HomeMy WebLinkAbout2021-03-02 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 T IN G
E vening Agenda
Virtual
6:00 P M, March 2, 2021
Meeting to be held Virtually (access H igh Five Access Media
livestr eam https://www.highfivemedia.org/live-five the day of
the meeting and visit https://www.vailgov.com/town-council to
participate in public comment)
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will
consider an item.
Public c omment will be taken on eac h agenda item.
Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town
services, polic ies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citiz en Participation (10 min.)
1.1.Citizen Partic ipation
2.Any action as a result of executive session
3.P roclamations
3.1.Proc lamation No. 1 Series of 2021, One Book, One Valley 2021
Community Read Sponsored by the Towns of Avon, Eagle Gy psum,
Minturn, Red Cliff and Vail
10 min.
Presenter(s): Dave Chapin, Mayor
Bac kground: This year marks the 10th Anniversary of the One Book, One
Valley event. One Book, One Valley is a valley -wide community read that is
sponsored by the Towns of Avon, Eagle, Gy psum, Minturn, Red Cliff, Vail
and the C ounty of Eagle. This y ear's featured book is the National Best
Seller "Lab Girl"
4.Consent Agenda (5 min.)
4.1.Resolution No. 9, Series of 2021, A Resolution of the Vail Town Council
Repealing Resolution No. 39, Series of 2020 and Resolution No. 44, Series
of 2020, to Revoke the E xtensions of the Approved Development,
Conditional Use Permit and Final Design for the Booth Heights Projec t,
and Providing a New Extension of such Approvals Through November 20,
2023
Action Requested of Counc il: A pprove, approve with amendments or deny
Resolution No. 9, Series of 2021
March 2, 2021 - Page 1 of 136
Bac kground: Appealing Resolution 39 and 44, to Revoke the E xtensions of
the Approved Development Plan, Conditional Use Permit and Final Design
for the Booth Heights Project, and Providing a New Extension of Suc h
Approvals Through November 20, 2023
Staff Rec ommendation: A pprove Resolution No. 9, Series of 2021
4.2.Resolution No. 11 Series 2021, A Resolution Approving an
I ntergovernmental Agreement B etween the Town of Vail and the Eagle River
W ater and Sanitation D istrict Regarding the Construction of a W ater Main
within the South Frontage Road and the South Frontage Road W idening
and the Roundabout Project
Action Requested of Counc il: A pprove, approve with amendment or deny
Resolution No. 11 Series 2021
Bac kground: Resolution No. 11 Series 2021 authorizes the Town to enter
into an I ntergovernmental Agreement with E RW S D to c ost share
improvements in the South Frontage Road Roundabout P rojec t to relocate
ERW S D 's water main.
Staff Rec ommendation: Approve Resolution No. 11 Series 2021
4.3.Resolution No. 12, Series of 2021, A Resolution Approving a Lease
Agreement with the Vail Park and Recreation District for the Vail
Gy mnastic s Center
Action Requested of Counc il: A pprove, approve with amendments or deny
Resolution No. 12, Series of 2021
Bac kground: The Town is the owner of c ertain real property and the
improvements thereon located at 545 North Frontage Road, Vail, C olorado
and commonly known as the Town of Vail Gy mnastics Center. The Vail
Rec reation District uses the gymnastic center under existing lease and use
agreements which are expiring. The Town and the V RD wish to enter into
new lease and use agreements.
Staff Rec ommendation: Approve Resolution No. 12, Series of 2021
4.4.United Companies Contrac t Award for the South Frontage Road
Roundabout Project Construc tion
Action Requested of Counc il: Award C ontrac t to United Comapanies
Bac kground: The South Frontage Road Roundabout P rojec t will widen the
South Frontage Road to four lanes with sidewalks, medians, and a
roundabout from Vail Health to the Lionshead Parking Structure. The Town
advertised the project for construction bids and received three qualified
bids.
Staff Rec ommendation: Award C ontrac t to United Comapanies
4.5.SGM Construction Management Contract Award for South Frontage Road
Roundabout Project -
Action Requested of Counc il: A pprove Contract with S GM for c onstruc tion
management services
Bac kground:
As a part of the South Frontage Road Roundabout Projec t, the Town of Vail
is required by C D OT to hire a third-party c onsultant engineer to represent
C D OT and c onfirm that the project is built per C D OT approved plans and
specifications.
Staff Rec ommendation:
Town Staff rec ommends that the Town Council authorize the Town Manager
to enter into a c ontract with S GM in an amount not to exceed $67,000 for
March 2, 2021 - Page 2 of 136
Construction Management S ervices, in a contract form approved by the
Town Attorney.
4.6.2021 Event Funding Agreements over $50,000.
Action Requested of Counc il: Authorize the Town Manager to enter into
agreements with the following event produc ers, on a form approved by the
Town Attorney, to produc e following events; Vail Farmers Market and Art
Show produced by the Meadow D rive Partnership for $53,160, Vail
America D ay s produced by Highline Sports and Entertainment for $53,160,
Vail Oktoberfest produc ed by Highline Sports and Entertainment for
$53,160, GRFA Live Music and Entertainment produced by the Vail Valley
Foundation for $52,500, Vail J azz Festival produced by the Vail J azz
Foundation for $75,000, The Summer Mountain Games produced by the
Vail Valley Foundation for $98,000 and Bravo! Vail Music Festival produced
by Bravo! Vail for $207,855.
Bac kground: Provide information on the 2021 C S E events that have been
awarded more than $50,000 and to request that Counc il authorize the Town
Manager to enter into funding agreements for those events.
Staff Rec ommendation: Authorize the Town Manager to enter into the event
agreements with the event producers, on a form approved by the Town
Attorney, and not to exc eed the c ontrac t amounts outlined in staff's
memorandum.
5.Town Manager Report (5 min.)
6.Action Items
6.1.Resolution No. 10, Series of 2021, a Resolution Approving a D evelopment
Agreement with Triumph D evelopment W est. L L C. for the Development of
the Middle Creek Project.
30 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Counc il: A pprove, approve with modifications, or deny
Resolution No. 10, Series of 2021 as presented.
Bac kground:
The purpose of this memorandum is to present Resolution No. 10, Series of
2021. The Development A greement is a continuation of, and in addition to,
the Pre-Development Agreement exec uted on February 10, 2021. The
Development Agreement sets forth the terms and conditions under whic h
the Middle Creek Project will proceed.
Staff Rec ommendation: The town staff recommends the Vail Town C ounc il
approves Resolution No. 10, S eries of 2021
6.2.Ordinanc e No. 4, Series of 2021, An Ordinanc e Amending Title 6 of the
Vail Town Code by the A ddition of a New Chapter 4B Regarding the Sale of
Dogs and Cats Born or Raised in I nhumane Commerc ial Breeding
Facilities
10 min.
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Counc il:
Approve, approve with modifications, or deny Ordinanc e No. 4, Series of
2021, upon first reading.
Bac kground: The Community D evelopment Department is proposing to
update the Vail Town Code to add a new Artic le B to Chapter 4 of Title 6 of
the Vail Town Code to outlaw the sale of dogs and cats from puppy and
kitten mills as it is an unwholesome business practice and not in the best
interest of the public welfare of the Town.
March 2, 2021 - Page 3 of 136
Staff Rec ommendation: Approve, approve with amendments or deny
Ordinanc e No. 4, Series of 2021 upon first reading.
7.P ublic Hearings
7.1.Ordinanc e No. 3, Series of 2021, Second Reading, an Ordinanc e
approving a certain parcel of land owned by the Town of Vail as D esignated
Open Spac e pursuant to Section 13.11 of the Vail Town C harter
5 min.
Presenter(s): Kristen B ertuglia, Environmental Sustainability Director
Action Requested of Counc il: A pprove, approve with modifications, or deny
Ordinanc e No. 3, Series of 2021.
Bac kground: The Town of Vail Open Space Board of Trustees has
forwarded a unanimous recommendation to the Vail Town Council for the
designation of a 48.13 ac re parcel located in East Vail on the south side of
Bighorn Rd., off W illow W ay, as D esignated Open Spac e.
Staff Rec ommendation: Approve Ordinance No. 3., Series of 2021 upon
sec ond reading.
8.Adjournment
8.1.Adjournment 7:10 pm (estimate)
Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website
www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available
fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media
website the week fo llo wing meeting d ay, www.highfivemed ia.org.
P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with
48 ho ur notific ation dial 711.
March 2, 2021 - Page 4 of 136
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 : Citizen Participation
AT TAC H ME N TS :
Description
Citizen Participation
March 2, 2021 - Page 5 of 136
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 : P roclamation No. 1 Series of 2021, One Book, One Valley 2021 C ommunity
Read S ponsored by the Towns of Avon, E agle Gypsum, Minturn, R ed C lif f and Vail
P RE S E NT E R(S ): D ave C hapin, Mayor
B AC K G RO UND: T his year marks the 10th Anniversary of the One B ook, One Valley event. O ne
B ook, One Valley is a valley-wide community read that is sponsored by the Towns of Avon, Eagle,
Gypsum, Minturn, Red Cliff, Vail and the County of Eagle. T his year's featured book is the National
B est Seller "L ab G irl"
AT TAC H ME N TS :
Description
Proclamation N o. 1, Series 2021
March 2, 2021 - Page 7 of 136
PROCLAMATION NO. 1 SERIES OF 2021
ONE BOOK, ONE VALLEY, 2021
A valley-wide Community Read sponsored by the Towns of Avon, Eagle, Gypsum,
Minturn, Red Cliff and Vail
WHEREAS, Community Read programs have united and uplifted hundreds of cities and
municipalities throughout the United States of America; and,
WHEREAS, the book “Lab Girl” by Hope Jahren (acclaimed scientist who has built three
laboratories in which she’s studied trees, flowers, seeds, and soil) was published in 2016 and is
now available in paperback, large print, eBook & eAudiobook formats. This book is a Winner of
the National Book Critics Circle Award and a New York Times Notable Book; and,
WHEREAS, this Eagle Valley Community Read is the 10th Anniversary year of the One Book
One Valley initiative and, as such, we applied for and were awarded an NEA Big Read grant to
host the National Endowment for the Arts Big Read in Eagle County. The NEA Big Read, an arts
endowment initiative in partnership with Arts Midwest, broadens how the community understands
the world, different communities and fellow humans through the joy of sharing a good book; and,
WHEREAS, this Eagle Valley Community Read will feature book discussions by a number of
groups and organizations throughout the county; a variety of special related programs hosted by
the partnering organizations including, new this year, Betty Ford Alpine Gardens, Walking
Mountains Science Center and the Town of Vail’s Department of Environmental Sustainability;
and, a special Guest Appearance by the author; and,
WHEREAS, the Vail Public Library, in collaboration with the Bookworm of Edwards, Colorado
Mountain College, Battle Mountain High School, Eagle Valley High School and Vail Mountain
School have resolved to bring this valley-wide Community Read program to the citizens of Eagle
County; and,
NOW, THEREFORE, We, the Vail Town Council do hereby promote the One Book One Valley
initiative and officially announce and promote the book “Lab Girl” to all Eagle County residents for
their enjoyment and the enjoyment of all.
Dated this 2nd day of March 2021.
Vail Town Council Attest
_______________________
Dave Chapin, Mayor Tammy Nagel, Town Clerk
March 2, 2021 - Page 8 of 136
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. 9, S eries of 2021, A R esolution of the Vail Town Council
Repealing R esolution No. 39, S eries of 2020 and R esolution No. 44, S eries of 2020, to Revoke
the Extensions of the Approved Development, C onditional Use Permit and F inal D esign for the
B ooth Heights P roject, and P roviding a New E xtension of such Approvals T hrough November 20,
2023
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny
Resolution No. 9, Series of 2021
B AC K G RO UND: A ppealing R esolution 39 and 44, to Revoke the E xtensions of the A pproved
Development P lan, Conditional Use P ermit and F inal Design for the B ooth Heights P roject, and
P roviding a New E xtension of Such Approvals T hrough November 20, 2023
S TAF F RE C O M M E ND AT I O N: A pprove R esolution No. 9, Series of 2021
AT TAC H ME N TS :
Description
Resolution No 9 S eries of 2021 Staff Memorandum 030221
Resolution No. 9, S eries of 2021
March 2, 2021 - Page 9 of 136
To: Vail Town Council
From: George Ruther, Housing Director
Date: March 2, 2021
Subject: Resolution No. 9, Series of 2021, a Resolution Repealing Resolution No. 39, Series
2020, and Resolution No. 44, Series 2020, to Revoke the Extensions of the Approved
Development Plan, Conditional Use Permit and Final Design for the Booth Heights
Project, and Providing a New Extension of Such Approvals Through November 20, 2023
1. SUMMARY
The purpose of this memorandum is to summarize Resolution No. 9, Series of 2021, a resolution
revoking previous extensions and providing a new extension of the entitlement period for the
Booth Heights Project (PEC19-0018, 0019 and DRB19-0652). If approved, the new Booth
Heights Project entitlement period will lapse on November 20, 2023.
2. BACKGROUND
On October 15, 2019, the Vail Town Council upheld the August 26, 2019 PEC approval of
the conditional use permit and development plan for the Booth Heights Project. Pursuant to
the Vail Town Code, development plan approvals lapse after three years if construction of
the development is not commenced. To date, construction of the Booth Heights Project has
not commenced, because the Town, Triumph Development and Vail Resorts were
considering alternate locations for deed-restricted housing from approximately December 6,
2019 until January 17, 2021, or 13½ months.
On September 15, 2020, the Vail Town Council authorized an extension to the entitlement
period for the development plan, conditional use permit and final design for the Booth
Heights Project. The purpose of the extension was to afford the Town, Triumph and Vail
Resorts additional time to discuss alternate locations for deed-restricted housing.
On October 6, 2020, the Vail Town Council further extended the entitlement period for the
development plan, conditional use permit and final design for the Booth Heights Project, at
the request of Vail Resorts, because discussions were continuing.
On January 18, 2021, Vail Resorts informed the Vail Town Council that it was no longer
considering alternate locations for deed-restricted housing, and that it intended to begin
development of the Booth Heights Project immediately. Considering the change in
circumstances, the purpose of the prior extensions no longer exists, Town staff believes
that the existing extensions of the entitlement period are neither necessary nor appropriate.
March 2, 2021 - Page 10 of 136
Town of Vail Page 2
3. RECOMMENDATIONS
The Town staff recommends the Vail Town Council approves Resolution No. 9, Series of 2021,
as presented. As presented, the new extension of the entitlement period accounts for the 13½
months that the Town, Triumph and Vail Resorts were in discussions regarding the alternate
deed-restricted housing site. The inclusion of the 13½ months of tolling in the new extension
period means that Vail Resorts, as the owner of the property, has not lost any time that would
otherwise have been provided by the Town for Vail Resorts to pursue the development.
March 2, 2021 - Page 11 of 136
1
2/25/2021
S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\RESOLUTIONS\2021\RESOLUTION NO. 9 SERIES OF 2021 NEW EXTENSION
FOR BOOTH HEIGHTS PARCEL 03022021.DOCX
RESOLUTION NO. 9
SERIES 2021
A RESOLUTION OF THE VAIL TOWN COUNCIL REPEALING
RESOLUTION NO. 39, SERIES 2020, AND RESOLUTION NO. 44,
SERIES 2020, TO REVOKE THE EXTENSIONS OF THE APPROVED
DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND FINAL
DESIGN FOR THE BOOTH HEIGHTS PROJECT, AND PROVIDING A
NEW EXTENSION OF SUCH APPROVALS THROUGH NOVEMBER 20,
2023
WHEREAS, on August 26, 2019, in PEC19-0018 and pursuant to § 12-6I-11 of
the Vail Town Code, the Planning and Environmental Commission (the "PEC") approved
the development plan for a deed-restricted housing project (the "Booth Heights Project")
located at 3700 North Frontage Road East/Lot 1 East Vail Workforce Housing
Subdivision, Vail, Colorado (the "Property");
WHEREAS, also on August 26, 2019, in PEC19-0019, the PEC approved the
associated conditional use permit for the Booth Heights Project;
WHEREAS, on October 15, 2019, the Town Council upheld the approval of the
development plan and conditional use permit for the Booth Heights Project;
WHEREAS, on March 4, 2020, the Design Review Board (the "DRB"), in DRB19-
1052, approved the final design for the Booth Heights Project;
WHEREAS, pursuant to the Vail Town Code, development plan approvals lapse
after 3 years if construction of the development is not commenced;
WHEREAS, pursuant to § 12-16-8 of the Vail Town Code, conditional use permits
lapse after 2 years if construction of the development has not commenced;
WHEREAS, pursuant to § 12-11-12 of the Vail Town Code, final design approvals
lapse after 1 year if construction of the development has not commenced;
WHEREAS, on September 15, 2020, the Town Council adopted Resolution No.
39, Series 2020, which Resolution extended the term of the approvals of the development
plan, conditional use permit and final design for the Booth Heights Project through June
1, 2023;
WHEREAS, on October 6, 2020, the Town Council adopted Resolution No. 44,
Series 2020, which Resolution extended the term of the approvals of the development
plan, conditional use permit and final design for the Booth Heights Project through
December 1, 2024;
March 2, 2021 - Page 12 of 136
2
2/25/2021
S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\RESOLUTIONS\2021\RESOLUTION NO. 9 SERIES OF 2021 NEW EXTENSION
FOR BOOTH HEIGHTS PARCEL 03022021.DOCX
WHEREAS, the purpose of the extensions granted by Resolution No. 39 and
Resolution No. 44 were to allow the Town, the owner of the Property and the developer
to consider alternate locations for deed-restricted housing;
WHEREAS, on January 17, 2021, the owner of the Property notified the Town that
it would no longer consider alternate locations for deed-restricted housing, and would be
moving forward with the Booth Heights Project on the Property;
WHEREAS, based on the January 17, 2021 correspondence from the owner of
the Property, the purpose of the extensions granted by Resolution No. 39 and Resolution
No. 44 no longer exists;
WHEREAS, to allow the extensions to remain in place would grant a special
privilege to the owner of the Property, a privilege not enjoyed by other property owners
in similar situations; and
WHEREAS, the Town Council finds it in the best interest of the public health,
safety and welfare to repeal Resolution No. 39 and Resolution No. 44, Series 2020, thus
revoking the extensions for the Booth Heights Project.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. Resolution No. 39, Series 2020, is hereby repealed in its entirety.
Section 2. Resolution No. 44, Series 2020, is hereby repealed in its entirety.
Section 3. Based on the repeal of the above-referenced resolutions, the
approval of the development plan for the Booth Heights Project, as contained in PEC19-
0018, would now expire on October 15, 2022, 3 years after the Town Council's original
approval.
Section 4. Based on the repeal of the above-referenced resolutions, the
approval of the conditional use permit for the Booth Heights Project, as contained in
PEC19-0019, would now expire on October 15, 2021, 2 years after the Town Council's
original approval.
Section 5. Based on the repeal of the above-referenced resolutions, the final
design approval, as contained in DRB19-0652, would now expire on March 4, 2021, 1
year after the DRB's original approval.
Section 6. Because the Town, the developer and the owner of the Property
spent 13.5 months in discussions, thus satisfying the purpose of the original extensions,
the Town Council finds and determines that the expiration periods should be equitably
tolled. As such, the Town Council hereby extends the expiration date for the approvals
of the development plan (PEC19-0018), conditional use permit (PEC19-0019) and final
design (DRB19-0652) for the Booth Heights Project from October 15, 2022 to November
March 2, 2021 - Page 13 of 136
3
2/25/2021
S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\RESOLUTIONS\2021\RESOLUTION NO. 9 SERIES OF 2021 NEW EXTENSION
FOR BOOTH HEIGHTS PARCEL 03022021.DOCX
20, 2023 (13.5 months later). If construction of the Booth Heights Project is not
commenced by November 20, 2023, all three approvals shall lapse.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 2nd day of March,
2021.
______________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 14 of 136
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. 11 Series 2021, A Resolution Approving an I ntergovernmental
A greement B etween the Town of Vail and the Eagle River Water and S anitation D istrict R egarding
the C onstruction of a Water Main within the S outh F rontage Road and the S outh F rontage Road
W idening and the Roundabout Project
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendment or deny
Resolution No. 11 S eries 2021
B AC K G RO UND: R esolution No. 11 S eries 2021 authorizes the Town to enter into an
I ntergovernmental A greement with E RW S D to cost share improvements in the S outh F rontage
Road Roundabout P roject to relocate E RW S D 's water main.
S TAF F RE C O M M E ND AT I O N: Approve Resolution No. 11 Series 2021
AT TAC H ME N TS :
Description
Memo
Resolution No. 11 Series of 2021
E RW S D IG A
March 2, 2021 - Page 15 of 136
To: Vail Town Council
From: Public Works Department
Date: March 2, 2021
Subject: Resolution No. 11 Series 2021 - IGA with ERWSD for South Frontage Road
Roundabout Project
I. SUMMARY
The Town of Vail recently advertised for public bid the South Frontage Road
Roundabout Project that extends from Vail Health to the Lionshead Parking Structure.
Eagle River Water and Sanitation District (ERWSD) will be partnering with the Town in
the construction costs in order to relocate their 12” water main into the South Frontage
Road. Based on the recommended contractor’s bid costs, ERWSD portion of the
project would be approximately $335,000.
Town staff recommends that the Town Council adopt Resolution No. 11 Series 2021, a
resolution to enter into an Intergovernmental Agreement (IGA) with Eagle River Water
and Sanitation District (ERWSD) in a form approved by the Town Attorney.
II. ATTACHMENTS
Resolution No. 11 Series 2021
ERWSD IGA
March 2, 2021 - Page 16 of 136
RESOLUTION NO. 11
Series of 2021
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND
SANITATION DISTRICT REGARDING THE CONSTRUCTION OF A WATER MAIN
WITHINTHE SOUTH FRONTAGE ROAD AND THE SOUTH FRONTAGE ROAD
WIDENING AND ROUNDABOUT PROJECT
WHEREAS, the Eagle River water and Sanitation District (the “District”) desires
to install a new water main within the South Frontage Road from 250 South Frontage
Road (Evergreen Lodge) to 390 South Frontage Road, (Lionshead Transit Center), and
the Town desires to construct the South Frontage Road widening and roundabout
project at the same time and in the same vicinity: and
WHEREAS, the Town and the District wish to combine their construction efforts
to achieve coordination, cost sharing and cost savings benefits, minimize disruption to
the neighborhood and to allow the installation of infrastructure projects to be phased in
logical sequence. The parties desire for the proposed water main installation and
South Frontage Road widening and roundabout project to be administered, constructed
and installed, as set forth in Intergovernmental Agreement for South Frontage Road
Widening and Roundabout Project, attached hereto as Exhibit A and made a part
hereof by this reference (the “IGA”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA in substantially the
same form as attached hereto as Exhibit A, and in a form approved by the Town
attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 2nd day of March 2021.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 17 of 136
{00808216.DOCX / 2 }
INTERGOVERNMENTAL AGREEMENT
FOR
VAIL SOUTH FRONTAGE ROAD WIDENING AND ROUNDABOUT PROJECT
THIS AGREEMENT is made and entered into this ______ day of ____________
2021, by the TOWN OF VAIL, a political subdivision of the State of Colorado
(“Town”), and EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-
municipal corporation and political subdivision of the State of Colorado, (“District”).
Collectively these entities are also referred to as the “Parties”.
RECITALS
WHEREAS, the Town of Vail is a Colorado municipality organized and operated
pursuant to its home rule charter and Colorado law; and
WHEREAS, Eagle River Water and Sanitation District is a water and sanitation
district organized and existing under the Colorado Special District Act; and
WHEREAS, the District is empowered to provide water and sewer service to its
customers and constituents within and without its boundaries, within Eagle County,
Colorado, on such terms and conditions as the District may decide; and
WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution,
Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the
Parties to enter into contracts and agreements with one another to provide
intergovernmental services and facilities, when so authorized by their governing bodies;
and
WHEREAS, the Constitution and statutes of the State of Colorado permit and
encourage agreements between political subdivisions of the State, in order that the
inhabitants of such political subdivisions may thereby secure high quality governmental
services; and
WHEREAS, it is recognized by the Parties, that the public health, safety and
welfare of their inhabitants is best served by providing high quality water and sewer
services; and
WHEREAS, the Town wishes to improve the South Frontage Road between the
Town Municipal building at 75 South Frontage Road and the Lionshead Parking
Structure at 330 South Frontage Road (the “Town Project”); and
WHEREAS, the District wishes to relocate its water line infrastructure within the
South Frontage Road (the “District Project”); and
March 2, 2021 - Page 18 of 136
{00808216.DOCX / 2 } 2
WHEREAS, the Parties wish to combine their efforts in construction of the
Project to achieve cost sharing and cost savings benefits, minimize duplication of efforts
to construct these improvements; and
WHEREAS, the Parties desire for the Town Project and the District Project to be
administered, constructed and installed as one project (collectively, the “Project”); and
WHEREAS, each of the Parties hereto desires to work together to authorize and
accomplish the construction of the Project; and
WHEREAS, each of the Parties hereto has determined it to be in the best interests
of their respective taxpayers, residents, property owners, and constituents to enter into
this Agreement.
NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements, and stipulations contained herein, and for other good and valuable
consideration, the Parties hereto agree as follows:
1. Cooperation. The Parties agree to cooperate in the planning, design,
construction, inspection, cost and expense sharing, administration and
warranty phases of the Project referenced in this Agreement and to
cooperate and facilitate the combined efforts including, but not limited to
the execution of any additional agreements, easements, and rights-of-way
necessary to implement the purposes of this Agreement.
2. Project Management: The Town will provide a construction management
representative (“Town Construction Manager”) to coordinate the
construction work, provide clarifications to the Contractor (as defined in
paragraph 3 below) and review and approve proposed field changes, cost
changes and time changes in a timely manner. The District will provide a
construction management representative (“District Construction Manager”)
to coordinate execution of the District’s portion of the Project with the
Town Construction Manager as required herein. With respect to
communications with Contractor, suppliers and consultants, the District
Construction Manager shall not have authority to bind, or otherwise affect
the obligations of, the Town.
3. Construction Contract. The Town administered a competitive bid process
for the construction of this Project under the title “Vail South Frontage
Road Widening and Roundabout Project”. The bid documents and
expected construction contract documents included items designed for and
approved by the District. United Companies (“Contractor”) was the
lowest responsive, responsible bidder, and the Town has entered into a
contract with Contractor for the Project. A copy of Contractor’s bid
March 2, 2021 - Page 19 of 136
{00808216.DOCX / 2 } 3
tabulation dated February 23, 2021 is included as Attachment A hereto.
The Town will coordinate and supervise the Project, and will be the Owner
as defined in the construction contract. The Town will coordinate the
construction work, provide clarifications to the Contractor, and work with
the Parties regarding any change orders or modifications to the construction
contract. No work for the District outside of the construction contract will
be commenced without prior written approval by the District Construction
Manager.
4. Project Costs. The Town and the District have selected United Companies
to perform the construction services defined as Project Costs. A copy of
above mentioned costs are attached as Attachment A. The Town agrees to
pay a portion of the Project Costs and the District agrees to pay portion of
the Projects Costs, as defined in Attachment A.
5. Cost Sharing. The Town agrees to pay all costs to the Contractor for the
Project. The Town will invoice the District on a monthly basis for the
portion of the District Project accomplished per the Contractor’s invoices
and the value of the work listed in Attachment A. The District will
reimburse the Town for the invoiced work within 30 days. The District
represents that it has appropriated sufficient funds to pay in full its
obligations hereunder.
6. Change Orders. Any change orders that arise during construction related to
the District Project will be negotiated between the Town, the District and
the Contractor. Change order work will be completed by the Contractor at
contracted unit costs, lump sum costs agreed to in advance, on a cost-plus
basis or as otherwise set forth in the construction contract. Neither the
Town nor its Contractor will commence any work outside of the contracted
items for which it expects reimbursement from the District without the
prior written approval of the District’s Construction Manager.
7. Project Meetings. The Town will make a good faith effort to invite a
representative of the District to meetings concerning the Project, and
otherwise provide open communications throughout the Project.
8. Warranties. For any work that the District determines does not conform to
the Project specifications set forth therein, or needs to be completed under
warranty conditions, the District shall notify the Town and the Town will
notify the Contractor under the terms of the Town’s agreement with the
Contractor. The Town will obtain requisite warranties of at least a TWO-
YEAR period from Contractor for workmanship and/or materials for
facilities, infrastructure, and appurtenances constructed for the Project.
March 2, 2021 - Page 20 of 136
{00808216.DOCX / 2 } 4
9. Enforcement. The Parties agree that this Agreement may be enforced in
law or in equity for specific performance, injunctive, or other appropriate
relief, including damages, as may be available according to the laws and
statutes of the State of Colorado. It is specifically understood that by
executing this Agreement each Party commits itself to perform pursuant to
the terms contained herein, and that any breach hereof which results in any
recoverable damages shall not cause the termination of any obligations
created by this Agreement unless such termination is declared by the Party
not in breach hereof.
10. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
11. Venue. Venue for the trial of any action arising out of any dispute
hereunder shall be in the District Court for Eagle County, State of
Colorado, pursuant to the appropriate rules of civil procedures.
12. Captions. The headings and sections and paragraphs are included only for
convenience and reference. If any conflict between any heading and the
text of this Agreement exists, the text shall control.
13. Binding Agreement upon Successors and Assigns. This Agreement and the
rights and obligations created hereby shall be binding upon and inure to the
benefit of the Parties hereto and their respective successors and assigns.
14. Interested Persons. Nothing herein expressed or implied is intended or
should be construed to confer or give to any person or corporation or
governmental entity other than the Town and the District, any right, remedy
or claim under or by reason hereof or by reason of any covenant or
condition herein contained, nor limit in any way the powers and
responsibilities of the Town, the District, or any other entity not a party
hereto.
15. Notices. All notices, requests, demands, consents and other
communications hereunder shall be transmitted in writing and shall be
deemed to have been duly given when hand-delivered or sent by certified,
United States mail, postage prepaid, with return receipt requested,
addressed to the parties as follows:
March 2, 2021 - Page 21 of 136
{00808216.DOCX / 2 } 5
Scott Robson, Town Manager
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
With a Copy to:
Matt Mire, Town Attorney
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Eagle River Water and Sanitation District
Linn Brooks, General Manager
846 Forest Road
Vail, Colorado 81657
With a Copy to:
James P. Collins, Esq.
Collins Cockrel & Cole
390 Union Boulevard, Suite 400
Denver, Colorado 80228-1556
Either party may change the address at which it receives
written notice, by notifying the other party in writing in the
manner provided herein.
16. Severability. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to
either Party or as to both Parties, such portion shall be deemed severable
and its invalidity or its unenforceability shall not affect the remaining
provisions; such remaining provisions shall be fully severable and this
Agreement shall be construed and enforced as if such invalid provisions
had never been inserted into this Agreement.
17. Waiver. The waiver of any breach of any of the provisions of this
Agreement, by any party, shall not constitute a continuing waiver of any
subsequent breach by that party, either of the same, or of another provision
of this Agreement.
March 2, 2021 - Page 22 of 136
{00808216.DOCX / 2 } 6
18. Amendment. This Agreement may be amended, modified, changed, or
terminated in whole or in part only by written agreement duly authorized
and executed by the Parties hereto.
19. Duplicate Originals. This Agreement may be executed in counterparts,
each of which shall be an original, but all of which together, shall constitute
one and the same agreement.
20. Separate Entity Status. In no event shall either party, its employees or its
representatives, be considered or authorized to act as employees or agents
of the other party.
21. Indemnification. Each party, to the extent permitted by law and subject to
all of the immunities, defenses and protections afforded to that party by the
Colorado Governmental Immunity Act, shall indemnify and hold harmless,
the other party, its officers, directors, employees and agents from and
against any claims including attorneys fees, arising out of the negligence of
the officers, employees or agents of the indemnifying party and rising out
of the performance of services under this Agreement.
22. Force Majeure. No party shall be liable for any failure to perform as
required by this Agreement to the extent such failure to perform is caused
by any reason beyond the control of that party or by reason of any of the
following occurrences, whether or not caused by such party: strikes, labor
disturbances or labor disputes of any character, accidents, riots, civil
disorders or commotions, war, acts of aggression, floods, earthquakes, acts
of God, explosion or similar occurrences; provided, such party shall
exercise its best efforts to provide the best possible alternative performance
and to prevent the foregoing occurrence from obstructing full performance.
Such occurrences shall not terminate this Agreement and shall not affect
this Agreement except as provided in this Section.
23. Entire Agreement of the Parties. This Agreement represents the full and
complete understanding of Parties, and supersedes any prior agreements,
discussions, negotiations, representations or understandings of Parties with
respect to the subject matter contained herein.
March 2, 2021 - Page 23 of 136
{00808216.DOCX / 2 } 7
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
effective as of the date and year first above written.
EAGLE RIVER WATER AND
SANITATION DISTRICT
By:
Linn Brooks, General Manager
Attest:
Leslie Isom, Administration Manager
TOWN OF VAIL
By:
Scott Robson, Town Manager
Attest:
Tammy Nagel, Town Clerk
APPROVED AS TO FORM
Matt Mire, Town Attorney
March 2, 2021 - Page 24 of 136
{00808216.DOCX / 2 }
ATTACHMENT A
(CONTRACT DOCUMENTS, BID SCHEDULES, AND COST SPLIT)
March 2, 2021 - Page 25 of 136
ITEM #ITEM UNIT QUANTITY UNIT PRICE AMOUNT
202-00031 REMOVAL OF FIRE HYDRANT EACH 1 $ 1,200.00 $ 1,200.00
202-00032 REMOVAL OF VALVE EACH 1 1,800.00$ $1,800.00
206-00065 STRUCTURE BACKFILL (FLOW-FILL)CY 9 315.00$ $2,835.00
210-00050 RESET FIRE HYDRANT EACH 1 2,000.00$ $2,000.00
619-00006 CONNECT TO NEW WL (SERVICE LINES)EACH 2 1,200.00$ $2,400.00
619-00007 CONNECT TO EX. WL EACH 3 600.00$ $1,800.00
619-00011 INSULATE WATERLINE LF 69 40.00$ $2,760.00
619-06060 6" DIP LF 53 90.00$ $4,770.00
619-06080 8" DIP LF 72 98.00$ $7,056.00
619-06120 12" DIP LF 1,445 115.00$ $ 166,175.00
619-06121 12" DIP RESTRAINED LF 50 120.00$ $6,000.00
619-40160 2" COPPER PIPE LF 60 60.00$ $3,600.00
619-71516 2" AIR/VAC VALVE EACH 1 5,200.00$ $5,200.00
619-75064 8" GATE VALVE (INCLUDES VALVE BOX AND RISER)EACH 1 2,000.00$ $2,000.00
619-75048 6" GATE VALVE (INCLUDES VALVE BOX AND RISER)EACH 1 1,500.00$ $1,500.00
619-75080 10" GATE VALVE (INCLUDES VALVE BOX AND RISER)EACH 1 3,250.00$ $3,250.00
619-75096 12" GATE VALVE (INCLUDES VALVE BOX AND RISER)EACH 9 3,000.00$ $ 27,000.00
619-77201 12" INCH RESTRAINED PLUG EACH 5 1,100.00$ $5,500.00
619-77400 CURB STOP AND BOX EACH 2 1,050.00$ $2,100.00
619-78048 6-INCH FIRE HYDRANT EACH 1 7,250.00$ $7,250.00
Subtotal - ERWSD Waterline Items $ 256,196.00
202-00202 REMOVAL OF GUTTER LF 15 18.00$ $270.00
202-00203 REMOVAL OF CURB AND GUTTER LF 25 6.00$ $150.00
202-00210 REMOVAL OF CONCRETE PAVEMENT SY 124 42.00$ $5,208.00
202-00220 REMOVAL OF ASPHALT MAT SY 419 10.00$ $4,190.00
202-00240 REMOVAL OF ASPHALT MAT (PLANING)SY 341 12.00$ $4,092.00
203-00050 UNSUITABLE MATERIAL CY 25 165.00$ $4,125.00
203-01597 POTHOLING HOUR 10 400.00$ $4,000.00
210-00300 RESET HEATED PAVER SY 13 28.00$ $364.00
210-01000 RESET FENCE LF 6 40.00$ $240.00
304-06000 AGGERGATE BASE COURSE (CLASS 6)TON 230 45.00$ $ 10,350.00
403-34701 HMA (GRADING SX)(75)TON 100 90.00$ $9,000.00
403-33801 HMA (GRADING S)(75)TON 150 95.00$ $ 14,250.00
411-03354 ASPHALT CEMENT (PG64-22)TON 15 605.00$ $9,075.00
412-00750 CONCRETE PAVEMENT (7.5 INCH)SY 32 275.00$ $8,800.00
609-21020 CURB AND GUTTER TYPE 2 (SECTION II-B)LF 25 40.00$ $1,000.00
609-24003 GUTTER TYPE 2 (3 FOOT)LF 15 30.00$ $450.00
627-00005 EPOXY PAVEMENT MARKING GAL 8 360.00$ $2,880.00
Subtotal- ERWSD Roadway Items $ 78,444.00
TOTAL ERWSD CONSTRUCTION COST $ 334,640.00
EXHIBIT A
Town of Vail & ERWSD Cost Share
VAIL SOUTH FRONTAGE ROAD WIDENING AND ROUNABOUT PROJECT
WATERLINE ITEMS
ROADWAY ITEMS
DRAFTMarch 2, 2021 - Page 26 of 136
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. 12, Series of 2021, A R esolution A pproving a L ease A greement
with the Vail P ark and Recreation District for the Vail Gymnastics C enter
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny
Resolution No. 12, S eries of 2021
B AC K G RO UND: T he Town is the owner of certain real property and the improvements thereon
located at 545 North F rontage R oad, Vail, C olorado and commonly known as the Town of Vail
Gymnastics Center. T he Vail R ecreation District uses the gymnastic center under existing lease
and use agreements which are expiring. T he Town and the V R D wish to enter into new lease and
use agreements.
S TAF F RE C O M M E ND AT I O N: Approve Resolution No. 12, Series of 2021
AT TAC H ME N TS :
Description
Vail G ymnastics Memorandum
Matrix
Resolution No. 12, Series of 2021
March 2, 2021 - Page 27 of 136
TO: Vail Town Council
FROM: Greg Hall, Director of Public Works and Transportation
DATE: March 2, 2021
SUBJECT: Vail Recreation District Gymnastics Center Lease Agreement
I. PURPOSE
The purpose of this agenda item is to approve the following documents:
• A new lease for the Vail Gymnastics Center with the Vail Parks and Recreation District
II. BACKGROUND
In 2015 the Town of Vail the Vail Parks and Recreation District amended the requested the five-
year extension of the original lease entered in 2005 for the Vail Gymnastics Center. In addition,
maintenance requirements were established to require consistently high standards for all the
parties.
The documents were reviewed both internally with Town Staff and distributed and reviewed with
the Vail Parks and Recreation District. The documents have been modified where it was
appropriate based on the comments received from the parties.
III. ACTION REQUESTED
The Town Council is asked to approve Resolutions Number ______ for the lease of the Vail
Gymnastics Center and direct the Town Manager to execute the lease agreements with the Vail
Parks and Recreation District.
IV. STAFF RECOMMENDATION
Approve the following documents and direct the Town Manager to execute the agreements with
the various parties.
V. ATTACHMENTS
a. Resolution _______ A Lease Vail Recreation District at Vail Golf Course
March 2, 2021 - Page 28 of 136
Building/Improvement
Major Capital Exterior
Replacement
Major Capital Interior
Replacement Exterior Maintenance Interior Maintenance
Roof TOV TOV VRD N/A
Windows TOV VRD VRD VRD
Doors TOV TOV VRD VRD
Elevator TOV TOV N/A VRD
HVAC TOV TOV VRD VVD
Water System TOV TOV VRD VRD
Structural Components TOV TOV VRD VRD
Plumbing System TOV TOV VRD VRD
Painting TOV VRD VRD VRD
Landscaping VRD N/A VRD N/A
Parking Lot TOV N/A VRD/TOV N/A
Misc Buildings, Imp and Signs VRD VRD VRD VRD
Flooring N/A VRD N/A VRD
Fixtures VRD VRD VRD VRD
Exhibit B
March 2, 2021 - Page 29 of 136
RESOLUTION NO. 12
Series of 2021
A RESOLUTION APPROVING A LEASE AGREEMENT AND A USE AGREEMENT
WITH THE VAIL PARK AND RECREATION DISTRICT FOR THE VAIL GYMNASTICS
CENTER
WHEREAS, the Vail Park and Recreation District (the “VRD”) is organized for the
primary purpose of providing recreational programs and services to its residents and
visitors;
WHEREAS, the Town is the owner of certain real property and the improvements
thereon located at 545 North Frontage Road, Vail, Colorado and commonly known as the
Town of Vail Gymnastics Center (the "VGC");
WHEREAS, the VRD uses the VGC under existing lease and use agreements
which are expiring; and
WHEREAS, the Town and the VRD wish to enter into new lease and use
agreements (the “Agreements”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Agreements in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney, and authorizes the Town Manager to execute the Agreement on behalf of the
Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 2nd day of March 2021.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 30 of 136
{00812221.DOCX / }1
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is made and entered into as of the ____
day of _____________, 2021 (the "Effective Date"), by and between the TOWN OF VAIL,
a Colorado home rule municipality (the "Town") and the VAIL PARK AND RECREATION
DISTRICT, d/b/a the VAIL RECREATION DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado (the "VRD") (each a "Party" and collectively
the "Parties").
WHEREAS, the VRD is organized for the primary purpose of providing recreational
programs and services to its residents and visitors;
WHEREAS, the Town is the owner of certain real property and the improvements
thereon located at 545 North Frontage Road, Vail, Colorado and commonly known as the
Town of Vail Gymnastics Center (the "VGC");
WHEREAS, the VRD uses the VGC under an existing lease agreement (the ''Prior
Lease"); and
WHEREAS, the Parties intend for this Lease to replace the Prior Lease.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
adequacy and receipt of which are hereby acknowledged, the Parties agree as follows:
1. Lease of Premises.
a. The Town hereby leases to the VRD and the VRD leases from the Town
the real property more particularly depicted in Exhibit A, attached hereto and
incorporated herein by this reference, together with all improvements, including without
limitation all facilities and structures, located on, in, or under such real property (the
"Premises").
b. As of the Effective Date, the VRD has inspected the physical condition of
the Premises and receives the Premises in "as is" condition, with all faults. The Town
makes no representations or warranties with respect to the condition of the Premises or
its fitness or availability for any particular use, and the Town shall not be liable to the VRD
for any latent or patent defects.
c. This Lease shall supersede the Prior Lease and any other agreement to
which the Town and the VRD are Parties with respect to the Premises, and such Prior
Lease and agreements are hereby agreed to be of no further force or effect with respect
to the Town, the VRD or the Premises.
2. Term, Termination and Surrender.
a. This Lease shall commence on the Effective Date and shall continue for 10
years, terminating on ___________, 2031, unless terminated earlier as provided herein.
This Lease may then be renewed for up to two additional terms (each a "Renewal Term"),
March 2, 2021 - Page 31 of 136
{00812221.DOCX / }2
of 5 years each. To exercise its renewal option, the VRD shall notify the Town at least
180 days prior to the end of the then-current term. If the Town believes that the VRD is
in breach of this Lease when such notice is received, the Town will so notify the VRD and
give the VRD 30 days to cure such breach prior to taking any action to deny the renewal.
b. Termination. Notwithstanding any other provision of this Lease, either Party
may terminate this Lease, with or without cause, by providing a minimum of 365 days'
prior written notice.
c. Upon expiration or termination of this Lease, the VRD's right to use the
Premises and all improvements thereon shall cease, and the VRD shall promptly quit and
surrender to the Town the Premises in good order and safe condition, ordinary wear
excepted.
3. Compensation.
a. Rent. On or before January 15th of each year, the VRD shall pay the Town
an annual Rent in the amount of $10 (the "Rent"). The Parties hereby acknowledge and
agree that the Rent is separate from and not included in the semi-annual payment due in
connection with the Capital Maintenance Fund below, or the annual sum due to the Town
from the VRD pursuant to the subject promissory note between the Town and the VRD
for construction of the VGC.
b. Capital Maintenance Fund. On or before the 15th of January and June of
each year, the VRD shall pay $3,000 to the Town to help offset the cost of Major Capital
Improvements for the VGC as set forth in Exhibit B, attached hereto and incorporated
herein by reference. The Parties hereby acknowledge and agree that the Capital
Maintenance Fund payment is separate from and not meant to offset the VRD's
obligations towards maintenance of the VGC or the Premises as set forth herein. The
Town shall send an invoice to the VRD for the Capital Maintenance Fund payments,
however, failure by the Town to send such an invoice shall not be a breach of this
Agreement and shall not relieve the VRD of its obligation to make payment in accordance
with this paragraph.
4. Use of Premises. The VRD hereby agrees and covenants that the use of the
Premises shall comply with the following:
a. The Premises shall be used for the operation of a gymnastics training center
and other suitable recreation activities.
b. The Premises shall not be used for any illegal or improper purpose or other
use that would create a nuisance.
5. VRD Covenants. The VRD covenants and agrees as follows:
March 2, 2021 - Page 32 of 136
{00812221.DOCX / }3
a. The VRD shall, within 10 days of a request, provide to the Town a current
waiting list and an enrollment list for student or other users of the VGC.
b. The VRD shall manage the VGC for the accommodation of the public and
to operate the facility in a responsible and safe manner. The VRD shall be responsible
for the supervision and care of the VGC and the Premises and shall have on the Premises
during the hours of operation sufficient qualified personnel to provide appropriate
supervision and care.
c. The VRD shall offer sufficient programming and fully staff the VGC to
meet the community expectation and need, based upon demand and to maximize the
use of the VGC.
d. The VRD shall, upon reasonable request of the Town or Eagle County
School District RE-50J, allow the VGC to be used for appropriate public or governmental
functions that would not interfere with the recreation purpose of the facility on such days
and during such hours as the facility is not being used for gymnastics or other programs.
A separate Use Agreement has been entered into between the Town, the VRD and the
Eagle County School District RE-50J specifying the times, uses and responsibilities for
joint use of the VGC.
6. Net Lease. This Lease shall be a net lease, and throughout the Term, except as
otherwise expressly provided herein, all payments and other obligations or liabilities of
any kind regarding the Premises shall be solely the responsibility of the VRD and not the
responsibility of the Town. The VRD shall be solely responsible for all charges for water,
sewer, gas, electricity, light, heat, power, telephone, video, internet, and any other utilities
used on or supplied to Premises.
7. Maintenance.
a. Inspection and Service. The VRD shall, on an annual basis, hire third-party,
qualified personnel to inspect, test and service each of the following, and then file a
written report with the Town's Facility Manager for each inspection:
i. The VGC's fire suppression systems, including alarms, smoke detectors,
sprinklers, and fire extinguishers;
ii. The VGC's heating systems and associated components;
iii. The VGC's elevator and system components; and
iv. The VGC's backflow prevention devices and associated components.
b. Interior Maintenance. The VRD shall be responsible for the interior
maintenance of the Premises, which includes without limitation the following:
i. Ensuring that all lights and doors operate properly and repair the same in a
prompt manner, including the replacement of all light bulbs.
March 2, 2021 - Page 33 of 136
{00812221.DOCX / }4
ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at
minimum on a yearly basis.
iii. Painting or staining the interior elements of the VGC as needed and
ensuring repair of any scratches or dents in the paint or walls on a semi-annual
basis, at minimum.
iv. Repairing and maintaining floors, shampooing carpets as needed and at
minimum on an annual basis and repair and clean marks in a prompt manner.
v. Ensuring all bathroom facilities operate properly and repair the same in a
prompt manner.
vi. Providing janitorial service for regular and consistent cleaning of the
facilities, including daily or hourly services as need.
vii. Ensuring proper and regular trash disposal within the VGC and trash
removal from the facility.
viii. Repairing and replacing furniture, fixtures and equipment.
ix. Washing windows, as needed.
c. Exterior Maintenance. The VRD shall be responsible for the exterior
maintenance of the Premises, which includes without limitation the following duties:
i. Maintain all shrubs, trees, plantings and landscaping associated with the
VGC. The irrigation lines shall be maintained by VRD employees and annually
winterized.
ii. Clean exterior surfaces as needed, but at minimum on an annual basis.
iii. Paint or stain the exterior of buildings as needed and ensure proper repair
of any scratches or dents in the walls on at semi-annual basis.
iv. Patrol premises for litter daily.
v. Use best management practices to ensure that all exterior maintenance
activities minimally impact the Gore Creek ecosystem.
vi. Wash windows, as needed.
d. Snow Removal. The Town shall be responsible for removing snow from
the parking area, the lower sidewalk adjacent to the Frontage Road, and the access road
to the School and the VGC on a priority basis. The VRD shall be responsible for removing
snow from the sidewalk and stairs in front of the VGC.
March 2, 2021 - Page 34 of 136
{00812221.DOCX / }5
e. Inspection. The Town's Facility Manager, along with a representative of the
Town's insurance provider, shall on an annual basis perform a thorough inspection of all
interior and exterior components associated with the VGC. The Facility Manager will
provide the VRD with a written report of the inspection, and if applicable, a listing of
required maintenance necessary or desirable for the safety, improvement, or
preservation of the premises. The work is to be scheduled and funded by the VRD within
30 days of receipt of the report.
f. Annual Review. On an annual basis, the Parties shall meet to discuss the
maintenance and operation of the Premises, compliance with this Lease, any potential
capital expenditures and projects and any other related matters.
g. Major Capital Improvements. The Parties hereby acknowledge and agree
that, in consideration of the maintenance responsibility assumed by the VRD herein, the
Town’s sole maintenance responsibility for the VGC shall include only Major Capital
Improvements. For purposes of this Lease , Major Capital Improvements shall mean
replacement of major systems and structural components of the VGC, including
elevators, air handling systems, heating systems, roofing and the core and shell of the
building, as agreed upon by the Town of Vail public works director, the Town Manager,
and the VRD Manager. The Capital Maintenance Fund referenced in Section 3.b. above
shall be used for this purpose. The Town shall not be responsible for the replacement of
any equipment or building components damaged by the willful acts or negligence of the
VRD.
8. Access by the Town. The Town and its agents shall have the right to enter in or
on the Premises to inspect the Premises and to perform maintenance, repair, or
replacement.
9. Alterations.
a. By the Town. The Town retains the right to conduct major changes to the
Premises, including without limitation additions, reconfigurations, teardowns or
relocations at its discretion, subject to the notice requirement set forth in Section 2.b.
b. By the VRD. The VRD shall not make any changes to any portion of the
Premises which would adversely change the function, access, value, or quality of the
Premises without the Town's prior written approval.
10. Parking. Parking spaces for the VGC shall be designated as follows:
a. The spaces directly in front of the VGC will be signed and used as VGC
parking only at all times. The Northwest space in this row will be designated as handicap
parking and will be jointly used by the VGC and Red Sandstone Elementary School.
b. When school is in session, the spaces across from the VGC shall be signed
and used for school staff parking Monday - Friday, 7:00 a.m. - 5:00 p.m., and school staff
and VGC parking on Saturday and Sunday.
March 2, 2021 - Page 35 of 136
{00812221.DOCX / }6
c. When school is in session, the middle bench parking will be signed and
used as school staff parking Monday - Friday, 7:00 a.m. - 5:00 p.m.
d. The lower parking spaces adjacent to the N. Frontage Road, will be signed
and used as school NGC parking, Monday - Friday, 7:00 a.m. - 5:00 p.m.
11. Subleasing. The VRD may not sublease the Premises without the prior written
consent of the Town, which consent may be withheld in the Town's sole discretion.
12. No Lien. The VRD agrees that it will not permit or suffer to be filed or claimed
against the interest of the Town in the Premises any lien or claim of any kind during the
terms of this Lease; if such lien or claim is filed, the VRD, within 30 days after receipt of
notice of such lien or claim, shall cause the lien to be released.
13. Hazardous Materials.
a. Though the Town has no actual knowledge of the presence of any
hazardous materials or other adverse environmental conditions on the Premises, the
Town makes no warranty regarding such materials or conditions.
b. The VRD shall keep and maintain the Premises in compliance with and shall
not cause or permit the Premises to be in violation of, any federal, state, or local laws,
ordinances or regulations relating to industrial hygiene or to the environmental conditions
on, under, about, or affecting the Premises. The VRD shall not use, generate,
manufacture, store, or dispose of on, under or about the Premises or transport to or from
the Premises any flammable explosives, radioactive materials, hazardous wastes,
asbestos, lead-based paints, toxic substances, or related materials, including without
limitation any substances defined as or included in the definition of hazardous
substances, hazardous wastes, hazardous materials, or toxic substances under any
applicable federal or state laws or regulations.
14. Insurance. At all times during the term of this Lease, the VRD, at its own cost,
shall carry and maintain adequate insurance policies to insure against all liability, claims,
demands and other obligations associated with this Lease. At a minimum, the VRD shall
procure and maintain the following insurance coverages listed below, with forms and
insurers acceptable to the Town:
a. Workers' Compensation coverage as required by law.
b. Fire and Extended Loss coverage for all improvements on the Premises, in
an amount equal to 100% of the replacement cost of such improvements, naming the
Town as an additional insured.
c. The following coverages in minimum amounts of $1,000,000 for each
occurrence and $2,000,000 general aggregate:
March 2, 2021 - Page 36 of 136
{00812221.DOCX / }7
i. General Liability coverage applicable to the Premises, including bodily
injury, broad form property damage, personal injury, blanket contractual, products
and completed operations, naming the Town as an additional insured.
ii. Comprehensive Automobile Liability coverage for the owned, hired or non-
owned vehicles used in the performance of this Lease, naming the Town as an
additional insured.
iii. Liquor liability coverage if the VRD has or obtains a liquor license to serve
wine, beer, or intoxicating liquors on the Premises, naming the Town as an
additional insured.
15. Breach.
a. If the VRD fails to perform any of its obligations under this Lease, the Town
shall provide the VRD with written notice of the breach. The VRD shall have 15 days
after the date of the notice to cure the breach. If a longer period is reasonably required
to cure the breach and the cure is promptly begun, such cure period shall be extended
for as long as the cure is being diligently undertaken to completion, as determined by the
Town.
b. If the VRD fails to cure the breach within 15 days after the date of the notice
and a cure is not diligently being undertaken, the Town may, in its sole discretion, cure
the breach without additional notice to the VRD. If the Town chooses to cure the breach,
the VRD shall be liable for the costs and fees that the Town expends to cure the breach,
including any costs resulting from the work of Town employees. The VRD's liability for
costs and fees associated with curing a breach shall survive the termination of this Lease.
c. In addition to curing a breach by the VRD, the Town may, in its sole
discretion, terminate this Lease as a result of the VRD's failure to cure the breach, upon
30 days prior written notice.
d. If the Town fails to perform any of its obligations under this Lease, the VRD
shall provide the Town with written notice of the breach. The Town shall have 15 days
after the date of the notice to cure the breach. If a longer period is reasonably required
to cure the breach and the cure is promptly begun, such cure period shall be extended
for as long as the cure is being diligently undertaken to completion, as determined by the
VRD. If the Town fails to cure the breach within 15 days after the date of the notice and
a cure is not diligently being undertaken, the VRD may, in its sole discretion, cure the
breach without additional notice to the Town. If the VRD chooses to cure the breach, the
Town shall be liable for the costs and fees that the Town expends to cure the breach,
including any costs resulting from the work of VRD employees. The Town’s liability for
costs and fees associated with curing a breach shall survive the termination of this Lease.
In addition to curing a breach by the Town, the VRD may, in its sole discretion, terminate
this Lease as a result of the Town’s failure to cure the breach, upon 30 days prior written
notice.
March 2, 2021 - Page 37 of 136
{00812221.DOCX / }8
16. Miscellaneous.
a. Assignment. This Lease and the VRD's obligations under this Lease shall
not be assignable without the prior written approval of the Town.
b. Severability. If any provision of this Lease is determined to be void by a
court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
c. Integration. This Lease represents the entire agreement between the
parties hereto with respect to the subject matter hereof, and all prior or extrinsic
agreements, understandings or negotiations shall be deemed merged herein.
d. Waiver. No provision of this Lease may be waived to any extent unless and
except to the extent the waiver is specifically set forth in a written instrument executed by
the Party to be bound thereby.
e. Modification. This Lease may only be modified by subsequent written
agreement of the Parties.
f. Governing Law and Venue. This Lease shall be governed by and construed
in accordance with the laws of the State of Colorado, and venue for any legal action
arising out of this Lease shall be in Eagle County, Colorado.
g. No Third-Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this Lease, nor shall any third party have any rights to enforce this Lease
in any respect.
h. No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties, and nothing contained in this Lease shall be construed as
making the Parties joint venturers or partners.
i. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities that the Town or the VRD and their officials,
representatives, attorneys and employees may have under the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended.
j. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town or the VRD under this Lease are
specifically contingent upon annual appropriation of funds sufficient to perform such
obligation. This Lease shall never constitute a debt or obligation of the Town or the VRD
within any statutory or constitutional provision.
k. Force Majeure. Neither Party shall be in breach of this Lease if a failure to
perform any of the duties under this Lease is due to Force Majeure, which shall be defined
as the inability to undertake or perform any of the duties under this Lease due to acts of
God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes,
forces of nature, pandemics or the authority and orders of government.
March 2, 2021 - Page 38 of 136
{00812221.DOCX / }9
l. Notice. Any notice to be sent to the Parties pursuant to the terms of this
Lease shall be considered made 3 days after it is mailed via first class U.S. Mail to the
following addresses:
Town of Vail: VRD:
Town Manager Executive Director
75 South Frontage Road 700 South Frontage Road
Vail, CO 81657 Vail, CO 81657
IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective
Date.
TOWN OF VAIL
________________________________
Scott Robson, Town Manager
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
VAIL PARK AND RECREATION
DISTRICT, d/b/a the VAIL
RECREATION DISTRICT
________________________________
ATTEST:
_____________________________
March 2, 2021 - Page 39 of 136
1
2/26/2021
\\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\VGC USE 1ST AMEND-A020221.DOCX
FIRST AMENDMENT TO INTERGOVERNMENTAL JOINT USE AGREEMENT FOR
THE TOWN OF VAIL GYMNASTICS CENTER
This First Amendment to Intergovernmental Joint Use Agreement for the Town of
Vail Gymnastics Center (the "First Amendment") is made and entered into as of the ____
day of _____________, 2021 (the "Effective Date"), by and among the TOWN OF VAIL,
a Colorado home rule municipality (the "Town"), EAGLE COUNTY SCHOOL DISTRICT
RE-50J, a Colorado school district (the "School District"), and the VAIL PARKS AND
RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT, a Colorado quasi-
municipal corporation and political subdivision of the State of Colorado (the "VRD") (each
a "Party" and collectively, the "Parties").
WHEREAS, the Town owns the Vail Gymnastics Center;
WHEREAS, the VRD leases the Vail Gymnastics Center from the Town under a
Lease Agreement dated _________________ (the "Lease");
WHEREAS, on June 1, 2005, the Parties entered into an Intergovernmental Joint
Use Agreement for the Town of Vail Gymnastics Center (the "Agreement"); and
WHEREAS, the Parties now wish to amend the Agreement to change the term, so
that the term of the Agreement matches the term of the Lease.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
adequacy and receipt of which are hereby acknowledged, the Parties agree as follows:
1. Section 3 of the Agreement is hereby amended to read as follows:
3. Term. This Agreement shall commence on ______________, 2021 and
shall continue for 10 years, terminating on _________________, 2031, unless the
Lease is terminated pursuant to its provisions . This Agreement may then be
renewed for up to two additional terms, of 5 years (each a "Renewal Term"), if the
VRD exercises its right to renew the Lease for such terms pursuant to Section 2
of the Lease.
2. All other provisions of the Agreement shall remain unchanged.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of
the Effective Date.
TOWN OF VAIL
________________________________
Scott Robson, Town Manager
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 40 of 136
2
2/26/2021
\\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\VGC USE 1ST AMEND-A020221.DOCX
VAIL RECREATION DISTRICT
________________________________
ATTEST:
_____________________________
March 2, 2021 - Page 41 of 136
3
2/26/2021
\\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\VGC USE 1ST AMEND-A020221.DOCX
EAGLE COUNTY SCHOOL DISTRICT
RE 50J
________________________________
ATTEST:
_________________________
March 2, 2021 - Page 42 of 136
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 : United Companies Contract Award f or the S outh F rontage Road Roundabout
P roject Construction
AC T IO N RE Q UE S T E D O F C O UNC IL : Award Contract to United C omapanies
B AC K G RO UND: T he S outh F rontage Road Roundabout Project will widen the South Frontage
Road to four lanes with sidewalks, medians, and a roundabout from Vail Health to the L ionshead
P arking Structure. T he Town advertised the project for construction bids and received three
qualified bids.
S TAF F RE C O M M E ND AT I O N: Award C ontract to United Comapanies
AT TAC H ME N TS :
Description
Memo
Overview Plan
March 2, 2021 - Page 43 of 136
To: Vail Town Council
From: Public Works Department
Date: March 2, 2021
Subject: South Frontage Road Roundabout Project Construction Contract Award
I. SUMMARY
The Town of Vail recently advertised for public bid the South Frontage Road
Roundabout Project that extends from Vail Health to the Lionshead Parking Structure.
The Town received three qualified bids;
United Companies $5,124,987
Kraemer NA $6,077,454
Schofield Excavation $6,293,261
Town staff has reviewed each bid and recommends awarding the project contract to
United Companies in an amount not to exceed $5,125,000.
The anticipated start date is April 12, right after Vail Mountain closes, with a completion
date expected by November. During construction, two-way traffic will be maintained at
all times with the most impactful work occurring in the spring and fall timeframes,
however construction will be on-going through-out the summer months.
The design team has also been actively working with all impacted property owners and
agencies to address design and construction concerns, specifically:
• Vail Health: The design team has coordinated with Vail Health’s design team to
confirm the new improvements work seamlessly with Vail Health’s new entry and
planned new bus stop in front of the Medical Professional Building that will be
constructed this spring.
• Evergreen: The design team has also ensured that the improvements are
coordinated to work with the Evergreen’s current and future planned access
points. The Town is in the process of acquiring the necessary easements, both
permanent and temporary, for the construction of the roundabout portion.
• Vail International: In order to address the aesthetic and functional concerns of
the large wall that will be required to be built just to the north of the Vail
International property, staff has had numerous meetings with Vail International.
The approved tiered wall will be a Redi-Rock precast textured wall, similar to the
new CDOT chain station wall in East Vail. Additional landscape will be planted in
March 2, 2021 - Page 44 of 136
Town of Vail Page 2
front of the wall to screen the wall. The Town is in the process of acquiring a
temporary construction easement in order to plant this landscape.
• CDOT: Since this project is solely within CDOT/FHWA ROW, the project is
subject to CDOT approval. CDOT has approved the plans, and we are waiting
on a Notice to Proceed from CDOT expected prior to April 12.
• Town of Vail: The Town of Vail will have to provide additional Right of Way to
FHWA/CDOT in order to accommodate the roundabout. This additional 643 SF
of ROW will be taken from the south west corner of the Community Development
building property, just south of the original Heli-Pad location.
Next Steps for the project include;
• Contract Award March 2021
• Complete ROW & Easement Acquisition Process March-April 2021
• Construction April-Nov 2021
II. ATTACHMENTS
South Frontage Road Roundabout Project Plan (Overview)
March 2, 2021 - Page 45 of 136
SOUTH FRONTAGE ROAD IMPROVEMENTS
Vail, CO
SCALE:
1” = 80’40’80’N0’160’Limits of
Construction
Vail Health
Hospital
Evergreen Lodge
Town
Municipal
Building
Vail Community
Development
Building
Vail International
Condominiums
Dobson
Ice Arena
I-70 east
b
o
u
n
d
S Fronta
g
e
R
d
I-70 west
b
o
u
n
d
March 2, 2021 - Page 46 of 136
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 : S G M C onstruction Management C ontract Award f or S outh F rontage R oad
Roundabout P roject -
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove Contract with S G M f or construction
management services
B AC K G RO UND:
A s a part of the S outh F rontage R oad R oundabout Project, the Town of Vail is required by C D O T
to hire a third-party consultant engineer to represent C D O T and confirm that the project is built per
C D O T approved plans and specifications.
S TAF F RE C O M M E ND AT I O N:
Town Staf f recommends that the Town Council authorize the Town Manager to enter into a contract
with S G M in an amount not to exceed $67,000 for Construction Management Services, in a
contract form approved by the Town Attorney.
AT TAC H ME N TS :
Description
Memo
S G M Proposal
March 2, 2021 - Page 47 of 136
To: Vail Town Council
From: Public Works Department
Date: March 2, 2021
Subject: South Frontage Road Roundabout Project Construction Management Contract
Award
I. SUMMARY
As a part of the South Frontage Road Roundabout Project, the Town of Vail is required
by CDOT to hire a third-party consultant engineer to represent CDOT and confirm that
the project is built per CDOT approved plans and specifications.
The Town of Vail and SGM, the project’s Design Engineer and Engineer of Record,
have worked with CDOT to streamline the scope of services required, considering the
Town of Vail will have our own qualified internal management and inspection team.
This has reduced the scope from a $150k-$200k effort to a $67k joint effort.
Town Staff recommends that the Town Council authorize the Town Manager to enter
into a contract with SGM in an amount not to exceed $67,000 for Construction
Management Services, in a contract form approved by the Town Attorney.
II. ATTACHMENTS
SGM Proposal
March 2, 2021 - Page 48 of 136
February 10, 2021
Mr. Tom Kassmel, P.E.
Town of Vail
Public Works Department
1309 Elkhorn Drive
Vail, CO 81657
Email: tkassmel@vailgov.com
RE: Request for Proposal – South Frontage Road Construction Oversight
Dear Tom:
SGM is pleased to provide you with this proposal for continuing our work on the South Frontage Road
project by providing Construction Oversight. We are familiar with the project, understand the requirement
of CDOT associated with Exhibit A of the Access Permit and understand the role the Town intends to
fulfill for the project.
We are familiar with the documentation requirements of CDOT for Access Permit projects. SGM plans to
serve as the lead to meet the requirements of the Consultant Access Permit Inspection Staff (CAPIS)
outlined in Exhibit A. Ron Nies, will serve as the Project Engineer during construction, coordinating with
the Town, CDOT Access Project Manager and the CDOT Access Engineer.
It is our understanding that the Town will provide the following staff for the project.
· Tom Kassmel: Town Project Manager
· Chad Salli: Town Project Engineer (Daily Coordination & Site visits, resolve conflicts, fill in as
necessary with Daily Logs and Photos)
· Chris Delles: Town Project Inspector (Daily Inspection, Logs, Photos, Coordination)
SGM would serve as the lead to meet the CDOT CAPIS requirements as described in Exhibit A of the
Access Permit. This would include inspection on critical items, minimal weekly inspections, weekly logs
submitted, weekly meeting attendance, submittal review, coordination of all material and Town inspection
reports, coordination with CDOT; compiling, signing, and submitting all necessary CDOT forms; and
certifying the project was constructed per the project Plans and Specifications following construction.
SGM would provide the lead in assurance that Town daily and weekly documentation was done in a
manner consistent with CODT standards.
Generally, the responsibilities for completing project documentation are further outlined in a marked-up
Exhibit A (attached).
The proposal is based upon a 1.5 days (12 hours) per week of Project Engineer involvement over the
length of the project to satisfy the role. There will be weeks when more work is required; at the beginning
of the project, during critical work items, and completing documentation at the conclusion of the project.
There will be weeks when all that is required is attendance at the weekly meeting. We are using a
duration from April through October, 32 weeks for this estimate.
March 2, 2021 - Page 49 of 136
Please find attached a man hour estimate to complete the Work, $66,084.00. SGM will bill this on a time
and materials basis. We will take the opportunity to use efficient junior engineering staff to provide
documentation where possible to reduce costs. SGM will keep the Town aware of any intention to alter
the staffing of the project and consider the Town’s input on staffing additions or changes.
Please contact me at 970.379.3378 or danc@sgm-inc.com with any questions about this proposal. SGM
looks forward to the opportunity to help the Town with this project. Resumes are available upon request.
Sincerely,
SGM
Dan Cokley, PE, PTOE
Principal
March 2, 2021 - Page 50 of 136
ESTIMATED BY: Dan Cokley
PROJECT: South Frontage Road DATE: 2/10/2021
CLIENT: Town of Vail REVISION: 0
No.Code Personnel Description Name Rate Hours Salary Labor
1 PE Project Engineer Ron Nies $172.00 384 $66,048.00
*Assumes 32 week construction time period at 12 hours per week
Subtotal 384 $66,048.00
SGM Hours and Labor Charges
Print Date: 2/10/2021 Page 1 of 1 SGM ConfidentialMarch 2, 2021 - Page 51 of 136
CDOT Access Permit 321022 January 29, 2021
Exhibit A
1.Permittee shall provide all construction inspection and testing per the CDOT Standard
Specifications for Road and Bridge Construction, latest edition. All costs shall be paid by
the Permittee.
2.Permittee shall provide Consultant Access Permit Inspection Staff (CAPIS) to fulfill the
function of the normal CDOT Access Inspector. The CAPIS work shall be under the
direction of, and shall be reviewed by a Professional Engineer registered in the State of
Colorado. The consultant fulfilling the role shall be pre-approved by CDOT. All costs shall
be paid by the Permittee. The Consultant Access Permit Inspection staff shall coordinate
with the CDOT Access Project Manager and CDOT Access Engineer.
3.The CAPIS permanently assigned to the access project shall be competent in road and
bridge construction and be thoroughly familiar with current CDOT specifications, manuals,
forms and documentation requirements. The level of qualification provided shall be as
requested and approved by the CDOT Access Engineer and the CDOT Access Project
Manager. The Consultant Access Permit Inspection staff shall have recent experience
working for CDOT on similar projects and providing CDOT inspection services.
4.All of the CAPIS on-site project personnel shall maintain a daily diary and photos for each
day the consultant Access Permit Inspector performs work on the project. They shall use
CDOT Form 103, Project Diary, or a similar form approved by the CDOT Project
Manager. The contents of the diary shall be brief and accurate statements of progress
and conditions encountered during the prosecution of the work. Editorial comments shall
not be incorporated in the diaries or on any written correspondence applicable to the
project. Compiled copies of the daily diary shall be given to the CDOT Project Manager
weekly at a minimum or as required to convey the progress of the project and provide
adequate communications.
5.The CAPIS shall assist the CDOT Project Manager in performance of construction
observation and inspection activities and other construction project-related activities, as
directed by the CDOT Project Manager.
(a) Onsite observation of all major construction activities including but not limited to the
following:
i)Construction staking and layout;
ii) Sub-base placement and compaction;
iii) Asphalt placement and asphalt testing;
iv) Placement of concrete forms and rebar;
v) Concrete placement and concrete testing;
vi) Pavement striping;
vii) Utility staking, installation, and construction;
viii) Utility boring activities;
ix)And as directed by the CDOT Project Manager:
(b) Initial, follow-up, completion, and final inspections of work in progress, including
interim and final measurements;
(c) Notifying contractor, Engineer of Record, and CDOT Engineer of non-compliance with
March 2, 2021 - Page 52 of 136
CDOT Access Permit 320131 December 8, 2020
the contract plans and specifications;
(d)Submittal of Project Diaries as required.
(e)Preparation of routine correspondence to the contractor, CDOT Staff, local agencies,
etc.
(f)Collecting and compiling materials testing and documentation;
(g)Participation in weekly progress meetings with contractor, subs, utilities, and other
interested parties;
(h)Anticipating project problems and suggesting solutions to the CDOT Project Manager
and Access Engineer;
(i) Review and approve the Contractor's Method of Handling Traffic if delegated by the
CDOT Project Manager;
(j)Monitoring compliance with and taking appropriate action to preserve safety on the
project for all workers and traveling public in accordance with the Contractor's Method of
Handling Traffic and the Manual of Uniform Traffic Control Devices;
(k)Providing liaison and communication to contractor contractor’s superintendent
(l)Preparation of punch lists of uncompleted work, non-conformance, and
deficiencies. Maintaining accurate field notes during construction reflecting actual
construction details to be used in the review of the as-constructed plans;
(m)Assist the CDOT Project Manager in the final walk through and preparing project final
close-out documentation;
(n)Miscellaneous project-related duties as directed by the CDOT Project Manager.
6.During construction, the CAPIS shall:
(a)Observe the Contractor’s operations and report fully on CDOT Form 103 Project Diary.
(b)Assure that the mechanisms, devices, materials, and workmanship provided by the
Contractor are in compliance with the Construction Plans and any other contract
references; and document this in the Inspector’s Report CDOT Form 266.
(c)For those Pay Items that involve electronic and/or mechanical equipment, verify that
the installation performs as specified, and document that finding.
(d)Observe performance of special tests, investigations, or monitoring which may be
required to fulfill the intent of the plans and specifications.
(e)When deficiencies occur on the construction site, report fully to the CDOT Project
Manager and CDOT Permit Unit Engineer.
(f)Participate in weekly coordination meetings with the Contractor, subcontractors,
utilities, and other interested parties.
(g)Provide liaison and communication to Contractor and field crews.
7.The Permittee shall provide the following public information services or otherwise
approved Public Information Plan on an ongoing basis throughout the duration of the
access project. The public information manager (PIM) shall be available on every working
day, accessible and on call by cell phone or pager at all times and available upon the
request of the CDOT at other than normal working hours. The PIM shall communicate
with the CDOT daily.
(a)The Permittee shall establish a Public Information Office (PIO) equipped with a
telephone and an answering machine or answering device with the capability to record a
message from the caller. This may be a cell phone, but shall be a local number. The PIO
shall be equipped with a computer and an e-mail account. The PIO may or may not be
March 2, 2021 - Page 53 of 136
CDOT Access Permit 320131 December 8, 2020
located within the Contractor’s regular office provided that the telephone has a local call
number. The PIO shall record a friendly greeting on the project’s published phone line
each week, updating the message throughout the week, as necessary, depending on
changes in work schedule, activities and traffic impacts. The recording shall include each
week’s forthcoming activities including work days, hours and expected traffic delays,
posted detours, project completion date, and office hours. The PIO shall check the
answering machine at least twice every calendar day, including weekends. The PIO shall
respond to callers and e-mail inquiries as soon as possible, but at least within 24
hours. The PIM shall keep a logbook of all calls including the contact name, date of
contact, date responded, the contact's comments, and the action the PIM took. A copy of
this log shall be submitted to the CDOT every two weeks or more frequently, as requested
by the CDOT.
(b) The PIO shall maintain communications with businesses and individual residences,
commuters, local government entities and all other stakeholders that are directly
adjacent to and affected by the project, or that express interest in being informed. Using
a communications method or strategy approved by the CDOT, the Permittee shall notify
stakeholders about the project two weeks prior to beginning any lane restrictions or
project activities. Depending upon project impacts, contact with stakeholders may be
required daily, weekly, monthly or periodically throughout the duration of the
project. Communications tools could include hand flyers, door hangers, newsletters,
mailers, using e-mail distribution lists, etc. All public information correspondence and
subsequent updates shall be submitted to both CDOT’s Region Public Relations Manager
and the CDOT Project Manager two business days before distribution, and shall be
approved by CDOT’s Region Public Relations Manager before distribution.
(c) Each communication tool shall include contact information, PIM’s name, office
phone, CDOT Web-site address with CDOT logo. Cell phone numbers and e-mail addresses
shall be provided. The communication shall include the description of work, lane
restrictions, a detour map if warranted, the anticipated start and completion dates, hours
of operation and work schedule CDOT’s Region Public Relations Manager will provide
additional text for inclusion, if warranted.
(d) The Contractor shall erect construction traffic signs with the dates the Contractor
expects to initiate and complete construction and with the Contractor’s public
information office's or PIM’s phone number at each major approach to the project. The
signs shall conform to the requirements of Section 630 and shall be erected at least one
week prior to the beginning of construction. These signs shall be updated if the project
schedule changes, at no cost to the department.
March 2, 2021 - Page 54 of 136
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 : 2021 Event F unding A greements over $50,000.
AC T IO N RE Q UE S T E D O F C O UNC IL : A uthorize the Town Manager to enter into agreements
with the following event producers, on a form approved by the Town A ttorney, to produce following
events; Vail F armers Market and A rt S how produced by the Meadow Drive P artnership f or
$53,160, Vail A merica Days produced by Highline S ports and E ntertainment for $53,160, Vail
Oktoberfest produced by Highline Sports and E ntertainment f or $53,160, G R FA L ive Music and
E ntertainment produced by the Vail Valley F oundation f or $52,500, Vail J azz F estival produced by
the Vail J azz F oundation for $75,000, T he S ummer Mountain Games produced by the Vail Valley
F oundation for $98,000 and Bravo! Vail Music F estival produced by B ravo! Vail f or $207,855.
B AC K G RO UND: Provide inf ormation on the 2021 C S E events that have been awarded more
than $50,000 and to request that Council authorize the Town Manager to enter into f unding
agreements for those events.
S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into the event agreements
with the event producers, on a form approved by the Town A ttorney, and not to exceed the contract
amounts outlined in staff's memorandum.
AT TAC H ME N TS :
Description
Memo - Event Funding Agreements over $50,000
March 2, 2021 - Page 55 of 136
To: Vail Town Council
From: Economic Development Department
Date: 03/02/2021
Subject: Event Funding Agreements for 2021 Events over $50,000
PURPOSE
The purpose of this memo is to provide information on the 2021 events that have been
awarded more than $50,000 and to request that Council authorize the Town Manager to
enter into funding agreements with those events.
BACKGROUND
As part of the 2021 Council and Commission on Special Events funding process, seven
events or programs were awarded over $50,000. Town of Vail financial policies require
that any contract valued at over $50,000 receive Town Council approval prior to being
executed. The following events or programs will be sent funding agreements from the
Town Clerks office upon council approval.
The 2021 funding agreement has been modified from previous years to address
learnings from the 2020 funding cycle and COVID-19 impacts. The payment schedule
for events has been modified to the following; Payment one, in the amount of 33% of
the total funding contribution will be made no sooner than 60 days prior to the event,
and after an update has been presented to CSE to confirm that the scope of the event
as presented has not significantly changed. Payment two will be made no sooner than
30 days prior to the event, in the amount of 33% of the total funding contribution, and
upon completion of the special event permit application. Payment three will be made
after the completion of the event, and pending approval of the final payment by CSE
after the event recap is presented to CSE. The payment dates have been set much
closer to the event date to allow staff and CSE to more accurately evaluate the current
public health orders and the likelihood that the event will be able to be held successfully.
The events and amounts of funding that Staff is requesting approval to contract are as
follows.
Event Funding Amount Event Producer Funding Source
Vail Farmers Market
and Art Show
$53,160 Meadow Drive
Partnership
CSE
Vail America Days $53,160 Highline Sports
and
CSE
March 2, 2021 - Page 56 of 136
Town of Vail Page 2
Entertainment
Vail Oktoberfest $53,160 Highline Sports
and
Entertainment
CSE
GRFA Live Music
and Entertainment
$52,500 Vail Valley
Foundation
Council
Vail Jazz $75,000 Vail Jazz
Foundation
Council
Summer Mountain
Games
$98,000 Vail Valley
Foundation
Council
Bravo! Vail $207,855 Bravo! Vail Council
ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into agreements with the following event
producers, on a form approved by the Town Attorney, to produce following events; Vail
Farmers Market and Art Show produced by the Meadow Drive Partnership for $53,160,
Vail America Days produced by Highline Sports and Entertainment for $53,160, Vail
Oktoberfest produced by Highline Sports and Entertainment for $53,160, GRFA Live
Music and Entertainment produced by the Vail Valley Foundation for $52,500, Vail Jazz
Festival produced by the Vail Jazz Foundation for $75,000, The Summer Mountain
Games produced by the Vail Valley Foundation for $98,000 and Bravo! Vail Music
Festival produced by Bravo! Vail for $207,855.
March 2, 2021 - Page 57 of 136
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. 10, Series of 2021, a Resolution A pproving a D evelopment
A greement with Triumph Development West. L L C . f or the D evelopment of the Middle Creek
P roject.
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 IL : A pprove, approve with modifications, or deny
Resolution No. 10, S eries of 2021 as presented.
B AC K G RO UND:
T he purpose of this memorandum is to present Resolution No. 10, S eries of 2021. T he
Development Agreement is a continuation of, and in addition to, the Pre-D evelopment Agreement
executed on F ebruary 10, 2021. The Development Agreement sets f orth the terms and
conditions under which the Middle Creek P roject will proceed.
S TAF F RE C O M M E ND AT I O N: The town staff recommends the Vail Town Council approves
Resolution No. 10, S eries of 2021
AT TAC H ME N TS :
Description
Lot 3, Middle C reek D evelopment Agreement Memorandum
Resolution No. 10 S eries of 2021
Middle Creek Development Agreement
public input
March 2, 2021 - Page 58 of 136
To: Vail Town Council
From: George Ruther, Housing Director
Date: March 2, 2021
Subject: Resolution No. 10, Series of 2021, a Resolution Approving a Development Agreement
with Triumph Development West. LLC. for the Development of the Middle Creek Project.
1. SUMMARY
The purpose of this memorandum is to present Resolution No. 10, Series of 2021.
On February 2, 2021, the Vail Town Council passed Resolution No. 3, Series of 2021,
approving a Pre-Development Agreement for the Middle Creek Project (6-1 Stockmar opposed).
At the direction of the Vail Town Council town staff has prepared a Development Agreement for
the Council’s consideration. As presented, the Development Agreement has the support of the
town staff and Triumph Development.
The terms of the Development Agreement between the Town of Vail and Triumph Development
West, LLC, are summarized below in Section 2 of this memorandum. The Development
Agreement is a continuation of, and in addition to, the Pre-Development Agreement executed on
February 10, 2021. The Development Agreement sets forth the terms and conditions under which
the Middle Creek Project will proceed. All terms and conditions in the agreement are in addition
to any requirements of the Vail Town Code, state and federal law and other Town ordinances,
and are not intended to supersede any requirements contained therein.
It remains an important to note, that while the Middle Creek Project was previously intended to
be a key component of the alternate housing sites initiative which aimed to protect and preserve
the Booth Heights Parcel from future development, that is no longer the case. Vail Resorts
chose to withdraw from alternate housing sites discussions. As such, protecting and preserving
the Booth Heights Parcel can no longer be an objective of the Middle Creek Project. Contrary to
public opinions and wishes, the Town is unable to force Vail Resorts to discuss the merits of the
alternate housing sites initiative.
It is further acknowledged that the Town’s sole objective of the Middle Creek Project is to
advance, in part, the Town’s adopted housing goal of acquiring 1,000 additional deed
restrictions by the year 2027.
2. DEVELOPMENT AGREEMENT TERMS
The Vail Town Council has provided direction on the terms of the Development Agreement.
Public input was considered in the direction shared by the Town Council.
March 2, 2021 - Page 59 of 136
Town of Vail Page 2
In sum, direction of the Town Council included:
• Add a provision requiring renewable energy sources, multi-modal transportation
solutions and environmental sustainability improvements as critical components of the
development program for the Middle Creek Project.
• Ensure accuracy and consistency exists between the executed Pre-Development
Agreement and the proposed Development Agreement to prevent conflicts in the
interpretation of the two documents.
• Triumph Development shall acknowledge that it is foregoing and abandoning its
opportunities for development on the Booth Heights Parcel.
A summary of the terms of the Development Agreement are outlined below. These terms are in
addition to those terms agreed to between the Town and Triumph Development in the Pre-
Development Agreement, dated February 10, 2021. A copy of the Development Agreement is
attached to the Resolution No. 10, Series of 2021, as Exhibit A, for reference.
Development Agreement
Sections 1 - 8 of the Development Agreement outline the terms and obligations of the Town and
Triumph Development. The following is a summary of the key terms and obligations:
• The Town of Vail will record a deed restriction on the property limiting future
development to 100% deed restricted homes for resident occupancy.
• The term of the agreement commences on the Effective Date, and terminates two years
following issuance of the final certificate of occupancy for the Project; provided the Parties
have not executed the Ground Lease on or before June 28, 2021, the agreement
automatically terminates without further action of the Parties. This term ensures an
adequate warranty period, etc.
• As a co-applicant, the Town is responsible for 100% of the cost of the entitlement
process. As such, the Town will own 100% of the rights to all plans, documents and
materials produced.
• Triumph shall construct all new improvements on the Property, including buildings,
structures, signage, streets, sidewalks, utilities and other improvements necessary for
the Project, including renewable energy options and multi-modal transportation options
(collectively the "Improvements"). The Parties will cooperate to establish the number of
units to be constructed and the appropriate unit types for the Project, provided that the
Project shall include a minimum of 144 beds.
• Triumph Development is solely responsible for the financing and construction of the
Project. The Town assumes no financing obligations, construction cost, or development
risk.
• Provided the parties complete the entitlement process by June 28, 2021, Triumph is
obligated to submit a complete application for a building permit for the Project on or
before September 1, 2021; commence construction of the Improvements on or before
September 30, 2021; and obtain a certificate of occupancy for the Improvements on or
before November 30, 2022.
• If the parties fail to complete the entitlement process by June 28, 2021, Triumph is
obligated to submit a complete building permit application for the Project on or before
March 15, 2022; commence construction of the Improvements on or before April 15,
2022; and obtain a certificate of occupancy for the Improvements on or before August
31, 2023.
March 2, 2021 - Page 60 of 136
Town of Vail Page 3
• If Triumph fails to complete the Improvements as required by the Agreement, the Town
shall have the right, but not the obligation, to:
o complete the improvements;
o restore the Property to the condition it was prior to commencement of
construction of the Improvements; or
o restore the Property to a condition that the Town deems safe while awaiting
completion of the Improvements by another party; and
o to charge the costs thereof to Triumph.
• Triumph acknowledges that it will not be entitled to any Employee Housing Unit credit for
the Project under Sections 12-23-7 and 12-24-7 of the Code, as the credit shall remain
with the Town.
• On May 5, 2021, if the Parties have executed a development agreement for the Timber
Ridge Project, then Triumph shall permanently and irrevocably waive and abandon any
and all rights Triumph may have in the Booth Heights Project. Notwithstanding the
foregoing, based on representations made to the Town, it is the Town's understanding
that Triumph does not hold any development rights with respect to the Booth Heights
Project, which development rights, if any, would benefit the property on which the Booth
Heights Project is located and the owner thereof.
• Triumph shall require the general contractor responsible for constructing the
Improvements to provide a performance bond to Triumph to guarantee the construction
of the Improvements, and the Town shall be named as an obligee under such bond.
The performance bond shall be equal to the full amount of the cost of construction of the
Improvements. Triumph shall provide a copy of such performance bond to the Town
prior to commencing construction.
• Triumph hereby represents and warrants to the Town that all of the following are true and
correct as of the date of signature and the Effective Date: (in part) Triumph is the sole
owner of the approved plans for the Booth Heights Project (but not the development
rights for the Booth Heights Project)
• Triumph shall be in breach and default of the agreement if, prior to May 5, 2021, Triumph
assigns, sells or otherwise transfers to any third party any right or interest it may have in
the applications or approved plans for the Booth Heights Project.
3. RECOMMENDATION
The town staff recommends the Vail Town Council approves Resolution No. 10, Series of 2021,
as presented. As presented, the Development Agreement achieve the objectives articulated by
the Town Council for the development of the Middle Creek Project.
March 2, 2021 - Page 61 of 136
RESOLUTION NO. 10
Series of 2021
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH TRIUMPH
DEVELOPMENT WEST LLC FOR THE DEVELOPMENT OF LOT 3, MIDDLE CREEK
WHEREAS, the Town owns the real property described as Lot 3, Amended Final
Plat Middle Creek Subdivision, a Resubdivision of Lot 1, County of Eagle, State of
Colorado (the "Property");
WHEREAS, the Town has agreed to provide a long-term ground lease of the
Property to Triumph Development West LLC (“Triumph”), so Triumph can redevelop the
Property, in cooperation with the Town, as a 100% deed-restricted employee housing
project including at least 144 beds (the "Project") pursuant to the terms of the
Development Agreement for Lot 3, Middle Creek, attached hereto as Exhibit A and made
a part hereof by this reference (the “Agreement”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Agreement in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
attorney, and authorizes the Town Manager to execute the Agreement on behalf of the
Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 2nd day of March 2021.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 62 of 136
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
DEVELOPMENT AGREEMENT
(Lot 3, Middle Creek)
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this ____ day of
_______________, 2021 (the "Effective Date"), by and between the Town of Vail, a
Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO
81657 (the "Town") and Triumph Development West LLC, a Delaware limited liability
company with an address of 12 Vail Road, Suite 700, Vail, CO 81657 (“Triumph”) (each
individually a "Party" and collectively the "Parties").
WHEREAS, the Town owns the real property described as Lot 3, Amended Final
Plat Middle Creek Subdivision, a Resubdivision of Lot 1, County of Eagle, State of
Colorado (the "Property");
WHEREAS, the Town has agreed to provide a long-term ground lease of the
Property to Triumph, so Triumph can redevelop the Property, in cooperation with the
Town, as a 100% deed-restricted employee housing project including at least 144 beds
(the "Project");
WHEREAS the Property and the Project are subject to a deed restriction for the
benefit of the Town recorded at __________________ (the "Deed Restriction");
WHEREAS, the Parties entered into a Pre-Development Agreement dated
February 2, 2021 regarding the Property;
WHEREAS, to allow the Project to proceed, the Parties intend to enter into a
separate long-term ground lease for the Property (the "Ground Lease"); and
WHEREAS, the Parties wish to further elaborate on the terms of the process and
parameters of the Project.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the terms and conditions
under which the Project will proceed. All terms and conditions in this Agreement are in
addition to any requirements of the Vail Town Code (the "Code"), state and federal law
and other Town ordinances, and are not intended to supersede any requirements
contained therein. All capitalized terms not defined herein shall have the meaning set
forth in the Pre-Development Agreement. To the extent there is any conflict between this
Agreement and the Pre-Development Agreement, this Agreement shall control.
2. Term and Termination. This Agreement shall commence on the Effective Date,
and shall terminate two years following issuance of the final certificate of occupancy for
the Project; provided that, if the Parties have not executed the Ground Lease on or before
June 28, 2021, this Agreement shall automatically terminate without further action of the
Parties.
March 2, 2021 - Page 63 of 136
2
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
3. Taxation. The Parties acknowledge their intent that the Property is to be exempt
from ad valorem property taxes pursuant to C.R.S. § 29-4-227, by virtue of a 0.01%
ownership interest in Triumph's development entity held by the Vail Local Housing
Authority, a Colorado statutory housing authority (the "VLHA").
4. Triumph's Obligations.
a. Triumph shall be responsible for payment of the Town's typical and
customary building permit application fees and plan review fees for review of all plans for
the Property. No work shall be commenced without all licenses, permits, and
authorizations required by applicable law.
b. Triumph shall be solely responsible to procure financing for the Project.
c. Triumph shall, at its sole cost, cause the construction of all new
improvements on the Property, including buildings, structures, signage, streets,
sidewalks, utilities and other improvements necessary for the Project, including
renewable energy options and multi-modal transportation options (collectively the
"Improvements"). The Parties will cooperate to establish the number of units to be
constructed and the appropriate unit types for the Project, provided that the Project shall
include a minimum of 144 beds.
d. If the Project has been finally approved by the Town by June 28, 2021,
Triumph shall:
i. Submit a complete building permit application for the Project on or before
September 1, 2021;
ii. If the Town issues a building permit before September 30, 2021, commence
construction of the Improvements on or before September 30, 2021; and
iii. If the Town issues a building permit before September 30, 2021, obtain a
certificate of occupancy for the Improvements on or before November 30, 2022.
e. If the Project has not been finally approved by the Town by June 28, 2021,
or if Triumph has submitted a complete building permit application on or before
September 1, 2021, but the Town has not issued a building permit before September 30,
2021, Triumph shall:
i. Submit a complete building permit application for the Project or before
March 15, 2022;
ii. Commence construction of the Improvements on or before April 15, 2022;
and
iii. Obtain a certificate of occupancy for the Improvements on or before August
31, 2023.
March 2, 2021 - Page 64 of 136
3
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
f. Triumph shall at all times comply with all applicable law, including without
limitation all current and future federal, state and local statutes, regulations, ordinances
and rules relating to: the emission, discharge, release or threatened release of a
Hazardous Material into the air, surface water, groundwater or land; the manufacturing,
processing, use, generation, treatment, storage, disposal, transportation, handling,
removal, remediation or investigation of a Hazardous Material; and the protection of
human health, safety or the indoor or outdoor environmental, including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§ 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. §
1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.
("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water
Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act;
the Occupational Safety and Health Act; all applicable environmental statutes of the State
of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions,
codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous waste, substance or
material, as now or at any time hereafter in effect.
g. Triumph shall have no right, authority or power to bind the Town or any
interest of the Town in the Property for any claim for labor or for material or for any other
charge or expense incurred in constructing any Improvements or performing any
alteration, renovation, repair, refurbishment or other work, nor to render the Town's
interest in the Property liable for any lien or right of lien for any labor, materials or other
charge or expense.
h. Triumph shall not be considered the agent of the Town in the construction,
erection or operation of any Improvements.
i. If Triumph fails to complete the Improvements as required by this
Agreement, the Town shall have the right, but not the obligation, to: complete the
Improvements; restore the Property to the condition it was prior to commencement of
construction of the Improvements; or restore the Property to a condition that the Town
deems safe while awaiting completion of the Improvements by another party; and to
charge the costs thereof to Triumph.
j. Triumph acknowledges that it will not be entitled to any Employee Housing
Unit credit for the Project under Sections 12-23-7 and 12-24-7 of the Code.
k. On May 5, 2021, if the Parties have executed a development agreement for
the Timber Ridge Project, then Triumph agrees that it shall have permanently and
irrevocably waived and abandoned any and all rights it may have in the applications and
approved plans for the Booth Heights Project, as defined in Section 4.a. of the Pre-
Development Agreement. Notwithstanding the foregoing, based on representations
made to the Town, it is the Town's understanding that Triumph does not hold any
development rights with respect to the Booth Heights Project, which development rights,
if any, would benefit the property on which the Booth Heights Project is located and the
owner thereof.
March 2, 2021 - Page 65 of 136
4
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
l. Triumph hereby represents and warrants to the Town that all of the following
are true and correct as of the date of signature and the Effective Date: this Agreement
has been duly authorized and executed by Triumph as the legal, valid and binding
obligation of Triumph, and is enforceable as to Triumph in accordance with its terms; the
person executing this Agreement on behalf of Triumph is duly authorized and empowered
to execute and deliver this Agreement on behalf of Triumph; to the best of Triumph's
knowledge, there is no pending or threatened litigation, administrative proceeding or other
proceeding pending or threatened against Triumph which, if decided or determined
adversely, would have a material adverse effect on the ability of Triumph to undertake its
obligations under this Agreement, other than the claims threatened by Vail Resorts in the
January 18, 2021 letter to Triumph erroneously dated January 18, 2020; to the best of
Triumph's knowledge, there is no fact or condition of the Property that may have a material
adverse effect on Triumph's ability to develop the Property as contemplated; Triumph is
the sole owner of the approved plans for the Booth Heights Project (but not the
development rights for the Booth Heights Project); and neither the execution of this
Agreement nor the consummation of the transaction contemplated by this Agreement will
constitute a breach under any contract, agreement or obligation to which Triumph is a
party or by which Triumph is bound or affected.
m. Triumph hereby agrees to indemnify and hold harmless the Town, its
officers, employees and agents from any and all suits, actions and claims of every nature
and description caused by, arising from or on account of any act or omission of Triumph,
or of any other person or entity for whose act or omission Triumph is liable, with respect
to construction of the Improvements (each a "Claim" and collectively the "Claims"); and
Triumph shall pay any and all judgments rendered against the Town as the result of any
Claim, together with all reasonable expenses and attorney fees incurred by the Town in
defending any Claim. Triumph further agrees to indemnify and hold harmless the Town,
its officers, employees and agents from any claim against the Town by the owner of any
property interest in the Booth Heights Project, which claim is based upon the effect or
alleged effect of this Agreement upon such owner's interest, including without limitation
claims of diminution of value, inverse condemnation and violation of vested property
rights.
n. Triumph acknowledges that, if the Town is presented with applications to
proceed with the Booth Heights Project, and such applications comply with all applicable
Town regulations and the approved development plans for the Booth Heights Project, the
Town will not be in a position to deny such applications, regardless of who asserts an
ownership interest in such approved development plans, and must approve any such
applications regardless of any assertion by Triumph that it is the sole owner of the
approved plans for the Booth Heights Project.
5. Town's Obligations.
a. The Town shall sign all necessary development applications for the Project
as a co-applicant. The Town will have sole ownership rights to all application materials
and approved development plans, and Triumph acknowledges that the Town may
March 2, 2021 - Page 66 of 136
5
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
proceed with the Project, regardless of whether Triumph remains a co-applicant, and
regardless of whether this Agreement is terminated for any reason.
b. The Town shall be responsible for the cost of the preparation of the design
documents for the Project from the Effective Date through the date on which the Project
is finally approved by the Town, in an amount not to exceed $390,000. Following such
final approval, Triumph shall be responsible for all costs of the Project.
c. For preparation of the design documents for the Project, all contractor
selection and the scope of work for such contractors shall be subject to the prior approval
of the Town, which shall not be unreasonably withheld.
d. The Town shall pay Triumph a development fee (the "Management Fee") in
connection with the Project, in an amount not to exceed $300,000. The payment schedule
for the management fee shall be based upon the schedule of completion of key design
development/entitlement process milestones, as set forth in Exhibit A, attached hereto
and incorporated herein by this reference.
6. Security for Completion of Improvements. Triumph shall require the general
contractor responsible for constructing the Improvements to provide a performance bond
to Triumph to guarantee the construction of the Improvements, and the Town shall be
named as an obligee under such bond. The performance bond shall be equal to the full
amount of the cost of construction of the Improvements. Triumph shall provide a copy of
such performance bond to the Town prior to commencing construction.
7. Insurance. Throughout the term of this Agreement, Triumph shall maintain the
following insurance, and certificates of such insurance shall be furnished to the Town
within 30 days of the Effective Date and at each subsequent policy renewal date:
a. Commercial general liability insurance, including contractual liability, with
limits of not less than $2,000,000 per occurrence for bodily injury, personal injury and
property damage, naming the Town as an additional insured.
b. Fire and extended coverage insurance covering the Property for injury or
damage by the elements, or through any other cause, in an amount not less than the full
actual replacement cost of the Property and Improvements, and sufficient to prevent the
Town or Triumph from becoming a co-insurer of any partial loss.
c. During the course of any construction or repair of Improvements, Builders'
Risk Insurance.
8. Triumph Default and Remedies.
a. Each of the following is a Triumph default of this Agreement:
i. If Triumph fails to perform any of its obligations under this Agreement and
fails to remedy the same within 30 days after Triumph is given a written notice
specifying the same; provided that, if the nature of the violation is such that it
March 2, 2021 - Page 67 of 136
6
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
cannot reasonably be remedied within 30 days, and Triumph provides evidence to
the Town that the violation cannot reasonably be remedied within 30 days, then
the violation shall be remedied as soon as reasonably practicable, but in any case,
within 90 days of the original notice of violation.
ii. If an involuntary petition is filed against Triumph under a bankruptcy or
insolvency law or under the reorganization provisions of any law, or when a
receiver of Triumph, or of all or substantially all of the property of Triumph, is
appointed without acquiescence, and such petition or appointment is not
discharged or stayed within 120 days after the happening of such event.
iii. If Triumph makes an assignment of its property for the benefit of creditors
or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief
under any other law for the benefit of debtors.
iv. If, prior to May 5, 2021, Triumph assigns, sells or otherwise transfers to any
third party any right or interest it may have in the applications or approved plans
for the Booth Heights Project.
b. If a Triumph default occurs, the Town may, in its sole discretion and without
waiving any other rights under this Agreement or available to the Town:
i. Withhold issuance of certificates of occupancy not yet issued for any
structures on the Property until said default has been remedied;
ii. Cause construction of all or part of the Improvements to be completed, and
recover the costs of such completion from Triumph;
iii. Cause the removal of any partially constructed Improvements and return
the Property to the condition it was prior to the commencement of construction,
and recover the costs of such removal from Triumph; and
iv. Demand the immediate refund of all costs paid by the Town for the Project
pursuant to Section 5.b., which refund shall be paid in full by Triumph within 30
days of such demand.
c. In addition to the specific remedies set forth herein, the Town shall have all
other remedies available at law or equity, and the exercise of one remedy shall not
preclude the exercise of any other remedy, and any damages alleged by the may include
lost rents.
d. If the Town proceeds to complete the Improvements, Triumph shall, at the
request of the Party completing the Improvements, promptly deliver a copy of all of
Triumph's plans and specifications related to the Improvements.
March 2, 2021 - Page 68 of 136
7
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
9. Town Default and Remedies.
a. The following is a Town default of this Agreement: if the Town fails perform
any of its obligations under this Agreement and fails to remedy the same within 30 days
after the Town is given a written notice specifying the same; provided that, if the nature
of the violation is such that it cannot reasonably be remedied within 30 days, and the
Town provides evidence to Triumph that the violation cannot reasonably be remedied
within 30 days, then the violation shall be remedied as soon as reasonably practicable,
but in any case, within 90 days of the original notice of violation.
b. If a Town default occurs, Triumph shall have all remedies available at law
or equity, and the exercise of one remedy shall not preclude the exercise of any other
remedy, provided that Triumph shall not have the remedy of specific performance against
the Town.
10. Legal Challenge. As used in this Section, “Legal Challenge” means: any judicial
proceeding or other legal action brought by a third party, including referendum or initiative,
that challenges this Agreement, the approval of the Project or any of the Town’s
resolutions or ordinances approving this Agreement or the Project. If a Legal Challenge
occurs, every deadline in this Agreement shall be tolled until 30 days following the entry
of a final, non-appealable order resolving such Legal Challenge.
11. Miscellaneous.
a. Severability. If any provision of this Agreement is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
b. Integration. Other than the Ground Lease, Pre-Development Agreement
and Deed Restriction, this Agreement represents the entire agreement between the
Parties with respect to the subject matter hereof, and all prior or extrinsic agreements,
understandings or negotiations shall be deemed merged herein.
c. Waiver. No provision of this Agreement may be waived to any extent unless
and except to the extent the waiver is specifically set forth in a written instrument executed
by the Party to be bound thereby.
d. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
e. Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado, and venue for any legal
action arising out of this Agreement shall be in Eagle County, Colorado.
f. No Third Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this Agreement, nor shall any third party have any rights to enforce this
Agreement in any respect.
March 2, 2021 - Page 69 of 136
8
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
g. No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties, and nothing contained in this Agreement shall be construed
as making the Town and Triumph joint venturers or partners.
h. Notices. A notice under this Agreement shall be in writing and be given by
hand delivery or U.S. Mail, postage prepaid, to the address set forth on the first page of
this Agreement. Notices shall be effective upon delivery or 3 days after mailing.
i. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town under this Agreement is specifically
contingent upon annual appropriation of funds sufficient to perform such obligation. This
Agreement shall never constitute a debt or obligation of the Town within any statutory or
constitutional provision.
j. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town and its officials, representatives, attorneys and
employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101, et seq., as amended.
k. Force Majeure. Neither Party shall be in breach of this Agreement if a failure
to perform any of the duties under this Agreement is due to Force Majeure, which shall
be defined as the inability to undertake or perform any of the duties under this Agreement
due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor
disputes, forces of nature, pandemics or the authority and orders of government.
l. Recording. This Agreement shall be recorded with the Eagle County Clerk
and Recorder subsequent to the Deed Restriction, but prior to any mortgage or other
encumbrance on the Improvements or the Property. The benefits and obligations of the
Parties under this Agreement shall run with the land, and shall be binding on, and
enforceable by, any subsequent holder of an interest in the Improvements or in the
Property.
WHEREFORE, the Parties have executed this Agreement as of the Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Scott Robson, Town Manager
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 70 of 136
9
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
TRIUMPH DEVELOPMENT WEST LLC
By:_____________________________
Name:___________________________
Title:____________________________
STATE OF COLORADO )
) ss.
COUNTY OF _____________ )
The foregoing instrument was acknowledged before me this ____ day of
____________, 2021, by _____________________ as _________________________
of Triumph Development West LLC, a Delaware limited liability company.
My commission expires: __________________
_______________________________
Notary Public
March 2, 2021 - Page 71 of 136
10
2/25/2021
C:\USERS\LCAMPBELL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\KLAW43TZ\MC DA-
A022421.DOCX
EXHIBIT A
Management Fee Milestones
The milestones for payment of the Management Fee are as follows:
Approval by the Town of the budget, scope of work and schedule
for the design development and entitlement process by February 2,
2021 $50,000
Execution of a final development agreement, ground lease $50,000
Planning and Environmental Commission development application
submittal to the Town or development application submittal to the
Town on or before March 15, 2021 $75,000
.
Final Planning and Environmental Commission and Design Review
Board action on the development applications $75,000
Issuance of a building permit and execution of an operating
agreement to include the VLHA on or before September 30, 2021 $50,000
Total Management Fee $300,000
March 2, 2021 - Page 72 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Housing
Date:Sunday, February 28, 2021 2:29:29 PM
Attachments:image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Mary Lou and Bob Armour <bobalouvail@gmail.com>
Sent: Thursday, February 25, 2021 3:59 PM
To: Council Dist List <TownCouncil@vailgov.com>
Cc: Scott Robson <SRobson@vailgov.com>
Subject: Housing
Vail Town Council
I understand that we are looking at moving forward with rezoning West Middle
Creek from NAP to something that would allow housing. Meeting Housing
Goals should not be done by sacrificing NAP or any designated open space.
They should absolutely not be considered as Alternative Housing Sites. It’s a
March 2, 2021 - Page 73 of 136
precedent setting move as it relates to preservation of our open space. I
continue to worry that our RETT tax collection ability may be challenged in
court. Middle Creek Lot 3 and Timber Ridge are big goals and should be
accomplished first. Slow the train down.
Regards
Bob Armour
March 2, 2021 - Page 74 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Revised Development Agreement - A missed opportunity
Date:Sunday, February 28, 2021 3:20:17 PM
Attachments:image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: pamelas <pamelas@vail.net>
Sent: Sunday, February 28, 2021 3:09 PM
To: Council Dist List <TownCouncil@vailgov.com>
Cc: Scott Robson <SRobson@vailgov.com>
Subject: Revised Development Agreement - A missed opportunity
Dear Mayor and Town Council Members:
I have thoroughly read the Development Agreement that was released on Feb. 25, 2021. Needless
to say, some of the content and changes, or lack thereof, are disappointing.
The Town staff members assigned to negotiate this document wasted their and yours as they did not
do as Council directed.
March 2, 2021 - Page 75 of 136
At the conclusion of the Council Meeting on Feb. 2, 2021, Council members almost unanimously
stated that they would not vote to confirm a Development Agreement that did not address the
questions and concerns voiced by the public in letters and during the meeting, along with concerns
of Council members. Staff ignored that direction. Among the items of concern are:
The ability of Triumph to sell, transfer or use the plans and approvals for Booth Heights is
ambiguous. There must be one clear statement that Triumph cannot under any
circumstances sell, transfer or use those plans.
Triumph is getting a very sweet deal; a prime building site in Lot 3, a guarantee of the Timber
Ridge housing without competition or an RFP, and tax breaks on both. Yet the Town isn’t
insisting on protecting the plans and development rights or further efforts toward protecting
the East Vail parcel in this agreement.
There is no mention of landscaping in Section 4.c. Considering that this is to be an “ironclad”
agreement, there should be a requirement for substantial landscaping at the site. This real
estate sits right at the main Vail exit; planting a few 2” diameter saplings won’t do anything to
enhance or soften the look of new construction. DO NOT try to put this off on DRB, if
substantial landscaping isn’t in the “ironclad” agreement, it will get pushed aside.
Statements in Section 4.k. discuss Triumph denying holding development rights with respect
to Booth Heights; this does not seem relevant to this Agreement and should be deleted.
Further, earlier in the Agreement Triumph states that it has abandoned its rights to Booth
Heights. Please delete Section 4.k.
Section 4.n. should be deleted in its entirety. It is inappropriate and essentially would hold
the Town to supporting development of the East Vail parcel. While this might make the
Housing Authority happy, it is not in the spirit of the negotiations that have presented
Triumph with great opportunities and helps advance the Town’s housing goals. Please delete
Section 4.n. entirely.
Architecture has not been fully addressed but Council and Triumph should be acutely aware
of the impact a large structure in this prominent location will have. Design should reflect the
mountains and community. A few flat boxes linked together should not be considered; this
project needs to ’shake hands with’ the existing Middle Creek apartments and not be a blight
at the entry to the town.
Those who are hoping to quickly get this flawed Agreement signed will cry out that there are
deadlines to be met; those 2021 deadlines are arbitrary and there is an allowance in the Agreement
to continue into 2022 without default. Had staff negotiators not wasted time ignoring requests for
changes we likely wouldn’t be looking at a delay. Council should not be bullied or feel backed into a
corner on this. The two housing projects are a big deal and will affect the Town of Vail long into the
future. It is worth taking the time to get it right with an agreement that serves the community on an
equal level to how the agreement serves the developer. It may be that starting over with skilled
negotiators and a new agreement is necessary if current staff negotiating the Agreement are at an
impasse or unable to progress with this badly flawed document.
Town Council members have pledged not to support the Development Agreement if questions and
March 2, 2021 - Page 76 of 136
concerns raised on Feb. 20 were not handled in this ‘final’ draft. The Agreement as it now stands
does not meet that standard and should not be adopted.
Regards,
Pamela Stenmark
Pamela Stenmark
pamelas@vail.net
(c) 970-376-1124
March 2, 2021 - Page 77 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Booth Heights Matters - TOV/Triumph Contract Not Appropriate
Date:Sunday, February 28, 2021 2:28:17 PM
Attachments:image001.png
image013.png
image014.png
image015.png
image016.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: The Clemens Family <4clemens@comcast.net>
Sent: Saturday, February 27, 2021 9:28 AM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Fwd: Booth Heights Matters - TOV/Triumph Contract Not Appropriate
I am confident that you have seen this numerous times, but I feel there are very important points raised
and discussed.
Please consider them and remember you were put in place to represent the community and their best
interests.
March 2, 2021 - Page 78 of 136
VAIL HOMEOWNERS ASSOCIATION
Town of Vail/Triumph Contract
What Will the New Housing Project Look Like?
Condemnation of Booth Heights Possible
The Town's Relationship with Vail Resorts
Overuse of Executive Sessions
Open Lands Plan Contemplates DOS Designation for Donovan
Park Middle Bench
February 27, 2021
ALERT: Town Council to take up approval of the TOV/Triumph
Contract at its March 2, 2021, meeting which begins at 6 p.m.
There is much to cover in this report. We begin with the proposed Town of Vail/Triumph
Development Contract and why the VHA recommends that it NOT BE APPROVED as
drafted. Next is the design of the new building that is contemplated at the former Children’s Garden
Center of Learning. That is followed by what is and is not included in the Open Lands Plan
concerning Booth Heights and condemnation. There is also the question of the Town’s relationship
with Vail Resorts in light of recent events and threats. There is more about the overuse of Executive
Sessions in the conduct of the Town’s business. And we end with what the Open Lands Plan states
about DOS designation for the Upper and Middle Benches of Donavan Park.
Town of Vail/Triumph Contract
The VHA recommends that the Town of Vail/Triumph Contract NOT BE APPROVED in its
present form. At the February 2nd Council Meeting, the community was promised that the final
contract would be an ironclad agreement that would prevent, to the extent possible, development at
Booth Heights under the previously approved application. This contract fails to meet that
goal. Before getting to the reasons why it should not be approved as drafted, we first address an
argument that will be raised in support of approval.
The argument will be that the timeline “crunch” requires that the agreement must be approved
now. That is not so. The timeline is an artificial contrivance created by the Town. There is nothing
in law that requires approval at the March 2nd meeting. Yes, sending the contract back for revisions
will cause delays but that is already contemplated in the contract. Paragraph 4 (e) provides that if
the current timeline cannot be met, then Triumph is to submit its application by March 15, 2022,
and complete the building by August 31, 2022. There is no reason why the Council should be
stampeded into approving a deficient contract just to comply with an artificial timeline, especially
when doing so can leave the community at risk for an immediate development at Booth
Heights. Haste makes waste and mistakes. It is much better that the Town get this right than that it
complies with an arbitrary timeline.
Turning to the contract, at the February 2nd Council meeting, the community asked for specific
changes in the Pre-Development agreement. The Council responded that the community’s concerns
March 2, 2021 - Page 79 of 136
could be put off until the final contract and that they would be incorporated in the final “ironclad”
contract. Those concerns where that the Pre-Development agreement did not include unambiguous
commitments that (1) Triumph would not sell or transfer its plans or the Development rights to the
Booth Heights project to any other party, (2) that upon execution of the Final Agreement, Triumph
would release and forfeit all development approvals, (3) that those provisions should be made part
of the essential consideration for the agreement so that any breach would void the entire agreement
and (4) that paragraph 4(b), dealing with approval of a development at Booth Heights, be
deleted. The draft of the contract does not, however, incorporate those changes; it retains the former
paragraph 4 (b), and it is not an “ironclad” contract.
First, the contract does not contain any provision that Triumph will not sell or transfer the plans or
the development rights to the Booth Heights project. All that is stated is that:
Triumph is the sole owner of the approved plans for the Booth Heights Project (but not the
development rights for the Booth Heights Project). Paragraph 4 (l).
There are at least three things wrong with this provision. (1) All Triumph is warranting is that it
owns the Booth Heights plans. There is nothing to prevent Triumph from selling or transferring its
plans or the Booth Height development rights to any third party. (2) The Town is accepting
Triumph’s assertion that it does not own the development rights to those plans. As stated in
paragraph 4 (k):
based on representations made to the Town, it is the Town's understanding that Triumph does not
hold any development rights with respect to the Booth Heights Project, which development rights, if
any, would benefit the property on which the Booth Heights Project is located and the owner
thereof.
Why the Town would accept Triumph’s assertions defies understanding, especially when it involves
a legal conclusion that could have serious consequences in the future. The Town should retain a
land use expert to advise it and not make its decisions on such a critical matter on the
representations of a party who is looking out for its own interests and not necessarily the interests of
the Town. (3) The conclusion that Triumph does not own the development rights seems to be based
on confusion of development rights generally with the rights that were granted to build a particular
project pursuant to a particular set of plans. Property zoning confers on the owner the right to
develop the property in accordance with the zoning. Those rights are generally understood to “run
with the land.” Since the Town (regrettably) rezoned Booth Heights for employee housing, Vail
Resorts has the right to build some kind of employee housing on that parcel. But that zoning does
not confer the right to build any particular project or any particular size of project. That is a matter
that must be determined by the Town once an application is made. So, in that sense, Vail Resorts
has the right to develop the property. However, the specific application for the Booth Heights
project that was made and approved by the Town was an application by only Triumph
Development. Vail Resorts was not a party to that application, and the approval was granted to
Triumph, not Vail Resorts. The approved development plan was for only: “Applicant: Triumph
Development West, LLC, and its representatives, heirs, successors and assigns.” Logic would seem
to dictate that the particular approval for the Booth Heights project therefore belongs only to
Triumph and the only way that Vail Resorts gets any rights to that particular development, as
opposed to its general rights, is by assignment from Triumph. That is why the community
demanded that, as part of this deal, Triumph abandon or releases that particular approval.
Proponents of this draft will be quick to point to paragraph 4 (k) which states that Triumph will
waive its Booth Heights rights if it gets the right to develop Timber Ridge. However, the very next
sentence states that the Town understands that based on Triumph’s representations, Triumph does
not have anything to waive. How this makes any sense is beyond understanding. In effect, Triumph
is agreeing to waive something that the Town is agreeing it does not have. So much for an ironclad
contract. Wavier and release should be absolute, without any qualifications. The Town should not
be agreeing that Triumph has nothing to waive or release. Nor should waiver and release be delayed
March 2, 2021 - Page 80 of 136
until later. It should occur upon execution of this (hopefully revised) contract.
Second, as stated earlier, Triumph’s agreement to not sell or transfer the plans and rights under
those plans to construct the Booth Heights project to any third party and Triumph’s waiver and
release of those rights should both be expressly made part of the essential consideration for the
contract so that any breach will void the entire contract. That is not in the current draft.
Third, the contract contains the following provision from the Pre-Development agreement which
presages the Booth Heights development taking place.
Triumph acknowledges that, if the Town is presented with applications to proceed with the Booth
Heights Project, and such applications comply with all applicable Town regulations and the
approved development plans for the Booth Heights Project, the Town will not be in a position to
deny such applications, regardless of who asserts an ownership interest in such approved
development plans, and must approve any such applications regardless of any assertion by Triumph
that it is the sole owner of the approved plans for the Booth Heights Project. Paragraph 4 (n).
Why this is part of the agreement also defies understanding. It makes no sense for the Town to
include a provision of this nature. This is an agreement to develop a particular project and to afford
a right of first refusal to another particular project. It should not contain any language or provision
that might be argued to bind the Town concerning a future application concerning Booth Heights.
Fourth, this contract still leaves the door open for the Booth Heights development to go forward
and for Vail Resorts to roll construction equipment on to the site this coming spring, the very thing
that Vail Resorts says it intends to do. But there is no reason why that should be the case.
It is for all these reasons that the VHA recommends that this contract NOT BE APPROVED until
it has been corrected to remedy these defects. Specifically, the VHA recommends that:
1. Paragraph 4 (n) be deleted;
2. That the references in paragraphs 4(k) and 4(l) to Triumph not being the sole owner of the
Booth Heights development rights be deleted;
3. That there be added a provision that Triumph will not sell or transfer either the plans or the
Booth Heights development rights to any third parties; and
4. Triumph’s agreement to not sell or transfer the Booth Heights plans and the related
development rights should be made a part of the essential consideration for the contract.
These are simple matters to correct. It is not a matter of rocket science to draft a truly ironclad
contract. None of the above changes would be unacceptable to Triumph. It is getting one of the
biggest sweetheart deals that the Town has ever granted. Not only did it not have to face any
competitive process to get the rights to two huge housing projects, but the projects are being
structured so that they are tax-free deals, thereby, greatly increasing the profits that will flow to
Triumph.
The VHA would also point out that the manner in which the Town proposes to approve the contract
is improper under the Town Charter. The Town plans to proceed by resolution. However, the Town
Charter, Section 4.8, requires that any act making an appropriation or creating indebtedness must be
by ordinance. This contract will impose an obligation on the Town to pay Triumph up to $390,000
for the preparation of the design documents and $300,000 as a development fee. It would seem that
this contract could only be approved by ordinance. This is an important distinction because under
the Town Charter, Section 5.1 (b), ordinances are subject to referendum.
MARK YOUR CALENDARS: This Contract will be Presented for
Approval at the Town Council meeting on March 2, 2021, at 6 p.m.
March 2, 2021 - Page 81 of 136
The VHA urges that all inform the Council of their views on this subject. You can send comments
to the Council via email to: towncouncil@vailgov.com. You can also attend the meeting by
registering on the Town’s website, so you can have the opportunity to speak directly to the
council. Keep in mind, however, that the Council is enforcing its three-minute rule. That makes it
very difficult, even impossible, to present a proper explanation of all the things that are wrong with
the current draft.
What Will the New Housing Project Look Like?
The VHA assumes that the contractual issues will be resolved and that Lot 3 project will go
forward. Indeed, the VHA is not opposed to the project, just having it built under a deficient
contract. With a project to be built the question arises, what it will look like, especially since it will
sit at the very entrance to the Town. A year ago, the Town prepared a “bulk and mass”
schematic to demonstrate what could be built on the site. That schematic contained a rendering
of a conceptual design for the new housing project at the former site of the Children’s Garden
Center of Learning (Lot 3 of Middle Creek). Here is the rendering:
March 2, 2021 - Page 82 of 136
Lot 3 Concept Design
While the VHA supports this project, it believes that the plans for this building must have
“architectural character” and that there needs to be more than the bare minimum of
landscaping. Vail should not have a box-like, dormitory structure hovering over the entrance to
Town nor should the building that is ultimately built be bereft of any meaningful landscaping. The
TOV is a co-applicant on this project (and it is also the reviewer of the project), so the Town is in a
unique position to see to it that the plans that are submitted are comparable with and enhancing of
the Vail community. It would seem that with proper architectural details, such as exist at the next-
door Middle Creek apartments and more than bare minimum landscaping, this could be a building
that presents the best of Vail. The VHA urges that the Town Council make it clear that this building
is to be something that the Town can be proud of, not something that the Town has to apologize for.
Condemnation of Booth Heights Possible
At the February 2nd Council Meeting, Council Member Jenn Bruno stated that the TOV Open
Lands Plan prohibited the use of condemnation to obtain title to the Booth Heights
property. Specifically, she said:
In the Open Lands Plan that was most recently adopted there was a provision that the Town, in our
Open Lands Plan that each and every one of us on this panel had some part in creating, would not
condemn land to create open land if the land owner had plans to develop and that was approved by
the Town….basically what we all agreed to in the Open Lands Plan was that we would not
condemn land unless there were no plans to develop that land.
There is no such prohibition in the Open Lands Plan. In fact, the words “condemnation” and
“condemn” do not even appear in the Open Lands Plan. And, even if they had, there would be
nothing to prevent the current Town Council to decide differently since one Town Council cannot
bind the hands of future Town Councils.
Since our last report, where the point was made that condemnation is how the Anholtz property was
acquired by the Town for Ford Park, VHA has acquired the document authorizing that
condemnation. It was adopted by the Town as Ordinance No. 6, Series of 1973, on April 3,
1973. It is a literal roadmap for how the same process can be used to acquire title to the Booth
Heights property. As a result, the VHA urges that if Vail Resorts does not immediately return to the
bargaining table and move forward with the proposed land swap, the Town Council should retain an
expert on condemnation and proceed ahead to acquire title to the Booth Heights property.
The Town’s Relationship with Vail Resorts
Recent events have called into question the Town’s relationship with Vail Resorts. Up until
December 2020, it was believed that the Town and Vail Resorts worked together in an informal
partnership to achieve mutual goals. But now, with threats of litigation, Vail Resorts may be taking
the stance of an adversary, rather than a partner. That is regrettable. How it has come to this is
inexplicable since it would seem that Vail Resorts’ Code of Ethics and Business Conduct would
align its actions with those of the Town.
If, as it might appear, Vail Resorts has now become adversarial, the Town should reexamine its
relations with Vail Resorts. For example, Vail Resorts benefits from the Town providing free spill-
over parking on Frontage Road. This has been a long-time public safety concern. The VHA believes
that there is little, if any, economic benefit to the Town from this arrangement. Is it time to re-
examine whether Frontage Road parking should continue? Vail Resorts also benefits from leasing
Town owned housing. The VHA has been informed that the Town will not be extending Vail
Resorts master lease at Timber Ridge. There are other arrangements with Vail Resorts that may no
longer be in the Town’s best interests. If Vail Resorts is no longer going to be a reliable “partner”, it
March 2, 2021 - Page 83 of 136
behooves the Town to make sure that it is acting in the Town’s best interests in all of its
relationships with Vail Resorts.
Overuse of Executive Sessions
At the February 2nd Council meeting after a number of citizens urged the Town to begin
condemnation of the Booth Heights property, the Mayor announced that the Council had already
decided in Executive Session that the Town would not condemn the property. Apparently, that was
a 5 – 2 decision of the Council. The public had no notice that this subject would be taken up, no
idea of what was said while it was being considered, and had it not been for the calls to condemn
the property, the public would not have known that the vote was taken. When the Mayor was then
called upon to explain why that was done in Executive Session, he responded that the “quick
answer” was that “All real estate negotiations are done in Executive Session.” But the decision to
condemn or not was not a matter of real estate negotiation. The Town was not bargaining with any
third party. The Council simply made a policy decision for reasons that have yet to be publicly
disclosed.
The VHA is very concerned that there seems to be an increasing reliance on executive sessions to
conduct Town business and that this undermines transparency and confidence in
government. Without notice and an opportunity to observe, ask questions and provide input, this
becomes government by fiat. The decision to not condemn Booth Heights is a prime example. Did
the Council act on a misunderstanding of the Open Lands Plan, or a belief that the community did
not want the property condemned, or for some other misguided reason? No one knows because it
was all done in secret.
There is a difference between receiving strategic or confidential advice and action by the
Council. Action by the Council, i.e., motions and decisions, should be made in the “sunshine” with
full opportunity for public observation and input. Even advice to the Council should, to the greatest
extent possible, be provided in public so that the public can understand the advice, question the
reasoning underlying the advice and point out any flaws in the advice.
Open Lands Plan Contemplates DOS Designation for Donavan Park
Middle Bench
In June 2020, the VHA requested that the Upper and Middle Benches of Donavan Park be
designated as “Designated Open Lands,” a protected status under the Town Charter that would
require a vote of the citizens to change. After much delay, a hearing on VHA’s request was
scheduled for November 13, 2020. However, on the eve of the hearing, it was cancelled. In
explaining why that was done, the Town Manager stated that there was no compelling need to have
a meeting. “Compelling need” is not a criterion for DOS designation. As to the criteria that do exist,
the Upper and Middle Benches fall precisely within those criteria.
In researching the Open Lands Plan, it was discovered that it contemplated 26 parcels of Town-
owned land for potential DOS designation. The Upper and Middle Benches of Donavan Park are
included in that list. The Plan recommended that those parcels be studied:
in order to determine which, if any warrant being dedicated as Designated Open Space. Factors to
be studied include site characteristics, zoning and potential opportunities for future Town use. This
effort should be initiated by Town Staff and supported by a citizen’s task force to ensure there is
broad community involvement in this process.
To VHA’s knowledge, no such study has been undertaken, and no citizen task force has been
appointed. The VHA believes that there shouldn’t even need to be a study insofar as the Upper and
Middle Benches are concerned since this property was acquired with RETT funds for the specific
purpose of having open lands within the Town. Why the Town and, more specifically, the Open
Space Trustees refuse to act on this matter is a mystery.
March 2, 2021 - Page 84 of 136
*****
If these matters are of concern to you, forward an email to the Vail Town Council.
*****
The VHA has been fighting to protect the bighorn sheep for years. If this is an issue that concerns
you, we invite you to join as a member of VHA or become a subscriber to our reports. Our most
valuable tool in influencing decision makers is through the proactive engagement of our informed
readers. Your support will ensure that the VHA can continue to bring important matters to the
community’s attention and, by doing so, make a difference for the good and the future of our
community. It is you, our members and subscribers, who sustain our efforts with financial and vocal
support.
Those desiring to make Paid Subscriber contributions may do so through PayPal. To apply for
membership, register as a subscriber or paid subscriber and make a payment with check or credit
card, forward your contact information to vailhomeownersassoc@gmail.com.
PO Box 238 Vail, Colorado 81658
Telephone: (970) 827-5680 Email: vha@vail.net Website: www.vailhomeowners.com
Copyright 2021: Vail Homeowners Association Report
Vail Homeowners Association | PO Box 238, Vail, CO 81658
Unsubscribe 4clemens@comcast.net
Customer Contact Data Notice
Sent by vha@vail.net powered by
Try email marketing for free today!
March 2, 2021 - Page 85 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Middle Creek "Agreement"
Date:Monday, March 1, 2021 1:36:21 PM
Attachments:image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Jonathan Staufer <jonathanstaufer@gmail.com>
Sent: Monday, March 1, 2021 11:32 AM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Middle Creek "Agreement"
Mayor and Town Council
Vail, Colorado 81657
March 1, 2021
VIA EMAIL
Dear Mr. Mayor and Honorable Council Members,
March 2, 2021 - Page 86 of 136
If someone I was paying to represent my interests brought me an agreement so entirely one-sided
to the benefit of the other party in a negotiation, I would fire him on the spot. The “agreement” with
Triumph as drafted is not an “agreement” at all, but rather a wholesale give away that reeks of
incompetence.
Most egregiously, the proposed “agreement” does nothing to further the primary stated aim of the
Alternative Housing Sites Initiative, which was to preserve the Bighorn, or Booth Heights, property in
favor of open space and the native herd of bighorn sheep that use it for critical winter range. The
plans for the Booth Heights project don’t even revert to the Town until such a time as a further,
separate, negotiation regarding the redevelopment of Timber Ridge takes place.
Even if the Town acquires the Booth Heights plans based on Triumph Development’s claims of
ownership, there is a great deal to suggest that it would do nothing to stop or slow the Booth
Heights project: Under state law, development rights run with the property. In other words, if the
Town Council was earnest with its Publicly stated goal of conserving the Bighorn parcel for open
space and the bighorn sheep, despite all the Council’s best efforts and intentions - not to mention
the extensive give aways to Triumph - the Council is still left with no option other than the use of
imminent domain to protect the Bighorn parcel.
As to the “agreement”: In a closed bid process “negotiated” almost entirely behind closed doors, the
Town of Vail is awarding Triumph Development the following:
• The Town moves Children’s Garden of Learning at the Town’s expense.
• The Town provides a site for Children’s Garden of Learning on another property owned by the
Town.
• Triumph receives the right to build on a primary piece of property at the entrance to Vail
• Triumph will not pay property taxes on the property.
• There is no cap on the amount Triumph can charge for rent for the units when completed.
• Triumph receives the right to proceed with yet another closed bid and closed door negotiation for
the redevelopment of Timber Ridge.
The list goes on and on, and Triumph brings nothing to the table other than an enormous appetite.
Triumph’s conceptual proposal for Middle Creek is an example of what happens when competition is
stifled in favor of utility. If there was an actual architect involved, the development might be able to
accommodate more than the stated goal of housing units, and the Children’s Garden of Learning,
and look like it belongs in the mountains at the main entrance to Vail, rather than looking like it
rolled down I70 on a truck.
I urge you, please, don’t approve this: Vail deserves better. The people you represent, your friends
and neighbors, deserve better. The Town Staff deserves and can do better.
And you, the hard working members of this Council, deserve a legacy you can be proud of.
Sincerely,
March 2, 2021 - Page 87 of 136
Jonathan Staufer
100 E Meadow Dr., #31
Vail, CO 81657
March 2, 2021 - Page 88 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Middle Creek 144 unit and more
Date:Tuesday, March 2, 2021 8:46:24 AM
Attachments:12Rental-Purchase.png
22Rental-Purchase.png
image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Rondeau's <nanpaul@vail.net>
Sent: Monday, March 1, 2021 6:57 PM
To: Council Dist List <TownCouncil@vailgov.com>
Cc: Rondeau Nancy <nanpaul@vail.net>
Subject: Middle Creek 144 unit and more
March 2, 2021 - Page 89 of 136
March 2, 2021 - Page 90 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Middle Creek Project
Date:Sunday, February 28, 2021 2:27:42 PM
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: kbenysh@vail.net <kbenysh@vail.net>
Sent: Friday, February 26, 2021 1:36 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Middle Creek Project
The building as pictured is quite unattractive and looks cheap, hardly a good impression at the entrance to Vail. It
should more closely blend with the current housing project just to the west of the proposed area. Also, since Vail
Resorts won't come to the table and compromise with regard to the Booth Heights land, any housing built by the
Town and Triumph should not be available to VR employees. The units should be rented to Vail small businesses to
provide housing for their employees.
Kathryn Benysh
March 2, 2021 - Page 91 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Please do not approve contract
Date:Tuesday, March 2, 2021 8:40:56 AM
Attachments:image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: John <johnwaring@comcast.net>
Sent: Monday, March 1, 2021 9:13 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Cc: John <johnwaring@comcast.net>
Subject: Please do not approve contract
Please do not approve the TOV/Triumph contract as written.
John Waring, East Vail resident
Sent from Mail for Windows 10
March 2, 2021 - Page 92 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: TOV/Triumph Contract
Date:Sunday, February 28, 2021 2:28:03 PM
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: rolvail@aol.com <rolvail@aol.com>
Sent: Saturday, February 27, 2021 7:53 PM
To: Council Dist List <TownCouncil@vailgov.com>
Cc: rolvail@aol.com
Subject: TOV/Triumph Contract
Dear Vail Town Council:
The “new” contract does not seem to be the “ironclad deal” promised at the last Council meeting. It appears to be
written by Triumph, and even VR, all in their own favor, not by the town of Vail.
Do NOT accept Triumph’s “word” about the transfer of Booth Heights plans! Why in the world are they not
ready to hand them over? They are supposedly of no use?
Paragraph 4b dealing with approval of Booth Heights should be deleted. Also, there should be a provision that
any breach of this contract voids the whole contract. As written this all is baffling, appearing as if the Town has
been outmaneuvered once more! (Like now having employee housing at Booth Heights still in the picture after all
the efforts to accommodate VR/Triumph)
And pp 4K states Triumph will waive it’s Booth Heights rights, etc., and then in the very next sentence says that
the Town understands that Triumph has “nothing to waive”??
Since the TOV has become a partner in these projects with the infusion of substantial funds it is in a good position
to require these very visible projects to be more presentable than the Booth Heights presentation of an unimaginative
design with minimal landscaping.
As the saying goes: “Poor planning on your part does not create an emergency on my end”! Triumph is getting
two developments in a sweetheart tax free no bidding deal. There is no rush to self inflicted deadlines to pass such a
poorly drafted vague contract that will undoubtably be litigated in the near future; and not to the benefit of the
citizens of Vail; mainly our herd of bighorn sheep!
After all the efforts so far let’s please get this right!
Respectfully,
Rol Hamelin
E Vail
March 2, 2021 - Page 93 of 136
March 2, 2021 - Page 94 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW:
Date:Sunday, February 28, 2021 2:27:55 PM
Attachments:To the Vail Town Council.March 2.21 (1).docx
image001.png
image010.png
image011.png
image012.png
image013.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Tom Vucich <vucicht@gmail.com>
Sent: Sunday, February 28, 2021 2:08 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject:
Please see attached for my input for the 3/2/21 evening council meeting.
March 2, 2021 - Page 95 of 136
To the Vail Town Council:
Before you make your decision at the March 2, 2021 council meeting regarding the development
agreement with Triumph on the Middle Creek parcel I hope you will review the compilations of direct
quotes below. They are from the past 2 council meetings, are verbatim and can be verified by watching
the meeting videos on record.
For perspective, these statements were made in the push for council to approve the pre-development
agreement that very night. Note that some of these were made by Matt Mire, town attorney, and Scott
Robson, town manager. They rest are from you all.
Having now seen the development agreement that will be presented that night (the first the public has
ever seen—3 weeks later) I have the following questions and comments for you related to those quotes:
1. If there were any legal concerns about including deal points that the public raised and lobbied
for why weren’t those concerns stated that night? Why did Scott Robson wait 2 weeks before
making that statement in his update on February 16? Matt Mire was in the 2/2/21 meeting. Vail
Resorts’ departure from negotiations and their threatening letter were long before that.
2. What specifically are the “really quite a few” suggestions from the public that George Ruther and
Matt Mire incorporated in to the DA? These are the things many of you said you wanted in the
final agreement. Interestingly, the vast majority (if not all) of the written and verbal comments
submitted by the public dealt with what happens to the Booth Heights approved plans and
condemnation of the property. Matt Mire specifically said those plans could be “permanently
extinguished”. The legal definition I found for extinguish is “render void.” The development
agreement clearly allows for them to be used by Vail Resorts should they somehow end up with
them.
3. The claim made by Scott Robson--that the topic of condemnation is not directly related to
Middle Creek Lot 3--is troubling. If VR continues to dupe you, get beds on Middle Creek and
more beds on Timber Ridge, of course condemnation is related—in fact, you would be
irresponsible in your duties NOT to condemn Booth Heights. Equally troubling is his quote that
the town continues a separate effort to “find other ways to meet VR’s own housing goals via other
means”. You all know that Middle Creek Lot 3 and Timber Ridge ARE the other means! What
other land parcels would they possibly agree to if not these prime ones?
4. Scott’s other claim in the 2/2/21 meeting that the final development agreement would have
“safety provisions… to get us to the finish line that we’ve all agreed on” is also inaccurate. What
safety provisions are there for the hundreds of Vail citizens whose finish line includes no
development on Booth Heights?
5. The only logical conclusion anyone paying attention can come to is that lots of things changed
from what you and staff said on 2/2/21 and what the town manager’s update on 2/16/21 said.
And, most importantly, what the development agreement now says. It is apparent that the
executive sessions that occurred in between, contained discussions in direct conflict with your
and staff’s earlier public statements.
6. 4 of you--and I would hope 7 of you-- need to deny this development agreement based on your
2/2/21 statements. If you don’t you will be capitulating to whomever is behind the scenes
March 2, 2021 - Page 96 of 136
writing this agreement claiming that Middle Creek and Booth Heights are 2 separate issues--
that you have no leverage with VR. Look at what you said again, have the character to live by
those words, and make certain those “safety provisions and the finish line” Scott Robson refers
to is truly one we’ve all agreed upon.
The development agreement already shows a contingent time-line for completion of Middle
Creek into August of 2023—beyond that ‘urgent’ date of November 2022 we’ve been hearing for
months. Take 1 or 2 more council meetings to work on this development agreement and really,
truly get it right. There is no rush, only artificial dates that could result in a flawed plan you
would regret. And lastly, put condemnation on the table as VR continues their refusal to
negotiate in good faith.
With all respect,
Tom Vucich
Vail
Quotes from February 2, 2021 town council meeting on High Five Access Media:
(times referenced are in the running time line at the bottom)
1) Matt Mire: @ 1:45.53—1:47.10 (in response to a question by Thomas Burch @1:45.36—
1:45.5)
“This was a 3-party agreement and now it it’s a 2-party agreement. So the town can go so far with
the party that’s at the table and right now there are 2 big development agreements we have to
hammer out. And they will have more detail around these provisions. In the meantime, what
this provision does in Sec. 4 is Triumph agrees they won’t pursue these approvals which they
claim to have the right and the intellectual property to while we try to negotiate these.
Obviously, if we don’t get agreements done on both then all bets are off on this anyway.
So I know people would like to see more detail in some of these provisions and you’ll see that in
the Development Agreement—the first one that comes forward. But, you know, if Triumph turns
around and tries to sell or have the property developed via proxy, obviously we can’t reach an
agreement with even the first development agreement. So, right now the parties have agreed to
pause this while we work on these documents and to the extent we can get them done I think all
those issues will be taken care of.”
Thomas Burch ends by asking a question @ 1:47.25 “So, we’re trusting you?” to which there was
no response.
2) Matt Mire @ 2:15.30
“If we get a negotiation accomplished and we get a deal done then these plans and his right to
those plans can be permanently extinguished.”
3) Travis Coggin @ 2:15.48
“It seems to me the safest route to extinguish those rights—the fastest way to get there is to get a
deal negotiated that defines everything and we move forward.”
4) Scott Robson @ 2:18.45
“We would not have brought this PDA to you with a recommendation for approval with it being
drafted in large part by our town attorney and staff if we didn’t feel like there were safety
provisions here to get us to the finish line that we’ve all, I think, agreed upon.”
5) Jenn Bruno @ 2:01.18—2:04.02
March 2, 2021 - Page 97 of 136
“144 beds is exactly the commitment Vail Resorts needs in the future and this gives us the
opportunity further down the road to bring Vail Resorts back, which will in effect—prevent…..we
can trade them these rights to make sure nothing is built on the BH property.”
And “It’s important for the public to know we are not giving up the idea or positioning ourselves
to allow for that to happen and for us to prevent the development at BH.”
“We need to find a way to not only avoid development in East Vail, but to find solutions to our
housing issue.”
Jenn Bruno again @ 2:17.00—2:17.12 (after Jen Mason said “I just want to protect our
community.”)
“Jen, I’m not sure what we’re protecting them from because we’re still going to negotiate a DA
and that’s where we’ll be protecting them.”
6) Kevin Foley @ 2:17.30 (just after asking Matt Mire and Scott Robson if they “heard all of the
input and heard all of the discussion here this evening-on both sides?”—to which they replied
“sure, Kevin, yeah” and “yeah, absolutely.”)
“If we approve a PDA tonight our timeline says we’d like to have the DA ready by the March 5th
(2nd) meeting which gives us about a month to hammer out all these details and make sure that
we’re getting what we want when we get the DA. Now I understand that the PDA does have
some binding steps here, but it’s actually the framework to get us, hopefully, to a DA that—and if
not everyone—but a majority of the people in town will see we’re still trying to achieve the
objective of no development on Booth Heights and bringing housing into town.”
And Kevin again @ 2:20.12 “I’ll support the PDA with the caveat that I really want to see a DA
that tightens up everything that’s been mentioned this evening.”
7) Jen Mason @2:20.32 “I will vote for it, but I will not vote for a DA if there is one paragraph—
one word- that is wrong and that we don’t all agree on…that we as a community agree on.
8) Kim Langmaid @ 2:20.47 “I’m with Jen Mason, I will vote for it tonight, but that DA needs to
reflect much of that input that was given to us tonight.” (to which Kevin Foley said “without a
doubt.”)
Quotes from February 16, 2021 council meeting (Scott Robson’s update on Middle Creek/Booth
Heights)
Scott Robson:
“Although we don’t believe we can legally include some of the deal points that Larry Stewart and
others have been lobbying for, I know that our housing director, George Ruther, and our town
attorney have been able to incorporate really quite a few of the suggestions that have been made
by the public.” And, at the end of the day, certainly we all have a shared desire to protect the
community’s interest in the development agreement.”
“But really what’s most important is that we make it clear that out of necessity this agreement is
focused on developing deed-restricted housing on Middle Creek and just does not, and cannot,
involve a land trade for Booth Heights, or contemplate the town taking ownership of the Booth
Heights plans or drawings.”
March 2, 2021 - Page 98 of 136
“The town will continue to keep our door open to Vail Resorts, to re-engage in how we might
protect Booth Heights and find other ways to meet Vail Resorts’ own housing goals via other
means.”
“Our team continues to work on council’s behalf and the community’s behalf to really do
everything practical in a separate effort to find alternatives to Booth Heights development.”
“Condemnation (of Booth Heights) is just not an issue that’s directly related to housing
development on Middle Creek Lot 3, frankly.”
Mayor Dave Chapin:
“Thanks for that update, Scott. Appreciate it. Hopefully that clears some things up for some
people and the community at large.” ??????
March 2, 2021 - Page 99 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Protect the Booth Heights Bighorn
Date:Tuesday, March 2, 2021 9:27:15 AM
Attachments:image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Mike Browning <mfbrowning@pbblaw.com>
Sent: Sunday, February 28, 2021 4:19 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Protect the Booth Heights Bighorn
Dear Council Members -- At the February 2nd Council meeting, the community asked for specific
changes in the Pre-Development agreement for the Middle Creek project. The Council responded
that the community’s concerns could be put off until the final contract and that they would be
incorporated in the final “ironclad” contract. Those concerns were that the Pre-Development
agreement did not include unambiguous commitments that (1) Triumph would not sell or transfer its
plans or the Development rights to the Booth Heights project to any other party, (2) that upon
execution of the Final Agreement, Triumph would release and forfeit all development approvals, (3)
that those provisions should be made part of the essential consideration for the agreement so that
March 2, 2021 - Page 100 of 136
any breach would void the entire agreement and (4) that paragraph 4(b), dealing with approval of a
development at Booth Heights, be deleted. The draft of the contract does not, however, incorporate
those changes; it retains the former paragraph 4 (b), and it is not an “ironclad” contract.
This is very disappointing. At the February 2 Council meeting the public was assured that their
concerns would be addressed in the final Development Agreement. They have not been. VR
continues to play the Town. This leaves the development of the Booth Heights parcel very much at
risk. The Council should modify the Triumph Development Agreement as recommended in detail by
the Vail Homeowners Association AND commence condemnation proceedings with respect to the
Booth Height property. If Vail Resorts comes back to the table in good faith such condemnation
action can be suspended. Both the TOV and VR need to act to protect this critical winter Bighorn
sheep habitat. Must the Holy Dollar always trump Nature?
Mike Browning
2021 Chair, Eagle Summit Wilderness Alliance
4229A Nugget Lane, Vail, CO
March 2, 2021 - Page 101 of 136
From:Tammy Nagel
To:George Ruther; Matt Gennett
Cc:Patty McKenny; Stephanie Bibbens
Subject:FW: Development Agreement
Date:Tuesday, March 2, 2021 9:40:40 AM
Attachments:image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Runblondie49@comcast.net <Runblondie49@comcast.net>
Sent: Tuesday, March 2, 2021 9:40 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Fwd: Development Agreement
Sent from my iPad
Begin forwarded message:
From: runblondie49@comcast.net
Date: March 1, 2021 at 2:22:26 PM MST
March 2, 2021 - Page 102 of 136
To: towncouncil@vailgov.com
Cc: Scott Robson <srobson@vailgov.com>
Dear Mr. Mayor and Council Members,
For those individuals on Council and Staff who believe their legacy will reflect a huge
victory for affordable housing, I urge you to re-examine this looming debacle. If the
Development Agreement is approved, as it is written, the following will define the
entire process and outcome:
1. Failed negotiations
2. Misinformation
3. Lack of transparency
4. Violations of public trust
5. Silencing of constituents
6. Displacement of Children’s Garden of Learning
7. Decimation of the Bighorn sheep herd at Booth Heights
Reasonable people have respectfully participated in this process for months. Former
mayors, former Town Council members, local leaders, attorneys, business owners and
friends and neighbors have urged you to make the necessary changes in this
agreement and to pursue condemnation.
The complexity of this Development Agreement is staggering and I suggest that many
of you (excluding Brian Stockmar), have no legal backgrounds. Perhaps you have been
more comfortable listening rather than asking questions in the Executive Sessions.
And perhaps the Town Attorney and the Housing Department have greatly influenced
your participation. There is concern there has been no objective input from other
professional resources with specialties such as contract law or municipal
condemnation. You must get this Development Agreement 100% correct. The
community, the people who voted for you, are asking for modifications and for the
option of condemnation. How many signatures, how many letters and phone calls and
public comments do you need? The timeline is artificial and to plunge forward with this
flawed Development Agreement will prove disastrous for Vail.
I urge you to vote no on this Development Agreement as it is written.
Sincerely,
Blondie Vucich
Sent from my iPad
March 2, 2021 - Page 103 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Booth Heights
Date:Tuesday, March 2, 2021 10:24:45 AM
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: lindsey mckeever <misslindsey@mac.com>
Sent: Monday, March 1, 2021 10:53 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Booth Heights
To whom it may concern,
Again, I whole heartedly oppose any agreement your are trying to reach with Triumph and the Booth Heights
development. Please start representing your constituents and stop serving Vail Resorts needs over ours.
Lindsey Mckeever
Vail Homeowner
.....
March 2, 2021 - Page 104 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Condemn Booth Heights
Date:Tuesday, March 2, 2021 10:23:26 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: ingrid seade <inkseade@yahoo.com>
Sent: Tuesday, March 2, 2021 9:53 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Fwd: Condemn Booth Heights
Begin forwarded message:
From: ingrid seade <inkseade@yahoo.com>
Subject: Condemn Booth Heights
Date: February 27, 2021 at 3:42:44 PM MST
March 2, 2021 - Page 105 of 136
To: letters@vaildaily.com
“ They paved paradise and put up a parking lot.’'
That one sentence in that legendary song by Cheryl Crowe says it all. If
this construction goes forth, we will all have to endure and watch
the destruction of the Booth Heights parcel of land in East Vail for years
to come. The topography of this land will certainly make construction
extremely difficult. The area is steep and too narrow
for high density housing to be built upon. It also has several dangerous
loose rock formations above it. The developer will have to dig and
scrape and rearrange the land in order to fit this proposed development
on it. This development will be a permenant eyesore forever. It will also
carry future logistic consequences from conception.
I have attended various TOV council meetings in the past at City Hall.
One of the serious problems mentioned was the lack of parking in this
complex. It was noted that only one car per unit would be allowed.
This is totally ridiculous. Where are tenants supposed
to park? On Frontage Road? The location of
employee housing in this area is also very impractical.
This area isn’t near any stores or easy access in and
out of the property. Frontage Road in this area has a
lot of traffic and is also deemed very dangerous.
There have been numerous accidents in this area.
Some involving cars and some involving cyclists and
pedestrians. Adding to traffic woes will be the future
residents of this housing complex. So I urge The Town
of Vail to condemn this property from any kind of
development.
We all have to be good stewards with what little open land that still
March 2, 2021 - Page 106 of 136
exists in and around this lovely Town of Vail. We have to preserve this
land for the bighorn sheep that use this area for their winter grazing
habitat. It’s also imperative to showcase the beautiful entrance to the
Vail valley.
I implore the Town of Vail to condemn this property as being unsuitable
for development.
Sincerely, Ingrid Seade
East Vail
March 2, 2021 - Page 107 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Development Agreement
Date:Tuesday, March 2, 2021 10:23:37 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Runblondie49@comcast.net <Runblondie49@comcast.net>
Sent: Tuesday, March 2, 2021 9:40 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Fwd: Development Agreement
Sent from my iPad
Begin forwarded message:
From: runblondie49@comcast.net
Date: March 1, 2021 at 2:22:26 PM MST
To: towncouncil@vailgov.com
March 2, 2021 - Page 108 of 136
Cc: Scott Robson <srobson@vailgov.com>
Dear Mr. Mayor and Council Members,
For those individuals on Council and Staff who believe their legacy will reflect a huge
victory for affordable housing, I urge you to re-examine this looming debacle. If the
Development Agreement is approved, as it is written, the following will define the
entire process and outcome:
1. Failed negotiations
2. Misinformation
3. Lack of transparency
4. Violations of public trust
5. Silencing of constituents
6. Displacement of Children’s Garden of Learning
7. Decimation of the Bighorn sheep herd at Booth Heights
Reasonable people have respectfully participated in this process for months. Former
mayors, former Town Council members, local leaders, attorneys, business owners and
friends and neighbors have urged you to make the necessary changes in this
agreement and to pursue condemnation.
The complexity of this Development Agreement is staggering and I suggest that many
of you (excluding Brian Stockmar), have no legal backgrounds. Perhaps you have been
more comfortable listening rather than asking questions in the Executive Sessions.
And perhaps the Town Attorney and the Housing Department have greatly influenced
your participation. There is concern there has been no objective input from other
professional resources with specialties such as contract law or municipal
condemnation. You must get this Development Agreement 100% correct. The
community, the people who voted for you, are asking for modifications and for the
option of condemnation. How many signatures, how many letters and phone calls and
public comments do you need? The timeline is artificial and to plunge forward with this
flawed Development Agreement will prove disastrous for Vail.
I urge you to vote no on this Development Agreement as it is written.
Sincerely,
Blondie Vucich
Sent from my iPad
March 2, 2021 - Page 109 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Middle Creek Project
Date:Tuesday, March 2, 2021 10:27:18 AM
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: kbenysh@vail.net <kbenysh@vail.net>
Sent: Friday, February 26, 2021 1:36 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Middle Creek Project
The building as pictured is quite unattractive and looks cheap, hardly a
good impression at the entrance to Vail. It should more closely blend with
the current housing project just to the west of the proposed area. Also,
since Vail Resorts won't come to the table and compromise with regard to
the Booth Heights land, any housing built by the Town and Triumph should
not be available to VR employees. The units should be rented to Vail small
businesses to provide housing for their employees.
Kathryn Benysh
March 2, 2021 - Page 110 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW:
Date:Tuesday, March 2, 2021 10:25:57 AM
Attachments:To the Vail Town Council.March 2.21 (1).docx
image001.png
image002.png
image003.png
image004.png
image005.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Tom Vucich <vucicht@gmail.com>
Sent: Sunday, February 28, 2021 2:08 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject:
Please see attached for my input for the 3/2/21 evening council meeting.
March 2, 2021 - Page 111 of 136
To the Vail Town Council:
Before you make your decision at the March 2, 2021 council meeting regarding the development
agreement with Triumph on the Middle Creek parcel I hope you will review the compilations of direct
quotes below. They are from the past 2 council meetings, are verbatim and can be verified by watching
the meeting videos on record.
For perspective, these statements were made in the push for council to approve the pre-development
agreement that very night. Note that some of these were made by Matt Mire, town attorney, and Scott
Robson, town manager. They rest are from you all.
Having now seen the development agreement that will be presented that night (the first the public has
ever seen—3 weeks later) I have the following questions and comments for you related to those quotes:
1. If there were any legal concerns about including deal points that the public raised and lobbied
for why weren’t those concerns stated that night? Why did Scott Robson wait 2 weeks before
making that statement in his update on February 16? Matt Mire was in the 2/2/21 meeting. Vail
Resorts’ departure from negotiations and their threatening letter were long before that.
2. What specifically are the “really quite a few” suggestions from the public that George Ruther and
Matt Mire incorporated in to the DA? These are the things many of you said you wanted in the
final agreement. Interestingly, the vast majority (if not all) of the written and verbal comments
submitted by the public dealt with what happens to the Booth Heights approved plans and
condemnation of the property. Matt Mire specifically said those plans could be “permanently
extinguished”. The legal definition I found for extinguish is “render void.” The development
agreement clearly allows for them to be used by Vail Resorts should they somehow end up with
them.
3. The claim made by Scott Robson--that the topic of condemnation is not directly related to
Middle Creek Lot 3--is troubling. If VR continues to dupe you, get beds on Middle Creek and
more beds on Timber Ridge, of course condemnation is related—in fact, you would be
irresponsible in your duties NOT to condemn Booth Heights. Equally troubling is his quote that
the town continues a separate effort to “find other ways to meet VR’s own housing goals via other
means”. You all know that Middle Creek Lot 3 and Timber Ridge ARE the other means! What
other land parcels would they possibly agree to if not these prime ones?
4. Scott’s other claim in the 2/2/21 meeting that the final development agreement would have
“safety provisions… to get us to the finish line that we’ve all agreed on” is also inaccurate. What
safety provisions are there for the hundreds of Vail citizens whose finish line includes no
development on Booth Heights?
5. The only logical conclusion anyone paying attention can come to is that lots of things changed
from what you and staff said on 2/2/21 and what the town manager’s update on 2/16/21 said.
And, most importantly, what the development agreement now says. It is apparent that the
executive sessions that occurred in between, contained discussions in direct conflict with your
and staff’s earlier public statements.
6. 4 of you--and I would hope 7 of you-- need to deny this development agreement based on your
2/2/21 statements. If you don’t you will be capitulating to whomever is behind the scenes
March 2, 2021 - Page 112 of 136
writing this agreement claiming that Middle Creek and Booth Heights are 2 separate issues--
that you have no leverage with VR. Look at what you said again, have the character to live by
those words, and make certain those “safety provisions and the finish line” Scott Robson refers
to is truly one we’ve all agreed upon.
The development agreement already shows a contingent time-line for completion of Middle
Creek into August of 2023—beyond that ‘urgent’ date of November 2022 we’ve been hearing for
months. Take 1 or 2 more council meetings to work on this development agreement and really,
truly get it right. There is no rush, only artificial dates that could result in a flawed plan you
would regret. And lastly, put condemnation on the table as VR continues their refusal to
negotiate in good faith.
With all respect,
Tom Vucich
Vail
Quotes from February 2, 2021 town council meeting on High Five Access Media:
(times referenced are in the running time line at the bottom)
1) Matt Mire: @ 1:45.53—1:47.10 (in response to a question by Thomas Burch @1:45.36—
1:45.5)
“This was a 3-party agreement and now it it’s a 2-party agreement. So the town can go so far with
the party that’s at the table and right now there are 2 big development agreements we have to
hammer out. And they will have more detail around these provisions. In the meantime, what
this provision does in Sec. 4 is Triumph agrees they won’t pursue these approvals which they
claim to have the right and the intellectual property to while we try to negotiate these.
Obviously, if we don’t get agreements done on both then all bets are off on this anyway.
So I know people would like to see more detail in some of these provisions and you’ll see that in
the Development Agreement—the first one that comes forward. But, you know, if Triumph turns
around and tries to sell or have the property developed via proxy, obviously we can’t reach an
agreement with even the first development agreement. So, right now the parties have agreed to
pause this while we work on these documents and to the extent we can get them done I think all
those issues will be taken care of.”
Thomas Burch ends by asking a question @ 1:47.25 “So, we’re trusting you?” to which there was
no response.
2) Matt Mire @ 2:15.30
“If we get a negotiation accomplished and we get a deal done then these plans and his right to
those plans can be permanently extinguished.”
3) Travis Coggin @ 2:15.48
“It seems to me the safest route to extinguish those rights—the fastest way to get there is to get a
deal negotiated that defines everything and we move forward.”
4) Scott Robson @ 2:18.45
“We would not have brought this PDA to you with a recommendation for approval with it being
drafted in large part by our town attorney and staff if we didn’t feel like there were safety
provisions here to get us to the finish line that we’ve all, I think, agreed upon.”
5) Jenn Bruno @ 2:01.18—2:04.02
March 2, 2021 - Page 113 of 136
“144 beds is exactly the commitment Vail Resorts needs in the future and this gives us the
opportunity further down the road to bring Vail Resorts back, which will in effect—prevent…..we
can trade them these rights to make sure nothing is built on the BH property.”
And “It’s important for the public to know we are not giving up the idea or positioning ourselves
to allow for that to happen and for us to prevent the development at BH.”
“We need to find a way to not only avoid development in East Vail, but to find solutions to our
housing issue.”
Jenn Bruno again @ 2:17.00—2:17.12 (after Jen Mason said “I just want to protect our
community.”)
“Jen, I’m not sure what we’re protecting them from because we’re still going to negotiate a DA
and that’s where we’ll be protecting them.”
6) Kevin Foley @ 2:17.30 (just after asking Matt Mire and Scott Robson if they “heard all of the
input and heard all of the discussion here this evening-on both sides?”—to which they replied
“sure, Kevin, yeah” and “yeah, absolutely.”)
“If we approve a PDA tonight our timeline says we’d like to have the DA ready by the March 5th
(2nd) meeting which gives us about a month to hammer out all these details and make sure that
we’re getting what we want when we get the DA. Now I understand that the PDA does have
some binding steps here, but it’s actually the framework to get us, hopefully, to a DA that—and if
not everyone—but a majority of the people in town will see we’re still trying to achieve the
objective of no development on Booth Heights and bringing housing into town.”
And Kevin again @ 2:20.12 “I’ll support the PDA with the caveat that I really want to see a DA
that tightens up everything that’s been mentioned this evening.”
7) Jen Mason @2:20.32 “I will vote for it, but I will not vote for a DA if there is one paragraph—
one word- that is wrong and that we don’t all agree on…that we as a community agree on.
8) Kim Langmaid @ 2:20.47 “I’m with Jen Mason, I will vote for it tonight, but that DA needs to
reflect much of that input that was given to us tonight.” (to which Kevin Foley said “without a
doubt.”)
Quotes from February 16, 2021 council meeting (Scott Robson’s update on Middle Creek/Booth
Heights)
Scott Robson:
“Although we don’t believe we can legally include some of the deal points that Larry Stewart and
others have been lobbying for, I know that our housing director, George Ruther, and our town
attorney have been able to incorporate really quite a few of the suggestions that have been made
by the public.” And, at the end of the day, certainly we all have a shared desire to protect the
community’s interest in the development agreement.”
“But really what’s most important is that we make it clear that out of necessity this agreement is
focused on developing deed-restricted housing on Middle Creek and just does not, and cannot,
involve a land trade for Booth Heights, or contemplate the town taking ownership of the Booth
Heights plans or drawings.”
March 2, 2021 - Page 114 of 136
“The town will continue to keep our door open to Vail Resorts, to re-engage in how we might
protect Booth Heights and find other ways to meet Vail Resorts’ own housing goals via other
means.”
“Our team continues to work on council’s behalf and the community’s behalf to really do
everything practical in a separate effort to find alternatives to Booth Heights development.”
“Condemnation (of Booth Heights) is just not an issue that’s directly related to housing
development on Middle Creek Lot 3, frankly.”
Mayor Dave Chapin:
“Thanks for that update, Scott. Appreciate it. Hopefully that clears some things up for some
people and the community at large.” ??????
March 2, 2021 - Page 115 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Today’s Booth Heights decision
Date:Tuesday, March 2, 2021 1:09:59 PM
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: alesson055@gmail.com <alesson055@gmail.com>
Sent: Tuesday, March 2, 2021 12:57 PM
To: Scott Robson <SRobson@vailgov.com>; Council Dist List <TownCouncil@vailgov.com>; Kristen Bertuglia
<KBertuglia@vailgov.com>; Suzanne Silverthorn <SSilverthorn@vailgov.com>
Subject: Today’s Booth Heights decision
Awaking February 24 and saying from my Denver bed February‘s full moon setting in the window beside me I was
transfixed by the passage by its passage between Denver’s Downtowers names proudly atop Chase, Xactly,and
Saleforce, Wall St.’s recent & past favorites. For such favor is fleeting. This thought reminded me of Vail resorts
Owner’s enthusiasm for speaking of the Vail brand With small appreciation of how fragile that favor can be.
Sales owners value only what they can monetize. Back bowls & glade skiing.Slope side living slope side living.
Being seen as wildlife- friendly, going green. These are not the same as being environmentally sensitive or
sustainable living. Or living in balance with nature, sharing space with wildlife. An hour passedwith such musing
while watching the moon slip between the towers, then sink behind the XCel building setting definitively.
Will this be the fate of Vail’s famed brand? Do ski areas ever lose their luster?
Under what circumstances?
I urge you to ponder this question before you make decisions to develop the Big Horn critical winter habitat for
housing for anyone.
Dictated to my iPhone do you do double vision in Denver this March 2 fateful day for you and for us who care about
the big horns and our future.
Anna Esson
Sent from my iPhone
March 2, 2021 - Page 116 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Lot 3 agreement
Date:Tuesday, March 2, 2021 11:36:32 AM
Attachments:image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: JOHN & DIANA DONOVAN <dianamdonovan@msn.com>
Sent: Tuesday, March 2, 2021 11:19 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Fwd: Lot 3 agreement
Sent from my iPhone
Begin forwarded message:
From: JOHN & DIANA DONOVAN <dianamdonovan@msn.com>
Date: March 2, 2021 at 11:09:56 AM MST
To: towncouncil@vailgov.com
March 2, 2021 - Page 117 of 136
Subject: Lot 3 agreement
I have just acquired documents that indicate the “child education center” use runs with
the land and not with ownership. A lawyer is reviewing it
What is your remedy if the state refuses to license the temporary location on the
parking structure? As a parent, i know the site is dangerous and not appropriate for
this use especially for such young children.
Signing an agreement with a developer who has expertise only in modulars that can not
to molded to appropriate architecture for this entrance to Vail is inexcusable. Why?!
Your constituents deserve a truthful answer. Same question for Timber Ridge.
Please kill or at least table this terrible plan. There are all kinds of unanswered
questions.
March 2, 2021 - Page 118 of 136
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: 3/2/2021 Council meeting re Middle Creek Project
Date:Wednesday, March 3, 2021 2:27:51 PM
Attachments:12-32Mtg.png
22-32Mtg.png
image001.png
image006.png
image007.png
image008.png
image009.png
Tammy Nagel
Town Clerk’s Office
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Rondeau's <nanpaul@vail.net>
Sent: Wednesday, March 3, 2021 10:44 AM
To: Council Dist List <TownCouncil@vailgov.com>
Cc: Rondeau Nancy <nanpaul@vail.net>
Subject: 3/2/2021 Council meeting re Middle Creek Project
March 2, 2021 - Page 119 of 136
March 2, 2021 - Page 120 of 136
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 : O rdinance No. 4, Series of 2021, A n Ordinance A mending Title 6 of the Vail
Town Code by the Addition of a New Chapter 4B Regarding the Sale of Dogs and Cats Born or
Raised in I nhumane C ommercial Breeding F acilities
P RE S E NT E R(S ): Matt Gennett, Director of Community D evelopment
AC T IO N RE Q UE S T E D O F C O UNC IL :
A pprove, approve with modifications, or deny O rdinance No. 4, Series of 2021, upon f irst reading.
B AC K G RO UND: T he Community Development D epartment is proposing to update the Vail
Town Code to add a new Article B to Chapter 4 of Title 6 of the Vail Town Code to outlaw the sale
of dogs and cats from puppy and kitten mills as it is an unwholesome business practice and not in
the best interest of the public welfare of the Town.
S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Ordinance No. 4,
S eries of 2021 upon f irst reading.
AT TAC H ME N TS :
Description
Staff Memor andum,
Ordinance 4, S er ies 2021
March 2, 2021 - Page 121 of 136
TO: Vail Town Council
FROM: Community Development Department
DATE: March 2, 2021
SUBJECT: First reading of Ordinance No. 4, Series of 2021, an ordinance amending Title 6
of the Vail Town Code by the addition of a new Chapter 4B regarding the sale of
dogs and cats born or raised in inhumane commercial breeding facilities.
Applicant: Town of Vail
Planner: Matt Gennett
I. SUMMARY
The Community Development Department is proposing to update the Vail Town Code to
add a new Article B to Chapter 4 of Title 6 of the Vail Town Code to outlaw the sale of
dogs and cats from puppy and kitten mills as it is an unwholesome business practice
and not in the best interest of the public welfare of the Town.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 4, Series of 2021, upon first reading.
III. DESCRIPTION OF REQUEST
The Community Development Department is requesting that the Vail Town Council
consider the proposed amendments to Chapter 4 of Title 6, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the addition of a new article to outlaw the sale
of dogs and cats from puppy and kitten mills.
The following language constitutes the proposed text amendment:
ARTICLE B. SALE OF ANIMALS FROM INHUMANE COMMERCIAL
BREEDING FACILITIES
6-4B-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following meanings:
March 2, 2021 - Page 122 of 136
Town of Vail Page 2
ANIMAL CARE FACILITY: An animal control center or animal shelter, as defined
in Section 6-4-2 of this Code, maintained by or under contract with any state, county
or municipality, with a mission and practice of, in whole or significant part, to rescue
and place animals in permanent homes.
ANIMAL RESCUE ORGANIZATION: A nonprofit organization with tax-exempt
status under Section 501(c)(3) of the United States Internal Revenue Code, with a
mission or practice, in whole or significant part, to rescue or place animals in
permanent homes.
CAT: As defined in Section 6-4-2 of this Code.
DOG: As defined in Section 6-4-2 of this Code.
OFFER FOR SALE: To sell, offer for sale or adoption, advertise for sale of, barter,
auction give away or otherwise dispose of a cat or dog.
PET SHOP: A retail establishment where dogs or cats are sold, exchanged,
bartered, or offered for sale as pet animals to the general public at retail, but
excluding an animal care facility or animal rescue organization as defined in this
Chapter.
6-4B-2: PET SHOPS:
A. No pet shop shall sell, deliver, offer for sale, barter, auction or otherwise
dispose of a dog or a cat.
B. A pet shop that offers space for the adoption of dogs or cats shall post, in a
conspicuous location on the enclosure of each such animal, a sign listing the name
of the animal care facility or animal rescue organization from which the pet shop
acquired each dog or cat.
C. It is unlawful for a pet shop to offer for adoption any sick or injured dog or
cat, or to offer for adoption any dog or cat that is so young or weak that its sale
would be injurious to the animal.
6-4B-3: VIOLATION AND PENALTY:
A. It is unlawful for any person to violate any provision of this Article. Any
person convicted of violating any provision of this Article shall be punished as
provided in Section 1-4-1 of this Code, and each day of violation shall constitute a
separate offense.
B. The operation of a pet shop in violation of this Article is declared to be a
public nuisance and is subject to abatement as provided by law. In any case in
which the Town prevails in a nuisance abatement action initiated pursuant to this
Chapter, the Town may recover its reasonable attorney fees plus costs of the
proceeding.
March 2, 2021 - Page 123 of 136
Town of Vail Page 3
IV. BACKGROUND
Currently, “Pet Shops” are only permitted as a conditional use in the Commercial Core 3
(CC3), Commercial Service Center (CSC), and Arterial Business (ABD) Districts. As a
conditional use, any new pet shop wishing to locate within the town would go through
the Conditional Use Permit (CUP) application process in accordance with Chapter 12-
16 Conditional Use Permits. Through the CUP process and in conjunction with this
proposed ordinance, there will be sufficient ability to ensure the responsible operation of
pet shops within the Town of Vail.
VI. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2021, upon
first reading, the Community Development Department recommends the Council pass
the following motion:
“The Vail Town Council approves, on first reading, Ordinance No. 4, Series of
2021, an ordinance amending Title 6 of the Vail Town Code by the addition of a
new Chapter 4b regarding the sale of dogs and cats born or raised in inhumane
commercial breeding facilities, Vail Town Code, pursuant to Section 12-3-7,
Amendment, to outlaw the sale of dogs and cats from puppy and kitten mills as it
is an unwholesome business practice and not in the best interest of the public
welfare of the Town, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 4 Series of 2021, the
Community Development Department recommends the Council m ake the following
findings:
“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;
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. 4, Series of 2021
March 2, 2021 - Page 124 of 136
2/22/2021
\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PUPPY MILLS-O021921.DOCX
1
ORDINANCE NO. 4
SERIES 2021
AN ORDINANCE AMENDING TITLE 6 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 4B REGARDING THE SALE OF
DOGS AND CATS BORN OR RAISED IN INHUMANE COMMERCIAL
BREEDING FACILITIES
WHEREAS, the Humane Society of the United States (the "Humane Society") has
determined that puppy and kitten mills are inhumane commercial breeding facilities, which
disregard the animals' physical and emotional health to maximize profits;
WHEREAS, according to the Humane Society, these mills produce animals for
sale, often at retail pet shops;
WHEREAS, the Town Council hereby finds and determines that the sale of dogs
and cats from these mills is an unwholesome business practice and not in the best interest
of the public welfare of the Town; and
WHEREAS, the Town Council finds and determines that this ordinance is
necessary to protect the public health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 6 of the Vail Town Code is hereby amended by the
addition of the following new Article B, to read as follows:
ARTICLE B. SALE OF ANIMALS FROM INHUMANE COMMERCIAL
BREEDING FACILITIES
6-4B-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ANIMAL CARE FACILITY: An animal control center or animal shelter, as
defined in Section 6-4-2 of this Code, maintained by or under contract with
any state, county or municipality, with a mission and practice of, in whole or
significant part, to rescue and place animals in permanent homes.
ANIMAL RESCUE ORGANIZATION: A nonprofit organization with tax-
exempt status under Section 501(c)(3) of the United States Internal
Revenue Code, with a mission or practice, in whole or significant part, to
rescue or place animals in permanent homes.
CAT: As defined in Section 6-4-2 of this Code.
March 2, 2021 - Page 125 of 136
2/22/2021
\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PUPPY MILLS-O021921.DOCX
2
DOG: As defined in Section 6-4-2 of this Code.
OFFER FOR SALE: To sell, offer for sale or adoption, advertise for sale of,
barter, auction give away or otherwise dispose of a cat or dog.
PET SHOP: A retail establishment where dogs or cats are sold, exchanged,
bartered, or offered for sale as pet animals to the general public at retail,
but excluding an animal care facility or animal rescue organization as
defined in this Chapter.
6-4B-2: PET SHOPS:
A. No pet shop shall sell, deliver, offer for sale, barter, auction or
otherwise dispose of a dog or a cat.
B. A pet shop that offers space for the adoption of dogs or cats shall
post, in a conspicuous location on the enclosure of each such animal, a sign
listing the name of the animal care facility or animal rescue organization
from which the pet shop acquired each dog or cat.
C. It is unlawful for a pet shop to offer for adoption any sick or injured
dog or cat, or to offer for adoption any dog or cat that is so young or weak
that its sale would be injurious to the animal.
6-4B-3: VIOLATION AND PENALTY:
A. It is unlawful for any person to violate any provision of this Article.
Any person convicted of violating any provision of this Article shall be
punished as provided in Section 1-4-1 of this Code, and each day of
violation shall constitute a separate offense.
B. The operation of a pet shop in violation of this Article is declared to
be a public nuisance and is subject to abatement as provided by law. In
any case in which the Town prevails in a nuisance abatement action
initiated pursuant to this Chapter, the Town may recover its reasonable
attorney fees plus costs of the proceeding.
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 of
the remaining portions of this ordinance; and the 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 Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
March 2, 2021 - Page 126 of 136
2/22/2021
\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PUPPY MILLS-O021921.DOCX
3
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 2nd day of March, 2021 and a
public hearing for second reading of this Ordinance set for the 16th day of March, 2021,
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 16th day of March, 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 127 of 136
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 : O rdinance No. 3, Series of 2021, Second R eading, an Ordinance approving a
certain parcel of land owned by the Town of Vail as D esignated Open S pace pursuant to Section
13.11 of the Vail Town Charter
P RE S E NT E R(S ): Kristen B ertuglia, E nvironmental Sustainability D irector
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with modifications, or deny
Ordinance No. 3, S eries of 2021.
B AC K G RO UND: T he Town of Vail O pen S pace B oard of Trustees has forwarded a unanimous
recommendation to the Vail Town Council for the designation of a 48.13 acre parcel located in
E ast Vail on the south side of Bighorn R d., off W illow Way, as Designated Open S pace.
S TAF F RE C O M M E ND AT I O N: Approve O rdinance No. 3., S eries of 2021 upon second
reading.
AT TAC H ME N TS :
Description
Ordinance N o. 3, Series of 2021- Memorandum
Ordinance N o. 3, Series of 2021
Exhibit A to O rdinance N o, 3, Series of 2021
Map
Resolution No. 47, Series of 2019
March 2, 2021 - Page 128 of 136
To: Vail Town Council
From: Kristen Bertuglia, Environmental Sustainability Department
Date: February 2, 2021
Subject: Ordinance No. 3, Series of 2021, an Ordinance approving a certain parcel of land owned
by the Town of Vail as Designated Open Space pursuant to Section 13.11 of the Vail
Town Charter
I. PURPOSE
The purpose of this memorandum is to provide supporting information for Ordinance, No. 3,
Series of 2021, for the recommendation of the designation of parcel 2101-123-00-006 as
Designated Open Space.
II. BACKGROUND
Via Resolution No. 47, Series of 2019, Cara Beutel of Houston, TX donated to the Town of Vail,
a 48.13 acre parcel located in East Vail on the south side of Bighorn Rd., off Willow Way. The
donation was conditioned upon an adequate appraisal, and the Town Council designating this
parcel as Designated Open Space upon a recommendation from the Open Space Board of
Trustees. Established by the Town of Vail Charter, the Open Space Board of Trustees consists
of one Town Council member currently served by Kim Langmaid (Chair), the Town Manager
(Scott Robson), and one member of the Planning and Environmental Commission (Ludwig
Kurz).
Property Details:
• 48.13 acres
• Originally purchased for $55,000 in 1979 from James and Nancy Reinecke, now fully
owned by the Town of Vail.
• The entire property is currently zoned Agricultural and Open Space.
• Included in the Open Lands Plan:
o Action Item #21 Purpose - Protect environmentally sensitive land from
development. Action – Acquire parcel or work with land owner on conservation
Easement.
• Legal access could have provided from adjacent Town owned property. Area residents
have used the property for trail loops for years, according to an adjacent property owner
and visible worn pathways.
• The property is appropriate and meets the criteria for Designated Open Space, which is
as follows:
March 2, 2021 - Page 129 of 136
Town of Vail Page 2
The parcel must be owned by the Town of Vail and zoned Natural Area
Preservation, Outdoor Recreation or Agriculture Open Space and be:
Environmentally Sensitive Lands (wetlands, riparian areas, critical habitat
identified by the Division of Wildlife or the Natural Heritage Program;
High Hazards area including the 100 year flood plain, red avalanche
hazards area, high rock fall hazard area and high debris flow hazard area;
or
Town of Vail parks that provide passive outdoor recreational
opportunities.
This parcel provides an abundance of wildlife habitat including valuable riparian area, steep
slopes, and healthy vegetation. It is home to ungulate species, birds, and black bear. The area
includes stream access and has been utilized by the local neighborhood for light walking trails.
The riparian areas offer opportunities for enhancement, including erosion control and improved
vegetation along the waterways. Staff will investigate proper project areas in 2021.
III. OPEN SPACE BOARD OF TRUSTEES RECOMMENDATION
The Open Space Board of Trustees convened on January 15, 2021 and voted unanimously to
recommend to the Vail Town Council that the parcel be Designated Open Space.
IV. ACTION REQUESTED
Staff requests the Vail Town Council approve, approve with modifications, or deny Ordinance
No. 3, Series of 2021.
V. ATTACHMENTS
A.) Resolution No. 47, Series of 2019
B.) Area Map
C.) Ordinance No. 3, Series of 2021
D.) Exhibit A to Ordinance No. 3, Series of 2021
March 2, 2021 - Page 130 of 136
ORDINANCE NO. 3
Series of 2021
AN ORDINANCE APPROVING A CERTAIN PARCEL OF LAND OWNED BY THE
TOWN OF VAIL AS DESIGNATED OPEN SPACE PURSUANT TO SECTION 13.11 OF
THE VAIL TOWN CHARTER (THE “CHARTER”)
WHEREAS, in 2019 the Town of Vail accepted the donation of a 48.13 acre parcel of
land in the Town of Vail located in East Vail on the south side of Bighorn Road, and legally
described as set forth in Exhibit A, attached hereto and made a part hereof by this
reference (the “Property”);
WHEREAS, consistent with the donation of the Property, and the Charter, The Town
Open Space Board of Trustees has evaluated the Property for the purpose of forwarding
a recommendation to the Town Council as to whether to designate the Property as
Designated Open Space pursuant to Section 13.11 of the Charter; and
WHEREAS, on January 15, 2021 the Open Space Board of Trustees voted
unanimously to recommend to the Town Council that the Property be Designated Open
Space.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby finds that the Property meets the criteria
for Designated Open Space as set forth in Section 13.11 of the Charter, and hereby
designates the Property as Designated Open Space pursuant to the Charter.
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 affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code 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
ordinance previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such
March 2, 2021 - Page 131 of 136
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 2nd day of February, 2021 and a
public hearing for second reading of this Ordinance is set for the 16th day of February,
2021, 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 16th day of February, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 2, 2021 - Page 132 of 136
March 2, 2021 - Page 133 of 136
March 2, 2021 - Page 134 of 136
RESOLUTION NO. 47
Series of 2019
A RESOLUTION ACCEPTING A DONATION OF REAL PROPERTY
WHEREAS, Cara Barer (“Grantor”) is the owner of real property in the Town of Vail
legally described in the deed attached hereto as Exhibit A, and also known as also known by
assessor’s parcel number 2101-123-00-006 (the “Property”); and
WHEREAS, Grantor wishes to donate the Property to the Town of Vail and the Town
wishes to accept said donation.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby accept the donation of the Property and approves
the transfer in substantially the same form as attached hereto as Exhibit A and in a form approved
by the Town Attorney.
Section 2. The Town understands and agrees that Grantor will only proceed with the
transfer of the Property if the appraised value of the Property is deemed to be sufficient by Grantor
in Grantor’s sole discretion.
Section 3. The Town agrees that upon acceptance of the transfer, the Town will pursue
the dedication of the Property as Designated Open Space, pursuant to Section 13.11 of the Town
Charter.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 3rd day of December 2019.
_________________________
Dave Chapin,
Town Mayor
ATTEST:
_____________________________
Tammy Nagel,
Town Clerk
March 2, 2021 - Page 135 of 136
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 : Adjournment 7:10 pm (estimate)
March 2, 2021 - Page 136 of 136