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HomeMy WebLinkAbout2003- 9 Repealing and Reenacting Ordinance No. 14, Series of 2001, for the Major Amendment of SDD No. 36 Four Seasons Resort, and Amending the Approved Development Plan for SDD No. 36 in Accordance with Chapter 12-9A• ~ ORDINANCE N0.9 SERIES OF 2003 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 14, SERIES OF 2001, PROVIDING FOR THE MAJOR AMENDMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, AND AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36 IN ACCORDANCE WITH CHAPTER 12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. r~ WHEREAS, Chapter 12-9A of the Town of Vail Zoning Regulations permits the adoption of Special Development Districts; and WHEREAS, Nicollet Island Development Company, Inc., has submitted an application for a major amendment to Special Development District No. 36, Four Seasons Resort; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for the amendment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 36, Four Seasons Resort, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 36, Four Seasons Resort, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and Ordinance No. 9, Series of 2003 • • • WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed Approved Development Plan for Special Development District No. 36, Four Seasons Resort. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 9, Series of 2003, is to adopt an Approved Development Plan for Special Development District No. 36, Four Seasons Resort, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 shall remain Public Accommodation zone district. Section 2. Establishment Procedures Fulfilled. Plannina Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Develoument District No. 36 The Special Development District is hereby amended to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are Ordinance No. 9, Series of 2003 • • • significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Develoament Standards -Special Development District No. 36, Four Seasons Resort Development Plan - The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials prepared by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated April 28, 2003, and stamped approved by the Town of Vail, dated May 6, 2003.: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shallow Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140',142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') I. A-2.0.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations Ordinance No. 9, Series of 2003 • . r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations -Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations -Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulation bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations Permitted Uses-- The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Uses-- The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. • Ordinance No. 9, Series of 2003 • . • Density-- Units per Acre -Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units -- The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units -18 Accommodation Units -118 Fractional Fee Club Units - 22 Type III Employee Housing Units - 34 Density-- Floor Area -- The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Soecifically: GRFA -177,991 square feet Retail -2,402 square feet Restaurant/Lounge -12,155 square feet Conference Facilities -11,726 square feet Health Club and Spa -14,416 square feet Setbacks-- Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height-- The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Ordinance No. 9, Series of 2003 ~ • • Site Coverage-- The maximum allowable site coverage for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (69,346 square feet above grade or 58%; and 84,402 square feet below grade or 71 %). Landscaping-- The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (39,687 square feet or 33%). Parking and Loading - The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 spaces reauired, 215 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The reouired parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Aonroval Agreements for Special Development District No. 36, Four Seasons Resort Ordinance No. 9, Series of 2003 • • • The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: That the developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 68 employees on the Four Seasons Resort site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted. with the second reading of Ordinance No. 9, Series of 2003. This fulfills approval agreement number 2 of first reading of Ordinance No. 9, Series of 2003. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the Ordinance No. 9, Series of 2003 • • • transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non-adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, stormwater discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. Ordinance No. 9, Series of 2003 • • • 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development, and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design-related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that, meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. Ordinance No. 9, Series of 2003 • • • j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.5?(Typo) k. Railings shall be provided for paths where necessary I. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. if the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the Developer shall coordinate with the Town to provide a bus stop at the pedestrian sidewalk connection to West Meadow Drive. This design shall be submitted to the Town of Vail for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 26. That the Developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. Section 6. Effective Date of the Ordinance Ordinance No. 9, Series of 2003, shall take effect on February 1, 2004. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. Ordinance No. 9, Series of 2003 • • • The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6'h day of May, 2003, and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~% 1 ""~~ l~ Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Y „~a'~ 9 i~ A'r~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 7~' day of October, 2003. Ordinance No. 9, Series of 2003 • • 1. ~~ti ~~~ ~ J Ludwig Kurz, Mayor ATTEST: ~~ Lor ei Do aldson, Y4!1~e~r~~ Town Clerk Ordinance No. 9, Series of 2003 • s • Exhibit A TOWN OF VAIL MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into on the 16`" day of September 2003 by and between NICOLLET ISLAND DEVELOPMENT CO., a Minnesota corporation and the TOWN OF VAIL a Municipal corporation, situated in the County of Eagle, State of Colorado. WHEREAS, Nicollet Island Development Co. is planning the development and construction of a mixed use project consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities at 28 South Frontage Road and l3 Vail Road, Vail Colorado (Lots 9A and 9C, Vail Village znd Filing) currently and commonly known as the Chateau at Vail hotel and the Alpine Standard/Amoco gasoline station; WHEREAS, in connection with its proposed mixed use development Nicollet Island Development Co. is requesting from the Town of Vail certain entitlements pursuant to its applications for a major amendment to Special Development District No. 36, a conditional use permit for Type III Employee Housing Units, a conditional use permit for a Fractional Fee Club and a rezoning of Lot 9A, Vail Village 2"d Filing; WHEREAS, in connection with the applications and requested entitlements, Nicollet Island Development Co. is required by the Town of Vail to make certain off-site/public improvements (as specifically set forth in detail below) along South Frontage Road and West Meadow Drive consistent with the Town of Vail Streetscape Master Plan, as amended; WHEREAS, as a condition to the second reading of Ordinance No. 9, Series of 2003, the parties are required to enter into this Memorandum of Understanding setting forth the Ordinance No. 9, Series of 2003 • • responsibilities, obligations and requirements of the parties in connection with said offsite/public improvements to be performed by Nicollet Island Development Co., NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: I. DEFINITIONS l . When used in this Memorandum of Understanding, the following terms shall have the following meanings unless otherwise specifically defined. The singular shall include the plural and the masculine gender shall include the feminine and the neuter unless otherwise required by the context. "Improvements" shall mean those off-site/public improvements as specifically defined in Section III below. "MOU" shall mean this Memorandum of Understanding agreement and all exhibits annexed hereto. "Nicollet" shall mean Nicollet Island Development Co., a Minnesota corporation, whose address is 600 Foshay Tower, 82l Marquette Avenue South, Minneapolis, Minnesota 55402; Attention: Thomas J, Brink "Parties" shall mean both Nicollet and Town of Vail. "Project" shall mean the mixed use project being planned by Nicollet and consisting primarily of a five star hotel, a fractional fee club, condominiums, retail, employee housing units and related facilities to be located at the Property, which mixed use project is the subject of Ordinance Nos. 9 and 10, Series 2003. Ordinance No. 9, Series of 2003 • • • "Property" shall mean those properties commonly known as the Alpine Standard/Amoco gasoline station and the Chateau at Vail hotel, located respectively at 28 South Frontage Road and 13 Vail Road, Vail Colorado -Lots 9A and 9C, Vail Village 2' Filing. "Town of Vail" shall mean the Town of Vail, a municipal corporation, whose address is 75 South Frontage Road, Vail Colorado 81657; Attention: II. PURPOSE 2. The express purpose of this MOU is to establish the mutual responsibilities, obligations and requirements of the Parties hereto regarding the Improvements to be performed by Nicollet in connection with Nicollet's entitlements and Project. These Improvements are required to be made by Nicollet based upon the design and functionality of the Project or as specifically required by the Town of Yail in connection with Nicollet's entitlements. III. NICOLLET'S OBLIGATIONS 3. Nicollet shall be responsible, at its sole cost and expense, except as specifically provided herein, to complete and perform the following (collectively, the "improvements") in connection with the Project: (a) South Frontage Road. Nicollet shall perform the following improvements along the South Frontage Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) widen the south side of South Frontage Road and install a left turn lane in South Frontage Road to the entrance of the hotel and a corresponding left turn lane to the entrance of the existing Town of Vail Police Station; (ii) install medians in South Frontage Road from the main roundabout to the western lot line of the Scorpio Condominium property; (iii) provide all landscaping and lighting within the Ordinance No. 9, Series of 2003 • • • proposed South Frontage Road median to be constructed by Nicollet; (iv) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to the South Frontage Road from the bus stop adjacent to the Weststar Bank east along the Scorpio Condominium property and the Property to Vail Road including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (v) relocate the fire hydrant adjacent to South Frontage Road; and (vi) pavement overlay from the centerline of South Frontage Road to the property line of the Property from the main roundabout west to the bus stop adjacent to the Weststar Bank (subject to timing and coordination of the CDOT overlay project that will be at CDOT's sole cost and expense). (b) Vail Road. Nicollet shall perform the following improvements along the Vail Road, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver sidewalk/walkway (6 to 8 feet wide) adjacent to Vail Road from the South Frontage Road south along the Property to 9 Vail Road property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary; (ii) relocate the Spraddle creek piping and install new box culverts; and (iii) pavement overlay from the centerline of Vail Road to the property line of the Property from the main roundabout (South Frontage Road) south to the property line of 9 Vail Road. along West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, (c) West Meadow Drive. Nicollet shall perform the following improvements state and local laws, statutes, ordinances and regulations: (i) install an attached heated paver Ordinance No. 9, Series of 2003 ~ • sidewalk/walkway (6 to 14 feet wide, or as required by the final approved Town of Vail Streetscape Master Plan for West Meadow Drive) adjacent to West Meadow Drive from the western most side of Mayors' Park west along the 9 Vail Road property and the Property to the western most property line of the Property, including all lighting retaining walls, railings, utility relocation, curb and gutter, drainage and landscaping as necessary and to match, and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive; (ii) all design improvements along West Meadow Drive from the centerline of the right-of--way to the property line of the Property and the 9 Vail Road property from the western most side of Mayors' park west to the western most property line of the Property (specifically including any drainage and grade tie-ins necessary beyond the western most property line of the Property), including all drainage, lighting, art, streetscape enhancements, utility relocation, edge treatments, curb and gutter and landscaping as necessary and to match and be coordinated with the final approved Town of Vail Streetscape plan for West Meadow Drive. (d) Pedestrian Walkway. Nicollet shall perform the following improvements along the western property line of the Property from the South Frontage Road to West Meadow Drive, using new and first class materials, as approved by the Town of Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations: (i) design and install an attached heated pedestrian sidewalk/walkway along the western property line of the Property from the South Frontage Road south to West Meadow Drive, including all lighting retaining walls, railings, utility relocation, drainage and landscaping as necessary. (e) Spraddle Creek. Nicollet shall perform the following improvements in connection with Spraddle Creek, using new and first class materials, as approved by the Town of • Ordinance No. 9, Series of 2003 • • • Vail and the Town of Vail Design Review Board and in accordance with all applicable federal, state and local laws, statutes, ordinances and regulations. (i) relocate the Spraddle creek piping and install new box culverts, as necessary. IV. EASEMENTS 4. Nicollet shall be responsible, at its sole cost and expense, to prepare and submit all applicable roadway, drainage, and pedestrian easements for dedication in connection with the Project or the Improvements to the Town of Vail for review and approval by the Town of Vail, Town Attorney and all such easements shall be filed and recorded with the Eagle County Clerk and Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Property. V. TOWN OF VAIL'S OBLIGATIONS S. Once the Improvements have been completed by Nicollet and accepted by the Town of Vail, the Town of Vail shall be responsible for all maintenance, upkeep, watering, mowing, trimming, weed control, snow removal, debris removal, repair and replacement of any and all Improvements located in a public right of way or in a public easement, including any and all cost and expenses associated directly or indirectly therewith (except the Town of Vail shall have no obligation to heat or repair the heat for the sidewalks) and Nicollet shall have no continuing or further obligations or responsibilities in connection therewith. VI. FINANCIAL GUARANTEE REQUIREMENTS 6. Nicollet shall provide and post with the Town of Vail a Bond in the total amount of One Hundred Fifty Percent (150%) of the total cost of the Improvements (as mutually determined and agreed to by and between Nicollet and the Town of Vail), to provide financial security to the Town of Vail and to assure the completion of the Improvements by Nicollet. The Ordinance No. 9, Series of 2003 • • • Bond shall be provided and posted with the Town of Vail prior to the issuance of a building permit for the Project. VII. MISCELLANEOUS PROVISIONS 7.1 Amendments. This MOU and all documents and instruments executed in connection herewith may be amended, modified or supplemented only by a written instrument, executed by the party against which enforcement thereof may be sought. 7.2 Bindine Effect. This MOU shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. The obligations assumed and agreed to be performed by each party hereunder with respect to the Property shall be binding upon such, party and their respective successors, assigns and transferees. The covenants of the Parties contained herein are intended by the parties to be covenants which run with the land under applicable law. Nicollet agrees to make any transfer of any interest in the Property subject to the obligations contained in this MOU. 7.3 Colorado Law. This MOU shall be construed and enforced In accordance with the laws of the State of Colorado. 7.4 Time of Essence. Time is of the essence of this MOU. In the event the provisions of this MOU require any act to be done or action to be taken hereunder on a date which is a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been validly done or taken if done or take on the next succeeding day which is not a Saturday, Sunday or legal holiday. 7.5 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute a separate document but all of which together shall constitute one and the same Ordinance No. 9, Series of 2003 • agreement. Signature and acknowledgment pages may be detached and reattached to physically form one document. • 7.6 Attornevs' Fees. If legal action is commenced in connection with the enforcement, interpretation, or breach of any provision of this MOU, the Court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. 7.7 Invalidity of Certain Provisions. Every provision of this MOU is intended to be several. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 7.8 Entire Agreement. This MOU and the documents referenced herein set forth alt the covenants, promises, agreements, conditions and understandings among the Parties concerning the subject matter hereof and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as are herein set forth. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein, it being understood that this MOU supersedes and cancels any and all previous negotiations, arrangements, understandings and representations and none thereof shall be used to interpret or construe this MOU. 7.9 Notices. All notices, certificates or other communications required to be given to the Town of Vail or Nicollet hereunder shall be sufficiently given and shall be deemed given when delivered, or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: i Ordinance No. 9, Series of 2003 • • If to the Town of Vail; Town of Vail c/o 75 South Frontage Road Vail, Colorado 81657 If to Nicollet: Nicollet Island Development Co. c/o Thomas J. Brink 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 C7 7.10 No Third Party Beneficiary. This MOU and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 7.11 Indemnification. Nicollet agrees to indemnify and hold the Town of Vail harmless against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees, which the Town of Vail may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or intentional act of Nicollet, its agents, officers, employees, contractors, or subcontractors, which is incurred in connection with or is of any nature whatsoever arising out of the construction or the installation of the Improvements which Nicollet is required to perform under the terms of this MOU. 7.12 Termination. So long as the Town of Vail approval for the Special Development District No. 36 -Four Seasons Resort remains valid and has not terminated by passage of time or otherwise, this MOU may not be terminated, in whole or in part, without the mutual written consent of the Parties hereto Ordinance No. 9, Series of 2003 • • ~ above. WHEREFORE, the Parties hereto have executed this MOU as of the date first set forth NICOLLET ISLAND DEVELOPMENT CO. By: Thomas J. Brink Its: Vice President & General Counsel TOWN OF VAIL By: s ss ACKNOWLEDGMENT BY NICOLLET STATE OF MINNESOTA Ordinance No. 9, Series of 2003 • • • COUNTY OF~HENNEPIN This instrument was acknowledged on the day of 2003, before me a notary within and for said County by Thomas J. Brink, the Vice President and General Counsel of Nicollet Island Development Co., a Minnesota corporation, on behalf of the corporation. Notary Public Ordinance No. 9, Series of 2003 r3 t STATE OF COLORADO ) ss ACKNOWLEDGMENT BY TOWN OF VAIL On the day of COUNTY OF EAGLE public within and for said County, personally appeared known and by me duly sworn, the a 2003, before me a notary of the Town of Vail, a municipality named in the foregoing instrument and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its acknowledged said instrument to be the free act and deed of said municipality. tome p~ ~AMRCilrsp- {7~Nt~tT : ! i roan nwnrtcea m a t3P ~ os tttrzrN B 41AA~ ilAtl ~'~~~~ ~0rew ; Ei~, ,'~ "' * - e ~ b~l+ lA the Agprovsa o uN~ E M ,-~~~ d, ~ al ~ ~ {npnt "igte n n . ~ .I in' n ti of s a h ~~ r ~~ I rrwntol~i •uia nenw f4Q6 sppc~ ~q8: pro~lp+ utd ~hlt t ,114c., hM ~ INit ~flb GPm a• ~ n fnilanoe ~9~h~1. kl a ,, ~; ~ , f: ~ ~ }}}~~~ in ?~ I a4t ~ time ~ ~ d4N ~ ""' ' Drwva q,~#n~ 1 to ihK ,.~f `~;~++' ~. 'aLnvsyptl,;esslM.ar n-- to the `f°aur"San .YI ~ F orr ~ yo MY aEhat than s ta+ant, ooou- p~ to w~mm rtw ~~lwtlon; snd ~ ~ ~ pant u uwr of 1M' build for ttl~ tfae sp ~ e~ ~ u +~ Mn tie ~a PlanplnG A lrawlraxn~~ ~ ; ~~ >IF! - 16 b+A3~tta-~- ,p ~~ ~ -~~ '' qs4 Gt xpW!4Md Dps. poraq ~pr:avsnh nr *IW ~~jy ~ ~ Gass of ~ W't{+! ~pPro' , ~I~REAN CoutiaN fads that t ° Hpl of the Nei. 9Er 9aN Isi `uw~r~~~~~ w1Nf ;- fisotlcm 8.y~~n~ nw kup~ola~l~~ fAe• ~'dM,~. ` "~.''t Nee critens oavudlnKl (n iR+OA-8 ~~~9!f 4 ~ ~ a~tr~Mt N[ooN ott1 ,7That tie ~, tW'oW Vaii Ern. Ind tlM ; ~,u~~of u.. tmula ~, -M '~ r 10~~Ow ~ ~L~~~•1~~ fo[..:: ' A' ~ ~' ; ~~.:. Y .. ~~s' -t F !thR ublb 'minimum ¢t fls a: ,l, ~ 8saaarr ~ ~,. ~ ~. ~:i ., .: W ~ dna ~rar~sndrnent ~•pps~~rt~ eNe, shd tMt} nstid s " ~ That th dMaMl tatxll reeal+ro aft of flip tol~ '4o C1~1r1ot Mp:'36, FOur^ 8ea• ° ho~r~p •rtatl bs made !t t ~e'~~ aonn~ R,at~ •alarrtlarda In re- } knd tltdt the deed M~cMOfit !wl dpord~ ~dw~gn~ratrieauea htt-.~I t~ra41R Re• rk>.nk+~ltnat~l.re orsnd~~, qa ~~~~~ ~gnorto ~' aMMaNatid.ppprt>t4tt +,~'. s Ru notk»s s r~~p rwl ~ ~ ;Yawn of ~a ry ~ . a. Proposal hydra rslAOdtlan at ih! N1N Darner of ~ , t' b Ip~ taive Dein,sMtd to itra +IDP~' ." - the . ~ ih1111 ba.~r~~d k- bit taN wllh ttra r.; and 9. Ttrtt d+s-drwlapar ehtat mpet wah the Town ~ riotlelWvnllkerldta ~ ~lacat~ed ~~ VaN lbrvn Council U In ; l~tatlft a ~ 4 r nd ~ net the p~M u "hd~fli al ~ ,. 'the ~q~ ~ol ill mH~1~ rMK;T~~ PWt for I Ekawloprnertt DlNrlot:Rip ~Ihe ~ 16 ~ ~ re r ~pp~y tc+wardR~ d~ -, p. T9is' bouldat ~l at the SE corner . ~ir 6MMane Fil-ear~; ~ ~N@ ~: lo'.~~p~limouMml a! NuiU ~ at th. r,%p.rt~ all b+ med ~ ru- iP npt Imt~loc ,:NpW TCFIffRffFQR~B~E~IT~~ IN~1DtALY,T~H~;:d~da, blanitoupt~ ~ sad .im ", ~a Z~ CMR'a: 'TOWS~J) __ .4~F per cNSIlS tw r ,! '~ , glt.elt the i~& 04 to ~ , ~'~t~RA4or ~f a1~1 ar~aWHY In ~ 1;1 ewe With ~ ~~11 atl'udure ~ofittw to ~ r, C ,. ~~ ,. ~~~~ q~ Crank vault and Don ~1. Pur~orabflMOMina»ce r-. oortsJ>oz dl tl ~~ tAR ~ r ` et O Ma.; 3, h 8. That ~ ; ~ ~ ` l ~ t7 P sn App ~ M ent'tor: e~p~ ~~olal a ~..be G~ li' 1-~r'TM-- ~ ~ Ad1 kr'`°t""t~ ak~k. 'sh°"Yar`a?rs`. t >t~ ., s ~ ~~s • T+W~PtY ,IntandaaCfs' c ~ ~ iP~ ~ ~ , ... M ~ .~ ot~ ,;~. ~ ~ t~, ~ ~ 8A 8ai~~l 1N1 ~~ ~ h- '~, '~ n~f7ne4; ~ _ the insl~lPuYlfo ,:, ,t ,3 ., ~ ~ +I: TltNt th-. aatMF x•~ ~ ~ J ~ ^~ 6~sctlon 2: laaM4Md. ~ ~ '^~~~~ ~ 1;, ~r ~ - w ~ ~nnint}Cam~r{Ria~N ~~a~eer d _ ~ : ~ 1~ YaU' iu~i~d .~ ~,app~V,l~fp¢,1ar , 3 ~ , ~ o!~- Rlt: tlro - ~YV!ai d'rtsrtd"san ' d~ P ?~ ~ '~"dam " t R ~ °~ira.v r ` ~ ~. ay" a. alf:4 ~ .. t "?e~ia?r~ n.a- suglnsd Irt~4r ttZpA, pt.. 'Eloiw~R~~' ' '' n. 9ho~w~ D s~ vaaK;" gcation 3. Spaalal Dpvelpar~snt District Mo. 3Q rS. That tM,dewrl etAall au4avltnaWcod erchltoo. ~ 0 8hov!' d ~^tlp!~ pisva~tiOM tm otwA fih® Special Development Distrlat k hereby 'turel plnnn of the building et the corner odlncent to plena. 7~' . ~, ` pi0ntaaa~ 4 37~~ 7 t 1~-~1 ~ ~ ragrpatlon r; ", f" menitlep,- I c~p the o4M we and ~~ ~ y~ ~ ~~ ',R94~N+ °t th!t.'~aw!t~W ``.. wPJar! ' ~.:th~~ ih4 .~. ~,I~!:,tl.t!" s,,P~-?' ~, !!44 h. ~~t -... .:4 v , ~„__ .mow _t_.~_,_ _.._ _ 4 , 12.1iA-4, Vd1T'~. 27. 'fhpt tM dWabpay~t~ Mq~~lt~hp ~ Htt~~on~~~p~.rrrrt~t~R ~ llquad 4y >fta CoMmunlty Development feaorw~'osait: ..!. , subeecdan, epntar~, da - --- aeation~~ ~mipt~ ~ ~ .~ ~ , ~, ' Qr~~T hr p,wuuw,ue pi w• 1p ~ ~" q ~ (t nW~h pI~ or sntt~ of '(R( m t ~~!"~ ~nra #r'-•; ~f~/t ~G•NJncH oonaldsro ff M tAa uYl ghprrt{Ii, uf.gc egnpd i ~,f ~ •~ ~~me'ril Dfrhlut~NaI78, N01N TMg . eFOR SE 1T ORQAINEO BY THE '~OYY~ QG~IUI~i~. ~il~- ~t~ ~l~r ~~i Seotlon 1. Putrppoas ct t~Ordtnanos The purpee,~atQrdlr+grx»_ _ ..~, ~~} , is mein Publio! Seoflort 1. t~ , 4trv r Con to Sosolsl #,~n appneceaon. atdNn~id in 4hei r~A~#17d.ap}?tSfkMt'.. hn~t BMIQn He^ - 4 ' Ilp~trre!1~nelaoetlon et the NW~ IooA1~W ` ' walk tT~o~ro tRq~e~ Of the p t 5~ilYQdtttW ae w ~~ foama- ~the !!~e d,111P19tuldll ~11F;~.Aarrlerof>l~Aarlt- arete bprt outwrd " , ~11a mPd Aa werk,J!+Sh tlra ~~ ~~ ~"# ~,. 4. Tt~t tlia ahaX + b t e final sx6erlor {t ~dre .F~ . b a Svall and PP ~! ~~Marridhed fn sr , ~~~~ zp der ~~~~ l ~lyla~ Is ha1A bean fu ed . jn all on,tar a pulldh+p psrmft,'~ ~#b~n~ e~ksl~ e reosWSd~Nfs tecom• ° ~ ~ .Top of wall the P( ~ !4 Envl- g. T#rat ffis dewlopsl -shag submit a oomprshsn ~e~.~ a proposal for the Four one k. R ~, Foul' re~ , ~~t lor:t~vlsw and ~rqv~ qy its Dse{pn Rs- euary tpe gtnandmsnt of a , vlsw Board, pp~rbr to the" issy ni a Tsmj.~ , I. ShnW edpp~~~ folbw tl~e Prooadtlree : ;GgrdNeedq of~coupancy tgr'trut4r Seaaolp t}rl road on dvlf"pl he VaaH Tovart Code : ~. - , n ~' 111.~rOalOq_O®A +tt~np tnovsrnat~ t>~ hs ettew ~~ ~ r•~4 ve wal~~c atlon for tl» ''tt Rd~Wsat i reads as ~B$.67t i e prwtlckd (><tr' where nso- gxletln Rayament,'ipr ahdet l makfr olnt; piker M_9a_l!ffiY_updrted•_ 1 repppi qr there and re•snaounent of rOVietonb of the Vall Munidpal Code a~ p in this ordinance ehap not atftsotaraayny ciaht v+htolt' has axrued, say duly' alp nd, ~ewfofhsroof, ot~urted prYar to the rtscdw prasecudon,.&pmrttarwed, nor ary other aotlori or -oropesdltyS lu I or~re eai~sd snd~+t1~1~4 The of p Iwraly orry PsuP~rsaed~i-d~iu s? amply Section 8. AIF bylaws, its, resoluuone and ordinances, or parts thereof, inconelatent herswitkr are hereby re~ ed to the onry of such irboneletenoy. repeater ehaN not be conetnred to revise aM .obylaw,~ ~~on or ordinance, 9r pM# thare~ IoiN1TRCppt9CEQ'READ ON PIRST R~~AApp~~ AP- PROVED AMD ORDERED PUBLISHED ONG~E IN ,FULL t7f3 FIRST READ NQ ttt~e y 4 M 20113 end a pubAc hsa~np for ta~ M;'. ^thia brdinenoe ast ror me~9dt day. of JUne~. In the gourpll Chambero of the Vail Muntolpp~ „8uiiding,'Vell, Colorado. Ludwlp Kurz, Meyyor ATTESI"c Lorelei t?onaldeon Town Clerk PubllgttAa(1n The 1~e11 Dally AA~Iy 0, 2003., ,'~` ._..~.~- ,.- STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION SS. X601 I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ........~..... consecutive insertions; and that the firrlst, publication of said notice was in the issue of said newspaper dated ......~ .. .. .....~v A.D....~s...... an//,,d that the last public!!al1tio~~n of said notice was in the issue of said newspaper dated. ..~4~. A.D.......~~~~l~~:l.~.1............ In witness whereof I have hereunto set my hand this ....,,1..~.. day .:.. ......... ...~.. `~~ n~ ~ ~ { • 3