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HomeMy WebLinkAbout2018-05-15 Agenda and Supporting Documentation Town Council Evening AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, May 15, 2018 TOWN Of 4IAJt 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. Scholarship Award Presentation 2.1. Recognize Colorado Grand Event and Colorado Grand Scholarship Award 10 min. Presentation Presenter(s): Jenn Bruno, Mayor Pro Tem The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2018 award will be given to a senior student, Juan Macias, who attends Battle Mountain High School. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that is in their 30th year. 2.2. Town of Vail Youth Recognition Awards Presenter(s): Scott, O'Connell, Jenn Bruno, Mayor Pro Tem The Town of Vail will recognize two local Vail students (and residents), Jason Macaluso, Battle Mountain High School, and Sarah Evans, Vail Mountain School, who will be recognized for their academic accomplishments, extracurricular activities (athletic, civic, performing arts) and leadership at their respective high schools. The Town has been a supporter of this program formerly administered and funded by the Vail Valley Exchange (no longer an active organization). The two schools submit the nominations for consideration by the selection committee (Mayor Pro Tem and Mr. O'Connell). 3. DRB / PEC UPDATE 5 min. 3.1. DRB / PEC Update 5 min. Presenter(s): Chris Neubecker, Planning Manager 4. Consent Agenda May 15, 2018 - Page 1 of 131 4.1. Resolution No. 15, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and La Bottega Inc., and Setting Forth Details in Regard Thereto. 4.2. Resolution No. 16, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and Mountain Grocery LLC; and Setting Forth Details in Regard Thereto 4.3. Resolution No. 19, Series of 2018, A Resolution Appointing the Pete Seibert Monument Fund Raising Committee; and Setting Forth Details in Regard Thereto 4.4. Street Names Signs Replacement Project Contract Award 4.5. Minutes from April 17, 2018 meeting 5. Town Manager Report 6. Public Hearings 6.1. Pepi's Restaurant / Gasthof Gramshammer Appeal Presenter(s): Chris Neubecker, Community Development Director Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal. The Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's decision of April 18, 2018. Background: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC18-0001) An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC18- 0001). The applicant has requested a Design Review Board permit for replacement of the yellow and white striped tent at Pepi's Restaurant. On April 18, 2018 the Design Review Board approved the request upon the condition that the Applicant also replace the awnings on the patio with the same design and color. Staff Recommendation: The Community Development Department recommends that the Town Council uphold the decision of the Vail Design Review Board. 6.2. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny 5 min. 45 min. 5 min. May 15, 2018 - Page 2 of 131 Ordinance No. 8, Series of 2018 upon second reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. Staff Recommendation: Staff recommends tabling this item to the June 19, 2018 Town Council meeting. 7. Action Items 7.1. Exploratory Discussion for Survey Concerning Natural Area Preservation 30 min. Rezoning (Middle Creek Subdivision) Presenter(s): George Ruther, Housing Director Action Requested of Council: Does the Vail Town Council authorize the expenditure of up to $7,500 to complete a more indepth analysis of the Tract A, Middle Creek Subdivision property to obtain additional objective information and data? Background: On April 17, 2018, the Vail Town Council instructed staff to return to a future Town Council meeting with an estimated cost to obtain more in depth objective information on the property. Based upon initial probable cost estimates, up to $7,500 will be required to obtain the next level of information. Staff Recommendation: If the Vail Town Council wishes to better understand the feasibility of residential development on the property in question, the town staff recommends the Town Council authorizes the expenditure as requested to obtain additional objective information and data. 7.2. Town of Vail Annual Resale Lottery Criteria Process — VLHA recommendation to Vail Town Council. Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair of the Vail Local Housing Authority Action Requested of Council: Approve, approve with modifications, or deny the recommendations for amendments, improvements and enhancements to the Town's resale lottery process. Background: The purposes of this agenda item are four -fold: 1. share the adopted Town of Vail Annual Resale Lottery Criteria Process, 2. summarize the Vail Town Council member's feedback from the public meeting held on April 17th, 3. present the recommendation of the Vail Local Housing Authority for amendments, improvements and enhancements to the criteria and lottery process consistent with the goals and objectives outlined above, and 4. outline the next steps for implementation of an amended process once adopted by the Vail Town Council. 45 min. May 15, 2018 - Page 3 of 131 Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council instructs the Town's Housing Department to take the steps necessary to implement the amendments to the Town's resale lottery process as outlined in the staff memorandum. 7.3. Resolution No. 18, Series of 2018, A Resolution Approving an Amended and Restated Development Agreement Between the Town of Vail and Vail Clinic; and Setting Forth Details in Regard Thereto. Presenter(s): Matt Mire, Town Attorney and Tom Kassmel, Town Engineer Action Requested of Council: Approve, Approve with modifications, or deny Resolution No. 18, Series of 2018 Background: The Town must ensure that certain obligations of VVMC are met as the hospital completes the West Wing and begins redevelopment of the East Wing. To that end, VVMC is prepared to commit to the obligations in a Development Agreement, to demonstrate its commitment to the entire redevelopment. 7.4. Vail Nature Center Update and Request for Funds 5 min. Presenter(s): Todd Oppenheimer,Capital Project Manager/Landscape Architect Action Requested of Council: Approve a supplemental budget in the amount of $95,500 for the VNC project bring the total current budget to $151,000. Background: The purpose of this discussion is to request supplemental budget funding by the Town Council for the continued on-going work on the Vail Nature Center (VNC) short-term actions intended to allow continuation of the VNC programming by the Walking Mountains Science Center. The total estimated cost of the short-term actions is approximately $151K. The current fund balance in the Vail Nature Center RETT account (RMT025) is $55,454 creating a projected budget shortfall of $95,500. 10 min. 7.5. Renewal of TI GA Transit Advertising Agreement Presenter(s): Greg Clifton, Town Manager and Matt Mire, Town Attorney Background: Current advertising agreement renewal date is May 30, 2019. Per Council's request, this amended contract will renew for a period of three years. 8. Adjournment 8.1. Adjournment at 9:05 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. May 15, 2018 - Page 4 of 131 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Recognize Colorado Grand Event and Colorado Grand Scholarship Award Presentation PRESENTER(S): Jenn Bruno, Mayor Pro Tem BACKGROUND: The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2018 award will be given to a senior student, Juan Macias, who attends Battle Mountain High School. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that is in their 30th year. May 15, 2018 - Page 5 of 131 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town of Vail Youth Recognition Awards PRESENTER(S): Scott, O'Connell, Jenn Bruno, Mayor Pro Tem BACKGROUND: The Town of Vail will recognize two local Vail students (and residents), Jason Macaluso, Battle Mountain High School, and Sarah Evans, Vail Mountain School, who will be recognized for their academic accomplishments, extracurricular activities (athletic, civic, performing arts) and leadership at their respective high schools. The Town has been a supporter of this program formerly administered and funded by the Vail Valley Exchange (no longer an active organization). The two schools submit the nominations for consideration by the selection committee (Mayor Pro Tem and Mr. O'Connell). May 15, 2018 - Page 6 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: DRB / PEC Update PRESENTER(S): Chris Neubecker, Planning Manager ATTACHMENTS: Description May 2, 2018 DRB Meeting Results May 14, 2018 PEC Meeting Agenda May 14, 2018 PED Meeting Results TOWN OF 1 X41 May 15, 2018 - Page 7 of 131 TOWN Of 1 X41 DESIGN REVIEW BOARD May 2, 2018, 3:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1.1. Present: Bill Pierce, David Campbell, Doug Cahill, Peter Cope Absent: John Rediker 2. Project Orientation 2.1. 1:30 PM 3. Site Visits 3.1. 5040 Prima Court - Fox Residence 3.2. 4879 Meadow Drive Unit B - Jones Residence 3.3. 4141 Spruce Way - Egli Residence 3.4. 933 Red Sandstone Road Unit 6 - Wright Residence 3.5. 1472 Matterhorn Circle - Park Meadows Lodge 3.6. 500 & 534 East Lionshead Circle - Battle Mountain/Lazier Parking Garage 4. Main Agenda 4.1. DRB18-0047 - Jones Residence Final review of an addition Address/Legal Description: 4879 Meadow Drive Unit B/Lot 15, Block 5, Bighorn Subdivision 5th Addition Applicant: Lawrence & Gayle Jones, represented by Resolution Design Planner: Matt Panfil Doug Cahill moved to table to May 16, 2018. Peter Cope seconded the motion and it passed (4-0). Absent(1) Rediker 4.2. DRB18-0089 - Allen Residence Conceptual review of a new separated duplex Address/Legal Description: 224 Forest Road / Lot 11-B, Block 7, Vail Village Filing 1 Applicant: Larry & Lori Allen, represented by Ron Byrne and Associates Planner: Matt Panfil May 15, 2018 - Page 8 of 131 Doug Cahill moved to table to June 6, 2018. David Campbell seconded the motion and it passed (4-0). Absent(1) Rediker 4.3. DRB18-0140 - Park Meadows Lodge Conceptual review of a new multi -family project Address/Legal Description: 1472 Matterhorn Circle/Vail Park Meadows Applicant: Alura Development Planner: Jonathan Spence 4.4. DRB18-0144 - Battle Mountain/Lazier Parking Garage Final review of an exterior alteration (parking garage) Address/Legal Description: 500 & 534 East Lionshead Circle/Lots 2 & 3, Block 1, Vail Lionshead Filing 1 Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence 1. All new parking areas shall meet Town of Vail standards (9' x 19'). 2. Prior to issuance of a Demolition Permit, the Applicant shall provide to the Town of Vail a drainage letter which accurately demonstrates where drainage will occur. 3. After removal of the driveway access to the upper deck, the applicant shall connect the paver walk along East Lionshead Circle. Alternative materials may be proposed for review and approval by the Town of Vail. This shall be completed prior to requesting any final inspections. 4. The demo permit shall, at a minimum, include a signed/stamped engineered shoring plan. 5. All trees with the exception of the two conifers along East Lionshead Circle shall remain. If other trees are damaged or removed through construction, the applicant shall submit a revised landscape plan for review and approval by the Town of Vail, prior to requesting any final inspections. 6. The trash room with the cooking oil shall be cleaned and both trash rooms shall operate as bear -proof within 30 days of the approval of this DRB application. 7. The fire lane located to the south of the garage shall be maintained and accessible during the demolition period. Peter Cope moved to approve with conditions. David Campbell seconded the motion and it passed (3-0). Abstair(1) Pierce Absent(1) Rediker 4.5. DRB18-0108 - Fox Residence Final review of an exterior alteration (deck) Address/Legal Description: 5040 Prima Court Unit Al/A2/Parcel 2, Sundial Phase 1 Applicant: Jeff & Sara Fox, represented by KCB Construction Inc. Planner: Justin Lightfield 1. Prior to issuance of a building permit, the applicant shall revise the May 15, 2018 - Page 9 of 131 plans to show that the deck alteration matches the existing siding, color, and trim of the residence. Doug Cahill moved to approve with conditions. Peter Cope seconded the motion and it passed (4-0). Absent(1) Rediker 4.6. DRB18-0110 - Arosa Parnters LLC Final review of new construction Address/Legal Description: 2658 Arosa Drive/Lot 3, Block D, Vail Ridge Subdivision Applicant: Arosa Partners LLC, represented by TAB Associates, Inc. Planner: Justin Lightfield Doug Cahill moved to approve. Peter Cope seconded the motion and it passed (4-0). Absent(1) Rediker 4.7. DRB18-0113 - Wright Residence Final review of an exterior alteration (patio door) Address/Legal Description: 933 Red Sandstone Road Unit 6/Cottonwood Park Townhouses at Vail Applicant: Allison Wright, represented by Nedbo Construction Planner: Justin Lightfield Doug Cahill moved to approve. Peter Cope seconded the motion and it passed (4-0). Absent(1) Rediker 4.8. DRB18-0142 - Egli Residence Conceptual review of an exterior alteration (siding/windows/roof/deck) Address/Legal Description: 4141 Spruce Way/Lot 8, Block 9, Bighorn Subdivision 3rd Addition Applicant: Roger Egli, represented by Intention Architecture Planner: Justin Lightfield 5. Staff Approvals 5.1. B18-0124 - Allen Residence Final review of an exterior alteration (reroof) Address/Legal Description: 1956 Circle Drive/Lot 31, Buffehr Creek Resubdivision Applicant: Bruce H. Allen Revocable Trust, represented by Sunlight Roofing Inc. Planner: Andy Rogers 5.2. DRB18-0003 - Patterson Residence Final review of an exterior alteration (hot tub/landscaping) Address/Legal Description: 4016 Lupine Drive/Lot 9, Bighorn Subdivision May 15, 2018 - Page 10 of 131 Applicant: Richard & Regina Patterson, represented by Ceres+ Planner: Chris Neubecker 5.3. DRB18-0083 - Johnson Residence Final review of an addition Address/Legal Description: 3245 Katsos Ranch Road/Lot 8, Block 1, Vail Village Filing 12 Applicant: Tait & Sarah Johnson, represented by Scott S. Turnipseed AIA Planner: Justin Lightfield 5.4. DRB18-0097 - Vailpoint LLC Final review of an exterior alteration (landscaping) Address/Legal Description: 366 Hanson Ranch Road/Lot D, Block 2, Vail Village Filing 1 Applicant: Vailpoint LLC Planner: Jonathan Spence 5.5. DRB18-0103 - Bernardo Residence Final review of an addition Address/Legal Description: 4718 Meadow Drive Unit B2/Bighorn Townhouses Subdivision Applicant: Sharon M. & William J. Bernardo Children's Trust, represented by GPSL Architects Planner: Jonathan Spence 5.6. DRB18-0105 - One Vail Place Homeowners Association Final review of an exterior alteration (gutters) Address/Legal Description: 244 Wall Street/Lot A & C, Block 5C, Vail Village Filing 1 Applicant: One Vail Place Homeowners Association, represented by Teak Simonton Planner: Justin Lightfield 5.7. DRB18-0107 - Beaver Dam LLC Final review of an exterior alteration (hot tub/walkway) Address/Legal Description: 443 Beaver Dam Road/Lot 4, Block 4, Vail Village Filing 3 Applicant: Beaver Dam LLC, represented by Ross Construction Planner: Jonathan Spence 5.8. DRB18-0111 - Arguello Residence Final review of an exterior alteration (windows/doors) Address/Legal Description: 4506 Spruce Way Unit 6/Lot 8 & 9, Block 1, Bighorn Subdivision 3rd Addition Applicant: Benjamin Arguello, represented by Cazes Martin Planner: Matt Panfil 5.9. DRB18-0115 - Rondeau Residence Final review of an exterior alteration (windows) Address/Legal Description: 1613 Matterhorn Circle/Lot 26, Matterhorn Village Filing 1 May 15, 2018 - Page 11 of 131 Applicant: Rondeau Family Trust, represented by Renewal by Andersen Planner: Justin Lightfield 5.10. DRB18-0116 - Chamonix Vail Final review of a change to approved plans (guardrail) Address/Legal Description: 2310 Chamonix Road/Parcel B, Vail Das Schone Filing 1 Applicant: Town of Vail, represented by Triumph Development West LLC Planner: Jonathan Spence 5.11. DRB18-0117 - Gottlieb Residence Final review of an exterior alteration (landscaping) Address/Legal Description: 3021 Booth Falls Road/Lot 15, Block 1, Vail Village Filing 13 Applicant: John & Lynn Gottlieb, represented by Ceres Landcare Planner: Jonathan Spence 5.12. DRB18-0119 - Vail Library Final review of an exterior alteration (siding) Address/Legal Description: 292 West Meadow Drive/Lot 5, Block 1, Vail Lionshead Filing 2 Applicant: Town of Vail Planner: Matt Panfil 5.13. DRB18-0120 - Vail Nature Center Final review of new construction Address/Legal Description: 841 Vail Valley Drive/Unplatted - Ford Park Nature Center Applicant: Town of Vail Planner: Chris Neubecker 5.14. DRB18-0122 - Vail Health Final review of a construction sign Address/Legal Description: 180 South Frontage Road West/Lot E & F, Vail Village Filing 2 Applicant: Vail Health, represented by Braun Associates, Inc. Planner: Jonathan Spence 5.15. DRB18-0123 - Sudbrink Residence Final review of an exterior alteration (window) Address/Legal Description: 1670 Fall Ridge Road Unit C10/Lot 1, Sunburst Filing 3 Applicant: Craig Sudbrink, represented by Jeff Lutz Builders Planner: Matt Panfil 5.16. DRB18-0124 - Enzian Final review of a construction sign Address/Legal Description: 707 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Enzian, represented by R.A. Nelson LLC May 15, 2018 - Page 12 of 131 Planner: Jonathan Spence 5.17. DRB18-0125 - SLP Vail LLC Final review of an exterior alteration (landscaping) Address/Legal Description: 3994 Bighorn Road/Lot 2, Gore Creek Park Subdivision Applicant: SLP Vail LLC, represented by Ceres Landcare Planner: Jonathan Spence 5.18. DRB18-0128 - P & R Enterprises Final review of a sign Address/Legal Description: 228 Bridge Street Unit A/Lot A, Block 5, Vail Village Filing 1 Applicant: P & R Enterprises, represented by Beth Levine Architect Inc. Planner: Matt Panfil 5.19. DRB18-0129 - Padden Residence Final review of an exterior alteration (vent) Address/Legal Description: 2289 Chamonix Lane Unit 1/Lot 6, Block A, Vail Das Schone Filing 1 Applicant: Derek Padden, represented by Crockford Builders Planner: Matt Panfil 5.20. DRB18-0130 - Snow Pansy LLC Final review of an exterior alteration (vent) Address/Legal Description: 595 Vail Valley Drive Unit C107/Lot A -C, Block 1, Vail Village Filing 7 Applicant: Snow Pansy LLC, represented by Aspen Grove Construction Inc. Planner: Jonathan Spence The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town Council Chambers. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Design Review Board will consider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. May 15, 2018 - Page 13 of 131 PLANNING AND ENVIRONMENTAL COMMISSION TOWS OF(D May 14, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 The May 14, 2018 PEC meeting had not taken place by the time the Town Council packets were distributed. Results from this meeting will be e-mailed to all Town Council members the morning of the May 15, 2018. Council meeting as well as copies printed for distribution to Council and audience members. 1. Call to Order 1.1. Attendance 1.1. 175 Forest Road - Venerable Residence 2. Main Agenda 2.1. A request for the review of variances from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck and accompanying staircase more than five feet (5') above ground level to project more than five feet (5') into the required front (south) and side (east) setback, located at 175 Forest Road/Lot 26, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0015) 30 min. Applicant: Ed & Amy Venerable, represented by KH Webb Architects Planner: Matt Panfil 2.2. A request for a review of a prescribed regulations amendment to Section 14- 10-6, Residential Development, Vail Town Code, to allow the Design Review Board (DRB) to apply different design review standards in situations when two-family dwellings appear as separate and distinct development lots, and setting forth details in regard thereto. (PEC18-0005) 5 min. The Applicant has requested to table this item to the May 29, 2018 meeting. Applicant: Arosa Partners LLC, represented by Brad Hagedorn Planner: Justin Lightfield 2.3. A request for review of variances from Section 12-15-2, GRFA Requirements by Zone District, Section 12-15-3 Definition, Calculation and Exclusions, Section 12-18-4 Uses, and Section 12-18-5, Density Control, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for Gross Residential Floor Area (GRFA) in excess of the amount permitted by lot area and zone district and to allow an access opening to a crawl space of greater than 12 square feet , located at 2014 West Gore Creek Drive Unit 5/Lot 41-43 (Hamlet May 15, 2018 - Page 14 of 131 Townhouses), Vail Village West Filing 2, and setting forth details in regard thereto. (PEC18-0009) 5 min. The Applicant has requested to table this item to the May 29, 2018 meeting. Applicant: Holly Proctor and John Hutto, represented by Martin Manley Architects Planner: Chris Neubecker 3. Approval of Minutes 3.1. April 23, 2018 PEC Results 4. Informational Update 4.1. Eagle River Valley Housing Needs & Solutions Update 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Published in the Vail Daily May 11, 2018 May 15, 2018 - Page 15 of 131 PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of AJi May 14, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Present: Brian Gillette, Brian Stockmar, John -Ryan Lockman, Karen Perez (arrive 1:05 PM), Ludwig Kurz, Pam Hopkins, Rollie Kjesbo Absent: None 2. Site Visits 2.1. 175 Forest Road - Venerable Residence 3. Main Agenda 3.1. A request for the review of variances from Section 14-10-4-C, Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code, pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck and accompanying staircase more than five feet (5') above ground level to project more than five feet (5') into the required front (south) and side (east) setback, located at 175 Forest Road/Lot 26, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0015) ApplicantEd & Amy Venerable, represented by KH Webb Architects Planner: Matt Panfil 1. Approval of these variances is contingent upon the applicant obtaining Town of Vail design review approval for this proposal; and 2. The applicant shall clearly demonstrate, via an Improvement Location Certificate (ILC), to the Community Development Department prior to requesting a final planning inspection that improvements have been constructed per plan. Panfil introduced the request to the PEC and provided the board with background information. Panfil discussed the demo/rebuild provisions of the code. Commissioner Perez requested clarifications if additional variances are required. Kyle Webb, representing the applicant had no presentation. Commissioner Gillette asked about the height of a wall shown on the plans. Kyle responded to the commissioner's questions. Commissioner Hopkins asked for clarifications concerning the setbacks. 30 min. May 15, 2018 - Page 16 of 131 Panfil provided information related to inquiries from neighbors. Gillette asked if a supporting post under the parking deck might be appropriate. Stockmar and Kjesbo concurred. Public Comment: No members of the public spoke. Commissioner Comments: Lockman- Supports the request as a result of the topography. Hopkins- Agrees with Mr. Lockman Perez - Concurs with other commissioners. Kurz- Agrees with staff and supports the proposal. Gillette -In favor of application and feels it meets the criteria. Recommends that the DRB consider a supporting column under the deck. Kjesbo-Agrees with staff and Gillett's recommendation concerning the supporting column. Stockmar supports the application and the forthcoming motion. Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the motion and it passed (7-0). 3.2. A request for a review of a prescribed regulations amendment to Section 14- 5 min. 10-6, Residential Development, Vail Town Code, to allow the Design Review Board (DRB) to apply different design review standards in situations when two-family dwellings appear as separate and distinct development lots, and setting forth details in regard thereto. (PEC18-0005) The Applicant has requested to table this item to the May 29, 2018 meeting. ApplicantArosa Partners LLC, represented by Brad Hagedorn Planner: Justin Lightfield Brian Gillette moved to table to May 29, 2018. Ludwig Kurz seconded the motion and it passed (7-0). 3.3. A request for review of variances from Section 12-15-2, GRFA Requirements 5 min. by Zone District, Section 12-15-3 Definition, Calculation and Exclusions, Section 12-18-4 Uses, and Section 12-18-5, Density Control, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for Gross Residential Floor Area (GRFA) in excess of the amount permitted by lot area and zone district and to allow an access opening to a crawl space of greater than 12 square feet , located at 2014 West Gore Creek Drive Unit 5/Lot 41-43 (Hamlet Townhouses), Vail Village West Filing 2, and setting forth details in regard thereto. (PEC18-0009) The Applicant has requested to table this item to the May 29, 2018 meeting. May 15, 2018 - Page 17 of 131 ApplicantHolly Proctor and John Hutto, represented by Martin Manley Architects Planner: Chris Neubecker Ludwig Kurz moved to table to May 29, 2018. Brian Gillette seconded the motion and it passed (7-0). 4. Approval of Minutes 4.1. April 23, 2018 PEC Results 5. Informational Update 5.1. Eagle River Valley Housing Needs & Solutions Update Kim Williams, representing the Eagle County Housing Department, presented the results from the recent housing demands analysis. Commissioner Gillette inquired about the relationship between job creation and housing units. Tori Franks with Eagle County Housing Department discussed the how units relate to employment numbers. Gillette -Why is overcrowding a problem? Franks spoke to true overcrowding where it has impacted quality of life and how it is a percentage of total overcrowding. Gillette asked for further clarification about the "Catch Up" slide. Franks provided additional information. Gillette asked how many units were created in recent years. Williams responded, less than 200 units. Perez asked for clarification on what is considered affordable in Eagle County. Franks responded that there are a number of different definitions for different programs/situations. Perez spoke to the problem in the housing community of interchanging the terms workforce housing and affordable housing. George Ruther spoke to deed restrictions in the valley and their acceptance by the community. Williams discussed findings from a recent survey regarding various strategies to increase the amount of workforce housing in the Eagle River Valley. Neubecker asked for a description of the difference between inclusionary housing and residential linkage. Ruther stated that the residential linkage assumes the creation of jobs based on residential development. Gillette stated that this question and survey May 15, 2018 - Page 18 of 131 6. Adjournment should be oriented more to people providing and building housing, not residing in the housing. Gillette pointed to the need to ask the right questions to the right individuals/groups. I.e. ask developers about fee waivers and density bonuses, not residents. Perez asked how Middle Creek was received by the community. Ruther responded that it depended on what angle you were looking at it from.... neighbors, future users, employers etc. Stockmar-Asked how we educate our full and part time residents about the issue. Ruther-Spoke to the recent NI MBY Jamboree. Stated that when the issue is personalized more people become interested in the issue. Williams returned to the slide presentation and discussed the existing tools and their support. Stockmar inquired about interjurisdictional cooperation. Williams spoke to alignment and discussions that are occurring and related successes. Lockman asked how policy considerations are brought to fruition. Spoke to the challenges facing renters. Ruther spoke to the upcoming meeting between the Town Council and the VLHA. Spoke to past "No's" such as "The Town of Vail never sells land" or "The Town of Vail does not spend money outside of town boundaries" Perez asked about rental properties, whether owned by the Town of the VLHA. Ruther spoke to the issue and that if the VLHA owned units that additional bonding opportunities might exist. Lockman spoke to the divergence of quality and quantity. Spoke to the need for rental properties to improve. Ruther spoke to the direct and indirect results of some regulations. Gillette spoke to looking at the existing housing stock vs new units. Spoke to buying deed restrictions on existing units. Ruther spoke to the Vail Indeed program. Stockmar spoke to his concern about the aging population and the aging of the housing stock. May 15, 2018 - Page 19 of 131 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Depaitment. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department May 15, 2018 - Page 20 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 15, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and La Bottega Inc., and Setting Forth Details in Regard Thereto. ATTACHMENTS: Description Resolution No. 15, Series of 2018 May 15, 2018 - Page 21 of 131 RESOLUTION NO. 15 SERIES OF 2018 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND LA BOTTEGA INC; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town is the owner of certain real property described as A Portion of Unit 2, Vail Village Inn Phase V (the "Premises"); and WHEREAS, the Town wishes to lease the Premises to La Bottega Inc.., pursuant to the terms set forth in the lease, attached hereto as Exhibit A (the "Lease"); NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Lease and authorizes the Town Manager to execute the Lease on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of May, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 15 Series of 2018 May 15, 2018 - Page 22 of 131 LEASE This LEASE (the "Lease") is made and entered into this day of , 2018 (the "Effective Date") between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and , a with an address of ("Lessee") (each a "Party" and collectively the "Parties"). ARTICLE 1 — PREMISES A. Lease. In consideration of the rents, covenants and agreements herein contained, the Town demises and leases to Lessee, and Lessee rents from the Town, the property described as a portion of Unit 2, Vail Village Inn Phase V, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Premises"), which is approximately 153 square feet. B. Suitability. As of the Effective Date, Lessee has inspected the physical condition of the Premises and receives the Premises in "as is" condition. The Town makes no representations or warranties with respect to the condition of the Premises or its fitness or availability for any particular use, and the Town shall not be liable to Lessee for any latent or patent defect on the Premises. ARTICLE 2 — TERM AND TERMINATION A. Term. This Lease shall commence on June 1, 2018 and terminate on May 31, 2019, unless terminated as provided herein. B. Termination by Town. Notwithstanding any other provision of this Lease, if the Town determines, in its sole discretion, that the Premises is needed for a public purpose, the Town may terminate this Lease, with or without cause, by providing Lessee with a minimum of 30 days' prior written notice. C. Surrender. Upon the expiration or termination of this Lease, Lessee shall peaceably and quietly leave and surrender the Premises in the same condition as it exists on the date of the execution of this Lease, subject to reasonable wear and tear. ARTICLE 3 — RENT AND SECURITY DEPOSIT A. Rent. Lessee shall pay the Town monthly rent of $573.75 ($45/square foot), to be paid on the first business day of each month. The rent shall be payable at the Town of Vail Municipal Building, 75 South Frontage Road, Vail, Colorado, or at such other place the Town may designate in writing. If the rent is not paid on the first business day of the month, a late fee of $50 shall be charged for each day that the rent is late. Such late fee shall be due and payable within 10 days of assessment. B. Security Deposit. Upon execution of this Lease, Lessee shall deposit with the Town a Security Deposit of $573.75 to secure against the breach of any obligations 1 5/10/2018 C:I USERSI TNAGEL. VAILGOV.0241APPDATAILOCAL I MICROSOFT\WINDOWSIINETCACHEI CONTENT.OUTLOOKI CMQ3M3EV1 UNIT 2 LEASE -A051018 (2).DOCX May 15, 2018 - Page 23 of 131 under this Lease, including without limitation: damage to the Premises; abandonment of the Premises; and nonpayment of rent, late charges, returned check charges and attorney fees. If the Security Deposit is used by the Town during the term of this Lease, Lessee shall immediately restore the Security Deposit. Within 60 days after Lessee's surrender of the Premises, the Town shall provide Lessee, at Lessee's last known address, with a written statement listing the reasons for all charges against the Security Deposit, and refund the balance (if any) therewith. Upon surrender, Lessee shall thoroughly clean the Premises, so that the Premises is in the same clean condition it was in when Lessee took possession. If Lessee does not clean adequately, Lessee shall be liable for reasonable cleaning charges and such charges may be deducted from the Security Deposit. The Security Deposit shall not be applied to Monthly Rent or any charge due hereunder without the Town's prior written approval. ARTICLE 4 — USE AND MAINTENANCE A. General Use. Lessee shall use and occupy the Premises as a business office, so long as such use conforms with the lawful rules and regulations of all authorities affecting the Premises, including without limitation the Village Inn Plaza — Phase V Homeowners' Association (the "HOA"). Lessee will not do, or permit to be done, anything which is contrary to any legal or insurable requirement or which constitutes a nuisance. Lessee shall comply with all applicable statutes, ordinances and regulations pertaining to the Premises. No exterior signage shall be permitted, and no parking is provided. Lessee expressly agrees to timely pay any and all fines assessed by the HOA related to Lessee's use of the Premises. B. Maintenance. Lessee agrees that at all times during the term of this Lease, Lessee, at its own cost and expense, shall: 1. Keep the Premises in good, neat, and clean condition; 2. Not park trucks or delivery vehicles outside the Premises so as to unreasonably interfere with the use of any driveways, walks, roadways or parking areas; and 3. Keep the outside area of the Premises reasonably clean and free from snow, ice, dirt, rubbish or obstruction. C. Inspection. Lessee shall permit the Town and its agents to enter the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the Premises. D. Utilities. Utility charges are included in the monthly rent. ARTICLE 5 — TAXES A. Property Taxes. Lessee shall pay all property taxes and general and special assessments levied and assessed against the Premises. Lessee acknowledges 2 5/10/2018 C:I USERSI TNAGEL. VAILGOV.0241APPDATAILOCAL I MICROSOFIIWINDOWSIINETCACHEI CONTENT..OUTLOOKI CMQ3M3EV1 UNIT 2 LEASE -A051018 (2).DOCX May 15, 2018 - Page 24 of 131 that the Premises may be subject to property tax, despite the Town's ownership of the property, because of the use of the property by Lessee. Lessee agrees that the Town shall have no obligation to contest such property taxes or cooperate with Lessee in contesting such property taxes. Notwithstanding anything to contrary herein, Lessee may contest any tax assessment as provided by law. B. Partial Years. If property taxes are assessed for a tax year extending beyond the term of the Lease, the obligation of Lessee shall be proportionate to the portion of the Lease term included in such year. ARTICLE 6 — IMPROVEMENTS A. Additional Improvements. Lessee shall not, without first obtaining the written consent of the Town, make any alterations, additions, or improvements, in, to or about the Premises. B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to be filed against the Premises by reason of work, labor, service or materials supplied or claimed to have been supplied to Lessee. Nothing in this Lease shall be construed as constituting the consent of the Town, expressed or implied, to any contractor, subcontractor, laborer or material supplier for the performance of any labor or the furnishing of any materials for any improvement or repair of or to the Premises. Nothing in this Lease shall be construed as giving Lessee any right to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's lien or claim against the Town's interest in the Premises. If any mechanic's lien or claim is filed against the Premises, Lessee shall cause the same to be discharged within 30 days. ARTICLE 7 — INDEMNIFICATION Lessee 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 Lease or the Premises, unless caused by the negligence of the Town. This indemnification shall survive the expiration or termination of this Lease. ARTICLE 8 — INSURANCE A. Coverages. Throughout the term of this Lease (and after its expiration or termination as appropriate), Lessee shall procure and maintain, at its sole cost and expense, all of the following insurance: 1. Comprehensive broad form general public liability insurance in common use for commercial structures with extended coverage endorsement protecting 3 5/10/2018 C:I USERSI TNAGEL. VAILGOV.0241APPDATAILOCAL I MICROSOFIIWINDOWSIINETCACHEI CONTENT..OUTLOOKI CMQ3M3EV1 UNIT 2 LEASE -A051018 (2).DOCX May 15, 2018 - Page 25 of 131 the Town and Lessee and covering the Premises, common areas, and parking areas and sidewalks located adjacent to the Premises and Lessee's use thereof against claims for personal injury, death and property damage occurring upon, in or about the Premises, such insurance to afford protection to the limit of not less than $2,000,000 combined single limit. The insurance required under this Section shall, in addition, extend to any liability of Lessee arising out of the indemnities provided for in Article 7. 2. Workers' compensation insurance covering all employees, in the amounts required by law. B. Form. All policies shall be issued by solvent and responsible insurance companies licensed to do business in the State of Colorado. Each policy shall be issued in the names of the Town and Lessee. The commercial policy shall be written as a primary policy which does not contribute to and is not in excess of coverage carried by the Town. 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 Lessee. Lessee shall be solely responsible for any deductible losses under any policy. ARTICLE 9 — DEFAULT A. Event of Default. The failure by Lessee to comply with any provision of this Lease shall constitute a default of this Lease. B. Remedies. Upon a default, the Town may re-enter and take possession of the Premises (after appropriate court proceedings), without terminating this Lease, and sublease the Premises, holding Lessee liable for the difference in the rent. In addition, the Town may take any action at law or in equity to enforce performance of any obligation of Lessee under this Lease. The Town's remedies shall be cumulative, and the exercise of one remedy shall not prevent the exercise of any other available remedy. C. Attorney Fees and Costs. If the Town brings suit to enforce any provision of this Lease or for recovery of the Premises, the Town shall be entitled to all costs incurred in connection with such action, including reasonable attorney fees. ARTICLE 10 — MISCELLANEOUS A. Integration. This Lease constitutes the entire agreement between the Parties, superseding all prior oral or written communications. 4 5/10/2018 C:I USERSI TNAGEL. VAILGOV.0241APPDATAILOCAL I MICROSOFT\WINDOWSIINETCACHEI CONTENT.OUTLOOKI CMQ3M3EV1 UNIT 2 LEASE -A051018 (2).DOCX May 15, 2018 - Page 26 of 131 B Severability. If any provision of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. C. Governing Law and Venue. This Lease shall be governed and construed in accordance with the laws of the State of Colorado, and any legal action arising out of this Lease shall be brought in Eagle County, Colorado. D. Notice. Any notice under this Lease 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 Lease. E. Successors. This Lease shall inure to the benefit of and be binding upon the Town and Lessee and their respective heirs, successors, representatives, administrators, executors and devisees; provided that Lessee shall not assign this Lease or sublet the Premises or any part thereof. Any attempted assignment or subletting shall be deemed void and of no effect. F. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises without the prior written consent of the Town. Any such assignment or subletting without the Town's consent shall be void. G. Inspection of Records. The Town shall have the right, upon reasonable notice to inspect the records of Lessee, including financial records, if said inspection is reasonably related to this Lease or to a business or municipal purpose of the Town. H. No Waiver. A failure of a Party to enforce any term of this Lease shall not be deemed to be a waiver of any other term of this Lease. I. Subordination. This Lease is and shall be subordinated to all existing and future liens and encumbrances against the Premises. 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 Lease, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Lease. K. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. L. No Third -Party Beneficiaries. There are no intended third -party beneficiaries to this Lease. 5 5/10/2018 C:I USERSI TNAGEL. VAILGOV.0241APPDATAILOCAL I MICROSOFIIWINDOWSIINETCACHEI CONTENT..OUTLOOKI CMQ3M3EV1 UNIT 2 LEASE -A051018 (2).DOCX May 15, 2018 - Page 27 of 131 IN WITNESS WHEREOF, the Parties have executed this Lease on the Effective Date. ATTEST: Patty McKenny, Town Clerk STATE OF COLORADO COUNTY OF TOWN OF VAIL, COLORADO Greg Clifton, Town Manager LESSEE ) ss. Subscribed and sworn to before me this day of 2018, by as of My Commission expires: Notary Public 6 5/10/2018 C:I USERSI TNAGEL. VAILGOV.0241APPDATAILOCAL I MICROSOFIIWINDOWSIINETCACHEI CONTENT..OUTLOOKI CMQ3M3EV1 UNIT 2 LEASE -A051018 (2).DOCX May 15, 2018 - Page 28 of 131 Property Description BASEMENT LEVEL FLOOR PLAN EXHIBIT A PREMISES •r k 1! 7 5/10/2018 C:I USERSI TNAGEL. VAILGOV.0241APPDATAILOCAL I MICROSOFT\WINDOWSIINETCACHEI CONTENT.OUTLOOKI CMQ3M3EV1 UNIT 2 LEASE -A051018 (2).DOCX Formatted: Font: (Default) Arial May 15, 2018 - Page 29 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 16, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and Mountain Grocery LLC; and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Resolution No. 16, Series of 2018 May 15, 2018 - Page 30 of 131 RESOLUTION NO. 16 SERIES OF 2018 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND MOUNTAIN GROCERY, 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 is the owner of certain real property described as Unit 129, Lionshead Transit Welcome Center (the "Premises"); and WHEREAS, the Town wishes to lease the Premises to Vail Mountain Grocery, LLC., pursuant to the terms set forth in the lease, attached hereto as Exhibit A (the "Lease"); NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Lease and authorizes the Town Manager to execute the Lease on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of May, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 16, Series of 2018 May 15, 2018 - Page 31 of 131 LEASE This LEASE (the "Lease") is made and entered into this day of , 2018 (the "Effective Date") between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and Mountain Grocery, LLC, a limited liability company with an address of 490 Sherman Street, Ridgway, Colorado, 81432 ("Lessee") (each a "Party" and collectively the "Parties"). ARTICLE 1 — PREMISES A. Lease. In consideration of the rents, covenants and agreements herein contained, the Town demises and leases to Lessee, and Lessee rents from the Town, the property described as Unit 129, Lionshead Transit Welcome Center (the "Premises"). B. Suitability. As of the date of execution of this Lease, Lessee has inspected the physical condition of the Premises and receives the Premises in "as is" condition. The Town makes no representations or warranties with respect to the condition of the Premises or its fitness or availability for any particular use, and the Town shall not be liable to Lessee for any latent or patent defect on the Premises. ARTICLE 2 — TERM AND TERMINATION A. Term. This Lease shall commence on May 1, 2018 and terminate on April 30, 2023, unless renewed as provided herein. B. Renewal. If Lessee is not in default of this Lease, Lessee shall have the option to renew the Lease for 2 additional terms of 3 years each commencing at the expiration of the initial Lease term or renewal term, as applicable. The option shall be exercised by written notice given to the Town not less than 90 days prior to the expiration of the initial term or renewal term, as applicable. If notice is not given as provided herein, the renewal option shall automatically expire. C. Termination by Town. Notwithstanding any other provision of this Lease, if the Town determines, in its sole discretion, that the Premises is needed for a public purpose, the Town may terminate this Lease, with or without cause, by providing Lessee with a minimum of 180 days' prior written notice. D. Surrender. Upon the expiration or termination of this Lease, Lessee shall peaceably and quietly leave and surrender the Premises in the same condition as it exists on the date of the execution of this Lease, subject to reasonable wear and tear. ARTICLE 3 — RENT AND SECURITY DEPOSIT A. Rent. Lessee shall pay the Town monthly rent of $840.00, to be paid on the first business day of each month. The rent shall be payable at the Town of Vail Municipal Building, 75 South Frontage Road, Vail, Colorado, or at such other place the Town may 1 5/10/2018 C: I USERSIJMMIAPPDATAILOCALIMICROSOFII WINDOWSIINETCACHEICONTENT.OUTLOOKIEZZIAYDRIMOUNTAIN GROCERY LEASE -A040418 (002) (002).DOCX May 15, 2018 - Page 32 of 131 designate in writing. If the rent is not paid on the first business day of the month, a late fee of $50 shall be charged for each day that the rent is late. Such late fee shall be due and payable within 10 days of assessment. B. Security Deposit. Upon execution of this Lease, Lessee shall deposit with the Town a Security Deposit of $840.00 to secure against the breach of any obligations under this Lease, including without limitation: damage to the Premises; abandonment of the Premises; and nonpayment of rent, late charges, returned check charges and attorney fees. If the Security Deposit is used by the Town during the term of this Lease, Lessee shall immediately restore the Security Deposit. Within 60 days after Lessee's surrender of the Premises, the Town shall provide Lessee, at Lessee's last known address, with a written statement listing the reasons for all charges against the Security Deposit, and refund the balance (if any) therewith. Upon surrender, Lessee shall thoroughly clean the Premises, so that the Premises is in the same clean condition it was in when Lessee took possession. If Lessee does not clean adequately, Lessee shall be liable for reasonable cleaning charges and such charges may be deducted from the Security Deposit. The Security Deposit shall not be applied to Monthly Rent or any charge due hereunder without the Town's prior written approval. ARTICLE 4 — USE AND MAINTENANCE A. General Use. Lessee shall use and occupy the Premises for storage, so long as such use conforms with regulations of all authorities affecting the Premises, and Lessee will not do, or permit to be done, anything which is contrary to any legal or insurable requirement or which constitutes a nuisance. The storage of hazardous materials is prohibited. Lessee shall comply with all applicable statutes, ordinances and regulations pertaining to the Premises. No exterior signage shall be permitted B. Maintenance. Lessee agrees that at all times during the term of this Lease, Lessee, at its own cost and expense, shall: 1. Keep the Premises in good, neat, and clean condition; 2. Not park trucks or delivery vehicles outside the Premises so as to unreasonably interfere with the use of any driveways, walks, roadways or parking areas; and 3. Keep the outside area of the Premises reasonably clean and free from snow, ice, dirt, rubbish or obstruction. C. Inspection. Lessee shall permit the Town and its agents to enter the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the Premises. D. Utilities. Lessee shall pay for all utility charges associated with Lessee's use of the Premises. 2 5/10/2018 C: I USERSIJMMIAPPDATAI LOCAL\ MICROSOFT\ WINDOWSIINETCACHEICONTENT.OUTLOOK\ EZZIAYDRIMOUNTAIN GROCERY LEASE -A040418 (002) (002).DOCX May 15, 2018 - Page 33 of 131 ARTICLE 5 — TAXES A. Property Taxes. Lessee shall pay all property taxes and general and special assessments levied and assessed against the Premises. Lessee acknowledges that the Premises may be subject to property tax, despite the Town's ownership of the property, because of the use of the property by Lessee. Lessee agrees that the Town shall have no obligation to contest such property taxes or cooperate with Lessee in contesting such property taxes. Notwithstanding anything to contrary herein, Lessee may contest any tax assessment as provided by law. B. Partial Years. If property taxes are assessed for a tax year extending beyond the term of the Lease, the obligation of Lessee shall be proportionate to the portion of the Lease term included in such year. ARTICLE 6 — IMPROVEMENTS A. Additional Improvements. Lessee shall not, without first obtaining the written consent of Town, make any alterations, additions, or improvements, in, to or about the Premises. B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to be filed against the Premises by reason of work, labor, service or materials supplied or claimed to have been supplied to Lessee. Nothing in this Lease shall be construed as constituting the consent of the Town, expressed or implied, to any contractor, subcontractor, laborer or material supplier for the performance of any labor or the furnishing of any materials for any improvement or repair of or to the Premises. Nothing in this Lease shall be construed as giving Lessee any right to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's lien or claim against the Town's interest in the Premises. If any mechanic's lien or claim is filed against the Premises, Lessee shall cause the same to be discharged within 30 days. ARTICLE 7 — INDEMNIFICATION Lessee 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 Lease or the Premises, unless caused by the negligence of the Town. This indemnification shall survive the expiration or termination of this Lease. 3 5/10/2018 C: I USERSIJMMIAPPDATAILOCALIMICROSOFII WINDOWSIINETCACHEICONTENT.OUTLOOKIEZZIAYDRIMOUNTAIN GROCERY LEASE -A040418 (002) (002).DOCX May 15, 2018 - Page 34 of 131 ARTICLE 8 — INSURANCE A. Coverages. Throughout the term of this Lease (and after its expiration or termination as appropriate), Lessee shall procure and maintain, at its sole cost and expense, all of the following insurance: 1. Comprehensive broad form general public liability insurance in common use for commercial structures with extended coverage endorsement protecting the Town and Lessee and covering the Premises, common areas, and parking areas and sidewalks located adjacent to the Premises and Lessee's use thereof against claims for personal injury, death and property damage occurring upon, in or about the Premises, such insurance to afford protection to the limit of not less than $2,000,000 combined single limit. The insurance required under this Section shall, in addition, extend to any liability of Lessee arising out of the indemnities provided for in Article 7. 2. Workers' compensation insurance covering all employees, in the amounts required by law. B. Form. All policies shall be issued by solvent and responsible insurance companies licensed to do business in the State of Colorado. Each policy shall be issued in the names of the Town and Lessee. The commercial policy shall be written as a primary policy which does not contribute to and is not in excess of coverage carried by the Town. 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 Lessee. Lessee shall be solely responsible for any deductible losses under any policy. ARTICLE 9 — DEFAULT A. Event of Default. The failure by Lessee to comply with any provision of this Lease shall constitute a default of this Lease. B. Remedies. Upon a default, the Town may re-enter and take possession of the Premises (after appropriate court proceedings), without terminating this Lease, and sublease the Premises, holding Lessee liable for the difference in the rent. In addition, the Town may take any action at law or in equity to enforce performance of any obligation of Lessee under this Lease. The Town's remedies shall be cumulative, and the exercise of one remedy shall not prevent the exercise of any other available remedy. C. Attorney Fees and Costs. If the Town brings suit to enforce any provision of this Lease or for recovery of the Premises, the Town shall be entitled to all costs incurred in connection with such action, including reasonable attorney fees. 4 5/10/2018 C: I USERSIJMMIAPPDATAILOCALIMICROSOFII WINDOWSIINETCACHEICONTENT.OUTLOOKIEZZIAYDRIMOUNTAIN GROCERY LEASE -A040418 (002) (002).DOCX May 15, 2018 - Page 35 of 131 ARTICLE 10 — MISCELLANEOUS A. Integration. This Lease constitutes the entire agreement between the Parties, superseding all prior oral or written communications. B Severability. If any provision of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. C. Governing Law and Venue. This Lease shall be governed and construed in accordance with the laws of the State of Colorado, and any legal action arising out of this Lease shall be brought in Eagle County, Colorado. D. Notice. Any notice under this Lease 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 Lease. E. Successors. This Lease shall inure to the benefit of and be binding upon the Town and Lessee and their respective heirs, successors, representatives, administrators, executors and devisees; provided that Lessee shall not assign this Lease or sublet the Premises or any part thereof. Any attempted assignment or subletting shall be deemed void and of no effect. F. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises without the prior written consent of the Town. Any such assignment or subletting without the Town's consent shall be void. G. Inspection of Records. The Town shall have the right, upon reasonable notice to inspect the records of Lessee, including financial records, if said inspection is reasonably related to this Lease or to a business or municipal purpose of the Town. H. No Waiver. A failure of a Party to enforce any term of this Lease shall not be deemed to be a waiver of any other term of this Lease. Subordination. This Lease is and shall be subordinated to all existing and future liens and encumbrances against the Premises. 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 Lease, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Lease. K. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. 5 5/10/2018 C: I USERSIJMMIAPPDATAILOCALIMICROSOFII WINDOWSIINETCACHEICONTENT.OUTLOOKIEZZIAYDRIMOUNTAIN GROCERY LEASE -A040418 (002) (002).DOCX May 15, 2018 - Page 36 of 131 L. No Third -Party Beneficiaries. There are no intended third -party beneficiaries to this Lease. M. Broker's Commission. The Town will be responsible for paying a real estate broker's commission to Slifer, Smith & Frampton Real Estate in the amount of 2% of the total rent for the initial 5 -year term. No commission shall be payable on any renewal terms. IN WITNESS WHEREOF, the Parties have executed this Lease on the Effective Date. ATTEST: Patty McKenny, Town Clerk STATE OF COLORADO COUNTY OF TOWN OF VAIL, COLORADO Greg Clifton, Town Manager MOUNTAIN GROCERY, LLC ) ss. Subscribed and sworn to before me this day of 2018, by as of Mountain Grocery, LLC. My Commission expires: Notary Public 6 5/10/2018 C: I USERSIJMMIAPPDATAILOCALIMICROSOFII WINDOWSIINETCACHEICONTENT.OUTLOOKIEZZIAYDRIMOUNTAIN GROCERY LEASE -A040418 (002) (002).DOCX May 15, 2018 - Page 37 of 131 1 al tit i T .+'��m9tiMSW�M'N:++s�yrN.�y,�h. �'MaV.iVA.YCh7M4V.".1 it 4• • O, ACCESS RFACE NTROL PAN NTED Lionsheads Welcome Center Commercial Unit 129 240 square feet 7 NORM E?kfl A .: PR. SJIdLT$ riiI ANAPEW4-4.3 kEiWE6N- 5/10/2018 C: I USERSIJMMIAPPDATAI LOCAL\ MICROSOFT\ WINDOWSIINETCACHEICONTENT.OUTLOOK\ EZZIAYDRIMOUNTAIN GROCERY LEASE -A040418 (002) (002).DOCX May 15, 2018 - Page 38 of 131 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 19, Series of 2018, A Resolution Appointing the Pete Seibert Monument Fund Raising Committee; and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Resolution No. 19, Series of 2018 May 15, 2018 - Page 39 of 131 TOWN OF VAIIL' Memorandum To: Mayor and Town Council From: Greg Clifton, Town Manager Date: May 15, 2018 Subject: Resolution No. 19, Series of 2018, A Resolution appointing the Pete Seibert Monument Fundraising Committee I. SUMMARY Several community members have suggested forming a group, the Pete Seibert Monument Fundraising Committee, who will be officially recognized as a town committee. This committee will support the fundraising effort for costs associated with the creation of the monument. The town committee would then fall under the town's umbrella for purposes of liability protection, insurance coverage, and financial accounting. The committee will be comprised of Bill Rey, George Lamb, Mery Lapin, and Jim Flaum. Funds collected in the 2018 fiscal year, in addition to the town's contribution of $150,000, will be rolled over into 2019 budget. The Town's Finance Department will receipt and account for all donations and send out donation letters to each donor. Those who would like to make donations should make checks payable to the Town of Vail, with some reference to the monument on the check. II. BACKGROUND The Seibert Memorial Project was first proposed to the Art in Public Places Board as a gift to the town, using private donations to fund the artwork. AIPP accepted the proposed donation of the memorial to the town's art collection and agreed to the ongoing maintenance, conservation and insurance of the sculpture. After an unsuccessful effort to raise enough funds, the group proposed that sculpture be funded by the town. This proposal was included in the 2018 Budget cycle as a Council Contribution with a request to fund the entire project for $330,000; the town has agreed to fund the project with $150K in the 2018 budget. There continues to be strong support for the monument and a new group has agreed to take on the fundraising efforts as indicated by this request. III. ACTION REQUESTED The Town Council is asked to support organizing this committee by approving Resolution No. 19. Recent discussions about this project at council meetings have shown a great deal of town and Vail valley -wide public support for the installation of the monument honoring Vail's heritage and founding father Pete Seibert. May 15, 2018 - Page 40 of 131 RESOLUTION NO. 19 SERIES OF 2018 A RESOLUTION APPOINTING THE PETE SEIBERT MONUMENT FUND RAISING COMMITTEE; 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; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Council wishes to install a monument to honor Pete Seibert in the Town (the "Monument"); WHEREAS, the approximate cost of the Monument is $300,000; and WHEREAS, the Council has budgeted $150,000 for the Monument and wishes to appoint a Town committee to raise the remaining funds necessary to purchase the Monument. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby appoints the Pete Seibert Monument Fund Raising Committee to be comprised of Bill Rey, George Lamb, Mery Lapin and Jim Flaum (the "Committee"). Section 2. Funds collected by the Committee in the 2018 fiscal year, in addition to town contribution of $150,000, will be rolled over into 2019 budget. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of May, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 19, Series of 2018 May 15, 2018 - Page 41 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Street Names Signs Replacement Project Contract Award ATTACHMENTS: Description memo TOWN OF 1 X41 May 15, 2018 - Page 42 of 131 TOWN OFD Memorandum To: Town Council From: Public Works Date: 05/15/2018 Subject: Street Name Sign Replacement Project I. ITEM/TOPIC Street Name Sign Replacement Project Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Tri Phase Electric Company to complete the Street Name Sign Replacement Project. III. BACKGROUND Staff received 1 bid for the Street Name Sign Replacement Project from Tri Phase Electric Company and is within budget. The project includes replacement of existing street lights and street name signs at intersections throughout the Town of Vail. The project is scheduled to be completed by end of October 2018. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Tri Phase Electric Company to complete the Street Name Sign Replacement Project in the amount not to exceed $523,677.00. May 15, 2018 - Page 43 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from April 17, 2018 meeting ATTACHMENTS: Description Minutes from April 17, 2018 meeting TOWN OF 1 X41 May 15, 2018 - Page 44 of 131 Vail Town Council Meeting Minutes Tuesday, April 17, 2018 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: Dave Chapin, Mayor Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Member absent: Jenn Bruno, Mayor Pro Tem Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation There were no comments made during citizen participation. 2. Consent Agenda 2.1. Vail 2018 Overlay Contract Award Moffet moved to authorize the Town Manager to enter into an agreement with Elam Construction to complete the Vail 2018 Overlay Project in the amount not to exceed $350,000.00. Foley seconded the motion and it passed (6-0). Roads included in this year's asphalt overlay project include Vail Road, Vail Valley Dr in the Gold Peak vicinity, Cabin Cir, Eagles Nest Cir, Fairway Dr, Fairway Ct, Homestake Cir, Hornsilver Cir, Ptarmigan Rd and Springhill Ln. The project is scheduled to be completed by July 20, 2018. 3. Town Manager Report Community Picnic Dates were agreed upon and noted as follows: * July 18, 2018 at Bighorn Park * August 7, 2018 at Donovan Pavilion 4. Presentations / Discussion 4.1. Town of Vail Global Friendship Exchange Program, Follow up Report on Yamanouchi-machi and Nagano Japan Exploration Visit Presenter(s): Patty McKenny, Town Clerk, Mia Vlaar, Economic Town Council Meeting Minutes of April 17, 2018 Page 1 May 15, 2018 - Page 45 of 131 Development, Souichi Nakamura, Interpacific Network Corporation Action Requested of Council: No formal action requested. Presentation and discussion about next steps. Background: This past January a Vail delegation traveled on an exploration visit to Yamanouchi- machi and Nagano, Japan. The Mayor of Yamanouchi-machi and the Governor of Japan invited officials to visit the resort region and consider entering into friendship exchange agreements whereby Vail and Yamanouchi-machi would strengthen relationships as resort communities through exchanges focused on topics of tourism, environmental sustainability, transportation, and business development. Mayor Chapin and Mia Vlaar, Economic Development Director, led the presentation and follow- up report about the exploration visit to Yamanouchi-machi, Nagano, Japan and execution of the exchange programming agreement. Vlaar suggested next steps in the friendship relationship with Yamanouchi might include student and employee exchanges as well as additional exploration of natural heritage culture and best business practices. It was also noted that additional programming for the Global Friendship Exchange Program would be proposed during the 2019 budget cycle; the programming would include the town's relationships in Japan, Mexico and Switzerland. Mayor Chapin is thanking Souichi Nakamura of Interpacific Network Corporation for his help in coordinating the trip. 4.2. Town of Vail Annual Resale Lottery Criteria Process — Recommendation to Vail Town Council Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Vail Local Housing Authority Chairman Action Requested of Council: Listen to the VLHA recommendation and provide direction on next steps recommended by the VLHA and Housing Department staff Background: The Town of Vail Housing Department conducts an annual resale lottery selection process to determine eligibility to bid and purchase for -sale deed -restricted employee housing units which may become available for purchase in the coming calendar year. This lottery selection process occurs the first week of June, annually. The procedures for the Town's annual resale lottery process are outlined in the Town of Vail Employee Housing Guidelines, adopted October 10, 1999. By and large, and specifically as it relates to the lottery process, the Guidelines have remained unchanged since their original adoption nearly twenty years ago. This presentation outlines the recommendation of the VLHA and Housing Department staff. George Ruther presented a number of the recommendations made by the VLHA addressing the lottery selection, as described in the memo and noted below. Feedback was heard from town council and noted below: Town Council Meeting Minutes of April 17, 2018 Page 2 May 15, 2018 - Page 46 of 131 VLHA RECOMMENDATION 1. Clearly define and adopt goals and objectives for the Town's lottery criteria and process 2. Allow current residential property owners, including vacant residential land, to participate in the lottery with the understanding that they must either 1) deed restrict their current residential property for employee housing or, 2) dissolve their interest in the real estate prior to closing on the new deed -restricted property. 3. Phase out the weighted preference and tiered systems and replace them with a true lottery process with preference, effective June 2018. The existing weighted and tiered system is inconsistent with the Town's goal of maintaining and sustaining community. A point system of preference that increases the probability that one category of persons (ie, long time local, Vail business employee, critical worker/occupation, etc.) is selected over another, yet still maintains an opportunity for all participating to be selected (ie, multiple tickets in the drawing) 4. Replace the annual lottery process with an individual and separate process for each home when it becomes available for purchase. This improves efficiency and effectiveness as lottery participants are only participating in lotteries for home types they wish to purchase 5. Eliminate the minimum household size requirements and thereby acknowledge the changes in lifestyle or family size that occur over time. 6. Simplify and streamline the application submittal process and minimize, to the extent possible, the materials required for participation to increase participate numbers and be more cost effective and efficient. 7. Instruct the Housing Department staff to prepare an administrative process for demonstrating eligibility and compliance with the terms of the deed -restriction and the employee housing guidelines. Currently, there is no prescribed process for administrative determination. COUNCIL FEEDBACK Council supported; further review would be made June 5 during a joint meeting with VLHA members. It was agreed further discussion would be needed about this recommendation. Some were not comfortable with giving public funds to one person who would own multiple properties. It was requested that further review of a revised weighting system be made by VLHA. This item was supported by council. This item was supported by council. This was supported by council. This was supported by council. Town Council Meeting Minutes of April 17, 2018 Page 3 May 15, 2018 - Page 47 of 131 VLHA member James Wilkins spoke about the recommendations to the lottery system and noted the basis for the changes. Chapin invited public comment at this time. Mark Nelson spoke about his desire to live in Vail without an ability to do so; he requested some changes be made to the criteria and process. Staff noted that the Vail Local Housing Authority and the Housing Department staff would continue their work with the lottery process and criteria and return in the near future with some updates. 5. Action Items 5.1. Ordinance No. 9 Series of 2018, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9, Series of 2018 upon first reading. Background: On June 1, 2017 the Colorado General Assembly passes Senate Bill 17-027 regarding the misuse of wireless telephone while driving. The Town wishes to adopt certain provisions of Senate Bill 17-027. After a brief discussion, Moffet moved to approve Ordinance No. 9 Series of 2018, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving. Foley seconded the motion and it passed (6-0). 6. Public Hearings 6.1. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon second reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. The Town Attorney noted the town would be further reviewing the topic with the vendor stakeholders and he requested the ordinance be tabled until May 15. Moffet moved to table Town Council Meeting Minutes of April 17, 2018 Page 4 May 15, 2018 - Page 48 of 131 Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Foley seconded the motion and it passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 7:50 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of April 17, 2018 Page 5 May 15, 2018 - Page 49 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Pepi's Restaurant / Gasthof Gramshammer Appeal PRESENTER(S): Chris Neubecker, Community Development Director ACTION REQUESTED OF COUNCIL: The Town Council is asked to hold a public hearing on the appeal. The Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's decision of April 18, 2018. BACKGROUND: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC 18-0001) An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC 18-0001). The applicant has requested a Design Review Board permit for replacement of the yellow and white striped tent at Pepi's Restaurant. On April 18, 2018 the Design Review Board approved the request upon the condition that the Applicant also replace the awnings on the patio with the same design and color. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council uphold the decision of the Vail Design Review Board. ATTACHMENTS: Description TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Staff Memo TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment A - Appeals Form TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment B - Proof of Public Notice TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment C - Letter to Town Council TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment D - Vicinity Map TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment E - Photos of Site TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment F - Rendering of Striped Awning TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment G - Previous DRB Decisions May 15, 2018 - Page 50 of 131 TOWN OF VAIL. Memorandum TO: Vail Town Council FROM: Community Development Department DATE: May 15, 2018 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC18-0001) Appellant: Gasthof Gramshammer, Inc. / Pepi's Restaurant Planner: Chris Neubecker I. SUBJECT PROPERTY The subject property is Gasthof Gramshammer / Pepi's Restaurant, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1. II. VAIL TOWN COUNCIL JURISDICTION Pursuant to Section 12-3-3C-1, Appeal of Planning and Environmental Commission Decisions, Design Review Board Decisions And Art In Public Places Board Decisions: Authority, and Section 14-1-6, Appeals, Vail Town Code, the Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Design Review Board with respect to the provisions of Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Section 12-3-3C-2 and 12-3-3C-3, Appeal of Planning and Environmental Commission Decisions, Design Review Board Decisions And Art In Public Places Board Decisions: Initiation and Procedures, Vail Town Code, there are three basic procedural criteria for an appeal: May 15, 2018 - Page 51 of 131 A. Standing of the Appellants Pursuant to Section 12-3-2, Appeals, Vail Town Code, the appellant, Gasthof Gramshammer, Inc. / Pepi's Restaurant, has standing as an aggrieved or adversely affected party to appeal the Design Review Board's decision of April 18, 2018 decision (DRB18-0127). The appellant was the applicant for the Design Review Board permit, and owner of the property, that is the subject of the appeal. B. Adequacy of the Notice of the Appeal A copy of the Public Notice of the Vail Town Council May 15, 2018, Public Hearing was sent to the local newspaper on April 25, 2018 and published on April 27, 2018, pursuant to Section 12-3-3C-3, Procedures, Vail Town Code. (Attachment B) C. Timeliness of the Notice of Appeal Section 12-3-3C-3, Procedures, Vail Town Code, requires a written notice of appeals to be filed with the administrator within twenty (20) calendar days of the Design Review Board decision. On April 19, 20187, the appellant, Gasthof Gramshammer / Pepi's Restaurant, filed an appeal of the Design Review Board's April 18, 2018 decision. (Attachment A) IV. SUMMARY The question to be answered by the Vail Town Council regarding this appeal is: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines, properly applied in the decision to approve a request for replacement of the patio tent at Gasthof Gramshammer/ Pepi's Restaurant upon the condition that the Applicant also replace the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1? Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's decision of April 18, 2018. V. BACKGROUND In the summer of 2015, the appellant installed retractable awnings on the south patio at Pepi's Restaurant. No Design Review Board approval was obtained prior to installation Town of Vail Page 2 May 15, 2018 - Page 52 of 131 of the awnings. At the time, the appellant was also using individual table umbrellas to provide shade to patio customers. • On September 3, 2015, the appellant obtained a Design Review Board approval for the installation of two retractable awnings for the patio, as well as four retractable weather screens on the south side of the tent to replace free -hanging entry curtains (DRB150271). This application was effectively to legalize the awnings already in place. Approval from the DRB was conditional upon the following: 1. The applicant shall be permitted to extend and utilize the installed awnings until October 31, 2015. 2. Prior to any use or extension of the awnings any time after October 31, 2015, the applicant shall return to the DRB for review and approval of the installed awnings. 3. Use or extension of the installed awnings after October 31, 2015 without additional review and approval by the DRB shall be prohibited. • On May 4, 2016, the appellant obtained approval from the Design Review Board for an addition (DRB16-0107) with the condition that the awning approved under permit DRB150271 is removed before issuance of a building permit for the addition. • On July 6, 2016, the Design Review Board approved the appellant's application to install two retractable awning units, and to install four retractable weather screens, to replace the existing entry curtains (DRB16-0236). This permit made permanent the decision of September 3, 2015, which was for a limited duration. The DRB was concerned with the incompatible colors of the tent and the awning, but the July 6, 2016 application was approved with the following conditions: 1. When the existing yellow and white striped canvas awning at the west side of the property is replaced, the applicant shall replace the awning with a color that matches or is complimentary to the retractable awnings at the southeast side of the patio. Should the applicant propose to replace the existing yellow and white striped canvas awning at the west side of the property with the same color and material as approved for the southeast side retractable awnings, staff may approve the request. Should the applicant propose a different, but complementary, color replacement awning, Design Review Board approval shall be required. 2. At the time of the replacement of the existing yellow and white striped canvas awning at the west side of the property, the existing solid railings on the west side of the patio shall be replaced to match the color, materials, and style of the existing open style railings at the east end of the patio. Town of Vail Page 3 May 15, 2018 - Page 53 of 131 • On November 1, 2017, the Applicant obtained approval from the Design Review Board for replacing the worn out tent on the patio "same for same". The approval was conditioned upon the Applicant also replacing the awnings on the south side of the building in a color and material to match the patio tent (yellow and white stripes) at the same time that the tent is replaced. (DRB17-0462) • In April 2018, the tent at Pepi's Restaurant was torn during a wind event. On April 18, 2018, the appellant obtained approval from the Design Review Board for an application to replace the yellow and white striped tent upon the condition that the applicant also replace (at the same time as the tent) the patio awnings on the south side of the building with the same yellow and white stripes, or a solid yellow. The Design Review Board indicated that the different colors of the tent and awnings were not compatible with each other, and that the tent and awnings needed to be the same colors. • On April 19, 2018 the appellant submitted a formal letter of appeal concerning the DRB decision of April 18, 2018. (DRB18-0127) In the appeal letter (Attachment A), Gasthof Gramshammer / Pepi's Restaurant argues that the requirement of the Design Review Board to change the color of the awnings to match the yellow and white striped tent would be unattractive and would not do justice to the Gasthof Gramshammer Lodge. In the appeal letter, the appellant argues that the existing brownish -orange awnings are compatible with the color of the wood balcony above the awning. VI. APPLICABLE DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 — Zoning Regulations, Vail Town Code Chapter 7, Article B. Commercial Core 1 (CCI) District (in part) 12-7B-1: PURPOSE: The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and Town of Vail Page 4 May 15, 2018 - Page 54 of 131 to ensure continuation of the building scale and architectural qualities that distinguish the village. 12-7B-20: VAIL VILLAGE URBAN DESIGN GUIDE PLAN: A. Adoption: The Vail Village urban design guide plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail Village (CCI) and to guide the future alteration, change and improvement in the CC1 district. Copies of the Vail Village design guide plan and design considerations shall be on file in the department of community development. B. Revisions: Revisions to the Vail Village urban design guide plan and design considerations shall be reviewed by the planning and environmental commission with official action to be taken by the town council by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within thirty (30) days following the public hearing on the applications. 12-11-1: PURPOSE: A. Attractive Attributes Recognized: Vail is a town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B. Area Character Protection: These factors constitute an important economic base for the town, both for those who earn their living here and for those who view the town as a precious physical possession. The town council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the town council has created a design review board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the Town of Vail Page 5 May 15, 2018 - Page 55 of 131 promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 1. Recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. Allow for the development of public and private property which is in harmony with the desired character of the town as defined by the guidelines herein provided. 3. Prevent the unnecessary destruction or blighting of the natural landscape. 4. Ensure that the architectural design, location, configuration materials, colors, and overall treatment of built up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5. Protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 29(2005) § 30: Ord. 39(1983) § 1) 12-11-3: DESIGN APPROVAL: A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision. Town of Vail Page 6 May 15, 2018 - Page 56 of 131 8. Violation: It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the administrator and/or the design review board and the building official. Title 14 — Design Review Standards and Guidelines, Vail Town Code 14-10-1: PURPOSE: This chapter provides the design review standards and guidelines for development in the town of Vail. Actions of the staff and the design review board shall be guided by the objectives prescribed herein, the Vail Village urban design considerations and guide plan and the Lionshead redevelopment master plan, and by all of the applicable ordinances of the town and by the design guidelines in this chapter. 14-10-2: GENERAL COMPATIBILITY A. Structures shall be compatible with existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and colors, and compliance with the guidelines herein contained. B. Any building site in Vail is likely to have its own unique landforms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the natural landforms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. 14-10-5: BUILDING MATERIALS AND DESIGN C. Same Or Similar Materials: The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be nonreflective. Town of Vail Page 7 May 15, 2018 - Page 57 of 131 Vail Village Master Plan Chapter V. Goals, Objectives, Policies and Action Steps (in part) Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.1: The historical importance of structures, landmarks, plazas and other similar features shall be taken into consideration in the development review process. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Policy 2.2.1: The design criteria in the Vail Village Urban Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Policy 2.5.2: The town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate budding renovations without compromising life, health and safety considerations. Town of Vail Page 8 May 15, 2018 - Page 58 of 131 GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE WALKING EXPERIENCE THROUGHOUT THE VILLAGE Objective 3.3: Encourage a wide variety of activities, events, and street life along pedestrian ways and plazas. Policy 3.3.1: The Town encourages a regulated program of outdoor street activity in predetermined locations throughout the Village. Policy 3.3.2: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. Vail Village Urban Design Guide Plan — Design Considerations Architecture/Landscape Considerations Detail, details, style and overall appropriateness of a design for a given site. These considerations are reviewed primarily by the Design Review Board (DRB). FACADES — Color The intent of these regulations regarding color shall be to provide greater latitude in the use of color in Vail Village in order to create visual interest and to enliven the area. Colors used should retain a discernible consistency within a general range of colors relating well to the colors found in the surrounding mountain backdrop of Vail, but need not be specifically found in that environment. All colors used shall relate to the colors of the natural materials found on the buildings like wood tones, slate roof colors, stone colors and the like. Additionally all building colors shall work with the colors of the buildings in proximity as well as with all natural landscape materials found nearby. While there is no restriction per se on specific hues, primary colors of high chroma shall not be used on building surfaces but can be used in a limited fashion for accents. Body colors, both siding and stucco, shall be rich and lively but must be less chromatic shades, which relate to natural colors and can be either light or dark. All stucco shall have a flat finish. Generally, to avoid both "busyness", and weak visual interest, the variety of major wall colors (and materials — excluding glass) should not exceed four nor be less than two. A color/material change between the ground floor and the upper floors is a common and effective reinforcement of the pedestrian scale of the street. Town of Vail Page 9 May 15, 2018 - Page 59 of 131 High chroma colors can be used for signage, accents, doors, canopies, wall graphics and other similar elements as long as they do not dominate either the building they are used on, the adjacent buildings, or the streetscape (see E. Accent Elements). The color schemes for all properties shall be considered on a case-by-case basis. DECKS AND PATIOS Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street, making a richer pedestrian experience than if those streets were empty. A review of successful decks/patios in Vail reveals several common characteristics: - direct sunlight from 11:00 - 3:00 increases use by many days/year and protects from wind - elevated feet to give views into the pedestrian walk (and not the reverse) - physical separation from pedestrian walk of to (planter better than a wall) overhang gives pedestrian scale/ shelter. Decks and patios should be sited and designed with due consideration to: - sun - views - wind - pedestrian activity ACCENT ELEMENTS The life and festive quality of the Village is given by judicious use of accent elements which give color, movement and contrast to the Village. Colorful accent elements consistent with existing character are encouraged, such as: Awnings and canopies - canvas, bright color or stripes of two colors. Flags, banners - hanging from buildings, poles, and even across streets for special occasions. Umbrellas - over tables on outdoor patios. Annual color flowers - in beds or in planters. Town of Vail Page 10 May 15, 2018 - Page 60 of 131 Accent lighting - buildings, plazas, windows, trees (even Christmas lights all winter). Painted wall graphics - coats of arms, symbols, accent compositions, etc. Fountains - sculptural, with both winter and summer character. VII. DISCUSSION ITEMS 1. The appellant implies in the appeal letter that the decision of the Design Review Board is inconsistent with the Vail Village Urban Design Guide Plan — Design Considerations, that the suggested design would not be attractive, and that in fact, the awning colors requested by the appellant are compatible with the colors and design of the existing building. Per their appeal application, the appellant argues that Gasthof Gramshammer / Pepi's Restaurant is being asked to change the design of the awnings to another color that would not be attractive. The appellant argues that the yellow and white striped awnings, or solid yellow awnings, are not compatible with the design of the Gasthof Gramshammer and that the existing colors (yellow and white tent and brownish -orange awnings) are compatible. As shown in some of the Town's master planning documents above, awnings and the use of color are specifically mentioned in the Vail Village Urban Design Guide Plan — Design Considerations. These guidelines suggest "colorful accent elements consistent with existing character are encouraged, such as: Awnings and canopies - canvas, bright color or stripes of two colors". These master plans are intended to guide growth and change in ways that will enhance and preserve the essential qualities of Vail Village. These Design Considerations recognize that there is a distinctive design character to the Village and that this character is important to preserve. As in all cases of design, judgement is necessary to determine compatibility with existing materials, colors and building designs. VIII. REQUIRED ACTION Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's April 18, 2018 decision. Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board, the following statement is recommended: "The Vail Town Council upholds the April 18, 2018 Design Review Board decision to approve a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, Gasthof Gramshammer/ Pepi's Restaurant located at 231 Gore Creek Drive / Lot A, Block 58, Vail Village Filing 1." Town of Vail Page 11 May 15, 2018 - Page 61 of 131 With the following findings: "The Vail Town Code was properly applied in regard to the April 18, 2018 Design Review Board decision to approve a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, DRB18-0127 at Gasthof Gramshammer/ Pepi's Restaurant located at 231 Gore Creek Drive / Lot A, Block 58, Vail Village Filing 1." Should the Vail Town Council choose to overturn the determination of the Town of Vail Design Review Board, the following statement is recommended: "The Vail Town Council finds as follows: The Vail Town Code was not properly applied in regard to the April 18, 2018 Design Review Board conditional approval DRB18-0127. Furthermore, the Vail Town Council finds that the use of a yellow and white striped tent on the tent and the brownish -orange awnings on the patio are compatible with the existing design of the building, and are compatible with the Vail Village Urban Design Guide Plan — Design Considerations, and Title 12, Zoning Regulations, of the Vail Town Code, located at 231 Gore Creek Drive / Lot A, Block 58, Vail Village Filing 1. The Town Council hereby overturns the decision of the Design Review Board concerning the application for replacement of the tent and removing a condition of approval with application DRB18-0127 regarding the requirement of matching colors on the tent and awnings, located at 231 Gore Creek Drive / Lot A, Block 58, Vail Village Filing 1, and that the Vail Town Council hereby grants the requested Design Review Board application, as originally submitted by the applicant to the Town of Vail." IX. ATTACHMENTS A. Appeals Form - Gasthof Gramshammer / Pepi's Restaurant dated April 23, 2018. B. Copy of Public Notice, Proof of Publication C. Letter to Town Council D. Vicinity Map E. Photos of Site F. Rendering of Striped Awning G. Previous DRB Decisions Town of Vail Page 12 May 15, 2018 - Page 62 of 131 TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Appeals Form General Information: This form is required for filing an appeal of a Staff, Design Review Board or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision. Action/Decision being appealed: DR_ F7 ch. i^plb tA\-/1 It S Q �f R ow et/LA/ 1' Date of Action/Decision: R ' ( t `� 20/ 8 Board or Staff person rendering action/decision: S i lam' k ? (Jo. 5 Does this appeal involve a specific parcel of land? X Yes No If yes, are you an adjacent property owner? Yes %C No Name (s) of Appellant (s): ll ev-k. Mailing Address: 2� C-. CU- L ( Ge/6f� Physical Address in Vail: 2-S ( E Gore �l Legal Description of Appella f3 Property in V il: Lot: rT Block: 5e Subdivision: Ur^- ( Uri 1 F'i1 hS 1 Appellant (s) Signature (s).L01'� P_CG. Chi '• (Attach a list of signatures if more s�:ce is required.) Phone: (5-i) `f7b- S&,2 -h C"- k Q.-. SUBMITTAL REQUIREMENTS 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please site specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of prop- erty who are the subject of the appeal and all adjacent property owners (including owners whose proper- ties are separated from the subject property by a right-of-way, stream or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3). Submit this form and all submittal requirements to: Town of Vail Community Development Department 75 South Frontage Road Vail, CO 81657 For Office Use Only: Date Received: Activity No.: Planner: Project No: May 15, 2018 - Page 63 of 131 Nov 2013 Ad #: 0000231947-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 4/27/2018 and that the last publication of said notice was dated 4/27/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 5/4/2018. 444,a -y, Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 5/4/2018. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 .IERY LYNN MED VATFDF CVF.G am NOTARY?il Al n' -M598 catnaps ExPmaimoum,a TOWN OF VAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in as cordance with Section 12-3-6, Hearings, Vail Town Code, on May 15, 2018 at 8:00 pm in the Town of Vail Municipal Building, 75 South Frontage Road, Vail Colorado, in consideration of: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 ap- proving a request for replacement of the patio tent aI Pepi s Restaurant upon the condition that the Ap- plicant also replace the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC18-0001) Appellant: Gasthof Gramshammer, Inc., repre- sented by Sheika Gramshammer Planner: Chris Neubecker The applications and information about the appeal are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road, Vail, Colorado. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published in the Vail Daily April 27, 2018. 0000231947 May 15, 2018 - Page 64 of 131 From: Gasthof Gramshammer To: Chris Neubecker Subject: Gasthof Gramshammer Date: Tuesday, April 24, 2018 8:41:48 AM April 23, 2018 To the Members of the Town Council, I apologize that I am taking up your time again with a past issue, knowing how busy you are this time of the year. It is regarding the DRB decisions made on Aprill4th.regarding the Canvas Color over the covered Patio and the existing color of the retractable awning over the Porch. The last meeting I had with the DRB the Board did give me the approval of the yellow/white strived canvas for the Patio cover to replace the old and faded one ... with the condition attached that I change the existing color of the retractable Awning located over Restaurant Entrance which is a lighter brown canvas, almost of the same color of the balcony above, with the yellow/white striped canvas of the covered Patio... or with a solid yellow canvas. At that time, I accepted the change which I promised to do after the winter season. This winter, during a sunny day we have been ask by guests to be covered by the retractable Awning, it looked great and was appreciated. It was then that I consulted a Graphic Designer for advice. He had some photos put it all together for me to see how the front of Gasthof Gramshammer would look like with the whole Patio of Pepi's Restaurant in stripes ... or, as recommended by the DRB that the canvas cover on the Porch site would be a solid yellow cover instead of the existing brown. I did not care for that look. It is not us! The result does not do justice to Gasthof Gramshammer's Lodge which has not only been our Business in Guest service but also our home for 54 years. Over the years we have invested more time and effort on our outside in making sure that we are keeping the "Heart of Vail" alive! The life and festive quality of the Village has been given by judicious use of accent elements which give color, movement and contrast to the heart of Vail Village. I would very much appreciate if the Council could take another look at the whole picture and help me to make the right decision. Sorry for the inconvenience and time you are spending trying to help solving (hopefully) that "small" problem. Sheika Gramshammer May 15, 2018 - Page 65 of 131 Gasthof Gramshammer / Pepi's - 231 Gore Creek Drive Vail Village Filing 1, Block 5B, Lot A 0 25 50 I Feet 100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: <DATE> TOWN OF VAIL Mav 15, 2018 - Page 66 of 131 • i i Cre z 4 • M s iAlb eels% O 1 1 . 6 • f • it ottili # • • • ;41# ti .. I _ rAP -Pr F F _ • 9. I.1 ,#�_ 4 May 15, 2018 - Page 67 of 131 4 . '.., • 1 \��� � X•.1__ • A • r . • - / • .1(•§' • •b/ .2�.§,. sem :.��-q�/k\-3.-. 1. . � I+• 44 .,,rA 4 • . ._ ... •�, / \ • *del ram -40 — - __� - w - 1./401"17,%• - -_ — W. -- - -- - - a. or of , �, • —• -• _ -_ - vb. . ■■�01■■ e ■ 3 ® Rs. 1011101•0 " ' 4101, ■ a 41. . E . .. 4 f'w • ` -am -' • Ma 15, 2018 - Page 68 of 131 z. 1 hotel 1:: ; ; hof rntbarnmtt 1 T FL! L!!sNo! May 15, 2018 - Page 69 of 131 • 11 May 15, 2018 Page 70 of 131 5, 2018 - Pag. f 131 MG 2515.jpe. tt. s://mail.google.com/mail/u/O/#search/shei/1616cf8ab026a1 ad?projector- May 15, 2018 - Page 72 of 131 TOWN OF VAIL' ACTION FORM Design Review Board (DRB) Department of Community Development 75 South Frontage Road West Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Application Type: Project Description: Pepi's Awning 2016 Exterior Alteration Application Number: DRB16-0236 Date Applied: 06/22/2016 Install 2 new retractable awning units. Install 4 retractable weather screen, replace entry curtains. CONTACTS Contact Type: Applicant Full Name: Sign Design (Bryan Park) Address: Contact Type: Property Owner Full Name: GASTHOF GRAMSHAMMER INC Address: 231 E GORE CREEK DR VAIL, CO 816574512 Project Address: 231 GORE CREEK DR (210108210008) Job Site Location: Legal Description: Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 210108210008 Lot: A Phone: 970-471-6375 Phone: None Block: 5B BOARDS/STAFF ACTION Motion By: Kjesbo Second By: Forstl Vote: 5-0 Conditions: Action: Approved Date of Approval: 07/06/2016 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail building personnel prior to construction activities. Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3 Appeals. No changes to these plans maybe made without the written consent of Town of Vail staff and/or the appropriate review committee(s). When the existing yellow and white striped canvas awning at the west side of the property is replaced, the applicant shall replace the awning with a color that matches or is complimentary to the retractable awnings at the southeast side of the patio. Should the applicant propose to replace the existing yellow and white striped canvas awning at the west side of the property with the same color and material as approved for the southeast side retractable awnings, staff may approve the request. Should the applicant propose a different, but complementary, color replacement awning, Design Review Board approval shall be required. At the time of the replacement of the existing yellow and white striped canvas awning at the west side of the property, the existing solid railings on the west side of the patio shall be replaced to match the color, materials, and style of the existing open style railings at the east end of the patio. Planner: Matt Panfil May 15, 2018 - Page 73 of 131 TOWN OF VAIL' ACTION FORM Design Review Board (DRB) Department of Community Development 75 South Frontage Road West Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Pepi's Tent 2017 Application Type: Exterior Alteration Project Description: CONTACTS Contact Type: Full Name: Address: Contact Type: Full Name: Address: Project Address: Job Site Location: Legal Description: Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 210108210008 Application Number: DRB17-0462 Date Applied: 09/29/2017 Replace worn out tent on patio for new. Same for same replacement. Applicant GRAMSHAMMER, SHEIKA 231 E GORE CREEK DR 15 VAIL, CO 816574512 Property Owner GASTHOF GRAMSHAMMER INC Phone: None Phone: None 231 GORE CREEK DR (210108210008) (210108210008) Lot: A Block: 5B BOARDS/STAFF ACTION Motion By: Cahill Second By: Forstl Vote: 4-0 Conditions: Action: Date: Approved 11/01/2017 - The retractable awning on the south side of the building shall also be replaced in a color and material to match the dining patio tent (yellow and white stripes) at the same time that the tent is replaced. - Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail building personnel prior to construction activities. - Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3 Appeals. - Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. - No changes to these plans maybe made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Chris Neubecker May 15, 2018 - Page 74 of 131 TOWN OF VAIL ACTION FORM Design Review Board (DRB) Department of Community Development 75 South Frontage Road West Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Application Type: Project Description: CONTACTS Contact Type: Full Name: Address: Contact Type: Full Name: Address: Project Address: Job Site Location: Legal Description: Parcel Number: Pepi's Tent 2017 Change to Approved Application Number: DRB18-0127 Date Applied: 04/16/2018 Remove condition of approval concerning color of awnings Applicant GRAMSHAMMER, SHEIKA 231 E GORE CREEK DR 15 VAIL, CO 816574512 Property Owner GASTHOF GRAMSHAMMER INC 231 E GORE CREEK DR VAIL, CO 816574512 231 GORE CREEK DR (210108210008) Subdivision: VAIL VILLAGE FILING 1 210108210008 Lot: A Phone: None Phone: None Block: 5B BOARDS/STAFF ACTION Motion By: Cahill Second By: Campbell Vote: 4-1 Conditions: Action: Date: Approved 04/18/2018 - At the time of replacement of the yellow and white striped tent, the Applicant shall also replace the existing awnings on the south side of the building to either match the yellow and white striped tent, or in a solid yellow to match the yellow on the tent. - Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. - Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail building personnel prior to construction activities. - Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3 Appeals. - No changes to these plans maybe made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Chris Neubecker May 15, 2018 - Page 75 of 131 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. PRESENTER(S): Justin Lightfield, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon second reading. BACKGROUND: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. STAFF RECOMMENDATION: Staff recommends tabling this item to the June 19, 2018 Town Council meeting. May 15, 2018 - Page 76 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Exploratory Discussion for Survey Concerning Natural Area Preservation Rezoning (Middle Creek Subdivision) PRESENTER(S): George Ruther, Housing Director ACTION REQUESTED OF COUNCIL: Does the Vail Town Council authorize the expenditure of up to $7,500 to complete a more indepth analysis of the Tract A, Middle Creek Subdivision property to obtain additional objective information and data? BACKGROUND: On April 17, 2018, the Vail Town Council instructed staff to return to a future Town Council meeting with an estimated cost to obtain more in depth objective information on the property. Based upon initial probable cost estimates, up to $7,500 will be required to obtain the next level of information. STAFF RECOM M ENDATION: If the Vail Town Council wishes to better understand the feasibility of residential development on the property in question, the town staff recommends the Town Council authorizes the expenditure as requested to obtain additional objective information and data. May 15, 2018 - Page 77 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town of Vail Annual Resale Lottery Criteria Process — VL HA recommendation to Vail Town Council. PRESENTER(S): George Ruther, Housing Director and Steve Lindstrom, Chair of the Vail Local Housing Authority ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the recommendations for amendments, improvements and enhancements to the Town's resale lottery process. BACKGROUND: The purposes of this agenda item are four -fold: 1. share the adopted Town of Vail Annual Resale Lottery Criteria Process, 2. summarize the Vail Town Council member's feedback from the public meeting held on April 1 7th, 3. present the recommendation of the Vail Local Housing Authority for amendments, improvements and enhancements to the criteria and lottery process consistent with the goals and objectives outlined above, and 4. outline the next steps for implementation of an amended process once adopted by the Vail Town Council. STAFF RECOM M ENDATION: The Vail Local Housing Authority recommends the Vail Town Council instructs the Town's Housing Department to take the steps necessary to implement the amendments to the Town's resale lottery process as outlined in the staff memorandum. ATTACHMENTS: Description Staff Memorandum Process Presentation May 15, 2018 - Page 78 of 131 TOWN ofvain 75 South Frontage Road West Vail, Colorado 81657 vailgov.com Memorandum To: Vail Town Council From: Vail Local Housing Authority George Ruther, Director of Housing Date: May 15, 2018 970.479.2100 970.479.2157 fax Subject: Town of Vail Annual Resale Lottery Criteria Process — VLHA recommendation to Vail Town Council Purpose of this Memorandum The Vail Town Council requested that the Vail Local Housing Authority and the Housing Department review the existing Town of Vail annual resale lottery criteria process and recommend options for amendments, improvements and enhancements. The goals and objectives of the effort are to: • Improve efficiency (ie. cost) and effectiveness (ie. time) of the lottery process for both the Town and the applicants. • Ensure consistency, predictability and fairness in the process. • Increase alignment between the annual lottery processes with the Town's housing policies and objectives. • Reinforce emphasis on creating housing opportunities to maintain and sustain community; not just workforce. • Improve the opportunity for participation in the lottery amongst all persons eligible to own a deed -restricted home in Vail. • The opportunity to own deed -restricted housing in Vail is at the core of maintaining and sustaining community. • Increase participation and opportunity in the lottery selection process. The purposes of this memorandum are four -fold: 1) share the adopted Town of Vail Annual Resale Lottery Criteria Process, 2) summarize the Vail Town Council member's feedback from the public meeting held on April 17th 1 May 15, 2018 - Page 79 of 131 3) present the recommendation of the Vail Local Housing Authority for amendments, improvements and enhancements to the criteria and lottery process consistent with the goals and objectives outlined above, and 4) outline the next steps for implementation of an amended process once adopted by the Vail Town Council. It should be noted that the topic of discussion of this memorandum focuses on the eligibility to participate in the resale lottery process. The topic of discussion is not intended to focus on the terms of the Town's deed -restrictions themselves. Once eligibility for participation in the lottery is addressed and depending upon the final outcomes, additional discussion regarding the terms of the deed -restrictions themselves may be needed. II. Existing Annual Resale Lottery Process and Criteria The Town of Vail Housing Department conducts an annual resale lottery selection process to determine eligibility to bid and purchase for -sale deed -restricted employee housing units which may become available for purchase in the coming calendar year. This lottery selection process occurs the first week of June, annually. The procedures for the Town's annual resale lottery process are outlined in the Town of Vail Employee Housing Guidelines, adopted October 10, 1999. By and large, and specifically as it relates to the lottery process, the Guidelines have remained unchanged since their original adoption nearly twenty years ago. The Housing Department routinely receives feedback from annual resale lottery participants about the process. Unfortunately, not all of the feedback is positive. Some of the more frequently shared negative feedback includes comments regarding the following: • Participants must meet the deed -restriction criteria at the time of application instead of the time of purchase. • Household size requirements limit home purchase options and simply ignore future changes in lifestyle or family sizes. • Telecommuting and other forms of "work from home" employment is not allowed. • The weighted preference system limits participation and prevents persons from moving back into Town. • The tiered system conflicts with and is counter to the weighted preference system. • The entire process is time consuming, costly, inefficient, and nonresponsive to changes during the past 20 years. • The current process is anything but a true lottery and discourages participation. • Persons that currently own a home or a vacant residential lot in Eagle County can not participate. The following table indicates the number of annual resale lottery participates and number of annual resales occurring during the six-year period of time from 2012 to 2017. 2 May 15, 2018 - Page 80 of 131 Annual Resale Lottery Participation and Sales Statistics Years 2012 to 2017 Year # Participants # of Annual Resales 2012 3 1 2013 9 2 2014 12 4 2015 28 7 2016 31 3 2017 16 3 Avg. 17 3 A copy of the Resale Lottery Criteria is outlined below: Resale Lottery Criteria A. There are six basic eligibility requirements which must be met prior to an individual submitting a bid to purchase an employee -housing unit. 1. The applicant must intend to use the unit as his/her primary residence and maintain it as his/her primary residence in the future. 2. The applicant must be currently employed at a business located within Eagle County which holds a business license with the appropriate jurisdiction (Town of Vail, Town of Avon, etc.), must be employed an average of 30 hours each week on an annual basis, and must maintain this level of employment for as long as he or she owns the unit. 3. The applicant must demonstrate that at least 75% of his/her income and earnings are earned by working at a licensed Eagle County business. 4. Neither the applicant nor any member of the applicant's immediate family (including, but not limited to, spouse and children under 18 years of age) may own residential real estate in Eagle County at the time of application, except where that real estate is deed restricted as a Town of Vail employee housing unit with a resale appreciation cap. A current residence may not be deeded to a corporation or other entity in order to qualify the applicant for a Town of Vail deed restricted unit. 5. The applicant must be prequalified with a mortgage lender. 6. For all Town of Vail deed restricted three bedroom units, the applicant must have a household size of 3 or more persons. For the purposes of determining household size, applicants may include all persons related to the applicant by blood, marriage, or adoption. If the applicant plans to include dependents, they must be continuously listed on federal income tax forms and reside in the household at least six months 3 May 15, 2018 - Page 81 of 131 and one day out of every 12 month period of time. A pregnancy may be counted towards the family size requirement as long as a note from an Eagle County doctor is provided. B. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price (not to exceed the maximum bid price) during a bidding period shall have the first right to negotiate purchase of the unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference and be prioritized for selection as the top bidder based on the highest score using the criteria listed below. Each year of residency and employment in Eagle County will count as one point in determining the total score. Additional points will be determined as follows: 1. All current years of employment in Vail shall be weighted at 3:1 over years of employment in Eagle County. 2. All current years of residency in Vail shall be weighted at 3:1 over years of residence in Eagle County. 3. All years of residency and/or employment prior to a leave from Eagle County shall be given points at a 1:1 ratio regardless of location of residency or employment within Eagle County. C. Notes: 1. The physical place of residence and employment is what counts, not the mailing address. 2. Employment physically located on Vail Mountain shall be considered inside the Town of Vail. 3. Employment requiring work to be completed at locations "on-site" throughout Eagle County (e.g., construction sites) shall be considered outside the Town of Vail. 4. Seasonal work and part time work shall be counted on a pro -rata basis. Seasonal work and part time work alone may not be adequate to meet the 30 hours/week average annual requirement. This type of work may need to augment other employment to meet the minimum eligibility. 5. For the purposes of determining the standing of each applicant, each year of residency (or employment) reflects one point. For the portion of time in excess of a complete year, the Town will round to the next highest number if the time exceeds six months and one day. If the time is less than six months, the Town will round down. 6. If two individuals are applying jointly, the years of employment and/or residency shall not be combined. The single individual with the longest record of employment and/or residency shall use his or her record for the purposes of determining longevity. 7. Persons who own residences located in Vail or Eagle County at the time of the application deadline are not eligible. 4 May 15, 2018 - Page 82 of 131 8. All claims will be verified by Town of Vail staff. Claims of residence or employment that do not check out or are un -verifiable will not be counted in determining your longevity. 9. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will not be conducted and the unit will be awarded to the top tier applicant. A drawing to establish the reserve list will be held in the Housing Development office during regular business hours and shall be witnessed by the Town Clerk. 10. The application and any accompanying documentation shall become the property of the Town of Vail and will not be returned to the applicant. D. For all resales of existing Town of Vail deed restricted units, a permanent reserve lottery list will be used. The reserve list will be created using the exact same criteria outlined above. 1. The first person on the list will be offered the unit available for resale. If that person chooses not to take the unit, they will be dropped to the end of the list and the next person will have the option to purchase the available unit and so on, until a buyer is found. 2. The list will be updated by an annual lottery. 3. Separate reserve lists will be created for two bedroom and three bedroom units. III. Vail Town Councilmember Feedback The Vail Town Council held a public hearing on April 17, 2018, to discuss opportunities to amend, improve and enhance the annual resale lottery process. This hearing was the third of three such hearings hosted by the Town Council on this topic in the past 18 months. Following a presentation by town staff, input from the Vail Local Housing Authority, public participation, and discussion amongst town council members, the consensus of the Vail Town Council members and instruction to town staff included the following: • Simpler is better. • The 20 -plus year old, weighted and tiered, lottery system should be updated and replaced. • No changes to the deed -restrictions regarding annual hours of employment, income, legitimacy of business, etc. were requested. • The family size requirement should be eliminated. • An interested purchaser resale lottery participant list should be established and maintained by the Housing Department. • A separate and individual home specific lottery selection process should be implemented. • Minimum qualifications for participating in a lottery include: o Participation in a town or county -sponsored homebuyer education class o Signed acknowledgement of intent to comply with the terms of the subject deed restriction if selected to purchase. 5 May 15, 2018 - Page 83 of 131 o Pre -qualification from a lender establishing the financial ability to purchase said property. • Amend Resale Lottery Criteria #4 and #5. Specifically, the Town Council members asked to have the language prohibiting the applicant or any member of the applicant's immediate family from owning residential real estate in Eagle County "at the time of application" amended to state "at the time of closing". Secondly, the applicant must be prequalified with a mortgage lender "at the time of closing" rather than "the time of application". • The Town Council agreed with the recommendation of the Vail Local Housing Authority with the following changes: o A weighted form of preference is more appropriate. The lottery needs to allow all participants a chance of being selected. Thus, implement a lottery process that allows a chance for any applicant to be selected, yet grants increased probability of selection to applicants having demonstrated longevity of living and/or working in Vail. The number of prior years of lottery participation was not relevant. • There was not consensus among Town Councilmembers on the ability to participate in a lottery and purchase a deed -restricted if the applicant presently owns free-market residential property in Eagle County, yet was agreeable to deed -restricting said property if selected for purchase in the lottery. More Town Council and VLHA discussion on the trade-offs of this option is needed. o Potential trade-offs include: • Public perception of "double-dipping" into town provided subsidies • Zero sum gain of resident occupied dwellings • Subsidy vs. no additional subsidy • One time lump sum payment vs. multiple payments over time • Competing housing policies, goals and objectives To facilitate the discussion, it may be helpful for the Town Council to provided answers to the following questions: 1) As a housing policy, how important/relevant is it that the Town implements measures to protect and preserve existing resident occupied, non -deed -restricted dwellings in the event the current owner has an opportunity to purchase a town - sponsored, deed -restricted dwelling? 2) If deemed important/relevant, how is this policy best implemented? (i.e., purchase a deed restriction, allow multiple ownership, etc.) IV. Vail Local Housing Authority Recommendation Following careful and thoughtful review of the Town's annual resale lottery criteria and selection process the Vail Local Housing Authority finds that amendments, improvements and enhancements are needed to realize the goals and objectives for housing in Vail. To be successful, the resale lottery criteria and selection processes must be aligned with Town's goals and objectives for housing. In the minds of the Authority, in the absence of alignment, it is 6 May 15, 2018 - Page 84 of 131 unlikely that the Town will realize its desired results when it comes to housing in the community. To that end, the Vail Local Housing Authority has reviewed the current criteria and recommends that Vail Town Council authorizes the Housing Department staff to pursue revisions to the current criteria and lottery by taking action on the following: 1. Clearly define and adopt goals and objectives for the Town's lottery criteria and process. 2. Allow current residential property owners, including vacant residential land, to participate in the lottery with the understanding that they must either 1) deed - restrict their current residential property for employee housing, subject to Town Council approval, or, 2) dissolve their interest in the real estate prior to closing on the new deed -restricted property. 3. Phase out the weighted preference and tiered system and replace it with a true lottery process with preference, effective July, 2018. As an alternate option, replace the current system with a point system of preference that increases the probability that certain categories of persons (i.e., Vail residency, Vail business employee) are selected over another, yet still maintains an opportunity for all participating to be selected. To that end, the Vail Local Housing Authority recommends the following point system: • Meet minimum lottery participation criteria = 1 lottery ticket • Vail resident = 1 lottery ticket • Vail resident for equal to or greater than 10 years = 1 lottery ticket • Employed in Vail = 1 lottery ticket • Employed in Vail for equal to or greater than 10 years = 1 lottery ticket Maximum Total 5 lottery ticket Lottery ticket eligibility is determined as of the date of the lottery drawing. All tickets are placed in the tumbler at the time of the drawing selection. All tickets will be drawn from the tumbler to create an order of purchase priority. The Vail Local Housing Authority recommended this point system process for the following reasons: • Increased statistical probability of selection for those applicants having demonstrated longevity of residency and employment in Vail. • Grants an appropriate amount of increased probability to affect the outcome yet does not grant so much that otherwise discourages participation. • Increased efficiency and effectiveness of applicant and staff time, resources and money. • Ease of implementation and administration. • Ensures every applicant an opportunity of being selected to purchase a home. 7 May 15, 2018 - Page 85 of 131 ■ Furthers the adopted goals and objectives identified for the process. 4. Replace the annual lottery process with an individual and separate process for each home when it becomes available for purchase. This improves efficiency and effectiveness as lottery participants are only participating in lotteries for home types they wish to purchase 5. Eliminate the minimum household size requirements and thereby acknowledge the changes in lifestyle or family size that occur over time. 6. Simplify and streamline the application submittal process and minimize, to the extent possible, the materials required for participation to increase participate numbers and be more cost effective and efficient. 7 Prepare an administrative process for demonstrating eligibility and compliance with the terms of the deed -restriction and the employee housing guidelines. Currently, there is no prescribed process for administrative determination. Inevitably, however, as the Town's housing programs grow, situations and circumstances will arise whereby a determination will be needed. To ensure effectiveness and sound decision-making occur, criteria for consideration should be established and adopted to grant exceptions. It is likely most appropriate that the Vail Local Housing Authority, as an impartial five member authority appointed by the Vail Town Council, and not the Housing Department staff, be the entity which hears, evaluates and renders decisions in the administrative process. Examples of where this process would be most useful are when making determinations of legitimate business, employment, residency/occupancy, income generation, etc. V. Next Steps The Vail Local Housing Authority and the Housing Department staff are prepared to work through the details of implementing the amendments described herein. With Town Council direction, the Authority and the staff will return to the Town Council meeting on June 5, 2018 with more detailed proposals on how best to implement: 1) a point -based system for lottery participation, 2) a lottery process which is more streamlined and home type specific, and 3) an administrative process for making determinations of eligibility and compliance based unique situations and special circumstances. A new process can be in place effective July 4, 2018. Until that time, the 2017/2018 Resale Lottery List will remain in effect. 8 May 15, 2018 - Page 86 of 131 Annual Resale Lottery Process Amendments Vail Local Housing Authority Recommendation to the Vail Town Council May 15, 2018 May 15, 2018 - Page 87 of 131 Goals and Objectives... • Improve efficiency (ie. cost) and effectiveness (ie. time). • Ensure consistency, predictability and fairness. • Increase alignment. • Create home ownership opportunities. • Improve the opportunity for participation . • Maintain and sustain community. • Increase lottery participation. May 15, 2018 - Page 88 of 131 Shared Alignment... s( Simpler is better s( Update the 20 -year old process ✓ No changes to deed restriction terms s( Eliminate the family size requirement ✓ Create a separate lottery process s( Allow current residential property owners to participate s( Simplify and streamline the process ✓ Establish an administrative review procedure May 15, 2018 - Page 89 of 131 Direction Needed... 1) As a housing policy, how important/relevant is it that the Town implements measures to protect and preserve existing, resident occupied, non -deed - restricted dwellings in the event the current owner has an opportunity to purchase a town -sponsored, deed -restricted dwelling? 2) If deemed important/relevant, how is this policy best implemented? (i.e., purchase a deed restriction, allow multiple ownership, etc.) May 15, 2018 - Page 90 of 131 Point -Based Lottery... ■ Meet minimum lottery participation criteria = ■ Vail resident = ■ Vail resident for equal to or greater than 10 years = ■ Employed in Vail = ■ Employed in Vail for equal to or greater than 10 years = Maximum Total 1 lottery ticket 1 lottery ticket 1 lottery ticket 1 lottery ticket 1 lottery ticket 5 lottery ticket May 15, 2018 - Page 91 of 131 Next Steps... 1) a point -based system for lottery participation, 2) a lottery process which is more streamlined and home type specific, and 3) an administrative process for making determinations of eligibility and compliance based unique situations and special circumstances. A new process can be in place effective July 4, 2018. Until that time, the 2017/2018 Resale Lottery List will remain in effect. May 15, 2018 - Page 92 of 131 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 18, Series of 2018, A Resolution Approving an Amended and Restated Development Agreement Between the Town of Vail and Vail Clinic; and Setting Forth Details in Regard Thereto. PRESENTER(S): Matt Mire, Town Attorney and Tom Kassmel, Town Engineer ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or deny Resolution No. 18, Series of 2018 BACKGROUND: The Town must ensure that certain obligations of VVMC are met as the hospital completes the West Wing and begins redevelopment of the East Wing. To that end, VVMC is prepared to commit to the obligations in a Development Agreement, to demonstrate its commitment to the entire redevelopment. ATTACHMENTS: Description Resolution No. 18, Series of 2018 May 15, 2018 - Page 93 of 131 RESOLUTION NO. 18 SERIES OF 2018 A RESOLUTION APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND VAIL CLINIC, INC.; 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 and Vail Valley Medical Center ("VVMC") entered into a Development Agreement on or about July 16, 2015 (the "Original Development Agreement"), regarding the redevelopment of certain property owned by VVMC with an address of 181 West Meadow Drive (the "Property"). WHEREAS, the redevelopment of the Property (the "Project") includes two separate phases, the East Wing and the West Wing; and WHEREAS, the West Wing phase of the Project is nearing completion and the East Wing phase of the Project is commencing and the parties desire to amend and restate the Original Development Agreement to address public improvements and other development issues related to the Project. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Amended and Restated Development Agreement (the "Agreement") and authorizes the Town Manager to execute the Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of May, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 18, Series of 2018 May 15, 2018 - Page 94 of 131 AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement") is made on the day of , 2018 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality (the "Town") and Vail Clinic, Inc., a Colorado nonprofit corporation d/b/a the Vail Health ("VVMC") (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town and VVMC entered into that certain Development Agreement dated July 16, 2015 (the "Original Development Agreement"), regarding the property more particularly described in Exhibit A-1 attached hereto and incorporated herein. Due to the recent land exchange with the Evergreen Lodge and resubdivision of such property, the new legal description is described in Exhibit A-2 attached hereto and incorporated herein, which fully amends and replaces Exhibit A-1 (the "Property"). WHEREAS, the redevelopment of the Property (the "Project") includes two separate phases, the East Wing and the West Wing, as more particularly described in Exhibit B, attached hereto and incorporated herein by this reference; WHEREAS, the Planning and Environmental Commission of the Town on September 11, 2017 gave final approval of an amendment to the Conditional Use Permit for the Project, subject to the express conditions contained in such approval (the "CUP Approval"); WHEREAS, VVMC will continue to provide health care services to the community throughout the duration of the Project; WHEREAS, the West Wing phase of the Project is nearing completion and the East Wing phase of the Project is commencing and the parties desire to amend and restate the Original Development Agreement to address public improvements and other development issues related to the Project. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the Parties agree as follows: 1. Restatement; Process. The Parties agree that this Agreement completely amends and restates the Original Development Agreement and that the Original Development Agreement is deemed wholly terminated upon the mutual execution of this Agreement by the Parties. The Parties acknowledge that the Project involves two separate phases, the first phase being the West Wing and the second phase being the East Wing, as more particularly described in Exhibit B. 2. VVMC Obligations. a. Submittals. VVMC shall prepare all applications and related plans for the Project, in compliance with the Vail Town Code, at VVMC's sole cost. 1 I 5/10/20185/9/2018 May 15, 2018 - Page 95 of 131 b. Applicable Law. VVMC 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. c. Dedication of Easement. Prior to the issuance of the first certificate of occupancy for the East Wing, VVMC shall dedicate or convey to the Town all easements required by the CUP Approval, including without limitation, (i) an easement agreement as related to exterior areas and a license agreement as related to interior building areas, such non-exclusive easement and license to be located as generally depicted on Exhibit C-1 hereto and incorporated herein, for public pedestrian access through the Property from the South Frontage Road to West Meadow Drive, it being acknowledged that such easement agreement shall permit VVMC to maintain improvements within the easement, such as but not limited to landscaping improvements, valet stand, bicycle racks and the placement and use of a mobile imaging truck, provided that the remaining portions of the easement are sufficient for reasonable pedestrian access; and (ii) an easement agreement for public pedestrian access upon those portions of the sidewalk along West Meadow Drive located within the Property as generally depicted on Exhibit C-2 hereto and incorporated herein. d. Insurance. At a minimum, VVMC shall require its general contractor to carry not less than $4,000,000 of commercial general liability insurance covering death, bodily injury and property damage, and automobile comprehensive insurance. VVMC shall require its general contractor and subcontractors to maintain all required worker's compensation insurance. Upon request, VVMC and its general contractor and subcontractors shall provide written evidence to the Town of the existence of all required insurance policies described herein. e. Reimbursement Agreements. VVMC agrees that the various reimbursement agreements in place for consultants and attorneys necessary for the Town to process the applications submitted by VVMC in a timely manner shall remain in place through completion of the Project, and that any maximum amounts specified in such agreements shall be increased to amounts sufficient to cover costs incurred by the Town in processing the applications. 2 5/10/20185/9/2018 May 15, 2018 - Page 96 of 131 3. Public and Project Improvements. a. Public Improvements. In addition to VVMC's other obligations under this Agreement, VVMC shall construct and install the public improvements required for the Project in accordance with the applicable ordinances, codes and regulations and as described in Exhibits D-1, D-2, D-3 and D-4 attached hereto and incorporated herein by this reference and more fully discussed in this Section 3.a below (the "Public Improvements"). Construction of the Public Improvements shall be substantially completed prior to the issuance of the first certificate of occupancy for the East Wing. All references in this Agreement to VVMC maintaining a Public Improvement shall mean maintaining such Public Improvement until such time as it is accepted by the Town, in accordance with applicable Town ordinances and regulations. Notwithstanding the foregoing, VVMC shall maintain landscaping and sidewalks up to the curb line of the adjacent streets pursuant to Town Ordinances and regulations. The Public Improvements include, without limitation, improvements to South Frontage Road and West Meadow Drive, as follows: Construction or reimbursement of the construction of the improvements to the South Frontage Road located south of the south edge of proposed bike lane as shown on the plans set forth on Exhibit D-1 hereto (excluding the storm drain improvements shown thereon, which are discussed subsection (ii) immediately below), including curb and gutter, right turn lane, concrete bus pull out, sidewalk, landscaping, irrigation and street lighting. VVMC will install such improvements pursuant to its own design plans but VVMC and the Town agree to work cooperatively to revise such plans so to line up grades with the Town's own South Frontage Road design plans. ii. Reimbursement to the Town of its actual out-of-pocket costs for a maximum of two storm water inlets and 75' of associated storm sewer piping immediately adjacent to the Property within the South Frontage Road right-of-way as shown on Exhibit D-1 hereto. iii. VVMC agrees to provide the Town of Vail with necessary construction easements for the construction of the South Frontage Road improvements at no cost if determined that the Town of Vail's contractor shall construct any portion of the public improvements as shown in Exhibit D-1. iv. Reconstruction of sidewalk and new planter island along West Meadow Drive as shown on the plans set forth on Exhibit D-3 hereto. During the restoration of the West Meadow Drive paver sidewalk, the "art flow line" existing in the current pavers shall be restored back to its original configuration and alignment. A detailed survey of the flow line shall be completed prior to demolition, so that the flow line can be restored in the exact alignment and width. VVMC will contact the Town's Public Works department prior to reinstalling the art flow line. v. Installation of heat and snowmelt facilities required for sidewalks on the Property along South Frontage Road and West Meadow Drive as shown on the 3 5/10/20185/9/2018 May 15, 2018 - Page 97 of 131 plans set forth on Exhibit D-4 hereto (the "Snowmelt Improvements") which will include the installation of snowmelt tubing and necessary appurtenances within the sidewalk in front of the Medical Professional Building in anticipation of snowmelting the said walk in the future. VVMC agrees to install and operate a heat melt system in front of the Medical Professional Building at such time the existing boiler is replaced or with the demolition and redevelopment of the building. b. Water, Sanitary Sewer and Storm Sewer. VVMC shall construct all required water, sanitary sewer and storm sewer facilities in accordance with the rules and regulations of the Town and the Eagle River Water and Sanitation District. c. Drainage. i. VVMC shall construct drainage improvements in accordance with the rules and regulations of the Town. VVMC shall submit a final drainage study prior to the issuance of the first building permit for the East Wing. ii. As part of the drainage plan for the Project, VVMC shall route clean groundwater (from de -watering system) separately from stormwater. iii. All drainage improvements within the public rights-of-way shall be dedicated to the Town upon acceptance by the Town and thereafter maintained by the Town. All drainage improvements on private property shall be maintained by VVMC or private property owners subject to drainage easements to allow the Town to enter the property in the case that VVMC or such private property owners fail to adequately maintain such drainage facilities. d. Lighting. VVMC shall install all street and pedestrian lighting required for the Project in compliance with the Town's Design Guidelines, with attention to dark -sky compliant design and downcast lighting fixtures. e. Landscaping and Street Furniture. VVMC shall install and maintain all street trees, other landscaping and street furniture as depicted in plans approved as part of the CUP Approval and by the Town's Design Review Board, whether on private property or within public rights-of-way, at VVMC's expense in compliance with applicable Town regulations. f. Parking. i. Until delivery to the Town of the Lot 10 Parking (as described in subsection iv below), VVMC shall provide the Town a minimum of four (4) on-site parking spaces and four (4) off-site parking spaces (to compensate for the reduction to existing parking from the re -design of the West Parking lot) as set forth in a separate agreement between VVMC and the Town relating to Lot 10. ii. VVMC will construct on-site parking in accordance with the CUP Approval (the "On -Site Parking"). Until the construction of the On -Site Parking, VVMC shall provide a minimum of 41 net new off-site parking spaces, to meet the 4 I 5/10/20185/9/2018 May 15, 2018 - Page 98 of 131 parking requirements of the Project. For purposes of this Agreement, "net new" means spaces to which VVMC did not have access prior to March 23, 2015. iii. VVMC shall adhere to the Plan for Managed Parking Program, August 2017, as approved as part of the CUP Approval (the "Parking Management Plan"), in all matters referenced unless amended per the procedures of the Vail Town Code Section 12-16-10, Amendment Procedures. The Parking Management Plan is attached to this Agreement as Exhibit E and incorporated herein. iv VVMC shall (A) construct parking on Lot 10 substantially similar to the parking which existed at the time the parties entered into that certain Temporary Construction License Agreement related to Lot 10, including resurfacing and striping (the "Lot 10 Parking"), and deliver possess of the Lot 10 Parking to the Town upon the expiration of such Temporary Construction License Agreement, and (B) provide a non-exclusive access easement to the Town for ingress and egress from West Meadow Drive to the Lot 10 Parking over and across the driveway serving both VVMC and the Lot 10 Parking as generally depicted on Exhibit F hereto. g. Snowmelt Facilities. VVMC shall provide for the ongoing operation and maintenance of the Snowmelt Improvements (as defined in Section 3.a.v above) at VVMC's sole cost, and shall enter into the Town of Vail's standard Snowmelt Maintenance Agreement h. Loading Areas. VVMC shall adhere to the Management Plan for the Operation of the Loading Facility approved as part of the CUP Approval (the "Loading Facility Management Plan"), included on pages 20-22 thereof, unless amended per the procedures of the Vail Town Code Section 12-16-10, Amendment Procedures. Any vehicle unable to meet the requirements of the Loading Facility Management Plan due to size or other characteristics shall use the VVMC's west parking lot and shall at no times be permitted to access the loading facility. Middle Creek. As stipulated by the Original Development Agreement, VVMC has submitted to the Town a plan for cleaning and restoring the bank of Middle Creek adjacent to the Property. Improvements prescribed by this plan have been completed. Prior to June 1, 2018, Town staff shall review such improvements to confirm that they conform with approved plans. In event additional work is necessary to comply with the approved plans, VVMC shall complete such work by August 31, 2018. This work shall be re -inspected prior to the VVMC's relinquishing possession and control of Lot F-1, Vail Village, First Filing, to the Evergreen Lodge and any and all necessary repairs and/or modifications shall be completed within 6 months of inspection. j. Shell Space. Prior to the occupancy or use of any of the "shell space" of the Project as identified on Exhibit G attached hereto and incorporated herein, VVMC 5 5/10/20185/9/2018 May 15, 2018 - Page 99 of 131 shall have obtained an amendment to the CUP Approval per the procedures of Vail Town Code Section 12-16-10, Amendment Procedures. 4. Construction and Warranty. a. Plan. VVMC shall provide a construction management plan for review and approval by Town staff prior to the issuance of the first building permit for the East Wing. b. Phasing. Public Improvements may be constructed in phases, as required to serve the particular phase of the Project being constructed. For example, without limitation, it is acknowledged that the Public Improvements to the South Frontage Road as discussed in Section 3.a.i above, cannot be constructed until the Town has constructed its South Frontage Road improvements (e.g., grades will not line up, other logistical issues). VVMC and the Town agree to work cooperatively on appropriate phasing of the Public Improvements. c. Security. Prior to site disturbance for the Project, VVMC shall furnish to the Town either a cash escrow or an irrevocable letter of credit in an amount equal to 120% of the estimated costs of the Public Improvements required to support the phase of development for which the site disturbance is occurring. The Town shall have the right to draw against the security if VVMC fails to construct the Public Improvements for such development phase in compliance with this Agreement or applicable law. The Public Improvements for each phase of development will be set forth in a Development Improvements Agreement, in the Town's standard form. The letter of credit shall be in a form reasonably approved by the Town and issued by a financial institution reasonably satisfactory to the Town. The security shall be released as construction progresses in accordance with the Town's standard practices. d. Construction Standards. VVMC shall ensure that all construction and improvements are performed in a workmanlike manner in accordance with Town rules, regulations, requirements, criteria, and codes governing such construction and this Agreement. The Town shall have no duty to accept the dedication of any Public Improvement that is not constructed in compliance with this Section. e. Damage. VVMC 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. f. Completion. VVMC shall notify the Town when it deems a Public Improvement to be complete. g. Conditional Acceptance. Within 30 days of notification that the Public Improvements are complete, the Town will review the same and deliver a written Conditional Acceptance, or, for any that are not acceptable, specify in writing in reasonable detail which improvements are not acceptable and the reasons they are unacceptable. 6 5/10/20185/9/2018 May 15, 2018 - Page 100 of 131 h. Warranty. VVMC warrants and guarantees that, for two years from the date of Conditional Acceptance, the Public Improvements: will not fail, and will be constructed and installed in a workmanlike manner suitable for their intended uses; will be constructed in compliance with applicable federal, state, municipal, and special district statutes, ordinances, regulations, rules and codes; and will comply with all applicable land use approvals. i. Final Acceptance. Upon the expiration of the warranty period for any particular Public Improvement, and provided any breaches of warranty have been cured, the Town shall issue written Final Acceptance of such Public Improvement and, thereafter, the Town will accept and maintain such improvements. Upon VVMC's request, the Town shall confirm in writing the acceptance of such Public Improvement. 5. Fees. a. General. Except as expressly provided in this Agreement, VVMC shall pay all permit, plan review, and other similar fees to the Town in connection with the Project. b. Employee Housing. The Parties recognize that the Project will generate new employees, and as such, VVMC must mitigate the impacts on employee housing. In mitigation of those impacts, VVMC agrees to the following: i. West Wing Audit, Credit. It is acknowledged that VVMC has paid to the Town the "Employee Housing Payment" as defined and describe in the Original Development Agreement. Two years following the issuance of the first certificate of occupancy for the West Wing, the Town shall conduct an audit to determine how many new employees were actually generated by the West Wing during that two-year period. If that number exceeds 56, VVMC shall submit an additional cash -in -lieu payment for the additional employees. If that number is less than 56, the Town shall credit that portion of the Employee Housing Payment not attributable to the West Wing against the employee housing mitigation requirements for the East Wing as set forth in subsection ii below. ii East Wing Mitigation. Prior to the issuance of the first certificate of occupancy for the East Wing, VVMC shall demonstrate compliance with the required employee generation mitigation as set forth in the CUP Approval, subject to any adjustment in such mitigation pursuant to subsection i above. The required mitigation set forth in the CUP Approval is to provide off-site housing for 5.14 employees. Mitigation to be provided by VVMC purchasing and deed restricting dwelling units within the Town of Vail or purchasing deed restrictions as per the Town's "InDeed" housing program. iii. East Wing Audit. Two years following the issuance of the first certificate of occupancy for the East Wing, the Town shall conduct an audit to determine how many new employees were actually generated by the East Wing during that two- year period. If that number exceeds 59.9, VVMC shall submit a cash -in -lieu 7 I 5/10/20185/9/2018 May 15, 2018 - Page 101 of 131 payment for the additional employees. If that number is less than 59.9, the Town will provide a refund. c. Traffic. The Parties recognize that the East Wing will generate traffic impacts, and as such, VVMC shall pay to the Town a traffic impact fee in amount of $287,605.00 (the "Traffic Payment"), due prior to the issuance of the first certificate of occupancy for the East Wing. (The calculation of this fee includes all square footage existing at the time of this agreement and all new East Wing square footage inclusive of the Shell Space described in Section 3(j) above".) d. Bus Stop Contribution. VVMC shall pay to the Town the sum of Fifteen Thousand Dollars ($15,000.00) as a contribution towards the construction of a bus stop structure in front of VVMC along the South Frontage Road, due upon the issuance of the first building permit for the East Wing. 6. Breach and Remedies. a. By the Town. If the Town defaults on any obligation under this Agreement for any reason, VVMC may seek damages, but VVMC shall not be entitled to enforce this Agreement through an action for specific performance. b. By VVMC. If VVMC defaults on any obligation under this Agreement, the Town may: seek damages; draw on the letter of credit; and/or withhold issuance of building permits or certificates of occupancy not yet issued for any improvements on the Property until said default has been cured or waived. 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. 7. Miscellaneous. a. 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. b. Integration. This Agreement 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. c. Waiver. No provision of this Agreement 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. d. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. 8 5/10/20185/9/2018 May 15, 2018 - Page 102 of 131 e. Governing Law and Venue. This Agreement 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 Agreement shall be in Eagle County, Colorado. f. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. g. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and VVMC, and nothing contained in this Agreement shall be construed as making the Town and VVMC joint venturers or partners. h. Notices. A notice under this Agreement shall be in writing and may be given by U.S. Mail, postage prepaid, addressed as set forth herein; or hand -delivery. Notice shall be effective three days after mailing or immediately upon hand -delivery. The addresses of the Parties shall, unless changed in writing, be as follows: The Town: VVMC: With a copy to: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Chief Executive Officer Vail Clinic, Inc. 181 West Meadow Drive Vail, CO 81657 Chief Financial Officer Vail Clinic, Inc. 181 West Meadow Drive Vail, CO 81657 Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. j. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town and its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. k. 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 Property. 9 5/10/20185/9/2018 May 15, 2018 - Page 103 of 131 I. Rescission without Penalty. Notwithstanding any other provision of this Agreement, should the Town fail to approve any of the land use applications for the Project, either Party shall be entitled to rescission of this Agreement without any penalty whatsoever. Should the Town approve the applications, but the approvals are challenged by referendum or other legal action, either Party shall be entitled to rescission of this Agreement without any penalty whatsoever. m. Force Majeure. Neither the Town nor VVMC shall be in breach of this Agreement if a failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature or the authority and orders of government. 10 I 5/10/20185/9/2018 May 15, 2018 - Page 104 of 131 IN WITNESS WHEREOF, the Town and VVMC have executed this Agreement as of the Effective Date. ATTEST: Town Clerk By: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) TOWN OF VAIL: Town Manager VVMC: The foregoing instrument was acknowledged before me this day of , 2018, by as of Vail Clinic, Inc., a Colorado nonprofit corporation d/b/a the Vail Health. My commission expires: 11 I Notary Public 5/10/20185/9/2018 May 15, 2018 - Page 105 of 131 EXHIBIT A-1 ORIGINAL LEGAL DESCRIPTION Lot E and F, Vail Village, Second Filing, according to the map thereof recorded March 25, 1963 under Reception No. 97199, County of Eagle, State of Colorado. 12 5/10/20185/9/204-8 May 15, 2018 - Page 106 of 131 EXHIBIT A-2 NEW AMENDED AND RESTATED LEGAL DESCRIPTION Lots E and F, Vail Village, Second Filing, Lot E, Lot F and Lot F-1, a resubdivision of Lot F; Lot 2E, Vail/Lionshead, Second Filing, Block 1, a resubdivision of Lot 2, according to the recorded Plat thereof, recorded December 29, 2017 under Reception No. 201724580, County of Eagle, State of Colorado; and Lot 2E, Vail Village Second Filing, Lot E, Lot F and Lot F-1, a resubdivision of lot F; Lot 2E Vail/Lionshead, Second Filing, Block 1, a resubdivision of Lot 2, according to the recorded Plat thereof, recorded December 29, 2017 under Reception No. 201724580, County of Eagle, State of Colorado; and Lot 2E-1, Vail/Lionshead, Second Filing, Block 1, a resubdivision of Lot 2W, according to the recorded Plat thereof, recorded December 29, 2017 under Reception No. 201724579, County of Eagle, State of Colorado. 13 5/10/20185/9/204-8 May 15, 2018 - Page 107 of 131 -7" Exhibit Property Line r wlatkrANY /ANT aiiivxr r_,.. HUs APAI[7YE)IT May 15, 2018 - Page 108 of 131 TION Exhibit C-1 Interior License Agreement 1 West Meadow Drive EXIST! HUS AP Public pedestrian access through the property May 15, 2018 - Page 109 of 131 ExhibitC-2 PublicP ed stria n access through the property {porter of 51 waik o Vail Health Property) k INNIEN ImmEr West Meadow Drive May 15, 2018 - Page 110 of 131 Exhibit D-1 Approximate arca of improvement to be installed or pad for by Vail health. Area defined by curbline, inclusive of right turn lane and bus pullout. Right Turn Lane s • •• • s '7 str-m sewerpiping • Proposed .. Storm water Curbline . inlet Bus Pullout Property Line Proposed Curblirte fte Property Line May 15, 2018 - Page 111 of 131 r'�+may ~ `*g. {• N 4. Exhibit D-2 Right Turn Lane -7- r 1 11 r 21 ;y ui i 1 I' -i ; i i.:.: 1 I 1. # 1 CI' 1 1 Property Line r Medical Profession Building May 15, 2018 - Page 112 of 131 Exhibit D-3 Property Line T- i Planter Islands 1 MEADOW DRIVE Reconstructed i ewalz May 15, 2018 - Page 113 of 131 Exhibit D-4 nowm It Improvements 1 x -x J 1 Snowmelt Improvements T • W MEADOW DRIVE May 15, 2018 - Page 114 of 131 Lot 10 Exhibit F Approximate location of curb lines 1 Asphalt Area s g„..41, .4\ til *\411 Approximate location of Access Easement West Wing West Meadow Drive May 15, 2018 - Page 115 of 131 Exhibit I ftltl'.1'a'� IfItIF Si 1 0 LOB: Y .:111 SUP it; 320 2 SE., • I ti 1 G.$F C 1 321.2 .S CIRCULATION — PUBLIC nm:31., LY/'U ELIC SUPPORT 616.11 SF 631__bii- h 1442.4 Sr HF4Y�V111i1 Ii: 411 i -': 1 Polli VERTICAL RCUILATIOH 392.9 SF Level 2 Shell Space 0+1- 2,913 sf) May 15, 2018 - Page 116 of 131 Exhibit E RTICAL L .TFON 718 • -F i Level 5 Shell Space (+/- 12,558 sf) 1. {U + 907.5 Sr May 15, 2018 - Page 117 of 131 Exhibit 4 4 4 a 4 411 7 i Level 6 Shell Space +/- 12,668 sf ) i ,_ May 15, 2018 - Page 118 of 131 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Nature Center Update and Request for Funds PRESENTER(S): Todd Oppenheimer,Capital Project Manager/Landscape Architect ACTION REQUESTED OF COUNCIL: Approve a supplemental budget in the amount of $95,500 for the VNC project bring the total current budget to $151,000. BACKGROUND: The purpose of this discussion is to request supplemental budget funding by the Town Council for the continued on-going work on the Vail Nature Center (VNC) short-term actions intended to allow continuation of the VNC programming by the Walking Mountains Science Center. The total estimated cost of the short-term actions is approximately $151K. The current fund balance in the Vail Nature Center RETT account (RMT025) is $55,454 creating a projected budget shortfall of $95,500. ATTACHMENTS: Description Memorandum May 15, 2018 - Page 119 of 131 TOWN OF VAIL' Memorandum To: Vail Town Council From: Department of Public Works Date: May 15, 2018 Subject: Vail Nature Center Supplemental Budget I. INTRODUCTION The purpose of this discussion is to request supplemental budget funding by the Town Council for the continued on-going work on the Vail Nature Center (VNC) short-term actions intended to allow continuation of the VNC programming by the Walking Mountains Science Center. II. BACKGROUND On April 17, 2018 the Town Council was updated on the condition of the VNC building and directed staff to purchase a temporary yurt structure and continue remediation work on the issues concerning the access to the site and the existing building. Staff has placed the order for a 27' yurt and paid the 50% deposit required by the manufacturer. Staff has also designed and developed plans for placement of the yurt, electrical service, temporary restrooms and vehicular access. The Town will take delivery of the yurt on or around May 18, 2018. The previously allocated budget for the VNC project was sufficient to cover the cost incurred to date. Additional supplemental budget will be required to complete the reminder of the short-term actions. III. VAIL NATURE CENTER SHORT ACTIONS BUDGET The following outline details the estimated cost associated with implementation of the VNC short-term actions. SHORT TERM ACTIONS COST SUMMARY 27' DIAMETER YURT, FULL WIND SNOW PKG $ 6,190 QUOTE 27' DIAMETER CONCRETE SLAB $ 14,518 QUOTE FASTENER PACKAGE $ 400 ESTIMATE ELECTRICAL SERVICE TO YURT $ 12,500 ESTIMATE TEMP RESTROOM CONCRETE SLAB $ 6,565 ESTIMATE TEMP RESTROOM WOODEN SCREEN $ 8,200 ESTIMATE ACCESS DRIVEWAY IMPROVEMENTS $ 34,242 QUOTE ENVIRONMENTALTESTING COMPLETED $ 1,800 INVOICE TAXIDERMY CLEANING/PRESERVATION $ 1,000 QUOTE ENVIRONMENTAL CONSULTATION $ 1,316 INVOICE CLEANING AND SANITATION BUILDING $ 1,500 QUOTE RADON MITIGATION $ 1,000 ESTIMATE SECOND FLOOR STRUCTURAL $ 4,000 ESTIMATE ROOF MODIFICATIONS, METAL ROOF $ 19,000 QUOTE COMPOSTING TOILET REPAIRS $ 3,000 QUOTE DESIGN FEES SHORT-TERM $ 12,000 ESTIMATE SUBTOTAL $137,231 10% CONTINGENCY $ 13,723 TOTAL $150,954 May 15, 2018 - Page 120 of 131 The total estimated cost of the short-term actions is approximately $151K. The current fund balance in the Vail Nature Center RETT account (RMT025) is $55,454 creating a projected budget shortfall of $95,500. This total does not include improvements for ADA compliance or design and engineering fees for the next phase of community engagement and design for the VNC and ADA compliance. Staff is currently completing the scope of work and proposed fee structure for the next phases of the VNC project will return to the Town Council with an additional budget request at a later date. IV. TOWN COUNCIL REQUEST Staff requests the Town Council approve a supplemental budget in the amount of $95,500 for the VNC project bring the total current budget to $151,000. VI. RECOMMENDATION Staff recommends the Town Council approve a supplemental budget in the amount of $95,500 for the VNC project bringing the total current budget to $151,000. Town of Vail Page 2 May 15, 2018 - Page 121 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Renewal of TI GA Transit Advertising Agreement PRESENTER(S): Greg Clifton, Town Manager and Matt Mire, Town Attorney BACKGROUND: Current advertising agreement renewal date is May 30, 2019. Per Council's request, this amended contract will renew for a period of three years. ATTACHMENTS: Description TIGAAgreement May 15, 2018 - Page 122 of 131 ADVERTISING AGREEMENT THIS ADVERTISING AGREEMENT (the "Agreement") is made and entered into as of May , 2018 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and TIGA ADVERTISING, INC., a Colorado corporation with an address of P.O. Box 268, Vail, CO 81658 ("Tiga") (each a "Party" and collectively the "Parties"). WHEREAS, Tiga wishes to use Town buses and bus stop structures for advertising; and WHEREAS, in exchange for compensation, the Town wishes to grant Tiga the exclusive right to use Town buses and bus stop structures for advertising. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. GRANT The Town hereby grants to Tiga the exclusive right and privilege to solicit and sell commercial advertising and advertising space in the interior of all Town buses and bus stop structures located within the Town. The Town will make its best effort to provide as much display space as is reasonably possible. II. TERM AND TERMINATION A. Term. The term of this Agreement shall be a period of 3 years commencing on the Effective Date. B. Termination for Convenience. This Agreement may be terminated for convenience by either Party upon written notice to the other Party. If such notice is provided between May 2 and November 1, termination shall take effect the following May 1. If notice is provided between November 2 and May1, termination shall take effect the following November 1. The Town agrees to honor any advertising contracts in place at the time of termination for convenience. C. Termination for Cause. This Agreement may be terminated for cause when either Party fails to perform any obligation under this Agreement and fails to remedy the same within 30 days after written notice. The termination shall be effective immediately upon written notice. III. FEE A. Calculation. To compensate the Town for the rights granted in this Agreement, Tiga agrees to pay to the Town an annual fee of $72,000 or 55% of gross annual revenues, whichever is greater (the "Fee"). For purposes of this Section, "gross revenues" means the gross receipts received from advertisers for the display of their 1 5/8/2018 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 123 of 131 advertisements on the spaces and locations governed by this Agreement, subject to the following deductions: 1. A commission not exceeding 15% of the payments billed by Tiga to advertisers where 15% is actually paid or retained by advertising agencies. 2. A commission not exceeding 12.75% where actually paid to a national or regional representative advertising agency for "ship -in" business. 3. The amount of any sales, use, occupational and similar taxes imposed upon Tiga for activities performed under this Agreement. B. Pricing. Tiga shall have full control of the prices to be charged for advertising and the terms, conditions, and manner of payment by advertisers. Tiga shall not be responsible to the Town for the default of any advertiser, provided that Tiga shall take all reasonable steps to obtain payment of all monies due and unpaid, including the prosecution of necessary legal action. C. Public Service Announcements. For the purpose of avoiding unfilled spaces, upon the Town's written request, Tiga shall display public service announcements in any unfilled spaces at no cost to the Town or reduction in revenue share. A public service announcement (PSA), or public service ad, is a message in the public interest disseminated without charge, with the objective of raising awareness, changing public attitudes and behavior towards a social issue. D. Town Advertising. For the purpose of avoiding unfilled spaces, upon the Town's written request, Tiga shall display Town advertising in any unfilled spaces. The Town shall pay for any Town advertising that does not qualify as a public service announcement at a rate equal to 55% of the rate charged to commercial advertisers or such other rate as agreed to by the Town and Tiga at the time of the request E. Annual Statement. On or before January 31 of each year, Tiga shall annually furnish to the Town's Finance Director a true and accurate statement of all gross revenues for the preceding year, together with detailed documentation to support Tiga's calculation of gross revenues. With that statement, Tiga shall also furnish the rate sheet for the current year. The annual statement shall also include supporting documentation for advertising purchases made by the Town, such as a signed order form with duration and price of advertising. F. Payment. On or before January 31 of each year, Tiga shall pay to the Town's Finance Director the Fee for the preceding year. If full payment is not timely received, Tiga shall pay a penalty equal to the sum of $15.00 or 10% of the total amount due thereof, whichever is greater, plus interest on any delinquent amount at the rate of 1% per month from the date due to the date paid. 2 5/8/2018 C: I USERSI TNAGEL. VAILGOV.0241APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTL OOKICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 124 of 131 IV. TIGA'S DUTIES A. Costs. Tiga shall pay all costs incurred in connection with the advertising, including without limitation solicitation, design, preparation, installation and maintenance. 3 5/8/2018 C: I USERSI TNAGEL. VAILG0V.0241APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTL O0KICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 125 of 131 B. Materials, Maintenance and Utilities. 1. Tiga shall provide advertising cards, springs, hooks, and other material necessary for proper positioning of advertising. Frames shall be supplied and installed in buses by the Town. The Town Manager shall have the right to reject and prohibit the installation of or compel the removal of any advertising determined, in the Manager's absolute discretion, not suitable for display on Town property. 2. Tiga shall maintain all displays in good condition and in complete repair, provided that Tiga shall not be responsible for regular maintenance of buses and bus stops as performed by the Town. Tiga will have access to the buses as agreed to by the Fleet Superintendent or the Transportation Manager taking into consideration Tiga's need to access the buses and the Town's need to maintain the security of its facilities. 3. Upon Tiga's request, the Town may furnish electrical outlets and power to bus stop structures. Tiga shall pay to the Town cost of the installation of said outlets and the cost of the electrical current used by said outlets in the illumination or operation of any advertising material or display installed by Tiga. Tiga shall provide and install at its expense all bulbs and tubes. C. Books. Tiga shall establish and maintain a bookkeeping system satisfactory to the Town's Finance Director. Tiga shall keep true and complete records and accounts of all revenue and business transacted, including without limitation sales slips, cash register tapes, sales books, bank books, duplicate deposit slips, and other evidence of gross revenue. Tiga shall allow any authorized representative of the Town access to such books and records during regular business hours. Tiga shall maintain such books and records for at least 5 years after termination or expiration of this Agreement. D. Audit. The Town shall have the right, at the Town's cost, to audit Tiga's books and records relating to this Agreement. Tiga shall produce such books and records for examination by the Town within 30 days of written notice of the audit. If the Town, at Tiga's written request, agrees to make such audit on Tiga's premises, then Tiga agrees that it will, upon demand, reimburse the Town for the actual costs incurred in sending Town auditors to Tiga's premises. If the audit reveals that the gross revenues were understated by more than 1%, Tiga shall reimburse the Town for the cost of the audit. Tiga agrees that the Finance Director of the Town may inspect any sales tax return or report, and accompanying schedules and data concerning the concession, which Tiga may file with the State of Colorado, and Tiga waives any claim of confidentiality which it may have in connection therewith. E. Compliance with Laws. Tiga agrees to conduct its activities under this Agreement in accordance with all applicable laws, ordinances rules and regulations, and shall pay promptly all applicable taxes, license fees and permit fees. 4 5/8/2018 C: I USERSI TNAGEL. VAILG0V.0241APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTL O0KICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 126 of 131 V. INSURANCE A. Tiga agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Tiga pursuant to this Agreement. At a minimum, Tiga shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. 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 Tiga. Tiga shall be solely responsible for any deductible losses under any policy. C. Tiga shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VI. INDEMNIFICATION A. General. Tiga agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, 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 Tiga, any subcontractor of Tiga, or any officer, employee, representative, or agent of Tiga, or which arise out of a worker's compensation claim of any employee of Tiga or of any employee or any subcontractor of Tiga. 5 5/8/2018 C: I USERSI TNAGEL. VAILGOV.0241APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTL OOKICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 127 of 131 B. Intellectual Property. Tiga represents that it is now or prior to use shall be the owner of or fully authorized to use any and all words, designs, artwork, names and slogans used by it in its activities under this Agreement. Tiga agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from any loss, liability cost, expense, suit, or claim for damages in connection with any actual or alleged infringement of any patent, trademark, copyright or claim of unfair competition. VII. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Tiga hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Tiga will participate in either the E - Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Tiga shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Tiga that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Tiga has employees, Tiga has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E -Verify Program or the Department Program. 2. Tiga shall not use the E -Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Tiga obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Tiga shall: notify the subcontractor and the Town within 3 days that Tiga has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Tiga shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. 6 5/8/2018 C: I USERSI TNAGEL. VAILG0V.0241APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTL O0KICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 128 of 131 D. Duty to Comply with Investigations. Tiga shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Tiga is complying with the terms of this Agreement. E. Affidavits. If Tiga does not have employees, Tiga shall sign the "No Employee Affidavit" attached hereto. If Tiga wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Tiga shall sign the "Department Program Affidavit" attached hereto. VIII. MISCELLANEOUS A. 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. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. 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. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Independent Contractor. Tiga is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Tiga 7 5/8/2018 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 129 of 131 to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Tiga for all purposes. Tiga shall make no representation that it is a Town employee for any purposes. K. No Joint Venture. Notwithstanding any provision of this Agreement, the Town shall never be a joint venturer 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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: Patty McKenny, Town Clerk By: STATE OF COLORADO ) ) ss. COUNTY OF ) TOWN OF VAIL, COLORADO Greg Clifton, Town Manager TIGA The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2018, by as of Tiga Advertising, Inc. My commission expires: (S E A L) 8 Notary Public 5/8/2018 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICMQ3M3EV1 TIGA CONTRACT WITH EDITS INCLUDED.DOCX May 15, 2018 - Page 130 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 9:05 p.m. TOWN Of UAIL May 15, 2018 - Page 131 of 131