HomeMy WebLinkAbout2018-07-05 Agenda and Supporting Documentation Town Council Afternoon AgendaVAIL TOWN COUNCIL REGULAR MEETING
Agenda
Town Council Chambers
2:00 PM, July 3, 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 on any agenda item may be solicited by the Town Council.
1. Site Visits
1.1. Town Council site visits to environmentally sensitive lands identified in the
2018 update of the Comprehensive Open Lands Plan.
Presenter(s): Chris Neubecker, Interim Community Development Director
Background:
During the planning process, 106 private, undeveloped properties were
identified and studied for potential protection. Of these 106 parcels, 16 are
identified in the draft plan for protection. Of the privately owned lands
studied, those identified for acquisition or protection include parcels that:
• Are located adjacent to Gore Creek or one of its tributaries; or
• Benefit wildlife habitat by providing movement corridors or other
benefits; or
• Are inaccessible due to terrain or ownership, or where access would
have negative impacts on the land; or
• Include steep slopes or other environmental hazards.
2. DRB / PEC Update
2.1. DRB / PEC Update
Presenter(s): Chris Neubecker, Interim Community Development Director
3. Presentations / Discussion
3.1. Joint Meeting with Vail Local Housing Authority to present a conceptual
proposal from Gore Creek Partners to the Vail Town Council to sell up to 36
deed -restrictions at 6 West Apartments to the Town of Vail.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Is the Town Council interested in further
exploring a down valley deed -restriction purchase with Gore Creek
Partners, LLC, at the 6 West Apartments in Edwards, Colorado?
Background: The objective of the sale/purchase proposal is to address the
growing need for resident -occupied, deed -restricted homes for employees
working with the Town of Vail. To date, the Town of Vail has not contributed
financially to a down valley housing development.
90 min
5 min.
15 min.
3.2. 2018 Updated Housing Policy Statement Discussion. 30 min.
July 3, 2018 - Page 1 of 131
Presenter(s): George Ruther, Housing Director and Steve Lindstrom,
Chair, Vail Local Housing Authority
Action Requested of Council: Review revised housing policy statements and
provide any additional input or feedback.
Background: The objective of this exercise is to adopt updated housing
policies for the Town of Vail which aid in realizing the vision to be the
Premier International Mountain Resort Community and help to achieve the
goal of acquiring 1,000 new deed -restrictions by the year 2027.
Staff Recommendation: The Vail Local Housing Authority recommends the
Vail Town Council adopts the 2018 Housing Policy Statements, as
presented. An ordinance adopting the 2018 Housing Policy Statements will
be presented for first reading to Council on Tuesday, July 17, 2018.
4. Information Update
4.1. VLHA Meeting Results 5 min.
4.2. May 2018 Sales Tax Report
4.3. April 2018 Vail Business Review
4.4. June Revenue Update
4.5. Quarterly Investment Results
5. Matters from Mayor, Council and Committee Reports
6. Consent Agenda
6.1. Resolution No. 26, Series 2018, A Resolution Approving a Mutual Release
of Restrictive Covenant Amended and Restated Development Agreement
Between the Town of Vail and Alejandro Gonzalez Cimadevilla; and Setting
Forth Details in Regard Thereto
6.2. Resolution No. 27 Series of 2018, A Resolution Approving an
Intergovernmental Operations Agreement Red Sandstone Elementary
School Parking Structure (the "Agreement"); and Setting Forth Details in
Regard Thereto
6.3. Resolution No. 28, Series of 2018, A Resolution Approving an Amended
and Restated Reciprocal Hazardous Material Incident Intergovernmental
Agreement ("I GA") Between the Town of Vail and Regional Hazardous
Materials Association of Colorado; and Setting Forth Details in Regard
Thereto.
7. Town Manager Report
7.1. Town Manager Report 5 min.
7.2. Draft RFP for Civic Plan Area 30 min.
Presenter(s): Greg Clifton, Town Manager and Chris Neubecker, Interim
Community Development Director
July 3, 2018 - Page 2 of 131
8. Recess
8.1. Recess 5:00 p.m.
Dinner will be provided for Town Council
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
wwwvailgov.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.
July 3, 2018 - Page 3 of 131
TOWN Of UAIL
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town Council site visits to environmentally sensitive lands identified in the 2018
update of the Comprehensive Open Lands Plan.
PRESENTER(S): Chris Neubecker, Interim Community Development Director
BACKGROUND:
During the planning process, 106 private, undeveloped properties were identified and studied for
potential protection. Of these 106 parcels, 16 are identified in the draft plan for protection. Of the
privately owned lands studied, those identified for acquisition or protection include parcels that:
• Are located adjacent to Gore Creek or one of its tributaries; or
• Benefit wildlife habitat by providing movement corridors or other benefits; or
• Are inaccessible due to terrain or ownership, or where access would have negative impacts
on the land; or
• Include steep slopes or other environmental hazards.
ATTACHMENTS:
Description
Open Lands Tour Route
Open Lands Site Visit Map
July 3, 2018 - Page 4 of 131
Open Lands Plan — Driving Route
July 3, 2018
Start at Action Item #13 (in Vail Village) then:
West on W. Meadow Drive to Action Item #12 near Dobson Ice Arena
West on S. Frontage Road to Matterhorn Circle,
Loop around Matterhorn Circle
West on S. Frontage Rd to Conoco (Stop at Conoco - view Action Item #2),
N. Frontage Road in West Vail,
along east along Chamonix Lane to Action Item #5 at Chamonix Lane and Buffehr Creek Rd. Stop
at Buffehr Creek Bus Stop
N. Frontage Rd. east to Red Sandstone Rd. to Vail View Dr. (Action Item #10)
Left on Vail View Dr.(Stop at new Bus Shelter) Lions Ridge Loop, back to N. Frontage Rd.
East on N. Frontage Road to the mid Vail interchange,
to S. Frontage Road heading east, to Action Item #17 (stay on Frontage Rd)
S. Frontage Rd. east to Vail Mountain School (Action Item #19)
N. Frontage Rd. east to East Vail Housing parcel (Action Item #24)
Cross under at East Vail interchange, to Bighorn Rd.
Look at Parcel #20 from Bighorn Rd. (can turn right onto Bridge Rd. and Lupine Dr. if needed to
see the pond, Action Item #20, or park at TOV parking lot)
East to Columbine Drive (Action Item #21)
Across Bighorn Rd. to Columbine Dr. and Spruce Way
• Action Item #22 (Visible across valley)
• East on Bighorn Road, stop on Bighorn Road behind Vail Racquet Club. (Action Item #25, best
viewed from Bighorn Road)
• East on Bighorn Road, right on Main Gore Drive
• Right on Meadow Drive
• Left on Meadow Lane (View Action Item #27 behind homes on Meadow Lane)
• Left on Meadow Drive, stop at Vail Racquet Club swimming pool (view Action Item #26, across
from pool)
Back to Municipal Building
July 3, 2018 - Page 5 of 131
Open Lands Plan Site Visits
7/3/18 Town Council
Route Map Directions:
1. Action Item #13 — Small parcel of land on Gore Creek at International Bridge.
2. Action Item #12 — Parcel along Middle Creek east of Dobson Ice Arena.
3. Action Item #8 — Undeveloped lot on Matterhorn Circle.
4. Action Item #2 — Steep land behind Cortina Lane with no legal access. (Best viewed from Conoco Station.)
5. Action Item #5 — Corner lot at intersection of Buffehr Creek Drive and Chamonix Lane.
6. Action Item #10 — Steep lot above Sandstone Drive.
7. Action Item #17 — Small parcel of land immediately adjacent to the Vail Golf Course.
8. Action Item #19 — Steep lot in the Booth Falls neighborhood, with limited access and within rockfall hazard area.
Very limited development potential.
9. Action Item #24 — East Vail Housing parcel, owned by Vail Resorts.
July 3, 2018 - Page 6 of 131
10. Action Item #20 — Lot at end of Lupine Drive with existing pond.
11. Action Item #21— Property owned by the Bighorn Mutual Sanitation and Recreation Company, including pond
across Columbine Drive from East Vail Fire Station.
12. Action Item #22 — Large, steep parcel with no current legal access, behind Columbine Drive and Nugget Lane.
Property is within debris flow, avalanche, and rockfall hazard areas.
13. Action Item #23 — Property owned by Colorado Department of Transportation (CDOT). Property has potential for
development. Property is bisected by Bighorn Creek.
14. Action Item #25 — Between Vail Racquet Club and Bighorn Road. Mostly within floodplain for Gore Creek.
15. Action Item #26 — Parcel directly across Meadow Drive from Vail Racquet Club swimming pool. Avalanche hazard
area, rockfall hazard area, debris flow, and possible wetlands.
16. Action Item #27 — Steep parcel behind Meadow Lane. Rockfall and avalanche hazards.
Open Lands Plan Site Visits
7/3/18 Town Council
Route Map Directions:
1. Action Item #13 — Small parcel of land on Gore Creek at International Bridge.
2. Action Item #12 — Parcel along Middle Creek east of Dobson Ice Arena.
3. Action Item #8 — Undeveloped lot on Matterhorn Circle.
4. Action Item #2 — Steep land behind Cortina Lane with no legal access. (Best viewed from Conoco Station.)
5. Action Item #5 — Corner lot at intersection of Buffehr Creek Drive and Chamonix Lane.
6. Action Item #10 — Steep lot above Sandstone Drive.
7. Action Item #17 — Small parcel of land immediately adjacent to the Vail Golf Course.
8. Action Item #19 — Steep lot in the Booth Falls neighborhood, with limited access and within rockfall hazard area.
Very limited development potential.
9. Action Item #24 — East Vail Housing parcel, owned by Vail Resorts.
July 3, 2018 - Page 7 of 131
10. Action Item #20 — Lot at end of Lupine Drive with existing pond.
11. Action Item #21— Property owned by the Bighorn Mutual Sanitation and Recreation Company, including pond
across Columbine Drive from East Vail Fire Station.
12. Action Item #22 — Large, steep parcel with no current legal access, behind Columbine Drive and Nugget Lane.
Property is within debris flow, avalanche, and rockfall hazard areas.
13. Action Item #23 — Property owned by Colorado Department of Transportation (CDOT). Property has potential for
development. Property is bisected by Bighorn Creek.
14. Action Item #25 — Between Vail Racquet Club and Bighorn Road. Mostly within floodplain for Gore Creek.
15. Action Item #26 — Parcel directly across Meadow Drive from Vail Racquet Club swimming pool. Avalanche hazard
area, rockfall hazard area, debris flow, and possible wetlands.
16. Action Item #27 — Steep parcel behind Meadow Lane. Rockfall and avalanche hazards.
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: DRB / PEC Update
PRESENTER(S): Chris Neubecker, Interim Community Development Director
ATTACHMENTS:
Description
June 20, 2018 DRB Meeting Results
June 25, 0218 PEC Meeting Results
TOWN OF 1 X41
July 3, 2018 - Page 8 of 131
TOWN OF UAJt
DESIGN REVIEW BOARD
June 20, 2018, 3:00 PM
Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
1. Call to Order
1.1. Present: Doug Cahill, David Campbell, Bill Pierce, Peter Cope
Absent: John Rediker
2. Project Orientation
2.1. 1:30 PM
3. Site Visits
3.1. 3976 Lupine Drive - West Lupine LLC
3.2. 1337 Vail Valley Drive - Ozardam Investments LLC/Claire Foster Evans Trust
3.3. 241 East Meadow Drive - Vail Transportation Center
3.4. 2019 Chamonix Lane - Wohnlich & Moe Residences
3.5. 2841 Basingdale Boulevard - Moore Residence
3.6. 846 Forest Road - Eagle River Water & Sanitation District
4. Main Agenda
4.1. DRB18-0153 - West Lupine LLC
Conceptual review of a new duplex
Address/Legal Description: 3796 Lupine Drive/Lot 7, Bighorn Subdivision
2nd Addition
Applicant: West Lupine LLC
Planner: Justin Lightfield
4.2. DRB18-0185 - Jeranko Residence
Final review of new construction
Address/Legal Description: 5128 Grouse Lane/Lot 8, Block 1, Gore Creek
Subdivision
Applicant: Stanley & Karen Jeranko, represented by Martin Manley
Architects
Planner: Justin Lightfield
Doug Cahill moved to table to July 18, 2018. David Campbell seconded the
motion and it passed (4-0).
Absent(1) Rediker
July 3, 2018 - Page 9 of 131
4.3. DRB18-0189 - Nugent Residence
Final review of an addition
Address/Legal Description: 742 Sandy Lane/Lot 3, Vail Potato Patch Filing 2
Applicant: Dale & Elizabeth Nugent, represented by Martin Manley Architects
Planner: Justin Lightfield
Doug Cahill moved to table to July 18, 2018. David Campbell seconded the
motion and it passed (4-0).
Absent(1) Rediker
4.4. DRB18-0190 - Ozardam Investments LLC/Claire Foster Evans Trust
Final review of an addition
Address/Legal Description: 1337 Vail Valley Drive Units 1 & 2/Lot 4, Block 3,
Vail Valley Filing 1
Applicant: Ozardam Investments LLC/Claire Foster Evans Trust, represented
by Studio Spinnato
Planner: Justin Lightfield
1. Applicant shall provide consistency with stone, railings, garage doors
and colors.
Doug Cahill moved to approve with conditions. Peter Cope seconded the
motion and it passed (4-0).
Absent(1) Rediker
4.5. DRB18-0223 - Moore Residence
Final review of new construction
Address/Legal Description: 2841 Basingdale Boulevard/Lot 3, Block 8, Vail
Intermountain Development Subdivision
Applicant: Michael & Yoshimi Moore, represented by I ntermetrix Investments
Planner: Justin Lightfield
Doug Cahill moved to table to July 18, 2018. David Campbell seconded the
motion and it passed (4-0).
Absent(1) Rediker
4.6. DRB18-0139 - Wohnlich & Moe Residences
Final review of an addition & exterior alteration
Address/Legal Description: 2109 Chamonix Lane/Lot 29, Buffehr Creek
Resubdivision
Applicant: Martin Wohnlich & Warren Moe, represented by Victor Mark
Donaldson Architects
Planner: Jonathan Spence
Doug Cahill moved to table to July 18, 2018. David Campbell seconded the
motion and it passed (4-0).
Absent(1) Rediker
4.7. DRB18-0203 - Lodge at Vail
July 3, 2018 - Page 10 of 131
Final review of an exterior alteration (fence)
Address/Legal Description: 174 Gore Creek Drive/Lot 1, Lodge Subdivision
Applicant: The Lodge at Vail
Planner: Jonathan Spence
This application was withdrawn from this meeting at the applicant's request.
4.8. DRB18-0225 - Eagle River Water & Sanitation District
Final review of an exterior alteration (phased landscape improvements)
Address/Legal Description: 846 Forest Road/Lot 1, Eagle River Water &
Sanitation District Subdivision
Applicant: Eagle River Water & Sanitation District, represented by Zehren &
Associates
Planner: Jonathan Spence
Doug Cahill moved to approve. David Campbell seconded the motion and it
passed (4-0).
Absent(1) Rediker
4.9. DRB18-0216 - Solar Vail
Final review of a change to approved plans (design change)
Address/Legal Description: 501 North Frontage Road West/Lot 8, Block 2,
Vail Potato Patch Filing 2
Applicant: Sonnenalp Properties, Inc., represented by GPSLArchitects
Planner: Chris Neubecker
Doug Cahill moved to approve. David Campbell seconded the motion and it
failed (2-2).
Ayes: (2) Cahill, Campbell
Nays: (2) Cope, Pierce
Absent(1) Rediker
4.10. DRB18-0226 - Mailman Residence
Final review of an addition
Address/Legal Description: 1543 Matterhorn Circle Unit 6/Lot 6, Parkside
Villas
Applicant: Thomas L. Mallman 1978 Trust, represented by GPS Designs
LLC
Planner: Chris Neubecker
Doug Cahill moved to approve. David Campbell seconded the motion and it
passed (4-0).
Absent(1) Rediker
4.11. DRB18-0237 - Vail Transportation Center
Final review of a change to approved plans (HVAC elevation)
Address/Legal Description: 241 East Meadow Drive/Tract B & C, Vail Village
Filing 1
Applicant: Town of Vail, represented by Crown Castle
July 3, 2018 - Page 11 of 131
Planner: Chris Neubecker
1. Paint to match green
David Campbell moved to approve with conditions. Peter Cope seconded the
motion and it passed (2-1).
Ayes: (2) Campbell, Cope
Nays: (1) Cahill
Abstair(1) Pierce
Absent(1) Rediker
5. Staff Approvals
5.1. DRB18-0160 - Treakle Residence
Final review of an exterior alteration (deck/repaint)
Address/Legal Description: 5064 Black Gore Drive Units A & B/Lot 4, Vail
Meadows Filing 1
Applicant: Robert Treakle
Planner: Justin Lightfield
5.2. DRB18-0187 - McKibben Residence
Final review of an exterior alteration (landscaping)
Address/Legal Description: 5095 Main Gore Drive South Unit B/Lot 28, Vail
Meadows Filing 1
Applicant: Frank & Ellen McKibben, represented by Ceres Landcare
Planner: Justin Lightfield
5.3. DRB18-0196 - Kesavan Residence
Final review of an exterior alteration (patio door)
Address/Legal Description: 114 Willow Road Unit 660-661/Lot 7, Block 6,
Vail Village Filing 1
Applicant: Srinivasan & Amy Kesavan, represented by Renewal by Andersen
Planner: Jonathan Spence
5.4. DRB18-0211 - Proctor Hutto Residence
Final review of a change to approved plans
Address/Legal Description: 2014 West Gore Creek Drive Unit 5/Lots 41-43,
Vail Village West Filing 2
Applicant: Holly Proctor, represented by Martin Manley Architects
Planner: Chris Neubecker
5.5. DRB18-0219 - Baggaley Residence
Final review of an exterior alteration (deck/hot tub)
Address/Legal Description: 4352 Spruce Way Unit 5/Lot 9, Block 3, Bighorn
Subdivision 3rd Addition
Applicant: Jason & Jacqui Baggaley, represented by Gore Creek Properties
Planner: Justin Lightfield
5.6. DRB18-0224 - Stuper Residence
Final review of an exterior alteration (path/retaining wall/windows)
Address/Legal Description: 786 Potato Patch Drive/Lot 14, Block 1, Vail
July 3, 2018 - Page 12 of 131
Potato Patch Filing 1
Applicant: Andrew & Wanee Stuper Trust of March 2010, represented by
Benchmark Custom Builders, Inc.
Planner: Jonathan Spence
5.7. DRB18-0227 - Wren House Association
Final review of an exterior alteration (stairs/landscaping)
Address/Legal Description: 5024 Main Gore Drive South/Lot 7, Block 2,
Gore Creek Subdivision
Applicant: Bob Oppenheimer
Planner: Justin Lightfield
5.8. DRB18-0228 - Morken Residence
Final review of an exterior alteration (restucco)
Address/Legal Description: 4595 Bighorn Road Unit A-E/Lot 3-5, Block 1,
Bighorn Subdivision 3rd Addition
Applicant: Jonathan Morken
Planner: Chris Neubecker
5.9. DRB18-0230 - Mountain Meadow Condominiums
Final review of an exterior alteration (paint)
Address/Legal Description: 4682 Meadow Drive/Mountain Meadow
Condominiums
Applicant: Mountain Meadow Condominiums, represented by McNeill
Property Management
Planner: Jonathan Spence
5.10. DRB18-0231 - Smith Residence
Final review of an exterior alteration (A/C units)
Address/Legal Description: 44 West Meadow Drive Units 1 & 2/Lot I, Vail
Village Filing 2
Applicant: Michael S. & Iris Smith, represented by R.A. Nelson
Planner: Chris Neubecker
5.11. DRB18-0232 - Solaris Property Owner LLC
Final review of a sign (Lole)
Address/Legal Description: 141 East Meadow Drive Unit 112/Lot P, Block
5D, Vail Village Filing 1
Applicant: Christian LeFebvre
Planner: Jonathan Spence
5.12. DRB18-0233 - Galvin Residence
Final review of a change to approved plans (utility/trash/exterior)
Address/Legal Description: 303 Gore Creek Drive Unit 12/Lot 12, Block 5,
Vail Village Filing 1
Applicant: Michael P. Galvin, represented by KH Webb Architects
Planner: Jonathan Spence
5.13. DRB18-0236 - Elevated Dental
Final review of a sign
Address/Legal Description: 2109 North Frontage Road West/Vail Commons
July 3, 2018 - Page 13 of 131
Condominiums
Applicant: Justin Moses
Planner: Jonathan Spence
5.14. DRB18-0238 - Cahalin Residence
Final review of an exterior alteration (landscaping)
Address/Legal Description: 1816 Sunburst Drive/Lot 1, Vail Valley Filing 3
Applicant: John Cahalin, represented by Ceres Landcare
Planner: Jonathan Spence
5.15. DRB18-0239 - Yare Residence
Final review of an exterior alteration (landscaping)
Address/Legal Description: 2434 Chamonix Lane/Lot 11, Block B, Vail Das
Schone Filing 1
Applicant: Mark Yare, represented by Old Growth Tree Service
Planner: Jonathan Spence
5.16. DRB18-0240 - Morley Residence
Final review of an exterior alteration (landscaping)
Address/Legal Description: 1458 Greenhill Court/Lot 21, Glen Lyon
Subdivision
Applicant: Rebecca & Andrew Morley, represented by Ceres Landcare
Planner: Chris Neubecker
5.17. DRB18-0241 - Langmaid Residence
Final review of an exterior alteration (landscaping)
Address/Legal Description: 2940 Manns Ranch Road Unit 2/Lot 9, Block 1,
Vail Village Filing 13
Applicant: Charles & Patricia Langmaid, represented by Ceres Landcare
Planner: Chris Neubecker
5.18. DRB18-0242 - Breakaway West Condominiums
Final review of a change to approved plans (siding)
Address/Legal Description: 963 Lions Ridge Loop/Lot B3, Block B, Lion's
Ridge Subdivision Filing 1
Applicant: Breakaway West Condo, represented by Pierce Architects
Planner: Jonathan Spence
5.19. DRB18-0243 - Sun Dial Capital LLC
Final review of an exterior alteration (deck/railing)
Address/Legal Description: 1645 Golf Terrace Unit J34/Lot 1, Sunburst
Filing 3
Applicant: Sun Dial Capital LLC, represented by Jeff Lutz Builders, Inc.
Planner: Chris Neubecker
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
July 3, 2018 - Page 14 of 131
information. Sign language interpretation available upon request with 24-hour notification, dial
711.
July 3, 2018 - Page 15 of 131
PLANNING AND ENVIRONMENTAL COMMISSION
TOWN OF,,,DJune 25, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Rollie Kjesbo, Karen
Perez, Brian Stockmar
Absent: John -Ryan Lockman
2. Site Visits
2.1. Site Visit - 2841 Basingdale Boulevard
3. Main Agenda
3.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advise 10 min.
on specific legal matters Re: parking issues.
Applicant:
Planner:
Cancelled as Matt Mire unable to attend.
3.2. A request for the review of a Major Exterior Alteration, pursuant to Section
12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for
the conversion of two (2) back of house offices to two (2) Accommodation
Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail
Marriott Mountain Resort), and setting forth details in regard thereto.
(PEC 18-0024)
Applicantfliamondrock Vail Owner LLC, represented by Mauriello Planning
Group
Planner: Jonathan Spence
1. The applicant shall mitigate the impact on employee housing of this
development in accordance with the provisions of Chapter 12-23,
Commercial Linkage, Vail Town Code prior to the issuance of any
building permit.
2. The Transportation Impact Fee shall be paid to the Town of Vail by the
applicant prior to issuance of any building permit.
Planner Spence began by introducing the application and gave a
presentation with the plans and drawings. Spence stated a major alteration is
necessary when adding accommodation units. Spence added the project
has ample GRFA for the conversion. The newly adopted transportation fee is
applicable for the project.
Dominic Mauriello confirmed altering offices to two accommodation units.
He provided no further presentation.
Kurz confirmed no public input.
15 min.
July 3, 2018 - Page 16 of 131
PEC Comments
Kjesbo — The application is straight forward. No comments.
Gillete — Agree
Stockmar — No comments.
Perez — No comments.
Hopkins — No comments.
Kurz — Believes the applicant is complying with employee housing and
transportation provisions. Gaining two accommodation units is a positive for
the Town.
Brian Stockmar moved to approve with conditions. Brian Gillette seconded
the motion and it passed (6-0).
Absent: (1) Lockman
3.3. A request for the review of an Exemption Plat, pursuant to Section 13-12-3,
Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a
portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E,
Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch
Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC18-0025)
ApplicantVailPoint LLC, represented by Pylman & Associates, Inc.
Planner: Jonathan Spence
Planner Spence began by introducing the application and stated it would be
best to discuss Items 3.3 and 3.4 together. Spence presented three
correspondences provided to Staff through email. He then presented an
overview of both items.
Rick Pylman, representative of the applicant, provided a presentation to the
PEC. Pylman provided history on 366 Hanson Ranch Road. Lot D was
originally sold by Vail Associates in 1963, prior to zoning and subdivision
regulations. Prior to incorporation into the Town, Lot D was subdivided.
There are three parcels that were split off from Lot D. Pylman stated there
has been a fence area around the Lot for a long time and many subsequent
owners. Pylman clarified the areas around the Lot has been zoned Public
Accommodation. The blue area shown is the original deeded property, the
hatched areas, which are fenced, are outside the deeded area. Pylman
stated the area will all be zoned Public Accommodation.
Pylman stated there are covenants on D-1 and the subject property. The
applicant stated the covenants remain unaffected.
Spence added the covenants will remain unaffected per speaking with the
Town Attorney as well. He added this is private space.
Stockmar asked is there an anticipation of a potential expansion to the
house?
Pylman stated the lot becomes conforming to the minimum lot size.
15 min.
July 3, 2018 - Page 17 of 131
Stockmar stated the house is at its maximum for GRFA.
Gillete asked if there is a such thing as Private Open Space.
Spence stated we should clarify the zoning of the property since 1971 has
been as error since following the meets and bounds description. Staff
believes the property within the fence is private side and backyard, not Open
Space.
Perez asked why is the applicant replatting but not replatting into the correct
zone district.
Spence — The request to plat is to combine the two lots. The appropriate
zoning for this property per the adopted plans is PA.
Hopkins — Asked why the zone district is changing with this application.
Spence — Staff stated we do not allow properties to have multiple zoning. He
also clarified the hatched area of the fence now has a legal description and
is a parcel with the court's description. The hatched area is now under the
ownership of 366 Hanson Ranch Road after court order.
Perez — Are there any development agreements with Vail Resorts that affect
private agreements?
Spence — There was a workshop meeting with Town Council to discuss the
covenants that existed at that time and present day.
Pylman — Stated the client is looking at the possibility of building a lodging
type use within the site.
Stockmar — Asked if there is something happening in the background
outside of the application, such as expanding GRFA.
Spence — Clarified its current use as Single Family would not allow
expansion. There are underlying covenants that severely restrict future
development.
Kjesbo — If the applicant were to build in the future, Kjesbo clarified the
setbacks for the zone district.
Kurz — Asked Spence to clarify the notice requirements of the PEC.
Spence — Listed the recipients of the notice, which met all requirements of
the Code.
Pylman — Did add the newspaper notice was met as well.
Public Comment
Carol Krueger — Kruger was one of the email correspondents with staff. She
asked what reasonable expectations for redevelopment could occur on the
site. Kruger then explained the history of Lot D. She asked the Town to be
clear what the expectations are as this property has been zoned Open
Space. She asked does the Town intend for this property to remain Open
Space in the future. Kruger stated a plat restriction was a viable option.
July 3, 2018 - Page 18 of 131
Spence — Private covenants and zoning are two separate matters. As far as
open space, covenants relate to above ground improvements. The
expectation for a redevelopment is that the lot will be developed per the lot's
zone district. The Town generally does not zone a private space as Open
Space.
Gillete — How is the private open space maintained through a development,
such as Grand Traverse.
Spence — It would not be a rezoning, but would be an amendment to the
development plan.
Hopkins —Asked what would happen if the Town did not vote to change the
zoning.
Spence — Explained the consequences of not voting for approval of the
application. Spence stated the Town of Vail is a party to the covenants,
including members of the subdivision and different layers.
Gillette —Asked how the PEC would preserve the open space.
Spence — Stated this has functioned as private property. It has the zoning of
Agricultural and Open Space. The historic property line has existed for over
50 years and has been perceived as private open space as the backyard of
the single family home.
Sarah Baker (Attorney for the applicant)— To enforce the covenant is the
best way to verify the area is not developed in the future. Stated the Town
has enforceable covenants which it can enforce.
Gillette —Asked if the applicant would plat the area as Open Space.
Stockmar — Stated the PEC has not seen the covenants.
Spence —Added the covenants should not influence the PEC's decision
today.
Sarah Baker — Explained the three covenants.
Kurz — Stated the PEC is asked to review what is before the PEC today.
The PEC is now faced with cleaning up something that was created 50
years ago. Kurz stated the PEC look at the two items (3.3 and 3.4) together
and vote on the direction that the PEC has been asked today or table if the
public has not been provided enough information.
Stockmar — Stated this is a difficult parcel with much time that has passed
since this has been done.
Spence — Clarified that Commissioner Stockmar is referring to one owner.
Stockmar — Wants to know the history and what is going on present day. He
is trying to figure out what is going on and cannot make a decision based on
uncertainties.
Spence — Stated you are being asked today to vote on a consolidated
exemption plat and a recommendation to Town Council for a rezoning.
July 3, 2018 - Page 19 of 131
PEC Comment
Gillette — A split rail fence should not dictate the Town of Vail zoning Code.
Stated it should remain the way it is today. The intent that the area was
intended to be Open Space and should remain as open space.
Stockmar — Stated the PEC look at tabling the application and have the
applicant provide the applicable covenants.
Perez — Asked for the "linked commitment"
Baker — Stated she could read the three covenants. Baker then read the
applicable private covenant recorded July 8, 1963, which references the
south area, not D-1. Baker then read the covenant for Tract E. Baker read
the covenant from 1971.
Gillette — The PEC cannot enforce the covenants, but can enforce open
space.
Kjesbo — Stated he believes it should be consolidated. The PEC cannot deal
with private covenants, but they are in place. He stated he would like to see
the application approved.
Hopkins — The zoning was implemented in 1971 around the Tivoli. It was
intended for the area to be open space and she wants to preserve the area.
Hopkins wants to enforce the covenants around D-1. It is one of the few cut
through points to the mountain during the winter.
Kurz — Agrees with Kjesbo. Stated he had a concern earlier with notification
and stated notices were given appropriately and on time. The fact that the
PEC received three letters today, means the PEC should not table today
due to the notice.
Nuebecker — Stated the PEC should focus on the zoning criteria.
Perez — Asked who is in violation to the view corridor.
Spence — Confirmed there is no view corridor on site. The existing
covenants and zoning would provide development standards and protections.
Hopkins — Asked about the potential to build a 24' wide drive aisle near the
trail.
Stockmar — It appears the applicant has met the requirements that are
necessary to be met.
Kurz — Stated the PEC should not ignore the findings provided by Staff. The
decision should be based on Staff's findings and the criteria provided.
Gillete — Motioned for denial based on Goal #4 of the Vail Village Master
Plan. The motion failed without a second.
Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it
passed (4-2).
Ayes: (4) Hopkins, Kjesbo, Kurz, Stockmar
Nays: (2) Gillette, Perez
July 3, 2018 - Page 20 of 131
Absent: (1) Lockman
3.4. A request for a recommendation to the Vail Town Council for a zone district 20 min.
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for the rezoning of two parcels of land located in the vicinity of
366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth
Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will
change the Zone District from Agriculture and Open Space (A) District to the
Public Accommodation (PA) District, and setting forth details in regard
thereto. (PEC18-0022)
ApplicantVailPoint LLC, represented by Pylman & Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it
failed (3-3).
Ayes: (3) Kjesbo, Kurz, Stockmar
Nays: (3) Gillette, Hopkins, Perez
Absent: (1) Lockman
3.5. A request for review of Major Exterior Alteration, pursuant to Section 12-7B- 45 min.
7, Exterior Alterations or Modifications, Vail Town Code, to allow for
construction of a new multifamily structure with below grade parking, located
at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1,
and setting forth details in regard thereto. (PEC18-0016)
The applicant is returning to the PEC to discuss discreet elements of the
project. No request for formal action is being made at this time. Staff requests
that this item be continued to the July 9, 2018 Planning and Environmental
Commission meeting.
ApplicantBattle Mountain LLC, represented by Braun Associates, Inc.
Planner: Jonathan Spence
https://www.youtube.com/watch?v=OanGZnfflns&t=11s (Video of automated
parking system)
Planner Spence began by introducing the application and gave a brief
overview.
Tom Braun then spoke on behalf of Battle Mountain LLC. Braun wanted a
follow up to what happened at the previous PEC meeting. The applicant
made refinements to the plans and intends to present the revised plans today.
Braun walked the PEC through today's agenda covering discussion topics
from the 6/11 staff memo. Today's follow up discussion will cover live beds,
setback variance/west wall, and roof and wall interface.
Setback Variance — The site plan shows unified development at the site. The
setback allows for the sites to be merged together. Braun showed several
different solutions to the large western wall, including a mountain graphic
profile.
Kurz — Stated Braun has addressed the PEC's original comment. Stockmar
agreed.
Roof/Wall Interface — Stated the applicant looked at a lot of different
solutions. The south elevation was shown. The dormer brought out to edge
July 3, 2018 - Page 21 of 131
and removed large eave line.
Stockmar — Stated the applicant accommodated the PEC's request and is
moving in the right direction.
Spence — Staff has had the opportunity to review what the PEC sees before
them today. Staff is supportive of the changes.
Roof Material and Snow Shedding — Braun shared photos from other
examples of buildings in Town showing the material.
North Elevation — The rendering shows changes to windows and the dormer
added. This shows the reduction in balconies and windows to reduce
intrusion of the property to the north.
Automated Parking —Automated is used to increase efficiencies, particularly
when working with a small lot and dense areas. There has been a rapid
increase in automated systems in the United States.
Braun then shared a video of the automated system. Braun stated two cars
can move simultaneously with two elevators. The technology will either be
ticket based or fob based systems.
Gillette — Asked if a traffic study would be completed to study the demand
ratio to number of cars would work in the Town of Vail.
Braun — Stated the system can park a car within 90 seconds. The parking is
not for retail parking.
Gillette — Asked if City Lift has dealt with a large amount of silt and salt
during the winter months.
Braun — Maintenance occurs quarterly, but the rate can be increased, if
necessary during the winter months. A system has been installed in
Wisconsin and has been running well, even during the winter months. On the
operations side, most issues are fixed on a computer in LA. One example is
a switch goes out, then a local service provider is sent on sight.
Stockmar — Confirmed access will be taken from the existing alley, which is a
nightmare currently when traffic backs up.
Braun — A good portion of the alley is in the shade. The alley will be heated
to address the past ice issues.
Stockmar — Asked how will parking violations be avoided in the future along
the alleyway.
Braun — Both parties will remedy the situation in the future.
Kjesbo — Asked if a ramp system would work?
Kit Austin — Pierce Architects looked at ramp systems and the ramp would
be inefficient, if not impossible.
Braun — Confirmed there will be two elevators for the cars.
Stockmar — Asked if there will be a connection to the property to the west.
July 3, 2018 - Page 22 of 131
Braun — Confirmed there will be no connection.
Pay in Lieu Parking — Parcels in green are the Village Core Area and a few
areas to the eastern side of Lionshead to be within the zone. Parking cannot
be located on the sites within the zone. Braun explained the rationale for the
amendment for the area to be removed from the pay in lieu area.
Existing/Interim/Proposed Parking — Braun presented existing parking
spaces, including the following:
Launch — 52 spaces
Lazier — 91 spaces
• Total — 143 spaces
Proposed Parking includes a total of 71 spaces or more. 91 spaces
are currently shown on plans.
PEC Comments
Kjesbo — Asked can the PEC provide the applicant how to allocate
parking.
Spence — No
Stewart McNab — Stated there is more than the Launch application.
Requested a Condition of approval — parking should match at least the
number that is there currently.
Spence — The review of the demo of the top deck is not under the
purview of the PEC and there is no time limit of when it should be
replaced with redevelopment.
Stockmar — Stated staff provided the PEC with parking plans during
the interim highlighted in the memo.
Dale Bugby — Stated parking in Lionshead is in high demand and of
high value. The original letter than talked about 69 spaces needed to be
protected on the site. There are now four buildings without parking
spaces that cannot be utilized today. Concerned about closing ramp,
which is an access point for his property.
Gillette — Asked if Matt Mire will be at the next meeting.
Spence — Stated it will be an executive session and specific questions
should be highlighted before meeting with the Town Attorney.
Bob Lazier — Stated 69 spaces for Lift House is not the correct
number. Parking will be covered in the future by replacing what is there
currently with the same number, if not more parking.
PEC Comment
Kjesbo — The applicant reviewed the PEC's questions. He is still mixed
on mechanical parking, but understands why the applicant needs to do
it. Still questions the north side from a design perspective, but the DRB
will review the elevation. The applicant addressed the roof very well and
looks forward to the final design.
July 3, 2018 - Page 23 of 131
Gillette — No comment.
Stockmar — Thanked the applicant for resolving the lid issue. The north
facade is still boring, but it is outside the PEC's purview to address. He
has seen the automated parking work over the years, even in bigger
buildings.
Perez — Thanked Staff and the applicant for addressing concerns.
Concerned though over the size of the parking garage due to the large
number of visitors. Perez asked for clarification over size of vehicles
and if the garage can accommodate most vehicles.
Kjesbo — Worried about sludge and maintenance of the automated
garage. Asked how long it could take to fix an issue with the garage.
Hopkins—Appreciated the changes and the plans are getting better.
Kurz — Believed the building is more appealing today than at the last
meeting. Kurz would like to see more in terms of the automated parking
video and how it would work in Vail's environment. Additionally, how the
winter climate will impact the garage with slug and build up. He stated
there are 69 spaces for Lift House and others state this is not correct.
He would like to see the parking issue agreed to by all parties.
Braun — Stated he and the applicant will return with more information
on the parking system. Braun stated he wants to focus on Launch's
property today, not Bob's project.
Kjesbo — Stated if the applicant meets the parking requirement, the
PEC should not have to review private agreements.
Staff requests all four items be tabled to July 9 meeting.
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
3.6. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the
property lines between two (2) development lots located at 500 & 534 East
Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting
forth details in regard thereto. (PEC18-0017)
Staff will not be providing a staff memorandum for this item. Staff requests
that the Planning and Environmental Commission continue this item to the
July 9, 2018 meeting.
Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by
Braun Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
5 min.
July 3, 2018 - Page 24 of 131
3.7. A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund
Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail
Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail
Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking
regulations purposes, and setting forth details in regard thereto. (PEC18-
0019)
Staff will not be providing a staff memorandum for this item. Staff requests
that the Planning and Environmental Commission continue this item to the
July 9, 2018 meeting.
Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by
Braun Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
3.8. A request for the review a variance from Section 12-7H-10, Setbacks, Vail
Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to
allow for a rear setback of zero feet (0') where ten feet (10') is required for a
new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3,
Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto.
(PEC18-0018)
Staff will not be providing a staff memorandum for this item. Staff requests
that the Planning and Environmental Commission continue this item to the
July 9, 2018 meeting.
Applicant$attle Mountain LLC, represented by Braun Associates, Inc.
Planner: Jonathan Spence
Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the
motion and it passed (6-0).
Absent: (1) Lockman
3.9. A report to the Planning and Environmental Commission on the
Administrator's approval of an amendment to an existing Conditional Use
Permit, pursuant to Section 12-8B-3, Conditional Uses; Accessory buildings
(permanent and temporary), Vail Town Code, to allow for the replacement of
the existing golf starter shack with a new starter shack building at the Vail Golf
Course, located at 1655 Sunburst Drive, a collection of platted and unplatted
parcels (a complete legal description is available at the Community
Development Department Office), and setting forth details in regard thereto.
(PEC 18-0023)
Applicantl/ail Golf Course, represented by Pierce Architects
Planner: Justin Lightfield
Kjesbo recused himself as a member of the Vail Rec. Board
Planner Lighfield explained the project and staff's action.
Kit Austin explained that it would not impact the course or play.
5 min.
5 min.
5 min.
July 3, 2018 - Page 25 of 131
Stockmar questioned the heaviness of the roof.
No formal action taken.
3.10. A request for review of a variance from Section 12-21-12, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than
ten percent (10%) of the total site area to be covered by driveways and
surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail
Intermountain Development Subdivision, and setting forth details in regard
thereto. (PEC18-0020)
ApplicantiVlichael & Yoshimi Moore, represented by Visual I mpax
Planner: Justin Lightfield
Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive
Slopes
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Approval of this variance is contingent upon the applicant obtaining
Eagle River Water & Sanitation District approval for this proposal.
3. The square footage of the hammerhead driveway shall be reduced and
landscaping shall be added between the hammerhead and the public
road.
4. Curb and gutter shall go from the western corner of the subject
property to the eastern corner of Rush Condominium lot. The
improvement costs shall not be borne by the Town of Vail.
5. The parking spaces shall be labeled for each individual condo owner at
the Rush Condominiums (1-4).
6. The plan to be approved by the Design Review Board shall incorporate
all practical measures to prevent additional parking anywhere to the
east of the proposed garage.
Brian Stockmar moved to approve with conditions. Brian Gillette seconded
the motion and it passed (6-0).
Absent: (1) Lockman
Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts
1. Approval of this variance is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal.
2. Approval of this variance is contingent upon the applicant obtaining
Eagle River Water & Sanitation District approval for this proposal.
3. The square footage of the hammerhead driveway shall be reduced and
landscaping shall be added between the hammerhead and the public
road.
4. Curb and gutter shall go from the western corner of the subject
property to the eastern corner of Rush Condominium lot. The
improvement costs shall not be borne by the Town of Vail.
5. The parking spaces shall be labeled for each individual condo owner at
the Rush Condominiums (1-4).
6. The plan to be approved by the Design Review Board shall incorporate
all practical measures to prevent additional parking anywhere to the
east of the proposed garage.
30 min.
July 3, 2018 - Page 26 of 131
Planner Lighfield spoke to the changes since the last meeting.
The applicant, Scott Handler with Visual Impaxwalked the commission
through the changes, primarily to the parking layout.
A brief discussion of the fire hydrant was held.
Hopkins asked about the location of the stairs and trash in relation to the
parking and garbage containers.
The applicant provided clarification.
Stockmar asked about the existing parking conditions, double parking etc.
Tom Kassmel spoke to it occurring elsewhere in town and feels that the
proposal will be an improvement. Spoke to the possibility of curb and gutter.
The applicant spoke to the solution to the double parking situation.
Hopkins asked about snow removal.
Gillette spoke to the purpose of the variance and one parking space per unit.
Hopkins spoke to the lack of a hammerhead and the excessive amount of
pavement to the west.
Gillette clarified the request to remove pavement and replace with
landscaping.
Kassmel spoke to the number of parking spaces required and vehicle
movement.
The applicant spoke to his willingness to change the plans but thought it
would not be approved by the Town Engineer.
Hopkins asked that the DRB be directed to address access to the condos
and the west pavement.
Perez is struggling and feels that the project has gone backwards. Too much
parking. Recommends a reduction in pavement.
Stockmar- Applicant has responded to requests. Recognizes challenges.
Concurs about a reduction in pavement.
Gillette -Would like a COA regarding labeling the parking spaces
Kjesbo- Recommends further design changes to restrict parking and allow
adequate snow storage.
Stockmar-Would recommend negotiating with Rush condos to solve the
parking situation.
Kurz- Concurs with Rollie that design solutions are needed to prevent
unwanted parking. Appreciated applicants response to Commissioners
concerns.
Brian Gillette moved to approve with conditions. Brian Stockmar seconded
July 3, 2018 - Page 27 of 131
the motion and it passed (6-0).
Absent: (1) Lockman
4. Approval of Minutes
4.1. PEC Results June 11, 2018
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
July 3, 2018 - Page 28 of 131
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Joint Meeting with Vail Local Housing Authority to present a conceptual proposal
from Gore Creek Partners to the Vail Town Council to sell up to 36 deed -restrictions at 6 West
Apartments to the Town of Vail.
PRESENTER(S): George Ruther, Housing Director
ACTION REQUESTED OF COUNCIL: Is the Town Council interested in further exploring a
down valley deed -restriction purchase with Gore Creek Partners, LLC, at the 6 West Apartments in
Edwards, Colorado?
BACKGROUND: The objective of the sale/purchase proposal is to address the growing need
for resident -occupied, deed -restricted homes for employees working with the Town of Vail. To
date, the Town of Vail has not contributed financially to a down valley housing development.
ATTACHMENTS:
Description
6 West Deed Restriction Conceptual Memorandum
6 West Deed Restriction PowerPoint
July 3, 2018 - Page 29 of 131
MEMORANDUM
To: Vail Town Council
From: George Ruther, Housing Director
Date: July 3, 2018
Re: 6 West Apartments, Edwards, Colorado — Conceptual Proposal to Purchase Deed -Restrictions
PURPOSE
The purpose of this memorandum is to present a conceptual proposal from Gore Creek Partners to the
Vail Town Council to sell up to 36 deed -restrictions at 6 West Apartments, located in Edwards, Colorado,
to the Town of Vail. The objective of the sale/purchase is to address the growing need for resident -
occupied, deed -restricted homes for employees working with the Town of Vail.
II. QUESTIONS OF THE TOWN COUNCIL
At the conclusion of the presentation, the Vail Town Council will be asked to answer and provide
direction on the following question:
Is the Town Council interested in further exploring a down valley deed -restriction purchase with Gore
Creek Partners, LLC, at the 6 West Apartments in Edwards, Colorado?
If so, the Vail Local Housing Department and Town Staff will continue discussions with Mr. Spessard
towards that end and return to the Town Council at a future date with a draft purchase agreement for
review and consideration. Further, are there any issues or questions in particular that the Authority
and staff should be exploring or answering prior to returning to the Town Council (i.e., price per deed -
restriction, ROI, transportation alternatives, options for funding)?
III. BACKGROUND
Mr. Steve Spessard, of Gore Creek Partners, LLC, a Vail -based real estate development entity, is
currently constructing the 6 West Apartments in Edwards, Colorado. Construction of the new homes
started earlier this spring and is progressing towards completion with the first homes ready for
occupancy in January, 2019. Similar to Chamonix Vail, developer has selected a modular approach to
construction to build the 6 West Apartments to increase delivery to market.
6 West Apartments will consist of 120 homes in multiple three-story tall buildings on a 5.7 acre site. As
approved, the development will include 48 one bedroom homes, 54 two bedroom homes and 18 three
bedroom homes. All of the homes are available for -rent. Presently 84, or 70%, of the homes are deed -
restricted through Eagle County. The remaining 36, or 30%, of the homes are non -deed -restricted and
available to the free market.
1
July 3, 2018 - Page 30 of 131
A copy of the proposal containing a project overview, renderings, site plan, floor plans, etc. has been
attached for reference.
IV. DESCRIPTION OF THE REQUEST
Mr. Spessard has prepared a conceptual proposal to sell deed -restrictions to the Town of Vail at the 6
West Apartments. The draft terms of the conceptual proposal include the following:
• Up to 36 homes are available for deed -restriction purchases.
• The home type mix would include 14 one bedrooms, 18 two bedrooms and 4 three bedrooms.
• Vail employee, resident -occupied, deed -restriction.
• Subordinated loan agreement to guarantee deed -restriction survives foreclosure.
• One year lease structure with priority granted to employees of Vail businesses.
• Lease renewal on date(s) certain annually, with minimum 15 day notification period.
• Market rate rental structure.
• Annual audit and compliance affidavit verification required.
• Deed -restriction violation enforcement would be a matter of a breach of contract.
• Vail employee/employer exclusive marketing to be provided through 6 West Leasing &
Management Office.
• Option to Master Lease up to 66% of the homes.
2
July 3, 2018 - Page 31 of 131
4 4.
A luxury muldfamily community in Edwards, Colorado
GORE CREEK
P AR T N ER S
Property
Overview
OVERVIEW
The 6 West property will consist of 120 units in multiple
three-story buildings on 5.7 acres, The project will include
intentionally designed one, two and three-bedroom floor
plans, with high caliber interior finishes and extensive
amenities similar to what can be found in a typical luxury
suburban multifamily property in any large city, but which
does not currently exist in this area.
CONFIDENTIAL
July 3, 2018 - Page 34 of 13
Exterior R
July 3, 2018 - Page 36 of 131
IllMgrT
Interior Renderings
July 3, 2018 - Page 37 of 131
CONFIDENTIAL
Layout Rendering
CONFIDENTIAL
July 3, 2018 - Page 39 of 131
6 WEST APARTMENTS 7
ED ARI75, GOLORAI7O
8
•
*lily 3;2018 - Page 40 of 131
Conceptual photos only
000 Aaffirk
Unit Elements
INTERIOR FEATURES
• Large Sliding Doors
• Large Expanses of Glass
• Private Patios with Storage
Closets
• Vinyl Plank Wood -look
Flooring in Kitchen and
Living Room
• Open Floor Plan
• Energy Star / Stainless
Steel Appliances
• Kitchen Pantries
July 3, Lu i c3 - Page 41 of 131
• Mountain Modern Finishes
• Cable and Broadband Service
• Caesar Stone Countertops in
Kitchens and Baths
• Spacious Nine Feet Ceilings
• Full -Size Stackable Washers &
Dryers Available in Each Unit
• "Mudroom" areas at Entries
• Walk-in Closets
Project Amenities
Amenity Center / Leasing Office with
Kitchen, Business Center, and Conference
Room
• Fitness Center with the latest weight and
cardio equipment
• Covered Reserved Parking
• Outdoor Barbecue / Summer Kitchen
CONFIDENTIAL
"Tot Lot" for kids
"Bark Park" for dogs
• Large Patios / Balconies with Generous
Storage Closets
• Available Storage Closets in Each
Building
July 3, 2018 - Page 42 of 131
conceptual photos only
CONFIDENTIAL
•
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Floor Plans
1 BED / 1 BATH
626 SQFT 1 48 UNITS
12
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111 SF
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CONFIDENTIAL
July 3
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Floor Plans
2 BED / 2 BATH
888 SQFT 1 54 UNITS
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CONFIDENTIAL
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Floor Plans
3 BED / 2 BATH
1,176 SQFT 1 18 UNITS
14
Developer/Sponsor
Gore Creek Partners, LLC (GCP) is a real estate investment and asset management company
active in acquiring and developing a variety of property types, formed in 2009 by Stephen S.
Spessard. Prior to establishing GCP, Spessard spent 13 years as one of two owners of Asset
Plus Corporation, and Asset Campus Housing, two Houston-based property investment,
development, and management firms operating on a national basis.
As CEO, he led the principal investment and development activities of the companies, and
closely focused on sourcing transactions as well as debt and equity capital for projects
acquired or developed. During his tenure, he was instrumental in the company's
transformation from being a local third party property management firm into a regional
investment, development, and management concern with over 800 employees. Asset
Campus Housing ultimately grew its portfolio to over 115,000 beds under management at
college campuses across the US and internationally, and is now one of the largest privately
held student housing management firms in the nation.
Successful investments have included multifamily, student housing, office, and medical office
assets with excellent returns achieved in a variety of acquisitions and developments through
multiple business / real estate cycles. Since 1995 Spessard has been actively acquiring or
developing assets in partnership with large private corporations, life insurance companies,
investment funds, pension funds, and high net worth individual investors. In that time, he has
personally invested in over 40 significant properties located in 18 cities in six states
comprising over $500 million in value. In his 30 year career, he has completed transactions
totaling over $800 million.
CONFIDENTIAL
GORE CREEK
P AR T NER S
July 3, 2018 - Page 46 of 131
PAST EXTERIOR ELEVATIONS
THE ESTAIES
CANYON RIDGE
CONFIDENTIAL
July 3, 2018 - Page 47 of 131
CONFIDENTIAL
INTERIORS & AMENITIES
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July 3, 2018 - Page 48 of 131
6
CONFIDENTIAL
we st
44\
G0RE CREEK
P AR TNER S
For questions about any of the information provided in this
Summary, please contact:
STEVE S. SPESSARD
970-672-2040 1 sspessard@gorecreekpartners.com
www.gorecreekpartners.com
18
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: 2018 Updated Housing Policy Statement Discussion.
PRESENTER(S): George Ruther, Housing Director and Steve Lindstrom, Chair, Vail Local
Housing Authority
ACTION REQUESTED OF COUNCIL: Review revised housing policy statements and provide
any additional input or feedback.
BACKGROUND: The objective of this exercise is to adopt updated housing policies for the
Town of Vail which aid in realizing the vision to be the Premier International Mountain Resort
Community and help to achieve the goal of acquiring 1,000 new deed -restrictions by the year
2027.
STAFF RECOMMENDATION: The Vail Local Housing Authority recommends the Vail Town
Council adopts the 2018 Housing Policy Statements, as presented. An ordinance adopting the
2018 Housing Policy Statements will be presented for first reading to Council on Tuesday, July 17,
2018.
ATTACHMENTS:
Description
Staff Memorandum
July 3, 2018 - Page 50 of 131
Memorandum
To: Vail Town Council
From: Vail Local Housing Authority
George Ruther, Housing Director
Date: July 3, 2018
Re: Revised Housing Policy Statement Recommendation — Vail Local Housing Authority
I. PURPOSE
The purpose of this discussion is to present the housing policy statement
recommendation from the Vail Local Housing Authority to the Vail Town Council. Each
of the revised policy statements take into consideration the input and feedback provided
during the joint session held on June 5, 2018. The objective of this exercise is to
eventually adopt updated housing policies for the Town of Vail that results in an increase
in the overall supply and availability of resident -occupied, deed -restricted homes which
aid in the realizing the Town's vision to be the Premier International Mountain Resort
Community and help to achieve the housing goal of acquiring 1,000 new deed -
restrictions by the year 2027.
This agenda item focuses on the Vail Town Council's critical action of "growing a
balanced and thriving community."
II. POLICY STATEMENTS — BEFORE & AFTER
A list of revised housing policy statements have been drafted based upon input and
feedback provided during the joint session held with the Vail Town Council and the Vail
Local Housing Authority on June 5th. In summary, the Town Council and Housing
Authority were in general support of the policy statements as drafted, however, asked
that they be strengthened in an effort to make each more focused and direct. The two
groups also supported adding one new policy statement regarding funding (see #10).
To better highlight the revisions made, and for compare/contrast purposes, each of the
revised policy statements is presented in a "before & after"format.
1
July 3, 2018 - Page 51 of 131
Before:
#1 Acknowledge that deed -restricted homes are critical infrastructure in a resort
community.
After:
#1 Housing IS Infrastructure - Deed -restricted homes are critical infrastructure in
Vail.
Before:
#2 Recognize the solutions to increasing the supply of deed -restricted homes
requires regional approaches.
After:
#2 Housing Partners - Public/private partnerships and active pursuit of local and
regional solutions will be used to increase the supply of deed -restricted homes.
Before:
#3 Create a favorable environment for private sector participation and investment
in deed -restricted homes in Vail as well as within the region.
After:
#3 Private Sector Importance - A proactive and solutions -oriented environment is
fostered to promote private sector investment to create deed -restricted homes.
Before.
#4 Utilize the Town's financial strength to facilitate the creation of deed -restricted
homes.
After:
#4 Leverage Financial Strength - The Town will use its financial strength and
acumen to acquire deed -restrictions.
bserore:
#5 Ensure adopted land use regulations (i.e. density, parking) align with the
vision and goal and to ensure the thorough, timely and efficient review of
development applications which increase the number of deed -restricted homes in
Vail.
2
July 3, 2018 - Page 52 of 131
After:
#5 Breakdown Barriers - The Town's land use regulations and building codes will
align to achieve our vision and goal, and development applications are
thoroughly, timely and efficiently reviewed....getting to "yes" is a shared
objective.
Derore:
#6 Establish a predictable, consistent and reliable source of funding to obtain
deed -restrictions and maintain the Town's housing programs.
After:
#6 Funding Creates Deed -Restrictions - A predictable, consistent and reliable
source of funding is necessary to obtain deed -restrictions and maintain the
Town's housing programs.
Before:
#7 Implement a clear, equitable and easy to administer process for housing
lottery selection and ensure opportunity and ease of access for all to adopted
housing programs and initiatives.
After:
#7 People Promote Community — The Town ensures opportunity and access to its
housing programs and initiatives through a clear, equitable, and easy to
administer process for housing selection.
Before:
#8 Support a policy of no net loss of resident -occupied, deed -restricted homes in
Vail.
After:
#8 No Net Loss - A no net loss of resident -occupied, deed -restrictions policy is
supported.
#9 Adopt housing mitigation regulations and requirements which place an
appropriate amount of obligation on incremental new development to offset the
impact created on housing demand in Vail.
3
July 3, 2018 - Page 53 of 131
After:
#9 Keep Up With Demand - New development, both residential and commercial, is
obligated to mitigate its incremental impact on the demand for resident -occupied,
deed -restricted homes. Payment in lieu, while needed, is not the preferred method
of mitigation.
New:
#10 Funding is Policy — The Vail Town Council will fund housing opportunities
and solutions.
III. RECOMMENDATION
The Vail Local Housing Authority recommends the Vail Town Council adopts the 2018
Housing Policy Statements, as presented. Each of the revised statements accurately
represents acceptable methods for the way housing solutions are pursued by the Vail
Town Council, the Vail Local Housing Authority, and within the organization. These
policies will be relied upon to realize the Town's vision and achieve its stated housing
goal. The Housing Authority further recommends that the Town Council revisits its
housing policies at least every two years to verify effectiveness and measure progress
towards desired outcomes. Updates should be considered where necessary. This
process should be incorporated in the annual work plan of the Town's newly formed
Housing Department.
4
July 3, 2018 - Page 54 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: VLHA Meeting Results
ATTACHMENTS:
Description
VLHA June 12, 2018 Meeting Results
TOWN OF 1 X41
July 3, 2018 - Page 55 of 131
TOWN OFD
MEMBERS PRESENT
Steve Lindstrom
Mary McDougall
Molly Morales
Francisco Meza
James Wilkins
Staff
George Ruther
Lynne Campbell
Vail Local Housing Authority
Meeting Results
Tuesday, June 12, 2018
Regular Meeting
3:00 PM — 5:O0PM
Housing Department
Large Conference Room
75 South Frontage Road West, Vail, Colorado 81657
(Public Invited)
MEMBERS ABSENT
Lindstrom called the meeting to order at 3:15PM. All members present.
The Board reviewed and approved the May 30, 2018 meeting results.
MOTION: Morales SECOND: McDougall VOTE: 3-0-2 (Wilkins, Meza abstained)
McDougall and Ruther reviewed the Council meeting discussion regarding lottery resale applicants.
Conclusion by Council was an owner of existing residential property may enter, upon winning a deed -
restricted home they need to deed restrict the existing home upon Council approval or sell. The Town,
however, will not purchase the deed restriction.
The Board discussed Employee Housing Unit Deed Restriction Exchange Requests. 44 Willow Place
Unit 3 / 44 Vail Road Unit 3 is a noncompliant underperforming restriction and is going through a major
remodel removing the EHU. The owner and their representative Kyle Webb are proposing to exchange
the unit.
Staff having presented at the prior meeting, Morales summarized the exchange for the Board.
Ruther asked the Board to consider the "noncompliant EHU" and deemed this type unit as an
"underperforming unit" as it is not required to be rented. Ruther stated there would not be a net loss of
deed restrictions.
The Board agrees to the request for 3 times the equivalent replacement upon property identification at
which time a formal recommendation to Council will be made.
Page 1
July 3, 2018 - Page 56 of 131
1875 West Gore Creek Drive was discussed for exchange. The owners of the Type I would like to
exchange for 2:1. They are looking at a replacement property in East Vail. The home needs to comply
with zoning and GRFA. Ruther has asked the planners to look into confirming the existing GRFA. The
obligation is to have a deed restricted unit.
Ruther said the housing policy discussion scheduled for June 19th has been moved to the July 3rd
Council meeting. Instead, the housing resale lottery administrative procedures will be heard on June
19th.
Ruther reviewed a housing lottery flow chart the Town is putting into place. Ruther asked the Board for
their thoughts on process. The Town has a standard for the transaction. Per Ruther the lottery basically
remains the same except the tickets system replaces tiered lottery and individual sales vs. master list.
The Board and staff reviewed how a resale usually is handled and options to update the process.
Ruther indicated the for -sale properties included in the process are Vail Commons, Red Sandstone
Creek, North Trail Townhomes, Arosa Duplex and Chamonix Vail.
Discussion ensued and the outcome was:
Lottery Resale Timelines:
2 business days from calculation to advertising
7 business days from ad to open houses
2 business days from open house to application due
5 days from app due to publish qualified buyer
2 days to qualified buyer to lottery
18 Total business days from seller notice to lottery
Morales questioned whether there is enough time for the buyer to get their qualification materials
together for the application.
Staff will create calendar and review to understand if there are any gaps.
The summary will be inserted to the Resale Housing Lottery Administrative Procedures to be presented
on June 19th
Morales motioned to enter Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase,
acquisition, lease, transfer or sale of real, personal or other property interests; and to determine
positions, develop a strategy and instruct negotiators, regarding: Vail InDEED applications and deed
restrictions.
MOTION: Morales SECOND: Wilkins VOTE: 5-0
Wilkins motioned to exit the executive session and reenter the regular meeting.
MOTION: Wilkins SECOND: McDougall VOTE: 5-0
Back into the regular meeting, in attendance all board members, staff, Ruther and Campbell. There was
no action from executive session.
Wilkins motioned to adjourn the meeting at 5:15 PM.
MOTION: Wilkins SECOND: Meza
Next Meeting — June 26, 2018
Page 2
VOTE: 5-0
July 3, 2018 - Page 57 of 131
Future Agenda Items:
• Housing Policies
• Long Term Funding Source
• 2019 Budget
• Update Economic Value of Housing
Discussion
Page 3
• VLHA Business Plan
• East Vail Parcel Update
• Open Lands Plan Discussion
• West Vail Master Plan Discussion
• Housing Data
July 3, 2018 - Page 58 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: May 2018 Sales Tax Report
ATTACHMENTS:
Description
May 2018 Sales Tax Report
TOWN Of UAIL
July 3, 2018 - Page 59 of 131
MEMORANDUM
June 27, 2018
To: Vail Town Council
Kathleen Halloran
From: Johannah Richards
Re: May 2018 Sales Tax
Vail will collect an estimated $40,100 in additional May sales tax to bring
collections up to $752,693. May will be up 14.1% or $93,218 from May 2017 and
up 14.7% or $96,334 from budget. Year to date will be up 2.8% or $363,652
from 2017 and up 0.4% or $48,614 from budget.
July 3, 2018 - Page 60 of 131
Month
2006
2007
2008
2009
2010
2011
2012
Town of Vail
Sales Tax Worksheet Estimate
6/27/2018
2013 2014 2015
2016
2017 Budget
2018
Collections
Budget
Variance
% Change
from
2017
% Change
from
Budget
January
2,597,985
2,783,306
2,976,655
2,619,673
2,564,383
2,795,688
2,855,524
3,145,620
3,483,245
3,696,798
3,738,824
3,725,212
3,711,555
3,588,839
(122,716)
-3.66%
-3.31%
February
2,527,130
2,718,643
3,071,615
2,588,889
2,577,360
2,803,136
2,994,580
3,267,351
3,477,419
3,593,947
3,746,055
3,692,592
3,693,323
3,810,039
116,716
3.18%
3.16%
March
2,852,954
2,986,446
3,327,304
2,504,567
2,685,004
3,143,418
3,185,859
3,650,157
3,788,185
4,053,961
4,225,921
3,642,407
4,057,967
4,157,169
99,202
14.13%
2.44%
April
1,280,324
1,330,740
1,098,918
1,235,941
1,156,934
1,191,690
1,183,087
1,069,186
1,280,641
1,370,929
1,089,749
1,386,780
1,302,300
1,161,378
(140,922)
-16.25%
-10.82%
May
449,283
545,874
622,103
516,150
421,925
473,292
487,739
563,602
607,729
584,454
654,462
659,475
656,359
752,693
96,334
14.14%
14.68%
Total
9,707,676
10,365,009
11,096,595
9,465,220
9,405,606
10,407,224
10,706,789
11,695,916
12,637,219
13,300,089
13,455,011
13,106,466
13,421,504
13,470,118
48,614
2.77%
0.36%
June
805,362
953,017
918,061
717,233
873,765
895,951
963,143
1,023,801
1,153,247
1,242,400
1,318,092
1,389,982
1,458,576
July
1,255,243
1,265,781
1,397,842
1,121,860
1,228,767
1,481,329
1,573,499
1,654,161
1,829,102
1,937,989
2,053,773
2,215,649
2,318,094
August
1,055,614
1,162,746
1,349,795
1,068,391
1,147,352
1,310,471
1,380,710
1,507,048
1,674,813
1,702,579
1,849,815
1,863,949
1,893,544
September
832,549
908,318
834,569
753,754
761,425
889,945
978,037
994,135
1,054,015
1,240,277
1,349,929
1,385,462
1,406,484
October
614,396
688,519
662,767
581,033
594,362
623,420
644,577
755,133
752,295
835,649
906,385
936,954
950,679
November
799,582
747,877
719,109
651,873
701,075
788,430
825,873
947,627
962,344
997,100
989,320
997,716
1,002,771
December
2,771,258
2,821,871
2,652,628
2,553,974
2,963,763
3,184,645
2,973,826
3,422,178
3,818,096
3,885,849
3,840,919
3,695,305
3,594,348
Total
17,841,680
18,913,138
19,631,366
16,913,338
17,676,115
19,581,415
20,046,454
21,999,999
23,881,131
25,141,932
25,763,244
25,591,483
26,046,000
July 3, 2018 - Page 61 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: April 2018 Vail Business Review
ATTACHMENTS:
Description
April 2018 Vail Business Review
TOWN OF 1 X41
July 3, 2018 - Page 62 of 131
TOWN OF VAIL
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
Vail Business Review
April 2018
June 27, 2018
Finance Department
970.479.2100
970.479.2248 fax
The April Vail Business Review breaks down the four percent sales tax collected for the month of April
and the 2017/2018 ski season.
Overall April sales tax decreased 16.3% with retail decreasing 19%, lodging decreased 19.6%, food and
beverage decreased 15.7%, and utilities/other increased by 0.8%. Excluding the out of town category;
sales tax for the month of April was down 21.6%.
Part of the large variance to prior year collections is due to the Easter holiday falling in March for 2018.
Combined March and April sales tax increased 5.7% with retail increasing 5.8%, lodging increased 6.1%,
food and beverage increased 4.9%, and utilities/other increased by 6%. Excluding the out of town
category; sales tax for the combined months was up 4.5%.
The ski season of 2017/2018 resulted in a 0.9% increase overall with retail increasing 1%, lodging
decreased 0.1%, food and beverage increased 4.2% and utilities/other decreased 4.3%. Excluding the
out of town category, ski season sales tax is up 0.3%.
Electronic filing and payment of Vail sales tax is now an option. Please visit
www.vailgov.com/epay
Town of Vail sales tax forms, the Vail Business Review and sales tax worksheets are available on the
internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax
worksheet e-mailed to you automatically from www.vailgov.com.
Please remember when reading the Vail Business Review that it is produced from sales tax collections,
as opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125 or Kathleen Halloran
at (970) 479-2116.
Sincerely,
Johannah Richards
Sales Tax Administrator
July 3, 2018 - Page 63 of 131
April
TOWN OF VAIL BUSINESS REVIEW
TOM OF VAIL-
Sales Tax Newsletter
April 2018 Sales Tax
April
2017
Collections
April
2018
Collections
April
ok
Change
Total VAIL VILLAGE
Retail 241,176 163,838 -32.07 %
Lodging 187,884 144,388 -23.15 %
F & B 250,718 206,603 -17.60 %
Other 8,112 3,342 -58.80 %
687,889 518,171 -24.67 %
Total LIONSHEAD
Retail 81,191 49,739 -38.74 %
Lodging 120,281 92,942 -22.73 %
F & B 69,472 37,205 -46.45 %
Other 5,282 499 -90.56 %
276,226 180,385 -34.70 %
Totals CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL
Retail 122,868 107,091 -12.84 %
Lodging 24,308 35,099 44.39
F & B 30,862 52,463 69.99 %
Other 3,840 4,898 27.55 %
181,879 199,551 9.72 %
Total OUT OF TOWN
Retail 102,006 122,398 19.99
Lodging 11,250 3,910 -65.25 %
F&B 520 154 -70.49%
Utilities & Other 127,137 136,809 7.61 %
Total 240,913 263,270 9.28 %
6/27/2018 11:48:20 AM
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July 3, 2018 - Page 64 of 131
April
TOWN OF VAIL BUSINESS REVIEW
TOWN OFUAL
Sales Tax Newsletter
April 2018 Sales Tax
TOTAL
April
2017
Collections
April
2018
Collections
April
Change
Retail 547,241 443,065 -19.04 %
Lodging And Property Mgmt 343,723 276,339 -19.60 %
Food and Beverage 351,572 296,425 -15.69 %
Other 144,371 145,547 0.81 %
Total 1,386,927 1,161,378 -16.26
RETAIL SUMMARY
April April April
2017 2018 %
Collections Collections Change
RETAIL -FOOD 104,991 93,107 -11.32
RETAIL -LIQUOR 33,597 27,927 -16.88 %
RETAIL -APPAREL 86,610 65,604 -24.25 %
RETAIL -SPORT 176,564 109,746 -37.84 %
RETAIL -JEWELRY 9,586 8,411 -12.26 %
RETAIL -GIFT 3,400 1,768 -47.99 %
RETAIL -GALLERY 1,519 1,561 2.75
RETAIL -OTHER 130,940 134,942 3.06
RETAIL -HOME OCCUPATION 34 0 -100.00 %
Total 547,241 443,065 -19.04 %
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July 3, 2018 - Page 65 of 131
TOTAL
April
2017
Collections
April
2018
Collections
April
Change
Retail 547,241 443,065 -19.04 %
Lodging And Property Mgmt 343,723 276,339 -19.60 %
Food and Beverage 351,572 296,425 -15.69 %
Other 144,371 145,547 0.81 %
Total 1,386,927 1,161,378 -16.26
RETAIL SUMMARY
April April April
2017 2018 %
Collections Collections Change
RETAIL -FOOD 104,991 93,107 -11.32
RETAIL -LIQUOR 33,597 27,927 -16.88 %
RETAIL -APPAREL 86,610 65,604 -24.25 %
RETAIL -SPORT 176,564 109,746 -37.84 %
RETAIL -JEWELRY 9,586 8,411 -12.26 %
RETAIL -GIFT 3,400 1,768 -47.99 %
RETAIL -GALLERY 1,519 1,561 2.75
RETAIL -OTHER 130,940 134,942 3.06
RETAIL -HOME OCCUPATION 34 0 -100.00 %
Total 547,241 443,065 -19.04 %
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July 3, 2018 - Page 65 of 131
TOW I OF VAIL
Ski Season
TOWN OF VAIL BUSINESS REVIEW
Sales Tax Newsletter
Ski Season 2017/2018 Sales Tax
Ski Season
2016/2017
Collections
Ski Season
2017/2018
Collections
Ski Season
Change
Total VAIL VILLAGE
Retail 2,684,775 2,656,365 -1.06 %
Lodging 3,666,401 3,475,578 -5.20 %
F & B 2,753,039 2,797,406 1.61
Other 87,129 69,926 -19.74 %
Total LIONSHEAD
Retail
Lodging
F&B
Other
9,191,343 8,999,275
1,084,762
2,392,603
694,293
41,652
1,011,612
2,353,726
672,003
24,648
4,213,309 4,061,990
-2.09 %
- 6.74 %
- 1.62 %
- 3.21 %
-40.82 %
-3.59 %
Total CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL
Retail 1,144,878 1,158,157 1.16 %
Lodging 599,013 851,815 42.20 %
F & B 235,136 367,362 56.23 %
Other 51,955 42,972 -17.29 %
2,030,981 2,420,305 19.17 %
Total OUT OF TOWN
Retail 712,103 853,588 19.87 %
Lodging 234,566 204,153 -12.97 %
F & B 8,148 6,948 -14.73 %
Utilities & Other 901,456 898,668 -0.31 %
Total 1,856,273 1,963,358 5.77 %
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July 3, 2018 - Page 66 of 131
Ski Season
TOWN OF VAIL TOWN OF VAIL BUSINESS REVIEW
Sales Tax Newsletter
Ski Season 2017/2018 Sales Tax
TOTAL
Ski Season
2016/2017
Collections
Ski Season
2017/2018
Collections
Ski Season
0/U
Change
Retail 5,626,517 5,679,721 0.95 %
Lodging And Property Mgmt 6,892,582 6,885,273 -0.11 %
Food and Beverage 3,690,615 3,843,719 4.15 %
Other 1,082,192 1,036,215 -4.25 %
Total 17,291,926 17,446,962 0.90
RETAIL SUMMARY
Ski Season Ski Season
2016/2017 2017/2018
Collections Collections
Ski Season
°/0
Change
RETAIL -FOOD 912,193 917,690 0.60 %
RETAIL -LIQUOR 339,283 333,119 -1.82 %
RETAIL -APPAREL 916,408 967,291 5.55 %
RETAIL -SPORT 2,252,811 2,118,683 -5.95 %
RETAIL -JEWELRY 127,967 132,700 3.70
RETAIL -GIFT 35,197 30,694 -12.80 %
RETAIL -GALLERY 19,145 14,958 -21.87
RETAIL -OTHER 1,023,232 1,164,066 13.76
RETAIL -HOME OCCUPATION 281 520 85.26
Total 5,626,517 5,679,721 0.95 %
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July 3, 2018 - Page 67 of 131
TOTAL
Ski Season
2016/2017
Collections
Ski Season
2017/2018
Collections
Ski Season
0/U
Change
Retail 5,626,517 5,679,721 0.95 %
Lodging And Property Mgmt 6,892,582 6,885,273 -0.11 %
Food and Beverage 3,690,615 3,843,719 4.15 %
Other 1,082,192 1,036,215 -4.25 %
Total 17,291,926 17,446,962 0.90
RETAIL SUMMARY
Ski Season Ski Season
2016/2017 2017/2018
Collections Collections
Ski Season
°/0
Change
RETAIL -FOOD 912,193 917,690 0.60 %
RETAIL -LIQUOR 339,283 333,119 -1.82 %
RETAIL -APPAREL 916,408 967,291 5.55 %
RETAIL -SPORT 2,252,811 2,118,683 -5.95 %
RETAIL -JEWELRY 127,967 132,700 3.70
RETAIL -GIFT 35,197 30,694 -12.80 %
RETAIL -GALLERY 19,145 14,958 -21.87
RETAIL -OTHER 1,023,232 1,164,066 13.76
RETAIL -HOME OCCUPATION 281 520 85.26
Total 5,626,517 5,679,721 0.95 %
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July 3, 2018 - Page 67 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: June Revenue Update
ATTACHMENTS:
Description
June Rev Update
TOWN Of UAIL
July 3, 2018 - Page 68 of 131
TOWN OF VAIL
REVENUE UPDATE
July 3, 2018
Sales Tax
Upon receipt of all sales tax returns, May collections are estimated to be
$752,693 up 14.1% from last year and up 14.7% compared to budget. Year to
date collections of $13,470,118 are up 2.8% from prior year and up 0.4% from
budget. Inflation as measured by the consumer price index was up 2.8% for May.
The annual budget totals $26.0 million.
Real Estate Transfer Tax (RETT)
RETT collections through June 27 total $3,606,168 up 13.2% from this time last
year. Sales from the Lion have boosted RETT revenue so far this year. Without
those sales, RETT is flat with 2017 and is pacing with budget. The annual 2018
RETT budget totals $6.1 million.
Construction Use Tax
Use Tax collections through June 27 total $1,098,362 compared to $879,764
from this time last year. The annual budget totals $1,975,900.
Summary
Across all funds, year-to-date total revenue of $36.9 million is up 6.2 % from
amended budget and up 3.2% from prior year.
July 3, 2018 - Page 69 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Quarterly Investment Results
ATTACHMENTS:
Description
2018 1st Qrt Investment
TOWN t f UAIL
July 3, 2018 - Page 70 of 131
TOWN OF VAIL MEMORANDUM
TO: Greg Clifton
Council Members
FROM: Carlie Smith
DATE: 1st Qrtr 2018
RE: Investment Report
Enclosed is the investment report with balances as of March 31, 2018.
The estimated average yield for the pooled cash fund is 1.0%. As of 03/31/2018,
the Treasury yield curves for 3 months, 6 months, and 1 year are 1.73%, 1.93%,
and 2.09% respectively.
Throughout 2017 the town maintained a higher cash balance, earning lower interest rates
in order to fund budgeted capital projects, with the largest being the Vail Chamonix Homes
The sales of those units began in Janary 2018, with the final sale in May. Those proceeds
were deposited into the town's operating bank accounts, but will be re -invested into ColoTrust
and longer term investments.
Our investment mix follows the policy objectives of safety, liquidity, and yield in that order.
2018 1st Qtr Investment Mix
$89.3M
Cash
$40.1M,
45%
Colorado
Investment
Pool $10.9M,
12%
Gov't
Securities
$27.9M, 31%
CD's $10.4M,
12%
There were no changes to investment products or banking institutions.
Please call me if you have any questions.
July 3, 2018 - Page 71 of 131
Town of Vail, Colorado
Investment Report
Summary of Accounts and Investments
As of 03/31/2018
Cash
Commercial Banks
Money Market Funds
Total Cash
U.S. Government Securities (see page 4)
Government Agency Seurities -Piper Jaffray
FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana
Total Government Securities
2018
Balances
Percentage
of Total
$39,595,146
$516,895
44.34%
0.58%
$40,112,041 44.92%
$16,823,390
$11,108,277
18.84%
12.44%
$27,931,666 31.28%
Certificates of Deposit $10,372,809 11.62%
Colorado Investment Pools $10,872,781 12.18%
Total Portfolio $89,289,299 100.0%
Maturing Within 12 Months
Maturing Within 24 Months
Maturing After 24 Months
54,441,598
3,696,345
31,151,355
60.97%
4.14%
34.89%
89,289,299 100.0%
July 3, 2018 - Page 72 of 131
Performance Summary
as of 03/31/2018
Institution
Type of Accounts
"CASH" ACCOUNTS
Commercial Bank Accounts:
First Bank of Vail - Operating Accounts
Alpine Bank
Money Market Accounts:
Schwab Institutional Money Market Fund - Dana Investments
Interest and Balance
Vail Super Now Public Funds Account - Piper Jaffray
Interest and Balance
Average Balances
Return 03/31/18
0.080% $39,595,146
$0
1.000% $449,107
0.000% $67,788
Total Money Market Funds $516,895
Total "Cash" Accounts $40,112,041
GOVERNMENT SECURITIES (see pg 5)
Government Agency Seurities -Piper Jaffray
FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana
1.52% $16,823,390
2.11% $ 11,108,277
$ 27,931,666
Total Government Securities $ 27,931,666
1st Bank, Vail Colorado (#5734) Matures September 14, 2022 1.510% 1,070,259
1st Bank, Vail Colorado (#1992) Matures Nov 23, 2020 0.700% 1,136,425
1st Bank, Vail Colorado (#3421) Matures Mar 17, 2021 0.700% 1,147,847
1st Bank, Vail Colorado (#4290) Matures Sept 29, 2021 0.700% 1,102,291
1st Bank, Vail Colorado (#4754) Matures Dec 28, 2021 0.700% 1,100,390
1st Bank, Vail Colorado (#5319) Matures May 21, 2018 0.300% 1,538,892
1st Bank, Vail Colorado (#9497) Matures Nov 19, 2019 0.900% 1,223,517
1st Bank, Vail Colorado (#9500) Matures Nov 18, 2019 0.900% 1,085,866
Piper Jaffray 254672RY6 Matures July 15, 2020 2.310% 146,102
Piper Jaffray 06740KLH8 Matures October 21, 2021 2.190% 127,591
Piper Jaffray 02587CFU9 Matures Aug 29, 2022 2.450% 201,484
Piper Jaffray 38148PUA3 Matures December 6, 2022 2.530% 246,498
Piper Jaffray 949763LRS Matures December 8, 2022 2.540% 245,648
10,372,809
Total Certificates of Deposit $ 10,372,809
LOCAL GOVERNMENT INVESTMENT POOLS
Colotrust General Fund
Interest 1.550% $10,872,781
Total Local Government Investment Pools Accounts $10,872,781
Total All Accounts $89,289,299
July 3, 2018 - Page 73 of 131
3/31/2018
Agency
Broker
Government Securities
as of 03/31/2018
Int Rate Purchase Maturity to Maturity
Coupon Yield Date Date at Purchase
***Federal Agency Discount Notes & Bonds***
FHLB 313383HQ7 Piper Jaffray 1.200%
FHLB 313383JQ5 Piper Jaffray 1.250%
FHLB 3130A6K89 Piper Jaffray 1.050%
FHLMC 313G9SK4 Piper Jaffray 1.500%
FNMA 3136G3JA4 Piper Jaffray 1.550%
FFCB 3133EGAZ8 Piper Jaffray 1.580%
FHLMC 3133EFZ91 Piper Jaffray 1.620%
FNMA 3136G3Z32 Piper Jaffray 1.200%
FFCB 3133EGLH6 Piper Jaffray 1.420%
FHLMC 3134GBYF3 Piper Jaffray 1.800%
FHLB 3130A8Q22 Piper Jaffray 1.440%
FNMA 3136G3S55 Piper Jaffray 1.520%
FHLB 3130A8ZB2 Piper Jaffray 1.410%
FNMA 3136G3Y25 Piper Jaffray 1.500%
FFCB 3133EGAH8 Piper Jaffray 1.550%
FFCB 3133EGYB5 Piper Jaffray 1.540%
FHLB 3130A9XN6 Piper Jaffray 1.625%
FHLB 330AAEKO Piper Jaffray 2.020%
Average Yield
Agency Broker
***FNMA'S, ARM'S & SBA'S***
SBA 502647
SBA 521683
SBA 508940
SBA 508946
SBA 509634
SBA 509701
SBA 509977
SBA 510090
SBA 505536
GNMA 8417
GNMA 8703
GNMA 8720
GNMA 8788
GNMA 80426
GNMA 80696
GNMA 80710
GNMA 82759
GNMA 80593
GNMA 82382
GNMA 1303
FNMA 850125
FNMA 422251
FNMA 520790
FNMA 546468
FNMA 535326
FNMA 323798
FNMA 567875
FNMA 593941
FNMA 545057
FNMA 650970
FNMA 555378
FNMA 709092
FNMA 723661
FNMA 761737
FNMA 725462
FNMA 745160
FNMA 791573
FNMA 888321
FNMA 849207
FNMA 888710
FNMA 893933
1.200%
1.250%
1.060%
1.520%
1.580%
1.620%
1.660%
1.220%
1.460%
1.830%
1.490%
1.580%
1.470%
1.550%
1.590%
1.610%
1.680%
2.070%
2/2/2012
2/2/2012
10/05/15
6/30/2016
04/28/16
05/17/16
04/12/16
08/24/16
07/12/16
07/27/17
07/19/16
07/28/16
08/18/16
08/25/16
05/17/16
10/12/16
11/26/16
12/27/16
Interest Rate Purchase
Coupon Yield Date
6/27/2018
6/27/2018
10/05/18
6/30/2020
10/28/20
02/17/21
04/12/21
02/24/20
01/12/21
01/27/21
07/19/21
07/28/21
08/18/21
08/25/21
05/17/21
10/12/21
11/26/21
12/27/21
1.52%
Maturity
Date
6.4
6.4
3.0
4.0
4.5
4.8
5.0
3.5
4.5
3.5
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
Days/Years
to Maturity
at Purchase
Pooled - Dana 3.975% 5.2% 1 -Jul -94 25 -Jun -19 25.0
Pooled - Dana 4.540% 5.4% 25 -Aug -21 121.7
Pooled - Dana 2.575% 3.7% 6 -May -11 25 -Jun -30 19.2
Pooled - Dana 3.250% 3.4% 25 -Jul -30 130.7
Pooled - Dana 3.250% 3.3% 24 -Aug -17 25 -Feb -40 22.5
Pooled - Dana 1.500% 2.7% 25 -Jul -40 140.7
Pooled - Dana 2.400% 2.8% 25 -Mar -42 142.3
Pooled - Dana 2.250% 2.5% 25 -Jan -43 143.2
Pooled - Dana 3.125% 4.3% 1 -Aug -01 25 -Jun -26 125.0
Pooled - Dana 4.000% 4.0% 1 -Oct -88 20 -Oct -18 30.1
Pooled - Dana 1.875% 0.0% 1 -Sep -95 20 -Sep -25 30.1
Pooled - Dana 1.625% 0.0% 30 -Sep -95 20 -Oct -25 30.1
Pooled - Dana 1.750% 0.0% 1 -Jan -96 20 -Jan -26 30.1
Pooled - Dana 1.875% 2.7% 21 -Jul -00 20 -Jul -30 130.1
Pooled - Dana 1.750% 2.5% 23 -May -11 20 -May -33 22.0
Pooled - Dana 1.875% 2.7% 1 -Jul -03 20 -Jul -33 130.1
Pooled - Dana 1.750% 2.3% 20 -Mar -12 20 -Mar -41 29.0
Pooled - Dana 1.750% 2.5% 20 -Apr -12 20 -Apr -32 20.0
Pooled - Dana 1.875% 2.7% 30 -Sep -13 20 -Sep -39 26.0
Pooled - Dana 2.000% 2.7% 30 -Sep -13 20 -Sep -43 30.0
Pooled - Dana 2.455% 3.7% 1 -May -09 1 -Sep -35 126.4
Pooled - Dana 2.499% 3.6% 1 -Dec -95 1 -Jan -21 25.1
Pooled - Dana 2.544% 3.2% 1 -Jun -00 1 -Apr -28 127.9
Pooled - Dana 2.490% 3.4% 24 -May -00 1 -Apr -28 127.9
Pooled - Dana 2.332% 3.7% 26 -Jun -00 1 -Jun -28 128.0
Pooled - Dana 2.354% 3.4% 1 -Dec -99 1 -May -29 29.4
Pooled - Dana 2.679% 3.7% 1 -Dec -00 1 -Sep -30 129.8
Pooled - Dana 1.974% 2.8% 1 -Dec -01 1 -Dec -30 129.1
Pooled - Dana 2.384% 3.3% 1 -May -01 1 -May -31 130.1
Pooled - Dana 2.385% 3.1% 1 -Aug -01 1 -Jul -32 131.0
Pooled - Dana 2.385% 3.4% 14 -May -08 1 -Apr -33 24.9
Pooled - Dana 2.316% 3.0% 1 -Jun -03 1 -Jul -33 130.2
Pooled - Dana 2.375% 3.0% 1 -Jul -03 1 -Jul -33 130.1
Pooled - Dana 2.467% 3.5% 16 -May -05 1 -Dec -33 128.6
Pooled - Dana 1.944% 2.9% 1 -Apr -04 1 -Jan -34 129.8
Pooled - Dana 2.420% 3.4% 1 -Dec -05 1 -Mar -34 128.3
Pooled - Dana 2.420% 3.1% 1 -Jul -04 1 -Aug -34 130.2
Pooled - Dana 2.383% 3.5% 1 -Mar -07 1 -Aug -34 27.4
Pooled - Dana 1.996% 3.0% 1 -Jan -06 1 -Jan -36 30.0
Pooled - Dana 2.496% 3.2% 1 -Sep -07 1 -Jul -36 28.9
Pooled - Dana 2.472% 3.2% 1 -Sep -06 1 -Oct -36 30.1
July
Market
Value
$619,095
$329,555
$557,323
$883,053
$1,370,082
$972,980
$1,360,548
$1,468,995
$1,455,495
$538,610
$1,441,680
$768,944
$862,866
$866,808
$973,920
$1,243,177
$964,020
$146,240
$16,823,390
Market
Value
$1,312
$110,083
$141,205
$72,061
$178,105
$218,352
$366,560
$500,483
$11,653
$55
$358
$379
$263
$2,721
$124,351
$3,494
$106,113
$1,528
$68,374
$70,061
$14,540
$1,090
$2,894
$973
$811
$486
$908
$3,966
$241
$1,569
$26,068
$8,347
$668
$4,042
$6,849
$6,428
$1,400
$8,445
$4,084
$13,553
$4,487
3, 2018 - Page 74 of 131
3/31/2018
Government Securities
as of 03/31/2018
Int Rate
Agency Broker Coupon
FNMA 555624 Pooled - Dana 2.401%
FNMA 735967 Pooled - Dana 2.494%
FNMA 888386 Pooled - Dana 2.420%
FNMA 888618 Pooled - Dana 2.457%
FNMA 995451 Pooled - Dana 2.442%
FNMA 557073 Pooled - Dana 1.643%
FNMA BM1554 2.641%
FNMA 110540 Pooled - Dana 2.674%
FNMA 555921 Pooled - Dana 2.750%
FNMA 868877 Pooled - Dana 2.543%
FNMA 701045 Pooled - Dana 2.297%
FNMA 848390 Pooled - Dana 2.086%
FNMA 844148 Pooled - Dana 2.263%
FNMA 748087 Pooled - Dana 2.455%
FNMA 851297 Pooled - Dana 2.555%
FNMA AC0038 Pooled - Dana 2.033%
FNMA BM3294 Pooled - Dana 2.967%
FMNA BM1087 Pooled - Dana 1.848%
FNMA AL9205 Pooled - Dana 2.056%
FNMA AL8786 Pooled - Dana 3.024%
FNMA AL8883 Pooled - Dana 2.002%
FNMA AL9157 Pooled - Dana 2.018%
FNMA AL9298 Pooled - Dana 1.996%
FNMA AL9645 Pooled - Dana 2.004%
FNMA AV9481 Pooled - Dana 1.919%
FHLMC 865469 Pooled - Dana 2.969%
FHLMC 645235 Pooled - Dana 2.215%
FHLMC 846784 Pooled - Dana 2.434%
FHLMC 846956 Pooled - Dana 2.680%
FHLMC 847166 Pooled - Dana 2.497%
FHLMC 847359 Pooled - Dana 2.512%
FHLMC 782526 Pooled - Dana 2.375%
FHLMC 848000 Pooled - Dana 2.480%
FHLMC 847629 Pooled - Dana 2.560%
FHLMC 865476 Pooled - Dana 2.806%
FHLMC 847427 Pooled - Dana 2.469%
FHLMC 1G1840 Pooled - Dana 2.625%
FHLMC 163063 Pooled - Dana 2.520%
FHLMC 847058 Pooled - Dana 2.500%
FHLMC 167033 Pooled - Dana 2.415%
FHLMC 611384 Pooled - Dana 2.578%
FHLMC 849674 Pooled - Dana 2.082%
FHLMC 260155 Pooled - Dana 2.300%
FHLMC 260875 Pooled - Dana 2.021%
FHLMC 849824 Pooled - Dana 2.563%
FHLMC 849422 Pooled - Dana 2.066%
FHLMC 840287 Pooled - Dana 2.166%
FHLMC 840274 Pooled - Dana 2.315%
FHLMC 840537 Pooled - Dana 1.770%
FHLMC 840329 Pooled - Dana 2.673%
FHLMC 849810 Pooled - Dana 2.282%
FHLMC 840551 Pooled - Dana 2.464%
FHLMC 840752 Pooled - Dana 2.592%
FHLMC 849313 Pooled - Dana 2.020%
FFCB Fixed rate agency 3133EHYI1 1.590%
FHLB Fixed Rate Agency 3130A6KH9 1.190%
FHLB Fixed Rate Agency 3130ABMU7 1.630%
FMNA Fixed Rate Agency 3135G0K85 1.400%
FHLMC Step Coupon Agency 3134GAUY8 0.750%
FHLMC Step Coupon Agency 3134G9J81 0.880%
FMNA Step Coupon Agency 3134GBA93 1.500%
Corp Financials 45905U7J7 1.650%
Accrued Interest
Income Receivable
Average Yield
Purchase
Yield Date
3.1% 1 -Jun -03
3.3% 1 -Sep -05
3.5% 1 -Apr -07
3.4% 1 -Jul -07
3.3% 12 -Feb -09
2.6% 1 -Sep -00
2.6%
3.3% 1 -Nov -90
2.7% 1 -Sep -12
3.3% 1 -Apr -06
3.4% 1 -Apr -03
2.9% 12 -Feb -09
3.0% 1 -Oct -05
3.2% 1 -Sep -10
3.4% 3 -May -11
3.0% 24 -May -11
2.9%
2.0%
3.3% 31 -Oct -16
2.9% 29 -Jul -16
2.7% 22 -Aug -16
2.7%
2.7%
2.7% 21 -Feb -17
2.9% 1 -Jul -14
3.2% 1 -Dec -95
3.5% 1 -Jul -00
3.2% 1 -Jul -00
3.4% 1 -Nov -01
3.3% 1 -Jul -03
3.5% 1 -Dec -04
2.8% 1 -Apr -05
3.4% 1 -Sep -08
3.4% 1 -Oct -06
3.2% 1 -Apr -96
3.3% 1 -Jul -05
3.5% 1 -Feb -06
3.5% 1 -Aug -06
3.1% 1 -Aug -02
3.3% 25 -May -11
3.5% 11 -Feb -05
3.3%
3.6% 21 -Dec -15
3.4% 28 -Oct -16
3.5% 21 -Dec -15
3.3%
3.2% 1 -Jun -16
3.3%
1.7% 21 -Feb -17
2.6% 22 -Sep -16
3.3%
2.4%
2.6%
3.4% 1 -Jun -14
1.6% 14 -Sep -17
1.2%
1.7% 30 -Jun -17
1.4%
1.3% 3 -Nov -16
1.3% 14 -Jul -16
1.8% 3 -Aug -17
1.7% 29 -Jul -17
2.1%
Maturity to Maturity Market
Date at Purchase Value
1 -Mar -38 134.8 $1,780
1 -Mar -38 132.6 $4,410
1 -Mar -38 131.0 $18,013
1 -Mar -38 130.8 $7,167
1 -Mar -38 29.1 $17,736
1 -Jun -40 139.8 $2,459
1 -Jun -42 142.5 $416,003
1 -May -20 29.5 $975
1 -Sep -35 23.0 $9,194
1 -Apr -36 30.0 $4,485
1 -Apr -33 30.0 $27,872
1 -Dec -35 26.8 $11,900
1 -Nov -35 30.1 $10,580
1 -Sep -33 23.0 $15,867
1 -Sep -35 24.3 $78,270
1 -Sep -38 27.3 $64,023
1 -Jun -42 $485,819
1 -Dec -43 144.0 $226,688
1 -Apr -44 27.4 $152,059
1 -May -44 27.8 $296,711
1 -Jul -44 27.9 $162,431
1 -Jul -44 144.6 $176,307
1 -Jul -44 144.6 $224,785
1 -Jul -44 27.4 $244,081
1 -Jul -43 29.0 $124,299
1 -Aug -25 29.7 $201
1 -Mar -29 128.8 $1,691
1 -May -29 128.9 $522
1 -Nov -31 130.1 $750
1 -Aug -33 130.2 $2,063
1 -Dec -34 130.1 $1,125
1 -Apr -35 30.0 $16,569
1 -Feb -36 27.4 $21,385
1 -Sep -36 29.9 $4,388
1 -Feb -36 39.9 $437
1 -Sep -34 29.2 $2,607
1 -Nov -35 29.8 $2,167
1 -Aug -36 30.0 $17,430
1 -Aug -32 30.0 $8,297
1 -Sep -35 24.3 $32,462
1 -Dec -32 127.9 $6,932
1 -Nov -42 142.9 $61,441
1 -Jan -42 26.0 $103,438
1 -Oct -42 25.9 $180,749
1 -Feb -43 27.1 $132,123
1 -Feb -43 143.2 $56,701
1 -Jun -43 27.0 $188,625
1 -Jul -43 143.6 $163,786
1 -Jul -43 26.4 $351,012
1 -Feb -44 27.4 $241,978
1 -Oct -44 144.9 $80,137
1 -Mar -45 145.3 $305,902
1 -Dec -45 146.0 $540,374
1 -Feb -43 28.7 $47,042
14 -Sep -20 3.0 $488,995
14 -Jan -19 119.1 $495,810
26 -Jun -20 3.0 $491,595
13 -Jun -19 119.5 $494,580
26 -Oct -18 2.0 $249,575
14 -Jul -19 3.0 $395,260
3 -Aug -21 4.0 $493,550
5 -Oct -20 3.2 $391,024
$38,280
$124,000
2.11%
Total
11,108,277
$27,931,666
July 3, 2018 - Page 75 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 26, Series 2018, A Resolution Approving a Mutual Release of
Restrictive Covenant Amended and Restated Development Agreement Between the Town of Vail
and Alejandro Gonzalez Cimadevilla; and Setting Forth Details in Regard Thereto
ATTACHMENTS:
Description
Employee Housing Unit Exchange 44 Vail Road Unit 3 Memorandum
VLHA Employee Housing Unit Exchange 44 Vail Road Unit 3 Staff Memorandum
Type III Employee Housing Unit Restrictive Covenant 44 Vail Road Unit 3
Resolution 26, Series of 2018 Mutual Release of Restrictive Covenant
Exhibit A
July 3, 2018 - Page 76 of 131
TOWN OF VAIL'
Memorandum
To: Vail Town Council
From: Housing Department
Date: July 3, 2018
Subject: 12-13-5: Employee Housing Unit Exchange Program — A request authorizing the
Town Manager to execute a deed -restriction release and approves the request
for an exchange of an employee housing unit, pursuant to Section 12-13-5,
Employee Housing Unit Exchange Program, Vail Town Code, to allow for the
release of an employee housing unit deed -restriction, located at 44 Willow Place,
Unit 3 / 44 Vail Road, Unit 3, in exchange for the recording of an employee
housing deed -restriction on a residential dwelling unit, located at Vail Village
Filing 13, Block 2, Lot / 2395 Bald Mountain Road West.
I. HOUSING AUTHORITY RECOMMENDATION
The Vail Local Housing Authority unanimously recommends the Vail Town Council
approve the proposed exchange of an employee housing unit deed -restriction, located
44 Willow Place, Unit 3 / 44 Vail Road, Unit 3, in exchange for the recording of an
employee housing deed -restriction on a residential dwelling unit, located at Vail Village
Filing 13, Block 2, Lot / 2395 Bald Mountain Road West.
The Vail Local Housing Authority recommends the following motion be made:
"The Vail Town Council authorizes the Town Manager to execute a deed -
restriction release and approves the request for an exchange of an employee
housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange
Program, Vail Town Code, to allow for the release of an employee housing unit
located at 44 Willow Place Unit 3/44 Vail Road Unit 3, in exchange for the
recording of an employee housing deed -restriction on a residential dwelling unit
containing 2,087 square feet of gross residential floor area, located at Vail Village
Filing 13, Block 2, Lot /2395 Bald Mountain Road West, and setting forth details in
regard thereto."
II. ATTACHMENT
A. Staff Memorandum, dated June 26, 2018.
July 3, 2018 - Page 77 of 131
TOWN OF VAIL'
Memorandum
To: Vail Local Housing Authority
From: Town of Vail Housing Department
Date: June 26, 2018
Subject: A request for a recommendation to the Vail Town Council for the release of a
deed -restriction from an existing employee housing unit, located at 44 Vail Road
Unit 3 (exchange EHU) in exchange for the placement of an employee housing
deed -restriction on Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain
Road Unit W. (proposed EHU) pursuant to Section 12-13-5 Employee Housing
Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth
details in regard thereto.
Applicant: Alejandro Gonzalez Cimadevilla, represented by K.H. Webb
Housing Coordinator: Lynne Campbell
DESCRIPTION OF REQUEST
The applicant Alejandro Gonzalez Cimadevilla, is proposing to exchange a deed -restriction from
an existing 489 square foot employee housing unit, located at 44 Willow Place Unit 3/44 Vail
Road Unit 3 for a 2,087 square foot unit located at Vail Village Filing 13, Block 2, Lot 23 W/2395
Bald Mountain Road Unit W.
II. REVIEW CRITERIA
Before acting on an employee housing deed -restriction exchange application, the Vail Local
Housing Authority and Vail Town Council shall consider the following criteria with respect to the
application:
1. The exchange EHU shall not be part of any employee housing project developed or
deed -restricted (in part or in whole) by the town of Vail. The exchange EHU shall not
be part of any on site employee housing mitigation required by inclusionary zoning,
commercial linkage, or as part of an approved development plan.
The exchange Type III EHU was built in 1994. The Type 111 Deed -Restriction was recorded
in May 1995 using common area square footage. Each of the 3 residential condominiums at
44 Willow Place contains an EHU. All are required to submit an annual affidavit indicating if
the unit is rented but are not required to be rented. The EHU is neither part of any employee
housing project developed or deed -restricted, nor is it part of any required mitigation.
Therefore, staff believes the proposed EHU conforms to this criterion.
2. The exchange EHU shall not be part of any on site employee housing mitigation
required by inclusionary zoning, commercial linkage, or as part of an approved
development plan.
July 3, 2018 - Page 78 of 131
The exchange EHU was built as part of the original construction of 3 condominiums using
common area square footage to add an EHU in each of the 3 condominiums. The EHU is
not part of an approved development plan. Therefore, staff believes this exchange EHU
complies with the applicable requirements.
3. The property that includes the exchange EHU shall comply with the prescribed
development standards (density controls including GRFA and number of units, site
coverage, landscaping and parking requirements, etc.), as outlined in the applicable
zone district section of this title, upon exchange of the deed restrictions.
The exchange EHU is located within the High Density Multiple -Family.. Per Town Code
Section 12-6H-2: PERMITTED USES employee housing units are a permitted use.
This requirement is related to the incentives offered in some circumstances related to
Employee Unit Type and zone district designation. These incentives allow deviations to
certain development standards.
The developer of Unit 3 of 44 Willow Place did not take advantage of any incentives
affecting development standards. At this time, the 44 Willow Place development complies
with prescribed development standards of the High Density Multiple Family District and
meets the required criteria related to participation in the exchange program.
4. The proposed EHU(s) shall be within a homeowners' association that does not
preclude deed -restricted units, does not have a right of first refusal, does not have
right to approve the sale or the sale contract, or have any other requirements deemed
to be similarly restrictive by the administrator.
The proposed EHU is not located within a homeowners association containing any
restrictions and therefore staff believes this proposed EHU complies with the criteria.
5. The proposed EHU shall comply with the minimum size requirements shown in table
13-2 of this section. If the exchange EHU is outside of the commercial job core and
the proposed EHU(s) is outside of the commercial job core, the gross residential floor
area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross
residential floor area (GRFA) of the exchange EHU.
The exchange EHU is located within the mapped commercial job core area. Therefore, the
proposed EHU shall meet the criteria listed below as noted in Town Code 12-13-5 Section
3, Exchange Rate For Proposed EHUs:
3b. If the exchange EHU is within the commercial job core and the proposed EHU(s)
is outside of the commercial job core, the gross residential floor area (GRFA) of the
proposed EHU(s) shall be a minimum of three (3) times the gross residential floor
area (GRFA) of the exchange EHU.
The proposed EHU is located outside the commercial job core and contains 2,087 square
feet of GRFA exceeding the minimum required square feet of 1,467, thereby meeting the
proposed EHU criteria.
TABLE 13-2
MINIMUM SIZE OF PROPOSED EHUs
Town of Vail Page 2
July 3, 2018 - Page 79 of 131
Type Of Unit
Studio
1 bedroom
2 bedroom
3+ bedrooms
Minimum Size (GRFA)
438 square feet
613 square feet
788 square feet
1,225 square feet
6. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom.
The proposed EHU contains a full kitchen facility, and therefore, meets the criteria.
7. The property on which the proposed EHU is located shall comply with chapter 10, "Off
Street Parking And Loading", of this title.
The proposed EHU contains 1 garage parking space and 4 surface parking spots and
complies with chapter 10. The proposed EHU shall have its own entrance. There shall
be no interior access from the proposed EHU to any dwelling unit to which it may be
attached.
The proposed EHU enters into a 3 bedroom 2.5 bathroom duplex single family residence.
Staff has confirmed this meets the proposed criteria.
III. ATTACHMENTS
Owner's Request, represented by K.H. Webb Architect
Town of Vail Page 3
July 3, 2018 - Page 80 of 131
5.21.18 revised
Vail Local Housing Authority
Attn: George Ruther
75 S. Frontage Road
Vail, Colorado 81657
Re: EHU Exchanges for 44 Willow Place, Unit 3 and 1 170 Westhaven Drive
Dear VLHA Board Members,
Thank you for your assistance in these matters and the urgency in resolving the EHU
exchange at 44 Willow Place, Unit 3!
As George and I have discussed in recent weeks, we are looking for creative and affordable
solutions to remove the EHU's from both of these properties in Vail as well as provide valid
and 100% occupied EHU's in the Town of Vail. As you may know both of my clients
purchased these properties with the requirements for EHU's already on them. 44 Willow
Place was purchased by Alejandro Gonzalez Cimadevilla in the fall of 2015 with a
previously never occupied and invalid EHU in place. As we proceeded with a fully TOV
approved and Permitted renovation of the property that is now in its final phases, we
realized the EHU mandate of the property and its lack of functional nature. We are now
in process of purchasing a EHU Deed Restriction on another property in Vail to do a 3 to
exchange for 489sf or 1,467sf. At the moment, the property we are pursuing is +/-
2, I 00sf and we propose to Deed Restrict the entire amount but enable our client to
transfer the excess square footage to remove another Deed Restriction for an un -built
home at 1 170 Westhaven Drive, that is in the early stages of design. That property has a
requirement for a Type III/500sf EHU and we also propose a 2 to 1 Exchange for I,000sf.
To complete the exchange at that property, we will purchase a deed restriction on
another property that is at least 367sf so there will be no loss in units or square footages
in the Town of Vail. The Westhaven proposal is a bit more complex and will require an
SDD Amendment, we will retain Dominic Mauriello to aid in the approval process also.
At this point, we still need to finalize details and bank approvals with the seller of the Deed
Restriction but are looking for the VLHA to approve this proposal so we may continue
forward in an expeditious manner to resolve these matters.
We look forward to your assistance with this matter!
Sincerely,
KFIW
Kyle H. Webb, AIA
K.H. WEBB ARCHITECTS P.C.
CC: Alejandro Gonzalez Cimadevilla
Rick Travers Esq. Wear Travers and Perkins
Ignacio Torras
Greg Perkins Esq. Wear Travers and Perkins
Chris Neubecker, Planning Manager
Matt Mire, Town Attorney
Dominic Mauriello, MPG
710 WEST LIONSHEAD CIRCLE, SUITE A VAIL COLORADO 81657
970.477.2990 www.khwebb.com
MEMBER OF THE AMERICAN INSTITUTE Of ARCHITECTS
July 3, 2018 - Page 81 of 131
ri\
3/
TYPE 111 EMPLOYEE HOUSING UNIT
H1 STf3ICTlVE COVENANT
WHEREAS S.M.S. 6 P., a Colorado Limited Partnership
is the owner of
certain property (iho Owner) described asJnit 3 E.H.U. , a Portion of unit 3, 44 Willow Place,
accordin to the Condominium Map recar.e . L-,wassai't�T • [M4' Arm _c
Page yYj, and as defined and described in the • dam nium Declaration recorded
_72.10.277_, t in Book (/4 at -Page 4f;yr, [;Aunty of t.agre, Srate or uor'orado.
("the Properly'); and
WHEREAS, the ()wrier wishes to place certain reslrichons on the use of a unit or apartment
located an the Property for the benefit of the Owner and the Town of Vail, Colorado ('the Town').
NOW, Tl-1EREFOflf:, the Owner does hereby impose, establish, acknowledge. declare for the
benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following
restrictions, covenants, and condilions, alt of which shah be deemed to run with the land and inure to
the benefit and be bonding upon the Owner, its respective grantees. successors. and assigns.
1. Unit or Apartment 3 E . It • U • containing 4$9 square feet, is hereby restricted as
a Type 111 Employee Rousing Unit (EHU) which must comply with all the provisions of
Sections 18.57.020, 10.57.030, and 18.57.000 of the Vat( Municipal Code as amended.
2. The Type 111 Employee Housing Unit shall not be leased or rented for any period of less
than thirty (30) consecutive days; and. if it shall be ronled. it shall be rented only to
tenants who are lull lime employees who work in Eagle County. For the purposes of
this paragraph, a full time employee is one who works an average of a minimum of
thirty (30) hours each week_
3. A Typo I11 EHU may be sold, transferred. or conveyed separately from other dwelling
units or Employee Housing Units that may be located on the same tot or within the
same building so long as It meets the following conditions:
a) It must be used by the owner of the EHU as a permanent residence. For the
purpose al thin paragraph, a permanent residence shall mean the home or
place in which one's habitation is fixed and to which one, whenever he or she
is absent• has a present intention of returning after a departure or absence
therefrom, regardless of the duration of absence. In determining what Is a
562503 6--666 P-480 05/03/95 04:42P PC 1 OF 3
Sara J. Fisher Eagle County Clerk & Recorder
REC
15.00
DCC
7-4
July 3, 2018 - Page 82 of 131
permanent residence, the Town staff shall take the following circumstances
relating to the owner of the residence info account: business pursuits,
employment, income sources, residence for income or other tax purposes, age.
marital status. residence of parents. spouse and children if any, location of
personal and real property, an motor vehicle registration.
b) If a Type ill EHU is sold, transferred, or conveyed separately from the other
dwelling units andlor Type IIi Employee Housing Units in a multifamily
structure it is apart of, or from other dwelling units and/or Type ll! EHUs located
on the same lot, the Type Ill EHUs in the structure or an that tot shall be
subject to all the provision set forth in Section 16.57.020.
4. Thirty days prior to the transfer of a deed for a Type ill EHU, the prospective
purchaser shall submit an application to the Community Development Department
documenting that the prospective purchaser meets the criteria set forth above and shall
include an alfidavil affirming that he or she meets these criteria.
5. The Type ill EHU shall not be divided into any form of timeshares, inlervaI ownership,
or fractional fee ownership as those terms are defined in the Municipal Code of the
Tewn et Vail.
6. No later than February 1 of each year, the owner of oach employee housing unit within
the Town which Is constructed following the effective data of this ordinance shell submit
two (2) copies of a report of a form to be obtained from the community Development
department, to the Community development Department of the Town of Vail and
Chairman of the Town of Vail Housing Authonly selling forth evidence establishing that
each tenant whom resides within their employee housing unit is a lull -time employee in
Eagle County.
7. The provisions of these restrictive covenants may be enforced by the Owner and the
Town,
3. The conditions, restrictions, stipulations, and agreements contained herein shall not be
waived, abandoned, terminated, or amended except by the written consent of boot the
Town of Vail and the Owner of tho property.
2
562503 B-666 P-480 05/03/95 04,42P PG 2 OF 3
July 3, 2018 - Page 83 of 131
By:
' r
l My Commission Expires Juno 17, 199.51!
a" " • .tvfy. commission expires:
Ely:
TOWN OF VAIL, a Colorado municipal corporation
Robert W. McLaurin, Town Manager
The foregoing instrument was acknowledged before me this .3 f` ay of 4143, 1 `1
Notary Public
P
•pony + nem
04,-)42,t01 �C"A
The foregoing instrument was acknowledged before me ftl€s. i'day or 0Z/-/ r R- / 9 9-,
e__.L
Nom Public
My commission expires:
KIM E. GALKO
NOTARY PUBLIC
STAT_4iF COLORADO
�•' • rrienis art Fxpir 7.j l •eR
562502 F3-666 P-480 05/03/95 04:42P PC 3 OF 3
3
July 3, 2018 - Page 84 of 131
RESOLUTION NO. 26
SERIES OF 2018
A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE TOWN
OF VAIL AND ALEJANDRO GONZALEZ CIMADEVILLA; 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, Alejandro Gonzalez Cimadevilla is the owner of that certain property
("the Property") located within the Town of Vail, Eagle County, Colorado, with a physical
address of 44 Vail Road Unit 3 (aka Willow Place Unit 3), Vail, Colorado 81657;
WHEREAS, a restrictive covenant ("Restrictive Covenant") was recorded against
the Property for the sole purpose of creating an employee housing unit within the Town
of Vail as provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the
records of the Clerk and Recorder of Eagle County, Colorado on May 3, 1995 at Book
666, Page 480;
WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and
WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail
Town Code, wish to mutually release the Restrictive Covenant in exchange for the
placement of an employee housing deed restriction on Vail Village Filing 13, Block 2,
Lot 23 W/2395 Bald Mountain Road Unit W, Vail, Colorado 81657 (the "Proposed
EHU").
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Mutual Release of Restrictive
Covenant and authorizes the Town Manager to execute the Mutual Release of
Restrictive Covenant 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.
Resolution No. 26, Series of 2018
July 3, 2018 - Page 85 of 131
Section 2. This Resolution shall take effect immediately upon the recording of
an employee housing deed restriction in a form approved by the Town on the
Proposed EHU.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of July, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 26, Series of 2018
July 3, 2018 - Page 86 of 131
MUTUAL RELEASE OF RESTRICTIVE COVENANT
THIS RELEASE is made and entered into this day of , 2018, by and
between Alejandro Gonzalez Cimadevilla, hereinafter referred to as "RELEASEE" and the Town
of Vail, a Colorado Municipal Corporation, hereinafter referred to as "RELEASOR".
WHEREAS, Releasee is the owner of that certain property ("the Property") located within
the Town of Vail, Eagle County, Colorado, with a physical address of 44 Vail Road Unit 3 (aka
Willow Place Unit 3), Vail, Colorado 81657;
WHEREAS, a restrictive covenant ("Restrictive Covenant") was recorded against the
Property for the sole purpose of creating an employee housing unit within the Town of Vail as
provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the records
of the Clerk and Recorder of Eagle County, Colorado on May 3, 1995 at Book 666, Page 480;
WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and
WHEREAS, at the public meeting held on July 3, 2018, and pursuant to Section 12-13-5
of the Vail Town Code, the Town Council of the Town of Vail, Colorado ("Town Council")
approved the release of the Restrictive Covenant in exchange for the placement of an employee
housing deed restriction on Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain Road
Unit W, Vail, Colorado 81657.
NOW THEREFORE, in consideration of the mutual terms and provisions herein below
set forth, and other good and valuable consideration, the receipt and adequacy of which is
hereby confessed and acknowledged to, the parties agree:
1. The Town Council approved the release of the Restrictive Covenant on July 3, 2018, via
Resolution 26, Series of 2018.
2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in
the office of the Clerk and Recorder of Eagle County, Colorado at Book 666, Page 480
and dated May 3, 1995 and hereby releases Releasee from all duties and obligations of
said Restrictive Covenant.
3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or
otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no
further restrictions imposed by Releasor.
4. Upon execution of the Release, Releasee shall be free to reside in and use the Property
with no further restrictions imposed by the Releasor.
5. This Release shall be permanent and shall run with the land and shall not be waived,
abandoned, amended, or terminated and shall inure to the benefit and be binding upon
the parties, their respective grantees, successors, or assigns.
Page 1 of 2
July 3, 2018 - Page 87 of 131
6. This Release constitutes the entire agreement between the parties with respect to the
subject matter hereof, and there are no inducements, representations, warranties, or
understandings that do not appear within the terms and provisions of the Release. This
Release may be modified only in writing, signed by both parties.
7. This release shall be recorded in the real property records of Eagle County, Colorado
and the provisions of this Release shall be governed by the laws of the State of
Colorado, including any action arising out of this Release.
8. If any provisions of this Release shall be held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect. This Release has been negotiated by the parties and their respective counsel
and shall be interpreted fairly in accordance with its terms and without any strict
construction in favor of or against either party.
RELEASOR:
TOWN OF VAIL, a Colorado Municipal Corporation
By:
Greg Clifton, Town Manager
ATTEST:
Patty McKenny, Town Clerk
RELEASEE:
By:
Alejandro Gonzalez Cimadevilla, Current Owner
STATE OF
) ss
COUNTY OF
The foregoing instrument was acknowledged before me this
Alejandro Gonzalez Cimadevilla.
day of , 2018 by
Notary Public:
My Commission Expires:
Page 2 of 2
July 3, 2018 - Page 88 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 27 Series of 2018, A Resolution Approving an Intergovernmental
Operations Agreement Red Sandstone Elementary School Parking Structure (the "Agreement");
and Setting Forth Details in Regard Thereto
ATTACHMENTS:
Description
Resolution No. 27, Series of 2018
July 3, 2018 - Page 89 of 131
RESOLUTION NO. 27
SERIES OF 2018
A RESOLUTION APPROVING AN INTERGOVERNMENTAL OPERATIONS
AGREEMENT RED SANDSTONE ELEMENTARY SCHOOL PARKING STRUCTURE
(THE "AGREEMENT"); 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 Eagle County School District (the "District") is a Colorado school
district duly organized and operated pursuant to Article IX of the Colorado Constitution and
C.R.S. § 22-30-101, et seq.;
WHEREAS, on the real property adjacent to the Red Sandstone Elementary School,
the Town will construct a multi-level public parking structure providing parking for 160
vehicles, as well as an access driveway and related improvements including without
limitation the necessary improvements to the lower parking lot and the Frontage Road;
WHEREAS, along with the Vail Reinvestment Authority the Town and the District
entered into an Intergovernmental Development Agreement dated August 15, 2017,
concerning funding for the Project and various duties and responsibilities (the
"Development IGA");
WHEREAS, the Development IGA requires the details for operation of the parking
structure within the Project to be determined by separate Operations Agreement between
the Town and the District;
WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution
and C.R.S. § 29-1-203, the Town and the District may enter into agreements with one
another to cooperate in the provision of services and facilities, when so authorized by their
governing bodies; and
WHEREAS, each Party has determined it to be in the best interest of the public
health, safety and welfare to enter into this Operations Agreement.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Agreement and authorizes the Town
Manager to execute the Agreement on behalf of the Town in substantially the same
form as attached hereto as Exhibit A and in a form approved by the Town Attorney.
Resolution No. 27, Series of 2018
July 3, 2018 - Page 90 of 131
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of July, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 27, Series of 2018
July 3, 2018 - Page 91 of 131
INTERGOVERNMENTAL OPERATIONS AGREEMENT
RED SANDSTONE ELEMENTARY SCHOOL PARKING STRUCTURE
THIS INTERGOVERNMENTAL OPERATIONS AGREEMENT (the "Agreement")
is made this day of , 2018 (the "Effective Date"), by and between the
Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage
Road, Vail, Colorado 81657 (the "Town"), and the Eagle County School District, a
Colorado school district with an address of 948 Chambers Avenue, P.O. Box 740,
Eagle, Colorado 81631 (the "District") (each a "Party" and collectively the "Parties").
WHEREAS, the District is a Colorado school district duly organized and operated
pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et seq.;
WHEREAS, the Town is a Colorado municipality organized and operated
pursuant to its home rule charter and Colorado law;
WHEREAS, on the real property adjacent to the Red Sandstone Elementary
School, the Town will construct a multi-level public parking structure providing parking
for 160 vehicles (the "Structure"), as well as an access driveway (the "Driveway"), and
related improvements including without limitation the necessary improvements to the
lower parking lot and the Frontage Road (the "Related Improvements") (collectively, the
"Project");
WHEREAS, along with the Vail Reinvestment Authority (the "VRA"), the Parties
entered into an Intergovernmental Development Agreement dated August 15, 2017,
concerning funding for the Project and various duties and responsibilities (the
"Development IGA");
WHEREAS, the Development IGA requires the details for operation of the
parking structure within the Project to be determined by separate Operations Agreement
between the Parties;
WHEREAS, the Parties also entered into a Lease dated April 12, 2006 and a
First Amendment to Lease dated May 1, 2018;
WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado
Constitution and C.R.S. § 29-1-203, the Parties may enter into agreements with one
another to cooperate in the provision of services and facilities, when so authorized by
their governing bodies; and
WHEREAS, each Party has determined it to be in the best interest of the public
health, safety and welfare to enter into this Operations Agreement.
NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements, and stipulations contained herein, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1
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1. Background and Purpose. This Operations Agreement establishes the plan for
operation of the Structure. The Structure is owned and operated by the Town with
financial contribution from the District and the VRA. The purpose of this Operations
Agreement is to ensure that the Town and the District agree in all relevant detail about
operation and maintenance of the Structure, the Driveway and the Related
Improvements.
2. Definitions. For purposes of this Agreement, the following terms shall have the
following meanings:
a. "Operation and Maintenance Costs" means the Town's actual cost to
operate and maintain the Structure and the Driveway, including without limitation the
cost of utilities serving the Driveway and Structure and the cost of snow removal for the
Driveway and Structure.
b. "School Year" means the teacher contact days in the District's academic
calendar each year, plus 5% of the total number of days, as indicated on a calendar to
be finalized by the Town and the District on an annual basis, at least 60 days prior to
the start of the School Year.
3. Hours of Operation. The Structure will be open to the public 365 days per year,
as more particularly set forth in the Conditional Use Permit granted by the Town on
September 11, provided that the Town may close the Structure or any portion thereof
for maintenance and repair as necessary. The Town shall use its best efforts to
schedule any closing outside of the School Year.
4. Use Restrictions.
a. Of the 160 total parking spaces in the Structure, 40 parking spaces on the
upper level will be restricted for exclusive use by the District during the defined School
Year (the "Restricted Spaces"), provided that there shall be no parking on the upper
level between 11:00 p.m. and 6:30 a.m.
b. Should the Town be notified of any vehicle parked in violation of the
District's reserved use, the Town will use its best efforts to have the vehicle's owner
notified and to have the vehicle removed.
c. The Town shall provide the District with parking passes for use of the
Restricted Spaces, and the District will control the distribution of its parking passes and
is responsible for the replacement cost of lost or damaged passes.
d. At the conclusion of each School Year, and until the start of the next
School Year, the Restricted Spaces will be returned to the Town for public use.
e. If the District would like usage of more than its 40 parking spaces or use of
its 40 spaces after the School Year, the District will negotiate with the Town for
additional parking spaces or for additional parking duration at a mutually -agreed upon
2
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rate, which shall be memorialized by separate agreement; provided that nothing in this
Agreement shall be construed to give the District the right to any additional parking
spaces during the School Year or continued use after the School Year.
f. The Structure shall not be expanded without the prior written consent of
the District.
g. The Town acknowledges that during school drop-off and pick-up times,
incoming access to the third level of the Structure may be limited.
5. Operations and Maintenance.
a. The Town shall maintain and operate the Structure with cost contributions
by the District. In the first year of this Agreement, beginning on the Effective Date, the
District is responsible for 13.017% of the annual Operation and Maintenance Costs for
the Structure, calculated as follows:
Formula
2018-19 School Year
160 spaces (total capacity) x 365 days = 58,400
58,400
School Year x 40 spaces
190 x 40 = 5,320
District's Proportional Share
5,320 / 58,400 =
13.017%
b. The District's share of the Operations and Maintenance Costs shall be
paid annually on or before February 1st, and within 30 days of receipt of an invoice from
the Town.
c. The Town shall set an Operations and Maintenance Costs budget
annually in consultation with the District. The above formula shall be updated and
applied annually with information specific to each School Year.
6. Capital Costs Contribution.
a. In addition to contributing a share of Operations and Maintenance Costs,
the District shall contribute 13.017% to capital maintenance items determined by the
Parties to be necessary for the Structure (the "Capital Costs Contribution"). In the first
year of this Agreement, beginning on the Effective Date, the District is responsible for
$0 in Capital Costs Contribution
b. The District shall pay the Capital Costs Contribution annually on or before
February 1st and within 30 days of receipt of an invoice from the Town.
c. The Town and the District shall meet annually to establish the Capital
Costs Contribution for the upcoming year and shall maintain an agreed-upon list of
capital maintenance items to be completed within the next year, 5 years and 10 years.
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7. Snow Storage. Snow storage for the Structure shall not impact the District's
access or use of its Restricted Spaces, provided that there shall be no parking on the
upper level between 11:00 p.m. and 6:30 a.m.
8. Term and Termination.
a. Term. Upon the Effective Date, this Agreement shall be for a term of one
year. This Agreement shall renew for successive one year terms provided the following
occurs, as required pursuant to this Agreement: (i) the District timely pays its share of
Operations and Maintenance Costs and Capital Costs Contributions; and (ii) the Parties
meet at least annually to establish the School Year and establish the Operations and
Maintenance Costs budget and Capital Costs Contributions.
b. Termination. Termination of the Development IGA shall result in
automatic termination of this Operations Agreement without further action.
9. Breach and Remedies.
a. District. The District's failure to timely pay its share of Operation and
Maintenance Costs and its Capital Costs Contribution shall result in the District's
immediate loss of access to the Restricted Spaces.
b. Town. The Town's failure to operate or maintain the Structure in a manner
that allows the District access to and use of its Restricted Spaces will entitle the District
to a credit toward its portion of Operations and Maintenance Costs calculated according
to the documented number of Restricted Spaces rendered unavailable and the
documented number of days that such spaces are unavailable.
10. Insurance. The Town and the District shall carry insurance for the Structure as
determined necessary by the risk carriers of each Party. The Parties shall each list the
other Party as an additional insured on the appropriate policies. Annual insurance costs
shall be excluded from Operation and Maintenance Costs and paid for by each Party
individually.
11. Waiver and Release. The District hereby waives and release the Town, its
officers, employees and agents against all liability, claims and demands 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 the Town's
operation or maintenance of the Structure.
12. Miscellaneous.
a. 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.
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b. Books and Records. The Town will make available to the District upon
reasonable notice all agreements, records and documents reasonably necessary to
confirm or audit the Town's requests for payment hereunder.
c. 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.
d. Integration. This Agreement represents the entire agreement between the
Parties with respect to the subject matter hereof, and all prior or extrinsic agreements,
understandings or negotiations shall be deemed merged herein.
e. Waiver. No provision of this 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.
f. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
g. 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.
h. 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.
No Joint Venture. No form of joint venture exists between the Parties and
nothing contained in this Agreement shall be construed as making the Parties joint
venturers. In no event shall any Party or its employees or its representatives be
considered or authorized to act as employees or agents of any other Party.
j. Force Majeure. No Party shall be liable for a failure to perform as required
by this Agreement to the extent such failure to perform is caused by a reason beyond
the control of that Party or by reason of any of the following occurrences, whether or not
caused by such Party: strikes, labor disturbances or labor disputes of any character,
accidents, riots, civil disorders or commotions, war, acts of aggression, floods,
earthquakes, acts of God, explosion or similar occurrences; provided that such Party
shall exercise its best efforts to provide the best possible alternative performance and to
prevent the foregoing occurrence from obstructing full performance.
k. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of either the Town or the District 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
either the Town or the District within any statutory or constitutional provision.
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Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities that any Party or its officials, representatives, attorneys
and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., as amended.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
ATTEST:
ATTEST:
Patty McKenny, Town Clerk
EAGLE COUNTY SCHOOL DISTRICT
TOWN OF VAIL
Greg Clifton, Town Manager
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TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 28, Series of 2018, A Resolution Approving an Amended and
Restated Reciprocal Hazardous Material Incident Intergovernmental Agreement ("I GA") Between
the Town of Vail and Regional Hazardous Materials Association of Colorado; and Setting Forth
Details in Regard Thereto.
ATTACHMENTS:
Description
Resolution No. 28, Series of 2018
July 3, 2018 - Page 98 of 131
RESOLUTION NO. 28
Series of 2018
A RESOLUTION APPROVING AN AMENDED AND RESTATED RECIPROCAL
HAZARDOUS MATERIAL INCIDENT INTERGOVERNMENTAL AGREEMENT ("IGA")
BETWEEN THE TOWN OF VAIL AND REGIONAL HAZARDOUS MATERIALS
ASSOCIATION OF COLORADO; 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 Parties entered into a Regional Hazardous Materials Association of
Eagle County Establishment and Reciprocal Hazardous Material Incident Intergovernmental
Agreement, dated October 9, 2012, (the "Original IGA") for the purpose of establishing a
separate governmental entity known as the Regional Hazardous Materials Association of Eagle
County ("RHMAEC") for purposes of conducting joint hazardous materials activities including
without limitation, planning, information management, initial response, equipment procurement
and sharing, personnel procurement and training, reimbursement and financial management as
an operational group; and
WHEREAS, the Parties wish to enter into this IGA, which shall replace the Original IGA
in its entirety; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The Council hereby approves the IGA and authorizes the Town Manager to
execute the IGA 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.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 3rd day of July, 2018.
Dave Chapin, Mayor of the Town of Vail
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 28, Series of 2018
July 3, 2018 - Page 99 of 131
REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE
COUNTY
(RHMAEC)
AMENDED AND RESTATED
REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY
ESTABLISHMENT AND
RECIPROCAL HAZARDOUS MATERIAL INCIDENT
INTERGOVERNMENTAL AGREEMENT ("IGA")
This IGA is made and entered into this 28th day of June , 201 8 by and
between the Town of Vail, Eagle River Fire Protection District, Greater Eagle Fire Protection
District, Gypsum Fire Protection District, and Eagle County, hereinafter referred to collectively
as "Operational Members" or "Parties" and individually as "Operational Member" or "Party."
RECITALS
WHEREAS, Section 29-22-102(3) (a) and (b), C.R.S., requires the governing bodies of
every town, city, and county in the state to designate an emergency response authority
("DERA") responsible for hazardous substance incidents occurring within the respective
jurisdictions of the governing bodies; and
WHEREAS, Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution
and Section 29-1-201, C.R.S., permit and encourage governments to enter into contracts to make
the most effective use of their resources for the benefit of the public; and
WHEREAS, Section 29-1-203, C.R.S., authorizes the State of Colorado and its political
subdivisions to enter into contracts to provide functions or services, including the sharing of
costs of such functions or services, which each of the Parties may be authorized to provide; and
WHEREAS, Section 29-22-103(3), C.R.S., encourages mutual aid agreements between
emergency response authorities for the purpose of enhancing the response to hazardous
substance incidents and establishing procedures for, among other things, utilizing equipment,
sharing technical assistance and promoting the safe handling of hazardous substance incidents;
and
WHEREAS, hazardous materials incidents may arise in one or more of the Parties'
jurisdictions, resulting in response demands that exceed the personnel, equipment and/or
expertise of that particular Party; and
WHEREAS, the Parties entered into a Regional Hazardous Materials Association of
Eagle County Establishment and Reciprocal Hazardous Material Incident Intergovernmental
Agreement, dated October 9, 2012, (the "Original IGA")for the purpose of establishing a
separate governmental entity known as the Regional Hazardous Materials Association of Eagle
County ("RHMAEC") for purposes of conducting joint hazardous materials activities including
without limitation, planning, information management, initial response, equipment procurement
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and sharing, personnel procurement and training, reimbursement and financial management as an
operational group; and
WHEREAS, the Parties wish to enter into this IGA, which shall replace the Original IGA
in its entirety; and
WHEREAS, the Parties wish to facilitate participation in such joint hazardous materials
activities by other agencies and entities with capabilities or responsibilities related to hazardous
materials activities, which other agencies and entities, upon joining the RHMAEC as provided
herein shall be known as "Advisory Members," and which along with the Operational Members,
shall be referred to collectively as "RHMAEC Members"; and
WHEREAS, to receive the RHMAEC Members resource(s), it is cost effective for each
of the RHMAEC Members to make available during a hazardous materials incident, its own
resources to other affected RHMAEC Members; and
WHEREAS, it is in the best interests of the public and each RHMAEC Member to have
access to hazardous materials response resources of other RHMAEC Members to supplement
their own resources during a hazardous materials incident; and
WHEREAS, establishment of the RHMAEC will serve a public purpose and will
promote the safety, security, and general welfare of the inhabitants within all the participating
Parties' jurisdictions;
NOW, THEREFORE, in consideration of the mutual benefits that will inure to the
public and the Parties, and the mutual covenants by and between each of the Parties, it is agreed
as follows:
1. Establishment of RHMAEC. The Regional Hazardous Materials Association of Eagle
County ("RHMAEC") is hereby established as a separate governmental entity, in accordance
with Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1-
201, et seq., C.R.S.
2. Purpose. This IGA is entered into for the express purpose of creating RHMAEC and the
mutual cooperation between the RHMAEC Members for hazardous substance response planning,
and in the event of the occurrence of hazardous substance incidents it is intended to provide for
the planning and initial emergency action necessary to minimize the effects of the hazardous
substance incidents under Article 22 of Title 29, C.R.S. (DERA function). The Operational
Members have entered into this IGA and agree to participate in RHMAEC in reliance upon the
rights, obligations and immunities conferred upon them by these statutes and the provisions of
the Colorado Governmental Immunities Act at C.R.S. § 24-10-101, et seq. In pursuing its DERA
support functions, RHMAEC shall exist for the purposes of coordinated planning, information
management and reporting, training, education, coordination, rapid deployment of qualified
personnel and proper equipment for pre- and initial hazardous substance emergency action and
the financial management necessary to achieve the purposes of the IGA and minimize the effects
of hazardous substance incidents within Eagle County. This IGA is not intended to, nor shall it
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be construed to, affect or extend the legal responsibilities of any RHMAEC Member except as
expressly provided herein; create or extend any legal rights to any person from any RHMAEC
Member that do not otherwise exist in the absence of this IGA; or, to waive any claims which
may arise as a result of a hazardous materials incident, including claims for reimbursement from
persons responsible for hazardous substance incident or from any emergency response funds
created under state or federal law.
3. Definitions. As used herein the terms "hazardous material incident" and "hazardous
substance incident" shall be synonymous and shall have the same meaning as provided in
Section 29-22-101(2), C.R.S., as amended from time to time.
4. RHMAEC Members. There shall be two categories of RHMAEC Members.
A. Operational Members. Parties to this IGA shall be Operational Members of
RHMAEC. Each Operational Member shall name one primary representative as a full
voting member of the Board of Directors of RHMAEC. Each Operational Member may
also designate an alternate for the purpose of attending meetings and voting in the
absence of the designated primary representative. Operational Member representatives
shall comprise the RHMAEC Board of Directors.
B. Advisory Members. All other members of RHMAEC shall be designated as
Advisory Members; RHMAEC shall include representatives ("Advisory Members") from
interested or involved groups as such representatives are available. A representative from
the Eagle County Local Emergency Planning Committee is encouraged to be involved as
member at this level.
5. Board of Directors. A Board of Directors consisting of the designated primary
representatives of the Operational Members shall govern the business and affairs of RHMAEC
(the "RHMAEC Board of Directors"). Officers of RHMAEC shall be elected from among the
Operational Members' primary representatives or in the case when no Operational Member is
available to fill the role of Secretary a representative of the Advisory Members may be appointed
to the position of Secretary by a majority of the Board, as provided in the Bylaws. The elected
Treasurer of RHMAEC shall have the primary responsibility of ensuring proper management of
the financial resources of RHMAEC with oversight by the RHMAEC Board of Directors as
further provided in the Bylaws;
6. Bylaws. The RHMAEC Board of Directors shall, by two-thirds (2/3) vote, enact and
from time to time amend bylaws ("Bylaws") to govern the organization and operation of
RHMAEC.
8. DERA Responsibilities. Nothing in this IGA shall be deemed to alter the authority of any
existing DERA pursuant to Section 29-22-102(3), C.R.S., except for coordination of cost
reimbursement as described herein. A response by RHMAEC team(s) and equipment to a
hazardous substance incident under this IGA shall be under the operational control of the DERA,
and shall not alter the responsibility of the DERA in whose jurisdiction the incident occurs to
command the response. All Parties hereto hereby delegate to RHMAEC their DERA authority to
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seek cost reimbursement for hazardous substance incidents involving a response by RHMAEC
teams or equipment.
9. Cost Reimbursement. Whenever a response to a hazardous substance incident involves
RHMAEC team(s) or equipment, the Parties agree that RHMAEC shall function as coordinator
of claims for reimbursement of costs incurred by all responding RHMAEC Members (including
the DERA). The RHMAEC Board of Directors shall adopt procedures for preparing and
submitting requests for cost reimbursement and allocation of reimbursement revenue. In
conjunction with these policies RHMAEC Members will use their previously approved
Cooperator Resource Rate Forms (CRRF) outlined through the Colorado State Forest Service
(CSFS) for all billing. The RHMAEC shall timely submit the coordinated claim on behalf of
itself, the DERA and the responding RHMAEC Members. Should such reimbursement proceeds
be less than the total costs of all RHMAEC Members (including the DERA) involved in the
incident response, reimbursement to all such RHMAEC Members (including the DERA) shall be
reduced in a proportionate manner. Unreimbursed costs incurred by RHMAEC team(s) or
equipment shall be absorbed by the RHMAEC Members involved in the incident. Any
reimbursement of costs coordinated by RHMAEC shall follow the rules for reimbursement
("Rules") as promulgated by Colorado Department of Public Safety pursuant to Section 29-22-
104 (6)(a), C.R.S. Claims for reimbursement shall be submitted to RHMAEC within 24 days
following the date the incident scene is declared safe by the DERA. All Parties to this IGA and
all Advisory Members, by participating in RHMAEC waive any rights to seek reimbursement for
an incident for which RHMAEC has been delegated reimbursement authority, except through
RHMAEC, and authorize RHMAEC to settle and compromise any claim for reimbursement
following procedures adopted by the RHMAEC Board of Directors.
10. Response Area. It is the intent of the Parties that the primary response area of RHMAEC
shall be limited to Eagle County. Upon written agreement signed by two-thirds (2/3) of the
RHMAEC Board of Directors, RHMAEC may enter into agreements to provide assistance
outside Eagle County upon request.
11. RHMAEC Response. Whenever the DERA determines that a hazardous substance
incident within its jurisdiction requires RHMAEC resources, a request for RHMAEC assistance
shall be made. Upon receiving a request for assistance, RHMAEC will provide the requested
resources to the location of the hazardous substance incident in accordance with RHMAEC
Policies and Best Practices. For the duration of the hazardous substance incident, the responding
RHMAEC Member personnel shall defer to the DERA for designation of Incident Commander.
12. Funding and Property. Operational Member contributions shall be determined by
agreement among the Parties for the initial funding in 2002. For each subsequent year,
Operational Membership contributions will be made on an annual basis and shall be proposed by
the RHMAEC Board of Directors. All budget proposals are subject to formal approval by the
governing body of each individual Operational Member. Operational member contributions will
be based upon a percentage of one quarter of one percent of the previous years' operating budget
of each Operational member excluding items listed in Exhibit A. The procedures for budgeting,
setting contributions and approvals by the governing body of each Operational Member shall be
detailed in the adopted Bylaws. It is the intent of the Parties that financial support of RHMAEC
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functions and equipment, as well as reliance on RHMAEC equipment and expertise, shall be
shared among the Parties.
13. Insurance. Each Party shall at its own expense, keep in full force and effect, during the
term of this IGA, general liability insurance coverage to protect against claims for bodily injury
and property damage arising out of the acts or omissions of their own employees or agency, and
liability insurance on any equipment or rolling stock they own or lease in accordance with the
Colorado Revised Statutes. Personal Liability and/or Public Officials insurance will be provided
by RHMAEC for all members of the RHMAEC Board of Directors.
14. Hazardous Substance Incident Response. It is anticipated that initial responses to
hazardous substance incidents shall be through the resources and equipment of the individual
Operational Members responding separately but acting in concert and cooperation. Operational
Members may request RHMAEC resources, which resources may consist of individuals from
various Operational Members and equipment funded by RHMAEC.
15. Employees of RHMAEC Members. When providing any services pursuant to this IGA,
including responding to a hazardous materials incident and providing services in furtherance of
the DERA under this IGA, employees of RHMAEC Members shall at all times remain and act as
employees of their respective RHMAEC Member, subject to the terms of this IGA. RHMAEC
Members shall remain responsible for the compensation, benefits and insurance of such
employees at all times.
16. Termination. Any Operational Member may terminate or withdraw from this
IGA for any or no reason upon ninety (90) days advance written notice to the RHMAEC Board
of Directors. Such written notice shall serve as a formal amendment to this IGAand negate the
need for further amendment. Any Operational Member choosing to withdraw from RHMAEC
shall be responsible for their annual contribution commitment after the start of each fiscal year.
Any dues, donations or other contributions owing at the time of withdrawal shall be paid prior to
withdrawal. Any Advisory Member may withdraw at any time upon written notice to the
RHMAEC Board of Directors, subject to the same reimbursement rights and obligations. Upon
withdrawal from RHMAEC, the Operational Member shall surrender all critical items such as
gas detectors and hazmat suits, unless a written request to retain said equipment has been
submitted and approved by the RHMAEC Board of Directors.
17. Additional Operational Members. Agencies desiring to join RHMAEC as Operational
Members subsequent to its organization shall execute a copy of this IGA and a separate
agreement with the RHMAEC Board of Directors that adheres to the policies and principles
herein, and pay accumulated dues, capital contributions or other assessments as determined at the
discretion of the RHMAEC Board of Directors. Such agreements related to joining RHMAEC as
an Operational Member shall be approved by a majority vote of the RHMAEC Board of
Directors. Upon delegation of an Operational Member's DERA authority to another entity, such
entity shall become an Operation Member upon executing such agreements and approval by the
RHMAEC Board of Directors.
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18. Governmental Immunity. Nothing in this IGA shall be construed as a waiver of the
limitations on damages, or as a waiver of the privileges, immunities, or defenses provided to, or
enjoyed by, any of the RHMAEC Members under common law or pursuant to statute including,
but not limited to, the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.
and Sections 24-32-2604, et seq., C.R.S.
19. Worker Compensation and Pension Benefits. Pursuant to Sections 29-5-109, and 29-5-
110, C.R.S., and this IGA, if any personnel of a responding RHMAEC Member is injured,
disabled, or dies as a result of performing services within the boundaries of another jurisdiction,
said individual shall remain covered by, and eligible for, the workers' compensation and pension
benefits, including disability, death, and survivor benefits, to which the individual would
otherwise be entitled if the injury, disability, or death had occurred within the jurisdictional
boundaries of the responding RHMAEC Member.
20. Prior Agreements. The terms of this IGA shall supersede the terms of any pre-existing
agreements between RHMAEC Members regarding responses to hazardous substance incidents
and actions or responsibilities, except for incidents that do not require the assistance of other
RHMAEC Members or RHMAEC. This IGA shall not affect or supersede any other agreements,
including mutual aid agreements between RHMAEC Members.
21. Whole Agreement. This IGA embodies the whole agreement between the Parties
regarding responses to hazardous substance incidents and actions or responsibilities under
Emergency Planning and Community Right -to -Know Act, except for incidents that do not
require the assistance of other RHMAEC Members or RHMAEC, and there are no inducements,
promises, terms, conditions or other obligations made or entered into by the Parties other than
those contained herein.
22. Successors and Assigns. This IGA shall be binding upon the Parties hereto, their
respective successors or assigns, but may not be assigned by any Party without the express
written consent of the other Parties.
23. Severable. All terms contained in this IGA are severable and in the event that a court of
competent jurisdiction shall hold any of them invalid, this IGA shall be interpreted as if such
invalid term or condition is not contained herein.
24. Authorization. The signatories to this IGA affirm and warrant that they are fully
authorized to enter into and execute this IGA, and all necessary actions, notices, meetings and/or
hearings pursuant to any law required to authorize their execution of this IGA have been made.
25. Amendment. This IGA may be amended from time to time by written IGA duly
authorized by all the Parties to this IGA. No modification or waiver of this IGA or any covenant,
condition or provision contained herein shall be valid unless in writing and duly executed by all
Parties.
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26. No Third Party Beneficiaries. This IGA does not and shall not be deemed to confer upon
or grant to any third party any right enforceable at law or equity arising out of any term,
covenant, or condition herein or the breach thereof.
27. Recording. This IGA, or a memorandum of this IGA, may be recorded in the records of
the Eagle County Clerk and Recorder.
28. Effective Date. This IGA shall be effective upon approval by each of the
Operational Members named herein, as evidenced by such duly passed resolution, ordinance or
other appropriate authorization of each, and the execution of this IGA by the Operational
Members' authorized representatives.
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WHEREFORE, the duly authorized representatives of Operational Members hereto
have executed this Reciprocal Hazardous Material Incident Intergovernmental Agreement
effective as of the date and year first written above.
Eagle River Fire Protection District Date
Greater Eagle Fire Protection District Date
Gypsum Fire Protection District Date
Eagle County Sheriff Date
TOWN OF VAIL
By:
Date:
Attest:
Town Clerk
Mayor
COUNTY OF EAGLE, STATE OF
COLORADO, by its Board of County Commissioners
By:
Chair
Date:
ATTEST:
Clerk to the Board
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EXHIBIT A
The following items shall be excluded when determining individual Operational Member contributions to
the RHMAEC budget:
• HR
• Finance
• Legal
• Payroll Services
• Treasurer
• Capital
• Cash Balance
• Board of Director Fees
• Elections
• Debt Service
• Information Technology
• Grants
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VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town Manager Report
ATTACHMENTS:
Description
Town Manager Report
TOWN OF 1 X41
July 3, 2018 - Page 109 of 131
TOWN OF VAIL `
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
TOWN MANAGER REPORT -
July 3rd TOWN COUNCIL MEETING
TOPICS
Colorado Municipal League
Conference
Retreat Schedule
Community Development
Director
CC4CA Retreat
Action Plan Update
Future Council Presentations
CML Annual Conference
Town Manager's Office
970.479.2106
970.479.2157 fax
The three-day conference occurred in Vail, with most of the sessions and large
events occurring in Marriott, Antlers, and Arrabelle. The attendance was quite
large and the sessions were excellent. I do believe that the Town of Vail
presented itself quite well.
Of note is the music provided during the Wednesday evening reception, courtesy
of the Town (thanks to Patty McKenny and others for orchestrating), the 5K run
on Thursday (thanks to Vail Rec District) and the AIPP tour which was very well
received, and timed perfectly with the arrival of Patrick Dougherty, the shaper of
sticks.
The conference was highlighted with a keynote speech by the Director of the
Colorado Dept of Local Affairs, Iry Halter. Mr. Halter is a veteran of over 32 years
in the United States Air Force where he rose to the rank of Major General. He
has held senior positions at the Air Force Academy, the National
Reconnaissance Office, and Joint Staff in Washington, DC. His speech, largely
regarding leadership at the local level, was inspiring and emotional. His message
was simple — "get it done, and be ready to take risks".
I asked CML Director Sam Mamet for his comments on the retreat overall:
We had a near record attendance, nearly 1300 people. There were over 40
sessions throughout the three days. The Vail merchants rolled the red carpet out
for our folks, and the discounts offered were much appreciated. The Marriott,
Arrabelle, Ritz, and Antlers were marvelous. Everyone loved the Vail hospitality
July 3, 2018 - Page 110 of 131
Town Manager's Report
Retreat Schedule
We are scheduling two retreats with the Town Council for August. The Budget
Retreat will occur during a regular Council meeting, August 21st, at the
Grandview. This will be an afternoon retreat and details will follow.
The date of the second retreat, with Vail Resorts, is still in play, and will likely be
reported during presentation of this report at the July 3rd Council meeting. Stay
tuned.
It may be beneficial to schedule our quarterly retreats for the calendar year well in
advance to ensure availability, location, and consistency. The thought is to
schedule the retreats to occur the off -Tuesday of January, April, August, and
November, with the August retreat being devoted to the budget process. The
November retreat, during election years, could include orientation for new
councilmembers. We can discuss to see if this works.
Status of Community Development Director Recruitment
The window for submittal of applications closed with 55 applications, with one
internal to the organization. A panel of eight persons has been assembled
consisting of representatives of PEC, DRB, the Building Appeals Board, and
Town staff. The panel, together with HR staff, will be shortlisting the candidates
and participating in on-site interviews with the semi-finalists scheduled for
Monday, July 16th
We will ensure that the successful candidate, upon start date, is afforded
thorough onboarding internally with the assistance of our tenured staff.
CC4CA Retreat
The Town of Vail is hosting the annual retreat for the Colorado Communities for
Climate Action (CC4CA) at the Clubhouse. The event is occurring on Thursday,
June 28th. The retreat will focus upon organizational structure, leadership,
updates to the policy agenda, policy goals, and membership. The group is
currently comprised of 19 local governments, and the attendance at the retreat is
upward near 30 people.
Action Plan Update
The draft Town Council 2018-20 Action Plan has been reworked to include
outcomes from the May 15th Council retreat, and the worksession that occurred
Page 2
July 3, 2018 - Page 111 of 131
during the regular Council meeting on June 5th. It was anticipated that this draft
would be provided during the July 3rd Council meeting for further input, but in the
interest of keeping the agenda manageable, the draft will be circulated and slated
for discussion on July 17tH
Future Council Presentations
Eagle County Youth Master Plan (Eagle Youth
Collaborative)
On Friday, June 15th, I met with Mikayla Curtis with Eagle River Youth
Coalition to talk about the Eagle County Youth Master Plan. The meeting
was very good, and the pending master planning process is well engaged
and quite meaningful in terms of establishing broad stakeholdership of
children and youth in regional policies, programs, and opportunities. I
suggested that the Collaborative plan on having a presentation to the
Council at one of the upcoming Council meetings. The timing of this
could be beneficial as it may help inform/refine some of the Council
actions currently being considered.
CDOT
On Friday, June 22nd, at CDOT's request, we had a meeting with the
Executive Director of CDOT, Michael Lewis, who oversees the entire
department of 3,300 employees statewide and an annual budget of
approximately $1.4 billion. He was accompanied by his chief engineer,
Josh Laipply, and I was accompanied by our Economic Development
Director, Mia Vlaar. As a matter of background, Mr. Lewis previously
served as project director for Boston's Central Artery/Tunnel Project ("The
Big Dig") until project completion in 2007.
The topic of the meeting was 1-70 and specifically how the interstate
integrates with the Town of Vail, presently, and possibilities for future
improvements that may involve decking or tunneling. At the conclusion of
the meeting, I asked Director Lewis if he would have the time to chat with
the Town Council, to which he responded positively. We will arrange it.
Emerging Technologies (Autonomous Vehicles)
One of the sessions at the CML conference was presented by Mr. Rutt
Bridges, Executive Director of Understanding Disruption. The session
was entitled AUTONOMOUS VEHICLES: THE DISRUPTION OF
DRIVERLESS MOBILITY. Focus was given to the rapidly arriving new
technologies related to autonomous vehicles, and the impact (positive and
negative) that these innovations may have upon mobility, car ownership,
infrastructure, and of course, local communities. I met Mr. Bridges after
the session and asked if he would have interest in presenting in front of
our Council, perhaps with neighboring jurisdictions invited. He politely
agreed, and we will pursue this possibility. Stay tuned.
Town Manager's Report Page 3
July 3, 2018 - Page 112 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Draft RFP for Civic Plan Area
PRESENTER(S): Greg Clifton, Town Manager and Chris Neubecker, Interim Community
Development Director
ATTACHMENTS:
Description
Civic Area Plan Memorandum 070318
July 3, 2018 - Page 113 of 131
411
TOWN OF vain'
Memorandum
TO: Town Council
FROM: Community Development Department, Town Manager's Office
DATE: July 3, 2018
SUBJECT: Civic Area Plan
I. Purpose of this Work Session Discussion
The Civic Area Plan has been an articulated priority for the Town Council within the 2015-2017
Action Plan, as well as the pending 2018-2020 Action Plan. During its retreat with Town staff on
May 15, 2018, Council expressed its desire for the Civic Area Plan to be pursued as a matter of
high priority. It was further expressed that the West Vail Plan would be accorded a similar
priority, with the stated intent that the two planning endeavors could overlap.
Staff has assembled a team to outline the steps involved in the planning process, and draft an
RFP for issuance. It is further staff's intent to formulate a similar process for the West Vail Plan
in the near term (second half of the 2018 calendar year) and it is a certainty that the two
planning processes will overlap. With current staffing shortages within the Community
Development Department (both the Community Development Director position and the Planner
I/Planner II position are vacant and recruitment is active), it is respectfully noted that starting
both plans concurrently may provide challenges in terms of allocation of staff resources.
The purpose of this work session is to discuss the overall planning process for a Civic Area
Master Plan ("The Plan"); which is necessary to guide the future development and use of Town
owned properties in the Lionshead area, specifically the Lionshead Transportation Center,
Charter Bus Lot, Dobson Arena, Vail Library, Lot 10 parking area (currently used by Vail Health)
and the surrounding rights-of-way. A map of the Civic Area is attached hereto. The map further
references the non-contiguous parcels on the other side of South Frontage Road that currently
include the Town Hall and Community Development facilities. The inclusion of these parcels
into the Civic Area is not a certainty at this time. Similarly, other nearby Town properties or
rights of way that are not depicted on the map may be considered. The mapped parcels ("Study
Area") should be viewed with these qualifications in mind.
The planning process will study how the Town can best use the lands within the Study Area to
meet its needs and goals. The Plan can also study how various potential uses and designs may
affect adjacent properties, including nearby residential properties such as Vail International, Vail
Health, the Lodge at Lionshead, and the Evergreen Lodge.
The process for the Plan will be critical to its success and must ensure that the final document
reflects the desired vision for the community as determined by the citizens, developers, land
owners, business leaders, appointed and elected officials, and other stakeholders through the
community engagement process. Once adopted, the Plan will help guide future decision
making and implementation within the Civic Area.
July 3, 2018 - Page 114 of 131
As noted, implementation of the Plan will be attributed a high priority for the 2018-20 Town
Council Action Plan. There are factors supporting this high priority. Notably, the Civic Area lies
within the boundaries of an existing urban renewal authority (Vail Reinvestment Authority or
"VRA") as created in 2004. In 2005, tax increment financing was authorized (Lionshead TIF
District) and incremental property tax revenue has been collected within the VRA since 2007. In,
2010 the VRA issued two bonds in the aggregate principal amount of $11.9M which has been
used to help fund several capital projects (some projects are still pending).
The Study Area lies within the Lionshead TIF District. After accounting for previous and
pending capital projects funded through the bond issuances as noted above, additional property
tax revenues will be realized until the end of the funding period in 2030. These additional
revenues are estimated to be $36.3M. It is anticipated that these funds will be used to capitalize
prioritized projects within the TIF District, likely involving additional bond issuance secured by
the TIF revenues. The Vail Town Council sits as the Vail Reinvestment Authority.
II. Action Steps for Civic Area Planning Process
A master plan is not a site specific development plan and will not include detailed designs for
specific buildings. Additional design work will be required after completion of the Plan. Similarly,
the Plan will not affect existing zoning or permitted land uses, but rather provide basis for
recommendations for future changes to zoning and land use regulations as may be needed.
The Plan will basically involve four steps, commencing with the development of the guiding
principles, followed by formulation of design concepts. From the conceptual outcomes will
come a recommended course of action(s), which will be implemented subject to funding,
additional design work, and applicable zoning and land use changes as noted above. The
process can be simplified by the following graphic:
GO 1915 CON/4c.
•O
4.
START - FINISH
VIBRANT
CIVIC CORE AREA
Town of Vail Page 2
July 3, 2018 - Page 115 of 131
III. Guiding Principles
The Town is now in the first step of the process — the formulation of guiding principles. This will
commence with the issuance of a Request for Proposals ("RFP") to engage the services of a
public engagement facilitator and a planning and design consultant team. The public
engagement facilitator will help the Town Council and the community to answer these
foundational questions in order to hone in on the guiding principles:
• What are the "Givens" to inform the planning process?
• What defines the Study Area?
• What are the current needs / problems in the Study Area?
• What are the opportunities / solutions?
• How will we measure success of this Plan?
A robust public engagement process will help to ensure that as many issues and opportunities
as possible are identified early in the process. This process can help to reduce risks later in the
planning and design phases of the project. Additional time spent in this first process is expected
to save time in the design and recommendations phase at the end of the process.
Initial Steps:
1. Issue an RFP to identify and engage the services of a qualified consulting team with
expertise in public engagement, urban planning, urban design, and architecture.
2. List the "Givens" of the planning project (see below).
3. Define the Study Area which, at this time, is assumed to include the parcels delineated
on the appended map.
4. Identify the issues and opportunities, to be articulated in a Problem or Opportunity
Statement formulated through facilitated public engagement.
Subsequent Steps
In addition to the steps listed above, additional steps in the planning process are anticipated to
include the following:
5. Appointment of a Steering Committee to assist the Town with selection of a consultant and to
ensure the planning process remains focused and on schedule. The Steering Committee will not
manage or run the planning process, but rather help facilitate the project and act in an advisory
capacity by giving advice and support throughout the process. Members of a Steering Committee
will need to commit to attending and participating actively in committee meetings, and will
become the advocates for the Plan that they help to steer through the public process.
6. Host a series of public meetings, interviews, and surveys to solicit input and ideas from the
community as a whole. This may include use of technology to reach out to people that cannot
participate in traditional meetings (i.e. Vacation home owners, part-time residents, workers living
down -valley, busy parents, etc.)
7. Perform a review of existing documents and plans, including past studies for the Civic Area,
Lionshead Redevelopment Master Plan, Transportation Master Plan, Land Use Plan, Streetscape
Master Plan and Vail Economic Development Strategic Plan
8. Complete an existing conditions survey of the Study Area and adjacent properties, include
public rights-of-way
9. Study the alternatives to incorporate resident -occupied, deed -restricted housing into the Study
Area
10. Identify any potential environmental issues in the area, or areas where the environment may
need improvements
Town of Vail Page 3
July 3, 2018 - Page 116 of 131
11. Evaluate potential improvements and/or relocation of some of the existing municipal facilities
within the Town Hall and Community Development parcels located at 75 South Frontage Road, in
close proximity to the Civic Area
12. Study the existing Lionshead Transportation Center, and its structural ability to add parking or
other amenities
13. Study and identify improvements for traffic, pedestrian flow and connectivity, and transit
14. Prepare conceptual solutions for identified facilities and programs, including bulk and mass,
and architectural themes
15. Identify current and proposed zoning and land uses recommended to achieve the objectives
or to implement the Civic Area Plan
16. Assist in formulating recommendations to the Town Council
"Givens"
These can be approved by the Town Council at the beginning of the planning process, and/or
identified during the public engagement process. The following are suggested:
➢ The Town Council, acting as both the Vail Reinvestment Authority and the property
owner of those parcels within the Study Area, has final decision making authority.
➢ The Study Area is assumed to include those properties delineated within the
attached map.
➢ The Town of Vail, which largely relies upon visitor -based revenues, seeks to be
economically diverse and competitive;
➢ The Dobson Ice Arena, with the possible inclusion of adjoining undeveloped
property, could serve a significant role in providing multiple uses on a year-round
basis;
➢ Affordable (deed restricted) housing remains a high need for the Town of Vail and
throughout the community;
➢ Emerging technologies should be employed within the context of the Plan when and
where opportunities arise;
➢ Proposed development should be consistent with the Town's commitment to
environmental sustainability;
➢ Community engagement tools shall be utilized to foster strong public outreach and
citizen participation;
➢ The Lionshead TIF District expires June 6, 2030 and revenues from TIF need to be
expended by that time;
➢ These future TIF revenues could be used, as they have in the past, to secure a bond
issuance that would enable the financing of some or all of the Plan outcomes in the
near future;
IV. Schedule and Estimated Budget
The Civic Area Plan will involve a significant amount of staff time, a robust civic engagement
process, stakeholder interviews and many public meetings. We anticipate that the process can
be completed within twelve months, with initial research already underway, and completion in
late summer 2019.
1. Background research on existing conditions, review of past studies and plans, and an
assessment of existing conditions (2 months — Already started)
2. Public Engagement Process - Identifying the Community Vision and Goals, Objectives
and Polices for the Civic Area (4-6 months)
3. Determine Plan Design Options, and select a preferred alternative (2-3 months)
4. Implementation Plan — Identify the policies, steps, actions and investments needed to
Town of Vail Page 4
July 3, 2018 - Page 117 of 131
accomplish the plan objectives (2 months)
5. Plan Adoption — (3 - 4 months)
Based on the proposed timeframe, scope of work, and deliverables, we anticipate that the
budget for the Civic Area Plan consultant services to be in the range of $150,000 - $200,000.
This money is currently budgeted in Community Development for 2018, but will be required to
be rolled over into 2019 due to the timing of the proposed work.
V. Action Requested of Town Council
Staff is requesting direction from the Town Council on authority to move forward with the
planning process, and specifically the public release of a Request for Proposals (RFP),
predicated upon the steps and assumptions as articulated above.
Town of Vail Page 5
July 3, 2018 - Page 118 of 131
Civic Area Map
Study Area Properties
e
I U I Feet
0 50 100 200
Tnls map was created by the Town of Vail GIS Team. 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 Ilne work w approximate)
July 3, 2018 - Page 119 of 131 Last Modified: June 29, 2018
TOWN OF VA L.
TOWN OF VAIL�
DRAFT
REQUEST FOR PROPOSAL
To Provide
Public Engagement, Urban Planning, Urban Design and Architectural Services
For
Vail Civic Area
July 1,2018
Town of Vail
Community Development Department
Vail, Colorado
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July 3, 2018 - Page 120 of 131
SECTION I: TERMS AND CONDITIONS
A. Invitation
Qualified design teams (herein the "Proposer(s)") are invited to submit a sealed proposal to the
Town of Vail, Colorado, to provide public engagement, urban planning, urban design and
architectural services for the Vail Civic Area.
The purpose of this solicitation is to bind a qualified, competent, and experienced Proposer into
a formal written agreement with the Town of Vail to perform the scope of work described in this
Request for Proposals. The complete Request for Proposals document can be obtained at the
Town of Vail, Community Development Department, located at 75 South Frontage Road, Vail,
Colorado, or online at the Town of Vail Share File site. Additional instructions for obtaining the
Request for Proposals can be found in Section I(B) of this document.
This invitation is not to be construed as a commitment of any kind on the part of the Town of
Vail, nor does it commit the Town of Vail to pay or otherwise reimburse any costs incurred in the
submission of a proposal package, nor for any costs incurred prior to the mutual execution of a
formal written agreement.
B. Advertisement and Notice of Invitation
Requests for Proposal (herein "RFP"), including response submittal requirements for:
Vail Civic Area
Public Engagement, Urban Planning, Urban Design and Architecture Services
are available on the Town of Vail Share File site and at the Town of Vail Community
Development Department Building, 75 South Frontage Road, Vail, CO. 81657. Access to the
Share File site can be obtained by emailing Shelley Bellm at sbellm(c�vailgov.com. All
Proposers must download the submittal requirements by registering with Shelley Bellm at
sbellm@vailgov.com Proposers will be added to the plan holder's list and Share File system to
receive future updates. Failure to do so may result in disqualification. All questions shall be
directed to Chris Neubecker at cneubecker@vailgov.com or at 970-479-2148 by 3:00 pm,
Thursday, July 26, 2018.
C. Schedule
To be considered, the following schedule shall be strictly adhered to:
Eight (8) printed hard copies and one (1) electronic (PDF) copy must be received by the Town
of Vail at the location below by no later than 12:00 noon (local time), Friday, August 3, 2018 (the
"Deadline"). Any proposal received after the Deadline will not be considered and all materials
will be returned to the Proposer unopened.
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July 3, 2018 - Page 121 of 131
Town of Vail
Community Development Department
75 South Frontage Road
Vail, Colorado 81657
Attn: Chris Neubecker, Interim Director of Community Development
Proposal Deadline 12:00 noon local time August 3, 2018
Pre -Proposal Bidders Conference at the address above at 1:30 pm local time July 19, 2018
Site Visit to Study Area at 2:30 pm local time July 19, 2018
RFP Questions deadline at 3:00 pm local time July 26, 2018
Selection Interviews from 2:00 pm to 5:00 pm local time August 22, 2018
Selection Announcement August 28, 2018
Project Start August 29, 2018
The Town of Vail is under no obligation to comply with the schedule shown above, provided that
all prospective Proposers or other interested parties known to the Town of Vail shall be notified
equally of changes made to the schedule by the Town of Vail within a reasonable time after any
such changes are made. In no event shall any proposer or other interested parties have any
redress to the Town of Vail, be it financial or otherwise, in the event the Town of Vail changes
this schedule in any way. Responsibility for submitting the proposal to the Town of Vail on or
before the Deadline shall remain solely and strictly that of the proposer.
All Proposers are encouraged to review this RFP carefully and to investigate all conditions
involved in the execution of work requested. The selected Proposer shall not be allowed
additional compensation for items on which it has failed to inform itself prior to the opening of
proposals.
SECTION II: Form of Response
This Section contains detailed instructions to which Proposers must adhere in the preparation
and submittal of proposals to the Town of Vail. For purposes of evaluation, Proposers are
advised the proposal content, completeness of information, clarity, ease of reference and
effectiveness in demonstrating the qualifications of the Proposer is most important.
Eight (8) printed hard copies and one (1) electronic copy (PDF) are required to be submitted by
12:00 noon, (local time), Friday, August 3, 2018. The proposal shall be submitted in a self
addressed, sealed envelope or box clearly marked with the following information:
"Vail Civic Area RFP — Attention Chris Neubecker"
Proposals must include the following information to be considered:
A. Cover letter describing the interest the Proposer has in working on the project and what
uniquely sets them apart from other equally qualified Proposers.
B. Professional background information about the Proposer including an indication of who
is the project lead and the firm or entity responsible for execution on behalf of the team.
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July 3, 2018 - Page 122 of 131
C. Description of relevant experience. Specifically civic and municipal area planning,
design of meeting facilities, experience designing parking structures, urban design in
highly pedestrianized areas, design of ice arenas, developments for municipalities or
special districts of similar size and magnitude in mountain resort communities similar to
Vail, Colorado. Please provide at least three reference contacts including name, contact
information, project date, brief project description, original project budget and final
project cost. Please provide an explanation of any variation from the original budget and
final project cost.
D. Description of the development approach to the project, noting project understanding,
unique challenges, assessments and project interpretation, and strengths that the
individual, firm or team bring to this project. Please be clear and concise when
describing the development approach. Any new, creative or innovative ideas and
approaches to the development and public engagement process should be addressed in
this section.
E. Specify personnel to be assigned by name, position, specific office location, and
commitment of time to the project. Attach resumes of assigned personnel. Please note
the local preference for this project.
F. Provide a brief vision statement of the individual, firm or team's goals and objectives for
the public engagement and conceptual design process and describe what a successful
relationship with the Town of Vail would look like. The Town of Vail is most interested in
evaluating how the selected Proposer intends to engage the input of the community to
identify a vision for the Study Area.
G. Provide a draft public engagement, planning and design process that reflects an ability
to successfully complete the process within one year of the start of the contract. The
development schedule shall include, but not be limited to, public engagement, review of
existing plans and documents, visioning, SWOT analysis of existing facilities and lands
in the study area, conceptual designs, and plan approval..
H. Provide a fee proposal for the scope of services of the project, with a breakdown of that
fee into the following phases: background research, public engagement process, design
options, plan implementation steps, and plan approval. The fee proposal breakdown
shall include a complete line item budget for the work with explanations as necessary.
I. The Proposer shall obtain and maintain in force for the term of an agreement the
following insurance coverage's. Certificates of insurance evidencing such coverage's
shall be furnished to the Town of Vail at the time of signing of an agreement. Prior to
cancellation of, or material change in, any requisite policy, thirty (30) days written notice
shall be given to the Town of Vail through its risk manager. All automobile liability and
general liability policies shall include the Town of Vail as an additional named insured by
policy endorsement.
1. Automobile Liability (including owned, non -owned, and hired) in an amount not
less than one million dollars ($1,000,000) each occurrence and not less than two
million dollars ($2,000,000) general aggregate.
2. Worker's compensation and employer liability in accordance with the Worker's
Compensation Act of the State of Colorado for employees doing work in
Colorado in accordance with this Agreement and with limits in an amount not less
than five hundred thousand dollars ($500,000) each accident and not less than
one million dollars disease- policy limit and not less than one million dollars
disease- each employee.
3. Comprehensive General Liability (including personal injury) in an amount not less
than one million dollars ($1,000,000) per each occurrence and not less than two
million dollars ($2,000,000) in the aggregate.
4
July 3, 2018 - Page 123 of 131
4. Professional errors and admission liability insurance in an amount not less than
one million dollars ($1,000,000) each claim and not less than two million dollars
($2,000,000) in the aggregate.
J. A written statement identifying any reservations, conditions or constraints related to the
request for proposals.
K. Upon selection, the selected Proposer shall execute an agreement with the Town of Vail
acknowledging that all design work, including but not limited to plans, photographs,
documents, reports, engineered drawings and Project work shall be completed in a
professional and workmanship -like manner and that the Project work shall fully comply
with all applicable Town of Vail regulations and ordinances and State and Federal laws
and requirements.
L. A completed proposal bid form (attached)
M. Upon selection, the selected Proposer shall execute an agreement with the Town of Vail
acknowledging that all design work, including but not limited to plans, photographs,
documents, reports, engineered drawings and other work produced for the Project shall
become property of the Town of Vail, and may be used or reproduced by the Town if Vail
without approval from or additional compensation to the Proposer.
The Town of Vail reserves all rights to investigate the qualifications of any and all individuals
and firms under consideration, to perform a financial audit of one or more firms, to confirm any
part of the information furnished in a proposal, and to require further evidence of managerial,
financial or professional capabilities which are considered necessary for the successful
performance of work described in this RFP. The Town of Vail reserves the right to reject any or
all proposals and to waive informalities and minor irregularities in proposals received.
All proposals and supporting documents, except such information that discloses proprietary or
financial information submitted in response to qualification statements, becomes public
information held in custody of the Town of Vail after the proposal submittal date given in this
RFP. The Town of Vail assumes no liability for the use or disclosure of technical or cost data
submitted by any Proposer.
Nevertheless, if a proposal contains information that the Proposer does not want disclosed to
the public, or used for any purpose other than the evaluation of this offer, all such information
must be indicated with the following or similar statement:
"The information contained on pages shall not be duplicated, used in
whole or in part for any purpose other than to evaluate the proposal provided; that
if a contract is awarded to this firm as a result of the submission of such information, the
Town of Vail shall have the right to duplicate, use or disclose this information to the
extent provided in the contract. This restriction does not limit the right of the Town of Vail
to use the information contained herein if obtained from another source."
All such nondisclosure items specified in the proposal shall be subject to disclosure as provided
in Part 2 of Article 72 of Title 24, C.R.S. ("The Colorado Public Records Act") or as otherwise
provided by law.
5
July 3, 2018 - Page 124 of 131
SECTION III: Scope of Professional Services
The Town of Vail is seeking proposals for professional services from qualified design teams (the
"Proposer(s)") to assist the Town of Vail with Public Engagement, Urban Planning, Urban
Design and Architectural services to determine a conceptual solutions and goals for the future
development of the Study Area. The analysis work will include identifying community needs and
desires for public facilities that can be incorporated into the Study Area, and to determine which
uses best fit within the Study Area, and how the uses might positively impact and benefit the
Vail community.
The Plan will basically involve four steps, commencing with the development of the guiding
principles, followed by formulation of design concepts. From the conceptual outcomes will
come a recommended course of action(s), which will be implemented subject to funding,
additional design work, and applicable zoning and land use changes as noted above. The
process can be simplified by the following graphic:
0
C0
RECOMM Y
�oi}fN
START f - - FINISH
PLAN
VIBRANT
CIVIC CORE AREA
The scope of the services will, in general terms, be predicated upon oversight and assistance in
the successful completion of the Civic Area Plan. Specifically, the selected Proposer will be
responsible for the following:
• Assist as needed in defining the Study Area which, at this time, is assumed to include
the parcels delineated on the appended map.
• With the assistance of a Town -appointed Steering Committee, host a series of public
meetings, interviews, and surveys to solicit input and ideas from the community as a
whole.
6
July 3, 2018 - Page 125 of 131
• Perform a review of existing documents and plans, including past studies for the Civic
Area, Lionshead Redevelopment Master Plan, Transportation Master Plan, Land Use
Plan, Streetscape Master Plan and Vail Economic Development Strategic Plan
• Complete an existing conditions survey of the Study Area and adjacent properties,
including some segments of existing public rights-of-way
• Identify the issues and opportunities, to be articulated in a Problem or Opportunity
Statement formulated through facilitated public engagement.
• Within the context of performing the above, more detailed analysis of the following items
within the Study Area can be anticipated:
o Evaluate potential improvements and/or relocation of some of the existing
municipal facilities within the Town Hall and Community Development parcels
located at 75 South Frontage Road, in close proximity to the Civic Area
o Study the existing Lionshead Transportation Center, and its structural ability to
add parking or other amenities
o Study and identify improvements for traffic flow and volume, pedestrian flow and
connectivity, and transit
o Study the alternatives to incorporate resident -occupied, deed -restricted housing
into the Study Area
o Identify any potential environmental issues within the Study Area
o Analysis of existing Dobson Ice Arena facility, identifying alternatives to
incorporate improvements and/or additional facilities to accommodate multiple
uses on a year-round basis
• Create a set of guiding principles and opportunity statement based upon the public
engagement process and Town Council direction
• Prepare conceptual site designs and building layout and massing plans, including
diagrammatic sections, of those facilities and improvements identified to meet the
guiding principles, including bulk and mass, and architectural themes.
• Oversight, coordination, administration and management of the public engagement
process, urban planning, urban design and architectural design services
• Identify current and proposed zoning and land uses recommended to achieve the
objectives or to implement the Civic Area Plan
• Assist in the analysis and formulation of recommendations to the Vail Town Council
SECTION IV: Selection and Evaluation Criteria
The ideal Proposers will possess and demonstrate the following skills and abilities:
• Extensive knowledge and experience managing municipal planning projects with
demonstrated success working with municipalities and/or special districts and how
previous successes are transferable or otherwise adaptable to the Town of Vail's need
for this process.
• Demonstrated ability to excel in the public engagement process, and the ability to
manage and organize multiple stakeholders with varying ideas and priorities.
• Successful completion of similar plans or studies in a similar mountain environment with
similar site challenges, space constraints, solutions and necessary coordination.
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July 3, 2018 - Page 126 of 131
• Demonstrated ability to complete projects on time and on budget with a commitment to
the successful completion of the Civic Area Plan in accordance with the plan goals and
objectives.
• Exceptional ability to develop and maintain professional relationships through effective
communication, coordination, team building and integrity.
• Proven track record of successfully delivering projects in a collaborative process with
multiple stakeholders and multi -disciplinary teams.
• Demonstrated ability to make progress on multiple tasks in a dynamic and ever changing
process and resolve conflicts in communication, coordination, schedule, etc.
• Professional fee is competitive and based upon the scope and quality of the work to be
provided and the ability to bring the project in on budget and on time.
In the event that only one (1) proposal is received in response to this RFP, the Town of Vail may
require assistance from the single responsive and responsible Proposer in the preparation of a
proposal price analysis in order to determine whether the single proposal received by the
Town of Vail is fair and reasonable.
The Town of Vail maintains the right, but shall be under no obligation, to award a contract to the
responsive and responsible Proposer whose proposal is deemed by the Town of Vail to be most
advantageous to the Town as determined by capability, qualifications and other factors set
forth above.
SECTION V. Introduction and Background
A. Introduction
The Town of Vail, Colorado (the "Town") is seeking proposals for Public Engagement, Urban
Planning, Urban Design and Architectural services from qualified professionals to plan and
design for the future development of the Vail Civic Area. The Study Area is assumed at this time
to include approximately 10 acres, including the Lionshead Parking and Transportation Center,
Dobson Ice Arena, Vail Library, W. Meadow Drive, and properties west of the Vail Health
medical center. The study area also includes the existing Municipal Buildings at 75 S. Frontage
Road. The Civic Area Plan (the "Plan") will study the potential impacts on adjacent properties,
potential options to reduce or mitigate negative impacts, and the opportunity to improve the Plan
by identifying how nearby properties may contribute positively to the success of the Plan.
B. Plan Goals and Objectives
(To be determined as part of the planning process).
C. Background
The Town of Vail is North America's Premier International Mountain Resort Community. Vail is
located approximately 100 miles west of Denver, CO in the Rocky Mountains. Vail is well known
for its world class skiing, beautiful mountains, plenty of sunshine and quaint villages. The
community is comprised of a mix of full-time residents, part-time residents, seasonal workers
and a significant number of short term rental vacation residences. Vail is a major destination in
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July 3, 2018 - Page 127 of 131
both summer and winter, and there are opportunities to expand the shoulder seasons with
group and conferences business.
In an effort to remain at the forefront of mountain resort communities, the Town of Vail is
seeking to master plan for its existing land and facilities in the Lionshead village, including the
existing Lionshead Parking and Transportation Center, Dobson Ice Arena, Charter Bus Lot, Vail
Library and surrounding Town owned land and rights-of-way. In addition to these properties, the
Town of Vail is studying alternatives for replacing the existing Municipal Buildings at 75 and 111
S. Frontage Road and wishes to study how the municipal building needs could be incorporated
into the Study Area.
The existing Lionshead Parking Structure was constructed in the early 1980s. Dobson Ice Arena
was constructed in 1983. The Vail Municipal Building was constructed in 1971. The Vail Police
Department expansion was added to the Municipal Building in 1993 and is home to a multi -
jurisdictional, regional E-911 and dispatch center. In 2009 the Town of Vail built the Lionshead
Welcome Center onto the existing Lionshead Parking Structure. The streetscape within the
Lionshead Village was upgraded in 2005-2006, and the main bus stop at Lionshead upgraded in
2013, however, portions of E. Lionshead Circle, and portions of W. Meadow Drive near the
Dobson Ice Arena and Vail Library have not been recently upgraded and are in need of
improvements. The Vail Library was remodeled and upgraded in 2013.
The Study Area is within a Tax Increment Finance (the "TIF") district, and the TIF funding period
ends on June 6, 2030. The Town of Vail is motivated to responsibly spend the revenues
collected from the TIF within this time period.
According to the Official Zoning Map of the Town of Vail the parcels within the Study Area are
zoned General Use (GU), with the exception of rights-of-way, and the parcels along Middle
Creek zoned Natural Area Preservation (NAP) or Outdoor Recreation (OR). The General Use
district is intended to ensure that public buildings and grounds and certain types of quasi -public
uses permitted in the district are appropriately located and designed to meet the needs of
residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings
and other structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
In 1999 the Town of Vail performed a planning process for a Community Facilities Project on
this site. Also, in 2004-2005, the Town of Vail created a master plan for a conference center at
the east of the Lionshead Parking Structure.
D. Site Description
• Vail, Colorado
• Lionshead Transportation Center, 350 S. Frontage Road
• Charter Bus Lot, 330 S. Frontage Road
• Dobson Ice Arena, 321 E. Lionshead Circle
• Vail Library, 292 W. Meadow Drive
• Lot 9 and 10, Vail Village Filing 2, 281 W. Meadow Drive
• Town of Vail Municipal Buildings, 75 S. Frontage Road and 111 S. Frontage Road
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• Approximately 10 acres in total land area
• 97% of land is owned by the Town of Vail (3% of land owned by the Eagle River Water
and Sanitation District)
• No known geologic hazards (i.e. debris flow, snow avalanche, or rock fall)
• Floodplain along Middle Creek parcels
• Properties are developed with parking structure and other buildings.
Prospective Proposers are encouraged to inspect and view the Study Area.
SECTION VI. Information Provided
The Town of Vail has the following information that may be used by prospective Proposers for
the purposes of responding to this RFP:
• Development progress to date, including studies, reports, drawings, presentations,
consultants, program information and memos. Available on-line at www.vailgov.com
• Background documents and previous plans in PDF format available on-line
In the event of a conflict or inconsistency between the RFP, attachments, and information
provided including drawings, specifications, reports, etc. thereto, the Town of Vail will work to
resolve such conflict or inconsistency and provide written notice of the single interpretation to all
known proposers by written addendum.
SECTION VII. General Information
Limitations and Award
This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred,
in the preparation and submission of proposals in anticipation of a contract. The Town of Vail
reserves the right to reject all or any submittal received as a result of this request, to negotiate
with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final
firms is established, the Town of Vail will negotiate a contract with the first priority firm. If
negotiations cannot be successfully completed with the first priority firm, negotiations will be
formally terminated and will be initiated with the second most qualified firm and, likewise, with
the remaining firms.
Selection
Initial evaluation will be based upon the qualifications of the Proposer. The Town of Vail
reserves the right to waive interviews, and to make its final selection based solely upon the
qualification statements and evaluation criteria.
Equal Employment Opportunity
The selected consultant team will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin.
Contract Phasing
Proposed tasks within this RFP may be eliminated or expanded by the Town of Vail at any time
due to the progression and sequencing of the scope of work. The contract for professional
services will be adjusted accordingly.
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Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq.,
Contractor warrants, represents, acknowledges, and agrees that:
1. Contractor does not knowingly employ or contract with an illegal alien;
2. Contractor shall not enter into a contract with a subcontractor that fails to certify
to Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien;
3. Contractor has verified or attempted to verify through participation in the basic
pilot employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, administered by the United States Department of Homeland Security
(the "Basic Pilot Program") that Contractor does not employ any illegal aliens. If
Contractor is not accepted into the Basic Pilot Program prior to entering into this
Agreement, Contractor shall forthwith apply to participate in the Basic Pilot
Program and shall submit to the Town written verification of such application
within five (5) days of the date of this Agreement. Contractor shall continue to
apply to participate in the Basic Pilot Program, and shall verify such application to
the Town in writing, every three (3) months until Contractor is accepted or this
Agreement is completed, whichever occurs first. This subparagraph 3 shall be
null and void if the Basic Pilot Program is discontinued;
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed;
5. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall notify such subcontractor and the Town within three (3) days
that Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien, and shall terminate the subcontract with the
subcontractor if within three (3) days of receiving the notice required pursuant to
this subsection the subcontractor does not cease employing or contracting with
the illegal alien, except that Contractor shall not terminate the contract with the
subcontractor if during such three (3) days the subcontractor provides information
to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien;
6. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of
an investigation that the Department undertakes or is undertaking pursuant to the
authority established in subsection 8-17.5-102 (5), C.R.S; and
7. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by subsection 8-17.5-102, C.R.S. the Town may terminate this
Agreement and Contractor shall be liable for actual and consequential damages
to the Town arising out of said violation.
July 3, 2018 - Page 130 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC:
Recess 5:00 p.m.
Dinner will be provided for Town Council
TOWOFUAIL
July 3, 2018 - Page 131 of 131