HomeMy WebLinkAbout2020-01-21 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, January 21, 2020
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 (10 min.)
2.Consent Agenda (5 min.)
2.1.Resolution No. 3, Series of 2020, a resolution authorizing the release of a
deed restriction at 375 Mill Creek Circle in exchange for a new deed
restriction to be recorded at 4192 Spruce Way/Altair Vail I nn, Unit 205A.
Presenter(s): George Ruther, Housing Director
Background: Section 12-13-5 of the Vail Town Code authorizes the
exchange of existing E HU deed restrictions, subject to verification of
compliance with prescribed requirements. Town staff has verified that the
proposed request complies with each of the prescribed requirements.
Staff Recommendation: The Vail Local Housing Authority recommends the
Vail Town Council approves Resolution No. 3, Series of 2020, as read
3.Town Manager Report (10 min.)
4.Executive Session
4.1.Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b)(e) - to receive
legal advice on specific legal questions; and to determine positions, develop
a strategy and instruct negotiators, regarding: update on pending litigation
Town of Vail, Vail Beauty Corp. v. Town of Vail, case number: 1:19-cv-
02790-C MA-GP G; 2) C.R.S. §24-6-402(4)(e) - to determine positions,
develop a strategy and instruct negotiators, regarding: potential deed
restricted housing sites
20 min.
Presenter(s): Matt Mire, Town Attorney
5.Any action as a result of executive session
6.Adjournment
6.1.Adjournment 6:50 pm estimate
January 21, 2020 - Page 1 of 12
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January 21, 2020 - Page 2 of 12
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. 3, Series of 2020, a resolution authorizing the release of a deed
restriction at 375 Mill Creek Circle in exchange for a new deed restriction to be recorded at 4192
S pruce Way/A ltair Vail I nn, Unit 205A.
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Resolution No. 3, S eries of 2020
B AC K G RO UND: S ection 12-13-5 of the Vail Town Code authorizes the exchange of existing
E HU deed restrictions, subject to verification of compliance with prescribed requirements. Town
staff has verified that the proposed request complies with each of the prescribed requirements.
S TAF F RE C O M M E ND AT IO N: T he Vail L ocal Housing Authority recommends the Vail Town
Council approves Resolution No. 3, Series of 2020, as read
AT TAC H ME N TS:
Description
Resolution No. 3, Series of 2020 E H U Exchange Request Memorandum
Resolution No. 3, Series of 2020 E H U Exchange 01212020
January 21, 2020 - Page 3 of 12
To: Vail Town Council
From: Vail Local Housing Authority
Date: January 21, 2020
Subject: Resolution No. 3, Series of 2020, a resolution authorizing the release of a deed-
restriction from a dwelling unit, located at 375 Mill Creek Circle (“exchange EHU”)
in exchange for the recording of an employee housing deed-restriction at Altair
Vail Inn, Unit 205A / 4192 Spruce Way Unit 205A (“proposed EHU”), pursuant to
Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program,
Vail Town Code.
1. SUMMARY
The purpose of this memorandum is to forward the recommendation of the Vail Local
Housing Authority on a request to release and exchange an existing EHU deed
restriction. This request is in specific reference to the residential properties located at
375 Mill Creek Circle and 4192 Spruce Way, Altair Vail Inn, Unit 205A.
Upon review of the EHU exchange criteria, and other factors highlighted in the staff
memorandum to the Vail Local Housing Authority, the Authority members voted
unanimously (3-0) to recommend approval of the EHU exchange request, as proposed.
In doing so, the Vail Local Housing Authority found that the EHU exchange request
complies with the criteria prescribed in the Vail Town Code.
If authorized by the Vail Town Council, the Town staff will take the steps necessary to
release the existing EHU deed restriction at 375 Mill Creek in exchange for the
proposed EHU deed restriction at 4192 Spruce Way, Altair Vail Inn, Unit 205A.
2. ACTION REQUESTED
The Vail Town Council is being asked to approve Resolution No. 3, Series of 2020, as
read.
Does the Vail Town Council support the recommendation of the Vail Local
Housing Authority?
January 21, 2020 - Page 4 of 12
Resolution No. 3, Series of 2020
RESOLUTION NO. 3
SERIES OF 2020
A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT
BETWEEN THE TOWN OF VAIL AND ELIZABETH ROSS JOHNSON AMENDED
AND RESTATED REVOCABLE TRUST; 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, Elizabeth Ross Johnson Amended and Restated Revocable Trust is
the owner of that certain property (“the Property”) located within the Town of Vail,
Eagle County, Colorado, with a physical address of 375 Mill Creek Circle, Vail, Colorado
81657;
WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against
the Property for the sole purpose of creating an employee housing unit within the Town
of Vail as provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the
records of the Clerk and Recorder of Eagle County, Colorado on September 15, 1994
at Reception No. 546050;
WHEREAS, The Town is the beneficiary of said Restrictive Covenant;
WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail
Town Code, wish to mutually release the Restrictive Covenant in exchange for the
placement of an employee housing deed restriction on Altair Vail Inn, Unit 205A/ 4192
Spruce Way, Vail, Colorado 81657 (the “Proposed EHU”); and
WHEREAS, the Vail Local Housing Authority has reviewed the request and forwards
its recommendation of approval to the Vail Town Council.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Mutual Release of Restrictive
Covenant and authorizes the Town Manager to execute the Mutual Release of
Restrictive Covenant Agreement on behalf of the Town in substantially the same
form as attached hereto as Exhibit A and in a form approved by the Town
January 21, 2020 - Page 5 of 12
Resolution No. 3, Series of 2020
Attorney.
Section 2. This Resolution shall take effect immediately upon the recording of
an employee housing deed restriction in a form approved by the Town on the
Proposed EHU.
January 21, 2020 - Page 6 of 12
Resolution No. 3, Series of 2020
INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of
January, 2020.
ATTEST:
Dave Chapin, Mayor
Tammy Nagel, Town Clerk
January 21, 2020 - Page 7 of 12
Resolution No. 3, Series of 2020
EXHIBIT A
January 21, 2020 - Page 8 of 12
Page 1 of 2
MUTUAL RELEASE OF RESTRICTIVE COVENANT
THIS RELEASE is made and entered into this 21st day of January, 2020 by and between
Elizabeth Ross Johnson Amended & Restated Revocable Trust, hereinafter referred to as
“RELEASEE” and the Town of Vail, a Colorado Municipal Corporation, hereinafter referred to as
“RELEASOR”.
WHEREAS, Releasee is the owner of that certain property (“the Property”) located within
the Town of Vail, Eagle County, Colorado, with a physical address of 375 Mill Creek Circle, Vail,
Colorado 81657;
WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the
Property for the sole purpose of creating an employee housing unit within the Town of Vail as
provided in Chapter 12-13, Vail Town Code;
WHEREAS, said Restrictive Covenant was recorded against the Property in the records
of the Clerk and Recorder of Eagle County, Colorado on September 15, 1994 at Reception No.
546050;
WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and
WHEREAS, at the public meeting held on January 21, 2020, and pursuant to Section 12-
13-5 of the Vail Town Code, the Town Council of the Town of Vail, Colorado (“Town Council”)
approved the release of the Restrictive Covenant in exchange for the placement of an employee
housing deed restriction on Condominium Unit 205-A, Altair Vail Inn Condominiums, Vail,
Colorado 81657.
NOW THEREFORE, in consideration of the mutual terms and provisions herein below set
forth, and other good and valuable consideration, the receipt and adequacy of which is hereby
confessed and acknowledged to, the parties agree:
1. The Town Council approved the release of the Restrictive Covenant on January 21, 2020
via Resolution 3, Series of 2020.
2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in the
office of the Clerk and Recorder of Eagle County, Colorado at Reception No. 546050 and
dated September 15, 1994 and hereby releases Releasee from all duties and obligations
of said Restrictive Covenant.
3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or
otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no
further restrictions imposed by Releasor.
4. Upon execution of the Release, Releasee shall be free to reside in and use the Property
with no further restrictions imposed by the Releasor.
5. This Release shall be permanent and shall run with the land and shall not be waived,
abandoned, amended, or terminated and shall inure to the benefit and be binding upon
the parties, their respective grantees, successors, or assigns.
January 21, 2020 - Page 9 of 12
Page 2 of 2
6. This Release constitutes the entire agreement between the parties with respect to the
subject matter hereof, and there are no inducements, representations, warranties, or
understandings that do not appear within the terms and provisions of the Release. This
Release may be modified only in writing, signed by both parties.
7. This release shall be recorded in the real property records of Eagle County, Colorado and
the provisions of this Release shall be governed by the laws of the State of Colorado,
including any action arising out of this Release.
8. If any provisions of this Release shall be held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect. This Release has been negotiated by the parties and their respective counsel and
shall be interpreted fairly in accordance with its terms and without any strict construction
in favor of or against either party.
RELEASOR:
TOWN OF VAIL, a Colorado Municipal Corporation
By:
Scott Robson, Town Manager
ATTEST:
Tammy Nagel, Town Clerk
RELEASEE:
By:
Elizabeth Ross Johnson Amended & Restated
Revocable Trust, Current Owner
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2020
by .
Notary Public:
My Commission Expires:
January 21, 2020 - Page 10 of 12
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: Executive Session, pursuant to: 1) C.R.S . §24-6-402(4)(b)(e) - to receive legal
advice on specific legal questions; and to determine positions, develop a strategy and instruct
negotiators, regarding: update on pending litigation Town of Vail, Vail B eauty Corp. v. Town of Vail,
case number: 1:19-cv-02790-C MA-G P G; 2) C.R.S . §24-6-402(4)(e) - to determine positions,
develop a strategy and instruct negotiators, regarding: potential deed restricted housing sites
P RE S E NT E R(S ): Matt Mire, Town Attorney
January 21, 2020 - Page 11 of 12
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 6:50 pm estimate
January 21, 2020 - Page 12 of 12