closures are anticipated along eastbound and westbound 1-70 throughout April and May to allow crews to restripe lanes
and move barriers into place.
• Monday, April 24
The one-way detours return to the Frontage Roads. The traffic management strategy and impacts to drivers are no different than what
occurred in 2016. The traffic flow will mirror 1-70 — the North Frontage Road will be westbound only through the project site, while
the South Frontage Road will be eastbound traffic only through the project site. Drivers traveling on the Frontage Roads who reach the
one-way stretch in the wrong direction will have the opportunity to turn around and use 1-70 or the opposite Frontage Road to reach
their destination. See map on other side.
All Frontage Road businesses, properties and residences will remain accessible, but access
points will vary in some instances.
The Town of Vail will suspend the West Vail Green Route, but will double the frequency of
the West Vail Red Route.
• Mid -May
To accommodate increased summer travel, the South Frontage Road Vail Town Center
roundabout will be restriped to allow two lanes of through travel from the south
roundabout, through the north roundabout and onto westbound 1-70.
• Fall 2017 — Project Completion
*Many constructions activities are weather dependent so this schedule is subject to change.
I-70 Vail
Underpass
codot.gov/projects/i7Ovailunderpass
Project Hotline: 970.685.7706
Live Cam: bit.ly/VailCam
TOWN OF VAIL
April 4, 2017 - Page 50 of 165
PHASE 4 1 MID -MARCH - FALL 2017
Major construction and traffic shift on North and South Frontage Roads
The 1-70 Vail Underpass Project is entering
the fourth and final phase of construction.
Remaining activity includes extensive
construction of the underpass roundabouts,
as well as construction beneath the underpass,
including brick pavers, curb, gutters and
lighting elements. In addition, crews will do
final restoration work in 2017.
APRIL 24
TRAFFIC IMPACT
• Frontage Roads
Resuming Monday, April 24, the Frontage Roads will function as one-way traffic only though the project site. The traffic flow will
mirror 1-70 — the North Frontage Road will be westbound only from Lion's Ridge Loop to Timber Ridge, while the South Frontage Road
will be eastbound only from Cascade Resort to Cascade Crossing.
Apart from the project site, the Frontage Roads will operate as normal two-way.
Drivers traveling on the Frontage Roads who reach the one-way stretch in the wrong direction will have the opportunity to turn around
and use 1-70 or the opposite Frontage Road to reach their destination.
• 1-70
Occasional lane closures along 1-70 are expected during April and May. Lane closures will not occur during peak travel times or on weekends.
PEDESTRIAN Ft BICYCLISTS
Pedestrians and bicyclists will not be permitted on the Frontage Road one-way only vehicular detours.
• North Frontage Road — Pedestrians and bicyclists will be directed away from active construction and onto the northern detour route
along the old North Recreation Path.
• South Frontage Road — Pedestrians and bicyclists will be directed onto a detour route along the Gore Valley Trail.
WEST VAIL BUS SERVICE
The Town of Vail will suspend the West Vail Green Route, but will double the frequency of the West Vail Red Route. There will be no
impacts to Bustang or ECO Transit during this phase.
I-70 Vail
Underpass
codot.gov/projects/i7Ovailunderpass
Project Hotline: 970.685.7706
Live Cam: bit.ly/VailCam
ANI"Y,'20q -VIII"' of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Update on Parking and Transportation Task Force recommended summer work
plan
PRESENTER(S): Greg Hall Director of Public Works and Transportation
ACTION REQUESTED OF COUNCIL: Provide direction to the staff on the information
presented as well as provide feedback on the issues regarding any additional information which
would be useful as the Task Force, community and ultimately Town Council will decide on the
whether the Town of Vail implements summer managed parking.
BACKGROUND: The purpose of this item is to: Provide Town Council with an update on the
work to date by the Parking and Transportation Task Force (PATTF); Provide recommendations
for Summer 2017 and planning for Summer 2018; and Request Town Council direction regarding
next steps. The PATTF has convened three meetings in 2017: January 23, February 24 and
March 24. The focus of the Task Force has been an evaluation of summer operations.
STAFF RECOMMENDATION: Staff recommends at a minimum, funding the three alternatives
at the lowest amount projected. This is a total budget adjustment of $206,000.
ATTACHMENTS:
Description
Staff Memo
Parking and Transportation Task Force Meeting Agendas
April 4, 2017 - Page 52 of 165
TOWN OF VAIIL.
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Vail Town Council
Parking and Transportation Task Force
Greg Hall, Director of Public Works and Transportation
April 4, 2017
Update on Parking and Transportation Task Force recommended summer work
plan
PURPOSE
The purpose of this item is to:
• Provide Town Council with an update on the work to date by the Parking and
Transportation Task Force (PATTF)
• Provide recommendations for Summer 2017 and planning for Summer 2018
• Request Town Council direction regarding next steps
II. BACKGROUND
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 Task
Force, the role of the 12 -member group is to provide advisory input and recommendations on
parking, transit and traffic operations. The current focus of the Task Force has been an evaluation
of summer operations. Representatives are as follows:
Representing the retail community - Meg Hanlon and Hugh Paine
Representing the restaurant community - Bill Suarez
Representing the lodging community - Brian Butts
Representing the community -at -large - Kent Johnson, Andrew Lanes and Don Marks
Representing Vail Valley Medical Center - Darryl Flores (Cheryl Cannataro Alt.)
Representing Vail Resorts - Doug Lovell and Jeff Babb
Representing the Vail Town Council - Mayor Dave Chapin and Jen Mason
The Task Force is chaired by Mayor Chapin and supported by various departments and agencies
to assist with technical expertise.
III. CURRENT ACTIONS TO DATE
The PATTF has convened three meetings in 2017: January 23, February 24 and March 24.
(Agendas Attached) The topics discussed included getting up to speed on the town's parking
management policies, goals and objectives and a review of seasonal historical parking data. A
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April 4, 2017 - Page 53 of 165
more in-depth review of summer 2016 was analyzed in which 16 of the 22 South Frontage Road
overflow days were attributed to special events. This was a pattern similar to what occurred in 2015
which experienced 21 total overflow days. In addition, a comparison of the number of construction
workers/displaced parking spaces was also reviewed as compared to historical records. It was
determined that the significant issues with the Lionshead parking structure filling nearly every
weekday during the 2016 summer season would be minimized in 2017 due to completion of
several significant construction projects. In reviewing the projected employee/construction worker
information beginning in spring 2018 and lasting over the next three years, the PATTF
recommends some form of formal parking management be put in place to address this situation.
The PATFF also discussed alternative locations for parking both winter and summer. A list of
potential new sites and some previous existing sites was generated to be further explored as
potential parking opportunities. In addition, the Task Force acknowledged a desire to balance
increased operating costs with revenue enhancements to pay for additional service. In looking
long-term, Task Force members also suggested the importance of generating funds to address
future parking capital needs.
The final meeting focused on discussing potential summer parking management objectives and
logistics. This included targeting both weekday and weekend parking periods as both have distinct
challenges. The period of Memorial Day through September was discussed as a potential period
for parking management. The importance of alternative modes, such as enhanced transit service
was identified as paramount to the success of any program. In addition, identification of alternative
parking sites for employees was thought to be critical to a future program's success. The Task
Force completed its initial assignment by formulating a recommended work plan for 2017 in
anticipation of a comprehensive operational plan for the summer of 2018.
IV. RECOMMENDED ACTIONS MOVING FORWARD
Summer 2017 objectives and recommendations
• Require construction projects to have an employee transportation and parking plan
• Market test concepts
o Intercept surveys
o 2015 Vail Community Employee Survey database
o Internet follow up surveys
• Collect data on length of stays
o Ticket usage during some portions or all of the summer
• Develop budgets for parking operations/bus service for 2018
• Work with ECO Transit to support increased service in 2018 through county budget process
• Develop a marketing and messaging plan around the following to reach 15 day overflow
goal
o Biking
o Walking
o Don't rent a car
o Environmental effects of driving
o Healthy lifestyles
o Reduce congestion
o Promote transit use
o Ridesharing (Uber, Lyft)
o Carpooling
o Employee van pools
o Special event marketing and messaging for attendees
o Special event employee/volunteers use alternative parking sites, modes
• Inventory and add bike racks, bike corrals for special events
2
April 4, 2017 - Page 54 of 165
• Adding additional summer transit service
• Long-term storage of cars
• Inventory/summer usage of private lots
Additional steps recommended prior to implementation of summer parking program in 2018
Meet in fall 2017 to develop a recommended plan based on additional research conducted during
the summer.
Town Staff meet with all interested parties to understand and discuss the issues:
• Vail Economic Advisory Council
• Vail Chamber and Business Association
• Vail Restaurant Association
• Vail Local Marking District Advisory Board
• Commission on Special Events
• Event Producers
• Ford Park Users Group
• Vail Resorts
• Vail Valley Medical Center
• Lodging Community
• Vail Homeowners Association
• Rotary Club
• Public meetings
IV. RECOMMENDED ACTIONS COSTS AND BUDGET IMPLICATIONS
The Vail Parking and Transportation Task Force recommends the town gather and analyze data to
make informed decisions about any future managed parking program. To that end, there are two
scenarios in which additional parking data are needed: 1) use of parking tickets to understand the
parking duration of our users; 2) survey guests regarding the market and how their behavior would
be altered regarding various parking pricing scenarios.
Parking duration data collection would include, at a minimum, collecting tickets for a 4 -week period.
This data is collected through the use of tickets to gain access and to leave the structure. There
would be no cost to the user but a ticket would be dispensed on entry and required for exiting. The
cost per week would include tickets and staffing the exit locations to assist guests on exiting as
well as publicizing the message. This would include labor at $2,900/week, tickets $1,000/ week
and public messaging of $4,000 for the first 4 weeks and $500 for each additional week for
messaging.
Parking Duration Data Collection: 18 -week summer - $81,200
The advantage of the total period would be the town would have data for the entire summer
season and any variations from the various time periods would be known. The messaging would
be consistent for the entire season. It would be easier to staff for the entire season.
Parking Duration Data Collection: 4 -week period - $19,600
The advantage of this scenario is reduced cost. The disadvantage would be the challenge in
selecting which weeks to test. It would be recommended to test a week in each month and then
project the data based on actual usage for each month. This scenario presents a greater
communications challenge due to the inconsistent timing of the test periods. Staffing would also be
a challenge for each week. Another alternative would be to sample a 4 -week simultaneous period
for the same cost. The disadvantage would be the variation of uses by time of the year. We know
July is our busiest time and if parking recommendations are based on only data from July we may
not be able to predict usage in other months as accurately as might be needed.
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Guest/User Surveys - $35,000
It is recommended that at a minimum we survey 3,000 users or about 2% of the nearly 600,000
transactions during this time period. In addition, we would reach out to local employees similar to
the employee portion of the 2016 citizen survey using the Internet survey method. Survey budget is
$35,000. The survey would help determine optimum pricing scenarios.
Enhanced Summer Transit Service Pilot Program - $151,000 - $235,000
The Task Force discussed implementing enhanced summer service this year. The East Vail route
currently has 1 -hour service levels. The Golf Course and Sandstone routes have 2 -hour service.
The lack of more frequent service levels have been identified in past citizen surveys as well as
community picnics every year. Task Force members suggest this enhancement be used as a first
step to promote getting people out of their cars and onto the buses as an alternative. Enhanced
transit service would reduce vehicle trips and be more in line with the town's environmental
commitment. The desire to provide better service to the East Vail trail areas from hour service to 30
minutes would also help reduce trailhead parking capacity issues. Enhanced summer transit
service would also be an added guest amenity for outlying lodging properties in East Vail,
Sandstone and the Golf Course areas. Finally, the town would have the data of increased transit
service with ridership numbers to compliment the summer parking 2017 data in hand allowing for
more informed decision-making for summer 2018.
The cost of the transit service enhancement pilot program is: labor - $5,500/week and bus
operating costs - $2,900/week. The town could run the service during the 18 weeks from Memorial
Day to the end of September for $151,200 or for the full 28 weeks to the beginning of ski season
for $235,200.
Sustaining the additional cost of the summer transit service pilot program beyond 2017 will be
reviewed in the context of the 2018 budget discussions.
VI. ACTION REQUESTED
Provide direction to the staff on the information presented as well as provide feedback on the
issues regarding any additional information which would be useful as the Task Force, community
and ultimately Town Council will decide on the whether the Town of Vail implements summer
managed parking.
VII. STAFF RECOMMENDATION
Staff recommends at a minimum, funding the three alternatives at the lowest amount projected.
This is a total budget adjustment of $206,000.
VII. ATTACHMENTS
a) January 23, 2017 Parking and Transportation Task Force Meeting Agenda
b) February 24, 2017 Parking and Transportation Task Force Meeting Agenda
c) March 24, 2017 Parking and Transportation Task Force Meeting Agenda
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VAIL PARKING AND TRANSPORTATION TASK FORCE
MEETING AGENDA
Vail Town Council Chambers
75 S. Frontage Road W.
Vail, CO. 81657
10:00 A.M., January 23, 2017
1. Call to Order
1.1 Welcome
1.2 Introductions
2. Presentations/Discussion
2.1 Meeting Format
2.2 Role of the Parking Task Force
2.3 Town Council Parking Policies, Goals and Objectives
2.4 Review of Historical Parking Statistics
2.5 Review Last Winter and Summer Usage
2.6 Review Season to Date
3. Citizen Participation
4. Information Update
4.1 Next Meeting Date
5. Adjournment
5.1 Adjournment at 12:00 P.M.
April 4, 2017 - Page 57 of 165
VAIL TOWN PARKING AND TASK FORCE MEETING
Parking and Task Force Agenda
Town Council Chambers
10:00 AM, February 24, 2017
TOWN OF VAIL j
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 will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Call to Order
1.1. Call to Order by the Mayor 5 min.
2. Introductions
2.1. Introductions
3. Meeting Format
3.1. Meeting Format No Need to Record
4. Presentations l Discussion
4.1. Overview of Summer Data
Presenter(s): Greg Hall, Director of Public Works
4.2. Summer 2017 and 2018 Projections
Presenter(s): Greg Hall, Director of Public Works
4.3. Summer Parking Program Discussion
• Goal 15 days Overflow
• Do Winter Policies apply to Summer
• Is the market different (no skiers)
• What transportation behaviors should be encouraged/discouraged
• Local Resident program
• Adaptable/Flexible
• Does it require a different approach
• What opportunities east
Presenter(s): Parking Task Force
15 min.
10 min.
45 min.
February 24. 2017 - Page 1 of 1
April 4, 2017 - Page 58 of 165
4.4. Summer 2016 Objectives
• Market test program/ideas
• Collect additional detailed parking data such as: on length of stays
• Develop budgets for parking operations/bus service
• Work vrith ECO on support through county budget process
• Community discussions/input
• Market program before implementation 2018
Presenter(s): Greg Hall, Director of Public Works
15 min.
4.5. Other Issues 15 min.
Presenter(s): Parking Task Force
5. Public Comment
5.1. Public Comment 5 min.
6. Next Meeting Dates
6.1. Next Meeting Dates:
• March 10 or March 13
• March 24 or March 27
• April 7 - Town Council Report out
Presenter(s): Dave Chapin, Mayor
7. Adjournment
7.1. Adjournment 12:00 p.m.
5 min.
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, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
48 hour notification dial 711.
February 24, 2017 - Page 2 of 1
April 4, 2017 - Page 59 of 165
VAIL TOWN PARKING AND TASK FORCE MEETING
Parking and Task Force Agenda
Town Council Chambers
1:00 PM, March 24, 2017
TOWN OHO
1. Call to Order
1.1. CaII to Order
Presenter(s): Dave Chapin, Mayor
2. Presentations 1 Discussion
2.1. Summary Points of Last Meeting Discussion 10 min.
Presenter(s): Dave Chapin, Mayor
2.2. Summer 2018 Operations Discussions
• Types of Revenue Collection methods and pros/cons
• Issues of Summer vs. Winter
• Parking Space Inventory
• Lack of alternative parking spaces (Winter Parking Map)
• What is the targeted calendar period?
• What days and times should be targeted as wet! as the user?
• Ford Park Management (Current Managed Parking Days)
• How does Vail compare to others regarding parking rates (Handout)
• Transit Service Discussion
• Overview of Cost of operation data
• Rate Structures vs Revenue Projections
Presenter(s): Greg HaIV Parking and Transportation Task Force (PATTF)
90 min.
2.3. Summer 2016 Objectives Discussion 30 min.
Presenter(s): Greg HaIV Parking and Transportation Task Force (PATTF)
2.4. Next Steps for Summer Parking Program Before Implementation 2018 30 min.
Presenter(s): Greg Hall/ Parking and Transportation Task Force (PATTF)
3. Information Update
3.1. Town Council April 4, 2017 Report Out 5 min.
4. Public Comment
4.1. Public Comment
5. Adjournment
5.1. Adjournment 4:00 p.m.
April 4, 2017 - Page 60 of 165
6. A more detailed working agenda will be distributed at the meeting to guide
the Parking and Transportation Task Force discussion.
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
48 hour notification dial 7I1.
April 4, 2017 - Page 61 of 165
Working Agenda
Parking and Transportation Task Force
March 24, 2017
1:00 PM — 4:00 PM
Vail Town Council Chambers
Call to Order Mayor Dave Chapin
Summary of last meeting discussion (Handout)
Summer 2018 Operations Discussions Greg Hall
Types of Revenue Collection methods and pros/cons
• Pay on Entry
• Pay on Exit
Issues of Summer vs. Winter Greg Hall
Parking Space Inventory
Lack of alternative parking spaces (Winter Parking Map)
• Parks
• Trailheads
• Golf Course/Donovan
• Schools short time frame and RSES Construction
What is the targeted calendar period?
o End of Ski Season to Beginning of ski season (30 weeks)
o May 1 to Beginning of Ski Season (28 weeks)
o Memorial Day to Beginning of Ski Season (25 weeks)
o Memorial Day to End of September (18 weeks)
o Memorial Day to Labor Day(14 weeks)
o Something Else
What days and times should be targeted as well as the user?
• Daytime M -F
o Employees
o Construction Workers
• Evenings M -F
o Local event attendees/employees/volunteers
o Hotel Guests
o Long term stored cars
• Weekends and Special Event Days and Evening Performances
• Employees
• Local event attendees/employees/volunteers
April 4, 2017 - Page 62 of 165
• Hotel Guests
• Long term stored cars
• Front Range Day Trippers
Ford Park Management (Current Managed Parking Days)
Pay on Entry
No free time
May need to be managed both ways similar to many urban areas
How does Vail compare to others regarding parking rates (Handout)
Transit Service Discussion
• Desired Service
Overview of Cost of operation data
• Parking Operations Cost
• Cost of Transit Service
Rate Structures vs Revenue Projections
Summer 2016 objectives discussion Parking Task Force
• Require Construction Projects to have a project transportation and parking
plan
• Market test concepts
o Intercept Surveys,
o 2015 Vail Community Employee Survey data base
o Internet follow up surveys
• Collect data on length of stays
o Ticket usage during some portions of the summer
• Develop budgets for Parking operations/Bus Service for 2018
• Work with Eco to support through county budget process for increased
service in 2018
• Develop a Marketing and Messaging plan around the following to reach 15
day goal
o Biking
o Walking
o Don't rent a car
o Environmental effects of driving
o Healthy Lifestyles
o Reduce congestion
o Promote transit use
o Ridesharing (Uber, Lyft)
o Carpooling
o Employee Van pools
o Special Event Marketing and Messaging for Attendees
April 4, 2017 - Page 63 of 165
o Special Event Employee/volunteers use alternative parking sites,
modes
o Other
• Inventory and add Bike racks, bike corrals for special events
• Review adding additional transit service
• Long term storage of cars
• Inventory/summer Usage of private lots
• Other
Next Steps for summer parking program before implementation 2018
Meet in fall to develop a recommended plan based on additional research
conducted during the summer
Town Staff meet with all interested parties to understand the discuss the issues
• Vail Economic Advisory Council
• Vail Chamber and Business Association
• Vail Restaurant Association
• Vail Local Marking Advisory Board
• Commission on Special Events
• Event Producers
• Ford Park Users Group
• Vail Resorts
• Vail Chamber and the Lodging Community
• Public meetings
• Others
Public Comment Mayor Dave Chapin
Information Update
• Town Council April 4 report out Mayor Dave Chapin
Adjournment Mayor Dave Chapin
April 4, 2017 - Page 64 of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix Vail
Development Agreement Between the Town of Vail and Triumph West, LLC; and Setting Forth
Details in Regard Thereto
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Resolution No. 10, Series of 2017.
BACKGROUND: The Chamonix Vail Development Agreement is needed to facilitate the
development of Chamonix Vail. The Development Agreement outlines the general terms of the
development and the obligations of the Town and the Developer, among other important
expectations and considerations. The term of the Agreement shall be from its Effective Date until
January 1, 2019. The general terms and obligations of the Agreement are outlined in the staff
memorandum, dated April 4, 2017.
STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council approves
Resolution No. 10, Series of 2017, as presented.
ATTACHMENTS:
Description
Staff Memorandum
Resolution No. 10, Series of 2017
Devleopment Agreement
April 4, 2017 - Page 65 of 165
TOWN OF VAIN
Memorandum
To: Vail Town Council
From: George Ruther, Director of Community Development
Date: April 4, 2017
Subject: Chamonix Vail — Resolution No. 10, Series of 2017, Final Development
Agreement Approval
Purpose of this Memorandum
The purpose of this memorandum is to present Resolution No. 10, Series of 2017, a resolution
approving the Chamonix Vail Development Agreement between the Town of Vail and Triumph
Development West, LLC; and setting forth details in regard thereto. If approved, the
development of Chamonix Vail, Vail's newest neighborhood for families in West Vail, will begin
on April 5th. A copy of the Development Agreement is attached to the Resolution for reference.
II. Terms of the Development Agreement
The Chamonix Vail Development Agreement is needed to facilitate the development of
Chamonix Vail. The Development Agreement outlines the general terms of the development
and the obligations of the Town and the Developer, among other important expectations and
considerations. The term of the Agreement shall be from its Effective Date until January 1,
2019. The general terms and obligations of the Agreement include:
• A total contract price of $17,728,000.
• Obligations of the Developer to:
o deliver to the Town a total of 32 townhome style units consistent with the set of
plans and specifications approved by the Town of Vail.
o deliver the homes in accordance with the schedule outlined in the Agreement.
(December 2017 — March 2018)
o cause the General Contractor to provide a payment and performance bond to
secure the construction of the development.
o operate within an open -book environment and provide evidence of all costs,
expenses and mark-ups related to the Development.
o pay the Town liquidated damages for failure to deliver the new homes within the
schedule outlined.
o transfer a two year warranty for all public improvements and an assignable, one
year warranty for the private improvements.
o procure and maintain a policy of insurance for commercial general liability and
builder's risk.
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April 4, 2017 - Page 66 of 165
• An obligation of the Town to:
o pay the Developer on a monthly basis for work completed.
o accept the new homes from the Developer upon demonstrated completion
consistent with the approved plans and specifications.
• Provisions for a Force Majeure event.
• Upon the Effective Date of the Development Agreement, the Development Agreement
shall supercede and replace the current Pre -development Agreement.
• Allowances for Soil Conditions ($36K), Modular Staging ($40K) and Excel Energy Utility
installation ($165K).
• Provisions for a 5% - 15% monthly retainage.
III. Staff Recommendation
The Development Team is prepared to move forward with the construction of the Chamonix Vail
development. At this time, the Town staff is seeking approval from the Vail Town Council of
Resolution No. 10, Series of 2017. The Town staff recommends the Vail Town Council
approves Resolution No. 10, Series of 2017, as presented.
2
April 4, 2017 - Page 67 of 165
RESOLUTION NO. 10
Series of 2017
A RESOLUTION APPROVING THE CHAMONIX VAIL DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH WEST, LLC;
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and
State of Colorado is a home rule municipal corporation duly organized and
existing under the laws of the State of Colorado and the Town Charter (the
"Charter");
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified;
WHEREAS, the Town wishes to redevelop property located at 2310
Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing No.
1 (the "Property") for deed restricted housing;
WHEREAS, Triumph Development West LLC (the "Developer") is willing
to manage the redevelopment of the Property and ensure the successful
completion of 32 townhomes style units; and
WHEREAS, the parties wish to enter into the Development Agreement
(the "Agreement") outlining each parties' responsibilities.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes
the Town Manager to enter into the Agreement with the Developer, in
substantially the same form as attached hereto as Exhibit A and in a form
approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 4t" day of April, 2017.
Dave Chapin,
Town Mayor
Resolution No. 10, Series 2017
April 4, 2017 - Page 68 of 165
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 10, Series 2017
April 4, 2017 - Page 69 of 165
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this day of
, 2017 (the "Effective Date"), by and between the Town of Vail,
Colorado, a Colorado home rule municipality with an address of 75 South Frontage
Road, Vail, Colorado 81657 (the "Town"), and Triumph Development West, LLC, a
Delaware limited liability company with an address of 12 Vail Road, Suite 700, Vail,
Colorado 81657 ("Developer") (each individually a "Party" and collectively the "Parties").
WHEREAS, the Town is the owner of certain real property more particularly
described as 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das
Schone Filing 1 (the "Property");
WHEREAS, the Town wishes to redevelop the Property for deed -restricted
employee housing (the "Development");
WHEREAS, Developer is willing to manage the development of the Property for
deed -restricted employee housing;
WHEREAS, the Parties entered into a Pre -Development Agreement on January
1, 2017 (the "Pre -Development Agreement"); and
WHEREAS, the Parties wish to elaborate on the terms of the Development
process and parameters of the Development.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. General Terms of Development.
a. Design and Layout. The Development will consist of 32 townhome-style
residential dwelling units (each a "Unit") and associated landscaping, lighting, driveway,
parking and walkway improvements. The design and layout of the Development were
approved by the Vail Town Council on December 20, 2017 and approved by the Town
of Vail Design Review Board on February 15, 2017 in Application # DRB16-0508.
b. Plans. The current construction plans for the Improvements (hereinafter
defined) are attached hereto as Exhibit A, and incorporated herein, which plans include
certain clarifications, allowances and exceptions as described on Exhibit A (collectively,
the "Plans"). Developer is authorized to submit the Plans to the Town for a building
permit.
c. Contract Price. For completion of the Development in accordance with the
Plans and this Agreement, the Town shall pay Developer $17,728,000 (the "Contract
Price"), which includes $454,333 already invoiced and paid by the Town under the Pre -
Development Agreement. The Contract Price is based on the budget set forth in
Exhibit B, attached hereto and incorporated herein by this reference. The Contract
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Price includes all costs of the Development and any development fee and administrative
fees charged by Developer. Payments toward the Contract Price shall be made in
accordance with Section 5 hereof. Developer shall be solely responsible for any costs
of the Development exceeding the Contract Price.
d. Schedule. Developer shall manage the schedule of construction of the
Development and shall complete and deliver the Development to the Town in
compliance with the schedule attached hereto as Exhibit C, and incorporated herein by
this reference (the "Schedule").
e. Deed Restriction. Developer acknowledges that the Town will subject the
residential dwelling units on the Property to the deed restriction attached hereto as
Exhibit D and incorporated herein by this reference (the "Deed Restriction") prior to or
upon the conveyance of the units to purchasers, but Developer shall otherwise have no
obligations or duties with respect to such Deed Restriction.
2. Obligations of the Town.
a. Taxes. The Town shall refund 100% of all amounts paid by Developer for
the Town's construction and building materials use tax applicable to the Development,
which refund shall be paid by the Town to Developer within 7 days after Developer's
payment.
b. Right -of -Way and Easements. The Town shall grant, for the benefit of the
Property, easements that are mutually determined to be necessary for the
Development, including without limitation utility, drainage, and access easements. In
addition, the Town shall, as permitted by law, use its best efforts to secure required
rights-of-way and easements to allow Developer to fulfill its obligations under this
Agreement and to proceed with the Development, provided that this Section shall not
impose any fiscal obligation on the Town.
c. Permit Fees. The Town shall pay all permit fees for permits issued by the
Town in connection with the Development.
d. Sale of Units. Developer assisted the Town with initial marketing efforts
for the Development under the Pre -Development Agreement. Those services are now
complete, and the Town shall hereafter be responsible for all matters related to the
marketing for sale, contracting for sale, and all other matters related to the sale of the
Units and all costs related thereto. The Town will use its best efforts to ensure that
buyers do not interfere with construction of the Development.
e. Legal Documentation. Other than construction contracts, design
contracts, and 3rd party development consultants' contracts, the Town shall prepare,
sign and record, as appropriate, any and all legal documentation related to the
Development, including purchase and sale agreements and common interest
community documents. Developer shall have no right or responsibility with regard to
such documentation. Notwithstanding the foregoing, Town acknowledges that
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Developer has reviewed and is relying on the terms of Sections 1.18, 1.31, 1.37, 3.14,
3.15, 9.1.3, 9.5, 14.14, 14.15, and 14.20, and all of Article 13, of the Declaration of
Covenants, Conditions and Restrictions of Chamonix Vail Community and the Town
agrees not to revise any provision of those sections without Developer's prior written
approval.
3. Obligations of Developer. Developer covenants and agrees as follows:
a. Plans, Permits and Subdivision. Developer shall prepare all applications,
design drawings and plans for the Development, and shall be responsible for obtaining
all required permits for the Development. At appropriate times during the course of
completing the Development, Developer will manage the process to allow the Town to
subdivide the Property.
b. Construction Costs. Developer shall be responsible for managing the
payment of amounts owed to any person or entity working on the Development.
c. General Contractor. The Town acknowledges that Developer has
selected RA Nelson LLC as the general contractor for the Development. Developer
shall have the authority to select a replacement general contractor, if necessary, at
Developer's discretion.
d. Administration. Developer shall provide construction administration
services throughout construction of the Development.
e. Applicable Law. Developer shall comply with all applicable law, including
without limitation all current and future federal, state and local statutes, regulations,
ordinances and rules relating to: the emission, discharge, release or threatened release
of a Hazardous Material into the air, surface water, groundwater or land; the
manufacturing, processing, use, generation, treatment, storage, disposal,
transportation, handling, removal, remediation or investigation of a Hazardous Material;
and the protection of human health, safety or the indoor or outdoor environmental,
including (without limitation) the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act,
15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air
Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all
applicable Colorado environmental laws; and all other federal, state or local laws and
regulations relating to, or imposing liability or standards of conduct concerning any
hazardous, toxic or dangerous waste, substance or material, now or at any time
hereafter in effect.
f. Books and Records. Developer shall maintain all books and records
related to the Development for public inspection. Upon request by the Town, Developer
shall provide evidence of all costs, expenses and mark-ups related to the Development.
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g. Keep Jobs in Colorado Act. Pursuant to the Keep Jobs in Colorado Act,
C.R.S. § 8-17-101, et seq. (the "Act"), and the rules adopted by the Division of Labor of
the Colorado Department of Labor and Employment implementing the Act (the "Rules"),
Developer shall ensure that the general contractor for the Development employs
Colorado labor to perform at least 80% of the work under this Contract and shall obtain
and maintain the records required by the Act and the Rules. For purposes of this
Section, "Colorado labor" means a person who is a resident of the state of Colorado at
the time of this Contract, without discrimination as to race, color, creed, sex, sexual
orientation, marital status, national origin, ancestry, age, or religion except when sex or
age is a bona fide qualification. A resident of the state of Colorado is a person with a
valid Colorado driver's license, a valid Colorado state -issued photo identification, or
documentation that he or she has resided in Colorado for the last 30 days. Developer
represents that it is familiar with the requirements of the Act and the Rules and will
ensure that the general contractor fully complies with the same.
h. Authority. Developer shall have no right, authority or power to bind the
Town or any interest of the Town in the Property for any claim for labor or for material or
for any other charge or expense incurred in delivering the Development or performing
any alteration, renovation, repair, refurbishment or other work, nor to render the Town's
interest in the Property liable for any lien or right of lien for any labor, materials or other
charge or expense.
4. Improvements.
a. Private Improvements. Developer shall cause the Units to be constructed,
together with associated landscaping, lighting, road and sidewalk improvements as set
forth in the Plans and pursuant to this Agreement (the "Private Improvements"). The
Private Improvements are all improvements shown in the Plans except for the Public
Improvements.
b. Public Improvements. Developer shall cause to be constructed all
required public improvements associated with the Development and approved by the
Town (the "Public Improvements"). The complete list of Public Improvements is set
forth in Exhibit E, attached hereto and incorporated herein by this reference. The
following shall apply to construction of the Public Improvements:
The Town may make reasonable engineering observations. Observation,
acquiescence in or approval by any engineering inspector of the construction of
physical facilities at any particular time shall not constitute the approval by the
Town of any portion of such Improvements.
ii. Developer shall provide all necessary engineering designs, surveys, field
surveys and incidental services related to the construction of the Public
Improvements, including reproducible "as -built" drawings certified accurate by a
professional engineer registered in the State of Colorado.
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Developer shall be fully responsible for the prompt repair of any property
which may be damaged during construction of the Public Improvements, whether
such property is public or private. To the extent any construction traffic damages
any Town streets, Developer shall be responsible for repair of such damage or
the reconstruction of such streets, as the Town determines appropriate.
iv. Developer shall not be considered the agent of the Town in the
construction, erection or operation of any Public Improvements.
v. Developer warrants and guarantees that, for two years from the date of
substantial completion, each Public Improvement: is not defective; will not fail;
has been constructed and installed in a workmanlike manner suitable for its
intended uses; has been constructed in compliance with applicable federal, state,
municipal, and special district statutes, ordinances, regulations, rules and codes;
and complies with all applicable land use approvals.
vi. Upon the expiration of the warranty period, and provided any breaches of
warranty have been cured, the Town shall issue written Final Acceptance for the
Public Improvement and, thereafter, the Town will accept and maintain such
Public Improvements. Upon Developer's request, the Town shall confirm in
writing the acceptance of such Public Improvements.
c. Bonds. To secure the construction of the Private Improvements and the
Public Improvements (collectively the "Improvements"), Developer shall cause the
general contractor to furnish the Town, within 10 days after the Effective Date, a
payment and performance bond in which the Town is designated as beneficiary for the
Development (the "Bond") in the form attached hereto as Exhibit F.
d. Delivery and Acceptance. Upon completion of any Improvements,
Developer shall submit to the Town written notice of completion. Within 14 days after
the notice, the Town shall either: issue written notice to Developer of completion and
acceptance of the Improvements; or issue written notice to Developer that the Town
does not accept all or any portion of the Improvements, accompanied by a detailed
description of the issues that must be remedied for the Town to accept the
Improvements. The Town's failure to issue either notice shall be deemed the Town's
acceptance of the Improvements. Upon completion of any remedial work, Developer
will again give notice and the procedures described in this Section will be repeated with
respect to such items. Acceptance of Improvements is the binding acknowledgement of
the Town that the improvements accepted are complete and Developer has satisfied its
obligations under this Agreement with respect to the construction of same, subject only
to the warranty provisions of this Agreement.
e. Warranties.
Developer warrants and guarantees that, for two years from the date of
acceptance, each Public Improvement: is not defective; will not fail; has been
constructed and installed in a workmanlike manner suitable for its intended uses;
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has been constructed in compliance with applicable federal, state, municipal, and
special district statutes, ordinances, regulations, rules and codes; and complies
with all applicable land use approvals.
ii. For the Private Improvements, Developer shall cause the general
contractor to provide a standard builder's one-year warranty directly to the Town,
or Developer will assign its rights in the warranty to the Town. Developer shall
manage any work performed by the general contractor or any subcontractor
under the warranty during the one-year warranty period.
5. Compensation.
a. Monthly Invoices. Developer shall compile and submit to the Town, on a
monthly basis on or before the 10t11 day of each month, a payment request form
substantially in the form attached hereto as Exhibit G, attached hereto and
incorporated herein by this reference (each a "Monthly Invoice"). As noted in Exhibit G,
the Monthly Invoice shall be sufficiently detailed to allow the Town to determine whether
the Development is within the budget.
b. Payment. If the Town has no objection to the Monthly Invoice, the Town
shall pay Developer the full amount of the Monthly Invoice on or before the 20th day of
the month, or on or before the 10th day after Developer submits the Monthly Invoice,
whichever is later. If the Town objects to the Monthly Invoice, the Town shall, on or
before the 20th day of the month, or on or before the 10th day after Developer submits
the Monthly Invoice, whichever is later, provide a detailed description of the objections.
Thereafter, the Town and Developer shall work cooperatively to resolve the payment
discrepancy, and the Town shall make payment within 5 days after all objections are
resolved. If Developer and the Town cannot resolve the payment discrepancy,
Developer may attempt to recover payment from the Town in accordance with Section
12.
6. Term. This Agreement shall commence on the Effective Date, and shall
terminate 45 days after the acceptance of all Improvements by the Town, but in no case
later than January 1, 2019. The warranty, performance guarantee, insurance and
indemnification provisions of this Agreement shall survive its termination.
7. Professional Responsibility. Developer hereby warrants that it is qualified to
assume the responsibilities and render the services described herein and has all
requisite corporate authority and professional licenses in good standing, required by
law. The work performed by Developer shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other
practicing professional firms in the same or similar type of work in the applicable
community. The work and services to be performed by Developer hereunder shall be
done in compliance with applicable laws, ordinances, rules and regulations. The Town's
review, approval or acceptance of, or payment for any services shall not be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising
out of the performance of this Agreement.
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8. Ownership. Any materials, items, and work specified in this Agreement, and any
and all related documentation and materials provided or developed by Developer or its
consultants shall be exclusively owned by the Town. Developer expressly
acknowledges and agrees that all work performed under the Scope of Services
constitutes a "work made for hire." To the extent, if at all, that it does not constitute a
"work made for hire," Developer hereby transfers, sells, and assigns to the Town all of
its right, title, and interest in such work. The Town may, with respect to all or any
portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch,
modify, adapt, translate, or change such work without providing notice to or receiving
consent from Developer.
9. Insurance.
a. Policies. Developer agrees to procure and maintain, at its own cost
(included in the Contract Price), a policy or policies of insurance as described on
Exhibit H, attached hereto and incorporated herein by this reference, including
commercial general liability insurance as an Owner Controlled Insurance Policy (the
"OCIP"), fire and extended coverage insurance, which during construction shall be
carried in Builder's Risk form, and pollution insurance.
b. Standards. Such insurance shall be in addition to any other insurance
requirements imposed by law. The coverages afforded under the policies shall not be
canceled, terminated or materially changed without at least 30 days prior written notice
to the Town. In the case of any claims -made policy, the necessary retroactive dates
and extended reporting periods shall be procured to maintain such continuous
coverage. Any insurance carried by the Town, its officers, its employees, or its
contractors shall be excess and not contributory insurance to that provided by
Developer. Developer shall be solely responsible for any deductible losses under any
policy.
c. Certificates. Developer shall provide to the Town certificates of insurance
as evidence that the required policies are in full force and effect. The certificates shall
identify this Agreement.
10. Indemnification. Developer agrees to indemnify and hold harmless the Town and
its officers, insurers, volunteers, representative, agents, employees, heirs and assigns
from and against all claims, liability, damages, losses, expenses and demands, including
attorney fees, on account of injury, loss, or damage, including without limitation claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any
manner connected with this Agreement if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, or
other fault of Developer, any subcontractor of Developer, or any officer, employee,
representative, or agent of Developer, or which arise out of a worker's compensation
claim of any employee of Developer or of any employee of any subcontractor of
Developer. Developer's liability under this Section shall be to the fullest extent of, but
shall not exceed, that amount represented by the degree or percentage of negligence or
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fault attributable to Developer, any subcontractor of Developer, or any officer, employee,
representative, or agent of Developer or of any subcontractor of Developer.
11. Developer Default and Remedies.
a. Default. Each of the following is a Developer default of this Agreement:
If Developer fails to perform any of its obligations under this Agreement
and fails to remedy the same within 30 days after Developer is given a written
notice specifying the same; provided that, if the nature of the violation is such
that it cannot reasonably be remedied within 30 days, and Developer provides
evidence to the Town that the violation cannot reasonably be remedied within 30
days, then the violation shall be remedied as soon as reasonably practicable, but
in any case, within 90 days of the original notice of violation.
ii. If an involuntary petition is filed against Developer under a bankruptcy or
insolvency law or under the reorganization provisions of any law, or when a
receiver of Developer, or of all or substantially all of the property of Developer, is
appointed without acquiescence, and such petition or appointment is not
discharged or stayed within 90 days after the happening of such event.
If Developer makes an assignment of its property for the benefit of
creditors or files a voluntary petition under a bankruptcy or insolvency law, or
seeks relief under any other law for the benefit of debtors.
b. Remedies. If a Developer default occurs, the Town may, in its sole
discretion and without waiving any other rights under this Agreement or available to the
Town, cause construction of all or part of the Improvements to be completed and
recover appropriate damages from Developer. If the Town proceeds to complete the
Improvements, Developer shall, at the request of the Party completing the
Improvements, promptly deliver a copy of all of Developer's plans and specifications
related to the Improvements. In addition to the specific remedies set forth herein, the
Town shall have all other remedies available at law or equity, and the exercise of one
remedy shall not preclude the exercise of any other remedy.
c. Liquidated Damages. Because time is of the essence and delayed
performance constitutes a compensable inconvenience to the Town and its residents, if
Developer fails to deliver any Unit the Development in accordance with the schedule set
forth in Exhibit C, the liquidated damages established in this Section shall be enforced.
Such damages are not a penalty. For each day of delay beyond the deadline set forth
in Exhibit C that any Unit is not delivered, Developer shall be assessed the amount of
$200 per day, for the first 21 days, for each Unit that is not delivered, and $500 per day
thereafter for each Unit that is not delivered. Allowing Developer and Contractor to
continue and complete the Development or any Units after the deadlines set forth in
Exhibit C shall not operate as a waiver on the part of the Town of any of its rights under
this Agreement. The liquidated damages provided in this Section shall be the Town's
sole and exclusive remedy for damages arising out of Developer's delay in delivering
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any Unit per the Schedule. The liquidated damages provided hereunder shall not limit
Owner's right to pursue other remedies against Developer, at law or in equity, arising
out of Developer's failures other than delay. Liquidated damages may be deducted
from any payment due to Developer. If the liquidated damages exceed the amount
owed to Developer, Developer shall reimburse the Town within 30 days of notice
thereof.
12. Town Default and Remedies.
a. Default. Each of the following is a Town default of this Agreement:
If the Town fails perform any of its obligations under this Agreement other
than its obligation to pay the expenses and fees of the Development and fails to
remedy the same within 30 days after the Town is given a written notice
specifying the same; provided that, if the nature of the violation is such that it
cannot reasonably be remedied within 30 days, and the Town provides evidence
to Developer that the violation cannot reasonably be remedied within 30 days,
then the violation shall be remedied as soon as reasonably practicable, but in
any case, within 90 days of the original notice of violation.
ii. If the Town fails to pay any amount owed to Developer under this
Agreement within 7 days after the date such payment is due.
b. Remedies. If a Town default occurs, Developer shall have all remedies
available at law or equity, and the exercise of one remedy shall not preclude the
exercise of any other remedy, provided that Developer shall not have the remedy of
specific performance against the Town. Without limiting the generality of the foregoing,
in the event a Town default occurs, Developer may terminate this Agreement upon
notice given to the Town, without waiving any of its rights or remedies hereunder.
13. Force Majeure. No Party shall be in breach of this Agreement if such Party's
failure to perform any of the duties under this Agreement is due to Force Majeure, which
shall be defined as the inability to undertake or perform any of the duties under this
Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war,
labor disputes or the authority and orders of government.
14. Miscellaneous.
a. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
b. Integration. This Agreement and any attached exhibits constitute the
entire agreement between Developer and the Town, superseding all prior oral or written
communications.
c. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, successors and assigns.
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d. Severability. If any provision of this Agreement is determined to be void
by a court of competent jurisdiction, such determination shall not affect any other
provision hereof, and all of the other provisions shall remain in full force and effect.
e. Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Colorado, and any legal action concerning the provisions hereof
shall be brought in Eagle County, Colorado.
f. Assignment. There shall be no transfer or assignment of any of the rights
or obligations of Developer under this Agreement without the prior written approval of
the Town.
g. Third Parties. There are no intended third -party beneficiaries to this
Agreement.
h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town under this Agreement are specifically
contingent upon annual appropriation of funds sufficient to perform such obligations.
This Agreement shall never constitute a debt or obligation of the Town within any
statutory or constitutional provision.
No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
j. Independent Contractor. Developer is an independent contractor.
Notwithstanding any other provision of this Agreement, all personnel assigned by
Developer to perform work under the terms of this Agreement shall be, and remain at all
times, employees or agents of Developer for all purposes. Developer shall make no
representation that it is a Town employee for any purposes.
k. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre -paid, first class United States
Mail to the Party at the address set forth on the first page of this Agreement.
Recording. This Agreement shall be recorded with the Eagle County
Clerk and Recorder. The benefits and obligations of the Parties under this Agreement
shall run with the land, and shall be binding on, and enforceable by, any subsequent
holder of an interest in the Improvements or in the Property.
m. Pre -Development Agreement. As of the Effective Date, this Agreement
shall supersede and replace the Pre -Development Agreement.
Date.
WHEREFORE, the Parties have executed this Agreement as of the Effective
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TOWN OF VAIL, COLORADO
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ATTEST:
Patty McKenny, Town Clerk
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Stan Zemler, Town Manager
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TRIUMPH DEVELOPMENT WEST,
LLC
STATE OF COLORADO
) ss.
COUNTY OF
The foregoing instrument was subscribed, sworn to, and acknowledged before
me this day of , 2017, by
as the of Triumph Development West, LLC.
My commission expires:
(S E A L)
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Notary Public
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Chamonix Vail Development Agreement
Exhibit B - Development Budget
Development Budget
General Contractor Hard Cost
3.28.2017
DRAFT
Contract Predevelopment Balance
Total Invoices Remaining
$ 15,198,000 $ 69,550 $ 15,128,450
Builder Risk & Pollution Insurance $ 63,000 $ - $ 63,000
OCIP General Liability Insurance $ 287,000 $ - $ 287,000
Architecture & Engineering $ 498,000 $ 188,481 $ 309,519
Direct Project Reimbursables $ 50,000 $ 1,726 $ 48,274
Tap Fees $ 640,000 $ 69,000 $ 571,000
Legal Fees $ - $ - $ -
Building Permit & Planning Fees $ - $ - $ -
Survey & Consultants $ 98,000 $ 4,000 $ 94,000
Marketing and Presales $ r 95,000 11,575 $ 83,425
Contingency $ 86,0 - $ 86,000
Triumph OH & Milestone Pymts $ 196,000 $ 110,000 $ 86,000
Development Fee - 3% Hard + Soft $ 517,000 $ - $ 517,000
Softcost $ 2,530,000 $ 384,782 $ 2,145,218
Total Development Cost
$ 17,728,000 $ 454,333 $ 17,273,667
Contract Allowances. (See complete description of these allowances in Exhibit A)
Winter Conditions $ 251,748
Unsuitable Soils and Rock $ 36,000
Irrigation $ 47,640
Water/Sewer Flowfill Encasement $ 60,000
Utility Meter Enclosures at 10 Buildings $ 50,000
Monument Signage, Lighting, Foundation $ 5,000
Modular Staging Lease $ 40,000
Xcel Energy Allowance $ 165,000
ERWSD Tap Fee Allowance $ 517,616
April 4, 2017 - Page 82 of 165
Chamonix Vail Development Agreement 4.4.2017
Exhibit C - Development Schedule
Outlined below is the Chamonix Vail Development Schedule.
This schedule includes 19 non -work days for unsuitable weather conditions.
Weather delays beyond these historic averages constitute the basis for an
extension to the Schedule and direct overhead.
This schedule also outlines the following permit submission and review durations.
To the extent the building permitting exceeds these review durations
at no fault of the Developer, the delay will be a basis of extension to
the Schedule.
Commence Construction 4/5/17
Submit for Town of Vail Site & Utility Permit 3/10/17
Receive Town of Vail Site and Utility Permit 4/4/17
Submit for Town of Vail Foundation Permit 4/17/17
Receive Town of Vail Foundation Permit 5/15/17
Submit for Modular State Building Permit 5/17/17
Receive Modular State Building Permit 7/12/17
Submit for Town of Vail Building Permit 5/17/17
Receive Town of Vail Building Permit 7/12/17
TCO first and second buildings 12/27/17
TCO third, fourth and fifth buildings 1/31/18
TCO sixth, seventh and eighth buildings 2/28/18
TCO ninth and tenth buildings 3/21/18
Final CO 6/19/18
April 4, 2017 - Page 83 of 165
DEED RESTRICTION AGREEMENT
FOR THE OCCUPANCY AND TRANSFER
OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS
THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this
day of , 201_ (the "Effective Date") by and between the
Town of Vail, Colorado, a Colorado home rule municipality with an address of 75 South
Frontage Road, Vail, Colorado 81657 (the "Town"), and , an
individual with an address of , Vail, Colorado 81657 ("Buyer")
(each individually a "Party" and collectively the "Parties").
WHEREAS, the Town owns the real property described in Exhibit A, attached
hereto and incorporated herein by this reference (the "Property") and has developed the
Property as part of the Chamonix Vail employee housing project;
WHEREAS, the Town is selling the Property to Buyer, and desires to restrict the
occupancy, use and resale of the Property.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. Property. The following real property is hereby burdened with the covenants
and restrictions specified in this Agreement: , Vail, Colorado
81657, as more specifically described in Exhibit A.
2. Definitions. For purposes of this Agreement, the following terms shall have the
following meanings:
a. Guidelines means the current version of the Chamonix Vail Employee
Housing Guidelines adopted by the Town.
b. Maximum Resale Price means the Purchase Price paid by the last
Qualified Buyer plus: an increase of 1.5% per annum of such Purchase Price (prorated
at the rate of 1/12 for each whole month) from the date of Owner's purchase of the
Property to the date of the Owner's execution of the listing contract, such percentage
increase to not be compounded annually; and the value of Permitted Capital
Improvements.
c. Non -Qualified Owner means any person who acquires an ownership
interest in the Property who is not a Qualified Owner.
d. Owner means any person who acquires an ownership interest in the
Property, including without limitation Qualified Owners, Non -Qualified Owners and
Inheriting Owners.
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e. Permitted Capital Improvements means those improvements to the
Property performed by the current Owner as described in the Guidelines, which shall
qualify for inclusion within the calculation of Maximum Resale Price if the Owner
furnishes the Town with the following information:
Original or duplicate receipts to verify the actual costs expended by the
Owner for the Permitted Capital Improvements;
ii. Affidavit verifying the receipts are valid and correct receipts tendered at
the time of purchase; and
iii. True and correct copies of any building permit or certificate of occupancy
required to be issued by the Town for the Permitted Capital Improvements.
f. Principal Place of Residence means the home or place in which one's
habitation is fixed and to which one has a present intention of returning after a departure
or absence therefrom. In determining what is a Principal Place of Residence, the Town
shall consider the criteria set forth in C.R.S. § 31-10-201(3), as amended.
g. Purchase Price means all consideration paid by a Qualified Buyer for the
Property but excludes: any proration amounts, taxes, costs and expenses of obtaining
financing; costs of furnishings or personal property; lenders' fees; title insurance fees;
closing cost; inspection fees; and real estate purchase or sales commission(s).
h. Qualified Buyer means the Town or a person who, upon purchase of the
Property, will be a Qualified Owner.
Qualified Owner means an Owner who is an individual who works an
average of 30 hours or more per week at a business in Eagle County, Colorado that
holds a valid and current business license, or pays sales taxes, or is otherwise generally
recognized as a legitimate business. For example, if an individual worked 60 hours per
week for one half of the year at such a business in Eagle County, Colorado, and worked
elsewhere for the other half of the year, such person would be a Qualified Owner. A
Qualified Owner also includes an individual who was a Qualified Owner when the
individual purchased the Property, but then retires while owning the Property, and is 60
years of age or older at the time of retirement, and who, for the 5 years immediately
prior to retirement, worked an average of 30 hours or more per week at a business in
Eagle County that holds a valid and current business license, or pays sales taxes, or is
otherwise generally recognized as a legitimate business.
j. Qualified Tenant means an individual who works an average of 30 hours
or more per week at a business in Eagle County, Colorado that holds a valid and
current business license, or pays sales taxes, or is otherwise generally recognized as a
legitimate business. For example, if an individual worked 60 hours per week for one
half of the year at such a business in Eagle County, Colorado, and worked elsewhere
for the other half of the year, such person would be a Qualified Tenant.
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k. Transfer means any sale, conveyance, assignment or transfer, voluntary
or involuntary, of any interest in the Property, including without limitation a fee simple
interest, a joint tenancy interest, a life estate, a leasehold interest and an interest
evidenced by any contract by which possession of the Property is transferred and an
Owner retains title; provided that the lease of a room or rooms within the Property to a
Qualified Tenant in accordance with this Agreement shall not constitute a Transfer.
3. Occupancy Restrictions.
a. The Property shall be continuously occupied by at least one Qualified
Owner as his or her principal place of residence.
b. The Qualified Owner may lease a room or rooms in the Property to one or
more Qualified Tenants, provided that the Qualified Owner still occupies the Property as
his or her principal place of residence.
c. No business activity shall occur on or in the Property, other than as
permitted within the zone district applicable to the Property.
d. If a Qualified Owner ceases to occupy the Property as his or her principal
place of residence, the Property shall be transferred pursuant to Section 4 hereof. An
Owner shall be deemed to have changed his or her domicile by: becoming a resident
elsewhere; accepting permanent employment outside of Eagle County, Colorado; or
residing in the Property for fewer than 9 months per calendar year.
e. If at any time a Qualified Owner also owns any interest alone or in
conjunction with others in any developed residential property or dwelling unit located in
Eagle County, Colorado, the Qualified Owner shall immediately list said other property
or unit for sale to sell the Qualified Owner's interest in such property at a sales price
comparable to like units or properties in the area in which the property or dwelling unit is
located. If said other property or unit(s) has not been sold by the Qualified Owner within
120 days of its listing, the Qualified Owner shall immediately contact the Town to
Transfer the Property pursuant to Section 4 hereof. It is understood and agreed that, in
the case of a Qualified Owner whose business is the construction and sale of residential
properties or the purchase and sale of such properties, the properties which constitute
inventory in the business shall not constitute other developed residential property or
dwelling unit as those terms are used in this Section.
f. No later than February 1st of each year, the Owner shall submit one copy
of a sworn affidavit, on a form provided by the Town, verifying that the Property is
occupied in accordance with this Agreement and the Guidelines.
4. Transfer.
a. The Owner shall first notify the Town that the Owner wishes to Transfer the
Property. The Town shall have the first option to purchase the Property.
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b. Should the Town determine not to purchase the Property, the Town shall
list the Property for sale in accordance with the Guidelines, and shall thereafter select a
Qualified Buyer pursuant to the Guidelines.
c. The Property shall be transferred only to the Town or a Qualified Buyer,
and shall not be sold for more than the Maximum Resale Price. The date of closing shall
be determined by the Town in consultation with the Owner and the Qualified Buyer.
d. Prior to or at closing, the Owner shall pay the Town a nonrefundable listing
fee equal to 2% of the Maximum Resale Price. The Town may instruct the title
company to pay said fee to the Town out of the funds held for the Owner at the closing.
e. At closing, the Qualified Buyer shall execute, in a form satisfactory to the
Town and for recording with the Eagle County Clerk and Recorder, a document
acknowledging this Deed Restriction and expressly agreeing to be bound by it.
5. Effect of Transfer to a Non -Qualified Owner.
a. If for any reason the Property is transferred to a Non -Qualified Owner, the
Non -Qualified Owner shall immediately contact the Town to Transfer the Property
pursuant to Section 4 hereof.
b. The Non -Qualified Owner shall execute any and all documents necessary
for the Transfer.
c. A Non -Qualified Owner shall not: occupy the Property; rent any part of the
Property; engage in any business activity in the Property; or Transfer the Property
except in accordance with this Agreement.
d. The Town shall have the right and option to purchase the Property,
exercisable within a period of 15 days after receipt of notice pursuant to Subsection a.
hereof, and if the Town exercises its right and option, the Town shall purchase the
Property from the Non -Qualified Owner for a price equal to 95% of the Maximum Resale
Price, or the appraised market value, whichever is less.
6. Transfer by Devise or Inheritance.
a. If a Transfer occurs by devise or inheritance due to death of an Owner, the
personal representative of the Owner's estate or the person inheriting the Property (the
"Inheriting Owner") shall provide written notice to the Town within 30 days of the date of
death.
b. If the Inheriting Owner is a Qualified Owner, he or she shall provide the
Town with documentation proving his or her status as such, and the Town may
determine if the Inheriting Owner is in fact a Qualified Owner. If the Inheriting Owner
fails to provide the required documentation, he or she shall be deemed a Non -Qualified
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Owner. If the Inheriting Owner is a Qualified Owner, he or she shall succeed to the
Qualified Owner's interest and obligations under this Agreement.
c. If the Inheriting Owner is a Non -Qualified Owner, the Inheriting Owner
shall contact the Town to Transfer the Property pursuant to Section 4 hereof.
7. Rental. Nothing in this Section shall preclude a Qualified Owner from sharing
occupancy of the Property with one or more Qualified Tenants on a rental basis,
provided that the Qualified Owner continues to comply with this Agreement and the
Guidelines. Leases of less than 30 days or more than 6 months are prohibited,
provided that a Qualified Tenant may renew a 6 -month lease without limitation.
8. Breach.
a. It shall be a breach of this Agreement for an Owner, Qualified Buyer or
Qualified Tenant to violate any provision of this Agreement, or to default in payment or
other obligations due to be performed under a promissory note secured by a first deed
of trust encumbering the Property.
b. If the Town has reasonable cause to believe that an Owner, Qualified
Buyer or Qualified Tenant is violating this Agreement, the Town may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after
providing the Owner or Inheriting Owner with 24 hours written notice. This Agreement
shall constitute permission to enter the Property during such times upon such notice.
c. If the Town discovers a violation of this Agreement, the Town shall notify
the Owner, Qualified Buyer or Qualified Tenant of the violation and allow 15 days to
cure.
9. Remedies.
a. Any Transfer in violation of this Agreement shall be wholly null and void
and shall confer no title whatsoever upon the purported buyer. Each and every
Transfer, for all purposes, shall be deemed to include and incorporate by this reference
the covenants contained in this Agreement, even if the Transfer documents fail to
reference this Agreement.
b. The Town may pursue all available remedies for violations of this
Agreement, including without limitation specific performance or a mandatory injunction
requiring a Transfer of the Property, with the costs of such Transfer to be paid out of the
proceeds of the sale.
c. Upon request by the Town, each Owner authorizes the holder of any
mortgage or deed of trust against the Property to disclose to the Town if any payments
due are delinquent and the duration and amount of such delinquency.
5
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d. Any violation of this Agreement shall cause the Maximum Resale Price to
freeze and remain fixed until the date such violation is fully cured.
e. In addition to the specific remedies set forth herein, the Town shall have all
other remedies available at law or equity, and the exercise of one remedy shall not
preclude the exercise of any other remedy.
10. Foreclosure.
a. An Owner shall notify the Town, in writing, of any notification received
from a lender of past due payments or defaults in payments or other obligations within 5
days of receipt of such notification.
b. An Owner shall immediately notify the Town, in writing, of any notice of
foreclosure under the first deed of trust or any other subordinate security interest in the
Property, or when any payment on any indebtedness encumbering the Property is
required to avoid foreclosure of the first deed of trust or other subordinate security
interest in the Property.
c. Within 60 days after receipt of any notice described herein, the Town may
(but shall not be obligated to) proceed to make any payment required to avoid
foreclosure. Upon making any such payment, the Town shall place a lien on the
Property in the amount paid to cure the default and avoid foreclosure, including all fees
and costs resulting from such foreclosure.
d. Notwithstanding any other provision of this Agreement, in the event of a
foreclosure, acceptance of a deed -in -lieu of foreclosure, or assignment, this Agreement
shall remain in full force and effect.
e. The Town shall have 30 days after issuance of the public trustee's deed or
the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by
tendering to the holder, in cash or certified funds, an amount equal to the redemption
price which would have been required of the borrower or any person who might be
liable upon a deficiency on the last day of the statutory redemption period(s) and any
additional reasonable costs incurred by the holder related to the foreclosure.
11. Miscellaneous.
a. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
b. Integration. This Agreement and any attached exhibits constitute the
entire agreement between Buyer and the Town, superseding all prior oral or written
communications.
c. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective heirs, successors and assigns.
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d. Severability. If any provision of this Agreement is determined to be void
by a court of competent jurisdiction, such determination shall not affect any other
provision hereof, and all of the other provisions shall remain in full force and effect.
e. Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Colorado, and any legal action concerning the provisions hereof
shall be brought in Eagle County, Colorado.
f. Assignment. There shall be no transfer or assignment of any of the rights
or obligations of Buyer under this Agreement without the prior written approval of the
Town.
g. Third Parties. There are no intended third -party beneficiaries to this
Agreement.
h. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre -paid, first class United States
Mail to the Party at the address set forth on the first page of this Agreement.
j. Recording. This Agreement shall be recorded with the Eagle County
Clerk and Recorder. The benefits and obligations of the Parties under this Agreement
shall run with the land, and shall be binding on any subsequent holder of an interest in
the Property.
k. Savings Clause. If any of the terms, covenants, conditions, restrictions,
uses, limitations, obligations or options created by this Agreement are held to be
unlawful or void for violation of: the rule against perpetuities or some analogous
statutory provision; the rule restricting restraints on alienation; or any other statutory or
common law rules imposing like or similar time limits, then such provision shall continue
only for the period of the lives of the current duly elected and seated members of the
Vail Town Council, their now living descendants, if any, and the survivor of them, plus
21 years.
7
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April 4, 2017 - Page 90 of 165
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
ATTEST:
Patty McKenny, Town Clerk
STATE OF COLORADO )
COUNTY OF EAGLE )
ss.
TOWN OF VAIL, COLORADO
Dave Chapin, Mayor
BUYER
By:
The foregoing instrument was subscribed, sworn to and acknowledged before
me this day of , 201_, by , as the owner
of the Property located at Vail, Colorado 81657.
Witness my hand and official seal.
(S E A L)
My commission expires:
8
Notary Public
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RESTRICTION -A031717. DOCX
April 4, 2017 - Page 91 of 165
EXHIBIT A
LEGAL DESCRIPTION
2310 Chamonix Road
Parcel B, Resubdivision of Tract D,
Vail Das Schone, Filing No. 1
9
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April 4, 2017 - Page 92 of 165
Exhibit E — Chamonix Vail Public Improvements - 4.4.2017 /
N
\ \ V
/# // / N:10005.87
y E:10592.40
/ REMOVE WATER SERVICE REUSED TO BE FOR
\ IXREMOVECE LINE.
010912.02
SERVICE J2
REMOVE WATER CE UNE
/ LOCATION TORO
REUSED FOR
\,
,08=566
.0614.13
REMOVE SEWER SERkE UNE
LOCATION TO BE
PROPOSED SERVICEEUSEO FOR
L10946.24
REMOVE
LINE ICE E.105]0.38
REMOVE AND CAP
SERACE LINE AT
REMOVE
ISAMOLE
REMOVE SEWER
0
MAIN #
FSMIVCEE 'ITE CA"
MNN
MAIN
,/ REMOVE WATE
REme.vE wATER SERVICE AND CAP
SERVICE AND CAR AT MAIN.
AT MAIN.
MAPPED LOCATION
TELEPHONE CABLE
ELEC., AND GAS
PROPERTY
EX BUILDING
441
# REMOVE EX. SERVICE LINE
ye
' TO WYE CONNECTION.
LOCATION TO BE REUSED
FOR PROPOSED SERVICE
MAIN
CAP AT TEE.
OVE
SERVICE A
CAP AT T
I provement
EX. BUILDING
EX. BUILDING
PZEE ^NE °I REMOVE 6' DIP WATER
MAIN SERVICE. REuSE TEE FOR
PROPOSED FH SERVICE.
CAP AT TEE.
•
1,10663.01
REMOVE WATER
SERVICE AND
CAP AT TEE
REMOVE SEWER SERVICE UNE
LOCATION TO BE REUSED FOR
PROPOSED SERVICE
PROPOSED SERVICE
41;: REMO. SEWER SERVICE LINE.
WEST Pa
POLINDADDLIT
NEE
EX. BUILDING
EX FIRE
STATION SITE
DEMOLITION PLAN
CALL 811 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG. GRADE OR EXCAVATE FOR
MARKING OF UNDERGROUND MEMBER UTILITIES
LOC=NT/MrEN412.16EIHNOW,rranTAZ: =BEEN
MATERIAL. HORIZONTAL AND VERTICAL LOCARON OF ALL URLITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION.
C060
April 4, 2017 - Page 93 of 165
MIN.
SLOPE AT BACK
OF BUILDING. REGRADING 2DETAIL SHEET FOR
YPI
TCAL SECTION AT BACK OF BUILDINGS
REFER TO SHEET C1104CTIONAFOR TBACYPICAL ANDFROM- OF BUILDING. TYR.
GRADING
LF OF BOULDER RETAINING
WALL, HT. VARIES FROM t'-0'
1
--SS--___ CHAMONIX LANE l -
I Ssi--ss_____-Ss___/s
I I
PROVIDE ALE W/ MIN. 2% 1 / 8 - STONE STEPS 1 LANDING OB
`TY BUILDING. SECTION
K OFAIL B DINGS / CRUSHOER FFII UONI%TH UP/
HDPE aRT
UNDERNEATH CRUSHERVFIINES TRAIL "9-
]965
CO
WFLL.-HBOULDER RETAINING
T. VARIES FROM 1 -0
LANDINGS NRSCRUSNEB FINES
RE:IANDSCAPE FOR
ORIENTATION AND LAYOUT
5' CRUSHE3.FINES TRUL, 0E2104 /
FO P� SSWAALEE -MM. 2% SLOPSE Al022
_ �TYPICA4SEC=0N Aj 982 _-M5-
GRADING PLAN CONT'D
1OLF OF BOULDER RETAINING
WALL. HT. VARIES FROM 1'-0'
STOP SIGN FOR TRNL:
PAINTED CROSSWALK MARKINGS
STOP SIGN FOR TRAI • V
Box ENc oSURE PA �1�BLL �s��r• i r _
' KNG SPACE � 1
M
,s,� i 1,
OW ROAD
~tP
]955
2P9FRa HDrP
1. REFER TO SHEETS C210 -C212 FOR STORM INFORMATION.
F2. REFER TO SHEETS C220 -C223 FOR SEWER 10300901100
F3. REFER TO SHEET 0230-C234 FOR WATER INFORMATION.
PERIMFTFR DRAIN NOT,
4 ASSUME ALL BUILDINGS WILL HAVE AN IXTERIOR
PERIMETER SUBSURFACE
PLACED AROUND THE OUTSIDE OFBASEMENT OR
DRAINAGESYSTEM
BURIEDCRAWLSPACE AREAS. AND BE
FOOTINGSAND/OR
BRTHHE BASEMENT OR CRAWLSPACE LEVEL. E
N AN OF PROPERLY GRADED
PIPE ECOVERED
GRAVEL. A SLOPE OF i" PER FOOT SHOULD BE MAINTAINED ALONG RIE
PIPE WHEN PLACED.
E GRAVEL ENVELOPE
THE GRAATHICK VEELAABOVETH E THE FAND 4' PIPE SHHOULD EXTENICK ON DTOLTHE BASEMENT ORH SIDES OF THE F
CRAWLSPACE LEVEL GRADATION REQUIREMENTS FOR
100% PASSING 2% 50% PASSING 1', D LESS THAN 59. PASSING THENUMBER 200 \
FILTER FABRIC.
SI3 0E. ASSUMED ALS TO L BUID11NG0 INTHE GRAVEL SHOULD BE R H OT FOR LHA PERMETERLE \V
WHICH WILL DRAIN TON THAT FA SUMP n -m -r mu_PUMP DISCHARGE GTo GRADS 1 ANDE /
ALONCHPROPE%RTY UNE,-_
SLOPE NOT TOTE%GEED 21''M`e
AVio-
--Mesa--�>
- TMM
x'\505) O2 RIPRAP
(050=97 22
STALL 24224' GRATE w/ 1
INSERTA TEEHor EO CULVE
REMTOVE EAN. 30"S FLARED •
SECINLET ON N.
SIDE OF
U
CONTRACTOR TO FIELD VERIFY
. INVERT 9LEVAROR9F CUL
1011 5 NS ALE u0
1RE
LLrDwENSIo w
SAWCUT MIN. 2' INTO CHAMONIX ROAD ALONG
1 ASPHALT TO MATCH E%. PAVEMENT SEC11 N
E \ 1
\ v \
Phi Iic Foveme
/L -9 -8.. -1 -1'2 -BUSINESS OAK IN ADVANCE
ANG OOFU NOGE GROUND MEMBERAEIE1
OiARTIN ASSUMES N0 REOSNPONSSBIott FOR UTLITY
IED IRIN/MgM iHFUBEgP IZTIE IiOORMATTFRITF IsHHOWEVER
PL .
MATERIAL. HORIZONTAL ANDVERTICALLOCATION OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION.
Sheet N m er.
C102
April 4, 2017 - Page 94 of 165
N
N
e WATER
LEGEND
EXISTING PROPOSED
PROPERTY LINE
RIGHT-OF-WAY UNE
SECTION LINE
EASEMENT
RETAINING WALL
CURB & GUTTER
▪ HANDICAP RAMPS
UTILIN CROSSING
ST STORM SEWER
OD STORM MANHOLE
-RD----- ROOF DRAIN
8 INLETSTORM
FLARED END SECTION
-SS--- -- SANITARY SEWER
SANITARY MANHOLE
CLEAN OUT
--W----- WATER UNE
® WATER VALVE H
XX FIRE HYDRANT
• WATER METER
IR IRRIGATION LINE
IRRIGATION CONTROL
OVERHEAD ELECTRIC
ELECTRIC
L% LIGHT POLE
O POWER POLE 0
ELECTRIC METER
-T----- TELEPHONE LINE
TELEPHONE PEDESTAL TQ
-CT--- -- CABLE TV
-G----- GAS LINE
SIGN i
• MONITOR WELL
DRIVE DESCRIPTIONS DRIVE
GAS UNE (ER
REMOTE),
;TIMING (TP.
(TOT.)
TANSELECTRIC,
PHONE, AND
(BY OTHERS). 8880TE 8
20.0'
ANTICIPATED /
UTILITY ESMT.
RE HYDRANT RE: C230
�lury esM�.
ANTICIPATED
UTILITY MT.UTILITYEs
EX SEWER ' SERWGE ow.)
,/
E MIA) /
EX. WATER �/ 3
TUB m- //
RE C220 SERIES SHEER
. %WATER IAN. TYR..
uric
IRE HYORAM RE C230
SANITARY
SEWER MAIN
EXTENSION RE.
i y
T UNE
EX. FIRE HMD
)YP
nts\
EMS). BUILDING
ST
0
SS-
0
00.
mprovements
\ —OE____
CONNECTON TO
EX. STORM
C2 OR RE.
L'OPESDD
EN. STORM SEWER
GENERAL NDTPSV
1 PROVIDE PAINTED 6' STEEL FENCE POSTS TO IODENTIFY LOC, FIRE ATION OF TERMINATED UTILITY .PUURTEANCE,
SHALL ...PAINTED FENCE PO. COLORS
CORRESPOND TWER SERVICE IO ASSOCIATED U , I.E. GREEN STAKE N FOR SANITARY SEWER SERVICES, BLUE
2. UTILRY EASEMENTS SHOWN ARE BASED ON
DRAWINGS OF THE CONSTRUCTED ABUT' MPINTICIPATED LOCATIONS AND WILL BE FINALIZED PER AS -BUILT
3. REFER TO SHEET C040 FOR UTIUTY NOTES.
„.V9-. REFER TO SHEETS C210 -C212 FOR STORM PLAN AND PROFILE INFORMATION.
5. REFER TO SHEETS C220 -C223 FOR SEWER PLAN AND PROFILE INFORMATION.
6. REFER TO SHEETS C230 -C231. FOR WATER PLAN AND PROFILE, WATER DETAILS, AND ADDITION.
INFORMATION FOR PROPOSED WATER INFRASTRUCTURE CONSTRUCRON.
7. REFER TO
. PLAN AND PROFILE FOR
1 CAL OELEVATIONS TRANSFORMER PADS.
B. LINES DESIGNED
ED ON
EER.ARE SHOWN R COORDIINTIONPPURPOSESON, AND BE SUBJECT TONAL LAYOUTS BY HOLY
CONCRETE TRANSFORMER PADS TO BE MIN e
HLNLONLPN W/ REINFORCING, a O
J
DANTICIPATED
UTIUTY ESMT
00. /
RE: C231 GAS LINE (BY
OTHERS8r:
Public
1
30 5 0 30 60
ALL DIMENSIONS VIOL ';'Til?; SURVEY FEET
COLORADO 811
CALL 811 2 -BUSINESS DAYS IN ADVANCE
BEFRE YOU DIG, GRADE ORARRING OF UNDERGROUND MEMBERATE UTILITI
FOR
MES
NO RESNIBILITY FOR LRIUTT
LOCATTIONS/M THENUT0TIESES SHOWN ONTHSS DRAWING AVE BEEN
PLOTTED
THE CONTACTORS RESPONSIBILITY TO FIELD VERIFY FORMATION. IT THOWEVER,�
THE SIZE,
ATEPRIORHTO THEAND
COMMENCEMENT OF ANY CONSTRUCTION.
OVERALL UTILITY PLAN
S eet Number:
C200
April 4, 2017 - Page 95 of 165
7-4
10400 27
ATER SERVICE
WATER N o 6123 SERVICE ��
E., - ERS
N:10848.40
:1 0848 ATER 40 RVICE
AEICE
480.60
E10
TER SERVIC
:10859 49
2 0514.93
E10917 ATER SERVICE
N:10781.25
E:10338.22
faND
E D\
N510 :1049 HORIZ63 B
9.1 LF Er DIP
: 45' BEND
N:10849
497
P10503.08 -
WATER SERVICE
E:10306.23
11.25'
VERT. BEND \
.5.U5.
IRRIGATIONMETER PIT
E)NNI
10486 59�_� E
-•BO
2
N:10768.22
P10373.81
UTIUTY
CROSSING
99 OLF EC DIP
WATER SERVICE
N 10
00368 12
WAERVICE
N:10694.89 94
P10363.29
. 2 5LF 8' DIP
88'%8"X8' TEE CONN. h5'
TO IX. WATER MAIN
N,10]83.25
\\E.10557.J8\
7965
WATER MAIN
c Improvements
7065
7960
7955
7950
7945
7940
7935
7930
7955
7950
7945
R TO FIELD
MAIN
AND TELEVATION
7930
13+00
13+50
14+00
14+50
WATER LINE PROFILE
SCALE - -20
15+00
15+50
16+00
PLAN NOTES:
0 STORMTLROSSENGSWTHCRIGIOEFOAM E 5UALTI05
GENERAL NOTES:
LEGEND
EX/STING PROPOSED
PROPERTY RIGHTON
F WAY --
SECTION LINE
EASEMENT
RETAINING WALL
CURB & GUTTER
TY
_---_ UST FMSEWER
CROSSING
STORM MANHOLE
STORM INLET
O FLARED END SECTION
SS SANITARY SEWER
Q SANITARY MANHOLE
CLEAN
UT
- Q----- WATER LINE
O WATER VALVE
• EIRE HYDRANT
WATER METER
IR----- IRRIGATION LINE
-OHE OVERHEAD ELECTRIC
--E----- ELECTRIC LINE
Q
LIGHT POLE
O POWER POLE
▪ ELECTRIC METER
TELEPHONE LINE
C7 TELEPHONE PEDESTAL
CT----- CABLE TV
GAS LINE
SIGN
DRIVE DESCRIPTIONS
ST
0
SS -
0
0
CT
AL
DRIVE
1. REFER TO THE EAGLE RIVER WATER & SANITATION DISTRICT'S CONSTRUCTION STANDARDS FOR WATER MAIN INE INSTALLATION
FOR ADDITIONAL
REQUIREMENTS. MATERIAL SPECIFICATIONS, TRENCHING AND BEDDING REQUIREMENTS AND ALL OTHER CONSTRUCTION
2 ALLWATER MAIN LINE SHALL BE BURIED A MINIMUM OF J FEET TO TOP OF PIPE AND SHALL NOT EXCEED 95' TO TOP OF
3 FIRE HYDRANTS SHALL BE AT A MINIMUM DEPTH OF 7 FEET AND SHALL NOT EXCEED 05' IN BURIAL DEPTH.
4 WHERE BLOCKSSLOPES THAT SHALL BE USED FORROR GREATER WILL BE THE CONSTRUCTION OF THERIENCED WATER MATIN. REERWSD STD. WTHE WATER .IN, ft209 RNNEO JOINTS AND ANCHOR
5 ALL WATER MAIN
ATERIAL SHALL
N PIPE.
LASS 52
R ASSA
WITH A WORKING
SURE
I, AND
MENT
RTAR
04,
WISE
6. THE WATEREMAIN LINE DIAMIETER SHALLL BE DUCTILE
8I ANDD UALLLLSECR✓ICE RINESESSPECIFIED.
HAAL BE AIMNMUM OF 1..5. INRDIAAMEETER. 350
7. WATER SERVICE
WATER SERVICE MATERIAL UNLESIONSSEIOOTHE }SE NOTED SHALL BE POLYETHYLENE TUBING AND SHALL COMPLY WITH THE ERWSD
SPECIFIC8. A NUMBER a CONDUCTOR AND CAD -WELDS OR THE gMANVF EREWSR SUPPLIEDSTRAPSHALL BE USED TO BOND EACH
JOINT D FITTING. ADDITION, 10 -GAUGE INSULATED R E H REQUIRED ON IN LINES.
9 FOR CORPPVALVEETO THE SERVICES
NSIDE OF THE STRUCTURE, THATSIIS BROUGHT UP TO THE SURFACE AT THE HALL BE TAPED TO THE WATER SERNCE TCURB STOP EVERY 2 VALVE. EET FROM HE
VALVE. WIRE
CONNECTIONS SHALL BE W. TAPED FOR CORROSION PROTECTION.
10. THRUST BLOCKS SHALL BE INSTALLED ON ALL BENDS. TEES, FIRE HYDRANTS, VALVES, ETC... ALONG THE WATER MAN.
11. MEGALUGS SHALL BE USED IN ALL CHANGE OF DIRECTION FOR FITTINGS.
12. ALL WATER MAIN LINES AND WATER SERVICE IVIES SHALL BE INSTALLED ATA MINIMUM HORIZONTAL DISTANCE OF 10' FROM
ALL STRUCTURES AND SHALL HAVE A MINIMUM HORIZONTAL DISTANCE OF 10' FROM ALL SEWER UNES AND APPURTENANCES.
13. EACH INDIVIDUAL WATER SERVICE UNE INSTALLED SHALL HAVE ITS OWN MASTER METER PER ERWSD STANDARDS.
VERTICAL BENCHMARK ANO RASIS 00 RFARINS.S_
20 10 20 40
ALL 06. UN6 .NE 6°.. SURVEY FEU
/ f
COLORADO $11
LL 811 2 -BUSINESS DAYS IN ADVANCE
BEDIG, GRADE OR FORE
EXCAVATE
RGROUND MEMBERUTILITI
MARKING OFUNDERGROUND ES
1. BASTSOFEIE: TOP0F MONUMENTFOUND MARKING
T. SOUTHWESTERLY CORNER SUBJECT PARCEL, IRTIN/MRTIN ASSUMES NO RESPONSIBILTD FOR UTItt
ELEVATION = 7997.11(NAVD881 LOCATIONS.
THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN
D FROM THE BEST AVAILABLE
FORMATION. IT IS, HOWEVER,
2. BEARINGS INDICATEDSEN EREO OTARE AER THE UB REcoRN FLAT FL THEE CCONTRACZOWRS RESNTAL SPPOONSIIBOTLITY HO FIELD ICAL UTON OF VERIFY THE SIZE,
DASASCHONE FILING N0. 1. ftE5 0 0 A1C w'TEPRIORHTO THE COMMENCEMENT OF ANY CONSTRUCTION.
April 4, 2017 - Page 96 of 165
$'.m�
EGRADEXISDNG�
/
\
b,�rc
PROPOSED
GRADE
/
O \
l
m
-.
n >
\
aid
mr
SEWER 5+22164
SELEV=794957
\
99.0 LF 8" DI,
1468
LF 8' DIP
1 ,_
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i`
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"n
b
6W,„04,
rc
12" STO M SEWER
ETA -12+86.91
CONCRETEFl R
,,
\ L
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EX. WER3+8 MAIN
LF 8' DIP
.4`1\111114%,.._d
6'
w
\\
-
ELEVS J94i a6B
C
OR6.11
,
E.
STORM
IR��,NVVY
ranccl
wtc
AST weEW
50.1 LF'8" DIP
w r
o'h
i t,NU551ry
LINEF
10'
8.36LF 8
DIPS
\I
A
LI
SANITARY
.�
i
CROSSING
EX. CABLE. 5+80 4 ,�
Z
ELEV=7945,29
-:
1&53LF 8' DIH-
STA -15+84G95
29
ELD29J
20F 8.
CONCRETE
OR
ENCASE
WATER
/'
' E.W.
2SDLF6.
.01P
LOCATIONINE
ROSSI,.
7955
7950
7945
R TO FIELD
MAIN
AND TELEVATION
7930
13+00
13+50
14+00
14+50
WATER LINE PROFILE
SCALE - -20
15+00
15+50
16+00
PLAN NOTES:
0 STORMTLROSSENGSWTHCRIGIOEFOAM E 5UALTI05
GENERAL NOTES:
LEGEND
EX/STING PROPOSED
PROPERTY RIGHTON
F WAY --
SECTION LINE
EASEMENT
RETAINING WALL
CURB & GUTTER
TY
_---_ UST FMSEWER
CROSSING
STORM MANHOLE
STORM INLET
O FLARED END SECTION
SS SANITARY SEWER
Q SANITARY MANHOLE
CLEAN
UT
- Q----- WATER LINE
O WATER VALVE
• EIRE HYDRANT
WATER METER
IR----- IRRIGATION LINE
-OHE OVERHEAD ELECTRIC
--E----- ELECTRIC LINE
Q
LIGHT POLE
O POWER POLE
▪ ELECTRIC METER
TELEPHONE LINE
C7 TELEPHONE PEDESTAL
CT----- CABLE TV
GAS LINE
SIGN
DRIVE DESCRIPTIONS
ST
0
SS -
0
0
CT
AL
DRIVE
1. REFER TO THE EAGLE RIVER WATER & SANITATION DISTRICT'S CONSTRUCTION STANDARDS FOR WATER MAIN INE INSTALLATION
FOR ADDITIONAL
REQUIREMENTS. MATERIAL SPECIFICATIONS, TRENCHING AND BEDDING REQUIREMENTS AND ALL OTHER CONSTRUCTION
2 ALLWATER MAIN LINE SHALL BE BURIED A MINIMUM OF J FEET TO TOP OF PIPE AND SHALL NOT EXCEED 95' TO TOP OF
3 FIRE HYDRANTS SHALL BE AT A MINIMUM DEPTH OF 7 FEET AND SHALL NOT EXCEED 05' IN BURIAL DEPTH.
4 WHERE BLOCKSSLOPES THAT SHALL BE USED FORROR GREATER WILL BE THE CONSTRUCTION OF THERIENCED WATER MATIN. REERWSD STD. WTHE WATER .IN, ft209 RNNEO JOINTS AND ANCHOR
5 ALL WATER MAIN
ATERIAL SHALL
N PIPE.
LASS 52
R ASSA
WITH A WORKING
SURE
I, AND
MENT
RTAR
04,
WISE
6. THE WATEREMAIN LINE DIAMIETER SHALLL BE DUCTILE
8I ANDD UALLLLSECR✓ICE RINESESSPECIFIED.
HAAL BE AIMNMUM OF 1..5. INRDIAAMEETER. 350
7. WATER SERVICE
WATER SERVICE MATERIAL UNLESIONSSEIOOTHE }SE NOTED SHALL BE POLYETHYLENE TUBING AND SHALL COMPLY WITH THE ERWSD
SPECIFIC8. A NUMBER a CONDUCTOR AND CAD -WELDS OR THE gMANVF EREWSR SUPPLIEDSTRAPSHALL BE USED TO BOND EACH
JOINT D FITTING. ADDITION, 10 -GAUGE INSULATED R E H REQUIRED ON IN LINES.
9 FOR CORPPVALVEETO THE SERVICES
NSIDE OF THE STRUCTURE, THATSIIS BROUGHT UP TO THE SURFACE AT THE HALL BE TAPED TO THE WATER SERNCE TCURB STOP EVERY 2 VALVE. EET FROM HE
VALVE. WIRE
CONNECTIONS SHALL BE W. TAPED FOR CORROSION PROTECTION.
10. THRUST BLOCKS SHALL BE INSTALLED ON ALL BENDS. TEES, FIRE HYDRANTS, VALVES, ETC... ALONG THE WATER MAN.
11. MEGALUGS SHALL BE USED IN ALL CHANGE OF DIRECTION FOR FITTINGS.
12. ALL WATER MAIN LINES AND WATER SERVICE IVIES SHALL BE INSTALLED ATA MINIMUM HORIZONTAL DISTANCE OF 10' FROM
ALL STRUCTURES AND SHALL HAVE A MINIMUM HORIZONTAL DISTANCE OF 10' FROM ALL SEWER UNES AND APPURTENANCES.
13. EACH INDIVIDUAL WATER SERVICE UNE INSTALLED SHALL HAVE ITS OWN MASTER METER PER ERWSD STANDARDS.
VERTICAL BENCHMARK ANO RASIS 00 RFARINS.S_
20 10 20 40
ALL 06. UN6 .NE 6°.. SURVEY FEU
/ f
COLORADO $11
LL 811 2 -BUSINESS DAYS IN ADVANCE
BEDIG, GRADE OR FORE
EXCAVATE
RGROUND MEMBERUTILITI
MARKING OFUNDERGROUND ES
1. BASTSOFEIE: TOP0F MONUMENTFOUND MARKING
T. SOUTHWESTERLY CORNER SUBJECT PARCEL, IRTIN/MRTIN ASSUMES NO RESPONSIBILTD FOR UTItt
ELEVATION = 7997.11(NAVD881 LOCATIONS.
THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN
D FROM THE BEST AVAILABLE
FORMATION. IT IS, HOWEVER,
2. BEARINGS INDICATEDSEN EREO OTARE AER THE UB REcoRN FLAT FL THEE CCONTRACZOWRS RESNTAL SPPOONSIIBOTLITY HO FIELD ICAL UTON OF VERIFY THE SIZE,
DASASCHONE FILING N0. 1. ftE5 0 0 A1C w'TEPRIORHTO THE COMMENCEMENT OF ANY CONSTRUCTION.
April 4, 2017 - Page 96 of 165
Exhibit F - April 4, 2017
PAYMENT AND PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal", and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the Town of Vail, Colorado, a
Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of
Dollars in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Contract with the Owner, dated the day of ,20 , a copy
of which is hereto attached and made a part hereof for the performance of the Work,
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Contract during the original term
thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to
the Surety and during the life of the guaranty or warranty period, and shall satisfy all claims and
demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from
all cost and damages which it may suffer by the Principal's failure to do so, and shall reimburse and
repay the Owner all outlay and expense which the Owner may incur in making good any default,
and make payment to all persons, firms, subcontractors and corporations furnishing materials for or
performing labor in the prosecution of the work provided for in such Contract, and any authorized
extension or modification thereof, including all amounts due for materials, lubricants, repairs on
machinery, equipment and tools, consumed, rented or used in connection with the construction of
such work, and all insurance premiums on said work, and for all labor performed in such work,
whether by subcontractor or otherwise, then this obligation shall be void; otherwise it shall remain
in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this Bond; and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the Work or to the Specifications.
27
April 4, 2017 - Page 97 of 165
PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which
shall be deemed an original, this day of , 20 .
ATTEST: PRINCIPAL
By: By:
Title: Title:
(Corporate Seal)
Address:
SURETY
ATTEST: Surety:
By: By:
Attorney -in -Fact: Title:
Address:
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Contract and Surety must be authorized to
transact business in the State of Colorado and be acceptable to the Town.
28
April 4, 2017 - Page 98 of 165
Application Date: April 30, 2017
Draw Cost Summary EXHIBIT G - MONTHLY DRAW SCHEDULE - 04.04.17
Application #: 1 Chamonix Vail
Scheduled Total
Cost Scheduled Value Previous Work In Completed % Balance
Code Description Value Adjustments Adjusted Applications Place To Date Complete to Finish
x-xxx-xxx RA Nelson Contract 14,821,720 - 14,821,720 - 14,821,720
x-xxx-xxx Developer Project Contingency 376,280 376,280 - 376,280
x-xxx-xxx Hard Cost 15,198,000 15,198,000 15,198,000
x-xxx-xxx Builder Risk & Pollution Insurance 63,000 - 63,000 - 63,000
x-xxx-xxx OCIP General Liablity Insurance 287,000 - 287,000 - 287,000
x-xxx-xxx Architecture & Engineering 498,000 - 498,000 - 498,000
x-xxx-xxx Project Reimbursables 50,000 50,000 - 50,000
x-xxx-xxx Tap Fees 640,000 - 640,000 - 640,000
x-xxx-xxx Legal Fees - - -
x-xxx-xxx Building Permit & Planning Fees - -
x-xxx-xxx Survey & Consultants 98,000 - 98,000 - 98,000
x-xxx-xxx Marketing and Presales 95,000 - 95,000 - 95,000
x-xxx-xxx Developer Softcost Contingency 86,000 86,000 - - 86,000
x-xxx-xxx Triumph Overhead & Milestone Pymts 196,000 - 196,000 - 196,000
x-xxx-xxx Triumph Fee - Approx. 3% of Cost 517,000 - 517,000 - 517,000
Softcost 2,530,000 2,530,000 2,530,000
x-xxx-xxx Financing
Total Development Cost 17,728,000
17,728,000 17,728,000
Triumph Fee Note: Triumph Fee will included an additional 10% retainage each month on top of the 5% retainage held on RA Nelson and implied in Triumph Fee retainage.
This fee retainage will be released at substantial completion and TOV acceptance of the 10th Building.
April 4, 2017 - Page 99 of 165
Exhibit H - Chamonix Vail Insurance Plan - 04.04.17
PROPOSAL OF INSURANCE
CHAMONIX VAIL
AFFORDABLE HOUSING PROJECT
C&B RISK MANAGEMENT
PRESENTED BY
TRACE STEGMAN, COTTINGHAM & BUTLER
Cottingham & Butler
Cottingham & Butler 1800.793.5235 1 www.cottinghambutler.com
65
CHAMONIX VAIL-AFFORDABLE HOUSING PROJECT I PROPOSAL OF INSURANCE
Policy Included in
Development Agreement
COVERAGE SPECIFICATIONS 1 PROJECT SPECIFIC BUILDERS RISK
COMPANY: ZURICH
A.M. BEST RATING: A++, XV
STATUS: ADMITTED
RATING AND STATUS AS OF: 5/28/2015
PROJECT/ WORKSITE INFORMATION
2310 CHAMONIX ROAD
VAIL, CO 81657
ESTIMATED PROJECT TERM - 5/1/17 - 5/1/18
PROJECT OWNER - TOWN OF VAIL
PROJECT DEVELOPER -TRIUMPH DEVELOPMENT WEST, LLC
GENERAL CONTRACTOR- RA NELSON, LLC
PROJECT LIMITS OF COVERAGE
• COVERAGE LIMIT AT PROJECT SITE
• SOFT COSTS
• DEBRIS REMOVAL
• POLLUTANT CLEANUP AND REMOVAL
• PROPERTY AT TEMPORARY LOCATION
• PROPERTY IN TRANSIT
• TESTING COVERAGE FOR BUILDING SYSTEMS
• EARTHQUAKE
• FLOOD
COINSURANCE:
DEDUCTIBLE:
SOFT COST WAITING PERIOD:
MINIMUM EARNED PREMIUM:
VALUATION:
TOTAL PREMIUM:
$15,100,000
$350,000
$250,000
$250,000
$100,000
$100,000
INCLUDED
$5,000,000
$5,000,000
NONE
$25,000
14 CONSEC. DAYS
$20,030
REPLACEMENT COST
$40,060
ZURICH
A++, XV
ADMITTED
5/28/2015
$15,100,000
$350,000
$250,000
$250,000
$2,000,000
$100,000
INCLUDED
$5,000,000
$5,000,000
NONE
$5,000
14 CONSEC. DAYS
$22,355
REPLACEMENT COST
$46,409
"OTHER EXCLUSIONS AND COVERAGE LIMITATION MAY APPLY."
2I PAGE
April 4, 2017 - Page 101 of 165
CHAMONIX VAIL- AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
COVERAGE SPECIFICATIONS 1 PROJECT SPECIFIC BUILDERS RISK - CONTINUED
ADDITIONAL INFORMATION (INCLUDED WITH BOTH DEDUCTIBLE OPTIONS):
• CONSTRUCTION FORMS AND SCAFFOLDING (INCLUDING THE RE -ASSEMBLING AND RE -ERECTING) $100,000
• VALUABLE PAPERS AND RECORDS -COST OF RESEARCH $100,000
• OUTDOOR TREES, SHRUBS, PLANTS AND LAWNS $100,000
• FIRE DEPARTMENT SERVICE CHARGE $100,000
• COST TO REFILL FIRE PROTECTION DEVICES UP TO $10,000 $25,000
• REWARDS $25,000
• FOUNDATIONS, EXCAVATIONS AND OTHER UNDERGROUND PROPERTY INCLUDED
• TEMPORARY STRUCTURES INCLUDING OFFICE TRAILERS, TOOL TRAILERS AND FENCING INCLUDED
• COVERAGE FOR ELECTRICAL, MECHANICAL, PNEUMATIC OR HYDROSTATIC TESTING, INCLUDED
• COLLAPSE COVERAGE INCLUDED
• No GLASS LIMITATIONS; NO THEFT RESTRICTIONS; NO MECHANICAL OR ELECTRICAL BREAKDOWN INCLUDED
• COVERAGE FOR RESULTING LOSS BY A COVERED CAUSE OF Loss CAUSED BY FAULTY DESIGN, FAULTY
WORKMANSHIP OR FAULTY MATERIALS INCLUDED
• RAIN, SNOW OR ICE SLEET AS COVERED CAUSE OF LOSS INCLUDED
• ORDINANCE OR LAW $1,000,000
• OCCUPANCY 60 DAYS
3I PAGE
April 4, 2017 - Page 102 of 165
CHAMONIX VAIL— AFFORDABLE HOUSING PROJECT 1 P OPO.SAL OF INSURANCE
Policy Incluucled in
COVERAGE SPECIFICATIONS 1 OCIP (OWNER CONTROLLED Ip NMIR,R R8FRATAnt
COMPANY:
A.M. BEST RATING:
STATUS:
RATING AND STATUS AS OF:
PROJECT / WORKSITE INFORMATION
2310 CHAMONIX ROAD
VAIL, CO 81657
ESTIMATED PROJECT TERM - 5/1/17 - 6/15/18
PROJECT OWNER - TOWN OF VAIL
PROJECT DEVELOPER -TRIUMPH DEVELOPMENT WEST, LLC
GENERAL CONTRACTOR — RA NELSON, LLC
PROJECT LIMITS OF COVERAGE
• EACH OCCURRENCE
• GENERAL AGGREGATE
• PRODUCTS/COMPLETED OPERATIONS
• PERSONAL INJURY/ADVERTISING
• MEDICAL PAYMENTS
DEDUCTIBLE:
DEFENSE:
EXTENDED COMPLETED OPERATIONS PERIOD -STATUTE OF REPOSE:
RATE:
MINIMUM EARNED PREMIUM:
UNITED SPECIALTY
A, VIII
NON —ADMITTED
8/25/2016
$2,000,000
$2,000,000
$2,000,000
$2,000,000
EXCLUDED
$25,000
WITHIN LIMITS
INCLUDED
$9.70 PER $1,000 OF
CONSTRUCTION COSTS
25%
TOTAL ESTIMATED PREMIUM (INCLUDED SURPLUS LINES TAX & POLICY FEE):
1
1
41
April 4, 2017 - Page 103 of 165
CHAMONIX VAIL— AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
COVERAGE SPECIFICATIONS 1 OCIP (OWNER CONTROLLED INSURANCE PROGRAM)
EXCLUSIONS INCLUDE BUT NOT LIMITED TO:
ENHANCEMENT ENDORSEMENT:
UNITED SPECIALTY li
NUCLEAR ENERGY LIABILITY
X
ASBESTOS
X
CROSS SUITS
X
LEAD
X
DRYWALL POLLUTANTS
X
EIFS
x
EMPLOYMENT RELATED PRACTICES
X
SILICA
X
TOTAL POLLUTION W/ HOSTILE FIRE EXCEPTION
X
FUNGI OR BACTERIA (MOLD)
X
REAL ESTATE AGENTS OR BROKERS
X
CONSTRUCTION MANAGEMENT ERRORS & OMISSIONS
X
PRIOR & ABANDONED WORK
X
HAZARDOUS MATERIALS
X
ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL SERVICES
X
CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE
X
PUNITIVE DAMAGES
X
ENHANCEMENT ENDORSEMENT:
51
April 4, 2017 - Page 104 of 165
UNITED SPECIALTY
ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC
STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU
X
ADDITIONAL INSURED - POLITICAL SUBDIVISIONS PERMITS OR
AUTHORIZATIONS
X
PRIMARY & NON CONTRIBUTORY
X
WAIVER OF SUBROGATION
X
51
April 4, 2017 - Page 104 of 165
CHAMONIX VAIL - AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
COVERAGE SPECIFICATIONS 1 OCIP (OWNER CONTROLLED INSURANCE PROGRAM) —
EXCESS 1ST LAYER ($5MM TOTAL LIMITS)
L
All
COMPANY:
A.M. BEST RATING:
STATUS:
RATING AND STATUS AS OF:
PROJECT / WORKSITE INFORMATION
2310 CHAMONIX ROAD
VAIL, CO 81657
ESTIMATED PROJECT TERM - 5/1/17-6/15/18
PROJECT OWNER - TOWN OF VAIL
PROJECT DEVELOPER -TRIUMPH DEVELOPMENT WEST,
LLC
GENERAL CONTRACTOR - RA NELSON, LLC
PROJECT LIMITS OF COVERAGE
• EACH OCCURRENCE
• GENERAL AGGREGATE
• PRODUCTS/COMPLETED OPERATIONS
UNDERLYING WW UNITED SPECIALTY:
RATE:
MINIMUM EARNED PREMIUM:
Policy Included in
Development Agreement
UNITED SPECIALTY
A, VIII
NON - ADMITTED
8/25/2016
$3,000,000
$3,000,000
$3,000,000
$2,000,000
$3.97 PER $1,000 OF CONSTRUCTION COSTS
25%
TOTAL ESTIMATED PREMIUM (INCLUDED SURPLUS
LINES TAX & POLICY FEE):
$62,315
L
61
April 4, 2017 - Page 105 of 165
CHAMONIXVAIL- AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
COVERAGE SPECIFICATIONS 1 OCIP (OWNER CONTROLLED INSURANCE PROGRAM) —
EXCESS 2ND LAYER Policy Included in
Development Agreement
COMPANY:
A.M. BEST RATING:
STATUS:
RATING AND STATUS AS OF:
PROJECT / WORKSITE INFORMATION
2310 CHAMONIX ROAD
VAIL, CO 81657
ESTIMATED PROJECT TERM - 5/1/17-6/15/18
PROJECT OWNER - TOWN OF VAIL
PROJECT DEVELOPER -TRIUMPH DEVELOPMENT WEST, LLC
GENERAL CONTRACTOR - RA NELSON, LLC
PROJECT LIMITS OF COVERAGE
• EACH OCCURRENCE
• GENERAL AGGREGATE
• PRODUCTS/COMPLETED OPERATIONS
UNDERLYING WW UNITED SPECIALTY:
RATE:
MINIMUM EARNED PREMIUM:
TOTAL ESTIMATED PREMIUM (INCLUDES SURPLUS LINES TAX ):
OPTION #1
HOUSTON CASUALTY
CO.
A++, XV
NON -ADMITTED
11/22/2016
$5,000,000
$5,000,000
$5,000,000
$3,000,000
$3.4105 PER $1,000
OF CONSTRUCTION
COSTS
100%
$51,500
I(
1
HOUSTON CASUALTY
Co.
A++, XV
NON -ADMITTED
11/22/2016
$7,000,000
$7,000,000
$7,000,000
$3,000,000
$4.0165 PER $1,000
OF CONSTRUCTION
COSTS
100%
$62,469
OPTION #3
1
USTON CASUALTY
Co.
A++, XV
NON - ADMITTED
11/22/2016
$10,000,000
$10,000,000
$10,000,000
$3,000,000
$4 9668 PER $1,000
OF CONSTRUCTION
COSTS
100%
$77,250
7I
April 4, 2017 - Page 106 of 165
CHAMONIX VAIL — AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
Policy Included in
COVERAGE SPECIFICATIONS 1 CONTRACTOR'S POLL ''i O }bg ilIC)
OPTION #1
OPTION #2
OPTION #3
COMPANY:
A.M. BEST RATING:
STATUS:
RATING AND STATUS AS OF:
PROJECT WORKSITE INFORMATION
2310 CHAMONIX ROAD
VAIL, CO 81657
ESTIMATED PROJECT TERM — 5/1/17-6/15/18
PROJECT OWNER — TOWN OF VAIL
PROJECT DEVELOPER — TRIUMPH DEVELOPMENT
WEST, LLC
GENERAL CONTRACTOR — RA NELSON, LLC
PROJECT LIMITS OF COVERAGE
• EACH OCCURRENCE
• GENERAL AGGREGATE
• SUDDEN & ACCIDENTAL
• NON OWNED DISPOSAL SITE
• MOLD
PRODUCTS -COMPLETED OPERATIONS EXTENSION:
DEDUCTIBLE:
DEFENSE (OUTSIDE LIMITS):
MINIMUM EARNED PREMIUM:
WESTCHESTER SURPLUS LINES
A++, XV
NON — ADMITTED
6/22/2016
$1MM
$1MM
$1MM
$5,000,000
$5,000,000
PER OCC/$2MM AGG
PER OCC/$2MM AGG
PER OCC/$1MM AGG
8 YEARS
$10,000
$1,000,000
25%
WESTCHESTER SURPLUS LINES
A++, XV
NON — ADMITTED
6/22/2016
$2,000,000
$2,000,000
$1MM PER occ/$2MM AGG
$1MM PER occ/$2MM AGG
$1MM PER occ/$1MM AGG
8 YEARS
$10,000
$1,000,000
25%
WESTCHESTER SURPLUS LINES
A++, XV
NON — ADMITTED
6/22/2016
$1MM
$1MM
$1MM
$1,000,000
$1,000,000
PER OCC/$2MM AGG
PER OCC/$2MM AGG
PER OCC/$1MM AGG
8 YEARS
$10,000
$1,000,000
25%
TOTAL ESTIMATED PREMIUM (INCLUDED SURPLUS
LINES TAX & POLICY FEE):
$20,870.89
$14,058.47
$11,249.66
ENDORSEMENTS:
}
EXCLUSIONS INCLUDE BUT NOT LIMITED TO:
ALL KNOWN OR REPORTED INCIDENTS
X
NUCLEAR HAZARD
X
SILICA
X
8I PAGE
April 4, 2017 - Page 107 of 165
WESTCHESTER
ADDITIONAL INSURED — PRIMARY & NON CONTRIBUTORY
X
ADDITIONAL INSURED— PRODUCTS -COMPLETED OPERATIONS
X
ADDITIONAL INSURED — PRODUCTS -COMPLETED OPERATIONS, PRIMARY & NON CONTRIBUTORY
X
WAIVER OF SUBROGATION
X
EXCLUSIONS INCLUDE BUT NOT LIMITED TO:
ALL KNOWN OR REPORTED INCIDENTS
X
NUCLEAR HAZARD
X
SILICA
X
8I PAGE
April 4, 2017 - Page 107 of 165
CHAMONIX VAIL — AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
PROGRAM SUMMARY
COVERAGE
PREMIUM
BUILDERS RISK
• $5,000 DEDUCTIBLE
$44,709
• $25,000 DEDUCTIBLE
$40,060
OCI P
• $2,000,000 LIMIT
$151,925
• $5,000,000 LIMIT
$214,240
• $10,000,000 LIMIT
$265,740
• $12,000,000 LIMIT
$276,709
• $15,000,000 LIMIT
$291,490
POLLUTION
• $1,000,000 LIMIT
$11,249.66
• $2,000,000 LIMIT
$14,058.47
• $5,000,000 LIMIT
$20,870,89
91
April 4, 2017 - Page 108 of 165
CHAMONIX VAIL — AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
APPENDIX — COVERAGE FORMS
UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VEN 017 00 (01/15)
CONSTRUCTION PROJECT ENDORSEMENT - OCIP
(Including Repair/Warranty Work)
This endorsement modifies Conditions provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Project Schedule
1. Name of Project:
2. Term of Project:
3. Description of Project:
4. Sponsor or Organizer of Project:
5. Location of Project
6. General Contractor
A. This policy applies only to "bodily injury", "property damage", and "personal and advertising injury" arising
out of the scheduled project described in the above Project Schedule.
B. "SECTION II — WHO IS AN INSURED" is amended to include the Sponsor or Organizer of this project,
the project Owner, the General Contractor, and those licensed subcontractors of every tier "enrolled" in the
Owner or Contractor Controlled Insurance Program for the Project shown above. Coverage under this
policy for all insureds is limited to, and only applies with respect to liability arising out of the Project shown
above.
C. Except with respect to the LIMITS OF INSURANCE, and any rights or duties specifically assigned in this
policy to the first Named Insured, this insurance applies:
1. As if each Named Insured were the only Named Insured; and
2. Separately to each insured against whom claim is made or "suit" is brought.
D. The following exclusion is added to SECTION I — COVERAGES, COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY:
This insurance does not apply to "property damage" to the project shown above or any part of the project
shown above that occurs during the course of construction. The project shown above or part of the project
shown above will be deemed to be within the course of construction until it satisfies the definition of
"products -completed operations hazard" as defined in this endorsement.
10 1 -
April 4, 2017 - Page 109 of 165
CHAMONIX VAIL — AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
APPENDIX — COVERAGE FORMS
E. The following changes are made to SECTION I — COVERAGES, COVERAGE A BODILY
INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions:
1. Exclusion j. Damage to Property - (1) does not apply to property that has received a certificate of
occupancy from the controlling public entity.
2. Exclusion j. Damage to Property — (2) is deleted in its entirety and replaced by the
following:
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises. This exclusion does not apply if the premises are "your work".
3. Exclusion k. Damage to your Product is deleted in its entirety and replaced by the
following:
"Property damage" to "your product" arising out of it or any part of it. This exclusion
does not apply if "your product" is, or is incorporated into, the project designated in the project
schedule of this endorsement.
4. Exclusion 1. Damage to your Work is deleted in its entirety.
F. SECTION III — LIMITS OF INSURANCE is amended as follows:
1. The following language is deleted in its entirety:
"The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and
to any remaining period of less than 12 months, starting with the beginning of the policy period shown
in the Declarations, unless the policy period is extended after issuance for an additional period of less
than 12 months. In that case, the additional period will be deemed part of the last preceding period for
purposes of determining the Limits of Insurance."
2. The Limits of Insurance shown on the Declarations are the most we will pay for all damages to which
this policy applies, regardless of the length of time this policy is in effect, or the number of claims or
suits brought against any or all insureds.
G. Paragraph 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS is deleted and replaced by the following:
This insurance is primary and non-contributory with respect to the project shown above, unless other
Commercial General Liability Insurance is written specifically to apply to the same project on a primary
basis, in which case this insurance will share in equal shares with that other insurance. Any other
Commercial General Liability Insurance maintained by the Named Insureds, "Enrolled" Contractors, and
Additional Insureds shall be excess and non-contributory.
H. SECTION V — DEFINITIONS, 16. "products -completed operations hazard" is deleted and replaced by the
following:
1. "Products -completed operations hazard" includes all "bodily injury" and "property damage" arising out
of "your product" or "your work" except:
a. Products that are still in your physical possession; or
April 4, 2017 - Page 110 of 165
CHAMONIX VAIL-AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
APPENDIX — COVERAGE FORMS
b. Work that has not been completed during the policy term.
2. "Your work" will be deemed completed at the earliest of the following times:
a. Completion and acceptance of the entire project shown above by all parties designated in its
construction agreement;
b. When all of the work to be done at the site where the "bodily injury" or "property damage"
occurred has been completed if the project shown above calls for work at more than one site;
c. When that part of the work done at the project shown above has been put to its intended use by any
person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as completed.
I. SECTION V — DEFINITIONS is amended by the addition of the following definitions:
23. "Enrolled" means the authorized participation in the Owner or Contractor Controlled Insurance
Program for the Project, as confirmed by and commencing at the earlier of the following:
a. The issuance of a certificate evidencing enrollment by or on behalf of the Sponsor or Organizer of the
Project; and/or
b. The signing of a written contract or agreement by a Named Insured (as described in part B of this
endorsement) for work that is part of the Project, if such contract or agreement stipulates enrollment.
24."Policy period" means the period of time from the Effective Date shown in the Declarations to the
earlier of the Expiration Date shown in the Declarations or if cancelled, the effective date of cancellation.
25. "Repair work" means the repair, correction or replacement of "your work" that is performed after the
time that "your work" is deemed completed as described in the subparagraph H. 2. of this endorsement
and pursuant to the requirements of an express warranty or guarantee provided by the insured, the
insured's customer service program, or statute authorizing or requiring such work.
J. LIMITED POLICY PERIOD EXTENSION. Insurance for "bodily injury" and "property damage" is
subject to Limited Policy Period Extensions as follows:
1. The policy period is extended for an additional period of time with respect to liability for "bodily
injury" or "property damage" arising out of "repair work". This coverage extension period shall
commence at the earlier of:
a. the date that "your work" is deemed completed as defined in subparagraph H.2. above; or
b. the Expiration Date shown in the Declarations of this policy.
This coverage extension period shall end as of the expiration of any express warranty or guarantee
provided by the insured or statutory time period for such "repair work". However, such extension shall
not exceed ten (10) years from the date of the commencement of the coverage extension period. Any
such express warranty or guarantee must be in effect prior to commencement of the "repair work", and
the "repair work" must be performed by a licensed contractor "enrolled" in the Project wrap-up or by
121 PAGE
April 4, 2017 - Page 111 of 165
CHAMONIX VAIL - AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
APPENDIX — COVERAGE FORMS
any other licensed contractor to which we consent, which consent shall not be unreasonably withheld.
Work must be performed during the "policy period" or the Limited Policy Period Extension.
2. Solely with respect to liability for "bodily injury" or "property damage" included in the "products -
completed operations hazard", the insurance provided by this policy is extended for an additional period
of time. This coverage extension will commence at the time that "your work" is deemed to be
completed, as described in subparagraph H.2. of this endorsement. The coverage extension period will
be equal to the applicable statute of repose or limitations for any claim or "suit" for such "bodily injury'
or "property damage" as provided by the controlling law of the jurisdiction where the claim or "suit" is
brought or filed. However such extension shall not exceed ten (10) years from the date "your work" is
completed as defined in subparagraph H.2. of this endorsement or ten (10) years from the expiration
date of this policy, whichever is earlier.
3. The LIMITS OF INSURANCE for the policy period continue to apply and are not separate or different
from, increased with respect to, or reinstated for, the extension periods referred to in Section J.1 or J.2
above.
4. If this policy is cancelled for any reason prior to the point in time that "your work" is deemed to be
complete (as described in subparagraph H.2. of this endorsement) then the extensions described herein
will not apply.
5. We may cancel the insurance provided by the coverage extension described herein if you fail to pay any
additional premium due to us as determined by a premium audit.
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain
unchanged.
131
April 4, 2017 - Page 112 of 165
CHAMONIX VAIL— AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
APPENDIX- BINDING SUBJECTIVITIES
OCIP (OWNER CONTROLLED INSURANCE PROGRAM)
UNITED SPECIALTY TERMS AND CONDITIONS
• SIGNED TRIA FORM - PRIOR TO BINDING
• CONFIRMATION THE INSURED WILL CONTRACT FOR WRAP ADMINISTRATION WITH AN APPROVED FIRM
• CONFIRMATION THE INSURED WILL CONTRACT A 3RD PARTY PEER REVIEW (QUALITY ASSURANCE)
INCLUDING PLAN REVIEW WITH AN APPROVED FIRM - 100% COVERAGE FOR ALL CRITICAL SYSTEMS
INCLUDING BUILDING ENVELOPE, MEP AND SOUNDPROOFING
• CONFIRMATION THAT THE INSURED WILL AUTHORIZE THE FIRMS HANDLING THE ABOVE REQUIREMENTS TO SHARE THEIR
FINDINGS AND REPORTS WITH THE INSURER
• CONSTRUCTION BUDGET
• CONFIRMATION THE CESARE, INC. WILL BE RETAINED TO PERFORM TESTING, OBSERVATION AND MONITORING SERVICES
DURING SITE AND FOUNDATION WORKS
• DETAILS OF WARRANTY PROVIDED BY CHAMPION
14IPAGE
April 4, 2017 - Page 113 of 165
CHAMONIX VAIL— AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
APPENDIX— BINDING SUBJECTIVITIES
OCIP (OWNER CONTROLLED INSURANCE PROGRAM) — 2ND EXCESS LAYER - (HOUSTON CASUALTY)
• PRIOR TO BINDING, SIGNED TERRORISM SELECTION FORM.
• PRIOR TO BINDING, WE MUST REVIEW AND APPROVE THE PROPOSAL FOR 3RD PARTY ENGINEERING SERVICES.
• PRIOR TO BINDING, WE NEED A SIGNED LETTER FROM THE GEOTECHNICAL ENGINEER STATING THAT THEY HAVE REVIEWED
THE FINAL CONSTRUCTION PLANS AND THEY FIND THE PLANS ACCEPTABLE FOR THE SITE CONDITIONS.
• PRIOR TO BINDING, WE NEED A SIGNED LETTER FROM THE GENERAL CONTRACTOR STATING THAT THEY WILL COMPLY WITH
ALL THE WRITTEN RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER
• A Risk Review must be conducted within 90 days of binding coverage. You must contact
one of the following firms to conduct the risk review and a copy of the completed report
must be sent to TMHCC within 90 days of policy inception. The cost of the risk review is
paid by the insured.
1. Development Solutions & Services: Dorna Brown 818-591-0330 x 101
2. Paladin Risk Management: Sandy Greenstein 888-240-4431 ex 2
3. Steele Risk Services LLC: Steve Steele 206-860-6011
4. Wrap -Up Resources, LLC: Paula Newton 415-788-9511
5. LJP (La Jolla Pacific): M -L McKinley de Vance 949-336-8903
6. Wrap Up Insurance Solutions: Brian Billhartz 636-489-0185
• Prior to the start of construction the Insured must contract with an approved provider for
3rd Party Engineering Services to be performed during the course of construction. We
require 100% inspection for all condo or townhome construction and at least 50%
inspection for single family homes. Prior to binding, we must review and approve the
proposal for 3rd party engineering services. The cost of the service is paid by the
insured. As a condition of coverage, we require receipt of the complete 3r1 party
documentation upon completion of the project. Approved providers include:
1. LJP (LaJolla Pacific): M -L McKinley de Vance 949-336-8903
2. Development Solutions & Services: Charlie Bates 818-591-0330 x 106
3. Quality Built: Beth Michaels 954-385-3503
• Insured must contract with one of the following providers to perform Contractor
Enrollment. The cost of the enrollment is paid by the insured. HCC must be provided
with a complete copy of the enrollment document upon completion of the project.
1. Development Solutions & Services: Dorna Brown 818-591-0330 x 101
2. Paladin Risk Management: Sandy Greenstein 888-240-4431 ex 2
3. Steele Risk Services LLC: Steve Steele 206-860-6011
4. Wrap -Up Resources, LLC: Paula Newton 415-788-9511
5. Wrap Up Insurance Solutions: Brian Billhartz 636-489-0185
• Trades not allowed to be enrolled in the wrap-up: environmental remediation contractors
and architects and engineers
151 'AGE
April 4, 2017 - Page 114 of 165
CHAMONIX VAIL- AFFORDABLE HOUSING PROJECT 1 PROPOSAL OF INSURANCE
APPENDIX— BINDING SUBJECTIVITIES
POLLUTION
• A CURRENTLY COMPLETED, SIGNED AND DATED WESTCHESTER ENVIRONMENTAL APPLICATION.
• TWO (2) YEARS OF FINANCIAL STATEMENTS FOR THE MOST RECENTLY COMPLETED FISCAL YEARS, INCLUDING A BALANCE
SHEET AND AN INCOME STATEMENT FOR THE FIRST NAMED INSURED'S PARENT COMPANY.
• COPY OF THE INDEX PAGE FROM THE INSURED'S HEALTH & SAFETY PLAN.
16IPAGE
April 4, 2017 - Page 115 of 165
TOWN Of UAJL
VAILTOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 2, Series 2017, First Reading, Ordinance making
budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer
Tax Fund, and Heavy Equipment Fund of the 2017 Budget for the Town of Vail, Colorado and
authorizing the said adjustments as set forth herein; and setting forth details in regard thereto
PRESENTER(S): Carlie Smith, Budget Analyst
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No,
2, Series 2017
BACKGROUND: Please see attached memo
STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No, 2, Series
2017
ATTACHMENTS:
Description
Supp1 1st 2017
April 4, 2017 - Page 116 of 165
TOWN OF VAIL:
Memorandum
TO: Vail Town Council
FROM: Finance Department
DATE: April 4, 2017
SUBJECT: 2016 Results and 2017 Supplemental Appropriation
I. SUMMARY
The completion of the 2016 financials sets the stage for this supplemental appropriation of 2017
with the identification of capital projects that span more than one year and need to have funding
re -appropriated to the current year. In Tuesday evening's session, you will be asked to approve
the first reading of Ordinance No. 2 making supplemental appropriations and adjustments to the
2017 budget. The following information is provided for your review:
• Summary of Revenue, Expenditures, and Changes in Fund Balances — 2016 Actual
Compared with Amended Budget and 2017 including the proposed supplemental
appropriation
• Ordinance No. 2, Series 2017
II. DISCUSSION
2016 RESULTS
Across all funds, total revenue of $67.5 million was down 0.7% from 2015. While the town
experienced increases in sales tax collections, parking revenues, property tax and lift tax
collections, these increases were offset by large decreases in construction -related revenues
such as Construction Use Tax, permits, and plan check fees. 2015 had significant revenue
collections from Targe projects such as the Lion and the Vail Valley Medical Center.
Sales tax collections began to see a leveling off compared to prior year increases but still
reached $25.7 million, a 2.5% increase over 2015. During the year, sales tax collections had a
slow start with increases of 1.4% to finish out the 2015/16 ski season, while the summer months
sales tax collections showed a solid increase of 7.8% from May through October. Winter of
2016-17 has started off slow with an overall decrease of 2.9% through February. A significant
contributor to the lackluster performance of sales tax collections is the longer -than -anticipated
closures of lodging properties such as the Roost Lodge, Holiday Inn and Vail Cascade. These
closures resulted in a loss of approximately $600,000 in sales tax collections throughout 2016,
or 2.4% of annual sales tax revenues. Without those closures, the town would have
experienced a 4.7% increase in 2016 from the prior year.
April 4, 2017 - Page 117 of 165
Real estate transfer tax collections in 2016 of $6.8 million decreased slightly from prior year by
1.8%. During the year collections were pacing well below prior year but caught up in the fourth
quarter with the sale of the Four Seasons and other high end real estate sales.
During 2016 overall construction activity declined from both 2014 and 2015, when large projects
such as the Vail Valley Medical Center and Lion came in. Construction Use Tax decreased by
20%. Other related construction fees such as permits, plan check fees also decreased by 20%.
Ski Lift tax collections reached over $5.0 million for the first time, an increase of 5.7% from prior
year due to the start of the 2015/2016 winter season as well as the addition of Epic Discovery
on Vail Mountain during the summer.
Parking revenue also had a record year with collections of $5.2 million, an increase of 5.7%
compared to 2015. Parking collections have not exceeded $5.0 million since 2010.
2016 net expenditures totaled $65.0 million compared to $95.5 million budgeted. Of the
$30.5 million variance, $20.3 million is requested for re -appropriation for capital projects
currently underway. The remaining savings of $10.2 million is outlined in the below chart:
Fund
Savings
Reason
General Fund
$ 2.4M
Staffing vacancies of $612K, overtime and benefits
savings of $104K and $548K, respectively.
Operational savings of $1.2M were made up of
various items but the largest savings were in
professional fees ($309K), utilities ($239K), planning
projects ($80K) and equipment repair and
maintenance($88K)
Capital Projects Fund
$ 6.1 M
Delay of municipal remodel $6M; bus camera system
$50K; Buzzard Park window replacement $40K; bus
wash equipment $13K.
Real Estate Transfer Tax
Fund
$ 679K
Annual operations of the parks department, forest
health and environmental sustainability saved
$400K; Chalet Road Sport Courts $279K
Dispatch Service Fund
$ 212K
Operational savings and staffing vacancies
Health Insurance Fund
$ 749K
Savings in annual health claims, which helps to
offset the three years of high-level claims experience
in 2010 - 2012
Heavy Equipment Fund
$ 133K
Savings mainly due to fuel prices $75K and large
equipment purchases $58K.
-2
April 4, 2017 - Page 118 of 165
Overall the General Fund experienced an increase to fund balance of $3.7 million, for a total of
$27.3 million, or 71 % of annual revenues.
2017 SUPPLEMENTAL APPROPRIATION
The main purpose of this supplemental is to re -appropriate funds for 2017 capital projects that
were started in 2016 and are continuing into this year, or projects that did not begin as planned
in 2016. There are also adjustments needed to reflect events or decisions that occurred after
the 2017 budget was finalized.
General Fund
General Fund expenditures are proposed to increase by $185,764:
• A total of $100,000 was approved by Council for premier level concert talent for "Spring
Back to Vail".
• $40,000 for Town Manager recruitment expenses including candidate travel, conference
space, advertising, and fees to Strategic Government Resources (SGR).
• $3,500 for employee mileage reimbursements for the Sole Power Program.
• $4,240 to prepay a current online library database(Mango) in order to obtain a
discounted three year subscription
• $28,064 special homeowner association assessment for capital reserves and stucco
repair at the Vail Village Inn Phase V unit.
• $9,960 increase in dues for the Vail Village Inn Phase V unit (3 quarters' worth)
The above adjustments to the General Fund 2017 budget result in an estimated fund balance of
$28.3 million by the end of 2017, or 73% of annual revenues.
Capital Projects Fund
Budgeted revenue will be adjusted by a total increase of $732,500. This includes a $704,000
CDOT grant for bus replacements and $28,500 for annual interest paid from the Timber Ridge
Fund relating to a $1.9M loan from the town from past mold remediation.
Staff is requesting to supplement 2017 expenditures by a total of $32.5 million, of which $14.3
million represents projects budgeted in 2016 but not yet completed such as the Guest Service
Enhancements/Wayfinding project, , 1-70 Underpass project, renovation of the East Vail Fire
Station, bus replacements, data center relocation, replacement of a generator at the Vail Village
Parking Structure, continuation of Neighborhood Road and Bridge reconstruction projects, and
energy enhancement programs. Also included is an increase to the Buy -Down Program budget
for net new employee housing that is adjusted annually to reflect revenue generated from
Employee Housing Fee -in Lieu collected the prior year. During 2016, the town collected
$505,277 in fees -in -lieu, so a corresponding increase to the Buy -Down Program expenditure
budget is included in this supplemental request to track the available funds for that program.
Staff is requesting to utilize 2016 savings for the following projects:
• $54,180 facility capital maintenance savings is requested to be utilized in the renovation
of the Town Manager residence.
• $122,830 capital street maintenance savings is requested to be re -appropriated for
pedestrian safety enhancements.
Additional funding requests include the following:
• $16,200 for a back up parking sales desktop coder
• $17.7 million to fund construction of the Chamonix Affordable Housing project
-3-
April 4, 2017 - Page 119 of 165
Staff has moved $6.0 million out of the 2017 budget for a municipal complex remodel, which will
be reflected in the 2018 budget.
Transfer of funds from the Vail Reinvestment Authority shows an increase of $991,912 to reflect
1-70 underpass construction and art rollover from prior year.
All of the above adjustments will result in an estimated fund balance of $5.6 million by the end of
2017.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will increase by a total of $216,895 to be offset by corresponding
expenditures. This includes utilizing $5,770 of unused 2016 Sole Power donations for 2017
program funding, $135,125 state grant funding for mitigating water runoff from the roofs at
Public Works, and $56,000 in contributions from Eagle County ($20K) and the Nature
Conservatory ($36K) for the Intermountain Fuels Reduction project.
Staff is requesting to re -appropriate $6.0 million of expenditures relating to projects budgeted in
2016 but not yet completed such as Tree Maintenance, Chalet Road Sport Courts, Vail Golf and
Nordic Center, Ford Park Portal improvements, Donovan Park improvements, Booth Creek Park
redevelopment, and continued streambank and water quality infrastructure projects.
All of the above adjustments will result in an estimated fund balance of $3.7 million.
Additional funding requests proposed by Public Works in tonight's meeting are as follows:
• $375,000 to move forward design funds previously budgeted in 2018/2019 for South
Frontage Road improvements in conjunction with VVMC
• $50,000 to complete the undergrounding of power lines for the Gore Valley Trail
connection
If approved, these requests will be included in the 2nd supplemental reading on May 2nd.
Heavy Equipment Fund
Budgeted expenditures are requested to increase by $10,000 for annual operating fees charged
by the county for the additional radios requested in the Capital Projects Fund.
- 4
April 4, 2017 - Page 120 of 165
Revenue
Local Taxes:
Sales Tax Split b/t Gen'I Fund & Capital Fund
Sales Tax
Property and Ownership
Ski Lift Tax
Franchise Fees, Penalties, and Other Taxes
Licenses & Permits
Intergovernmental Revenue
Transportation Centers
Charges for Services
Fines & Forfeitures
Earnings on Investments
Rental Revenue
Mises
Total Revenue
Expenditures
Salaries
Benefits
Subtotal Compensation and Benefits
Contributions and Special Events
All Other Operating Expenses
Heavy Equipment Operating Charges
Heavy Equipment Replacement Charges
Dispatch Services
Total Expenditures
% increase vs. prior year
Revenue Over (Under) Expenditures
Castle Peak Senior Care Facility
Transfer to Dispatch Services Fund
Revenue Net of Transfers & New Programs
Beginning Fund Balance
Ending Fund Balance
As % of Annual Revenue
2016
Amended
TOWN OF VAIL 2017 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
(Unaudited)
2016 Variance
Actual Fav/(Unfav)
2017
Original
Budget
1st
Supplemental
2017
Amended
4.5%
$ 25,588,000 $ 25,763,244 $
62/38 62/38
15, 865, 000 15, 865, 000
4,913,000 4,911,842
4,728,000 5,032,970
1,181,159 1,162,201
1,594,254 1,672,683
2,021,392 2,065,278
4,225,000 5,230,062
1,003,536 1,008,082
250,942 214,258
160,000 83,624
990,556 1,019,509
249,839 184,969
37,182,678 38,450,478
2%
175,244 $ 26,100,000
62/38
16,182,000
(1,158) 4,891,307
304,970 4,964,400
(18,958) 1,115,065
78,429 1,623,098
43,886 2,010,781
1,005,062 5,155,000
4,546 1,028,870
(36,684) 249,171
(76,376) 120,000
28,953 1,013,838
(64,870) 161,000
1,267,800 38,514,530
$ 26,100,000
16,182,000
4,891,307
4,964,400
1,115,065
1,623,098
2,010,781
5,155,000
1,028,870
249,171
120,000
1,013,838
161,000
38,514,530
16,946,171 16,275,138
6,257,581 5,709,260
23,203,752 21,984,398
2,392,694 2,284,556
671,033 17,823,455
548,321 6,170,004
1,219,354 23,993,459
3.4%
17,823,455
6,170,004
23,993,459
108,138 2,047,399 100,000 2,147,399 Addition to Spring Back to Vail funding as approved by Council
$40K Town Manger recruitment fees including SGR fees, candidate travel,
conference space, and advertisement; $3.5K Sole Power employee
8,036,766 6,809,107 1,227,659 7,680,184 85,764 7,765,948 mileage reimbursements; $28K special assessment fee for Vail Village Inn
Phase V unit; $4.2K three year subsription for library database; $10K 3
month increase in annual dues for Vail Village Inn
2,221,467 2,419,280
618,120 562,172
663,214 663,214
37,136,013 34,722,727
(197,813)
55,948
2,413,286
2,303,300
668,654
663,307
37,356,303
2,303,300
668,654
663,307
185,764 37,542,067
46,665 3,727,751
3,681,086 1,158,227
972,463
(50,000) (50,000)
(3,335) 3,677,751 3,681,086
23,622,509 23,622,509
$ 23,619,174 $ 27,300,260
1,158,227
23,619,174
$ 24,777,401
972,463
27,300,260
$ 28,272,723
64%
71%
64%
5
73%
April 4, 2017 - Page 121 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Revenue
4.5%
2%
1%
Total Sales Tax Revenue:
$ 25,588,000
$ 25,763,244
$ 175,244
$ 26,100,000
$ 26,100,000
2017 proposed at a 2% increase from 2016 amended; then 2% each year
Sales Tax Split between General Fund & Capital Fund
62/38
60/40
62/38
60/40
Sales Tax - Capital Projects Fund
$ 9,723,000
$ 10,223,952
$ 500,952
$ 9,918,000
$ 9,918,000
38% to CPF
Use Tax
1,545,000
1,688,841
143,841
1,545,000
$ 1,545,000
2017 flat with 2016; no new major redevelopments assumed
Federal Grant Revenue
544,800
26,786
(518,014)
-
$ -
2015-2016: Bridges at Nugget Lane and Bridge Rd
Other State Revenue
123,603
124,069
466
-
$ 704,000
$ 159,135
Bus Grant awarded from CDOT
Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)
Lease Revenue
159,135
159,135
-
159,135
Employee Housing Fee -In -Lieu
-
505,277
505,277
-
Recognize YTD collections
Project Reimbursement
275,252
299,595
24,343
65,000
$ 65,000
2017: $65K per year revenue share agreement with Resort App; 2016: $16.8K VRD reimbursement for phone system
fees; $230,000 underground utility project;
Timber Ridge Loan repayment
461,065
491,793
30,728
463,252
28,500 $ 491,752
$28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge Fund
Earnings on Investments and Other
149,281
58,782
(90,499)
113,588
$ 113,588
0.7% rate assumed on available fund balance
Total Revenue
12,981,136
13,578,230
597,094
12,263,975
732,500
12,996,475
Expenditures
Maintain Town Assets
Bus Shelters
50,000
9,388
40,612
50,000
40,612
90,612
Annual maintenance; Re -appropriate for repairs to Spruce Way bus shelter and lights
Parking Structures
703,000
546,174
156,826
690,000
156,826
846,826
Re -appropriate to complete VTRC elevator upgrades; Various repairs including deck topping replacement, expansion
joint repairs, ventilation, HVAC, plumbing and other structural repairs
Traffic Impact Fee and Transportation Master Plan Updates
150,000
88,764
61,236
-
61,236
61,236
2016/2017: Continuation of Update of Traffic Impact Fees: $65K; Transportation Master Plan: $85K
Facilities Capital Maintenance
341,125
286,945
54,180
582,625
54,180
636,805
Re -appropriate 2016 savings for updates to Town Manager residence; 2017: Includes Community Development
Conference room furniture ($18K), remodel of lockers and restroom at Vail Transit Center ($100K) and roof for PD
building (pending municipal renovation) ($100K).
Donovan Park Pavilion
5,000
-
5,000
5,000
5,000
10,000
Re -appropriate Annual $5K Maintenance to repair HVAC
Street Light Improvements
202,192
136,935
65,257
50,000
65,257
115,257
Annual maintenance to street lights; LED light enhancements
Use of 2016 savings ($122.8K) for pedestrian safety improvements- see corresponding in pedestrian safety
project; On-going maintenance to roads and bridges including asphalt overlays, patching and repairs;
Major Bridge Repair Projects based on bi-annual bridge inspection
Capital Street Maintenance
1,290,000
1,167,170
122,830
1,320,000
347,497
1,320,000
West Forest Bridge Repair
350,000
2,503
347,497
-
347,497
Kinnickinnick (West) Bridge Repair
Radio Replacement
Town -wide camera system
350,000
8,363
341,637
-
341,637
341,637
Major Bridge Repair Projects based on bi-annual bridge inspection
Additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF.
2017-2019 replace Bosch system(30 cameras); 2016 included $22K for replacement of cameras and equipment;
Recorders cost $7-8K each; cameras range from $800 - $3,800 each
-
-
--
18,900
70,000
22,000
21,390
610
70,000
Audio -Visual capital maintenance
18,000
18,000
84,000
84,000
Audio visual, phone and IT equipment for an EOC at the West Vail Fire Station - funded by a NWCOG grant listed
above
Document Imaging
30,000
27,416
2,584
43,000
43,000
Annual maintenance, software licensing, and replacement schedule for scanners and servers. 2017: $22K for 25
Laserfiche licenses, $21K for annual maintenance
Software Licensing
51,000
50,731
269
56,000
56,000
Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to
additional software products
Police Taser Replacement
31,849
29,920
1,929
-
-
To replace outdated equipment purchased in 2007
Police Training Mgmt. software
-
-
-
5,395
5,395
PeACEq training mgmt. software to track training and employee evaluations
Automated External Defibrillator
9,870
9,870
-
-
-
2016: To add defibrillator to remaining police cars
Public Safety ID Card Printer
8,740
8,705
35
Requesting printer specific to the "Salamander" software shared with regional agencies; Allows easy tracking of all
resources on large events or incidents with the badges & barcodes printed
Police Body Worn Cameras
69,585
62,258
7,327
For the purchase of 20 cameras for sworn officers, software licenses ($23.7K) plus server hardware ($15K) for the
purposes of storing data
6
April 4, 2017 - Page 122 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Hardware Purchases
150,000
143,002
6,998
175,000
175,000
2017: $120K PC and laptop replacements (150-175 total); $55K Omnicube at Fire Station3; Scheduled rotation of PCs,
printers and servers
Data Center (Computer Rooms)
1,000,000
120,964
879,036
15,000
879,036
894,036
2017: Increase includes remodel / retrofit of upper and lower computer rooms ( power, heating / cooling, fire
suppression). Possible relocation into a combined room offsite is being explored.
Website and e-commerce
12,000
6,698
5,302
12,000
12,000
Internet security & application interfaces; website maintenance; includes $550/month for web hosting svcs
Fiber Optics / Cabling Systems in Buildings
26,600
25,682
918
15,000
15,000
Repair, maintain & upgrade cabling/network Infrastructure
Network upgrades
30,000
27,745
2,255
30,000
30,000
Computer network systems - replacement cycle every 3-5 years; 2015, 2020 replacement of switches and routers
Phone System Upgrade
70,652
47,797
22,855
60,000
22,855
82,855
2017: IPO Phone system replacement ($40K), normal replacement of (pads, (phones $20K
Public Wi-Fi Systems
-
-
-
-
Upgrade/replace public Wi-Fi system initially installed by Crown Castle
Business Systems Replacement
44,079
43,573
506
-
-
Community Development permitting software project
Public Safety System
50,000
48,146
1,854
250,000
250,000
Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and
fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph
software maintenance; 2017: WebRMS upgrade ($150K), Dispatch remodel console replacement ($16K), Fire and
police mobile data computer replacement ($24K), Audio Visual EPC ($10K)
Transit Center Generator
191,200
163,538
27,662
27,662
27,662
Re -appropriate to complete the replacement of generator at the Vail Village transit center; includes testing and
connecting elevator to generator service.
Police E -ticketing system
151,024
98,572
52,452
Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court
system
Generator for East Vail Fire Station
50,000
39,710
10,290
-
10,290
10,290
Re -appropriate to complete replacment outdated generator at Station 1
Portable vehicle lift
55,000
39,342
15,658
-
15,658
15,658
Re -appropriate for replacement lift to service vehicles in fleet; current lift is 30 years old
Vehicle Expansion
355,000
141,480
213,520
746,500
746,500
2017: Snowplow ($21 OK), Loader with plow($290K) , sweeper broom for loader ($25K); 2016: 4 flatbed pick up trucks for
Streets crews, Electricians, Irrigation crew, and Wildland Fire, Truck with end dump loader($210)
Total Maintenance
5,867,916
3,420,781
2,447,135
4,259,520
2,046,646
6,306,166
Enhancement of Town Assets
Guest Services Enhancements/Wayfinding
1,077,624
121,510
956,114
-
956,114
956,114
Re -appropriate for continuation of Guest Service / Wayfinding enhancements outside of VRA district
East Vail Fire Station
3,569,130
2,730,902
838,228
-
838,228
838,228
Re -appropriate to complete the Renovation of East Vail fire station (Final bill payment)
Energy Enhancements
92,900
-
92,900
-
92,900
92,900
Implementation of energy audit enhancements; includes LED lighting project with shared cost of $170K from Holy Cross
East Lionshead Circle Vantage Point Walk (VRA)
-
-
-
185,000
185,000
Improvements to Vantage Point walkway as requested by Vantage Point
Pedestrian Safety Enhancements
410,000
410,000
135,000
MrSavings
122,830 257,830
1
from capital street maintenance to be used towards pedestrian safety enhancements; 2016: $410K for
Phase I of pedestrian safety enhancements; Phase I includes W. Lionshead Circle, municipal crosswalk, West Vat mall
crosswalk, Main and West Vat roundabouts; 2017: Phase H- Vail Valley Drive and Glen Lyon Crosswalk sign and
lighting; 2018: Lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16
Fire Equipment
16,000
15,935
65
-
-
2016 $16K for fire hose replacement
Library Self -Check System Updates
-
-
-
18,000
18,000
Library replacement kiosk and security gate replacement
Chamonix-TOV
1,795,013
1,032,465
762,548
-
762,548
762,548
Chamonix-TOV
East Meadow Drive Snowmelt
800,000
800,000
Snowmelt major repairs from Solaris to Austria House/Covered Bride area to be done at same time as the Slifer Plaza
construction. This includes paver removal, snowmelt, asphalt replacements with concrete pavers
Slifer Plaza/ Fountain/Storm Sewer
150,000
44,679
105,321
1,350,000
105,321
1,455,321
Repairs to Silfer Plaza fountain and storm sewers
Neighborhood Road Reconstruction
79,006
18,516
60,490
60,490
60,490
2017: Continuation of 2015/2016 shared drainage project with ERWSD on Rockledge Rd/Frontage Rd; East Vail
road reconstruction design in 2018, Phase I in 2019, Phase II in 2020, Phase III was eliminated.
Neighborhood Bridge Reconstruction
503,412
117,804
385,608
1,000,000
385,608
1,385,608
Nugget Lane and Bridge design in 2015-2016 and construction in 2017-2018. Partial Funding is from Federal grants
7
April 4, 2017 - Page 123 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Lionshead Parking Structure Landscape Renovations (VRA)
-
-
-
100,000
100,000
Improvements to parking structure landscaping
Fire Breathing Apparatus
46,603
45,000
1,603
298,000
298,000
Replacement of all (30) cylinders/compressors purchased in 2007; Updated model addresses safety issues that have
been identified in the current model, such as failure in high temperature environments; New units would also allow
interoperability with surrounding departments who have gone to this updated unit type. Original budget increased by
$23K
Colorado Ski Museum renovation
500,000
-
500,000
-
500,000
500,000
Placeholder for town contribution toward expansion and remodel of Colorado Ski Museum
Backup parking sales desktop coder for parking passes; 2017: East Betty Ford Way remote access parking
equipment for the ADA gate to operate remote
Replacement of fingerprinting equipment and system. Current equipment is outdated and is not able to interface with
recently upgraded Intergraph system or state system.
Parking Entry System / Equipment
-
-
-
18,000
34,200
LiveScan Fingerprint Equipment/System
Bus Camera System
54,358
4,050
50,308
-
-
Installation of software and cameras in buses
Hybrid Bus Battery Replacement
431,772
431,772
431,772
431,772
Scheduled replacement; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not
been needed as of yet
Replace Buses
3,524,000
4,000
3,520,000
3,083,500
3,520,000
6,603,500
2017: 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus); 2016: 8 buses
scheduled for replacement ($440.5K per bus)
Bus Wash Equipment
250,000
236,911
13,089
-
-
2016: new bus wash equipment
Buzzard Park Window Replacement
175,000
134,963
40,037
-
-
Replace windows at town -owned employee housing
Resort App
65,000
65,000
-
65,000
65,000
Town "Resort App" mobile application annual fee; offset by revenue sharing agreement
Public Works Shops & Maintenance Buildings
-
-
-
150,000
150,000
2017:Public Works shops heater replacements ($150K each in 2017 and 2018)
Public Works Equipment Wash Down/WQ Improvements
250,000
3,033
246,967
246,967
246,967
Exterior wash area for large trucks not safe in the winter; also includes improvement to how the waste water is
disposed
Total Enhancements
12,989,818
4,984,768
8,005,050
7,202,500
8,038,978
15,241,478
New Assets
359,330
17,728,000
638,587
Municipal Redevelopment
6,475,770
116,440
6,359,330
359,330
$359K for planning of possible future municipal building redevelopment; $6M was moved forward in the 5 year
capital plan to 2018 as a placeholder for a significant remodel should a complete reconstruction occur.
Chamonix Housing Development
-
-
-
-
17,728,000
Construction of future housing development
1-70 Underpass (VRA)
3,682,437
3,043,851
638,586
3,250,000
3,888,587
2015-2017 is the town's portion of this project since we were awarded RAMP funding from CDOT and includes
the budget increase approved by both Council and CDOT
Public Art (VRA)
330,000
176,675
153,325
-
153,325
153,325
1-70 Underpass art project originally budgeted in 2018
East LH Circle pathway to Dobson (VRA)
100,000
100,000
100,000
100,000
Planning and Design for project to Improve connection from the E LionsHead bus stop to Dobson originally
scheduled in 2016; Project is delayed until 2017/2018 pending master plan revision
Dobson Plaza (VRA)
100,000
100,000
100,000
100,000
Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning/design
originally scheduled in 2016 was delayed until 2017/2018 pending master plan revision
Buy -down Program(Affordable Housing)
227,094
227,094
500,000
500,000
Placeholder for deed Restriction purchase program based on Affordable Housing Strategic Plan- contingent upon council
approval of program policies and implementation plan
Buy -down Program Funded by Pay -in-Lieu
2,816,230
209,025
2,607,205
-
3,112,482
3,112,482
Carry forward current balance of program funding: Housing funded directly by Pay -in -Lieu fees collected from
developers; Request to use toward the deed restriction purchase program pending approval of program
policies; Includes revenue collected in 2016 ($505,277)
Underground Utility improvements
230,000
-
230,000
-
230,000
230,000
Appropriate for Rockledge Road, $50K; 1-70 Underpass (CDOT $105 & Holy Cross $75K)
Total New Assets:
13,961,531
3,773,085
10,188,446
3,750,000
22,421,724
26,171,724
Total Expenditures
32,819,265
12,178,634
20,640,631
15,212,020
32,507,348
47,719,368
Other Financing Sources (Uses)
8
April 4, 2017 - Page 124 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
----
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Transfer from Vail Reinvestment Authority
4,327,437
3,251,399
(1,076,038)
3,585,000
991,912
4,376,912
2016: 1-70 Underpass ($3M); $177K public art; $31 K for Lionshead parking expansion joints ; 2017: 1-70 Underpass,
Lionshead parking structure landscape improvements and Vantage Point Walk; LH Circle pathway to Dobson ($100K);
Dobson Plaza ($100K)
Revenue Over (Under) Expenditures
(15,510,692)
4,650,995
636,955
(30,345,981)
Beginning Fund Balance
31,339,419
31,339,419
15,828,727
35,990,414
Ending Fund Balance
15,828,727
35,990,414
16,465,682
5,644,433
9
April 4, 2017 - Page 125 of 165
10
April 4, 2017 - Page 126 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Revenue
Real Estate Transfer Tax
6,500,000
6,843,355
343,355
5,850,000
5,850,000
2017 is a 10% decrease from 2016 budget and a 3.8% decrease from 2015 actuals.
Golf Course Lease
137,347
137,347
140,094
140,094
Annual lease payment from Vail Recreation District 2% annual increase - deposited to
"Recreation Enhancement Account" (accompanying expenditure listed below)
Intergovernmental Revenue
28,500
29,658
1,158
720,000
i
155,125
56,000
5,770
875,125
$135K State funding for water mitigation for PW runoff- See corresponding
expenditure below; $20K Lottery fund proceeds; 2017 $700K CDOT TAP Grant for water
quality improvements at East Vail Interchange, Eagle County contribution for Intermountain
Fuels project- see corresponding expenditure below,
Project Reimbursements
1,333,198
1,262,891
(70,307)
-
56,000
2017: Contribution from the Nature Conservatory($36K) and Eagle County($20K) for
Intermountain Fuels project- See corresponding expenditure below; 2016: VVF loan
repayment for amphitheater ($1.122M);
Donations
6,000
33,439
27,439
5,770
Use of $5.7K Sole Power Donations received in 2016
Recreation Amenity Fees
10,000
8,488
(1,512)
10,000
10,000
Earnings on Investments and Other
28,861
82,157
53,296
30,964
30,964
0.7% rate assumed
Total Revenue
8,043,906
8,397,334
353,428
6,751,058
216,895
6,967,953
Expenditures
Maintain Town Assets
Annual Park and Landscape Maintenance
1,605,100
1,329,863
275,237
1,577,134
1,577,134
Ongoing path, park and open space maintenance, project mgmt.; 2017 added 0.5 FTE for
turf & irrigation due to estimated increase in park maintenance for Booth Creek Park and I-
70 underpass medians
Management Fee to General Fund (5%)
325,000
342,168
(17,168)
292,500
292,500
5% of RETT Collections - fee remitted to the General Fund for administration
Tree Maintenance
65,000
45,730
19,270
65,000
19,270
84,270
Utilize 2016 savings for tree removal project along Gore Creek in 2017; Regular
maintenance for tree health within the town (spraying, removing, new trees); scale
spraying on town -owned property at approx. $120 per tree; Initiating tree -planting
program for lost trees; Will use savings in 2016 to fund additional 2017 work
Forest Health Management
258,738
201,638
57,100
268,655
268,655
Operating budget for Wildland Fire crew; 2017 increase for replacement of 1 radio ($4.5K)
and new wildland hose ($4K)
Intermountain Fuels Reduction
63,700
63,700
-
677,656
_
56,000 733,656
J
$56K contribution from Eagle County($20K) and Nature Conservatory($36K)- See
corresponding contribution above; 2017: $677.7K for Phase II as approved by Council;
.2016 included $63.7K for Phase I of Intermountain Fuels Reduction Project;
Street Furniture Replacement
77,033
69,445
7,588
50,000
7,588
57,588
Utilize 2016 savings for additional benches and bike rack replacements; '2016
increased for recycling containers; also includes annual replacement or capital
repairs, benches and bike racks
Rec. Path Capital Maint
104,000
9,589
94,411
109,724
94,411
119,313
Re -appropriate for improvements on Gore Creek trail; Capital maintenance of the
town's recreation path system
Park / Playground Capital Maintenance
104,981
104,981
-
83,025
83,025
Annual maintenance items include projects such as playground surface refurbishing,
replacing bear -proof trash cans, painting/staining of play structures, picnic shelter
additions/repairs, and fence maintenance
10
April 4, 2017 - Page 126 of 165
11
April 4, 2017 - Page 127 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Alpine Garden Support
69,010
69,010
69,700
69,700
Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow
town's general operating annual increase
Alpine Garden - Fountains
-
-
-
30,000
30,000
Contribution request for assistance with repairs to water fountains
Eagle River Watershed Support
68,260
53,480
14,780
45,450
45,450
Annual support of the Eagle River Watershed Council programs with 1% increase for 2017;
2016 increased due to rollover of unused 2015 funds
Public Art - Operating
104,132
104,105
27
106,846
106,846
Art in Public Places programming
Environmental Sustainability
482,500
411,131
71,369
474,645
5,770
480,415
Rollover of Sole Power donations received in 2016 $5.8K; Environmental Sustainability
programs; 2017: $62K to complete Sustainable Destination Certification; $12K for energy
management software to track the town's progress toward goals; $15K Solar feasibility
study; ; 2016 included $64K for Global Sustainable Destination certification initial year
Total Maintenance
3,327,454
2,804,840
522,614
3,850,335
183,039
3,948,551
Enhancement of Town Assets
Glen Lyon Rec. Path Reconstruction
150,000
150,000
Reconstruction of Glen Lyon Rec Path to be completed with the construction of the 1-70
underpass ($150K)
North Recreation Path- Sun Vail to Pedestrian Bridge
North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and
the pedestrian Bridge
Chalet Road Sport Courts
1,047,630
728,999
318,631
-
40,000
40,000
Re -appropriate $40K to complete sports courts on Chalet Road
Soft Surface Trails
-
-
-
100,000
100,000
Trail enhancements
Ford Park Landscape Enhancement
200,000
24,703
175,297
175,297
175,297
Re -appropriate for continuation of Ford Park landscaping improvements (in current
areas - no net increase to size)
Donovan Park Improvements
375,661
310,714
64,947
64,947
64,947
Re -appropriate to complete payment for Donovan Park picnic shelter and playground
maintenance
Library Recreation Path Reconstruction
10,000
10,000
10,000
10,000
Repairs to the recreation path from the Vail Library to Lionshead
Streambank/tract mitigation
780,561
196,986
583,575
400,000
583,575
983,575
Re -appropriate to continue repairs to Gore Creek stream bank; Based on Eagle River
Water District study results; Includes estimates for stream bank repairs (from water to
bank) and riparian repairs (from bank to land area and revegetation); Project will span
several years as part of "Restore the Gore"
Water Quality / Storm Water
1,000,000
176,440
823,560
500,000 958,68
1,458,685
Includes $135K in state grant funding for water mitigation at PW for roof runoff (see
corresponding reimbursement above); Re -appropriation of 2016 funds to continue water
quality improvement to Gore Creek; Storm water and water quality projects as part of
"Restore the Gore"; $51.5K in 2017 is for signage, marketing etc.;
Dowd Junction repairs and improvements
397,457
31,622
365,835
-
365,835
365,835
Re -appropriate to continue re -stabilization of Dowd Junction path; Repairs to culverts,
drainage, and preventative improvements; project in cooperation with Eagle River Water
and Sand (ERWSC)
East Vail Water Quality TAPS
125,000
84,889
40,111
1,160,000
40,111
1,200,111
East Vail Water Quality Improvements; CDOT TAP grant funding of $700K in 2017
East Vail Interchange Improvements
125,000
100,957
24,043
1,039,764
24,043
1,063,807
Re -appropriate to continue landscaping design and construction of the interchange
Permanent Skate Park
294,664
294,664
-
-
-
-
2016 completed construction for permanent skate park in LH parking structure
Bighorn Park Improvements
-
-
-
100,000
100,000
Park improvements and upgrades including shelter upgrade, ADA access, drainage
improvements, playground mtc, new stairs added to west end, irrigation improvements,
and planting around pond
11
April 4, 2017 - Page 127 of 165
12
April 4, 2017 - Page 128 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Ford Park Portal Improvements
510,000
179,296
330,704
-
330,704
330,704
Re -appropriate to continue improvements to Ford Park entry points
Ford Park Playground/Lower Bench Improvements
-
-
-
300,000
300,000
2017: Schoolhouse garden ($150K), shelter at the sports fields ($150K)
Open Lands Plan
224,452
47,260
177,192
-
177,192
177,192
Continuation of Comprehensive Open Lands Plan Update
Booth Creek Park
2,422,200
2,037,432
384,768
-
384,768
384,768
Re -appropriate to continue redevelopment of entire park including tennis courts,
covered areas and playground structures; Tennis court ($262K) and playground
($385K) originally budgeted in 2014 will occur when overall park is reconstructed.
Public Art - General program / art
511,229
30,385
480,844
85,000
482,310
567,310
To purchase sculptures, artwork, art programs and events; remainder is re -
appropriated each year to accumulate enough funds. Also includes 2016 sales from
manhole covers
Public Art - Winterfest
42,837
28,833
14,004
14,295
14,295
Carry over balance from 2016 ($14K) and recognize donations made for Winterfest
event ($261).
Total Enhancements
8,066,691
4,273,180
3,834,764
3,651,762
7,486,526
VRD-Managed Facility Projects
Recreation Enhancement Account
-
-
-
140,094
140,094
Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance;
Golf Course - Other
551,822
8,954
542,868
79,504
542,868
622,372
2017: Design and planning to replace bridges at holes 13 & 14 ($50K), replace stone
veneer with timber railings ($16.4K),rebuild irrigation pumps ($13.1K); 2016 included
$400K for storage building; asphalt driving and parking area
Dobson Ice Arena
54,089
9,745
44,344
364,534
44,344
408,878
Re -appropriate to complete pavers and concrete slab replacement in 2017;' 2017: remodel
rink bathrooms and changing rooms ($131.1K), rock wall repair ($10.5K), clean wood
structure ($38.2K), replace pumps ($45.9K), redesign and rebuild electrical room
($120.2K); '2016 pavers and concrete slab replacement ($54K)
Ford Park / Tennis Center Improvements
58,245
-
58,245
120,000
58,245
178,245
2016 & 2017: replace roofing on tennis center ($81.5K), replace gutters ($9.3K), remodel
bathrooms ($31K), replace lockers ($13.1K), furnace ($13.7K), hot water tank ($7.6K), and
base board heaters ($18.6K)
Athletic Fields
21,250
21,250
8,195
21,250
29,445
2017: paint wood structure and exterior trim ($8K); 2016: rooftop replacement for
restrooms and athletic Feld ($21.3K)
Gymnastics Center
40,800
5,200
35,600
16,489
35,600
52,089
Re -appropriate for installation of cooling system in 2017 ($57.5)
Nature Center
69,754
69,754
40,000
69,754
109,754
2017: Research on historical preservation and design ($40K); 2016 Exterior windows,
doors, wood siding and slope roof ($69.8K)
Total VRD-Managed Facility Projects
795,960
23,899
772,061
768,816
772,061
1,540,877
New Assets
Golf Clubhouse &Nordic Center
9,130,363
8,052,451
1,077,912
1,077,912
1,077,912
Re -appropriate to complete clubhouse renovation; Total includes $1.165M reimbursement
from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center
funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $13.8M,
which includes previously spent RETT funds of $705,571 from 2012 & 2013)
Ford Park Improvements & Fields
392,190
78,862
313,328
-
313,328
313,328
Re -appropriate for continuation of Ford Park 2016 Ford Park projects in 2017; 2016:
Lighting control system ($97K), transformer enclosure replacement ($35K), a manual
traffic gate ($48K), and ($100K) contingency
Total New Assets:
9,522,553
8,131,313
1,391,240
-
1,391,240
1,391,240
Total Expenditures
21,712,658
15,233,232
6,479,426
8,453,915
5,998,102
14,367,194
12
April 4, 2017 - Page 128 of 165
13
April 4, 2017 - Page 129 of 165
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
(Unaudited)
2017
2016
Actual
Variance
Original
1st
2017
Amended
2016
Fav/(Unfav)
Budget
Supplemental
Amended
Other Financing Sources (Uses)
Transfer from Vail Reinvestment Authority
294,664
294,664
--
-
-
2016 Completion of Lionshead Skate park
Revenue Over (Under) Expenditures
(13,374,088)
(6,541,233)
6,479,426
(1,702,857)
(7,399,241)
Beginning Fund Balance
17,797,519
17,797,519
4,423,431
11,122,722
Ending Fund Balance
$ 4,423,431
$ 11,256,286
$ 2,720,574
$ 3,723,481
13
April 4, 2017 - Page 129 of 165
TOWN OF VAIL 2017 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
(Unaudited) 2017
2016 2016 Variance Original 1st 2017
Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments
Revenue
Town of Vail Interagency Charge $ 2,931,767 $ 3,068,208 $ 136,441 $ 3,068,794 $ 3,068,794
Insurance Reimbursements & Other - 59,593 59,593 10,000 10,000
Earnings on Investments 14,650 2,751 (11,899) 14,209 14,209
Equipment Sales and Trade-ins 104,910 48,360 (56,550) 152,730 152,730
Total Revenue 3,051,327 3,178,912 127,585 3,245,733 3,245,733
Expenditures
Salaries & Benefits
Operating, Maintenance & Contracts
Capital Outlay
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
1,027,669 1,037,566
1,274,331
1,059,600
3,361,600
1,199,110
794,021
3,030,697
(9,897) 1,140,936 1,140,936
75,221
265,579
330,903
1,322,013
1,155,200
3,618,149
County fees for new radios
10,000 1,332,013 added to CPF
1,155,200
10,000 3,628,149
(310,273)
148,215 458,488
(372,416) (382,416)
2,133,465 2,133,465
1,823,192 2,281,680
$ 1,823,192 $ 2,281,680
$ 1,450,776 $ 1,899,264
14
April 4, 2017 - Page 130 of 165
ORDINANCE NO. 2
SERIES OF 2017
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEAVY
EQUIPMENT FUND OF THE 2017 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2017 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 185,764
Capital Projects Fund 32,507,348
Real Estate Transfer Tax Fund 5,998,102
Heavy Equipment Fund 10,000
Total $ 38,701,214
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
Ordinance No. 2, Series of 2017
April 4, 2017 - Page 131 of 165
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 4th day of April, 2017, and a public hearing shall be held on this Ordinance
on the 2nd day of May, 2017, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 2, Series of 2017
April 4, 2017 - Page 132 of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Award contract for design of the South Frontage Road from Vail Valley Medical
Center to Lionshead Parking Structure.
PRESENTER(S): Tom Kassmel, Project Engineer
ACTION REQUESTED OF COUNCIL: Approve Design Contract Award
BACKGROUND: The Town of Vail has budgeted to reconstruct the South Frontage Road from
the Vail Valley Medical Center to the Lionshead Parking Structure in 2019. In order to coordinate
the projects design with the pending Vail Valley Medical Center and Evergreen Redevelopments,
Town staff suggests accelerating the design of the project one year so that design and
construction coordination can occur appropriately.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into a design contract, in a
form approved by the Town Attorney, with SGM in the amount not to exceed $375,000; to be
funded by the traffic impact fee fund.
ATTACHMENTS:
Description
Staff Memo
VVMC Master Plan
SFR Concept Design
April 4, 2017 - Page 133 of 165
TOWN OF VAIL.
To:
From:
Date:
Subject:
Memorandum
Vail Town Council
Public Works Department
April 4, 2017
South Frontage Road Design Contract Award - Vail Valley Medical Center to
Lionshead Parking Structure
I. SUMMARY
In conjunction with the adoption of the Vail Valley Medical Center (VVMC) Site Specific
Redevelopment Master Plan; the Town of Vail, the VVMC, and the Evergreen
collaborated to develop a South Frontage Road Improvement Plan that would
accommodate each existing and future access point to the above mentioned properties
as well as accommodate projected traffic growth along the South Frontage road. It was
identified that "all three parties will benefit from a roundabout and that each property will
financially participate in the solution." As a result the agreed upon plan, was included
as a part of the VVMC Site Specific Redevelopment Master Plan.
JO/
Entry .•!4;
�w-
•;Existing Evergreen access
. to be removed
Iry
Q ���- Left turn for
emergency vehicles
linqi
A Al M
pAuy
VVMC
Entry
VVMC / EG / TOV Frontage Road
Conceptual improvement Plan
April 4, 2017 - Page 134 of 165
With the forthcoming submittal of the VVMC's West Phase and the confirmation that
they intend to relocate utility lines along the South Frontage Road ROW this year, along
with a possible submittal of a development plan for the Evergreen redevelopment; it is
recommended that the Town accelerates the design one year in order to coordinate and
provide a final design of the South Frontage Road improvements. This will allow the
impending and future developments to tie into a known South Frontage Road design.
Based on Council and staff discussions at the February 7th Town Council meeting
regarding this topic staff advertised a RFP for design services for the South Frontage
Road design and received two proposals:
Felsburg, Holt, and Ullevig (FHU) $530,000
SGM $375,000
Based on staffs review each design team is fully capable of completing the design and
responded well to the RFP. Staff is familiar with both firms and their capabilities; FHU is
based out of the Denver area and most recently completed the 1-70 Vail Underpass
design and the conceptual design for this South Frontage Road section; SGM is based
out of Glenwood Springs and completed the design for Rifle and Silt roundabouts, and
most recently completed the storm water infrastructure mapping project for the Town.
Funding for the project has previously been identified as shared between the Town of
Vail, Vail Transportation Impact Fees, and each development's (Vail Municipal Building,
VVMC, and the Evergreen) project level requirements to access this portion of the
South Frontage Road.
Since this project requires seamless design along the South Frontage Road adjacent to
each of the above mentioned developments, staff suggests the design be coordinated
and completed by the Town of Vail this year and be funded by the existing traffic impact
fee fund. Final cost share for design and construction will be determined by the final
adoption of the new Vail Transportation Impact Fee, and the pending development
entitlement approval process.
The necessary design fees can be supplemented into the 2017 budget from the existing
traffic impact fee fund, currently having a fund balance of -$950,000; and/or if desired,
the funding could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars,
which are currently budgeted for this project in 2018 & 2019, in the amount of $100k
and $3.5 Million respectively.
Council may elect to award a partial design contract, to receive only 30% design
drawings. This would allow Council to award about 55% of the total contract amounts;
FHU ($290,000), SGM ($210,000). Staff suggests Council awards the entire design
contract, with a stipulation within the contract that requires a formal notice to proceed for
the consultant to move beyond the 30% design milestone.
II. STAFF RECOMMENDATION AND NEXT STEPS
Staff recommends authorizing the Town Manager to enter into a design contract, in a
form approved by the Town Attorney, with SGM in the amount not to exceed $375,000;
to be funded by the traffic impact fee fund.
Town of Vail Page 2
April 4, 2017 - Page 135 of 165
III. ATTACHMENTS
VVMC Site Specific Redevelopment Plan — 6. Traffic/South Frontage Road
Ultimate and Interim VVMC South Frontage Road Design
Town of Vail Page 3
April 4, 2017 - Page 136 of 165
6. TRAFFIC/SOUTH FRONTAGE ROAD
GOAL
Collaborate with neighboring properties to define and imple-
ment improvements to South Frontage Road that will provide
safe and efficient site access to VVMC, the Town Hall site and the
Evergreen Lodge.
A Traffic Impact Study has been completed by TurnKey Consult-
ing LLC. This study evaluates the traffic impacts of new develop-
ment at VVMC and other changes contemplated by this Master
Plan, including but not limited to the creation of a new Front
Door along South Frontage Road. An executive summary of the
study is found in the appendix of this Plan. The Conceptual Cir-
culation Plan on the following page depicts proposed vehicular
and pedestrian circulation patterns for VVMC.
Assumptions on potential South Frontage Road improvements
(all of which are subject to approval by the Colorado Depart-
ment of Transportation), VVMC expansion plans and other
traffic -related operational changes at VVMC that were consid-
ered in the traffic study included the following:
• A two-lane round -about designed to facilitate right -in/
right -out site access to VVMC, the Evergreen Lodge and
the Town Hall site, on South Frontage Road
• VVMC vehicular access off South Frontage Road will be
right-in/right-out only
• Emergency vehicle access to VVMC via the new main
access off of South Frontage Road, including westbound
left turn into VVMC
• Access to the West Lot Surface Parking and the East Wing
parking structure will be provided from VVMC's new
main access off of South Frontage Road
• Access to the new East Parking Structure and the West
Surface Lot will be provided via the new main access off
of South Fronta:e Road
January 2015
• During the construction of the East Wing, 69 parking
spaces in the US Bank Building will be temporarily
accessed via West Meadow Drive (subject to coordination
with neighboring property owners)
• Access from the US Bank Building to remain one-way out
bound only.
• Maintain roundabout Level of Service (LOS) "C" or better
The performance of the South Frontage Road roundabout, the
Frontage Road/VVMC access point and the Vail Road/Meadow
Drive intersection were evaluated by the Traffic Impact Study.
Based on analysis by TurnKey Consulting Inc. and Felsburg Holt
Ullevig (retained by the Town of Vail), each of these intersections
performed at a level well above minimum Town standards for
both level of service and delay.
An updated traffic study for VVMC will be provided with subse-
quent stages of the development review process.
FRONTAGE ROAD ACCESS IMPROVEMENT STUDY
The Town of Vail took the lead on a conceptual design study of
future road and access improvements to South Frontage Road.
The participants in this process include the Town, representatives
from the Evergreen Lodge and VVMC. Each of these organizations
is contemplating development of their property and the primary
goal of this effort is to collaboratively define a plan for access
improvements along South Frontage Road that will accommodate
access to each property.
It is anticipated that over time each of the three properties will
be limited to right-in/right-out access off the South Frontage Road
improvements. This is due to future growth in background traf-
fic on South Frontage Road and the proximity of access points for
22
VVMC Site Specific Redevelopment Master Plan
April 4, 2017 - Page 137 of 165
6. TRAFFIC/SOUTH FRONTAGE ROAD
VVMC Master Plan
Conceptual Circulation Plan
Fig. 11 - Pedestrian and vehicular circulation around VVMC.
January 2015
23
VVMC Site Specific Redevelopment Master Plan
April 4, 2017 - Page 138 of 165
6. TRAFFIC/SOUTH FRONTAGE ROAD
each of the three properties. It is assumed that a roundabout
will be necessary to allow vehicles to turn around in order to
access each of these three properties. The focal point of this
study was to evaluate alternative locations and designs for a
roundabout. It is assumed that all three parties will benefit from
a roundabout and that each property will financially participate
in the solution. Topography, limited right-of-way width and site
conditions along South Frontage Road present significant design
and construction challenges and the sequencing of when the
improvement is constructed relative to when each of the three
parcels re -develop is also an important consideration.
Over ten alternative designs and locations for a roundabout were
evaluated. In addition, non -roundabout solutions that facilitated
necessary turning movements were evaluated but these were
dropped from consideration. The preferred location of a round-
about is shown on Figure 11 below. This improvement is located
predominantly within the South Frontage Road right-of-way,
however a portion of the roundabout is located over the "B line"
(an internal control boundary of the interstate highway system)
on Federal Highway Administration (FWHA) land. This concept is
in the process of being presented to the Colorado Department of
Transportation and FWHA.
,Existing Everg ' n ccess
•.; _ . to,pc removed
.11
Left turn for
z
-
�-':emergency vehicles
z- g 1111
. 14991 1,,
A=.c
••1
ITVMC / EG / TOV Frontage Road
-.Conceptual Improvement Plan
Fig. 12 - Conceptual design of South Frontage Road access improvements.
January 2015
VVMC Site Specific Redevelopment Master Plan
April 4, 2017 - Page 139 of 165
6. TRAFFIC/SOUTH FRONTAGE ROAD
Subject to CDOT approvals, construction of the roundabout
would occur after completion of the East Wing and VVMC's
new Front Door at the South Frontage Road. This construction
sequencing allows for the existing helipad to remain (it will be
displaced by construction of the roundabout) until such time
the new heliport building is operational. During this period of
time interim access improvements to the South Frontage Road
will be necessary in order to facilitate access to VVMC. A traffic
analysis of this interim improvement has been completed to
ensure that the intersection will perform at acceptable levels. A
copy of this analysis is found in the appendix of this plan. This
interim improvement will provide acceptable turning movements
into and out of VVMC. It is considered an "interim improvement"
because over time a roundabout will be needed due to growth in
background traffic coupled with the anticipated future redevelop-
ment of the Evergreen and Town Hall site.
Figure 12 below is a conceptual design of these improvements.
Major features of these interim improvements are a west bound
left -turn lane to serve VVMC and a slight re -alignment to the entry
to the Town Hall site (that will maintain the left turn movement
out of this site).
ect.
""frit AIN
1040,
rQ
Shaded area indicates
extent Ci `read work
'•aisiever,
? �� : 3refa
Fig. 13 - Conceptual design of interim access to VVMC.
Right out only
from US Bank
-- VVMC Interim Access
Conceptual Plan
January 2015
25
VVMC Site Specific Redevelopment Master Plan
April 4, 2017 - Page 140 of 165
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CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
DISCLAIMER: IMPACTS SHOWN ARE CONCEPTUAL IN NATURE
AND BASED ON AVAILABLE CONTOUR SURVEYS.
IMPACTS ARE SUBJECT TO REVISION WITH
ADDITIONAL SURVEY INFORMATION.
0' 50' 100' 200'
s
Print Date: 11/10/2016
File Name: Overlay.dgn
Horiz. Scale: 1:100 Vert. Scale: As Noted
6300 South Syracuse Way
FELSBURG Suite 600
CHOLT & Centennial, CO 80111
ULLEVIG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
TOWN OF VAIL
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
ULTIMATE VS. INTERIM DESIGNS
PLAN VIEW
Project No./Code
Revised:
Designer:
Void:
Detailer:
ESS Structure
ESS Numbers
Sheet Subset: PLAN
Subset Sheets:
Sheet Number
April 4, 2017 - Page 141 of 165
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CO\CEDTUAL
DISCLAIMER: IMPACTS SHOWN ARE CONCEPTUAL IN NATURE
AND BASED ON AVAILABLE CONTOUR SURVEYS.
IMPACTS ARE SUBJECT TO REVISION WITH
ADDITIONAL SURVEY INFORMATION.
o'
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200'
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AMMO
Print Date: 11/10/2016
File Name: VVMC South Frontage Road-Ultimate.dgn
Horiz. Scale: 1:100 Vert. Scale: As Noted
pi6300 South Syracuse Way
FELSBURG Suite 600
H 0 L T & Centennial, CO 80111
ULLEV IG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
TOWN OF VAIL
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
ULTIMATE DESIGN
PLAN VIEW
Project No./Code
Revised:
Designer: ESS
Void:
Detailer: ESS
Structure
Numbers
Sheet Subset: PLAN
Subset Sheets:
PL -1 OF 1 Sheet Number
April 4, 2017 - Page 142 of 165
Date:
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As Constructed
No Revisions:
Revised:
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VVMC SOUTH FRONTAGE ROAD
ULITMATE DESIGN
EB CURB AND WB CURB PROFILES
Designer:
ESS
Detailer:
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Sheet Subset: PROFILE
Structure
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April 4, 2017 - Page 143 of 165
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40
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80
CONCEPTUAL PLANS
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oi
100
8200
8190
8180
8170
8160
8210
8200
8190
8180
8170
1
20'
10'
20' 40'
0'
Sheet Revisions
Comments
Init.
TOWN
As Constructed
No Revisions:
Revised:
Void:
VVMC SOUTH FRONTAGE ROAD
ULTIMATE DESIGN
CROSS SECTIONS
Designer:
ESS
Detailer:
ESS
Sheet Subset:
XSEC
Structure
Numbers
Subset Sheets: CS -1 OF 2
Project No./Code
Sheet Number
April 4, 2017 - Page 144 of 165
8190
8180
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8160
8200
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8170
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-140 -120 -100 -80 -60 -40 -20
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GROUND
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-140 -120 -100 -80 -60 -40 -20
STA. 19+50
0 20 40 60 80 100
Print Date: 11/10/2016
File Name: VVMC South Frontage Road-Ultimate.dgn
Horiz. Scale: 1:40 Vert. Scale: As Noted
po6300 South Syracuse Way
FELSBURG Suite 600
(41 H 0 LT & Centennial, CO 80111
ULLEV IG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
8190
8180
8170
8160
8200 8190
8190
8180
8180
8170
8170 8160
8160
8150
-140 -120 -100 -80 -60 -40 -20
TOWN OF VAIL
STA. 22+75
0 20 40 60 80 100
CO\C P_A\S
\OT FOR CO\STRUCTIO\
8190
8180
8170
8160
8150
20'
10'
0' 20' 40'
0'
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
ULTIMATE DESIGN
CROSS SECTIONS
Project No./Code
Revised:
Designer: ESS
Void:
Detailer: ESS
Structure
Numbers
Sheet Subset: XSEC
Subset Sheets: CS -2 OF 2 Sheet Number
April 4, 2017 - Page 145 of 165
EB CURB
IE
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_I
WB
CURB
PCzL
PGL
Iw
RETAINING
WALL
EXISTING
GROUND
,-✓
I.:-
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.
-140 -120 -100 -80 -60 -40 -20
TOWN OF VAIL
STA. 22+75
0 20 40 60 80 100
CO\C P_A\S
\OT FOR CO\STRUCTIO\
8190
8180
8170
8160
8150
20'
10'
0' 20' 40'
0'
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
ULTIMATE DESIGN
CROSS SECTIONS
Project No./Code
Revised:
Designer: ESS
Void:
Detailer: ESS
Structure
Numbers
Sheet Subset: XSEC
Subset Sheets: CS -2 OF 2 Sheet Number
April 4, 2017 - Page 145 of 165
0
0 O
o O a
+ - 0
U+
a N
O
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
O
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DISCLAIMER: IMPACTS SHOWN ARE CONCEPTUAL IN NATURE
AND BASED ON AVAILABLE CONTOUR SURVEYS. 0' so' 100' 200
IMPACTS ARE SUBJECT TO REVISION WITH
ADDITIONAL SURVEY INFORMATION. N
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•
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Print Date: 10/11/2016
File Name: VVMC South Frontage Road-Interim.dgn
Horiz. Scale: 1:100 Vert. Scale: As Noted
6300 South Syracuse Way
FELSBURG Suite 600
CHOLT & Centennial, CO 80111
ULLEVIG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
TOWN OF VAIL
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
INTERIM DESIGN
PLAN VIEW
Project No./Code
Revised:
Designer:
Void:
Detwiler:
ESS Structure
ESS Numbers
Sheet Subset: PLAN
Subset Sheets: PL -1 OF 1
Sheet Number
April 4, 2017 - Page 146 of 165
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12+00
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V.C. = 150.00'
K = 65.73
e = -0.43'
SSD = 548'
MDS = 45 MPH
14+00
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15+00
16+00
V.C. - 200.00'
K - 110.12
e - -0.45'
SSD - 694'
MDS - 50 MPH
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10
N
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19+00
V.C. = 200.00'
K = 281.45
e = 0.18'
SSD = 1089'
MDS - 55+ MPH
20+00
VPI -20+73.
22+00
V.C. - 200.00'
K - 78.16
23+00
8200
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8180
8170
24+00
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MDS = 45 MPH
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SSD - 694'
MDS - 50 MPH
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10
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V.C. = 200.00'
K = 281.45
e = 0.18'
SSD = 1089'
MDS - 55+ MPH
20+00
VPI -20+73.
22+00
V.C. - 200.00'
K - 78.16
23+00
8200
8190
8180
8170
24+00
20+00
21+00
22+00
23+00
24+00
V.C. - 200.00'
K - 149.34
e - -0.33'
SSD - 906'
MDS - 55 MPH
2
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26+00
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K = 72.88
e = -0.69'
SSD = 493'
MDS - 45 MPH
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28+00
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33+00
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
8200
8190
8180
8170
34+00
- 20'
1
0' 50' 100'
10'
0'
Print Date: 10/11/2016
File Name: VVMC South Frontage Road-Interim.dgn
Horiz. Scale: 1:100 Vert. Scale: As Noted
6300 South Syracuse Way
FELSBURG Suite 600
CHOLT & Centennial, CO 80111
ULLEVIG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
TOWN OF VAIL
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
INTERIM DESIGN
EB CURB AND WB CURB PROFILES
Project No./Code
Revised:
Designer: ESS
Void:
Detailer: ESS
Structure
Numbers
Sheet Subset: PROFILE
Subset Sheets: PR -1 OF 1
Sheet Number
April 4, 2017 - Page 147 of 165
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e - -0.33'
SSD - 906'
MDS - 55 MPH
2
*00
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26+00
V.C. = 200.00'
K = 72.88
e = -0.69'
SSD = 493'
MDS - 45 MPH
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CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
8200
8190
8180
8170
34+00
- 20'
1
0' 50' 100'
10'
0'
Print Date: 10/11/2016
File Name: VVMC South Frontage Road-Interim.dgn
Horiz. Scale: 1:100 Vert. Scale: As Noted
6300 South Syracuse Way
FELSBURG Suite 600
CHOLT & Centennial, CO 80111
ULLEVIG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
TOWN OF VAIL
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
INTERIM DESIGN
EB CURB AND WB CURB PROFILES
Project No./Code
Revised:
Designer: ESS
Void:
Detailer: ESS
Structure
Numbers
Sheet Subset: PROFILE
Subset Sheets: PR -1 OF 1
Sheet Number
April 4, 2017 - Page 147 of 165
Date:
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-120
-100
-80
-60
Print Date: 10/12/2016
File Name: VVMC South Frontage Road-Interim.dgn
Horiz. Scale: 1:40 Vert. Scale: As Noted
6300 South Syracuse Way
FELSBURG Suite 600
HOLT & Centennial, CO 80111
ULLEVIG (303) 721-1440
-40
-20
STA.12+75
0
20
40
60
Sheet Revisions
Comments
80
100
8200 8200
8190 8190
8180 8180
8170 8170
8160 8160
8200 8210
8190 8200
8180 8190
8170 8180
8160 8170
- - _
EX. 5DOT
/ BARRIER
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- 140
- 120
- 100
- 80
-60
-40
-20
STA. 17+50
0
20
40
60
80
100
- 140
- 120
TOWN
April 4, 2017 - Page 148 of 165
- 100
- 80
-60
-40
-20
STA.15+75
0
20
40
60
80
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
oi
100
8200
8190
8180
8170
8160
8210
8200
8190
8180
8170
20'
10'
20' 40'
0'
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
INTERIM DESIGN
CROSS SECTIONS
Project No./Code
Revised:
Void:
Designer: ESS
Detailer: ESS
Sheet Subset: XSEC
Structure
Numbers
Subset Sheets: CS -1 OF 2
Sheet Number
E
2
>
0 0
7
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N
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O O ULi
N Q
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8190
8180 - - - -
8170
8160
8200
8190
8180
8170
WB
5.
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EB
CURE PGL
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—EXISTIN
G GROUN
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—140 —120 —100 —80 —60 —40 —20 0 20 40 60 80 100
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STA. 20+75
3
WB_CURB PGL—
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STING GROUND -
8160 1
-140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100
STA.19+25
8190
8180
8170
8160
8200
8190
8190
8180
8180 8170
8170 8160
8160 8150
J
WB CUR
URB
PGL !w
EXI-
STING ---GROUND
RET
AINING W
ALL
-140
-120
-100
-80
-60
-40
-20
STA. 22+75
0
20
40
60
80
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
0'
100
8190
8180
8170
8160
8150
1
20'
10'
20' 40'
0'
Print Date: 10/12/2016
File Name: VVMC South Frontage Road-Interim.dgn
Horiz. Scale: 1:40 Vert. Scale: As Noted
6300 South Syracuse Way
FELSBURG Suite 600
CH O L T & Centennial, CO 80111
ULLEVIG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
TOWN OF VAIL
As Constructed
No Revisions:
VVMC SOUTH FRONTAGE ROAD
INTERIM DESIGN
CROSS SECTIONS
Project No./Code
Revised:
Designer: ESS
Void:
Detailer: ESS
Structure
Numbers
Sheet Subset: XSEC
Subset Sheets: CS -2 OF 2
Sheet Number
April 4, 2017 - Page 149 of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Reconstruction of the Gore Valley Trail to Underpass Connection Path
PRESENTER(S): Tom Kassmel, Project Engineer
ACTION REQUESTED OF COUNCIL: Direct staff to proceed with the necessary coordination
to lower the Holy Cross Electric lines in this area to facilitate the reconstruction of the bike path.
BACKGROUND: The Town has budgeted to reconstruct the bike path that connects the Gore
Valley Trail to the South Frontage Road at the newly constructed underpass. The final design
requires the overhead power lines just south of the underpass to be relocated underground. Staff
suggests the town use the Holy Cross Enhancement funds to lower these lines.
STAFF RECOMMENDATION: Approve the expenditure of $50,000 from the Holy Cross
Electric Enhancement Funds to complete the undergrounding of 1100' power lines from the
Liftside condominiums to the Glen Lyon Office Building.
ATTACHMENTS:
Description
Staff Memo
Bike Path Reconstruction Design
April 4, 2017 - Page 150 of 165
TOWN OF VAIL.
Memorandum
To: Vail Town Council
From: Public Works Department
Date: April 4, 2017
Subject: Gore Valley Trail Underpass Connection Realignment and HCE undergrounding
I. SUMMARY
The Town has budgeted $150,000 this year to reconstruct the bike path that connects
the Gore Valley Trail to the South Frontage Road adjacent to the new 1-70 Vail
Underpass. Since the Underpass project lowered the Frontage Road there is now the
opportunity to significantly reduce the existing steep 22% bike path grades to 5%. This
will require two new switchbacks and the relocation of the existing overhead powerlines.
It is anticipated that the cost of the bike path reconstruction project will be approximately
$175,000 to $200,000; and the cost of the relocation of the overhead lines to be an
additional $50,000.
The relocation of the power lines will require 1100 linear feet of the existing overhead
Holy Cross Electric (HCE) lines to be placed underground. Fortunately as a part of the
Underpass project the town has already installed the necessary conduit and vaults to
allow for this future undergrounding. The remaining cost that will need to be allocated
to have the power lines removed from the power poles and installed into the
underground infrastructure is $50,000. Staff recommends this additional cost be paid
for by the HCE Enhancement Funds.
The actual additional cost of the bike path reconstruction project to achieve the 5%
grades will be known within the next few weeks once the final bid is received.
Additional costs can be covered by the savings from last years Recreation Path
Maintenance budget that have been requested to be rolled within the first supplemental.
April 4, 2017 - Page 151 of 165
II. STAFF RECOMMENDATION AND NEXT STEPS
Staff recommends supplementing and approving the expenditure of $50,000 from the
Holy Cross Electric Enhancement Funds to complete the undergrounding of 1100' of
overhead power lines from the Liftside condominiums to the Glen Lyon Office Building.
This will allow the Town to enter into an agreement with Holy Cross Electric to start the
planning process to lower the lines in mid-May.
Staff will bring the final construction contract award for the actual bike path
reconstruction project to Council for approval on May 2, 2017.
III. ATTACHMENTS
Bike path Realignment Design
Town of Vail Page 2
April 4, 2017 - Page 152 of 165
Print Date: 3/22/2017
File Name: Alt 6 Exhibit.dgn
Horiz. Scale: 1:30
Vert. Scale: As Noted
6300 South Syracuse Way
FELSBURG Suite 600
H 0 L T & Centennial, CO 80111
ULLEVIG (303) 721-1440
Sheet Revisions
Date:
Comments
Init.
TOWN OF VAIL'
April 4, 2017 - Page 153 of 165
As Constructed
No Revisions:
VAIL BIKE PATH
OPTION 2 -GRADING PLAN
Project No./Code
Revised:
Designer:
ESS
Void:
Detailer:
ESS
Structure
Numbers
Sheet Subset:
Subset Sheets:
of
Sheet Number
TOWN IfO
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Award contracts for the Vail Park Improvement Project and Ford Park Lighting
Control Project
PRESENTER(S): Todd Oppenheimer, Capital Project Manager/Landscape Architect
ACTION REQUESTED OF COUNCIL: Direct the Town Manager to enter into construction
contracts with TriPhase Electric in an amount not to exceed $98,979 for the Ford Park Lighting
Control Project and with MW Golden Constructors in an amount not to exceed $516,781 for the
Vail Park Improvements project.
BACKGROUND: The Vail Park Improvement Projects is an assembly of smaller, funded
projects which staff has bid as one construction project to improve efficiency and create economy
of scale and more advantageous contractor pricing. The work included in the Vail Park
Improvement Project includes the following projects Ford Park - redesign and construction of the
West Betty Ford Way (W B FW) gate Ford Park - site improvements and landscaping at the West
Restroom Building Ford Park- School House garden and patio Ford Park— Riparian area planting
Bighorn Park — access, picnic pavilion improvements and riparian plantings The Ford Park Lighting
Control Project includes a computerized lighting control system to allow unlimited dimming and
shut-off capabilities of the existing parking lot and pedestrian path Tight fixtures. The existing Tight
fixtures were installed with the anticipation of utilizing this lighting control system and will accept the
required equipment without modification.
ATTACHMENTS:
Description
Memorandum
April 4, 2017 - Page 154 of 165
TOWN OF VAIIL.
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: April 4, 2017
Subject: Request to Award Construction Contracts for the Vail Park Improvement and Ford Park
Lighting Control Projects
Introduction:
The purpose of this discussion is to request the Town Council to award construction contracts
for the Vail Park Improvement Projects and Ford Park Lighting Control Project. There is overlap
between the various budgets for these projects so they are being presented together for
consideration by the Council.
The Vail Park Improvement Projects is an assembly of smaller, funded projects which staff has
bid as one construction project to improve efficiency and create economy of scale and more
advantageous contractor pricing. The work included in the Vail Park Improvement Project
includes the following projects
• Ford Park - redesign and construction of the West Betty Ford Way (WBFW) gate
• Ford Park - site improvements and landscaping at the West Restroom Building
• Ford Park - School House garden and patio
• Ford Park — Riparian area planting
• Bighorn Park — access, picnic pavilion improvements and riparian plantings
The Ford Park Lighting Control Project includes a computerized lighting control system to allow
unlimited dimming and shut-off capabilities of the existing parking lot and pedestrian path light
fixtures. The existing light fixtures were installed with the anticipation of utilizing this lighting
control system and will accept the required equipment without modification.
Project Descriptions:
Following is a more specific description of each portion of the projects which are being
presented.
1. Vail Park Improvement Projects
a. Redesign and construction of the WBFW gate. The existing steel gate at the
intersection of WBFW and the South Frontage Road is worn out, damaged and in
need of replacement. The proposed double swinging gate design is much more
pedestrian friendly with 3 locations for pedestrians to pass through the gate. Golf
carts providing access to Lower Bench activities will also be able to access the
gate without activating the gate mechanism. The bid amount is for the site work
and gate foundations. The gate design and fabrication will be in conjunction with
the AIPP Ford Park Portal project and add an additional $42,000 to the overall
cost.
April 4, 2017 - Page 155 of 165
b. Site improvements and landscaping at the West Restroom and Maintenance
Building. This project addresses two operational issues of the Upper Bench of
Ford Park. The first is the VRD's ability to store soccer goals and fence panels
when they are not being used on the sport fields. The goals currently sit on the
perimeter of the fields and have to be moved several times a year to
accommodate different field configurations. The panels are leaned up against
the backstop fencing. They are always somewhat in the way and present a
cluttered appearance when not being used. Proposed site improvements include
a screened enclosure on the south side of the building for the storage of soccer
goals and fence panels. The second concerns vehicle access to the building.
The Council approved traffic management plan for Ford Park includes bollards
near the Amphitheater to prevent through traffic on Betty Ford Way. Traffic on E
BFW is two-way with control gates on the top and bottom of the road section.
Only semi size vehicles will be allowed through to WBFW requiring manual
removal and replacement of the bollards. The driveway to the maintenance
building is currently configured to access from the east. Site improvements
include new concrete driveway to allow access to the building from the west
without excessive backing maneuvers. A small overhead shade structure is
included to provide a location for the storage of plant materials before they can
be installed. Landscaping in this area cleans up some deficient areas and
improves the overall aesthetic of the area.
c. School House garden and patio. Bidding of previously designed and approved
work which includes a small storage closet, patio and garden to clean up the
area behind and to the west of the School House.
d. Bighorn Park Improvements.
i. Picnic Pavilion. There is currently no accessible route to the structure
from the park entry or restroom. This project will install a concrete
walkway connecting the structure to the restroom and to an accessible
picnic table pad. The existing roof needs to be re -shingled as the existing
shingles are deteriorating and close to 40 -years old. The roof currently
has no overhang, and roof drainage drips water onto the concrete below
causing deterioration of the four wooden corner posts. The new
overhang will reduce this deterioration and improve the overall aesthetics
and usability of the structure. Installation of an 8' wide apron on the west
side and 6' wide apron on the north side will improve the functionality and
capacity of the facility, and will connect the existing grill to the structure.
This will also improve the ADA usability of the facility.
ii. Drainage improvements. The grass area surrounding the structure is
very flat and does not drain well. The project will install two new area
drains and connect to an existing area drain to remove surface water from
the area. The paver apron will also assist in eliminating wet/muddy areas
adjacent to the shelter.
iii. Playground. Refinish all log surfaces in the play area and construct
seating area below 5-12 structure.
iv. Site Work. Install a stairway/railing at west end of playground. The
hillside currently has two separate eroded trails connecting the upper and
lower sections of the park. This project would install a set of natural stone
steps with a handrail and rehabilitate the worn vegetation
2. Lighting Control project
a. Computerized lighting control to allow dimming and/or shut off of individual
parking lot and pedestrian light fixtures through the park. All Ford Park fixtures
Town of Vail Page 2
April 4, 2017 - Page 156 of 165
include 40 watt, LED lamps and are 100% compliant with Dark Sky Ordinance
requirements. The project addresses issues of excessive reflective light off of
snow covered surfaces. There is a minor energy and cost savings associated
with the lighting control. Scheduled dimming and shutting -off of fixtures provides
projected annual energy savings of 32.3 kW and $437.00.
There is additional work in Ford Park that is still in the design and/or budgeting stages. These
items are included in the larger Ford Park budgets but are not ready for final pricing. Staff will
return to the Council for updates and/or requests to award construction contracts at a later date.
This work includes the following.
1. Parking Lot/South Frontage Road Landscaping. DRB conditional approval required
additional landscaping associated with parking lot semi gate approval. Currently unfunded
and estimated at $40K.
2. Weather shelter for softball fields. Currently in preliminary design, Funded at $150K.
3. Nature Center Bridge/Amphitheater electrical transformer enclosure. Currently in
preliminary design. Will probably entail removal of existing noncompliant enclosure,
relocation of electric meters and panels to proposed cabinet and AIPP sponsored painting of
existing transformer. Funded at $35K.
Project Bidding:
Bids for the Vail Park Improvement Projects were received on March 28, 2017. Two
responsible bids were received for the work. MW Golden Constructors submitted the lowest
responsible bid in the amount of $516,781.
Bids for the Ford Park Lighting Control project were received on March 2, 2017. Two
responsible bids were received for the work. Triphase Electric submitted the lowest responsible
bid in the amount of $98,979.
Budget and Funding Implications:
Budgeted Funds:
2 Ford Park project accounts reallocated from 2016 to 2017
CCF002 $313,327
RFP019 $175,297
2017 Ford park budget for School House Garden and Softball Shelter $300,000
Stream Bank Mitigation Project (allocation of $944K overall budget) $ 12,000
Total Funds available for Ford Park Projects $800,624
Bid Projects and Estimated Expenditures:
Lighting Control bid $ 98,979
School House Garden and Patio bid $101,035
WBFW — Maintenance Building bid $198,624
Riparian Planting bid $ 12,218
Subtotal $232,094
10% Contingency on Vail Park Improvement bid amounts $ 23,209
Subtotal $255,303
Reserve for WBFW gate design and fabrication $ 42,000
Reserve for NC Bridge Transformer Enclosure $ 35,000
Reserve for Softball Shelter $150,000
Estimated cost of parking lot landscaping $ 40,000
Subtotal $267,000
30% Contingency on reserves and estimated $ 80,100
Subtotal $347,100
Town of Vail Page 3
April 4, 2017 - Page 157 of 165
Total Projected cost $602,403
Under Budget amount Ford Park Projects $198,221
2017 Bighorn Park budget $100,000
Stream Bank Mitigation Project (allocation of $944K overall budget) $ 3,000
Total $103,000
Bighorn Park Improvements bid amount $204,903
10% contingency on bid amount $ 20,490
Total $225,393
Over budget amount for Bighorn Park $122,393
Over budget amount for Bighorn Park is recommended to be transferred from remaining Ford
Park budget funds.
Town Council Request and Recommendation:
Staff requests and recommends the Town Council direct the Town Manager to enter into
construction contracts with TriPhase Electric in an amount not to exceed $98,979 for the Ford
Park Lighting Control Project and with MW Golden Constructors in an amount not to exceed
$516,781 for the Vail Park Improvements project. With the award of the construction contracts
by the Town Council, both projects will begin construction the first week in May and complete
the work by June 30, 2017.
Town of Vail Page 4
April 4, 2017 - Page 158 of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Slifer Square Project Update
PRESENTER(S): Chad Salli, Project Engineer
ACTION REQUESTED OF COUNCIL: Provide staff with direction.
BACKGROUND: Staff has identified 4 significant maintenance issues concerning Slifer Square.
These included the following: 1. Damaged storm sewer 2. Storm water being discharged into
Gore Creek without treatment 3. Water leaking from the fountain 4. Corroded steel snowmelt
mains. Staff received 2 bids for the Slifer Square Repair Project, RA Nelson ($4,603,393.86) and
Icon Inc. ($4,862,821.30). Both bids are over 50% higher than the estimated construction costs of
$3 million.
STAFF RECOM M ENDATION: Staff works with the consultant and contractors to re-evaluate
the current scope and priorities of the project and then re -bid the project once that evaluation and
redesign is complete.
ATTACHMENTS:
Description
Slifer Square Memorandum
April 4, 2017 - Page 159 of 165
TOWN OF VAIIL'
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: April 4, 2017
Subject: Slifer Square Repair Project
I. ITEM/TOPIC
Slifer Square Repair Project
II. BACKGROUND
Staff has identified 4 significant maintenance issues concerning Slifer Square. These
included the following.
1. Damaged storm sewer
2. Storm water being discharged into Gore Creek without treatment,
3. Water leaking from the fountain, and
4. Corroded steel snowmelt mains.
Staff received 2 bids for the Slifer Square Repair Project, RA Nelson ($4,603,393.86)
and Icon Inc. ($4,862,821.30). Both bids are over 50% higher than the estimated
construction costs of $3 million, as presented in February to Town Council.
The Capital Project Budget included:
• $150,000 in 2016 for design and engineering
• $1,350,000 in 2017 for construction of Slifer Square
• $800,000 in 2017 for the reconstruction of Meadow Drive along the Austria Haus
Options for moving forward include:
1. Award the full contract as bid and supplement the budget to cover the budget
shortage.
2. Reducing the scope of the project by deferring some maintenance/repairs to a
future date. This would require redesigning and rebidding the project moving the
construction start from April 2017 to either September 2017 or April 2018.
An example of this would be to add only a filtration unit on the existing storm
sewer alignment leaving the fountain in place and damaged storm sewer. The
filtration units are typically installed as a secondary treatment unit downstream of
a primary unit to collect sediment. By not have the primary unit installed, more
frequent maintenance (replacement) of the filter cartridges would be required.
The fountain would still leak and the odor from the storm sewer would not be
eliminated, but the "first flush" of storm runoff would be treated prior to discharge
into Gore Creek.
April 4, 2017 - Page 160 of 165
III. STAFF RECOMMENDATION
Staff recommends deferring the project and working with the consultant and contractors
to re-evaluate the current scope, priorities of the project, potential cost savings, and
then re -bid the project once that evaluation and redesign is complete.
Town of Vail Page 2
April 4, 2017 - Page 161 of 165
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 1, Series of 2017, second reading, An Ordinance Amending Title
3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission
on Special Events Funding Decisions
PRESENTER(S): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Ordinance No. 1, Series of
2017 on second reading
BACKGROUND: The Vail Town Council (the "Council") directed staff to amend Section 3-6-
8(B) of the Vail Town Code to allow the Council to call up an appeal on a decision made by the
Commission on Special Events within 60 days rather then 10 days.
STAFF RECOMMENDATION: Approve, amend or deny Ordinance No. 1, Series of 2017 on
second reading
ATTACHMENTS:
Description
Ordinance No. 1 Series of 2017
April 4, 2017 - Page 162 of 165
ORDINANCE NO. 1
SERIES 2017
AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, SECTION 8 OF
THE VAIL TOWN CODE, REGARDING TOWN COUNCIL CALL UP OF
COMMISSION ON SPECIAL EVENTS FUNDING DECISIONS
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter; and
WHEREAS, the Town Council wishes to amend the Town Code as it relates to
the timeframe in which it can call up and review funding decisions made by the Town
Commission on Special Events.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 3-6-8(B) of the Vail Town Code is hereby amended to read
as follows:
B. Any appeal must be filed in writing within ten (10) days following the decision of
the CSE, or must be called up by the town council within sixty (60) ten (10) days of
the decision.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
Ordinance No. 1, Series of 2017
April 4, 2017 - Page 163 of 165
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of March, 2017 and a
public hearing for second reading of this Ordinance is set for the 4th day of April, 2017,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 4th day of April, 2017.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 1, Series of 2017
April 4, 2017 - Page 164 of 165
VAILTOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment 9:10 p.m.
TOWN Of UAJL
April 4, 2017 - Page 165 of 165