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HomeMy WebLinkAbout2019-05-21 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers 6:00 PM, May 21, 2019 AME N D E D AG E N D A Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (5 min.) 2.Award Recognitions 2.1.Recognize recent HousingColorado Eagle Award given to George Ruther, Vail Housing Director, and acknowledgement of the Vail Local Housing Authority for the Vail I nD E E D Deed-Restriction Purchase Program 5 min. Presenter(s): Dave Chapin, Mayor Background: The Town Council would like to congratulate George Ruther and the Vail Local Housing Authority for the recent recognition by the HousingColorado group who presented the Eagle Award to Vail's Housing Director Mr. Ruther as well as recognized the Vail I nD E E D program as one of five outstanding housing programs in the State of Colorado. HousingColorado is an industry association dedicated to working with and acknowledging affordable housing in Colorado. The Eagle Award was established in 1990 and has come to represent one of the highest achievements for the Colorado housing community. This prestigious award celebrates the extraordinary accomplishments and outstanding leadership in housing and support services. The award honors individuals, agencies, projects, and programs that soar to new heights in their work to ensure safe, decent, affordable housing for all Coloradans. A total of four winners were chosen from nearly 30 project, program and individual nominations from across Colorado by an industry-diverse selection committee. The four Eagle Awards and one People’s Choice Award were presented at the 2019 Eagle Awards Ceremony on Thursday, May 9, 2019 at the Four Season Hotel in downtown Denver. 2.2.Colorado Grand Scholarship Award Recognition 5 min. Presenter(s): J enn Bruno, Mayor Pro Tem May 21, 2019 - Page 1 of 246 Background: The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2019 award will be given to a senior student who attends one of the local High Schools. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. 2.3.Town of Vail Youth Award Recognition 5 min. Presenter(s): Dave Chapin, Mayor, and Scott O'Connell Background: The Town of Vail will recognize two local Vail students (and residents), for their academic accomplishments, extracurricular activities (athletic, civic, performing arts) and leadership at their respective high schools, Vail Mountain School & Battle Mountain High School. The Town has been a supporter of this program formerly administered and funded by the Vail Valley Exchange (no longer an active organization). 3.Appointments for Authorities, Boards and Commissions 3.1.Vail Local Housing Authority Appointment 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint one person to serve on the V L HA for a five-year term ending on May 31, 2024. 3.2.Vail Local (Liquor) Licensing Authority Appointments 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three people to serve on V LLA for two-year term ending May 31, 2021. 4.Consent Agenda 4.1.Resolution No. 23, Series of 2019; A Resolution Pledging 100% Renewable Energy for Town of Vail Municipal Electricity 20 min. Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager, Greg Hall, Director of Public W orks, Transportation and Parks,and representatives from Holy Cross Energy Background: The Town of Vail's Environmental Sustainability Strategic Plan holds the town to a reduction of carbon emissions of 20% by 2020 below 2006 levels. Holy Cross Energy will present the P URE program, an energy offset program where members may purchase renewable energy for a premium. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 23, Series of 2019, and associated funding of $36,000 (estimated based on last 12 months kW h usage) for wind power in the supplemental budget, offsetting over 4.6 million kW h of municipal electricity use with renewable energy. 4.2.Resolution No. 24, Series of 2019, A Resolution Approving the Purchase of Lot 5 Bighorn 2nd Edition Known as 3785 Lupine Drive, Lot 5, Vail Colorado 81657 5.Town Manager Report 5.1.Red Sandstone Parking Structure Project Update 5 min. Presenter(s): Greg Hall, Director of Public W orks & Transportation May 21, 2019 - Page 2 of 246 6.Presentations / Discussion 6.1.Civic Area Plan Discussion 120 min. Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Staff asks Council to review the presentation and provide direction related to the content provided by the project team. Background: Since our last update to Council on April 2, 2019, the project team has launched Engagement W indow 2 to gain feedback on the various design concepts for each of the five sites in the study area. Today’s presentation to Council focuses on the feedback we received from the public through surveys conducted on EngageVail.com, and input from various stakeholder groups we have met with during Engagement W indow 2. The presentation also covers funding mechanisms available to the Town, rough estimates of cost, and market considerations relative to the types of uses contemplated within the Civic Area. Staff Recommendation: No recommendation is proposed from staff at this time. 7.Break (10 min.) 8.Action Items 8.1.Ordinance No. 9, Series of 2019, First Reading, Prescribed Regulations Amendment - Separated Duplexes 30 min. Presenter(s): Erik Gates, Community Development Planner Action Requested of Council: The Vail Town Council is asked to approve, approve with modifications, or deny Ordinance No. 9, Series of 2019 Background: W ithin the TOV there are approximately 20 separated duplexes. Over time, adherence to the Unified Architectural and Landscape Design requirement has not been maintained on approximately 10 of them. This has resulted largely from prior Design Review Boards not enforcing this provision of the code and has been exacerbated by staff approvals. Because the Code, as written, requires that this criteria be met and does not allow for any alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design. 8.2.Permission to Proceed Through the Development Review Process for use of Town of Vail owned property to construct a driveway and retaining walls, located at 4018 W illow Way. 15 min. Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Town Council is asked to review a request to submit development review applications (Design Review Board and Planning and Environmental Commission) for use Town of Vail property for the construction of a driveway and retaining walls in order to access a 45-acre parcel of land which has no frontage on a public right-of-way. Background: The proposed driveway would facilitate access to, and development on, the 45-acre parcel of undeveloped land, which does not have frontage on a public right-of-way. I f this applicant is unable to obtain access through Town property, they will need to seek access from a private property, or through other existing access easements. Staff Recommendation: The Community Development Department May 21, 2019 - Page 3 of 246 recommends that the Vail Town Council deny use of Town property. 9.Public Hearings 9.1.Ordinance No. 8, Series of 2019, Second Reading, Ordinance adopting Prescribed Regulations Amendment - Roof Pitches 5 min. Presenter(s): Ashley Clark, Planner I I Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading. Background: The Community Development Department is proposing to update the Vail Town Code to add definitions related to roof pitches and respective maximum allowed heights and to add language to regulate parapets. The legislative history for height allowances in Vail from the original adoption of the Zoning Regulations and Design Regulations to today shows that Vail has adjusted its codes to accommodate design trends and technology. Today, roof construction practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many different roof pitches, with some being more flat or sloping relative to others. This text amendment seeks to update the existing code to provide a clear standard for fair and consistent review of projects in Vail. Staff Recommendation: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading. 9.2.Ordinance No. 6, Series of 2019, Second Reading, An Ordinance Granting a Franchise to Holy Cross Energy 10 min. Presenter(s): Greg Hall, Public W orks & Transportation Director Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon second reading. Background: The Town of Vail and Holy Cross Energy have been partners in an Electric Utility Franchise Agreement since February 27, 1979. That agreement was renewed on May 4, 1999 to expire this May. The franchise fee is currently set at 3%, which is consistent with other municipalities with whom Holy Cross Energy has franchise agreements with. The proposed franchise agreement increases the franchise fee to 4%. The additional revenue generated from this increase will assist with undergrounding of overhead electric and other utility lines. Public notice requirements for franchise agreements have been met by Holy Cross. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon second reading. 9.3.Second reading of Ordinance No. 7, Series 2019, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund 20 min. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series 2019 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2019 10.Adjournment May 21, 2019 - Page 4 of 246 10.1.Adjournment at 9:50 p.m. (est.) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. May 21, 2019 - Page 5 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Recognize recent HousingColorado E agle Award given to George Ruther, Vail Housing Director, and acknowledgement of the Vail L ocal Housing A uthority for the Vail I nD E E D Deed-Restriction P urchase P rogram P RE S E NT E R(S ): Dave Chapin, Mayor B AC K G RO UND: The Town Council would like to congratulate George Ruther and the Vail L ocal Housing Authority for the recent recognition by the HousingC olorado group who presented the E agle Award to Vail's Housing Director Mr. Ruther as well as recognized the Vail I nD E E D program as one of five outstanding housing programs in the State of Colorado. HousingColorado is an industry association dedicated to working with and acknowledging affordable housing in Colorado. T he E agle Award was established in 1990 and has come to represent one of the highest achievements for the C olorado housing community. T his prestigious award celebrates the extraordinary accomplishments and outstanding leadership in housing and support services. T he award honors individuals, agencies, projects, and programs that soar to new heights in their work to ensure safe, decent, affordable housing f or all Coloradans. A total of four winners were chosen from nearly 30 project, program and individual nominations from across Colorado by an industry-diverse selection committee. T he f our E agle Awards and one People’s Choice Award were presented at the 2019 Eagle Awards Ceremony on T hursday, May 9, 2019 at the F our S eason Hotel in downtown Denver. AT TAC H ME N TS: Description Housing Colorado Eagle Award Article May 21, 2019 - Page 6 of 246 Vail's Housing Deed-Restriction Program -Housing Director Recognized for Innovation and Leadership Vail's Housing Deed-Restriction Program -Housing Director Recognized for Innovation and Leadership 16 May 2019 Page l of2 The Town of Vail 's innovative approach to increasing the supply of resident housing through the Vail In DEED Deed-Restriction Purchase Program and the commitment to make the program a success has been recognized by a state industry group. HousingColorado, a comprehensive industry association dedicated to serving professionals who are designing, developing and increasing support for affordable housing in Colorado , has named Vail In DEED one of five outstanding programs in the state. During an award ceremony on May 9 , Housing Director George Ruther, was the recipient of a 2019 Eagle Award . Last year he was appointed Vail 's Director of Housing , where he has been instrumental in implementing the Vail lnDEED program . In partnership with members of the Vail Local Housing Authority, the Vail Town Council, town staff and members of the community, Vail In DEED has been used to acquire deed restrictions on 105 homes from East Vail to Edwards since its inception in 2018. By acquiring real estate interest in these homes , totaling $6 .5 million in funding , to date, the properties have become deed-restricted and must be occupied by residents working 30 hours a week for an Eagle County business. The Vail Local Housing Authority serves as the Vail lnDEED agent , while the Vail Town Council appropriates the funding . The program has ensured homes for nearly 215 Vail residents . Ruther is one of five Eagle Award recipients to be recognized by HousingColorado in 2019 . In accepting the award, Ruther noted the support and encouragement of others who have made Vail 's housing programs possible. "The Vail Town Council and the Vail Local Housing Authority members are to be commended for their dedication, commitment and willingness to think differently about our housing challenges . Their leadership is an example for others to follow and our momentum is strong." "This well-deserved award is a reminder of how fortunate we are to have someone as dedicated, talented and effective as George working on our behalf. Additionally, the nomination of the Vail In DEED program is further validation that we are on the right track with this collaborative and flexible approach to addressing our housing needs ." -Steve Lindstrom, Chair, Vail Local Housing Authority https://www . vailgov .corn/announcements/vails-hous ing-deed-restriction-program-housing-director-recognized-... 5/16/2019 May 21, 2019 - Page 7 of 246 Vail's Housing Deed-Restriction Program -Housing Director Recognized for Innovation and Leadership Page 2 of2 https ://www .vailgov.com /announcements/vails-housing-deed-restriction-program-housing-director-recognized-. .. 5/16/2019 May 21, 2019 - Page 8 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Colorado Grand Scholarship Award Recognition P RE S E NT E R(S ): J enn Bruno, Mayor Pro Tem B AC K G RO UND: The Colorado Grand has offered an annual scholarship program to students attending local schools in E agle County. T he 2019 award will be given to a senior student who attends one of the local High Schools. E d O'B rien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. May 21, 2019 - Page 9 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Town of Vail Youth Award Recognition P RE S E NT E R(S ): Dave Chapin, Mayor, and Scott O'Connell AC T IO N RE Q UE S T E D O F C O UNC I L: B AC K G RO UND: The Town of Vail will recognize two local Vail students (and residents), for their academic accomplishments, extracurricular activities (athletic, civic, performing arts) and leadership at their respective high schools, Vail Mountain S chool & Battle Mountain High S chool. The Town has been a supporter of this program formerly administered and funded by the Vail Valley E xchange (no longer an active organization). May 21, 2019 - Page 10 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Vail L ocal Housing A uthority A ppointment P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: A ppoint one person to serve on the V L HA for a five- year term ending on May 31, 2024. May 21, 2019 - Page 11 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Vail L ocal (L iquor) L icensing Authority Appointments P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: A ppoint three people to serve on V L L A for two-year term ending May 31, 2021. May 21, 2019 - Page 12 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 23, S eries of 2019; A Resolution P ledging 100% Renewable E nergy for Town of Vail Municipal Electricity P RE S E NT E R(S ): K risten Bertuglia, E nvironmental Sustainability Manager, Greg Hall, Director of P ublic Works, Transportation and Parks,and representatives from Holy Cross E nergy AC T IO N RE Q UE S T E D O F C O UNC I L: Staff requests the Vail Town Council approve, approve with modifications, or deny, Resolution No. 23, S eries of 2019. B AC K G RO UND: The Town of Vail's E nvironmental Sustainability S trategic Plan holds the town to a reduction of carbon emissions of 20% by 2020 below 2006 levels. Holy Cross E nergy will present the P UR E program, an energy offset program where members may purchase renewable energy for a premium. S TAF F RE C O M M E ND AT IO N: Staff recommends the Vail Town Council approve Resolution No. 23, Series of 2019, and associated funding of $36,000 (estimated based on last 12 months kW h usage) for wind power in the supplemental budget, offsetting over 4.6 million kW h of municipal electricity use with renewable energy. AT TAC H ME N TS: Description Resolution No. 23, Series of 2019 Memorandum Resolution No. 23, Series of 2019 May 21, 2019 - Page 13 of 246 TO: Vail Town Council FROM: Community Development Department DATE: May 21, 2019 SUBJECT: Resolution No. 23, Series of 2019, a Resolution Pledging 100% Renewable Energy for Town of Vail Electricity I. PURPOSE The purpose of this memorandum and presentation is to present for adoption Resolution No. 23, Series of 2019, pledging to purchase renewable energy through the Holy Cross Energy PuRE program, Powered by 100% Renewable Energy, for all Town of Vail electric accounts. II. BACKGROUND The Town of Vail’s Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, includes Goal #2, “Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse gas emissions and impact on global climate change. In 2006, the town’s total carbon emissions were approximately 12,000 lbs. CO2e, and today are approximately 10,440 lbs CO2e, a 13% reduction due to the town’s facility-wide energy efficiency project, despite significant increases in snowmelted areas. However, in order to reach the 20% by 2020 and 80% by 2050 carbon emissions reduction goal, a large-scale renewable energy purchase is required. In order to achieve a full emissions offset of town operations including the snowmelt system, staff will return to the Vail Town Council with additional options for consideration later this summer. Vail Greenhouse Gas Emissions Inventory CLEER further broke down the County inventory by community. Vail’s greenhouse gas emissions are comparably higher than other communities, due to high impact from the ski industry, guests, snowmelt and transportation. With a low population but high guest attendance, per capita emissions are skewed. Emissions by community - Buildings, Facilities, and Industry GHG emissions per capita May 21, 2019 - Page 14 of 246 Town of Vail Page 2 III. HOLY CROSS PURE PROGRAM Holy Cross Energy will present the PuRE program, an energy offset program where members may purchase renewable energy for a premium at a rate of $.00076/kWh for wind, $.0107/kWh for hydroelectric power, and $.01222/kWh for solar. Since HCE is currently supplied by 39% renewable energy, members are only responsible for the remaining 61% to offset their bills with renewable energy. Members may choose the renewable energy source which tracks with electricity bills. Town Electric Offset Options kWh 2018 100% Wind 100% Hydro 100% Solar 4,643,782 $35,293 $49,688.47 $56,654.14 So far, other communities and organizations in the Climate Action Collaborative including Basalt, Eagle County, Eagle River Water and Sanitation District, Snowmass Village, and Carbondale have adopted to select either 100% solar, 100% wind, or a combination of the sources. The premium purchase prices are based upon the wholesale rate Holy Cross Energy pays for the power, and each has its advantages. Wind has a higher capacity factor and compliments daytime solar use. Wind is also the least expensive product, but is not necessarily in the state of Colorado, where new solar contracts will include those developed in-state. Hydro Power is purchased through Wester Area Power Association (WAPA), made up of 19 different hydro-electric projects in the state. IV. STAFF RECOMMENDATION Staff recommends the Vail Town Council adopt Resolution No. 23, Series of 2019 pledging to purchase 100% renewable energy, and adding $36,000 (estimated based on last 12 months kWh usage) to the supplemental budget for wind power for all electric accounts associated with Town of Vail municipal operations. V. ATTACHMENTS A. Resolution No. 23, Series of 2019 May 21, 2019 - Page 15 of 246 Resolution No. 23, Series of 2019 Page 1 of 2 RESOLUTION NO. 23 Series of 2019 A RESOLUTION PLEDGING 100% RENEWABLE ENERGY FOR TOWN OF VAIL MUNICIPAL ELECTRICITY AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS , the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter''); WHEREAS , the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town of Vail’s Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, includes Goal #2, “Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse gas emissions and impact on global climate change”; WHEREAS, the Town of Vail supports the goals of the Climate Action Plan for the Eagle County Community of a reduction of greenhouse gas emissions of 25% by 2025 and 80% by 2050; WHEREAS , Holy Cross Energy, which provides electric utility services to a majority of Eagle County residents and businesses, has agreements in place to provide 70% of its power supply mix from renewable energy by 2030 and will likely reach that target by 2021; WHEREAS, Holy Cross Energy offers its members the ability to participate in the PuRE program, Powered by 100% Renewable Energy, which further offsets electricity use with renewable energy resources generated either within the Holy Cross Energy service territory or within the state of Colorado; WHEREAS , Holy Cross Energy dedicates all funds collected from the REPP to its WECARE program, which supports additional local energy efficiency and renewable energy projects through incentives and resources; and WHERE AS , Pledging to purchase 100% renewable electricity will contribute to an overall 32.5% reduction in the Town of Vail’s municipal energy use. NO W, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town of Vail hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents/constituents of the Town of Vail. May 21, 2019 - Page 16 of 246 Resolution No. 23, Series of 2019 Page 2 of 2 INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of May 2019. David Chapin, Mayor, Town of Vail ATTEST: Patty McKenny, Town Clerk May 21, 2019 - Page 17 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 24, S eries of 2019, A Resolution Approving the P urchase of L ot 5 B ighorn 2nd E dition K nown as 3785 L upine Drive, L ot 5, Vail Colorado 81657 AT TAC H ME N TS: Description Resolution No. 24, Series of 2019 May 21, 2019 - Page 18 of 246 Resolution No. 24, Series of 2019 RESOLUTION NO. 24 SERIES OF 2018 A RESOLUTION APPROVING THE PURCHASE OF LOT 5, BIGHORN 2ND EDITION, KNOWN AS 3785 LUPINE DRIVE, LOT 5, VAIL COLORADO 81657 WHEREAS, the Chloe Held Moran Revocable Trust (“Seller”) owns the real property more particularly described and depicted in the Contract to Buy and Sell Estate, attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); WHEREAS, the Town, in partnership with Eagle County, wishes to purchase the Property subject to the terms of the Contract to Buy and Sell Real Estate (the “Contract”) for the purpose of maintaining the Property as open space; and WHEREAS, the purchase price of $600,000 will be split between the Town and the County to pay with each party paying $300,000. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Town Council hereby approves the Contract and authorizes the Town Manager to execute the Contract on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of May 2019. ________________________________ Dave Chapin, Mayor ATTEST: _________________________________ Tammy Nagel, Town Clerk May 21, 2019 - Page 19 of 246 Resolution No. 24, Series of 2019 May 21, 2019 - Page 20 of 246 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Slifer Smith & Frampton Real Estate Steve & Hillary McSpadden Ph: (970)476-2421 Fax: (866)390-8498 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.(CBS4-6-18) (Mandatory 1-19) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) ( Property with No Residences) ( Property with Residences-Residential Addendum Attached) Date: 5/21/2019 AGREEMENT 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract). 2. PARTIES AND PROPERTY. 2.1. Buyer. Buyer,Town of Vail (Buyer) will take title to the Property described below as Joint Tenants Tenants In Common Other . 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 2.3. Seller.Chloe Held Moran Revocable Trust (Seller) is the current owner of the Property described below. 2.4. Property. The Property is the following legally described real estate in the County of Eagle, Colorado: Subdivision: Bighorn 2nd Addition Lot: 5 known as No. 3785 Lupine Drive, Lot 5 Vail, CO 81657, together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent thereto except as herein excluded (Property). 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 2.5.1. Inclusions. The following items, whether fixtures or personal property, are included in the Purchase Price unless excluded under Exclusions: If any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase Price. 2.5.2. Personal Property –- Conveyance. Any personal property must be conveyed at Closing by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except . Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 2.6. Exclusions. The following items are excluded (Exclusions): 2.7. Water Rights, Well Rights, Water and Sewer Taps. 2.7.1. Deeded Water Rights. The following legally described water rights: CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 1 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 21 of 246 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1, 2.7.3, 2.7.4 and 2.7.5, will be transferred to Buyer at Closing: 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is . 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 2.7.5. Water and Sewer Taps. The parties agree that water and sewer taps listed below for the Property are being conveyed as part of the Purchase Price as follows: If any water or sewer taps are included in the sale, Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any, time and other restrictions for transfer and use of the taps. 2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water), § 2.7.3 (Well Rights), § 2.7.4 (Water Stock Certificates), or § 2.7.5 (Water and Sewer Taps), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 2.8. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 3. DATES, DEADLINES AND APPLICABILITY. Item No.Reference Event Date or Deadline 1 4.3 Alternative Earnest Money Deadline 3 Business Days from MEC Title 2 8.1, 8.4 Record Title Deadline 5/28/2019 Tuesday 3 8.2, 8.4 Record Title Objection Deadline 5/30/2019 Thursday 4 8.3 Off-Record Title Deadline 5/28/2019 Tuesday 5 8.3 Off-Record Title Objection Deadline 5/30/2019 Thursday 6 8.5 Title Resolution Deadline 6/4/2019 Tuesday 7 8.6 Right of First Refusal Deadline Owners’ Association 8 7.2 Association Documents Deadline 9 7.4 Association Documents Termination Deadline Seller's Disclosures 10 10.1 Seller's Property Disclosure Deadline 11 10.10 Lead-Based Paint Disclosure Deadline (if Residential Addendum attached) Loan and Credit 12 5.1 New Loan Application Deadline 13 5.2 New Loan Termination Deadline 14 5.3 Buyer's Credit Information Deadline 15 5.3 Disapproval of Buyer's Credit Information Deadline 16 5.4 Existing Loan Deadline 17 5.4 Existing Loan Termination Deadline CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 2 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 22 of 246 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 18 5.4 Loan Transfer Approval Deadline 19 4.7 Seller or Private Financing Deadline Appraisal 20 6.2 Appraisal Deadline 6/14/2019 Friday 21 6.2 Appraisal Objection Deadline 6/18/2019 Tuesday 22 6.2 Appraisal Resolution Deadline 6/20/2019 Thursday Survey 23 9.1 New ILC or New Survey Deadline 6/14/2019 Friday 24 9.3 New ILC or New Survey Objection Deadline 6/18/2019 Tuesday 25 9.3 New ILC or New Survey Resolution Deadline 6/20/2019 Thursday Inspection and Due Diligence 26 10.3 Inspection Objection Deadline 27 10.3 Inspection Termination Deadline 28 10.3 Inspection Resolution Deadline 29 10.5 Property Insurance Termination Deadline 30 10.6 Due Diligence Documents Delivery Deadline 31 10.6 Due Diligence Documents Objection Deadline 32 10.6 Due Diligence Documents Resolution Deadline 33 10.6 Environmental Inspection Termination Deadline 34 10.6 ADA Evaluation Termination Deadline 35 10.7 Conditional Sale Deadline 36 10.10 Lead-Based Paint Termination Deadline (if Residential Addendum attached) 37 11.1,11.2 Estoppel Statements Deadline 38 11.3 Estoppel Statements Termination Deadline Closing and Possession 39 12.3 Closing Date 6/28/2019 Friday 40 17 Possession Date 6/28/2019 Friday 41 17 Possession Time Upon Delivery of Deed 42 28 Acceptance Deadline Date 5/22/2019 Wednesday 43 28 Acceptance Deadline Time By 11:59pm MST 44 45 3.2. Applicability of Terms. Any box checked in this Contract means the corresponding provision applies. If any deadline blank in § 3.1 (Dates and Deadlines) is left blank or completed with the abbreviation “N/A”, or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. If no box is checked in a provision that contains a selection of “None”, such provision means that “None” applies. The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. 4. PURCHASE PRICE AND TERMS. 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 3 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 23 of 246 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 Item No. Reference Item Amount Amount 1 4.1 Purchase Price $600,000.00 2 4.3 Earnest Money $30,000.00 3 4.5 New Loan 4 4.6 Assumption Balance 5 4.7 Private Financing 6 4.7 Seller Financing 7 8 9 4.4 Cash at Closing $570,000.00 10 TOTAL $600,000.00 $600,000.00 4.2. Seller Concession. At Closing, Seller will credit to Buyer $ (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 4.3. Earnest Money. The Earnest Money set forth in this section, in the form of a wired funds, will be payable to and held by Land Title Guarantee Company, Vail, CO (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, except as provided in § 24 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three days of Seller’s receipt of such form. 4.4. Form of Funds; Time of Payment; Available Funds. 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in 4.1. 4.5. New Loan. (Omitted as inapplicable) 4.6. Assumption. (Omitted as inapplicable) CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 4 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 24 of 246 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 4.7. Seller or Private Financing. (Omitted as inapplicable) TRANSACTION PROVISIONS 5. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable) 5.3. Credit Information and Buyer’s New Senior Loan. (Omitted as inapplicable) 5.4. Existing Loan Review. (Omitted as inapplicable) 6. APPRAISAL PROVISIONS. 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3, or if a cash transaction (i.e. no financing), § 6.2.1 applies. 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline, notwithstanding § 8.3 or § 13: 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated; or 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification). 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the Appraisal Objection before such termination, i.e., on or before expiration of Appraisal Resolution Deadline. 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal (Lender Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following Seller’s receipt of the Lender Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to satisfy the Lender Requirements; (2) the Lender Requirements have been completed; or (3) the satisfaction of the Lender Requirements is waived in writing by Buyer. 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 7. OWNERS’ ASSOCIATION. This Section is applicable if the Property is located within a Common Interest Community and subject to the declaration (Association). 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 5 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 25 of 246 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. 7.3. Association Documents. Association documents (Association Documents) consist of the following: 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1 and 7.3.2, collectively, Governing Documents); and 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed (Association Insurance Documents); 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name of title of such fees or charges) that the Association’s community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4 and 7.3.5, collectively, Financial Documents); 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2 (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common elements or limited common elements of the Association property. 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 25.1, on or before Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 25.1 by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate under this provision, notwithstanding the CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 6 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 26 of 246 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 provisions of § 8.6 (Right of First Refusal or Contract Approval). 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 8.1. Evidence of Record Title. 8.1.1. Seller Selects Title Insurance Company.If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. If neither box in § 8.1.1 or § 8.1.2 is checked, § 8.1.1 applies. 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other . Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.5 (Right to Object to Title, Resolution). 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title Documents). 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Title Documents as set forth in § 8.5 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.5 (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1 (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 7 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 27 of 246 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3 (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.5 (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. A tax certificate from the respective county treasurer listing any special taxing districts that effect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may object, on or before Record Title Objection Deadline. If the Tax Certificate shows that the Property is included in a special taxing district and is received by Buyer after the Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to the Property’s inclusion in a special taxing district as unsatisfactory to Buyer. 8.5. Right to Object to Title, Resolution. Buyer’s right to object, in Buyer’s sole subjective discretion, to any title matters includes those matters set forth in § 8.2 (Record Title), § 8.3 (Off-Record Title), § 8.4 (Special Taxing District) and § 13 (Transfer of Title). If Buyer objects to any title matter, on or before the applicable deadline, Buyer has the following options: 8.5.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2 (Record Title), § 8.3 (Off-Record Title) or § 8.4 (Special Taxing Districts), the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the applicable documents; or 8.5.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 25.1, on or before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 8 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 28 of 246 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 or a right to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract will terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval of this Contract has not occurred on or before Right of First Refusal Deadline, this Contract will then terminate. 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property, and various laws and governmental regulations concerning land use, development and environmental matters. 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 8.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES. 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 8.7.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance policy. 8.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract (e.g., Record Title Objection Deadline and Off-Record Title Objection Deadline). 9. NEW ILC, NEW SURVEY. 9.1. New ILC or New Survey. If the box is checked, a: 1) New Improvement Location Certificate (New ILC); or, 2) New Survey in the form of Improvement Survey Plat; is required and the following will apply: 9.1.1. Ordering of New ILC or New Survey.Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) and will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 9 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 29 of 246 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 9.3. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3 or § 13: 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated; or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such termination, i.e., on or before expiration of New ILC or New Survey Resolution Deadline. DISCLOSURE, INSPECTION AND DUE DILIGENCE 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE, AND SOURCE OF WATER. 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline , Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or both) of the Property and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 10.3.1. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer requires Seller to correct; or 10.3.2. Terminate. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 25.1, that this Contract is terminated due to any unsatisfactory condition. Inspection Termination Deadline will be on the earlier of Inspection Resolution Deadline or the date specified in § 3.1 for Inspection Termination Deadline. 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection Objection before such termination, i.e., on or CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 10 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 30 of 246 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 before expiration of Inspection Resolution Deadline. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4 does not apply to items performed pursuant to an Inspection Resolution. 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of the Property Insurance, in Buyer’s sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver copies of the following documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 10.6.1.1. All contracts relating to the operation, maintenance and management of the Property; 10.6.1.2. Property tax bills for the last years; 10.6.1.3. As-built construction plans to the Property and the tenant improvements, including architectural, electrical, mechanical, and structural systems, engineering reports, and permanent Certificates of Occupancy, to the extent now available; 10.6.1.4. A list of all Inclusions to be conveyed to Buyer; 10.6.1.5. Operating statements for the past years; 10.6.1.6. A rent roll accurate and correct to the date of this Contract; 10.6.1.7. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet been completed and capital improvement work either scheduled or in process on the date of this Contract; 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims which have been made for the past years; 10.6.1.10. Soils reports, surveys and engineering reports or data pertaining to the Property (if not delivered earlier under § 8.3); 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II environmental reports, letters, test results, advisories and similar documents respective to the existence or nonexistence of asbestos, PCB transformers, or other toxic, hazardous or contaminated substances, and/or underground storage tanks and/or radon gas. If no reports are in Seller’s possession or known to Seller, Seller warrants that no such reports are in Seller’s possession or known to Seller; 10.6.1.12. Any Americans with Disabilities Act reports, studies or surveys concerning the compliance of the Property with said Act; 10.6.1.13. All permits, licenses and other building or use authorizations issued by any governmental authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use authorizations, if any; and 10.6.1.14. Other documents and information: 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 11 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 31 of 246 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 object to Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated; or 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such termination, i.e., on or before expiration of Due Diligence Documents Resolution Deadline. 10.6.3. Zoning. Buyer has the Right to Terminate under § 25.1, on or before Due Diligence Documents Objection Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction over the Property, in Buyer’s sole subjective discretion. 10.6.4. Due Diligence – Environmental, ADA. Buyer has the right to obtain environmental inspections of the Property including Phase I and Phase II Environmental Site Assessments, as applicable. Seller Buyer will order or provide Phase I Environmental Site Assessment, Phase II Environmental Site Assessment (compliant with most current version of the applicable ASTM E1527 standard practices for Environmental Site Assessments) and/or , at the expense of Seller Buyer (Environmental Inspection). In addition, Buyer, at Buyer’s expense, may also conduct an evaluation whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and evaluations must be conducted at such times as are mutually agreeable to minimize the interruption of Seller’s and any Seller’s tenants’ business uses of the Property, if any. If Buyer’s Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment, the Environmental Inspection Termination Deadline will be extended by days (Extended Environmental Inspection Termination Deadline) and if such Extended Environmental Inspection Termination Deadline extends beyond the Closing Date, the Closing Date will be extended a like period of time. In such event, Seller Buyer must pay the cost for such Phase II Environmental Site Assessment. Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this § 10.6.4, Buyer has the Right to Terminate under § 25.1, on or before Environmental Inspection Termination Deadline, or if applicable, the Extended Environmental Inspection Termination Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer’s sole subjective discretion. Buyer has the Right to Terminate under § 25.1, on or before ADA Evaluation Termination Deadline, based on any unsatisfactory ADA Evaluation, in Buyer’s sole subjective discretion. 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as . Buyer has the Right to Terminate under § 25.1 effective upon Seller's receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 10.9. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of the Leases to be assigned to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the Lease or other writing received by Buyer. Seller will not amend, alter, modify, extend or cancel any of the Leases nor will Seller enter into any new leases affecting the Property CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 12 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 32 of 246 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 without the prior written consent of Buyer, which consent will not be unreasonably withheld or delayed. 11. ESTOPPEL STATEMENTS. 11.1. Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel Statements. Seller must request from all tenants of the Property and if received by Seller, deliver to Buyer on or before Estoppel Statements Deadline, statements in a form and substance reasonably acceptable to Buyer, from each occupant or tenant at the Property (Estoppel Statement) attached to a copy of the Lease stating: 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease; 11.1.2. That said Lease is in full force and effect and that there have been no subsequent modifications or amendments; 11.1.3. The amount of any advance rentals paid, rent concessions given, and deposits paid to Seller; 11.1.4. The amount of monthly (or other applicable period) rental paid to Seller; 11.1.5. That there is no default under the terms of said Lease by landlord or occupant; and 11.1.6. That the Lease to which the Estoppel Statement is attached is a true, correct and complete copy of the Lease demising the premises it describes. 11.2. Seller Estoppel Statements. In the event Seller does not receive from all tenants of the Property a completed signed Estoppel Statement, Seller agrees to complete and execute an Estoppel Statement setting forth the information and documents required §11.1 above and deliver the same to Buyer on or before Estoppel Statements Deadline. 11.3. Estoppel Statements Termination. Buyer has the Right to Terminate under § 25.1, on or before Estoppel Statements Termination Deadline, based on any unsatisfactory Estoppel Statement, in Buyer’s sole subjective discretion, or if Seller fails to deliver the Estoppel Statements on or before Estoppel Statements Deadline. Buyer also has the unilateral right to waive any unsatisfactory Estoppel Statement. CLOSING PROVISIONS 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably-required documents at or before Closing. 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by the title company. 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller, provided another deed is not selected, must execute and deliver a good and sufficient special warranty deed to Buyer, at Closing. However, if the box is checked, the parties agree to use the corresponding deed instead: general warranty deed bargain and sale deed quit claim deed personal representative’s deed deed. CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 13 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 33 of 246 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 13.1. Special Warranty Deed and General Warranty Deed Exceptions. If title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed subject to: 13.1.1. General taxes for the year of Closing, 13.1.2. Distribution utility easements (including cable TV), 13.1.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with with § 8.3 (Off-Record Title) and § 9 (New ILC or New Survey), 13.1.4. Inclusion of the Property within any special taxing district, 13.1.5. Any special assessment if the improvements were not installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing and 13.1.6. Other . 13.2. Special Warranty Deed. In addition to the requirements of § 13.1, if title will be conveyed by a special warranty deed, Seller will warrant title against all persons claiming by, through or under Seller subject to those specific recorded exceptions, if any, created during Seller’s ownership of the Property and described by reference to recorded documents shown as Exceptions in the Title Documents that are accepted by Buyer in accordance with § 8.2 (Record Title) and described in the deed by reference to the specific recording information for each recorded document. 13.3. General Warranty Deed. In addition to the requirements of § 13.1, if title will be conveyed by a general warranty deed, Seller will warrant the title subject to those specific recorded exceptions described by reference to recorded documents shown as Exceptions in the Title Documents that are accepted by Buyer in accordance with § 8.2 (Record Title) and described in the deed by reference to the specific recording information for each recorded document. 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum, including, but not limited to, any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not and previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES. 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller Other 15.3. Status Letter and Record Change Fees. At least fourteen days prior to Closing Date, Seller agrees to promptly request the Association to deliver to Buyer a current Status Letter. Any fees incident to the issuance of Association’s Status Letter must be paid by None Buyer Seller One-Half by Buyer and One-Half by Seller. Any Record Change Fee must be paid by None Buyer Seller One-Half by Buyer and One-Half by Seller . 15.4. Local Transfer Tax. The Local Transfer Tax of % of the Purchase Price must be paid at Closing by None Buyer Seller One-Half by Buyer and One-Half by Seller. 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at Closing by None Buyer Seller One-Half by Buyer and One-Half by Seller. The Private Transfer fee, whether one or more, is for the following association(s): in the total amount of na% of the Purchase Price or $. 15.6. Water Transfer Fees. The Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $ for: Water Stock/Certificates Water District Augmentation Membership Small Domestic Water Company and must be paid at Closing by None Buyer Seller One-Half by Buyer and One-Half by Seller 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 14 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 34 of 246 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 must be paid when due by None Buyer Seller One-Half by Buyer and One-Half by Seller. 15.8. FIRPTA and Colorado Withholding. 15.8.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 15.8.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. The following will be prorated to the Closing Date, except as otherwise provided: 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any and general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, Other . 16.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions and notify all tenants in writing of such transfer and of the transferee’s name and address. Seller must assign to Buyer all Leases in effect at Closing and Buyer must assume Seller’s obligations under such Leases. 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and . Association Assessments are subject to change as provided in the Governing Documents. 16.4. Other Prorations. Water and sewer charges, propane, interest on continuing loan and Any continuing items. 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final. 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at Possession Time, subject to the Leases as set forth in § 10.6.1.7. If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer for payment of $ 250 per day (or any part of a day notwithstanding § 18.1) from Possession Date and Possession Time until possession is delivered. GENERAL PROVISIONS CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 15 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 35 of 246 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 18.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as applicable). 18.2. Computation of Period of Days, Deadline. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded and the last day is included. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 25.1, on or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 25.1, on or before Closing Date, based on such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the Purchase Price. 19.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 19.5. Home Warranty. [Intentionally Deleted] 19.6. Risk of Loss – – Growing Crops The risk of loss for damage to growing crops by fire or other casualty will be borne by the party entitled to the growing crops as provided in § 2.8 and such party is entitled CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 16 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 36 of 246 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 to such insurance proceeds or benefits for the growing crops. 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that the respective broker has advised that this Contract has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract. 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party has the following remedies: 21.1. If Buyer is in Default: 21.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty and the Parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 21.1.2. Liquidated Damages, Applicable. This § 21.1.2 applies unless the box in § 21.1.1. is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4, 22, 23 and 24), said payment of Earnest Money is SELLER’S ONLY REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 23. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that party’s last known address (physical or electronic as provided in § 27). Nothing in this Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section will not alter any date in this Contract, unless otherwise agreed. 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 17 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 37 of 246 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 23 (Mediation). This Section will survive cancellation or termination of this Contract. 25. TERMINATION. 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder will be returned to Buyer and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24. 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract. 27. NOTICE, DELIVERY AND CHOICE OF LAW. 27.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in § 27.2 and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or . 27.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 27.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 27 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 18 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 38 of 246 including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability, Due Diligence and Source of Water. ADDITIONAL PROVISIONS AND ATTACHMENTS 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 1. LEGAL REVIEW. Each party’s obligations under this Contract are expressly contingent upon the party’s legal review of this Contract. Either party’s objection to any of the terms of this Contract must be delivered to the other party no later than 5:00 p.m. on the date of May 28, 2019 (the “Contract Review Objection Deadline”). Buyer and Seller will cooperate in good faith to resolve any legal review objections to this Contract by 5:00 p.m. on the date of May 30, 2019 (the “Contract Review Resolution Deadline”). In the event that objections arising from the legal review of this Contract are not resolved in writing on or before the Contract Review Resolution Deadline, each party having timely delivered an objection pursuant to this paragraph has the Right to Terminate under § 25.1, within one (1) business day after the Contract Review Resolution Deadline. 2. LETTER OF DESIGNATED USE OF PROPERTY FROM BUYER. Buyer will provide to Seller on or before May 24, 2019, a certified written notice from the Town of Vail stating the future designation and use of Lot 5. This will include but not limited to: property will remain as open space and/or a conservation easement; no public access through the property; the process of how water will enter and exit the pond; and the purchase will not affect 3797 Lupine Drive, Lot 4 or have any financial burden to the Seller or future owner of Lot 4. 3. SECTION 15.4. LOCAL TRANSFER TAX. Buyer and Seller are exempt from paying the one percent (1%) transfer tax when the Town of Vail is party to a Contract to Buy and Sell Real Estate in the Town of Vail, Vail, Colorado. 4. BUYER CONTINGENCY. This contract is expressly contingent on Buyer receiving final written approval from the Eagle County Board of County Commisioners to receive confirmation of the partnership between the Town of Vail and Eagle County on or before June 19, 2019. If Buyer does not receive approval, Buyer may request an extension by written amendment to the Seller or Buyer may terminate this agreement in writing to Seller on or before June 19, 2019 and all earnest monies will be returned to Buyer. 31. OTHER DOCUMENTS. 31.1. The following documents are a part of this Contract: 31.2. The following documents have been provided but are not a part of this Contract: Wire Fraud Disclosure and Closing Instructions SIGNATURES Date: Buyer: Town of Vail By: Patty McKenny, Manager CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 19 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 39 of 246 [NOTE: If this offer is being countered or rejected, do not sign this document. Date: Seller: Chloe Held Moran Revocable Trust By: Chloe Held Moran, Manager END OF CONTRACT TO BUY AND SELL REAL ESTATE 32. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. This is a Change of Status Customer. Broker has no brokerage relationship with Buyer. See § 33 for Broker’s brokerage relationship with Seller. Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Buyer Other Seller. Brokerage Firm's Name: Slifer Smith & Frampton Real Estate Brokerage Firm’s License #: EC 83020 The McSpadden Team Date:5/21/2019 Broker’s Name: Steve & Hillary McSpadden Broker’s License #: EA40012489/FA001246045 Address: 230 Bridge Street Vail, CO 81657 Ph: (970)476-2421 Fax: (866)390-8498 Email Address: hmcspadden@slifer.net 33. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 20 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 40 of 246 will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23. Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. This is a Change of Status. Customer. Broker has no brokerage relationship with Seller. See § 32 for Broker’s brokerage relationship with Buyer. Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . Brokerage Firm's Name: Slifer Smith & Frampton Real Estate Brokerage Firm’s License #: EC 83020 Date: Broker’s Name: Steve and Hillary McSpadden Broker’s License #: EA40012489 Address: , Ph: Fax: Email Address: hmcspadden@slifer.net CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) CTM eContracts - ®2016 CTM Software Corp. CBS4-6-18. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 21 of 21 Initials _____________________________________ CTMeContracts.com - ©2019 CTM Software Corp. May 21, 2019 - Page 41 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Red Sandstone P arking Structure Project Update P RE S E NT E R(S ): Greg Hall, Director of P ublic Works & Transportation May 21, 2019 - Page 42 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Civic Area Plan Discussion P RE S E NT E R(S ): Matt Gennett, Community Development Director AC T IO N RE Q UE S T E D O F C O UNC I L: Staff asks Council to review the presentation and provide direction related to the content provided by the project team. B AC K G RO UND: S ince our last update to Council on A pril 2, 2019, the project team has launched Engagement W indow 2 to gain feedback on the various design concepts for each of the five sites in the study area. Today’s presentation to Council focuses on the feedback we received from the public through surveys conducted on E ngageVail.com, and input from various stakeholder groups we have met with during Engagement W indow 2. T he presentation also covers funding mechanisms available to the Town, rough estimates of cost, and market considerations relative to the types of uses contemplated within the Civic A rea. S TAF F RE C O M M E ND AT IO N: No recommendation is proposed from staff at this time. AT TAC H ME N TS: Description Civic Area Plan Update May 21, 2019 - Page 43 of 246 May 21, 2019 - Page 44 of 246 May 21, 2019 - Page 45 of 246 May 21, 2019 - Page 46 of 246 May 21, 2019 - Page 47 of 246 May 21, 2019 - Page 48 of 246 May 21, 2019 - Page 49 of 246 May 21, 2019 - Page 50 of 246 May 21, 2019 - Page 51 of 246 May 21, 2019 - Page 52 of 246 May 21, 2019 - Page 53 of 246 May 21, 2019 - Page 54 of 246 May 21, 2019 - Page 55 of 246 May 21, 2019 - Page 56 of 246 May 21, 2019 - Page 57 of 246 May 21, 2019 - Page 58 of 246 May 21, 2019 - Page 59 of 246 May 21, 2019 - Page 60 of 246 May 21, 2019 - Page 61 of 246 May 21, 2019 - Page 62 of 246 May 21, 2019 - Page 63 of 246 May 21, 2019 - Page 64 of 246 May 21, 2019 - Page 65 of 246 May 21, 2019 - Page 66 of 246 May 21, 2019 - Page 67 of 246 May 21, 2019 - Page 68 of 246 May 21, 2019 - Page 69 of 246 May 21, 2019 - Page 70 of 246 May 21, 2019 - Page 71 of 246 May 21, 2019 - Page 72 of 246 May 21, 2019 - Page 73 of 246 May 21, 2019 - Page 74 of 246 May 21, 2019 - Page 75 of 246 May 21, 2019 - Page 76 of 246 May 21, 2019 - Page 77 of 246 May 21, 2019 - Page 78 of 246 May 21, 2019 - Page 79 of 246 May 21, 2019 - Page 80 of 246 May 21, 2019 - Page 81 of 246 May 21, 2019 - Page 82 of 246 May 21, 2019 - Page 83 of 246 May 21, 2019 - Page 84 of 246 May 21, 2019 - Page 85 of 246 May 21, 2019 - Page 86 of 246 May 21, 2019 - Page 87 of 246 May 21, 2019 - Page 88 of 246 May 21, 2019 - Page 89 of 246 May 21, 2019 - Page 90 of 246 May 21, 2019 - Page 91 of 246 May 21, 2019 - Page 92 of 246 May 21, 2019 - Page 93 of 246 May 21, 2019 - Page 94 of 246 May 21, 2019 - Page 95 of 246 May 21, 2019 - Page 96 of 246 May 21, 2019 - Page 97 of 246 May 21, 2019 - Page 98 of 246 May 21, 2019 - Page 99 of 246 May 21, 2019 - Page 100 of 246 May 21, 2019 - Page 101 of 246 May 21, 2019 - Page 102 of 246 May 21, 2019 - Page 103 of 246 May 21, 2019 - Page 104 of 246 May 21, 2019 - Page 105 of 246 May 21, 2019 - Page 106 of 246 May 21, 2019 - Page 107 of 246 May 21, 2019 - Page 108 of 246 May 21, 2019 - Page 109 of 246 May 21, 2019 - Page 110 of 246 May 21, 2019 - Page 111 of 246 May 21, 2019 - Page 112 of 246 May 21, 2019 - Page 113 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 9, S eries of 2019, F irst Reading, P rescribed Regulations A mendment - S eparated Duplexes P RE S E NT E R(S ): E rik Gates, Community Development P lanner AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council is asked to approve, approve with modifications, or deny Ordinance No. 9, S eries of 2019 B AC K G RO UND: W ithin the TO V there are approximately 20 separated duplexes. Over time, adherence to the Unified Architectural and L andscape Design requirement has not been maintained on approximately 10 of them. T his has resulted largely from prior Design Review B oards not enforcing this provision of the code and has been exacerbated by staff approvals. B ecause the Code, as written, requires that this criteria be met and does not allow for any alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design. AT TAC H ME N TS: Description Town Council Memorandum Attachement A - Ordinance No. 9, Series of 2019 Attachement B - Memorandum to P E C Attachment C - 4/22 P E C Minutes Attachment D - Qualifying Separated Duplexes List May 21, 2019 - Page 114 of 246 TO: Vail Town Council FROM: Community Development Department DATE: May 21, 2019 SUBJECT: First Reading of Ordinance No. 9, Series of 2019, an ordinance to amend Section 14-10-6: Residential Development, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail Community Development Department is requesting a first reading of Ordinance No. 9, Series of 2019, to amend Section 14-10-6: Residential Development, Vail Town Code, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes. On April 22, 2019, the Planning and Environmental Commission (PEC) forwarded a recommendation for approval, with the conditions that Staff present the inventory of qualifying properties to the Design Review Board and that the Design Review Board has final approval of the inventory and any future additions to the inventory, to the Vail Town Council for the proposed amendment, subject to the findings noted in Section VIII of the staff memorandum sent to the PEC (Attachment B). II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2019, upon first reading. III. DESCRIPTION OF REQUEST The Community Development Department requests that the Vail Town Council consider the proposed prescribed regulations amendment to Section 14-10-6, Residential Development, pursuant to Section 12-3-7, Amendment, Vail Town Code. The amendment would also add a registry of separated duplexes that qualify for the exemption created by this amendment. The Community Development Department May 21, 2019 - Page 115 of 246 Town of Vail Page 2 proposes the following additional subsection to be added to 14-10-6 Residential Development: D. Exemption. 1. Residential development meeting all the following criteria may be exempt from the unified architectural and landscaping design requirement of subsection A: a. Existing separated duplexes (where two dwelling units share a development lot but are not physically connected); b. That do not share a unified architectural and landscape design, as determined by the Design Review Board; and c. That received Design Review Board approval prior to May 7, 2019. 2. A registry of qualifying properties shall be kept by the Community Development Department and made publically available. 3. This Section shall not exempt separated duplexes from any other approval requirements of this Code, including without limitation Section 12-11-3. IV. BACKGROUND/SITUATION TO BE ADDRESSED Since as early as 1970, the Town of Vail has permitted, upon a determination by the Design Review Board (DRB), that the two units that make up a duplex may be physically separated if warranted by significant site constraints and are thus deemed separated. The determination that the two units may be separated is based on the following criteria in the Vail Town Code (Code) (emphasis added): 14-10-6: Residential Development B. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. "Significant site constraints" shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). While the two units do not share a single structure, they share a Development Lot and all dimensional standards including GRFA, pursuant to Title 12 Chapter 6 of the Code. The allowance of separation does not relieve applicants from the Unified Architectural May 21, 2019 - Page 116 of 246 Town of Vail Page 3 and Landscape Design requirements of the Code. This criterion requires residential development be designed in a manner that creates and architecturally integrated structure with unified site development. Per Code: 14-10-6: Residential Development A. …Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. Furthermore, when a separation request is granted the DRB may require additional means to create unified site development. These are described in the Code as: 14-6-10: Residential Development C. …In addition, the design review board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. Within the TOV there are approximately 20 separated duplexes. Over time, adherence to the Unified Architectural and Landscape Design requirement has not been maintained on approximately 10 of them. This has resulted largely from prior Design Review Boards not enforcing this provision of the code and has been exacerbated by staff approvals. Because the Code, as written, requires that this criteria be met and does not allow for any alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design. The proposed text amendment is intended to address situations where existing separated duplexes do not share a unified architectural design. These changes will not impact separated duplexes with a unified architectural design, or new separated duplexes that may be granted in the future. VI. CRITERIA FOR REVIEW Per Section 12-3-7, Amendment, Vail Town Code, before acting on a prescribed regulations amendment, the PEC and Town Council shall consider the following factors with respect to this proposal: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and May 21, 2019 - Page 117 of 246 Town of Vail Page 4 Staff finds the proposed zoning code amendments further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town's villages while maintaining established community qualities and economic values. The proposal also promotes the enhancement of the overall appearance of the Town. The proposal addresses a specific and limited situation that could result in adverse aesthetic conditions if remained unchecked. Without the text amendment, homeowners wishing to upgrade their residences may find it unfeasible to do so. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically, in the Vail Land Use Plan’s adopted Goals and Policies, staff identified the following applicable statements: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff has found that due to the varying degree of adherence to Title 14, Chapter 10, Section 6, of the Code, conditions relating to the built environment of the town have substantially changed since the regulation’s adoption. This has resulted in a number of separated duplexes that would need to incur a significant financial burden to come into compliance with the subject regulation. While the subject regulation remains appropriate, it has become insufficient to deal with this reality. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and May 21, 2019 - Page 118 of 246 Town of Vail Page 5 Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, the proposed amendment has been narrowly tailored to affect only the design standards outlined in Title 14, Development Standards, for a limited number of separated duplexes. The objectives of this title read: Chapter 14-10-1: Purpose and Intent (in part) The Development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Town of Vail. Staff finds that the proposed amendment helps to protect individual property values and aesthetic quality by providing greater flexibility for these separated duplexes to redevelop with up-to-date architectural and landscape design. Furthermore, staff believes the limited number of properties affected by this amendment would not significantly increase visual clutter within the Town. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VIII. STAFF RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 9, Series of 2019, upon first reading, the Community Development Department recommends the Commission pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 9, Series of 2019, a Prescribed Regulation Amendment to amend Section 14-10-6: Residential Development, Vail Town Code, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes, pursuant to Section 12-3-7, Amendment, Vail Town Code..” Should the Vail Town Council choose to approve Ordinance No. 9, Series of 2019, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of the criteria outlined in Section VI of the April 22, 2019 of the staff memorandum to the Planning and Environmental Commission dated April 22, 2019,, and the evidence and testimony presented, the Vail Town Council finds: May 21, 2019 - Page 119 of 246 Town of Vail Page 6 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Ordinance No. 9, Series of 2019 B. Staff Memorandum, PEC19-0012, April 22, 2019 C. PEC Minutes, April 22, 2019 D. List of Qualifying Separated Duplexes, April 2019 May 21, 2019 - Page 120 of 246 ORDINANCE NO. 9 Series of 2019 AN ORDINANCE AMENDING TITLE 14, DEVELOPMENT STANDARDS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTION 14- 10-6, RESIDENTIAL DEVELOPMENT, TO ADD A PARAGRAPH PERT AINING TO THE UNIFIED ARCHITECTURAL DESIGN REQUIREMENT AS IT RELATES TO EXISTING SEPARATED DUPLEXES, 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 Planning and Environmental Commission of the Town of Vail has held a properly noticed public hearing on the proposed amendment on April 22, 2019 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its April 22, 2019 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 14, Development Standards, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-10-6, Residential Development, Vail Town Code, is hereby amended to read as follows: May 21, 2019 - Page 121 of 246 D. Exemption. 1. Residential development meeting all the following criteria may be exempt from the unified architectural and landscaping design requirement of subsection A: a. Existing separated duplexes (where two dwelling units share a development lot but are not physically connected); b. That do not share a unified architectural and landscape design, as determined by the Design Review Board; and c. That received Design Review Board approval prior to May 7, 2019. 2. A registry of qualifying properties shall be kept by the Community Development Department and made publically available. 3. This Section shall not exempt separated duplexes from any other approval requirements of this Code, including without limitation Section 12-11-3. Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the following: 1. The text amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town 2. The text amendment furthers the general and specific purposes of the zoning regulations 3. The text amendment promotes the health, safety, morals and the general welfare of the town and promotes the coordinated and harmonious development of the town in a manner than conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision May 21, 2019 - Page 122 of 246 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of May, 2019, and a public hearing for second reading of this Ordinance set for the 21st day of May, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________ Dave Chapin, Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of May, 2019. _____________________________ Dave Chapin, Mayor ATTEST: May 21, 2019 - Page 123 of 246 ____________________________ Tammy Nagel, Town Clerk May 21, 2019 - Page 124 of 246 TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 22, 2019 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a Prescribed Regulation Amendment to amend Section 14-10-6: Residential Development, Vail Town Code, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes, and setting forth details in regard thereto. (PEC19-0012) Applicant: Town of Vail Planner: Erik Gates I. SUMMARY The Town of Vail requests the review of a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-6: Residential Development, Vail Town Code, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes. Based upon Staff’s review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, subject to the findings noted in Section VIII of this memorandum. II. BACKGROUND/SITUATION TO BE ADDRESSED Since as early as 1970, the Town of Vail has permitted, upon a determination by the Design Review Board (DRB), that the two units that make up a duplex may be physically separated if warranted by significant site constraints and are thus deemed separated. The determination that the two units may be separated is based on the following criteria in the Vail Town Code (Code) (emphasis added): 14-10-6: Residential Development B. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. "Significant site constraints" May 21, 2019 - Page 125 of 246 Town of Vail Page 2 shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). While the two units do not share a single structure, they share a Development Lot and all dimensional standards including GRFA, pursuant to Title 12 Chapter 6 of the Code. The allowance of separation does not relieve applicants from the Unified Architectural and Landscape Design requirements of the Code. This criterion requires residential development be designed in a manner that creates and architecturally integrated structure with unified site development. Per Code: 14-10-6: Residential Development A. …Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. Furthermore, when a separation request is granted the DRB may require additional means to create unified site development. These are described in the Code as: 14-6-10: Residential Development C. …In addition, the design review board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. Within the TOV there are approximately 40 separated duplexes. Over time, adherence to the Unified Architectural and Landscape Design requirement has not been maintained on approximately 10 of them. This has resulted largely from prior Design Review Boards not enforcing this provision of the code and has been exacerbated by staff approvals. Because the Code, as written, requires that this criteria be met and does not allow for any alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design. May 21, 2019 - Page 126 of 246 Town of Vail Page 3 The proposed text amendment is intended to address situations where existing separated duplexes do not share a unified architectural design. These changes will not impact separated duplexes with a unified architectural design, or new separated duplexes that may be granted in the future. III. PROPOSED TEXT AMENDMENT LANGUAGE The Community Development Department proposes the following additional subsection to be added to 14-10-6 Residential Development: D. Exemption. 1. Residential development meeting all the following criteria may be exempt from the unified architectural and landscaping design requirement of subsection A: a. Existing separated duplexes (where two dwelling units share a development lot but are not physically connected); b. That do not share a unified architectural and landscape design, as determined by the Administrator in his or her reasonable discretion; and c. That received Design Review Board approval prior to May 7, 2019. 2. A registry of qualifying properties shall be kept by the Community Development Department and made publically available. 3. This Section shall not exempt separated duplexes from any other approval requirements of this Code, including without limitation Section 12-11-3. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: May 21, 2019 - Page 127 of 246 Town of Vail Page 4 The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. May 21, 2019 - Page 128 of 246 Town of Vail Page 5 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Title 14, Development Standards, Vail Town Code CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES (in part) Section 14-10-6: Residential Development: A. The purpose of this section is to ensure that residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set forth in subsection B of this section, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. B. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the design review board. "Significant site constraints" shall be defined as natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and development of a lot. Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the design review board as to whether or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot and a preliminary site plan of the proposed structure(s). C. The residential development may be designed to accommodate the development of dwelling units and garages in more than one structure if the design review board determines that significant site constraints exist on the lot. The use of unified architectural and landscape design as outlined herein shall be required for the development. In addition, the design review board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. (Ord. 29(2005) § 82: Ord., 9-21- 1999) May 21, 2019 - Page 129 of 246 Town of Vail Page 6 VI. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the proposed zoning code amendments further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town's villages while maintaining established community qualities and economic values. The proposal also promotes the enhancement of the overall appearance of the Town. The proposal addresses a specific and limited situation that could result in adverse aesthetic conditions if remained unchecked. Without the text amendment, homeowners wishing to upgrade their residences may find it unfeasible to do so. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically, in the Vail Land Use Plan’s adopted Goals and Policies, staff identified the following applicable statements: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff has found that due to the varying degree of adherence to Title 14, Chapter 10, Section 6, of the Code, conditions relating to the built environment of the town have substantially changed since the regulation’s adoption. This has resulted in a number of separated duplexes that would need to incur a significant financial burden to come into compliance with the subject regulation. While the subject regulation remains appropriate, it has become insufficient to deal with this reality. May 21, 2019 - Page 130 of 246 Town of Vail Page 7 Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, the proposed amendment has been narrowly tailored to affect only the design standards outlined in Title 14, Development Standards, for a limited number of separated duplexes. The objectives of this title read: Chapter 14-10-1: Purpose and Intent (in part) The Development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Town of Vail. Staff finds that the proposed amendment helps to protect individual property values and aesthetic quality by providing greater flexibility for these separated duplexes to redevelop with up-to-date architectural and landscape design. Furthermore, staff believes the limited number of properties affected by this amendment would not significantly increase visual clutter within the Town. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: May 21, 2019 - Page 131 of 246 Town of Vail Page 8 "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulation Amendment to amend Section 14-10-6: Residential Development, Vail Town Code, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VI of the April 22, 2019 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Draft Ordinance May 21, 2019 - Page 132 of 246 P L ANNING AND E NV IRO NM E NTAL C O M M I S S IO N April 22, 2019, 1:00 P M Town C ouncil C hambers 75 S . F rontage Road - Vail, Colorado, 81657 1.Call to Order Present: Brian Gillette, Rollie Kjesbo, Ludwig Kurz, K aren Perez, Brian Stoc kmar Absent: Pam Hopkins, J ohn-Ry an Lockman 2.S ite Visits 2.1.1309 Elkhorn Drive - Town of Vail Public W orks 2.2.224/226 Forest Road 454 Beaver Dam Road 54 Beaver Dam Road/95 Forest Road 2.3.706 Forest Road - Ostling Residence 3.Main A genda 3.1.A request for review of Minor Subdivision, pursuant to S ec tion 13-4, Minor Subdivisions, Vail Town C ode, to allow for removal of the platted building envelopes, loc ated at 694 and 670 Forest Road /Lots 7 and 8, Block 1, Vail Village Filing 6, and setting forth details in regard thereto. (PEC19-0009) 20 min. Applicant:Frances Biszantz & LSC 27 LLC, represented by Mauriello Planning Group Planner:J onathan S penc e Planner Spence introduc ed the project. Staff agrees with the history presented by Mauriello. Staff is in support of this subdivision. Dominic Mauriello, (Applicant) disc ussed the property history. Applicant presented slides showing the properties. Purpose of the subdivision is to eliminate envelopes c reated in 1997. No plans to build or alter properties at this time. Applicant c ontinued with the development history. Notably, staff and P E C in 1997 required the building envelopes, despite no c ode requirement for it. P lat note restricted most everything to be built within the envelopes. Gillette: Asked if construction would conform to current setback requirements? Applic ant: No, when initially built a setback varianc e was allowed. Gillette: How are the building envelopes more restric tive than the setbac ks? Perez: Concurred and asked if the footprints were c reated with respec t to lot size and coverage requirements. Applic ant: That may be, but people have been able to build with more flexibility due to not having these envelopes. Asks to be treated the same May 21, 2019 - Page 133 of 246 as every one else. Gillette: I s the only enc roachment in the front setbac k? Garage only ? Applic ant: Suspects more than the garage is in the front setbac k, but it was approved legally with a varianc e back in the day. W hen first constructed, Applicant suspec ts that garages could be allowed in the front setbac k. Spenc e: Staff would not allow the garage placement outside the building envelope without an amendment to the plat. Gillette: W as the intent of the envelopes to constrain the bulk and mass? Applic ant: This may be the c ase, but doesn’t think there was a direc t link established to bulk. W ithout the envelopes, P E C and D RB could still deny based on such concerns. Reiterated fairness with surrounding properties. Mauriello: Speaking to the criteria for the subdivision application and how the proposed subdivision complies. All surrounding lots are zoned the same and have consistent size and shape. Neighboring property has submitted a letter stating their support for this change Public Comment: None Perez: Understands the goal of the applicant, but feel like this is bootstrapping. Building envelopes are generally done for spec ific reasons. These lots transferred GRFA and other requirements between each other and the envelopes were a c ondition of this. I n context of the history, this may be a grant of spec ial privilege. Building envelope is in proportion with the size of the lots. Applic ant: The two lots that ended up being created in 1997, but the lots were conforming to the c ode regardless. Spenc e: Since GRFA allowances sc ale with lot size, the ultimate transfer of GRFA was a small amount. Gillette: Somewhat torn on this. However, since any development has to go back to boards for review anyway, he is in favor. Kurz, Kjesbo, and S toc kmar also c oncur with staff. Ludwig Kurz moved to approve. Brian Gillette seconded the motion and it passed (4-1). Ayes:(4)Gillette, Kjesbo, Kurz, Stockmar Nays:(1)P erez Absent:(2)Hopkins, Lockman 3.2.A request for the review of varianc es from Section 12-6D -9-6 Setbacks, Vail Town Code, in acc ordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for variances to the front setbac k of 20 feet to fac ilitate the redevelopment of both east and west units, located at 706 Forest Road Units A & B/Lot 9, Vail Village Filing 6, and setting forth details in regard thereto. (P EC19-00010) 20 min. Applicant:Paul & D anita Ostling, represented by Mauriello Planning Group Planner:Ashley Clark Planner Clark introduc ed the project Clark: Directed commissioners to the memo to see all proposed c hanges. May 21, 2019 - Page 134 of 246 Small c orrection that the primary and sec ondary units were switc hed in the memo, everything else is correc t. Two previous varianc es for the property exist on the property. One had a condition that no further enc roachment into rear setback would oc cur. Provided surrounding property context with regard to other variances provided. Clark: Staff could not support the idea that this lot is unique to the surrounding lots. A ll lots are long and have an extensive amount of steep slope hazard. Staff rec ommends denial of the variance. Dominic Mauriello (A pplic ant): I ntroduced the project team. Presented current c onditions of the lot and properties. Presented proposed designs for redevelopment. Presented the history of the property, whic h was built when front setback requirement was smaller. This lot has also received front and side setbac k varianc es. Plan is to demolish the secondary unit and redevelop the primary unit to matc h later. The change will result in less GRFA in the front setback. Stated that D RB was happy with the arc hitectural direction. Nothing proposed will come out any further than the front deck. Detailed what is being removed and added to the front setbac k. Gillette: I f this is a teardown and rebuild, why can’t it all be rebuilt in the meeting the setbac k? Mauriello: The steep slopes in the back yard push the property forward. The unit may be able to be pushed back, but the units will be inc onsistent with secondary unit being visibly pushed back in comparison to the primary unit. Mauriello: Detailed what is being added and removed from the east setbac k. Presented a number of slides showing the proposed c hanges to the building footprint and dec ks. To build further up the hill would require signific ant expense and exc avation. Applic ant argues that the number of surrounding homes (5+) that have had front setback variances due to the slopes shows that this would not be a spec ial privilege. Perez: Had a question regarding existing setbacks along the street where this lot is located. Planner Clark was able to provide this information in her memo. There is a letter of support from a neighboring property Public Comment: None Kjesbo: The goal should be to minimize the varianc e. However, on the east side of the property the enc roachment will be worse. Has an issue with the east side setback. Likes what is being proposed on the front. I s livable square footage moving further out front? Mauriello: No Gillette: I n support. S hould be c omparing this property to those that don’t have the steep slope hardship. This kind of proposal is what variances are for. Kurz: Split. Has conc erns about this becoming more non-conforming than it already is. Since one side will be more c onforming and one less, isn’t sure whether approval would be worth it to the town. Leaning toward voting in favor. May 21, 2019 - Page 135 of 246 Neubecker: I t is the commission’s job to interpret whether this applic ation fits the c ode criteria. W hether the town will look better with this proposal is less of a concern for the commissioners. Please foc us decision on the variance c riteria. Perez: Also somewhat torn. Has an issue with this not being necessary for the property. Looking at other properties c an be good, but is a bit of a red herring in this case. The conditions of past variance approvals were very clear that the setbac ks should not be pushed further. Feels this would be a special privilege. Stoc kmar: Has gone back and forth. The commission has tight constraints to work in. This is not a unique issue to the area sinc e surrounding lots have fac ed similar issues. Ultimately feels this is not unique bey ond the shared hardship that most properties have on that street. Mauriello: Compared to everything else in the same zoning distric t, these conditions are quite unique. Gillette: I f every property on the street got variances, why is this varianc e locally unique and a grant a spec ial privilege? Perez: Argues that y ou need to look at the property on its own. Also, variances should be granted as narrowly as possible. Stoc kmar: Still does not see all necessary criteria being met. Mauriello: Sees that all the other houses have been able to get this to work. Perez: This property c ould be made to have a smaller varianc e, however. Mauriello: All properties on this street c ould have built something without variances, but they were building properties appropriate to the neighborhood. Could still ask for and potentially get a variance even if this was a teardown and rebuild. Perez: Agrees that a varianc e could be given, but doesn’t feel this variance is truly nec essary. Stoc kmar: You have been able to pull back from the west, but enc roach on the east. Acknowledges that the slope is different on each side but expresses discomfort with this approach. I t is time to call the question. Perez moved to call the question, Kurz seconded. Applic ant: Requests a tabling and asks for direction from the c ommission. Kurtz: I t is not appropriate for the c ommission to give direc tion, but tabling is ok. Perez and Kurz remove their motion to call. Ludwig Kurz moved to table to May 13, 2019. Karen Perez sec onded the motion and it passed (5-0). Absent:(2)Hopkins, Lockman 3.3.A request for a recommendation to the Vail Town Counc il, pursuant to Section 12-3-7, Amendment, Vail Town Code, concerning an update to the Master Plan for the Public W orks D epartment site, Unplatted, Section: 9 Township: 5 Range: 80 P C L I N N1/2NE1/4-N1/2NW 1/4, loc ated at 1309 90 min. May 21, 2019 - Page 136 of 246 Elkhorn Dr. and setting forth details in regard thereto. (P E C19-0006) Applicant:Town of Vail Planner:Chris Neubecker Planner Neubecker introduced the projec t and introduced the Public W orks Director, Greg Hall, and arc hitect representatives, C hris J uergens and Mark Donaldson. Neubecker: The goal of this application is to update the old Master Plan. W ants to give a formal hearing for the P E C and to point out c hanges sinc e the last work session to the P E C. Also wants to take in suggestions and changes from the c ommunity and the P E C. Master Plan assesses future growth and needs for Public W orks. There was a review of existing conditions, natural and built environments on the site, zoning, hazards, as well as wildlife habitat. Town feels there is an opportunity to add more employ ee housing on the site. Also an opportunity to install solar panels to offset the Town’s energy use. There are also proposed improvement to transportation concerns, recommendations in the Plan on wildlife, and a phasing timeline. Neubecker: Presented the proposed analy sis and layout of the site on overhead slides. There is some wildlife habitat range on the east side of the property, so this will need to be considered throughout the process. Talked about the conditions and need related to transportation. He disc ussed the needs for administrative offic es. Site is oriented well for solar energy and the Town plan recommends that solar be c onsidered for Town buildings, so solar is being seriously considered for this site. Stoc kmar: I s there also battery storage for the solar being proposed? Greg Hall (Representing the Applicant): The buildings will have some battery storage, but still needs to be looked into and researc hed further Neubecker: Some c urrent buildings are quite old and should be replaced at some point regardless. There is a greater need for storage for other departments such as the polic e and events department. This area c ould potentially fill that need. Spoke to the need and proposal for additional employ ee housing on the site. I f housing is expanded beyond 24 additional units, which is antic ipated, an expansion of the underpass entry to the site beneath I -70 would be required. Gillette: W ould the entry expansion be able to handle the maximum proposed housing units? Hall: Yes Neubecker: Began to describe changes to the plan sinc e PEC last saw it introduced at a work session. Revised plan added some new wildlife information, including a rec ommendation on banning dogs from the site, and new wildlife studies planned for new proposed buildings. Gillette: Expressed conc ern over the public having an issue with development in wildlife habitat. Hall: This is just the master plan; all new buildings will need to go through the board review process as well. Expects more pushback may happen then. All information is public ly available currently as well. Stoc kmar: W hile the public may not be as invested at this stage, Stoc kmar stressed that the P E C should look into this and be kept aware of public conc erns through all stages. May 21, 2019 - Page 137 of 246 Neubecker: Revised plan adds information on traffic capacity as a result of additional units. Also, plan rec ommends a bus stop on the site for the added housing. The other plan change was just an estimation of time for each phase. A cross-section of the site was also added to the plan. Neubecker: W hat questions does the board still have that staff and the plan have not yet answered? W hat does the P E C rec ommend being want added to the plan? W hat additional information does the P E C still need to make a rec ommendation to Town C ounc il? Kjesbo: Many citizens don’t realize what is back there. I f the need for housing continues to grow on the site, will that remove the ability for Public W orks to add to its own fac ilities on site, due to site constraints? I s extensive housing appropriate for this site? Gillette: I n the master plan, Kjesbo’s conc ern should be addressed. Stoc kmar: Also stressed the fact that Public Works will continue to grow, so growth needs to be carefully c onsidered. Recognizes the need for housing, but expressed conc ern over the quantity of housing needs to be on this site specifically. Kurz: Also concurring, wonders if the housing should only be available to Public W orks employees, or at least prioritized to them. Also conc erned with the safety of the underpass even if expanded, especially when considering adding new living units to the site. Kurz: W hat other c onsultants have you used? Hall: Architects, a variety of engineers (traffic, civil, elec trical, mec hanic al, traffic , etc …), a wildlife biologist, also hired a solar c onsultant. The additional housing proposed is meant for Town of Vail employ ees, the demand exists. Employees can only live in the same Town housing for 2 years as well, then they need to move out. Stoc kmar: Could the housing be designed to be easily added too? Hall: Housing should be scalable in this plan. There is some flexibility built into this plan. Gillette: Make sure the solar c onsultant is also asked to look at a variety of potential build out scenarios, and pay back time. Perez: W hile on the site visit, Perez asked how many employees worked on the site. W as told it is over 100. W hat is the rule for the Housing Authority as it relates to the site? Hall: Housing is all rental, not for sale. Perez: W here would the funds for the housing come from? Hall: Normally, the Town of Vail pays for it. Perez: Asks that the Town looks to the housing authority to find every opportunity to reduce c ost. Asking since this is Town owned, not owned by a third party. Neubecker: Since this is intended to be Town of Vail employee housing, it would still need a c ovenant/ deed restriction. Perez: There are ways to prioritize Town of Vail renters without violating any Fair Housing laws. Gillette: (Summarizing) There are 3 conc erns. Housing funding options May 21, 2019 - Page 138 of 246 raised by Perez, Public W orks and housing needs tradeoff raised by Kjesbo, and having c onsultants look at a variety of build out options suggested by Gillette. Ludwig Kurz moved to rec ommend approval with a c ondition that the three issues summarized by Commissioner Gillette be addressed in the plan. Rollie Kjesbo seconded the motion and it passed (5-0). Absent:(2)Hopkins, Lockman 3.4.A request for a recommendation to the Vail Town Counc il, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, D efinitions, Vail Town C ode, to add a definition for sloped roof, amend the definition for flat roof, and add a definition for parapet, and to amend Section 14-10-4, Arc hitectural Projections, Decks, Balc onies, Steps, Bay W indows, Etc ., Vail Town C ode, to add regulations for parapet heights, and setting forth details in regard thereto. (P E C19-0011) 15 min. Applicant:Town of Vail Planner:Ashley Clark Ashley Clark introduced the proposal. Staff seeks to update the zoning code to c larify definitions of sloped roof and flat roof. Current c ode also does not define parapets. Staff presented to D RB at 3 meetings, and the D RB has provided a recommendation on the proposed language. Staff provided notice to loc al architec ts on the proposed text amendments. Clark reviewed the existing code and proposed text, and also provided some background on legislative history. Existing code allows 33’ height for sloped roofs, and 30’ for flat roofs in most low-density residential zone distric ts. Parapets are c urrently measured to the same height as roofs, and not allowed any additional height. Code exemptions on Architec tural Projec tions does not work for parapets. A recent development with a flat roof brought these c ode conc erns to staff’s attention. Proposed language is that a sloped roof is a rise of greater than 2” rise over 12” run. Proposed text amendment would allow a 30” parapet in addition to the height limit of 30’. Stoc kmar – That means that a perc eived height of 33’ height with a parapet, even though 30’ is what code allows. Clark – An applicant had a proposal for a low sloping roof with 33’ height. There was no clear standard in the c ode, and so staff referred to the Building Code for direc tion. Staff rec ommends improving the code with more precise descriptions of flat and sloping roofs. Other communities staff researched have definitions in their codes. Perez – How does a Mansard roof fall into these definitions? Clark showed examples of a Mansard roof. Public Comment Pavan Kruger, Arc hitect – A flat roof with 30” parapet, would that be allowed? Could a small guardrail be added on top of the parapet to meet building c ode? Clark indicated that the guardrail would need to be reviewed by the D RB May 21, 2019 - Page 139 of 246 Gillette – Every board will review or interpret codes differently, so if we need c larification it should be added to c ode. Mike Suman, Architec t – I attended the D RB for the discussion. The flat roof membrane was measured to 30’, and a guardrail would not be allowed more than 30” above the membrane. Gillette – Add language that guardrails shall be measured the same as a parapet. Mike Suman – There was discussion that 2:12 and greater would be better to meet definition of flat roof, rather than greater than 2:12. I support proposed language. Ludwig Kurz moved to rec ommend approval with additional language that guardrails shall be inc luded in the allotted height for a parapet. Rollie Kjesbo sec onded the motion and it passed (5-0). Absent:(2)Hopkins, Lockman 3.5.A request for a recommendation to the Vail Town Counc il, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 14-10-6: Residential Development, Vail Town Code, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes, and setting forth details in regard thereto. (P E C 19- 0012) 45 min. Applicant:Town of Vail Planner:Erik Gates Erik Gates introduced the proposal on Separated D uplexes. The separation of dwelling units is allowed under the current c ode, subjec t to review and approval by the D RB, with special conditions on the property. There are several existing properties in town that have separated duplexes with different architec ture, which is not c urrently allowed by the c ode. This results in property owners facing very expensive upgrades when minor work is proposed, in order to meet the current code. S taff rec ommends amending the code to allow different arc hitecture only for existing separated duplex, and staff will maintain a list of qualify ing properties. Gates disc ussed some of the separated duplex properties that exist in Town. He reviewed some properties where architec ture is very similar, but do not fully meet the current c ode. He also showed examples of separated duplexes with extremely different architec ture between units. Stoc kmar – I s it right that there are about 40 separated duplexes in town, but only 15 have different arc hitecture? Gates – That is correct. Stoc kmar – W e are trying to solve an existing problem with more than a band-aid. Gillette – W hat is the hardship that these properties have? Gates – These properties would not meet the criteria for a varianc e. These problems are not related to the land. Mike Suman – I am working on two of these properties. They have May 21, 2019 - Page 140 of 246 arc hitecture from c ompletely different decades. One was built in the 1960s and the other was built in the 1990s. The Venturi house is another good example; y ou are not going to tear down one to make it look like the other. Staff is in a tough spot, and they and D RB need some direc tion. Right now D RB can’t approve projects with different designs. Gillette – Still not sure why we are not adding the list of properties in the code. Mike Suman – D RB should be the ones that determine the list. They are the ones to determine separated duplexes, and should be the ones that review design. Gillette – Before this comes bac k to us, the D RB should determine the list of properties, then present the list to the P E C. The A dministrator should identify the property, then the list approved by the D RB. Stoc kmar – Sounds like it would be possible for the list to be maintained by staff, and available for inspec tion by the general public . W ill y ou have that list by the time this is presented to Town Council? Mike Suman – I would love for the P E C to give direc tion to keep this process moving forward, and allow staff to develop list before review by Town Council. Gillette – For me to support this, I rec ommend photographing all the separated duplexes, and c reating y our list of qualifying properties. Present the list to D RB for their approval. Kjesbo – I am familiar with 167/197 Rockledge which will be torn down. W hen they are torn down, is the new home allowed to have completely different designs, even when rebuilt? I f so, we are perpetuating this issue, and essentially creating single family lots. Gillette – There will be no need to meet required setbacks between units. They could be built very close, almost c onnected. Stoc kmar – There is a small number of properties that this will apply to. Mike Suman – W e will still need to get J oint Property Owner approval, and there are already a number of protec tions in the c ode. There are a small number of properties that c an take advantage of this proposed language. Perez – I t would be nic e to have the issues addressed that were previously rec ommended. I could live with staff going to D RB with the list, before going to Council. Kurz – Comfortable that staff does not need to come back to PEC. Brian Gillette moved to rec ommend approval with the added requirement that Staff present the inventory of qualifying properties to the Design Review Board, whic h shall approve the inventory for approval prior to first reading by Town Council. Rollie Kjesbo sec onded the motion and it passed (5-0). Absent:(2)Hopkins, Lockman 4.A pproval of Minutes May 21, 2019 - Page 141 of 246 4.1.April 8, 2019 P E C Results Brian Gillette moved to approve. Rollie Kjesbo seconded the motion and it passed (5-0). Absent:(2)Hopkins, Lockman 5.A djournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (5-0). Absent:(2)Hopkins, Lockman The applic ations and information about the propos als are available for public inspection during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the projec t orientation and the site visits that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subjec t to c hange, and cannot be relied upon to determine at what time the Planning and Environmental Commission w ill cons ider an item. Please call (970) 479-2138 for additional information. Please c all 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department May 21, 2019 - Page 142 of 246 Separated Duplexes Qualifying under 14-10-6D [NOT YET DRB APPROVED AT TIME OF SUBMITTAL] 226 and 224 Forest Road 330 and 338 Rockledge Road 95 Forest Road and 54 Beaver Dam Road 454 Beaver Dam Road East and West 10 and 16 Forest Road 167 and 197 Rockledge Road 217 and 227 Rockledge Road 1706 and 1708 Geneva Drive 1987 Circle Drive East and West 5045 Main Gore Drive S. North and South May 21, 2019 - Page 143 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Permission to Proceed Through the Development Review P rocess for use of Town of Vail owned property to construct a driveway and retaining walls, located at 4018 W illow Way. P RE S E NT E R(S ): Chris Neubecker, P lanning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: T he Town Council is asked to review a request to submit development review applications (Design Review B oard and Planning and Environmental Commission) for use Town of Vail property for the construction of a driveway and retaining walls in order to access a 45-acre parcel of land which has no frontage on a public right-of-way. B AC K G RO UND: The proposed driveway would facilitate access to, and development on, the 45-acre parcel of undeveloped land, which does not have frontage on a public right-of-way. I f this applicant is unable to obtain access through Town property, they will need to seek access from a private property, or through other existing access easements. S TAF F RE C O M M E ND AT IO N: T he Community Development Department recommends that the Vail Town Council deny use of Town property. AT TAC H ME N TS: Description Staff Memo - Permission to Proceed - 4018 W illow Way Attachment A - Vicinity Map Attachment B - Zoning Map Attachment C - Letter from Steven Finn Attachment D - Site Photos Attachment E - Resolution No. 9, Series of 1980 Attachment F - Applicant Narrative May 21, 2019 - Page 144 of 246 TO: Vail Town Council FROM: Community Development Department DATE: May 21, 2019 SUBJECT: 4018 Willow Way - Permission to Proceed Use of Town Owned Property I. DESCRIPTION OF REQUEST SMF East Vail LLC (Applicant), represented by Steven Finn, is requesting permission to proceed through the Town’s development review process to construct a driveway and associated retaining walls , as well as utilities and drainage improvements, within a proposed easement on Town of Vail property at 4018 Willow Way (Bighorn Subdivision, Lot 10) in order to access and develop a 45-acre parcel with no street frontage. The Applicant must obtain approval from the Vail Town Council as the property owner of 4018 Willow Way before proceeding through the Town’s development review process for any improvements on Town owned property. The Vail Town Council is not being asked to approve the design of the driveway or retaining walls, or to grant an easement at this time, but rather to authorize the applicant to proceed through the development review process for use Town owned property. If approved by the Town Council, the Council will still have an opportunity to call-up the development application for further review. The Town Council, as property owner, will also need to grant an easement in the future before construction begins, and could withhold approval of the easement. II. BACKGROUND Lot 10, Bighorn Subdivision – Lot 10 is approximately 0.6 acres. It is undeveloped within an otherwise developed subdivision, and is zoned Two Family Primary/Secondary (PS). The lot was platted on December 3, 1962, and was annexed into the Town in 1974 via Ordinance 20, Series of 1974. There is an existing 10’ wide Utility Easement at the end of Willow Way, with 5’ on Lot 10 and 5’ on Lot 11. 45-acre Parcel - The 45-acre parcel is unplatted. The parcel was annexed into the Town in 1974 via Ordinance 20, Series of 197 4. The undeveloped parcel is zoned Agricultural and Open Space (A). May 21, 2019 - Page 145 of 246 2 On April 1, 1980, the Vail Town Council approved Resolution No. 9, Series of 1980, authorizing the purchase of Lot 10, Bighorn Subdivision, which was determined to be necessary for the Town’s Open Space program. On March 1, 1994, the Vail Town Council approved Resolution No. 6, Series of 1994, adopting the 1994 Comprehensive Open Lands Plan. The 45 -acre parcel was identified at Parcel #44 in the 1994 Plan, as a high priority for protection. The goals for this parcel were for the Town of Vail to acquire a trail easement and development rights. On October 16, 2018, the Vail Town Council a dopted the 2018 Open Lands Plan . One of the purposes of the Open Lands Plan was to protect environmentally sensitive lands. The 45-acre parcel was identified in the Plan as Action Item #21, with the purpose of protecting environmentally sensitive land from development. The Plan recommends that the Town acquire the parcel or work with the owner on conservation easements or other measures to eliminate development potential. III. SITE CHARACTERISTICS Steep Slopes Lot 10, Bighorn Subdivision contains slopes of at least 30%, with a majority of the lot on slope of 40% or greater. About half of the 45 -acre parcel is on slopes over 40% slope. The map below shows slopes over 30% slope in pink, and slopes over 40% slope in red. May 21, 2019 - Page 146 of 246 3 Avalanche Hazard All of Lot 10 and the 45 -acre parcel are within Avalanche Hazards areas. The most severe avalanche hazard is a narrow band on the 45 -acre parcel, which includes High Hazard (Red) Avalanche hazard. Development is proh ibited within the High Hazard (Red) Avalanche zone. Development may be possible, with proper engineering and construction, within Moderate Hazard and Possible Influence zones. The map below shows the portions of each site within various Avalanche Hazard zones. Red areas are high avalanche haza rds, blue are moderate hazards, and lavender is a possible influence zone. May 21, 2019 - Page 147 of 246 4 Rockfall Hazard The entirety of Lot 10 and the 45-acre parcel are located within High Severity Rockfall zone. Construction within the Rockfall zone is allowed with proper engineering and construction. The map below shows the areas in lavender to be High Severity Rockfall. May 21, 2019 - Page 148 of 246 5 Floodplain There is a small portion of the 45-acre parcel within the floodplain of Gore Creek. The map below shows the areas in blue within the 100 year floodplain. IV. DISCUSSION ITEMS Lot 10 was specifically purchased by the Town of Vail in 1980 to advance its open space program. Allowing the construction of a driveway and retaining walls through this lot is contrary to its purpose. The 45-acre parcel is currently zoned Agricultural and Open Space (A); it is listed in the Vail Land Use Plan map as Open Space, and is in the 2018 Open Lands Plan for either acquisition by the Town, or working with the land owner to protect the land through a conservation easement. These elements of the Town’s Comprehensive Pl an all indicate a desire by the community, as well as current and past Town Councils, to protect this land from development due to environmental considerations, including wildlife. Supporting development on land intended to be open space or very low density development would be contrary to these elements of the Comprehensive Plan. May 21, 2019 - Page 149 of 246 6 V. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property (Lot 10, Bighorn Subdivision – 4018 Willow Way) for the purposes of constructing a driveway and retaining walls within a new access easement to provide vehicle access to a future development on the adjacent 45-acre parcel. This use of Town property would be subject to the terms of an access easement in a form acceptable to the Town Attorney. The Community Development Department recommends that the Vail Town Council deny use of Town property for the following reasons:  The Town property at 4018 Willow Way was purchased to advance the Town’s open space program.  The 45-acre parcel is identified in the 2018 Open Lands Plan for either acquisition by the Town of Vail or working with the property owner on a conservation easeme nt to eliminate development potential.  The 45-acre parcel is currently zoned Agricultural and Open Space (A); development of the site is currently limited to one (1) single family residential dwelling up to 2,000 square feet of GRFA.  The 45-acre parcel is identified on the Land Use Plan map as open space, which reflects the community’s desire for this land. VI. ATT ACHMENTS A. Vicinity Map B. Zoning Map of Development Parcels C. Letter from Steven Finn D. Site Photos E. Resolution No. 9, Series of 1980 F. Applicant Narrative May 21, 2019 - Page 150 of 246 Vicinity Map - 4018 Willow Way & 45-Acre Vacant Parcel USDA FSA, GeoEye, CNES/Airbus DS, Eagle County Tax Assessor Department Town Boundary Development Lots Parcels 05/15/2019 10:40:15 AM 0 0.15 0.30.07 mi 0 0.25 0.50.13 km 1:9,028 Web AppBuilder for ArcGIS USDA FSA | Vail GIS, Eagle County GIS, ERWSD | Vail GIS, Eagle County GIS | Eagle County Tax Assessor Department | Arthur Mears | Schmueser & Associates - Nicholas Lampiris | Arthur Mears (Colorado CGS/DNR) | Federal Emergency Management Agency | Vail GIS |May 21, 2019 - Page 151 of 246 4018 Willow Way - Proposed Access Easement USDA FSA, GeoEye, Eagle County Tax Assessor Department Address Number Search: _Query result Town Boundary Development Lots Parcels Zoning Hillside Residential (H) Single-Family Residential (SFR) Two-Family Residential (R) Two-Family Primary/Secondary Residential (PS) Residential Cluster (RC) Low Density Multiple-Family (LDMF) Medium Density Multiple-Family (MDMF) High Density Multiple-Family (HDMF) Vail Village Townhouse (VVT) Housing (H) Public Accommodation (PA) Public Accommodation-2 (PA-2) Commercial Core 1 (CC1) Commercial Core 2 (CC2) Commercial Core 3 (CC3) Lionshead Mixed Use 1 (LMU-1) Lionshead Mixed Use 2 (LMU-2) Commercial Service Center (CSC) Arterial Business (ABD) Heavy Services (HS) Outdoor Recreation (OR) Agricultural and Open Space (A) Natural Area Preservation (NAP) Ski Base/Recreation (SBR) Ski Base/Recreation 2 (SBR-2) 04/25/2019 11:05:38 AM 0 475 950237.5 ft 0 140 28070m 1:4,514 Web AppBuilder for ArcGIS USDA FSA | Vail GIS, Eagle County GIS, ERWSD | Vail GIS, Eagle County GIS | Eagle County Tax Assessor Department | Arthur Mears | Schmueser & Associates - Nicholas Lampiris | Arthur Mears (Colorado CGS/DNR) | Federal Emergency Management Agency | Vail GIS |May 21, 2019 - Page 152 of 246 May 21, 2019 - Page 153 of 246 May 21, 2019 - Page 154 of 246 May 21, 2019 - Page 155 of 246 May 21, 2019 - Page 156 of 246 May 21, 2019 - Page 157 of 246 RESOLUPION No. 9 Series of 1980? A RESOLUTION OF THE ~tvwi~T COi3NCIL AUTHORIZING THE ACQUISITIC,N OF LflT i0, BIGHORN, 'IGWN OF VAIL, COLORADO FROM ufft. AND MR.S. IIE[VRY L. BREY; APPRC}V1NG THE ~~~t~NIS OF ACQUISITI~T: AUTHORIZING THE ~~ MANAGER. TO F~X.'tJ`I'E ANY AGREIIVIIIVIE~ITT Ivrx.;~SSARY TO SEICURE SS(y~ID ACRUISITION IN- CLUDING CONTRACTS FOR SALE, CLOSING STATr3UIIIVTS, ~ivwi~ CHPICKS, OR OTf-IER AGR~'S Nr~:~SSARY, TI~urcE; AUTHORIZING AND DIFtI7C.~ING THE TOWN CLERK TO ATT'EST' TO SAID EXE~G"[JTIC~T AND TO AFFIX THE SEAL TO ALL Nk7CESSARY DOCtJNiELVTS REIQUIRTNG THE SAME, . V~~AS, the Town of Vail has negotiated with Mr. and Mrs. Henry L. Brey for the acquisition of Lot 10, Bighorn; and, 5, it is the opinion of the Town Council that said acquisition is necessary for the Town's Open Space Program; and, WfTEfiEAS, the Town Council is of the opinion that the acquisition should be approved; NOW, `~rt~ttrt7RE, BE IT RESOLVED BY THE ~lu~x~1 COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.~ The Town Council hereby approves the terms of acquisition of Lot 10, Bighorn, Town of Vail, Colorado, from Mr. and Henry L. Brey for a purchase price of $111,13 payable by the Trnvn paying $20,000 earnest money at the time of the signing of the contract for sale and the remaining purchase price being paid upon closing and the receipt of a general warranty deed Erin the sellers. Section 2. The Town Manager is hereby authorized to direct and to execute any and all agreements and documents necessary for this transaction including contracts of sale, closing documents, and Town checks. Section 3. The Town Clerk is hereby authorized and directed to attest to the signature of the Town Manager and to affix the seal of the Tcnm to any and a].~. documents requiring the samo. INT'RODC~c:r~u, READ, APPROVED, AND ADuYl•~u THIS ~,~"day of 1980. ~, T Mayo ~ `/ Al-x.~ST: Town Clerk a May 21, 2019 - Page 158 of 246 1. The Property: parcel 2101-123-00-006 Commonly Known as the Buetel parcel East Vail. 2. The Property is 45.26 acres. 3. The Property has three property lines of its boundary adjacent to current zoning of Two-family Residential. There are approx. 26 adjoining-built residences whose 2FR (R) lots average .526 acres or 22,900 sf each. 4. The property is adjacent to two Town owned properties. 5. History: Cara Buetel has owned the property since 1979 and is currently under contract to sell to SMF East Vail LLC (SMF) whose principal is Mr. Steven M. Finn 6. The Property is currently zoned (A) Agriculture and Open Space (AOS) Purpose: The AOS district is intended to preserve agricultural, undeveloped, or open space lands from “intense development while permitting…. low density Residential” …. Provided that the land of these uses remain predominantly open. Standards are to preclude intense development and to maintain the open space characteristics of the zone district” Permitted uses include: Employee Housing Units, Single Family Residential Dwellings, Golf Courses, plant and tree nurseries and raising of field, row and crop trees, Public parks, passive and active recreation area, open spaces. May 21, 2019 - Page 159 of 246 Accessory uses: accessory buildings incidental to permitted agricultural issues; barns, silos, sheds, pens and similar uses. Private greenhouses, toolsheds, playhouses, garages, carports, swimming pools, patios, recreational facilities incidental to single family use, retail of plants, trees, or other farm or agricultural products grown or produced on the premises and other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. Density: one dwelling unit that shall not exceed (2,000) square feet of gross residential area (GRFA). 7. The property is Not Designated Open Space. The Property is NOT: Designated Open Space as it does not qualify as: a. Town Owned Land b. Dedicated by Ordinance as “Designated Open Space” c. Received a recommendation from the Open Space Board of trustees and one member of the Town Council and one member of the PEC d. Must be a zoned parcel of NAP or OR or AOR and the parcel must be either: i. Environmentally Sensitive ii. High Hazard iii. TOV park 8. The Property is noted as Open Space on the Current Land Use Plan (LUP) and appears in the 2018 Open Lands Plan (OLP) an update from the 1994 OLP: Plan Highlights: The OLP was asked to study “privately-owned lands (that could further the goals of this Plan)” This parcel was included in this Study. The Plan focus was to provide: Recommendations of land and easement acquisitions, for protection of environmentally sensitive areas, development of recreational trails, follow up studies for the implementation of the goals in the plan. Goals of the OLP: In lieu of outright acquisition, the protection of lands could be achieved by the Town working with land owners to protect the land from development, this could be accomplished by placing a conservation easement on the land that would restrict or limit its development. In certain cases, the conservation easement could involve compensation to the land owner for development rights that would be relinquished by the conservation easement. Another alternative could be to work with the land owner to rezone the property to define no build areas that would prevent development of environmentally sensitive portions of a parcel. May 21, 2019 - Page 160 of 246 Action Plan of the OLP: Acquisition of lands or easements to further the Towns goals. Strategies for Action involve the outright purchase of land, working with the land owners to re-zone property or to establish conservation easements to limit the development of the land. OLP Implementation steps: 1. Staff to work with the Town Council 2. Staff to initiate dialog with the land owner to gauge interest in working with the Town on acquisition of their property or on other steps to protect the land. 3. Conservations easements limit the development and protect privately-owned lands from development in a way that can be beneficial to the land owner and to the Town. While in many regards the Plan provides fairly explicit direction, the Plan is a master plan document and as such the Plan is general in nature. It is noted throughout the Plan, much additional work, analysis, and community involvement will be necessary prior to making future decisions. 9. The property has area noted by the Town as slope in excess of 40% A detailed survey should be performed, however approximately 6 (six) acres of this property is already shown outside the existing Town slope study and is buildable today. May 21, 2019 - Page 161 of 246 10. The property has area noted by the Town as GSA Hazard: Avalanche An updated review of the avalanche hazard area should be performed as recommended by the report itself. The 1977 Art Mears Avalanche Report does NOT highlight the subject property as a High Avalanche risk. Notes from report 1977: There is no added danger to existing structures but recommends no structures be build in High Hazard areas as noted by this and previous studies. May 21, 2019 - Page 162 of 246 11. The property has area noted by the Town as GSA Hazard: Rock Fall. The property appears to be in the Rock Fall zone; however, the report adds numerous exceptions and a detailed report should be created. Notes from Rock Fall report 1984: The results of this study including maps and technical material provided in this text, do not preclude detailed and site-specific study which may be required for any design of any mitigating structure, either at the source or in the runout zone; in fact, site specific studies are strongly recommended. Additional studies of rockfall phenomena in and around Vail may affirm, negate, or require substantial revision to the findings of this study which include, but are not limited to, the positions of hazard lines on the maps and their grade of severity. It is obvious from the map that accompanies this report that a significant portion of the Town of Vail is subject to moderate to high severity rockfalls. May 21, 2019 - Page 163 of 246 12. The Property may include Environmentally Sensitive lands. An updated and site-specific report of wetland, setbacks and other environmental items should be conducted. 13. The Property is “Open Lands” and is privately owned. Simply, an open undeveloped, unimproved parcel. 14. The property has no access: this statement is incorrect. The abutting land known as The Bighorn Subdivision, platted originally in December of 1962 created a Public Access Easement adjacent to Lot 15 (known as the East Vail fire station) and lot 16 to its east. The easement has no access restrictions and runs from Columbine drive to the approximate center of Buffehr Creek and the subject property line. This easement allows utility access along with others that exist at Willow Way Lot 10 (a Town of Vail owned lot), between Lot 18 and 20-6 on Columbine, between lots 7 and 8 on Nugget Lane. Ample easements exist today to connect the property to the utilities offered in the Town of Vail. May 21, 2019 - Page 164 of 246 Request from the Town Council: OPTIONS: 1. To allow the PEC to review access opportunities including a potential “best solution” easement across the Town owned Lot 10 on Willow Way for implementation of current allowed (A)-AOR zoning and uses. May 21, 2019 - Page 165 of 246 2. To allow the PEC to review access opportunities including a potential “best solution” easement across the Town owned Lot 10 on Willow Way for the use of the Buetel parcel Owners in an attempt to work together with the Town Staff and constituents and to proceed to the Planning and Environmental Commission as an application for a Subdivision Plan and an application to Town Council for a “Partial” Zoning Change, in such this allowance/understanding would include that the Buetel Owner(s) would be required: a. to update all required/existing hazard and environmental reports specific to this property and to work with the Town Staff to confirm no development will occur within the clarified High Hazard area. b. to transfer property rights/uses etc. through dedication or a conservation easement, the super majority of the land to the management of The Eagle Valley Land Trust (or similar) and/or the Town of Vail as to be mutually determined by the Owner and Town and to be used to progress the current Land Use Plan and trails plan goals. c. to require that the super majority of dedicated land is confirmed to meet the goals of the (A) AOS zoning: i. Preserve undeveloped or open space lands from intense development ii. Maintain the open space characteristics of the zone district d. to require that any approved outside the High Hazard density/zoning is in conformance to surrounding existing zoning of (R) and meets the development standards of the (R) district without exception. e. to require that a minimum of 50% of any residential (R) zoning will require the construction of a conforming Type II EHU. This goal of the applicant is Option 2 above. This approval will allow the Town through a no land acquisition cost or other financial compensation to meet the goals of the OLP as outright acquisition and easement and to allow the Town to proceed as desired with the determination of uses/functions etc. of the super majority parcel such as: Open Space, Dedicated Open Space, passive park, trails or other Town determined uses and functions as outlined and suggested through the implementation of the OLP Plan. May 21, 2019 - Page 166 of 246 Preliminary Planning Concepts: Concept 1: 8 Homesite Concept For Comparable zoning analysis only to illustrate a conforming .562 acre average 8 (eight) - (R) zoning lots at an average of .562-acres. This is the highest use per the adjacent and comparable zoning. This is the area outside the anticipated 40% slope zone and would require updates to the High Hazard report analysis. This is not a preferred plan. May 21, 2019 - Page 167 of 246 Concept 2: 6 Homesite Concept A conforming .562-acre average 6 (six) - (R) zoning lot configuration. Access from multiple possible locations including Lot 16 as existing, Lot 10 (Town owned parcel) and a possible Nugget Lane access point through acquisition. This concept allows for a sizeable park area in the buildable area of the property and direct Buffehr Creek access in the advancement of the OLP. This is a possible plan. May 21, 2019 - Page 168 of 246 Concept 3: 4 Homesite Concept with an A and B layout A conforming .562-acre average 4 (four) - (R) zoning lot configuration. Access from multiple possible locations including Lot 16 as existing, Lot 10 (Town owned parcel) and a possible Nugget Lane access point through acquisition. This concept allows for a large park area in the buildable area of the property and direct Buffehr Creek access in the advancement of the OLP. These are the preferred plan concepts. Concept 3-A May 21, 2019 - Page 169 of 246 Concept 3-B May 21, 2019 - Page 170 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 8, S eries of 2019, Second Reading, Ordinance adopting P rescribed Regulations A mendment - Roof P itches P RE S E NT E R(S ): Ashley Clark, P lanner I I AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading. B AC K G RO UND: The Community Development Department is proposing to update the Vail Town Code to add definitions related to roof pitches and respective maximum allowed heights and to add language to regulate parapets. The legislative history for height allowances in Vail from the original adoption of the Zoning Regulations and Design Regulations to today shows that Vail has adjusted its codes to accommodate design trends and technology. Today, roof construction practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many different roof pitches, with some being more flat or sloping relative to others. T his text amendment seeks to update the existing code to provide a clear standard for fair and consistent review of projects in Vail. S TAF F RE C O M M E ND AT IO N: T he Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading. AT TAC H ME N TS: Description Staff memo Second Reading Ordinance 8 Attachment D Public Comment Letters Submitted May 21, 2019 - Page 171 of 246 TO: Vail Town Council FROM: Community Development Department DATE: May 21, 2019 SUBJECT: Second reading of Ordinance No. 8, Series of 2019, an ordinance to update Section 12-2-2, Definitions of Words and Terms and Section 14-10-4, Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail Town Code pursuant to Section 12-3-7, Amendment, to amend the definition of flat roof, add a definition for sloping roof and parapet, and to create regulations for parapet height. Applicant: Town of Vail Planner: Ashley Clark I. SUMMARY The Community Development Department is proposing to update the Vail Town Code to add definitions related to roof pitches and respective maximum allowed heights and to add language to regulate parapets. On April 22, 2019 the Planning and Environmental Commission (PEC) forwarded a recommendation of approval to the Vail Town Council, of the proposed text amendment, subject to the findings noted in Section VIII of the staff memorandum to the PEC. (Attachment B). II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading. III. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Vail Town Council consider the proposed amendments to Sections 12-2-2 and 14-10-4, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the addition of new definitions for sloping roof and parapet, to update the existing definition of flat roof and add regulations for parapet height. May 21, 2019 - Page 172 of 246 Town of Vail Page 2 Following are the proposed text amendments: (New language is shown in bold italics. Text removed is shown in strikethrough.) 12-2-2: Definitions of Words and Terms ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the ground. A roof or portion of roof that has a sloping plane less than a rise of two inches (2”) over a distance of twelve inches (12”). ROOF, SLOPING: A roof or portion of roof with a pitch greater than or equal to a rise of two inches (2”) over a distance of twelve inches (12”). PARAPET: The extension of the main walls of a building above the roof level. 14-10-4, Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc. G. A parapet or guardrail, transparent or otherwise, may exceed the allowable building height by no more than thirty inches (30”), subject to a finding of the Design Review Board that the proposal meets the criteria enumerated in Section 12-11-1. IV. BACKGROUND The Town’s zoning code began to regulate height in1973 through Ordinance 8. This ordinance set standards for maximum allowed heights in some districts and required roofs to have a pitch of at least 4 feet in 12 feet. It also created a schedule of exceptions to height limit based on increased vertical rise per 12 feet horizontal (see image below). Ordinance 8 Series of 1973, Schedule of Exceptions to Height Limit May 21, 2019 - Page 173 of 246 Town of Vail Page 3 In 1980, the exception to maximum height was removed and maximum height limits were set for all zoning districts. The distinction between flat and sloping roofs was created. By 1987, the requirement to have a pitch of 4 feet in 12 feet was removed. The 1991 Design Guidelines state that while a majority of roof forms have a pitch of at least 4 feet in 12 feet, other roof forms are allowed. The current residential regulations for height are as follows: Zoning District Flat Roof Sloping Roof Hillside Residential 30’ 33’ Single-Family 30’ 33’ Two-Family 30’ 33’ Two-Family Primary/Secondary 30’ 33’ Residential Cluster 30’ 33’ Low Density Multiple-Family 35’ 38’ Medium Density Multiple-Family 35’ 38’ High Density Multiple-Family 45’ 48’ Housing Set by PEC Set by PEC Vail Village Townhouse 35’ 38’ V. CRITERIA FOR REVIEW Per Section 12-3-7, Amendment, Vail Town Code, before acting on a prescribed regulations amendment, the PEC and Town Council shall consider the following factors with respect to this proposal: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to advance these purposes by providing clear standards in the zoning code of what constitutes a flat versus sloping roof and to create regulations for parapets. The amendment will provide clear direction for development on calculating the maximum allowed height and what standards apply to parapets. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and May 21, 2019 - Page 174 of 246 Town of Vail Page 4 The proposed text amendment will provide staff, as well as anyone who references the code, clear standards for planning and development review that can be applied consistently. The dimensional criteria for height contained in the zoning code should be defined like any other dimensional standard, such as setbacks, gross residential floor area and site coverage. The codification of these standards will help better implement and better achieve the adopted goals, objectives and policies in Vail. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The legislative history for height allowances in Vail from the original adoption of the Zoning Regulations and Design Regulations to today shows that Vail has adjusted its codes to accommodate design trends and technology. Today, roof construction practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many different roof pitches, with some being more flat or sloping relative to others. This text amendment seeks to update the existing code to provide a clear standard for fair and consistent review of projects in Vail. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and By increasing transparency in the zoning code, the proposed text amendment would promote a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The text amendment does not conflict with other existing land use documents or municipal development objectives. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should Town Council determine other factors or criteria applicable to the proposed text amendments. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2019, upon second reading, the Planning and Environmental Commission recommends the Council pass the f ollowing motion: “The Vail Town Council approves, on second reading, Ordinance No. 8, Series of 2019, an ordinance to update Section 12-2-2, Definitions of Words and Terms and Section 14-10-4, Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail Town Code pursuant to Section 12-3-7, Amendment, to May 21, 2019 - Page 175 of 246 Town of Vail Page 5 amend the definition of flat roof, add a definition for sloping roof and parapet, and to create regulations for parapet height and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 8 Series of 2019, the Planning and Environmental Commission recommends the Council make the following findings: “Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated April 22, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATTACHMENTS A. Ordinance No. 8, Series of 2019 B. Staff Memo to PEC, April 22, 2019 C. Public comment letters May 21, 2019 - Page 176 of 246 ORDINANCE NO. 8 Series of 2019 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING THE DEFINITION OF FLAT ROOF, ADDING DEFINITIONS FOR SLOPING ROOF AND PARAPET, CREATING REGULATIONS FOR PARAPET HEIGHT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on April 22, 2019 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendments at its April 22, 2019 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code, is hereby amended to read as follows: PARAPET: The extension of the main walls of a building above the roof level. ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the ground. A roof or portion of roof that has a sloping plane less than a rise of two inches (2”) over a distance of twelve inches (12”). ROOF, SLOPING: A roof or portion of roof with a pitch greater than or equal to a rise of two inches (2”) over a distance of twelve inches (12”). May 21, 2019 - Page 177 of 246 Section 2. Section 14-10-4, Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail Town Code, is hereby amended by the addition of Sub-Section(G) to read as follows: G. A Parapet or guardrail, transparent or otherwise, may exceed the allowable building height by no more than 30”, subject to a finding of the Design Review Board that the proposal meets the criteria enumerated in 12-11-1. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of May, 2019, and a public hearing for second reading of this Ordinance set for the 21st day of May, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of May, 2019. May 21, 2019 - Page 178 of 246 _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk May 21, 2019 - Page 179 of 246 1 Ashley Clark From:Hans Berglund <hans@berglundarchitects.com> Sent:Sunday, March 31, 2019 5:17 PM To:Ashley Clark Subject:Re: Discussion of draft ordinance for roof pitch/height/and parapets Hi Ashley,   per feedback at the DRB meeting I was at a few weeks ago, the DRB agreed that it would be better if the  language was changed so that a sloped roof was 2/12 or greater and that a flat roof is less than 2/12.    This seems a  practical language adjustment based on construction practices in which roof slopes are based on whole inch vertical  measurements/12” horizontal with no   compromise to the planning department.   Did the planning department discuss  and not agree with this?       Thanks Hans Berglund, AIA LEED AP Home BERGLUND ARCHITECTS, LLC 210 Edwards Village Blvd, Suite A103 P. O. Box 2378, Edwards, CO 81632 Phone 970 926 4301 Fax 926 4364 email: hans@berglundarchitects.com Web: www.berglundarchitects.com     From: Ashley Clark <AClark@vailgov.com>  Date: Friday, March 29, 2019 at 11:13 AM  Subject: Discussion of draft ordinance for roof pitch/height/and parapets    Hello,     Please find attached the DRB agenda for next Wednesday 4/3/19. The DRB will discuss a draft ordinance that  includes the following (strike through indicates texted proposed to be removed and bold indicates drafted  new text):     ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the ground. A roof or portion of roof that has a sloping plane less than or equal to a rise of two inches (2”) over a distance of twelve inches (12”).     ROOF, SLOPING: A roof or portion of roof with a pitch greater than a rise of two inches (2”) over a distance of twelve inches (12”).     Parapet: The extension of the main walls of a building above the roof level.    14-10-4, Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.    May 21, 2019 - Page 180 of 246 2 G. A parapet may exceed the allowable building height by no more than 30”, subject to a finding of the Design Review Board that the proposal meets the criteria enumerated in 12-11-1     After the DRB the PEC will review the ordinance.     Please let me know if you have any questions. If you cannot attend the meeting but would like to submit  comments, please send them to me by email and I will share them with the Board.      Thank you,     Ashley     Ashley Lara Clark, AICP  Aclark@vailgov.com  Planner   Community Development Department     75 South Frontage Road  Vail, CO 81657  Office: 970.477.3459  vailgov.com         May 21, 2019 - Page 181 of 246 From:Henry Pratt To:Ashley Clark Subject:RE: Discussion of draft ordinance for roof pitch/height/and parapets Date:Friday, March 29, 2019 12:24:29 PM Attachments:image001.png Ashley,   Thank you  for  keeping  me  in  the  loop.  It is  hard for me  not to send you  some comments.   I have no qualms with the  definition of  a  sloped roof.   The definition of  a  parapet  as an extension  of  a  “main” wall  seems  to open the  door to abuse.  Parapets are more  typically  extensions  of  perimeter walls and go a  long way  toward  hiding  the  flat roofs  behind them- something that was  always  frowned upon  in  Vail.   A  building  that steps up the hillside  could  have multiple perimeters  as the  envelope changes.  A  wall  extension above a  non- perimeter  wall  should  be  defined as a  screen wall  and subject to specific DRB  review  and approval.   Additionally, it  is  my  opinion that parapets  should  be  required  for  flat-roofed  buildings or portions of buildings with flat roofs  in  Vail.  A  flat roof  with  a  simple  gravel  stop  or edge drip  flashing should  not be  allowed  in  Vail as the  resulting look is  decidedly not  “alpine”.   At  the  Vail Marriott  facelift  a  while  back, we found that the  pre-existing parapet  height  of  36” or 42” (I  can’t remember  what  it  was) was  inadequate  to hide  the  larger  rooftop equipment  that was installed.  As  it  turns  out they had to extend  the  wall  higher to appease  the  Staff and had to add a screen wall  to appease  the  neighbors to the  north whose  upper units could  look down on the Marriott  roof  (see  attached  photos).   So the  proposal to limit parapet  height  to 30” needs  to have some exceptions built  in, especially  in  the  multifamily districts where  rooftop equipment  is  more likely  to be  necessary  and where  it  serves  everyone’s interests to hide  it  from  view.   Parapet  heights  can  be  limited to 30” or whatever the  building  Codes require.  But, as noted in  the example  above, additional  parapet  height  should  be  made  possible  via the  variance process  where there is  a  clearly  obvious off-site  public  benefit.  While  the  variance process  would  potentially  bring the  PEC into DRB  territory , I would  argue  that the  extra height  does become a  bulk-and-mass  issue which is  the  purview  of  the  PEC.   Thank  you  and good luck.   Henry  Pratt GPSL  Architects   From: Ashley  Clark  <AClark@vailgov.com>  Sent: Friday, March  29, 2019  11:13  AM To: Undisclosed recipients: Subject: Discussion of  draft  ordinance  for roof  pitch/height/and parapets   May 21, 2019 - Page 182 of 246 From:Scott Turnipseed To:Ashley Clark Subject:RE: Discussion of draft ordinance for roof pitch/height/and parapets Date:Friday, March 29, 2019 1:11:22 PM Attachments:image001.png That language makes perfect sense! Great job! Thanks so much! SCOTT S. TURNIPSEED, AIA | THE BIG CHEESE T. 970.328.3900 x1 C. 970.904.8939 E: scott@sstaia.com SCOTT S. TURNIPSEED, AIA ARCHITECTURE & CONSTRUCTION INC. 1143 CAPITOL STREET SUITE 211 P.O. BOX 3388 EAGLE CO 81631 From: Ashley Clark <AClark@vailgov.com> Sent: Friday, March 29, 2019 11:13 AM Subject: Discussion of draft ordinance for roof pitch/height/and parapets Hello, Please find attached the DRB agenda for next Wednesday 4/3/19. The DRB will discuss a draft ordinance that includes the following (strike through indicates texted proposed to be removed and bold indicates drafted new text): ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the ground. A roof or portion of roof that has a sloping plane less than or equal to a rise of two inches (2”) over a distance of twelve inches (12”). ROOF, SLOPING: A roof or portion of roof with a pitch greater than a rise of two inches (2”) over a distance of twelve inches (12”). Parapet: The extension of the main walls of a building above the roof level. 14-10-4, Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc. G. A parapet may exceed the allowable building height by no more than 30”, subject to a finding of the Design Review Board that the proposal meets the criteria enumerated in 12-11-1 After the DRB the PEC will review the ordinance. May 21, 2019 - Page 183 of 246 From:Scott Turnipseed To:Ashley Clark Subject:RE: DRB Discussion 3/6 of flat versus sloped roof & parapets Date:Friday, March 1, 2019 10:46:11 AM Attachments:image001.png Hey Ashley! Thanks for the invite! Not sure I can make it. My only input at this point is to define what the minimum slope of a roof must be in order to be considered a sloped roof. Right now there is no definition and there appears to be an unwritten rule that the slope must be over a 2:12 in order to be a sloped roof. I think having this in writing would be better. Thanks so much! SCOTT S. TURNIPSEED, AIA | THE BIG CHEESE T. 970.328.3900 x1 C. 970.904.8939 E: scott@sstaia.com SCOTT S. TURNIPSEED, AIA ARCHITECTURE & CONSTRUCTION INC. 1143 CAPITOL STREET SUITE 211 P.O. BOX 3388 EAGLE CO 81631 From: Ashley Clark <AClark@vailgov.com> Sent: Friday, March 1, 2019 10:35 AM Subject: DRB Discussion 3/6 of flat versus sloped roof & parapets Hello, You are receiving this email because at some point between 2018 and now you’ve submitted an application to the Vail DRB. Next Wednesday (3/6), the DRB will have a work session to discuss parapets and height requirements related to flat roofs versus sloped roofs (agenda attached - item 4.7). As professionals who work with the Vail Code, and may be impacted by any changes, your comments and attendance is encouraged. The goal on 3/6 is to have a discussion that will inform a draft ordinance to update and provide clarification in the code. The draft ordinance is currently scheduled to return to the DRB for review on 4/3. Next steps would include meetings with the PEC and Town Council. If you can’t make the meeting and would instead like to submit a letter, I’d be happy to forward it on to the DRB. You can reach me at 970-477-3459 if you have any questions. Thanks and hope to see you there! Ashley May 21, 2019 - Page 184 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 6, S eries of 2019, Second Reading, A n Ordinance Granting a Franchise to Holy Cross E nergy P RE S E NT E R(S ): Greg Hall, Public Works & Transportation Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 6, Series of 2019 upon second reading. B AC K G RO UND: The Town of Vail and Holy Cross E nergy have been partners in an Electric Utility Franchise A greement since February 27, 1979. That agreement was renewed on May 4, 1999 to expire this May. The franchise fee is currently set at 3%, which is consistent with other municipalities with whom Holy Cross E nergy has franchise agreements with. The proposed franchise agreement increases the franchise fee to 4%. T he additional revenue generated from this increase will assist with undergrounding of overhead electric and other utility lines. P ublic notice requirements for franchise agreements have been met by Holy Cross. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance No. 6, S eries of 2019 upon second reading. AT TAC H ME N TS: Description Ordinance No. 6 Series of 2019 May 21, 2019 - Page 185 of 246 1 5/9/2019 \\VWS-STORAGE\DOCUMENTS$\TNAGEL\DOCUMENTS\ORDINANCE NO. 6 SERIES OF 2019.DOCX ORDINANCE NO. 6 SERIES 2019 AN ORDINANCE OF THE TOWN OF VAIL, EAGLE COUNTY, COLORADO, GRANTING A FRANCHISE TO HOLY CROSS ENERGY, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, INSTALL, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN, REPAIR AND OPERATE INTO, WITHIN AND THROUGH THE TOWN OF VAIL, ALL NECESSARY AND CONVENIENT FACILITIES FOR THE PURCHASE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE RESIDENTS OF THE TOWN OF VAIL FOR LIGHT, HEAT, POWER AND OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS AND OTHER PUBLIC WAYS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS RELATED THERETO WHEREAS, the Town's current energy franchise agreement with Holy Cross Energy is set to expire in May 2019; WHEREAS, pursuant to C.R.S. § 31-32-102, Holy Cross Energy published notice of its intent to apply for the passage of an ordinance granting it a new franchise agreement to operate within the Town in a newspaper of general circulation published in the Town once a week for three successive weeks on April 1, April 8, and April 15, 2019, specifying the new franchise agreement would b e considered by the Town Council at its regular meeting on April 16, 2019; WHEREAS, following first reading of this Ordinance on April 16, 2019, and pursuant to C.R.S. § 31-32-103, Holy Cross Energy caused additional published notice of the proposed franchise agreement to be published in a newspaper of general circulation published in Town for a period of not less than two (2) weeks, from May 7, 2019 to May 14, prior to May 21, 2019; WHEREAS, Holy Cross has provided proof of such published notice in the form of newspaper affidavits of publication; and WHEREAS, the Town Council finds and determines that approval of the proposed franchise agreement is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council approves the Franchise Agreement attached hereto and incorporated herein, subject to final approval by the Town Attorney. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity May 21, 2019 - Page 186 of 246 2 5/9/2019 \\VWS-STORAGE\DOCUMENTS$\TNAGEL\DOCUMENTS\ORDINANCE NO. 6 SERIES OF 2019.DOCX 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 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, ORDERED PUBLISHED ONCE IN FULL AND ORDERED PUBLISHED this 16th day of April 2019; with a public hearing for second reading of this Ordinance set for the 7th day of May 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of May 2019. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk May 21, 2019 - Page 187 of 246 ARTICLE 1 SHORT TITLE 1.1 This Ordinance shall be known and may be cited as the "Holy Cross Energy, Franchise Ordinance." ARTICLE 2 DEFINITIONS For the purpose of this Franchise Ordinance (the "Franchise"), the following terms shall have the meaning given herein: 2.1 "Town" is the Town of Vail, Eagle County, Colorado, the municipal corporation as 1s now constituted or as the same may be enlarged or expanded from time to time through annexation. 2.2 "Company" refers to Holy Cross Energy, a Colorado corporation, its successors and assigns. 2.3 "Council" refers to the legislative body of the Town, known as the Town Council of the Town of Vail, Colorado. 2.4 "Facilities" refers to all overhead and underground electric facilities, buildings, and structures necessary to provide electricity into, within and through the Town of Vail including, but not limited to, such essential apparatus, appliances, plants, systems, substations, works, transmission and distribution lines and structures, anchors, cabinets, cables, conduits, guy posts and guy wires, meters, microwave and communication facilities, overhead and underground lines, pedestals, poles, regulators, sectionalizers, switchgears, transformers, various pad mounted and pole mounted equipment, vaults, wires, and all other related electrical equipment required for the distribution, generation, maintenance, operation, purchase, and transmission of electrical energy. 2.5 "Public Easements" refers to easements created and available for use by any public utility for its facilities. 2.6 "Private Easements" refers to easements created and available only for use by the Company for its Facilities, or by the Company and other selected users or utilities. 2.7 "Residents" refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently maintaining a residence, business, farm, ranch or other enterprise located within, in whole or in part, the boundaries of the Town. 2.8 "Revenues," unless otherwise specified, refers to and are the gross amounts of money that the Company receives from its customers within the Town from the sale of electrical energy for any particular period of time. 2.9 "Streets and Other Public Ways" refers to streets, alleys, viaducts, bridges, roads, lanes and other public ways in the Town, subject to limitations stated herein. May 21, 2019 - Page 188 of 246 2 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX ARTICLE 3 GRANT OF FRANCHISE 3.1 Grant of Right to Serve. Subject to the conditions, terms and provisions contained in this Franchise, the Town of Vail hereby grants to the Company the non-exclusive right, privilege and authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and operate into, within and through all of the Town boundaries all necessary and convenient Facilities for the purchase, generation, transmission, and distribution of electrical energy. Such grant is made together with the non-exclusive right and privilege to furnish, sell, and distribute said electrical energy to the Residents of the Town for light, heat, power and other purposes. The rights granted by this Franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the Town reserves the right to make or grant a franchise to any other person, firm, or corporation. 3.2 Scope of Grant. Such grant includes the right and obligation to furnish electrical energy either overhead, on poles and wires, or underground, or otherwise, on, over, under, along, across and through any and all Streets and Other Public Ways, on, over, under, along, across and through any extension, connection with, or continuation of, the same and/or on, over, under, along, across and through any and all such new Streets and Other Public Ways as may be hereafter laid out, opened, located, or constructed within the boundaries of Town. The Company is further granted the right, privilege and authority to excavate in, occupy and use any and all Streets and Other Public Ways and Public Easements. Any such excavation, occupation and use must be in accordance with Town standards and regulations, subject to any required Town permits, and will be undertaken under the supervision of the properly constituted authority of the Town for the purpose of bringing electrical energy into, within and through the Town and supplying electrical energy to the Residents. 3.3 Service to Town Facilities. The Town hereby grants to the Company the exclusive right, privilege, and authority to provide street and security lighting to the Town, and to serve all Town owned or operated structures, plants, equipment, or Town apparatus and facilities, including the right, privilege, and authority to furnish, sell, and distribute electrical energy necessary for such. 3.4 Duration of Franchise. This Franchise shall be in full force and effect on the first day of the month following the date this Franchise is finally approved by the Town Council of the Town of Vail (the “Effective Date”), and the terms, conditions and covenants hereof shall remain in full force and effect for a period of twenty (20) years from the Effective Date. 3.5 Periodic Review. Consistent with Section 12.5 of the Vail Town Charter, five (5) years from the Effective Date, and every five (5) years thereafter until the end of the term as defined herein, the Town may review the terms of this Franchise. The Town shall notify the Company in writing no later than one hundred and eighty (180) days before each five (5) year anniversary of the Effective Date if it desires to seek to amend the Franchise. The five (5) year periodic review shall not affect the twenty (20) year duration of the Franchise as set forth in Section 3.4 above. ARTICLE 4 May 21, 2019 - Page 189 of 246 3 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX SPECIFIC ELEMENTS OF GRANT 4.1 Recreational Areas. The Company shall not have the right to locate, build, or construct Facilities under, across, or through public parks or recreational areas, open space or other Town owned property located within the Town except as expressly set forth in this Franchise or upon prior written approval granted by the Town Council. Said approval shall not be unreasonably withheld. 4.2 Trees and Shrubs. The Company shall have the right to trim or cut down such trees and shrubbery and to control the growth of the same by chemical means, machinery, or otherwise, only as may be reasonably necessary to protect its Facilities and in a manner to minimize damage or interference to trees, shrubbery and other natural features according to custom and usage within the utilities industry. 4.3 Location of Company's Facilities. Wherever reasonable and practicable, the Company will endeavor to install its Facilities within Public Easements. The Company shall locate its Facilities within the Town so as to cause minimum interference with any of the Town's facilities or property, including without limitation water lines, sewer lines, storm drains, and the proper use of Streets and Other Public Ways, and so as to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said Streets and Other Public Ways. 4.4 Restoration of Public and Private Improvements. Should it become necessary for the Company, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or any other public or private improvement, the Company shall at its own expense and in a quality workmanlike manner, repair or cause to be repaired and restored to its original condition such sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or other public or private improvement after the installation of its facilities, provided, however, that upon failure of the Company to do such required repairs within a reasonable time and in a workmanlike manner, the Town may perform the required work and charge the Company for all reasonable costs thereof. 4.5 Use of Facilities. The Company shall have the right to make such use of its Facilities and any property owned by the Company for uses other than the uses contemplated in this Franchise, as it deems proper so long as such other uses do not interfere with its ability to supply electrical energy. 4.6 Relocation of Overhead Facilities. If at any time it shall be necessary to change the position of any overhead electrical Facilities of the Company to permit the Town to lay, make or change street grades, pavements, sewers, water mains, storm drains, or other Town works, such changes shall be made by the Company at its own expense, after reasonable notice from the Town. 4.7 Compliance with Town Requirements. The Company shall comply with all Town requirements regarding curb and pavement cuts, excavating, digging and related construction, maintenance and operational activities, including obtaining Town permits as required therefor. If May 21, 2019 - Page 190 of 246 4 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX requested by the Town, the Company shall submit copies of reports of annual and long-term planning for capital improvement projects with descriptions of required street cuts, excavation, digging and related construction activities within thirty (30) days after issuance of such request. 4.8 Town Review of Construction and Design. Prior to construction of any significant Facilities within the Town, as determined jointly by the Company and Town, the Comp any shall furnish to the Town the plans for such proposed construction. Upon request, the Company shall assess and report on the impact of such proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter alia, (1) that all applicable laws including building and zoning codes, air and water pollution regulations are complied with, (2) that aesthetic and good planning principles have been given due consideration, and (3) that adverse impact on the environment has been minimized. 4.9 Capital Improvement Projects. The Company and the Town shall endeavor to inform one another of any capital improvement projects anticipated within the Town that may impact the facilities or operations of either party. The party proposing such capital improvements shall inform the other party of the nature of such improvements within a reasonable time after plans for such improvements have been substantially formulated. Each party shall cooperate in the timely exchange of all necessary information, design data, drawings, and reports to properly assess and evaluate the potential impacts of said improvements. 4.10 Maintenance of Facilities. The Company shall install, maintain, repair, replace, and upgrade its Facilities to ensure both the adequacy of, and quality of, electric service to the Town and all Residents. All excavation and construction work done by or under the authority of the Company shall be done with necessary Town permits in a timely and expeditious manner which minimizes the inconvenience to the Town and all Residents. 4.11 Town Not Required to Advance Funds. Upon receipt from the Town of an authorization to proceed, and a promise to pay for construction, the Company shall extend its Facilities to the Town for municipal uses therein or for any municipal facility outside the boundaries of the Town and within the Company's certificated service area, without requiring the Town to advance funds prior to construction. 4.12 Scheduled Interruptions. The Company shall, whenever possible, give notice, either electronic, oral or written, to the Town and its affected Residents, of planned service interruptions of significant duration. ARTICLE 5 RATES, REGULATIONS, UNIFORMITY OF SERVICE, AND UPGRADES 5.1 Furnishing Electrical Energy. The Company shall furnish electrical energy within the boundaries of the Town, and to the Residents thereof at Company's applicable and effective rates and under the terms and conditions set forth in the Rate Schedules; Standards for Service, Rules and Regulations, and Service Connection and Extension Policies, adopted by and on file with the Company, subject only to regulations thereof as is provided by law. The Company shall not, as to rates, charges, service, Facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any resident, provided that nothing in this grant shall be taken to May 21, 2019 - Page 191 of 246 5 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX prohibit the establishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classification would be entitled. 5.2 Facility Upgrades. The Company shall, from time to time, during the term of this Franchise make such improvements, enlargements and extensions of its Facilities incorporating, when reasonable and practical, technological advances within the utilities industry as the business of the Company and the growth of the Town justify, in accordance with its Standards for Service, Rules and Regulations, and Service Connection and Extension Policies for electric service currently in effect and on file with the Company, subject only to regulations thereof as is provided by state and federal law. 5.3 Reliable Supply of Electricity. The Company shall take all reasonable and necessary_ steps to provide an adequate supply of electricity to its customers at the lowest reasonable cost consistent with long-term reliable supplies. If the supply of electricity to its customers should be interrupted, the Company shall take all necessary and reasonable actions to restore such supply within the shortest practicable time. 5.4 Changes in Rates and Service. The Company, from time to time, may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the use of electrical energy and payment therefor, and the interference with, or alteration of any of the Company's property upon the premises of its customers, as shall be necessary to ensure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor. 5.5 Maps and Regulations. The Company shall submit maps of its Facilities within the Town boundaries to the Town Clerk. The Company shall keep current copies of its Standards for Service, Service Connection and Extension Policies, Rules and Regulations on Company's website. All changes in such maps, Standards for Service, Rules and Regulations, and policies, shall be submitted to the Town as the same may from time to time occur. The Town shall provide copies of its map to the Company if Town boundaries change. 5.6 Subdivision Review. The Company shall analyze any subdivision plats or planned unit development plans submitted to it by the Town and respond to any request by the Town for information regarding the adequacy of its Facilities necessary to serve such proposed plat or plan and answer any other questions posed to the Company by the Town regarding said plat or plan as are within the knowledge of the Company. The Company shall respond to said requests or questions within reasonable time limits set by the Town's Subdivision Regulations. 5.7 Compliance with Laws. The Company shall comply with all County, State or Federal laws, rules and regulations, ordinances or resolutions related to the subject matter hereof. ARTICLE 6 USE OF COMPANY FACILITIES 6.1 Use of Poles by Town. The Town shall have the right, without cost, to jointly use all poles and suitable overhead structures within Town for the purpose of stringing wires thereon for any reasonable Town authorized use; which use shall not include the distribution or transmission of electricity; provided, however, that the Company shall assume no liability, nor shall it be put May 21, 2019 - Page 192 of 246 6 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX to any additional expense, in connection therewith, and said use shall not interfere in any unreasonable manner with the Company's use of same, or the use thereof by the Company's permittees, licensees, or other existing users of its Facilities. Use of Facilities hereunder by the Town shall not apply to the Town's licensees, permittees and franchisees. The Company agrees to permit Town licensees, permittees and franchisees, except those holding an electric utility franchise or license from the Town, to use its Facilities upon reasonable terms and conditions to be contractually agreed upon with the Company, in writing. ARTICLE 7 INDEMNIFICATION AND POLICE POWER 7.1 Town Held Harmless. The Company shall indemnify, defend and save the Town, its officers and employees, harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the Town pursuant to this Franchise, and the securing of, and the exercise by the Company of, the franchise rights granted in this Franchise and shall pay all reasonable expenses arising therefrom. The Town shall provide prompt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its franchise rights. The Company shall be permitted, at its own expense, to appear and defend or to assist in defense of such claim. In the event a claim or claims for injury or damage is brought against the Company, and such shall include a claim of responsibility against the Town, both parties shall defend the respective claim or claims brought against each, and each shall be responsible for its own attorney's fees during the pendency and continuation of any such action or proceeding. At the conclusion of the litigation or proceeding, whether by settlement, dismissal, order of court or administrative agency, or otherwise, if a determination is made that the Town is in no way responsible for the claim or claims, or that the Company is solely responsible, the Company shall promptly reimburse the Town for its reasonable attorney’s fees and costs incurred in defending such claim or claims. 7.2 Police Power Reserved. The Company expressly acknowledges the Town's right to adopt, from time to time, in addition to the provisions contained herein, such laws, including ordinances and regulations, as it may deem necessary in the exercise of its governmental powers. The right is hereby reserved to the Town to adopt from time to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in the exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights herein granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. ARTICLE 8 FRANCHISE FEE 8.1 Franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to the Town a sum equal to four-percent (4%) of its gross Revenues collected from the sale of electricity within the boundaries of the Town (the "Franchise Fee"), but this Franchise Fee may be reduced at any time by resolution of the Town Council to three-percent (3%) of the Company's gross Revenues collected from the sale of electricity within the boundaries of the Town. Should the Franchise Fee be reduced to three-percent (3%), the Town may, at its option, May 21, 2019 - Page 193 of 246 7 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX return the Franchise Fee to four percent (4%) at any time upon resolution of the Town Council. Electric revenues received from service to the Town facilities will not be assessed the Franchise Fee under this section nor will the Town be paid the Franchise Fee from such revenues collected from Town facilities. To the extent required by law, the Franchise Fee shall be surcharged to the Residents of the Town. The Franchise Fee is a surcharge in addition to any charges specified in the Company's tariffs and any applicable taxes. 8.2 Franchise Fee Payment In lieu of Other Fees. The Franchise Fee paid by the Company is accepted by the Town in lieu of any occupancy tax, license tax, permit charge, inspection fee, or similar tax on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the Company from any lawful taxation upon its property or any other tax not related to the Franchise or the physical operation thereof and does not exempt the Company from payment of head taxes or other fees or taxes assessed generally upon business. 8.3 Payment. Payment of the Franchise Fee shall be made by the Company to the Town on or before thirty (30) days after the end of each quarter of each calendar year for the preceding three (3) month period but shall be adjusted and prorated for the portions of the calendar quarters at the beginning and at the end of this Franchise. All payments shall be made to the Town Clerk. 8.4 Revenue Audit. For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this Article, the Company shall file with the Town Clerk, or such other official as shall be designated by the Town from time to time, a statement, in such reasonable form as the Town may require, showing the total gross receipts received by the Company from the sale of electricity to Residents within the boundaries of the Town for the preceding three (3) month period. The Town Clerk or any official appointed by the Town Council shall have access to the books of said Company for the purpose of confirming the quarterly gross revenues received from operations within said Town. 8.5 Correction of Underpayment/Overpayment. Should either the Company or the Town discover either an underpayment or overpayment of the quarterly Franchise Fee, the party making such discovery shall inform the other party within a reasonable time. If the error is substantiated as an underpayment, the Company shall make payment of the deficiency within thirty (30) days of the date the error was substantiated. If the error is substantiated as an overpayment, a credit equal to the overpayment will be applied to the next quarterly Franchise payment due the Town. 8.6 Occupancy Tax Alternative. In the event the said franchise fee levied herein should be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and in such event, and in lieu thereof, the Town may thereafter levy an occupancy tax upon the Company, not to exceed in any one calendar year the current Franchise Fee as set forth in Section 8.1 herein within the Franchise Area for that calendar year. In the event the one-percent (1%) community enhancement fee shall also be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then the occupancy tax levied upon the Company by the Town shall be one percent (1%) higher than the current Franchise Fee. Such occupancy tax shall be adjusted for any Franchise Fees or enhancement fees previously paid to the Town in such calendar year. In the event the Town shall enact such an occupancy tax, in lieu of the Franchise Fee and/or enhancement fee levied hereunder, all of the remaining terms, conditions and provisions of this May 21, 2019 - Page 194 of 246 8 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX Franchise shall remain in full force and effect for the period stated herein. Such occupancy tax ordinance or enactment shall be designed to meet all legal requirements to ensure that it is not construed as an income tax. Any alternative levy imposed by the Town shall only be valid if such is surchargeable by the Company under the provisions of C.R.S. § 40-3-106(4). 8.7 Payment of Expenses Incurred by Town in Relation to Franchise. At the Town's option, the Company shall pay in advance or reimburse the Town for expenses incurred for publication of notices related to the enactment of this Franchise and for photocopying of documents during the negotiations for, and processing of, this Franchise. 8.8 Termination of Franchise. If this Franchise is terminated by either the Company or the Town for whatever reason, or is declared null and void, all Franchise Fees or occupancy taxes levied herein shall be suspended as of the date the Franchise is legally terminated. Final payment of any Franchise Fee or occupancy tax owed and due the Town shall be made on or before thirty (30) days after the date the Franchise is legally terminated. ARTICLE 9 REPORTING AND CHANGE IN FRANCHISE FEE 9.1 Reports. The Company shall submit reasonable and necessary reports containing, or based upon, information readily obtainable from the Company's books and records as the Town may request with respect to the operations of the Company under this Franchise, and shall, if requested, provide the Town with a list of real property within the Town which is owned by the Company. 9.2 Change of Franchise Fee. The Company shall, upon request from the Town, notify the Town Council of any changes in the Franchise Fee percentage made with other municipalities served by the Company under a franchise within the State of Colorado. If the Town Council decides the Franchise Fee percentage hereunder shall be changed, it shall provide for such change by ordinance; provided, however, that any change in the Franchise Fee percentage shall then be surcharged by the Company to the Residents of the Town. 9.3 Copies of Tariffs. The Company shall post copies of its tariffs currently in use on the Company's website. ARTICLE 10 ADMINISTRATION 10.1 Amendments. At any time during the term of this Franchise, the Town through its Town Council, or the Company, may propose amendments to this Franchise by giving thirty (30) days written notice to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, shall within a reasonable time, negotiate in good faith in an effort to agree upon a mutually satisfactory amendment(s). No amendment(s) to this Franchise shall be effective until mutually agreed upon by the Town and the Company and until all public notice requirements pursuant to Colorado statutes, and ordinance requirements of the Town, have been met. This section shall not apply to Franchise Fee changes under Article 9. May 21, 2019 - Page 195 of 246 9 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX 10.2 Revocation of Privileges by Condemnation. In the event, at any time during the term of this Franchise, the Town shall condemn any of the Facilities of the Company within the boundaries of the Town, and thereby revoke all or any part of the privilege and authority herein granted to the Company to serve the Residents of the Town, then and in such event the Town shall pay to the Company just compensation for such rights and Facilities by reason of such condemnation. 10.3 Compliance Impaired. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this Franchise is impossible or is delayed because of circumstances beyond the Company's or Town's control. In those instances, the Company or Town shall use its best efforts to comply in a timely manner and to the extent possible. 10.4 Company’s Failure to Perform. It is agreed that in case of the failure of the Company to perform and carry out any of the stipulations, terms, conditions, and agreements herein set forth in any substantial particular, wherein such failure is within the Company's control and with respect to which redress is not otherwise herein provided, the Town, acting through its Town Council, may, after hearing, determine such substantial failure; and, thereupon, after notice given the Company of such failure, the Company may have a reasonable time, not less than ninety (90) days, unless otherwise agreed by parties, in which to remedy the conditions respecting which such notice shall have been given. After the expiration of such time and the failure to correct such conditions, the Town Council shall determine whether any or all rights and privileges granted the Company under this Franchise shall be forfeited and may declare this Franchise null and void. 10.5 Ownership of Facilities. All Facilities used or placed by the Company within the boundaries of the Town shall be and remain the property of the Company. 10.6 Transfer of Rights. The Company shall not transfer or assign any rights under this Franchise to a third party, excepting only corporate reorganizations of the Company not including a third party, unless the Town shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. 10.7 Removal of Facilities. Upon the expiration of this Franchise, if thereafter the Company Facilities shall not be used for electric, telephone, or cable TV purposes for a period of twelve (12) successive months, the Town shall have the option of having the Company remove such Facilities or claim such Facilities as its own. If the Town elects to have the Company remove the Facilities, it shall give written notice to the Company directing it to remove such Facilities, and the Company shall remove the same no later than ninety (90) days after the date of such notice, unless the Company and the Town agree to a longer period within which removal shall occur. Any Facilities, either underground or overhead, remaining after such time that are not expressly claimed by the Town shall be deemed to have been abandoned. Any cost incurred by the Town in removing abandoned Facilities, and any liability associated with Facilities abandoned by the Company shall be the liability of the Company. For any Facilities claimed by the Town, any liability associated with such Facilities shall become the liability of the Town. May 21, 2019 - Page 196 of 246 10 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX 10.8 Non-renewal of Franchise: Alternative Electric Service. If this Franchise is not renewed, or if it is declared null and void, or the Company terminates any service provided for herein for any reason, and the Town has not provided for alternative electric service to the Residents of the Town, the Company shall not remove its Facilities and shall be obligated to continue electric service to the Residents until alternative electric service is provided. The Company will not withhold any temporary services necessary to protect the public. ARTICLE 11 COMMUNITY ENHANCEMENT FUND 11.1 Purpose. The Company is committed to programs designed to make a difference in people's lives and the communities in which they reside. The Company shall voluntarily make monetary resources available to the Town for such programs and/or activities (the "Fund"). Programs for which the Fund shall be spent shall be limited to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof; (6) Sponsorship of special community events; (7) Undergrounding of overhead electric and other utility lines. Fund money made available under this Article may be spent for other purposes only with the express written consent of the Company. This program has been initiated solely by the Company; the Town has not made the program a requirement for this Franchise. Funding for this program is not a cost of doing business but is a voluntary contribution by the Company. 11.2 Payments to the Fund. The Company shall make annual payments to the Fund equal to one percent (1%) of its prior year's gross Revenues, commencing with 2019 Revenues, collected from the sale of electricity within the boundaries of the Town. Said payments shall be made into the Fund no later than February 15th of the year subsequent to the year in which the gross Revenues are received by the Company. 11.3 The Fund. The Fund established by the Company shall be maintained in a bank account in the name of the Town but shall be maintained separately from all other funds and accounts held by the Town. 11.4 Payments from the Fund. All payments from the Fund shall be for projects described in Section 11.1 hereof. Prior to any such expenditure, authorization to withdraw from the Fund shall be given by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for whi ch the expenditure is made. Prior to any expenditure, the Town shall notify the Company of its intended use of the Fund. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object if the Fund is expended for the use identified in the notice. 11.5 Audits. The Town may audit the Company's books related to gross Revenues collected within the Town at any reasonable time and with reasonable prior notice. The Company may audit the Fund account, expenditures from the Fund, and resolutions and ordinances authorizing such expenditures at any reasonable time and with reasonable prior notice. May 21, 2019 - Page 197 of 246 11 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX 11.6 Forfeiture of Enhancement Fund. The Company shall have the express right to temporarily suspend or terminate in full its annual contributions to the Fund if it is determined that funds allocated and paid to the Town for the Fund are being, or have been, misappropriated, administered with bias or discrimination, or for other inappropriate actions. 11.7 Advances of Funds. This Paragraph 11.7 applies only to the Fund identified for undergrounding of overhead electric lines discussed in Paragraph 11.1 above. The Town shall make all reasonable attempts to plan and budget use of the Fund without advancement of future Fund. However, if the Town requests and the Company and the Town agree that it is in the mutual interest of both, the Company shall anticipate Fund amounts to be available for up to three (3) years in advance. Both parties shall enter into a special agreem ent concerning the advanced Fund. Any amounts advanced shall be credited against amounts to be expended in succeeding years until such advances are eliminated. ARTICLE 12 UNDERGROUNDING 12.1 Town Policy. The Town has a policy that requires underground extension of new electrical distribution lines to new development within the Town. Amendments thereto will be furnished to the Company promptly after enactment by the Town. The Company shall extend its Facilities in accordance with such policy and the subdivision regulations and other applicable ordinances of the Town, but only subject to the provisions of the Company's Line Extension Policy, as may be amended from time to time, and other applicable Company rules and regulations, if any. 12.2 Customer's Request. If a customer within the Town should request that new Facilities be installed underground, or for the conversion of existing overhead Facilities to underground Facilities, the Company shall proceed in accordance with its Line Extension Policy. 12.3 Town Requested Undergrounding. Except for the Company's contributions to the Fund, which may be used by the Town to pay for the undergrounding of the Company's Facilities, any request, requirement imposed by resolution or ordinance, or other communication from the Town to the Company, asking, or requiring the Company to underground new Facilities or existing overhead Facilities, or move, remove, or replace existing underground Facilities, shall be handled according to Sec. 12.4 herein and in accordance with the provisions of the Company's Line Extension Policy. The Town acknowledges receipt of a copy of the policy. 12.4 Relocation of Underground Facilities. If the Town elects to change the grade of or otherwise alter any Streets or Other Public Ways for a public purpose, as determined at the sole legislative discretion of the Town Council, unless otherwise reimbursed by federal, state or local legislative act or governmental agency, the Company, upon reasonable notice from the Town, shall remove and relocate its Facilities or equipment situated in the public rights-of-way, at the sole cost and expense of the Company. Provided, however, nothing hereinabove shall be construed to obligate the Company to pay for the removal and relocation of its Facilities where such is at the request or demand of a person or entity under circumstances that reasonably require the party requesting or demanding the relocation to pay for the relocation under other provisions hereof, or under the provisions of the Company's Line Extension Policy. May 21, 2019 - Page 198 of 246 12 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX ARTICLE 13 RENEWABLE ENERGY GOALS 13.1 Renewable Energy Goals. The Company has a commitment to Renewable Energy that falls in line with the advanced goals of the Town. In the fall of 2018 the Company announced a new SEVENTY70THIRTY plan. The SEVENTY70THIRTY plan sets a goal for the Company to purchase 70% of all power sold from clean renewable resources by the year 2030. This represents an increase from 39% renewables sourced at the time of the program's adoption. Another goal of the SEVENTY70THIRTY program is to reduce the 2014 greenhouse gas emissions associated with the Company's power supply by 70% compared to 25% 2018. ARTICLE 14 MISCELLANEOUS 14.1 Changes in Utility Regulation. In the event new legislation materially affects the terms and conditions of this Franchise, the parties agree to renegotiate the affected terms and conditions in good faith. The parties hereto acknowledge that regulatory and legislative changes in the electric utility, gas utility and other energy industries are currently being discussed nationwide and statewide; that some changes in utility industry sectors have already been implemented; and that other changes may be made in the future, during the term of this Franchise. One scenario is the implementation of open access to electric customers, and other energy customers, making such customers available to all utilities, thus eliminating or limiting territorial protections. Under this scenario one utility may contract to sell a type of energy to a customer, while another utility transports the energy to the customer for a fee charged to the other utility or the customer. The parties agree, that insofar as future changes in the utility laws will allow, the Company shall always retain the right to bill customers for utility transportation services and energy sales within the Town if it is the provider of either the energy product or the transportation of such product. The parties agree that this will provide the most efficient and convenient utility service to the Residents of the Town and provide assurance to the Town of Franchise Fee collection for each component charged for the sale and delivery of energy products within the boundaries of the Town. 14.2 Successors and Assigns. Upon written approval of the Town, except when transfer is permitted by Section 10.6 herein, the rights, privileges, franchises and obligations granted and contained in this Franchise shall inure to the benefit of and be binding upon the Company, its successors and assigns. 14.3 Representatives. Both parties shall designate from time to time in writing representatives to act as franchise agents for the Company and the Town. Such will be the persons to whom notices shall be sent regarding any action to be taken under this Franchise. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party. Until an y such change shall hereafter be made, notices shall be sent to the Town Manager and to the Company's CEO. Currently the addresses for each are as follows: For the Town: Town Manager Town of Vail May 21, 2019 - Page 199 of 246 13 5/9/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\HOLY CROSS FRANCHISE FINAL.DOCX 75 South Frontage Road Vail, Colorado 81657 For the Company: Mr. Bryan Hannegan Holy Cross Energy PO Drawer 2150 Glenwood Springs, CO 81602 14.4 Severability. Should any one or more provisions of this Franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft provisions that will achieve the original intent of stricken provisions. 14.5 Entire Agreement; Repeal. This Franchise, when approved by the Company as set forth below, constitutes the entire agreement of the parties. There have been no representations made other than those contained in this Franchise. This Franchise supersedes all prior ordinances relating thereto, and any terms and conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 13, Series of 1999, of the Town of Vail, Colorado, is hereby repealed as of the Effective Date. 14.6 Non-Waiver. Any waiver of any obligation or default under this Franchise shall not be construed as a waiver of any future defaults, whether of like or different character. 14.7 No Third-Party Beneficiaries. No provision of this Franchise shall inure to the benefit of any third person, including the public at large, so as to constitute any such person as a third -party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give r ise to any cause of action for any person not a party hereto. ARTICLE 15 APPROVAL 15.1 Town Approval. This grant of Franchise shall not become effective until approved by the Town in accordance with its ordinances and the statutes of the State of Colorado. 15.2 Company Approval. The Company shall file with the Town Clerk its written acceptance of this Franchise and of all its terms and provisions within fifteen (15) business days after the final adoption of this Franchise by the Town. The acceptance shall be in the form and content approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this Franchise shall become null and void. May 21, 2019 - Page 200 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Second reading of Ordinance No. 7, S eries 2019, an Ordinance making budget adjustments to the Town of Vail General F und, Capital Projects F und, Housing Fund, Real Estate Transfer Tax F und, Marketing Fund, Heavy E quipment F und, Dispatch Services F und and Timber Ridge Enterprise Fund P RE S E NT E R(S ): Carlie Smith, Financial S ervices Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No. 7, Series 2019 B AC K G RO UND: P lease see attached memo S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 7, Series 2019 AT TAC H ME N TS: Description 2019 Budget 1st supplemental 2nd Global Solutions Power Point Presentation May 21, 2019 - Page 201 of 246 TO: Vail Town Council FROM: Finance Department DATE: May 21, 2019 SUBJECT: 2018 Results and 2019 Supplemental Appropriation I. SUMMARY The completion of the 2018 financials sets the stage for this supplemental appropriation of 2019. The main purpose of this supplemental is to re-appropriate funds for capital projects that were started in 2018 and are continuing into this year, or projects that did not begin as planned. There are also adjustments needed to reflect events or decisions that have occurred since the 2019 budget was finalized. In Tuesday evening’s session, you will be asked to approve Ordinance No. 7 making supplemental appropriations and adjustments to the 2019 budget upon second reading. II.DISCUSSION Changes from first reading The following items reflect information requested by Council or updates since first reading: General Fund Council requested more information about the mid-cycle funding application for $50,000 to support the Student’s Shoulder to Shoulder 2019 Global Solutions Forum in Vail. Robert Bandoni, the Executive Director of Student’s Shoulder to Shoulder will be present during Tuesday evening’s session to provide more information about the funding request. Real Estate Transfer Tax Fund On May 7th, Council approved recommendations provided by the Trailhead Use Taskforce to strategically address trailhead over use in Vail. The total cost of this program in 2019 is $58,000 which includes a Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), portable sanitation facilities at four East Vail trailheads ($10,000), and a planning effort with the USFS to generate long-term solutions ($30,000). Staff is requesting to included $600,000 to purchase the Lupine open space parcel with Eagle County. Eagle County will reimburse the town $300,000 or 50% of the purchase price. May 21, 2019 - Page 202 of 246 Capital Projects Fund Staff is requesting to include a 10% or $200,000 contingency for the data center project. The contingency will potentially be used to address newly identified structural issues that requires a shift in the data center location from the 2nd floor to the 1st floor of the East Vail fire station. Repeated from May 7th: 2018 RESULTS 2018 was a very active year for the town organization, with both revenue growth and a multitude of capital projects, housing initiatives and programs. Across all funds, revenues totaled $103.4 million which included $17.7 million from the sales of homes at Chamonix Vail and a cost share of Red Sandstone parking garage with Vail Resorts ($4.3 million) and Eagle County School District ($1.5 million). Without those one-time revenues, the total of $80.0 million was up $13 million, or 19% from the prior year. Much of the revenue growth came from the following major revenue sources: • 9% increase in sales tax ($2.3M) • 112% increase in Construction Use Tax ($2.0M) • 31% increase in parking sales ($1.5M) • 21% increase in RETT ($1.3M) • 82% increase in construction permits/fees ($1.3M) While a “normal” snow fall contributed to a solid start to the 2018-19 winter season in sales tax collections, parking structure revenues, and lift tax collections (up 8%), another contributor was the return of lodging inventory under construction during 2017. The summer months had record growth again in sales tax collections, with June, August and October all up 18% compared to the prior year. July and September followed closely behind, with 9% and 11% increases, respectively. Winter months had solid growth in March (14%) and December (10%), traditionally the highest value months for sales tax collections. Real estate transfer tax collections in 2018 of $7.6 million were up 21% from the prior year. RETT collections were up mainly due to an increase in the number of high-priced properties. In 2018 there were ten transactions over $10 million each (up from 8 in 2017), 29 transactions between $5 and $10 million (up from 19 in 2017) and 38 transactions between $2.5 and $5 million (down from 43). During 2018 overall construction revenues increased by 82%, or $1.3 million from the prior year mainly due to the Vail Health redevelopment. Construction Use Tax was up 112%, or $2.0 million from 2017. Lift tax collections of $5.1 million were up 8% from 2017. Parking revenue was positively impacted by the snow during 2018-19 winter season, with revenues of $6.4 million up 31% in 2018. Pass sales were bolstered by a large purchase by Vail Health due to loss of parking during construction. 2018 net expenditures totaled $81.2 million compared to $117.7 million budgeted. Of the $36.5 million variance, $25.0 million is requested for re-appropriation for capital projects currently underway, housing programs, or new projects identified since the original budget was set last fall. The remaining difference represents savings of $5.0 million from capital projects, - 2 - May 21, 2019 - Page 203 of 246 $1.5M in town-wide staffing vacancies, delay of planning projects ($438K) and reduced general operating expenditures such as supplies, cinders, and professional fees. While the town budgeted to utilize up to $21 million in reserves for capital projects and housing programs, the town was able to end the year with an overall surplus of $4.5 million due to higher revenue growth than conservatively projected and expenditure savings. MID-YEAR FUNDING REQUESTS This supplemental includes one midyear contribution request. The purpose of the midyear review is to provide an opportunity for organizations that have newly identified projects or unforeseen changes to their budgets to come forward all at the same time and for Council to provide consistent criteria and evaluations. Midyear contribution applications were due March 30th. Request: Students Shoulder-to-Shoulder has requested a $50,000 cash contribution for the 2019 Global Solutions Forum (Oct 23-25) to be co-hosted with Denver’s Daniels college of Business. Student’s Shoulder to Shoulder is an organization with a mission to inspire and support generations of ethical leaders. The annual Global Solutions Forum was previously held in Vail in 2016 and 2017. This event promotes cross-sector collaboration in an annual forum that provides opportunities to learn, share, and coordinate efforts to address pressing issues in society. The $50,000 contribution will be used towards reputable and dynamic speakers, with a goal to have two nationally/internationally recognized speakers, increased Front Range and other key market marketing to attract new attendees, and support for operating costs for human capital to help organize and build the event. Recommendation: Staff does not recommend additional $50,000 of funding for this event based on the information below. As an Education and Enrichment event, Students Shoulder- to-Shoulder has received funding support from the Commission on Special Events ($15K in 2016, $5K in 2017 and $5K for 2019). The CSE largely based its 2019 recommendation on prior year performance and attendance opportunities. Although requested by the CSE, the Global Solutions Forum has been unsuccessful in providing equal attendance opportunities to public schools for this event. For this reason the CSE has encouraged Student’s Shoulder to Shoulder to explore additional avenues of funding such as grants and donations rather than increasing support from taxpayer funds. The CSE granted $15K in 2016 as startup funding in year one but then reduced funding in the next year based on event performance. Staff supports the CSE funding allocation and does not want to encourage duplicate funding requests through both the CSE and Council Contribution processes. The CSE has a budget of $151K for Education and Enrichment events. This request for funding is equivalent to one third of the total budget allocated to these events. 2019 SUPPLEMENTAL APPROPRIATION The main purpose of this supplemental is to re-appropriate funds for capital projects that were started in 2018 and are continuing into this year, or projects that did not begin as planned. This supplemental also includes adjustments needed to reflect events or decisions that have occurred since the 2019 budget was finalized. General Fund Budgeted revenues will be adjusted by an increase of $42,835. This includes annual rental revenue of $10,500 from the new East Vail Lodge employee housing unit purchased in - 3 - May 21, 2019 - Page 204 of 246 December 2018, which will be offset by $7,521 in expenditures for condo dues, unit repairs and annual maintenance. The remaining $32,335 of revenue adjustments will also be directly offset by corresponding expenditures. These adjustments include a $5,075 state grant for an annual subscription to a police online law enforcement training, a $6,900 reimbursement for a damaged parking gate, a $13,765 state grant for Northwest Incident Management Team to cover administrative work performed by the town, and a $6,594 state grant (awarded in 2018) for a police department drug awareness campaign. General Fund expenditures are proposed to increase by a total of $301,055. This includes $42,835 of expenditures corresponding to reimbursements above. The remaining requests for $258,220 include: •$20,000 carry over of the 2019 Red Sandstone Elementary School STEM lab funding approved during the third supplemental of 2018. •$33,700 final invoice for an audit of the town’s purchased telecommunications services. Annual savings are estimated to be $148,000. •$110,000 to continue summer overnight managed parking with same staffing model used in 2018. This includes $10,000 for ticket stock, $80,000 in seasonal salaries and $20,000 in seasonal benefits. This expenditure will be included in the 2020 budget with the expectation of a continuation of summer managed parking into the future. •$48,000 annual contract expenditures paid to Northwest Colorado Council of Governments (NWCOG) relating to the THOR broadband project ($7,900/month beginning in June 2019). •$4,500 paid to Mammoth Technologies for increased bandwidth expenditures required by project THOR. The town currently pays approximately $1,500 per month. •$35,000 for the Town Manger recruitment process. While the prior contract with SGR will cover professional services at no cost, additional funds are requested to facilitate hard costs of the search such as travel, meals, meeting space, etc. The above adjustments to the General Fund reflect a $1.3M use of fund balance and will result in an estimated fund balance of $32.5 million by the end of 2018, or 80% of annual revenues. Capital Projects Fund Budgeted revenues will be adjusted by $1,882,884. Of this, $238,655 is for grants and revenue reimbursements originally budgeted and awarded in 2018 but were delayed due to project timing. This includes a $135,000 state grant for the public works water quality project, $50,000 use of Community Enhancement funds for underground utility improvements between Liftside Condos and Glen Lyon, $20,655 use of traffic impact fees for enhancements to the Frontage Rd with the Vail Valley Medical Center, and a $33,000 state grant for police intel sharing software. The remaining increase in budgeted revenue of $1,664,229 is to reflect the sale of the Vail Village Inn Phase V unit 2 ($1,547,000), $47,229 reimbursement from Eagle River Water and Sanitation for a sewer line at the Red Sandstone parking garage, and $50,000 in traffic impact fees that will be directly offset by corresponding expenditures for the Frontage Rd improvements project with the Vail Valley Medical Center. Staff is requesting to supplement 2019 expenditures by a total of $12,701,548, of which $11,339,464 represents projects budgeted in 2018 but not yet completed or are waiting on final bills. Project savings in 2018 totaled $2,969,815. The remaining $1,362,083 of expenditures will utilize and repurpose savings for new or additional funding requests. - 4 - May 21, 2019 - Page 205 of 246 •$100,000 to update furniture in the Grand View room due to age and heavy use of current furnishings. This includes meeting chairs, tables with plug-in feature, improved audio-visual equipment and sound panels. •$100,000 to upgrade Nextbus bus transponders to have 4G capabilities required for the 2019 Nextbus software upgrade. The older version is no longer supported. •$100,000 for preliminary design plans to vet broader Civic Area master plan concepts. •$73,847 for electric car charging stations to be installed at various town locations. Staff is studying locations and strategic placement. •$400,000 to replace an outdated water feature control system and valves at Seibert fountain. The fountain feature is 10 years old, with both control system and valves experiencing operational failures. •$250,000 for a crosswalk at West Lionshead Circle. This project is requested in lieu of the Vail Spa heated walkway previously included in the 2018 budget. This project is partially paid for by $44,000 collected in developer improvements from the Lion. •$56,635 to replace nine patrol vehicle cameras. Patrol vehicle cameras were last purchased in 2013 and are near end of life. •$91,000 SQL enterprise license for the Police records management system which includes three years of maintenance. After the first three years annual maintenance costs are estimated to be $7-10K. •$35K additional funds needed to install fiber-optic cable from the West Vail fire station to CDOT’s fiber along I-70 for Project THOR. Total cost estimated at $75K. •$125,000 for the town’s 50% cost share to install a heated sidewalk at Kendall Park/Mill Creek with the Mill Creek Homeowners Association. Half of the sidewalk is on HOA property and half on town property. The HOA plans to manage the project and contract for the work. The total project cost is estimated to be $250,000. •$18,000 estimated costs for the sale of two properties: Vail Village Inn Phase V, Unit 2 and Chamonix Parcel E, formally knows as Parcel D. The costs include both closing costs as well as some administrative fees for the Chamonix property to update zoning, subdivide Parcel D and go through the PEC process prior to sale. •$12,601 to purchase seven spare radios for the Public Works department from remaining Police radio purchase completed in 2018. 2018 projects continuing into 2019 include: •Slifer Square and Fountain Repairs ($1.5M) •Replacement of two HVAC units at public works ($300K) •Red Sandstone parking structure landscaping and parking space monitoring system ($2.7M) •Bridge repairs at both W. Forest Rd and Kinnickinnick ($689K) •Overhead lighting and underground electrical improvements at the Main and West Vail roundabouts as a continuation of the pedestrian safety project ($1.6M) •Bridge road bridge reconstruction ($1.5M) •Underground utility projects at Bighorn Rd and the eastern portion of Intermountain ($697K) •$388,716 carryover for hybrid bus battery replacements. The hybrid busses are on their final 2 years of service and so far have not required new batteries as expected. While this budget will most likely not be needed or spent, it safeguards in the event several batteries need to be purchased prior to taking delivery of new buses expected in 2021. •$276,662 re-appropriation in the Facilities Capital budget for upgrades to the town manager residence such as the installation of solar panels during the replacement of a 40 year old roof, as well as other electrical service improvements. Separately, a portion - 5 - New requests include the following: May 21, 2019 - Page 206 of 246 of these funds ($35.0K) will be used to replace the ventilation system in the Police garage. •$204,914 re-appropriation of Parking Structure capital maintenance funds to complete elevator remodels, replace a section of roofing at the Vail Transportation Center and major structural repairs at the Lionshead parking structure. •Town-wide street sign replacement ($225.9K), which includes both the signs and the accompanying light poles. •Data Center Remodel and Generator: A re-appropriation of $199,449 for the continuation of this project, which includes both a data center and generator in the municipal complex as well as a redundant data center and generator at the West Vail Fire Station. On May 21st, staff will present to Council an update of the data center remodel, and will include an additional funding request. The new data center was originally planned to be located on the 2nd floor of the fire station. Due to structural issues, it now needs to be located to the 1st floor. This change requires a relocation of the current fire department offices to the 2nd floor. Separately, staff is proposing a data center designed to allow for future growth and compatibility with the THOR broadband project. An updated cost estimate will be included in the 2nd reading of the budget supplemental for the above scope changes. The Vail Reinvestment Authority transfer shows an increase of $753,281 to reflect the continuation of 2018 projects funded by the VRA including final bills for the Sandstone Underpass ($493K), a crosswalk at the West Lionshead Circle ($206K), signage at the Lionshead express bus stop ($25K), and final bills for landscaping renovations at the Lionshead Transit Center ($30.3K). All of the above adjustments will result in an estimated fund balance of $20.6 million by the end of 2019. Housing Fund Staff is requesting to re-appropriate a total of $5.3 million into the 2019 budget to reflect a continuation of housing initiatives from 2018. This includes: •A carryforward of $840,274 allocated to the INDEED program. •$4,225,000 purchase of 65 deed restrictions at the Solar Vail employee housing development, which will be paid upon certificate of occupancy and deed restriction filing. •$169,437 carryforward balance in the Buy Down Housing program, plus a $77,991 of 2018 housing fee-in-lieu collections. The above expenditures will result in $0 remaining fund balance by the end of 2019. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will be adjusted by $317,798 for grant and revenue reimbursements originally budgeted and awarded in 2018 but were delayed due to project timing. This includes $69,000 of state grants for water quality programs, a $5,021 state grant from the Colorado Department of Public Health and Environment to purchase wildlife trashcans for the town’s curbside recycling programs, $24,377 reimbursement from Eagle River Water and Sanitation for the Dowd Junction retaining wall, and recognition of a $50,000 donation from East West Partners to begin design on an art space in the Ford Park school house building and $169,400 of community funding for the Seibert memorial statue. These reimbursements will be used to offset expenditures upon project completion in 2019. - 6 - May 21, 2019 - Page 207 of 246 Staff is requesting to supplement expenditures by a total of $8,829,921, of which $317,798 corresponds to reimbursements mentioned above and $8,336,852 represents projects budgeted in 2018 but not yet completed such or are waiting on final bills. Project savings in 2018 totaled $1,897,799. The remaining $175,272 of expenditures will utilize and repurpose savings for new or additional funding requests. New requests include the following: •$12,938 in seasonal salaries to start the wildland crew a month early to help facilitate bighorn sheet habitat improvements. •$10,000 in additional funding for the annual nature center operations with Walking Mountains. The 2019 original budget included a placeholder of $65,000; the total contract was finalized with a total cost of $75,000 per year. •$60,000 contingency for the Ford Park softball shelter project. This contract was approved by Council on March 5, 2019. •$10,000 to replace and add additional drinking fountain and bottle filling stations at Donovan, Red Sandston, and Stephen’s Park. •$7,334 for additional bench seating in Vail Village and new bike racks. •$75,000 to begin Phase I of interpretive signage for Gore Creek streamtract restoration. This project will be allocated into two phases. 2018 projects continuing into 2019 include: •Improvements and re-stabilization of the Dowd Junction retaining wall ($2.1M). The total cost includes $1.15 million of project reimbursements from Eagle County and Eagle River W ater and Sanitation included in the 2019 budget. •Ongoing water quality projects ($4.0M) o Completion of improvements to the East Vail interchange ($794.0K) o Water quality infrastructure improvements ($2.5M), o Streamtract education ($15.0K) o Streamtract restoration ($548.3K) o Final bills or the East Vail water quality TAPS project ($90.3K). •Annual re-appropriation for future Art in Public Places projects ($512.8K). •Reconstruction of the bike path on North Frontage Rd. between Sun Vail and the pedestrian bridge ($235.0K). •$942,187 for capital maintenance projects on facilities managed by the Vail Recreation District: o Tennis Center: restroom remodel ($50K), gutter replacement ($10K), and concession and bathroom siding staining ($12K). o Dobson: Replacement of pavers and concrete ($54K), rock wall repair ($10.5K), roof snow removal ($44K). o Golf Course improvements: Staff is requesting to shift $240K in recreation enhancements funds and re-appropriate $271.4K totaling $511.4K to be used towards reconstruction of the golf maintenance building, improvements to the 14th and 15th hole bridges, and parking lot drainage improvements. These projects are expected to be completed during 2019. o Gymnastics Center: $60K for installation of cooling system. o Carryforward the remaining recreation enhancement account balance from 2018 of $305.1K less shift of $240K to golf course improvements ($206.7K). o Athletic Fields: $6K for asphalt maintenance in the parking lot. - 7 - May 21, 2019 - Page 208 of 246 Included as a separate item on the May 7th agenda will be a discussion about the management of Vail trails. The estimated cost for this program totals $49.0K, which includes $16.0K for a new Trail Host program, $2.0K community education and marketing, $3.0K for trail data collection by the U.S. Forest Service, and $30.0K to facilitate a planning process with the U.S. Forest Service to develop long-term solutions. These estimates have not been included in the first reading on the 2019 supplemental but will be added to the second reading on May 21st upon Council’s approval. The above adjustments will result in an estimated fund balance of $3.9 million at the end of 2019. Marketing Fund Staff is requesting to re-appropriate savings from the 2018 fireworks budget of $18,205 and use towards enhanced firework shows for 2019 events. During 2018 the 4th of July show was cancelled due to fire danger. Heavy Equipment Fund Staff is requesting to supplement 2018 expenditures by a total of $20,645 to purchase a trailer budgeted in 2018 but not yet purchased. Dispatch Services Fund Staff is requesting to re-appropriate $181,080 to complete the county-wide Police Records Management System. During 2018, the town was reimbursed $403,000 from participating agencies for this same project. The Capital Projects Fund also reimbursed $150,000 for the town’s portion. Timber Ridge Housing Fund Staff is requesting to re-appropriate $200,710 to complete the remodel of 18 units. This is the final part of a phased renovation of the Vail Resort’s leased units. Beginning in 2016, 18 units were renovated, with another 18 completed in 2017. The final 18 were planned for 2018, but renovations were unable to be completed due to limited access to contractors. - 8 - May 21, 2019 - Page 209 of 246 Budget2018 2018 Variance 2019 1st 2019AmendedActual Fav/ (Unfav)Budget SupplementalAmendedRevenueLocal Taxes:26,046,000$ 27,886,113$ 1,840,113$ 27,080,000$ 27,080,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 57/43 62/38 62/38 Sales Tax 16,149,000 16,149,000 - 16,790,000 16,790,000 Property and Ownership 5,300,000 5,313,730 13,730 5,300,000 5,300,000 Ski Lift Tax4,944,200 5,103,480 159,280 5,025,000 5,025,000 Franchise Fees, Penalties, and Other Taxes 1,151,137 1,158,678 7,541 1,142,925 1,142,925 Licenses & Permits2,952,787 3,201,300 248,513 2,343,328 2,343,328 Intergovernmental Revenue 2,579,565 2,650,967 71,402 1,977,104 25,434 2,002,538 NWIMT administrative grant reimbursement (13.8K), State grant for PD online training subscription ($5.1K); State grant for PD drug campaign ($6.6K) Transportation Centers5,147,900 6,416,013 1,268,113 5,426,000 5,426,000 Charges for Services 964,582 1,091,119 126,537 1,016,123 1,016,123 Fines & Forfeitures 254,156 210,495 (43,661) 245,563 245,563 Earnings on Investments 131,000 434,854 303,854 200,000 200,000 Rental Revenue1,064,137 1,028,571 (35,566) 1,092,352 10,500 1,102,852 East Vail Unit#2 employee housing rental revenue ($10.5K) Miscellaneous and Project Reimbursements196,888 220,849 23,961 254,000 6,900 260,900 Guest reimbursement for damaged parking gate ($6.9K) Total Revenue 40,835,352 42,979,056 2,143,704 40,812,395 42,834 40,855,229 ExpendituresSalaries 19,268,823 18,163,387 1,105,436 19,319,540 92,682 19,412,222 Reimbursement for staff to perform administrative work for Northwest Incident Mgmt. team ($12.6K); Seasonal summer parking managed parking ($80K) Benefits 6,917,595 6,666,873 250,722 7,408,946 21,083 7,430,029 Reimbursement for staff to perform administrative work for Northwest Incident Mgmt. team; Seasonal summer parking managed parking ($20K) Subtotal Compensation and Benefits26,186,418 24,830,260 1,356,158 26,728,486 113,765 26,842,251 Contributions and Welcome Centers290,755 262,868 27,887 285,695 20,000 305,695 2019 Council Contribution for RSES Stem lab (approvedduring 3rd supplemental of 2018) All Other Operating Expenses8,402,598 7,403,690 998,908 8,122,932 167,290 8,290,222 Telecommunications audit ($33.7K); Ticket stock for summer overnight parking ($10K); Town Mgr. recruitment ($35K); bus maps approved in 2018 ($10K); THOR annual contract ($48K); additional bandwidth for Project THOR ($4.5K); PD online training subscription ($5.1K), parking gate repair ($6.9K); PD grant for drug campaign ($6.6K); East Vail lodging condo dues and maint ($7.5K)Heavy Equipment Operating Charges2,385,076 2,311,680 73,396 2,497,629 2,497,629 Heavy Equipment Replacement Charges725,926 692,751 33,175 755,279 755,279 Dispatch Services659,608 659,608 - 669,590 669,590 TOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 9May 21, 2019 - Page 210 of 246 Total Expenditures38,650,381 36,160,857 2,489,524 39,059,611 301,055 39,360,666 Revenue Over (Under) Expenditures2,184,971 6,818,199 4,633,228 1,752,784 (258,221) 1,494,563 Transfer to Marketing & Special Events Fund(2,186,120) (2,186,120) - (2,357,788) (2,357,788) Planning ProjectsCivic Area/Dobson Master Plan(125,000) (67,588) 57,412 (125,000) (125,000) West Vail Master Plan(350,000) - 350,000 (325,000) (325,000) Total Expenditures41,311,501 38,414,565 2,896,936 41,867,399 (258,221) 42,168,454 Surplus (Deficit) Net of Transfers & New Programs (476,149) 4,564,491 5,040,640 (1,055,004) (258,221) (1,313,225) Beginning Fund Balance29,289,331 29,289,331 28,813,182 5,040,640 33,853,822 Ending Fund Balance28,813,182$ 33,853,822$ 5,040,640$ 27,758,178$ 32,540,597$ As % of Annual Revenues71% 79% 68% 80%EHOP balance included in ending fund balance - not spendable 690,000$ 890,000$ 890,000$ 890,000$ 10May 21, 2019 - Page 211 of 246 2018 ongoing projects re-appropriated to 2019Includes additional or new 2019 projects (utilizing 2018 savings)2018 2018 Variance 1st 2019Amended Actual Fav/(Unfav) 2019 Supplemental AmendedRevenueTotal Sales Tax Revenue: 26,046,000$ 27,886,113$ 1,840,113$ 27,080,000$ -$27,080,000$ 2019 at 2.0% increase from 2018 forecast (5.1% increase from 2017 actuals); Sales Tax Split between General Fund & Capital Fund62/3857/4362/3862/38Sales Tax - Capital Projects Fund9,897,000$ 12,046,899$ 2,149,899$ 10,290,000$ -$10,290,000$ Use Tax3,600,000 3,689,131 89,131 2,220,000 - 2,220,000 2019 based on two year average plus estimated for Lion View, Park Meadows, and Launch Projects; 2020 based on 5 yearaverage then 3% increase Federal Grant Revenue- 1,653 1,653 300,000 -300,000 2019: $300K in 2019 Federal grant reimbursement for Bridge Rd Bridge repair; $700K in 2020.Other County Revenue260,302 197,523 (62,779) - 47,228 47,228 2019: $47.2 reimbursement from ERWSD for a sewer line at RSES parking structure (see corresponding reimbursement below) 2018: $260.3K reimbursement for radios from Eagle County Sheriff's Office, Eagle County Health Services District, and Avon Police Department; Other State Revenue83,691 747,710 664,019 - 168,000 168,000 2019: $135K public works water quality grant; $33K grant for Police Intel Sharing platform- project expendituresincluded in the 2018 budget and re-appropriated below.Lease Revenue159,135 159,135 - 164,067 -164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Sales of Chamonix Housing Development Units17,693,900 17,748,304 54,404 - - - 2018: Sale of Chamonix Housing UnitsProject Reimbursement6,989,416 6,909,331 (80,085) 200,000 120,655 320,655 2019: $200K reimbursement from Holy Cross for 2019/2020 Big Horn Rd and Intermountain project; $20.7K traffic impact reimbursement for VVMC/Frontage Rd. project; $50K use of community enhancement funds for Liftside to Glen Lyon underground utility project; $50K additional use of traffic impact fees for VVMC/Frontage Rd (see corresponding expenditures below)Sale of Vail Village Inn Phase V Unit 2- - - - 1,547,000 1,547,000 Sale of Vail Village Inn Phase V Unit 2Timber Ridge Loan repayment489,419 124,516 (364,903) 489,342 -489,342 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge FundEarnings on Investments and Other38,723 448,616 409,893 115,201 -115,201 0.7% rate assumed on available fund balanceTotal Revenue39,211,586 42,072,819 2,861,232 13,778,610 1,882,883 15,661,493 ExpendituresCapital MaintenanceBus Shelters 118,825 27,048 91,777 30,000 -30,000 Bus shelter annual maintenanceParking Structures695,000 490,086 204,914 700,000 204,914 904,914 2018-2019 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing andother structural repairs; Re-appropriate for structural repairs to LHTRC, roofing repairs at VTRC, and elevator repairsWelcome Center/Grandview Capital Maintenance250,000 121,154 128,846 - 100,000 100,000 2018: Furniture replacement for Lionshead Welcome Center- current furniture has reached it's 5 year life. This includes paint and built in desks; 2019: $100K for final design bills for Welcome Center and furniture replacement at the Grandview including sound panels and audio visual enhancementsChildren's Garden of Learning-Capital 12,800 18,574 (5,774) 32,500 -32,500 2018: Council contribution for a new boiler at the Children's Garden of Learning. The town owns the building; 2019:Council contribution to build a fence around front yard.Vail Valley Foundation- Capital- - - 55,000 -55,000 2019 Council Contribution towards installation of the video screen at the Ford AmphitheaterTraffic Impact Fee and Transportation Master Plan Updates233,482 - 233,482 - 30,000 30,000 Re-appropriate $30K to update 20-year Transportation Master Plan to coincide with West Vail Master Plan andCivic Center Master PlanNeighborhood Bridge Repair689,134 - 689,134 350,000 689,134 1,039,134 2019: Re-appropriate for Kinnickinnick (West) Bridge Repair, West Forest Bridge Repair ($689,143); Lupine BridgeRepair ($350K), Major Bridge Repair Projects are determined based on bi-annual bridge inspection; Facilities Capital Maintenance576,000 299,338 276,662 393,000 276,662 669,662 In general this line item covers various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). 2019: Re-appropriate for TM residence upgrades including solar panels when replacing 40 year old roof and electrical car charger, Admin remodel, PD garage ventilation project ($276K); PW admin heated walkway repair ($50K), PW admin kitchen update ($15K), PW shops and bus barn maintenance including wood siding maintenance and exhaust system replacement ($130K), TM residence roof, skylight, and solar panel ($70K); 2018: Comm Dev kitchen update ($25K), transit offices skylight replacement ($50K); Buzzard Park repairs ($67.5K), PW and bus barn maintenance including window replacement($92K), PW admin carpet replacements ($50K)' library door replacement ($25K)Municipal Complex Maintenance- - - 138,750 -138,750 2019: PD window replacement ($80K), PD circulation pump repairs and replacement ($15K), PD elevator drive controls($44K);Donovan Park Pavilion15,000 - 15,000 5,000 -5,000 Annual $5K Maintenance to repair HVAC; 2020 includes HVAC Replacement at Donovan PavilionStreet Light Improvements 147,057 64,919 82,138 75,000 -75,000 Annual maintenance to street lights; LED light enhancementsCapital Street Maintenance1,220,000 834,558 385,442 1,225,000 - 1,225,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts;Town-wide camera system140,000 146,038 (6,038) 70,000 -70,000 '2018-2019 replace Bosch system(30 cameras); $22K Annual maintenanceTOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 11 May 21, 2019 - Page 212 of 246 2018 ongoing projects re-appropriated to 2019Includes additional or new 2019 projects (utilizing 2018 savings)2018 2018 Variance 1st 2019Amended Actual Fav/(Unfav) 2019 Supplemental AmendedTOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDAudio-Visual capital maintenance18,000 18,000 - 18,000 - 18,000 Audio visual, phone and IT equipment for an EOC at the West Vail Fire StationDocument Imaging30,000 29,018 982 30,000 - 30,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. Software Licensing217,000 34,134 182,867 144,410 182,867 327,277 2018-2020: Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products; 2019: Re-appropriate $182K for virtual desktop replacement ($57K); Asset Mgmt. System ($75K); Asset Mgmt. annual maintenance and licensing agreement ($50K)Thermal Imaging Cameras- - - 12,000 - 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriersHardware Purchases150,000 86,073 63,927 50,000 63,927 113,927 2019: Replacement of 50 workstations per scheduleWebsite and e-commerce12,000 4,311 7,689 12,000 - 12,000 Internet security & application interfaces; website maintenance; includes $550/month for web hosting svcsFiber Optics / Cabling Systems in Buildings62,000 26,620 35,380 90,000 35,000 125,000 2019: $35K for fiber from West Vail fire station to CDOT I-70 fuber connection for Porject THOR ;NWCOG Project THOR Broadband project Meet Me Center $75K; 2018-2020: Repair, maintain & upgrade cabling/network Infrastructure $15K; 2018: Install fiber optics from data center to CenturyLinkNetwork upgrades380,000 366,857 13,143 380,000 (350,000) 30,000 Computer network systems - replacement cycle every 3-5 years; 2019: Remove $350K that had been moved forward to 2018 for retrofit networking gear for public access system installed in 2014;Phone System77,220 32,143 45,077 - 45,077 45,077 2019: Final payment for phone system upgrade: ($32.2K), normal replacement of Ipads, Iphones ($13K)Business Systems Replacement338,700 196,366 142,334 30,000 142,334 172,334 2019: Re-appropriate for sales tax software ($134K), and new bus scheduling software ($8K); $30K every other year for parking system upgrades; 2018: $1.3K for final bills for financial statement module, $160K for sales tax software, $90K STR software; $19K for Com Dev project Docs software; $38K new bus scheduling software (approx. operating costs is $20/yr.);Public Safety System (CAD/RMS Dispatch System)97,768 44,906 52,862 50,000 91,000 141,000 Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; 2019: Police Department Records Mgmt. system SQL licensing ($91K)Public Safety Equipment121,791 101,696 20,095 39,643 33,000 72,643 2019: Re-appropriate for Intel Sharing Platform ($33K) covered by grant; Speed Signs ($7.8K), Rifle noise suppressors ($23.1K), pole camera ($8.6K); 2018: Replace existing headsets, vests, and helmets for 6 Police SOU members ($20.5K), Upgrade mass casualty supplies in patrol cars ($5.6K); DOLA grant for License plate readers for two vehicles ($65.3K); Replacement of 40 body worn cameras ($12K);Police patrol car cameras- - - - 56,635 56,635 2019: $56.6K for new PD patrol car cameras (last replaced in 2013).Fire Safety Equipment- - - 59,000 - 59,000 2019: Long Range acoustical device ($50K), personal protective equipment dryer ($9K)Bus Camera System- - - 15,000 - 15,000 Installation of software and cameras in buses; 2019/20 annual capital maintenance of camera replacement, etc.Extrication Equipment100,000 95,374 4,626 - 4,626 4,626 2019: Re-appropriate for final bills; 2018:To purchase updated extrication equipment that will work with newer and more advanced vehiclesRHMAEC vehicle and equipment60,000 39,750 20,251 - - - 2018: TOV's portion of a RHMAEC(Regional Hazardous Materials Association of Eagle County) vehicle and equipment- Eagle county is putting $120K towards this vehicle.Event Equipment- - - 77,892 - 77,892 Event trailer and moveable barricades to provide barriers for vehicle entry into event areasFire engine equipment50,000 29,976 20,024 - 20,024 20,024 2019: Appropriate to complete purchases of necessary fire engine equipment to fully equip 4th fire engine; this will allow this vehicle to be used when other engines our being repaired or in an emergencyTotal Maintenance5,811,777 3,106,938 2,704,839 4,082,195 1,625,200 5,707,395 Priority AData Center (Computer Rooms)909,036 868,993 40,043 2,033,000 240,043 2,273,043 2019: 2nd half of hyper-converged infrastructure (HCI) equipment $750K, Data Center remodel at Station 3 $1.2M, Cooling/UPS system upgrade for data center in Muni building $128K; Re-appropriate $40K to complete 1st phase of data center remodel **Additional request for funding coming at next meeting (May 21); $200K 10% contingency Public Works Shops Expansion150,000 136,594 13,406 8,000,000 13,406 8,013,406 2019: $8M Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and changing operations, such as electrified buses into the future. The plan will consider a shop building expansion, system upgrades, ADA upgrades, additional employee housing (in various locations including the current administration building), covered cold storage and the expansion of the shop yard foot print to the north, project staging and space, snow dump expansion, Photovoltaic Array as a major GHG emission offset, Frontage Road left turn lane, and hazard mitigations and visual screening; Re-appropriate for final design bills ($13.4K); 2018:$150K Design for PW building remodel 12 May 21, 2019 - Page 213 of 246 2018 ongoing projects re-appropriated to 2019Includes additional or new 2019 projects (utilizing 2018 savings)2018 2018 Variance 1st 2019Amended Actual Fav/(Unfav) 2019 Supplemental AmendedTOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDVehicle Expansion265,000 251,309 13,691 115,100 - 115,100 2018: Snow Blower ($200K), Landscape architect truck ($30K), Drug Task Force vehicle ($35K); 2019: Police chief vehicle ($39K), building inspector vehicle ($37.1K), Town engineer vehicle ($39K); 2020: 2 commander vehicles ($80K)Parking Entry System / Equipment93,037 - 93,037 93,000 93,037 186,037 2019: Spare parking system equipment including ticket creator, ticket processor, ticket feeder, circuit boards, power supply modules, print heads ($93K); 2018: Ongoing parking equipment maintenance; $75K for conversion of Ford Park gates to automatic ticketing system to enhance Ford Park parking management;Neighborhood Bridge Reconstruction1,554,106 21,564 1,532,542 450,000 1,532,542 1,982,542 2019: Bridge Road Bridge replacementEast Meadow Drive Snowmelt 800,000 471,033 328,967 750,000 - 750,000 2019: Installation of snowmelt system; 2018: Design Snowmelt major repairs from Solaris to Austria House/Covered Bride area to be done at same time as the Slifer Plaza construction. This includes paver removal, snowmelt, asphalt replacements with concrete paversMain Vail Roundabout- - - 250,000 - 250,000 2019: Main Vail Roundabout truck apronNeighborhood Road Reconstruction54,740 - 54,740 400,000 - 400,000 2019: East Vail major drainage improvements; 2018: Continuation of shared drainage project that began in 2015 with ERWSD on Rockledge Rd/Frontage Rd; Vail Trail Sidewalk Connection- - - 85,000 - 85,000 Connect Vail sidewalk on Vail Valley Drive in front of Vail Trails Chalet complexRockfall Mitigation near Timber Ridge- - - 400,000 - 400,000 2019: Rockfall mitigation near Timber RidgeData Center equipment replacement and generator300,000 140,594 159,406 - 159,406 159,406 2019: Re-appropriate final bills to replace data center server infrastructure; upgrade and replace emergency generator to increase capacity Lionshead Express Bus Stop Improvements (VRA)657,000 656,308 692 - 25,000 25,000 2019: Signage at Lionshead Express Bus Stop; 2018: Improvements to Lionshead Express Bus stop to allow for West bound stop and turnaroundVail Spa Heated Walk (VRA)250,000 - 250,000 - - - 2018: Connect the Lion with Vail Spa via heated sidewalks; project cancelled in 2019West Lionshead Circle Crosswalks (VRA)- - 250,000 250,000 2019: Crosswalk at West Lionshead circle to be done in lieu of Vail Spa heated walkHeated walkway between underpass and 1st chair (VRA)315,432 314,185 1,248 - - - 2018: Heated walkway between new underpass and 1st chair buildingMill Creek Heated Walk- - 125,000 125,000 2019: TOV portion of 50/50 shared project with homeowners for heated sidewalk at Kendell Park/Mill Creek ($125K). This project will be managed by the HOA at an estimated total cost of $150K. Energy Enhancements87,899 14,052 73,847 - 73,847 73,847 2019: Electric car charges at various town locations ($73.8K)Pedestrian Safety Enhancements1,500,000 20,884 1,479,116 - 1,479,116 1,479,116 2019: Replace 40+ year old overhead lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16); project includes underground electrical enhancements for lightingWest Vail Roundabout350,000 286,620 63,380 - - - 2018: West Vail roundabout concrete replacement/repair near Marriott Streamside (currently there is exposed re-bar)Library Self-Check System Updates38,000 36,135 1,865 - - - 2018: Library replacement kiosk and security gate replacementChamonix- TOV230,322 71,872 158,450 - - - Chamonix contingency- TOVSlifer Plaza/ Fountain/Storm Sewer4,377,119 2,821,757 1,555,362 - 1,484,329 1,484,329 2019: Re-appropriate to continue repairs to Silfer Plaza fountain and storm sewersSeibert Fountain Improvements- - - - 400,000 400,000 2019: Fountain software system and valve upgrades at Seibert FountainWest Vail Interchange Sidewalk Repair325,000 - 325,000 - - - 2018: To repair sidewalk damage underneath the I-70 bridge Lionshead Parking Structure Landscape Renovations (VRA) 100,000 69,709 30,291 - 30,291 30,291 2019: Re-appropriate to complete landscaping ($30.3K); 2018: Improvements to parking structure landscaping around the eastern areas of the Vail Transportation Center where trees have been lost and planting eroded by years of snow storageColorado Ski Museum renovation500,000 500,000 - - - - 2018: Town contribution toward expansion and remodel of Colorado Ski Museum Radio Equipment replacement/expansion860,340 738,844 121,496 - 12,601 12,601 2019: Seven back-up radios for PW; 2018: Additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF; Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018)Hybrid Bus Battery Replacement431,772 43,056 388,716 - 388,716 388,716 2019: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; Buses will be repaced in 2-3 yearsPublic Works Building Maintiance300,000 - 300,000 - 300,000 300,000 2019: Re-appropriate $300K to replace two HVAC units at Public WorksMunicipal Redevelopment300,643 - 300,643 - - - 2018: planning of possible future municipal building redevelopmentCivic Area Redevelopment- - - - 100,000 2019: Preliminary design plans to vet broader master plan conceptsRed Sandstone Parking Structure (VRA)14,662,953 12,095,586 2,567,367 - 2,614,596 2,614,596 2019: Re-appropriate to complete project including all landscaping and parking space monitoring system; 2018: Construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRAChamonix Housing Development4,083,151 2,285,867 1,797,284 - - - 2018: Final construction of the Chamonix town home development projectI-70 Underpass (VRA)492,990 - 492,990 - 492,990 492,990 2019: The town's portion to complete and pay final bills for the I-70 underpass 13 May 21, 2019 - Page 214 of 246 2018 ongoing projects re-appropriated to 2019Includes additional or new 2019 projects (utilizing 2018 savings)2018 2018 Variance 1st 2019Amended Actual Fav/(Unfav) 2019 Supplemental AmendedTOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDEast LH Circle pathway to Dobson (VRA)93,560 - 93,560 - - - 2018: Planning and Design for project to Improve connection from the E Lionhead bus stop to Dobson originally scheduledin 2016; Project has been moved to unfunded pending the civic center master plan revisionDobson Plaza (VRA)100,000 - 100,000 - - - 2018: Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning/designoriginally scheduled in 2016; Project has been moved to unfunded pending the civic center master plan revisionSale of Property- - - - 18,000 18,000 Closing costs for sale of two properties (VVI Phase V Unit 2 and Chamonix Parcel D/E); plus some administrativecosts to bringing Parcel D/E through the PEC process to subdivide and update zoningUnderground Utility improvements2,188,066 1,491,391 696,675 - 696,675 696,675 2019: $50K for undergrounding electric between Glen Lyon office building and Liftside- see reimbursement above; $71K for CDOT project at I-70 underpass; $2.1M for Big Horn Rd and Intermountain Eastern portion projects to be completed in 2018 using Community Enhancement Funds ($1.1M reimbursement from the Holy Cross enhancement funds)Public Works Equipment Wash Down/WQ Improvements246,967 61,793 185,174 - 185,174 185,174 2019: Improvements to exterior wash area for large trucks to include small heated area to prevent ice buildup(safety issue ) and filtration of waste water Total Priority A: 36,617,133 23,398,143 13,218,990 12,576,100 10,714,769 23,190,869 Priority BReplace Buses3,229,587 2,964,563 265,024 - 265,024 265,024 2019: Re-appropriate $165K for spare bus part (included in original 2018 budget); Upgrade Nextbus transponders to 4G required for Nextbus software upgrade; 2018: 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus); Vail Health / TOV Frontage Road improvements 202,229 181,574 20,655 - 70,655 70,655 2019: Re-appropriate to complete design phase of Frontage Rd. improvements ($70.7K); 2018: Design phase of Vail Health/Frontage Rd improvements which includes a 3rd party review, utility potholing and public information based on VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; Design funded by Traffic Impact Fee funds; Original Plan:Total Priority B: 3,431,816 3,146,138 285,678 - 335,679 335,679 Priority CTransit Stop Improvements393,000 280,404 112,596 - - - 2018:Transit improvements at Vail Village Transit Center; Add pedestrian improvements, bus turning improvements to West Vail Arosa bus stop in West Vail; 2023: Transit Stop Improvements to coincide with Timber Ridge Phase II RedevelopmentGuest Services Enhancements/Wayfinding647,684 503,922 143,762 - 225,900 225,900 2019: $225.9K for new street signs and accompanying light poles town-wideTotal Priority C: 1,040,684 784,326 256,358 - 225,900 225,900 Total Expenditures46,901,410 30,435,545 16,465,865 16,658,295 12,901,548 29,459,843 Other Financing Sources (Uses)Transfer from Vail Reinvestment Authority5,202,023 4,599,998 602,025 3,050,000 798,281 3,848,281 2018: $3.5M Red Sandstone, $400K Lionshead Express Bus Stop, $206K Vail Spa heated sidewalk, $100K $500K I-70 underpass completion $100K LH parking structure improvements, $281K heated walk between ped overpass and First Chair ; 2019: $3.0M Red SandstoneTransfer to Housing Fund(2,573,550) (2,573,550) - (2,500,000) - (2,500,000) Transfer to Housing Fund; 1.5M per yearRevenue Over (Under) Expenditures(5,061,351) 13,663,722 18,725,072 (2,329,685) (10,220,384) (12,450,069) Beginning Fund Balance19,384,700 19,384,70014,323,349 18,725,072 33,048,422Ending Fund Balance14,323,349.34 33,048,422 11,993,664 20,598,352 14 May 21, 2019 - Page 215 of 246 Budget 2018 2018 Variance 2019 1st 2019 Amended Actual Fav/ (Unfav) Original Supplemental Amended Revenue Housing Fee in Lieu Annual Collections - 77,991 77,991 - - - Capital Projects Funding - New 2,573,550 2,573,550 - 2,500,000 - 2,500,000 Total Revenue 2,573,550 2,651,541 77,991 2,500,000 - 2,500,000 Expenditures InDEED Program 2,500,000 1,659,726 840,274 2,500,000 840,274 3,340,274 Town of Vail Rental Inventory 312,000 309,636 2,364 - - - Solar Vail Housing Development 4,225,000 - 4,225,000 - 4,225,000 4,225,000 Buy Down Housing 429,049 261,976 167,073 - 247,428 247,428 Total Expenditures 7,466,049 2,231,337 5,234,712 2,500,000 5,312,702 7,812,702 Operating Income (4,892,499) 420,203 5,312,702 - (5,312,702) (5,312,702) Beginning Fund Balance 4,892,499 4,892,499 - 5,312,702 5,312,702 Ending Fund Balance -$ 5,312,702$ -$ -$ TOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND 15 May 21, 2019 - Page 216 of 246 2018 ongoing projects re-appropriated to 2019Includes an additional or new request within 2019 project (utilizing 2018 savings)Proposed 20182018 Variance1st2019Amended Actual Fav (Unfav) 2019 Supplemental AmendedRevenueReal Estate Transfer Tax 6,430,000$ 7,649,013$ 1,219,013$ 6,300,000$ -$ 6,300,000$ 2019 flat with 2018 forecast (5 year average growth is 3.2%)Golf Course Lease165,000 141,605 (23,395) 166,650 - 166,650 Annual lease payment from Vail Recreation District; annual increase will be based on CPI until after first 3 years under new lease; then revenue share potential will be reviewed; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue235,847 968,865 733,018 1,170,000 398,398 1,568,398 2019: $300K Eagle County reimbursement for Lupine open space parcel; $5K grant for curbside recycling programs- See corresponding expenditure below; $24.3K reimbursement from ERWS for the Dowd Junction retaining wall- See corresponding expenditure below; $30K Fishing is fun grant (carryforward from 2018); $39K GoCo grant (carryforward from 2018); $150K reimbursement from ERWSC and $1M from Eagle County for restabilization of Down Junction; $20K lottery proceeds Project Reimbursements19,684 32,690 13,006 - - - 2018: $6K Contribution from the Nature Conservancy for Intermountain Fuels ProjectDonations182,457 50,188 (132,269) - 219,400 219,400 2019: $169.4K community funding for the Seibert Memorial- See corresponding expenditure below; $50K revenue recognition from East West Partners for Ford Park art space- See corresponding expenditure below; 2018: $28.4K donation from Vicki and Kent Logan Family Trust for installation of Lawrence Weiner art; $1K donation from Varlaufer HOA for Roger Staub park maintenance access improvements included in the capital maintenance budget; $1K donation from East West Partners for Sole Power prizes; $2.1K use of Sole Power DonationsRecreation Amenity Fees10,000 11,146 1,146 10,000 - 10,000 Earnings on Investments and Other57,759 165,916 108,157 43,991 - 43,991 0.7% rate assumed; 2019:$32K Reimbursement from bag fee collections for Clean-Up Day and America Recycles Day.Total Revenue7,100,747 9,019,422 1,918,675 7,690,641 617,798 8,308,439 ExpendituresOperationsForest Health Management271,918 231,468 40,450 296,311 12,938 309,249 Operating budget for Wildland Fire crew; 2019 Added .5 FTE for wildlandlead; Extra month of wildland crew to facilitate bighorn sheet habitat improvement project ($12.9K)Annual Park and Landscape Maintenance1,705,895 1,485,754 220,141 1,712,030 - 1,712,030 Ongoing path, park and open space maintenance, project mgmt; Managed Trails- - - - 48,000 48,000 Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), and a planning effort with the USFS to generate long-term solutions ($30,000). Management Fee to General Fund (5%)321,500 382,451 (60,951) 315,000 - 315,000 5% of RETT Collections - fee remitted to the General Fund for administrationTree Maintenance65,000 30,403 34,598 65,000 - 65,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasBetty Ford Alpine Garden Support69,700 69,700 - 69,700 - 69,700 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseNature Center Operations- - - 80,000 10,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesEagle River Watershed Support45,450 45,450 - 42,000 - 42,000 Annual support of the Eagle River Watershed Council programs with 1% increase for 2017Public Art - Operating111,201 112,700 (1,499) 123,456 - 123,456 Art in Public Places programmingEnvironmental Sustainability623,263 467,994 155,269 673,225 134,565 807,790 2019: Water Quality personnel converted from fixed term to fulltime; $5K for curbside recycling program- See corresponding reimbursement above; NEPA environment study approved by Council in 2018 ($75K); $20K 2018 carryforward to complete Love Vail webpage; $34.5K carry forward to continue waste education; 2018: $3.1K for Sole Power awards and prizes- see corresponding donations above; $6K for two new E-bikes for Town of Vail employee program; Environmental EMS system $34K ($12K re-appropriate from 2017, $22K new funding), $2K Local Climate Resolution approved 12/5, $5K Annual Rocky Mountain Climate Membership; Total Operations3,213,927 2,825,919 388,008 3,376,722 205,503 3,582,225 Maintain Town AssetsForest Health VHF Radios37,193 35,668 1,525 - - - 2018: 13 VHF radios for Wildland crew ($2,450/each) for incidents outside of Eagle County; Will enable communication with other agencies using this technology such as Summit CountyIntermountain Fuels Reduction74,328 32,186 42,142 - 42,442 42,442 2019: Intermountain Fuels Project $42.4K Street Furniture Replacement25,000 17,665 7,335 90,000 7,334 97,334 2019 includes pedestrian bridge inspection report ($25K), additional benches in Vail Village and bike racks ($7.3K); Annual replacement or capital repairs, benches, recycling and bike racks; 2020 includes pedestrian bridge recommendations contract ($15K)Rec. Path Capital Maint110,986 14,348 96,638 85,000 - 85,000 Capital maintenance of the town's recreation path systemPark / Playground Capital Maintenance236,076 213,959 22,117 125,000 10,000 135,000 Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance; 2019 includes $10K to replace and add additional drinking fountains and bottle filling stations at Vail parksTOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 16 May 21, 2019 - Page 217 of 246 2018 ongoing projects re-appropriated to 2019Includes an additional or new request within 2019 project (utilizing 2018 savings)Proposed 20182018 Variance1st2019Amended Actual Fav (Unfav) 2019 Supplemental AmendedTOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Adopt A Trail- - - 5,000 - 5,000 Adopt A Trail Council Contribution for trail in or bordering the TownBetty Ford Alpine Garden - Capital Contribution38,433 38,768 (335) - - - Contribution request to repair ADA pathways ($6K) and upgrade irrigation system ($19K)Total Maintenance522,016 352,594 305,000 59,776 364,776 Priority AVail Valley Drive Path Extension: Ford Park to Ptarmigan- - - 400,000 - 400,000 2019: Extension of Vail Valley Drive path to ease congestion and enhance pedestrian safetyVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building- - - 400,000 - 400,000 2019: Extension of Vail Valley Drive path to ease congestion and enhance pedestrian safetyFord Park: Softball Weather Shelter- - - 585,000 60,000 645,000 2019: Shelter at the Ford Park softball fields to provide weather and lighting protection for spectators and players ($645K); Add'l $60K requested for contingeny onlyFord Park Landscape Enhancement: Parking Lot/Sport Central Portal- - - 67,000 - 67,000 2019: DRB req'd parking lot plantings and landscape enhancements at Central Portal Pilot Project to reduce turf grass - - - 30,000 - 30,000 2019: Turf grass reduction project at Buffehr Creek. This project will be a pilot example of ways to reduce turf grass in areas across town resulting in water and maintenance savingsGore Valley Trail Bridge Replacement- - - 300,000 - 300,000 2019: Reconstruction of south bridge abutment due to significant scour and replacement of bridge structureCovered Bridge Pocket Park Rehabilitation- - - 87,000 - 87,000 2019: Streambank stabilization, riparian enhancements, walking surface replacement Nature Center Redevelopment262,740 228,790 33,950 400,000 33,950 433,950 2019: $434K Design new Nature Center Remodel/Structure- Construction of new Nature Center scheduled in 2020; 2018: Temporary Nature Center structure ($95.5K); Research on historical preservation and design ($17.8K); Exterior windows, doors, wood siding and slope roof ($69.8K);Open Space Land Acquisition150,000 152,687 (2,687) 50,000 600,000 650,000 2019: $600K purchase of Lupine parcel with Eagle County- see corresponding reimbursement above; $50K for open space surverys/studies; 2018: Acquisition of East Moran streamtract parcel; 2019/2023 $50K for open space surveys, studies, titling, and appraisalsStephens Park Safety Improvements150,000 - 150,000 300,000 - 300,000 2019: Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990'sGore Valley Trail Realignment - - - 50,000 - 50,000 2019: Design Gore Valley Trail Realignment at Lionshead gondola; 2020: Gore Valley Trail RealignmentWater Quality Infrastructure2,512,181 35,014 2,477,167 1,000,000 2,477,167 3,477,167 2019: Continuation of water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" includes $135K for water mitigation roof runoff grant at PW Streambank Mitigation703,222 79,886 623,336 100,000 548,336 648,336 2019: Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2019 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue abovePublic Art - General program / art623,342 139,534 483,808 85,000 512,798 597,798 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. Public Art - Winterfest23,595 23,594 1 30,000 18,085 48,085 Winterfest $30K per yearEast Vail Water Quality TAPS1,125,111 1,034,848 90,263 - 90,263 90,263 2018: East Vail Water Quality Improvements; $700K CDOT TAP grant funding budgeted in $700K- revenue will be rolled in Supp 3 2018East Vail Interchange Improvements1,423,960 630,406 793,554 - 793,554 793,554 2019: Continuation of landscaping design and construction of the interchangeDowd Junction repairs and improvements2,138,515 14,259 2,124,256 - 2,148,633 2,148,633 2019: Re-stabilization of Dowd Junction path ($2.15M); Includes $24.3K reimbursement from ERWS for the Dowd Junction retaining wall- See corresponding reimbursement above; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC); $150K reimbursement from ERWSC and $1M reimbursement from Eagle CountyFord Park Improvements & Fields 262,620 142,396 120,224 - 60,000 60,000 2019: Re-appropriate a portion of remaining funds to complete Ford Park landscaping improvementsStreamtract Education/Mitigation300,297 186,806 113,491 - 80,061 80,061 2019: Includes water quality and streamtract education, outreach, signage and marketing; private streambank fundingGore Creek Intrepative Singage75,000 75,000 2019: Phase I of Gore Greek Interpretive signageVail Transit Center Landscape125,000 17,867 107,133 - 107,133 107,133 2019: Completion of landscaping at Vail transit center to coincide with construction of additional bus lane at Vail TRC Golf Clubhouse & Nordic Center118,729 65,794 52,935 - 52,935 52,935 2019: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetChalet Road Sport Courts38,463 38,463 - - - 2018: Acoustic barriers to minimize noise at Chalet Road Sport CourtsSoft Surface Trails168,109 168,109 - - - 2018: Trail enhancements to coincide with Open Lands plan discussions17 May 21, 2019 - Page 218 of 246 2018 ongoing projects re-appropriated to 2019Includes an additional or new request within 2019 project (utilizing 2018 savings)Proposed 20182018 Variance1st2019Amended Actual Fav (Unfav) 2019 Supplemental AmendedTOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTALSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Gore Valley Trail Reconstruction Conoco to Donovan450,000 271,625 178,375 -25,000 25,0002019: Complete Gore Valley Trail Reconstruction between Conoco and Donovan Pavilion includes revegetation along Westtrail near Donovan PavilionNorth Recreation Path- Sun Vail to Pedestrian Bridge235,000 -235,000 -235,000 235,0002018: $235K for North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrianBridge to coincide with the Red Sandstone parking garage projectBighorn Park Improvements13,208 13,208 -- -2018: Drainage repairs and improvements near pavilion $13.2KFord Park Portal Improvements23,868 21,328 2,540 -2,540 2,540 2019:Final bills for improvements to Ford Park entry points ($2.5K)Seibert Memorial Statue300,000 -300,000 -300,000 300,000 2019: Pete Seibert Memorial statue- See corresponding community reimbursement aboveArt Space----50,000 50,000 2019: Design phase for Ford Park art space- see corresponding donation for East West aboveOpen Lands Plan404,623 38,197 366,426 -- -2018: Continuation of Comprehensive Open Lands Plan UpdateBooth Creek Park 40,000 40,000 -- -2018: $40K to modify foot traffic pattern in parkTotal Priority A11,592,583 3,083,030 8,509,553 3,884,000 8,270,455 12,154,455 VRD-Managed Facility ProjectsRecreation Enhancement Account305,094 -305,094 166,650 206,698 373,3482019: Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($141,604), Transfer $240K to golfcourse other Golf Clubhouse---65,000 - 65,000 2019: Wood trim replacement ($40K), AC and catering kitchen improvements ($30K)Golf Course - Other 1,007,141 735,745 271,396 176,396 511,396 687,792 2019: $511K for reconstruction of the golf maintenance buildings, improvements to the 14th and 15th hole bridges. and parking drainage improvements. Parking lot asphalt repairs ($10K), repair asphalt at maintenance building ($3K), replace roof on maintenance building ($161.2K), replace wood trim at maintenance building ($2.7K)Dobson Ice Arena471,311 -471,311 102,943 108,500 211,4432019: complete pavers and concrete slab replacement ($54K); rock wall repair ($10.5K); $44K roof snow removal; 2019:Repair exterior doors ($96K), window replacement ($7K)Ford Park / Tennis Center Improvements157,931 -157,931 -72,000 72,0002019: Complete replace gutters ($10.0K), Stain wood siding of concessions ($6.0K) and restrooms ($6.0K), $50K forrestroom remodelAthletic Fields 35,523 -35,523 -6,000 6,000 2019: Seal coat and crack fill in parking lot ($6K)Gymnastics Center52,089 14,496 37,593 -60,000 60,000 2019: Installation of cooling system in 2018 ($60K)Total VRD-Managed Facility Projects2,029,089 750,241 1,278,848 510,989 964,594 1,475,583 Total Expenditures17,357,615 7,011,784 10,345,831 8,076,711 9,500,328 17,577,039 Revenue Over (Under) Expenditures(10,256,868) 2,007,637 12,264,505 (386,070) (8,882,530) (9,268,600) Beginning Fund Balance11,142,913 11,142,913886,045 12,264,505 13,150,550Ending Fund Balance886,045$ 13,150,550$ 499,975$ 3,881,951$ 18 May 21, 2019 - Page 219 of 246 Budget 2018 2018 Variance 2019 1st 2019 Amended Actual Fav/ (Unfav) Original Supplemental Amended Revenue Business Licenses 275,000$337,602$62,602$ 275,000$-$ 275,000$ Transfer in from General Fund 2,186,120 2,186,120 -2,357,788 - 2,357,788 Earnings on Investments 1,500 4,718 3,218 3,000 - 3,000 Total Revenue 2,462,620 2,528,440 65,820 2,635,788 - 2,635,788 Expenditures Commission on Special Events (CSE) 846,980 850,990 (4,010) 893,648 - 893,648 Education & Enrichment 151,500 151,500 -151,500 - 151,500 Signature Events - Bravo!289,661 289,661 -289,661 - 289,661 Vail Jazz Festival 74,902 74,902 -74,902 - 74,902 Vail Valley Foundation - Hot Summer Nights 27,500 27,500 -27,500 - 27,500 Vail Valley Foundation - Dance Festival 53,562 53,562 -53,562 - 53,562 Vail Valley Foundation - Colorado Classic 110,000 110,000 --- - Burton US Open 490,000 490,000 -490,000 - 490,000 Snow Days 300,000 300,000 -300,000 - 300,000 Spring Back to Vail 130,000 130,000 -300,000 - 300,000 Restaurant Week ----- - Pioneer Weekend ----- - Vail Skating Event 20,000 20,000 --- - Vail Film Festival Activation ---- - Fireworks 52,015 33,810 18,205 52,015 18,205 70,220 Collection Fee - General Fund 20,000 16,880 3,120 13,750 - 13,750 Total Expenditures 2,566,120 2,548,805 17,315 2,646,538 18,205 2,664,743 Revenue Over (Under) Expenditures (103,500)(20,365) 83,135 (10,750) (18,205) (28,955) Beginning Fund Balance 323,607 323,607 220,107 83,135 303,243 Ending Fund Balance 220,107$303,243$209,357$274,288$ TOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING & SPECIAL EVENTS FUND 19 May 21, 2019 - Page 220 of 246 Budget Proposed 2018 2018 Variance 2019 1st 2019 Amended Actual Fav/ (Unfav) Proposed Supplemental Amended Revenue Town of Vail Interagency Charge 3,204,133$ 3,095,958$ (108,175)$ 3,350,058$ -$ 3,350,058$ Insurance Reimbursements & Other 10,000 29,862 19,862 10,000 - 10,000 Earnings on Investments 7,500 20,568 13,068 7,900 - 7,900 Equipment Sales and Trade-ins 130,483 99,015 (31,468) 189,170 - 189,170 Total Revenue 3,352,116 3,245,402 (106,714) 3,557,128 - 3,557,128 Expenditures Salaries & Benefits 1,186,555 1,101,076 85,479 1,173,804 - 1,173,804 Operating, Maintenance & Contracts 1,518,054 1,309,791 208,263 1,598,685 - 1,598,685 Capital Outlay 847,200 733,115 114,085 937,800 20,645 958,445 Total Expenditures 3,551,809 3,143,982 407,827 3,710,289 20,645 3,730,934 Revenue Over (Under) Expenditures (199,693) 101,421 301,114 (153,161) (20,645) (173,806) Beginning Fund Balance 1,854,998 1,854,998 1,655,305 301,114 1,956,419 Ending Fund Balance 1,655,305$ 1,956,419$ 301,114$ 1,502,144$ 1,782,613$ Budget 2018 2018 Variance 2019 Budget Actual Fav/ (Unfav) Budget Revenue Town of Vail Interagency Charge - Premiums 4,085,000$ 3,950,000$ 135,000$ 4,450,000$ Employee Contributions 715,000 773,461 (58,461) 715,000 Insurer Proceeds - - -20,000 Earnings on Investments 12,000 45,396 (33,396) 25,000 Total Revenue 4,812,000 4,768,857 43,143 5,210,000 Expenditures Health Inusrance Premiums 897,141 889,778 7,363 1,139,857 HC Reform Fee 18,300 - 18,300 20,500 Claims Paid 4,003,908 3,961,664 42,244 4,282,775 Short-term Disability Pay ---- Professional Fees 20,000 20,594 (594) 20,000 Total Expenditures 4,939,349 4,872,036 67,313 5,463,132 Revenue Over (Under) Expenditures (127,349) (103,179) (24,170) (253,132) Beginning Fund Balance 3,449,658 3,449,658 3,322,309 Ending Fund Balance 3,322,309$ 3,346,480$ 3,069,177$ HEALTH INSURANCE FUND TOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND TOWN OF VAIL 2019 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE 20 May 21, 2019 - Page 221 of 246 Budget 2018 2018 Variance 2019 1st 2019 Amended Actual Fav/ (Unfav) Original Supplemental Amended Revenue E911 Board Revenue 762,176$ 778,562$ 16,386$ 803,953$ -$ 803,953$ Interagency Charges 1,279,892 1,277,282 (2,610) 1,354,077 - 1,354,077 Other State Revenues 364,000 403,000 39,000 - - - Other County Revenues 4,981 12,360 7,379 - - - Town of Vail Interagency Charge 659,608 659,608 - 669,590 - 669,590 Earnings on Investments 6,050 22,678 16,628 6,168 - 6,168 Other - 1,262 1,262 - - - Total Revenue 3,076,707 3,154,753 78,046 2,833,788 - 2,833,788 Expenditures Salaries & Benefits 2,154,373 1,960,106 194,267 2,206,730 - 2,206,730 Operating, Maintenance & Contracts 521,604 468,264 53,340 533,884 - 533,884 Capital Outlay 669,500 432,221 237,279 - 181,080 181,080 Total Expenditures 3,345,477 2,860,590 484,887 2,740,614 181,080 2,921,694 Revenue Over (Under) Expenditures (268,770) 294,163 562,933 93,174 (181,080) (87,906) Beginning Fund Balance 1,138,864 1,138,864 870,094 562,933 1,433,027 Ending Fund Balance 870,094$ 1,433,027$ 963,268$ 1,345,121$ TOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 21 May 21, 2019 - Page 222 of 246 Budget 2018 2018 Variance 2019 1st 2019 Amended Actual Fav/ (Unfav) Original Supplemental Amended Revenue Rental Income 1,471,442 1,452,310 (19,132) 1,570,272 - 1,570,272 Other Income 23,487 12,906 (10,581) 19,346 - 19,346 Total Revenue 1,494,929 1,465,216 (29,713) 1,589,618 - 1,589,618 Expenditures Operating, Maintenance & Contracts 547,545 514,238 33,307 524,144 - 524,144 Capital Outlay 280,701 79,991 200,710 280,701 200,710 481,411 Total Expenditures 828,246 594,229 234,017 804,845 200,710 1,005,555 Operating Income 666,683 870,987 204,304 784,773 (200,710) 584,063 Non-operating Revenues (Expenses) Interest on Investments 1,866 12,008 10,142 12,000 - 12,000 Loan Principal Repayment to Capital Projects Fund (367,196) (367,196) - (372,704) - (372,704) Interest Payment to Capital Projects Fund (122,223) (122,221) 2 (116,638) - (116,638) (487,553) (477,409) 10,144 (477,342) - (477,342) Revenue Over (Under) Expenditures 179,130 393,578 214,448 307,431 (200,710) 106,721 Beginning Fund Balance 1,030,676 1,030,676 1,209,806 214,448 1,424,254 Ending Fund Balance 1,209,806$ 1,424,254$ 1,517,237$ 1,530,975$ TOWN OF VAIL 2019 PROPOSED BUDGET SUPPLEMENTAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND 22 May 21, 2019 - Page 223 of 246 Ordinance No.7, Series of 2019 ORDINANCE NO. 7 SERIES OF 2019 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, HOUSING FUND, AND TIMBER RIDGE HOUSING FUND OF THE 2019 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 20 19 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2018, adopting the 2019 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council tha t sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2019 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 301,055 Capital Projects Fund 12,901,548 Housing Fund 5,312,702 Real Estate Transfer Tax Fund 9,500,328 Marketing Fund 18,205 Dispatch 181,080 Heavy Equipment Fund 20,645 Timber Ridge Housing Fund 200,710 Total $ 28,436,273 Less Interfund Transfers (5,312,702) Net Total $ 23,123,571 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any May 21, 2019 - Page 224 of 246 Ordinance No.7, Series of 2019 reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of May, 2019, and a public hearing shall be held on this Ordinance on the 21st day of May, 2019, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Dave Chapin, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21st day of May 2019. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk May 21, 2019 - Page 225 of 246 CONTRIBUTION POLICY All contribution requests received by the Town of Vail will be processed in the following manner: A. All requests must be submitted electronically. Incomplete applications and supplemental information will not be accepted. THE TOWN COUNCIL WILL ONLY BE GIVEN YOUR COMPLETED APPLICATION FORMS. NO SUPPLEMENTAL INFORMATION WILL BE GIVEN TO THE TOWN COUNCIL. B. All applications for midyear funding shall be completed and submitted by April 9th by 5:00 P.M. C. The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the Town’s mission, and how this contribution will affect our resort community’s future health. The Town Council’s mission statement reads: In order to be the premier international mountain resort community, we’re committed to growing a vibrant, diverse economy and community, providing our citizens and guests with exceptional services and an abundance of recreational, cultural and educational opportunities. DISCLOSURE TO ALL APPLICANTS: Notification of awards will be sent after the Council reviews the midyear contribution requests in May. No money will be disbursed until after the supplemental appropriation is approved in May. GENERAL INSTRUCTIONS:All applications must be submitted by April 9th by 5:00 P.M. Any application received after that date will not be considered. Please complete all fields in this application. No hard copies are accepted. Name of Organization : Students Shoulder-to-Shoulder First Name of Contact Person : Robert Last Name of Contact Person : Bandoni E-mail Address : rbandoni@shouldertoshoulder.com Mailing Address : 3000 Booth Falls Rd. City : Vail State : US-CO Zip : 81657 Telephone Number : 9704716277 Members and Titles of your Governing Board : BOB BANDONI Executive Director rbandoni@shouldertoshoulder.com DR. BROOKS F. BOCK, MD Board President bfbock@aol.com CHRISTIANA BEVERIDGE Board Member christiana.beveridge@gmail.com ANDE BRILL Board Member Abrill@vailresorts.com MARIA GARCIA-CANNING Board Member mcannin9@maine.rr.com NIKKEN CULLMAN Board Member nikken.cullman@gmail.com DAVID DELINE Board Member deline.david@gmail.com MATT DUNNE Board Member mdunne@cathedralhighschool.net COLE GRASKAMP Board Member https://platform.zenginehq.com/workspaces/23268/data/95825?record=9... 1 of 3 4/15/2019, 12:42 PM Mid-Cycle Council Application May 21, 2019 - Page 226 of 246 cgraskamp@gmail.com LAUREN GRIFFIN Board Member Lauren.Griffin@gartner.com MICHAEL SLEVIN Board Member slevin@bhhscoloradoproperties.com PAT MCCONATHY Board Member plmcconathy@gmail.com RICHARD VOSSLER Board Member vosslerr@comcast.net DAVID WHITE Board Member dwhite5655@gmail.com MARK WILHELM Board Member mark@wilhelmfoundation.com NICH WILHELM Board Member nwilhelm231@gmail.com Organization Mission Statement : To inspire and support generations of ethical leaders. Organization fiscal year-end: : 2019-12-31 Are your books audited? : No Type of Funding Requested : Cash Funding Only Amount of Contribution Requested : $50,000 Why was this not part of the annual contribution request process for 2019 (Due June 30th)? : The Global Solutions Forum occurs during the third week of October (in 2019, October 23 – 25). In February of 2018, we began preparation for an expanded iteration of this event, moving from an “internal” gathering of our organization’s partner groups (past six years) to a public, broader inclusion of these same partner sectors: Business, Education, Non-profit, Philanthropy. “Inspiring and Supporting Ethical Leadership” – our organization’s mission - would be the Forum’s theme. Before including the TOV, we wanted to “test” the idea within a budget reasonably supported by our organizational resources. Expansion of the idea began with the inclusion of DU’s Daniels College of Business as an event partner (a co-host). Though discussions began in May (’18) the partnership was not solidified until September. We continued to build the event’s logistics with an in-kind sponsorship from the newly formed Colorado Sun. The Antlers at Vail expanded their yearly generosity (with both in-kind and discounted rooms), and Arrabelle offered their traditional, discounted rates for rooms and conference space. Additionally we relied on the generosity of some small businesses and the Borgen Family Foundation. In substance, the event included three published authors, four professors, and multiple speakers representing organizations from around the country. Two days of programming included keynotes, panel discussions, breakout sessions. The Forum model (four sectors at one conference; plenary and sector-specific topics), location, and theme inspired the attendees to encourage us to “go to the next level” of inclusion: thus, our reason for submitting this request at the mid-term. Why was this not part of the annual contribution request process for 2019 (Due June 30th)? : See above How will the contribution be used? : Last year, the Global Solutions Forum turned a corner from being an internal gathering of our organization’s partners to a one that demonstrated that there is a broad, growing audience in our mission and cross-sector partnership model, inspiring and supporting generations of ethical leaders. With this in mind, we are seeking early growth money to invest in the actual event and its operational costs. Perhaps more importantly, we are invested in expanding its draw pool and thus its impact in a way that will ensure its long-term success for our community. We will use the requested $50,000 to support the efforts of creating a world-class forum, primarily in ensuring our speakers are dynamic and reputable, building the market presence for it in the front range and other key markets, having committed experienced human capital to help organize and build the event. This support allows us to keep the entry price at a reasonable price point as we build our brand and slowly build the revenue streams that will allow the event in coming years to reach a higher level of fiscal independence through sponsorship. How does your request support item 1C of the Contribution Policy (See above) : The Global Solutions Forum has the potential to quickly evolve to a core, late fall event, attracting locals, front-range residents, and participants from around the country and beyond. Our organization’s current partner groups are the key incubators for launching a growth trajectory for the Forum: 1. Denver University’s Daniel’s College of Business: i. https://platform.zenginehq.com/workspaces/23268/data/95825?record=9... 2 of 3 4/15/2019, 12:42 PM May 21, 2019 - Page 227 of 246 They will be marketing the event through their extensive list of Denver and state wide businesses associated with their University; ii. They will be providing subsidy for their students to attend the event live and through live stream on campus; iii. They will be involved in creating the event’s programming – specifically for the business sector – by encouraging graduate students and professors to present research on pertinent topics related to ethical leadership. 2. Global Schools Coalition: i. School leaders from our partner schools attend annually and attract colleagues to the event. ii. School communities include: Portland, Maine; Boston, MA; Detroit, MI; Asheville, NC; NYC, NY; Alexandria, VA; Austin, TX; Fort Worth, TX; Dallas, TX; and Denver. iii. Our intention is to include representation from our local schools. 3. To date, our non-profit organizations represent communities across the US and from 8 nations around the world. Additionally, with thorough communication and clear messaging of pertinence to our valley residents, we hope to make this an annual event that our own community’s schools, businesses and their organizations, and non-profits value as stimulating, yearly anticipated, professional development. 4. A diverse philanthropic community – people and organizations – invested in the “big idea” – from locals to beyond – will be encouraged to attend and participate. 5. Beyond the DU connection to business, this event will be pertinent and enticing for local business invested in social responsibility. In additional to attracting a diverse audience of participants for this event, we see the potential for this event to create an umbrella for “satellite” events at other times of the year. For example, we would like to have a two-day event for high schools students. Another example is focused, targeted topics such as environment, equity, and technology: all under the umbrella of ethical leadership as the “big idea” for addressing related pressing issues. Our organization, Students Shoulder-to-Shoulder, presented at a national conference in NYC last month. This month we presented in Atlanta. In the early fall, we are hoping to present in Denmark. Our vibrant vision is being recognized in broader circles, with the Global Solutions Form being the annual incubator for growth. We see Vail as the perfect gathering place for our global and local community to advance this “big idea” in broader and broader circles of impact. We would be proud to expand Vail’s brand to include a destination to discuss social responsibility through ethical leadership. Please Upload Organization Balance Sheet : Report_from_Students_ShouldertoShoulder-1.pdf Please Upload Organization Income Statement : Report_from_Students_ShouldertoShoulder-2.pdf Submission Date : 2019-04-09 Linked Users 2019 : rbandoni@shouldertoshoulder.com Linked Form : Submission Date : 2019-04-09 Created by : integrations+23268@zenginehq.com Record ID # : 11650543 Last change : 2019-04-09T15:10:30+0000 https://platform.zenginehq.com/workspaces/23268/data/95825?record=9... 3 of 3 4/15/2019, 12:42 PM May 21, 2019 - Page 228 of 246 Addendum To SStS Grant Application With an aspirational eye toward building an event that will continue to broaden its attraction to individuals from across the country and beyond , SSTS would like to put supplemental revenue from the Town of Vail directly towards the areas we think can make a difference immediately on the impact and reach of the event. Specifically, there are four areas we would utilize the supplemental support from the Town of Vail to provide greater immediate impact to the event- and the future growth:  Event Organizing team. While SSTS is experienced in our field of youth ethical leadership programming and its attending cross-sector organizational model, putting on a conference at the level and magnitude we believe GSF can be, we would like to utilize an experienced team who will work not only on the organization of the event but assist in sponsorship acquisition and marketing ensuring the event meets its other revenue targets.  Keynote Speakers. In what can be a crowded space for gatherings, we believe getting the right keynote speakers will assist not only in the draw for the event but in the post- event elements we will be able to use from the right collection of speakers. Bill George, the author of True North (long-term professor, Harvard Business School; and valley part- time resident) and considered an original and vibrant voice for Ethical Leadership has indicated his willingness and availability to be one of our Keynote speakers. Our goals are to have two nationally/internationally recognized keynote speakers supporter by an additional 15+ presenters from the US and beyond. We believe the content that will come out of these sessions will inspire consideration and action related to ethical leadership across multiple contexts, giving the Forum a reach far longer than its two-day term.  Marketing. Colorado Sun has agreed to come on as a sponsor again for 2019 providing editorial content prior to and after the event. But the success of the Forum will need supplemental marketing, including paid marketing in key markets to begin the branding of the event and to attract new attendees in this coming year.  Quality. As a nonprofit, we understand how to cut corners to the bone. But in creating and building an event that can attract top thought leaders, we believe it will be beneficial to elevate some of the areas of service we provide, including food and beverage. Eventually, we will be able to charge more than $250 per attendee and be able to justify higher quality, but in these first years of building the event, we believe our cost for attendee may be close to or over the fee we can charge. We trust that all of the initiatives above will combine to make the Forum a welcomed, anticipated, annual event for locals as well: a vibrant, international gathering to inspire and support the fundamental force necessary for communities around the world, including our own, to move forward sustainably: ethical leadership. May 21, 2019 - Page 229 of 246 Line Account Actuals Budget Forecast1000 Sponsorship ‐ Title‐$                   25,000.00$            ‐$                   1050 Sponsorship ‐ Presenting 25,000.00$            ‐$                   1100 Sponsorship ‐ Leader‐$                   10,000.00$            ‐$                   1250 Sponsorship‐ Supporter‐$                   5,000.00$              ‐$                   1450 Miscellaneaous Revenue‐$                   500.00$                 ‐$                   1500 Ticket Sales‐$                   30,665.00$            ‐$                   1650 In Kind‐$                   15,000.00$            ‐$                   ‐$                   111,165.00$          ‐$                   2000 Professional Services‐$                   33,500.00$            ‐$                   2100 Food & Beverage‐$                   52,450.00$            ‐$                   2150 Hospitality Other‐$                   2,000.00$              ‐$                   2250 Labor ‐$                   21,000.00$            ‐$                   2300 Lodging‐$                   26,100.00$            ‐$                   2350 Marketing‐$                    ‐$                       2550 Supplies‐$                   3,000.00$              ‐$                   2600 In Kind‐$                    ‐$                        ‐$                   2650 Transportation‐$                   16,700.00$            ‐$                   2800 Venue‐$                   3,500.00$              ‐$                   ‐$                   158,250.00$          ‐$                   ‐$                   (47,085.00)$          ‐$                   Net TotalRevenue SubtotalExpense SubtotalBUDGET SUMMARYRevenue SummaryExpense SummaryMay 21, 2019 - Page 230 of 246 5/1/2019 1/9 Global Solutions Forum EVENT & APPLICANT OVERVIEW : 0. Email contact : rbandoni@shouldertoshoulder.com 1. What is the name of your event/program? : Global Solutions Forum 2. Please select the event category for your RFP. : Education & Enrichment (EE) 3. Is this a new event or program? : No 3a. How much was your event or program funded in 2018? : $0 4. Are you a first time submitter for the Town of Vail Commission on Special Events funding program? : No 5. Amount of 2019 funding requested : $15,000 5.a. Have you applied for Vail Town Council Funding or In-Kind support for 2019? : No 6. Proposed Event/Program Start Date : 2019-10-16 7. Proposed Event/Program End Date : 2019-10-18 7.a. If you have more than a single date range, please list all your event/program dates here in this format MM/DD: : 8. Are your event/program dates set or could they changed? : Event dates are flexible and can be changed 9. Name of person completing the application : Robert Bandoni 9a. Title of person completing the application : Executive Director 10. Provide name of person or entity to whom the funding check will be cut. : Students Shoulder-to-Shoulder 11. Mailing Address Street : 3000 Booth Falls Road 12. City : Vail 13. State : US-CO 14. Zip Code : 81657 15. Telephone number : 970-471-6277 16. Email address : rbandoni@shouldertoshoulder.com 17. Event/program and/or organization website : www.shouldertoshoulder.com 18. Number of years organization has been in business : 12 19. Organization's Mission Statement : inspire and support generations of ethical leaders. 20. Organization's Tax Status : Non-Profit (501C-3) 21. If applicable, please attach current State Department of Revenue Certificate with this application. : 501c3 EEY (1).jpeg 22. Does the event or program benefit a charity or organization? : Yes CSE Application May 21, 2019 - Page 231 of 246 5/1/2019 2/9 22a. Please name and describe the beneficiary : Students Shoulder-to-Shoulder - a Vail Valley based non-profit - inspires high school students through field studies in ethical leadership. These experiential learning courses are created in partnership with NGOs and non-profits working in conditions of poverty. We have partners in eight nations, across four continents. Three of these learning sites are in the United States. SStS's ultimate mission is to grow a network of ethical leaders, starting with these inspirational service-based experiences for high school students and continuing with a blend of inspiration, support, and education for alumni through their college years and into their professional careers. As an extension and in support of our work with individuals, SStS organizes a coalition of schools across the United States. This partner group contributes by guiding students toward our programming and teachers toward the opportunity to be trained to lead these experiences. Additionally, these schools agree to promote "ethical leadership" and "global citizenship" programming on their campuses through strategy and methodology aligned with their individual school cultures. EVENT DESCRIPTION : 1. Is this a new or existing event/program in Vail? : Existing 1a. How many years has the event or program been produced in Vail? : 6 1b. Please describe the location(s) of the event or program in previous years. : Located between Vail Mountain School and Antler's Hotel. In 2018, the event will be shared between Arrabelle and Antlers 2. Please provide a detailed description of the event/program and its activities. : The professional development event examines the challenges and benefits of "ethical leadership" in business, education, and the non-profit sector. The event and its programming is a joint effort between Students Shoulder-to-Shoulder and University of Denver's Daniels College of Business. Opening on a Wednesday evening and running through Friday afternoon, the event will include keynote speakers, panel discussions, presentations of current research, and workshop style sessions designed to inspire practical application of presented ideas in leadership. There will also be a workshop component for local schools and a local non-profit to initiate a long-term working relationship - one that leverages the relationship as education for local students (field study in ethical leadership) and operational support for the local non-profit. In 2018, the non-profit partner is Our Community Foundation. Thus far, Vail Mountain School and Vail Christian High School have joined this program. It has been introduced to the superintendent of Eagle County Schools. 3. Please list the specific venues that you plan to utilize, including dates and times, and whether or not you have contacted them to confirm availability. The Event Producer is responsible for booking and securing any necessary venues. : Antlers Hotel remains a constant throughout this event's history. Arrabelle will be a new partner in 2018. We expect to continue with these partners in 2019. Traditionally, this event has be held on a Wednesday - Friday, in the second or third week of October. 4. Do you plan to use Vail Recreation District Facilities? : No 5. If any of the event/program takes place outside of the Town of Vail, please explain where the event will take place and why. : All events will be in the TOV. ENVIRONMENTAL PRACTICES : 1. Which of these environmental practices will you commit to executing at your event/program? : Recyclable Materials No plastic bags Re-usable bags and bottles May 21, 2019 - Page 232 of 246 5/1/2019 3/9 Encourage bikes, etc Recycle Eco Friendly serving No Styrofoam 2. Please describe your commitment to environmental sustainability and detail measures that will be taken during your event to ensure minimal environmental impact and sustainable best practices. : As an indoor, professional development event, we will work with our host sites to ensure highs standards of environmentally sensitive standards. It's worthy to note that environmental stewardship is prominent thread in the consciousness and practice of SStS and our partners. EVENT/PROGRAM PARTICIPANTS : 1. Number of participants (athletes, artists, exhibitors, etc.) anticipated : 20 2. Number of volunteers needed : 5 3. Number of event/program staff : 4 4. Estimate of total number of spectators/attendees anticipated : 120 SCORECARD CRITERIA QUESTIONS : 1. EE - Brand Fit: How will your event support the mission and vision of the Vail Town Council? : The Global Solutions Forum is an international event that includes leaders from business, education, and non-profit sectors. At this point, the international representation comes from NGO and school leaders. The central topic - ethical leadership - will contribute to the professional development of these three sectors within the town of Vail and the Vail Valley, extending its reach nationally and internationally. The topic, addressing social responsibility through business, should, by extension, encourage local businesses to broaden and deepen their stewardship of the Valley. The training program that includes local schools and a local non-profit is meant to educate the "next generation" as ethical leaders while providing immediate support to the operational work of the local organization. In 2018, that organization is Our Community Foundation. 2. EE - Brand Fit: How will your event or program support Vail brand identity? : This educational event will be hosted by University of Denver's Daniels College of Business and Students Shoulder-to-Shoulder. As a deep look into the systematic development of ethical leaders, it is an educational/professional development opportunity addressing the role of business and education in addressing social needs through ethical leadership. The nature of this partnership and the attending topic contribute to the Vail brand as one of innovation, concern for ethical practices, and application of business beyond the single bottom line of profit. A core of the message is that the "awe factor" of Vail can be an incubator for ideas to have a positive impact on Valley life while extending to a broader, even international, reach. 3. EE - Potential: How will the event or program enhance Leadership Skills: locally, nationally and internationally? : The very reason for this Forum is to examine "ethical leadership" - practices across sectors that assume social responsibility as a critical role of business, education, and non-profits. Inherent in the message of this event is that a particular type of leadership, one that incorporates social responsibility into its definition of success, is at the core of sustainability and addressing current, pressing challenges. 4. EE - Potential: What opportunities does the event or program have to foster a health and wellness reputation for Vail? : Ethical leadership is grounded in principles of "living a life of purpose and compassion." It promotes the idea of business, non-profit, philanthropy, and education weaving social responsibility into their May 21, 2019 - Page 233 of 246 5/1/2019 4/9 organizational purpose. Inclusive of the broadest spectrum of stakeholders, ethical leadership is at the core of integrated institutions and communities. 5. EE - Potential: How will the event or program provide opportunities for intellectual dialogues and problem solving : The event format includes presentations and panel discussions. The intention is to provide both theoretical and academic perspectives on the topic of ethical leadership while examining the challenges and successes of current models. Through deliberately scheduled programming, the format will encourage dialogue/collaboration/networking among participants. Moreover, our aim is for this event to be a catalyst for continued dialogue - for institutions to see the potential in inclusive leadership, in "making a difference" in society, and the power of collaboration, within and between sectors. 4. EE - Potential: How will the event or program deliver an educational component? : The core of this event is educational. The most current research and practices will be presented, debated, and discussed by professors, and business and educational leaders. The event usually features at least one author. In 2018, the Bookworm (Edwards) will guide us in presenting a Forum "Bookstore" featuring attending authors' books as well as those in the genre of the topic. 5. EE - Event Timing: How is it the right event or program at the right time? : Early fall aligns with the start of school years, both at the secondary and collegiate levels. These institutions will be providing the core of our programming. 6. EE - Demographic Fit: How will your event/program attract target markets of both visitors and community members? : Both DU's Daniels College of Business and Students Shoulder-to-Shoulder have international students, partners, and target markets. Both institutions will leverage their communication channels to include a broad local -to-regional-to-international audience. With roots in the Vail Valley, SStS will be working through the major communication channels in the Valley to attract the local population. 7. EE - Community Enrichment: What is the lasting community involvement opportunity and/or lasting community benefit of the event or program? : The event will attract local businesses, schools, and non-profits, providing them the opportunity to learn with regional, national, and international colleagues from the same sectors. As stated above, the potential for lasting impact is in the gradual education and inspiration of local schools and businesses to see the benefits of ethical leadership and, by extension, the relationship between the health of their own institutions and that of the town. 8. EE - Growth Potential: How will the event or program deliver fresh content and enhanced experiences? : SStS and Daniels College of Business are actively involved in partnerships around the world. Both practitioners and academics combine to ensure research and practical application are vibrant and pertinent. 9. EE - Growth Potential: How will the event or program achieve recognition and drive participation? : Our expectation is that the DU - SSTS partnership, leveraging their broad range of associations, provides opportunity for unlimited scale. Already for 2019, we have two potential internationally known speakers - these, too, will have a major impact on driving participation. 10. EE - Marketing Strength: What is the marketing reach for the event or program? (Reach refers to the total number of different people or households exposed, at least once, to a medium during a given period.) : SStS is expanding its partner schools yearly across the United States. It is also expanding its business partners to businesses outside of the Valley and state. DU's reach is international. The market reach is expansive because of extensive local, regional, national, and international influence of both SStS and DU. 11. EE - Marketing Strength: How will the event or program leverage media and attract donor and sponsorship support? : Media will be primarily internet based, using the array of channels of both University of Denver and SStS. The broad attraction to the topic, ethical leadership, and its appeal across major sectors gives us May 21, 2019 - Page 234 of 246 5/1/2019 5/9 an advantage in attracting donors and sponsors. The target donors and sponsors are businesses and philanthropists. 12. EE - Producer Qualifications: Explain the event or program producer ’s quality, knowledge and resources to sustain and grow the event. : As two non-profit entities, we use a team approach to produce the event. Members from each organization work throughout the year to build the programming and secure outsources resources (e.g. general consultants; hotel event organizers). As an event that has a core of participants from the sponsoring institutions (i.e. DU and SStS), we remain confident in the sustenance of the event. The growth over the past few years proves to be "organic," a combination of the institutional growth of SStS, the formed partnership between SStS and DU, and "word-of-mouth." 13. EE - Please upload course syllabus, class descriptions or program details. : TOV Grant.pdf EVENT ECONOMIC IMPACT : 1. Potential benefits to the Town of Vail - Estimate number of room nights for your event or program. : 110 2. Potential benefits to the Town of Vail - Potential benefits to the Town of Vail - Estimate increased spending generated by your event or program. : $10,000 Example: Increased spend by attendees in restaurants, shops, lodging or activities. 3. Potential benefits to the Town of Vail - What estimated return on investment (ROI) in dollars should the Town of Vail expect? : $10,000 ROI in this case refers to for each dollar the event/program is funded, how many dollars will be received by the Town of Vail from event impact.) Example: Estimated ROI - Formula: # of attendees x total average spending = $ (2000 attendees) x ($240 daily spend ) = $480,000 4. Explanation of how you will direct prospective attendees to book lodging within the Town of Vail and a description of how you will track the number of lodging nights generated. REMINDER: Per the CSE funding agreement, the event producer is REQUIRED to direct attendees to book in Town of Vail hotels and lodges. : We use the Eventbrite registration platform that allows for booking discounts in the two sponsoring hotels, Antlers and Arrabelle. The hotels will record the number of bookings for the event and extra nights recorded for attendees increasing their days in town post event. BUDGET : Using the provided budget template, provide a detailed estimated event/program budget, including anticipated revenues and expenses. 1. Describe how you will use the funds requested from the CSE. : 1. Defray cost of keynote speakers 2. Provide scholarships for local educators, students, and businesses 3. Local advertisement/marketing 2. Please upload the provided complete event/program budget template here. : 2019 RFP Event Budget Template FINAL.xlsx 3. What percentage % of the total event/program budget is the CSE being asked to fund? : 26 4. If the event/program is not funded at full request, how will the event change with a lower funding allocation? : We rely on funding to attract broadly known and high quality speakers. Though the conference fees are relatively inexpensive, we want to offer discounted rates to locals - students, educators, non-profits, and small business owners. 5. Should the CSE decide not to support this event/program at all, will it still occur? : Yes May 21, 2019 - Page 235 of 246 5/1/2019 6/9 6.What dollar amount of the total event/program revenue do you expect the event itself to generate? (ticket sales, merchandise, food and alcohol sales, etc.) : 63,985 7. Do you intend to host the event or program in Vail beyond 2019? : Yes 7a. How many years beyond 2019? : 4+ 7b. Do you anticipate requesting funding from the CSE for 2020? : Yes MARKETING : Please upload your event/program marketing plan and budget, include strategy, channel, method, budget and execution dates. : GSF 2018_marketing plan.pdf 1. Objectives: What are you trying to accomplish through your marketing efforts? : Our marketing is meant to attract both attendees and sponsors. Targets are both internal partners of DU (which includes their broad reach to the business community in Colorado) and SStS (this is an international reach) and external, mostly focused on Vail Valley businesses, non-profits, and educators. 2. Strategy: How will you meet your objectives? : Our marketing strategy utilizes traditional channels, with a primary emphasis on social media. The primary channels will be those of both DU and SStS, heavily active throughout the calendar year. 3. Audience: Who is your audience? (You may choose more than one.) : First time visitors Returning guests Primary and Second Homeowners Local residents 4. Activation: Detail in town/in village activation opportunities to promote your event or program. (Definition of Activation: Create an expanded presence throughout the community and stimulate the participation of the merchants, restaurants, bars and lodges.) : We believe involvement of this segment of the community is vital, for they are not only at the center of the events hosting but they are central to the very topic of the event - ethical leadership, which includes such challenges as social responsibility through business. Each year of the event we hope to include some local business leaders in the direct programming, either as speakers, panel participants, or general attendees. 5. Channels: Which of these channels will you utilize to promote your event or program? (You may select more than one.) : Print - Local Print - Regional Editorial Radio Online Event Listings E-newsletters Web Media Plan/Public Relations May 21, 2019 - Page 236 of 246 5/1/2019 7/9 Grassroots Facebook Instagram Signage – Banners, etc Co-promotions Partnerships Local Vail Businesses 6. Please list contact information for your Media Relations or Public Relations staff or firm. 6a. Name : Ceil Folz Consulting 6b. Telephone Number : 970-331-6020 6c. Email Address : ceil@cfcvail.com SPONSORSHIPS & PARTNERSHIPS : 1. What is the dollar $ amount of sponsorships and/or partnerships from other sources reflected in the event/program budget? : $50,000 1a. What is the dollar $ amount of in-kind services or items provided from sponsors or partners? : $15,840 2. Please list your confirmed sponsors or partners. : Please note: these are the sponsors for 2018. Because our event occurs late in the year (end of October), we have to speculate that these sponsors and partners will remain wth us for 2019. University of Denver Daniels College of Business Borgen Family Foundation Antlers Hotel Arrabelle Hotel 3. Please explain the potential for additional sponsorships or partners. : We came to the partnership with DU late in the year for the 2018 event. Even in the short period of time we announced our partnership, we have had a great deal of interest from speakers and potential sponsors for 2019. 4. Please upload your sponsorships/partnerships presentation, pitch deck or letter. (Document sent to prospective partners or sponsors which provides benefits for participating in your event/program.) : 2018GSF_Sponsorship_compressed.pdf REQUEST FOR FACILITY RENTAL FEE RELIEF FROM THE TOWN OF VAIL : This form does not guarantee approval of requested listed facilities. This is your ONLY opportunity to apply for 2018 rental relief for facilities, no other requests will be accepted.Please note that certain town services are not available as in-kind, such as permit fees, barricade rental, banner fees, extra duty police officers, Zero Hero,etc. 1. Do you need facility rental relief? : No ADDITIONAL INFORMATION : Are there any questions you have for the CSE or other things you'd like to share with the board that are not included in the application? : The information in this application includes a great deal of speculation, primarily because our 2018 event has yet to occur. The data, however, is based on 2017 and the that which is available to us at this time. We do believe that partnering with University of Denver brings a more sophisticated dimension to this May 21, 2019 - Page 237 of 246 5/1/2019 8/9 event that will ultimately add to its draw, cache, and sustainability. Note: I was not clear on the the ROI formulae for the TOV. I am certain, however, that because our event is mostly contained within two hotels, the ROI, measured in funds, is limited. REQUIRED ATTACHMENTS : 2018 Event Recap : TOV CSE2016.pptx Organization rosters naming all officers, board of directors and respective positions as relevant : 2018 - 19 Board of Directors.docx OPTIONAL ATTACHMENTS : List any URLs where additional information can be found, including photos, videos or other content relevant to your application. : https://shouldertoshoulder.com/gsf2018/ Upload any other relevant materials such as: event photos, videos, PR coverage, articles, sample event branding : Educator Press Release.pdf Upload any other relevant materials such as: event photos, videos, PR coverage, articles, sample event branding : Business Invite 9.7 (1).pdf Upload any other relevant materials such as: event photos, videos, PR coverage, articles, sample event branding : School Invite 2.pdf RFP QUESTIONS AND KEY MEETING DATES : We encourage questions about the RFP to be sent via email to Ernest Saeger - esaeger@vailgov.com. Phone calls for further discussion can be scheduled over email as well.Monday, August 27: Questions about the RFP are due via email to esaeger@vailgov.comFriday, August 31: Submitted questions and answers will be emailed to applicants.Wednesday, October 3: Regular CSE Meeting, Recaps will be presentedWednesday, October 10: Qualifying applications will be reviewed and producers interviewed by the CSE at a special meeting.Wednesday, October 17: Final funding allocations will be determined by the CSE at a special meeting.Tuesday, November 6: The Town Council will review the CSE funding allocations.Wednesday, November 7: Regular CSE MeetingThursday, November 8: Applicants will be notified of their preliminary funding allocations.Monday, December 17: Applicants will be notified of their final funding status after the last date for the Vail Town Council to call up any funding decisions. --->The "Save Draft" button below allows you to save your application and come back to work on it again. --->The "Save" button is for when your application is complete and ready to submit. ---> Your application has not been formally submitted until you navigate to the Menu page and click "Submit Request". You will receive a confirmation email once your application has been submitted.<--- May 21, 2019 - Page 238 of 246 VAIL, COLORADO Sponsored by OCTOBER 23-25, 2019 May 21, 2019 - Page 239 of 246 W H A T D O E S T H E G L O B A L S O L U T I O N S F O R U M D O F O R V A I L ? B r o a d e n s V a i l B r a n d w i t h u n i v e r s a l a n d p r o f e s s i o n a l d e v e l o p m e n t e d u c a t i o n : A p p e a l s t o c r o s s -s e c t o r c o l l a b o r a t i o n i n b u s i n e s s , e d u c a t i o n , n o n -p r o f i t , a n d p h i l a n t h r o p y E n r i c h e s E a g l e C o u n t y S c h o o l s t h r o u g h t a r g e t e d p r o f e s s i o n a l d e v e l o p m e n t f o r s c h o o l l e a d e r s a n d s t u d e n t l e a d e r s E n g a g e s V a i l b u s i n e s s c o m m u n i t y i n i n t e r n a t i o n a l d i a l o g u e o n t h e r o l e o f b u s i n e s s i n s o c i a l r e s p o n s i b i l i t y A p p e a l s t o V a i l ’s f u l l a n d p a r t t i m e h o m e o w n e r s D r a w s a t t e n t i o n t o V a i l d u r i n g m i d -f a l l C O M M U N I T Y I M P A C T October 23-25 | Vail, Colorado Sponsored by May 21, 2019 - Page 240 of 246 W H E R E I S T H E G L O B A L S O L U T I O N S F O R U M H E A D E D ? DU’s Daniel’s College of Business Colorado Sun Expanded programming to enrich appeal to all sectors 2018 SERVED AS A BETA TESTING OF THE CONCEPT THROUGH ADDITION OF TWO MAJOR SPONSORS: Appealing to valley school district and local business organizations Expanding Denver targets through DU channels and Colorado Sun Businesses (e.g. B-Corps) Net Impact (student group) CSR Certificate Program (student group) 2019: 175 ATTENDEES ON SITE FOR 2.5 DAYS (WED – FRIDAY) WITH HOTEL/RESTAURANT ATTRACTION FOR EXTENDED WEEKEND STAY October 23-25 | Vail, Colorado Sponsored by May 21, 2019 - Page 241 of 246 W H E R E I S T H E G L O B A L S O L U T I O N S F O R U M H E A D E D ? I n c r e a s e A t t e n d a n c e I n 2 0 2 0 – 2 0 2 1 b y 4 0 % I n c r e a s e A t t e n d a n c e b y S e g m e n t (A l l F o u r S e c t o r s ) – a c r o s s U S a n d I n t e r n a t i o n a l l y : B u s i n e s s , E d u c a t i o n , P h i l a n t h r o p y a n d N o n p r o f i t s S e l f -S u s t a i n i n g : “B a l a n c e d ” B u d g e t - I n c r e a s e S p o n s o r s h i p s t h r o u g h b u s i n e s s a n d p h i l a n t h r o p y E s t a b l i s h t h e e v e n t i n V a i l a s t h e o n l y I n t e r n a t i o n a l F o r u m a d d r e s s i n g e t h i c a l l e a d e r s h i p t h r o u g h c r o s s -s e c t o r c o l l a b o r a t i o n . L e v e r a g e t h e V a i l B r a n d – a d e s t i n a t i o n f o r i n s p i r a t i o n t o i m p r o v e s o c i e t y t h r o u g h c o l l a b o r a t i o n a c r o s s s e c t o r s . October 23-25 | Vail, Colorado Sponsored by May 21, 2019 - Page 242 of 246 E C O N O M I C I M P A C T October 23-25 | Vail, Colorado Sponsored by $ 3 3 ,5 0 0 .0 0 $ 5 2 ,4 5 0 .0 0 $ 2 ,0 0 0 .0 0 $ 2 1 ,0 0 0 .0 0 $ 2 6 ,1 0 0 .0 0 $ 1 0 ,0 0 0 .0 0 $ 3 ,0 0 0 .0 0 $ 1 6 ,7 0 0 .0 0 $ 3 ,5 0 0 .0 0 P r o f e s s i o n a l S e r v i c e s F o o d & B e v e r a g e H o s p i t a l i t y O t h e r L a b o r L o d g i n g M a r k e t i n g S u p p l i e s T r a n s p o r t a t i o n V e n u e $ 1 6 8 ,2 5 0 .0 0 I t e m V a l u e $ 3 5 ,0 0 0 .0 0 $ 4 ,0 0 0 .0 0 $ 6 ,0 0 0 .0 0 L o d g i n g F o o d & B e v e r a g e R e t a i l $ 4 5 ,0 0 0 .0 0 I t e m V a l u e D I R E C T I N D I R E C T E x p e n s e S u b t o t a l : E x p e n s e S u b t o t a l : May 21, 2019 - Page 243 of 246 M E D I A I M P A C T (O U T R E A C H ) Daniels College of Business Morgridge College of Education Josef Korbel School of International Studies DENVER UNIVERSITY (COMMUNICATION CHANNELS) COLORADO SUN VAIL DAILY SSTS PARTNER SCHOOLS (COMMUNICATION CHANNELS) SSTS NETWORK (COMMUNICATION CHANNELS) October 23-25 | Vail, Colorado Sponsored by Boston (MA), Portland (ME), New York (NY), Alexandria (VA), Asheville (NC), Detroit (MI), Fort Worth (TX), Dallas (TX), Austin (TX), Denver (CO), Vail (CO), Guadalajara (MX) Business Partners, NGO Partners, Philanthropists May 21, 2019 - Page 244 of 246 T H A N K Y O U May 21, 2019 - Page 245 of 246 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment at 9:50 p.m. (est.) May 21, 2019 - Page 246 of 246